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Home My WebLink About2004.06.08_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITE' COUNCIL TYPE OF MEETING: Special DATE: June 8, 2004 TIME: 6:00 p.m. PLACE: Owasso City Hall, Lower Level Conference Room I I I N. Main Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, June 4, 2004. r � Juliann M. Stevens, Administrative Assistant AGENDA Call to Order Mayor Kimball 2. Presentation of the Fiscal Year 2002-2003 Audit Crawford & Associates 3. Discussion relating to Community Development Department items Mr. Cuthbertson Mr. Wiles Attachment #3 A. Rezoning (1) B. Final Plat (1) C. Legislative Consortium Owasso City Council June 8, 2004 Page 2 4. Discussion relating to Public Works Items Mr. Carr Attachment #4 A. FY 2004-2005 Street Repair Program 5. Discussion relating to Operational Issues. Mr. Cates Attachment #5 A. Titan Towers Lease Agreement 6. Discussion regarding the proposed YMCA facility. Mr. Ray Mr. Cates 7. City Manager Items Mr. Ray Attachment #7 A. Discussion relating to the YMCA Lease Agreement Attachment A B. Discussion relating to the renting of Old Central to the Owasso Public Schools Attachment E C. Discussion relating to the renovation of the 76"' Street North Fire Station Attachment C D. Discussion relating to a Change Order for the E 86"' Street North Street Improvements Attachment D 11 Ag-da, Coun61 Work S—,— 060804 doc Owasso City Council June 8, 2004 Page 3 E. Discussion relating to Phase 2 of the stormwater drainage improvement project in the Fairways subdivision Attachment E F. Briefing relating to Storinwater Utility Fee Calculation and Implementation of a new fee schedule G. Discussion relating to a Water System Contract Amendment Attachment G H. Discussion relating to Council appointments to the Planning Commission and Board of Adjustment Attachment H I. Discussion relating to Council appointments to the Sales Tax Watchdog Committee Attachment I J. Discussion relating to the status of a proposed hospital Attachment J K. Discussion relating to the FY04-05 Budget Proposal 8. Adjournment H 'Aeendis'Cotmcil Woik Session':060804. doc M, CITY OF OWASSO rl IZAJ Ule .10 IT BACKGROUND The City of Owasso has received a request from Mahar, Tuzzolino, & Cleveland, applicants/owners, for the approval to rezone approximately 0.68 acres of property consisting of the east 165' of Lot 1, Block I of Heritage Addition, located at 9220 N. Garnett Road. The applicants are proposing to rezone the subject property to CG (Commercial General District). A general area map, •property survey and a complete legal description are attached for your information and review. hf<` I �' ". I , " I I � iiiiiiiiiiiiiiii 1,1111110111 11 LOCATION See above and the attached map and legal description. SURROUNDING LAND USE North: Faith Lutheran Church South: Multi -use structures; automotive repair, leasing office.. East: Vacant space recently announced as the developing Smith Farm Marketplace West: Brown School, alternative home SURROUNDING ZONING Notth: AG (Agricultural District) — Tulsa County South: CG (Commercial General District) East: CS (Commercial Shopping District) West: OL (Office Light District) ZONING MSTORY In January, 1994 Lot 1, Block I of Heritage Addition was granted a lot split dividing t property into two parcels. Parcel one (the subject property) consists of the east 16 while parcel two consists of the west 150'. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CG (Commercial General District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property such as retail shopping, bakery, offices and salons. The current structure on the property could support many of the type of uses allowed within the requested zoning district. As the property is currently zoned (OL) only offices or studios are allowable uses in the building. , It is important to note that particular site details such as drainage, streets, and utilities are The subject property is primarily accessed via N. Garnett Road which was recently re - prioritized by the City of Owasso to be widened to a five lane major arterial roadway within the next year and a half to accommodate recent and planned commercial developments in the corridor. Staff has received no phone calls or correspondence in opposition of the request. Letters were mailed to surrounding property owners and a legal advertisement was published in the Owasso Reporter. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. If the Commission approves this application it will then require City Council approval. RECOMMENDATION Staff recommends approval of OZ-04-07, rezoning approximately 0.68 acres, from OL (Office Light District) to CG (Commercial General District). ATTACHMENTS 1. General Area Map. 2. OZ-04-07 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. G 1' CF CWp%'C CATTY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 REZONING APPLICATION y 2, a�su GENERAL LOCATION PRESENT ZONING .RESENT >U PROPOSED ZONING f l' C� PROPOSED 1- ' "'�..'<<< tir. 1 . FtTI licant, what is your interest in this property? ,ent Owner ®Agent for Owner haler ®Other arnev for Owner TION (If by metes and 1 4 > of person to e billed for y y as i kg Address i q , , y� >w attach lat of survey) Phone OW A5S6 , OK- 1 DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I SIGlYATU DAT f SUBMIT"I IS COMPLETE, TRUE AND ACCURATE Please submit the completed application form and application fee along with a Certified 300` Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning be reviewed, Fee Schedule 0- 0°99 acres 75 CW4C4- 4°99 acres 100 5-19.99 acres 150 1 20 + acres 200 pis C, � ." ' .: fJc.a '� i I SUBMITTAL DATE OPC MEETING DATE RECEIPTFEE C - APPROVED f I �111_,�0110RAK]1'3 I'DESIVA! RLA001"WAIM0 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.M. on the 7th day of June, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: THE EAST 165 FEET OF LOT 1 (ONE), BLOCK I (ONE), HERITAGE ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. The property is further described as 9220 N. Gamett Road, Owasso, OK. To be considered is a rezoning from. OL (Office -Light District) to CG (Commercial General District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recominendation of the Planning Cominission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said infori-naLion to be available from the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 11 I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543 Dated at Owasso, Oklahoma, this 10"' day of May, 2004.. Duane Cuthbertson City Planner CIV ofill"I", Department of Commun�y Development i Gl 4 Uf O"A'A$� 111 North Main `'°< . (918) 376.1540 PO Box 180 5 FAX (918) 376,1597 Owasso, OK 74055*-,'* Inspections: 376.1542 www.cityofowasso.com Fs NOTICEi PROPERTY OWNER OZ-04-07 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Old Central Bldg., 109 North Birch, Owasso, Oklahoma at 7:00 PM on the 7t" day of June, 2004. At that time and place, the Owasso Planning Commission will consider a request from Patrick Mahar, owner, for a proposed change of the zoning classification from OL (Office Light District) to CG (Commercial General District). The subject property is located 9220 N. Garnett Road, Owasso, OIL. The property is described as: THE EAST 165 FEET OF • ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE REC01"DEA PL4.T. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OIL 74055, These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 10th day of May, 2004. _ Sincerely, Duane Cuth'bertson M BACKGROUND The City of Owasso has received a request from Preston Lakes Development Group, LLC., owner, for the review and acceptance of the Preston Lakes M Final Plat of 147 lots, in six (6) blocks on approximately 47.48 acres. LOCATION The property is generally located east of existing Preston Lakes H, on the west side of N. Ave. 4/10 mile south of E. 96St. N. A general area map that further depicts the subject property's location is attached. � 10104M."Iff SURROUNDING LAND USE North: Paradise Valley large lot residential South: Centennial park East: Centennial park West: Preston Lakes H and spering Pines large lot residential PRESENT ZONING The subject property is currently zoned OPUD 15. The PLJD outlines the use of the subject property as residential. SURROUNDING ZONING North: RS-25 (Large Lot residential) Rogers County South: OPUD 15 — Preston Lakes PUD calling for park us East: OPUD 15 — Preston Lakes PUD (residential) West: OPUD 15 -- Preston Lakes PT -JD calling for park us] ZONING HISTORY Aqms,t '1998: The City of Owasso re-Amved and approved a PLID (Planned Unit AZ=70- (Flan Development) for the Preston Lakes area including the subject property. The PUD outlines the subject property as single family residential development, Aaril,,-2003- The Owasso Planning Commission approved a preliminary plat for Preston Lakes III. The conditions of that approval are listed below: 1. Addressing will be provided prior to the final plat submittal. 2. An addition to the covenants stating, "All single family residential structures shall front to the street with the greatest building setback", is required. 3. Question whether Lot(s) 28 & 29, Block I and Lot 24, Block 3 can accommodate residential structures. Please provide copies of house plans that can be accommodated on these lots. 4. Please provide an access point along N. 161't E. Ave. 5. Hydrant locations must be coordinated with the City of Owasso Fire Department. 111111111 11111111111 111111111,111111111111 M 11l � ANAUTSIS The current owner/developer of the subject property and the greater area plans to develop the area with residential uses. Preston Lakes III represents a continuation of the residential segment of the proposed PUD plan for the area. The plan calls for Preston Lakes 1111 to provide a connection for development west in Preston Lakes IM to N. 161" E. Avenue in the east. If the request is approved, Council acceptance will be required. TECHNICAL ADVISORY COMMUTEE The Owasso Technical Advisory Committee reviewed the Preston Lakes III Final Plat at the regularly scheduled May 26, 2004 meeting. At that meeting utility providers and city #khe proposal. The following comments were provided: 1. Provide a dedicated R-O-W for N. 153rd E. Ave. through the reserve area on the western edge 1f the plat. 2. Ensure that sidewalks are provided along all public roadways included in the plat to include N. 161" E. Ave. and along all reserve areas abutting public roads. Sidewalks along N. 161" E. Ave. and the reserve areas should be constructed during the initial development phases. 3. Illustrate 50' R-O-W dedication for N. 161't E. Avenue on the plat. 4. Provide a deceleration lane along N. 161't E. Avenue for the platted entrance from said roadway. 5. Pay the Elm Creek Sanitary Sewer fee of $1580.00 per acre. 6. Pay the Owasso Storm Siren fee of $16 per acre. 7. Identify the flood plain, to include the affected lots on the plat. 8. Identify the location of Elm Creek subject to the LOMR on the plat. 9. Provide livability square footage for Lots 28 & 29 of Block I and Lots 1 — 7 & 24 — 32 of Block 4. 10. Ensure clearance with GRDA on locating U/E's inside GRDA easement. 11. Coordinate Fire Hydrant location(s) with the Owasso Fire Marshall. the reserve area to connect with Preston Lakes H. 13. Name streets and address lots per Community Development. RECOMMENDATION Staff recommends approval of the Preston Lakes M final plat contingent on the successful execution of the Technical Advisory Committee conditions. ATTACHMENTS 1. General Area Map 2. Final Plat Application 3. Preston Lakes 1H Final Plat H--- 0 G'a TO 118, Pori( NE of Preston Lakes 11; W. of N. 161 st E. Ave. 6/10 mile north fo E. 86th St. N. C0 WSITYOFASO it P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 Ti PROPOSED SUsDzv1S1®N NAME GENERAL LEGAL DESCRIPTION OF TRACT f, 14 C :T — = 2 t — 1"j �2 DEVELOPE 0 NGINEER/ARCM �TECT :jM&IjA 1C<- f 1 TRACT Present Zoning Present Use Proposed Zoning Proposed Use INFORMATION PLAT Total Acres of �LotsAverage Lot Size INFORMATION 4-1 - 4 :tN-wnb;er (A -t (9, 2- A 6 WATER SUPPLY E] City Main El Rogers Co. RWD3 E] Washington Co. RWD3 E] Other SANITARY SEWER El City Sewer E] Septic El Disposal Plant STREETT SURFACLNG E] Portland Cement Concrete 0 Asphaltic Concrete El Traffic -bound Surface Course Please submit the completed application form and application fee (SI 00 plus $.50 per lot over 100 lots), along with the completed Final Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Final Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Final Plat will be reviewed. The applicant and/or the applicant's consultant should attend both the Technical Advisory Committee and Planning Cominission meetings at which the Final Plat will be reviewed. I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval have been met or listed below as conditions protested. DEVELOPER SIGNATU L, == —�-- -�= 0 DATE— —_-:;o Conditions Protested_ TAC MEETING DATE — OPC MEETING DATE SLTBMITTAL DATIE�— ZONING DISTRICT FEE RECEIPT NUMBER APPROVED --DENIED i S WWII" E ' " _ e,. - � .• •. .. ! \ SJ 3 J2 3l N 33 3S i 39 Je 39 = ^C S ° 55 22 6 o e _ r26 6 98 Cp.P2Bf6 ! ., a' ^,. .. . e` ay � a ,s i �.� �-'Kil'• -..� § :,r:. �a mx .' wcr nrn. - e�}.33 .g 99 A 2 � ^ .am '6 9 '68' "'�'A �O � 0. $-� ��I w Y �p 32 SI �[. ' 6 � 12� • /9 16 � e � REStRv£ AN A l x �.SA9$ f3" x ate. ffi�Fy �� Y9 `r ��' � Is a a ty_ sb/ N �•.' ,tn �ae>•- t '°nAJ gp ^A � i g �. 6 � a Sella 8'-9� r All .. w a 1 � b "i" •.` t/ '�" 4'° 12 v a � � r� � \ � �i'�g '` ' / a 0 � rims �/� arx� zs � xa i :'^.a 2 � \3 � uJ � � s � � -,oF 8• % 0 q6R�®'" — �m'wa w< Ax Aarss mm YA P14Dilc giBl[X IPR 9 INA 19914AW NGO54 8f 52' ^ • r � r yya r `s k � e - C � � � soN' '1 uh uPomi, ens Final Plat Preston Lakes III N 9ze0'69^ � S J' '•Oo / A PART OF TM Fria HALF fE/2) OF SEonON 22 nzw �D'� 99P 2W Pd6SM. RPNM 14 EAST Ya � ;, ^ e. or,,ro xeT t c o AN AMMM To TIM CITY OF cWASM, Ro L'tk M, OKIAMW ae �9 ^rM so - e� d, IS ^ 2 •� � /' �`Y SURVEYOR; OWNER I DEVELOP ;EP,' ENGINEER bR Benchmark Surveying & Preston Lakes Sand Services, Inc. ®eveiap¢nanR Group, E@.C. Kellogg Engineering, Inc. P.O. Box 1078 P.O. Box 240 6755 South 4060 Road " 2; €haosso, Udohomo 74055 Owano, OK 74055 Wala, Oklohono 74GSO Phone. (916) 274-9088 Flh-a: (915) i72-533® Phone. (918) 275-4050 C Ys zz ty,�. y prypo° R e4 E EAST 96TH STREETT Tf§ t T —� 21 m HESfAK AR¢A { r V° Cltrve Information ft Im�� 8 �cRi o¢ RA[nrs ofaao rEAaxc N' m wewa<•[ car ,NM >r .vp py IVaY wMR:Y>'[ iaoY c.e 0aw' Tvrn' mm azea w xarts [ X 9 EAST 83TH STRMT MMTH Location Ma x^ 6;{D ,cez: v-zxn y °¢ 53Smn91cv �VfA'NS 4a] Y01i 91 & S&O(.R$ .. w :v95A4, AR h: OI.M PfAeS 3' PrMnn Cmk PAay 4, sasr In 2002, Public Works Department Engineering Division staff compiled street data pertaining to needed repairs to develop a comprehensive Street Repair Program. Each residential street throughout the city (encompassing approximately 144 lane miles) was individually walked to collect inventory data and evaluated using a street pavement management computer program. A total of 1,008 street segments were identified for various repairs. Repairs were prioritized from low, moderate to high priority. A total of 275 sites were rated as high priority with an estimated repair cost of $1,155,000. Since the program's inception in May 2002, the following results have been achieved: ®- Contracted small site repairs: Two (2) construction contracts totaling $183,655 were awarded for the repair of twenty-nine (29) of the highest rated sites. Repairs were completed as part FY 02-03 and FY 03-04 Street Repair Programs. -- Overlay prroiects: Five (5) miles of residential streets (which included multiple repair sites) were resurfaced as part of the FY 02-03 Overlay Program. Rains b� city: Two hundred and thirty (230) sites, including potholes or areas of approximately 25 square yards or less, have been repaired by city forces. In May 2004, the street inventory data collected in 2002 was updated and refined. The database for the model was adjusted to reflect changes in segment conditions and repairs made in recent years, and a new high -priority listing was generated. A map depicting the location of the high priority -repair sites, which include 201 street segments, has been included (see Attachment A). The new high -priority listing includes data for each of the 201 segments containing location reference, an overall condition index (OCI) and estimated cost of repair (see Attachment E). Page 2 FY04-05 Street Repair Projects The estimated cost to repair all priority sites is approximately $581,000. Due to limited funding in the current year, only the highest rated twenty-eight (28) sites are presented for consideration in the FY04-05 Street Repair Program. A map depicting the location of the recommended sites has been included (see Attachment Q. Upon acceptance, the Engineering Division will proceed to complete bid documents. It is anticipated that the project can be advertised in July 2004, awarded in August 2004 and completed by October 2004. Funds for this project are included in the FY04-05 Streets Division Capital Outlay budget (Line Item 01-300-54210). A total of $115,000 is available in the budget. 1. Attachment A — High Priority Site Location Map (2004) 2. Attachment B — Revised High Priority Site List (2004) 3. Attachment C — Recommended FY 04-05 Repair Sites Location Map e HIGH PRIORITY SITE LOCATIONS I- PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION HIGH PRIORITY SITE LOCATION MAP City of Owasso Public Works Department 301 West 2nd Avenue P.O Box 180 Owasso, OK 74065 STREET REPAIR PROGRAM 2004 HIGH PRIORITY LIST Item Description Route Back Route Ahead Segment ID Oct Deficiency Repair Cost @ Cummulative $10 Esf Cost 1 N 96th E Ave !E 114th St N iE 115th St N 122AS09 45 1 Rutting 13x40 $5,200 2 St 2nd Birch St End 304AS13 45 1 AlI!QaLqr Cracking I I x45 I $795() 3,150 3 2nd St - ---------- - E 82nd PI - N t N1'2 5_,t_hE_Ave tr __ 1 'End 304AS13 45 iCul-de-sac 292AS32 45 ___ -4-- _�45 !Potholes Multiple l2x20 jAdvanced Cracking w/ Sqqlna�oxl - $2,400 $1 800 1 $15,550 $17,350 5 N 127th E Ave E 82nd St N �E 84th St I 292AS42 R4ttjag 424 QA2nd Street Intersection $720 $18,070 6 N 95th E Ave 122AS08 46 lAdvanced Cracking &� ldxl F47x17 $4,460 7 1st Ave Birch St End 304AS03 46 Alligator Cracking 5x18, 10x18, IWO, 5x8 $6,400 $28,930 8 9 lo N 122nd E Ave - -, Dogwood St Dogwood St iE 76th St I ------ --- - IE 76th PIN i 46 3rd Ct 364AS47 47 Ct 3n Jn 1 Ruftinq,5W 1 Pothole 2x6 $1,500 $120 1 $30,430 $30,550 _Rutting x 0 $32,050 11 Birch St 1st Ave Broadway 304AS38 48 1 Rutting 3x60 $1,800 $33850 12 N 126th E Ave iE 76th PIN E 77th St N 294AS15 48 ;Advanced Cracking 15x24 $3,600 $37,450 13 Dogwood St i3rd PI I 3rd Ct 304AS47 49 �Ruftinq W, 340 ---------- $1,620 $39,070 14 15 E 97th St N EVfh St N 109th E Ave IN I llth E Ave N 108th E Ave ---.-.---184AS15 49 'Cul-de-sac 184 �Utilit�Bepair Failure 3x3,4x4 $250 $39,320 27 nced�qracking� xlQLI��Q $5,000 $44,320 16 E97tkStN___ lth E Ave Cul-de-sac 184AS27 49 Potholes Multiple I 0x20, 20x20, 20x2 $10,000 --__j54m- 17 18 E 99th PIN N 1018,t-hIE-�-F.ill"...,.--- m6 E k- r E 99th St N N 109th E Ave 184AS41m. �ff99thF51N S 184AS39 L 49 !Advanced nced Cracking 445, 5x24 CrackiN_T)�13, 422, 1&60 $6,290 $-5-,7,,3-2- 0---- 63,610 19 N 109th E Ave - - ---- 184AS16 _ 49 -_qator . ....... !All! Cracking 6x6, 4x15 $960 1 $64,570 20 E Nni IE;l N IN-l'i 8-th E` Ave IN 119th F Ave 291AS17 50 1 Rqft i jnAL2g $1,160 1 $65,730 21 6thSt 'Main St 302AS27 51 !Advanced Cracking, Multip e Potholes 12x86 $10 320 $76,050 22 23 24 9th St IE Wth St N E 83rd St N -E Atlanta Main St 302AS27 51 IN 12oth 293AS05, __51 East Service Road 01 51 1 IN �l 6-thE Ave- 291AS Rutting 5x11 Pothole (3x3) t Potholes W, Mul iple 15x20) $550 $90 $3,040 1 $76,600 690 $79,730 25 Ord St N I N 117th E Ave E 83rd PI N 291AS05 Pothole 26_ _N 1_25thE,Ave - I ff�iili St N 204AS26 51 1 Pothole �o (� �) $100 27 28 1125th _E Ave!E N 96th E Ave 87th St N E I I 4th St N E 88th St 11� i 204AS26 51 iE 113th St N 122AS 52�ing ;Rutting !ij�3.§x3l,5x50,3xl5 $4,090 $ 84,1 2O 3x1O0 $3,000 29 E 76th PIN IN 123r d 52 Advanced Cracks 15x45, 30xl5,4Ox3,4x24,4x3G .. .. ...... .. $14 iiO' $101,830 30 N 117th E Ave E 83rd St N E 84th PIN 291A506 52 Advanced Cracking 5x5 $250 $102,080 31 N 117th E Ave E_8_3rdSt N E 84th R1 N 291AS06 52 'E-64th--St Potholes I xl, 3x2, 3x2, 1 xl, W, 3x2 $240 $102,320 32 N 128th E Ave E U ird St N IE N 292-A--S-4-3 - ------ -- Alligator Cracks U3, 3x4 w $210 $102,530 33 N 128th E Ave Und St N E 84th St N 292AS43 52 I -- ------------ Rutting U20 $600 $103,130 34 Broadway Main St _ Birch St 304AS06 52 lAdvanced - Cracking 23x24,24x4l,2Ox24,24x4O,24x46,24x3O $48,000 $151,130 35 1 st Ave ;Main St Birch St 304AS02 52 (Alligator Cracking 5xl3, 5xl5,15xl5 $3,650 $154,780 36 37 Birch St Birch St 1st St 2nd St 304AS40 52 -i-Advanced- Cracking 7x40, - 10x76,- -- 8x30 - 19x29 $18,310 $173,090 1st St 2nd St AS40 52 Alligator Cracking UX6 $780 $173,870 38 E 80th St N N 11 9th E Ave W i2offi L Ave 293ASb4 -5-2 -Rutting @ Intersection 3x24 $726 $174,590 39 E 98th St IN Garnett N 11 2th E184AS35 2 - - - -------- Utility Repair Settlement 3x30, 3x33 $1,890 $176,480 40 E 99th St N N 109th E Ave N 108th E Ave 184AS38 52 Advanced cracking 30x2O, U30, 6x45, 23x75, 23xl 5 $30,300 $206,780 41 E 99th St INAve N 109th E Ave i- NTO�tfi_ t kv e__ fmAs�3_8 52 - I - - - --- I - - Rutting 3x30, 3x95 $3,750 $210,530 42 N 11 8th E Ave E 84th th P1 - IC6-de-sac1- 291AS09 52 Advanced____��qking 8x8 $640 $211,170 43 4th Ave 'Cedar St I Dogwood St 312AS02 1 52 --- ---- ------ ------------ Advanced Cracking - - g & Settling 24220 $48,000 $259,170 44 Dogwood St 4t6 St - - - - !6th St 302AS62 53 P tholes Multiple 15x5 $750 $259,920 45 Dogwood St Ath St - - I - - �� I - _ __ t 302AS62 53 _7 Rutting U5, 3x3 RutU_ $240 $260,160 46 N 108th E Ave IE 99th St N 84AS55 53 !Advanced Cracking 423 $920 $261,080 47 N 108th E Ave El 99th St N !E 99th PI N 184AS55 53 1 _11- --'I,. Pothole 48 $320 $261,400 48 N 11 2th E Ave E 98th St N Cul-de-sac 184AS33 53 :Advanced -1 -1 - -- ---- - - --- - & Alligator Cracking 48, 12x15 $2,120 $263,520 49 N 121 st E Ave E 84th P1 N E 85th St N 291AS20 53 "Potholes (20x4 Multiple) $800 $264320 50 16th St Cedar St Dogwood St 194ASI 1 i 54 I Pothole Multi1— 111 - - I � . 1 11 1 . . Multiple l2x12 $1,440 $265:760 51 E 89th St N N_ 1231rd E Ave N I 24tlh E Ave 204AS19 54 1 Pothole2x2 --- - -- _$40 $265,800 Item Description Route Back i Route Ahead Segment I® j t7Cl Deficiency Repair Cost @ Cuanmulative $10 psf Cost 52 E 89th St N N 123rd E Ave N 124th E Ave 204AS19 i 54 'Rutting 3x12 - $360 $266,160 53 N 117th E Ave N 120th E PI E 86th St N 291AS08 54 Alligator Cracks 4x8 $320 $266,480 - -- 54 N 117th E Ave N 120th E PI E 86th St N 291AS08 54 Pothole 3x5 $150 $266,630 55 3rd Street Carlsbad Beaumont I 303ASO4 55 Potholes (Multiple) West End 12x14 $1,680 $268,310 56 Birch St Broadway 1st St -; 304AS39 55,Advanced Cracking 6x7 - $420 $268,730 57 E 120th Ct N N 109th E Ave IN 111th E Ave 064AS21 5-5 Pothoie 3x2, 2x2 $100 $268,830 58 E 83rd PIN N 118th E Ave N 119th E Ave 291AS_16 55 Potholes (4x2} $80 $268,910 -- - - --- I 59 E 87th St N N 124th E PI _ N 125th E Ave 204AS15 55 . Pothole ( 2x5) $100 $269,010 - - - - 60 E 87th St N N 124th E PI N 125th E Ave 204AS15 55 Rutting 30x6 27x9 $4,230 $273,240 -- - - N 111th ul-d E Ave C 61 E 96th PI N e sac j 184AS31 55 Potholes (Multiple 4x30) $1,20Q $274,440 -- -- - -- 62 N 110th E Ave E 97th St N N 110th E Ave 184AS19 55 'Advanced Cracking 5x60 $3,000 $277,440 63 N 121 st E Ave E 88th PI N Side Cul-de-sac 203AS23 55 -t1 Failing Utility Patch 3x24 $720 $278,160 64 N 121 st E Ave E 88th PI N Side Cul-de-sac 203AS23 - 55 lieavi�g 25xi_ - _ $250 $278,410 - _._ - - 65 N 121st E Ave E 88th PIN Side Cul-de-sac 203AS23 55 rPotha(es 1x1, 1x2, 2z1 3x3, 3x4 2x3, 2x2 $300 $278,710 66 N 121 st E Ave E 88th PI N Side Cul-de-sac 203AS23 55 'Rutting 25 x3 - j _ _ i _-- _-- 9 $750 $279,460 67 N 121 st E Ave E 85th PIN E 86th St N 291AS22 1 55 'Potholes (2x2 1x1,1x1) $60 $279,520 - - - - -- 68 N 124th E Ave E 87th St N E 88th St N 204AS12 55 !Rutting 3x22, 2x5 _- $760 $280,280 - - --- 69 5th Ave Main St West Service Road 312AS01 56 Pothole 8x4 $320 $280,600 -- -- - - -- .d -- -- - 70 Atlanta E 76th St N 1st Ave 304AS24 56 Advanced cracking 6x30 _ - $1,800 $282,400 _- _ 71 Atlanta - - --- --- --- - E 76th St N 1st Ave 304AS24 - 56 ,Cracking & Settling -around patches 5x8, 3x8 $640 $283,040 -- 72 E 90th St N N 128th E Ave N 129th E Ave 204AS41 56 IAdvanced Cracking 14x20 _ - $2,800 $285,840 - 73 Elm St 18th St 19th St _. ~Alligator & Advanced Cracking 10x100 $10,00o $295,840 194AS35 56 74 Elm St 18th St 19th St 194AS35 75 N 124th E Ave 56 -- Alligator Cracking &Rutting 24x50 $12,000 $307,840 E 81 st PI N E 81 st St N 292AS19 56 Rutting 20x3 $600 $308,440 - 1 76 N 127th E Ave E 78th St N E 78th Cir N 294AS2256 ,Potholes 2x2 6x4 - $280 $308,720 77 Atlanta Broadway 1st St - 304AS26 57 Rutting & Heaving 4x40 - - $1,600 $310,320 - - - - 78 Atlanta Broadway 1st St I 304AS26 57 Rutting 3x100 $3,000 $313,320 79 E 82nd St N N 118th E Ave-- C.uI-de sac I 291AS34 1 57 Alligator Cracks & Settling 3x5 $150 $313,470 80 E 82nd St N N 118th E Ave Cul-de-sac i 291AS34 57 !Chicken Wire Cracks (4 5x5) $1,000 $314,470 81 N 124th E PI E 87th St N ;E 88th St N I-204AS16 57 1Rutting 10x1Q_,_ $1,000 $315,470 82 3rd Ave Main St End 312AS07 58 Pothole 3x3 $96 $316,560 83 3rd Ave Main St _ End_ _ 312AS07 58 rSettling 10x10 $1,000 $316,560 84 Cedar St 3rd P{ 4th St 304AS46 58 Alligator Cracking 24x50 $12,000 $328,560 85 E 87th St N N 123rd E Ave aN 124th E Ave 204AS10 58 !,Pothole ( 2x5) - $100 $328,666 --- - - - 86 E 87th St N N 123rd E Ave N 124th E Ave 204AS10 58 Rutting (2) 5x5, 5x20 $1,500 $330,160 _ . _. ----- -- _. 87 N 110th E Ave E 109th St N E 109th PI N 074AS02 58 Potholes 3x3, 4x2 $1,350 $331,510 - __. -- -- -- _ 88 N 110th E Ave E 109th St N E 109th PIN 074AS02 58 Rutting 3x45 $170 $331,680 89 E 90th St N N 124th E Ave N 125th E Ave - 204_AS24 _I 59 Pothole 2x2 $40 $331,720 90 E 114th St N 122AS11 60 Potholes Multiple 10x10 $1,000 $332,720 -- - - -- 91 E 77th St N N 120th E Ave C_ 1de sac - _ j 293AS15 60 j Potholes (Multiple) 8x22 14x11 _11-$3,306 $336,020 92 E 77th St N N 120th E Ave Cul-de-sac 293AS15 60 ( Rutting 3x200 $6,000 $342,020 93 E 87th St N N 124th E Ave _ N 124th E PI 204AS14 60 1 Pothoie ( 1x5} _ $50 $342,070 94 E 87th St N N 124th E Ave N 124th E PI 204AS14 Rutting & Advanced Cracking 3x30 $900 $342,970 60 -- Ave - ...__ -- -- - 95 E 88th St N N 124th E PI N 125th E Ave 204AS17 - 60 Potholes (1x2, 3x8} - $260 $343,230 96 4th St Beaumont Carlsbad 301AAS - 61 Advanced Cracking 4x61 $2,440 $345,670 - _..-._ _ 97 4th St Beaumont Carlsbad 301AS01 61 '(Potholes Multiple 10x3 $300 $345,970 -- - .. _ . 98 Atlanta 8th St _ 9th St 302AS38 61 R_utting 3x116 $3,480 $349,450 99 N 120th E PI E 83rd PI N Cul-de-sac 291AS11 61 'Potholes (2-3x2) $120 $349,570 100 E 87th St N N 120th E Ave N 121st E Ave 203AS25 62 Potholes 1x1, 1x1, 2x1, 1x1, 2x2 2x2, 1x1, 3xl _ $170 $349,740 101 E 87th St N N 120th E Ave N 121st E Ave 203AS25 62 Rutting 3x30 2x20 - $1,300 $351,040 102 E 88th St N N 123rd E Ave N 124th E Ave 204AS11 62 Rutfing At Intersections 29x7, 27x3 $2,030 $353,070 - - - - 103 E 93rd St N N 133rd E Ave N 134th E Ave 211AS17 62 Alligator Cracks 8x10, Sx12 $1,760 $354,830 -- 104 1st Ave Main St Atlanta 304AS01 63 'Advanced Cracking & Rutting 12x20 $2,400 $357,230 ---- - 105 1st St Main St Atlanta 304AS08 63 IAdvanced Cracking 20x24 $4,800 $362,030 - _._ Alligator - i 9 --- - 106 3rd Ct Elm St Elm Ct _ _$1,800 $363,830 304AS23 63 jCrackin 6x30 i ui 3rd Ct Elm St Elm Ct - 304AS23 63 Rutting 3x60 - - $1,800 $365,630 - --- - - 3rd Ave E 76th St N 312AS10 63 108 Birch St ;Alligator Cracking 5x30 _ $1,500 $367,130 Page 2 of 4 Stern Description Route Back Route Ahead Segment ID ®CI Deficiency Repair Cost @ $10 psf Cummulative Cost 109 Cedar St "11 th St E 86th St N i ,__ 302_AS61 63 Alligator Cracking 10x20 $2,000 $369,130 110 E 90th St N N 121st E Ave N 121st E Ct 203AS16 63 Heaving (1x10) Sta 1+42 . $100 $369,230 111 E 90th St IN N 121st E Ave N 121st E Ct - 203AS16 63 Pothole Sta: 1+42, 4x4 $160 $369,390 112 E 90th St N N 121st E Ave N 121st E Ct 203AS16 63 Rutting 2x40 Sta: 3+0_0 $800 $370,190 113 N 119th E Ave E 89th St N E 90th St N 203AS10 63 1 Potholes 4x9 $360 $370,550 114 N 132nd E Ave E 92nd St N N 132nd E Ave 211A312 63 Advanced Cracking 24x30 $7,200 $377,750 115 Birch St 19th St 120th St _ 192AS07 164 Alligator Cracks 4 25_ $1,000 $378,750 116 N 121st E Ave E 84th St N Cul-de-sac _ 291AS23 65 Bulling in cul de sac 3x45 $1,350 $380,100 117 3rd St Atlanta -- Beaumont 304AS14 65 Alligator Cracking 5x12 $600 $380,700 118 3rd St Atlanta Beaumont -- _ 304AS14 65 _ ---- 1Potholes Multiple 12x_20 P - $2,400 $383,100 119 Dogwood St g 4th Ave E 76th St N 312AS17 65 -- Pothole (Multiple) 10x10 - $1,000 $384,100 120 Dogwood St g 4th Ave E 76th St N 3i2- 65 Rutting @Curb Failure 3x10 $300 $384,400 121 E 109th St N Garnett N 110th E Ave 074AS01 -- 65 Potholes 3x3 2x4 _-- $170 $384,570 122 4th St Elm PI Owasso Ex re Expressway _ _ p_ y _ 302AS08 66 -_ IAlligator &Advanced Cracking 24x65 $15,600 $400,170 123 Ash 8th St 11th St - _ 302AS53 _ 66 _ Cracking 2x3 $60 $400,230 124 Atlanta 16th St 17th St 194AS06 66 _Advanced _ Rutting 3x15 -- -- $450 $400,680 125 Birch St 6th St 7th St - _.. 302AS55 66 Advanced Cracking @ 6th intersection 6x18 $1,080 $401,760 126 Cedar St 4th St 6th St 302AS_58 66 - - - _ Alligator Cracking 10x18, 6x1Q_ $1,680 $403,440 127 Cedar St 4th St _ 6th St - -- 302AS58 66 Ruttin 3x20 g $600 $404,040 i 1 8 Elm St 8th St pre _ Owas__so Expressway y j 302AS64 -- 66 _ - IRutting 32x8, 3x10_1Qx3 10x2 $3,360 - $407,400 129 2nd St Atlanta __ Main St 3--A -.- 1 _ 67 - ! Potholes Multiple 10x2 $200 $407,600 j 130 3rd St Birch St Main St 1 -St 304AS16 1 -- - 67 aPotholes Multiple 10x12 $1,200 $408,800 131 3rd St Cedar St Elm --. 1 304AS18 1 -- 67 Rutting &Heaving 3x5 _ $150 $408,950 132 St Dogwood St 1 ;1 g - 302AS07 1 -- 67 - _ _ _ Alligator & Advanced Cracking 24x8? $20,880 $429,830 133 Eth 86th Ct N - Ave Cul--del-sac --- 301AS12 67 Rutting 3x20, 10x2 $800 $430,630 134 E 881h PI N N 121 st E Ave N 123rd E Ave 203AS22 � 67 i Pothole 3x7 $210 - $430,840 135 Elm St 17th St 18th St 194AS34 67 Advanced Cracking 12x10 $1,200 $432,040 136 Elm St 17th St 18th St -- -- 194AS34 67 Alligator Cracking 9x27, 10x10 $3,430 $435,470 137 3rd Ct Dogwood St Elm St 304AS22 68 Potholes Multiple 24x30 $7,200 $442,670 138 3rd St Atlanta Main St -- -- 304AS15 - -- 68 Alligator Cracking 10x12 ! $1,200 $443,870 139 64h St Birch St - Ash - - -- - 302AS13 - -- -- --- 68 - Alligator Cracking 3x24 $720 $444,590 140 Atlanta 7th St 8th St 302AS37 68 _ _ Rutting 3x35 $1,050 $445,640 141 N t N 127th E Ave E 79th St N iAtlanta E 79th Ct N 294AS24 68 - Potholes 3x12 $360 $446,000 141 th Main St 30_2AS_29 69_ Rutting 5x12 $600 $446,600 143 11th St Main St __ _ Ash _ 302AS31 _ 69 Advanced Cracking 24x24 $5,760 $452,360 144 19th St Elm St _ Garnett j 194AS29 69 _ - -- Advanced cracks 2436 $8,640 $461,000 145 4th St Atlanta Beaumont I 302AS01 69 Advanced Cracking 3x75 $2,250 $463,250 146 4th St Cedar St -.._ Do wood St i 9- 302AS06 _ 69 Pothole 10x5 $50o $463,750 147 Ash 6th St 7th St 302AS52 69 _. _. _.. _ Advanced Cracking & Rutting 35ox2 $7,000 $470,750 148 Birch St 7th St 8th St I 302AS56 69 Alligator Cracking 5x12 Around Manhole $600 $471,350 149 Dogwood St 8th St E 86th St N ; 302AS63 69 Rutting 15x3, 20x2 $3,000 $474,350 150 Elm St 16th St - 17th St 194AS33 - 69 _ - Advanced Cracking &Rutting 9x70 $6,300 $480,650 151 14th St Cedar St -__ Dogwood St -- --- 194AS30 70 Advanced Cracking 12x24 _ $2,880 $483,530 152 5th St Beaumont i - Carlsbad I._ a ---- --- -- 301ASO4 - 71 ---- . .__9 _ IAdvanced Cracks 17xl0 $1,700_ $485,230 153 8th St !Birch StCedar St I --- 302AS22 _- 71 _-------------__ Alligator Cracking 24x120, 12x5, 10x4 - $29,800 $515,030 154 8th St Birch St 302AS22 71 1 Pothole 3x1 - - 155 E 88th St N N 119th E Ave N 120th E Ave 203AS 11 71 !Potholes 2x3, 2x2 $100 $515,160 156 E 90th St N N 121st E Ct N 123rd E Ave 203AS26 JI 71 Pothole (Multiple) 10x12 $1,200 $516,360 157 E 90th St N N 121 st E Ct - - --- - N 123rd E Ave - - - -- 203AS26 --- - 71 - Settling tJtifity Trench 4x24 $960 $517,320 158 E 92nd St N - N 102nd E Ave N 104th E Ave _ 191AS05 71 - ---- -- Multiple Potholes . $600 $517,920 159 Elm St 14th St 16th St 194AS32 3 _ 71 v Advanced Cracking 8x12 $960 $518,880 160 Elm St 14th St i16th St _.. j - 194AS32 71 -- Pothole Multiple 10x3, 2x1, 2x1 - - - $340 $519,220 161 N 102nd E Ave E 85th St N E 86th Ct N 301AS09 71 Alligator Cracking & Settling 4x4 $160 $519,380 162 17th St Cedar St !Elm St 194AS36 72 ;Advanced Cracking 1412 $1,680 $521,060 163 22nd St Dogwood St Garnett 192AS21 -- 72 IAdvanced Cracking 20x120 -_ $24,000 $545,060 164 4th St Atlanta Main St 302AS02 72 ;Advanced Cracking 5x2 $100 $545,160 165 E 89th St N E 89th PI N IE 89th St N 203AS20 72 !Potholes 1x1, 2x3 $70 $545,230 Item Description Route Back Route Ahead 1 Segment ID ®CI Deficiency Repair Cost @ $10 Psf Cummulative Cost 166 E 89th St N :E 89th PI N iE 89th St N 203AS20 72 Rutting 3x50 $1,500 $546,730 167 N 1 00th E Ave _:E H. t.h I S N - e-sac 301AS13 72 Rutting & Advanced Cracking 6x35 t2j 00 $548,830 168 18th St Cedar St Elm St 194AS37 73 Potholes Multiple I Ox2, 8x2, I Ox5 $860 $549,690 169 N 102nd E Ave E 85th St N th Ct N 301AS08 73 RYtting4,.x22 $880 $550,570 170 8th St Elm st MM 25 74 Pothole 3x2 $60 $550,630 171 Cedar St 18th St 19th St 194A S 1_9 -9 74 �Advanced Cracking 5x30 $1,500 $552,1 1 30 172 Cedar St 18th St 19th St 'N -E-Ave 9-4- AS-,- 74 j Potholes 2x4, 2x1 $100 $552,230 173 E 90th St N N 120th E Ave 121st 203As1 Alligator Cracking I Ox - 15 Open Ravell $1,500 $553,730 174 N 138th E Ave E89thPIN sac 214AS20 75 Rutting 20x4 0 $8 b $554,530 175 Birch St 20th St AS68- M ;Advanced Cracking _ @ Manhole 5x5 $250 $554,780 176 20th Ct m ain St __. _ - I-- ICul-de-sac _ 192AS04 - Potholes 4x2, 1x1, 3x2 $150 $554,930 177 20th Ct Main St 'E �Cukde-sac 192AS04 - _Potholes - Multiple 10x30 $3,000 $557,930 178 N 120th E Ave 89th PIN F I Alli ator racking/ Heaving 5x5, 7x3 $460 $558,390 179 E 89th St N 121 st E Ave Cul 80Potholes $150- $558,540 180 N 120th E Ave E 87th Pi N JE 88th St N 203A50Q 82 - Iut Rti ng_2_x10@ z+46 $200 $558,740 181 E 87th Ct N IN 139th E Ave Cul-de-sac 2_14AS08 1 82 - ------- - - Rutting 10x15 $1,500 $560,240 182 E 89th PIN N 139th E-Ave- N-146 th�Ave �f4 AS22 § 2 . Y fling �12 x �5 $3,000 $563,240 183 N 135th E Ave E 894h St N E 89th PI N 213AS31 . . 82 .... Rutting 3xi 2 U60 $563,600 184 N 120th E Ave E 90th St N End 2WAS07 -8 -3- 7_6� 1 1 - _ - P s80 t563,HO 185 N 120th E Ave E 87th St N 20 3A_ S_ 0- 2 85 1 Rutting (2) 3x2Q $izo $564,880 186 N 120th E Ave E 87th St N E 87th PIN 203AS 02 85 Small Pot Hole I x1, I x2, 2x2, I x2, 2x2 $130 $565,010 187 E 84th St N N 98th E Ave N 99th E Ave dva6 Advanced Cracking 14x3 -0 $42 $565,430 188 E 89th PIN N 137th E Ave N 13M E Ave 213AS27 85 I Pothole 2x2 $40 W5.470 189 N 139th I- Ave I- 87th PI N E 88th Ct N 214AS12 85 'Advanced Cracking 2x15 $300 $565,770 190 191 N 139th E Ave E 86th St N !E 87th St N 214AS _01 + 88 Alligator Cracking 24x31 ------- _Advanced $7,440 $573,210 89th St N N 100th E Ave N 103rd E Ave ve -T 193AS66 - 89 Crack Cracking 1 0x1 2 i $1,206 $574,410 192 193 E 99th St N N 127th E Ave N 114th E Ave IE96thStN �N 115th E Ave 173AS02 7 92- Ruttinq_&Heev_i Heaving Tx50' Near KnuckleV,500 - $575,910 1 93 Fie�avLing 2x24 s4k W6,360 194 N 11 8th E Ave E 99th St N 7E iE 100th St N 173AS32 94 1 Ox3O Patch Failure �3,0w_ $579,390 195 N 117th E Ave 100th SIN ,, E 99th St N_ 8MO 95 !Cracking &-settling V50 $579,540 196 N 117th E Ave 100th St N E 99th St N_ �E _5_x_3 Potholes _2x2, 2x3 mo $579,640 197 N 118th E Ave E 100th St N 1.. 162nd St N - , - _ MkS29 96 Pothole3 x__3___ m $579,730 198 N 120th E Ave E 99th St 1 E 100th S t N I 73AS34 96 Settling 5x9 . $450 $580,180 199 E 100th St N N 116th E Ave 01*ht Ave I-N-117th 173AS13 97 1 Pothole 3x3 $90 $580,270 200 E 100th St N N.117th E.-Ave E Ave 173AS14- 97 -9-7 Chicken Wire Cracks 5x16 $500 $5EI-0770 201 E 100th St N N 117th E Ave N 117th E Ave 1_ 7-3-A-S-1-4 PROPOSED FY 2004-2005 SITES Page 4 of 4 I lu n no gill Ws rA if n NOR ATTACHMENT C CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 04-05 REPAIR SITES LOCATION MAP M MEMORANDUM TO® THE HONORABLE MAYOR AND CITY COUNCILORS CITY OF OWASSO F',fM. RONALD D. CITY t► , CONSIDERATION APPROVAL OF FIRST LEASE AGREEMENT BETWEEN THE CITY OF OWa, S O AND TITAN TOWERS, L.P., AND AUTHORIZE THE MAYOR TO EXECUTE SUCH FIRST AMENDMENT TO LEASE AGREEMENT A € JUNE a =ir t Pursuant to direction of the City Manager, there is presented for the Council's consideration a proposed First Amendment to Lease Agreement between the City of Owasso, (hereinafter referred to as "City"), as Lessor, and Titan Towers, L.P., (hereinafter referred to as ""Titan"), as Lessee. A copy of the First Amendment to Lease Agreement is attached for your review. The real property involved is located at the Water Tank Site on 96 h Street North and U. S Highway 169 (hereinafter referred to as "Tank Site"). Such tract is generally positioned along the north side of U.S. 169, immediately south of 96t' Street North. The Tank Site consists of approximately 1.21 gross acres. It is an irregular shaped, four-sided tract having approximately 287.70 feet of frontage along the north perimeter of U.S. 169. The north perimeter rims 218.49 feet, east to west, and the east perimeter extends 149.66 feet, north to south. The Tank Site is unplatted acreage that contains a water storage tank, a communications tower and minimal other site improvements. On the 16t' of May 2000, the City entered into a Lease Agreement with Titan for the location and placement of a communications tower and ancillary facilities at the Tank Site. A copy of the Lease Agreement is attached for your review. The leased area is approximately 5625 square feet. The Lease Agreement is for a period of twenty (20) years from May 16, 2000, with two (2) additional five (5) year renewal periods. Further, the Lease Agreement provides for, among other things, that the City is allowed three-(3) mounting spaces, i.e., co -locations, on the constructed communications tower at no charge. In the spring of 2002, the City requested of Titan that it release a portion of the leased premises due to a planned expansion of a parking lot on property adjoining Titan's to the north. Titan agreed to this request. A copy of the Partial Release is attached for your review. Consideration for Titan's acquiescence was that the City would provide additional footage to make up the difference. The released area and the revised lease area were surveyed and platted by Crafton, Tull & Associates. Simultaneously with the partial release, a First Amendment was prepared by Titan; however, for reasons unknown by representatives of both, the matter proceeded no further. Now, Titan is understandably requesting the First Amendment to Lease Agreement be executed due to an impending sale of substantially all of its tower assets to Global Tower Management, L.L.C. Approval of the proposed First Amendment to Lease Agreement is, under the circumstances presented, appropriate. Staff has reviewed the content of the document as well as the legal descriptions involved, and is of the opinion that such accurately sets forth the agreement reached between the parties. It is Staffs' recommendation that the City Council approve the First Amendment to Lease Agreement as presented and authorize the Mayor to execute such. Please do not hesitate to contact Mr. Ray, Larry White or me with any questions. ATTACHMENTS: 1. First Amendment to Lease Agreement; 2. Lease Agreement dated May 16, 2000; and, 3. Partial Release of Lease, Easements and Right of First Refusal N FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF OWASSO, AS LESSOR AND TITAN TOWERS, LP, AS LESSEE THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment") is made and entered into as of the 181h day of June, 2002, by and between City of Owasso (hereafter referred to as Lessor) and Titan Towers, L.P. (hereafter referred to as Lessee). WHEREAS, Lessee and Lessor entered into and executed that certain Lease Agreement, dated May 16, 2000, (the "Agreement"), whereby Lessee leased that certain tract or parcel of land, situated in Tulsa County, Oklahoma, (hereafter referred to as Leased Premises) as described in Exhibit "A" and attached to Agreement; WHEREAS, on the 61h day of June, 2000, the Agreement was recorded in Book 6373, Page 2285, in the Office of the Tulsa County Cleric; WHEREAS, Lessee and Lessor desire to amend and modify certain terms and conditions of the Agreement; NOW, THEREFOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessee and Lessor, intending to be legally bound, do hereby covenant and agree as follows: 1. Exhibit "A" of the Agreement, Description of Lease Area, is hereby amended and replaced in its entirety by the Exhibit "A" attached hereto and made a part hereof for all purposes, 2. Agreement in Effect: Except as herein expressly modified and amended, the Agreement shall remain in full force and effect pursuant to each and every of its terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment under seal as of the date and year first above written. LESSOR: City of Owasso, Oklahoma By: Printed Name: Title: LESSEE: By: Titan Towers, LP By: Titan Towers, LLC. Its: General Partner David D. Baker, trice President Site: Owasso COUNTY OF § This instrument was acknowledged before me, the undersigned authority, on the day of , 200_1 by , for the purposes and considerations herein expressed. Notary Public, State of _ My Commission Expires This instrument was acknowledged before me, the undersigned authority, on the 1 �day of 1 tl' CY200J by David D. Baker, Vice President of Titan Towers, L.P., a Delaware Limited Partnership, for the purposes and considerations herein expressed, MELISSA HAM MY C®MMISSI®N EXPIRES May 4,2( Notary Public, State of Texas, My Commission Expires: ct;., C:° Site: Owasso 2 EXHIBIT "A" DESCRIPTION OF LEASE AREA A parcel of land located in the NEA of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian in Tulsa County, Oklahoma, more particularly described as follows: Commencing at the Northwest comer of said NEA; Thence S 0' 03' 57" W along the West Boundary of said NE/4 a distance of 667.07 feet; Thence S 890 56' 03" E a distance of 163.68 feet to the Point of Beginning; Thence S 84' 44' 25" E a distance of 75.00 feet to a point on the West Boundary of the RCB Center, an Addition to the City of Owasso, Oklahoma; Thence S 01 19' 21" W along the West Boundary of RCB Center a distance of 75.28 feet; Thence N 84' 44' 25" W a distance of 81.48 feet; Thence N 5' 15' 35" E a distance of 75.00 feet to the Point of Beginning, containing 5,868 square feet or 0.1347 acres more or less. Site: Owasso THIS LEASE AGREEMENT is made and entered into on this the 16'h day of Ma 2000, by and between City of Owasso, whose address is 207 South Cedar, Owasso, Oklaho 74055, hereinafter called "Lessor", and TITAN TOWERS, L.P., a Delaware limit partnership authorized to do business in the State Of Texas, whose address is 1500 Industri C.\J Blvd., Suite 300E, Abilene, Texas 79602, acting by and through its geDeral partner, Ti (n Towers, L.L.C., a Delaware limited liability company, hereinafter called "Lessee". r7- Cn WITNESSETH, THAT: TO HAVE AND TO HOLD the Site unto Lessee and Lessee's successors, assigns and legal representatives, subject to the terms and Provisions hereafter stated, for the term of years specified below. ON RM, I Lessee may own and place on the Site. The description Of such easement is attachedhereto as Exhibit "B" and made a part hereof and a surveyor's plat is attached hereto reflecting the location of the Site and the easement. Subject to the provisions of paragraph 12 hereof, any and all structures, improvements,, equipment, facilities and other property of whatever Idnd installed by or for Lessee on the Leased Premises shall be and remain the property of Lessee, whether affixed to the realty or not, and Lessee shall have the right to remove the same at any time during e term her f d afhe termination or expiration of this lease or any within a reasonable period of time ter t th eo, an extensions or renew-als thereof. 1-1 KIM Lessee agrees, at its expense, to conduct all operations on said Site in full compliance with all laws, ordinances, rules, regulations, orders or directives Of any government aauthority, nd shall not commit or allow to be committed any public or private nuisance thereon. 4® Lessor warrants that Lessor owns fee simple title to the Site, and that the leasehold estate herein created is and shall be free and clea., of all' Hens and other encumbrances. Lessor warrants that this agreement includes access to . the Site as such access is represented by the easement described in Exhibit "B" attached hereto® LEM-E-AGnEmn Page 2 C:\wINDOwS\FAV0fite8\WhiUr., C.G\TiWnTowen\Stuart'9 Gemco\Uase Agmt.doc M 7. Inasmuch as Ussor is the owner of such land, it being a municipal corporation, no ad valorem taxes should be charged for Lessees utilization thereof, 8. (a) Lessee may terminate this lease at any time by giving thirty (30) days written notice to Lessor of its intention to do so, LEASEAJQREE CAWINDOWSTavoriteskwhitten, C.G\r1janTOwer3kStua,1,s Gemco\Lease Agmt-dne Page 3 (b) Lessor may terminate this lease if Lessee shall fail to comply with the material provisions or conditions of this lease, and if such default shall continue for a period of thi (30) days after written notice given by Lessor to Lessee specifying such default. rty U 101 Notwithstanding the terms and provisions of Paragraph 4 hereof, this lease is made expressly subject to certain valid and existing easements, leases, rights -of -way, oil, gas and mineral rights, and restrictions which are presently of record. a, M 12. REMOVAL OF PROPERTY AND OTHER COVENANTS Page CAWINDOWSWavoritaskWhitten, C.GWitanTowers\Stuart's Gemcol4 Lcasa AgmLdog- This lease shall be binding upon and inure to the benefit of the parties hereto and their respctive successors, assigns (where assignment is allowed) anlegal reresentatives. This agreemented p shall be executed in duplicate- counterparts, each of which shall be considered an original of this instrument, and both of which shall co and constitute one the same instrument. C\j j 13. Lessor: City of Owasso 207 South Cedar Owasso, Oklahoma 74055 Fax No® ED LEA-SKAGREE C:1WIND0WSTavoriteAWhjuen- Page $ I'M FIRST RIGHT OF REFUSAL LEASE AGENT Page 6 C:\W'ND0WS\F9V0fitc&\Whitten, C-GVritauTowers\Stuatt's GemcokLease Agmt.doc In case any cne or more of the Provisions co.itained in thi.-, lease shall for anv reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this lease shall be construed as if the invalid, illegal or unenforceable provision or provisions had never been contained herehi. (9) The headings of the paragraphs of this lease are for the guidance and convenience of reference only and shall not otherwise affect any of the terms or provisions hereof. (h) Lessee shall install a grounding system for the Tower and related buildings in accordance with the relevant City of Owasso building code and Lessor's grounding specifications. LEME-AG— E- CAWIND0WS\Fav0gjtcs\whiU@U, C.G\,rjtanT0w0rs\SUffl[t'3 Gemcn\Lea-w- A-kd- M (i) Lessor shall have the right to install upon the Tower, at a mounting height to be determined, a microwave antenna and equipment to provide telephone for Lessor's system, for which Lessor shall be charged a rental equal to the fair market value of such use. By:— LA Iq Its: a Delaware limited partnership By: Titan Towers, L.L.C., a Delaware limited liability company, its General Partner By: Warren D. Ha� ins, President�� LE&W—AG—REEWNT Page 8 CAW1NDOWSTavorjtea\whitj@n, C.G\TA&uTowera\StuarVz Gemco\Lasse Agmt.doc GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2000 t', JANE TFIELD My COMMSSION EXPIR may PIP 30, 200, Ro—tary T 'FuZ!, State OWfe as LE SE ... A _ El NT c:6WAQWS\F"Oritc3kWhitten, C-G\TitnnTowcrs\SWarVs GemcoUx-aso Amm.doe m A tract of land in the Northwest Quarter of the Northeast Quarter (W/4NE/4) of Section Twenty (20), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to -wit: . a �` ��, ' `v ti 1x� • �� ,�, -: _, PARTIAL RELEASE OF LEASE, On the I e day of May, 2000, a L ease Agreement ("Lease") was made and entered by and between City of Owasso as "Lessor", and Titan Towers, L.P., a Delaware limited partnership as "Lesseewhich Lease was recorded June 6, 2000, in Book 6373, Page 2285, in the Office of the Tulsa County Clerk. On the 2P day of December, 2001, the Lessee licensed the use of its tower to Cricket Oklahoma Property Com"c-, a Delaware coiVromi aA*wz�C%--cN _ *,,i6M'6' � of Site Agreement recorded February 27, 2002, in Book 6700, Page 472, in the Office of the Tulsa County Clerk, which Site Agreement did not assign any of Lessee's rights or obligations under the - Lease. The Lease is referred to as the Titan -Owasso Site OKOO 19 and leased ihat certain tract of land located in the Cit%, of Owasso, Tulsa Cmnl;*. State of Okl--?Iivff ?. , w ei. - in Exhibit "N' attached hereto and made a part here -of NOW, TFIEREFORE, the above named Lessee does hereby release, remise and forever quit aH of its rights, title, easements and interests in and to the Lease, including (without limitation) the right of first refusal identified in the Lease, but only in so far as relates to the property described on Exhibit "B" attached hereto and made a part hereof Its Authorized Manager Date: June o 2002 1500 Industrial Blvd., Suite 300E Abilene, Texas 79602 STATE OF TEXAS ) SS. COUNTY OF TA MEUSSA HAM my COMMISSI ON EXPIRES May 8, 2004 TRACTA SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST F THE INDIAN .:: ANDMERIDIAN TATE O � OKLAHOMA, ACCORDING TO TBE► E� RTHEREOF, PARTICULARLY .13E AS F O ` __ A parcel of land located in the NEA of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian in Tulsa -County, Oklahoma, more particularly described as follows: TO: THE HONORABLEMAYOR iCITY i, CITY OF OWASSO FROM. RONALD D. LEASE AGREEMENT BETWEEN THE YMCA OF GREATERi; .,,4 CENTER FACILITIES IMPROVEMENTS-RAYOLA PARK 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. i MI - ' +, 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 Cheater 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. 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 new 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 11 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. Ray or me. Staff would recommend that the Council approve the Lease Agreement presented. 1. Proposed Lease Agreement 2. Recreation Facility Lease Agreement 3 COMMENTS 1 i4 ROUGH DRAFT DATED5/10/04 w jt June � 2004 {370293;3} RECITALS................................................................................................................... ! Sm2£::1 §»«+w»«4<«»¥Construction �.............................................. � Rf±62d 2-f2tf©:2»:t2««s ®m§£:<: Representations and i4:« ©:y: the City S««4>2Z Representations and Covenants by the <4» tm: 1 ARTICLE III — LEASE ,� : 2 <.Ground/Facilities .«.4>»:;©w!£>!°....:.,.....,.........� f Section : © ., Section «» Short >+»» Section%» Baseball Field ............................................................................ 4 ,� ARTICLE a LEASE TERM . It—?yw< Section: Term +tthe Lease ..................................................................... < Section . Intentionally Blank Section 4.3 »< « 2r £�Possession : , 5 v y » £:.. een4c . Reversion Section � . Evidence £ Termination , ... tldiw Section`6 Effect�.�� ...£. H� o�. . e Section. .� . \%«f/\;*:Refusal §.,...,....„ . .. :r: < ze,,a. ;»»<:;2<�,+:»............................................................. .... u Section 5.1 Agreement ,+frl:2«Construct and Install the Facilities; Plansand Specifications ......... .............................................. : . %: +:° e:z .� 2.«:. r *:;7 a 4: t« �.�. 2 Completion . Facilities 2<> ................................................ , . ......... 8 Section 5.' Performance and «m men I+z+: Section Maintenance Bond Section 5.5 Builder's Risk Completed SectionGeneral Public L bility=and §.opert «>,:• , n::. Section 5.7 Workers' »m< Compensation ezet Insurance »»2mn. :§2 to the «Facilities . ,� ,...,, d Section 5.9 Use of \\ Facilities w� , � 9 Section 5.10 . . ,*tg :y<+»:y ,................................«! <£»:: «.¥ Permits; Section : No w s »:\;}o \Condition or Suitability ,: the (§. Section 5.1 Subsequent §«+rovemen>........................... Ia ,7 25a> ARTICLE VK—PAYMENTS UNDER THIS LEASE ................................................ ll Sectiou6.l ....,.......~........,..^,,,.,.......,,......,.,.~. 1l Seotimm6.2 Payments Under Lease in Additionjo Payments ARTICLE VDl—SPECIAL COVENANTS ............................................ .................... D Sectinn7-8 Financial Statements of C affipanx ,~~,..~.,...,.~....,.,.,..,.............. l� Section7.2 Companj to Maintain its Corporate Existence; Conditions Under Which - Exceptions Permitted ~~~~~,,,~..,.^.,~.,..~..,.~,..,~,.,^^ l% � Secwn 7.3 Indemnification Covenant ......................................................... l% Sectiom7.4 Quiet Eniovment ,..........,......,,,..,....^.,.^.^.,,........~.....,,.,.......~... 13 Section7.5 Assignments and Subleases ,.^,~,..,.,.,^~.,,,.~~~^.^.^..^..~,.......,..,..,.... 13 Section 7.6 Financing and Mortgage,of Ground and Facilities ................... 3 Section 8.3 Compliance with Other Governmental ReLyulations ................ 13 Section 8.6 Disposition of Company Property at End of Lease Term ........ 14 ARTICLE IX — LOSS OF AND LIABILITIES PERTAINING TO FACILITIES .. 15 Section 9.8 Notification of Loss and Compliance with Policies . ..... ...... 17 V70293:3} ' ii ARTICLE XI — EVENTS O|PDEFAULT AND REMEDIES .................................... 18 SmCti)uI1.l Events of Default Defined ...........,.~....,,.~...,,..,,.,,.......,.,,,.,.... 18 Suutino1l.I Remedies on Default ...,,,...,......^,^........^,,^.^.~,^,,.^~^^~^`~^~.`~,^,~`^ 19 SmctionIl.3 Company Remedies ...,.,...............~...~...,.....,..,.~,,..............,.... 20 Sectionm11,4 Agreement to Pay Fees and Expenses to Counsel ..,................. %O Section 1I.5 No Additional Waiver Implied by One Waiver; Consentsto Waivers ................................................ ~~^^.,~.. %K ARTICLE XII—MISCELLANEOUS ...~,,-~.,..,..,..........,........,...,,......,...,.......,......,. 21 Sectiwm1JLD No Personal Liability ............................................................... %D SectiomD2.2 Release of Liabilit.......................................................... 21 SeotienK2.3 Third Parties ........~...........-..~.....,,..,.,.,.,~..~~.,~.,.,.....,.....~. 21 Section 12.4 No Limitation on Previous Amements .,..........,,.....,.~......... 21 Section12.5 Binding Effect ,,,.....,~....,...,.,,,.~,,,~~,,,,,~_^~~..~,~,,.,^,,.,^^,,,, 22 Sectiwm82L6 Execution of Counterparts ...,..~.........~~~~.........................~ 22 Section 12L7 Amendments, Changes and Modifications .....,,,~....,~,~~,,,,,.. 22 Section12.8 Severabilitv ............,.~...,..~.....,.,..~.,....,...,.~~,,,,~,..~~,,~,,,,.,,- 22 Section12.9 Notices ,..^..._~,,^..~~.,~^^,,_..^...^,..,,...,~~^..^~~.~~,.,~^~~.^~,..,.~,.~,... 22 Section 12.10 Further Assurances ,~..~..,.....,.....,,,.,,,,,,.,..,.~~,,,~..~,^~,,,~,~..~ 23 Seution8]L18 Annficable Law ,...~.,,...~,........~....,........,.~~~.,~..,..^^^^-_..~__ 23 Section12.12 Independent Contractor ... ............................................. ,......... 23 Seckionl2.13 Nondiscrimination .^,,.~..~~~_.,~^,,,,,..,,,,,,,,,,,,,..~_.._,,^~,,,,,,,,,, 23 Section 12.14 Energy Conservation ......,.....,.,..,,...,~.,....~...............~,.........~ 23 Section 12.15 PartnershiD or Joint Venturer Disclaimer .............................. 24 Section 12.16 AnDroimiation of Funds ....... .............. ....... ............................ 24 Section 12.17 Estoppel Certificates ............................................................... 24 {3702933} it'l This LEASE, dated as of June , 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 "City"), and the YMCA of Greater Tulsa, an Oklahoma nonprofit corporation (the "Company"). WHEREAS, the City owns certain unimproved real estate more specifically described on Exhibit A hereto (the "Ground"), 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. AGREEMENT NOW, THEREFORE,, in consideration of the respective representations and agreements contained herein, the City and the Company hereby agree as follows: ARTICLE I INTERPRETIVE MATTERS Section 1.1 InterpretationandConstruction. 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," cc paragraphs," "clauses" and other subdivisions are to the designated Articles, Sections, subsections, paragraphs, clauses and other subdivisions of this Lease. The terms "herein," {3702933} "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 term "money" or "moneys" includes any cash, check, deposit, investment security or other form in which any of the foregoing are held hereunder. (e) Every "request," "order," "demand," "application," "appointment," 66 notice," "statement," "certificate," "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 "to" and "until" 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. "Property" (h) The Facilities and the Ground shall be collectively referred to herein as the ARTICLE H 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} (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 Representations 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;31 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 Plans 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 {370293.3; 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 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. Into 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 } 5 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 (around 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. Inuring 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. {37029333 6 (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 (1) the revisions are approved by the Manager, which shall not be unreasonably withheld, delayed or conditioned and (ii) the Exhibits hereto are 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 (370293.3) 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 funds 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 (e) 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 flans 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 {370293;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 5A 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 Pro 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 5.7Workers' Compensation Insurance. The Company shall require that each contractor or subcontractor that is responsible for construction 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- Legal 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. {3702933) 10 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 rAYMENTS UNDER 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 Linder Lease in Addition to Payments For Operating PrQVerty. 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 VU 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} 1 I Section T2 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 "insolvent" 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): Facilities; (a) the design, construction, installation, equipping and financing of the (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, 1370293:3 } 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 7.3 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 Assignments 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 Mortgage 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 lender 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 V111 USE AND MAINTENANCE OF FACILITIES 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. 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. 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 {370293;3) 13 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 Re lacement. 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. 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 {370293:3 } 14 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 Cod, 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 I+ AND LIABILITIES PERTAINING TO FACILITIES 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 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 $100,000.00 in any one occurrence) for the full replacement cost value by fire, lightning, tornado, {370293;3} 15 windstorm, hail, flood, earthquake, explosion, riot, riot attending a strike, civil commotion, vandalism and malicious mischief, sprinkler leakage, aircraft, vehicles and smoke, or any other casualty, in amounts not less than 100% of the replacement value of such improvements. Section 9.2 Liability Insurance. At all times during the term of this Lease, the Company is required and agrees, at its own cost and expense, to provide and keep in force for the benefit of the Company and the City, a policy, or policies, of insurance written on a single limit each occurrence basis with limits of not less than Ten Million Dollars ($ 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 Obligation 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, I I I N. Main St., Owasso, OIL.." 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 as aforesaid. {370293;3) 16 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. ARTICLE LIENS AND CLAIMS 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 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 {370293:311 17 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 other 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. 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 pet -formed 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 corrected within the applicable period, corrective action is instituted by the Company within the applicable period and is being diligently pursued. t370293.3 } 18 (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 11 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 from 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 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 {3702933} 19 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 11.3 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. Section 11.4 Agreement to Pav 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 {370293:3} 20 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 Liabilitv. 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. 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 {370293:3 } 21 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, Chanzes and Modifications. This Lease may be amended in writing at any time upon the mutual agreement of the City and the Company. Section 12.8 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 12.9 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 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 sent. {370293.3} 22 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 Applicable 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. Section 12.14 Energy Conservation. Intentionally Left Blank '370293-31 23 Section 1.2.15 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 expended 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. CITY OF OWASSO, OKLAHOMA M Susan Kimball, Mayor Attest: Sherry Bishop, City Clerk {370293;3 i 24 Approved as to Form: Ronald D. Cates, City Attorney By: _ Title: sm Attest: Title: t370293:31 25 STATE OF OKLAHOMA ) ) ss: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of by Susan Kimball as Mayor of THE CITY OF OWASSO, OKLAHOMA, WITNESS my hand and official seal. Notary Public for the State of Oklahoma rem My Commission expires: STATE OF OKLAHOMA ) ss: COUNTY OF TULSA ) = The foregoing instrument was acknowledged before me this day of 2004, by as of YMCA OF GREATERTULSA, an Oklahoma nonprofit corporation. WITNESS my hand and official seal. Notary Public for the State of Oklahoma [SEAL] My Commission expires: {370293;3 } 26 {370293;3) 27 n =r� r, tN {370293;3 } 28 t37029331 29 ["LANS AND SPECIFICATIONS FOR CONSTRUCTION OF FACILITIES 10 t370293-.3) # I �,- I - MIR I {370293:3} 3 1 13702933) 32 1 1) 3702933) Jj EXHIBIT A RECREATION FACILITY LEASE AGREEMENT LEASE, THIS made t Owasso, Oklahoma, on the 2AA_ day of ec , 1996, by and between the CITY OF OWASSO, GKLAH®MA, an Oklahoma municipal corporation, its successors and assigns, hereinafter called "LESSOR", and THE YOUNG MEN'S CHRISTIAN I T N E S S E T H: Statesituated in the City of Owasso, County of Tulsa and of To have and to hold, unto LESSEE for the term of ten Q 10 years, commencing on the Ist day of July, 1996, and ending on the 30t.h day of June, 2006, upon the covenants and agreements herein set Barth® Im The LESSEE hereby covenants and agrees to pay. to the LESSOR as rent for said premises during the said term, the sum of DollarsOne Hundred no/100's 0 ) at tenDollars N by LESSOR arising out of LESSEE's recreational facility capital If, upon the expiration ot the term hereof, and for a period ® Not withstanding any other provision hereof to the contrary, either party hereto may terminate this Lease Agreement at any time upon one hundred twenty (120) day written notice to the If LESSEE so terminates, it shall forfeit all its right® title and interest to said capital improvements to LESSOR. If LESSOR so terminates, the parties hereto shall seek to 93 3. LESSOR shall not allow said premises to be used in any manner which shall unreasonable interfere with LESSEE'S occupancy and/or programs, nor which shall, in any way, cause any damage to 4. LESSEE has examined and knows the condition of s:zii ® LESSEE will use and occupy said premises and al!, 7. LESSEE shall have the following duties with reference to said premises: a) to keep said premises clean, as stated herein; b) to dispose from the leased premises all rubbish, garbage and other waste® in a clean and sanitary manner; C) to properly use, operate, maintain and replace, if reasonably necessary, the facilities hereby demised 0 4 4 LESSEE will deliver p and surrenderto the LESSOR program to take place on said premises® it shall first request the LESSEE to offer and conduct said rogram® It is the intent of LESSEE to offer and conduct said rograms® however, LESSEE has final right to determine whether a program will be offered and conducted by LESSEE and LESSEEIS decision on these matters is final® ll® LESSOR shall not be liable for any damage occasioned by 9 rI A] itself from any claims made during the term of the Lease, including - therewith Alternative Dispute Resolution Attorneys f ees and costs. 19. LESSOR or LESSEE may request that the terms and on the day and year first above writterm. ATTEST: ® City Clerk Id D. Cates, City Attorney ATTEST: SECRETARY 0*LEASHXMC M THE YOUNG MEN I S CHRISTIAN ASSOCIATION OF GREATER TULSA LESSEE BY., CHAIRMAN UM 110 FROM: RODNEY J. RAY CITY MANAGER ..t r_ ! BETWEEN CITY AND OWASSI PUBLIC Due to ongoing discussions between city staff and school officials at the time the agenda was prepared a complete memorandum detailing the Lease Agreement between the City of Owasso and Owasso Public Schools will be distributed to you at the Work Session on Monday, June 7, 2004. The City of Owasso currently has one fire station for the entire coverage area and is working on adding two more stations. The current coverage area is approximately 77 square miles, with an approximate population of 45,000 in our ambulance coverage area, and 48 square miles with an approximate population of 30,000 in our fire coverage area. The one station cannot effectively meet the needs of the growing City. In order for the City to proceed towards being compliant with ISO and NFPA it is necessary for the City of Owasso to add at least two more fire stations. In order to raise enough money to construct a new fire station the City of Owasso extended a penny sales tax. The old city hall/fire station building was recommend by the staff and approved by the City Council for the use of a fire station. Currently the renovation project requires remodeling the upstairs portion of the building and replacing the doors on the bays. The difference in cost between renovation and building a new building is approximately $800,0000, The City has already begun working towards acquiring all the information in order to complete the renovation project. The City has completed renovation of the bay and will soon begin renovations on the living quarters, The City of Owasso is working diligently to renovate the old fire station in a cost-effective manner to service the citizens effectively. TIMELINE: The City has created a timeline to gage how long it will take to complete the renovations: May 5, 2004 "As -built" drawings of present building Staff worked in. conjunction with the architect to develop the as built drawings. These drawings indicate the current layout of the structure, and provide a basis to formulate a functional floor plan designs May 18, 2004 Review design and change as necessary A conceptual floor plan was presented to the staff and changes were made to the floor plan with the assistance of the architect May 27, 114 Review desigM The architect presented a finalized floor plan design to the staff. With only minimal refinement necessary the staff and architect have agreed on a finalized floor plan ® Engineering and mechanical design prints are being developed for inclusion in the construction / bid documents June 8, 2004 Brief City Council and receive Council input June 28, 2004 Review 95% construction documents ® Staff will review the construction / bid documents and recommend any necessary changes, ® The construction documents will contain the specifications for the type of materials and scope of work to be performed by the contractors for this project. July 14, 2004 Construction documents complete Design documents will be sent to multiple contractors for bid proposal Bid process 21 days * Bids will be received at City Hall by August 8, 2004 pm August 8, 2004 Bids received and reviewed Bid proposals will be reviewed by staff to ensure the proposals meet the specified criteria outlined in the design / construction documents Each bid will be evaluated by the staff, for a multiple of factors to include price and adherence to the specified criteria ® Staff will prepare the necessary recommendation documents in preparation for the presentation to the City Council August 10, 2004 City Council workshop ® Selected bid will be presented to the City Council • The presentation to the City Council will include an overview of the project, design contractors and anticipated price in relation to the budgeted funds August 17, 2004 City Council meeting, award bid ® Formal presentation of the project and recommendation to the City Council for their approval September 1, 2004 renovation / construction starts Time has been built into anticipated construction period for winter weather, material delivery time, and the anticipated difficulty of breaching the concrete spans to modify the utilities January 1, 2005 Goal date for estimated completion A punch lists will be accomplished upon the completion of the construction. City Council meeting, request for acceptance of the project and authorization of payment in the approval amount to the construction firm or contractor. ® Facility occupied and operational for use by the fire department The City currently is in the stage of working with the architect to get the final draft of the _floor plan, preparing construction documents, and working with the mechanical engineer to develop blue prints for all utilities. T no City allocated $200,000,00 for this project, and currently '0012,078.00 has been used for renovations for the bay area, and $ 15,500.00 has been used for rendering an architect. The Owasso Family Resource Center currently resides in the building and shall vacate prior to August 2004 to allow for initiation of renovation project. The living quarter's renovation will begin after August 1" 2004. The project is currently left with $152,422.00 in its budget. The estimated completion of the project is April 14, 2005 In order for the project to be completed within the time frame given it is imperative that the City of Owasso begins the bid process for the renovation of the living quarters for fire station #2. With the City Councils approval the fire department staff will request permission in the near future to begin the bidding process with the completion of the architect's final draft and the development of all blue prints. 1. Proposed Floor Plan «3 � :r � > , ° , � :\� � { < d . � » ` � y , ; �� . . . .:. \. r «� ,<m � � : � f:\f� � :� < :\ >� , >r� � }� }� � � �i: :� 2� � t� »m�! � « ¥f\��7�>>� ! \< «< t,z>»�r�{/ \\\(�Z}\t _ �. m ,: z« �� \/� � � \#2\. 2f#» ORDERSUBJECT: CHANGE .> EAST 86 TH STREET NORTH IMPROVEMENTS AVENUE DATE: June 4, 2004 The 1998 bond issue included E. 861h Street North Improvements (from N. 129th E. Avenue to N. 145`h East Avenue) which involves widening of the street to five lanes, construction of new sidewalk, curb and gutter, and signalization at the 8th Grade Center. On August 5, 2003, City Council awarded the construction contract to Becco Construction, Inc., Tulsa, Oklahoma in the total amount of $2,472,065.20. It is the intention of the City of Owasso to ensure completeness of the contract plans and specifications; however, this contract includes construction which may result in unforeseeable circumstances and field changes. As a result, a process using Work Change Directives has been developed for use in situations involving changes in work which, if not processed expeditiously, might delay the project. Council adopted Resolution 2003-12 on august 19, 2003 delegating the City Manager the authority to make Work Change Directives in accordance with the following criteria: Work Change Directives for an amount not to exceed $ 10,000 per occurrence and a maximum cumulative total of $30,000 per Change Order. It was also stated at that time that once the work was completed or a final cost and time determined, the Contractor will submit documentation for inclusion in a Change Order. The Change Orders will be submitted to Council for final review and consideration. Change Order No. 2 E. 86"' Street North Improvements Page 2 of 4 On February 17, 2004, City Council approved Change Order No. 1 in conformance with the established procedure. The change was necessary for the performance of Work Directives No. 1 through No. 5, for an additional $32,131.88 (representing 1.3 percent of the original contract amount). Quantity adjustments represented $16,270.00 of the total approved sum. The total contract amount was thereby increased from the original $2,472,065.20 to. $2,504,197.08. Nine (9) additional days were granted for the completion of the approved work elements. On Larch 10, 2004, Work Change Directive No. 6 in the amount of $3,445.37 was authorized in conformance with the established procedure for the replacement of standard traffic signal head lenses to LED (see Attachment A). This type of lens will provide a longer life span and consume less electricity, resulting in longterm savings for the City. In the future, LED lenses will be specified in all signalization projects during design. Although no additional Work Change Directive has been approved to date, Pay Request No. 8 dated June 2004 (see Attachment ), includes several quantity adjustments in addition to those authorized under Change Order No.l. In general, held changes were necessary for the completion of the work as specified in the contract documents under unforeseeable and/or less favorable field conditions. A summary of the quantity adjustments recorded to date has been included (see Attachment C). Of the twenty-two (22) items identified, five (5) items represent over 70% of the additional incurred costs. The remaining items are for differences in estimated quantities determined during design as compared to actual construction. The five (5) largest cost items are listed as follows and explained in detail below: Item Descri tri No. Unit Unit Quanfi1y Total Price Adjustment 15 411(A) Asphalt, Type A (POm64-22) TON $36.00 602 (Detours) ............................ .......... .............. .. ..... ..... ........... ......................... .................... .......... ..........., .. .................... .__..._................. ..._.............. ....._........ 16 414(A) P.C. Concrete Paving (9 1/2" SY $29.00 529 Thick -Dowel Jointed) .._ ...... ........ __. ... ........ ........... ... ......... ........ _ 21 509(I3) Class A Concrete CY $500.00 26 51 613(B) 18" RCP Class III ._.... ........ 86 616(A) Ductile Iron Pipe (Lined) a 12" Water LF $903.00 220 LF $70.00 493 $7,260.00 $34,510.00 TOTAL $91,539.84 Change Order No. 2 E. 861" Street North Improvements Page 3 of 4 Item No.15 — Asphalt for detours: Additional asphalt was required to widen and properly maintain the 81" Grade Center intersection. Widening was provided not only to facilitate bus traffic but also to protect motorists and/or pedestrians from a potentially unsafe condition. As designed, it was possible for pedestrians to be carried into the culvert during a flood event. A similar condition in Tulsa had resulted in the death of a stranded motorist. The contractor suggested this change to minimize the possibility of this situation occurring on the project Item No. 16 — Concrete paving and Item No. 51 — 18" RCP piping: Bid did not include the work shown under some sheets of the contract plans. Thus, concrete paving quantities were under estimated by over five hundred (500) cubic yards. Similarly, over two hundred (200) linear feet of 18" RCP were not included in the bid schedule. All materials were necessary to complete the work as intended. Item No. 21 — Class A concrete: Plan quantities were not revised to include concrete work added by an addendum to the contract prior to bids. Work was added to provide an enclosed connection to The Village of Silver Creek pond outlet structure. Item No. 86 — Ductile Iron Pine: A portion of an existing waterline was incorrectly located in the plans. Potholing during design did not reveal an existing shift in the waterline location. Five hundred (500) feet of pipe were required to be relocated. (One hundred (100) feet of piping have been already approved in Change Order No. 1.) Because the cumulative quantity adjustment sum exceeds $30,000, a Change Order is being submitted for Council approval at this time. Change Order No. 2 in the amount of $113,007.90' will be proposed for authorization. Change Orders No. 1 and No. 2 combined amount to 5.9% of the original contract. Upon approval, the contract amount will increase to a total of $2,617,204.98 (a total increase of 129,277.90 since the original bid was awarded). No additional days have been requested to complete these work elements. Construction is currently ahead of schedule at 98% complete. The contractor plans to open E 861' Street North in June 2003 and apply for substantial completion. No additional quantity adjustments, except for the anticipated construction of additional sidewalk, are expected at this time. Sidewalks were not included in the intersection improvements at E 86th Street North and N 1291" East Avenue because of the potential for removal during construction of this project. These sidewalks will be constructed prior to the completion of E 861" Street North, at a cost of approximately $ 15,000. Equates to $129,277.90 (to -date quantity adjustment calculated in Attachment Q minus the approved quantity adjustment of $16,270.00 included in Change Order No.1 Change Order No. 2 F. 861" Street forth Improvements Page 4 of 4 e Funds for the Change Order are available in the Capital Improvements Fund. A. Work Directive Change No. 6 B. Pay Request No. 7 (quantities) C. Quantity Adjustment Log ATTACHMENT A WORK DIRECTIVE CHANGE DATE: 03X05/04 yVOC No. 6 PROJECT: East 86th Stt North Improvements OWNER- City of Owasso ENGINEER: C. H. Guernsey Company CONTRACTOR: BeCCoContractors, Inc. The following work or other items are requested for acceleration in accordance with Change Order No. 2 � Change aUmftheT[uffiCSignal Head Lenses foLED. Justification D[Goal: To have all Ofthe traffic Date to begin work: MarCh5. 2004 Materials Labor Equipment Bond U.5 96\ Profit (15 %) TOTAL REQUESTED BY: RECOMMENDED BY: AUTHORIZED BY: —$O.00 $0.00 $44.30 $443.01 $3.445.37 ~ \ / F100mulim $0.00 $0.00 $44.3@ $443.61 $3'44537 TOTAL TO DATE PrevoumVVDC $32.131.88 ~_ Total $35'57725 OWRFACTOR ' R—E—i� AE -1, j R DATE E Note�Attach additional backup sheets na/cquired B t 5 Contractors, I'_O. [lox 9159 T ulsa, OK. 74157-0159 November 20, 2003 The City of Owasso Attn: Ana Stagg, P.E. P.O. Box 180 Owasso, OK 74055 RE: 861' Street North Improvements 1291' to 1451' Dear Ana, Telephone 918-4454684 Fax 918-445-4936 The cost for changing all of the traffic signal head lenses to LED as per the City of Owasso Engineering Department is $2957.4Q, ITEM 1 WAY 3 SEC S-6 1 WAY 3 SEC S-9 If you have any questions feel free to call. Sincerely, D ne Jantz Cc: file UNIT Add'I UNIT COST EXT COST 4 $443.67 $1774.68 3 $394.24 $1182.72 City of Owasso Public Works Department 301 West 2nd Avenue P.O. Box 180 Owasso, OK 74055 E 86TH STREET NORTH IMPROVEMENTS (N 129TH EAST AVENUE TO N 1457-H EAST AVENUE) No. Description Unit _J I .uantit-y unit 1 Cost Contrast Cost pent I Spent Cost Quantit, I % Spent I Adjustment I -Add.Cost 1 201 Right-of-Way_Clearing and Restoring LS 1 $20,000.00 $20,000.00 1.00 $20,000.001 100% $0.00 2 202(A) Unclassified Excavation CY 10,650 $8.00 $85,200.00 10,929.00 $87,432.00 103% - 279 $2,232.00 3 202(B) Muck Excavation CY 300 $8.00 $2,400.00 1,051 $8,408.00 350% 751 $6,008.00 4 202(C) Unclassified Borrow CY 2,300 $3.00 $6,900.00 3,051 $9,153.00 133% 751 $2,253.00 5 - 205 Type A -Salvaged Topsoil CY 4,400 $6.00 $26,400.00 4,400 $26,400.00 100% - $0.00 6 222(A), 223 Temporary Erosion and Sediment Control LS 1 $4,000.00 $4,000.00 1 $4,000.00 100% - $0.00 - 7 230(A) Solid Slab Sodding SY 5,200 $1.501 $7,800.00 - $0.00 0% - $0.00 - 8 232(C) Seeding - Method "C" Acre 1.4 $3,000.001 $4,200.00 $0.00 0% - $0.00 - 9 233(A) Vegetative Mulch Acre 1 $3,000.00 $4,200.00 - $0.00 0% - $0.00 10 303 Aggregate Base (Type A) CY 7,903 $19.00 $150,157.00 7,903 $150,157.00 100% - $0.00 11 307(A) Lime TON 890 $40.00 $35,600.00 884 $35,360.00 99% - $0.00 12 307(B.) Lime Treated Subgrade (8") SY 35,384 $1.00 $35,384.00 35,905 $35,905.00 101% 521 $521.00 - 13 325 Separator Fabric for Bases SY 42,530 $0.80 $34,024.00 43,051 1 $34,440.80 101% 521 $416.80 - 14 403(E) Traffic Bound Surface Course Type E ON TON 2,675 $12.00 $32,100.00 2,675 1 $32,100.00 100% - $0.00 - 15 411 (A) ACC., Type A (PG-64-22)(Detours) TON 377 $36.00 $113,572.00 979 $35,250.84 260% 602 $21,678.84 - 16 414(A) P.C. Concrete Paving (9 1/2" Thick -Dowel Jointed) SY 33,372 $29.00 $967,788.00 33,901 $983,129.00 102% 529 $15,341.00 17 1 414(B) P.C. Concrete Paving (6"-H.E.S.-for Drives) SY 2,590 $28.00 $72,520.00 2,616 $73,248.00 101% 26 $728.00 118 508 4'x3'RCB LF 72 $190.00 $13,680.00 72 $13,680.00 100% $0.00 1 19 508 Dual 4'x2'RCB LF 126 $325.00 $40,950.00 126 $40,950.00 100% $0.00 20 0 508 7 Barrel 4'x2' RCB LF 89 $1,100.00 $97,900.00 89 $97,900.00 100% - $0.00 21 509(B) Class A Concrete CY 34 $500.00 $17,000.00 so $29,750.00 175% 26 $12,750.00 22 511 (A) Reinforcing Steel LB 2,606 $0.60 $1,563.60 6,306 $3,783.60 242% 3,700 $2,220.00 - 23 601 (A) Plain Riprap (Type 1) TON 61 $37.00 $2,257.00 61 $2,257.00 100% - $0.00 - 24 601 (E) Filter Fabric (Riprap) SY 90 $1.00 $90.00 9 $90.00 100% - $0.00 - 25 609(A) 6" integral Barrier Curb, New Construction LF 9,474 $3.50 $33,159.00 9,475 $33,162.501 100% 1 $3.50 26 610(A) 4" Concrete Sidewalk, New Construction SY 3,810 $24.00 $91,440.00 3,640 $87,360.00 96% - $Too - 27 611 (A ) Manhole 4' Diameter EA 2 $1,500.00 $3,000.00 2 $3,000.00 100% - $0.00 - 28 611 (A) Manhole 5' Diameter EA I $1,900.00 $1,900.00 1 $1,900.00 100% - $0.00 - 29 611 (A) Manhole 6' Diameter EA 1 $2,400.00 $2,400.00 1 $2,400.00 100% - $0.00 - 30 611 (D) Manhole Frame and Cover EA 21 $275.00 $5,775.00 24 $6,600.00 114% 3 $825.00 - 31 611 (E) Inlet CICI DES. No. 2(A) w/access MH EA 1 $4,200.001 $4,200.00 1 1 $4,200.00 100% - $0.00 - 32 611 (E) Inlet CICI DES. No. 2(2A) EA 1 $2,900.00 $2,900.00 1 $2,900.001 100% - $0.00 - 33 611 (E) Inlet CICI DES. No. 2(2A) w/access MH EA 2 $4,600.00 $9,200.00 2 $9,200.001 100% - $0.00 - 34 611 (E) Inlet CICI DES. NO. 2(B) EA 1 $2,800.00 $2,800.00 1 $2,800.001 100%- $0.00 35 611 (E) Inlet CICI DES. NO. 2(B) w/access MH EA 1 $4,600.00 $4,600.00 1 $4,600.00 100% - $0.00 36 611 (E) Inlet CICI DES. No. 2(2B) EA 1 $3,500.00 $3,500.00 1 $3,500.00 100% - $0.00 - 37 611 (E) Inlet CICI DES. NO, 2 C) w/access MH EA 1 $5,000.00 $5,000.00 1 $5,000-00 100% - $0.00 - 38 611 (E) Inlet CICI DES. NO. 2(D) EA I $3,600.00 $3,600.00 1 $3,600.00 100% - $0.00 - 39 611 (E) Inlet CICI DES. NO. 3(B) EA 4 $3,600.00 $14,400.00 5 $18,000.00 125% 1 $3,600.00 - 40 611 (E) Inlet CICI DES. NO. 3(B) w/access MH EA 7 $5,300.00 $37,100.00 8 $42,400.00 114% L $51300.00 41 611 (E) Inlet CICI DES. NO. 3(C) EA 1 $4,000.00 $4,000.00 1 $4,000.001 100% $0.00 42 611 (E) Inlet CICI DES. 1\10,3(C) w/access MH EA 2 $5,600 $11,20 .001 2 i $11,200.00 100% $0.00 43 611 (E) Inlet CICI DES. NO. 3(D) EA 1 $4,300.00 6' A 44 611 (E) Inlet CICI DES. NO. 4(B) I FA - Page 1 of 2 No. Description Unit Sch. I Quantity Unit Cost Contract Cost Spent Quanfit, Spent Cost I % Spent Adjustment I Add. Cost I - 45 611 (E) Inlet CICI DES. NO. 4(B) w/access MH EA 1 $6,200.00 $6,200.00 1 $6,200.00 100% - $0.00 - 46 611 (E) Inlet CICI DES. NO. 4(C) EA 2 $4,700.00 $9,400.00 2 $9,400.00 100% - $0.00 - 47 611 (E). Inlet SDI DES. 2 EA 1 $1,700.00 $1,700.00 2 $3,400.00 200% 1 $1,700.00 - 48 612(G)l Water Valves Adjust to Grade EA 12 $150.00 $1,800.00 12 $1,800.00 100% - $0.00 - 49 612(H) Water Meter Boxes Adjust to Grade EA 12 $150.00 $1,800.00 12 $1,800.00 100% - $0.00 50 613(B) 15" RCP Class III LF 1,171 $30.00 $35,130.00 1,239 $37,170.00 106% 68 $2,040.00 - 51 613(B) 18" RCP Class III LF 903 $33.00 $29,799.00 1,123 $37,059.00 124% 220 $7,260.00 - 52 613(B) 24" RCP Class III LF 852 $42.00 $35,784.00 852 $35,784.00 100% - $0.00 - 53 613(B) 30" RCP Class III LF 155 $58.00 $8,990.00 155 $8,990.00 100% $0.00 - 54 613(B) 36" RCP Class III LF 231 $72.00 $16,632.00 231 $16,632.00 100% - $0.00 - 55 613(B) 19"x30" RCP Ell Class HE-111 LF 240 $84.00 $20,160.00 240 $20,160.00 100% - $0.00 56 613(D) 36" CGSP LF 70 $42.00 $2,940.00 110 $4,620.00 157% 40 $1,680.00 - 57 613(M) 24" PCES - Round EA 2 $500.00 $1,000.00 2 $1,000.00 100% - $0.00 - 58 613(P) Perforated Pipe Underdrain - 4" PVC Sch 40 LF 9,400 $4.00 $37,600.00 9,400 $37,600.00 100% - $0.00 - 59 619(B) Remove 3'x2'RCB LF 85 $18.00 $1,530.00 85 $1,530.00 100% - $0.00 60 61 9(B) Remove Dual 6'x3'RCB LF 25 $30.00 $750.00 25 $750.00 100% - $0.00 - 61 619(B) Remove 12" CMP LF 39 $5.00 $195.00 39 $195.00 100% - $0.00 62 619(B) Remove 12" Steel Pipe LF 22 $5.00 $110.00 22 $110.001 100% - $0.00 - 63 619(B) Remove 12" RCP LF 77 $5.00 $385.00 77 $385.00 100% - $0.60 64 619(B) Remove 18" RCP LF 125 $5.00 $625.00 125 $625.00 100% - $0.00 - 65 619(B) Remove 24" CMP LF 77 $5.00 $385.00 77 $385.00 100% - $0.00 66 619(B) Remove 1.9'x2.9 RCP Ell LF 20 $5.00 $100.00 20 $100.00 100% - $0.00 67 619(B) Remove Drop Inlet EA 1 $150.00 $150.00 1 $150.00 100% - $0.00 - 68 619(B) Remove DGDI EA 2 $150.00 $300.00 2 $300.001 100% - $0.00 69 619(B) Remove Headwalls EA 6 $150.00 $900.00 6 $900.001 100% - $0.00 - 70 619(B) Removal of Existing Asphalt Pavement SY 14,999 $1.00 $14,999.00 14,999 $14,999.001 100% - $0.00 - 71 619(B) Removal of Existing Concrete Pavement SY 900 $5.00 $4,500.00 900 $4,500,00 100% - $0.00 � 72 619(B) Removal of Concrete Sidewalk _619(B) SY 255 $5.00, $1,275.00 255 $1,275.00 100% - $0.00 73 Removal of Concrete Curb LF 616 $1.00 $616.00 616 $616.00 100% - $0.00 74 619(C -) Sawcut Pavement LF 750 $2.00 $1,500.00 750 $1,500.00 100%j - $0.00 - 75 625(E) Remove and Reconstruct 4' Chain Link Fence LF 1,300 $8.00 $10,400.00 1,000 $8,000.00 77% - $0.00 76 641 Mobilization LS 1 $20,000.00 $20,000.00 1 $18,000.00 90% - $0.001 77 642 Contractor Construction Staking LS 1 $24,000.00 $24,000.00 1 $24,000.00 100% - $0.00 - 78 ..Traffic Signal LS 1 $80,000.00 $80,000.00 1 $64,000.00 80% - $0.00 79 619(B) Removal of Existing Signs EA 12 $27.00 $324.00 12 $324.00 100% - $0.00 - 80 850(B) Sheet Aluminum Signs SF 56 $17.00 $952.00 - $0.00 0% - $0.00 81 851 (B) Galvanized Steel Pipe Posts LF 168 $9.00 $1,512.00 - $0.00 0% - $0.00 82 509(B) Class A Concrete For Signs) CY 1 $320.00 $320.00 - $0.00 0% - $0.00 83 854(A) Traffic Stripe White (Paint) (4 inch wide) LF 9,400 $0.15 s1,410.00 - $0.00 0% - $0.00 - 84 854(A) Traffic Stripe Yellow (Paint) (4 inch wide) LF 18,800 $0.15 $2,820.00 - $0.00 0% - $0.00 85 855(B) . Traffic Arrow (Thermal Plastic) EA 40 $60.00 $2,400.00 - $0.00 0% - $0.00 - 86 616(A) ....Ductile Iron Pipe (Lined) - 12" Water LF 100 $70.00 $7,000.00 593 $41,510.00 593%1 493 $34,510.00 87 616(D) Fittings for Water Pipe - 12" EA 4 $500.00 $2,000.00 12 $6,000.00 300%1 8 $4,000.00 - 88 703(A) Aggregate Bedding -.Type A CY 27 $28.00 $756.00 83 $2,324.00 307%1 56 $1,568.00 89 407 Tack Coat GAL 28 1 $2.00 $56.00 28 $56.00 100% $0.00 - 90 411 (A) ACC Type "A" (PG-64-22 OK) TON 94 $36.00 $3,387.60 126 $4,527.36 134% 32 $1,139.76 - 91 411 B ACC Type "B" (PG-64-22 OK) TON 31 $45.00 $1,413.00 65 $2,916.00 206% 33 $1,503.00 - 92 Construction Traffic Control LS 1 $28,000.00 $28,000.00 1 $25,200.00 90% $0.00 93 Brentwood LS Removal LS 1 $115000.00 $115,000.00 I I $115,000.00 100% $0,00 ITOTAL $2,472,065.20 $2,548,209.10, $129,277.90 City of Owasso Public Works Department 301 West 2nd Avenue P.O. Box 180 Owasso, OK 74055 (N 129TH EAST AVENUE TO N 145TH EAST AVENUE) No. Description Unit Sch. I Quantity Unit Cost Contract Cost Spent Spent Cost Quantity I �%Spentstnaent Add. Cost 2 _.202(A) Unclassified Excavation CY 10,650 $8.00 $85,200.00 10,929.00 $87,432.00 103% 279 $2,232.00 3 202(B) Muck Excavation CY 300 $8.00 $2,400.00 1,051 $8,408.00 350% 751 $6_0_08.00 4 202(C) Unclassified Borrow CY 2,300 $3.00 $6,900.00 3,051 $9,153.00 133% 751 $2,253.00 12 307(B) Lime Treated Subgrade (8") SY 35,384 $1.00 $35,384.00 35,905 $35,905.00 101% 521 $521.00 13 325 Separator Fabric for Bases SY 42,530 $0.80 $34,024.00 43,051 $34,440.80 101% 521 $416.80 15 411 (A) ACC., Type A (PG-64-22)(Detours) TON 377 $36.00 $13,572.00 979 $35,25034, 260% 602 $21,678.84 16 414(A) P.C. Concrete Paving (9 1/2" Thick -Dowel Jointed) SY 33,372 $29.00 $967,788.00 33,901 $983,129.00 102% 529 $15,341.00 17 414(B) P.C. Concrete Paving (6"-H.E.S.-for Drives) _(B SY 2,590 $28.00 $72,520.00 2,616 $73,248.00 101% 26 $728.00 21 50_9 ) Class A Concrete CY 34 $500.00 $17,000.00 60 $29,750.00 175% 26 $12,750.00 22 511 (A) Reinforcing Steel LB 2,606 $0.60 $1,563.60 6,306 $3,783.60 242% 3,700 $2,220.00 25 609(A) 6" Integral Barrier Curb, New Construction LF 9,474 $3.50 $33,159.00 9,475 $33,162.50 100%H 1 $3.50 30 611 (D) Manhole Frame and Cover EA 21 $275.00 $5,775.00 24 $6,600.00 114% 3 $825.00 39 611 (E) Inlet CICI DES. NO. 3(B) EA 4 $3,600.00 $14,400.00 5 $18,000.00 125% 1 $3,600.00 40 611 (E) Inlet CICI DES. NO. 3(B) w/access MH EA 7 $5,300.00 $37,100.00 8 $42,400.00 114% 1 $5,300.00 47 611 (E) Inlet SDI DES. 2 EA 1 $1,700.00 $1,700.00 2 $3,400.00 200% 1 $1,700.00 50 613(B) 15" RCP Class III LF 1,171 $30.00 $35,130.00 1,239 $37,170.00 106% 68 $2,040.00 51 613(B) 18" RCP Class III LF 903 $33._00 $29,799.00 1,123 $37,059.00 124% 220 $7,260.00 56 613(D) 36" CGSP LF 70 $42.00 $2,940-00 110 $4,620.00 157% 40 $1,680.00 86 616(A) Ductile Iron Pipe (Lined)_- 12" Water LF 100 $70.00 $7,000.50- 593 $41,510.00 593% 493 $34,510.00 87 616(D) Fittings for Water Pipe - 12" EA 4 $500.00 $2,000.00 12 $6,000.00 300% 8 $4,000.00 88 703(A) Aggregate Bedding - Type A CY 27 $28.00, $756.00. 83 $2.324.00, 307% 56 $1,568.00 90 411 (A) ACC Type "A" (PG-64-22 OK) TON 94 $36.00 $3,387.60 126 $4,527.36 134% 32 $1,139.76 91 411(B) ACC Type "B" (PG-64-22 OK) TON 31 $45.00 $1,413.00 65 $2,916.00 33 $1,503.00 TOTAL $1,410,911.201 1 $1,540,189.10, - $129,277.90 Page 1 of 1 TO- HONORABLE MAYOR AND CITY COUNCIL CITY OWASSO FROM: Or r P.E. SENIOR CIVIL ENGINEER I th"WR yl, ffF11 'I ATE ® June 3, 2004 In July 2003, Council approved the construction of the Phase I of Fairways Drainage Improvements, which included the construction of a berm and modifications to the existing storm sewer system downstream from the 91h fairway of the Bailey Ranch Golf Course, Phase I, which provides protection against flooding to homes located downstream from the 9`h fairway, was completed in December 2003. however, additional work is necessary to improve the deficient drainage system immediately upstream of the 9th fairway. The intent of this project (Phase II) is to combine what was originally proposed by our consultants (Benham) in two (2) future phases of work (Phase II and Phase III) into a single project that will accomplish the desired results at a significantly lower cost than originally anticipated. The original plan involving these two phases of work was estimated at a total cost of $427,800. Estimated cost of the proposed improvements is approximately $124,000. PROJECT DESCRIPTION - Phase II of improvements will focus on the vicinity of the intersection of Fast 92" d Street North and North 102 d East Avenue in the Fairways II subdivision (see Attachment A). A recent drainage study completed as part of Phase I improvements identified the capacity of a pair of existing 24minch pipes (connecting the sump inlet on North 102" d East Avenue to a headwall located in the 9ch fairway of the golf course) as inadequate to convey the runoff that currently collects at the inlet. These pipes currently have a capacity to convey only the 2-year storm. Thus, any storm event in excess of 2-year may result in localized flooding, The City considered several options to modify the drainage system currently in place. Benham investigated preliminary options and Public Works staff reevaluated options for reducing the stormwater flow in the street to a level that ;will a11—r the existing inlet and 24mrnch pipes to carry the 100-year storm event. The proposed drainage modifications build on the work completed in Phase I to further enhance control of storinwater runoff during events up to and including a 100-year storm. Fairways Drainage Improvements Phase 11 Page 2 of 3 Studied alternatives include: Alternative 1: Replace Existing System: This preliminary plan developed by Benham involves the replacement of existing storm pipes with conduit of significantly larger capacity (see Attachment E). Drainage system modifications would be accomplished in two phases based on available budgeted funds. The existing 24-inch pipes would be replaced by a 6-ft by 4®ft reinforced concrete box in the first phase. The second phase would be to replace approximately 460 linear feet of 24-inch storm drain with a 4-ft by 4- It reinforced concrete box that would collect flow from additional inlets installed at the intersection of N 102nd East Avenue and East 92nd Street North. An estimate of probable construction costs for both phases in the amount of $427,800 was prepared by Benham. Alternative 2: Divert Flow from Existia System: This alternative was prepared by Public Works Engineering Division staff and consists of intercepting and diverting runoff from approximately 72 percent (22.4 acres) of the area that currently drains to the 24®inch pipes, The flow would be intercepted by increasing the number of inlets at the intersection of North 102nd East Avenue and East 92nd Street North and plugging the existing 24-inch pipe that connects the northern portion of the drainage basin to the sump inlet, which drains to a pair of 24®inch pipes (see Attachment Q. Plugging the 24-inch pipe at its upstream end would effectively limit the flow passing through the pair of 24minch pipes to the southern 28 percent (8.7 acres) of the existing drainage basin. The intercepted stormwater would be diverted to the 9th fairway by installing approximately 420 linear feet of 48-inch storm pipe along the south side of East 92nd Street North in the right-of-way and extending southward to a proposed outlet west of the ninth fairway. Public Works staff recommends that additional inlet capacity be provided at the intersection of Forth 102nd East Avenue and East 92nd Street North and that new storm pipes be installed to divert flow to the 9th fairway as described in Alternative 2. This alternative represents the most cost-effective option for controlling localized flooding caused by storm water runoff upstream of the 9th fairway. Since January 2004, Engineering Division staff has been working to produce drawings and documents for the construction of the proposed drainage improvements. Currently, design is 95% complete. Final review and quality assurance/quality control are currently in process. An estimate of probable costs in the amount of approximately $124,000 has been attached (see Attac hment D). Fairways Drainage Improvements Phase lI Page 3 of 3 A projected schedule for implementation of improvements is as follows: July 1, 2004 July 22, 2004 August 3, 2004 August 16, 2004 October 16, 2004 Bid Advertisement Bid Opening Contract Award Construction Start Construction Complete 1. Attachment A - Site Map — Fairways Drainage Improvements 2, Attachment I3 - Alternative 1 — Fairways Drainage Improvements 3, Attachment C - Alternative 2 — Fairways Drainage Improvements 4, Estimate of Probable Project Cost Owasso P.v: Works Department Owasso, °as\ \ \\ OK � 74055 918.272.4996 www.cityofowasso.com 322 TXf -IMPROVEMENTS N a� S \\� st2n Streeso, OK 74055 MM 918.272.4959 918.272.4996 www.cityofowasso.com N S � G A" 4 HOOD I FI�'NG RATE 00 D M t IE ' 11vt)C G 9 Owasso,Street 918.272.4959 918.272.4996 -Tz .5-I-4'I .,S9 i NC Rr'"S 92 A: JIW.JCTION BOY _�.0Q PROPOSED 48-INCH OUTLET ALTERNATIVE 2w FAIRWAYS D IMPROVEMENTS s V 11 PROJECT: Fairway Phase 11 Drainage Modifications DATE: June 3, 2004 PREPARED BY: 'klLjrre ITEM NUMBER DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION 1 UNCLASSIFIED EXCAVATION L. SUM 1 $3,500.00 $3,500.00 2 SOLID SLAB SODDING 715 $2.25 $1,608.]75 3 TYPE I GROUTED RIP -RAP S.Y. 45 $75.00 $3,375.00 4 6'X6'JUNCTION BOX w/ LID EA. 2 $8,500.00 $17,000.00 5 CONCRETE PAVEMENT, REMOVE R--REPLACE S.Y. 42 $54.75 $2,299.50 6 6" CONCRETE DRIVEWAY, REMOVE & REPLACE S.Y. 16 $63.25 $1,012.00 7 4'WIDE CONCRETE SIDEWALK, REMOVE & REPLACE L.F. 160 $16.50 $2,640.00 8 NEW CONCRETE SIDEWALK L.F. 155 $14.00 $2,170.00 9 FIRE HYDRANT RELOCATION L. SUM 1 $1,200.00 $1,200.00 10 TRENCH DRAIN, GRATES, HOODS & BOXES EA. 1 $18,500.00 $18,500.00 11 48" HDPE STORM SEWER PIPE L.F. 432 $90.00 $38,880.00 12 SHRUB REMOVAL & REPLACEMENT EA. 6 $250.00 $1,500.00 13 CONCRETE HEADWALL - 48" EA. 1 $2,475.00 $2,475.00 14 -MODIFICATIONS TO EXISTING INLETS L. SUM 1 $1,300.00 $1,300.00 15 REMOVAL OF EXISTING PIPE & INLET L. SUM 1 mRp$1,500.00 $1,500.00 m. 16 TEMPORARY SILT FENCE L.F. 400 $2.10 $840.00 17 CONSTRUCTION STAKING L. SUM 1 $3,000.00 $3,000.00 18 RELOCATION OF EXISTING WATERLINE L. SUM 1 $10,000.00 $10,000.00 TOTAL $112,800.25 Contingency @ 10% $11,280.03 Estimate of Probable Construction Cost $124,080.28 Say: $124,000.00 1� 1/ - ' • t ► ; Ohl ENGINEERINGSUBJECT: REVISED AGREEMENT FOR DESIGN PHASE I WATER SYSTEM IMPROVEMELITS On August 20, 2002, City Council approved a contract for engineering design services for Water System Improvements (Phase I) with the Denham Companies, Inc. (Benham) in the amount of $431,840. The scope of services included the design of a water booster station, approximately 16,000 linear feet of transmission main (based on preliminary routing presented in the Water Master Plan Report, 2001) and a two -million gallon elevated storage tank. The estimated construction cost for the anticipated improvements approximated $8.8 million. During the preliminary design phase (Pall 2002 — Spring 2003), several alternative transmission main routes along with different storage tank and booster pump station locations were investigated. Following negotiations for the location of the new elevated storage tank located near E. 1061h Street North and N. Garnett Road, routing for the new transmission main was expanded from 16,000 to 28,250 linear feet to reflect applicable site conditions and more feasible line locations. The new proposed transmission main was being designed to connect to the City of Tulsa existing 24-inch transmission main at 76th Street Forth and proceed north along Mingo Road to the new elevated storage tank. From April 2003 to February 2004, design of the 2-million gallon elevated storage tank was completed. In March 2003, Public Works personnel became aware that the City of 'Tulsa was exploring the possibility of constructing a north water loop. Such a loop would extend their main along N. Memorial Drive to approximately E. 106"' Street North. This extension would allow the City of Owasso to connect at the N. Memoginl l)r.vp and _ t Oi6tl' Street North intersection. As a result, the City commissioned Benham to evaluate potential savings that may result from the new line alignment. Preliminary investigations reported a savings of $1.5 million in construction Revised Agreement Engineering Design Services Page 2 of 3 costs. Additionally, the new service connection location potentially would result in better service to the City of Owasso. From June to September 2003, the project progress slowed as Benham and Tulsa staff periodically discussed water pressures and other delivery issues. In September 2003, due to uncertainties in the interconnection point and in order to keep as close to schedule as possible, authorization was given to the consultant to proceed with the original plan (finish design for connection to the existing 24®inch transmission main at E. 76th Street North). On September 25, 2003, Benham presented contract Amendment No. 1 for supplemental work. The amendment was necessary to accommodate additional work tasks associated with the increased length of water transmission main from 16,000 linear feet to 28,520 linear feet based on the alignment recommended in the Preliminary Design. The additional fee reflected increased costs of subcontractors (i.e. surveyor, geotechnical and land acquisition) as well as costs for the additional engineering drawings. In December 2003, Tulsa once again reiterated its interest to expand its water service to E. 1061h Street North. In early Spring 2004, Tulsa provided a letter of commitment to the City for the construction of the north water loop. Subsequently, previous transmission design work (south of 106th Street North) was abandoned and further processing�of Amendment No. 1 was cancelled. (It is important to note that the engineering effort spent to December 2003 in the design of the water main alignment along N. Mingo Road has become the property of the City of Owasso. This information will be very useful in the design of future improvements to the water distribution system needed between E. 861h Street North and E. 106t" Street North.) NEW A EMENT® Because of the scope of work change and the possibility of funding this portion of the design by Vision 20251, City staff believes it is beneficial to void the remaining portion of the original agreement and create a new agreement to incorporate the remaining design work. It is our understanding that Vision 2025 funds can be allocated to design work not already paid. To date, a portion of the work tasks included in the original agreement and those proposed in the amendment have been completed (see Attachment B). The work completed in the amount of 428,741 still remains below the original approved fee of $431,840, however. With incorporation of the additional work tasks, the total fee to complete engineering design will be $534,736 (representing an additional increase of $102,896 over the original fee proposed). The fee paid to date is $329,775. Staff proposes to terminate the original contract at this point. A new contract in the amount of $204,925 to complete all remaining elements of the project 1 Vision 2025 requires that any agreement be signed no earlier than September 10, 2003 to be approved for reimbursement. Revised Agreement Engineering Design Services Page 3 of 3 (including some work tasks already performed in the proposed amendment) is included (see Attachment Q. The revised scope of work includes the design of water transmission and distribution system improvements as follows: — Transmission line (30-inch) between E. 106th Street North and N. Memorial Drive and the new elevated water storage tank; — Transmission line (24®inch) between the storage tank and E. 99`h Street North and N. Garnett Road; — A booster pump station to be located in the base of the storage tank; — A master meter vault at E. 106"' Street North and N. Memorial Drive and necessary interconnections to the existing service system. Funding for the new Agreement for Engineering Services for the amount of $204,925 will be obtained from elision 2025. ATTACHMENTS: 1. Attachment A — Water System Improvements Map 2. Attachment B — Revised Engineering Fee Computations 3. Attachment C -- Agreement for Engineering Services : »:» 4:d!»:y»\ Owasso,\ \ :: 918.272.4996 www.cityofowasso.com \l ,t°^\%«/) umal 2\51»» OWASSO WATER SYSTEMS COMPONENT DESIGN PROJECT TRANSMISSION LINES, WATER TOWER AND BOOSTER PUMP STATION REVISED ENGINEERING FEE COMPITTATION JUNE 1, 2004 IGINAL AGREEMENT BASIC SERVICES $ 18,780.00 PHASE I DESIGN REPORT $ 60,290.00 PHASE 2 FINAL PLANS FIELD SURVEYS $ 39,940.00 GEOTECHNICAL INVESTIGATION $ 7,760.00 PROPERTY ACQUISITION $ 17,286.00 PLANS AND SPECS BOOSTER STATION $ 11,850.00 PLANS AND SPECS WATER TOWER $ 58,860.00 PLANS AND SPECS TRANS LINE $ 61,557.00 PLANS AND SPECS TRANS LINE $ 30,779.00 PLANS AND SPECS TRANS LINE $ 7,604.00 PERMITS $ 5,775.00 BIDDING SERVICES $ 5,000.00 CONSTRUCTION ADMINISTRATION $ 860.00 SUBTOTAL $ 326,341.00 PROPOSED AMENDMENT NO.I SUPPLEMENTAE WORK BASIC SERVICES FIELD SURVEYS $ 19,155.00 GEOTECHNICAL INVESTIGATION $ 2,440.00 PROPERTY ACQUISITION $ m PLANS AND SPECIFICATIONS $ 57,742.00 HYDRAULIC ANALYSES $ 16,027.00 ADDITIONAL SERVICES $ 7,000.00 SUBTOTAL $ 102,364.00 TOTAL $ 428,705.00 SUBTOTAL ORIGINAL CONTRACT PLUS AMENDMENTS PROPOSED CHANGE I 5,300.00 18,000.00 2,700.00 36,000.00 17,500.00 26,495.00 05,995.00 534,700.00 AMENDED TOTAL AMOUNT $ 534,700.00 PAID TO DATE $ (329,775.00) mm NEW CONTRACT AMOUNT $ 204,925.00 ATTACHMENT PhaseCity of Owasso, Oklahoma Upper Service Plane Water System Improvements Project Transmission Elevated Water Storage Phase 2 -30-Inch Water Transmission Line at '' AGREEMENT,THIS r.,di and entered between the Owasso, • ,r hereinafter referred to as CITY, and The referred to as ENGINEER; WITNESSETH: into day of June,;;; 004, Municipal Corporation,of Oklahoma, Benham Companies, Inc., hereinafter 7"THEREAS,L ind 30-inch water transmissil lines, water booster pump station, and distribution system improvemen hereinafter referred to as the RR and, requiresWHEREAS, CITY connection WHEREAS, ENGINEER, is prepared to provide such SERVICES, - NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SCOPE OF PROJECT., Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. Z SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE m E SERVICES, which i attached hereto and incorporated by reference as part of this AGREEMENT. attached3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matte described in Attachment C, RESPONSIBILITIES OF THE CITY, which hereto and incorporated by reference as part of th AGREEMENT. I City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 1 4. COMPENSATION. CITY shall pay ENGINEER in accordance witL7 Attachment D, COMPENSATION which is attached hereto arTf- incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 7.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 2 cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4 Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record 7.5 ENGINEER'S deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer -gene rated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8.2 Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9.2 ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. City ofOwasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement 1�011MIIII�-4 Ni 10.1 CITY agrees ., ` allconstructioncontracts ri provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's ENGINEER 10.2 CITY shall require construction contractor(s) to name CITY and liability a♦i 12.1 During the performance AGREEMENT, ENGINERE shall maintain the following insurance: 12.1.1 General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and note less than taggregate, and agR limits of not aggregate.less than $100,000 for each occurrence and not less than $100,000 in the 12.1.2 Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than 100,000 for each accident. 12.13 Worker's Compensation Insurance in accordance with Statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence, 12.1.4 Errors and Omissions Insurance to remain in effect durin*, Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 4 certificates12.2 ENGINEER shall furnish CITY a 'shall includeir. provision that such insurancr shall not be canceled without at least 30 days written notice to the CITY. 13.1 All documents, includingoriginal 'r i" estimates, specifications, field notes and data shall become and remain the property o.: the CITY. 13.2 r ITY'S reuse of such documents without written verification or adaptation by _ .R for the specifico,, " dr shalli.e. at CITY'S risk. 14.1 The obligation to continue SERVICES underAGREEMENT may be terminated by either party uponfifteen days r.. written .r notice accordancein the event of substantial failure by the other party to perform in `;A3terms hereofthrough R party.terminating 15., NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepared, to the address specified below. ToCITY: City of Owasso, Oklahoma P.O.o 180 Owasso, Oklahoma 74055 Attention: F, Robert Carr, Jr. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 5 To ENGINEER: The Benham Companies, Inc. 1 West 3rd St., Suite 100 Tulsa, Oklahoma 74103 Attention: Mr. Thomas D. Mansur 15.1 Nothing contained in this Article shall be construed to restrict the — transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall b2i considered to be in default of this AGREEMENT if delays in or failure performance shall be due to forces which are beyond the control of t parties; including, but not limited to: fire, flood, earthquakes, storm lightning, epidemic, war, riot, civil disturbance, sabotage; inability procure permits, licenses, or authorizations from any state, local, federal agency or person for any of the supplies, materials, accesses, services required to be provided by either CITY or ENGINEER under th AGREEMENT; strikes, work slowdowns or other labor disturbances, a judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be constru by a court of competent jurisdiction as unenforceable, such portion sh be severed herefrom, and the balance of this AGREEMENT shall rema in full force and effect. 11 City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 6 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independen) consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES jereut4er. 21. APPROVAL. It is understood and agreed that all work performed und this AGREEMENT shall be subject to inspection and approval by th',--,'� Public Works Department of the City of Owasso, and any plans specifications not meeting the terms set forth in this AGREEMENT will b replaced or corrected at the sole expense of the ENGINEER. Th 11 ENGINEER will meet with the City staff inally and monthly thereafter an*,. will be available for public meetings and/or City of Owasso presentations. 2Z KEY PERSONNEL. In performance of the SERVICES hereunde ENGINEER has designated Mr. Thomas D. Mansur, P.E. as Proje Manager for the PROJECT, ENGINEER agrees that no change will made in the assignment of this position without prior approval of CITY. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 7 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the it executed by the or of the -City of Owasso. 9M=' APPROVED AS TO FORM - City Attorney I ITJ rg I I mg, 112i,ERu I I[ q1"'141 (SEAL) A Municipal Corporation (SEAL) City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 8 FIVILAT-601 A. SCOPE OF PROJECT. The PROJECT consists of the construction of various improvements to the CITY'S water transmission and distribution system. These improvements include a 30-inch transmission line between 106th and North Memorial Drive and the CITY'S new elevated water storage tank, a 24-inch transmission line between said storage tank and 99th and it Garnett Road, a booster pump station in the base of said storage tank, and service an separation valving. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 9 City of Owasso, Oklahoma Upper Service Plane Water System Improvements Project Phase 1 - 30-Inch and 24-Inch Transmission Line, Phase 2 - 30-Inch Water Transmission Line M. 13.1. BASIC SERVICES The Basic Services of the ENGINEER shall include, but are not necessarily limited to, the following tasks: 1. Designate a representative to coordinate all information between the ENGINEER and the CITY. 2. Designate a quality review team. The team shall consist of, as a minimum, a principal in the firm not associated with day-to-day design work of this PROJECT. 3. Document all meetings and conferences. Send documentation tc AUTHORITY within five (5) working days. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 10 4. Attend meetings with CITY, other CITY consultants, utility companiell. and other administrative and/or regulatory agencies. I MMM 7. Furnish engineering design data, where necessary, for the coordination of the PROJECT with other local projects or with State or Federal Authorities. B.2. HYDRAULIC ANALYSIS AND ENGINEERING REPORT. Upon receipi of a Notice to Proceed, the ENGINEER shall prepare the Engineering Report. The work performed during this phase of the SERVICES shall include, but is not necessarily limited to, the following tasks: Project Kickoff a. Confer with the AUTHORITY to review PROJECT requirements, to discuss scheduling of the work and to discuss submittal requirements for this phase of the work, City ofOwasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement d. Locate all above ground utility locations horizontally. e. Topography gathering will include but is not limited to, existing paving, drives, buildings, utilities and other features that may impact the design. f. Horizontal and vertical survey control based on NAD83, Oklahoma State Plane Coordinate System (horizontal) and USC & GS mean sea level. g. All benchmarks will be set from multiple existing points within the CITY. Where hydraulic interfaces are relevant, the topography also will be tied to the CITY of Tulsa base benchmarks on the USGS datum. Soils Borings. The ENGINEER shall contract for and obtain requisite soil borings for the various lines and structures in sufficient detail and depth to ascertain the likely conditions of construction and the associated costs thereof. 8. Engineering Report a. Summarize the, findings, conclusions, and recommendations for this phase of the project in report format. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 12 b. Report to include estimates of probable construction cost (i.e., total PROJECT cost including rights -of -way, construction, utility relocations, and engineering costs), durItion and phasing recommendations. C. Submit six (6) bound sets of the "DRAFT" ENGINEERING REPORT to the CITY for review and comment. i. The ENGINEER shall receive comments on the report from the CITY in writing. Changes will be incorporated accordingly and 8 copies of the "FINAL" ENGINEERING REPORT shall be submitted to the CITY. B.3. FINAL DESIGN DOCUMENTS. Upon approval of the ENGINEERING REPORT and upon receipt of a Notice to Proceed, the ENGINEER shall prepare the Final Design Documents for the PROJECT. Work performed during this phase of the SERVICES shall include, but is not necessarily limited to the following tasks: Progress Meetings. Confer with the CITY on a monthly basis to determine submittal requirements and schedule necessary revisions Progress Meetings 2. Environmental Information Document. The ENGINEER shall prepare new or revised Environmental Information Documents as required for those components of the work for which same is required. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 13 C. Plan sets will specifically include but not to be limited to the following Sheets: 1. Cover Sheet 2. Project Overview 3. General Notes 4. Pay Quantities and Notes 5. Plan and Profile Sheets 6. Pump Station Plan 7. Pump Station Details 3. Valve Vault Sheets with Sections and Details 9. Standard Drawings 10. Special Drawings . Traffic Controls Plans b. Project Sign d. Topography for the PROJECT will be developed using ground surveying procedures. Property lines will be established using information obtained from available land data, dedication plats, filed deeds and easements. prepare4. The ENGINEER shall e ccal specifications,special supplementprovisions, and other construction Contract Documents as required to ble Specifications and Contract Documents (ODOT and Standard City of Owasso). 5. The ENGINEER will prepare 66ENGINEER'S ESTIMATE" of construction costs wing final quantities and current unit prices. revisions6. The ENGINEER shall participate in the office and field review of plans and Documents as required during the design phase and make plans as required B.4. GENERAL SERVICES DURING BIDDING PHASE. Upon approval of the Final Design Documents, and upon City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 14 receipt of a Notice to Proceed, the ENGINEER shall provide the followin-#, SERVICES. The Work performed during this phase of the SERVICE.* shall include, but is not necessarily limited to the following tasks: 1 Provide assistance to the CITY during the bidding process. a. Prepare proposal and bid Documents and submit plans and proposal to be used in the bidding process. b. Conduct the pre -bid conference. C. Prepare any addenda. d. Prepare bid tabulations. e. Analyze bids and make recommendation for award of the construction Contract. 2. Conduct the pre -work conference and furnish advice to the CITY as requested. 3. Review and approve Contractor's shop Drawings and material testing submittals. 4. Visit the site of the various construction activities from time -to -time throughout the construction period to ascertain the general progress of the projects. 5. Provide general assistance to the the CONTRACTOR and CITY with the start-up and commissioning of the booster pump station. 6. Furnish "As -Built" drawings from Inspector's Notes within 45 days of receiving said notes. "As-Builts" will be provided on CD in computerized format. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 15 City of Owasso, Oklahoma 'Jpper Service Plane Water System Improvements ~' PhaseandTransmission Transmission and Booster Pump Station i" C. RESPONSIBILITIES r provide servicesinformation and as provided herein in a manner that causes undue delays in the performance of the SERVICES by the ENGINEER. 1 INFORMATION, The CITY shall furnish, as requested and required by t. ENGINEER and at no expense to the ENGINEER, information relative the design and construction of the PROJECT. Records, reports, flip-.. drawings, any data available in the files of the AUTHORITY, which may be useful in the work, involved under this AGREEMENT. Ce102 Standard drawings, _Contract Documents, and specifications. C.2 ACCESS. The AUTHORITY shall furnish and i ke all provisions for the ENGINEER to enter upon public or private property as required ENGINEER to perform his SERVICES under this AGREEMENT. C3.1 Furnish legal assistance as required in the preparation, review and approval of Construction Documents. G locating, exposing and relocating existing utilities and/or their proposed future extensions. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 16 C V-0.4 DOCUMENT REVIEW. The CITY shall examine all studies, reports, sketches, estimates, Specifications, Drawings, proposals, and other Documents presented by the ENGINEER and the CITY shall render in writing all decisions pertag thereto within a reasonable time so as not to delay the SERVICES of the ENGINEER. C.5 MISCELLANEOUS ACTIVITIES., The CITY shall be responsible for the conformance of construction contract documents, oversee and direct Contractors' assembly of bonds and affidavits, and approve and execute same. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 17 City ofOwasso,Oklahoma r • is e i' Zooster Pump Station UNIff l � -. 111.1. HYDRAULIC SERVICES - provided de t c n - AUTHORITY ,R� pay the lump sum fee of $ payable as the work progresses. 4 e FINAL DESIGN, For SERVICES provided under Attachment B, the CITY Shall pay the ENGINEER a lump sum foe of , underD.3 GENERAL SERVICES DURING BIDDING AND CONSTRUCTION. F SERVICES provided ENGINEER a lump sum fee of $__ .4. TERMINATED ED SERVICES. If this AGREEMENT is terminated, ENGINEER Shall be paid for Services performed to the effective date of termination. expensesD.5.1 Progress payments shall be made in proportion to set -vices rendered and and and owing within thirty days of ENGINEER's submittal of his progress payment invoices. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 18 D.5.2 If the CITT fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.5.3 If the project is delayed, or if ENGINEER's services for the PROJECT are depayed or suspended for more than ninety days for reasons beyond ENGINEER's control, ENGINEER may, after giving fifteen it written notice to CITY, request renegotiations of compensation, or may terminate the AGREEMENT. City of Owasso, Oklahoma Upper Service Plane Water Systems Improvements Engineering Services Agreement Page 19 EOF THEYCCNTO: MEMBRIN CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ?L#22®( FOR APPOINTMENTS TO THE OWASSO PLANNING COMMISSION DATE: May 24, 2004 Pursuant to authority contained in Article «w«<tion 2-4, subsection (e) of the Charter of the -City qf Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. Appointments to the Owasso Planning Commission are made in June of each year. The Planning Commission is made up of five members, each of whom serves a thi-ee-year term. This year, two terms on the Planning Commission end on June 30"'. 31t 2:»i» « l t2f2«>:m »MO j(» 2 27, 2002 I±222 «!»»t cm»\»! inconsistent reasoning ?,< meeting .■meeting when makingdec2i» . . � , « ,: . ... ,. «� staff a<t J ofwillingness. «#« >« Coppic and <2%�«2:=.«4<«22�»....<Ko<t have indicated to the staff ¥ k\d« to continue serving the community on the Planning Ct«2«4» The r; <4\?! << determination # ypoint T «s to he Planning ® ,:: ,.� Council « 2; 2.< options <: « .«-_ Commission. 2J«w*/4»«t2: °,«2dwfy<2J;2«<process that was used #ylthe . �� board « 2<t«£» ?■#4, while r retaining©«2 current vacancies that existed on the . .. . a�� Planning Commission members unt§<«2 time as th »ea<ylcouncilselects other appointees, 2J second :td opti on would b#, #.»« »»2«p<2.an Mr. <w »« # new terms on Planning Commission that wouldexpire onJune 3t 2007. A third option would etooreappoint one member, and w use «the interview/selection »«c%«t#yd«o2«:embe. Based. - four described - upon . findings the staffrecommends « » 2v , » 2 reappoint x » !» «, Coppi nts" section of this . , �� memorandum,:..,e� .. _.»a .. Kevin »> y „ 2004 to June ,0 :::: i\ ƒ.�\b\ >z . . < 2f2(22£m�« L«<2L »�: ?d\\i$<»>«§.. . COUNCIL CITY OF + m SSO FROM: ERIC WILES /#\!\}\2d2 +L«LL+f±}LT DIRECTOR SUBJECT: REQUEST FOR APPOINTMENTS TO aH : OWASSO $ORD OF ADJUSM.,! Pursuant ,o authority contained in Article 2 Section 2 £ subsection (eof the Charter of ?b fOwasso, 21?»yrt «2l§k<e?ylishe ordinances thaprovide, generally, for the Mayor J appoint members to various boards, commissions, trustsand committees; such appointments subject to confirmationby the City Council. Additionally, the Council has established «1 same procedure, by precedent, for those appointments not specifically ? addressed yordinance. Appointments to thw Owasso Boar of »\x«aw are made « June of each year. The Board of Adjustment is «w3 up of »« ««2T«.each owhoms rvesatrey«t° term. This year, two Board . Adjustment . r . terms . � .;e; >« e,«a. «:� those served by Mr. David Hall aMr. :e. These:terms need ob filled b appointments from the y tw©» z2 the terms would run until June 30, 2007. nanattempt :,y:.2 the council members »§t::?c:»:*» as possible into the makeup of staff.<a.criteria2 ©»�. .. . «: 2t>2�:�t>«a:: «:». found....:a © reasonable :: : making decisions for appointing specific persons to 2that board. The first criterion used by the staff was one of attendance. Mr.f04 was )dim e Board of Adjustment by the City Council in June, 1998. Mr. Hall was appointed to the Board of Adjustment by theCity Council in April, 200£ The two currentterms of thesemembers end on June 4 \ Mr.foster has attended 24 out of30 Board 0£Adjustment meetings in this current term. Mc Hall hasattended 22 out of 30 Board of Adjustment mtisin this currentterm. The third criterion used by the staffwas one of fairness and consistency » the way that embers form their decisions on the teak of Adjustment a public ^m»?!s In the .,? a :2f *» <? OMNI RJNE 27,200 PAGE 2. records of a ».,? Foster ««m zn#... . .24, voting the \»} aanother with an y w ,z2«\w 2»» t «y J ?<t»?J » Jy<onm from meeting»22 »meeting»<«,«22 3k1». , . The fourth »§«it; used by the staff»�< «»f « willingness. Both Mr. Foster andMr. Hall have � czlki2?v<f¥ky\%� continue serving ©« Board ofAdjustment. .��...:.«».< »... . «� .. .. . . .. . � .. �, . . . . . , . - .». <:yt: « £»4»- »-.i «•«tom I »x #t 4<: a � -»2 J<:. . .. ».� . °:- :�< Council �r «i.. determination Adjustment. The firstoption would � to initiate <, interview © process that yf co n established ? February 2 0 while retaining 2« current<t«v\ #2Adjustment members time as the council ®\« «2tappointees.©2J second«t 4<« oudbeo reappoint«< :os 2\d\\ \,\ \:\z«t2 expire2007. z»»«.§w.i»«»,%«<t:21##z<«;±#aa.a:y\■«F4»«oulb«,#2wi?:onememt�<kouseth 2»«3< y2«4»t ®»y;#2 woyw member. Based upon the the four -Comments"section of memorandum, the staff recome dstha the Council e£y»n W. Ken Hall served the Board A Adjustment from Jul 1, 2004toJune 30, 2007. li;l '11[111 11 lki 5 11 111,11 111111111_ FROM: M°M. STEVENS ADMINISTRATIVE ASSISTANI o- E s i DATE: `ES 1'+ k ` £ 2004 4 The Sales 'Tax Watchdog Committee was initially formed as a part of the 1988 third penny sales tax election, The purpose for its formation was to create an oversight body comprised of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny sales tax and ensure t:he designated tax was used as required by the original ordinances On October 14, 2004, the voters of Owasso approved a measure that would extend the third penny sales tax for an indefinite period, This vote along with the approval of Ordinance No. 763 by the City Council, repealing the previous third penny sales tax ordinance, has resulted in the current Watchdog committee being dissolved and a new committee to be formed. On April 20, 2004, the Council approved a policy statement detailing criteria to be used as guidelines in order to define the membership of the committees The policy directs that the committee will be comprised of fourteen members representing various sectors of the community. appointments are for an indefinite duration or membership may be terminated upon the occurrence of certain events as stated in the policy regarding the stricture of the committee. A copy of the policy statement has been attached for your review. Sales Tax Watchdog Page 2 of 3 Notices detailing the conclusion of the- existing committee were mailed in December 2003 to all members of the committee and inquired as to their interest in continuing to serve in the same capacity on the new committee. To date, five of the previous members have expressed, in writing, their interest in continuing service on the new Watchdog Committee. Those members are Danny Ewing, Pam Holt, Michael Phillipi, Bob Barnes, and John Groth. .Also, the City published a `Notice of Vacancy" in the May 6, 2004 edition of the Owasso Reporter. This notice requested that any citizen interested in filling a vacancy on the Owasso Sales Tax Watchdog Committee may submit letters of interest to the City Clerk between the dates of May 10, 2004 and May 17, 2004. To date, no one has submitted a letter of interest from this public notice. The City's Talent Bank, made accessible to residents via the intereet, has a total of thirteen applicants who desire civic involvement through a city board or commission. Of these thirteen, six applicants have indicated an interest in the Watchdog Committee, all other applicants specify serving either "in any capacity" or on particular boards and commissions. Currently, the applications received will not constitute a committee with full membership. It appears that of those who have expressed an interest in serving, none meet the criteria for filling the slots of News Media, Service Business, Recreation, Building Industry, and Financial. Therefore, pursuant to the staff s recommendation, additional names have been added to a list of potential appointees. I have attached, for your review, the names of each individual who has declared their interest in serving on the Watchdog Committee along with the positions in which they are eligible to fulfill, It should be noted, that included in the list are names from other sources, such as those who applied for planning commission, board of adjustment positions, staff recommendations, etc. Sales Tax Watchdog Committee Page 3 of 3 It appears that there are three basic options available to the City Council as to the process of appointment to this committee. These options are: 1. From a Council / Staff generated list of potential appointees, the City Council could review the list and subsequently appoint members. 2. The City Council could schedule a time to conduct interviews of potential appointees, from a list of names of those to be interviewed generated by the Council and staff. 3. Each Councilor could bring for nomination three names of individuals they believe would make good committee members and who have expressed an interest in an appointment. Based on the above available options, it is the staff s position that a lengthy appointment process is not necessary. The use of option #1 seems to provide appropriate review and will still utilize the public input gained Rom the Talent Bank and the Public Notice. I have discussed the options with the City manager and find him in agreement with the staff s position. The staff recommends that action to appoint a Watchdog Committee be taken on June 15, 2004 and that the Council consider appointees be made from a list comprised of names generated from several sources including the City's Talent Bank, previous Watchdog Committee members, applicants for other positions, staff suggestions, and City Council suggestions. ATTACHMENTS: 1. Staff generated list of potential appointees from the previous committee, the Talent Bank, and applications from other boards and committees. 2. policy Statement approved April 20, 2004 Sales Tax Watchdog Committee Potential Appointees Staff Generated List as of June 0�` The following list of names have been comprised by the City staff from the City's Talent Dank, previous Watchdog committee members, applicants for other positions, and staff suggestions: News Media (1) slots (jerr amber (Ow, oReporte iettMorgan (Tulsa World) Retail Business (2) slots: Danny Ewing (Ewing Jewelry) N,,Pam Dolt (Countryside Flowers Service Business (2) slots: DJ Gall (Dirty Dawg Carwash) � �ey-( vWW ry (Mower's Funeral Dome) Education (1) slot: Recreation (1) slot: Building Industry (1) slot: David Boggs (®wasso4sPublic Schools ` Shdtj tj Limx®n onna Pepper (Community Build Park) Senior Citizen (1) slot: q Bob Barnes Financial (1) slot: �"-60wasso) Brenda Snow (F&M Bank),, 171, Members at Large (4) slots City t Bank Applicants Last Name Nightingale Email Address First Name Guy guy.nightingale@williams.com Adtlressl 9902 East 93rd Court Nth. Address2 Home Phone 573-2266 Work Phone 272-6884 Present Employer Williams Companies Employers Address P.O. Box 2400, MD-39-2 Position Internal Auditor ProUCivieActivities International Association of Auditors Board of Directors - Neighbors Along the Line - Sand Springs, Oklahoma Education Bachelors of Science - University of Wyoming BOA PlanningCom OEDA Watchdog Yes CIP Annexation Personel Board Why Do You Wish I believe in community service and would like to devote my volunteer time back in my home community. To Serve? Benefits From I believe in acountability to the people of Owasso. My background, over 23 years in the Corporate Having You Serve. business has allowed me to work on numerous projects that I personally feel can add value to the "watchdog" committee as we proceed to build and grow Owasso. Thursday, .lone 03, 2004 Page 12 of t6 ofUwasso TalentBank i Last Name Cadwell Email address First Name Gary garyCgarycadwell.com Addressl 9206 N. 103rd East Place Address2 Home P11on 918-376-9211 Work Phone 918-671-6610 Present Employe First Data Resources Employers address Tulsa Position Manager, Client Services Prof/CivicActivities Senior Director, Marketing and Vice -President for a large national not -for -profit association in Washington, DC Education Masters in Financial Services, Masters in Management BOA PlanningCom OEDA Watchdo CIP Annexation Personel Board Why Do You Wish My family and I recently moved from northern Virginia to Owasso to be closer to family. We've To Serve? experienced the fast pace and busy lives of the Eastern US culture. Consequently, we are appreciating the contrast of a slower pace with more time for family, church and other things. I appreciate the emphasis on character and values that our new community offers and I'm concerned about maintaining those values as we progress and grow. Benefits From I am willing to serve the Owasso citizens in any capacity that would help ensure a successful future of Having you Serve: maintaining a safe and wholesome environment during a period of growth, change and prosperity. Thursday, June 03, 2004 Page I of 16 Last Name Daniel Email Address First Name Albro adaniel@aciwireless.com Addressl 305 South Main Street Address2 Owasso, OK 74055 Home Phone 918-812-6309 Work Phone 918-590-2561 Present Employer MCI Employers Address 6929 N. Lakewood Ave., Tulsa Position Planning Engineer Prof/CIvicActivities September 1998-Present MCI August 1997-August 1998 Administration Officer, City of Tulsa Public Works, Customer Service January 1996-June 1997 Account Executive, Homes & Land Magazine January 1990-November 1995 Child & Adolescent Therapist, Private Practice and Hospital Education BA Psychology, Butler University, Indianapolis, IN MS Marriage & Family Therapy, Butler University, Indianapolis, IN BOA Yes PlanningCom Yes OEAA Yes Watchdog Yes CYP Yes Annexation Yes Personel Board Yes Why Do You Wish I want to help my community improve. To Serve? benefits From My background in mental health and business provides me with excellent listening skills and experience Having You Sevvee working within groups to reach goals and consensus among the members. This combined with my belief in individual rights and free markets will help Owasso become a city that attracts growth and opportunity. Thursday, June 03, 2004 Page 2 of 16 OwassoC.ity of Bank Applicants Last Name FERGUSON Email Address First Name JEFF gopokes@familynet.net Addressl 8808 N. 127TFI E. AVE. Address2 Home Phone 272-5658 Work Phone 877-6000 Present Employer CYNTERGY, LLC Employers Address 1307 S. BOULDER, SUITE 200 Position ASSOCIATE DIRECTOR OF MECHANICAL ENGINEERING Prof/CivieActivities I am a registered mechanical engineer in the State of Oklahoma. I have knowledge of building, mechanical, plumbing and fire protections systems in the retail, commercial, educational and industrial fields. I specifically design hvac, plumbing and fire protection (plans and specifications) in the above sectors. I also have knowledge of and implement building codes as they specifically relate to hvac, plumbing and fire protection systems. My children go to Mills Elementary and I have volunteered at a few school events. My wife, who holds a Communications degree, has worked as a voluteer at Mills Elementary as well as an employee of Owasso Schools in the Hodson Cafeteria. My family attends Tulsa Bible Church where I am a deacon. Education BSME, OSU MSME, OSU BOA PlanningCoan Yes OEDA Yes Watchdog Yes CIP Yes Annexation Yes Personel Board Why Igo You Wish I HAVE OBSERVED IN MY SHORT 9 YEARS HERE IN OWASSO THAT DEVELOPMENT WITH - To Serve? IN THE CITY LIMITS TO -DATE HAS BEEN HAP -HAZARD AT BEST. I REALIZE THAT I MAY HAVE A LIMITED PERSPECTIVE BUT THIS HAS BEEN MY OBSERVATION THUS FAR. MY MAIN GOAL SERVING ON THESE COMMITTEES WILL BE TO MONITOR THE CITY'S ACTIVITIES AND GET THE WORD OUT TO HOMEOWNERS REGARDING THE IMPACT OF CITY COUNCIL DECISIONS. SECONDLY, I WOULD LIKE TO GIVE INPUT INTO FUTURE CITY PLANNING AND OFFER ADVICE REGARDING SAME. BUILDING CHAIN RETAIL STORES WITH HUGE PARKING LOTS AT THE EXPENSE OF NATURAL HABITAT CREATES A POOR LIVING ENVIRONMENT FOR EVERYONE LOCAL. BOTTOM LINE PROFITS FOR THESE OUT- OF-STATE CHAIN STORES INCREASE AT OWASSO'S EXPENSE. THE CREATION OF JOBS AND ECOMOMIC DEVELOPMENT IN OUR CITY DOES NOT HAVE TO BE AT THE EXPENSE OF OUR CITY'S NATURAL ASSETS AND LIVING ENVIRONMENT. THE TWO CAN BE COEXISTENT WITH SOME FORETHOUGHT AND PLANNING. FINALLY, I FEEL COMMUNITY INVOLVEMENT IS AN ESSENTIAL PART AND RESPONSIBILITY OF EVERY CITIZEN. I WANT OUR CITY TO BE ACCOUNTABLE FOR THE SPENDING OF THE TAX DOLLARS IT RECEIVES FROM ITS CITIZENS. I FEEL THAT MY INVOLVEMENT WILL. INCREASE THAT ACCOUNTABILITY AND IN THE END BENEFIT THE CITY OF OWASSO AND TIIE PEOPLE OF OWASSO AT TIIE SAME TIME. Thursday, June 03, 2004 Page 5 of 16 City of Owasso Talent Bank Applicants Last Name Reeve Email Address First Name Kim reeve Dbkline.com Addressl 12503 E. 77th Pl. North Addressl Home Phone 918-272-7217 Work Phone 918-835-9588 Present Employer BKL, Inc. Employers Address 6311 E. Tecumseh, Tulsa, Oklahoma 74115 Position President Prof/CivicActivities American Institute of Architects Construction Specifications Institute (Past Chapter president) Air Force Academy Parents Organization Education Bachelor of Architecture,University of Arkansas, 1976 BOA Yes PlanningCom Yes OEDA Watchdog CIP Yes Personel Board Why Do You Wish My background is in Architecture and Construction with an exposure to civil and structural engineering. To Serve? I have spent over 30 years in the study and practice of Construction. I have a working knowledge of building codes, zoning codes and the decision making process. Benefits From I have lived in Owasso since 1987. 1 have spent most of my time in recent years solidifying our Having you Serve° company position as a leader in the regional Architecture/Engineering community. My wife and I have raised three children in this community and have established our church family and friends here. I would like to give something back to the community that has been so good to my family. I believe that my years of experience will be of value to the process of City Government. Thursday, June 03, 2004 Page 13 of 16 OwassoCity of Talent . w k Applicants Last Name First Name Addressl Address2 Home Phone Mork Phone Present Employer Employers Address Gall DJ 110 Box 988 260-5524 260-5524 Dirty Dawg Carwash & International Bus Factory (Amt Email Address djgall@dawgwash.com Position Owner & Manufacturing Engineer Prof/CivicActivities I am a member of the International Carwash Association, Society of Manufacturing Engineers, registered E.I.T., & a member of the National Self Storage Association. In the past, I was president of the Key Club (subsidiary of the Kiwanis Club). Education I hold a BS in Mechanical Engineering Technology from OSU, and lack appx 25 hours to obtain a degree in Chemical Engineering. BOA PlanningCom Yes OEDA Yes Watchdog CIP Yes Annexation Personel Board Yes Why Do You Wish I am proud to make Owasso my home, and want to help sustain and direct quality growth in the To Serve? community. I enjoy meeting and working with others. Additionally, I look forward to additional responsibilities and challenges. Benefits From Over the years I have been involved with EPA compliance, waste water treatment, private and Having You Serve. commercial construction, machinery design, repair, & maintenance, surveying & land development. I feel like the city can benefit from my ideas, suggesstions, and recommendations as related to capital expenditures, planning & project management based upon nay experience. Honesty and fairness is very important to me. Thursday, June 03, 2004 Page 7 of 16 Cityof OwassoTalent Bank Applicants Last Name Guevara Email Address First Name Wayne wguevaraGsbcglobal.net Address] 11613 E. 84th Ct. N. Address2 Home Phone 376-9496 Work Phone 695-1326 Present Employer Palmer Drug Abuse Program Employers Address 711 S. Sheridan Road Tulsa, OK. 74112 Position Certified Alcohol and Drug Counselor Prof/CivicActivities I work with adolescents in and around the Tulsa area. The work consist of Substance Abuse counseling for clients and their families, prevention by speaking to young people and facilitating panels that are comprised of recovering youth, facilitate groups as an HIV/AIDS Prevention Educator for the American Red Cross. 1 have completed 3 years of service with the Oklahoma Army National Guard (July 2000- July 2003), prior service with the Army Reserve (August 1988-August 1996). Education Attended Oklahoma State University-Okmulgee (no degree), Northeastern State University (no degree), currently attending Tulsa Community College and Langston University -Tulsa seeking a Bachelors Degree in Psychology (anticipated graduation May of 2005). BOA PlanningCom OEDA Watchdog CIP Annexation Personel Board Why Do You Wish To Serve? Yes Yes I would like to become involved in the city that my family and I call home and where I hope to raise our child. The Planning Commission and the Capital Improvements Committee will have an impact on the future of our children and I believe that this is a way to try my best to insure the stability of the environment that my child is raised in. Benefits From Because I am eager to learn and motivated to work hard for this community. Having You Serve. Thursday, .tune 03, 2004 Page 8 of 16 n Last Name Marshall Email Address First Name John jmarshallGblLies temresources.com Addressl 8804 E. 104th Pl. North Addressl Owasso, Okla 74055 Home Phone 918 272-0841 Work Phone 918 640-3905 Present Employer Bluestem Resources Group, Inc. Employers Address 1427 East 41st Street Tulsa, Okla 74105 Position Business Appraiser/Broker Prof/CivicActivities Institute of Business Appraisers, Natural Gas & Energy Association of Oklahoma Education B.S.-Business - Oklahoma State University Many continuing education courses in economics, computer applications, real estate and business appraisal BOA PlanningCom Yes OEHA Yes Watchdog CIP Annexation Personel Board Why Do You Wish Need to put something back into the community - we have raised our children here and watched it grow To Serve? over the past 15 years Benefits From Believe I could help contribute balanced judgment and input into planning for future development of Having You Serve. Owasso Thursday, June 03, 2004 Page 9 of 10 Last game Melone Email Address First Name Rob Rob_Melone@homail.com Addressl 8012 N 118th E Ave Address2 Owasso, OK 74055 Home Phone 918.272.2916 Work Phone 918.272.7757 Present Employer NTN Bearing Corp. of America Employers Address 1600 E. Bishop Ct. Mt. Prospect, IL 60056 Position Sales Representative Prof/CivicActivities Education Owasso High School - Gradusted 1974 Top 20% class. Tulsa Comm. College - attended 1974-1977 Okla Stae University - attended 1977-1978 Business Major BOA PlanningCom Yes OEISA Watchdog CIP Annexation Personel Board Why Do You Wish I would like serve my community where I haved lived mostly since 1956, when I was born. To Serve? Benefits From I feel that I have the competency to serve on this board. I ask questions to make sure I have both sides of Having You Serve' issues. I try to be open minded about the challenges of serving on this board. I have worked with Rodney Ray on various issues concerning the Sports Park. He can verify that I would be an asset to the board. I have always tried to keep up with what is going on in Owasso and would like to see it grow in a controlled manner. Thursday, June 03, 2004 Page 10 of 16 Last Flame Miller Email Address First Name Erik ErikM@ieee.org Addressl 7713 N. 126th Ave E. Address2 Home Phone 918-272-0964 Work Phone 918-292-3245 Present Employer American Airlines Employers Address Tulsa Position Engineering Manager Prof/CivicActivities Edueation BS University of Wisconsin 1982 Other college classes; Business Law Labor Law economics BOA PlanningCom Yes OEDA Yes Watchdog CIP Yes Annexation Personel Board Why Do You Wish I want to do what I can to ensure that Owasso develops physically and economically, and at the same To Serve? time places a higher value on the livability of the city than trends seem to indicate it does. At the same time I want to do what I can to ensure the metrics used to gauge "livability" are in line with some of the broadly accepted definitions of livability. What makes a city a "best place to live?" Benefits From I bring to the boards/committees an emphasis on the citizen's perspective, a family perspective, and also Having You Serve- what I consider to be a very reasonable, rational thought process, a good analytical ability and good business sense. And a sense of humor. I hear often that the city is governed by "old city fathers." I don't subscribe to this opinion, and by participating in the city govemance process, I can demonstrate it is not true. Thursday, time 03, 2004 Page l l of 16 Last Name Eckhoff Email Address First Flame Don doneckhoff@cox.net Addressl 15330 East 89th Street North Address2 Home Phone 918-274-1771 Work Phone 918-361-5057 Present Employer Brad Carson for United States Senate Employers Address Post Office Box 1982, Claremore, OK 74055 Position Oklahoma Fundraiser, Carson for Senate Prof/CivicActivities OKLAHOMA FUNDRAISER November 2003 - Present Brad Carson for United States Senate Claremore, Oklahoma Responsible for raising three million dollars from within the state of Oklahoma for an open United States Senate position. Develop contacts with key donors from across the state. Organize and implement all fundraising events. Advise the candidate on all fundraising aspects of the campaign. Serve as a key advisor to the campaign on all matters. FIELD REPRESENTATIVE February 2001- November 2003 United States Congressman Brad Carson Claremore, Oklahoma Actively serve as local liaison for eight of the twenty-five counties the Congressman represents. Maintain quality outreach with local elected officials and oversee all United States Army Corps of Engineers happenings in the district. Serve as congressional liaison with the United States Postal Service and help direct all transportation and environmental issues as they come up through the entire District. Education MASTERS in PUBLIC ADMINISTRATION Anticipated Completion May 2006 University of Oklahoma Tulsa, Oklahoma BACHELOR OF ARTS, POLITCAL, SCIENCE EMPHASIS March 1997 The Evergreen State College • Olympia, Washington BOA PlanningCom Yes OEDA Watchdog CIP Annexation Personel Board Why Do You Wish I would like to serve on this position because I want to become more involved in my community. My To Serve? wife and I could have lived anywhere in Northeast Oklahoma and we chose Owasso. Owasso has wonderful schools and is a growing community that is doing all it can to improve its infrastructure. I want to assist in any way I can to make sure that our community continues to prosper. Benefits From All of my vast experience has been that of public service. I could be employed by any number of Having You Serve- employers, yet I choose to be a public servant. I want to do what I can to assist my community. In the Cherokee language, Owasso is the end of the trail, but this community, has a much further path to be traveled. Thursday, June 03, 2004 Page 4 of 16 The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals from the representative group as well as from at large are appointed to this committee by the Mayor and confirmed by the City Council, Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for the future appointments to the Owasso Sales Tax Watchdog Committee. Each appointee must be a resident within the area defined as the Owasso fenceline and/or school district (herein referred to as the 66service area") and must not be presently serving in any elective or other Council appointive position with the City of Owasso; 2, NEWS MEDIA APPOI4T NTS-An individual who conducts media -related activities within the service area as their primary career or business; TAIL, BUSINESS APPOINTMENTS- An individual who operates a retail outlet, that being a business conducting direct sales to the public within the service area; 4. SERVICE BUSINESS APPOINTMENTS -An individual who operates a service business, that being a business providing direct services to the public within the Any appointee who is no longer employed or engaged in the category from which he/she was appointed. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist by the City Council, the City Council shall appoint an individual possessing the requisite qualifications to serve from the respective category on the Sales Tax Watchdog Committee. The Sales Tax Watchdog Committee shall meet not less than two (2) times per fiscal year. Such two regular meetings are hereby set for the fourth Monday of January and the fourth Monday of July, and thereafter the fourth Mondays in January and July of each succeeding year thereafter. Approved this 20th day of April, 2004. Mill AM NAMUR T 1 RODNEY J. RAY CITY MANAGE IT Y. i �" �' ` G i � �$ � it ■ n�i .p 3� .1 , '�` `a � • ►; i � �P i As you know, there are two separate groups that are currently in various stages of developing a hospital proposal for Owasso. 'Those proposals have been in development for several months and now appear to be making progress. It is my intent to brief the City Council on what we understand to be the status of these proposals, as well as, related issues the City may be facing in the near term as these two groups proceed. Please note, that developments in the groups proposals change almost on a daily basis, thus, I have not prepared a detailed memorandum and will present the report at the Council Work Session,