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HomeMy WebLinkAbout2822 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2822 CROWN CASTLE (PINNACLE TOWERS by GLOBAL SIGNAL) Telecomm Facility - Gold Mountain PW Admin LEG 16-3 09/01/1981 03/23/2009 02/15/2011 01/01/2011 (formerly Global Signal also Pinnacle Towers Inc also Motorola) Merged as of 1/12/07 - their site #871368 Termination of lease & new agreement 3/09 e - TERMINATION OF LEASE AGREEMENT This TERMINATION OF LEASE AGREEMENT ("TERMINA TION AGREEMENT") is entered into on this _ c2~ day of March, 2009 ("Effective Date"), by the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, (hereinafter referred to as "City"), Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004, by Global Signal Services LLC, its Manager (hereinafter referred to as "Lessee"). (A) City and Lessee are parties to that certain unrecorded Lease Agreement dated April 2, 1996 (the "Original Agreement"). (B) The Initial Term of the Lease expired on April 1, 2002. The Lease provides for one renewal term often years, with a final expiration date of April 1,2012. (C) City and Lessee have entered into a Telecommunications Facilities Lease Agreement of approximate date herewith ("New Agreement"). (D) City and Lessee desire to replace the Original Agreement with the terms and conditions ofthe.New Agreement. NOW THEREFORE, City and Lessee hereby agree that, effective upon the Commencement Date of the New Agreement, the New Agreement will amend and restate the Original Agreement by deleting the Original Agreement in its entirety and replacing it with the terms and conditions set forth in the New Agreement. [Execution Pages Follow] Site Name: Bremerton (Gold Mtn) BUN: 871638,871639 [ 1 ] e e IN WITNESS WHEREOF, City and Lessee, having read the foregoing and intending to be legally bound hereby, have executed this Agreement as of the day and year first written above. Date: 3 -It -D'1 Date: a?(3)? S TO FORM: Site Name: Bremerton (Gold Mtn) BUN: 871638, 871639 LESSEE Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of elaware conversion on April 7, 2004 By: By: Its: [ 2 ] . State of Texas ) ) ) County of Harris . ss. On this 16th day of March , 2009 , personally appeared R.Christopher Mooney to me known to be the Director of the Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004; by Global Signal Services LLC, its Manager, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. .t.,~~~.~I~~;-;,,, JESAHELTRUJILLO l.~~" "'{<'\ Notary Public! State of Texas ;). .:..$ My com~'!lSion Expires ~,-. .'.~ "'::'{,M~~~'~ Dece. er 10, 2012 j::J -/6 - 20/.:1.. State of Washington ) ) ss. County of Kitsap ) On this .:u.d day of ~"''''.A.J , 2011'L-, personally appeared Cary Bozeman to me known to be the Mayor of th City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness wm~J'h'a~~~reunto set my hand and affixed my official seal the day and year first above WC.H'4':"'~' . · · · · · . '~'V~" .... r~ · .. r ' ! v.. ~OTARy'...t-\ .. It . :. - · 6 - ~ : MAY 15, 2010: ~ =(f)' .~: :~. .<;,.::- \7~'" PUBL1C :/",,0$ , ~ . · rA .. ....,...". tI. . .__,v-".... '"'' Of:'..... .~ \'\~,," """ WAS \\\" RECEIVED FOR FILrN't'1!/II1\\\\ 'Ca.Y"ol E+5e..n",. C~1yClerk ~ff~~ BUN: 871368 and 871369 Notary P lie' Residing at My commission expires: Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2822 CROWN CASTLE INTERNATIONAL INC Gold Mountain Antenna Site PW Admin LEG 16-3 09/01/1981 04/01/2012 10/01/2011 (formerly Global Signal also Pinnacle Towers Inc also Motorola) Merged as of 1/12/07 - their site #871368 Site No.: 3517A Site Name: Gold Mt. Wa. Antenna Site State: WA. MEMORANDUM OF LEASE AND CONSENT THIS MEMORANDUM OF LEASE ('*Memorandum") is executed as of this~2- day of~ 1999,by City of Bremerton, a municipal corporation duly organized and existingunder the laws of the State of Washington ("Landlord"); and MOTOROLA,INC. a Delaware corporation ("Tenant"), and evidences that on the 2~ day of April, 1992 a Lease Agreement ("Lease") was entered into by and between Landlord and Tenant. 1. Lease Term: The term of the Lease, including all remaining option periods, expires on April 1, 2012. 2. Site: Subject to the terms of the Lease, Landlord is the owner of and has leased to Tenant the use of a portion of real property described in Schedule 1 attached hereto (" Site") and landlord has granted unto Tenant for the term of the lease an easement for ingress, egress and utilities to the site ,as necessary, over property it owns. 3. Assignment of Lease: Landlord recognizes that Tenant has entered irrto a General Assignment,bill of Sale, and Assumption of Umbilities (the Bill of Sale) dated as of 31, August 1999. With Pinnacle Towers Inc. with respect to certain assets of Tenant ,including without limitation the Lease and Tenants Leasehold interest thereunder. Pursuant to the Bill of Sale, Tenam is assigning the Lease to Pinnacle Towers Inc.,Pinnacle Towers Canada Inc. or an affiliate of either (collectively, "Pinnacle"). 4. Lease in Full Force and Effect: The Lease is in full force and effect On the date hereof~ neither Landlord nor,to Landlords knowledge, Tenant is in default of any of the tenns, condltions or covenants of the Lease. 5. Successors and Assigns: This Memorandum shall be binding upon and inure to the benefit of Tenant,Pinnacle and their respective successors and assigns as tenant under the Le~e. 6. Property Description: Landlord acknowledges that Tenant has retained a surveyor to update or create the legal description for the Site and consents to the later recording of this Memorandum with such description attached hereto. 7. Assignment: Landlord hereby acknowledges and consents to the assignment of the Lease by Tenant to Pinnacle and the assumption of the Lease by Pinnacle and to any further assignment of the Lease by Pinnacle without Landlord's further consent. $. Sublease: Landlord hereby acknowledges and consents to Pinnacle's further assignment or sublease or grant of licenses to use all or any portion of the Site or portion of the tower or any other structure or equipment located on the Site without Landlord's prior written consent. 9. Counterparts: This Memorandum may be executed in counterparts, and both counterparts signed together will constitute a single,original instrument. IN WITNESS WI~REOF, the parties have executed this Memorandum as of the date first set forth above. City of Bremerton Moto~/~)~ elaware corp. Title: STATE OF WASHINGTON ) ) SS. County of~__ ) ~a~~know or have satisfactory evidence that~l~~~)and are the persons who appeared bet'o~ me, and said persons acknowledged t~at they signed this instmme~t~ on oath stated that they are_ authorized to execute the instrument and acknowledged it as the ~ and_, ___ v ~. City of Bremerton, a a municipal corporation du~ organized and existing under the~faws of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in this instnunent. DATED:~ Name (ty/~d or pr~nte~d~rt/ NOTARY P_UBLIC in and~for the State of ~ Residin~ My appointment expires: -~.~_~ WASI #638945 vi 3 STATE OF ~~1 ) ) SS. County of (~ o ~)/~_. ) I certify that I know or have satisfactory evidence that '~' ~'gd~'/d~z~o and ~ ~o~a~e ~e persons who ap~med before me, ~d s~d persons ac~owledged that they signed ~is inst~ent, on oath s~ted that theyfle authorized to execute · e inst~ent ~d ac~owledged it as ~e 5~. ~2 ~ ~*' (/~t~d Wq~. 4de ~ of MOTOROLA, INC., to be the ~ee ~d vol~t~ act of such p~y for the uses ~d~oses mentioned in this ins~ent. DATED: ,/~/ft~he (typed or printed): ~7~ ~OfARY PUBLIC in ~d for the State of ~ Residingat ~o ~ ~& , My appoin~ent expires: JACOUELINE ROSSO Nota~ Public, State WASI//638945 vi 4 LEASE AGREEMENT MOTOROLA COMMUNICATIONS THIS LEASE AGREEMENT iS entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Motorola Communications and Electronics, Inc., (hereinafter referred to as "Lessee"). WI TN E S SETH: 1. Premises. The City is the legal owner of the following described real property: A plot on Gold Mountain 200 feet on each side beginning at the N.W. corner of the NE 1/4 of the NE 1/4 of Section 27, T24N, RiW, W.M. Thence S 4° 37' W 439.82 ft. thence S 86° 31' 12" E 88.79 ft to T.P.O.B. thence continuing S 86° 31' 12" E 200 ft thence S 40° 37' W 200 ft thence N 86° 31' 12" W 200 ft thence N 40° 37' E 200 ft to T.P.O.B. Easements will be provided for tower guy anchors outside the plot. The City hereby leases to the Lessee and the Lessee hereby leases from the City the above-described real property, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as "Premises"), for the uses and purposes described herein. Lessee shall not use any portion of the leased property in any way which interferes with the operations of Lessor or its sublessee. Such interference shall be deemed a material breach by Lessee, and Lessor shall have the right, in addition to any other rights that it may have at law or in equity, to elect to enjoin such interference or to terminate this lease. Lessor shall provide Lessee with power and an emergency generator. LEASE AGREEMENT -1- 2. USeS and Purposes. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of radio communication signals in any and all frequencies. Notwithstanding any other provisions herein, the Lessee shall not enter into any sublease of the premises or any portion thereof or any assignment of any interest in this Agreement, except Lessee's affiliates or subsidiaries, whether long or short term in nature, or engaged in any activity with respect to or on the premises, other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefor from the City, which shall not be unreasonably withheld. Lessee may erect any buildings and structures or perform any other necessary construction required to render service consistent with the purposes stated herein, upon receiving the prior written consent of Lessor, which consent shall not be unreasonably withheld. It is understood and agreed that the Lessee's ability to use the property for the "use" as described herein is contingent upon the Lessee obtaining and maintaining after the execution date of the Agreement all certificates, permits and any other approval as may be required by any federal, state, or local authorities. Lessor shall cooperate with the Lessee in its efforts to obtain such approvals and shall take no action which would adversely affect the current use of the property with respect to the proposed use thereof by the Lessee. LEASE AGREEMENT -2- Lessee represents and warrants during the term of this Agreement that it has full power and authority from the Federal Communications Commission (or any state or federal agency having jurisdiction) to install, operate and maintain its equipment in the manner contemplated under this Agreement. Lessee agrees to use the facilities leased hereunder only for the purpose contemplated herein and to comply with all applicable state, county, or municipal laws and ordinances. Lessor shall have the exclusive right to inspect the Lessee's facilities and equipment at any time during the term(s) of this Agreement to ensure compliance with the terms and conditions herein. 3. Term. The term of this lease, and any extensions, shall be as follows: Ten (10) years commencing on the day this Agreement is fully executed. Lessee shall abide by all of the terms and conditions of this lease and shall pay rent to the City as hereinafter set forth. In the event of the inability of the City to deliver possession of the premises, or any portion thereof, at the time of the commencement of the term of this lease, neither the city nor any of the City's officers, employees, or agents shall be liable for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the term herein specified be in any way extended, but in such event, the Lessee shall not be liable for any rent until such time as the City can deliver possession. If the Lessee shall take possession of the LEASE AGREEMENT -3- premises prior to the commencement date of this lease, the Lessee and the City agree to be bound by all of the provisions and obligations hereunder during such prior period. 4. Rent. Lessee shall pay Lessor a monthly rental charge of One Thousand Eight Hundred Ten and 24/100 Dollars ($1,810.24) per month during the first year of this lease, plus leasehold tax. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted by the increase in the Consumer Price Index for All Urban Consumer Scale (CPI-U) U.S. All City Average (1982-84=100), as published by the Bureau of Labor Statistics for January (the "Index"). However, rent shall not, in any case, decrease. 5. Repairs and Alter&tions. The Premises used by Lessee shall be kept in a clean, safe, and sanitary condition. Lessee shall not permit waste, damage, or injury to the premises. Lessee shall have the right, at its expense, to erect and maintain on the premises improvements, personal property and facilities, including base, radio transmitting and receiving antennas. The Antenna Facility shall remain the exclusive property of Lessee. Lessor shall provide Lessee ingress, egress, and access over the property to the premises adequate to service the premises and the Antenna Facilities at all times during this lease at no additional charge to Lessee. 6. Licenses and Permits. Upon commencement of the lease, Lessee shall be responsible for real property, excise leasehold, LEASE AGREEMENT -4- business and occupation, and/or other taxes or licenses which may in the future be assessed as a result of the Lessee's operations. 7. Taxes. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Lessor shall pay all real property taxes attributable to the property. 8. Liability and Insuranoe. a. Insurance: Lessee shall maintain public liability and property insurance, with Lessor as a named co-insured, in an amount of not less than Five Hundred Thousand Dollars ($500,000.00). Lessee shall provide Lessor with proof of such insurance coverage. b. Indemnity: Lessee shall 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 arisen directly or indirectly out of or in consequence of or the performance of this Agreement, by Lessee, its employees and/or agents whether such injuries to persons or damage to property is due to the negligence of Lessee, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. c. Liens: Lessee shall not permit any lien to be imposed upon the property of Lessor as a result of work done by or on behalf of user and shall indemnify and hold Lessor harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 9. Technical Standards. Lessee shall operate its equipment in complete compliance with rules and regulations of the Federal Communications Commission and shall furnish Lessor with a copy of LEASE AGREEMENT -5- its current license and all subsequent renewals for Lessor's files. A copy of said license shall be posted at all times on Lessee's equipment at subject site. Lessee shall operate its equipment in compliance with the applicable standards for this site as established by the Western Washington Cooperative Interference Committee (WWCIC) attached hereto, to wit: Standards l(e), 2, 3, 4, 5, 6, 7, 8, 9 (except vinyl cladding), 10, 11, 13, 14, 15, 16 and 17. 10. Termination of Lease. a. Either party may terminate this lease upon default of any covenant or term hereof by the other, which shall be effective thirty (30) days following receipt of such notice unless Lessee cures defaults within said period. b. Either party may terminate for convenience upon ninety (90) days notice. c. Notice of the intent to terminate shall be given in writing by certified mail, return receipt requested. 12. Option to Renew. Lessee, providing Lessee is not otherwise in default herein, shall have the right to renew this lease, upon giving Lessor not less than thirty (30) days' prior written notice of Lessee's intent to renew this lease, on the same terms and conditions herein for an additional ten (10) years from after the expiration of the original term, excepting rent which shall be, at Lessor's option, subject to renegotiation upon reappraisal of the property at that time. If the City elects to renegotiate the rent and if the parties are unable to agree upon a rental for said period, this lease will terminate and subsequent obligations of both parties under the lease shall also be terminated. 13. Exclusive Agreement. Lessor will not allow anyone except Lessee and its sub-tenants and licensees to enter upon or occupy the site or to use the premises of which the leased site is a part for radio or television transmitting. 14. Surrender. Upon termination or expiration of this Agreement, Lessee shall surrender such facilities to the Lessor in LEASE AGREEMENT -6- as good as condition as when initially leased, normal wear excepted. Upon expiration of this lease, Lessee shall, within a reasonable period of time agreed to by both parties, remove its personal property and improvements, except for the concrete foundation for any improvements and the communications tower, unless rejected by Lessor, and restore the property to its original condition, reasonable wear and tear excepted. 15. Notioes. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular mail, addressed as specified below, or to such other address as either party may later designate in writing. Notices sent by mail shall be deemed to have been given 48 hours after properly mailed; the postmark affixed by the United States Post office shall be conclusive evidence of the date of mailing. Lessor: City of Bremerton Department of Municipal Utilities 3027 Olympus Drive Bremerton, WA. 98310. Lessee: WESTERN AREA REGIONAL MANAGER 1170 Chess Drive Foster City, California 94404 16. Relationship. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer, of the Lessee or any party associated with the Lessee in the conduct of the Lessee's business or otherwise. This lease does not constitute the Lessee as the agent or legal representative of the City for any purposes whatsoever. 17. Amendments: The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; Provided, however, That no alteration or modification of the terms or conditions hereof shall be valid and binding, unless made in writing and signed by the authorized LEASE AGREEMENT -7- representatives of the parties hereto. 18. Assigllment= Lessee may assign this lease upon notice to Lessor to any person or entity with an ownership interest in Lessee, any affiliate of such person or entity, or any person or entity that acquires Lessee's business. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this lease and the antenna facilities, and may assign this lease and the antenna facilities to any such mortgagees or holders of security interests, including their successors or assigns (hereinafter collectively referred to as "Mortgagees"). Lessor agrees to notify Lessee and Lessee's mortgagees simultaneously of any default by Lessee and to give mortgagees the same right to cure any default as Lessee, except that the cure period for any mortgagee shall not be less than ten (10) days after receipt of the default notice. 19. Waiver of Default. No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained, to be performed, kept and observed by the other party. 20. Miscellaneous. a. 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. b. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. c. 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. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any LEASE AGREEMENT -8- fee due such broker. e. Lessor agrees to cooperate with Lessee in executing any documents (including a Memorandum of Lease) necessary to protect Leesee's rights hereunder or Lessee's use of the premises. 21. Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a bona fide occupational qualification. 22. Effectuation of Agreement. In order to be effective, this lease must be (1) signed by an authorized representative of the Lessee and returned to the city at the address set forth below accompanied by any required policy of insurance, and (2) signed by the Mayor of the City of Bremerton, and attested to by the City Clerk. LESSEE: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. DATED: President LESSOR: CITY F BRE, " ~ LO~I~ MEN~O~,' Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk < LEASE AGREEMENT -9- IA~'R. SIEVERS WILLIAM DUFFY City Attorney Utilities Director STATE OF WASHINGTON) : ss. COUNTY OF KITSAP ) On this day personally appeared before me and to me known to be the and respectively, of Motorola Communications and Electronics, 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 on oath stated that he was/were authorized to execute said instrument. GIVEN under my hand and official seal this day of , 1991. Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day personally appeared before me Mayor Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton city Clerk, respectively, of the City of Bremerton, the City that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. under my hand and official seal this ~ day of _ , 1992.~ Notary Public/in and' for the State_of~ Washington, ~esidlng at My appointment expires: LEASE AGREEMENT -10- GOLD MOUNTAIN LAND OWNERS ROAD REPAIR AND MAINTENANCE AGREEMENT AUGUST 4, 1983 The graveled portion of the road to the top of Gold Mountain, commencing immediately above the last residence on Mlnard Road, in Xitaap County, Washington, hereafter referred to as "the road" is in need of repair work, and after being repaired, needs to be maintained on an annual basis. The City of Bremerton, hereafter referred to as "City", agrees to do road repair work in 1983, consisting of D-9 bulldozer and grader operation to pull the berm aggregrate back to the center of the road, at a cost of $6,000. The City further agrees to do annual road maintenance consisting of road grading twice each year, at an estimated cost of $2,700. It is agreed that Pope & Talbot Timber Company will, in lieu of direct monetary payment for road repair, bear the cost and do the work of providing a new access-control gate across the road, at a point approximately one mile below Pope & Talbot's existing orange gate, which is a point immediately below the City's water shed fence line gate. It is agreed that Pope & Talbot's land leases using the road (XCPQ-TV Channel 13) should pay a one-ninth share ($666) of the cost of repairing the road. It is agreed that Pope & Talbot will pay a two-ninths share ($600) of annual road maintenance. Family Broadcast Company agrees to pay a on~-sixth share ($666) in 1983, for road repair, and a one-ninth share ($300) annually, commencing in 1984, for road maintenance. The City agrees to pay a one-third share ($2,000) for 1983 road repair, and a one-third annual share ($900) for road maintenance. Washington State Department of Natural Resources agrees to pay a one-third share ($2,000) for 1983 road repair, and a one-third annual shat& ($900) for road maintenance. A summary of the division of coat is as follows: Road Repair Road Maintenance City of Bremerton 1/3 1/3 Washington State DNR 1/3 1/3 Pope & Talbot Timber Co Relocate Gate 2/9 Family Broadcast Company 1/6 1/9 KCPQ TV - Channel 13 1/6 The City and Washington State DNR agree to equally fund any cash shortfall that might result from other landowners failing to pay their share of road repair or maintenance aa outline in this document. Remittance for road repair shall be made not later than thirty (30) days after notification by the City that repair work has been completed. Remittance for road maintenance shall occur in the month of January of tha current year Remittances shall be made payable to ~City Treasurer~, and delivered to City of Bremerton - 239 4th Street Bremerton, WA 98310. The City agrees to deposit all road repair and road maintenance funds into, and all payments out of, a separate trackable account. Funds unexpended in any given year will be carried forward for use in the following year. This agreement entered into by the following pa~ties: date City of Bremerton by .. by date Wash State D.N.R. by date Pope & Talbot by date Family Broadcast by date KCPQ TV - Ch. 13 by date