HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA – REGULAR
7:00 PM - MONDAY, FEBRUARY 9, 2026
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a
hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City
Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09
(or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing
253-215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by
5 p.m. on the day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers
must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone
who registers after 5 p.m. on the day of the Council meeting will not be called upon to
speak and will be required to re-register for the next Council meeting if they wish to speak
at that next meeting.
• Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
OneMeeting Project Confirmation of Work
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
Administrative Report
4. AUDIENCE COMMENTS- All remarks must be addressed to the Council as a whole, if a
response is requested please provide your name and address, including email address, to
the City Clerk to allow for follow‐up.
- Speakers must sign-up prior to the Council meeting.
- Each speaker is allowed three minutes.
- When recognized, please state your name & city of residence for the record.NOTICE to all
participants: Pursuant to state law, RCW 29B.45.010, campaigning for or against any
ballot measure or candidate in City Hall and/or during any portion of the council
meeting, including the audience comment portion of the meeting, is PROHIBITED.
5. 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 Minutes of February 2, 2026. Council Concur
b) Community and Economic Development Department – Economic Development
Division recommends adoption of an ordinance declaring a portion of an existing
utility surplus; and requests adoption of a resolution setting a public hearing to
consider this matter on March 2, 2026. Refer to Utilities Committee; Set
Public Hearing on 3/2/2026
c) Police Department recommends execution of a Rooftop Site Lease Agreement
with Cintas Corporation No. 2, in the amount of $60.00 plus taxes and fees per
month, to store and conduct limited testing/maintenance of drones and related
equipment on approximately 500 square feet of rooftop at 1001 SW 34th St,
Renton, WA 98057. Refer to Finance Committee
d) Public Works Department – Airport Division submits CAG-22-237, 243 Airport
Office Renovation project, contractor Reynolds General Contracting Inc., and
requests acceptance of the project and release of the retainage bond after 60
days once all required releases from the state are obtained and all liens are
legally cleared. Council Concur
e) Public Works Department – Transportation Systems Division requests execution
of a Settlement Agreement and Release with Cascade Civil Construction, LLC,
in the amount of $602,390 to resolve the organization’s dispute and claims
regarding payments; and approve a budget adjustment in the amount of
$1,250,000 to cover all 2025 and 2026 project related costs for the Williams Ave
S and Wells Ave S Conversion project. Refer to Finance Committee
f) Public Works Department – Utility Systems Division submits CAG-25-075, NE
12th St AC Water Main and Stormwater Replacement project, contractor
Raudenbush Earthworks, LLC, and requests acceptance of the project and
release of the retainage bond after 60 days once all required releases from the
state are obtained and all liens are legally cleared. Council Concur
6. 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. Finance Committee: 1) Vouchers; 2) Amendment to Interagency Agreement with the
Washington Administrative Office of Courts for Blake Funding; 3) Award of Contract
CAG-26-020 for the Legacy Square Phase 3 Playground Equipment
7. LEGISLATION
Resolution:
a) Resolution No. 4573: A Resolution of the City of Renton, Washington,
setting a public hearing date regarding declaring a portion of an existing
utility easement surplus to the city’s needs and authorizing partial release of
said easement. (See Item 5.b)
Ordinances for first reading:
b) Ordinance No. 6183: An Ordinance of the City of Renton, Washington,
amending the 2025 Official Zoning Map for nine (9) geographically distinct
sites within the City of Renton from Residential Multi-Family (RMF),
Residential-14 (R-14), and Residential-10 (R-10) to Residential Multi-Family 2
(RMF-2), providing for severability, and establishing an effective date. (D-
243) (Recommended for approval on 11/24/2025 via Planning &
Development Committee)
c) Ordinance No. 6184: An Ordinance of the City of Renton, Washington
amending Section 4-2-060 of the Renton Municipal Code Subsections 4-4-
040.B.5, 4-4-080.F.8, 4-8-090.C, and 4-10-050.A of the Renton Municipal
Code; and definitions in Sections 4-11-010.S, 4-11-020 And 4-11-120 of the
Renton Municipal Code, codifying Administrative Code Interpretations from
2021 to 2024, authorizing corrections, providing for severability, and
establishing an effective date. (D-245) (Recommended for approval on
11/24/2025 via Planning & Development Committee)
Ordinances for second and final reading:
d) Ordinance No. 6181: An Ordinance of the City of Renton, Washington,
granting NFC Northwest, LLC, authorized to do business within the State of
Washington, its affiliates, successors and assigns, the right, privilege, and
authority to install communications facilities, specifically fiber optic cable
OneMeeting Project Confirmation of Work
and related appurtenances, under, along, over, below, through and across
the streets, avenues and alleys of the City of Renton within the public right-
of-way of Renton. (First Reading 2/2/2026)
e) Ordinance No. 6182: An Ordinance of the City of Renton, Washington,
granting Ziply Fiber Pacific, LLC dba Ziply Fiber and affiliates authorized to
do business within the State of Washington, its affiliates, successors and
assigns, the right, privilege, and authority to install communications facilities,
specifically fiber optic cable and related appurtenances, under, along, over,
below, through and across the streets, avenues and alleys of the City of
Renton within the public right-of-way of Renton. (First Reading 2/2/2026)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. EXECUTIVE SESSION & ADJOURNMENT
To discuss potential litigation per RCW 42.30.110.1.(i) for approximately 30
minutes.
DATE: February 5, 2026
TO: Ruth Pérez, Council President
Members of the Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• What’s Brewing with Ed? Join Chief Administrative Officer Ed VanValey, Tuesday, February 17
from 5:30-6:30 p.m. at Four General Brewing (229 Wells Avenue South). This is a great
opportunity to ask questions, engage with the city’s team of experts, and learn more about your
community. Admission is free. We look forward to seeing you.
• Staff met with the business owner who provided comment on transportation impact fees at a
prior meeting and were able to resolve the matter.
• Staff contacted the individual who provided comment about accessibility for the visually
impaired who agreed to meet and discuss specific concerns and observations.
• Information about preventative street maintenance, traffic impact projects, and road closures
happening this week can be found at http://rentonwa.gov/traffic. All projects are weather
permitting and unless otherwise noted, streets will always remain open.
Monday, February 9 through Friday, February 12, 7:00am-4:00pm. Road closure on SE 5th
St from Maple Valley Highway to east of SE 6th St for construction work. Approved traffic
control plans were issued for all work and will be followed. Questions may be directed to
Casey Grant, 206-532-4380.
Monday, February 9 through Friday, February 12, 7:00am-4:00pm. Road closure on SE 6th
St at the intersection of SE 5th St for construction work. Approved traffic control plans were
issued for all work and will be followed. Questions may be directed to Casey Grant,
206-532-4380.
Monday, February 9 through Friday, February 12, 7:00am-4:00pm. Intermittent lane
closure on NE 8th St between Logan and Park Ave for construction work. Approved traffic
control plans were issued for all work and will be followed. Questions may be directed to
Kip Braaten, 206-503-1746.
Monday, February 9 through Friday, February 13, 8:00am-4:00pm. Road closure on 122nd
Ave SE between SE 172nd St and SE 168th St for construction work. Approved traffic control
plans were issued for all work and will be followed, including detour and spotters and
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Ruth Pérez, Council President
Members of the Renton City Council
Page 2 of 2
February 5, 2026
flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob
Blackburn, 206-379-1489.
Monday, February 9 through Friday, February 12, 8:00am-4:00pm. Intermittent lane
closure on SE 172nd St between 122nd Ave SE and 127th Ave SE for construction work.
Approved traffic control plans were issued for all work and will be followed. Questions may
be directed to Rob Blackburn, 206-379-1489.
Monday, February 9 through Friday, February 12. Intermittent lane closure on Rainier Ave
North between 2nd St and Airport Way for construction work. Approved traffic control plans
were issued for all work and will be followed. Questions may be directed to Joe Nerlfi,
425-757-9657.
On-going Street Closure through May 15, 2026 (City of Renton Resolution No. 4571)
FULL STREET CLOSURE on Houser Way N between Lake Washington Blvd N and Lowe’s
business access road in support of the I-405, Renton to Bellevue Widening and Express Toll
Lanes (ETL) project.
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CITY OF RENTON
MINUTES - City Council Regular Meeting
FEBRUARY 2, 2026; 7:00 PM
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
Councilmembers
Ruth Pérez, Council Position No. 6
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim-Khánh Vǎn, Council Position No. 7 Administrative Staff Present
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Maryjane Van Cleave, Parks & Recreation Administrator
Martin Pastucha, Public Works Administrator
Jennifer Spencer, Recreation Director
Young Yoon, IT Director
Patrice Kent, Senior Assistant City Attorney
Amanda Free, Economic Development Director
Eric Perry, Government Affairs Manager
Deputy Chief Jeffery Hardin, Police Department
Deputy Chief Ryan Rutledge, Police Department
Attended Remotely
Judith Subia, Chief of Staff
Kristi Rowland, Deputy CAO
Kari Roller, Finance Administrator
Ron Straka, Public Works Utility Systems Director
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3. PROCLAMATION
a) Black History Month – February 2026: A proclamation by Mayor Pavone was read
declaring February 2026, as Black History Month in the City of Renton and
encouraging everyone to join in the special observance. Curtis Riggins and Kirsten
Thornton, Co-founders, Renton School District Historically Black College and
University Delegation Program, accepted the proclamation with appreciation.
MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE
PROCLAMATION AS PRESENTED. CARRIED.
4. ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s
recent progress towards goals and work programs adopted as part of its business
plan for 2026 and beyond. Noted items were:
• It’s officially playtime at Maplewood Park. Join us Saturday, February 7 at 10 a.m. for the
official ribbon cutting ceremony at Maplewood Park (3400 SE 6th Street) to celebrate a job well
done for a space built for fun, fitness, and community.
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All projects
are weather permitting and unless otherwise noted, streets will always remain open.
5. AUDIENCE COMMENTS
• Daphne Baird, Renton, spoke about ongoing issues with I.C.E enforcement efforts and
requested the city adopt ordinances to protect whistleblowers.
• Emily Beckly, Renton, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
• Renee Look, Renton, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
• Anissa Gusti, Renton, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
• Nicolle Candland, Renton, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
• Melissa Daily, Renton, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
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• Victoria Blakeney, Tacoma, speaking on behalf of the Renton School District, spoke
about the Renton Student Health Hub, and submitted a packet of information
highlighting all its successes.
• Alex Pizzaro, Seattle, requested additional pedestrian safety measures be
implemented around Sartori Elementary School.
• Tristen Kochen, Renton, noted that he had previously provided suggestions for
additional pedestrian safety measures for Sartori Elementary School and urged city
officials to implement them.
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 Minutes of January 26, 2026. Council Concur
b) Municipal Court recommends approval of Amendment #1 to GRA-25-039, with
Washington Administrative Office of Courts (AOC) in the amount of $10,000.00, for
the renewal of the grant funding to be applied towards the reimbursement of court
costs associated with cases impacted by the Blake decision. Refer to Finance
Committee
c) Community and Economic Development Department recommends execution of
contract CAG-26-020, contractor Northwest Playground Equipment Inc., in the
amount of $275,407.76, for fabrication and construction of the Legacy Square
Phase 3 Playground Equipment project; and requests additional appropriations in
the amount of $150,000 to cover the budget gap. Refer to Finance Committee
MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE CONSENT
AGENDA AS PUBLISHED. CARRIED.
7. UNFINISHED BUSINESS
a) Utilities Committee: Chair Vǎn presented a report recommending concurrence in
the staff recommendation to grant a ten (10) year telecommunications franchise to
NFC Northwest, LLC. The Committee further recommended that the ordinance
regarding this matter be presented for first reading at tonight’s Council meeting.
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Utilities Committee: Chair Vǎn presented a report recommending concurrence in
the staff recommendation to grant a ten (10) year telecommunications franchise to
Ziply Fiber Pacific, LLC. The Committee further recommended that the ordinance
regarding this matter be presented for first reading at tonight’s Council meeting.
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MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Utilities Committee: Chair Vǎn presented a report recommending concurrence in
the staff recommendation to authorize the Mayor and City Clerk to execute the
agreement with Stantec Consulting Services, Inc. in the amount of $296,218.80 for
engineering services associated with the design of the Copper Ridge Storm System
Improvement project.
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Transportation Committee: Chair Rivera presented a report recommending
concurrence in the staff recommendation to approve the Renton Airport Advisory
Committee appointments of Jordan Ming to the Airport-at-Large Primary Position
and Kevin Iden to the Kennydale Alternate Position, with terms expiring February 28,
2029.
MOVED BY RIVERA, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Transportation Committee: Chair Rivera presented a report recommending
concurrence in the staff recommendation to execute a Professional Service
Agreement amendment with Fehr and Peers, Inc. in the amount of $148,275 to
complete the update of the Transportation Concurrency Policy.
MOVED BY RIVERA, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Transportation Committee: Chair Rivera presented a report recommending
concurrence in the staff recommendation to approve Change Order No. 56 to CAG-
22-163 with Pivetta Brother’s Construction, Inc. in the amount of $390,371.50, for
the Rainier Ave S Corridor Improvements – Phase 4 project.
MOVED BY RIVERA, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
8. LEGISLATION
Ordinances for first reading:
a) Ordinance No. 6181: An ordinance of the City of Renton, Washington,
granting NFC Northwest, LLC authorized to do business within the State
of Washington, its affiliates, successors and assigns, the right, privilege,
and authority to install communication facilities, specifically fiber optic
cable and related appurtenances, under, along, over, below, through and
across the streets, avenues and alleys of the City of Renton within the
public right-of-way of Renton. 10 of 294
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
b) Ordinance No. 6182: An ordinance of the City of Renton, Washington,
granting Ziply Fiber Pacific, LLC DBA Ziply Fiber and Affiliates authorized
to do business within the State of Washington, its affiliates, successors
and assigns, the right, privilege, and authority to install communication
facilities, specifically fiber optic cable and related appurtenances,
under, along, over, below, through and across the streets, avenues and
alleys of the City of Renton within the public right-of-way of Renton.
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. EXECUTIVE SESSION & ADJOURNMENT
MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL RECESS INTO
EXECUTIVE SESSION TO DISCUSS LITIGATION PURSUANT TO RCW
42.30.110.1.(I) FOR APPROXIMATELY 20 MINUTES WHERE NO ACTION WILL BE
TAKEN AND THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE
SESSION IS ADJOURNED. CARRIED. TIME: 7:42 p.m.
Executive Session was conducted, and no action was taken. The council meeting
adjourned when the executive session adjourned. TIME: 7:58 p.m.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
Monday, February
02, 2026
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Council Committee Meeting Calendar
February 2, 2026
February 9, 2026
Monday
4:00 p.m. Community Services Committee, Chair McIrvin
Location: Council Conference Room/Videoconference
1. Emerging Issues in Parks & Recreation
5:00 p.m. Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Amendment to Interagency Agreement with the Washington
Administrative Office of Courts for Blake Funding
2. Award of Contract CAG-26-020 for the Legacy Square Phase 3
Playground Equipment
3. Vouchers
4. Emerging Issues in Finance
CANCELED Planning & Development Committee, Chair Prince
6:00 p.m. Committee of the Whole, Chair Pérez
Location: Council Chambers/Videoconference
1. Renton Market/Pavillion & Piazza Update
7:00 p.m. Council Meeting
Location: Council Chambers/Videoconference
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1
SUBJECT/TITLE:Ordinance Declaring a Portion of An Existing Utility
Surplus, Authorizing its Partial Release, and Resolution
Setting a Public Hearing
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Free, Economic Development Director
EXT.: 7369
N/A
On November 26, 1979, City Council passed Ordinance No. 3378, vacating a portion of Tacoma
Ave NE, subject to a utility easement reserved in favor of the City. The easement encumbers two
parcels, King County Parcel Nos. 7791000050 and 7791000060. Jennifer M. Saechao is the current
owner of Parcel No. 7791000050 and would like to construct an accessory dwelling unit on their
property within a portion of the easement. The current owner has submitted a petition for release
of the portion of the easement within Parcel No. 7791000050 and has proposed an alternative
utility easement that will serve as a replacement easement. As part of the permitting process for
the accessory dwelling unit the replacement easement will be dedicated to the City at no cost for
the continued operation and maintenance of the utilities.
Staff recommends adoption of an ordinance declaring a portion of the easement surplus to the
City’s needs and authorizing its partial release, and adoption of a resolution setting a public
hearing on March 2, 2026, to consider the matter.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
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Exhibit C Statement of JusƟficaƟon | 3906 NE 17th ST, Renton, WA 98056 | APN 7791000050 Page 1 of 2
EXHIBIT C
STATEMENT OF JUSTIFICATION AND PUBLIC BENEFIT
This Exhibit provides the required justification for the requested release of the existing 25-foot
utility easement on the subject property and the accompanying request for a waiver of appraisal
and compensation. Both components are part of a single consolidated action and are evaluated
together in accordance with the City of Renton Easement Release Checklist.
1. Purpose of Easement Release
The existing 25-foot easement on the subject property, together with a matching 25-foot
easement on the adjoining parcel to the east, was established under the same 1979 right-of-way
vacation approved through Ordinance No. 3378. This action created a combined 50-foot-wide
utility corridor, centered on the shared property line.
The easement as situated on this property occupies approximately 25 feet measured westward
from the eastern property line. This width significantly exceeds modern utility access needs for
residential parcels and is not supported by any demonstrated operational requirement.
The property owner proposes that the City release the existing easement and accept a new 10-
foot easement, which is consistent with current City and industry utility standards and sufficient
for maintenance, repair, and future utility needs.
2. Public Benefit of the Easement Release and Replacement Easement
a. Adequate utility access fully preserved
The new 10-foot easement maintains full City rights to access, maintain, repair, or
expand utility facilities.
b. Correction of an oversized and outdated corridor
The 50-foot corridor created in 1979 was never reduced or redefined when the street was
vacated, resulting in an unnecessarily large easement burden on both properties.
c. Improved land-use efficiency
Releasing the oversized easement allows the property to be used more reasonably without
diminishing City access.
d. Supports City housing and infill goals
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Exhibit C Statement of JusƟficaƟon | 3906 NE 17th ST, Renton, WA 98056 | APN 7791000050 Page 2 of 2
The corrected easement boundary enables future construction of DADUs, advancing
Renton’s objectives for housing variety and infill development.
e. Long-term economic benefit
Site improvements enabled by this adjustment will result in increased property tax
revenues, utility fee revenues, and local economic activity.
3. Justification for Waiver of Appraisal and Compensation
a. The City was already compensated in 1979
As part of the right-of-way vacation under Ordinance No. 3378, the City received
compensation for the land area from which the easements were reserved. No new or
additional property interest is being transferred.
b. Replacement easement preserves all access rights
The new 10-foot easement maintains the full scope of utility access originally intended
under the 1979 ordinance.
c. Requiring new compensation would impose a duplicate charge
Since the City already received compensation for this property interest, requiring
additional payment now would be a duplicate charge and inequitable to the homeowner.
d. Public-benefit-oriented corrections should not impose undue financial burden
Given that the adjustment improves clarity, maintains full utility access, and supports
City policy goals, the waiver is reasonable, equitable, and consistent with administrative
easement corrections.
Conclusion
The proposed release of the existing 25-foot easement, the grant of a new 10-foot replacement
easement, and the request for waiver of appraisal and compensation together represent a fair,
reasonable, and publicly beneficial action. The adjustment maintains all necessary City access
while correcting an outdated easement width, improving land-use efficiency, and supporting
long-term community goals.
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A
PUBLIC HEARING DATE REGARDING DECLARING A PORTION OF AN
EXISTING UTILITY EASEMENT SURPLUS TO THE CITY’S NEEDS AND
AUTHORIZING PARTIAL RELEASE OF SAID EASEMENT.
WHEREAS, on November 26, 1979, City Council passed Ordinance No. 3378,
vacating a portion of Tacoma Ave NE, subject to a utility easement reserved in favor of the
City. The subject utility easement is partially located within King County Parcel No.
7791000050 (the “Easement”); and
WHEREAS, a petition was filed by the current owner of King County Parcel No.
7791000050, Jennifer M. Saechao, with the City Clerk on or about November 20, 2025,
pursuant to the requirements of RMC 9-1-1, petitioning for the partial release of the
Easement. The petition was signed by the owners of more than two‐thirds (2/3) of the
property affected by the portion of the Easement contained within King County Parcel No.
7791000050;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. That the 2nd day of March 2026, at the hour of 7:00 p.m., is hereby fixed
as the date and time for a public hearing to consider the above-mentioned petition.
SECTION II. The City Clerk is hereby authorized and directed to give notice of the time
and date of the public hearing as provided in RCW 35.94.040, including instructions on
accessing the hearing via Zoom, if applicable, and/or providing comment, and any and/or all
persons interested therein or objecting to partial release of the Easement may then appear
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RESOLUTION NO. ________
2
and be heard, or they may file their written objections with the City Clerk at or prior to the
time of public hearing.
SECTION III. After the close of the public hearing, the City Council shall determine
whether the portion of the Easement located within King County Parcel No. 7791000050 is
surplus to the City’s needs and if it is in the best interest of the public to be partially released.
PASSED BY THE CITY COUNCIL this day of , 2026.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES-CED:26RES001:01.29.2026
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DECLARING A
PORTION OF AN EXISTING UTILITY EASEMENT RESERVED BY ORDINANCE
NO. 3378 SURPLUS TO THE CITY’S NEEDS, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND RECORD WITH KING COUNTY A
PARTIAL RELEASE OF SAID EASEMENT, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 26, 1979, City Council passed Ordinance No. 3378,
vacating a portion of Tacoma Ave NE, subject to a utility easement reserved in favor of the
City (the “Easement”), attached hereto and incorporated by this reference as Exhibit A; and
WHEREAS, the Easement encumbers two parcels, King County Parcel Nos.
7791000050 and 7791000060. Jennifer M. Saechao (“Petitioner-Owner”) is the current
owner of Parcel No. 7791000050; and
WHEREAS, Petitioner-Owner would like to construct an accessory dwelling unit on
their property; and
WHEREAS, Petitioner-Owner has proposed an alternative utility easement that will
serve as a replacement easement as shown on Exhibit B, attached hereto and incorporated
by reference, which will be dedicated to the City at no cost for the continued operation and
maintenance of the utilities; and
WHEREAS, pursuant to requirements of Chapter 9-1 of the Renton Municipal Code
(“RMC”), on November 20, 2025, Petitioner-Owner filed a petition for partial release of the
easement (“Petition”) which was signed by owners of more than two-thirds (2/3) of the
property affected by the subject portion of the Easement contained within Parcel No.
7791000050; and
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ORDINANCE NO. ________
2
WHEREAS, the Petition included a request by the Petitioner-Owner that Council
waive any compensation, as the City was compensated at the time of the street vacation
and a new easement will be dedicated; and
WHEREAS, the Community and Economic Development Department (“CED”), in
coordination with other City Departments and in compliance with the City’s Policy &
Procedure #100-12 related to Surplus Real Property, has identified the portion of the
Easement contained within Parcel No. 7791000050 as surplus to the City’s needs; and
WHEREAS the City, after a news release and publication of a public notice for public
hearing, did hold on March 2, 2026, a public hearing in accordance with RCW 35.94.040 to
consider declaring the portion of the Easement contained within Parcel No. 7791000050
surplus to the City’s needs, and those members of the public who wished to testify were
duly allowed to testify and the testimony was considered by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION I. The facts and background of the Recitals are found to be accurate and
true for the purposes of this Ordinance.
SECTION II. Pursuant to RMC 9-1-4 the Easement is a Class A easement due to the
City’s expenditures to place and maintain a water line.
SECTION III. Pursuant to RMC 9-1-2.B Council hereby waives compensation for its
partial release as the City has previously been compensated, and affirms that the
processing fee identified in the City Fee Schedule is required.
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ORDINANCE NO. ________
3
SECTION IV. The portion of the Easement contained within Parcel No. 7791000050
is hereby declared surplus to the needs of the City, and it is in the best interests of the public
to release the Easement.
SECTION V. The Mayor and City Clerk are authorized to execute and record with King
County a partial release of easement in a form the same or similar to that in Exhibit C, herein
incorporated by this reference, along with a copy of this Ordinance.
SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
constitutionality of any other section, subsection, sentence, clause, phrase, or word of this
ordinance.
SECTION VII. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City's official newspaper. The summary
shall consist of this ordinance's title.
PASSED BY THE CITY COUNCIL this day of , 2026.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
__________________________
Armondo Pavone, Mayor
37 of 294
ORDINANCE NO. ________
4
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:26ORD001:02.02.2026
38 of 294
EXHIBIT A
Copy of recorded Ordinance No. 3378
39 of 294
COUNTY Of KIIV J } '""`---.--_
n ;
1,(,.j.. s:l_}..l`,Ciky C1erk in end,fflr t7 i, i y of,i nton,I'
VVasMngton, do hereby Cet h 'the for g9 g Ordinance ig a ue td,cor ect
a ,.,;.aopy of Or inanee No.__ .._,. .of tt4e Cit 4f Renfon, as i p2"r'S C rr fF
s; "in my atfiee, and do furth certffy that t se ie has bsen pi bshe#'aecordm
ta law. C
r. In Witness Wbereof f hq've Meram#a set rny twnd and affixed the sEal of the
r,ty of R,to, tn s-----:.r.----._aav o`_C,---1 R2 j.
CITY QF RENTOI, WAS c y ae k
r
flR.DINANCE NQ. .33Z..,
r;,
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTO i
a".
VACATING A PORTION F TACOMA AVENUE N.E. ,
VAC-17-79) VALI.Y INVE TMENT PRQPERTIES/
ROBERT C. OI SQN
WHEREAS a proper petition for vacating a portion of
Tacoma Avenue N .E. NoXth of N>,E . 17 h St. between Shelton
Or Avenue N.E. & Unian Ave. :d.E. , Renton, Ki g County, Washington,
t,C')
was duly filed with the Cit3r Cl.erk Qn- or laout August IS, 1g7,
0
N and said petition a ing been: sigr ed by a mers representing more
than two-thirds of the property abutting upon such street sought
to be vacat d; and
t JHEREAS tYie C?ty Council ay Resalution No, 2292 passed
and ap roved on August 27 , ZQ79 , and after due investigation,
did fix and determine the Ist day of ctober, L979,at the hour
P of $: QO P.M. in the Citq Couticil Chambers o he City of Renton
to be the tiine anc pl.ace for a publzc heazing , hereon, and the
City Clerk having given due notice af' such hearing in the manner
pravided by law, and a21 persons having been heard apge aring in
favor or in opposition thereto ; and
WHEREAS the Department o Public Works nd the Planning
Department of the Gity of Renton having duly consiaered said
petition for said vaeation, and having found same to be .n
the pu.blic interest and far the pub'1ic b en fit, and no it jury or
damage to any person or prop rties will result fxom such vacations ,
4W THEREFORE, TH CITY COUNCIL OF THE CITY OF RENT'ON ,
WASHINGTON, `D0 ORDAIN AS FOLLOW :
SECTIQN I : The following des ribed portion f street ,
to-wit .
See Exhibit -"A" attachec hereto and made a par.t
hereof as if full.y set forth herein
E AND THE SA." iS HEREBY VACATED . SUB.SECT o an easement over, across,
and under and Qn a11 0 tk e aforedes r.bed property 3.n`favor af the Ci y for
utility and re.ated purpases.
i L D 1 1 Li iJ l qt.:71 .. h -'} ,
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r'u.^,''G'f',;''..».. 1'
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Name....:c s./... .,... . I° ! ";
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40 of 294
SECTION II : The City Council hereby elects to charge
a fee of 51 , 203. 50 to Petitioner-Owners , said amount not exceeding
one-halt of the City' s appraisa], of the right-of-way interest
herein vacated, and such charge being reasonable and proper .
SECTION III : This Ordinance shall be effective upon its
passage , approval and five days after its publication.CT
O A certified copy af this Ordinance shall be filed with
the Office of Records and Elections , King County, and as otherwise
grovided by law.
PASSED BY THE CITY COUNCIL this 26th day of November, 1979 .
De ore s ea d `i y C er
APPROVED $Y THE MAYOR this 26th day of Notaember, 1979 .
s .x°•. w4t... Y. t:i1_'--..____.__.
Barbara Y. Shinpach, rlayor Pro tem
Approved as to form:
2 tJ'r,_.,..,..
Lawrence J. Wa ren, City Attorney
Date of Publication : November 30, 1979
Ordinance No. 3378 Page 2
41 of 294
1 ` .
4' Ord iiance No. 3378X!-4 i C3 1 i
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43 of 294
EXHIBIT B
Proposed Alternative Utility
Easement
44 of 294
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45 of 294
EXHIBIT C
Form of Partial Release of
Easement
46 of 294
Page 1 of 3
Return Address:
City Clerk’s Office
City of Renton
1055 South Grady Way
Renton, WA 98057
Partial Release of Easement Property Tax Parcel Number:
Project File #: Street Intersection:
Reference Number(s) of Documents assigned or released:
Additional reference numbers are on page _____.
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1.
2.
The Grantor, as the owner of an easement acquired from _________ _______
dated on ____________________ , recorded under King County Recording Number ____________________of King
County, State of Washington, over real property described below:
A _____________________________ easement encumbering the following described property:
The CITY OF RENTON does hereby release the portion of real property described in attached Exhibit A and depicted in
attached Exhibit B from the above described easement. The foregoing release shall not otherwise impair the rights of
the Grantor acquired under the above described easement, which rights shall remain in full force and effect.
IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and attested to by the City
Clerk this ____ day of ____________________, 20____.
MAYOR
CITY CLERK
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
___________________________________________ signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and
purposes mentioned in the instrument
_________________________________________________________________
Notary Public in and for the State of Washington
Notary (Print)____________________________________
My appointment expires:___________________________
Dated: _________________________________________
197912030596
7791000050
PRM-26-0029 Shelton Ave NE/NE 17th St
Jennifer M. Saechao
City of Renton Ordinance No. 3378
11/26/79 7912030596
utility
LOT 19, SIERRA TERRACE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL.
76 OF PLATS, PGS 53-54, RECORDS OF KING COUNTY, WA; TOGETHER WTIH THAT PTN OF VACATED
131ST AVE SE ADJOINING OR ABUTTING THEREON, VACATED BY ORDINACE NO. 3378, RECORDING
NO. 7912030596, EXCEPT ANY PTN LYING EAST OF THE CENTERLINE OF SAID 131ST AVE S
47 of 294
48 of 294
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1
SUBJECT/TITLE:Rooftop Site Lease Agreement - Cintas and RPD
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police
STAFF CONTACT: Michelle Canzano, Administrative Assistant to
Police
EXT.: 7507
$60.00, plus any applicable taxes and utilities, per month
Renton PD shall use the premises solely for the storage and limited testing/maintenance of drones
and related equipment approximately 500 square feet at 1001 SW 34th St, Renton, WA 98057.
To approve the lease with Cintas Corporation for $60.00 per month, plus any applicable taxes and utilities.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
50 of 294
ROOFTOP SITE LEASE AGREEMENT
BETWEEN CINTAS CORPORATION AND THE CITY OF RENTON
This Rooftop Site Lease Agreement (“Lease”) is made as of this 1st day of January
2026, (the “Effective Date”) by and between the City of Renton, a Washington municipal
corporation (the “City” or the “Tenant”), and Cintas Corporation No. 2, a Nevada corporation
(“Landlord”). The Landlord and Tenant are sometimes referred to in this Lease individually
as a “Party” or collectively as the “Parties.”
WHEREAS, the City is seeking to make use of infrastructure improvements that
benefit public safety; and
WHEREAS, the City may lease private property for municipal purposes under RCW
35A.11.010; and
WHEREAS, the Landlord owns certain improved real property located within the City
of Renton; and
WHEREAS, the City desires to lease a portion of the rooftop of such property for the
installation, storage, and operation of its public safety aviation equipment; and
WHEREAS, the Landlord is willing to lease such rooftop space to the City under the
terms set forth herein.
NOW THEREFORE, for valuable consideration, the sufficiency of which is
acknowledged, the Parties agree as follows:
1. LEASED PREMISES
1.1 Location of Premises: Landlord hereby leases to Tenant a portion of the roof top of
its building located at 1001 SW 34th ST, Renton, WA 98057 (tax parcel ID # 125381-
0260) (the “Building”) in the City of Renton, County of King, State of Washington, a
legal description of which is included in Exhibit A, which is attached hereto and
incorporated by this reference (the “Land”).
1.2 Dimensions of Premises: The portion of the rooftop leased to Tenant shall be as
located and outlined on the visual depiction attached hereto as Exhibit B, and shall
consist of approximately five hundred (500) square feet (hereinafter referred to as the
“Premises”). The Premises are not being leased based on an exact square footage.
The stated area of the Premises is approximated only and is given solely for
identification purposes. The rent and other charges due is not based upon the actual
area of the Premises. The Premises include only the rooftop area shown on Exhibit B;
no appurtenant rights are granted except as expressly provided in this Lease.
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2
1.3 Common Areas: Tenant shall have a non-exclusive right of access over interior
Building common areas reasonably necessary to access the Premises solely for the
purposes and during the times permitted under this Lease, together with space
reasonably necessary (as approved by Landlord in writing) for conduits and cabling
to the nearest utility connection point. No rooftop or Building penetrations or
anchoring are permitted without Landlord’s prior written approval.
2. USE OF THE PREMISES
2.1 Permitted Use: The Premises shall be used solely for the installation, operation,
maintenance, inspection, repair of the Tenant’s public safety aviation equipment
(“Equipment”), including, without limitation, electronic aviation devices, antennas,
radios, cameras, equipment shelters, conduits, power sources and connections
thereto, wireless internet infrastructure, and any necessary support structures,
consistent with Exhibit B.
2.2 Compliance and Permits: The Tenant, at its sole cost, shall obtain and maintain all
permits, licenses, and governmental approvals for the installation, operation, and
maintenance of the Tenant’s Equipment. The Tenant shall comply with all federal,
state, and local laws, ordinances, and regulations with respect to its use of the
Premises. Without limitation, Tenant shall comply with Federal Aviation
Administration rules and guidance (including 14 C.F.R. Part 107 or any applicable
Certificate of Waiver or Authorization) and airspace restrictions. Operations shall not
interfere with the Building or other occupants.
2.3 Rooftop Integrity: All work performed by the Tenant shall be done in a good and
workmanlike manner, in compliance with all applicable laws, manufacturer
specifications, and the requirements of Landlord’s roof warranty, and in a manner
that minimizes interference with Landlord’s operations. Landlord shall provide a
written copy containing the terms of Landlord’s roof warranty to Tenant prior to the
installation of any Equipment. Tenant shall be solely responsible, at Tenant’s cost and
expense, for ensuring that any and all penetrations of the roof deck or membrane are
properly sealed, and that Tenant’s installation, maintenance, operation, and removal
of Tenant’s Equipment do not void, impair, or otherwise adversely affect any existing
or future roof warranty. Tenant shall promptly repair, or cause to be repaired, to
Landlord’s satisfaction, any damage to the roof or Building caused by Tenant’s
Equipment or Tenant’s activities, including without limitation any leaks, structural
issues, or warranty impairments. If Tenant fails to make such repairs within a
reasonable time after notice from Landlord (or immediately in the event of an
52 of 294
3
emergency), Landlord may make such repairs on Tenant’s behalf, and Tenant shall
reimburse Landlord for costs incurred therefor.
2.4 Access: Tenant shall coordinate all access to the Premises with Landlord’s
designated representative. Tenant shall have access to the Premises solely for the
limited purpose of installing, inspecting, maintaining, repairing and removing
Tenant’s Equipment, and not for routine or continuous use. Except in the event of an
emergency, all rooftop access by Tenant shall be subject to Landlord’s prior written
approval and limited to the dates, times, and personnel approved by Landlord.
Landlord may require reasonable advance notice of any requested access and may
require that such access occur during normal business hours and/or under Landlord
supervision. All access shall be conducted in a manner that does not interfere with
or disrupt Landlord’s operations or any rooftop systems. Tenant shall comply with all
reasonable rooftop and Building access policies and procedures established by
Landlord from time to time.
2.5 Non-Interference: Landlord shall not knowingly install rooftop equipment that
would materially interfere with the normal operation of the Equipment; provided,
Landlord shall have no liability for interference caused by third parties or existing
conditions. Notwithstanding the foregoing, Landlord shall not be responsible for
interference caused by equipment or activities of third parties not under Landlord’s
control, or by conditions existing as of the Effective Date. In the event Tenant
reasonably determines that material interference is occurring, the Parties shall
cooperate in good faith to promptly identify the source of such interference and to
use commercially reasonable efforts to eliminate or mitigate the interference.
Landlord shall not be required to take any action that would materially impair the
Building, violate applicable law, or interfere with Landlord’s operations. If unresolved
within thirty (30) days after notice (as extended while mitigation is diligently pursued),
Landlord may, in its discretion, relocate Tenant within the rooftop or terminate this
Lease without liability.
3. TERM
3.1 Term : This Lease shall commence on January 1, 2026 (“Commencement Date”), and
shall continue for five (5) years (the “Initial Term”). Unless either Party provides written
notice of its intent not to renew at least sixty (60) days prior to the expiration of the
Initial Term, this Lease shall automatically convert to a month-to-month tenancy
upon the same terms and conditions set forth herein, except as otherwise expressly
provided, and may thereafter be terminated by either Party upon sixty (60) days’ prior
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4
written notice. For avoidance of doubt, the termination option shall apply only to the
month-to-month tenancy after the Initial Term has expired.
3.2 Termination: Tenant may terminate this Lease during the Initial Term upon not less
than sixty (60) days’ prior written notice to Landlord if Tenant determines in good faith
that continued use of the Premises is no longer necessary or appropriate for Tenant’s
public purposes. Upon any termination, Tenant shall remain liable for all rent accrued
through the effective date of termination and shall remove Tenant’s Equipment and
restore the Premises in accordance with this Lease.
3.3 Default. Either Party may terminate this Lease upon written notice if the other Party
breaches any material term or condition of this Lease and fails to cure such breach
within thirty (30) days of receiving written notice thereof.
4. RENT, TAXES & UTILITIES
4.1 Monthly Rent: Tenant shall pay a monthly rental amount of $60.00, plus any
applicable taxes and utilities, as described herein. Payment shall be due on the first
day of each and every month during the term hereof, or paid annually on January 1st
until such point that this Lease is terminated, and subject to a five (5) day grace
period. Tenant shall remit such payment to Landlord at 1001 SW 34th St., Renton, WA
98057, Attn: General Manager, unless agreed otherwise in writing.
4.2 Taxes : Tenant (The City) is an exempt municipal corporation and is not subject to
state or local real property taxes. However, Tenant shall be responsible for all taxes,
assessments, and governmental charges, including any Possessory Interest Tax,
levied or assessed against the Tenant’s leasehold interest in the Premises or the
Tenant’s personal property and equipment located thereon. Tenant shall also be
responsible for any rental or use taxes applicable to rent and charges payable
hereunder.
4.3 Utilities: Tenant agrees to reimburse Landlord for any and all utility costs incurred by
Landlord as a result of Tenant’s use of or maintenance upon the Premises, unless the
Parties agree otherwise in writing that Tenant will pay the utilities directly. Utilities
may include use of additional facilities necessary to connect the Tenant’s Equipment
to the internet and electricity. Backup power systems may be installed with
Landlord’s approval and must comply with applicable regulations.
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5
5. LIABILITY & INSURANCE
5.1 Indemnification: To the extent permitted by applicable law, each Party (the
“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party (the
“Indemnified Party”), and its respective officers, employees, agents, and contractors,
from and against any third-party claims, demands, causes of action, damages,
losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising
out of or resulting from the negligent acts or omissions or willful misconduct of the
Indemnifying Party or its officers, employees, agents, or contractors with this Lease.
Notwithstanding the foregoing, the Indemnifying Party shall have no obligation to
indemnify or defend the Indemnified Party for any claims arising out of the sole
negligence or willful misconduct of the Indemnified Party. In the event of concurrent
negligence, each Party shall be responsible for its proportionate share of fault.
Nothing in this Section shall be deemed to waive or limit any statutory defenses,
immunities, or limitations of liability available to Tenant as a municipal entity under
applicable law.
The obligations set forth in this Section shall survive the expiration or earlier
termination of this Lease with respect to claims arising from events occurring prior to
such expiration or termination.
5.2 Insurance: At all times throughout the course of its tenancy, Tenant shall maintain a
Commercial General Liability Insurance policy in an amount not less than $1,000,000
per occurrence for bodily injury and property damage, listing the Landlord as an
additional insured. The Tenant shall provide Landlord with a certificate of insurance
upon the Effective Date of this Lease, and annually thereafter upon request.
5.3 Hazardous Materials: Landlord warrants that, to its knowledge, no hazardous
substance, toxic waste, or other toxic substance has been produced, disposed of, or
is or has been kept on the Premises hereby leased which would subject the Tenant or
its agents to any damages, penalty, or liability under any applicable local, state, or
federal law or regulation.
Tenant shall not cause or permit the use, storage, release, or disposal of any
Hazardous Materials on, under, or about the Premises without Landlord’s prior
written consent and in strict compliance with all applicable Environmental Laws.
Tenant shall be solely responsible for any violation of such laws arising from its
operations or activities.
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5.4 Attorney’s Fees: In the event that either Party commences litigation or arbitration
proceedings against the other Party arising out of the performance or alleged breach
of this Lease, each Party shall be responsible for its own costs, including any
reasonable attorneys’ fees incurred, relating to such litigation, including those
incurred in the event of any appeal.
5.5 Landlord’s Use; Assumption of Risk: Tenant acknowledges and agrees that
Landlord’s normal operations at and within the Building and the Land may generate
and discharge lint, dust, fibers, and similar airborne materials (“Lint”), which may be
released into the atmosphere and may settle on or otherwise affect the roof of the
Building and the Premises. Tenant further acknowledges that the presence and
discharge of Lint is a normal and ongoing condition of the Land and is not a defect or
nuisance. Tenant assumes all risk of any damage to Tenant’s Equipment, drones,
materials, or operations arising out of or related to the presence, accumulation, or
discharge of Lint, regardless of whether such Lint is continuous or intermittent.
Landlord shall have no responsibility or liability whatsoever for any loss, damage,
interference, or operational disruption suffered by Tenant or any third party arising
from or related to the discharge, migration, or accumulation of Lint. Tenant
acknowledges that the Premises are accepted “AS IS,” with all faults, and that the
existence of Lint shall not give rise to any claim for damages or other relief against the
Landlord.
6. MAINTENANCE & REMOVAL
6.1 Maintenance: Except as otherwise provided herein, Landlord is responsible for
security, repair, and maintenance of the Premises. The Parties will work together to
ensure the Premises remains in good repair, cleanliness, and condition throughout
the term of this Lease.
6.2 Removal upon Expiration or Termination. Upon the expiration or earlier termination
of this Lease, Tenant shall promptly remove its Equipment and restore the Premises
to their original condition, except for reasonable wear and tear and any modifications
made after written approval of Landlord.
7. ASSIGNMENT & SUBLETTING
7.1. Assignment & Subletting: This Lease and the rights, duties, and obligations given
hereunder may not be subleased, assigned, transferred, or otherwise conveyed by
the Tenant, without the prior written consent of the Landlord.
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8. MISCELLANEOUS PROVISIONS
8.1. Governing Law: This Lease shall be governed and construed by the laws of the State
of Washington, King County, and the City of Renton, as well as any applicable federal
laws and/or regulations.
8.2 Jurisdiction & Venue: Any court action filed by either Party arising out of or relating
to this Lease shall be filed in King County Superior Court, except as to matters which
are exclusively within the jurisdiction of the United States Federal Court of the United
States, and as to such matters, the proper venue shall be in the Western District of
the United States District Court at Seattle, Washington.
8.3 Notices. Any notice required or permitted herein shall be in writing and deemed
effective upon: (a) delivery when hand-delivered; (b) three (3) business days after
deposit in the United States Mail, certified, return receipt requested; or (c) by email
with acknowledgment of receipt. All notices shall be addressed as follows:
To Landlord:
Cintas Corporation No. 2
1001 SW 34th St.
Renton, WA 98057
Attn: General Manager
With copy to:
Cintas Corporation
6800 Cintas BLVD
Mason, OH 45040
Attn: Cindy King, Real Estate Administrator
KingC@cintas.com
To Tenant:
City of Renton
Attn: Chief of Police
1055 South Grady Way
Renton, WA 98057
jschuldt@rentonwa.gov
The Landlord and Tenant may designate other such contact persons and/or
addresses from time to time by written agreement.
8.4 No Duty: The Parties acknowledge and agree that their relationship under this
Agreement is solely contractual in nature. Nothing in this Agreement shall be
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construed to create any fiduciary duty or any other special relationship between the
Parties. Each Party disclaims any obligation to act in the interest of the other Party
beyond the specific duties set forth in this Agreement.
8.5 Entire Agreement: This Lease contains the entire agreement between the Parties
and, in executing it, neither Landlord nor Tenant relies upon any statement, promise,
or representation, whether oral or written, not expressed herein.
8.6 No Waiver of Rights: The failure of either Party at any time to require performance of
any provision of this Agreement shall not affect the right of such Party to require
performance at any time thereafter, nor shall the waiver by either Party of a breach of
any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision of this Agreement. Any waiver must be in writing and
signed by the waiving Party.
8.7 Force Majeure: Neither Party shall be liable for any failure or delay in the
performance of its obligations under this Lease (except for the payment of rent or
other monetary obligations) due to causes beyond its reasonable control, including
but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor
disputes, pandemics, governmental orders, or supply chain disruptions (“Force
Majeure Event”). The affected Party shall promptly notify the other Party in writing of
the occurrence of a Force Majeure Event and shall use reasonable efforts to resume
performance as soon as practicable. The time for performance shall be extended for
a period equal to the duration of the Force Majeure Event.
8.8 Signing Authority: By signing below, each Party represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to execute this
Agreement and to bind such Party to the terms and conditions herein. Each Party
further acknowledges that it has obtained all necessary approvals, consents, and
authorizations to enter into and perform its obligations under this Agreement.
[Remainder of page intentionally blank. Signatures follow.]
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IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date.
TENANT – CITY OF RENTON
By: ________________________________
Name:
Title:
Date:
APPROVED AS TO FORM:
By: ________________________________
Name:
City Attorney
LANDLORD
CINTAS CORPORATION NO. 2,
a Nevada corporation
By: __________________________________
Name:
Title:
Date:
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EXHIBIT A
Legal Description of the Property
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EXHIBIT B
Depiction of the Premises
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C:\PGCompilerServiceRelease\temp\renton\MeetingId_98\Packet\Docx\1243\199\1.docx
CITY COUNCIL REGULAR MEETING – February 9, 2026
SUBJECT/TITLE:Project Acceptance: CAG-22-237 with Reynolds General Contracting Inc.
for the 243 Airport Office Renovation Project
RECOMMENDED ACTION:Council Concur
DEPARTMENT:Public Works/Airport Division
STAFF CONTACT:William Adams/ Principal Engineer - Airport
EXT.:206-775-6862
FISCAL IMPACT SUMMARY:
The original contract amount was $679,800, and the final project cost was $1,016,646.76. The project
construction cost ($1,016,646.76) was funded through the approved 2022 Capital Improvement Program
budget (422.725082). The main contributor for the escalated costs were the HAZMAT remediation throughout
and repair that was unforeseen prior to demolishing the interior walls and ceiling.
SUMMARY OF ACTION:
The 243 Office Renovation Project was awarded to Reynolds General Contracting Inc. on December 29, 2022.
Physical completion of all required work items was granted on December 8, 2025.
The project consisted of renovating the vacant 243 Building at the Renton Municipal Airport for the new
Airport Administrative Office.
The contractor completed all the improvements to the satisfaction of the city. The contractor will not receive
clearance from the state Department of Revenue, Labor and Industries and the Employment Security
Department until after the city submits the project acceptance. The retainage bond will not be released until
clearance from these three state agencies is received.
EXHIBITS
A.CAG-22-237_Notice of Completion of Public Works Contract
B.CAG-22-237_Affidavit of Wages Paid
C.CAG-22-237_Final Contract Voucher Certificate
STAFF RECOMMENDATION:
Accept the 243 Office Renovation Project with Reynolds General Contracting Inc. and authorize release of the
retainage bond after 60 days once all the required releases from the state have been obtained.
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Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
4
December 11, 2025 603189118
Renton Municipal Airport
616 W Perimeter Road
Renton WA, 98057
Airport Office Renovation CAG-22-237 4
Renovate Existing Office space at 243 W Perimeter Rd
4
Reynolds General Contracting 1482591
15333 NE 90th St. Redmond WA 98052 206-348-9310
4
Swiss Re Cosporate Solutions America Insurance Corporatio 2338664
12/29/2022 01/12/2023 12/8/2025 12/8/2025
4 4
618,000.00
312,384.00
7,759.99
922,624.01
1,016,646.76
10.3
94022.75
1,016,646.76 1,016,646.76
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Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
Associated Finishes 601 875 770 1325054
Blue Star Welding LLC 602 126 139 1311896
Caliber Concrete Const Inc 601 156 625 1367928
Calli Denney Construction LLC 604 638 598 1275331
Custom Source Woodworking Inc 602 725 366 1314232
Evergreen Concrete Cutting Inc 601 605 667 1309509
Great Floors 602 049 236 1356382
Intech Floor Services 603 612 438 1300086
Jensen Electric LLC 604 470 895 1422484
Jensen Electrical Serv LLC 605 295 125 1379631
Kiel Mechanical LLC 604 730 285 1245315
Kiel Mechanical LLC 604 730 285 1318817
Northwest Materials/Slvg Srvc Inc 601 407 054 1212133
Sebastian GC Inc 604 890 337 129241
Ski's Painting Inc 601 128 408 1329217
Ski's Painting Inc 601 128 408 1293191
Spectra Contract Flooring 601 797 099 1309713
Washington Marble Works Inc 601 660 832 1313379
Intech Floor Services
Puget Sound Flrng & Dsgns LLC
Puget Sound Flrng & Dsgns LLC
Entrance Controls
Glacier Northwest DBA Calportland
603 612 438
603 258 979
603 258 979
602 749 306
601 301 145
1300120
1411535
1356722
1433958
1303835
1309651Anderson Flooring LLC 604 264 524
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Printed on 12/22/2025
Affidavit: 1482591 Approved Date 12/9/2025
Intent: 1 2 9 4 0 7 5
REYNOLDS GENERAL CONTRNG INC
15333 NE 90th Street #130,Redmond,WA 9 8 0 5 2
l i s a @ r e y n o l d s g c .c o m
2 0 6 -3 4 8 -9 3 1 0
UBI
6 0 3 1 8 9 1 1 8
REGISTRATION
R E Y N O G C 8 8 3 J E
WORKERS’ COMPENSATION
2 3 4 ,7 3 8 -0 0
Affidavit Details
Filed by: Reynolds, Lisa Received Date: 12/9/2025
Job work performed:2 /1 /2 0 2 3 –4 /3 0 /2 0 2 4
Contract amount:$1 ,0 1 5 ,9 0 2 .4 6
Work was performed in the following places:
Cities: Renton
Counties: King
Performed work on the project:
Employees: No
Subcontractors: Yes
Owner/operators owning 30% or more of the company: Yes
Brian Reynolds— Carpenters
Apprentices: No
Active OMWBE certification existed when this Intent was submitted on 12/9/2025: No
Affidavit Subcontractor(s)
Company Name UBI Registration
BLUE STAR WELDING LLC 602 126 139 BLUESSW921RJ
CALIBER CONCRETE CONST INC 601 156 625 CALIBCC115CA
CALLI DENNEY CONSTRUCTION
LLC
604 638 598 CALLIDC790N3 66 of 294
CUSTOM SOURCE
WOODWORKING INC
602 725 366 CUSTOSW931NM
EVERGREEN CONCRETE CUTTING
INC
601 605 667 EVERGCC945CP
GREAT FLOORS 602 049 236 GREATF*955D4
INTECH FLOOR SERVICES 603 612 438 INTECFS843KS
JENSEN ELECTRICAL SERV LLC 605 295 125 JENSEES774OR
Jensen Electric LLC 604 470 895 JENSEEL810OA
KIEL MECHANICAL LLC 604 730 285 KIELMML795Q3
NORTHWEST METALS/SLVG SRVC
INC
601 407 054 NORTHMS075LW
REYNOLDS GENERAL CONTRNG
INC
603 189 118 REYNOGC883JE
SEBASTIAN GC INC 604 890 337 SEBASGI781JR
SKI'S PAINTING INC 601 128 408 SKISPI*118PA
SPECTRA CONTRACT FLOORING 601 797 099 SPECTCF972MJ
Project Details
Project Name: Airport Office Renovation
Project Address: 243 W. Perimeter Rd. Renton, WA 98057
Project Description: The Project consists of the following: a. Demolition of selected architectural features, electrical
systems and plumbing systems. b. Clearing and grubbing to accommodate permanent improvements. c. Replacement
of existing exterior windows and doors noted in plans. d. Renovation of the administrative offices. e. Relocation of City
and Renton IT Servers. f. And all other work as defined in the Contract Documents.
Contract#: CAG-22-237
Contract Type: Bid-Build (Traditional)
Total Contract Amount: $6 8 0 ,4 1 8 .0 0
Bid Due Date: 11/14/2022
Awarded Date: 12/29/2022
Requirements and Restrictions:
Apprenticeship Utilization: No
Awarding Agency
RENTON, CITY OF
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1055 S GRADY WAY RENTON, WA - 98055
William Adams,2 0 6 -7 7 5 -6 8 6 2
Prime Contractor Prime Intent: 1294075
REYNOLDS GENERAL CONTRNG INC
2 0 6 -3 4 8 -9 3 1 0
UBI
6 0 3 1 8 9 1 1 8
REGISTRATION
R E Y N O G C 8 8 3 J E
Public Notes
None.
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1
SUBJECT/TITLE:Williams Ave South and Wells Ave South Conversion Project
Budget Adjustment
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works
STAFF CONTACT: Martin Pastucha, PW Administrator
EXT.: 7311
Public Works and City Attorney’s staff engaged in mediation with representatives from Cascade
Construction to reach a settlement of outstanding claims associated with the Wells and Williams
Construction Project. The result of the mediation was a Settlement Agreement and Release with Cascade
Civil Construction LLC in the amount of $590,000 plus applicable sales tax of $12, 390, for a total of
$602,390. Prior to the mediated settlement, the City and Cascade Agreed upon several claim items that were
paid in a contract payment on January 15, 2026 in the amount of $304,825.95. Staff is requesting the City
Council approve a budget adjustment into account 003.000000.015.542.96.41.000 in the amount of
$1,000,000 in order to fully cover all project related costs related to the Williams Avenue South and Wells
Avenue South Conversion Project.
Additional costs in 2025 and 2026 will be funded by the transportation operating budget and have also
included consultants assisting with closing out the construction contract. Outside legal counsel, Perkins
Coie, costs in 2025 and 2026 totaled in the amount of $23,856, with approximately $37,000 remaining in their
contract. Construction management services with Perteet Inc in 2025 and 2026 totaled in the amount of
$91,787, with approximately $8,000 remaining in their contract. Outstanding payments to BNSF were also
made in 2025 in the amount of $3,808. Cascade Civil provided redlines of construction drawings in 2025,
which will need consolidation with change orders into record drawings.
003 Accrued Costs 2025 / 2026 / Future
Settlement Agreement – Cascade Civil $ 602,390
Final Progress Payment #30 – Cascade Civil $ 304,826
Legal – Perkins Coie, incl Future Supplement $ 160,452
Construction Management Support – Perteet Inc.$ 99,677
BNSF Payments $ 3,808
Record Drawings $ 50,000
Other - TBD $ 28,847
$1,250,000.00
The Williams Avenue South and Wells Avenue South Conversion Project Construction Contract CAG-20-001
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
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2
with Cascade Civil Construction LLC (“Cascade”) was executed on March 16, 2020, for $7,733,422.80. The
project has executed 66 change orders and currently has paid Cascade $10,424,543.61, including additional
work to signalize the BNSF crossings at the Williams Ave S and Wells Ave S crossings.
The Williams Avenue South and Wells Avenue South Conversion Project converted these streets from one-
way to two-way operation from South Grady Way to North 1st Street. The project also included
reconstructing four downtown intersections to raised concrete intersections with new traffic signals. The
project also upgraded and replaced City water, sewer, and storm utilities throughout the project limits. The
project also installed utilities under the BNSF railroad tracks to support upgraded BNSF railroad crossing for
two-way street operations.
Project construction was substantially completed in 2022. However, since 2022, the City and Cascade have
been working to resolve Cascade’s dispute and claims regarding payments. City Public Works and City
Attorney representatives and Cascade reached a mediated settlement agreement on January 28, 2026, for
$602,390.
City Council Authorize the Mayor and city clerk to execute the Settlement Agreement and Release with
Cascade Civil Construction LLC in the amount of $602,390. City Council approve the budget adjustment
into account 003.000000.015.542.96.41.000 in the amount of $1,250,000 in order to fully cover all 2025
and 2026 project related costs for the Williams Avenue South and Wells Avenue South Conversion Project.
STAFF RECOMMENDATION
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CONSULTANT CONTRACT RECORD
Project Name:Wells Avenue and Williams Ave Conversion Project
Project Manager:Keith Woolley Division:TRANSPORTATION SYSTEMS
Consultant:Perkins Coie LLP
CODING BLOCK
FUND # JOB # ACCOUNT # Work Order FUNCTION #
t12908 003.000000.015.542.96.41.000
CONTRACT BLOCK
CAG-24-092
DOCUMENT DATE DESCRIPTION AMOUNT TOTAL
04/12/2024 $35,000.00 $35,000.00
06/07/2024 $30,000.00 $65,000.00
07/23/2024 $35,000.00 $100,000.00
10/08/2025 $49,500.00 $149,500.00
12/?
.
PAYMENT BLOCK
BILL # INVOICE # INVOICE PAYMENT INVOICE AMOUNT PAID TO DATE % Paid
DATE DATE to Date
1 7029759 05/16/2024 $11,956.95 8
2 7044353 06/12/2024 $3,814.59 11
3 7059424 07/09/2024 $21,296.72 25
4 7078769 08/14/2024 $14,597.60 35
5 7098051 09/19/2024 $11,087.64 42
6 7110152 10/07/2024 $12,454.45 50
7 7126472 11/07/2024 $9,328.75 57
8 7145213 12/10/2024 $1,878.50 58
9 7157777 01/07/2025 $2,632.87 60
10 7179042 02/21/2025 $748.00 60
11 7202869 03/31/2025 $1,927.37 61
12 7217969 04/30/2025 $361.25 62
13 7250836 07/16/2025 $1,228.25 62
14 7268197 08/26/2025 $2,409.75 64
15 7277466 09/12/2025 $505.75 64
16 7291442 10/14/2025 $4,186.25 67
17 7304677 11/14/2025 $9,147.12 73
18 7318324 12/09/2025 $3,342.62 76
Pay This Amount $3,342.62
Total Paid to Date: $112,904.43
Remaining Balance: $36,595.57
Supplement #4 Time Extension
$112,904.43
Supplement #1
Supplement #3 Add'l Legal Services
$100,414.69
$89,796.07
Total $149,500.00
$92,084.69
$15,771.54
$84,536.70
Original Contract
$91,723.44
$51,665.86
$37,068.26
$89,048.07
Add'l Legal ServicesSupplement #2
$109,561.81
$96,228.44
$93,312.94
$86,415.20
Legal Services
$75,207.95
Audit Services
$95,722.69
$62,753.50
$11,956.95
Page 1
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1301 Second Avenue, Suite 4200
Seattle, Washington 98101
Phone: 206.359.8000
Email: clientacct@perkinscoie.com
Accounting: 206.359.3143
Fax: 206.359.9000
INFORMATION MAY BE SUBJECT TO CLIENT ATTORNEY AND/OR ATTORNEY WORK PRODUCT PRIVILEGE
REMITTANCE INSTRUCTIONS
Payment Due in USD Currency
Tax Identification Number: 91-0591206
Please identify your payment with the following: Perkins Coie Account No. 130488 and Invoice 7318324
CHECKS:
Perkins Coie LLP
Attn: Client Accounting
PO Box 24643
Seattle, WA 98124-0643
ACH / WIRE TRANSFERS IN USD:
Bank: US Bank
1420 Fifth Avenue
Seattle, WA 98101
ABA # 125000105
Swift Code # US BK US 44I MT
Account Name: Perkins Coie LLP
Account Number: 1 535 5592 1235
ELECTRONIC PAYMENT OPTIONS:
https://paywithtranch.com/perkinscoie
Electronic Payments: On our online portal we accept credit cards payment up to $50,000 and real-time electronic bank payments.
Client Privacy. We collect or receive personal data in the ordinary course of providing legal services to you, including the personal data of your employees. For more
information about how we collect, use, and disclose personal data in connection with our legal representation of clients, please review our Privacy Policy at
https://www.perkinscoie.com/en/privacy-policy.html.
After 30 days, a monthly late charge of 1% per month from the invoice date (or such lower rate as required by applicable law) will be due. Should a collection action or
proceeding be necessary, attorneys' fees and costs for such collection effort will also be due.
City of Renton
Attn: Cheryl L. Beyer
EMAIL INVOICES TO: cbeyer@rentonwa.gov
CC: kwoolley@Rentonwa.gov
1055 S. Grady Way
Renton, WA 98057
Invoice No.
Matter No.
Bill Date
Due Date
7318324
130488.0004
December 9, 2025
January 8, 2026
INVOICE SUMMARY
Re:130488.0004 / Renton Road Project
Client Matter ID: CAG-24-092
For Professional Services rendered through November 30, 2025
Services $3,932.50
Less (15.00)% Discount ($589.88)
Total Services $3,342.62
Total Invoice Amount $3,342.62
003.000000.015.542.96.41.000 - $ 3,342.62
12/11/2025
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Invoice No. 7318324
City of Renton
130488.0004 / Renton Road Project
Client Matter ID: CAG-24-092
Page 2
Professional Services through 11/30/2025
Date Attorney / Assistant Description of Service Hours
11/20/2025 A. Greene Emails regarding mediation preparation and Board approval matters;0.30
11/22/2025 B. Pardue Draft mediation letter; confer with team regarding same; legal research in
support of same; review underlying correspondence, contracts, and other
relevant documents in support of same;
0.60
11/24/2025 B. Pardue Work on public and private mediation letters; review underlying
correspondence, demand packages, contracts, and other relevant documents
in support of same; confer with team regarding same;
1.30
11/26/2025 A. Greene Emails regarding finalization of change orders with Cascade Civil;0.20
11/26/2025 B. Pardue Draft risk assessment analysis and memorandum; review claim documents,
correspondence, and other supporting documents in support of same;
research and document review in support of mediation memorandum;
2.30
11/27/2025 B. Pardue Review Cascade's claims documents in support of risk assessment and
mediation memoranda; draft memorandum in support of same;
0.50
11/28/2025 B. Pardue Draft public and private mediation letters;0.40
11/29/2025 B. Pardue Draft public and private mediation letters; confer with team regarding
same; review claim letters, correspondence, contracts, and other underlying
documents in support of same;
1.00
Total 6.60
Services
$3,932.50
Less (15.00)% Discount
($589.88)
Total Services
$3,342.62
Total Invoice Amount
$3,342.62
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CONSULTANT CONTRACT RECORD
Project Name:Wells Avenue and Williams Ave Conversion Project
Project Manager:Keith Woolley Division:TRANSPORTATION SYSTEMS
Consultant:Perteet Inc.
CODING BLOCK
FUND # JOB # ACCOUNT # Work Order FUNCTION #
t12908 003.000000.015.542.96.41.000
CONTRACT BLOCK
CAG-20-127
DOCUMENT DATE DESCRIPTION AMOUNT TOTAL
06/15/2020 $1,539,857.84 $1,539,857.84
07/20/2020 $1,539,857.84
$39,192.17 $1,579,050.01
$1,579,050.01
01/19/2022 $1,579,050.01
04/20/2022 $94,381.66 $1,673,431.67
09/29/2022 $99,406.06 $1,772,837.73
06/21/2023 $51,316.16 $1,824,153.89
01/02/2024 $1,824,153.89
$99,028.53 $1,923,182.42
$1,923,182.42
03/10/2025 $99,677.34 $2,022,859.76
.
PAYMENT BLOCK
BILL # INVOICE # INVOICE PAYMENT INVOICE AMOUNT PAID TO DATE % Paid
DATE DATE to Date
1 20180253.100-1 07/16/2020 $104,364.29 5
2 20180253.100-2 08/28/2020 $89,951.25 10
3 20180253.100-3 09/10/2020 $78,366.47 13
4 20180253.100-4 10/12/2020 $78,475.27 17
5 20180253.100-5 11/09/2020 $100,273.06 22
6 20180253.100-6 12/08/2020 $84,036.69 26
7 20180253.100-7 01/12/2021 $79,645.13 30
8 20180253.0100-8 02/11/2021 $73,121.33 34
9 20180253.0100-9 03/09/2021 $80,853.92 38
10 20180253.0100-10 04/09/2021 $95,384.02 43
11 20180253.0100-11 05/12/2021 $82,083.29 47
12 20180253.0100-12 06/07/2021 $85,530.60 51
13 20180253.0100-13 07/14/2021 $99,975.45 56
14 20180253.0100-14 08/10/2021 $74,621.02 60
15 20180253.0100-15 09/02/2021 $72,808.74 63
16 20180253.0100-16 10/14/2021 $73,701.78 67
17 20180253.0100-17 11/16/2021 $52,785.84 70
18 20180253.0100-18 12/09/2021 $44,629.24 72
19 20180253.0100-19 02/07/2022 $97,245.97 77
20 20180253.0100-20 05/10/2022 $115,528.50 82
21 20180253.0100-21 07/14/2022 $8,810.23 83
22 20180253.0100-22 10/13/2022 $65,764.01 86
23 20180253.0100-23 11/09/2022 $20,579.71 87
24 20180253.0100-24 12/07/2022 $13,072.30 88
25 20180253.0100-25 07/11/2023 $23,559.02 89
26 20180253.0100-26 09/08/2023 $2,839.13 89
27 20180253.0100-27 11/22/2023 $729.94 89
28 20180253.0100-28 12/05/2023 $1,377.56 89
29 20180253.0100-29 01/09/2024 $2,318.30 89
30 20180253.0100-30 03/12/2024 $1,721.46 89
31 20180253.0100-31 04/12/2024 $6,657.07 90
32 20180253.0100-32 05/17/2024 $13,336.51 90
33 20180253.0100-33 08/14/2024 $44,070.49 92
34 20180253.0100-34 10/10/2024 $25,417.90 94
35 20180253.0100-35 11/13/2024 $5,652.02 94
36 20180253.0100-36 12/13/2024 $18,640.09 95
37 20180253.0100-37 01/09/2025 $5,254.82 95
38 20180253.0100-38 03/24/2025 $7,504.40 95
39 20180253.0100-39 04/09/2025 $3,526.77 96
40 20180253.0100-40 05/14/2025 $9,581.82 96
41 20180253.0100-41 06/06/2025 $13,255.85 97
42 20180253.0100-42 07/08/2025 $2,553.97 97
43 20180253.0100-43 08/08/2025 $18,556.17 98
44 20180253.0100-44 09/08/2025 $7,608.76 98
45 20180253.0100-45 10/10/2025 $3,403.83 98
46 20180253.0100-46 11/12/2025 $16,350.53 99
47 20180253.0100-47 12/10/2025 $8,640.10 100
48 20180253.0100-48 01/08/2026 $804.51 100
Pay This Amount $804.51
Total Paid to Date: $2,014,969.13
Remaining Balance: $7,890.63
$2,014,969.13
$2,005,524.52
$1,978,161.40
$1,798,736.20
$1,737,956.10
$1,802,432.06
$1,771,608.11
$1,989,173.99
$1,959,605.23
$1,934,213.59
$1,923,182.42
$1,824,147.10
$1,132,060.77
$1,810,810.59
$1,804,153.52
$1,917,927.60
$1,893,635.49
$1,798,006.26
$1,758,535.81
Total
$1,206,681.79
$1,032,085.32
$864,471.43
$104,364.29
$351,157.28
Original Contract
Supplement #6
Sub to Prime (No Change)Supplement #1
Supplement #10 Time Extension
Supplement #3
Add'l CM due to change orders
CM Services (Full Contract)
Add'l CM due to project time extensions
$1,405,978.15
$1,450,607.39
$1,547,853.36
$1,672,192.09
$2,022,859.76
$451,430.34
$535,467.03
$1,899,287.51
$1,800,113.76
Houser RR Extra Work
Revise ICRs and Hourly Rates
Release Management Reserve
Supplement #2
Supplement #11 Add'l CM due to Contractor Claim
ICR UpdateSupplement #8
Supplement #9 Add'l CM due to Contractor Claim
Supplement #4
$1,353,192.31
$194,315.54
$615,112.16
$1,279,490.53
Supplement #5
Add'l CM due to project time extensionsSupplement #7
$946,554.72
$769,087.41
$2,014,164.62
$1,985,770.16
$1,663,381.86
$272,682.01
$1,957,051.26
$1,943,795.41
$1,930,686.82
$688,233.49
$1,795,167.13
$1,868,217.59
Page 1
96 of 294
Keith Woolley
City of Renton
City Hall, 5th Floor
1055 South Grady Way
Renton, WA 98057
January 06, 2026
Invoice No:20180253.0100 - 48
P.O. Box 1186
Everett, WA 98206-1186
(425) 252-7700
Project 20180253.0100 Williams Ave S & Wells Ave S Conversion Project Construction Management
Services
CAG-20-127
Professional Services through December 31, 2025
Task 5
Professional Personnel
Hours Rate Amount
Principal
Kutsal, Rahmi 1.00 140.00 140.00
Senior Construction Manager
Howe, Jordan 1.00 84.00 84.00
Accountant
Swanson, Abi .50 61.95 30.98
Totals 2.50 254.98
Total Labor 254.98
Overhead @ 185.52% of Total Labor 185.52 % of 254.98 473.04
Fee @ 30% of Total Labor 30.00 % of 254.98 76.49
Total Additional Fees 549.53 549.53
$804.51Total this Task
Billing Limits Current Prior To-Date
Total Billings 804.51 2,014,164.62 2,014,969.13
Limit 2,022,859.76
Remaining 7,890.63
$804.51Total this Invoice
Billings to Date
Current Prior Total
Perteet Labor 804.51 1,763,441.31 1,764,245.82
Subconsultants 0.00 237,172.67 237,172.67
Perteet Expense 0.00 13,550.64 13,550.64
Totals 804.51 2,014,164.62 2,014,969.13
003.000000.015.542.96.41.000 - $ 804.51
01/08/2026
97 of 294
PROJECT PROGRESS REPORT NO. 48
Project Name: Williams Ave S & Wells Ave S Conversion Project Construction Management Services
Client: City of Renton
Client Project Manager: Keith Woolley Perteet Project Number: 20180253.0100
Perteet Project Manager: Rahmi Kutsal Perteet Accounting Manager: Abi Swanson
Report Period: Through December 31, 2025
Tasks Accomplished by Perteet:
•Monthly status and progress report preparation for City submittal, billing and invoicing.
•Claim negotiations status meeting with City team.
Budget Status:
Project Status: Negotiations are continuing with the contractor, mediation is set for early January.
Respectfully Submitted,
Rahmi Kutsal, PE
Principal
Budget Items: Total
Contract Maximum: $2,022,859.76
Billings to Date: $2,014,969.13
Remaining Authorization: $7,890.63
Total d ue this Invoice: $804.51
Percent of Budget Expended: 99.6%
98 of 294
1
SUBJECT/TITLE:Project Acceptance: NE 12th St AC Water Main and Stormwater Replacement
Project CAG-25-075 with Raudenbush Earthworks, LLC
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works
STAFF CONTACT: Jonathan Chaves, Civil Engineer III
EXT.: 7208
The original contract amount was $2,071,559.32, and the final amount is $2,029,674.65. The water and
stormwater improvements included in the contract were funded through the 2025 Capital Improvement
Program budget for the 2025 Utility Capital Improvements for the Highlands Water Main Replacement
(425.455572) and the Highlands Storm System Improvements (427.475620). Sufficient funding is available
from both budgets to cover the project costs.
The NE 12th St AC Water Main and Stormwater Replacement Project contract was awarded to Raudenbush
Earthworks, LLC on May 28, 2025. Construction began on June 2, 2025 and was completed on December 4,
2025. The contractor submitted the final Affidavit of Wages Paid in January 2026.
The project consisted of the installation of:
Approximately 3,000 feet of new 8-inch & 12-inch water main
41 new water services/meters for existing property owners
Approximately 430 feet of 12-inch storm drainage pipe
18 catch basins for street drainage improvement
Asphalt overlay of the roadway
Accept the NE 12th St AC Water Main and Stormwater Replacement Project (CAG-25-075) and authorize
release of retainage bond after 60 days once all the required releases from the state have been obtained.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
99 of 294
F215-038-000 Notice of Completion of Public Works Contract 05-2020
Notice of Completion of
Public Works Contract
Department Use Only
Assigned to Date Assigned
Date Form Version Revision Reason
Awarding Agency Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Prime Contractor Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Project Information
Project Name Contract Number Affidavit ID Number
Jobsite Address City State Zip Code
Date Awarded Date Work Commenced Date Work Completed Date Work Accepted
Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement
Have Subcontractors been used? Yes No If yes, complete Addendum A
Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No
Detailed Description of Work Completed
DOR Tax Information
Calculated Amount Liquidated Damages
Additions (+) Amount Disbursed
Reductions (-) Amount Retained
Sub-Total Other
Sales Tax Amount Sales Tax Rate
Total Total
Both totals must to be equal - If multiple sales tax rates, attach a list
Apprentice Utilization Information
Was apprentice utilization required? Yes No Engineer’s Estimate:
Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No
Comments
The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No
payment shall be made from the retained funds until receipt of all release certificates and affidavits.
Complete and submit for by email to all three agencies below
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security Department
Registration, Inquiry, Standards &
Coordination Unit
(360) 890-3499
publicworks@esd.wa.gov
City of Renton 177-000-094
1055 S Grady Way Renton WA 98057
Jonathan Chavez 425-430-7208 jchavez@rentonwa.gov
Raudenbush Earthworks, LLC 604878848
13108 155TH LN SE Rainier WA 98576
Steve Raudenbush 360-999-3890 Steve@raudenbushearthworks.com
NE 12th St AC Water Main and Stormwater CAG-25-075
NE 12th St (Between Union Ave NE and Pierce)Renton WA 98057
05/28/2025 06/02/2025 12/04/2025 02/09/2026
Installation of approximately 1,500 linear feet of 12-inch and 1,550 linear feet of 8-inch class 52 RJ pipe, 15 12-inch
gate valves, 10 8-inch gate valves, 9 fire hydrant assemblies, 42 1-inch copper water services and re-connections to
existing private service lines, 760 linear feet of 12-inch diameter storm pipe, and 19 catch basins.
$1,894,694.00
($39,519.32)
$1,855,174.68
$174,499.98
$2,029,674.66
$0.00
$2,029,674.66
$0.00
$0.00
10.3 %
$2,029,674.66
15%
21.85
Only schedule A & B items were subject to the 10.3% sales tax during the project. Schedule C - Drainage was exempt
from sales tax under WAC 458-20-171.
100 of 294
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020
ALONSOS PRO CONC CTNG&CNST LLC 604876385 1456947
BARNES HAULING 603563320 1452273
GROUND UP ROAD CONST INC 602790246 1485054
HESS HAULING LLC 605298449 1478518
ICON MATERIALS 601006854 1485001
INTEGRITY TRUCKING LLC 604385886 1463723
MCDONOUGH & SONS INC 601520714 1478727
NORTHERN ENVIRONMENTAL LLC 602701729 1478635
NORTHLINE SURVEYING, INC 604206249 1482412
SPECIALIZED PAVEMENT MRKG LLC 602001003 1484925
101 of 294
$2,029,674.66
1-21-2026
102 of 294
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A
PUBLIC HEARING DATE REGARDING DECLARING A PORTION OF AN
EXISTING UTILITY EASEMENT SURPLUS TO THE CITY’S NEEDS AND
AUTHORIZING PARTIAL RELEASE OF SAID EASEMENT.
WHEREAS, on November 26, 1979, City Council passed Ordinance No. 3378,
vacating a portion of Tacoma Ave NE, subject to a utility easement reserved in favor of the
City. The subject utility easement is partially located within King County Parcel No.
7791000050 (the “Easement”); and
WHEREAS, a petition was filed by the current owner of King County Parcel No.
7791000050, Jennifer M. Saechao, with the City Clerk on or about November 20, 2025,
pursuant to the requirements of RMC 9-1-1, petitioning for the partial release of the
Easement. The petition was signed by the owners of more than two‐thirds (2/3) of the
property affected by the portion of the Easement contained within King County Parcel No.
7791000050;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. That the 2nd day of March 2026, at the hour of 7:00 p.m., is hereby fixed
as the date and time for a public hearing to consider the above-mentioned petition.
SECTION II. The City Clerk is hereby authorized and directed to give notice of the time
and date of the public hearing as provided in RCW 35.94.040, including instructions on
accessing the hearing via Zoom, if applicable, and/or providing comment, and any and/or all
persons interested therein or objecting to partial release of the Easement may then appear
103 of 294
RESOLUTION NO. ________
2
and be heard, or they may file their written objections with the City Clerk at or prior to the
time of public hearing.
SECTION III. After the close of the public hearing, the City Council shall determine
whether the portion of the Easement located within King County Parcel No. 7791000050 is
surplus to the City’s needs and if it is in the best interest of the public to be partially released.
PASSED BY THE CITY COUNCIL this day of , 2026.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES-CED:26RES001:01.29.2026
104 of 294
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE
2025 OFFICIAL ZONING MAP FOR NINE (9) GEOGRAPHICALLY DISTINCT
SITES WITHIN THE CITY OF RENTON FROM RESIDENTIAL MULTI-FAMILY
(RMF), RESIDENTIAL-14 (R-14), AND RESIDENTIAL-10 (R-10) TO
RESIDENTIAL MULTI-FAMILY 2 (RMF-2), PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has heretofore adopted and filed development
regulations and the Official Zoning Map of the City of Renton and has amended the same
from time to time; and
WHEREAS, the City initiated an area-wide zoning map amendment to rezone nine (9)
geographically distinct sites, as more particularly identified in Attachments A through I, from
RMF, R-14, and R-10 to RMF-2 (the “Proposal”); and
WHEREAS, all nine (9) sites are designated Residential High Density (RHD) under the
Comprehensive Plan, with the exception of a portion of Site 6 which is designated
Commercial & Mixed Use (CMU) and not included in the rezone area; and
WHEREAS, the purpose of the Proposal is to align zoning with existing built densities,
reduce nonconformities, and facilitate appropriate infill and reinvestment near transit,
commercial corridors, and employment areas consistent with the Comprehensive Plan; and
WHEREAS, the RMF-2 zone allows 20–40 dwelling units per net acre and implements
Comprehensive Plan goals and policies including, without limitation, Goals LU-B, LU-C, LU-
H, and LU-I calling for compact, transit-supportive, and efficient urban development; and
WHEREAS, pursuant to the City’s Environmental Ordinance and the State
Environmental Policy Act (SEPA), chapter 43.21C RCW, the Environmental Review
105 of 294
ORDINANCE NO. ________
2
Committee issued a Determination of Non-Significance on November 3, 2025, and all SEPA
appeal periods have expired or been resolved; and
WHEREAS, after proper notice, the Planning Commission held a public hearing on
November 5, 2025, took public testimony, considered all relevant materials, and forwarded
its Findings of Fact, Conclusions, and Recommendation to the City Council on November
19, 2025; and
WHEREAS, the City Council considered the Planning Commission’s record and
recommendation at a duly noticed meeting on February 9, 2026, and finds that the Proposal
is consistent with the Comprehensive Plan, the Growth Management Act, and the rezone
criteria in RMC 4-9-180.F.2;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION I. The Official Zoning Map of the City of Renton is hereby amended to
reclassify the properties identified in Attachments A through I (Site 1 through Site 9), as
legally described and identified by King County parcel numbers therein, from their current
zoning designations to Residential Multi-Family 2 (RMF-2), as follows:
Site 1 — Sunset Blvd NE & Aberdeen Ave NE, as shown in Attachment A, is hereby
rezoned to RMF-2.
Site 2 — Sunset Blvd NE & NE 10th Pl, as shown in Attachment B, is hereby rezoned
to RMF-2.
Site 3 — NE 9th Pl & NE Sunset Blvd / Edmonds Ave NE, as shown in Attachment C, is
hereby rezoned to RMF-2.
106 of 294
ORDINANCE NO. ________
3
Site 4 — NE Sunset Blvd & Union Ave NE, as shown in Attachment D, is hereby
rezoned to RMF-2.
Site 5 — Edmonds Ave NE & NE 3rd St, as shown in Attachment E, is hereby rezoned
to RMF-2.
Site 6 — NE 4th St & Queen Ave NE, as shown in Attachment F, is hereby rezoned to
RMF-2; provided, that only the RMF-zoned portion of the parcel is rezoned, and the CA-
zoned portion is excluded and remains CA.
Site 7 — SW Sunset Blvd & Maple Ave SW, as shown in Attachment G, is hereby
rezoned to RMF-2.
Site 8 — Benson Rd S & I-405 Interchange, as shown in Attachment H, is hereby
rezoned to RMF-2.
Site 9 — 108th Ave SE & SE Petrovitsky Rd, as shown in Attachment I, is hereby
rezoned to RMF-2.
The precise boundaries and affected parcels are depicted on the maps and set forth
in the parcel lists in Attachments A through I, which are incorporated herein by this reference
as if fully set forth.
SECTION II. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
constitutionality of any other section, subsection, sentence, clause, phrase, or word of this
ordinance.
107 of 294
ORDINANCE NO. ________
4
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City's official newspaper. The summary
shall consist of this ordinance's title.
PASSED BY THE CITY COUNCIL this day of , 2026.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
__________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:26ORD005:01.22.2026
108 of 294
Exhibit A
109 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING
AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
1 Sunset Blvd NE &
Aberdeen Ave NE HIGHLANDS 0.55 miles RMF RHD RMF-2 NO
PARCEL
NUMBER ADDRESS CURRENT
USE
YEAR
BUILT DENSITY CURRENT
ZONE
0823059143
1105
Sunset
Blvd NE
Self-
Storage
Mini
Warehouse
2000 N/A RMF
0823059080 NA
Self-
Storage
Mini
Warehouse
2000 NA RMF
0823059179 NA
Self-
Storage
Mini
Warehouse
2000 NA RMF
0823059137
1105
Sunset
Blvd NE
WSDOT
ROW NA NA RMF
0823059041 NA
Self-
Storage
Mini
Warehouse
2000 N/A RMF
0823059058
1033
Sunset
Blvd NE
Apartments 1963 31 DU/
ACRE RMF
Attachment A
110 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING
AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
2 Sunset Blvd NE & NE
10th Pl HIGHLANDS 0.43 miles RMF RHD RMF-2 NO
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
0823059052 2202 NE 10th Pl Apartments 1976 29 DU/ACRE RMF
8130200000 1150 Sunset Blvd NE Apartments 1979 29 DU/ACRE RMF
0823059112 2200 NE 10th Pl Apartments 1967 36 DU/ACRE RMF
Attachment B
111 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
3 NE 9th Pl & NE
Sunset Blvd HIGHLANDS 0.44 miles RMF RHD RMF-2 NO
PARCEL
NUMBER ADDRESS CURRENT USE YEAR
BUILT DENSITY CURRENT
ZONE
0923059119 1012
Edmonds Ave
NE
Single Family
(Nonconforming)
1948 N/A RMF
0923059158 980 Edmonds
Ave NE
Apartments 1968 43
DU/ACRE
RMF
0923059109 2520 NE 9th Pl Apartments 2000 25
DU/ACRE
RMF
7227500530 2624 NE 9th Pl Apartments 1959 21
DU/ACRE
RMF
7227500540 2630 NE 9th Pl Duplex 1959 6 DU/ACRE RMF
0923059131 978 Edmonds
Ave NE
Townhome
Apartments
2013 19
DU/ACRE
RMF
0923059186 968 Edmonds
Ave NE
Single Family
(Nonconforming)
1950 NA (1 UNIT) RMF
0923059207 964 Edmonds
Ave NE
Single Family
(Nonconforming)
1950 NA (1 UNIT) RMF
0923059210 960 Edmonds
Ave NE
Single Family
(Nonconforming)
1951 NA (1 UNIT) RMF
0923059059 2508 NE 9th Pl Single Family
(Nonconforming)
1943 NA (1 UNIT) RMF
Attachment C
112 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
4 NE Sunset Blvd &
Union Ave NE HIGHLANDS 0.02 miles RMF RHD RMF-2 NO
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
1023059050 4455 NE 12th St Apartments 1976 25 DU/ACRE RMF
1023059301 1150 Union Ave NE Apartments 1974 24 DU/ACRE RMF
1023059006 1190 Union Ave NE Apartments 1983 34 DU/ACRE RMF
1023059152 1190 Union Ave NE Apartments 1983 33 DU/ACRE RMF
Attachment D
113 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
5 Edmonds Ave NE
and NE 3rd St HIGHLANDS 0.08 miles RMF & R-10 RHD RMF-2 NO
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
1723059170 2307 NE 4th St Apartments 1986 31 DU/ACRE RMF
8880900000 2601 NE 4th St Condominiums 1979 27 DU/ACRE RMF
1623059046 2631 NE 4th St WSDOT Warehouse 1959 NA R-10
1623059117 2811 NE 4th St RHA Apartments 1983 14 DU/ACRE RMF
1623059120 2828 NE 4th St Apartments 1999 19 DU/ACRE RMF
Attachment E
114 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
6 NE 4th St &
Queen Ave NE HIGHLANDS 0.04 miles CA & RMF CMU & RHD RMF-2 NO
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
0923059049 3788 NE 4th St Apartments 1987 27 DU/ACRE RMF
Attachment F
115 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
7 SW Sunset Blvd &
Maple Ave SW
City Center,
Valley, and West
Hill
0.0 miles RMF RHD RMF-2 NO
Attachment G
116 of 294
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
1823059053 200 SW 5TH PL Plum Tree Park Apartments 1991 24 DU/AC RMF
1823059052 500 SW 7th St BNSF Railway ROW N/A N/A RMF
7338250000 440 MAPLE AVE SW Rivers Edge Condominium 1999 18 DU/AC RMF
1823059165 430 MAPLE AVE SW Vacant NA NA RMF
2143701215 510 STEVENS AVE SW Alaire Apartments 1988 20 DU/AC RMF
0194300000 611 SW 5TH CT Condominium 1981 19 DU/AC RMF
8119900000 833 SW SUNSET BLVD Sunpointe Condominium 1990 6 DU/AC RMF
2143702200 521 SW 5th Pl Single Family (Nonconforming) 1950 NA (1 UNIT) RMF
2143702195 513 SW 5th Pl Single Family (Nonconforming) N/A NA (1 UNIT) RMF
2143702190 513 SW 5th Pl Single Family (Nonconforming) 1955 NA (1 UNIT) RMF
2143702185 509 SW 5th Pl Single Family (Nonconforming) 1994 NA (1 UNIT) RMF
2143702180 505 SW 5th Pl Single Family (Nonconforming) 1994 NA (1 UNIT) RMF
2143702175 501 SW 5th Pl Single Family (Nonconforming) 1994 NA (1 UNIT) RMF
2143702170 425 SW 5th Pl Single Family (Nonconforming) 1994 NA (1 UNIT) RMF
2143702150 415 SW 5th Pl Duplex 1955 20 DU/AC RMF
2143701730 701 SW Sunset Blvd Single Family (Nonconforming) 1920 NA (1 UNIT) RMF
2143701720 625 SW 4th Pl Single Family (Nonconforming) 1904 NA (1 UNIT) RMF
2143701815 709 SW Sunset Blvd Single Family (Nonconforming) 1912 NA (1 UNIT) RMF
2143701825 709 SW Sunset Blvd Vacant Parcel N/A N/A RMF
2603000000 617 SW 4th Pl Condominium 2007 22 DU/AC RMF
2143701170 617 SW 4th Pl Vacant Parcel N/A N/A RMF
2143701180 617 SW 4th Pl Vacant Parcel N/A N/A RMF
2143701211 525 SW Sunset Blvd Single Family (Nonconforming) 1918 NA (1 UNIT) RMF
2143701325 423 Lind Ave SW Single Family (Nonconforming) 1912 NA (1 UNIT) RMF
2143701310 438 SW 4th Pl Single Family (Nonconforming) 1912 NA (1 UNIT) RMF
2143701315 430 SW 4th Pl Single Family (Nonconforming) 1912 NA (1 UNIT) RMF
2143701410 412 SW 4th Pl Single Family (Nonconforming) 1949 NA (1 UNIT) RMF
2143701400 400 SW 4th Pl Single Family (Nonconforming) 1913 NA (1 UNIT) RMF
2143701395 316 SW 4th Pl Duplex 1955 14 DU/AC RMF
2143701390 308 SW 4th Pl Single Family (Nonconforming) 1920 NA (1 UNIT) RMF
2143701385 431 Maple Ave SW Single Family (Nonconforming) 1927 NA (1 UNIT) RMF
2143701415 461 Maple Ave SW Single Family (Nonconforming) 1960 NA (1 UNIT) RMF
2143701550 469 Maple Ave SW Single Family (Nonconforming) 1948 NA (1 UNIT) RMF
2143701551 469 Maple Ave SW Vacant Lot N/A N/A RMF
117 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
8 Benson Rd S & I-405
Interchange BENSON 0.9 miles RMF RHD RMF-2 NO
PARCEL
NUMBER ADDRESS CURRENT USE YEAR
BUILT DENSITY CURRENT
ZONE
2023059023 1212 Benson Rd S Easement NA NA RMF
2023059024 1202 Benson Rd S Vacant NA NA RMF
2023059025 1206 Benson Rd S Easement NA NA RMF
2023059031 1240 Benson Rd S Single Family
(Nonconforming) 1947 NA (1
UNIT) RMF
2023059029 1234 Benson Rd S Single Family
(Nonconforming) 1909 NA (1
UNIT) RMF
2023059032 1236 Benson Rd S Single Family
(Nonconforming) 1954 NA (1
UNIT) RMF
2023059033 1216 Benson Rd S Single Family
(Nonconforming) 1916 NA (1
UNIT) RMF
2023059035 1228 Benson Rd S Single Family
(Nonconforming) 1962 NA (1
UNIT) RMF
2023059055 1202 Benson Rd S Vacant NA NA RMF
2023059036 1114 Benson Rd S ROW NA NA RMF
Attachment H
118 of 294
SITE # GENERAL
LOCATION
COMMUNITY
PLANNING
AREA
DISTANCE TO
MAJOR TRANSIT
STOP
EXISTING
ZONING
COMP PLAN
DESIGNATION
PROPOSED
ZONING
COMP PLAN
AMENDMENT
REQUIRED
9 108th Ave SE & SE
Petrovitsky Rd BENSON 0.15 miles R-14 RHD RMF-2 NO
PARCEL NUMBER ADDRESS CURRENT USE YEAR BUILT DENSITY CURRENT ZONE
2923059072 17418 108th Ave SE Church 1951 NA R-14
3530100000 11002 SE Petrovitsky Rd Multi-Family (condos) 1993 21 DU/ACRE R-14
Attachment I
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING
SECTION 4-2-060 OF THE RENTON MUNICIPAL CODE SUBSECTIONS 4-4-
040.B.5, 4-4-080.F.8, 4-8-090.C, AND 4-10-050.A OF THE RENTON
MUNICIPAL CODE; AND DEFINITIONS IN SECTIONS 4-11-010.S, 4-11-020
AND 4-11-120 OF THE RENTON MUNICIPAL CODE, CODIFYING
ADMINISTRATIVE CODE INTERPRETATIONS FROM 2021 TO 2024,
AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to Renton Municipal Code Section 4-1-080, Interpretation, the
Community and Economic Development Administrator (“Administrator”) is authorized to
make interpretations regarding the implementation of unclear or contradictory regulations;
and
WHEREAS, the Administrator recognized that certain Renton Municipal Code
regulations addressed in this ordinance contained unclear or contradictory language; and
WHEREAS, this matter was duly referred to the Planning Commission for
investigation and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Administrator issued a series of Administrative Policies/Code
Interpretations (“CI”) between May 2022 and October 2025 clarifying unclear or
contradictory language; and
WHEREAS, pursuant to RCW 36.70A.106, on October 10, 2025, the City notified the
State of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on November 5, 2025,
considered all relevant matters, and heard all parties in support or opposition, and
subsequently forwarded a recommendation to the City Council;
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ORDINANCE NO. ________
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in
effect and unchanged.
SECTION II. Section 4-2-060 of the Renton Municipal Code is amended as shown in
Exhibit A. This amendment incorporates CI-176, issued on May 23, 2022, and CI-193, issued
on October 2, 2025.
SECTION III. Subsection 4-4-040.B.5 of the Renton Municipal Code is amended as
shown below. This amendment incorporates CI-187, issued on September 27, 2024.
5. Permit Required:
a. Fences: A fence taller than seven six feet (76') shall require a building permit or
a written exemption from the Building Official.
b. Retaining Walls: A retaining wall that is four feet (4') or taller, as measured by
the vertical distance from the bottom of the footing to the finish grade at the top of
the wall (i.e., not measured by exposed retaining wall height), shall require a building
permit. This determination does not account for other factors that may cause a
building permit to be required for a retaining wall (e.g., the addition of a surcharge or
fence).
SECTION IV. Subsection 4-4-080.F.8 of the Renton Municipal Code is amended as
shown below. This amendment incorporates CI-188, issued on June 17, 2025, and CI-190,
issued on September 12, 2025.
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ORDINANCE NO. ________
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8. Parking Stall Types, Sizes, and Percentage Allowed/Required:
a. Standard Parking Stall Size – Surface/Private Garage/Carport:
i. Minimum Length in All Zones Except UC Zone: A parking stall shall be a
minimum of twenty feet (20') in length, except for parallel stalls, measured along
both sides of the usable portion of the stall. Each parallel stall shall be twenty-
three feet by nine feet (23' x 9') in size.
ii. Minimum Length in UC Zones: A parking stall shall be a minimum of
nineteen feet (19') in length, except for parallel stalls, measured along both sides
of the usable portion of the stalls. Each parallel stall shall be twenty-three feet by
nine feet (23' x 9') in size.
iii. Minimum Width: A parking stall shall be a minimum of nine eight feet (98')
in width measured from a right angle to the stall sides.
ivii. Reduced Width and Length for Attendant Parking: When cars are
parked by an attendant, the stall shall not be less than eighteen feet long by eight
feet wide (18' x 8').
b. Standard Parking Stall Size – Structured Parking:
i. Minimum Length: A parking stall shall be a minimum of fifteen feet (15'). A
stall shall be a minimum of sixteen feet (16') for stalls designed at forty-five
degrees (45°) or greater. Each parallel stall shall be a minimum of twenty-three
feet by nine eight feet (230' x 98') in size.
ii. Minimum Width: A parking stall shall be a minimum of eight feet, four
inches (8'4") in width.
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ORDINANCE NO. ________
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c. Compact Parking Stall Size and Maximum Number of Compact Spaces:
i. Stall Size – Surface/Private Garage/Carport: Each stall shall be eight and
one-half feet in width and sixteen feet in length (8-1/2' x 16').
ii. Stall Size – Structured Parking: A parking stall shall be a minimum of
seven feet, six inches (7'6") in width. A parking stall shall be a minimum of twelve
feet (12') in length, measured along both sides for stalls designed at less than
forty-five degrees (45°). A stall shall be a minimum of thirteen feet (13') in length,
for stalls designed at forty-five degrees (45°) or greater.
iii. Maximum Number of Compact Spaces Outside of the UC
Zones: Compact parking spaces shall not account for more than:
(a) Designated employee parking – not to exceed forty percent (40%).
(b) Structured parking – not to exceed fifty percent (50%).
(c) All other uses – not to exceed thirty percent (30%).
iv. Maximum Number of Compact Spaces in the UC Zones: The maximum
number of compact spaces shall not exceed fifty percent (50%).
d. Tandem Parking: Tandem parking is allowed for parking spaces reserved
exclusively for a specific dwelling unit, detached single-family residential and
townhouse developments. If tandem parking is provided the following standards
shall apply:
i. Stall length shall conform to the standards of this subsection F.8; and
ii. A restrictive covenant or other device acceptable to the City will be required
to assign tandem parking spaces to the exclusive use of specific dwelling units,
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ORDINANCE NO. ________
5
unless the parking spaces are used exclusively for a detached, single-family
home. Enforcement of tandem parking spaces shall be provided by the property
owner, property manager, or homeowners’ association as appropriate.
e. Special Reduced Length for Overhang: The Department of Community and
Economic Development may permit the parking stall length to be reduced by two feet
(2'), providing there is sufficient area to safely allow the overhang of a vehicle and that
the area of vehicle overhang does not intrude into required landscaping areas.
f. Guest Parking: Required guest parking stalls shall be located in a common
area accessible by guests. The area shall be set aside exclusively for guest parking.
In mixed-used developments, the required guest parking shall be calculated using
only the residential portion of the development.
g. Accessible Parking as Stipulated in the Americans with Disabilities Act
(ADA): Accessible parking shall be provided per the requirements of the Washington
State Barrier Free Standards as adopted by the City of Renton.
NUMBER OF ACCESSIBLE
PARKING SPACES
Total Parking
Spaces in Lot
or Garage
Minimum Required
Number of Accessible
Spaces
1 – 25 1
26 – 50 2
51 – 75 3
76 – 100 4
101 – 150 5
151 – 200 6
201 – 300 7
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ORDINANCE NO. ________
6
NUMBER OF ACCESSIBLE
PARKING SPACES
Total Parking
Spaces in Lot
or Garage
Minimum Required
Number of Accessible
Spaces
301 – 400 8
401 – 500 9
501 – 1,000 2% of total spaces
Over 1,000 20 spaces plus 1 space
for every 100 spaces, or
fraction thereof, over
1,000
h. Assigned Parking: Developments with attached dwellings units in the R-10, R-
14, and RMF zones shall provide a minimum of one (1) assigned parking space to
each dwelling unit. A restrictive covenant or other device acceptable to the City will
be required to assign parking spaces to the exclusive use of specific dwelling units.
Enforcement of assigned parking spaces shall be provided by the property owner,
property manager, or homeowners’ association as appropriate.
SECTION V. Subsection 4-8-090.C of the Renton Municipal Code is amended as
shown below. This amendment incorporates CI-185, issued on July 12, 2024.
C. PUBLIC INFORMATION SIGNS:
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ORDINANCE NO. ________
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1. Applicability: A minimum of one public information sign shall be required for
all Type II and Type III Land Use Permits in accordance with the following standards,
unless exempted by this subsection. The applicant shall be responsible for the
procurement, installation and maintenance of the sign.
Exempt Permits: The following Type II and Type III Land Use Permits are exempt
from the requirements of this subsection:
a. Additional animals permit;
b. Home occupation permit, special;
c. Temporary use permit – Tier II, except for temporary use permits for
personal delivery device operation and device dispensers;
d. Temporary emergency wetland permit;
e. Development permit (special flood hazard);
f. Final plats;
g. Final short plats;
h. Final binding site plans;
i. Mobile home park, final;
j. Planned urban development, final; and
k. Environmental review.; and
l. Additional vehicles permit.
SECTION VI. Subsection 4-10-050.A of the Renton Municipal Code is amended as
shown below. This amendment incorporates CI-184, issued on October 13, 2023.
A. NONCONFORMING STRUCTURES – GENERAL:
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ORDINANCE NO. ________
8
Any legally established nonconforming structure may remain, although such
structure does not conform to the provisions of this Title; provided, that:
1. Not Vacant or Left Abandoned: The nonconforming structure has not been
vacant for more than one (1) year, or has not been abandoned; and
2. Unsafe Structures Secure Building Condition: The nonconforming structure
is kept in a safe and secure condition.
3. Limits on Alterations: The cost of alterations, remodels, or renovations of a
legal nonconforming structure, except single-family, accessory dwelling units,
and/or middle housing dwellings, shall not exceed an aggregate cost of forty percent
(40%) in twelve (12) months or sixty percent (60%) in forty-eight (48) months of the
value of the structure, based upon its most recent assessment or appraisal, unless
the changes make the structure more conforming, or are used to restore to a safe
condition any portion of a structure declared unsafe by the Building Official.
Mandatory improvements for fire, life safety or accessibility, as well as replacement
of mechanical equipment, do not count towards the cited monetary thresholds.
Alterations, remodels, or restoration work shall not result in or increase any
nonconforming condition unless permitted by subsection A.4 of this Section, Limits
on Enlargement. Nonconforming single-family, accessory dwelling units, and/or
middle housing dwellings may be replaced, enlarged, altered, remodeled, or
renovated, without limitation of cost, pursuant to current code requirements (e.g.,
height limits, lot coverage, density limits, setbacks, etc.), unless such actions would
increase one (1) or more nonconformity.
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ORDINANCE NO. ________
9
4. Limits on Enlargement:
a. The structure shall not be enlarged unless the enlargement is conforming,
except as identified in subsection A.4.b of this Section.
b. Nonconforming enlargements may only be allowed at the discretion of the
Administrator if:
i. The enlargement is sited carefully to achieve compatible transition
between surrounding buildings, parking areas and other land uses; or
ii. The enlargement does not significantly cause any adverse or
undesirable effects on the site or neighboring properties,; or
iii. The enlargement is confined to the projected footprint of a single-
family, accessory dwelling unit, and/or middle housing dwelling. If the
proposed enlargement is nonconforming with respect to zoning setbacks, and
the enlargement will comply with this Section and all other development
regulations, the enlargement may be allowed if it is located within the
projected footprint of the building. The projected footprint is determined with
the criteria below by extending a line from and parallel to the furthest
encroaching portion(s) of the building. The enlargement is limited to the height
of the qualifying encroachment, and any other applicable height limitation.
For the purpose of determining the projected footprint, a qualifying
encroachment shall:
(a) Represent at least fifty percent (50%) of the building’s facade; and
(b) Be set back at least three feet (3') from any property line; and
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ORDINANCE NO. ________
10
(c) Not include any allowed setback projections, steps and/or decks,
and encroachments permitted by a land use decision.
5. Limits on Restoration: Nothing in this Chapter shall prevent the
reconstruction, repairing, rebuilding and continued use of any nonconforming
building or structure to its same size, location, and height when the structure is
deemed unsafe by the Building Official, damaged by fire, explosion, or act of God,
subject to the following conditions:
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ORDINANCE NO. ________
11
a. Single-Family Dwellings: Any legally established single-family, accessory
dwelling unit, and/or middle housing dwelling deemed unsafe by the Building
Official, damaged by fire, explosion or an act of God, may be rebuilt to its same
size, location, and height on the same site, subject to all relevant fire and life
safety codes without limitation on value. Restoration or reconstruction shall be
initiated by a building permit application within one (1) year of a fire, explosion, or
an act of God. If a building permit application has not been submitted within one
(1) year from the date of the fire or other casualty, the structure shall be deemed
abandoned and not allowed to be restored or reconstructed.
b. Other Legal Nonconforming Structures: The work shall not exceed fifty
percent (50%) of the latest assessed or appraised value of the building or
structure at the time such damage occurred, otherwise any restoration or
reconstruction shall conform to the regulations specified in this Title; provided,
that restoration work is initiated by a building permit application within one (1)
year of a fire, explosion, or an act of God. If a complete building permit application
has not been submitted within one (1) year from the date of the fire or other
casualty the structure shall be deemed abandoned and not allowed to be
restored or reconstructed.
SECTION VII. The definition of “Adult Family Home” in section 4-11-010.S of the
Renton Municipal Code is amended as shown below. This amendment incorporates CI-186,
issued on September 9, 2024. All other definitions in 4-11-010 remain in effect and
unchanged.
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ORDINANCE NO. ________
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S. ADULT FAMILY HOME: A state-licensed facility providing personal care, room and
board within a dwelling unit to more than one person, but not more than four six (46)
adults, not related by blood or marriage to the person(s) providing the service. A
maximum of eight (8) adults may be permitted if the Washington State Department
of Social and Health Services determines the home is of adequate size and the home
and provider are capable of meeting standards and qualifications as provided for in
chapters 70.128 RCW and 388-76 WAC.
SECTION VIII. Section 4-11-020 of the Renton Municipal Code is amended as shown
below. This amendment incorporates CI-183, issued on October 4, 2023.
4-11-020 DEFINITIONS B:
A. BACKFLOW: See RMC 4-6-100.
B. BACKFLOW PREVENTER: See RMC 4-6-100.
C. BACKGROUND AREA: The entire face of a sign upon which text and/or
graphics could be placed.
D. BACKSIPHONAGE: See RMC 4-6-100.
E. BASE FLOOD: A flood having a one percent (1%) chance of being equaled or
exceeded in any given year. Also referred to as the “one hundred (100) year flood.”
Designation on flood maps always includes the letters A or V.
F. BASE FLOOD ELEVATION (BFE): The elevation to which floodwater is
anticipated to rise during the base flood.
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ORDINANCE NO. ________
13
G. BASEMENT: Any floor level below the first story in a building, except that a floor
level in a building having only one (1) floor level shall be classified as a basement
unless such floor level qualifies as a first story as defined herein.
H. BASEMENT: (This definition for RMC 4-3-050, flood hazard regulations, use
only.) Any area of the building having its floor subgrade (below ground level) on all
sides.
I. BATTERY ENERGY STORAGE SYSTEM FACILITY: One (1) or more utility-scale
energy storage systems designed to receive, store, and discharge energy to and from
the electrical grid or energy generation facility for later use. Battery energy storage
systems generally consist of batteries assembled together and may include on-site
switchyard, inverters, associated interconnection transmission line, and supervisory
control and data acquisition system. This definition excludes individual residential
and commercial use systems for on-site energy use, standalone twelve (12) volt car
battery or electric motor vehicles, and other consumer products.
J. BED AND BREAKFAST HOUSE, ACCESSORY: Overnight accommodations and
a morning meal in a dwelling unit with less than four (4) guest rooms provided to
transients for compensation. Accessory bed and breakfast houses are proprietor-
occupied, or the proprietor lives on a contiguous property, and morning meals are
provided to the house residents and the overnight guests only. This definition does
not include congregate residences, professional bed and breakfast houses, hotels,
or motels.
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ORDINANCE NO. ________
14
K. BED AND BREAKFAST HOUSE, PROFESSIONAL: Overnight accommodations
and a morning meal in a dwelling unit with four (4) to ten (10) guest rooms provided
to transients for compensation. Professional bed and breakfast houses are
proprietor-occupied, or the proprietor lives on a contiguous property, and morning
meals are provided to the house residents and the overnight guests only. This
definition does not include congregate residences, accessory bed and breakfast
houses, hotels, or motels.
L. BEDROCK: In-place subsurface material consisting of solid rock.
M. BEEKEEPING: The management and maintenance of colonies of honeybees.
N. BEST MANAGEMENT PRACTICES, WETLANDS: Conservation practices or
systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients,
animal waste, toxins and sediment;
2. Minimize adverse impacts to surface water and groundwater flow,
circulation patterns, and to the chemical, physical and biological characteristics
of wetlands; and
3. Includes allowing proper use and storage of fertilizers/pesticides.
O. BINDING SITE PLAN: A drawing as authorized by chapter 58.17 RCW and
provided for in RMC 4-7-230 which:
1. Identifies and shows the areas and locations of all streets, roads,
improvements, utilities, open spaces, and any other matters specified by RMC 4-
8-120.C, Submittal Requirements; and
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ORDINANCE NO. ________
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2. Contains inscriptions or attachments setting forth such appropriate
limitations and conditions for the use of the land as are established by the City;
and
3. Contains provisions requiring site development to be in conformity with the
approved binding site plan.
P. BLOCK: A block consists of two (2) facing block fronts bounded on two (2)
sides by alleys or rear property lines and on two (2) sides by the centerline of platted
streets, with no other intersecting streets intervening.
Q. BLOCK FRONT: A block front is the frontage of property along one (1) side of a
street bound on three (3) sides by the centerline of platted streets and on the fourth
side by an alley or rear property lines.
R. BMPs: Best management practices, see supra, and RMC 4-6-100.
S. BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the
water which allows launching of boats directly into the water from trailers.
T. BODY SHOP: An establishment which conducts any of the following
operations:
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ORDINANCE NO. ________
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1. Collision repair services, including body, frame or fender straightening,
repair, or replacement; and/or
2. Overall painting of vehicles or painting of vehicles in a paint shop, but
excluding minor painting with an airbrush or roller brush utilized in customizing or
detailing operations; and/or
3. Welding, molding, and similar operations conducted on vehicles.
U. BREAKWATER: A protective structure, usually built off-shore for the purpose
of protecting the shoreline or harbor area from wave action.
V. BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed, enhanced,
or revegetated area that surrounds and protects a critical area from adverse impacts
to its functions and values, and/or which protects developed areas from potentially
hazardous conditions.
W. BUFFER, LANDSCAPE: Landscaped area used to physically separate or
screen one (1) use or property from another so as to visually shield or block views,
noise, lights, or other potential nuisances.
X. BUFFER, SHORELINES: A strip of land that is designated to permanently
remain vegetated in an undisturbed and natural condition to protect an adjacent
aquatic, riparian, or wetland site from upland impacts, to provide habitat for wildlife
and to afford limited public access. Uses and activities within the buffer are
extremely limited. The buffer is measured horizontally upland from and
perpendicular to the OHWM.
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ORDINANCE NO. ________
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Y. BUILDABLE AREA: The portion of a lot or site, exclusive of required yard areas,
setbacks, landscaping or open space within which a structure may be built.
Z. BUILDING: As defined by the International Building Code.
AA. BUILDING: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) Any structure having a roof intended to be used for the shelter
or enclosure of persons, plants, animals or property.
BB. BUILDING CODE: The International Building Code, promulgated by the
International Conference of Building Officials, as adopted by this jurisdiction.
CC. BUILDING COMPLEX, MULTIPLE: A group of structures housing more than
one (1) type of retail business, office or commercial venture and generally under one
(1) ownership and control.
DD. BUILDING COVERAGE: See LOT COVERAGE.
DDEE. BUILDING DRAIN: See RMC 4-6-100.
EEFF. BUILDING FACADE: That portion of any exterior elevation of a building
extending from the grade to the top of the parapet wall or eaves, and the entire width
of the building elevation.
FFGG. BUILDING FOOTPRINT: The area of a lot or site included within the
surrounding exterior walls of a building or portion of a building, exclusive of
courtyards and uncovered decks and porches. In the absence of surrounding exterior
walls, the building footprint shall be include the area under the horizontal projection
of the roof.
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ORDINANCE NO. ________
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GGHH. BUILDING HEIGHT: The measurement of building height depends on the
applicable zone, as follows:
1. Within the RC, R-1, R-4, R-6, R-8, R-10, R-14, and RMF Zones: Primary
structures shall be measured by the vertical distance from grade plane to the
highest wall plate combined with the height of any portion of the structure that
extends above the wall plate (e.g., roof, deck, etc.), excluding chimneys,
ventilation stacks, and similar elements as determined by the Administrator.
Detached accessory structures shall be measured by the vertical distance from
grade plane to the average height of the highest roof surface.
2. All Other Zones: The vertical distance from grade plane to the average
height of the highest roof surface.
HHII. BUILDING, MULTI-OCCUPANCY: A single structure housing more than
one (1) type of retail business, office or commercial venture and generally under one
(1) ownership and control.
KKJJ. BUILDING OFFICIAL: The officer or other person charged with the
administration and enforcement of the IBC and the building-related provisions of this
Title, or his duly authorized deputy.
LLKK. BUILDING, SINGLE OCCUPANCY: A building occupied by a single tenant.
A building is considered to be “single occupancy” if:
1. It has only one (1) occupant; and
2. It has no wall in common with another building; and
3. It has no part of its roof in common with another building.
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ORDINANCE NO. ________
19
MMLL. BUILDING STEP-BACK: A building step-back applies to stories above the
ground floor and is the horizontal distance between one (1) or more stories of a
building facade relative to the building facade of the floor directly below.
NNMM. BULK STORAGE: See STORAGE, BULK.
OONN. BULKHEAD: A vertical wall constructed of rock, concrete, timber, sheet
steel, gabions, or patent system materials. Rock bulkheads are often termed
“vertical rock walls.” Seawalls are similar to bulkheads, but more robustly
constructed.
PPOO. BUOY: A floating object anchored in a lake, river, etc., to warn of rocks,
shoals, etc., or used for boat moorage.
QQPP. BUSINESS FACADE: That portion of an exterior building wall owned or
leased by a business.
SECTION IX. The definition of “Lot Coverage” in section 4-11-120 of the Renton
Municipal Code is amended as shown below. This amendment incorporates CI-183, issued
on October 4, 2023. All other definitions in 4-11-120 remain in effect and unchanged.
LOT COVERAGE: The horizontal area measured within the outside of the exterior
walls of all principal and accessory buildings on a lot including all covered decks and
porches. The percentage of the lot area covered by principal and accessory buildings
as projected on a horizontal plane. The lot coverage calculation shall include the area
enclosed by the exterior walls of a building or accessory building, including all
covered decks, porches and stairs. Where lot coverage is referenced, refer to the
138 of 294
ORDINANCE NO. ________
20
applicable building coverage standards. Should any conflict result, the Administrator
shall determine the effective code.
139 of 294
ORDINANCE NO. ________
21
SECTION X. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules,
or regulations; or ordinance numbering and section/subsection numbering and references.
The City Clerk is further authorized to direct the codifier to update any chapter, section, or
subsection titles in the Renton Municipal Code affected by this ordinance.
SECTION XI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
constitutionality of any other section, subsection, sentence, clause, phrase, or word of this
ordinance.
140 of 294
ORDINANCE NO. ________
22
SECTION XII. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary
shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this day of , 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:25ORD027:01.30.2026
141 of 294
23
EXHIBIT A
4-2-060 ZONING USE TABLE – USES ALLOWED IN ZONING DESIGNATIONS:
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
A. AGRICULTURE AND NATURAL RESOURCES
Agriculture P35 P35
Home agriculture AC35 AC35 AC35 AC35 AC35 AC35 AC35 AC35 AC35 AC35
Natural resource
extraction/recovery
H H H H H H H H H H H H H H H H H H H
Research – Scientific
(small scale)
P P P P P P P P P P P P P P P P P P P P P
B. ANIMALS AND RELATED USES
Beekeeping AC AC AC AC AC AC AC AC AC AC
Kennels AD P37 P37 P37 AD AD AD AD AD
Stables, commercial AD AD
Pet day care P37 P37 P37 AD AD AD AD AD AD AD82 AD82
Veterinary offices/clinics P AD42 P P P P112 P P P29 P P82 P82
C. RESIDENTIAL
142 of 294
EXHIBIT A
24
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Single-family P P P P P P P
Cottage P32 P32 P32 P32 P32 P32 P32
Apartments P P P P P6 P6 P6 P6 P16 P6 P6 P6
Middle housing P P P P P
Garden style apartments P P P6
Townhouses P P P13 P13 P6 P6 P6
Accessory dwelling unit AC7 AC7 AC7 AC7 AC7 AC7 AC7
Manufactured homes P50 P50 P50 P50 P50 P P50 P50
D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS
Adult family home P P P P P P P P P P P P3
Assisted living AD AD P P P P6 P3, 6 P40,
16
P6 P96,
6
P96,
6
Caretaker’s residence AC AC AC AC AC AC AC AC
Co-Living Housing P38 P38 P38 P38 P38 P39 P39 P39 P39 P6 P6 P6 P6 P16 P6 P6 P6
Group homes I AD H3
143 of 294
EXHIBIT A
25
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Group homes II for 6 or
less
AD P P P P P P P P P P P3 P
Group homes II for 7 or
more
H H H H H H H H H P H H3 AD
Home occupations
(RMC 4-9-090)
AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC
Live-work unit AD AD AD
Permanent supportive
housing88
H H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6
Transitional housing88 H H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6
E. SCHOOLS
K-12 educational
institution (public or
private)
H9 H9 H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H87 H87
Other higher education
institution
P29 P29 P29 P P P P21 AD87 AD87
Schools/studios, arts and
crafts
P P29 P29 P P P P
144 of 294
EXHIBIT A
26
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Trade or vocational
school
P P H H H77 H77
F. PARKS
Parks, neighborhood P P P P P P P P P P P P P P P P P P P P P
Parks,
regional/community,
existing
P P P P P P P P P P P P P P P P P P P P P
Parks,
regional/community, new
AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P P
G. OTHER COMMUNITY AND PUBLIC FACILITIES
Cemetery H H H H H H H H H H H H H H H H H
Religious institutions H H H H H H H H H H H H H H H H H H H H H
Social service
organizations
H H H H H H H H H H H12 H21 H82 H82
Private club, fraternal
organizations
H H H H H H H H H H H H H H H H H12 H21 H82 H82
City government offices AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD AD AD
City government facilities H H H H H H H H H H H H H H H H H H H H H
145 of 294
EXHIBIT A
27
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Community health
engagement location
(CHEL)
Jails, existing municipal P
Diversion facility H71 H71
Secure community
transition facilities
H71 H71
Other government
facilities
H H H H H H H H H H H H H H H
Other government
maintenance facilities
H H
Other government offices AD42 P P P AD P112 P P P P P92 P92
Homeless services use H H H H H H H H H H H
COVID-19
deintensification shelter
P101 P101 P101 P101 P101 P101
H. OFFICE AND CONFERENCE
Conference centers P P P H P P P P21 P18 P18
146 of 294
EXHIBIT A
28
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Medical and dental
offices
AD42 P P P AD P112 P P P P P92 P92
Offices, general AD42 P P P AD P112 P P P P P92 P92
I. RETAIL
Adult retail use (RMC 4-3-
010)
P P P P P P P12
Coffee stand80, 81 AD AD AD AD AD AD AD82 AD82
Commissary kitchen31 P P P AC AC P26 AC P27 AC AC AC
Drive-in/drive-through,
retail19, 80
AC AC AC AC AC61 AC AC61 AC82 AC82
Eating and drinking
establishments80, 81
P1 P1 P1 P1 P1 P1 P1 AD33 AD34 AD34 P29 P P P22 P61 P P61 P12 P82 P82 P82
Horticultural nurseries,
existing
AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Horticultural nurseries,
new
AD AD29
Marijuana retail (RMC 4-1-
250)
AD P AD P21 P82 P82
147 of 294
EXHIBIT A
29
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Mobile food vending P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P23 P23 P23 P10 P23 P23 P23 P23 P10 P10 P10
Retail sales AD33 AD AD AC AC AC P22 P P P P54 P21 P82 P82
Retail sales, outdoor P15 P15 P30 P30 P30 P15 P15 P15 P15 P15
Taverns AD P20 AD P21 P82 P82
Vehicle sales, large P29 P29 P29 P29
Vehicle sales, small P P P P68
Walk-up window81 AD1 AD1 AD1 AD1 AD1 AD1 AD1 AD33 AD33 AD33 AD AD AD AD AD AD AD AD AD AD AD
Wholesale retail P P P P29 P79 P79
J. ENTERTAINMENT AND RECREATION
Adult entertainment
business (RMC 4-3-010)
P P P P P P12
Card room P52 P52 P52 P52
Cultural facilities H H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD
Dance clubs P29 P29 P29 AD P20 AD P29 AD
Dance halls P29 P29 P29 AD P20 AD P29 AD
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EXHIBIT A
30
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Gaming/gambling
facilities, not-for-profit
H29 H29 H29 H20 H29
Movie theaters P29 P29 P29 AD P20 P P12 P82 P82
Smoking lounge
Sports arenas,
auditoriums, exhibition
halls, indoor
AD29 AD29 AD29 P20 P AD29 H18 H18
Sports arenas,
auditoriums, exhibition
halls, outdoor
AD29 AD29 AD29 AD20 AD29 H18 H18
Golf courses (existing) P P P P P P P
Golf courses, new H P H H H H H
Marinas P P21 H H
Recreational facilities,
indoor, existing
H P33 P29 P29 P29 P P P P54 P21 P82 P82
Recreational facilities,
indoor, new
H P29 P4 P P P91 P12 P21 P82 P82
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EXHIBIT A
31
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Recreational facilities,
outdoor
P29 P29 P29 H20 H29 H83 H83
K. SERVICES
Bed and breakfast house,
accessory
AD AD AD AD AD AD AD AD AD P
Bed and breakfast house,
professional
AD AD AD5 AD5 AD P
Hotel P29 P29 P29 P P20 P P P P18 P18
Hotel, extended stay P29 P29 P29 P29 P
Motel P29 P29 P29 P P20
Off-site services P29 P29 P29 P29
On-site services AD33 P29 P29 P29 P22 P P P P54 P21 P82 P82
Drive-in/drive-through
service
AC61 AC61 AC61 AC80 AC61 AC80 AC61 AC61 AC61 AC82 AC82
Adult day care I AC AC AC AC AC AC AC AC AC AC P P P P P P P P P P100 P100
150 of 294
EXHIBIT A
32
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Adult day care II H H H H H H H H P P P P P P P P12 P21 P100 P100
Day care centers H25 H25 H25 H25 H25 H25 H25 H25 P P P P P P P P P21 P100 P100
Family day care AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC
Convalescent centers H H H H H P AD P3 P40 AD AD96 AD96
Medical institutions H H H H H H H H H H29 H29 H H H H P H H H
L. VEHICLE RELATED ACTIVITIES
Car washes P P P AD2 P2
Fuel dealers H59 P
Industrial engine or
transmission rebuild
P28 P28 P28
Parking garage,
structured, commercial or
public
P P P P P20 P3 P P P92 P92
Parking, surface,
commercial or public,
existing
P29 P29 P29 P20 P3 AD
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EXHIBIT A
33
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Parking, surface,
commercial or public,
new
P29 P29 P29 P20 AD
Park and ride, dedicated P107 P107 P107 P107 P107 P107 P107 P107 P107
Park and ride, shared-use P P P P P P P P P P P P107 P109 P107 P P107 P107
Railroad yards P
Taxi stand P AD AD
Tow truck operation/auto
impoundment yard
P36 H59 P AD36
Transit centers H29 H29 H29 P H20 P H29 P P
Truck terminals P
Vehicle fueling stations P P P P P P29
Vehicle fueling stations,
existing legal
P P P AD P P P29
Vehicle rental, small P P P P20
Vehicle and equipment
rental, large
P29 P29 P29
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EXHIBIT A
34
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Vehicle service and
repair, large
AD2 P P
Vehicle service and
repair, small
P2 P2 P2 AD2 AD2 AD2
Wrecking yard, auto H59 H
Airplane manufacturing H59 P78 P78
Airplane manufacturing,
accessory functions
AC P78 P78
Airplane sales and repair P
Airport, municipal P
Airport-related or
aviation-related uses
AC
Helipads P111 H29 H29 H29 H H H78 H78
Helipads, commercial H H78 H78
M. STORAGE
Bulk storage P29 P29 P29
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EXHIBIT A
35
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Hazardous material
storage, on site or off site,
including treatment
H24 H24 H24
Fulfillment center AD11 AD11
Outdoor storage, existing P29 P29 P29 P64
Outdoor storage, new P29 P29 P29 P64
Self-service storage AD29 P59 P H17
Vehicle storage AD29 AD29 AD29
Warehousing AD11 AD11 AD11
Warehousing and
distribution
AD11 AD11
N. INDUSTRIAL
Assembly and/or
packaging operations
P P P P86 P86
Commercial laundries,
existing
P29 P29 P29 P4
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EXHIBIT A
36
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Commercial laundries,
new
P29 P29 P29
Construction/contractor’s
office
P P P
Craft distilleries with
tasting rooms, small
wineries, and micro-
breweries
P P P P P P P P
Industrial, heavy P14
Laboratories: light
manufacturing
P29 P29 P29 AD P20 P3 AD54 P86 P86
Laboratories: research,
development and testing
P28 P P H P20 AD3 AD H P86 P86
Manufacturing and
fabrication, heavy
H59 P67
Manufacturing and
fabrication, medium
P67 P67
Manufacturing and
fabrication, light
P P P AD29 P P
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EXHIBIT A
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USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Recycling collection and
processing center
P28 P28 P28 P29
Recycling collection
station
P P P P P P P P P
Sewage disposal and
treatment plants
H59 H
Waste recycling and
transfer facilities
H59 P
O. UTILITIES
Battery energy storage
system facility
Communication
broadcast and relay
towers
H H H H H H H H H H H29 H29 H29 H H H H H H
Electrical power
generation and
cogeneration
H H H66 H66 H66 H66 H66 H66 H66 H66 H66
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EXHIBIT A
38
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Utilities, small P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P P P P P P P P P P P
Utilities, medium AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD AD AD AD AD AD AD AD AD AD AD
Utilities, large H5 H5 H5 H5 H5 H5 H5 H5 H5 H5 H H H H H H H H H H H
Solar energy system,
ground-mounted, small-
scale
AC AC AC AC AC AC AC AC AC AC
P. WIRELESS COMMUNICATION FACILITIES
Amateur radio antenna AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8
Camouflaged WCF AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Concealed WCF AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Major alterations to
existing WCF structures
AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Minor alterations to
existing WCF structures
P P P P P P P P P P P P P P P P P P P P P
Monopole I support
structures
H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47
Monopole II support
structures
H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47
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EXHIBIT A
39
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF-
2 IL IM IH CN CV CA CD CO COR UC-1 UC-2
Small cells complying
with a preferred
concealment technique
P P P P P P P P P P P P P P P P P P P P P
Small cells submitting a
concealment element
plan
AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Stealth tower AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD
Q. GENERAL ACCESSORY USES
Accessory uses per
RMC 4-2-050 and as
defined in chapter 4-
11 RMC, where not
otherwise listed in Use
Table
AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC
Blank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory Use
P=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s)
Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement
District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations
158 of 294
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING NFC
Northwest, LLC AUTHORIZED TO DO BUSINESS WITHIN THE STATE OF
WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT,
PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS FACILITIES,
SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES,
UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS,
AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT-OF-WAY OF RENTON.
WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the
public Right of Way; and
WHEREAS, RCW 35A.47.040 grants the City broad authority to permit and regulate
non-exclusive franchises; and
WHEREAS, RMC 5-19 describes the City’s regulatory regime for franchises; and
WHEREAS, the City Council finds that it is in the best interests of the health, safety
and welfare of residents of the Renton community to grant a non-exclusive franchise to NFC
Northwest, LLC for the operation of an underground fiber optic telecommunications system
with the City Rights-of Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
159 of 294
ORDINANCE NO. ________
2
Table of Contents
SECTION I. Definitions ................................................................................................. 3
SECTION II. Purpose .................................................................................................... 7
SECTION III. Privileges Conveyed ................................................................................ 8
SECTION IV.Term ....................................................................................................... 11
SECTION V. Recovery of Costs ................................................................................... 11
SECTION VI. Assignment and Transfer of Franchise ................................................... 14
SECTION VII. Compliance with Laws - Reservation of Powers and Authority .............. 15
SECTION VIII. Non-exclusive Franchise ..................................................................... 16
SECTION IX. Permits, Construction and Restoration .................................................. 17
SECTION X. Coordination and Shared Excavations .................................................... 25
SECTION XI. Hazardous Materials .............................................................................. 26
SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s) ...................... 28
SECTION XIII. Records of Installation ........................................................................ 31
SECTION XIV. Undergrounding of Facilities ................................................................ 34
SECTION XV. Relocation of Franchisee Facilities ....................................................... 34
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities .............. 40
SECTION XVII. Termination, Violations, and Remedies .............................................. 42
SECTION XVIII. Dispute Resolution ............................................................................ 45
SECTION XIX. Arbitration ........................................................................................... 48
SECTION XX. Alternative Remedies ........................................................................... 50
SECTION XXI. Amendments to Franchise ................................................................... 50
SECTION XXII. Indemnification .................................................................................. 51
SECTION XXIII. Insurance .......................................................................................... 55
SECTION XXIV. Discrimination Prohibited .................................................................. 58
SECTION XXV. Notice ................................................................................................ 58
SECTION XXVI. Miscellaneous ................................................................................... 60
SECTION XXVII. Effective Date ................................................................................... 65
160 of 294
ORDINANCE NO. ________
3
SECTION I. Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized,
and words in the singular include the plural. Undefined words shall be given their common
and ordinary meaning.
1.1 Administrator: Means the Administrator of The City of Renton’s Community
and Economic Development Department or designee, or any successor office responsible
for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair,
and/or restore any Facility, and may include, but are not limited to, digging, boring, and/or
excavating to construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to
attorneys’ fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to,
poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches,
fixtures, and communication systems; and any and all other equipment, appliances,
attachments, appurtenances and other items necessary, convenient, or in any way
161 of 294
ORDINANCE NO. ________
4
appertaining to any and all of the foregoing, whether the same be located across, above,
along, below, in, over, through, or underground. Facilities do not include any noise-creating
equipment within the range of human hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future City of Renton Rights-of-Way for
public roads, alleys, avenues, highways, streets, and throughways (including the area
across, above, along, below, in, over, through, or under such area), laid out, platted,
dedicated, acquired or improved, and; all city-owned utility easements dedicated for the
placement and location of various utilities provided such easement would permit
Franchisee to fully exercise the privilege granted under this Franchise within the area
covered by the easement, without interfering with any governmental functions or other
franchises or easements.
1.8 Franchisee: Means NFC Northwest, LLC authorized to do business within the
State of Washington, and its respective successors and assigns, and agents, contractors (of
any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including but not limited to all
substances designated under: the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et
seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et
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seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide,
Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste
Management Act, RCW Chapter 70A.300, and the Washington Hazardous Waste Cleanup -
Model Toxics Control Act, RCW Chapter 70A.305, as they exist or may be amended; or any
other Laws. The term “Hazardous Substance” shall also be interpreted to include any
substance which, after release into the environment, will or may reasonably be anticipated
to cause death, disease, injury, illness, abnormalities, behavioral abnormalities, stunted or
abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance,
decree, executive order, governmental approval, permit, regulation, regulatory program,
order, rule, published specification, public standard, environmental law, or governmental
authority as they exist, may be amended, or created, that relate to telecommunications
services or terms of this Agreement, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80
(Utilities General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable
Television Service – Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for
Telecommunications), RCW Chapter 80.36 (Telecommunications), WAC Chapter 480-120,
et. seq., (Telephone Companies), RCW Chapter 35.96 (Electric and Communication
Facilities – Conversion to Underground), and any related Laws.
1.11 Parties: Means the City of Renton and NFC Northwest, LLC.
1.12 Public Property(ies): Means present and/or future property owned or leased
by Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
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1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement
(unless their use is otherwise restricted for other users), or other public Rights-of-Way for
motor vehicles or any other uses under Renton’s control and/or in its jurisdictional
boundaries, consistent with RCW 47.24.020 (City Streets as Part of State Highways:
Jurisdiction, control - Exception) and 47.52.090 (Limited Access Facilities: Cooperative
agreements — Urban public transportation systems — Title to highway — Traffic regulations
— Underground utilities and overcrossings — Passenger transportation — Storm sewers —
City street crossings).
1.14 Rights-of-Way: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480-80-030 (Utilities General – Tariffs
and Contracts: Definitions), or such similar definition describing rate schedules, rules and
regulations relating to charges and service as may be adopted by the regulatory authority
with jurisdiction, under the laws of the State of Washington, over public service companies
and/or competitive telecommunication service companies, and such competitive
companies must file tariffs in accordance with WAC 480-120-026 (Telephone Companies:
Tariffs), WAC Chapter 480-80 (Utilities General – Tariffs and Contracts).
1.16 WUTC: Means the Washington Utilities and Transportation Commission or
such successor regulatory agency having jurisdiction over public service and/or
telecommunication service companies.
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1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair
by, for, or at Franchisee’s request.
1.18 City of Renton: The City of Renton is a noncharter code city under the laws and
statutes of the State of Washington. Throughout the Franchise the term City, Renton and
City of Renton are used interchangeably all meaning the same.
SECTION II. Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council has authority to
permit and regulate nonexclusive franchises such as that contemplated under this
Ordinance. This Franchise is granted subject to Renton’s land use authority, public highway
authority, police powers, franchise authority, and any case law, statutory or inherent
authority.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions
relating to Franchisee’s use of the Franchise Area and to create a foundation for the Parties
to work cooperatively in the public’s best interests after this ordinance becomes effective.
This Franchise is conditioned upon the terms and conditions provided in this Franchise, and
Franchisee’s compliance with all Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks
or liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority
to grant other or further franchises in any Rights-of-Way and any Franchise Area. This and
other franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise
Area, or affect its jurisdiction over them or any part of them, and Renton retains absolute
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authority to make all changes, relocations, repairs, maintenance, establishments,
improvements, dedications or vacations of same as Renton may see fit, including the
dedication, establishment, maintenance and improvement of all new or existing Rights-of-
Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to authority under the Telecommunication Act
of 1996, § 253(c), RMC Chapter 5-19 (Telecommunication Licenses and Franchises) and the
laws of the State of Washington including, but not limited to, RCW 47.24.020 (City Streets
as Part of State Highways: Jurisdiction, control - Exception), RCW 47.52.090 (Limited Access
Facilities: Cooperative agreements — Urban public transportation systems — Title to
highway — Traffic regulations — Underground utilities and overcrossings — Passenger
transportation — Storm sewers — City street crossings), RCW 35A.47.040 (Highways and
Streets: Franchises and permits — Streets and public ways), RCW 35.22.280 (First Class
Cities: Specific powers enumerated), RCW 35.99.020 (Telecommunication, Cable
Television Service – Use of Right of Way: Permits for use of right-of way), and RCW 80.36.040
(Telecommunications: Use of road, street, and railroad right-of way – When consent of city
necessary), and any related laws, Renton grants to Franchisee, and its successors and
assigns (subject to and as provided for in Section VI, Assignment and Transfer of Franchise),
under this Franchise’s terms and conditions, the privilege to install, construct, operate,
maintain and improve its Facilities, together with all necessary equipment and
appurtenances, for the provision of telecommunications, telecommunications distribution
services, private line, and internet access services, within the existing Franchise Area, such
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lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the
Franchise Area in which Renton has an actual interest. It is not a warranty of title or interest
in the Franchise Area. This privilege shall not limit Renton’s police powers, any statutory or
inherent authority, jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning
or land use authority. The terms and conditions of this Franchise shall not be construed to
apply to Facilities located outside of the Franchise Area. This Franchise does not confer
upon Franchisee any privilege to install or use any Facilities outside the Franchise Area,
including City-owned or leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of
the Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services as those services are defined
in Washington state law. The Franchisee may use its Facilities’ excess capacity, however,
Franchisee may not use, convey, lease or share excess space within the Franchise Area
without prior written authorization from the City of Renton. In order for the City to determine
whether, and under what conditions, excess capacity may be authorized, Franchisee shall
timely notify the City’s representative identified at subsection 25.1 of this Agreement in
writing.
3.4 Franchise is Non-Exclusive: As detailed in Section VIII, below, Renton grants
this non-exclusive Franchise to Franchisee to operate, maintain and improve its existing
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Facilities as a telephone business and/or service provider (as those terms are used in RCW
35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its
acceptance of the granted privileges, that it has carefully read and fully comprehends the
terms and conditions of this Franchise. Franchisee accepts all risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and
states that it has fully studied and considered the requirements and provisions of this
Franchise and believes that the same are consistent with all Laws. If in the future Franchisee
becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use
such potential invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee
will promptly advise Renton of the potential invalidity or illegality, and the Parties will meet
within thirty (30) days and endeavor jointly to amend this Franchise to cure the alleged
invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
3.7 Existing Facilities Outside Franchise Area: Franchisee Facilities as they may
exist at the Effective Date of this Franchise and were installed and/or maintained on public
grounds or places in Renton under other Agreement(s) with the City may continue to be
maintained, repaired, and operated through the term of this Franchise subject to the terms
of this agreement; provided, however, that no such Facilities may be enlarged, improved or
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expanded without Renton’s prior review, written consent, and approval pursuant to the
provisions of any applicable Laws.
SECTION IV. Term
4.1 Length of Term:
a. Effective Date: Each of the provisions of this Franchise shall become effective
upon the later of Franchisee’s acceptance of the terms and conditions of this
Franchise and the City Council’s passage of this ordinance, and
b. Length of Term: Shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies.
c. Option for Renewal: At any time not more than two (2) years nor less than one
hundred and eighty (180) days before the expiration of the Franchise Term,
Franchisee may make a written request and Renton may consider, at its sole
discretion, renewing this Franchise for an additional five (5) year renewal period.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this
Franchise, to inspect Plans and construction, or for the preparation of a detailed statement
pursuant to the Washington State Environmental Policy Act (“SEPA”) (RCW Chapter
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43.21C). Where Renton incurs actual administrative expenses, including but not limited to
fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted
in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses
incurred. Renton employee time shall be calculated based on their rate of salary, including
applicable overtime, benefits and reasonable overhead, and all other costs will be billed
based on an actual cost basis. Payment shall be due within forty-five (45) days of receipt of
the invoice.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on
other similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural
gas business, service provider — Franchise fees prohibited — Exceptions), Renton may only
impose a franchise fee or any other Cost of whatever nature or description upon Franchisee
as is consistent with federal law.
5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees, as defined in the
City Fee Schedule or in this Franchise, associated with activities undertaken through the
authority granted in this Franchise or under Laws.
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5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City
agrees to simultaneously seek reimbursement from any Franchisee or permit holder who
caused or contributed to the emergency situation. Renton’s “response to emergency” for
the purposes of this Franchise is defined in subsections 9.5 and 12.1 through 12.3.
5.7 City Costs to be Reimbursed: City will provide documentation of reasonably
incurred costs, itemized by project, for Franchisee’s proportionate share of all actual,
identified expenses incurred by Renton in planning, constructing, installing, repairing,
altering, or maintaining any City facility as the result of the presence of Franchisee’s
Facilities in the Right-of-Way. Such costs and expenses shall include but not be limited to:
a. Franchisee’s proportionate cost of City personnel assigned to oversee or
engage in any work in the Rights-of-Way as the result of the presence of Franchisee’s
Facilities in the Rights-of-Way.
b. Franchisee’s proportionate share of any City of Renton time spent reviewing
construction plans in order to either accomplish the relocation of Franchisee’s
Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
c. The time of City employees shall be charged at their respective rate of salary,
including overtime if applicable, plus benefits and reasonable overhead. Any other
costs will be billed proportionately on an actual cost basis.
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5.8 Reimbursement period: Franchisee shall reimburse Renton within forty-five
(45) days of Renton’s submittal of an itemized billing.
5.9 All billings will be itemized so as to specifically identify the costs and expenses
for each project for which the City claims reimbursement. A charge for the actual costs
incurred in preparing the billing may also be included in said billing. At the City’s option, the
billing may be on an annual basis, but the City shall provide the Franchisee with the City’s
itemization of costs, in writing, at the conclusion of each project for informational purposes.
SECTION VI. Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or
permit to be forfeited this Franchise, either in whole or in part, without the advance written
consent of the City Council of Renton by passage of an ordinance or resolution; such
consent shall not be unreasonably withheld. Such consent shall not be deemed to waive
any of Renton’s rights to subsequently enforce Franchise related non-compliance issues
that existed at or before Renton’s consent.
a. Any telecommunications assignee or transferee shall, at least thirty (30) days
prior to the date of any assignment or transfer, file written notice of the assignment
or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions.
b. The Franchise terms and conditions shall be binding upon the Parties’
respective assigns and successors.
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c. Notwithstanding the foregoing, Franchisee may pledge the Franchise for
security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor.
d. The rights of any transferee are subject at all times to the terms and conditions
of this Franchise, and no transferee will have any greater rights under this Franchise
than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and
all of its terms and conditions.
SECTION VII. Compliance with Laws - Reservation of Powers and Authority
7.1 Compliance: In every aspect related to this Franchise, including but not
limited to all Work, Franchisee shall comply with all applicable Laws, whether specifically
mentioned in this Franchise or not.
7.2 Incorporation of RMC 5-19, Telecommunications Licenses and Franchises:
The conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully
incorporated by reference into this Franchise. If a discrepancy arises between this Franchise
and RMC Chapter 5-19 or any other law, then the most restrictive measure shall apply.
7.3 Legitimate Municipal Interest: As to matters subject to the terms and
conditions of this Franchise, if Renton determines during the Franchise term that the
assertion of a legitimate municipal interest is prohibited by application of federal or state
law, then as to such matter and such municipal interest and consistent with its legal
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obligations, Franchisee shall cooperate with Renton in a good faith effort to address such
municipal interest. In this context, neither Party shall invoke this Franchise as a basis to
assert that its consideration of a given issue is excused by operation of the doctrines of
estoppel or waiver.
7.4 Reference to Specific Law or Order: Upon a reasonably justified written inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or
the WUTC order or action establishing a basis for Franchisee’s actions related to a specific
Franchise issue.
SECTION VIII. Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive,
and as a result, Renton expressly reserves the right to grant other or further franchises or to
use the Franchise Area itself; provided that such uses do not unreasonably interfere with
Franchisee’s use and placement of its Facilities in any Rights-of-Way and/or any Franchise
Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit,
limit or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all
of its statutory, inherent and other powers and franchise authority, as they exist or shall
exist.
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SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities
within the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property.
9.2 Permit Application Required: Exception to timing in the event of an emergency
defined in Section XII Permits shall vest in accordance with RMC 4-1-045.
a. Franchisee shall first obtain (be issued) all required documentation and
approvals, including permits from Renton to perform Work on Franchisee’s Facilities
within the Franchise Area.
i. The permit application shall contain detailed plans, maps and
specifications showing the position, depth and location of the Franchisee’s
proposed new and/or existing Facilities in relation to existing public and private
utilities within a minimum horizontal distance of ten (10) feet from the proposed
new Facilities, collectively referred to as the “Plans.”
ii. The permit application shall include payment of the associated fees.
iii. The Plans shall specify the class and type of material and equipment
to be used, manner of excavation, construction, installation, backfill, erection of
temporary structures and facilities, erection of permanent structures and
facilities, horizontal and vertical separation from public utilities, applicable
easements, site specific traffic control signed by a traffic control specialist, traffic
turnouts and road obstructions, and all other necessary information.
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iv. Permits shall not be unreasonably withheld or delayed after
submission of a complete application.
v. Franchisee may engage subcontractors or other entities submit a
permit application on behalf of the Franchisee. For each subcontractor or other
entity Franchisee elects to submit on their behalf, the Franchisee must submit to
the City a Letter of Authorization in a format that is acceptable to the City.
b. Work shall only commence upon the issuance of required permits.
Franchisee shall schedule an inspection any time that Franchisee is performing Work
within the Franchise Area to allow Renton to inspect such work. Inspections shall be
scheduled as identified on the issued permit.
c. Nothing in this Agreement is intended, nor should be construed, to guarantee
any permit is issued.
d. Franchisee shall submit to Renton as-built plans and, digital facility location
data in a format compatible with Renton’s geographic information system.
9.3 Work Performed – Safety: During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors of any tier shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free
passage of traffic and the free use of adjoining property, whether public or private.
Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights,
flares and other traffic control measures as required for the safety of all members of the
general public and comply with all applicable safety regulations during such period of
construction as required by the ordinances of the City or the laws of the State of Washington,
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including RCW 39.04.180 for the construction of trench safety systems. The provision of this
section 9.3 shall survive the expiration or termination of this Franchise to the extent that
Franchisee continues to have Facilities in the Rights-of-Way.
9.4 Work Performed – Licensing and Compliance with Franchise Agreement:
Franchisee’s contractors of any tier shall be licensed and bonded in accordance with State
law and the City’s ordinances, regulations, and requirements. Work by contractors of any
tier are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its
contractors of any tier and others performing work on its behalf as if the work were
performed by Franchisee and shall ensure that all such work is performed in compliance
with the Franchise and applicable law.
9.5 Underground Installation: Boring Preferred. Work involving underground
installation of Franchisee’s facilities within City streets shall be accomplished through
boring rather than open trenching whenever reasonably feasible. Prior to boring, Franchisee
shall “pothole” all existing City utilities, private utilities and other pressurized systems to
ensure vertical separation requirements are met. When directed by the City, Franchisee
shall CCTV Renton-owned sewer and storm drain lines and privately owned sewer and storm
drain lines connected to the City system within the Right-of-Way or utility easement, on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton-owned lines were not damaged by the boring work.
Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
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9.6 Work Performed – Repair of Damage. Any utility, public or private, that is
damaged by the Franchisee shall be repaired by the Franchisee at no cost to Renton or the
private utility owner.
9.7 Facility Placement: The City reserves the right to limit or exclude Franchisee’s
access to a specific route, Right-of-Way or other location when, in the judgment of the
Administrator or designee, there is inadequate space (including but not limited to
compliance with ADA clearance requirements and maintaining a clear and safe passage
through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public
property, public expense, inconvenience, interference with City utilities, inability to achieve
utility separation (unless otherwise approved on a case-by-case basis), or as otherwise
reasonably determined by the Administrator or designee. The decision of the Administrator
for Facility Placement is final and not subject to administrative appeal.
9.8 Lateral Support – Duty to Not Impair: Whenever Work on Facilities have
caused or contributed to a condition that in the City of Renton’s sole determination will or
has substantially impair the lateral support of the Franchise Area, Renton may direct
Franchisee, at Franchisee’s sole expense, to take such actions as are reasonably necessary
within the Franchise Area to repair and/or not impair the lateral support. If Franchisee fails
or refuses to take prompt action, or if an emergency situation requires immediate action,
Renton may enter the Franchise Area and take any action necessary to protect the public,
any Public Way, Public Property, and Rights-of-Way, and Franchisee shall be liable to
Renton for all costs, fees, and expenses resulting from that necessary action in accordance
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with sections 5.7, 5.8, and 5.9. This provision shall survive the expiration, revocation or
termination of this Franchise for a period of five (5) years.
9.9 Limits on Construction: No park, public square, golf course, street Rights-of-
Way or public place of like nature shall be bored, trenched, excavated or damaged by
Franchisee if there is a substantially equivalent alternative. The determination of there being
a substantially equivalent alternative shall be at the sole determination of Renton.
9.10 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee
shall, upon the Renton’s request, furnish a bond executed by Franchisee and a corporate
surety authorized to operate a surety business in the State of Washington, in such sum as
may be set and approved by Renton as sufficient to ensure performance of Franchisee’s
obligations under this Franchise. Franchisee shall post a performance bond in the amount
of one hundred thousand dollars ($100,000) that shall remain in effect for the term of this
Franchise. The bond shall be conditioned so that Franchisee shall observe all the
covenants, terms, and conditions and shall faithfully perform all of the obligations of this
Franchise, and to repair or replace any defective Work or materials discovered in the
Franchise Area. The bond shall ensure the faithful performance of Franchisee’s obligations
under the Franchise, including, but not limited to, Franchisee’s payment of any penalties,
claims, liens, or fees due Renton that arise by reason of the operation, construction, or
maintenance of the Facilities within the Franchise Area. Franchisee shall pay all premiums
or other costs associated with maintaining the bond. Additionally, if Renton determines that
the performance bond is inadequate to ensure Franchisee’s performance of a project,
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Franchisee shall post any additional bonds required to guarantee performance by
Franchisee in accordance with the conditions of any permits and/or the requirements of this
Franchise. In lieu of a separate bond for routine individual projects involving work in the
Franchise Area, Franchisee may satisfy Renton’s bond requirements by posting a single on-
going performance bond in an amount approved by Renton.
9.11 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on
its behalf, including all Work performed by contractors of any tier, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton,
and be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interfere with other franchises,
licenses, public or private utilities, or other structures, or the Franchise Area, and shall not
unreasonably interfere with public travel, park uses, other municipal uses, adjoining
property, and shall not endanger the safety of or injure persons and property. Franchisee’s
Work shall comply with all applicable Laws.
9.12 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using
materials and installation methods that are in full compliance with City standards and shall
verify this by the submittal of documentation of materials and testing reports when
requested by Renton. All costs for performing on-site testing, such as compaction tests,
shall be borne by Franchisee.
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9.13 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to
conditions that meet or exceed City standards, at its own cost and expense. Franchisee
shall, upon discovery of any such damage, immediately notify Renton per Section XXV.
Renton will inspect the damage, and set a time limit for completion of the repair. If Renton
discovers damage caused by Franchisee to the Franchise Area at any point in time, Renton
will give Franchisee notice of the damage and set a reasonable time limit in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s
sole expense, billed in accordance with sections 5.7, 5.8, and 5.9.
9.14 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities),
or an approved equivalent, and shall comply with all applicable Laws. Prior to doing any work
in the Rights-of-Way, the Franchisee shall follow established procedures, including
contacting the Utility Notification Center in Washington and comply with all applicable State
statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further,
upon request, by the City or a third party, Franchisee shall locate its Facilities consistent
with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages
to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a
direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits
and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
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9.15 Restoration Requirements: Franchisee shall, after Work on any of
Franchisee’s Facilities within the Franchise Area, restore the surface of the Franchise Area
and any other property within the Franchise Area which may have been disturbed or
damaged by such Work. All restoration of Rights-of-Way, sidewalks and other improvements
or amenities shall conform to RMC 9-7 (Road, Bridge And Municipal Construction
Standards), RMC 9-10-11 (Trench Restoration And Street Overlay Requirements) and City of
Renton Standard Details in effect at that time, and must be warranted for at least two (2)
years. Restoration shall include all landscaping, irrigation systems and trees. Renton shall
have final approval of the condition of the Franchise Area after restoration pursuant to
applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.16 Survey Monuments: All survey monuments which are disturbed or displaced
by Franchisee in its performance of any work under this Franchise shall be referenced and
restored by Franchisee, in accordance with WAC 332-120 (Survey Monuments – Removal or
Destruction), and other applicable Laws.
9.17 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written
notice including a description of actions Renton believes necessary to restore the Franchise
Area. If Franchisee fails to restore the Franchise Area in accord with Renton’s notice within
thirty (30) days of that notice, or such other period of time that is mutually agreed consistent
with Section XVII, Renton, or its authorized agent, may restore the Franchise Area at
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Franchisee’s sole and complete expense in accordance with sections 5.7, 5.8, and 5.9.The
failure by Franchisee to complete such repairs shall be considered a breach of this
Franchise and is subject to remedies by the City pursuant to Section XVII of this Agreement.
The privilege granted under this section shall be in addition to others provided by this
Franchise.
9.18 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee
to install any new telecommunications lines or Facilities without Renton’s express prior
written consent in the form of a permit(s) as provided for in this Section IX.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any
Work that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or
hindrance to any construction work undertaken by themselves or utilities within the
Franchise Area. At a minimum, such efforts shall include reasonable and diligent efforts to
keep the other Party and other utilities within the Franchise Areas informed of its intent to
undertake Work through regularly scheduled meetings. Franchisee and Renton shall further
each exercise its best efforts to minimize any delay or hindrance to any construction work
either may undertake within the Franchise Area. Any associated costs caused by any
construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
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Renton’s request, also attend construction meetings pertaining to performance of Work
within the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be
made within the Franchise Area, the Party causing such excavation to be made shall afford
the other, upon receipt of a written request to do so, an opportunity to use such excavation,
provided that: (a) such joint use shall not unreasonably delay the work of the Party causing
the excavation to be made; and (b) such joint use shall be arranged and accomplished on
terms and conditions satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area
without prior written approval of Renton. Renton will not unreasonably withhold approval,
but such application must be in conformance to the aquifer protection regulations of Renton
then in place. If Franchisee shall first obtain Renton’s approval to apply a specific product
in accordance with a defined procedure on an ongoing basis throughout the Franchise Area,
it shall not thereafter be necessary for Franchisee to obtain Renton’s approval on each
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occasion such product is applied in accordance with such procedure unless such specified
product becomes subject to increased regulatory requirements or prohibitions. Franchisee
shall notify Renton of any accident by Franchisee involving Franchisee’s use of Hazardous
Substances within the Franchise Area.
11.2 Release of Hazardous Substance:
a. Upon notice or discovery of a significant release of any Hazardous Substance
caused by Franchisee or expressly authorized by Franchisee to occur upon the
Franchise Area and Facilities covered by this Franchise, that does not constitute an
“emergency” subject to Section XII of this Agreement, Franchisee shall notify Renton
within twenty-four (24) hours of discovery.
b. If the encountered or suspected Hazardous Substances are not the result of
the acts or omissions of Franchisee, Renton shall, at its own expense, determine if
the material is hazardous, in accordance with applicable Laws.
i. If the material is found to be hazardous, Renton shall, at its own
expense, if possible, remove, dispose, or otherwise handle such Hazardous
Substances, as necessary, in accordance with applicable Laws.
ii. If Hazardous Substances are removed, Renton also shall provide
substitute nonhazardous substance(s) to replace the removed substance for
Franchisee to use in its operation, if necessary.
iii. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of
schedule delays incurred due to the delay in operation.
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c. If the encountered or suspected Hazardous Substances within the Franchise
Area are the result of Franchisee’s acts or omissions, Renton’s characterization of
the substances involved and any removal, disposal, or other handling costs incurred
in connection with the removal, disposal, or handling of the hazardous substances
will be at Franchisee’s sole expense. Franchisee shall be solely responsible for any
expense or cost related to environmental mitigation requirements imposed, by
operation of applicable Laws or otherwise.
SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s)
12.1 In the event of any emergency in which any of Franchisee’s Facilities located
in the Rights-of-Way breaks, fall, becomes damaged, or if Franchisee’s Facilities are
otherwise in such a condition as to immediately endanger the property, life, health or safety
of any person, entity or the City, Franchisee shall immediately take the proper emergency
measures to repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of any person, entity or the City without first
applying for and obtaining a permit as required by this Franchise. (see also section 15.3 of
this Agreement related to Emergency Relocation of Facilities in the event of an emergency
not related to Franchisee)
a. This clause 12.1 is not intended, and should not be construed, to relieve
Franchisee from the requirement of obtaining any permits necessary for this
purpose, and Franchisee shall apply for all such permits not later than the next
succeeding day during which the Renton City Hall is open for business.
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b. The City retains the right and privilege to cut, move, or remove any Facilities
located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety
emergency.
c. Franchisee shall provide all necessary equipment and personnel to safely and
expeditiously repair its facilities and provide all necessary traffic control pursuant to
the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) in
effect at the time of the emergency giving rise to the need.
12.2 Franchisee shall immediately and at the first possible time notify the City
according to Section XXV of this Agreement of any emergency or outage that affects, or is
expected to affect, any City customer or City access in any amount.
12.3 The City shall not be liable for any damage to or loss of Facilities within the
Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on
behalf of the City, except to the extent caused by the sole negligence or willful misconduct
of the City, its employees, contractors, or agents. The City shall further not be liable to
Franchisee for any direct, indirect, or any other such damages suffered by any person or
entity of any type as a direct or indirect result of the City’s actions under this section 12
except to the extent caused by the sole negligence or willful misconduct of the City, its
employees, contractors, or agents.
12.4 Whenever the construction, installation or excavation of Facilities authorized
by this Franchise has caused or contributed to a condition that appears to substantially
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impair the lateral support of the adjoining street or public place, or endangers the public, an
adjoining public place, street, electrical or telecommunications utilities, City utilities, or City
property, the Community and Economic Development Administrator or designee, may
direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the
public, adjacent public places, City property or street utilities, and such action may include
compliance within a prescribed time. In the event that Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with such directions,
or if emergency conditions exist which require immediate action, before the City can timely
contact Franchisee to request Franchisee effect the immediate repair, the City may access
the Facilities and take such reasonable actions as are necessary to protect the public, the
adjacent streets, City utilities, or street, electrical or telecommunications utilities, or to
maintain the lateral support thereof, or reasonable actions regarded as necessary safety
precautions, and Franchisee shall be liable to the City for the costs thereof.
12.5 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary
to discharge its public service obligations in accordance with the laws of the State of
Washington.
12.6 Extraordinary Costs: Nothing in this section is intended, nor shall it be
construed, as preventing Renton from recovering from Franchisee, if otherwise so entitled
in accordance with applicable Laws, any extraordinary costs in responding to an emergency
situation involving Franchisee’s Facilities.
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SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however,
any such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall
such plan be construed as a proposal to undertake any specific improvements within the
Franchise Area.
13.2 As-Built Drawings: Following the initial construction and installation of
Facilities, Franchisee shall provide the City with accurate copies of as-built plans and maps
prepared by Franchisee’s design and installation contractors. These plans and maps shall
be provided at no cost to the City, and shall include digital files in AutoCAD, or other industry
standard readable formats that are acceptable to the City and delivered electronically.
Further, Franchisee shall provide such maps within thirty (30) days following a request from
the City. Franchisee shall warrant the accuracy of all plans, maps and as-builds provided to
the City.
13.3 Within thirty (30) days of a written request from the Administrator or designee,
Franchisee shall furnish the City with information sufficient to demonstrate: 1) that the
Franchisee has complied with all applicable requirements of this Franchise; and 2) that any
and all utility taxes due to the City in connection with the Franchisee have been paid.
13.4 All books, records, maps and other documents maintained by Franchisee
with respect to its Facilities within the Rights-of-Way shall be made available for inspection
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by the City at reasonable times and intervals; provided, however, that nothing in this section
13.4 shall be construed to require Franchisee to violate state or federal law regarding
customer privacy, nor shall this section 13.4 be construed to require Franchisee to disclose
proprietary or confidential information without adequate safeguards for its confidential or
proprietary nature.
13.5 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall
disclose such information that is required under applicable law to comply with a utility tax
audit. Franchisee shall be responsible for clearly and conspicuously identifying the work as
confidential or proprietary and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or Federal law. In
the event that the City receives a public records request under Chapter 42.56 RCW or similar
law for the disclosure of information Franchisee has designated as confidential, trade
secret, or proprietary, the City shall promptly provide written notice of such disclosure so
that Franchisee can take appropriate steps to protect its interests.
13.6 Disclosure to Third-Parties:
a. Nothing in section 13.4 or 13.5 prohibits the City from complying with Chapter
42.56 RCW or any other applicable law or court order requiring the release of public
records, and the City shall not be liable to Franchisee for compliance with any law or
court order requiring the release of public records. The City shall comply with any
injunction or court order obtained by Franchisee that prohibits the disclosure of any
such confidential records; however, in the event a higher court overturns such
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inunction or court order and such higher court action is or has become final and non-
appealable, Franchisee shall reimburse the City for any fines or penalties imposed
for failure to disclose such records as required hereunder within sixty (60) days of a
request from the City.
b. Disclosure to Third Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton
solely for management of the Franchise Area. Renton shall take all prudent steps
reasonably necessary to prevent unnecessary disclosure or dissemination of such
drawings, maps, records and/or information to any Third-Party without the prior
notice to Franchisee, unless the Third-Party is an authorized governmental entity of
any tier or a public records requestor. Renton will provide Franchisee with notice of
any public records request for Franchisee paperwork as soon as reasonably
practicable.
13.7 Design Locates: Upon Renton’s written request, or in connection with the
design of any public works project, including any public utility whether provided by Renton
or another utility district, Franchisee shall field verify and mark the location of its
underground Facilities within the Franchise Area
13.8 Utility Locates: Notwithstanding the foregoing, nothing in this section is
intended (nor shall be construed) to relieve either Party of their respective obligations arising
under applicable Laws with respect to determining the location of utility facilities.
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SECTION XIV. Undergrounding of Facilities
14.1 Undergrounding Required for New Facilities: Pursuant to regulation under
RMC 4-6-090.C (Applicability), as those regulations may be amended or revised, all new
Facilities installed within the Franchise Area during the term of this Franchise shall be
located underground, consistent with the RMC, unless it is unfeasible in Renton’s
reasonable estimation for it to be done; provided that installation of wires, cables, conduits
and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
above ground within a one (1) mile horizontal distance from all elements of the proposed
project, Franchisee may install its Facilities above ground. Any new Facilities to be located
above ground shall be placed on existing utility poles. No new utility poles shall be installed
in connection with placement of new above ground Facilities.
SECTION XV. Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of
the Franchise Area for the construction, installation, maintenance replacement, expansion
and repair of its roadways, utilities, improvements and infrastructure, and capital
improvement projects, and should any conflict arise with Renton facilities, Franchisee shall,
at its own cost and expense, conform to Renton’s utilities, improvements and infrastructure
and capital improvement projects, provided that, whenever Renton or a partner agency
undertakes any public works improvement within the Franchise Area, and such public works
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improvement necessitates the relocation of Franchisee’s then existing Facilities within the
Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate
a public works improvement, and if applicable, written notice requesting such
relocation; and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement; and
c. Provide Franchisee with contact information for the designated City project
manager responsible for the public works improvement project for which all
communication pertaining to the project scope shall be coordinated with unless
directed otherwise by designee or otherwise required by this Franchise.
15.2 Franchisee Relocation Plans: Unless a longer period is specified by the City
project manager, within 60 days of receipt of such notice and such plans and specifications,
as identified in section 15.1, Franchisee shall:
a. Provide the City with a designated Franchisee project manager to be the sole
contact point for all communication pertaining to the project scope unless directed
otherwise by designee or required by this Franchise.
b. Submit to the City’s project manager the Franchisee plan drawings for the
relocation of the Franchisee Facilities in advance of the preparation of the City’s final
plans and specifications for incorporation into the City’s construction plans.
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c. Submit to the City’s project manager a proposed construction schedule for
review and approval. The City’s project manager and Franchisee’s project manager
shall coordinate the schedule in reasonable and good faith.
15.3 Franchisee Relocation Work:
a. City project manager shall provide Franchisee project manager a written
notice to proceed. The relocation completion date will be included in the City’s
written request for said relocation to Franchisee.
b. To prevent delay to the City’s project, upon receipt of notice per 15.3.a,
Franchisee shall complete the relocation work as per the schedule in 15.2.c, unless
otherwise agreed upon by the City’s project manager.
c. Franchisee shall relocate such Facilities within the Franchise Area at no
charge to the City, except that if the City pays for or reimburses the relocation costs
of another telecommunications utility, under materially identical circumstances, it
shall pay for or reimburse a proportionate share of Franchisee’s relocation costs.
Franchisee shall be solely responsible for any associated cost caused by any
construction delays to the City’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities in
accordance with sections 15.8 through 15.11.
15.4 Emergency Relocation of Facilities: In the event an emergency posing a threat
to public safety or welfare that is not related to a release of hazardous materials or
substances requires the relocation of Franchisee’s Facilities within the Franchise Area,
Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
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Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to
relocate the affected Facilities, at Franchisee’s sole expense. See also section 12.1 of this
Agreement.
15.5 Third-Party Construction: Whenever any person or entity, other than Renton
or its partner agency(ies) requires the relocation of Franchisee’s Facilities to accommodate
the work of such person or entity within the Franchise Area; or, Renton requires any Third-
Party to undertake work (other than work undertaken at Renton’s cost and expense) within
the Franchise Area and such work requires the relocation of Franchisee’s Facilities within
the Franchise Area, Franchisee may condition such relocation to require such person or
entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee
for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee’s
Facilities.
15.6 Third-Party Construction of Public Utility Improvement Project: Any condition
or requirement imposed by Renton upon any Third-Party (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conjunction with approvals
or permits obtained pursuant to any zoning, land use, construction or other development
regulation) which requires the relocation of Franchisee’s Facilities within the Franchise
Area, then Franchisee shall relocate its Facilities; provided, however, in the event Renton
reasonably determines and notifies Franchisee that the primary purpose of imposing such
condition or requirement upon such Third-Party is to cause or facilitate the construction of
a public works project to be undertaken within a segment of the Franchise Area on Renton’s
behalf and consistent with Renton’s Capital Investment Program or its Transportation
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Improvement Program; or the Transportation Facilities Program, then only those costs and
expenses incurred by Franchisee in reconnecting such relocated Facilities with
Franchisee’s other Facilities shall be paid to Franchisee by such Third-Party, and Franchisee
shall otherwise relocate its Facilities within such segment of the Franchise Area in
accordance with subsection 15.1.
15.7 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost
and expense is to be borne by Franchisee, Franchisee may, after receipt of written notice
requesting such relocation, submit in writing to Renton alternatives to relocation of its
Facilities.
a. Upon Renton’s receipt from Franchisee of such written alternatives, Renton
shall evaluate such alternatives and shall advise Franchisee in writing if one or more
of such alternatives are suitable to accommodate the work which would otherwise
necessitate relocation of Franchisee’s Facilities.
b. In evaluating such alternatives, Renton shall give each alternative proposed
by Franchisee fair consideration with due regard to all facts and circumstances
which bear upon the practicality of relocation and alternatives to relocation. If
Renton determines that such alternatives are not appropriate, Franchisee shall
relocate its Facilities as provided in subsection 15.1.
c. The City may seek reimbursement from Franchisee for all costs associated
with evaluation and implementation of proposed alternatives. Costs shall be related
to implementation, but is not limited to, redesign, construction cost increases and
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any contractor(s) change orders or claims for delays or damages. All costs shall be
reimbursed in accordance with sections 5.7 through 5.9.
15.8 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit
of easement or other rights not arising under this Franchise.
15.9 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third-Party actions, claims, damages,
liabilities, or suits for delays on Renton’s construction projects arising from or caused by
Franchisee’s failure to remove or relocate it Facilities in a timely manner, though Franchisee
shall not be liable for damages due to delays that were out of Franchisee’s reasonable or
expected control.
15.10 Contractor Delay Claims: If Franchisee breaches its obligations under
Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this
section with respect to relocating its Facilities, and to the extent such breach causes a delay
in the work being undertaken by the City of Renton s third party contractor(s) that result in a
claim by the third party contractor(s) for costs, expenses and/or damages that are directly
caused by such delay and are legally required to be paid by the City (each, a “Contractor
Delay Claim”), the City may at its sole option:
a. Tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with section 15.10; or
b. Require that Franchisee reimburse the City for any such costs, expenses,
and/or damages that are legally required to be paid by the City to its third party
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contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the
City requires reimbursement by Franchisee under this section 15.8.b, the City shall
first give Franchisee written notice of the Contractor Delay Claim.
15.11 Failure to Remove or Relocate Facilities: If Franchisee fails, neglects, or
refuses to remove or relocate its Facilities as directed by the City following the procedures
outline in this section XV, then after fifteen (15) days’ notice to Franchisee, the City may
perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee
pursuant to sections 5.7, 5.8, and 5.9.
15.12 Survival: The provisions of this Section XV shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have Facilities in
the Rights-of-Way.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation
of use of any of its Facilities within sixty (60) days after such abandonment or cessation of
use. Franchisee shall notify the City in writing for such planned abandonment or cessation
and include a site plan showing all Facilities, including respective size and material type,
planned for abandonment or cessation. Any plan for abandonment or removal of
Franchisee’s Facilities within the Franchise Area must be first approved in writing by the
Administrator, or designee. Unless otherwise determined acceptable, for any Facility
Franchisee is authorized to abandon, the Franchisee shall remove all wire and associated
appurtenances. Franchisee covenants and agrees that for any request for abandonment or
cessation, the City may elect to take ownership of the Facilities. In such case the City elects
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to take ownership of the Facilities, the City shall prepare a Bill of Sale (BOS) for Franchisee
to review and sign within thirty (30) days.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation
of use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation
of use, remove the Facilities at Franchisee’s sole expense. However, with Renton’s express
written consent, Franchisee may, at Franchisee’s sole cost and expense, secure the
Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing
all lines, conduits and appurtenances, in compliance with all Laws, and abandon them in
place, provided that any above ground Facilities shall be removed at Franchisee’s sole
expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities,
to the extent reasonably possible, Franchisee shall restore the Franchise Area in
accordance with the Trench Restoration and Street Overlay requirements as it exists or may
be amended. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the
Facilities and/or fails to restore the premises or take such other mutually agreed upon
action, Renton may, after reasonable notice to Franchisee, remove the Facilities, restore the
premises or take such other action as is reasonably necessary at Franchisee’s sole expense
and Renton shall not be liable for any damages, losses or injuries. This remedy shall not be
deemed to be exclusive and shall not prevent Renton from seeking a judicial order directing
Franchisee to remove its Facilities.
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16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs
to remove, alter or re-secure such Facilities in the future in the event it is reasonably
determined, as adjudged in Renton’s sole discretion, that removal, alteration or re-securing
the Facilities is necessary or advisable for the health, safety, necessity and/or convenience
of the public, in which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If either Party provides notice in accordance with Section XXV of
this Agreement that it does not wish to renew, extend and/or continue the Franchise, this
Franchise shall be terminated as of the expiration date described in Section IV.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain
any required license, permit or approval, and fails to cure such breach or failure within thirty
(30) days of Renton providing Franchisee with written notice specifying with reasonable
particularity the nature of any such alleged breach or failure, or, if not reasonably capable
of being cured within thirty (30) days, within such other reasonable period of time as the
Parties may agree upon, Renton may terminate this Franchise, without any penalty, liability,
cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated prior to the
expiration date of this Franchise except upon a majority vote of the City Council, after
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reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before
the hearing) and an opportunity to be heard, provided that if exigent circumstances
necessitate immediate termination, the hearing may be held as soon as possible after the
termination.
17.4 Discontinue Operations:
a. If the Franchise is terminated, Franchisee shall immediately discontinue operation
of Facilities through the Franchise Area.
b. In such circumstances, either Party may invoke the dispute resolution provisions
in Section XVIII. Alternatively, either Party may elect to seek relief directly in the United
States District Court for the Western District of Washington, in Seattle, Washington, or in
the King County Superior Court for the State of Washington at the Maleng Regional Justice
Center, Kent, Washington, in which case the dispute resolution requirements shall not be
applicable. Once Franchisee’s privilege has terminated, Franchisee shall comply with
Franchise provision regarding removal and/or abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular
remedy at any time shall not waive Renton’s right to terminate, assess penalties, or assert
any equitable or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and
to restore the Franchise Area.
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17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties
to comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Party violates such covenant. Therefore, the Parties shall have the right to obtain in any court
of competent jurisdiction injunctive relief to restrain any breach or threatened breach, or to
specifically enforce any of the Franchise covenants should the other Party fail to perform
them.
17.8 Except as limited by Section XIX “Arbitration,” The City may elect, without any
prejudice to any of its other legal rights and remedies, to obtain an order from the superior
court having jurisdiction compelling Franchisee to comply with the provisions of the
Franchise and to recover damages and costs incurred by the City by reason of Franchisee’s
failure to comply. In addition to any other remedy provided herein, the City reserves the right
to pursue any remedy to compel or force Franchisee and/or its successors and assigns to
comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein. Provided, further, that by entering into this Franchise, it is not the
intention of the City or Franchisee to waive any other rights, remedies, or obligations as
otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed
or construed to effect any such waiver.
17.9 If Franchisee shall violate, or fail to comply with any of the provisions of this
Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
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provisions of this Franchise, the City shall provide Franchisee with written notice specifying
with reasonable particularity the nature of any such breach and Franchisee shall undertake
all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee’s submittal of a plan to cure the breach within the specified period,
commencement of work within the original thirty (30) day cure period, and diligent
prosecution of the work to completion. If the breach is not cured within the specified time,
or Franchisee does not comply with the specified conditions, the City may, at its discretion,
(1) revoke this Franchise with no further notification, or (2) claim compensatory damages of
two hundred fifty dollars ($250) per day or (3) pursue other remedies as described in section
17.9 above. Liquidated damages described in this section 17.10 shall not be offset against
any sums due to the City as a tax or reimbursement pursuant to code or this Franchise.
17.10 Non-Waiver: The Failure of the City to insist upon strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any
such covenants, agreements or option or any other covenants, agreements or option.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee
shall provide a written response to Renton acknowledging receipt of notice and stating
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Franchisee’s response. Franchisee has thirty (30) days (“cure period”) from the date of the
notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2; or
b. Cure the alleged default; or
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance
with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting
shall take place not less than ten (10) days after Franchisee’s receipt of notice of the
meeting. Each Party shall appoint a representative who shall attend the meeting, represent
their party’s interests, and who shall exercise good faith to reach an agreement on any
alleged default and/or any corrective action to be taken. Any dispute (including any dispute
concerning the existence of or any corrective action to be taken to cure any alleged default)
that is not resolved within ten (10) days following the conclusion of the meeting shall be
referred by the Parties’ representatives in writing to the Parties’ senior management for
resolution. If senior management is unable to resolve the dispute within twenty (20) days of
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referral (or such other period as the Parties may agree upon), each Party may pursue
resolution of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall
be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for
in subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute
or agree upon the existence of a default or the corrective action to be taken to cure any
alleged default, Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the
city code; provided such action does not conflict with this Franchise’s provisions;
and/or
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of
or related to Sections III, Grant of Franchise (or such other sections with respect to
the existence of conflicts or inconsistencies with the express terms and conditions
of this Franchise and any applicable Laws); XIII, Records of Installation; XIV,
Undergrounding of Facilities (except as preempted by WUTC authority); and XV,
Relocation of Franchisee Facilities (excluding project delay claims exceeding thirty
thousand dollars ($30,000)) of this Franchise (the “Arbitration Claims”); and/or
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach
or default of any material, non-Arbitration Claims, obligations under this Franchise;
and/or
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d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and
Franchisee in writing, Renton and Franchisee shall, continue to perform their respective
obligations under this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or
claim arising out of or relating to Arbitration Claims, shall be referred for resolution to the
American Arbitration Association in accordance with the rules and procedures in force at
the time of the submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory
damages., including consequential damages. Such damages may include, but shall not be
limited to: all costs and expenses of materials, equipment, supplies, utilities, consumables,
goods and other items; all directly related costs and expenses of any staff; all costs and
direct expenses of any labor (including, but not limited to, labor of contractors of any tier);
all pre-arbitration costs and expenses of consultants, attorneys, accountants, professional
and other services, as outlined in section 19.5 below; and all taxes, insurance, interest
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expenses, directly related overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written
opinion setting forth the findings of fact and conclusions of law relied upon in reaching the
decision. The award rendered by the arbitrators shall be final, binding and non-appealable,
and judgment upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, see each
Party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses
and costs in connection with the presentation of such Party’s case including, without
limitation, the cost of any records, transcripts or other things used by the Parties for the
arbitration, copies of any documents used in evidence, certified copies of any court,
property or city documents or records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records
or transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator’s decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections
19.5 and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs,
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including attorneys’ fees, for any subsequent arbitration brought by them in which they are
found to be the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration
proceeding transcript for its use in writing a post-hearing brief, or an arbitration decision
copy to append to a lawsuit to reduce the award to judgment, etc., then that Party shall
bear the cost, except to the extent such cost might be allowed by a court as court costs.
SECTION XX. Alternative Remedies
20.1 No provision of this Franchise shall be deemed to bar the right of Renton or
Franchisee to seek or obtain judicial relief from a violation of any Franchise provision or any
rule, regulation, requirement or directive promulgated for non-Arbitration Claims. Neither
the existence of other Franchise remedies nor the use of such remedies shall bar or limit the
right of Renton or Franchisee to recover monetary damages for violations by the other Party,
or to seek and obtain judicial enforcement of the other Party’s obligations by means of
specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
21.1 This Franchise may only be amended by written instrument, signed by the
Parties, specifically stating that it is an amendment to this Franchise and is approved and
executed in accordance with State of Washington laws. Without limitation, and unless
required by any Laws, this Franchise shall govern and supersede and shall not be altered,
limited, supplemented or otherwise amended by any permit, approval, license, agreement
or other document required by or obtained from Renton in conjunction with Franchisee’s
exercise or failure to exercise any and all benefits, privileges, obligations or duties in and
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under this Franchise, unless such permit, approval, license, agreement or other document
specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and
conditions of this Franchise. In the event of any conflict or inconsistency between
the provisions of this Franchise and the provisions of any such permit, approval,
license, agreement or other document, except as expressly required by Laws and/or
superseded by such permit, approval, license, agreement or other document, the
Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level),
and volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton
in its defense, arising out of or related to, directly or indirectly, to Franchisee’s Work or
abandonment of Facilities, or from the existence of Franchisee’s Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and
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any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or
other damages arising under any Laws, including, but not limited to, Environmental Laws,
and any action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to
persons or property which is caused by, in whole or in part, and only to the extent of, the
willfully tortious or negligent acts or omissions of Franchisee or its agents, contractors of
any tier, employees, representatives or trainees related to Franchisee’s granted Franchise
privileges. If any action or proceeding is brought against Renton by reason of Franchisee’s
Facilities, Franchisee shall defend Renton at Franchisee’s sole expense, provided that, for
uninsured actions or proceedings, defense attorneys shall be approved by Renton, which
approval shall not be unreasonably withheld. The terms of this section shall not require
Franchisee to indemnify Renton against and hold harmless Renton from claims, demands
or suits based upon Renton’s negligent or willful conduct, and provided further that if the
claims or suits are caused by or result from the concurrent negligence of (a) the Franchisee’s
agents, officers, or employees and (b) Renton, this provision with respect to claims or suits
based upon such concurrent negligence shall be valid and enforceable only to the extent of
Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, either at law or in equity, to persons or
property, including, but not limited to, costs and reasonable attorneys’ and experts’ fees
incurred by Renton, arising directly or indirectly from: (a) Franchisee’s breach of any
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environmental Laws or Laws applicable to the Facilities, or (b) from any release of a
hazardous substance on or from the Facilities, or (c) other activity related to this Franchise
by Franchisee. This indemnity includes, but is not limited to, (a) liability for a governmental
agency’s costs of removal or remedial action for Hazardous Substances; (b) damages to
natural resources caused by Hazardous Substances, including the reasonable costs of
assessing such damages; (c) liability for any other person’s costs of responding to
Hazardous Substances; (d) liability for any investigation, abatement, correction, cleanup,
costs, fines, penalties, or other damages arising under any Laws; and (e) liability for personal
injury, property damage, or economic loss arising under any statutory or common-law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this
section shall include assuming potential liability for actions brought by Franchisee’s own
employees and the employees of Franchisee's agents, representatives, contractors of any
tier even though Franchisee might be immune under RCW Title 51 from direct suit brought
by such employees. It is expressly agreed and understood that this assumption of potential
liability for actions brought by the aforementioned persons is limited solely to claims against
Renton arising by virtue of Franchisee’s exercise of the privileges set forth in this Franchise.
The obligations of Franchisee under this section have been mutually negotiated by the
Parties, and Franchisee acknowledges that Renton would not enter into this Franchise
without Franchisee’s waiver of immunity. To the extent required to provide this
indemnification and this indemnification only, Franchisee waives its immunity under Title 51
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RCW as provided in RCW 4.24.115 (Validity of agreement to indemnify against liability for
negligence relative to construction, alteration, improvement, etc.).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine
that this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against
liability for negligence relative to construction, alteration, improvement, etc.), as it exists or
may be amended, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
Franchisee, its officers, officials, employees, and volunteers and/or a contractor of any tier,
or Renton, its elected officials, officers, officials, employees, and volunteers, and or the
contractor, the party’s liability shall be only to the extent of that party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly attempt to
notify Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall
have the privilege, at its election and at its sole costs and expense, to settle and compromise
such matter as it pertains to Franchisee’s responsibility to indemnify, defend and hold
harmless Renton. In the event any suit or action is started against Renton based upon any
such matter, Renton shall likewise promptly attempt to notify Franchisee, and Franchisee
shall have the privilege, at its election and at its sole cost and expense, to settle and
compromise such suit or action, or defend the same at its sole cost and expense, by
attorneys of its own election, as it pertains to Franchisee’s responsibility to indemnify,
defend and hold harmless Renton. Franchisee’s indemnification obligations do not apply to
the extent that Renton fails to provide attempt to notice in accordance with Section XXV of
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this Franchise, and such failure materially prejudices Franchisee or the defense of an
action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit
or action” and Franchisee refuses to defend and indemnify Renton, as referenced in
subsection 22.2 and Renton is determined to be without fault for the claim or demand giving
rise to such "suit or action,” Franchisee shall reimburse Renton for a percentage of Renton’s
total defense costs. The percentage of Renton’s total defense costs to be reimbursed shall
be a percentage equal to the percentage (if any) of fault attributable to Franchisee for the
claim or demand giving rise to such “suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or
termination of this Franchise if the basis for any such claim, demand, suit or action as
referenced in subsection 22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration
of the Franchise, insurance, or provide evidence of self-insurance, against all claims for
injuries to persons or damages to property which may arise from or in connection with the
exercise of the privileges granted by Franchise to Franchisee. Franchisee shall provide to
Renton an insurance certificate, and/or a certificate of self-insurance, together with a
blanket additional insured endorsement on the general and automotive liability policies,
including Renton as an additional insured as their interest may appear under this Franchise
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upon Franchisee’s acceptance of this Franchise, and such insurance certificate shall
evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises-operations, explosion, collapse and
hazard, underground hazard (XCU) and products completed hazard, with limits of
five million dollars ($5,000,000) for each occurrence for bodily injury and property
damage and five million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non-owned and hired vehicles
with a combined single limit of three million dollars ($3,000,000) each accident for
bodily injury and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for
each occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution
condition arising out of or resulting from the use and occupancy of the premises and
the operations conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee.
The insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers
shall be included as an additional insured as their interest may appear under this Franchise
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on the commercial general liability and commercial automobile liability insurance, as
respects work performed by Franchisee and the blanket additional insured endorsement
shall be included with on the certificate of insurance or certification of self-insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall
provide the City of Renton with thirty (30) days prior written notice of cancellation. In the
event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to
Renton evidence of replacement insurance policies meeting the requirements of this
section before the cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with
certificates of insurance evidencing the coverage or self-insurance required by this section
upon acceptance of this Franchise. The certificates and blanket additional insured
endorsement shall be signed by a person authorized by the insurer to bind coverage on its
behalf and must be received and approved by Renton prior to the commencement of any
Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer’s liability.
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23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
24.1 In connection with this Franchise, including and not limited to all Work, hiring
and employment, neither Franchisee nor its employees, agents, contractor of any tier,
volunteers or representatives shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation or preference, age (except minimum
age and retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment or
application for employment or in the administration of the delivery of services or any other
benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that
prohibit such discrimination. A copy of this language must be made a part of an agreement
with a contractor of any tier.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below. Any notice or
information required or permitted to be given to the Parties under this Franchise may be sent
to following Addresses unless otherwise specified:
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City Address:
City of Renton
ATTN: CED, Development Engineering, Franchise Permits
1055 S Grady Way
Renton, WA 98057
City Contact:
franchisepermits@rentonwa.gov
425.430.7240
City Public Works Improvement Project Contact:
As specified in section 15.1.c
Franchisee Address:
135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
Franchisee Permitting Contact:
Raquel Butler, raquel.butler@ziply.com
Franchisee Emergency Contact:
Ziply Fiber Network Operations Center, 509-823-1886
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is
not a legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
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SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is”
condition. Franchisee agrees that Renton has never made any representations, implied or
express warranties, or guarantees as to the suitability, security or safety of the location of
Franchisee’s Facilities or the Franchise Area, or possible hazards or dangers arising from
other uses or users of the Franchise Area, Rights-of Way, Public Property, and Public Ways
including any use by Renton, the general public, or by other utilities. As to Renton and
Franchisee, Franchisee shall remain solely and separately liable for the Work, function,
testing, maintenance, replacement and/or repair of the Facilities or other activities
permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions
shall be binding upon and inure to the benefit of the Parties’ respective successors and
assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing
party shall be entitled to recover all of its Costs, including such sum as the court may judge
as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any
judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise
between the Parties, the terms of this Franchise shall supersede the terms of the previous
Franchise.
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26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s
behalf to the extent that Franchisee permits its contractors to do so. Franchisee is
responsible for ensuring that Franchisee’s contractors have every obligation, duty and
responsibility that Franchisee has in discharging its duties related to this Franchise.
Franchisee and Franchisee’s contractors shall acquire and maintain a City of Renton
business license in accordance with RMC 5-5 as it exists or may be amended; Franchisee
shall acquire and maintain a business license during the duration of the Franchise while
contractors shall acquire and maintain a business license prior and during that time that any
permit is active.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion
of the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall
be attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the
reasonable control of Franchisee, then Franchisee’s performance shall be excused during
the Force Majeure occurrence. Upon removal or termination of the Force Majeure
occurrence Franchisee shall promptly perform the affected obligations in an orderly and
expedited manner under this Franchise or procure a substitute for such obligation or
performance that is satisfactory to Renton. Franchisee shall not be excused by mere
economic hardship or by misfeasance or malfeasance of its directors, officers or
employees. Events beyond Franchisee’s reasonable control include, but are not limited to,
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Acts of God, war, acts of domestic terrorism or violence, civil commotion, labor disputes,
strikes, earthquakes, fire, flood or other casualty, shortages of labor or materials,
government regulations or restrictions and extreme weather conditions. Franchisee shall
use all commercially reasonable efforts to eliminate or minimize any delay caused by a
Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to
comply with any of the Franchise provisions, or through willful or unreasonable negligence
fails to heed or comply with any notice that Renton may give to Franchisee under the
Franchise provisions, at the election of the Renton City Council, this Franchise may be
revoked or annulled after a hearing held upon reasonable notice to Franchisee (which notice
shall be given at least thirty (30) days before the hearing), and upon such revocation, all
privileges conferred under this Franchise shall be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if
Franchisee fails to file its unconditional acceptance of this Franchise within thirty (30) days
from the final passage of same by the Renton City Council. Franchisee shall file this
acceptance with the City Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
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Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any
of its elected officials, agents, employees or representatives, and no liability arises from any
action or inaction by Renton or any of its elected officials, agents, employees or
representatives in the exercise of their powers or authority. Renton is not required to inspect
or guarantee Franchisee’s Work. This Franchise is not intended to acknowledge, create,
imply or expand any duty or liability of Renton with respect to any function in the exercise of
its police power or for any other purpose. Any duty that may be deemed to be created in
Renton by this Franchise shall be deemed a duty to the general public and not to any specific
party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5)
calendar days of filing with the WUTC. Franchisee shall further provide Renton with a copy
of any actual approved Tariff(s) affecting the provision of this Franchise.
26.14 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate,
or be deemed to diminish or eliminate that governmental or police powers of Renton,
including the right to create new Laws or modify existing Laws.
26.15 Public Document/Public Disclosure: This Franchise will be considered a
public document and will be available for reasonable inspection and copying by the public
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during regular business hours. This document may be disclosed pursuant to RCW 42.56
(Public Records Act).
26.16 Section Headings: The section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.17 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the
Parties shall negotiate in good faith and agree, to the maximum extent practicable in light of
such determination, to such amendments or modifications as are appropriate so as to give
effect to the intentions of the Parties. If severance from this Franchise of the particular
provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the
value of this Franchise, either Party may apply to the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court
for the State of Washington at the Maleng Regional Justice Center, Kent, Washington to
reform or reconstitute the Franchise so as to recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times during
which negotiations or a judicial action remains pending.
26.18 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to
the extent such an inference is necessary to prevent substantial injustice to an injured party.
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26.19 Third-Parties: The Parties do not create any obligation or liability, or promise
any performance to, any Third-Party, nor have the Parties created any Third-Party right to
enforce this Franchise beyond what is provided for by Laws. “Third-Parties” are any party
other than Renton and Franchisee. This Franchise shall not release or discharge any
obligation or liability of any Third-Party to either Party.
26.20 Time of the Essence: Whenever this Franchise sets forth a time for any act to
be performed, such time shall be deemed to be of the essence, and any failure to perform
within the allotted time may be considered a material violation of this Franchise.
SECTION XXVII. Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a
summary of this ordinance in the City’s official newspaper, and provided it has been duly
accepted by Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2026.
Armondo Pavone, Mayor
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:25ORD028:01.15.2026
[MPK Template Approval 10.18.2025]
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UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise,
subject to all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 20__.
FRANCHISEE
________________________________
(NAME)
________________________________
(TITLE)
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Attachment 1
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING
ZIPLY FIBER PACIFIC, LLC DBA ZIPLY FIBER AND AFFILIATES AUTHORIZED
TO DO BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES,
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO
INSTALL COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC
CABLE AND RELATED APPURTENANCES, UNDER, ALONG, OVER, BELOW,
THROUGH AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE
CITY OF RENTON WITHIN THE PUBLIC RIGHT-OF-WAY OF RENTON.
WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the
public Right of Way; and
WHEREAS, RCW 35A.47.040 grants the City broad authority to permit and regulate
non-exclusive franchises; and
WHEREAS, RMC 5-19 describes the City’s regulatory regime for franchises; and
WHEREAS, the City Council finds that it is in the best interests of the health, safety
and welfare of residents of the Renton community to grant a non-exclusive franchise to Ziply
Fiber Pacific, LLC dba Ziply Fiber and affiliates for the operation of an underground fiber
optic telecommunications system with the City Rights-of Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
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Table of Contents
SECTION I. Definitions .............................................................................................. 3
SECTION II. Purpose ................................................................................................. 7
SECTION III. Privileges Conveyed .............................................................................. 8
SECTION IV. Term ................................................................................................... 11
SECTION V. Recovery of Costs ................................................................................ 12
SECTION VI. Assignment and Transfer of Franchise ................................................. 14
SECTION VII. Compliance with Laws - Reservation of Powers and Authority .............. 15
SECTION VIII. Non-exclusive Franchise ................................................................... 16
SECTION IX. Permits, Construction and Restoration ................................................ 17
SECTION X. Coordination and Shared Excavations................................................... 25
SECTION XI. Hazardous Materials ........................................................................... 26
SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s) ..................... 28
SECTION XIII. Records of Installation ...................................................................... 31
SECTION XIV. Undergrounding of Facilities .............................................................. 34
SECTION XV. Relocation of Franchisee Facilities ..................................................... 34
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities ............. 40
SECTION XVII. Termination, Violations, and Remedies ............................................. 42
SECTION XVIII. Dispute Resolution ......................................................................... 45
SECTION XIX. Arbitration ........................................................................................ 48
SECTION XX. Alternative Remedies ......................................................................... 50
SECTION XXI. Amendments to Franchise ................................................................ 50
SECTION XXII. Indemnification ............................................................................... 51
SECTION XXIII. Insurance ....................................................................................... 55
SECTION XXIV. Discrimination Prohibited ............................................................... 58
SECTION XXV. Notice ............................................................................................. 58
SECTION XXVI. Miscellaneous ................................................................................ 60
SECTION XXVII. Effective Date ................................................................................ 65
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SECTION I. Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized,
and words in the singular include the plural. Undefined words shall be given their common
and ordinary meaning.
1.1 Administrator: Means the Administrator of The City of Renton’s Community
and Economic Development Department or designee, or any successor office responsible
for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair,
and/or restore any Facility, and may include, but are not limited to, digging, boring, and/or
excavating to construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to
attorneys’ fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to,
poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches,
fixtures, and communication systems; and any and all other equipment, appliances,
attachments, appurtenances and other items necessary, convenient, or in any way
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appertaining to any and all of the foregoing, whether the same be located across, above,
along, below, in, over, through, or underground. Facilities do not include any noise-creating
equipment within the range of human hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future City of Renton Rights-of-Way for
public roads, alleys, avenues, highways, streets, and throughways (including the area
across, above, along, below, in, over, through, or under such area), laid out, platted,
dedicated, acquired or improved, and; all city-owned utility easements dedicated for the
placement and location of various utilities provided such easement would permit
Franchisee to fully exercise the privilege granted under this Franchise within the area
covered by the easement, without interfering with any governmental functions or other
franchises or easements.
1.8 Franchisee: Means Ziply Fiber Pacific, LLC dba Ziply Fiber and affiliates
authorized to do business within the State of Washington, and its respective successors and
assigns, and agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including but not limited to all
substances designated under: the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et
seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et
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seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide,
Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste
Management Act, RCW Chapter 70A.300, and the Washington Hazardous Waste Cleanup -
Model Toxics Control Act, RCW Chapter 70A.305, as they exist or may be amended; or any
other Laws. The term “Hazardous Substance” shall also be interpreted to include any
substance which, after release into the environment, will or may reasonably be anticipated
to cause death, disease, injury, illness, abnormalities, behavioral abnormalities, stunted or
abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance,
decree, executive order, governmental approval, permit, regulation, regulatory program,
order, rule, published specification, public standard, environmental law, or governmental
authority as they exist, may be amended, or created, that relate to telecommunications
services or terms of this Agreement, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80
(Utilities General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable
Television Service – Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for
Telecommunications), RCW Chapter 80.36 (Telecommunications), WAC Chapter 480-120,
et. seq., (Telephone Companies), RCW Chapter 35.96 (Electric and Communication
Facilities – Conversion to Underground), and any related Laws.
1.11 Parties: Means the City of Renton and Ziply Fiber Pacific, LLC dba Ziply Fiber
and affiliates.
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1.12 Public Property(ies): Means present and/or future property owned or leased
by Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement
(unless their use is otherwise restricted for other users), or other public Rights-of-Way for
motor vehicles or any other uses under Renton’s control and/or in its jurisdictional
boundaries, consistent with RCW 47.24.020 (City Streets as Part of State Highways:
Jurisdiction, control - Exception) and 47.52.090 (Limited Access Facilities: Cooperative
agreements — Urban public transportation systems — Title to highway — Traffic regulations
— Underground utilities and overcrossings — Passenger transportation — Storm sewers —
City street crossings).
1.14 Rights-of-Way: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480-80-030 (Utilities General – Tariffs
and Contracts: Definitions), or such similar definition describing rate schedules, rules and
regulations relating to charges and service as may be adopted by the regulatory authority
with jurisdiction, under the laws of the State of Washington, over public service companies
and/or competitive telecommunication service companies, and such competitive
companies must file tariffs in accordance with WAC 480-120-026 (Telephone Companies:
Tariffs), WAC Chapter 480-80 (Utilities General – Tariffs and Contracts).
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1.16 WUTC: Means the Washington Utilities and Transportation Commission or
such successor regulatory agency having jurisdiction over public service and/or
telecommunication service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair
by, for, or at Franchisee’s request.
1.18 City of Renton: The City of Renton is a noncharter code city under the laws and
statutes of the State of Washington. Throughout the Franchise the term City, Renton and
City of Renton are used interchangeably all meaning the same.
SECTION II. Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council has authority to
permit and regulate nonexclusive franchises such as that contemplated under this
Ordinance. This Franchise is granted subject to Renton’s land use authority, public highway
authority, police powers, franchise authority, and any case law, statutory or inherent
authority.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions
relating to Franchisee’s use of the Franchise Area and to create a foundation for the Parties
to work cooperatively in the public’s best interests after this ordinance becomes effective.
This Franchise is conditioned upon the terms and conditions provided in this Franchise, and
Franchisee’s compliance with all Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks
or liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority
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to grant other or further franchises in any Rights-of-Way and any Franchise Area. This and
other franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise
Area, or affect its jurisdiction over them or any part of them, and Renton retains absolute
authority to make all changes, relocations, repairs, maintenance, establishments,
improvements, dedications or vacations of same as Renton may see fit, including the
dedication, establishment, maintenance and improvement of all new or existing Rights-of-
Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to authority under the Telecommunication Act
of 1996, § 253(c), RMC Chapter 5-19 (Telecommunication Licenses and Franchises) and the
laws of the State of Washington including, but not limited to, RCW 47.24.020 (City Streets
as Part of State Highways: Jurisdiction, control - Exception), RCW 47.52.090 (Limited Access
Facilities: Cooperative agreements — Urban public transportation systems — Title to
highway — Traffic regulations — Underground utilities and overcrossings — Passenger
transportation — Storm sewers — City street crossings), RCW 35A.47.040 (Highways and
Streets: Franchises and permits — Streets and public ways), RCW 35.22.280 (First Class
Cities: Specific powers enumerated), RCW 35.99.020 (Telecommunication, Cable
Television Service – Use of Right of Way: Permits for use of right-of way), and RCW 80.36.040
(Telecommunications: Use of road, street, and railroad right-of way – When consent of city
necessary), and any related laws, Renton grants to Franchisee, and its successors and
assigns (subject to and as provided for in Section VI, Assignment and Transfer of Franchise),
under this Franchise’s terms and conditions, the privilege to install, construct, operate,
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maintain and improve its Facilities, together with all necessary equipment and
appurtenances, for the provision of telecommunications, telecommunications distribution
services, private line, and internet access services, within the existing Franchise Area, such
lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the
Franchise Area in which Renton has an actual interest. It is not a warranty of title or interest
in the Franchise Area. This privilege shall not limit Renton’s police powers, any statutory or
inherent authority, jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning
or land use authority. The terms and conditions of this Franchise shall not be construed to
apply to Facilities located outside of the Franchise Area. This Franchise does not confer
upon Franchisee any privilege to install or use any Facilities outside the Franchise Area,
including City-owned or leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of
the Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services as those services are defined
in Washington state law. The Franchisee may use its Facilities’ excess capacity, however,
Franchisee may not use, convey, lease or share excess space within the Franchise Area
without prior written authorization from the City of Renton. In order for the City to determine
whether, and under what conditions, excess capacity may be authorized, Franchisee shall
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timely notify the City’s representative identified at subsection 25.1 of this Agreement in
writing.
3.4 Franchise is Non-Exclusive: As detailed in Section VIII, below, Renton grants
this non-exclusive Franchise to Franchisee to operate, maintain and improve its existing
Facilities as a telephone business and/or service provider (as those terms are used in RCW
35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its
acceptance of the granted privileges, that it has carefully read and fully comprehends the
terms and conditions of this Franchise. Franchisee accepts all risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and
states that it has fully studied and considered the requirements and provisions of this
Franchise and believes that the same are consistent with all Laws. If in the future Franchisee
becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use
such potential invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee
will promptly advise Renton of the potential invalidity or illegality, and the Parties will meet
within thirty (30) days and endeavor jointly to amend this Franchise to cure the alleged
invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
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3.7 Existing Facilities Outside Franchise Area: Franchisee Facilities as they may
exist at the Effective Date of this Franchise and were installed and/or maintained on public
grounds or places in Renton under other Agreement(s) with the City may continue to be
maintained, repaired, and operated through the term of this Franchise subject to the terms
of this agreement; provided, however, that no such Facilities may be enlarged, improved or
expanded without Renton’s prior review, written consent, and approval pursuant to the
provisions of any applicable Laws.
SECTION IV. Term
4.1 Length of Term:
a. Effective Date: Each of the provisions of this Franchise shall become effective
upon the later of Franchisee’s acceptance of the terms and conditions of this
Franchise and the City Council’s passage of this ordinance, and
b. Length of Term: Shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies.
c. Option for Renewal: At any time not more than two (2) years nor less than one
hundred and eighty (180) days before the expiration of the Franchise Term,
Franchisee may make a written request and Renton may consider, at its sole
discretion, renewing this Franchise for an additional five (5) year renewal period.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
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SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this
Franchise, to inspect Plans and construction, or for the preparation of a detailed statement
pursuant to the Washington State Environmental Policy Act (“SEPA”) (RCW Chapter
43.21C). Where Renton incurs actual administrative expenses, including but not limited to
fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted
in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses
incurred. Renton employee time shall be calculated based on their rate of salary, including
applicable overtime, benefits and reasonable overhead, and all other costs will be billed
based on an actual cost basis. Payment shall be due within forty-five (45) days of receipt of
the invoice.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on
other similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural
gas business, service provider — Franchise fees prohibited — Exceptions), Renton may only
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impose a franchise fee or any other Cost of whatever nature or description upon Franchisee
as is consistent with federal law.
5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees, as defined in the
City Fee Schedule or in this Franchise, associated with activities undertaken through the
authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City
agrees to simultaneously seek reimbursement from any Franchisee or permit holder who
caused or contributed to the emergency situation. Renton’s “response to emergency” for
the purposes of this Franchise is defined in subsections 9.5 and 12.1 through 12.3.
5.7 City Costs to be Reimbursed: City will provide documentation of reasonably
incurred costs, itemized by project, for Franchisee’s proportionate share of all actual,
identified expenses incurred by Renton in planning, constructing, installing, repairing,
altering, or maintaining any City facility as the result of the presence of Franchisee’s
Facilities in the Right-of-Way. Such costs and expenses shall include but not be limited to:
a. Franchisee’s proportionate cost of City personnel assigned to oversee or
engage in any work in the Rights-of-Way as the result of the presence of Franchisee’s
Facilities in the Rights-of-Way.
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b. Franchisee’s proportionate share of any City of Renton time spent reviewing
construction plans in order to either accomplish the relocation of Franchisee’s
Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
c. The time of City employees shall be charged at their respective rate of salary,
including overtime if applicable, plus benefits and reasonable overhead. Any other
costs will be billed proportionately on an actual cost basis.
5.8 Reimbursement period: Franchisee shall reimburse Renton within forty-five
(45) days of Renton’s submittal of an itemized billing.
5.9 All billings will be itemized so as to specifically identify the costs and expenses
for each project for which the City claims reimbursement. A charge for the actual costs
incurred in preparing the billing may also be included in said billing. At the City’s option, the
billing may be on an annual basis, but the City shall provide the Franchisee with the City’s
itemization of costs, in writing, at the conclusion of each project for informational purposes.
SECTION VI. Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or
permit to be forfeited this Franchise, either in whole or in part, without the advance written
consent of the City Council of Renton by passage of an ordinance or resolution; such
consent shall not be unreasonably withheld. Such consent shall not be deemed to waive
any of Renton’s rights to subsequently enforce Franchise related non-compliance issues
that existed at or before Renton’s consent.
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a. Any telecommunications assignee or transferee shall, at least thirty (30) days
prior to the date of any assignment or transfer, file written notice of the assignment
or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions.
b. The Franchise terms and conditions shall be binding upon the Parties’
respective assigns and successors.
c. Notwithstanding the foregoing, Franchisee may pledge the Franchise for
security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor.
d. The rights of any transferee are subject at all times to the terms and conditions
of this Franchise, and no transferee will have any greater rights under this Franchise
than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and
all of its terms and conditions.
SECTION VII. Compliance with Laws - Reservation of Powers and Authority
7.1 Compliance: In every aspect related to this Franchise, including but not
limited to all Work, Franchisee shall comply with all applicable Laws, whether specifically
mentioned in this Franchise or not.
7.2 Incorporation of RMC 5-19, Telecommunications Licenses and Franchises:
The conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully
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incorporated by reference into this Franchise. If a discrepancy arises between this Franchise
and RMC Chapter 5-19 or any other law, then the most restrictive measure shall apply.
7.3 Legitimate Municipal Interest: As to matters subject to the terms and
conditions of this Franchise, if Renton determines during the Franchise term that the
assertion of a legitimate municipal interest is prohibited by application of federal or state
law, then as to such matter and such municipal interest and consistent with its legal
obligations, Franchisee shall cooperate with Renton in a good faith effort to address such
municipal interest. In this context, neither Party shall invoke this Franchise as a basis to
assert that its consideration of a given issue is excused by operation of the doctrines of
estoppel or waiver.
7.4 Reference to Specific Law or Order: Upon a reasonably justified written inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or
the WUTC order or action establishing a basis for Franchisee’s actions related to a specific
Franchise issue.
SECTION VIII. Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive,
and as a result, Renton expressly reserves the right to grant other or further franchises or to
use the Franchise Area itself; provided that such uses do not unreasonably interfere with
Franchisee’s use and placement of its Facilities in any Rights-of-Way and/or any Franchise
Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit,
limit or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
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jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all
of its statutory, inherent and other powers and franchise authority, as they exist or shall
exist.
SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities
within the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property.
9.2 Permit Application Required: Exception to timing in the event of an emergency
defined in Section XII Permits shall vest in accordance with RMC 4-1-045.
a. Franchisee shall first obtain (be issued) all required documentation and
approvals, including permits from Renton to perform Work on Franchisee’s Facilities
within the Franchise Area.
i. The permit application shall contain detailed plans, maps and
specifications showing the position, depth and location of the Franchisee’s
proposed new and/or existing Facilities in relation to existing public and private
utilities within a minimum horizontal distance of ten (10) feet from the proposed
new Facilities, collectively referred to as the “Plans.”
ii. The permit application shall include payment of the associated fees.
iii. The Plans shall specify the class and type of material and equipment
to be used, manner of excavation, construction, installation, backfill, erection of
temporary structures and facilities, erection of permanent structures and
facilities, horizontal and vertical separation from public utilities, applicable
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easements, site specific traffic control signed by a traffic control specialist, traffic
turnouts and road obstructions, and all other necessary information.
iv. Permits shall not be unreasonably withheld or delayed after
submission of a complete application.
v. Franchisee may engage subcontractors or other entities submit a
permit application on behalf of the Franchisee. For each subcontractor or other
entity Franchisee elects to submit on their behalf, the Franchisee must submit to
the City a Letter of Authorization in a format that is acceptable to the City.
b. Work shall only commence upon the issuance of required permits.
Franchisee shall schedule an inspection any time that Franchisee is performing Work
within the Franchise Area to allow Renton to inspect such work. Inspections shall be
scheduled as identified on the issued permit.
c. Nothing in this Agreement is intended, nor should be construed, to guarantee
any permit is issued.
d. Franchisee shall submit to Renton as-built plans and, digital facility location
data in a format compatible with Renton’s geographic information system.
9.3 Work Performed – Safety: During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors of any tier shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free
passage of traffic and the free use of adjoining property, whether public or private.
Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights,
flares and other traffic control measures as required for the safety of all members of the
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general public and comply with all applicable safety regulations during such period of
construction as required by the ordinances of the City or the laws of the State of Washington,
including RCW 39.04.180 for the construction of trench safety systems. The provision of this
section 9.3 shall survive the expiration or termination of this Franchise to the extent that
Franchisee continues to have Facilities in the Rights-of-Way.
9.4 Work Performed – Licensing and Compliance with Franchise Agreement:
Franchisee’s contractors of any tier shall be licensed and bonded in accordance with State
law and the City’s ordinances, regulations, and requirements. Work by contractors of any
tier are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its
contractors of any tier and others performing work on its behalf as if the work were
performed by Franchisee and shall ensure that all such work is performed in compliance
with the Franchise and applicable law.
9.5 Underground Installation: Boring Preferred. Work involving underground
installation of Franchisee’s facilities within City streets shall be accomplished through
boring rather than open trenching whenever reasonably feasible. Prior to boring, Franchisee
shall “pothole” all existing City utilities, private utilities and other pressurized systems to
ensure vertical separation requirements are met. When directed by the City, Franchisee
shall CCTV Renton-owned sewer and storm drain lines and privately owned sewer and storm
drain lines connected to the City system within the Right-of-Way or utility easement, on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton-owned lines were not damaged by the boring work.
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Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.6 Work Performed – Repair of Damage. Any utility, public or private, that is
damaged by the Franchisee shall be repaired by the Franchisee at no cost to Renton or the
private utility owner.
9.7 Facility Placement: The City reserves the right to limit or exclude Franchisee’s
access to a specific route, Right-of-Way or other location when, in the judgment of the
Administrator or designee, there is inadequate space (including but not limited to
compliance with ADA clearance requirements and maintaining a clear and safe passage
through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public
property, public expense, inconvenience, interference with City utilities, inability to achieve
utility separation (unless otherwise approved on a case-by-case basis), or as otherwise
reasonably determined by the Administrator or designee. The decision of the Administrator
for Facility Placement is final and not subject to administrative appeal.
9.8 Lateral Support – Duty to Not Impair: Whenever Work on Facilities have
caused or contributed to a condition that in the City of Renton’s sole determination will or
has substantially impair the lateral support of the Franchise Area, Renton may direct
Franchisee, at Franchisee’s sole expense, to take such actions as are reasonably necessary
within the Franchise Area to repair and/or not impair the lateral support. If Franchisee fails
or refuses to take prompt action, or if an emergency situation requires immediate action,
Renton may enter the Franchise Area and take any action necessary to protect the public,
any Public Way, Public Property, and Rights-of-Way, and Franchisee shall be liable to
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Renton for all costs, fees, and expenses resulting from that necessary action in accordance
with sections 5.7, 5.8, and 5.9. This provision shall survive the expiration, revocation or
termination of this Franchise for a period of five (5) years.
9.9 Limits on Construction: No park, public square, golf course, street Rights-of-
Way or public place of like nature shall be bored, trenched, excavated or damaged by
Franchisee if there is a substantially equivalent alternative. The determination of there being
a substantially equivalent alternative shall be at the sole determination of Renton.
9.10 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee
shall, upon the Renton’s request, furnish a bond executed by Franchisee and a corporate
surety authorized to operate a surety business in the State of Washington, in such sum as
may be set and approved by Renton as sufficient to ensure performance of Franchisee’s
obligations under this Franchise. Franchisee shall post a performance bond in the amount
of one hundred thousand dollars ($100,000) that shall remain in effect for the term of this
Franchise. The bond shall be conditioned so that Franchisee shall observe all the
covenants, terms, and conditions and shall faithfully perform all of the obligations of this
Franchise, and to repair or replace any defective Work or materials discovered in the
Franchise Area. The bond shall ensure the faithful performance of Franchisee’s obligations
under the Franchise, including, but not limited to, Franchisee’s payment of any penalties,
claims, liens, or fees due Renton that arise by reason of the operation, construction, or
maintenance of the Facilities within the Franchise Area. Franchisee shall pay all premiums
or other costs associated with maintaining the bond. Additionally, if Renton determines that
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the performance bond is inadequate to ensure Franchisee’s performance of a project,
Franchisee shall post any additional bonds required to guarantee performance by
Franchisee in accordance with the conditions of any permits and/or the requirements of this
Franchise. In lieu of a separate bond for routine individual projects involving work in the
Franchise Area, Franchisee may satisfy Renton’s bond requirements by posting a single on-
going performance bond in an amount approved by Renton.
9.11 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on
its behalf, including all Work performed by contractors of any tier, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton,
and be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interfere with other franchises,
licenses, public or private utilities, or other structures, or the Franchise Area, and shall not
unreasonably interfere with public travel, park uses, other municipal uses, adjoining
property, and shall not endanger the safety of or injure persons and property. Franchisee’s
Work shall comply with all applicable Laws.
9.12 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using
materials and installation methods that are in full compliance with City standards and shall
verify this by the submittal of documentation of materials and testing reports when
requested by Renton. All costs for performing on-site testing, such as compaction tests,
shall be borne by Franchisee.
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9.13 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to
conditions that meet or exceed City standards, at its own cost and expense. Franchisee
shall, upon discovery of any such damage, immediately notify Renton per Section XXV.
Renton will inspect the damage, and set a time limit for completion of the repair. If Renton
discovers damage caused by Franchisee to the Franchise Area at any point in time, Renton
will give Franchisee notice of the damage and set a reasonable time limit in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s
sole expense, billed in accordance with sections 5.7, 5.8, and 5.9.
9.14 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities),
or an approved equivalent, and shall comply with all applicable Laws. Prior to doing any work
in the Rights-of-Way, the Franchisee shall follow established procedures, including
contacting the Utility Notification Center in Washington and comply with all applicable State
statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further,
upon request, by the City or a third party, Franchisee shall locate its Facilities consistent
with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages
to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a
direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits
and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
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9.15 Restoration Requirements: Franchisee shall, after Work on any of
Franchisee’s Facilities within the Franchise Area, restore the surface of the Franchise Area
and any other property within the Franchise Area which may have been disturbed or
damaged by such Work. All restoration of Rights-of-Way, sidewalks and other improvements
or amenities shall conform to RMC 9-7 (Road, Bridge And Municipal Construction
Standards), RMC 9-10-11 (Trench Restoration And Street Overlay Requirements) and City of
Renton Standard Details in effect at that time, and must be warranted for at least two (2)
years. Restoration shall include all landscaping, irrigation systems and trees. Renton shall
have final approval of the condition of the Franchise Area after restoration pursuant to
applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.16 Survey Monuments: All survey monuments which are disturbed or displaced
by Franchisee in its performance of any work under this Franchise shall be referenced and
restored by Franchisee, in accordance with WAC 332-120 (Survey Monuments – Removal or
Destruction), and other applicable Laws.
9.17 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written
notice including a description of actions Renton believes necessary to restore the Franchise
Area. If Franchisee fails to restore the Franchise Area in accord with Renton’s notice within
thirty (30) days of that notice, or such other period of time as is mutually agreed consistent
with requirements of Section XVII, Renton, or its authorized agent, may restore the Franchise
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Area at Franchisee’s sole and complete expense in accordance with sections 5.7, 5.8, and
5.9.The failure by Franchisee to complete such repairs shall be considered a breach of this
Franchise and is subject to remedies by the City pursuant to Section XVII of this Agreement.
The privilege granted under this section shall be in addition to others provided by this
Franchise.
9.18 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee
to install any new telecommunications lines or Facilities without Renton’s express prior
written consent in the form of a permit(s) as provided for in this Section IX.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any
Work that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or
hindrance to any construction work undertaken by themselves or utilities within the
Franchise Area. At a minimum, such efforts shall include reasonable and diligent efforts to
keep the other Party and other utilities within the Franchise Areas informed of its intent to
undertake Work through regularly scheduled meetings. Franchisee and Renton shall further
each exercise its best efforts to minimize any delay or hindrance to any construction work
either may undertake within the Franchise Area. Any associated costs caused by any
construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
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Renton’s request, also attend construction meetings pertaining to performance of Work
within the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be
made within the Franchise Area, the Party causing such excavation to be made shall afford
the other, upon receipt of a written request to do so, an opportunity to use such excavation,
provided that: (a) such joint use shall not unreasonably delay the work of the Party causing
the excavation to be made; and (b) such joint use shall be arranged and accomplished on
terms and conditions satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area
without prior written approval of Renton. Renton will not unreasonably withhold approval,
but such application must be in conformance to the aquifer protection regulations of Renton
then in place. If Franchisee shall first obtain Renton’s approval to apply a specific product
in accordance with a defined procedure on an ongoing basis throughout the Franchise Area,
it shall not thereafter be necessary for Franchisee to obtain Renton’s approval on each
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occasion such product is applied in accordance with such procedure unless such specified
product becomes subject to increased regulatory requirements or prohibitions. Franchisee
shall notify Renton of any accident by Franchisee involving Franchisee’s use of Hazardous
Substances within the Franchise Area.
11.2 Release of Hazardous Substance:
a. Upon notice or discovery of a significant release of any Hazardous Substance
caused by Franchisee or expressly authorized by Franchisee to occur upon the
Franchise Area and Facilities covered by this Franchise, that does not constitute an
“emergency” subject to Section XII of this Agreement, Franchisee shall notify Renton
within twenty-four (24) hours of discovery.
b. If the encountered or suspected Hazardous Substances are not the result of
the acts or omissions of Franchisee, Renton shall, at its own expense, determine if
the material is hazardous, in accordance with applicable Laws.
i. If the material is found to be hazardous, Renton shall, at its own
expense, if possible, remove, dispose, or otherwise handle such Hazardous
Substances, as necessary, in accordance with applicable Laws.
ii. If Hazardous Substances are removed, Renton also shall provide
substitute nonhazardous substance(s) to replace the removed substance for
Franchisee to use in its operation, if necessary.
iii. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of
schedule delays incurred due to the delay in operation.
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c. If the encountered or suspected Hazardous Substances within the Franchise
Area are the result of Franchisee’s acts or omissions, Renton’s characterization of
the substances involved and any removal, disposal, or other handling costs incurred
in connection with the removal, disposal, or handling of the hazardous substances
will be at Franchisee’s sole expense. Franchisee shall be solely responsible for any
expense or cost related to environmental mitigation requirements imposed, by
operation of applicable Laws or otherwise.
SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s)
12.1 In the event of any emergency in which any of Franchisee’s Facilities located
in the Rights-of-Way breaks, fall, becomes damaged, or if Franchisee’s Facilities are
otherwise in such a condition as to immediately endanger the property, life, health or safety
of any person, entity or the City, Franchisee shall immediately take the proper emergency
measures to repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of any person, entity or the City without first
applying for and obtaining a permit as required by this Franchise. (see also section 15.3 of
this Agreement related to Emergency Relocation of Facilities in the event of an emergency
not related to Franchisee)
a. This clause 12.1 is not intended, and should not be construed, to relieve
Franchisee from the requirement of obtaining any permits necessary for this
purpose, and Franchisee shall apply for all such permits not later than the next
succeeding day during which the Renton City Hall is open for business.
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b. The City retains the right and privilege to cut, move, or remove any Facilities
located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety
emergency.
c. Franchisee shall provide all necessary equipment and personnel to safely and
expeditiously repair its facilities and provide all necessary traffic control pursuant to
the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) in
effect at the time of the emergency giving rise to the need.
12.2 Franchisee shall immediately and at the first possible time notify the City
according to Section XXV of this Agreement of any emergency or outage that affects, or is
expected to affect, any City customer or City access in any amount.
12.3 The City shall not be liable for any damage to or loss of Facilities within the
Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on
behalf of the City, except to the extent caused by the sole negligence or willful misconduct
of the City, its employees, contractors, or agents. The City shall further not be liable to
Franchisee for any direct, indirect, or any other such damages suffered by any person or
entity of any type as a direct or indirect result of the City’s actions under this section 12
except to the extent caused by the sole negligence or willful misconduct of the City, its
employees, contractors, or agents.
12.4 Whenever the construction, installation or excavation of Facilities authorized
by this Franchise has caused or contributed to a condition that appears to substantially
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impair the lateral support of the adjoining street or public place, or endangers the public, an
adjoining public place, street, electrical or telecommunications utilities, City utilities, or City
property, the Community and Economic Development Administrator or designee, may
direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the
public, adjacent public places, City property or street utilities, and such action may include
compliance within a prescribed time. In the event that Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with such directions,
or if emergency conditions exist which require immediate action, before the City can timely
contact Franchisee to request Franchisee effect the immediate repair, the City may access
the Facilities and take such reasonable actions as are necessary to protect the public, the
adjacent streets, City utilities, or street, electrical or telecommunications utilities, or to
maintain the lateral support thereof, or reasonable actions regarded as necessary safety
precautions, and Franchisee shall be liable to the City for the costs thereof.
12.5 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary
to discharge its public service obligations in accordance with the laws of the State of
Washington.
12.6 Extraordinary Costs: Nothing in this section is intended, nor shall it be
construed, as preventing Renton from recovering from Franchisee, if otherwise so entitled
in accordance with applicable Laws, any extraordinary costs in responding to an emergency
situation involving Franchisee’s Facilities.
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SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however,
any such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall
such plan be construed as a proposal to undertake any specific improvements within the
Franchise Area.
13.2 As-Built Drawings: Following the initial construction and installation of
Facilities, Franchisee shall provide the City with accurate copies of as-built plans and maps
prepared by Franchisee’s design and installation contractors. These plans and maps shall
be provided at no cost to the City, and shall include digital files in AutoCAD, or other industry
standard readable formats that are acceptable to the City and delivered electronically.
Further, Franchisee shall provide such maps within thirty (30) days following a request from
the City. Franchisee shall warrant the accuracy of all plans, maps and as-builds provided to
the City.
13.3 Within thirty (30) days of a written request from the Administrator or designee,
Franchisee shall furnish the City with information sufficient to demonstrate: 1) that the
Franchisee has complied with all applicable requirements of this Franchise; and 2) that any
and all utility taxes due to the City in connection with the Franchisee have been paid.
13.4 All books, records, maps and other documents maintained by Franchisee
with respect to its Facilities within the Rights-of-Way shall be made available for inspection
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by the City at reasonable times and intervals; provided, however, that nothing in this section
13.4 shall be construed to require Franchisee to violate state or federal law regarding
customer privacy, nor shall this section 13.4 be construed to require Franchisee to disclose
proprietary or confidential information without adequate safeguards for its confidential or
proprietary nature.
13.5 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall
disclose such information that is required under applicable law to comply with a utility tax
audit. Franchisee shall be responsible for clearly and conspicuously identifying the work as
confidential or proprietary and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or Federal law. In
the event that the City receives a public records request under Chapter 42.56 RCW or similar
law for the disclosure of information Franchisee has designated as confidential, trade
secret, or proprietary, the City shall promptly provide written notice of such disclosure so
that Franchisee can take appropriate steps to protect its interests.
13.6 Disclosure to Third-Parties:
a. Nothing in section 13.4 or 13.5 prohibits the City from complying with
Chapter 42.56 RCW or any other applicable law or court order requiring the release
of public records, and the City shall not be liable to Franchisee for compliance with
any law or court order requiring the release of public records. The City shall comply
with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court
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overturns such inunction or court order and such higher court action is or has
become final and non-appealable, Franchisee shall reimburse the City for any fines
or penalties imposed for failure to disclose such records as required hereunder
within sixty (60) days of a request from the City.
b. Disclosure to Third Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton
solely for management of the Franchise Area. Renton shall take all prudent steps
reasonably necessary to prevent unnecessary disclosure or dissemination of such
drawings, maps, records and/or information to any Third-Party without the prior
notice to Franchisee, unless the Third-Party is an authorized governmental entity of
any tier or a public records requestor. Renton will provide Franchisee with notice of
any public records request for Franchisee paperwork as soon as reasonably
practicable.
13.7 Design Locates: Upon Renton’s written request, or in connection with the
design of any public works project, including any public utility whether provided by Renton
or another utility district, Franchisee shall field verify and mark the location of its
underground Facilities within the Franchise Area
13.8 Utility Locates: Notwithstanding the foregoing, nothing in this section is
intended (nor shall be construed) to relieve either Party of their respective obligations arising
under applicable Laws with respect to determining the location of utility facilities.
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SECTION XIV. Undergrounding of Facilities
14.1 Undergrounding Required for New Facilities: Pursuant to regulation under
RMC 4-6-090.C (Applicability), as those regulations may be amended or revised, all new
Facilities installed within the Franchise Area during the term of this Franchise shall be
located underground, consistent with the RMC, unless it is unfeasible in Renton’s
reasonable estimation for it to be done; provided that installation of wires, cables, conduits
and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
above ground within a one (1) mile horizontal distance from all elements of the proposed
project, Franchisee may install its Facilities above ground. Any new Facilities to be located
above ground shall be placed on existing utility poles. No new utility poles shall be installed
in connection with placement of new above ground Facilities.
SECTION XV. Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of
the Franchise Area for the construction, installation, maintenance replacement, expansion
and repair of its roadways, utilities, improvements and infrastructure, and capital
improvement projects, and should any conflict arise with Renton facilities, Franchisee shall,
at its own cost and expense, conform to Renton’s utilities, improvements and infrastructure
and capital improvement projects, provided that, whenever Renton or a partner agency
undertakes any public works improvement within the Franchise Area, and such public works
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improvement necessitates the relocation of Franchisee’s then existing Facilities within the
Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate
a public works improvement, and if applicable, written notice requesting such
relocation; and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement; and
c. Provide Franchisee with contact information for the designated City project
manager responsible for the public works improvement project for which all
communication pertaining to the project scope shall be coordinated with unless
directed otherwise by designee or otherwise required by this Franchise.
15.2 Franchisee Relocation Plans: Unless a longer period is specified by the City
project manager, within 60 days of receipt of such notice and such plans and specifications,
as identified in section 15.1, Franchisee shall:
a. Provide the City with a designated Franchisee project manager to be the sole
contact point for all communication pertaining to the project scope unless directed
otherwise by designee or required by this Franchise.
b. Submit to the City’s project manager the Franchisee plan drawings for the
relocation of the Franchisee Facilities in advance of the preparation of the City’s final
plans and specifications for incorporation into the City’s construction plans.
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c. Submit to the City’s project manager a proposed construction schedule for
review and approval. The City’s project manager and Franchisee’s project manager
shall coordinate the schedule in reasonable and good faith.
15.3 Franchisee Relocation Work:
a. City project manager shall provide Franchisee project manager a written
notice to proceed. The relocation completion date will be included in the City’s
written request for said relocation to Franchisee.
b. To prevent delay to the City’s project, upon receipt of notice per 15.3.a,
Franchisee shall complete the relocation work as per the schedule in 15.2.c, unless
otherwise agreed upon by the City’s project manager.
c. Franchisee shall relocate such Facilities within the Franchise Area at no
charge to the City, except that if the City pays for or reimburses the relocation costs
of another telecommunications utility, under materially identical circumstances, it
shall pay for or reimburse a proportionate share of Franchisee’s relocation costs.
Franchisee shall be solely responsible for any associated cost caused by any
construction delays to the City’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities in
accordance with sections 15.8 through 15.11.
15.4 Emergency Relocation of Facilities: In the event an emergency posing a threat
to public safety or welfare that is not related to a release of hazardous materials or
substances requires the relocation of Franchisee’s Facilities within the Franchise Area,
Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
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Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to
relocate the affected Facilities, at Franchisee’s sole expense. See also section 12.1 of this
Agreement.
15.5 Third-Party Construction: Whenever any person or entity, other than Renton
or its partner agency(ies) requires the relocation of Franchisee’s Facilities to accommodate
the work of such person or entity within the Franchise Area; or, Renton requires any Third-
Party to undertake work (other than work undertaken at Renton’s cost and expense) within
the Franchise Area and such work requires the relocation of Franchisee’s Facilities within
the Franchise Area, Franchisee may condition such relocation to require such person or
entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee
for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee’s
Facilities.
15.6 Third-Party Construction of Public Utility Improvement Project: Any condition
or requirement imposed by Renton upon any Third-Party (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conjunction with approvals
or permits obtained pursuant to any zoning, land use, construction or other development
regulation) which requires the relocation of Franchisee’s Facilities within the Franchise
Area, then Franchisee shall relocate its Facilities; provided, however, in the event Renton
reasonably determines and notifies Franchisee that the primary purpose of imposing such
condition or requirement upon such Third-Party is to cause or facilitate the construction of
a public works project to be undertaken within a segment of the Franchise Area on Renton’s
behalf and consistent with Renton’s Capital Investment Program or its Transportation
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Improvement Program; or the Transportation Facilities Program, then only those costs and
expenses incurred by Franchisee in reconnecting such relocated Facilities with
Franchisee’s other Facilities shall be paid to Franchisee by such Third-Party, and Franchisee
shall otherwise relocate its Facilities within such segment of the Franchise Area in
accordance with subsection 15.1.
15.7 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost
and expense is to be borne by Franchisee, Franchisee may, after receipt of written notice
requesting such relocation, submit in writing to Renton alternatives to relocation of its
Facilities.
a. Upon Renton’s receipt from Franchisee of such written alternatives, Renton
shall evaluate such alternatives and shall advise Franchisee in writing if one or more
of such alternatives are suitable to accommodate the work which would otherwise
necessitate relocation of Franchisee’s Facilities.
b. In evaluating such alternatives, Renton shall give each alternative proposed
by Franchisee fair consideration with due regard to all facts and circumstances
which bear upon the practicality of relocation and alternatives to relocation. If
Renton determines that such alternatives are not appropriate, Franchisee shall
relocate its Facilities as provided in subsection 15.1.
c. The City may seek reimbursement from Franchisee for all costs associated
with evaluation and implementation of proposed alternatives. Costs shall be related
to implementation, but is not limited to, redesign, construction cost increases and
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any contractor(s) change orders or claims for delays or damages. All costs shall be
reimbursed in accordance with sections 5.7 through 5.9.
15.8 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit
of easement or other rights not arising under this Franchise.
15.9 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third-Party actions, claims, damages,
liabilities, or suits for delays on Renton’s construction projects arising from or caused by
Franchisee’s failure to remove or relocate it Facilities in a timely manner, though Franchisee
shall not be liable for damages due to delays that were out of Franchisee’s reasonable or
expected control.
15.10 Contractor Delay Claims: If Franchisee breaches its obligations under
Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this
section with respect to relocating its Facilities, and to the extent such breach causes a delay
in the work being undertaken by the City of Renton s third party contractor(s) that result in a
claim by the third party contractor(s) for costs, expenses and/or damages that are directly
caused by such delay and are legally required to be paid by the City (each, a “Contractor
Delay Claim”), the City may at its sole option:
a. Tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with section 15.10; or
b. Require that Franchisee reimburse the City for any such costs, expenses,
and/or damages that are legally required to be paid by the City to its third party
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contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the
City requires reimbursement by Franchisee under this section 15.8.b, the City shall
first give Franchisee written notice of the Contractor Delay Claim.
15.11 Failure to Remove or Relocate Facilities: If Franchisee fails, neglects, or
refuses to remove or relocate its Facilities as directed by the City following the procedures
outline in this Section XV, then after fifteen (15) days’ notice to Franchisee, the City may
perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee
pursuant to sections 5.7, 5.8, and 5.9.
15.12 Survival: The provisions of this Section XV shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have Facilities in
the Rights-of-Way.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation
of use of any of its Facilities within sixty (60) days after such abandonment or cessation of
use. Franchisee shall notify the City in writing for such planned abandonment or cessation
and include a site plan showing all Facilities, including respective size and material type,
planned for abandonment or cessation. Any plan for abandonment or removal of
Franchisee’s Facilities within the Franchise Area must be first approved in writing by the
Administrator, or designee. Unless otherwise determined acceptable, for any Facility
Franchisee is authorized to abandon, the Franchisee shall remove all wire and associated
appurtenances. Franchisee covenants and agrees that for any request for abandonment or
cessation, the City may elect to take ownership of the Facilities. In such case the City elects
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to take ownership of the Facilities, the City shall prepare a Bill of Sale (BOS) for Franchisee
to review and sign within thirty (30) days.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation
of use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation
of use, remove the Facilities at Franchisee’s sole expense. However, with Renton’s express
written consent, Franchisee may, at Franchisee’s sole cost and expense, secure the
Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing
all lines, conduits and appurtenances, in compliance with all Laws, and abandon them in
place, provided that any above ground Facilities shall be removed at Franchisee’s sole
expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities,
to the extent reasonably possible, Franchisee shall restore the Franchise Area in
accordance with the Trench Restoration and Street Overlay requirements as it exists or may
be amended. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the
Facilities and/or fails to restore the premises or take such other mutually agreed upon
action, Renton may, after reasonable notice to Franchisee, remove the Facilities, restore the
premises or take such other action as is reasonably necessary at Franchisee’s sole expense
and Renton shall not be liable for any damages, losses or injuries. This remedy shall not be
deemed to be exclusive and shall not prevent Renton from seeking a judicial order directing
Franchisee to remove its Facilities.
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16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs
to remove, alter or re-secure such Facilities in the future in the event it is reasonably
determined, as adjudged in Renton’s sole discretion, that removal, alteration or re-securing
the Facilities is necessary or advisable for the health, safety, necessity and/or convenience
of the public, in which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If either Party provides notice in accordance with Section XXV of
this Agreement that it does not wish to renew, extend and/or continue the Franchise, this
Franchise shall be terminated as of the expiration date described in Section IV.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain
any required license, permit or approval, and fails to cure such breach or failure within thirty
(30) days of Renton providing Franchisee with written notice specifying with reasonable
particularity the nature of any such alleged breach or failure, or, if not reasonably capable
of being cured within thirty (30) days, within such other reasonable period of time as the
Parties may agree upon, Renton may terminate this Franchise, without any penalty, liability,
cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated prior to the
expiration date of this Franchise except upon a majority vote of the City Council, after
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reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before
the hearing) and an opportunity to be heard, provided that if exigent circumstances
necessitate immediate termination, the hearing may be held as soon as possible after the
termination.
17.4 Discontinue Operations:
a. If the Franchise is terminated, Franchisee shall immediately discontinue
operation of Facilities through the Franchise Area.
b. In such circumstances, either Party may invoke the dispute resolution
provisions in Section XVIII. Alternatively, either Party may elect to seek relief directly
in the United States District Court for the Western District of Washington, in Seattle,
Washington, or in the King County Superior Court for the State of Washington at the
Maleng Regional Justice Center, Kent, Washington, in which case the dispute
resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal
and/or abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular
remedy at any time shall not waive Renton’s right to terminate, assess penalties, or assert
any equitable or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and
to restore the Franchise Area.
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17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties
to comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Party violates such covenant. Therefore, the Parties shall have the right to obtain in any court
of competent jurisdiction injunctive relief to restrain any breach or threatened breach, or to
specifically enforce any of the Franchise covenants should the other Party fail to perform
them.
17.8 Except as limited by Section XIX “Arbitration”, The City may elect, without any
prejudice to any of its other legal rights and remedies, to obtain an order from the superior
court having jurisdiction compelling Franchisee to comply with the provisions of the
Franchise and to recover damages and costs incurred by the City by reason of Franchisee’s
failure to comply. In addition to any other remedy provided herein, the City reserves the right
to pursue any remedy to compel or force Franchisee and/or its successors and assigns to
comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein. Provided, further, that by entering into this Franchise, it is not the
intention of the City or Franchisee to waive any other rights, remedies, or obligations as
otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed
or construed to effect any such waiver.
17.9 If Franchisee shall violate, or fail to comply with any of the provisions of this
Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
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provisions of this Franchise, the City shall provide Franchisee with written notice specifying
with reasonable particularity the nature of any such breach and Franchisee shall undertake
all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee’s submittal of a plan to cure the breach within the specified period,
commencement of work within the original thirty (30) day cure period, and diligent
prosecution of the work to completion. If the breach is not cured within the specified time,
or Franchisee does not comply with the specified conditions, the City may, at its discretion,
(1) revoke this Franchise with no further notification, or (2) claim compensatory damages of
two hundred fifty dollars ($250) per day or (3) pursue other remedies as described in section
17.9 above. Liquidated damages described in this section 17.10 shall not be offset against
any sums due to the City as a tax or reimbursement pursuant to code or this Franchise.
17.10 Non-Waiver: The Failure of the City to insist upon strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any
such covenants, agreements or option or any other covenants, agreements or option.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee
shall provide a written response to Renton acknowledging receipt of notice and stating
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Franchisee’s response. Franchisee has thirty (30) days (“cure period”) from the date of the
notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2; or
b. Cure the alleged default; or
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance
with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting
shall take place not less than ten (10) days after Franchisee’s receipt of notice of the
meeting. Each Party shall appoint a representative who shall attend the meeting, represent
their party’s interests, and who shall exercise good faith to reach an agreement on any
alleged default and/or any corrective action to be taken. Any dispute (including any dispute
concerning the existence of or any corrective action to be taken to cure any alleged default)
that is not resolved within ten (10) days following the conclusion of the meeting shall be
referred by the Parties’ representatives in writing to the Parties’ senior management for
resolution. If senior management is unable to resolve the dispute within twenty (20) days of
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referral (or such other period as the Parties may agree upon), each Party may pursue
resolution of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall
be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for
in subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute
or agree upon the existence of a default or the corrective action to be taken to cure any
alleged default, Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the
city code; provided such action does not conflict with this Franchise’s provisions;
and/or
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of
or related to Sections III, Grant of Franchise (or such other sections with respect to
the existence of conflicts or inconsistencies with the express terms and conditions
of this Franchise and any applicable Laws); XIII, Records of Installation; XIV,
Undergrounding of Facilities (except as preempted by WUTC authority); and XV,
Relocation of Franchisee Facilities (excluding project delay claims exceeding thirty
thousand dollars ($30,000)) of this Franchise (the “Arbitration Claims”); and/or
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach
or default of any material, non-Arbitration Claims, obligations under this Franchise;
and/or
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d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and
Franchisee in writing, Renton and Franchisee shall, continue to perform their respective
obligations under this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or
claim arising out of or relating to Arbitration Claims, shall be referred for resolution to the
American Arbitration Association in accordance with the rules and procedures in force at
the time of the submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory
damages., including consequential damages. Such damages may include, but shall not be
limited to: all costs and expenses of materials, equipment, supplies, utilities, consumables,
goods and other items; all directly related costs and expenses of any staff; all costs and
direct expenses of any labor (including, but not limited to, labor of contractors of any tier);
all pre-arbitration costs and expenses of consultants, attorneys, accountants, professional
and other services, as outlined in section 19.5 below; and all taxes, insurance, interest
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expenses, directly related overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written
opinion setting forth the findings of fact and conclusions of law relied upon in reaching the
decision. The award rendered by the arbitrators shall be final, binding and non-appealable,
and judgment upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, see each
Party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses
and costs in connection with the presentation of such Party’s case including, without
limitation, the cost of any records, transcripts or other things used by the Parties for the
arbitration, copies of any documents used in evidence, certified copies of any court,
property or city documents or records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records
or transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator’s decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections
19.5 and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs,
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including attorneys’ fees, for any subsequent arbitration brought by them in which they are
found to be the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration
proceeding transcript for its use in writing a post-hearing brief, or an arbitration decision
copy to append to a lawsuit to reduce the award to judgment, etc., then that Party shall
bear the cost, except to the extent such cost might be allowed by a court as court costs.
SECTION XX. Alternative Remedies
20.1 No provision of this Franchise shall be deemed to bar the right of Renton or
Franchisee to seek or obtain judicial relief from a violation of any Franchise provision or any
rule, regulation, requirement or directive promulgated for non-Arbitration Claims. Neither
the existence of other Franchise remedies nor the use of such remedies shall bar or limit the
right of Renton or Franchisee to recover monetary damages for violations by the other Party,
or to seek and obtain judicial enforcement of the other Party’s obligations by means of
specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
21.1 This Franchise may only be amended by written instrument, signed by the
Parties, specifically stating that it is an amendment to this Franchise and is approved and
executed in accordance with State of Washington laws. Without limitation, and unless
required by any Laws, this Franchise shall govern and supersede and shall not be altered,
limited, supplemented or otherwise amended by any permit, approval, license, agreement
or other document required by or obtained from Renton in conjunction with Franchisee’s
exercise or failure to exercise any and all benefits, privileges, obligations or duties in and
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under this Franchise, unless such permit, approval, license, agreement or other document
specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and
conditions of this Franchise. In the event of any conflict or inconsistency between the
provisions of this Franchise and the provisions of any such permit, approval, license,
agreement or other document, except as expressly required by Laws and/or
superseded by such permit, approval, license, agreement or other document, the
Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level),
and volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton
in its defense, arising out of or related to, directly or indirectly, to Franchisee’s Work or
abandonment of Facilities, or from the existence of Franchisee’s Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and
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any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or
other damages arising under any Laws, including, but not limited to, Environmental Laws,
and any action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to
persons or property which is caused by, in whole or in part, and only to the extent of, the
willfully tortious or negligent acts or omissions of Franchisee or its agents, contractors of
any tier, employees, representatives or trainees related to Franchisee’s granted Franchise
privileges. If any action or proceeding is brought against Renton by reason of Franchisee’s
Facilities, Franchisee shall defend Renton at Franchisee’s sole expense, provided that, for
uninsured actions or proceedings, defense attorneys shall be approved by Renton, which
approval shall not be unreasonably withheld. The terms of this section shall not require
Franchisee to indemnify Renton against and hold harmless Renton from claims, demands
or suits based upon Renton’s negligent or willful conduct, and provided further that if the
claims or suits are caused by or result from the concurrent negligence of (a) the Franchisee’s
agents, officers, or employees and (b) Renton, this provision with respect to claims or suits
based upon such concurrent negligence shall be valid and enforceable only to the extent of
Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, either at law or in equity, to persons or
property, including, but not limited to, costs and reasonable attorneys’ and experts’ fees
incurred by Renton, arising directly or indirectly from: (a) Franchisee’s breach of any
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environmental Laws or Laws applicable to the Facilities, or (b) from any release of a
hazardous substance on or from the Facilities, or (c) other activity related to this Franchise
by Franchisee. This indemnity includes, but is not limited to, (a) liability for a governmental
agency’s costs of removal or remedial action for Hazardous Substances; (b) damages to
natural resources caused by Hazardous Substances, including the reasonable costs of
assessing such damages; (c) liability for any other person’s costs of responding to
Hazardous Substances; (d) liability for any investigation, abatement, correction, cleanup,
costs, fines, penalties, or other damages arising under any Laws; and (e) liability for personal
injury, property damage, or economic loss arising under any statutory or common-law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this
section shall include assuming potential liability for actions brought by Franchisee’s own
employees and the employees of Franchisee's agents, representatives, contractors of any
tier even though Franchisee might be immune under RCW Title 51 from direct suit brought
by such employees. It is expressly agreed and understood that this assumption of potential
liability for actions brought by the aforementioned persons is limited solely to claims against
Renton arising by virtue of Franchisee’s exercise of the privileges set forth in this Franchise.
The obligations of Franchisee under this section have been mutually negotiated by the
Parties, and Franchisee acknowledges that Renton would not enter into this Franchise
without Franchisee’s waiver of immunity. To the extent required to provide this
indemnification and this indemnification only, Franchisee waives its immunity under Title 51
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RCW as provided in RCW 4.24.115 (Validity of agreement to indemnify against liability for
negligence relative to construction, alteration, improvement, etc.).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine
that this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against
liability for negligence relative to construction, alteration, improvement, etc.), as it exists or
may be amended, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
Franchisee, its officers, officials, employees, and volunteers and/or a contractor of any tier,
or Renton, its elected officials, officers, officials, employees, and volunteers, and or the
contractor, the party’s liability shall be only to the extent of that party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly attempt to
notify Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall
have the privilege, at its election and at its sole costs and expense, to settle and compromise
such matter as it pertains to Franchisee’s responsibility to indemnify, defend and hold
harmless Renton. In the event any suit or action is started against Renton based upon any
such matter, Renton shall likewise promptly attempt to notify Franchisee, and Franchisee
shall have the privilege, at its election and at its sole cost and expense, to settle and
compromise such suit or action, or defend the same at its sole cost and expense, by
attorneys of its own election, as it pertains to Franchisee’s responsibility to indemnify,
defend and hold harmless Renton. Franchisee’s indemnification obligations do not apply to
the extent that Renton fails to provide attempt to notice in accordance with Section XXV of
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this Franchise, and such failure materially prejudices Franchisee or the defense of an
action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit
or action” and Franchisee refuses to defend and indemnify Renton, as referenced in
subsection 22.2 and Renton is determined to be without fault for the claim or demand giving
rise to such "suit or action,” Franchisee shall reimburse Renton for a percentage of Renton’s
total defense costs. The percentage of Renton’s total defense costs to be reimbursed shall
be a percentage equal to the percentage (if any) of fault attributable to Franchisee for the
claim or demand giving rise to such “suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or
termination of this Franchise if the basis for any such claim, demand, suit or action as
referenced in subsection 22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration
of the Franchise, insurance, or provide evidence of self-insurance, against all claims for
injuries to persons or damages to property which may arise from or in connection with the
exercise of the privileges granted by Franchise to Franchisee. Franchisee shall provide to
Renton an insurance certificate, and/or a certificate of self-insurance, together with a
blanket additional insured endorsement on the general and automotive liability policies,
including Renton as an additional insured as their interest may appear under this Franchise
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upon Franchisee’s acceptance of this Franchise, and such insurance certificate shall
evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises-operations, explosion, collapse and
hazard, underground hazard (XCU) and products completed hazard, with limits of
five million dollars ($5,000,000) for each occurrence for bodily injury and property
damage and five million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non-owned and hired vehicles
with a combined single limit of three million dollars ($3,000,000) each accident for
bodily injury and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for
each occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution
condition arising out of or resulting from the use and occupancy of the premises and
the operations conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee.
The insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers
shall be included as an additional insured as their interest may appear under this Franchise
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on the commercial general liability and commercial automobile liability insurance, as
respects work performed by Franchisee and the blanket additional insured endorsement
shall be included with on the certificate of insurance or certification of self-insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall
provide the City of Renton with thirty (30) days prior written notice of cancellation. In the
event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to
Renton evidence of replacement insurance policies meeting the requirements of this
section before the cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with
certificates of insurance evidencing the coverage or self-insurance required by this section
upon acceptance of this Franchise. The certificates and blanket additional insured
endorsement shall be signed by a person authorized by the insurer to bind coverage on its
behalf and must be received and approved by Renton prior to the commencement of any
Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer’s liability.
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23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
24.1 In connection with this Franchise, including and not limited to all Work, hiring
and employment, neither Franchisee nor its employees, agents, contractor of any tier,
volunteers or representatives shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation or preference, age (except minimum
age and retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment or
application for employment or in the administration of the delivery of services or any other
benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that
prohibit such discrimination. A copy of this language must be made a part of an agreement
with a contractor of any tier.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below. Any notice or
information required or permitted to be given to the Parties under this Franchise may be sent
to following Addresses unless otherwise specified:
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City Address:
City of Renton
ATTN: CED, Development Engineering, Franchise Permits
1055 S Grady Way
Renton, WA 98057
City Contact:
franchisepermits@rentonwa.gov
425.430.7240
City Public Works Improvement Project Contact:
As specified in section 15.1.c
Franchisee Address:
135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
Franchisee Permitting Contact:
Raquel Butler, raquel.butler@ziply.com
Franchisee Emergency Contact:
Ziply Fiber Network Operations Center, 509-823-1886
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is
not a legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
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SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is”
condition. Franchisee agrees that Renton has never made any representations, implied or
express warranties, or guarantees as to the suitability, security or safety of the location of
Franchisee’s Facilities or the Franchise Area, or possible hazards or dangers arising from
other uses or users of the Franchise Area, Rights-of Way, Public Property, and Public Ways
including any use by Renton, the general public, or by other utilities. As to Renton and
Franchisee, Franchisee shall remain solely and separately liable for the Work, function,
testing, maintenance, replacement and/or repair of the Facilities or other activities
permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions
shall be binding upon and inure to the benefit of the Parties’ respective successors and
assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing
party shall be entitled to recover all of its Costs, including such sum as the court may judge
as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any
judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise
between the Parties, the terms of this Franchise shall supersede the terms of the previous
Franchise.
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26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s
behalf to the extent that Franchisee permits its contractors to do so. Franchisee is
responsible for ensuring that Franchisee’s contractors have every obligation, duty and
responsibility that Franchisee has in discharging its duties related to this Franchise.
Franchisee and Franchisee’s contractors shall acquire and maintain a City of Renton
business license in accordance with RMC 5-5 as it exists or may be amended; Franchisee
shall acquire and maintain a business license during the duration of the Franchise while
contractors shall acquire and maintain a business license prior and during that time that any
permit is active.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion
of the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall
be attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the
reasonable control of Franchisee, then Franchisee’s performance shall be excused during
the Force Majeure occurrence. Upon removal or termination of the Force Majeure
occurrence Franchisee shall promptly perform the affected obligations in an orderly and
expedited manner under this Franchise or procure a substitute for such obligation or
performance that is satisfactory to Renton. Franchisee shall not be excused by mere
economic hardship or by misfeasance or malfeasance of its directors, officers or
employees. Events beyond Franchisee’s reasonable control include, but are not limited to,
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Acts of God, war, acts of domestic terrorism or violence, civil commotion, labor disputes,
strikes, earthquakes, fire, flood or other casualty, shortages of labor or materials,
government regulations or restrictions and extreme weather conditions. Franchisee shall
use all commercially reasonable efforts to eliminate or minimize any delay caused by a
Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to
comply with any of the Franchise provisions, or through willful or unreasonable negligence
fails to heed or comply with any notice that Renton may give to Franchisee under the
Franchise provisions, at the election of the Renton City Council, this Franchise may be
revoked or annulled after a hearing held upon reasonable notice to Franchisee (which notice
shall be given at least thirty (30) days before the hearing), and upon such revocation, all
privileges conferred under this Franchise shall be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if
Franchisee fails to file its unconditional acceptance of this Franchise within thirty (30) days
from the final passage of same by the Renton City Council. Franchisee shall file this
acceptance with the City Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
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Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any
of its elected officials, agents, employees or representatives, and no liability arises from any
action or inaction by Renton or any of its elected officials, agents, employees or
representatives in the exercise of their powers or authority. Renton is not required to inspect
or guarantee Franchisee’s Work. This Franchise is not intended to acknowledge, create,
imply or expand any duty or liability of Renton with respect to any function in the exercise of
its police power or for any other purpose. Any duty that may be deemed to be created in
Renton by this Franchise shall be deemed a duty to the general public and not to any specific
party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5)
calendar days of filing with the WUTC. Franchisee shall further provide Renton with a copy
of any actual approved Tariff(s) affecting the provision of this Franchise.
26.14 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate,
or be deemed to diminish or eliminate that governmental or police powers of Renton,
including the right to create new Laws or modify existing Laws.
26.15 Public Document/Public Disclosure: This Franchise will be considered a
public document and will be available for reasonable inspection and copying by the public
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during regular business hours. This document may be disclosed pursuant to RCW 42.56
(Public Records Act).
26.16 Section Headings: The Section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.17 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the
Parties shall negotiate in good faith and agree, to the maximum extent practicable in light of
such determination, to such amendments or modifications as are appropriate so as to give
effect to the intentions of the Parties. If severance from this Franchise of the particular
provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the
value of this Franchise, either Party may apply to the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court
for the State of Washington at the Maleng Regional Justice Center, Kent, Washington to
reform or reconstitute the Franchise so as to recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times during
which negotiations or a judicial action remains pending.
26.18 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to
the extent such an inference is necessary to prevent substantial injustice to an injured party.
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26.19 Third-Parties: The Parties do not create any obligation or liability, or promise
any performance to, any Third-Party, nor have the Parties created any Third-Party right to
enforce this Franchise beyond what is provided for by Laws. “Third-Parties” are any party
other than Renton and Franchisee. This Franchise shall not release or discharge any
obligation or liability of any Third-Party to either Party.
26.20 Time of the Essence: Whenever this Franchise sets forth a time for any act to
be performed, such time shall be deemed to be of the essence, and any failure to perform
within the allotted time may be considered a material violation of this Franchise.
SECTION XXVII. Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a
summary of this ordinance in the City’s official newspaper, and provided it has been duly
accepted by Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2026.
Armondo Pavone, Mayor
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:25ORD029:01.15.2026
[MPK Template Approval 10.18.2025]
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UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise,
subject to all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 20__.
FRANCHISEE
________________________________
(NAME)
________________________________
(TITLE)
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Attachment 1
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