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HomeMy WebLinkAbout04/08/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CiTY COUNCIL AGENDA APRIL 8, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 5. 6. 7. CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. 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. Minutes - March 25, 1998 #AB98-070 B. Professional Services Agreement-Bremerton Main #AB98-052 Street Association CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) il NEW BUSINESS A. Revisions To 1998 Community Development Block Grants Application to Participate In The Grant Process From The Washington State Department Of Health, Office Of Emergency Medical & Trauma Prevention (CONTINUED NEXT PAGE) #AB98-O71 /~ #AB98-072 '¢'74 C. Budget Adjustment For Staffing In The Fire Department D. Radio Broadcast Tower Lease With Triangle Broadcasting Company #AB98-073 ~ / #AB98-074 ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT':- MINUTES - MARCH 25, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 4-8-98 City Council David Farr~ President 4'-1-98 2. ~: (comment on back if necessary) ENDORSEMENT INFORMAT I O N MAY6R APPROVED B~ COUNCIL COUNCIL PRESIDENT R SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL AcTION: 8. R$COMI~ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORC~4FNT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PUT,T,ED TABLED COUNCIL DIRECTIVE: 10. NOTIC~ OF ACTION APPROVED .DISAPPROVED ...DATE AMENDED 11. AGENDA BITJ, NO: TAPE #1534 UNAPPROVED DRAFT CITY COUCIL MEETING MINUTES MARCH 25, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 25, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Pastor David Snapper of Anchor of Hope Christian Reformed Church. President Farr made the following announcement(s) (1) Immediately prior to the Council meeting the Council held a Study Session to discuss general Council business. (2) The City Council will hold a Study Session immediately following the Council meeting, in the Council chambers, to discuss Kitsap County's proposed Comprehensive Plan CONSENT AGENDA A. Minutes of Meeting - March 11, 1998 #AB98-061 #0069 MISIClU(McConnelllMontgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council #0088 M/S/C/U (Montgomery/Arends) On March 25, 1998, the Council does approve for payment those vouchers included and further described as follows: 218095 through 218105 in the amount of $239,078.05. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 2 of 9 COUNCIL MEMBER REPORTS Mr. MontRomery referenced a newspaper article in today's "SUN" entitled "Business leaders criticize City leaders' downtown efforts". Unfortunately, the reporter was not present during the entire meeting and only reported part of what was discussed. Mr. Montgomery stated he did not know who the "downtown leaders" were based on his attending those meetings for approximately two years. The only person he viewed as a leader was the person responsible for issuing Agendas for those meetings. He suggested the individuals that criticized the City should look at themselves and analyze what they are trying to accomplish. Mrs. Arends announced, the passing of Chuck Higgins, who was a member of the Lodging Tax Advisory Committee. Chuck was one of the prime movers on that committee, his efforts were greatly appreciated, and he will be missed. She extended condolences to the Higgins family. Funeral service will be held March 26, 1998, 2:00 P.M., at the Poulsbo Mortuary. Mr. Shepherd, reminded everyone that the next District #5 Neighborhood Meeting .would be held March 26, 1998, 6:30 PM. - 8:30 P.M., at Memorial Lutheran Church. He noted Mr. Higgins did do a great service for Bremerton. He also reminded the public the City of Bremerton and the Bremerton Environmental Committee wills co-host the City of Bremerton Water Quality Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public Works Facility. Recently he learned that the Warren Avenue Burger King restaurant, following efforts by Mr. Dickerson and several other Blockwatch groups from Districts #4 and #5, will be activating a type of block watch program to improve conditions in that area. Part of that action will be the removal of the outside telephone booth and Burger King will become a more active player in spotting and reporting loitering and other undesirable activities in their vicinity. He commended Bremerton residents for being active and proactive within the community. Mr. Overson pointed out the Block watch group in the area described by Mr. Shepherd, purchased a utility light pole and light as part of their Block Watch program. Mr. Rich Yentz, who lives in that area, works with others such as Mr. Dickerson to resolve concerns. He too felt the article referenced by Mr. Montgomery could have been written better with a more positive slant toward the City. He talked directly with the author of that article and he feels the results of that discussion were not reflected as well. He announced Old Wooley's would be opening soon in the old Woolworth building at Pacific and Burwell. Mr. Law announced the next Distdct #3 Neighborhood Meeting is scheduled for April 21. At the last City Council meeting, a citizen expressed concern over a statement that was made by a City Council member. At the end of her TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 3 of 9 comments, the City Attorney informed her that the Council would not accept public input of derogatory remarks. The City Attorney read a statement out of the City Council's Policies and Procedures Manual: "Personal complaints, especially those of a deroRatory nature a,qainst any official or employee of the City shall not be discussed at a City Council meetin,q". That rule also stated that citizens wishing to make such complaints should put their complaint in writing and submit it to the Mayor's office and not give dse to public discussion thereon. After receiving a number of calls on this issue, Mr. Law felt strongly that citizens have the dght to come before the Council and voice any complaint or concern they wish and the City Council has an opportunity to make replies the following week. Council is not limited by the 3-minute rule and can say whatever is deemed appropriate. In his opinion, it was not appropriate for the City Council to tell a citizen that they can't complain. He also believes that verbiage in the Council Policies and Procedures was meant more for City employees, who can't fight back or reply. When members of the Council ran for office they accepted the responsibility to act responsibly and to be open for criticism: We should not be in this position if we build a little wall between ourselves and the public who get concerned about Council's actions. He was quite surprised that the news media had not jumped on this issue because he believes it is pretty close to the First Amendment rights of people to express their concerns and thoughts. While Council did go "by the book" he did not think the book was intended to be used in that manner. Mr. McConnell stated in reference to the rule that was quoted by the City Attomey from the Council Policies and Procedures Manual, he did not believe that the citizen made a derogative or slanderous remark. A citizen wanted to know whether or not a Council member believed one thing or another. He found it quite disturbing that a citizen coming before the City Council would be threatened by having that rule read to them. He pointed out that rule had never been read to a Council member and he doubted any of them had been perfect during their comments concern the public. Council should be more concerned about their own image than the image of the people speaking before the City Council. He disagrees with the City attorney instructing Council not to answer questions proposed by a citizen, yet the Council was allowed to answer almost identical questions for the Council Salary Commission, which in his view presented a conflict since they would be setting the Council's salary. Nothing has been done to address the appearance of conflict that was present in that situation. He hoped this Council and the City could get its act together. In his opinion, the citizens in the City are the elected officials' bosses. Had this same attitude been in affect before he was elected to the Council, the Council/City probably would have sued him because as a neighborhood activist he got rather raunchy at times. As a seated Council member, he believes it is his turn to listen to the public. He hoped the City Council would have more patience with the citizens of Bremerton. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 4 of 9 Mr. Olsen reported on March 20, 1998, he and his wife received many calls about a major concern that exists in District #1. He wanted those residents to know that issue is being investigated by the City. Mr. Farr stated at the previous Council meeting, during Public Recognition, the City Attorney read Section 5 - Complaints, and he did not recall her indicating anything about "slanderous". That rule specifically prohibits complaints, especially those of a derogatory nature, which if made should be in writing and processed through the outlined procedure. He disagreed with Councilmen Law and McConnell in that the rule has been in affect prior to his being seated on the Council and on at least one occasion he recited it during a Council meeting. That rule is not meant to stifle anyone's freedom of speech or anything close to it, but to maintain some semblance of order during a Council meeting. The Public Recognition portion of the meeting is not meant to be a free-for-all or an argument to continue. As far as the statement there was a rule that Council will not respond to citizens' complaints at Council meetings, to his knowledge there is not a rule. That issue was discussed at the Council's Retreat and a consensus of the Council felt it was possibly a good idea because citizens' questions do deserve a careful considered answer. He emphasized the Council Policies and Procedures Manual can be revised any time a majority of the Council members decides there is a need for revision. Rule 7 - Parliamentary Procedure states" "The "Standard Code of Parliamentary Procedure", McGraw 1993, shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Chairperson of the meeting shall have the authority to make a final ruling on all issues of procedure." He noted unfortunately that was one of the more unpleasant aspects of his responsibility as Council President. MAYOR'S REPORT Mayor Lynn Horton announced the City is looking for High School students (grades 10, 11, and 12)from Bremerton High School, Central Kitsap High School, and Olympic High School, to apply for the Kure, Japan Sister City Program. The Bremerton Central Lions Club and the City of Bremerton jointly sponsor this program. ^pplication deadline is April 20, 1998. The City is also seeking host families for Japanese students, who will arrive in Bremerton July 26 and depart on August 23, 1998. Anyone interested in being considered for a host family should contact the Mayor's office. Mayor Horton announced on March 27, 1998, Governor Locke will sign SB- 6325/Ferry Bill, which also includes the passenger-only boats. Mayor Horton welcomed Boy Scout Troop 1542, who were in the audience as part of their training. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 5 of 9 Mayor Horton reported today she attended the Water Festival at Olympic College. She read the following proclamation that followed along that effort: MONTH OF APRIL as EARTH DAY IN THE CITY OF BREMERTON. Don Larson, President, KJtsap Diving Association accepted the Proclamation. Mr. Larson reported he was a classroom guide at the Water Festival and was very impressed with the displays. He contacted Jim Trainer, City Urban Forester, about the possibility of more trees being planted along street boulevards. Mr. Trainer indicated it is possible for citizens to plant trees on City right-of-way; however, they must contact his office to make sure that it would not interfere with traffic, power lines, etc. Mayor Horton also reminded the public that the Bremerton High School Drug and Alcohol Awareness Committee is hosting a forum for parents concerning alcohol use among students on March 26, 1998, 7:00 P.M., at Bremerton High School. Lastly, Mayor Horton invited the public to view the "fish print" that she made at the Water Festival, which she displayed in her office. PUBLIC RECOGNITION Elizabeth Buell, Bremerton resident, reported she recently learned that Brem-Air Disposal Inc., would not take a cracked garbage can. She felt it was unfair that they would not dispose of a damaged garbage can. President Fart stated her concern would be reviewed and a response provided by the Administration. Del Knauss, Bremerton resident, stated two weeks ago he submitted a questionnaire to the City Council relating to the City Council's salary, and last week he submitted questions for the City Attorney to answer. He handed out seven more copies of the first questionnaire to Council members and requested they be filled out and returned to him. He did receive responses previously from two Council members. He felt there was a conflict when the City Council responded to questions requested by the Council Salary Commission the previous year. He believes his efforts in getting answers to his questionnaire would actually speed the Council Salary Commission along and make their job easier. In response to earlier comments about the City Attorney's use of the Council's Policies and Procedures at the previous Council meeting, he referenced Rule 3 - Public Recognition, which backed up the fact that Mrs. Brown's comments were not out of line...the City Attorney was out of line. He emphasized President Farr is not a dictator in this case and works for the citizens, not the citize ns working for him. Phil Olwell, Bremerton resident, stated there seems to be some dissention at the City Council meetings over the past two weeks. He was not happy hearing comments such as those expressed this evening, especially with the Boy Scout TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 6 of 9 Troop and a number of professionals in the audience. He suggested that some of the Council Retreat sessions should come out in the public and review the procedure s from the publics and Council's perspective. He suggested Council members review this meeting and the actions by both the public and Council members. 8B - BUDGET ADJUSTMENT FUND 102 {STREET FUND), #AB98-063 Allocate spending authorization to adjust the 1998 budget for the following categories: $38,000 to capital for LED displays Traffic Signals ~18,750 to supplies & services (asphalt) $56,750 TOTAL Gene Sample¥, Director of Public Works and Utilities, stated this budget adjustment is the result of unanticipated cash balance at year-end 1997. The requested funds are available in an existing fund. The proposal is to expend approximately $38,000 to replace the red globes in traffic lights, which would result in approximately $12,000 per year saving plus the added life of the globes. Replacing the curmnt md globes m suited in the highest incident rate of response of overtime calls. The pay out on that cost is approximately throe years. The requested $18,750 would cover costs for asphalt, which will extend the City's street maintenance program closer to the level that has been maintained in past years. Public comment - none. Mr. McConnell questioned the life span of the LED light? Mr. Sample¥ stated he was not sum of the exact numbers, however, he expects it would be double the life of the current globes. Them will be additional savings due to the extended life of the globes and the mduced call outs. Mr. McConnell questioned the life span of the curr nt globe? Mr. Sampley stated the current pm ctice is to replace them at least annually. Them is need to replace the red globes more often because they are "on" longer than the other colored globes. The city is the most vulnerable from a liability standpoint when the red globes are out. Mr. Shepherd asked if the City would see a saving by using LED displays for the green lights? Mr. Sample¥ stated yes, the City will convert to LED globes on the other lights, as they need to be replaced. Mr. Sheoherd applauds energy conservation efforts. #'1281 M/S/C/U(Arends/Montgomery) Motion to approve budget adjustment. At 6:25 P.M., the City Council left the Council Chambers to meet for a 10-minute Executive Session to discuss an issue relating to "litigation". TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 7 of 9 The City Council returned to the Council Chambers at 6:35 P.M. 8C - SYLVAN WAY STREET IMPROVEMENTS CHANGE ORDERS #4 AND f/~ (FINAL~ #AB98-064 Change Order ~ was the addition of a barrier curb and catch basin at 1220 Sylvan Way. Change Order ~5 is the final change order and adjusts the quantities within the contract to reflect the actual work completed. Payment of these Change Orders will allow final closeout of the project to be implemented. Staff recommends approval of the Change Orders. Lynn Price, Senior Engineer, stated the Sylvan Way improvements were completed from Wheaton Way up to Olympus Drive in 1997. Change orders #4 and #5 are final change orders and will allow the close out of the project and complete final billing to the contractor. Public comment - none. Mr. McConnell noted this project is in his district and one of the most appreciated projects, which eliminated a hazardous condition, where in certain areas vehicles were allowed to back out onto the street. Mr. Reed stated he was familiar with the location of this project, however, he asked that a vicinity map be included in future submittals. #1509 M/S/C/U (McConnell/Overson) Motion to approve Change Orders ~t and #5 for Sylvan Way Street Improvements in the amount of $4,060.00 and $37,157.72, respectively; and authorize the Mayor to execute the same. Mr. Overson and Mr. Shepherd asked that Agenda item 8A be placed back on the Agenda. 8A - APPOINTMENT OF WENDY CLARK TO THE SOLID WASTE ADVISORY COMMll lEE, #AB98-062 There is a vacancy on the Solid Waste Advisory Committee. Wendy Clark be appointed to fill that vacancy. It is recommended Mayor Lynn Horton stated Ms. Clark is the Capital Director for Kitsap Transit, has a Bachelor of Science Degree in Civil Engineering and Masters of urban Planning. Ms. Clark is a very thorough and dedicated employee and will be an asset to this committee. This committee deals with solid waste and recycling issues throughout Kitsap County. Over the next several years, the City and Kitsap County will be facing a monumental decision as to what will be done with the generated solid waste since the current landfill will be filled to capacity. TAP E #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 8 of 9 Mayor Horton pointed out a correction to Ms. Clark's application.., she is a Bremerton resident and resides on Highland Avenue. Public comment - none. Mr. Shepherd thanked Ms. Clark for volunteering to serve on this committee. He too believes she has excellent skills to bring to the Committee. That committee will be tasked with a number of responsibilities, i.e. addressing bum bans, short life span of the landfill, community growth and how solid wastes are transported. She will be filling the position he vacated when elected to serve on the City Council. Mr. McConnell stated he was pleased that Ms. Clark is a resident of Bremerton so that her appointment did not require passage of a special ordinance. He found her references and past experience quite impressive. Mr. Overson stated the City is fortunate to have someone of Ms. Clark's quality to participate on such an important committee and the City will be well served by ' her representation. Mr. Law stated having worked with Ms. Clark on the Peninsula Regional Transportation Planning Organization he was also pleased that she desired to serve the City in this manner. President Farr stated he too had knowledge of Ms. Clark's abilities through the Kitsap Transit Board of Directors and was impressed with her abilities and that she'll be a welcome addition to the committee. #1746 MISICIU (Arends/Montgomery) Motion to confirm the appointment of Wendy Clark to the Solid Waste Advisory Committee. 9A - ORDINANCE NO. 4625 (SECOND READING) AMENDING THF OFFICIAL ZONING MAP OF THE CITY OF BREMERTON~ WASHINGTON FOR A SINGLE PARCEL SOUTH OF HIGHWAY 3 NEAR GORST, #AB98 - 060 Public comment - none. #1817 MlSlClU(Montgomery/McConnell) Motion to pass Ordinance No. 4625 on second reading, amending the Official Zoning Map of the City of Bremerton, Washington, for a single parcel south of Highway 3 near Gorst. President Fan' thanked the TV camera crew for their services. With no further business meeting adjourned at 6:47 P.M. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 9 of 9 PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me cc: Normal Distribution FileNault BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Professional Services Agreement Bremerton Main Street Association ORIGINATING DEPARTMENT~Adm. Srvc. FOR AGENDA OF: 4R.I-I-&~ ~- ~'- ?~ ORIGINATOR: Paula Johnston DATE SUBMITTED: 03/12/98 2. CLEARANCES: (comment on back if 3. EXHIBITS: necessary) , Administrative Services ~(¢,J~~ Agreement City Attorney ~ .~/~_ ./~----~..~z:~. ~ Council Operations 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $10,000. be designated for the Bremerton Main Street Association. Funds will be used to perform the scope of services identified as Exhibit A. of the Agreement. 8. RECOMMENDATION: That City Council approve the Professional Service Agreement with the Bremerton Main Street Association in the amount of $10,000. for the year ending 12/31/98. 9. RESPONSIBLE OFFICIAL: Admin. Service8 ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: 12/31/98 REVIEW DATE: 11/Q1/98 10. N___OTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: ? O~ "' 05,,~L, /[ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Budgeted in Fund 104 7. RESF,,ARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Bremerton Main Street Association THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referredto as "City") and the Bremeton Main Street Association (hereinafter referred to as" Consultant"). WITNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Consultant Ten Thousand and noll00 Dollars ($10,000.00). Payment shall be made in two equal installments of Five Thousand and no/100 Dollars ($5,000.00). One payment will be made in January 1998. The second payment will be made in July 1998. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of a main street association and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverageS, Consultant shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from 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 risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. 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 fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton WA 98337 Bremerton Main Street Association Suite 201 B 245 Fourth Street Bremerton, WA 98337 e. 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 any time be taken to' be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of ali services under this Agreement. g. 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 any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - 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. 9. NONDISCRIMINATION: Consultant 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. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. BREMERTON MAIN STREET ASSOCIATION Date: By: ,President CITY OF BREMERTON Date: By: LYNN HORTON, Mayor /5' DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A Consultant will provide the following services: 1. Continue to sponsor community events meetings as described as follows: St. Patrick's Day Festivities Concerts on the Boardwalk Blackberry Festival Santa arrival to the downtown area and participate in Task Force Promote the City of Bremerton by continuing publication and distribution of a pamphlet through the Bremerton Area Chamber of Commerce and Visitors & Convention Bureau. Submit quarterly reports to the City Council advising progress and performance of the foregoing. 1. SUBJECT: Revisions to 1998 CDBG AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: April 8, 1998 :¢i~Z~:-~ai"~ ! ~;~; ORIGINATING DEPT.: Neighborhood _' ................... ...,-: ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: March 31, 1998 2. CLEARANCES: 3. EXHIBITS: Acting Direc~~)mity Development -z~ City Attomey~/y(~ Fiscal and Budget Co~m~ee~_~j~~~ Operations Co~ Revised Recommendations COUNCIL PReSmENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton has been notified from HUD that our actual 1998 Community Development Block Grant allocation is $576,000: The City Council approved the CDBG Advisory Committee's recommendations for $550,000 in 1998 CDBG funds in October 1997. Attached are the recommendations for the additional $26,000 in CDBG funds, $113,832.03 in Program Income from Loan Repayments, $98,770.75 from previously funded projects and $100,000 in HOME Consortium funds. 8. RECOMMENDATION: Motion to approve attached funding recommendations. 9. RESPONSIBLE OFFICIAL: Acting Director of Community Development ENFORCEMENT OFFICIAL: Acting Director of Community Development EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL IMRECTtVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Funds will not be allocated. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTI-IER RESOURCES: None 7. RESEARC~ SOURCES: lq Department of Community Development Recommendation Year Amount Activity Funded Decreased Explanation Amount To DCD Environmental 1996 $35,000.00 Project not initiated $24,000.00 Rehab Loans $11,000.00 Hill Climb Big Brothers Big Sisters 1997 $ 6,526.74 Activity completed $ 4778.00 Literacy Council with less funding $ 1748.74 Playground Exp. Shelter America 1997 $47,244.00 Project not initiated $47,244.00. Rehab Public Works Calming 1998 $10,000.00 Funds remaining in $10,000.00 Hill Climb Devices 1997 project- Tot,~! $98,770.75 $98,770.75 Program Income Recommendation Amount Activity Available Explanation Amount To BHA Loan Repayment $41,000 Funds from repayment of $15,000.00 CRA Plan Bremerton Housing Loans- $11,000.00 Hill Climb Not subject to HUD $15,000.00 Manette Plan requirements. Loan Repayments $82,832.03 Revolving Loan Program $ 82,832.03 Rev. Loan Total $123,832.03 $123,832.03 Additional Funds Recommendation Amount Activity Available Explanation CDBG funds $ 26,000.00 Received 576,000 allocated $ 3900.00 Playground Exp $550,000 $ 5200.00 Administration $ 16,900.00 Rehab Total $ 26,000.00 $26,000.00 HOME funds Amount Activity Available Explanation Recommendation 1997 HOME allocation $100,000 The City receives and annual $100,000 Downpayment from Kitsap County allocation of HOME funds Assistance from Kitsap County Consortium-Limited Use 1998 COMMUNITY DEVELOPMENT PROGRAM HUMAN SERVICE PROJECTS AMOUNT AMOUNT AMOUNT RECOMMENDED RECOM1VIENDED APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLYA INCREASE OR REVISIONS PPROVED DECREASE BY COUNCIL YWCA ALIVE $19,778 $19,778 $19,778 Program Brem. Service Chuckwagon $12,000 $12,000 $12,000 Assoc. KC Sexual Intervention $'12,500 $12,000 $12,000 Assault Kitsap Health Dental Health $15,000 $12,000 $12,000 Center Bremerton Administration $19,200 $12,000 $12,000 Foodline Kitsap Comm. Housing $30,000 $12,000 $12,000 Res Services Literacy Council Work Skills $ 7,500 $ 2,722 $ 2,722 $4778.00 $7500.00 Bremerton Parks Playground $25,000 $ -0- $ -0- $5648.74 $5648.74 Express YMCA Child Care $ 7,500 $ -0- $ -0- New Faith Counseling $10,000 $ -0- $ -0- Comm. Ctr Olympic Ed. Child Care $ 7,741 $ -0- $ -0- District Referral Kitsap Youth Families United $ 7,500 $ -0- $ -0- Service RMH Counseling $22,900 $ -0- $ -0- Sound Institute Training $32,468 $ -0- $ -0- CAPITAL PROJECTS AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDED APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR REVISIONS APPROVED BY DECREASE COUNCIL Bremerton Parks ADA $11,350 $11,350 $11,350 Improvements YWCA Multi-purpose $90,000 $90,000 $90,000 facility Bremerton P.W. Sidewalk ADA $20,000 $20,000 $20,000 BremertonParks Sheridan Park $ 8,150 $ 6,150 $ 6,150 Metro Group ADA Improve. $36,000 $36,000 $0 Elks BHA Greenhouse $26,490 $26,490 $26,490 BremertonP.W. Burwell Hill $50,000 $ 2,510 $ 2,510 $32,000 $34,510 Climb (includes $11,000 BHA) Bremerton P.W. Traffic Calming $40,000 $ -0- $36,000 -$10,000 $26,000 Roxy Group Marquee $25,000 $ Restoration EDC Microenterprise $31,100 $ T.A. Metro Group Historic $25,000 $ -0- $ -0- Preservation Bremerton DCD CDC Assistance $24,950 $ -0- $ -0- PLANNING PROJECTS AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDE APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR D REVISIONS APPROVED DECREASE BY COUNCIL Bremerton DCD Administration $90,000 $90,000'* $90,000'* $ 5,200 $95,200 BremertonParks Kitsap Lake $10,000 $10,000 $10,000 Plan Roxy Group Roxy Theater $ 3,500 $ 3,500 $ 0 ADA Plan BremertonDCD Manette Plan $42,300 $ 6,500 $ 10,000 $15,000 $25,000 (includes $15,000 BHA) HOUSING PROJECTS AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDED APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR REVISIONS APPROVED DECREASE BY COUNCIL Bremerton DCD Housing $75,000 $75,000'* $75,000'* $88,144' $163,144 Program Kitsap Weatherization $100,000 $90,000 $90,000 Community Resources Easter Seal Housing $12,036 $ -0- $ -0- Modification Kitsap Mental Housing Repair $32,815 $ -0- $ -0- Health Services *Over $500,000 was expended on the housing program in 1997. There is a major need and demand for this program. To date we have 5 projects in process for $70,000-without additional funds we will be out of funds after the first quarter of 1998. ** Set Aside AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Application to participate in the grant process from the Washington State Department of Health, Office of Emergency Medical & Trauma Prevention FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Fire Al Duke 3 2. CLEARANCES: Budget & Fiscal Comment. pLback if necessary) 3. EXHIBITS: Letter from Janet Gdffith, Director Office of Emergency Medical & Trauma Prevention ENDORSEMENTS .,~ MAYOR(~'~ ,~- INFORMATION COUNCIL PRESIDENT ~ J,,,_~~ t, 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Fire Department requests permission to apply and accept the $1200.00 Participation Grant from the Washington State Department of Health, Office of Emergency Medical & Trauma Prevention. This grant is being offered to ALL Washington State verified and licensed trauma care agencies to assist in trauma data collection. 8. RECOMMENDATION: Authorize the Fire Department to apply and accept the ~ $1200.00 Participation Grant from the Washington State Department of Health, Office of Emergency Medical & Trauma Prevention. The funds would be used to purchase a new computer for the Fire Department Medical Officer for use ~ in the required data collection for the State of Washington. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION TABLED APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: Funds from the Fire DepartmentJlnformation Services will have to be used to purchase the needed equipment. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES' 7. RESEARCH SOURCES: STATE OF WASHINGTON DEPARTMENT OF HEALTH Office of Emergency Medical and Trauma Prevention Post Off/ce Box 47853 · Olympia, Washington 98504-7853 March 3, 1998 TO: FROM: SUBJECT: All Verified EMS Prehospital Services State of Washington Janet Griffith, Directork~ Office of Emergency Medical and Trauma Prevention Prehospital Trauma Participation Grants As part of the Trauma Care Act of 1990, Department of Health was required to conduct a study of trauma care reimbursement for Washington EMS and Trauma providers. The study conducted by the consulting firm Arthur Andersen, projected uncompensated prehospital trauma care costs of $2 million (biennial amount). The Trauma Fund Act of 1997 provides for state funds of 75% of this mount. As the cover letter to this packet explained, preho~spital participation grants is one method of providing prehospital trauma funding. As an active verified prehospital service in Washington's EMS and trauma care system during this fiscal year, you are entitled to receive a participation grant of $1,200 for FY 98. The purpose of these funds is to help you meet requirements to provide trauma care services as a verified EMS and Trauma prehospital service. T° receive these funds, please complete the "Vendor" section of the. attached Invoice Voucher, A19-2A form and submit to the Office of Emergency Medical and Trauma Prevention at the address below. If your service does NOT wish to receive this grant, please acknowledge by completing the attached form and remm it to our office no later than May 1, 1998. Attachment: FY 98 Pretiospital Participation Grant Invoice Voucher A- 19-2A Memo To; From: Date: Re: All Vedf~d Agencies in the Northwest Region Tim McKem, Chairperson 03/23/98 Participation Grants Recently the Department of Health mailed all verified agencies a packet containing forms for Participation and Needs Grants. These grants are a result of the Trauma Care Service Funding Act of 1997. All verified prehospital services are entitled to $1,200.00 this fiscal year. As directed by the Northwest Region EMS Council, enclosed you will find a duplicate form and instructions for completion of the A-19 to receive your Participation funds. Procedures for completion of this form are very simple. 2. 3. 4. 5. 6. That is all there is to it!! Vendor Name and Address- Fill in your Agency Name and Address Federal ID No. - Normally this is a 91- number used for tax purposes Prepared by- Sign your name Telephone Number- Agency Telephone Number Date - Date form was completed Mail to - Department of Health, OEMTP, P. O. Box 47853, Olympia, WA 98504-7853 Funds should be distributed prior to June 30, 1998. · Page I In an effort to achieve 95% data collection of all major trauma data by December 31, 1998, the Northwest Region EMS Council is encouraging all agencies without an adequate computer to run Collector Software, to purchase a computer with these funds. If you are interested in purchasing a computer with these funds or have questions, please contact Anice Grant at the Regional office. Hopefully, with voldme buying computers can be purchased at a reduced cost to all agencies. TM:ajg · Page 2 Form ~ ,~' ~te of Washington AI~2A VOU ,ER DISTRIBUTION (Rev. Ygl) Vendor Name and Address Agency N.umber Location Code 303 GIA Bremerton Fire Department C i ty of Bremerton Agency P.R. or Authorization Number 239 4th .Street RCW 70.168 Bremerton, WA. 98337 Agency Name and Location Department of Health OE~ PO Box 47853 Olympia, WA 98504-7853 Federal ID No or Social Security No ~o, ~n~ ~o~,~=~ s.,~u~, co~,~ v*r~,~,- ~ m.~ Received By Date Received 91-6001231 Use Space Below as Worksheet to Develop or Explain the Goods or Services Purchased. Staple Invoices on Back For EMS Participatibn Grant~ - Traun~a Care Funding Act For participating as a verified prehospital service during the $1,200 period January I through May 1, 1998. Prepared by l Telephone Number Date Agency Approval Date Allison Duke l III 360-478-5380 3-27-98 Doc~ Date Pmt Due Date Current Doc No. Ret- Doc Nb Vendor Number Vendor Message U UBI Number T ':::~::i~ ';':64801800171 i!:;:: ' ~:i:."ii!ii:~:.'::: NZ $1,200.00 I Number h:kmpj0303%train',J~ 19_2Ax. doc 1997 FY 98 PREHOSPITAL PARTICIPATION GRANT Agency/Service: Agency's Address: Business Telephone #: This is to acknowledge that we do NOT wish to receive FY 98 Participation Grants. Authorized Signature Date Print Name This form'needs to be comPleted by May 1, 1998 and returned to the address below if you do NOT wish to receive the Participation Grant funds. Office of EM&TP · ATTN: Prehospital Trauma Care Fund PO Box 47853 Olympia, WA 98504-7853 t. SUBJECT: Budget Adjustment for staffing in the Fire Department AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: 4/8/98 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke DATE SUBMITTED: 3/25/98 2. CLEARANCES: Treasurer Fiscal & Budget Operations Human Resources ENDORSEMENTS )~',~' I MAYOR ~/-~ Comment of I:~.~if necessary) 3. EXHIBITS: Budget Adjustment # 98-10 ~ F/OR-MATIO~q COUNCIL PRESIDENT \~t,.~ tf~J ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The administration and staff have determined that it is in the best interest of the City to increase the level of service in the clerical staff of the Fire Department. This would allow the Fire Department to be more responsive to the requests of the Public and the entire City staff. Currently there is one Office Assistant Senior to provide clerical support to an administrative staff of seven. 8. RECOMMENDATION: Motion to approve Budget Adjustment # 98-10 Office Assistant -1. increasing staffing in the Fire Department by one 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION TABLED APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Fire Department will continue to operate with the current authorized staffing levels. Limitations as to responsiveness of the Fire Department would continue. 6. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT OR OTHER RESOURCES' 7. RESEARCH SOURCES: Requesting Department: FIRE DEPT. I Approval Authority Required: Nmreasurer CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-10 SOURCE OF FUNDS: r-]Mayor n' Increase: Beginning Cash 21,500 Fiscal & Budget [~Council I USE OFFUNDS: Increase: Personnel 21,500 NARRATIVE: This adjustment will add an Office Assistant I position to the Fire Department effective May 1 and appropriate funding necessary to fill the position. , Dep'~rtment He-a~Si~lnat ure Treasurer Comments: Date Director Si~lnature Date ~--1 Recommended r-~ Not Recommended ~ ~~'~ Treasurer's ~lnature~--~ D~te - Mayor Comments: Recommended ~ Not Recommended Approved r'---] Denied ,~-~ ~/~ Y'//~,F Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date ERSONNEL COST CALCULAT "ON PROPOSED POSITION TITLE OFFICE ASSISTANT I SALARY/HOURLY/RANGE GRADE 4 STEP C HOURS OF WORK PER DAY AND PER WEE E~PP. CTIVE MAY 1 FICA RATE PENSION RATE W.C. RATE L&I RATE MEDICAL DENTAL RATE STANDARD INSURANCE RATE CLEANING/CLOTHING ALLOWANCE DEFERRED COMP RATE INSURANCE PREMIUM CLEANINGICLOTHING 0.0765 0.0750 0.1100 0.0187 2,800 0.0000 0.0000 0.0000 0.00 0.00 HOURLY RATE/SALARY HOURS OR PAYPERIOD$ BASIC SALARY DEFERRED COMP F.I.C~. PENSION WORKERS COMP L&I MEDICAL/DENTAL INSURANCE PREMIUM CLEANING/CLOTHING TOTAL NUMBER OF POSITIONS TOTAL PERSONNEL DIFFERENCE 11.33 1400 15,862 0 1,213 1,190 154 26 2,800 0 21,245 21~45 .0750 PERS .0618 LEOFF I .0527 LEOFF II WORKERS COMPENSATION .11 WHITE COLLAR .40 FIREFIGHTERS .45 LAW ENFORCEMENT .60 OTHER MEDICALJDENTAL 4800 NON-UNIFORMED 5522 UNIFORMED L&I ELECTED & MGMT $1.50 PER PAY PERIOD LEOFF I & EXEMPT 0 ALL OTHERS $.0187/HOUR STANDARD INSURANCI= POLICE LEOFF II $10/MO FIRE LEOFF II $20/MO POLICE MANAGEMENT LEOFF II $12.50/MO CLEANING/CLOTHING ALLOWANCF CLOTHING ALLOWANCE $425/YR CLEANING $300 POLICE CLEANING $305 NON-UNIFORMED CLEANING $250 FIRE DEFERRED COMP MANAGEMENT 4% POLICE 2% FIRE $100/MO C:\123FILES\PERSCALC.WK4 03/20/98 02:28 PM ]%GEND]% BILL BREMERTON CITY COUNCIL SUBJECT: Radio Broadcast Tower Lease with Triangle Broadcasting Company FOR AGENDA OF: April 8. 1998 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey ,¥~&%4_ DATE SUBMITTED: April 2~ 1995 ~: (oommen~; on back~ 3. i f ~a~ry) // ~ City Attorney( ,..~).,~~~~ Operations ~ Lease Agreement MAYOR ~ - COUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The existing radio broadcast tower at Forest Ridge Park has changed ownership. The new owner, Triangle Broadcasting Co., has agreed to lease the existing tower site for three years with a three year option to renew at $400 per month rent including CPI inflator. Repair and clean up issues at the site have been resolved. RECOMMENDATION: Motion to approve Broadcasting Co. the radio broadcast tower lease with Triangle RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE-. 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Loss of lease revenue. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SQURCES: TELECOMMUNICATIONS FACILITIES~ LEASE AGREEMENT THIS 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 Triangle Broadcasting Co., Inc., (hereinafter referred to as "Lessee"). WITNE S SETH: 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 fight, 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 Triangle Broadcasting - March 20, 1998 ,37 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 °fthe 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 Triangle Broadcasting - March 20, 1998 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; 1'. Signed set of owners drawings, preliminary plans and specifications in sufficient detail to identify: O) 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; It. 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 Triangle Broadcasting - March 20, 1998 ($soo.oo). 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 carders, 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 ..... 19, including an option to renew for one additional three (3) year term pursuant to Section 15 hereunder. Compensation will be renegotiated for renewal option.. 7. COMPENSATION TO TIlE CITY. A. This Lease is subject to the City's right, which is expressly reserved, to annually 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 thereafter during~the term of the Lease, Lessee shall pay rent at a rate of $400.00 per month, prorated for any partial months. At the beginning of each successive year thereafter 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 after 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. 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. LEASE AGREEMENT - 4 Triangle Broadcasting . March 20, 1998 11. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed a license only 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. 12. 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. 13. 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 such interference as may be received from City operated telecommunications or other facilities located upon the City property subject to this Lease. 14. OWNERSHIP 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 at~er 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 lea 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 LEASE AGREEMENT - 5 Triangle Broadcasting - March 20, 1998 4/ property upon request by the City, Lessee agrees to reimburse the City fOr any and all removal costs incurred by the City. 15. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days 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 deposit~ 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. 16. 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. 17. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights 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. 18. 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 thereafter as possible if advance notice is not practicable. 19. MAINTENANCE OF LEASE FACILITIES. 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 LEASE AGREEMENT - 6 Triangle Broadcasting - March 20, 1998 to City. City shall have the exclusive fight 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. 20. SIGNAGE. Lessee shall display a current sign on telecommunication facilities identifying Lessee, address and a 24 hour phone number. 21. RELOCATION OR REMOVAL OF FACILITIES. Within thirty (30) 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 City Public Works & Utilities Director shall have determined that such removal, i'elocation, 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 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. 22. REMOVAL OF UNAUTHORIZED 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; LEASE AGREEMENT - 7 Triangle Broadcasting - March 20, 1998 B. Upon abandonment of a facility within the public ways or real property of the City. Any property ora Lessee shall be deemed abandoned if lett in place 30 days after expiration or termination of the Lease; of a Lease; If the system or facility was constructed or installed without the prior grant 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 i{s 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 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. 23. 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. 24. DAMAGE TO FACILITIES. 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. LEASE AGREEMENT - 8 Triangle Broadcasting - March 20, 1998 25. RESTORATION OF PUBLIC WAYS, OT]t"ER 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 or designee 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. 26. FACILITIES 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. 27. 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. 28. 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 as co-insureds against claims for injuries to persons or damages to property which may LEASE AGREEMENT - 9 Triangle Broadcasting - March 20, 1998 4.5 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. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; C. 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 naming the City, and its elected and appointed officers, officials, agents, 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 insurance certificate required by this Section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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; D. In addition to the coverage requirements set forth in this Section, each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City, by registered mail, of a written notice addressed to the Administrative Services Director of such intent to cancel or not to renew." E. Within 30 days after receipt by the City of said notice, and in no event later than 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. LEASE AGREEMENT - 10 Triangle Broadcaating - March 20, 1998 29. GENERAL INDEMNIFICATION. The Lessee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, engineers, and consultants from any and all claims, costs, judgments, awards, or liability to any person, including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of the Lessee, its agents, servants, officers, or employees in performing under this Lease are the proximate cause. The Lessee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, engineers, and consultants from any and all claims, costs, judgments, awards, or liability to any person including claims by the Lessee's own employees, including those claims to with the Lessee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of'the Lessee's exercise of the rights granted herein, or by virtue of the City's permitting the Lessee's use of the City's rights-of-way or other public property, based upon the City's inspection or lack of inspection of work performed by the Lessee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Lease, or pursuant to any other permit or approval issued in connection with this lease. This provision waiving immmunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. This covenant of indemnification shall include, but not be limited by this reference, claims against the City arising as a result of the negligent acts or omissions of'the Lessee, its agents, servants, officers, or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public right-of-way or other public property in performance of work or services permitted under this Lease. Inspection or acceptance by the City of any work performed by the Lessee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that the Lessee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the Lessee, then the Lessee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Lessee, and the City, its officers, employees and agents, the Lessee's liability hereunder shall be only to the extent of the LEASE AGREEMENT - 11 Triangle Broadcasling - March 20, 1998 Lessee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section shall survive the expiration or termination of this Lease agreement. Notwithstanding any other provisions of this Section, the Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way, easements, and property from activities conducted by the City, its officers, agents, employees, and contractors. The Lessee releases and waives any and all claims against the City, its officers, agents, employees, or contractors for damage to or destruction of the Lessee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees, and contractors, in the public ways, rights-of-way, easements, or property subject to this Lease, excepi to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious action on the part of the City, its officers, agents, employees, or contractors. The Lessee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the Lessee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees, or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees, or contractors. 30. 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 Triangle Broadcasting - March 20, 1998 (1) 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 of a 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. 31. 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 34 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify 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. 32. 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 Triangle Broadcasting - March 20, 1998 ¥? 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 oi amend said Lease; 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. 33. 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 Triangle Broadcasling - March 20, 1998 34. HEARING. In the event that the Lessee fails to provide .evidence reasonably satisfactory to the City as provided in Section 33 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. 35. 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 lleu 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 t~ 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. 36. 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 Triangle Broadcasting - March 20, 19911 5/ :37. 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 right 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. 38. 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. 39. 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 after 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 Triangle Broadcasting - March :20, 1998 LESSOR: City of Bremerton Administrative Services Director 239 Fourth Street Bremerton, WA 98337 LESSEE: Frank Olsen, President Triangle Broadcasting Co., Inc. 2825 Tahquitz Canyon Way, #202 Palm Springs, CA 92262 40. 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. Date: Date: TRIANGL~2E~/ADCASTING CO., INC. 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 Triangle Broadcasting - March 20, 1998 STATE OF CALIFORNIA ) COUNTY OF SS, On this date, personally appeared before me, the undersicjned,.a NotaL'V Public in and for the State of California, duly commissioned and sworn.~F/~ (15 ~ ~:~'~ and to me known to be the ,~rff-~___ ~__.~---¢~ and , respectively, of TRIANGLE BROADCASTING CO., INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and who are authorized to execute the said instrument. SIGNED AND SWORN to before me this ..~'- day of ~'~~ , 1998. Notary Public for-,tbe State of California Residing at -iH'~ ~/--~'~)/~--~ Appointment Expires: / f---~ --~',~" STATE OF ~-----f~-~- ('~/~ ~ ) ) SS, COUNTY OF ~ ~/~-~ ) On this day personally appeared before me, the undersigned Notary Public in and for the State of ~'~r/.._ I ~ ~J?,~uly commissioned and sworn, FRANK OLSEN, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and volunta~ a~ and deed for the purposes therein mentioned. SIGNED AND SWORN to before me this ~ day of~ ~('~ , 1998. ' Nota~ Public fo~t~e State~f~~/~ ~ z ~ Residing ~ ~~ ~ ~r ~ ~ ~ Appointment ~pires: //~ ~ Page 4 BEa~l~l & (3E3~'IRY A1T(31~EYB AT LAW :~aO NC)R~'I CX~L.LJI4BIA, ~'T1:l~-r 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 volumary 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: KATFILEEN L. MeCLUSKEY, City Clerk LEASE AGREEMENT - 18 Triangle Broadcasting - March 20, 1998 5'5 TRIANGLE. BROADCASTING CO. 2&~ Tahquh'z C:anyon Way · Suite 202 March 12, 1998 Kathleen McCluskey, Director Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98337 Dear Ms. McCluskey: As discussed with Paula Johnnorz, we are applying for a new lease to the property which we now lease from the City for KBRO Radio. Triangle Broadcasting (which is the major shareholder of Washington Broadcast Management Company, Inc.) is providing the following so that we may secure the lease as soon as possible: 4A. IDENTITY AND LEGAL STATUS: Triangle Broadcasting Co., Inc., dba/KBRO Radio, Bremerton, Washington 4B. NAME, ADDRESS, PHONE, TITLE OF RESPONSIBLE OFFICER: Frank Olsen, President Triangle Broadcasting Co., Inc. 2825 Tahquitz Canyon Way, #202 Palm Springs, CA 92262 (760) 322-1217 4C. SERVICES TO BE PROVIDED: Minority/Community Radio Programming 4D. DESCRIPTION OF THE TELECOMMUNICATIONS FACILITIES OR OTHER EQUIPMENT PROPOSED TO BE LOCATED UPON CITY PROPERTY: AM Broadcast Bank transmitter, antenna and associated equipment, comprised ofequipmem located in building on-site and one 9'x9'x150' tapered, self-supporting tower as the radiator. 5ck.d le A 4E. 4F. 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 comer of the SE quarter of the SW quarter of the SE quarter of said Section 15; thenN 89 00'22" W on the S line of said Section 15 a distance of 585.46 feet; thence N 0 59'38" 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 49'53" E a distance of 35.00 feet; thence S 67 10'07" E a distance of 45.00 feet; thence S 22 49'53" W a distance of 35.00 feet to the tree point of BEGINNING; containing 0.036 acres. 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-offby City inspectors for all telecommunications facilities being proposed by Lessee. Equipment is type-accepted by the Federal Communications Commission (FCC) for use in the AM Broadcast Band. 2. The location(s) of existing telecommunications facilities or other equipmem upon City property_, whether publicly or privately owned. All equipment, with the exception of the radiating tower, is located within the 16'x16' block building existing on City property. The radiating tower is situated on four concrete pier foundations located to the East of the building. 3. 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-mourned 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 U.S. West located adjacent to the vehicle gate for the City-owned gravel road leading to the top of Forest Ridge Park. 2 4G. 4H. 4I. 4J. 4K. 4L. 4M. ACCURATE SCALE CONCEPTUAL DRAWINGS AND DIAGRAMS OF SUFFICIENT SPECIFICITY TO ANALYZE THE AESTHETIC IMPACTS OF THE PROPOSED TELECOMMUNICATIONS FACILITIES OR OTHER EQUIPMENT. See Attachment A and Attachment B. 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. AN ACCURATE MAP SHOWING THE LOCATION OF ANY EXISTING TELECOMMUNICATION 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 Announcemems 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 ATTACHMENT C AND D. APPLICATION FEE: $500.00 is enclosed. 0,2. - ~,2,2. ~' .~-/d ~ TERM OF LEASE: ' !998, and te_-~r'.'2natLng ~a~.~, ~ -mn~ ~..,.;~,, ....... ~ .... ; ..... c 3 7. COMPENSATION TO THE CITY: We look forward to a long-standing, continued relationship with the City of Bremerton. If there are any questions as to our application, please do not hesitate to call. ~~~ Fr~l~Isen, President FO:lm cci Paula Johnston Enclosures 4 tR. IITED STATES OF A~iERICA FEDEK~,T, CO~K.t~TCATIONS COM~I$SION D;A~HINGTON, D.C. 20554 lt~/,U; 4"17.'3 [A ~ CO~I~E:IT TC TP.%IIGFE~: FROM~ KI,PY. INC. TO: WAS}IINGTON B~.,OADCA.~T MANA~;~fRW'~ COMPA~rY, :tiC. AM ~.;BnO U/~_t, - 9 ~ ~ I fJ '; K F DREMERTO~, WA 8,qL. 9b~to9 ~= f- ~L:hITJONAL F~[OUIFEI;FIITS FOP. ;,t~SJGNMI;IITS ONLY: Page ' of 1 UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION f~l, No; BZ-B70416AD Call Siam KBRO Subject to the provisions of the Communicatien3 Act o/~ 934, as amended $ ~;.. ,~q~ent Acts, TItatie~, and Commission Rules mad~ thareu~,aer, and lur~er sub, eot to conditi~$ ~e', fC~,I~ in Irfl$ licensa,~ the LICENSEE EVEREST BROADCASTING CORPORATION Time FEBRUARY i, 199[ in acco'danc~ wi~ the following: I. Stal~localion: Bremerton, Washington 4. Tronsmitle~ I~Jtior~: 3. Remote control location., Forest Ridge Park ~h~a~it~,: 47. Burwell and Lafayette Ave., S. wes~10~itu~: 122. Bremerton, WA 2817 Wheaton Way Bremertou, Washington 33 . 52.. 39, 26. 5. TransmltteflsI: Typ~ Accepted. (Se~ ~ctlons ?3.1660, 73,1665 and 73.1670 aflhe C~'nmission's R.AeS.) 6. Anteneaancigloun~s¥5:ern: Vertical, tapered, self-supporting, in height (47.24 m Overak~). Theoretica[ Efficient7 comsiscs of 120 equally spaced, buried copper raGiaJ, s 50.29 m in and extended from copper straps surrounding hurled water tanks. 7. O~uclmfl ~i~ afl~ [Igflti~ 5p~i~calJo~-- FCC form 715, ~rag~lphs: ~o~e required. 1490 8. F~uen~ (~H~.): 9. Nominator t~W): .. [. 0 .. Day series-excited, steel ~adiator 45.72 m ~s 300.95 mV/m/Kw ~ I km. Ground systen length radials terminated Anllnna input po~q~ (kW): .. 1.,0 Day 6.2 26.4 ['~ ~ID~-QhtCt~0P, al ilW~tttl~: f.:Jlf~n'l Im~r~s; ~eS~nC~ ,, ~mt. ~ Piratical antenna : cufrenL am~res; res:s~e,., ~ms, 1.0 H~rsota~ratiomSpecifi~dinconstructmn~rm~tiBP-12852) Llcensee shall accept such ~ncerference as may be imposed by other existing 250 watt Class IV stations in the event they are subsequently authorized to increase power to 1000 watts. FEDERAL COMMUNICATIONS aj S COMMISSION I eK'r "D"