HomeMy WebLinkAboutRegular Council Agenda Packet - 07 Jan 2013 - PdfAGENDA
RENTON CITY COUNCIL
REGULAR MEETING
January 7, 2013
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. National Mentoring Month ‐ January 2013
4.ADMINISTRATIVE REPORT
5.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one‐half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
6.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 12/10/2012. Council concur.
b. City Clerk reports bid opening on 12/11/2012 for CAG‐12‐159, Wells PW‐8, PW‐9, and EW‐3
Primary Disinfection project; nine bids; engineer’s estimate $796,327.80; and submits staff
recommendation to award the contract to the low bidder, R.L. Alia Company, in the amount of
$874,889.67. Council concur.
c. Court Case filed by Liberty Ridge Homeowners Association, represented by David M. Tall,
Attorney for Plaintiff, v. Thanh T. Ngo, The Bank of New York Mellon, CWALT, Inc., MERS, and
the City of Renton regarding a complaint to foreclose lien for homeowner assessments. Refer
to City Attorney and Insurance Services.
d. Court Case filed by Lori Giometti, represented by Thomas J. West and Patrick R. West,
Attorneys for Plaintiff, regarding an alleged slip and fall in the parking lot of the Maplewood
Golf Course. Refer to City Attorney and Insurance Services.
e. Community and Economic Development Department requests authorization of the work
program for the 2015 Major Comprehensive Plan Update and approval of the related Public
Participation Plan. Refer to Planning and Development Committee.
f. Community Services Department recommends approval of a five‐year lease with Puget Sound
Access in the amount of $2,500 per month for use of Carco Theater. Refer to Finance
Committee.
Page 1 of 111
g. Utilities Systems Division submits CAG‐12‐078, Earlington Sewer Replacement, Phase II
project; and requests approval of the project, authorization for final pay estimate in the
amount of $15,330, commencement of a 60‐day lien period, and release of retainage bond in
the amount of $35,742.22 to Shoreline Construction Company, Inc., contractor, if all required
releases are obtained. Council concur.
7.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. Committee of the Whole: Lease of Jail Space with Renton Ecumenical Association of Churches
b. Finance Committee: Vouchers; Municipal Court Revenue & Collections
8.RESOLUTIONS AND ORDINANCES
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
10.AUDIENCE COMMENT
11.EXECUTIVE SESSION - Labor Negotiations (RCW 42.30.140.4.a.) 30 minutes
12.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
January 7, 2013
Monday, 6 p.m.
Regional Issues Update
• 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 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 111
3a. ‐ National Mentoring Month ‐ January 2013 Page 3 of 111
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Award of Bid Opening on 12/11/2012 for CAG-12-
159; Wells PW-8, PW-9, and EW-3 Primary
Disinfection Project
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Staff Recommendation
Bid Tab (nine bids)
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 874,889.67 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ 1,400,000 City Share Total Project: $
SUMMARY OF ACTION:
Engineer's Estimate: $796,327.80
In accordance with Council procedure, bids submitted at the subject bid opening met the following three
criteria: There was more than one bid, there were no irregularities with the low bid, and the low bid
was within total project budget. Therefore, staff recommends accepting the low bid from R.L. Alia
Company in the amount of $874,889.67.
STAFF RECOMMENDATION:
Accept the low bid from R.L. Alia Company in the amount of $874,889.67 for the Wells PW-8, PW-9, and
EW-3 Primary Disinfection Project.
6b. ‐ City Clerk reports bid opening on 12/11/2012 for CAG‐12‐159,
Wells PW‐8, PW‐9, and EW‐3 Primary Disinfection project; nine bids; Page 4 of 111
6b. ‐ City Clerk reports bid opening on 12/11/2012 for CAG‐12‐159,
Wells PW‐8, PW‐9, and EW‐3 Primary Disinfection project; nine bids; Page 5 of 111
6b. ‐ City Clerk reports bid opening on 12/11/2012 for CAG‐12‐159,
Wells PW‐8, PW‐9, and EW‐3 Primary Disinfection project; nine bids; Page 6 of 111
6b. ‐ City Clerk reports bid opening on 12/11/2012 for CAG‐12‐159,
Wells PW‐8, PW‐9, and EW‐3 Primary Disinfection project; nine bids; Page 7 of 111
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
CRT-12-008; Court Case - Liberty Ridge
Homeowners Association v. Thanh T. Ngo, The
Bank of New York Mellon, CWALT, Inc., MERS &
City of Renton
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Summons
Complaint to Foreclose Lien for Homeowner
Assessments
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
Recommended Action:
Refer to City Attorney and Insurance Services
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Summons and Complaint to Foreclose Lien for Homeowner Assessments filed by Liberty Ridge
Homewowners Association, represented by David M. Tall, Attorney, of Oseran Hahn Spring & Watts, PC,
for Plaintiff, allegedly due to defendant Ngo's failure to pay homeowner assessments.
STAFF RECOMMENDATION:
n/a
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 8 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 9 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 10 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 11 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 12 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 13 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 14 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 15 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 16 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 17 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 18 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 19 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 20 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 21 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 22 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 23 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 24 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 25 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 26 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 27 of 111
6c. ‐ Court Case filed by Liberty Ridge Homeowners Association,
represented by David M. Tall, Attorney for Plaintiff, v. Thanh T. Ngo, The Page 28 of 111
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
CRT-12-009; Lori Giometti v. City of Renton, et al
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Summons
Complaint for Personal Injury and Damages
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
Recommended Action:
Refer to City Attorney and Insurance Services
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Summons and Complaint for Personal Injury and Damages filed by Lori Giometti, represented by Thomas
J. West and Patrick R. West of Krilich, LaPorte, West & Lockner, PS, Attorneys for Plaintiff, v. the City of
Renton d/b/a Maplewood Golf Course and Driving Range, regarding an alleged slip and fall in the
parking lot of the golf course.
STAFF RECOMMENDATION:
n/a
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 29 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 30 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 31 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 32 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 33 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 34 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 35 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 36 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 37 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 38 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 39 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 40 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 41 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 42 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 43 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 44 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 45 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 46 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 47 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 48 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 49 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 50 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 51 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 52 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 53 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 54 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 55 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 56 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 57 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 58 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 59 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 60 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 61 of 111
6d. ‐ Court Case filed by Lori Giometti, represented by Thomas J. West
and Patrick R. West, Attorneys for Plaintiff, regarding an alleged slip and Page 62 of 111
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
2015 Major Comprehensive Plan Update
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Proposed Comprehensive Plan Update Schedule
Draft Public Participation Plan
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Erika Conkling, x 6578
Recommended Action:
Refer to Planning and Development Committee
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
The City of Renton is updating its Comprehensive Plan in accordance with the Washington State Growth
Management Act (GMA) governed by RCW 36.70A. Comprehensive Plans establish policies for
community growth and development for the next 20 years. Most jurisdictions in the state are required to
adopt a Comprehensive Plan consistent with the GMA and to update their plan every eight years.
Renton’s periodic update is required to be adopted by June 30, 2015.
It will take about two years to complete the Comprehensive Plan update. There is a proposed schedule
for completing the work. Public participation is a key component of this effort. A draft Public
Participation Plan has been created for two purposes. First is to identify potential stakeholders and
invite their participation in the planning process. Second is to guide public participation efforts
throughout the process to ensure early and continuous involvement in decision-making. Efforts to
ensure public participation will continue to evolve throughout the life of the project.
STAFF RECOMMENDATION:
Authorize the work program for the 2015 Major Comprehensive Plan Update and approve the Public
Participation Plan.
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 63 of 111
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 64 of 111
City of Renton
Comprehensive Plan Update
DRAFT Public Participation Plan
January 2013
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 65 of 111
1
Introduction
The City of Renton is updating its Comprehensive Plan in accordance with
the Washington State Growth Management Act (GMA) governed by RCW
36.70A. In 1990, the legislature adopted GMA because “uncoordinated and
unplanned growth, together with a lack of common goals expressing the
public's interest in the conservation and the wise use of our lands, pose a
threat to the environment, sustainable economic development, and the
health, safety, and high quality of life enjoyed by residents of this state.1”
1 RCW 36.70A.010
Thirteen adopted goals guide the development of Comprehensive Plans
under GMA. These goals include: encouraging urban growth, reducing
sprawl, promoting efficient transportation, ensuring availability of
affordable housing, encouraging economic development, protecting
property rights, timely permit processing, maintaining natural resource
industries, retaining open space and recreation opportunities, protecting
the environment, ensuring public participation and coordination between
adjacent jurisdictions, providing adequate public facilities and services, and
the preservation of sites of historical and archaeological significance. While
all the goals of the Growth Management Act should be pursued in local
Comprehensive Plans, it is up to each community to determine how to best
balance these goals.
Comprehensive Plans establish policies for community growth and
development for the next 20 years. GMA requires that cities include certain
“Elements” in their Comprehensive Plans. Typically these Elements are
distinct chapters in the Plan: Land Use, Transportation, Capital Facilities,
Utilities, Housing, Economic Development, Parks and Recreation, and
Shoreline Management (for communities subject to the Shoreline
Management Act). Renton has also developed optional elements on topics
of importance to our community: Environment, Community Planning,
Community Design, and Human Services.
Most jurisdictions in the state are required to adopt a Comprehensive Plan
consistent with the GMA and to update their plan every eight years. Annual
amendments may be made to a Comprehensive Plan, but the periodic
update is required to assess the plan as a whole. Renton’s last major
Comprehensive Plan update was adopted in 2004. However, the legislature
extended the deadline statewide, so Renton’s periodic update is now
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 66 of 111
2
required to be adopted by June 30, 2015.
Project Overview
It will take about two years to complete the Comprehensive Plan update.
The first step in the process will be to evaluate the City’s Vision, which
summarizes the most important principles driving the Comprehensive Plan.
Renton’s Vision also defines those priorities and qualities that make our
community distinctive and unique. Efforts to define the Vision will shape
the review and amendment of the individual elements in the second, and
longest, phase of the project. Review of Comprehensive Plan Elements will
be staggered over about a year and a half. Review of necessary changes to
the Renton Municipal Code will also be included during this time.
Environmental Review, including the production of a new Environmental
Impact Statement for the Comprehensive Plan, will be the last phase of the
project.
Project Timeline
Project Framing and Visioning Winter 2013- Spring 2013
Element Review and Revision Spring 2013- Summer 2014
Environmental Review Spring 2014- Spring 2015
Final Approval Spring 2015
Public participation is a key component of this two year planning effort.
This Public Participation Plan has been created for two purposes. First is to
identify potential stakeholders and invite their participation in the planning
process. Second is to guide public participation efforts throughout the
process to ensure early and continuous involvement in decision-making.
Efforts to ensure public participation will continue to evolve throughout the
life of the project.
Roles and Responsibilities
The City of Renton is responsible for the update of the Comprehensive Plan
in compliance with GMA. This responsibility includes actively inviting public
comment and coordinating with state, regional, and county planning
policies in the Growth Management Act, the Puget Sound Regional Council
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 67 of 111
3
VISION 2040 Plan, and the King County Countywide Planning Policies.
The primary contact person for the City of Renton is:
Erika Conkling
Department of Community and Economic Development
1055 S. Grady Way
Renton, WA 98057
(425) 430-6578
PlanUpdate@rentonwa.gov
The Renton Planning Commission will take the lead as the advisory body for
this project. Planning Commission meetings are regularly scheduled and
open to the public with opportunities for the public to speak at each
meeting on both agenda items and non-agenda items. Staff will ensure
that City Council receives regular briefings on the work of the Planning
Commission. Both the Planning and Development Committee and the
Committee of the Whole will receive updates on this project. Committee of
the Whole briefings will be more general in nature and Planning and
Development Committee briefings will cover more specifics. Council
committee meetings are regularly scheduled, announced each week during
the regular City Council meeting, and open to the public. Committee of the
Whole meetings are also televised live on Channel 21 and subject to replay
throughout the week, plus are available through live streaming and video
archive the City’s website www.rentonwa.gov.
Public Participation Plan
State law requires the City to invite citizens and stakeholders to participate
in the Comprehensive Plan update process. Public participation is also very
important to the City of Renton as an effective tool to balance competing
interests and needs that are inherent in land use decision making
processes. It is important that information be made available so any
interested person can understand the materials and participate. The City
will encourage participation in several ways.
Stakeholders
A variety of groups, agencies, and individuals may have interest in the
update of Renton’s SMP. These stakeholders can be categorized as follows:
o Other Governmental Agencies
·Adjacent jurisdictions: Kent, Tukwila, Seattle, Newcastle, King
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 68 of 111
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County
·State agencies: Washington State Department of Commerce,
Washington State Department of Ecology, Washington State
Department of Transportation, and Washington Department
of Fish and Wildlife.
·Regional Organizations: Puget Sound Regional Council
·Tribal government: Muckleshoot Indian Tribe
o Quasi-governmental Groups
·School Districts: Renton School District, Issaquah School
District, Kent School District
·Renton Housing Authority
o Residents and Property Owners
·Neighborhood Associations
o Business Groups and Associations
·Business Organizations: Renton Chamber of Commerce,
Downtown Renton Association
·Trade Organizations: Master Builders Association of King and
Snohomish Counties, Seattle-King County Association of
Realtors
o Environmental Organizations and Conservation Groups
·Local groups: Sustainable Renton, Herons Forever
·Regional groups: Futurewise, Washington Environmental
Council,
·Local Chapters of National groups: Sierra Club, Audubon
Society, Trust for Public Land, Society for Ecological
Restoration
Project Outreach
Initial public outreach will include reaching out to both the general public
and identified stakeholders to invite participation. Stakeholders will be
invited to participate through email, post, phone calls, or in-person contact.
Outreach to the general public will include posters in public places such as
libraries, community facilities, and businesses. Renton residents will be
sent a notice in their utility billing statements, and project kick-off
information will be circulated in the Renton CityNews- a bi-monthly City
newsletter received by most households, as well as sent through the
Neighborhood Program.
Throughout the process of the Comprehensive Plan update, the City will
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 69 of 111
5
maintain several channels for communication and public participation. One
of the primary tools will be a City webpage dedicated to the project:
www.rentonwa.gov/planupdate. This website will include notices for
upcoming public meetings, documents available for review, and other
information related to the project. Visitors to the website can sign up to be
on the interested parties list. Ideally, the website would include interactive
features that would allow on-going exchange of information and ideas
related to the project. A dedicated email address,
PlanUpdate@rentonwa.gov, has also been established specifically for
questions and comments on this project.
Stakeholders who express interest in participating will continue to receive
notices and informational mailings from the City. Joining the interested
parties list by providing contact information to receive updates about the
project by email or post will be the best way for an individual to
consistently receive notices and messages about the process.
A series of public workshops and public hearings will be held throughout
the project. Prior to public workshops or public hearings, notices about
these events will be posted in general community locations and distributed
through various City channels including CityNews, the Neighborhood
Program, and Channel 21 and distributed through methods required for
public hearings by the Renton Municipal Code. These methods are
intended to inform the general public, or those who have not provided
individual contact information, of key opportunities for participation in the
Comprehensive Plan update.
Public meetings held by the Planning Commission, City Council, and Council
Committees, will be noticed according to the standard procedures for those
bodies, as well as on the project website.
All outreach efforts will be documented by the City and available for public
review upon request.
Document Review
Update of the Comprehensive Plan will result in several work products that
require review. Some of these products include: draft policy changes, draft
code changes, issue papers, staff reports, and environmental review
documents. It is expected that the City will consult with stakeholders in
the development of documents and other work products for this update.
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 70 of 111
6
Once drafted, all documents will be available for official review by the
public. Comment periods will be clearly specified and advertised through
the means identified in this public participation plan. The City will maintain
a database of all comments received throughout the Comprehensive Plan
update, which will be available for public review upon request.
The State Environmental Policy Act (SEPA) process offers additional
opportunities to seek public input. The City anticipates integrating SEPA
review into the proposal through the Growth Management Act/SEPA
integration process. Prior to Planning Commission making a final
recommendation on the amended Comprehensive Plan and any related
changes to the Renton Municipal Code, the City will prepare an
Environmental Impact Statement, which provides the opportunity for
additional specific input on environmental impacts of the proposal.
Conclusion
The update of Renton’s Comprehensive Plan is a collaborative effort in
which the City will engage the public, businesses, governmental agencies,
and other interested groups. The City website, public postings, community
events, public meetings, and workshops will be used to reach out to
interested parties and get them involved in the process.
6e. ‐ Community and Economic Development Department requests
authorization of the work program for the 2015 Major Comprehensive Page 71 of 111
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Carco Theatre Lease with Puget Sound Access
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Issue Paper
Lease
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Facilities Director, x6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$2,500/mo plus revenue
percentage
Total Project Budget: $ City Share Total Project:
$
SUMMARY OF ACTION:
Puget Sound Access (PSA) wishes to move their operations to Carco Theatre. The City has negotiated
the terms and conditions for a five-year Lease.
PSA will continue to support the existing contracted users and provide the City with up to 240 hours of
supported civic uses. PSA will upgrade the existing AV equipment and fiber network and will also pay
for a tenant improvement on the lower level. PSA will be responsible for utilities. The City will share
the custodial function at the current level of service for one year, and then it will become PSA's entire
responsibility. The City will provide mechanical system maintenance at our current standard because of
the specialized technical support required.
STAFF RECOMMENDATION:
Approve the Lease with Puget Sound Access for Carco Theatre and authorize the Mayor and City Clerk
to sign.
6f. ‐ Community Services Department recommends approval of a five‐
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COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:December 2, 2012
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605
SUBJECT:Lease with Puget Sound Access (PSA) for the Carco Theatre
Issue:
Should Council authorize the Mayor and City Clerk to sign a five-year Lease Agreement
with Puget Sound Access for Carco Theatre?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease.
Background:
·Carco Theatre has been a popular setting for performing arts, training seminars,
public meetings and business gatherings since it opened 42 years ago.
·Revenues from the primary daytime use, business meetings, have been declining for
a number of years.
o Electronic tools, such as webinars, have made it possible to hold regional
and national training at a lower cost per participant.
o In general, training budgets have been reduced since the start of the
great recession.
o The same is true for employee recognition events.
·Despite the best marketing efforts, lost revenue has not been replaced with other
forms of theater use.
·Revenue for 2012 will be roughly $80,000, while the cost of operation, mostly staff
costs, is over $200,000.
·The City was approached by PSA to provide a competitive proposal to lease Carco
6f. ‐ Community Services Department recommends approval of a five‐
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Randy Corman, Council President
Members of Renton City Council
Page 2 of 2
December 2, 2012
H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\Carco Theater\Issue Paper PSA 11 27 2012
11/27/2012
Theatre. Puget Sound Access is 501(c)3 organization “that engages in a wide array of
media activities that range from hardware development to content creation to live
event facilitation and production.” Their current lease in Kent ends on December
31, 2012.
·Carco Theatre, with some modifications, best met PSA’s current needs and provided
some growth opportunities over the alternative lease choices.
·The business points of the lease include:
o Fixed base rents of $2,500/mo for five-years, plus;
o Percentage rents of gross receipts increasing from 12% in the first two
year to 14% in the third through fifth years.
o PSA will be responsible for the costs of a significant tenant improvement
in the lower level of the theatre, as well as substantial technology
upgrades that will provide users with a much wider range of
supplemental services.
o PSA will be responsible for all utilities and lessee-required insurance.
o The City will provide limited custodial supervision and support for one
year, and PSA will be responsible for all custodial services thereafter.
o PSA will honor all 2013 signed contracts at current prices.
o PSA will support up to 240 hours of City-supported use, for up to 20
different users, and no cost to the City. This would include events such as
the Summer Teen Musical and the Renton Youth Symphony.
Conclusion:
Leasing Carco Theatre to Puget Sound Access will have a net positive impact on the
City’s general fund, while the lease provides an incentive for PSA to grow their business
and to continue to support civic use of the facility.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
Garmon Newsom, Assistant City Attorney
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Carco Theater Lease
ARTICLE 1.BASIC TERMS
This Article 1 contains the Basic Terms of this Lease between the Lessor and Lessee
named below. Other Articles, Sections, Subsections, and Paragraphs of the Lease
referred to in this Article 1 explain and define the Basic Terms and are to be read in
conjunction with the Basic Terms.
Section 1.1 Date of Lease:
January 1, 2013 – December 31, 2017
Section 1.2 Lessor and Lessee:
City of Renton (the “City”) (hereinafter “Lessor”)
1055 South Grady Way
Renton, WA 98057
425-430-6500
Puget Sound Access (“PSA”) (hereinafter “Lessee”)
22412 – 72nd Avenue South
Kent, WA 98032
1.2.1 Lessee’s Address at Time of Execution of Lease:
Puget Sound Access (hereinafter “Lessee”)
22412 – 72nd Avenue South
Kent, WA 98032
1.2.2 Address of Property to be Leased by Lessee:
Carco Theatre
1717 Maple Valley Highway
Renton, WA 98057
Section 1.3 Exhibits incorporated by reference:
1.3.1 Exhibits A – F, attached hereto, are incorporated by reference as if fully set forth
in this Lease.
Section 1.4 Property Legal Description:
1.4.1 Carco Theatre, identified above in section 1.2.2, is the subject property of this
Lease and is described in Exhibit “A”. Carco Theatre includes the land, the buildings and
all other improvements located on the land.
Section 1.6 Lease Term:
1.6.1.The term of this Lease shall be five (5) years, beginning on January 1, 2013 (the
“Commencement Date”), and ending on December 31, 2017.
Section 1.7 Permitted Uses:
1.7.1 Lessee shall engage in the business of providing an event, theater, filming,
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meeting, and video production facility.
Section 1.8 Vehicle Parking:
1.8.1 Parking spaces are shared by the Renton Community Center and the Henry Moses
Aquatic Center. Lessee and Carco Theatre users shall be allowed use of any of the
established parking spaces on a first-come, first-served basis. Users are subject to
established parking rules, which are subject to change.
Section 1.9 Rent and Other Charges Payable by Lessee:
1.9.1 Base Rent: Lessee shall pay Lessor monthly Base Rent during the Lease Term
according to the following schedule:
Monthly Base Rent Amount $2,500.00
1.9.2 Base Rent shall be due no later than the first of each month.
1.9.3 Excise Tax: The current leasehold excise tax is 12.84%, which the City collects
on behalf of the State. This amount is also due with the base rent payment. However, as
a non-profit, PSA may apply for and receive an excise tax exemption certificate from the
Department of Revenue. As long as this certification is provided to the City and in force,
Lessee will be exempted from paying the excise tax in addition to the base rental amount.
Rental for any period during the term of this Lease which is less than one month shall be
paid in pro rata portion of the monthly lease payment installment amount.
1.9.4 Revenue Sharing: In addition to the monthly Base Rent above, Lessee shall pay
monthly to Lessor the following amounts based on theater uses, including related
post-event, post-production, and media distribution services. Such amounts shall not
include any taxes paid by Lessee or gratuities.
First Year 12% of venue-generated gross receipts
Second Year 13% of venue-generated gross receipts
Third through Fifth Years 14% of venue-generated gross receipts
Income that PSA generates in ways that do not involve Carco Theatre bookings are not
subject to percentage rents. PSA will make good faith efforts to grow and improve Carco
Theatre capacity and technical support to attract clients and to be a better resource to the
community on a continuous basis.
1.9.5 Fee Increases: Increases may not be imposed without prior Renton City Council
approval. When Lessee proposes to increase any of the fees charged to users, a list of
these increases shall be sent to the Lessor’s representative for presentation to the City
Council for approval. The time frame for Lessor action on approval is normally one
month.
As noted above, Media Services revenue shall be included in the percentage rates.
However, Media Services Rates shall include amounts for equipment use and
consumables, which will vary by user.
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PSA may offer a frequent user fee reduction to increase overall use of the facility.
Additionally, PSA occasionally offers community organizations and citizens a subsidized
service to produce video to air as part of its non-profit mission. This work is scheduled
around full-pay customers
1.9.6 Audit:
1.9.6.1 Lessee will keep and maintain or will cause to be kept and maintained proper
and accurate books, records and accounts reflecting all items of revenue required to be
reported to Lessor per this Section.
1.9.6.2 Lessor shall have the right, upon ten (10) calendar days advance written notice to
Lessee, to examine such books, records and accounts at the local Renton office of Lessee
or at Renton City Hall and to make copies or extracts thereof as Lessor shall desire. In
conducting such examination, Lessor shall exercise its best efforts not to interfere with
the normal business operations of Lessee.
1.9.6.3 Lessor shall have the right to have an independent third-party auditor inspect and
audit such books, records and accounts of Lessee during normal business hours, the cost
of which shall be paid by Lessor. If the third-party auditor’s report that Lessee has
under-reported its lease payments to Lessor, per the Revenue Sharing agreement in this
Section 1.9.3, by more than 5%, then Lessee shall reimburse Lessor for the reasonable
cost of the third-party auditor’s audit and pay the City a 10% penalty for each period of
under-reporting by the Lessee, in addition to the monies owed but under-reported.
Section 1.10 Exhibits and Other Attachments Which are Part of the Lease:
1.10.1 Exhibit “A” – Site Plan
1.10.2 Exhibit “B” – Equipment List, City
1.10.3 Exhibit “C” – Equipment List, PSA
1.10.4 Exhibit “D” – Custodial Service Checklist – City
1.10.5 Exhibit “E” – Custodial Service Checklist – PSA
ARTICLE 2.LEASE TERM
Section 2.1 Lease of Property for Lease Term:
2.11 Lessor and Lessee agree that the Lessor will continue to lease the Carco Theatre
to Lessee for the Lease Term noted in Section 1.6. The beginning and the end of the
lease term shall be the dates specified in Section 1.6 unless changes pursuant to a
provision of this Lease.
ARTICLE 3.RENT PAYMENTS AND RESERVES FOR OPERATING
EXPENSES
Section 3.1 Time and Manner of Payment:
3.1.1 On or before the twenty-eighth (28th) day of the second (2nd) month of the Lease
Term and each month thereafter, Lessee shall pay Lessor the Base Rent described in
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Subsection 1.9, the amount for the Revenue Sharing described in Subsection 1.9 for the
prior calendar month and the amount of the Leasehold Excise Tax described in Section
4.1. The rent shall be payable at Lessor’s address or at such other place as Lessor may
designate in writing. Together with such payment, Lessee shall provide a detailed
financial report that substantiates the Revenue Sharing payment for the prior calendar
month, including but not limited to: (i) an itemized list of the actual event dates, users
name(s) and applicable rental charges, service charges, gratuities, taxes, technical support
fees, production fees, and catering markup.
3.1.2 Upon termination of this Lease under Article 7 (Damage or Destruction), Article 8
(Condemnation), or any other termination not resulting from Lessee’s default, and after
Lessee has vacated Carco Theatre in the manner required by this Lease, Lessor shall
refund or credit to Lessee (or Lessee’s successor) any advance rent or other advance
payments made by Lessee to Lessor.
ARTICLE 4.OTHER CHARGES PAYABLE BY LESSEE
Section 4.1 Taxes:
4.1.1 Lessee shall be responsible for the payment of the Leasehold Excise Tax (as
further described below), Business & Occupation Tax and Sales Tax, as applicable.
4.1.2 So long as the Carco Theatre is owned by Lessor and is exempt from general real
estate taxes as a municipal corporation in accordance with RCW 84.36.010, Lessee shall
be obligated to pay the applicable Leasehold Excise Tax (a.k.a. “Rent Excise Tax”) on
the Base Rent and Revenue Sharing payment.
4.1.3 Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold
monthly to Lessor during the Lease Term along with the rents described in Section 3.1.1.
4.1.4 Within one hundred twenty (120) calendar days after the end of each calendar
year during the Lease Term or within such longer period of time as may be reasonably
necessary, Lessor shall furnish to Lessee a statement of the Leasehold Excise Tax that
Lessor was required to charge and collect from Lessee for the preceding calendar year.
4.1.5 If the required Leasehold Excise Tax charges for the preceding calendar year
exceed the monthly payments made by Lessee, then Lessee shall pay Lessor the
deficiency within thirty (30) calendar days after receipt of the statement. If the Leasehold
Excise Tax payments made by Lessee exceed the required Leasehold Excise Tax charges
for the preceding calendar year, then, at Lessor’s option, either Lessor shall pay Lessee
the excess at the time Lessor furnishes the statement to Lessee or Lessee shall be entitled
to offset the excess against the next installment(s) of rent, provided, however, that at the
end of the Lease Term Lessor shall pay Lessee the excess at the time Lessor furnishes the
statement to Lessee.
4.1.6 The previous parts of Section 4 notwithstanding, as a 501c3 corporation, PSA
may obtain, on an annual basis, an excise tax exemption from the Department of
Revenue, and as long as this certification is provided to the City and in force, Tenant will
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be exempted from paying the excise tax portion of the monthly payment.
Rental for any period during the term of this lease which is less than one (1) month shall
be paid in a pro rata portion of the monthly lease payment installment amount.
Section 4.2 Utilities:
4.2.1 Lessor shall be responsible for providing utilities to the Carco Theatre, and
represents and warrants to Lessee that as of the Commencement Date water, sewer, gas,
electricity, and telephone utilities are available at Carco Theatre. Lessee shall pay
directly for all water, sewer, gas, electricity, telephone, and other utilities and services
used by Lessee at Carco Theatre during the Lease Term.
Section 4.3 Insurance Policies:
4.3.1 Liability Insurance. Lessee shall maintain in full force throughout the duration
of the Lease Term a policy of commercial general liability insurance (sometimes known
as broad form comprehensive general liability insurance) insuring Lessee against liability
for bodily injury, property damage (including loss of use of property) and personal injury
or death arising out of the operation, use or occupancy of the Carco Theatre. Said
liability insurance policy shall specifically list “Liquor Liability Included” as a provision.
4.3.2 Lessee shall name Lessor as an additional insured under such policy.
4.3.3 The initial amount of such insurance shall be One Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate and shall be subject to
periodic increase based upon inflation, increased liability awards, recommendation of
Lessor’s professional insurance advisors and other relevant factors.
4.3.4 Lessee shall also maintain in full force throughout the duration of the Lease Term
a policy of automobile liability insurance insuring Lessee against liability for bodily
injury, property damage and personal injury or death arising out of the operation or use of
a vehicle by Lessee’s employees, agents, contractors and invitees in connection with the
operation, use or occupancy of the Carco Theatre.
4.3.5 The initial amount of such insurance shall be One Million Dollars ($1,000,000)
per occurrence.
4.3.6 The liability insurance obtained by Lessee under this Section 4.3 shall (i) be
primary and non-contributing; (ii) contain cross-liability endorsements; and (iii) insure
Lessor against Lessee’s performance under Section 5.6, if the matters giving rise to the
indemnity under Section 5.6 result from the negligence of Lessee.
4.3.7 The amount and coverage of such insurance shall not limit Lessee’s liability nor
relieve Lessee of any other obligation under this Lease.
4.3.8 Lessor may also obtain comprehensive public liability insurance in an amount and
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with coverage determined by Lessor insuring Lessor against liability arising out of
ownership, operation, use or occupancy of the Carco Theatre.
4.3.9 The policy obtained by Lessor shall not be contributory and shall not provide
primary insurance.
4.3.10 If Lessee requires any agent, contractor, user or invitee to secure or maintain
liability insurance related to alterations to or maintenance, operation, use or occupancy of
the Carco Theatre, Lessee shall require such liability insurance to include Lessor as an
additional insured on such policies.
4.3.11 Notwithstanding the above, Lessor accepts liability for the use of the Carco
Theatre restrooms for City Events provided for in Subsection 5.4.1.
4.3.2 Property Insurance. During the Lease Term, Lessor shall maintain policies of
insurance to be paid for by Lessor covering loss of or damage to Carco Theatre in the full
amount of its replacement value.
4.3.2.1 Such policy shall contain an inflation guard Endorsement and shall provide
protection against all perils included within the classification of fire, extended coverage,
vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage and
any other perils which Lessor deems reasonably necessary. Lessor shall not obtain
insurance for Lessee’s fixtures or equipment or building improvements installed by
Lessee on Carco Theatre.
4.3.2.2 Lessee shall maintain policies of insurance for Lessee’s fixtures or equipment or
building improvements installed by Lessee on Carco Theatre.
4.3.3 General Insurance Provisions:
4.3.3.1 Any insurance which Lessee is required to maintain under this Lease shall include
a provision which requires the insurance carrier to give Lessor not less than forty-five
(45) calendar days written notice prior to any cancellation or modification of such
coverage.
4.3.3.2 If Lessee fails to deliver any policy, certificate or renewal to Lessor required
under this Lease within the prescribed time period or if any such policy is canceled or
modified during the Lease Term without Lessor’s consent, Lessor may obtain such
insurance, in which case Lessee shall reimburse Lessor for the cost of such insurance
within fifteen (15) business days after receipt of a statement that indicates the cost of such
insurance.
4.3.3.3 Lessee shall maintain all insurance required under this Lease with companies
rated A-XV or better in Best’s Insurance Guide, and which are authorized to transact
business in the State of Washington. If at any time during the Lease Term, Lessee is
unable to maintain the insurance required under the Lease, Lessee shall nevertheless
maintain insurance coverage which is customary and commercially reasonable in the
insurance industry for Lessee’s type of business, as that coverage may change from time
to time. Lessor makes no representation as to the adequacy of such insurance to protect
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Lessor’s or Lessee’s interest. Therefore, Lessee shall obtain any such additional property
or liability insurance which Lessee deems necessary to protect Lessor and Lessee.
4.3.3.4 Lessee and Lessor hereby release and discharge each other from all claims, losses
and liabilities arising from or caused by any hazard covered by property insurance on or
in connection with the premises or said building. This release shall apply only to the
extent that such claim, loss or liability is covered by insurance.
Section 4.4 Maintenance of Facility:
4.4.1 Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a
statement for the cost of: (i) Lessor performing any maintenance to the Premises for
which Lessee is responsible and which Lessee approves in writing and (ii) Lessor
performing any emergency maintenance to safeguard and preserve the integrity of the
Premises if Lessor is unable to reach Lessee in an emergency for Lessee to perform the
maintenance.
Section 4.5 Common Exterior Areas; Use, Maintenance and Costs:
4.5.1 For the purpose of this Section 4.5, Common Exterior Areas are defined as the
Entryway from the Public Drive defined by the red fire lane marking and the driveway on
the east side of Carco Theatre as shown in Exhibit “A,” Site Plan.
4.5.2 If Lessor encounters damage (beyond normal wear and tear) or extraordinary trash
in the Common Exterior Areas that are attributed to Lessee’s use of the Premises, Lessor
shall notify Lessee to allow Lessee to perform the required maintenance or custodial
services.
4.5.3 If Lessee elects not to perform the required maintenance or custodial services,
Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a statement
for the cost of performing such work so long as the damage or extraordinary trash is
related to the Lessee’s use of the Premises.
Section 4.6 Custodial Services:
4.6.1 For the first year of the lease, Lessor shall provide custodial services one day a
week, following the schedule and scope per Exhibit “F”, attached.
4.6.2 Lessee shall provide custodial services as indicated per Exhibit “E”, attached.
The frequency of service may be adjusted upward or downward depending on facility
use, but in no case less than twice per week. Cleaning requirements shown as weekly and
semi-annually shall be performed on schedule.
4.6.3 Lessor reserves the right to inspect Carco Theatre in conjunction with Lessor’s
weekly cleaning and if custodial deficiencies are found, shall bring them to the Lessee’s
attention for remediation. If deficiencies are not addressed within the next week, Lessor
reserves the right to correct these and bill the Lessee for actual hours worked, including
employee wage and benefit costs.
4.6.4 At a mutually agreed time once a year, Lessee shall close Carco Theatre to the
public for a period not less than two (2) business days and Lessor shall perform
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maintenance tasks which are not part of Exhibit “E” or “F” in accordance with established
maintenance practices at Carco Theatre. This shall be performed at no cost to the Lessee.
4.6.5 After the first year of the lease term, representatives of Lessor and Lessee shall
review custodial practices and negotiate any necessary, advisable, and practical changes
to the scope and frequency of custodial services by Lessee. Amendments, if any, shall
be initialed by the parties’ authorized representatives and attached to their respective
Lease Exhibits in the City Clerk’s file. If agreement cannot be reached by these two
parties, the City’s representative on the PSA board shall be the arbiter, and the
representative’s decision shall be accepted as final.
Section 4.7 Late Charges:
4.7.1 Lessee’s failure to pay rent promptly may cause Lessor to incur unanticipated
costs. The exact amount of such costs may be impractical or difficult to ascertain.
4.7.2 Such costs may include, but are not limited to, processing and accounting charges
and late charges which may be imposed on Lessor by any ground lease, mortgage or
other encumbrance on the Carco Theatre.
4.7.3 Consequently, if Lessor does not receive any Rent payment within ten (10) days
after it becomes due, Lessee shall pay Lessor a late charge equal to five percent (5%) of
the overdue amount for each month that it is overdue.
4.7.4 The parties agree that such late charge represents a fair and reasonable estimate of
the costs Lessor will incur by reason of such late payment.
Section 4.8 Interest on Past Due Obligations:
4.8.1 Any amount owed by Lessee to Lessor which is not paid when due shall bear
interest at the rate of twelve percent (12%) per annum from the due date of such amount,
however, interest shall not be payable on late charges to be paid by Lessee under this
Lease.
4.8.2 The payment of interest on such amounts shall not excuse or cure any default by
Lessee under this Lease.
4.8.3 If the interest rate specified in this Lease is higher than the rate then permitted by
law, the interest rate shall be decreased to the maximum legal interest rate then permitted
by law.
ARTICLE 5.USE OF PROPERTY
Section 5.1 Permitted Uses:
5.1.1 Lessee shall have exclusive control and access to the Carco Theatre, except as
defined elsewhere in this Lease. Lessee may use the Carco Theatre only for the Permitted
Uses set forth in Section 1.7.
5.1.2 Lessee shall not allow smoking inside the building, and shall provide adequate
ashtrays in the common areas to accommodate any smoking, which shall only be
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permitted in accordance with the conditions of State law.
5.1.3 Any animal show on the Premises must be approved by Lessor in writing prior to
the event. Incidental animal activities such as magic shows and service animals such as
guide dogs for the blind shall not require Lessor approval.
5.1.4 Lessee shall not allow the use of rice, confetti, glitter, birdseeds, flower petals and
the like on the premises of Carco Theatre. Bubbles shall be permitted outside only.
5.1.5 Lessee shall not allow any obscene use of the Carco Theatre.
5.1.6 The maximum occupancy of the Carco Theatre shall be three-hundred ten (310)
people.
Section 5.2 Manner of Use:
5.2.1 Lessee shall professionally market, maintain and operate the Carco Theatre as a
quality meeting, performance arts, training, recording, editing, and event space.
5.2.2 Lessee shall not cause or permit the Carco Theatre to be used in any way which
constitutes a violation of any law, ordinance, or governmental regulation or order.
5.2.3 Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy,
required for Lessee’s occupancy of the Carco Theatre and shall promptly take all actions
necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and
requirements regulating the use by Lessee of the Carco Theatre, including the
Occupational Safety and Health Administration.
5.2.4 Notwithstanding the above, Lessee or Lessee’s users shall secure any required
liquor license, banquet license or food handling permits, as applicable, for use of the
Carco Theatre.
Section 5.3 Asset Use and Replacement:
5.3.1 By March 31, 2013, Lessee shall provide the City with a full list of its assets being
used in the Carco Theatre, designated as Exhibit B.
5.3.2 Lessee shall have full and free use of the City assets listed on Exhibit C. As these
assets break or become obsolete, Lessee shall repair them at Lessee’s cost or replace them
as Lessee deems necessary. Lessee shall also have the right to waive use of any asset and
the City shall remove it.
5.3.3. In order for the City to comply with State Auditor requirements regarding assets,
by each successive January 15th, Lessee shall provide an updated Exhibit B list and an
updated Exhibit C list. Those items that were taken out of service during the previous
year shall be removed from Exhibit C list with an indication of disposition, and the
Lessee shall add new pieces of equipment acquired and put into service during the
previous year to the Exhibit B list.
Section 5.4 City Use of Facility
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5.4.1 City-Sponsored Events:
5.4.1.1 Lessor shall have the right to schedule up to a maximum of twenty (20)
City-Sponsored Events per year at the Carco Theatre, including, but not limited to, the
Renton Youth Symphony Orchestra and the Summer Teen Musical by the Renton Civic
Theater. These events shall be held with no rental charge to the City and with no service
charge for technical services. The maximum number of hours for these events shall not
exceed 240 hours per year.
5.4.1.2 For the purpose of this Subsection 5.4.1, City-Sponsored Events shall refer to any
event sponsored or co-sponsored by the City as submitted to Lessee by the Office of the
Mayor or the Mayor’s designee.
5.4.1.3 Lessor shall be responsible for any liability or damage to persons or property that
occurs in any way as a result of these City-Sponsored Events. These events shall have
priority scheduling annually per a list submitted to Lessee on or before January 4.
5.4.2 The fee to the City for these City- Sponsored Events shall be as follows:
Excessive Cleanup Surcharge: Reimbursement of Lessee’s actual costs
5.4.2.1 Conditions for City-sponsored events include access to an empty, clean Carco
Theatre with a comfortable temperature and well-stocked restrooms. Support charge
revenue from these City Sponsored events shall not be subject to the Revenue Sharing
provisions of Subsection 1.9.3.
5.5.1 Lessee shall not place any interior or exterior signs on the Carco Theatre without
Lessor’s prior written consent. Organizations holding events are Carco Theatre shall be
entitled to place sandwich board signs at the front of the Carco Theatre subject to all of
the prevailing, relevant, City sign ordinances in effect at the time of the event.
Section 5.5 Signs:
5.5.1 Lessee shall not place any interior or exterior signs on the Carco Theatre without
Lessor’s prior written consent. Organizations holding events are Carco Theatre shall be
entitled to place sandwich board signs at the front of the Carco Theatre not larger than
three feet (3’) high on the day of the event only.
Section 5.6 Indemnity:
5.6.1 Lessee’s Indemnification of Lessor:
5.6.1.1 Lessee, PSA., shall indemnify, defend and hold Lessor harmless from and against
any and all costs, claims, losses or liability, or any portion thereof, arising from: (a)
Lessee’s use of the Carco Theatre; (b) the conduct of Lessee’s business or anything else
done or permitted by Lessee to be done in or about the Carco Theatre, including any
contamination of the Carco Theatre property or any other property resulting from the
presence or use of Hazardous Material caused or permitted by Lessee; (c) any breach of
default in the performance of Lessee’s obligations under this Lease; (d) any
misrepresentation or breach of warranty by Lessee under this Lease; or (e) other acts or
omissions of Lessee.
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5.6.1.2 Lessee shall defend Lessor against any such cost, claim, loss or liability at
Lessee’s expense with counsel reasonably acceptable to Lessor or, at Lessor’s election,
Lessee shall reimburse Lessor for any legal fees or costs incurred by Lessor in connection
with any such claim. As a material part of the consideration to Lessor, Lessee assumes all
risk of damage to property or injury to persons in the Carco Theatre arising from any
cause, and Lessee hereby waives all claims in respect thereof against Lessor, except for
any claim arising out of Lessor’s sole negligence. As used in this Section 5.6, the term
“Lessee,” for purposes of triggering indemnification, shall include Lessee’s officers,
employees, agents, contractors, volunteers and invitees, if applicable.
5.6.1.3 This indemnification provision shall not be applicable to any sums payable under
RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has
been freely negotiated between Lessee and Lessor.
5.6.1.4 The provisions of this Subsection 5.6.1 shall survive the termination or expiration
of this Lease.
Subsection 5.6.2 Lessor’s Indemnification of Lessee:
5.6.2.1 This Subsection 5.6.2 shall apply only to Lessor’s liability and responsibility for
(i) the City-Sponsored Events provided for in Subsection 5.4.1;
5.6.2.2 Subject to the above limitations, Lessor, City of Renton, shall indemnify, defend
and hold Lessee harmless from and against any and all costs, claims, losses or liability, or
any portion thereof, arising from: (a) Lessor’s use of the Carco Theatre, that materially
impacts the Lessee; (b) the conduct of Lessor’s business or anything else done or
permitted by Lessor to be done in or about the Carco Theatre, including any
contamination of the Carco Theatre or any other property resulting from the presence or
use of Hazardous Material caused or knowingly permitted by Lessor, that materially
impacts the Lessee; (c) any material breach of default in the performance of Lessor’s
obligations under this Lease, that materially impacts the Lessee; (d) any material
misrepresentation or breach of warranty by Lessor under this Lease, that materially
impacts the Lessee; or (e) other acts or omissions of Lessor, that materially impact the
Lessee. Lessor shall defend Lessee against any such cost, claim, loss or liability at
Lessor’s expense with counsel reasonably acceptable to Lessee or, at Lessee’s election,
Lessor shall reimburse Lessee for any legal fees or costs incurred by Lessee in connection
with any such claim.
5.6.2.3 As a material part of the consideration to Lessee, Lessor assumes all risk of
damage to property or injury to persons in the Carco Theatre arising from the negligence
of the Lessor or its agents, and as to that negligence Lessor hereby waives all claims in
respect thereof against Lessee, except for any claim arising out of Lessee’s negligence.
As used in this Section 5.6, the term “Lessor,” for purposes of triggering indemnification,
shall include Lessor’s officers, employees, agents, contractors, volunteers and invitees, if
applicable.
5.6.2.4 This indemnification provision shall not be applicable to any sums payable under
RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has
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been freely negotiated between Lessee and Lessor.
5.6.2.5 The provisions of this Subsection 5.6.2 shall survive the termination or expiration
of this Lease.
Section 5.7 Lessor’s Access:
5.7.1 Lessor or its agents may enter the Carco Theatre at all reasonable times to provide
building services, or to show the Carco Theatre to other parties. Lessor shall give Lessee
reasonable prior notice of such entry, except in the case of emergency.
Section 5.8 Quiet Possession:
5.8.1 If Lessee pays the Rent and complies with all other terms of this Lease, Lessee
may occupy and enjoy the Carco Theatre for the full Lease Term, subject to the
provisions of this Lease. Notwithstanding the above, Lessee acknowledges that the
Premises are located adjacent to the Renton Community Center and the Henry Moses
Aquatic Center and that, as such, the use of the Premises may be impacted by the
day-to-day activities in the adjacent spaces or City-sponsored or endorsed activities in
Cedar River Park.
Section 5.9 Hazardous Material:
5.9.1 Lessor represents and warrants to Lessee that, to the best of Lessor’s knowledge,
there is no “Hazardous Material” (as defined below) on, in, or under the Carco Theatre as
of the Commencement Date except as otherwise disclosed to Lessee in writing before the
execution of this Lease. If there is any Hazardous Material on, in, or under the Carco
Theatre as of the Commencement Date, which has been or thereafter becomes unlawfully
released through no fault of Lessee, then Lessor shall indemnify, defend and hold Lessee
harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities
or losses including without limitation sums paid in settlement of claims, attorneys’ fees,
consultant fees and expert fees, incurred or suffered by Lessee either during or after the
Lease Term as the result of such contamination.
5.9.2 Lessee shall not cause or permit any Hazardous Material to be brought upon, kept,
or used in or about, or disposed of on the Premises by Lessee, its officers, agents,
employees, contractors or invitees, except in strict compliance with all applicable federal,
state and local laws, regulations, codes and ordinances.
5.9.3 If Lessee breaches the obligations stated in the preceding sentence, then Lessee
shall indemnify, defend and hold Lessor harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities or losses including, without limitation,
diminution in the value of the Premises, damages for the loss or restriction on use of
rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising
from any adverse impact on marketing of space at the Premises, and sums paid in
settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered
by Lessor either during or after the Lease Term. These indemnifications by Lessor and
Lessee include, without limitation, costs incurred in connection with any investigation of
site conditions or any clean-up, remedial, removal or restoration work, whether or not
required by any federal, state or local governmental agency or political subdivision,
because of Hazardous Material present in the Premises, or in soil or ground water on or
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under the Premises.
5.9.4 Lessee shall immediately notify Lessor of any inquiry, investigation or notice that
Lessee may receive from any third party regarding the actual or suspected presence of
Hazardous Material on the Premises.
5.9.5 Without limiting the foregoing, if the presence of any Hazardous Material brought
upon, kept or used in or about the Carco Theatre by Lessee, its officers, agents,
employees, contractors or invitees, results in any unlawful release of Hazardous Material
on, in or underneath the Carco Theatre or any other property, Lessee shall promptly take
all actions, at its sole expense, as are necessary to return the Carco Theatre or any other
property, to the condition existing prior to the release of any such Hazardous Material;
provided that Lessor’s approval of such actions shall first be obtained, which approval
may be withheld at Lessor’s sole discretion.
5.9.6 As used herein, the term “Hazardous Material” means any hazardous, dangerous,
toxic or harmful substance, material or waste including biomedical waste which is or
becomes regulated by any local governmental authority, the State of Washington or the
United States Government due to its potential harm to the health, safety or welfare of
humans or the environment.
ARTICLE 6.CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND
ALTERATIONS
Section 6.1 Existing Conditions:
6.1.1 Lessee accepts the Carco Theatre in its condition as of the execution of the Lease,
subject to all recorded matters, laws, ordinances, and governmental regulations and
orders. Lessee acknowledges that neither Lessor nor any agent of Lessor has made any
representation as to the condition of the Carco Theatre or the suitability of the Carco
Theatre for Lessee’s intended use. Lessee represents and warrants that Lessee has made
its own inspection of and inquiry regarding the condition of the Carco Theatre and is not
relying on any representations of Lessor or any Broker with respect thereto.
Section 6.2 Exemption of Lessor from Liability:
6.2.1 Lessor shall not be liable for any damage or death or injury to the person, business
(or in any loss of income there from), goods, wares, merchandise or other property of
Lessee, Lessee’s officers, agents, employees, invitees, customers or any other person in
or about the Carco Theatre, whether such damages or injury is caused by or results from:
(a) fire, steam, electricity, water, gas, snow, rain, or volcanic activity; (b) the breakage,
leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air
condition or lighting fixtures or any other cause; or (c) conditions arising in or about the
Carco Theatre or upon other portions of the Project, or from other sources or places.
6.2.2 Lessor shall not be liable for any such damage or injury even though the cause of
or the means of repairing such damage, death or injury are not accessible to Lessee. The
provisions of this Section 6.2 shall not, however, exempt Lessor from liability for
Lessor’s negligence or misconduct.
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Section 6.3 Maintenance and Repairs:
6.3.1 Lessee shall have responsibility for the limited maintenance items as described in
Exhibit “E,” Maintenance Schedule, and custodial services as described in Exhibit “F”.
Lessor shall provide limited custodial services also described in Exhibit “F”.
6.3.4 Lessor will conduct periodic inspections of the Premises with two (2) days notice
to assure compliance with the maintenance and custodial requirements. Lessor reserves
the right to perform emergency maintenance services to safeguard and preserve the
integrity of the Premises and to perform maintenance, repairs or custodial services if
Lessee fails to perform them within thirty (30) calendar days of notice. Lessor will bill
Lessee for emergency or other services provided by Lessor and Lessee shall make
payment along with the rent described in Section 1.10.
6.3.5 Lessee is responsible for any processes, procedures, or construction activities that
require environmental review, permits, or similar approvals. Qualified individuals, as
approved by the Lessor, shall perform all maintenance, design or construction work on
the Carco Theatre.
6.3.6 Lessor shall assume responsibility for all damage, maintenance, and repair to the
exterior of the Carco Theatre Building, whether for vandalism or other, unless caused by
Lessee’s use of the Premises. Lessor shall assume responsibility for all items of HVAC
major maintenance identified in Exhibit E, or related to such maintenance.
6.3.7 Lessor has provided Lessee at no charge with instruction regarding the operation
and maintenance of HVAC and other mechanical systems located in the Carco Theatre
Building and the use of the Maintenance Schedule included in Exhibit “E.”
6.3.8 Subject to the provisions of Article 7, if Lessee performs the required service
included in Exhibit "E," Lessor shall accept responsibility for failures to the following
equipment, systems or components on the Premises: structural components, HVAC,
plumbing, electrical distribution and electronic control systems. However, this provision
shall not apply to items that may need repair or replacement by Lessee due to normal
wear and tear during the Lease Term including, but not limited to, door openers and
closers, roll up door rollers, toilet flush values, restroom fans, light bulbs and other
consumable items.
This provision specifically excludes theatrical lighting, video and audio equipment, and
electronic equipment which shall be the sole responsibility of the Lessee.
Section 6.4 Alterations, Additions, and Improvements:
6.4.1 Lessee shall not make any alterations, additions, or improvements to the Carco
Theatre or install interior or exterior signage without Lessor’s prior written consent.
6.4.1.1 Lessee shall pay for any alterations, additions or improvements approved by
Lessor.
6.4.1.2 The term “Alterations” shall not include the installation of carpet, shelves,
movable partitions, Lessee’s equipment, and trade fixtures which may be performed
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without damaging existing improvements or the structural integrity of the Carco Theatre,
and Lessor’s consent shall not be required for Lessee’s installation of those items.
However, Lessee agrees to coordinate any carpet installation in advance with Lessor to
insure that the carpet is installed in a manner that allows appropriate service access to all
HVAC service areas in the plenum.
6.4.1.3 Lessor may require Lessee to provide demolition and/or lien and completion
bonds in form and amount satisfactory to Lessor. Lessee shall promptly remove any
alterations, additions, or improvements constructed in violation of this Section 6.4 upon
Lessor’s written request.
6.4.1.4 All alterations, additions, and improvements shall be done in a good and
workmanlike manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Lessor. Upon completion of any such work, Lessee shall provide
Lessor with “as built” plans, copies of all construction contracts, and proof of payment
for all labor and materials. Lessee shall not be required to remove or pay the cost of
removal of any Alterations upon the termination or expiration of the Lease for any
reason.
6.4.1.5 All Alternations shall become the property of Lessor upon termination or
expiration of the Lease.
6.4.2 Lessee shall pay when due all claims for labor and material furnished to the Carco
Theatre. Lessee shall give Lessor at least twenty (20) calendar days prior written notice
of the commencement of any work on the Carco Theatre, regardless of whether Lessor’s
consent to such work is required. Lessor may elect to record and post notices of
non-responsibility on the Carco Theatre. Lessee shall reimburse Lessor for any legal fees
or costs incurred by Lessor in connection with defending itself against any claims for
labor or material furnished to the Carco Theatre.
Section 6.5 Condition Upon Termination of Lease:
6.5.1 Upon the termination of the Lease, Lessee shall surrender the Carco Theatre to
Lessor, broom clean and in the same condition as received except for ordinary wear and
tear which Lessee was not otherwise obligated to remedy under the provisions of this
Lease. However, Lessee shall not be obligated to repair any damage which Lessor is
required to repair under Article 7 (Damage or Destruction).
6.5.2 All alterations, additions and improvements shall become Lessor’s property and
shall be surrendered to Lessor upon the expiration or early termination of the Lease,
except that Lessee may remove any of Lessee’s machinery or equipment which can be
removed without material damage to the Carco Theatre.
6.5.3 Lessee shall repair, at Lessee’s expense, any damage to the Carco Theatre caused
by the removal of any such machinery, specialty cabinets installed by Lessee, computer,
telephone or other communication or electronic equipment, or other equipment.
6.5.4 In no event, however, shall Lessee remove any of the following materials or
equipment (which shall be deemed Lessor’s property) without Lessor’s prior written
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consent: any power wiring or power panels; Lessor-owned lighting or lighting fixtures,
wall coverings; drapes, blinds or other window coverings; carpets or other floor
coverings; heaters, air conditioners or any other heating or air conditioning equipment;
fencing or security gates or security systems; or other similar building operating
equipment and decorations.
6.5.5 Within thirty (30) calendar days after the expiration or early termination of this
Lease, Lessee shall remove from the Premises, at its sole expense, all equipment,
furnishings, and other personal property owned and placed in or on the Premises by the
Lessee unless otherwise provided for in the Lease. If Lessee fails to removed such
equipment, furnishings, and other personal property within the time allowed, Lessor may,
but need not, remove said personal property and hold it for the owners thereof, or place
the same in storage, all at the expense and risk of the owners thereof, and Lessee shall
reimburse Lessor for any expenses incurred by Lessor in connection with such removal
and storage. Lessor shall have the right to sell such stored property, without notice to
Lessee, after it has been stored for a period of thirty (30) calendar days or more, the
proceeds of such sale to be applied first to the cost of sale, second to payment of any
charges for storage, and third to the payment of any other amounts which may then be
due from Lessee to Lessor, and the balance, if any, shall be paid to Lessee.
ARTICLE 7.DAMAGE OR DESTRUCTION
Section 7.1 Partial Damage to Property:
7.1.1 Lessee shall notify Lessor in writing immediately upon the occurrence of any
damage to the Carco Theatre. If the Carco Theatre is only partially damaged, [i.e., less
than fifty percent (50%) of the Carco Theatre is not leasable as a result of such damage or
less than fifty percent (50%) of Lessee’s operations are materially impaired], and if the
proceeds received by Lessor from the insurance policies described in Subsection 4.3 are
sufficient to pay for the necessary repairs, this Lease shall remain in effect and Lessor
shall repair the damage as soon as reasonably possible. Lessor may elect (but is not
required) to repair any damage to Lessee’s fixtures, equipment, or improvements. Lessee
shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee’s
employees, agents, contractors or invitees, the “deductible amount,” if any, under
Lessor’s insurance policies.
7.1.2 (b) If the insurance proceeds received by Lessor are not sufficient to pay the entire
cost of repair, or if the cause of the damage is not covered by the insurance policies
which Lessor maintains under Section 4.3, Lessor may elect either to (i) repair the
damage as soon as reasonably possible, in which case this Lease shall remain in full force
and effect, or (ii) terminate this Lease as of the date the damage occurred. Lessor shall
notify Lessee within thirty (30) calendar days after receipt of notice of the occurrence of
the damage whether Lessor elects to repair the damage or terminate the Lease. Lessee
shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee’s
employees, agents, contractors or invitees, the “deductible amount,” if any, under
Lessor’s insurance policies. If Lessor elects to terminate the Lease, Lessee may elect to
continue this Lease in full force and effect, in which case Lessee shall repair any damage
to the Carco Theatre and any building in which the Carco Theatre is located. Lessee shall
pay the cost of such repairs, except that upon satisfactory completion of such repairs,
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Lessor shall deliver to Lessee any insurance proceeds received by Lessor for the damage
repaired by Lessee. Lessee shall give Lessor written notice of such election within ten
(10) calendar days after receiving Lessor’s termination notice.
7.1.3 If the damage to the Carco Theatre occurs during the last six (6) months of the
Lease Term and such damage will require more than thirty (30) calendar days to repair,
either Lessor or Lessee may elect to terminate this Lease as of the date the damage
occurred, regardless of the sufficiency of any insurance proceeds. The party electing to
terminate this Lease shall give written notification to the other party of such election
within thirty (30) calendar days after Lessee’s notice to Lessor of the occurrence of the
damage.
Section 7.2 Substantial or Total Destruction:
7.2.1 If the Carco Theatre is substantially or totally destroyed by any cause whatsoever
(i.e., the damage to the Carco Theatre is greater than partial damage as described in
Section 7.1, and regardless of whether Lessor receives any insurance proceeds, this Lease
shall terminate as of the date the destruction occurred. Notwithstanding the preceding
sentence, if the Carco Theatre can be rebuilt within six (6) months after the date of
destruction, Lessor may elect to rebuild the Carco Theatre at Lessor’s own expense, in
which case this Lease shall remain in full force and effect. Lessor shall notify Lessee of
such election within thirty (30) calendar days after Lessee’s notice of the occurrence of
total or substantial destruction. If Lessor so elect, Lessor shall rebuild the Carco Theatre
at Lessor’s sole expense, except that if the destruction was caused by an act or omission
of Lessee.
Section 7.3 Temporary Reduction of Rent:
7.3.1 If the Carco Theatre is destroyed or damaged and Lessor or Lessee repairs or
restores the Carco Theatre pursuant to the provisions of this Article 7, any rent payable
during the period of such damage repair and/or restoration shall be reduced according to
the degree, if any, to which Lessee’s use of the Carco Theatre is impaired. Except for
such possible reduction in Base Rent, Lessee shall not be entitled to any compensation,
reduction, or reimbursement from Lessor as a result of any damage, destruction, repair, or
restoration of or to the Carco Theatre.
Section 7.4 Destruction Waiver:
7.4.1 Lessee waives the protection of any statute, code or judicial decision which grants
a lessee the right to terminate a lease in the event of the substantial or total destruction of
the leased Carco Theatre. Lessee agrees that the provision of Section 7.2 above shall
govern the rights and obligations of Lessor and Lessee in the event of any substantial or
total destruction to the Carco Theatre.
ARTICLE 8.CONDEMNATION
8.1.1 If all or any portion of the Carco Theatre is taken under the power of eminent
domain or sold under the threat of that power (all of which are called “Condemnation”),
this Lease shall terminate as to the part taken or sold on the date the condemning
authority takes title or possession, whichever occurs first. If more than twenty percent
(20%) of the floor area of the building in which the Carco Theatre is located, or which is
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located on the Carco Theatre, is taken, either Lessor or Lessee may terminate this Lease
as of the date the condemning authority takes title or possession, by delivering written
notice to the other within ten (10) calendar days after receipt of written notice of such
taking (or in the absence of such notice, within ten (10) calendar days after the
condemning authority takes title or possession).
8.1.2 If neither Lessor nor Lessee terminates this Lease, this Lease shall remain in
effect as to the portion of the Carco Theatre not taken, except that the Base Rent shall be
reduced in proportion to the reduction in the floor area of the Carco Theatre.
8.1.3 Any Condemnation Award or payment shall be distributed in the following order:
(a) first, to any mortgagee or beneficiary under a deed of trust encumbering the Carco
Theatre, the amount of its interest in the Carco Theatre; (b) second, to Lessee, only the
amount of any award specifically designated for loss of or damage to Lessee’s trade
fixtures or removable personal property; and (c) third, to Lessor, the remainder of such
award, whether as compensation for reduction in the value of the leasehold, the taking of
the fee, or otherwise.
8.1.4 If this Lease is not terminated, Lessor shall repair any damage to the Carco Theatre
caused by the Condemnation, except that Lessor shall not be obligated to repair any
damage for which Lessee has been reimbursed by the condemning authority.
8.1.5 If the severance damages received by Lessor are not sufficient to pay for such
repair, Lessor shall have the right to either terminate this Lease or make such repair at
Lessor’s expense.
ARTICLE 9.ASSIGNMENT AND SUBLETTING
Section 9.1 Lessor’s Consent Required:
9.1.1 No portion of the Carco Theatre or of Lessee’s interest in this Lease may be
acquired by any other person or entity, whether by sale, assignment, mortgage, sublease,
transfer, operation of law, or act of Lessee (hereafter collectively referred to as a
“Transfer”) without Lessor’s prior written consent. Lessor has the right to grant or
withhold its consent as provided in Section 9.3 below.
9.1.2 Any attempted Transfer without Lessor’s prior written consent shall be void and
shall constitute a non-curable breach of this Lease. If Lessee is a partnership or limited
liability company, any cumulative Transfer of more than twenty percent (20%) of the
entity’s interests shall require Lessor’s consent.
9.1.3 If Lessee is a corporation, any change in the ownership of a controlling interest of
the voting stock of the corporation, cumulatively over the life of the Lease, shall require
Lessor’s consent.
Section 9.2 No Release of Lessee:
9.2.1 No Transfer shall release Lessee or change Lessee’s primary liability to pay the
rent and to perform all other obligations of Lessee under this Lease. Lessor’s acceptance
of rent from any other person is not a waiver of any provision of this Article 9. Consent
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to one Transfer is not consent to any subsequent Transfer.
9.2.2 If Lessee’s transferee defaults under this Lease, Lessor may proceed directly
against Lessee without pursuing remedies against the transferee. Lessor may consent to
subsequent assignments or modifications of this Lease by Lessee’s transferee, without
notifying Lessee or obtaining its consent. Such action shall not relieve Lessee’s liability
under this Lease.
Section 9.3 Lessor’s Consent:
9.3.1 Lessee’s request for consent to any Transfer described in Section 9.1 shall set
forth in writing the details of the proposed Transfer, including the name, business and
financial condition of the prospective transferee, financial details of the proposed
Transfer (e.g., the term of and the rent and security deposit payable under any proposed
assignment or sublease), and any other information Lessor deems relevant. Lessor shall
have the right to withhold consent, if reasonable, or to grant consent, based on the
following factors: (i) the business of the proposed assignee or sublessee and the proposed
use of the Carco Theatre; (ii) the net worth and financial reputation of the proposed
assignee or sublessee; (iii) Lessee’s compliance with all of its obligations under the
Lease; and (iv) such other factors as Lessor may reasonably deem relevant.
ARTICLE 10. DEFAULT OR FAILURE OF CONSIDERATION
10.1.1 Lessee’s performance of each of the Lessee’s obligations under this Lease is a
conditional as well as a covenant. Lessee’s right to continue in possession of the Carco
Theatre is conditioned upon such performance. Time is of the essence in the performance
of all covenants and conditions.
10.1.2 Lessor may terminate the lease and take possession of the Leased Premises in the
event that the Lessee’s right to continue in possession of the Carco Theatre is conditions
of the Lease, and such default or deficiency in performance was not remedied by the
Lessee within thirty (30) calendar days after receiving notice in writing stating the nature
of the default or deficiency and the Lessor’s intention to terminate the Lease if not
corrected.
10.1.3 Under such circumstances as noted in 10.1.2, the Lessee is still responsible for
any outstanding amounts, as well as penalties, and any other liabilities, costs and
assessments.
ARTICLE 11.PROTECTION OF LENDERS
Section 11.1 Subordination:
11.1.1 Lessor shall have the right to subordinate this Lease to any ground lease, deed of
trust or mortgage encumbering the Carco Theatre, any advances made on the security
thereof and any renewals, modifications, consolidations, replacements or extensions
thereof, whenever made or recorded. Lessee shall cooperate with Lessor and any lender
which is acquiring a security interest in the Carco Theatre or the Lease.
11.1.2 Lessee shall execute such further documents and assurances as such lender may
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require, provided that Lessee’s obligations under this Lease shall not be increased in any
material way (the performance of ministerial acts shall not be deemed material), and
Lessee shall not be deprived of its rights under this Lease. Lessee’s right to quiet
possession of the Carco Theatre during the Lease Term shall not be disturbed if Lessee
pays the rent and performs all of Lessee’s obligations under this Lease and is not
otherwise in default.
11.1.3 If any ground Lessor, beneficiary or mortgagee elects to have this Lease prior to
the lien of its ground lease, deed of trust or mortgage and gives written notice thereof to
Lessee, this Lease shall be deemed prior to such ground lease, deed of trust or mortgage
whether this Lease is dated prior or subsequent to the date of said ground lease, deed of
trust or mortgage or the date of recording thereof.
Section 11.2 Attornment:
11.2.1 If Lessor’s interest in the Carco Theatre is acquired by any ground Lessor,
beneficiary under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee
shall attorn to the transferee of or successor to Lessor’s interest in the Carco Theatre and
recognize such transferee or successor as Lessor under this Lease. Lessee waives the
protection of any statute or rule of law which gives or purports to give Lessee any right to
terminate this Lease or surrender possession of the Carco Theatre upon the transfer of
Lessor’s interest.
Section 11.3 Signing of Documents:
11.3.1 Lessee shall sign and deliver any instrument or documents necessary or
appropriate to evidence any such attornment or subordination or agreement to do so.
11.3.2 If Lessee fails to do so within twenty (20) calendar days after written request,
Lessee hereby makes, constitutes and irrevocably appoints Lessor, or any transferee or
successor of Lessor, the attorney-in-fact of Lessee to execute and deliver any such
instrument or document.
Section 11.4 Estoppel Certificates:
11.4.1 Upon Lessor’s written request, Lessee shall execute, acknowledge and deliver to
Lessor a written statement certifying: (i) that none of the terms or provisions of this Lease
have been changed (or if they have been changed, stating how they have been changed);
(ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of
the Base Rent and other charges and the time period covered by such payment; (iv) that
Lessor is not in default under this Lease (or, if Lessor is claimed to be in default, stating
why); and (v) such other representations or information with respect to Lessee or the
Lease as Lessor may reasonably request or which any prospective purchaser or
encumbrancer of the Carco Theatre may require.
11.4.2 Lessee shall deliver such statement to Lessor within twenty (20) calendar days
after Lessor’s request. Lessor may give any such statement by Lessee to any prospective
purchaser or encumbrancer of the Carco Theatre. Such purchaser or encumbrancer may
rely conclusively upon such statement as true and correct.
11.4.3 If Lessee does not deliver such statement to Lessor within such twenty (20)
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calendar day period, Lessor, and any prospective purchaser or encumbrancer, may
conclusively presume and rely upon the following facts: (i) that the terms and provisions
of this Lease have not been changed except as otherwise represented by Lessor; (ii) that
this Lease has not been canceled or terminated except as otherwise represented by Lessor:
(iii) that not more than one month’s Base Rent or other charges have been paid in
advance; and (iv) that Lessor is not in default under the lease. In such event, Lessee shall
be estopped from denying the truth of such facts.
ARTICLE 12.LEGAL COSTS
Section 12.1 Legal Proceedings:
12.1.1 If Lessee or Lessor shall be in breach or default under this Lease, such party (the
“Defaulting Party”) shall reimburse the other party (the “Nondefaulting Party”) upon
demand for any costs or expenses that the Nondefaulting Party incurs in connection with
any breach or default of the Defaulting Party under this Lease, whether or not suit is
commenced or judgment entered. Such costs shall include legal fees and costs incurred
for the negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if
any action for breach of or to enforce the provisions of this Lease is commenced, the
court in such action shall award to the party in whose favor a judgment is entered, a
reasonable sum as attorneys’ fees and costs. The losing party in such action shall pay
such attorneys’ fees and costs. Lessee shall also indemnify Lessor against and hold
Lessor harmless from all costs, expenses, demands and liability Lessor may incur if
Lessor becomes or is made a party to any claim or action (a) instituted by Lessee against
any third party, or by any third party against Lessee, or by or against any person holding
any interest under or using the Carco Theatre by license of or agreement with Lessee; (b)
for foreclosure of any lien for labor or material furnished to or for Lessee or such other
person; (c) otherwise arising out of or resulting from any act or transaction of Lessee or
such other person; or (d) necessary to protect Lessor’s interest under this Lease in a
bankruptcy proceeding, or other proceeding under Title 11 of the United States Code, as
amended. Lessee shall defend Lessor against any such claim or action at Lessee’s
expense with counsel reasonably acceptable to Lessor or, at Lessor’s election, Lessee
shall reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or
action.
Section 12.2 Lessor’s Consent:
13.2.1 Lessee shall pay Lessor’s reasonable attorneys’ fees incurred in connection with
Lessee’s request for Lessor’s consent under Article 9 (Assignment and Subletting), or in
connection with any other act which Lessee proposes to do and which requires Lessor’s
consent.
ARTICLE 13.MISCELLANEOUS PROVISIONS
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Section 13.1 Non-Discrimination:
13.1.1 Lessee promises, and it is a condition to the continuance of this Lease, that
therewill be no discrimination against, or segregation of, any person or group of persons
on thebasis of race, color, age, sex, sexual orientation, mental or physical disability,
religion,creed, national origin or ancestry in the leasing, subleasing, transferring,
occupancy,tenure or use of the Carco Theatre or any portion thereof, unless exempted
by applicable
state or federal legislation or judicial or quasi-judicial decisions.
Section 13.2 Lessor’s Liability; Certain Duties:
13.2.1 As used in this Lease, the term “Lessor” means only the current owner or owners
of the fee title to the Carco Theatre or the leasehold estate under a ground lease of the
Carco Theatre at the time in question. Each Lessor is obligated to perform the
obligations of Lessor under this Lease only during the time such Lessor owns such
interest or title. Any Lessor who transfers its title or interest is relieved of all liability
with respect to the obligations of Lessor under this Lease to be performed on or after the
date of transfer. However, each Lessor shall deliver to its transferee all funds that Lessee
previously paid if such funds have not yet been applied under the terms of this Lease.
13.2.2 (b) Lessee shall give written notice of any failure by Lessor to perform any of its
obligations under this Lease to Lessor and to any ground Lessor, mortgagee or
beneficiary under any deed of trust encumbering the Carco Theatre whose name and
address have been furnished to Lessee in writing. Lessor shall not be in default under this
Lease unless Lessor (or such ground Lessor, mortgagee or beneficiary) fails to cure such
non-performance within thirty (30) calendar days after receipt of Lessee’s notice.
However, if such non-performance reasonably requires more than thirty (30) calendar
days to cure, Lessor shall not be in default if such cure is commenced within such thirty
(30) calendar day period and thereafter is diligently pursued to completion.
Section 13.3 Severability:
13.3.1 A determination by a court of competent jurisdiction that any provision of this
Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the
remainder of such provision of this Lease, which shall remain in full force and effect.
Section 13.4 Interpretation:
13.4.1 The captions of the Articles or Sections of this Lease are to assist the parties in
reading this Lease and are not a part of the terms or provisions of this Lease. Whenever
required by the context of this Lease, the singular shall include the plural and the plural
shall include the singular. The masculine, feminine and neuter genders shall each include
the other. In any provision relating to the conduct, acts or omissions of Lessee, the term
“Lessee” shall include Lessee’s officers, agents, employees, contractors, invitees,
successors or others using the Carco Theatre with Lessee’s expressed or implied
permission. In any provision relating to the conduct, acts or omissions of Lessor, the
term “Lessor” shall include Lessor’s officers, agents, employees, contractors, invitees,
successors or others using the Carco Theatre with Lessor’s expressed or implied
permission.
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Section 13.5 Incorporation of Prior Agreements; Modifications:
13.5.1 This Lease is the only agreement between the parties pertaining to the lease of the
Carco Theatre and no other agreements are effective. All amendments to this Lease shall
be in writing and signed by all parties. Any other attempted amendment, unless in
writing and signed by each party shall be void.
Section 13.6 Notices:
13.6.1 All notices required or permitted under this Lease shall be in writing and shall be
personally delivered or sent by certified mail, return receipt requested, postage prepaid.
Notices to Lessee shall be delivered to the address specified in Section 1.3. Notices to
Lessor shall be delivered to the address specified in Section 1.2. All notices shall be
effective upon delivery. Either party may change its notice address upon written notice to
the other party.
Section 13.7 Waivers:
13.7.1 All waivers must be in writing and signed by the waiving party. Lessor’s failure
to enforce any provision of this Lease or its acceptance of rent shall not be a waiver and
shall not prevent Lessor from enforcing that provision or any other provision of this
Lease in the future. No statement on a payment check from Lessee or in a letter
accompanying a payment check shall be binding on Lessor. Lessor may, with or without
notice to Lessee, negotiate such check without being bound to the conditions of such
statement.
Section 13.8 No Recordation:
13.8.1 Lessee shall not record this Lease without prior written consent from Lessor.
However, either Lessor or Lessee may require that a “Short Form” memorandum of this
Lease executed by both parties be recorded. The party requiring such recording shall pay
all transfer taxes and recording fees required to accomplish recordation.
Section 13.9 Binding Effect; Choice of Law:
13.9.1 This Lease binds any party who legally acquires any rights or interest in this
Lease from Lessor or Lessee. However, Lessor shall have no obligation to Lessee’s
successor unless the rights or interest of Lessee’s successor are acquired in accordance
with the terms of this Lease. The laws of the State of Washington shall govern this
Lease.
Section 13.10 Entity Authority:
13.10.1 If Lessee is an entity other than an individual or partnership, each person signing
this Lease on behalf of Lessee represents and warrants that he has full authority to do so
and that his Lease binds the entity. Within thirty (30) calendar days after this Lease is
signed, Lessee shall deliver to Lessor a certified copy of a resolution of Lessee’s Board of
Directors or other governing body authorizing the execution of this Lease or other
evidence of such authority reasonably acceptable to Lessor. If Lessee is a partnership,
each person or entity signing this Lease for Lessee represents and warrants that he or it is
a general partner of the partnership, that he or it has full authority to sign for the
partnership and that this Lease binds the partnership and all general partners of the
partnership. Lessee shall give written notice to Lessor of any general partner’s
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withdrawal or addition. Within thirty (30) calendar days after this Lease is signed,
Lessee shall deliver to Lessor a copy of Lessee’s recorded statement of partnership or
certificate of limited partnership.
Section 13.11 Joint and Several Liability:
13.11.1 All parties signing this Lease as Lessee shall be jointly and severally liable for all
obligations of Lessee.
Section 13.12 Force Majeure:
13.12.1 If Lessor cannot perform any of its obligations due to events beyond Lessor’s
control, the time provided for performing such obligations shall be extended by a period
of time equal to the duration of such events beyond Lessor’s control. Such events
include, but are not limited to, Acts of God, war, civil commotion, labor disputes, strikes,
fire, flood or other casualty, shortages of labor or material, government regulation or
restriction, volcanic eruption, and weather conditions.
Section 13.13 Execution of Lease:
13.13.1 This Lease may be executed in counterparts and, when all counterpart documents
are executed, the counterparts shall constitute a single binding instrument. Lessor’s
delivery of this Lease to Lessee shall not be deemed to be an offer to lease and shall not
be binding upon either party until executed and delivered by both parties.
Section 13.14 Survival:
13.14.1 All representations and warranties of Lessor and Lessee shall survive the
expiration or early termination of this Lease.
ARTICLE 14.BROKERS
14.1 Nothing contained in this Lease shall impose any obligation on Lessor to pay a
commission or fee to any party. Lessee represents and warrants to Lessor that it has not
engaged any broker, finder or other person who would be entitled to any commission or
fees for the negotiation, execution, or delivery of this Lease. Lessee shall indemnify,
defend, and hold harmless Lessor against any loss, cost, liability or expense incurred by
Lessor as a result of any claim asserted by any such broker, finder or other person on the
basis of any arrangements or agreements made or alleged to have been made by or on
behalf of Lessee. This Article shall not apply to brokers with whom Lessor has an
express written brokerage agreement.
ARTICLE 15.ACKNOWLEDGMENTS
15.1 Lessor and Lessee have signed this Lease on the dates specified adjacent to their
signatures below and have initialed all Exhibits and/or Riders which are attached to or
incorporated by reference into this Lease.
“LESSOR”“LESSEE”
City of Renton Puget Sound Access (PSA)
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By _________________________By: __________________________
Denis Law, Mayor
Date: ___________________, 2012 Name/Title _________________
(printed)
Attest:
Date: ___________ _______, 2012
By ___________________________
Bonnie Walton, City Clerk
Attest:
By ____________________________
Lawrence J. Warren, City Attorney
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6f. ‐ Community Services Department recommends approval of a five‐
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EXHIBIT “A”
SITE MAP
`
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EXHIBIT “B”
CITY EQUIPMENT LIST
Exhibit “C”
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PSA EQUIPMENT LIST
Exhibit “D””
CUSTODIAL CHECK LIST – CITY
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Exhibit “E”
CUSTODIAL CHECKLIST - PSA
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Final Pay Estimate CAG 12-078
Earlington Sewer Replacement Phase II
Contractor: Shoreline Construction Co.
Meeting:
Regular Council - 07 Jan 2013
Exhibits:
Final Pay Estimate
Notice Of Completion of Public Works Contract
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
John Hobson, x7279
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $15,330 (Final Pay Est.) Transfer Amendment: $NA
Amount Budgeted: $ $20,000 Revenue Generated: $NA
Total Project Budget: $ $750,000 City Share Total Project: $ NA
SUMMARY OF ACTION:
The project was awarded on June 11, 2012. Construction began on July 16, 2012, and was completed on
October 2, 2012. The original contract amount was $714,844.47 and the final amount is $554,815.21, a
decrease of $160,029.26 or 22 percent. The cost decrease was the result of eliminating two bid items
for Cured-In-Place Pipe rehabilitation of existing side sewer connections, which staff determined were
not cost effective. The final cost was below the original engineer’s estimate and within the amount
budgeted for the project.
The 2012 budget for the Earlington Sewer Replacement Phase II project is $750,000 (account
426.465405). The amount budgeted for this project is enough to cover the construction, engineering,
and staff costs of this project.
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate, in the amount of $15,330, and release the retainage
bond in the amount of $35,742.22 after 60 days, subject to the receipt of all required authorizations.
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 106 of 111
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 107 of 111
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 108 of 111
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 109 of 111
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 110 of 111
6g. ‐ Utilities Systems Division submits CAG‐12‐078, Earlington Sewer
Replacement, Phase II project; and requests approval of the project, Page 111 of 111