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AGENDA
Transportation Committee Regular Meeting
5:00 PM - Monday, May 6, 2019
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. RAAC Appointment - Gugulevska
a) AB - 2369 Mayor Law appoints Ms. Bojana Gugulevska to the Renton Airport Advisory
Committee, Renton Hill/Monterey Terrace Neighborhood alternate position, for an
unexpired term expiring on 5/7/2020.
2. PSE in 622 Hangar Building
Airport Lease Agreement
a) AB - 2367 Transportation Systems Division recommends approval of a five-year lease with
Puget Sound Energy, in the amount of $75,370.32 annually, for lease of the 622 Hangar
Building.
3. Northwest Seaplanes in 608 Hangar Building
Airport Lease Agreement
a) AB - 2364 Transportation Systems Division recommends approval of a five-year lease
agreement with Northwest Seaplanes, Inc., in the amount of $54,704.64 annually, for
lease of the 608 Hangar Building at the airport.
4. Sidewalks Discussion
a) Handouts
5. Emerging Issues in Transportation • Posting of Bridge Weight Limits
• Unleaded Fuels for Aviation Use
a) Bridge Weight Limits Memo
AB - 2369
City Council Regular Meeting - 22 Apr 2019
SUBJECT/TITLE: Appointment to Renton Airport Advisory Committee
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Executive Department
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Law appoints Ms. Bojana Gugulevska to the Renton Airport Advisory Committee, Renton Hill/Monterey
Terrace Neighborhood, alternate position, for an unexpired term expiring 5/7/20.
EXHIBITS:
A. Application
B. Recommendation Memo
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Ms. Bojana Gugulevska to the Renton Airport Advisory Committee.
AGENDA ITEM #1. a)
Hannah L Miller
From:April Alexander
Sent:Tuesday,November 20,2018 11:26 AM
To:Hannah L Miller
Subject:FW:Application for Boards/Commissions/Committees 2018-11-20 10:51 AM(PST)
Submission Notification
From:notification @civiclive.com [mailto:notification@civiclive.com]
Sent:Tuesday,November 20,2018 10:52 AM
To:April Alexander <analexander@Rentonwa.gov>
Subject:Application for Boards/Commissions/Committees 2018-11-20 10:51 AM(PST)Submission Notification
Application for Boards/Commissions/Committees 2018-11-20 10:51 AM(PST)was submitted by Guest on
11/20/2018 1:51:52 PM (GMT-08:00)Canada/Pacific
Name Value
Airport Advisory Committee*Airport Advisory Committee*
Civil Service Commission*
Community Plan Advisory Board -Benson Hill
Community Plan Advisory Board -City Center Community Plan Advisory Board -City Center
Historical/Museum Board*
Housing Authority*Housing Authority*
Human Services Advisory Committee*Human Services Advisory Committee*
Library Advisory Board*
Municipal Arts Commission*
Parks Commission*Parks Comrnission*
Planning Commission*Planning Commission*
Senior Citizens Advisory Committee*
Sister City Committee -Cuautla Sister City Committee -Cuautla
Sister City Committee -Nishiwaki Sister City Committee -Nishiwaki
Gender Ms.
Name Bojana Gugulevska
Address
I±ma1F --
Phone
AltPhone:
Resident Yes
ResidentSince since July 2017
formerresidence Kirkland
1
AGENDA ITEM #1. a)
University St.Cyril and Methodius,Skopje,Macedonia
EducationBackground B.Sc.Computer Engineering,Information Technology and
Automation
I currently work as Solution Architect,designing enterpriseOccupationalBackgroundifsolutionsformobileoperators(T-Mobile)
EmpIoyer:-
CommunityActivfties 260 characters
I moved to USA 4 years ago,and I own a home in Renton
Reasonforapplying Hill,so I would like to contribute to the community and
make Renton a better place for the generations to come.
Day Meetings
Night Meetings Night Meetings
To view this form submission online,please follow the link below:
https://rentonwa.gov/fornVone.aspx?objectld=14901 267&conEextld=92 1 2967&returnto=submissions
2
AGENDA ITEM #1. a)
APR 12 2019 PUBLIC WORKS DEPARTMENT
I CITY OF RENTON
MAYOR’SQFflCE_.
M EM OR A N D U M
DATE:April 11,2019
TO:Denis Law,Mayor
CC:Gregg Zimmermablic Works Administrator,ext.7311
FROM:Harry Barrett ir,Airport Manager,ext.7477
SUBJECT:Recommendation for Appointment to the Renton Airport
Advisory Committee
The Renton Airport Advisory Committee (RAAC)currently has an alternate vacancy in
the Renton Hill/Monterey Terrace neighborhood position.Following an application
process,including interviews by the Airport Manager and Committee Chair,I
recommend the following applicant be appointed to the RAAC based on specific criteria
the individual meets for the recommended position:
Bojana Gugulevska
Position Recommendation:Renton Hill/Monterey Terrace Neighborhood Alternate
Term Expiration Date:May 7,2021
The Renton Hill/Monterey Terrace position requires that it be held by a resident of the
Renton Hill/Monterey Terrace neighborhood and has shown an interest in serving on
the RAAC.Ms.Gugulevska is being recommended for this position based on the length
of her residence in the Renton community,her business background and interest in
aviation.We recommend that she be appointed to the Renton Hill/Monterey Terrace
neighborhood alternate position with a term expiring May 7,2021.
The Renton Airport continues to accept applications for the Renton Airport Advisory
Committee.
cc:Robert Harrison,Chief Administrative Officer
Jim Seitz,Transportation Systems Director
April Alexander,Executive Assistant
Susan Campbell-Hehr,Administrative Secretary
C1/cy
H:\File Sys\AIR -Airport,Transportation Services Division\O1 Administration\02 Committees\Airport Advisory\RAAC -
Membership\1 -Appointments\2019\RMC Appointment —Bojana Gugulevska.doc
AGENDA ITEM #1. a)
AB - 2367
City Council Regular Meeting - 22 Apr 2019
SUBJECT/TITLE: Airport Lease Agreement LAG 18-XX with Puget Sound Energy for the
622 Hangar Building
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Casey Boatman, Airport Business Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
Puget Sound Energy (tenant) shall pay the Airport a monthly rent of $6,280.86 per month, or $75,370.32
annually ($1,406.66 land component, plus a building component of $4,893.45, less a lease credit of $19.25 for
an Airport generator). Additionally the tenant agrees to pay the City for retroactive rent of $10,188.78.
SUMMARY OF ACTION:
The Airport and Puget Sound Energy (PSE) have reached an agreement regarding a 5-year term lease. PSE has
been occupying the 622 Hangar building month-to-month since September 21, 2003 at a monthly rate of
$2884.60. This 5-year lease takes the lease from a month-to-month agreement and increases the monthly
rent to be in line with Airport-wide rental fees. This also accounts for a negotiated one-time back payment of
rent resulting from a 2016 Airport-wide appraisal.
EXHIBITS:
A. Agreement
B. Lease Map and Legal Description
C. Aircraft Laws and Regulations
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute LAG 18-XX with Puget Sound Energy, to convert the month-to-
month lease agreement for the 622 Hangar building into a 5-year lease.
AGENDA ITEM #2. a)
LAG18-:
LEASEAGREEMENT
City of Renton to Puget Sound Energy
THIS BUILDINGANDGROUND LEASE(hereinafter "Lease")is made and entered into this
day of ,2019 by and between THECITYOF RENTON,a Washington municipalcorporation
(hereinafter "Landlord"),and PUGET SOUND ENERGY,a Washington corporation (hereinafter
"Tenant”).
In consideration of the covenants and agreements set forth in this Lease,Landlord and Tenant
agree as follows:
1.GRANTOF LEASE:
1.a.Documents of Lease:The following document constitutes this Lease together
with:
ExhibitA Lease Map and Legal Description
ExhibitB Aircraft Laws and Regulations,RCW 47.68.250;Public Highways
and Transportation
1.b.Legal Description and Reservation of Rightto Access Airport Generator:
1.b.(1).Landlord hereby leases to Tenant,and Tenant leases from Landlord for the term
described in Section 3 below,the land and building located at 622 West Perimeter Road as shown
on Exhibit"A”(lease map),which is attached hereto and incorporated herein by this reference,
(hereinafter,"Premises").
1.b.(2).Landlord reserves the right,easement and privilege to enter the Premises in order
to inspect,maintain,operate,repair,improve,or otherwise access Landlord's generator that is
situated within 300 square feet near the southwest corner of the Premises,at Landlord's own
cost and expense.Landlord's exercise of such right,easement and privilege shall not
unreasonably interfere with Tenant's rights under this Lease.
1.c.Common Areas:Tenant,and its authorized representatives,subtenants,
assignees,agents,invitees,and licensees,shall have the right to use,in common with others,on
a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they
may be amended from time to time),the public portion of the Renton Municipal Airport (aka
Clayton Scott Field,hereinafter referred to as ”Airport”),including the runway and other public
facilities provided thereon.
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City of Renton to PSE
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1.c.(1).Notwithstanding anything in this Lease to the contrary,Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant's business on the Premises and,except during construction activities occurring on the
taxiways,runway or weather related events,Landlord shall ensure that Tenant and its authorized
representatives,subtenants,assignees,agents,invitees,and licensees have direct access to the
taxiways and runway at all times during the Term.
1.d.Cancellation of Existing Leases:Tenant understands and agrees that as of the
effective date of this Lease,this Lease shall supersede all pre—existing leases the Tenant has with
the City for the Premises.Therefore,the existing lease the Tenant has with the City,LAG05-73
shall be terminated effective upon execution of this Lease.
2.CONDITIONS:
2.a.SpecificConditions:ThisLease,and Tenants’rights and permitted uses under this
Lease,are subject to the following:
2.a.(1).The Airport Regulations and Minimum Standards (as they may be amended from
time to time),including Landlord's standards concerning operation of public
aviation service activities from the Airport;and
2.a.(2).Allsuch non-discriminatory charges and fees for such use of the Airport
as may be established from time to time by Landlord.
2.b.No Conveyance of Airport:This Lease shall in no way be deemed to be a conveyance
of the Airport,and shall not be construed as providing any special privilege for any public portion
of the Airport except as described herein.The Landlord reserves the absolute right to lease or
permit the use of any portion of the Airport for any purpose deemed suitable for the Airport,
except that portion that is leased by Tenant hereunder.
2.c.Nature of Landlord's Interest:it is expressly understood and agreed that Landlord
holds and operates the Airport and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America,acting through its Reconstruction Finance
Corporation,and subject to all the reservations,restrictions,rights,conditions,and exceptions
of the United States therein and thereunder,which grant and conveyance has been filed for
record in the office of the Recorder of King County,Washington,and recorded in Volume 2668
of Deeds,Page 386;and further that Landlord holds and operates said Airport and Premises
under and subject to the State Aeronautics Acts of the State of Washington (chapter 165,laws of
1947),and any subsequent amendments thereof or subsequent legislation of said state and all
rules and regulations lawfully promulgated under any act or legislation adopted by the State of
Washington or by the United States or the Federal Aviation Administration.It is expressly agreed
that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto
and to all contingencies,risks,and eventualities of or arising out of the foregoing,and if this
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City of Renton to PSE
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Lease,its Term,or any conditions or provisions of this Lease are or become in conflict with or
impaired or defeated by any such legislation,rules,regulations,contingencies or risks,the latter
shall control and,if necessary,modify or supersede any provision of this Lease affected thereby,
all without any liability on the part of,or recourse against,Landlordin favor of Tenant,provided
that Landlord does not exceed its authority under the foregoing legislation,rules and regulations
and provided further that,in the event that this Lease is modified or superseded by such
legislation,rules,regulations,contingencies or risks,all compensation payable to the Landlord
for a third party's use of the improvements during the Term shall be paid to the Tenant,its
successors or its assigns.
2.d.Future Development[Funding:Nothing contained in this Lease shall operate or be
construed to prevent or hinder the future development,improvements,or operation of Airport
by Landlord,its agents,successors or assigns,or any department or agency of the State of
Washington or of the United States,or the consummation of any loan or grant of federal or state
funds in aid of the development,improvement,or operation of the Renton Airport,but
Landlord's exercise of such rights shall not unreasonably interfere with Tenant's rights under this
Lease.
3.TERM:
3.a.Term:The term of this Lease as to the entire Premises shall be for a five (5)year
period commencing on March 1,2017 (hereinafter ”Commencement Date"),and terminating at
11:59 p.m.pacific time on February 28,2022 (hereinafter "Expiration Date”).
4.RENT[FEES[CHARGES:
4.a.Minimum Monthly Rent:Tenant shall pay to Landlord a Minimum Monthly Rent
in the sum of Six Thousand Two Hundred Eighty and 86/100 Dollars ($6,280.86),without
deduction,offset,prior notice or demand,payable promptly in advance on the first day of each
and every month.All such payments shall be made to the City of Renton,Attention:Fiscal
Services Division,1055 South Grady Way,Renton,Washington 98057.The Minimum Monthly
Rent,beginning on the Commencement Date,is computed as follows:
Monthly Rental—LandComponent
(21,922 square feet)($0.77 per square foot per year)=$16,879.94/yr,($16,879.94/12 months =
$1,406.66 per month)
Monthly Credit Back—Airport Generator
(300 Square feet)($0.77 per square foot per year)=$231.00/yr,($231.00/12 months =$19.25
per month)
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
LAG13-_
Monthly Rental —Building Component
(5,757 square feet)($10.20 per square foot per year)=$58,721.40/yr,
($58,721.40/12 months =$4,893.45 per month)
Total
Monthly Rental —LandComponent $1,406.66
Credit —Airport Generator -$19.25
Monthl Rental—Buildin Com onent 4893.45
$6,280.86 per month
4.b.Periodic Rental Adjustment:The Monthly Rent shall be subject to automatic
adjustment on the third (3"‘)anniversary of the Commencement Date as follows:
As used in this Section 4.b,”lndex”means the Consumer Price Index for All Urban
Consumers for Seattle-Tacoma-Bremerton AllItems (1982-84=100)(CPI-U)published by
the United States Department of Labor,Bureau of Labor Statistics;”Beginning lndex”
means the Index which is published nearest,but preceding,the Commencement Date;
and ”Adjustment Index”means the Index which is published nearest,but preceding,each
Adjustment Date.
For the Periodic Rent Adjustment,if the Adjustment Index has increased over the
Beginning Index,the Monthly Rent payable for the following three (3)year period (until
the next Adjustment Date)shall be set by multiplying the Monthly Rent provided for in
Section 4.a of this Lease by a fraction,the numerator of which is the Adjustment Index
and the denominator of which is the Beginning Index.The product shall be the ”Adjusted
Monthly Rent.”In no event shall the Adjusted Monthly Rent determined pursuant to this
paragraph be less than the Monthly Rent set forth in Section 4.a of this Lease.
For any subsequent Periodic Rent Adjustment,ifthe Adjustment Index isgreater than the
Adjustment Index three years prior,then the Adjusted Monthly Rent payable for the
following three (3)year period (until the next Adjustment Date)shall be set by multiplying
the then current Adjusted Monthly Rent by a fraction,the numerator of which is the
Adjustment Index and the denominator of which isthe Adjustment Indexfrom three years
prior.The product shall be the "Adjusted Monthly Rent.”Notwithstanding the foregoing,
in no event shall the Adjusted Monthly Rent determined pursuant to this paragraph be
less than any prior Adjusted Monthly Rent.
4.c.Late Payment Charge:If any Rent is not received by Landlord from Tenant by the
tenth (10”‘)business day after such Rent is due,Tenant shall immediately pay to Landlord a late
charge equal to five percent (5%)of the amount of such Rent.Should Tenant pay said late charge
but fail to pay contemporaneously therewith all unpaid amounts of Rent,Landlord's acceptance
of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's
nonpayment nor prevent Landlord from exercising all other rights and remedies available to
4
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City of Renton to PSE
AGENDA ITEM #2. a)
LAG18-_
Landlord under this Lease or under law.If any check received by Landlord from Tenant is
returned unpaid for any reason,Landlordreserves the right to charge,and Tenant agrees to pay,
an additional charge up to the maximum amount allowed by law.Landlord's acceptance of this
additional charge shall not constitute a waiver of Tenant's default with respect to Tenant's
returned check nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.Unpaid amounts of rent,late charges,or additional
charges shall bear interest at the rate of twelve (12%)percent per annum until paid.
4.d.Other Fees and Charges:Tenant shall pay,in addition to the Minimum Monthly
Rent and other charges identified in this Lease,all non—discriminatory fees and charges now in
effect or hereafter levied or established by Landlord or charged against the Premises and against
other similarly situated Tenants at the Airport by Landlord,or levied or established by,or against
the Premises by any other governmental agency or authority,being or becoming levied or
charged against the Premises,structures,business operations,or activities conducted by or use
made by Tenant of,on,and from the Premises,including without limitation,Aircraft Rescue and
Fire Fighting or services rendered to the Tenant or the Premises.
4.e.After the Commencement Date and prior to the execution date of this Lease,
Tenant had been paying Two Thousand Eight Hundred Eighty-Four and 60/100 Dollars
($2,884.60)in monthly rent to Landlord for the Premises which isThree Thousand Three Hundred
Ninety-Six and 26/100Dollars ($3,396.26)less per month than the Minimum Monthly Rent
amount of $6,280.86 established in Section 4.a.Within thirty (30)days of the last date signed
below by the Parties,Tenant shall pay to Landlord a lump sum payment of Ten Thousand One
Hundred Eighty-Eight and 88/100Dollars ($10,188.78),PLUSLeasehold ExciseTax.
5.LEASEHOLDEXCISETAX:Tenant shall pay to Landlord the leasehold excise tax as
established by RCWChapter 82.29A,as amended,or any replacement thereof,which tax shall be
in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall
be paid at the same time the Minimum Monthly Rent is due.If the State of Washington or any
other governmental authority having jurisdiction thereover shall hereafter levy or impose any
similar tax or charge on this Lease or the leasehold estate described herein,then Tenant shall pay
such tax or charge when due.
6.PAYMENT OF UTILITIESAND RELATEDSERVICES.Tenant shall pay for all utilities
and services used in the Premises,including without limitation electricity,gas,water,sewer,
garbage removal,janitorial service,and any other utilities and services used in the Premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption,or failure of any utility services due to any cause whatsoever,except,and only to
the extent caused by,Landlord's negligence.Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs,alterations or
improvements,or due to accident,strike,act of God,or conditions or events not under Landlord's
control.Temporary interruption or failure of utility services,not exceeding seven (7)days,shall
5
LEASEAGREEMENT
Cityof Renton to PSE
AGENDA ITEM #2. a)
LAG18-_
not be deemed a breach of the Lease or as an eviction of Tenant,or relieve Tenant from any of
its obligations hereunder.
7.TENANT'SACCEPTANCEOF PREMISES:
7.a.Acceptance of Premises:By occupying the Premises,Tenant formally accepts the
Premises in ’’ASIS’’condition,and acknowledges that the Landlord has complied with all the
requirements imposed upon it under the terms of this Lease with respect to the condition of the
Premises at the Commencement Date.Tenant hereby accepts the Premises subject to all
applicable zoning,federal,state,county and municipal laws,ordinances and regulations
governing and regulating the use of the Premises,and accepts this Lease subject thereto and to
all matters disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that,
except as otherwise provided in this Lease,neither Landlord nor Landlord's agents have made
any representation or warranty as to the suitability of the Premises for the conduct of Tenant's
business or use.Except as otherwise provided herein,Landlord warrants Tenant's right to
peaceably and quietly enjoy the Premises without any disturbance from Landlord,or others
claiming by or through Landlord.
8.USEOF PREMISES:
8.a.Use of Premises:The Premises are leased to the Tenant for the following
described purposes and uses necessary to said purposes:
8.a.1.Aircraft maintenance and storage facility.
8.b.Continuous Use:Tenant covenants that the Premises shall be continuously used
for those purposes set forth above during the Term,shall not be allowed to stand vacant or idle,
subject to reasonable,temporary interruptions for maintenance,construction,or other
purposes,and shall not be used for any other purpose without Landlord's prior written consent.
Consent of Landlord to other types of aviation activities will not be unreasonably withheld.
8.c.Non-Aviation Uses Prohibited:Tenant agrees that the Premises may not be used
for uses or activities that are not related,directly or indirectly,to aviation.
8.d.Advertising:No advertising matter or signs shall be displayed on the Premises,at
any time,without the prior written approval of Landlord,which approval willnot be unreasonably
withheld.
8.e.Conformity with Laws,Rules and Regulations:Tenant shall comply with applicable
federal,state,county and municipal laws,ordinances and regulations concerning Tenant's use of
the Premises.Tenant shall keep and operate the Premises and all structures,improvements,and
activities in or about the Premises in conformity with the Airport Regulations and Minimum
Standards and other reasonable rules and regulations now or hereafter adopted by Landlord,
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AGENDA ITEM #2. a)
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provided that all such Airport Regulations and Minimum Standards and other rules adopted
hereafter are non-discriminatory,all at Tenant's cost and expense.
8.f.Waste;Nuisance;Illegal Activities:Tenant shall not permit any waste,damage,or
injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance
thereon,nor the use thereof for any illegal purposes or activities.
8.h.Hazardous Waste:
8.h.(1).Tenant's Representation and Warranty:Tenant shall not dispose of or otherwise
release any Hazardous Substances in,on or under the Premises,or the Property,or in any
improvements or alterations placed on the Premises byTenant.Tenant represents and warrants
to Landlord that Tenant's intended use of the Premises does not and will not involve the use,
production,disposal or bringing on to the Premises any hazardous substances,hazardous
material,waste,pollutant,or contaminant,as those terms are defined in any federal,state,
county,or city law or regulation (collectively,"Hazardous Substances”)other than fuels,
lubricants and other products which are related to Tenant's use of the Premises,provided that
such products are used,stored and disposed of in accordance with applicable laws and
manufacturer and supplier guidelines.Tenant shall promptly comply with all laws and with all
orders,decrees or judgments of governmental authorities or courts having jurisdiction,relating
to the use,collection,treatment,disposal,storage,control,removal or cleanup by Tenant of
Hazardous Substances,in,on or under the Premises,or incorporated in any improvements or
alterations made by Tenant to the Premises,at Tenant's sole cost and expense.
8.h.(2).Standard of Care:Tenant agrees to take reasonable steps to ensure that no
Hazardous Substances are improperly used,released or disposed in,on or under the Premises
during the Term by Tenant,or its authorized representatives or assigns,or are improperly used,
released or disposed on the Premises by the act of any third party.
8.h.(3).Compliance Notification:In the event of non-compliance by Tenant,after notice
to Tenant and a reasonable opportunity for Tenant to effect such compliance,Landlord may,but
is not obligated to,enter upon the Premises and take such actions and incur such costs and
expenses to effect such compliance with laws as it deems advisable to protect its interest in the
Premises,provided,however that Landlord shall not be obligated to give Tenant notice and an
opportunity to effect such compliance if (i)such delay might result in material adverse harm to
the Premises or the Airport,or (ii)an emergency exists.Tenant shall reimburse Landlordfor all
reasonable costs and expenses incurred by Landlord in connection with such compliance
activities and such obligation shall continue even after expiration or termination of the Term.
Tenant shall notify Landlord within twenty-four (24)hours of discovery of any release of any
Hazardous Substances in,on or under the Premises.
8.h.(4).Indemnity:
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8.h.(4)(a).Landlord shall have no responsibility to the Tenant,or any other third party,
for remedial action under R.C.W.Chapter 70.105D,or any other federal,state,county or
municipal laws,in the event of a release of or disposition of any Hazardous Substances in,on or
under the Premises during the Term that were caused by Tenant.Tenant shall defend,indemnify
and hold harmless Landlord,its officials,employees,agents and contractors (hereinafter ”City
lndemnitees")from any claims,obligation,or expense (including,without limitation,third party
claims for personal injury or real or personal property damage),actions,administrative
proceedings,judgments,penalties,fines,liability,loss,damage,obligation or expense,including,
but not limited to,fees incurred by the Landlordor City Indemnitees for attorneys,consultants,
engineers,damages,environmental resource damages,and remedial action under R.C.W.
Chapter 70.105D or other remediation,arising by reason of the release or disposition of any
Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant.
8.h.(4)(b).Tenant shall have no responsibility to the Landlord,or any other third party,
for remedial action under R.C.W.Chapter 70.105D,or other federal,state,county or municipal
laws,nor shall Tenant have any other liability or responsibility of any kind,in the event of the
presence,release,or disposition of any HazardousSubstance on,in,or under the Premises ifsuch
presence,release,or disposition of any Hazardous Substance was not caused by Tenant and/or
did not occur during the Term.Landlordshall defend,indemnify and hold harmless Tenant,and
their owners,directors,officers,agents,employees,and contractors (collectively,"lndemnitees")
from any claims (including without limitation third party claims for personal injury or real or
personal property damage),actions,administrative proceedings,judgments,penalties,fines,
liability,loss,damage,obligation or expense,including,but not limited to,fees incurred by
Tenant or any Indemnitee for attorneys,consultants,engineers,damages,environmental
resource damages,and remedial action under R.C.W.Chapter 70.105D or other remediation,
arising from or in connection with the presence,suspected presence,release or suspected
release of any Hazardous Substances in,on or under the Premises that is not caused,in whole or
in part,by Tenant or the Indemnitees and/orthat did not occur during the Term.
8.h.(4)(c).The provisions of this Subsection 8.h.(4)shall survive the expiration or sooner
termination of the Term.No subsequent modification or termination of this Lease by agreement
of the parties or otherwise shall be construed to waive or to modify any provisions of this Section
unless the termination or modification agreement or other document expressly so states in
writing.
8.h.(5).Dispute Resolution:Upon demand by either party,disputes concerning whether
Tenant caused any release of Hazardous Substances,or whether any release of or disposition of
any Hazardous Substances occurred during the Term,shall be determined by a qualified
arbitrator in accordance with the then prevailing rules of the American Arbitration Association
for the arbitration of commercial disputes.In the event that the parties are unable to agree on
the selection of a qualified arbitrator,then each party shall select an independent arbitrator,and
the arbitrators so selected shall then select and appoint a third independent and qualified
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arbitrator,which third arbitrator shall conduct the hearings and resolve the disputes claimed
hereunder.Landlord and Tenant agree that any decision made by the arbitrator shall be deemed
final and binding upon the parties.
8.i.Aircraft Registration Compliance:The Tenant is hereby notified of the Washington
State law concerning aircraft registration and the requirement that the Tenant comply therewith.
See Exhibit B ("Aircraft Laws and Regulations,RCW 47.68.250 Public Highways and
Transportation").
8.i.(1).Tenant shall annually,during the month of January,submit a report of aircraft
status to the Airport Manager.One copy of this report shall be used for each aircraft owned by
the Tenant,and sufficient forms will be submitted to identify all aircraft owned by the Tenant
and the current registration status of each aircraft.Ifan aircraft is unregistered,an unregistered
aircraft report shall also be completed and submitted to the Airport Manager.
8.i.(2).Tenant shall require from an aircraft owner proof of aircraft registration or proof
of intent to register an aircraft as a condition of sub-leasing tie-down or hangar space for an
aircraft.Tenant shall further require that annually,thereafter,each aircraft owner using the
Premises submit a report of aircraft status,or,if an aircraft is unregistered,an unregistered
aircraft report.Tenant shall annually,during the month of January,collect the aircraft owners’
reports and submit them to the Airport Manager.
9.MAINTENANCE:
9.a.Maintenance of Premises:The Premises and all of the improvements or structures
thereon and authorized by the Landlord for use by the Tenant,shall be used and maintained by
Tenant in an operable,neat,orderly,and sanitary manner.Tenant is responsible for the clean-
up and proper disposal at reasonable and regular intervals of rubbish,trash,waste and leaves
upon the Premises,including that blown against fences bordering the Premises,whether as a
result of the Tenant's activities or having been deposited upon the Premises from other areas.
Tenant shall maintain in good condition and repair the Premises,subject to ordinary wear and
tear,including the interior and walls,floors,and interior portions ofall doors,windows,and glass,
parking areas,landscaping,fixtures,hangar and office heating equipment,ventilating and air
conditioning,including all exterior mechanical equipment.Tenant shall make all repairs,
replacements and renewals,whether ordinary or extraordinary,anticipated or unforeseen,that
are necessary to maintain the Premises in the condition required by this Section.Landlord will
be responsible for the exterior of the building,including the roof,plumbing and sewage facilities
within the building or under the floor slab,including free flow up to the main sewer line,utility
facilities,exterior utility facilities,and exterior electrical equipment serving the Premises.
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9.b.Removal of Snow[F|oodwater[Mud:Landlord shall be responsible for removal from
the Premises,all snow and/orfloodwaters or mud deposited,with the disposition thereof to be
accomplished in such a manner so as to not interfere with the activities of Tenant.
9.c.Maintenance,Repair and Marking of Pavement:Landlord shall be responsible for,
and shall perform,the maintenance,repair and marking (painting)of pavement surrounding the
buildings within and on the Premises.Such maintenance and repair shall include,as a minimum,
crack filling,weed control,slurry seal and the replacement of unserviceable concrete or asphalt
pavements,as necessary.
9.d.Right of lnsgection:Tenant will allow Landlord or Landlord's agent,free access at all
reasonable times to the Premises for the purpose of inspection,or for making repairs,additions
or alterations to the Premises,or any property owned by or under the control of Landlord.
Landlord shall provide ten (10)days’advance notice of any such inspection and use reasonable
efforts not to interfere with Tenant's use of the Premises during any such inspection.
9.e.Landlord May Perform Maintenance:IfTenant fails to perform Tenant's obligations
under this Section,Landlord may at its option (but shall not be required to)enter the Premises,
after thirty (30)days‘prior written notice to Tenant,except in the event of an emergency when
no notice shall be required,and put the same in good order,condition and repair,and the
reasonable cost thereof together with interest thereon at the rate of twelve (12%)percent per
annum shall become due and payable as additional rental to Landlord together with Tenant's
next installment of Rent.
10.ALTERATIONS:
10.a.Protection from Liens:Before commencing any work relating to alterations,
additions and improvements affecting the Premises (”Work”),Tenant shall notify Landlord in
writing of the expected date of commencement of the Work.Tenant shall pay,or cause to be
paid,all costs of labor,services and/ormaterials supplied in connection with any Work.Tenant
shall keep the Premises free and clear of all mechanic's and/ormateria|men‘s liens or any other
liens resulting from any Work.Tenant shall have the right to contest the correctness or validity
of any such lien if,immediately on demand by Landlord,it procures and records a lien release
bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory
requirements therefor in the State of Washington.Tenant shall promptly pay or cause to be paid
all sums awarded to the claimant on its suit,and,in any event,before any execution is issued
with respect to any judgment obtained by the claimant or before such judgment becomes a lien
on the Premises,whichever is earlier.IfTenant shall be in default under this Section,by failing to
provide security for or satisfaction of any mechanic's or other liens,then Landlord may,at its
option,in addition to any other rights or remedies it may have,discharge said lien by (i)paying
the claimant an amount sufficient to settle and discharge the claim,(ii)procuring and recording
a lien release bond,or (iii)taking such other action as Landlord shall deem necessary or advisable,
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and,in any such event,Tenant shall pay as Additional Rent,on Landlord's demand,all reasonable
costs (including reasonable attorneys’fees)incurred by Landlord in settling and discharging such
lien together with interest thereon at the rate of twelve (12%)percent per year from the date of
Landlord's payment of said costs.Landlord's payment of such costs shall not waive any default
of Tenant under this Section.
10.b.Bond:At any time Tenant either desires to or is required to make any repairs,
alterations,additions,improvements or utility installation on the Premises,Landlord may at its
sole option require Tenant,at Tenant's sole cost and expense,to obtain and provide to Landlord
a lien and completion bond in an amount equal to one and one-half (1-1/2)times the estimated
cost of such improvements,to insure Landlord against liabilityfor mechanic's and materialmen's
liens and to ensure completion of the work.
10.c.Landlord May Make Improvements:Tenant agrees that Landlord may,at its option
and at its sole cost and expense,make repairs,alterations or improvements which Landlord may
deem necessary or advisable for the preservation,safety or improvement of utilities or Airport
infrastructure on the Premises,if any.Landlord shall provide ten (10)days’advance notice of
any such work and use reasonable efforts to not interfere with Tenant's use of the Premises
during any such work.
11.IMPROVEMENTS:As further consideration for this Lease,it is agreed that upon the
expiration or sooner termination of the Term,all structures and any and all improvements of any
character whatsoever installed on the Premises (except for any fuel tanks and related structures
owned by Tenant)shall be and become the property of the Landlord,and title thereto shall
automatically pass to Landlord at such time,and none of such improvements now or hereafter
placed on the Premises shall be removed therefrom at any time without Landlord's prior written
consent.During the Term,Tenant shall hold title to all improvements placed by Tenant on the
Premises.Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding
liens,or other debts,affecting or encumbering such improvements before transfer of ownership
of such improvements to Landlord upon the expiration or sooner termination of the Term.
Alternatively,Landlord may,at its option,require Tenant,upon the expiration or sooner
termination of the Term,if any,to remove any and all improvements and structures installed by
Tenant from the Premises and repair any damage caused thereby,at Tenant's expense.
12.EXEMPTIONOF LANDLORDFROM LIABILITY.Landlord or Landlord's agents shall not
be liable for injury to persons or to Tenant's business or loss of income therefrom or for damage
which may be sustained by the person,goods,wares,merchandise or property of Tenant,its
authorized representatives,or any other person in or about the Premises,caused by or resulting
from (a)fire,electricity,gas,water or rain which may leak or flow from or into any part of the
Premises,(b)any defect in or the maintenance or use of the Premises,or any improvements,
fixtures and appurtenances thereon,(c)the Premises or any improvements,fixtures and
appurtenances thereon becoming out of repair,(d)the breakage,leakage,obstruction or other
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defects of the pipes,sprinklers,wires,appliances,plumbing,heating,ventilating or air
conditioning or lightingfixtures of the Premises,(e)flooding of the Cedar River or other body of
water,or from any other source whatsoever,whether within or without the Premises;or (f)any
act or omission of any other tenant or occupant of the building in which the Premises are located,
or their agents,servants,employees,or invitees,provided,that the foregoing exemption shall
not apply to losses to the extent caused by Landlord's or its agents’,contractors’,or employees’
negligence,willful misconduct,and/orbreach of the Lease.
13.INDEMNITYANDHOLDHARMLESS:Tenant shall defend,indemnify and hold harmless
Landlord against any and all claims arising from (a)the conduct and management of or from any
work or thing whatsoever done in or about the Premises or the improvements or equipment
thereon during the Term,or (b)arising from any act or negligence or willful misconduct of the
Tenant or any of its agents,contractors,patrons,customers,employees,or invitees,or (c)arising
from any accident,injury,or damage whatsoever,however caused,to any person or persons,or
to the property of any person,persons,corporation or other entity occurring during the Term in,
on,or about the Premises,and from and against allcosts,attorney's fees,expenses,and liabilities
incurred in or from any such claims or any action or proceeding brought against the Landlord by
reason of any such claim,except to the extent caused by the sole negligence of Landlord,its
agents,contractors,employees,or its authorized representatives.Notwithstanding the
foregoing,Tenant's indemnity shall not apply to claims arising from aviation activities of its
patrons,customers,subtenants,or invitees.Tenant,on notice from Landlord,shall resist or
defend such action or proceeding with counsel reasonably satisfactory to,and approved by,
Landlord.Landlord shall indemnify,defend,and hold Tenant harmless from and against any and
all claims,losses,damages,costs,attorney's fees,expenses,and liabilities arising from the
negligence or willful misconduct of Landlord or any of its agents,contractors,employees,or
authorized representatives.On notice from Tenant,Landlord,at Landlord's expense,shall
defend any such action or proceeding forthwith.The indemnity obligations set forth in this
Section shall not apply to Hazardous Substances,which is addressed elsewhere in this Lease.
14.ASSIGNMENT&SUBLETTING:
14.a.Assignment[Subletting:Tenant shall not voluntarily assign or encumber its interest
in this Lease or in the Premises,or sublease any part or all of the Premises,without Landlord's
prior written consent,which consent shall not be unreasonably withheld,conditioned,or
delayed.Any assignment,encumbrance or sublease,whether by operation of law or otherwise,
without Landlord's consent shall be void and shall constitute a default byTenant under this Lease.
No consent to any assignment or sublease shall constitute a waiver of the provisions of this
Section and no other or subsequent assignment or sublease shall be made without Landlord's
prior written consent.Before an assignment or sub-lease will be approved,the proposed
assignee or sub-tenant must comply with provisions of the then current Airport Leasing Policies,
including,but not limited to the ”Analysis of Tenant's Financial Capacity,”independent of
Tenant's compliance or Financial Capacity.
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In the case of an assignment of the full leasehold interest and/orcomplete sale of the stock or
other interests in the entity constituting Tenant and concomitant transfer of ownership of said
entity,(a)in the case of an assignment,the proposed assignee shall deliver to Landlorda written
instrument duly executed by the proposed assignee stating that it has examined this Lease and
agrees to assume,be bound by and perform all of Tenant's obligations under this Lease accruing
after the date of such assignment,to the same extent as if it were the original Tenant,and (b)in
the case of a stock transfer,Transferee shall deliver a written acknowledgment that it shall
continue to be bound by all the provisions of this Lease after the transfer.Except in the case of
an assignment of the full leasehold interest,any assignment permitted herein will not relieve
Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto.In no
event willthe assignment of the full leasehold interest or the complete sale of the stock or other
interests in the entity constituting Tenant and concomitant transfer of ownership of said entity
cause an extension of the Term of this Lease.
14.b.Conditions to Assignment or Sublease:Tenant agrees that any instrument by which
Tenant assigns or sublets all or any portion of the Premises shall (i)incorporate this Lease by
reference,(ii)expressly provide that the assignee or subtenant may not further assign or sublet
the assigned or sublet space without Landlord's prior written consent (which consent shall not,
subject to Landlord's rights under this Section,be unreasonably withheld,conditioned,or
delayed),(iii)acknowledge that the assignee or subtenant will not violate the provisions of this
Lease,and (iv)in the case of any assignment,acknowledge that Landlord may enforce the
provisions of this Lease directly against such assignee.Ifthis Lease is assigned,whether or not in
violation of the terms and provisions of this Lease,Landlord may collect Rent from the assignee.
Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord's remedies against
Tenant for violation of provisions of this Lease.Asubtenant may cure Tenant's default.In either
event,Landlord shall apply the amount collected from the assignee or subtenant to Tenant's
obligation to pay Rent under this Lease.
14.c.No Release of Tenant's Liability:Neither an assignment or subletting nor the
collection of Rent by Landlord from any person other than Tenant,nor the application of any
such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this
Section or release Tenant from its obligation to comply with the terms and provisions of this
Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this
Lease,including the obligation to pay Rent under this Lease,unless Landlord otherwise agrees in
writing.Notwithstanding the foregoing,in the event that Landlord's consent to assignment is
obtained for a complete assignment and Assignee agrees in writing to assume all of the
obligations and liabilities of this Lease accruing after such assignment,Tenant shall be relieved of
all liability arising from this Lease and arising out of any act,occurrence or omission occurring
after Landlord's consent is obtained.To the extent that any claim for which indemnification of
the Landlord (including with respect to Hazardous Substances)arises after Tenant's complete
assignment for conduct predating said assignment,the Tenant shall not be relieved of obligations
or liability arising from this Lease.
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14.d.:No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the terms
and provisions of this Lease;provided that no Operating Permit shall be required for the
subletting of hangar or tie—downspace for aircraft storage purposes.No permitted assignment
shall be effective unless and until there has been delivered to Landlord a counterpart of the
assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on
or after the date of the assignment.
14.e.No Merger:Without limiting any of the provisions of this Section,if Tenant has
entered into any subleases of any portion of the Premises,the voluntary or other surrender of
this Lease by Tenant,or a mutual cancellation by Landlord and Tenant,shall not work a merger
and shall terminate all or any existing subleases or subtenancies.
15.DEFAULTAND REMEDIES:
15.a.Default:The occurrence of any of the following shall constitute a default by Tenant
under this Lease:
15.a.(1).Failure to Pay Rent:Failure to pay Rent when due,if the failure continues for a
period of three (3)business days after notice of such default has been given by Landlord to
Tenant
15.a.(2).Failure to Comply with Laws:Failure to comply with any of the statutes,
ordinances,rules,orders,regulations,and requirements of the federal,state,and/or city
governments applicable to the Premises,including the Airport Regulations and Minimum
Standards,if the failure continues for a period of twenty-four (24)hours after notice of such
default is given by Landlord to Tenant.Ifthe failure to comply cannot reasonably be cured within
twenty-four (24)hours,then Tenant shall not be in default under this Lease ifTenant commences
to cure the failure to comply within twenty-four (24)hours and diligently and in good faith
continues to cure the failure to comply.However,said inability to cure within twenty-four (24)
hours,diligence and good faith notwithstanding,cannot be based on financial incapacity.
15.a.(3).Failureto Perform or Cure:Failureto perform any other provision of this Lease,
ifthe failure to perform is not cured within thirty (30)days after notice of such default has been
given by Landlord to Tenant.Ifthe default cannot reasonably be cured within thirty (30)days,
then Tenant shall not be in default under this Lease if Tenant commences to cure the default
within thirty (30)days of the Landlord's notice and diligently and in good faith continues to cure
the default.
1S.a.(4).Appointment of Trustee or Receiver:The appointment of a trustee or receiver
to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's
interest in this Lease,where possession is not restored to Tenant within sixty (60)days;or the
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attachment,execution or other judicial seizure of substantially all of Tenant's assets located at
the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within
sixty (60)days.
15.b.Additional Security:If Tenant is in default under this Lease,and such default
remains uncured for more than three (3)business days after Landlord gives Tenant notice of such
default,then Landlord,at Landlord's option,may in addition to other remedies,require Tenant
to provide adequate assurance of future performance of all of Tenant's obligations under this
Lease in the form of a deposit in escrow,a guarantee by a third party acceptable to Landlord,a
surety bond,a letter of credit or other security acceptable to,and approved by,Landlord.If
Tenant fails to provide such adequate assurance within twenty (20)days of receipt of a request
by Landlord for such adequate assurance,such failure shall constitute a material breach of this
Lease and Landlord may,at its option,terminate this Lease.
15.c.Remedies:IfTenant commits a default,then following the expiration of the notice
and cure periods set forth in Section 15.a.above,Landlordshall have the following alternative
remedies,which are in addition to any remedies now or later allowed by law,and Landlordshall
use reasonable efforts to mitigate its damages:
15.c.(1).Maintain Lease in Force:To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due,without terminating Tenant's
right to possession,irrespective of whether Tenant shall have abandoned the Premises.If
Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the
Premises at such rent and upon such conditions and for such a term,and to perform all acts
necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary,
without being deemed to have elected to terminate the Lease,including removal of all persons
and property from the Premises;such property may be removed and stored in a public
warehouse or elsewhere at the cost of and on the account of Tenant.In the event any such
re—lettingoccurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises.Notwithstanding that Landlord fails to elect to terminate the Lease initially,
Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous
default of Tenant so long as Tenant remains in default under this Lease.
15.c.(2).Terminate Lease:To terminate Tenant's right to possession by any lawful
means,in which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord.In such event Landlordshall be entitled to recover from
Tenant all damages incurred by Landlord by reason of Tenant's default including without
limitation thereto,the following:(i)any and all unpaid Rent which had been earned at the time
of such termination,plus (ii)any and all Rent which would have been earned after termination
until the time of occupancy of the Premises by a new tenant following the re-letting of the
Premises,plus (iii)other reasonable amounts necessary to compensate Landlord for all the
detriment proximately caused by Tenant's failure to perform its obligations under this Lease or
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which in the ordinary course of business would be likely to result therefrom,including without
limitation,in (A)retaking possession of the Premises,including reasonable attorneys’fees
therefor,(B)maintaining or preserving the Premises after such default,(C)preparing the
Premises for re-letting to a new tenant,including repairs or necessary alterations to the Premises
for such re—letting,(D)leasing commissions incident to re-letting to a new tenant,and (E)any
other costs necessary or appropriate to re-let the Premises;plus (iv)at Landlord'selection,such
other amounts in addition to or in lieu of the foregoing as may be permitted from time to time
by applicable state law.The amounts referenced in this Section include interest at 12%per
annum.
16.BINDINGAGREEMENT:Subject to the restriction upon assignment or subletting as
set forth herein,all of the terms,conditions,and provisions of this Lease shall be binding upon
the parties,their successors and assigns,and in the case of a Tenant who is a natural person,his
or her personal representative and heirs.
17.CONDEMNATION:If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county,state,or federal authority for any purpose,then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose,and the Rent shall be paid up to that date.From that day the Tenant
shall have the right to either terminate this Lease,or to continue in the possession of the
remainder of the same under the terms herein provided,except that the Rent shallbe reduced
in proportion to the amount of the Premises taken for such public purposes.All damages
awarded for such taking for any public purpose shall belong to and be the property of the
Landlord,whether such damage shall be awarded as compensation for the diminution in value
to the leasehold,or to the fee of the Premises herein leased.Damages awarded for the taking of
Tenant's improvements located on the Premises shall belong to and be awarded to Tenant.
18.SURRENDEROF PREMISES:Tenant shall quit and surrender thePremises at the end
of the Term in a condition as good as the reasonable use thereof would permit,normal wear and
tear excepted.Alterations,additions or improvements which may be made by either of the
parties hereto on the Premises,except movable office furniture or trade fixtures put in at the
expense of Tenant,shall be and remain the property of the Landlord and shall remain on and be
surrendered with the Premises as a part thereof at the termination of this Lease without
hindrance,molestation,or injury.Tenant may remove from the Premises movable office
furniture or trade fixtures put in at the expense of Tenant.Tenant shall,at its sole expense,
properly and promptly repair to Landlord's reasonable satisfaction any damage to the Premises
occasioned by Tenant's use thereof,or by the removal of Tenant's movable office furniture or
trade fixtures and equipment,which repair shall include the patching and filling of holes and
repair of structural damage.
19.INSURANCE:
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19.a.Personal Property:Tenant,at its expense,shall maintain in force during the Term
a policy of special form —causes of loss or all risk property insurance on all of Tenant's alterations,
improvements,trade fixtures,furniture and other personal property in,on or about the Premises,
in an amount equal to at least their full replacement cost.Any proceeds of any such policy
available to Tenant shall be used by Tenant for the restoration of Tenant's alterations,
improvements and trade fixtures and the replacement of Tenant's furniture and other personal
property.Any portion of such proceeds not used for such restoration shall belong to Tenant.
19.b.LiabilityInsurance.Tenant,at its expense,shall maintain in force during the Term
the following types of insurance (or equivalents):a policy of commercial general liability
insurance (including premises liability),with the following limits:$1,000,000 per occurrence,
$2,000,000 annual aggregate.Landlord shall be named as an additional insured on Tenant's
liability insurance solely with respect to the operations of the named insured (i.e.,Tenant)and
that coverage being primary and non-contributory with any other po|icy(ies)carried by,or
available to,the Landlord.The Tenant shall provide the Landlord with written notice of any policy
cancellation,within two business days of their receipt of such notice.
19.c.Insurance Policies:Insurance required hereunder shall be written by a company or
companies acceptable to Landlord.Landlord reserves the right to establish and,from time-to-
time,to increase minimum insurance coverage amounts.Insurance required herein shall provide
coverage on an occurrence basis,not a claims-made basis.Notice of increased minimum
insurance coverage amounts shall be sent to the Tenant at least ninety (90)days prior to the
annual renewal date of the Tenant's insurance.Prior to possession the Tenant shall deliver to
Landlord documents,in a form acceptable to Landlord,evidencing the existence and amounts of
such insurance.Tenant shall,prior to the expiration of such policies,furnish Landlord with
evidence of renewal of such insurance,in a form acceptable to Landlord.Tenant shall not do or
permit to be done anything which shall invalidate the insurance policies referred to above.
Tenant shall forthwith,upon Landlord's demand,reimburse Landlord for any additional
premiums for insurance carried by Landlord attributable to any act or omission or operation of
Tenant causing such increase in the cost of insurance.|fTenant shall fall to procure and maintain
such insurance,then Landlord may,but shall not be required to,procure and maintain the same,
and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred
by Landlord to procure and maintain such insurance.Failure on the part of the Tenant to
maintain the insurance as required shall constitute a material breach of the lease,upon which
the Landlord may,after giving five business days notice to the Tenant to correct the breach,
terminate the Lease or,at its discretion,procure or renew such insurance and pay any and all
premiums in connection therewith,with any sums so expended to be repaid to the Landlord on
demand.
19.d.Waiver of Subrogation:Tenant and Landlord each waives any and all rights of
recovery against the other,or against the officers,employees,agents and representatives of the
other,for loss of or damage to such waiving party or its property or the property of others under
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its control,where such loss or damage is insured against under any insurance policy in force at
the time of such loss or damage.Tenant shall,upon obtaining the policies of insurance required
hereunder,give notice to the insurance carriers that the foregoing mutual waiver of subrogation
is contained in this Lease.
20.TAXES:Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21.NO WAIVER:It is further covenanted and agreed between the parties hereto that
no waiver by Landlord of a breach by Tenant of any covenant,agreement,stipulation,or
condition of this Lease shall be construed to be a waiver of any succeeding breach of the same
covenant,agreement,stipulation,or condition,or a breach of any other covenant,agreement,
stipulation,or condition.The acceptance by the Landlord of Rent after any breach by the Tenant
of any covenant or condition by Tenant to be performed or observed shall be construed to be
payment for the use and occupation of the Premises and shall not waive any such breach or any
right of forfeiture arising therefrom.
22.NOTICES:All notices or requests required or permitted under this Lease shall be
in writing;shall be personally delivered,delivered by a reputable express delivery service such as
Federal Express or DHL,or sent by certified mail,return receipt requested,postage prepaid,and
shall be deemed delivered on receipt or refusal.Allnotices or requests to Landlord shall be sent
to Landlord at Landlord's address set forth below and all notices or requests to Tenant shall be
sent to Tenant at Tenant's address set forth below:
Landlord's Address:Airport Administration Office
Attention:Airport Manager
616 West Perimeter Road,Unit A
Renton,Washington 98057
Tenant's Address:Puget Sound Energy
Attn:
Mailing Address:P.O.Box 97034
Bellevue,WA 98009-9734
Physical Address:10885 NE4"‘Street
Bellevue,Washington 98004
Either party may change the address to which notices shall be sent by written notice to the other
party.
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23.DISCRIMINATIONPROHIBITED:
23.a.Discrimination Prohibited:Tenant covenants and agrees not to discriminate
against any person or class of persons by reason of race,color,creed,sex or national origin,or
any other class of person protected by federal or state law or the Renton City Code,in the use of
any of its facilities provided for the public in the Airport.Tenant further agrees to furnish services
on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge on a fair,
reasonable and not unjustly discriminatory basis for each unit of service;provided that Tenant
may make reasonable and non-discriminatory discounts,rebates,or other similar types of price
reductions to volume purchasers.
23.b.Minority Business Enterprise Policy:It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R.Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R.Part
23.5.Consequently,this Lease is subject to 49 C.F.R.Part 23,as applicable.No person shall be
excluded from participation in,denied the benefits of or otherwise discriminated against in
connection with the award and performance of any contract,including leases covered by 49
C.F.R.Part 23,on the grounds of race,color,national origin or sex.
23.c.Application to Subleases:Subject to the provisions of Section 14 of this Lease,
Tenant agrees that it willinclude the above clause in all assignments of this Lease or sub—leases,
and cause its assigneels)and sub|essee(s)to similarly include the above clause in further
assignments or subleases of this Lease.
24.FORCE MAJEURE:in the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason of
strikes,Iockouts,labor troubles,inability to procure materials,failure of power,restrictive
governmental laws or regulations,riots,insurrections,war,or other reason of like nature not the
fault of the party delayed in performing work or doing acts required under the terms of this Lease,
then performance of such act shall be extended for a period equivalent to the period of such
delay.The provisions of this Section shall not,however,operate to excuse Tenant from the
prompt payment of Rent,or any other payment required by the terms of this Lease,to be made
by Tenant.
25.TRANSFEROF PREMISESBYLANDLORD:In the event of any sale,conveyance,
transfer or assignment by Landlord of its interest in the Premises,Landlord shall be relieved of
all liability arising from this Lease and arising out of any act,occurrence or omission occurring
after the consummation of such sale,conveyance,transfer or assignment,provided that the
Landlord's transferee shall have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease.
19
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
LAG13-_
26 =if either party brings anv
action for relief against the other party,declaratory or otherwise,arising out of this Lease,
including any action by Landlord for the recovery of Rent or possession of the Premises,the
prevailing party shall be entitled to reasonable attorneys’fees and costs of litigation as
established by the court.Landlord shall also be entitled to recover reasonable attorneys’fees
and collection costs for past-due Rent.For the purpose of this Section 26,attorney's fees shall
include a reasonable rate for attorneys employed by Landlord.
27.EMERGENCYRESPONSE:Tenant must provide to the Airport Manager reasonable
access to the Premises in times of emergency or urgency.The Tenant shall keep an up-to-date
listing of aircraft types,identification,and owners on file and at the Airport Manager's office.
28.DEFINITIONS:As used in this Lease,the following words and phrases,whether or
not capitalized,shall have the following meanings:
"Additional Rent”means any charges or monetary sums to be paid by Tenant to Landlord
under the provisions of this Lease other than Minimum Monthly Rent.
"Authorized representatives”means any officer,agent,employee,independent
contractor or invitee of either party.
”Environmental Laws and Requirements”means any and all federal,state,local laws,
statutes,ordinances,rules,regulations and/or common law relating to environmental
protection,contamination,the release,generation,production,transport,treatment,
processing,use,disposal,or storage of Hazardous Substances,worker health or safety or
industrial hygiene,and the regulations promulgated by regulatory agencies pursuant to these
laws,and any applicable federal,state,and/or local regulatory agency-initiated orders,
requirements,obligations,directives,notices,approvals,licenses,or permits.
”Expiration”means the coming to an end of the time specified in the Lease as its duration,
including any extension of the Term.
”Hazardous Substances"means any and all material,waste,chemical,compound,
substance,mixture or byproduct that is identified,defined,designated,listed,restricted or
otherwise regulated under any Environmental Laws and Requirements as a "hazardous
constituent,"”hazardous substance,””hazardous material,”"extremely hazardous material,"
”hazardous waste,""acutely hazardous waste,”"hazardous waste constituent,”"infectious
waste,”"medical waste,””biohazardous waste,””extremely hazardous waste,”"pollutant,”
"toxic pollutant"or "contaminant/’The term ”Hazardous Substances"includes,without
limitation,any material or substance which is (i)hexavalent chromium;(ii)pentachlorophenol;
(iii)volatile organic compounds;(iv)petroleum;(v)asbestos;(vi)designated as a ”hazardous
substance”pursuant to Section 311 of the Federal Water Pollution Control Act,33 U.S.C.§1251
et seq.(33 U.S.C.§1321);(vii)defined as a "hazardous waste”pursuant to Section 1004 of the
20
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
LAG18-_
Federal Resource Conservation and Recovery Act,42 U.S.C.§6901 et seq.(42 U.S.C.§6903);(viii)
defined as a "hazardous substance”pursuant to Section 101 of the Comprehensive
Environmental Response,Compensation and LiabilityAct of 1980,as amended,42 U.S.C.§9601
et seq.(42 U.S.C.§9601);or (ix)designated as a ”hazardous substance”pursuant to the
Washington Model Toxics Control Act,RCW 70.105D.010 et seq.
"Parties”means Landlord and Tenant.
"Person”means one or more human beings,or legal entities or other artificial persons,
including without limitation,partnerships,corporations,trusts,estates,associations and any
combination of human beings and legal entities.
"Rent”means Minimum Monthly Rent,as adjusted from time to time under this Lease,
and Additional Rent.
29.GENERALPROVISIONS:
29.a.Entire Agreement:This Lease sets forth the entire agreement of the parties as to
the subject matter hereof and supersedes all prior discussions and understandings between
them.This Lease may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto.
29.b.Governing Law:This Lease shall be governed by,and construed and enforced in
accordance with,the laws of the State of Washington.
29.c.Severability:Should any of the provisions of this Lease be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken
and the remainder of this Lease shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
29.d.Jurisdiction and Venue:In the event any action is brought to enforce any of the
provisions of this Lease,the parties agree to be subject to jurisdiction and venue in the Superior
Court of the State of Washington in and for the County of King or in the United States District
Court for the Western District of Washington.
29.e.Waiver:No waiver of any right under this Lease shall be effective unless contained
in a writing signed by a duly authorized officer or representative of the party sought to be charged
with the waiver and no waiver of any right arising from any breach or failure to perform shall be
deemed to be a waiver of any future right or of any other right arising under this Lease.
29.f.Captions:Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
21
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
LAG13-_
29.g.:The term "Tenant"shall be deemed to include the assignee
where there is a full assignment of the Lease.
29.h.Effectiveness:This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
29.i.Gender and Number:As used in this Lease,the masculine shall include the
feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall
include the masculine and feminine,the singular shall include the plural and the plural shall
include the singular,as the context may require.
29.].Time of the Essence:Time is of the essence in the performance of all covenants
and conditions in this Lease for which time is a factor.
29.k.Joint and Several Liability:If Tenant is composed of more than one person or
entity,then the obligations of all such persons and entities under this Lease shall be joint and
several.
29.|.No Recordation Without Consent of Landlord:Tenant shall not record this Lease
or any memorandum of this Lease without Landlord's prior written consent.
29.m.Cumulative Remedies:No remedy or election hereunder shall be deemed
exclusive,but shall,wherever possible,be cumulative with all other remedies at law or in equity.
29.n.Corporate Authority:IfTenant is a corporation or limited liability company,each
individual executing this Lease on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation or limited liabilitycompany pursuant to duly enacted resolutions or other action
of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
22
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
TENANT:
PUGETSOUNDENERGY
a Washington corporation
Its:
Date:
LEASEAGREEMENT
City of Renton to PSE
LANDLORD:
THECITYOF RENTON
a Washington municipal
corporation
Denis Law
Mayor
Date:
ATTEST:
Bv
Jason Seth,City Clerk
Date:
Approved as to legal form:
Shane Moloney
City Attorney
LAG18-__
23
AGENDA ITEM #2. a)
LAG18-
STATEOF WASHINGTON )
:ss.
COUNTYOF )
Icertify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned inthe instrument.
Dated this day of ,201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
STATEOFWASHINGTON )
:ss.
COUNTYOF )
I certify that Iknow or have satisfactory evidence that isthe person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of ,a ,to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of ,201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
24
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
LAG18-
STATEOF WASHINGTON )
:ss.
COUNTYOF )
I certify that Iknow or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
to be the free and voluntary act of suchofa
for the uses and purposes mentioned in the instrument.
Dated this day of ,201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
STATE OFWASHINGTON )
:ss.
COUNTYOF )
Icertify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of ,201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
25
LEASEAGREEMENT
City of Renton to PSE
AGENDA ITEM #2. a)
mmoomo0+:mcm$..<R3».x?mmmzmzamQ.>0»mmzqoz§C>:O=u»£.kmnomq>E93402onh>2DSotmo.2mmnuozV._.0$ZmI=uB293:.mxznmumnmq.§:.>:m3m:mm§>2.Q3‘0».2.282.520noczdn§m:.2n6zRD2.DnMn»...dbhm/\.23..G..m11X.«.k\\,tl.E,\223.3,....L£m.mwzs.1can."§.$F.....Sn?nesE5Rmuava?.3900.0>«>$93.85..9.an29:9.EH5921.:Q23;R338352:!0.8.Usx.2.3.a.n.kgan34ER;>9959Qsays5..SQRMm8.a.:.n>8.3Q5RE3an:2!$9.:9.H9033":.D.Rmru?il»3:¢.RQ..58R2.:99.:3.....o.n>83.80.55:2.:99#335.>5.39.93:9=99.$o.u_.3.H>?nrinO.3.3an?an53:3.>3:399.33an.“amen.;..:.3._.>3.30..38:3:993.3.3.».>3=:RR.38R:8anin2!.9.R922.»5)I.93»;3.53:23»2.3.3.mmmnrnuun.3.5”5.3...R933:.3-:89:89.an8.6..Runs5...:n..ae.nEsau835.5..98.«S3.8.2.aaznzo..a.....a_2.95an:63:Run?!.326..9.53.3:536...,3:..=99mB._o.:.n.Eran9..58H:6anin330.R936.aax?mauaugl.»nmrz?9..23:9=¢.RF~_.8.6.I»3.2.9.9.383:.=99x8843.»8:§R9.~83:2.llanz?m2,..c3..»33.99.:3.A23an3h1!.9.K906|.l.'|.‘up»258....52.3.38E.RA!vmn-n.§?uNnnon..,..W85>4p13355.89.SA2039.:58.921.:n..aE.aRag532:5.99»..._.:_..m..n«.....anzn...2....a.....53R2.3.91:23.8:39...:..23:,:3:S...3:9w3.o.:#.3_:.RQ.5::26anin3.:9.Rosinuu._o.uo.:.:u.8...3.znznmasmui.»3:59.~33E."muu4n..Hw.:IuN.voIo|IJ8+um.8unznz.~:....d...»3.5MQ.83HI.|:Inan...»..8.B....n.55.99.:3.:2.J239m2E._3.3:59RK::2aanas3.:9R936Sn».2.3.withan:_3558..bmhmkb>.WNZSee2863can.I;-En5&5:E5.8.:3.3.2..:3-En§BA.:E5.2.83.3:6..5E.A.:35:22..:3:.nH.:6.ea:6:3:nmuu._o.:..:uuP~o%%....SnioEnSnmau._o=.:..393:Encaamong9528.E.En?xn9:»FE‘SHEA.h>H>33:gsui.9.H9038-4905(z).9r5;565‘g‘$E°?6v.voS)I.‘__.Sm2254:5unanaaunopnnonoin«O«In:5uu7_uo-3o250:3»3»..>ZOmoczoz?£35;inm§¢n<:520..vnanscnoQ»Rnsano«O53«In-KHZECEmatapno34>...nn9.£n$..z.m.8.>nncn>n<m2zo>»om.ng>..:<>n0.C2035£353.inannon.incanQ.3.3Kg‘B«In.mm.:£R9.»z>§>\>nm:ofnnmOznzonono¢mn>onV8045M3991vnozazmu.I111:DO-vs-cu.4X’I.V.D-$Jl-Il?)-U.I1¢§)u?ll.l?lnulovwouli$>2mn>_.mSo88nocicnzraszwnnmeann_.cmou.«O432.262In:no:....__SimrnEunzmmxnnnznn>CU2.0m.MOWN.230)Hm..t..\MC2<M<Om.MDMZu.:..n_0>?m.Bonnacnnmuaz>..<noz?e.n??hzna3(am3..oomnassozm:2>_zv.._..m2..x..3‘lf”x.vnm?mgQ+\InO!"O9.<nz:Q.>r.=~><nwmmmimamac:wnl?nz_I.3:63..annexeinus.‘9|‘.3im51neaannaxanuanunz?..mtzcnv.S5...9....,4,..z:_>..3239.nowanmvnonn_2..oz:>:9_.vaoonocnnmEH.on8..K..2BOOKQm§?..m2.ER22.5..onSOMEKwosnnag.2noznoatsznn$3!inM........SR8mciozsm>mmvnonnu.2!.>.n..:TaouSo.EMEQHEMZB0‘.3%..mans?annoaain>n.~3inW..9...aRos?9.«EBn.DEER.WU...anocn?on3.5.02KSSQN:n§co>:..2E2».2:»....HEsauon3:54"cum.aa:>.33239.unanoacno:3.u??umH..._zozczmz?nu...czm.3:mmonanxoa_~ozS.olcs262}.§..§z2oz2»:1.5».22::82m.36._:8zm_§.m9.8ll‘11'..>mDn??ua1Quw8mQ~<>.3n!m.O.w.__>20nm>20>35¢3.l.>se8:3.2:.Swan»bis:u...:~§:...nx.urn.83»..mxoszxmanozinE36.3>955Baczao.m:§Rm.evsisoF.5358:s.a...<o_m:§Rmus!3>naawzno‘>23on_.8o8:3..s.<...3§n8.._AGENDA ITEM #2. a)
NOTTOSCALESEEDETAIL"A"THISPAGE(N84'43’29"E_123'O5&.(2)sTA:22+36.82'N34-4.3'13E128..-OFFSET:375.30LFOUNDRAILRoAoSPIKEFOUNDNAILFOUNDTACKANDLED(LAG)LEASEAGREEMENTSETREBARWITHCAP§3897205-73LEASEAGREEMENTNUMBERSETTACKANDLED133972P.0.B.POINTorBEGINNINGEXISTINGLEASELINEPROPOSEDLEASELINEREFCEDOCRECORDDIMENSIONPERRErERENcEDATA()(2)-LEASEAGREEMENT(LAG)04-06‘"“*"”"““RENTONMUNICIPALAIRPORTV—'"10”LEASEEXHIBIT'7-3-«("337-"~?°3°3'13'-owWHPac1f1cCITYOFRENTON;iLi'2.f‘§.1°2:.?’°°425051-umPuazsosusoowwwn?pucticoonlAGENDA ITEM #2. a)
PARCELB:
(“NOTE-RECORDLEGALDESCRIPTION)
BEGINNINGAT A POINTLOCATEDONTHERENTONAIRFIELDRUNWAYCENTERLINEREFERREDTOASSTATION0+O0:
THENCEN.O4'49'43'W.ALONGTHERUNWAYCENTERLINEADISTANCEOF2,137.19 FEET.
THENCES.85'10'I7'W.A DISTANCEOF375 FEETTOTHETRUEPOINTOFBEGINNING;
THENCES.84'52'I7'W.A DISTANCEOF 145.93 FEET;
THENCEN.10‘14'29'W.A DISTANCEOF53.33 FEET:
THENCEN.78'59'32'E.A DISTANCEOF4.99 FEET:
THENCEN.20'31'07'E.A DISTANCEOF29.45FEET:
THENCEN.IO'31'10'E.A DISTANCEOF 20.17 FEET;
THENCEN.84'43'29"E.A DISTANCEOF128.05 FEET:
THENCES.4'49'43'E.A DISTANCEOF 99.96 FEETTOTHETRUEPOINTOFBEGINNING.
AREA=14.23216SQUAREFEET
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2 of 2 LEASE EXHIBIT '
CITYOF RENTON :.3,L:‘2.T‘w:°::.::“'°°°
426-O61-4%Fu 425-051-‘BMDATEwmvunpackcom
AGENDA ITEM #2. a)
Inside the Legislature
inFindYour Legislator
in visitingthe Legislature-Agendas,Scheduhs and
Calendars
a Billinformation
in Lawsand Agenoj Flutes
iv‘LegislativeCommittees
pi LegislativeAgencies
a LegislativeInformation
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in E-mailNotifications
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in CivicEducation
a Historyofthe State
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Outside the Legislature
1!Congress »the Other
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it Washington Courts
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LAG18-T
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47.68260 <<47 G8 250 >>A7.68 255
Rcw 47.68250
Registration of aircraft.
Everyaircraftshallbe registered withthe department foreach calendar year inwhichthe
aircraftis operated or is based withinthis state.A teeof fifteendollarsshallbe charged for
each such registrationand each annual renewal thereof.
Possession ofthe appropriate ellectivefederal ceni?cate.permit.rating.orlicense
relatingto ownership and airworthinessoi the aircraft.and payment of the excise taximposedby‘titleQ RCWforthe privilegeotusingthe aircraftwithinthisstate duringthe
year forwhichthe registration is sought,and payment of the registrationfee required bythis
section shallbe the only requisites for registrationot an aircraftunderthissection.
Theregistrationtee imposed by this sectionshallbe payable to and collected bythe
secretary.The fee forany calendaryear must be paidduringthe monthotdanuary.and shall
be collectedbythe secretary at thetimeofthe collectionbyhimor herofthe said excise tax.
Ifthe secretary issatisfied that the requirements forregistrationof theaircrafthave been met.he or she shallthereupon issueto the ownerof the aircrafta certi?cate ofregistrationtherefor.Thesecretary shallpay to the state treasurer theregistrationfees collectedunder
this section.whichregistration fees shall be creditedto the aeronauticsaccount in the
transportation fund.
itshallnot be necessary for the registrant toprovide the secretary withoriginalsorcopies
cl lederalcertificates.permits.ratings,or licenses.Thesecretary shallissue certi?cates at
registration.or suchother evidences of registration orpayment offees as he orshe may
deem proper:and inconnectiontherewithmayprescribe requirements forthe possession
and exhibitionofsuchoeniticatesor other evidences.
Theprovisions of this sectionshall not applyto:
(1)Anaircraftowned by and usedexclusively inthe sewioe olany govemment or any
politicalsubdivisionthereof.includingthe govemmont ofthe UnitedStates,any state,
territory.orpossession ofthe United States,or theDistrictof Columbia,whichisnot engagedincarryingpersonsorpropertyforcommercialpurposes:
(2)Anaircraftregistered underthe lawsofa foreigncountry;
(3)Anaircraftwhichis owned by a nonresidentand registered inanother state:
PROVIDED,Thatifsaidaircraftshallremainin and/or be based inthisstate fora period ot
nirety days or longer itshallnot be exempt underthis section;
(4)Anaircraftengaged principallyincommercialtlyingconstitutingan act of interstateor
foreigncommerce:
(5)Anaircraitowned by the commercialmanufacturer thereolwhile being operated for
test or experimental purposes.or lor the purpose oftrainingcrews tor purchasers of the
aircraft;
(6)Anaircraftbeingheldforsale.exchange.delivery.test.ordemonstrationpurposes
solelyas stockintrade at an aircraftdealer licensedunderTitleE ROW;
(7)Anaircraftbased withinthe state that is in an unairworthycondition.is not operated
withinthe registration period.and has obtained awritten exemption issued bythe secretary.
Thesecretary shallbe noti?edwithinthirtydays of any change inownership of a
LEASEAGREEMENT
City of Renton to PSE
2‘)
AGENDA ITEM #2. a)
LEASEAGREEMENT
City of Renton to PSE
registered aircraft.The noti?cation shall contain the N.NC,NR,NL.or NXnumberofthe
aircraft,the fullname and address ofthe former owner.and the fullname and address ofthe
new owner.For failure to so notifythe secretary,the registrationof that aircraft may be
canceled by the secretary.subject to reinstatement upon application and payment of a
reinstatement fee often dollars bythe new owner.
A municipalityor port districtthat owns.operates.or leases an airport.as defined in RCW
47.68.020 withthe intentto operate.shall require from an aircraftowner proofofaircraft
registration as a condition oi leasing or sellingtiedown or hanger space for an aircraft.Itis
the responsibility ofthe lessee or purchaser to register the aircraft.The airportshall work with
the aviationdivisionto assist inits efforts to register aircraftby providinginformationabout
based aircrafton an annualbasis as requested bythe division.
[2003c37S§4;I999c302§2;1998c16a§1;1995c170§3;t993c208§7;19a7c220§3;1979ct58§
206:1967 cx.s.c9§8;l9S5cI50§11;19-39c 49 §12;1947 c ‘l65§25;Flcm.Supp.1949 §10964-105.
FormerlyRCW 15.95259.)
Notes:
Effective date -2003 c 375:See note following RCW 47.68240.
Severability -1987 c 220:See note following RCW47.68.230.
Aircraftdealers:Chapter 14.20 RCW.
Definitionof terms:RCW 14.20.010,47.68.020.
30
AGENDA ITEM #2. a)
AB - 2364
City Council Regular Meeting - 22 Apr 2019
SUBJECT/TITLE: Airport Lease Agreement LAG 18-XX with Northwest Seaplanes, Inc.
for the 608 Hangar Building
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Casey Boatman, Airport Business Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
Northwest Seaplanes, Inc. (tenant) shall pay the Airport a monthly rent of $4,558.72, or $54,704.64 annually
($910.72 land component, plus a building component of $3,648). The tenant agrees to pay the City 6 months
of the retroactive rent rate of $1,959.40 per month, totaling $11,756.40 for the 6 months prior to execution of
the lease.
SUMMARY OF ACTION:
The Airport and Northwest Seaplanes, Inc. have reached an agreement regarding a 5-year term lease.
Northwest Seaplanes has been occupying the 608 Hangar building month-to-month since 2006 at a current
lease amount of $2,599.32. This 5-year lease takes the lease from a month-to-month agreement and
increases the monthly rent to be in line with Airport-wide rental fees. This also accounts for a negotiated one-
time back payment of rent resulting from a 2016 Airport-wide appraisal.
EXHIBITS:
A. Agreement
B. Lease Map and Legal Description
C. Aircraft Laws and Regulations
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute LAG-XX with Northwest Seaplanes, Inc., to convert the month-
to-month lease agreement for the 608 Hangar building into a 5-year lease.
AGENDA ITEM #3. a)
LAG 18-_______
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
1
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
THIS LEASE AGREEMENT (hereinafter “Lease”) is made and entered into this first day of
November, 2018, by and between THE CITY OF RENTON, a Washington municipal corporation
(hereinafter "Landlord"), and NORTHWEST SEAPLANES, INC., a Washington corporation
(hereinafter “Tenant”).
In consideration of the covenants and agreements set forth in this Lease, Landlord and Tenant
agree as follows:
1. GRANT OF LEASE:
1.a. Documents of Lease: The following document constitutes this Lease;
Exhibit A - Lease Map and Legal Description
Exhibit B - Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and
Transportation
1.b. Legal Description and Reservation of Easement: Landlord hereby leases to
Tenant, and Tenant leases from Landlord for the term described in Section 3 below, the land
and building located at 608 West Perimeter Road as shown on Exhibit “A” (lease map), which is
attached hereto and incorporated herein by this reference, (hereinafter, "Premises").
1.c. Common Areas: Tenant, and its authorized representatives, subtenants,
assignees, agents, invitees, and licensees, shall have the right to use, in common with others,
on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as
they may be amended from time to time) pursuant to Section 8(e) below, the public portion of
the Renton Municipal Airport (aka Clayton Scott Field, hereinafter referred to as “Airport”),
including the runway and other public facilities provided thereon.
1.c.(1). Notwithstanding anything in this Lease to the contrary, Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant’s business on the Premises and, except during construction activities occurring on the
taxiways, runway or weather related events, Landlord shall ensure that Tenant and its
representatives, subtenants, assignees, agents, invitees, and licensees have direct access to the
taxiways and runway at all times during the Term.
1.d. Cancellation of Existing Leases: Tenant understands and agrees that as of the
effective date of this Lease, this Lease shall supersede all pre-existing leases the Tenant has
with the City. Therefore, the existing lease the Tenant has with the City, BLAG-06-001 shall be
terminated upon execution of this Lease.
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2. CONDITIONS:
2.a. Specific Conditions: This Lease, and Tenants’ rights and permitted uses
under this Lease, are subject to the following:
2.a.(1). The Airport Regulations and Minimum Standards (as they may be
amended from time to time) pursuant to Section 8(e) of this lease agreement, including
Landlord's standards concerning operation of public aviation service activities from the
Airport; and
2.a.(2). All such non-discriminatory charges and fees for such use of the Airport
as may be established from time to time by Landlord.
2.b. No Conveyance of Airport: This Lease shall in no way be deemed to be a
conveyance of the Airport, and shall not be construed as providing any special privilege for any
public portion of the Airport except as described herein. The Landlord reserves the absolute
right to lease or permit the use of any portion of the Airport for any purpose deemed suitable
for the Airport, except that portion that is leased hereby.
2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord
holds and operates the Airport and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America, acting through its Reconstruction
Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and
exceptions of the United States therein and thereunder, which grant and conveyance has been
filed for record in the office of the Recorder of King County, Washington, and recorded in
Volume 2668 of Deeds, Page 386; and further that Landlord holds and operates said Airport
and Premises under and subject to the State Aeronautics Acts of the State of Washington
(chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent
legislation of said state and all rules and regulations lawfully promulgated under any act or
legislation adopted by the State of Washington or by the United States or the Federal Aviation
Administration. It is expressly agreed that the Tenant also accepts and will hold and use this
Lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or
arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of this
Lease are or become in conflict with or impaired or defeated by any such legislation, rules,
regulations, contingencies or risks, the latter shall control and, if necessary, modify or
supersede any provision of this Lease affected thereby, all without any liability on the part of,
or recourse against, Landlord in favor of Tenant, provided that Landlord does not exceed its
authority under the foregoing legislation, rules and regulations and provided further that, in
the event that this Lease is modified or superseded by such legislation, rules, regulations,
contingencies or risks, all compensation payable to the Landlord for a third party’s use of the
improvements during the Term shall be paid to the Tenant, its successors or its assigns.
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2.d. Future Development/Funding: Nothing contained in this Lease shall operate or be
construed to prevent or hinder the future development, improvements, or operation of Airport
by Landlord, its agents, successors or assigns, or any department or agency of the State of
Washington or of the United States, or the consummation of any loan or grant of federal or
state funds in aid of the development, improvement, or operation of the Renton Airport, but
Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under
this Lease.
3. TERM:
3.a. Term: The term of this Lease as to the entire Premises shall be for a five year (5)
period commencing on November 1, 2018 (hereinafter “Commencement Date”), and
terminating on October 31, 2023 (hereinafter “Expiration Date”).
4. RENT/FEES/CHARGES:
4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent
in the sum of four thousand five hundred fifty eight and 71/100 dollars ($4,558.71), PLUS
Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or
demand, payable promptly in advance on the first day of each and every month. All such
payments shall be made to the City of Renton, 1055 S. Grady Way, Renton, Washington 98057.
The Minimum Monthly Rent, beginning on the Commencement Date, is computed as follows:
Monthly Rental – Land Component
(14,193 square feet)($0.77 per square foot per year) = $10,928.61/yr, ($10,928.61/12 months =
$910.72 per month) PLUS, leasehold excise tax.
Monthly Rental – Building Component
(4,560 square feet)($9.60 per square foot per year) = $43,776/yr, ($43,776/12 months = $3,648
per month) PLUS, leasehold excise tax.
Monthly Rental – Land Component $910.72
Monthly Rental – Building Component $3,648.00
Total $4,558.72 per month
4.b. Periodic Rental Adjustment: The Monthly Rent shall be subject to automatic
adjustment on the third (3rd) anniversary of the Commencement Date as follows:
As used in this Section 4.b, “Index” means the Consumer Price Index for All Urban
Consumers for Seattle-Tacoma-Bremerton All Items (1982-84=100) (CPI-U) published by
the United States Department of Labor, Bureau of Labor Statistics; “Beginning Index”
means the Index which is published nearest, but preceding, the Commencement Date;
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and “Adjustment Index” means the Index which is published nearest, but preceding,
each Adjustment Date.
For the Periodic Rent Adjustment, if the Adjustment Index has increased over the
Beginning Index, the Monthly Rent payable for the following three (3) year period (until
the next Adjustment Date) shall be set by multiplying the Monthly Rent provided for in
Section 4.a. of this Lease by a fraction, the numerator of which is the Adjustment Index
and the denominator of which is the Beginning Index. The product shall be the
“Adjusted Monthly Rent.” In no event shall the Adjusted Monthly Rent determined
pursuant to this paragraph be less than the Monthly Rent set forth in Section 4.a. of this
Lease.
For any subsequent Periodic Rent Adjustment, if the Adjustment Index is greater than
the Adjustment Index three years prior, then the Adjusted Monthly Rent payable for
the following three (3) year period (until the next Adjustment Date) shall be set by
multiplying the then current Adjusted Monthly Rent by a fraction, the numerator of
which is the Adjustment Index and the denominator of which is the Adjustment Index
from three years prior. The product shall be the “Adjusted Monthly Rent.”
Notwithstanding the foregoing, in no event shall the Adjusted Monthly Rent
determined pursuant to this paragraph be less than any prior Adjusted Monthly Rent.
4.c. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the
tenth (10th) business day after such Rent is due, Tenant shall immediately pay to Landlord a
late charge equal to five percent (5%) of the amount of such Rent. Should Tenant pay said late
charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord’s
acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to
Tenant’s nonpayment nor prevent Landlord from exercising all other rights and remedies
available to Landlord under this Lease or under law. If any check received by Landlord from
Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant
agrees to pay, an additional charge up to the maximum amount allowed by law. Landlord’s
acceptance of this additional charge shall not constitute a waiver of Tenant’s default with
respect to Tenant’s returned check nor prevent Landlord from exercising all other rights and
remedies available to Landlord under this Lease or under law. Unpaid amounts of rent, late
charges, or additional charges shall bear interest at the rate of twelve (12%) percent per
annum until paid.
4.d. Other Fees and Charges: Tenant shall pay, in addition to the Minimum Monthly
Rent and other charges identified in this Lease, all non-discriminatory fees and charges now in
effect or hereafter levied or established by Landlord or charged against the Premises and
against other similarly situated Tenants at the Airport by Landlord, or levied or established by,
or against the Premises by any other governmental agency or authority, being or becoming
levied or charged against the Premises, structures, business operations, or activities conducted
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by or use made by Tenant of, on, and from the Premises, including without limitation, Aircraft
Rescue and Fire Fighting or services rendered to the Tenant or the Premises.
5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as
established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall
be in addition to the Minimum Monthly Rent and other charges payable under this Lease and
shall be paid at the same time the Minimum Monthly Rent is due. If the State of Washington
or any other governmental authority having jurisdiction thereover shall hereafter levy or
impose any similar tax or charge on this Lease or the leasehold estate described herein, then
Tenant shall pay such tax or charge when due. Such tax or charge shall be in addition to the
Minimum Monthly Rent and other taxes or charges payable under this Lease.
6. PAYMENT OF UTILITIES AND RELATED SERVICES. Tenant shall pay for all utilities
and services used in the Premises, including without limitation electricity, gas, water, sewer,
garbage removal, janitorial service, and any other utilities and services used in the Premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption, or failure of any utility services due to any cause whatsoever, except, and only to
the extent caused by, Landlord’s negligence. Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs, alterations or
improvements, or due to accident, strike, act of God, or conditions or events not under
Landlord's control. Temporary interruption or failure of utility services shall not be deemed a
breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations
hereunder.
7. TENANT'S ACCEPTANCE OF PREMISES:
7.a. Acceptance of Premises: By occupying the Premises, Tenant formally accepts
the Premises in “AS IS” condition, and acknowledges that the Landlord has complied with all
the requirements imposed upon it under the terms of this Lease with respect to the condition
of the Premises at the Commencement Date. Tenant hereby accepts the Premises subject to
all applicable zoning, federal, state, county and municipal laws, ordinances and regulations
governing and regulating the use of the Premises, and accepts this Lease subject thereto and to
all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that,
except as otherwise provided in this Lease, neither Landlord nor Landlord's agents have made
any representation or warranty as to the suitability of the Premises for the conduct of Tenant's
business or use. Except as otherwise provided herein, Landlord warrants Tenant's right to
peaceably and quietly enjoy the Premises without any disturbance from Landlord, or others
claiming by or through Landlord.
8. USE OF PREMISES:
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8.a. Use of Premises: The Premises are leased to the Tenant for the following
described purposes and uses necessary to said purposes:
8.a.(1). Aircraft Maintenance including inspection, major and minor repair, and major
and minor alteration of airframes, engines, avionics, interiors and aircraft components;
8.a.(2). Storage and tie-down of aircraft, both indoors and outdoors;
8.a.(3). Sale of aviation fuels and lubricants;
8.a.(4). Sale of aircraft parts, components and pilot supplies;
8.a.(5). Aircraft servicing with fluids and compressed gases; and
8.a.(6). Aircraft grooming;
8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used
for 8.a.(1), and continuously or on occasion for some or all of the remaining purposes set forth
above during the Term. The Premises shall not be allowed to stand vacant or idle, subject to
reasonable, temporary interruptions for maintenance, construction, or other purposes, and
shall not be used for any other purpose without Landlord’s prior written consent. Consent of
Landlord to other types of aviation activities will not be unreasonably withheld.
8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be
used for uses or activities that are not related, directly or indirectly, to aviation.
8.d. Advertising: No advertising matter or signs shall be displayed on the Premises,
at any time, without the prior written approval of Landlord, which approval will not be
unreasonably withheld.
8.e. Conformity with Laws, Rules and Regulations: Tenant shall comply with applicable
federal, state, county and municipal laws, ordinances and regulations concerning Tenant’s use
of the Premises. Tenant shall keep and operate the Premises and all structures, improvements,
and activities in or about the Premises in conformity with the Airport Regulations and
Minimum Standards and other reasonable rules and regulations now or hereafter adopted by
Landlord, provided that all such Airport Regulations and Minimum Standards and other rules
adopted hereafter are non-discriminatory, all at Tenant’s cost and expense.
8.f. Waste; Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or
injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance
thereon, nor the use thereof for any illegal purposes or activities.
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8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb, or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport.
8.h. Hazardous Waste:
8.h.(1). Tenant’s Representation and Warranty: Tenant shall not dispose of or
otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the
Property, or in any tenant improvements or alterations placed on the Premises by Tenant.
Tenant represents and warrants to Landlord that Tenant’s intended use of the Premises does
not and will not involve the use, production, disposal or bringing on to the Premises of any
hazardous substances, hazardous material, wast, pollutant, or contaminant, as those terms are
defined in any federal, state, county, or city law or regulation (collectively, “Hazardous
Substances”) other than fuels, lubricants and other products which are customary and
necessary for use in Tenant’s ordinary course of business, provded that such products are used,
stored and disposed of in accordance with applicable laws and manufacturer’s and supplier’s
guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or
judgments of governmental authorities or courts having jurisdiction, relating to the use,
collection, treatment, disposal, storage, control, removal or cleanup by Tenant of Hazardous
Substances, in, on or under the Premises, or incorporated in any improvements or alterations
made by Tenant to the Premises, at Tenant’s sole cost and expense.
8.h.(2). Standard of Care: Tenant agrees to use a high degree of care to be certain that
no Hazardous Substances are improperly used, released or disposed in, on or under the
Premises during the Term by Tenant, or its authorized representatives or assigns, or are
improperly used, released or disposed on the Premises by the act of any third party.
8.h.(3). Compliance Notification: In the event of non-compliance by Tenant, after
notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord
may, but is not obligated to, enter upon the Premises and take such actions and incur such
costs and expenses to effect such compliance with laws as it deems advisable to protect its
interest in the Premises, provided, however that Landlord shall not be obligated to give Tenant
notice and an opportunity to effect such compliance if (i) such delay might result in material
adverse harm to the Premises or the Airport, or (ii) an emergency exists. Tenant shall
reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in
connection with such compliance activities and such obligation shall continue even after
expiration or termination of the Term. Tenant shall notify Landlord immediately of any release
of any Hazardous Substances in, on or under the Premises.
8.h.(4). Indemnity:
8.h.(4)(a). Landlord shall have no responsibility to the Tenant, or any other third party,
for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, county or
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municipal laws, in the event of a release of or disposition of any Hazardous Substances in, on or
under the Premises during the Term that were caused by Tenant. Tenant shall defend,
indemnify and hold harmless Landlord, its officials, employees, agents and contractors
(hereinafter “City Indemnitees”) from any claims, obligation, or expense (including, without
limitation, third party claims for personal injury or real or personal property damage), actions,
administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or
expense, including, but not limited to, fees incurred by the Landlord or City Indemnitees for
attorneys, consultants, engineers, damages, environmental resource damages, and remedial
action under R.C.W. Chapter 70.105D or other remediation, arising by reason of the release or
disposition of any Hazardous Substances in, on or under the Premises during the Term that are
caused by Tenant.
8.h.(4)(b). Tenant shall have no responsibility to the Landlord, or any other third party,
for remedial action under R.C.W. Chapter 70.105D, or other federal, state, county or municipal
laws, nor shall Tenant have any other liability or responsibility of any kind, in the event of the
presence, release, or disposition of any Hazardous Substance on, in, or under the Premises if
such presence, release, or disposition of any Hazardous Substance was not caused by Tenant
and did not occur during the Term. Landlord shall defend, indemnify and hold harmless
Tenant, and their owners, directors, officers, agents, employees, and contractors (collectively,
“Indemnitees”) from any claims (including without limitation third party claims for personal
injury or real or personal property damage), actions, administrative proceedings, judgments,
penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, fees
incurred by Tenant or any Indemnitee for attorneys, consultants, engineers, damages,
environmental resource damages, and remedial action under R.C.W. Chapter 70.105D or other
remediation, arising from or in connection with the presence, suspected presence, release or
suspected release of any Hazardous Substances in, on or under the Premises that is not caused,
in whole or in part, by Tenant or the Indemnitees and that did not occur during the Term.
8.h.(4)(c). The provisions of this Subsection 8.h.(4) shall survive the expiration or
sooner termination of the Term. No subsequent modification or termination of this Lease by
agreement of the parties or otherwise shall be construed to waive or to modify any provisions
of this Section unless the termination or modification agreement or other document expressly
so states in writing.
8.h.(5). Dispute Resolution: In the event of any dispute between the parties
concerning whether any Hazardous Substances were brought onto the Premises by Tenant, or
whether any release of or disposition of any Hazardous Substance was caused by Tenant, or
whether any release of or disposition of any Hazardous Substance occurred during the Term,
the parties agree to submit the dispute for resolution by arbitration upon demand by either
party. Landlord and Tenant do hereby agree that the arbitration process shall be limited to not
more than one hundred fifty (150) calendar days, using the following procedures:
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8.h.(5).a. Landlord shall select and appoint one arbitrator and Tenant shall select and
appoint one arbitrator, both appointments to be made within a period of sixty (60) days from
the end of the negotiation period cited in Section 8.h.(5). Landlord and Tenant shall each
notify the other of the identity of their arbitrator and the date of the postmark or personal
delivery of the letter shall be considered the date of appointment.
8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decision in
writing within thirty (30) days after the date of their appointment. If the appointment date for
either arbitrator is later than the other, the latter date shall be the appointment date for
purposes of the thirty (30) day deadline.
8.h.(5).c. If the two arbitrators are unable to agree within a period of thirty (30) days
after such appointment, they shall, within a period of thirty (30) days after the first thirty (30)
day period, select a third arbitrator. If such third arbitrator has not been selected or if such
third arbitrator has not accepted such appointment within such thirty (30) day period, either
Permittor or Permittee may apply to the head of the Seattle office of the American Arbitration
Association to appoint said third arbitrator.
8.h.(5).d. The three arbitrators shall have thirty (30) days from the date of selection of
the third arbitrator to reach a majority decision unless the time is extended by agreement of
both parties. The decision of the majority of such arbitrators shall be final and binding upon
the parties hereto.
8.h.(5).e. The arbitrators shall be environmental consultants with experience in the
identification and remediation of Hazardous Substances. The arbitrators shall make their
decision in writing within sixty (60) days after their appointment, unless the time is extended
by the agreement of the parties. The decision of a majority of the arbitrators shall be final and
binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The
expenses of the third arbitrator shall be borne by the parties equally.
8.i. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington
State law concerning aircraft registration and the requirement that the Tenant comply
therewith. See Exhibit B (“Aircraft Laws and Regulations, RCW 47.68.250 Public Highways and
Transportation”).
8.i.(1). Tenant shall annually, during the month of January, submit a report of aircraft
status to the Airport Administration Office. One copy of this report shall be used for each
aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft
owned by the Tenant and the current registration status of each aircraft. If an aircraft is
unregistered, an unregistered aircraft report shall also be completed and submitted to the
Airport Manager.
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8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or
proof of intent to register an aircraft as a condition of sub-leasing tie-down or hangar space for
an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the
Tenant’s Premises submit a report of aircraft status, or, if an aircraft is unregistered, an
unregistered aircraft report. Tenant shall annually, during the month of January, collect the
aircraft owners’ reports and submit them to the Airport Manager.
9. MAINTENANCE:
9.a. Maintenance of Premises: The Premises and all of the improvements or structures
thereon and authorized by the Landlord for use by the Tenant, shall be used and maintained by
Tenant in an operable, neat, orderly, and sanitary manner. Tenant is responsible for the clean-
up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves
upon the Premises, including that blown against fences bordering the Premises, whether as a
result of the Tenant’s activities or having been deposited upon the Premises from other areas.
Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and
tear, including, the interior walls, floors, and any interior portions of all doors, windows, and
glass, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including
exterior mechanical equipment.. Tenant shall make all repairs, replacements and renewals,
whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain
the Premises in the condition required by this Section. Landlord will be responsible for
plumbing and sewage facilities within the building or under the floor slab including free flow up
to the main sewer line, utility facilities, exterior utility facilities, and exterior electrical
equipment serving the Premises. Additionally, Landlord will commit to (1) installation of a
membrane style roofing product on top of the existing roofing in calendar year 2019 and (2)
replacement of the existing pavement on the west side of the building in calendar year 2020.
9.b. Removal of Snow/Floodwater/Mud: Tenant shall be responsible for removal from
the Premises, all snow and/or floodwaters or mud deposited, with the disposition thereof to be
accomplished in such a manner so as to not interfere with or increase the maintenance
activities of Landlord upon the public areas of the Airport.
9.c. Maintenance, Repair and Marking of Pavement: Tenant shall be responsible for,
and shall perform, the maintenance, repair and marking (painting) of pavement surrounding
the buildings within and on the Premises except for that pavement that will be replaced in
calendar year 2020. Such maintenance and repair shall include, as a minimum, crack filling,
weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavements,
as necessary. To the degree the concrete and asphalt pavements are brought to FAA standards
at any time during the Term of this Lease, Tenant shall maintain the concrete and asphalt
pavements in such condition.
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9.d. Right of Inspection: Tenant will allow Landlord or Landlord’s agent, free access at
all reasonable times to the Premises for the purpose of inspection, or for making repairs,
additions or alterations to the Premises, or any property owned by or under the control of
Landlord. Landlord shall provide ten (10) days’ advance notice of any such inspection and use
reasonable efforts not to interfere with Tenant’s use of the Premises during any such
inspection.
9.e. Landlord May Perform Maintenance: If Tenant fails to perform Tenant's
obligations under this section, Landlord may at its option (but shall not be required to) enter
the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an
emergency when no notice shall be required, and put the same in good order, condition and
repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent
per annum shall become due and payable as additional rental to Landlord together with
Tenant's next installment of Rent.
10. ALTERATIONS:
10.a. Protection from Liens: Before commencing any work relating to alterations,
additions and improvements affecting the Premises (“Work”), Tenant shall notify Landlord in
writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be
paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant
shall keep the Premises free and clear of all mechanics' materialmen's liens or any other liens
resulting from any Work. Tenant shall have the right to contest the correctness or validity of
any such lien if, immediately on demand by Landlord, it procures and records a lien release
bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory
requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be
paid all sums awarded to the claimant on its suit, and, in any event, before any execution is
issued with respect to any judgment obtained by the claimant in it suit or before such
judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default
under this Section, by failing to provide security for or satisfaction of any mechanic’s or other
liens, then Landlord may, at its option, in addition to any other rights or remedies it may have,
discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the
claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as
Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as
Additional Rent, on Landlord’s demand, all reasonable costs (including reasonable attorney
fees) incurred by Landlord in settling and discharging such lien together with interest thereon
at the rate of twelve (12%) percent per year from the date of Landlord’s payment of said costs.
Landlord’s payment of such costs shall not waive any default of Tenant under this Section.
10.b. Bond: At any time Tenant either desires to or is required to make any repairs,
alterations, additions, improvements or utility installation thereon, or otherwise, Landlord may
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at its sole option require Tenant, at Tenant's sole cost and expense, to obtain and provide to
Landlord a lien and completion bond in an amount equal to one and one-half (1-1/2) times the
estimated cost of such improvements, to insure Landlord against liability for mechanics and
materialmen's liens and to insure completion of the work.
10.c. Landlord May Make Improvements: Tenant agrees that Landlord may, at its
option and at its expense, make repairs, alterations or improvements which Landlord may
deem necessary or advisable for the preservation, safety or improvement of utilities or Airport
infrastructure on the Premises, if any. Landlord shall provide ten (10) days’ advance notice of
any such work and use reasonable efforts to not interfere with Tenant’s use of the Premises
during any such work.
11. IMPROVEMENTS: As further consideration for this Lease, it is agreed that upon the
expiration or sooner termination of the Term, all structures and any and all improvements of
any character whatsoever installed on the Premises (except for any fuel tanks and related
structures owned by Tenant) shall be and become the property of the Landlord, and title
thereto shall automatically pass to Landlord at such time, and none of such improvements now
or hereafter placed on the Premises shall be removed therefrom at any time without
Landlord’s prior written consent. During the Term, Tenant shall hold title to all improvements
placed by Tenant on the Premises. Tenant covenants and agrees that Tenant will pay and
satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements
before transfer of ownership of such improvements to Landlord upon the expiration or sooner
termination of the Term. Alternatively, Landlord may, at its option, require Tenant, upon the
expiration or sooner termination of the Term, if any, to remove any and all improvements and
structures installed by Tenant from the Premises and repair any damage caused thereby, at
Tenant’s expense.
12. EXEMPTION OF LANDLORD FROM LIABILITY. Landlord or Landlord’s agents shall not
be liable for injury to persons or to Tenant’s business or loss of income therefrom or for
damage which may be sustained by the person, goods, wares, merchandise or property of
Tenant, its authorized representatives, or any other person in or about the Premises, caused by
or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any
part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any
improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements,
fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage,
obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating,
ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar
River or other body of water, or from any other source whatsoever, whether within or without
the Premises; or (f) any act or omission of any other tenant or occupant of the building in
which the Premises are located, or their agents, servants, employees, or invitees, provided,
that the foregoing exemption shall not apply to losses to the extent caused by Landlord’s or its
agents’, contractors’, or employees’ negligence or willful misconduct.
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13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold
harmless Landlord against any and all claims arising from (a) the conduct and management of
or from any work or thing whatsoever done in or about the Premises or the improvements or
equipment thereon during the Term, or (b) arising from any act or negligence or willful
misconduct of the Tenant or any of its agents, contractors, patrons, customers, employees, or
invitees, or (c) arising from any accident, injury, or damage whatsoever, however caused, to
any person or persons, or to the property of any person, persons, corporation or other entity
occurring during the Term in, on, or about the Premises, and from and against all costs,
attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or
proceeding brought against the Landlord by reason of any such claim, except to the extent
caused by the sole negligence of Landlord, its agents, contractors, employees, or its authorized
representatives. Notwithstanding the foregoing, Tenant’s indemnity shall not apply to claims
arising from aviation activities of its patrons, customers, subtenants, or invitees. Tenant, on
notice from Landlord, shall resist or defend such action or proceeding forthwith with counsel
reasonably satisfactory to, and approved by, Landlord. Landlord shall indemnify, defend, and
hold Tenant harmless from and against any and all claims, losses, damages, costs, attorney’s
fees, expenses, and liabilities arising from the negligence or willful misconduct of Landlord or
any of its agents, contractors, employees, or authorized representatives. On notice from
Tenant, Landlord, at Landlord’s expense, shall defend any such action or proceeding forthwith.
The indemnity in this Section shall not apply to Hazardous Substances, which is addressed
elsewhere in this Lease.
14. ASSIGNMENT & SUBLETTING:
14.a. Assignment/Subletting: Tenant shall not voluntarily assign or encumber its
interest in this Lease or in the Premises, or sublease any part or all of the Premises, without
Landlord’s prior written consent, which consent shall not be unreasonably withheld,
conditioned, or delayed. Any assignment, encumbrance or sublease, whether by operation of
law or otherwise, without Landlord’s consent shall be void and shall constitute a default by
Tenant under this Lease. No consent to any assignment or sublease shall constitute a waiver of
the provisions of this Section and no other or subsequent assignment or sublease shall be
made without Landlord’s prior written consent. Before an assignment or sub-lease will be
approved, the proposed assignee or sub-tenant must comply with provisions of the then
current Airport Leasing Policies, including, but not limited to the “Analysis of Tenant’s Financial
Capacity,” independent of Tenant’s compliance or Financial Capacity. Consent shall not be
unreasonably withheld, conditioned, or delayed.
In the case of an assignment of the full leasehold interest and/or complete sale of the stock or
other interests in the entity constituting Tenant and concomitant transfer of ownership of said
entity, (a) in the case of an assignment, the proposed assignee shall deliver to Landlord a
written instrument duly executed by the proposed assignee stating that it has examined this
Lease and agrees to assume, be bound by and perform all of Tenant’s obligations under this
Lease accruing after the date of such assignment, to the same extent as if it were the original
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Tenant, and (b) in the case of a stock transfer, Transferee shall deliver a written
acknowledgment that it shall continue to be bound by all the provisions of this Lease after the
transfer. Except in the case of an assignment of the full leasehold interest, any assignment
permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this
Lease or addenda hereto. In no event will the assignment of the full leasehold interest or the
complete sale of the stock or other interests in the entity constituting Tenant and concomitant
transfer of ownership of said entity cause an extension of the Term of this Lease.
14.b. Conditions to Assignment or Sublease: Tenant agrees that any instrument by
which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this
Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign
or sublet the assigned or sublet space without Landlord’s prior written consent (which consent
shall not, subject to Landlord’s rights under this Section, be unreasonably withheld,
conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate the
provisions of this Lease, and (iv) in the case of any assignment, acknowledge that Landlord may
enforce the provisions of this Lease directly against such assignee. If this Lease is assigned,
whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent
from the assignee. Acceptance of rent by the Landlord shall not be a waiver of any of
Landlord’s remedies against Tenant for violation of provisions of this Lease. A subtenant may
cure Tenant’s default. In either event, Landlord shall apply the amount collected from the
assignee or subtenant to Tenant’s obligation to pay Rent under this Lease.
14.c. No Release of Tenant's Liability: Neither an assignment or subletting nor the
collection of Rent by Landlord from any person other than Tenant, nor the application of any
such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this
Section or release Tenant from its obligation to comply with the terms and provisions of this
Lease and Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this
Lease, including the obligation to pay Rent under this Lease, unless Landlord otherwise agrees
in writing. Notwithstanding the foregoing, in the event that Landlord’s consent to assignment
is obtained for a complete assignment and Assignee agrees in writing to assume all of the
obligations and liabilities of this Lease accruing after such assignment, Tenant shall be relieved
of all liability arising from this Lease and arising out of any act, occurrence or omission
occurring after Landlord’s consent is obtained. To the extent that any claim for which
indemnification of the Landlord (including with respect to Hazardous Substances) arises after
Tenant’s complete assignment for conduct predating said assignment, the Tenant shall not be
relieved of obligations or liability arising from this Lease.
14.d. Documentation: No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the
terms and provisions of this Lease; provided that no Operating Permit shall be required for the
subletting of hangar or tie-down space for aircraft storage purposes. No permitted assignment
shall be effective unless and until there has been delivered to Landlord a counterpart of the
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assignment in which the assignee assumes all of Tenant’s obligations under this Lease arising
on or after the date of the assignment.
14.e. No Merger: Without limiting any of the provisions of this Section, if Tenant has
entered into any subleases of any portion of the Premises, the voluntary or other surrender of
this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger
and shall terminate all or any existing subleases or subtenancies.
15. DEFAULT AND REMEDIES:
15.a. Default: The occurrence of any of the following shall constitute a default by
Tenant under this Lease:
15.a.(1). Failure to Pay Rent: Failure to pay Rent when due, if the failure continues for
a period of three (3) business days after notice of such default has been given by Landlord to
Tenant.
15.a.(2). Failure to Comply with Airport Regulations and Minimum Standards: Failure
to comply with the Airport Regulations and Minimum Standards, if the failure continues for a
period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If
the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant
shall not be in default under this Lease if Tenant commences to cure the failure to comply
within twenty-four (24) hours and diligently and in good faith continues to cure the failure to
comply. However, said inability to cure within twenty-four (24) hours, diligence and good faith
notwithstanding, cannot be based on financial incapacity.
15.a.(3). Failure to Perform or Cure: Failure to perform any other provision of this
Lease, if the failure to perform is not cured within thirty (30) days after notice of such default
has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty
(30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the
default within thirty (30) days of the Landlord’s notice and diligently and in good faith
continues to cure the default.
15.a.(4). Appointment of Trustee or Receiver: The appointment of a trustee or receiver
to take possession of substantially all of the Tenant’s assets located at the Premises or of
Tenant’s interest in this Lease, where possession is not restored to Tenant within sixty (60)
days; or the attachment, execution or other judicial seizure of substantially all of Tenant’s
assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not
discharged within sixty (60) days.
15.a.(5). Failure to Comply With Laws: It shall be a default of this Lease if the Tenant
fails to comply with any of the statutes, ordinances, rules, orders, regulations, and
requirements of the federal, state, and/or city governments, or any terms of this Lease.
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15.b. Additional Security: If Tenant is in default under this Lease, and such default
remains uncured for more than three (3) business days after Landlord gives Tenant notice of
such default, then Landlord, at Landlord’s option, may in addition to other remedies, require
Tenant to provide adequate assurance of future performance of all of Tenant’s obligations
under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to
Landlord, a surety bond, a letter of credit or other security acceptable to, and approved by,
Landlord. If Tenant fails to provide such adequate assurance within twenty (20) days of receipt
of a request by Landlord for such adequate assurance, such failure shall constitute a material
breach of this Lease and Landlord may, at its option, terminate this Lease.
15.c. Remedies: If Tenant commits a default, then following the expiration of the
notice and cure periods set forth in Section 15.a. above, Landlord shall have the following
alternative remedies, which are in addition to any remedies now or later allowed by law, and
Landlord shall use reasonable efforts to mitigate its damages:
15.c.(1). Maintain Lease in Force: To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due, without terminating
Tenant's right to possession, irrespective of whether Tenant shall have abandoned the
Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to
attempt to re-let the Premises at such rent and upon such conditions and for such a term, and
to perform all acts necessary to maintain or preserve the Premises as Landlord deems
reasonable and necessary, without being deemed to have elected to terminate the Lease,
including removal of all persons and property from the Premises; such property may be
removed and stored in a public warehouse or elsewhere at the cost of and on the account of
Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon
the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect
to terminate the Lease initially, Landlord at any time during the Term may elect to terminate
this Lease by virtue of such previous default of Tenant so long as Tenant remains in default
under this Lease.
15.c.(2). Terminate Lease: To terminate Tenant’s right to possession by any lawful
means, in which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord. In such event Landlord shall be entitled to recover
from Tenant all damages incurred by Landlord by reason of Tenant’s default including without
limitation thereto, the following: (i) any and all unpaid Rent which had been earned at the
time of such termination, plus (ii) any and all Rent which would have been earned after
termination until the time of occupancy of the Premises by a new tenant following the re-
letting of the Premises, plus (iii) any other amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant’s failure to perform its obligations under this
Lease or which in the ordinary course of business would be likely to result therefrom, including
without limitation, in (A) retaking possession of the Premises, including reasonable attorney
fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the
Premises for re-letting to a new tenant, including repairs or necessary alterations to the
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Premises for such re-letting, (D) leasing commissions incident to re-letting to a new tenant, and
(E) any other costs necessary or appropriate to re-let the Premises; plus (iv) at Landlord's
election, such other amounts in addition to or in lieu of the foregoing as may be permitted
from time to time by applicable state law. The amounts referenced in this Section include
interest at 12% per annum.
16. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as
set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon
the parties, their successors and assigns, and in the case of a Tenant who is a natural person,
his or her personal representative and heirs.
17. CONDEMNATION: If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county, state, or federal authority for any purpose,
then the Term shall cease as to the part so taken from the day the possession of that part shall
be required for any purpose, and the rent shall be paid up to that date. From that day the
Tenant shall have the right to either cancel this lease and declare the same null and void, or to
continue in the possession of the remainder of the same under the terms herein provided,
except that the rent shall be reduced in proportion to the amount of the Premises taken for
such public purposes. All damages awarded for such taking for any public purpose shall belong
to and be the property of the Landlord, whether such damage shall be awarded as
compensation for the diminution in value to the leasehold, or to the fee of the Premises herein
leased. Damages awarded for the taking of Tenant's improvements located on the Premises
shall belong to and be awarded to Tenant.
18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end
of the Term in a condition as good as the reasonable use thereof would permit, normal wear
and tear excepted. Alterations, additions or improvements which may be made by either of
the parties hereto on the Premises, except movable office furniture or trade fixtures put in at
the expense of Tenant, shall be and remain the property of the Landlord and shall remain on
and be surrendered with the Premises as a part thereof at the termination of this Lease
without hindrance, molestation, or injury. Tenant may remove from the Premises movable
office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its sole
expense, properly and promptly repair to Landlord’s reasonable satisfaction any damage to the
Premises occasioned by Tenant’s use thereof, or by the removal of Tenant’s movable office
furniture or trade fixtures and equipment, which repair shall include the patching and filling of
holes and repair of structural damage.
19. INSURANCE:
19.a. Personal Property: Tenant, at its expense, shall maintain in force during the Term
a policy of special form – causes of loss or all risk property insurance on all of Tenant’s
alterations, improvements, trade fixtures, furniture and other personal property in, on or
about the Premises, in an amount equal to at least their full replacement cost. Any proceeds
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of any such policy available to Tenant shall be used by Tenant for the restoration of Tenant’s
alterations, improvements and trade fixtures and the replacement of Tenant’s furniture and
other personal property. Any portion of such proceeds not used for such restoration shall
belong to Tenant.
19.b. Liability Insurance. Tenant, at its expense, shall maintain in force during the Term
the following types of insurance (or equivalents): a policy of commercial general liability
insurance (including premises liability), with the following limits: $1,000,000 per occurrence,
$2,000,000 annual aggregate. Landlord shall be named as an additional insured on Tenant’s
liability insurance solely with respect to the operations of the named insured (i.e., Tenant) and
that coverage being primary and non-contributory with any other policy(ies) carried by, or
available to, the Landlord. The Tenant shall provide the Landlord with written notice of any
policy cancellation, within two business days of their receipt of such notice.
19.c. Insurance Policies: Insurance required hereunder shall be written by a company
or companies acceptable to Landlord. Landlord reserves the right to establish and, from time-
to-time, to increase minimum insurance coverage amounts. Insurance required herein shall
provide coverage on an occurrence basis, not a claims-made basis. Notice of increased
minimum insurance coverage amounts shall be sent to the Tenant at least ninety (90) days
prior to the annual renewal date of the Tenant’s insurance. Prior to possession the Tenant
shall deliver to Landlord documents, in a form acceptable to Landlord, evidencing the existence
and amounts of such insurance. Tenant shall, prior to the expiration of such policies, furnish
Landlord with evidence of renewal of such insurance, in a form acceptable to Landlord. Tenant
shall not do or permit to be done anything which shall invalidate the insurance policies
referred to above. Tenant shall forthwith, upon Landlord’s demand, reimburse Landlord for
any additional premiums for insurance carried by Landlord attributable to any act or omission
or operation of Tenant causing such increase in the cost of insurance. If Tenant shall fail to
procure and maintain such insurance, then Landlord may, but shall not be required to, procure
and maintain the same, and Tenant shall promptly reimburse Landlord for the premiums and
other costs paid or incurred by Landlord to procure and maintain such insurance. Failure on
the part of the Tenant to maintain the insurance as required shall constitute a material breach
of the lease, upon which the Landlord may, after giving five business days notice to the Tenant
to correct the breach, terminate the Lease or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so expended
to be repaid to the Landlord on demand.
19.d. Waiver of Subrogation: Tenant and Landlord each waives any and all rights of
recovery against the other, or against the officers, employees, agents and representatives of
the other, for loss of or damage to such waiving party or its property or the property of others
under its control, where such loss or damage is insured against under any insurance policy in
force at the time of such loss or damage. Tenant shall, upon obtaining the policies of insurance
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required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of
subrogation is contained in this Lease.
20. TAXES: Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21. NO WAIVER: It is further covenanted and agreed between the parties hereto
that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or
condition of this Lease shall be construed to be a waiver of any succeeding breach of the same
covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement,
stipulation, or condition. The acceptance by the Landlord of rent after any breach by the
Tenant of any covenant or condition by Tenant to be performed or observed shall be construed
to be payment for the use and occupation of the Premises and shall not waive any such breach
or any right of forfeiture arising therefrom.
22. NOTICES: All notices or requests required or permitted under this Lease shall be
in writing; shall be personally delivered, delivered by a reputable express delivery service such
as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid,
and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall
be sent to Landlord at Landlord’s address set forth below and all notices or requests to Tenant
shall be sent to Tenant at Tenant’s address set forth below:
Landlord’s Address: Airport Administration Office
Attention: Airport Manager
616 West Perimeter Road, Unit A
Renton, Washington 98057
Tenant’s Address: Northwest Seaplanes, Inc.
P.O. Box 1845
Renton, Washington 98057
Either party may change the address to which notices shall be sent by written notice to the
other party.
23. DISCRIMINATION PROHIBITED:
23.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate
against any person or class of persons by reason of race, color, creed, sex or national origin, or
any other class of person protected by federal or state law or the Renton City Code, in the use
of any of its facilities provided for the public in the Airport. Tenant further agrees to furnish
services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge
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on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided
that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
23.b. Minority Business Enterprise Policy: It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5.
Consequently, this Lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be
excluded from participation in, denied the benefits of or otherwise discriminated against in
connection with the award and performance of any contract, including leases covered by 49
C.F.R. Part 23, on the grounds of race, color, national origin or sex.
23.c. Application to Subleases: Subject to the provisions of Section 14 of this Lease,
Tenant agrees that it will include the above clause in all assignments of this Lease or sub-
leases, and cause its assignee(s) and sublessee(s) to similarly include the above clause in
further assignments or subleases of this Lease.
24. FORCE MAJEURE: In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive
governmental laws or regulations, riots, insurrections, war, or other reason of like nature not
the fault of the party delayed in performing work or doing acts required under the terms of this
Lease, then performance of such act shall be extended for a period equivalent to the period of
such delay. The provisions of this Section shall not, however, operate to excuse Tenant from
the prompt payment of rent, or any other payment required by the terms of this Lease, to be
made by Tenant.
25. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance,
transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of
all liability arising from this Lease and arising out of any act, occurrence or omission occurring
after the consummation of such sale, conveyance, transfer or assignment, provided that the
Landlord’s transferee shall have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease.
26. ATTORNEYS’ FEES AND COSTS; COLLECTION COSTS: If either party brings any
action for relief against the other party, declaratory or otherwise, arising out of this Lease,
including any action by Landlord for the recovery of Rent or possession of the Premises, the
prevailing party shall be entitled to reasonable attorneys’ fees and costs of litigation as
established by the court. If the matter is not litigated or resolved through a lawsuit, then any
attorneys’ fees for collection of past-due rent or enforcement of any right of Landlord or duty
of Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge,
any costs of collection or enforcement, including reasonable attorney’s fees. For the purpose
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of this Section26, attorney’s fees shall include a reasonable rate for attorney’s employed by the
City.
27. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager
reasonable access and response in times of emergency or urgency. The Tenant is wholly
responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and
at the Airport Manager’s office.
28. DEFINITIONS: As used in this Lease, the following words and phrases, whether
or not capitalized, shall have the following meanings:
“Additional Rent” means any charges or monetary sums to be paid by Tenant to
Landlord under the provisions of this Lease other than Minimum Monthly Rent.
“Authorized representatives” means any officer, agent, employee, independent
contractor or invitee of either party.
“Environmental Laws and Requirements” means any and all federal, state, local laws,
statutes, ordinances, rules, regulations and/or common law relating to environmental
protection, contamination, the release, generation, production, transport, treatment,
processing, use, disposal, or storage of Hazardous Substances, worker health or safety or
industrial hygiene, and the regulations promulgated by regulatory agencies pursuant to these
laws, and any applicable federal, state, and/or local regulatory agency-initiated orders,
requirements, obligations, directives, notices, approvals, licenses, or permits.
“Expiration” means the coming to an end of the time specified in the Lease as its
duration, including any extension of the Term.
“Hazardous Substances” means any and all material, waste, chemical, compound,
substance, mixture or byproduct that is identified, defined, designated, listed, restricted or
otherwise regulated under any Environmental Laws and Requirements as a “hazardous
constituent,” “hazardous substance,” “hazardous material,” “extremely hazardous material,”
“hazardous waste,” “acutely hazardous waste,” “hazardous waste constituent,” “infectious
waste,” “medical waste,” “biohazardous waste,” “extremely hazardous waste,” “pollutant,”
“toxic pollutant” or “contaminant.” The term “Hazardous Substances” includes, without
limitation, any material or substance which is (i) hexavalent chromium; (ii) pentachlorophenol;
(iii) volatile organic compounds; (iv) petroleum; (v) asbestos; (vi) designated as a “hazardous
substance” pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. §
1251 et seq. (33 U.S.C. § 1321); (vii) defined as a “hazardous waste” pursuant to Section 1004
of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. §
6903); (viii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §
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9601 et seq. (42 U.S.C. § 9601); or (ix) designated as a “hazardous substance” pursuant to the
Washington Model Toxics Control Act, RCW 70.105D.010 et seq.
“Parties” means Landlord and Tenant.
“Person” means one or more human beings, or legal entities or other artificial persons,
including without limitation, partnerships, corporations, trusts, estates, associations and any
combination of human beings and legal entities.
“Rent” means Minimum Monthly Rent, as adjusted from time to time under this Lease,
and Additional Rent.
29. GENERAL PROVISIONS:
29.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to
the subject matter hereof and supersedes all prior discussions and understandings between
them. This Lease may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto.
29.b. Governing Law: This Lease shall be governed by, and construed and enforced in
accordance with, the laws of the State of Washington.
29.c. Severability: Should any of the provisions of this Lease be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken
and the remainder of this Lease shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
29.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the
provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in
the Superior Court of the State of Washington in and for the County of King or in the United
States District Court for the Western District of Washington.
29.e. Waiver: No waiver of any right under this Lease shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the party sought
to be charged with the waiver and no waiver of any right arising from any breach or failure to
perform shall be deemed to be a waiver of any future right or of any other right arising under
this Lease.
29.f. Captions: Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
29.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee
where there is a full assignment of the Lease.
AGENDA ITEM #3. a)
LAG 18-_______
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
23
29.h. Effectiveness: This Lease shall not be binding or effective until properly
executed and delivered by Landlord and Tenant.
29.i. Gender and Number: As used in this Lease, the masculine shall include the
feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall
include the masculine and feminine, the singular shall include the plural and the plural shall
include the singular, as the context may require.
29.j. Time of the Essence: Time is of the essence in the performance of all covenants
and conditions in this Lease for which time is a factor.
29.k. Joint and Several Liability: If Tenant is composed of more than one person or
entity, then the obligations of all such persons and entities under this Lease shall be joint and
several.
29.l. No Recordation Without Consent of Landlord: Tenant shall not record this Lease
or any memorandum of this Lease without Landlord’s prior written consent.
29.m. Cumulative Remedies: No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
29.n. Corporate Authority: If Tenant is a corporation or limited liability company,
each individual executing this Lease on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf
of said corporation or limited liability company pursuant to duly enacted resolutions or other
action of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
AGENDA ITEM #3. a)
LAG 18-_______
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
24
TENANT: LANDLORD:
NORTHWEST SEAPLANES, INC. THE CITY OF RENTON
a Washington corporation a Washington municipal
corporation
By: Denis Law
Its: Mayor
Date: Date:
ATTEST:
By
Jason Seth, City Clerk
Date:
Approved as to legal form:
Shane Moloney
City Attorney
AGENDA ITEM #3. a)
LAG 18-_______
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
25
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
I certify that I know or have satisfactory evidence that ________________________ is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
_______________________ of __________________________, a _______________, to be the free and
voluntary act of such _______________ for the uses and purposes mentioned in the instrument.
Dated this ____ day of _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
I certify that I know or have satisfactory evidence that ________________________ is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
_______________________ of __________________________, a ________________, to be the free
and voluntary act of such ____________ for the uses and purposes mentioned in the instrument.
Dated this ____ day of _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
AGENDA ITEM #3. a)
LAG 18-_______
LEASE AGREEMENT
City of Renton to Northwest Seaplanes, Inc.
26
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
I certify that I know or have satisfactory evidence that ________________________ is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
_______________________ of __________________________, a _______________, to be the free and
voluntary act of such _______________ for the uses and purposes mentioned in the instrument.
Dated this ____ day of _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
STATE OF WASHINGTON )
: ss.
COUNTY OF ___________ )
I certify that I know or have satisfactory evidence that ________________________ is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
_______________________ of __________________________, a ________________, to be the free
and voluntary act of such ____________ for the uses and purposes mentioned in the instrument.
Dated this ____ day of _______________________, 201__.
___________________________________
[Signature of Notary]
___________________________________
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _______________.
My commission expires: ______________.
AGENDA ITEM #3. a)
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PERREFERENCEom (I (2)-LEASEAGREEMENT(LAG)04-06
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AGENDA ITEM #3. a)
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THENCEN.10'1-‘I'29'W.A DISTANCEOF53.33 FEET:
THENCEN.78'59'32'E.A DISTANCEOF4.99 FEET:
THENCEN.20'31'07'E.A DISTANCEOF 29.45 FEET;
THENCEN.10'31'IO'E.A DISTANCEOF20.17FEET;
THENCEN.84'43'29'E.A DISTANCEOF128.05FEET:
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AGENDA ITEM #3. a)
Inside the Legislature
la FindYourLegslator
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LEASEAGREEMENT
City of Renlon to Northwest Seaplanes,inc
LAG17
RQMn>hM?> >
57456359(4 .'.'I (36 ?SU>>iijaj??
RCW 41.68250
Registration of aircraft.
Everyaircraftshallbe registeredwiththe rtnpanrnenttoreach calendar yearlll whichthe
airuetlls operatedor is based withinthis ame Atee ol litleendollarsshellbecherged lureachsuchreg'streh'on and each annual renewalthereul
Possasson ol theappropttateettectwefederalcerlllimle,p£mnrL ralmg.orleense
relatingto ownersrip andeirworthrnessol thearrualtand payrrnnt ottheexose taxirrposedTitleQHcwtorthnprivilegeatusingtheairualtwithintheslatedun the
year torw ichtlreregistrationts seugltLundpayment oitheregistralronleerequl by thesectionshallbetheoriyraqu's'rtestorregistrationotanatrcmltunderthissection
Therejslraten leeimposedbythtssection shallbe payable to and oollecmrby the
secretary.Thetee toranycalendaryearmustbeEld?odurtngthemonthatJanuary,andshallbeeellecmdbytheseuetaryatthelirmottheeonbyhtmorlrerelthesaldexclselaxlithesecretarytssatisfedthattherequ’rernernstorregistrationotttte elrcratthavebeenmet.heor she shallthereupon‘issuetothe ownerat theairmane oemlicateolregistration
theretor.Themore sheltp to thestate treaeurerthoregrslrel‘innhas collectedIn derthissectlon.whlchre-gmemnatzasshe!becreditedtotheaeroneuneseewunt tnthe
n
murspertaliontrmd.
ltshaltnot be mauary tortheredstranttoprovidethe secretary withoriginalsor copiesatledaralr:ertil'rmtee_permit;ratings.orIeenses.Thesecretary Ital lure eertiticateset
maistralion.orsun:etherevidenoesatregistrationorpayment oltees as he orshemay
deem .and tnconrectionttrerewlthmaypresaibe requirements tortheposseseon
andexhibitionatsudi uarti?nateaorotherevidences.
Theprov'sons ol this Sedmfl shat notapplyto.
It)Anaircraftownedby and used exclusivelyin the serviceolany government orany
politicalsubdrrrislonthereol.irdudingthegoverrrrrent otthe UnitedStates,any state,territory.or possession at the UnitedStates,orthe DstrletoiColrmbia,whichis notengaged
in carryingpersonsorproperty torcemrnerualpurposes:
(2)Anatrcralt registeredunder thelaws ol a loreigncountry;
(3)Aneirrralt whim b mined by e nonreedent andre
PROVIDED,Thatitsaidafruahshallremin Inendlor be
ninetydays or longeritshallnot be exempt under this section;
(4)Aneircreltengaged prinupatlylneomrrlerrzaltty-ngconstitutinganact oiInterstate or
lorelgneomrneme:
(5)Ane.r'n:IalIowned bythe commerce!rnanutaoturorthereulwhltebeingoperated tor
testtghexpertmentalpurposes,or torthe purpose ol Irernng crews lorpurdrasers cl the
alter ;
leredin enalnr state.
in this state tora peicd oi
(6)Anelrnretthehg heldtnr sale,exchange.detrvnry.test,nrdernonulntllonpurposes
sehty esstocltlntradeulen elrcrrattdeaterieersedunderTtle_t4 ROW;
(7)Anelreraltbesedvrittin thestate that is inan unairwonhyraendihtrn,isnot operated
withinthe regstrationpared,and has obtainedawritten mrernptienissued bythe secretary
Thesetzetary she]be notvtiedwith-"nI?rty days elarry change inownership ota
AGENDA ITEM #3. a)
LEASEAGREEMENT
LAG17-
registered alrcralt Thenoti?cationshallcontain theN,NC.NR.NL.or NXnumber ol the
aircraft.the lullnameand address at the lorrnerowner.and the lullname andaddress at the
new owner.For lailuretoso notifythe secretary.the registrationat thatairoraltmay becanceledbythesecretary,subject to reinstatement uponapprrcationand payment at a
reinstatement tee often dollarsby the new owner.
Amunicipalityorport dtstrictthat owns.operates,or bases an alrport,as de?ned lnROW
5jl_,§_Q3_29,withtheIntenttooperate,shallrequiretraman aircraltownerproofofaircraftreglslrallonegaconrfrnonofleasingorsaltmgtrodpwnorhangerspacetoranarrcralt.ll rs .the responsibtlityolthe bases or punzhaser to regrster the aircraft.Thearrport shallworkwith
the aviationdlvlslonto assist initsallortsto rgglsteralrcraltbyprovidrnglnlorrnatlonabout
based aircrafton an annualbasis as request by the drvislon.
[2oo:rc:ns§4;t998o802§2,I998:t88§1,I995:I7tl§tl;teeacznss 7,t9B7c220g3,1979:1539206:I967 oru.c 998,1955:150g 11;1949 :49 512;III47 c tBS§25;Flern.Supp.I349 W964-10$.FormedyHG‘H.1_lM.2§D.]
Notes:
E?ectlve date -2003 c 375:See note lollowingRCW5_L§_Q,g5_Q
Severablllty -1987 c 220:See note lollowingRCW.
Aircraltdealers:Chapter 14.20 RCW.
De?nition0'terms:FICW..
City of Renton to Northwest Seaplanes,Inc.
30
AGENDA ITEM #3. a)
Walkways & Sidewalks
Providing walkability and connectivity
Transportation Committee
May 6, 2019
What are people asking for?
The Transportation Division directly receives a handful of requests for sidewalks through emails and calls
every year. Most requests are for existing sidewalk locations needing repair and maintenance. For requests
on streets with no existing sidewalk, the 2008 Comprehensive Walkway Study is referenced and how the
street scored in the prioritization framework.
The recent Renton Trails and Bicycle Master Plan update had an extensive public process that engaged the
public on walking and biking.
88.5% of survey respondents walk around their neighborhood or to a
public facility. This is consistent in the 2017 State Comprehensive
Outdoor Recreation Planning (SCORP) document which found that
participation rates for walking is 94% statewide.
Based on input walk problems, most concern locations were
identified in the East Plateau, North Highlands, and mid-Kennydale
Planning Areas.
Top barriers to walking were crossing difficult intersections, too much
car traffic, or sidewalks are discontinuous or missing. Top
improvements to encourage walking were more curb ramps, more
sidewalks, more paved shared-use trails, maintenance of sidewalks or
trail surfaces regarding debris and vegetation.
Questionnaire responses indicate that residents use bicycles or walk
to make short, local trips typically associated with the first and last
mile to or from destinations. Improving walking and biking
infrastructure to appeal to a broad and diverse range of people can
make it easier for people to access transit.
“I am not willing to walk or
ride a bike on the shoulder of a
busy or slightly busy road,
regardless of whether or not
the shoulder is paved…”
“I want to bike and walk...my
car trips kill me literally and
keep me isolated. I want an
outdoor vibrant community.”
AGENDA ITEM #4. a)
How many sidewalks exists within Renton city limits?
The 2008 Comprehensive Citywide Walkway
Study shows that there were 266 miles of
sidewalk in Renton.
A GIS inventory conducted in 2018 as part of
work for the ADA Transition Plan shows 368
miles of existing sidewalk.
This does not account for existing conditions
of sidewalk, such as surface type or ADA
compliance.
How are sidewalk requests prioritized?
In the 2008 Comprehensive Citywide Walkway
Study, street segments without sidewalks were
prioritized using an evaluation system.
Over the years, some of the top recommended
projects were completed as funds were available
or obtained through grants. However, there are
still many top scoring segments from the
prioritized list that do not have sidewalks today.
0
50
100
150
200
250
300
350
400
2008 2018
total centerline miles miles of sidewalk
AGENDA ITEM #4. a)
Building an Active Transportation Network
The current generation of multimodal rating analysis is based on comfort and perceived safety level of the
user as a function of a road corridor's geometry and traffic conditions. The recently adopted Renton Trails
and Bicycle Master Plan used Level of Traffic Stress (LTS) to help explain why a certain facility type is
proposed for certain roadways. Building a low-stress non-motorized system can be a metric that can be
measured over time. It is a milestone that can be accomplished with commitment of time and resources.
The same methodology of Bicycle LTS can be applied to creating a Pedestrian Level of Traffic Stress system.
The facility types would vary depending on variables such as width, separation from traffic, average or actual
traffic speeds, type of arterial, number of driveways, surrounding land use, etc. This would be part of a
major planning effort, such as an update to the Comprehensive Citywide Walkway Study.
AGENDA ITEM #4. a)
How do sidewalks and walkways currently get built?
•Private Development
industry fluctuates and inconsistent, dependent on developer timelines, availability of
properties
•Major Capital Projects
historically dependent on federal or state grants for implementation, right-of-way/
property acquisition and coordination can take a long time
•Walkway Program
annual budget allocation used as matching funds for grants or accumulated for several
years in order to implement one project
•Maintenance / Minor Capital
constructed by city crews, limited to short missing links, 1-2 per year
What are average walkway costs?
Below are the cross-sections that were analyzed for the 2008 Walkway Study. The cost per linear foot have
been updated to current bid prices. These are for comparison pricing only. Specific project estimates will
vary due to site constraints and design considerations.
AGENDA ITEM #4. a)
Top Recommended Projects from 2008 Comprehensive Walkway Study
that have not been implemented and do not require property acquisition
Transportation Committee May 6, 2019 Street block segments within the same vicinity in the 2008 Walkway Study were combined into one project. AGENDA ITEM #4. a)
Top Recommended Projects from 2008 Comprehensive Walkway Study
that have not been implemented and do not require property acquisition
Transportation Committee May 6, 2019
Estimated Cost
1 Edmonds Ave NE
NE 9th Pl to Sunset Blvd leading to Highlands Neighborhood Center $500,000
2 Hardie Ave SW
SW Victoria St southward 700 ft Downtown Core, near Fred Meyer, low opportunity area $600,000
3 NE 4th St
Jericho Ave NE to Nile Ave NE missing segments on major corridor $400,000
4 S 29th St/108th Ave SE/SE 164th St adjacent to Nelson Middle School $500,000
5 Talbot Rd S
S 21st St to S 23rd St adjacent to Talbot Hill Elementary $450,000
Subtotal $2,450,000
Street block segments within the same vicinity in the 2008 Walkway Study were combined into one project. AGENDA ITEM #4. a)
PUBLICWORKSDEPARTMENTMEM0RANDUMDATE:May6,2019TO:DonPersson,CouncilPresidentMembersofRentonCityCounciliti&‘i)IOVL-VVIA:DenisLaw,MayorFROM:GregZimmermacWAdministratorSTAFFCONTACT:JimSeitz,TransportationDirectorSUBJECT:PostingBridgeWeightLimitsforWilliamsAvenueBridge,HouserWayBridgeandNileAvenueNEBridgeOnMarch18,2019,thePublicWorksDepartment,TransportationDivisionreceivedaletterfromtheWashingtonStateDepartmentofTransportation(WSDOT)statingthattheCityispresentlynon-compliantwithcurrentFederalHighwayAdministration(FHWA)regulations.Specifically,Title23,CFR650SubpartC,Section313(c)forInspectionProcedures—PostorRestrictBridges(Metric14).Thisregulationrequiresthepostingofbridgeweightlimitsforallbridgeswhentheresultsofabridgeloadratinganalysisdetermineweightrestrictionsarenecessary.TheWSDOTletteroutlinesaplanofcorrectiveaction(PCA)toensurethattheCityisgiventheopportunitytoresolvethedeficienciesinatimelymanner.AdeadlineofMay16,2019waslistedintheletterfortheCitytoinstallbridgeweightlimitsfortheWilliamsAvenueBridgeandHouserWayBridge.TheFederalHighwayAdministration(FHWA)hasrequiredallbridgeownerstoperformbridgeloadratingsusingnewtruckconfigurations.TheCityhadaconsultantperformareviewofCitybridgesforcompliancewithFHWAdirectives.NewloadratingswererequiredforandperformedontheWilliamsAvenueBridge,HouserWayBridgeandNileAvenueNEBridge.ThefirstcategoryofnewtruckconfigurationisdesignatedSingleUnitVehicles(SUVs).Forthesevehicles,thecargocarryingcapabilityofthevehicleisintegraltothebodyofthevehicleandthenumberofaxlesvariesfrom4to7.Examplesofthistypeofvehicleincludeconcretetrucksanddumptrucks.ThefollowingtablesummarizesthebridgeweightlimitsforSUVsrequiredfortheWilliamsAvenueBridgeandNileAvenueNEBridgebasedontheloadratingsperformed.AGENDA ITEM #5. a)
DonPersson,CouncilPresidentPage2of4May6,2019WilliamsAvenueNileAvenueNEVehicleWeightBridgeWeightLimitsBridgeWeightLimitsVehicleType(Tons)(Tons)(Tons)SU42725NoneSU53127295U634.753033SU738.753436ThesecondcategoryofnewtruckconfigurationisdesignatedemergencyvehiclesfEVs).Examplesofthistypeofvehicleincludefiretrucksandladdertrucks.AgenciesarerequiredtoreviewandloadratebridgesforEV5onlyifthebridgeresideswithinoneroadmilefromaninterstateon-ramporoff-ramp.TheWilliamsAvenueBridgeandHouserWayBridgequalifyunderthiscriteria.ThefollowingtablesummarizesthebridgeweightlimitsforEVsrequiredfortheWilliamsAvenueBridgeandHouserWayBridgebasedontheloadratingsperformed.WilliamsAvenueHouserWayVehicleWeightBridgeWeightLimitsBridgeWeightLimitsVehicleType(Tons)(Tons)(Tons)EV2—SingleAxle16.75(peraxle)14(peraxle)17(peraxle)EV3—TandemAxle31(peraxle)19(peraxle)24(peraxle)EV2—GVW28.75(GVW)24(GVW)34(GVW)EV3—GVW43(GVW)24(GVW)34(GVW)Note:GVW=GrossVehicleWeightTheRentonRegionalFireAuthority(RRFA)hasprovidedtheCitywithaxleloadratingsandgrossvehicleweightsandratingsforthefiretrucksstationedatFireStation11.Basedonthisinformation,thescaleweightandvehicleratingfortheladdertruckexceedstheweightlimitsfortheWilliamsAvenueBridge.OnlythevehicleratingfortheladdertruckexceedstheweightlimitsfortheHouserWayBridge.Iftheweightofthevehicleremainsatorbelowthescaleweightlistedonthevehicletitle,thentheladdertruckdoesnotexceedtheweightlimitsfortheHouserWayBridge.OnMay2,2019theRRFAwasinformedofthisinformation.Thebridgeweightlimitswillincludesignsthatsay“ExemptionsByPermitOnly”.ThiswillallowtheCitytoissuepermitsforspecificvehicles(weightsandaxleconfigurations)thatexceedtheweightlimits,onlyifastructuralanalysisdeterminesthatthesespecificvehiclesaresafetousethesebridges.Iftheyarenot,thenthesevehicleswillneedtousealternateroutes.h:\division.s\transpor.tat\admin\kelseymarshall\memorandum&contracts\bridgeweightlimit\pwmemotocouncilviamayorbridgeweightrestrictions(rev5-2-19).docxAGENDA ITEM #5. a)
DonPersson,CouncilPresidentPage3of4May6,2019TheCityhasreceivedgrantfundingforBronsonWayBridgefWSDOT),HouserWayBridge(FHWA)andWilliamsAvenueBridge(FHWA)topaintthesteelspansandperformaseismicanalysisandretrofit(asneeded).TransportationintendstostrengthentheHouserWayBridgeandWilliamsAvenueBridgeaspartoftheseprojectsinordertoeliminatebridgeweightlimits.ThismayrequireadditionalCityfunding.Thetimingforconstructionoftheseprojectsislikelysummer2021forBronsonWayBridge,summer2022forHouserWayBridgeandsummer2023forWilliamsAvenueBridge.AllthreewillrequireHydraulicProjectApprovalfHPA)fromtheWashingtonStateDepartmentofFishandWildlife(WDFW)andasaresulttheworkwillberestrictedtoafishwindow(likelyJunethroughAugust).TransportationanticipatesfullbridgeclosureswillbenecessarytoperformtheworkontheWilliamsAveBridgeandHouserWayBridge.Apartialbridgeclosure(lanerestrictions)isanticipatedfortheworkontheBronsonWayBridge.IfanyoftheworkfortheBronsonWayBridgerequiresafullbridgeclosure,Transportationanticipatesperformingthatworkatnight.WhilenotpresentlyeligibleforFHWAgrantfundingforreplacement,theTransportationSystemsDivisionisplanningtoconductatype,sizeandlocationstudyforthereplacementoftheNileAveNEBridgein2020/2021.AttachedtothismemoisabriefsummaryoftheWilliamsAvenueBridge,HouserWayBridgeandNileAveNEBridge.Eachsummaryincludestheyearthebridgewasbuilt,location,typeofstructure,lastinspectiondate,inspectionfrequency,photos,etc.h:\division.s\transpor.tat\admin\kelseymarshall\memorandum&contracts\bridgeweightlimit\pwmemotocouncilviamayor-bridgeweightrestrictions(rev5-2-19).docxAGENDA ITEM #5. a)
DonPersson,CouncilPresidentPage4of4May6,2019ThefollowingtablesummarizestheactionsthatTransportationisplanningtotakeoverthecomingmonths.ItemNo.ActionTimeframe1InstallBridgeWeightLimitsignsforWilliamsAvenueMay8,2019Bridge,HouserWayBridge,andNileAveNEBridge.2Provideevidence(photos)ofsigninstallationtoWSDOT.May9,20193UpdatebridgeinspectionreportdatabaseforeachbridgeMay10,2019tosatisfyFHWArequirements.WSDOTwillperformthistaskfortheCity.ThisactionwillbringtheCityintofullcompliancewiththeFHWAregulations.4DeterminealternaterouteswiththeRRFAfortheMay2019WilliamsAvenueBridgeandHouserWayBridge.5PerformstructuralanalysisonWilliamsAvenueBridgeMay-July2019usingRRFAladdertruckconfigurationandweight.Ifsafetousethebridge,apermitwillbeissued.6PerformstructuralanalysisonHouserWayBridgeusingMay-July2019laddertruckconfigurationandweight.Ifsafetousethebridge,apermitwillbeissued.cc:RobertHarrison,ChiefAdministrativeOfficerJasonSeth,CityClerkMeganGregor,DeputyCityClerkAprilAlexander,ExecutiveAssistantJuliaMedzegian,CouncilLiaisonh:\division.s\transpor.tat\admin\kelseymarshall\memorandum&contracts\bridgeweightlimit\pwmemotocouncilviamayor-bridgeweightrestrictions(rev5-2-19).docxAGENDA ITEM #5. a)
BRIDGENAME:BRIDGENUMBER:STRUCTUREID:FACILITYCARRIED:NUMBEROFLANES:CROSSESOVER:ADT:TRUCK%ADT:YEARBUILT:HOUSERWAYRENTON-0508584300HOUSERWAYS2CEDARRIVER11,315(JUNE2015)9%(JUNE2015)1960BRIDGELENGTH:NUMBEROFSPANS:SUPERSTRUCTURE:NUMBEROFPIERS:SUBSTRUCTURE:DESIGNTRUCK:LASTINSPECTION:INSPECTIONFREQUENCY:FRACTURECRITICAL:SCOURCRITICAL:LOADRESTRICTED:STRUCTURALLYDEFICIENT:FUNCTIONALLYOBSOLETE:SUPERSTRUCTURERATING:SUBERSTRUCTURERATING:141FEETSPREADFOOTING(MAINSPANPIERS),STEELPILES(ABUTMENTS).HS15-44(TRUCKW/SEMI-TRAILER,3AXLES),TOTALWEIGHT=27TONS(54,000LBS.)SEPT.201824MONTHSNONOYESNOYES5(FAIRCONDITION—ALLPRIMARYSTRUCTURALELEMENTSARESOUNDBUTMAYHAVEMINORSECTIONLOSS,CRACKING,SPALLINGORSCOUR)5(FAIRCONDITION—ALLPRIMARYSTRUCTURALELEMENTSARESOUNDBUTMAYHAVEMINORSECTIONLOSS,CRACKING,SPALLINGORSCOUR)34STEELPLATEGIRDERS(MAINSPAN),REINE.CONC.BEAMS(APPROACHES)SUFFICIENCYRATING:51.61AGENDA ITEM #5. a)
BRIDGENAME:BRIDGENUMBER:STRUCTUREID:FACILITYCARRIED:NUMBEROFLANES:CROSSESOVER:ADI:TRUCK%ADT:YEARBUILT:BRIDGELENGTH:NUMBEROFSPANS:SUPERSTRUCTURE:NUMBEROFPIERS:SUBSTRUCTURE:DESIGNTRUCK:LASTINSPECTION:INSPECTIONFREQUENCY:FRACTURECRITICAL:SCOURCRITICAL:LOADRESTRICTED:STRUCTURALLYDEFICIENT:FUNCTIONALLYOBSOLETE:SUPERSTRUCTURERATING:SUBERSTRUCTURERATING:NILEAVENERENTON-3507979100NILEAVENE2MAYCREEK3,708(JUNE2015)31%(JUNE2015)1951(ANNEXED2009)20FEET1REINF.CONC.CHANNELBEAMS2TIMBERPILES(ABUTMENTS)H15-44(TRUCK,2AXLES),TOTALWEIGHT=15TONS(30,000LBS.)JUNE201724MONTHSNONOYESNOYES5(FAIRCONDITION—ALLPRIMARYSTRUCTURALELEMENTSARESOUNDBUTMAYHAVEMINORSECTIONLOSS,CRACKING,SPALLINGORSCOUR)5(FAIRCONDITION—ALLPRIMARYSTRUCTURALELEMENTSARESOUNDBUTMAYHAVEMINORSECTIONLOSS,CRACKING,SPALLINGORSCOUR)SUFFICIENCYRATING:38.69AGENDA ITEM #5. a)
BRIDGENAME:BRIDGENUMBER:STRUCTUREID:FACILITYCARRIED:NUMBEROFLANES:CROSSESOVER:ADT:TRUCK%ADT:YEARBUILT:BRIDGELENGTH:NUMBEROFSPANS:SUPERSTRUCTURE:NUMBEROFPIERS:SUBSTRUCTURE:DESIGNTRUCK:23LASTINSPECTION:INSPECTIONFREQUENCY:FRACTURECRITICAL:SCOURCRITICAL:LOADRESTRICTED:STRUCTURALLYDEFICIENT:FUNCTIONALLYOBSOLETE:SUPERSTRUCTURERATING:JUNE201724MONTHSYESNOYESNOYESWILLIAMSAVENUERENTON-0308526300WILLIAMSAVENUESCEDARRIVER1,528(JUNE2015)21%(JUNE2015)1954156FEETSTEELPLATEGIRDERS(MAINSPAN),REINF.CONC.BEAMS(APPROACHES)4TIMBERPILES(MAINSPANPIERS),STEELPILES(ABUTMENTS)HS15-44(TRUCKW/SEMI-TRAILER,3AXLES),TOTALWEIGHT=27TONS(54,000LBS.)SUBERSIRUCTURERATING:S(FAIRCONDITION—ALLPRIMARYSTRUCTURALELEMENTSARESOUNDBUTMAYHAVEMINORSECTIONLOSS,CRACKING,SPALLINGORSCOUR)6(SATISFACTORYCONDITION—STRUCTURALELEMENTSSHOWSOMEMINORDETERIORATION)SUFFICIENCYRATING:45.80AGENDA ITEM #5. a)