HomeMy WebLinkAbout2005.12.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: December 6, 2005
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on
Friday, December 2, 2005.
iviiann Stevens, Administrative Assistant
AGENDA
1. Call to Order
Mayor Craig Thoendel
2. Invocation
Reverend Mark Neumann, Faith Lutheran Church
3. Flag Salute
4. Roll Call
S: \Agendas \Co unc i 1 \2005\ 1 206. doc
Owasso City Council
December 6, 2005
Page 2
5. Reading of the Mayor's Proclamation
Mayor Thoendel
Attachment #5
Mayor Thoendel will read a proclamation honoring the Pride of Owasso Marching Band
for their many accomplishments during the 2004 -2005 school year.
6. Presentation of the Character Trait of Sclf Control
Marinelle McPherson, Owasso Character Council
7. Presentation of the City of Owasso Employee of the Year
Mr. Ray
Mr. Ray will introduce the Employee of the Year for 2005.
8. Consideration and appropriate action relating to a request for Council approval of the
Consent Agenda. All matters listed under "Consent" are considered by the City Council to
be routine and will be enacted by one motion. Any Councilor may, however, remove an
item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -
debatable.
A. Approval of Minutes of the November 15, 2005 Regular Meeting.
Attachment # 8 -A
B. Approval of Claims.
Attachment # 8 -B
C. Approval of Ordinance No. 833, an ordinance approving OPUD 05 -02, a planned unit
development containing approximately 241.74 acres, located on the east side of N.
1291h East Avenue between E. 116th Street North and E. 126th Street North.
Attachment # 8 -C
Staff will recommend Council approval of Ordinance No.834 and has listed this item
in the consent section of the agenda based on Council actions taken November- 15,
2005 to approve the planned unit development request.
S: \Agendas \Coanc i I \2005\ l 206. doc
Owasso City Council
December b, 2005
Page 3
D. Approval of an application for Early Retirement from Theodore Smith.
Attachment # 8 -D
Staff will recommend Council approval of an Early Retirement Application from
Theodore Smith,
9. Citizen request to address the City Council regarding the construction of the YMCA
facility improvements.
Kelly Wilson
Attachment #9
Mr. Kelly Wilson has requested to address the City Council regarding the construction of
the YMCA facility improvements.
10. Consideration and appropriate action relating to a request for Council approval of a final
development agreement between the City of Owasso and Tracey Construction for the
construction of regional drainage improvements and authorization of the City Manager to
execute the agreement.
Mr. Ray
Attachment #10
Staff will recommend Council approval of a final development agreement between the
City of Owasso and Tracey Construction for the construction of regional drainage
improvements and authorization of the City Manager to execute all necessary
documentation based on the conceptual development agreement approved by City Council
on June 7, 2005.
11. Consideration and appropriate action relating to a request for Council approval of a mutual
aid agreement between the City of Owasso and the Oklahoma Air National Guard Fire
Department, and authorization of the Mayor to execute said agreement.
Mr. Rooney
Attachment #11
Staff will recommend Council approval of a mutual aid agreement between the City of
Owasso and the Oklahoma Air National Guard Fire Department and authorization of the
Mayor to execute all necessary documentation.
S \Agendas \Council \2005 \1206. doc
Owasso City Council
December 6, 2005
Page 4
12. Consideration and appropriate action relating to a request for Council. approval of
Resolution No. 2005 -20, a resolution calling for election to be conducted for City Council
Wards 1, 2, and 4.
Ms. Stevens
Attachment #1.2
Staff will recommend Council approval of Resolution No. 2005 -20.
13 Report from City manager.
14. Report from City Attorney.
15. Report from City Councilors.
16. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda.)
17. Adjournment.
S- \Agendas \COUnci I \2005\ 1206. doc
CITY OF 0 WASSO, 0KrA110MA
WHEREAS, The City of Owasso is proud to recognize students who demonstrate outstanding
character, citizenship, and sportsmanship while representing the City of Owasso;
and,
WHEREAS, Through the diligence, hard work, and dedication f ,om the 277 band members, as
well as directors, staff, and parents, The PRIDE of Owasso Marching Band has
accomplished many great achievements this school year; and,
WHEREAS, The PRIDE of Owasso Marching Band competed against four 6A marching bands
in the "Friday Football Fever Battle of the Bands Music Award" sponsored by
KO.TT' Channel 6 where they received a check for $1, 000; and,
WHEREAS, The PRIDE of'Owasso Marching Band was named Grand Champion and earned
Outstanding Achievement in Music, Visual, and General Effect at the Renegade
Review Marching Contest held at Union High School for the fourth consecutive
year; and,
WHEREAS, The PRIDE of Owasso Marching Band was a Finalist at the Bands of America
Regional competition held in Arlington, Texas; acrd,
WHEREAS, The PRIDE of Owasso Marching Band was a Finalist at the Bands of America
competition held in St. Louis, Missouri; and,
WHEREAS, The PRIDE of Owasso Marching Band received straight Superior ratings at the
OSSAA State Marching Contest for the 33" consecutive year; and,
WHEREAS, The PRIDE of Owasso Marching Bond competed with 92 other bands and was
named a Grand National Finalist at the 2006 Bands of America National
Championships held in the RCA Dome in Indianapolis, Indiana on November 10`r'-
12`r', 2006.
NOW,, THEREFORE,[, Craig T hoendel, by virtue of the authority vested in me as Mayor of the
City of Owasso, do hereby proclaim December 6, 2003 as
HE PRIDE _ .` f
DAY
in our community, and do further encourage all Owasso residents to express their appreciation to all
members of The PRIDE, the band directors and stctff',' and to all the families who have supported
these young men and women though all their practices, performances, and competitions.
IN WITNESS THEREOF, I have hereunto set nay hand and
caused the seal of'the City of Owasso to be affixed this Err' day
of December, 2005,
Craig Thoendel, Alayor
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 15, 2005
The Owasso City Council met in regular session on Tuesday, November 15, 2005 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Mall
bulletin board at 5:00 p.m, on Friday, November 11, 2005.
ITEM 1. CALL TO ORDER
The meeting was called to order at 6:32 p.m.
• •
The invocation was offered by Bruce McCarty, Owasso First Assembly of God.
ITEM 3. FLAG SALUTE
Vice Mayor Steve Cataudella led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Craig Thoendel, Mayor
Steve Cataudella, Vice Mayor
Brent Colgan, Councilor
Wayne Guevara, Councilor
Susan Kimball, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Julie Lombardi, City Attorney
ITEM 5 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the November 1, 2005 Regular Meeting and the
November 8, 2005 Special Meeting.
B. Approval of Claims.
Owasso City Council
Novefnber 15, 2005
C. Acknowledgement of receiving the monthly FY 2005 -2006 budget status
report.
Ms. Kimball moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims
totaling $787,695.19, self-insurance medical claims & fees totaling $56,197.79 and payroll
claims totaling $332,469.37.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 6. 1 CONSIDERATION AND APPROPRIATE ACTION
REQUEST FOR COUNCIL APPROVAL D O
THE FY 2005-2006 RASUPPLEMENTAL
APPROPRIATION ...
DEPARTMENT BU) AND THE VETERAN'S MEMORIAL FUND
Ms. Bishop presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council
approval of a budget amendment to the FY 2005 -2006 General Fund increasing the estimate of
revenues in the amount of $75,000.00; and, approval of a supplemental appropriation increasing
expenditures in the amount of $75,000.00 in the Park Department Budget and $7,400.00 in the
Veteran's Memorial Fund.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 05-
09
Mr. McCulley presented the item. Ms. Kimball moved seconded by Mr. Cataudella, for Council
approval of annexation request OA 05 -09, containing approximately 34 acres, more or less,
located southwest of the intersection of East 96th Street North and North 145th East Avenue.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
9
Owasso City Council November 15, 2005
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE FINAL PLAT FOR COFFEE
CREEK II
Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
approval of the Final Plat for Coffee Creek II, located on the west side of North 145th East
Avenue, just south of Coffee Creek Estates.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR URGENT
CARE OF GREEN COUNTRY
Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council
approval of the Final Plat for Urgent Care of Green Country, located on the southeast corner of
East 103 "d Street North and the Owasso Expressway.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A PLANNED UNIT
DEVELOPMENT, OPUD 05 -02
Mr. McCulley presented the item. Mr. Ricky Jones of Taylor Consulting, representing the
developer, addressed the council regarding the PUD. Ms. Kimball moved, seconded by Mr.
Guevara, for Council approval of OPUD 05 -02, containing approximately 241.74 acres, located
on the east side of North 129th East Avenue between East 116th Street North and East 126th Street
North.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
k3
Owasso City Council
November 15, 2005
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A MINOR AMENDMENT TO THE
BAILEY RANCH ESTATES PLANNED UNIT DEVELOPMENT, OPUD 12
Mr. McCulley presented the item. Mr. Colgan moved, seconded by Ms. Kimball, for Council
approval of a minor amendment to the Bailey Ranch Estates Planned Unit Development, OPUD
1.2, permitting side yard setbacks of five feet on each side of dwellings.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
Chief Yancey presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council
approval of Resolution No. 2005 -19.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ACCEPTANCE OF THE FY 2004 -2005 STREET
OVERLAY PROJECTS AND AUTHORIZATION OF FINAL PAYMENT
Ms. Stagg presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council
acceptance of the FY 04 -05 Street Overlay Projects and authorization for final payment to Becco
Contractors, Incorporated of Tulsa, Oklahoma in the amount of $127,939.05.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
4
Owasso City Council
November 15, 2005
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE
ENGINEERING DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF
OWASSO AND BENHAM COMPANIES, INCORPORATED FOR WATER
SYSTEM IMPROVEMENTS
Ms. Stagg presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council
approval of Amendment No. 1 to the Engineering Design Services Agreement between the City
of Owasso and Benham Companies, Incorporated of Tulsa, Oklahoma for Water System
Improvements.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO BIDS
RECEIVED FOR THE THREE LADES VILLAGE STREET
RECONSTRUCTION PROJECT
Councilor Guevara announced his intent to recuse himself from discussions and voting on this
item due to a potential conflict of interest, because he resides in the area under discussion.
Mayor Thoendel acknowledged Councilor Guevara is recused from this agenda item and
Councilor Guevara exited the Council Chambers.
Ms. Stagg presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council to
reject all bids received for this project and directed the staff to review the scope of work and re-
bid the project.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4 -0.
After the vote was concluded, Councilor Guevara returned into the Council Chambers.
I
Owasso City Council
November 15, 2005
Ms. Stagg presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council
approval of Engineering Service Agreements in the amount of $25,000.00 each, for a total
amount of $100,000.00, between the City of Owasso and Garver Engineers, LLC, C2A
Engineering, Incorporated, Dewberry Design Group, Incorporated, and Crafton, Tull &
Associates, Incorporated for the purpose of developing Conceptual Design Reports for priority
intersections identified in the Capital Improvement Project List.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0.
ITEM 17. REPORT FROM CITY MANAGER
Ms. Stagg updated the Council on the Garnett Road project. Mr. Ray recognized the Owasso
High School Marching Band for their recent accomplishments in competition. Mr. Ray also
thanked J. B. Alexander for his hard work on the Veterans Memorial.
ITEM 18. REPORT FROM CITY ATTORNEY
None
ITEM 19. REPORT FROM CITY COUNCILORS
Councilor Kimball expressed appreciation to J.B. Alexander for his work on the Veterans
Memorial and stated she received several positive comments from citizens regarding the
memorial. Vice Mayor Cataudella expressed appreciation to Ms. Stagg and the Public Works
Team for their clean up efforts at Garnett and 96th Street and how well the area looks post -
construction. Mayor Thoendel praised J.B. Alexander for his work on the Veterans Memorial.
6
Owasso City Council
ITEM 20. NEW BUSINESS
None
ITEM 21. ADJOURNMENT
Ms. Kimball moved, seconded by Mr. Colgan, to adjourn.
YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel
NAY: None
Motion carried 5 -0 and the meeting was adjourned at 7:30 p.m.
Stephanie Breitbarth, Minute Clerk
7
November 15, 2005
Craig Thoendel, Mayor
CITY OF OWASSO
ALL �41-lsma
VENDOR
DESCRIPTION
AMOUNT
TREASURER PETTY CASH
AC REFUNDS
80.00
REFUND TOTAL
--------'
OFFICE DEPOT
OFFICE SUPPLIES
7.58
BAILEY, MATT
BAILIFF DUTIES
180.00
MUNICIPAL COURT DEPTT0TAL
--------
TREASURER PETTY CASH
CITY MGR EXPENSE
218.79
HOBBY LOBBY
OFFICE SUPPLIES
150.80
OFFICE DEPOT
OFFICE SUPPLIES
7043
FUELMAN
FUEL
123.00
METROCALL
PAGER USAGE
6.95
TREASURER PETTY CASH
M|LEAGE/PERD|EM
15820
TREASURER PETTY CASH
MEETING EXPENSE
180.88
WEST PAYMENT CENTER
MONTHLY CHARGES
418.00
HOBBY LOBBY
EMPLOYEE RECOGNITION
227.35
TREASURER PETTY CASH
VET MEMORIAL
55.48
DRESS ACHAIR
CHAIR COVERS
400.00
HAEFNERK8US|C
MEMORIAL DEDICATION
200.00
MANAGERIAL DEPT TOTAL
2'218.12
OFFICE DEPOT
OFFICE SUPPLIES
69.00
CRAVVF0RD& ASSOCIATES PC
AUDIT FY20U5
17.75521
TREASURER PETTY CASH
K4|LEA6E/PERD|EM
110.40
DELL MARKETING L.P.
MONITORS
143400
FINANCE DEPT TOTAL
19,375.51
CUSTOM CRAFT AWARDS
CHARACTER RECOGNITION
30.00
H0B8YLOBBY
MEETING EXPENSE
5640
TREASURER PETTY CASH
CHARACTERLUNCHEON
234.74
LOVVESC0MPAN|ES
CHARACTER INITIATIVE
17.72
VYORDCOM
COLORED PAPER
280.21
OFFICE DEPOT
OFFICE SUPPLIES
40.70
NATIONAL SEMINARS GROUP
DESIGN PUBLICATION
19.08
CHARACTER FIRST!
BULLETINS/GUIDES/CALENDARS
388.70
0VVASSO FIRST ASSEMBLY 0FGOD
CHARACTER LUNCHEON CATERING
2.700.00
JOHN8T0N.DAN
PSAREC0RD|NG
112.00
GLOBAL SERVANTS
CHARACTER LUNCHEON SPEAKER
1,000.00
GREENWOOD PERFORMANCE SYSTEMS
EVALUATION
1.000.00
ANZSIGNS
CHARACTER BANNERS
065.00
WORLD PUBLISHING COMPANY
EMPLOYMENT ADVERTISING
137.12
TREASURER PETTY CASH
M|LEAGE/PERD/EK8
40.50
NATIONAL SEMINARS GROUP
WORKSHOP
395.00
REASOR8
MEETING EXPENSES
13.80
RICH &CARTM|LL
TREASURER BOND RENEWAL
450.00
HUMAN RESOURCES DEPT TOTAL
7'597.06
JAVADAVE8
SUPPLIES
157.80
WEST PAYMENT CENTER
OKLAHOMA STATUTES
100.00
IKON OFFICE SOLUTIONS
COPIER MAINTENANCE
745.70
C|NTASCORPDRAT|ON
MAT SERVICE
32.15
VENDOR
DESCRIPTION
AMOUNT
CINTAS CORPORATION
MAT SERVICE
64.30
TRIAD PRINTING
MAPS
144.00
OKLAHOMA NATURAL GAS
10/05 USAGE
972.50
PITNEY BOWES
POSTAGE METER RENTAL
242.74
NEIGHBOR NEWSPAPER
LEGAL NOTICES
288.00
CARD CENTER
EBAY
12.56
SOUTHWESTERN BELL
PHONE USE
877.31
SOUTHWESTERN BELL-
PHONE USE
57.06
TREASURER PETTY CASH
PO BOX RENTAL
220.00
TREASURER PETTY CASH
FILING FEES
142.00
CUSTOM CRAFT AWARDS
PLAGUES
103.00
GENERAL GOVERNMENT DEPT TOTAL
4,219,22
OFFICE DEPOT
OFFICE SUPPLIES
23.49
OFFICE DEPOT
OFFICE SUPPLIES
9.29
WAL -MART COMMUNITY
SEASONAL DECORATIONS
11.70
TREASURER PETTY CASH
MEETING SUPPLIES
47.43
TREASURER PETTY CASH
FUEL
20.00
FUELMAN
FUEL
391.91
BUNYARD, DENNIS
ABATEMENT MOWING
100.00
BURR KANNADY
INSPECTION SERVICES
230.02
BURR KANNADY
MILEAGE
161.02
METROCALL
PAGER USAGE
13.90
OK CODE ENFORCEMENT
MEMBERSHIP - MCCORD
25.00
RIVERSIDE CHEVROLET
VEHICLE
15,500.00
COMMUNITY DEVELOPMENT DEPT TOTAL
16,533.76
OFFICE DEPOT
OFFICE SUPPLIES
67.43
OFFICE DEPOT
OFFICE SUPPLIES
103.48
ATWOODS
SHOVEL
8.95
T -SHIRT EXPRESS ETC
SHIRTS- HANCOCK/DAY
145.00
GELLCO SAFETY SHOES
WORK BOOTS- HANCOCK
108.89
FUELMAN
FUEL
330.31
MESHEK & ASSOCIATES
STORMWATER REVIEW
1,589.52
US CELLULAR
CELL PHONE USAGE
68.41
TREASURER PETTY CASH
MILEAGE
114.59
TREASURER PETTY CASH
EMPLOYEE RECOGNITION
18.06
ENGINEERING DEPT TOTAL
2,554.64
SHI.COM
TECHNET SUBSCRIPTION
318.00
CINGULAR WIRELESS
CELL PHONE USE
28.40
TREASURER PETTY CASH
MILEAGE
115.06
CARD CENTER
COMPUTER MEMORY
69.00
INFORMATION SYSTEMS DEPT TOTAL
530.46
OFFICE DEPOT
OFFICE SUPPLIES
11.47
MURPHY SANITARY SUPPLY
OPERATING SUPPLIES
30.75
LOCKE SUPPLY
OPERATING SUPPLIES
12.38
SAMS CLUB
OPERATING SUPPLIES
58.29
O'REILLY AUTOMOTIVE
BATTERIES- GENERATOR
124.86
LOWES COMPANIES
PHYSICAL PROPERTY SUPPLIES
361.46
CURTIS RESTAURANT SUPPLY
KITCHEN SUPPLIES -OLD CENTRAL
42.90
UNIFIRST CORPORATION
UNIFORM RENTAL
80.67
FUELMAN
FUEL
331.36
VENDOR
DESCRIPTION
AMOUNT
FLYNN'S PEST CONTROL
PESTCONTR0L-0C
110.00
FLYNN'S PEST CONTROL
PEST CONTROL-CITY HALL
110.00
COX COMMUNICATIONS
INTERNET FEES-OLD CENTRAL
08.05
TREASURER PETTY CASH
D0CLUNCHES
118.08
FUELK8AN
FUEL
10940
0ST|| PROBATION COMMUNITY CORRECTIONS
DOC WORKER PROGRAM
385.58
METROCALL
PAGER USAGE
8.85
C|NGULARVV|RELESS
CELL PHONE USE
1421
C|NGULARVV|RELES3
CELL PHONE USE
1421
SOUTHWESTERN BELL
PHONE USE
0.06
SUPPORT SERVICES DEPT TOTAL
--------
_.-__�--
OFFICE DEPOT
OFFICE SUPPLIES
35.15
OFFICE DEPOT
OFFICE SUPPLIES
220.38
TRIAD PRINTING
PRINTING
237.85
TREASURER PETTY CASH
LAB SUPPLIES
27.07
GALL'S
GEAR BAG
12.32
GALL'S
UNIFORM EQUIPMENT
1.870.41
OKLAHOMA POLICE SUPPLY
UNIFORM TIES
83.85
TREASURER PETTY CASH
FUEL
5.00
FUELMAN
FUEL
5.597.08
TAYL0RMADE LOCK& KEY
LOCKSMITH SERVICES
9.00
OKLAHOMA NATURAL GAS
10/05 USAGE
315.84
METR0CALL
PAGER USAGE
491.04
SOUTHWESTERN BELL
PHONE USE
877.30
SOUTHWESTERN BELL
PHONE USE
50.35
TREASURER PETTY CASH
PER DIEM/PIKE FEE
83.37
PADGETT-THOK4PSDN
TRAINING-EDVVARD3
180.00
S|RCH|E FINGER PRINT LAB
LAB EQUIPMENT
1.383.75
S|RCH|E FINGER PRINT LAB
LAB EQUIPMENT
291.80
PATHFINDER DEVELOPMENT GROUP
LICENSE/UPGRADE
208.00
JOE COOPER FORD
POLICE VEHICLE
2080400
POLICE DEPT TOTAL
32.978.22'
SOUTHWESTERN BELL
E-011
1.831.22
METROCALL
PAGER USAGE
30.71
GRAYBAR
WIRELESS HEADSETS
879.78
POLICE COMMUNICATIONS DEPT TOTAL
2.747.69
HILLS PET NUTRITION
SHELTER SUPPLIES
212.50
ONYX CORPORATION
|NKJETCARTR|D8E8
39.90
FUELMAN
FUEL
08.28
CITY OFTULSA
EUTHANASIA SERVICES
172.00
K4ETR0CALL
PAGER USAGE
13.00
SOUTHWESTERN BELL
PHONE USE
2.71
0K ANIMAL CONTROL ASSN
TRA|N|NS'H{}P0NS
150.00
ANIMAL CONTROL DEPT TOTAL
--------
TREASURER PETTY CASH
LOCK BOX TAGS
4.98
LOVVESCOK4PAN|ES
MA|NT3UPPL|EG
75.78
VVAL-MART COMK8UN|TY
k4A|NTSUPPUES
184.13
OKLAHOMA POLICE SUPPLY
JACKET/UNIFORM BRASS
74.05
YALE UNIFORM RENTAL
UNIFORM RENTAL
320.52
GALL'S
UNIFORM BOOTS
155.88
VENDOR
DESCRIPTION
AMOUNT
NAFEC0
BUNKER GEAR8H ELM ETSKGLOVES
715.00
VVAYESTSAFETY
REPLACEMENT NOZZLES
1.368.00
CROW BURL|NGAME
REPAIR SUPPLIES
14232
FUELMAN
FUEL
3.034.01
OKLAHOMA NATURAL GAS
10/05 USAGE
34042
OVERHEAD DOOR COMPANY
OVERHEAD DOOR REPAIR
98.00
O'RE|LLYAUTOMOT|VE
BATTERY-GENERATOR
34.55
BAILEY EQUIPMENT
CHA|NSAVV REPAIR/ENGINE OIL.
510.53
CULL|GAN
WATER/COOLER
10.25
BM|8YSTEK4S
COPIER RENTAL
201.70
K8ETR0CALL
PAGER USAGE
8.95
SPNNTPCS
PCSCHAR6ES
180.17
SOUTHWESTERN BELL
PHONE USE
18.17
EASTERN OK TECH CENTER
TRAINING-DE&4AURU
75.00
TREASURER PETTY CASH
PER DIEM
98.00
FIRE SERVICE TRAINING OSU
TRAINING-8REENBURGUACKGON
220.00
FIRE DEPT TOTAL
--------'
VERDIGRIS VALLEY ELECTRIC
STORM SIRENS
10.55
EMERGENCY PREPAREDNESS DEPT TOTAL
-----16.55
TWIN CITIES READY MIX
CONCRETE-SIDEWALKS
87480
CROW 8URL|NGAME
STARTER FLUID
7.58
0'RE|LLYAUTOMOT|VE
GRAFFITI REMOVER
8.28
HOLL|DAY SAND &GRAVEL
SAND
53.70
LOVVESCOMPAN|EG
TAPE/BIT
22.57
MILL CREEK LUMBER &SUPPLY
FORM BOARDS
82.74
MAXWELL SUPPLY
CONCRETE/CRACK ROUTER BLADE
238.08
GEORGE & GEORGE SAFETY
UNIFORM/GLOVES
31.39
UN|F|RSTCORP0RAT|0N
UN|P0RMS/PROTCLOTH|NG
130.21
CROW 8URL|NGAME
HARDWARE
2.70
OVVASSOFENCE
SIGN HARDWARE
1.808.00
L0VVE8C0MPAN|E3
CONCRETE MIX
180.00
BARC0PRODUCTS
L|GHTS'PEDE8TR|ANVVALKVVAY
3.476.80
FUELMAN
FUEL
1.217.24
AUTO ZONE
NUT SPUTTER
5.80
A-1 FENCE
FENCE
10.502.50
THE UPS STORE
SHIPPING CHARGE
11.16
BAILEY EQUIPMENT
SAW REPAIR
25.94
THE UPS STORE
SHIPPING CHARGE-TRAFFIC CONTR0LLE
87.00
QADESSALES
REPAIR-CONTROLLERS
740.00
3|@NALTEK
MA|NT`AUG/SEPT
1.338.18
yNETROCALL
PAGER USAGE
144.70
US CELLULAR
CELL PHONE USAGE
3420
TREASURER PETTY CASH
CDLFEE
78.50
BECCO CONTRACTORS
STREET OVERLAY PROGRAM 7/505
127.930.05 '
MILL CREEK LUMBER &SUPPLY
FORMING SUPPLIES
088D0
APAC SERVICE CENTER
ASPHALT
018.05
TWIN CITIES READY MIX
CONCRETE
4.316.00
ELLSVVORTHCONSTRUCT|ON
ASPHALT FINISH WORK
2.400.00
MAXWELL SUPPLY
FIBER EXPANSION
332.84
STREETS DEPT TOTAL
--------'
._7'..~._~
BAILEY EQUIPMENT
TRIMMER LINE
43.98
VENDOR
DESCRIPTION
AMOUNT
QUIKSERVICE STEEL
STEEL -STORM DRAIN REPAIR
34.56
LOWES COMPANIES
DOOR KNOB /LIGHT SWITCH
19.43
MILL CREEK LUMBER & SUPPLY
FORM BOARDS
38.02
ATWOODS
OIL /BROOM HANDLE
10.83
GEORGE & GEORGE SAFETY
UNIFORM /GLOVES
31.38
UNIFIRST CORPORATION
UNIFORMS /PROT CLOTHING
107.79
ATWOODS
SICKLE BAR REPAIR
37.00
FUELMAN
FUEL
1,117.72
ATWOODS
PLIERS /SMALL TOOLS
78.30
MCDORMAN METALS TESTING INT'L
SANDBLASTING
2,500.00
BAILEY EQUIPMENT
TRIMMER REPAIR
32.64
KIRBY -SMITH MACHINERY
RENTAL -DOZER
5,125.00
EQUIPMENT ONE
RENTAL - TRENCHER
85.00
METROCALL
PAGER USAGE
44.02
MESHEK & ASSOCIATES
DRAINAGE IMPROVEMENTS
999.68
STORMWATER MAINT DEPT TOTAL
10,305.35
AT YOUR SERVICE RENTALS
ROPE /BILLO PADS
220.00
LOWES COMPANIES
STAPLER/PLUG CONNECTORS /STONE
85.37
ATWOODS
ROPE /BILLO PADS
94.93
OWASSO FENCE
FENCE POLE
12.11
LINDUFF, JEFF
CONCRETE /BRICK STEPS
1,500.00
HOME DEPOT
LIGHTS
12.96
HOBBY LOBBY
MAINT SUPPLIES
48.93
ATWOODS
DUCT TAPE
11.96
LOWES COMPANIES
PADLOCK
15.46
WAL -MART COMMUNITY
LIGHTS
23.96
WASHINGTON CO RWD 3
WATER- MCCARTY PARK
12.50
CORBIN, TED L. ANIMAL RELOCATORS OF TULSA
EVALUATION
54.00
WAL -MART COMMUNITY
LIGHTS
21.18
ADT SECURITY SERVICES
SECURITY SERVICES
43.36
ENLOW TRACTOR
HEADLIGHTS /KEYS
103.10
FUELMAN
FUEL
466.12
OKLAHOMA NATURAL GAS
10/05 USAGE
177.46
METROCALL
PAGER USAGE
13.90
SOUTHWESTERN BELL
PHONE USE
0.02
CUSTOM CRAFT AWARDS
HARVEST FESTIVAL SUPPLIES
45.00
SCOTT -MACON EQUIPMENT
LIGHT TOWER
225.00
JUMPMAN RENTALS
RENTALS
380.00
DAVID'S ELECTRIC
ELECTRICAL WORK
6,426.00
RAINBOW CONCRETE COMPANY
CONCRETE
2,331.00
LIBERTY FLAGS
FLAGS
282.00
OWASSO FENCE
FENCING
625.00
LAND RUN SERVICES
LANDSCAPING
10,052.00
AAA STRIPING & SEAL COATING
STRIPING PARK AREA
500.00
CUSTOM CRAFT AWARDS
PLAQUES
109.50
LOWES COMPANIES
BOLTS
4.68
MILL CREEK LUMBER & SUPPLY
LUMBER
13.16
BROWN FARMS SOD
SOD
27.50
PARKS DEPT TOTAL
23,938.16
CHARACTER FIRST!
BULLETINS
203.15
CHARACTER FIRST!
BULLETINS
WORDCOM
CARTRIDGES
90.00
190.00
VENDOR
DESCRIPTION
AMOUNT
OFFICE DEPOT
OFFICE SUPPLIES
109.05
FUELMAN
FUEL
86.03
OKLAHOMA NATURAL GAS
10/05 USAGE
225.11
SOUTHWESTERN BELL
PHONE USE
0.09
PACE PRODUCTS
COMMUNITY CENTER DEPT TOTAL
848.43
OKLAHOMA NATURAL GAS
10/05 USAGE
46.36
TRIAD PRINTING
BROCHURES
84.22
SOUTHWESTERN BELL
PHONE USE
0.07
MEDICLAIMS
HISTORICAL MUSEUM DEPT TOTAL
� 130.65
OFFICE DEPOT
OFFICE SUPPLIES
33.23
FUELMAN
FUEL
114.25
NEWSLINK OF OKLAHOMA
NEWS REPORT
100.00
TREASURER PETTY CASH
OEDA MEETING
11.85
SAMS CLUB
OPERATING SUPPLIES
14.32
CARD CENTER
SUPPLIES - MEETING
45.23
CROSSROADS COMMUNICATIONS
WEBSITE REGISTRATION
25.00
CLAREMORE PROGRESS
ADVERTISING
265.14
CROSSROADS COMMUNICATIONS
WEBSITE
1,500.00
FUELMAN
ECONOMIC DEVELOPMENT DEPT TOTAL
2,109.02
GENERAL FUND TOTAL 295,091.44
EMPLOYERS MUTUAL
REFUND #6580
576.00
WILSON, RYLEIGH C/O KAREN WILSON
REFUND #5765
25.00
OFFICE DEPOT
OFFICE SUPPLIES
32.29
ST FRANCIS HOSPITAL
PROVIDER BOOKS
60.00
ALLIANCE MEDICAL
AMBULANCE SUPPLIES
4,111.82
PACE PRODUCTS
AMBULANCE SUPPLIES
168.00
CROW BURLINGAME
VEHICLE MAINT
42.64
ATC FREIGHTLINER
REPAIR PARTS
1,221.90
CROW BURLINGAME
SMALL TOOLS
37.43
MEDICLAIMS
MONTHLY SERVICES
3,678.54
AMBULANCE SERVICE FUND TOTAL
9,953.62
HOLDEN, DEBBIE
TOBACCO PREVENTION CLASS
75.00
JUVENILE COURT FUND TOTAL
75.00
MESHEK & ASSOCIATES
ENGINEERING SERVICES
1,850.46
STORMWATER MGMT FUND TOTAL
1,850.46
INCOG
CDBG -ED -04 NSP
902.99
CAPITAL PROJECTS GRANTS FUND TOTAL
902.99
O'REILLY AUTOMOTIVE
OPERATING SUPPLIES
3.89
UNIFIRST CORPORATION
UNIFORM RENTAL
104.32
FUELMAN
FUEL
51.44
EQUIPMENT ONE
PROPANE - FORKLIFT
19.99
OCT EQUIPMENT
PARTS- BACKHOE
544.68
DRIVE TRAIN SPECIALISTS
PARTS FOR RESALE
545.64
CLASSIC CHEVROLET
PARTS FOR RESALE
27.14
AMERICAN HOSE & SUPPLY
PARTS -CRANE CARRIER
347.25
VENDOR
DESCRIPTION
AMOUNT
UNITED ENGINE
PARTS -TRASH TRUCK
16.67
DITCH WITCH OF TULSA
PARTS -DITCH WITCH
141.31
BAILEY EQUIPMENT
PARTS -CHAIN
2.60
FRONTIER INTERNATIONAL TRUCKS
PARTS FOR RESALE
574.38
UNITED FORD
REPAIR PARTS FOR RESALE
189.32
O'REILLY AUTOMOTIVE
REPAIR PARTS FOR RESALE
2,136.80
ATC FREIGHTLINER GROUP
PARTS- AMBULANCE /DUMP TRUCK
1,236.57
B & M OIL COMPANY
OIL /FLUIDS
256.26
CROW BURLINGAME
PARTS FOR RESALE
15.50
ENLOW TRACTOR
PARTS FOR RESALE
140.64
GENUINE PARTS COMPANY
PARTS FOR RESALE
267.17
T &W TIRE
TIRES
221.80
OKLAHOMA NATURAL GAS
10/05 USAGE
131.75
METROCALL
PAGER USAGE
6.95
CINGULAR WIRELESS
CELL PHONE USE
14.19
SOUTHWESTERN BELL
PHONE USE
5.62
LENOX WRECKER SERVICE
TOWING
100.00
UNITED FORD
REPAIR SERVICES
147.15
QUALITY TIRE & AUTO SERVICE
WHEEL ALIGNMENT
49.95
CITY GARAGE FUND TOTAL
7,298.98
PERRINE, MCGIVERN, REDEMANN, PLLC
D07301
216.30
UNITED SAFETY & CLAIMS
M09110
25.50
PPO SOLUTIONS
F10075
12.19
PPO SOLUTIONS
B06203
45.57
HEALTHSOUTH HOLDINGS
B06203
543.28
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
B10025
39.72
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
F10075
140.07
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
D10195
174.68
CLINICAL CARE PHARMACY
D10195
86.97
MCAFEE & TAFT
R03315
300.50
MCAFEE & TAFT
M10034
258.36
MCAFEE & TAFT
D07234
102.00
MCAFEE & TAFT
R10163
103.74
GOSVENER, B C/O BRYCE A HILL, ATTORNEY
G02264
528.00
WELLS, JACK D
W07294
528.00
JAMPETRO, T C/O CRAIG ARMSTRONG, ATTY
J06172
474.00
OK WORKERS COMP COURT
S10294
75.00
NEUROLOGICAL SURGERY
S06225
53.62
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
D10195
59.58
THIRD PARTY SOLUTIONS
B10025
71.73
WALGREEN COMPANY
806203
45.64
HEALTHSOUTH HOLDINGS
B06203
386.50
OK TAX COMMISSION SPECIAL TAX UNIT
R10163
1,210.00
WORKERS COMP FUND TOTAL
5,480.95
CUMMINGS, JACK
TORT CLAIM #TR -05 -012
1,033.75
AUTOPRIDE CAR WASH
TORT CLAIM #TR -05 -024
10,055.18
BICKERSFAFF, MARK BRADLEY
TORT CLAIM #TR -05 -028
2,664.99
SELF INSURANCE FUND TOTAL
13,753.92
GRAND TOTAL
334,407.32
CITY OF OWASO
AEALTHCARE SELF INSURANCE FUND
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
ADK4|NFEES
DENTAL DEPT TOTAL
25.160/46
47,886.40
23,710.84
3,158.80
2,201.50
2,200.20
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 11/12/2005
Department
Overtime Expenses
Total Expenses
Municipal Court
0.00
3,287.26
Managerial
0.00
15,302.27
Finance
49.41
16,129.72'
Human Resourses
33.01
6,176.65
Community Development
0.00
13,489,11
Engineering
0.00
9,465.53
Information Systems
0.00
9,534.88
Support Services
0.00
8,368.86
Police
5052.40
104,037.95
Central Dispatch
584.39
9,610.54
Animal Control
0.00
2,373.09
Fire
612.53
69,849.59
Emergency Preparedness
0.00
1,773.98
Streets
116.06
7,822.59
Stormwater /ROW Maint.
127.28
8,881.30
Park Maintenance
0.00
7,495.31
Community - Senior Center
0.00
4,714.11'
Historical Museum
0.00
2,462.56
Economic Development
0.00
3,866.30
General Fund Total $6,575.08 $305,141.60
Garage Fund
Fund Total $151.88 $5,076.46
Ambulance Fund
Fund Total $204.16 $17,737.24`
Emergency 911 Fund
Fund Total $250.45 $4,118.78'
Worker's Camp Self - Insurance Fund
Fund Total $0.00
CITY OF OWASSO
GENEPALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 11/26/2005
Department
Overtime Expenses
Total Ex enses
Municipal Court
0,00
3,287.26
Managerial
0.00
14,977.26
Finance
0.00
15,647.92
Human Resourses
0.00
6,138.46'
Community Development
0.00
131546.49
Engineering
0.00
9,388.48"
Information Systems
0,00
9,510,43
Support Services
62.81
8,441.83
F'plice'
63x9.27
146,289.15
Central Dispatch
922.68
10,014.29
Animal Control
126.83
3,019.81 !'
Fire
1,641.85
71,623.55
Emergency Preparedness
0.00
1 ,773.98
Streets
46.08
8,536.23
Stormwater /ROW
Maint.
25.45
8,739.39
Park Maintenance
0.00
7,489.43
Community - Senior Center
0.00
4,643.48
Historical Museum
0.00
2,462.56
Economic Developments
0.00
3,866.30
General Fund Total $9;134,97 $349,396..30 ;
•
Emergenev 911 Fund
Worker's Comp Self-Insurance Fund
TO. THE HONORABLE MAYOR AND COUNCIL
CITE' OF OWASSO
FROM- CHIP MCCUIaLEY
CITY PLANNE R
SUBJECT.- ORDINANCE NO. 833
DATE. November 30, 2005
BACKGROUND:
At the November 15, 2005 meeting, the Owasso City Council approved a Planned Unit
Development request (OPUD 05 -02) for approximately 241.74 acres of property located on the
east side of North 129" East Avenue between East 116' Street North and East 126`f' Street North.
Attached is a copy of Ordinance No. 833 that formally adopts the City Council' s action of
November 15, 2005.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 533.
ATTACHMENT.
1. Ordinance No. 833
2. Subject Map
�_
AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO.
OPUD- 05 -02, PROVIDING GUIDELINES FOR BOTH COMMERCIAL AND
RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND CONTAINING
APPROXIMATED 241.74 ACRES, THE WEST HALF (W /2) OF SECTION 4,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY,
STATE OF OKLAHOMA.
WHEREAS, public hearings have been held regarding the request for approval of a Planned
Unit Development concerning the property herein described, and,
WHEREAS, the Owasso City Council has considered the recommendation of the Owasso
Planning Commission and all statements for and against the requested approval of OPUD- 05 -02.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the
supplemental designation of PUD (Planned Unit Development) on the following described property, to
wit:
A TRACT OF LAND THAT IS PART OF THE WEST HALF (W /2) OF SECTION
4, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA
COUNTY, STATE OF OKLAHOMA. MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE
N 1028'15" W A DISTANCE OF 2643.53 FEET TO THE W/4 CORNER OF SAID
SECTION 4; THENCE N 1 °28'43" W A DISTANCE OF 2642.36 FEET TO THE
NORTHWEST CORNER OF SAID SECTION 4; THENCE N 88 °56'45" E A
DISTANCE OF 1322.37 FEET TO THE NORTHEAST CORNER OF
GOVERNMENT LOT 4 OF SAID SECTION 4, SAID POINT BEING ON THE
WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE S 1 °26'2399 E
ALONG SAID RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A DISTANCE
OF 50.00 FEET; THENCE N 88 056'45" E A DISTANCE OF 357.42 FEET;
THENCE S 84 050'06" E A DISTANCE OF 230.26 FEET; THENCE S 1 °25'13" E A
DISTANCE OF 694.73 FEET; THENCE S 14 °17'39" E A DISTANCE OF 336.62
FEET; THENCE S 1'25'13" E NO LONGER ALONG SAID WESTERLY RIGHT -
OF -WAY OF U.S. HIGHWAY 169 A DISTANCE OF 217.93 FEET TO THE
SOUTHEAST CORNER OF THE W/2 OF GOVERNMENT LOT 3 OF SAID
SECTION 4; THENCE S 88 °48'49" W A DISTANCE OF 660.73 FEET TO THE
SOUTHWEST CORNER OF SAID GOVERNMENT LOT 3; THENCE S 1 °26'23"
E A DISTANCE OF 1321.82 FEET TO THE NORTHWEST CORNER OF THE E/2
OF SW /4 OF SAID SECTION 4; THENCE N 88 °47'03" E ALONG THE NORTH
LINE OF SAID E/2 OF SW /4 A DISTANCE OF 1149.16 FEET TO A POINT ON
OPUD 05 -02
SAID WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE S
1 ° 18' 02" E ALONG SAID RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A
DISTANCE OF 1173.29 FEET; THENCE S 2 °04'52" W A DISTANCE OF 602.60
FEET; THENCE S 12 °12' 21" W A DISTANCE OF 342.01 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1220.92, A
CHORD BEARING OF S 5 028'27" W, A CHORD DISTANCE OF 286,22 FEET,
FOR A DISTANCE OF 286.88 FEET; THENCE S 1 °15'26" E A DISTANCE OF
100.00 FEET; THENCE S 88 °44'34" W A DISTANCE OF 225.00 FEET; THENCE
S 8552'50" W A DISTANCE OF 500.62 FEET, THENCE S 74'42'24" W A
DISTANCE OF 103.08 FEET; THENCE S 88 °44'34" W A DISTANCE OF 168.86
FEET TO A POINT ON THE WEST LINE OF SAID E/2 OF SW /4, THENCE S
126'09" E A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OIL
SAID E/2 OF SW /4; THENCE S 88 °44'34" W NO LONGER ALONG SAID
WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169 A DISTANCE OF 1318.94
FEET TO THE POINT OF BEGINNING.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby expressly repealed.
PASSED AND APPROVED this 6th day of December, 2005.
Cram Thoendel, Mayor
Sherry Bishop, City Clerk
Julie Trout Lombardi, City Attorney
OPUD 05 -02
1 ' � t° I r
TO: THE HONORABLE MAYOR & CITE' COUNCIL
CITE' OF OWASSO
FROM° MICHELE DEMPSTER
oNO - --
� HUMAN RESOURCE DI C TOR
SUBJECT: REQUE ST FOR EARLY RETIREMENT
DATE: December 1, 2005
BACKGROUND:
Oklahoma Municipal Retirement Fund (OMRF), the retirement plan for non - police and fire
employees, requires the City Council acting as the OMRF Retirement Committee to approve
applications for retirement. To be eligible for retirement through OMRF an employee must have
a minimum of five years of employment. An employee with five or more years of service is
considered to be vested and depending upon age, has three retirement options. The first option,
Normal Retirement, is an option for vested employees age 65 or older. The second option, Early
Retirement, is available to vested employees between ages 55 and 65, and the third option is
Deferred Retirement. Deferred Retirement is an option available to vested employees under the
age of 55. Deferred Retirement allows an employee to "defer" retirement benefits until a future
date, at which time monthly retirement benefits would begin.
Theodore Smith has submitted an Application for Early Retirement. Mr. Smith was employed
with the City of Owasso from July 1992 to April 2000, and is between age 55 and 65. Therefore,
Mr. Smith is vested and eligible for Early Retirement.
R E C O� /I 1 V I E l� i D A T I O I® T
Staff recommends approval of Theodore Smith's request for Early Retirement.
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
CITY ,3_,
SUBJECT- CITIZEN REQUEST FOR PLACEMENT ON CITY COUNCIL,
AGENDA
DATE NOVEMBER 30,2005
BACKGROUND
On Tuesday, November 29, 2005, Mr. Kelly Nilson submitted a request, via e -mail, to Juliann
Stevens, expressing his desire to address the City Council at the next regular scheduled meeting
of December 6, 2005. Mr. Wilson has specifically indicated that we wants to discuss issues
relating to the construction of the YMCA facility improvements. This e -mail correspondence
has been attached for your review. Also attached for you review is a copy of the memorandum
from Ron Cates, former City Attorney, and the lease agreement between the City of Owasso and
the YMCA of Greater Tulsa that was approved and executed on June 15, 2004.
ATTACHMENTS
1. Copy of the e -mail correspondence between Kelly Wilson and Juliann Stevens dated
November 29, 2005.
2. Memo from Ron Cates, dated June 4, 2004.
3. Lease Agreement between the City of Owasso and the YMCA of Greater Tulsa executed
June 15, 2004.
4. Addendum No. 1 to the Lease Agreement executed June 15, 2004.
Page 1 of 1
Stevens, Julie
From: kelly wilson [horcents @sbcglobal.net]
Sent: Tuesday, November 29, 2005 4:32 PM
To: jstevens @cityofowasso.com
Subject: Council Meeting
Julie,
Per our phone conversation this afternoon I am requesting a few minutes with the City Council to
discuss my concerns about the new YMCA being built in Owasso. Specifically, my discussion points
would be:
1. That the citizens of Owasso deserve a health and wellness center which is representative of our
commitment to fitness and that the new facility falls well short of any substantive statement.
2. That the citizens of Owasso will be charged the highest rate /benefit ratio in the entire YMCA
system. This inequity is neither fair nor justified.
3. That our government representatives invested substantial money and offered significant tax and
lease benefits without commensurate expectations from YMCA management. In essence, a franchise
was granted without benefit of any proteetions for the citizens of Owasso.
I want it to be clear that nothing I have to say is a criticism of the existing board. I believe with all
confidence that each action taken by YMCA managemnet and the City Government was inacted with
sincerity and good intentions. It does not change the fact however, that our facility will be as far from
state-of-the-art as a health and wellness center could be.
Compared to other YMCA and Community health Centers we will not have:
1. A sauna
2. A steam room
3. A whirlpool
4. A raquetball court
5. An indoor running track
6. A standard size swimming pool
My question is going to be, 'Why do we deserve so little?'
Thanks, Julie,
Kelly Wilson
11/30/2005
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RONALD D. CATE
CITY ATTORNEY
EY
SUBJECT- LEASE EM ENT 1
THE OF GREATER TULSA, RE CRE ATION
FACILITIES P ' { S s G PARK
i�i �! t.
RISE U a `
At the direction of the City Manager, there is presented for Council consideration a
proposed Lease Agreement between the City of Owasso, Oklahoma, and the YMCA of
Greater Tulsa, an Oklahoma nonprofit corporation. The Lease Agreement is the vehicle
by which the City of Owasso and the YMCA will jointly undertake and accomplish a
significant capital improvement project at Rayola Park consisting of a new recreational
center with an indoor aquatic facility.
ul aRt t} .
The Owasso Recreation Center was constructed in 1969 as an addition to Rayola Park.
The City of Owasso operated the Recreation "Rec" Center until June 30, 1996. Beginning
July 1, 1996, the Young Men's Christian Association of Greater Tulsa (YMCA) assumed
the responsibilities of both the facility as well as the programs then being offered. A copy
of the Recreation Facility Lease Agreement is attached. In addition to that which was
assumed, the YMCA expanded the programs as well as renovated and refurbished the
facility.
Since July of 1996, the privatization of the Recreation Center has proven beneficial to the
City, the YMCA and most importantly the citizens. The City has been able to reallocate
financial and personnel resources to other municipal needs while preserving the
recreational opportunities of its citizens. The YMCA has borne the expense associated
with facility and program management. Further, not only has the YMCA continued many
of the previously existing programs but also, it has incorporated new programs into the
Center's recreational regimen. Finally, the YMCA has provided facility improvements in
excess of $3,000,000.00, an amount that otherwise would have come, if at all, from City
capital improvement project funding. As a result of the relationship, the YMCA has
likewise benefited with its increased presence in this dynamic growth area. YMCA
membership within the Owasso area has grown. YMCA members from other parts of the
Tulsa metropolitan area now have the opportunity to enjoy their membership benefits in
Owasso. Conversely, Owasso residents Who are members can enjoy their membership
benefits throughout the Tulsa metropolitan area. This brief overview itself supports the
observation previously made that the citizens of Owasso are the ultimate beneficiaries of
this public/private partnership. It is with these positive results in mind, together with the
reasonable expectation that even more will assuredly come that Staff presents this
proposed Lease Agreement.
DISCUS91ON:
The Lease Agreement presented for the Council's review and consideration is
conceptually much broader than its name suggests. Although fundamentally it is a ground
lease of a portion of Rayola Park, it is in a larger sense an agreement setting forth a
public/private venture aimed at providing the most current, state of the art, recreational
alternatives to the citizens of Owasso. This proposed venture combine an investment of
approximately $5,000,000.00 in a recreational facility and ancillary structures.
Additionally, the agreement sets forth the terms pertaining to facility operations and
maintenance that will govern the relationship across a span of fifty (50) years. The salient
provisions of the proposed Lease Agreement are as follows:
• The leased property consists of the existing Recreation Center as well as additional
lands adjacent to such which will serve as the site for the now facility. Also, as
pertains to the baseball fields, the field popularly known as Ram I will remain within
the control of the City, Ram 2 will be taken out of service during construction and the
fields to the west and northwest will be operated by the YMCA;
• The term of the lease is fifty (50) years. No options to renew are provided;
• The YMCA will construct and install facilities pursuant to plans and specifications
jointly approved. The facilities will generally consist of basketball courts as well as
exercise and meeting rooms. Additionally, there will be an indoors aquatic facility
with indoor/outdoor access. The YMCA will be responsible for obtaining directly or
through contractors all surety bonds and insurance coverage normally attendant to a
publicly financed capital improvement. The YMCA will be responsible for equipping
the facility;
• Title to the facilities, not the ground, will be jointly held with each party owning that
percentage that its investment bears to the whole;
• The City will allow the YMCA to utilize the entire facility, not the land, as collateral
for its construction and equipment loan(s). The City will allow the YMCA to
collateralize the Lease to provide additional security for the YMCA loans. The City
will neither be a maker on the loan(s) nor a guarantor.
• The operation and maintenance of the facilities will be the responsibility of the
YMCA. The YMCA will accomplish such in compliance with all applicable local,
state, and federal laws and regulations. Additionally, the YMCA will, at all times,
have in effect with a reputable, financially responsible insurer licensed to do business
2
in the State of Oklahoma, property and casualty coverage in an amount of not less
than one hundred per cent (100 %) of the value of the property as well as liability
coverage in an amount of not less than $10,000,000,00. The City will be an additional
insured on such policies of insurance.
The remaining provisions of the Lease Agreement, although of importance, are
considered as being standard contractual provisions normally found in cooperative multi -
governmental arrangements. Such generally consists of party identifications, recitals,
definitions and aids to interpretation language. In light of such, those provisions are not
specifically discussed in this Memorandum.
Any questions that any Councilor(s) might have regarding this matter should be directed
to Mr. Hay or me.
i>
17
Staff would recommend that the Council approve the Lease Agreement presented.
1. Proposed Lease Agreement (City Council Rackets Only)
2. Recreation Facility Lease Agreement (City Council Packets Only)
Citizens desirous of reviewing either of the attachments may do so by contacting Julie at
918/376 -1502.
{370293;3}
RECITALS
ARTICLE l — INTERPRE TIVE MATTERS ........... . ....... ...,,........ .^... .... ~,^.^~....... ..
Section 1�
. ....^..,^....^..^,^.^...,.^^.,~....~..^^^. I
ARTICLE 11—REPRESENTATKONS ... ........ . .... ~ ... .^ ........ ..^..`..~...,^^.^'^.^..~^.^..^....^ 2
Section 2�
. `...^.~.~..,...~.^ 2
Section 2�
. ..,..^......~'^... 3
ARTICLE III — LEASE
.... ....... ... ^~.. ............. ,. ........ ^^.^,~...^....^,.,.^....^..^,.^^..^.^...^...^......, 4
Section3.1 ^ ^`^'`^'^'^~^'^^'~^~^~^^......,..,.......... 4
Section 3.2
F�cyities~~^^'`^'^'^'~'^~'^`^'~^`^^^~'~^~'```^'`^'~'^^~~'^^^^^'~`^^'^^.^............. 4
Section3.3 ` ^^^`~'``^^^^'``~~^~~~^^~'^'^^~^~'^'`^`'~^^^^~......~..... 4
Section ��
u ~,,.,,,,^`^,,,~^,^,,,,^,^^^,,.,,,,,,,^,.,,,^..~,.,,.,~,~^.,,.,.,,^, 4
ARTICLE XV— LEASE TERM ............ ............. ....... ...,^.~.,^.~~,^.,.~....,................,....... 5
Section 41
~
^^..~..^..,..^.......^..^~........,..~......~...^...,...^^~^ 5
Section 4�
,
.^.^.~...~~....^.....^~,^...^^........,.^^~^,.^......^~.... 5
Section 4.3
Surrender of Possession ^,.^.,,.^.~.,,...,^,,,.^,,..^.,,.,,',,,^,,^,^,^,,^^,^.~,^,
Section 4.4
Reversion
Section 5 . 2
^`^^^^^^^^^'^^''`^^^^'^^~^~^'^^^^''^'`^^`'^`^^............,,.....,.,..,.,..... 5
Section 4 ^ 5
.....^~,.,,~...^.......~..^^.,....~......^.^.,.^.^... 5
Section 4 �
'
~^^^~~^~~^^^^'^`'^~^^'^^~^^^'^'^^~~^^................. 5
Section 4 . 7
First Right of Refusal 6
9
..^^.^........,^.^..^,..^....^.,.......^.^^~.^...^..............,
THE
FACILITIES ,^^^,.^,.,^~^,^,,,.,^,.,~,,,^,,.,,,.,~^^,,^.,,,,,,,,~,,,~~,^,.,,~.^.,,,
Section 5.1
Agreement to Acauire, Construct and Install the F acilities,
Plansand Specifications `^^~~^^^^^^'^^^^'^^^`^^'^'`^^^~^^`^^^^^~..^~.~..........
6
Section 5 . 2
Completion of Facilities .,....~..~^~.....,^...~.....~~......~^...~~^.^...^^^....
8
Section 5.3
Section 54
.
9
Section 5.5 ,
9
Section 5.6
General Public Liability and Property Damage Insurance '^^^'~
9
Section5.7
^^~,~^..^^^,.^.^^'.'.,``^'`~~~^'^^`^^
nvu
Section �0
~,^^...^^~.~..,,.^^^..^.^,.,.,.,..,..^^,',...^~......~...........
IO
Section5.9
Use of the Facilities ^^^`^~`'^^^^~^^^~~`'^`^^`^`'^`^^^''`^^^^^''^^^^^.,........~....
10
Section 5.10
18
Section 5.11
No Warranty of Condition or Suitability by the City .............~
10
Section5.12 ^
'`^^^^^^^~'^^^^~^```^^^~^^^^`^`'^^^^^~,^...............
11
{37nzp ;3}
ARTICLE V3— PAYMENTS UNDER THIS LEASE ................. ..................... ............ 11
Section6.1 .^...^..^..^^..^.,............................,. 1l
Section 6.2 Payments Under Lease in Addition to Payments
For��ati�n Property ^~^~'^'^^'`'~^^~''~~~~^^'^'^'^^^^^^^^^^`^^''^''`
ARTICLE CX—LOSS OF AND LIABILITIES PERTAINING 1[O FACILITIES ...
15
Section9.1
Property Insurance ~....`.^.....^....,~^...,.....,,.~....,.......,...............,.
15
Section9.2
Liability Insurance ..^..^...,^.^^..~~^^...^.,...........,......,......................
16
Section9.3
.......,......,..~.............,............
l|
Section9.4
.,......~................,......~.....,.......
16
Section 9.5
,,.~...,~,
16
Section 9.6
Limitations as to Policies .~.~^..........^,.^................,..........~~.....
16
Section 9.7
Failure of Company to Provide Insurance ...^,,^..~......~..~.......^..
16
Section 9.8
Notification of Loss and Compliance with Policies ...~.......~......
17
Section 9.9
Damage or Destruction and Restoration ,.^......~.....................
17
Section 9.10
..........
17
Section9.11
Excess Insurance Proceeds .................~.........,........,~........,......
17
V7mm;3> ii
ARTICLE XII —MISCELLANEOUS ......~............~^....~........,^............,.,,~..........
Section 12.1 No Personal Liability ..^,..~^~....^^.^^^~^~.,...^^...........,.................
Section 12.2 Release of Liability ^.....^^.`^..^.'^..^.^^^...^^'`^'^~~^^^^^^^~~~^^'~^`^^~^^^^^`
Section12.3 Third Parties ~ ........ ............ .^. ..... ^..... ..^^``^.^.`~.... ....... ~^'^^^~'^^`^^^^^^^
Section 12.4 .,.......^.~...................
21
21
21
21
21
Section12.S
Section 12.6
~~..^....,..^^..,,^~~..^..~'...~..,.......^.,....^........^^..^~..,.
Execution Qf Counterpgrts ......^......,^...~......,.,..................,....
22
22
Section 12.7
.^....^..^..~.^..'.~..^.^..
22
Section12.8
Section12.9
Section12.10
Section12.11
Section12.12
Section12.13
Section12.14
Section 12.15
Severabilit .~..^^.,......~~.^..~.....^~,...^^.^..^..^..........^...........~.........,
Notices ....,~~...^..^.~,.....,....~^.^.,..^,..^..^.~.^.~~...^^..,.......................
T ^~....,....^...^^......^.^^....^..~,..~....~^......,.~........
..... ................. ,...,,~^^^^^. ...... ........... ^^. ............ ........
Independent Contractor ^~..............^^...^,...^^.^^.^,~..~..................
Nondiscrimination ...^.^^...~..^~......~,..^~.~~....~^.~.~^,...~.~..^^^...~..
Energy Conservation ...^..^..,.^^,.,~.^^..^~,..^.,.,.~^.^..,.^,^^.^'..,^.~.~..
Partnership or Joint Venturer Disclaimer ............... .�, ........ .....
Z%
22
23
23
23
23
23
24
Section 12.16
Ap ropriation of Funds- ~.^.^^...~.^^..^....,......^~.,.~~..,,..........,..~..
24
Section 12.17
Estoppel Certificates ^~.^~^..^'^^..^.~.~.,`...^..~.,^...^..^,.,.................
24
(370293;3> iii
This LEASE, dated as of June 1, 2004, between the City of Owasso, Oklahoma, a
home rule city and an Oklahoma municipal corporation organized and existing under the
Constitution and laws of the State of Oklahoma (the 66City9) and the YMCA of Greater Tulsa, an
Oklahoma nonprofit corporation (the "Company ").
Ivan
WHEREAS, the City owns certain unimproved real estate more specifically described on
Exhibit A hereto (the 66Ground "), and desires to improve the Ground for recreational use for the
benefit of the public; and
WHEREAS, the Company is an Oklahoma nonprofit corporation dedicated to building
strong kids, strong families and strong communities through programs that enrich the spirit, mind
and body for persons of all ages and economic levels; and
WHEREAS, in recognition of the need to provide recreational facilities and opportunities
in the City, the City desires to provide a certain amount of economic assistance for, and the
Company desires to design, construct and equip a new permanent recreational facility on the
Ground, together with improvements thereto, including certain aquatic facilities (the "Aquatics
Portion "), all as more particularly described on Exhibit E hereto (the "Facilities "); and
WHEREAS, the Company desires to lease from the City the Ground upon which the
Facilities are to be located, in accordance with the terms hereinafter contained; and
WHEREAS, the City proposes to lease to the Company the Ground in accordance with
this Lease which, among other matters, provides for the payment of Ground /Facility Rentals (as
defined in Section 6.1 herein) and sets forth certain other rights and obligations of the Company
with respect to the Facilities and the Ground.
I =�!!7 �1�1►t t
NOW, THEREFORE, in consideration of the respective representations and agreements
contained herein, the City and the Company hereby agree as follows:
INTERPRETIVE ARTICLE I
Section 1.1 Interpretation and Construction. For all purposes of this Lease, except as
otherwise expressly provided or unless the context otherwise requires:
(a) All references in the Lease to "Articles," "Sections," "subsections,"
"paragraphs," "clauses" and other subdivisions are to the designated Articles, Sections,
subsections, paragraphs, clauses and other subdivisions of this Lease. The terms "herein,"
{370293;31
"hereof," "hereto," "hereby," and "hereunder" and other words of similar import refer to this
Lease as a whole and not to any particular Article, Section or other subdivision.
(b) The terms defined herein include the plural as well as the singular.
(c) All the accounting terms not otherwise defined herein have the meaning
assigned to them in accordance with generally accepted accounting principles as in effect from
time to time.
(d) The tcrin "money" or, "moneys" includes any cash, check, deposit,
investment security or other form in which any of the foregoing are held hereunder.
9�e C (e) Every 166request," CC order," "demand," t"ap hereunder "appointment,"
66notice," 64statement," "ecrtlfcate," "consent" or similar action hereunder by the City or the
Company shall be in writing and signed on behalf of the City by the City Manager for the City or
such other person as the City Manager may designate in writing as provided herein or on behalf
of the Company by the Chief Financial officer of the Company.
(f) In the computation of a period of time from a specified date to a later
specified date, the word "from" means "from and including" and each of the words 66to" and
66until99 means "to but excluding."
(g) All section titles herein are for convenience of reference only and not for
the purpose of interpreting the provisions of this Lease.
(h) The Facilities and the Ground shall be collectively referred to herein as the
"Property"
Section 2.1 Representations and Covenants by the City. The City hereby represents
and covenants that, subject to the provisions of its City Charter:
(a) The City is a home rule city and an Oklahoma municipal corporation, duly
organized and existing under the Constitution and laws of the State of Oklahoma.
(b) The City is duly authorized and empowered by the Constitution of the
State of Oklahoma, and the City Charter of the City of Owasso, to enter into the transactions
contemplated by this Lease, and to carry out its obligations hereunder and thereunder.
(c) None of the execution and delivery of this Lease, the consummation of the
transactions contemplated hereby, or the fulfillment of or compliance with the terms and
conditions of this Lease, materially conflicts with or will result in a material breach of the terms,
conditions or provisions of any restriction or any agreement or instrument to which the City is
now a party or by which it is bound, or constitutes a default under any of the foregoing.
{370293;3} 2
(d) The City has good and clear title to the Ground, free and clear of all liens
and encumbrances, to enable the Company to acquire, construct and install the Facilities on the
Ground and to enable the City to lease to the Company the Ground as provided in this Lease.
(e) This Lease has been duly authorized and delivered by the City and
constitutes the legal, valid and binding obligation of the City, enforceable against the City in
accordance with its terms.
(f) To the knowledge of the City, no person holding office of the City, either
by election or appointment, has any interest, either directly or indirectly, in any contract being
entered into or with respect to any work to be carried out in connection with the Lease and upon
which said officer may be called upon to act or vote.
(g) With respect to the Ground, the City is in full compliance with all
applicable environmental laws, rules, requirements, order, directives, ordinances and regulations
of the United States of America, the State of Oklahoma and the City and any other lawful
authority having jurisdiction over or affecting the Ground, and the City is not aware of any
potential claim or liability under any such environmental laws, rules, requirements, orders,
directives, ordinances and regulations or of any events, conditions, circumstances, activities,
practices, actions or plans which may give rise to any such claim or liability.
Section 2.2 IZet�i °esentations and Covenants by the Company. The Company hereby
represents and covenants that:
(a) The Company is a nonprofit corporation duly incorporated and in good
standing in the State of Oklahoma, is not in violation of any provision of its Articles of
Incorporation or its by -laws, has full corporate power to own its properties and conduct its
business, has full legal right, power and authority to enter into this Lease, and to consummate all
transactions contemplated hereby and thereby and by proper corporate action has duly authorized
the execution and delivery of this Lease.
(b) Neither the execution and delivery by the Company of the Lease nor the
consummation by the Company of the transactions contemplated hereby or thereby conflicts
with, will result in a breach of or default under or will result in the imposition of any lien on any
property of the Company pursuant to the Articles of Incorporation or by -laws of the Company or
the terms, conditions or provisions of any statute, order, rule, regulation, agreement or instrument
to which the Company is a party or by which it is bound.
(c) This Lease has been duly authorized, executed and delivered by the
Company and constitutes a legal, valid and binding obligation of the Company enforceable
against the Company in accordance with its terms.
(d) The Facilities consist and will consist of the facilities described in
Exhibit B hereto, and no changes shall be made in the Facilities except as permitted herein.
{370293;3} 3
Section 3.1 Lease of the Ground /Facilities.
The City hereby leases to the Company, and the Company hereby leases from the City,
the Ground and its portion of the Facilities hereafter to be constructed and owned by the City, for
the use by the Company on the terms and conditions set forth in this Lease, including but not
limited to the Company's agreement to pay Ground /Facility Rentals to the City in accordance
with Section 6.1 hereof,
Section 3.2 Facilities.
(a) The Facilities shall be deemed personal property of the City (subject to the
lease in favor of the Company as provided below) and the Company in their respective
percentages provided in Section 8.5 below, and shall consist of (i) the Facilities as more fully
described in Exhibit B hereto, and (ii) all improvements and fixtures constructed or installed in
or with respect to the Facilities in accordance with the flans and Specifications.
(b) The City and the Company acknowledge that the descriptions in
Exhibits A, B and C hereto are approximate and that, following completion of a formal survey,
an exact description for such Facilities and the Ground upon which they are to be located shall be
provided and approved by both the City and the Company, as evidenced by initials thereon, and
thereafter substituted as revised Exhibits without the requirement of a formal amendment to this
Lease. Thereafter, the Exhibits hereto shall be revised from time to time to reflect additions to,
deletions from and changes to the Facilities and the Ground upon which they are to be located
made in accordance with this Lease.
Section 3.3 Short Form Lease.
On or before the date that Company commences construction of the Improvements, the
parties will execute and record in the office of the County Clerk, Tulsa County, Oklahoma, a
short form of this Lease or a memorandum of this Lease in form reasonably acceptable to the
Company. Upon completion of the construction of the Improvements are issuance of a certificate
of occupancy, the parties will further execute and record an amendment to this Lease as well as
the Short Form Lease or memorandum of lease which specifies the allocation of ownership in the
Facilities, as provided in Section 5.8(a) below. In no event shall this Lease be recorded in its
entirety. Company shall pay the cost of recording the Short Form Lease.
Section 3.4 Baseball Field.
The parties acknowledge that the City is currently in the process of constructing certain
baseball fields in Owasso and upon completion of such construction, the City shall cease
operating that certain baseball field and relating improvements upon the real property described
on Exhibit "C" attached hereto and made a part hereof (the "Baseball Field ") which is located
northeast of and adjacent to the Ground. Promptly after the completion of such construction of
{370293;31 4
the baseball fields, the City and the Company shall make, execute and amend this Lease (and any
short form of this Lease) to include the Baseball Field as part and parcel of the Ground, and
subject to the terms of this Lease except the Company shall be under no obligation to pay any
additional rent. Further, the parties acknowledge and agree that for no additional rental or other
payments, during the construction of the Facilities, the Company shall be entitled to use that
certain south baseball field, as described on Exhibit "B" attached hereto, for parking purposes.
Section 4.1 Term of the Lease.
This Lease shall commence on the date set forth on the first page hereof and shall
continue until the earliest of:
(a) June _&L—,2054;
(b) at the City's option, upon the occurrence of an event of default under
Section 11.1 hereof that is not waived in accordance with Section 11.4 hereof;
(c) at the Company's option, but only as to all of the Property, at any time.
Section 4.2 Intentionally Blank
Section 4.3 Surrender of Possession. No notice to quit possession at the termination
of the Lease shall be necessary, and the Company covenants peaceably to surrender possession of
the Ground upon the termination of this Lease, provided, however, that the Company shall have
the right to remove any and all property and Facilities of the Company in accordance with
Sections 8.5 and 8.6 herein.
Section 4.4 Reversion. Upon termination of this Lease, the Company's rights with
respect to the Ground shall terminate, and the Ground and any Facilities owned by the Company
but which are not removed by it in accordance with Section 8.6 herein shall become improved
real property owned in whole and entirely by the City.
Section 4.5 Evidence of Termination. At the termination of this Lease pursuant to
Section 4.1 herein, and following full payment of all amounts payable hereunder in accordance
with the provision of this Lease, the parties hereto shall deliver any documents and take such
actions as may be requested to effectuate the cancellation and evidence the termination of this
Lease.
Section 4.6 Effect of Holding Over. Should the Company hold over the use of or
continue to occupy the Ground or any part thereof after the termination of this Lease, such
holding over shall be deemed merely a tenancy from month to month upon a monthly rental in an
amount equal to one - twelfth of the prior year's Ground /Facility Rentals (as defined in section 6.2
herein) paid by the Company.
{370293;3}
Section 4.7 First Right of Refusal.
(a) In the event the Company wishes to sell or otherwise transfer the Facilities to any
third party (other than to an affiliate of the Company that expressly agrees to be bound by and
subject to this Lease), the Company shall give to the City prompt written notice of its intent to
sell or otherwise transfer the Facilities. Thereafter, the City may, but need not, notice the
Company in writing, within forty-five (45) days of the Company's notice to the City, of the
City's intent to purchase the Facilities for the Facilities' then appraised fair market value, less
$1,500,000.00. In the event the City gives such notice, the City shall thereafter purchase all, but
not less than all, of the Facilities from the Company, within ninety (90) days of the City's notice.
In the event the parties cannot agree upon the fair market value within thirty (30) days following
the City's notice, the City shall appoint one commercial real estate broker duly licensed in the
State of Oklahoma with at least fifteen (15) years experience in commercial real estate (the "Real
Estate Broker") and the Company shall appoint one Real Estate Broker and the two Real Estate
Broker's shall appoint a third Real Estate Broker, and each of the three Real Estate Brokers shall
determine the fair market value of the Facilities (and deliver to the City and the Company a
written report explaining the process and assumptions used to determine Fair Market Value), and
the "Fair Market Value" shall be the average of such findings. Each party shall be responsible for
the cost of its respective Real Estate Broker, and the cost of the third Real Estate Broker shall be
evenly divided between the City and the Company. If the then appraised fair market value of the
Facilities at the time of the Company's notice to the City of its intent to sell or otherwise transfer
the Facilities is less that $1,500,000.00, then in the event the City notices the Company of its
intent to exercise its right of first refusal contained in this Section 4.7 the purchase price for the
Facilities shall be equal to the then appraised fair market value of the Facilities less an amount
equal to the then appraised fair market value of the Facilities multiplied by a fraction, the
numerator of which is the then appraised fair market value of the Facilities and the denominator
of which is $1,500,000.00.
(b) In the event the City wishes to sell or otherwise transfer its portion of the
Facilities and the Ground to any third party, the City shall give to the Company prompt written
notice of its intent to sell or otherwise transfer the Facilities and Ground. Thereafter, the
Company may, but need not, notice the City in writing, within forty -five (45) days of the City's
notice to the Company, of the Company's intent to purchase the Facilities and Ground for the
price of $1,500,000.00. In the event the Company gives such notice, the Company shall
thereafter purchase all, but not less than all, of the Facilities and Ground from the City, within
ninety (90) days of the Company's notice. During the term of this Lease, at not time shall the
City sell or otherwise transfer its portion of the Facilities or the Ground, separate from the other.
ARTICLE V
ACQUISITION, CONSTRUCTION AND EQUIPPING OF
THE FACILITIES
Section 5.1 Agreement to Acquire Construct and Install the Facilities: Plans and
Specifications.
{370293;31
(a) The Company agrees that it will construct and install the Facilities
substantially in accordance with the Plans and Specifications and the provisions set forth in
Exhibit D hereto which have been previously approved by the City. The Company shall submit
two (2) complete copies of the Plans and Specifications to the City Manager (the "Manager ") prior
to the commencement of construction of the Facilities. The Plans and Specifications may be
revised at any time prior to the completion date for the Facilities provided that (i) the revisions are
approved by the Manager, which shall not be unreasonably withheld, delayed or conditioned and
(ii) the Exhibits hereto arc revised to reflect additions to, deletions from and changes in the
Facilities.
(b) The Plans and Specifications shall be prepared by a licensed architect with
experience in the design of recreational facilities. After final written approval by the Manager,
the Manager shall return to the Company one (1) approved copy of the Plans and Specifications
for the Company's records and shall retain one (1) approved copy as an official record thereof. In
the event of disapproval by the Manager of any portion of any plans or specifications, the
Company shall promptly submit necessary modifications and revisions thereof for approval by
the Manager. The Manager agrees to act within ten (10) days of receipt of such Plans and
Specifications and upon requests for approval of changes or alternations in said Plans or
Specifications. If the Manager fails to act within said ten (10) days, approval shall be deemed to
have been granted. No substantial changes or alterations shall be made in said Plans or
Specifications after initial approval by the Manager without the prior written approval of the
Manager, which approval shall not be unreasonably withheld or delayed. The Company shall
include in all contracts and agreements provisions acceptable to the City governing the
construction of the improvements on the Ground. Such provisions are set forth in Exhibit E
hereto. The City, through the Manager, shall retain at all times the right to stop construction,
order the contractor off of the construction site, or to take such other actions on behalf of the City
as deemed reasonably necessary to ensure the safety of workers or equipment.
(c) All design or construction contracts for the Facilities shall be awarded by
the Company and certain portions of the work may be awarded to the Company's own personnel.
Where the work is to be done by Company personnel, the Company may charge for materials
and direct labor, plus a reasonable percentage for overhead.
(d) The City shall contribute the amount of $1,500,000.00 to the costs of the
construction of the Facilities and specifically the acquisition and payment of certain materials
and the City represents and warrants to the Company that such funds are available for such
purpose and the use thereof by the City as provided in this Lease has been duly authorized and
approved. In connection with the foregoing, Notwithstanding anything herein to the contrary,
the City shall purchase, acquire and pay for those certain categories of materials as described on
Exhibit "G" attached hereto (the 'Building Materials "). Regardless of the entire construction
cost for the Facilities, including costs if any of materials purchased, unless otherwise agreed
upon between the parties, the City's contribution need not exceed total payments of
$1,500,000.00. The City shall purchase all of such Building Materials directly from such
vendors and suppliers as are mutually approved and agreed upon by the City and the Company.
The costs of Building Materials so purchased by the City shall be paid by or on behalf of the City
(through Tulsa County 2025 Funds) and not by Company. The City shall pay for or cause to be
(370293;31 7
paid for by Tulsa County 2025 Funds on its behalf the Building Materials ordered by the City
and such payment shall be made directly to the vendors and suppliers of such Building Materials.
Payment shall be made for such Building Materials that are properly delivered to and accepted
by the City. Such payment shall be made within thirty (30) days of the date the City is invoiced
for the Building Materials. If and in the event the City's direct Building Material purchases do
not equal $ 1,500,000.00, then, in such event, the City, upon written request therefor from the
Company, shall pay over unto Company such remaining amounts in direct proportion that such
remaining finds bears to the percentage of completion of the construction. Upon completion of
the Facilities and subject to Section 3.1 hereof, the City shall own an undivided percentage
interest in the Facilities determined by dividing $1,500,000.00 by the total dollar cost of the
Facilities as provided in 8.5 hereof.
(c) Nothing contained in this Section 5.1 shall relieve the Company from
making the payments required to be made pursuant to Article VI hereof.
Section 5.2 Completion of Facilities. The Company shall pursue the planning and
construction of the Facilities to completion promptly with diligence. The Company shall use its
best efforts to cause the completion date to occur on or before _ , 2005. The
Company, with the approval of an engineer or architect (who may be an employee of the
Company) familiar with the Facilities, shall certify to the City that to the best of the Company's
knowledge based upon the representation of contractors, subcontractors, architects, engineers,
vendors or other consultants and, except for any amounts estimated by the Company to be
necessary for payment of any costs of construction not then due and payable, the Facilities have
been completed in substantial conformity with the Plans and Specifications as approved by the
City. Provided however, that the delivery of any such certificate by the Company shall not, and
,such certificate shall state that it does not, prejudice any rights against third parties which exist at
the date of such certificate or which may subsequently come into being. For purposes of this
Lease, the Completion Date shall be such date that the Company and the City, by and through its
City Council, accepts the Facilities. The Company shall provide the City with one (1)
completed set of as -built drawings in the form of an AutoCADD file (Release 12), and one (1)
completed set of as -built drawings in mylar reproducibles. The Company agrees that, upon the
request of the City, the Company will inspect the Facilities and the real property provided by the
City jointly with the City to verify the as -built drawings.
Section 5.3 Performance and Payment Bonds. Prior to the commencement of any
construction hereunder, the Company or its contractor shall furnish to the City, and without
expense to the City, performance and payment bonds in a form approved by the City Attorney,
naming the City as beneficiary, issued by a surety licensed to transact business in the State of
Oklahoma and satisfactory to the City, with the Company's contractor or contractors as
principals, in a sum not less than the amount bid by the successful contractor(s) for the contract
or contracts for the construction of the Facilities as approved by the City herein. Said bonds
shall assure prompt and satisfactory completion of the work to performed in accordance with the
construction contract and shall guarantee the prompt payment to all persons supplying labor,
materials, provisions, supplies, and equipment used directly or indirectly by said contractor,
subcontractor(s), and suppliers in the prosecution of the work provided for said construction
contract and shall protect the City from any liability, losses, or damages arising therefrom. The
f370293;3) 8
Company specifically reserves the right to contest any and all claims for payment which may be
submitted or otherwise set forth under this Section 5.3. The form of the bond shall be as shown
on Exhibit F of this Lease.
Section 5.4 Maintenance Bond. The Company shall cause each contractor and, at the
Company's discretion, any subcontractor, that is responsible for the construction of any
portion of the Facilities to bond or otherwise guarantee all work performed by it against defective
workmanship and materials for a period of one year after the Completion Date, provided that
such one year period shall not begin with respect to any item that is not completed on the
Completion Date until such item is completed.
Section 5.5 Builder's Risk Completed Value Insurance. The Company shall procure
and maintain, at its own cost and expense, or require its general contractor to obtain, until the
later of the Completion Date or the date all insurance required pursuant to Article IX of this
Lease is procured, all risk of loss builder's risk completed value insurance upon such property.
This insurance shall insure and protect from all insurable risks of physical loss or damage to the
project materials (including but not limited to the Building Materials purchased by the City) or
equipment, including labor expended, in warehouses or storage area, during the installation or
erection, and after the work is completed until final acceptance of the entire work by the City and
the Company regardless of any acceptance or use of portions of the work prior to completion of
the contract. Contractors and subcontractors will be covered, excluding their own machinery,
tools and equipment. The deductible under the Builder's Risk insurance shall be sustained and
borne by the contractor.
Section 5.6 General Public Liability and Property Damage Insurance. The Company
shall require that each contractor or subcontractor procure and maintain standard form
comprehensive general public liability and property damage insurance, at the contractor's or
subcontractor's own cost and expense, during the duration of the contractor's or subcontractor's
contract with the Company, in the amount of at least $10,000,000.00. Such policies shall include
the City as an additional insured and shall include a provision prohibiting cancellation,
termination or alteration without thirty- (30) day's prior written notice to the City and the
Company. A certificate of insurance evidencing such insurance shall be provided to the
Company and the City with respect to each contractor or subcontractor. Such insurance shall
provide protection from all claims for bodily injury, including death, property damage and
contractual liability.
Section 5.7 Workers' Compensation Insurance. The Company shall require that each
contractor or subcontractor that is responsible for constriction of any portion of the Facilities
procure and maintain, at the contractor's or subcontractor's own cost and expense, workers'
compensation insurance during the term of the contractor's or subcontractor's contract with the
Company, covering all persons working under the contract. Such insurance, if issued by a
private carrier, shall contain a provision prohibiting cancellation, termination or alteration
without thirty (30) days prior written notice to the City and the Company. A certificate issued by
the State Insurance Fund evidencing such coverage shall be provided to the City and the
Company, or if such insurance is provided by a private carrier, a certificate of insurance
evidencing such insurance shall be provided to the City and the Company.
(370293;3) 9
Section 5.8 Title to the Facilities.
(a) The City and the Company hereby jointly own all of its right, title and
interest in the Facilities and all work completed or in progress. The percentage ownership of the
Facilities of each party shall be determined by adding the total cost of construction of the
Facilities and then dividing the amount by the respective party's total payments of those total
costs by the total costs so determined. Except as provided in Section 3.4 above, the City and the
Company shall not be required to take any further action to evidence or confirm such title. The
Company will be liable at all such times for all risk, loss and damages with respect to the
Property.
(b) Title to any subsequent improvement to the Facilities, unless such are
accomplished and/or paid for by the City, will be retained by the Company as the same are
erected, installed and /or put in place and any subsequent improvements shall be subject to the
term of this Lease.
(c) The City and the Company each agree to do all acts and execute and
deliver all documents necessary to confirm title to the Facilities in the City and the Company.
Section 5.9 Use of the Facilities. The Company shall have the sole management,
occupancy and control of the Property.
Section 5.10 Notices and Permits; Lc al Conformance.
(a) The Company shall give or cause to be given all notices and comply or
cause compliance with all laws, ordinances, municipal rules and regulations and requirements of
public authorities applying to or affecting the conduct of the work on the construction of the
Facilities. All permits, approval and licenses necessary for the prosecution of the work shall be
procured by the Company.
(b) All of the Facilities and all alterations and additions thereto shall in all
respects be constructed in accordance with the ordinances and any applicable building code and
any other applicable rules, laws or regulations.
(c) The City covenants, warrants and agrees that the applicable zoning
ordinance with respect to the Ground permits the construction, operation and use of the Facilities
by the Company.
Section 5.11 No Warranty of Condition or Suitability by the City. THE COMPANY
SPECIFICALLY ACKNOWLEDGES THAT THE CITY MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF HABITABILITY, SUITABILITY
AND FITNESS FOR A PARTICULAR USE, AS TO THE GROUND OR FACILITIES OR
THEIR CONDITION OR THAT THEY WILL BE SUITABLE FOR THE COMPANY'S
PURPOSES OR NEEDS.
{370293;3 } 1.0
Section 5.12 Subsequent Improvements. After the Company's occupancy of the
Property, the Company shall be responsible for the full cost of any alterations and improvements.
The Company shall be responsible for obtaining permits and inspections, if necessary, from other
agencies of the City, Tulsa County, or other government entities with jurisdiction over the
Property. In the event the Facilities require expansion, the Company shall have the right to
expand such Facilities in accordance with the terms hereof and such expansion shall be deemed
part of the Facilities and shall be subject to the terms and conditions thereof. Any such expansion
by the Company shall be owned by the Company and shall increase the Company's percentage of
ownership of the entire Facilities. Such percentage of ownership shall be determined by adding
the total cost of construction of the Facilities, including costs of construction of the subsequent
improvements, and then dividing the amount of the Company's total payments of those total costs
by those total costs so determined.
ARTICLE
PAYMENTS UNDER THIS LEASE
Section 6.1 Ground /Facility Rentals. The Company agrees to pay Ground /Facility
Rentals to the City on the occupancy date of the Facilities and thereafter on the first day of each
succeeding year, in advance, during the term of this Lease, in an amount equal to $1.00 per
month.
Section 6.2 Payments Under Lease in Addition to Patents For Ot�erating Property.
All expenses incurred by the Company in connection with its operation and use of the Property
shall be paid by the Company directly without reduction of any other amounts payable by the
Company under this Lease and without right or reimbursement.
Nothing contained in this Article VI shall be construed to release the City from the
performance of any of the agreements on its part herein contained; and in the event the City shall
fail to perform any such agreement on its part, the Company may institute such action against the
City as the Company may deem necessary to compel performance. The Company may at its own
cost and expense and in its own name prosecute or defend any action or proceeding or take any
other action involving third persons which the Company deems reasonably necessary in order to
secure or protect its rights hereunder, and in such event the City hereby agrees to cooperate fully
with the Company and to take all action necessary to effect the substitution of the Company for
the City in any such action or proceeding if the Company shall so request; provided that the City
shall not be required to take any act which, in the opinion of the City Attorney, would be
prejudicial to the rights or interests of the City in connection with such action or proceeding or
the facts giving rise thereto.
ARTICLE VII
IS—PEI E- i;
Section 7.1 Financial Statements of Company. The Company agrees to furnish to the
City Treasurer copies, within 150 days of the end of the Company's fiscal year, an audited
statement of consolidated financial position and results of operations, with respect to operations
of the Company as a whole.
(370293;3) 11
Section 7.2 Company to Maintain its Corporate Existence; Conditions Under Which
Exceptions Permitted. The Company agrees that during the term of this Lease it will maintain in
good standing its corporate existence, will remain duly qualified to do business in the State of
Oklahoma, will not dissolve or otherwise dispose of all or substantially all of its assets and will
not consolidate with or merge into another corporation; provided, however, that the Company
may, without violating the agreements contained in this Section 7.2, consolidate with or merge
into another corporation either incorporated and existing under the laws of the State of Oklahoma
or qualified to do business in the State of Oklahoma as a foreign corporation, or sell or otherwise
transfer to another such corporation all or substantially all of its assets as an entirety and
thereafter dissolve, provided (i) the resulting, surviving or transferee corporation, as the case may
be, is not "insolvent99 within the meaning of the Oklahoma Uniform Commercial Code, (ii) the
City 'Treasurer is provided with a certificate from the Chief Financial Officer of the resulting,
surviving or transferee corporation stating that such corporation has not ceased to pay its debts in
the ordinary course of business and can pay its debts as they become due and is not insolvent
within the meaning of the federal bankruptcy law, (iii)) the resulting, surviving or transferee
corporation irrevocably and unconditionally assumes in writing and agrees to perform by means
of an instrument which is delivered to the City Treasurer all of the obligations of the Company
herein, and (iv) the City Treasurer and the City Attorney receive an opinion of Counsel, in form
and substance satisfactory to the City Attorney, to the effect that such consolidation, merger, sale
or transfer complies with this Lease.
Section 7.3 Indemnification Covenant. The Company will pay, and will protect,
indemnify and save the City and its respective agents, officers and employees, harmless from and
against any and all liabilities, losses, damages, costs and expenses (including attorney's fees,
alternative dispute resolution expenses and fees and expenses of the Company and the City),
causes of action, suits, claims, demands and judgments of whatsoever kind and nature (including
those arising or resulting from any injury to or death of any person or damage to property)
arising out of any of the following except when caused by the negligence of the willful
misconduct or gross negligence of the City or its agents, officers or employees acting in their
official capacity (and not as patrons of the Facilities):
(a) the design, construction, installation, equipping and financing of the
Facilities;
(b) the use or occupancy by the Company of the Property;
(c) the violation by the Company of any agreement, representation, warranty,
covenant or condition of this Lease;
(d)
the violation by the Company of any other contract, agreement or
restriction relating to the Property; or
(e) the violation by the Company of any law, ordinance, regulation or court
order affecting the Leased Property or the ownership, occupancy or use thereof.
The City shall promptly notify the Company in writing of any claim or action brought
against the City in respect of which indemnity may be sought against the Company hereunder,
{370293;31 12
setting forth the particulars of such claim or action. The City may employ separate Counsel in
any such action and participate in the defense thereof, but the fees and expenses of such Counsel
shall. not be payable by the Company unless such employment has been specifically authorized
by the Company.
The indemnity provided for in this Section 73 shall be independent of any indemnities to
which the City may be entitled under any agreement between the City and the Company.
Section 7.4 Quiet Enjoyment. The City covenants that the Company, on performing
its covenants and other obligations hereunder, shall have quiet and peaceable possession of the
Property until the termination of this Lease.
Section 7.5 Assiglnnents and Subleases. Except as otherwise provided in this Section
7.5 and Section 7.2 hereof, neither the Company nor the City shall assign or otherwise transfer its
respective interest in this Lease, in whole or in part, or transfer any interest in or to the Facilities
without the prior written consent of the other party, which consent shall not be unreasonably
withheld. Notwithstanding the foregoing, the Company shall have the right to grant licenses for
portions of the Facilities to concessionaires of Company's choosing, or to otherwise subcontract
operations functions to subcontractors of the Company's choosing. All revenues paid by
concessionaires for use of the Facilities shall be paid to and belong to the Company. The
Company shall bear sole responsibility for making all payments to subcontractors.
Section 7.6 Financing and Mortoge of Ground and Facilities The City acknowledges
and agrees that as an accommodation. to the Company, the City shall join in the execution and
deliver to the Company's construction or permanent lendcr or financial institution (whether direct
loans, bond financing or otherwise) of a real estate mortgage (and all other applicable documents,
as reasonably necessary) thereby submitting and granting the fee interest of the City in and to the
Ground and the ownership interest of the City in and to a portion of the Facilities to a first lien,
security interest and mortgage as security for the repayment of the construction loan and any
permanent financing thereof incurred by the Company for the construction of the Facilities and
any renewal or refinancing thereof.
ARTICLE VIII
USE 1 MAINTENANCE OF FACILITIEZ45
Section 8.1 Permitted Use. The Company shall have the right to the use, occupancy
and control of the Property as a recreational facility, subject to the terms hereof. The Company,
with the approval of the Manager, which approval shall not be unreasonably withheld, shall be
permitted to use the Property for any additional use which constitutes a proper recreational
purpose and which is related to the operation of the Company's nonprofit activities. The Company
will at all times during the term hereof provide for a daily user fee so as to enable non - members to
utilize the recreational and aquatic facilities. Such daily user fee shall be in an amount that is
competitive with other YMCA facilities in the Tulsa metropolitan area.
Section 8.2 Limitations Upon Use and Location. The Company shall not commit
waste with respect to the Property and shall not commit or permit any nuisance from or upon the
Property.
{370293;3 } 13
Section 8.3 Compliance with Other Governmental Regulations. The Company shall,
at all times, faithfully obey and comply with all existing and future laws, rules and regulations
adopted by federal, state, local or other governmental bodies and applicable to or affecting the
Company and its operations and the Facilities, provided, however, that the Company may,
without being considered to be in breach of this Lease, contest any such laws, rules and
regulations so long as such contest is diligently commenced and prosecuted.
Section 8.4 Utilities, The Company understands and agrees that all utility services
required by it during the term of this Lease for the Property shall be obtained and secured by the
Company at its own expense.
Section 8.5 Company. Property. The Company may from time to time, in its sole
discretion and at its own expense, install machinery, equipment and other personal property on or
upon the Ground. All such personal property so installed by the Company shall remain the sole
property of the Company in which the City shall have no interest except as otherwise provided
herein. Such property may be purchased by the Company on conditional sale, installment
purchase or lease sale contract, or subject to vendor's lien or security agreement, as security for
the unpaid portion of the purchase price thereof.
The Company shall have the right at any time during the term of this Lease, when not in
default hereunder, to remove any or all of the property installed by the Company pursuant to this
Section 8.5, at its own expense, subject to the Company's obligation to repair, at its own expense,
all damage, if any, resulting from such removal.
Section 8.6 Disposition of Company Property at End of Lease Term. All property and
Facilities installed by the Company pursuant to Section 8.5 hereof and all trade fixtures and
personal property of the Company shall be removed by the Company at its own expense by the
expiration or earlier termination of the term of this Lease; and the Property shall be surrendered
as provided herein, unless the Company shall have notified the City at least 120 days prior to the
date of the expiration or earlier termination of the term of this Lease of the Company's desire not
to remove the property and Facilities installed by the Company in or upon the Ground pursuant
to Section 8.5 hereof, or any portion thereof, and of its request therefore, which request shall
describe such property with reasonable particularity, and unless the City, acting by and through
its Manager, shall have notified the Company not less than 60 days in advance of such expiration
or earlier termination of its willingness to accept title to such property. The Company shall have
a period not exceeding 60 days after termination of the term of this Lease for the removal of the
property installed by the Company, pursuant to Section 8.5 hereof.
Section 8.7 Repairs, Maintenance and Replacement. The cost of maintenance, care
and any necessary replacement of the Facilities shall be borne by the Company. The Company
covenants and agrees at its expense, and without cost or expense to the City, during the term
hereof, after the completion of the Facilities, that the Company shall keep the Facilities neat,
clean and in good order and condition and will make all necessary and appropriate repairs and
replacements thereof, provided that all replacement property shall be in as good operating
condition as, and shall have a value and utility at least equal to, the property replaced.
{370293;31 14
Section 8.8 Right to Enter, Inspect and Make Repairs. The City and its authorized
officers, employees, agents, contractors, subcontractors and other representatives shall have the
right (at such times as may be reasonable under the circumstances and with reasonable notice to
the Company and with as little interruption of the Company's operations as is reasonably
practicable) to enter upon the Property for the following purposes:
(a) to inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether the Company has complied and
is complying with the terms and conditions of this Lease with respect to such Property;
(b) to perform maintenance and make repairs and replacements in any case
where the Company is obligated but has failed to do so, after the City has given the Company
reasonable written notice so to do, in which event the Company shall reimburse the City for the
reasonable cost thereof promptly upon demand; and
(c) in the proper exercise of the City's police power;
provided, however, that nothing contained in this Section 8.8 shall limit the power of the City
and its authorized officers, employees and agents to enter upon. the Property as provided by law
in a capacity other than as lessor under this Lease. No such entry by or on behalf of the City
upon the Property shall cause or constitute a termination of the Lease or be deemed to constitute
an interference with the possession thereof by the Company.
Section 8.9 Condition of Property. On the expiration or termination of this Lease, the
Company shall surrender the Facilities (except to the extent of the Company's personal property
and trade fixtures and equipment) to the City in good condition, exposure to the elements,
casualty, acts of God, condemnation, and reasonable wear and tear excepted. The determination
of "good condition" shall take into account the age of the Improvements and the components
thereof at the time of surrender. Under no circumstances shall the Company be required to
restore the Improvements to their original condition, nor shall the Company have any obligation
to leave or put the Improvements in a condition for immediate occupancy by another tenant.
Section 8.10 Purchases by Company. Property, services and materials (except as
otherwise provided in this Lease) may be purchased or otherwise obtained by the Company from
any person or corporation of its choice and no unjust or unreasonable discriminatory limitations,
restrictions, charges or conditions shall be imposed by the City, directly or indirectly, against the
Company or its suppliers for the privilege of purchasing, selling, using storing, withdrawing,
handling, consuming, loading, unloading or delivering any personal property of the Company, by
the Company or its suppliers, or for the privilege of transporting such personal property to, from
or on the Property.
ARTICLE IX
LOSS OF 1 • :i
•ii• .VWVAMA
Section 9.1 Property Insurance. Except to the extent the Facilities are insured during
the construction, installation, and other acquisition of the Facilities by any contractors pursuant
{370293;3 } 15
to Article V hereof, at all times during the term of this Lease, the Company agrees that, at its own
cost and expense, it shall keep the Facilities, insured against loss or damage (in excess of
$100,000.00 in any one occurrence) for the full replacement cost value by fire, lightning, tornado,
windstorm, hail, flood, earthquake, explosion, riot, riot attending a strike, civil commotion,
vandalism and malicious mischief, sprinkler leakage, aircraft, vehicles and smoke, or any other
casualty, in amounts not less than 100% of the replacement value of such improvements.
Section 9.2 Liability Insurance. At all times during the term of this Lease, the
Company is required and agrees, at its own. cost and expense, to provide and keep in force for the
benefit of the Company and the City, a policy, or policies, of insurance written on a single limit
each occurrence basis with limits of not less than Ten Million Dollars ($10,000,000) for bodily
injury and property damage arising from any operation of the Company at the Property, including
any operation in or related to the Aquatics Portion, and contractual liability coverage.
Section 9.3 Workers Compensation Coverage. The Company shall maintain in force,
during the term of this Lease, Workers Compensation coverage in accordance with the
provisions of Oklahoma law.
Section 9.4 Payment of Insurance Proceeds. All insurance policies obtained pursuant
to Section 9.1 hereof shall provide for payment of the proceeds to the Company and the City to
the extent of their insurable interest.
Section 9.5 Continued Oblation to Pay Ground /Facility Rentals. No loss or damage,
regardless of whether it is wholly or partially insured, shall in any way relieve the Company of
its obligation to make payments as provided in Article VI hereof.
Section 9.6 Limitations as to Policies. The insurance policy, or policies, and
certificates of insurance evidencing the existence thereof required by this Article IX shall insure
the Company's agreement to indemnify the City as set forth in the indemnification provisions
hereof. The City shall be named as an additional insured of said insurance. Each such policy
and certificate shall contain a special endorsement stating "This policy will not be materially
changed or altered or canceled without first giving 30 days written notice by certified mail, return
receipt requested, to the City Manager ,City of Owasso, 111 N. Main St., Owasso, OK."
Section 9.7 Failure of Company to Provide Insurance. If at any time the Company
shall fail or neglect to insure the Property, as aforesaid, or to deliver such policies or certificates
of insurance as aforesaid, the City may effect such insurance by obtaining policies issued by
companies satisfactory to the City. The amount of the premium or premiums paid for such
insurance by the City shall be payable by the Company to the City with the installment of rent
thereafter next due under the terms of this Lease. The City shall not be limited in the proof of
any damage which the City may claim against the Company arising out of or by reason of the
Company's failure to provide and keep in force insurance as aforesaid, to the amount of the
insurance premium or premiums not paid or incurred by the Company and which would have
been payable upon such insurance, but the City shall also be entitle to recover as damages for
such breach the uninsured amount of any loss, damages, cost and expenses of suit suffered or
incurred by reason of damage to, or destruction of, or liability appertaining to, the Facilities
occurring during any period when Company shall have failed or neglected to provide insurance
{'370293;3 } 16
as aforesaid.
Section 9.8 Notification of Loss and Compliance with Policies. The Company shall
not violate the terms or prohibitions of any insurance policy herein required to be furnished by
the Company, and the Company shall promptly notify the City of any claim or loss under such
insurance policies.
Section 9.9 Damage or Destruction and Restoration. In case of damage or loss of all
or any portion of the Facilities, the Company will give prompt notice thereof to the City; and,
except as otherwise hereinafter provided in Section 9. 10, the Company shall promptly commence
and complete with due diligence (subject to delays beyond its control), the restoration of the
Facilities or the damaged portion thereof as nearly as reasonably practicable to the value and
condition thereof immediately prior to such damage or destruction (with alterations, at the
Company's election, pursuant to Section 5.12 hereof) or, with the consent of the City, the
replacement of the Facilities, in whole or in part, with other facilities. In the event of such
damage or destruction, the Company shall be entitle to use or receive reimbursement from the
proceeds of all property insurance policy or policies for the Facilities, including the Aquatics
Portion, and shall be obligated to provide any additional moneys necessary for such restoration,
except as otherwise provided in Section 9.10 hereof.
Section 9.10 Company's Election Not to Restore Damaged Property. In the case of the
damage or destruction of all or any part of the Facilities to such extent that , in the reasonable
opinion of the Company, the repair or replacement thereof would not be economical, the
Company, within 120 days thereafter, may elect not to restore or replace such part of the
Facilities as provided in Section 9.9 hereof. Within 180 days after the Company elects not to
restore or replace any part of the Facilities as provided in Section 9.9 and this Section 9.10
hereof, the Company may raze such part of the Facilities at the Company's expense as nearly as
reasonably practicable to the value and condition thereof immediately prior to the
commencement of the acquisition and construction of such part of the Facilities. Thereafter this
Lease shall expire with respect to the Ground underneath such razed Facilities.
Section 9.11 Excess Insurance Proceeds. In the event there remain any insurance
proceeds in excess of the cost of the restoration of any part of the Facilities pursuant to Section
9.9 hereof, and /or to raze such part of the Facilities and restore the underlying land pursuant to
Section 9.10 hereof, the Company shall retain and be entitled to retain such excess insurance
proceeds, including any amounts attributable to the Aquatics Portion.
Section 10.1 Prompt Payment of Taxes and Fees. The Company agrees to pay all
lawful general taxes, special assessments, excises, license fees, permit fees, and utility service
charges of whatever nature, applicable to its operation at the Property, prior to the creation of a
lien on the Property as a result of nonpayment, and to take out and keep current all licenses,
municipal, state or federal, required for the conduct of its business at the Property.
Section 10.2 Mechanic's and Materialmen's Liens. Subject to Section 10.4 hereof, the
{370293;31 17
Company agrees to remove promptly any mechanic's or materialman's or any other lien to be
imposed upon the Property, by reason of any work or labor performed or materials furnished by
any mechanic or materialman at the request of the Company (other than for work done or
materials furnished under a contract to which the City is a party) with respect to the Property.
Section 10.3 Prompt Payment of Other Obligations. The Company agrees to remove
any lien, mortgage, judgment or execution to be filed against the Property or any part thereof
resulting from an act or omission of the Company which will in any way impair the rights of the
City under this Lease.
Section 10.4 Right of Contest. The Company shall have the right to contest any such
mechanic's, materialman's or --any lien or encumbrance; and the Company shall not, pending
the termination of such contest, be obligated to pay, remove, or otherwise discharge such lien or
claim, provided, however, that the contest, in the reasonable judgment of the Company, will not
affect the possession, use or control of the Property. The Company agrees to indemnify and save
harmless the City from any loss as a result of the Company's action as aforesaid.
Section 10.5 Nonpayment During Contest. If the Company shall in good faith proceed
to contest any general tax, special assessment, excise, license fee, permit fee, or other public
charge, relating to the Property, or the validity thereof by proper legal proceedings which shall
operate to prevent the collection thereof or to prevent the appointment of a receiver because of
nonpayment of any such taxes, assessments, excises, fees, or other public charges, the Company
shall not be required to pay, discharge, or remove any such tax, assessment excise, fee, or other
public charge so long as such proceeding is pending and not disposed of, provided that the
nonpayment, in the reasonable judgment of the Company, will not affect the possession, use or
control of the Property. During the pendency of such proceeding, the City shall not, pending the
termination of such legal proceedings, pay, remove, or discharge such tax, assessment, excise,
fee, or other public charge. The Company agrees to indemnify and save harmless the City, from
and loss as a result of the Company's action as aforesaid.
ARTICLE
EVENTS OF DEFAULT D REMEDIES
Section 11.1 Events of Default Defined. The occurrence of any one or more of the
events described in the following subsections (a) through (b) of this Section 11.1 shall constitute
a "default" for all purposes of this Lease; and each such default shall, after the giving of notice, if
any, passage of time, if any, or occurrence of an event, if any, specified in the subsection
describing such default, constitute an "event of default" for all purposes of this Lease:
(a) Any material breach by the Company of any of its representations or
warranties made in this Lease, any failure by the Company to make any payment required to be
made by it hereunder or any failure by the Company to observe and perform any of its covenants,
conditions or agreements made on its part to be observed or performed hereunder, for a period of
30 days after written notice specifying such breach, failure to pay or failure to observe and
perform and requesting that it be remedied, given to the Company by the City, unless (i) the City
shall agree in writing to an extension of such time prior to its expiration or (ii) if the breach,
failure to pay or failure to observe and perform be such that it can be corrected but cannot be
{370293;3} 18
corrected within the applicable period, corrective action is instituted by the Company within the
applicable period and is being diligently pursued.
(b) The dissolution or liquidation of the Company; or the filing by the
Company of a voluntary petition in bankruptcy; or the entry of an order for relief under Title 11
of the United States Code, as the same may from time to time be hereafter amended, against the
Company; or the filing of a petition or answer proposing the entry of an order for relief against
the Company under Title I 1 of the United States Code, as the same may from time to time be
hereafter amended, or proposing the reorganization, arrangement or debt readjustment of the
Company under any present of future federal bankruptcy act or any similar federal or state law in
any court and the failure of said petition or answer to be discharged or denied. within 90 days
after the filing thereof; or the appointment of a custodian (including without limitation a receiver,
trustee or liquidator of the Company) of all or a substantial part of the property of the Company,
and the failure of such a custodian to be discharged within 90 days after such appointment; or the
taking by such a custodian of possession of the Company or a substantial part of its property, and
the failure of such taking to be discharged within 90 days after such taking; or the Company's
consent to or acquiescence in such appointment or taking; or assignment by the Company for the
benefit of its creditors; or the entry by the Company into an Agreement of composition with its
creditors. The term "dissolution or liquidation of the Company," as used in this subsection, shall
not be construed to include the cessation of the corporate existence of the Company resulting
fiom a merger or consolidation of the Company into or with another corporation or a dissolution
or liquidation of the Company following a transfer of all or substantially all of its assets, under
the conditions permitting such actions contained in Section 7.2 hereof.
The foregoing provisions of Section 11.1(a) are subject to the following limitations: if by
reason of events wholly beyond the Company's control the Company is unable in whole or in
part to carry out its agreements on its part herein contained, other than the obligations on the part
of the Company or to make payments required hereunder, the Company shall not be deemed in
default during the continuance of such inability. The Company agrees, however, to remedy with
all reasonable dispatch the cause or causes preventing the Company from carrying out its
agreements; provided that the settlement of strikes, lockouts and other disturbances shall be
entirely within the discretion of the Company and the Company shall not be required to make
settlement of strikes, lockouts and other disturbances by acceding to the demands of the opposing
party or parties when such course is in the sole judgment of the Company unfavorable to the
Company.
Section 11.2 Remedies on Default. Whenever any event of default referred to in
Section 11.1 hereof shall have happened and be continuing, the City, shall have the right, at the
City's election, then or at any time thereafter, to exercise any one or more of the following
remedies:
(a) The City may terminate this Lease, effective at such time as may be
specified by written notice to the Company, and demand (and, if such demand is refused,
recover) possession of the Ground from the Company. In the event of such demand, the City
shall seek an appraisal of the Property (less any property or Facilities which the Company
intends to remove pursuant to Section 8.6 hereof and about which the Company notices the City)
from a qualified and independent third party appraiser and shall pay the Company the percentage
{370293;3} 19
of the appraised value equal to the Company's percentage of ownership of the Property, as
adjusted for improvements to the Property pursuant to Section 5.12, within thirty (30) days after
the City's possession of the Property. In addition, the City shall, by notice in writing to the
Company upon the occurrence and continuation of an event of default described in subsection (a)
or (b) of Section 11.1 hereof, declare all Ground /Facility Rentals payable under this Lease to be
due and payable immediately;
(b) Without termination of the Lease, the City may reenter and take
possession of the Ground or Facilities or any part thereof, without demand or notice, and
repossess the same and expel the Company and any party claiming by, under or through the
Company, and remove the effects of both using such force for such purposes as may be
necessary, without being liable for prosecution on account thereof or being deemed guilty of any
manner of trespass, and without prejudice to any remedies for arrears of rent or right to bring any
proceeding for breach of covenants or conditions. In the event of such reentry and possession,
the City shall seek an appraisal of the Property (less any property of Facilities which the
Company intends to remove pursuant to Section 8.6 hereof and about which the Company
notices the City) from a qualified and independent third party appraiser and shall pay the
Company the percentage of the appraised value equal to the Company's percentage of ownership
of the Property, as adjusted for improvements to the Property pursuant to ,Section 5.12, within
thirty (30) days after the City's possession of the Property. No such reentry or taking possession
of the by the City shall be construed as an election by the City to terminate this Lease unless a
written notice of such intention is given to the Company. No notice from the City hereunder or
under a forcible entry and detainer statute or similar law shall constitute an election by the City
to terminate this Lease unless such notice specifically so states. The City reserves the right,
following any reentry or reletting, to exercise its right to terminate this Lease by giving the
Company such written notice, in which event this Lease will terminate as specified in said
notice; and
(c) Without reentry or possession of the Property, the City may take whatever
action at law or in equity may appear necessary or desirable to collect the payments and other
amounts then due and thereafter to become due hereunder or to enforce performance and
observance of any obligation, agreement or covenant of the Company under this Lease.
Section l 1.3 Company Remedies. In the event of any default of this Lease by the City
which shall not have been cured within sixty (60) days after the City shall have received notice
of such default (provided, however, if such default cannot be cured within such sixty (60) day
period, then such sixty (60) day period shall be extended for a period reasonably sufficient to
allow the City to cure such default, if within such initial sixty (60) day period the City shall have
commenced to cure such default and shall thereafter continue its efforts with due diligence),
then, at the Company's option and without limiting the Company in the exercise of any other
rights or remedies which the Company may have at law or in equity by reason of such default,
the Company, with or without notice or demand may seek monetary damages or pursue any other
remedy available at law or in equity resulting from such default by the City and if the Company
obtains a final and non - appealable judgment against the City awarding the Company monetary
damages and the City fails to pay such judgment in full within ten (10) days after such judgment
is issued, the Company may deduct the amount thereof from the next accruing installments of
rent or any other amount due hereunder.
{370293;3} 20
Section 11.4 Agreement to Pay Fees and Expenses to Counsel. In the event the either
party should default under any of the provisions of this Lease and the other party should employ
Counsel or incur other expenses for the collection of the amounts due hereunder or the
enforcement or performance or observance of any obligation or agreement herein contained,
each party agrees that it will on demand therefore pay to the prevailing party, or, if so directed by
the prevailing party, to the Counsel for the prevailing party, the reasonable fees of such Counsel
and such other expenses so incurred by or on behalf of the prevailing party.
Section 11.5 No Additional Waiver implied by One Waiver- Consents to Waivers. In
the event any agreement contained in this Lease should be breached by either party and thereafter
waived by the other party, such waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other breach hereunder. No waiver shall be effective unless it
is in writing and signed by the party making the waiver.
Section 12.1 No Personal Liability. No Councilmember, manager, officer, employee or
other agent of either party shall be personally liable under or in connection with this Lease.
Section 12.2 Release of Liability. The City shall not be liable for, and is hereby
released from, all liability to the Company, to the Company's insurance carrier, or to anyone
claiming under or through the Company for any loss or damage whatsoever to the Property or
effects of the Company resulting from the discharge of water or other substances from pipes,
sprinklers, or conduits, containers or appurtenances thereof or fixtures thereto, or for any damage
resulting from the discharge or failure of electric current, regardless of cause or origin, unless
such damage is caused by the sole negligence of the City. The provisions of this paragraph shall
not be construed as a limitation of the City's rights under this Lease, but are additional to the
rights and exclusions from liability provided in this Lease. In any event, any City obligation
hereunder shall be subject to the limitations and exclusions that typically apply to any liability
insurance policy carried by the City, shall be expressly subject to the restrictions, provisions and
damage limitations contained in the Oklahoma Governmental Tort Claims Act, Section 151, et
seq.,Title 51, Oklahoma Statutes now existing or as such statute may be subsequently amended
or any statute superseding the Act. Nothing contained herein shall be construed to constitute a
waiver by the City of the protection, defenses, and immunities, afforded it under Section 151 et
seq.,Title 51, Oklahoma Statutes now existing or as subsequently amended or any statute
superseding the Act or any other law providing such protection, defense, or immunity. Nothing
in this Lease shall be construed or interpreted to require or provide for indemnification of the
Company by the City for any injury to any person or any property damage whatsoever.
Section 12.3 Third Parties. This Lease does not, and shall not be deemed or construed
to, confer upon or grant to any third party or parties (excepting any successor to the Company or
any parties to whom the Company may sublet or subcontract this Lease in accordance with
Section 7.7 and Section 7.2 hereof), any right to claim damages or to bring any suit, action or
other proceeding against either the City of the Company due to any breach hereof or due to any
of the terms, covenants and conditions herein contained.
(370293;3) 21
Section 12.4 No Limitation on Previous Agreements. It is expressly understood that
except as provided herein the terms and provisions of this Lease shall in no way affect or impair
the terms, obligations or conflict with other agreement conditions of any existing or prior
agreement between the Company and the City.
Section 12.5 Binding Effect. This Lease shall inure to the benefit of and shall be
binding upon the City, the Company and their respective successors and assigns.
Section 12.6 Execution of Counterparts. This Lease may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 12.7 _Amendments, Changes and Modifications. This Lease may be amended in
-writing at any time upon the mutual agreement of the City and the Company.
Section 12.5 Severability. In the event any provision of this Lease shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 129 Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given to the parties required hereunder to receive such
notice, certificate or communication when mailed by registered mail, postage prepaid, addressed
as follows:
If to the City: City of Owasso
Attn: Rodney Ray, City Manager
111 N. Main
Owasso, OIL 74055
Copy to: Ronald D. Cates, City Attorney
111 N. Main
Owasso, OIL 74055
If to the Company: YMCA of Greater Tulsa
2405 East Skelly Drive
Tulsa, Oklahoma 74170 -1620
Attention: President and CEO
Copy to:
The City and the Company may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be
(370293;3) 22
sent.
Section 12. 10 Further Assurances. The Company and the City both agree that they shall,
from time to time, execute and deliver such further instruments and take such further actions as
may be reasonably required to carry out the purposes of this Lease.
Section 12.11 ARplicable Law. This Lease shall be governed exclusively by and
construed in accordance with the laws of the State of Oklahoma.
Section. 12.12 Independent Contractor. In the performance of the Company's obligations
under this Lease, it is understood, acknowledged and agreed between the parties that the
Company is at all times acting and performing as an Independent Contractor, and the City shall
neither have nor exercise any control or direction over the manner and means by which the
Company performs the Company's obligations under this Lease, except as otherwise stated
within this Lease. The Company understands and agrees that the Company and the Company's
employees, agents, servants, or other personnel are not City employees. The Company shall be
solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any
other form of compensation or benefit to the Company or any of the Company's employees,
agents, servants or other personnel performing services or work under this Lease, whether it be of
a direct or indirect nature. Further in that regard, it is expressly understood and agreed that for
such purposes neither the Company nor the Company's employees, agents, servants or other
personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation,
retirement or any other benefits whatsoever.
Section 12.13 Nondiscrimination. The Company, as part of the consideration hereof and
as a covenant running with this Lease, hereby covenants and agrees that:
(a) No person on the grounds or race, creed, color, national origin, sex, age, or
physical handicap shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the sue of said Facilities.
(b) No person on the grounds of race, creed, color, national origin, sex, age, or
physical handicap shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination in the construction of any improvements on, over, or under the
Facilities and the furnishing of services thereon.
(c) The Company agrees that it shall insert the provisions of this subsection
12.13(c), inclusive, in any lease or other agreement by which it grants a right or privilege to any
person, firm, or corporation to render accommodations and /or services to the public on the
Facilities.
(d) The Company shall furnish its accommodations and /or services on a fair,
equal, and not unjustly discriminatory basis to all users thereof, and it shall charge fair,
reasonable, and not unjustly discriminatory prices for each unit or service. The Company may be
allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of
price reductions. Noncompliance with this Section 12.14(d) shall constitute a material breach
hereof. In the event of such noncompliance, the City shall have the right to judicially enforce
such provision.
f370293;31 23
Section 12.14 Energy Conservation. Intentionally Left Blank
Section 12.15 Partnership or Joint Venturer Disclaimer. It is mutually understood that
nothing in this Lease is intended or shall be construed as in any way creating or establishing the
relationship of partners or joint venturers between the parties hereto, or as constituting the
Company as an agent or representative of the City for any purpose or in any matter whatsoever.
Section 12.16 Appropriation of Funds. In accordance with the laws of the State of
Oklahoma, performance of the City's obligations under this Agreement is expressly subject to
appropriation of funds by the City Council. Further, in the event that funds are not appropriated in
whole or in part sufficient for performance of the City's obligations under this Agreement, or
appropriated funds may not be expendcd due to constitutional, statutory and charter spending
limitations, then the City may terminate this Agreement without compensation to the Company.
Section 12.17 Estoppel Certificates. The City and the Company agree that within fifteen
(15) days after receipt of a written request from either to the other, the party receiving the request
will execute and deliver to the requesting party, or to any prospective purchaser, mortgagee or
assignee of the interest of the requesting party designated by the requesting party, a certificate
certifying (a) that this Lease is unmodified and in full force and effect, or, if modified, stating the
nature of such modification and certifying that this Lease, as so modified, is in full force and
effect, (b) the date to which the rent and other charges hereunder are paid in advance, if any (c)
that to the certifying party's knowledge, as of the date of the certificate, there are no uncured
defaults hereunder on the part of the requesting party, or specifying such defaults, if any as are
claimed by the certifying party, (d) the then- scheduled expiration date of the Term and the
number- and duration of any unexercised, unexpired options to extend the Term, and (e)
certifying or acknowledging any other facts or matters reasonably requested by the requesting
party. Further, the City shall agree to provide to any potential mortgagee prior written notice of
any default hereunder and allow such mortgagee the opportunity to cure such default within a
reasonable time. The certificate may be relied upon by the requesting party or any prospective
purchaser, mortgagee or assignee of the requesting party to whom it is delivered.
IN WITNESS WHEREOF, the City and the Company have caused this Lease to be
executed in their respective corporate names and attested by their duly authorized officers, all as
of the date first above written.
Sherry �i-sh ity Clerk-
CITY OF OWASSO, OKLAHOMA
BY: .�
Susan Kimball, Mayor
{370293;3} 24
YMCA GE GREATER TULSA
Title:
[SEAL]
Atte
Title: _� 1 ® Cs�e� t.
{370293;3) 25
STATE OF OKLAHOMA )
ss:
COUNTY OF TULSA )
The foregoing instrument was aclaiowledged before me this /! day of _ ,..I�J 2004,
by Susan Kimball as Mayor of THE CITY OF OWASSO, OKLAHOMA.
WITNESS any hand and official seal.
I
Notary Public for the State of Oklahoma
[SEAL]
My Commission expires: (1
STATE OF OKLAHOMA )
) ss:
COUNTY OF TULSA )
The fore oing instrument was acknowledged before me this : day of F.: 2004,
by ,�- ' �u �c a a� ` ;�1��� ,&.:, �of YMCA OF GREATER TULSA, an Oklahoma nonprofit
corporation.
WITNESS my hand and official seal.
[SEAL]
My Commission expires
o s-
Notary Public for the State of Oklandma
{370293;3} 26
PLANS AND SPECIFICATIONS FOR CONSTRUCTION
OF FACILITIES
{370293;3} 30
{370293;3} 28
i s �
}f
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal, and
(corporation, partnership or individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto The City of Owasso, PO Box 180, Owasso, OK
74055, and the YMCA OF GREATER TULSA, 2405 East Skelly Drive, Tulsa, OK 74170 ®1620 hereinafter
collectively called OWNER, in the total aggregate penal sum of
Dollars ($ ) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assign, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain
contract with the OWNER, dated the day of a copy of which is
hereto attached and made a part hereof, for the construction of:
( A �t ..
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreement of said contract during the original term thereof,
and any extension thereof which may be granted by the OWNER, with or without notice to the surety, land
AGREEMENT
0504 00300 -Page
Iofl4
if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making
good any default, then this obligation shall be void; otherwise to remain in full force and effect.
NOW THEREFORE, if said PRINCIPAL shall pay or cause to be paid to the OWNER all damage, loss and
expense which may result by reason of defective materials and/or workmanship in connection with said
work, occurring within a period of one (1) year from and after acceptance of said project by the OWNER
and if PRINCIPAL shall pay or cause to be paid all labor and materials, including the prime contractor and
all subcontractors; and if PRINCIPAL shall save and hold the OWNER harmless from all damages, loss
and expense occasioned by or resulting from any failure whatsoever of said PRINCIPAL, then this
obligation shall be null and void, otherwise to be and remain in full force and effect.
PROVIDED, FURTHER, that the SURETY, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to work to be performed
thereunder of the specifications accompanying same shall in any way affect obligation on this bond; and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, upon amendment to the contract not
increasing the contract price more than twenty (20 %) percent, so as to bind the PRINCIPAL and the
SURETY to the full and faithful performance of the contract as so amended. The term "Amendment ",
wherever used in this bond, and whether referring to this bond, the contract or the loan documents shall
include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge
the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only
beneficiary hereunder.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed
an original, this the day of ,
AGREEMENT
0504 00300 -Page
2of14
ATTEST:
(Principal) Secretary
By_______
(SEAL)
(Witness as to Principal)
(Address)
ATTEST:
(Witness as to Surety)
(Address)
(SEAL)
By
1§912
(Address)
(Attorney-in-Fact)
(Address)
NOTE: Date of bond must not be prior to date of contract. If contractor is partnership, all partners
should execute contract.
ruv�kt �' �10 ME
WHEREAS, the undersigned, has entered
into a contract with the City of Owasso, Oklahoma, and/or the YMCA of GREATER TULSA, dated the
- day of , -, designated for otinio including all of the work
mentioned and described in said Contract, and to be performed by the undersigned strictly and punctually
in accordance with the terms, conditions, plans and specifications thereof,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That
M
AGREEMENT
0504
3 of 14
as Principal
00300 -Page
and
of as Surety, are jointly
and severally, firmly held and bound unto OWNER in the sum of
Dollars ($ J lawful money of the
United States of America, same being the approximate cost of the Contract herein referred to, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
adrrEinistrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND is such that the said Principal and Surety herein named do
hereby agree and bind themselves unto and guarantee the OWNER that all work done under said contract,
was constructed to conform with specifications prepared by _
_ and in such a manner that the same shall endure without need
of any repair arising from defective workmanship or materials for a period of one year from and after the
formal acceptance of said project by the OWNER, and that at the expense of said Principal and/or Surety,
all failures occurring and arising from any defect in material or workmanship within said period of one year
shall be promptly repaired, within ten (10) days after notice to said Principal by letter deposited in the
United States mail, addressed to said Principal at
and copied to said Surety; and
it being further agreed that upon the neglect, failure or refusal of the Principal to make any needed repairs
or backfrll upon said project or any work connected therewith within the aforesaid ten (10) day period or
other city negotiated period, that the said Principal and Surety shall jointly and severally be liable to the
OWNER for the costs and expenses of making such repairs or backfrll, or making good such defects or
imperfections.
NOW, THEREFORE, if the said Principal and Surety shall faithfully and securely keep and perform
all of the obligations herein provided to be kept and performed by them, or either of them, then this
obligation shall be null and void and of no force and effect, otherwise to be and remain in full force and
effect at all times.
SIGNED, SEALED AND DELIVERED this day of
ATTEST:
Contractor (Principal)
Title Title
(SEAL) (SEAL)
Surety Attorney -in -Fact
(SEAL)
AGREEMENT
0504 00300 -Page
4of14
(Accompany the bond with u Power ufAttorney)
STATUTORY PAYMENT BOND
KNOW ALL ME N BY TI IE SB PRE SENCS:
IBAT
we, as Principal, and
u corporation organized uodo the laws of
'
as Dorety, are held and firmly bound unto the 8{uLe of Oblubonuu` in the
amount of
($ for the payment of which we boxuby bind omselvoo, our heirm, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Dated
WHEREAS, the said
did on enter into uooztain contract with the City of Owasso, Okbdmnua
and/or the YMCA of GREATERTULSA for u.'.Une of project.
WHERE, this bond io given bocompliance with OKLAHOMA STAlZy7B8 ANNOTATED, 1941, 1ido
61, Socdnuo l and %.uxamended.
NOW, THEREFORE, the conditions of the obligation are such that the proper and prompt completion of
the work buaccordance with the contract and obuD ouaurn that the contractor shall pay all indebtedness
incurred by said contractor, his subcontractors, and all matedalmou for such labor, matodal, rental of
machinery or equipment as are used or consumed in the performance of said contract, then this obligation
shall he void, otherwise 1n remain iu full force and effect.
IN WITNESS WHEREOF, nn have hereunto set our hands and seals the day fizstabove written.
D�
��
00402[61��
US
AGREEMENT
0504 O0]00-Page
5 ofl4
(370293;31 j
Schedule of Values Ci - Df SS(
Exhibit G
Project: Owasso Family YMCA
Architect Selser Schaefer Architects
1350 S. Boulder
Suite 1100
Tulsa, OK 74119
Date: 5/20/05
Contractor: Jim Butler Construction Co., Inc.
11337 E. 60th Place
Tulsa, OK 74146
6pec Section ascription 0 ork riginal-vahue— C ange rders Revased slue ubc-6-n-fir-actorl Supplier
03300 —
Site/Building Concrete - Material
$90,000.00
$0.00
$90,000.00
Rainbow Concrete
04200
Unit Masonry - Reinforcing - Material
$580300
$000
$5,803.00
Hearon Steel
05120. - 05210,05500
Steel - Anchor Bolts/Embed Plates -
Material
$2,200.00
$0.00
$2,200.00
Ross Fabrication
65126, H210, 05500
Steel - Raw Material
$60,347.00
$0.00
$60,347.00
Ross Fabrication
05120,05210,05500
Steel - Joists /Deck - Material
$19,970.00
$0.00
$19,970.00
Ross Fabrication_
07720
Roof Hatch - Material
$525.00
$0.00
$525.00
Murray Womble
08110
Hollow Metal - Material
$7,790.00
$0.00
$7,790.00
Builders Supply
08411,08911
Aluminum Storefront, Glazed Aluminum
Curtain Wall, Misc. Materials - Material
$77,000.00
$0.00
$77,000.00
Advantage Glass
08710
Finish Hardware - Material
$8,097.00
$0.00
$8,097.00
Builders Supply
08800
Glazing - Material
$59,780.00
$0.00
$19,000,00
Advantage Glass
09310, 09625, 09651,
09680
'696ZT_
Ceramic Tile, Resilient Athletic Flooring,
Resilient Tile Flooring, Carpet, Floor
Mat - Material
$55,430.00
$0.00
__$59,780.00
$55,430.00
Aliens Floor Systems
_
Athletic Wood Flooring - Material
$38,756.00
$0.00
$38,756.00
Tri-State Floors
10171
Toilet Partitions - Material
$7,80000
$0.00
$7,800.00
Builders Supply
10200
Louvers - Material
$561.00
$000
$561.00
Dave Maher & Associates
10350
Flagpoles - Material
$698.00
$0.00
$698.00
Specialty Sales
10400
Signage - Material
$4,830.00
$0.00
$4,830.00
Architectural Signs & Graphics
10410
Bulletin Board - Material
$230.00
$0.00
$230.00
Builders Supply
10520
Fire Protection Spec. - Fire
Extinguishers - Material
$1,136.00
$0.00
$1,136.00
Builders Supply
1086-0
Toilet Accessories - Material
$10,973.00
$0.00
$10,973%00
Builders Supply
13122
Metal Building - Material
$43,373.00
$0.00
$43,373.00
Vanguard Builders
Metal Building - Insulation - Material
$32,907.00"
$0.00
$32,907.00
Vanguard Builders
Metal Building - Curved SSR - Material
$21,000.00
$0.00
$21,000.00
Vanguard Builders
13150
Swimming Pool - Material
$261,100.00
$0.00
$261,100.00
Associated Pool Builders
13154
Swimming Pool Tile---Material
$19,000.00
$0.00
$19,000,00
Associated Pool Builders
15010, 15060, 15090,
15140, 15160, 15210,
15250, 15258, 15600,
15617, 15771, 15813,
15820, 15840, 15860,
15870,15900
HVAC - Ductwork - Material
$45,488-00
$0.00
$45,488.00
Air Technology Services
1
Schedule of Values
Project: Owasso Family YMCA
Architect: Selser Schaefer Architects
1350 S. Boulder
Suite 1100
Tulsa, OK 74119
Date: 5/20105
Contractor: .dim Butler Construction Co., Inc.
11337 E. 60th Place
Tulsa, OK 74146
pec ection ®escraption o or ®rigana0 slue Change Or ers ev�sed awe Subcontractor upp ser
HVAC - Grilles /Fans /Accessories -
Material $25,117.00. , . $0.00 $25,117.00 Air Technology Services
15510, 15530
Fire Sprinkler - Underground - Material
$650.00_
$0.00
$650.00
Superior Fire Protection
Fire Sprinkler - inside - Material
$18,905.00
$0.00
$18,905.00
Superior Fire Protection
15010, 15060, 15090,
15100, 15120, 15140,
15160, 15250, 15400,
15450, 15625
Plumbing - Fixtures - Material
$63,885.00
$0.00
$63,885.00
_ AA Electric & Plumbing_
Plumbing - Bedding & Fill - Material
$1,500.00
$0.00
$1,500.00
AA Electric & Plumbing
Plumbing - Pipe Insulation - Material
$4,546.00
$0.00
$4,546.00
AA Electric &_Plumbing
Copper Fin -Tube Pool Heaters -
15625
Material
$10,603.00
$0.00
$10,603.00
UNDETERMINED
TOTALS $1,000,000.00 $0.00 $1,000,000.00
0
Project: Owasso Family YMCA NON-TAXABLE MATERIAL ® VISION 2025
Architect: Selser Schaefer Architects Contractor: Jim Butler Construction Co., Inc.
1350 S. Boulder 11337 E. 60th Place
Suite 1100 Tulsa, OK 74146
Tulsa, OK 74119
"V�n =or ifo," 0 �Nami��
13122 Metal Building - Material $291,745.00 Vanguard Builders Alliance Steel, Inc. Lisa Stewart
-- 3333 S. Council Road 405-745-7500
Oklahoma Citv, OK 73179
15771 HVAC - RTU s --M--aterial $208,255.00 Air Technology Services
Trane�Jon Wilmore
-- —
2201 N. Willow 918-317-3152
Broken Arrow, OK 74012
TOTALS $500,000.00
. . . . . . . . . . ....
This is an Addendum to that certain Lease by and between The City of Owasso,
Oklahoma (the "City "), and the YMCA of Greater Tulsa, an Oklahoma nonprofit corporation
(the "Company "), dated June 15, 2004 (66Lease ").
WHEREAS, by General Warranty Deed dated January 13, 1958, which was thereafter
filed in the office of the Tulsa County Clerk on February 4, 1958, and recorded in Book 2844 at
Page 342, J. Ray Smith and Ola Smith, husband and wife, conveyed to the City certain real
property, which constitutes, in part, the Grounds (as that terror is defined therein) described in the
Lease. The above described General Warranty Deed contains the following reversionary right:
"That said property hereinabove conveyed to the City of Owasso, Oklahoma,
shall be used by the said party grantee as a recreation park for the use and
enjoyment of the general public, and that it shall in no way be used for any other
purpose by said party grantee; that if at any time this property shall cease to be
used for said purposes, then and in that event this property shall revert back to the
grantor, their heirs or assigns.
(hereinafter referred to as the "reversion ")
WHEREAS, by General Warranty Deed dated October- 18, 1960, which was thereafter
filed in the office of the Tulsa County Clerk on December 21, 1960, and recorded in Book 3112
at Page 461, J. ray Smith and Ola Smith, husband and wife, conveyed to the City certain real
property, which constitutes, in part, the Grounds described in the Lease. The above described
General Warranty Deed contains the following restrictive covenant:
"This property is to be used by the City of Owasso for a public park only, and
cannot be deeded or transferred without an expression by vote of the Citizens of
Owasso, Oklahoma. ",
(hereinafter referred to as the "Restriction ").
WHEREAS, in order to effect the Lease and to permit the Company to obtain financing
and to build the Facilities on the Grounds, the City has agreed to protect the Company from any
loss that may be related to the Reversion and Restriction and to further institute eminent domain
proceedings to further ensure such protection.
NOW, THEREFORE, in consideration of the respective representations and agreements
contained in the Lease and herein, the City and the Company hereby agree as follow:
3 F
ARTICLE I
Indemnification and Condemnation
Section 1.1 Indemnification Covenant. The City will pay and will protect, indemnify, and save
the Company, its respective agents, officers, employees, successors and assigns, harmless from
and against any and all liabilities, losses, damages, costs, and expenses (including attorney's
fees, alternative dispute resolution expenses, and fees of the Company), causes of action, suits,
claims, demands, and judgments of whatsoever kind and nature arising out of any claims made in
connection with or related to the Reversion and restriction.
Section 1.2 Condemnation, The City will commence, within thirty (30) days following the
execution of this Addendum, condemnation proceedings respecting the reversion and
Restriction. ha the event that the condemnation proceedings are not resolved in favor of the City,
then the Company may terminate the Lease upon written notice.
Dated this 5 '-6A day of &A 2004.
Sherry Bishoy( /City Clerk
Ronald D. Cates, City Attorney
---- _
07-22-04 j 5 a..r vL (.t ej
Susan Kimball, Mayor
2
1►T1[� .t, ► ,1
CITY OF OWASSO
FROM. ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT. SILVER C RE EIS DRAINAGE IMPROVEMENTS
DATE. December 2, 2005
BACKGROUND
In an effort to resolve drainage issues impacting the "Silver Creek" development area, in .Tune
2005 the City Council approved a Conceptual Development Agreement between the City of
Owasso and Tracy Construction Inc. (developer) for the construction of a detention facility and
drainage system to eliminate areas currently identified as susceptible to flooding. Linder the
provisions of the Agreement, the developer would be responsible for engineering design and
construction of stormwater structures and facilities identified as "on- site ", or located within the
property limits of the newly proposed residential development. These facilities would include the
excavation and grading of a sufficiently large detention pond, pond outlet structure and
associated piping, as well as a structure to convey the previously undetained flow from the
Nottingham subdivision, to address existing and future drainage needs of the entire Silver Creek
development area.
The intent of the Conceptual Development Agreement was to define the level of participation of
the two parties and act as a contract until a final development agreement could be approved. A
final agreement could not be executed until final design and public bidding of the project was
completed.
SOLICITATIOtN OF BIDS:
Final design drawings were submitted to the City of Owasso for approval in October 2005.
Notice to Bidders was published in the Owasso Reporter on October 18, 2005. Addendum No. 1
to this bid package, based on City review and comments, was issued on November 7, 2005.
Silver Creek Drainage Improvements
Development Agreement
Page 2 of 3
Five bids were received and opened at 2:00 PM CDT on November 10, 2005 as summarized
below:
It is worth noting that per the Conceptual Agreement, the City's responsibility is limited to
$600,000 for the construction of all on -site improvements and property as compensation. Sums
noted under the " City's Responsibility" represent costs provided for the construction of facilities
and acquisition of property identified as necessary to remediate deficiencies in the existing
drainage system owned by the City of Owasso. In other words, in the absence of the Conceptual
Agreement, the City's financial obligation to Tracy Construction, Inc. for any of the bids
submitted would have been greater than the previously agreed to sum of $600,000.
DEVELOPMENT AGREEMENT:
Similar to the previously executed conceptual agreement, the recommended Development
Agreement (see Attachment B) sets compensation at $600,000 for the purchase of property and
"on -site" facilitates. Additional provisions of the Agreement include:
— Compliance with all statutory and charter bidding requirements;
— Submittal of progress payment requests based on a schedule of value mutually
approved;
— Purchase of materials by the City to be used for "remediation" purposes in the
project;
— Acceptance of a "five and five" foot side yard for new development.
The City Attorney has reviewed this Agreement and found it acceptable.
►1 ► ,
Funding for this project in the amount of $400,000 is included in the FY 2005 -2006 Stormwater
Division Capital Outlay Budget (line item 01- 370 - 54230) and in the amount of $750,000 in the
Capital Improvements Fund.
All Items
City`s Responsibility
Yocham Enterprises
$ 771,980.00
$ 656;605.00
Cherokee Construction
$ 788,56 r.w flfl
$ 684,43'.00
Ira Green Construction
$ 1,017, 740.00
$ 863,365.00
W.N. Couch, Ine.
$ 1,173,169.00
$ 990,657.00
Engineer's Estimate
$ 590,000.00
It is worth noting that per the Conceptual Agreement, the City's responsibility is limited to
$600,000 for the construction of all on -site improvements and property as compensation. Sums
noted under the " City's Responsibility" represent costs provided for the construction of facilities
and acquisition of property identified as necessary to remediate deficiencies in the existing
drainage system owned by the City of Owasso. In other words, in the absence of the Conceptual
Agreement, the City's financial obligation to Tracy Construction, Inc. for any of the bids
submitted would have been greater than the previously agreed to sum of $600,000.
DEVELOPMENT AGREEMENT:
Similar to the previously executed conceptual agreement, the recommended Development
Agreement (see Attachment B) sets compensation at $600,000 for the purchase of property and
"on -site" facilitates. Additional provisions of the Agreement include:
— Compliance with all statutory and charter bidding requirements;
— Submittal of progress payment requests based on a schedule of value mutually
approved;
— Purchase of materials by the City to be used for "remediation" purposes in the
project;
— Acceptance of a "five and five" foot side yard for new development.
The City Attorney has reviewed this Agreement and found it acceptable.
►1 ► ,
Funding for this project in the amount of $400,000 is included in the FY 2005 -2006 Stormwater
Division Capital Outlay Budget (line item 01- 370 - 54230) and in the amount of $750,000 in the
Capital Improvements Fund.
Silver Creek Drainage Improvements
Development Agreement
Page 3 of 3
RECOMMENDATION.
Staff recommends Council approval of the Development Agreement with Tracy Construction,
Inc. in the amount of $600,000 and authorization of the City Manager to execute such
Agreement.
ATTACHMENTS
A. Development Agreement
Mu
This Development Agreement ( "Agreement ") is made and entered into effective as of
December 6, 2005 by and between the CITY OF OWASSO ( "City ") and TRACY
CONSTRUCTION, INCORPORATED, an Oklahoma Corporation ( "Tracy ")
I _
Ao Tracy owns property consisting of approximately 48 acres located generally north and
west of the intersection of North 145th East Avenue and East 86th Street North.
e The City desires to construct certain improvements to its drainage and storinwater
facilities and to construct additional detention facilities for stormwater on the
property described in Recital A (above).
Co Tracy agrees to provide the property needed to accommodate the planned detention
facility, construct the on -site improvements for such as designed by Kellogg
Engineering, Inc. (Exhibit A) and approved by the City's engineer, such construction
completed in a timely manner consistent with accepted standards.
D. Tracy agrees to award a contract for such improvements in strict compliance with all
statutory and charter bidding requirements and provide review of such compliance to
City officials as designated by the City Manager.
E. City agrees to pay Tracy the amount of $600,000 for the construction of such
improvements and property as compensation. Such payment to be made based on
documented progress of project completed on a monthly basis and on a schedule of
values mutually approved. Additionally, a ten (10) percent retainage shall be held by
the City as surety for completion of the project as designed.
F. The City staff will recommend to the appropriate Boards and Commissions, as well as
the City Council, the acceptance of a "five and five" foot side yard for all lots in the
proposed Silver Creek VI subdivision.
G. The City agrees to purchase all materials used for "remediation" purposes in the
project. The cost of such purchases shall be calculated and DEDUCTED from the
lump sum amount shown in Recital E (above). It is understood that this section of the
agreement does not extend to the purchase of any materials to be used for
improvements not a part of the identified on -site mediation only projects.
H. Tracy shall provide, at Tracy's expense, the required performanee and maintenance
bonds from its contractors and subcontractors, provided however, no bonding
requirements are attached to the carthwork associated with the excavating and /or
grading portion of the project.
IIN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective on
the ___ day of December, 2005.
" Tj'y ACY55
Tracy Construction, Incorporated
By:
"CITY"
CITY of Owasso, Oklahoma
M
Attest:
Sherry Bishop, City Clerk
Rodney J Ray, City Manager
.,
. v
• Lg
r T
cE t S 5
R lA L
96Tn
�J s
( N
r 5[1 r ox•% ri.
TULSA COLNTt
LOCATION MAP
SCALE t =2000'
BENCHMARK:
.u•.� � ere. l,.w �s, :, i
I I �
I
L ��J
SITE MAP
N 1 S
OWNER /DEV,LOPER.
TRACY CONSTRUCTION INC.
2703 S 80 7'H E. AVE
TULSA. OR 7412.9 -2703
(918) 665 -0505
ENGINEER
KELLOGG ENGINEERING, INC.
CIVI/, ENGINEERS
6755 S. 4060 RD
TA LA LA. OKLAHOMA 74080
(918) 275 -4080
CA 2788
EXP LATE 06/30/07
SURVEYOR
BENCHMARK SURVEYING, INC.
302 B E 5TH AVENUE
OWASSO, OKLAHOMA 74055
(978) 27.1 -9087
CA 2235
EXP DATE, 06/30/07
aJ�"w PROFESSIONAL ENGINEER STATEMENT.
rc�ac r
..2�11 E Ef C C E n�x5
Ur O i1 r..
-T [ uv— t x cR nr On 1x0 .c, C� ! nD.W 0 C Dr OnT550 %D
TABLE OF CONTENTS
t. COVER STILE?
%. BID ITEMS
.t. GRACING PLAN
CHANNEL PLAN AND PROFILE
5. DETENTION PIPE P!AN AND PROFILE
6. SWPPP
7. STORM DRAIN DETAILS
Rev /SEDI1 /07/05
FILENAME' /1093 -001 /COVER
DESCR1Pl10ry
I SIOFM C__11 w I'D IO alt0
/ RIP FLAP £ w 1I
3 j s4- RC s o I." Y/ n.OwAU _ � nss PRIER A , srROCru / P Rnb- iF --
_... ._._
ExcARa o
_. /o, SD +L. slot Nu RcPLACE
Ef inc D I
s ow F 1n_fR O
EROSION COITCOL -
uP suM
RinSED 5I/C4 /OS w+0
Z 1. N0. r: STORM C .11 w/ BY, .1 axD IOC .11, MF CONTRA[ DR -1 BE RESPo_II FOR NRNSH"L all I�BOR. 11. .1 ID-1111 xECESSIFv
FDR INSAAII.. B;£ c10RM Cw"NEL AS 5x01rca ON INE CONSIFUCYION PUNS AND IN ACCROCLE WIIN .11 LOUSIRUC110N,NC
OCla"I CC SP£CIrICADJNS. Y L COVER All AND 11 ITEI NECCSSC/ r0 CENa DIE -11 a.S PER MC -1 axD SPECIFIC•TIONS .1 OJ
N RARE A "''RATE PAY'TZ' IDS "AT H TE' Irt C0`DR BUY IS NOT UMIIEJ r0 ME SYCRM CNANI RIP RM EOE BILLS. ENPNn'EION dDRIS. CIYROL JO:NT,
5LED ACM', AN0 ANY OMCR NEU NOi Cv[R[p Rr A SPECIFIC var R(u. ALL vMFx -1 Cpnfpxu ID .1 Of CARASSA I-I All SPCCIFICTICIEL, I 111 RCM
HALL "[LADE ALL -1 -1 PIP( "N'TURIC. U IFCNC'x -1 EUBEpufA' .."DELL Sftiti BCRFI1 S 1., [OVMMCxi, SURVEY 1 CONCR(TE. DE M
NSIRA On E5. RI a . PAIR[ SI1ERA,. R SLLEUC RATERULS. Pwxc SUBS OJALITY CONTROL IND Art OILS R ELIIS 01 PCRn' REONIRED 10 CLUNIEFE R
RIOR.T Sluts BE MA11 O.+' Irv1 .1 Or PRICE ILI PCF INN R -1. IOMPLEIE IN PUCE'
PAT II(M No 11. re("roRIED CONCRETE R. CJLYR! w/ TOE x'r1t5: MC CONTRACTOR STILL BE RCSPONSIBLC FOR FURRSDIS ALL LABOR. wlfx ' AND
EJUIP , x(C(S.1 FO1 Iu5r0.�1xL DE�In'SY` L:NC IOxa' REINFORCED CDICRELY BDx CUI 1 .. "1 -11 a5 Ell. ON M( CONSIFUCnON PIaNS aN0 In'
ACCULD" W - AND SPfC1fIGnONO. K Or 0.550 DEALS A. SP,CIFlGR0x0. !
IM T Rr CONS Rv DON 1 . @ II C' SHALL D
w[ OFFO L D IS COUPtETPE u+STAtrAlloxIRMCB t55rfrv. EMBEOM,MI. COUVaCTEO SELECT eI[rcF�RMOOOrCCCFEG2 BASE 00NCB[T,. B,pnR Axo nu OMFi "..u5 OR
PA 11-1 BE UNC OM MC .11, Or PRICE I'D PER 1.11 IJOT CJMPCETE IN PUCE
PAY P W/ FF Exv I 0_1 CSSIPAICR III WLCT STRUCTURE n'/ RIP RAP MC [ONrnnClOR A.,, BC RESPONSIBLE OR FuRwSwML ALL I-
M4!(RUNSnary vIPM(x! N,C(SSaRV %OR In'STAµ1NC No" "CUP w/ IL, ENERGY DOETYPEATE1:.0 :LICE STRCCICR. AS SxOVtt, ON IHE CONSTRUCDON PUNS AN0 IN
'COROaNCE w CONSTRVCIION INC. BEIalS ANA OR( L..... "I. n ODFOBM Io CCV OF O.,BE SE., aN0 SPrCIFIGDJNS. MS I'll INA:L
CIUOC It N,I�L(S..11 PIPE, IRENCwx1. 1-1 'LED. EMREOMENI. COMPA1111 CtECiI BACDFILI. CESCREIE -1 F6 PM CRAIRLY ALSO 11, Cl ATE 1.1 Cl -1
REOV , IO EDMP _ "C", .11.
PAIRIII Sxatt BE •ATE ON DIE BARS OF - Do - 1-1 .11 le, 11 PIA[£
v RCM N0. 4: 1`_D. IFE CEIBN,- -11 uF FESC OnSNeLL: IOh ! Lfi xxe ALI UBOR uAT FERNS AID COUIPMMI NI CES-1 FOR LLL +RING aNp CONEAr NC,
C"S roxTO, CANSIFNC1iNL BUILNNC PaCO. RMT wORn AND LR4D:rvG AB SI,owN I, NEIr1CSCOxSIBUCIIDN PUNS Ar+O " aC;.URbNC( nvix ,RACv
ON xC XTAILS AND SPEC1IlBn1bNS ALL APOR STALL CONDERM r0 Clry OF OBRIES �F 1 AND SELF IFiCAIIONS MS ITEM SHA(I "CLSOC att ICCISS;Rv
1L. $P(CW COVIPM(NI, "It, ronrROL. cMfRAt Y,R(Y PRfCnCDONS K CONTRGI ECUUZCD SUPrR'✓SIOx AnJ ru I- BEMS OR wORn
REOC "LD r1D1C0uPLCi( 1xSYaLADCn'.
PA 11H BF ANT ON MC .11 of PRICE B'D PER C v+FC. Ell", IN PAL(
PAY NrL£SARV rORSPClO- RPrpvu. SIA. RETNI. REPO CEBII .5[5x0 CONTRACTOR ONx 111 BE 11ol 51IS rD1 11 IccolN� C LIBOR I ITERSTRIS Ill N'IIxC!OLinl:s 10
ALL Rx S Ol UDOxs. SPECU, E,oRU£NI,
O.,a ", -D" Y"""t FUEL' D"C"YIONS,CLRCCU' Cx RS, NMA`C CONEROI INE 11 01n R RCMS OR loon SCOURED 10 COMPLETE LiNSIALADON
PAYUCNI .STALL RE MADE ON rxE -11 DF PMC'f BIO Ir I- 'ARC COMPLETE w PACE
r ITEM NO C IOB NU ANC '1111EF 1 OR 1-1 BE R£SPCADR E TOR ICRx,Sx "O ALL LABOR, w 1. COUI IT NCCESSaar 1. SE .. .1.
5 i
IS D'Owx ON ELE CONSTRUED) N PASS IND INRAC'COROU+CC MN TRACY CONEBY ECEN INE. DRALLS 110 SP(prlCr�,YIDn'S. a FN SHALE ED,ERM rD CM Cr
0 ILL_ "I SPECITI[4DETE. ! 5 1111 -L IIIISIL ALL MCCS- SCCO ItIlLZCR. CuPMCNE. SCECULN (OU;PM(N1� L(N(lut StFE,, PFEAUBOn'S.
,LAI11Y COL-L All ALL OMER Ile. OR .. x!'BUIRfO 1D CO 111 ENS ITEM
PAYM£NE 51-L BC MAD[ ON ME BASIS Or PRICE PCR ACrs. COMP,FO " PACE
RBIIZ(N. No CxIR:C10N 1.11 BE FESPONSIBLE DER FURL" 11 LABOR, Mn1C 1, "1 oll "IFxI NfCE _1 FDR Mf In .1.11DN
SCO nSMSHOw, ON ML CONSrFUCDpN PANS .w1 Iry ACC0.Pb".E AIM " " CNSYHUCTION WC " "LO A" SPEC,FIABCN,. C L LONRnFM TO Cxr Of
SP([1F1fal'- MIS BEM S.,I INCLUDC All 111111 1 SEC. FERnLIZCF. CUIPM 1 1-11 EOUIPMCNi, CMER..t SaF[ry PRfUVI10xS. 1.",
CONIROLO I ILL MER B OR .. RISITIEB ID CDMPLEIF Bus prnl
RADURNI I'll Br MATE ON ME BASIS Or PR;C( PER SOUARF. fCl, CUSIR E IN PLACE
PIT L BC FfSPOLSAP.£ TOR I'URm011INL a!t ABOF. MAIFRUVS a uPMEN] nECTSStr TOR il1E INSYNATION ILL
IIISroI CONIROLCII DIOES A' SEDAN ON M( COxSiRUCDON PLwS All W 1CCP�N 1 mM 1.11 CONSIFUCBON IC NOETULS ADE SPC[I 111, . st Fx SNatt
M O CIry Dr Owa000 Dfi " AND SEECIrIGTIONS Ix10 1 E.M IN," .,,I BE All NECESSNPV YF£NCF"c. MENCB SAFETY, CO'.rPACEEO S(IECT BACRRILI, ED, YC
HLOCxOmc nU1.1 OC!(CrCLE GP( AND ALL CC- HEMS OR w R,CUIREC l0 COMPIrD ,NSTIADOLl All ALL OMER IT15 OR "OFF NECCSSARI TO CODNET(
F5 n -M
PATIENr SHALT. BE MaDC ON DIF DISIS Or PRCE PFR IINR Sol. COMRY(Tr " PULE
DIC P 11. SHA1LSBEaoAll NAC w ME PRCC BITE I. ITOVLI(AONIJN ",I "I 1-1 11 101 IT All LABOR, MAIERUL AND (OUIPMENY RLBUIR(B 10 MOBILIIC .1,
Co. 1RVC11(IN "It "L 0 SEPARATE .."T Inµ B:' or TOR CONSIRUCDON sTU.'"c. LL BE SDU'EO Br OID,C P,W TO M
111SIRS"O CDNIRACTOR S"0.I. rax( " N(LCSSAMY PRECIIIIOHS 10 PRY1111 ESPALCOAll 1.111110.1 SIARINC But BE MC TI 1.1 R£SPONERILIhCOSU( Or
DN11DII, Cf ME COn'IRCIOR. c 1. r0
CONTRACTOR
SCRIIIIII O "EPARaFnchln'AIAYaOroLueuSF YN!C PaNT Or�NC CNTRARnuS[NLWELR InLL CfR¢T roNnuGYCR IN aRIgS Dr 11-1 Ill wIEL LFEOVIRC vl
JOCUMENn,nON I��qA M. I£SYIrvG RanLln 1x IS Fro�SEUENT Arts e( "OLCJ.J w MC PF1LF. FOR ,NE RESPECnvC Pav Treot
xC 5EPn5aIE PnrMFxr wLLt BE UAOC r0 CRIPLICIOR rOR all SUPERITIBN R(SPOPEOPUDES CITRACERT wltt B( RESPONSIBLE to .NCV£ Ar, ECNERIENCEO
All COUPOxfxt SAMR"TMp[N1 ON ME .10B "IE AI All n.1
RYTO CoTCIIRC NO 5(PABa1E PNYMENI ILL BC MCC FOR Rot R£NCx"c, REMO,aL. OR DFF ME Elt or ALL LABOR M41(RAL. AND EOCANNE O RFCIREB TO
R R- RECI SHAT BE MCLUETO " !FE PRICY ON PER STORM DUw
All F I I OI TRAM'S l:rt- FM .1 OF rvn Ill v1E BU( IS DER .,
CIU(NiS�� I1IC LIN11CnR rEf Dr STORM SfUro LINE TnA '�xISRPRVEC /11101 -1 SOLD ON Ill TOR11DN/, ITAC, C UASUREO BY 51W.0 PROVroFO BY
L WLINC(RWf CAR IRIS PRC_ TIE 0111 DI al: A. -OR. MAl,RU,. AND ECT -ENT TO SCATERSAIC TOR All FXTYLY FOCrALE Due t0 {LRY1fFl avGNUENi
SLYLL BE WCLUDCD " !LSE PRICE B4O EJR STORM .Irw R
CLEAN-UP: NO ECPAPID PAVMCx' -1 Be -SE 1. CI.CAN -UP S COSTS 1 BF "u.10EO IN PRICE DO TOR 11-1 CNnxNCt.
RCPAOxe( E12ESV CRD-1 Ali ', PA-1 RYLLI 1,'
rREALL.1BSURE CESS SPE BACnKL`IRAT FMDo.1, OONOBIIR III�I M1S.REOViRRD av ME CONE TRUCIIONSPUNS,
En Al D SP[CIE M.aDDN.. FO wCx TNERr IS x S EDDC DO ISM w DIE PRDPOSP S x CO r S AND OixER,NCIOENO, BURL Sr Alt BE A,LoJCp " M(
BI rcE FDR I- BxANNn a W
RENG+ -1 10 SEPaRA1( RA-1 1.1 BE MAO£ COB IBENCB DO111,. Ins CUSI -L aE 1xC ^wCiA m MC vrvB PR1c( BID Tore BATES UNC ME CON.[.,
ENALi BE RESPONABL( RELY NRNSIANL ALL BELIEVE, 1BOR. MAIERACT ABE (OUIPMENr NEC LICARY TO PROUrDE A YRENCII SAYFn SYSTEM TIIA! UEEYS OS,uS ATESI
RCOUIR(MMIS All, I-SL00
SPC tt '1 .1 NO PW11 1 - BE SALR FOR All Ex R Ill— CCRUED 11 ill CONTRCIDF O -,I C05I x. If
m`O 0 IN 1,,r CM .1 T..
- AYUCNr In,l HC uaC1 FGR aS -DI S "I Co"FINCBOR S BL RESro ECIOr FOR SUBMIRINC a Co SET Or AS-D,..LTS C)NSIRUCIYJx
PANS to ME ENC"(EFr
BEBB "c All WI:xnIL MAICRUIS ND S A11,E P1YMf11 But BL 1ACr Ron' De"INL ALSO &chllLt Ma D.- H1_ CBSI Sluts B' "'I- IN ANTI "" BID FpR
SICRM
RTIC
n �HC R CONTRACT OOCUARE, BA C ;D CS LDI� ,,-
IS "AIDE DUrarvD /OR REv sE r iJLLOBNC A O [RV 61D 5 xx O c nJ✓ M niLSPn C ROnDCp BCLpn1nD
W r Dv
IIEU NOI R C1. HL 1x11 Or M COLIVICl C�.uMlxl L Iru T FRII. IS Wc(JOE THE .J.LCV
ADDIDOrvAL SPEC IICFIITNS. CNBONN. EOU1PMEx1. All OR AODRIDNALB1 -1 Of vNRx HC
IxJ.z. RMSCD OFCWO PAN. u It"Ill OF RFC eCn'SRRUCIICM Pur+S eN0 MC COm1RACY DCLD Is HCRBr R:¢SfD IS I-Sor mC TOtt OW:nL.
DERNAL sPrcvlcanons, Appmaw;L iamPMrmY, AND OR ANCII -1 ITEMS Or "pax
-1 11 x0.1: RI N AS OCIAILC.
ExxIBII NBC:
___I PA.N n5 D "IU1 ED.
.wRrL 'a AND SPArro DETAILS ILI 5 0E DIE CJNSFYSELON PANS ANC 11, cONTRACI pC.,m,BIS IS FE aEBV REV5CJ m "aaoe
IT I J'-NE alpmONaL SP.OIDDRODU .. aDDIDDML ComPMERF, AND DB aDIImNA: ITEMS Or wpRX
_ BIT NC .<. CxANBCE 'a PICIIIE : IC e RCB 1. u' /.LLS. S.J. Sr B5. Sn.v. rt
ExxIT 1 NO.S: RED 4' SCCIIOnX 11.1 ROB -I 'a
Coll. NOB A
Y 1 1'.
EXN:B11..1 ry SIORnI RAW 1. DETAIL
JwBR - 111. ROC -1 C£YAIL
MC FOLLO -C: apOBNNASPfWFRABONSonpRCUAPI - PM(NiI ACNE OR AOOIDONALVT,EMS OF'xO 1 NL cJ.vRC.r O,..L AFNIS IS nfR,Cr BM.,,, TO Avct v.,,
IIIIIS, NO.. OX+ 1. 11-1CO.Irat
D,M NT .5. STORM CRAW 111E 1 ANC REAI(B OfraLE: 1E
CxxlBp xOC: 54 RCP xACwALt % GICxcY oSAVAIER OGIU(
RCM NOD: E. MARRAL SPECIFICLB BE Or M( CONTRAGr BE-CIi IS lmll -11, To -,IC IB FDLIDA'1C
COVIPMENI, aNp OR AUEAD AI I- OF wORx
-1. 'ua1.1 SP£CIrDIDENTS' DAIEB 1I /Oa /OS PA.1 Ill 1
Irc, NO CO OR AD sPD rILAnNR WOFRHC CONIRACr DJCUUFNI S FC 1 RMSLO 10 "CIAJE MR FOLLLwN... TA.,D�CnAt 1- 111,,nON_ aGOIIIIIII
PL S PR0.1CC1 SP[L ?Yn1ICN5 WICO 1I /pA /p5: PACES -I
ITEM 11E ME
fCNIPMLRIT, PAT BEM IDIIICION IT YHE CONERAII CCUU£NT IS N1FEBr -Ill IO "CE TE DEICOMG.
AND) OR nOBI11pNA[ SPECInAnOxS. AJp:nOU,y
AOOIDCIA, ITEMS OF ADEN.
F(YISEJ PAY P. $PELIFIGTIDNS .,,I rI /04/05 PALES I --
RE _ 61C SCxtOVtE' .,To Ir /04/[5: PALES I -1
` " " " " ° " °`" N' "`" ""� """"' ° "' KELLOGG ENGINEERING, INC. CAMELOT ESTATES
- - WIDE MYIP�N A ,rMmD .N.. '1° ^/
»,�..� c.N1NM rRwAO AI oENxAtwE T.,wa� ,ww AxIIa1 �,.,,° «na.�t .,r11�a M-r wMIn.I, I.o-. z, °A 11THF ,wr D >„ S , p °T'O V O
I.nNssM bvlNUDr w,rcoa,: ".,M R�Ia�1�,Mw. AAIN.M- µ°NroIa1 ulAareAM4It :.a,° B.v nIxl: 4Rno LLS.o SEC. 27, T -27 -N, R-14-E, TULSA COUNTY
CA
°° BENCHMARK SURVEYING, INC. 3yo aq;` PAY ITEMS
_..S"" 616 #L - BYDwI> mR,aDRN a.An,.
oc/NC /Or DN', E. 10 /'i C /O5
\K9J- 001_DCTAILS LILAC 9n5 P SHLET 2
N. 145TH AVE. L
ua
-'B77 lk.
W wl
g
FT
Bw K 6
-T
FF
L7
--------- --
I A,
111�x V-111
.. .......
\ %�� 1
�F
6F
ji
E 12 \ ,
1 �BLLCK I �l � \ Cwn[o6axo I R _'\
gy
o,
rvC ... t
P SE
1EI.11
q:�j —MA I 11L�
AIC 1-1� I
IF
z / FII
IF1111� Fu 5
IF
I'LL, 111.1
Ir"s
J L11'Ir ILI
1-11 - - � I I
-E
'QEV ENGINEERING, IArC. CAMELOT 'ESTATES
TULSA
SEC 21, i 9 COUNTY
BENC1131ARK SURVEYING, INC.
- VbI GRADING PLAN
-CHAN 3
/// � rc
-STREn' 11 z
B111B I
x
BWCK 7,,
m
BLOCK 3
1 11 BLOCK
SWCK I BLOCK I
1Z 1,1;Z1 11.
BENCHMARK:
to
BLOCK 3
ji
CO -1 Iris ,
. . CHANNEL "A
.... "
F—
—K T fir_
SECTION -A
waE
REVISED'. 11//16/05
KELLOGG ENGINEERING, INC.
BENCHAfARK S
U!?VEYING, INC. b7c)
CAMELOT ESTATES
SEC. 21. T-2",—N,, R- 1 I—E, TULSA COUNTY
CHANNEL PLAN & PROFILE
3-001—CHANNEL 4
9 9I I I
SD LINE
660
0
vn v- soli
f
_
ROW
CL-10 o z c ti
6
-D o o
cn
l
`
w COMPACT FILL
�l Cl-z
J 5 V
FO C) ✓> >
-
_ _..... -
ROCTOR DEN S11-
__.
/ ,¢ I
�4o
10� -1'R WSEi - GO
POPOSLD GROUJP AT CEN7tRLINC
I
"Z
INLE
A i, -- L ` OCGT TYPE \
- —m A" AGGREGATE
it V
HDPE @ 0. 15% ' 19.3 L F 54 'I HDPE �� D
NORMAI V ✓Scl b.?6 50 1'S�
I
-- !'
15
-- - -- -- - - -__
50� F 54" CLASS lll�
RCP @ �II D. 15�
VATER TIGHT COLLAR WArE,2 FIGHT COLLAR'
_
ENCASED IN CONCRETE F
� i ENCASED IN CO�VCn
i
I
6.
.3 0
DESIGN DISCHARGE (G), ENGERGY GRADE LINE (EGAL),
`
AND HYDRAULIC CRADC !LINE HGL IJY OTHE, ?�.
o
REFEPCNCI� DESIGN 8" - � '� � T
I��s;�El< AND Asso�IArLs, ��INC. Z�
� CIS
;
�,,.�
I
-�—
0 +00 1 +00 2+00 3 +00 4 +00
u
36"
I
1
i
J4 LONG.
12 " 0. C.
6" THICK WASHED ROCK
WRAPPED W/ FILTER FABRIC
1 -1/2" WASHED ROCK
WEEP HOLES 10' O.C.
a'4 VER1 14 LONG.
1 -1/2" PVC PIPE ��
SAW FLUSH W/ WALL 18" 0 C / �2" O.C.
TYP. EACH SIDE
VLRT
WEEP HOLES 10' O.C.
Ili 1 -1/2" PVC PIPE
�� SAW FLUSH 'W/1 W�
� L.I.
ALL FILL �, iAL� BE PLACED AT i ��� /
75 ° 8" THICK 3500 PSI
EACH � r TYP. EA„H SIDE
r 1 i
.,TC COMPACTION PR/'1')R T� CONSTRUCTION 'A'
OF OTHER FACILITIES. CLASS CONCRETE #4 BARS \
18 >> 0. C. E- W..�__
SECTION A -A -
8' §4 !_ON(, -
/� 12 O C.
1 "X4 KEY,
I I( „AL —) VP, ��
DF 1A IL
T.
a4
N. _;,
3 ARS
2” O. C. E. W.
r-S
,
FLOORS TO BE
SAWCUT ; 5' O.C- SEE SHEET NO 7 FOR DETAIL
Id, :?FINFORCMG STEEL
BARS SHALL BE DEFORMED BARS COLD BENT, NO WELDS PERMITTED.
?ALL
DETAIL
' E.APOSED CONCRETE
SURFACES SHALL HAVE A BRUSHED FINISH.
N S.
NCRETE SHALL BE
3500 PSI CLASS 'A' CONCRETE.
�i�
E,, ,
r_
i I' TE E,
iE
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIREIP CHIEF
SUBJECT- MUTUAL AID AGREEMENT
OKLAHOMA AIR NATIONAL GUARD
DATE: November 30, 204
BACKGROUND,
The Oklahoma Air National Guard Fire Department (OANGFD) has requested the City
of Owasso's consideration for entering into a mutual aid agreement for fire services. The
mutual aid agreement is designed to afford reliable back-up services for both parties in
the event of significant fire, medical, and hazardous materials incidents.
MUTUAL AID AGREEMENTS:
Entering into mutual aid agreements is commonplace today, as the responders from
neighboring organizations arc able to effectively contribute to the successful emergency
response to catastrophic incidents. OANGFD has initiated this request and supplied the
proposed agreement form.
LEGAL CONSIDERATIONS:
The proposed mutual aid agreement allows both parties to request fire fighting equipment
or hazardous materials response and also establishes a chain of command during such an
event. The proposed mutual aid agreement has been reviewed by the City Attorney and
the City Manager. Both have agreed to the content of the mutual aid agreement.
RIEiCOMMENDATION;
Staff recommends Council approval of the mutual aid agreement with the State of
Oklahoma Air National Guard Fire Department and authorization of the Mayor to sign
the agreement.
ATTACHMENTS:
1. Copy of the proposed Mutual Aid agreement
AISSIMM"'IMMAT-M Mae
WITNES SET H TUAT:
WHEREAS, it is feasible and desirable for the parties hereto to enter into a reciprocal
agreement for mutual aid in furnishing fire protection and hazardous materials incident
response for property and personnel for which each party hereto is normally responsible
for providing fire protection and hazardous materials incident response.
NOW, TIAEREFORE, the parties hereto agree that:
(B.) The responding organization shall report to the officer in charge of
the requesting organization at the location to which the equipment is
dispatched, and shall be subject to the orders of that official.
(C.) A responding organization shall be released by the organization when
the services of the responding organization are no longer required or
when the responding organization is needed within the area for which
it normally provides fire protection.
(D.) In the event of a crash of aircraft owned or operated by the United
States or military aircraft or any foreign nation within the area for
which the City normally provides fire protection, the chief of the
OANGFD or his or her representative may assume full command on
arrival at the scene of the crash,
TV, The City may claim reimbursement for the direct expenses and losses that
are additional fire fighting or hazardous materials incident costs above the
normal operating costs incurred while fighting a fire or hazardous
materials incident response under this agreement provided in 44 C.F. R.,
Part 151.
V. Each party waives all claims against every other party, compensation for
any loss, damage, personal injury, or death occurring as a consequence of
the performance of this agreement. This provision does not waive any
right of reimbursement pursuant to paragraph IV above,
VI. All equipment used by the City in carrying out this agreement will, at the
time of such action hereunder, be owned by it and all personnel acting for
the City under this agreement will, at the time of such action, be an
employee of the City.
V WITNESS WHEREOF, this agreement has been executed in multiple copies on t&-
dates set forth
J' •1.
City Clerk
Ram= _1
CITY OF OWASSO, OKLAHOMA
A municipal corporation,
LE
Date:
N
WREN►� f�
The Adjutant General of Oklahoma
Date:
By:
United States Property and Fiscal Officer
For Oklahoma
if
By:
Base Commander, 138' Fighter Ming
Oklahoma Air National Guard
Date:
FROM- JULIANN M. STEVENS
ADMINISTRATIVE
SUBJECT: RESOLUTION NO. 2005 ®20, A RESOLUTION CALLING FOR AN
ELECTION
DATE- NOVEMBER 0 00
BACKGROUND:
Pursuant to the provisions of the Owasso City Charter governing the election of City Council
members, "the Council shall take action by Resolution to call any necessary Ward Elections ". In
2006, such election is required for Wards 1 and 2, each for a three year term. In addition, an
election is required for Ward 4 in order to fill the remaining two years of an unexpired term
vacated by former Councilor Clary Cochran.
The staff has prepared Resolution No. 2005 -20 which, if approved by the City Council, calls for
an election to be conducted for Ward 1, Ward 2, and Ward 4, identifies the process that must be
followed to meet all legal requirements, and allows for proper notification to the Tulsa County
and Rogers County Election Boards. Please note that the purpose of requesting City Council
action at this time is to allow for the required notice to the Tulsa County Election Board, such
requirement set at sixty days prior to the election process.
The filing period for interested candidates is February 6, 7, and 8, 2006. All candidates must file
a Declaration of Candidacy with the Tulsa County Election Board between the hours of 8:00 AM
and 5:00 PM on either of these dates. Only qualified electors who reside within the Ward for at
least six months prior to filing a declaration of candidacy shall be qualified to hold the office of
Council Member for that Ward. All registered voters residing within the city limits of the City of
Owasso may vote in the election.
The primary election is set by the City Charter and will be held on March 7, 2006. Should one of
the candidates not receive the majority of all votes cast for a particular Ward, a general election
will be called. The general election, if necessary, will be held on April 4, 2006. The elected
Councilors will be sworn into office at the May 2, 2006 City Council meeting.
RECOMMENDATION:
Staff recommends Council adopt Resolution No. 2005 -20 calling for an election.
ATTACHMENTS:
1. Resolution No. 2005 -20
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2005 -20
NOTICE OF ELECTIONS AND CERTIFICATION
WHEREAS, a Primary Election shall be held on the 7th day of March 2006 for the
purpose of electing Council Members to the City of Owasso, for wards and terms as
follows:
WARD NO. TERM
1 3 years
2 3 years
4 2 years
WHEREAS, a General Election, if necessary, shall thereafter be held on April d,
2006 to select said Council Member.
WHEREAS, the filing period for interested candidates begins Monday, February 6,
2006 and ends at 5:00 pm on Wednesday, February 8, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA:
1. That a non - partisan Primary Election for City Council Members, as set out, be
held on March 7, 2006.
2. That the General Election thereafter, if necessary, be held on April 4, 2006.
3. Only qualified electors of the City of Owasso who reside in the respective wards
shall be qualified to hold the office of Council Members.
BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa
Country, Oklahoma, hereby certifies to the Tulsa County Election Board that all precincts
in Tulsa County and Rogers County within the city limits of the City of Owasso,
Oklahoma are to be opened.
PASSED AND APPROVED this day of 2005 by the City
Council of the City of Owasso, Oklahoma.
Craig Thoendel, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney
Will'
/
{
1\{}
®1±6 :
�
Please print your narrie if you desire to address the Council on an
agenda item,
nn, a d
Name Agenda I