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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
FROM:
DATE:
RE:
Board of County Commissioners
Janet SiIvus, Jeff Com 911 Director
February 7, 2011
JEFFCOM InterlocaI Agreement with City of Port Townsend for Tower Site
STATEMENT OF ISSUE: Approval and execution ofan InterIocal Agreement between JeffCom 911 and the
City of Port Townsend for the use of property at the City water reservoir site for construction of a radio tower and
related facilities.
ANALYSIS: JeffCom has an outdated radio tower on City-owned property at Morgan Hill. The JeffCom Radio
Improvements Project will replace that. facility with a new 180' radio tower and related facilities at the City water
reservoir site located at 2911 - 20th Street. The attached Inter10cal Agreement provides for a 30 year rent.free
agreement for JeffCom use of City property to construct and operate the tower and radio facilities. It also allows
for other City and public use of the tower at no rent and for sub-lease for co=ercial entities with revenue sharing
between the City and JeffCom. The project is currently in the final stage of City Conditional Use Permitting and
will be subject to normal land use approval and building permits. This agreement is needed before permits can be
issued and the facility constructed, beginning in late February or March 2011.
This Interlocal Agreement was approved by the JeffCom Administrative Board on January 27, 2011.
FISCAL IMPACT: Funds for construction of the facilities will be provided by the JeffCom Enhancement Fund
121 which was funded by a 2007 bond issue. An additional bond issue is being developed separately to complete
the project. The Interlocal Agreement provides for JeffCom use rent-free and any co=ercial1ease revenues to be
first applied to JeffCom costs with subsequent revenues split between the City and JeffCom. See the Agreement
for details.
RECOMMENDATION: Move to approve and execute the Interlocal Agreement between JeffCom 911 and the
City of Port Townsend for use of City property for a radio tower and related facilities.
cdun
Agreement City - County/JeffCom for Reservoir Tower
INTERLOCAL AGREEMENT
City Reservoir Site and Jeff Com Communications Tower
(2011)
THIS AGREEMENT is made this _ day of
party signs this Agreement), by and between:
1. THE CITY OF PORT TOWNSEND, a Municipal Corporation, referred to as
"City," and
2. Jeff Com 911 Communications, an agency of Jefferson County, a Municipal
Corporation, formed and managed pursuant to an Interlocal Agreement executed in
2007, referred to as "JeffCom."
, 2011 (the date which the last
RECITALS:
A. City is the municipal government of the City ofPort Townsend. City owns property
generally located at 20th and Rainer in the City and legally described as:
See attached Exhibit A.
The site is referred to as the "reservoir site" because the City maintains water reservoirs (and
other operations) at the site. The Assessor's Parcel Number for this real property is
001092004 together with access and utility easements from and across adjacent City-owned
Assessor's Parcel Numbers 001091001 and 001044016.
B. J effCom provides emergency communications services to member public safety agencies
pursuant to an Interlocal Agreement. JeffCom is fimded through various means, including
agreements with member agencies (including the City) which use and directly benefit from
JeffCom's communication services. Each member agency pays its proportionate share of
J effCom costs.
C. JeffCom desires to locate communications equipment at the City reservoir site. One option
was for this equipment to be co-located on a tower proposed to be built by a private
communications company. The City and JeffCom determined that the outcome that best
serves the City's, the County's, JeffCom's and other public interests is for JeffCom to build
a tower on the site, with any private company locating on this tower ifit chooses (and
subject to mutually acceptable lease terms). Among benefits of a JeffCom tower:
. As part of the City and County's critical public safety infrastructure, JeffCom has
control over the tower in contrast to being a lessee on a private entity's tower.
. JeffCom and the City have the opportunity to receive rents and other monetary
consideration from commercial entities like Verizon Wireless to offset tower costs
and provide revenue.
Agreement City . County/JeffCom for Reservoir Tower
. The tower can accommodate other government and community uses on a basis that
serves the community. The City has identified a public interest in supporting a
nonprofit community radio operation. The tower would support other governmental
operations, including municipal broadband and City Public Works Department
communications equipment This interloca1 agreement provides that these entities
would be able to locate on the JeffCom tower at no monthly rental (unlike on a tower
provided by Verizon Wireless, where these entities would pay rent) with fees and
costs paid to the City and JeffCom as appropriate.
D. On March 1, 2010, the City Council adopted Resolution 10-005 setting forth conceptual
terms for JeffCom to locate a tower at the reservoir site. This Agreement substantially
implements those terms for the City.
E. JeffCom desires to locate tower and related equipment at the reservoir site, subject to the
terms of this Agreement. City desires to allow JeffCom to locate a communications tower
and related equipment at the reservoir site, subject to the terms of this Agreement.
F. These Recitals are a material part of this Agreement.
G. The parties enter into this Interloca1 Agreement pursuant to the authority granted to them by
Ch. 39.34 RCW, the Interloca1 Cooperation Act.
IN CONSIDERATION OF THE RECITALS, TERMS, COVENANTS AND CONDITIONS
SET OUT HEREIN, THE CITY AND JEFFCOM HEREBY AGREE AS FOLLOWS:
1. LEASE OF SPACE AT RESERVOIR SITE FOR JEFFCOM TOWER; RENT
a. Subject to the terms of this Agreement, City hereby leases to JeffCom certain property
which is located at the reservoir site. The leased premises (herein, the ''leased premises") is
legally described as:
See attached Exhibit B.
The leased premises include access to the premises from 20th Street shown as "proposed
JeffCom 20' - 0" utilities and access easement" and ''proposed tenant driveway and parking
area" on Exhibit B.
b. In consideration of J effCom performing all obligations set forth in this Agreement, there is
no monetary rent paid by JeffCom to the City.
2. PRIME LEASE
For purposes of other co-locations and/or sub-leases, this Agreement constitutes the Prime
Lease and all other co-locations and/or sub-leases shall be subordinate and subject to the
terms and conditions of this Agreement. In the event of any inconsistency or conflict, the
terms and conditions of this Agreement shall govern and control. Any and all co-location
2
Agreement City - Connty/JeffCom for Reservoir Tower
and/or sub-lease agreements shall include provisions referring to the terms and conditions of
this Agreement and acknowledgement thereof.
3. USES
a The leased premises are intended for JeOCom's 180' self-supporting radio tower, a radio
equipment building and an emergency power generator. As noted in paragraphs 6 and 7, the
leased premises are also intended for the use of other City, County and community radio
uses and equipment as well as potential use by one or more commercial entities, such as
two-way, microwave and data communications providers. No change in use from
communications equipment and use shall be made without further amendment to this
Agreement.
b. JeOCom and other approved co-Iocators and/or sub-lessees shall have the rights to access the
leased premises for all necessary purposes including survey, testing, site work, construction,
installation, operation, maintenance and repair for the term of this Agreement as needed
upon receipt of and in accordance with proper building and other required permits, to the
extent such permits are needed.
c. All facilities and grounds within the leased premises shall be the responsibility of JeOCom
and/or any co-locators or sub-lessees. All facilities and grounds shall be maintained in good
working condition and appearance. Any abandoned or unused facilities or equipment shall
be removed by JeOCom and/or any co-locators or sub-lessees, unless the parties agree
otherwise in writing.
d. JeOCom and/or any co-locators or sub-lessees shall take all precautions necessary to ensure
the safety and protection of all persons and materials on the leased premises while accessing
or working on the facilities. JeOCom and/or any co-locators or sub-lessees shall comply
with all applicable local, state and federal laws.
4. JEFFCOM TOWER AND RELATED FACILITIES.
a Subject to the terms of this Agreement, JeOCom agrees, at its own cost, to construct a 180'
tower and related communications facilities on the leased premises. The proposed tower is
generally described on Exhibit C, and the proposed site plan of proposed improvements is
generally shown on Exhibit D.
b. J eOCom will be solely responsible for all costs of construction, including engineering, site
development and permitting, and any required mitigations.
c. J eOCom will diligently pursue obtaining all necessary permits. JeffCom will substantially
complete the tower no more than three (3) months after it obtains the necessary permits.
d. Upon construction, JeOCom shall, subject to the terms of this Agreement, own, maintain in
sound condition, and operate the tower and related facilities for its existing and future
emergency communications needs.
3
Agreement City - CountyfJeffCom for Reservoir Tower
e. JeOCom has identified a current space requirement for its needs. Its use, and the potential
use requirements of other known or potential users, is preliminarily depicted on Exhibit C.
If J eOCom needs more space on the tower in the future for its expanded needs, its needs
shall be given priority in the following order:
. JeOCom's existing and future use;
. City and County uses for City and County broadband equipment, City Public Works
Department antennas;
. Nonprofit community radio (see paragraph 6 below);
. Commercial entity (see paragraph 7 below);
. Other uses, including other governmental, non-profit or commercial uses.
Prior to leasing or allowing space to a lower order user, J eOCom would take into account
whether a user with a higher priority has expressed an interest in potential use of the tower,
and whether the user's proposal would conflict with a potential use of a user holding a
higher priority. For example, if a second commercial user sought to rent space on the tower,
and such use would interfere with the space proposed to be used by (say) a nonprofit
community radio (a higher priority), then JeOCom would take into account the nonprofit
community radio entity's plans, abilities and timeframe to use the tower in determining
whether to rent to the commercial user, and allow the radio user a period of time to negotiate
its needs for space on the tower.
5. TERM OF AGREEMENT; RENEWAL
This Agreement shall be for a period of (approximately) thirty (30) years, commencing on
the date of this Agreement, and shall expire on December 31, 2040. This Agreement shall
continue for successive five-year renewals on the same terms of this Agreement. Provided,
on or before January I, 2037, either party may terminate this Agreement on January I, 2040,
by giving at least three (3) years written notice of termination for the Agreement to
terminate on January 1, 2040, and after January 1, 2040, either party may terminate this
Agreement by giving at least three (3) years written notice oftermination for the Agreement
to terminate on January I which is more than three years from the notice.
6. CO-LOCATION OF CITY, COUNTY AND COMMUNITY USES AND
EQUIPMENT ON THE TOWER.
a. While the primary use of the tower is for JeOCom emergency communications equipment,
the parties' agree that the tower will also accommodate a number of known and potential
City, County, and community uses and equipment. At the time this Agreement is entered
into, the parties have made a preliminary review for the following uses and equipment that
would be located on the tower:
. City broadband equipment
. City Public Works Department antenna
. Nonprofit community radio station
b. JeOCom's engineering and construction of the tower will pre-plan for the location of the
equipment of these users.
4
Agreement City - County/JeffCom for Reservoir Tower
. All such equipment shall be allowed to locate on the tower.
. Such use shall be in a manner and subject to such lease terms as J effCom determines to
be appropriate, including, that any such use or equipment will not interfere with
JeffCom's use or equipment;
. The location of equipment on the tower by the City and nonprofit community radio
station users shall be at no rent or other cost to the entity which owus the equipment,
except as noted in this paragraph. Rent, if any, for County and other community users
shall be determined by the JeflCom Administrative Board on a case by case basis, based
on the benefit to the public and J eflCom users. However, for any user, all costs for the
installation and maintenance of the equipment on the tower will be borne by the entity
which owus the equipment. Any user shall pay a fair share of all utilities (unless the
user's utility is separately metered to the user).
. Any use or lease agreement will provide that the use or lease is subject to JeffCom's
right to re-Iocate the use off the tower (in order, for instance, for J effCom to lease space
to other commercial entities), so long as JeffCom pays all costs of such relocation and
the relocation is to a facility that provides substantially equivalent function and operation
as the user's functions and operations on the JeffCom tower.
7. CO-LOCATION OF COMMERCIAL EQUIPMENT ON THE TOWER.
a In addition to uses identified above, the parties desire to obtain rents or other monetary
consideration by a lease of ground and tower space to at least one commercial entity.
Currently, the parties are discussing with Verizon Wireless for the possible location of its
equipment on the tower and ground on terms to be negotiated. Assuming terms can be
negotiated with Verizon Wireless, the tower and premises would accommodate Verizon
Wireless's equipment. If a lease with Verizon Wireless cannot be negotiated within 12
months of the date of this Agreement, the space that would have been leased to Verizon
Wireless shall be kept available for lease to one or more other commercial entity(-ies). This
does not prevent J eflCom from using such space for itself or allowing others to use such
space on an interim basis so long as the space can be made available for use by a
commercial entity who may want to locate on the tower in the future.
b. J effCom's engineering and construction of the tower will reasonably pre-plan for the
location of the equipment ofVerizon Wireless's equipment.
c. Any lease with Verizon Wireless or other commercial entity for tower and ground space is
subject to the joint written approval of the City and J eflCom. Lease terms shall include:
. Any such use or equipment will not interfere with JeflCom's use or equipment, or the
use or equipment of the users identified in paragraph 4.
. Any ground space would be located within the leased premises (Exhibit B). If ground
space is needed outside the leased premises, such space would be available on such
terms as the entity and City agree on, with rents or other consideration belonging to the
City.
5
Agreement City - County/JeffCom for Reservoir Tower
d. The City and JeffCom agree that the rents or other monetary consideration from the highest
revenue commercial lease of tower and ground space will be allocated to "full capital costs"
as follows:
"Full capital costs" represents an amount, preliminarily estimated at $1,240,000, for
JeffCom's tower construction, including, engineering, site development and permitting, and
any required mitigations, and other items shown on Exhibit E, which amount is equal to the
amount of additional bonds required to complete the JeffCom radio improvements project
that exceed the original $2,516,000 bond funds (with allowance for additional engineering,
microwave and simulcast radio that are adjusted to achieve that total because those costs are
not directly accounted for the City Reservoir Site; they apply to the total project) plus an
allowance for the costs for an upgrade of JeffCom's Computer Aided Dispatch (CAD)
system.
1) So long as any balance remains on the amount of "full capital costs:"
. First, all rents or other monetary consideration from the highest revenue co=ercial
lease are allocated to the "full capital costs".
. All rents or other monetary consideration from the next highest revenue, and subsequent,
co=erciallease(s) are allocated as follows: 50% to JeffCom to be allocated to the "full
capital costs" and 50% to the City.
. If the highest revenue sub-lessee terminates its lease, revenue from the second highest
revenue-paying sub-lessee moves to the highest revenue position and would all go to pay
for JeffCom's "full capital costs" with any revenue from subsequent sub-lessee(s) being
split between JeffCom (and allocated to "full capital costs") and the City.
2) After the full capital costs are recovered, all rents or other monetary consideration are to
be divided equally between City and JeffCom.
e. JeffCom shall keep records of rent payments from any and all co=ercial subleases at the
City Reservoir site.
8. CO-LOCATION OF OTHER GOVERNMENTAL, COMMERCIAL OR NON-
PROFIT EQUIPMENT ON THE TOWER.
To the extent that such use does not interfere with the uses identified above, J effCom may
allow other governmental, commercial or non-profit entities to lease space on the tower
and/or ground, subject to the following:
. All leases shall be based on fair market rent (and not be for in-kind services uuless both
the City and JeffCom agree).
. All income shall be allocated in the same manner as provided in paragraph 7.
. Any such use or equipment will not interfere with JeffCom's use or equipment, or the
use or equipment of the users identified in paragraph 4.
6
Agreement City _ Connty/JeffCom for Reservoir Tower
. Any ground space would be located within in the leased premises (Exhibit B). If ground
space is needed outside the leased premises, such space would be available on such
terms as the entity and City agree on, with rents or other consideration belonging to the
City.
9. FIRST RIGHT TO NEGOTIATE A PURCHASE
a. In the event that JeffCom determines during the term of this Agreement, including any of its
extensions, that the tower should be and becomes available for sale, in whole or in part, the
City shall have First Right to Negotiate a Purchase, as follows:
b. JeffCom shall give City written notice of its intent to sell, the purchase price, and any
required terms of sale. City shall then have sixty (60) days during which to negotiate in good
faith with JeffCom according to the required terms and asking purchase price.
c. If a negotiated agreement is not reached by the end of the 60-day option period, J effCom
may then offer the tower to any other buyer, provided JeffCom must first offer the tower to
the City on the same terms as offered by any other buyer, and the City shall have sixty (60)
days during which to purchase the tower on those terms. If the City does not, then the sale
to the other buyer may proceed. If the sale to the buyer does not occur, then the City's rights
apply to any subsequent offer.
d. Any sale is subject to the rights and obligations of this Agreement.
10. GENERAL CONDITIONS.
A. Utilities. JeffCom shall pay all utilities in connection with its use of the tower and related
equipment, Provided, other users shall pay their proportional share of utilities associated with their
use of the tower or ground and any specific sub-metered or utility metered usage.
B. Assignment or Transfer. JeffCom shall not assign or transfer this agreement or any interest in
the Agreement, without the City's prior written consent, which the City will not unreasonably
withhold. This section ouly means that the right to maintain a tower at the site is the right of
JeffCom and JeffCom cannot give that right to anyone else without the written consent of the City.
This section does not prohibit the J effCorn, in its own discretion, and not with any requirement for
City approval, from selling the tower, however, the right of sale is subject to a First Right To
Negotiate A Purchase as set forth in this Agreement.
C. Dispute Resolution. Any controversy or claim arising out of or related to this Agreement or the
breach or alleged breach thereof shall first be brought to a three-person panel consisting of the
JeffCom Director, the City Manager and a third person the first two persons listed here agree upon. If
that three-person panel cannot resolve the issue, then the issue will be submitted for decision
according to the procedures of the American Arbitration Association. Each party shall bear its own
costs, expenses and legal fees during any dispute resolution process. Jurisdiction for any arbitration
action shall be Jefferson County. Jurisdiction for any legal action, complaint or other form of judicial
relief shall be in the Superior Court for Jefferson County, W A.
7
Agreement City - Connty/JeffCom for Reservoir Tower
D. Other laws. The parties shall comply with all federal, state and local laws and ordinances
related to use of the said premises, including but not limited to, laws against discrimination, and
laws relating to prevailing wages and public bidding.
E. Accidents. Liabilitv. Insurance. Release. JeffCom shall hold the City harmless from, any claim,
action and/or judgment, including reasonable attorney fees and court costs, for any injury to any
persons or for damage to any property arising out of JeffCom's use of the premises. JeffCom shall
maintain its own insurance on the tower and equipment for any loss or damage, and waives and
releases all claims against the City, and its employees, and against, with respect to any damage or
loss to JeffCom's property for which J effCom has agreed to provide property insurance as set forth
above, from any cause, including negligence, but not including intentional acts by City.
It is further specifically and expressly understood that the indemnification provided herein
constitutes JeffCom's waiver of immunity under Industrial Insurance, 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 Agreement.
F. Notices. All notices hereunder may be personally served, delivered or mailed. If mailed, they
shall be sent by certified or registered mail to the addresses:
CITY:
City Manager
City Hall
250 Madison Street, #201
Port Townsend, W A 98368
Jeff Com:
J effCom Director
8lElkins Road
Port Hadlock, WA 98339
And copy to the County at:
County Administrator
Jefferson County Courthouse
PO Box 1220
1820 Jefferson St.
Port Townsend, W A 98368
or to such other respective addresses as either party or the County Administrator hereto may
hereafter from time to time designate in writing. Notices sent by mail shall be deemed to have been
given when properly mailed, and the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing. Notices may also be sent electronically with paper
copies to follow via the United States Postal Service.
8
Agreement City . Connty/JeffCom for Reservoir Tower
G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remainder of the Agreement will not be affected, and in
lieu of each such provision that is found to be illegal, invalid, or unenforceable, provision will be
added as a part of this Agreement that is as similar to the illegal, invalid, or unenforceable provision
as may be legal, valid, or enforceable.
H. Advice Of Counsel: Construction. The parties warrant and represent to each other that they
have had representation by legal counsel and/or have had the opportunity to be represented by legal
counsel during all stages in the negotiation of this Agreement. The parties further agree that they
have participated in the negotiating and drafting of this Agreement and stipulate that this Agreement
shall not be construed more favorably with respect to either party.
I. Recording. On execution of this Agreement by all parties, JeflCom shall record this Agreement
with the Jefferson County Auditor.
J. Administrator. The City's representative for purposes of administering this Agreement is the
City Manager.
J eflCom's representative for purposes of administering this Agreement is the JeflCom Director.
The County's point of contact for this Agreement is the County Administrator at the address listed
above in Section 1 D.F.
K. Rights of Other Parties. It is understood and agreed that this Agreement is solely for the benefit
of the City, the County and JeflCom and conveys no right to any other party, person or entity.
L. Binder. This Agreement shall be binding upon the parties hereto, their successors and assigns.
M. Entire A2l'eement: Revocation of Prior A2l'eements: Amendments. This Agreement contains
the entire agreement of the parties hereto with respect to the subject matter of this Agreement and
use of the premises, and any other agreement, statement, promise, representation or understanding
by any party hereto, or any of their respective agents, representatives, employees or principals
which is not contained in this Agreement, is hereby mutually rescinded and revoked and shall not be
binding or valid.
Any amendments or additions or modifications to this Agreement shall be in writing executed by
the parties hereto. Neither party shall be bound by any verbal or implied agreements.
9
Agreement City - Connty/JelICom for Reservoir Tower
CITY OF PORT TO
By:
David Timmons, City Mana
City Hall
250 Madison Street, #201
Port Townsend, WA 98368
By:
JEFFERSON COUNTY approves and consents to the terms of this Agreement and indieates
its approval and consent by the signatures of its County Commissioners.
JEFFERSON COUNTY
Commissioner
Approved as to form. only:
~~:)~~~
By:
Commissioner
By:
By:
Commissioner
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
~. .
On this S I~y ofQIfU"<4~, 2011, before me the undersigned, a Notary Public duly commissioned and
sworn, personally appeared:QJMd Tlmm6bs, known to be the CIty Manager of the CITY OF PORT TOWNSEND, the
municipnlity that executed the foregoing Agreement, and acknowledged the said instrument to be the free and
voluntary act of said municipnlity, for the uses and purposes therein mentioned, and on oath stated that he is authorized
to execute the said instrument on hehalf of the municipnlity.
WITNESS my hand and official seal hereto nffixed the day and year in this certificate above written.
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Agreement City - Connty/JeffCom for Reservoir Tower
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this _ day of ,2011, before me the undersigned, a Notary Public duly commissioned and
sworn, personally appeared Janet SOvns, known to be the JeOCom Director, that she executed the foregoing
Agreement, and acknowledged the said instrument to be the free and voluntary act of said entity, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the
entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
[print name]
NOTARY PUBLIC in and for the State of Washington,
residing at . My appointment expires:
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this _ day of ,2011, before me the undersigned, a Notary Public duly commissioned and
sworn, personally appeared John Austin, known to be one of the Jefferson County Commissioners, that he executed the
furegoing Agreement, and acknowledged the said instrument to be the free and voluntary act of said entity, fur the uses
and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the
entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
[print name]
NOTARY PUBLIC in and for the State of Washington,
residing at . My appointment expires:
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this _ day of , 20 II, before me the undersigned, a Notary Public duly commissioned and
sworn, personally appeared Phll Johnson, known to be one of the Jefferson County Commissioners, that he executed
the foregoing Agreement, and acknowledged the said instrument to be the free and voluntary act of said entity, fur the
uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of
the entity.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
[print name]
NOTARY PUBLIC in and for the State of Washington,
residing at . My appointment expires
11
Agreement City. Connty/JeffCom for Reservoir Tower
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this _ day of ,2011, before me the undersigned, a Notary Public duly commissioned and
sworn, personally appeared David Sullivan, known to be one of the Jefferson County Commissioners, that be executed
the foregoing Agreement, and acknowledged the said instrument to be the free and voluntary act of said entity, for tbe
uses and purposes therein mentioned, and on oath stated that he is anthorized to execute the said instrument on behalf of
the entity.
WITNESS my hand and official seal hereto affixed the day and yeat in this certificate above written.
[print name]
NOTARY PUBliC in and for the State of Washington,
residing at . My appointment expires
~ ~ '1/1/2>>11
Approved as to form only LJ
Chief Civil DP A David Alvarez
12
Agreement City. Connty/JeffCom for Reservoir Tower
EXHIBIT A - LEGAL DESCRIPTION
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M.
TOGETHER WITH ACCESS AND UTILITY EASEMENTS FROM AND ACROSS ADJACENT
CITY -OWNED PROPERTY SHOWN AS ASSESSOR'S PARCEL NUMBERS 001091001 AND
001044016, ALL AS SHOWN ON EXHIBIT B.
City reserves the right to relocate at its cost the access and utility easements across its property so long as
substantially equivalent access and utility easements are available to serve the leased premises.
13
Agreement City.. County/JeffCom for Reservoir Tower
EXHIBIT B - LEASED PREMISES
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PROPOSED JEFf COlI
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EXHIBIT B
LEASE AREA
RElEASE' ooe
23AUGl0
SITE PlAN
PORT TOWNSEND WT
291 1 20TH STREET
PORT TOWNSEND, WA 98368
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14
Agreement City - County/Jeff Com for Reservoir Tower
EXHIBIT C - PROPOSED TOWER
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Agreement City - County/JeffCom for Reservoir Tower
EXHIBIT D - PROPOSED IMPROVEMENTS
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PROPOSED KE.YSTONE
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PROPOSED JEFFCOM
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EXHIBIT D
PROPOSED
FACIUTY
RElEASE ooe
2JAUGI0
fB
SITE PLAN
PORT TOWNSEND WT
291 1 20TH STREET
PORT TOWNSEND. WA 98368
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16
Agreement City - County/JeffCom for Reservoir Tower
EXHIBIT E - FULL CAPITAL COSTS
City Reservoir Site Cost Estimate, November 2010
General site construction
Tower purchase and shipping
Equipment shelter purchase and shipping
Emergency generator purchase and shipping
Allowance for additional engineering and permitting
Allowance for microwave and simulcast radio and other costs
TOTAL ESTIMATED COST
Allowance for Computer Aided Dispatch (CAD) System Upgrade
TOTAL 'FULL CAPITAL COSTS' FOR THIS AGREEMENT
$468,825
$77,440
$51,550
$24,435
$40,000
$177.750
$840,000
$400,000
$1,240,000
NOTES:
1. The TOTAL ESTIMATED COST is equal to the amount of additional bonds required to
complete the JefiCom radio improvements project that exceed the original $2,516,000 bond
funds. Allowance for additional engineering, microwave and simulcast radio are adjusted to
achieve that total because those costs are not directly accounted for the City Reservoir Site
(they apply to the total project).
2. After completion of the JefiCom radio system improvements project and the CAD System
Upgrade, the above figures shall he adjusted to the actual costs of the additional bonds
issued for the radio improvements project and the CAD System Upgrade. This Exlnbit E
shall then be amended by written agreement of the Parties.
17