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HomeMy WebLinkAboutCAG1987-0512 - Original - GWC Seattle, Inc. - Lease of Kent-Water District 111 facilities - 06/01/1987 F r J U N 1 1987 LEASE AGREEMENT PART A - SIGNATURE FORM 1 . PARTIES. THIS LEASE AGREEMENT entered into by and between the CITY OF KENT,as municipal corporation, and WATER DISTRICT 111 , duly organized and Initial existing under the laws of the State of Washington, its successors and C (0c SO4Trzil", assigns, as Lessor (hereinafter referred to as the "City") , and a corporation organized under the laws of t e � State�of Lessee's heirs, successors, and assigns (hereinafter�� referred to as "Lessee"), WITNESSES THAT: 2. PREMISES. The City, as the legal owner of the real property described as follows: THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON$ AND IS DESCRIBED AS FOLLOWS: The West 150 feet of the South 300 feet of the North 330 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 33, Township 22 North, Range 5 East, W.M. , in King County, Washington; ALSO that portion of the Southwest quarter of the Southwest quarter of the said Southeast quarter of Section 33, lying easterly of the westerly 508 feet thereof and northerly of the southerly 429 feet of the said Southwest quarter of the Southwest quarter of the Southeast quarter and southerly of the northerly 30 feet of the said Southwest quarter of the Southwest quarter of the Southeast quarter; ALSO that portion of the South 300 feet of the North 330 feet of the Southwest quarter of the Southwest quarter of the said Southeast quarter of Section 33, lying southerly of the North line at a southerly 429 feet of the said Southwest quarter and easterly of the following described line: Beginning at a point on the South line of the said Southwest quarter of the Southwest quarter of the Southeast quarter which is 508 feet easterly of the Southwest corner thereof; thence northly to a point of said North line of the southerly 429 feet at the Southwest quarter which is 509.70 feet easterly of the West line of the said Southwest quarter and the terminus said line description; TOGETHER WITH an easement over, under and across the East 30 feet of the West 180 feet of the North 330 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 33, Township 22 North, Range 5 East W.M. , King County, Washington; TOGETHER WITH an easement over, under and across the North 30 feet of the West 150 feet of the said Southeast quarter of the Southwest quarter of the Southeast quarter; also that portion of the North 30 feet of the Southwest quarter of the said Southwest quarter of the Southeast quarter lying easterly of 124th Avenue Southeast; also that portion of the South 30 feet of the Northwest quarter of the said Southwest quarter of the Southeast quarter lying easterly of 124th Avenue Southeast; . EXCEPT all coal and minerals and the right to explore and mine the same. does hereby lease to the Lessee and the Lessee does hereby lease from the City the above-identified property, commonly known as Kent - Water District 111 facilities for the purposes and subject to the limitations discussed hereinafter, and in PART B - GENERAL TERMS AND CONDITIONS. 3. PURPOSES 'AND RECITALS. (a) The City hereby authorizes and permits Lessee to sub-lease herein tower space on a facility owned by Cable TV of Puget Sound, Inc. located on the property owned by the City described in paragraph 2. (b) The City hereby authorizes and permits the Lessee to construct/install and maintain a microwave dish, a building (8.5 feet by 6.5 feet, and 10 feet in height) , and necessary appurtenances located on the property as legally described in paragraph 2 above. (c) Lessee shall furnish to the City drawings or blue prints drawn to work scale describing the nature of the work, position and location of all components�of the installation and details of the facilities. The design and construction of all facilities shall be in compliance with federal , state and local statutes, laws or administrative regulations. No initial work shall commence on the project until the City, or its designated representative, has reviewed and approved in writing the installation drawings. Construction shall be performed in conformance with the approved drawings as determined by the City of Kent. (d) It shall be the sole responsibility of the Lessee to procure all necessary permits, licenses and lease from Cable TV of Puget Sound, Inc. or its successors in interest for the construction, installation and operation of said facilities. Lessee shall secure such permits, licenses and lease. Notwithstanding paragraph 5, below, or any other paragraph herein, upon the failure of Lessee to secure or retain a necessary permit or license or lease from Cable TV of Puget Sound, Inc. , or its successors in interest, this agreement and lease, and all obligation hereunder, shall be terminated, delinquent rent shall be paid to the City, and the City reimbursed for all direct expenses incurred as a result of this lease. All leased Cable TV equipment, improvements and materials, as directed by the City, shall be removed from City's premises. (e) The Lessee shall keep and maintain the equipment installed under this agreement and all accessories and appurtenances in a safe, neat, painted and orderly condition and promptly correct any deficiencies. The Lessee shall also maintain the grounds and landscaping, but shall - 2 - not apply chemicals without prior approval by the City. No on sight storage shall be allowed without the prior written consent of the City. (f) Lessee shall , upon completion of installation, immediately restore improvements of the City which are disturbed, to the condition existing prior to entry by Lessee. (g) The Lessee shall not interfere with the City's maintenance of the real property improvements thereon, or the operation of the City business. (h) The City, its agents and employees, will perform no maintenance, repair or work of any kind on Cable on Lessee's installation, equipment, or appurtenances without first obtaining written permission from Lessee. Provided however the City shall be granted immediate access to perform any maintenance repair or work in an emergency as determined by the City. (i ) Lessee shall have the right during the lease term to enter said property described in paragraph 2, bove, to maintain ai nsee ain its facilities and make necessary repairs and upga des. ange and provide access to the sight for its purposes. Lessee covenants that any repair, maintenance or upgrades of its facilities shall be done in a workman-like manner and in compliance with all applicable federal , state and municipal laws and regulations. 4. TERM. The term of this agreement shall be for five (5) years, commencing wTtT the date of execution of this agreement subject, however, to the terms of Paragraph 5; renewable for an additional five (5) years with rental rates subject to negotiation. Provided, however, either party may terminate this Lease Agreement at any time by written notice to the other party, given eighteen (18) months prior to such termination. Upon Wiftl termination of this Lease Agreement, Lessee shall remove all equipment and poll appurtenances installed by it and shall , notwithstanding Part B, Paragraph .,�16. Surrender of Premises, restore Lessor's property disturbed by such remova to* )e/ same con ition it was prior to Lessee's installations. Such removal and restoration shall be completed within 30 days of the termination of the agreement. 5. In the event that Cable TV of Puget Sound, Inc. 's lease is not continued for whatever reason through the duration of this lease and extension, this lease will automatically terminate therewith. 6. RENT. In consideration for the above the Lessee shall abide by the terms and conditions of this lease and shall pay the following rent: (a) $100 per month for the balance of 1987. (b) $125 per month ($1 ,500 per year) for the calendar years 1988, 1989, and 1990. (c) $175 per month ($2,100 per year) for the calendar years 1991 , and for the balance of the year 1992. *substantially the - 3 - (d) The 1987 rent shall be payable in advance within twenty days of the date of execution of this agreement. The remaining annual rents shall be payable annually in advance by the 20th day of January of each consecutive year. (e) Fifty-seven percent of the rent shall be payable to City Treasurer at Kent City Hall , 220 4th Avenue South, Kent, Washington 98032-5895; and forty-three percent of the rent shall be payable to King County Water District No. 111 , 27239 132nd S.E. , Kent, Washington 98042. 7. INSURANCE. The Lessee shall maintain a policy of public liability insurance as specified in Part B, Section 5. LIABILITY, hereof, in at least the following amounts: One million dollars 1 ,000,000) for injury to or loss of life of, any individual person; the aggregate for personal injuries suffered in each occurrence; and for property damage suffered in each occurrence. 8. AGREEMENT CONTENTS. This lease consists of this PART A - SIGNATURE FORM plus PART B - GENERAL TERMS AND CONDITIONS, all of which, y this reference are incorporated herein, and embodies the entire agreement of the parties hereto. There are no other understandings or agreements written or oral between the parties relating to the subject matter hereof. 9. EFFECTUATION OF AGREEMENT. In order to be effective this lease must be signed y an aut-horized representative of the Lessee and returned to the City at the address set forth below, on or before accompanied by any required policy of insurance and (21 signed by the Mayor pursuant to the authority granted by the City Council on IN WITNESS WHEREOF, the parties hereto have affixed their signatures below: THE CITY OF KENT, LESSOR LESSEE - Gwc SEATTLE, INC. By: S -- DanKelleher, Mayor .C. Sparkman - Vice President ATTEST BY: Terrel E. Davis Assistant Secretary Title DATE: 3- 4 7 - 4 - The City's address for all Lessee's address for all communications shall be: communications shall be: Kent Department of Public Works CWC Seattle, Inc. 220 4th Avenue South 15241 Pacific Hwy, South Kent, Washington 98032-5895 Seattle, Washington 98188 With a copy to: APPROVED GWC Seattle, Inc. WATER DISTRICT 111 Attn: Legal Department Call Box 22595 - Wellshire Station Denver, Colorado 80222 ommis er omrm s si oner o [Gssi o r - 5 - COLORADO STATE OF ,WASAI GTOM ARAPAHOE ) SS. COUNTY OF KANA ) On this /7� day of 198Z, before me personally appeared J.C. Sparkman and Terrel E. Davis to me nown t0 a Vice President do i of the corporation that executed t e within and foregoing instrument, an 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 they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Notary Public fn and for th S ja ! n of WA$O ��or, resi di n/g/a Colorado - 6 - LEASE AGREEMENT PART B - GENERAL TERMS AND CONDITIONS 1 . LIMITATION ON USE/PURPOSE. Notwithstanding any other provision herein, e Lessee shall not enter into any sub-lease of the premises or any portion thereof or any assignment of any interest in this Agreement, whether long or short term in nature, or engage 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 explicit written authorization from the City. 2. LIENS AND INSOLVENCIES. Lessee shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee and shall defend, indemnify, and hold the City harmless against the same. In the event the Lessee becomes insolvent., bankrupt, or if the receiver, assignee or other liquidating officer is appointed for the business of the Lessee, or Lessee applied for debtor relief under federal or state laws, the City may terminate this Lease, at its option. 3. POSSESSION. 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 elected officials, 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 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 including payment of rent at the rate stated herein pro rated on a daily basis. 4. LICENSES 'AND TAXES. The Lessee shall be liable for, and shall pay throughout the term of this Lease, all license and excise fees and occupation taxes covering the business conducted on the premises, and all taxes on 'personal property of the Lessee on the premises and any excise or other taxes on the leasehold created by this Agreement. The Lessee shall also pay `unemployment insurance, social security, workmen's compensation, applicable to its business, and otherwise fulfill all fiscal obligations imposed by law or contract. 5. UTILITIES. The Lessee, at the Lessee's sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing, all utilities and other services on or to the premises including but not limited to electricity, gas, water, telephone, sewer, garbage, heating, janitorial , security, and grounds keeping, and shall also pay all charges for utility installation and modifications thereto occasioned by the Lessee's requirements. The City shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of said services due to any causes whatsoever except the City' s sole negligence. The - 7 - Lessee shall not be entitled to an offset, reduction or return of rental as a result of any interruption or failure of said services. 6. LIABILITY. (a) Indemnification. The Lessee shall defend, indemnify and hold the City harmless from any and all claims actions, and/or judgments whatsoever arising out of the use and occupation of said premises including claims arising by reason of accident, injury or death caused to persons or property of any kind occurring by the fault or neglect of the Lessee, its officers, employees, agents, licensees, or invitees, unless caused by the City 's sole negligence. (b) Assum tion of Risk. The placement and storage of personal property on saiZ premi es shall be the responsibility, and at the sole risk, of the Lessee. (c) Insurance. During the term of this Lease and any extension thereof, the Lessee shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and all claims for injury to person or property or for loss of life, including the liability of the City for such to the Lessee and any of the Lessee's officers, employees and agents, and any liability of the Lessee as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the premises as well as any and all claims and risks in connection with any. acts or omissions performed by Lessee by virtue of the rights granted pursuant to this Lease. Said policy limits shall be in the amount specified in Part A hereof. Said policy must specifically name The City of Kent as an additional insured party thereunder and must stipulate that the coverages provided by said policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to The City of Kent. Notwithstanding any provision herein to the contrary, the failure of the Lessee to comply with the provision of this section shall subject this Lease to immediate termination without notice and without recourse by any person in order to protect the public interest. (d) Waiver of Subrogation. The City and the Lessee hereby grant to each other on e a of themselves and any or all insurers providing insurance to either of them covering the premises or any portion thereof, a waiver of any right of subrogation any such insurer of one party may acquire against the other by virtue of payment of any loss under such insurance. (e) Adjustments of Claims: The Lessee shall provide for the prompt and efticient handling UF all claims for bodily injury, property damage or theft arising out of the activities of the Lessee under this Lease. The Lessee agrees that all such claims, whether processed by the Lessee or Lessee' s insurer, either directly or by means of an - 8 - agent, will be handled by a person with a permanent office in the Kent-Seattle area. 7. USE AND CARE OF PREMISES. (a) General Condition. The premises shall at all times be kept in a neat, c ean, sa a and sanitary condition, and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance with all authorized rules and regulations of the King County Health Officer, Kent Fire Marshal , Kent Building Inspector, and other proper officers of The City of Kent, at the sole cost and expense of the Lessee. The Lessee shall not permit any waste, damage, or injury to the premises; use or permit on said premises anything that will increase the rate of fire insurance thereon, maintain anything on the premises that may be dangerous to life or limb, overload the floors, permit any objectionable noise or odor to escape or to be emitted from said premises; permit anything to be done upon said premises that in any way will tend to create a nuisance. (b) Maintenance-Repairs. The premises have been inspected by both parties and are accepted by Lessee in their existing condition as of the commencement date of this Lease, without reservation except for latent defects or faulty construction of the premises not discoverable by inspection at the time of taking possession. All normal repairs to roof, walls and foundations and existing utility connections to and from the premises necessary to maintain premises in a tenantable condition shall be done by or under the direction of the City, and at the City's expense, except those caused by the negligence or acts of the Lessee, or the Lessee's officers, employees, agents or invitees, which repairs shall be made at the sole expense of the Lessee. All other maintenance and repairs to the premises shall be the responsibility and at the sole expense of the Lessee, except that such maintenance and repairs shall be subject to the prior written approval of and shall be undertaken at the direction of the City. (c) Alterations. The Lessee shall not make, or cause to be made, any alteration addition or improvement in said premises without first obtaining the written consent of the City to such work. All alterations, additions, and improvements which shall be made, shall be at the sole cost and expense of Lessee, and shall become the property of the City, and shall remain in and be surrendered with the premises as a part thereof at the termination of this Lease, without disturbance, molestation or injury. The City reserves an unqualified right to make alterations to the premises or to the building in which the premises are situated (1 ) where conditions deemed by the Kent Building Official to constitute an emergency, exist, or (2) in order to correct code-deficiencies. The City also reserves the right to make general alterations to the premises or to the building in which the premises are situated provided said general alterations do not unreasonably interfere with the ordinary operation of the premises by the Lessee. - 9 - (d) Access. The City reserves for itself, its officers, employees agents and contractors, free access to said premises at all reasonable times for the purposes of inspecting, cleaning, or making repairs, additions or alterations to the premises or any other property owned by or under the control of City, but this right shall not be construed as an agreement on the part of the City to make said inspections, clean or make repairs, additions or alterations. The Lessee shall have reasonable access to other property of the City where necessary to provide utility services to the premises; all of the Lessee's work on such other City property shall be at the Lessee's sole expense. (e) _Keys. In the event that the Lessee requests a change in locks or ages the locks, said changes shall be at the sole expense of the Lessee. The Lessee shall notify the City in writing of such change, and for emergency use, shall provide the City with one (1 ) key for each lock on the premises. 8. DAMAGE OR DESTRUCTION. In the event the premises are damaged by fire, eart qua e, act of war, or other extraordinary casualty to such an extent as to render the same untenantable in whole or in substantial part thereof, or are destroyed, it shall be optional with the City to repair or rebuild the same, and within forty-eight (48) hours after the happening of any such event, the Lessee shall give the City or City's agent notice thereof. The City shall have not more than sixty (60) days after the date of such notification to notify the Lessee in writing of the City's intentions to repair or rebuild said premises, or any part so damaged. If the City elects to repair or rebuild said premises, the City shall prosecute the work of such repairing or rebuilding without unreasonable delay, in accordance with the then existing City procedures, and during such period the rent for said premises shall be abated in the same ration that that portion of the premises rendered for the time being unfit for occupancy shall bear to the whole of the leased premises; upon the completion of said rebuilding, the Lessee shall immediately reoccupy the premises and pay the rent as aforesaid. In the event the building in which the leased premises are located shall be substantially destroyed or damaged even though the leased premises shall not be damaged thereby, if in the opinion of the City it shall not be practical to repair or rebuild, then it shall be optional with the City to terminate this Lease by providing written notice to the Lessee within sixty (60) days after such damage or destruction has been determined to be irreparable. If the City shall fail to give the notice aforesaid, the Lessee shall have the right to declare this Lease terminated by written notice provided to the City. Notwithstanding any other provision herein, no party to this Lease shall be liable in damages to any other party for termination of this Lease because of the damage or destruction of the premises or the building in which the premises form a part, as described in this section. 9. INTERIM TENANT STATUS/RELOCATION. (a) The status of the Lessee is only that of an interim tenant. Notwithstanding any other provision herein, the term of the Lessee 's i - 10 - tenancy is limited by and is subject to the City's declaration of intended use and/or need for the subject property for public purposes. (b) Under no circumstances shall the Lessee be deemed to be or to have become a "displaced person" as defined and used in state and federal laws, rules and regulations pertaining to relocation assistance. , and no cancellation, termination, or failure to extend the term of this Lease shall qualify the Lessee for any of the benefits under such relocation assistance laws, rules or regulations. (c) The amount of rental stipulated as consideration for this Lease includes, as a part thereof, full settlement for relocation benefits, if any are to be paid by the City, and all consequences of the Lessee's status as a tenant. 10. NON DISCRIMINATION. The Lessee shall comply with all federal , state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. 11 . NOTICES. All notices to be given by either of the parties hereto to the otFer 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 in Part A hereof, or to such other respective addresses as either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed, the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 12. 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 the agent or legal representative of the City for any purpose whatsoever. 13. 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 representatives of the parties hereto. 14. NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms an conditions of this Lease by acceptance of rent. 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. 15. TERMINATION. In the event that the Lessee defaults in the performance of any of the terms, provision, covenants and agreements on the Lessee's part - 11 - to be kept, observed and performed, and such default is not corrected within thirty (30) days after the receipt of notice thereof from the City, or such shorter period as may be reasonable under the circumstances, or if the Lessee shall abandon, desert, vacate or remove from the premises, or if the Lessee shall file a petition in bankruptcy, or if the Lessee shall be adjudicated a bankrupt after the filing of an involuntary petition in bankruptcy, or if the Lessee shall take or receive the advantage or benefit of any insolvency or if the Lessee shall enter into an agreement of composition with the Lessee's creditors, then, in such event, the City, at its option at any time thereafter, may terminate this Lease together with all of the estate, right, and title thereby granted to or vested in the Lessee, by giving twenty (20) days notice in writing of such election, by certified mail addressed to the Lessee, and at the expiration of such (20) day period, this Lease and all of the estate, right, title and interest thereby granted to or vested in the Lessee shall then cease and terminate, and the City may re-enter said premises using such force as may be required. Notwithstanding such re-entry by the City and anything to the contrary in this Agreement, the liability of the Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this Lease. The Mayor shall have the right to determine on the City's behalf the existence of any default in performance or other breach or violation of the terms and conditions hereof on the part of the Lessee. 16. SURRENDER OF PREMISES. At the expiration or termination of this Lease, including any extensions thereof, whichever is earlier, the Lessee shall quit and surrender said premises and all keys thereto, without notice and in as good condition as received at commencement of the term, ordinary wear and tear, damage or destruction by fire or other casualty or circumstances uncontrollable by the Lessee excepted; Provided, that if alterations, additions or improvements have been made to the premises as provided in this Lease, the Lessee shall not be required to restore the premises to the condition in which they were prior to such alterations, additions or improvements having been made. 17. ADJUDICATION. (a) Arbitration. This Lease shall be construed under all the applicable aws, statues, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in cause of a dispute between the parties the dispute shall be subject to arbitration each party shall select a representative, the representatives shall select a third party arbitrator. If the representatives are unable to select an arbitrator, the arbitrator shall be selected pursuant to American Arbitration Association initial rules. The arbitration shall be conducted pursuant to American \L-4rbitration Association commercial arbitration rules and %007)/�O/ any finding reached between the parties hereto shall be subject to a de novo review by a court of competent jurisdiction. (b) Costs and AttorneyFees. If, by reason of any default or breach on t e' part of either party in the performance of any of the provisions of this Lease, a legal action or arbitration action is instituted, the party not prevailing agrees to pay all reasonable costs and E - 12 - attorney fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Lease may be in the County in which the premises are situated. 18. BINDING EFFECT. This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 19. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other port on of this Lease a held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this Lease, and the remainder of this Lease shall be effective as if such term, provision, condition or portion had not been contained herein. 0752E-48E - 13 - April 21 , 1987 PUBLIC SAFETY There were no further comments from the audience FACILITIES and BAILEY MOVED to close the public hearing. Woods seconded and the motion carried. FIRE (CONSENT CALENDAR ITEM 3C) DEPARTMENT EMS Contract with King County Emergency Medical Services. AUTHORIZATION for the Mayor to sign the EMS Contract with King County Emergency Medical Services as approved by the Public Safety Committee on April 14, 1987. CABLE TV (CONSENT CALENDAR ITEM 3H) Lease Agreement - GWC Seattle. AUTHORIZATION for the Mayor to sign a lease agreement with GWC to place an antenna on the tower of the City' s joint use reservoir site at 124th Avenue S.E. as approved by the Public Works Committee on October 29, 1986. TELEPHONE Change order to Telephone Wiring Contract. The City SYSTEMS asked for quotations for a telephone system at the City Shops Building to include rewiring the build- ing for telephones . At a later date it was deter- mined that since the City was going to rewire, it should be wired for dual jacks, much like City Hall , to include computer stations as well as tele- phones. It was then decided that the company rewir- ing City Hall was most likely the best company to do the rewiring since the City already had a con- tract with them, and they had done an excellent job within the City Hall and Engineering buildings. The original proposal was to wire 37 jacks for tele- phones only at $1 , 634 . 47 . The GTS proposgl is to wire 53 jacks for voice and data at $80 per jack, for a subtotal of $4 , 240 plus tax of $343. 44 and a grand total of $4 , 583. 44 . BAILEY MOVED to authorize the Mayor to sign a Change Order of $4, 583 . 44 to GTS for wiring of telephones at the City Shops as described. White seconded and the motion carried. ARTS (CONSENT CALENDAR ITEM 3M) COMMISSION REMOVED BY COUNCILMEMBER DOWELL Appointment to Arts Commission. CONFIRMATION of the Mayor ' s appointment of Jeannine M. Dowell to the Arts Commission, to fill the unexpired term of fj Bob Owren. Councilmember Dowell stated that due to a potential conflict of interest, he would abstain from voting. BAILEY MOVED to approve the appoint- ment of Jeannine M. Dowell to the Arts Commission. Houser seconded. The motion carried with Dowell abstaining. This term will expire in October, 1987. 6 -