2020-09-01 Council Packet - RegularThe City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
September 1, 2020 – 6:30 p.m.
Notice: Pursuant to Governor Inslee’s Proclamation 20 -28, all in-person meetings are prohibited until further
notice. The Mayor and City Council are providing opportunities for public comment by submitting written
comment or calling into the meeting to provide oral testimony. To access these options please use the
following:
Click Here to Watch Online Live Streaming Video of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 363 503 282
Sign-Up here to give citizen comment during the meeting* (via telephone)
*form should be submitted no later than 2 hours prior to the beginning of the meeting
Click Here to submit written comments to the City Council
Watch from the Zoom mobile app with meeting: 363 503 282 and passcode: 738163
1.CALL MEETING TO ORDER
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
a.Proclamation: “Ukraine Day” in Recognition of the 29th Anniversary of Ukrainian
Independence to Honorary Consul General Valeriy V. Goloborodko
b.Certificate of Recognition to Sandy Sandoval for Outstanding Community Clean-Up
Efforts
c.Proclamation: Constitution Week – September 17-23
d.Proclamation: National Recovery Month – September 2020
e.Update on Request for Proposal (RFP) Process for City Joint Use Operations Facility –
Public Works Director EJ Walsh
f.Mayor’s Emerging Issues and Report
Re-Installation of 320th Flag Pole - Tonight!
City Financial Update – Ade Ariwoola, Finance Director
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
Litter Removal Event – Saturday, September 12
Drive-In Movie Night at the PAEC – Saturday, September 12 (Aladdin 2019)
2021-2022 Biennial Budget Meetings
g.Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Land Use/Transportation Committee (LUTC)
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Lodging Tax Advisory Committee (LTAC)
Regional Committees Report (PIC)
Council President Report
4.CITIZEN COMMENT
Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request
form (found here) prior to the meeting, to provide comments via telephone during the meeting. All
comments are limited to 3 minutes each.
5.CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a.Minutes: Special Meeting July 28, 2020; Regular and Special Meeting August 11, 2020
b.Vouchers – July 2020
c.Monthly Financial Report – July 2020
d.Surplus of Public Works and Park Vehicles
e.Purchase of Tow-Behind Truck Loader – Leaf Vacuum
f.Amendment No. 1 to Goods and Services Agreement for Abatement of Unfit Premises
6.PUBLIC HEARING
a.Second Amendment to the 2019 CDBG Annual Action Plan
Staff Report: Sarah Bridgeford, Community Services Manager
Public Comment – 3 minutes each
Council Discussion
7.COUNCIL BUSINESS
a.Senior Advisory Commission Appointments
b.Parks & Recreation Commission Appointment
c.Arts Commission Appointment
d.Youth Commission Appointments
e.Lease of Old Target Parking Lot to Fred Hutchinson Cancer Research Center
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
8.ORDINANCES
First Reading
a.Council Bill #786/Advanced Travel Expense Fund Ordinance
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ADVANCE TRAVEL EXPENSE FUND; REPEALING FWRC 3.50.050 (Amending
Ordinance Nos. 08-575 and 90-25).
Staff Report: Ade Ariwoola, Finance Director
Citizen Comment – 3 minutes each
Council Discussion
Second Reading/Enactment
b.Council Bill #784/Relating to the Extinguishing of a Certain Operation and
Easement Agreement
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING
FOR THE ACQUISITION OF CERTAIN PROPERTY RIGHTS FOR THE PURPOSE
OF EXTINGUISHING THAT CERTAIN OPERATION AND EASEMENT
AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8612194598,
AS AMENDED UNDER RECORDING NO. 8704071270, AS AMENDED UNDER
RECORDING NO. 20050718000838, AS AMENDED UNDER RECORDING NO.
20101222000936, AND AS AMENDED UNDER RECORDING NO.
20101222000937 (HEREIN “OEA”); DESCRIBING THE PUBLIC USE AND
NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST
REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH
EXTINGUISHMENT RIGHTS; PROVIDING FOR THE CONDEMNATION OF
THE EXTINGUISHMENT RIGHTS; AND DIRECTING THE CITY ATTORNEY OR
DESIGNATED OUTSIDE LEGAL COUNSEL TO INITIATE ALL NECESSARY
ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION IF ATTEMPTS TO PURCHASE SAID
EXTINGUISHMENT RIGHTS ARE NOT SUCCESSFUL.
c.Council Bill #785/ ExteNet Systems LLC - Franchise
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING
EXTENET SYSTEMS LLC, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A
NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY
OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA
FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING,
REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK IN,
ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF
FEDERAL WAY.
9.COUNCIL REPORTS
10.ADJOURNMENT
______________ r;:::__~
COUNCIL MEETING DATE: September 1, 2020 ITEM#: Ju.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY Q UE STION: Should the City Council approve the draft minutes for the July 28, 2020 Special and the
Augus t 11 2 02 0 Regular Q\t-A ~~WO\\ ~e.e."fi'j71
COMMITTEE: NI A
CATEGORY:
lZ! Consent
D City Council Business
D Ordinance
D Resolution
MEETING DATE: NI A
• •
Public Hearing
Other
STAFF REPORT BY: Ste hanie Courtney, City Clerk DEPT: Mayor's Office --------------------
Attachments:
Draft minutes for the July 28, 2020 Special Meeting
Draft minutes for the August 11, 2020 Regular Ci\V\t( Spe(,.1f1\ M ee--h~J
Options Considered:
1. Approve the minutes as presented.
2 . Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: NIA
MAYOR APPROVAL: NIA
---C,--om-m---,-itt-ee __ _
Initial/Date
COMMITTEE RECOMMENDATION: NI A
NIA
NIA
Council
Initial/Date
NIA NIA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -4/20 I 9
COU NCIL BILL#
First reading
Enactment rea ding
ORDINANCE#
RESOLUTION #
CITY COUNCIL
SPECIAL MEETING AGENDA
Remote Meeting
July 28, 2020 -6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely to order at 6:00 p .m.
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Council member Lydia
Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Linda Kachmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. COUNCIL BUSINESS
a. Approval of Grant Criterion for Round 2 of Cares Act Small Business Assistance Grant
Economic Development Director Tim Johnson provided updated information on Round 1
of the Small Business Assistance Grant program . He provided insight and
recommendations for alterations to the eligibility requirements for Round 2.
Councilmembers thanked Mr. Johnson and his team for their hard work on this process
and asked questions regarding the use of additional monies towards rent assistance and
non-profit organizations in Federal Way.
Citizen Comment-No citizen comment was received .
COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE STAFF TO IMPLEMENT
RECOMMENDATION AND TO AUTHORIZE EXPENDITURE OF $1,000,000 FROM THE CITY'S
GENERAL BUDGET AND DIRECT STAFF TO TAKE ALL STEPS NECESSARY TO PROCURE
REIMBURSEMENT THROUGH THE STATE FOR COVID-19 RELATED EXPENDITURE; SECOND
BY COUNCILMEMBER MOORE. The motion carried unanimously as follows:
Council President Honda yes
Councilmember Assefa-Dawson yes
Councilmember Baruso yes
Councilmember Kachmar yes
Federal Way City Council Special Minutes
J uly 28, 2020
Councilmember Koppang
Councilmember Moore
Councilmember Tran
yes
yes
yes
Page 1 of2
Councilmember Koppang noting his last meeting, spoke highly of city staff and extended his
appreciation to all those who are working hard on behalf of the citizens. He believes staff members
care and in these challenging situations, are doing their best and working hard. He again thanked the
Mayor, Council, and other community entities for the great partnerships that all work for a better
Federal Way; he is looking forward to returning and visiting.
Mayor Ferrell and Councilmembers wished Councilmember Koppang well in his new endeavor.
4. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 6:35 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council :
Federal Way City Council Special Minutes
July 28, 2020
Page 2 o/2
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
August 11, 2020 -6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely to order at 6:32 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Martin
Moore, and Councilmember Linda Kachmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATIONS
a. Proclamation: Purple Heart City
Councilmember Kachmar read the proclamation and virtually presented it to Roger
Flygare, Frank Bannister, and Pete Lewis who represent River Valley VFW Post 17 41 . Mr.
Bannister and Mr. Lewis were honored to accept and speak to the proclamation and
acknowledged Mr. Flygare who was unable to connect to the meeting.
b . Mayor's Emerging Issues and Report
City Financial Report
Finance Director Ade Ariwoola provided a brief presentation to update Council on the
city's financial position. He reviewed the updated information as of last month,
including a revision they have made with updated figures including sales tax. He noted
2020 is doing slightly better than the previous year.
Recent Community Events
Mayor Ferrell reported on the public form held virtually on July 29 with the African
American/Black Community and he is looking forward to the next quarterly meeting in
Octobe r. He also rep orted on the 64th Annual Salmon Bake at Steel Lake Park which
was held in a manner consistent with public health distancing guidelines due to
Federal Way City Council Regular Minutes Page 1 o/7
August 11, 2020
COVID-19 . He was pleased the pandemic did not cancel this annual event that
supports a great cause.
Upcoming Events:
Mayor Ferrell shared Drive-In Movie Nights will take place at the Performing Arts and
Event Center (PAEC) on August 15 (Toy Story 4) and September 12 (Aladdin).
August City Council Schedule
Mayor Ferrell reminded Council and citizens the August 18 meeting has been
canceled per Council Rules and to allow for vacation for Council and staff.
Appointment process for Council Vacancy -Position 5
Mayor Ferrell announced the City Council is accepting appointment applications for
the vacant seat #5 through August 28 at 3:00 p.m. Applications can be submitted
via an online form or directly via email to the City Clerk's Office .
c . Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) -Chair
Koch mar noted the last meeting in August was canceled and the next meeting will be
September 8.
Land Use/Transportation Committee (LUTC) -No update given.
Finance, Economic Development Regional Affairs Committee (FEDRAC)-Chair Tran
reported on the July 28 FEDRAC meeting where the Committee reviewed and
approved items on the Consent Agenda tonight and highlighted SeeClickFix noting the
application can be utilized by the community to report issues.
Lodging Tax Advisory Committee (L TAC) -Chair Assefa-Dawson shared the August
12 meeting had been canceled with the next regular meeting scheduled for
Wednesday, September 9 at 10:00 a.m.
Regional Committees Report (PIC) -Councilmember Moore thanked Councilmember
Assefa-Dawson for attending the last meeti ng; the next meeting in August has been
canceled. Councilmember Assefa-Dawson reported on SCA's Racial Equity and
Justice Series and encouraged Councilmembers to attend a Youth Panel on Friday at
2:00 p.m.
Council President Report -Council President Honda spoke regarding the time
requirements of a City Councilmember. She listed the required meetings for Council
and Council Committees and then spoke about regional and community meetings and
outreach. She believes the time commitment is what you decide it is, outside of the
city meetings.
4. CITIZEN COMMENT
Jacq uelin e Doman spoke on agenda item 5h . Her home is located near the slide area and
she does not feel that the proposed work plan is adequate to correct the problem.
Federal Way City Council Regular Minutes
August 11, 2020
Page 2 o/7
Public Works Director, E.J. Walsh, gave an update on the status of the slide area
restoration project.
A lli son Fi ne Taylor thanked the Mayor for holding the Black Community meeting and is looking
forward to the continued efforts . Ms. Taylor also shared her gratitude for the movie nights and
is thankful for the good things the city is doing during this difficult time.
5. CONSENT AGENDA
a. Minutes -July 21, 2020 Regular Meeting
b. Vouchers -June 2020
c. Monthly Financial Report -June 2020
d. Civic Plus -SeeClickFix for Eyes on Federal Way
e. Microsoft Enterprise Agreement
f. Citywide Adaptive Traffic Signal Control-Traffic Control Center-Project Acceptance
g. RESOLUTION : 2021-2023 Solid Waste and Recycling Grant Approvals/APPROVED
RESOLUTION #20-793
h. SW 296th At 14th Slide Restoration Bid Award-pulled and approved separately.
Councilmember Assefa-Dawson pulled item h for further information .
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH G ON THE
CONSENT AGENDA; COUNCILMEMBER KOCHMAR SECOND. The motion passed unanimously
as follows:
Council President Honda
Councilmember Assefa-Oawson
Councilmember Baruso
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
Councilmember Assefa-Dawson asked staff clarifying questions which Public Works Director EJ
Walsh responded .
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF CONSENT ITEM HON THE CONSENT
AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as
follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
6. COUNCIL BUSINESS
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
a. Land Use Transportation Committee Chair Appointment
yes
yes
yes
Council President Honda noted much consideration and many conversations with Council
took place prior to her deciding who to have fill the LUTC Chair position . She is pleased to
appoint Councilmember Baruso as the Land Use/Transportation Committee Chair and
feels his background and personality will make a great fit for this Council Committee.
COUNCILMEMBER KOCHMAR MOVED TO RATIFY COUNCIL PRESIDENT HONDA'S COUNCIL
COMMITTEE APPOINTMENT OF COUNCILMEMBER BARUSO AS A MEMBER AND CHAIR OF
Federal Way City Council Regular Minutes
August 11, 2020
Page 3 o/7
THE LAND USE/TRANSPORTATION COMMITTEE THROUGH 2021; COUNCILMEMBER MOORE
SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
Councilmember Baruso thanked Council for the support and is looking forward to using his
background and knowledge of planning and zoning for this Committee.
b. Edward Bryne Memorial Justice Assistance Grant (JAG) Program for 2018
Police Chief Andy Hwang reported the Police Department is seeking approval to accept
the Department of Justice Assistance Grant (JAG) grant. He noted this grant is
administered by the Seattle Police Department and there is no matching requirement. All
funds must be spent on criminal justice programs only.
COUNCILMEMBER KOCHMAR MOVED TO ACCEPT THE EDWARD BRYNE MEMORIAL
JUSTICE ASSISTANCE JAG GRANT FOR 2018 AND AUTHORIZE THE MAYOR TO EXECUTE
THE NECESSARY DOCUMENTS; COUNCILMEMBER BARUSO SECOND. The motion passed
unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
c. Regency Cleaners Amendment #5 Goods and Services For Police Uniform and Dry
Cleaning
Police Chief Andy Hwang noted the Police Department is currently seeking an extension
to an existing contract through December 31, 2020. The total of the contract over 6-years
is $85,000 and this is not a request for additional funds, simply extension of the term for
uniform cleaning services .
COUNCILMEMBER KOCHMAR MOVED TO APPROVE THE PROPOSED AMENDMENT AND
AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; COUNCILMEMBER BARUSO
SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
7. ORDINANCES
First Reading
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
a. Council Bill #784/Relating to the Extinguishing of a Certain Ope ra tion and
Easement Agreement
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING
FOR THE ACQUISITION OF CERTAIN PROPERTY RIGHTS FOR THE PURPOSE OF
EXTINGUISHING THAT CERTAIN OPERATION AND EASEMENT AGREEMENT
RECORDED UNDER KING COUNTY RECORDING NO. 8612194598, AS AMENDED
UNDER RECORDING NO. 8704071270, AS AMENDED UNDER RECORDING NO.
20050718000838, AS AMENDED UNDER RECORDING NO . 20101222000936, AND
AS AMENDED UNDER RECORDING NO . 20101222000937 (HEREIN "OEA");
DESCRIBING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY;
DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO
PURCHASE SUCH EXTINGUISHMENT RIGHTS; PROVIDING FOR THE
Federal Way City Council Regular Minutes
August I I, 2020
Page 4 o/7
CONDEMNATION OF THE EXTINGUISHMENT RIGHTS; AND DIRECTING THE CITY
ATTORNEY OR DESIGNATED OUTSIDE LEGAL COUNSEL TO INITIATE ALL
NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW
FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE SAID
EXTINGUISHMENT RIGHTS ARE NOT SUCCESSFUL.
City Attorney Ryan Call briefed the Council on the former Target Property {TC3) and
the recorded Operation and Easement Agreement (OEA) between Town Center 3
(TC3) and the neighboring property owned by Hillside Plaza . He noted a similar
operating agreement was extinguished for $300,000 on the former Toys R Us property
(now the site of the Performing Arts and Event Center). The easement was recorded
in 1986 and envisions the property used for large retail use.
The city's appraisal of the value of the OEA for TC3 was $330,000 in 2018 ; the
Hillside property owner countered with $4.3 million. The city will continue to negotiate
in good faith, however if an agreement cannot be reached the city will pay the fair
market value as established by a court.
Mr. Call noted future uses of this property with its close proximity to the light rail station
and downtown amenities, would be ideal for public uses such as a parking structure.
Further exploration of the type of public use will be needed.
Citizen Comment -No comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCIL PRESIDENT HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
SEPTEMBER 1, 2020 CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
b. Council B ill #785/ ExteNet Systems LLC -Franchise
yes
yes
yes
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING
EXTENET SYSTEMS LLC, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A
NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY
OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA
FOR THE PURPOSES OF CONSTRUCTING , MAINTAINING, OPERATING,
REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK IN,
ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF
FEDERAL WAY.
Public Works Deputy Director Desiree Winkler presented information on the request to
grant ExteNet Systems LLC a franchise agreement to install, operate, maintain and
repair telecommunications network consisting of small wireless and wireline facilities
in the city .
Ms. Winkler provided specifics of the agreement including the requirement of a
$50,000 bond. She also noted the insurance is consistent with city standards and the
term is 10-years. As the demand for wireless exponential increases exponentially, it is
the city's obligation to keep up with the demand in technology. The Mayor and Council
Committee agreed on adoption of the proposed ordinance.
Citizen Comment-No comments were received .
Federal Way City Council Regular Minutes
August 11, 2020
Page 5 o/7
Councilmember Assefa-Dawson asked clarifying questions including access of 5G by
other carriers in the city. Ms. Winkler addressed the questions.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
SEPTEMBER 1, 2020 CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOCHMAR SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
yes
yes
yes
Second Reading/Enactment
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
c. Council Bill #782/Amending Title 19.142 FWRC, Flood Damage
Prevention/APPROVED ORDINANCE #20-893
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FLOODPLAIN DEVELOPMENT AND PERMITTING PROCESSES WITHIN THE CITY,
AMENDING FWRC 19.142 (Amending Ordinance Nos. 06-536, 09-593, 09-597, and
18-856).
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
d. Council Bill #783/ Relating to Vaca tion of Rights of Way/APPROVED
ORDINANCE #20-894
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
RIGHT OF WAY VACATIONS; AMENDING FWRC 4.20.120 AND ADDING A NEW
SECTION TO CHAPTER 19.135 FWRC. (Amending Ordinance No 19-107)
City Clerk Stephanie Courtney read the ordinance title into the record .
COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
8. COUNCIL REPORTS
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kachmar
yes
yes
yes
Councilmember Assefa-Dawson congratulated Council member Baruso on his appointment to Chair of
the LUTC; she looks forward to working with him. She attended the Eviction Crisis Webinar where
they discussed the eviction moratorium and stated there are more than 40% of renters at risk who
have not paid rent for multiple months based on nationwide statistics. She will forward information to
Sarah Bridgeford and Tim Johnson to review.
Councilmember Baruso thanked Council President Honda and the Council for their support of his
appointment to Chair of LUTC. He asked for a report on the Virtual Flavor of Federal Way event.
Federal Way City Council Regular Minutes
August 11, 2020
Page 6 of7
Councilmember Tran also congratulated Chair Baruso and is looking forward to working with him
on the Committee . He also noted his daughter is returning to Yale in the next few weeks and is
concerned with the pandemic, but wishes her well on her Master's Program.
Council member Moore congratulated Council member Baruso and looks forward to working together
on the LUTC Committee. He was pleased the Mayor hosted the African American/Black Community
meeting and is looking forward to the next one . He implored the Mayor to create more diverse
community meetings. He would also like to thank Finance Director Ariwoola and IT Director Fichtner
for working with him on a financial dashboard for the city budget.
Councilmember Koch mar reminded citizens to participate in an upcoming shred event at city hall and
also encouraged maintaining a file that lists accounts and associated passwords so that family
members will know where to look if needed . She wished everyone a safe summer month.
Council President Honda thanked Thomas Fichtner, Stephanie Courtney and Jeri-Lynn Clark for their
help managing the multiple zoom meetings for the special meeting and their first virtual executive
session . She reported she recently attended the South County Area Transportation Board Meeting
which has been combined with other regional transportation meetings for the last few months; she is
able to hear transportation and mobility concerns throughout the county. She also attended a King
County Domestic Violence meeting and referenced the ability to text 911.
9. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 8:21 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council :
Federal Way City Council Regular Minutes
August 11, 2020
Page 7 o/7
CITY COUNCIL
SPECIAL MEETING AGENDA
Remote Meeting
August 11, 2020 -4:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely to order at 4:30 p.m .
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Martin
Moore, and Councilmember Linda Kochmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney .
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. COUNCIL BUSINESS
a. Council action to suspend Council Rule 11.4(a) for the duration of the state
prohibition on in-person attendance at City Council meetings in order to allow
attendance of Councilmembers at an executive session by remote means.
COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULE 11.4(a) FOR THE
DURATION OF THE STATE PROHIBITION ON IN-PERSON ATTENDANCE AT CITY COUNCIL
MEETING IN ORDER TO ALLOW ATTENDANCE OF COUNCILMEMBERS AT AN EXECUTIVE
SESSION BY REMOTE MEANS; SECOND BY COUNCILMEMBER MOORE. The motion passed
unanimously as follows:
Council President Honda
Councilmember Assefa-Dawson
Councilmember Baruso
4. EXECUTIVE SESSION
yes
yes
yes
Councilmember Tran
Councilmember Moore
Councilmember Kochmar
yes
yes
yes
At 4:34 p.m. Mayor Ferrell announced the Council would adjourn to Executive Session for the purpose
of discussing a review of the IT Department Security Audit pursuant to RCW 42.30.110(1 )(a)(ii);
Property Acquisition pursuant to RCW 42 .30.110(1)(b); and Potential Litigation pursuant to RCW
42.30.110(1)(i). He noted executive session would take approximately 90 minutes. At 6:00 p.m. Mayor
Ferrell extended the executive session an additional 30 minutes.
Federal Way City Council Special Minutes
August 11, 2020
Page 1 o/2
a. Review of IT Department Security Audit pursuant to RCW 42.30.110(1 )(a)(ii)
b. Property Acquisition pursuant to RCW 42.30.110(1)(b)
c. Potential Litigation pursuant to RCW 42.30.110(1 )(i)
5. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 6:30 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council :
Federal Way City Council Special Minutes
August 11, 2020
Page2 of2
COUNCIL MEETING DATE: September 01, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: Sb
SUBJECT: AP VOUCHERS 07/16/2020 -08/14/2020 AND PAYROLL VOUCHERS 07 /01/2020-07 /31/2020
POLICY QUESTION: Should the City Council approve the AP vouchers in the total amount of $4,299 ,888.85
and payroll vouchers in the total amount of $3,446,214.58?
COMMITTEE: Finance, Economic Development, and Regional Affairs Committee
CATEGORY:
cg\ Consent
D City Council Business
·o Ordinance
D Resolution
MEETING DATE: August 25, 2020
•
•
Public Hearing
Other
STAFF REPORT BY : Ade Ariwoo _la~,_F_i_n_an_c_e_D_ir_e_ct_o_r ________ D_E_P_T_:_F_in_a_n_c_e ______ ~_
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services
rendered, or the labor performed as described herein and that the claims are just and due obligations against the
Cih' of F eral Way, W hington , an am authorized to authenticate and certify said liens.
Finance Director
Attachments: Voucher List
Options Considered:
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: Qz f/, tfr;._ DIRECTOR APPROVAL: f7Cou ~ii 0
COMMITTEE RECOMMENDATION:
I move to forward the vouchers to the September I, 2020 consent agenda for approval.
1:Yan vi 1A-i-t1!ID 9tlE/j fundo1 Viwiom q~ ./
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the vouchers pursuant to RCW 42 .24."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: • APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only )
REVISED -08/1 2/2010
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTION#
City of Federal Way • Accounts Payable Check List
Key Bank Page 1 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
ACCOUNTS PAYABLE-RECREAT $346.00
273329 8/13/2020 SIGHTLIFE, 8/13/2020 08/13/20 $346.00
FWCC-AFFIDAVIT FOR CK#259951
ADVERTISING $491.80
273072 7/31/2020 BUILDERS EXCHANGE OF, 4/7/2020 1065523 $16 .80
PWST-PUBLISH PROJECTS ONLINE
273335 8/13/2020 SOUND PUBLISHING INC, 7/31/2020 2509644 $475 .00
MO-AD ACCT#83733388
AGRICULTURAL SUPPLIES $6,798.74
273101 7/31/2020 EWING IRRIGATION PRODUC7/14/2020 12118440 $5,089.67
PKM-OPER SUPPLIES
273101 7/31/2020 EWING IRRIGATION PRODUC7/2/2020 12032362 $112 .20
SWM-OPER SUPPLIES
273192 7/31/2020 SPORTSMAN'S WAREHOUSE,7/16/2020 210-466074 $37 ,38
SWM-UNIFORM SUPPLIES
273230 7/31/2020 WILBUR-ELLIS COMPANY, 6/3/2020 13557001 $901 .61
PWST-OPER SUPPLIES
273240 8/13/2020 AGRISHOP INC, 7/29/2020 61743/1 $251.92
SWM-EQUIPMENT PARTS & REPAIRS
273262 8/13/2020 EWING IRRIGATION PRODUC7/21/2020 12183743 $197,47
SWM-OPER SUPPLIES
273240 8/13/2020 AGRISHOP INC, 7/21/2020 30141/1 $208.49
SWM-EQUIPMENT PARTS & REPAIRS
ASPHALT & ROAD OIL $625.74
273152 7/31/2020 MILES RESOURCES LLC, 6/30/2020 309234 $318.25
SWM-ASPHALT SUPPLIES
273152 7/31/2020 MILES RESOURCES LLC, 6/30/2020 309388 $307.49
SWM-ASPHALT SUPPLIES
ASSOCIATION DUES $340.35
273216 7/31/2020 WA STATE LABOR & INDUSTR7/15/2020 264271 $134 .10
CHB-ELEVATOR OPERATING CERT L&
273314 8/13/2020 PETTY CASH· Fl, 8/3/2020 033013 $81 .25
SWM-CDLFEE
273278 8/13/2020 INTERNATIONAL CONFERENC8/3/2020 56742 $125 ,00
PD-2020 ICPC DUE D. AUSTIN
AUTOMATION FEE $122.98
273134 7/31/2020 KINUTHIA, JACINTA 7/7/2020 20-101933 $54.98
CD-REFUND CANCELLED PERMIT #20
273178 7/31/2020 QUINTANILLA, MARY 7/7/2020 20-102040 $34 .00
CD-REFUND DUPLICATE PERMIT #20
273057 7/31/2020 ADVANCED ELECTRICAL, TEG/7/2020 20-102273 $34 .00
CD-REFUND TACOMA'S JURISDICTIO
BOOKS, MAPS, & PERIODICALS $592.90
273367 8/13/2020 WEST PUBLISHING CORPOR,'8/4/2020 842830947 $592 .90
MC-SUBSCRIPTION FEE
BUILDING MATERIALS $180.11
273162 7/31/2020 O'REILLY AUTO PARTS, 7/10/2020 3710-403883 $12 .09
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/13/2020 23456 $82 .86
CHB-MAINT SUPPLIES
Key Bank Page 2 of 40
Check No. Date Vendor Invoice Date Invoice Descrietion AmountGL Total
273145 7/31/2020 LOWE'S HIW INC, 7/13/2020 23473 $8.12
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIWINC, 7/14/2020 16630 $45.74
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/23/2020 01750 $20.86
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/23/2020 01769 $10.44
CHB-MAINT SUPPLIES
CELLULAR PHONE AIR TIME $9,167 .19
273066 7/31/2020 AT&T MOBILITY, 7/5/2020 287290386709 $463.10
IT-07/20 DATA CARDS
273203 7/31/2020 T-MOBILE USA INC, 7/13/2020 830401935 $60.07
IT-07/20 CELLULAR SVC
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702738 $433.44
IT-07/20 CELLULAR SVC ACCT#
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702739 $1,937.12
IT/PAEC-07/20 CELLULAR SVC
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702740 $359.52
IT-07/20 CELLULAR SVC ACCT#
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702738 $120 .03
IT-07/20 CELLULAR SVC ACCT#
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702739 $1,937.12
IT/PAEC-07/20 CELLULAR SVC
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702740 $138.39
IT-07/20 CELLULAR SVC ACCT#
273066 7/31/2020 AT&T MOBILITY, 7/5/2020 287290386709 $40 ,04
IT-07/20 DATA CARDS
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702739 $194 .68
IT/PAEC-07/20 CELLULAR SVC
273246 8/13/2020 AT&T MOBILITY LLC, 7/11/2020 287288982773X0719202 $3,483 68
IT-PD -RR CRADLEPOINT ROUTER-
CEMENT $2,556.78
273087 7/31/2020 CORLISS RESOURCES INC, 6/16/2020 259289 $656.70
PWST-CONCRETE SUPPLIES
273087 7/31/2020 CORLISS RESOURCES INC, 6/24/2020 261646 $984 .50
PWST-CONCRETE SUPPLIES
273087 7/31/2020 CORLISS RESOURCES INC, 6/25/2020 261768 $793 ,10
PWST-CONCRETE SUPPLIES
273144 7/31/2020 LLOYD ENTERPRISES INC, 6/25/2020 3319562 $30.00
PWST-TOPSOIL SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/20/2020 02501 $39.52
PWST-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/15/2020 02093 $17 .67
PWST-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/22/2020 02939 $35.29
PWST-MAINT SUPPLIES
CLOTHING AND FOOlWEAR $5,412.00
273050 7/31/2020 911 SUPPLY INC, 7/13/2020 INV-2-3854 $120.99
PD-UNIFORM SUPPLIES
273189 7/31/2020 SOUND UNIFORM/BRATWEARS/25/2020 202006SU189 $590.67
PD-UNIFORM/EQUIPMENT
Key Bank Page 3 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273199 7/31/2020 SYMBOLARTS LLC, 7/10/2020 0354723-IN $1 ,000.47
PD-BADGES
273050 7/31/2020 911 SUPPLY INC, 7/13/2020 INV-2-3862 $10 .99
PD-UNIFORM SUPPLIES
273220 7/31/2020 WALKER, NIKKO 7/22/2020 WALKER 2020 $164 .95
PD-BOOTS RE IMB
273090 7/31/2020 COX, SARAH 7/23/2020 cox 2020 $200,00
PD-BOOTS REIMB
273050 7/31/2020 911 SUPPLY INC, 7/23/2020 INV-2-4067 $27.50
PD-UNIFORM SUPPLIES
273050 7/31/2020 911 SUPPLY INC, 7/23/2020 INV-2-4068 $27 .50
PD-UNIFORM SUPPLIES
273050 7/31 /2020 9 11 SUPPLY INC , 7/23/2020 INV-2-4069 $37.40
PD-UNIFORM SUPPLIES
273136 7/31/2020 L N CURTIS & SONS, 7/13/2020 INV404730 $1,574 .14
PD-UNIFORM SUPPLIES
273188 7/31 /2020 SOUND SAFETY PRODUCTS 17/17/2020 162268/3 $634.41
PWST-SAFETY CLOTHING
273359 8/13/2020 VILMA SIGNS, 7/23/2020 3275 $181 ,50
PWST-UNIFORM SUPPLIES
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $89 .63
PD-2020 CLOTHING ALLOWANCE~
273342 8/13/2020 SYMBOLARTS LLC, 7/31/2020 0355791-IN $148 .51
PD-BADGES
273287 8/13/2020 KLEIN . RICHARD 8/5/2020 KLEIN 2020 $100 ,00
PD-ADV TVL REIMB MOTORCYCLE TR
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $63 .00
PD-2020 BOOT ALLOWANCE~
273234 8/13/2020 911 SUPPLY INC , 7/29/2020 INV-2-4168 $219 .99
PD-UNIFORM SUPPLIES
273333 8/13/2020 SONNEN, JOE 8/5/2020 SONNEN 2020 $220 .35
PKM-UNIFORM REIMB
COMMUNICATIONS $1,833.37
273074 7/31/2020 CENTURYLINK, 7/4/2020 206-Z04-0609 472B $275 .00
IT-07/20 PHONE SERVICES
273074 7/31/2020 CENTURYLINK, 7/4/2020 206-204-0609 4 72B $733 .37
IT-07/20 PHONE SERVICES
273074 7/31/2020 CENTURYLINK, 7/4/2020 206-Z04-0609 472B $825.00
IT-07/20 PHONE SERVICES
COMPUTER HARDWARE/EQUIPMENT $92,222.86
273154 7/31 /2020 MORGAN SOUND, INC , 7/21/2020 MSl103912 $31,578 .76
IT-AG20-077 FW MUNI-COURT VIDE
273246 8/13/2020 AT&T MOBILITY LLC, 7/11/2020 287288982773X0719202 $60,644 .10
IT-PD -RR CRADLEPOINT ROUTER~
CONCEALED PISTOL UC -FBI $371.00
273363 8/13/2020 WA STATE PATROL, 8/5/2020 121000476 $371.00
PD-BACKGROUND CHECKS
CONFERENCE/SEMINAR REGISTRATIC $80.00
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $15 .00
CC-GOOD EGGS BRKFST MTG 2/5
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $15 .00
CC-GOOD EGGS BRKFST MTG 1/8
Key Bank Page 4 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $50.00
PWST-WEBINAR TRAINING
CONSTRUCTION PROJECTS $1,098,693.95
273228 7/31/2020 WESTERN SYSTEMS INC, 6/30/2020 43372-M $9,000.00
PW-AG19-164 CITYWIDE ADAPTIVE
273228 7/31/2020 WESTERN SYSTEMS INC, 6/30/2020 43375-M $857.70
PW-AG19-164 CITYWIDE ADAPTIVE
273176 7/31/2020 PUGET SOUND ENERGY INC, 6/18/2020 400002735191 $9,038.37
PW-TRAFFIC SIGNAL -S DASH POI
273054 7/31/2020 ACTIVE CONSTRUCTION INC, 7/21/2020 AG20-025 #2 $290,070.35
PW-AG20-025 S DASH POINT ROAD
273095 7/31/2020 EMERALD CITY FENCE RENTJS/16/2020 7945 $1,699.50
PKM-FENCE RENTAL
273157 7/31/2020 NATIONAL CONSTRUCTION R7/9/2020 5807940 $93 ,50
PKM-STORAGE CONTAINER
273152 7/31/2020 MILES RESOURCES LLC, 7/1/2020 AG20-053 #2 $719,222.50
PWST-AG20-053 2020 ASPHALT OVE
273108 7/31/2020 FEDERAL WAY SIGN LLC, 7/17/2020 001 $65,480.80
PW-AG20-083 S 348TH ENTRANCES
273275 8/13/2020 HOME DEPOT-DEPT 32-250073/10/2020 8905109 $100 ,00
PKM-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007'3/12/2020 6900015 $227.23
PKM-REPAIR & MAINT SUPPLIES
273309 8/13/2020 NORTHWEST PLAYGROUND, 7/17/2020 46848 $2,640,00
PK/ADM/PL: INSTALLATION
273309 8/13/2020 NORTHWEST PLAYGROUND, 7/17/2020 46848 $264 .00
Sales Tax
CONSULTING CONTRACTS $107,696.16
273092 7/31/2020 OKS ASSOCIATES, 7/8/2020 0074158 $7,529 .83
PW-AG20-004 SW DASHPOINT RD/47
273135 7/31/2020 KPFF INC, KPFF CONSULTING7/8/2020 331055 $47,339.47
PW-AG20-008 PACIFIC HW NON-MOT
273098 7/31/2020 ENVIRONMENTAL SCIENCE, 7/13/2020 156186 $337 ,50
CD-AG19-127 THIRD PARTY WETLAN
273098 7/31/2020 ENVIRONMENTAL SCIENCE, 7/20/2020 156404 $4,492.40
CD-AG19-127 THIRD PARTY WETLAN
273072 7/31/2020 BUILDERS EXCHANGE OF, 2/10/2020 1064875 $138.20
PWST-PUBLISH PROJECTS ONLINE
273161 7/31/2020 OGDEN, MURPHY, WALLACE, 7/14/2020 840695 $770.00
PW-EXTENET FRANCHISE
273310 8/13/2020 OGDEN, MURPHY, WALLACE, 3/31/2020 836332 $700.00
LAW-AG18-150 LEGAL SERVICES-
273310 8/13/2020 OGDEN, MURPHY, WALLACE, 4/23/2020 838275 $840.00
LAW-AG18-150 LEGAL SERVICES-
273284 8/13/2020 KING COUNTY FINANCE DIVIE5/31/2020 105820-105828 $175.09
PW/SWR-RSD FW#105820-105828
273310 8/13/2020 OGDEN, MURPHY, WALLACE, 6/16/2020 839777 $650 .00
LAW-AG18-150 LEGAL SERVICES-
273313 8/13/2020 PARAMETRIX INC, 7/14/2020 20454 $44,558 .07
PWST-CITY CENTER ACCESS AG17-1
273320 8/13/2020 PRIS MA INTERNATIONAL INC, 7/31/2020 39576-E $165,60
PW-WRITTEN WORD TRANSLATION SE
Key Bank Page S of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
COPIER & PRINTER SUPPLIES $3.31
273245 8/13/2020 ARC DOCUMENT SOLUTIONS7/20/2020 2340391 $3 .31
IT-07/20 MPS PLOTTER WORK ORDE
COURT -AUTO THEFT PREVENTION $3,124.99
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $3,124 .99
Fl-06/20 AUTO THEFT PREVENTION
COURT -CRIME VICTIMS $783 .60
273172 7/31/2020 PROSECUTING ATTORNEYS CT/22/2020 07/22/20 $783 .60
Fl-REFUND KC CRIME VICTIMS REM
COURT· DEATH INV ACCT $69.12
273219 7/31/2020 WA STATE-STATE REVENUES ,7/22/2020 JUNE 2020 $69 .12
Fl-06/20 DEATH INVESTIGATIONS
COURT -HWY SAFETY ACT $259.91
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $259.91
Fl-06/20 HIGHWAY SAFETY
COURT· JUDICIAL STABILIZATION TR $19.41
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $19.41
Fl-06/20 JUDICAL STABILIZ TRUS
COURT· PSEA JIS $9,706.19
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $9,706.19
Fl-06/20 PSEA JIS FEES
COURT-SCHOOLSAFETYZONE $6.85
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $6.85
Fl-06/20 SCHOOL ZONE SAFETY
COURT· STATE ACCESS COMM ACCT $101.10
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $101.10
Fl-06/20 ACCESSCOMMACCT
COURT· STATE MULTI TRANS ACCT $101.11
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $101.11
Fl-06/20 MULTI TRANSACCT
COURT· STATE PORTION $23,259.44
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $23 ,259.44
Fl-06/20 STATE PORTION REMIT F
COURT· STATE PSEA 2 $11,902.40
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $11,902.40
Fl-06/20 PSEA COURT FEES #2
COURT -STATE PSEA3 $244.44
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $244.44
Fl-06/20 PSEA COURT FEES #3
COURT. TRAUMA BRAIN INJURY $1,135.87
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $1,135.87
Fl-06/20 BRAIN TRAUMA INJ.
COURT -WSP HIWAY ACCT $392.91
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $392.91
Fl-06/20 WSP HIGHWAY
COURT LAW LIBRARY $6.04
273172 7/31/2020 PROSECUTING ATTORNEYS CT/22/2020 07/22/20 $6 .04
Fl-REFUND KC CRIME VICTIMS REM
COURT-TRAUMA VICTIMS $1,563.00
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $1,563 .00
Fl-06/20 TRAUMA VICTIMS
CUSTODIAL & CLEANING $988.78
Key Bank Page 6 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273250 8/13/2020 CEDAR BUILDING SERVICE IN?/31/2020 50306 $988.78
PKDBC-AG19-170 JANITORIAL &
DEF REV-GEN REC-REC TRAC $5,060.00
273097 7/31/2020 ENG, SHERWIN 7/9/2020 334397 $170 .00
FWCC-REFUND CANCELLED PGM #334
273088 7/31/2020 CORNERSTONE GOSPEL CHL7/10/2020 334409 $260 .00
FWCC-REFUND CANCELLED PGM #334
273069 7/31/2020 BARNES, MICHELLE 7/14/2020 334474 $67,00
FWCC-REFUND CANCELLED PGM #334
273164 7/31/2020 PETERSEN,SUSAN 7/14/2020 334482 $2,885 .00
FWCC-REFUND CANCELLED PGM #334
273198 7/31/2020 SWIFT, RICHARD 7/15/2020 334513 $36 .00
FWCC-REFUND CANCELLED PGM #334
273282 6/13/2020 KELLEIGH, DEAN 8/3/2020 334793 $711 .00
FWCC-REFUND CANCELLED PGM #334
273243 8/13/2020 ANKENMAN. NICHOLAS 8/3/2020 334797 $771.00
FWCC-REFUND CANCELLED PGM #334
273269 8/13/2020 KRUG , CHRISTINE 7/26/2020 G34713 $160.00
FWCC-REFUND CANCELLED PGM #334
DEPOSIT/BONDS PAYABLE-PW $10,757.20
273139 7/31/2020 LANDMARK HOMES, 7/14/2020 13-104442 &16-100755 $10,757 ,20
PW-REFUND PROJECT#13-104442 &
DEPOSITS -RECORDING FEES $52.00
273133 7/31/2020 KING COUNTY RECORDS,ELE?/27/2020 07/27/20 $52.00
Fl-NORTHLAKE POINT LLC RECORDI
ELECTRICAL PERMITS $4,927.49
273208 7/31/2020 UNITY ELECTRIC, 3/12/2020 20-101157 $117.18
CD-REFUND CANCELLED PERMIT #20
273223 7/31/2020 WASHINGTON ELECTRIC LLC?/7/2020 20-102128 &20-102132 $117.18
CD-REFUND CANCELLED JOB #20-10
273151 7/31/2020 MERIDIAN CENTER ELECTRICT/7/2020 20-102205 $54.98
CD-REFUND OVERPAYMENT #20-1022
273057 7/31/2020 ADVANCED ELECTRICAL, TECT/7/2020 20-102273 $120 .62
CD-REFUND TACOMA'S JURISDICTIO
273149 7/31/2020 MARK ADAMS ELECTRIC INC,7/22/2020 18-104016 $4,407.57
CD-REFUND AFFIDAVIT CK#265727
273150 7/31/2020 MASTERCRAFT ELECTRIC INC?/22/2020 20-100785 $54 ,98
CD-REFUND CANCELLED PERMIT #20
273113 7/31/2020 FULLER ELECTRIC, 7/22/2020 20-102656 $54 .98
CD-REFUND CANCELLED PERMIT #20
ELECTRICITY $139,879.36
273176 7/31/2020 PUGET SOUND ENERGY INC, 7/15/2020 220014196398 $11.43
PKM-07/20 2645 S 312TH STELE
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $2,564.84
PKM-S 324TH BLDG A 2004354804
273324 6/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001976 $2,358 .07
PKM-S 324TH BLDG B 2007917706
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/17/2020 220003675349 $6.10
PKM-07/20 726 S 356TH ELECTRIC
273324 6/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $101.66
CHB-31104 26JH AVES HAUGE BO
Key Bank Page 7 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $350 .33
CHB-31104 28TH AVES STLK SHO
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $457.68
CHB-600 S 333RD EVID. BLDG U0
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $10,183 .04
FWCC-876 S 333RD Z003478572
273324 8113/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $27.10
FWCC-876 S 333RD LIGHTS U0962
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $56.62
PKDBC-3200 SW DASH PT ROAD~
273324 8/13/2020 PUGET SOUND ENERGY INC, 5/11/2020 300000009526 $49,731.80
PWTR-05/20 PWTR STR,EETLIGHTS
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/13/2020 300000009526 $24,188.93
PWTR-07/20 PWTR STREETLIGHTS
273324 8/13/2020 PUGET SOUND ENERGY INC, 5/11/2020 300000009526 $15,815.62
PWTR-05/20 PWTR STREETLIGHTS
273344 8/13/2020 TACOMA PUBLIC UTILITIES, 7/13/2020 100826512 $21 .90
PWTR-3/19/20-5/15/20 PUBLIC UT
273324 8113/2020 PUGET SOUND ENERGY INC, 7/13/2020 300000009526 $15,259.15
PWTR-07/20 PWTR STREETLIGHTS
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/16/2020 220023000239 $15 .98
PWTR-07/20 32513 39TH AVES FE
273344 8/13/2020 TACOMA PUBLIC UTILITIES, 7/17/2020 101181223 $12.52
PWTR-6/11/20-7/16/20 1909 SW 3
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/21/2020 220023445202 $21.87
PWTR-07/20 1101 S DASH POINT R
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $622 .85
PKDBC-3200 SW DASH PT ROAD~
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $9,682.14
CHB-33325 8TH AVE 2004537423
273324 8/13/2020 PUGET SOUND ENERGY INC. 7/23/2020 300000001978 $147.14
PKM-31600 PETE VON REICHBAUER
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/17/2020 220018358782 $109.09
PKM-07/20 550 SW CAMPUS DR #Z0
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $1,788.38
PKM-SAC PARK RR FIELD IGHTS Z
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $23.77
PKM-1ST AVE & CAMPUS DR. WINC
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $159 ,75
PKM-2410 S 312TH BEACH RR/CON
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $15.98
PKM-2410 S 312TH STORAGE~
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $101 .64
PKM-2410 S 312TH WOODSHOP~
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $24.10
PKM-2410 S 312TH STLK ST LIGH
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $77.67
PKM-726 S 356TH A093042663
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $140.81
PKM-726 S. 356TH BROOKLAKE B
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $8 ,10
PKM-726 S 356TH BROQKLAKE MOBI
Key Bank Page 8 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273324 8/13/2020 PUGET SOUND ENERGY INC. 7/23/2020 300000001978 $1,109.01
PKM-2645 S 312TH ANX-RR/FIELD
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $20.12
PKM-28156 1/2 24TH HERITGE PA
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $3,606.18
PKM-33914 19TH AVE SAG FIELD
273324 8/13/2020 PUGET SOUND ENERGY INC. 7/23/2020 300000001978 $14.28
PKM-34915 4TH AVE MARKX HOUSE
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $44 ,83
PKM-7TH AVE SW N OF SW 320TH N
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $996 ,88
PKM-21ST AVE LAKOTA RR BLDG &
FIRE DEPARTMENT PERMIT $54,876.26
273190 7/31/2020 SOUTH KING FIRE & RESCUE7/21/2020 2ND QTR 2020 $54,876 .26
CD-2ND QTR 2020 REMIT PERMIT F
FIRST CLASS POSTAGE $1,103.27
273052 7/31/2020 ABC LEGAL SERVICES LLC, 7/24/2020 7399409 , 100&211 08823 $70 .00
LAW/MO-SVC #7399409.100 & 2110
273109 7/31/2020 FEDEX OFFICE, 7/17/2020 7-067-97278 $11.36
IT-MAILING SVC
273168 7/31/2020 PITNEY BOWES PRESORT SV7/4/2020 1015978664 $833 91
Fl-PITNEY BOWES POSTAGE DEPOSI
273168 7/31/2020 PITNEY BOWES PRESORT SV7/4/2020 1015978665 $167 .60
Fl-PITNEY BOWES POSTAGE DEPOSI
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $20.40
MO-POSTAGE
FOOD & BEVERAGE $636.16
273225 7/31/2020 WATER LOGIC USA LLC, 7/2/2020 107077 $356.40
PD-07/20 RENTAL DEFERRED COOLE
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $79 ,94
PD-FOOD FOR DEPT BBQ~
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $36.95
PD-FOOD FOR DEPT BBQ~
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $7 .98
PD-FOOD FOR PRISONER ~
273304 8/13/2020 MOUNTAIN MIST WATER, 7/31/2020 077665 $23.30
PD-WATER ACCT#077665
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $10.75
PD-FOOD FOR PD CRIME SCENE~
273325 8/13/2020 QUENCH, INC, 8/1/2020 INV02574194 $65.90
PARKS/FWCC-DRINKING WATER SERV
273325 8/13/2020 QUENCH, INC, 8/1/2020 I NV0257 4194 $32.95
PARKS/FWCC-DRINKING WATER SERV
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $4.25
MO-CREAMER
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $3 .79
MO-CREAMER
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $3 .98
MO-CREAMER
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $5 .98
MO-CREAMER
Key Bank Page 9 of 40
Check No . Date Vendor Invoice Date Invoice Descrietion AmountGL Total
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $3.99
MO-CREAMER
GASOLINE $29,260.59
273106 7/31/2020 FEDERAL WAY PUBLIC SCH0<6/30/2020 AR13116 $19,826.42
PD-VEHICLE FUEL
273099 7/31/2020 ERNIE'S FUEL STOPS (OBA), 7/15/2020 481283CT $198.66
PD-VEHICLE FUEL
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $20 .00
PD-FUEL FOR DEPT VEHICLE~
273261 8/13/2020 ERNIE'S FUEL STOPS (OBA), 7/31/2020 486649CT $203.32
PD-VEHICLE FUEL
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $46.45
PD-FUEL FOR DEPT VEHICLE-
273265 8/13/2020 FEDERAL WAY PUBLIC SCHO(S/30/2020 AR13115 $8,965.74
FLT-VEHICLE FUEL
HEALTH INSURANCE PREMIUM $2,552.31
273171 7/31/2020 PROCTOR, TONIA 7/16/2020 PROCTOR 2020 $100.00
LAW-DEDUCTIBLE REIMB
273065 7/31/2020 ASSOCIATION OF WA CITIES, 7/23/2020 07/23/2020 $2,252.31
FWCC-07/20 COBRA PREMIUM MEMB
273100 7/31/2020 ETTINGER, ROBERT 7/13/2020 ETTINGER 2020 $200 .00
PKDBC-DEDUCTIBLE REIMB
HOUSEHOLD SUPPLIES $30,327.64
273064 7/31/2020 ARAMARK UNIFORM SERVICE7/1/2020 22553827 $2,500.96
CHB-FACE MASK
273064 7/31/2020 ARAMARK UNIFORM SERVICE7/1/2020 22553828 $2,500 .96
CHB-FACE MASK
273064 7/31/2020 ARAMARK UNIFORM SERVICE7115/2020 22584968 $2,500 ,96
CHB-FACE MASK
273221 7/31/2020 WALTER E NELSON CO., 7/21/2020 767960 $3,978 .08
CHS-JANITORIAL SUPPLIES
273221 7/31/2020 WALTER E NELSON CO., 7/21/2020 767964 $142.43
CHS-JANITORIAL SUPPLIES
273061 7/31/2020 AIRTECH HEATING & COOLINC7/23/2020 8686 $15,822.40
CHB-UV FILTRATION SYSTEM
273221 7/31/2020 WALTER E NELSON CO., 7/2012020 767731 $468.56
PKM-JANITORIAL SUPPLIES
273221 7131/2020 WALTER E NELSON CO, 7/22/2020 768138 $445.41
PKM-JANITORIAL SUPPLIES
273364 8/1312020 WALTER E NELSON CO., 7/30/2020 769447 $136.36
CHS-JANITORIAL SUPPLIES
273364 8/13/2020 WALTER E NELSON CO., 8/5/2020 770138 $762 ,83
CHB-JANITORIAL SUPPLIES
273364 8/1312020 WALTER E NELSON CO., 8/6/2020 770307 $384 .25
CHB-JANITORIAL SUPPLIES
273364 8/13/2020 WALTER E NELSON CO., 8/11/2020 770861 $384 .25
CHS-JANITORIAL SUPPLIES
273364 8/1312020 WALTER E NELSON CO ., 8/10/2020 770690 $237.38
PKM-JANITORIAL SUPPLIES
273364 8/13/2020 WALTER E NELSON CO., 7/28/2020 768960 $62.81
FWCC-JANITORIAL SUPPLIES
INSURANCE-STOP LOSS $56,394.62
Key Bank Page 10 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
830203040 8/3/2020 KAISER FOUNDATION HEALTf8/3/2020 AUG 2020 $50,769 .09
Fl-08/20 ADMIN FEE KAISER HEAL
803203039 8/3/2020 KAISER FOUNDATION HEALTf8/3/2020 AUG 2020 #2 $5,625 .53
Fl-08/20 ADMIN FEE KAISER HEAL
INTEREST-INTERGOVT LOANS $38,108.05
723209530 7/23/2020 THE BANK OF NEW YORK MEl?/23/2020 HUD 108 COLLECTIONS $38,108 .05
CD-SECTION 108 LOAN PRINCIPAL
JAIL CS -KING CO $197 + AG13-015 $7,588.92
273128 7/31/2020 KING COUNTY FINANCE DIVIEllB/2020 3002990 $7,588 .92
PD-06/20 DAJD 0TH CITIES AG13-
JAIL CS -PUYALLUP $95 + AG19-069 $3,594.18
273251 8/13/2020 CITY OF PUYALLUP, 7/31/2020 AR01989 $3,011.34
PD-07/20AG19-069 JAIL SVC !NM
27 3251 8/13/2020 CITY OF PUYALLUP, 6/30/2020 AR01989 $582.84
PD-06/20 AG19-069 JAIL SVC INM
JAIL CS -YAKIM CTY $57.65+ AG19-06I $5,634.56
273372 8/13/2020 YAKIMA COUNTY, 8/10/2020 JULY 2020 $5,634.56
PD-AG19-066 JAIL SVC-INMATE HO
KC HEALTH DEPT-INTERGOVT $6,215.31
273285 8/13/2020 KING COUNTY MENTAL HEALlB/3/2018 2107355 $6,215 .31
CDHS-2TH QTR 2018 LIQUOR FEE
LEASEHOLD TAX $1,243.92
273218 7/31 /2020 WA STATE REVENUE DEPT:Ml7/16/2020 2ND QTR 2020 $462 .24
Fl-2O/20 LEASEHOLD EXC TAX HYL
273218 7/31/2020 WA STATE REVENUE DEPT:Ml7/16/2020 2ND QTR 2020 $269.64
Fl-2O/20 LEASEHOLD EXC TAX HYL
273218 7/31/2020 WA STATE REVENUE DEPT:Ml7/16/2020 2ND QTR 2020 $512 .04
Fl-2O/20 LEASEHOLD EXC TAX HAN
LEGAL NOTICES $2,088.28
273255 8/13/2020 DAILY JOURNAL OF COMMER •7/24/2020 3360104 $327 .60
PWST-NEWSPAPER LEGAL NOTICES
273335 8/13/2020 SOUND PUBLISHING INC, 7/10/2020 FWM902964 $251 ,72
SWR-AD ACCT#83722479
273332 8/13/2020 SOMALI YOUTH & FAMILY CLL4/15/2020 2020 1ST QTR $1 ,250.00
CDHS-AG19-207 SYFC SUPPORT PGM
273336 8/13/2020 SOUND PUBLISHING INC, 6/5/2020 FWM900202 $100 ,20
CD-AD ACCT #83723155
273336 8/13/2020 SOUND PUBLISHING INC, 6/12/2020 FWM900693 $158.76
CD-AD ACCT#83722477
LODGING $718 .30
273319 8/13/2020 PRINCE , DAVID 8/6/2020 PRINCE 2020 $718 .30
PD-ADV TVL REIMB NATIA MTG
MECHANICAL PERMITS $54.98
273223 7/31/2020 WASHINGTON ELECTRIC LLC7/7/2020 20-102128 &20-102132 $54 .98
CD-REFUND CANCELLED JOB #20-10
MEDICAL SERVICES -CLAIMS $504,030.78
717206379 7/17/2020 KAISER FOUNDATION HEALTf7/17/2020 I NVSF0006379 $1,677.39
Fl-07/07/20-07/13/20 KAISER HE
717206404 7/17/2020 KAISER FOUNDATION HEALTf7/17/2020 I NVS F0006404 $136,982.88
Fl-07/07/20-07/13/20 KAISER HE
724206420 7/24/2020 KAISER FOUNDATION HEALTf7/24/2020 INVSF0006420 $553 .21
Fl-07/14/20-07/20/20 KAISER HE
Key Bank Page 11 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
724206441 7/24/2020 KAISER FOUNDATION HEALH7/24/2020 INVSF0006441 $106,158.47
Fl-07/14/20-07/20/20 KAISER HE
801206467 8/1/2020 KAISER FOUNDATION HEALH7/31/2020 INVSF0006467 $1,46118
Fl-07/21/20-07/27/20 KAISER HE
801206491 8/1/2020 KAISER FOUNDATION HEALH7/31/2020 INVSF0006491 $186,763,93
Fl-07/21/20-07/27/20 KAISER HE
807206517 817/2020 KAISER FOUNDATION HEALH8/7/2020 INVSF0006517 $41,164 .50
Fl-07/28/20-07/31/20 KAISER HE
807206538 8/7/2020 KAISER FOUNDATION HEALH8/7/2020 INVSF0006538 $29,269.22
Fl-07/28/20-07/31/20 KAISER HE
MENTAL HEALTH SERVICES $185.62
273128 7/31/2020 KING COUNTY FINANCE DIVIS/8/2020 3002990 $185.62
P0-06/20 DAJD 0TH CITIES AG13-
MILEAGE REIMBURSEMENT $93.62
273315 8/13/2020 PETTY CASH-MC CHANGE FU8/13/2020 033015 $53.82
FW PROBATION -RETRIEVE SCRAM
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $19.67
CC-MILEAGE SCA PIG MTG 2/12
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $20.13
CC-SCA NTWK MTG
MINOR DP EQUIPMENT $53.71
273275 8/13/2020 HOME DEPOT-DEPT 32-25007-1/3/2020 4614267 $6 ,58
IT-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007;2/3/2020 4614268 $22.66
IT-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007-1/5/2020 2620003 $3 ,96
IT-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007-1/13/2020 4512483 $1 .86
IT-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT0 DEPT 32-25007-1/21/2020 6622274 $18.65
IT-REPAIR & MAINT SUPPLIES
MINOR EQUIP-MISC $7,100.94
273189 7/31/2020 SOUND UNIFORM/BRATWEAR?/7/2020 202007SU022 $1,070.74
PD-UNIFORM/EQUIPMENT
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $71.49
PD-HARD DRIVE FOR CIS COMPUTER
273189 7/31/2020 SOUND UNIFORM/BRATWEARG/25/2020 202006SU191 $1,173 .59
PD-UNIFORM/EQUIPMENT
273158 7/31/2020 NETMOTION WIRELESS INC, 7/16/2020 10053607 $1,000.00
IT-COVID19-PD-NETMOTION MOBILI
273158 7/31/2020 NETMOTION WIRELESS INC, 7/16/2020 10053607 $245.21
IT-COVID19-PD-MOBILITY PREMIUM
273158 7/31/2020 NETMOTION WIRELESS INC, 7/16/2020 10053607 $124.52
Sales Tax
273068 7/31/2020 BARCODING INC, OBA VERSll?/20/2020 0000103080 $1,115.42
IT-PD-HONEYWELL 1950G 2D BARCO
273091 7/31/2020 DIETRICH, JON 7/28/2020 DIETRICH 2020 $200.00
PD-EQUIP ALLOW
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $48.00
PD-EQUIPMENT UNIFORM ALLOWANCE
273263 8/13/2020 FASTENAL, 6/26/2020 WAAUB83682 $2,051.97
SWM-MAINT SUPPLIES
Key Bank Page 12 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
MISC PROFESSIONAL SVS-INTERGOV $52,627.39
273128 7/31/2020 KING COUNTY FINANCE DIVlffi/30/2020 11009262 $108 ,70
IT-06/20 NET SVCS AG14-105 CON
273214 7/31/2020 WA STATE AUDITOR'S OFFICE4/9/2020 L135928 $3,166.80
Fl-STATE AUDITOR SERVICES
273213 7/31/2020 WA STATE AUDITOR'S OFFICE7/13/2020 L137475 $28,082.73
Fl-STATE AUDITOR SERVICES
273128 7/31/2020 KING COUNTY FINANCE DIVlffi/30/2020 11009262 $434,80
IT-06/20 NET SVCS AG14-105 CON
273267 8/13/2020 GFOA-GOV'T FINANCE OFFICl?/31/2020 3122 $610,00
Fl-CERT OF ACH REVIEW FEE FY 2
273284 8/13/2020 KING COUNTY FINANCE DIVlffi/30/2020 106341-106346 $1,816.25
PW-RSD FW PJ#106341-106346
273360 8/13/2020 WA STATE DEPT OF TRANSPC6/15/2020 RE-313-ATB00615114 $7,318.73
PW-LA09097R CITYWIDE ADA TRF C
273360 8/13/2020 WA STATE DEPT OF TRANSPCT/15/2020 RE-313-ATB00715149 $51.28
PW-LA09097R CITYWIDE ADA TRF C
273361 8/13/2020 WA STATE DEPT OF TRANSPCT/15/2020 RE 41 JZ0247 L019 $1,801 ,34
PW-PROJECT JZ0247 FEES
273284 8/13/2020 KING COUNTY FINANCE DIVlffi/30/2020 106341-106346 $9,236.76
PW-RSD FW PJ#106341-106346
MISC SERVICES & CHARGES $123,770.76
273211 7/31/2020 VERIZON WIRELESS, 7/12/2020 9858569054 $160 ,04
PD-07/20 WATPA CELLULAR SVC AC
273211 7/31/2020 VERIZON WIRELESS, 7/13/2020 9858702742 $402.57
PD-07/20 CELLULAR SVC ACCT#
273224 7/31/2020 WASTE MANAGEMENT OF W/'7/1/2020 3072719-1055-5 $142.72
CD-06/20 BROOKELAKE WASTE DISP
273166 7/31/2020 PIERCE COUNTY FINANCE DE5/8/2020 Cl-287942 $16,225 ,06
Fl-04/20 WATPA GRANT REIMB
273078 7/31/2020 CITY OF LAKEWOOD, 5/12/2020 PD-01481 $24,109 .25
Fl-04/20 WATPA GRANT REIMB
273076 7/31/2020 CITY OF AUBURN, 5/13/2020 20-034879 $31,390 .06
Fl-04/20 MISCELLANEOUS REIMB
273169 7/31/2020 PORT OF SEATTLE, 5/14/2020 CM-3956 $8,521.13
Fl-3/29/20-4/25/20 AUTO THEFT
273077 7/31/2020 CITY OF BONNEY LAKE, 5/15/2020 04302020 $13,188.05
Fl-04/20 WATPA GRANT AUTO THEF
273079 7/31/2020 CITY OF TACOMA POLICE DEF5/16/2020 0033 $12,365.54
Fl-03/20 WATPA GRANT REIMB
273076 7/31/2020 CITY OF AUBURN, 4/14/2020 20-034770 $2,916 .66
Fl-04/20 GAME FARM PARKADMIN
273156 7/31/2020 MV TOWING LLC, 7/12/2020 17823 $77.00
PD-VEHICLE TOW
273163 7/31/2020 PETEK, PHD, THOMAS C 6/30/2020 10869 $600.00
PD-PSYCHOLOGICAL EVALUATION
273175 7/31/2020 PUBLIC SAFETY TESTING, 7/10/2020 2020-0364 $1,931.00
HR-AG16-017 POLICE OFFICER
273156 7/31/2020 MVTOWING LLC, 7/12/2020 17824 $77 .00
PD-VEHICLE TOW
273197 7/31/2020 SUPERIOR PRESS, 5/5/2020 4176070 $64.35
Fl-DEPOSIT SLIP BOOK
Key Bank Page 13 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273156 7/31/2020 MVTOWING LLC, 51112020 17174 $77,00
PO-VEHICLE TOW
273308 8/13/2020 MV TOWING LLC, 7/30/2020 17849 $77.00
PD-VEHICLE TOW
273362 8/13/2020 WA STATE EMPLOYMENT SECT/17/2020 20-025486-RDU-A5 $13.50
PD-WORK HISTORY E.LAI
273308 8/13/2020 MVTOWING LLC, 7123/2020 17835 $77 .00
PD-VEHICLE TOW
273341 8/13/2020 SUMNER VETERINARY HOSPl6/12l2020 695857 $189 ,00
PD-VETERINARIAN SERVICES
273308 8/13/2020 MV TOWING LLC, 7/24/2020 17683 $77 .00
PD-VEHICLE TOW
273308 8/13/2020 MV TOWING LLC, 7/27/2020 17863 $220 ,00
PD-VEHICLE TOW
273308 8/13/2020 MVTOWING LLC, 7/29/2020 17866 $77 .00
PD-VEHICLE TOW
273326 8/13/2020 REGIONAL TOXICOLOGY SER7l31/2020 61294073120 $363.65
MC-DRUG TESTS
273335 8/13/2020 SOUND PUBLISHING INC, 5/29/2020 2499384 $840.00
SWR-AD ACCT#83733388
273335 8/13/2020 SOUND PUBLISHING INC, 6/5/2020 2499385 $525.00
SWR-AD ACCT#83733388 EMAIL BLA
273308 8/13/2020 MVTOWING LLC, 8/5/2020 18162 $77,00
PD-VEHICLE TOW
273308 8113/2020 MV TOWING LLC, 7128/2020 17978 $77 ,00
PD-VEHICLE TOW
273308 8/13/2020 MV TOWING LLC, 7/28/2020 17979 $77.00
PD-VEHICLE TOW
273308 8/13/2020 MV TOWING LLC, 7/26/2020 17843 $77,00
PD-VEHICLE TOW
273365 8/13/2020 WASHINGTON POLYGRAPH, 7/29/2020 20022 $250 ,00
PO-POLYGRAPH EXAMINATION
273368 8/13/2020 WILD WIEST INTERNATIONAL 17/29/2020 9828 $12.09
PD-RANGE FEE
273264 8/13/2020 FEDERAL WAY INDOOR RANGB/412020 206 $39,60
PD-INDIVIDUAL RANGE USE
273323 8/13/2020 PUBLIC SAFETY TESTING, 7120/2020 2020-0507 $125 ,00
HR-AG16-017 POLICE OFFICER
273279 8/13/2020 IRON MOUNTAIN INFORMATICT/3112020 CWJR250 $1,187.90
PD-STORAGE SVC
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380359 $7,134.59
MC-SECURITY SERVICES AG16-023
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $7 .00
LAW-CERTIFIED JUDGMENT & SENTE
NATURAL GAS $4,521.09
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $55.26
PKDBC-3200 SW DASH PT ROAD-
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $607,94
PKDBC-3200 SW DASH PT ROAD-
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $89,08
PKM-726 S 356TH BROOKLAKE c-
Key Bank Page 14 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $17.43
CHB-31104 28TH AVES HAUGE -
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $54.73
CHB-31104 28TH AVES STLK SHO
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $62 ,83
CHB-600 S 333RD EVID BLDG 000
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/23/2020 300000001978 $3,621.37
FWCC-876 S 333RD GAS 00128924
273324 8/13/2020 PUGET SOUND ENERGY INC, 7/17/2020 220006213759 $12.45
PKM-07/20 726 S 356TH GAS #493
NON GOVT OP SERVICES $18,780.76
273096 7/31/2020 EN POINTE TECHNOLOGIES ~3/20/2020 901199209 $777.12
Sales Tax
273096 7/31/2020 EN POINTE TECHNOLOGIES ~3/20/2020 901199209 $7,771.20
IT-ALL REMOTE DESKTOP S/W-
273143 7/31/2020 LEXISNEXIS, 6/30/2020 3092725964 $434.50
IT/LAW-06/20 WEST LAW SVC
273128 7/31/2020 KING COUNTY FINANCE DIVl~/30/2020 11009262 $543 .50
IT-06/20 NET SVCS AG14-105 CON
273142 7/31/2020 LEXISNEXIS, 5/31/2020 C100412-20200531 $7,315.40
IT-PD LEXISNEXIS DOR DESK OFFI
273142 7/31/2020 LEXISNEXIS, 5/31/2020 C 1 00412-20200531 $731.54
Sales Tax
273297 8/13/2020 LEXISNEXIS, 7/31/2020 3092749532 $434 .50
IT/LAW-07/20 WEST LAW SVC
273276 8/13/2020 INRO CONSULTANTS INC, 8/1/2020 E0317 $773.00
IT/PW EMME TRAFFIC SOFTWARE-
OFFICE SUPPLIES $1,375.23
273083 7/31/2020 COMPLETE OFFICE, 7/15/2020 1978266-0 $82.93
Fl-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE. 7/16/2020 1978266-1 $18 ,78
Fl-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE. 7/6/2020 1975764-0 $31.30
PW/SWM/SWR-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/6/2020 1975764-0 $39.13
PW/SWM/SWR-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE. 7/6/2020 1975764-0 $23.47
PW/SWM/SWR-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/16/2020 1978827-0 $6.61
CD-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE. 7/6/2020 1975764-0 $23.47
PW/SWM/SWR-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/6/2020 1975764-0 $31.31
PW/SWM/SWR-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/14/2020 1977806-0 $75 ,56
PD-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/6/2020 1975764-0 $7.82
PW/SWM/SWR-OFFICE SUPPLIES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $52 ,79
PWST-DISINFECTENT CLEANERS
273314 8/13/2020 PETTY CASH· Fl, 8/3/2020 033013 $76.99
PWTR-HP 94X BLACK TONER
Key Bank Page 15 of 40
Check No. Date Vendor Invoice Date Invoice Descrietion AmountGL Total
273253 8/13/2020 COMPLETE OFFICE, 7/28/2020 1981169-0 $23.72
CD-OFFICE SUPPLIES
273253 8/13/2020 COMPLETE OFFICE, 7/20/2020 1979355-0 $51.74
PW-OFFICE SUPPLIES
273253 8/13/2020 COMPLETE OFFICE, 8/3/2020 1982593-0 $60 ,21
MC-OFFICE SUPPLIES
273253 8/13/2020 COMPLETE OFFICE, 8/10/2020 1984260-0 $32.86
MC-OFFICE SUPPLIES
273315 8/13/2020 PETTY CASH-MC CHANGE FU8/13/2020 033015 $21 .98
FWMC -COVID19 CLOTH MASKS FOR
273253 8/13/2020 COMPLETE OFFICE, 7/29/2020 1981496-0 $330.34
PKM-PEST CONTROL
273339 8/13/2020 STAPLES BUSINESS ADVANTf7/31/2020 3452678560 $36 .75
PD-OFFICE SUPPLIES
273339 8/13/2020 STAPLES BUSINESS ADVANTf7/31/2020 345267864 $154 .53
PD-OFFICE SUPPLIES
273253 8/13/2020 COMPLETE OFFICE, 7/20/2020 1979355-0 $29.09
PW-OFFICE SUPPLIES
273339 8/13/2020 STAPLES BUSINESS ADVANTf7/31/2020 3452678567 $131.25
PD-OFFICE SUPPLIES
273339 8/13/2020 STAPLES BUSINESS ADVANTf7/31/2020 3452678568 $20.09
PD-OFFICE SUPPLIES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $12 .51
Fl-HAND SANITIZER
OPERATING RENTALS/LEASES $7,039.80
273116 7/31/2020 HAROLD LEMAY ENTERPRISE?/1/2020 4664623 $30.60
HRCK-SHREDDING SVC
273116 7/31/2020 HAROLD LEMAY ENTERPRISE?/1/2020 4664624 $17.70
HRCK-SHREDDING SVC
273116 7/31/2020 HAROLD LEMAY ENTERPRISE?/1/2020 4664642 $75.00
HRCK-SHREDDING SVC
273349 8/13/2020 THE HUMANE SOCIETY FOR, 7/31/2020 IVC0002238 $566.50
PD-AG19-094AGR FOR SHELTER &
273349 8/13/2020 THE HUMANE SOCIETY FOR, 8/1/2020 IVC0002235 $6,350.00
PD-AG19-094 AGR FOR SHELTER &
OTHER DEPT. CLAIMS GL/PL $3,292.50
273111 7/31/2020 FLOYD, PFLUEGER & RINGERS/3/2020 59902 $2,632.50
LAW-LEGAL SVCS AG13-033~
273111 7/31/2020 FLOYD, PFLUEGER & RINGER?/7/2020 60233 $660.00
LAW-LEGAL SVCS AG13-033~
OTHER MISC REVENUE $275.04
717203485 7/17/2020 WA STATE REVENUE DEPART?/17/2020 601-223-5385 $291.65
Fl-06/20 REMIT SALES TAX
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $220 .00
Fl-06/20 REMIT SALES TAX
717203485 7/17/2020 WA STATE REVENUE DEPART?/17/2020 601-223-5385 $-0.01
Fl-06/20 REMIT SALES TAX
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $-236.60
Fl-06/20 REMIT SALES TAX FWCC
OTHER MISCELLANEOUS REVENUE $2,906.31
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $2,906.31
Fl-06/20 REMIT SALES TAX DBC
Key Bank Page 16 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountG L Total
OTHER OPERATING SUPPLIES $24,135.12
273102 7/31 /2020 EXCEL SUPPLY COMPANY, IN<S/23/2020 123189 $132 .20
$WM-SAFETY SUPPLIES
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $8.40
PD-FOOD FOR PRISONER TRANSPORT
273165 7/31 /2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $11 .97
PD-FOOD FOR PRISONER TRANSPORT
273114 7/31/2020 GOODYEAR TIRE & SERVICE 6/20/2020 195-1154144 $519 .82
FLT-MAINT PARTS
273145 7/31/2020 LOWE'S HIW INC, 7/14/2020 02839 $35.40
PKDBC-MAINT SUPPLIES
273115 7/31/2020 GRAINGER INC, 7/9/2020 9584274287 $27 .72
CHS-FACILITY MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/17/2020 16926 $-36 .58
CHS-RETURN CREDIT
273145 7/31/2020 LOWE'S HIWINC, 7/17/2020 18764 $-36 ,58
CHS-RETURN CREDIT
273145 7/31/2020 LOWE'S HIW INC, 7/17/2020 18765 $39,70
CHS-RETURN CREDIT
273145 7/31/2020 LOWE'S HIW INC, 7/17/2020 23800 $36 .58
CHB-MAINT SUPPLIES
273119 7/31 /2020 HOME DEPOT-DEPT 32-25007:S/29/2020 8614441 $15 ,06
IT-REPAIR & MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32 -250076/26/2020 0510906 $8.49
IT-REPAIR & MAINT SUPPLIES
273183 7/31/2020 SAN DIEGO POLICE EQUIPMES/20/2020 643164 $1,558 .86
PD-POLICE AMMUNITION SUPPLIES-
273206 7/31 /2020 TRI-TECH FORENSICS INC , 6/30/2020 283544 $647 .50
PD-OPER SUPPLIES
273206 7/31 /2020 TRI-TECH FORENSICS INC , 7/1/2020 283775 $814 ,50
PD-OPER SUPPLIES
273195 7/31/2020 STOP STICK LTD .. 7/2/2020 0017972-IN $3,149.31
PD-RACK KIT
273183 7/31/2020 SAN DIEGO POLICE EQU I PME?/7/2020 643334 $7 ,533.60
PD-POLICE AMMUNITION SUPPLIES-
273183 7/31/2020 SAN DIEGO POLICE EQUIPME?/7/2020 643334 $753 ,36
Sales Tax
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $38.15
PD-MEDICAL KIT PATROL SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 6/15/2020 01734 $139 ,91
PWST-MAINT SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/8/2020 1976408-0 $23 .07
MO-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/8/2020 1976565-0 $23 .09
MO-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE , 7/17/2020 1978881-0 $92 .76
MO-OFFICE SUPPLIES
273083 7/31/2020 COMPLETE OFFICE, 7/23/2020 1980202-0 $427,79
LAW/MO-SVC #7399409.100 & 2110
273145 7/31/2020 LOWE'S HIW INC, 5/19/2020 03191 $28 .18
PWST-MAINT SUPPLIES
Key Bank Page 17 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273093 7/31/2020 EAGLE GRAPHICS INC, 6/4/2020 488955 $650.82
PWST-OPER SUPPLIES
273102 7/31/2020 EXCEL SUPPLY COMPANY, INC7/20/2020 123847 $303.60
PWST-SAFETY SUPPLIES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $53 .86
SWR-PHOTS FOR WORKSHOP FLYERS
273253 8/13/2020 COMPLETE OFFICE, 7/31/2020 1982283-0 $32 .75
MO-OFFICE SUPPLIES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $54.97
MO-FRAMES/SCREWS
273312 8/13/2020 O'REILLY AUTO PARTS, 7/24/2IJ20 3710-406829 $36.25
PWST-MAINT PARTS
273300 8/13/2020 LOWE'S HIWINC, 7/25/2020 01238 $23.66
PWST-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/30/2020 02212 $98.13
PWST-MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 8/5/2020 125550 $12 ,30
PWST-SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/13/2020 01438 $40.69
PWST-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/22/2020 01480 $162.89
PWST-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/22/2020 01573 $9.37
PWST-MAINT SUPPLIES
273240 8/13/2020 AGRISHOP INC, 7/22/2020 61637/1 $131 .98
PWST-EQUIPMENT PARTS & REPAIRS
273262 8/13/2020 EWING IRRIGATION PRODUC7/23/2020 12204707 $231.77
PWST-OPER SUPPLIES
273339 8/13/2020 STAPLES BUSINESS ADVANTn/31/2020 3452678562 $31 .28
PD-OFFICE SUPPLIES
273339 8/13/2020 STAPLES BUSINESS ADVANTf7/31/2020 3452678565 $11.53
PD-OFFICE SUPPLIES
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $40.70
PD-REUSABLE MASKS FOR COVID -
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $25.23
PD-EQUIPMENT SUPPLIES FOR-
273269 8/13/2020 GRAINGER INC, 7/31/2020 9607171981 $49 .01
CHS-FACILITY MAINT SUPPLIES
273269 8/13/2020 GRAINGER INC, 7/31/2020 9607179034 $32.30
CHS-FACILITY MAINT SUPPLIES
273296 8/13/2020 LES SCHWAB TIRE CTRS OF 14/29/2020 37800467523 $145.64
FLT-REPAIR PARTS
273272 8/13/2020 HAYWARD TURNSTILES INC, 7/28/2020 2951 $4,666.40
PARKS-HAYWARD TURNSTILES-FWCC
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:3/10/2020 8032653 $383 ,82
SWM-REPAIR & MAINT SUPPLIES
273284 8/13/2020 KING COUNTY FINANCE DIVl~/9/2020 2123993 $869.48
SWM-MATERIALS & SUPPLIES 12000
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $44.43
PWTR-ROAD TUBES
OTHER TRAVEL EXPENSE $15.00
Key Bank Page 18 of 40
Check No. Da te Vendor Invoice Date Invoice Descrietion AmountGL Total
273314 8/13/2020 PETTY CASH -Fl , 8/3/2020 033013 $15 .00
CC-GOOD EGGS BRKFS MTG 2/5
PD -CLAIMS AUTO $11,748.89
273121 7/31/2020 J&J AUTOBODY, 6/1/2020 28923 $5,430.43
LAW-RM-PD6174 PIT DAMAGE; RM-P
273153 7/31/2020 MONARCH COLLISION CENTES/22/2020 1249 $1,932.48
LAW-RM-PD6441 VS ROCK; RM-PD;
273200 7/31 /2020 SYSTEMS FOR PUBLIC SAFEl?/1/2020 37766 $2,101.42
LAW-RM PD 6174 PIT; RM-PD ; RSK
273140 7/31/2020 LARSEN SIGN CO ., 7/2/2020 27253 $423 .12
LAW-RM-PD 6174 PIT; RM-PD ; RSK
273140 7/3 1/2020 LARSEN SIGN CO ., 7/7/2020 27270 $175 .84
LAW-RM PD6441 VS ROCK; RM-PD;
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFEl?/20/2020 37126 $1,114.21
LAW-RM-PD 6551 TOTAL; RM-PD RS
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFEl?/20/2020 37892 $571.39
LAW-RM-PD 6133 HAYNE; RM-PD
PD -CLAIMS GUPL $782.35
273185 7/31 /2020 SEAMARK LAW GROUP PLLC,7/3/2020 327 $289 .75
RM-AG20-010 LEGAL SERVICES-
273111 7/31/2020 FLOYD, PFLUEGER & RINGER?/7/2020 60230 $492 .60
LAW-LEGAL SVCS AG13-033-
PER DIEM MEALS $1,105.00
273181 7/31/2020 RODRIGUEZ , JOSEPH 7/16/2020 RODRIGUEZ 2020 $315 00
PD-ADV TVL REIMB SWAT BASIC
273249 8/13/2020 CABRERA, CHRISTOPHER 8/5/2020 CABRERA 2020 $100 .00
PD-ADV TVL REIMB MOTORCYCLE TR
273307 8/13/2020 MUNDELL, JEFFERY 8/5/2020 MUNDELL 2020 $100 .00
PD-ADV TVL REIMB MOTORCYCLE TR
27 3244 8/13/2020 ANTHOLT, JUSTIN 8/6 /2020 ANTHOLT 2020 $265 ,00
PD-ADV TVL REIMB NATIA MTG
273319 8/13/2020 PRINCE , DAVID 8/6/2020 PRINCE 2020 $265.00
PD-ADV TVL REIMB NATIA MTG
273316 8/13/2020 PETTY CASH-POLICE DEPT, 8/11/2020 033020 $60 .00
PD-ADDITIONAL PER DIEM-
PLUMBING PERMITS $206.58
273178 7/31/2020 QUINTANILLA, MARY 7/7/2020 20-102040 $68 .72
CD-REFUND DUPLICATE PERMIT #20
273117 7/31/2020 HARTS SERVICES , 7/22/2020 20-102795 $137.86
CD-REFUND CANCELLED PERMIT #20
POSTAGE/DELIVERY SERVICES $990.36
273168 7/31 /2020 PITNEY BOWES PRESORT SV?/4/2020 1015978664 $198.55
Fl-PITNEY BOWES POSTAGE DEPOSI
273168 7/31/2020 PITNEY BOWES PRESORT SV?/4/2020 1015978665 $39 .91
Fl-PITNEY BOWES POSTAGE DEPOSI
273207 7/31/2020 UN ITED PARCEL SERV ICE, 7/4/2020 0000F6588V270 $21 .64
PD-DOCUMENT DELIVERY SERVICE
273207 7/31/2020 UNITED PARCEL SERVICE, 7/11/2020 0000F6588V280 $38 .78
PD-DOCUMENT DELIVERY SERVICE
273168 7/31/2020 PITNEY BOWES PRESORT SV?/4/2020 1015978664 $291.21
Fl-PITNEY BOWES POSTAGE DEPOSI
Key Bank Page 19 of 40
Check No Date Vendor Invoice Date In voice Description AmountGL Total
273168 7/31/2020 PITNEY BOWES PRESORT SV?/4/2020 1015978665 $58.52
Fl-PITNEY BOWES POSTAGE DEPOSI
273052 7/31/2020 ABC LEGAL SERVICES LLC, 6/24/2020 7260584.100 $64 ,75
LAW-MNTHLY SRV CHRG; INV# 726
273052 713112020 ABC LEGAL SERVICES LLC, 7124/2020 7399409 .100&211 08823 $64 ,75
LAW/MO-SVC #7399409 100 & 2110
273052 7/31/2020 ABC LEGAL SERVICES LLC, 6/2412020 7260584.100 $64.75
LAW-MNTHLY SRV CHRG; INV# 726
273052 7/31/2020 ABC LEGAL SERVICES LLC, 7/24/2020 7399409.100&21108823 $64.75
LAW/MO-SVC #7399409.100 & 2110
273266 8113/2020 FEDEX OFFICE, 7/24/2020 7-074-51093 $7.94
IT-MAILING SVC
273354 8/13/2020 UNITED PARCEL SERVICE, 7125/2020 000OF6588V300 $55.47
PD-DOCUMENT DELIVERY SERVICE
273354 8/13/2020 UNITED PARCEL SERVICE, 7/18/2020 0000F6588V290 $19 .34
PD-DOCUMENT DELIVERY SERVICE
PRESCRIPTION SERVICES -CLAIMS $56,991.70
717206379 7/17/2020 KAISER FOUNDATION HEALH7/17/2020 INVSF0006379 $662.02
Fl-07107/20-07/13/20 KAISER HE
717206404 7117/2020 KAISER FOUNDATION HEALH7/17/2020 INVSF0006404 $12,413.84
Fl-07/07/20-07/13l20 KAISER HE
724206420 7124/2020 KAISER FOUNDATION HEALH7l24/2020 INVSF0006420 $26,076.57
Fl-07/14/20-07120l20 KAISER HE
724206441 7124/2020 KAISER FOUNDATION HEALH7/24/2020 I NVS F0006441 $7,342.97
Fl-07/14/20-07/20/20 KAISER HE
801206467 8/1/2020 KAISER FOUNDATION HEALH7l31l2020 INVSF0006467 $3,219 .90
Fl-07/21/20-07/27l20 KAISER HE
801206491 8/112020 KAISER FOUNDATION HEALH7/31/2020 INVSF0006491 $7,276.40
Fl-07/21/20-07/27/20 KAISER HE
PRINCIPAL $159,000.00
723209530 7123/2020 THE BANK OF NEW YORK MEl?/23/2020 HUD 108 COLLECTIONS $159,000 ,00
CD-SECTION 108 LOAN PRINCIPAL
PRINTING/PHOTO SERVICES $1,639.36
273137 7/31/2020 LACY & PAR INC, 7/2/2020 77863 $358.20
SWM-PAINTING SVC
273125 7/31/2020 JOHNSON-COX COMPANY, 5/11/2020 00074994 $497 ,20
HR-ENVELOPES
273125 7131/2020 JOHNSON-COX COMPANY, 5/1112020 00074995 $616.00
HR-ENVELOPES
273197 7/31/2020 SUPERIOR PRESS, 7/20/2020 4206603 $167.96
Fl-DEPOSIT SLIP BOOK
PROFESSIONAL SERVICES $655,970.45
273173 7131/2020 PROTECT YOUTH SPORTS, 6/30/2020 803864 $70.00
HR/PARKS-BACKGROUND CHECKS
273055 7/31/2020 ADURO, INC, SUITE 100 6/30/2020 INV1819 $1,738.64
HR-AG19-209 WELLNESS PGM-
273215 7131/2020 WA STATE DEPT OF ENTERPF?/14/2020 84121597 $617.50
HR-SELF INSURANCE FEE
273231 7/31/2020 WSP USA INC, 7/6/2020 972270 $3,631 .20
PW-AG20-060 ON-CALL CONST INSP
273209 7/3112020 USIC HOLDINGS INC, 6/30/2020 388551 $2,571.53
PWTR/SWM-AG19-078 UGO ULT LOCA
Key Bank Page 20 of 40
Check No, Date Vendor Invoice Date Invoice Description AmountGL Total
273129 7/31/2020 KING COUNTY RECORDS ,ELE6/17/2020 06/17/20 $117 .50
CD-DEED OF TRUST-MSCNILLA CA
273130 7/31/2020 KING COUNTY RECORDS,ELE7/20/2020 06/17/20 $117 50
CD-DEED OF TRUST-MEDANI
273132 7/31/2020 KING COUNTY RECORDS,ELE7/21/2020 06/17/20 $107 .50
CD-AFFORDABLE HOUSING COVENANT
273131 7/31/2020 KING COUNTY RECORDS,ELE7/21/2020 07/21/20 $117 .50
CD-DEED OF TRUST-TAMAYO
273148 7/31/2020 MADRONA LAW GROUP PLLC3/3/2020 10117 $1,490 .00
LAW-AG19-245 LEGAL SERVICES~
273161 7/31/2020 OGDEN, MURPHY, WALLACE, 6/26/2020 840180 $1,540 .00
LAW-AG18-150 LEGAL SERVICES~
273148 7/31/2020 MADRONA LAW GROUP PLLC7 /1/2020 10278 $1,022 .00
LAW-AG19-245 LEGAL SERVICES~
273161 7/31/2020 OGDEN, MURPHY, WALLACE, 717/2020 841116 $2,233.00
LAW-AG18-150 LEGAL SERVICES~
273161 7/31/2020 OGDEN , MURPHY, WALLACE, 7/24/2020 841110 $1,190 ,00
LAW-AG18-150 LEGAL SERVICES~
273124 7/31/2020 JIMENEZ PRODUCTIONS, DA\,7/14/2020 JIMENEZ 07-2020 $450 00
SWM-VIDEO SVC WHWP
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379301 $300.00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379310 $175.00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379644 $300.00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379684 $175.00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379337 $175 .00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379338 $175.00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379382 $175 .00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379383 $175 ,00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379599 $175 .00
PKM-SECURITY SERVICES AG17-061
273167 7/31/2020 PIERCE COUNTY SECURITY 117/1/2020 379621 $175 .00
PKM-SECURITY SERVICES AG17-061
273063 7/31/2020 AMERICAN TRAFFIC SOLUTICS/31/2020 INV00031218 $28 ,500 .00
PD-05/20 RED LIGHT PHOTO AG#15
273063 7/31/2020 AMERICAN TRAFFIC SOLUTICS/30/2020 INV00031390 $28,500.00
PD-06/20 RED LIGHT PHOTO AG#15
273124 7/31/2020 JIMENEZ PRODUCTIONS, DA'v7/6/2020 JIMENEZ 07/06/20 $72 .50
CC-7/6/2020 LUTC MTG
273124 7/31/2020 JIMENEZ PRODUCTIONS, DA\;7/14/2020 JIMENEZ 07/14/20 $29 .00
CC-07/14/2020 PRHSPS MTG
273196 7/31/2020 SUMMIT LAW GROUP, 7/17/2020 114824 $960 ,00
HR-AG19-235 LEGAL SVC TEAMSTER
273089 7/31/2020 CORRECTIONS SOFTWARE, $/1/2020 48286 $500 ,00
MC-06/20 PROBATION COMPUTER SY
Key Bank Page 21 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273084 7/31/2020 CONSEJO COUNSELING &, 7/8/2020 2020 2ND QTR $2,500 .50
CDHS-AG19-100 DOM VIOLADVOCAC
273232 7/31/2020 YWCA SEATTLE-KING COUNl?/8/2020 2020 2ND QTR $1,250.00
CDHS-AG19-083 DOMESTIC VIOLENC
273104 7/31/2020 FEDERAL WAY BOYS & GIRLS7/9/2020 2020 2ND QTR $1,500.00
CDHS-AG19-118 BG CLUB & EX3 TE
273126 7/31/2020 KENT YOUTH & FAMILY SERVl7/9/2020 2020 2ND QTR $2,000.00
CD/CS-AG19-049 BEHAVIORAL HEAL
273155 7/31/2020 MULTI-SERVICE CENTER, 7/10/2020 2020 2ND QTR $2,879.81
CD/CS-AG19-059 INFANT FEEDING
273082 7/31/2020 COMMUNITIES IN SCHOOLS, 7/15/2020 2020 2ND QTR $2,250.00
CDHS-AG19-101 MENTORING PGM~
273082 7/31/2020 COMMUNITIES IN SCHOOLS, 7/16/2020 2020 2ND QTR $2,250.00
CDHS-AG19-102 SCH OUTREACH COO
273105 7/31/2020 FEDERAL WAY COMMUNITY, 7/16/2020 2020 2ND QTR $5,250.00
CD/CS-AG19-041 RENT ASST & EMR
273232 7/31/2020 YWCA SEATTLE-KING COUNl?/17/2020 2020 2ND QTR $1,250 .00
CDHS-AG19-082 C DOMESTIC VIOLE
273155 7/31/2020 MULTI-SERVICE CENTER, 7/17/2020 2020 2ND QTR $7,500 .00
CD/CS-AG19-058 FOOD & CLOTHING
273071 7/31/2020 BIRTH TO THREE DEVELOPM17/10/2020 2020 2ND QTR $4,750.00
CDHS-AG19-129 FAMILY SVC PGM~
273179 7/31/2020 REFUGEE WOMEN'S ALLIANC7/13/2020 2020 2ND QTR $1, 155,23
CDHS-AG19-242 BASIC NEEDS PGM~
273107 7/31/2020 FEDERAL WAY SENIOR CENTl?/13/2020 2ND QTR 2020 $7,000.00
CD/CS-AG19-048 SENIOR NUTRITIO
273174 7/31/2020 PUBLIC HEALTH -SEATTLE N7/15/2020 2020 2ND QTR $2,000 .00
CDHS-AG19-076 SKC MOBILE MEDIC
273177 7/31/2020 PUGET SOUND TRAINING CEt7/15/2020 2020 2ND QTR $1,500 .00
CD/CS-AG19-057 SELF-SUF ADULT
273201 7/31/2020 THE WASHINGTON POISON C7/15/2020 2020 2ND QTR $1,250 00
CD/CS-AG19-056 EMERGENCY SERVI
273120 7/31/2020 INTERCOM LANGUAGE SVCS7/4/2020 20-342 $838 ,76
MC-INTERPRETER SVC
273120 7/31/2020 INTERCOM LANGUAGE SVCS7/11/2020 20-359 $2,765 .26
MC-INTERPRETER SVC
273127 7/31/2020 KIM, CHUL JOON 7/14/2020 07/14/20 $110 ,00
MC-INTERPRETER SVC
273120 7/31/2020 INTERCOM LANGUAGE SVCS7/18/2020 20-367 $1,713.75
MC-INTERPRETER SVC
273127 7/31/2020 KIM, CHUL JOON 7/21/2020 07/21/20 $110 .00
MC-INTERPRETER SVC
273182 7/31/2020 SAFAROVA-DOWNEY, ALMIRA7/21/2020 07/21/20 $121 ,00
MC-INTERPRETER SVC
273120 7/31/2020 INTERCOM LANGUAGE SVCS7/24/2020 20-377 $1 ,073 ,63
MC-INTERPRETER SVC
273184 7/31/2020 SANDAG, TSELMUUN Z 7/28/2020 07/28/20 $151 .25
MC-INTERPRETER SVC
273124 7/31/2020 JIMENEZ PRODUCTIONS, DA'v?/7/2020 JIMENEZ 07/07/20 $145.00
IT-VIDEO SVC ZOOM CC MTG
273124 7/31/2020 JIMENEZ PRODUCTIONS, DA\,7/21/2020 JIMENEZ 07/21/20 $130 ,50
IT-VIDEO SVC CC MTG
Key Bank Page 22 of 40
Check No _ Date Vendor Invoice Date Invoice Description AmountGL Total
273204 7/31/2020 TRANSPO GROUP USA INC, 6/11/2020 24844 $387.43
PW-AG19-168 VARIABLE LANE USE
273209 7/31/2020 USIC HOLDINGS INC, 6/30/2020 388551 $6,000.22
PWTR/SWM-AG19-078 UGO ULT LOCA
273173 7/31/2020 PROTECT YOUTH SPORTS, 6/30/2020 803864 $10.00
HR/PARKS-BACKGROUND CHECKS
273075 7/31/2020 CHILDRENS DANCE THEATER?/10/2020 INV-0008 $10,800 .00
PARKS-AG18-043 DANCE CLASSES
830203040 8/3/2020 KAISER FOUNDATION HEALTf8/3/2020 AUG 2020 $41,106.79
Fl-08/20 ADMIN FEE KAISER HEAL
803203039 8/3/2020 KAISER FOUNDATION HEALTf8/3/2020 AUG 2020#2 $5,497 .20
Fl-08/20 ADMIN FEE KAISER HEAL
273237 8/13/2020 ADURO, INC, SUITE 100 7/31/2020 INV2008 $1,736.04
HR-AG19-209 WELLNESS PGM~
273369 8/13/2020 WOODLAND INDUSTRIES, 5/5/2020 105601 $19,800.00
CD-AG20-062ABATEMENT OF UNFIT
273370 8/13/2020 WSP USA INC, 8/10/2020 979931 $12,114.40
PW-AG20-060 ON-CALL CONST INSP
273322 8/13/2020 PROTECT YOUTH SPORTS, 7/31/2020 808215 $60.00
HR-BACKGROUND CHECKS
273239 8/13/2020 ADVOCATES INC, 7/30/2020 JUNE & JULY 2020 $7,200.00
MO-06-07/20-LOBBYING SVC AG16-
273271 8/13/2020 HAWKINS & CRAWFORD, PLLC8/3/2020 20200803 $45,900 ,00
MO-AG19-109 07/20 PUBLIC DEFEN
273268 8/13/2020 GOLDEN WOOD, LLP, 7/8/2020 15-161 $6,990.00
MO-CONFLICT DEFENDER SVC AG-20
273356 8/13/2020 USIC HOLDINGS INC, 5/31/2020 383860 $2,144.55
PWTR/SWM-AG19-078 UGO ULT LOCA
273259 8/13/2020 EHM WASHINGTON LLC, 2/26/2020 13440 $150 ,00
PD-MONITORING SVC
273259 8/13/2020 EHM WASHINGTON LLC, 3/29/2020 13889 $45 ,00
PD-MONITORING SVC
273310 8/13/2020 OGDEN, MURPHY, WALLACE, 3/31/2020 836332 $1,787.70
LAW-AG18-150 LEGAL SERVICES~
273310 8/13/2020 OGDEN, MURPHY, WALLACE, 4/23/2020 838275 $29,995 .00
LAW-AG18-150 LEGAL SERVICES~
273288 8/13/2020 KPG INC, 8/3/2020 7-8420 $420 ,00
SWM-AG19-182 ON-CALL SURVEYING
273338 8/13/2020 STANLEY CONVERGENT SECIB/1/2020 17660164 $87.45
PKM-STEELE LAKE WS 9/01/20-11/
273338 8/13/2020 STANLEY CONVERGENT SECIB/1/2020 17667184 $202.95
PKM-STEELE LAKE BH 9/1/20-11/3
273366 8/13/2020 WEBLY, JOYCE 8/13/2020 08/13/2020 $250.00
PARKS-AFFIDAVIT FOR CK#263297
273346 8/13/2020 TEAMSIDELINE.COM, 8/1/2020 TS-I NV-8118 $599 .00
PARKS-STANDARD SITE OCT 2020 -
273334 8/13/2020 SOUND, 4/1/2020 2020 1STQTR $2,250.00
CDHS-AG19-229 PATH PROJECT~
273358 8/13/2020 VIGILNET AMERICA LLC, 7/31/2020 2021851 $6,341.10
MC-PROBATION ALCOHOL MONITOR IN
273280 8/13/2020 JIMENEZ PRODUCTIONS, DA'vB/3/2020 JIMENEZ 08/03/20 $72.50
CC-8/3/2020 LUTC MTG
Key Bank Page 23 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273280 8/13/2020 JIMENEZ PRODUCTIONS, DAv?/28/2020 JIMENEZ 07/28/20 $72 .50
CC-7/28/2020 FEDRAC MTG
273293 8/13/2020 LANE POWELL PC, 7/27/2020 3831751 $120,910.00
PW-AG19-225 LEGAL SERVICES~
273350 8/13/2020 THUILLIER, JENNIFER 7/31/2020 202048 $80 .00
PW/SWM-EDITS TO CAPITAL PJ PUB
273288 8/13/2020 KPG INC, 7/6/2020 6-8320 $1,459 .50
SWM-AG19-182 ON-CALL SURVEYING
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380518 $300.00
PKM-SECURITY SERVICESAG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380527 $175 .00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380554 $175 .00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380555 $175 .00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380599 $175.00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380600 $175.00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380805 $175.00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380827 $175.00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380848 $300 .00
PKM-SECURITY SERVICES AG17-061
273317 8/13/2020 PIERCE COUNTY SECURITY 118/5/2020 380889 $175.00
PKM-SECURITY SERVICES AG17-061
273242 8/13/2020 AMERICAN TRAFFIC SOLUTIC?/31/2020 INV00031581 $28,500.00
PD-07/20 RED LIGHT PHOTO AG#15
273306 8/13/2020 MULTI-SERVICE CENTER, 7/31/2020 AG20-069 $151,500.00
CDBG-AG20-069 VILLA CAPRI SEC
273371 8/13/2020 XTREME GRAPHIX INC, 8/3/2020 20-1236 $874.40
PKM-PARK SIGNS AG17-050~
273338 8/13/2020 STANLEY CONVERGENT SECIS/1/2020 17657975 $141.90
PKM-CEL PARK 9/1/20-11/30/20
273356 8/13/2020 USIC HOLDINGS INC, 5/31/2020 383860 $5,003.95
PWTR/SWM-AG19-078 UGO ULT LOCA
273350 8/13/2020 THUILLIER, JENNIFER 7/31/2020 202048 $80 .00
PW/SWM-EDITS TO CAPITAL PJ PUB
273305 8/13/2020 MULTICARE CENTERS OF, OCB/3/2020 139180 $1,455.00
PD-OFFICER PHYSICAL
273294 8/13/2020 LANGUAGE LINE SERVICES, 17/31/2020 4869760 $206.12
PD-LANGUAGE SVC
273281 8/13/2020 KAYA STRATEGIK LLC, CHERF5/29/2020 2 $5,800 .00
CDHS-AG20-046 HUMAN SVC COMM T
273247 8/13/2020 BLUE PEARL VETERINARY, 2/10/2020 1055281 $1,208.85
PD-VET SERVICES
273247 8/13/2020 BLUE PEARL VETERINARY, 6/10/2020 1078461 $665.25
PD-VET SERVICES
273274 8/13/2020 HERRERA ENVIRONMENTAL, 7/21/2020 46981 $187.83
SWM-AG 18-104 SWM COMPREHENSIV
Key Bank Page 24 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273327 8/13/2020 SAFAROVA-DOWNEY, ALMIRA7/30/2020 07/30/20 $121 ,00
MC-INTERPRETER SVC
273327 8/13/2020 SAFAROVA-DOWNEY, ALMIRA7/30/2020 07/30/20 #2 $121.00
MC-INTERPRETER SVC
273277 8/13/2020 INTERCOM LANGUAGE SVCS7/31/2020 20-387 $1,333 .26
MC-INTERPRETER SVC
273283 8/13/2020 KIM, CHUL JOON 8/5/2020 08/05/20 $110 .00
MC-INTERPRETER SVC
273277 8/13/2020 INTERCOM LANGUAGE SVCS8/8/2020 20-399 $896 ,00
MC-INTERPRETER SVC
273235 8/13/2020 ABOU-ZAKI, KAMAL 8/11/2020 08/11/20 $110 .00
MC-INTERPRETER SVC
273373 8/13/2020 ZHELEZNYAK, MICHAEL 7/30/2020 07/30/20 $166 ,50
MC-INTERPRETER SVC
PUBLIC UTILITY SERVICES $54.54
273081 7/31/2020 COMCAST OF WASHINGTON 17/1/2020 8498 34 016 1554623 $54 .54
FWCC-07/20 CABLE SVC
PW -CLAIMS GUPL $1,621 .50
273111 7/31/2020 FLOYD, PFLUEGER & RINGER6/7/2020 60232 $679 ,50
LAW-LEGAL SVCS AG13-033~
273111 7131/2020 FLOYD, PFLUEGER & RINGER717l2020 60231 $58,50
LAW-LEGAL SVCS AG13-033~
273123 7/31/2020 JG MCDONALD AND ASSOCIA7/8/2020 2711 $883 ,50
LAW-RM KEN HANSON CLAIM;RM-PW-
PW -CLAIMS PROPERTY $22,219.61
273128 7/31/2020 KING COUNTY FINANCE DIVlffi/30/2020 106363-106370 $22,219.61
RM-RSD FW#106363-106370
RENTAL OF FURNITURE/EQUIPMENT $12,464.86
273118 7/31/2020 HEAD-QUARTERS PTS, 7/4/2020 35840 $1,400 ,00
PARKS-AG18-017 SANICAN SERVICE
273273 8/13/2020 HEAD-QUARTERS PTS, 7131/2020 35870 $6 ,349 .00
PARKS-AG18-017 SAN I CAN SERVICE
273260 8/13/2020 EMERALD CITY FENCE RENT/815/2020 9308 $1,562 ,55
PKM-FENCE RENTAL
273260 8/13/2020 EMERALD CITY FENCE RENT/8/5/2020 9309 $1 ,998 .70
PKM-FENCE RENTAL
273355 8/13/2020 UNITED RENTALS (NORTH AM7l31/2020 184323272-001 $446 .79
SWM-EQUIP RENTAL
273355 8/1312020 UNITED RENTALS (NORTH AM7l29l2020 184287211-002 $707 .82
SWM-EQUIP RENTAL
REPAIR & MAINT SUPPLIES $28,314.26
273145 7131/2020 LOWE'S HIW INC, 7/28/2020 01960 $55 ,22
PKM-MAINT SUPPLIES
273119 7131/2020 HOME DEPOT-DEPT 32-25007:7128/2020 8020211 $25.43
PKM-REPAIR & MAINT SUPPLIES
273145 7/3112020 LOWE'S HIW INC, 7114/2020 02799 $256 _15
PKM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/14/2020 120472 $26 .37
PKM-SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/20/2020 09806 $22 .95
PKM-MAINT SUPPLIES
Key Bank Page 25 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273162 7/31/2020 O'REILLY AUTO PARTS, 7/20/2020 3710-405978 $10 ,04
PKM-MAINT PARTS
273145 7/31/2020 LOWE'S HIW INC, 7/21/2020 01368 $23.99
PKM-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/22/2020 02881 $219,30
PKM-MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/13/2020 3526084 $16.70
CHB-REPAIR & MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/23/2020 3614209 $4.29
CHB-REPAIR & MA/NT SUPPLIES
273145 7/31/2020 LOWE'S HIWINC, 7/14/2020 23533 $6.15
CHB-MAINT SUPPLIES
273193 7/31/2020 STAR LAKE GREENHOUSE INl7/14/2020 8769 $308 .18
CHB-PLANTS
273145 7/31/2020 LOWE'S HIW INC, 7/15/2020 23627 $26.11
CHB-MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/17/2020 9613337 $24 .90
CHB-REPAIR & MA/NT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/21/2020 23193 $22.92
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/22/2020 23317 $18 74
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 6/25/2020 08778 $13.13
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 6/30/2020 09791 $24 ,99
CHB-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/5/2020 01659 $77.48
CHB-MA/NT SUPPLIES
273186 7/31/2020 SECOMA FENCE INC, 3/9/2020 14769 $22.75
SWM-MAINT SUPPLIES
273086 7/31/2020 CORE & MAIN LP, 6/22/2020 M539129 $223.35
SWM-MAINT SUPPLIES
273070 7/31/2020 BERL ENTERPRISES LLC, REm20/2020 53226 $5,935.96
PARKS-BERL ENTERPRISES/RESTROO
273145 7/31/2020 LOWE'S HIW INC, 7/13/2020 02725 $327.75
SWM-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/10/2020 01699 $56.30
SWM-MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/10/2020 6525622 $343.67
$WM-REPAIR & MAINT SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/13/2020 3513187 $87 .69
$WM-REPAIR & MA/NT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/14/2020 120632 $17 .59
SWM-SUPPLIES
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/14/2020 2513304 $88.63
SWM-REPAIR & MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/17/2020 121178 $33 ,39
SWM-SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/9/2020 02216 $804.45
SWM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 6/26/2020 116644 $24.50
PKM-SUPPLIES
Key Bank Page 26 of 40
Check No, Date Vendor Invoice Date Invoice Description AmountGL Total
273103 7/31/2020 FASTENAL, 6/26/2020 WAAUB83479 $35.53
PKM-MAINT SUPPLIES
273227 7/31/2020 WESTERN EQUIPMENT DISTR?/2/2020 7125541-01 $112.52
PKM-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/7/2020 16804 $20.88
PKM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/8/2020 119210 $20.54
PKM-SUPPLIES
273160 7/31/2020 NORTHWEST PLAYGROUND, 7/8/2020 46753 $45 ,34
PKM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/9/2020 119401 $20.54
PKM-SUPPLIES
273060 7/31/2020 AGRISHOP INC, 7/9/2020 61505/1 $77 ,19
PKM-EQUIPMENT PARTS & REPAIRS
273112 7/31/2020 FREEWAY TRAILER SALES IN<7/6/2020 164290 $208 .78
PKM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/13/2020 120249 $43.91
PKM-SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/21/2020 01276 $64.70
PKM-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/23/2020 01809 $66.84
PKM-MAINT SUPPLIES
273145 7/31/2020 LOWE'S HIW INC, 7/23/2020 02023 $66 .84
PKM-MAINT SUPPLIES
273101 7/31/2020 EWING IRRIGATION PRODUC7/23/2020 12204464 $313.38
PKM-MAINT SUPPLIES
273205 7/31/2020 TRINITY ACE HARDWARE, 7/23/2020 122658 $120.44
PKM-SUPPLIES
273101 7/31/2020 EWING IRRIGATION PRODUC7/28/2020 12234903 $346 .51
PKM-MAINT SUPPLIES
273110 7/31/2020 FERGUSON ENTERPRISES, N/9/2020 8399393 $50.14
PKM-REPAIR/MAINT SUPPLIES
273060 7/31/2020 AGRISHOP INC, 7/14/2020 61541/1 $45.86
PKM-EQUIPMENT PARTS & REPAIRS
273051 7/31/2020 AARO INC DBA THE LOCK SH(?/16/2020 0000030086 $497.20
PKM-DUPLICATE KEYS
273101 7/31/2020 EWING IRRIGATION PRODUC7/20/2020 12171767 $-106 .73
PKM-RETURN CREDIT
273101 7/31/2020 EWING IRRIGATION PRODUC7/20/2020 12171785 $330.00
PKM-MAINT SUPPLIES
273101 7/31/2020 EWING IRRIGATION PRODUC7/20/2020 12171827 $125.05
PKM-MAINT SUPPLIES
273241 8/13/2020 AMB TOOLS & EQUIPMENT Ca/29/2020 T323168 $344.84
PKM-MAINT SUPPLIES
273312 8/13/2020 O'REILLY AUTO PARTS, 7/30/2020 3710-408084 $9,88
PKM-MAINT SUPPLIES
273318 8/13/2020 PRAXAIR DISTRIBUTION INC, 7/31/2020 98057883 $51 .82
PKM-MAINT SUPPLIES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $25 .28
PKM-TOTLE FILE XLRG
273241 8/13/2020 AMB TOOLS & EQUIPMENT CC8/3/2020 T323232 $127.83
PKM-MAINT SUPPLIES
Key Bank Page 27 of40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273353 8/13/2020 TRINITY ACE HARDWARE, 8/4/2020 125282 $21.40
PKM-SUPPLIES
273240 8/13/2020 AGRISHOP INC, 6/23/2020 23004/1 $31 .22
PWST-EQUIPMENT PARTS & REPAIRS
273292 8/13/2020 LAKESIDE INDUSTRIES INC, 7/25/2020 131100 $372.19
PKM-REPAIR SUPPLIES
273262 8/13/2020 EWING IRRIGATION PRODUC?/29/2020 12251012 $84.27
PKM-MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/29/2020 123898 $20.20
PKM-SUPPLIES
273312 8/13/2020 O'REILLY AUTO PARTS, 7/29/2020 3710-407841 $20 .16
PKM-MAINT SUPPLIES
273364 8/13/2020 WALTER E NELSON CO ., 7/29/2020 769181 $115.63
PKM-JANITORIAL SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/22/2020 02853 $241.84
PKM-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIWINC, 7/23/2020 01755 $202 ,53
PKM-MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/23/2020 122547 $19 ,68
PKM-SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 8/10/2020 126548 $15.38
PKM-SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007.2/19/2020 8616203 $16.98
PKM-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:4/24/2020 3624075 $62.69
PKM-REPAIR & MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7110/2020 119655 $20.11
PKM-SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/16/2020 120971 $20 .88
PKM-SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/20/2020 121956 $16 .49
PKM-SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:S/4/2020 1610718 $60 .74
PKM-REPAIR & MAINT SUPPLIES
273240 8/13/2020 AGRISHOP INC, 8/5/2020 61829/1 $155.29
PKM-EQUIPMENT PARTS & REPAIRS
273240 8/13/2020 AGRISHOP INC, 8/6/2020 61845/1 $27.91
PKM-EQUIPMENT PARTS & REPAIRS
273300 8/13/2020 LOWE'S HIW INC, 8/7/2020 19153 $66.22
PKM-MAINT SUPPLIES
273240 8/13/2020 AGRISHOP INC, 817/2020 61853/1 $46 .17
PKM-EQUIPMENT PARTS & REPAIRS
273300 8/13/2020 LOWE'S HIWINC, 8/10/2020 08790 $58.49
PKM-MAINT SUPPLIES
273254 8/13/2020 CONTECH ENGINEERED SOLi3/25/2020 20848792 $927 .50
SWM-10% SALES TAX -CARTRIDGE
273353 8/13/2020 TRINITY ACE HARDWARE, 7/10/2020 119697 $109.96
SWM-SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-2500717/20/2020 6613852 $361.90
SWM-REPAIR & MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/21/2020 10818 $69.04
SWM-MAINT SUPPLIES
Key Bank Page 28 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:7/21/2020 5033302 $1,288.55
SWM-REPAIR & MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/22/2020 01572 $66.45
SWM-MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-2500717/22/2020 4527387 $96.31
SWM-REPAIR & MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/30/2020 124126 $47.43
SWM-SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-250073/10/2020 8032621 $162.44
SWM-REPAIR & MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 5/22/2020 03760 $67 ,50
SWM-MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-250076/25/2020 1035892 $67 .64
SWM-REPAIR & MAINT SUPPLIES
273254 8/13/2020 CONTECH ENGINEERED SOLIS/25/2020 20848792 $9,275.00
SWM-CARTRIDGES TO REPL THOSE I
273311 8/13/2020 ORCA PACIFIC INC, 7/27/2020 43116 $742 ,61
PARKS-POOL CHEMICALS AG17-002
273300 8/13/2020 LOWE'S HIW INC , 7/28/2020 23861 $36,62
SWM-MAINT SUPPLIES
273352 8/13/2020 TIMCO INC, 7/28/2020 T027503 $98,67
SWM-REPAIR SUPPLIES
273312 8/13/2020 O'REILLY AUTO PARTS, 7/24/2020 3710-406766 $8 .79
CHB-MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/29/2020 123957 $16.47
CHS-SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/31/2020 23062 $21.47
CHB-MAINT SUPPLIES
273262 8/13/2020 EWING IRRIGATION PRODUC7/31/2020 12266607 $316.31
CHB-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/30/2020 23996 $79.96
CHB-MAINT SUPPLIES
273353 8/13/2020 TRINITY ACE HARDWARE, 7/30/2020 124145 $15.38
CHS-SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/31/2020 23065 $10.75
CHS-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/3/2020 23441 $10 75
CHS-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/5/2020 10695 $15.62
CHS-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/6/2020 23813 $12 .50
CHS-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/10/2020 23290 $29 .72
CHS-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/11/2020 23403 $21.14
CHS-MAI NT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:2/19/2020 8340085 $67 .63
CHS-REPAIR & MAINT SUPPLIES
273275 8/13/2020 HOME DEPOT-DEPT 32-250076/4/2020 2033113 $4.48
CHS-REPAIR & MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/4/2020 02801 $24 ,98
PKM-MAINT SUPPLIES
Key Bank Page 29 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273262 8/13/2020 EWING IRRIGATION PRODUC-8/4/2020 12288681 $50.25
PKM-MAINT SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 8/7/2020 01985 $126 ,18
PKM-MAINT SUPPLIES
273240 8/13/2020 AGRISHOP INC, 8/7/2020 61857/1 $47.23
PKM-EQUIPMENT PARTS & REPAIRS
273353 8/13/2020 TRINITY ACE HARDWARE, 7/27/2020 123540 $29.69
PKM-SUPPLIES
273300 8/13/2020 LOWE'S HIW INC, 7/29/2020 02820 $76.69
PKM-MAINT SUPPLIES
REPAIR PARTS $103.72
273141 7/31/2020 LES SCHWAB TIRE CTRS OF 17/7/2020 37800477072 $-72.60
FLT-CREDIT RETURN TPMS RELEARN
273212 7/31/2020 VILMA SIGNS, 7/17/2020 3269 $132.00
FLT-VEHICLE PARTS
273238 8/13/2020 ADVANCE AUTO PARTS, 7/13/2020 13144-395995 $44.32
FLT-MAI NT SVC
REPAIRS AND MAINTENANCE $331,626.08
273085 7/31/2020 COPIERS NORTHWEST INC , 7/16/2020 INV2169703 $61 .78
IT-AG17-182 PRINTER MAINT EXP:
273159 7/31/2020 NORSTAR INDUSTRIES INC, 6/15/2020 58252 $52.95
PWST-MAINT SUPPLIES
273147 7/31/2020 MACMOR INC, 7/17/2020 14428 $5,068.70
PWST/SWR-LANDSCAPE MAINT AG17-
273147 7/31/2020 MACMOR INC, 7/17/2020 14427 $4,746.22
PWST/SWR-LANDSCAPE MAINT AG17-
273085 7/31/2020 COPIERS NORTHWEST INC, 7/8/2020 INV2166786 $170.98
IT-07/20 NASP05214 COPIER MAIN
273085 7/31/2020 COPIERS NORTHWEST INC, 7/8/2020 INV2166786 $683.94
IT-07/20 NASP05214 COPIER MAIN
273053 7/31/2020 ACTION SERVICES CORPOR/16/26/2020 105847 $1,249 .85
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR/16/29/2020 105865 $3,530.80
SWM-AG20-056 2020/2021 SWM VAC
273210 7/31/2020 UTILITIES UNDERGROUND, 6/30/2020 0060144 $557.28
SWM-LOCATI NG SVC AG 13-018~
273053 7/31/2020 ACTION SERVICES CORPOR/16/30/2020 105866 $2,899.20
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR.07/1/2020 105867 $1,382.00
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR.o?/2/2020 105868 $1,473.60
SWM-AG20-056 2020/2021 SWM VAC
273186 7/31/2020 SECOMA FENCE INC, 5/5/2020 14905 $2,190.31
SWM-POND FENCE REPAIR
273053 7/31/2020 ACTION SERVICES CORPOR/16/8/2020 105661 $2,013_90
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR/16/11/2020 105662 $1,727.90
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR/16/11/2020 105663 $405.00
SWM-AG20-056 2020/2021 SWM VAC
273053 7/31/2020 ACTION SERVICES CORPOR/16/12/2020 105664 $900.00
SWM-AG20-056 2020/2021 SWM VAC
Key Bank Page 30 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (5/7/2020 1-38639 $114 .90
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/22/2020 1-39695 $652.24
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (7/22/2020 1-39697 $923.84
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/22/2020 1-39701 $42 .30
PD-VEHICLE MAINT
273170 7/31/2020 PRO TOUCH AUTO INTERIOR 7/23/2020 49403 $165 .00
PD-CAR 6521 DETAIL
273165 7/31/2020 PETTY CASH-POLICE DEPT, 7/24/2020 033002 $12.00
PD-CAR WASH FOR TAKE HOME DEPT
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 38002 $356.00
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 38014 $354 ,85
PD -VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFE17/20/2020 38030 $344.46
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 38058 $441 .39
PD-VEHICLE REPAIR SVC
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/21/2020 1-39686 $483.14
PD-VEHICLE MAINT
273191 7/31/2020 SPEEDY GLASS -TACOMA , 7/21/2020 6005-1964388 $33 ,00
PD-VEHICLE WINDSHIELD REPAIR
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37926 $1,005.41
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37939 $73 .72
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37946 $354.85
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37951 $607.83
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37965 $776.40
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37975 $616 ,63
PD-VEHICLE REPAIR SVC
273073 7/31/2020 CAR WASH ENTERPRISES, 7/16/2020 JUNE 2020 $292.00
PD-JUNE 2020 VEHICLE WASHES
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/20/2020 1-39663 $1,015.48
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/20/2020 1-39665 $304 .51
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/20/2020 1-39667 $441 75
PD-VEHICLE MAINT
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37827 $1,056 .51
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEll/20/2020 37881 $1,044 .48
PD-VEHICLE REPAIR SVC
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (7/11/2020 1-39563 $42.30
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (7/14/2020 1-39597 $193 .12
PD-VEHICLE MAINT
Key Bank Page 31 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/15/2020 1-39608 $42.30
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/16/2020 1-39620 $42 .30
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/16/2020 1-39629 $42.30
PD-VEHICLE MAINT
273170 7/31/2020 PRO TOUCH AUTO INTERIOR 7/16/2020 49233 $165.00
PD-CAR 6034 DETAIL
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/6/2020 1-39496 $223 .29
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/6/2020 1-39497 $42.30
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/13/2020 1-39578 $543 .90
PD-VEHICLE MAINT
273056 7/31/2020 ADVANCE AUTO PARTS, 7/8/2020 13144-395409 $20 .20
FLT-MAINT SVC
273056 7/31/2020 ADVANCE AUTO PARTS, 7/9/2020 13144-395557 $9.79
FLT-VEHICLE MAINT
273115 7/31/2020 GRAINGER INC, 7/10/2020 9585179873 $8 .78
FLT-FACILITY MAINT SUPPLIES
273122 7/31/2020 JENNINGS EQUIPMENT INC, 1/31/2020 41848R $363 .54
FLT-MAINT SVC
273191 7/31/2020 SPEEDY GLASS -TACOMA, 3/30/2020 6005-1942743 $771 .18
FLT-VEHICLE WINDSHIELD REPAIR
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (6/27/2020 1-39416 $46.15
FLT-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (6/27/2020 1-39418 $802.56
FLT-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/8/2020 1-39523 $1,873.66
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (7/8/2020 1-39531 $37 .39
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/9/2020 1-39511 $529.16
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/9/2020 1-39525 $721.45
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/10/2020 1-39549 $42 .30
PD-VEHICLE MAINT
273222 7/31/2020 WASHDUP, LLC, 6/30/2020 373 $346.18
PD-06/20 CAR WASH SERVICES
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/1/2020 1-39459 $23.10
PD-VEHICLE MAINT
273140 7/31/2020 LARSEN SIGN CO ., 7/1/2020 27247 $769.30
PD-VEHICLE GRAPHICS REPLACE SV
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFE17/1/2020 37943 $1,477.50
PD-VEHICLE REPAIR SVC
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/2/2020 1-39469 $130,68
PD-VEHICLE MAINT
273170 7/31/2020 PRO TOUCH AUTO INTERIOR 7/3/2020 49141 $170.50
PD-CAR 5770 DETAIL
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (4/16/2020 1-38637 $394 ,01
PD-VEHICLE MAINT
Key Bank Page 32 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (4/13/2020 1-38607 $23.10
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (6/29/2020 1-39424 $156.18
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (6/29/2020 1-39426 $681.69
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (6/30/2020 1-39444 $38.45
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (6/30/2020 1-39445 $1,108 .75
PD-VEHICLE MAINT
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/22/2020 1073 $30.80
PARKS-AG18-003 PARKING LOTVAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/21/2020 1051 $47 .30
PARKS-AG18-003 PARKING LOTVAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/21/2020 1058 $40 .66
PARKS-AG18-003 PARKING LOTVAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/21/2020 1059 $64.90
PARKS-AG18-003 PARKING LOTVAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/22/2020 1069 $49.50
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/22/2020 1070 $20 ,90
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/22/2020 1072 $53.90
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1026 $412.50
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1041 $326 ,70
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1042 $20.90
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1043 $49 ,50
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1044 $191.40
PARKS-AG18-003 PARKING LOT VAC
273229 7/31/2020 WHIRLWIND SERVICES INC, \/7/16/2020 1047 $30.80
PARKS-AG18-003 PARKING LOT VAC
273146 7/31/2020 MACDONALD MILLER SERVIC7/1/2020 PM101239 $6,875 ,00
CHB/FWCC-AG19-042 HVAC SVC~~
273058 7/31/2020 ADVANCED PRO FITNESS REl?/17/2020 07172002T $968.00
PARKS-FITNESS EQUIP SVC AG18-0
273095 7/31/2020 EMERALD CITY FENCE RENTl6/11/2020 8633 $858.00
PKM-FENCE RENTAL
273202 7/31/2020 THUNDERING OAK ENTERPRl?/14/2020 10580 $1,100 .00
PKM-AG19-115 TREE SVC AGREE MEN
273085 7/31/2020 COPIERS NORTHWEST INC, 7/16/2020 INV2169703 $39.67
IT-AG17-182 PRINTER MAINT EXP:
273085 7/31/2020 COPIERS NORTHWEST INC, 7/16/2020 INV2169703 $27.26
IT-AG17-182 PRINTER MAINT EXP:
273154 7/31/2020 MORGAN SOUND, INC, 7/22/2020 MSl103915 $66 .24
IT-MAINT SVC
273154 7/31/2020 MORGAN SOUND, INC, 7/22/2020 MS1103919 $1,309 ,00
IT-MAINT SVC
Key Bank Page 33 of 40
Check No . Date Vendor Invoice Date Invoice Description AmountGL Total
273154 7/31/2020 MORGAN SOUND, INC, 7/22/2020 MSl103922 $365 .85
IT-MAINT SVC
273085 7/31/2020 COPIERS NORTHWEST INC, 7/8/2020 INV2166786 $854.94
IT-07/20 NASP05214 COPIER MAIN
273067 7/31/2020 AUTOMATED GATES AND, 6/30/2020 226582 $2,030 16
CHB-GATE MAINT SVC
273146 7/31/2020 MACDONALD MILLER SERVIC7/1/2020 PM101386 $8,525.00
CHB-HVAC SVC-
273301 8/13/2020 MACDONALD MILLER SERVIC7/29/2020 SVC185724 $1,239.15
CHB/FWCC-AG19-042 HVAC SVC--
273331 8/13/2020 SMS CLEANING, 8/3/2020 FedWay-0720 $4,635.07
CHB/PKM-AG20-022 JANITORIAL SV
273301 8/13/2020 MACDONALD MILLER SERVIC7/30/2020 SVC186034 $1,284.53
CHB/FWCC-AG19-042 HVAC SVC--
273298 8/13/2020 LIMITED ENERGY SERVIC INC8/10/2020 P 4934 $1,608 .59
CHB-MAINT SVC
273298 8/13/2020 LIMITED ENERGY SERVIC INCB/25/2020 P 4875 $697.95
CHB-MAINT SVC
273298 8/13/2020 LIMITED ENERGY SERVIC INC?/17/2020 P 4899 $375.00
CHB-MAINT SVC
273286 8/13/2020 KING COUNTY RADIO, 7/31/2020 00451421 $281 .50
IT-RADIO MAINT/REPAIR
273286 8/13/2020 KING COUNTY RADIO, 7/31/2020 00450987 $84 .00
IT-RADIO MAINT/REPAIR
273347 8/13/2020 TERM I NIX, 7/23/2020 398800741 $170.50
PKM-PEST CONTROL
273331 8/13/2020 SMS CLEANING, 8/3/2020 FedWay-0720 $3,179.93
CHB/PKM-AG20-022 JANITORIAL SV
273270 8/13/2020 GREENPOINT LANDSCAPING 7/25/2020 59320 $1,567.51
FWCC-AG19-119 LANDSCAPE MAINT
273348 8/13/2020 TERMINIX, 7/27/2020 398890710 $97.90
FWCC-PEST CONTROL
273351 8/13/2020 THUNDERING OAK ENTERPRl8/6/2020 10613 $2,962.50
PKM-AG19-115 TREE SVC AGREEMEN
273351 8/13/2020 THUNDERING OAK ENTERPRl?/29/2020 10593 $885 .50
PKM-AG19-115 TREE SVC AGREEMEN
273290 8/13/2020 LAKEHAVEN UTILITY DISTRIC7/14/2020 6323 $181,977 .90
Fl-O3/2020 FIRE PROTECTION
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/1/2020 1-39820 $42 ,30
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE &AUTOMOTIVE (8/3/2020 1-39836 $29.69
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/3/2020 1-39841 $-29 .69
FLT-CREDIT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (B/3/2020 1-39842 $32.33
FLT-VEHICLE MAINT
273238 8/13/2020 ADVANCE AUTO PARTS, 8/3/2020 13144-398903 $0.40
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/4/2020 1-39845 $320.71
FLT-VEHICLE MAINT
273238 8/13/2020 ADVANCE AUTO PARTS, 7/28/2020 13144-398140 $28.82
FLT-VEHICLE MAINT
Key Bank Page 34 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273238 8/13/2020 ADVANCE AUTO PARTS, 7/28/2020 13144-398162 $25 ,94
FLT-MAINT SVC
273258 8/13/2020 EAGLE TIRE &AUTOMOTIVE (7/30/2020 1-39764 $217.80
FLT-VEHICLE MAINT
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38076 $616 .63
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38077 $360 .02
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38079 $710.04
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38084 $356 ,00
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38085 $344.46
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38089 $344.46
PD-VEHICLE REPAIR SVC
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/28/2020 1-39771 $42 .30
PD-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE &AUTOMOTIVE (7/28/2020 1-39772 $42.30
PD-VEHICLE MAINT
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38059 $345 .61
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38060 $354.85
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38070 $343.31
PD-VEHICLE REPAIR SVC
273343 8/13/2020 SYSTEMS FOR PUBLIC SAFE17/28/2020 38071 $791 .88
PD-VEHICLE REPAIR SVC
273296 8/13/2020 LES SCHWAB TIRE CTRS OF 17/24/2020 37800479897 $22 .00
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/25/2020 1-39743 $128 ,84
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/4/2020 1-39846 $42 .30
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/5/2020 1-39858 $38.45
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (8/6/2020 1-39872 $42.30
FLT-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE &AUTOMOTIVE (4/24/2020 1-38700 $940.58
FLT-VEHICLE MAINT
273345 8/13/2020 TACOMA SCREW PRODUCTS 5/29/2020 15533281 $117 .54
FLT-MAINT SUPPLIES
273330 8/13/2020 SIX ROBBLEES' INC, 7/22/2020 2-736671 $87 .54
FLT-VEHICLE MAINT
273295 8/13/2020 LARSEN SIGN CO., 8/3/2020 27403 $230.79
PD-VEHICLE GRAPHICS REPLACE SV
273295 8/13/2020 LARSEN SIGN CO ,, 8/3/2020 27404 $230.79
PD-VEHICLE GRAPHICS REPLACE SV
273337 8/13/2020 SPEEDY GLASS -TACOMA, 8/4/2020 6005-1967673 $33 .00
PD-VEHICLE WINDSHIELD REPAIR
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/23/2020 1-39713 $252.32
PD-VEHICLE MAINT
Key Bank Page 35 of 40
Check No , Date Vendor Invoice Date Invoice Description AmouritGL Total
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/24/2020 1-39731 $42 .30
PD-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/24/2020 1-39732 $81 .88
PD-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/27/2020 1-39753 $433 ,72
PD-VEHICLE MAINT
273258 8/13/2020 EAGLE TIRE & AUTOMOTIVE (7/27/2020 1-39755 $38.45
PD-VEHICLE MAINT
273321 8/13/2020 PRO TOUCH AUTO INTERIOR 7/28/2020 49409 $165,00
PD-CAR 6471 DETAIL
273236 8/13/2020 ACTION SERVICES CORPOR/17/13/2020 105950 $1,974.65
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/14/2020 105951 $3,695.30
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/15/2020 105952 $2,045.40
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/16/2020 105953 $2,638.35
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/16/2020 105963 $2,676.75
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/17/2020 105954 $1,484.80
SWM-AG20-056 2020/2021 SWM VAC
273256 8/13/2020 DARLING INTERNATIONAL INCT/18/2020 11154144 $289.30
PKDBC-TRAP SERVICE CHARGE
273236 8/13/2020 ACTION SERVICES CORPOR/17/17/2020 105964 $2,870 .25
SWM-AG20-056 2020/2021 SWM VAC
273357 8/13/2020 UTILITIES UNDERGROUND, 7/31/2020 0070144 $624 ,36
SWM-LOCATING SVC AG13-018-
273351 8/13/2020 THUNDERING OAK ENTERPR18/6/2020 10610 $8,250 .00
SWM-TREE REMOVAL SVC
273236 8/13/2020 ACTION SERVICES CORPOR/17/6/2020 105897 $4,040 ,80
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/7/2020 105898 $3 ,752.05
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/8/2020 105899 $3,381.70
SWM-AG20-056 2020/2021 SWM VAC
273236 8/13/2020 ACTION SERVICES CORPOR/17/10/2020 105900 $700.10
SWM-AG20-056 2020/2021 SWM VAC
273257 8/13/2020 OMX LLC OBA MOOD MEDIA, 8/1/2020 55593817 $97.56
IT-08/20 MEDIA SERVICES
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $2000
PWST-FUEL FOR WATER TRUCK
273275 8/13/2020 HOME DEPOT-DEPT 32-25007:S/18/2020 9030926 $5.26
PWST-REPAIR & MAINT SUPPLIES
273245 8/13/2020 ARC DOCUMENT SOLUTIONS7/20/2020 2340391 $109,73
IT-07/20 MPS PLOTTER WORK ORDE
273284 8/13/2020 KING COUNTY FINANCE DIVIE5/31/2020 105820-105828 $6,805.84
PW/SWR-RSD FW#105820-105828
ROAD SVCS/PERMITS-INTGVT $151,283.95
273128 7/31/2020 KING COUNTY FINANCE DIVIE5/31/2020 105932-105994 $74,738.79
PWST-RSD FW PJ#105932-105994
Key Bank Page 36 of 40
. Check No . Date Vendor Invoice Date Invo ice Description AmountGL Total
273284 8/13/2020 KING COUNTY FINANCE DIVl&/30/2020 106425-106453 $35,550 .29
PW-RSD FW PJ#106425-106453
273284 8/13/2020 KING COUNTY FINANCE DIVIE5/31/2020 105820-105828 $2,377.10
PW/SWR-RSD FW #105820-105828
273284 8/13/2020 KING COUNTY FINANCE DIVIES/30/2020 106341-106346 $3,500.60
PW-RSD FW PJ#106341-106346
273284 8/13/2020 KING COUNTY FINANCE DIVIE5/31/2020 105820-105828 $20,763 .60
PW/SWR-RSD FW#105820-105828
273284 8/13/2020 KING COUNTY FINANCE DIVIES/30/2020 106341-106346 $5,887 .45
PW-RSD FW PJ#106341-106346
273284 8/13/2020 KING COUNTY FINANCE DIV IE5/31/2020 105820-1 05828 $3,954 .97
PW/SWR-RSD FW #105820-105828
273284 8/13/2020 KING COUNTY FINANCE DIVIES/30/2020 106341-106346 $1,121.42
PW-RSD FWPJ#106341-106346
273284 8/13/2020 KING COUNTY FINANCE DIVIE5/31/2020 105820-105828 $3,389 .73
PW/SWR-RSD FW#105820-105828
SALARIES & WAGES $561.00
273288 8/13/2020 KPG INC , 6/5/2020 5-8620 $561 .00
SWM-AG19-182 ON-CALL SURVEY ING
SALES TAX PAYABLE $-3,036.21
717203485 7/17/2020 WA STATE REVENUE DEPART?/17/2020 601-223-5385 $-220.00
Fl-06/20 REMIT SALES TAX
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $-2 ,816 .21
Fl-06/20 REMIT SALES TAX DBC
SALES TAX PAYABLE-RECREAT $394.36
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $394.36
Fl-06/20 REMIT SALES TAX FWCC
SBCC SURCHARGE $491.50
273219 7/31/2020 WA STATE-STATE REVENUES,7/22/2020 JUNE 2020 $491 .50
Fl-06/20 SBCC SURCHARGE FEES
SEWER BILLINGS $3,161.68
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC7/6/2020 3461301 $2,914 ,56
FWCC-06/20 876 S 333RD DET M#6
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC7/2 7/2020 1014202 $44 ,60
PKM-07/20 312 DASH PT RD M#432
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC7/27/2020 1768602 $202.52
PKM-07/20 3200 DASH PT RD #163
SMALL TOOLS · SHOP $1,400.75
273119 7/31/2020 HOME DEPOT-DEPT 32-25007:7/20/2020 6514005 $12.06
CHS-REPAIR & MAINT SUPPLIES
27 3099 7/31/2020 ERNIE'S FUEL STOPS (OBA), 6/30/2020 474421CT $25.52
PKM-VEHICLE FUEL
273187 7/31/2020 SONSRAY MACHINERY LLC , 6/23/2020 P40171-08 $969 .54
P\/1/ST-MAINT SUPPLIES
273240 8/13/2020 AGR ISH O P INC , 7/30/2020 61764/1 $102.49
SWM-EQUIPMENT PARTS & REPAIRS
273240 8/13/2020 AGRISHOP INC, 7/29/2020 61755/1 $210.43
S\/1/M-EQUIPMENT PARTS & REPAIRS
273253 8/13/2020 COMPLETE OFFICE , 7/23/2020 1979355-1 $80 .71
PWST-OFFICE SUPPLIES
STATE COVID-19 GRANT MINOR EQUII $5,049.04
Key Bank Page 37 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273303 8/13/2020 MORGAN SOUND, INC, 8/13/2020 MSI091750 $5,049.04
IT-REMAINING BALANCE OF AG17-1
TAXES/ASSESSMENTS-INTERGOVT $5,385.69
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $90 ,10
Fl-06/20 REMIT SALES TAX DBC
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $-90.10
Fl-06/20 REMIT SALES TAX DBC
717203485 7/17/2020 WA STATE REVENUE DEPART?/17/2020 601-223-5385 $5,385.69
Fl-06/20 REMIT SALES TAX SWM
TELEPHONE SYSTEM EQUIP-MOTOR $841.94
273233 7/31/2020 ZONES INC, 7/10/2020 K15136040101 $765.40
IT-LOGITEC C925E WEB CAMERA.-
273233 7/31/2020 ZONES INC, 7/10/2020 K15136040101 $76 .54
Sales Tax
TIRES $4,536.98
273141 7/31/2020 LES SCHWAB TIRE CTRS OF 16/30/2020 37800476239 $889 ,24
FLT-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (4/16/2020 1-38637 $666.20
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/2/2020 1-39469 $343.00
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/8/2020 1-39523 $666.60
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/9/2020 1-39511 $330.97
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/10/2020 1-39556 $145.65
PD-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/15/2020 1-39576 $492.66
FLT-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE &AUTOMOTIVE (7/17/2020 1-39642 $333 .10
FLT-VEHICLE MAINT
273094 7/31/2020 EAGLE TIRE & AUTOMOTIVE (7/21/2020 1-39685 $669.56
PD-VEHICLE MAINT
TRAFFIC INFRACTIONS $144.76
273180 7/31/2020 RIORDAN, PATRICK 7/15/2020 0991800338436 $44 00
MC-REFUND OVERPAYMENT #0991800
273302 8/13/2020 MILGARD MANUFACTURING, 7/28/2020 0991700030810 $100.76
MC-REFUND OVERPAYMENT #0991700
TRANSPORTATION EQUIPMENT $293,075.46
273226 7/31/2020 WESTERN EQUIPMENT DISTF6/8/2020 8057559-00 $23,091 ,66
FLT-REPLACEMENT OF PARKS MAINT
273226 7/31/2020 WESTERN EQUIPMENT DISTF6/B/2020 8057559-00 $2,309.17
Sales Tax
273059 7/31/2020 ADVANCED TRAFFIC PRODUC7/10/2020 0000027172 $6,028.00
FLT-EMITTER
273062 7/31/2020 AL VAN EQUIP NW INC, 7/22/2020 13307 $10,863 13
PWFLT -UP-FITTING FOR INSPECT
273062 7/31/2020 AL VAN EQUIP NW INC, 7/22/2020 13307 $1,086.31
Sales Tax
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFEl?/2/2020 37533 $11,405.42
PD-VEHICLE REPAIR SVC
Key Bank Page 38 of 40
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFE17/20/2020 37549 $18,378.92
PD-VEHICLE REPAIR SVC
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFE17/20/2020 37550 $18,378 .92
PD-VEHICLE REPAIR SVC
273080 7/31/2020 COLUMBIA FORD, 7/15/2020 3-L975 $36,597 .00
PD-2020 FORD POLICE INTERCEPTO
273080 7/31/2020 COLUMBIA FORD, 7/15/2020 3-L975 $3,074 .15
Sales Tax
273080 7/31/2020 COLUMBIA FORD, 7/16/2020 3-L974 $36,597.00
PD-2020 FORD POLICE INTERCEPTO
273080 7/31/2020 COLUMBIA FORD, 7/16/2020 3-L974 $3,074 .15
Sales Tax
273200 7/31/2020 SYSTEMS FOR PUBLIC SAFE17/20/2020 37381 $11,732.26
PD-VEHICLE REPAIR SVC
273252 8/13/2020 COLUMBIA FORD, 7/28/2020 3-L956 $2,947 .64
Sales Tax
273252 8/13/2020 COLUMBIA FORD, 7/28/2020 3-L956 $35,091 .00
PD-2020 FORD TRANSIT FULL SIZE
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $61.75
FLT-TITLE PD TRUCKS
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $61.75
FLT-TITLE PD TRUCKS
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $42 .50
FLT-TITLE PD TRUCKS
273314 8/13/2020 PETTY CASH -Fl, 8/3/2020 033013 $85 .00
FLT-TITLE APPLICATION 2 PD TRU
273248 8/13/2020 BOWEN SCARFF FORD SALEat23/2020 E8742 $40,244.31
FLT-FORD F250 W/LIFTGATE
273248 8/13/2020 BOWEN SCARFF FORD SALEat23/2020 E9285 $31,595.65
FLT -FORD F150 FOR PARKS
273238 8/13/2020 ADVANCE AUTO PARTS, 8/5/2020 13144-399252 $20.89
FLT-VEHICLE MAINT
273328 8/13/2020 SCARFF FORD, 4/23/2020 23551 $308,88
FLT-VEHICLE MAINT SVC
USE TAX PAYABLE $2,624.93
717203485 7/17/2020 WA STATE REVENUE DEPART7/17/2020 601-223-5385 $2,624 .93
Fl-06/20 REMIT SALES TAX
WASTE DISPOSAL BILLIN.GS $12,662.66
273144 7/31/2020 LLOYD ENTERPRISES INC, 4/13/2020 3318144 $30.00
SWM-DUMP ASPHALT
273144 7/31/2020 LLOYD ENTERPRISES INC, 4/9/2020 3318114 $74 .13
SWM-DUMP ASPHALT
273144 7/31/2020 LLOYD ENTERPRISES INC, 5/28/2020 3318991 $30 ,00
SWM-DUMP ASPHALT
273144 7/31/2020 LLOYD ENTERPRISES INC, 6/23/2020 3319502 $31 .61
SWM-DUMPASPHALT
273194 7/31/2020 STERICYCLE INC, 6/30/2020 3005162692 $22.28
PD-MEDICAL WASTE REMOVAL SVC
273053 7/31/2020 ACTION SERVICES CORPOR,02/6/2020 104551 $80 .00
PWST-AG19-002, ST SWEEPING-
273053 7/31/2020 ACTION SERVICES CORPOR,03/31/2020 104944 $12,347.46
PWST-AG19-002, ST SWEEPING-
Key Bank Page 39 of 40
Check No. Date Vendor Invoice Date Invoice Descrietion AmountGL Total
273299 8/13/2020 LLOYD ENTERPRISES INC, 7/22/2020 3320046 $36.04
PWST-DUMP ASPHALT
273340 8/13/2020 STERICYCLE INC, 7/31/2020 3005201344 $11.14
PD-MEDICAL WASTE REMOVAL SVC
WATER BILLINGS $3,991.45
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3088801 $27 18
PWST-05/20 2000 312 ST S IRR M
273138 7/31 /2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3200201 $256 .09
PWST-05/20 32001 WEYERHAEUSER
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3642501 $27.18
PWST-05/20 30801 14TH AVES M#
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC?/6/2020 3518001 $50 ,83
PWST-06/20 35205 PACIFIC HWY S
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC6/17/2020 3653601 $181.06
PWST-05/20 30801 14TH AVES M#
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3657701 $27.18
PWST-05/20 1456 S 308TH ST 308
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3702201 $27 .18
PWST-05/20 1119 S DASH POINT R
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/17/2020 3791001 $61 .70
PWST-05/20 2139 S 316TH #19211
273138 7/31 /2020 LAKEHAVEN UTILITY DISTRIC6/17/2020 835904 $59.55
PWST-05/20 30421 16 AVES IRR
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/23/2020 3568001 $120 64
PWST-05/20 30399 PACIFIC HWY S
273100 7/31/2020 ETTINGER, ROBERT 7/28/2020 ETTINGER 2020 $156.98
PKDBC-MILEAGE REIMB
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC7/10/2020 2798301 $27.18
PKM-06/20 1499 SW 325TH PL IRR
273138 7/31 /2020 LAKEHAVEN UTILITY DISTRIC?/10/2020 2830801 $118,49
PKM-06/20 2700 340TH PL SW#90
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC?/15/2020 2781401 $27 .18
PKM-06/20 2501 349TH PL SW M#9
273138 7/31 /2020 LAKEHAVEN UTILITY DISTR IC?/21/2020 3059601 $27 .18
PKM-06/20 3200 349TH ST S M#98
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC'6/12/2020 3474201 $454.11
FWCC-06/20 876 S 333RD ST M#33
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC?/6/2020 3461301 $1,014.34
FWCC-06/20 876 S 333RD DET M#6
273138 7/31/2020 LAKEHAVEN UTILITY DISTRIC?/6/2020 3474301 $14 .10
FWCC-06/20 876 S 333RD DET M#6
273291 B/13/2020 LAKEHAVEN UTILITY DISTRIC?/27/2020 1014202 $116.34
PKM-07/20 312 DASH PT RD M#432
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC?/27/2020 2592802 $27 .18
PKM-07/20 1210 333 ST SW M#887
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC?/27/2020 2781501 $27.18
PKM-07/20 31200 DASH PT RD SW
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC?/27/2020 2906301 $174 ,61
PKM-07/20 312 DASH PT RD SW #4
273291 8/13/2020 LAKEHAVEN UTILITY DISTRIC?/15/2020 3341901 $27.18
PWST-06/20 1559 S 356 ST IRRIG
Key Bank
Check No . Date
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273291 8/13/2020
273217 7/31 /2020
273217 7/31/2020
273217 7/31/2020
273217 7/31/2020
Vendor Invoice Date Invoice Description
LAKEHAVEN UTILITY DISTRIC7/15/2020 3519201
PWST-06/20 3570022ND AVE SW IR
LAKEHAVEN UTILITY DISTRIC7/15/2020 3610801
PWST-06/20 1210 S 356TH ST M#4
LAKEHAVEN UTILITY DISTRIC7/15/2020 3687901
PWST-06/20 1221 S 352ND ST IRR
LAKEHAVEN UTILITY DISTRIC7/15/2020 3715101
PWST-06/20 35700 PACIFIC HWY S
LAKEHAVEN UTILITY DISTRIC7/15/2020 3715201
PWST-06/20 35700 PACIFIC HWY S
LAKEHAVEN UTILITY DISTRIC7/15/2020 3742601
PWST-06/20 1218 S 356TH ST IRR
LAKEHAVEN UTILITY DISTRIC7/15/2020 3776101
PWST-06/20 1510 S 348TH ST#19
LAKEHAVEN UTILITY DISTRIC'5/15/2020 3341901
PWST-04/20 1559 S 356 ST IRRIG
LAKEHAVEN UTI LITY DISTRIC7/15/2020 3042401
PWST-06/20 2500 336 ST SW IRR
LAKEHAVEN UTILITY DISTRIC7/15/2020 3341801
PWST-06/20 35826 16 AVE S I RRI
WKRS COMPENSATION/IND INS
WA STATE LABOR & INDUSTR7/28/2020
WA STATE LABOR & INDUSTR7/28/2020
WA STATE LABOR & INDUSTR7/28/2020
WA STATE LABOR & INDUSTR7/28/2020
Total
07/20/2020
08/05/2020
2ND QTR 2020
Fl-20/20 L&I VOLUNTEER HOURS
2ND QTR 2020
Fl-20/20 L&I VOLUNTEER HOURS
2ND QTR 2020
Fl-20/20 L&I VOLUNTEER HOURS
2ND QTR 2020
Fl -20/20 L&I VOLUNTEER HOURS
$4,299,888.85
CW-PAYROLL VOUCHERS 07/01-07/15
CW-PAYROLL VOUCHERS 07/16-07/31
$3,446,214.58
Page 40 of 40
AmountGL Total
$27 ,18
$27 ,18
$164.52
$401 ,61
$27 ,18
$184.42
$27 .18
$27 ,18
$27.18
$27 ,18
$2.18
$0 .06
$0 ,26
$1.47
$0 .39
$1 ,520 ,329 .83
$1,925,884 .75
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JULY 2020 MONTHLY FINANCIAL REPORT
ITEM#:
POLICY QUESTION: Should the Council approve the July 2020 Monthly Financial Report?
Sc
COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE:August 25, 2020
CATEGORY:
IZJ Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Ade Ariw oola, Finance Director
Attachments:
• July 2020 Monthly Financial Report
Options Considered:
1. Approve the July 2020 Monthly Financial Report as presented
• •
Public Hearing
Other
DEPT: Finance
2. Deny approval of the July 2020 Monthly Financial Report and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the July 2020 Monthly Financial Report to the September
1, 2020 consent agenda for approval.
jyoW\ V161 vOON\ '1~1,/11~
Committee Chair
c#J. fnnd~ V j vt 'U!m'I <3/z,s/zeio _~/~--
committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the July 2020 Monthly Financial Report."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED-08/12/2010
COUNCIL BILL#
18T reading
Enactment reading
ORDINANCE#
RESOLUTION#
CITYOf
Federal Way July 2020 Monthly Financial Report -Highlights
The following are highlights of the July 2020 Monthly Financial Report. Detailed financial information can be
found in the July 2020 Monthly Financial Report detail.
Notable Areas
1. Sales Tax is $0.19M or 2.4% below 2020 year-to-date budget, but $0.15M or 2.0% above 2019 year-to-date
collections.
2. CD Permits & Fees is $0.7M or 38.1% below 2020 year-to-date budget and $1.4M or 55.6% below 2019
year-to-date collections.
3. Utility Tax is $0.34M or 4.4% below 2020 year-to-date budget, but $1.56M or 26.8% above 2019 year-to-
date collections.
4. Business License Fees are 125K or 45.0% above 2020 year-to-date budget, and $221K or 121.8% above
2019 year-to-date collections. Business licensing has increased due to the City going live with the State
system. Fees received for the first year of business licenses is pro-rated to the businesses State anniversary
date, and therefore the revenue will grow more evenly throughout the year.
General & Street Fund Summary
Revenues are below the year-to-date budget by $1.2M or 5.4%. Property tax, Sales tax, criminal justice sales tax,
admissions tax, gambling tax, court and probation revenue, CD permits and fees, passport agency fees, parks and
general recreation fees, and interest earnings are primarily responsible for the decrease in revenues. Leasehold tax,
PW permits and fees, franchise fees, and business license fees are above the year-to-date budget.
Total General & Street Fund expenditures are below the year-to-date budget by $2.7M or 10.0%. Jail is under the
year-to-date budget by $799K or 44.9% primarily due to having lower average daily population (ADP) of inmates.
The budgeted ADP is 70, but actual ADP is 38.6 for January, 43.6 for February, 39.8 for March, 29.5 for April, 20.0
for May, and 18.1 for June. July ADP numbers will be available in the August report.
Property tax is above 2019 year-to-date actual by $64K or 1.1%, but below 2020 year-to-date budget by
$127K or 2.1 %.
Sales tax is above 2019 year-to-date actual by $0.15M or 2.0%, but below 2020 year-to-date budget by
$0.19M or 2.4%.
Additionally, criminal justice sales tax collected county-wide is below 2019 year-to-date actual by $119K
or 8.1 %, and below 2020 year-to-date budget by $105K or 7.3%.
Community Development permits and fees are below the 2019 year-to-date actual by $1.4M or 55.6%,
and below 2020 year-to-date budget by $0.7M or 38.1%. This is primarily due to receiving less large
project permit fees in 2020, and construction stopping due to Covid-19. In 2019, two large permit and
review fees were collected in February for Davita and Federal Way premier storage. We do not have as
many large projects scheduled in 2020 as 2019.
Court revenue is below 2019 year-to-date actual by $134K or 21.5%, and below 2020 year-to-date budget
by $125K or 20.4%. This is primarily due to a decrease in traffic and non-parking infraction enforcement.
Probation revenue is below 2019 year-to-date actual by $38K. As of the end of July, probation revenue is
$133K less than expenditures, although the probation division was intended to be self-sufficient. New state
law prevents the City from aggressive collection of both court and probation fees from indigent individuals;
most individuals in our courts are identified as indigents.
Admissions Tax was a new source ofrevenue in 2017. It is being paid monthly and as of the end of July,
the City has collected $62K, which is $235K below actuals last year. This is due to the AMC movie theater
being purchased by Sound Transit and closing, and a decrease in tax from other businesses due to the
Covid-19 pandemic.
Business License Fees is above 2020 year-to-date budget by $125K or 45.0%, and above 2019 year-to-date
actual by $221K or 121.8%. The City went live with the State system on October 3, 2019. Using the State
system allows us to see or find businesses that are located in Federal Way with a State license but without a
city license. We have professionally and aggressively gone after these businesses and it is paying off.
Park & General Recreation Fees is below 2020 year-to-date budget by $442K or 67.4%, and $477K or
69 .1 % below 2019 year-to-date actuals. This is primarily due to parks facilities closing due to Covid-19 on
March 12, 2020.
Designated Operating Funds
Expenditures are below 2020 year-to-d):lte budget by $1.52M or 13.7% and are primarily due to timing of payments
in Arterial Streets, Hotel/Motel Lodging Tax, Traffic Safety, Utility Tax Prop 1, Surface Water Management, and
the closure of Federal Way Community Center due to Covid-19.
Utility tax revenues received year-to-date as reported on the monthly financial report totals $7.4M and is $1.56M or
26.8% above 2019 year-to-date actual, but $0.34M or 4.4% below 2020 year-to-date budget.
The following is the comparison of 2020 year-to-date actual to 2019 year-to-date actual utility taxes by category:
Electricity-current year-to-date decrease by $83K or 3.2%
Gas -current year-to-date increase by $1 IOK or 13.2%
Solid Waste -current year-to-date increase by $13K or 2.2%
Cable -current year-to-date decrease by $17K or 2.0%.
Cellular -current year-to-date decrese by $66K or 14.9%.
The City received its first tax payment of $1.62M from Lakehaven for Water and Sewer from late June 2018
through June 2020. The tax that was levied took effect in March 2018.
Federal Way Community Center 2020 year-to-date revenues received of $384K is below 2020 year-to-date
budget by $290K or 43.1 %, and below 2019 year-to-date actual by $62 lK or 61.8%. 2020 year-to-date expenditures
of $803K is below 2020 year-to-date budget by $178K or 18.1 %, and below 2019 year-to-date actual by $568K or
41.4%. The ending fund balance of $1.5M meets the required reserve fund balance policy of $1.5M. Due to the
Covid-19 pandemic the Community Center closed to the public on March 12, 2020.
Real estate excise tax 2020 year-to-date revenues of$1.7M is below 2019 year-to-date actual by $760K or 31.2%,
and below the 2020 year-to-date budget by $196K or 10.4%. In July, there were 148 taxable residential sales (total
sales $59.9M / $297K tax), and two commercial sales (total sale $3.7M / $18K tax).
Lakehaven Utility District
The City signed an agreement with Lakehaven in 2016 for a 3.6% franchise fee, and in exchange the City will pay
for the fire hydrant maintenance and street lights that were initially paid for by Lakehaven and charged to the
citizens. The franchise fees received thru July amount to $58 lK; billings for fire hydrants and streetlights are
$389K. The billings for fire hydrants are quarterly, and streetlights are monthly. Revenue from the franchise
agreement is received monthly.
The City extended the 7.75% utility tax to Water and Sewer services in 2018. The Council action was challenged in
court and reached the Washington State Supreme Court. The Supreme Court decided in the City's favor and the
City received the first tax payment of$1.62M from Lakehaven for Water and Sewer from June 2018 through June
2020. The City levied the utility tax in March and took effect in March 2018.
CITY Of
Federal Way July 2020 Monthly Financial Report -Detail
GENERAL & STREET 2019 2020 YrD Budget \5. Actual
FUND SUMMARY Annual Annual YID Annual YfD YID Fawrable/ (Unfawrable)
Budget Actual Actual Budget Budget Actual $ %
Beginning Fund Balance $ 1 I ,662,052 $ I I ,662,052 $ I I ,662,052 $ 11,604,046 $ 11,604,046 $11,604,041 n/a n/a
Re\enues:
Prop ert y Taxe s 11,143,718 10,9 17,428 5,831 ,926 11,275,838 6,023 ,383 5,895,915 (127,469) -2 .1%
Sales Tax 15,555,486 15,908,863 7,443 ,232 14,457,381 7,77 6,303 7,590 ,320 (185,982 ) -2.4%
.
Criminal Justice Sales Tax 3,027,361 3,056,010 1,461,461 3,027,361 1,447,761 1,342 ,562 (105 ,199) -7.3%
Admiss io ns Tax 798 ,312 827,53 7 296,403 806,5 13 288 ,873 61,764 (227,109) -78.6%
Gambling Taxes 213,724 23 2,942 94,682 195,000 79,260 54,076 (25,1 84) -31.8%
State Shared Revenue 3,157,507 3,174,111 1,558 ,446 3,022,000 1,483 ,761 1,486,893 3,132 0.2%
Leasehold Tax 6,000 5,898 1,504 6,000 1,530 4,285 2,755 180.1%
Court Revenue 1,012,742 1,015,193 624,756 1,012,742 615 ,756 490,346 (125,409) -20.4%
Probation Revenue 188,459 160,622 103,958 188,459 109,934 66,361 (43,573) -39.6%
CD Pennits & Fees 3,859,114 4,546,432 2,5 30,990 2,201,255 1,814,942 1,124,006 (690,936) -38 .1%
PW Pennits & Fees 700,752 1,125,969 449,152 936,571 288 ,121 435,643 147,522 51.2%
Busin es s License Fees 531,491 406,66 6 I 81,263 622 ,0 00 277 ,243 402,030 124,788 45 .0"lo
Franchise Fees 1,186,578 1,092 ,423 41 7,955 1,198,444 263,943 263,943 -0.0%
Lakeha ven Franchise Fees 848 ,580 900 ,380 375 ,158 848 ,580 353 ,575 581 ,007 22 7,432 64.3%
Passport Agency Fees 68,000 89,645 57 ,234 68 ,500 43 ,734 19,845 (23,8 89) -54.6%
Park & General Recreation Fees 1,112,418 1,105,28 8 690 ,564 1,050,000 656,021 214,009 (442,0 12) -67.4%
Po lice Services 1,424,766 1,585,141 570,657 1,895,586 454,425 454,425 -0.0%
Ad1nin /Cash Management Fees 375,896 375 ,896 219,273 375,896 219,273 219,273 0 0.0%
Interest Earnings 175,616 241,881 109,227 168,216 75 ,962 47,361 (28,602) -37.7%
Miscellaneous/Other/Grants 1,248,537 1,273,177 609,963 1,151,075 551,465 738,557 187,092 33 .9%
Covid-19 Grants --. 3,079,626 ---n/a
Total Re\enues 46,635,058 48,041,503 23,627,803 47,587,043 22,825,264 21,492,621 (1,332,643) -5.8%
Expenditures:
City Council 493,462 422,167 285,754 508,211 343,995 309,342 34,653 10.1%
May or's Office 1,465,673 1,497 ,282 873 ,358 972,547 567•,3!9 491 ,100 76,219 13.4%
Co1TDnunit y De velopment 2,699,112 2,546,372 1,515 ,814 2,773,047 1,650,750 1,418,934 231 ,8 16 14.0"lo
Econo1nic Development 415,973 340 ,503 137,998 495,973 289,318 205,006 84,312 29 .1%
Human Services 966,388 871,103 537,181 1,153,524 672,889 454,946 217,943 32.4%
Finance 1,153,267 1,045,013 614,384 1,269,595 746,420 620,225 126,195 16.9%
Human Resources/City Clerk 1,171,179 1,113,978 471,286 1,068,865 623,505 485,410 138,094 22.1%
Law 1,550,895 1,607,291 912,680 1,685,403 957 ,035 862,816 94,219 9.8%
Municipal Court 1,384,797 1,403,941 799,748 1,461,681 852 ,647 771,287 81 ,360 9.5 %
Probation 355 ,508 348,498 193,678 367,468 204 ,221 199,125 5,096 2.5%
Jail 5,964,972 5,932 ,095 3,461,692 3,048,950 1,779,224 980,100 799,124 44 .9%
Police 21 ,305 ,693 21,225 ,938 12,381 ,326 22,161 ,963 12,927,812 12,615,658 312 ,154 2.4%
Parks & Recreation 4,224,351 4,231,231 2,307 ,354 4,313 ,304 2,192 ,596 2,0 35 ,119 157,477 7.2%
Lakehaven Fire Hydrant/Street Light 955,947 871,984 610,539 955,947 557,636 389,048 168,588 30.2%
Public Works 4,601,609 4,420,751 2,247,975 4,509,364 2,293 ,035 2,163,220 129,815 5.7%
Total Expenditures 48,708,826 47,878,147 27,350,767 46,745,842 26,658,401 24,001,336 2,657,065 10.0%
Re\enues o\er/(under) Expenditures (2,073,768) 163,356 (3,722,964) 841,201 (3,833,137) (2,508,715) 1,324,422 34.6%
Other Sources:
Ongoing Transfers In:
Traffic Safety for Operations 1,470,333 1,470,333 1,470,333 1,549,087 377,777 377,777 . 0.0%
Utility Tax for Operations 8,058,122 5,713,801 3,7 77,566 8,030 ,881 5,139,229 5,139,229 -0.0"lo
Other Transfers In 549,199 40,000 105,000 1,361 ,741 43 ,000 43,000 . O.O"lo
Total Other Financin2 Sources 10,077,654 7,224 ,134 5.352,899 10..956,380 5,560,006 5,560 ,006 . 0.0%
Other Uses:
Transfers Out/Other 3,349,243 1,963 ,898 557 ,329 7,938,982 2,272,480 2,272,480 . 0.0%
No n-Departmental Internal Service Charges 5,897,461 5,481 ,602 3,394,795 5,940,719 3,465 ,420 3,465,420 . 0.0%
Total Other Financing Uses 9,246,704 7,445,500 3,952,124 13,879,701 5,737,900 5,737,900 . 0.0%
Total Fnding Fund Balance $10,419.234 $ 11.604.041 $ 9.339 ,863 $ 9.521,926 $ 7.593.015 $ 8,917.434 n/a n/a
DESIGNATED OPERATING 2019 2020 Yl1> Bud&et w. Actual
FUNDS SUMMARY Annual Annual YID Annual YID YID Fawrable/(Uifawrable)
Bmli[et Actual Actual Bmli[et Budeet Actual s o/o
Be~inning Fund Balance $22,163,689 $22,163,685 $ 22,163,685 $24,959,772 $24,959,772 $24,959,751 n/a nla
Rewnues:
Utility Tax 9,108,135 8,593,469 4,498.101 11.147,187 6,000,947 5,704,457 (296,490) -4.9%
Utility Tax-Prop 1 Voter Package 2.675.891 2,508,615 1.314.132 3.150,360 1.709.609 1.665.420 (44.188) -2 6o/ct
Affordable Housing Sales Tax . . . 41,020 23.928 51,323 27,395 1145%
Hotel/Motel Lodging Tax 300,000 292.986 132,495 300,000 129,485 74.523 (54.963) -42_4%
Real Estate Excise Tax 4.647.564 5.171.643 2.439.415 3.640.000 1.875.019 1,679,480 (195,539) -104%
Property Tax-King Co Expansion Levy 160,000 196,176 91,291 160,000 74,456 119,173 44,716 60.1%
State Shared Revenue 539.000 552,996 263.986 539.000 257.305 222.242 (35.063) -]3_6%
Traffic Safety (Red Light/School Zone) 3,802,000 3,577,248 2,241,819 2,872,442 1,800,125 1,443,650 (356,476) -19.8%
Federal Way Connnunity Center 1.968.351 1,748.651 1,004.794 1.174.360 674.197 383.889 (290.308) -43.1%
Dumas Bay Centre Fund 938,751 925.917 538,622 359,661 211,310 126,979 (84,332) -39,9%
Performing Arts & Event Ctr Operations 1,059,967 1,259,655 245,373 441,272 257,409 342.944 85,535 33.2%
Surface Water Management Fees 4.260.392 4.339.632 2.368.140 4.260.392 2,324.898 2,379,190 54,291 23%
Refuse Collection Fees 413,496 421,101 241,871 437,560 251,325 261.297 9,972 4.0%
Automation Fees 20.000 2.991 313 155.223 95.725 95.725 . 00%
Interest Earnings 196,305 508,831 245,038 185,305 89,238 147,412 58,174 65.2%
Miscel1aneous/Other/Grants/Contribution from SCORE 702,534 1,641,383 135,877 679.785 55.124 55.124 -00%
Total Rewnues 30,792,386 31.741,294 15.761.267 29,543,567 15,830,102 14,752,828 (1,077,274) -6.8%
Expenditures:
Arterial Streets 0verlav .Proo:ram 1,625.064 1.646.344 1.084.113 2.692,120 1.772,754 1.167.563 605.191 341%
Utilitv TaxAdmin/C-ash Mamt Fees -41.020 -. nla
Solid Waste & Recvclinn: 595.549 515,765 277.912 596.800 348,133 2Jl4.267 63,866 18_3%
Hotel/Motel Lodging Tax 394.700 167.985 23.603 300.000 42.152 9,089 33,063 784'%
Traffic Safety (Red 'Light/School Zone) 2,586,203 2,571,099 1,312,606 2,640,639 1,348,108 1,283,880 64,228 48%
Utility TaxProposition 1 3.446.374 3,170.406 1.836.370 4.075.246 2.360.474 2.122.338 238.136 ]0_]%
Debt Service (Debt & Admin Fee) 2,152,510 1,268,564 214,636 2,969,957 679,039 679,039 00%
Federal Way Connnunity Center 2,314,036 2,456,184 1,371,519 1,756,615 980,833 803.191 177,641 181%
Performing Arts & Event Or Operations 2.078.407 2.589.531 383.612 1.331.690 776.819 902.750 (125,931) -16.2%1
Technology Fund 15,986 --67,100 16,775 . 16,775 100.0%
Dumas Bay Centre Fund 955.872 905,194 452.647 650.087 324.817 358.600 (33.783) -104%
Surface Water Management 4,295,628 3,909,935 2,192,141 4,316,758 2,420,230 1,940,718 479,512 19.8%
Total Expenditures 20,460,330 19,201,008 9,149,160 21,438,032 11,070,134 9,551,436 1,518,698 13.7%
ReW!nues owr/(undtr) Es.penc:itures 10,332,057 12,540,286 6,612,108 8,105,535 4 ,759.968 5,201.392 441,424 9.3%
Other Sources:
Ongoing Transfers In:
Utility Tax/GF for DBC Oper/Reserves 23,000 . . 283,371 194,075 194,075 0.0"/4
Utilitv Tax/GF for FWCC ()per/Reserves 387.000 387.000 333.883 883.987 724.637 724.637 0 0"/4
Utilitv Tax/Gen. Fund/REET for Debt 813.473 2.113.473 813.473 2.328.567 2.328.567 2.328.567 00"/4
Utility Tax to Strate2ic Reserve 44.570 44.570 44.570 ----n/a
Utilitv Tax for Arterial Streets 0verlav C . 375.000 --nla
REET for Arterial Streets 0veriav 1.417.461 1.648.387 1.013.000 1.282.074 412.048 412.048 00"/4
R.EET for Parks Reserve . . . 45.000 45.000 45,000 0 .0"/4
RefundinJZ -SCORE 13.982.290 12.723.952 . -. -. nla
Utilitv Tax/GF for PAEC/Proc. from Sale ofTPISCORE Contr. 2.297.339 2 ,296.484 959.985 1.947.371 1.019.467 1.019.467 . 0.0"/4
Total Other Sources 18,965,133 19,213,866 3,164,911 7,145,370 4,723,794 4,723,794 -0.0%
Other Uses:
Ongoing Transfer Out:
Traffic Safety (Red Li_ght/School Zone) 1.560.333 1,560,333 1,470.333 1,549.087 377.777 377.777 -0.0"/o
Utility Taxto FWCCOper/Reserves 387.000 387.000 333.883 312.000 312,000 312,000 . 0 0"/4
Utilitv Tax to DBC Oper/Reserves 23.000 --23.000 23.000 23.000 . 0,0"/4
Utillitv Tax to General/Street Oper/Dbt/Str Rsv/Bld!! Fnd 8.058.122 7.51.3.801 3 .777.566 8.899.293 5.487.918 5.487.918 . 0.()%
Utilitv Tax to Arterial Streets 0verlav ---375.000 . . . n/a
REEr to ArterialStreets 0verlav 1.013.000 1.013.000 1.0U.000 1.282.074 412.048 412.048 . 0.0"/o
REET to Pai:ks Reserve Fund 25.000 .25_llOO 4.5.000 45.000 45.000 . 0,0"/4
REET to Debt Service/PA.EC Cap.ital 1.363.37Q 1.363.370 1.363.370 1.328.567 1.328.567 1.328.567 . 0.0"/4
RFET to PAEC CJP Fund 1.000.000 1.000.000 . . . nla
SCORE Debt Serv..ice 13.000.000 12.659.667 --. . nla
T..nmsfersJOther/Unalloc lS/St.aue2ic Rsv Prooertv Purchase 4,479.984 3.435..907 909.831 4 .421.433 77.108 77.108 . 0,0"/4
Total Other lkes 30,909,809 28,958,078 8,867,983 18,235,454 8,063,418 8,063,418 . 0.0%
F.ndng Fund Balance
Arterial Streets 0ver]ay 127,618 621,582 318,945 502,619 -99,999 nle n/a
Utility Tax (non-Prop I) 1,500,000 1,569,984 i 1,500,000 1,506,932 -1.500.000 nla nla
Utility Tax-Prop 1 Voter Package 1.012.102 1.144.640 j 999,998 1.027.012 . 1,040,033 nla nla
Affordab]e & Supportive Housing Sales & Use Tax --! ---51,323 n/a nla
Solid Waste & Recy cling 88.942 194.473 i 130.136 166.146 -176.468 nla n/a
Hotel/Motel Lodging Tax 1,089,180 1,329,005 i 1,298,574 1,335,006 . 1,399,292 nla nla
Federal Way Connnunity Center 1,590.275 1,208.268 1,500.000 1,500.000 -1,499.999 nla n/a
Traffic Safety Fund 1.578.075 1,389.467 1,385.045 270.442 -1,200,001 nla nla
Real Estate Excise Tex Fund 2,667,131 3,219,084 3,097,248 2,070,443 . 3,124.332 nla nla
Performing Arts & Event Qr Operations 96,638 (110,536) (111,322) 0 (0) nla nla
Paths & Trails 1.151.997 1,191.437 1,068,879 1,360,437 1,319,069 nla n/a
Technology Fund 4,014 2,991 313 91,136 . 98,737 nla nla
Strategic Reserve Fund 2.998.000 3,573.800 2.745.605 3.599.800 . 3.586.632 nla nla
Parks Resenre Fund 1,075,796 1,080,793 1,278,103 1,130,793 -1,129,835 nla nla
Debt Service Fund 2,597.201 3,933,732 3.590.374 3,322.342 . 5.598.977 n/a nla
Surface Water Management 1.386.527 3,009.977 2.600,382 2.592.114 . 3,496,840 nla nle
Dumas Bay Centre Fund 1,587,574 1,601,055 1,670,436 1,500,001 -1,499.999 nla nla
Toul Ehciil!l Fund Bolao,,c 520,551,070 S 24,959,751 S 23,072,716 S 21,975,223 s -$ 26,821.535 n/a n/a
Sales Tax
Compared to year-to-date 2019 actual, sales tax revenues are above by $147K or 2.0%. Compared to 2020 year-to-date budget,
sales tax revenues are below by $186K or 2.4%. There is usually a two month lag in sales tax revenue. The sales tax collected for
May 2020 is paid to the City in July 2020.
LOCAL RETAIL SAL~ TAX REVENUES
YID July
Fawrable/(Unfawrable)
2019 2020 Change from 2019 YID Actual \!i Budget
Month Actual Budget Actual $ % $ %
Jan $ -------
Feb 1,501,715 1,600,006 1,632,752 131,037 8.7% 32,746 2.0%
Mar 1,104,726 1,132,842 1,182,535 77,809 7.0% 49,693 4.4%
Apr 997,513 1,132,558 1,066,267 68,754 6.9% (66,291) -5 .9%
May 1,346,880 1,353,658 1,130,545 (216,335) -16.1% (223J 13) -16.5%
Jun 1,229,332 1,228,929 1,154,633 (74,699) -6.1% (74,296) -6.0%
Jul 1,263,066 1,328,309 1,423,588 160.522 12.7% 95,279 7.2%
Aug 1,502,252 1,280,196 ----.
Sep 1,401,269 1,194J40 ----.
Oct 1,438,593 1,225,947 . ----
Nov 1,528,439 1,302,513 -----
Dec 2,595,078 1,678,282 . . ---
YfDTotal $ 7.443,232 $ 7.776,303 $ 7,590,320 $ 147.088 2.0% $ (185 ,983) -2.4%
Annual Total $ 15 ,908,863 $ 14,457,381 n/a n/a n/a n/a n/a
COMPARISON OF SALES TAX COLLECTIONS BYS IC GROUP
Fawrable/(Thfawrable)
Compment 2019 2020 Change from 2019
Groop Actual Actual $ % Ex~anation
Retail Trade $ 3,749,341 $ 3,776,347 $ 27,006 0.7% Up $159K-Qneral Merchandise, Miscellaneous Store Retailers, Gisoline Stations, Food &
Beverage, Nonstore, Building Material & Girden
Down $132K-Health & Personal Care, Motor Vehicle, Furnitur and Home Furnishings,
Electronics & Appliances, Clothing & Accessories, Sporting Giods/Hobbies
Services 1,788,161 1,513,069 (275,092) -154% Up $58K-Administrative & Support Services
Down $333K-Accmrndation, Nursing & Residental Care, Educational Services, Ambulatory
Health Care Service, Professional, Scientific, & Technology, AITU1sement & Gnnbling, Personal &
laundry Services, Perfomring Arts, Hospitals, Food Services, Drinking Places
Construct 870,885 1,311,871 440,987 50.6% Qneral Increase
Wholesaling 263,306 257,322 (5 .984) -2.3% Down $6K-Wholesale Trade Durable & Nondurable goods
Transp/Ulility 2,998 1,678 (1,321) -44 .0% Qneral Decrease
Information 322,069 314,676 (7,393) -2.3% Up $1 IK-Internet Services, Other Information Services
Down $18K-Telecommunications, Publishing, Motion Picture & Sound Recording
Manufacturing %,191 81,995 (14,1%) -14 .8% Qneral Decrease
-Givernmmt 120,451 107,057 (13,394) -11.1% ·Qneral Decrease
Fin/Insurance 190,517 203,138 12,622 6.6¾ Up $18K Real Estate, Insurance Carriers & Related
/Real Estate
Down $5K Credit Intermediation, Rental & Leasing Services
Other 39,314 23,167 (16,147) -41.1% G!neral Decrease
YID Total s 7,443,233 s 7,.590,320 s 147,087 2.0%
SALES TAX COMPARISON by ARFA
Year-to-Date July
Favorable/(Unfavorable)
Chg rrom2019
Location 2019 2020 $ % Explanation
YTD Sales Tax $ 7,443,232 $ 7,590,320 $ 147,088 2.0%
S 348th Retail Block 1,076,973 1,227,236 150,262 14.0% Up $207K -General Merchandise, Retail Misc. Store,
Retail Bldg. Materials. Retail Electronis & Appliances
Down $57K -Retail Eating/Drinking. Retail
Automative/Gas
The Commons 505,728 407,035 (98,693) -19.5%
Down $99K Retail Electronics/Appliances, Retail General
Merchandise, & Apparel and Accessories, Eating &
Drinking. Misc Retail Trade
S312th to S316th 405,351 432,704 27.353 6.7% General Increase
Pavilion Center 228,990 193,609 (35,382) -15.5% General Decrease
Hotels & Motels 96,949 58,863 (38,086) -39.3% General Decrease
Gateway Center 97.178 73.704 (23,474) -24.2%
Down $23K Food & Beverage, & Telecommunications
Utility Tax (Total 7. 75%)
The utility taxes year-to-date is $1.56M or 26.8% above 2019 year-to-date actual, but $0.34M or 4.4% below 2020 year-to-date
budget. There is usually a two month lag in utility tax revenue. The utility tax collected by utility companies for May 2020 is paid
to the City in July 2020.
UTILITY TAXES .
Year-to-date thru July
Famrable/(Unfamrable)
2019 2020 Change from 2019 YfD Actual vs Budget
Month Actual Budget Actual $ Var % Var $ Var % Var
Jan $ 521 $ 645 $ 372 $ (]49) -28.6% $ (273) -42.3%
Feb 780,534 1,027,339 996,007 215,473 27.6% (31,332) -3.0%
Mar 1,108,776 1,129,815 1,122,530 13,755 1.2% (7,285) -0.6%
Apr 1,376,813 1,182,847 1,096,086 (280,727) -20.4% (86,761) -7.3%
May 939,409 930,790 963,935 24,526 2.6% 33,145 3.6%
Jun 815,993 991,572 797,507 (18,486) -2.3% (194,065) -19.6%
Jul 797,684 2,467,548 2,398,996 1,601,312 200.7% (68,552) -2.8%
Aug 785,130 646,512 -----
Sept 786,724 1,277,541 -----
Oct 866,190 1,136,640 --·---
Nov 771,503 941,713 ----
Dec 2,080,305 2,584,585 -----
YfD Subtotal $ 5,819,729 $ 7,730,556 $ 7,375,433 $ 1,555,704 26.7% $ (355,123) -4.6%
Rebate (7,497) (20,000) (5,556) 1,941 0.0% 14,444 -72.2%
YfDTotal. $ 5,812,232 $ 7,710,556 $ 7,369,878 $ 1,557,645 26.8% $ (340 678) -4.4%
Annual Total $ 11,102,084 $ 14,297.547 n/a n/a n/a n/a n/a
The City of Federal Way provides a utility tax rebate for qualifying individuals that have paid for Utility bills within the City of
Federal Way, who are 65 year or older, disabled/unable to work, and qualify as low inc ome during the affected calendar year.
This is an annual pro gram that opens January 1st and closes April 30th of each year. The City processed 115 rebates at a total cost of
$12K in 2017. The City processed 87 rebates at a total cost of $10K annually in 2018. The City processed 74 rebates in 2019, for a
total of $7,497. The City has processed 52 rebates so far in 2020, for a total of $5,556. Due to COVID-19 we accepted applications
through the end of May instead of April.
The City was in litigation with Lakehaven and other water and sewer providers in Federal Way regarding the 7.75% excise tax
ordinance extended to business activities of public and private water and sewer utilities. The City has spent $33K this year in legal
costs and $302K life-to-date related to this litigation. The Supreme Court decided in the City's favor and the City received the first
tax payment of$ l .62M from Lakehaven for Water and Sewer from June 2018 through June 2020.
UflLITVTAXES -by Type
Year-to-date thru July
Utility 2019 2020
Type Actual Actual
Electric $ 2,616,384 $ 2,533,435 $
o,;s 834,614 944,732
Water/Sewer -1,620,979
Solid Waste 570,909 583,680
Cable 860,714 843,498
Phone 328,629 285,902
Cellular 444,841 378,353
Pager 31 23
SWM 163,607 184,832
Tax Rebate (7,497) (5,556)
YfDTotal $ 5.812,232 $ 7,369,878 $
Proposition 1 Voter-Approved Utility Tax
Famrable/(Unfawrable)
Change from 2019
$ %
(82,949) -3.2%
110,118 13_2%
1,620,979 n/a
12,771 2.2%
{17,216) -2 .0%
(42,728) -13.0%
(66,488) -14,9%
(8) -25 ,5%
21,225 13.0%
1,941 0_()%
1,557.645 26.8%
Water/Sewer Litigation
I I Project-to-Date
Month-to-Date YTD2020 Actual
$ -$ 33,245 $ 301,558
*includes cost of ordinance review prior to actual litigation
*Provided by the Law Department
*The City had a favorable outcome in the lawsuit and is expecting
about $1.0 million a year in new revenue.
2020 Pr~p 1 expenditures year-to-date of $2.12M or 52.1 % of the $4. lM annual budget. Current life-to-date Prop 1 Utility tax
collections and transfer is $40.IM and expenditures is $39.IM.
2019
PROPl
2020 Life
Budget Actual Budget Actual To Date
Beginning Balance: 1,002.101 1 002,101 1,144,644 1,144,644 n/a
OPERA TING REVENUES
January 144 1,946 143 84 1,607,808
February 229,669 177,223 228,81 I 225,638 3,270,893
March 267,871 251,743 266,871 255,()45 3,924.934
April 214.865 311 ,990 214,063 248,012 3,528,611
May 201,696 213,668 200,943 217,959 3,260,891
June 263,038 185,966 262,056 180,329 3,430,081
July 167,123 181,745 536,722 541,971 3,069,563
August 119,523 178,649 140,624 -2,374,458
September 266,981 179,080 277,881 -2,621,341
October 237,812 196,974 247,233 -3,057,431
November 168.592 175,409 204.834 -2,501,920
December 538,577 478,067 570,179 -5,333,530
Total Prop 1 Revenues: 2,675,891 2,532,461 3,150,360 1,669,038 37,981 ,459
Transfer in from Utility Tax Fund 780,484 780,484 807,254 348,689 2,112 ,984
OPERA TING EXPENDITURES
Public Safety Improvement Positions & Costs:
Police Services (includes 1 Records Specialist, 16 Police
Officers, & 2 Lieutenants) 2,756 ,239 2.552,946 2,764,419 1,414.302 29,470,481
Court Services (includes .50 Judge, 1 Court Clerk, and Pro
Tern Pay , Public Defender contract, 1.5 Prosecutors) 428 ,393 336,221 1,041,159 541.659 5,040,416
Total Public Safety Improvement Costs 3,184,632 2,889,166 3 ,805,577 1,955,961 34,510,897
Community Safety Program Costs:
1 Code Enforcement Officer 91,119 96,088 95,218 58,908 772.538
.5 Assistant City Attorney 67,186 68,820 71,013 42,082 814,783
I Parks Maintenance Worker I & Security 103,437 116,328 103,437 65,387 1,405.482
Total Community Safety Improvement Costs 261 ,742 281 ,235 269 ,667 166,378 2,992,803
Indirect Support -HR Analyst ----291,695
SafeCity M&O ----245.929
Subtotal Ongoing Expenditures ----537,624
SafeCity Startup ----189,066
Other Transfer-Prop 1 OT for Police ----824.021
Subtotal Other Expenditures ----1,013,087
Total Prop 1 Expemitures: 3,446,374 3,170,402 4,075,245 2,122,339 39,054,411
Total F.mln2 Fund Balance: $ 1,012,102 $ 1,144,644 $ 1,027,013 $ 1,040,032 $ 1.040.032
Real Estate Excise Tax
Compared to 2019 year-to-date
actuals, collections are below by
$760K or 31.2%. July's receipt
of $31 SK is above July 2020's
projections by $35K or 12.5%.
July 2020 activities include 150
real estate transactions, of which
none were tax exempt. There
were 148 taxable residential sales
(total sales $59.9M / $297K tax),
and 2 commercial sales (total
sales $3.7M / $18K tax).
Hotel/Motel Lodging Tax
Hotel/Motel lodging tax
received year-to-date in 2020 is
$75K and is below 2019's year-
to-date collections by $58K or
43.8%. 2020 year-to-date
receipts are below year-to-date
projections by $55K or 42.4%.
The lodging tax collected for
May 2020 is paid to the City in
July 2020.
Permit Activity
Building, planning, and zoning
permit activities are below
20 l 9's year-to-date activity by
$1.4M or 55.6%. Compared
to year-to-date budget, permit
activity is below by $0. 7M or
38.1%.
Month
Jan
Feb
Mar
Apr
Mav
Jun
Jul
Aug
Sep
Oct
Nov
Dec
YJ1) Total
Annual Total
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
YJl)Total
Annual Total
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
YTDTotal $
Annual Total $
RMI, ESTA TE EXCISE TAX REVENUES
Year-to-date thru July
Fawrable/(Unfawrable)
2019 2020 Change from 2019 YJl) Actual vs Budget
Actual Budget Actual $ % $ %
$ 242.395 $ 203.482 $ 193.226 $ (49.168) -20.3% $ (10.256) -5.0%
588.487 272,795 273,266 (315.221) -53.6% 471 0.2%
253,664 327.064 164.884 (88.779) -35.0% (162.180) -49.6%
237.306 230.335 185.348 (51.958) -21.9% (44,987) -19.5%
296.386 248.915 309.742 13.357 4.5% 60.827 24.4%
493.407 312.327 237.980 (255.426) -51.8% (74.347) -23 .8%
327.771 280.100 315.033 (12.738) -3 .9% 34,932 12.5%
799.244 343,289 -----
349,971 332,585 -----
388.533 383.030 -----
258.753 286,079 . ---.
935.728 419.997 . ----
2,439,415 1,875,019 1,679,480 (759,934' -31.2% (195,539) -10.4%
$ 5,171,643 $ 3,640,000 n/a n/a n/a n/a n/a
HOTil./MOTFL WDGING TAX REVEN~
Year-to-date tl,ru July
Fawrable/(Unfawrable)
2019 2020 Chan_ge from 2019 "\TD Actual vs Budget
Actual Budget Actual $ % $ %
$ -$ -$ -$ --$ -.
22,862 18,263 20,477 (2,384) -10.4% 2,215 12.1%
17,340 17,615 18,201 861 5.0% 585 3.3%
21,015 21,984 12,425 (8,590) -40.9% (9,559) -43.5%
26,343 25,283 6,289 (20,054) -76.1% (18,993) -75.1%
21.450 21,466 11 ,734 (9,716) -45.3% (9,733) -45.3%
23,485 24,875 5,397 (18,088) -77.0% (19,478) -78.3%
31,724 32,603 ---. .
31,912 35,477 -----
32,607 36,348 ---. .
26,575 27,969 -----
37,672 38,118 ---. -
$ 132,495 $ 129,485 $ 74,523 $ (57,973) 43.8% $ (54,963) 42.4%
$ 292,986 $ 300,000 n/a n/a n/a n/a n/a
BUILDING& LAND USEPFRMITS AND FEES (CD)
Year-to-date thru J ulv
Fawrable/(Unfawrable)
2019 2020 Chanj!;e from 2019 YTD Actual vs Budl!;et
Actual Budget Actual $ % $ %
203,996 171,645 170,936 (33,060) -16.2% (709) -0.4%
371,050 321.145 164,352 (206,697) -55 .7% (156,793) -48.8%
217,643 251,596 198,647 (18,996) -8 .7% (52,949) -21.0%
510,894 328,862 208,283 (302,610) -59.2% (120,579) -36.7%
825,324 416,781 143,034 (682,290) -82.7% (273,748) -65.7%
163,185 240,387 162,861 (325) -0.2% (77,527) -32.3%
238,899 84,525 75,894 (163,005) -68.2% (8,632) -10.2%
436,819 85,663 ----.
181,193 71,187 -----
600,317 93,213 -----
359,558 71,605 -----
437,556 64,645 -----
2,530.990 $ 1,814 ,942 $1,124.006 $ (1.406,984) -55.6% $ (690.936) -38.1%
4,546 432 $ 2.201.255 n/a n/a n/a n/a n/a
Police Department
The total overtime budget of$ 1.0 lM consists of $767K for City overtime and $239K for billable time.
Compared to 2020 year-to-date budget, City's portion of overtime is $103K or 22.4% above year-to-date projections.
Compared to year-to-date 2019 actuals, City's portion of overtime is above by $23K or 4.3%. Including the increase in billable
overtime, total overtime increased by $8K or 1.1 % above the same time last year.
The July overtime decrease of $28K below 2019 year-to-date actual is primarily due to a decrease in shift-call in and shift extension
for special investigations.
PD Owrtime II)· Month
PD Owrtime by Type Year-to-date thru July
Year-to-date thru July (Famrable)/Unfamrable
(Famrable)/Unfamrable 2019 2020 Changefrom2019 YrD Actual "' Budget
2019 2020 Change from 2019 Month Actual Budget Actual $ % $ %
Tvne Actual Actual $ l % Jan s 58,150 $ 63,246 $ 127,979 s 69,829 120.1% $ 64,733 102.4%
Training $ 3,796 $ 6,782 $ 2.986' 78.7% Feb 52,654 59,371 101,411 48.757 92.6% 42.041 70 .8%
Court 16,305 8,173 (8,132) -49.9% Mar 56,669 55.457 64,125 7.455 13.2% 8,667 15.6%
Field Oper 434.074 487.622 53.549 12.3% Apr 75.230 59.808 44.288 (30,942) -41.1% (15,520) -25,9%
Other 86.798 61,828 (24,970) -28.8% May 85,669 70,270 66,174 (19,495) -22,8% (4,096) -5 .8%
Citv Portion 540 ,972 564.405 23 ,433 4.3% Jun 90,055 64,846 65,514 (24,540) -27.3% 669 1.0%
Contract/Grant 190.762 177.609 (13.153) -6.9% Jul 122,545 88,019 94.915 (27,631) -22.5% 6,895 7.8%
Traffic Schoo I 2,252 -(2,252)
Billable I 93.013 177.609 (15.404) -8.0%
Aug 64,118 54,863 ----
Sep 67,299 56.368 ----
Oct 93.804 73.193 -----
YTD Total $ 733.986 $ 742.014 $ 8.028 1.1% Nov 67.610 61,761 ----
Dec 113,705 59,954 --
City Portion 540,972 461,016 564,405 23.433 4.3% 103,389 22.4%
Billable 193,013 139,125 177,609 (15,404) -8.()% 38.484 27.7%
YrDTotal s 733,986 s 600.141 $ 742.014 $ 8.028 1.1% S 141.873 23.6%
Billable $ 190.500 $ 99,375 $ -s --$ --
Annual Total $1,331.021 $ 1.005.655 n/a n/a n/a n/a n/a
Jail Services
The City discontinued its relationship with SCORE as of December 31, 2019. The City now has multiple contracts with other
governmental agencies for its jail services. The total jail budget is $3.05M and it is for jail services, salaries and wages for a jail
coordinator, 2 jail transport officers, and equipment and vehicles needed to transport inmates.
Jail and Alternatives to Confinement
2018 2019 2020
Annual Actual Annual Actual Annual Bu<h!:et YTDActual
Other Jail & Alternative Programs $ 126.507 $ 114,830 $ 35,000 $ 1,197
Salaries & Benefits --335,736 181,670
Supplies ---1,342
Intergovernmental Jail Services/SCORE 6,290,972 5,817,265 2,540,300 768,831
Machinery & Eauipment & Reserves --137,914 27,060
Total $ 6,417,479 $ 5,932.095 $ 3.048.950 $ 980,100
Debt Service Payments -889,718 934,390 227,103
Total Jail Cost $ 6,417 ,479 $ 6,821,813 $ 3,983.340 $ 1.207,203
Intergovernmental jail services in 2018 and2019 are payments to SCORE
2018 Debt Service of$934Kwas paid for by SCORE In 2019 SCORE Debt was refinanced and includes debt service refinance costs.
The jail budget was reduced by $380K in the budget adjustment passed in July 2020. The original budget for jail was $4,363,340
including debt service payments.
In addition to the $3.05 million budget above, the City continues to be liable for its portion of the debt service on the SCORE
building. The total remaining principal debt the City owes as of 12/31/2019 for SCORE is $10,945,000.
Traffic Safety -Red Light I School Zone
Traffic Safety Red light & school zone enforcement revenues are accounted for in the Traffic Safety Fund to be used for, but not
limited to prevention, education, and enforcement efforts related to traffic safety and compliance with traffic control devices within
the City, including maintenance and operations costs. Traffic Safety Fund pays for 1 Lieutenant, 7 Police Officers, 3 City Traffic
positions, Municipal Court security services, red light photo services, Valleycomm emergency communication services, School
Zone Enhancements capital improvement projects, and patrol vehicles.
2019 2020 Variance
Fa\Orable/(Unfa\Orable)
Gross Payments Salaries & Wages Net Gross Payments Salaries & Wages Net
Mon th Rcwnue to ATS & Crt Securit)' Re\Cnue Rewnue to ATS & Crt Security Re\Cnue $ Variance % Variance
Jan s 397,776 s -s (147,542) s 250,234 $ 257,784 s s (144,627) s 113.158 s (137,076) -54.8%
Feb 263,413 (52,250) (154.701) 56,462 269.723 (38.934) (156,989) 73.800 17.338 30.7%
Mar 216,489 (52,250) (153.618) 10,621 256,700 (52.250) (157.143) 47.307 36.685 345.4%
Apr 355 ,041 (156,119) 198,922 300,444 (26.125) (156,356) 117.963 (80,959) -40,7%
May 294,168 (52,250) (166.599) 75.319 110.173 (28.500) (157,225) (75,553) (150,872) -200.3%
Jun 405,464 -(222.438) 183,026 112.718 (156.122) (43.404) (226.430) -123.7%
Jul 309,469 . (154,840) 154,630 136,108 (57.000) (152,610) (73,501) (228,131) -147.5%
Aug 237,046 -(146.615) 90,431 -. --(90.431) -100.0%
Sep 249.582 (156,750) (145.876) (53,044) ----53,044 -100.0%
Oct 299.469 (52,250) (156,400) 90,819 ---(90,819) -100.0%
Nov 287,654 (52,250) (168.589) 66,815 ----(66,815) -100.0%
Dec 261 ,679 (209.000 ) (170.763) (118,084) ----118,084 -100.0%
YfDTotal $2.241,819 I $ (156,750) $ (l ,155,855)1 $ 929.214 $1,443 ,650 $ (202 ,809) $ (l,081,071)1 $ 159,769 $ (769,445) -82.8%
Annual Total $3,s11,248 I $ (627,000) $ (1,944,097)1 $1,006,151 $1 ,443.650 $ (202,809) $ (l,081,071)j $ 159,769 $ (846,382) n/a
Court
Court operation and probation service revenues are $172K or 23.6% below 2019 year-to-date actuals and $169K or 23.3% below
2020 year-to-date budget.
COURT REVENUE
COURT REVENUE Year-to-date lhru July
Yc11r-1o-da1e thru Jul v FawraHe (llif•wrahle)
ramrante (llnJarora/Jle) 2019 2020 Changefrom1019 ITDActual vs Budget
2019 2020 Change from 2019 Month Actual Budget Actual s ., ,. s %
Actual Actual s % January $ 85.735 $ 60.118 I $ %,133 $ 10.398 121% $ 36.015 599%
Civil Penalties $ 5,366 $ 2,631 $ (2,735) -51.0% February 73.831 123.387 67.112 (6)19)! -91% (56.275 ) -456%
rrraffic & Non-Parking 384,099 308.488 (75.61 I) -19.7% March 81.352 104.435 86.025 4.672 5.7% (18_410) -176%
Parking Infractions 6.485 6,644 158 24% April 112.794 95,898 65.325 (47.469) -421% (30,573) -319%
DUI & Other M isd 55,665 40.602 (15.063) -27 .1% Mav 73.142 79.271 49.511 (23.630) -323% (29,760) -375%
Criminal Traffic M isd 52 I 19 68 130.9%
Criminal Costs 35,727 32.991 (2,736) -7 .7%
June 84.530 72.520 58.892 (25.638) -303% (13.628) -18.8%
July 113.372 80.127 67,254 (46,J 19) -40_7% m.rn i -16,1%
Jnterest /Other/Misc 59.150 39,441 (19,709) -33 .3%
Criminal Conv Fees I 7,954 I 7,514 (440) -2.5%
Shared Court Costs 32.496 21.536 (10,960) -33 .7%
Services & Charg,s 27,762 20,285 (7,478) -26 .9%
Subtotal $ 624,756 $ 490,251 $ (134,505) -21.5%
Prob at ion Fees 60 60 n/a
Pro bat ion Services 103,958 66.361 (37,596) -362%
YfD Total $ 728.714 $ 556,672 I s (172,042) -23.6%
August 76.176 82.579 (76,176)
September 71.979 81.791 (71.979) .
October 87.545 79,598 (87.545) --
November 75,186 77.983 (75 ,186)
December 79,551 75 ,015 -I
Probation Fees 60 60 n/a 60 n/a
Probation Services 103,958 109,934 66.361 (37.596) n/a (43,573) -396%
YID Total s 728,714 s 725,690 s 556,672 s (172,042) -23.6% s (169,0181 -23.3%
Probation Services 56.664 78.525 n/a n/a nla n/a n/a
Annual Total $ 1,175,814 $ 1,201.,201 u/a n/a u1a l u/a u/a
Federal Way Community Center
The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and utility tax
transfer. Due to the Covid-19 pandemic this facility closed to the public as of March 12t\ 2020.
Federal Way 2019 2020 YID Budget w Actual
Community Center Annual YID YID YID Fawrable/(Unfawrable)
as of07 /31/2020 Budget Actual Actual Budget Budget Actual $ %
Be2innim! Fund Balance $1 ,566 ,460 $ 1,566,460 $1,566,460 $1,208,268 $ 1,208,275 $1,208,275 n/a n/a
Ooeratin2 Revenues:
Dailv Drop-ins $ 370,000 $ 324 ,802 $ 216.149 $ 210.000 $ 139,751 $ 67,876 $ (71,875) -51.4%
Passes 850 ,000 751.781 404,131 470,000 252,656 200,764 (51,892) -20.5%
Citv &mloyee Membership Program 32 ,550 22.699 12268 32.550 17,592 2,436 (15,156) -86.2%
Youth Athletic Program; 47250 31,041 17,468 32,250 18,149 10,970 (7,179) -39.6%
Aquatics Programs-Lessons/Classes 146,950 156.014 101 ,865 96.950 63 ,301 23 ,941 (39,360) -62.2%
Childcare Fees 3.000 9.635 5,421 3.000 1.688 1.352 (336) -19.9%
Fitness Classes/Fitness Training 133,250 35,362 17,667 76,250 38 ,095 16,673 (21 ,422) -56.2%
Towel/equipment Rentals 4,000 7,005 6,266 4,000 3,578 224 (3.354) -93.7%
Pool Rentals/Competitive-Lap Lanes 30,000 21 ,971 11,549 30,000 15,769 10,416 (5,353) -33.9%
Rentals 246,000 236,515 132,697 178,000 99,867 35 ,645 (64,222)i -64.3%
Merchandise Sales 7,875 7,167 4,887 7,875 5,369 1,314 (4,055) -75.5%
Concessions/Vending 60,000 54,857 31,870 23,485 13,644 10,796 (2 ,848) -20.9%
Interest Earnings/Other Misc 37,476 89,802 42,555 10,000 4,739 1.482 (3,257) -68.7%
Total Operatinl( Revenues 1,968,351 1,748,651 1,004,794 1,174,360 674,197 383,889 (290,308) -43.1%
Operatin2 Expenditures:
Personnel Costs 1,586,536 1,660.795 967,921 1,205.650 702 ,660 533.049 169.611 24.1%
Supplies 184,000 227,150 122,950 172,465 93,350 70,424 22,927 24.6%
Other Services & Charges 193,000 256,423 121,005 143,000 67,481 72247 (4,766) -7.1%
Utility Cost 330.000 308.138 155,965 215.000 108,823 118.953 (10.130) -9.3%
Intergovernmental 20,500 3.679 3,679 20,500 8,519 8,519 -0.0%
Total Operatin2 Expenditures 2,314,036 2,456,184 1.371.519 1,756,615 980,833 803,191 177 ,641 18.1%
Revenues Over I (Under) Expenditures (345,685) (707,533) (366,726) (582,255 (306,635' (419.302) (112,667) 36.7%
Recovery Ratio 85.1% 71.2% 73.3% 66.9% 68.7% 47.8% n/a n/a
Transfer In from ~neral Fund --571 ,987 412,637 412 ,637 -0.0%
Utility Tax-Operations 387.000 387.000 333.883 312.000 312,000 312 ,000 -0.0%
Total Other Sources 387,000 387,000 333,883 883,987 724,637 724 ,637 -0.0%
Other lses:
Capital/Use of Reserves/Grants 17 500 37,652 33.612 10,000 10.000 13,599 (3,599) -36.0%
Total Other Uies 17,500 37,652 33,612 10 ,000 10 ,000 13,599 (3,599) -36.0%
Net Income 23,815 (358,185) (66,454' 291 ,732 408,002 291,736 (116,266' -28.5%
F.mlin2 Fund Balance $1,590.275 $ 1,208,275 $ 1.500,006 $1,500.000 $ 1,616 ,277 $1,500,011 $ (116,266) -7.2%
Debt Service Pavments 813,473 813 ,773 -813 ,473 141,811 141 ,811 -0.0%
Total FWCC Cost $3,145,009 $ 3,307,609 $1,405,131 $2,580,088 $ 1,132,644 $ 958,602 $ 174,042 15.4%
Total City Support $1,697,460 $ 866,448
The operating revenue budget includes $1.94M in user fees/program revenues, and $312K contribution from utility tax for
operation.
Year-to-date operating revenues total $0.4M which is $290K or 43 .1 % below the 2020 year-to-date budget. In comparison to
2020's year-to-date budget:
Daily Drop-in revenues are $72K or 51.4% below the projected revenue, and $148K or 68.6% below last year. Revenues
are down due to Covid-19 and closing the Community Center on March 12th , 2020.
Pass Revenues are $52K or 20.5% below the projected revenue, and $203K below last year. The Community Center has
implemented a new registration system and membership software system, and we are seeing a significant drop in pass
renewals from some of our members. When customers were contacted and asked to provide updated account information,
many chose to cancel for various reasons. Staff has implemented new and improved marketing and sales efforts to retain
and attract new members and this has been put on hold due to Covid-19. Revenues are also down due to Covid-19 and
closing the Community Center on March 12t\ 2020.
• Aquatic Programs/Lesson a re $39K or 62.2% below the projected revenue, and $78K be low last year. D ue to the Covid-
19 pandemic the pool has 0een closed since March 12t\ 2020, and swim lesson p ay ments have been re fund ed.
• Rentals are $64K or 64.3% below the projected revenues, and 97K below last year. Loss of the rental coordinator
attributed to the loss of revenue. Due to Covid-19 rentals from March 11 th on were cancelled. This accounted for $25K in
loss of rental revenue.
Youth Athletic Programs are $7K or 39.6% below the projected revenues. Revenues are also down due to Covid-19 and
closing the Community Center on March 12t\ 2020.
Year-to-date operating expenditures total $0.8M which is $178K or 18.1% below the year-to-date budget. Federal Way
Community Center has recovered 47.8% of operating expenditures compared to the year-to-date budgeted recovery ratio of
68.7%.
• Personnel Costs are $170K or 24.1 % below the projected budget. The facility closed to the public as of March Ii\ 2020,
part-time staff hours were not paid, and 9 full-time employees were placed on inactive status.
• Supplies are $23K or 24.6% below the projected budget. The facility closed to the public as of March 12 th
, 2020 and
building supplies have been reduced.
• Other Services and Charges are $5K or 7 .1 % above the projected budget due to retrofitting of touchless items
throughout the facility such as toilets, drinking fountains, and turnstile entry gates. The facility has also required major
repair and maintenance this year such as air filters, fire hood certification, fire alarm inspections, sand media
replacement in pool filters, and pool light replacement.
Community Center remaining debt service principal as of 12/31/2019 is $9.38M.
Dumas Bay Centre
Dumas Bay Centre Fund year-to-date revenue of $127K is $84K or 39.9% below 2020 year-to-date budget of $21 lK, and $412K or
76.4% below year-to-date 2019 actual.
Year-to-date operating expenses total $359K, which is $34K or 10.4% above 2020 year-to-date budget of $325K. Dumas Bay
Centre has recovered 3 5 .41 % of operating expenditures compared to 118 .99% last year.
Due to the Covid-19 pandemic this facility closed to the public as of March Ii\ 2020.
201 9 2020 YfD Bude ~r 1s Ac iu nl
Dumas Bay Centre Fund Annual YfD YfD YfD Favorable/(Unfavorable)
as of07/31/2020 Budget Actual Actual Budj!el Budget Actual $ %
Be2innin2 Fund Balance $ 1.585.695 $ 1.585,695 $ 1,585.695 $ 1.601.056 $ 1.601.056 $ 1.601.055 n/a n/a
Operating Rewnues:
In-House Food Services 375.000 388.615 221.218 129.1% 73.544 51.890 (21.6541 -29.4%
Durnas Bav Re trea1: Center 537.751 502,864 300.599 230.465 137.766 68 .72J (69.045) -50.1%
Knutzen Family Theatre 26,000 34.438 I 16,805 . 6,368 6.368 n/a
Total Operating Revenues 938.751 925.917 538,622 359.661 211.310 126,979 (84.332) -39.9%
Operatin~ Expenses:
In-House Food Services 396.709 359.468 185.646 246.309 127.206 123.014 4.191 3.3%
Dumas Bav Retreat Center 551.563 541.838 265,005 396.178 193,765 231.739 (37.974) -19.6%
Knutzen Familv Theatre 7.600 3.888 1.996 7.600 3.847 3.847 -0.0%
Total Operating Expenses 955.872 905.194 452.647 650.087 324.817 358,600 (33 ,783) -10.4%
Re.wruJes Owr/(U.oder)..Exoenses (17 ,121) .20.723 85 975 (290 ,426) (I 13,507) (231.6lJ) 1118 ,ll4) 104,1.%
Reco\erY Ratio 98.21 % 102,29% U8.99% 55.33% 65.06% 35.41% n/a n/a
Transfer In Gen Fund ---260.371 171.075 l71 ,075 -n/a
Transfer In Utilitv Tax 23.000 --23.000 23.000 23.000 -n/a
Total Other Sources 23.000 --283.371 194.075 194.075 -n/a
P umo Station M &O 4.000 5.362 1.234 4,000 220 220 -0%
Repairs & Maintenance ---90.000 63,290 63 ,290 -n/a
Total Other Uses 4.000 5.362 1.234 94.000 63.509 63.509 -0%
Ner Income 1,879 15.361 84.741 (101 ,055) 17.059 (101.056 ) (118 ,114) -692.4%
Endine Fund Balance s J.S87.574 S 1.601.056 S 1.670.436 s 1.500.000 S 1.618.114 S 1.500.000 S 1118.114 ) -7.3%
lnterfund Loan
Issue Date I lnterfund Loan I Original Amount I Balance I Responsible Fund I Due Date
2/4/2020I CDBG Grant Res 16-708 I$ 400,000 Is 130,570 I 119 -CDBG Grant fund I 4/13/2023
11/7/2017(Transportation Street Light Res 17-728 I S 2,500,000 I S 1.507.972 1101-Street Fund I 12/31/2022
Self-Insured Health Insurance Fund
Self-Insured Health Insurance Fund year-to-date contributed revenue is $2.9M. Currently the revenue is generated from the
employee paid contribution (range from $34 to $141 per employee per month) and the employer paid contribution (range from $666
to $1,973 per employee), varying depending on number of dependents. The City will maintain a reserve in the amount not less than
16 weeks of budgeted expenses ($1.29 million) as recommended by our consultant. Self-Insured Health Insurance Fund year-to-date
expenditures are $3.2M for prescription services, medical services, stop loss, professional services, and wellness program. The
ending fund balance for the program is $3.4M.
Self Insured Health Insurance Fund -2020
Description 2U17 Annual 2018Annual 2019 Annual 2020 Adopted Jan.June Jul YTDActual
Actual Actual Actual lldgt
Beginning Fund Balance 2,020,466 2,550,138 2,940,231 3,657,598 3,657,598 3,657,598
Health Insurance A-ellium-EnlJloyer Contnbution Revenue 4,238,581 4,284,099 4,392,860 4,400,000 2,135,957 338,356 2,474,313
Health Insurance A-ellium-EnlJloyee Contribution Revenue 216,562 209,633 W.,779 150,000 104,750 16,572 121,322
Health Insurance A-ellium-COBRA 10,026 21,805 34,319 6,000 47,845 10,201 58,045
Stop Loss Recovery Revenue 306,963 482,308 281,299 400,000 257,104 1,342 258,447
Interest Earnings 13,247 31,992 50,753 10,800 11,747 726 12,473
Total Revenue and Transfer In 4,785,379 5,029,837 4,982,011 4,966,800 2,557,402 367,197 2,924,600
A-escnplion Serviees 461,723 876,391 1,634,143 800,000 526,786 66,085 592,872
Medical Services 2,944,877 2,747,675 1,656,869 3,300,000 1,454,331 389,492 1,843,823
Health Insurance -Stop Loss 464,184 642,805 567,344 730,000 350,266 57,111 407,377
A-ofessional Services & Other 384,922 371,253 406,028 396,726 282,325 45,425 327,751
Taxes/assessments-interogovernment -1,620 260 30,000 260 1,443 1,703
Total Expenditures for SeW Insured Health 4,255,707 4,639,743 4,264,644 5,256,726 2,613,969 559,556 3,173,525
Ending Fund Balance 2,550,137 2,940,231 3,657,598 3,367,672 3,&0i,031 r1s2,35BI 3,408,673
Performing Arts & Event Center Operations (P ABC)
Performing Arts & Event Center Operations (P AEC) year-to-date revenue and beginning balance, and transfer in is $0.90M, and is
$0.17M or 23.5% above year-to-qate budget. Year-to-date operating expenditures total $0.90M, and are $0.13M or 16.2% above
year-to-date budget of$0.8M. Year-to-date, $0.65M or 67.8% of$0.96M budgeted operating subsidy has been used and the PAEC
Fund has a fund balance of $0. A new management company took over the management of PAEC in August 2018. As of
12/31/2019 the balance of debt service principal was $4,840,000.
115 Performing Arts & Event Center Annual 2017 Annual 2018 Annual 2019 2020 Adjusted YTDBudget YTDJuly YTD Budget vs. Actual
Operations (PAEC) Budget Actual Favor ab le/( Unfavorable)
Beginning Balance 177,413 477 (447,382) (110,546) (110,546) (110,546) $ %
Ticketing Sales/Adrrissions Fees 124,278 136,465 597,072 63,526 37,057 114,971 77,914 210 .3%
Theatre/Event Rentals 27,824 75,123 242,223 80,000 46,667 73,204 26,537 56 .9%
Concessions 1,291 13,230 38,614 7,000 4,083 6,022 1,939 47.5%
Advertising --. --#DIV/0!
Grants 100,000 . --n/a
Contributed Revenue -Private Sources 147,170 283,100 381,746 290,746 169,602 148,747 (20,855) -12 _3%
Transfer in from Utility Tax/General Fund 694,703 626,762 1,516,000 955,359 557,293 647,549 90,256 16.2%
lnterfund Loan -500,000 ----. n/a
kwestrrent k'l terest/NMTC kimrest 23,264 45,611 50,722 45,605' 26,603 22,803 (3,800) -14,3%
Total Beg Bat, Revenue & Transfer In 1,195,943 1,680,768 2,478,995 1,331,690 730,759 902,750 171,991 23.5%
Personnel Services 487,179 338,233 81,628 84,000 49,000 52,122 (3,122) -6.4%
Personnel Benefits 167,073 82,907 26,865 40,337 23,530 18,389 5,141 21.8%
Supplies 23,466 24,539 . ---. nla
Other Services & Charges 496,326 1,080,185 2,259,567 1,100,387 641,892 767,380 (125,487) -1 9 .5%
lntergovernrrental Services 1,221 1,221 . . --n/a
capital Outlays 1,155 36,799 103,905 ---n/a
kiterf ur>d Services 19,045 64,266 117,577 106,966 62,397 64,859 (2,462) -3.9%
Total Expenditures 1,195,466 1,628,150 2,589,541 1,331,690 776,819 902,750 (125,930) -16.2%
Total PAEC Operation Balance $ 477 $ 52,618 $ (110,546) $ (0) $ (46,061) $ (0) $ 46,061 -100.0%
Debt Service Payments . --632,000 52,577 52,577 . .
Total PAEC Cost $ 1,195,466 $ 1,628,150 $ 2,589,541 $ 1,963,690 $ 829,397 $ 955,327 $ (125,930) -15.2%
Total City Support $ 1,587,359 $ 609,870 $ 700,126 $ (90,256) -14.8%
COVID-19 Update
On March 9, 2020 Mayor Ferrell issued a Proclamation of Emergency in order to prevent the spread of coronavirus disease
(COVID-19). On March 12, 2020 the Federal Way Community Center, Dumas Bay Centre, and Preforming Arts & Event Center
closed to the public. Then, on March 23, 2020, State Gov. Jay Inslee issued statewide two week stay home orders and closed all the
businesses except essential services. On April 3, 2020 the stay home orders were extended through May 4th • Year-to-date the city
has spent $390,265 on Covid-19 related expenditures.
COVID -19 Expenditures 2020 Year-to-Date July
State Grant CDBG Grant Total
Payroll Expenditures 176,649 12,231 188,880
Supplies/Equipment & Services 201,385 -201,385
Total Expenditures $ 378,034 $ 12,231 $ 390,265
The City will be seeking reimbursement for some of these expenditures.
FUND ACTIVITY SUMMARY
Fund #/Fund Name Begin Balance YID YID YID Net Ending Balance Required Fund
1/1/2020 Re\enue Expenditures Income/Ooss) 07/31/2020* Balance
'
001/101 General/Street Fund $ 11,604,046 $ 28,304,456 30,991,066 $ (2,686,610) $ 8,917,436 $9,500,000**
I
Special Revenue Funds:
102 Arterial Street 621,584 645,979 1,167,562 (521,584) 100,000 $100,000
103 Utility Tax(•) 1,569,984 5,752,934 5,822,918 (69,984) 1,500,000 1,500,000
104 Affordable & Supportive Housing Sales Tax 51,323 -51,323 51,323 -
106 Solid Waste & Recycling 194,412 I 266,263 284,268 (18,005) 176,467 -
107 Special Contracts/Studies Fund 748,927 21,176 -21,176 770,104 -
109 Hotel/Motel Lodging Tax 1,329,006 79,375 9,088 70,287 1,399,293 200,000
I 10 2% for the Arts -----
111 Federal Way Community Center 1,208,267 1,108,526 816,794 291,732 1,500,000 $1,500,000
112 Traffic Safety Fund 1,389,468 1,472,189 1,661,657 (189,468 ) 1,200,000 1,200,000
I 13 Real Estate El<cise Tax Fund 3,219,084 1,690,863 1,785,615 (94,752) 3,124,332 2,000,000
114Prop 1 Utility Tax 1,144,644 2,017,727 2,122,339 (104,612) 1,040,032 1,000,000
115 Pe,forming Arts & Event Or Operations (110,546) 1,013,296 902,750 110,546 (0) -
119CDBG 35,284 41,137 402,578 (361,441) (326,157) -
120 Path & Trails 1,191,437 127,632 -127,632 1,319,069 -
121 Technology 3,013 95,725 -95,725 98,737 -
188 Strategic Reserve Fund 3,573,800 12,832 -12,832 3,586,632 3,000,000
189 Parks Reserve Fund 1,080,794 49,041 -49,041 1,129,835 1,125,000
Subtotal Special Revenue Funds 17,199,217 14,446,019 14,975,569 (529,551) 16,669,666 $11,625,000
201 Debt Service Fund 3,933,732 2,344,284 679,039 1,665,245 5,598,977 -
Capital Project Funds:
301 Downtown Redevelopment 2,526,754 181,899 -181,899 2,708,653 -
302 Municipal Facilities 288,595 1,036 -1,036 289,631 -
303 Parks 1,741,591 71,212 137,%3 (66,751) 1,674,840 -
304 Surface Water Management 1,925,945 6,191 lll,114 (104,923) 1,821,022 -
306 Transportation 4,885,700 1,786,949 3,683,064 (1,8%,115) 2,989,585 -
307 Capital Project Reserve Fund 367,936 1,321 -1,321 369,257 -
308 PAEC Capital Fund --338 (338) (338) -
Subtotal Capital Project Funds 11,736,521 2,048,608 3,932,479 (1,883,871) 9,852,651 -
Enterprise Funds:
401 Surface Water Management 3,009,977 2,427,580 1,940,717 486,863 3,4%,840 690,000
402 Dumas Bay Centre Fund 1,601,055 321,054 422,109 (101,056) 1,500,000 1,500,000
Subtotal Enterprise Funds 4,611,033 2,748,634 2,362,827 385,807 4,996,840 2,190,000
Internal Service Funds
501 Risk Management 1,502,529 732,367 1,914,533 (1,182,165) 320,364 1,200,000••··
502 Information Systems 3,718,972 1,484,951 1,402,762 82,189 3,801,161 -
503 Mail & Duplication 217,369 82,704 37,657 45,047 262,416
504 Fleet & Equipment 7,808,824 1,336,805 1,911,584 (574,779) 7,234,044 -
505 Buildings & Furnishings 2,973,258 320,267 397,506 (77,239) 2,896,020 2,000,000
506 Health Selflnsurance Fund 3,657,598 2,924,599 3,173,525 (248,926) 3,408,673 $0 .....
507Unemployment Insurance Fund 273,701 1,005 7,509 (6,504) 267,197 250,000
Subtotal Internal Service Funds 20,152,251 6,882,698 8,845,075 (1,962,377) 18,189,874 3,450,000
'
Total All Funds s 69,236,800 s 56,774,700 s 61,786,055 s (5,011,355) S 64,225,444
*The Fund balance prior to any adjustments or depreciation
** The General and Street Fund required fund balance is $9.5M and the current endingfand balance as of07/31/2020 is $8,917,436 due to timing
of revenue received such as property tax versus payments, and Covid-19 response to pandemic resulting in less revenue.
****The Risk Management Fund requiredfand balance is $1.2M and the current endingfund balance as of07/31/2020 is $320,364 due to the
timing of paying insurance expenditures and claims for the year.
*****The Health Self Insurance Fund will maintain a reserve in an amount not less than 16 weeks of budgeted expenses as recommended by our
consultant.
COUNCIL MEETING DATE: September 1, 2020 -------
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SURPLUS OF PUBLIC WORKS AND PARKS VEHICLES
ITEM#: 5d
POLICY QUESTION: Should City Council authorize staff to surplus vehicles 81170, 82440, 81210, and 82321 in
lieu of 82441, 82451, 82551, 82541 and transfer vehicles 82441 and 82551 from Public Works to Parks?
COMMITTEE: FEDRAC
CATEGORY:
IZ! Consent
0 City Council Business
0 Ordinance
0 Resolution
STAFF REPORT BY: EJ Walsh,££; Public Works Director
Attachments: Staff report
Options Considered:
MEETING DATE: August 25, 2020
• •
Public Hearing
Other
DEPT: Public Works
1. Authorize staff to surplus vehicles 81170, 82440, 81210, and 82321 in lieu of 82441, 82451, 82551, 82541
and transfer vehicles 82441 and 82551 from Public Works to Parks.
2. Do not authorize and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1.
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 1, 2020 consent agenda for
approval. J:, cJtt.
-tr tiHl V j ti--ZO 6 IYl 0 {z.!;~ tnirdt11 V 1 A 1-,0f'l'I lb /i,;/,z.,to /
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to surplus vehicles 81170, 82440, 81210, and 82321
in lieu of 82441, 82451, 82551, 82541 and transfer vehicles 82441 and 82551 from Public Works to Parks."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED
0 TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
MEMORANDUM
August 25, 2020
FEDRAC Committee
Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director ~
SUBJECT: Surplus of Public Works and Parks Vehicles
FINANCIAL IMPACTS:
There is no direct financial impact. This will result in reduced maintenance and operations cost of the overall
City Vehicle Fleet.
BACKGROUND:
The 2019-2020 budget included the replacement of the multiple vehicles, including 82441, 82451, 82551 and
82451. The new vehicles have been received, outfitted, and put into service.
Vehicles 81170, 82440, 81210 and 82321 were previously replaced and subsequently received Council
approval to keep those vehicles with the condition that no additional reserves would be collected to replace
those vehicles and they would be surplussed with no replacement when they reached the end of their useful
life.
In lieu of surplussing 82441, 82451, 82551, 82451 as previously approved, staff is proposing to surplus 81170
(Parks), 82440 (Public Works), 81210 (Parks) and 82321 (Public Works). Staff is also recomending that 82441
and 82551 be transferred from Public Works to Parks Maintenance.
This will result in the same number of total vehicles as was previously approved by Council and no additional
reserves will be collected for 82441, 82451, 82551, and 82451.
Trucks 81170, 82440, 81210, and 82321 have all had significant damages, high maintenance histories and an
average of 94,000 miles per vehicle. Three of the four vehicles are pre-2000. All need substantial, expensive,
repairs, and have continued to incur high maintenance and operations cost with no available reserves to replace
it. All are in overall poor condition.
s ummary:
Budgeted Department Replaced Proposed for Vehicle Department
Vehicle with Surplus
82441 PW/SWM 82442 81170 1997 Chevy Ext Cab 4x4 ¾ ton PK/MNT
82451 PW/SWM 82452 82321 2004 Ford F250 4x4 PW/ST
82551 PW/DS 82552 81210 1998 Ford Ranger 4x2 PK/MNT
82541 PW/DS 82542 82440 1996 Ford Ranger 4x4 PW/SWM
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PURCHASE OF Tow-BEHIND TRUCK LOADER -LEAF VACUUM
ITEM#: Se
POLICY QUESTION: Should City Council authorize staff to purchase a tow-behind truck loader/ leaf vacuum in the
amount of $13,179.19?
COMMITTEE: FEDRAC
CATEGORY:
~ Consent
D City Council Business
D Ordinance
D Resolution
MEETING DATE: August 25, 2020
• •
Public Hearing
Other
DEPT: Public Works STAFF REPORT BY: Desiree' S. Winkler, P.E.; De u Director -------------------------
Attachments: Staff report
Options Considered:
1. Authorize staff to purchase a tow-behind truck loader/ leaf vacuum in the amount of $13,179.19.
2. Do not authorize and rovide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1.
Initia I/Date
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 1, 2020 consent agenda for
approval. c}p;
-\r6l1'1 rn:1 -z-oom 0 ~~ tti,Wa ViA imr1 QI~ /
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to purchase of a tow-behind truck loader I leaf vacuum
in the amount of $13,179.19."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
August 25, 2020
FEDRAC Committee
Jim Ferrell, Mayor
CITY OF FEDERAL WAY
MEMORANDUM
Desiree' S. Winkler, P .E., Deputy Director
EJ Walsh, P.E., Public Works Director 11 .., __ r:e.": .. -;;= ...
Purchase of Tow-Behind Truck Loader I Leaf Vacuu~
FINANCIAL IMPACTS:
The purchase ofthis tow-behind truck loader is proposed to be paid out of the existing approved Public
Works operations budget: 101-4400-249-240-542-70-313.
BACKGROUND:
At the direction of City Council, the City started performing right-of-way landscape ma i ntenance in 2019.
This includes peforming mowing, trimming, mulching, herbicide placement, and other related vegetation
and irrigation maintainance along the city's major arterials and city center core .
As the staff has performed the work over the past eighteen months, it has developed a understanding of
the workload and equipment and materials to help them perform work most efficiently with their limited
resources. The proposed piece of equipment provides ability to vacuum vegetation waste (primarily leaves
in the fall) and directly load within the truck bed. Currently, all loading is done by hand . Not only does this
take a tremendous amount of time and resources, it extends the amount of time our staff and vehicles
must park along the busy arterials to collect debris. This piece of equipment provides both cost savings and
increased staff safety.
As an added benefit, this piece of equipment will also be able to be utilized by the Parks Department.
The funding includes purchase of the equipment and outfitting with required equipment (safety hazard
lights, decals, etc.).
This piece of equipment will be purchased through State Contract.
There are no projected new ongoing expenses related to this purchase.
COUNCILMEETINGDATE: ~lf '{J\ # ~ ... ww _____ _.____"'--'---3.--$ ___ 5_£_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDAB_ILL
SUBJECT: Amendment No. 1 to Goods and Services agreement for abatement of unfit premises.
POLICY QUESTION: Should the City Council approve the amendment to the goods and services agreement for
the abatement of unfit premise?
COMMITTEE: FEDRAC
CATEGORY:
x Consent
X City Council Business
STAFF REPORT BY: Brian Davis
D Ordinance
D Resolution
-----------
Attachments: 1. Staff Report Memorandum
MEETING DATE: 8/25/2020
• •
Public Hearing
Other
DEPT: Community Development
2. Amendment No. 1 to a good and service contract for abatement of unfit premise
Options Considered:
1. Approve the proposed amendment.
2. Do not approve proposed amendment and provide direction to staff.
MAYOR'S RECOMME
COMMITTEE RECOMMENDATION: I move to forward the proposed amendment to the Sept/,. 'J/1~1 date)
consent agenda for approval. ~
:ITT n v I A 1-11 m fllv.~~ -m~a v Id\ -unm 4 /v./mo /
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed amendment."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE: 8/21/2020
CITY OF FEDERAL WAY
MEMORANDUM
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Brian Davis
SUBJECT: Amendment to Abatement of Unfit Premises
Financial Impacts:
The additional services needed were not included within the approved budget for the
abatement of the property of C. E. Pelkey and Shirley Pelkey who are both deceased. Upon
completion of the abatement of the property there will be no foreseeable future cost. The
additional funds requested require council approval for the increase of $1,375.00 to complete
this abatement and brings the total contract amount to $21,175.00.
Background Information:
Abatement of Unfit Premises:
The unforeseen circumstance of squatters in the home caused more trash and debris,
including needles and a fence that needs mending. It wouldn't be in the best interest of the
neighbors to be exposed to the property and leave the trash, debris, and needles after
spending three days filling 13 dumpsters. A tax lien for the costs of this abatement has been
filed against the property so the City can recover cost.
Rev. 7/18
~ Federal Way
CITY HALL
33325 8th Avenue S0Llth
Federal Way, WA 98003-6325
(253) 835-7000
AMENDMENT NO.1
TO
www: cityoffederaiway_com
GOODS AND SERVICES AGREEMENT
FOR
ABATEMENT OF UNFIT PREMISES
This Amendment ("Amendment No. 1) is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Woodland Industries, General Contracting, Inc., a Washington corporation ("Contractor").
The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree
to amend the original Agreement for Abatement of Unfit Premises ("Agreement") dated effective April 15 , 2020 , as
follows:
1. AMENDED CONIPENSA TION . The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto , not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT -1 -3/2017
~ Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
ww·w cityoftederaiway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
By:---------------
Jim Ferrell, Mayor
DATE : ---------------
Woodland Industries, General Contracting, Inc.:
By: _______________ _
Printed Name: ------------
Title: ---------------
Date: ---------------
STATE OF WASHINGTON )
) ss.
COUNTY OF _____ __,
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me __________ . to me known to be the
of 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 __________ , 20_
Notary's signature
Notary's printed name ________________ _
Notary Public in and for the State of Washington.
My commission expires _______ _
AMENDMENT -2 -3/2017
~ Federal Way
EXHIBIT B-1
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffedernlway com
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Thirteen Hundred Seventy-Five and NO/100 Dollars ($1375.00). The total amount payable to Contractor
pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to
exceed Twenty-One Thousand One Hundred Seventy-Five and NO/100 Dollars ($21,175.00).
AMENDMENT -3 -3/2017
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#:
SUBJECT: SECOND AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN
POLICY QUESTION: Should City Council approve the Second Amendment to the 2019 Community
Development Block Grant (CDBG) Annual Action Plan?
COMMITTEE: n/a
CATEGORY:
D Consent
D City Council Business
STAFF REPORT BY:
Attachments: 1. Staff Report
D Ordinance
D Resolution
MEETING DATE: n/a
~
•
DEPT:
Public Hearing
Other
2. Second Amendment to the 2019 CDBG Annual Action Plan.
Options Considered:
6a
1. Approve the proposed Second Amendment to the 2019 Community Development
(CDBG) Annual Action Plan.
2. Do not approve proposed Second Amendment to the 2019 Community
Development (CDBG) Annual Action Plan and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: n/a
---C-o,-m-nitt_e_e --
Initial/Date
COMMITTEE RECOMMENDATION: n/a.
n/a
Committee Chair
n/a
DIRECTOR APPROVAL: ~ B' /4 7 /2()2p
!nil ial/D~re '
n/a
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Second Amendment to the 2019 Community
Development Block Grant (CDBG) Annual Action Plan and authorize the Mayor to execute all necessary
documents to implement the Plan and the corresponding funding agreements with the U.S. Department of
Housing and Urban Development and subrecipients. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED
0 TABLEDffiEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 20, 2020
TO: City Council Members
VIA: Jim Ferrell, Mayor p4. Y' J;,,-,/:,c:1
FROM: Sarah Bridgeford, Community Services Manager
SUBJECT: Second Amendment to the 2019 CDBG Annual Action Plan
Financial Impacts:
The City of Federal Way has received $432,622.00 in Community Development Block Grant
(CDBG) funds, which are recognized as CDBG-CV funds. In addition to the CDBG-CV
funds, the City is requesting to reprogram $283,000 in prior year resources that were
remaining from prior year projects or that are recommended for reprogramming to meet the
bigger, immediate need. These funds are a grant from the U.S. Department of Housing and
Urban Development and are included in the approved budget. The grant will fully reimburse
the costs incurred in carrying out the projects.
Background Information:
The City of Federal Way's Annual Action Plan details the funding strategies for the
Community Development Block Grant (CDBG) program each year. The Annual Action
Plans implement the Five-Year Consolidated Plan. The City is requesting to amend the
2019 CDBG Annual Action Plan to reprogram $300,000 in CDBG-CV and CDBG funds
to offer additional rent assistance.
Housing stability continues to be a significant concern in response to COVID-19. It is
estimated that between 5 and 10% of renters are unable to pay rent each month during the
stay-at-home order with anticipated increases now that the $600 weekly unemployment
benefits have ended. Since the start of the stay-at-home order, unpaid rent in Federal Way
is estimated to be in the millions and even with new resources becoming available, the
need continues to exceed assistance. Additionally, the first amendment included $210,000
for microenterprise and as the City implemented a large-scale small business grant
program without the underwriting and eligibility requirements of CDBG making the
resource more accessible and quicker to deploy than CDBG funds would allow. As a
result, the funds are available for reprogramming.
With this in mind, on August 17, 2020, the Human Services Commission recommended
by a unanimous vote with support by Mayor Ferrell to reprogram $300,000 for rental
assistance.
Rev . 7/18
The City of Federal Way
AMENDED ANNUAL ACTION PLAN 2019
August 2020
Second Amendment to the 2019 Annual Action Plan
The Second Amendment to the 2019 Annual Action Plan (AAP) amends the AAP .
Executive Summary
AP-OS Executive Summary -91.200{c), 91.220{b)
Al. Introduction
This substantial amendment of the 2019 Annual Action Plan is a requirement ofthe U.S. Department of Housing and
Urban Development (HUD) to reallocate a portion of the Community Development Block Grant Coronavirus (CD BG-CV)
funding from the CARES Act and prior year resources from 2019 and 2020. The projects are to prevent, prepare for, and
respond to the coronavirus {COVID-19).
A2. Summarize the objectives and outcomes identified in the Plan
The Second Amendment reprograms $300,000 in CDBG-CV and 2019 funding for the purpose of providing
emergency subsistence for low-to moderate-income Federal Way residents.
A4. Summary of Citizen Participation Process and consultation process
For the Second Amendment, the City will use the following public participation process :
• A Notice of Public Hearing was published in the Federal Way Mirror on August 21, 2020, notifying the public of a
public hearing to be held virtually on September 1, 2020 and announcing the comment period on the Second
Amendment to the 2019 Annual Action Plan.
• Public comment will be accepted from August 26, 2020 until September 1, 2020 .
• A public hearing will be held virtually on September 1, 2020, before the Federal Way City Council to receive
input on the Second Amendment to the 2019 Annual Action Plan.
AS. Summary of Public Comments
Comments will be added as received .
A6. Summary of comments or views not accepted and the reasons for not accepting them
Summary will be added following comments.
A7. Summary
Summary will be added after the comment period.
Federal Way Annual Action Plan
2019
1
AP-12 Participation -91.401, 91.105, 91.200(c)
Al. Summary of citizen participation process/Efforts made to broaden citizen participation
The Second Amendment to the 2019 Annual Action Plan will be available for public review between August 26, 2020
through September 1, 2020 on the City of Federal Way website and by email or mail, if requested.
AP-15 Expected Resources -91.420(b), 91.220(c) (1, 2)
Introduction
The Second Amendment to the 2019 Annual Action Plan reprograms $300,000 of funds included in the First Amendment
to the 2019 Annual Action Plan.
Federal Way Annual Action Plan
2019
2
AP-35 Projects -91.420, 91.220(d)
Introduction
CDBG-CV funds were allocated in 2020 by HUD, via the CARES Act to prevent, prepare, and respond to the COVID-19
pandemic. Additional funding is being added by amendment to the Multi-Service Center-Federal Way COVID-19 Rent
Assistance project, project 13. The amendment removes funding from the COVID-19 Emergency Business Grant Program
as the City implemented a larger, more expansive business grant program with another funding source and reduces the
planning and administration for COVID-19 as the program year 2020 allocation can cover planning and administration
needs for the CDBG COVID-19 response. The Human Services Commission recommended the following project for
funding.
Introduction
Project Information
# Project Name
13 Multi-Service Center-Federal Way COVID-19 Rent Assistance
~ GfP-111:} ±9 emeFgeAE',' lh1s i Ae55 GFa At PFe gF am
~ Pl aAA i Ag a AEI ,O,Elffli Aish=atieA (G Gl.£11:} ±9 )
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
COVID-19 presents a severe challenge to the City of Federal Way and residents. Housing continues to present as a
significant challenge and concern as residents continue to be unable to pay rent in part or full. It is anticipated that as
many as S to 10% of renters have not paid rent each month since April with past due rent accumulating in amounts as
high as $10,000,000. The financial impacts related to housing are felt broadly in the community with the greatest
impacts on low-income households and households already experiencing cost burden.
Annual Goals and Objectives
AP-20 Annual Goals and Objectives -91.420, 91.220(c)(3)&€
13 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type
of families that will benefit from
the proposed activities
Location Description
Planned Activities
Multi-Service Center Federal Way COVID-19 Rent Assistance
PROVIDE DECENT AFFORDABLE HOUSING
Affordable Housing Preservation
CDBG-CV: $410,818 (added $300,000)
Emergency rent assistance for low-and moderate-income Federal Way
residents who have been affected by COVID-19 through a loss of income.
Loss of income may be due to the stay-at-home order, household
quarantine, or household illness. Rent assistance prevents eviction.
12/31/2010
160 households will benefit from this program
1200 S 336t h St, Federal Way, WA 98003
Households will receive short-term rental assistance to prevent eviction .
Federal Way Annual Action Plan
2019
3
Federal Way Annual Action Plan
2019
4
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Federal Way Annual Action Plan
2019
-·
5
First Amendment to the 2019 Annual Action Plan
The First Amendment to the 2019 Annual Action Plan (AAP) amends the AAP by adding the following.
Executive Summary
AP-OS Executive Summary-91.200{c), 91.220{b)
Al. Introduction
This substantial amendment of the 2019 Annual Action Plan is a requirement of the U.S. Department of Housing and
Urban Development (HUD) in order for the City of Federal Way to receive the allocation related to the first funding
round of Community Development Block Grant Coronavirus (CD BG-CV) from the CARES Act. This plan is amended to
incorporate $432,622 of CDBG-CV funds to prevent, prepare for, and respond to the coronavirus (COVID-19).
Additionally, the substantial amendment will reallocate $210,000 of prior year resources that are remaining from
activities that did not require the full amount of funding originally allocated. These funds will also be used to prevent,
prepare for, and respond to the COVID-19 pandemic throughout the City of Federal Way in 2020.
A2. Summarize the objectives and outcomes identified in the Plan
The First Amendment allocates $432,622 in anticipated CDBG-CV funds and reprograms $210,000 in 2019 funding
for the purpose of:
1. Support programs providing emergency subsistence for low-to moderate-income Federal Way residents;
2. Support programs serving people experiencing homelessness in responding to and providing services in a
manner that reduce or slow the spread of COVID-19;
3. Support microenterprises owned by low-and moderate-income persons in re-opening and attempting to
prevent closure; and
4. Administer the Community Development Block Grant program to meet community needs related to COVID-
19 and HUD requirements.
A4. Summary of Citizen Participation Process and consultation process
For the First Amendment, the City will use the following public participation process :
• Notice of Funds Available for CDBG-CV funds was published in the Federal Way Mirror on line, Enumclaw Currier
Herald, and the Tacoma News Tribune on May 6, 2020.
• The Human Services Commission made funding recommendations to include in the First Amendment to the
2019 Annual Action Plan at its May 18, 2020 meeting.
• A Notice of Public Hearing was published in the Federal Way Mirror online edition on May 27, 2020, the
Enumclaw Courier Herald print edition on May 27, 2020, and the Tacoma News Tribune print edition on May 27,
2020, notifying the public of a public hearing to be held virtually on June 2, 2020 and announcing the comment
period on the First Amendment to the 2019 Annual Action Plan.
• Public comment was accepted from May 27, 2020 until June 2, 2020.
Federal Way Annual Action Plan
2019
6
• A public hearing was held virtually on June 2, 2020, before the Federal Way City Council to receive input on the
First Amendment to the 2019 Annual Action Plan .
AS. Summary of Public Comments
During the public hearing on June 2, 2020, two comments were received. The first was from a Human Services
Commissioner who expressed gratitude to Commissioners and staff for the expediting a competitive process and
engaging in robust discussion on equity and inclusion and how it pertains to the CDBG-CV funding. The second comment
was pertaining to High line College's project to clarify that businesses must be in Federal Way; this was confirmed by
staff.
A6. Summary of comments or views not accepted and the reasons for not accepting them
All comments were accepted.
A7. Summary
In summary, there was support for the recommendations for funding in addressing needs in Federal Way and
appreciation for efforts to address equity and inclusion from accessing projects to funding .
AP-12 Participation -91.401, 91.105, 91.200(c)
Al. Summary of citizen participation process/Efforts made to broaden citizen participation
The First Amendment to the 2019 Annual Action Plan was available for public review between May 27, 2020 through
June 2, 2020 on the City of Federal Way website and by email or mail, if requested.
Notice of the CDBG-CV funds availability and the First Amendment to the 2019 Annual Action Plan were posted on the
City of Federal Way Community Services webpage, online on the Federal Way Mirror website, and printed in both the
Enumclaw Courier Herald and the Tacoma News Tribune.
AP-15 Expected Resources -91.420(b), 91.220(c) (1, 2)
Introduction
The First Amendment to the 2019 Annual Action Plan adds CDBG-CV funds and reprograms $210,000 of remaining funds
already included in the 2019 Annual Action Plan.
Anticipated Resources
Federal Way Annual Action Plan
2019
7
I
Program Source Uses of Funds
of Funds
:DBG-CV Public Economic
Development,
-Public Services,
Planning and
Federal Administration
Expected Amount Available Year 5
Annual Program Prior Vear
Allocation: $ Income:$ Resources: $
$432,622
Federal Way Annual Action Plan
2019
Expected Narrati
Total: Amount Descript
$ Available
Remainder
of Con. Plan
$
$432,622 $0 Resources
based upo
CDBG-CV:
Entitlemer
8
AP-35 Projects -91.420, 91.220(d)
Introduction
CDBG-CV funds were allocated in 2020 by HUD, via the CARES Act to prevent, prepare, and respond to the COVID-19
pandemic. Projects have been added by amendment to the table below to address these new needs. The Human
Services Commission recommended the following projects for funding including two contingency projects, which are
recommended for funding should projects not move forward or should additional funding become available.
Introduction
Project Information
# Project Name
13 Multi-Service Center-Federal Way COVID-19 Rent Assistance
14 Catholic Community Services of Western Washington -Expanded Day Center
15 Catholic Community Services of Western Washington -Reach Out
16 Boys and Girls Clubs of King County-Federal Way Boys and Girls ClubCOVID -19 Response
17 Highline College -Highline Business Development COVID Response
18 Catholic Community Services of Western Washington -COVID-19-related Homelessness Prevention
19 COVID-19 Emergency Business Grant Program
20 Planning and Administration {COVID-19)
21 Contingency: Catholic Community Services of Western Washington -Reach Out
Contingency: Catholic Community Services of Western Washington -COVID-19-related Homelessness
22 Prevention
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
COVID-19 presents a severe challenge to the City of Federal Way and residents. The first allocation of CARES Act CDBG-
CV funding is based on the regular formula for entitlement communities, which is based on poverty and population .
Additional allocations will be based on new formulas including allocations based on the impact of COVID-19.
Anticipated obstacles include ensuring equitable access. COVID-19 has required many services move to online platforms
as the primary or only access point. This creates a barrier for households that do not have regular or consistent access to
technology. In the past, systems would be put in place to have such households access technology at libraries or come
into the office for services. Neither are options at this time . Additionally, as the State of Washington re-opens using the
phased model, service delivery requirements will continue to change and services will need to adapt. This may result in
modifications to how the services are provided when compared to what was presented in the applications and in this
amendment.
Federal Way Annual Action Plan
2019
9
Annual Goals and Objectives
AP-20 Annual Goals and Objectives -91.420, 91.220(c)(3)&€
Goals Summary Information
Eight projects are recommended for funding including two that the Human Services Commission recommended partial
funding. Should additional funding become available, the Human Services Commission recommends providing equal
amounts until the projects are fully funded. The contingency projects reflect this recommendation.
13 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
14 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
Multi-Service Center Federal Way COVID-19 Rent Assistance
PROVIDE DECENT AFFORDABLE HOUSING
Affordable Housing Preservation
CDBG-CV: $110,818
Emergency rent assistance for low-and moderate-income Federal Way
residents who have been affected by COVID-19 through a loss of income .
Loss of income may be due to the stay-at-home order, household
quarantine, or household illness. Rent assistance prevents eviction.
12/31/2010
60 households (80 individuals) will benefit from this program
1200 S 336th St, Federal Way, WA 98003
Households will receive short-term rental assistance to prevent eviction .
Catholic Community Services of Western Washington -Expanded Day
Center
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG-CV: $125,230
This project will continue 18 hours per week of additional operation at the
CCS Federal Way Day Center. Hours have been extended to enable
appropriate social distancing while ensuring access to services. Extra staffing
has also been required to follow guidelines for regular cleaning and
sanitizing. Expanded program began in April 2020 following the City Council
allocation of $27,000. As planned, that allocation is included in this
amendment and is reflected in this project.
12/31/2020
165 Families (180 individuals) will benefit from this program .
33505 13 th Pl S #D, Federal Way, WA 98003
Homeless services including hygiene services and case management .
Federal Way Annual Action Plan
2019
10
15 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
16 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
Catholic Community Services of Western Washington -Reach Out
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG-CV: $56,000
The Reach Out shelter will remain open and operating from a non-
congregate setting to minimize the risk of COVID-19 transmission among
community members experiencing homelessness in Federal Way. Non-
congregate began in April 2020 following the City Council allocation of
$24,000. As planned, that allocation is included in this amendment and is
reflected in this project
12/31/2020
30 Individuals will benefit from this program
To be determined
Overnight shelter staffing and support services
Boys and Girls Clubs of King County-Federal Way Boys and Girls Club
COVID-19 Response
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a suitable living environment
CDBG-CV: $43,407
Full-day childcare programming to support parents returning to work. It is
anticipated that the Federal Way Public Schools will need to adjust the
school day to slow the spread of the virus. This project will provide full-day
youth development services to ensure youth have a safe place to go
throughout the day with academic and social-emotional supports and to
allow families to return to work.
12/31/2020
89 Families (110 individuals) will benefit from this program.
30815 8th Avenue S, Federal Way, WA 98003
Childcare and youth development activities.
Federal Way Annual Action Plan
2019
11
17 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
18 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
Highline College -High line Business Development COVID Response
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG-CV: $37,500
Technical assistance provided to microenterprise businesses with low-or
moderate-income owners who are applying for and receiving grant funding
related to COVID-19. Technical assistance will be provided focusing on re-
opening of businesses to understand cash flow needs and planning,
sustaining employment, retaining customers, and stabilizing the businesses.
It may also include implementing guidelines put forth by the State of CDC for
safety related to business opening and providing services to customers.
12/31/2020
20 businesses will benefit.
2400 S 240th St, Des Moines, WA 98198
Microenterprise technical assistance
Catholic Community Services of Western Washington -COVID-19-related
Homelessness Prevention
PROVIDE DECENT AFFORDABLE HOUSING
Affordable Housing Preservation
CDBG-CV: $40,732
CCS diversion and shallow subsidy staff will engage with Federal Way
residents who are imminently at risk of losing their housing for reasons
directly tied to the COVID-19 outbreak. Support will include assistance with
accessing qualified benefits, referral to services, and financial assistance via
emergency rent payments.
12/31/2020
13 Families (26 individuals) will benefit from this program.
33505 13th Pl S #D, Federal Way, WA 98003
Emergency rent assistance to prevent eviction .
Federal Way Annual Action Plan
2019
12
19 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
20 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
21 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
COVID-19 Emergency Business Grant Program
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG: $210,000
Business grant program for microenterprise businesses (5 or fewer
employees) with owners who are low-or moderate-income.
12/31/2020
37 microenterprise businesses
TBD
Microenterprise business grants
Planning and Administration
CDBG-CV: $18,935
CDBG Program Planning and Administration (COVID-19)
12/31/2020
33325 8th Ave S, Federal Way, WA 98003
CDBG Planning and Administration
Contingency: Catholic Community Services of Western Washington -Reach
Out
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG-CV: $40,732
The Reach Out shelter will remain open and operating from a non-
congregate setting to minimize the risk of COVID-19 transmission among
community members experiencing homelessness in Federal Way. Non-
congregate began in April 2020 following the City Council allocation of
$24,000. As planned, that allocation is included in this amendment and is
reflected in this project
12/31/2020
14 Individuals will benefit from this program
To be determined
Overnight shelter staffing and support services
Federal Way Annual Action Plan
2019
13
22 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
Location Description
Planned Activities
Contingency: Catholic Community Services of Western Washington -
COVID-19-related Homelessness Prevention
PROVIDE DECENT AFFORDABLE HOUSING
Affordable Housing Preservation
CDBG-CV: $48,922
CCS diversion and shallow subsidy staff will engage with Federal Way
residents who are imminently at risk of losing their housing for reasons
directly tied to the COVID-19 outbreak. Support will include assistance with
accessing qualified benefits, referral to services, and financial assistance via
emergency rent payments.
12/31/2020
17 Families (34 individuals) will benefit from this program.
33505 13th Pl S #D, Federal Way, WA 98003
Emergency rent assistance to prevent eviction.
Federal Way Annual Action Plan
2019
14
Executive Summary
AP-OS Executive Summary -91.200(c), 91.220{b)
1. Introduction
The City of Federal Way presents this Annual Action Plan for the 2019 Program Year Community Development Block
Grant (CDBG) 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 $864,671 dollars in 2019 Community Development Block Grant
Entitlement funds, prior year resources, 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 pre-award
• 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 first four 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.
The City of Federal Way reported in the 2018 Consolidated Annual Performance Evaluation Report (CAPER):
• 22 households received support for housing repair and rehabilitation
• 368 persons received assistance with public services
• 93 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 PY2019/PY2020 CDBG Public Services funds was published in the Federal Way
Mirror on March 2, 2018.
• Notice of Funds Available for PY2019 CDBG Community Economic Revitalization Funds was published in the
Federal Way Mirror on August 3, 2018.
• Request for public comments and input was emailed to stakeholders and service agencies on November 9, 2018
seeking input through January 2, 2019.
• A Notice of Public Hearing was published in the Federal Way Mirror on November 9, 2018, notifying the public of
public hearings to be held on December 17, 2018 and January 2, 2019, and to announce the comment period on
the 2019 Annual Action Plan.
• An opportunity for public comment was provided on November 19, 2018, before the Human Services
Commission, to receive input on the 2019 Annual Action Plan.
• A public hearing was held on January 2, 2019, before the Federal Way City Council to receive input on the 2019
Annual Action Plan.
5. Summary of public comments
No public comments were received.
6. Summary of comments or views not accepted and the reasons for not accepting them
N/A.
7. Summary
In summary, Federal Way residents, stakeholders, service providers, and others consulted during the citizen
participation process support the outcomes and objectives of the Consolidated Plan for Housing and Community
Development. The remainder of this report will provide details on how the City proposes to prioritize its investment .
Federal Way Annual Action Plan
2019
1
PR-OS 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
• Agency Role: CDBG Administrator
• Name: Sarah Bridgeford
• Department/Agency: Community Development/Community Services Division
The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah
Bridgeford, Community Services Manager, is the program administrator. Brittany Julius, 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
Community Services Manager
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2650 (telephone)
(253) 835-2609 (facsimile)
Sarah.Bridgeford@cityoffederalway.com
Federal Way Annual Action Plan
2019
2
AP-10 Consultation -91.100, 91.200(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. In 2015, the City began participation in the 2015-2019
HOME Consortium Consolidated Plan in cooperation with King County. The Citizen Participation Plan
again provided guidance to afford opportunities for citizen involvement throughout the development of
the 2015-2019 HOME Consortium Consolidated Plan. During the process of developing the 2015-2019
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
Federal Way Annual Action Plan
2019
3
months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out
winter shelters for homeless men and women. Catholic Community Services provides case management
for these shelters.
Further, the City worked closely with a local coalition and service provider to open the Federal Way Day
Center for homeless individuals in 2016. Part of the ongoing development and implementation includes
a service provider collaboration focused on providing access onsite to clients. Participants in the
collabo,ration include housing organizations, local government, public health agencies, and a variety of
social service providers including behavioral health services.
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 (CoC) 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 Coe 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 shelter, transitional housing, and permanent housing. The City provides financial
support for 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 in 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
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4
2. Agencies, groups, organizations and others who participated in the process and consultations
• All Home • Hospitality House
• ANEW • Institute for Family Development
• Birth to Three Family Development • Kent Youth & Family Services
Center • King County
• Boys and Girls Clubs of King County • King County Bar Foundation
• Building Changes • King County Housing Authority
• Catholic Community Services of • King County Sexual Assault Resource
Western Washington Center
• CHI Franciscan • Kana Kai
• Child Care Resources • Mother Africa
• Children's Therapy Center • Multi-Service Center
• Circulo de Mamas • Nexus Youth and Family Services
• Communities In Schools of Federal Way (formerly Auburn Youth Resources)
• Consejo Counseling and Referral Service • Orion
• Crisis Clinic • Partner in Employment
• Department of Children, Youth and • Pediatric Interim Care Center
Families • Puget Sound Training Center
• Department of Commerce • Public Health of Seattle-King County
• Domestic Abuse Women's Network • Sound Generations
(DAWN) • Sound Mental Health
• Emergency Feeding Program • South Sudan Kuku Association of North
• Fair Housing Center of Washington America
• Federal Way Chamber of Commerce • St. Vincent De Paul Society
• Federal Way Community Caregiving • Valley Cities Counseling & Consultation
Network • Washington Engage
• Federal Way Senior Center • Washington Low-Income Housing
• Full Life Care Alliance
• FUSION • Washington Poison Center
• Habitat for Humanity Settle-King • YWCA
County
• Health Point
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 (Coe), 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
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5
AP-12 Participation -91.401, 91.105, 91.200(c)
1. 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
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6
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 2019
Program Year:
• CDBG
• Program Income
• City General Fund (targeted to human services/public services)
Pre-award costs incurred prior to the agreement with the U.S. Department of Housing and Urban
Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre-award costs
incurred by projects included in the 2019 Annual Action Plan will not impact future projects or future
years' funding. The incurred costs are necessary to the implementation of the activities and for
continuity of services to the community.
Anticipated Resources
Table 1-Expected Resources -Priority Table
Program Source Uses of Funds
of
Funds
CDBG public Acquisition,
-Admin and
federal Planning,
Economic
Development,
Housing,
Public
Improvements,
Public Services
Expected Amount Available Year 5
Annual Program Prior Year
Allocation: Income: Resources:
$ $ $
$ 691,143 $34,816 $155,918
Federal Way Annual Action Plan
2019
Total :
$
$881,877
Expected Narrative
Amount Description
Available
Remainder
of Con.
Plan$
$0 CDBG funds
leverage
additional
federal and
state funds.
Agencies are
able to
combine
funding
sources in
order to
provide a
wider range
of services to
the
community.
7
Program Source Uses of Funds Expected Amount Available Year 5 Expected Narrative
of Annual Program Prior Year Total: Amount Description
Funds Allocation: Income: Resources: $ Available
$ $ $ Remainder
of Con.
Plan$
General public Public Services $536,000 $0 $0 $536,000 $0 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.
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
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8
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 Performing Arts and Event Center (PAEC)
was built. As described in this plan, the PAEC has and will continue to 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 used Section 108 Loan funds in support of the PAEC development, jobs created
through the facility and as a result of related development are available for low-and moderate-income
persons.
Discussion
CDBG funds will be used to support eligible activities in accordance with CDBG regulations .
Federal Way Annual Action Plan
2019
9
Annual Goals and Objectives
AP-20 Annual Goals and Objectives -91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Goal Name
Order
1 EXPAND ECONOMIC
OPPORTUNITIES
Funding
CDBG: $285,848
Goal Name
2 PROVIDE DECENT,
AFFORDABLE HOUSING
Funding
CDBG: $300,229
Goal Name
3 ESTABLISH SUITABLE
LIVING ENVIRONMENTS
Funding
CDBG: $157,800
Table 2 -Goals Summary
Start End Category Needs Addressed
Vear Vear
2016 2019 Non-Housing Economic Development
Community and Job Growth
Development
Goal Outcome
Indicator
Jobs created/retained: 7 Jobs
Businesses assisted: 18 Businesses Assisted
People Assisted : 50 People
Start End Category Needs Addressed
Vear Vear
2016 2019 Affordable Housing Affordable Housing
Preservation
Goal Outcome
Indicator
16 affordable housing units preserved
Start End Category Needs Addressed
Vear Vear
2016 2019 Non-Housing Ensure a Suitable Living
Community Environment
Development
Goal Outcome
Indicator
Public Service activities other than Low-and Moderate-
Income Housing Benefit: 344 Persons Assisted
Housing Units Resolving Violations: 100
Federal Way Annual Action Plan
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10
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 MSC Rental Assistance
7 MSC YES Program
8 Orion Employment Services
9 Pediatric Interim Care Center
10 Apprenticeship & Non-traditional Employment for Women (ANEW)
11 Highline Economic Development Program
12 Habitat for Humanity Seattle-King County -2019 FW Repairs
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 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
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
2019
11
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: $134,000
Description CDBG Program Planning & Administration for PY2019
Target Date 12/31/2019
Estimate the
number and type of
families that will
benefit from the
proposed activities
Location Description 33325 8th Avenue S, Federal Way, WA 98003
Planned Activities CDBG Administration
2 Project Name Housing Repair Program
Target Area
Goals Supported PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed Affordable Housing Preservation
Funding CDBG: $197,229
Description Housing repair program helping low/low mod income homeowners repair
their homes to a safe condition.
Target Date 12/31/2019
Estimate the 8 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
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12
3 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type of
families that will
benefit from the
proposed activities
Location Description
Planned Activities
4 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type of
families that will
benefit from the
proposed activities
Location Description
Planned Activities
Debt Service on Federal Way PAEC Section 108 Loan
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG: $235,000
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 2019.
12/31/2019
7 jobs will be created .
31510 20th Avenue South, Federal Way, WA 98003
Census Tract #53033030006
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 $235,000 per year over
the 20-year term.
Code Compliance
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG: $76,000
Support for staff to engage in code compliance related to City Zoning and
related codes.
12/31/2019
100 Housing Units
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 .
Code Compliance
Federal Way Annual Action Plan
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13
5 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
6 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
Federal Way Community Center Inclusion Program
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG: $29,000
The Inclusion Program provides social activities and classes for
developmentally disabled adults.
12/31/2019
300 disabled individuals will benefit from this activity.
The majority of activities will be provided at the Federal Way Community
Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities will
be provided off-site.
Social activities, life skills training, trips, and others.
MSC Rental Assistance
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG: $32,800
Multi-Service Center will provide rental assistance to eligible Federal Way
residents in crisis.
12/31/2019
40 individuals will benefit from rental assistance.
Services will be provided at the Multi-Service Center (1200 S. 336th Street,
Federal Way, WA 98003).
Individuals will receive short-term rental assistance to prevent eviction .
Federal Way Annual Action Plan
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14
7 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
8 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
MSC YES Program
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG: $12,178
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.
12/31/2019
20 individuals between the ages of 16 and 24 will benefit .
Services will occur at the Multi-Service Center {1200 S. 336th Street, Federal
Way, WA 98003).
Classes and training to help youth obtain their GED, secure employment,
continue post-secondary schooling.
Orion Employment Services
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG: $10,000
Employment Services for disabled adults.
12/31/2019
3 individuals will benefit from this activity.
Job training will be provided at 1590 A Street NE, Auburn, WA 98002.
Vocational counseling and skills training to obtain employment.
Federal Way Annual Action Plan
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15
9 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
10 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
Pediatric Interim Care Center
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Ensure a Suitable Living Environment
CDBG: $10,000
Interim care of drug-exposed infants.
12/31/2019
1 infant will benefit from this activity.
Services will be provided at 328 4th Avenue S, Kent, WA 98032.
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.
Apprenticeship & Non-traditional Employment for Women (ANEW)
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG: $8,670
Pre-apprenticeship training and employment services
12/31/2019
5 individuals will receive job training and employment services/case
management.
Activities will be provided at Apprenticeship & Non-traditional Employment
for Women (ANEW) (550 SW ih Street, Renton, WA 98057)
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.
Federal Way Annual Action Plan
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16
11 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
12 Project Name
Target Area
Goals Supported
Needs Addressed
Funding
Description
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
Highline Economic Development Program
EXPAND ECONOMIC OPPORTUNITIES
Economic Development and Job Growth
CDBG: $30,000
Technical Assistance to microenterprise business owners, entrepreneurs,
and start-up businesses located in the approved Neighborhood
Revitalization Strategy Area
12/31/2019
18 individuals will receive technical assistance .
Activities will be provided at Highline College (2400 S. 240th Street, Des
Moines, WA 98198) and in the NRSA to the extent possible.
Business advisors will provide one-to-one technical assistance and advising
to business owners looking to start or grow their businesses as well as
educational interventions that are aimed at enhancing small business, self-
employment, and micro-enterprise in Federal Way.
Habitat for Humanity Seattle-King County-2019 Federal Way Repairs
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Affordable Housing Preservation
CDBG: $103,000
Housing repair program helping low/low mod income homeowners repair
their homes to a safe condition.
12/31/2019
8 families will benefit in 2019 .
This activity will take place at a location to be determined within the
approved NRSA.
Housing repair for extremely low-, low-, and moderate-income
homeowners. Work is primarily focused on exterior health and safety issues
and ADA accessibility improvements.
Federal Way Annual Action Plan
2019
17
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
2019
18
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.
The City worked with local cities to implement a Parallel Application process to the Human Services
General Fund process. The Parallel Application focused on underserved, underrepresented, and
underfunded communities with particular focus on organizations and programs serving communities of
color, immigrants, and/or refugees. For 2017-2018, the City funded five programs for a total of $14,500
per year and has seen great success and will be providing $15,000 to three programs for both 2019 and
2020.
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. The program does not specifically target households
with elderly individuals, but does serve primarily older adults and often incorporates renovations that
assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades
including grab bars and accessible showers, and so on.
The City of Federal Way is considering participation in the South King County Housing and Homelessness
Partnership (SKHHP) in collaboration with other cities in south King County. SKHHP will focus on assisting
the region in in meeting affordable housing and homeless needs.
Actions planned to reduce lead-based paint hazards
The City of Federal Way works to reduce lead-based paint hazards by complying with and requiring
subrecipients to comply with the Lead-Based Paint requirements set forth in 24 CFR Part 35. This
includes meeting the requirements for notification, identification, and stabilization of deteriorated
paint; identification and control of lead-based paint hazards; and identification and abatement of lead-
based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA,
Federal Way Annual Action Plan 19
2019
HUD, and the U.S. Consumer Product Safety Commission is also distributed .
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 and outreach to increase opportunities for low-income residents to obtain livable wage jobs .
Actions planned to develop institutional structure
In 2019, the Community Services Division will:
• Update the Division website to include pertinent information for community-based
organizations for planning and program implementation purposes, and for individuals seeking
resources for community development. ·
• Continue to advocate for additional resources for a coordinated approach to community
development and planning to address poverty issues, affordable housing, job creation, and
community revitalization initiatives.
• Continue to participate in collaborative efforts with other funders, private sector groups, and
agency coalitions such as the COC.
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 ofthe 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
2019
20
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:
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:
3. The amount of surplus funds from urban renewal settlements:
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:
5. The amount of income from float-funded activities:
Federal Way Annual Action Plan
2019
$0
$0
$0
$0
$0
21
Other CDBG Requirements
1. The amount of urgent need activities :
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 PY2019, the percentage in this Annual Action Plan:
Federal Way Annual Action Plan
2019
$0
100.0%
22
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE SENIOR ADVISORY COMMISSION
ITEM#:
POLICY QUESTION: Should the City Council appoint members to the Senior Advisory Commission?
COMMITTEE: N/ A
CATEGORY:
D Consent
1:8'.:1 City Council Business
D Ordinance
D Resolution
MEETING DA TE: N/ A
•
•
Public Hearing
Other
7a
STAFF REPORT BY: Ste hanie Courtne., Ci!).'._C_l_e_rk ___________ D_E_P_T_: _M_a~y_o_r'_s_O_ffi_1c_e _____ _
Background: Per Federal Way Revised Code 2.62.030, the Senior Advisory Commission is comprised of up to
nine (9) voting members and three (3) alternate members who are appointed by the City Council. Members and
serve three (3) year terms without.
Currently there are three (3) voting and (1) alternate positions due to term expirations. Three (3) applications
were received in response to the City Clerk's recruitment process as well as one letter of interest from a current
alternate member in good standing seeking appointment to a voting position.
At their September 1, 2020 Special Meeting the City Council interviewed the four applicants (Donna Williams,
Kenneth Pratt, Sue Ellebecht, and Frank Fields).
Options Considered:
1. A h fi II .ppo111tt e o owmg app 1cants to t e emor VISOry h S . Ad. C omm1ss10n wit fi II terms as o ows:
I. Voting Member 08/31/2023
2 . Voting Member 08/31/2023
3 . Voting Member 08/31/2023
4. Alternate Member 08/31/2023
5. currently filled by Frank Fields Alternate Member 08/31/2021
2. Direct the City Clerk to advertise for additional applicants for the Senior Advisory Commission.
MAYOR'S RECOMMENDATION: NIA
MAYOR APPROVAL: NIA
Committee
Initial/Date
COMMITTEE RECOMMENDATION: NIA
NIA
Council
Initial/Date
PROPOSED COUNCIL MOTION: "I move the following appointments to the Senior Advisory Commission ... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTION #
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PARKS AND RECREATION COMMISSION APPOINTMENT
ITEM#: 7b
POLICY QUESTION: Should the City Council appoint a new member to Parks and Recreation Commission?
COMMITTEE: NI A
CATEGORY:
D Consent
~ City Council Business
STAFF REPORT BY: Ste hanie Courtne
D Ordinance
D Resolution
Clerk
MEETING DATE: NI A
• •
Public Hearing
Other.
DEPT: Mayor's Office
Background: The Parks and Recreation Commission is comprised of nine (9) voting members and two (2)
alternates who are appointed by the City Council to serve three-year terms (per FWRC 2.85.020).
There are currently three (3) vacant voting terms and two (2) vacant alternate terms. One application was
received in response to the City Clerk's recruitment process.
At their September 1, 2020 Special Meeting the City Council interviewed the applicant seeking appointment to
the Parks and Recreation Commission (Gary Rich).
Options Considered:
1. Appoint Gary Rich as a voting member of the Parks and Recreation Commission with a term to expire April
30, 2023.
2. Direct the City Clerk to advertise for additional applicants for the Parks and Recreation Commission.
MAYOR'S RECOMMENDATION: NI A
MAYOR APPROVAL: NIA --------Committee
Initial/Date
COMMITTEE RECOMMENDATION: NIA
NIA
Council
Initial/Date
CITY CLERK APPROVAL:
PROPOSED COUNCIL MOTION: "I move to appoint Gary Rich as a voting member of the Parks and Recreation
Commission for a term to expire April 30, 2023."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: • APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -04/2019
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTION #
COUNCIL MEETING DATE: Sept_em_b_er_l....:.,_2_02_0 ____________ I_T_E_M_#-=: ==7=c=-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION APPOINTMENT
POLICY QUESTION: Should the City Council appoint a new alternate member to the Arts Commission?
COMMITTEE: NI A
CATEGORY:
D Consent
lZJ City Council Business
STAFF REPORT BY: Ste hanie Courtne
D Ordinance
D Resolution
Clerk
MEETING DATE: NI A
•
•
Public Hearing
Other
DEPT: Mayor's Office
Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are
appointed by the City Council to serve three-year terms per the Federal Way Revised Code (FWRC) 2.50.030.
Currently there are two (2) alternate positions vacant due to term expirations. One (1) application was received in
response to the City Clerk's recruitment process.
At their September 1, 2020 Special Meeting the City Council interviewed the applicant seeking appointment to
the Arts Commission (Shelley Tsui).
Options Considered:
1. Appoint Shelley Tsui as an alternate member of the Arts Commission with a term to expire December 31,
2021.
2. Direct the City Clerk to advertise for additional applicants for the Arts Commission.
MAYOR'S RECOMMENDATION: NI A
MAYOR APPROVAL: NIA ___ C_o_m_m,...itt-ee __ _
Initial/Date
NIA
Council
Initial/Date
PROPOSED COUNCIL MOTION: "I move to appoint Shelley Tsui as an alternate member of the Arts
Commission for a term to expire December 31, 2021"
(BE LO W TO BE COMPLETED B Y CIT Y CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: YOUTH COMMISSION APPOINTMENTS
ITEM#: 7d
POLICY QUESTION: Should the City Council extend expiring terms for one-year for Youth Commissioners due
to interruption of 2020 school year from COVID-19?
COMMITTEE: NI A
CATEGORY:
D Consent
1:8:J City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Ste hanie Courtney, Ci Clerk
MEETING DATE: NI A
• •
Public Hearing
Other
DEPT: Ma or's Office
Background: The Youth Commission is comprised of twelve voting and three (3) alternate members who are
high school students who reside in the Federal Way city limits and are appointed by the City Council to serve
two-year terms (per FWRC 2.60.040).
Due to the COVID-19 outbreak and per Governor lnselee's Proclamation 20-28 in-person meetings have been
prohibited since the beginning of April. Due to these circumstances the Youth Commission has been unable to
meet and members with terms expired August 31, 2020 have been unable to complete projects started their first
year of service.
As a result staff is proposing a one year/one time extension of the terms expired August 31, 2020 for those
commissioners who still meet the membership requirements in FWRC 2.60.040, namely they have not yet
graduated and still reside within city limits. There are six (6) commissioners for whom this would apply.
Options Considered:
E xten d h t e terms o f existing Y hC out omm1ss1on mem ers as o ows: b £ ll
I Amy Ojeaburu Voting Member 08/31/2021 4 Iris Hamilton Voting Member
2 Nie Pagliocco Voting Member 08/31/2021 5 Ankita Sharma Voting Member
3 Daniel Chung Voting Member 08/31 /2021 6 Samuel Lee Votin g Member
2. Direct the City Clerk to allow these terms to expire and advertise for new applicants .
MAYOR'S RECOMMENDATION: NI A
MAYOR APPROVAL: NIA --------Committee
Initial/Date
Council
Init ial/Date
CITY CLERK APPROVAL:
08/31/2021
08/31/2021
08/31 /2021
PROPOSED COUNCIL MOTION: "I move to extend the following Youth Commission terms as follows ... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLEDIDEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED -4/2019
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTION#
COUNCIL MEETING DATE: September 1, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Lease of Old Target Parking Lot to Fred Hutchinson Cancer Research Center
ITEM#: 7e
POLICY QUESTION: Should the City Council approve the Lease of a portion of the former Target property to
Fred Hutchinson Cancer Research Center?
COMMITTEE: NI A
CATEGORY:
D Consent
1:8:1 City Council Business
STAFF REPORT BY: Autumn Gressett
Attachments: 1. Staff Report
2. Agreement
Options Considered:
D Ordinance
D Resolution
MEETINGDATE: NIA
•
•
Public Hearing
Other -Information
Onl
DEPT: Parks
Option 1. Authorize Lease with Fred Hutchinson Cancer Research Center.
0 tion 2. Do not authorize the agreement and rovide staff with direction.
MAYOR'S RECOMMENDATION: Option 1. fl.~ DIRECTOR APPROVAL: flt:t(°"' 8/471,;az ,.
COMMITTEE RECOMMENDATION: NIA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement .. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (ordinances only)
REVISED-4/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 25, 2020
TO: Council President and City Council Members
VIA: Jim Ferrell, Mayor
FROM: Autumn Gressett, Contract Administrator/Community Relations Liaison
SUBJECT: Lease of the Old Target Parking Lot to Fred Hutchinson Cancer Research
Center
Financial Impacts:
The revenue to the City for Lease of the Old Target Parking Lot to Fred Hutchinson Cancer
Research Center will be $1,000 per month and will be credited to the Parks Department.
This revenue will assist in reducing the increasingly overwhelming work load within Parks &
Recreation, Public Works, Community Development and Police departments. In addition,
providing workload relief will continue to reduce liability and exposure to city employees
and promote a positive work environment.·
Background Information:
The Fred Hutch/UW Vaccine Trials Unit will be conducting efficacy studies looking at
vaccines to prevent COVID-19. The main research clinic is located in Seattle, but they are
also hoping to be able to provide study information and options for study participation to
communities beyond Seattle city limits. To date, they have enrolled people in COVID
observational studies in surrounding counties. The proposal to situate semi-permanent
trailers in Federal Way is a part of their goal to expand COVID research in additional areas.
They would aim to see interested individuals in the Federal Way location, to see if they are
interested and eligible to participate in a COVID vaccine study. Visits that would occur at
this site would include education/screening visits, vaccination visits and follow-up visits to
check on participant's health status.
Rev. 7/18
PARKING LICENSE
THIS PARKING LICENSE (the "License") is entered into this _ day of September, 2020
("Execution Date) with an effective date of 13th day of September 2020 ("Effective Date") by and
between the City of Federal Way, a Washington municipal corporation ("City"), and FRED
HUTCHINSON CANCER RESEARCH CENTER, a Washington State Public Benefit Corporation
("Licensee").
RECITALS
A. City is the owner of that certain improved parcel of real property located in the City of
Federal Way, King County, Washington commonly known as Old Target Parking Lot off
of Pete von Reichbauer Way S, located at 2141 S 314th South and legally described as
King County Parcel #0921049017 and #8575000020 ("Property").
B. City desires to grant to Licensee a exclusive license to use a portion of the Property for
the Permitted Use, as defined herein, with ingress and egress pursuant to the terms set
forth herein.
AGREEMENT
1. Premises. City hereby grants to Licensee a License to use an area located at the Property in the
locations depicted on the attached Exhibit A (the "Premises"). Licensee shall be required to provide a
secured chain link fence enclosure surrounding the area marked on Exhibit A. City also grants to Licensee
and its agents, employees, consultants, and invitees a non-exclusive license for vehicular and pedestrian
ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises.
This License shall terminate automatically at the expiration of the term.
2. Term. The term of this License shall commence on the Effective Date, and shall terminate on
September 13, 2021. This License may be extended for additional periods of time upon the mutual
written agreement of the City and the Licensee.
3. Rent. Licensee shall pay a monthly rental fee in the amount of One Thousand Dollars ($1,000)
("Rental Fee"). Licensee shall pay the Rental Fee by the 5th of each month.
4. Termination. Licensee may terminate this agreement with 30 days' notice to City. City may
terminate this agreement should Licensee fail to pay the Rental Fee as described above with five (5) days'
written notice and after allowing five (5) days for Licensee to cure the failure.
5. Use of Premises. The Premises shall be used for COVID-19 Vaccine Efficacy Studies material
storage, equipment and vehicle parking by Licensee and its agents, employees, consultants, and invitees
and for no other purpose without City's prior written consent. Licensee shall not create or maintain on the
Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations
now or hereafter in effect.
6. Access and Use. Licensee's access to the Premises shall be from 12:00am -11 :59pm, Monday
through Sunday. City reserves the right to make other uses of the Premises that do not interfere with
Licensee's use.
7. Liens and Improvements. Licensee shall not permit any mechanic's or materialmen's liens of any
kind to be enforced against the Premises for any work done or materials furnished thereon at the request
of or on behalf of Licensee.
8. Condition of Premises. Licensee accepts the Premises "as-is."
9. Maintenance and Repairs. City shall not be responsible for any costs associated with cleaning,
maintaining, and repairing the Premises.
10. Accidents and Liability, Insurance. City, its elected officials, officers, employees, agents, and
volunteers shall not be liable for any injury or damage to persons or property sustained by Licensee or
Licensee's invitees in and about the Premises or Property, except to the extent such injury or damage is
caused by City's or its elected officials', officers', employees', agents', or volunteers' negligence or
breach of this License. Licensee agrees to indemnify, defend and hold City and its elected officials,
officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees
(including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or
alleged to be suffered on the Property resulting from Licensee's negligence or breach of this License,
except to the extent caused by City's negligence or breach of this License. Licensee shall maintain
commercially reasonable liability insurance on the Premises and to name the City as an additional
insured.
11. Successors and Assigns. This License and each of the terms, prov1s1ons, conditions, and
covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.
12. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or
registered mail, by email or by recognized overnight courier addressed as follows:
If to Licensee:
Ifto City:
FRED HUTCHINSON CANCER RESEARCH CENTER
Attention: REGGIER MOYER
RMOYER@FREDHUTCH.ORG
1100 Fairview Ave N
Seattle, WA 98109
City of Federal Way
Attention: Autumn Gressett, Contract Administrator
Autumn.gressett@cityoffederalway.com
33325 8th Avenue South
Federal Way, WA 98003-6325
Or to such other address(es) or addressee(s) as any party entitled to receive notice hereunder shall
designate to the other in the manner provided herein for the service of notices. Rejection, refusal to
accept, or inability to deliver because of changed address or because no notice of changed address was
given, shall be deemed receipt.
13. Governmental Charges. City shall indemnify and save Licensee harmless from any taxes,
assessments or governmental charges of any kind which may be levied against the Premises.
14. Subrogation Waiver. Each of City and Licensee release and relieve the other and waive their
entire right of recovery against the other for loss or damage arising out of or incident to the perils
described in standard fire insurance policies and all perils described in the "Exte)J.ded Coverage"
insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or
Property, whether due to the negligence of either party, their agents, employees, or otherwise.
15. Entire Agreement. This License contains the entire agreement between the parties and supersedes
all other statements or understandings between the parties.
16. Counterparts. This License may be executed by the parties in any number of separate
counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties,
notwithstanding that all the parties are not signatories to the same counterpart. This License may be
executed by facsimile signatures or by electronic signatures (such as an executedpdf document emailed
by a party), and each counterpart executed and transmitted by facsimile or email shall have the same force
and effect as an originally executed document.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth.
[Signatures to Follow]
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
By ____________ _
Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk
DATE: ---------------
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
LICENSEE:
FRED HUTCHINSON CANCER RESEARCH CENTER
By: Reggie Moyer
Its: Purchasing Manager
Date: -------------
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that _________ is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledged it as the P urchas ing M ana ge r of Fred
Hutchinson Cancer Research Center to be the free and voluntary act and deed of such party for the uses
and purposes mentioned in the instrument.
Dated:
Notary Public in and for the State of Washington
Residing at ____________ _
Printed Name ------------
My appointment expires _______ _
EXHIBIT A
~1 r-
8a COUNCIL MEETING DATE: September 01, 2020 ITEM#: --------------------=====
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMEND ORDINANCE #08-575 -ADVANCE TRAVEL EXPENSE FUND
POLICY QUESTION: Should Council approve amending Ordinance #08-575 and transfer remaining funds to
City 's main account.
COMMITTEE: FEDRAC
CATEGORY:
D Consent
D City Council Business
IZJ Ordinance
D Resolution
MEETING DATE: 08/25/2020
• •
Public Hearing
Other
STAFF REPORT BY: Linda Walker,_F_in_a_n_c_ia_l _A_n_a-ly~s_t ________ D_EP_T_: F_1_· n_a_nc_e _______ _
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
COMMITTEE RECOMMENDATION: I move to.forward the proposed ordinance to the September OJ, 2020 Council
Meeting.for .first reading.
1Yolt1 vi 11 'hiom 1/J /u:fhl~
Committee Chair
funt/t1 vica:zoom ~~:w ____ _
Committee Member Committee Member
PROPOSED COUNClL MOTION(S):
FIRST READING OF ORDINANCE (SEPTEMBER 01, 2020): "I move to forward the proposed ordinance to the
September 15, 2020 Council Meeting.for second reading and enactment."
SECOND READING OF ORDINANCE (SEPTEMBER 15, 2020): "J move approval ~f the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED • DENIED • TABLED/DEFERRED/NO ACTION • MOVED TO SECOND READING (o rdinances 0111))
REVISED-11/2019
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
8/25/2020
CITY OF FEDERAL WAY
MEMORANDUM
City Council Members
Jim Ferrell, Mayor
Ade Ariwoola, Finance Director ~
Amend Ordinance #08-575 Advance Travel Expense Fund
Background Information:
Ordinance #08-575 Advance Travel Expense Fund was established in 1990 to establish a
revolving fund , to be known as the advance travel expense revolving fund, to be used solely
for the purpose of making advance payments of such travel expense. In 2013, the city
entered into an agreement with State of Washington Enterprise Services, allowing the city
access to use the state's Credit Card Program. December 14, 2015 was the last activity of
this Advance Travel bank account. Funding for city travel is now done through accounts
payable, use of an assigned Credit Card or a combination of both. Therefore, there is no need
to maintain this Advance Travel bank account.
Financial Impacts:
Transferring funds from Key Bank Advance Travel Expense account to City's Main Bank
Account.
Rev 10/J 9
ORDINANCE NO. __ _
AN ORDINANCE of the City of Federal Way, Washington, relating
THE ADVANCE TRAVEL EXPENSE FUND; repealing FWRC
3.50.050 (Amending Ordinance Nos. 08-575 and 90-25)
WHEREAS THE City of Federal Way established an advanced travel fund in 1990 pursuant
to state law, and set the amount for the fund at Five Thousand and no /100 Dollars ($5000.00); and
WHEREAS, Advance Travel Expense Fund is no longer in use and will be closed, with
remaining balance of Ten Thousand and 02/100 Dollars ($10,000.02) to be transferred to City of
Federal Way, Key Bank Main Bank Account.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 3.50.050 is hereby repealed in its entirety.
e tion 2 . Severabilitv. Should any section , subsection, paragraph, sentence, clause, or phrase
ofthis ordinance , or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence ,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections , subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
make necessary corrections to this ordinance including, but not limited to, the correction of
Ordinance No. 20-__ Page 1 of 2
Rev 2/19
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Secti on 4. R atific ation. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of ----
20 ---------
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST :
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE :
ORDINANCE NO.:
Ordinance No. 20-Page 2 o/2
Rev 2/19
COUNCIL MEETING DATE: August 11, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: 8b
SUBJECT: ORDINANCE: CONDEMANTION OF OPERATION AND EASEMENT AGREEMENT ("OEA") WITH
HILLSIDE PLAZA ASSOCIATES, LLC.
POLICY QUESTION: Should City Council approve an ordinance authorizing the City Attorney to commence
condemnation proceedings for the purpose of extinguishing the OEA with Hillside Plaza Associates, LLC?
COMMITTEE: NIA
CATEGORY:
D Consent
D City Council Business
~ Ordinance
D Resolution
STAFF REPORT BY: J. R an Call, City_A_tt_o_rn_e----"-y ____ _
Attachments: 1. Staff Report
2. Condemnation Ordinance
Options Considered:
MEETING DATE: NI A
•
•
Public Hearing
Other
DEPT:Law
1. Approve the proposed ordinance authorizing the filing of a condemnation suit
2. Do not adopt the proposed ordinance authorizing condemnation and provide
direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: NIA -------Committee
Initial/Date
COMMITTEE RECOMMENDATION: NIA
Committee Chair
PROPOSED COUNCIL MOTION(S):
DIRECTOR APPROVAL: ~ ~lrjio~
Initial/Date
.I
Committee Member Committee Member
FIRST READING OF ORDINANCE (8111/2020): "I move to fonvard the proposed ordinance to the September 1,
2020 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (911/2020): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: • APPROVED
• DENIED • TABLED/DEFERRED/NO ACTION ~ MOVED TO SECOND READING (ordinances only)
~VI SED -11 /2 019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
MEMORANDUM
August 11, 2020
City Council Members
Jim Ferrell, Mayor
J. Ryan Call, City Attorney
SUBJECT: Condemnation of Operation and Easement Agreement ("OEA") with
Hillside Plaza Associates, LLC.
Financial Impacts:
A budget for extinguishing the subject OEA was included in the amended 2020 budget. Our
appraiser estimated the value of the property right in question to be $330,000 in 2018.
Subsequent appraisals that will be necessary, as part of this legal proceeding, may increase
that number somewhat. Hillside Plaza Associates' appraisal comes up with a much more
significant number of $4.3 million based on a theory of loss of business. Negotiations to
reach a mutually agreed upon value have been ongoing, but staff, retained condemnation
counsel, and expert appraisers believe that Hillside's number is highly inflated. Ultimately, if
we are unable to reach agreement on the value of this property right, a court would decide its
worth.
Background Information:
The City purchased the former Target property encumbered with an Operation and Easement
Agreement that restricts the use to mostly commercial uses like the operation of a large retail
store.
The City desires to create more parking for the P AEC, use the property as a temporary
construction lay-down site when needed, and create designated space reserved for future
City-related facilities ("Project"). The OEA limits the City's ability to use the property in
these ways.
The City has been in negotiations with Hillside Plaza Associates LLC to clear this easement.
However, the parties appear to be very far apart on their estimations of the value of this
property right. Staff and counsel will continue to negotiate to clear the easement, but
recommends proceeding with condemnation in parallel with these negotiations in case no
agreement can be reached.
If condemned, the City will be required to use the property for public use. The City will also
be required to pay the fair market value of the property as determined by the court and our
own legal fees.
Rev. 7/18
ORDINANCE NO. ------
AN ORDINANCE of the City of Federal Way, Washington, providing
for the acquisition of certain property rights for the purpose of
extinguishing that certain Operation and Easement Agreement
recorded under King County Recording No. 8612194598, as amended
under Recording No. 8704071270, as amended under Recording No.
20050718000838, as amended under Recording No. 20101222000936,
and as amended under Recording No. 20101222000937 (herein
"OEA"); describing the public use and necessity of such property;
directing staff to exhaust reasonable negotiation efforts to purchase
such extinguishment rights; providing for the condemnation of the
extinguishment rights; and directing the City Attorney or designated
outside legal counsel to initiate all necessary actions and proceedings
in the manner provided by law for said condemnation if attempts to
purchase said extinguishment rights are not successful.
WHEREAS, the City desires to improve the walkability of downtown Federal Way while
connecting the Performing Arts and Event Center to Town Square Park and the nearby Federal
Way Transit Center; create additional parking needs for the Performing Arts and Event Center;
create temporary construction lay-down space for existing and future City improvement projects;
and create designated space reserved for future City-related facilities (the "Project"); and
WHEREAS, the City has secured funding for the Project; and
WHEREAS, the City must acquire certain real property rights necessary for construction
of the Project and must justly compensate affected property owners for the property rights and
interests acquired; and
WHEREAS, the City prefers to acquire the necessary real property interests through
active negotiations with the affected owners of said properties, time is of the essence and the
City may not be able to acquire said interests by negotiation within the time limit mandated by
the Project; and
Ordinance No. 20-__ Page I o/5
Rev 2/19
WHEREAS, there exists in the City of Federal Way certain real property interests legally
described in Exhibit "A" of this ordinance that the City must extinguish for Project purposes; and
WHEREAS, the City Council finds that extinguishment of the OEA is critical to the
Project and that it is in the public interest to have the OEA extinguished for public convenience,
economic, safety, and City needs; and
WHEREAS, completion of the Project will positively address the important public
convenience, economic, safety, and City needs by providing improved facilities within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Notice. Pursuant to RCW 8.12.005 and RCW 8.25.290, notice of the
consideration of this ordinance was properly issued by mail on July 31, 2020 to all potentially
affected property owners and published in the proper legal newspapers on July 31, and August 7,
2020.
ection 2. Public N cessity. The public health, safety, necessity, and convemence
demand that the Project be constructed and maintained within the City and that certain real
property rights be extinguished, condemned, appropriated, taken, and/or damaged for the
construction of said Project needs as provided by this ordinance.
Section 3. Public Use. The improvements demanded by public health, safety,
convenience, and necessity, to wit: the construction of the Project, together with all
appurtenances and related work necessary to make a complete improvement in accordance with
the Project and other applicable City standards. Said improvements will be a part of property
owned by the City of Federal Way and open for use by the general public, and therefore
extinguishment of the OEAs for the construction of said Project constitutes a public use.
Ordinance No. 20-__ Page 2 o/5
Rev 2/19
Section 4. Property Acquisition Authorized. The Mayor or designee is authorized and
directed to negotiate and prepare such agreements as are customary and necessary for the
acquisition and extinguishment of the OEA interests described in Exhibit "A." The Mayor or
designee is further authorized to settle any condemnation litigation or enter into administrative
settlements (a settlement in lieu of initiating condemnation litigation) for the extinguishment of
the real property interests described in Exhibit "A." Such settlements shall be made only upon
the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair
market value.
ection 5. Condemned Property. The City Council of the City of Federal Way, after
reviewing the planned improvements, hereby declares that the OEA legally described in Exhibit
"A," to be and are hereby condemned, appropriated, taken, and/or damaged for the public use
and purpose of constructing the Project described in Sections 2 and 3 above. Further, the
condemnation, appropriation, taking, and/or damaging of the OEA shall be subject to paying just
compensation to the benefited owners thereof in the manner provided by law.
ection 6. Condemnation Legal Action. City staff is directed to exhaust reasonable
negotiation efforts to purchase such OEA extinguishment rights. In the event that these
negotiations are unsuccessful, the City Attorney or other attorney selected by the Mayor or his
designee is hereby authorized and directed to file all necessary actions and proceedings provided
by law to condemn, take, damage, and extinguish the OEA in order to carry out the provisions of
this ordinance, and is further authorized in conducting said condemnation proceedings and for
the purpose of minimizing damages, to stipulate as to the use of the Property and as to the
reservation of any right of use to the Property owner(s), provided that such reservation does not
interfere with the use of the Property by the City as provided in this ordinance.
Ordinance No. 20-Page 3 of 5
Rev 2/19
Section 7. Source of Funds. The entire cost of the property acquisition authorized by this
ordinance, including all costs and expenses of condemnation proceedings, shall be paid out of the
general fund and available grants.
Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. orrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
[signatures to follow]
Ordinance No. 20-Page 4 o/5
Rev 2/19
PASSED by the City Council of the City of Federal Way this ____ day of
20 --------
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 20-
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
Page 5 o/5
Rev 2/19
Exhibit A
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OPERATION AND EASEMENT AGREEMENT
BETWEEN
DAYTON HUDSON CORPORATION
and
BCE DEVELOPMENT, INC,
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OPERATION AND EASEMENT AGREEMENT
TABLE OF CONTENTS
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PARTIES •••••••.•••. , • , • , • , • , , •• , : ; • , ••
Article I DEFINITIONS ......... +~ ... • ...... , .... ,••••••,.
1.1
1. 2
1. 3
1.4
1.5
l. 6
1,7
1.8
1.9
2.1
2. 2
2.]
2.4
2.5
2. 6
Building Area .• , •• , , • , • , , , • , .-•• ., , .•• ,.
Common Area •.•••.••••••••• , •••• .,. ....... .
Floor Area ••• , .••••.••••••.•••• , ••••••
Occupant •..•••• , •••••...••••. ~ ••. , •.••
Outslcle Sales Area ••....•....••..•..••
Party .•...•••••..•••...•..•.• • ••.••••••
Person •...................................
Permi ttee.,, ••••••••• , •••••••.••. , ••. ,
Tract ................................. , ... .
EASEMENTS., ••• ,,,.,.,, •••• , ••• ,,, •• ,,,
Ingress and Egress ................ ,. ..
Utilities ••.••.•••.•..••.•••••••••••••
Construction, Maintenance and
Reconstruction ...................... ,,
No-build Easement .................... .
Restriction •..•....•.• ,, .••••••••..•••
Abandonment •..••••••..••••..•.•..•..• ,
Article III CONSTRUCTION •..•........•.. , ••••• , •. ,,
3,1
3. 2
).]
Articla
4,1
4. 2
4. l
Articld
5 . 1
5 , 2
5. 3
IV
V
General Requirements.,-~~•·•••••~•~•••
Common i\reai •••••••• , ........... , ••• , • ~ ..
Oulldlng Improvement •••• , ............ ,
MAHITENANCE AND REPAIR.,,,,,,.,,.,,,.
llt:11 i tlee.,, •••• , •• , ••.••••. , •••• , ·:, ••
Cc:.mmon Aret11 ..•. ,, •• ,, •.•.• , ••• · ......... .
Builcllng Improvements and Ontll'ide
Sales l\rea ....... , , , . , . , .... , .... , .. ,
OPERATION OF THP. StlOPPING CENTER,.·.,,,
Ueca. , .•••....... , ...•....•.•.•• ~ •• , • ~
Lighting •• , , , • , , , , ..... , , , ••. , , •• , , ...
Signs .••. ,, •.•• ,.,,,, •.••..•..... ,.,,.
Page
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B a
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5.4 Insurance•··•·•••••••~•~•~•••••••;•,•· 25
5.5 T~xes and Assessments .••••••••••. ; ••• ~ 28
5 .. 6 Liens.. . . . . . . . . . • ............ , , . ~ •.• • 28
Article VI MISCELLANEOUS •...... , ~, ~ •.,, ._, t,'. •, 111.-• ~ •.,. 29
6.1
6.2
6.3
6.4
6.5
6.6
6.7 6.a
6.9
6.10
6 .11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
Article VII
7.1
Default ...... ,••~•.,.•••. J•. • •• •• , , ••• -
Interest. •.....•.. , ...•.•.............
Estoppel Cer~lficate •••••••••••.•••.•.
Notlca-e .•... , •..•.••. ·•• ........ •·• · •··
Approval Rights ••••••••.•.•.••...•••••
Cond!!mna t ion •• , •••...•.••.•.••••••••.•
Binding Effect •••••••••••••••••••••.. ,
Singular and Plural •••.•••.•.•••••.•••
Counterparts and Signature Pages ••••••
Negation 01 Partnership ••••••••
Not a Public Dedication •••••••• , .••..•
Excusable Delays •••••••••••••••.••••••
Severabi 1 ity ••.•••••••....•.•...••••••
Amendments •••••. ·•·-~•·• .......... ¥ ••• ~ ••
Captions and Capitalized Terms .•••••••
Minimization of Damages •••.•.•.•.•....
01::A Shall Con tin11e Notwi ths tandlng
Bret1ch., .•.••.. _ ..• , ••• , ••• , ". , .... '!'!• ,,..
Time .•• , .•...•....• , .. , .••...••.. , ••..
Non Waiver-. ........................ ,..
Benet l t ..... , , ....................... .
TERM. *,. •••••.••••••• , • , • , • , • • • , ., • ~ • "'_. •
Terl!I of thiz OEA ..................... .
Exhibit A Legal Deacriptlan of Target Tract
Exhibit B Legal Deecrlplion of Developec Tract
Rxhlbit C Auhmiaolon C.uldelines
Exhibit X Site, Plan
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OPERATION AND EASEMENT AGREEMENT
THI.S AGREEMENT ( "OEA. I is made and entered into as of
the ~ d ay o f !x:,s: «i,b ..,.-, l 9-jl6, b et,,,.cen DAYTOl'l
HUDSON CORP OR ATION , a H1n r;co o t a c o r .p.ora t.i o n ( "Ta r 9 et" I and
BCE DEV£LOPMEN T , INC., a o~laware corporatfonc•oeveloper"l.
WITNESS ETH
WllERl!AS, Target is the ownei:-of a: certain tract of land :
descrlbed in Exhibit A attached hereto ("Target Tract") and ·
identifi~d as such on Exhibit X !the "Stte Plan") attached
hereto; and
WH EREAS ; Developer is the
land d e scriber. {n exhibit 'B
Tract") and ider.tified as such
owne r of a·'. certain t r ac t of
atta ched h~reto C "Devel oper
on the .site .Plan; and
WHEREAS, the Target Tract and
(collectively the "Shopping center")
adjacent as shown .on the site Plan1 and
I
,:he ·. D~veloper Tract
are contiguous and
llllEREAS, the signatories hereto intend to develop and
operate their re spec ti ve Trac ta in ·conjunction with each
other as integral parts of a retail s_hopping complex and in
order to effectuate the common use and 'operation thereof
they desire to enter into certain covenants and agreements
as a part of a general plan, and to grant to each other cer-
tain reciprocal easements, in, to, over, and across their
respective Tracts.
NOW, THEllEf'ORE, ln consideration of the pi:emises, the
covenants and agreements hereinafter set forth and in
furtherance of the parties understanding, it is agreed ao
followo,
ARTICLE I
DEFINITIONS
l.l Dulld l!!!;l.__._gl!a, "Build i ng Arna~_. ~h,i ll mea n the
lirnlt&cl are~• o ~ the Shopplng CentM wlthil) which bu ild ings
C includl n~ r.anop -loG , nupport o, load lng doc:kH, t rue )( t amps
and othe r ou t ward extenelonal and /o r o ~tsld~ S a l es Ar e as may
be const r u cted, p l~cad or located. ·
l. 2 Com.-non l-r e a, •common Acea" oha ll mean al 1 an,aa
withln the e~terlor bou n d a ri es of th-e Shopping cent&c,
exclusive of Cll bulld l ngo and their reepective truck docks
and/or receiving ~rec u, ,i nd (iil any OutAide Salad Area.
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1.3 Floor /\re11 . 'Floor Area• shall mean: the actual
number of square feet of space contained on .:!iach floor
within ~hi, building 11s mt>nnun,d from the exterlo;r. facea of
the extecl.a·r Wlllle or store fron t and/or the <:etu:!i!'I:' line of
any co:nrnon wa!le r p.rov ldod, ho1<1ever, that . t.h",· fol loving
areas sha 1 t r.ot be l ncluded in ,iuch c11lcul11 t lon~·• Outside
Sa.lea Area., me2zan lne storage space, me%211n1ne off)ce space,
and any utility and/or mech.,nical equi pmen t coon or 11p.1ce.
Each Party !ll'l,>ll direct its architect to ,moJc.!i , 11 deter-
mination of iche totol. Floor l\c ea of 11ny building on such
Party'i Tcact within one hundr-ed twenty 1120) dayo of thi,
date of .:ompletioo of .such building. Within II reasonal>l.e
Ume thereafter, such Pa.cty s hall certify : to all other
Parties the Floor .l\rea applicable to such buil_din~,
, ·~ OIU'lng any period 0£ ret>uLlding, rep.tldng 1 roplacement
or reconstruction of a b11Udin9, the Ploor /\roa of that
build ln g sllall . be ,:leemed to be the same a.ll eili ted imrne-
dia tely prior to that period . Upon cO!llpl,etlon of such
rebuilding, repairing, r e placement or reconstruction, the
E'art,y upon whos<-T,:-1.>ct s uch building is located, 9hall cause
a """' .dcte.rmina1:lon of Floor Area for such building to be
made in the manner desc ribed obovc, and ouc h determination
shall be eent to any Party requesting the same.
l. 4 Occupant. ·occupant · shall me3n ariy Pe-r tion from
time to time entitled to the usll and occupancy ol any por-
tion of a bu1lding in tht? Shoppir.9 Ce,,t~r llndar 1>ny lease,
sublen.so , license, conce.saion, or othe r slmil.tt 1191::eement.
1.5 OU L&ido Sal e s Area. "out91de Sales /\rea• -ahatl mean
an area lmmed l toly adjacent to a building whic li h used
e>ecl11aivoly by ar. Occ upant of ouch building (or ea.fen and/or
s torage and 1o1hich l11 cncloaed by • fence or other accur1 ty
bucrlec . '!'he number of nquaro foot contained with!n an
Outolde S1110.'I ,,r"o ma y not alCcocd tw.,nt:· peresnt ( 201), o[
tho ~loor hroa attributable to th~ O.:eupont ualn9 the
Outaido Sotoo ~'""·
1,6 f!!~:t,. "Party• ~t,all moan each •l<Jnatoc)' her .. to
and, sftor ~omrllsnc~ vlth the notlca requirement• net forth
below, to th~jr ro~p~ctl~a oucc~oaoca dnd •~•lgnu who become
ownera of sny portion o! tho Shopping Center. .Untll tho
notice roquiromcnt I• complied wlth, tho tran nfarrln9 Party
shall (tor the purpose of this OV. only) be ~~e transtereo'e
agont. !:ach Par ty 011 .. 11 b'l ) !ob lo Cnr. tho pertorl!lance ot
all .:ovonants, ob~i9~tlonn and unde rtA klngo herein •at forth
with reopec t to t ho portion ot the Shovplr.g Ce nter: owned by
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it which accrue ci:Jring the period of such owno,;llhip, and
auch liability ehall continue with respect ,to ~y portion
transferred until the no~ice requirement set, f;,rt.h below i!I
complied with, at which time the transferring P11rty's per-
sonal liability shall terminate. The transferee earty shall
a~tomatically become l ia ble for all obligatiQJ.ls arising
after compliance with the-_notice and assumption r ~g uirement.
A Party transferring all or any portion -of its interest in
the Shcpplng Center shall give notice to all other Parties
of such transfer and shall include therein at I least the
following in[orm~tion,
Ii) the nam~ and address of the tranaferee1 and
(ii) a copy of the sur-vey showing the location and
indicati· J the legal description ci,f the por--
tion of the Shopping Center transfe~red.
Nothing contalned herein to the contrary shall •~ffect the
existence, priority, validity or enforceability of any lien
permi tt,ed hereunder which is placed upon the _transferred
portion of the Shopping Center prior to recel:P.t of the
notice. -~-~
l. 7 Per'lon . "Person• shall mean any individual, part-
nership,~ association, corporation, trust, o~.any other
form of business or government entity.
1.8 Pe r mlt tee •. "l'er111.i t toe~ shall me11n 1111 Occqpants and
the off ~directo r ~, employees, 11gcnts, contractors,
customers, vendors, suppliers, visitors, invitees, Jic~n-
seea, ~ubtenants, and concessional res of Occupants insofar
as their 11ctivitied relate to the intended use of tho
Shopping Center. l\mong others, Persons engaging in the
following activlties on the Common Area will not be c:an-
sidered to be Permitter.s1
Ci) Exhibiting 11ny placard, aign, or notice,
I U) Di •trlbuting any circular, handbUl, plllc11rd,
or booklet,
(Iii) Soliciting membarships or contributio~s,
(ivl ~arading, picketlng, or demon•trating1 and
Iv) F11iling to follow regu1"tions relating to th,.
uee of the Shopping Center. (
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' 1.9 Trac:t, "Trac:t" shall mean that· portion .of the
Shopping eeri'ter owned by a Party.
ARTICLE II
EASEMENTS
2.1 lngrese and eQ r l!S!l . Oudng t h'> te-rm :;f thi!I OEl\
each Partyhereby grA nt s a nd conve ys to each other P~~ty for
its uJ\e a'nd for the us o f lts Permlttee:i, in corMion with
othnrs entitled to use t he saqre , a non-excllL9i.ve easement
fo·c the p1usa90 and par-king Of 11ehlcl"a over and, acroos the
p>.1;rldn9 and dcive>-'ay are"s oC the gr.i ntor's Ti;ac-t , -a.i; the
same may from ti me to ti me be constructed ·and maintained for
such u,e "nd [or 1:he P!ISllage <1nd accomrnpdat:io.n of,
pedestrian~ over and ac~O!lfl tho_ patk•i •ng, dr_lv.ew.,ys and
sidewnlk areas of the qrD~tor's Trac t aa the same may from
time to t lm e be con s tnlctll cl a11d mainta ined f or au·ch use,
Such easement rlgfita 9hall be o.ubject to the fol.lowing
reservations as well aa other provialona .contained i .. n this
OEA: ~
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Ii) Excepr. for situations specifically provided
fc,r in the following subparagraphs, no, fence
or other barrier which would unreaLonably pre-
vent or obstruct the paaange of pedestrian or
vehicular travel for the purposeo herein per-
mitted shall be erected or permitted within or
across the easement areas; provided, however,
that the foregoing provision shall not '.prohi-
bit the installation of convenience factlitiea
(such as mailboxes, public telephones, benches
or oublic transportation sheliers). of
landscaping, berms or olanters, nor of limited
curbing and other forms of traffic cdntrole,
C ii l In connec:tlon with any construction,
rcconstcuction, repalr or maintenance on its
Tr11rt, "nch rarty ,.,n.,rvea the rig hi!. to· craata
n ~ tr,g l ng and/cir oto:r119 e area in :the• . :Common
hren on its Tract at such location aa will not
unr.,11sonably lntarfere with access beb•eon
•uch Tract and the other areas of the S~opplng
Cuutor.
I iii I Each rarty hereby re~orva, th11 Tight, from
time to time without nb t alnl ng tha conno n t or
appro1•sl of any ot hor P4rty, to m.ako ,.;, it.a
own· expenso, any inn lgnlt leant change, modifi-
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ca Uon or al tera tlon in its pcfr pon of the
Common Area, provided that:
< a J t h e acc essabil i ty of such C0;111mo n Area for
pedest rian and v ~b i c ular trat!ic ~(a e it rela-
tes t o th e r e ma i nder of t h e ,Sho l?.p lng center)
is not. un r eationably ree tricfed !)r hindered,
( bl th e.r-e shall be main tained a.t all times
"'ithin :1uc h Common Area , a suf ficient number
of ve hicu lar pa rki ng spac es t~ meat the
parking requireme n t s s e t forth in. 3.2CE), and
all parking stall~ and r ows &,hall remain
gene~ally as shown on the Site Plap;
(cl no q o vernmental r ulu , ord~nanc~ or regula-
tion s hall be violated as a reS!,llt of such
action, and such action shall no_t result in
any other Party being in ~iolat1on of any
governmental rule, ordinance or r~gulation;
( d l no change shall be .mad e in -the access
points between the Common Are~ and the public
streets; provided, however, that additional
access points may be c rea ted wit h the approval
of Targ ec a nd Developer, ,auch a pproval not to
be unreos?nah.ly wi -thbe.ld; ·
(el at least thirty (30) days prior to making
any such change, modifi.catlon or ·alteration,
the Party desiring to do such work ahall
deliver to each other Party copies of th~
pla~s therefor, and provid~d furthir that such
work ehall not occur between October let and
the following January 31st. ·
(iv) Ea~h Party reserves tha right to clnae oCt its
portion of the Commun 11.-.,a cor.auch reasonable
p~rlod ol tlmo ao ma y be legally r.oconao r y, in
tile opln ,o n ol ouch Porty's coun:1 a l, to i.,re-
vont Lh o ~c~ulaltlo n o f p roocripti v e r ights by
a11yor.0 1 provided, bowoYor, that prio r to
clon i ng off any p~rtlon of the Common ~ro a, au
haro l n provldud, auch Porty uho l l gi v e written
not i ce tu oo ch othor Party cf l t a int ert t l o n to
d o e o, a 11 d ,hal l atte-mpt to coocd l nato !luC'h
clor.lng wl th e o c h o ther Party so t h i>t no
un rea .,,onobto inter (i,ranco I n tho [pa aaago o f
potle~t..rlana or v e hlc l e s a h a ll occur,
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( v) :each P11rty reserves the right -!it an~• time and
from time to time to exclude a,nd restrain any
Person who is not a Permittee from using its
Common i>.rea.
2.2 Utillties.
(I\> Each Party hereby g_ra.nta and. r.:o~veyt-to each other
Party non-i»cclueive pl.'rpetua l e11seme nts ln , to, ova.r, undEfr,
along llnd ilcroas t hose ·portions . of the Common Area
Cexclu~ive o! any portion lo.::ated wlthi.n a Bulldlng Area)
loc,ated on the grantor'r; Tract necessary fcrr. t -ha inatalla-
tion, operation, fl o't, ·passage, uae, mi,lnte,nance, connec·-
tlon, rep.cir, relocation, and -teJn oval of l~nes or systems
for ut.llldes .serving the gr11 ntae's Tr1u:t, i nc:1-ud ln.g but no !:
limited to, sanjr uy sewers, storm dra1ne, 'lfB·ter (Ii.re and
dome st le:), 911s, electrical, telephone and.. communlcat lon
lines. Except wl th respect to gr.ound mouoted elect.rlcal
tr/Jn sform,H:s ,n tho rear of a bu~.ldln9 ,or ae 111ay be
necessa r'} dur in9 pel:' iods of con s truct!on, repa Ir, or t eJ11-
pora ~ y service, all utll i ties shol.l l be underground· unleaa
required t" be above 9round by the utility providing such
servic~. Prinr to exerching the :-ig-ht granted he-rein, th&
grantee shall first provide the grantor with a written sta-
tement describing the need for such easement, shall identify
the propo,ed loca tion of the utility, and shall furn hh a
certificate of insurance showing that lts conti::a.ctor has
obtained the minimum insurance covcr..,ge required by 5. 4 (C)
hereof. Any Party installing utlliti~s purouant to th& pro-
visions of thls subparagraph shall pay all c=ts and expen-
ses with respect thereto and shall cauaa all !o'Ork ln
connection thercw i th ( including genera l clean-u·p arid proper
8Urface ,ind /or subsu,•f ace reo t ornt!on) to be c om pleted as
quickly ,is po.so!b!e and in a manr.er ao as ·to minlmi~o inter-
ference wl th the uac, of the Cotn111on Ar<ia ·by thu PartJ as
hereto. If any of tha Partlea elocts to lnatall cotlllllon uti-
lltioR, 1111 coot! and expenses thereot may b• ~et !orth in a
eeparete agreoment between tho•e cooperating Partl~!.
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<Ill Tl,i, l-nlt l,i\ locotion nnd wi dth of any utll 1 ty ahall
bl} uu 1joct to the ;>rlor writ~on 11pproval of the Pe,ty whoa<>
Co,N!lon I, rc,n l 5 1:.0 bo burdened thereby, such approval not to
be unron •on ably 1-'ithhold. The ea,omont !lr~-o al)all bo no
larger than .,.hatdvor l• nocesury t o ,o,.sun11-bl·y a .. tiafy the
utility co,npany ,ui toe puMlc utUJty or (Iv& {o&t (S') on
e,ich old .. o( t h <' cent'lrUno ., .. to " pdYlll:f" line. Upon
request, the grantee shall proviclo to '::h!>. gc-antor II c:opy of
no ,i.s -built survey showing the toe tlon of such utility.
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i •he grantor shall have the right at an·Y. tlme to relocate a
utility line u;,on thirty (30) day's' prior written notice,
p.ovided that such relocation:
Ci) nhall not interfere w!th ~or diminish the uti-
lity services to the granheei
I ii l shall not reduce ot : ~nreasonably impair
the usefulness or function •of auch uti lity;
liiil s~all be performed witho~f cost or expense to
grantee;
Civ> shall be completed, us .ing materials and
design standards which e~ual or exceed those
originally used; and
Cv) shall have been approved ,by the utility com-
pany and the appropriate governmental or
quasi-governmental agenci~s having jurisdic-
tion thereover.
Documentation of the relocated eaaoment area shall be the
grantor's expense and shall be accomplished as soon as
possible . Grantee shall have a right to require an as~built
survey of such relocated utility be delivered to it at gran -
tor's expense.
2.3 Conotructi on , kalntenancc and Rc c onstr~c t i on.
(>.) In order to 11c c omrnode.t e an)' fo o tln()a , fou nda t ions,
col ulTlnS or walls which rMY be con:i tr ucted or re.const ,uc ted
Immediately adj<1cent to a common bo11nd<1C )'.' line n n d wt,loh may
overlap that COG\lllon bound<1r y line , c n ch Party g ran ts t o eac h
o h<!r Par t y a non -axclu o i vo e11acmont In, to, ovo_r, u nd e r,
a nd 11cro•a tha t portion of I to Tract a<ljnc e nt to auch c .nm!Tlon
bounrlaey lino ln npe co no t tho r otofo ro occ11plod by a~y than
exi~tl n q struct u re tor th o construction, mnintcn a nce and
replocoma n t of f oo tlngo to 11. m.,ximum dhta·nce of flv o ,fo ot
{5') on t o t he 9ranto r'!t Tra ct and for -the con•!:r u ctlon,
ropla cem~nt <1nd m~lnt.ena n co of fou ndetl ono , Col umn~, or
1talla tu II o-,.>x l mum d l attinco of a1>1 Inches 16") o nto tho
grantor's Tr.act. The qrant of ea>1am1tnt, shall lnclt:d1t the
reaaonable right of acco as neceaq n r y tO' .exercise and enjoy
such grant. The ea ~a .,on t 1h,lll c ont inue in effect for the
term of t hlB OEA and t herea ftor •o l o ng 11 s th-0 bu ilding utl-
li2in9 the ~ouemon t aroa ex ute , Including a reasonable
period to p e rmit rocon etructlon or ro.placomeo t of auch
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" building if the same shall bEt destr_oyed, damaged, or demo-
lished.
(9) Prior to utilizing the easement :right set forth in
(A) above, the grantee Party shall 11dvi11p the grantor Party
of 1 ts int e ntion to use the !lame,, .Bhll 11 provide plans and
speci f ications ~nd p r o p osed cons truL cion t e chn l ques £or the
improvements to b e loc atod wit h i n the e 11 1eme nt are a. The
grantor Par ty shall ha v e thirty ()0) daya t o s u g ge~t d esign
changes_ rc.ason<1bly necessary t:o permit the plac_emen t above
ground nf a buil_d in<J o n oach 'I'cact imme~l_ate ly a dja c e nt to
the hou nda ry line , or to p e.rmi -t t he ua e of a common sub-
terranean constructlon element, which cllanges the grantee
Party sha l l inc,orpo r ll t e in 1t9 pla n·s and ,ape c,ifi c,a tions, the
grantee P art_y t o commence t h·ose c o nstruction a c,ti vities
required to h• un de rtak e n s imulta neo us l y .. Iii th tho so of the
grantee Pa c ty i f bo t h p a rties a re t o ,u se a c,ommon sub-
terranean c on stcu o tl_on e l e ment a .nd/o r p l ace a bu ildi n g upon
each Tract mrnedi ately adjacent to the· c,ommon b o un dary line.
Such delay sha ll -in no event exceed ·1ao-dllys from the date
the 9rantor Party receives the gran ~ee •. 'P arty's plans and
spec i t.i ,·atJons. If the gr.in to.r' a Par-ty does n ot re.epo n d in
writ ing withi n thirty (30) d a yo of rece i p t o f the pla n s and
epecificatlons, the grantor Party shall be deemed to have
waived any right to suggest c,hangeB or to ·lorc,e any delay Jn
the grantee ?a rty's construc,tion.
2.4 110-bulld easement . o evelop<1r hereby gr n t.s and con-
veys to Ta rget .toi-I s u se al\d bonfit a! t hirt y (30) foot
easement located along til e sout h boundary of t e a l property
c,ontiguous to the Tar9et Trac,t and owned by Developer, which
real property is legally described as Exhibit "D." No
buildings or other improvementa ehall be built on the ease-
ment by any Party and Target shall be e,1titled to ue1e the
easement for set bac,k requirements. ·
2.5 Rest nc,tlon. No Party shall grant any easement for-
the purpo se a11t forth in this Artic le for tho benefit of any
property not within the Shopping Center1 provided, however,
that the foregoing a~~ll not prohibit the granting or dedi-
Clltlng of utility e11s11 ru •mt11 by II Party on its Trac,t to
governmfintal or quasi-governmental authorities or to public
utllitiH.
2. 6 Ab..~donmen t. Any ea ee:n on t g ranted pur ,.uan t to the
provisio :"111 o~OBA ·may be a bandon ed o r tecm!n~te_d by ( i)
execution or an a gr-eeme nt ao a b a n d on in g pr tar m.in a t ing the
same, by the -Parties who than own the doff\inant and servient
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estates, or (11 J afte c a period o f f l ve CS> year~ ~r o ~ the
dat~ of th i s Agr enmc n t by the non-us e t he reof by th~-grantee
for a period e xcee ding two (2)· y ea r s an d t h e ex.p!C'at on of a
period of nlno t y ( 90 l <ley.11 a :ft ec not lee o( s u ch non-u :se ill
given by the 9t.ant.o.r . to the gtantee and the graqtee ,!ails to
res ,::,e llae thereof wlthin such ninety ('lOl day perioc;I .
2. 7 Pupet_tl ~en t . No t wi t hstand i ng ~he ter-
mination d a t e of t hi s Agreem e nt, t h e Pa.r tie s he r e by·,agree to
grant each other a p erpetual e1>se ma n t f-o r lngreo s an.d egress
as shown on Exh ib it X (e a s em e nt Area). ~
ARTICLE III
CONSTRUCTION
3.1 Gen e ra l ll e g uirem--nts.
!Al 'Ea,:,h P1nty ag r ees that 11 11 con st r u cti on ac t i vities
p l!rfor med by. i t w l ch i n the Shoppi ng Cente r sha ll b e p er-
fo cmod Jr\ c o mp l,.,.nce wlth all appli c&b l e laws, r u le~. re gu-
la t ions , ord e r s , and o rdina n c 1>s o! c.he clcy, c o u n t y, sta te,
a nd {¢d e r al gove~nment s , o c any dep3 r tme n t o c . agency
thereo f., aJfe t'."t l ng l1n ;n·o 11 eme nt s con at r uc t cd with ln the
Shi;ippJng Ceilt<:-r.
CRJ Each Party further agrees that its constructlon activities shall not :
( i) cause any unreasonable increase in
ofconstructing improvements upon
Party• a Tract,
th'!' cost
1>nother
(ill unreasonably Interfere with construction work
being performed on any other part 'of the
Shopping Center;
!ill) unreasonably lnte r !e ro with t he use, o ccupancy
oc enjoynfont ·of a n y p4 r L o f t h o rem.,1n·dcr of
the Shopping cent er by on y o t h "r Part y or lte
Permitt&cs:
C iv I cau.1e .any oth&r P4rty to be in vi-o lnt
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l on of
any 1,., ... CUll'I, regulation, order or crd l nance
applica b l o to· I to Tract of the citY;, county,
state, f <!d or a l govornment, or any .. dep.artment
or agen c y t h ereo f .
(C) ea clj Pa rty a grees t o d e f nnd , l nde mn l (y ond hold
1larmlaa11 e ach other Por ty f r om a ll claims , oc ti o na, pro-
ceedin911 a nd c os~.!I I nc u rred ln c o nru~cc.Jon th e_r ewith
I including re aa o n11b l o ott o rne.ya ' feo•>1 a nd co11t11 o f suit)
resulting !ram any accl dc n t, lnjury or lose or damage -~hat-
soever occurring to any ?erao n or to the proparty of any
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Peraon a,·uung out of or resulting from Fhe p~rrormance of
any construction activities performed or authorized by such
indemnifying Party.
ID) prior to con str uct i ng, rcconotcuctlng, r~pajrin9,
mal n talnlng, ccmodcllng, or enlnr9ln9 11 buildlnq or main-
t a1nlnq o .r chen9ing th CO/j1/no n >.r-ea on :ts Trnct, a Party
oholl d<\signat.e ~ st,.g!ng and .storaqe orea on the Common
Acco o n Its Tract ond ~hall give oach other Pact.y notice of
such loco t l nn at lcil.st ten ( 10 l days pr lor t o commencing
such ~·otk. all storage oE rn atedals .:,nd the parldn, of
construction vehicles, .1-n clud Inc, vehlcle:i of wotkcr~, .r hnll
occur on.ly on the con,it;ruct1ng -Party's Tract, If su~. t.an-
tial . wor-l( la .to be performed, t h o constructtng P,Ht)' &·h a .11,
at the request of any other Pllrty, fence off the st.:.gl.ng and
s torago <1rea. ·rpon completion of 11ucb, wa r •;, the
constructing PacLy shall restore the affected common Area to
a condition at leas t equa l to that exlot l ng prlor to commen-
cement of such ~ork.
CE> ~aoh Party hereby. grnn~s and conv_oys to each other
Pact_y and t.o J,ts n~spectivc qmt rac tor3, motc-rialmen and
labore·rs a temporary license to enteL' upon i:h e CotM1.0n Ac ea
of the gra ntor' ~ '!'race as shall. be reasona_bly neccs9ary for
the grantee to constr>1ct and/or n111-Lntal n i1mprovements u p on
t h e grnhtee ' s '1'ract; provided, however, tha t such llccn:1e
s ha ll be i n elfect only during perlodn when nctfal const.ruc-
tlon and/o r maintenance i3 being per f orme d -and provtded
!ucthor thot the use of r,.:ch lice n se s hall not be ex err.ised
::o as to unreasonably interfere with the uso ,ind operation
of the Common /\re:i by ot.hec,i. Prloc t.b exen:l,linq the
rights grilnb,d hereLn, the gro1ntec shall-!lest provide tho
grantor .,Jth II written !!tatemont describ ing the need for
such l lccn,ie, onrl shall furnish a certlUcate oE lnsu:-ance
showing th~t Lt o con t ractor ha-s obtained tho mi nimu m
ln utuftnce coil!!C-"90 roq u.l~cd by 5.•IC) b<>r cof. Jin;, Party
4 v11 l l11,9 lt.acH of the ternpor11cy l tconoe at,nll promptl!' pay
all co,iu and 'lxponsoo on:1oclated with su ch 1,1ork, •h111l
lll 1l9ontly completo such wo r k 111 quickly as poaalble, .rnd
nha ll promptly clean U10 ,Hco ond reatoro the a!fected por-
llon ol the Co,nmon i1ro11 to condition which Is c (JU1ll to er
bettar than thf' condition which e,cisted prior to the> commen-
cement of sueh work . Notwithstanding the foregoing, in the
event o dillpute oJ<lstn bct-ii,&n the c o11trac tor11 1 kborars
and/or othl'r" conncct.ed with c:un,tr'Jctlon act i 1,ltloa, each
Party ohall h_..vo tho right t o prohi b it ,tho cont.-.. ctors,
labore r• 4nd /o r other• worlClng !or ;ino~hor Party (r.,,n using
the Co mmon ~roA on lto Tract . ·
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3. 2 Commo n /l rea . Upo n its election . t o f. con struc t a
building u pon its Tra ct, en c h Party shall , cau,.,e the common
Area on i ts T r act to be lmp r o v e d substi,.ntia ll~'. as s hown on
the Site Plan with substantial completio!) of such common
Area to be no later than the date the first buainess on such
'L'ruct opens for business with the publi c . . suc)l work a.hall
be do;ie in a good and wor loi!a n like man ner .and in accordance
with good engineering standards; provid~d, however, the
following IDinimum genen1l design standards ,ahal;l be complied
with,
(Al The lighting system shall be designed -to produce a
m.lnimum malntlllned lightinc; intensity measured. a t grad e at
all points in the Co!Mlon Area of 1.00 f oot can~ie ; provi ded
however, that the extreme edge of the parking or drive areas
may hav e not less t:,an a minimum maintained ligh t i ng inten-
sity mea sured at grade of 0.5 foot c,rndle, lin d provided
further that the drive areas immediately in front of the
entrance to any building shall have not less than a minimum
maintained lighting intensity measured at grade of 5.0 foot
candles. Each Party may elect to control the light stan-
dards located on its land. The type and design 'of the light
standard ~hall be approved by Target and Developer.
CB) The slope in the parking area st,all not exc~ed a
maximum of four percent (41), nor be less than a minimum of
one percent (11 ).
CC) All sidewalks shall b9 concrete or other m3terial
approved by the Parties. The paved portions of the Corninon
Area sh11ll be paved in aceordancl? 111th a paving recoiNnen-
datlon oblained from a reput,,blc enginesrlng flrm approved
by the Parties.
CD) Utilitiea that 11ra placed undergrouncl shall be at
deptha of not less than that deaignated by consultants
approved t,y the Parties. Deaign and 11orking, drawings may be
prepared by the utility company provldJng the eo~vlca,
IE) ·rile parking ared on 1>ach Tract shall contidn •uf-
flc lent ground level , standard automobile ei 2e, p'arking spa-
cAH in ordi,r to comply with the following minimum
regulrtiments,
Cal five (5.0) parking npacee for each one
thousand (1,0~0) square feet of Floor Arp.a
located on the Target Tract,
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Cb) five (5.0J parkin9 spaces for; each one
thousand ( 1, 000.) square feet , of tl·,'>0:r Area
located on t.he Developer Tract;,
plus, with resp~ct to: each· Tract,
(c)
(dJ
if a business use contains a drive-up unit
( such "s remote banking teller or food
ordering/dispensing facility, then there
er.all also be creat.;,<1 space for stacking not
less than five (5) automobiles for each drive-
up unit; and ·
if a business use includes a restaurant which
has less than five thousand (5,0~0) square
feet oI Floor Area, then five (SJ ~dditlonal
parking spaces for each one t·housand (1,000 J
square feet of Floor Area ctevoted to.such use;
or
(e) if a business use includes a restaurant which
has five thoueand (5,000J square feet of Floor
Area or more, then ten ( 10) additional parking
spaces for each one thousand rr, 000) square
feet of Floor Area devcted to such use;
prov i ded ho w!!ve r, if a restaurant is operated incidentally
to a noth er bus i ness operation (gross sales of 10~ or leas
tl1an total busl~e~s or,er,,t.i.on), then the Ploor Arco occupied
by such re,it,1urant .shnll be excluded ftom the appl icatlon of
Cdl ar.d (el above . f'or the purposes 0£ Cd) and (el above,
"rcscau~ant• shall not Include ,uch u~ce n~ a yo9urt shop, 11
muffin a ho(}, an Ice cream sho~, a deli, 11 donut·· shop, o
candy shop , oc a ~l nntJmon-bu n ahop1 provldcd, howcv~., that
!n no eve~t shal l nn1 of theDc shopo occupy on an ~ndivldual
basis mote U1<1n t 1.1O thuu:iand 12,000) a quare toot o! floor
area..
Th& for oqn!1>q raqulrn mcnt1> 11s 1.1011 as all 9.ovornmental r.e9u·•
L!ltion •, <Jrd I ·•a t,ceo 1rnd a lmU,u order~ ,o latlng to pa rking
shall b<-not.lof!od wi t hout rolianc,:1 on th e po,rldng •paces
that m•y bo oualloblo o n 11not~er Tract, tn tho event of a
condemnatlon of part of a Tract or aale or tr,rnafe, in lleu
thareo r thtJt rcdUcc,11 tho numbor o f uaAbla p .. rklrt9 spacaa
bel ow that wh!ch la required herein , th Pan:,; whO•.! Tc-act
ia so 11tfcc,t-od eh .. 11 uoo ile re11ao11at:-lo effort11 1 lncludlng
usinc; proceeds .fro•• tha condo mnAtion awerd or 90ttlemontl to
restoro and/or substitute parkin9 space~ in ~rder to comply
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with the parking requirements set f orth above, If such
complJnnce Is not possible, such Party e ha ll no~ be deemed
in def.iolt her.eunder, bu.:. shall not be p"rm,[tte<j, to expand
the moun.t of !'loor Area located u po n its Tract:.,. until the
fore 9oln9 .r:e guircm!rn ts of thb Section 3.2(E} erq '.s4tisfied.
If such i,laor Area ls the r eaEter reduced, then ,L t may not
aubseq!.lently be increased unless the parking req'ilirement: is
satisfied,
(Fl oevelop-~r and Target hereb!' approve the ·~rading 11nd
drainage plan to be used in initial con.structd,an of the
Common l\rei'I, consisting of sheet 1 dated June, l9j,6, sheet 2
dar e d Noveml:!er, ,1966, sheet 3 d.a t!>d October, 1986-, and sheet
4 dated June, 198 6 and prepared by Ste_ppan , ,As ~ociates as
Job . No. 41460.28 wH.h last r ev·is ed date t.o 1111 shoetd being
De cember 9, 1986. bJch grad ing and dr ainaqo 'plan shall be
follo'l<!d by the P ar ti o, cluring c onstruction. ,ourl n9 the
term of this OeA,. no Party s h a ll a lter the· 9rado·•elov a tlons
on an y porti o n o f l t s Trll<'t !rom those cs tablls l\e d by such
plans J.f ·such alteration would increase the flot,r '\'of surface
water onto anc~her Party's Tract, affect ingress and egress,
or otherwise aciversely affect another Party's 1Trast,
3.3 Dulldi ng Improv emen t .
IA) The Parties hereby agree that all buildings and any
Outsicie Sales Areas may be located only within th~ Building
Areas designated on the Site Plan.
!Bl In order to produce an architecturally compatible
Shopping Center, ~eveloper and Target agree that th~ Initial
build!ng construction and any additions, exter!or ~emadeling
or reconstruction of existing improvements thereafter shall
be performed only in accordance with approved plans f~r such
work a.! provided herein. The !'arty proposing such work
shall submit to Developer and Target deta~led plane
!"Plana') as required by Exhibit c attached hereto and made
a part t h c re,,f. n 11vo lopor and Target, cospecUvol y, ahall
either Qpp:ove, dlJapprovc , or mAkc r ncommendatlon • for
c ba n9 0 In th<• Pl~n , within t hi rty (JO) daya of the ter.eipt
tl,eteo E. r11llure to npprove, dl1J11pprove 1 or p,11ke re comm,rn-
datlona (o r change wlth1~ said thi r ty (JO) day 1 p~r1od shall
const.l tule a.n ap proval o f tha l'lans 11s subniit ~e d. Any
dl aapp roval o r rec ommend a t i on for change shall •P clfy with
p<lrticu la r1 t y the raason therll for . up-<,r, aubiq l e s I.on o r a ny
tli11approv11l or r e commend~t lc.n f.:,r changa, t •hc i:.ubmlttlnq
P11r ty, O.evelop,:,r and 'l'a r ge't ahAU mu tua lly o):,n su lt t ·o
cat11btlsh a pp·rovcd P lan u for t he propos<>d ..,o r ~. tnrgi,t and
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Developer-shall not arbltn1r-ily or unr-;asonably withhold
approval of the Plans or-recommend chan.ges in the Plans
wh.i.ch other-wise confor-m with the r-equi r-ements her-eof. In
add! tlon, Devel aper and Tar-get shall not -with hold approva 1
of e xcr.·r ior remodeling .or exterior reconst,:.uct.ion wh .J.cl\ does
not e ither substantia lly enla1:ge an exlst,lng str1Jctt.1re, or
,rnL3ta nttally change an exi sting sttuc tu i;.c , In no event
shall one_ Pnrty require any other Pa _rty ,to utlll:u, design
standa ~d6 su perio r-to thos e utilized by tlte requidng Party
in the construction of improvements on its Tract. Approval
of Plans by Developer and Target shali not constitute
assumption of respons i bility for the accura cy, sufficiency,
or propriety ther-eof, nor ~hall such appr-oval constitute a
representation or warranty that the Plans comply with appli-
cable laws. No material deviation shall ,be made from the
approved Plans. Notwithstanding anything ·contllined herein,
Developer acknowledg _es that it is familiar-, with the "Target
retail store" and agrees that Target sha11·,not be obligated
to submit Plans with respect to such type of building.
(C) The Parties hereby specifically consent to the pla-
cement of buildings along the common bound.,.ry line between
the Target Tract and the Developer Tract, and each agrees to
su~port any request by the other for a s~de-yar-d or setback
variance if the same is r eq u ired in ·ocde:r to accommodate
such construction.
ID! Developer acknowledges that Target intends to
construct on the Target Tract a "Target reta.il store• which
is gener-ally classified under applicable bu~lding code regu-
lation as an "unlimited area• building. (By way of explana-
tion, but not limitatinn, such bu1ldin9 c_lai.,~iflcation i"
designated II-N or-SN under the Uniform Building Code.) So
long as Target plans to construct a building of such classi-
fic,etlon, or so 10-ng os a bu J)d l'nq of such clat1~if.tct1t ion
exi~t• on the T.,cgot Tract I In cluding any ri,stox-atlon or
reconstruction thereof), Developor agree• that any building
to be plncej or con~Lructad on the Devalopor Tract that ls
I! l located within 60 feet of the huildlng l\raa on the
Targ~t ~ract or 1111 locat~d wlthl• 60 feot of any bu ild ing
ret a r ence'd' in < i ) abovo r.h11.ll compl y with the r-equir ea:".'nts
of nal J c laS31Cl cation, lncludlro9 the ln5tallatioro oC an
approved eprln~ler sy~tu~a tor fire protectlon. In order to
<:onfirm t.he exlatence of a sixty foot (60') yard or clear
area around t~e Target buJldlng and th• building •, If any,
which are lncl~d<t<l lo/lthin (il and (li) above, it JMY be
necessary to place of record an in•trument ostabll3hlng the
same. Bach Party agrees to join in the llXllCUtion of such
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instrument in~ form satisfactory to such Parties. In addi-
tion to the requirements set forth above, no ,building
located on the Developer . 'l'rsct shall be pl,aced or
constructed in a manner . which will itself preclude the
construction of a building of such clas.!lir lc,Hloq on the
Target Tract.
(El The second Party ~o construct a building-,(long the
common boundary line between the Target Tract. and the
Developer Tract si,all do so ln a manner that do.es n_ot result
ln damage to the improvements in place on the 1tdjolning
Tract, and furthar shall undertake and ~ssume at :its sole
cost the obligation or completing and maintaining the nomi-
nal attachment !flashing and seal) of its building to that
of the existing building on the other Tract, it being the
intent of the Parti~s to establish and maintain the
appearance o~ one contin u ous bui ldlng comp lex. In per-
forming such 11ttachment, the wall of one buildl ng shall not
receive sup por t fr om nor ~pply pressure to t.hr, wal.J. of the
other build-ing.
(Fl If a portion of any Building Area is at·onr, point in
time paved and used as Common Area, such portion may be sub-
sequently used as Building Area provided that all parking
requirements and other provisions of this OEA for such Tract
are also c,ompl ied with. Likewise, if an area is at one
point in time occupied by a building, such b11ilding may be
subsequently razed, and until replaced, the area shall
thereafter, be deemed part of the Common Ar•:,.
(GI The follo wing building height restrictions shall be
applicable to the Shopf'.l ng Center:
<1> Target Tract
Ciil Developer Tract
30'
30'
No mechanical equlpm·ent, penthouse or itimllar appurt.&nant
atructuro locat9d on the roo( of a buUdin9 •hall extend
upward above t~e top of the bui!din9 more than flve faet
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4, l Ut 111 t 1 es ,
ARTICLE IV
MAlN"rENANCtl AND REPAIR
(A) Each Party shall repalr and maintain in flrat-claaa
condition all utility !acillties, lines, and systems , loc~ted
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on !ts Tract that serve only its Tract unless the same a e
rledlcated to ahd accepted by a public or quas£-rublic ut -
lity or authority and unless th.: l?arties elP.c.t to insta 1
common utill ties, in which ins lance all cos ts , and expenses
thereof shall be set forth on a separate agreemefT.t between the
Parties. · ·
1B) The grantee oE a utility easement referred to in
2.2(A) shall maJntain and repair at its cost any facilities
installed purPuant to such grant which exclusively serve
such grantee's Tract unless th-a same are granted or dedi-
cated to and ~ccepted by a utility or a governmental agency
acceptable to the grantor which agrees to maintain and
ruplace the same. Any maintenance and repair of non-
dedicated utilities located on another l?arty'a Tract shall
be performed only af~er two 12) weeks' notice to the granter
(except in an emergency the work may be in,~tiated with
reasonable notice) and shall be done after normal business
hours whenever possible and shall otherwise be•performed in
such a manner as to cause as little disturbance ln the use
of the grantor's Tract as is practicable under the cir-
cumstances. Any Party performing or causing to,:be performed
maintenance or repair work agrees to promptly pay all costs
and expenses associated therewith to diligen·tly complete
such work as quickly as possible and to pr·omptly clean the
area and restore the effected portion of the Common Area to
a condition equal to or better than the condltion which
existed prior to the commPncement of such work.
4.2 Common Area.
IA) Each Party agrees at its sole cost .:1nd expanse to
maint'!ln or c;<use to be maintained those portions al the
Common l\rea located on its 'l'r .. ct in flrst-clal!!I condition
and in compl lance with all applicable gave rnment11 l laws,
rule•, ,·agu lat ions, orders, and ord l nances and the prov i -
sione of thi5 OP.fl.
(B) Until the co,runon ,\r11a on a Tcaqt iii initially
improved, P shall bi, planted ao as to ·reduce dust and
thereafter kept mowed and free of debris, and otherwise
maintained eo as to prevent eroalon and present an attrac-
tive appearance.
(Cl Th~ minimum standard of maintenance for ~he
Common Area shall ue comparable to that follow~d
first class retail developments of comparab+o
King County, Washington and ahall include, but
limited to, the following,
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in other
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(il Maintain, r11 pair M d resu rface all dri v e and
parking a_r eas to keep t he .a11me i n a smooth and
evenly cove red c o n d itio n and p e r iodtca lly
sweep, c l e a n and <"eetr ipe t ho same . Such
activit i e !l shall, to the e x ten t po s s i b l .e, be
scheduled to occur prior to or after normal
business hours of the Shopping Center.
(li) Re.move papers, cle b r la, £1,lth, refuse, i ce and
sn·ow rrom the drive· and parking areas to the
extent necessary to keep .the same in a first-
clase, clean, and orderly,condition.
I iii) Install and maintain. ap~z:opriate directional
signsand markers, and ~eplace the same as
neceaa;•~Y.
(iv) Illuminate the drive .and_;:park i ng
maintain and replace I.ighting
bulbs and ballasts. ·•
areas, and-
facili tiea,
(v) Mai·ntain all landscaped areas, including the
replacement of shrubs a nd ~ther landscaping as
necessary, and ma i nta in any automatic
sprinkler system serving the landscaped areas.
(vi) Clean, sweep, maintain, and repair all
sidewalks.
(vii) Store all trash and garbage in adequate,
screened containers and provide for regular
collection of same.
ID I In the event any of the Common l\rea Ls damaged or
destroyed by ariy cau s e other than n o r mal wear a nd tear,
whether 1 n:1 u ri;d o r u n i n sured ,. during the t erm of th is DEA,
the Party upon who s e Tract a u c h Common t re a ls located shall
repair or reatoce euch Co111111on /\r<>.11 at : It& 110le coat and
exrense with all due dillgance1 provided however, that no
Partv ah~ll be required to expend more than ~250,000 (which
~mo.int shalt be increa11<'d on t.hi, {ifth annlvi,uary of this
OF.A and each flve,· y e ar pariod therea (t er be $S0 ,0 0 0 l ln
e>ecesa of Insurance p r oceeds which may b ~ availab lo f o r such
repair or roatorat.lon. Notwithstanding ; the foregoing, in
the event such damage or destruc t ion or Common Area ia
caus ed in who le or in part by an o t he r P&T t y or third Person,
the P~rty o b U gated to make 11 u c h re p a 1 c or restoration
reserves and retaine the right to proceed against auch other
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Party or third Person foe indemnity, contribution ~.r dama-
ges.
4.3 Building I~pcovements a nd Outside Sales
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Acea .
CAI After completion of ·con5truction, 011ch ,Party cove-
nants and agraes t.o mainta in and l<e o p the builu:ing il)llprovo-
ments and Outside Sales Acea, i f any, located on i~e Tract
in first-class condition and state of Lepair, in compliance
with all governmen t~l laws, rules, regulations, ora,ra, and
ordinances exercising jurlsdiot ion thereove~, and in
compliance 1o1i th the provisions of ti'lis OEA. Each Party
furlher agrees to store all trash and garbage in adequate
containers, to locate such containers so that they ~re not
readily vhible from the packing area, and to ,arrange for
re9ular removal of such t ash or garbage. ·
(Bl In the event any of the build;i.ng improveme.nts are
damaged by fire or other ca sualty (\/h ther in&ured qr not),
the Party upon who&e Tract suc h building improvements are
loca ted immediately shall remove the debris reaulting from
such event anti provide a sight.ly ba.rrier and wJ thin a reaso-
nabl e time th1:ueafter s hall either ( ii repair or restore the
build ing improvements so damaged, such repa ir or ,restoration
to be performed in accordance wit:.h all provi.eion s of this
OEA, or (ii) erect other building improvement.a in such loca-
tion, provi ded oll provisions of this OEA ere complied with,
or (ill) demolish the damaged portion of such building
improvements and restore the area to an attractive· condition
in which event the area shall be Common Area until a repla-
cement bu lldin9 is erected. Such Party 9hnl 1 ha ve the
option to choose which of the fon,going alt.e-r nat ives .'to per-
form, but such Party shall be obligated to perform one of
such alternatives. Such Party shall give notice •t,;, each
other Party within ninety ! 90) days from the date 6f such
casualty of which alternative it elects,
ARTICLE V
OPERATION Of THE SHOPPING CENTER
5 • l !!.!.!! .
! Al No part oE the Shopp! ng center shall be used for
other than retell sales or retail .services or COIIUll"rcial
purpoaae, providAd any rat.all aervicea loceted on any Tract
shell be of the type defined belo~ and 1hall in no ev&nt be
located in more than eight percent !811 of tha Snoppln9
Center, Retall eervic<,s as to the Developar Tract shall
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mean reta 1 l financial institutions, real estate, and stock
brokerage offices, travel agencies and similar us<>s pro-
viding services dir.,ctly to the public for retaiL:fees,
Notwithstanding the foregoing, no ~se ;;r service
shall be permitted in the Shopping Center which ls incon-
sistent with the operation of a fir •t-claaa retail •hopping
center. Without limiting the generality of the ,foregoing,
the following uses or servicea shall not be cona(stent with
the concept of a first class retail shopping Center,
Ii) Any use which emits an obnoxio~a odor, noise,
or sound which can be heard or smelled outside
of any building in the Shopping center; pro-
vided however,. that this prohih,tio~. shall not
prohibit a paging system or a restaurant;
Cii l Any operation primarily used as a• warehouse
operation and, any assembling, manufacturing,
distilling, refining, smelting, agricultural,
or. mining operation;
(iii) ~ny •second hand" store or •surplus" store;
(iv) Any mobile home park, trailer court, labor
camp, junkyard, or stockyard (except that this
provision shall not prohibit the temporary use
of construction trailers during periods of
construction, reconstruction, or malntenan~e);
(v) Any dumpin~, disposing, inciner~tion, or
reduction of garbage (exclusive of garbage
compactors located in the rear of any
building)7
(vi) Any fire sale, b11n)truptcy sale (unless pur-
suant to a court crde~l or auction house
ope rd t. ion,
(vl I) Any central laundry, dry cleaning plant, or
laundromat, provided, however, this prohibi-
tion shell not be applicable to on-site ser-
vice oriented to pickup and delivery by the
ultimate consumar, includin~ nominal sup-
porting facilities, 1111 the same may be found
in retail shopping dletricta in the metropoli-
tan area lihere the Shopping Canter i e · located,
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(viii) An _y automobile, truck, trailer or R.V. ules ,
leasing, display or repair1
(ix) Any bowling alley;
Cx) Any skating rink;
(xi) Any l.i\'ing quarters, sleeping apartments, or
lodg 1 ng , rooms;
(xiii Any veterinary hospital or animal raising
facilities (except that this pr~~ibition shall
not prohibit pet ahops)1
(xiii) Any mortuary;
(Xiv) Any establishment selling or e(,hibiting por-
nographic materials;
(XV) ·Any bar, tavern, rl!1ttaurant:, or other
establishment whose reasonably projected
annual gross revenues from the sale of alcoho-
lic beverages for on-pc~mises conaumption
exceeds sixty percent 1601) of the gross reve-
nues of such business;
<xvii Any health spa,
lxvill Any theatre;
!xviii> Any flea market, amusement arcade, pool or
billlard hall, car wash, or dance hall.
!Bl The following use and occupancy restrictions shall
be applicable to the Developer Tract,
Cl) No restaurant shall be locate~ thereon wlthln
150 Ceet ot the Target Trar.t,
ct:1 No junior department
e tore e~caed ing 30,000
Area shall be permittad1
store and/or apparel
squ~~ .. (e.et of Floor
IC) Tho n6mc "Target• ehnll not be ueed to 1d~nt1fy the
Shopping Cl!11.ter or any bu!lineaa or trade conducced on the
Developer Tract ,
(D) No merchandise, equipment or services ahall be
diaplayed, offered for &al~ or lease, or stored wlthln the
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Common Area; provided however, thJt the foreg.oi:ig prohihi-
tion shall not be applicable to Ii) the storage of shoppL.~
carte; I ii) the seasonal display "nd sale of .bedding plants
on the sidewalk ln front of a building/ or 1111) temporary
Shopping Center promotions. .1.
(El No Permittee shall be ch,.rged for th~• right to use
the Collllllon Ar11>a.
IF) Esch Party shall use i t s beet efforte '.to cause the
employees of the Occupants o f its Tract t6 park their
v~hicles only on such Tract.
5.2 Lighting.
IA) After comp' ,tion of the Common Area lighting system
on its Tract, each Party hereby covenants and agrees to keep
its Tract fully illuminated each day f r om dusk to at least
thirty (JO) minutes after the last bus lne6S operation on its
Tract has clo s ed, and further agrees to keep ,any exterior
building security lights on from dusk until dawn.
(Bl It is recognized that business establishments within
the Shopping Center may be open for business at different
hours, and that the owner or principal occupant .of one Tract
upon which a business establishment is open l~ter may wish
to have the Common Area lights on another Tcacb continue to
burn beyond the required period. Accordingly, the owner or
principal Occupant of such Tract ("Requesting Owner") shall
have the right, at any time to require the owner or prin-
cipal Occupant of the other Trac~ ( "R"quested Ol>'ner") to
keep its Collllllon l\r.:a lighte on until a later houc as stipu-
lated by the Requesting Owner; provided that the Requestin9
Owner not i fie £ the Requested owner o! aucn rcqu:est not less
than fifteen I 15) days in advance. •rr,e 'Requl:'!etlng Owner
shall state the period during which it wiehos the lights to
be l<ept on to a lat"r hour and sh11ll pay to the Requ1tsted
Own~r a pceµaym.,nt deposit aa followar
l. If the p1tr!od la leu than thirty llOl chys,
than thr deposit eh11ll be one hundred ten perc~nt Ill •\)
nf the r1t1uonablr, cost las estimated by tile RPguested
Owner) of electrical power for auch later hours to be
incurred by the Requested Owner.
i
2. If the perio,d 1B graatar ttian I.or equal to
thirty (30) days, then the deposit shall ha one hundred
ten percent 11101) of the reasonable cost las estimated
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by the :1e qu e:,t e d Ow ner ), of el ec tr ica l powe r d~ri n 9 the
first t h i r t y ( 30) days of t h e period for s uch l ater
hours t ,:, be. ln cur red by t he Req uested Owp er. If the
period ls g reeter t h an thirty 1301 days, ~hen the
Reguestln g ow n e r sha ll r e new such pre p ayment depos i t at
the end of each thirty (30) day perlod.
The Requ es t i ng Ow ner .ig r;,c 3 to poy one hundr e d t en percent
( 110\) of t he •oot t _o t h e Reg u e s ·ted Owner o 'c eie c tcical
powe r t o p rovide s uch e xt ra-hours illum.ination. II the
Requ e s t ed Owner i u of the opinion that tho depoa!ts ma de by
the Request.Ing Own-e r do not. c over on e hundred ten. p~rcent
lll0\l of such co.~ts, the Parties shall attempt to •agree to
the coat of such electrical power and if they cannot do so,
then the amount the R<'']Ues ting Owner is obligated to pay
shall be deten:iined fr0t .. tJ,e power costs as estimatep by the
electrical utility c.ompany furnishing such .power, or if .the
utility fails to do so, by a reputable engineer. Upon the
failure of a Requesting Owner to pay the aforesaid amount or
renew a d epo~it as required h e reby, the Re q ue sted owner
shall have the r!ght to discont i nue such addit i ona l lighting
and to exercise other re111odies herein provided, Any such
request for a tld i tional lighting may be withdrawn or ter-
minated at any time by written notice from the Requesting
owner, and a new requt:.>st or regue11ts for changed hours may
be made fro,n time to time.
(C/ As an alternative to th~ process of lighting
another's Tract as set forth in (BJ above, a Party
("Constructing Party") may install, with the consent ol the
other P~c ty <"Consen ting Pa r ty"), a second ary wirln g system,
from t he Consu·ucti.ng Party 's Tract to t he 1 1£?h t standards
on the Consontir,g P.i rty's Tract, which would p erm i t a por-
tion or all of the l i ght ing on the Consenting P.irt~•s Tract
tc be operated con tempora ne ously wi'th tht! lighting on the
Constructing Party's Tract, All coat • and expens"a aa<10-
ciated . .,it.h the in11tallation, maintenance, replacement, and
oper.itlon o f eu c h aecon d nry wiring, inc luding th e c o .it o(
en e rgy to light ~ny porti o n o f th~ Con~nn t lng Pft rty'• Tract,
tihdll b1> na,.umc d ~nd p r omp tly paid by the Co nst.meting
Party. Tl1e Constructing Party 11hall submit to the
Conaentin9 Party appropr late plans and ep.,c if lc11 t lon3 for
the inetallatlon of ,wch oBcondary wiring systemu. The
Conasnting Party shall /ldVO thirty ()0) dfty3 to ap p rove or
disapprove of auch au bmloa ion, auch a pproval not to be
unreasonably withheld. If the Consenting Party doaa not
disapprove of the submi~3ion within the 30-day period,
approval nholl be deemed given, if dlaapproval le <Jlven, the
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cone t ructing Party sha 11 rev iee the submi as ion to 11ccom-
moda te the reasonable objections of the Conse n ti n g Party and
then may re su b mi t such plans and spe c lfica'U on~ to the
Consenting Party fer i ts approval .
5.3 Signs,
No e~terior identification signs shall be ~llo~ed within
the Shopping Center except as set forth h~reina_fter.
(A) No freestanding sign shall be pei;iuitted within the
Shopping Cen te r unless constructed in areas , ;tes i g n ated on
the Site Pla n , and only one such sign may b e located in each
designated area, The Target sign area may be used to iden-
tify not more than two (21 Occupants of :the •Target Tn1ct.
The Devel oper sign Jrea may be used to identifi the Shoppiny
Center name and/or one Occupant of the oevelo~_r Tract. Tile
desig nation of a fre es t a n ding sign locat i on on.~ Tr act shall
in no way obligate the benef iting Party to con !ltruct such
free s t a n di ng sign. How ev·er, if such a freestand ing s _i gn is
constructed, the benefiting Party shall be r e .sponsible for
the sign's operation and maintenance on a fi rs t-cl ass basis.
Developer and Target shall have the right to ap pr.o.,e the
design and site of all freestanding signs: p ,o.,i ded,
howe-,er, that Developer hereby approves the use · by Target of
its standard prototype identification ~i gn as the s ame
exists f.rom time to time.
Notwithstanding anything above to the contrary,
each Party shall be permitted to place withip the Common
Area located on its Tract directional signs or informational
sig:is such as •ttandi_capped Parking•, th• temporary display
of leasing information and the temporary erection of one
sign identitying each contractor working on a construction
job.
(B l Any Occupant o c c upy ing lesa than twenty-five
thousand I 25,000 l aquare fe<:t o! P'loor An,a may not have
more th11n one Ill identification aign placed on lh• exterior
of the bui!Jing it occupies, provided however; that i! any
ouch Occupant la located at the corner of II building, then
euch Occupant. may have an identlficatlon elgn :6n each side
o! ouch cornr,r. Any Occupant occupying at leas,t twenty-five
thousand (25,0CO) equ.ire f,aet of P'loor l\ru4 may have more
than one ldantlflcatlon •ign placed on the ext_erior of the
building it occupiea. Thla paragraph CO) shall not npply to
" freestanding building having II slngle occ11pant'.
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No exterior identification si9n attached to a
building shall be of the type set forth below,
t iJ ptaced on canopy .coots extending abQVI! the
building ro,:,f, P.laced on pent)iouae valls, er placed so
as to . pro j ect al)ove the parapet, c!lnopy.1 or top of the
waU .upo n whi ch it la mounted r ·
(iil placed at any angle to the buiiding: provided,
howeve,, thP. foregolng !!hall not apply to any sign
located under a sidewalk canopy Lf auch sign is at least
eight Ca) feet above tho 1Hdewalk, unless incorporated
in an overall dec.orative scheme applied to the entire
building or section thereof.
liiil painted en the surface of any building.
No extedor a ign shall idon tify leased de par tmen ts, con-
cesaiona ires, products· or services.
(Cl N~'ither exterior identification signs attached to
buildings nor freestanding signs shall be of the type 9et
forth below, :
(il flashing, moving or audible signs;
I ii.) signs employing exposed · raceways, exposed
neon tubes, exposed ballast boxes, or exposed
trans formers;
(iii) paper or cardboard signs, temporary signs
(exclusive of contractor or construction-
related signs), stickers or dec::ala; provided,
however, the foregoing shall not prohibit the
placement at the entrance of each Occupant's
space a small s tlcker or deca 1, ind lea ting
hours of business, emergency telephone num-
b<>ra, and other similar bit• of Information.
ID) 1:. n h y 'pylon " ~!gnA "r o 1>llowc.-d by 1 U,e ~pp Uc~bli,
<Jov~rnmonta l e .ntl t lo a , Ta rget oh nl l ha ve the· ri ght to uti-
llrn tho pl l<1-on s i g n to ldc n t.l!y Lts Target s -ora . lf the
Shopping Cen te r lo li mi ted to on l y l dent.1 U n 9 one s tore by
use of a pile-on 6lgn , Taryot sh.o lt h a ve tho ri ght to uti-
lize tho sign. I ( mo re t han o ne ll tO r <! c;in u1~ the p l le-0n
sign tor idcntif lc.1 t1o n, t h an u p to throe oto r eo , l .nclucJLng
Target, shall be o b l e to idan tHy th eir :1tora o n th 11 sign,
provided, howe~er, that '1'11r9ot shall have the sole right and
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authority to designate the location and size of e11:ch store
identification .
5.4. Insuranc e .
[A) Ea.ch Party wi th respect to i t s T r act ~hall ma i ntain
or cause to b e maio~a ined i,n f ull force And O'!!ec t
Compr e h ens i v e Ge nerul Lia b i l ity Insur a nc O', includ i n g
P e~onal In j ury Li ~b l l i ty Insurance and Contractua l
LhbiJ.ity tnsuunc•• wJ th a f l nancl11lly r e s ponsi ble in;;u ra nce
com pany o r comp:inies Uc:onsnil I n tho ot a t e wh er e the
Sh op p i _n g Ci!nr..e r is l oc11t e d , 1,1i th a minl111 u m Bes t's i:ating o f
A:X1 <r uch insu r a nc e t o pro v i d e for a lim it of not l e s .o t h an
Thr~e Hl.U ion O-ollars !$3 ,000,0 00.00> f or b o d .lly l-11jury o r
death to any one p erson , ~or a lJ.m lt. of not leas than Piv o
Million Dollars 1s s ,oo o,.i oo.on1 for bodily injury -·o t death
to an~• numb e r of persons arising out of any ono occ.urrence,
and for a llmit of not less than one Million ;"'Dolrars
!$1 ,000,000,00) for any property da~11ge, Additionally, such
insurance sh!lll include the following minirnu111 re_qu i rements:
( i) shall provide coverage on an occur,rence basis;
Cii) shall pro_v.lde that the policy may not 'be can-
celled or materfally reduced in amount or coverage
without at lea,;t 30 days prior wr i tten notice by the
insurer to each of the other Parties;
!iii) shall include the other Parties as addiciona-
linsureds;
(iv) shall p r ovide for eeverability of interests,
!vi) sh.Jll provide th11t an act or omission of one
of the Insureds or additional lneureds which would void
or otherwise reduce cov~rage, 9hall not reduce or void
the coveraqe !llt to the other additional lnsurede or the
insured, renpoctively.
Such inaurnnce 1:,a ll spec if ical ly ox tend to th1t contractual
obligatlon o! tha lnoured !'arty arh!ng out of th" indem-
nification obligations s·et forth in the next BP.nte n ce. Each
Party ("lndsmnltor"l covenants and agrees to indemnify,
defend and ho l d harmless the other Party ["Indemnltee") from
and 11911in_.t all cl11ims, coH.>1, aicpe n saa and liability
(including te1111onabli, 11ttorni,y 1 11 fene end co~t of ault
incurred ln connection wlth all claim•J includin g any action
or proceedi ngs brought thereon, arialn9 fr0111 ur ad a re8ult
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of the inju r y to or de~th of any p erson, o r d a ma ge to the
pruperty of ~ny pe r son or entity .,h tc h shall c c.cu r on the
Tract o wnr.d by e ach Ind emnl tor, exc~p t l o r c l~i mi c:11 used by
the l)P.gl l ge nce o r. 1<! ll Cul act or om l "o ton 'lf such
Indemnitee, its licensees, concession11ires,. agents, ser-
Vd11ts, or employees, or the agents, servants, or; employees
of any licensee or cor.cessiona·ire thereof. Tl;,,~ Parties
a,,ree to review the ml nim11m limi tB sec .fcrth above ;,evi>ry ten
!lOJ years a nd further agree to adjust such Umi-t.s iC cir-
cumstances warrant.
131 Effective µpon the commencemi>nt of constr:uction of
improvem·ents, the c _on$tructing Party will carry or caus-, to
be c.irried, fire insurance with an extended coverage endor-
sement with a fin~ncially resp~nslble insurance ~ompany or
companies licensed in t,,e state where the Shopping ;Center is
located, with a minlmu11 Best's rating of A:X, in an amount
at least equal to eighty percent (SOil of the rjplacement
cost (exclusive of the cost of excavation, founda6ions, and
footings l of the buildings and improvements, 'such . coverage
extending_ at le;is t to· the fol l o,,i.n g pedis: l _oes or damage
by fire, wind :.1:.onn, cyclone, to r naJ o , hail, explosion, riot,
riot Attending a "trike, civil c _onvnotion, malicious
mischief, vandalism, aircraft, vehicle, smoke damage, and
sprinkler leakage.
Each Party (thP. "Releasing Party") hereby releases and
waives for itself and on behalf of i t9 insurer, claims
against any other Party I the "Released Par ty •> _:from any
liability for any loss or damage to all p roper t y of such
Releasing Party loCl!lted upon any portion ot the Shopping
Center, which loss or damage la of the typo generally
covered by fire lriaurai\ce with an extended cov e cag·e endor-
seme~t, irrespective either of any negligence o~ the part oC
the Releasc,d Party which may have contributed to o_r caused
such loas, or of the amount of such insurance rwquired or
actually carried, BAch Party agrees to use its be~t efforts
to obtain, It needed, appropr!ate cndo.raemonts to !ta poli-
cies o! inaurance with respect-to tho foregoing releaser
provlclod, howev,ir, that f11llur11 to obtain such endaraoments
ahall not olfect th o ru leti ~o h o r o J nabove -1lven. Each Pu·ty
("lndemnltor"J coue n nnt a and ngr o e ~ to indamnJfy, d~fend and
hold harmlc•s ~ach other rarty C"Indemn!tea"J from and
egalnit all claims aaser ted by or through any Pcrmitt~os of
'the lndomn I tor's Tract f or any loss or d1unage to tho pro-
perty of ouc h Pormit.toc loc nt'ld upo n the r e rlpe ct!ve
lndetnn i tor's Tract , wh lch 1 0-11,i o r dt.=90 i Y or tho type
gonP.rally cove r ed · by fire lnBu r anc e "1th an oKtended
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coverage endorsement irrespective of 11ny . negligence on the
part of the Indemnitee which DIIIY have ·con~ributed to or
caused such loss. ,:
cc; Prior to commencing 11ny c.onstruction activities
within the Shopping Center, each Psr~y ~hall obtain or
require ita contrnctor to obtain and there4f.ter mllintaln so
lo.ng as such con st.ruction activity is occu,cring, at least
the minimum insurance coverages set forth below:
(i) Workers' compens~tion -statutory limits
(ii) i,mployere Liability -$100,000
I iii) Comr·ehensive General and Compn~hensive Auto
Liabili~y as lollows: ·
(al Bodily Inju,cy -$1,000,0~0 p~r occurrence
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occurrence
Property Damage $1 ;'000, 000 per
(cl Independent Contractot.s I,iability or
owner's Protective Liabili ty1 sanie coyer age ns set
forth in (a) and (b) 11bove1
Cdl Producte/Complt!teci Operatio'ns
which shall be kept in effect for two
after completion of work1
Coverage
(2) years
(el •xcu• Hazard Endorsement, If •applicable;
If) "Broad Form" Property Oamag~ indor.sement;
lg) "PPrsonal Injury• Endorsement9r
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Enrlorsoment.
"Blanket ' Contr11ctu'11l Ll~billty•
rf the cc,,istru.:tlon activity 1nv<,l.V&9 the 11a11 of anoth"r
P3rty•~ Tract, thdn the owner of such Tra~t shall be named
111, nn adcU tion11l lo.sured and •uch inuur:,nr.e nh,.l l provido
that the anm~ ehnll not be canceled without ,nt leant thirty
(JOJ day11 pr Lo r wrlt tn n not!ca to the named i nsu redL rt
auch in~urance ls ~o ncD led or explres then Lhe c on o cruc ti~g
Party ohc,11 l mm od.ot1>ly a~•OP all ..-orl< op o,, u·,1e of anothitr
Patty'& Tract ,rot 1 e i th er the r oqul roJ \nsurance ia
reinstated or rcpl a cct1ont lnau cnn~o obea;nod :
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Ctl The insurance described above moy be carded under
Iii an indiv idual policy covedng this loc.ition (ill a
blanket policy or. policies which includes ot..ller liabil i ties,
properties and lo.:otions of sueh Part)I, (ili) a plan of
self-insurance, provided that the party so s~lf-lnaurlng bas
and maintains $40,000,000 or ll>Ore of "'"t current a-!l91!ts as
evidenced by !!Uc·h p.arty'a annual repoct that iJI audited by
an in8ependont certified public account~nt, or ClvJ a com-
bination of any of tbe foregoing in&Llrance program.a. To the
extP.nt any deductible in permitted c,r allowe!I as a part o-f
any lnsu.rance pol icy carrle<l by a Party, In compliance with
5. 4, such Party -~ha.11 be deemed to be covering the amount
thereof undet an informal plan of eeL!~lneurance; provided
however, that ln no event shall any deductible exceed
$50,000.00 unles <; 9uch Party qualifies , for . self-Insurance
pursuant to CI Ii, abo•11L Each Party agrees-to furnish to
any Party roquesting the same, a certificate!sl ot' inau.ance
evidencing that the insurance requ1red to be carried by such
reguested Party ls in full force and effect.
5 . S •r., x<'S ,ind Asso-s,.mcn ta. &ach Party •hall P" l', or
cause to b e p a id pr l or to dellnquency, all ta~9 S and
assessments with respct·>.: to 1ts Tract, the bulldings, and
improvements located thereon and any per9onal property cwned
or leased by such Party in the Shopping center, prov i ded
that if the t-axe s or assessment-s o ,r a ny part thereof may be
paid in installments, the Party may pay each such
installment .:is and .,.hen the same becomes due and payable.
Noth i ng contained ln this subsect i on shall prevent a~y Party
from contesting at its cost and expense ~ny such taxe,; a·nd
ass<issmcnts .,.ith respect to ita Tract in .Dny Mnner ec,:h
P,uty e l ecte, -"O long as &ueh cont.est la 1114intai n P.d wlth
~eason11b1B dlllgence and ln good talth. At thP tlme as ouch
cor.teat h concluded (allowing for appeal to the hig.h.,st
3ppellate court!, the conte.stlng P6rty shall pco,op_tly pay
all uuch taxee and assesamenta detr,r,nined t,o b0 owing,
together with all interest, penalties and .eo9ta ther~on.
5,6 Ht~• In the event any moch.:,nlc's. li e n la filed
againat Lho Tract of one Party"" • reault o( •urvlce~ per-
iormcd or malerlala turnlshed for tho u v~ of h n other Party,
tho Party purml t t l ng or ca1111 Ing 1uch lien to be so ( lled
agrecq to cauae such !Len to be di•charge4 prior to a~try of
final jud,Jm11nt (dt,u all oppulal for tho (orecloauro of
such lien nnd further agree• to lndomoify., defend, a-nct hold
h,umless the other eurtJI nnd Lt• T.r a c t agai n st llablllty,
loss, dam~ge, coat.a or expenaea I lncludlnq ruagonable attor-
neys' fee9 and cost of suit) on accmint of such claim of
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lien_ llpo,1 tetJuest of the Party whose Tfnc::-'.;.is. s .ubject to
suc::h lie-n , the P3r y perm.Lttlng or caualng su·9n lien to be
filed agree3 to promptly cnuse s uch lien to~~ relensed and
dis c::hnrg~d of r~cord, either by p11yin9 th indebtedness
whi ch 9ave rlsa to ouch lien or by [>Ootlng· _bond or o t her
securlty as ~hall be required by law t o obtain such release
and discharge. Not.hi n,3 herein shall prevent a Party p er-
mitting or causing such lien from c o ntes ting the validity
thereo f In any manner such Pa rty chooaes so -long so such
conte!lt ls r"reued wit.h re11sonat.l.a dil.lgencc. , tn !:he event
such contest ls determined adversely ( allowing ·for appeal to
the highest appellate court), such Party •hall promptly pay
in Eull the req u ired amount, together with any interest,
pena lties , costs , or other charges necee~ary to rele11se s uc::h
lien.
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AHTICLE: VI
MISCEU,ANEOlJS
I
(A l !f any Par t y fails to com ply with any pr·ovision
herein ("Oefa ul tl ng Pac-ty"J, then any other Party
("Non-D ehutting Party") may, upo n fort y.-fi v,e (45) days'
prior written no tlce to the Defau lting Party, proceed to
cure t he• default (and eh11ll hav., a license' to do so ) t,y tho
payment of money or porlorman ce ~f some other action for the
account of the Defilu.l t n9 Party. The .f ore9oln9 right to
cure shall not h1> exerc-1sed if wlthln th!' for ty-Live ( 45)
day no.ti ce per I od (l I the Oe-fau l tJ ng Party cu res the
default, or Cli) if th1> default is cu cable, but cannot
reasonably be cured with in tha t tim<> pedod, thu De faulting
Party begins to c·ure euch defa ul t wl thln su,h time pe.rlod
and diligently pursues such action to comp lctlon . The
forty-five 14-5) dar notice pe riod sha.U not be ,..,,u!re,'1 iE,
ustn9 r~<1 •o~a ble Judg ment, the Noa-Defaul!,.ln9 !'A rt.y deema
thnt an emer~en cy exlste wh ich requires lmmedlate Attention .
ln t h e ovent o [ such nn emergency, the No n-Defau lt i ng Pnrty
~holt g!v<' whatovor notice to tho oohultlng Party as l•
reasonRblo under the clr~umstancea.
!Bl Within ten ( lOl daya al written dem11nd ( lnclurling
providing coplea of ln voJ c a reflecting costdl the
Defaulting Pan.y ~h "ll rel,Abur ae the Non-Da[_a ult lng Party
for any aum reasonably oxpended by tho Non-Oe[a\lltlng Party
to cure the de fault , togo tiier lo'ith l nt .. ri,et thereon.
(Cl In the ovent any Party ahall lnatitute ~ny action or
procaadlng against another Party relating to the provialon~
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of this OEA, or if any default hereunder, or to collect any
amounts owing hereunder, the unsuccessful lltl911nt ii), such
action or pro<:ecdlng shall reimburse the succ .. aefu l litigant
therein for costs and expenses incurred by the successful
li:. lg,.nt ln connection wl th such action or proceedl,ng and
any ~ppeals therefrom, including attorneys' fee~,and,court
costs.
(D) All remedies are cumulative cind shall be deemed
additional to any and all other remedies to which: any •Party
may be entitled J.n law or J.n eq u ity . Each Party ,halr also
h.we the dght to restrain by i njun ction any vJ.olati-on or
threaten~d violation by any other P.arty of any of the terms,
covenant~, or conditions of thi• OEA, or to obtai~ a ~ecree
to compel performance of ~ny such terms, covenants, ot con-
ditions, it being agreed t:,at the remedy at law for a breach
of any such term, covenant, or condition [except thos:e, if
any, requiring the p~yment of a liquidated sum) is not· ade-
quate,
6.2 Interest . Wher ever and as often as one Party shall
not have paid any sum payable hereunder to anott,er Party
within five (5) days of the due date, such delinquent Party
shall pay interest on such amount from the due date to and
including the date such payment ls received by the Party
entitled thP.roto, at the lenser of:
(Al The highest rate permitted by law to be paid on such
type of obligation hy the Party obligated to make such
payment or the Party to whom such payment is due, whichever
is less; or
(Bl 3% per annum in excess of the prime rato from. timo
to time-publicly announced by The B11nk of America NTSA or
its .1uccessor, including by merger, consolidation or Other
operation of l"w,
6,3 F:.>toppc,J Certlflcr11t<1 . e:ach rt1r ty agrees that· upon
wr I tton re,j~,,chnl-inl..r not be moro fro qu .. nt than three
()J tlme/1 durln•J any Cllli,nrl11t year) trom tJ.mc, to Umo of, any
other rnrty, it will loauc, to a prospectlv,. mortgagee of
"uch othor Party or to a prospective eucceoaor Party to;~uch
other Party, an estoppal certificate •tatlng1 •
(Al whether the !?arty to who m the request has been
directed knows of any de(au lt by t~a requesting Party ~~der
thl11 OEA, and if there are known defaults, ~pacifying the
nature thereof,
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I Bl whether th h OEA has been ass igneq, modified or
amended in any way by the reque1ted Party ca:nd ir:f H has,
then at.ating tha nature theroollr ,,
(Cl that to the requested Part.y'a knowledge t~is OEA aa
ot' that date is in full fore~ and e!fecti .
such statement shall act. 1111 a waiver·of any cl·aim by the
Party furniahlng it to the extent. auch claim ia based upon
facts contrary to those asserted in the statement and to the
extent the claim is asserted against a Qena fide
encumbrancer or purchaser for value without knowledge of
facts to the contrary of those contained in the 9tatement,
and who has acted in reasonable rel i ance upon the statement ;
however, such statement shall in no event subject the Party
furnishing it to any . iability what!loever, notwit·hstanding
the negligent or otherwise inadvertent failure , of ~uch Party
to di5close correct and/or relevant information.
All notice~, demands, statements, and requests
("notice") r"quired or permitted to be given under th!s OEA
must be in writ:.J.119 and shall be deomc·d to huve been properly
given o r ser ved as of the date of personni deli ve ry, or as
of the date the name is d epoa1 ted 1 n the United &t11 tes or
Can 11diiln mn i .l, prep1'1l d, by registere d or certi t l c d 111.i!ll,
return receipt requested, or as of the date deposited with a
reputable courier service such as Federal Exp re-ea. The
address of the si9natories to this DEA is set forth below.
In the event a Party shall encumber 1 ta Tract 'by a mortgage
and notice of such fact has been 9iven to the ~arty iAsuing
such notice, d emand , statement, or requ est , ttien a copy of
any notica of Amoun ts due or notice of deJ:ault directed to
~uch mortgaging Party ohall also be sent. to ite mortgagee.
Targett
Doveloper1
Dayton Hudaon Corporation
Target StoreA-Real Estate
Attn, Property Administration
Jl S, Sixth Street
Minnuapolie, HN 55•02
BCE Development Inc.
999 West. ttaeting• Street
V~ncouvar, e.c. Canada V6C 2W7.
Att~ntian, Vice President
Shopping Center Management
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Any Par·;y shall hove the right .from time to t-1me .1nd at any
tlrne, <Jpon 11t le11st ten !lO) d11ya' p,rior wrltt.'en not1ce
thereJJf in e _ccordance with the provisions hereof, 'i to change
its respect..1-ve address and to eeecify any othe.:-address
withlr'I the ur,ited States of Mleric.i or cannd11 1 1p.rovided,
h:iwevec, notwi th.standi ng any th l.ng he·rein containc·a t o the
contrary, in order for the notice of addre~3 cha,nge to be
effective it must actua.J.ly be received, and further provided
such addre,is may not be a post office-box, ,,
6.5 l'lpproval n g_hts. Unless otherwise he,rei.n , provided,
whenever approval i srequi red, sud, approval· sh11.ll not be
unreasono-bly wlt.hheld or delayed. Unles'l provision is made
for ;i specifi c time pe-riod, approval shall be givep or with-
held wl th in th 1 r ty ( 30 l d"ys o! the receipt 9f th~ requ&& t
for appr.011"1. tf 11 ,., ia11pprov11l !a not given >fl thin the
requ I re?d . t lmo per lod, the ro·quested Party aha l /-be ,,deemed to
have given its app r011 al. If a Part-y shall dtsap~""ove, the
reasons therefor shall be stated. Except with res~ct to an
approval given by lapse of time, all approvals and .disappro-
vals ehall be in writing. The "right to agprove• .herein
re~er.ved by T11t1et and Do?Yeloper, reopectively, shall .!>e
assignable by ea.ch, but on1y by Developer in to.ta.I to 4
Party who owns o Tract within the Developer Tract, and only
by Target in total to a l>a..rty who owns a Tract within t he
Ta rget Tract; each successor assignee may a.leo assign such
•rfght to approve • on the same condition. If tho holder of
the "right to approve.•
6.6 Condemnation. In the event ot a condemnaiion or a
sale in l!eu thereof concerning a portion or all of the
Shopping Center or Jmprovements, the award or purchase price
paid fo r .such tak i nl) shall be paid to t.he Par ty o~rilng 3uch
land o'C' l.mprovo1:,onc.,, eo takon. Any Porty who mig > .. t have an
eas ei,,en t or othe r µrop'l r-ty Lnt'lre-at or ri9ht under thL~ OEA
in th" lantl or lmprovomonta 110 takon, her11by rJleaaea And
waives 11uch prop<>cty -interest OJ' right wit.h respact to such
award nr purchase prlce1 provided, however, auch other Party
•h.,11 hav .. the right to set>_k an .. ward or comp,.neation for
the loaa of Lt!I ""aement right or property intArest to the
e~tent auch awacd or compena~tion paid or allocated for auch
lou doaa not re<.luco or dl::llnlah thll> amount -i>llld to the
Party owning 1uch land. Notwltlu1tandlng the i:\bove, 6.6 h
not lntanded to alter any other agreement wh.f;ch may exist
between the owner of the land ~o taken and any peraon having
an inter~at in aaid land purauant to other contractu~l rela-
tionships.
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6. 7 Fllnrll.? E:~fc::~. 'Ih .. te~rna o .f this OEA Bh4ll consti-
tute covenants runnTng with the land Anrt ohAll louro to tho
bcnof1t or arid be bind lng upon the aJ.91).,torle.3 hem to And'
th,1-lr respective .succes,roc:, and 4ilsl9n11 who become Po1rt1es
hi,reund e r, Th is O'E:A .19 not intended to nuper11ope, modify,
.1mend, or oth en,i,ie change the pro11l.,J.o!Jll of ,:any p.rlor
! nstrument 3ffcct1n 9 tho l110d bu rd cn·i.d he rl!by.
6. 8 Si ngul4r and -~-!.!!r..!!_~, Whencvei:-requJ. red b'y the con-
text of l::.h~s OEA, the 3ln9ular Sholl include the plural, and
vice versa, and ~ho IIIA~culJ.ne shall lnclude the feminine and neuter genders, and vico versa .
6. 9 Coun teco,lrts and Signe curo Pagl!.!I, 'l'h ls O'E:A in..y be
e x ecuted 1n sc11craI counterparts, each o f "'hich sti.oll be
deem.ed an Or i 9 Jn11l, The signat ure-s to this 0£A m11y be exe-
cuted "'nd notari~ed o r. aepa~te p119es, and ,.;hen att..lctiad to
this OeA shall c onstitute one complete document.
6.10 Ne g a t i~n of PartnershJo. None 0 £ the tcr~s or pro-
vis lons of Uris OElr s hall be deeroed o cu,ate ·11 p·nrtne·r,ihip
between oc among ~he Parties in the r rcapectlve businesses
or otherwise, nor Ghall ft cause the~ to be considered joint
venturers or members of any j oint enterprise. Each Party
Ghall be considered a separate o,..n er , ancl no Party ehall
hove the r ight to act as an agent for an other Party, Unless
expressl•y autho t'{:ed to do so herei n or by :i eparatc ><.cit.ten
in_s trument signed ·by t he Party co be charged.
I 6 .l.l Not a Public Oedicatlon, Nothing her-cln cont11i.,1?d
shall be doemcd to bt, 11, gH t or dedication of any po,-uon of
the Shop p ing Center or of ;,n y T°r4ct o r po-.;tion then,cf to
the gene ral oubllc, or fer .-.ny public u.,ie o r purpone whot -
llocv<>r. Ekccpt AJ\ h . .,rc!n speclfi cally pcovlded, no ri9ht,
or!vltcgcs ~r l mmunlt lco ot aoy Paity hareto ohA ll inure to
the hi,n.,~it of ohy thlcd-party P&r son, nor •h.-.U <1ny thlrd-
pi. • ty Per9on be d<'em"d to bo o beno-f tcia ry ot any or the p,·ovlalon~ c.<>ntt1lnod he r nln.
6,12 ~llcusab!!l...Qolava, Wht'nc,Vor potlon1111nco .ls roqu)red
ot any Party horoun~thnt Party ehall uao o.11 duo dlll -'1"""" to por (orm ,.nd laka all nacoa9,,ry lneA.Suroe I n good
faith to portorm1 r,covJdod, ho..,over, t hat Lt c ompletlon ot
porformoncc ohoil bo rtoJayoG at any tlroe by ron•on of octa
o( Caci, ""'• civil COl\'\/l\otl o11, riots, etr1Jrn9, pic:l<11 tlng or
olher labor dt.pucoo, u n1111,.Uabl11ty of hbor oc mat er iala,
d11m n90 to lo/e r k .I n proqr<1aa b1• reason o! tin, or ether
C.!.a uolty, or an y ca11oe boyol)d tha roa oona ble control ot 11
3 3
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Party, thP.n the tlme for performance as herein specified
shall be appropriately extcii'ded by the amount of the delay
actually so caused. The provisions of this section shall
not operate tn excuse any Party f~om the promp~ pay~ent of
any monies required by thls OEA. ,:·:
6.13 Scver•IJf:U~y. Invalidation of any ofl the, provi-
sions cont"loed In th is OEA, or of the application thereof
to any person by judgment or court order shall in · no way
affect any of the o~her provisions hereof or the application
thereof to any other person and the same shall remain in
full force and effect. ·
6. i.4 i\mendmcn ts·. Thh OE/\ may be amended by, arid only
by, 11 writ ten agreement slgnecl by ell of the then 'current
Parties and shall l;)e ef ·ect:!11:e only when recorded,iin the
county and state wher e the Shopping Centar io 1ocated , No
consent to the am endmen t of this OEA s ·hall '(!Ye r be raq uired
of any Occupant or Person other than the Parties, nor shall
any Occupant or Person other-than the Parties have any right
to enforce any of the provisions hereof;
6.15 Capt:..luns ::i·na Clloit:.ll~-..,d Terins . The cllptions pre-
ceding t he cox~ of each article llnd se ction are_ included
only for convenience of reieren~e. Captions shall be dlsre-
gard<ad ln the conliltructiori and 1nterpretatlon of the OEA.
Capitali%e.d t.er;mij are also sele.cted only for convenience of
reference a.nd do not neceaaarUy have any connection, to the
meaning that might otherwise be attached to such term in a
context outside of thls OEA.
6.16 HJnim i zat ion of Damages. In all si~uations arl slng
out of th ~s OEA , ill Parti e s shall attPmpt to avoid and
minimi1.e the damages resulting from the conduct ol any other
Party. Each Party hereto s~all take 1111 reasonabl~ me11sures
to effectuate the provisiona of this OEA.
6.17 OEn Sh11l l Continue H,,twitha·tandlng nreach . It is
expressly ng re~if-'t."'fict no hr.,och of thh OEA s hall {i)
ontltle any Party to cnncol, reecind or, otherwis~ terminate
th!• CEA, or { l I) d"feat or render lnv11lid the Uen or any
mortgage or doed of truat made in good faith and for v11lue
aa to 11~y p11rt of the Shopping Center, ttowevet, such llml-
tatlon shall not affect In any manner any other rights or
remEedies which II Party ,nay have hereunder by re11~on of any
such breach.
6.18 Time. Time is of the essence of this OEA.
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6.l9 Non h'a1vcL 'l'nc failure of ,11ny Party to• lnolst
upon iitrlct: pcrforrn once of "~Y of the : te-rll)s, coven11nt.o oc
con,3-itlona hereof shall not ba dae111e d " 1,'lllv,;c-of Ill))' riqh!:.s
or remedies which th·a.t Porty mny hove h 1rroundor or at law or
cqu'I ty and !!hall hot be dl!E,ined II waiver of nny Ol1bsequcnt
br!)ach or dcfi,_ult tn any of lluch tc,,i,0,11, covenant!! or con-
ditlone,
6.20 Daneflt, Thls Agreement ahall lnurd to t h e benefit
of, and bebTii'a.in q upon, the P11r t les . The prpvisions of
thin oeA ace ~or the cKclu~Jve benefit of the Partle~, aµd
are not for the !:ien•c.fit of any thlr<!. l'crson, nor sha.11 thl_~
Agreemcnt bo· dcemed to ha ve co·ri tcrc.ed 11ny ri9ht1,, oxpres:i or
implied, upon 11.ny third ·person. It !a expre :,sly unde·r •stood
;:,nd a greed tha.t l'IO modi.flcntlon or amendc:u,nt., ln wh·ole or i n
art., shall regu,.c an~ consent or approval 1on the pa.ct of
a n y Occ pa nt or t>ermi ttee o_ther than n Patt}!,
ARTICLE VII
TERM \F
I
7 .l Tenn: of thls OU. Thia OEA shall be _ef fl!et i ve 1>s of
the date f i rst above "ritten ilnd ::ihall continue in full
Coroe nnd cllect un-Ul 11:59 !'-Ill', on oecetn.bcr 31, 2086; p ro-
vided, ho.,eve.c, that the easem·t!nts referred .to ln 2.2 or 2 .)
he-.:cof whlcb 11ce sp.eoltfod as b1dng perpetual or :>a con-
tinuing beyond tho term o! thls OtA ohall continue in icrce
a nd effect a s provided therein. Upon termination of t h is
O&A, all rlqhts and privileges deri ved from and all dotic~
and obligation~ created and l mpos t!d by th e provi~iona of thp
OF.:A, ex c.:!pt aa rel,,te" to i:.h<! oenement,s mentloned .above!,
~h~ll term[nn t c and hnve no [urther !orce or cLJect; oro-
vlded, ho .•eve.;, thnl: the te rmination of thl,i OEi\ 11hall no t
limi t or •~~fflc~ ,iny remedy .!lt l.aw o, in equity that a llA r ty
mny hav e "9•d n 3 t 11ny oth ac P<1rty ..,j th respect to any ll<>bi-
U t y or oollg a Uon erl,loq or to _be perfo.r;med under thi s CEA
p r l or t o the date of uuch termln<>tlon.
I\RTICLE VI It
OPTION
a .• I ~.Lon tQ l?urch~~e. I! Ta z9et ce11sen to opera to In
th e "nUro bulT<l l nq oo tl'i'a T..r9ot Tract, a g~n.,,al RlDrch1u1-
dho dlacount de1111rtmenl ntore of th~ Btyle a .nd Qij"llty o t
the To.r~et 9toro In itially operated In e-uch building lrn,d ea
chan9od froltl time to !:ltn e ·by T.ngjt And Ha pollde,i
l.p·rovldcd thin Targ,:,t nhall not bo decm1,d not ~o to bo
operating the t~rgot score ic the lrn.lldlng ;·on ti,,o Tarqot
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Tract is temporarily not ope'n for business scil,ely bl' reason
-c-f reno,•ation or remodeling (but not in exce~ of 11ix ccn-
secutlvP mon ths) or by reason or reconstruction of the
'l'arget Store bu lldl.ng as a result of damage o·r destruction
(but no t in exce ~s of 12 consecutive calendar month11 after
the event of darna9e or destru ction )], the ;owner of the
Duveloper's Tract sball have the right, ~hich may be exer-
cisi;d by writt·en notice (a •purchaae Notice::-i to Target
within one year after the dllte Target cea11es to operate the
entire floor area of lts building, to elect to purchase the
Target Trac t and all improve~ents end appurtenances thereon
C collectively, the "Target Prope.rty• l, as set. forth ln this
Article , provided, however, that this option shall not apply
to a sale-of the ·r ·arget 'l'ract to iiny entity owned or
controUed by Target or in the event Target sells a majority
of its Targ~t stor-:s in the Hest~rn Washington area to one
purchaser. ln addition, p rior to -exercla;ing its o ption to
purchase as set forth in this Agreement, Develope r shall
give Target sixty (60) days notice after the .expiration of
the twelve 112) months of non-oper.rt i on of i'ts i n tent to
exercise th.is option, at which time Targe,t shall have the
right to reopen the Target store and this option shall be
null and void until such time as Target ceases to operate as
defined herein for a period of twelve (12) consecutive
men ths and Target hae been given sixty C 60) days wr 1 t ten
notice; provided however, that if •rarget makes a Target
Company announcement that it ls closing this Target Store,
the sixty (60) day notice as defined herein 11hall be reduced
to fifteen (15) days, The Target Property shall not include
Target's moveable trade l ixt.urea, signs or other personal
property. If the o•,mer of the Developer's Tract
(hereinafter referred to as the "Purchaser") :so elects to
purchase the Target Property, the p urchase pricP. ohall bi,
the fair market value of the T11 rge t Propi,rty as d ete r mi ned
by appraisal as hereinafter p ·rovided. ThE! Purchase Notic .. ,
to be effect! ve, shall namt! a.n appraiaer solected by the
Purcha ser who shall be a ,ncmber of the American Inetitute o!
Roal Bltate !\ppraisera and ahall have had at least five years
experience ln appr1\lsin9 commercil\l ralll property. pc,r pur-
poses of t•·.iA !\rticle, "fair market value• uha.l.1 m .. ar. the
price at which Lhe Target Prop~r~y could be aold by one who
tlealres, hut Ls not required to a .. 11, and 111 sought by one
who du.,ire11, but is not required to buy, after due con-
sideration o! all th<t "lementa reasonably a!fectlng Vlllue.
Within fifteen r 15) ,J,iya from the dat11 that •;,irget shall
hav11 r11ceived the Purchase Notice, Target shall select an
apprais•r and give Purch11sor notice in writing, of the name
and qu,.liflcations of the appraiser ao :oielected. Target' a
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appraiser ehall have the same qu11lific11tlons as set forth
above in connecti~n with the Purcha8£r's appraiser. In-the
event Target fails to appoint its appraiser within said fif-
teen (lSJ day period, then Developer may request appointJl!ent
of such appr~ iser by the then Chief Judge of the Uni~ed
States District court having jurisdiction over the ~oUnty of
King, in the State of Washington, acting in his personal,
private cap-!lc i ty, and nei th-.r Developer nor Target shl!ll
raise any question as to such Judge's full power and jurie-
diction to entertain the application and make the appoint-
ment.
The twc appraisees so selected shall determine the fair
market value of the Target Property at a meeting which shall
be held in Seattle, Washington, within thirty (30) days of
the appointment of the seco.,t.l appraiser. The apprai11ecs
shall continue to consult at such times as they deem
necessary for a £if teen C 15) day period from the date of
their first meeting in an attempt to agree on the fair
ma~ket value of the Target Property, ·
If the two appraisees Bo selected are unable to agree on
the fair market value of the Target property, the two
appraisers shall, within ten (lO) days of the i111111ed iat:~ly
aforesaid fifteen (15) day period f -rom the· date ol their
first meeting in an attempt to agree on the fair market
value of the Target Property.
If the two appraisers so selected are unable to agree on
the fair market value of the Target Property, the two
appraiser» "hall, within ten (10) days of the immedi.:itely
aforesaid fifteen (15) day period, name a third apprals,er
who shall also be a member of the American Institute of Real
Estate Appraiser and shall have had at least five (5) years
experie~ce ln appraising commercial real property. Th0
three appraisers ah11ll thereupon meot in Seattle, waahingt·on
and contlnuf! to consult with each other 11t BUch time11 as
they ,Joern ni,c<>e"11ry [or ., flft<>on (15) day poriod from the
date of th& fl rHt mocl lnCJ of the thrr.<l of them In an 11ttempt
to agrea on the fair m11rkct valuo of the Target Property.
Jn tho ev~nt thnt tow or more of the appraisers are not able
to reauh agreoment as to th~ fair Market value of th~ Targut
Property within fifteen (15) day1 alter the flr•t maotlng of
the thre" appraisers, then each 11ppraher shall submit l)is
independent appraisal t::, Purchaser dnd Tar9st (which nerd
only be in letter form) statin~ that (i) he madff an
appraisal of th" Target Property, (ii) hie appraisal os to
the fair market value of the Target Property and (iii) tho
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basi-" on wh.lch he m3de such sn a,:,pc-aisal. ,:'he three inde.-
pendeut ap pralsals shall be added together and the resulti,:,g
sum divided by t hree; the -r-1sultin9 quotient., shall be the
.appr;,lscd (air market value of tho Targot Property, ££_Q-
vld e d L fi o .,ever, i 'f the lowes.t 11-ppra i.sal 11nd/o.t t he high.e!!t
ap p n,I s a l are7Ls more then 251 lower an;l /,or p l gher than the
middl e n ppro!snl, the lowest appraisal and/or lhe highest
a_ppr,ilsal sha LL t,~, .!.l Hegardcd. H only o·np oppra i,i,il 19
dl .. regar,dcd, the rerrialn l ~g two n ppraisals s hall oe a dded
t ogE,ther a:i.J ~he i r total div i ded by two; t he r e s ul t ing
quotlen t shall be the appra.iul?d value of 1:he project. If
both the lowest nppralsal ,ind the highest appraisa l are
d!3regarded because each varies more than . 251 from the
mlddle appraisal, then the middle appraisal shall be deemed
the fair market v;,i.ue of the Tac-get Property. The a _ppralser
or appraisers ' de l erminiltion of t_/le Ellir rnar-ket value of the
Target Property shall be final and binding upon the parties,
absent f r aud o r gross error. each party shall bear the fees
and expenses of its own appraiser and the fees and charges
of che th i rd appraiser shall be borne equally by Purchaser
and Tar9et.
The purc hase of Ta r get's in t er e st in the Target Property
shal l be consummated through an escro"' establ ished at a
mutually acceptabl e tit.le lnsur:ance company wi thin aild:.y
t6.0) days after completion of appraisal. The purch..-se p rice
shull be payable tn cash unles s othervise agreed by Target.
Tit.le to the Tnrge~ Property shall be co·nveyed by Tac-get to
Purchaser or Its nominc" by st-11tutory warranty deed ,iubject
to all easement9, restrictions, covenants and conditions of
reco r d, except that unpaid taxes, 11.ssessmen te and an y
mortgages or llens th e n outstanding on the Target Tract
s h all b~ di9charged irom the purchase ·price proceeds pay11ble
by De.veloper hereunder, Nondellquent real property taxes
aha l t be rroco t,ed as of the date the d.-ad 1 a recorde<J.
Target shal l bear the coat. of an AL1'A ow-nur'a Standard
Polley o( title lnsurnncc, which nhnll be dallvered to r_he
buyar at c lool n<J , 11.nd any excise taxes or documenl11ry or
a tamp t/lKPn J mposcd In-c onnect I on wl th thQ oa l e. Purchaser
and TH')e ahal I P./lCh bear 50\ of llll other cloalng COlltS
including escrow nnd recording feen. Notw1thst~nding any
other terma or con,l!tlona of thl• Option to Purchose, this
Option ahall termln11te and be null and veld on September 30,
1006.
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OPERATION AND EASEMENT AGREEMENT
BETWEEN
DAYTON HUDSON CORPORATION
AND
BCE DEVELOPMENT INC.
IN WITNESS WHEREOF, the Parties have caused this OEA to be exe-
cuted effective as of the day and year first above written.
("Develope~•J
By ________ _
Nam e Title _________ _
ATTEST:
By _____________ _
Name
1·itle
39
C "Target" I
By c•2)~
Name .
Ti tlo i;: JWi o, ,;;;ifa ,,,. 1 ""1r.,b~·•~n~---
ilbr!1"f sio, ..
ATTEST,
By __,_,_..,__'-½.c..,..cc=,.",--'c..;;~,.=.,,__ __
Name
Ti t.le
,____. ________________________________________ ~-J
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OPERATION AND EASEMENT AGREEMENT
BETWEEN
DAYTON HUDSON ~DRPORATION
IIN!l
ecr. DEVELOPME~T INC.
IN WITNESS WHE:REO!", the Par.ties have ca1.1sed
0
thiJ OEA to be exe-
cuted effective the day and year first above written.
I •oe ·, .l-=~m= .. -\-:P ....,.,,n,,nnS,,M,....,.------
Title
ATTEST:
6~ Dy ~ Name k;;icc . o
Title tt 77•rw:.;;;:,;
39
l"Target"l
By -------------Name
T i t le
ATT&STr
By
name Tit~l_e _________ _
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STATE or MINNESOTA )
)SS
COUNTY OF HENNEPIN )
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On this 1_7~_ day of [\,,.c,...v,[t· , 19__1!5., before
me, a Notary Publi~ ~ithin and for said county, personally
appe<>red Jae~ D. fo~ta i ne , and Wf)Jjam p Hhe , to
me persOnillly known, being each by ma duly sworn, did.say
that they are respectively the r,r9Hlst&m 1arm1an and
Assistant Sec r etary of Oaytoq Hudson corooratjgn , and
that said instrument was sig,~d in behalf of said corporation
by authodty of its noard of Directors and ~-Fontaine
and Will i am P. Hf5e acknowledged said instrument. to be
the free act and de~d of said corporation,
STATE OF {Jt,.d, •• 1f...:.i
. ) ss
c0ur1TY oFM . )
On this day of ~s.,c_, 19~ before
me, a Notary Public wi t h~n and for said county, persnnillly
appeared {L}~-"'~, r:l-•oJl ~, and _________ , to
me p er~on.-.lJ/'kncwn, bl!in9 each by mo duly sworn, did say
J..,,.. • .; • I J'.. that ~,g Y .. ;,)-s-o ·•p •..t.L..L.~y tho /,.,11 y r 6 ~~~~~
-~~~...r!.!·~~( . ]CE .J:½-.:./~;~ 1".":1.. , .,nd
lh:i.
1
( ·,:id ···J nil Luu~u,ft "1dn oJ<Jnod in b .. hnlT of a,dd carper• tl 011
by authority of its lloard a~ Directors and _k__ _____ _
~-----..... --, ....,.,_ acknowledgl!d said instrument to be
the Cree act and deed of ~~id corporation.
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EXHIBIT "A"
Lot 4 of Survey r~corded in Volume 52 of Surveys page 220 under
King County Recording No. 8612129019,
Si~uate in the County ol King, State of Washington.
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EXHBI IT B
TO
•
OPERATION AND EASEMENT AGREEMENT
(DEVELOPER TRACT)
Lot~ 2 and J of Survey recorded in Volume 52
of Surveys page 220 under king C:ounty
Recording No. 8612129019,
Situate in the County of King, State of
wa~hington.
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EXHIBIT C
SUBMISSION GUIDELINES
•
l. curing the conceptual design phase, the constructing party
st,all subml t to the other pactJ.es the foll.owing,
A. site Design Documents to Indicate the Following,
Parking configurations and car packing count
Typical bay width and stall dimensions
Drive widths
setbacks
curb cuts
Spot elevations or rough conto~rs
Rough landscape scope
Lighting pole locations
Preliminary utility strategies
B, Building De,iign Single Line Plans to Indicate the
Followi,g:
Exterior wall configuration
Doors and store front exlent
canopies ~nd overhangs
Probable column locations at exterior and 11buttlng our
building on interior
C, F.xterior Elftvatlon Drawings to Indicate the Following1
Opaque wall areas with doors and store fronts
2 . After approval haa -b ftlln granted of conce·ptual design phase
submitted .In acc ordo ncl! wit.II tho guldelin1ta apeolfled in l
above, ~ho cone t ructlng party ahal.l aubm l t f lnal de!lign phallfl
plan • to the othor parti~~ aa !ollowa,
h. Site Design nocumenta Delineatir.g Information Outlined in
the Concept Phaoe wl th the P'ollowLn!) Added, Detail r
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Refined gradinq plans
Selected lighting fixtures and resultant lighting
levels in foot candles
Landscaping showing generic plantin!j materials and
locations
Proposed paving section designs and location Utility
layouts including hydrants and sizes proposed
Froposed details for curbs, site structures, manho-
les, etc,
Proposed site signage designs and locations
B. Building De:i ign Plans Delineating InforJ11a t l -on Outlined in the
concept Ph ~e with the Following Added Detail,
Exterior wall thicknesses
Stru~tural columns or bearing walls at building
exterior and proposed fo undation dcaig n at adjoining
wall between abutting bu fl11ng~
Where common footings are to be shared provide wall
or column l oad info rmat ion for design of ttat footing
Proposed roof plan showing slopes and locat ion of
penthouses or other ~ajar mechanical equi pment
References of key flashing details of roof to
adjoining building
C . Exterior f.!cvnt!or, Drawings oeli neatln11 !nlo rmation outlined
In the Co ncept Phno e with the r o l lowing Ad dad •etailr
Proposaol building sign standards
Paint c o.to r chlpa an d aamp,lna of other niateriala
such au br i ck or conc re to aggr~9at •a (gla aa or alu-
minum !i n1shn~ may b~ an notatbd on the eJcvationa)
Proposed larga scale dotaila of key aection conditions to
ahow exterior design intent
2
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MajQr penthouses or rooftop equipment profiles
Features such as special masonry
social materials and textures
Rain leaders or scuppers
patterns, bands ,. or
Wall sections at v~r iou o ex terior location• inpluding at
the demlein1 woll to tho adj oining buUding with· key ver-
tical dimenainning
If a bu ildi ng is to haves th rough-th e-wall pedestri an accees
connect ion to an ad j oin ing bui l.CU.n g, then the final design
phase aubm ission shlll l 111"0 Incl ud e ( to the own er of such
adjoining building) the following:
Plane of the pedestrian mall circulation showing any
variations in floor elevations
Elevations/sections of the proposed mall · space showing
store front sign bulkheads and key dimensions
Proposed celling design including special features such
as variations in height or skylights
Floor material patterns
Landscaping and mall seating areas
Proposed interior sign guidelines
Paint color chips and samples of other m.atarinl-a such an
brlck or concrete aggregates Cglase or aluminum finishea
may be annotated on the plans or elevations)
Proposed large scnle detalle of key section condition• to
nhow Interior design Intent
~. The conotructln9 pftrty ahnll provide the other partieo with n
complatt-a<tt of lold documenls tor the b1Jilding and/or improve-
ment• to he located upon its Tract.
)
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Recorded at the Request of
and after Recording Return to
:'IF'l'ER IIEGOTiDTNG lfA!L TO
nu~~~11 r. Tuu~l~y, £H~.
TOU3l~y, B(a!n, Reinhardsen h alock
Suite 1700
720 Ollve Way
S~attlo, Washington 98101-1861
J\MF:NOMEl,l'l' WO. l
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OPERATION A:m £ASEMEHT AGREEMENT
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Thi:! >.Ml':NDMENT NO. l TO OPERATION ANO tASE/•fENi~ ~
AGREEMENT, made and entered into 4S of tho 7th day oC ,
April, 1987, i • by and between DAYTON ·HUDSON CORPORA'JlION ,',.
a Mlnnesota corporation ("Tar(Jc!."), BCE DEV!!:LOPMENT tNC.,
a Delaware corporation ("Developer") and TOY& "R" US, ''.
INC., a Del •wnro corporation ("Toy:,•). 1 ,
•:
Target and Developer are parties to· that cer~ain:,
Opcr~tlon ind Eaaement Aoreement made and entered into 11 ·
of the 19th day of December, l986, and rocorded under: '
R£cording No. 8512191598 in the records ot the Department
of Records and Elections of King County, Wa:shington (the
"OEA"). Except na 3peclllc~lly dellned herein,
c3pitali~e~ terms herein have the same meaning as sot
Corth in tho OF.A.
Developer h~s sold a portion cit th~ l'le_velopar
Tract to Toys and the partie3 wlsh to amend the OEA to
admit Toys as a Party and to otherwise amend the OE>. in
certain respects in connection the~ewith.
NOW, THEREFORE, for and in consideration of the
premise~ and the covenants and agreements hereina!ter ;set
forth, the parties hereto do hereby amend the OEA and(
agree as follows:
1. Toys, the owner of tho tract of land
described on Exhibit B-1 attached here~o ("Toya Tract~) .
•~d Identified aa such an the Site Plan attached hereto e~
Exhibit x, 11 hereby admitted aa a Party for all purpo~os ·
oC th·e OEA.
2. 'Tho Toya T ract la h11raby removed [ rom tho '
D~veloper Tract and Exhibit A t o the OF.~ 1ft dal •t •d ind In '
I t s place la aubal l t utod tx hlbl t B attached hereto. )
Exhibit X to t ho OEA lo deleted and ln ltl place la j
aub5tltuted E~hl blt X attached hereto . RoCeroncea In thn tt· ~~,
OEA to the T1rg1t Tract, tha Devalopar Tract ind the ~oya • .i-:1 Tract, roapectlvely, shall mean tho aroa3 ldantlfled 11
auch on the Site Plan attachad hereto 11 !~hlblt x,
Ol/09/87
J 518 B
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3. Section 2.4 of the OlA is amerlded iby changing
"thirty (30) foot• to •twenty-tive (25) foot" 1-the
second line.
~i.
4. section 3 .J(B) of the O.EA is ~merid e d by
changing all references .to "Developer and 'larg'e b" or to
"Target and Developer• to read "Developer 6nd T-~rget and
Toys" and by deleting the last sentence of 't.h n !Section and
substituting in its place: .~ .,·;
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Notwithstanding anything containe&~ei~in,
the partie~ acl(nowledge that (i) they are
familiar with the "Target Retail Store" and
agree that Target shall not be obligated to
submit Plans with respect to such ·type of
building, and (11) that they have reviewed
those certain plans known as sheet l of 4,
revision No .1, dated 2/26/87 monument aign,
revision No . 2 pylon sign, Federal Way:,
Grading Pla,, u prepared by Stepan and .
Associates as it pertains to the location
and alze of siona, and those certa.in p j ans
known as the fourth rovhion, a 11enera•l
revision, al Toya' Drawing A-3, el •vat'ions,
lsaued Docember ll, 1986., previous rev;lsion
No, J datod March 16, 1987, and ha~e ~
apprnved (and waived further right'. to•·
dlsaapprove) conetruction .in eccor~ with
same. ' ' b
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5. Section 3.3(C) of the OEA is •~anded by
deleting "the Target Tract and the Developej-Tfa.ct• from
the third line and substituting "their resp~ct{ve Tracts•.
' '
6 . In Section 3.J(D) and Section J,l[!) of the
OEA, references to the "Developer Tract• are hereby
amended to read •the Developer Tract and th~ To~s Tract•
and references to "Developer" are hereby amended , to read
"Developer a"d Toya•.
7, Subparagraph (i ii) is added to Section 3,3(0)
of the OEA as follows:
(Ill) Toya Trac,t 30'
8. Sectlon 5,l(B) of the OEA ia aelet e d and in
lta place ls aubstltuted th • following:
03/09/87
35188
(B) The followino use and occupancy
ro •trictlona shall~• applicable to the ,
Otvtloper Tract 1 '
( I) No restaurant ahall b• lod.ated
thereon withln 150 teet of the Tar.oat
Tract and n~ r e staurant exceeding ~.500
square feet or the l"loor Area '•hail be
located in the location cro11 ~•tihad
on the Site Plan:
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(ii) No junior d~partment 5tOre
and/or apparel sto~e> e:><ceed'ing :to, ooo
square feet of ~loor Area shall'~e
p-,rmitted;
(iii) No children'• cloth~ng store
exceeding 3,500 square teat of Floor
Area shall be permitted; and ·~.
(iv) No toy •tore 11hall be permitted.
9. New Section(!) is added to Secti~n S.3 of
tho OEA Ill follows: '
l ·
(E) ~•otwlthatanding anythll'ig above to
thB contrary, ~eveloper end Target h~reby
agcee. that Toys 'ah1ll be permitted to erect
• Creestandino ~r pylon slon in dha 1tea
shown on the Sita Plan end hereb~ aperove
t he uso by T"oya or Hs 11tandard itro t~type
identl ! !cat Ion 11-lqn, · .1
10. Soctlon 6·.4 o( the O!A. ii amended by adding
Toya• address lmmediatl!ly below Davalopar',1 addra111, u
follows: i· '
follows:
OJ/09/87
J5UB
Toy1: Toya "R"i u~, ,Inc:.
39~ West Pas~alc Street
Rochell• Plrk, HJ 07662
Attn: President
11, New Section 8,2 is added to the OEA as
B.2 Op t i o n t o Purc h ase, If Toy~
canes to operate 1n 11u .bst•ntillly th•.
entire bulldinq an th, Toy • Tr1ct, • toy
store ol the 11tyle and quality ol the :Toys
St ur e initially op orat o d ln s uch building
an~ •• changed erom tlm• to tim• by T0y • ~nd
l t6 policl1a (provided that Toya ah1ll nnt
be d oemed not ao to be opar1ting t ~a ;Toya
Sto,e I r the build i ng on the Tor• TraQt ls
temporarily not opon !or bu1ln111 •qo l 0J y by
r11aon or renovation or r1mod1lin9 (but not
in exc:,ss ot •iz consacutlv1 m0nth1) or by
reaeon or rec:on1tru0tlon oc the Toya s.tou
bu! ldlng u I ra11ult oC d1m1;1 or ;, -1
d11truction (but not In 1zce11 oC ,12
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35181!
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con"ecutl ve ca lender months II( t!M the eve11t
o! d~mage or doatructlon)J, tho bwner o! tho
OevolOp':'t'!I Tract ehell hllV"'I the, right,
which may be exerc1zcd by writt&n notice (a
"Purchace Hotlce") to Toys within one year
aft,.r the dat:.e Toys cenu to operate
11ub11tanti1lly the ~ntlro floor a~ea ot its
building, to oloct to purchi110 the Toy11
Tract and all improvemant.s ll'nd appurtenances
thereon (collectlvoly, khe ~Toyt Property"),
as set !orth In thls 11.rtic:le,; pt,10:Vitlod,
howovcr, thot thh option ah'lil l ·~not ll.PP1Y to
• sale 0£ t:.ho Toys T_ract to '1Jny :enti tY owned
or controlled by Toya or in the event Toys
sells majo r ity of its Toys"' ato'ras in the
Wostet11 lolashl.ngton araa to 0110 p'~rchaiior.
In addition, prior to exerci~1ng ~lts option
to purchcaa os sot lorth In thla A9reemont,
Oovelopor st,all 11lvo 1"oys sixty ('60) days
not Leo alter tho •xplrttlon of th• twolv•
month$ of non-operation of its intent to
cxorclso thl5 pption, ct which t~mo Toys
shall have tho rl9ht to reopen tHe Toys
Sto r a and thl11 option 1ha11 be null a.nd void
until ~uch tima aa Toys coasos to oporot • 11
do!lnod heroin tor• porlod o! twalvo (12)
con!locutlve moTiths and Toys his boon 9lvon
~lxty (60) daya written notice; provided .
however, that ~t Toys mal<&ll a pubJ·fc
announcement that it la clo11ln9 th]s Toys
Store, the !Shty (60) day notice r/11 defined
haroln shall ho reduced to fl!tea~ (15)
<:l ~ys. Tho Toys Property ahall not Include
Toys ' moveable trado fixturoa, aJgn, or
other personal property, It the o~nor of
tho D~velopor's TrAct (horalnaftar rererred
to os the "Putchuer") 10 elects to purcrn,ao
the Toye Property, tho puTchase price ahall
be the falr market v1lue o! the Toya
Pror~rty as determined by appra!4el ~,
hereinafter proYlded, 'th• Pur.cha~• Notice,
to be e!~ectlve, ahell name on appral5ftr
aelected by th• Purcha1,r who ahol1 bo •
member oc tho AmerJc,n Institute ol Real
!!tat, Appralsnr1 and ahall h~V• ~ad ,t
le1,t llvo yo1r3 •xporienco in appral,lng
conv11erc!1l r•al property , ror purpo•ea ot
tlila Sect.lo·n 8,7, •talr morket value• shall
mean the price 1k which th•• Toya Pr-op11ny
could bn sold by on, who d1alres, but la not
required to ••It, and la 1ou9ht by one who
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35188
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da1lre1, but I~ not rftqult•d to bJy, ~tt•r
due conslder11tlo'l of 1111 the 11l11ment1 •;·
re~aonably aCtactlng valu~. Wlthl~ t!~t••n
( 15) days from th• cltt• that Toy1 1.ahal"I htv•
recelvad the Purchaa~ Hotlct, Toy~ shall
:select an appraiser ond give Purctluetl·,.
notice In writing, ol th• name and
qualification~ of the appraJaer 10
selected. Toys' appraiaer shall have =the
same qualifications as sat forth above :in
connection wlth the Purchaser•• appral~er.
In th~ event Toys fails to appoln~ ltil
appralsar within said Ulteen (15): day·
period, then Purchaser may request
appointme nt of such appraiser by the ~hen
Chin£ Judge ~f the United States District
Court h~v i ng jurisdiction over the county of
Kl n g . In tho State of Washington, acting I n
h i s perso nal , prlvote capacity, and neither
Purchaser nor 't'oys ehall ralse 3ny q·u1111tlon
as to 11uch Judge' e full pow11r and '
jurisdiction to ont11rtain the appl,icat,lon
and make the appointment. ' , '
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The two appraisers so aelected shall
dete r mt ne the fa i r market value o(·tho Toys
Property at I m1111tln9 ~h 1 ch 1h1 l l ba held In
Soott l e, wa,hlnoton, within thirty (30) day,
of the appoint ment o( the aecond appriia11r,
The appr1lsar1 shall continua to consult at
,uch times a, they daem noceaaary tor a
fiftaer (15) day period (rom tho dbto ot
t heir llrst meot!n9 ln an attempt to •~r•e
on the fair market valuo of the Toy,
Property.
It the t.wo appraisers ao selected.are
unable to agree on the £1ir market,value of
tho Toys Property, tho two appraisers ihall,
within ton (10) doyo of tht i llllllediately
afore1ald fifL~en (:S) day period r,~m iha
date of thalt etr •t meetinQ In an attempt to
agree on the !air market value ot the Toys
Property,
If th• two appraiaers so 11lacted ~r•
unable to agree on the fair market ~•lue of
the Toys Property, th• two appc~her.11 •·hall,
within ten (10) days of the immediately
ator1111id Cl fteen ( l!>) day p1riod, :name, a
third appraiser who shall al10 be ii me"mber
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oC the American InstitPte of ReaV Est~ta
Appraiser and shall have had at l~as~l !iva
(S) years e~perie~~~ in 1ppr1islng 1
co1M1.:irclal reel property, 'The th;ree 1-
appralsars shall thereupon meat i 'n Siiattll,
Washington and continue to consult with each
other at such times•• they deem nece~aary
lor a fifteen (15) day period from tho data
of the first meeting of the three.of th em in
an at~~mpt to agreB on the feir m~rk ,~ value
or the Toys Property .. In tho event Wat two
or m~re oC the •~praia•ra ;ara no~·•ble to
reach agreement as to tha fair m1tke~,value
or the Toya Property within fifteen dl5)
days 1ftar ~ha first maoting of tha t .hreo
apprahara, then each apprlliur ah:1111 submit
hla Independent appraisal to Purchau•r· 11nd
Toya (which need only be in letta~_!o~m)
1t1ting that (1) he made an 1ppral~1f :of the
Toys Property, (Ii) hi, appraisal ~••~~ the
f~ir market value of the Toys Property and
(iii) the basis on which ha made iuch an
appraisal. The three independent appraisals
shall be added together and the resulting
sum divided by three; the resulting quotient
shall be the appraised fair market value of
the Toys Property; provided, however , if the
lowest appraisal an d/or the hlgh e st
appraisal are/la more than 25\ lower and/or
higher than the middle appraisal, the lowest
appraisal and/or the highest ,ppralaa~ shall
be disregarded. If only on• appraisal' is
disregarded, the remaining two 1pprai11la
shall be added together ~nd their total
divided by two1 the resulting quotient shall
be the appraised value of th• project. If
both the lowest appraisal and the .'high·eat
appraisal au diar&9orded becauaa '••ch :
varies more than 25\ from the middle ·
appraiul, then th e middle 1ppral1'1l •hall
be ~eemad the fair market value o~ th~·Toya
Property, The appraia •r of 1 ppr1i••ra'
d•t •rmlnation of the fair mark•t v~lu• oc
the Toya Property •hall be final and btndlng
upon th• p1rti •1, 1b1 •nt rraud or groii
•rror, !1ch party ahall blar the fee • •ind
axpanaea of ita own 1ppr1l1er and the f a 11
and ch1rge 1 or the third 1ppral1er sha11 be
borne equally by Purch11er and Toya,
6
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The.purchase of Toya' inter•st in the
Toys Property aha 11 be consunvna:tad through
en escrow establiahed at• mutually
acceptable title insurance company within
slzty (60) days after cQmpletion of
appra I .,al, The p\J rchue prlq• ah1ll be
payable ln cash unlesa oth111wl1e 1qre•d by
Toys. Title ~o the Toy• Propertt ahall be
conveyed by Toys to Pucchaser or its nominee
by •tatuto·ry wur,nty dHd •ulljtct to all
easements, restrictions, coYenatits and
conditions o! rec~rd, except that unpaid
taxes, assessments and any mortgages or
lienn then outstandlnq on the Toys Tract
shol l be cHschatQ-ocl t tom the purchase prlca
proce••dJS payable by Purah.ue-r h1 'r1u.ndu.
Nondclinquent reel property. taxes flha l l be
prorated ao o! the date tho ,dbcd ,1,
rococdsd. Toys shill bear tho 7ost o! an
ALTA Owne1•1 Standard Polley o! t~tle
insuranc•, which 1h1ll be delivared to th•
buyer at clo•inq, and any exci1•:t1x•• or
documentary or •tamp tax11 impoaed in
connection with the 1111, Purch·uu and
Toys shall each ba1r ~O\ of all of th•
closlnQ co1ta including ••crow and recordinq
rees. Hotwithstandlnq any oth1r ter~• and
conditions ot thi • Option to Purch111, thi1
Option ,hell terminate and be null and void
on September 30, 2006,
12. This Amendment No. l m•y b•· ,u:1cut1d in
counterparts and each Party"s execution or• counterpart
hereo! ahall have the eame !orce and erCect as execution
and delivery of all counterparts h•reof,
lJ. Except•• amended hereby, th• OEA 11
unmodl!ied and continues in lull force and 1ff1ct,
03/09/87
35lS9
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STATE OF
COUNTY OF
•
TOYS "R" US, INC.,
a DPlaware corporation
By:
By:
)
} ss .
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•
I certify that I know or have satisfactory
evidence that ---:--:----:----:--cc---c~----,-------c,-,----,. •igned thla
instrument, on oat h stated th~t he was authori zed to
execute the instrument and acknowledged it as the
of DAYTON HUDSON CORPORATION to ba
the free and voluntary act of such party !or the usea and
purposns mentioned in the instrument,
03/09/87
3518B
Dated:
Notary Public
My appointment axplr•s
8
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BCE DEVELOPMENT INC,,,
a Oolaware corporation ,.
By:
1!
B:y:
TOYS:
TOYS "R" US, INC, ,
a Delaware corporation
By: u.., .... ,Ui ... Sc?,,..•\ l 4 I'-;·
By:
Q"J STATE OF----'---
1111,
COUNTY OF _____ _
l cartlfy that know or hove aatlstactor:r
evidence that ---------------~ a lgnad thla instrument, on oath at1teo that h e w11 1uthorl 1ed to
exacuta the lnatrument and acknowledged lt •~ the
of DAYTON HUDSON CORPORAJION to be
the (rea and voluntary act or such party tor the uaaa and
purposes montloned in tha lnatrument.
03/09/87
3518B
Dated 1 __________ _
Notary Public
My •P?Ointment expire,· _____ _
e
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STATE or lw~~
couNTY or ikNU'f'•I/
nr,vn .np£R :
BCE DEVELOPMENT INC,,
a Delaware corpor •tion
By:
By:
~:
TOYS "R" US, INC., .
a Delaware corporation
By:
By:
)
)
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Dated: _~,.5~-=..1--"S"_--=-8+-1---
Ol/09/&7
351&8
Notcy P-ubl le
My appolntm•nt uplru . ..S-{7-fl
b ' :}7....1""'._U •• •.• · :c----:----------:--:--:,.=;-, :-;., ... :--:.~~~ .. i:c:::~. 11,kt:' •• l'"""~------~; ~-;::.;::.-. ,.,,,::,,,_,,........,..;~.
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fnc:.uhtc.! (){" tR, I\St"I G, .. u .... ~1A
sw.rpe or lfA~ttt1ffl'OOH-)
V!tti~CI..W~ ) S5, · COUNTY OF Mff8 )
I certify that I know or have satisfactory
evidence that OonnJd R, lllUP1m · and
....i!'""'~ H. Ptndlny :iic;ined ttiia lps trument,
on oath stated that they were authorized to oxecute the
instrument and 1cknowledc;ied it 1a tho '
Vke-ProR ldent.., Shopping •:ont.rcs and £•o~uti110 Vic:&•PuJU.dont, ~o~orat•,
respectively, of BCE DEVELOPMENT INC . to be the free and
voluntary act of such party for the u•ee and purpoaei
mentioned in the instrument, . .,.,,_,,,.,,, '&~ r-·-tt61,___,,~
ll<it a ry Pub! c i n on~ ror tha Prnvlnc:o
oC Britl,,h Colun,bla
My appointment expires !t Uo?' ('l;\19ny 1 s
rtooauro.
STAT£ OF _____ _
ss.
COUNTY or
I certi(y that I know or have aatiafactory
evidence that -----------,-,--,--,..,,..,..-c--,-and
al9ned this instrument,
on 01t h et1t .ot'I that th.ey were authoriaed to cu,ocut • tho
instrument end acknowled c;ie d it aa the
re1pectively, of
voluntary act of
mentioned in th•
Oat1id:
and
TOY Ii • R. '"u"'s-, --=-r"'N-=c-. --:-t-:-o--;:-b-e-:-t.:h-•--:f:-r ~. Ind
such party !or the uses and purpoaes
Instrument,
------------
03/09/87
B18B
Notory Publ c
My appointment expires.·-------
9
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STATE OF WASHINGTON
COUNTY OF KING
•
s:i.
I certify that I know or have satisfactory ·
evidence that----------~----~ ~nd signad this instrument,
on oath stated t hat tl\oy wer e au thorised to executedthe
instrument and acknowledged it as the
and =~~~~--...,....--,-,--, respec tively, o! ll.C.E D!V!LOPM!NT INC. to be the free 1nd
voluntary act of such party !or the uc,e and purpoia•
mentioned in the instrument.
Dated: ____ _
STATE OF ..Ak11J 'IF«/2-f.<:y
COUNTY OF be ee.s,.J
Notary Public
My appointment expires _____ _
ss .
r cer~~ ~hyt lr"F'r' oy ni,vp latlsfactory
evidence that -11.J t.dA.{)1 r.:,guJJ,. ~-@,/ and
:di,ie this l n11t rurnent,
on oath stated that they were authorized to execute the
instrum'.:1:t a~~~no,"'.l edoed i t as th o
..)y. ,J. p. ·KU!~ and ,-,,,--cc=---,--,---,-,
re5pectival y, o t TOYS "R" US, me. to be the frea and
voluntary act of such party for the uses and purposes
mentioned ln the Instrument.
03/09/87
Bl&B
Dated:~ 11, ft/0]
J?o~ al ';M01,,uj}
Notary Pub! i c
My 1ppointm•nt upl ru /l,./f/90
RCX .~NNE M011Rtll
NOIAr.V fU:Jl !C or /l(W JE~~[V
My C~mm111ion Elpiro. we. 4, 1990
9
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EXHlBlT A
TO
AMENDMENT NO,
TO
OPERATION AND EASEMENT AGREEMENT
•
Lot • of Surv~y recorded 1n Volum1 52 of Surv •y1 p •oa 220
undtr Kln9 Countr ~ecordinQ No. 8612129019.
Situate in the County of Kin9 1 Stat• of Waahinoton .
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EXHIBIT B
TO
AMENDMENT NO, 1
TO
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OPERATION AND EASEMENT AGREEMENT
De velopac Tra c t
Lot l of Survey recordtd in Volum e ~l or Surveys
pe~e zzo under Kinq County R1c0rdln; No,
86LH29019,
Situat e in tho County of Klnq, Stat e of
Wnhin;t ,,n,
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EXHIBIT B-l
TO
AMENDMENT NO. l
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TO :.--:
OPERATION AND EASEMENT AGREEMENT
Toys Tract
Lot 3 of Survey r e corded in Volume 52 of Surveys
page 220 under King County Recording No.
8612129019,
Situe~e in the County of King, State of
Washington.
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After Recording, Rerurn to:
~hen.non $.perry, Esq .
. J.~her H0lzapf~I Sperry & Ebberson PLLC
,/ 60·1 U;uo·n: Str~~t, #2600
.,, , .•.. / ~·ea t#e, \VA ?:S lJ}J ::~H)Oo.
~·. i 11 I! : WII I
.. , .. •·· 201-'01222000937
.~i'ClolGO TITLE EAS 71 .00
PAGIH!l81 01" 010
l"2/:Z?i'2010 12 : 32
KING -COU~T.Y , ~A
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.SECOND AMENDMENT to ,
OPERATION ANQ ' E.1SEMENT ACREEME~_T. ..
Referer1ce Nos.:
Om,iers: ·
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Abbr. Legal for Lo.t 4: ... ··
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APN for Lot 2:
APN for Lot 4:
j2081 IITl2S16J.DOC) (Final)
861291598; and 8707150886 ,i., •••
HILLSIDE PLAZA ASSOClA:IBS'-LLC ··· :·•
a Washington limited liability company ·(~ to l,ot 2) .. ' ... ~ ,
;?AL-DO COivfPANY, INC.
a' Washington corporation (as to Lot 4)
PTN·OF'THE NE ¼ OF THE SW¼ OF SEC. 9-21-4
·(s.ee Exhibit "A''. for full legal description}
:PTN OF TE£$ NE 1/~:0F THE SW Y. OF SEC. 9-21-4
(scc :Exh ib it "C" f& fulfleg:if:d ~ctiptioo) r.;:,.
\!9/
OHICAGO_TITLE INS . CO.
/REf.# I 3,/·6 5 3 7.. -G
0.92104~9053:.09
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092104 -90.1 7-04 •.•
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SECOND AMENDMENT TO
OPERATION M'l) EASEMENT AGREEMENT
...-··This SECOND AMENDMENT TO OPERATION AND EASEMENT AGREEMENT
.. ·•' (the "Secdod Amerfffmcnt") is made effective the 17 th day of December, 2010 (the "Effect ive
,, ~-Date") q:y and bftween Hi:1..LSIDE" PLAZA ASSOCIATES LLC, a Washington limited liability
. ~o _m.pru,y (":HP'A") .. and' PAL-DO CO~ANY, INC., a Washington corporation ("PDC") (HPA
and PI5C rriay· eaGn be _refer.red lo as a "par.ty" .. and collectively as the up~ies") .
...... RECffALS
A. -HPA ·f; the 'legaJ' owner of.the lot in. Federal Way, WA legally described in Exhibit
"A" artached hereto and 111~d<!-a par:t hereof (her~fhaft,.er-/'Lot 2").
B: PDC is the legal owner of.the lot jn Fec,ieral Way, WA legally described in Exhibit
''B" attached hereto and made a part her~of (hereinaft~r, 1'L.0~'4''), · ·
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C. . Lot 2 and Lot 4 (collectiv~ly, "-:L ot s'!) ar,e c~entJ,y sl:lbjecl to ap Operiitibn arJ.d
Easement,. Agre~ment between Dayton Hudson ,Corporq.tioi;i and BCE"Deve~op"Q'lent., 1nct made
and entered into as :9f December 19, 1986 and rec·oJTded under ··Kµlg CoUnty Auditor's file No.
·861219f598 .as:.i>ubsequently modified by Amendment No. I peccirded .-und.er Tqhg ,Aud_itor's File
No . 87040I127~'(thel'OEA"). ·• · · ·
D. HPA an~_PDC are successors~in-interes.t to the OEA fur9ugb th~ir respective
pµrchas~ o~Jl:\.e Lots . ·· ·· .-· :
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. Toe partl~s !)OW -Wish JQ. amend the OE~ .
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F. Any ~d. all re{ere •c~s to the owners of the Lots shall hereinafter include the
respective successors and/~rassigns··t11ereof
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NOW, THEREFORE ;. in cp,n.sideration o.f the .mutual promises and covenants contained
herein, and other valuable c:0nsiderationj : the· receipt ·anp Sll;fficiency of which are hereby
acknowledged, the parties hereby agree as-tollo,vs: . . _,,,.-
AGREEMENT -.··•
I. Amendments to OEA. Pursuant to' Sectio1,1 6. 14 o( the OE~·, ~e·panjes hereby
amend the OEA as of the Effective Date as follows:
a. The building height restrictions, set forth und.er Sections 3,)'(G)(i) ar1d OJ)
of the OEA, are hereby deleted from the OEA and no longer of any force. or effect:
Notwithstanding the foregoing, no mechanical equipment or similar appurn:nant ·sfr~ct1.1re loc,ated
(2081 I\Tl15163.DOC} (Final) P;ige 2 cif8 .
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.: · on .the ·-roof of a building shall extend upward above the top of the building more than five feet
· (5.i), .j:,ro ✓1desl that the foregoing prohibition sh~ll not apply to any mechanical equipment or
;;imilar appu1ienant structure existing as of the.date of this Second Amendment.
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.. .b. .,• ···' The following provisions of the OEA arc hereby deleted and of no further
. :forqe or .effept: s ·ections J.2(E)(c)t 3'2(?)(d), and 3.2(E)(e) inclusive of the two (2) paragraphs
: .. th~renft¢r aoa .befoi:e··section 3.2(f). ' · . . .-,.. -~. . \.
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the followjng;_
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., SectiolJ,S 5.1 (A)1 (B), (C); ari'd-(D) are deleted and in substitution thereof is ,. .•· ·.· .
•.,..,. (A)' No part of .the shopping Center shaU be used for uses other than
retail · sales or . retail.. services 9:r commercial purposes.
Notwilh~trmging th~ foregoing, the .Joll:6wing uses shall not be
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permitted in: the Shc)ppil}g Cent~r: ' •:
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(i) Any ~~e ?Jhieh emits an ·obn6xiol)s .,.odor, noise, or sound
which can be he.ard or ~meU,;d oµtsi _9~ of atl)( buildin ·g lo the
Shopping Center; provided· howev~r, that this ;proqibitio.ri sl\,all not
prohibit a paging systemi·'a r~tatJ.!ant,--tavem.or ·bai:~
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(ii) Aily operation primariTf used as a warehouse operation and
~y assembling, manufacturing, ·.distill ing, r"efining) smelting,
agricultural, . or mitring operation, 'provid1/d ·ho".vfver that a
restau rant , tavern or bar that distills alcoholic bev.e."rages on-site,
s~ch as a brewpub, shall be permitteo;
(iii)...-· Ahy, mobile home park, trailer court, labor camp, junkyard,
br · stockyard . (excep t that this provision shall not prohibit the
Jempofary use of construction trailers during periods of
con siructi6n,:rec;:onstructi.on, or maintenance);
.(iv) • Any iumping, disposi'ng, incineration, or reduction of
garbag~. (cxdusi ·ie of gar9age: compactors located in the rear. of any
builcl'ing); . .., ..
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(v) Any fire ·• ;~le, bankruptcy sale ,.(µn1ess .·pursuant to a court
order) or auction lio.1./se pper~tion;. · ' · ·.
(vi) Any automobile, truck, 1r'ailer or: R. V .. ,sales,·:: le~sing ,
display, or repair;
(vii) Any mortuary; and ... ~· '
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I2081 I\Tl2Sl63 .DOC) (Finni) Page 3 .ors.·
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(viii) Aii.y establishment selling or exhibiting pornographic
materials.
· _,,.-"(B) No merchandise, equipment, or services shall be displayed, offered
for s.ale Qr Jeas"e, qr stored within the Common Area; provided however,
.•· ··niat tpe .forego~g prohibition shall not be applicable to (i) the storage of
,shopping caM; (ii) .thf "display and sale of retail products on the sidewalk
; in fron·r.of a bµ1_1€!ing; (iii[ t!5mporary Shopping Center promotions; or (iv)
· .. .-peima,ttent storage withiri the Common Area not to exceed four thousand
, .. (,(oqo) square feel on Lot'£ and not to exceed four thousand (4,000)
• sgqi.re f~et on Lot 4. / ·: ; ,~·
d. Noiwithstanding_:~ything: iwth~ .. OEA or thi.sS~cond Amendment to the
contrary, structures where a residenc.e' is .-a pa.ft ({e., ~p¥f'm~nt, cond_pminium, and mixed-used
building with a residence) may be ·(.Onstiucted _ upo1fto i;2 ru,1dl?t Lo t 4; provided, however, no
mobile home park, trailer court, or the .like m~y be maintained or .:peTil).ilt-ed on Lot 2 or Lot 4
except for · tlle temporary use of cortstructiori .trQilers during . p'eriods •:• .. of constru~tion,
reconstruc.tion, or maintenance. Prior to any c_onstruct io n. an d upon appr€?val · .of c9risti:0ction
drawings .: for arty structure with a residence,· by .. .th'e _City . of .•Federal . :WaY: or app lica ble
admini;trativ_e office ;: the owners of the lot being improve,~ shall ,-pay qie . owners' o~ the_.other lot
collecµvely . ·a ej!)e-tii,ne lump-sum fee of Two Hundred Tholf-San,9 pollari ($200;000) (the
"Resi'dentil':il C6nstruction Fee" or 11 RCF") for the privilege of-constructing a· residence . For
puqioses -o f cl
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arificat.ion _~d by w~y of example, the owners of Lot'2 "w6u\_d· b~ obligated to pay
~e own·ers ~ot 4. ~. RCF upon approval of construction drawings for . th~· co!istruction of a
res.idenceupon l:ot 2 . Li !~ewis~, lhe owners of Lot 4 :would be -obligated to paN.~e owners ofLot
2 an · RCF upm;i , approvaf ofconjrtru ctitm drawings for the construction of a residence upon Lot 4.
Once an RCf has-been p.µd, no aadTil'cim1J RCFs will be due or payable for any construction of
an additional residence Qn the. s11-rne· lot. Any breach of this Section l (f) shall constitute a breach
of the OEA. . ... . . ...--· .
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NotwitJ,scanding I.be forego ing/ ll1e. RCF shall be adjusted to r~flect the
increase, if any, in the Consumer Price 1ndei , A)l Tteri:is, 1_.932:·g,4 = I 00 for All Urban Consumers
(CPI~U) for the Sea ttle-Tacoma Area, •as ourre_ntly publ\Sh~_d· by .. tJ1c .United States Departmen t of
Labor, Bureau of Lab or Statistics. '"The _base pe_~iod, for _purposes of such adjustments shall be
December, 20 l 0. Each base period shall th~n b~· u~e d pir 1f Omparis6n . purposes, and any
adjustment in the RCF shall be effective beginning orie ( l.) ye ?-f frcm1 the ~ate of this Second
Amendment and on the same day of each year the rea fter. S1:i.oul'd the Index .. liste~ above be
discontinued, the parties shall select and use another cc;>m~eroi ·a.uy · equ'i°valint ·fndex th'n_t reflects
conswner prices. In no event shall the RCF be less than $200;000,
[BALANCE OF PAGE LEFT BLANK] ·.•;
(208ll\TJ2Sl63 .DOC} (Fino\) Pa ge 4 of 8 :
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.: ~. Counterparts. This Second Amendment may be executed in any number of
couoterpart_s ... and all counterparts' shall b(: deemed to constitute a single amendment. The
exec.ution and delivery of one counterpart by any party shall have the same force and effect as if
/that p~-~ad srgned all other counterparts. .. .,• , ... ,~~
. ,:· : 3 / , Heirs and S-~.cces sors."'11:is Second Amendment shall be binding upon the heirs,
·_)egf.1 1 rei:ires~rignjve.s; s ucces:sors,.and ~~lgns of the parties.
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·:,'4./ : Miscell aneous.. The fo i;ego ing Recitals set forth at the beginning of this Second
Amendment ·iµe }n:tfr1rp9fat~d berei'11• and \;iy '¢is reference made a part hereof. Except . as
expressly mo&fied h~.rein,}.1 1 of the ·terms l:tf1d con6itions of the OEA remain in full force and
effect ., ..
IN WITNESS WHEREOF ;· the par:t f~ l_iave··h~-~~untq execqte d this Second Amendment
as of the date set forth hereinaboie.
HPA : /··-.
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HILLSIDE PLAi)i::-A SSOCIATES LLC
a Wasti0gtoq-J.\mite·d:liability company
B
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y: Stapley ~osen
I~:_ Manage·r -
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: Byung Chan Park .
Its: President
JN0TAAY BLO"E;l<S ON FOLLOWING PAGE]
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12081 I\Tl25163.00C) (Finni)
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.. 4. Count erp a..rt s. This Second Amendment may be executed in any number of
count.erpa:rts_. and all counterparts shall b~ deemed to constitute a sing] e amendment. The
.:-exei;.utiort ana·delivery of one counterpart by any party shall have the same force and effect as if
:' th~t' pat;ty. bad signed all other cpunterparts.
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·· _: ' 3 . ~H eil's and Success ors . ··T hi s Second Am endment shall be binding upon the heirs,
. ·1eg~l rept cs edt ~iives , succe ssor~, imd as sfgn s of the parties . .. ,. ~ .-..
t 4 .. / / Mi •scel Hmeou s-. The fprt;goin g Recitats set forth at the beginning of this Second
Amendiii~nl ~e ·inc&rpq i ate<:i he,r.~j n,··ar1d by lhjs refer ence made a part hereof. Except as
expressly moi°B fi ed J1e1;ei°o, il l o~ th·e term s ai:I d _c·on.ditions of the OEA remain in fuJI force and
effect. · • ····· ··
IN WITNESS WHE~OF; the _parties hav~.her~unto execu~d this Second Amendment
as of the date set forth hereinabove. ' · ·· ·
HPA: PDC: .'
HILLSID.~ PLAZA A CiATE S LLC
li a bility company
PAL-DO coMP,AN(.IN c .
Zhd-
By: Byung Chan Patk .:7 __ .-BY.-: · anfey R,e'sen
I~~: Manag~r
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{2081 l\Tl2Sl6).DOC} (Finol)
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Its: President ·
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{NOT/\RY BLOCKS ON FOLLOWrNG PAGE]
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ST A'Tij pF WASHINGTON
<;Ol)NTY.·.of·'KJNG
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. / I _ccrtif{ ;h-at I l~1ow or,.have satisfactory evidence that STANLEY ROSEN is the person who appeared
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' before me, .. and -thqt •sai d per"'5 on acknoy,,:ly9.g ed signing this instrument as the Manager of Hillside Plaza
: ·Ass_()"ciat~s L½C and ncknow!~dged _.-that he signed the same as his free and voluntary act and on oath
sta.ling that his powefS a4thoriz ing tile e15e(?Utidn of this instrument have not been revoked. . . . ; . .. '"~
D~TE~;. i>'f-C£+wfi'y I~-2 010 ~ .:"' ·:· cr£i~ gf: ~ ER I N' L •.. ---~.AT'T A
NOTARY PJBLIC·
STATE Of iV.'l 'i -1 1 N.GTON
COMMIS3i 1~.: :::,;PIRES
JANll ,:\~ 1 ~ .) ?.012
STATE OF WASHINGTON )
)ss.
)
·(P,rint~d name): D,'?'.\., L. Gi#l
-NOT ARY PUBLJC in and for the State
·ofWas~m gi o11; re s iding a_t" ~v.U..'L.
My Commissi on e;,cpires: _, }ijif-u>(Z-
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I certify, that J· know or have s ati s factory evidence that B'fUN • · N P is: th.e pe,i:-son who
appear~"tl befo ;e me , anp that said person acknowledged si gnin g·t .: ln $trument _as th e:Pre~ident' of Pal-do
Comp any In~., a od ac[(.nowl.edged that he signed the same his fre!;I and volun~~ry act li"nd on oath
stat\.ng !h ~this p;dwcrs .outhoriz.ing the ex.ecution of thi s i ment hav e not-be.en ry~o~ed . ........
DATED::__.__.....,..-,----~·2.0 IO
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{2.0811\Tl25163.DOC} (Finol)
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(printed name): ________ _
NOTARY PUBLIC in and for the State
of Wnshington, residing at ___ _
' . M,Y CpJ!lmission expires : ____ _
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/STA.TE.OF WASHINGTON : : -·--:
cb•~TY:~~FK,JNG
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)ss.
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/ I certiff tha~ J ki}bw or ha:ve satisfactory evidence th at STANLEY ROSEN is the person who appeared
· ~efor~· me,.and tha_Lshici' person acknowJ~dged signing this instr ent as the Manager of Hi ll side Plaza
. A.ssodate.s LLC and acknow·l~dged tllat he signed th~ same s his free and voluntary act and on oath
statfi1g 11:iii.t hjs' P.()Wer,s ·iiuthor iiinffh~ e~~cution of this in ument have not been revoked .
• ""I
ST ATE OF W MlHINGTON
COUNTY O'F l<ING
)
)ss.
)
(pri1 iferl name): ________ _
NOTARY PUBLIC in a.nd for the State
of WoshiJ1gt6rr,. residing at _·· ___ _
Mx:tommission ~pires:_· ____ _
,.··
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l certify •1hal I .know ·or have satisfactory evidence thot ··~~G CHAN PARK is.:1.be persbn who
appeared bef~fe ·nJe, and tha'l snid person acknowledged s igning thj _s'in~t'rumeii'C1i ~ the Presi-dent.'of Pal-do
Compiny ln.c., aJld aclffiowledg-ed that he signed the same as his free ane:! v.i:i lunlary 11ct a,nd on oath
stati-q·g that liis powers authorizing the execution of th is inslrumcnt have not .. b,e~Jl revokctt.
·1k ;
D,ATED,., [)eC.. . \1 ·. -~ , 2~10 ...
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{2081 l\T12516J.DOC) (Finni)
(printed n
·:·.NOTARY P LIC in and for tho State
.'of Wlj.Shington, residing ut @t-~~
Mf Co~mission expires :~
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EXHIBIT "A"
,.:·. ···•• .. (Legal Description for Lot 2)
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/i OT i ·· OF SUR.VEY RECORDED IN VOLUME 52 OF SURVEYS, 'PAGE 220, UNDER
... :.-RECORDiNG:NlJMBER 8612129019, INKING COUNTY, WASHINGTON . .. ,... : . . , ...... ~
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EXlilBIT "B"
(Legal Description for Lot 4)
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,.{o r 4.-QF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER
.·. RECQRD INO J'TUMBER 86 121290l9, IN KWG COUNTY , WASHINGT ON .
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(20811\Tl 2S 163.DOC) (Final)
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COUNCIL MEETING DATE: August 11, 2020
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: EXTENET SYSTEMS LLC FRANCHISE ORDINANCE
ITEM#: Be
POLICY QUESTION: Should the City grant ExteNet Systems LLC a Franchise to install, operate, maintain and
repair a telecommunications network consisting of small wireless and wireline facilities in, across, over, along,
under, through and below the City of Federal Way?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
D Consent
D City Council Business
~ Ordinance
D Resolution
STAFF REPORT BY: Desiree Winkler, P.E., De uty Director
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
MEETING DATE: August 3, 2020
• •
Public Hearing
Other
DEPT: Public Works -------
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on August 11 ,
2020.
v,-~ ,J,ci eJZJ c.vvJe.,~v'\.cc \/,:,.,+ Jl'd-e., u vt fc::..--e0<"e..
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (AUGUST 11, 2020): "I move to forward the proposed ordinance to the
September 1, 2020 Council Meeting for second reading and enactment."
SECOND READING OF ORDINANCE (SEPTEMBER 1, 2020): "/ move approval of the proposed ordinance."
(BELOW TO BE COMPL E TE D BY CITY CLERK'S OFFICE)
COUNCIL ACTION :
0 APPROVED
0 DENIED
0 /TABLED/D E FERRED/NO ACTION
IJr' MOYEO TO SECOND READ[ G (orcli11a11ces only)
REVISED-11/2019
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
August 3, 2020
City Council
CITY OF FEDERAL WAY
MEMORANDUM
Jim Ferrell Mayor
E.J Walsh, P.E. Public Works Director
FROM: i 5k , Desiree Winkler, P.E. Deputy Public Works Director
SUBJECT: ExteNet Systems LLC-Franchise Ordinance
FINANCIAL IMPACTS:
ExteNet Systems LLC (Extenet) paid a fee of Five Thousand Dollars ($5,000.00) to recover the
administrative expenses incurred by the City that are directly related to preparing and approving
this Franchise.
ExteNet will be required to pay additional penmttmg fees for installation, operation and
maintenance of their facilities, including, but not limited to right-of-way use permits, master
license, and small wireless permits. Annual rental fees for attachment to city infrastructure are
limited by Federal Communications Commission (FCC) ruling to $270 per site. There are
currently no applications for installations, nor detailed deployment plans to estimate potential
revenue.
BACKGROUND INFORMATION:
ExteNet requested a franchise from the City of Federal Way in order to install, operate, maintain
and repair a telecommunications network consisting of small wireless and wireline ( e.g. fiber
optics) facilities in, across, over, along, under, through and below the City of Federal Way rights-
of-way.
The term of this Franchise is for a period of ten ( 10) years commencing on the effective date of
this Franchise consistent with franchises the City has granted to other utility providers.
Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00)
("Franchise Bond") running or renewable for the term of this Franchise.
In addition, ExteNet shall guarantee work they complete in the right-of-way during project
construction to final acceptance through a Performance Bond in an amount of 120 percent
(120%) of the value of work performed followed by a two-year Maintenance Bond valued at
I 0% of the value of construction work not to exceed $250,000 .
ExteNet will maintain insurance of $5 Million for commercial general liability, $5 Million for
automobile, and carry an excess umbrella liability policy with limits of $10,000,000 per
occurrence and in the aggregate.
ORDINANCE NO. ----
AN ORDINANCE of the City of Federal Way, Washington, granting
ExteNet Systems LLC, its affiliates, successors and assigns a
nonexclusive franchise to occupy the rights-of-way of the City of Federal
Way, Washington, within the specified franchise area for the purposes of
constructing, maintaining, operating, replacing, and repairing a
telecommunications network in, across, over, along, under, through and
below the City of Federal Way.
WHEREAS, ExteNet Systems LLC has requested a franchise from the City of Federal Way,
in order to locate a telecommunications network, including small wireless facilities and wireline
facilities, within the rights-of-way; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise, which will specify the rights and duties ofExteNet Systems LLC; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires,
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law and specifically
reserves its right to adopt further regulations under its police powers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHING TON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
Ordinance No. 20-Page 1 of 51
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1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 Force Maj eure Event: Circumstances beyond the control of a party including strikes,
lockouts, sit-down strike, unusual transportation delays, riots, floods, washouts, explosions,
earthquakes, fire, storms, weather (including inclement weather which prevents construction),
epidemic casualty, acts of the public enemy, wars, terrorism, insurrections, and any other similar act
of God event.
1.5 "Facilities" or "Facility" means one or more elements of Franchisee's
telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas,
electronics, and other necessary appurtenances; provided that new utility poles for overhead wires or
cabling are specifically excluded unless otherwise specifically approved by the City. For the purposes
of this Franchise the term "Facilities" includes Small Wireless Facilities. Unless otherwise
specifically stated in a section, "Facilities" or "Facility" shall encompass both Small Wireless
Facilities and wireline services used to provide the Services.
1.6 "Franchise Area" means the rights-of-way of the City.
1.7 "Franchisee" means ExteNet Systems LLC and its respective successors and assigns if
consented to by the City of Federal Way as provided in Section 26.2herein.
1.8 "FWRC" means the Federal Way Revised Code.
1. 9 "Rights-of-Way" means land acquired or dedicated for public roads and streets, but
does not include: (a) State highways; (b) land dedicated for roads, streets, and highways not opened
and not improved for motor vehicle use by the public; (d) Federally granted trust lands or forest
board trust lands; (e) lands owned or managed by the state parks and recreation commission; (f)
Ordinance No. 20-__ Page 2 of 51
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Federally granted railroad rights-of-way acquired under 43 U.S.C. § 912 and related provisions of
federal law that are not open for vehicular use; or (g) leasehold or City-owned property to which the
City holds fee title or other title and which is utilized for park, utility, or a governmental or
proprietary use and not primarily for road, street, or highway use. Franchisee is still required to
obtain a lease or similar agreement for the usage of any City or third party owned poles, conduit,
fixtures, or structures.
1.10 "Services" shall include: (i) high speed data and fiber optic services, internet protocol-
based services, internet access services, conduit and dark fiber leasing, telephone, and data transport
services and (ii) the infrastructure development to be used for Small Wireless Facilities. Services do
not include those personal wireless services and associated facilities or infrastructure that fall outside
of the definition of Small Wireless Facilities (i.e. macro facilities).
1.11 "Small Wireless Facilities" means a personal wireless services facility as defined in
FWRC 19.256.020. Small Wireless Facilities shall also include all necessary cables, transmitters,
receivers, equipment boxes, backup power supplies, power transfer switches, electric meters, coaxial
cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient
appurtenances used for the specific wireless communications facility. Equipment enclosures with
equipment generating noise that exceeds the noise limits allowed in the Codes or associated permit
are excluded from "Small Wireless Facilities."
Section 2. Grant/Acceptance
2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of constructing, operating, excavating,
installing, maintaining, restoring, replacing and repairing Facilities within the Franchise Area. This
Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by
Ordinance No. 20-Page 3 of 51
Rev 2/19
Franchisee. Nothing contained within this Franchise shall be construed to grant or convey any right,
title, or interest in the Rights-of-Way to Franchisee other than for the purpose of providing the
Services, nor to subordinate the primary use of the Right-of-Way as a public thoroughfare. If
Franchisee desires to expand the Services provided within the City, it shall request a written
amendment to this Franchise; provided, however, that Franchisee may not offer Cable Services as
defined in 47 U.S.C. § 522(6) under this Franchise.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within thirty (30) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit
proof of insurance obtained and additional insured endorsement pursuant to Error! Reference
source not found., and shall provide the City with the name and contact information for the
Franchise manager pursuant to Section 26.7. The administrative fee pursuant to Section 21 is due
within thirty (30) days of receipt of the invoice from the City.
Section 3. City Propertv/Non-Exclusive Franchise
3.1 City Property. This Franchise does not and shall not convey any right to Franchisee to
install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of
any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use
any City-owned or leased property within the Franchise Area other than the Rights-of-Way. Further,
no right to install any facility, infrastructure, wires, lines, cables, or other equipment, upon private
property without the owner's consent is granted herein. If Franchisee desires to use City-owned
structures, physical facilities, parks, poles (including, but not limited to, utility poles and light poles),
Ordinance No. 20-Page 4 o/51
Rev 2/19
conduits, fixtures, or real property located within the Rights-of-Way, it shall enter into a separate
lease or license agreement with the City.
3.2 Non-Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not
be construed to in any manner prohibit the City from granting other and further Franchises in, under,
over, upon, and along the Franchise Area, nor from exercising such other powers and authorities
granted to the City by the Washington State Constitution and general law, including the City's right
to adopt future regulations under its police powers. Such Franchise shall in no way prevent or
prohibit the City from using any of said roads, streets, or other public properties or affect its
jurisdiction over them or any part of them, and the City shall retain power to make all necessary
changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the
City may deem fit, including the dedication, establishment, maintenance, and improvement of all
new Rights-of-Way, thoroughfares and other public properties of every type and description .
Section 4.
Subject to Franchisee filing its acceptance pursuant to Section 2.2, the term ofthis Franchise
shall be for a period often (10) years commencing on the effective date of this Franchise, unless
terminated earlier pursuant to this Franchise or other applicable law.
Section 5. Location of Facilities
5.1 Location. The Facilities, excluding Small Wireless Facilities, permitted by this
Franchise shall be installed underground, except as approved per the variance procedures established
in Section 11.05.080 of the FWRC. Small Wireless Facilities permitted by this Franchise shall be
installed consistent with the City's standards, including but not limited to, Chapter 19.256 FWRC
and the City of Federal Way Development Guidelines. The location of the Facilities, their depths
below surface of ground, their height above the surface of the ground, or grade of a Right-of-Way,
Ordinance No. 20-Page 5 of 51
Rev 2/19
and any related existing equipment to which the Facilities are connected shall be depicted on a map
and submitted to the City within thirty (30) days after the installation of the Facilities. Upon written
request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to
the system. Any such map ( or update thereof) so submitted shall be for informational purposes only
and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
5 .2 WSDOT. To the extent that any Rights-of-Way within the Franchise Area are part of
the state highway system ("State Highways") are considered managed access by the City and are
governed by the provisions of Chapter 4 7.24 RCW and applicable Washington State Department of
Transportation ("WSDOT") regulations, Franchisee shall comply fully with said requirements in
addition to local ordinances and other applicable regulations. Without limitation of the foregoing,
Franchisee specifically agrees that:
A. Any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT and City requirements;
B. Any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired, and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT and City requirements; and
C. Without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
5.3 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Section 5.1 above in
digital GIS format, showing the location of its Facilities within the Franchise Area.
Ordinance No. 20-__ Page 6 of51
Rev 2/19
5.4 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City's
request, provide the location of Franchisee's Facilities within the Franchise Area by either field
markings or by locating the Facilities on the City's design drawings, and shall provide all other
reasonable cooperation and assistance to the City.
5.5 One Call Locator Service. Prior to doing any work in the Franchise Area, the
Franchisee shall follow established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes regarding the One Call Locator Service
pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee
shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not
be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's
customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed
time limits and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
Section 6. Noninterference of Facilities
6.1 Maintenance of Facilities. Franchisee agrees to maintain its Facilities and perform any
and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free
passage of traffic; (2) in accordance with the laws of the State of Washington and FWRC
requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter
amended; and (3) as required by the Director. This requirement applies whether the work is
performed by the Franchisee, its agents, employees, subcontractors, or other third parties at
Franchisee's direction.
Ordinance No. 20-Page 7 o/51
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6.2 Interference with Use of the Streets. When installing, locating, laying, or maintaining
Facilities, apparatus, or improvement, Franchisee shall not interfere with the use of any street to any
greater extent than is necessary, and shall leave the surface of any such street in as good condition as
it was prior to performance by Franchisee of such work. Any Facility, apparatus, or improvement
shall be laid, installed, located, or maintained in conformance with instructions given by, and to the
satisfaction of the City. In any event, Franchisee shall, at its own expense, and to the satisfaction of
the City in accordance with the terms of the right-of-way permit, restore to City standards and
specifications any damage or disturbance caused to the Rights-of-Way or any City property as a
result of Franchisee's construction or operations.
Section 7. Requirement to Obtain Permits & Work in the Right of Way
7.1 Permits and Permit Applic ations. Franchisee shall, at its expense, obtain all permits,
including but not limited to rights-of-way permits and small wireless facility permits, and pay all
permit fees required by applicable City ordinances, regulations, resolutions, and rules prior to
commencing any work within the Franchise Area. The manner of excavation, construction,
installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road
obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic
control shall be in accordance with the right-of-way permit and shall be in accordance with the
Manual on Uniform Traffic Control Devices ("MUTCD").
7.2 Emergency Exce ption to Permit Requirement. In the event of an emergency in which
Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the
property, life, health, or safety of any individual, Franchisee may take action immediately to correct
the dangerous condition without first obtaining any required permit so long as: (1) Franchisee
informs the City of the nature and extent of the emergency, and the work to be performed, prior to
Ordinance No. 20-__ Page 8 o/51
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commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
7.3 D esi gn tand ard s fo r Wirel ess S ervices and U ndergrounding Faciliti es. Franchisee
shall adhere to the City's Design and Construction Standards for the deployment of Small Wireless
Facilities, and shall und~rground its wireline Facilities and/or place its wireline Facilities within the
pole as may be required by such design standards and this Franchise. Franchisee shall not be
permitted to erect new poles, except as permitted pursuant to Chapter 19.256 FWRC.
A. Franchisee acknowledges and agrees that if the City allows the placement of
Facilities above ground the City may, at any time in the future, require the conversion of Franchisee's
aerial facilities to an underground installation or to be relocated at Franchisee's expense if the
existing poles on which Franchisee's Facilities are located are designated for removal due to a City
projects as described in Section 12. This Franchise does not place an affirmative obligation on the
City to allow the relocation of such Facilities on public property or in the Right-of-Ways nor does it
relieve Franchisee from any FWRC provision(s) related to the siting of wireless facilities.
B. Franchisee shall not be required to underground any portion of the Facility that
must technically remain above-ground to operate. If the City requires undergrounding of wirelines
( either telecommunications or electrical) and allows Franchisee's Facilities to remain above ground,
then Franchisee shall fully cooperate with the City and modify the affected Facilities to incorporate
the placement of wireline services underground and internal to the pole if the replacement pole is
hollow (for example, electrical and fiber) or otherwise consistent with a design plan agreed to
between the City and Franchisee, at no cost to the City.
C. Franchisee shall not remove any underground Facilities that require trenching
or other opening of the Rights-of-Way, except as provided in this Section 7. Franchisee may remove
Ordinance No. 20-Page 9 of 51
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any underground Facilities from the Rights-of-Way that have been installed in such a manner that it
can be removed without trenching or other opening of the Rights-of-Way, or if otherwise permitted
by the City. Franchisee may remove any underground cable from the Rights-of-Way where
reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 12. When
the City determines, in the City's sole discretion, that Franchisee's underground Facilities must be
removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove such
Facilities at Franchisee's sole cost and expense. Franchisee must apply and receive a permit,
pursuant to Section 7 .1, prior to any such removal of underground Facilities from the Rights-of-Ways
and must provide as-built plans and maps pursuant to Section 8.3.
7.4 Work in the Rights-of-Way. During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors and subcontractors shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free passage
of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all
times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members of the general public and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City or the laws
of the State of Washington, including RCW 3 9 .04.180 for the construction of trench safety systems.
7.5 Coordination of Activities. Franchisee shall meet with the City and other franchise
holders and users of the Rights-of-Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights-of-Way. All construction locations, activities, and
schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption
or damages.
Ordinance No. 20-__ Page JO of 51
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Section 8. Standard of Performance
8.1 Backfilling Requirements. The Franchisee shall not excavate for a distance of more
than one hundred feet (100') without immediately backfilling and compacting to surface grade and
City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or
permanently, before the end of the day in which they have been opened. Trench areas within the
Right-of-Way, but not within a driving lane, must also be patched within the time limits specified by
the City on the right-of-way use permit. Final surface restoration shall be completed within thirty
(30) days and shall be equal to or better than the surface condition prior to permit issuance.
8.2 Asphalt Overlay. Any asphalt overlay completed within the Franchise Area during the
five (5) year-period immediately prior to the date of permit application shall not be open cut by
Franchisee unless required by an emergency and subject to the provisions of Section 7.2 above.
Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency
or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions
from the open cut, unless determined otherwise by the Director.
8.3 As-Built Maps. Within fifteen (15) days of completion of any installation or
modification of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the
Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the
"as-built" location of the Facilities. These plans and maps shall be provided at no cost to the City and
shall include hard copies and digital files in Autocad or other industry standard readable formats that
are acceptable to the City and delivered electronically. Franchisee shall warrant the accuracy of all
plans, maps, and as-builts provided to the City.
Ordinance No. 20-Page 11 of 51
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8.4 Joint Trench. If Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so,
an opportunity to share such excavation, PROVIDED THAT:
A. Such joint use shall not unreasonably delay the work of the Franchisee causing
the excavation to be made;
B. Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
C. Franchisee may deny such request for safety reasons.
8.5 Open U tility Tren ch es. Franchisee shall be entitled to reasonable access to open
utility trenches when the City is constructing new utility trenches, provided that such access does not
interfere with the City's placement of utilities or increase the City's costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open trench,
including without limitation the pro rata share of the costs of access to an open trench, additional
costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the
utility trenches, and any costs associated with the delay of the completion of a public works project.
Further, the City may deny such requests if:
A. Such joint use unreasonably delays the work of the City;
B. The parties cannot agree on terms and conditions; or
C. Granting access to the utility trench creates a safety concern.
8.6 Additional Ducts/Conduit. Franchisee shall inform the City with at least thirty (30)
days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the
Rights-of-Way and provide the City with an opportunity to request that Franchisee provide the City
Ordinance No. 20-Page 12 of 51
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with additional duct or conduit and related structures necessary to access the conduit pursuant to
RCW 35.99.070.
8.7 Tree Trimming. Franchisee may trim trees upon and overhanging on the Rights-of-
Ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the trees from
coming in contact with Franchisee's Facilities. The right to trim trees in this Section 8.7 shall only
apply to the extent necessary to protect Franchisee's Facilities. Franchisee shall ensure that its tree
trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably
possible. Franchisee shall be responsible for all debris removal from such activities. All trimming,
except in emergency situations, is to be done after the explicit prior written notification and approval
of the City and at the expense of Franchisee. Franchisee may contract for such services, however, any
firm or individual so retained must first receive City approval prior to commencing such trimming.
Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private
property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely
responsible and liable for any damage to any third parties' trees or natural growth caused by
Franchisee's actions. Franchisee shall indemnify, defend, and hold harmless the City from third-party
claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or
natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City
or the property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction of an
arborist certified by the International Society of Arboriculture, unless otherwise approved by the
Director.
8.8 Safety. Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry-standard methods for preventing failures and accidents that are likely to
Ordinance No. 20-__ Page 13 of 51
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cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at all
times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and
City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as
required by applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with
the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC
regulations, and Occupational Safety and Health Administration ("OSHA") Standards. Upon
reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to
evaluate if they are constructed and maintained in a safe condition.
8.9 Additional Safety Standards.
A. Franchisee shall endeavor to maintain all equipment lines and facilities in an
orderly manner, including, but not limited to, the removal of all bundles of unused cable on any
aerial facilities.
B. All installations of equipment, lines, and ancillary facilities shall be installed
in accordance with industry-standard engineering practices and shall comply with all federal, State,
and local regulations, ordinances, and laws.
C. Any opening or obstruction in the Rights-of-Way or other public places made
by Franchisee in the course of its operations shall be protected by Franchisee at all times by the
placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and
darkness, shall be clearly marked and visible.
8.10 top Work Order. On notice from the City that any work is being performed contrary
to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or
Ordinance No. 20-__ Page 14 of 51
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in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the
work may immediately be stopped by the City. The stop work order shall:
A.
B.
C.
D.
E.
Section 9.
Be in writing;
Be given to the person doing the work or posted on the work site;
Be sent to Franchisee by overnight delivery;
Indicate the nature of the alleged violation or unsafe condition; and
Establish conditions under which work may be resumed.
urvev Markers and Monuments
9.1 Survey Markers and Monuments. Franchisee shall, usmg a licensed surveyor,
immediately replace all markers or monuments disturbed during any work by Franchisee within the
Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed
monuments or markers. In accordance with RCW 58.24.040(8), no cadastral or geodetic survey
monument may be disturbed without a valid permit to remove or destroy a survey monument, issued
by the Washington State Department of Natural Resources. Permit applications can be obtained on
the DNR Public Land Survey Office website. The permit application must be stamped by a registered
Washington State Land Surveyor. Franchisee shall obtain the permit to remove or destroy a survey
monument as necessary. All costs to obtain and comply with the permit shall be paid by Franchisee.
9.2 Suiface Markings/Stakes. Prior to Franchisee commencing any excavation work
within the Franchise Area, Franchisee shall reference all monuments and markers relating to
subdivisions, plats, highways, and other surveys. The reference points shall be located so that they
shall not be disturbed during the Franchisee's operations under this Franchise. The method of
referencing these monuments or other points shall be approved by the City before placement. The
construction shall be made as expeditiously as conditions permit, and as directed by the City. The
Ordinance No. 20-Page 15 o/51
Rev 2/19
cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of
the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for
monuments and other ties shall be filed with the City.
Section 10. Work of Subcontractors and Contractors
Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with
State law and the City's ordinances, regulations, and requirements. Work by contractors and
subcontractors are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors
and subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this Franchise and
applicable law.
ection 11. Right of City to Complete Work
11.1 on-Compliance/Work P rformed by City. In the event Franchisee fails to comply
with any applicable federal, state or City laws, ordinances, rules, regulations, or standards or with
any of the terms of this Franchise, or if such work by Franchisee endangers property or the public
and such noncompliance continues for a period of ten (10) days after Franchisee receives written
notice from the City regarding the noncompliance, the City may, but in no event is the City obligated
to, order any work completed, including without limitation Franchisee's obligation to repair pursuant
to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section
12 herein. If the City causes such work to be done by its own employees or by any person or entity
other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the
Ordinance No. 20-__ Page 16 of 51
Rev 2/19
City shall not have any electrical work accomplished by any person or entity other than Franchisee or
a qualified and licensed electrical contractor.
11.2 Emergency Work Performed by City. The City retains the right and privilege to cut or
move any Facilities located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety emergency. Consistent
with Section 21.2, Franchisee shall reimburse the City for the costs associated with the repair.
11.3 No Liability for Damage. The City shall not be liable for any damage to or loss of
Facilities within the Rights-of-Way as a result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way
by or on behalf of the City, except to the extent directly and proximately caused by the sole
negligence or intentional misconduct of the City, its employees, contractors, or agents. The City shall
further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any
person or entity of any type as a direct or indirect result of the City's actions under this Section 11
except to the extent caused by the sole negligence or intentional misconduct of the City, its
employees, contractors, or agents.
Section 12. Reg uired Relocation of Facilities
12.1 ity Reservation of Rights. The City reserves the right to use, occupy and enjoy all or
any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose. The
rights reserved herein include, without limitation, the construction, installation, and/or maintenance
of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping,
bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public
street and Right-of-Way improvement projects.
Ordinance No. 20-Page 17 o/51
Rev 2/19
12.2 Relocation. The City may require Franchisee, and Franchisee covenants and agrees,
to protect, support, temporarily disconnect, relocate, remove, and/or modify its Facilities within the
Rights-of-Way when reasonably necessary for construction, alteration, repair, or improvement of the
Right-of-Way for purposes of public welfare, health, or safety. These projects may include, but are
not limited to, improving the Rights-of-Way for traffic conditions, dedications of new Rights-of-Way
and the establishment and improvement thereof; widening and improvement of existing Rights-of-
Way, street vacations, roadway construction, change or establishment of street grade, or the
construction of any public improvement or structure, or as otherwise necessary for the operations of
the City, regardless of the type of entity (public or private) performing the project. Collectively all
such projects described in this Section 12.2 shall be considered "Public Improvement Projects."
Except as otherwise provided by law, the costs and expenses associated with relocation or
disconnections ordered pursuant to this Section shall be borne by Franchisee.
12.3 otice of Public Improvement Projects. If the City determines that the project
necessitates the relocation of Franchisee's existing Facilities, the City shall provide Franchisee in
writing with a date by which the relocation shall be completed (the "Relocation Date") consistent
with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee
and consider the extent of facilities to be relocated, the services requirements, and the construction
sequence for the relocation, within the City's overall project construction sequence and constraints, to
safely complete the relocation. Franchisee shall complete the relocation by the Relocation Date,
unless the City or a reviewing court establishes a later date for completion, as described in RCW
35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to
engage in the following recommended process, absent an emergency posing a threat to public safety
Ordinance No. 20-Page 18 of 51
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or welfare or an emergency beyond the control of the City that will result in severe financial
consequences to the City:
A. The City will consult with the Franchisee in the predesign phase of any Public
Improvement Project in order to coordinate the project's design with Franchisee's Facilities within
such project's area.
B. Franchisee shall participate in predesign meetings until such time as (i) both
parties mutually determine that Franchisee's Facilities will not be affected by the Public
Improvement Project or (ii) until the City provides Franchisee with written notice regarding the
relocation as provided in subsection O below.
C. Franchisee shall, during the predesign phase, evaluate and provide comments
to the City related to any alternatives to possible relocations. The City will give any alternatives
proposed by the Franchisee full and fair consideration, but the final decision accepting or rejecting
any specific alternative shall be within the City's sole discretion.
D. The City will provide Franchisee with its decision regarding the relocation of
Franchisee's Facilities as soon as reasonably possible, endeavoring to provide no less than ninety
(90) days prior to the commencement of the construction of such Public Improvement Project;
provided, however, that in the event that the provisions of a state or federal grant require a different
notification period or process than that outlined in this Section, the City will notify the Franchisee
during the predesign meetings and the process mandated by the grant funding will control.
E. After receipt of such written notice, Franchisee shall relocate such Facilities to
accommodate the Public Improvement Project consistent with the timeline provided by the City and
at no charge or expense to the City. Such timeline may be extended by a mutual agreement.
Ordinance No. 20-Page 19 of51
Rev 2/19
12.4 Franchisee's Duties. Within the time frame established by the City under
Section Error! Reference source not found. requiring relocation, Franchisee shall raise, lower, or
move such Facilities within the Franchise Area to the location or position directed by the City, to
cause the least interference with the improvement, repair, or alteration contemplated by the City and
to conform to such new grades as may be established. If the City improves a Right-of-Way,
Franchisee shall, upon receipt of notice, replace the Facilities located in the improved subgrade of
the improvement with substitute Facilities conforming to the specifications for the improvement of
the -Right-of-Way. The relocation of the Facilities shall be at the Franchisee's sole cost and expense
except as otherwise provided in RCW 35.99.060.
12.5 Delay. Franchisee shall be solely responsible for the out-of-pocket costs incurred
by the City for delays in a Public Improvement Project to the extent the delay is caused by or arises
out of Franchisee's failure to comply with the final schedule for the relocation ( other than as a result
of a Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any
third party umelated to Franchisee. Franchisee vendors and contractors shall not be considered
umelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the
City's contractors and/or consultants for increased costs and associated court costs, interest, and
attorneys' fees incurred by the City to the extent directly attributable to such Franchisee's caused
delay in the Public Improvement Project. Franchisee shall indemnify, hold harmless, and pay the
costs of defending the City, in accordance with the provisions of Section 22, against any and all
claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or
arising out of the failure of Franchisee to remove or relocate its Facilities as provided in this Section
12; provided, that Franchisee shall not be responsible for damages due to delays caused by
Ordinance No. 20-Page 20 of 51
Rev 2/19
circumstances beyond the control of Fr~nchisee or the sole negligence, intentional misconduct, or
unreasonable delay of the City or any unrelated third party.
12.6 Third-Party Relocat ions. The provisions of this Section 12 shall in no manner
preclude or restrict Franchisee from making arrangements it may deem appropriate when responding
to a request for relocation of its Facilities by any person or entity other than the City, or a third-party
on behalf of the City, where the facilities to be constructed by said person or entity are not or will not
become City-owned, operated, or maintained facilities provided that such arrangements do not
unduly delay a City construction project.
12. 7 Relocation -Franchisee Owned Struct ures. The cost of relocation of any Franchisee
owned poles or structures shall be determined in accordance with the requirements of RCW
35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of relocating its
Small Wireless Facilities in order to provide consideration for the City's approval to site a Small
Wireless Facility on Franchisee owned structures or poles in a portion of the Right-of-Way
designated or proposed for a Public Improvement Project. For this Section 12. 7, designation of the
Right-of-Way for a Public Improvement Project shall be undertaken in the City's Comprehensive
Plan in accordance with the requirements of Ch. 36.70ARCW. The Comprehensive Plan includes,
but is not limited to, the Transportation element or Transportation Improvement Plan (TIP), Capital
Facilities element, utilities element and any other element authorized by RCW 36.70A.070 and RCW
36.70A.080. The parties acknowledge that this provision is mutually beneficial to the parties, as the
City may otherwise deny the placement of the Small Wireless Facility at a particular site because of
the cost impact of such relocation and the conflict with the City's Comprehensive Plan.
12.8 Third Paiiy St ruct ures. If the request for relocation from the City originates due to a
Public Improvement Project, in which structures or poles are either replaced or removed, then
Ordinance No. 20-Page 21 o/51
Rev 2/19
Franchisee shall relocate or remove its Facilities as required by the City at no cost to the City, subject
to the procedures in this Section 12. Franchisee acknowledges and agrees that, to the extent
Franchisee's Facilities are located on poles owned by third-parties, the City shall not be responsible
for any costs associated with requests arising out of a City Public Improvement Project.
12.9 Locate. Upon request of the City and in order to facilitate the design of City street and
Right-of-Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if
reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so
that the Facilities' location may be taken into account in the improvement design. The decision as to
whether any Facilities need to be relocated in order to accommodate the City's improvements shall
be made by the City upon review of the location and construction of Franchisee's Facilities. The City
shall provide Franchisee at least fourteen ( 14) days' written notice prior to any request for excavation
or exposure of Facilities.
12.10 City s Costs. If Franchisee fails, neglects, or refuses to remove or relocate its
Facilities as directed by the City following the procedures outlined in this Section 12, then upon at
least ten (10) days' written notice to Franchisee, the City may perform such work or cause it to be
done, and the City's costs shall be paid by Franchisee pursuant to Section 21.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to Rights-of-Way, or to public and private improvements within or adjacent to Rights-of-
Way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage, immediately notify the City. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to Rights-of-Way, or to public and private improvements within or adjacent to Rights-of-
Ordinance No. 20-__ Page 22 of 51
Rev 2/19
Way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a Right-of-Way or an
improvement as required in this section, the City may repair the damage pursuant to Section 11 of
this Franchise.
Section 14. Default
14.1 Remedies. The City may elect, without any prejudice to any of its other legal rights
and remedies, to obtain an order from the superior court havingjurisdiction compelling Franchisee to
comply with the provisions of this Franchise and to recover damages and costs incurred by the City
by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City
reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and
assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions
herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or
Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or
otherwise, and nothing contained herein shall be deemed or construed to affect any such waiver.
14.2 otice and Cure; Damages. If Franchisee shall violate, or fail to comply with any of
the provisions of this Franchise, or should it fail to heed or comply with any notice given to
Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written
notice specifying with reasonable particularity the nature of any such breach and Franchisee shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days,
the City may specify a longer cure period, and condition the extension of time on Franchisee's
submittal of a plan to cure the breach within the specified period, commencement of work within the
Ordinance No. 20-Page 23 o/51
Rev 2/19
original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or Franchisee does not comply with the specified conditions,
City may, at its discretion, (1) commence revocation proceedings pursuant to Section 14.3, or (2)
claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or bond set
forth in Section 24, or (3) pursue other remedies as described in Section 14.1 above.
14.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any
of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or
comply with any notice given Franchisee by the City under the provisions of this Franchise, then
Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred
hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon
notice to Franchisee.
Section 15. Deployment of Facilities
15.1 City Retains Approval Authority. The City shall have the authority at all times to
control by appropriately exercised police powers through ordinance or regulation, consistent with 4 7
U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State of Washington, the location, elevation,
manner of construction, and maintenance of any of Franchisee's Facilities, and Franchisee shall
promptly conform with all such requirements, unless compliance would cause Franchisee to violate
other requirements oflaw. This Franchise does not prohibit the City from exercising its rights under
federal, state or local law to deny or give conditional approval to an application for a permit to
construct any individual Facility.
15.2 City Approvals and Permits. The granting of this Franchise is not a substitute for any
other City required approvals to construct Franchisee's Facilities in the Rights-of-Way ("City
Approvals"). The parties agree that such City Approvals ( except Right-of-Way use permits as
Ordinance No. 20-Page 24 of 51
Rev 2/19
described in Section 7 of this Franchise) are not considered use permits, as that term is defined in
RCW 35.99.010. These City Approvals do not grant general authorization to enter and utilize the
Rights-of-Way but rather grant Franchisee permission to build its specific Facilities. Therefore, City
Approvals are not subject to the thirty (30) day issuance requirement described in RCW 35.99.030.
The parties recognize that this provision is specifically negotiated as consideration for designating
the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the Codes,
state, and federal laws governing wireless communication facility siting and may be in addition to
any permits required under Section 7 .1.
15.3 Preference for Existing Infrastructure: ite Specific Agreements.
A. Franchisee shall utilize existing infrastructure in the City whenever possible
and consistent with the design, concealment, and siting of the Codes. The erection of new poles or
structures in the Right-of-Way may only be permitted if no other alternative space feasible for the
installation of the Facility is available. In the event that existing infrastructure is not available or
feasible for a Facility, or if the City prefers new poles or infrastructure in a particular area of the City,
then Franchisee may request the placement of new or replacement structures in the Rights-of-Way
consistent with the requirements of the Codes.
B. Franchisee acknowledges and agrees that pursuant to RCW 35.21.860,
Franchisee may be required to enter into a site-specific agreement or lease for any of the following:
(i) The placement of new poles or structures in the Right-of-Way
regardless of height, unless the new structure is the result of a mandated relocation;
(ii) The placement of replacement structures when the replacement is
necessary for the installation or attachment of the Facilities, the replacement structure is higher
Ordinance No. 20-Page 25 o/51
Rev 2/19
than the replaced structure, and the overall height of the replacement structure and the Facility is
more than sixty feet; or
(iii) The placement of Facilities on poles structures owned by the City
located in the Right-of-Way.
C. Replacement poles or structures which remain substantially similar to existing
structures or deviate in height or design as permitted within the FWRC are permissible provided that
Franchisee, or the pole owner at the Franchisee's request, removes the old pole or structure promptly,
but no more than ninety (90) days after the installation of the replacement pole or structure.
D. This Section 15.3.4 does not place an affirmative obligation on the City to
allow the placement of new infrastructure on public property or in the Rights-of-Way, nor does it
relieve Franchisee from any Code provision related to the siting of wireless facilities.
15.4 Concealment. Franchisee shall construct its Facilities consistent with the concealment
or stealth requirements as described in the Codes, as the same exist or are hereafter amended, or in
the applicable permit(s ), lease, site specific agreement, or license agreement, in order to minimize the
visual impact of such Facilities.
15.5 Eligible Facilities Requests. The parties acknowledge that it is the intent of this
Franchise to provide general authorization to use the Rights-of-Way for Small Wireless Facilities.
When considering whether a proposed modification is a substantial change under Section 6409(a) of
the Spectrum Act, 47 U.S.C. § 1455(a), the parties acknowledge that the designs as illustrated in a
Small Wireless Permit, including the dimensions and number of antennas and equipment boxes and
the pole height are intended and stipulated to be aesthetic conditions to minimize the visual impact of
the Small Wireless Facilities, and specifically to utilize concealment elements intended to maintain
the look of a utility or light pole to which the Facilities are attached.
Ordinance No. 20-Page 26 of 51
Rev 2/19
15 .6 Inventory. Franchisee shall maintain a current inventory of Facilities throughout the
Term of this Franchise. Franchisee shall provide to the City a copy of an inventory report within
thirty (30) days after a request by the City. The inventory report shall include GIS coordinates, date
of installation, type of pole used for installation, description/type of installation for each Facility
installation and photographs taken before and after the installation of the Facility and taken from the
public street. Facilities that are considered Deactivated Facilities, as described in Section 25.2, shall
be included in the inventory report and Franchisee shall provide the same information as is provided
for active installations as well as the date the Facilities were deactivated and the date the Deactivated
Facilities were removed from the Right-of-Way. The City shall compare the inventory report to its
records to identify any discrepancies, and the parties will work together in good faith to resolve any
discrepancies. Franchisee is not required to report on future inventory reports any Deactivated
Facilities that were removed from the Right-of-Way since the last reported inventory and may
thereafter omit reference to the Deactivated Facilities.
15.7 Unauthorized Facilities. Any Small Wireless Facilities installations in the Right-of-
Way that were not authorized under this Franchise or other required City Approval ("Unauthorized
Facilities") will be subject to the payment of an Unauthorized Facilities charge by Franchisee. The
City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff
and Franchisee shall either (i) establish that the site was authorized, or (ii) submit a complete
application to the City for approval of the Unauthorized Facilities. Upon notice of the Unauthorized
Facility, Franchisee shall be charged Five Hundred Dollars ($500.00) per day per Unauthorized
Facility ("Unauthorized Facility Penalty"). The Unauthorized Facility Penalty shall be waived in its
entirety if Franchisee can establish that the site was in fact authorized. The Unauthorized Facility
Penalty shall be suspended upon the submission of a complete application to the City requesting
Ordinance No. 20-__ Page 27 of 51
Rev 2/19
approval of the Unauthorized Facility. If the application for such Unauthorized Facilities is denied as
the final decision, then the Unauthorized Facility Penalty will resume until the Unauthorized
Facilities are removed and Franchisee shall remove the Unauthorized Facilities from the City's
Right-of-Way within thirty (3 0) days after the expiration of all appeal periods for such denial. Upon
the conclusion of any matter involving an Unauthorized Facility, City shall provide Franchise an
invoice detailing the total amount of the Unauthorized Facility Penalty, if any, which penalty
Franchisee shall pay within thirty (30) days after receipt of notice thereof. This Franchise remedy is
in addition to any other remedy available to the City at law or equity. Notwithstanding the foregoing,
an Unauthorized Facility Penalty pursuant to this Franchise shall not be assessed if Franchisee
received City Approval for the Small Wireless Facilities but such Small Wireless Facilities are
technically inconsistent with the City Approval; provided, however, Franchisee is still required to fix
any inconsistencies with the permit requirements and that this provision does not restrict the City's
other enforcement rights.
15.8 Graffiti Abatement. As soon as practical, but not later than seven (7) days from the
date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of
its Facilities of which it is the owner of the pole or structure or on the Facilities themselves attached
to a third-party pole (e.g., graffiti on the shrouding protecting the radios). The foregoing shall not
relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation.
15.9 E missions Reports.
A. Franchisee is obligated to comply with all laws relating to allowable presence
of or human exposure to Radiofrequency Radiation ("RFs") or Electromagnetic Fields ("EMFs") on
or off any poles or structures in the Rights-of-Way, including all applicable FCC standards, whether
such RF or EMF presence or exposure results from the Facility alone or from the cumulative effect
Ordinance No. 20-Page 28 of51
Rev 2/19
of the Facility added to all other sources operated by Franchisee or on behalf of Franchisee on or near
the specific pole or structure. Franchisee shall comply with the RF emissions certification
requirements ofFWRC 4.23.020(2).
B. Nothing in this Franchise prohibits the City from requiring periodic testing of
Franchisee's Facilities, provided that such testing is not requested on any one Facility more than once
in a calendar year, unless as otherwise required by a permit or due to a modification of the Facility.
The City may inspect any of Franchisee's Facilities and equipment located in the Rights-of-Way. If
the City discovers that the emissions from a Facility exceeds the FCC standards, then the City may
order Franchisee to immediately tum off the Facility or portion thereof committing the violation,
until the emissions exposure is remedied. Such notification shall be made orally by calling 866-892-
5327 and by written notice pursuant to Section 26. 7. Franchisee is required to promptly tum off that
portion of the Facility that is in violation, no later than forty-eight ( 48) hours after receipt of oral
notice. Franchisee shall reimburse the City for any costs incurred by the City for inspecting the
Facility and providing notice as described in Section 21.
15 .10 Interference with Public Facilities. Franchisee's Facilities shall not physically
interfere or cause harmful interference, as defined in 47 CFR 15.3(m), with any City operations
(including, but not limited to, traffic lights, public safety radio ,systems, or other City
communications infrastructure), or the emergency communications operation or equipment. If the
Facilities cause such harmful interference, Franchisee shall respond to the City's request to address
the source of the interference as soon as practicable, but in no event later than forty-eight ( 48) hours
after receipt of notice. The City may require, by written notice, that Franchisee power down the
specific Facilities, or portion thereof, causing such interference if such interference is not remedied
within forty-eight ( 48) hours after notice. If, within thirty (30) days after receipt of such written
Ordinance No. 20-__ Page 29 of 51
Rev 2/19
notice from the City of such interference, Franchisee has not abated such interference, such Facility
may be deemed an Unauthorized Facility and subject to the provisions of Section 15. 7 or removal by
the City consistent with Section 11.2.
15.11 Interference with Other Facilities. Franchisee is solely responsible for determining
whether its Facilities interfere with telecommunications facilities of other utilities and franchisees
within the Rights-of-Way. Franchisee shall comply with the rules and regulations of the Federal
Communications Commission regarding radio frequency interference when siting its Facilities within
the Franchise Area. Franchisee, in the performance and exercise of its rights and obligations under
this Franchise shall not physically or technically interfere in any manner with the existence and
operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains,
poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other
telecommunications, utility, or municipal property, without the express written approval of the owner
or owners of the affected property or properties, except as expressly permitted by applicable law or
this Franchise.
Section 16. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's
access to a specific route, Right-of-Way or other location when, in the judgment of the Director there
is inadequate space (including, but not limited to, compliance with ADA clearance requirements and
maintaining a clear and safe passage through the Rights-of-Way), a pavement cutting moratorium,
unnecessary damage to public property, public expense, inconvenience, interference with City
utilities, or for any other reason determined by the Director.
Ordinance No. 20-Page 30 o/51
Rev 2/19
Section 17. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 18. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the
Franchise Area, if Franchisee has Facilities within such area planned for vacation and the City is
aware of Franchisee's Facilities in such area through the submission of as-builts required in Section
8.3. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with
respect to any such vacated area. At Franchisee's request, the City will, if practicable, reserve an
easement for Franchisee's existing facilities to continue to use the vacated area. Franchisee must
provide to the City information necessary for the City to reserve such easement within the thirty (30)
day period.
Section 19. Compliance with Laws
19.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the
term or condition of this Franchise will control.
Ordinance No. 20-__ Page 31 of 51
Rev 2/19
19.2 Future Citv of Federal Wav Regulation. Franchisee acknowledges that the City may
develop rules, regulations, ordinances, and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
19 .3 Franchise Fees. Franchisee hereby represents that its operations as authorized under
this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 35.99.010. As a result, the City will not impose a franchise fee under the terms of
this Franchise, other than as described herein. The City hereby reserves its right to impose a franchise
fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the
statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the
imposition of such fees are removed. In either instance, the City also reserves its right to require that
Franchisee obtain a separate franchise for its change in use, which franchise may include provisions
intended to regulate Franchisee's operations, as allowed under applicable law.
19.4 Taxes. Franchisee stipulates and agrees that certain of its business activities are
subject to taxation as a cellular telephone service and that Franchisee shall pay to the City the rate
applicable to such taxable services under Chapter 3 .10 FWRC, and consistent with state and federal
law. The parties agree that if there is a dispute regarding tax payments that the process in Chapter
3 .10 FWRC shall control. The parties agree that nothing in this Franchise shall limit the City's power
of taxation as may exist now or as later imposed by the City. This provision does not limit the City's
power to amend Chapter 3.10 FWRC as may be permitted by law.
Section 20. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of2 years against settlement or repair including Facilities and right-of-way restoration. This
Ordinance No. 20-Page 32 of 51
Rev 2/19
guarantee shall apply only to such settlement or repair that the City attributes to Franchisee's
Facilities, actions or omissions.
Section 21. Charge for Administrative Costs
21.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this Franchise
pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in
drafting and processing this Franchise. Such administrative fee shall be offset against the fee deposit
required pursuant to FWRC 4.22.040; provided, however, if the administrative fee exceeds the fee
deposit, then the Franchisee shall remit such additional amounts within thirty (30) days ofreceipt of
an invoice from the City. No construction permits shall be issued for the installation of Facilities
authorized until such time as the City has received payment of this fee. Franchisee shall further be
subject to all permit fees associated with activities undertaken through the authority granted in this
Franchise or under the laws of the City. Where the City incurs costs and expenses for review,
inspection, or supervision of activities, including but not limited to reasonable fees associated with
attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in
this Franchise or any ordinances relating to the subject for which a permit fee is not established,
Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of
Section 21.3.
21.2 Emergency Repair Costs. In addition to Section 21.1, Franchisee shall promptly
reimburse the City in accordance with the provisions of Section 21.3 and Section 21.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving Franchisee's
Facilities, to the extent said emergency is not the fault of the City.
Ordinance No. 20-Page 33 of 51
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21.3 Reimbursement of E ·penses . Franchisee shall reimburse the City within sixty ( 60)
days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in
planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of
the presence of Franchisee's Facilities in the Rights-of-Way. Such costs and expenses shall include
but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage
in any work in the Rights-of-Way as the result of the presence of Franchisee's Facilities in the
Rights-of-Way. Such costs and expenses shall also include Franchisee's proportionate share of any
time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's
Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities.
21.4 Calculation of Costs. The time of City employees shall be charged at the hourly rate
specified in the applicable Code, schedule, or other City adopted regulation. Any other costs will be
billed proportionately on an actual cost basis. All billings will be itemized so as to specifically
identify the costs and expenses for each project for which the City claims reimbursement. A charge
for the actual costs incurred in preparing the billing may also be included in said billing. At the City's
option, the billing may be on an annual basis, but the City shall provide the Franchisee with the
City's itemization of costs, in writing, at the conclusion of each project for information purposes.
Section 22. Indemnification
22.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and
hold harmless the City, its officers, elected and appointed officials, employees, agents, volunteers and
representatives from any and all claims, costs, judgments, awards, or liability to any person, for
injury or death of any person, or damage to property caused by or arising out of any acts or omissions
of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and
Ordinance No . 20-Page 34 o/51
Rev 2/19
any rights granted within this Franchise. The indemnification shall include, but is not limited to,
Franchisee indemnifying, defending and holding the City harmless from any and all claims, costs,
judgments, awards or liability to any person arising from radio frequency emissions or radiation
emitted from Franchisee's Facilities located in the Rights-of-Way, regardless of whether Franchisee's
equipment complies with applicable federal statutes and/or FCC regulations related thereto. These
indemnification obligations shall extend to claims that are not reduced to a suit and any claims that
may be compromised, with Franchisee's prior written consent, prior to the culmination of any
litigation or the institution of any litigation.
22.2 Inspection or acceptance by the City of any work performed by Franchisee at the
time of completion of construction shall not be grounds for avoidance by Franchisee of any of its
obligations under this Section 22.
22.3 The City shall promptly notify Franchisee of any claim or suit and request in writing
that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this
Section 22.3. City's failure to so notify and request indemnification shall not relieve Franchisee of
any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's
ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any
suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and
said refusal is subsequently determined by a court having jurisdiction ( or such other tribunal that the
parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert
witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this
indemnification provision. If separate representation to fully protect the interests of both parties is
necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to
Ordinance No. 20-Page 35 of51
Rev 2/19
represent the City, then upon the prior written approval and consent of Franchisee, which shall not be
unreasonably withheld, the City shall have the right to employ separate counsel in any action or
proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the
reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to
pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any
counterclaims or interpleader action, equitable relief, restraining order or injunction. The City 's fees
and expenses shall include all out-of-pocket expenses , such as consultants and expert witness fees,
and shall also include the reasonable value of any services rendered by the counsel retained by the
City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of
services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees
and agents to cooperate with the other party in the defense of any such claim and the relevant records
of each party shall be available to the other party with respect to any such defense .
22.4 Except to the extent that damage or injury arises from the sole negligence or willful
misconduct of the City, its officers, officials ( elected and appointed), employees or agents, the
obligations of Franchisee under the indemnification provisions of this Section 22, and any other
indemnification provision herein shall apply regardless of whether liability for damages arising out
of bodily injury to persons or damages to property were caused or contributed to by the concurrent
negligence of the City, its officers, officials ( elected and appointed), employees or agents and the
Franchisee. Notwithstanding the proceeding sentence, to the extent the provisions ofRCW 4.24.115
are applicable , the parties agree that the indemnity provisions hereunder shall be deemed amended to
conform to said statute and liability shall be allocated as provided therein. It is further specifically
and expressly understood that the indemnification provided constitutes Franchisee's waiver of
immunity under Title 51 RCW, solely for the purposes of this indemnification, relating solely to
Ordinance No. 20-Page 36 of 51
Rev 2/19
indemnity claims made by the City directly against the Franchisee for claims made against the City
by Franchisee's employees. This waiver has been mutually negotiated by the parties.
22.5 Notwithstanding any other provisions of this Section 22, Franchisee assumes the risk
of damage to its Facilities located in the Rights-of-Way and upon City-owned property from
activities conducted by the City, its officers, officials ( elected and appointed) agents, employees,
volunteers, elected and appointed officials, and contractors, except to the extent any such damage or
destruction is caused by or arises from any solely negligent, willful misconduct, or criminal actions
on the part of the City, its officers, officials ( elected and appointed) agents, employees, volunteers, or
elected or appointed officials, or contractors. In no event shall the City be liable for any indirect,
incidental, special, consequential, exemplary, or punitive damages, including by way of example and
not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in
connection with its performance or failure to perform under this Franchise. Franchisee releases and
waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected
or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited to, business interruption
damages, lost profits and consequential damages, brought by users of Franchisee's Facilities as the
result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by
or arising out of activities conducted by the City, its officers, officials ( elected and appointed) agents,
employees or contractors.
22.6 The provisions of this Section 22 shall survive the expiration, revocation, or
termination of this Franchise.
Ordinance No. 20-Page 37 o/51
Rev 2/19
Section 23. Insurance
23 .1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the
Public Ways, insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the acts or omissions of Franchisee. Franchisee shall require that every
subcontractor maintain substantially the same insurance coverage with substantially the same policy
limits as required of Franchisee. Franchisee shall procure insurance from insurers with a current
A.M. Best rating of not less than A. Franchisee shall provide a copy of a certificate of insurance and
additional insured endorsement to the City for its inspection at the time of acceptance of this
Franchise, and such insurance certificate shall evidence a policy of insurance that includes:
A. Automobile Liability insurance with limits of no less than $5,000,000
combined single limit per occurrence for bodily injury and property damage;
B. Commercial General Liability insurance, written on an occurrence basis with
limits of no less than $5,000,000 per occurrence for bodily injury and property damage and
$5,000,000 general aggregate including personal and advertising injury, blanket contractual;
premises;-operations; independent contractors; products and completed operations; and broad form
property damage; explosion, collapse and underground (XCU);
C. Pollution liability shall be in effect throughout the entire Franchise term, with
a limit of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in
the aggregate;
D. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington and Employer's Liability with a limit of $1,000,000 each
accident/disease/policy limit. Evidence of qualified self-insurance is acceptable; and
Ordinance No. 20-Page 38 o/51
Rev 2/19
E. Excess Umbrella liability policy with limits of $10,000,000 per occurrence
and in the aggregate. Franchisee may use any combination of primary and excess to meet required
total limits.
23.2 Payment of deductible or self-insured retention shall be the sole responsibility of
Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the
insurance policy limits required in this Section 23. Franchisee's umbrella liability insurance policy
shall provide "follow form" coverage over its primary liability insurance policies.
23.3 The required insurance policies, with the exception of Workers' Compensation and
Employer's Liability obtained by Franchisee shall include the City, its officers, officials (elected and
appointed), employees, agents, and volunteers ("Additional Insureds"), as an additional insured with
regard to activities performed under this Franchise by or on behalf of Franchisee, with coverage at
least as broad as Additional Insured Managers Lessors of Premises ISO form CG 20 11. The
coverage shall contain no special limitations on the scope of protection afforded to the Additional
Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply
separately to each insured against whom a claim is made, or suit is brought, except with respect to
the limits of the insurer's liability. Franchisee shall provide to the City upon acceptance a certificate
of insurance and blanket additional insured endorsement. Receipt by the City of any certificate
showing less coverage than required is not a waiver of Franchisee's obligations to fulfill the
requirements. Franchisee's required general and auto liability insurance shall be primary insurance
with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be in excess of Franchisee's required insurance and shall not contribute with it.
23 .4 Upon receipt of notice from its insurer( s) Franchisee shall provide the City with thirty
(30) days prior written notice of any cancellation of any insurance policy, required pursuant to this
Ordinance No. 20-Page 39 of 51
Rev 2/19
Section 23. Franchisee shall, prior to the effective date of such cancellation, obtain replacement
insurance policies meeting the requirements of this Error! Reference source not found .. Failure to
provide the insurance cancellation notice and to furnish to the City replacement insurance policies
meeting the requirements of this Section 23 shall be considered a material breach of this Franchise
and subject to the City's election ofremedies described in Section 14 above. Notwithstanding the
cure period described in Section 14 above, the City may pursue its remedies immediately upon a
failure to furnish replacement insurance.
23.5 Franchisee's maintenance of insurance as required by this Section 23 shall not be
construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or equity. Further, Franchisee's maintenance
of insurance policies required by this Franchise shall not be construed to excuse unfaithful
performance by Franchisee. If Franchisee maintains higher insurance limits than the minimums
shown above , the City shall be insured for the full available limits of Commercial General and
Excess Umbrella liability maintained by the Franchisee, irrespective of whether such limits
maintained by the Franchisee are greater than those required by this contract or whether any
certificate of insurance furnished to the City evidences limits ofliability lower than those maintained
by the Franchisee.
23 .6 The City may review all insurance limits once every three years during the Term and
upon prior written notice to and review by Franchisee, may make reasonable adjustments in the
limits upon thirty (30) days ' prior written notice to Franchisee . Franchisee shall then issue a
certificate of insurance to the City showing compliance with these adjustments.
23.7 As of the Effective Date of this Franchise, Franchisee is not self-insured. Should
Franchisee wish to become self-insured at the levels outlined in this Franchise at a later date.
Ordinance No. 20-Pag e 40 of 51
Rev 2/19
Franchisee or its affiliated parent entity shall comply with the following: (1) provide the City, upon
request, a copy of Franchisee's, or its parent company's, most recent audited financial statements, if
such financial statements are not otherwise publicly available; (2) Franchisee or its parent company
is responsible for all payments within the self-insurance program; and (3) Franchisee assumes all
defense and indemnity obligations as outlined in the indemnification section of this Franchise.
Section 24. Bond
24.1 Construction Performance Bond. Franchisee shall furnish a performance bond
("Performance Bond") written by a corporate surety reasonably acceptable to the City equal to at
least 120% of the estimated cost of constructing Franchisee's Facilities within the Rights-of-Way of
the City prior to commencement of any such work or such other amount as deemed appropriate by
the Director. The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical codes, and
standards; (3) proper location of the Facilities as specified by the City; ( 4) restoration of the Rights-
of-Way and other City properties affected by the construction; (5) submission of as-built drawings
after completion of construction; and ( 6) timely payment and satisfaction of all claims, demands, or
liens for labor, materials, or services provided in connection with the work which could be asserted
against the City or City property. Said bond must remain in full force until the completion of
construction, including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as-built drawings, and the posting of a Maintenance Bond as described in
Section 24.2. Compliance with the Performance Bond requirement of the City's current Design and
Construction Standards shall satisfy the provisions of this Section 24.1.
24.2 Maintenance Bond. Franchisee shall furnish a two (2) year maintenance bond
("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of
Ordinance No. 20-Page 41 of 51
Rev 2/19
construction work on Facilities within the Rights-of-Way. The Maintenance Bond amount will be
equal to ten percent (10%) of the documented final cost of the construction work, but in no event
shall a bond of more than $250,000 be required. The Maintenance Bond in this Section 24.2 must be
in place prior to City's release of the bond required by Section 24.1. Compliance with the
Maintenance Bond requirement of the City's current Design and Construction Standards shall satisfy
the provisions of this Section 24.2.
24.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty
Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this
Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to
substantially comply with any one or more of the provisions of this Franchise following notice and a
reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee
and the bond any actual damages suffered by City as a result thereof, including but not limited to
staff time, material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees
that its failure to comply with the terms of this Section 24 shall constitute a material breach of this
Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit
the City's recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 25. Abandonment
25.1 Where any Facilities or portions of Facilities are no longer needed, and their use is to
be discontinued, the Franchisee shall report within thirty (30) days such Facilities in writing
("Deactivated Facilities") to the Director. This notification is in addition to the inventory revisions
addressed in 15.6. Deactivated Facilities, or portions thereof, shall be completely removed within
ninety (90) days and the site, pole or infrastructure restored to its pre-existing condition. This
Ordinance No. 20-Page 42 o/51
Rev 2/19
requirement shall include the removal of any underground Facilities within the Rights-of-Way unless
otherwise agreed to by the City. Franchisee must apply and receive a permit, pursuant to Section 7.1,
prior to any such removal of Facilities from the Rights-of-Ways.
25.2 In the event that the use of any part of the Facilities are discontinued for any reason
for a continuous period of six ( 6) months or more, or in the event such Facility has been installed in
any Right-of-Way or other public place without complying with the requirements of this Franchise or
other City ordinances, the provisions of Section 15. 7 shall govern.
25.3 Any property of Franchisee remaining in place thirty (30) days after such notice,
termination or expiration of this Franchise shall be considered permanently abandoned. The City may
extend such time not to exceed an additional thirty (30) days. Any costs incurred by the City in
safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing
contained within this Section 25 shall prevent the City from compelling Franchisee to remove any
such Facilities through judicial action when the City has not permitted Franchisee to abandon said
Facilities in place.
25.4 Any property of Franchisee permitted by the City to be abandoned in place shall be
abandoned in such manner as the City shall prescribe. Upon permanent abandonment of the property
of Franchisee in place, the property shall become that of the City, and Franchisee shall submit to the
City Clerk an instrument in writing, to be approved by the City Attorney, transferring to the City the
ownership of such property.
25.5 The provisions of this Section 25 shall survive the expiration, revocation, or
termination of this Franchise.
Section 26. General Provisions
26.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
Ordinance No. 20-__ Page 43 o/51
Rev 2/19
respect to any matter covered or mentioned in this Franchise and no pnor agreements or
understandings pertaining to any such matters shall be effective for any purpose.
26.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
26.3 Assignment.
A. This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or
otherwise, unless approved in writing by the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this
Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of
control as described in Section 26.3B below, or for collateral security purposes. Franchisee shall
provide prompt, written notice to the City of any such assignment. In the case of transfer or
assignment as security by mortgage or other security instrument in whole or in part to secure
indebtedness, such consent shall not be ~equired unless and until the secured party elects to realize
upon the collateral. For purposes of this Section, no assignment or transfer of this Franchise shall be
deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender
offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions
of this Franchise.
B. Any transactions that singularly or collectively result in a change of more than
fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or
working control of the Facilities, ownership or working control of affiliated entities having
ownership or working control of Franchisee or of the Facilities, or of control of the capacity or
Ordinance No. 20-Page 44 o/51
Rev 2/19
bandwidth of Franchisee's Facilities, shall be considered an assignment or transfer requiring City
approval. Transactions between affiliated entities are not exempt from City approval if there is a
change in control as described in the preceding sentence. Franchisee shall promptly notify the City
prior to any proposed change in, or transfer of, or acquisition by any other party of control of
Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of
the proposed transfer. The City shall approve or deny such request for an assignment or transfer
requiring City's consent within one-hundred twenty (120) days of a completed application from
Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the
action taken by the City is due to the schedule of the City Council and action cannot reasonably be
obtained within the one hundred twenty (120) day period. In the event that the City adopts a
resolution denying its consent and such change, transfer, or acquisition of control has been affected,
the City may revoke this Franchise, following the revocation procedure described in Section 14.3
above. The assignee or transferee must have the legal, technical, financial, and other requisite
qualifications to own, hold, and operate Franchisee's Services. Franchisee shall reimburse the City
for all direct and indirect costs and expenses reasonably incurred by the City in considering a request
to transfer or assign this Franchise, in accordance with the provisions of Section 21.3 and Section
21.4, and shall pay the applicable application fee.
C. Franchisee may, without prior consent from the City: (1) lease the Facilities,
or any portion, to another person; (2) grant an indefeasible right of user interest in the Facilities, or
any portion, to another person; or (3) offer to provide capacity or bandwidth in its Facilities to
another person, provided further, that Franchisee shall at all times retain ownership over its Facilities
and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall
furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee
Ordinance No. 20-Page 45 of 51
Rev 2/19
may redact the name, street address (except for City and zip code), Social Security Numbers,
Employer Identification Numbers or similar identifying information, and other information
considered confidential under applicable laws provided in such lease or agreement, and the lessee
complies, to the extent applicable, with the requirements of this Franchise and applicable City codes.
Franchisee's obligation to remain fully responsible for compliance with the terms under this Section
26.2 shall survive the expiration of this Franchise but only if and to the extent and for so long as
Franchisee is still the owner or has exclusive control over the Facilities used by a third party.
26.4 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
26.5 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington. Venue for any dispute related to
this Franchise shall be the United States District Court for the Western District of Washington, or
King County Superior Court.
26.6 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
26. 7 Designated Contact. Franchisee shall designate a Franchise manager as a single point
of contact for Franchise related questions, including but not limited to questions related to Franchise
compliance, scheduling and construction. Such information shall be provided at the time of
Ordinance No. 20-__ Page 46 o/51
Rev 2/19
acceptance of this Franchise. Franchisee shall be responsible for updating the Franchise manager
and his/her contact information if such information changes.
26.8 otices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
CITY OF FEDERAL WAY
Attn: Public Works Director
33325 8th Avenue South
Federal Way, WA 98003
with a copy to:
CITY OF FEDERAL WAY
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
EXTENET SYSTEMS LLC
Attn: Franchise Manager
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
Invoices:
ExteNet Systems, Inc
Attn: CFO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
Any notices shall be delivered personally to the addressee of the notice or sent by United
States certified mail, postage prepaid, to the address set forth herein. Any notice so sent shall be
deemed received three (3) business days after the date of mailing.
26.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
26.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
26.11 Hazardous Substances. Franchisee shall not introduce or use any hazardous
substances ( chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
Ordinance No. 20-__ Page 47 of 51
Rev 2/19
allow any of its agents, contractors or any person under its control to do the same. Franchisee will be
solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of
the property associated with Franchisee's use, storage, or disposal of hazardous substances, whether
or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's control, intentional or not.
26.12 FAA. Franchisee acknowledges that it, and not the City, shall be responsible for the
premises and equipment's compliance with all marking and lighting requirements of the FAA and the
FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused
by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by
either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance
and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to the
Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense.
Section 27. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Franchise.
Section 28. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Ordinance No. 20-Page 48 o/51
Rev 2/19
Section 29. Effective Date
This Franchise shall take effect and be in full force thirty (30) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this ____ day of
20 -------~
[ signatures to follow]
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
Ordinance No. 20-__ Page 49 o/51
Rev 2/19
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 20-__ Page 50 o/51
Rev 2/19
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise
and acknowledges that such rights and privileges are subject to and limited by all of the terms,
conditions and obligations contained therein.
DATED this __ day of _________ . 20
EXTENET SYSTEMS, LLC
By:-------------
Its: --------------
Ordinance No. 20-__ Page 51 o/51
Rev 2/19