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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, October 2, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Domestic Violence Awareness Month - October 2023 4. PUBLIC HEARINGS a) Assumption of Renton Transportation District b) 2024 Community Development Block Grant (CDBG) Funds & 2023 CDBG CV3 Funds Allocations 5. ADMINISTRATIVE REPORT a) Administrative Report 6. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of September 25, 2023. Council Concur b) AB - 3429 Equity, Housing, and Human Services Department recommends approval and acceptance of the 2024 Community Development Block Grant (CDBG) funds and contingency plan, and the reallocation of unspent CDBG Grant - Coronavirus Round 3 (CDBG-CV3) funds in the amount of $448,208 to the Don Persson Renton Senior Activity Center HVAC project. Refer to Finance Committee c) AB - 3436 Finance Department recommends approving the 2023/2024 Mid-Biennium budget calendar, and setting Public Hearings on October 16 and October 23, 2023, to consider the proposed 2024 Property Tax Levy, the proposed 2023/2024 Mid-Biennium Budget Adjustment, proposed Fee Schedule Amendments, and proposed adoption of all related legislation. Council Concur; Set Public Hearings on 10/16/2023 and 10/23/2023. d) AB - 3435 Public Works Facilities Division recommends approval of a five-year lease with Dish Wireless, LLC, for use of space on or at the Rolling Hills Reservoir Facility, with revenues estimated at $186,000 over the term of the lease. The lease term is November 1, 2023 to October 31, 2028. Refer to Finance Committee e) AB - 3437 Public Works Utility Systems Division reports bid opening on September 12, 2023, for the Lift Station and Force Main Improvements, Phase 3 project, and recommends awarding the contract to lowest responsive and responsible bidder, Equity Builders, LLC, in the amount of $1,229,376.60. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Community Services Committee: 1) Appointment to the Equity Commission b) Transportation (Aviation) Committee: 1) Amendment No. 4 to CAG-20-106 with Mott MacDonald for Engineering Services related to the Seaplane Base Flood Damage Project 9. LEGISLATION Ordinance for first reading: a) Ordinance No. 6121: Assuming the Rights, Powers, Functions, Immunities, and Obligations of the Renton Transportation Benefit District Ordinances for second and final reading: b) Ordinance No. 6119: Sports Arenas, Auditoriums & Exhibition Halls (D-330) (First Reading 9/25/2023) c) Ordinance No. 6120: Amending Impact Fee Regulations Regarding Impact Fee Reductions (D227) (First Reading 9/25/2023) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) Cancelled Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorWHEREAS,thecrimeofdomesticviolenceviolatesanindividual’sprivacy,dignity,security,andhumanityduetothesystematicuseofphysical,emotional,sexual,psychological,andeconomiccontroland/orabuse;and‘WTIEREAS,ithasbeenestimatedthateveryninesecondsawomanisbeatenbyherhusbandorboyfriendinthiscountryand,inmorethanhalfofthoseinstances,childrenundertheageof12arepresent;and‘WHEREAS,inApril2023theCityofRentonadoptedRentonMunicipalCode6-33-3—ExposingMinorChildrentoDomesticViolence;andMTFIEREAS,morethanhalfofabusersresponsiblefordomesticviolence-relatedfatalshootingswereprohibitedbylawfromowningfirearms;andWHEREAS,domesticviolencedoesnotdiscriminateandcrossesalleconomic,racial,gender,educational,religious,andsocietalbarriersandissustainedbyindifference,and‘WHEREAS,theCityofRentonisworkingtoimprovetheoverallresponsetoandthereductionofdomesticviolenceinourregionwithawarenessoftheculturaldifferencesinourcommunity;and‘WHEREAS,domesticviolenceisoneofthemostdangerouscallsforlawenforcement,andthesafetyofthoseinvolvedalongwiththecommunityisacriticalsituation;NOMTTHEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimOctober2023tobeDomesticViolenceAwarenessMonthintheCityofRenton,andIencourageeveryoneinourcommunitytotakeanactiveroleinsupportingallvictimssotheycanleadhealthylivessafefromviolentandabusivebehavior.INWITNESSWHEREOF,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis2nddayofOctober,2023.Armql(doone,MayorCityo\en,WashingtonentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentoiv!.PROCLAMATIONAGENDA ITEM #3. a) Assumption of the Renton Transportation Benefit District (RTBD) October 2, 2023 –Public Hearing AGENDA ITEM #4. a) •The RTBD with boundaries that are coterminous with the city limits was established with an effective date of August 29, 2023 •RTBD, a quasi-municipal corporation and independent taxing district with the City Council acting as its governing body is authorized by chapter 36.73 RCW to raise revenue for specific transportation projects, usually through vehicle license fees, and sales taxes, or both. •Chapter 36.74 RCW allows any city that forms a TBD, with the same boundaries as the city, to absorb the TBD and assume all the “rights, powers, functions, and obligations,” with the result that the TBD ceases to exist as a separate legal entity. Assumption of the RTBD -Background AGENDA ITEM #4. a) Assumption of the RTBD –Amendment to RMC ch.5.27 •Chapter 5.27 is Amended, eliminating the Governing Board with the City Council assuming duties of the RTBD Board •This will allow the city to conduct the business of the RTBD without holding separate meetings and will allow the City Council to accept public comment regarding activities of RTBD at all regularly scheduled City Council meetings. •As of last year, about 85% of the cities and towns that have established TBDs have also assumed their powers to streamline legislative and administrative processes of the TBDs.AGENDA ITEM #4. a) Next Steps –Legislative Schedule •Establishing the Renton Transportation Benefit District (RTBD)•Completed -August 29, 2023 Ordinance in Effect •City Assumption of the RTBD •September 11th to Council & Referred to September 18th Finance Committee •October 2nd Public Hearing & First Reading of the Ordinance Committee •October 17th Ordinance in Effect •Imposing a One-tenth of One-percent Sales Tax* •November 6th to Council & Referred to November 16th Finance Committee •December 4th Public Hearing & First Reading of the Ordinance •December 19th Ordinance in Effect *Sales tax collection would begin April 1, 2024 AGENDA ITEM #4. a) Local Transportation Needs For RTBD Funding 10-year Pavement Preservation Plan Interactive storymap to view recommended treatments on Renton’s streets over the next 10 years (click here) Comprehensive Walkway Plan Interactive storymap to view existing neighborhood conditions, missing sidewalk, and provide input on pedestrian needs (click here)AGENDA ITEM #4. a) Staff Recommendation •Adopt ordinance amending chapter 27, assuming the Renton Transportation Benefit District, to Title V of the Renton Municipal Code.AGENDA ITEM #4. a) Questions & Public Comments AGENDA ITEM #4. a) Public Hearing Proposed Use of 2024 Community Development Block Grant (CDBG) Funds and Reallocation of CDBG-CV3 Funds October 2, 2023 AGENDA ITEM #4. b) CDBG Background •CDBG funds are federal funds from the U.S. Dept. of Housing and Urban Development (HUD) that must serve low-moderate income persons. •City of Renton is a Joint Agreement City, a special designation for direct entitlement metro cities that partner with their County for grant administration. •Renton is part of the King County CDBG Consortium. •These federal funds come with many regulations and restrictions, including extensive planning documents, environmental review, Davis Bacon wage monitoring, etc.AGENDA ITEM #4. b) Renton 2024 CDBG Funding Total Direct Entitlement is estimated at $653,538. •Contractual Set-Asides: 25% to King County Housing Repair $163,385* 5% to Housing Stability Program $32,677* King County Administration $78,425 *These projects directly serve Renton residents. •Renton allocation is $379,052: Planning/Administration: $65,354 for City Staff time to administer the CDBG program. Capital: $313,698 for Don Persson Renton Senior Activity Center Roof Replacement.AGENDA ITEM #4. b) Previous CDBG Capital Allocations Focus was on Downtown Streetscapes Improvement Projects, a priority project of the Renton Downtown Civic Core Vision and Action Plan. •2018-2020 CDBG capital funds for Downtown Streetscapes Improvement Project –Phase 1 along Wells Ave. S. •2021-2023 CDBG capital funds for Downtown Streetscapes Improvement Project –Phase 2 along Williams Ave S. between 2nd & 3rd Ave. S.AGENDA ITEM #4. b) Roof Replacement Project The Don Persson Renton Senior Activity Center Roof Replacement Project: •Seniors are a presumed low-moderate income group. •Senior Center is 45 years old (constructed in 1978). •Priority project in the City’s capital investment program. •Able to combine with CDBG-CV3 funds for project efficiencies.AGENDA ITEM #4. b) 2024 CDBG Contingency Plan A Contingency Plan is required if CDBG allocations are more or less that estimated: •CDBG Planning/Administration funded to maximum amount allowable. •Funding increases or decreases, program income, and any recaptured funds to the Don Persson Renton Senior Activity Center Roof Replacement project.AGENDA ITEM #4. b) Reallocation of CDBG-CV3 Funds •City of Renton received over $1.2 million in CDBG- Coronavirus (CV) funds. •Must serve low-moderate income Renton residents. •Must prevent, prepare for, and respond to the Coronavirus. (Covid tie-back) •Over $1 million was allocated for rent assistance.AGENDA ITEM #4. b) Reallocation of CDBG-CV3 Funds •Unspent CDBG-CV3 funds of $448,208 from: •$265,736 Renton Housing Authority rent assistance •$182,472 Set-Aside for rent assistance •Agency capacity issues and Covid tieback difficulties for rent assistance. •Propose reallocating unspent CDBG-CV3 funds to HVAC Improvements project at the Don Persson Renton Senior Activity Center.AGENDA ITEM #4. b) HVAC Improvements Project The Don Persson Renton Senior Activity Center Heating, Ventilation, and Air Conditioning (HVAC) Improvements Project: •Seniors are a presumed low-moderate income group. •HVAC/air quality still has a covid tieback. •Priority project in the City’s capital investment program. •Plan to combine with regular 2024 CDBG funds for joint HVAC/Roof project for efficiencies.AGENDA ITEM #4. b) Recommendations •Hold Public Hearing on Monday, October 2, 2023 to provide opportunity for public comment on: Proposed use of 2024 Community Development Block Grant (CDBG) funds. Reallocation of Community Development Block Grant – Coronavirus Round 3 (CDBG-CV3) funds. •Council Action: Item is on the Consent Agenda to Refer to Finance Committee.AGENDA ITEM #4. b) Questions?AGENDA ITEM #4. b) MAYOR’S OFFICE M E M O R A N D U M DATE: October 2, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations: Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent westbound lane closure on South Grady Way at Williams Avenue South for construction work. Questions may be directed to Tom Main, 206-999- 1833. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Avenue NE between NE Sunset Boulevard and NE 12th Street for utility installation. Detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Avenue NE at the 4100 block. Questions may be directed to Kip Braaten, 206-503-1749. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Oakesdale Avenue SW at the 1900 block for construction work. Questions may be directed to Tom Main, 206-99-1833. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Park Avenue between North 3rd Street and North 4th Street for construction work. Questions may be directed to Pat Decaro, 425- 207-6013. AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on westbound Park Avenue North at Logan Avenue North for construction work. Questions may be directed to Joel McCann, 425- 757-9595. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Boulevard between Edmonds Avenue NE and Kirkland Avenue NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373. Monday, October 2 through Friday, October 6, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Williams Avenue South at South Grady Way for construction work. Questions may be directed to Tom Main, 206-999-1833. Ongoing Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #5. a) September 25, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES ‐ City Council Regular Meeting 7:00 PM ‐ Monday, September 25, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President (attended remotely) Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim‐Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Kristi Rowland, Deputy Chief Administrative Officer Deb Needham, Emergency Management Director Brianne Bannwarth, Development Engineering Director Commander Steve Morris, Police Department Attended Remotely: Ellen Bradley‐Mak, Human Resource / Risk Management Administrator Martin Pastucha, Public Works Administrator Vanessa Dolbee, Interim Community & Economic Development Administrator Lori Fleming, Human Services Coordinator AGENDA ITEM #7. a) September 25, 2023 REGULAR COUNCIL MEETING MINUTES PROCLAMATION Ready in Renton Month: A proclamation by Mayor Pavone was read declaring September 2023 to be Ready in Renton Month in the City of Renton and encouraged everyone to join in this special observance. Deb Needham, Emergency Management Director, accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: The Clean Economy Strategy 2.0 draft plan is now final and ready for public comment. The plan will serve as a roadmap to reduce greenhouse gas emissions, enhance environmental sustainability, and help the community prepare for climate change. The plan is available for review online at RentonCES.Konveio.com. A hybrid briefing and public hearing will be held at the Planning Commission meeting on October 4 at 4:00 p.m. The public comment period will remain open through October 4, 2023. Questions should be directed to Katie Buchl‐ Morales, kbuchl‐morales@RentonWA.gov. Water Shortage Response Plan Activation & Conservation: The City of Seattle Public Utilities (SPU) has activated the voluntary stage of its Water Shortage Contingency Plan and is requesting customers to reduce water use. Water supply reservoirs in their Cedar River and Tolt watersheds are significantly lower than normal due to an early snowpack melt‐off this past spring, an extended period of warm weather, and lower‐than‐normal rainfall during the year. The City of Renton’s wholesale water supply contract with SPU, and our participation in the Saving Water Partnership requires we activate the voluntary state of our water shortage response plan. While Renton is not anticipating any water shortage from our own water supply sources, we encourage everyone to reduce water use in support of the regional water conservation effort. Approximately 40% of Renton is served by Water Districts that purchase water from Seattle. For tips on how you can conserve water, visit: https://www.rentonwa.gov/city_hall/public_works/utility_systems/water_utility_engineeri ng/water_conservation Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. AUDIENCE COMMENTS Ed Eixenberger, Renton, expressed opposition to the potential loss of parking at the VFW Hall in downtown Renton. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. AGENDA ITEM #7. a) September 25, 2023 REGULAR COUNCIL MEETING MINUTES Approval of Council Meeting minutes of September 18, 2023. Council Concur. AB ‐ 3426 Parks & Recreation Department ‐ PPNR submitted CAG‐22‐234, Don Persson Senior Activity Center Outdoor Exercise Area project, contractor Landscape Structures, Inc., and requested acceptance of the project and authorization to release retainage in the amount of $11,495.92 after 60 days after all State releases are obtained and all potential claims are legally cleared. Council Concur. AB ‐ 3434 Public Works Airport recommended approval of Amendment No. 4 to CAG‐20‐106, contractor Mott MacDonald, in an amount not to exceed $393,634, for additional engineering services related to the Seaplane Base Flood Damage project. Refer to Transportation (Aviation) Committee. AB ‐ 3433 Public Works Facilities Division recommended approval of an agreement with the King County Office of Performance, Strategy and Budget to accept $500,000 in grant funds to be applied towards the construction costs of the Family First Community Center. Refer to Finance Committee. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS COUNCIL CONCUR. CARRIED. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Planning & Development Committee: Chair Prince presented a report recommending concurrence in the following staff recommendations to approve the impact fees listed in the Capital Facilities Plans for the Renton, Kent, and Issaquah School Districts and to incorporate the requested fee amounts for each District into the Renton Fee Schedule, to take effect January 1, 2024. The Committee further recommends approval of the requested Fire Impact Fees and Fire Marshal Plans Review and Inspection Fees and to incorporate them into the Renton Fee Schedule, to take effect January 1, 2024. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Planning & Development Committee: Chair Prince presented a report recommending concurrence in the staff and Planning Commission recommendation to adopt the 2023 Title IV Docket 18, Group C items: D‐229: Eating, Drinking and Other Food‐Related Land Uses and further recommends that an ordinance for this item be prepared and presented for first reading when it is complete. D‐230: Sports Arenas, Auditoriums and Exhibition Halls and further recommends that the ordinance be presented for first reading at tonight's Council meeting. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee: Chair Pérez recommended approval of the following payments: 1. Accounts Payable – total payment of $6,798,022.77 for vouchers 10705‐10707, 411292‐ 411294, 411297‐411717; payroll benefit withholding vouchers 7202, 7205‐7207, 7209 and 3 wire transfers. AGENDA ITEM #7. a) September 25, 2023 REGULAR COUNCIL MEETING MINUTES 2. Payroll – total payment of $1,939,709.56 for payroll vouchers that include 760 direct deposits and 26 checks. (08/16/2023‐08/31/2023 pay period). 3. Kidder Mathews vouchers 1479‐1499 totaling $37,896.34. 4. Municipal Court vouchers 018350‐018378 totaling $12,732.53. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee: Chair Pérez recommended concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the grant agreement with Association of Washington Cities for the Alternative Response Co‐Responder Program to receive $135,000 to reimburse the Project Be Free co‐response contract costs, subject to approval as to legal form. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Project Be Free in the amount of $135,000 for co‐response services on domestic violence calls with the Renton Police Department, subject to approval as to legal form. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to ratify the execution of Amendment No. 2 to CAG‐20‐154 with Insight Public Sector in the amount of $1,143,553.80 for the Microsoft M365 Enterprise Agreement Renewal. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinances for first reading: a) Ordinance No. 6119: An ordinance of the City of Renton, Washington, amending Sections 4‐ 2‐060.J and 4‐2‐080.A.29 of the Renton Municipal Code regarding zoning for sports arenas, auditoriums, and exhibition halls of the Renton Municipal Code, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. b) Ordinance No. 6120: An ordinance of the City of Renton, Washington, amending Subsections 4‐1‐190.D, 4‐1‐190.G.4, and 4‐1‐190.I.2 of the Renton Municipal Code, amending impact fee regulations regarding impact fee deductions, and adding a definition and impact fee exemption standards related to early learning facilities, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. AGENDA ITEM #7. a) September 25, 2023 REGULAR COUNCIL MEETING MINUTES Ordinances for second and final reading: a) Ordinance No. 6117: An ordinance of the City of Renton, Washington, amending Section 8‐5‐ 15.D of the Renton Municipal Code, establishing King County Metro wastewater pass through rate for 2024, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. b) Ordinance No. 6118: An ordinance of the City of Renton, Washington, providing for the acquisition of a permanent utility easement and temporary construction easement located at 301 Monroe Ave NE, Renton, Washington under imminent threat of eminent domain for a stormwater and water quality treatment project, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:22 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 25 Sep 2023 AGENDA ITEM #7. a) Council Committee Meeting Calendar September 25, 2023 October 2, 2023 Monday 4:00 PM Utilities Committee, Chair Alberson Location: Council Conference Room/Videoconference 1. Emerging Issues in Utilities • Regional and City Drinking Water Supply Status Briefing 5:00 PM Community Services Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Appointment to the Equity Commission 2. Recreation Division Updates 3. Tenant Rights Education 6:15 PM Transportation Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Amendment No. 4 to CAG-20-106 with Mott MacDonald for Engineering Services Related to the Seaplane Base Flood Damage CANCELED Committee of the Whole, Chair O’Halloran 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #7. a) AB - 3429 City Council Regular Meeting - 02 Oct 2023 SUBJECT/TITLE: Proposed Use of 2024 Community Development Block Grant Funds and Reallocation of Community Development Block Grant - Coronavirus Round 3 Funds RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Equity, Housing, and Human Services Department STAFF CONTACT: Lori Fleming, Human Services Coordinator EXT.: 6655 FISCAL IMPACT SUMMARY: In 2024, the City will receive approximately $379,052 in federal Community Development Block Grant (CDBG) funds after King County contractual set-asides. Reallocation of unspent CDBG-CV3 funds in the amount of $448,208 include $265,736 of previously budgeted CDBG-CV3 funds and $182,472 of unbudgeted CDBG-CV3 funds. SUMMARY OF ACTION: The City’s estimated 2024 federal Community Development Block Grant entitlement is $653,538. The funding available after King County contractual set-asides for the King County Housing Repair Program, Housing Stability Program, and administration is estimated at $379,052. These funds must serve low-to-moderate income Renton residents and be allocated in accordance with federal regulations. The City is proposing to allocate these funds as follows: 1.) Planning/Administration: $65,354 or the maximum amount allowable to the City of Renton, 1055 S. Grady Way, Renton, WA 98057 to plan and administer the City’s CDBG program activities. 2.) Capital: The estimated balance of $313,698 is proposed for design, construction, and construction management costs for a roof replacement project at the Don Persson Renton Senior Activity Center. The Center is located at 211 Burnett Ave N, Renton, Washington 98057 and serves seniors, which is a presumed low-to-moderate income group. The Contingency Plan if there are any increases or decreases to Renton’s 2024 CDBG allocation is as follows: Planning/Administration to the maximum amount allowable; and then increases or decreases to funding, CDBG program income, and any recaptured funds to the Don Persson Renton S enior Activity Center Roof Replacement project. The City received federal Community Development Block Grant – Coronavirus Round 3 (CDBG-CV3) funds through King County. These funds must be used to serve low-to-moderate income Renton residents and must prevent, prepare for, and respond to the Coronavirus. There is unspent CDBG -CV3 funding in the amount of $448,208 that was previously awarded to the Renton Housing Authority and as a rent assistance set -aside, that needs to be reallocated. The City propo ses to reallocate this $448,208 in CDBG-CV3 funds to a Heating, Ventilation, and Air Conditioning (HVAC) Improvements project at the Don Persson Renton Senior Activity Center. AGENDA ITEM #7. b) The City is planning to combine the regular 2024 CDBG funds with the reallocat ed CDBG-CV3 funds for a joint HVAC/roof project which would provide many efficiencies. A Public Hearing to receive comments on these proposed allocations is scheduled for October 2, 2023. EXHIBITS: N/A STAFF RECOMMENDATION: Approve and accept the 2024 Community Development Block Grant (CDBG) funds and contingency plan as proposed and the reallocation of unspent Community Development Block Grant - Coronavirus Round 3 (CDBG- CV3) funds in the amount of $448,208 to the Don Persson Renton Senior Activity Center HVAC project and authorize the Mayor and City Clerk to execute the grant agreements subject to approval as to legal form. AGENDA ITEM #7. b) AB - 3436 City Council Regular Meeting - 02 Oct 2023 SUBJECT/TITLE: 2023/2024 Mid-Biennium Budget Amendment Calendar RECOMMENDED ACTION: Council Concur; Set Public Hearing on XX/XX/XXXX DEPARTMENT: Finance Department STAFF CONTACT: Kari Roller, Finance Administrator EXT.: 6931 FISCAL IMPACT SUMMARY: There is no fiscal impact. This agenda bill sets the required public hearings and presents the budget calendar to Council. SUMMARY OF ACTION: In compliance with RCW 35A.34, this agenda bill sets the following dates and times for all ordinances/resolutions related to the proposed 2023/2024 mid -biennium adjustment: 1. Submission of the proposed budget to the City Clerk and presented to the City Council at the October 16, 2023 Committee of the Whole. 2. Establish public hearings for October 16, 2023 and October 23, 2023 which includes a discussion of revenue sources and the proposed mid-biennium budget adjustment. The following ordinances/resolutions will be presented as part of the public hearing process: a. 2024 Property Tax Levy (revenue sources) b. Proposed Mid-Biennium Budget Adjustment c. Proposed Fee Schedule Adjustments EXHIBITS: A. 2023/2024 Mid-Biennium Budget Amendment Calendar STAFF RECOMMENDATION: Set public hearing dated October 16, 2023 and October 23, 2023 to consider the proposed 2024 Property Tax Levy (revenue sources), the proposed 2023/2024 Mid-Biennium Budget Adjustment, proposed Fee Schedule adjustments, and a proposed adoption of all related ordinances/resolutions by November 13,2023. AGENDA ITEM #7. c) CITY OF RENTON PRELIMINARY 2023‐2024 MID‐BIENNIUM BUDGET AMENDMENT CALENDAR Unless otherwise specified, all meetings will be held at City Hall, 1055 S. Grady Way, Renton, Washington 98057. October 16, 2023 – Committee of the Whole – 6:00 p.m. Council budget workshop: Proposed Mid‐Biennium Adjustments (ordinance) Proposed Property Tax Levy (ordinance) Proposed Fee Schedule Adjustments (resolution) October 16, 2023 – Regular Council Meeting – 7:00 p.m. Public hearing as required by RCW 35A.34: Proposed 2024 Property Tax Levy (revenue sources) Proposed Mid‐Biennium Budget Adjustment Proposed Fee Schedule Adjustments October 23, 2023 – Regular Council Meeting – 7:00 p.m. Public hearing as required by RCW 35A.34: Proposed 2024 Property Tax Levy (revenue sources) Proposed Mid‐Biennium Budget Adjustment Proposed Fee Schedule Adjustments November 6, 2023 – Committee of the Whole (if needed) – 6:00 p.m. Council budget workshop: Follow up to Council questions Deliberation Finalize Committee Report November 6, 2023 – Regular Council Meeting – 7:00 p.m. Adopt Committee Report 1st reading of 2023/2024 Mid‐Biennium Budget Amendment ordinance 1st reading of the 2024 Property Tax Levy ordinances November 13, 2023 – Regular Council Meeting – 7:00 p.m. 2nd reading and adoption of all ordinances Adoption of the Fee Schedule Resolution AGENDA ITEM #7. c) AB - 3435 City Council Regular Meeting - 02 Oct 2023 SUBJECT/TITLE: Lease with Dish Wireless LLC RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci, Facilities Director EXT.: 6643 FISCAL IMPACT SUMMARY: The City will receive $7,500 one-time admin fee plus a $2,800 monthly rate with an annual increase of 3%, resulting in lease revenue and admin fee of approximately $186,000 over the five -year lease term. SUMMARY OF ACTION: Staff proposes a new Lease (LAG-23-) with Dish Wireless LLC, a Colorado limited liability company for use of space at the City reservoir site. The lessee is engaged in the operations of communications and desires to lease a 7’ x 10’ ground equipment pad at the Rolling Hills Reservoir site, 11500 Puget Dr. SE (also known as 2401 Puget Dr. SE), Renton WA. Lessee will not affix or mount any antennas, devices, equipment, or related material, in any manor or in any location which would cause degradation in the operation or use of communications systems at the Rolling Hills Reservoir which serve the City and other public users. Terms of the lease: • Five-year lease effective October 1, 2023 to October 31, 2028 • One time administration fee of $7,500 for processing • Monthly fee of $2,800 with 3% annual increase • Total revenue generated over contract term is estimated at $186,000 • City may terminate the lease with 30 days notice for cause, or with party may terminate with 180 day written notice to the other party without cause or any reason EXHIBITS: A. Lease Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a lease agreement with Dish Wireless LLC for the use of space on or at the Rolling Hills Reservoir Facility for a 5-year period effective November 1, 2023 to October 31, 2028, estimated at $186,000.00. AGENDA ITEM #7. d) 1 of36 Lessee Site Number:SESEA00280CRollingHills/DISH WIRELESS COMMUNICATION FACILITIES SITE LEASEAGREEMENT THIS SITE LEASEAGREEMENT("Lease”,"Agreement”,or "Lease Agreement”)is made as of this day of 2023,(the ”Effective Date”)by and between the City of Renton, a Washington municipal corporation (the ”City”),and DISH Wireless L.L.C.a Colorado limited liability company,having an office at 9601 S.Meridian Blvd.,Englewood,Colorado 80112 ("Lessee”).The City and Lessee are sometimes referred to collectively in this Agreement as the "Parties”.Renton's Facilities Division ("Faci|ities”)isthe custodian of the property. RECITALS WHEREAS,the City supports increased availability and improved communications services for its citizens and businesses;and WHEREAS,the City's primary responsibilityis to provide municipal services to its citizens and businesses and to lease City facilities to private communication companies if such lease will not interfere with the deliveryofthose municipal services;and WHEREAS,opportunities for the City to lease City property should be marketed to accomplish the greatest exposure and to achieve the best value for the City and its residents;and WHEREAS,City-owned property must be leased at no less than fair market value;and WHEREAS,the City owns certain improved real property and facilities including but not limited water reservoirs,pump station,emergency powergenerator and related appurtenances located at 11500 Puget Dr.SE (also known as 2401 Puget Dr.SE),Renton,Washington,commonly referred to as Rolling Hills Reservoir site,which is legally described in Exhibit A,attached and fully incorporated by reference into this Lease ("Property”);and WHEREAS,the Lessee is engaged in the operation of communications facilities and desires to lease from the City,and the City is willingto lease that portion of the Property which is marked as "Lessee’s Equipment Facility Area"described in Exhibit B,attached and fullyincorporated by reference intothis Lease;and TERMS OF NON-EXCLUSIVELEASE NOW THEREFORE,for valuable consideration the sufficiency of which is acknowledged and in consideration ofthe terms,conditions,covenants and performances contained in this Lease,the Parties mutually agree to incorporate the above-noted Recitals and agree as follows: The Cit Re resentsthe Followin : AGENDA ITEM #7. d) 2 of36 Lessee Site Number:SESEA00280CRollingHil|s/DISH A.It owns the Property and Lessee’s Equipment FacilityArea and all appurtenances to the Property and Equipment Facility Area not owned by other Lessees; B.ltis fullyauthorizedto enterinto this Lease; C.The individual executingthis Lease on behalf of the City is authorized to bind the City to the provisions of this Lease. Areas Leased E ui mentFaci|it Area: A.The City leases to Lessee at Lessee’s sole responsibility and expense,a non- exclusive portion of the Property,identified in this Lease as Lessee’s Equipment Facility Area,(Exhibit B),together with non-exclusive access rights to the City's conduits if the conduits are available as determined solely bythe City,as further described in Exhibit C, attached and fully incorporated by reference into this Lease,and access rights to and from Lessee’s Equipment Facility Area through the Property to the public right-of-way, sufficientfor Lessee’s use of Lessee’s Equipment Facility Area,as outlined in Paragraph 3 of this Lease.Any changes to the location of Lessee’s access right (described in Exhibit C) is subject to the City's approval. B.Lessee has examined the Property and accepts Lessee’s Equipment Facility Area and surrounding Property ”as is”,in its present condition as part of the consideration of this Lease. Permitted Use: The Lessee may use Lessee’s Equipment Facility Area onlyfor the installation,operation, maintenance,replacement,modification,upgrade and removal at Lessee’s sole responsibility and expense,of Lessee’s un-staffed antenna site equipment,to be referred to as "Lessee’s Site Equipment”.The Site Equipment on the Property shall comprise only those items described on Exhibit D,attached and fully incorporated by reference into this Lease.The definition ofwhat is included as Lessee’s Site Equipment in Exhibit D may only be modified by written agreement of the Parties.Lessee shall not use the Property for any other purpose without the City's prior written consent,which the City may withhold for any reason at the City's sole discretion. Effective Date: All references in this Lease to the "Effective Date","Acceptance Date”,"the date hereof", or similar references shall be deemed to refer to the date on which the last party has executed and acknowledged this Lease,as shown on the first page of this Lease. Term: This Lease shall commence on the earlier of (i)first (1-9‘)day of the month following the commencement of Tenant's Installation or (ii)three (3)months following the Effective Date ("Commencement Date”),and shall expire five (5)years from such date ("Initial Term");provided that this Lease may be extended for up to two (2)additional terms of five (5)years each ("Renewal Term”).Such extension shall be by written agreement and AGENDA ITEM #7. d) addendum to this Lease.Termination provisions are provided in Paragraph 38. 6.lnitialStaffTime-Rent-Subse uentAd‘ustments-HoldoverRent&Char es for Late Pa ment: A.Initial Staff Time:Lessee shall pay a one-time fee in the amount of Seven Thousand-Five Hundred Dollars ($7,500)within sixty (60)days following the Effective Date forinitial staff time in preparingthis Agreement.Thisfee shall be delivered or mailed to the address in Paragraph 6.C below.Lessee may incur additional fees,the amount to be determined by the City,if Lessee requests significant revisions to Lessee‘s Equipment Facility Area and/oradditional area withinthe Property. B.At the City's discretion,a licensed engineer of the City's choice shall review, inspect,and approve the original installation and any future modifications and additions to the Site Equipment.Lessee shall bear the reasonable cost of such approval and inspection. C.Monthl Rents: 1.Monthly Rent is the amounts as defined in Paragraph 6.D below plus Washington Leasehold Excise Tax.Lessee is responsible to pay the Leasehold Excise Tax eitherdirectly to the State and to provide proof ofsuch payment to the City as set forth in Paragraph 7 below or to pay the Leasehold Excise Tax directly to City. 2.Rent payments shall reference,”LAG-_Rolling Hills Reservoir Wireless Communications Lease”,and shall be delivered electronically as approved by the City of Renton Finance Department or mailed to: City of Renton Finance Department 1055 South Grady Way Renton,Washington 98057 3.Re nt for any partial month at the beginning orend ofthe term of this Lease shall be prorated. 4.As a condition to Lessee paying any Monthly Rent or other fees or sums due under this Lease,City shall provide Lessee with a completed IRS Form W-9 and other documentation reasonably required to allow Lessee to pay City such rent,fees or sums. D.Rents Due: 1.Commencing on the Commencement Date,Monthly Rent shall be Two Thousand,Eight Hundred Dollars,($2,800)each month invoiced monthly by the City,plus Washington Leasehold Excise Tax,ifapplicable. 2.The Monthly Rent amount shall increase three percent (3%)per year on each anniversary ofthe Commencement Date. 3 of36 LesseeSite Number:SESEA00280C Rolling Hills/DISH AGENDA ITEM #7. d) 3.Notwithstanding the foregoing,Lessee and City agree that the first Rent payment shall be made within thirty (30)days of the Commencement Date. E.The City retains the right to identify additional charges/rent in a proportional amount,for any additional requests by Lessee forlease space outside Lessee’s Equipment Facility Area.The City may,in its sole discretion,deny such a request for any reason. F.Receipt of any Rent by the City,with knowledge of any breach of this Lease by Lessee,or of any default on the part of Lessee in the observance or performance of any ofthe conditions or cove nants of this Lease shall not be deemed a waiverof any provision of this Lease. G.If afterthe end of the Initial Term or any Renewal Term,as the case may be,Lessee continues to use the Property without entering into a new lease with the City,and/or the City has not provided written notice to Lessee that the Lease will not be renewed,the Lessee shall become a Tenant on a month-to-month basis on the same terms and conditions ofthis Lease,and pay monthly Rent equivalentto the Monthly Rent at the time the Term ends includingthe annual three percent(3%)increase in Paragraph 6.D.3 above H.If any sums payable to the City under this Lease are not received by the City on or before the fifth (5th)day following its due date,the Lessee agrees to pay a late fee ofTwo Hundred Dollars ($200)which shall be due and payable with the Rent payment.There shall be a Twenty-Five Dollars ($25)fee assessed to the Lessee ifa bank or other financial institution returns a check to the City with the indication that the check cannot be honored or indicates insufficient funds for electronic payment of Rent.The City and Lessee agree that such charges represent a fair and reasonable estimate of the costs incurred by the City by reason of late payments and uncollectible checks,and the failure by the Lessee to pay any such charges by no later than Thirty (30)calendar days after Lessee’s receipt of written demand for payment by the City together with reasonable supporting documentation evidencing such charges shall be a default under this Lease. The City's acceptance of less than the full amount of any payment due from the Lessee shall not be deemed an accord and satisfaction,waiver,or compromise of such payment unless specifically agreed to in writing by the City. 7.Taxes Assessments &Utilities: The Lessee agrees to pay all taxes and assessments which are the result of Lessee’s use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.01O (Lands subject to local assessments),as it exists or may be amended. Lessee shall pay all taxes,including but not limited to leasehold excise taxes,which may be levied orimposed upon the interest of Lessee or by reason ofthis Lease,unless exempt under RCW 82.29A.130 (Exemptions—Certain property),as itexists or may be amended, which copy of such exemption required to be attached to this Lease as Exhibit E,or ifsuch amount is paid directly to the State of Washington.Within Thirty (30)calendar days of Lessee’s receipt of the City's written request,Lessee shall provide to the City evidence of Lessee’s payment of the Washington Leasehold Excise Tax in which Lessee has paid 4 of36 Lesseesite Number:SESEAO028OCRollingHills/DISH AGENDA ITEM #7. d) vl DD10. directly to the State of Washington.Lessee is responsiblefor and agrees to pay for utilities that serve Lessee’s Equipment Facility Area at the rate charged by the servicing utility company. Permits: Prior to performing any upgrades or construction work within the Property,Lessee shall secure all necessary federal,state and/or local licenses,proof of agency and pe rmits for the construction and operation of the antenna and associated equipment (collectively referred to hereinafter as "Government Approvals”)at its sole expense.The City authorizes Lessee to make any and all applications and/or submissions necessary to obtain all Government Approvals from all applicable governmental and/or regulatory entities required for construction or operation of the Site Equipment within Lessee’s Equipment Facility Area.To the extent authorized by law,the City agrees to cooperate with Lessee,at no cost to the City other than administrative costs,in the submission and/or processing ofany such applications. Non-Interference to Pro ert : A.Multiple Occupants (City,Lessee,lessees,tenants or equivalents)(each an ”Occupant”)use this Equipment Facility Area,Property,adjacent right-of-way and access areas.The City desires that all Occupants will work togetherand not cause unreasonable interference with the other Occupants’uses.Lessee shall not use Lessee’s Equipment Facility Area,Property,adjacent right-of-way,or access areas in any way that materially interferes with any use of the Property for City purposes or other Occupants,lessees, tenants or equivalents. B.The City will require otheroccupants outside of the historical uses ofthe Property to provide the same assurances against interference with any Occupants’outside the historical uses of the Property,and will work to eliminate or mitigate unreasonable interference with the ope rations of Lessee caused by other Occupants. Radio Fre uenc lnterferencestud |fA licable: A.If necessary for existing wireless facilities and future wireless facilities Lessee,at Lessee’s sole responsibility and expense,shall perform all necessary tests or studies, including but not limited to radiofrequencytest(s)to determine the suitability of Lessee’s Equipment Facility Areafor its intended use.Lessee shall,in a timely manner,provide the City with a complete and accurate copy of any and all such tests or studies. B.If necessaryfor existingwireless facilities and future wireless faci|ities—as part of the permitting process along with studies and required permitting and prior to the installation of Site Equipment,Lessee,at Lessee’s sole responsibility,shall conduct an interference study.Pre-existing Lessee(s)with communication uses currently located on the Property shall review the results of this study.if as a result of the interference study it is determined that operation of Lessee’s Site Equipment would significantly interfere with the operation and use of any otherauthorized communications facilities on the Site, 5of36 Lesseesite Number:SESEA00280CRollingHills/DISH AGENDA ITEM #7. d) _|,|..|..|--e .|-.,...a-i--.-I.-_n.J‘-II --.a -I" ,...|..--.-_.rr-_|fI"I'I'I'—"I'—-'I'I"l—-I-I - .|._-a..I_|.I.r.I.-I-|.I-Illlr ---I-I-I—I-rII‘F-' _H_.._...‘.._"...I—_.,|.a_...-—._ H F...,.|.......2.“_-.n-I|.g.-..|.--.m.I...I..-- .-.-..--_...|_|I_.-I.._...._._.-.,.._--...i.,_..-.| |.H r._H._......_..-|_.-|._....-.|\|_._.-.-_....-___..__._|...|_|I.I.—".I _-.-I .|.r..|.--In .ua .-- -I-lIs-Il—I'-Ii""‘—II -'!IIII|-'I'IIII'I"II'IlI'II H'fI—II Z 'Ii!III II i ---I F I'Ilf III 'III''I!'I1fI'1'I1 .|.-.r.-J In-I-I "I'f'Il-I-—|.-II!'--'''----In--- F"...J.“,_..,_-_|-.-I ..-.--.I|..J.|-..i .-—I..|._.._:_i.I|_...|-r ...-.I.-..|Ih.J...a_. --i .--.|.-I .|..H II .-..J-..i,h.-.|-..-II -|.|-I -1 |_.-...r.|.a..|.|.|..I J|.Ir.II:.|r-IIIIIII--'-1|!-.-'=ih -.r Il|I'I'I|‘II r-u -—:-|||-u---'.-----u----—'- _u_m._._.u..,-.....|“-J1 1.-..-II..|-....-a|.|‘.. _.....,_...“._|.|.._.I_.--m...u _|.|..-.--a..|. II1IIIJI'-I Z‘lI&MZI\H"I‘u‘?II ff‘F II I-I -II --'II I£JII—II'-|‘'-I-JIII I 'If—'fII' I“uI'--IIII|I'dI1fI' I'-11-‘'I'II-I'—IfIIII'-'I'-IJJ-II JIl'-I—— '--I II-IIu“\I-J I-I IIJJ f:~'I'llI'IJ|—'l-I’I"'— —J—.I an--1 II-----I-I-I1'I=i-l'.|-'---'--'- .aI|.ou.--.5 II-I.--.I-I-I|||----I--'I'|.'----I- .“.._"........-,_-.-_.-..n ....._-.-.|r.=.|.I-.. -I.‘'I 1 1 ‘VIII;-IJII-I—1II|I--l|I—-'I—I'fI'.g1I|'I'II-I I F -'[I'-I-I-I?ll -II 'I I-JI'I-ff?-I‘'fIf'I _=.|.-|.a-.|__..-.|.|.r.||1.ill‘|.-I-r--II.--I-I-ling -_.,.,...l .5..._....--j_..“.-..r_a=-.|.-.n_.n .-.-I.-I-.r --II-I‘-I-Ilr -I-$1--r.-?rl-5'-i-I-r'I'|'|'-—--"--='*-'- .,_.|....._|.,-.|,,.|...-|.a-_I-.~.I..ar.I|.|.I.| -|-.a_.|_-2;-|_aa.|u .-—|---I-II:--I‘ Ila .u.l.._...-.|.-.:.|.1.'-=.|.r.r-'lI'fJ!"I"I'1-- -."r-r.|.-I-rl-I-5-H. ..1....II -....-._.-_In.I I.I.-an-II 1--I--I .:_|.-_ma -.|..-I-I -II II.-|_--I -II----4--I.-.|---I--—..._€..n_._.._.,:.._I_.._n.....a .|.|.--..-. .I..1...."--.......,a.._._.r...-.J_|.I._ ,:_.i_.._|_.._-...u._..-.|-.|-_.--.-=.-mu II.-_.|.I.II.4|.n-.2 hh.II-It I??h‘F‘ operated by the City,other pre—existing authorized communications facilities,or other pre-existing Lessee(s),the Lessee or the City may terminate the Lease upon thirty (30) calendar days’notice to the other party and neither party shall have any further obligations or responsibilities under the Lease,except for removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. C.If after Lessee initiates operation of its Site Equipment,the City has reason to believe that Lessee’s operation of its Site Equipment has caused or is causing any electrical,electromagnetic,radio frequency,or other interference with the operation and use of any otherauthorized communicationsfacilities on the Property,whether operated by the City,Lessee,or another pre-existing Lessee with rights prior in time to Lessee, Lessee shall promptly commence curative measures until the interference has been corrected to the reasonable satisfaction of the owner of the facilities sustaining interference.If such interference has not been corrected within sixty (60)calendar days of Lessee’s receipt of the initial notice from the City,during the sixty (60)days the City may allow the Lessee to powerdown the equipment causingthe interference (exceptfor intermittent testing)until such interference is remedied.If Lessee is unable to remedy such interference within such sixty (60)day period,Lessee or the City may terminate the Lease upon thirty (30)calendar days’notice to the City and Lessee shall not have any further obligations or responsibilities under the Lease except removal of Lessee’s Site Equipment,and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. D.Lessee shall not affix or mount any antennas,devices,equipment or related material,in any manner or in any location which would cause degradation in the operation or use of communications systems at the Property which serve the City or other public users.This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of the City.Ifat any time the ope ration of Lessee’s Site Equipment interferes with the reception or transmission of public safety communications,following receipt of written notice of such interference,Lessee shall cease ope ration ofthe site (exceptforintermittent testing) until such time as the interference is corrected.In the event the interference cannot be corrected within thirty (30)days following receipt ofsuch notice,party may terminate the Lease upon thirty (30)calendar days’notice to the other party and neither party shall have any further obligations or responsibilities underthe Lease.Lessee’s Site Equipment shall include an emergency override switch for use by the City that would turn off the broadcasting system in case of a publicsafety emergency. E.In the event the operation or use of communications systems at the Property which serve the City or other public users causes interference with Lessee’s equipment, City agrees to reasonably cooperate with Lessee to reduce such interference.If such interference cannot be reduced to Lessee’s satisfaction,Lessee mayterminate this Lease immediately upon written notice to City and Lessee shall not have any furtherobligations or responsibilities underthe Lease. 6 of36 Lessee Site Number:SESEAOO28OCRolling Hills/DISH AGENDA ITEM #7. d) Q P11.Access and Securit foranE ui mentFacilit Area on Pro ert 2 A.Lessee is hereby granted a limited and non-exclusivelicenseto enterthe Property for maintenance,operation and/or repair of Lessee's Equipment Facility at the locations indicated on the access plan,described in ExhibitC,or as further modified to provide an alternative access method to be approved by the City,which approval may be withheld for any reason. B.Lessee shall make its best effort to maintain,repair,or replace Lessee's ground equipment during Normal Business Hours (8:00 a.m.to 4:30 p.m.).Lessee shall notifythe City's representative or designee prior to accessing the Property.Facilities may be reached at (425)430-6605 during Normal Business Hours.Access to Lessee's equipment on Property will require forty-eight (48)hours prior notice to the City for the maintenance,repair or replacement of said equipment.Access to Property shall be limited to Normal Business Hours and work shall be done in a manner that will not interfere with the City's primary use of the Property.Should Lessee determine,outside of Normal Business Hours,that emergency access is needed to either the ground equipment orto the equipment on Property,Lessee shall notifythe City by contactingthe Renton Police Department at 911 who will refer the caller to the City Facilities’on-call staff.Lessee shall reimburse Facilities for costs incurred for the on—ca||time to respond to an after-hours access request. C.The City shall,upon request of Lessee,provide a list of emergency telephone numbers known to the City ofthe otherlesseesofthe Property. D.In the event of a public safety emergencyatthe Property,the City shall havethe right to turn off the Lessee's equipment without prior noti?cation.The Lessee shall ensure that any switches for turning off the Lessee's equipment are properly labeled,include an emergency contact phone number,and are readily accessible to the City.The City will endeavorto notifythe Lessee as soon as possible of any emergency that requiresthe Cityto turn off Lessee's equipment. E.In the event of any emergency in which any of Lessee's telecommunications facilities located in,above,or under any public way or City-owned property breaks,are damaged,or if Lessee's construction area is otherwise in such a condition as to immediately endangerthe property,life,health,or safety of any individual,Lessee shall immediately after discovering or receiving notification of such emergency,take the proper emergency measures to repair its facilities,to cure or remedy the dangerous conditionsforthe protection of property,life,health,orsafety ofindividualswithoutfirst applyingfor and obtaining any permit as required by this Lease.However,this shall not relieve Lessee from the requirement of immediately notifyingthe City by telephone upon learning of the emergency and obtaining any permits necessary after the emergency work.Lessee shall applyforall required permits notlaterthan the second succeeding day during which the Renton City Hall is open for business. F.In the event of a public emergency,such as,but not limited to,road failure, evacuation,natural disasters,hazardous substance spills,and fatal accidents during public 7 of36 Lessee Site Number:SESEA00280C RollingHills/DISH AGENDA ITEM #7. d) 8of36 Lessee Site Number:SESEA00280C RollingHills/DISH 12. use at the Property,Lessee’s access may,at the City's reasonable discretion,be temporarily limited or restricted;provided,that any temporary limitation or restriction in Lessee’s access shall be restored as soon as the circumstances shall allow,as determined by the City. G.For the security ofthe Property,at the City's discretion,Lessee may be responsible to provide separate security fencing and gate to Lessee’s Equipment Facility Area.Lessee will provide the City's designated Facilities staff with two (2)keys for emergency access to Lessee’s Equipment Facility Area.The City may at any time during the Term of this Lease determine that additional security measures are needed at the Property.Lessee shall reimburse the City for the City's costs in implementing revised security measures,to the extent that additional costs are incurred due to the presence of Lessee’s equipment. The City also retains the right to revise access procedures during the Term of this Lease. Lessee shall comply with revised access requirements so long as access is maintained according to provisions ofthe Lease. Utilities&Services: A.Anytime,with twenty-four (24)hours written notice to the City,Lessee or its surveyor or contractor may,at Lessee’s sole expense,enter upon and survey Lessee’s Equipment Facility Area and the City's abutting and surrounding property to take measurements,make calculations,review any and all existing easements,property restrictions,if any,and note all other information relevantto Lessee’s assessment of the suitability of Lessee’s Equipment Facility Area for its purposes.Said access shall be within Normal Business Hours. B.The City shall not furnish Lessee with electrical service for Lessee’s Equipment Facility Area.Lessee has or may install,at its sole cost and expense,an electrical meter and run such utility and fiberlines as may be reasonably necessary to provide electrical, fiberand otherutility service to Lessee’s Equipment Facility Area,in a location acceptable to the City,as described in Exhibit C.The provision ofsuch electrical,fiberand other utility lines and service shall not materially interfere with the City's normal use of the Property. The City will not encumber its property for the benefit of the Lessee to provide these services. C.The City shall not be liable for any damages to any person or property,nor shall Lessee be relieved from any of its obligations underthis Lease,as a director indirect result of temporary interruption in the electrical powerprovided to Lessee’s Equipment Facility Area where such interruption is caused by acts of nature or other acts beyond the City's control.Under no circumstances shall the City be liable for indirect or consequential damages resultingfrom such an interruption. D.The City shall not be responsible for providing Lessee with any information relating to encumbrances on the Property,including,but not limited to setbacks,utilities or easements ofany nature. AGENDA ITEM #7. d) 9 of36 Lessee Site Number:SESEAOO28OCRollingHills/DISH 13. 14. 15. E.Lessee may,if feasible and at its sole expense,install a backup generator in a location acceptable to the City,in order to provide electrical service to Lessee’s Equipment Facility Area during emergency situations where electrical power is not otherwise available.Any back-up generator must be so designed and operated as to not exceed local noise level standards of the applicable City of Renton ordinance or other applicable laws.Back-up generator and associated infrastructure,shal be identified to Lessee’s plans and included as part of the initial design review. Com liance with Laws: A.Lessee shall,at all times and at its sole responsibility and expense,comply with all applicable statutes and ordinances,orders,guidelines,policies,directives,rules and regulations of municipal,county,state and federal governmental authorities or regulatory agencies (”Laws”)relating to the construction,operation and/or maintenance of Lessee’s Equipment Facility Area and adjacent Antenna,including FCC regulationsfor compliance with limits on human exposure to radio frequency (RF)emissions.Lessee shall defend, indemnify and hold harmless the City and its employees and agents against any claims arising from any violations by Lessee,its agents or employees,of any such Laws.The indemnity provision of this paragraph shall survive the termination or expiration of this Lease. B.Lessee shall not use Lessee’s Equipment Facility Area for any illegal purposes or violate any applicable Laws,nor create or allow any nuisance or hazardous materials,nor trespass or do any act on the Property that would increase the insurance rates,nor deface,damage or overload the Property's structural components. Advertisin Devices Si ns &Li htin : A.Lessee shall not place any advertising devices on or about the Property. B.Lessee shall post and maintain on Lessee’s Equipment Facility Area appurtenant thereto a sign no largerthan eighteen inches (18”)square giving an emergency telephone number (unlessa larger sign is required by the Laws).No other signs are permitted on or about the Property,except to the extent required by the Laws.Excluded from this restriction are signs required by the FCC.At no time shall Lessee post any sign on the City's Prope rty without the City's prior written permission,unless such sign is required by the Laws. Installation Maintenance and Stewardshi A.At the time of installation of Lessee’s equipment,Lessee shall paint the equipment to match the color of the existing surface.When new equipment is added or existing equipment is replaced,it shall be painted to match. B.The Lessee will not interfere with the City's use of the Property,nor will Lessee or the Lessee’s equipment create an electrical current or field that will damage the City's Property or communications equipment orcapability. AGENDA ITEM #7. d) 16. C.Lessee will not weld to the Property without the City's prior written consent. D.When the City determines that the Property is in need of repainting,the Lessee shall be responsible for all costs associated with preparing and painting all communication facilities (conduit,mounting points,antennas,etc.),preparing and painting the Property surfaces under communication facilities,and preparing and painting the surfaces from the point of the lowest mounted equipmentto the top of the of where the equipment is mounted.The Lessee shall pay for costs incurred by the City including but not limited to engineering,and contract preparation and administration.Such costs will be paid within thirty (30)days following receipt of an invoice together with reasonable supporting documentation evidencing such costs. E.Prior to any operation in which earth,rock,or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve inches (12”)or greater,Lessee must call an underground utility locating service to ascertain the existence of underground utilities. F.Lessee must comply with all provision of RCW 19.122 (Underground utilities). G.Lessee shall,at its own expense and at all times,keep Lessee’s Equipment Facility Area neat and clean and in a sanitary condition and keep and use Lessee’s Equipment Facility Area in accordance with all applicable Laws.Lessee shall permit no waste,damage or injury to Lessee’s Equipment Facility Area.Lessee shall make such repairs as are necessaryto maintain Lessee’s Equipment FacilityArea in asgood a condition as exists on the date construction of Lessee’s Equipment Facility Area is completed,subject to reasonable wear and tear. H.The City shall have no obligation to maintain or safeguard Lessee’s Equipment Facility Area,except that the City shall not intentionally permit access to Lessee’s Equipment Facility Area to any third-party without the prior approval of the Lessee, except as otherwise provided in this Lease. I.If applicable,Lessee shall maintain the surrounding Equipment Facility Area landscape installed by Lessee pursuant to its permits for construction of Lessee’s Equipment Facility Area,in a manner and frequency consistent with the balance of the Property.Such tasks and frequencies shall be determined by the City of Renton Utility, followingfinal design and landscape plan approval as required by any such permits. Hazardous Substances: A.Lessee shall not introduce or use any such substance on the Equipment Facility Area in violation of any applicable law or regulation,nor shall Lessee allow any of its agents, contractors or any other person under its control to do the same. B.Lessee will be solely responsiblefor and will defend,indemnify,and hold the City,its agents,and employees harmless from and against any and all direct claims,costs,and liabilities including reasonable attorneys‘fees and costs,arising out of orin connection with the cleanup or restoration ofthe prope rtyassociated with Lessee’s use,storage,ordisposal 10 of36 Lesseesite Number:SESEAOOZSOCRolling Hills/DISH AGENDA ITEM #7. d) V.17. 18. of Hazardous Substances or the use,storage,or disposal of such substances by Lessee's agents,contractors,or other persons acting under Lessee's control. Re airsb the Cit '|ns ection'Increased Maintenance Costs: A.The City shall have no duty to Lessee to make any repairs or improvements to Lessee's Equipment Facility Area except those repairs necessary for the safety of the Lessee.The City or its representatives shall be provided access to Lessee's Equipment FacilityArea upon no less than twenty-four(24)hours’notice to Lessee. B.In the event that the presence of Lessee's Site Equipment on the Property or within Lessee's Equipment Facility Area results in increased maintenance or repair costs to the City,Lessee shall,within thirty (30)calendar days ofwritten notification by the City, which shall include documentation evidencing such increase as the result of Lessee's use, pay the City for the incremental maintenance or repair costs incurred by the City C.Im rovementsb theCit -relocation movin etc. The City will from time to time need to make additional improvements,repairs and revisions to the utility site and Property.Except for emergencies as set forth above,the City will provide the Lessee with not less than 180 days’notice of major revisions and major improvements to be made by the City.Lessee shall remove and/or relocate its facilities at Lessee's cost and at no cost to the City.The Lessee must relocate by the date set in the Notice to Relocate or another mutually agreed upon date in writing Lessee's failure to timely relocate perthe notice or agreed date can result in Lessee paying for any and all damage and delay claims of the City or contractors of the City.Upon completion of such revisions and/or improvements,the Lessee may be allowed to will relocate is equipment back to Lessee's Equipment Facility Area.If the improvements,repairs and revisions are not compatible with the Lessee's Equipment in the Facility Area—the parties will work towards an agreed solution,if an agreed solution cannot be reached Lessee or the City may terminate the Lease upon thirty (30)calendar days’notice to the other party and neither party shall have any further obligations or responsibilities underthe Lease except removal of Lessee's Site Equipmentand return of Lessee's Equipment Facility Area to its condition prior to installation of Lessee's Site Equipment or as otherwise agreed by the parties. Lessee's Sub-leasin &Assi nment: A.Lessee may not sub—|ease or co—locateany other broadcast equipment within Lessee's Equipment Facility Area,without the City's prior express written consent. B.Assignment—Neitherthis Lease,nor any rights created by it,may be assigned,or transferred without the City's prior written permission.Any such assignment shall be in writing on a form approved by the City and shall include an assumption of this Lease by the assignee. 11of36 Lessee Site Number:SESEA00280CRollingHills/DISH AGENDA ITEM #7. d) 19. 20. C.Notwithstanding the foregoing,Lessee may assign its interest in this Lease, without the City's consent,to any entity which controls,is controlled by,or is under common control with Lessee,or to any entity resulting from any merger,consolidation with Lessee,or corporate reorganization,or to any partner or member of Lessee,or to any partnership in which Lessee is a general partner,or to any person or entity whid wacquiresfiftyonepercent(51%)or more the ownership of Lessee or fifty—one percent (51%)or more ofthe assets of Lessee in the Seatt|e—Tacoma—Everett Area,or to any entity which obtains a security interest in a substantial portion of Lessee‘s assets;provided,that the assignment includes an assumption ofall obligations of Lessee underthis Lease bythe assignee;and provided further,that Lessee shall provide the City with written notice of the assignment with an updated contact and billing address along with a copy of said written assignment and a copy of the Certificate of Insurance in the form required by Paragraph 25.,within ten (10)calendar days of the change.Any such assignment shall not serve to release Lessee from its obligations under this Lease,which shall remain in full force and effectfor the duration of the Term. D.The City's consent to one assignment shall not waive the requirement of obtaining the City's consent to any subsequent assignment. The Cit ’sSub-leasin &Assi nment: A.Should the City sell,lease,transfer,or othen/vise convey all or any part of the Property that is the subject ofthis Lease to any transferee otherthan Lessee,such transfer shall be subjectto this Lease. B.Subjectto Paragraph 9.A.and Paragraph 9.B.,the City retains the rightto sublease or enter into any type of agreement for any portion of the Property for any reason, including but not limited to,co-locating wireless facilities. C.Subject to Paragraph 9.A.and Paragraph 9.B.,the City retains the right to enter into other Leases with other Lessee‘s to co-locate within the Property, D.The City may transfer and assign its rights and obligations underthis Lease and no further liability or obligation shall accrue against the City,provided that the assignee or transferee assumes,in writing,all of the City's obligations under this Lease,which shall remain infull force and effect. The Cit ’s Reservation of Ri ht to Maintain &Grant Utilit Franchises &Permits: A.Subject to Paragraph 9.A and Paragraph 9.B,the City reserves the right for utility franchise,licensee and permit holders to enter upon the Property to maintain facilities and,for itself,to grant utility franchises,licenses and/or permits across the Property; provided,that such franchises,licenses,or permits do not materially interfere with Lessee‘s authorized use of Lessee’s Equipment Facility Area.Such installation will be accomplished in such a manner as to minimize any disruption to Lessee.The franchise, license or permit holder will be required to restore paving,grading and improvements damaged by the installation. 12 of36 Lessee Site Number:SESEA00280CRollingHills/DISH AGENDA ITEM #7. d) PVQP 21. 22. B.Lessee will not disturb markers installed by a franchise,license,or permit holder and will contact the franchise,license,or permit holder prior to any excavation in order that the franchise,license,permit holder may locate the utility.It is Lessee’s responsibility to protect legally installed underground utilities from damage caused by itself,its contractors,agents and invitees. C.Lessee must comply with RCW 19.122.03O (Notice of excavation to owners of underground facilities --One-number Iocator service --Time for notice Marking of underground facilities—Costs)and must subscribe to the one-call Iocator service for the area in which the Property resides.Failure to comply constitutes material breach of this Lease. lm rovements Fixturesand Personal Pro ert : A.Priorto installing any new equipment orotherimprovements in oron the Property after the Acceptance Date other than merely maintaining the Antenna configuration identified on Exhibit D,and prior to making any material changes in such equipment or in the exterior appearance,size or design of any such equipment or the improvements of the Property thereafter during the term of this Lease,including any Renewal Period, Lessee shall su bmit to the City for approval such information regardingthe proposed work as the City may request,including,without limitation,plans and specifications of the planned modifications and Lessee’s critical path time schedule,for the City's written approval (at the City's discretion,the City may require an addendum to this agreement and monthly rental adjustment for the project).Prior to commencing construction activities on the Equipment Facility Area,Lessee shall secure approval of a work schedule by the City and all necessary permits and approvals.During any construction activities by Lessee at the Property,representatives of the City shall have the right to inspect any and all improvements and to require reasonable revisions to ensure that the respective uses of the Property and Equipment Facility Area are compatible.Notwithstanding the foregoing,maintenance,repairs,like-kind or similar replacements of equipment and modifications made within the interiorofany shelters or base station equipment shall not be considered "mate rial changes". B.The City may at any time,go upon the Property to inspect any work done by Lessee to insure compliance with the approved plans and specifications,to require reasonable revisions to ensure that the respective uses of the Property are compatible or otherwise. Further,this right shall not impose any obligation upon the City to make inspections to ascertain the safety of Lessee’s improvements orthe condition of the Leased Property. Destruction of or Dama e to Pro ert E ui ment Facilit Area or an Site Structures: A.If the Property,Equipment Facility Area,or any structure on the Property is destroyed or damaged by fire or casualty so as to render the Property and/or Equipment Facility Area wholly unfitfor use by the Lessee,and ifin the reasonablejudgment of the City the damage cannot be repaired within ninety (90)calendar days following the date of such damage,either party may terminate this Lease upon written notice to the other 13 of36 Lessee Site Number:SESEAOOZSOCRollingHills/DISH AGENDA ITEM #7. d) 23. 24. party,and this Lease shall terminate on the date ofsuch notice and Lessee shall surrender Lessee’s Equipment Facility Area to the City within ninety (90)calendar days.Within fifteen (15)calendar days after such damage,the City shall notify Lessee as to whether the City expects to complete such repair within ninety (90)calendar days.if Lessee’s Equipment Faci|ityArea is damaged by fire or casualty,but not rendered wholly unfitfor use,Lessee may elect promptly to repair such damage.The City shall not be liable to Lessee for any indirect or consequential damages including but not limited to inconvenience,annoyance,or loss of profits,nor for any expenses,or any other damage resultingfrom the repairof such damage,or from any repair,modification,arranging,or rearranging of any portion of the Property or Equipment Facility Area for the termination of this Lease as provided herein. B.In the event the Property and/or Equipment Facility Area will be rebuilt and/ orrepairedasoutlinedabove,the City shall consider other temporary locations on the Property at the City's sole discretion.If both the City and Lessee approve an area,Lessee may construct,operate and maintain,at its sole expense,a substitute wireless communication facility on the Property until the Site Equipment is fully restored and ope rational.During the use ofthe temporary location,Rent shall continue and be payable to the City. Condemnation: If all or any portion of the Property or Lessee’s Equipment Facility Area shall be taken or condemned for any public purpose such that the Lessee cannot use its Site Equipment on Lessee’s Equipment Facility Area,either party may terminate this Lease.All proceeds from any taking or condemnation of the Site or Equipment Facility Area shall belong and be paid to the City.Lessee shall have all rights to its Site Equipmentand personal property, which shall not be included in any taking orcondemnation.Lessee shall also have the right to claim and recoverfrom the condemning authority any amounts recoverable by Lessee on account of any and all damage to Tenant's business and any costs or expenses incun'ed by Tenant in moving/removing its equipment,personal property,equipment,and leasehold improvements. Fixtures: The City agrees that,notwithstanding any provision of statutory or common law,the Site Equipment and any other Lessee improvements to Lessee’s Equipment Facility Area, including but not limited to personal property,shall not become affixed to ora part of the Property or any structure on the Property,but shall remain the exclusive property of the Lessee.The City and its employees and agents,shall not be liable in any mannerfor,or on account of,any loss or damage sustained to any property ofwhatsoever kind stored,kept or maintained in or about the Property,except such claims or losses that may be caused by the City or it agents or employees.Lessee agrees to save the City and its employees and agents harmless on account of any claims or liens imposed upon the Site or 14 of36 Lessee Site Number:SESEAO0280C RollingHills/DISH AGENDA ITEM #7. d) 25. 26. Equipment Facility Area in connection with alterations or improvements thereto, conducted by Lessee or on behalfof Lessee. Insurance: A.Lessee shall secure and maintain,at its sole cost and expense,Commercial General Liability insurance with minimum policy limits of $1,000,000 for each occu rrence/$2,000,000 aggregate for the Term of this Agreement. B.It is agreed that on the Lessee’s commercial general liability policy,the City will be named as an Additional Insured on a non—contributory primary basis.The City's i nsuranoe policies and self—lnsurance shall not be a source for payment of any Lessee liability nor Lessee’s property loss or damage. C.Subject to the City's reviewand acceptance,a current certificate of insurance with ‘the "City of Renton"named as the certificate holder,showing the minimum proper endorsements,shall be delivered to and accepted by the City before executing the work of this Agreement.An updated certificate shall be promptly provided to the Citv upon any policy expiration for the duration of the work. D.Lessee shall provide the City with written notice of any policy cancellation,within ten (10)business days of theirreceipt of such notice. E.The City does not represent that the minimum required insurance or insurance limits are adequate to cover all potential claims,related claim costs,or property losses. F.The City may require increases in said coverage's by written notice to Lessee,as the City deems reasonably necessary. G.The Certificate of Insurance attached in Exhibit G The certificate holderand should read: City of Renton ATTN:Lori Lohman,Public Work/Facilities RE:LAG-_-___ 1055 South GradyWay Renton,WA.98057 Hold Harmless: The City and its elected officials,officials,employees,agents and volunteers shall not be liable for injury or damage to any persons or property,Lessee’s Equipment Facility Area, or for any injury or damage to persons or property resulting from or connected to the installation,operation or maintenance of the Lessee’s equipment on the Property.The Lessee shall protect,defend,indemnify and save harmless the City,its elected officials, officers,employees,agents and volunteers from any and all costs,claims,demands, causes of action,judgments,liabilities,obligations,costs and expenses (including reasonable attorneys’fees)for deaths or injuries to persons or for loss of damage to 15 of36 Lesseesite Number:SESEAO0280CRollingHi||s/DISH AGENDA ITEM #7. d) 27. 28. property,negligent acts or omissions of Lessee arising out of,or in any way connected with,the use and occupancy of the Property by Lessee,its officers,employees,agents, volunteers and independent contractors,and invitees,and assigns.This indemnity shall further apply to test or other actions of Lessee at the Property during the term of this Lease.Finally,all obligations of Lessee,under this indemnity shall survive and remain enforceable afterthe expiration or earliertermination ofthis Lease.Notwithstandingthe foregoing,Lessee’s indemnity to the City and its employees and agents shall not include instances where any injury or damage to persons or property and/or any and all claims, demands,causes of action,judgments,liabilities,obligations,costs and expenses (including reasonable attorneys’fees)for deaths or injuries to persons or for the loss or damage to property,are the result of the negligence or willful misconduct of the City or its employees,agents,independent contractors,invitees,assigns and subtenants Performance Bond: A.Lessee shall furnish a surety bond or bonds,attached to this Lease as Exhibit F, attached and fully incorporated in this Agreement by reference,covering faithful performance ofthis Lease and payment of all obligations arising there under,including but not limited to proper construction,|ong—term facility maintenance,rent,timely removal of equipment and restoration.The bond shall be in the amount of Thirty Thousand Dollars 30 000 and be in-force during the entire term or subsequent extensions.The bond shall be in a form acceptable to the City.The performance bond for this Lease shall not only indemnify the City for the usual performance provisions of this Lease,but in addition shall be a bond to guarantee payment of any and all tax liability of any type,kind,nature or description due as a result of this Lease.The bond shall also guarantee the removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition priorto installation of Lessee’s Site Equipment should Lessee fail to remove said equipment upon termination of the Lease.Said performance bond shall be issued to the City prior to the issuance of any permits for the construction of its facilities on the leased property and shall include a 90-calendar clay cancellation clause. Prior to City accessing the bond,it shall firstgive Lessee written notice of its intention to do so and with that notice shall provide to Lessee written documentation to Lessee ofthe loss,damage or expense forwhich City seeks compensation from the bond.lfthe City so uses or applies any portion of the performance bond,Lessee shall,upon notice,restore the performance bond to the full amount above specified. B.If Lessee has entered into a separate lease with the City for other City property, the City will consider permitting Lessee to expand Lessee’s existing performance bond to include all obligations for a performance bond under this Lease,provided however,all requirements forthe performance bond outlined inthis Lease are met. Nondiscrimination: Lessee,foritself,its successors,and assigns as a part ofthe consideration,does covenant and agree to comply with all civil rights and anti-discrimination requirements offederal, 16 of36 Lessee Site Number:SESEAOO280CRollingHil|s/DISH I AGENDA ITEM #7. d) QJ 17 of36 Lessee Site Number:SESEAOO280CRollingHills/DISH 29. 30. 31. 32. state or local laws applicable to the Property,including,without limitation,RCW 49.60 (Discrimination—Human rights commission) Performance b Lessee: If Lessee defaults in the performance or observation of any covenant or agreement contained in this Lease beyond all applicable notice and cure periods,the City,without notice ifdeemed by the City that an emergency exists,or if no emergency,with thirty (30) calendar days’notice,may direct Lessee to stop work and may itself perform or cause to be performed such covenant or agreement and may enter upon the Property for such purpose.Such an emergency shall include,but not be limited to,endangerment of life, the Property,or failure of Lessee to obtain in a timely mannerany insurance.Lessee shall reimburse the City the entire cost and expense of such performance by the City within thirty (30)calendar days of the date of the City's invoice together with reasonable supporting documentation evidencing such cost and expense.Any act or thing done by the City under the provisions of this paragraph shall not be construed as a waiver of any agreement or condition or performance required underthis Lease. Restoration of Site b Lessee and Removal of E ui ment: Upon the expiration or prior termination of this Lease,Lessee shall restore Lessee’s Equipment Facility Area to equal to or better than its condition prior to Lessee’s occupancy,including removal of Lessee’s personal property/equipment,excluding reasonable wear and tear and insured casualty.This work is to be done at Lessee’s sole expense and to the City's reasonable satisfaction. Vacation of Leased Premises: Upon termination of this Lease,Lessee shall cease its operations on and/oruse of Lessee’s Equipment Facility Area.In the event Lessee fails to vacate Lessee’s Equipment Facility Areafrom the Property within ninety (90)calendar days ofthe date oftermination,it shall be liable forany and all costs to the City arising from such failure. E ui mentDesi n: A.The Site Equipment,described in Exhibit D,used within the Property shall be designed,sited and screened as described in Exhibit D. B.The City retains the right to review and approve the design and type of materials used to construct the structure within Lessee’s Equipment Facility Area to ensure it meets the City's needs within the Property.Lessee shall provide an as—bui|tdrawing of Lessee’s Equipment Facility Area and Site Equipmentto the City within fourteen (14)calendardays of completing the installation. C.Upon request by the City,Lessee shall install all underground conduits,including but not limited to powerand telephone.Lessee shall be responsibleforcoordination with other lessees on the Propertyto accommodate underground installation. AGENDA ITEM #7. d) DD 33. 34. 35. E ui ment Modification: If at any time during the term of this Lease,either party believes that technology has changed such that modifications to or replacement of the Site Equipmentwould result in bettercommunications facilitiesfor Lessee,less interference with othercommunications facilities on the Property,or less physically or aesthetically obtrusive equipment,the parties shall make reasonable effort to cooperate to effectuate such modifications or replacement. Utilit Review of Plans &A roval of Contractors: Lessee acknowledges the following: A.The execution of this Lease by the City shall in no way constitute review and/ orapprovalbyotherapplicablejurisdictionsandpermittingauthorities. B.The City retains authority forfurther review,modification,and approval of the Site Equipmentthroughout the City's permit process. C.This Lease shall be executed after any right-of-way,and/orfranchiseagreement but prior to application for any other city permits for wireless communications facilities placement. D.A fully executed Lease between the City and Lessee,and any required permits are required prior to construction or installation ofthe Site Equipment on the Property. E.Lessee shall submit plans and specifications and structural analysis of the planned installationforthe City's evaluation and approval. F.Lessee expressly acknowledges and agrees that the City's rights under this Lease to review,comment on,disapprove and/or accept designs,plans,specifications,work plans,construction,equipment,and/or installation,(i)exist solely for the benefit and protection of the City and its employees and agents,(ii)do not create or impose upon the City,and its employees and agents any standard or duty of care toward Lessee,all of which are disclaimed,(iii)may not be relied upon by Lessee in determining whether Lessee has satisfied any and all applicable standards and requirements,and (iv)may not be asserted,nor may the exercise or failure to exercise any such rights by the City and its employees and agents,be asserted,against the City and its elected officials,officers, employees,agents,and volunteers by Lessee as a defense,legal orequitable,to Lessee’s obligation to fulfill such standards and requirements,notwithstanding any acceptance of work by the City and its employees and agents. Modifications: This instrument contains all the agreements and conditions made between the Parties and may not be modified orally or in any manner other than by an agreementin writing signed by the Parties.No failure on the part of either party to enforce any covenant or provision herein contained,norany waiverof any right underthis Lease,unless in writing, 18 of36 Lessee Site Number:SESEA0028OCRollingHills/DISH AGENDA ITEM #7. d) 36. 37 38. shall discharge or invalidate such covenant or provision or affect the right of the either party to enforce the same inthe event of any subsequent breach or default. Broker's Fee Borne solel b Lessee: If Lessee is represented by a real estate broker or other agency in this transaction,Lessee shall be fully responsible for any fee due such broker,and shall hold the City and its employees and agents,harmless from any claims for a commission. Coo eration in Execution of Subse uent Documents: The City and Lessee agree to cooperate in executing any documents (not including a Memorandum of Lease)necessary to protect the rights granted by this Lease to the City and Lessee. Termination. A.Waiver or acceptance ‘by the non—defaulting party of any default by the defaulting party of the terms of this Lease shall not operate as a release of the defaulting party's responsibility for any prior or subsequent default. B.The City shall have the right to terminate this Lease immediately,upon written notice,ifa receiver is appointed to take possession of Lessee’s assets,Lessee makes a general assignment for the benefit of creditors,or Lessee becomes insolvent or takes action underthe Bankruptcy Act. C.The City shall have the right to terminate this Lease,upon thirty (30)calendar days’ written notice to Lessee,without penalty or further liability to City,upon the occurrence of any of the following events: 1.The City determines that Lessee’s exercise of its rights under this Lease interferes with the City's use ofthe Property and/orthe structures on the Property for the lawful municipal purposes for which the City owns and administers such structures/site. 2.The City determines that Lessee’s exercise of its rights under this Lease interferes with the use of the Property by a governmental agency with which the City has an agreementto provide services to the City,e.g.Valley Communications (911).City will not exercise this right until it provides notice of interference and provides Lessee with the opportunity to cure such interference pursuant to the terms set forth in Paragraph 10 above. 3.Lessee defaults in the performance of any material term or provision of this Lease that is not cured within thirty (30)days following receipt of written notice of such default.If a non—monetary default cannot reasonably be cured within a 30-day period,this Agreement may not be terminated if Lessee commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. 19 of36 Lessee Site Number:SESEA00280C Rolling Hil|s/DISH AGENDA ITEM #7. d) O D >\ 39. 40. 4.The Property is destroyed or damaged so as to substantially and adversely affect the effective use by Lessee for Lessee’s equipment,subject to the Lessee’s determination (within ten (10)calendar days)of whether the equipment can be restored or rebuilt.Lessee shall have the option of installing a temporary facility while the above determination is made.Such facility shall be subject to prior review by the City and shall conform to all codes,facility review,and Laws imposed by any regulatory agency withjurisdiction in the matter.Payment of the monthly rent shall continue throughout the evaluation and temporary installation period. D.Lessee may terminate this Lease upon thirty (30)calendar day's written notice to the City,without penalty or further liabilityto City,without penalty of further liability as follows: 1.The approval or consent of any governmental authority necessary for the construction and/or operation of the Site Equipment is withheld,revoked or terminated,or Lessee determines,in its sole discretion,that the cost of obtaining or retainingsuch approval is cost prohibitive;or 2.Lessee at any time determines in its sole discretion that it desires to discontinue use of Lessee’s Equipment Facility Areafor any reason;or 3.The City defaults in the performance of any material term or provision of this Lease that is not cured within thirty (30)days following receipt of written notice of such default.If a non-monetary default cannot reasonably be cured within a 30-day period,this Agreement may not be terminated if City commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. E.Either party may terminate this lease with 180 days’written notice to the other party without cause and for any reason. F.Upon termination under paragraph 38,neither party will owe any further obligation to the other party provided that Lessee is not in arrears in making its Monthly Rent payments;provided however that Lessee shall remove its Site Equipment and restore the site,and provided that,if Lessee terminates this Lease pursuant to Paragraph 38.D.2.,Lessee shall pay the City a sum equal to six (6)months’rent as the City's sole remedy for such termination;and provided if the City terminates this Lease pursuant to Paragraph 38.C.1 or C.2,the City may ,at Lessee’s option,attempt to find alternative sites on other city property in orderto allow Lessee to continue to provide service within the City. Non-a licabilit ofRe|ocation Benefits: Lessee acknowledges that the signing of this Lease does not entitle the Lessee to assistance under RCW 8.26 (Relocation Assistance—Real Property Acquisition Policy). Removal of Site E ui ment u on Termination of Lease 20 of36 Lessee Site Number:SESEA0028OCRollingHills/DISH AGENDA ITEM #7. d) 21 of36 Lessee Site Number:SESEAO0280CRollingHills/DISH 41. 42. Upon the expiration of the Term of this Lease or upon the termination of this Lease pursuant to Paragraph 38,Lessee shall remove all the Site Equipment from Lessee’s Equipment Facility Area,unless otherwise agreed by the Parties;provided that,at the City's sole option,such Site Equipment shall become the property of the City. Titles: The titles to sections and paragraphs of this Lease are for convenience only,and shall have no effect on the construction or interpretation of any section or paragraph. Notices and Emer enc Contact Information: A.Except as otherwise designated in this Lease,all notices must be in writing and shall be deemed valid given if sent by certified mail,return-receipt requested,or overnight delivery,addressed as follows or as otherwise specified bythe City during the duration of this Lease: City of Renton Facilities Division—Pub|icWorks RE:LAG-_— 1055 South Grady Way Re nton,Washington 98057 Attn:Facilities Director Lessor: DISH Wireless L.L.C. Site SESEA00280C Attn:Lease Administration 5701 South Santa Fe Drive Littleton,Colorado 80120 Lessee: B.Emergency Contact information: This information is to be kept up to date by the parties for Emergency use and not for official notice: Lessor‘City of Re nton Name:George Stahl,Water Maintenance Manager Address:3555 NE 2"“Street Re nton WA 98056 Phone Number:On Call Number 425-766-3838 425-430-7400 (office) 422-766-6180 (cell) Email:Gstahl@rentonwa.gov Lessee:DISH Wireless L.L.C. Phone Number:(833)347-4602 AGENDA ITEM #7. d) III 43. 45. 46. 47 48. 49. 50. Com lete A reement: This Lease and any attached exhibits constitute the entire agreement between the City and Lessee;no prior written or prior,contemporaneous or subsequent oral promises or representations shall be binding except that any subsequently adopted city policies and proceduresfortelecommunications/communications lease agreements and final permits shall be binding on the Parties. Amendments Except as otherwise be provided,this Lease shall not be amended or changed except by written instrument signed by both Parties. Executed in Counter arts: This Lease may be executed in any number of counterparts,each of which shall be an original,but all of which togethershall constitute but one instrument. Governed b Laws of State of Washin ton:Invalidit of Provisions: This Lease shall be governed by the laws of the State of Washington.if any term or provision of this Lease,or application thereof shall to any extent be invalid or unenforceable,the remainder of this Lease shall not be affected thereby,but shall be valid and enforced to the fullest extent permitted by law. Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,Washington. Bindin on Successors: This Lease shall be binding upon and inure to the benefits ofthe Parties’heirs,executors, administrators,successors and assigns,subject to the conditions set forth in Paragraph 18 herein. Failure to Insist u on Strict Performance: The failure of either party to insist upon strict performance of any of the terms or conditions of this Lease shall not constitute a waiver. Memorandum of Lease A reement: No Recordation Without Consent of Landlord: Lessee shall not record this Lease or any memorandum of this Lease without Landlord's prior written consent. If Agreed the City and Lessee may enter into a short form memorandum of this Lease,in a form suitable for recording underthe laws of the State of Washington,referenci ng this 22 of36 Lessee Site Number:SESEAOOZSOCRollingHills/DISH AGENDA ITEM #7. d) .,, Lease,and all options,which Lessee may,at its expense,file in King County,Washington. See EXHIBITH sample IN WITNESS WHEREOF,the Parties have entered into thisAgreement effective as of the date last written above. 23 of36 Lessee Site Number:SESEA00280CRollingHills/DISH ***SIGNATURES ON FOLLOWING PAGE*** AGENDA ITEM #7. d) Attest:CITYOF RENTON Name:ArmondoPavone Title:Mayor Date: Approved as to form: Shane Moloney,City Attorney Clb LESSEE: DISH Wireless .L. By: Printed Na e:Dave.” Title:DISH ir s Date: 24 of36 Lessee Site Number:SESEA0028OCRollingHills/DISH Jason Seth,City Clerk AGENDA ITEM #7. d) Cit of Renton STATE OF WASHINGTON ) )ss COUNTYOF ) On this day of ,20 ,before me,the undersigned, a Notary Publicin and for the State of Washington,duly commissioned and sworn,personally appeared to me known to be the of and acknowledged the saidinstrument to be the free and voluntary act and deed of said , for the uses and purposes therein mentioned,and on oath stated that s/he was authorized to execute said instrument on behalfof said IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My Appointment Expires: 25 of36 Lessee Site Number:SESEAOOZSOCRollingHills/DISH (Signature of Notary) AGENDA ITEM #7. d) DISH Wireless L.L.C. STATE OF COUNTYOF On this day of ,20 ,before me,the undersigned,a Notary Publicin and for the State of duly commissioned and sworn,personally appeared to me known to be the of and acknowledged the said instrument to be the free and voluntary act and de of said .,,for the uses and purposes therein mention ,and on oath stated that s/he was author_izedto execute said instrumenton behalfof said SH Wireless L.L.C.,a Colorado limited liability company. IN WITNESS WHER F l have hereunto set my hand and official seal the day and year first above written. (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of ,residing at (Signature of Notary) 26 of36 Lessee Site Number:SESEAOO280CRollingHills/DISH My Appointment Expires: AGENDA ITEM #7. d) ACKNOWLEDGEMENT S S : COUNTY OF ARAPAHOE On this day of ,20 .before me,the undersigned a Notary Public in and for the county and state fo esaid,personally appeared Dave Mayo (person/company)to me known to be the identical person who executed the within and foregoing instrument as its EVP (title),and acknowledged to me that he executed the same as his free and Voluntary act and deed, and as the free and voluntary act and deed of said DISH Wireless L.L.C.(company),for the uses and purposes therein set forth. Given under my hand and seal th-ay an year last abo written. Em ar:'€U...tn Notarv PU|:‘r':d° State of CEMMSBZO3D3?20 , M CzirchtrhizsionExpifes03"@2024 Nota Publl y Commission Expires:08-18-2024 Commission No:20004019620 STATE OF COLORADO AGENDA ITEM #7. d) |_|.u|.J.|.-I-.-—-I-.I--.-?.Iq1p..|l,|.l.-.||1|I.-.|.-. -_I-I Jan-..|.I-uI.r-|.|uz.| —-I a.-.|n.&.||.r|-.|l.|.r|I-I-I-1-.—.-—-1. L1-I JIuI'.l'Il|'Il'lu-u r|.—-|.J.j.lrI-—-.n—.r—.I|.r|..—I 1n-I r--an-|||—n.I |_-.|.I.u.g.I.I-.r—--.- ._l.-I.IuI.l'|I'-Il'I I.-|.uI.|ll,.|.I.n.| .-_ —.._.—.___...._a-n -.- EXHIBITS EXHIBITA -LEGALDESCRIPTIONOF ROLLINGHILLSRESERVOIR SITE PROPERTY. EXHIBITB —LESSEE'SEQUIPMENTFACILITYAREA EXHIBITC -NON-EXCLUSIVEACCESS RIGHTS TO PROPERTY DESCRIPTION EXHIBITD -LESSEE'SSITE EQUIPMENT EXHIBITE -LEASEHOLDEXCISETAX EXEMPTION IF APPLICABLE EXHIBITF -PERFORMANCEBOND EXHIBITG -INSURANCECERTIFICATE EXHIBITH -SAMPLE SHORT FORM MEMORANDUM. 27 of36 Lessee Site Number:SESEAO028OCRollingHills/DISH AGENDA ITEM #7. d) .. In . .,r I “~.I... _:l-L:.|' ‘I 'I I‘:.|-=- F 'I54 I,‘I I _H . I I W ; I....1| H ....;,I v.=..= \Iu1yy\9<.[.!§§u;.m u-It In . '1 EXHIBIT"A" LEGALDESCRIPTIO CITYOF RENTON ROLLINGHILLSRESERVOIRSITE Address:11500 Puget Dr.SE,Renton,WA 98058 (AKA2401 Puget Dr.SE) Parcel ID:202305-9109 Legal Description: That portion of the Southeast ‘/4of Sec.20,Twp.23 N.,R.5 E.,W.M.described as follows: Beginningat the northeast corner of said subdivisionzthence S01"50’38"W.,alongthe easterly limits of said subdivision,a distance of 646.62 feet to the true point of beginning; thence N 88°09’22”W.,a distance of 30.00 feet;thence S 46°5038'’W.,a distance of 766.92 feet along the northwesterly margin of the First Christian Church property as recorded under King County Auditor's File No.5615593;thence N 43°09’22”W.,a distance of 561.35 feetto a point on the southeasterly margin of Puget Drive as recorded under King County Auditor's File No.5801096;thence N 40°0O’05”E.along said southeasterly margin,a distance of 522.57 feet to a point of curve;thence continuing along said southeasterly margin on a curve to the right having a radius of 416.87 feet,an arc distance of 690.27 feet;thence continuing along said margin 5.45°07’35”E.a distance of 46.67 feetto a point on the easterly limits ofsaid subdivision;thence S 01°50’38”W.,a distance of 280.88 feet along said easterly limits to the true point of beginning. Containing 12.97 acres more or less. A Fer:('41 I:hit)?/28 of36 AGENDA ITEM #7. d) El<d_..KB_._t5n._ISn9lu|:D__x<.n .E.§u5§.=.En9InaIEl..B.___._!mII.— .._.:..uBBBE_U.._.-EEEEFIIE :..IIn:nonb.<.?a.l.l.=!nBEI...nn..u dal.u__.._._.:EE>n.u=.:x.n!..i._=Bu «H9. 2‘: T%fEPH:uuuuuu -un m u I'.EI';l.'.-6': a2<>u___um”_.5:_.__=E_m.ammmm._ m._._m__._xm_ NHS».1—_.._.-<.a Each:ENE 25%“Em nu..._5._zuO21nzacmzou u._.__._.._H.m o.v.n.n_.5 E2;1?.223:umu>_EGuamcom: oo?oa?mum zc..—<zK£,z_._....EE 5.:5.2;Es Sn~S<u$m Ema_1ho2.z_..:4 EslcQ$\I II.I.I!I‘!-oi -Illa-VIllztl Ial-!.l.Iall}. .'!nI'I-55. .n.D..EDlin: IilunllIsl! xuslmu?nwasmy m.=.t.$!..m mpzuzzuon zo_._.u=E.m200 A.9“E; IIM1.ms‘ 5E5:,5B5!.5V3122 :...F,u....m 9F.G u...--an .ua...a.E5:mu.2 s_.m_..,B.w..$,§mn...mz_ 1:6.3:235.25:.1:. N..T.p|.n.R .1.»v.\M.“w L.a.m...m3._9?:.n...Eu..F_o $£.H.£=a§ .......-+\.“\,.Iu;.u__,«_,...T....x.,u«_._.,._-H \\t,x\x \kw... 22m9.53.\SmusmamHunm... bv»,.. u..._.:.:=u1.23.... . .\.,.. 5.....23:__$.\ ...1.u7...1m..:”.§.u,\\\.?i?Q1. .\xE.\ \.\. .x,. \53«E ..3 3 :4.m n 8»E83..Ew_.53..E:.33:kg?o:%.u.8.“.mW_..p£n:,a§ u4SE.._.z<wzr§_c5.,.uanz.xE¢Eua=v8.uJ._I:.:_;:na.»A.2..\.III...—.<,«HE6 H55 51.3 uz?au .n:E mawas:.3:/(F.6:F»- »...a..H.~nu2:n?_...x5s.T.m._s:._n_§ ‘ ,a.m.§ou§a..28.3._.!.:f:..o« Er... ‘E35 a!_un.=imE59ouS.u..2u:uE:.H .%§mz_:a._.x.:_?;u._E._.3a¢Eu.E.:5 J ?an nu=u§u\wInv.=unHau..1.I?.__u._._I--Ix?a {I \_.,H....9... cm?on UH IIIKMUO 49-1“ i 393" Jl-.lI AGENDA ITEM #7. d) u |.. «. :..n w.we~3swuusrk:vmu\u4nL=III I: Non-Exclusive Access Rights Description CITYOF RENTON ROLLINGHILLSRESERVOIRSIT EXHIBIT"C” In general: The access to the Lessee’s ground equipment pad 10’x 10’located within the 12’x 12’lease area will require access into the City's reservoirsite through a gated and locked driveway along Puget Drive SE.To access the equipment pad and the antennas,Lessee’s authorized personnel must contact the City's Water Maintenance Department at 425-430-7400 during normal business hours and on weekdays.City personnel will open the gate for Lessee to access to the equipment pad and will provide access to the reservoirladder. Please note there is no work allowed on the reservoirduring non-business hours and weekends and holidays,unless there is an emergency.In an emergency,Lessee will have to call 911 and ask that the City of Renton Water Utility's on-call personnel respond to the emergency in order to provide access to the reservoirladder. 30 of36Exibit AGENDA ITEM #7. d) EXHIBITD LESSEE'SSITE EQUIPMEN SECTOR ALPHASECTOR BETASECTOR GAMMASECTOR EQUIPMENTON PAD TRANSMISSIONCABLE QTY. o-r-|-=o—-o—I-Ho—-I—-o-=4:-J.-4:u—-4:-4:-J3 r- J: - I: -4 :. EQUIPMENT JMA MXOBFR0665—21 Fujitsu TA08025-B505 Fujitsu TAU8025-B504 Raycap Ronnc-9131-PF-43 JMA MXDBFHGEGS-21 Fujitsu TAOSOZS-B605 Fujitsu TA03025-B604 Raycap RDIDC-9181-PF-43 JMA MXOBFROEES-21 Fujitsu TAU3025-B605 Fujisu TAOSOZS-B604 Ravcap RDIDC-9181-PF-43 vcha?es Industry Hex Cube- PM5391SSN4 Equipment Cabinet Battery String Meter Socket 200A PPC Disconnect Generator Plug Fiber Telco Enciosure Fiber MD High-Capcity Hybrid Cables 31of36WirLeaseAgreetxiinn AGENDA ITEM #7. d) rum \‘»n:|uEr(naai A|uE:u~m:—:l.‘I:E‘ Lessee agrees to pay Leasehold Excise Tax (LET)direct|y to the State of Washington and not through the City. EXHIBITE LEASEHOLDEXCISETAX EXEMPTION IF APPLICABL 32 of36xmit Not Applicable LETpaid by Lessee to City. AGENDA ITEM #7. d) EXHIBITF PERFORMANCE BOND Bond No.67423963 5 BOND TO THECITYOF RENTON CITYOF RENTONHIGHLANDSRESERVOIRSITE KNOW ALLMEN BYTHESEPRESENTS: That we,the undersigned Dish Wireless,LLC_ 9601 S.Meridian Blvd.,Englewood,CO 80112 as principal,and Liberty Mutual Insurance Company corporation organized and existing under the laws of the State of Massachusetts as a surety corporation,and quali?ed under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations,as surety are jointly and severally held and ?rmly bound to the City of Renton in the penal sum of Thirty Thousand and No/100dollars [5 30,000.00)for the payment of which sum on demand we bind ourselves and our successors,heirs,administrators or person representatives,as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington,the Ordinance of the City of Renton. Dated at Washington,this day of Nevertheless,the conditions‘of the above obligation are such that:Puget Drive SE SESEAOO280C WHEREAS,under and pursuant to Lease Agreement LAG-Water Tank The principal/lessee is required to ?nish a bond for providing for construction,maintenance and removal of telecommunications facility located at 3410 NE 12"’st,Renton,Washington,commonly referred to as Highlands Reservoir site NOW,THEREFORE,this Performance and Payment Bond shall be satis?ed and released only upon the condition that Principal: o Faithfully performs all provisions of the lease,including but not limited to construction, maintenance and removal of telecommunications equipment and facilities and changes to such equipment and facilities authorized by Owner in the manner and within the time specified as may be extended under the lease; 0 indemnifies and holds Owner,its officers,and agents harmless from and against all claims, liabilities,causes of action,damages,and costs for such payments for labor,equipment,and materials by satisfying all claims and demands incurred under the lease,and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal. No change,extension of time,alteration,or addition to the terms of the lease or to the Work to be perfomted under the lease shall in any way affect Surety‘s obligation on the Performance 33 of 36FormWirelessLeaseAgreement—Exhibit E 20 AGENDA ITEM #7. d) Dish Vwreless,L.L.C .Principal Bond.Surety hereby waives notice of any change,extension of time,alteration,or addition to the terms of the Contract or the Work. This Contract Bond shall be governed and construed by the laws of the State of Washington,and venue shall be in King County,Washington. IN WITNESS WHEREOF,the parties have executed this instrument in two (2)identical counterpartsthis 151 dayof June 203. Signature Title Attome -in-Fact Title Name and address of local of?ce of Libert Mutual Insurance Com an agent and/orSurety Company‘175 Berkaey Street Boston,MA 02116 Liberty MutuaiInsurance Company Surety Signature —Kelli HousworthDaveL 34 of 36FormWirelessLeaseAgreementExhibitG AGENDA ITEM #7. d) @@©za» rate or residual value guarantees.rate ThisPower of Attorneylimitsthe acts of those named herein,and they have no authorityto bind the Company except In the mannerand to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty insurance Company West American Insurance Company POWER OF ATTORNEY KNOWNALLPERSONSBYTHESEPRESENTS:That The OhioCasualty InsuranceCompany is a corporationdulyorganizedunderthe laws of the State of New Hampshire,thatLibertyMutualinsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,and WestAmericanInsuranceCompanyis a corporation dulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe "Companies").pursuant to and by authorityhereinset forth.doesherebyname,constituteand appoint,An eta R. Yanofsky,John Brownin ,Justin Tomlin.Kelli E Housworth Shaleen R.Lovitt,Sheila 1.Monte a,Susan J.Lattamlo,Tanna G.Prince,Thomas F.McCoy Jr. Certi?cateNo:8206020-965023 SURETY all of the cityof Denver state of C0 each individuallyifthere be morethan one named,itstrue and lawfulattorney~in-factto make,execute.seal.acknowledgeand deliver,forand on its behalfas suretyand as its act and deed,any and allundertakings,bonds,recognizancesand othersurety obligations,in pursuance of these presents and shallbe as bindingupon the Companiesas it they have been dulysigned by the presidentand attestedby the secretaryof the Companies in their ownproper persons. INWITNESSWHEREOF,thisPowerof Atlomeyhas been subscribedby an authorizedofliceror officialof the Companiesand the corporateseals of the Companies have beenarnxed theretothis 27th day of Jul ,2021 LibertyMutualInsuranceCompany \NSu ‘yr Ilvst,‘._\t~|Str TheOhioCasualtyInsuranceCompany$°V:¢:o“"°"4f€4&‘:“;?$GoW°R«,;V.,a$:<,oi*“°*?4,{:“;‘-.“West AmericanInsuranceCompany 5 \9 F‘lu ‘ 5 ?P1912<P§%$19194“S,‘:1 1991 #8 Z4;)‘’*'4cHu5'‘45 °9“'?rAut=5"\.¢§fa -'Irm,mr _At>B _r J 9/7 *}.‘\s/‘ix #4 i )3‘4'*5 .1"y‘.-" DavidM.Carey,AssistantSecretary State of PENNSYLVANIA 55CountyofMONTGOMERY On this 27th day of Jul Company,The OhioCasualty Company,and West AmericanInsuranceCompany,and that he,as such,beingauthorizedso to do,execute the foregoinginslmmentforthe purposes thereincontainedbysigningon behalfofthe corporations by himselfas a dulyauthorizedol?cer. INWITNESSWHEREOF,I have hereuntosubscribedmy nameand aflixedmynotarialseal at Kingof Prussia,Pennsylvania,onthe day andyear?rst above written. Commonwealthof Pennsytvanla -Notary Seal Teresa Pastelta,Notary Public * MontgomeryCounty Mycomrnisainn expires March28,2025 Gommixionnumber 1126044 Member.Pennsylvania Association othlotaries By;/-\«¢lJ 7 eresa Paslella,NotaryPublic This Powerof Attorneyis made and executed pursuant to and by authorityof the followingBy-lawsand Authorizationsof The Ohio CasualtyInsuranceCompany,LibertyMutual InsuranceCompany,andWest AmericanInsuranceCompanywhichresolutionsare nowinfullforce and effect readingas follows: ARTICLEIV—OFFICERS:Section12.Powerof Attorney. Any of?ceror other of?cialof the Corporationauthorizedfor that purpose in writingby the Chairmanor the President,and subject to such limitationas the Chairmanor the Presidentmay prescribe,shall appoint such attorneys-in-fact,as maybe necessaryto act in behalfof the Corporationto make,execute,seal,acknowledgeand deliveras surety any and allundertakings,bonds,recognizances and othersurety obligations.Such attomeys-in-fact,subjectto the limitationsset forthin theirrespectivepowers of attorney,shall have full powerto bindthe Corporationby their signatureand execution of any such instrumentsand to attach theretothe seal of the Corporation.Whenso executed,such instrumentsshallbe as bindingas it signed by the President and attested to by the Secretary.Anypoweror authoritygranted to any representative or attorney-in-factunderthe provisionsof thisarticlemaybe revoked at any timebythe Board,the Chairman.the Presidentor by the of?ceror oflicersgrantingsuch poweror authority. ARTICLEXIII—Executionof Contracts:Section5.SuretyBondsand Undertakings. Anyof?cerof the Companyauthorizedforthat purposeinwritingby the chairmanor the president,and subject to such limitationsas the chairmanor the president mayprescribe, shallappoint suchattomeys-in-fact,as may be necessary to act in behalfof the Companyto make,execute,seal.acknowledgeand deliveras surety any and all undertakings, bonds,recognizanoesand other surety obligations.Such attomeys-in-factsubjectto the limitationsset forthin theirrespectivepowers of attorney,shallhavefullpowerto bindthe Companyby theirsignatureand execution of any such instrumentsand to attach thereto the seal of the Company.Whenso executed such instrumentsshallbe as bindingas if signed by the presidentand attestedby the secretary. certi?cate of Designation—The Presidentof the Company,actingpursuant to the Bylawsof the Company,authorizesDavidM.Carey,AssistantSecretarytoappoint such attomeys-in- fact as may be necessary to act on behalfof the Companyto make,execute,seal,acknowledgeand deliveras surety any and all undertakings,bonds,recognizancesand othersuretyobligations. Authorization—Byunanimousconsent ofthe Company's Boardof Directors,the Companyconsents that facsimileor mechanicallyreproducedsignatureof any assistantsecretary of the Company,whereverappearingupon a certi?edcopy of any powerof attorneyissued by the Companyinconnectionwithsurety bonds,shallbe validand bindinguponthe Companywiththesameforceandeffectasthoughmanuallyaffixed. I.Renee C.Llewellyn,the undersigned,AssistantSecretary,TheOhioCasualty InsuranceCompany,LibertyMutualInsuranceCompany,and West AmericanInsuranceCompanydo herebycertifythatthe originalpower of attomey of whichthe foregoingis a full,true and correct copyof the Powerof Attorneyexecutedby said Companies,is infullforceand effectand has not been revoked. INTESTIMONYwueneor,I havehereuntoset my hand and af?xedthe seals ofsaid Companiesthis 1st day of 2023. .u \N5Uev vbftIlllsa \NSUQ40“4 o o V 4 §s°“‘°°"‘as 5».»°°“”"‘*§'§,§at 1 12 " 5 s V N r -$9402“1‘,9l?”4:'“as”93410:“No Renee C.Llewellyn,AssistantSecretary LM5-12873 LMIC OCIC WAIC Multi Co 02121 ,2021 beforeme personallyappeared DavidM.Carey,whoacknowledgedhimselfto be theAssistantSecretary of LibertyMutualtnsurance verr lcation inquiries,R@|ibertymutua|.com.or bond and/or owero Attorne Apleasecall610-832-8240 or emaiilOS June ‘six Pas‘;/<o K. Qwouw ¢\(\ .>.\’\1'?~‘1’.° OF «V\‘15"*~ «\\ 9’ AGENDA ITEM #7. d) EXHIBITG INSURANCECERTIFICAT LTI A6030’CERTIFICATE OF LlABlL1TYINSURANCE w,,DB ‘”;§;‘}‘§ (’,'§;"“TH1-SCERTHCATE!5lSSl.IEDA.5AMATTEl(FlPl=(lUlA'?0N OHLYA3lDCDPFERSN0RBI?’S|.IPCll11-ECER17lHCATEHCLDER_11{lS CEITFICATE DIES PDT AFFIRMATNELYUR HE(iATN'ELY AHENB.EXTEIIJ OR ALTER THE CIINERABE AFFGTDED BY TI-E PCIJCIE5 BHJUW.THE CERTlFIC.ATEOF INSURANCEDQESPD'|'COH5'|1TUTE A DCNITRACTBETWEN Tl-E ISSUING Il5URER{S).A|.|T|-KIIRIZED IEFRESEhTA1'NE OR PRCDLEER.ANDTHE CEITIFKIATE HCLDE1 IMPORTANT:?theoa??catePnHer'5i1ADDITlGlAL!H5lREJ.HIepuicy?es}m1skbave Il5URE}pI'avisionsorbEem:|nrsed. If5UBR0GATKIltSWAnED.snbjedho&aienI5adoond?m5of?epdicy.ceI1inpa&ciesmaymmie anendorsement Astatementton ??scer??cdadosndwr?adytsto?aou??uabehddermlkuafsmmemusennmjsy. 519°‘-’°5‘Lmcktmcmnpanies page £11OEU'I:im1A1Iame mu:m Su?:100 E45“. Deuwarco 8402.3? (303)41445009 Imnaimn?ommowumans Inc: Iuauza .I..vACEAmaic:-n1InstnaameCo 2667 ml DISHNEnInrkCu'paa:uinn Mme: DI5HNetvm|'kI.LC-'manna: 9601S.MeridianBh'd.,..,._.,5,,,, Engizwuod,O0 8011?MEIER E: msmatr: CCWHIAGES CERTIFICATE NUMBER:19504753 REVISJONNUMBER:X}GDDQ{X TT'I5ISTO'§RTl"YTH\TTl'EPOL|C£ESCfI¢S1.IiANCELl5TED B&UN|'B\VEBEHl3$LEDTOTHEl3LREDNAI¢ED.F£O\nE FDRTFE POLICY F§Ix NDKZATED.NOT‘W'|THS'T.AHEIOGANY .TERM%CCND|?ON§ANTCUiTRACT%UT?&DOCUHENTWITHRESPEGTTOV“'DCHTHlS CERTIFICATE MAY BE BEE)OR MAY 5'-VEFETAIN.TIE NSLRANCE AFP%E BY THE POUCE5 ESCRJBED FEREIN IS SLBJECT TOALL TIE TENS. EXCLUEDNS MD DDIETDNS OF SUGE POLEIE-‘S.LIl|'T35HO‘|HN MAYHAVEfl‘!REDUCED BY FHDGLHMS. TYFEOFIIIJMHI‘-‘E fOL|CVIIJ|BER unrrs A °°""“"“-°“"“""“""""’1'xsi.647332175 amuzz 3:1-21323 Eaawotm?aacs 2 0'00000 cum-wane coma mamas ‘5 300 000 Standard naasxvwnyausml s T-DUDE-DC{ Cornincmalliab.Pszacn-u.aN:nvnn.?~r 5 2 000 000 aammarannrsunumzsmn oaavumasmrs ;4 000 X Pncuxm-cmrn?ma 54000000 X ‘oven:SIR $500 000 ‘ u.rrouou.5uAaunr NUIAPPIICABIE 90'-B|‘E33"W-E1-NI‘?;x ‘NV 1'“-rm‘BOD"-YN-I-?‘!’tFHIH!°'|.‘3 IICODDOEX mY aon|LYnI.a\rrgaa:|aun ; au'rueou.v .\Lrroeou:r udder!‘‘E33053 s X}GDC{XX ‘-‘"'‘9-‘-*'-''‘5 Down NOTJ-1“-TC§3T£E.-a-(cocaine:5 )DGC|GGG{ E35331-IRE cums-mus AHORECMTE 5 EDDDD-DIX ma newsman 5 EGCGGDI I$“é§'.‘»"io°~$‘"Li‘.‘a."'3'r'r N°“PH"="-*‘3L‘-am 3’ Excmnem NM EJ’E°'''wu£m ‘XXICDDCX 1:-mdumnnm-n umaane-aanma t nya.a:su1:emu=r , Deacnrnonorcvewcrrousnuau EJ_DIsansE-Pcucrunr s CERTIFICATE HOLDER CANCELLATION SHOl.I.DAIiVOF11'EABU\I'EESCmBHJPCH.K3IE3?ECAl§CB.LEDBEFORE «seems W BE mm -' C1tyofR21:_Iun _t __Puhhc ‘Mxdz5J'Fac:ih!:.e5 _mmma_mE_m 1055 souaF;ETvvay (lg/5?) Ran WA 98057 01538-2 5 ACORD CORP "HON.AMrighris reserved. ACORD 25 (2016103)The ACORD nameand logo are registered rnalks of A-CORD 34 of36 DF3CRFTR3iODFOP%aTIG§ILO¢A11OMBIVE|El.B1hiI?1.Al9lC&klBd|E£.Z Hl??id I??j-h|§.W?R2:saszaoonsoc-cuyamammssndzaaaasAa.inmazn:suzaaasraspaasoa:m1Liabaur,-i::eg:i:aabyuumcumaa_ AGENDA ITEM #7. d) EXHIBITH —SAMPLE SHORT FORM MEMORANDUM. If agreed to be used by the Parties. MEMORANDUMOF WIRELESSCOMMUNICATIONFACILITIESSITELEASEAGREEMENT This Memorandum ofWire|ess Communication Facilities Site Lease Agreement ("Memorandum")ismade this__day of 2()_, by and between City of Renton,a Washington municipal corporation {"City"),and DISH Wireless L.L.C.,a Colorado limited liability company ("Lessee"),havinga place of business at 9601South Meridian Boulevard,Englewood,Colorado 80112.Lessee and City are at times collectively referred to hereinafteras the "Parties"or individually as the "Party."This Memorandum is summarized as follows: ‘I Lessee and City entered into a Wireless Communication Facilities Site Lease Agreement ("Agreement")with an effective date of 20_, forthe purpose of installation,operation,maintenance,and management ofa wireless communications faci|ity.A|l ofthe foregoing,in addition to the provisions set forth in the Agreement between the Parties,are incorporated by reference and made a part herein. 2.City,or one ofits affiliates,is the owner of a certain portion of real property located at 3410 NE 12th St.,Renton,WA 98056 being more particularly described in Exhibit A,attached hereto and made a part herein {the "Property"). 3.City has leased to Lessee and Lessee has leased from City,space for Lessee's equipment installation on the Property in the locations as described or depicted in Exhibit B,attached hereto and made a part hereof(the "Premises"),that includes certain right of ways or grants ofeasements for access and utilities as provided in the Agreement {which may or may not be described or depicted in Exhibit B)which easements are in effect,or may be acquired,or granted,throughout the term of the Agreement as renewed or extended subject to the terms and conditions as setforth inthe Agreement. 4 The Agreement has an Initial Term of five (5)years commencing on the Commencement Date,as defined in the Agreement.Lessee shall have the right, at its e|ection,to extend theterm ofthe Agreement,by two (2)additional terms of five (5)years each or in any other such manner as prescribed in the Agreement.If all options to renew are exercised,the Agreement will have a 35 0f36tx«ibn AGENDA ITEM #7. d) :4 \-1|:- -uIyv‘>un-u_::vqgrggupuh F. term of fifteen {15)years from the Commencement Date. City and Lessee possess duplicate copies ofthe originals ofthe Agreement at the addresses setforth above and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertainingthereto. It is expressly understood and agreed by all Parties that the sole purpose of this Memorandum is to give record notice of the Agreement;it being distinctly understood and agreed that said Agreement constitutesthe entire agreement between City and Lessee with respect to the Premises and is hereby incorporated by reference.The Agreement contains and sets forth additional rights,terms,conditions,and obligations not enumerated within this Memorandum which govern the Agreement.This Memorandum isfor information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions ofthe Agreement. In the event of any inconsistency between the terms ofthe Agreement and this Memorandum,the terms of the Agreement shall control.The rights and obligations set forth in the Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs,representatives, successors,and assigns. 36 of36EXhi1|(.:5 AGENDA ITEM #7. d) AB - 3437 City Council Regular Meeting - 02 Oct 2023 SUBJECT/TITLE: Bid Award-Lift Station and Force Main Improvements Phase 3 Construction Contract CAG-23-288, Project No. WWP-27-4223 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Joe Stowell, Wastewater Utility Engineering Manager EXT.: 7212 FISCAL IMPACT SUMMARY: The submitted low bid of $1,229,376.60 is under the engineer’s estimate of $1,679,575.50 by $450,198.90 (27%). There are sufficient funds in available (accounts 426.465508 & 426.465516) for the contract. SUMMARY OF ACTION: Bids for this construction contract were received and opened on Tuesday, September 12, 2023. A total of 5 bids were submitted and the bid amounts are summarized below. Bid submitted by Bid amount Engineers Estimate $1,679,575.50 Equity Builders, LLC $1,229,376.60 Award Construction, Inc $1,273,526.70 Gary Harper Construction, Inc. $1,319,768.70 Road Construction NW, Inc. $1,446,658.95 R L Alia Company $1,820,503.50 The lowest bid opening met the the three Council criteria: 1) More than one bid was submitted; 2) The lowest responsive and responsible bidder was within budget; and 3) There were no irregularities with the lowest responsive and responsible bid. Determination of responsive bid and responsible bidder Wastewater Utility staff has reviewed the submitted bid and determined that the bid is responsive and that Equity Builders, LLC. is a responsible bidder as defined in RCW 39.04.350, in Renton City policy 250 -02 and in section 1-02.14 of the project specifications. The surety has confirmed with staff that the bid bond submitted by Equity Builders, LLC, Inc. is valid. We have checked the bidder’s provided references and determined that they have the required experience and expertise to perform the project. Equity Builders, LLC has successfully completed similar projects including five previous projects with the City of Renton. EXHIBITS: A. Final Bid Tabulation B. Bidder Assessment AGENDA ITEM #7. e) C. City Clerk Bid Tabulation STAFF RECOMMENDATION: The City Council authorizes the Mayor and City Clerk to execute a construction contract for the Lift Station and Force Main Improvements, Phase 3 to Equity Builders, LLC. of Bellingham, WA in the amount of $1,229,376.60. AGENDA ITEM #7. e) CITYOF RENTON BID TABULATION SHEET Project:Lift Station and Force Main Rehab Phase 3 (WWP-27-4223)-CAG-23-288 Due Date:September 12,2023 Bids due by 2:00 pm -Opening at 3:00 pm (Video Conference) Bid Total from Proposal 'Schedule of Prices Ty-inln I I I|JIC FUI III \..CI L DUI IU \..UIII}JI LIDL LLUCIIII HUUCII J.IIILIUUC3 JGICD Idl\ Award Construction,Inc. 980 Willeys Lake Rd Ferndale x x x x x None x $1,273,526.70 WA 98248 Equity Builders,LLC P.O.BOX28940 Bellingham $1,229,376.60 WA 98228 Gary Harper Construction,Inc. 14831 223rd Street SE Snohmish x x x x x x x $1,319,768.70 WA 98296 nglneers slmae -3'3""AGENDA ITEM #7. e) CITYOF RENTON BID TABULATION SHEET Project:Lift Station and Force Main Rehab Phase 3 (WWP-27-4223)-CAG-23-288 Due Date:September 12,2023 Bids due by 2:00 pm -Opening at 3:00 pm (Video Conference) Bid Total from Proposal 'Schedule of Prices Ty-inln I I I|JIC FUI III \..CI L DUI IU \..UIII}JI LIDL LLUCIIII HUUCII J.IIILIUUC3 JGICD Idl\ Northwest Cascade,Inc. P.O.Box 73399 Puyallup $1,446,658.95 WA 98373 R.L.Alia Company 10831 SE 181st St Renton x x x x x x x $1,820,503.50 WA 98055 Road Construction Northwest,Inc. P.O.BOX2228 Renton $1,427,446.50 WA 98056 Engineer's Estimate $1,680,000.00 AGENDA ITEM #7. e) Item Description Determination 1. A Proposal will be considered irregular and will be rejected if: Criteria Met (Per Below) 1.a. The bidder is not prequalified when so required; Not required for this project. 1.b. The authorized proposal form furnished by the Contracting Agency is not used or is altered. Authorized proposal form used. 1.c. The complete proposal form contains any unauthorized additions, deletions, alternate bids, or conditions; No edits to proposal conditions. 1.d. The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; No edits to proposal conditions. 1.e. A price per unit cannot be determined from the bid proposal; Price per unit clearly identified. 1.f. The proposal form is not properly executed; Proposal form submitted with bid. Signed by George Hochstein. 1.g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6. Subcontractor list submitted with bid. 1.h.The bidder fails to submit or properly complete a Disadvantaged, Minority or Women’s Business Enterprise Certification, if applicable, as required in Section 1-02.6; or Not applicable 1.i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation. Definite and unqualified offer. 1.j. More than one proposal is submitted for the same project from a Bidder under the same or different names.One proposal submitted. Item Description Determination 2. A Proposal may be considered irregular and may be rejected if: Criteria Met (Per Below) 2.a. The Proposal does not include a unit price for every Bid item. Unit price included for every bid item. 2.b.Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; All unit prices considered reasonable and balanced. 2.c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; Proposal form submitted with bid. Signed by George Hochstein. 2.d. The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; No edits to proposal conditions. 2.e. Receipt of Addenda is not acknowledged; Receipt of Addenda acknowledged. 2.f.A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or No evidence that members of a joint venture or partnership submitted multiple proposals. 2.g. If the Proposal form entried are not made in ink. Proposal form entries made in ink. Bidder Assessment CAG-23-288 Bid Opening: Sept. 12, 2023 Bidder: Equity Builders LLC Lift Station and Force Main Improvements Phase 3 2022 WSDOT Standard Specifications 1-02.13 Irregular Proposals L&I Doing Business As (DBA): Equity Builders LLC City Special Provisions 1-02.13 Irregular Proposals WA UBI No.: 601 606 620 License No.: EQUITBL987N7 Entity Type: LLC Bidder Assessment-West Hill BPS Improvements Project Page 1 of 3 AGENDA ITEM #7. e) Item Description Determination 1.A Bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04.350. Criteria Met (Per Below) (1)Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: Criteria Met (Per Below) YES L&I Acct ID: 034,303-00 Account is CURRENT (1)(b) Have a current state unified business identifier number; WA UBI: 602 220 464 (1)(c)If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; Meets current requirements Per L&I (1)(d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); No debarments have been issued against this contractor Per L&I. (1)(e) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; No active Washington registered apprentices exist for this business Per L&I. (1)(f) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and Exempt from this requirement Per L&I. (1)(g) Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. No lawsuits against the bond or savings accounts during the previous 6 year period, per L&I. (2) Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement. form submitted with bid. Signed by George Hochstein. 2. A bidder may be deemed not responsible and the proposal rejected if: Criteria Met (Per Below) 2.a. More than one proposal is submitted for the same project from a bidder under the same or different names;One proposal submitted. 2.b.Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; No evidence of collusion. 2.c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; Bidder considered to be qualified. 2.d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women’s Business Enterprise utilization; No evidence of unsatisfactory performance. 2.e.There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; No evidence of uncompleted work. 2.f. The bidder failed to settle bills for labor or materials on past or current contracts; No evidence of unsettled bills. (1)(a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; City Special Provisions 1-02.14 Disqualification of Bidder RCW 39.04.350 Bidder Assessment-West Hill BPS Improvements Project Page 2 of 3 AGENDA ITEM #7. e) 2.g.The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; No evidence of failure to complete a public contract. 2.h. The bidder is unable, financially or otherwise, to perform the Work; No evidence of inability to perform the Work. 2.i. A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27); Meets current requirements Per L&I. 2.j. There are any other reasons deemed proper by the Contracting Agency. No other reasons for rejection. Bidder Assessment-West Hill BPS Improvements Project Page 3 of 3 AGENDA ITEM #7. e) Project Lift Station and Force Main Improvements Phase 3 City of Renton Equity Builders LLC Award Construction, Inc BID DATE:12-Sep-23 Engineers Estimate Item No. Description Unit Quantity Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Schedule A A01 Mobilization, Demobilization, Site Preparation, and Cleanup Lump Sum 1 139,000.00 139,000.00 94,000.00 94,000.00 $130,000.00 130,000.00 A02 Excavation Safety and Shoring Lump Sum 1 3,000.00 3,000.00 600.00 600.00 $10,000.00 10,000.00 A03 Temporary Sedimentation and Erosion Control Lump Sum 1 5,500.00 5,500.00 5,000.00 5,000.00 $6,000.00 6,000.00 A04 Vactor Piping Improvements Lump Sum 1 78,000.00 78,000.00 28,000.00 28,000.00 $42,000.00 42,000.00 A05 Davit Sleeve Replacement Lump Sum 1 13,000.00 13,000.00 7,000.00 7,000.00 $8,000.00 8,000.00 A06 Fencing / Gate Replacement Lump Sum 1 13,500.00 13,500.00 11,000.00 11,000.00 $9,500.00 9,500.00 A07 Kensington Crest Lift Station Coating Removal Lump Sum 1 19,000.00 19,000.00 12,000.00 12,000.00 $11,200.00 11,200.00 A08 Kensington Crest Lift Station Mechanical Lump Sum 1 7,500.00 7,500.00 12,000.00 12,000.00 $15,000.00 15,000.00 A09 Kensington Crest Lift Station Electrical Lump Sum 1 100,000.00 100,000.00 50,000.00 50,000.00 $50,000.00 50,000.00 A10 Lake Washington Beach Lift Station Coating Removal Lump Sum 1 13,500.00 13,500.00 12,000.00 12,000.00 $7,500.00 7,500.00 A11 Lake Washington Beach Lift Station Mechanical Lump Sum 1 7,500.00 7,500.00 13,000.00 13,000.00 $17,000.00 17,000.00 A12 Lake Washington Beach Lift Station Electrical Lump Sum 1 100,000.00 100,000.00 52,000.00 52,000.00 $51,000.00 51,000.00 A13 Liberty Lift Station Meter Manhole Lump Sum 1 50,000.00 50,000.00 83,000.00 83,000.00 $50,000.00 50,000.00 A14 Liberty Lift Station Mechanical Lump Sum 1 12,000.00 12,000.00 13,000.00 13,000.00 $35,000.00 35,000.00 A15 Liberty Lift Station Electrical Lump Sum 1 140,000.00 140,000.00 85,000.00 85,000.00 $78,000.00 78,000.00 A16 Lake Washington No. 2 Lift Station Electrical Lump Sum 1 117,000.00 117,000.00 98,000.00 98,000.00 $64,500.00 64,500.00 A17 Long Lift Station Mechanical Lump Sum 1 6,000.00 6,000.00 14,000.00 14,000.00 $15,000.00 15,000.00 A18 Talbot Crest Lift Station Wet Well Coating Removal Lump Sum 1 18,000.00 18,000.00 12,000.00 12,000.00 $40,000.00 40,000.00 A19 Talbot Crest Lift Station Wet Well Leak Repair Force Account 1 10,000.00 10,000.00 10,000.00 10,000.00 $10,000.00 10,000.00 A20 Talbot Crest Lift Station Mechanical Lump Sum 1 14,000.00 14,000.00 32,000.00 32,000.00 $20,000.00 20,000.00 A21 Talbot Crest Lift Station Electrical Lump Sum 1 109,500.00 109,500.00 60,000.00 60,000.00 $63,000.00 63,000.00 A22 Wedgewood Lift Station Mechanical Lump Sum 1 9,000.00 9,000.00 14,000.00 14,000.00 $15,000.00 15,000.00 A23 Wedgewood Lift Station Electrical Lump Sum 1 100,000.00 100,000.00 50.00 50,000.00 $50,500.00 50,500.00 A24 Westview Lift Station Electrical Lump Sum 1 100,000.00 100,000.00 51,000.00 51,000.00 $50,500.00 50,500.00 A25 Cottonwood Lift Station Pumps and Motors Lump Sum 1 96,000.00 96,000.00 93,000.00 93,000.00 $124,000.00 124,000.00 A26 Cottonwood Lift Station Mechanical Lump Sum 1 28,500.00 28,500.00 42,000.00 42,000.00 $37,000.00 37,000.00 A27 Cottonwood Lift Station Electrical Lump Sum 1 156,000.00 156,000.00 103,000.00 103,000.00 $87,000.00 87,000.00 A28 Operations and Maintenance (O&M) Manuals and On-site Owner TrainingLump Sum 1 5,000.00 5,000.00 5,000.00 5,000.00 $5,000.00 5,000.00 A29 Minor Change Force Account 1 50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 A30 Prepare Construction Records Lump Sum 1 5,000.00 5,000.00 5,000.00 5,000.00 $5,000.00 5,000.00 Subtotal A 1,525,500.00 Subtotal A 1,116,600.00 Subtotal A 1,156,700.00 Tax 10.1% 154,075.50 Tax 10.1% 112,776.60 Tax 10.1% 116,826.70 Total A 1,679,575.50 Total A 1,229,376.60 Total A 1,273,526.70 AGENDA ITEM #7. e) Project Lift Station and Force Main Improvements Phase 3 BID DATE:12-Sep-23 Item No. Description Unit Quantity Schedule A A01 Mobilization, Demobilization, Site Preparation, and Cleanup Lump Sum 1 A02 Excavation Safety and Shoring Lump Sum 1 A03 Temporary Sedimentation and Erosion Control Lump Sum 1 A04 Vactor Piping Improvements Lump Sum 1 A05 Davit Sleeve Replacement Lump Sum 1 A06 Fencing / Gate Replacement Lump Sum 1 A07 Kensington Crest Lift Station Coating Removal Lump Sum 1 A08 Kensington Crest Lift Station Mechanical Lump Sum 1 A09 Kensington Crest Lift Station Electrical Lump Sum 1 A10 Lake Washington Beach Lift Station Coating Removal Lump Sum 1 A11 Lake Washington Beach Lift Station Mechanical Lump Sum 1 A12 Lake Washington Beach Lift Station Electrical Lump Sum 1 A13 Liberty Lift Station Meter Manhole Lump Sum 1 A14 Liberty Lift Station Mechanical Lump Sum 1 A15 Liberty Lift Station Electrical Lump Sum 1 A16 Lake Washington No. 2 Lift Station Electrical Lump Sum 1 A17 Long Lift Station Mechanical Lump Sum 1 A18 Talbot Crest Lift Station Wet Well Coating Removal Lump Sum 1 A19 Talbot Crest Lift Station Wet Well Leak Repair Force Account 1 A20 Talbot Crest Lift Station Mechanical Lump Sum 1 A21 Talbot Crest Lift Station Electrical Lump Sum 1 A22 Wedgewood Lift Station Mechanical Lump Sum 1 A23 Wedgewood Lift Station Electrical Lump Sum 1 A24 Westview Lift Station Electrical Lump Sum 1 A25 Cottonwood Lift Station Pumps and Motors Lump Sum 1 A26 Cottonwood Lift Station Mechanical Lump Sum 1 A27 Cottonwood Lift Station Electrical Lump Sum 1 A28 Operations and Maintenance (O&M) Manuals and On-site Owner TrainingLump Sum 1 A29 Minor Change Force Account 1 A30 Prepare Construction Records Lump Sum 1 Gary Harper Construction, Inc Road Construction Northwest, Inc Northwest Cascade, Inc Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount $124,400.00 124,400.00 $150,000.00 150,000.00 $129,200.00 129,200.00 $8,500.00 8,500.00 $8,000.00 8,000.00 $95,000.00 95,000.00 $7,600.00 7,600.00 $15,000.00 15,000.00 $29,500.00 29,500.00 $39,600.00 39,600.00 $51,000.00 51,000.00 $30,500.00 30,500.00 $5,500.00 5,500.00 $18,000.00 18,000.00 $30,000.00 30,000.00 $9,100.00 9,100.00 $8,000.00 8,000.00 $7,850.00 7,850.00 $24,400.00 24,400.00 $5,500.00 5,500.00 $5,500.00 5,500.00 $8,600.00 8,600.00 $25,000.00 25,000.00 $46,000.00 46,000.00 $99,400.00 99,400.00 $65,000.00 65,000.00 $55,000.00 55,000.00 $22,700.00 22,700.00 $5,500.00 5,500.00 $7,500.00 7,500.00 $9,000.00 9,000.00 $26,000.00 26,000.00 $39,000.00 39,000.00 $52,200.00 52,200.00 $87,000.00 87,000.00 $51,500.00 51,500.00 $73,400.00 73,400.00 $65,000.00 65,000.00 $46,000.00 46,000.00 $33,000.00 33,000.00 $26,000.00 26,000.00 $35,000.00 35,000.00 $62,700.00 62,700.00 $74,500.00 74,500.00 $80,000.00 80,000.00 $67,200.00 67,200.00 $70,000.00 70,000.00 $63,195.00 63,195.00 $9,200.00 9,200.00 $26,000.00 26,000.00 $42,000.00 42,000.00 $22,000.00 22,000.00 $5,500.00 5,500.00 $6,000.00 6,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $16,800.00 16,800.00 $33,000.00 33,000.00 $65,750.00 65,750.00 $63,300.00 63,300.00 $75,000.00 75,000.00 $64,500.00 64,500.00 $10,900.00 10,900.00 $32,000.00 32,000.00 $18,550.00 18,550.00 $52,200.00 52,200.00 $60,000.00 60,000.00 $51,950.00 51,950.00 $60,300.00 60,300.00 $57,500.00 57,500.00 $51,500.00 51,500.00 $84,600.00 84,600.00 $102,000.00 102,000.00 $70,500.00 70,500.00 $32,700.00 32,700.00 $30,000.00 30,000.00 $38,955.00 38,955.00 $129,400.00 129,400.00 $106,000.00 106,000.00 $83,500.00 83,500.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $50,000.00 50,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 Subtotal A 1,198,700.00 Subtotal A 1,296,500.00 Subtotal A 1,313,950.00 Tax 10.1% 121,068.70 Tax 10.1% 130,946.50 Tax 10.1% 132,708.95 Total A 1,319,768.70 Total A 1,427,446.50 Total A 1,446,658.95 AGENDA ITEM #7. e) Project Lift Station and Force Main Improvements Phase 3 BID DATE:12-Sep-23 Item No. Description Unit Quantity Schedule A A01 Mobilization, Demobilization, Site Preparation, and Cleanup Lump Sum 1 A02 Excavation Safety and Shoring Lump Sum 1 A03 Temporary Sedimentation and Erosion Control Lump Sum 1 A04 Vactor Piping Improvements Lump Sum 1 A05 Davit Sleeve Replacement Lump Sum 1 A06 Fencing / Gate Replacement Lump Sum 1 A07 Kensington Crest Lift Station Coating Removal Lump Sum 1 A08 Kensington Crest Lift Station Mechanical Lump Sum 1 A09 Kensington Crest Lift Station Electrical Lump Sum 1 A10 Lake Washington Beach Lift Station Coating Removal Lump Sum 1 A11 Lake Washington Beach Lift Station Mechanical Lump Sum 1 A12 Lake Washington Beach Lift Station Electrical Lump Sum 1 A13 Liberty Lift Station Meter Manhole Lump Sum 1 A14 Liberty Lift Station Mechanical Lump Sum 1 A15 Liberty Lift Station Electrical Lump Sum 1 A16 Lake Washington No. 2 Lift Station Electrical Lump Sum 1 A17 Long Lift Station Mechanical Lump Sum 1 A18 Talbot Crest Lift Station Wet Well Coating Removal Lump Sum 1 A19 Talbot Crest Lift Station Wet Well Leak Repair Force Account 1 A20 Talbot Crest Lift Station Mechanical Lump Sum 1 A21 Talbot Crest Lift Station Electrical Lump Sum 1 A22 Wedgewood Lift Station Mechanical Lump Sum 1 A23 Wedgewood Lift Station Electrical Lump Sum 1 A24 Westview Lift Station Electrical Lump Sum 1 A25 Cottonwood Lift Station Pumps and Motors Lump Sum 1 A26 Cottonwood Lift Station Mechanical Lump Sum 1 A27 Cottonwood Lift Station Electrical Lump Sum 1 A28 Operations and Maintenance (O&M) Manuals and On-site Owner TrainingLump Sum 1 A29 Minor Change Force Account 1 A30 Prepare Construction Records Lump Sum 1 R L Alia Company Unit Price Bid Amount $175,000.00 175,000.00 $3,000.00 3,000.00 $3,000.00 3,000.00 $95,000.00 95,000.00 $25,000.00 25,000.00 $18,000.00 18,000.00 $12,000.00 12,000.00 $35,000.00 35,000.00 $81,000.00 81,000.00 $12,000.00 12,000.00 $35,000.00 35,000.00 $86,000.00 86,000.00 $80,000.00 80,000.00 $37,000.00 37,000.00 $68,000.00 68,000.00 $86,000.00 86,000.00 $29,000.00 29,000.00 $17,000.00 17,000.00 $10,000.00 10,000.00 $45,000.00 45,000.00 $67,000.00 67,000.00 $37,000.00 37,000.00 $63,000.00 63,000.00 $64,000.00 64,000.00 $300,000.00 300,000.00 $58,500.00 58,500.00 $52,000.00 52,000.00 $5,000.00 5,000.00 $50,000.00 50,000.00 $5,000.00 5,000.00 Subtotal A 1,653,500.00 Tax 10.1% 167,003.50 Total A 1,820,503.50 AGENDA ITEM #7. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE RENTON TRANSPORTATION BENEFIT DISTRICT, AMENDING CHAPTER 5-27 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 14, 2023, the City Council adopted Ordinance No. 6115 creating the Renton Transportation Benefit District (RTBD) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (SESSB 5987) which, at section 301, codified in chapter 36.74 RCW authorizes the City to assume the rights, powers, functions, and obligations of the existing RTBD ; and WHEREAS, the City Council desires to continue the work and function of the RTBD as defined by chapter 36.73 RCW and Ordinance No. 6115 without the necessity of maintaining a separate entity; and WHEREAS, the City Council, after giving proper notice, conducted a public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and WHEREAS, the City Council has determined that the public interest and welfare will be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the existing RTBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM # 9. a) ORDINANCE NO. ________ 2 SECTION I. Pursuant to SESSB 5987 Section 301 and Section 303, codified in chapter 36.74 RCW, the City of Renton hereby assumes all of the rights, powers, immunities, functions, and obligations of the RTBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the RTBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the RTBD are hereby assumed by and transferred to the Renton City Council. SECTION II. Pursuant to SESSB 5987 Section 303(2), codified in RCW 36.74.030, the governing body established in RMC 5.27.020 is hereby abolished and the City Council is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the RTBD. SECTION III. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION IV. Chapter 5-27 of the Renton Municipal Code is amended to read as follows: CHAPTER 5.27 RENTON TRANSPORTATION BENEFIT DISTRICT SECTION: 5-27-010: Establishing Transportation Benefit District. 5-27-020: Governing board Transportation Benefit District Assumed. 5-27-030: Powers of the district. 5-27-040: Use of funds. 5-27-050: Dissolution of the District 5-27-010 ESTABLISHING TRANSPORTATION BENEFIT DISTRICT: AGENDA ITEM # 9. a) ORDINANCE NO. ________ 3 There is hereby created Renton Transportation Benefit District (RTBD) with geographical boundaries comprised of the existing corporate limits of the City, and as those boundaries may be adjusted in the future. 5-27-020 GOVERNING BOARD TRANSPORTATION BENEFIT DISTRICT ASSUMED: The governing board of the RTBD shall be the Renton City Council acting in an ex officio and independent fashion The rights, powers, immunities, functions and obligations of RTBD are assumed by the City of Renton which is vested with every right, power immunity, function and obligation granted to and possessed by the RTBD. 5-27-030 POWERS OF THE DISTRICT: A. The Board City of Renton shall have and may exercise any powers set out in chapter 36.73 RCW to fulfill the purpose of the RTBD. B. Consistent with RCW 36.73.020(4), the secretary/treasurer of RTBD shall be the City Finance Administrator. As such, the Finance Administrator shall establish those funds and accounts on behalf of RTBD as required and shall disburse funds and pay claims as approved by the RTBD Board and prepare and maintain such accounts either as appropriate and/or required by state or federal law or both. C. The City Attorney will serve as legal advisor to the RTBD Board, except where separate counsel is engaged by RTBD. D. Other City employees shall carry out the operations of RTBD as agreed by RTBD and the City. Such employees and the contracts of RTBD shall be overseen AGENDA ITEM # 9. a) ORDINANCE NO. ________ 4 and administrated either by the Mayor and/or her/histhe Mayor’s designee or both. E. The RTBD Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent (20%), as identified in the District’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. F. The RTBD Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 5-27-040 USE OF FUNDS: Funds available to the RTBD may be used for any purpose allowed by chapter 36.73 RCW with emphases emphasis on meeting the unfunded needs of the City’s Overlay Program and Walkway Program within the currently adopted Six Year Transportation Program. 5-27-050 DISSOLUTION OF THE DISTRICT: The district shall be dissolved when all indebtedness of the district is retired and when all the district’s anticipated responsibilities have been satisfied. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City AGENDA ITEM # 9. a) ORDINANCE NO. ________ 5 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the day of , 2023. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2023. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-PW:2273:08/28/2023 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-2-060.J AND 4-2-080.A.29 OF THE RENTON MUNICIPAL CODE REGARDING ZONING FOR SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton has determined it needs to update the locations and conditions under which indoor and outdoor sports arenas, auditoriums, and exhibition halls are allowed; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on March 31, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on August 2, 2023, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Section 4-2-060.J of the Renton Municipal Code is amended as shown in Attachment A which is attached and incorporated herein. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 2 SECTION III. Section 4-2-080.A.29 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-080.A shall remain unchanged. 29. Specified use(s) are only allowed in the Employment Area (EA) land use designation west of Rainier Avenue South/ SR-167, provided: a. Gambling facilities, vehicle and equipment rental, and communication broadcast and relay towers are prohibited within the area south of I-405 and north of SW 16th Street. b. The following uses Outdoor storage (existing and new), vehicle storage, and large vehicle sales are only allowed in the area south of I-405 and west of Rainier Avenue South/SR-167:. i. Indoor or outdoor sports arenas, auditoriums, and exhibition halls; ii. Outdoor storage (existing and new) as a primary use (outdoor storage is allowed as an accessory use in all industrial zones); iii. Vehicle storage; and iv. Large vehicle sales. Outdoor storage is allowed as an accessory use in all industrial zones. c. Bulk storage shall be subject to the special permits provisions of RMC 4-9-220. Bulk storage is only allowed at least one hundred feet (100') from any residential zoning designations. Bulk storage shall be consistent with the provisions of RMC 4-4-110, Storage, Bulk. d. Medical institutions shall be subject to the provisions for Urban Design District ‘D’ pursuant to RMC 4-3-100, Urban Design Regulations. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 3 SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION V. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL the day of , 2023. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2023. Armondo Pavone, Mayor AGENDA ITEM # 9. b) ORDINANCE NO. ________ 4 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:2276:09/05/2023 AGENDA ITEM # 9. b) 5 ATTACHMENT A 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R- 10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business (RMC 4-3-010) P P P P P P12 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD Dance clubs P29 P29 P29 AD P20 AD P29 AD Dance halls P29 P29 P29 AD P20 AD P29 AD Gaming/gambling facilities, not- for-profit H29 H29 H29 H20 H29 Movie theaters P29 P29 P29 AD P20 P P12 P82 P82 Smoking lounge Sports arenas, auditoriums, exhibition halls, indoor PAD29 PAD29 PAD29 P20 P AD29 H18 H18 Sports arenas, auditoriums, exhibition halls, outdoor PAD29 PAD29 PAD29 AD20 AD29 H18 H18 Recreation AGENDA ITEM # 9. b) ORDINANCE NO. ________ 6 USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R- 10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Golf courses (existing) P P P P P P P Golf courses, new H P H H H H H Marinas P P21 H H Recreational facilities, indoor, existing H P33 P29 P29 P29 P P P P54 P21 P82 P82 Recreational facilities, indoor, new H P29 P4 P P P91 P12 P21 P82 P82 Recreational facilities, outdoor P29 P29 P29 H20 H29 H83 H83 AGENDA ITEM # 9. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-190.D, 4-1-190.G.4, AND 4-1-190.I.2 OF THE RENTON MUNICIPAL CODE, AMENDING IMPACT FEE REGULATIONS REGARDING IMPACT FEE DEDUCTIONS, AND ADDING A DEFINITION AND IMPACT FEE EXEMPTION STANDARDS RELATED TO EARLY LEARNING FACILITIES, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 82.02.050, the purpose of impact fees is to ensure that adequate public facilities are available to serve new growth and development by imposing fees on that new growth and development which are proportional to the impact it has on the City in regards to transportation, parks, fire and emergency services, and schools; and WHEREAS, the City seeks to exempt early learning facilities from eighty percent (80%) of the transportation impact fees pursuant to RCW 82.02.060; and WHEREAS, RMC 4-1-190.G.4 provides a time limit of three years for which the credit toward impact fees from the previous use of most vacant buildings can be utilized; and WHEREAS, RMC 4-1-190.G.4 does not apply a vacancy time limit for single family dwelling units in order to use an impact fee deduction, and the City seeks to extend this to all dwelling unit types; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 2, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and AGENDA ITEM # 9. c) ORDINANCE NO. ________ 2 WHEREAS, the Planning Commission held a public hearing on June 21, 2023, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-1-190.D of the Renton Municipal Code is amended as follows: D. DEFINITIONS: The words and terms defined below shall have the following meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary meaning. 1. “Administrator” means the Administrator or designee of the Department of Community and Economic Development. 2. “Applicant” for the purposes of this Section includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. 3. “Building permit” means an official document or certification which is issued by the City and which authorizes the construction, alteration, AGENDA ITEM # 9. c) ORDINANCE NO. ________ 3 enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. 4. “Capital facilities plan” means the capital facilities element of the City’s Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as amended. 5. “City” means the City of Renton. 6. “Classrooms” means educational facilities of each respective school district that the district determines are necessary to best serve its student population and that are required to house students for its basic educational program. Specialized facilities as identified by the school district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. 7. “Construction cost per student” means the estimated cost of construction of a permanent school facility in the school district for the grade span of school to be provided, as a function of the school district’s design standard per grade span and the requirements of students with special needs. 8. “Council” means the Renton City Council. 9. “Department” means the City’s Department of Community and Economic Development. 10. “Development activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that generate the need for additional public facilities. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 4 11. “Development approval” means any written authorization from the City of Renton which authorizes the commencement of a development activity. 12. “Early Learning Facility” is the same as defined in RCW 43.31.565(3) as now enacted or hereafter amended. 1213. “Elderly” means a person aged sixty two (62) or older. 1314. “Encumbered” for transportation and parks means to reserve, set aside, or otherwise earmark impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. For school and fire it means impact fees identified by the district or RRFA as being committed as part of the funding for a facility for which the publicly funded share has been assured or building permits sought or construction contracts let. 1415. “Feepayer” is any person, collection of persons, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. “Feepayer” includes an applicant for an impact fee credit. 1516. “Fee Schedule” is the City of Renton Fee Schedule detailing amounts to be paid for various permits, licenses, etc., that is published, kept on file, and made available to the public on the City’s website and in the office of the Renton City Clerk. 1617. “Fire capital facilities plan” means the RRFA’s capital improvement plan adopted by the RRFA’s governing board that includes the following: AGENDA ITEM # 9. c) ORDINANCE NO. ________ 5 a. An inventory of existing capital facilities and equipment owned by the RRFA, their locations, and capacities. b. The identification of the demands projected new development is anticipated to place on existing fire protection facilities and equipment. c. A forecast of the capital facilities and equipment necessary to meet the RRFA’s adopted level of service with the increased demand of new development within the RRFA. d. The proposed locations of expanded or new capital facilities and equipment and the associated timeline for construction or expansion. e. At least a six (6) year financing component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed fire protection facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues. f. Any other long-range projects planned by the RRFA. 1718. “Fire protection” shall mean fire protection facilities, including but not limited to fire stations, fire apparatus, and any furnishings and equipment that can be capitalized. 1819. “Grade span” means the categories into which a school district groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 1920. “Hearing Examiner” shall mean that person or persons acting as the Renton Hearing Examiner. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 6 2021. “Impact fee” means a payment of money imposed by the City of Renton on development activity pursuant to this Section as a condition of granting development approval. An impact fee does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the fee for reviewing independent fee calculations, or the fee for deferring payment of impact fees. 2122. “Impact fee account(s)” means the separate accounting structure(s) within the City’s established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the impact fees that are collected. The account(s) shall be established pursuant to subsection M of this Section and shall comply with the requirements of RCW 82.02.070. 2223. “Independent fee calculation” means the transportation impact fee calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation, parks or fire protection impact fee other than by the use of the rates published in the Fee Schedule, or the calculations prepared by the department where none of the fee categories or fee amounts in the Fee Schedule accurately describe or capture the impacts of the development activity on public facilities. 2324. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 7 2425. “Parks” shall mean parks, open space, and recreation facilities including but not limited to land, improvements, and any furnishings and equipment that can be capitalized. 2526. “Permanent school facilities” means the facilities of a school district with a fixed foundation which are not relocatable facilities. 2627. “Permit for change of use or change of use permit” means an official document which is issued by the City which authorizes a change of use of an existing building or structure or land. 2728. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project, are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. 2829. “Public facilities,” for purposes of this Section, means the following capital facilities owned or operated by the City of Renton, school districts, Renton Regional Fire Authority, or other governmental entities: public streets and roads, public parks, open space and recreation facilities and fire protection facilities. 2930. “Rate Study” means any rate study relating to impact fees for transportation, parks, or fire protection adopted by the City of Renton. 3031. “Relocatable facility” means any factory-built structure, transportable in one or more sections, such as that which is designed to be used as an education AGENDA ITEM # 9. c) ORDINANCE NO. ________ 8 space needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. 3132. “Relocatable facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of a school district’s design standard per grade span and the requirements of students with special needs. 3233. “RRFA” means the Renton Regional Fire Authority, a Washington State municipal corporation established and operating pursuant to chapter 52.26 RCW. 3334. “School capital facilities plan” means each respective school district’s capital facilities plan adopted by the School Board, which shall consist of: a. A forecast of future needs for school facilities based on the school district’s enrollment projections; b. The long-range construction and capital improvements projects of the school district; c. The schools under construction or expansion; d. The proposed locations and capacities of expanded or new school facilities; e. At least a six (6) year financing plan component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for AGENDA ITEM # 9. c) ORDINANCE NO. ________ 9 such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and f. Any other long-range projects planned by the school district. 3435. “School district design standard” means the space required, by grade span, including the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in each respective school district’s capital facilities plan. 3536. “Site cost per student” means the estimated cost of a site in a school district for the grade span of school to be provided, as a function of the school district’s design standard per grade span and the requirements of students with special needs. 3637. “Standard of service” means the standard adopted by a school district which identifies the program year, the class size by grade span and the requirements of students with special needs, the number of classrooms, the types of facilities the school district believes will best serve its student population, and other factors as identified by a school district. The school district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pursuant to a Board resolution, “transitional facilities” shall mean those facilities that are used to cover the time required for the construction of permanent school facilities; provided, that the school district has the necessary AGENDA ITEM # 9. c) ORDINANCE NO. ________ 10 financial commitments in place to complete the permanent school facilities called for in the school district’s capital facilities plan. 3738. “Street” or “road” means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which enable motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations. For purposes of this Section, public streets and roads are collectively referred to as “transportation.” 3839. “Student factor” means the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on a school district’s record of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided, that if such information is not available in the school district, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans. 3940. “System improvements,” for purposes of this Section, means public facilities that are included in the City of Renton’s capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. 4041. “Transportation” means public streets and roads and related appurtenances. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 11 SECTION III. Subsection 4-1-190.G.4 of the Renton Municipal Code is amended as follows: 4. Impact Fee Deductions for Vacant Structures or Buildings: For the purposes of this Section, an existing structure or building or portion thereof charged impact fees can be deemed vacant only after it has first been occupied. For development that is charged impact fees for commercial use(s), occupancy shall be demonstrated by the issuance of a business license. Impact fee deductions for vacant structures or buildings shall apply as follows: There is not a limit on the number of years a single family dwelling unit is vacant to be eligible to use an impact fee deduction. a. When an existing structure or building or portion thereof has been vacant for less than three (3) years, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. b. Except for dwelling units, Wwhen an existing structure or building or portion thereof has been vacant for a period of three (3) years or more, the impact fee shall be the applicable impact fee for the land use of the new category; there shall not be a deduction of the impact fee that was or was not previously paid for AGENDA ITEM # 9. c) ORDINANCE NO. ________ 12 the land use category of the prior use. Dwelling units are eligible for impact fee deductions regardless of the duration the unit has been vacant. SECTION IV. Subsection 4-1-190.I.2 of the Renton Municipal Code is amended to add a new subsection 4-1-190.I.2.h to read as follows: 2. Transportation, Parks, and Fire Impact Fees: Except as provided for below, the following shall be exempted from the payment of all transportation, parks, and fire impact fees: a. Alteration or replacement of an existing residential structure that does not create an additional dwelling unit or change the type of dwelling unit. b. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use. c. Miscellaneous improvements which do not generate increased need for public facilities, including, but not limited to, fences, walls, residential swimming pools, and signs. d. Demolition or moving of a structure. e. Projects that have undergone prior State Environmental Policy Act (SEPA) review and received a final decision that includes mitigation requirements on the condition that the SEPA mitigation obligation has or will be fulfilled by the time the impact fees, if applicable, would be due. f. Housing that qualifies for waived fees under the provisions of RMC 4-1- 210. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 13 g. Temporary manufactured homes for medical hardships that meet the criteria identified in RMC 4-9-240. h. An Early Learning Facility is exempt from paying eighty percent (80%) of the required Transportation Impact Fee. This exemption is reflected in the Fee Schedule. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL the _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk AGENDA ITEM # 9. c) ORDINANCE NO. ________ 14 APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED:2270:9/5/23 AGENDA ITEM # 9. c)