The URL can be used to link to this page

PRHSPSC PKT 05-09-2017City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 9, 2017 City Hall 5:00 p.m. Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description MEETING AGENDA Presenter Page A. Approval of Minutes: April 11, 2017 2 B. Federal Way Violence Prevention Coalition Koppang N/A Action or Info Action Discussion Recommendation C. 2017 Program Year Community Development Block Grant Watson 3 Action (CDBG) Annual Action Plan D. New Cingular Wireless PCS, LLC Site Lease Agreement — Call 35 Action Saghalie Park Location 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS Festivals 7. NEXT MEETING: June 13, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore K: \PRHSPS Committee \2017 \05 -09 -2017 Agenda.doc City staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II Council Date N/A N/A Public Hearing 5/16/17 Consent 5/16/17 City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 9, 2017 City Hall 5:00 p.m. H lebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description MEETING AGENDA *REVISED* Presenter Page A. Approval of Minutes: April 11, 2017 2 B. Grant Between Federal Way Police Department and the Hwang 3 Washington Auto Theft Prevention Authority (WATPA) for ALPR Replacement Project Action or Info Action Action C. Federal Way Violence Prevention Coalition Koppang N/A Discussion Recommendation D. 2017 Program Year Community Development Block Grant Watson 7 Action (CDBG) Annual Action Plan E. New Cingular Wireless PCS, LLC Site Lease Agreement — Call 40 Action Saghalie Park Location 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT MEETING: June 13, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore K: \PRHSPS Committee \2017 \05 -09 -2017 Agenda.doc City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II Council Date N/A Consent 5/16/17 N/A Public Hearing 5/16/17 Consent 5/16/17 City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 11, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Moore, Committee member Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge Staff Members in Attendance: Ryan Call, Assistant City Attorney, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, and Mary Jaenicke, Administrative Asst. II. Guests: None Chair Koppang called the meeting to order at 5:00p.m. Commission Comment: None Public Comment: None Approval of Minutes Committee member Assefa- Dawson moved to approve the March minutes as written, Committee member Moore seconded the motion. Motion passed. BUSINESS ITEMS Panther Lake Trail 85% Redesign Mr. Ikerd stated that the 85% design is not much different from the 30% design. The new addition in the 85% design is the 50ft bridge. The bridge is a steel structure with a 6ft wide concrete walking surface. Staff is working on a contract for soil testing. The engineer's cost estimate is $998,570.00 and the total available budget is $1,058,918.00. The next steps are finalizing the drawings, applying for the permits, - - and- then going out to bid. Committee member Moore moved to approve the -851Q -redesign- of-- Panther Lake Trail and authorize staff to bid the project and to send to the April 18, 2017, consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES Committee member Moore has been working with Anica Stieve with the Center for Children and Youth Justice (CCYJ); they work with the Suburban King County Coordinating Council on Gangs (SKCCCG). He will be meeting with her next week, and would like her to come to a future PRHSPSC meeting. Committee member Assefa- Dawson attended a Regional Law and Social Justice Committee meeting. They talked about statistics and data about criminal justice and wealth and health. She stated that it would be appropriate to have a presentation at a PRHSPSC meeting. NEXT MEETING May 9, 2017 ADJOURNMENT Meeting adjourned at 5:22p.m. K:\PRHSPS Committee\2017 \04 -11 -2017 Mins.doc COUNCIL MEETING DATE: May 16, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GRANT AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY (WATPA) FOR ALPR REPLACEMENT PROJECT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept a $22,220.00 Grant from the Washington Auto Theft Prevention Authority (WATPA) for the ALPR Replacement Project? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: May 9, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CHIEF ANDY HWANG DEPT: Police Attachments: 1. PRHS &PSC Memo 2. Grant Agreement between Federal Way Police and WATPA Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1— Accept WATPA Grant Initial/Date COMMITTEE RECOMMENDATION: "I move to forward Grant Agreement between the Federal Way Police Department and WATPA for the ALPR Replacement Project to the May 16, 2017, Consent Agenda for approval " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Grant Agreement between the Federal Way Police Department and WATPA for the ALPR Replacement Project and authorize Chief of Police Andy Hwang to sign said Agreement. " (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 - 11/2016 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 9, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Grant Agreement between Federal Way Police Department and The Washington Auto Theft Prevention Authority for ALPR Replacement Project The ALPR Program is in need of replacing an ALPR System in one of the Federal Way Police Department Patrol Cars which is outdated and no longer working. The Washington Auto Theft Prevention Authority (WATPA) Board of Directors approved the Federal Way Police Department's mini grant application to fund the ALPR Replacement project. The Federal Way Police Department will be reimbursed for actual expenses not to exceed $22,220.00. The funding period is May 1, 2017 — June 30, 2017. All funds must be expended and products or services received no later than June 30, 2017. AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION 2017 MINI GRANT PROGRAMAWARD SHEET 1. Award Recipient Name and Address: Federal Way Police Department 33325 8th Ave S Federal Way, WA 98003 3. Project Title ALPR Replacement 5. Grant No: 17 MINI WATPA 013 7. Amount Approved: $22,220.00 2. Contact: Andy Hwang Title: Chief Telephone: (253) 835 -6701 4. Award Period: 05/01/2017 — 06/30/2017 6. Funding Authority: WASHINGTON AUTO THEFT PREVENTION AUTHORITY 8. Service Area: King County 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested WATPA Funding Approved 1) Equipment 22,220.00 22,220.00 f ALPR Replacement TOTAL FUNDING 22,220.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA Name/ Michael Painter Title WATPA, Executive Director RECIPIENT Name/ Title Date: 05/01/2017 Date: Washington Auto Theft Prevention Authority Grant Award Expenditure Reimbursement Request Agency Seeking Reimbursement: Address: Grant Number: Billing for the Month/Year of: Description Total Budget Total Prior Billings Current Billing Total Billing �' YTD Award Balance A. Public Outreach 0.00 0.00 0.00 0.00 0.00 B. Innovative Programs 0.00 0.00 0.00 0.00 0.00 C. Equipment 0.00 0.00 0.00 0.00 0.00 Totals 0.00 0.00 0.00 0.00 0.00 I hereby certify that the items and totals listed herein are proper charges for materials, merchandise or services furnished under the contract with the Washington Auto Theft Prevention Authority. Signature Printed Name /Title Date Phone Number WATPA APPROVAL Signature Date Michael Painter, WATPA Executive Director Printed Name /Title Submit reimbursment requests to: WATPA 3060 Willamette Dr NE Lacey, WA 98516 COUNCIL MEETING DATE: May 16, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2017 PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should the City Council approve the 2017 Program Year Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: May 9, 2017 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeffrey Watson Community. Mana er DEPT: CD -- Watson, - - y.... _ . .. ..... _.__ .......... . Attachments: Memo to Mayor and City Council 2017 CDBG Annual Action Plan In 2011, the City of Federal Way became a CDBG entitlement community and adopted its first Consolidated Plan for the 2012 -2016 program year period. In program year 2015, the City, as a member of the HOME Consortium with King County, began participation in the County's Consolidated Plan, resulting in the adoption of a new Consolidated Plan for the 2015 -2019 program year period. The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the Consolidated Plan program period. The 2017 PY Action Plan is for the third year of the Consolidated Plan program period. The Human Services Commission considered the 2017 Annual Action Plan at its regular meeting on Monday, April 17, 2017, and voted 9 -0 to "recommend the City Council approve the 2017 Annual Action Plan as presented and that, in the event the annual grant amount from the U.S Department of Housing Urban Development is either less than or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and Community Economic Revitalization Funding (CERF)." Options Considered: 1. Approve the 2017 CDBG Annual Action Plan. 2. Do not approve the 2017 CDBG Annual Action Plan and give staff direction. MAYOR'S RECOMMENDATION Option 1 MAYOR APPROVAL: ' InitiaVDate DIRECTOR APPROV COMMITTEE RECOMMENDATION: I move to forward the 2017 CDBG Annual Action Plan to the May 16, 2017 City Council agenda for public hearing. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2017 CDBG Annual Action Plan with the Human Services Commission recommendations and authorize the Mayor to execute all documents associated with the Plan and corresponding funding agreements with the U.S. Department of Housing and Urban Development. " (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 — 11/2016 RESOLUTION # MEMORANDUM April 27, 2017 TO: Mayor Ferrell and City Council Members FM: Jeffrey Watson Community Services Manager RE: 2017 Program Year Community Development Block Grant (CDBG) Annual Action Plan Due to the Continuing Resolution by Congress that expired on April 28, 2017, the U.S. Department of Housing and Urban Development does not have 2017FY budget numbers as of the date of this memo. This in turn means that Community Development Block Grant (CDBG) communities throughout the nation, including Federal Way, have not received the amount of the 2017 allocation for the CDBG Program. As a result, the 2017 Program Year CDBG Annual Action Plan is based upon the 2015 allocation of $620,000. On April 17, 2017, the Human Services Commission voted 9 -0 to "recommend that the City Council approve the 2017 Annual Action Plan as presented and that, in the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less than or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and Community Economic Revitalization Funding (CERF)." Public Services and Planning and Administration are subject to a cap determined by a percentage of the annual allocation, 15% and 20% respectively. Community Economic Revitalization Funding (CERF) is not subject to a cap, but typically represents the remaining 65% plus any prior year remaining funds being allocated. CERF includes the planned repayment of the Section 108 loan. The Commission recommendation ensures that in the event of an increase or decrease to the annual award amount, full payment of the Section 108 loan principal and interest would be budgeted with the pro rata adjustment made to the remaining CERF projects. Pro rata adjustments would be made to all allocations in Public Services and Planning and Administration. Thank you. Federal Way The City of Federal Way ANNUAL ACTION PLAN 20-1-7 April 2017 Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Federal Way presents this One Year Action Plan for the 2017 Program Year Community Development Block Grant program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan This Action Plan allocates a total of approximately $725,000 dollars in anticipated 2017 Community Development Block Grant Entitlement funds, Section 108 Loan funds, and CDBG program income to support the Community Development Block Grant program. The overall goals for the Action Plan are: • Improve and expand affordable housing options; • Expand businesses to create jobs and assist with the development of microenterprises; • Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and • Administer the Community Development Block Grant program to meet the community needs and HUD requirements. 3. Evaluation of past performance The City has been able to meet the needs of many low- and moderate - income households through its involvement as a member of the King County HOME Consortium. Activities implemented under that arrangement have succeeded in: 1) meeting the needs of homeowners through the City's housing repair program; 2) providing much needed services to help households to regain stability; 3) providing facilities and improvements to improve the quality of life; and 4) supporting economic development efforts for small businesses and microenterprise. During the period of the City's original 2012 -2016 Consolidated Plan, and the first two years of the 2015 -2019 HOME Consortium Consolidated Plan, the City of Federal Way worked closely with the community, nonprofit agencies, the private sector, the State of Washington, HUD, the faith -based community, and the philanthropic community to make solid progress towards goals. In 2016, the City of Federal Way reported in the Consolidated Annual Performance Evaluation Report (CAPER): 8 households received support for housing repair and rehabilitation 364 persons received assistance with public services 84 persons received economic development - related assistance 4. Summary of Citizen Participation Process and consultation process The City had an established public participation process, as outlined below: • Notice of Funds Available for PY2017 CDBG Community Economic Revitalization Funds was published in the Federal Way Mirror on August 12, 2016. Federal Way Annual Action Plan 2017 • A public hearing was held on November 21, 2016, before the Human Services Commission to receive input on the preliminary 2017 -18 CDBG Public Services grant recommendations. • Request for public comments and input was emailed to stakeholders and service agencies on April 6, 2017 seeking input through May 16, 2017. • An opportunity for public comment will be provided on April 17, 2017, before the Human Services Commission to receive input on the 2017 Annual Action Plan. • A Notice of Public Hearing was published in the Federal Way Mirror on April 7, 2017, notifying the public of a public hearing to be held on May 16, 2017, and to announce the comment period on the 2017 Annual Action Plan. • A public hearing will be held on May 16, 2017, before the Federal Way City Council to receive input on the 2017 Annual Action Plan. S. Summary of public comments To be included following the public comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them To be included following the public comment period. 7. Summary To be included following the public comment period. The remainder of this report will provide details on how the City proposes to prioritize its investment. Federal Way Annual Action Plan 2 2017 PR -05 Lead & Responsible Agencies - 91.200(b) 1. Agency /entity responsible for preparing /administering the Consolidated Plan The City of Federal Way is responsible for preparing the Annual Action Plan and for the administration of the CDBG grant program and funding. Responsible Agency 0 Agency Role: CDBG Administrator • Name: Jeffrey Watson • Department /Agency: Community Development /Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Jeffrey Watson, Community Services Manager, is the program administrator. Sarah Bridgeford, CDBG Coordinator, is the primary staff responsible for the day -to -day implementation of the program. Additionally, numerous non - profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Annual Action Plan Contact Information Sarah Bridgeford CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2651 (telephone) (253) 835 -2609 (facsimile) Sarah .Bridgeford @cityoffederalway.com Federal Way Annual Action Plan 2017 AP -10 Consultation - 91.100, 91.2OO(b), 91.215(1) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. As part of its first Consolidated Plan, for 2012 -2016, the City created the Citizen Participation Plan for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Plan, and provide input for the implementation and program evaluation phases in future years. During the process of developing the Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County with common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate - income persons and households, as well as the homeless. The City also works with members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with each other. The consortium includes stakeholders and public housing authorities (PHA's) including the King County Housing Authority and the Renton Housing Authority. In addition to the Consortium, the Continuum of Care is comprised of nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, the Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Social and Health Services. This coordination and public meetings held as part of the planning and funding processes for federal formula grants and local funds take place regularly throughout the year and inform recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way coordinates with All Home, which has been designated by the King County Council as the local homeless housing task force for King County. All Home was created to work with service providers and advise local government on the creation of a local homeless housing plan and to participate in a local homeless housing program. Federal Way works with King County and other communities in the Consortium to provide input and advice to All Home on local and sub - regional issues and needs regarding homelessness as well as housing and services for the homeless. Federal Way is a member of a committee that focuses on collaboration between service providers and housing providers. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous churches and other faith -based groups that provide regular services and support to the homeless in our community. This includes meals, overnight shelter during the cold months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out Federal Way Annual Action Plan 4 2017 winter shelters for homeless men and women. Catholic Community Services provides case management for these shelters. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation of the All Home Homelessness Strategic Plan, which is focused on making homelessness rare, brief, and one -time. The CoC has a continued prioritization of permanent housing while addressing a full continuum of housing from transitional housing with support services to permanent supportive housing for persons with disabilities. The City of Federal Way supports the continuum of housing including prevention, emergency housing, transitional, and permanent. The City's provides financial support of these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of homeless persons. Efforts by the City and our many human services partners are targeted to help homeless persons meet three goals: • achieve residential stability; • increase their skill levels and /or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and All Home, the King County agency focused on ending homelessness. These valuable partnerships support Federal Way and the surrounding region's efforts to make homelessness rare, brief, and one -time. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS All projects receiving McKinney funding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. The King County CoC priorities are set by All Home in King County. Federal Way staff contributes to the CoC by working collaboratively with All Home and with other communities, especially those in South King County, to provide input and cooperation with All Home and King County. Federal Way Annual Action Plan 2017 2. Agencies, groups, organizations and others who participated in the process and consultations • Birth to Three Family Development Center • All Home • ANEW • Boys and Girls Clubs of King County • Catholic Community Services of Western Washington • CHI Franciscan • Communities In Schools of Federal Way • Crisis Clinic • Courage360 • Domestic Abuse Women's Network (Dawn) • Dynamic Partners • Emergency Feeding Program • Federal Way Senior Center • Federal Way Community Caregiving Network • Fusion • HealthPoint • Hospitality House • Institute for Family Development • King County Sexual Assault Resource Center • Kent Youth & Family Services • King County Bar Foundation • Multi- Service Center • Nexus Youth and Family Services (formerly AYR) • Pediatric Interim Care Center • Puget Sound Training Center • Public Health of Seattle -King County • Sound Generations • Sound Mental Health • St. Vincent De Paul Society • Valley Cities Counseling & Consultation • Washington Engage • YWCA • City Of Federal Way Identify any Agency Types not consulted and provide rationale for not consulting To be included following the public comment period. Other local /regional /state /federal planning efforts considered when preparing the Plan The Continuum of Care (CoQ which is overseen by All Home King County. The City of Federal Way is working with All Home and other communities in South King County to implement the new Strategic Plan that replaces the Ten -Year Plan to end Homelessness. Federal Way Annual Action Plan 6 2017 AP -12 Participation - 91.401, 91.105, 91.200(c) Summary of citizen participation process /Efforts made to broaden citizen participation Consultation and citizen participation are critical elements of the plan. The value of citizen participation includes: 1) hear the community's recommendations on how the City should invest its CDBG dollars; 2) consult with individuals who may not initiate contact with the City because of language /cultural differences or who do not come from experiences where government sought their opinions; and 3) convene public hearings and meetings to increase opportunities for housing providers, service agencies, and healthcare organizations to come together and discuss how they can coordinate services and pool funding to achieve the greatest impact. Such consultation and citizen participation are ongoing aspects of the City's administration of its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City continuously seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. The City also has planning and citizen participation specifically to address homelessness and community development by meeting regularly with human service providers, other local cities, and other funders to seek solutions to local and regional community development problems. Federal Way Annual Action Plan 7 2017 Expected Resources AP -15 Expected Resources — 91.420(b), 91.220(c) (1, 2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2016 Program Year: • CDBG • Program Income • City General Fund (targeted to human services /public services) • Section 108 Loan Anticipated Resources Table 1- Expected Resources — Priority Table Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ CDBG public - Acquisition, $620,000 $4,800 $1,021,404 $1,646,204 $1,240,000 CDBG funds federal Admin and leverage Planning, additional Economic federal and Development, state funds. Housing, Agencies are Public able to combine Improvements, funding sources Public Services in order to provide a wider range of services to the community. Federal Way Annual Action Plan 8 2017 Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ General public - Public Services $516,000 $0 $0 $516,000 $1,032,000 The City Fund local provides general fund grants annually to agencies and organizations that deliver services in support of low - and moderate - income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services dollars. Federal Way Annual Action Plan 2017 Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ Section public - Economic $105,000 $0 $0 $105,000 $0 The City is using 108 federal Development, a Section 108 Public Loan as part of Improvements the funding to develop the PAEC. The loan is based upon the Section 108 Loan Fund in the amount of $3,030,000 established by the City and approved by HUD in 2014. The loan for the PAEC will take advantage of the full amount of the loan fund in 2016 and 2017. The debt service for the loan will be covered by a portion of the CDBG annual grant over the 20 -year term of the loan. The annual debt service is expected to be approximately $200,000. Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. Federal Way Annual Action Plan 10 2017 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the proposed Performing Arts and Entertainment Center (PAEC) is being built. As described previously in this plan, the PAEC will generate jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. Because the City will be using Section 108 Loan funds in support of the PAEC development, jobs created through the facility and as a result of related development will be available for low- and moderate - income persons. Discussion CDBG and Section 108 Loan funds will be used to support eligible- activities in accordance with CDBG regulations. Federal Way Annual Action Plan 11 2017 Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e) Goals Summary Information Table 2 - Goals Summary Sort Order Goal Name Start Year End Year Category Needs Addressed 1 EXPAND ECONOMIC OPPORTUNITIES 2016 2019 Non - Housing Community Development Economic Development and Job Growth Funding Goal Outcome Indicator CDBG: $342,000 Section 108: $105,000 Jobs created /retained: 13 Jobs Businesses assisted: 4 Businesses Assisted People Assisted: 168 People Goal Name Start Year End Year Category Needs Addressed 2 PROVIDE DECENT, AFFORDABLE HOUSING 2016 2019 Affordable Housing Affordable Housing Preservation Funding Goal Outcome Indicator CDBG: $240,000 Homeowner Housing Added: 1 Household Housing Unit Goal Name Start Year End Year Category Needs Addressed 3 ESTABLISH SUITABLE LIVING ENVIRONMENTS 2016 2016 Non - Housing Community Development Ensure a Suitable Living Environment Funding Goal Outcome Indicator CDBG: $440,500 Public Service activities other than Low -and Moderate - Income Housing Benefit: 288 Persons Assisted Families assisted with Housing Repair: 16 Federal Way Annual Action Plan 12 2017 AP -35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. Table 3 — Project Information # Project Name 1 Program Administration 2 Housing Repair Program 3 Debt Service on Federal Way PAEC Section 108 Loan 4 Code Compliance 5 Federal Way Community Center Inclusion Program 6 Hospitality House 7 MSC Rental Assistance 8 MSC YES Program 9 Orion Employment Services 10 Pediatric Interim Care Center 11 Apprenticeship & Non - traditional Employment for Women (ANEW) 12 Microenterprise Business Technical Assistance (SBDC) 13 Microenterprise Technical Assistance (StartZone) 14 Low- and Moderate - Income Community Development Needs Assessment 15 Multi- Service Center Villa Capri 16 Habitat for Humanity Acquisition 17 Habitat for Humanity Home Repair 18 King County Housing Authority Economic Revitalization Program Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best to build on efforts already underway which could impact the economic problems affecting low - and moderate - income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net /self- sufficiency services, and protecting /enhancing housing owned or rented by low- and moderate - income households. In order to continue services helping populations who are risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of the Federal Way Annual Action Plan 13 2017 resources into the economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner- occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate - income households. Federal Way Annual Action Plan 14 2017 AP -38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Economic Development and Job Growth Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $92,520 Description CDBG Program Planning & Administration for PY2015 Target Date 12/31/2017 Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue 5, Federal Way, WA 98003 Planned Activities CDBG Administration 2 Project Name Housing Repair Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $175,000 Description Housing repair program helping low /low mod income homeowners repair their homes to a safe condition. Target Date 12/31/2017 Estimate the 9 Families (20 individuals) will benefit from this program. number and type of families that will benefit from the proposed activities Location Description Recipients must be homeowners living in the City of Federal Way. Planned Activities Housing repair for extremely low -, low -, and moderate - income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case -by -case basis. Federal Way Annual Action Plan 15 2017 3 Project Name Debt Service on Federal Way PAEC Section 108 Loan Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $179,000 Description Annual Debt Service on Federal Way PAEC Section 108 Loan including quarterly Interest payments until the loan is permanent and one anticipated principal payment in 2017 should the loan become permanent. Target Date 12/31/2017 Estimate the 7 jobs will be created. number and type of families that will benefit from the proposed activities Location Description 31510 20th Avenue South, Federal Way, WA 98003 Census Tract #53033030006 Planned Activities Debt service on the expected Section 108 Loan for the PAEC. A portion of the annual grant will be directed to debt service for the Section 108 Loan for the full term of the loan, which will be 20 years. The annual amount for a full year of debt service is expected to be approximately $200,000 per year over the 20 -year term. 4 Project Name Code Compliance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $76,000 Description Support for staff to engage in code compliance related to City Zoning and related codes. Target Date 12/31/2017 Estimate the number and type of families that will benefit from the proposed activities Location Description Census tracts and /or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Planned Activities Code Compliance Federal Way Annual Action Plan 16 2017 5 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $30,500 Description The Inclusion Program provides social activities and classes for developmentally disabled adults. Target Date 12/31/2017 Estimate the number and type of families that will benefit from the proposed activities 207 disabled individuals will benefit from this activity. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities, such as camping trips, will be provided off -site. Planned Activities Social activities, such as recreational classes, life skills training, trips, and others will be provided. 6 Project Name Hospitality House Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $13,500 Description Homeless Women's Shelter Target Date 12/31/2017 Estimate the number and type of families that will benefit from the proposed activities 5 individuals will benefit from this activity. Location Description Shelter services will be provided at 1419 SW 150th Street, Burien, WA 98166. Planned Activities Provide shelter and case management services to homeless women. Federal Way Annual Action Plan 17 2017 7 Project Name MSC Rental Assistance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $20,000 Description Multi- Service Center will provide rental assistance to eligible Federal Way residents in crisis. Target Date 12/31/2017 Estimate the 46 individuals will benefit from rental assistance. number and type of families that will benefit from the proposed activities Location Description Services will be provided at the Multi- Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Individuals will receive short -term rental assistance to prevent eviction. 8 Project Name MSC YES Program Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $9,000 Description YES helps youth ages 16 - 24 to obtain their GED, secure employment and continue post- secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. Target Date 12/31/2017 Estimate the 15 individuals between the ages of 16 and 24 will benefit. number and type of families that will benefit from the proposed activities Location Description Training for the program will occur at the Multi- Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Classes and training to help youth obtain their GED, secure employment, continue post- secondary schooling. Federal Way Annual Action Plan 18 2017 9 Project Name Orion Employment Services Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $9,000 Description Employment Services for disabled adults. Target Date 12/31/2017 Estimate the 2 individuals will benefit from this activity. number and type of families that will benefit from the proposed activities Location Job training will be provided at 1590 A Street NE, Auburn, WA 98002. Description Planned Activities Vocational counseling and skills training to obtain employment. 10 Project Name Pediatric Interim Care Center Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $6,000 Description Interim care of drug- exposed infants. Target Date 12/31/2017 Estimate the 1 infant will benefit from this activity. number and type of families that will benefit from the proposed activities Location Services will be provided at 328 4th Avenue S, Kent, WA 98032. Description Planned Activities PICC's services include infant transportation, 24 -hour medical monitoring, nursing care, physician visits, narcotic assisted withdrawal, nutritional support for feeding difficulties, and other interim -level medical support (oxygen, PIC lines, etc.) as needed. PICC's social work staff facilitates family visitation, liaises with DSHS, and follows infants for six months after discharge to assure that they continue to thrive. PICC also provides educational and outreach services to the community on the recognition and care of drug- affected infants. Federal Way Annual Action Plan 19 2017 11 Project Name Apprenticeship & Non - traditional Employment for Women (ANEW) Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $5,000 Description Pre - apprenticeship training and employment services Target Date 12/31/2017 Estimate the 3 individuals will receive job training and employment services /case number and type management. of families that will benefit from the proposed activities Location Activities will be provided at Apprenticeship & Non - traditional Employment Description for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12 week pre- apprenticeship training program with job placement and retention services for women in manufacturing and construction trades and 2) the Career Connection Program, wrap- around employment services focusing on job placement and retention. 12 Project Name Microenterprise Business Technical Assistance (SBDC) Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $25,000 Description Technical Assistance to microenterprise business owners. Target Date 12/31/2017 Estimate the 30 individuals will receive technical assistance. number and type of families that will benefit from the proposed activities Location Activities will be provided at Highline College (2400 S. 240th Street, Des Description Moines, WA 98198) Planned Activities Small Business Development Center business advisors will provide one -to- one technical assistance and advising to business owners looking to start or grow their businesses. Federal Way Annual Action Plan 20 2017 13 Project Name Microenterprise Technical Assistance (StartZone) Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $62,000 Description Microenterprise Technical Assistance to entrepreneurs and start-up businesses Target Date 12/31/2017 Estimate the 60 individuals will benefit from technical assistance activities. number and type of families that will benefit from the proposed activities Location Activities will be provided at Highline College (2400 S. 240th Street, Des Description Moines, WA 98198) Planned Activities Activities improve the self- sufficiency of Federal Way residents /business owners by providing educational interventions that are aimed at enhancing small business, self - employment, and micro - enterprise in Federal Way. 14 Project Name Low- and Moderate - Income Community Development Needs Assessment Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Economic Development and Job Growth Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $31,480 Description This project will assess the entire community for community development and public service needs. Target Date 12/31/2017 Estimate the This activity is intended to assess community development and human number and type services needs in the City of Federal Way. As such, it will not directly benefit of families that will persons and families; rather, the Assessment will be used to develop new benefit from the funding strategies for programs that address needs across the proposed activities community, and serve as a guide for allocation of both Federal and City funding in the years to come, which will directly benefit low- and moderate - income persons and families. Location This activity will assess conditions throughout the City. Description Planned Activities Engage a consultant to work with City of Federal Way staff to identify and assess the community development and human services needs for the City, as well as make recommendations regarding prioritizing funding to support programs that will address the needs identified in the assessment. Federal Way Annual Action Plan 21 2017 15 Project Name Multi- Service Center Villa Capri Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $30,500 Description Renovate and expand the playground. Target Date 12/31/2017 Estimate the number and type of families that will benefit from the proposed activities Location This activity will take place at 2862125th Place S, Federal Way, WA 98003. Description Planned Activities Renovate and expand the common area playground to be suitable and safe for use by families and children. 16 Project Name Habitat for Humanity Home Acquisition Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING Needs Addressed Affordable Housing Preservation Funding CDBG: $240,000 Description Habitat for Humanity will purchase an existing home for a new homeowner. Target Date 12/31/2017 Estimate the One family will benefit. The selected family will: number and type • earn 60% or less of the Area Median Income; of families that will . have a demonstrated need for affordable housing; benefit from the . have an adequate income to pay a mortgage; and proposed activities . have willingness to partner with Habitat while investing sweat equity and completing homebuyer education classes. Location Home will be located in Federal Way. Specific address to be determined. Description Planned Activities Habitat for Humanity will purchase one single - family home in Federal Way. Federal Way Annual Action Plan 22 2017 17 Project Name Habitat for Humanity Home Repair Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $80,000 Description Habitat for Humanity will provide home repair on exterior of LMI homes. Target Date 12/31/2017 Estimate the 8 homes /8 families will benefit from the Habitat housing repair project. number and type Families will be at or below 80% of the area median income. of families that will benefit from the proposed activities Location Homes will be located in Federal Way Specific addresses to be determined. Description Planned Activities The critical repair work will focus on exterior repairs that address safety concerns or physical structure deterioration. Roof repairs, stairs, port railings, access ramps, and siding are examples of projects that would be undertaken. 18 Project Name King County Housing Authority Economic Revitalization Project Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic development and job growth Funding CDBG: $62,000 Description Provide an employment training program. Target Date 12/31/2017 Estimate the 60 low- to moderate- income families will be served. number and type of families that will benefit from the proposed activities Location 2217 South 333 d Street, Federal Way, WA 98003 Description 29505 215L Avenue South, Federal Way, WA 98003 Planned Activities Training will be provided to low- income residents and will be for specific jobs with the potential of employment with specific employers. Federal Way Annual Action Plan 23 2017 AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Federal Way Annual Action Plan 24 2017 AP -85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate - income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on -going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. Actions planned to reduce lead -based paint hazards No actions are planned. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance, working with businesses in the Town Center area adjacent to the PAEC to hire low- income residents consistent with the public benefit standards for the proposed Section 108 Loan, and outreach to increase opportunities for low- income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Federal Way Annual Action Plan 25 2017 Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, South King Housing and Homelessness Partnership ( SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with Federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Federal Way Annual Action Plan 26 2017 Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation /preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub - populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self - reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate - income people, our investments across the Consortium in low- income communities, and for the benefit of low- income people, help to ensure equitable opportunities for good health, happiness, safety, self - reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate - income residents safely and effectively; 2) improve the living environment in low -and moderate - income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate - income residents of the Consortium. Community Development Block Grant Program (CDBG) — Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed: $0 2. The amount of proceeds from Section 108 Loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan: $0 3. The amount of surplus funds from urban renewal settlements: $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan: $0 5. The amount of income from float- funded activities: $0 Federal Way Annual Action Plan 27 2017 Other CDBG Requirements 1. The amount of urgent need activities: $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate - income. Overall Benefit - A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low- and moderate - income. For PY2016, the percentage in this Annual Action Plan: 100.0% Federal Way Annual Action Plan 28 2017 COUNCIL MEETING DATE: May 16, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NEW CINGULAR WIRELESS PCS, LLC SITE LEASE AGREEMENT — SAGHALIE PARK LOCATION POLICY QUESTION: Should the City approve the execution of a site lease agreement with New Cingular Wireless PCS, LLC to allow installation and operation of certain equipment for use in connection with its wireless communications services? COMMITTEE: PRHSPS MEETING DATE: May 9, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ran Call Ci Attorney DEPT: Law _...._.__.._...__.___... _._...__...__.___....__ . _ _ . -._ . ..............._I.... y __........ __.......___._._..__---._...._...._.._..._._.--.-_-..-- Attachments: 1. Staff Memo 2. Proposed Site Lease Agreement Options Considered: 1. Approve the Site Lease Agreement and authorize the Mayor to execute the Site Lease Agreement. 2. Take no action and provide direction to staff. MAYOR'S RECOMMEND TJON: Option I MAYOR APPROVAL: ! DIRECTOR APPROVAL: -v& q i- Com ee ouncil� Initial/Date Initial ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Lease Agreement to the May 16, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the New Cingular Wireless PCS, LLC Site Lease Agreement, effective upon mutual execution and authorize the Mayor to sign said agreement. " (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 — 11/2016 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 9, 2017 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: New Cingular Wireless PCS, LLC Site Lease Agreement — Saghalie Location Back round Information: New Cingular Wireless PCS, LLC seeks to contract with the City through a site lease agreement for a portion of property located at Saghalie Park to allow installation and operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the site lease agreement indicates the exact location of the leased space. The site lease agreement is a 5 year term that includes (3) 5 year extensions. New Cingular Wireless PCS, LLC is agreeing to pay the City $2,893.76 each month with an increase of 3% on January 1 st of each calendar year during the term and renewal terms of the lease. An agreement for this specific site has been in place since 2002 under the name of Cingular Wireless LLC on behalf of Pacific Bell Wireless Northwest, LLC. Since the 2002 agreement has been in place, the contractor has changed ownership and is currently operating under the name New Cingular Wireless PCS, LLC. This agreement expires in September of 2017 and is the reason they are requesting a new site lease agreement. This agreement is substantially similar to other site lease agreements currently in effect for other companies. CITY OF CITY HALL Fede l0' Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 m—vw crtyoffederaMoy com SITE LEASE AGREEMENT This Site Lease Agreement ( "Lease ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and New Cingular Wireless PCS, LLC, a Delaware limited liability company ( "Tenant "). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: NEW CINGULAR WIRELESS PCS, LLC: New Cingular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 1- 866 -921 -6959 (telephone) CITY OF FEDERAL WAY: City Attorney's Office 33325 8th Ave. S. Federal Way, WA 98003 -6325 (253) 835 -7000 (telephone) (253) 835 -2569 (facsimile) City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Property "). Tenant desires to lease space on and air space above the Property as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment ") for use in connection with its wireless telephone communications service ( "Service "). As of the Commencement Date, as defined below, this Lease replaces the Site Lease Agreement dated May 28, 2002, and amendments thereto, between the City of Federal Way, Washington, a Municipal Corporation and Cingular Wireless, LLC, a Delaware limited liability company, predecessor to Tenant ( "Prior Lease "). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non - exclusive basis, a portion of the Property as legally described in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B (collectively, the "Premises "). Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence January 1St, 2017 (the "Commencement Date ") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term "), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then - existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its SITE LEASE AGREEMENT - 1 - 7/2015 CITY OF 3332 HALL 3332 wows**.., Federal Way 6 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 w cityoffederahvay com reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least six (6) months prior to expiration of the then current five (5) year term. 3. Rent. a. Commencing on January 1St, 2017 and on the first day of each month thereafter, Tenant shall pay to City as rent Two Thousand Eight Hundred Ninety -Three and 76/100 DOLLARS ($2,893.76) ( "Rent ") per month. Rent for any fractional month at the beginning or at the end of the initial term or Extension Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5 %) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2 %) per month or the highest rate permitted by law. b. The Rent shall be increased by three percent (3 %) per year throughout the Term of this Lease and Renewal Terms (if any). Each three percent (3 %) increase shall become effective January 1St of each calendar year. C. Pursuant to the Prior Lease, Landlord and Tenant acknowledge that Tenant paid to Landlord a security deposit in the amount of Five Thousand and 00 /100 Dollars ($5,000.00) ( "Security Deposit "). Such Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease, within thirty (30) days after the full execution of this Lease, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office, provided that in no event shall such reimbursement amount exceed Five Thousand and No /100 Dollars ($5,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. , 4. Permitted Use of Premises. a. Tenant shall use the Premises for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within fixtures mounted to replacement pole. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, SITE LEASE AGREEMENT - 2 - 7/2015 4W*� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 mm atyoffederatway com authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the Property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the Property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, relocate, change, or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. e. Should Tenant expand the Premises, with written approval of City, Tenant will pay and City will accept as additional Rent under the Lease an amount equal to the then current Rent calculated on a per square foot basis as multiplied by each additional square foot added to the Premises. Upon approval of City, a description and/or depiction of the modified Premises will become part of the Lease. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ( "Redevelopment "), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the Premises caused by cutting, boring, jack hammering, excavation or other work, and including latent SITE LEASE AGREEMENT - 3 - 7/2015 Clry OF CITY HALL rGl Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvvAy damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right -of -way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the Premises shall be to a condition, which is equivalent to or better than the condition of the Premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right -of -way surface shall either include six inches (6 ") of crushed surfacing top course and three inches (Y) of asphalt, class "AB ", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit C with the prior written approval of City, such approval shall not be unreasonably withheld. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24 -hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24- hours -a -day, 7- days -a -week. City retains and reserves the right to access the Premises at all times. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. SITE LEASE AGREEMENT - 4 - 7/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -8325 (253) 835 -7000 mvvv atyoffederahvay corn 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the Property located within a right -of -way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right -of -way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Property by City, lessees, licensees, or other entities authorized by the City with rights to the Property prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co- location of other telecommunications facilities on the Property. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non - payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. by Tenant upon sixty (60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to six (6) months' Rent, at the then - current rate; iii. Upon thirty (30) days written notice by City if Tenant abandons, SITE LEASE AGREEMENT - 5 - 7/2015 CITY OF CITY HALL 8th 401% Feder 8th Avenue South Federal Way Federal Way, WA 98003 -8325 (253) 835 -7000 mvw.cifyofieder€ Avaycom vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vi. Upon thirty (30) days written notice by Tenant of a court decision described in Section 26(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. vii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as rent and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re -entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, SITE LEASE AGREEMENT - 6 - 7/2015 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -8325 (253) 835 -7000 mm.. cityoffederahvay com agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including City, its officers, boards, commissions, employees and agents as additional insureds on required commercial general and auto liability coverage, the following types and limits of insurance: i. Commercial general liability insurance with limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Commercial automobile liability insurance with combined single limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance or qualified self - insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: Tenant shall provide at least thirty (30) days' prior written notice to City of cancellation or non - renewal of any required coverage that is not replaced. f. Deductibles: Any insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers eligible to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Self Insurance: Notwithstanding the forgoing, Tenant may, in its sole discretion, self - insure any of the required insurance under the same terms as required by this Lease. In the event Tenant elects to self - insure its obligation under this Lease to include City as an additional insured, the following conditions apply: (i) City shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) City shall fully cooperate with SITE LEASE AGREEMENT - 7 - 7/2015 CITY OF CRY HALL Sth Federal 1 Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 mi4v cityoffederahvay c ©m Tenant in the defense of the claim, demand, lawsuit, or the like. i. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out -of- pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to City: City of Federal Way, City Attorney 33325 8th Avenue South Federal Way, WA 98003 If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site No. WA6696; Cell Site Name: NE Tacoma (WA) Fixed Asset No. 10032282 575 Morosgo Drive Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC AT &T Legal Department- Network Counsel Re: Cell Site No. WA6696; Cell Site Name: NE Tacoma (WA) Fixed Asset No. 10032282 208 South Akard Street Dallas, TX 75202 -4206 SITE LEASE AGREEMENT - 8 - 7/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -8325 (253) 835 -7000 wv%v cooffederahw7y com 18. Subleasing or Assig ent. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non - Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment, Title and Authority. City represents to Tenant that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; There is legal ingress and egress to the Premises from a right -of -way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the SITE LEASE AGREEMENT - 9 - 7/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 v,mv cityoffederahvay com condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this Lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Rental Stream Offer. If at any time after the date of this Lease, City receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with this Lease ( "Rental Stream Offer "), City shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to City within the ninety (90) day period, City may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Lease. If City attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease until City complies with this Section. 26. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the SITE LEASE AGREEMENT - 10- 7/2015 CITY OF CITY HALL 33325 1� Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvwsv. d4vffederahvay. com Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Agreement substantially in the form of the Attachment 1. Either parry may record this memorandum at any time, in its absolute discretion. 27. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [Signature page to follow] SITE LEASE AGREEMENT - 11 - 7/2015 clry of CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 vmw cityof{ederahvay com CITY OF FEDERAL WAY: ATTEST: Stephanie Courtney, CMC, City Clerk Jim Ferrell, Mayor 333258 th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: J. Ryan Call, City Attorney TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company LOW STATE OF WASHINGTON ) ss. COUNTY OF ) Name Title Address On this day personally appeared before me , to me known to be the , of New Cingular Wireless PCS, a Delaware limited liability company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 (typed/printed name of notary) Notary Public in and for the State of My commission expires 2017. SITE LEASE AGREEMENT - 12 - 7/2015 CITY OF CITY HALL ' ■ Feder 8th Avenue South Ii Federal Way, WA 98003 -6325 (253) 835 -7000 vvmv ci"ffederahvay corm EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 1, Section 19, Township 21 North, Range 4 East W.M., records of King County, Washington, said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 19; THENCE along the North line thereof South 89'00'18" East 335.78 feet; THENCE South 01'35'16" West 42.00 feet to the Southerly margin of the lands described in deed recorded under Recording No. 8501170665, records of King County, Washington, and the true point of beginning; THENCE along said Southerly margin South 89'00'18" East 18.07 feet to the beginning of a curve concave to the Southwest having a radius of 658.00 feet; THENCE Easterly and Southeasterly 700.54 feet along said curve through a central angle of 60'59'59"; THENCE South 28'00'19" East 422.43 feet to the beginning of a non - tangent curve concave to the Southeast having a radius of 897.03 feet (a radial line through said beginning bears North 28'00'19" West); THENCE Southwesterly and Southerly 732.77 feet along said curve through a central angle of 46'48'15" to a radial line of said curve which bears North 74 °48'34" West and South line of said Government Lot 1; THENCE along said South line North 88 °59'20" West 376.79 feet to a line parallel with and distant 335.76 feet Easterly, when measured at right angles, from the West line of said Government lot; THENCE along said parallel line North 01135'16" East 1,273.00 feet to the true point of beginning. Situate in the County of King, State of Washington. SITE LEASE AGREEMENT -13- 7/2015 r w� CITY OF CITY HALL 33325 Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 ,x w utyoffedernfwly com EXHIBIT B SITE LOCATION WITHIN THE PREMISES (See Attached) SITE LEASE AGREEMENT -14- . 7/2015 , 1 KING COUNTY Af DEPT. OF ASSESSMENTS •i -.� -. - 1266.05 s too o f�� A i J L' ly s�o / �v f4 C� 9�! w\t8_2,_. Ha9� O-IBW� s•' I o1'D� N 7 SeU� n a CITY OF ;: Federal Way EXHIBIT C SITE PLAN [Including Location of Equipment Box/Shed] (See Attached) CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253)835 -7000 ,mw crtyoffed,,Wway com SITE LEASE AGREEMENT - 15 - 7/2015 i 0EY �m N � till z <g � a ! I.per�X w yy S T � 3 K t j 3 wwa� t �y� y / '• t 1 l 1 P is i� f i 13 t 1 �\ 7 + �m N � till z <g � a ! I.per�X w yy Li f!I :i4 N O 7 + Ctry OF CITY HALL V:*�%L 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cftyoffederahvey. com ATTACHMENT 1 MEMORANDUM OF LEASE Return to: New Cinsular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 Attn: Network Real Estate Administration MEMORANDUM OF LEASE Grantor Name: City of Federal Way, a Washington municipal corporation Grantee Name: New CinQular Wireless PCS, LLC, a Delaware limited Legal Description: Official legal description attached as Exhibit 1 Assessor's Tax Parcel ID #: Reference Numbers of Prior Recorded Documents: Does not apply Tax Mailing Address: Does not apply True consideration paid: Does not apply Cell Site #: WA6696 Fixed Asset #: 10032282 Cell Site Name: NE Tacoma County: King State: Washington SITE LEASE AGREEMENT -16- 7/2015 CITY OF Federal Way Prepared by and After Recording Return to: New Cingular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 Attn: Network Real Estate Administration Grantor Name: Grantee Name: Legal Description: Cell Site # and Name: State: MEMORANDUM OF LEASE CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvww ci tyoffederal way. com City of Federal Way, a Washington municipal corporation New Cingular Wireless PCS, LLC, a Delaware limited Official legal description attached as Exhibit I WA6696 Fixed Asset #: 10032282 NE Tacoma Washington County: King This Memorandum of Lease ( "Memorandum of Lease ") is entered into on this day of 2017, by and between the City of Federal Way, a Washington municipal corporation, having a mailing address of 33325 8th Ave. S. Federal Way, WA 98003 -6325 ( "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ( "Tenant "). 1. Landlord and Tenant entered into a Site Lease Agreement (the "Lease ") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Lease. 2. The initial term of five (5) years ( "Initial Term ") commenced on January 1, 2017, with three (3) successive five (5) year options to renew. 3 . The Landlord leased to Tenant a certain a portion (the "Premises ") of the property located at 33914 19th Ave. SW, Federal Way, Washington ( "Property ") as described in Exhibit 1 attached and incorporated herein. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of SITE LEASE AGREEMENT -17- 7/2015 CITY OF ,,'�.. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cf"ffederahvay. com a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties have caused this Memorandum of Lease to be effective as of the last date written below. LANDLORD: City of Federal Way, a Washington municipal corporation By: Print Name: Its: Date: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: Print Name: Its: Date: SITE LEASE AGREEMENT -18- 7/2015 CITY OF CITY HALL Federal AIR 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www criyoffederahvey. com EXHIBIT 1 DESCRIPTION OF THE PREMISES The Premises are described and/or depicted as follows: Property Legal Description: Assessor's parcel number: That portion of Government Lot 1, Section 19, Township 21 North, Range 4 East W.M., records of King County, Washington, said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 19; THENCE along the North line thereof South 89'00'18" East 335.78 feet; THENCE South 01'35'16" West 42.00 feet to the Southerly margin of the lands described in deed recorded under Recording No. 8501170665, records of King County, Washington, and the true point of beginning; THENCE along said Southerly margin South 89'00'18" East 18.07 feet to the beginning of a curve concave to the Southwest having a radius of 658.00 feet; THENCE Easterly and Southeasterly 700.54 feet along said curve through a central angle of 60 °59'59 "; THENCE South 28'00'19" East 422.43 feet to the beginning of a non - tangent curve concave to the Southeast having a radius of 897.03 feet (a radial line through said beginning bears North 28'00'19" West); THENCE Southwesterly and Southerly 732.77 feet along said curve through a central angle of 46 °48' 15" to a radial line of said curve which bears North 74 °48'34" West and South line of said Government Lot 1; THENCE along said South line North 88 °59'20" West 376.79 feet to a line parallel with and distant 335.76 feet Easterly, when measured at right angles, from the West line of said Government lot; THENCE along said parallel line North 01 °35' 16" East 1,273.00 feet to the true point of beginning. Situate in the County of King, State of Washington. SITE LEASE AGREEMENT _19- 7/2015