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