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Council PKT 05-16-2000 Special/Regular City of Federal Way City Council MeeUng AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk May 16, 2000 .I I I 1. TI. ill. ~ 1. TI. ill. a. b. c. d. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall May 16, 2000 (www.ci.jederal-way.wa.us) ***** SPECIAL MEETING - 6:00 p.m. CALL MEETING TO ORDER 2001-02 BUDGET PLANNING Staff Presentations/D~artment Instructions ADJOURNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation/Mental Health Month Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address Cily Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE ß) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. over please. . . . v. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion,' individual items may be removed by a Councilmember for separate discussion and subsequelll motion.) a. b. c. d. Minutes/May 2. 2000 Regular Meeting 2001 CDBG Pass-Through Acceptance Right-of-Way Use Agreement/Wireless Phone Antenna Resolution/ Authorizing Application of Funding/Dept of Natural Resources SeaTac Mall Drainage Phase II Proiect/l00% Design & Bid Approval Star Lake Rd Drainage Improvement Project/ 100% Design & Bid Approval Arts Commission ARpointment (replacement) 2000 Transportation Modeling Contract e. f. g. h. VI. CITY COUNCIL BUSINESS Selection of Voting Delegates for A WC Annual Business Meeting VTI. CITY COUNCIL REPORTS VTII. CITY MANAGER REPORT IX. ADJOURNMENT .. TIlE COUNCIL MAY ADD AND TAKE A CTION ON OTIlER ITEMS NOT LISTED ON TIlE AGENDA .. THERE ARE 1 COMPLETE AGENDA PACKETS A V AILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS ("I c MEETING DATE: May 16,2000 ITEM# ..JZ: ~) """"""""""""""""""""""""""""""'"....................................................................................................................................................................... .............. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES .........................................,........................................................................................_.................................................................... ...................................""""" CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................. ATTACHMENTS: Minutes for May 2, 2000 regular meeting .......................................................................................................................................................................""""""""""""""""""""""""""'".... .................. SUMMARY /BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. ..................................................................................................................................................................."""""""""""""""""""""""""""......... .................. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ....................................................................................................................................................................................................... ............................................. CITY MANAGER RECOMMENDATION: Motion to approve official minutes. ..........................,..................................................................................................................................................""""""""""""""""""""""'".. ...................... APPROVED FOR INCLUSION IN COUNC~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVER.CLERK-J/7/00 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 2, 2000 MINUTES DR~f1 I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:03 p.m. Council members present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan and Phil Watkins. Staff present: City Manager David Moseley, City Attorney Londi Lindell and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. ill. PRESENTATIONS a. SPIRIT A ward/Month of May City Manager David Moseley presented the SPIRIT Award to Parks Maintenance Worker Lew Lewis for going beyond service and responsibility in assisting court staff in the startup of the city's municipal court. In his absence, Parks/Recreation/Cultural Services Director Jenny Schroder accepted the award on Mr. Lewis' behalf. . b. Proclamation/Peace Officers Memorial Week/Day Deputy Mayor Kochmar presented the proclamation declaring May 15th as "Peace Officer Day" and May 14th - 20th as "Peace Officer Week" to Officer Bob Schubert, representing the Federal Way Department of Public Safety; Officer Schubert thanked the Council. c. ProclamationlNational Elder Law Month Deputy Mayor Kochmar presented the proclamation recognizing the month of Mayas "National Elder Law Month" to Attorney Preston Johnson, on behalf of the National Academy of Elder Law Attorneys. Mr. Johnson emphasized the importance of National Elder Law Month and thanked Councilmembers for their recognition of this event. . Federal Way City Council Regular Meeting Minutes May 2, 2000 - Page 2 d. City Manager/Introduction of New City Employees City Manager David Moseley reported there are no new employees at this time. e. City Manager/Emerging Issues City Manager David Moseley advised there are no emerging issues to report. IV. CITIZEN COMMENT Tim Pardon, was unable to attend the Council meeting, but requested his remarks be read into the record reflecting his support for the installation of speed bumps in the Lake Grove neighborhood. Ross Willingham. Karen Gervais. Dustin Cavert and Mike Hightower, representing the Habitat Condominiums, expressed their concerns of continued adverse activities surrounding the New Horizon Motel thus affecting their properties. Jeff Garthe and Ron Walker, local business owners, addressed the subject of the citations issued to them last weekend by the Federal Way Police Department; both received citations for operating without a current city business license. H. David Kaplan, praised SPIRIT Award winner Lew Lewis for his assistance and dedication on various Parks and Recreation projects, e.g., Celebration Park and the Skate Park. V. a. b. c. d. e. f. g. h. 1. J. k. 1. m. CONSENT AGENDA Minutes/ April 18. 2000 Regular Meeting -Approved Vouchers/May 2. 2000 -Approved Monthly Financial Report/Month of March 2000 -Approved S 320th St & Pacific Highway S (SR99) Widening & Intersection Improvement Project/l00% Design Ap.proval & Authorization to Bid -Approved 23rd Ave S (S 317th to S 324th SO Road Improvementsl85 % Design Status Report- Approved Lake Grove 3/Neighborhood Traffic Safety Project -Approved 2000 Planning Commission Work Program -Approved 2000 Commute Trip Reduction (CTR) Act Agreement with King County -Approved 1999 Pavement Marking & Channelization Project/Final Project Acceptance - Approved Purchase of Replacement Vehicles/Bid A ward -Approved SUlJ)lus of Steel Lake Maintenance Facility Office Trailers -Approved Year 2000 Asphalt Overlay Program/Bid A ward -Approved Lovegren Property/Zoning Status Report -Approved Federal Way City Council Regular Meeting Minutes May 2, 2000 - Page 3 COUNCß.MEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar VI. yes yes yes yes McColgan Park Watkins yes yes yes CITY COUNCIL BUSINESS a. Parks & Recreation Commission Appointments Councilmember Burbidge announced the full Council's selection of the following 3-year Commissioner appointments: C.T. Purdom, Dave Armstrong and Len Zickler; also the 2-year unexpired alternate appointment of John Morrison. COUNCILMEMBER BURBIDGE MOVED APPROVAL OF THE SLATED APPOINTMENTS TO THE .PARKS & RECREATION COMMISSION AS ANNOUNCED; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar ~.. yes yes yes yes McColgan Park Watkins yes yes yes b. New Horizons Motel Update Briefing Police Chief Ron Wood provided a verbal and detailed written report to Council regarding the ongoing issues surrounding the New Horizon Motel area. He addressed various concerns identified by Councilmembers, including the possibility of relocating telephone booths and bus stops currently located on Pacific Highway South; and discussed the possibility of increasing visibility in the area with the installation of additional street lighting. VII. CITY COUNCIL REPORTS Council member Gates announced the next meeting of the Finance/Economic Development! Regional Affairs Committee will be held as a joint meeting with the Lodging Tax Advisory Committee on May 10th, at 2:00 p.m., at city hall. She updated Council on various regional issues, including the Suburban Cities Board, Regional Transit Committee and the Sound Transit Link Light Rail. Federal Way City Council Regular Meeting Minutes May 2, 2000 - Page 4 Council member Burbidge reported on the Endangered Species Act and the Regional Law, Safety & Justice Committee meetings she attended last week. She announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee will be held May 8'\ at 12:00 noon. Council member Hellickson and McColgan had no reports. Councilmember Watkins announced the next meeting of the Land Use/Transportation Committee will be held May 1511\ at 5:30 p.m. He also updated Council on legislative issues, including the transportation budget recently approved by Governor Locke. Deputy Mayor Kochmar updated Council on her attendance at recent special events. Mayor Park reported the Lakehaven Liaison Committee will meet on May 15th.. There will be an eight to nine member delegation from Japan visiting city hall on May 9th. He announced the Month of May is being celebrated as Asian Pacific Islander Month. He also reminded Councilmembers of A WC's upcoming annual business meeting to be held June 21s' - 23rd in Spokane. VTII. CITY MANAGER REPORT City Manager David Moseley reported he will be organizing a dozen community meetings beginning Thursday, May 4th, to further discuss the upcoming budget process. He updated Council on the budget surveys previously mailed to citizens--he has received numerous positive responses. Mr. Moseley also announced there will be a second public meeting to discuss the Public Facility Feasibility/Tourism Study this Thursday from 6:30-8:30 p.m., at city hall; he noted the first meeting on the study was well attended.. He updated Council on legislative issues, including local government funding support, in order to supplement the budget shortfalls resulting from the passage of 1-695; he announced the City of Federal Way will be receiving 37 % of its proposed deficit. He further reminded Council of the need for an executive session for purposes of discussing pending litigation pursuant to RCW 42.30.11O(1)(i), and property acquisition pursuant to RCW 42.30. 1 1O(1)(c);' it is anticipated the session will last approximately forty-five minutes. IX. EXECUTIVE SESSION a. b. Property AcquisitionlPursuant to RCW 42.30.110(1 )(c) Potential Litigation/Pursuant to RCW 42.30.ll0(1)(i) At 8:37 p.m. Mayor Park announced Council will be recessing to an executive session for approximately forty-five minutes, with action expected. Federal Way City Council Regular Meeting Minutes May 2, 2000 - Page 5 At 9:10 p.m., a thirty-minute extension of the executive session was announced; at 9:40 p.m., an additional twenty-minute extension was announced; Council returned to chambers at 9:55 p.m. COUNCILMEMBER WATKINS MOVED TO DIRECT AND AUTHORIZE THE CITY MANAGER TO ENTER INTO ANY NECESSARY PURCHASE DOCUMENTS FOR THE ACQUISITION OF REAL PROPERTIES OR EASEMENT INTERESTS IN REAL PROPERTIES LISTED BELOW, REQUIRED BY THE CITY IN CONNECTION WITH THE BPA TRAIL CORRIDOR PROJECT FOR FAIR MARKET VALUE, OR DONATION, AND DIRECT THE CITY ATIORNEY TO CLOSE THE TRANSACTIONS: Tracts A and B Tracts D and E Parcel No. 502860-0000 Parcel No. 129104-9029 Parcel No. 415920-0004 Parcel No. 132170-0000 Meadow Park Homeowners Association Parklane Estates Homeowners Association Madrona Meadows Homeowners Association PEI- YI Corporation Fed~ral Way School Dist. No. 210 Campus Highlands Homeowners Association COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes Councilmember Watkins explained these property acquisitions are for the completion of Phase III of the BP A Trail project. x. ADJOURNMENT The being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 9:56 p.m. N. Christine Green, CMC City Clerk MEETING DATE: May 16,2000 ITEM# Í ?f-) ..................- ... --....-- ........ ......--.... .-................. ...........................-.........-......-..-............................-...... -.................""'" .............,. ....... ............................... ........ ............... .....................-............. ...-........................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 CDBG Pass-Through Acceptance ---.............................................-...........-..-...........-...-...-................-......-...........-................................................-.............-.-.............. ..........................................-................................................................ CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...... ....... .................. ....... ....... ..................... ................ -......."""""""""""""""""""" ............................. ..... ........ ...................... ..........-.. ........... .............. ................................ ......"............... ............................................................ ....... ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated May 1,2000. This includes a Pass-through Acceptance form with proposed entries. ............................ ....... ........ ...... ................... ..... ..................................................... ................................... .........-................ ................. ..................... ................ ....................... ........................................... ...... ....... ..... ..... ...... ......... ................. SUMMARYIBACKGROUND: As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually elect to receive a pass-through of CDBG funds. The pass-through amount is based upon an estimate of total CDBG funds available to Consortium for the next program year. The total estimate is based upon the proposed federal budget for the year 2001. The Pass-through Acceptance Form indicates the estimated amount of the pass-through. That amount is broken down into the three basic categories of CDBG expenditures including Planning and Administration, Public (Human) Services, and Capital Projects (eligible economic development projects are funded from the Capital Projects amount). Additionally, the form allows the City to indicate the amount of capital pass-through funds allocated to the Federal Way Home Repair Program. ................. .................. ................ .................... .......................... ............................. ............... ................... .............. .......... .................... ............. ............... .....,...... ........ ...... .......... .......... ......... .......... ......................... ............................... ........... CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on May 8, 2000, the committee unanimously voted to forward the following recommendation to the City Council- Accept a pass-through of CDBG funds from King County for the year 2001, earmarking $120,000 of capital funds for the Federal Way Home Repair Program. ....................... ........... ................. ....... ............................................... ....... ............. ......................" .................... ......... .-.......... """ .................................... .".......... .........................-. ..................... ................-.... -... ..................... .............. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee recommendation accepting a pass-throughofCDBG funds from King County for the year 2001, earmarking $120,000 of capital funds for the Federal Way Home Repair Program. ...~;;.;~~~ ~..;~.;.;~.~~..~;~~~ ..~~..~~~~~ ~.~..;~~.~.;..; .~..... ......................... ...................... ........................................... .......... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NOACTION COUNCIL BILL # ORDINANCE # RESOLUTION # document2 Item 5C CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: May 1, 2000 Camron Parker, CDBG coordinatorC\ David MoSe~anager . 2001 CDBG Pass-Through Acceptance Via: Subject: Background As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually elect to receive a pass-through of CDBG funds. The form (Attachment 1) indicates the City's desire to receive a CDBG pass-through for the year 2001. The form must be reviewed by the City Council, signed by the Mayor, and submitted to the County prior to May 31,2000. The County Consortium estimates the amount of CDBG funds that will be available to Consortium members for the next program year. This estimate is based upon the President's proposed 2001 budget. As budget deliberations continue at the federal level, the estimate may be adjusted. The final 2001 CDBG allocation for the Consortium will be set by the U.S. Department of Housing and Urban Development in mid-December 2000. CDBG in 2001 The City of Federal Way's share of the Consortium's estimated 2001 grant is $507,291. The estimate is broken down as follows: Planning and Administration Public (Human) Services Capital Projects Housing Repair Program $120,000* Economic Development Set-aside $76,094** Discretionary Capital Projects $156,669 $74,187 $80,341 $352,763 Total: $507,291 * Additional information on Housing Repair provided in Attachment 2 ** Represents 15% of $507,291 Additional funds available to the City may be added in July 2000. These are recaptured or unspent funds from prior year CDBG projects and funds from CDBG projects that generate program income (repaid home repair loans and other county-wide loan programs funded with CDBG). prhsO5-1 Please contact me at (253) 661-4153 if you have any questions regarding these estimates or the pass-through acceptance process. Staff Recommendation Staff recommends accepting a pass-through of CDBG funds from King County for the year 2001 and earmarking $120,000 of capital funds for the Federal Way Home Repair Program. Commission Recommendation At their April 17, 2000 meeting, the Human Services Commission voted unanimously to recommend to the Council the staff recommendation. Co . ee Recommendation Options Option 1 - ~ccept staff and Commission recommendation to accept a pass-through of unds from King County for the year 2001 - earmarking $120,000 of capital funds for the Federal Way Home Repair Program. Option 2 - Accept a pass-through of CDBG funds from King County for the year 2001, earmarking an amount for the Federal Way Home Repair Program as recommended by the Committee. prhsO5-1 Attachment 1 THE CITY OF Federal Wav QUALIFIES FOR AN ESTIMATED $507.291 IN 2001 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1,2001. Please check one: Our City does not elect to receive and administer the above estimated pass-through. We choose instead to apply for CDBG funding on a project by project basis through the County and Small Cities process. -/ Our City elects to receive and administer the above estimated pass-through with the conditions outlined in the 2000-2002 Community Development Block Grant Interloeal Cooperation Agreement. Among other responsibilities, we recognize that in accepting a pass-through we are accepting the responsibility of identifying priority needs and allocating the pass-through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. Cities which accept the pass-through should check the following if applicable: -/ Our City would like to allocate a portion of our funds for public (human) service activities. -/ Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We would like to request additional funds for the following: -/ Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our residents may participate. We understand that 15% of the total amount allocated will be used for program delivery costs. The following lists our distribution of CDBG funds for 2001: (List amounts below). Public Planning & Additional Housing Capital Total Funds Services Admin P&A Repair Projects Available ReQuested $80,341 $74,187 $-- $120,000 $232,763 $507,291 Signature of Mayor or Authorized Person Date Attachment 2 Federal Way Home Repair Program Background Through its membership in the King County Community Development Block Grant (CDBG) Consortium, the City has the opportunity to access the Consortium-wide housing repair programs. The City has offered a home repair program since 1991, and has taken part in the King County Consortium program since 1995. Each year as part of the pass-through acceptance process, the City earmarks a portion of its CDBG allocation for home repairs. As the Home Repair Program is a program of the Consortium, they do not apply for Consortium funds. Access to the program is considered a benefit of Consortium membership. By participating, Federal Way residents are able to obtain: (1 ) Emergency Grants and Deferred Payment Housing Repair Loans This program provides both emergency grants of up to $1,500 ($2,700 for mobile homes) and deferred payment, zero-interest loans of up to $13,500 to low- and moderate-income homeowners. Priority is given to low-income homeowners, and to critical repair neeqs necessarv to protect health and safety. (2) Affordable Monthly Payment Loans (AMPL) This program combines funds from private lenders with no-interest CDBG funds in order to provide housing repair loans at low interest rates (3% to 6%) which are affordable to moderate-income homeowners. The maximum loan is $27,000; the minimum is $3,500. Most home repairs are eligible. 2001 Recommendation To determine the annual amount to earmark for the program, staff has reviewed prior year loan and grant activity. For the years 1996 through 1999, the program had an average expenditure level of $157,550. Comparing this average to the amount of CDBG funds currently available to the program in 2000, staff estimates an uncommitted balance of $47,300 at year end 2000. Therefore, staff recommend earmarking $120,000 of 2001 CDBG funds. This, together with the potential unexpended balance will make $167,300 available for the program in 2001. This amount is higher than the average annual expenditure level for two reasons. First, it allows from flexibility if uncommitted funds at the end of 2000 are less than expected. Second, the federal government is enacting new rules and procedures with regard to the abatement of lead- based paint. Many home repair projects will now have to add costs of eradicating lead- based paint in older homes. Home Repair in other Cities In response to Human Services Commission questions about home repair programs, staff have collected information on programs offered by neighboring cities. This information is provided in the following chart. fwhrpO1 South King County Home Repair Programs, 1999 Program Type Program Administrator Total Funding Admin Costs % Admin HH's served 1999 Population Per Capita Investment Federal Way ~or 'King County Home Repair' $140,000 I 21,000' 15% I 20-25 I 76,910 I $1.82 I King County Housing Authority $150,000 38,980 $3.85 Kent City of Kent $258,155 73,060 $3.53 King County Home Repair City of Renton $35,000 $170,000 47,620 $4.30 Major Home Repair programs are repairs valued at over $1,000 and are offered in the form of a recoverable grant Minor Home Repair programs are repairs valued at less that $1,000 and are offered in the form of a non-recoverable grant Hum:=-" Services Division April 11, 2000 MEETING DATE: May 16,2000 ITEM# .dL-. ~~ \ ....................................................................................................................................................................................................... ....m.......................................""""""" CITY OF FEDERAL WAY City Council AGENDA ITEM . ..~ !!.~~~!.:..~~~P.~~.~~.. ~~~~.~ ~.~~..~. ~~~.~.::::. ~~}.~.~~.~..( ~~. ~~.. ~~~.: ..~.~............................ ..................... .......... ............ .......... ........ """"" CATEGORY: BUDGET IMPACT: X-CONSENT ORDINANCE _BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ........................................,................... ATTACHMENTS: April 29, 2000 Memorandum from Deputy City Attorney Bob C. Sterbank via David H. Moseley to Finance, Economic Development and Regional Affairs Committee, site plan' . ...~.~.~ ~.~~.~~.! ...~.~~ ~ ~.~ ~~ .~:~~~~ ~r. .Y..~~.. ~~~~~~. ~ ~.!.:....... ............ ........ .......... ...... .............................."" ........ ........... ................. ...... ...... ............ SUMMARYIBACKGROUND: Verizon Wireless (formerly Airtouch Cellular) seeks a right-of-way use agreement to locate three wireless whip antennae on top of a replacement Puget Sound Energy pole located in City-owned right-of-way on SW 320th Street, just west of the intersection of SW 320th Street and 2Pt Avenue SW. The basic provisions of the right-of-way use agreement are summarized in the attached April 19, 2000 memorandum from Bob Sterbank to the Finance, Economic Development and Regional Affairs Committee. The location and size of the equipment and antennae are depicted in the attached site plan drawings. At its April 19 meeting, the FEDRAC recommended that the proposed right-of-way use ....~.~.~~.~~~.~~.~.r...!~~.~E~.~~..~~.!~.~..!~.~.~..~.~.~~.~~.~..~~.!.~..~..~~.~~.P..~.~~~~..~~~.~~~~.~~~!~~.~~.................................,......................... CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize City Manager to execute ....~ .~.~ ~ ~ ~~..~ .~!t..!.~.~.~ ~~~r. ..!!.~~. ~ .~~ ~.~ ~~.~!:................................ .................. ......... ........ ..... .... ................. ........... .... .......... ............. .......................... CITY MANAGER RECOMMENDATION: Motion to approve attached Right-of-Way Use ....~.~~~~.~~~!~....................................................................................................................................................................................... ...................................."...... ~~~:~D FOR INCLUSION IN COUNCIL ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Subject: April 19,2000 Finance, Economic Development and Regional Affairs Committee Bob C. Sterb*u!Y City Attorney David H. MoSe~~anager Proposed Right of Way Use Agreement with Verizon Wireless (aka Airtouch) - SW 32{fh Street ROw, near 21st Avenue SW Date: To: From: Via: Back!!round: Verizon Wireless, whose name until very recently was Airtouch Cellular, has requested a right- of-way use agreement to locate three wireless whip antennae on top of an existing Puget Sound Energy pole in City-owned right-of-way on SW 320th Street, just west of the intersection ofSW 320th Street and 2¡st Avenue SW. . The basic provisions of the proposed right-of-way use agreement, which track those of a similar agreement entered into last year with US West, are as follows: 1. Equipment The lease would permit Verizon to install three 6- foot whip antennae on the top of an existing Puget Sound Energy pole. The equipment box to power the antennae would be located on adjacent, privately-owned property, fronting 2¡st Avenue SW. Drawings depicting the location and type of the equipment will be provided at the Committee meeting. 2. Consideration Verizon will pay the City's administrative costs and expenses in preparing and approving the right-of-way use agreement. Verizon will repair any damages it causes to the ROW, at Verizon's cost. 3. Insurance Verizon will maintain insurance of $2 Million per occurrence and $5 Million in the annual aggregate for both commercial general liability and automobile insurance. 4. Term The term of the proposed right-of-way use agreement is five (5) years, with the opportunity for three (3) successive 5-year renewal terms, consistent with the US West right-of- way use agreement, and consistent with City leases for similar facilities at Sacajawea and Lakota Parks. The City may refuse to renew if there is an uncured breach of the agreement, or for any other reason in the City's reasonable discretion. The City may also terminate the agreement upon thirty (30) days notice to Verizon, for reasons involving public health, safety or welfare (including but not limited to the need to widen or improve the street). The City may also tenninate the agreement immediately, in the event of an emergency. Committee Recommendation: Staff requests that the committee forward the proposed right-of-way use agreement to the full City Council, for placement on the May 16, 2000 City Council agenda, with a "do pass" recommendation. K: \te lecom \ verizonmem.doc C-;2- r A I R T 0 U C H TM Ce 11 ular SEASW320TH FEDERAL WA Y, ABBREVIA TIONS AND SYMBOLS "" ... ~ ,.. ... :"'" "'" '" '" ""'- :'f. "" IA CU, " ,.... "".. '" H. "" ..., ... t, '" .- "'.01. ;::"'" ~ """ """""" .....'... ,,-.. -" ...... ... '"'" .."""" .." ~ .... --",,'" ~, """"""""""'"' au< """'" ""'...... ........ co,- LoO< cu".,.. """ ,......., ,..... D"" ...... ~... '"'" ......", ..........."".,. ,,""""""...,.. 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L-1 Draft Dated April 19, 2000{PRIV A TE } RIGHT-OF-W AYUSE AGREEMENT THIS AGREEMENT is entered into this - day of , 2000, by and between the City of Federal Way, Washington, a Municipal Corporation (hereinafter "City") and Seattle SMSA Limited Partnership, c/o Verizon Wireless, a Limited Partnership (hereinafter "Partnership"). The City holds rights-of-way within City in trust for the benefit of the public. Such rights- of-way include a parcel of land located in the vicinity of Southwest 320th Street and 21'1 Avenue Southwest, legally described on the attached Exhibit A (the "Premises"). Partnership desires to use space on and air-space above the Premises as described below for the installation and operation of certain equipment which include requisite antennas, connecting cables, and one (I) equipment cabinet to be used by Partnership and appurtenances (collectively, "Equipment") for use in connection with its wireless communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: I. Premises. City grants use to Partnership, on a non-exclusive basis and subject to the conditions and limitations herein, the Premises as legally described in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B. Partnership may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Partnership may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may not be unreasonably withheld. 2. Term. This Agreement shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Agreement may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of an uncured breach of the Agreement during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Partnership at least sixty (60) days prior to expiration of the then current five (5) year term. 3. City's Costs. Concurrent with the signing of this Agreement, Partnership shall reimburse City of all of City's costs and expenses in connection therewith including attorneys and consultant fees and the time expended by the City staff and City Attorney's Office, which amount shall not exceed $5,000.00. 4. Permitted Use of Premises. a. Partnership may use the Premises solely for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Page 1 C-3 b. Partnership shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment and/or the Premises. Partnership shall obtain all required governmental approvals, authorizations, licenses and permits at Partnership's expense. City agrees to reasonably cooperate with Partnership in obtaining licenses or permits, at Partnership's expense, including reimbursement of City's reasonable attorney, administrative and other related fees if associated with such cooperation but not including City costs of reviewing and processing any licenses or permits other than such typical fees as are authorized by ordinances, resolutions or a schedule established by the City. c. Partnership shall remove the Equipment from the Premises upon termination of the Agreement. Upon removal of the Equipment, Partnership shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Partnership shall be borne by Partnership. If however, Partnership requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Partnership shall be relieved of its duty to otherwise remove same. d. The City reserves the right to regulate, use, occupy and enjoy its right-of-way property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the City's demand and at the Partnership's sole cost and expense, the Partnership shall remove, repair, relocate, change or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. 5. Restoration In the event that Partnership causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the right-of-way caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Partnership shall repair the damage and restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the right-of-way shall be to a condition which is equivalent to or better than the condition of the right-of-way prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3") of asphalt, class "B", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 6. Improvements. Partnership may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color Page 2 C /-L( or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Partnership may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Partnership shall submit to City a written request for any such change or addition and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request. No lights or signs may be installed on the premises or as part of the Equipment. 7. Premises Access. Partnership shall have reasonable access to the Premises 24- hours-a-day,7-days-a-week. City retains and reserves the right to access the Premises at all times. 8. Utilities. Partnership shall have the right to install needed utilities and shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 9. Maintenance. Partnership shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, and in good repair. Additionally, Partnership shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Partnership shall have sole responsibility for the maintenance, repair, and security of its Equipment and improvements, and shall keep the same in good repair and condition during the Agreement term. Upon termination of this Agreement, Partnership shall return the Premises to the same condition as prior to this Agreement, normal wear and tear excepted. 10. Compliance with Laws. Partnership's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Partnership shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations issued by the Federal Communications Commission, the City, federal or state government or any other governing bodies; provided, however, that Partnership shall not be required to comply with new laws where its rights have previously vested by operation of law. Partnership acknowledges that all aspects of this Agreement are consistent with the Telecommunications Act of 1996, existing Washington State statutes and Engrossed Substitute Senate Bill 6676 (as such Bill was passed by the Senate and House of Representatives of the State of Washington) and the City Code, and to the best of its knowledge, this Agreement is consistent with all other applicable federal, state and local laws. In addition, Partnership specifically acknowledges that the Premises are located in right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to permit, franchise or regulate usage of rights-of-way pursuant to its lawful authority. II. Agreement Subject to Future Ordinances. Partnership acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Partnership's Equipment and activities hereunder as if they were . in effect at the time this Agreement was executed by the City, and Partnership covenants and agrees to be bound by same; provided, however, that Partnership shall not be bound by new laws where its rights have previously vested by operation of law. Page 3 C,-3 12. Interference. Partnership shall not use the Premises in any way which interferes with the use of the Premises by City, lessees, licensees or other entities authorized by the City with rights to the Premises prior in time to Partnership's. City shall have the right to grant rights for co- location of other telecommunications facilities on the Premises. 13. Termination a. Except as otherwise provided herein, this Agreement may be terminated, without penalty to City or further liability of City, as follows: (I) Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Agreement, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; (2) Upon ninety (90) days written notice by Partnership that the. Premises are or become unusable under Partnership's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs, or for any other reason as determined by Partnership in its reasonable discretion; (3) Upon thirty (30) days written notice by City if Partnership abandons, vacates or ceases using the Premises or Equipment, unless Partnership notifies City in writing within the thirty (30) -day notice period that Partnership does not intend to abandon the Premises or its Equipment, and Partnership notifies City of its intent to reinstall and/or resume operation of its Equipment, or if Partnership.is adjudicated as bankrupt or makes any assignment for the benefit of its creditors; or if Partnership becomes insolvent; (4) Upon thirty (30) days written notice by City, for reasons involving public health, safety, or welfare. In addition, if the public's health, safety or welfare is endangered by the operations of Partnership's Equipment and Partnership fails to discontinue its operations as soon as is reasonably possible after receipt of notice thereof, and thereafter Partnership is unable to cure the conditions causing the endangerment within thirty (30) days after receipt of such notice, City may immediately terminate this Agreement. (5) Immediately, upon written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. (6) Upon thirty (30) days written notice by City if Partnership fails to comply with all applicable federal, state or local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and policies, and all requirements of the FCC and the Federal Aviation Administration (FAA). b. In the event of any termination under Section(s) 13(a)(I), (3), (4) or (6) and provided such termination is not due to a default or breach by City, Partnership shall pay City all monies due, including attorneys' and collection fees and any other damages incurred by City as a result of such termination. In addition Partnership shall, at its sole expense, return the Premises to Page 4 C-ú the same condition as prior to this Agreement (normal wear and tear excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Agreement, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Partnership by City. Notwithstandingany reletting without termination, City may at any time thereafter elect to terminate this Agreement for such previous breach. 14. Indemnity and Insurance. a. Disclaimer of Liability. Except for the sole negligence or willful misconduct of the City, its employees or agents, the City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Partnership's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Partnership's Equipment and Partnership expressly assumes all such risk. b. Indemnification and Hold Harmless: Partnership shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys and contractors from and against any and all liability, damages and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Partnership, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Partnership's Equipment except for the sole negligence or willful misconduct of the City and its officers, boards, commissions, employees, agents, attorneys and contractors. c. Insurance: During the term of this Agreement, Partnership shall maintain in full force and effect and at its sole cost and expense, and listing the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of Insurance: i. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. . 111. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Agreement shall be filed and maintained with City prior to commencement of the term of this Agreement and thereafter. Page 5 C--1 e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Agreement shall contain the following or substantially similar endorsement: "At least sixty (60) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A (IV) or better, unless waived by the City. h. Defense of City: When under the terms of this Agreement Partnership is required to defend the City against any action or proceeding brought against the City, Partnership shall, at Partnership's sole cost and expense, resist and defend the same provided, however, that Partnership shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Partnership and participating in the defense of any litigation with City's own counsel. Partnership shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorneys' fees and shall also include the reasonable value of any services rendered by the City Attorney's office, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 15. Acceptance of Premises. Partnership accepts the Premises in the condition existing as of the date of this Agreement. City makes no representation with respect to the condition of the Premises and City shall not be liable for any defect in the Premises. 16. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to City, to: City Attorney 33530 1st Way South Federal Way, WA 98003 If to Partnership, to: 17. Assignment Partnership may not assign this Agreement nor transfer occupancy of the Premises or operation and ownership of the Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or transferee and reasonably request any Page 6 C-~ information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or transferee and upon the resolution of any compliance obligation under the Agreement. If the City has not responded to a written request to assign or transfer with a decision within forty five (45) days, City approval shall be deemed given. Partnership may, however, upon notice to City and without City approval, mortgage or grant a security interest in the Equipment. 18. Successors and Assigns. Subject to Section 17, this Agreement shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 19. N on- Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. The receipt of any sum paid by Partnership to City after a breach of this Agreement shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 20. Taxes. Partnership shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Agreement attributable to the Equipment or Partnership's use of the Premises. 21. Authority. City represents to Partnership that: a. City has authority to execute this Agreement; b. There is legal ingress and egress to the Premises from a right-of-way; and c. Execution and performance of this Agreement will not violate any laws or agreements binding on City. 22. Condemnation In the event the Premises are taken in whole or in part by any entity by eminent domain, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority. Partnership shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Partnership hereby expressly waives any right or claim to any portion thereof. However, Partnership shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Partnership. 23. Alteration, Damage or Destruction If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Partnership, Partnership may elect to terminate this Agreement upon thirty (30) days written notice to City. In such event, Partnership shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Agreement. This Agreement (and Partnership's payment obligations) shall terminate upon Partnership's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Partnership shall be entitled to the reimbursement of any prepayments made by Partnership. City shall have no obligation to repair any damage to any portion of the Premises. Page 7 ê--ý' 24. Dan~erous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation of telecommunications facilities authorized by this Agreement has caused or contributed to a condition which impairs the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities or City-owned property, the Public Works Director may direct the Partnership, at the Partnership's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities and public ways. Such action may include compliance within a prescribed time. In the event that the Partnership fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Premises and take such actions as are reasonably necessary to protect the public, the adjacent streets, public ways and utilities, to maintain the lateral support thereof, or other actions regarded as necessary safety precautions; and the Partnership shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation or tennination of this Agreement. 25. Miscellaneous. a. City and Partnership respectively represent that their signatory is duly authorized and has full right, power and authority to execute this Agreement. b. With the exception of applicable laws, ordinances, rules and regulations, this Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties. c. of Washington. This Agreement shall be construed in accordance with the laws of the State d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the date of this Agreement are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on the Equipment, there is imposed a tax upon or against the rentals payable by Partnership to City, Partnership shall also pay those amounts. f. Partnership shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Partnership from any person or entity. Page 8 C-/o g. If any provision of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. Any Memorandum of Agreement to be recorded by the Partnership shall be in the form attached hereto as Exhibit C. This Agreement was executed as of the date first set forth above. CITY OF FEDERAL WAY SEATTLE SMSA LIMITED P ARTNERSIDP By: By: Its: Its: General Partner ATTEST: This - day of ,2000 ATTEST: This - day of ,2000 City Clerk, City of Federal Way Title: APPROVED AS TO FORM FOR CITY OF FEDERAL WAY: APPROVED AS TO FORM FOR SEA TILE SMSA LIMITED PARTNERSHIP: Londi K. Lindell City Attorney Its: Page 9 (-// STATEOFWASHINGTON) COUNTY OF KING ) ss. ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,2000. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Page 10 C--/c7- STATE OF WASHINGTON) COUNTY OF KING ) ss. ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ,to me known to be the of , the General Partner of Seattle SMSA Limited Partnership, a Limited Partnership, which executed the fòregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,2000. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Page 11 (;-/3 EXHIBIT A LEGAL DESCRIPTION Page 12 C-/~ EXHIBIT B SITE LOCA nON OF THE PREMISES AND SITE SKETCH Page 13 C-/ !5 EXHIBIT C When Recorded Send To: MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is entered into on this - day of , 2000, by and between the CITY OF FEDERAL WAY, a Washington municipal corporation, with an office at 33530 1st Way South, Federal Way, WA 98003 (hereinafter referred to as "City"), and Seattle SMSA Limited Partnership, c/o Verizon Wireless, a Limited Partnership (hereinafterreferred to as "Partnership"). 1. City and Partnership entered into a Right-of-Way Use Agreement "(the "Agreement") on ,2000, for the purpose of the Partnership's installing, operating and maintaining communications facilities in connection with Partnership's wireless communications service. 2. The tenn of the Agreement is for five (5) years commencing on ,2000, (the "Commencement Date") and tenninating on the fifth anniversary of the Commencement Date with the possibility of three (3) successive five (5) year renewal tenns (subject to the provisions of the Agreement). 3. The land that is the subject of the Agreement is described in Exhibit A annexed hereto. The use the land by the Partnership (the "Premises") is depicted in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. {PRIVATE }CITY: CITY OF FEDERAL WAY, a Washington municipal corporation PARTNERSHIP: Seattle SMSA Limited Partnership By: By: Title: Its General Partner Date: Date: Page 14 (!-/& STATEOFWASHINGTON) COUNTY OF KING ) ss. ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corpora.tion, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,2000. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Page 15 C-/7 STATE OF WASHINGTON) COUNTY OF KING ) ss. ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ,to me known to be the of , the General Partner of Seattle SMSA Limited Partnership, a Limited Partnership, which executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,2000. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Page 16 C-/3 EXHIBIT A LEGAL DESCRIPTION Page 17 C-¡9 EXHIBIT B SITE LOCA nON OF THE PREMISES AND SITE SKETCH Page 18 L -;2 0 MEETING DATE: May 16,2000 ITEM# ::fL()) -.........................................................................".............0",,'0.............................................................0..0........................................ ....................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~Y~~~ÇT:.oAq~.~o~o~~..~~~~.~.~.~.~~~~~~~~~..A~~~~~.~P~.~~~..~~y'.~.~~~~~~.~.~~~..~.~~j~~~..g~.~.~.~.~.~.~~~........0............ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI XRESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ........................................................................................................................................................'.............................................. ........................................ .............. ....... ...A!.!.AÇ~.~~~:!§.:......ç?~~.~~!.~~..~~~~?p..f~~..~~~~.~..M.~Y..~?~QQQ?..~~.~~J~~~g.~.......................................................................... SUMMARY/BACKGROUND: The Aquatic Lands Enhancement Account's (ALEA) purpose is for aquatic lands enhancement projects, for the purchase, improvement or protection of aquatic lands for public purposes and for providing and improving access to such lands. In this grant cycle, the ALEA grant program is emphasizing habitat protection and restoration projects. Projects approved during this cycle will receive funds during the 2001-2003 biennium. The Dumas Bay Centre property experiences significant erosion on a yearly basis to its sandy banks. The erosion to some extent is contributed to the ongoing tide action, but more visibly, erosion is occurring from the southwest portion of the site's asphalt areas. The surface water runoff from this area caused a significant section ofthe bank to erode in 1996. As a result of the erosion, the fence on top of the bank directly behind the gazebo has moved by approximately ten feet. The project scope is to remove existing asphalt and increase stonn water infiltration to reduce erosion and help protect the existing aquatic habitat on Dumas Bay. A preliminary cost estimate to remove the asphalt and restore the areas in the southwest section is $500,000, including A&E, 20% contingency and sales tax. The grant match requirement is 50% or $250,000. Applications are due June 1,2000. A resolution authorizing the application is required. Staff recommends submitting the Dumas Bay restoration project for ALEA funding. The City's 50% matching share will be considered as ... P.~.. ~ r ~~ ~..9.!Y..~ ~.. ?QQ Y~9.9.~ ..~.~ ~~~~. ~~~g ~.!:...... ....... ........... ........ ........... ........................ ...... ........ ....................... ....... .... ................................ CITY COUNCIL COMMITTEE RECOMMENDATION: On May 8, 2000, the Parks, Recreation, Human Services and Public Safety Council Committee moved to approve submittal of the Dumas Bay restoration project for ALEA funding and authorized that the resolution be placed on the City Council's ... M~y'..~.~..~g~~~~.r<?!..~p.P.!~.Y.~~ :.......................... ....... ..... ............. ................... ..... .......... ............ .... ......... .... ............... ............ ............. ......... ... ..... ....... .......... CITY MANAGER RECOMMENDATION: Motion to approval submittal of the Dumas Bay restoration ...P!?J ~.~~ f<?! ..~.êA.. ~.~.~.~~g ..~~ ..~P.P.~~.Y.~. .!Þ.~ .!~~~ ~ ~!~ ~~:........ ............ ................. ..... ...... .......................... ......... ............... ....... ........................ APPROVED FOR INCLUSION IN COUNCIL ~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: TO: FROM: VIA: SUBJECT: May 8, 2000 Parks, Recreation, Human Jennifer Schroder, Director,,- David M~ana r Aquatic Lanc& È~ha'nce ent Account Dumas Bay Restoration Project-Resolution ~ d Public Safety Council Committee The Aquatic Lands Enhancement Account's (ALEA) purpose is for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes and for providing and improving access to such lands. In this grant cycle, the ALEA grant program is emphasizing habitat protection and restoration projects. Projects approved during this grant cycle will receive funds during the 2001-2003 biennium (July 1,2000 to June 30, 2003). The Dumas Bay Centre property experiences significant erosion yearly to its sandy banks. The erosion to some extent is contributed to the ongoing tide action, but more visibly, erosion is occurring from the southwest portion of the site's asphalt areas. The surface water runoff from this area caused a significant section of the bank to erode in 1996. As a result of the erosion that occurred, the fence on top of the bank directly behind the gazebo was moved by approximately 10 feet. The project scope proposed is to remove existing asphalt and increase stonn water infiltration to reduce erosion and help protect the existing aquatic habitat in Dumas Bay. A preliminary cost estimate to remove the asphalt and restore the areas in the southwest section of the site is $500,000 including A&E, 20% contingency and sales tax. The grant match requirement is 50% or $250,000. Applications are due June 1, 2000. A resolution authorizing the application is required. Staff recommends submitting the Dumas Bay Restoration project for ALEA funding. The City's 50% matching share for the project will be considered as part of the City's 200112002 biennium budget. A draft resolution is attached for your review and approval. The resolution will be reviewed by the City Attorney's office prior to the City Council's meeting on May 16,2000. Committee Recommendation Motion to approve submittal of the Dumas Bay Restoration project for ALEA funding and authorize the resolution be placed on the City Council's May 16 agenda for approval. APPROVAL OF COMMIITEE ~~.... C"".Ctmi' . w+ Committee Member RESOLUTION NO. DRAFT 5/~/oÒ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR AN AQUA TIC LANDS ENHANCEMENT ACCOUNT PROJECT TO THE DEPARTMENT OF NATURAL RESOURCES WHEREAS, under the provisions of Chapter 79.24.580, RCW, state funding assistance has been authorized and made available to aid in the construction of aquatic lands enhancement projects; to aid in financing the cost ofland, the improvement, or protection of aquatic lands for public purposes; to aid in providing and improving access to such lands, and WHEREAS, the Dumas Bay Centre is public land in Federal Way owned by the City; and WHEREAS, the Dumas Bay Centre property experiences significant erosion annually of its sandy banks, which is a result in part of the asphalt areas on the southwest portion of the site; and WHEREAS, the City Council of Federal Way considers it in the best public interest to increase storm water infiltration, reduce erosion and restore habitat value generally located on Dumas Bay and the Puget Sound. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. # , Page 1 Section 1. Application for Aquatic Lands Enhancement Funds. A. The City Manager is authorized to make formal application to the Department of Natural Resources for Aquatic Lands Enhancement funds. B. This resolution will become part of a formal application to the Department of Natural Resources. C. The City will provide adequate notification of the application and opportunity for public input. Section 2. Aquatic Lands Enhancement Funds. A. Any fund assistance so received will be used in the restoration to reduce erosion and help protect the existing aquatic habitat at Dumas Bay. B. The City will match any fund assistance by 50% and the City's 50% matching share for the project will be considered as part of the City's 200112002 biennium budget prior to the execution of the grant agreement. C. The City will maintain any developed facilities financed through the Aquatic Lands Enhancement Funds for 25 years or longer. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and afflrmed. Res. # , Page 2 Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2°- CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k: \reso \aquaticlands.$$ 05\09\00 Res. # , Page 3 MEETING DATE: May 16, 2000 ITEM# ~ ~J ......................................................................................................"""""""""""""""""""""""""""""""""""""""""""'".................................................... ................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SeaTac Mall Detention Phase II Upper Subbasin WHIO Stonn Drain Improvements ........................................................................................"""""""""""""""...........................................................,.""""""""""""""""""""""""""""""""""" """'" CATEGORY: BUDGET IMPACT: l CONSENT _ORDINANCE. _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................".................................................................................................. ........................................................... ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated April 25, 2000. """"""""""""""""""""""""""""""""""""""""""""....................................................................................""""""""""""""""""""""""""""""""""""""""""'" SUMMARY /BACKGROUND: The above referenced project was originally scheduled to go to construction in 1999, but was delayed due to various problems associated with property acquisition. On March 2, 1998, the LUTC Committee was presented with the 85% Design Status Report, at which time it was discussed that the project was estimated to be over budget, however staff did not request a budget adjustment until the outstanding issues were better defined. The project design is now 100% complete. Phase II ofthe proposed improvements will consist of replacing and up-sizing approximately 3,400 linear feet of pipe with reinforced concrete pipe ranging in size from 12-inch to 84-inch diameter; the installation of manholes and catch basins; removal of existing pipes and drainage structures; curb, gutter and sidewalk removal and replacement; landscaping, and other work incidental to the stonn drain; as well as the conversion of the large substandard stonn water retention/detention facility (southeast corner of the SeaTac Mall property), to a water quality facility and removal of contaminated sediment from within the pipe alignment and detention facility. The alignment of the new pipe will extend from the regional detention pond at Belmor, north across S 324th Street, through the SeaTac Mall parking lot passing in front of Mervyn's, Tony Roma's and Red Robin, then paralleling 320th until crossing over at the entrance to the SeaTac Plaza (Key Bank/Denny's) and extending to the north boundary ofthat property. Also, on the north side of the S. 320thStreet crossing, a section of new stonn drain will be placed under S. 320th Street that will extend to the west side of the intersection of S. 320th Street and S. 20th Street. Four issues have impacted project costs, the first three were identified at the 85% design stage, while the fourth was identified in the final design. These four issues are: Pipe realignment through the Mall Property (east and north side of the mall); . Disposal of contaminated soils in the detention facility; . Contaminated soil and groundwater within the proposed stonn drain alignment; . Design alteration of the lateral stonn drain extending west along S. 320th from the entrance to SeaTac Plaza and Center Plaza to the west side of 20th Avenue S. The final engineering cost estimate for design and construction of the project is $4,272,180, funding appropriated is $3,071,630. As identified at the 85% design stage, staff has refined the project costs and is requesting that a budget adjustment be made at this time to cover the projected increased project costs of $1 ,200,550. In conjunction with the project agreements, staff expects to recover $521,790 of the increased project costs. The project is funded with a combination of Surface Water Management capital funds and a previously City Council approved Washing State Public Works Trust Fund Loan. The Surface Water Management capital fund would provide $1,522,180, and the PWTF would provide $2,750,000. The PWTF loan would be at 1% interest per annum over a 20 year term. The first repayment under the agreement of the loan shall consist of interest only at the rate of 1 % per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the Department. Interest will begin to accrue from the date the Department issues each warrant to the Local Government. Subsequent repayments shall consist of the priciple balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be of a sufficient amount to bring the loan balance to zero. Staff anticipates bidding the project in May and awarding in June. This schedule will allow the project to be constructed during the dry season and be substantially complete prior to the Holidays, thereby minimizing impacts to businesses in the City Center. Following approval to bid the project, staffwill return directly to the City Council with a request for permission to award the projectto the lowest responsive, responsible bidder. Construction will commence .. .~~.. ~.~~.~ .!.~~.~( ~~.~.~ y J ~ ~!'.. ~.i.~~ ..~~.. ~.~~!.~.~~.~~..~~ ~.~~~~~!.~~. .~~~ p.! ~~.i. ~.':l...? ~~~..!.':l...!~.~~.. ~ ~.l.!..~ .~~.~.:................... ...... ....... .............. ................. ...... CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 1,2000 meeting, the Land Use and Transportation Committee forwarded, with a 2-1 vote, to the full City Council for approval, the following staff recommendations: Adjust the budget to cover design and construction cost increases amounting to $1,200,550. . Approve 100% design for the SeaTac Mall Detention Phase II Upper Subbasin WH 1 0 Storm Drainage Improvements. Authorize the staff to bid the project with the understanding that all necessary easements and agreements will be executed prior to bidding. . Authorize the City Manager to execute all necessary agreements to facilitate the project. ....................................................................................................................................................................................................... ............................................................ CITY MANAGER RECOMMENDATION: Motion to adjust the budget to cover design and construction cost increases amounting to $1 ,2000,500, approve the 100% design for the SeaTac Mall Detention Phase II Upper Subbasin WHI0 Storm Drainage Improvements, authorize staff to bid the project with the understanding that all necessary easements and agreements will be executed prior to bidding, and authorize the City Manager to execute all necessary agreements to facilitate the project. . ... ¡;; ~ ~~~ ~..~ ~~ .¡~ ~ ¡ ~.~~ ~.~. ~.~.~.~ ~~~~¡..; ~'~'~~;;:~~rVY"""""""""""""" .......................... ................. ...... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDillEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2000\SeaTac Phase II IOO%.wpd DATE: April 25, 2000 TO: Phil Watkins, Chair Land UsefTransportation Committee FROM: Cary M. Roe, Director of Public Works William Appleton, Project Engineer David H. MOS~anager M VIA: SUBJECT: SeaTac Mall Detention Phase II Upper Subbasin WH10 Storm Drain Improvements BackQround: The above referenced project was originally scheduled to go to construction in 1999, but was delayed due to various problems associated with property acquisition. On March 2, 1998, the LUTC Committee was presented with the 85% Design Status Report, at which time it was discussed that the project was estimated to be over budget, however staff did not request a budget adjustment until the outstanding issues were better defined. The project design is now 100% complete. Phase lof the project is the already constructed improvements which begin at approximately S. 333rd Street and terminate in a large regional storm water control pond constructed on Belmor Mobile Home Park property. Phase II of the project upgrades the pipeline System conveying flows originating as far north as S. 312th Street and services approximately 237 acres of intensely developed properties in the City Center area, including SeaTac Mall and SeaTac Plaza Phase II of the proposed improvements will consist of replacing and up-sizing approximately 3,400 linear - feet of pipe with reinforced concrete pipe ranging in size from 12-inch to 84-inch diameter; the installation of manholes and catch basins; removal of existing pipes and drainage structures; curb, gutter and sidewalk removal and replacement; landscaping, and other work incidental to the storm drain; as well as the conversion of the large substandard storm water retention/detention facility (southeast comer of the SeaTac Mall property), to a water quality facility and removal of contaminated sediment from within the pipe alignment and detention facility. The alignment of the new pipe will extend from the regional detention pond at Belmor, north across S 324th Street, through the SeaTac Mall parking lot passing in front of Mervyn's, Tony Roma's and Red Robin, then paralleling 320th until crossing over at the entrance to the SeaTac Plaza (Key Bank/Denny's) and extending to the north boundary of that property. Also, on the north side of the S. 320thStreet crossing, a section of new storm drain will be placed under S. 320th Street that will extend to the west side of the intersection of S. 320th Street and S. 20th Street. Easement agreements with the SeaTac Mall and SeaTac Plaza are currently being negotiated but will be completed and executed prior to contract award. Copies of the draft agreements are attached. ARCO has become involved in the project as a result of finding contamination consisting of pollutants normally associated with underground storage tanks used for fueling operations. The City is working on developing and negotiating an agreement with ARCa detailing how and to what degree ARca will participate in costs associated with the contamination within the pipe alignment. The Agreement with ARCa is currently under review by Law Department staff and will be distributed at the May 1st LUTC meeting. Prior to contract award, all the agreements will be finalized and executed. Four issues have impacted project costs, the first three were identified at the 85% design stage, while the fourth was identified in the final design. These four issues are: " . Pipe realignment through the Mall Property (east and north side of the mall); . Disposal of contaminated soils in the detention facility; . Contaminated soil and groundwater within the proposed storm drain alignment; . Design alteration of the lateral storm drain extendin~ west along S. 320th from the entrance to SeaTac Plaza and Center Plaza to the west side of 20 Avenue S. The first issue involves two-alignment modifications to the main storm drain trunk, which was requested by the owners of SeaTac Mall to facilitate construction of a large multi-story parking facility on the east side of the Mall and preservation of future building pads on the north side of the Mall. The additional cost associated with these design changes is $76,600. City staff has negotiated to pay these additional costs in an effort to obtain the necessary easements without compensation to the mall, secure an agreement with the mall to construct the project, and finally to assist the mall in facilitating redevelopment of the mall property in the future. The second issue involves the removal and disposal of contaminated soil within the existing retention/detention pond owned and operated by SeaTac Mall. This material was deposited in the detention basin over the life of the structure from storm water collected from throughout the 237 acre subbasin including both public and private properties. The estimated cost at the 85% complete stage of design for the removal and disposal of the contaminated soil was approximately $260,000.00. At present, the easement agreement being negotiated has the Mall paying the lesser of $130,000 or 50% of the costs of disposing of this material. The third issue concerns the contamination of the subsurface soil and water in the vicinity of South 320th Street near the Mali's easternmost entrance. The contamination was discovered during the subsurface investigation activities associated with the project. Additional soil and ground water sampling was conducted along the final pipe alignment that is in the area of concern, and little to no contamination was found. At the 85% complete stage of design, the estimated cost for cleanup was approximately $380,000.00. However, more recent sampling has not shown that the contamination is as extensive as first thought, therefore costs associated with this issue are likely to be less than first estimated.. The City is working with ARCa to develop an agreement detailing how and to what degree ARCa will participate in costs associated with soil and ground water contamination. It is staff's position that ARCa should be responsible for any and all costs associated with soil or groundwater clean up. The fourth issue is the redesign of the lateral storm drain system on the north side of South 320th Street. The original design proposed utilizing an existing private storm line on the north side of South 320th which allowed storm water originating from subbasins north of South 320th Street and from 320th itself to continue to be conveyed through the SeaTac Mali's storm drain system. Upon further investigation, this approach did not adequately address existing overland sheet drainage onto South 320th Street. In order to "off load" these flows and pick up the overland sheet drainage, a new lateral pipe was required along the north side of 320th between the entrance to the SeaTac Plaza and the intersection of South 320th Street and 20th Street. The additional design and construction costs incurred are estimated at $14,160 and $296,000 respectively. City staff have proposed that 50% of the additional costs be borne by the Mall due to the benefit derived by off-loading their storm drainage system when the Mall redevelops their property. Although the costs- associated with the lateral storm drain improvement along the north side of S. 320th Street and the costs associated with the contaminated soil cleanup (in both locations) will potentially be recovered from others, for purposes of this presentation the. project budget status report includes both scenarios, i.e., additional costs not recovered and additional costs recovered: Project Element Project Costs Planning and Design Construction Storm Drain System Realignments in Sea Tac Mall Lateral Storm Drain on S. 320th Contaminated Soils Handling/Disposal Disposal of Detention Pond Soils lakehaven UtilitY Work Construction Total Construction Management Total AnticiDated Recovery Costs Lateral Strom Drain on S. 320th Lakehaven Utility Work Disposal of Detention Pond Soils Contaminated Soils Handling/Disposal Total Recoverable Amount Appropriated Budget Budget shortfall without cost recovery Budget shortfall with cost recovery Cost Comments $ 333,470 $ 2,768,920 $ 120,000 $ 296,000 $ 185,710 $ 260,000 $ . 58.080 $ 3,620,000 Includes $68,710 for design costs Estimate includes 10% contingency. $ 250.000 $4,272,180 $ 148,000 $ 58,080 $ 130,000 Possible recovery from Mall Reimbursable costs associated with water/sewer relocations Recovery from Mall. Total cost estimated at $260,000. $ Design/Construction cost recovery from others. 85%-design estimate - $380,000 185,710 $ 521,790 $3,071,630 ($1,200,550) ($678,760) The final engineering cost estimate for design and construction of the project is $4,272,180, funding appropriated is $3,071,630. As identified at the 85% design stage, staff has refined the project costs find is requesting that a budget adjustment be made at this time to cover the projected increased project costs of $1,200,550. In conjunction with the project agreements, staff expects to recover $521,790 of the increased project costs. To cover the budget shortfall, the Staff proposes using a 20-year, low interest (1% per annum) loan for $2,750,000, obtained from the Washington State Public Works Trust Fund. The first repayment under the agreement of the loan shall consist of interest only at the rate of 1% per annum, C9lculated on a 360-day year of twelve 30-day months, applied to funds received from the Department. -Interest will begin to accrue from the date the Department issues each warrant to the Local Government. Subsequent repayments shall consist of the priciple balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be of a sufficient amount to bring the loan balance to zero. Staff anticipates bidding the project in May and awarding in June. This schedule will allow the project to be constructed during the dry season and be substantially complete prior to the Holidays, thereby minimizing impacts to businesses in the City Center. Following approval to bid the project, staff will return directly to the City Council with a request for permission to award the project to the lowest responsible bidder. Construction will commence in late June/early July with an estimated substantial completion date in late Fall 2000. Staff will be present at the May 1, 2000 meeting to present the project. Recommendations: . Adjust the budget to cover design and construction cost increases amounting to $1,200,550. . Approve 100% design for the Sea Tac Mall Detention Phase II Upper Subbasin WH10 Storm Drainage Improvements. . Authorize the staff to bid the project with the understanding that all necessary easements and agreements will be executed prior to bidding. . Authorize the City Manager to execute all necessary agreements to facilitate the project. WA\CMR:jg cc: Project File Day File K:\LUTC\2000\SEA TAC PHASEII lOO%.doc.doc SEA TACPLAZA EASEMENT PURCHASE AND SALE AGREEMENT This agreement ("Agreement") made this _day of , 1998 between the City of Federal Way, a Washington municipal corporation ("City"), and SeaTac Plaza Corporation, a Delaware corporation ("SeaTac Plaza" ). Whereas, the City intends to, in the near term. construct and maintain the SeaT ac Mall Detention improvement project ("the Project"), and in the long term construct and maintain certain grid streets in the downtown City Center Core as shown in the City's adopted GMA Comprehensive Plan; and Whereas. SeaTac Plaza is the owner of certain real property located in Federal Way. Washington, legally described in Exhibit A hereto ("the Property"); and Whereas, portions of the Property are required by the City for the Project and for construction of a certain grid street shown in the City's adopted GMA Comprehensive Plan; and Whereas, the Federal Way City Council has adopted Ordinance No. 98,317, authorizing condemnation of a portion of the SeaTac Plaza property for the Project; Whereas, SeaT ac Plaza wishes to redevelop a portion of its property currently devoted to surface water drainage facilities; and Whereas, the parties wish to avoid condemnation litigation and the attendant cost, delay. and uncertainty, and in consideration for the mutual agreements contained below; NOW. THEREFORE. THE PARTIES AGREE AS FOLLOWS: 1. Transfer of Ownership 1.1 Easement Area. SeaT ac Plaza shall convey to the City at closing a permanent easement by fully executing, delivering and recording an easement in the form attached hereto as Exhibit "B" and incorporated herein by this reference ("Permanent Easement"). The Permanent Easement affects a portion of the Property (the "Easement Area") and is legally described and depicted in exhibits 1 and 2 to Exhibit "B". 1J. Temporary Construction Easement Area. SeaT ac Plaza shall convey to the CitY and record at closing a temporary construction easement for the constructJpn of the Project. in the form ofEXIllBIT" " attached hereto and incorpOrated by this reference ("Temporary Easement"). I.J~ Tract "X" Reservation and Future Dedication. SeaT ac Plaza covenants and agrees to ,1, PARCELS: 0050 and 0060 reserve Tract X, located along the west boundary of the Property and of Tract B of the Plat of Evergreen Plaza, as recorded at Volume 100, Page 74~75 of Plats, Records of King County, Washington, and is legally described depicted in Exhibits C and 0 hereto. SeaT ac Plaza further covenants and agrees to dedicate Tract X to the City for right~of~way, street and utility purposes at such time as the City determines, in its sole discretion, that Tract X is needed for those purposes. A Statutory Warranty Deed, in the form attached as Exhibit E and conveying Tract X, shall be executed by all owners of Tract X (including SeaTac Plaza, its heirs, grantees, and assigns, as applicable) and shall be delivered to the City of Federal Way within fourteen (14) days of the City's demand therefor. 2. Project and Other Conditions 2.1. Agreement Not to Protest LID. SeaTac Plaza covenants and agrees to participate in, and not oppose or protest, the formation of a Limited Improvement District ("LID") pursuant to RCW 35.43 designed to construct, maintain and/or improve a road upon Tract X. The timing of any LID shall be determined by the City of Federal Way, in its sole discretion. 2.2. Use of Tract X. During the period between the date of this Agreement and the date of the conveyance ofT ract X as provided herein, SeaT ac Plaza covenants and agrees that it shall not install or construct any structures on or within the boundaries ofT ract X, and that SeaT ac Plaza shall be responsible, at its sole cost and expense, for removing any structures on or within Tract X prior to its conveyance to the City. Until such time as Tract X is conveyed as provided herein, however, nothing in this paragraph shall prohibit SeaTac Plaza from paving or using Tract X for ingress, egress, parking, or landscaping, or from maintaining any rockeries or other structures providing lateral support and existing as of the date of closing. SeaT ac Plaza can maintain its project sign in its current location to the extent that the sign meets all sign code requirements and does nor present a public safety problem. IfSeaTac Plaza replaces or repairs the sign, to comply with Federal Way City Code requirements or otherwise, or if the City authorizes construction of a road within Tract X, SeaTac Plaza must relocate the sign to a location outside of Tract X, or to a new location within Tract X approved by the Federal Way Public Works Director. 2.3 Storm Water Drainage N Volume. In consideration of SeaTac Plaza's agreement to grant a permanent easement as provided in Paragraph 1.1, and to reserve and agree to dedicate Tract X as provided in Paragraph 1.2, the City agrees to provide in the Project sufficient conveyance volume, and to provide sufficient storage capacity at the S336th!Kitts Regional Storage Facility. For purposes of this Paragraph, "sufficient conveyance volume" and sufficient storage capacity" mean the volume and capacity necessary to accommodate the volume of treated storin water generated by 2~ and 10~ year storms, as determined by application of the HSPF method and Federal Way City Code requirements existing as of the date of this Agreement. "Sufficient conveyance volume" and sufficient storage capacity" as used herein shall account for that volume of treated storm water which would naturally drain from the Property (including Tract C of the Plat of Evergreen Plaza, Volume 100, Page 74~75 of Plats) and any other property that as of the date of the Agreement uses Tract C as a storm water detention facility, assuming that the Property, Tract C and any other property "using Tract C as a storm water detention facility were fully developed with the ~2~ PARCELS: 0050 and 0060 maximum allowable amount of impervious surface area. Accordiní!lv. the CitY aí!rees that. for a period of ten 00) years from the date of this Aí!feement. or until the first redevelopment of the PropertY. whichever occurs first. SeaTac Plaza shall not be required. as a condition of redevelopment of the Proper tv. includiní! Tract C. or any other propertY that uses Tract C as a storm water detention facilitY. to provide any retention/detention facilities on the PropertY or Tract C to detain storm water í!enerated bv 2, and 1O,vear storms. unless otherwise required bv _stale or federal law; PROVIDED. however. that duriní! and after said period the CitY may requiTe SeaTac Plaza to construct any surface water retention / detention required pursuant to state or federal law. or pursuant to any CitY code. reí!Ulation or ordinance required to be adopted bv state or federal law. Followiní! the expiration of ten OO)vears from the date of this Aí!feement. or followiní! the first redevelopment of the PropertY. whichever occurs first. any further redevelopment shall be í!overned bv the provisions of the Federal Wav CitY Code then in effect. For purposes of this paraí!raph. "redevelopment" shall be defined as the construction or expansion of any structure on Mall Propertv. or the addition or replacement of impervious surface. This Agreement pertains only to the volume of storm water, as described above, which flows or drains from the Property and any other property that as of the date of this Agreement uses Tract C as a storm water detention facility, assuming the Property and other property using Tract C are fully developed with the maximum allowable amount of impervious surface area. Nothing in this paragraph shall be deemed to relieve SeaT ac Plaza, its heirs, successors or assigns, or the owner of any other property from complying with all applicable Federal Way City Code water quality requirements with respect to any use, development or redevelopment of the Property, Tract C, or any other property, at any time. 2.4 Connection of Tract C to Project The City will include a manhole installation on the City's trunk line in a location suitable to receive a connection from Tract C. The City will reconnect the existing outlet pipe from Tract C into this manhole. 2.5 Tract C Detention Pond. Based on the Bush, Roed. and Hitchings Evergreen Plaza Drainage study, dated June 17, 1976, the detention pond in Tract C appears to have been designed to provide only. water quantity control, not water quality control. SeaTac Plaza, its heirs. successors or assigns, and the owner(s) of any other property draining to the Tract C pond shall comply with all applicable Federal Way City Code water quality requirements with respect to any use, development or'redevelopment of the Property, Tract C, or any other property. To determine application of Federal Way City Code water quality requirements, Tract C will be treated as a separate from any other property draining to it, from Tracts A and B, or from any other lots or parcels within Short Plat No. 7912270667. Therefore, any improvements to Tract C will require a water quality facility sufficient to serve Tract C and its improvements only, unless development upon Tract C is part of an overall development or redevelopment involving adjacent parcels. 2.6 Project Traffic Control During the construction of the storm drainage improvements, at least one lane of traffic will be provided within Tract X at all times. ,3- PARCEl.5: 0050 and 0060 3. Title 3.1 Condition of Title. Title to the Permanent Easement shall be acceptable to the City. SeaTac Plaza shall obtain the subordination of all encumbrances or defects which have a prior interest to the City and which, in the City's sole discretion, are unacceptable to the City. 4. Closin2 - 4.1 Closing of the Transfer. This transfer shall be closed on or before September 15, 1998, after the City's notice to the SeaT ac Plaza of the City's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties. 4.2 Closing Agent. This sale shall be closed by a closing agent designated by City. The City and the SeaTac Plaza shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 4.3 Closing Costs and Proration. The City shall pay all closing costs, including recording and escrow fees. Taxes for the current year and all rents, interest, utilities and other liens and charges shall be prorated as of closing. The parties shall pay those charges accruing to the date of closing on or before the date of closing. 4.4 Possession. The City shall be entitled to possession of the Property either pursuant to the terms of a possession and use agreement, or at closing, whichever occurs first. 5. Contin2encies 5.1 The Contingencies. The City's obligation to accept the Permanent Easement and Tract X, or otherwise perform under this Agreement, are conditioned upon and subject to the City's satisfaction, in its sole discretion, or the City's written waiver of the following contingencies: (a) The City's determination that the soils of the Pennanent Easement andior Tract X, or structures or improvements on the Permanent Easement and/or Tract X, are free from any hazardous substances whatsoever. SeaTac Plaza shall reasonably cooperate with the City to provide such information that the City requests to the extent that such information or documents exist and are under the control of the SeaT ac Plaza, and grant to the City the right to enter the Permanent Easement and/or TraCt X at reasonable times upon prior notice to the SeaTac Plaza to inspect and obtain necessary samples from the same. This contingency is solely for the City's benefit and shall be detennined in the exercise of the City's sole discretion; (b) Final approval of this Agreement by the City Council of Federal Way; (c) The truth and accuracy of all representations ofSeaTac Plaza; A~ PARCELS: 0050 and 0060 (d) The absence of any violation of federal, state or City laws including without limitation, all City codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, affecting the use, occupancy or condition of the Property; (e) SeaTac Plaza's failure to comply with the order of any cou_rt or governmental authority or agency pertaining to the Permanent Easement or Tract X, or the use, occupancy or condition of the Permanent Easement or Tract X; . (f) The pendency or threat of any litigation or proceeding relating to the Permanent Easement or Tract X; or (g) Any material change in the Permanent Easement or Tract X, or the improvements on the Permanent Easement or Tract X occurring after the execution of this Agreement. 5.2 Contineencv Period. In connection with the hazardous waste contingency contained in Section 4.1 (a) herein, the City has forty,five (45) days from the date of the City's receipt of SeaT ac Plaza's acceptance of this offer to notify SeaT ac Plaza of the City's determination; provided, however, that the City shall have the right to extend this contingency period for thirty (30) days upon notice of such extension from the City to SeaT ac Plaza. In connection with all other contingencies, the City shall have until the closing date in which to notify SeaTac Plaza that it has satisfied or waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. 5.3 Expiration of Contineencv Period. If SeaTac Plaza does not receive the notice required by Section 4.2 prior to the closing date, this Agreement shall terminate, at the City's election. 6. SeaTac Plaza's Representations and Warranties 6.1 Environmental Conditions. Notwithstanding the contingencies above, it is SeaTac Plaza's obligation at its sole cost and expense to comply or ensure compliance with all federal, state, foreign and local laws or administrative orders with respect to environmental conditions existing on the Property at closing including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act. Such obligation, and any liability that SeaTac Plaza may have for any breach thereof shall survive the closing. In the event the City discovers or is notified about the existence of any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, the City shall promptly notify SeaT ac Plaza ,5, P ARCEI,S: 0050 and 0060 and SeaTac Plaza shall, at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action and response thereto. In the event that SeaT ac Plaza fails to so proceed with due diligence and good faith, the City may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. 6.2 No Material Defect. SeaTac Plaza is unaware of any material deJect in the Easement Area or Tract X. 7. Indemnities 7.1 SeaT ac Plaza's Indemnities Notwithstanding the City's waiver or satisfaction of any of the contingencies, SeaTac Plaza agrees to indemnify and hold harmless the City, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by the City, or asserted against the City, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of SeaT ac Plaza or its predecessors in interest. This indemnity shall survive closing and be in addition to SeaTac Plaza's obligation for breach of a representation or warranty as may be set forth herein. 7.2 City's Indemnities The City agrees to indemnify and hold harmless the SeaT ac Plaza, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by the SeaTac Plaza, or asserted against the SeaTac Plaza, by any other party or parties (including, without limitation, a governmental entity), arising out of the sole negligence of the City in connection with the City's work on the Project and within the Easement Area. This indemnity shall survive closing. 8. Notice Any notice made pursuant to this Agreement, must be in writing, signed by the City Manager or designee or the SeaT ac Plaza and delivered to the City or the SeaT ac Plaza at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 9. General Conditions 9.1 Perfonnance. Time is of the essence to this Agreement. 9.2 Entire Agreement. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. ~6~ P ARCEl-S: 0050 and 0060 9.3 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 9.4 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. - 9.5 Governiní! Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 9.6 Captions. The respective captions of the paragraphs of this Agreement 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 Agreement. 10. Survival of Warranties. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Deed, but shall survive closing. 11. Covenants and Easements to Run With Land. The terms, covenants, easements and agreements contained within Paragraphs 1.1 and 1.2 are intended to and shall be benefits and servitudes upon the Property and shall run with the land and bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. This Agreement, the Permanent Easement provided for by Paragraph 1.1, and the Statutory Warranty Deed provided for by Paragraph 1.2 shall be recorded with the King County Auditor in King County, Washington. 12. Termination of Aí!reement The City offers to purchase the Permanent Easement on the terms and conditions set forth herein. In the event the Owner does not accept this offer on or before December 11, 1998, this offer shall expire and terminate. Dated this - day of ,1998. CITY: CITY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, W A 98003 (253) 661A031 APPROVED AS TO FORM: ,7, P ARCEI.5: 0050 and 0060 Londi K. Lindell, City Attorney Owner's Acceptance. SeaTac Plaza agrees to sell and transfer the Permanent Easement according to the terms and conditions in this Agreement. SeaT ac Plaza acknowledges receipt of a copy of this Agreement on , 1998 signed by all parties, and a_cknowledges having read the terms and conditions herein. OWNER (Individuals): (signature) (typed/printed name) (signature) (typed/printed name) (Address) L-l (Phone) OWNER (Corporate): (corporation name) . By: (signature) (typed/printed name) (tide) (Address) (Phone) on City's Receipt. The City acknowledges receipt of an Owner's signed copy of this Agreement ,1998. K:\SEA T AaJ>LAZA \SEA TPLAZ.AGR CITY OF FEDERAL WAY By: ,8, P ARCEl-S: 0050 and 0060 EASEMENT PURCHASE AGREEMENT This Agreement is entered into this day of , 2000, between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City") and R.M.A. ENTERPRISES - SEAT AC MALL, L.P., a Delaware limifeft partnership ("Partnership"). The City and the Partnership are collectively referred to herein as "the Parties. " RECITALS A. The Partnership is the owner of property known as the Sea- Tac Mall. This property ("Mall Property") is legally described in EXHIBIT A attached hereto and incorporated herein by reference. As part of construction of the Mall, the Partnership or its predecessors installed a storm drainage line across Mall Property, and constructed a surface water detention pond. B. The storm drainage line and pond convey surface waters from the Mall Property to a stream flowing through the Belmor mobile home park located immediately to the south of the Mall Property. The storm drainage line and pond also convey surface water drainage from South 320th Street and other public rights-of-way, and from properties located to the north of S. 320th Street. C. As a result of the increase in impervious surface north of S. 320th Street, the storm drainage line and pond no longer adequately accommodate all of the runoff that flows to them. Consequently, S. 320th Street and the Mall Property regularly flood during even moderately heavy rain events. The flooding blocks access into the Mall from S. 320th Street. D. The City desires to expand the storm drainage line to accommodate increased surface flows, remove accumulated sediment from the pond, install certain water quality facilities capable of treating runoff from City-owned rights-of-way, and provide for the operation and maintenance of such facilities ("the Project"). In order to do so, the City would like to obtain temporary and permanent easements from the Partnership to construct, own, and maintain the expanded storm drainage line and water quality facilities. E. The Partnership desires to accommodate the Project, which will benefit the Mall by reducing or eliminating flooding and by cleaning the pond. At the same time, in order to allow future development of pad locations on the Mall Property, the Partnership would like the City to locate a portion ofthe expanded storm drainage line, and realign an existing sewer line, so that the lines run parallel to an east Mall entrance road and/or S. 320th Street rather than across pad locations on Mall Property. The Partnership further desires that, in order to allow future development of a parking or other structure immediately to the east of the Mall, the expanded storm drainage line adjacent to the current Mervyn's structure be placed in the same location as the existing storm Easement Purchase Agreement #138019 15675-3 2yhvO2!.doc 412612000 page I drainage line. The Partnership also seeks assurances that, as a result of the Project, the Partnership will have no further obligations to install or upgrade water quality . improvements in connection with any future development or redevelopment of the Mall Property. F. The Partnership acknowledges that the Federal Way City C-ouncil must make the decision whether or not to proceed with the Project, and that the City Council's decision is contingent on, in part, the Partnership's willingness to accommodate the Project. Therefore, in consideration of the respective agreements set forth below and for valuable consideration, the receipt of which is acknowledged, agree as follows: AGREEMENT 1. TERMS. 1.1. City's Obligations. 1.1.1. Project Components. Should the Federal Way City Council determine to proceed with the Project, the City shall: a. Design, construct and install a new trunk line drainage pipe and other associated drainage facilities ("Conveyance System") sufficiently sized to convey surface waters generated by properties north of South 320th Street, the South 320th Street right-Of-way, and that portion of the Mall Property located within the eastern drainage basin as depicted on EXHIBIT hereto. As generally depicted in EXHIBIT - hereto, the Conveyance System shall run from the northern boundary of the Mall Property in an easterly direction parallel to S. 320th St., and then south to the detention/retention pond located near the southern boundary of the Mall Property ("Pond"). The City may abandon in place that portion of the existing drainage pipe that runs in a southeasterly direction from S. 320th Street to the northeast comer of the Mall, provided that future development above the existing pipe is not thereby impaired. The City shall pay the cost of design, construction and installation of the Conveyance System. b. Design, construct and install water quality facilities ("Water Quality Facilities") sufficiently sized to provide treatment for runoff from publicly-owned rights-of-way within the drainage basin, and from that portion of Mall property contained within the eastern drainage basin depicted on EXHIBIT hereto. The Water Quality Facilities shall be constructed and installed within the Pond, consistent with all City Code and other legal requirements applicable at the time of construction. The City shall pay the cost of design, construction and installation ofthe Water Quality Facilities. Easement Purchase Agreement #138019 15675-3 2yhv02!.doc 4/26/2000 page 2 c. Remove and dispose of soils and sediments from the bottom of the Pond. The City shall pay the cost of such removal and disposal, except for the contribution to be paid by the Partnership as set forth in Paragraph 1.2.3.(a) below. d. Realign an existing sewer line that currently runs in a northeasterly direction from an east Mall entrance road, to a new location where it will run directly north to S. 320th Street and then east along S. 32Òth Street, as generally depicted in EXHIBIT - ("Relocated Sewer Line"). The City shall pay the cost of design, construction, and installation of the Relocated Sewer Line. 1.1.2. Timing. The City will construct the Conveyance System and Water Quality Facilities between ,2000 and ,2000. Construction may continue beyond this period, however, if necessary to allow appropriate cleanup or other resolution of any hazardous or dangerous waste, substances or groundwater on the Mall Property. 1.1.3. Ownership, Operation and Maintenance. The City shall retain ownership ofthe Conveyance System, Water Quality Facilities and Relocated Sewer Line, and shall be responsible for their operation and maintenance. 1.1.4. Future Water Quality Improvements. Notwithstanding any current or future provisions in the Federal Way City Code, the Federal Way Surface Water Design Manual, or any other City ordinances, the City agrees that it will not require the Partnership to construct or install additional water quality facilities of any kind in connection with any redevelopment of the Mall Property after the date of this Agreement. For purposes of this paragraph, "redevelopment" shall be defined as the construction or expansion of any structure on Mall Property, or the addition or replacement of impervious surface. 1.1.5. DetentionlRetention. The City shall provide conveyance capacity in the Project and reserve in its S. 336th "Kitts Comer" regional stonn water storage facility storage volume calculated according to the HSPF method and Federal Way City Code requirements in effect as of the date of this Agreement and sufficient to accommodate the treated runoff from the Mall Property during 2- and 10-year stonns, assuming the Mall Property is developed with the maximum allowable impervious surface area. Accordingly, the City agrees that neither the Partnership nor its heirs, successors or assigns shall be required, as a condition of development or redevelopment of the Mall Property, to provide any retention/detention facilities (other than the Pond) on the Mall Property to detain stonn water generated by 2- and 10-year stonns, unless otherwise required by state or federal law. . 1.2. Partnership's Obligations. 1.2.1.. Permanent Utility Easement. The Partnership shall grant the City and record at closing a Pennanent Utility Easement for construction, installation, operation and maintenance of the Conveyance System, Water Quality Facilities and Easement Purchase Agreement #/138019 15675-3 2yhvO2!.doc 4/2612000 page 3 Relocated Sewer Line. The Pennanent Utility Easement shall be in the fonn of EXHIBIT "-" attached hereto and incorporated by this reference. 1.2.2. Temporary Construction Easement. The Partnership shall grant the City and record at closing a temporary construction easement, for the construction and installation of the Conveyance System, Water Quality Facilities and Relocated Sewer Line, in the fonn of EXHIBIT " " attached hereto and incorporated by this reference ("Temporary Easement"). 1.2.4.(1.2.3.) Financial Participation. The Partnership shall participate financially in the Project as follows: a. The Partnership shall pay the lesser of$130,000.00 or 50% of all costs incurred in removing and disposing of soils/sediments from the bottom of the Pond. The Partnership shall make payment to the City for these costs in the fonn of a check, which shall be provided to the City within thirty (30) days of written notice from the City of the total costs incurred. b. The Partnership shall pay the lesser of $5,000.00 per year or 50% of the annual costs incurred by the City in its operation and maintenance of the Water Quality Facilities. The Partnership shall make payment to the City for these costs in the fonn of check, which shall be provided to the City within thirty (30) days of written invoice from the City ofthe costs incurred in the previous year. 1.3. Mutual Obligations Regarding Contaminated Soils. The City and Partnership acknowledge that gasoline-product contamination emanating from the ARCO property along S. 320th Street has been found on portions ofthe Mall Property. The City is further aware that the Partnership has filed a lawsuit against ARCO in U.S. District Court of Seattle, Case No. C99-1678P, to obtain compensation from ARCO for such contamination. The City agrees to cooperate with the Partnership in this pending litigation. 2. TITLE 2.1. Condition of Title. Title to the Pennanent Utility Easement and Temporary Construction Easement shall be acceptable to the City. Partnership shall obtain the subordination or elimination of all encumbrances or"defects which have a prior interest to the City and which are unacceptable to the City. 3. CLOSING 3.1. Closing of the Sale. This sale shall be closed on or before ,2000, after City's notice to Partnership of City's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties Easement Purchase Agreement #138019 15675-3 2yhvO2Ldoc 4/2612000 page 4 3.2. Closing Agent. This sale shall be closed by a closing agent designated by City. City and Partnership shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 3.3. Closing Costs. City shall pay the escrow fees. - 3.4. Possession. City shall be entitled to possession of the Permanent Easement and Temporary Easement either pursuant to the termS of a possession and use agreement, or at closing pursuant to this Agreement, whichever occurs first. 4. CONTINGENCIES 4.1. The Contingencies. City's obligations under this Agreement are conditioned upon and subject to City's satisfaction, in its sole discretion, or City's written waiver, of the following contingencies: a. City's determination that the soils of the Property, or structures or improvements on the Property, are in such condition that the Project is feasible. City and Partnership acknowledge that contaminated soils have been found within the property covered by the Temporary Construction and Permanent Utility Easements and in the Pond. Partnership shall reasonably cooperate with the City to provide such information that the City requests to the extent that such information or documents exist and are under the control or constructive control of the Partnership, and grant to the City the right to enter the Property at reasonable times to inspect and obtain necessary samples from the same. b. Final approval of this Agreement by the City Council of Federal Way; c. The truth and accuracy of all representations and warranties of Partnership; d. The pendency or threat of any litigation or proceeding relating to the Property other than the lawsuit referred to in Section 1.3 herein; or e. Any material change in the Property or the improvements on the Property occurring after the execution of this Agreement. 4.2. Contingency Period. In connection with the contingency contained in Section 4.1(a) herein, City has forty-five (45) days from the date of City's receipt of Partnership's acceptance of this offer to notify Partnership of City's determination; provided, however, that City shall have the right to extend this contingency period for thirty (30) days upon notice of such extension from City to Partnership. In connection with all other contingencies, City shall have until the closing date in which to notify Partnership that it has satisfied or waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. Easement Purchase Agreement 11138019 15675-3 2yhvO2!.doc 4n.6I2000 page 5 4.3. Expiration of Contingency Period. ¡fPartnership does not receive the notice required by Section 4.2 prior to the closing date, this Agreement shall terminate, at City's election, and the earnest money shall be returned to City. 5. PARTNERSHIP'S REPRESENTATIONS AND WARRANTIES - 5.2.(5.1) No Material Defect. Other than the presence of the gasoline-product contamination described in Section - herein, Partnership is unaware of any material defect in the Property. 5.3.(5.2) Debris and Personal Property. Partnership will remove all debris and personal property. prior to closing, located on the Permanent Easement, if any, at Partnerships cost and expense. 7.(6.) NOTICE. Any notice made pursuant to this A,.greement, must be in writing, signed by the city or Partnership and delivered to the City or Partnership at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 8.(7.) GENERAL CONDITIONS 8.1.(7.1) Performance. Time is of the essence to this Agreement. 8.2.(7.2) Entire Agreement. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 8.3.(7.3) Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 8.4.(7.4) Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.5.(7.5) Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 8.6.(7.6) Captions. The respective captions of the paragraphs of this Agreement 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 Agreement. 9.(8.) SURVIVAL OF WARRANTIES. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Permanent Utility Easement, but shall survive closing. Easement Purchase Agreement #138019 15675-3 2yhv02!.doc 4/2612000 page 6 10.(9.) AGREEMENT TO PURCHASE. City offers to purchase the Permanent Utility and Temporary Construction Easements on the terms and conditions set forth herein. In the event Partnership does not accept this offer on or before . 2000, this offer shall expire and terminate. Dated this day of , 19 - CITY OF FEDERAL WAY - By David Moseley, City Manager 33530 1st Way South Federal Way, W A 98Q03 (253) 661-4031 APPROVED AS TO FORM: Londi K. Lindell, City Attorney Easement Purchase AgreemenJ #1138019 15675-3 2yhvO2!.doc 412612000 page 7 l?artnership'sAcceptance. Partnership agrees to sell the Pennanent Utility Easement and Temporary Construction Easement attached hereto on the tenns and conditions in this Agreement. Partnership acknowledges receipt of a copy of this Agreement on , 2000 signed by all parties, and acknowledges having read the tenns and conditions herein. This acceptariCe shall be null and void if the Federal Way City Council does not approve the Project in substantially the fonn described above. H.M.A. ENTERPRISES - SEAT AC MALL, LP. a Delaware Limited Partnership By (Signature) (Typed/Printed Name) (Title) (Address) ( ) (Phone) City's Receipt. City acknowledges receipt ofa Partnership's signed copy of this Agreement on ,2000. CITY OF FEDERAL WAY By Easement Purchase Agreement #138019 15675-3 2yhv02!.doc 4/2612000 page 8 ~RLOCALAGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN UTILITY DISTRICT FOR THE SEA TAC MALL DETENTION - PHASE II UPPER SUBBASIN WHIO STORM DRAIN IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"). WHEREAS, the City proposes to proceed with the Sea Tac Mall Detention - Phase II Upper Subbasin WHI0 Storm Drain Improvements Project (hereinafter "Project"); and WHEREAS, the District provides Water and Sewer service in the general area o(the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in cOIUlection with storm drain improvements being undertaken by the City, the District will be required to relocate a section of 12" water main, relocate 290 feet of 10" ductile iron sanitary sewer line, replace a hydrant and restore those paved surfaces, curbs and gutters impacted by this work. Also, the Distíict will, as necessary, resolve any waterline/utility conflicts and adjust sewer manholes within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District shall reimburse the City for the reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. The District agrees that the City's design contractor, Tetra Tech/KCM, shall perform design work and that the district shall reimburse the City for design costs associated with the work to be done by the District. II. BIDDING. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project,1he District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within five days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided. however: if no bids are received which, in the e~timation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for .the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the District to the City within thirty (30) after approval by the District's Board of Commissioners of said sums billed to the District." Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. Page 2 V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arisiñg or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the water mains and sewer lines and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. Page 3 E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms--of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHA VEN UTILITY D ISTRI CT David H. Moseley, City Manager General Manager Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney, Londi K. Lindell General Counsel, Steven H. Pritchett Page 4 EXHIBIT "A" SEA T AC MAll DETENTION - PHASE II UPPER SUBBASIN WH 10 STORM DRAIN IMPROVEMENTS PROJECT ESTIMA TED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT ADJUSTMENTS ESTIMATED DESIGN COST Estimated deskm costs for lakehaven utilitv relocations (Tetra Tech/KCM) SUBTOTAL $ 5,080.00 $ 5,080.00 ESTIMATED CONSTRUCTION COSTS Mobilization Traffic Control labor Removal of Structures and Obstructions Asphalt Pavement Patch Manhole 48" Dia Type 1 Connect to Existing Manhole Rechannel Manhole lower Existing 12" Water Main Relocate Fire Hydrant Ductile Iron Sanitary Sewer Line Concrete Barrier Curb and Gutter Concrete sidewalk SUBTOTAL 8 % Construction Cost 36 hours @ $28.00/hr. 1 @ $ 2000.00/ea. $ 3,300.00 $ 1,008.00 $ 1,500.00 $ 4,226.00 $ 6,400.00 $ 1,500.00 $ 2,100.00 $ 8,500.00 $ 2,000.00 $12,096.00 $ 800.00 $ 1.120.00 $ 44,550.00 Sales Tax @ 8.6% of Construction Costs $ 3,830.00 SUBTOTAL Including Sales Tax $ 53,460.00 Construction Contingency (per consultants estimate) $ 4,840.00 Construction Management {per consultants estimate} $ 1,980.00 TOTAL ESTIMATED COST FOR UTILITY RELOCATIONS Includinq Enqineerinq and Continqency $60,280.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. . K:\swm\projects\seatac\Jakehaven interlocal Page 5 l\I.~~~~~~~ ~~: ~~y I~:: ~~~._m~!~l\I.~~~mm mmm. m.m'm CITY OF FEDERAL WAY City Council AGENDA ITEM ...~~~~~~!..:.......~~.~~.~.~~.~.~~.~~P.~~!.~.~~.~.~~P~~.~:~~.~~.~?~.~~~~!..~.~!~.~~P~.~~.~~~.~~.~..~.~.~.~P.~.~.!~~..~~.?~.!!!.~~............ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARIN G FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Req'd: $ ,...................................................................................................................................................................................................... ............................................................ .. !:\ !..!..~ ~~. ~ ~ ~!. .~. :.. . . ..~ ~.~. ~.~.~~.? ~~. ~ ~ . ~~ : . ~.~~.? ..Y..~.~ . ~~.? ..! ~~~. ~ P.~ ~~~.! ~~. . ~.~ ~ .~. !!!.~. ~ ..? ~ ~ ~.?.~ p ~ !.~ ..~ ? ~ . .~ ~ ~.r~ SUMMARY /BACKGROUND: The storm drainage improvement portion of the project will consist of constructing approximately 2,000 linear feet of storm drain pipeline of varying diameter (12 to 60-inch pipe), associated manholes and inlets, and approximately 1,200 linear feet of concrete curb, gutter and sidewalk replacement. The water main replacement portion of the project involves the replacement of approximately 2,300 linear feet of l2-inch water main, associated appurtenances, and service relocations replaced as part of the storm drain project. Beyond storm drain and waterline improvements, additional work includes street and property restoration and an asphalt concrete overlay of the roadway within the project limits. An agreement between the City of Federal Way and the City of Kent has been developed to address storm water discharge into the wetlands located on the north side of272od. Upon entering into the agreement, the City of Kent will identify the wetlands on the north side of S. 272od Street as requiring level 3 flow control at which point surface water code will require that the City of Federal Way enforce level 3 flow control within the subbasin that drains to the wetlands. Level 3 flow control is a duration and peak-matching performance standard that is intended to prevent significant increases in water surface elevations for 2-year through 100-year return frequencies. Kent will issue a construction permit for the project following the execution of this agreement. A copy of the agreement is attached. Total project costs are estimated to be $1,291,069, funding available is $1,477,554. Staffwill return directly to the City Council following the bidding period and request permission to award the project contingent upon the lowest ....~:~P..??~~.Y.:~.!~.~P..?~~~.~.~~..~~.~..~.~~.~~.~~.~~~.~.~~.~..~P.P~~Y..~~..~~.~~~~.~!.~.~.'.~?!~.?~.~:.......................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 1,2000 meeting, the Land Use and Transportation Committee forwarded to the full City Council for approval, the following staff recommendations: .Approve 100% design for the storm drain improvements. .Authorize the City Manager to execute the agreement with the City of Kent. .Authorize staff to bid the project and return directly to the City Council for award of the project contingent ....................!:l.P.?~.~~.~}~.~~~!..~~~J?~.~.~.~Y.~,..~~~p'~.~~.~~.!~..~.!~.~~.~~.g..~i~~.i.~..!~~..~P.P.~.?Y.~~..~!:l.~.g~.~..?rE~~7.??~.~~:.................................... ,...................................................................................................................................................................................................... ............................................................ CITY MANAGER RECOMMENDATION: Motion to approve 100% design for the stonn drain improvements, execute the agreement with the City of Kent, and authorize staff to bid the project and return directly to the City Council for award of the project contingent upon the lowest responsive, responsible bid being within the approved budget of $1,477,554. ~;;; ¿~~~;¿; ~ ~~ ~~~ ¿ ~ ~~¿ ~ ~ ~~¡;¡~~;;~mmmmmmmmmm (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2000\Starlake IOO%,wpd DATE: April 25, 2000 FROM: Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Deputy Director of Public Works ~\\ , William Appleton, Surface Water Project Engineer r Ir David H. ~nager Star Lake Roa~ Drainage Improvement and Water Main Replacement - 100% Design Submittal TO: VIA: SUBJECT: BACKGROUND The Federal Way Comprehensive Surface Water Management Plan indicates that an inadequate storm water conveyance system along Star Lake Road is causing flooding on City streets in the vicinity of Star Lake Road and South 272ndStreet. To eliminate this problem, it is proposed that the storm drain system running along Star Lake Road and crossing South 272nd street will be improved. The design phase of the project is 100% complete and ready to advertise for bids. The storm drain improvement will require that an existing 12-inch water main be relocated in several locations along Star Lake Road. Since the water main is constructed of asbestos concrete pipe, Highline Water District has elected to replace a large section of the main with ductile iron pipe. An interlocal agreement between Highline Water District and the City of Federal Way was executed on April 29, 1999 to reimburse the city for costs associated with the water main replacement. A copy of executed interlocal agreement is provided as an attachment. The storm drainage improvement portion of the project will consist of constructingapproximately2,000 linear feet of storm drain pipeline of varying diameter (12 to GO-inch pipe), associated manholes and inlets, and approximately 1,200 linear feet of concrete curb, gutter and sidewalk replacement. The water main replacement portion of the project involves the replacement of approximately 2,300 linear feet of 12-inch water main, associated appurtenances, and service relocations replaced as part of the storm drain project. Beyond storm drain and waterline improvements, additional work indudes street and property restoration and an asphalt concrete overlay of the roadway within the project limits. An agreement between the City of Federal Way and the City of Kent has been developed to address storm water discharge into the wetlands located on the north side of 27200. Upon entering into the agreement, the City of Kent will identify the wetlands on the north side of S. 27200 Street as requiring level 3 flow control at which point surface water code will require that the City of Federal Way enforce level 3 flow control within the subbasin that drains to the wetlands. Level 3 flow control is a duration and peak-matching performance standard that is intended to prevent significant increases in water surface elevations for 2-year through 100- year return frequencies. Kent will issue a construction permit for the project following the execution of this agreement. A copy of the agreement is attached. FUNDING Project EXDenditures Planning & Design $ 79,419 Bidding and Advertising $ 2,000 Storm Drain Construction (includes 10% contingency) $ 773,000 Construction Management $ 116,000 Sub- Total $ 970,419 Water Main Construction (includes 10% contingency) $ 320.650 (Highline Water District) Total Project Costs $1,291.-069 FundinQ Available Surface Water Fund $1,156,904 Highline Water District $ 320.650 Total Funding $1,477,554 \.1- "'\', Obc; Total project costs are estimated to be $1,252,JO9, funding available is $1,477,554. Staff will return directly to the City Council following the bidding period and request for permission to award the project contingent upon the lowest responsive, responsible bid being within the approved budget of $1,477,544. RECOMMENDATIONS Place the following items on the May 16th Council agenda: . Approve 100% design for the storm drain improvements. . Authorize the City Manager to execute the agreement with City of Kent . Authorize the staff to bid the project and return directly to the City Council for award of the project contingent upon the lowest responsive, responsible bid being within the approved budget of $1,477,554. WA:kc Attachment K:\lUTC\2000\STARLAKE lUTC lOO%.DOC MEMORANDUM OF UNDERSTANDING REGARDING THE STAR LAKE BASIN DRAINAGE IMPROVEMENT PROJECT THIS AGREEMENT ("Agreement") is made and entered into on this - day of ,2000, between the City of Kent (hereinafter "Kent") and the City of Federal Way (hereinafter "Federal Way"); WHEREAS, Federal Way intends, in the near tenn, to construct and maintain the Star Lake Basin Drainage Improvement Project ("the Project"); and WHEREAS, the project will discharge stonn water into the wetlands shown in Exhibit "A," which are part of the McSorley Creek Watershed and which lie within the incorporated boundaries of Kent; and WHEREAS, Kent has adopted Level 3 flow control as described in the King County Surface Water Design Manual for its portion of the McSorley Creek Watershed; and WHEREAS, the parties wish to eliminate localized flooding problems on Star Lake Road and South 272nd Street and avoid attendant delay and uncertainty; NOW, TIIEREFORE, IN CONSIDERATION FOR TIIE MUTUAL AGREEMENTS CONTAINED BELOW, THE PARTIES AGREE AS FOLLOWS: 1. The City of Federal Way will adopt Level 3 flow control as described in the King County Surface Water Design Manual for its portion of the McSorley Creek Watershed that encompasses the Star Lake drainage system. MEMORANDUM OF UNDERSTANDING REGARDING THE STAR LAKE BASIN DRAINAGE IMPROVEMENT PROJECf - 1 2. The City of Kent will issue, subject to the appropriate review and conditions, all necessary penn its to Federal Way to allow for the construction of the Star Lake Drainage Improvement Project following the execution ofthis Memorandum of Understanding. CITY OF FEDERAL WAY: By: Print Name: Its: 33530 First Way South Federal Way, W A 98003 APPROVED AS TO FORM: Londi K. Lindell, City Attorney Owner's Acceptance: The City of Kent agrees to permit construction of the Star Lake Basin Drainage Improvement project according to the terms and conditions in this Agreement. The City of Kent acknowledges receipt of a copy of this Agreement on , 2000, signed by all parties, and acknowledges having read the terms and conditions herein. CITY OF KENT ~~ By: Don Wickstrom Its: Public Works Director 220 Fourth Avenue South Kent, W A 98032 MEMORANDUM OF UNDERSTANDING REGARDING THE STAR LAKE BASIN DRAINAGE IMPROVEMENT PROJECT - 2 APPROVED AS TO FORM: ~ ~ (eJ<~~ Tom Brubaker, Deputy City Attorney P,'C;viI\FILESIOp",FiI,,1O I 17\SwUkca.su.-M....u.............doc: MEMORANDUM OF UNDERSTANDING REGARDING THE STAR LAKE BASIN DRAINAGE IMPROVEMENT PROmCf - 3 Exhibit "A" S 27200 St (J) CD ~ s:::. ú) ..... S Star Lake Ad , , , , I.. .. LEGEND ----~ Ditch and Culvert System _,>m_- PondslLakes/Oetention G:~r-;"'þ WeUands - - - - - - Subbasin Boundary ------ City Boundaries _.11> - Piped Trunk System CSlR-1Ð Subcatchment Name and Boundary 0 . 500" N -e- 1 000' 2000" . . KCM City of Federal Way COMPREHENSIVE SURFACE WATER FACIUTY PLAN-PHASE I Figure 9-1. . STAR LAKE ROAD TRUNK SYSTEM A.f(O' I, SUBCATCHMENTBOUNDARŒS , 1917 Flfst Av6noo S6attl6, WA 98101 ...M¥:~:;QNQ..P~T~.~.....M~Y...~§',-..~.999.. .............. ............. .... .... ..... ..... JI.~M.~ ~ ................................ CITY OF FEDERAL WAY City Council AGENDA ITEM ....~~J.~ç.!.;.......A~~.~...ç~.~~~~~.~.~~...App~~~~~~~~. .(~~p~~~~.~.~~ ~ )....... .................... .".,.....,..,.."...... ... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OrnER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................. ATIACHMENTS: Memo from City Clerk Chris Green dated 5/4/00, with attached resignation of Krista Hibray. ....................................................................................................................................................................................................... ............................................. SUMMARY/BACKGROUND: Because of his active participation on the commission, the Arts Commission recommends the appointment of Ronald Smith to fill the unexpired term of Krista Hibray. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: None ....................................................................................................................................................................................................... ............................................. CITY MANAGER RECOMMENDATION: Motion to appoint Ronald Smith to fill the unexpired term on the city's Arts Commission through 12/31/00. The City Clerk is directed to arrange for the newly appointed commissioner's introduction and presentation of his appointment certificate at the June 6 regular meeting. ....................................................................................................................................................................................................... ........................'."................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLEIED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDIDEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # --':COVER-5124/94 -' . CITY OF FEDERAL WAY MEMO RAND tJM SUBJECT: City Councilmembers Chris Green, City Cler(-~ k May 4, 2000 '---" U Arts Commission Resignation TO: FROM: DATE: Attached is a letter of resignation from Arts Commissioner Krista Hibray, whose term expires on December 31, 2000. There are currently two alternates on the commission, Ronald Smith and Lana Bostic, thus enabling you to name one of them as a replacement at this time. At the Arts Commission meeting this morning, they recommended the appointment of alternate Ronald Smith to fill the unexpired term. If you concur with their recommendation, please let me know and I will place the appointment on the consent agenda for the May 16 regular meeting.... thank you. c: David H. Moseley, City Manager Jenny Schroder, ParksIRecreationlCultural Services Director Sue Floyd, Admin Asst II MEMOCC .~ ( ~. ' j " /~~ .. . . . -- f{QH RECEIVED ¡-q j 0 l} 2000 Krista C. Hibray PO Box 761 - Allyn, Washington 98524 PARKS & RECREATION Fax 360.275.0446 - Home Phone 360.275.6024 - Email KristaCW@aol.com May 3, 2000 Federal Way Arts Commission City of Federal Way 33530 - I st Way South Federal Way, Washington 98003-6210 ~ ~A~ œ4o?~]œ~ éity Clerks Office fly ot Federal Way Re: Resignation Dear Arts Commission: This letter will serve as my resignation from the Federal Way Arts Commission. Although I have been happy to serve on the arts commission over the past few years, I must, for the time being, resign while I am now living outside of Federal Way. Due to my recent marriage, I have moved to the beautiful Kitsap Peninsula. This is a temporary residence, and I hope to be back in Federal Way by the end of this year. My husband and I are actively looking for a new house (we may build!), however, this is an extensive process. I hope to rejoin the Arts Commission when I return to Federal Way in the near future. In the meantime, I will be happy to continue my volunteer work in the projects and events the commission sponsors. I will also continue my dancing with the Aria Dance Company. I hope to stay in contact with everyone - please do not hesitate to contact me for assistance in all the upcoming events! MEETING DATE: May 16,2000 ITEM# ~a) ./ ...m..mm"'.................m................................................................mm....m.m.m................................................................."""""""""....m................. .............................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2000 Transportation Modeling Contract """""""'"""""""""""""""""""""""",."""""",.""""""""""""""""""""""""""""""""""""""""""""'"........................................................................................ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARIN G FYI RESOLUTION ST AFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ................................................................................................"""""""""""""""""""""'"""'m"'",,,'...m.............................."""""""""""""""""""""""""""""""'" ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated April 26, 2000 SUMMARY /BACKGROUND: This modeling effort is in support of the proposed comprehensive plan update from 1999 to analyze the impacts of the proposed amendments. The future land use data will be supplied by the Market I?~~~~~.~~~.IX.~.~~..~~.~~~.~~~~.~~.~~.~..~t~.~~.~.?.~~~~.~.~f?~.~~~.~.?~.~~.~.i.o/..I?~.Y.~!.?P.~~.~~P~P.~.~~:.~~:................................... ~ITY COUNCIL COMMITTEE RECOMMENDATION: At its May 1,2000 meeting, the Land Use and Transportation Committee forwarded to the full City Council for approval, the staff recommendation to authorize the City Manager to execute the 2000 Transportation Modeling Update contract with Mirai Associates in the amount of $49,991.00. ...........................".....................................................................,.........................""""""""""""""""""""""""""""""""............................................ ........................... CITY MANAGER RECOMMENDATION: Motion to execute the 2000 Transportation Modeling Update contract with Mirai Associates in the amount of $49,991.00. .~; ~ ;;~~;;; ~~~¡~~~;; ~~~ ~;;~~~~¡;¡~~ ;;~mmmmmmmmm \ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2000\2000 Transp Model.wpd CITY OF .- . - - ~.-.~ r7' ~ - - - -=.&.....1-=:::=.11 ~ '-- ~~~ DATE: April 26, 2000 VIA: Phil Watkins, Chair Land Use/Transportation Committee Richard A. Perez, Traffic Engineer ~ Sarady Long, Traffic Analyst David H. MO~nager 2000 Transportation Modeling Update TO: FROM: RE: Back~round Transportation models are used for forecasting travel demand for long term planning activities such as city comprehensive plan, corridor analyses, and alternatives analyses. The model output could be used to analyze the level of service at intersections and evaluate trip distribution for development projects. In addition, the model would also assist in growth management issues like concurrency and traffic impact fees. This modeling effort is in support of the proposed comprehensive plan update from 1999 to analyze the impacts of the proposed amendments. The future land use data will be supplied by the market demand analysis being conducted by ECO Northwest for the Community Development Department. On February 18,2000, the City issued a Request for Proposals to update the City's existing 1995 - 2015 Transportation Model to the year 2000 - 2020. The new model will reflect the latest land use and transportation network and would incorporate land use of the adjacent cities where available. The new model would be based on the Puget Sound Regional Council's model thus ensure consistency and compatibility in future update. One proposal, from Mirai Associates, was received on March 3, 2000. The total proposed scope of work was estimated to be around $80,000, however, the total budget amount for this contract is $40,000. Staff negotiated and revised the work tasks to shift some responsibilities to Traffic Division staff in an effort to reduce the contract amount to the current proposed amount of $49,991.00. Attached is Table 1, Scope of Work, proposed by Mirai Associates. In addition to the proposed modeling work by Mirai Associates, King County Department of Transportation (via an existing contract for traffic-related services) will be conducting traffic counts at various locations throughout the City to calibrate the transportation model. This work is estimated to cost approximately $15,000.00 and will be. paid for out of the Traffic Division operating budget. Recommendation: Place the following on the May 16, 2000 Council Consent Agenda: . Authorize City Manager to execute the 2000 Transportation Modeling Update contract with Mirai Associates in the amount of $49,991.00. RAP\SL:jg K:\t.UTí\?OOO\20()() m""~"M ",.-vi Table 1 Resources: Principal Assistant RSTII Sub Total Mirai RSTII Total Enginee Engineer r No. TASKS Hours Dollars .. TASK 1: Create 2000 Existing 136 24 224 303 $ 16,727.20 $ 15,960.00 $ 32,687.20 Conditions PM Peak Hour Trip Table 1 Assemble and Review Land Use 4 0 30 34 $ 470.40 $ 3,150.00 $ 3,620.40 data for Federal Way, neighboring Cities, external zones;Modlrv zone system 2 Create 2000 Network 10 30 40 $ 1,176.00 $ 3,150.00 $ 4,326.00 3 Set up four step process 65 8 72 145 $ 8,069.60 $ 7,560.00 $ 15,629.60 includina macros Trip Gen & PUM analysis 10 4 55 Trip Distbn. 20 4 Distribution analysis by districts 5 5 Modal share 16 4 Peaking 14 8 4 Create 2000 Trip Table and do 8 8 $ 940.80 $ - $ 940.80 assianment fj Calibrate the Model 48 8 20 76 $ 6,070.40 $ 2,100.00 $ 8,170.40 TASK 2: Create 2020 PM Peak 34 8 40 82 $ 4,424.00 $ 4,200.00 $ 8,62 Hour Trip Table 6 Assemble and review 2020 Land 4 4 8 $ 470.40 $ 420.00 $ 890.40 Use 7 Create 2020 Network 0 0 20 20 $ - $ 2,100.00 $ 2,100.00 8 Set up model process 20 8 16 44 $ 2,777.60 $ 1,680.00 $ 4,457.60 9 Creat 2020 PM Peak Hour Trip 10 10 $ 1,176.00 $ - $ 1,176.00 Table Meetings 8 8 16 $ 940.80 $ 840.00 $ 1,780.80 Travel $ 100.00 $ 100.00 $ 200.00 Total 177 24 200 401 $ 22,092.00 $ 21,100.00 $ 43,292.00 OPTIONAL TASKS Task 3:Professional Services for 12 4 16 $ 1,411.20 $ 420.00 $ 1,831.20 consultation Task 4: Model Documentation 28 0 15 43 $ 3,292.80 $ 1,575.00 $ 4,867.80 Total including optional tasks 40 0 19 59 $ 4,704.00 $ 1,995.00 $ 6,699.00 Grand Total $ 49.991.00 ..M~~~ç:..~~~~...M~.Y..!.~.~.~~.~~.........................................rr~.Mt! =.vi ............................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~y'~;J.~.ÇI~...~W.ç..Y~~.~g .p!;.~.~g~!~~......... .... ..... ..... ..................... ... ..... ... ........ ................. ... ...'..' ......... ... ... CATEGORY: BUDGET IMPACT: _CONSENT ORDINANCE X BUSINESS HEARIN G FYI RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... . ATTACHMENTS: Memo from Stan Finkelstein, A WC Executive Director, dated April 26, 2000. The City Council is asked to select up to three city officials or city employees who will serve as voting delegates to represent the city at the 2000 A WC Annual Business Meeting. ....................................................................................................................................................................................................... . SUMMARY /BACKGROUND: The names of voting delegates must be submitted to A WC by May 19, 2000. ................................................................."....................'................................................................................................................ COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: Following a selection ofthe city's three voting delegates, the City Clerk will advise A WC. APPROVED FOR INCLUSION IN COUNOL PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED _DENIED _TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # JVERCC.5/23/94 Awe 1076 Franklin St. SE Olympia, WA 98501-1346 (360) 753-4137, FAX 753-4896 ASSOCIATION OF WASHINGTON CITIES REMINDER April 26, 2000 1D: Mayors FROM: Stan Finkelstein, A WC Executive Director SUBÆCT: Registering Voting Delegates-2000 Annual Business Meeting Enclosed is a return post card for your use in advising the Association of Washington Cities (A WC) of the voting delegates selected to represent your city during A WC's 2000 arumal business meeting. The annual business meeting is tentatively scheduled to begin at 10:30 a.m. on Friday, June 23, at Cavanaugh's Inn at the Park. For your information in appointing voting delegates, the constitution of the Association of Washington Cities provides: "Each member city and town, prior to the annual meeting of the Association, shall designate three delegates who shall be duly elected or appointed officials or employees of such city or town to represent such city in the affairs of this Association, and shall file with the Executive Director certificates of such designation prior to the annual meeting; provided that the personnel of such delegates may be changed by such member city or town at any time that the Executive Director shall be notified of such change." "Each delegate shall have one vote on any business to come before the annual meeting, which vote shall be cast in person by the delegate or the delegate's proxy in attendance at the annual meeting. In no event shall a delegate be entitled to have cmnulative votes. Each delegate unable to attend the meeting may appoint and certify a proxy who also shall be an official or employee of the delegate's city or town, but who is not already a voting delegate ttom the delegate's city or town." Please complete the enclosed card with the names of up to three city officials or employees who shall serve as your city's voting delegates. Please return the card to the Association's office by Friday, May 19. This information will be used to prepare voting delegate badges and ribbons. If you have any questions, please contact Kathy Carlson of AWC at (360) 753-4137 ortoll-ttee 1-800- 562-8981. (!rr ~ SF/DH:jd ~ ( ~ Enclosure: Voting Delegate Card. ~ ~/( ~ /0 h-~. , ~~~~:¡~ Cooperation for Better Communities k t..f S- /I 7'1 ð (T ~ d