BE IT RESOLVED as follows:

Transcription

1 ' LAKEHA YEN UTLTY DSTRCT King County, Washington Resolution No A RESOLUTON of the Board of Commissioners of the Lakehaven Utility District, King County, Washington, approving the execution ofleases of portions of District property described herein. Whereas, the District owns parcels of real property upon which are located water storage tanks, and Whereas, various entities, both public and private, have expressed an interest in continuing the location of certain telecommunications facilities on the tank and/or tank sites, and Whereas, the parties desiring to execute leases covering the location of their respective telecommunications facilities on District property, and the Board, after holding a public hearing to consider such leases, believing the same to be in the best interests of the District; NOW, THEREFORE, BE T RESOLVED as follows:. The Board hereby finds that, pursuant to its existing water system comprehensive plan, the District has a continuing need for ownership of the following tank site properties: South 31 Oth & 8 th Avenue South 302"d& 56 th Avenue South 348 th & 26 th Avenue Southwest South 312 th & 21" Avenue South South 284 th Street & Old Military Road South South 302"d Street & 56 th Avenue South 2. The Board additionally finds that the lease of a portion of the following parcels to the designated lessees under terms and conditions of a "Lease Agreement" and for initial rent or other compensation set forth below would be in the best interests of the District: South 310 th & 8 th Avenue South - Federal Way Fire Department - Agreement to perform hydrant maintenance South 31 Oth & 8 th Avenue South - Seattle Amateur Radio Society - Agreement to provide emergency response assistance 302"d& 56 th Avenue South - TCl Cablevision - $ "d& 56 th Avenue South - American Medical Response - $ Page 1

2 348'" & 26'" Avenue Southwest - Federal Way Fire Department - Agreement to perform hydrant maintenance South 312'" & 21" Avenue South - TC Cablevision - $ South 284'" Street & Old Military Road South - Federal Way Fire Department - Agreement to perform hydrant maintenance South 302 nd Street & 56'" Avenue South - Federal Way Fire Department- Agreement to perform hydrant maintenance 3. The General Manager is hereby authorized, upon the receipt of adequate security therefore as required by law, to execute a "Lease Agreement", substantially in the form as attached hereto. ADOPTED by the Board of Commissioners of Lakehaven Utility District, King County, Washington, at an open public meeting this d.\2,~day of\a\~l)()y..s ' ATTEST: 4~~~~ V esl nt andco. ioner Yea Nay Abstain.f24~~tftL. c...-// VicePresidentandCommissioner Yea Nay Abstain ~J SecretaryandCo.s loner t/' Yea Nay Abstain ~fl~ y Yea Nay Abstain ~ij ~ Commissioner Yea Nay Abstain Approvedas to form: Jk>J{f~ Page 2

3 il STE LEASE FOR TELECOMMUNCATONS FACLTES THS NDENTURE of lease, made this of 19, by and between LAKEHAVEN UTLTY DSTRCT of King County, Washington, a municipal corporation, hereinafter referred to as "Lessor" and ~, hereinafter referred to as "Lessee". 1. Lease- Subject to the following terms and conditions, Lessor hereby leases to Lessee, certain space on the property described on Exhibit "A", attached hereto (the "Property"), for the placement, maintenance and operation of telecommunications facilities and appurtenances as shown on Exhibit "8", attached hereto. 2. Term- The initial term of this lease shall be years commencing on (the "Commencement Date") and terminating at Midnight on, the last day of the initial term. 3. Rent- Lessee shall pay Lessor, as Rent, Dollars per month ("Rent"). Rent shall be payable in advance beginning on the Commencement Date for the remainder of the month in which the Commencement Date falls and for the following month, and thereafter rent will be payable monthly in advance on the fifth day of each month for the following month. f this lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and any prepaid excess Rent shall be refunded to Lessee. (Reserved for other in-kind consideration). Lessee shall pay any taxes assessed on, or attributable to, the telecommunications facilities. 4. Renewal- Lessee shall have the right to extend this Lease for additional terms of years each ("Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that rent during the Renewal term shall be increased by % over the previous terms. This Lease shall automatically renew for each successive Renewal Term unless Lessee shall notify Lessor, in writing, of Lessee's intention not to renew this Lease, at least ninety (90) days prior to the expiration of the term or any Renewal Term. 5. nterference- Lessee shall not use the Premises in any way which interferes with the use of the Property by Lessor, or other lessees, employees or agents of Lessor. Similarly, Lessor shall not use, nor permits its lessees, employees or agents to unreasonably interfere with Lessee's use of the premises. t is agreed that if such interference does not cease following the provision of written notice demanding the same, it shall constitute a material breach of this lease and the non-defaulting party may bring suit to enjoin such A:\3-\STE LEASE AGR\Gen Telecom 2 Lease form.doc DLM 1/26/99 Page 1

4 interference or terminate this Lease. 6. Security- The parties acknowledge Lessor's obligation to receive from Lessee, pursuant to RCW , security for Lessee's performance of the lease terms. t is agreed that Lessee shall be required to post a bond, from a surety licensed in the State of Washington, for years rent for the lease term, and for the same period for each Renewal Term. At Lessor's option, Lessee may pay to the Lessor, an amount equaling months rent as security in lieu of the bond. 7. mprovements/access- Lessee shall have the right, at its expense, to erect and maintain on the Premises, improvements, personal property and facilities necessary to operate its telecommunication facilities, including without limitation,, as more fully shown on Exhibit "8" hereto. Lessee shall have no right, without the written consent of the Lessor, to make or install any improvements to it's facilities not described herein or otherwise alter its use of the Premise. Lessor shall have final approval over construction and/or installation of improvements, which approval shall not be unreasonably withheld or delayed. Lessee shall keep and maintain such facilities in commercially reasonable condition and repair during the term of this lease, normal wear and tear excepted. At the end of the lease, the Premises shall be returned to Lessor in good, usable condition, normal wear and tear excepted. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee a non-exclusive easement, for the term of the lease, for ingress and egress to the Premises adequate to install and maintain the improvements and necessary appurtenances. 8. Operating Conditions- Lessee agrees to abide by each and every operating condition set forth in Exhibit "C", attached hereto. Failure to abide by any such operating condition shall constitute a material breach of the Lease and, upon written notice to Lessee and failure to cure within five (five) days, entitle Lessor to declare the Lease immediately terminated and enforce such termination in a court of competent jurisdiction. 9. Termination- Either party may terminate this lease at the end of any lease year on the provision of written notice no less than six months prior to the end of such lease year. 1O. Utilities- n addition to the aforesaid Rent, Lessee shall pay, as accrued, all utilities used or consumed upon the lease premises by Lessee and its facilities, and any and all other charges or expenses incurred for services performed on or for the lease premises for Lessee. 11. Hold Harmless/lnsurance- Lessee shall hold harmless the Lessor and Lessor's agents from all damage of every kind and nature whatsoever that may be claimed or accrue by reason for any A:3-\STE LEASE AGRGen Telecom 2 Lease lonm.doc DLM 1/26/99 Page 2

5 accident in or about the Premises and areas adjacent thereto caused by the acts or neglect of the Lessee or any agent of Lessee. For purposes of this section, Lessee shall procure a policy of comprehensive commercial general liability insurance which names the Lessor as an additional insured with limits not less than 12. Applicable Laws- The Lessee, in the use and occupation of the demised premises and in the operation of any activity thereon, shall comply with all requirements of all applicable laws, orders, ordinances, rules and regulations of the federal, state, county and municipal authorities. 13. Time of the essence- Time is of the essence in all matters relating to the performance term of this lease herein. of each and every 14. Assianment- The parties agree that this Lease shall not be assignable by Lessee without the written consent of Lessor. Should Lessor be acquired in part by any municipal entity pursuant to statutory assumption proceedings and should Lessor continue to exist a municipal corporation, Lessee's obligation to pay Rent to Lessor shall continue regardless of whether or not Lessor continues to own the Premises. N WTNESS WHEREOF, Lessor and Lessee have set their hands and seals the day and year above set forth. Lessee: By: ts: date: Lessor: LAKEHAVEN UTLTY DSTRCT By: ts: date: Approved as to form: General Counsel A:13-STE LEASE AGRGen Telecom 2 Lease form.doc DLM 1/26/99 Page 3

6 NOTCE OF HEARNG ON LEASE OF PUBLC PROPERTY Pursuant to RCW , notice is hereby given that a public hearing shall be held by the Board of Commissioners of the Lakehaven Utility District, on January 28, 1999 at 7:00 p.m., at the Lakehaven Center, st Avenue South, Federal Way, WA 98003, to consider the matter of the execution of real property leases for the following described District property:. Site- Tank-site, S. 310th & 8 th Avenue S., Federal Way, WA. Lessee- Federal Way Fire Department. Lease Payments- Agreement to perform hydrant maintenance. 2. Site- Tank-site, South 310 th & 8 th Avenue S., Federal Way, WA. Lessee- Seattle Amateur Radio Society. Lease Payments- Agreement to provide emergency response assistance. 3. Site- Tank-site, 302 nd & 56 th Avenue S., Auburn, WA. Lessee- TC Cablevision of Washington. Lease Payments- $800 per month. 4. Site- Tank-site, 302 nd & 56 th Avenue S., Auburn, WA. Lessee- American Medical Response. Lease Payments- $400 per month. 5. Site- Tank site, 348 th & 26 th Avenue S.W., Federal Way, WA. Lessee- Federal Way Fire Department. Lease Payments- Agreement to perform hydrant maintenance. 6. Site- Tank-site, S.312'h & 21st Avenue S, Federal Way, WA. Lessee- TC Cablevision (t 7. of Washington. Lease Payments- $800 per month. Site- Tank-site, S. 284 th St. & Old Military Road South., Federal Way, WA. Lessee- Federal Way Fire Department. Lease Payments- Agreement to perform hydrant maintenance. 8. Site- Tank-site, S. 302 nd St. & 56 th Avenue S., Auburn, WA. Lessee- Federal Way Fire Department. Lease Payments- Agreement to perform hydrant maintenance. nterested persons are invited to appear at the public hearing and provide comment on the proposed leases. For more information on any of the leases or lease sites, please contact Mary Ausburn at (253) during regular business hours. Published January 14 & 21, ~ ~;w1 ~ Dick Mayer, Secreta Board of Commissioners Lakehaven Utility District