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Home My WebLink AboutReport 01G3AI303b -LN l 0/ F4 • 17 T23N R5E W 1/2 s C I��' co 9° I CO tY 00 X, m 00 Q R-8 C A C A cp ° ° C to a.)A 7 R-8 d (0 ) co co �❑ CA �� CA �fi � R-8 R-8 DEVELOPME14T r,iTY OF RE14TON PLANNING go P!. CA JUN - 9 Z008 RM-F �"��; �„� Cl1 SEC � ECG co � RM—F- o CA CA q RM—F- R-- a z 3 Is, SE 16t itJ S l Sth CR a RM—r % R-8 cA Yl C A R M— F Rabin R — 8 R — `�'R I.P, , i RM-F RM—F- R J O "' RM-F R — 8, �IYr r R-8 RM-F R-8 R-8 rI R �. RM-F H4 29 T23N R5E W 1/2 2 0 , 0 ZONING "d - — -- Reatou L''ltp umitp 1:4800 G4 I, * p/B/PW TECHNICAL SERVICES J$ - 20 T23N ME W 1/2 FTC 02J2810i �- tkyL �' t fL ��? i�;i� r 5320 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 19, 2008 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Rainier Auto Sales Event LUA (file) Number: LUA-08-058, TP Cross -References: AKA's: Project Manager: Rocale Timmons Acceptance Date: June 18, 2008 Applicant: Randy Morrison, Burien Nissan (Rainier Auto Group) Owner: Walmart Tax Dept. Contact: same as applicant PID Number: 1723059183 ERC Decision Date: ERC Appeal Date: Administrative Approval: July 3, 2008 Appeal Period Ends: July 3, 2008 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting a temporary use permit to allow temporary outdoor auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100 new and used cars as well as a sales tent to house on -site phones. No other utilities, including electricity, will be needed. Rainier Auto Group will have 8-10 staff members and a manager on -site during operation hours. Hours of operation will be June 27th - 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June 25th. The site will be restored Wits previous condition by Wednesday, July 2nd. Location: 901 S Grady Way Comments: 7/25/08 - Requested an extension of Temporary Use Permit. 8/6/08 - Granted an extension to cover upcoming sales event of August 7th-10th. Permit expires 8/13/08. CITE' OF RENTON Department of Community and Economic Development Alex Pietsch, Administrator August 6, 2008 Randy Morrison Burien Nissan (Rainier Auto Group) 16042 1" Ave S. Seattle, WA 98148 Subject: Car Sales Events — Temporary Use Permit Extension (LUA08-058, TP) 915 South Grady Way Dear Mr. Morrison: `Phis letter is sent in response to your request for an extension of the Temporary Use Permit (LUA08-058, TP) issued on June 25, 2008. The permit was issued in order to allow a temporary outdoor car sales event, during June of 2008, in the parking lot of Sam's Club. The applicant proposed to have about a 100 new and used cars as well as a sales tent to house on -site phones. It appears the applicant would like to conduct four more sales events on the same site. The proposed dates of the event include the following: August Tat= 10a; September l I1— 14th; October 16`h — 19`h; and November 20"' — 2P The extension of the Temporary Use Permit is approved only for the August 7th -10a' sales event. Based on decision made by City Staff all other sales events would need to be applied for under a separate permit. The dates listed on the original permit are superseded by this letter. The extension of the approval will be subject the following conditions: 1. The Rainier Auto Club shall have staff members and a manager on -site during operating hours. 2. Sales event hours of operation shall be restricted to 8:30 am— 10:00 pm. I The applicant shall not install tents or place cars no earlier than the Wednesday immediately preceding the sales event. 4. The applicant shall restore the site to its previous condition by the Wednesday immediately following the sales event. I hope this letter meets your needs. Please feel free to contact Rocale Timmons at (425) 430- 7219 with any further questions. Sincerely, Jennifer Henning Planning Manager 1055 South Grady Way - Renton, Washington 98057 R E N T Q N AHrAb OF TIIF CURVE This paper contains 50 %recycled material, 30%post consumer 2008-07-2513.19 MikeNunini-MS1 4 00-592-9118 >> 4254307231 P1h CITYOFAENTON RECEIVED JUL z 5 2008 BUILDINGNISION To: Randy Morrison General Manager Burien Nissan 16042 1" Avenue Seattle, Washington 99148 From: Michael L. NonW Division Manager Sam's Club Auto Buying Program 13016 North Walton Blvd. Bentonville, Arkansas 72712 Subject: Renton, Washington, Club 04835 future Auto Events as stipulated on advertising agreements. To Whom It May Concern: This letter is to state that Burien Nissan is part of a National Sam's Club Program that allows for off -site events on our property at: 901 South Grady Way, Renton, Washington. The Dealer has asked permission and it is granted by Sam's Club provided the Dealer has the required permits. If there are any questions or concems, they may be directed to my office at: 1-888-571-1557 or a voice mail may be left at: 1479464-3930. Michael L. Nonini Division Manager Sam's Club Auto Buying Program CtTVp�pENTON 1EFE'M JUL 2 5 2008 Burien Nissan (Rainier Automotive [Troup) Qu'Lol"C01VISION Project Narrative Burien Nissan would like to obtain a temporary use permit to allow Burien Nissan and the Sam's Club of Renton to hold an onsite Automobile Sale on the property of Sam's Club, located at 901 S Grady Way, Renton, Wa, 98057. The event will take place starting.. (see Requesting the temporary permit to start /Dray 13,17rrm 1 v""l I-) %Z'i 13 G'/e• iv - We will bring 100 cars into the lot using normal Sam's Club access currently being used for normal use with no changes. Improvement to lot is to erect a three sided tent 30'x 40'. The event will take place on the North end of ['wady Way's Sam's Club parking lot. See lot map for exact parking stalls to be used and tent location. I lours of operation will be from 8:30 am to 10 pm on event days mentioned above. There will be no security after 10 pm. Contact person is Randy Morrison 206.349.3535 or 206.242.7070 )..006 7A.-J,45 A f]u wsi /vJ ,,2r7o& SE l�rnlatl� /l1 o2bv� � n rsu�r {� Sep /PmLC- vo� �� j� ,,t �� b � /G} � TA 1l%vv-,i7CR ) -31�Du� AN&TISING AGREEMAT 13016 N. Walton Blvd., Bentonville, Arkansas 72712 - P0. Box 1760, Bentonville, Arkansas 72712 Phone # 1-800-346.5964 • Fax # 479-464.3942 ❑ Direct Mail. Lot Event Only Check the box that applies Auto, Boat This agreemenl made on July 12, .2008 , between Member Services, Inc., an Arkansas Corporation with its principle place of & RV Program business at P.O. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agoncy", and "Advertiser" doing business as: Dealership: Burlen Nissan Contact 1: Randy Morrison _ Fax:206-241-7973 Contact 2: Fax: Phone: 206.349.3535 Phone: Email: rmorrisonglourienrQ Email: Physical Address: 16042 1st Avenue South WcbsitcAddress: www.rainierautogroup,com_ City/state/zip: Seattle, Washington 98148 Vehicles Advertised: ❑Only New ❑OnlyPtc-owned ❑X Both Nissan new and used WHEREAS, The AGENCY represents that it is in the business of marketing and distributing advertising for invitational sales and promotions, and, WHII2F.AS, AD- VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terns her6iafter set forth. Package Type: Package #1 Colors: Postage Option: ❑1st Class Mail (additional fees apply) $ 7,995.00 Quantity: Gift Certificates: $5.0C SAWS CLUB Memberships: $40.00 Additional Fees: x Qty 100 X Qty 1 oo Total Deposit: A retainer in the sum of due upon consummation of this agreement (this retainer is non-refundable if cancelled by ADVERTISER). Balance Due: 30 DAYS PRIOR TO EVENT (Date) 8/11108 $ $ Included � FHENTUh DECEIVED $ Include $ 7,9 WNGD1VISION $ < 799.50 $ 7,195.50 If Contract is a Multi -Advertisers I�it (advertiser splits must add up to Qortract Total amount -All Advertiser's must sign contract) Advertiser#1 = $ Advertiser#1 = $ Advertiser #1 = $ Event Dates & Hours 9/11/08 from 8:00AM to 8:30PM 9113108 9112108 from 8:OOAM to 8:30PM 9114/08 Event Location (Please indicate what club it at dealership location) NSAM'S CLUB# 4835 - Renton El Dealership Address: 901 South Grady Way Mailing List & Zipcodes city Renton from 8:OOAM to 8:30PM from8:00AM to 8:30PM State WA Zip: 98055 Center Zipcode Go Out Miles Nq Miscellaneous # Mirror Tags 150 City/County Permits and General Liability Insurance The responsibility of securinglobtaining and supplying AGENCY a copy of all permits and general liability insurance-* applicable to this event is required by ADVERTISER before printing of invitation. Failure to obtain said documents requires ADVERTISER to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still responsible for getting and sending in permits and general liability insurance to AGENCY before event can take place. *General Liability Insurance must have t business at the event location named as the additional insured. Fax all dacurnentsto: 479-271-7371 ADVERTISE (initials) #Reg. Forms 300 Ship materials to: City; Randy Morrison at Dealership State: Zip: Continued on crack r ADVE SING AGREEMENfCONTINUED 13016 N. Walton Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 * Phone # 1-BDO-346-5964 • Fax# 479.464.3942 Auto, Boat & RV Program • Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit). • Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract. • Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially performed this agreement. • INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement. • ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational sales and promotions. • This agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by laws of the State of Arkansas. • ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event, • ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses, including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for each accident or injury. • AGENCY will not he held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure. • It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated 16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas. • AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore, AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes, It is agreed that the ADVERTISER is responsible for any and all taxes that apply for their state. • It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the dare of cancellation, • Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals. • All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY wilt not be held responsible for early or late Standard Class mail de[iveries or lost Standard Class mail, ADVERTISER will not be entitled to a refund, make-up sale or discount on future sales events should the aforementioned occur. • Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to print/TV/radio/etc., advertiser must allow up to one week for theapproval process. BY: BY - BY: 5/9/06 Advertiser #2 Signature (if applicable) Advertiser #3 Signature (if applicable) Il av- BY: / C.-�-u_ 615/08 Dale Agency Regional Manager signature Date B Y: Date Agency Divisional Manager Signature Date Both Regional and Divisional Manager Date crust sign for document to be valid. ADVNITISING AGREEMNiT 13016 N. Walton Blvd„ Bentonville, Arkansas 72712 • P.O. Box 1760, Bentonville, Arkansas 72712 Phone # 1-800-346-5964 • Fax # 479-464-3942 ❑ Direct Mail ❑ Lot Event Only Check the box that applies Auto, Boat This agreement made on July 12' 2008 , between Member Services, Inc„ an Arkansas Corporation with its principle place of & RV Program ' business at P.D. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as: Dealership: 8urien Nissan Contact 1: Randy Morrison Fax:206-241-7973 Phone: 206.349.3585 Email: rmorrisonaburient Contact 1 Fax: Physical Address: 16042 1 st Avenue South Phone: Email: Website Address: www.rainierautogroup.com CityiStatc/Zip: Seattle, Washington 98148 Vehicles Advertised: El Only New ❑Only Pre -owned ❑X Both Nissan new and used W11ERFAS, The AGENCY represents that it is in the business of mukcting and distributing advertising for invitational sales and promotions, and, V411GRFAS, AD- VEftIISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terms hereinafter set forth. Package Type: Package #1 Colors: Postage Option: ❑lst Class Mail (additional fees apply) $ 7,995.00 Quantity: Gift Certificates: $5.00 SAM'S CLUB Memberships: $40.00 Additional Fees: x Qty 100 x Qty 100 Total Deposit: A retainer in the sum of due upon consummation of this agreement (this retainer is non-refundable if cancelled by ADVERTISER). Balance Due: 30 DAYS PRIOR TO EVENT (Date) Now Advertiser #1 Advertiser #1 Advertiser #1 $ $ lncl j:pj:Urin. RECEIVED $ InclbdEd2 5 /j;, ) $ BftB1%DiV30N $ 7,995.00 $ < NIA $ 7995.00 G 91, 0iser's must sign nlr 1[IL 93 $ Q_ Event Dates & Hours August 7, 2008 from B:OOAM to 8:30PM August 9, 2008 from 8:00AM to 8:30PM August 8, 2008 from 8:OOAM to 8:3OPM August 10, 2008 from B:OOAM to 8:30PM Event Location (Please indicate what club if at dealership location) OSAM'S CLUB# 4835 - Renton ❑ Deatership Address: 901 South Grady Way City Renton State WA Zip; 98055 Mailing List & Zipcodes Center Zipcode Go Out Miles City/County Permits and General Liability Insurance The responsibility of securinglobtaining and supplying AGENCY a copy of all permits and general liability insurance* applicable to this event is required by ADVERTISER before printing of invitation. Failure to obtain said documents requires ADVERTISER to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still responsible for getting and sending in permits and general liability insurance to AGENCY before event can take price. *General Liability Insurance must have r business at the event location named as the additional insured. Fax all documents to: 479-27 1-7371 itials) Miscellaneous # Mirror Tags 150 #Reg. Forms 300 Ship materials to: city: Randy Morrison at Dealership State; Zip: Continued on hack ADVERflSING AGREEMENAONTINUED 13016 N. Wallon Blvd., Bentonville, Arkansas 72712 • P.O. Box 1760. Bentonville, Arkansas 72712 • F*a # 1-800.346-5964 • Fax # 479-464-3942 Auto, Boat & RV Program • Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit), • Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days fmm date of contract. • Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially performed this agreement. • INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement. • ADVERTISER agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational sales and promotions. • This agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by laws of the State of Arkansas. • ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event. • ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses, including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for each accident or injury. • AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure. • It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated 16-108-201 etsey with any such arbitration proceeding to occur in Bentonville, Arkansas. AGENCY shall not he held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore, AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for any and all taxes that apply for their state. • It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in Bentonville, Arkansas, and the final approval of SAM'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible for DEALER'S/ADVERTISER'S outside advertising expense, regardless of the date of cancellation. • Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals. • All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will riot be entitled to a refund, make-up sale or discount on future sales events should the aforementioned occur. Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to print/Wradioietc., advertiser must allow up to one week for the approval process. l" BY: __ r _ _ _;7 0'0- BY: _ _ WL6`- _615108 erns Signature Y _ Date Agency Reyinnal Manager Signature Date 13Y: BY: _ A vertiser#2Signature(if appticable) Date BY: 514/06 Advertiser #3 Signature (if applicable) Date Agency Divisional Manager Signature Both Regional and Divisional Manager in List sign for document to be valid. Date - ADVATISING AGREEMAT ❑ Direct Mail 13016 N. Walton Blvd., Bentonville, Arkansas 72712 - P.O. Box 1760, Bentonville, Arkansas 72712 Lot Event Only Phone 1-800.346-5964 • Fax 0479.464-3942 Check the box that applies Auto, Boat This agreement mada on JUIy 12, , 2008 , between Member Services, Inc., an Arkansas Corporation with its principle place of & RV Program business at P.O. Box 1760, Bentonville. Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as: Dealership: $urien Nissan Contact 1: Randy Morrison Fax:206-241-7973 Contact 2: Fax: Phone: 206.349.3535 Phone: Email: rmorrisonl-buriend Entail: Physical .address: 16042 1st Avenue South websitcAddress: www.rainierautogroup.com City/state/Zip: Seattle Washington 98148 Vehicles Advertised: El Only New ❑only Pre -owned ❑, Bodt Nissan new and used W&IERF.AS, The AGENCY represents that it is in the business of marketing and distributing advertising for invitational sales and promotions, and WHEREAS, AD- VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terms hereinafter set forth. Package Type: Package #1 Colors: Postage Option: ❑1st Class Mail (additional fees apply) $ 7,995.00 Quantity: Gift Certificates: $5.00 SAWS CLUB Memberships: $40.00 Additional Fees: x Qty 100 x Qty 100 Total Deposit: A retainer in the sum of due upon consummation of this agreement (this retainer is non-refundable if cancelled by ADVERTISER). Balance Due: 30 DAY5 PRIQR IQ EVEN(Date) 9/16108 $ : _ $Included_ `. C') - $ Included $ ) 4dO C� $ 7,995.00 Z $ < 799.50 $ 7,195.50 If Contract is a Multi -Advertiser split (advertisQr ;p t must add ups contract Total amount -Ad Advertiser's must sign contract) Advertiser #1 = $ Advertiser #1 $ Advertiser #1 — $ Event Dates & Hours 10/16/08 from 8:OOAM to 8:30PM 10/18/08 from 8:OOAM to 8:30PM 10/17/08 from 8:OOAM to 8:30PM 10/19/08 Event Location (Please indicate what club if at dealership location) ❑SAWS CLUB# 4835 - Renton ❑Dealersh.ip from 8:OOAM to 8:30PM Address: 901 South Grady Way City Renton State WA zip: 98055 Mailing List & Zipcodes Center Zipcod City/County Permits and General Liability Insurance The responsibility of securinglobtaining and supplying AGENCY a copy of all permits and general liability insurance* applicable to this event is required by ADVERTISER before printing of invitation. Failure to obtain said documents requires ADVERTISER to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still responsible fur getting and sending in permits and general liability insurance to AGENCY before event can take place. *General Liability Insurance must haver + Business at the evert location named as the additional insured. Go Out Miles Miscellaneous # Mirror Tags 150 #Reg. Forms 300 Ship materials to: city: Randy Morrison at Dealership State: Zip: Fax all documents to: 479-271-7371 continued on back ADVER ING AGREEMENTWNTINUED 13016 N. Walton Blvd., Bentonville, Arkansas 72712 - P.0, Box 1760, Bentonville, Arkansas 72712 • Phane # 1-800-346-5964 - Fax # 479-464-3942 Auto, Boat & RV Program • Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit). • Fee is subject -to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract. • Substantial Performance: It is mutually agreed that, upon mailing of the invit--itions the AGENCY shall be considered to have substantially performed this agreement, • 1NDFPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement. • ADVERTISFR agrees to supply AGENCY with local dealership name to be used with any marketing and distributed advertising for invitational sales and promotions. • This agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. The validity of this agreement and of any of its terms or provisions, as welt as the rights and duties of the parties hereunder, shall be governed by laws of the State of Arkansas. • ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event. • ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses, including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for each accident or injury. • AGENCY will not be held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure. • It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated 16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas. • AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore, AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes. It is agreed that the ADVERTISER is responsible for any and all taxes that apply for their .state, • It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in Bentonville, Arkansas, and the final approval of SA.M'S CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible for DEALER'S1ADVFRTISER'S outside advertising expense, regardless of the date of cancellation. • Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receivinall above stated approvals- 0• All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount on future sales events should the aforementioned occur. • Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to printlTVlradioietc., advertiser must allow up to one week for the approval process. 1 BY: ---- — _ �L� BY: _-------------------- 61508 dv iset Si nature Date Agency Regional Manager Signature Date BY: BY, Adve rser #2 Signature (if applicable) Date Agency Divisional Manager Signature Date BY. st9rar� Advertiser #3 Signature (if applicable) Date Both Regional and Divisional Manager nrust sign for document to be valid. ADIATISING AGREEMAT ❑ Direct Mail 13016 N. Walton Blvd., Bentonville, Arkansas 72712 - PC. Box 1760, Bentonville, Arkansas 72712 � Lot Event Only Phone # 1-800-346-5964 • Fax # 479-464-3942 Check the box that applies Auto, Boat This agreement made on JUIy 12, 2008 , between Member Services, Inc., an Arkansas Corporation with its principle place of & RV Prograrn business at P.O. Box 1760, Bentonville, Arkansas 72712, hereinafter referred to as "Agency", and "Advertiser" doing business as: Dealership: Burlen Nissan Contact I: Randy Morrison Fax:206-241-7973 Phone: 206.349.3535 Entail: rmorrison(Dburiend Contact 2: Fax: Phone: Email: Physical Address: 16042 1 st Avenue South wcbsite Address: www.rainierautogroup.com City/statc/Zip: Seattle, Washington 98148 VeNclesAdveriscd: ❑Only New ❑Only Pre -owned ❑X I3otlt Nissan new and used ' WHEREAS, The AGENCY represents that it is in the business of matt eting and distributing advertising for invitational sales and promotions, and, `VI fERFAS, AD- VERTISER desires to obtain such advertising services from the AGENCY, and the AGENCY is willing to render such services on the terms hereinafter set forth, Package Type: package #1 Colors: Postage Option: 131st Class Mail (additional fees apply) $ 7199500 Quantity: Gift Certificates: $5.00 SAM'S CLUB Memberships: $40.00 Additional Fees: ell Ile, � c $ _ $ R C;,EIVFD_ x Qty 100 $ In I de x Qty 100 Total Deposit: A retainer in the suns of due upon consummation of this agreement (this retainer is non-refundable if cancelled by ADVERTISER) - Balance Due: 30 DAYS PRIOR TO EVENT (Date) 10/20/08 P91AM 1'1+0ti $ 7,995.00 $ C 799.50 $ 7,195.50 Contract i IN 1 v i r sQUI (advQrti3er lita nnuat add up tQ Qcn1%L_Tj2aI amount -All A v r i r's must sion contmM Advertiser # I $ Advertiser#I $ Advertiser #1 $ Event Dates & Hours 11/20/08 From 8:00AM to 8:30PM 11/22/08 11/21/08 from 8:OOAM to 8:30PM 11/23/08 Event Location (Please indicate what club if at dealership location) ZSAM'S CLUB# 4835 - Renton ❑Dealership Address: 901 South Grady Way Mailing List & Zipcodes City Renton from B:OOAM to 8:30PM from8:00AM to8:30PM State WA Zip: 98055 Center Zipcode Go Out Miles City/County Permits and General Liability Insurance The responsibility of securing obtaining and supplying AGENCY a copy of all permits and general liability insurance* applicable to this event is required by ADVERTISER before printing of invitation. Failure to obtain said documents requires ADVERTISER to sign a "Agency Release Form" supplied by AGENCY. ADVERTISER is still responsible for getting and sending in permits and general liability insurance to AGENCY before event can take place. *General Liability Insurance must hose t business at the event location named as the additional insured. Fax all documents to: 479-271-7371 ADVERTISials) Miscellaneous #Mirror Tags 150 #Reg. Forms 300 Ship materials to: city: Randy Morrison at Dealership State: Zip: Continued on hack ADVERASING AGREEMENPCONTINUED 13016 N. Waltun Blvd„ Bentonville, Arkansas 72712 • P.1 Box 1760, Bentonville, Arkansas 72712 • Phone # I-80C-346.5964 - Fax # 479-464-3942 Auto, Boat & RV Program • Contract is subject to cancellation by AGENCY if not completed within 6 months (with no refund of deposit). • Fee is subject to change due to increase in postage or printing should dates be extended, by written agreement, past 90 days from date of contract. • Substantial Performance: It is mutually agreed that, upon mailing of the invitations the AGENCY shall be considered to have substantially performed this agreement. • INDEPENDENT CONTRACTOR: AGENCY shall be independent contractor and not an employee of the ADVERTISER under this agreement. • ADVERTISER agrees to supply AGENCY with local dealership name to he used with any marketing and distributed advertising for invitational sales and promotions. • This agreement .supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding, The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by laws of the State of Arkansas. • ADVERTISER is responsible for all charges incurred by either party if ADVERTISER cancels the event. • ADVERTISER assumes sole responsibility for and agrees to hold harmless and indemnify AGENCY from any and all liability, costs, and expenses, including expenses of defense, against any claims for damage or injury to any person occurring as a result or the conduct of this sales event. In this regard, ADVERTISER represents that it carries general liability insurance with coverage limits of $50,000 per person and $1,000,000 aggregate for each accident or injury. • AGENCY will not he held responsible for early or late mail due to the U.S. Postal Service or due to a Force Majeure. • It is agreed that any dispute between the parties arising under this contract shall be resolved by arbitration as provided in Arkansas Code annotated 16-108-201 etseq with any such arbitration proceeding to occur in Bentonville, Arkansas. • AGENCY shall not be held liable for any sales tax that may apply to the sale or promotion in the advertisers state, county or city. Furthermore, AGENCY shall not be held liable for any use tax, miscellaneous tax or other applicable taxes, It is agreed that the ADVERTISER is responsible for any and all taxes that apply for their state. • It is acknowledged by ADVERTISER that this agreement shall become effective only when approved by AGENCY at AGENCY'S office in Bentonville, Arkansas, and the final approval of SAWS CLUB Store Manager and SAM'S CLUB Corporate Office. AGENCY is not responsible for DEALER'SJADVERTISER'S outside advertising expense, regardless of the date of cancellation. • Advertiser is solely reponsible for any and all other advertising related expense(s) incurred prior to receiving all above stated approvals. • All mail will be sent via Standard Class U.S. Postage unless otherwise noted and charged for on this agreement. AGENCY will not be held responsible for early or late Standard Class mail deliveries or lost Standard Class mail. ADVERTISER will not be entitled to a refund, make-up sale or discount on future sales events should the aforementioned occur. • Advertiser is solely responsible for submitting any and all outside advertising to Agency for approval. Before going to print/TV/radio/etc., advertiser must allow up to one week for approval process. f BY: -- ~— A iser nature---��-----Data BY. Advertiser#2Signature fifapplicrrble) Date By: Advertiser #3 Signature (if applicable) Date B Y: L_ !_46/510_8_ Agency Regional Manager Signature Date BY: Agency Divisional Manager Signature Date Both Regional and Divisional Manager roust sign for document to be valid. TEMPORARY USE PERMIT City of Renton File Number: LUA08-058, TP Project Name: Rainier Auto Sales Event Location: Sam's Club Parking Lot— 915 South Grady Way Property Owners: Wal-Mart Stores Inc. Applicant Name: Randy Morrison, Burien Nissan, 16402 16t Ave, Burien, WA 98148 Project description: TEMPORARY OUTDOOR SALES EVENT The applicant is requesting a temporary use permit to allow temporary outdoor auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100 new and used cars as well as a sales tent to house on -site phones. No other utilities, including electricity, will be needed. Rainier Auto Group will have 8-10 staff members and a manager on -site during operation hours. Hours of operation will be June 27th - 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June 25th. The site will be restored to its previous condition by Wednesday, July 2nd. Decision: The Rainier Auto Sales Event is approved. Date of Permit Issuance: June 25, 2008. Date of Expiration: July 2, 2008. R Approved by the City of Renton Date: July 3 , 2008 Development Services Division Director Appeals: Appeals of permit issuance must be filed in writing by July 3, 2008 together with the required $75.00 application fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 18th day of June, 2008, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Representing Randy Morrison, Burien Nissan Applicant/Contact Wal-Mart Realty Management c/o Roy Ty Owner Surrounding Property Owners - NOA only See Attached (Signature of Sende STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be histherltheir free and voluntary act for thk4 purposes mentioned in the instrument. Dated: U iSd�p Notary Public in and fo Notary (Print): VA My appointment expires: Z)_ `at— ! to Project Name' Rainier Auto Sales Event Temporary Use Permit ProrectR6M00.f, LUA08-058, TP a• � State of VITsRhgton - Y1�CL 's�'',,s� 4 1 172305913706 BAILEY BRIAN A 8201 S 121ST ST SEATTLE WA 98178 915460017006 CAR WASH ENTERPRISES INC 3977 LEARY WAY NE SEATTLE WA 98107 172305913607 CLARE DURWARD F+MARY LOUISE 1818 ]ONES AVE NE RENTON WA 98056 172305906908 GRASSI JOSEPHINE PO BOX 1188 RENTON WA 98057 192305900107 BOEING COMPANY THE PROPERTY TAX DEPT PO BOX 3707 M/C 2000 SEATTLE WA 98124 202305909006 CARPINITO BROTHERS INC 1148 CENTRAL AVE N KENT WA 98032 722140028100 DEPT OF NATURAL RESOURCES PRODUCT SALES & LEASING DIV PO BOX 47016 OLYMPIA WA 98504 172305902105 HARTJEN LORI 3912 113TH AVE NE BELLEVUE WA 98004 202305900807 192305902301 PUGET WESTERN INC RENTON PROPERTIES LLC 19515 NORTH CREEK PKWY #310 C/O JSH PROPERTIES BOTHELL WA 98011 555 S RENTON VILLAGE #100 RENTON WA 98055 915460001000 WALMART PROPERTY TAX DEPT PO BOX 8050 #MS 0555 BENTONVILLE AR 72712 192305907003 BP WEST COAST PRODUCTS LLC 6 CENTERPOINTE DR LA PALMA CA 90623 182305904605 CHAYA BOON+CHIEKO 4567 135TH PL SE BELLEVUE WA 98006 172305905405 ELSHARAWY GUIRGUIS K ELSHARAWY HAIDY S PO BOX 84325 SEATTLE WA 98124 192305909405 PUGET SOUND ENERGY/ELEC PROPERTY TAX DEPT PO BOX 90868 BELLEVUE WA 98009 202305908503 STATE OF WASHINGTON DOT REAL ESTATE SERVICES PO BOX 47338 OLYMPIA WA 98504 F NOTICE OF APPLICATION A Master ApPlicatlon has been tiled and accepted with the Department of Community & Economic Development (CEO) _ Planning Division of the oty of Renton. The following briefly describes the application and the necessary Public Approvals, PROJECT NAMEINUMEIER: Rainier Auto Sales Even; Tempera*, Use Permit f LVA0B-056, TP PROJECT DESCRIPTION: The appllcan: is requesting a temporary use ro,cnrl to Al., temporary outcoor auto ,alas -thin the sam's Club Pzrkin2 lot. located at got South Grady Way. The applicant proposes to have about 100 and used cars as well as a sales tent fit house un-site phonesl.'o other utilities, includ nq electricity, will be reeled Rainier Aulo Group will have d-14 sluff members and a manager on site during operation limns. kcurs of cpe-almn will be June 271h - 36th from 8.30am - t Jpm. Tent instalatior and car placement wJ' ,tan on Weduesday. June 2Sbr. The site will he reslo'ed to its p: evious cooltion by W edr.esday. July 211d. PROJECT LOCATION, 901 5 Grady Way PU9LIC APPROVAL,& Admmislrat- Temporary Use Penult APPLICANTIPROJECT CONTACT PERSON. Randy 1,1— co, fiurien Nissar•: Tat'. (206) 242 7r70 Gommarts on the above application must be submitted In writing to Rocale Timmons, Associate Planner, Oepartmenl of Community & Economic Oevelopment, 1655 South Grady Way, Renton, WA Ull by 5:00 PM on July 2, 2000. If you have questions about this proi,csal, u: wish to be made a party of record and receive adcilior.al nobhcaborl by mail, contact the Project Manager al (42s) 470-7219. Anyone wha suhmns writfan Couu—Is will automatically become a party of record and will be notified of any decis0i- on this prn,er.:. PLEASE INCLUDE THE PROJECT NUMRFR WHEN CALLING FOR PROPER FILE IDENTIFICATION ! DATE OF APPLICATION; June 9, 2008 NOTICE OF COMPLETE APPLICATION: June 18, 2008 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to. City of Renter. CEO, Planning Division, 1099 South Grady Way, Renton, WA 9e057, File Name' No : Rainier Auto Sales Even! Temporary Use Perrril I LUAU-CSe. TP NAME: _ MAILING ACOl TELEPHONE NO.: CERTIFICATION hereby certify that copies of the above were pl by me in conspicuous places or nearby the described prop DATE: 1s S ATTEST; Subscribed and sworn before me, a [Votary Public, in and for the F� on the � _ day of eLLL i ee Washington SIGN fiY A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAMEINUMBER: Rainier Auto Sales Event Temporary Use Permit I LUA08-058, TP PROJECT DESCRIPTION: The applicant is requesting a temporary use permit to allow temporary outdoor auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100 new and used cars as well as a sales tent to house on -site phones. No other utilities, including electricity, will be needed Rainier Auto Group will have 8-10 staff members and a manager on -site during operation hours. Hours of operation will be June 27th - 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June 25th. The site will be restored to its previous condition by Wednesday. July 2nd. PROJECT LOCATION: 901 S Grady Way PUBLIC APPROVALS: Administrative Temporary Use Permit APPLICANTIPROJECT CONTACT PERSON: Randy Morrison, Burien Nissan, Tel: (206) 242-7070 Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 2, 2008. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: June 9, 2008 NOTICE OF COMPLETE APPLICATION; June 18, 2008 DATE OF NOTICE OF APPLICATION: June 18, 2008 If you would like to be made a party of record to receive further information on this proposed project. complete this form and return to. City of Renton, Cl Planning Division, 1055 South Grady Way, Renton, WA 98057, File Name ? No.: Rainier Auto Sales Event Temporary Use Permit! LUA08-058, TP NAME: MAILING ADDRESS. TELEPHONE NO Y CITY JF RENTON ,7 ^ Denis Law, Mayor June 18, 2008 Randy Morrison Burien Nissan (Rainier Auto Sales Group) 16042 1" Avenue S Seattle, WA 98148 Department of Community and Economic Development Alex Pietsch, Administrator Subject: Rainier Auto Sales Event Temporary Use Permit LUA08-058, TP Dear Mr, Morrison: The Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue. processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, CA Roc e Timmons As ciate Planner cc: Wal-Mart Realty Management c/o Roy Ty / Owner(s) 1055 South Grady Way - Renton, Washington 98057 This paper ceritains50% recycled material,30% pastcrosumer RENTON AHEAD OF THE CURVE 'SY UA �•ll NOTICE OF APPLICATION A Master Application Ifas been filed and accepted wish the Dcpu ll!W nt GOMMIL mrr 8 Econamle Developirl ICEDI —Planning Division of the Chty of Reeton, The fnllmving h muy d—ribu the application end the necessary public Approvals. PROJECT NAMEAUMBER: Raniwr f uro Sales Ell lempol .l Pill r LUA08-I TP PROJECT DESCRIPTION: T!a= appi-1 is requesll a temporary sun pemig fa allow Temporary outdoor auto sales vnlhin the Sall,s Chib T°.i lot. located at 901 South Grady W:ly The alproposes to nave aooW 103 re w and used cats as well as a saes tent ro house on -site i)l iones. No other unlllle5, Inelil electricity, wlli hg nreeued. RaVVe[ Al Group will hove 8-10 staff memiiers and a manager on site during operation hours Hixes of operation antl he June 27th - 70th Irom $. 30am - tCpni Tom initialand car placement will start un WeoneSoay. JUpe 251h. The s.le will be restored to Its prevrous covdrt on by Wednesday, July 21 PROJECT LOCATION: ar11 S Grady Way PUBLIC APPROVALS: .Acministri 7anl ary Use permit APPLICANTlPROJECT CONTACT PERSON: Randy Mori 6unen N,San Tel 1206i 242.107CL Comments on the above application must be submilted in writ to Rol Timmons, Assoclam Plantil Department of Community 8 Economic Development, 1055 Si Grady Way, Renton, WA 98067. by 5 00 PM on July 2, 201 f y:.ru Nave queshors abeui ths p rnnnIa!, a —h 1. be made a pony of record and �« rn .a additional ,lnl'f'::.,r,nn by mall, C01=1 the Pli S:anage- aT 1424i 43D 72$9. Anyone who —hunts wrRtenr commenls vali wi il:anai. catty bli,cor'e a party pf re: and a,vt wilt be noteed of any declsi0'1 a this umiel:t PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION w � DATE OF APPLICATION: June 9, 2008 NOTICE OF COMPLETE APPLICATION: June 18, 2000 DATE OF it pad wouid I kc To be made a party of record to receive further information on this proposed project, complete This farm and return to City of Fnnlon, CEO, Planning Division, 1055 5aulh Grady Way, Rerlten, WA 98057 File Neme f Nn Rainier All Sales Even[ Txmprrary Use Permit! t.UAOIII 5i TP NAME MAILING ADDRESS TELEPHONE NO.. CERTIFICATION hereby certify that 4 copies of the above were poste by me in conspicuous places or nearby the described propert �9 LYNfY 441 DATE: SIGNED- i � P A ATTEST: Subscribed and sworn before me, a Notary Public, in and for the Ste e of Washington residing I.All f f on the day of f : l 1Al Wxytal NOTARY PLJ LIC NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAMEINUMBER: Rainier Auto Sales Event Temporary Use Permit i LUA08-058. TP PROJECT DESCRIPTION: The applicant is requesting a temporary use permit to a,low temporary outdoor auto sales within the Sam's Club Parking lot, located at 901 South Grady Way. The applicant proposes to have about 100 new and used cars as well as a sales tent to house on -site phones. No other utilities. including electricity, will be needed. Rainier Auto Group will have B-10 staff members and a manager on -site during operation hours. Hours of operation will be June 27th - 30th from 8:30am - 10pm. Tent installation and car placement will start on Wednesday, June 25th. The site will be restored to its previous condition by Wednesday, July 2nd. PROJECT LOCATION: 901 S Grady Way PUBLIC APPROVALS: Administrative Temporary Use Permit APPLICANTIPROJECT CONTACT PERSON Randy Morrison, Burien Nissan; Tel.- (206) 242-7070 Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 2, 2008. If you have questions about this proposal. or wish to be made a party of record and receive additional notification by mail. contact the Project Manager at (425) 430-7219. Anyone who submits written comments will automatically became a party of record and will be notified of any decision on this projec'. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: June 9. 2008 NOTICE OF COMPLETE APPLICATION: June 18, 2008 DATE OF NOTICE OF APPLICATION: June 18. 2008 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton. CED, Planning Division, 1055 South Grady Way, Renton. WA 98057_ File Name I No.: Rainier Auto Sales Event Temporary Use, Permit 1 LUA08-058, TP NAME: MAILING ADDRESS TELEPHONE NO.: CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 20, 2008 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Nicholson Light Trespass Appeal LUA (file) Number: LUA-08-059, AAD Cross -References: Code Enforcement File No. SR08-1079 AKA`s: Project Manager: Donna Locher Acceptance Date: Applicant: Brad Nicholson Owner: same as applicant Contact: same as applicant PID Number: 3345100003; 3345100011 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: June 9, 2008 By Whom: Brad Nicholson HEX Decision: No jurisdiction over Code Date: June 16, 2008 Enforcement Issues Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Appeal of Code Enforcement's failure to enforce RMC 4-4-075(D) of a light trespass from the neighbor's exterior light fixture located directly across from his property at 2811 Dayton Ave NE. Appellant requests that the Development Services Director require the perpetrators of the light trespass to comply with the code by shielding the direct and intense lights. Location: 2302 NE 28th Street & 2811 Dayton Avenue NE Comments: Hearing Examiner sent letter to appellant notifying him that the Hearing Examiner's office has no jurisdiction over Code Enforcement matters. Denis Law, Mayor June 16, 2008 Mr. Brad Nicholson 2302 NE 8`h Street Renton, WA 98056 Re: RMC 4-8-1 l0(A.)(2.) Appeal of Code Enforcement Officer's May 29, 2008 Administrative decision to ignore the code and give permit to trespass. Dear Mr. Nicholson: Hearing Examiner Fred J. Kaufman This office has reviewed your letter of June 8, 2008. This office has no jurisdiction in Code Enforcement matters. Those matters are handled by Code Enforcement officers working in concert with the Police Department. Any enforcement is then handled in Renton Municipal Court and not by this office. You might want to pursue private nuisance action if that is appropriate in this situation. If this office can be of any further assistance, please feel free to write. Sincerely, k r- Fred J. Kaufman Hearing Examiner City of Rcnton cc: Denis Law, Mayor Jay Covington, CAO Lawrence Warren, City Attorney Bonnie Walton, City Clerk Neil Watts, Director Development Services Jennifer Henning, Development Services 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 ® This ial. 3C"/; post rnrsumnr �J BRAD 1 Vi CHOLSON June 8, 2008 Mr. Fred Kaufman Hearing Examiner Renton City Hall — 7"' Floor 1055 South Grady Wayy Renton, Washington 98056 2302 NE, 29Street Renton, Washington 98056 brad827 a,hotmaff com (425)445-0658 .I RECEIVED CFY CI-ERK'S OFFICE RE: RMC 4-8-110(A.)(2.) Appeal of Code Enforcement Officer's May 29, 2008 Administrative decision to ignore he code and give permit to trespass. Mr. Hearing Examiner, This appeal is timely, has standin&, and is made upon the ground that the specific administrative decision under appeal is inconsistent with the code and constitutes error and abuse by the City Official responsible for the decision'. My wife, child, and I are very disturbed by a willful continuing trespass violation that is taking place on our property. The City Enforcement Officer is refusing to do her job based upon a misinterpretation of the code that is, in addition to ignoring plain and unambiguous requirements, repugnant to its purpose. The misinterpretation of code was evidently performed by Jennifer Henning, and the decision was made by Donna Locher. Who is responsible really doesn't matter to us the decision itself is what is at issue here. The code states at RMC 4-4-075 (D.): "The Development Services Division Director or designee shall enforce the provisions of this section". What we would appreciate is for the Director to simply require the perpetrators of a light trespass to comply by taking a few simple steps respecting the code by shielding the direct and intense lights. The decision that is at issue here, is the decision not to request or enforce the measure of shielding. Furthermore, all the above occurred without the City ever actually observing the unconscious behaviors that are, in addition to being plainly illegal, very disturbing behaviors we consider to be rude, inconsiderate, and disrespectful from one Ronald Bergman of 2811 Dayton Avenue in Renton . The way we see it, the decision is very egregious considering the plain language and simple and inexpensive steps available that would alleviate our concerns. It is clear the neighbor is quite capable to take those steps and is aware of the violations, but refuses to make any Efforts or action. This occurs while the Director Designee refuses to properly interpret the code . It is damaging to the appearance of the City, a phrase I know the Examiner has reviewed in the past. ' In the follow up conversation I had on June 5, 2008 @ 11:30 a.m. relating to my complaint of May 29, 2008@2:00 p.m. with Donna Locher she stated that the lights are permissible in the opinion of the City because they are residential type lights. She recommended getting some Arindow blinds and then closing them to block the offensive illumination that is disturbing my family. She stated that she and her co-workers made their decision based upon their own discretion because they have no other way to do it. She recommended that neighbors solve their problems on their own by talking it out, suggesting that I might convince the neighbors to tam the light off She indicated that nobody from the City has ever visited the site at night. The neighbors are aware of f requirements of 44-075 RMC, 2 1 have provided digital photography of the activity as evidence, and attest that they are true and correct depi of the illegal use. s During my discussion with Ms. Locher I identified the specific code provisions that require action by the • Page 2 June 8,2008 The codes that are violated by the decision are contained 1-2-1 RMC and 4-4-075 RMC. One part that we must use to reverse the decision not to act is contained in RMC 4-4-075 (Ia.) and states, "In any case, no use or activity shall cause light trespass beyond the boundaries of the property lines". State laws, cite, In re the disciplinary action against Arthur Blauvelt III, 115 wn. 2d 735 as well as 1-2-1 RMC require the decisionmaker to use the ordinary dictionary meaning of `words" of the code with their true meaning according to its lain language when there is no specific definition provided. At issue here are the words "an, "shall' and "case" and the term "in any case" and can shed some light on the errors that have been made. The word "shall" is already defined by the code and should need to entertain no construction so we may turn to the words "any" and "case". In numerous dictionaries I have here on my shelves, the meaning of the word "an' is very clear. "any" is defined in those dictionaries as follows, "one or some or every or a (,without specifications" and "one or some indiscriminately of whatever kind". Similarly, the word "case" is clearly defined as it is also in those same dictionary as follows, "a set of circumstances or conditions", and "the object of investigation or consideration" further, "a suit in law or equity". These definitions raise the issue that can resolve this case and it should be done in my favor - there is no need for any litigation at all. Various arguments that can possibly arise may be winners or losers, for example such as rebuttals asserting claims of collateral estoppel, laches, collateral attacks on statements made admissibility o f evidence or statements hearings on technicalities as to form or content but they are all irrelevant and unnecessary here because light trespass is not allowed in "any case" In other words, violations are allowed for no set of conditions or circumstances the sub'ect of consideration indiscriminate of whatever kind and without s ecification might be available, "in any case". I am also disturbed that the person or persons that made the decision did not attempt to observe the building lights or the disturbance that is taking place and instead determined that I should install and use some window blinds if I am disturbed. The interpretation could not be farther away from the code. The issue is the building light that is disturbing us. "Buildingg" is defined in the code as being a dwelling or "any part thereof', see ordinance 5221, 6-14-2006. Proving the decision is wrong is statement in RMC 4-4-075 (E.) 1. that "All building lights shall be directed onto the building itself or to the ground immediately abutting it °' It is my firm belief that it is not necessary to provide a dictionary definition for the word "all" contained in the code. It is because the building lights are glaring directly into my bedroom, bathroom, dining area, as well as the family room and not directed at the building or ground like is supposed to be enforced in "any case' . Even if the case is a loser of a case it is included in "any case" and therefore the lights need to be directed at the building and ground. I want to make clear I am not asking to abate or eliminate the rights of the neighbor or to tear down their lights or ability to enjoy security in their property as they please. I am merely asking that the substantial excess and unnceded envelope of intense projected Iight that disturbs our environment by illuminating those rooms and our privacy be elnxlinated by reasonable Director's / Designee enforcement of the code, as is required by the code . I am asking that the Director's interpretation and subsequent decision observe facts already found to be true by the City Council whereby trespass of this nature adversely affects the value, utility and habitability of my property and specifically is causing substantial damage to material elements of our environment and that habitability. We would like to enjoy the environment that is intended to be protected by the code. We are suffering injury in fact because of a bad decision. The decision must be reversed. Sincerely,, a . Brdd Nicholson a I have attached a sketch of the condition, Chapter 11 DEFINITIONS CHAPTER GUIDE: Definitions for terms used throughout this Title are primarily grouped in chapter 4-11 RMC. A few chapter -specific definitions can be found in individual chapters, but are cross-referenced here. This Chapter last amended by Ord. 5356, February 25, 2008. For the purpose of this Title, the following words, terms, phrases and their derivations shall have the meaning given herein, unless the context otherwise indicates. 4-11-010 DEFINITIONS A: LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting Regulations, RMC 4-4-075: A. Cutoff: The point at which all light rays emitted by a light source are completely eliminated (cut off) at a specific angle above the ground. B. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. C. Cutoff Type Luminaire: A unit of illumination with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cut off angle less than ninety degrees (900) D. Lighti?;Sps: The shining of light produced by a light source beyond the boundaries of the property on which it is located. E. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts. r II _1��A v 1 `err ts:f- - E- r �^ Note regarding CD, labeled Nicholson Evidence Exhibits June 8, submitted with the appeal: A list of the files contained on the CD is attached, which includes three photographs and a video. Black and white copies of the photographs are attached. iil� .r g� A �. IY q � � f4 s T F F c_ k:} �-<. •� _;�° .�_ �y Y SR08-1079 1 2811 Dayton Ave NE Inspector: Donna Locher Initial Investigation: 06/03/08 Determination: Landscape Requestor: Description: OVERGROWN VEGETATION Status: OPEN Violator: Ronald Bergman 2811 Dayton Avenue NE Renton WA 98056 Activity Summary 0610312008: Inspection / Diary log Item OVERGROWN GRASS & WEEDS. SEE PHOTOS. 06/0512008: Issued Order to Correct / Mail Ref. attached OTC Information 0610512008; Received by Inspector/ Email Received via Email 06105/2008: Contact With Requestor / Telephone SR Opened: 06/05/08 SR Closed: Owner: Ronald Bergman 2811 Dayton Ave NE Renton WA SAID I COULD NOT ADDRESS THE LIGHT. HE SAYS IT MAKES PATTERNS ON THIER BEDROOM CEILING. I ASKED IF THIS WAS WITH THE BLINDS OR CURTAINS CLOSED & HE SAID THERE WAS NO CODE THAT SAID HE NEEDED TO TAKE OF IT BY CLOSING BLINDS OR CURTAINS. HE MAY TAKE THE LIGHT ISSUE FURTHER & ASKED ME NOT TO BE MAD AT HIM IF HE DID. OTC ISSUED FOR OVERGROWN VEGETATION. HE INSTALLED THE LIGHT FIXTURE TWO YEARS AGO. 0610612008: Contact With Requestor/ Telephone AFTER DISCUSSING IN STAFF MEETING I CALLED & SAID WE COULD NOT ADDRESS LIGHT ISSUE. MR. NICHOLSON SAID HE INSTALLED THE LIGHT FIXTURE WHEN HE LIVED IN THIS HOUSE, BUT TURNED IT OFF AT NIGHT. HE CANNOT UNDERSTAND WHY THE NEIGHBORS DO NOT TURN OFF THE LIGHT FIXTURE AT NIGHT. I SUGGESTED 10:53 A.M.-THAT HE TALK WITH HIS NEIGHBORS ABOUT HIS CONCERNS. HE IS LOOKING AT THE HARDWARE STORES FOR SOME TYPE OF CAP TO FORCE THE LIGHT DOWNWARD. 061l 0/2008: Contact With Violator / Mail AN APPEAL HAS BEEN FILED, 06/1012008: Contact With Violator/ Mail SENT APOLOGY LETTER TO PROPERTY OWNER AT 2817 FOR SENDING HIM AN OTC THAT SHOULD HAVE BEEN SENT TO 2811. 0611012008: Inspection / Mail I SENT ORIGINAL OTC TO 2817 DAYTON & SHOULD HAVE SENT TO 2811. 1 WILL TAKE A LOOK TOMORROW & SEE IF VEGETATION VIOLATION REMAINS. 06112/2008: Inspection / Full Compliance LAWN IS IN COMPLIANCE. SEE PHOTO. Related OTC's: OTC# C08-0441 Status COMPLIED Investigated Jun-03-2008 Issued Jun-05-2008 Comply -by bate Jun-19-2008 Infraction Type Landscape Description OVERGROWN VEGETATION June 10, 2008 Adil A. Khan 2817 Dayton Avenue NE Renton, WA 98056 SUBJECT: Order to Correct Number: Service Request Number: Violation Address: Dear Property Owner: C08-0441 SR08-1079 2817 Dayton Avenue NE It has come to my attention that I issued the above notices to you in error. The correct address that should have been addressed for overgrown vegetation is 2811 Dayton Avenue NE. I apologize for any inconvenience it may have caused. Sincerely, Donna Locher Code Compliance Inspector Date: June 5, 2008 Location of Violation: Owner(tax-payer) Issued To: Address: ORDER TO CORRECT Service Request No. SR08-1079 Violation Index No. C08-0441 2817 DAYTON AVE NE KHAN ADIL A ADIL A KHAN 2817 DAYTON AVENUE NE RENTON WA 98056 An inspection of die above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 06/19/2008. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine_ CODE SECTION CITED DATE OF INVESTIGATION DESCRIPTION OF VIOLATION: Renton Municipal Code 1-3-4- A 11 c 7 06/03/2008 OVERGROWN VEGETATION CORRECTIVE ACTION: TTIF CITY OF RENTON HAS ADOPTED NEW REGULATIONS THAT GOVERN THE LENGTH OF VEGETATION ON DEVELOPED LOTS. THE CODE DEFINES VEGETATION AS "VEGETATION EXCEEDING TWELVE (t2) INCHES IN HEIGHT (EXCLUSIVE OF PLANTS AND FLOWERS WITHIN A FLOWER BED OR CONTAINER, SHRUBBERY OR TREES) LOCATED IN ANY FRONT, BACK OR SIDE YARD, ADJACENT TO PUBLIC RIGHT -OR -WAY OR PLANTING STRIP, OR ANY VACANT PROPERTY". IN THIS REGARD, CUT, REMOVE, PROPERLY DISPOSE OF, AND MAINTAIN THE GRASS AND WEEDS TO TWELVE (12) INCHES IN HEIGHT OR LESS. Issued By: Donna Locher Code Compliance Inspector Planning/Building/Public Works Department Development Services Division Phone No: 425-430-7438 Service Request: SR08-1079 Inspector: Donna Locher SR Opened: 06/05/2008 Next Contact With Requestor; Address I Location of Inquiry: 2811 DAYTON AVE NE REN Description: OVERGROWN VEGETATION Owner Information Violator Information Requestor Information Name: RONALD BERGMAN Name: RONALD BERGMAN Name: Compny: Address: 2811 DAYTON AVE NE Compny:2811 DAYTON AVENUE NE Address: Address: RENTON WA 98056 RENTON WA Phonel: Phonel; Phonel: Email: Email: Email: Donna Locher - Fwd: Code Compliance Investigation Request From: Renton Code Compliance To: Donna Lacher J" Date: 06/02/2008 9:31:25 AM Subject: Fwd: Code Compliance Investigation Request FYI. >>> <brad827(a)hotmail.com> 05/31/2008 8:53 PM >>> The following code compliance complaint was submitted by a citizen from the City of Renton Internet website: Data from form "Code Compliance Form" was received on 5/3112008 10:53:41 PM. Code Compliance Complaint Form FieldValue Name. -Brad Nicholson Address1:2302 NE 28 street Address2: City, State, Zip Code:Renton Phone:425 445 0658 Email-.brad827@hotmail.com Violation address:2811 Dayton and Kennydale park Description of violation:This is just a follow up after my discussion with Donna Locher regarding weeds and front lawn that are about 24" and lights that glare into our bedroom. Another thing is that I have some more things to report now. the playset down at Kennydale park has numerous structural bolts that are missing and numerous that are loose that will be a hazard soon. I would have thought to tighten them but it isnt something I am supposed to do and besides they have a hollow alien key wrench that is special. I counted six looks like 3/8 bolts including the stair rail and upper sidewalis that are gone and it need to be replaced about another six on the set that are loose. Maybe the park can do it they have maintenence. There were sharp and danger broken beer bottles all on the concrete in front of the drinking fountain by the baseball field. Email "Code Compliance Investigation Request" originally sent to codecompliance(l�ci.renton.wa.us from brad827(a)hotmail.com on 5/31/2008 10:53:41 PM. The following were also sent a copy: brad8270fttmail.com. Page 1 Donna Locher - Fwd; Code Compliance Investigation Request Page 1 From: Donna Locher To: Gloria Gamba Subject: Fwd: Code Compliance Investigation Request Good Morning Gloria, Could you all check out the park complaint. Thank you n �J I Project: SR08-1079 PHOTO #4 PHOTO TAKEN 06102/08 Printed: 06-10-2008 Donna Locher �oa Q E J (��- Si- y ti :'ti=`-�. • yam,. - ._ __.- -._ "i _ r ti �XvW 5 _ � y' _ 64-- LI97 V.OV- Proj(?cl.SR08-IC)79 PHOTO#7 PHOTO TAKEN 06112/08 Printed. 06-12-2008 Donna Lacher -F%m Adds so■ A-w MEN I a-