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HomeMy WebLinkAbout06/21/99 AGENDA CITY COUNCIL AGENDA MONDAY, JUNE 21, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. · General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance · Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Renewal of Interlocal Agreement with Kitsap County #AB99-111 for Traffic Signal Maintenance B. Lease Agreement with FTP Corporation for Radio #AB99-112 Broadcast Tower 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) ORDINANCES A. Ordinance (First Reading) Amending Chapter 9.48 of the Bremerton Municipal Code pertaining to Fireworks, to bring City Codes in compliance with State Codes B. Ordinance (First Reading) Amending Chapter 13.04.140 of the Bremerton Municipal Code, to allow the sale of alcohol during the "Blues Music Festival" on Sunday, July 18, 1999 #AB99-113 #AB99-114 10. ADJOURNMENT OF MEETING AGENDA BILL - BREMERTON CITY COL.'NCIL 1. SUBJECT: Renewal Of Interlocal Am:eement With Kitsap County lbr Traffic Si~m'ml Maintenance FOR AGENT)A OF: ORIGINATING DEPT: ORIGENATOR: DATE SUBMITTED: 2. CLE.MtANCE~: (comment on back Director. Public Works & Utilities Manager. Public Works Operations City Attorney City Treasurer Council Budget & Fiscal Committee Operations Committee Purchasing Supervisor June 21.1999 PWO Street Division Robert E. Tuip '-7-; ~? '"-- / June 7. 1999 EXHIBITS Interlocal Ageement with Kitsap Countv (CONSENT AGENDA) APPROYTD BY COU2'4CIL PRESJDENT' , ;/ ,.-- ~ : / ...-.-~/:" COLLNCIL PRESDENT ':~ ~,..-.,' ~/;. ,..~' SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed contract is for the Cit~' of Bremerton Public Works Operations Electronics Division to maintain traffic sig-nals in and ~+br Kitsa2 County. There are 27 si~_onalized intersections, throughout the County. xvhich the Electronics Division has maintained for several vears. RECOMMENDATION: That the Council consider approving the attached Lntertocal A~eement with Kitsap County and authorize the Max'or to sign the a~eement subject to City administrative policies and procedures. 9. RESPONSIBLE OFFrCIAL: ENTORCEMENT OFFICIA_L: EXPI~'ATION DATE: REVIEW DATE: Director, Public Works Utilities Manager, Public Works Operations PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: ~ ~"._~_/ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONT.): IMPACT ON NON-PASSAGE: Loss oCrevenue o IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Current staff, budget & equipment are in piace with this contract in mind. o RESEARCH SOURCES The City of Bremerton has been maintaining these sig-nals since they ;vere installed. INTERLOCAL AGREEMENT WHEREAS, Kitsap County owns Traffic Control Signals situated within Kitsap County,; and WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by County; NOW, THEREFORE, IN CONSIDERATION OF THE ~MUTUAL COVENANTS CONTAINED I-IEREEN, IT ~S HEREBY AGREED AS FOLLOWS: Section 1: Parties: This Agreement is by and between the City of Bremerton, hereinafter referred to as "Bremerton' and Kitsap County, hereinafter referred to as "County". Section 2: Term: This Agreement shall become effective on January. 1, 1999 for up to one year, and ending on December 3!. 1999. This Agreement shall automatically be renewed on a calendar vear basis unless written notice of termination is given by either party.' by the proceeding October I of any such year. Failure of either part)' to notify the other of such termination on or before October 1 of anv such year shall cause this Agreement to automatically be renewed for the next ensuing calendar year. Section 3: Payment: In consideration for the services provided. County shall pay' B remerton One Hundred Forty-eight and 96/100 Dollars (S148.96) per month, per signal for the first year of this agreement, due to Bremerton in monthly installments thirty (30) days after receipt, beginning on January 17 1999. In the event that County adds traffic control signals requiring maintenance, County shall pay the sum of One Hundred Forty-eight and 96/100 Dollars ($148.96) [NTERLOCAL AGREEMENT - 1- Kccmn~, Agt - .N'Tu~ Agmta I - 6,7,99 per month, per signal for each signal added, which will be paid monthly thirty. (30) days after receipt and pro-rated to the date to activation of the traffic control signals. At the beginning of each successive year thereafter, all charges shall automaticallv be adjusted by the percentage change in the "All Items" category, of the Consumer Price Index for All Urban Consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Tacoma metropolitan statistical area (1982-84= 100), as published for the month of June. If at any time during the term of the contract the practice of computing the Index for the City. of Seattle shall be abandoned or altered by the U.S. Department of Labor, and not assumed by some other federal or state governmental agency, then there shall be substituted therefor in Bremerton's sole discretion the then most nearly comparable cost of living index. Section 4: Service Provided: (a) Bremerton shall provide electronic, eiectncai repairs, electrical inspection and preventative maintenance as requested or directed bv the County Enmneer. Prowded. Bremerton shall not be required to perform ma_ior electrical repairs as determined bv the County Engineer and Bremerton's Electronic's Supervisor. and, Provideckfitrther. Bremerton shall not be required to perform eiectricai repairs where labor costs exceed Five Hundred and 00/I00 Dollars ($500.00) per occurrence. (b) Bremerton shall provide repair parts which shall include, but are not limited to. transistors. integrated circuit chips, resistors, diodes, capacitors, tubes, wire, and modules; Provided, Bremerton shall not be required to provide major components and/or assemblies; and Provided, fi~rther, the determination of what constitutes a major component and/or assembly shall be made by the County City Engineer and Bremerton's Electronics Supervisor. INTERLOCAL AGREEMENT -2- KcounW Agt - Nqq Agrnts I - 6/7,;99 Bremerton shall not be required to provide repair components assemblies in excess of Five Hundred Dollars ($500.00) in value. (c) Bremerton shall provide labor and materials to repair luminaries not to exceed Five Hundred Dollars ($500.00) per calendar year. (d) Bremerton shall provide annual lamp changes for all indications as required. ,All yellow lamps and the 3M heads will be relamped once every, ten (10) years. Bremerton will replace all lamps, or L.E.D. indicators and heads, as needed, upon breakage or burnout. Counw to provide red L.E.D. indicators to replace red lamps at County's cost. Bremerton will provide labor at no extra cost while performing annual lamp change to install L.E.D. indicators. (e) Bremerton shall provide labor and materials for the repair of defective traffic signal loops. Bremerton shall not be responsible for saw cutting and sealing of traffic signal loops, replacement of loops due to damage created bv contractors, or additional loops necessarv for intersection up~ade or design change. (f) In the pertbrmance of the services set forth in ia'} through (e) above. Bremerton shall be responsible for and shall provide and pay all ',,cages. salaries, tools, vehicle usage, training, utilities, postage, freight, telephones, overhead costs, and ail other direct or indirect costs or expenses incurred. Section 5: Equipment: Bremerton shall provide services described in Section 4. for the traffic control equipment located within County. The equipment includes and is limited to: a. Traffic signal controller equipment: b. Traffic signal indicator lead switches; INTERLOCAL AGREEMENT -3- Kcoun .ty..Agt - NN Ag;mm I - 6,7/99 c. Traffic signal detection equipment: d. Traffic signal conflict monitor units; e. Traffic signal pre-emption equipment (OPTICOM); f. Traffic signal auxiliary cabinet wiring; o Traffic sianat loops: h. Miscellaneous flasher, school warning and fire station signaling equipment; i. Street lighting at traffic signal locations, including control, ballast, photo cells, igniters, and lamps; j. Other street lighting locations, including control, ballast, photo cells, igniters, and lamps; and Section 6: Time of Service: The services set forth in Section 4 shall be available Mondav through Fridav during regular business hours..After re__maiar business hours and during weekends, and holidays, Bremerton shall have availai~ie for County. those same services as it provided for its own needs. Provided. during weekends, holidays or after regular hours, if County is unable to secure services from Bremerron listed in this Agreement. then Countv may secure such services elsewhere and deduct the cost thereof from any amounts owning or to be owed to Bremerton under the contract. Bremerton shall make avaiiabie to County telephone numbers through which services can be obtained. Section 7: General Conditions: a. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been INTERLOCAL AGREEMENT -4- Kcounty Agt - NN Agmts I - 6/7,99 fullv set forth in the text of this Agreement. b. Aa-nendments - The parties herebv further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. c. Notices - Any notices required to be given bv Bremerton to County, or by Countt to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Kitsap Countv Traffic Engineer Public Works Department 614 Division Street MS-26 Port Orchard. WA 98366 d. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such. nor shall any waiver or relinquishment of such right or power at anv time be taken to be a waiver of any other breach. e. Compliance with State. Local and Federal Laws - Parties agree to comply xvith all applicable local, state and federal laws in performance of all services under this Agreement. f. Applicable Law': Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and. in the event of dispute, the venue of anv action brought hereunder shall be in Kitsap County Superior Court. Section 8: Nondiscrimination: Bremerton shall not discriminate in emplo.vment or services provided on the basis of race, color, national origin, sex. religion, age. marital status or disability in employment or the provision of services unless an employment action based on a bona fide occupational qualification. Section 9: Termination: This Agreement may be terminated by either party, without cause, upon six (6) months written notice to the other party, or for cause if either party fails substantially INTERLOCAL AGREEMENT -5- Kcoun~.Agt - NN Agmts 1 - 6;7/99 to perform through no fault of the other and does not commence correction within five (5) davs of written notice and diligently completes the correction thereafter. IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and year written below. BOARD OF COUNTY COMMISSIONS CITY OF BREMERTON BY: BY: CHAmPERSON LYNN' S. HORTON, Mavor BY: DATE: COMMISSIONER BY: C OlVh~ff S SION-ER DATE: APPROVED AS TO FOtLM: .&PPROYTD AS TO FORUM: BY GLEN%-A MALANCA, City Attorney Received for filing: Kathleen McCluskey. City Clerk INTERLOCAL AGREEMENT -6- KcounW .4.~. NN Agmts I - 6~7/99 APPENDLX "A" The following is a list of the traffic signal, flasher, school warning, fire signal, and street li~ting installations that are covered by the A_m-eement and is hereby appended to the contract: SIGNALS 1. Anderson Hill Road & Provost Road 3. 4. 5. 6. 7. 8. 9. 20. 23. 24. 25. 26. 27. Bethel Avenue & Wal-mart Bucldin Hill Road & Mickelberry Road Bucklin Hill Road & Randall Wav Bucklin Hill Road & Tracyton Bouievard Central Valley Road & Fairgounds Road Kitsap Mall Boulevard & Plaza Road Kitsap mall Boulevard & Randall Way Lund Avenue & Bethel Avenue Lund Avenue & Jackson Avenue Mickelberry Road & Myhre Road Mickelberry Road & Ridgetop Boulevard Mile Hill & Village Lane National Avenue & Lo~e Egans Boulevard Pine Road & RiddeLl Road Randall Wav& North Poim Mall Ridgetop Boulevard & Hillsboro Drive Ridgetop Boulevard & Mvhre Roa~ Ridgetop Boulevard & Pinnacle Silverdale Way' & Buckiin Hill Road Silverdale Way &Bvron Street Silverdale Wav& District I Fire Station Sitverdale Way & East Kitsap Mall Entrance Silverdale Way & Kirsap Mall Boulevard Silverdale Wav& Myhre Road Silverdale Wav& Pedestrian Crossin_~ Silverdale Way & Randall Wa,,' FLASHERS 28. Lincoln Road & Widme Road {Eagies Approach) 29. Waghom Road & Pioneer Wav 30. Clear Creek Road 8,: Half,Mile Road 31. Brownsville Hiway S-curves (2 units} 32. Bucklin Court 33. Alder & Jacobsen 34. Trenton Avenue & East 30th 35. Newberry Hill Road & Dickey Road INTERLOCAL AGREEMENT --7-- TF.AFFiCT.AGT - NN a~sl - 5,"i~,,'9~ 36. Seabeck Hiway & Holly Road 37. Seabeck Hiway & Newberry Hill Road 38. Silverdale Way & .Anderson Hill Road Crosswalk 39. Southworth Drive at Harper Dock 40. Southworth Drive at Stolhton Road 41. Sylvan & Trenton 42. Sydney & Lider SCHOOL FLASHERS 43 44 45 46 47 48 49 50. West Kingston Road - Kingston Junior High School Barber Cut-off.Road - Gordon Elementary Waghom Road - Briedablik Elememary Clear Creek Road - Momissouri School (Private) Olympic View Road - Cougar Valley Elementary Central Valley Road at Foster - Cottonwood Elementary Central Valley Road - Woodlawn Elementary Tracyton Boulevard (May Street) - Tracyton Elementary STREET LIGHTING ~1 Street Lighting Mounted on Traffic Poles at intersections. ** Ail other street lighting, time & materials, by request INTERLOCAL AGREEMENT -8- AGENDA BILL BP. EMERTON CITY COUNCIL SUBJECT: Radio Broadcast Tower Lease with FTP Corporation FOR AGENDA OF: June 21. 1999 ORIGINATING DEPT: Admin. Service~ ORIGINATOR: K. McCluskey DATE SUBMITTED: June 17. 1999 (comMent on back if City Attorney Parks Director Operations Fiscal/Budget n~~~ Lease Agreement ENDORSEMENT ~ 4. S~Y STATE~NT ~D ~OUIRE~NT FOR CO~CIL ACTIQN: The existing radio broadcast tower at Forest Ridge Park has changed ownership. The new owner, FTP Corporation, has agreed to lease the existing tower site for three years with a three year option to renew at $451.36 per month rent including CPI inflator. RECOMMENDATION: Motion to approve the radio broadcast tower lease with FTP Corporation. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVED~]NDED 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.!: IMPACT ON NON-PASSAGE: Loss of tower lease revenue. e IMPACT ON STAFFING. BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT T}tlS LEASE AGREEMENT entered into by and between the City ofBremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and FTP Corporation, (hereinafter referred to as "Lessee"). WITNESSETH: 1. PREMISES. The City hereby leases to the Lessee real property for housing, installing, constructing, operating and maintaining certain telecommunications facilities, said real property and facilities being more specifically described and/or depicted in Schedule A, attached hereto and specifically incorporated herein (hereinafter referred to as premises). Lessee agrees to accept such real property for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment LEASE AGREEMENT - 1 FTP Corporation - June 14, 1999 storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A and pursuant to successful completion of all requisite permit processes. City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week access over the property to the Premises adequate to service the Premises and the telecommunication facilities at all times during this Lease at no additional charge to Lessee except Lessee shall agree to sign a mutual road maintenance agreement to be provided by City with all other users of access roads not included in the public road system and Lessee shall agree to share equally the annual charge of maintaining the access roads not to exceed Three Hundred and No/100 Dollars ($300.00). Which amount shall be increased annually in January based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84= 100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted. 4. LEASE APPLICATION. Any person that desires to solicit the City's approval of a Lease shall file a lease proposal with the City which shall include the following: A. The identity and legal status of the applicant, including any affiliates; B. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of the lease application statement; LEASE AGREEMENT - 2 FTP Corporation - June 14, 1999 C. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City, or to those outside the City limits using facilities located within the City; D. A description of the telecommunications facilities or other equipment proposed to be located upon City property; E. A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment; F. Signed set of owners drawings, preliminary plans and specifications in sufficient detail to identify: (1) Manufacturer standards, punch list on workmanship inspections for future sign-offby City inspectors for all telecommunication facilities being proposed by Lessee. (2) The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. (3) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. G. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment; lt. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; I. An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease; J. A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions; K. Evidence that the applicant has explored possible co-location sites on existing tower sites on City or private property. L. Such other and further information as may be requested by the City; and LEASE AGREEMENT - 3 FTP Corporation- June 14, 1999 ($500.00). Me A non-refundable application fee of Five Hundred and No/100 Dollars 5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. 6. TERM OF LEASE. This Lease shall be valid for a term of three (3) year(s) commencing ,19 and terminating ., 20__ including an option to renew for one additional three (3) year term pursuant to Section 17 hereunder. Compensation will be renegotiated for renewal option. 7. COMPENSATION TO THE CITY. This Lease is subject to the City's fight, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereat'ter during the term of the Lease, Lessee shall pay rent at a rate of $451.36 per month, prorated for any partial months. At the beginning of each successive year therea~er the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84= 100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease. Any payments received alter the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. The rental fee rate will be reviewed annually. 8. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, leasehold excise, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 10. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; LEASE AGREEMENT - 4 FTP Corporation - June 14, 1999 B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; property; The Lessee owns and/or controls the tower facility located on City 11. IMPROVEMENTS. During the term of this Lease if Lessee wishes to expand the initial configuration contained in Schedule A, Lessee will submit a new application pursuant to Section 4. Compensation for the proposed expansion will be negotiated upon approval of the application. 12. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed to convey only the right to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 13. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits. approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 120 days written notice to the City. However, no prepaid rent shall be refundable. 14. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and the Lessee cannot resolve this interference with the other tenants, the Lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept LEASE AGREEMENT - 5 FTP Corporation - June 14, 1999 such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease. 15. TECItNICAL STANDARDS. Lessee shall operate its telecommunications facilities in complete compliance with rules and regulations of the Federal Communications Commission and shall furnish City with a copy of its current license and all subsequent renewals for City's files. A copy of said license shall be posted at all times on Lessee's equipment at subject site. Lessee shall operate its equipment in compliance with the applicable standards for this site as established by the Western Washington Cooperative Interference Committee (WWCIC) Engineering Standard #6 Rev. C (02-97) for Radio Transmitting and Receiving Devices and FM Broadcast, hereinafter incorporating future amendments. 16. OWNERSItlP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, become the property of the City if not removed by the Lessee upon 30 days written notice from the City. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 17. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) davs nor less than sixty (60) days before expiration of the current Lease, file an application with the City for renewal of its Lease which shall include the following: A. The information required pursuant to Section 4; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non-refundable application fee in the amount of Five Hundred and No/100 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. LEASE AGREEMENT - 6 FTP Corporation - June 14, 1999 18. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 19. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its fights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 20. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon therea~er as possible if advance notice is not practicable. 21. MAINTENANCE OF LEASE FACI~,ITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 22. SIGNAGE. Lessee shall display a current si~m on telecommunication facilities identifying Lessee, address and a 24 hour phone number. 23. RELOCATION OR REMOVAL OF FACILITIES. Within ninety (90) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the Citv Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and public ways. The operations of the City or other governmental entity in or upon the LEASE AGREEMENT - 7 FTP Corporation - June 14, 1999 C. The facilities unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 24. REMOVAL OF UNAUTItORIZED FACiLITIeS. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City may, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property ora Lessee shall be deemed abandoned iflef't in place 30 days after expiration or termination of the Lease; Ce If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If LEASE AGREEMENT - 8 FTP Corporation - June 14, 1999 the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 25. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 26. DAMAGE TO FACILITIlgS. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 27. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. LEASE AGREEMENT - 9 FTP Corporation - June 14, 1999 28. FACII,ITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 29. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from any one accident; and (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, LEASE AGREEMENT - 10 FTP Corporation - June 14, 1999 employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIHCATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting fi.om personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way,, easements, and property fi.om activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited before construction is commenced. LEASE AGREEMENT - 11 FTP Corporation - June 14, 1999 A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of 'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, no system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: LEASE AGREEMENT - 12 FTP Corporation - June 14, 1999 O) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant pursuant to Section 4 with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee set by Section 4. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part ora system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly noti~ the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee' s company. Every change, transfer, or acquisition of control of a Lessee' s company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: LEASE AGREEMENT - 13 FTP Corporation - June 14, 1999 A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; Ge City property; Abandonment of telecommunications facilities in the public ways or upon H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that the City believes that grounds exist for revocation of this Lease, the Lessee shall be given written notice of the apparent violation, default, or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Lessee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation, default or noncompliance; B. That rebuts the alleged violation, default or noncompliance; and C. That it would be in the public interest to impose some penalty or sanction less than revocation. LEASE AGREEMENT - 14 FTP Corporation - June 14, 1999 37. ItEARING. In the event that the Lessee fails to provide evidence reasonably satisfactory to the City as provided in Section 36 hereof, the City shall refer the apparent violation, default or non-compliance to the City Council. The City Council shall provide the Lessee with notice and a reasonable opportunity to be heard concerning the matter. 38. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease or through willful misconduct or gross negligence failed to heed or comply with any notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the election of the City Council and upon thirty (30) days prior written notice by City, forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City Council. The City Council may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including obtaining an order from the Superior Court having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The City Council shall utilize the following factors in analyzing the nature, circumstances, extent, and gravity of the violation and in making it's determination under this Section: A. Whether the misconduct was egregious; B. Whether substantial harm resulted; C. Whether the violation was intentional; requirements; Whether there is a history of prior violations of the same or other E. Whether there is a history of overall compliance; and F. Whether the violation was voluntarily disclosed, admitted or cured. 39. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. LEASE AGREEMENT - 15 FFP Corporation - June 14, 1999 40. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or. located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general fight to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 41. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 42. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within ten (10) days alter request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LEASE AGREEMENT - 16 FTP Corporation - June 14, 1999 LESSOR: City of Bremerton Administrative Services Director 239 Fourth Street Bremerton, WA 98337 LESSEE: Bart Seidler or Chris Hanley FTP Corporation 71 Yesler Way Seattle, WA 98104 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. FTP CORPORATION Date: Date: CITY OF BREMERTON Date: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney // // LEASE AGREEMENT - 17 FTP Corporation - June 14, 1999 State of Washington County of Kitsap SS. On this __ day of ., 19 , personally appeared Lynn S. Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged 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 she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: KATHZEEN L. McCLUSKEY, City. Clerk LEASE AGREEMENT - 18 FTP Corporation o June 14, 1999 FTP CORPORATION 71 Yesler Way Seattle, Washington 98104 Chris Hanley (206) 405-4210 (206) 622-5544 Kathleen McClusky, Director Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98337 April 7, 1999 Dear Ms. McClusky: As discussed with Paula Johnston, we are applying for a transfer of the lease to the property, which is now leased from the City for KBRO Radio. FTP Corporation is providing the following so that we may process the lease transfer as soon as possible: 4A. Identity and Legal Status: FTP Corporation 4B. Name, Address, Phone, Title of Responsible Officer: Bart Seidler or Chris Hanley FTP Corporation 71 Yesler Way Seattle, WA 98104 (206) 622-5544 or (206) 405-4211 Executive Offices: (415) 346-2323 4C. Services to be provided: Minority/Community Radio Programming 4D. Description of the telecommunication facilities or other equipment Proposed to be located on City property: AM Broadcast Bank transmitter, antenna and associated equipment, Comprised of equipment located in building on-site and one 9" x 9' x 150' tapered, self-supporting tower as the radiator. 4E. Description of the City Property upon which the Applicant proposes to locate Telecommunications facilities or other equipment: A portion of the SE quarter of the SW quarter of the SE quarter of Section 15, Township 24 N, Range 1 E, W.M., more particularly described As follows: BEGINNING at the SE corner of the SE quarter of the SW quarter of the Of the SE quarter of Said Section 15; then N 89 00'22~ W on the S line of Said Section 15 at a distance of 585.46 feet; thence N 0 $9'38~ E a distance of 254.81 feet to the true point of BEGINNING; thence N 67 10'07~ W a distance of 45.00 feet; thence N 22 29'$3~ E a distance of 35.00 feet; thence S 67 10'07~ E a distance of 45.00 feet; thence S 22 39'$3~ W a distance of 35.00 feet to the true point of BEGINNING; containing 0.036 acres. 4F. Signed set of Owner's drawings, Preliminary Plans and Specifications in sufficient detail to identify: Manufacturer standards, punch list or workmanship inspections for future Sign-off by City inspectors for all telecommunications facilities being Proposed by Lessee. Equipment is type-accepted by Federal Communications Commission (FCC) for use in the AM Broadcast Band. The location(s) of existing telecommunications facilities or other equipment upon City property, whether publicly or privately owned. All equipment, with the exception of the radiating tower, is located Within the 16' x 16' block building existing on City property. The Radiating tower is situated on four concrete pier foundations located To the East of the building. The location and source of electric and other utilities required for the Installation and operation of the proposed facilities. Electric Utility: The source of electrical power is a pole-mounted Transformer provided by Puget Sound Energy, located at the North Side of the intersection of First and Hartford Streets. Telephone Utility: The source of telephone utilities is a pedestal provided by US ...... ~,~ ~ ........ thc veh~cl~~a,eo · fo~, , the t~:~.,~,: ~wee~ o .... ~' Road leading to the top of Forest Ridge Park. 4G. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the Aesthetic impacts of the proposed telecommunications facility or other equipment. See Attachment A and Attachment B. 4H. Whether the Applicant intends to provide Cable service, video dial tone service or other Video programming service, and sufficient information to determine whether such service is subject to Cable Franchising. No video service of any kind is planned. 4I. 4J. 4K. 4L. 4M. An accurate map showing the location of any existing telecommunications facilities in the City that Applicant intends to use or lease. See Attachments A and B located on the site described in 4E above. Description of Services: Radio/Public Service announcements. Evidence that the Applicant has explored possible co-location sites on existing tower Sites on City or private property. This is an existing tower site on City owned property. As requested by the City, please see Attachments for FCC License. Application fee. $500.00 is enclosed. Compensation to the City This Lease is subject to the City's fight, which is expressly reserved, to Annually fix a fair and reasonable compensation to be paid for the fights Granted to the Lessee; starting on the Commencement Date and on the First day of each month thereafter during the term of the Lease, Lessee shall Pay a rent at a rate of an increase based upon the CPI. We look forward to a long-standing, continued relationship with the City of Bremerton. If there are any questions as to our application, please do not hesitate to call. Cordially, Bart Seidler ,~. cc: Paula Johnston Enclosures 1. SUBJECT: An Ordinance amending Chapter 9.48 of the B.M.C. AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMIT'TED: 6/21/99 Fire Al Duke 6/8/99 2. CLEARANCES: Comment of back if necessary) Operations C o m mitt~~/~'~'~/ City Attorney ~--~~' 3. EXHIBITS: B.M.C. Chapter 9.48 ENDORSEMENTS \ INFORMATION 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Chapter 9.48 of the Bremerton Municipal Code pertains to fireworks within the City of Bremerton. This proposal is to bdng the BMC in compliance with State RCW's and WAC's. The major changes to the ordinance is identifying which fireworks are allowed to be discharged, fireworks stands shall have an adult 18 years of age or older in attendance at all times, and no selling of fireworks to any person under 16 years old with photo identification. 8. RECOMMENDATION: That the Bremerton City Council approve Ordinance # That the Bremerton City Council pass Ordinance # on first reading. on second reading. 9. RESPONSIBLE OFFICIAL: Fire Chief ENFORCEMENT OFFICIAL: Fire Chief EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AMENDED 9A 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: State Law and the BMC as written will remain in effect. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: WAC 212.17 Ordinance # AN ORDINANCE amending Chapter 9.48 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 9.48.030 is hereby amended to read as follows: 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Al! scfe c.",d c=.".e Only "common fireworks" authorized by WAC 212.17, except toy caps e,~-sf~, shall be sold only from temporary stands which conform to the written rules and regulations of the fire chief of the City. (b) Each fireworks stand shall have and adult (18 years of age or older) in attendance at all times. No person under the age of 16 years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEAR OLD, PHOTO ID REQUIRED". (d) All permittee shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief Section 2. Amendment. Section 9.48.050 is hereby amended to read as follows: 9.48.050 HOURS AND DAYS OF USE SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws of the State of Washington. Only "common fireworks" authorized by WAC 212.17 are to be discharged during that time period. (b) Sales of fireworks shall be prohibited except from twelve o'clock noon on June 28th to 11:00 p.m. July 4th, in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code. (c) It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to property of another. (d) The possession of any class or kind of fireworks in violation of the provisions of this Chapter is prohibited. Section 3, Amendment, Section 9.48.080 is hereby amended to read as follows: 9.48.080 ENFORCING OFFICER DESIGNATED. The fire chief of the City or his duly authorized representative is designated as the enforcing officer of this chapter. "~"~ ~'~' ~'"" ~' .... *~' .... *~-'--;*', * ...... ~- ..... ;* ............................... j ......... ~-' ~, ....... Section 4. New Section. Section 9.48.080 is hereby added to read as follows: 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY The Fire Chief may at any time suspend or revoke any permit issued under this provision of this Chapter, if the permittee has: Violated any of the provisions of this Chapter, or any of his servants, agents or employees have done so; Made any false statement or misrepresentation of fact in connection with obtaining the permit; Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by RCW Chapter 70. 77, or this Chapter, to be done without a license, suspended or revoked; Has had any insurance coverage required by this Chapter cancelled, revoked, or lapsed. Section 5. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ 1999 PASSED by the City Council of the City of Bremerton this __ day of day of ,1999 MICHAEL SHEPPARD, Council President APPROVED this day of 1999. LYNN S. HORTON, Mayor ATTEST: KATHY McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Amendment to City Ordinance ~13.04.140 FOR AGENDA OF: June 21, 1999 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Charleen Bumette, Recreation Recreation Program Coordinator II DATE SUBMITYED: June 16, 1999 CLEARANCES: (Comm~to~b~kifn~.~0-/'! ~3, -- 3. EXltmlTS: earks&RecreationDirec~:~.~///P4~-b/~-x~' ~* Amendment to ordmance 13.04.140 Fiscal & Budget Committee: Heard at Study Session 6/16/95 OperationsCommi~ee: Heard at Study Session 6/16/99 4. SUMMARY STATEMENT AND REQUIREMlgNT FOR COUNCIL ACTION: The Parks & Recreation Department is requesting an amendment to City Ordinance # 13.04.140 to allow the sale of beer and wine at the Blues Festival on Sunday, July 18, Noon - 7:30pm. RECOMMENDATION: Motion to approve ordinance on first reading. Motion to pass Ordinance No. on second reading. 9. RESPONSIBLE OFFICIAL: Jocli Wroblewslci ENFORCEMENT OFFICIAL: Jodi Wroblewski EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL #: qq' 114 2. CLEARANCE COMMENTS: 5o IMPACT OF NON-PASSAGE: No alcohol at the Blues Festival sponsored by the Bremerton Parks & Recreation Department. 6. IMPACT ON STAFHNG, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: There will be no impact on staffing, facilities, equipment or other resources. The Parks & Recreation Dept. will receive a donation from B.A.R. in an amount equal to 50% of it's net revenue from this event. 7. RESEARCH SOURCES: ORDINANCE AN ORDINANCE amending Chapter 13.04 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 13.04.140 of the Bremerton Municipal Code shall be amended to read as follows: 13.04.140 INTOXICATING LIQUOR. It is unlawful to bdng into or consume in any park any whiskey, wine, beer or other intoxicating liquors, provided that the City Council may permit the consumption and selling of intoxicating liquors dudng the blues music festival on Sunday, July 18, 1999, between the hours of 12:00 PM and 7:30 PM, at Pendergast Regional Park. Such permission will only be granted by approval of an agreement requiring insurance and necessary permits. The agreement will be subject to approval of the City Attomey as to form. Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of , 1999. PASSED by the City Council of the City of Bremerton this ~ day of ,1999. MIKE SHEPHERD, Council President APPROVED this day of ,1999. ATTEST: KATHLEEN McCLUSKEY, City Clerk LYNN HORTON, Mayor