HomeMy WebLinkAboutAgenda Packet for 7/13/2015 1��~CITY OF +
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AGENDA
City Council Regular Meeting
7:00 PM-Monday,luly 13,2015
Council Chambers, 7th Floor,City Hall—1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
4. SPECIAL PRESENTATION
a) Valley Communications Update
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• The first comment period is limited to 30 minutes.
• The second comment period, later on the agenda, is unlimited in duration.
• When recognized, please state your name&city of residence for the record.
NOTICE to all participants: pursuant to state law,RCW 42.17A.555,campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting,is PROHIBITED.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review,and
the recommended actions will be accepted in a single motion.Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council meeting minutes of 7/6/2015.
Council Concur
b) City Clerk submits petition for street vacation of an alley adjoining 555 SW Grady
Way between Seneca Ave SW&Lind Ave SW; petitioner Dale Walker(VAC-15-
002).(See item 9.a.for resolutionJ .
Set public hearing on 8/3/2015; Refer to Administration
c) Community& Economic Development Department requests authorization to hire
a Mapping Supervisor at Step E of Grade a29 salary scale.
Council Concur
d) Community& Economic Development Department recommends adoption of an
ordinance granting a 10-year franchise agreement with Astound Broadband, LLC
to provide high-speed internet,cable and telephone services in the City of
Renton.(See item 9.c.for ordinanceJ
Council Concur
e) Community Services Department recommends approval of a 63.5 month lease
with Attorney and Notary Supply of Washington, Inc.for use of Suite 400 at the
200 Mill Building. Revenue generated is$171,11236 over the duration of the
lease.
Refer to Finance Committee
� Community Services Department recommends adopting a resolution to authorize
acceptance of grant funding in the amount of$174,000 from King County;
execute Amendment K to the related Interlocal Cooperation Agreement for Open
Space Acquisition Projects;and reallocate grant funds to the 2007 King County
Proposition 2 Levy Fund.
Refer to Finance Committee
g) Community Services Department recommends adopting an ordinance to amend
the existing Park Rules and Regulations. (See item 9.b.for ordinanceJ
Council Concur
h) Finance Department recommends approval of the 2015 second quarter
2015/2016 Biennial Budget amendments, increasing appropriations by
$16,865,306,with the total amended budget to be$569,702,499 for the
biennium.
Refer to Finance Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Councit committees during the past week. Those topics
marked with an asterisk(*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Community Services Committee:2015 Take a Warrior Fishing Event Fee Waiver
Request; 2015 C.A.S.T.for Kids Fishing Event Fee Waiver Request
9. RESOLUTIONS AND ORDINANCES
Resolution:
a) Setting Public Hearing on 8/3/2015 for Walker street vacation petition
(See item 7.b.)
' Ordinance for first reading:
b) Amending the Park Rules and Regulations(See item 7.g.J
Ordinance first reading and advancement to second and final reading:
c) Granting a 10-year franchise agreement with Astound Broadband, LLC
(See item 7.d.)
10. NEW BUSINESS
(Includes Council Committee agenda topics;visit rentonwa.gov/cityclerk for more I
information.) '
11. AUDIENCE COMMENTS, cont.
12. EXECUTIVE SESSION
Labor Negotiations-RCW 42.30.140(4)(b)&Potential Property
Acquisition-RCW 42.30.110(1)(b)-approximately 40 minutes
13. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
July 13, 2015
Monday, 6:00 p.m.
Economic Development Update; Regional Issues
, Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CIN COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online,please visit rentonwa.gov/councilmeetings
AGENDA ITEM #7. a
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MINUTES
City Council Regular Meeting
7:00 PM-Monday,July 6,2015
Council Chambers, 7th Floor, City Hall—1055 5.Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
' Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
Randy Corman
Greg Taylor
Armondo Pavone
Ruth Perez
Don Persson
Marcy Palmer
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington,Chief Administrative Officer
Zanetta Fontes,Senior Assistant City Attorney
Megan Gregor, Deputy City Clerk
Chip Vincent,Community& Economic Development Administrator
Deputy Chief Erik Wallgren, Fire&Emergency Services Department
Commander Katie McClincy, Police Department
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
• Renton History Museum has been awarded a 4Culture Cultural Equipment grant of$1,900
for the purchase of a new projector, laptop,screen, and sound system for their many
programs.
July 6, 2015 REGULAR COUNCIL MEETING MINUTES 1
AGENDA ITEM #7, a)
• The Public Works Department has received a$675,000 water quality grant from the
Department of Ecology to fund the Harrington Ave. NE Green Connections Stormwater
Retrofit Project.This project is part of the large-scale Sunset Area Redevelopment Project.
The grant will be supplemented with matching city funds.
� Sound Transit is preparing for possible expansion of routes.Visit www.soundtransit.org
and take the"Where do you want to go next?"survey.This survey will be available until
July 8th.
• On Tues.,July 7, 2015 the Renton Farmers Market will launch a new program to increase
availability of healthy, local foods for everyone in our community. Beginning Tuesday,
people utilizing the Supplemental Nutrition Assistance Program (also known as SNAP)can
use their EBT card at the market.Visit the Market Manager booth at the market to learn
more and get started shopping.
• LaCrosse Homeowners Association will host their annual picnic,this Wed.,July 8th in their
neighborhood common area, located at the corner of 35th and Monterey Ct. N.E.;
Maplewood Estates Homeowners Association will host their annual picnic this Thurs.,July
9th, in their common area, located at Orcas&SE 2nd St.; Residents are encouraged to
bring their favorite food dish to share with others and attend the picnic to get to know
their immediate and surrounding neighbors and meet city representatives.All picnics
start at 530 p.m.
• Preventative street maintenance,traffic impact projects, and road closures will continue
to happen throughout the city.
Mayor Law added that the Return to Renton Benefit Car,Truck and Motorcycle Show will be
happening again this weekend on luty 12, 2015 at Piazza Park. He also thanked City
employees from the Fire, Police and Community Services Departments for their contribution
in making the July 4th holiday celebration a success.
AUDIENCE COMMENT
• Howard McOmber(Renton)spoke to Councit on behalf of REACH (Meal Coalition)
regarding the lack of space to serve food to the homeless on the summer mornings that
their normal location is booked. Mr. McOmber requested to be contacted if Council,or
anyone watching the meeting, knows of space availability for REACH to continue their
service. He also thanked Council and the City of Renton for supporting charitable
volunteer work throughout the City.
• Dan Del Duca (Seattle) requested clarification on a memo he received from staff regarding
the proposed resolution at tonight's meeting to repeal the moratorium on residential
development in the RMF(Residential Multi-Family)Zones,and retain the moratorium on
residential development in the CA(Commercial Arterial)Zones. Community& Economic
Development Administrator Chip Vincent provided clarification regarding the purpose of
tonight's proposed resolution.
However, Mr. Del Duca specified that his concerns had arisen because his employer
bought a piece of property on Puget Dr.,a CA zoned area, intended for residential
development. His employer began development on the property but was then notified
that a moratorium on development in the CA zone was enacted, preventing future
development. He further explained that Council's plan to continue a moratorium on
July 6, 2015 REGULAR COUNCIL MEETING MINUTES 2
AGENDA ITEM #7, a)
residential development in the CA zones will prevent his employer from being able to
move forward with their building project.
Mr.Vincent explained that the City is moving through the process to remove the
moratorium as quickly as possible.The administration believes the moratorium will be
removed within a couple of months. A solution will be brought before the Planning
Commission and Council Committees to ensure that Council is able to make the most
informed decision about appropriate density within the CA zones. Mr. Del Duca was asked
to follow up with Mr.Vincent to find a reasonabfe solution to his problem.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion,following the listing.
a) Approval of Council meeting minutes of 6/22/2015. Council Concur.
b) Community Services Department submitted CAG-14-128, Renton Senior Activity Center
Parking Lot Lighting;and requested approval of the project,commencement of a 60-day lien
period, and release of retainage in the amount of$6,335.87 to Transportation Systems, Inc.,
contractor, if all required releases are obtained.Council Concur.
c) Community Services Department requested approval to waive facilities fees in the amount of
$20,000 for the 30th Annual IKEA Renton River Days Community Festival on July 23-26, 2015.
Council Concur.
d) Community Services Department recommended approval of an interlocal grant agreement
with King Conservation District to accept$10,500 for the Renton Farmers Market.Council
Concur.
e) Transportation Systems Division requested approval of an annual lease increase for two
parcels at the Airport, LAG 001-88: Leasee Bruce 1 Leven,from $86,224 to$100,854, effective
June 1, 2015 through December 31, 2019.Council Concur.
fl Transportation Systems Division submitted CAG 13-015,Taxiway Bravo Rehabilitation South
Portion Project,contractor ICON Materials; and requested acceptance of the project, closeout
be initiated,and release of the retainage bond of$348,287.56,after all required releases are
obtained.Council Concur.
g) Utility Systems Division recommended approving the Job Order Contract(JOC)Work Order
with Forma Construction Company(CAG-13-149), in the amount of$167,581.35,to install
upgrades to the Water Telemetry SCADA System Upgrade 2015-2016 project. Council Concur.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers
338734-339514,four wire transfers and two payroll runs with benefit withholding payments
totaling$12,284,217.40 and payroll vouchers including 1,511 direct deposits and 196 payroll
checks totaling$3,230,310.58.
MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
July 6, 2015 REGULAR COUNCIL MEETING MINUTES 3
AGENDA ITEM #7, a)
RESOLUTIONS AND ORDINANCES
Resolution: The following resoluiion was presented for reading and adoption.
a) Resolution No.4256:A resolution was read amending the moratorium on accepting
applications for residential development within the CA(Commercial Arterial)and RMF
(Residential Multi-Family) zones,except within the City Center Community Area and for
previously approved and valid land use applications, by rescinding the moratorium as it
relates to the RMF zone.
MOVED BY CORMAN,SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS
PRESENTED. CARRIED.
NEW BUSINE55
See attached Council Committee meeting calendar.
MOVED BY PERSSON,SECONDED BY PRINCE, COUNCIL REFER A BRIEFING REGARDING
REQUIRED LANDSCAPE AND MAINTNANCE ISSUES,AS WELL AS ISSUES REGARDING
THE CLEANLINESS OF THE CITY,TO THE COMMITTEE OF THE WHOLE. CARRIED.
ADJOURNMENT
MOVED BY CORMAN,SECONDED BY PERSSON, COUNCIL ADIOURN. CARRIED.
Time 7:23 p.m.
Jason A. Seth,CMC,City Clerk
Megan Gregor, Recorder
Monday,luly 6, 2015
July 6,2015 REGULAR COUNCIL MEETING MINUTES 4
AGENDA ITEM #7. b)
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SUBJECT/TITLE: Street Vacation Request,Alley adjoining 555 SW Grady Way between
Seneca Ave SW& Lind Ave SW; Petitioner:Walker(VAC-15-002)
RECOMMENDED ACTION: Refer to Administration
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
. • .
Expenditure Required: ����t�A�`� Transfer Am�ndment:' $N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
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�Tatal Pro eci Budget: ' ��'A;:.<�i:`-:; -�C� �'F�are:T.ota't Pro'�ct:t,..;:ti�_-:;t:$N/A .
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On May 6, 2015 a petition was submitted by James R.Tomlinson, representative for Dale Walker of D&C
Investments, LLC, 555 SW Grady Way, Renton, WA 98055, requesting vacation of the alley adjoining 555 SW
Grady Way between Seneca Ave SW and Lind Ave SW.The Community and Economic Development
Department verified the petition documents and reports that 100%of abutting property owners have signed
the petition.
:
A. Petition
B. Draft Resolution
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Adopt the resolution setting a public hearing on 8/3/2015 to consider vacating the alley adjoining 555 SW
Grady Way between Seneca Ave SW and Lind Ave SW, and refer the petition to the Administration for
determination and advisability of the vacation and need for retention of easements.
( AGENDA ITEM #7. b)
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City of Renton '
;��. PETITI4N FOR VACATION OF �
�'�'� RIGHT-OF-WAY
t'u thc No�ioraM�Ntayor und
Mlcmbzrs ofth�Cii. Council
C'il�•of Rcntnn
10>5 S.G�mly Wa�
Rcntmi.WA 98055
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Drer Mu�•or end Co�mcil A�Icmbers: �
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"SUBMIT PETITION and FILING FEE TO
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�For Cky Use. � � � .����..'—.�_"� , - —_ ._,...._ ____ _ .._. . .� '
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. ti AGENDA 1TEM #7, b)
EXHIBtT "A"
ALLEY VAC
ORDINANCE NO.
THAT PORTION OF BLOCK 27, C.D HILLMAN'S EARLINGTON GARDEN5 NO. 1 ADDITION
T(� RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF
PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 31 IN SAID BLOCK 27;
THENCE NORTHEASTERLY ALONG THE SOUTH LINE OF LOTS 31 THROUGH 17 TO ITS
INTERSECTION WITH THE WES7ERLY RIGHT-OF-WAY MARGIN OF LIND AVENUE SW;
THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY MARGIN TO ITS
INTERSECTION WITH THE NORTH LINE OF LOT 46 OF SAID BLOCK 27;
THENCE SOUTHWESTERLY ALONG THE NORTH LINE OF LOTS 46 THROUGH 32 OF
SAID BIOCK 27 TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY MARGIN
OF SENECA AVENUE SW;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY MARGIN TO THE POINT
OF BEGINNING; ��
SITUATE IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION '
19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING
COUNTY, WASHINGTON I
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A GE111DA ITEM #7, b)
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a � AGENDA ITEM #7. b)
City of Renton
Petition for Vacation of Right of Way
Platted Alley bet��een Seneca Ave SW and Lind Ave SW
Adjacent to >j� SW Grad� Wa� and 1201 Lind A�e SW
Statement of No Public Benefit
The platted alley that adjoins the properties at.i�3 SW Grady Wa��and 1201 Lind
Ave SW bet�+een Seneca Ave SW and Lind A��e SW has ne��er been opened as a
thorou hfare for ublic use. The alle� serves onl� as a local access to and through the
� p
parking lots of the hvo adjoinins properties. Allowing uncontrolled through traffic on the
platted alle� is dangerous to pedestrians using the adjoining parking areas and eliminates
the ability ofthe propert� o��ners to secure their properties after hours. The platted alley
serves no benefit to the public.
,
The platted alley runs through the middle of the �55 SV►� Grad} Way property,
��hich is the Walker's Renton Subaru dealership. Customer parking and dealership
inventory are located in the parking lot directly south of the platted alley. Pedestrian
traffic constantl� flows across the platted alle� bet��een the parking lot and the dealership
, office north ofthe alle}. Opening a tharoughfare throush the middle ofthis azea of high
pedestrian use nould pose a substantial risk to the public and ��ould serve no public
benefit.
Becausc thc platted alle} remains City propert�, Walker's Renton 5ubaru cannot
close a gate acrass the alle� after business hours and cannot adequately sccure its
propert} and automobile inventory. The dealership's property and intentory has been
subjected to vandalism due to inadequate securit}�. Without a gate, dri�ers use the
parking lot as an uncontrolled shortcut bet�veen blocks after hours. Vacating the alley
���ould allo�� the o���ners to secure their propert� after hours, protect their imentor?, and
stop the undesired use of the parking lot as an unregulated shortcut.
:
The properties in question are�vithin Auto Mall Area A of the Renton Auto Mall
District. RMC 4-3-�408.1. The platted alleys within Auto Mall Area A have been
designated for�acation as set forth on the Auto Mall Improvement Plan �1ap. Resolution
t No. 3182. RMC 9-14-5 D pro�ides financial incentives to o��ners who seek the vacation
of the alle�s in Auto 1�1a11 Area A. All street vacation fees and compensation for the
right-of=wa� ma� be ��ai�ed b, the City Council for developing properties in Auto !�1all
Improvement Area A. RMC 9-14-� D. The City has determined that the platted alleys
in this section ofthe Auto Mall District serve no public purpose and should be vacated.
Uated the � of ' . 2015
_.-----._..------->
_.---�—`" _ __._-------
.� __._------
D Inv .��. -.
estments. LLC
By Dale Walker, Managing Member
�
�" ( AGENDA ITEM #7. b)
RESULUTItJN UF AUTH+C3RITY I
STRYDER II,LLC I
Todd Clarke, being the owner af 1Q4%af the membership irnerests in Stryder II, GLC,
horeby resolves tliat Todd Clarke,as Managing Member of Stryder!l, i.LC, is authorized
to execute any and ali documents and inswments necessary to apply for and comptete
the application to the City of Renton to vacate the aUey adjoining the property st 1201 I
Lind Ave SW in Re�on,between Seneca Ave SW and Lind Ave SW. I
.
Dated ihis ''day of__���t+� ,20l 5 I
.---
-�f�sG��:�'J� I
Tadd Ctarkc I
� AGENDA ITEM #7. b) �I
RESOLUTION OF AUTHORITY
D& C INVESTMENTS,LLC
Dale Walker and Cher}I Walker, being o�vners of 100°0 ofthe membership interests in D
& C In�estments. I.LC. hereb� resolve that Dale Walker,as Managing Membcr of D&C
In�estments. LLC. is authorized to e�ecute am and all documents and instruments
necessar} to app{�� for and complete D&C Im�estments, LLC's application to the Cit} of
Renton to�acate the alle� running through the propert� at �55 SV►'Grad} Way in Renton,
bet���cen Seneca A�e SW and Lind A�e S1�1'.
Dated this��day of .2015
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AGENDA ITEM #7, b I
)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SE'tTING A HEARING
DATE TO VACATE AN ALLEY ADJOINING 555 SW GRADY WAY BETWEEN
SENECA AVENUE SW AND LIND AVENUE SW (DALE WALKER OF D&C
INVESTMEN7S, LLC, PETITIONER;VAC 15-002).
WHEREAS, a petition has been filed with the City Clerk of the City of Renton on or about
May 6, 2015, pursuant to the requirements of RCW 35.79, petitioning for the vacation of an
alley adjoining 555 SW Grady Way between Seneca Avenue SW and Lind Avenue SW, as
hereinafter more particu{arly described, and the petition was signed by the owners of more
than two-thirds (2/3j of the property abutting upon the street sought to be vacated, and same
being described in Exhibit "A", and depicted in Exhibit "B", attached hereto and made a part
hereaf as if fully set forth herein:
[An alley adjoining 555 SW Grady Way between Seneca Avenue SW and Lind
Avenue SW].
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. That the 3`d day of August, 2015, at the hour of 7:00 p.m. at the City
Council Chambers at City Hall, Renton, King County, Washington, is hereby fixed as the time and
place for a public hearing to consider the above-mentioned petition for vacating an alley
adjoining 555 SW Grady Way between Seneca Avenue SW and Lind Avenue SW, which hearing
date is not more than sixty (60) nor less than twenty (20) days from the date of passage of this
resolution.
1
AGENDA 1TEM #7, b)
RESOLUTION N0.
SECTION II. The City Clerk is hereby authorized and directed to give notice of the time
and date of this hearing as provided by RCW 35.79.020 and any and/or all persons interested
therein or objecting to this vacation may then appear and be heard, or they may file their
written objections with the City Clerk at or prior to the time of hearing on the vacation.
SECTION I11. 7he City Council shall determine, as provided by RCW 35.79.030, as to
whether an appraisal shall be secured to determine their fair market value of the property
sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation
to be paid by the Petitioner-Owners to the City for such vacation.
The City likewise reserves the right to retain an easement for public utility and related
purposes.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form: •
Lawrence J. Warren, City Attarney
RE5.1673:6/10/15:scr
2
AGENDA ITEM #7, b)
RESOLUTION NO.
EXH I BIT "A"
ALLEY VAC
ORDINANCE NO.
THAT PORTION OF BLOCK 27,C.D HtLLMAN'S EARLINGTON GARDENS NO 1 ADDITION
TO RENTON.ACCORDING TO THE PLAT THEREOF RECOROEO IN VOLUME 17 OF
PLATS, PAGE 74, RECOROS OF KING COUNTY.WASHINGTON. DESCRi$E�AS
' FOLIOWS
BEGINNING AT THE SOUTHWEST CORNER OF LOT 31 !N SAID BLOCK 27,
THENCE NORTHEASTERLY ALONG THE SOUTH LINE OF LOTS 31 THROUGN 17 TO ITS
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY MARGtN OF LIND AVENUE SW;
THENCE SOUTHERLY AIONG SAIO WESTERLY RIGHT-OF-WAY MARGIN TO ITS
INTERSECTlON WITH THE NORTN UNE OF LOT 46 OF SA1D 8L4CK 27.
THENCE SOUTHWES7ERLY ALONG THE NORTH LINE OF LOTS 46 THROUGH 32 OF
SAIO BIOCK 27 TO ITS IN7ERSECTION WITH THE EASTERLY RIGHT•OF-WAY MARGIN
OF SENECA AVENUE SW,
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY MARGIN TO THE POINT
OF BEGINNlNG.
SlTUATE IN THE SOUTHWES7 QUARTER OF THE NORTHWEST OUAR7ER OF SECTION
19. TOWNSHIP 23 N�JRTH, RANGE 5 EAST,W M , IN 7HE CITY OF REN70N, K(NG
COUNTY,WASHINGTON
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AGENDA ITEM #7. b)
RESdLUTION N0.
EXHIBIT �B� ��
ALLEY VAC �,.__._._�.�.....,—,__._.�
OROfNANCE NC?. i.._._...Y�.,.__....�._....__..,.�
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4
AGENDA ITEM #7. c)
� CITY OF
�r1tU�'1 �
. . . . .
SUBJECT/TITLE: Compensate Amanda Askren as a Mapping Supervisor at Step E of
Grade a29
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community& Economic Development
STAFF CONTACT: C. E. "Chip"Vincent, CED Administrator
EXT.: 6588
. • .
..: .�, .,-... .. .�... .. ... .. . .,,. . . ,. � ..,.. ,
_.,. _. .....
� �. ;3 ..,. . .. .. . . ... . .. . .
E�fpenditu�e h:eguirpd: $94,5�0 v:== °, 'transfer Amendment: ,;; ;$N�A
Amount Budgeted: $ 94,560 Revenue Generated: $ N/A
:�otal Pro ect 6�{,�y/}�!��j`e}. �1�.: �ez-;�;.� ��� City S�iare.'�4, '[ -�'`ect.,-e,,;;r;,#;��t/A
, ,t .� ,..'�.s . `:ACWYx,��azF+'�tr.'ty , .. ,�,,�es..._=at��w�S'fSb�'.,�.. .. . . , ., . . ,. � �s.,._.#�.1�'.13+,E. , .. . . ,
� � ' � � �
Amanda Askren is a talented professional with over five years of experience working in the public sector as a
Survey Office Supervisor for Snohomish County Public Works. Amanda holds Bachelor's degrees in both Civil
Engineering and Land Surveying Engineering from Purdue University. In addition, she holds a Professional land
Surveyor(PLS) license.Through the interview process, Amanda stood out as the best candidate for the
Mapping Supervisor position. If hired, she would bring to the City of Renton an experienced employee who
would provide quality service to the community.
Amanda will replace Robert MacOnie who retired at the end of June. Robert was budgeted at Step E for the
2015 budget year.This request for Amanda creates no additional increase in the Mapping Supervisor Salaries
and Wages line item.
:
A. Issue Paper
, � • • �� •
The Administration recommends that it be authorized by Council to compensate Amanda Askren as a Mapping
Supervisor at Step E of Grade a29 effective, August 1, 2015.
AGENDA ITEM #7, c)
DEPARTMENT OF COMMUNITY p e�� �O� �
& ECONOMIC DEVELOPMENT O
M E M O R A N D U M
DATE: July 6, 2015
T0: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: C. E. "Chip"Vincent, CED Administrator(x6588)
SUBIECT: Compensate Amanda Askren as a Mapping Supervisor at Step
E of Grade a29
ISSUE:
Should the City be authorized to compensate Amanda Askren at Step E of Grade a29, effective
August 1, 2015?
RECOMMENDATION:
The Administration recommends that it be authorized by Council to compensate Amanda
Askren as a Mapping Supervisor at Step E of Grade a29 effective, August 1, 2015.
DISCUSSION:
Amanda Askren is a talented professional with over five years of experience working in the
public sector as a Survey Office Supervisor for Snohomish County Public Works. Amanda holds
Bachelor's degrees in both Civil Engineering and Land Surveying Engineering from Purdue
University. In addition, she holds a Professional Land Surveyor(PLS) license. Through the
interview process, Amanda stood out as the best candidate for the Mapping Supervisor
position. If hired, she would bring to the City of Renton an experienced employee who would
provide quality service to the community.
Amanda will replace Robert MacOnie who retired at the end of June. Robert was budgeted at
Step E for the 2015 budget year. This request for Amanda creates no additional increase in the
Mapping Supervisor Salaries and Wages line item.
CONCLUSION:
It is our opinion that we will not be able to find an individual more suited by background, skills,
and abilities to fill this position than Amanda Askren. Therefore, we are recommending that
the City Council authorize the Administration to compensate the candidate for this position,
Amanda Askren, at Step E of Grade a29, effective August 1, 2015.
cc: Jay Covington,Chief Administrative Officer
Nancy Carlson,Human Resources&Risk Management Administrator
Iwen Wang,Administrative Services Administretor
AGENDA ITEM #7, d)
,. �
ciTY aF
-�...�..r�����M �
�����
� � • • �
SUBJECT/TITLE: Astound Broadband, LLC D/B/A Wave Franchise Agreement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community& Economic Development
STAFF CONTACT: Jennifer Henning, Planning Director
EXT.: 7286
. •.
Expenditure Required: $�NjA' Transfer Ar»endment: , $N/A f
Amount Budgeted: $ N/A n� Revenue Generated: $ N/A
,7'ntat P�ojecte��dget: NIA.::„�� �,:i ;R,. �i Share� tait. ect., ,�: ���I/�A
. .
.
: ..
<...., .-� � �.,:u� ... �,,,�+�z::�.-'a�,'r� :f,,...=u;�.m'u �%�,,.'�`�;;Y:`;:d,. ,,. „ . .. . . .s,��sa<��ti�ure W� , .,, , �Y�...,.;�.. ...... �, ,. .
� � � � �
Astound Broadband, LLC("Astound") provides high-speed internet, cable and telephone services. Astound has
requested a franchise agreement with the City of Renton in order to provide broadband internet and
telephone services.A separate franchise would be pursued if Astound seeks to provide cable services in the
future.The franchise being sought with City of Renton would allow for the installation of communication
facilities, specifically fiber optic cable and related appurtenances, under, along, over, below and through, and
across public right-of-ways within the city.The use of the City rights-of-way for this private
telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for
the reduced value of the affected rights-of-way.
The franchise agreement permits Astound to construct, install and operate communications equipment,
specifically fiber optic cable and related appurtenances within and through public rights-of-way, public ways
and other ways within the City of Renton.
The length of term agreed to by the City and Astound for the proposed franchise agreement would be
effective for a period of ten (10)years. A possible 5-year renewal is allowed for via the franchise, at the City's
discretion.
The agreement is formatted to group similar items together. Sections 1-8 cover the basic franchise approval.
Sections 9-14 cover general work activities. Sections 15-24 cover basic legal concerns. Sections 25-27 provide
for final franchise adoption.
.
.
A. Issue Paper
B. Draft Ordinance
� ' • �� •
Staff recommends that the Council should authorize the Mayor and City Clerk to enter into a franchise
agreement with Astound Broadband, LLC as a purveyor of broadband telecommunications services within the
City of Renton.
AGENDA 1TEM #7, d)
COMMUNITY& ECONOMIC �
DEVELOPMENT DEPARTMENT D Q��O� �
M E M O R A N D U M
DATE: July 13, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: C.E. "Chip"Vincent, CED Administrator
STAFF CONTACT: Jennifer Henning, Planning Director(x7286)
SUBJECT: Astound Broadband, LLC D/B/A Wave Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Astound Broadband, LLC?
RECOMMENDATION:
Staff recommends that the Council should authorize the Mayor and City Clerk to enter
into a franchise agreement with Astound Broadband, LLC as a purveyor of broadband
tetecommunications services within the City of Renton.
BACKGROUND SUMMARY:
Astound Broadband, LLC ("Astound") provides high-speed internet, cable and telephone
services. Astound has requested a franchise agreement with the City of Renton in order
to provide broadband internet and telephone services. A separate franchise would be
pursued if Astound seeks to provide cable services in the future. The franchise being
sought with City of Renton would allow for the installation of communication facilities,
specifically fiber optic cable and related appurtenances, under, along, over, below and
through, and across public right-of-ways within the city. The use of the City rights-of-
way for this private telecommunications system requires a franchise agreement with
the City and is subject to appropriate fees for the reduced value of the affected rights-
of-way.
AGENDA ITEM #7. d)
Ed Prince,Council President
Members of the Renton City Council
Page 2 of 3
July 13,2015
The franchise agreement permits Astound to construct, install and operate
communications equipment, specifically fiber optic cable and related appurtenances
within and through public rights-of-way, public ways and other ways within the City of
Renton.
The length of term agreed to by the City and Astound for the proposed franchise
agreement would be effective for a period of ten (10)years. A possible 5-year renewal
� is allowed for via the franchise, at the City's discretion.
The agreement is formatted to group similar items together. Sections 1-8 cover the
basic franchise approval. Sections 9-14 cover general work activities. Sections 15-24
cover basic legal concerns. Sections 25-27 provide for final franchise adoption.
OUTLINE FOR ASTOUND BROADBAND, LLC FRANCHISE AGREEMENT
1. Definitions: Provides definitions of key terms used in the agreement.
2. Purpose: Explains purpose of the cooperative agreement.
3. Privile�es Conveved: Grants basic franchise rights to Astound for a limited, non-
exclusive franchise.
4. Term: Defines length of agreement, and option to extend.
5. Recoverv of Costs: Allows City to charge an administrative fee to recover costs.
6. Assi�nment and Transfer of Franchise: Requires Council approval for transfer.
7. Compliance with Laws—Reservation of Powers and AuthoritV: Explains legal
obligations for Astound.
8. Non-exclusive Franchise: Allows Renton to grant other or further franchises.
9. Permits, Construction and Restoration: Outlines permitting, bonds, restoration and
other construction requirements.
10. Coordination and Shared Excavations: Requires reasonable efforts to coordinate
work within the franchise area.
11. Hazardous Materials: Regulates use of hazardous substances.
12. Emer�encv Work—Permit Waiver: Requires prompt response in an emergency and
defers permits to correct dangerous conditions.
13. Records of Installation: Requires as-built drawings and provision of plans for
potential improvements upon City request.
14. Under�roundin� of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
15. Relocation of Franchisee Facilities: Astound is required to relocate its facilities at its
cost when there are identified conflicts with new City streets or utilities.
16. Abandonment and Discontinuance of Franchisee's Facilities: Requires notice to the
City when use ceases or facilities are abandoned.
17.Termination, Violations, and Remedies: Describes termination of franchise,
discontinuation of operations, obligation of Franchisee, and remedies to parties.
AGENDA 1TEM #7, d)
Ed Prince,Council President
Members of the Renton City Council
Page 3 of 3
July 13,2015
18. Dispute Resolution: Provides process for alleged default as to performance.
19. Arbitration: Establishes process for arbitration, discovery, compensatory damages,
and assignment of costs.
20. Alternative Remedies: Allows for judicial relief.
21. Amendments to Franchise: Specifies process for written amendment to franchise.
22. Indemnification: Requires Franchisees to indemnify and hold-harmless the City from
third-party actions, claims, costs, etc.
23. Insurance: Requires the Franchisee to procure and maintain insurance for the
duration of the Franchise.
24. Discrimination Prohibited: Provides standard language now included on all franchise
agreements.
25. Notice: Outlines noticing procedures and contact information.
26. Miscellaneous: Minor clarifications, including stating that franchise requirements
apply to Astound, its successors and contractors.
27. Effective Date: Franchise becomes effective five days after legal publication.
Astound Broadband, LLC must file its written acceptance of this franchise with the City
Clerk within 60 days after approval by the mayor in order to ctaim any right or benefit
under this franchise agreement.
cc: Mark Peterson,Fire Chief&Fire and Emergency Services Administrator
Chip Vincent,Community&Economic Development Administrator
Gregg Zimmerman,Public Works Administrator
lys Hornsby,Utility Systems Director
Vicki Grover,Acting Development Engineering Manager
Pat Miller Construction Inspector Supervisor
AGENDA ITEM #7, d)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
ASTOUND BROADBAND, LLC, D/B/A WAVE, AUTHORIZED TO DO BUSINESS
WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER,ALONG, OVER, BELOW,THROUGH AND ACROSS THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT-OF-WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized, and
words in the singular include the plural. Undefined words shall be given their common and
ordinary meaning.
1.1 Administrator: Means the Administrator of Renton's Public Works Department
or designee, or any successor office responsible for management of Renton's public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair,and restore existing pipeline(s) and/or Facilities.
1
A GENDA I TEM #7, d)
ORDINANCE N0.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys'
fees.
1.4 �: Means calendar day(s) unless otherwise specified.
1.5 Facilitv or Facilities: Means, collectively or individually, any and all fiber optic
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over,through, or
underground. Facilities do not include new utility and/or antenna po�es for overhead lines,
wires, cables and/or antenna, or any noise-creating equipment.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights-of-Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city-owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
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AGENDA ITEM #7. d)
ORDINANCE NO.
1.8 Franchisee: Means Astound Broadband, LLC, authorized to do business within
the State of Washington, and its respective successors and assigns, and when appropriate
agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated
under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the
Comprehensive Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water
Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide,
Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act,
RCW Chapter 70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as
they exist or may be amended; or any other Laws. The term "Hazardous Substance" sha�l also
be interpreted to include any substance which, after release into the environment, will or may
reasonably be anticipated to cause death, disease, injury, illness, abnormalities, behavioral
abnormalities, stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities
General — Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service —
' 3
AGENDA 1TEM #7. d)
ORDINANCE N0.
Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and Astound Broadband, LLC.
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton's present and/or future control and/or jurisdictional boundaries.
1.13 Public Wavs: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights-of-Way for motor
vehicles or any other uses under Renton's control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (lurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.14 Ri�hts-of-Wav: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.Tariff: Has the meaning provided in WAC 480-80-030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
4
A GENDA I TEM #7, d)
ORDINANCE NO.
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480-80. (WAC 480-120-026 (Tariffs)).
1.15 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.16 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee's request.
SECTION II: Purpose
2.1 Authoritv: Under RCW 35A.47.040, Renton's City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating
to Franchisee's use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public's best interests after this ordinance becomes effective. This
Franchise is granted subject to Renton's land use authority, public highway authority, police
powers, franchise authority, and any other case law, statutory or inherent authority, and is
conditioned upon the terms and conditions provided in this Franchise, and Franchisee's
compliance with all Laws.
2.3 Risk and Liabilitv: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority to
grant other or further franchises in any Rights-of-Way and any Franchise Area. This and other
franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or
5
AGENDA ITEM #7, d)
ORDINANCE N0.
affect its jurisdiction over them or any part of them, and Renton retains absolute authority to
make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as Renton may see fit, including the dedication, establishment,
maintenance and improvement of all new or existing Rights-of-Way, Public Property or Public
Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5-19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right-of way), and 80.36.040 (Use of
road, street, and railroad right-of way—When consent of city necessary), and any related laws,
Renton grants to Franchisee, a Washington limited liability company, and its successors and
assigns (subject to and as provided for in Section 6, Assignment and Transfer of Franchise),
under this Franchise's terms and conditions, the privilege to install, construct, operate,
maintain and improve its Facilities, together with all necessary equipment and appurtenances,
for the provision of telecommunications, private line, and internet access services, within the
existing Franchise Area, such lands being more particularly described in Attachment 1 which is
attached and fully incorporated by reference into the Franchise. Without a separate franchise
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AGENDA ITEM #7. d)
ORDINANCE NO.
agreement, Franchisee shall not have the privilege to provide cable services in the City of
Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the
Franchise Area. This privilege shall not limit Renton's police powers, any statutory or inherent
authority,jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning or land use
authority. The terms and conditions of this Franchise shall not be construed to apply to
Facilities located outside of the Franchise Area. This Franchise does not confer upon Franchisee
any privilege to install or use any Facilities outside the Franchise Area, including city-owned or
leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
, Franchise Area for purposes other than for telecommunications, private line, and internet
access services. The Franchisee may use its Facilities' excess capacity, however, Franchisee
c within the Franchise Area.
, ma not use, conve , lease or share excess spa e
Y Y
3.4 Franchise is Non-Exclusive: As detailed in Section 8, below, Renton grants this
non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a tele hone business and service rovider(as those terms are used in RCW 35.21.860).
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3.5 Acknowled�ement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
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AGENDA /TEM #l. d}
ORDINANCE NtJ.
believes that the same are consistent with ail Laws. If in the future Franchisee becomes aware I
that a provision of this Franchise may be unlawful or invalid, it will not use such potential I
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise I
Rentan of the potentia! invalidity or illegality, and the Parties wil! meet within thirty (30) days
and endeavor jointly ta amend this Franchise ta cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee speci#ically agrees to comply with the
provisions af any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise eonstitute a valid and enforceable contract between the Parties,
subject to any laws.
3.7 Existin� Facilities Dutside Franchise Area: Existing Facilities installed or
mainta'rned by Franchisee in accordance with prior franchise agreements an pubHc grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise} may be maintained, repaired and operated by Franchisee at the iocation where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
hawever, that na such Faciiities may be enlarged, impraved or expanded withaut Renton's prior j
review, written consent, and apprava) pursuant to the provisions of any applicable Laws. I
SECTION IV: Term I
4.1 Len�th of Term: Each of the provisions of this Franchise shall become effective j
upon Franchisee`s acceptance of the terms and conditions of this Franchise and the City
Council's passage af this ordinance, and shall remain in effect for ten (10) years, unless it is I
terminated pursuant to Section XIII, Termination, Vialations, and Remedies. At any time not I
more than two (2� years nor less than one-hundred and eighty {1$0) days before the expiration I
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AGENDA ITEM #7. d)
ORDINANCE N0.
of the Franchise Term, Franchisee may make a written request and Renton may consider, at its
sole discretion, renewing this Franchise for an additional five (5) year renewal period, unless
either party expresses its intention in writing to terminate this Franchise at the conclusion of
the ten (10) year term.
� 4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City
Attorney Department, for review or inspection of activities undertaken through the authority
granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate of salary, including applicable
overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual
cost basis.
5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
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AGENDA ITEM #7, d)
ORDINANCE N0.
Renton may impose a utility tax on Franchisee consistent with the utitity tax imposed on other
similarly situated telephone businesses or service providers.
5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under laws.
5.6. Emer�encv Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty-five (45)
days of Renton's submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by
Renton in planning, constructing, installing, repairing, altering, or maintaining any city facility II
due to the presence in the Public Way of Franchisee's Facilities. �
SECTION VI: Assignment and Transfer of Franchise ,
6.1 Assi�nment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit ��
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton's rights to subsequent�y enforce Franchise related non-compliance
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AGENDA ITEM #7. d)
ORDINANCE NO.
issues that existed at or before Renton's consent. Any telecommunications assignee or
transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file
written notice of the assignment or transfer with Renton, together with its written acceptance
of all of�the Franchise terms and conditions. The Franchise terms and conditions shall be
binding upon the Parties' respective assigns and successors. Notwithstanding the foregoing,
Franchisee may pledge the Franchise for security purposes only with the City Council's consent,
and consent shall be required for Franchisee to transfer the Franchise or Facilities to a creditor.
The rights of any transferee are subject at all times to the terms and conditions of this
Franchise, and no transferee will have any greater rights under this Franchise than the rights of
Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent,
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
SECTION VII: Compliance with Laws- Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2. Incorporation of RMC 5-19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
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AGENDA ITEM #7, d)
ORDINANCE N0.
7.3. le�itimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given
issue is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee's actions related to a specific Franchise
issue.
SECTION VIII: Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee's
use and placement of its Facilities in any Rights-of-Way and/or any Franchise Area.
8.2 Renton's Use of Franchise Area: This Franchise shall•not prevent, prohibit, limit
or affect Renton's use of the Franchise Area, consistent with this Franchise; or Renton's
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits,Construction and Restoration
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AGENDA /TEM #7. d)
ORDINANCE NO.
9.1 Free Passa�e of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee's Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the "Plans." The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as-built
plans and, when available, digital facility location data in a format compatible with Renton's
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shatl further inform Renton
of any time or date that Franchisee is performing Work within the Franchise Area to allow
Renton to inspect such work.
9.3 Borin� Required: Work involving undergrounding of Franchisee's facilities within
city streets shall be accomplished through boring rather than open trenching whenever
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AGENDA ITEM #7. d)
ORDINANCE N0.
reasonably feasible. Franchisee will CCN all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Facititv Placement: The Parties intend that the specific location of Facilities
within the Franchise Area (and similar facility-related matters of a specific nature requiring
detailed case-by-case analysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton's sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee's sole expense, to take such actions as are reasonably necessary within the
Franchise Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to
take prompt action, or if an emergency situation requires immediate action, Renton may enter
the Franchise Area and take any action necessary to protect the public, any Public Way, Public
Property, and Rights-of-Way, and Franchisee shall be liable to Renton for all costs, fees, and
expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise for a period of five (5)years.
9.6 Limits on Construction: No park, public square, golf course, street Rights-of-Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
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AGENDA 1TEM #7, d)
ORDINANCE NO.
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton's issuance of any permits, Franchisee shall,
upon the Renton's request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by Renton as sufficient to ensure performance of Franchisee's obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty-five
thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee's obligations under the Franchise, including, but not limited to,
Franchisee's payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee's performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton's bond requirements by
posting a single on-going performance bond in an amount approved by Renton.
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AGENDA /TEM #7. d)
ORDINANCE N0.
9.8 Workmanship: All Work done by Franchisee or at Franchisee's direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee's Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee's activities (including work done at
Franchisee's direction or on its behalf) shall not damage or interference with other franchises,
licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee's Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on-site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Dama�e Durin� Work: In case of any damage caused by Franchisee, or by
Franchisee's Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirement established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must
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AGENDA ITEM #7. d)
ORDINANCE NO.
repair the damage. In the event Franchisee does not make the repair as required in this section,
Renton may repair the damage,to its satisfaction, at Franchisee's sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee's
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights-of-Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton's Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration
ursuant to a licable Laws as the exist or ma be amended or su erseded, rovided that
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such provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survev Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332-120 (Survey Monuments — Removal or
Destruction), and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
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AGENDA ITEM #7, d)
ORDINANCE NO.
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton's notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee's sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton's express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee's failure to submit and adhere to Franchisee's plans and schedule in relocating or
installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
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AGENDA ITEM #7, d)
ORDINANCE NO.
Renton's request, also attend construction meetings pertaining to perFormance of Work within
the Franchise Area and shall designate a contact person to attend such meetings.
10.2 loint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the Party causing the
excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and
conditions satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise
' Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
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ractices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton's approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton's approval on each occasion such product is applied
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in accordance with such procedure. Franchisee shall notify Renton of any accident by
Franchisee involving Franchisee's use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty-four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance(s) to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee's acts or omissions, Renton's
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
be at Franchisee's sole expense. Franchisee shall be solely responsible for any expense or cost
related to environmental mitigation requirements imposed, by operation of applicable laws or
otherwise.
SECTION XII: Emergency Work-Permit Waiver
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12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee's Facilities within
the Franchise Area pose an immediately endanger the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee's immediate
action for the protection of Facilities, Renton's property or any individual's property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency
Services Department through the dispatch system of the emergency; and (2) Franchisee informs
Renton's permitting authority of the nature, location, and extent of the emergency, and the
work to be performed, prior to commencing the work if such notification is practical, or where
such prior notification is not practical, Franchisee shall notify Renton's permitting authority on
the next business day; and (3) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
12.3 Public Service Obli�ations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee's ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee's Facilities.
SECTION XIII: Records of Installation
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13.1 Future Construction Plans: Upon Renton's written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall such
plan be construed as a proposal to undertake any specific improvements within the Franchise
Area.
13.2 As-Built Drawin�s: Upon Renton's written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Desi�n Locates: Upon Renton's written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third-Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any third-party without the prior notice to Franchisee, unless the third-party is
an authorized governmental entity of any tier or a public records requestor. Renton will
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provide Franchisee with notice of any public records request for Franchisee paperwork as soon
as reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Under�roundin� Required for New Facilities: Consistent with RMC 4-6-090.0
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton's reasonable estimation for it to be done; provided that installation of wires, cables,
conduits and similar equipment will be permitted and installed pursuant to the provisions of
any applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
aboveground, Franchisee may install its Facilities above ground. Any new Facilities to be located
aboveground shall be placed on existing utility poles. No new utility poles shall be installed in
connection with placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
' arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton's
utilities, improvements and infrastructure and capital improvement projects. Whenever Renton
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undertakes (or causes to be undertaken) any public works improvement within the Franchise
Area, and such public works improvement necessitates the relocation of Franchisee's then
existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton's intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton's plans and
specifications for such public works improvement.
15.2 Franchisee Relocation P�ans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton's final plans and specifications for incorporation into Renton's
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee's relocation
costs. The relocation completion date will be included in Renton's written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused
by any construction delays to Renton's project due to Franchisee's failure to comply with
Franchisee's plans and schedule in relocating or installing Franchisee's Facilities.
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15.3 Emer�ency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee's Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee's sole expense.
15.4 Third-Partv Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee's Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third-Party to undertake work (other
than work undertaken at Renton's cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee's Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
' Franchisee in the relocation of Franchisee's Facilities.
' i n r r uirement
15.5 Third-Partv Construction of Citv Identified Prolect: An condit o o eq
Y
imposed by Renton upon any Third-Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee's Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such Third-Party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton's behalf and
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AGENDA ITEM #7, d)
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consistent with Renton's Capital Investment Plan;Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee's other Facilities shall be paid to
Franchisee by such Third-Party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee's Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton's receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
Franchisee's Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
subsection 15.1.
15.7 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
15.8 Indemnitv for Delav: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third-Party actions, claims, damages, liabilities, or
suits for delays on Renton's construction projects arising from or caused by Franchisee's failure
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to remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee's reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee's Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use.
Any plan for abandonment or removal of Franchisee's Facilities within the Franchise Area must
be first approved by the Administrator, and all necessary permits must be obtained prior to
such Work.
16.2 Removal: In the event of Franchisee's abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation of
use, remove the Facilities at Franchisee's sole expense. However, with Renton's express
written consent, Franchisee may, at Franchisee's sole cost and expense, secure the Facilities in I�I
such a manner as to cause it to be as safe as is reasonably possible, by removing all lines, i
conduits and appurtenances, in compliance with all Laws, and abandon them in place, provided I
that any aboveground Facilities shall be removed at Franchisee's sole expense. li
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to I
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre-installation
or better condition. Such restoration work shall be done at Franchisee's sole cost and expense
and to Renton's reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton
may, after reasonable notice to Franchisee, remove the Facilities, restore the premises or take
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such other action as is reasonably necessary at Franchisee's sole expense and Renton shail not
be liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive
and shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton's consent to Franchisee's
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re-secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton's sole discretion, that removal, alteration or re-securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination,Violations,and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shatl be terminated as
of the expiration date.
17.2 Termination bv Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
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within thirt 30 da s within such other reasonable eriod of time as the Parties ma a ree
Y � ) Y , P Y g
upon, Renton may terminate this Franchise,without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty(30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon
as possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
dispute resolution requirements shall not be applicable. Once Franchisee's privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Ri�ht for Action: Renton's failure to exercise a particular remedy
at any time shall not waive Renton's right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liabilitv and Obli�ation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
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17.7 Iniunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other Party fail to perform them.
17.8 Renton's Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII —XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall
provide a written response to Renton acknowledging receipt of notice and stating Franchisee's
response. Franchisee has thirty (30) days ("cure period") from the date of the notice's mailing
to:
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AGENDA ITEM #7, d)
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a. Respond to Renton, contesting Renton's assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or:
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance with
subsection 18.2.
18.2 Meetin�: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall
take place not less than ten (10) days after Franchisee's receipt of notice of the meeting. Each
Party shall appoint a representative who shall attend the meeting, represent their party's
interests, and who shall exercise good faith to reach an agreement on any alleged default
and/or any corrective action to be taken. Any dispute (including any dispute concerning the
existence of or any corrective action to be taken to cure any alleged default) that is not
resolved within ten (10) days following the conclusion of the meeting shall be referred by the
Parties' representatives in writing to the Parties' senior management for resolution. If senior
management is unable to resolve the dispute within twenty (20) days of referral (or such other
period as the Parties may agree upon), each Party may pursue resolution of the dispute through
Section XIX, Arbitration, of this Franchise. All negotiations pursuant to these procedures for the
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AGENDA ITEM #7. d)
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resolution of disputes shall be confidential and shall be treated as compromise and settlement
negotiations for purposes of the state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise's provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
Facilities (excluding project delay claims exceeding $30,000) of this Franchise (the
"Arbitration Claims"), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non-Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
18.4 Continuation of Obli�ations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
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SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discoverv: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
� default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatorv Dama�es: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre-arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
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The award rendered by the arbitrators shall be final, binding and non-appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Partv's Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party's case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator's decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs, including
attorneys' fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post-hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
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SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee
to seek or obtain judicial relief from a violation of any Franchise provision or any rule,
regulation, requirement or directive promulgated for non-Arbitration Claims. Neither the
existence of other Franchise remedies nor the use of such remedies shall bar or limit the right
of Renton or Franchisee to recover monetary damages for violations by the other Party, or to
seek and obtain judicial enforcement of the other Party's obligations by means of specific
performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any
Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented
or otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee's exercise or failure to exercise any
and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
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other document, except as expressly required by Laws and/or superseded by such
permit, approval, license, agreement or other document, the Franchise provisions shall
control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, "Renton" means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification bv Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys' and experts' fees and/or costs incurred by Renton in
its defense, arising out of or related to, directly or indirectly, to Franchisee's Work or
abandonment of Facilities, or from the existence of Franchisee's Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and any
liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any Laws, including, but not limited to, Environmental Laws, and any
action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to persons or
property which is caused by, in whole or in part, and only to the extent of, the willfully tortious
or negligent acts or omissions of Franchisee or its agents, contractors (of any tier), employees,
representatives or trainees related to Franchisee's granted Franchise privileges. If any action or
proceeding is brought against Renton by reason of Franchisee's Facilities, Franchisee shall
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AGENDA 1TEM #7, d)
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defend Renton at Franchisee's sole expense, provided that, for uninsured actions or
proceedings, defense attorneys shall be approved by Renton, which approval shall not be
unreasonably withheld. The terms of this section shall not require Franchisee to indemnify
Renton against and hold harmless Renton from claims, demands or suits based upon Renton's
negligent or willful conduct, and provided further that if the claims or suits are caused by or
result from the concurrent negligence of(a) the Franchisee's agents, officers, or employees and
(b) Renton, this provision with respect to claims or suits based upon such concurrent negligence
shall be valid and enforceable only to the extent of Franchisee's negligence or the negligence of
' Franchisee's agents or employees except as limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third-Party action, claim, cost, damage, death,
, expense, harm, injury, liability, or loss, either at law or in equity, to persons or property,
including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by
Renton, arising directly or indirectly from: (a) Franchisee's breach of any environmental laws or
Laws applicable to the Facilities, or (b) from any release of a hazardous substance on or from
the Facilities, or (c) other activity related to this Franchise by Franchisee. This indemnity
includes, but is not limited to, (a) liability for a governmental agency's costs of removal or
remedial action for Hazardous Substances; (b) damages to natural resources caused by
Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability for
any other person's costs of responding to Hazardous Substances; (d) liability for any
investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising
37
AGENDA ITEM #7. d)
ORDINANCE N0.
under any Laws; and (e) liability for personal injury, property damage, or economic loss arising
under any statutory or common-law theory or Laws.
22.4 Title 51 Waiver: Franchisee's indemnification obligations pursuant to this Section
shall include assuming potential liability for actions brought by Franchisee's own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee's exercise of the privileges set forth in this agreement. The
obligations of Franchisee under this Section have been mutually negotiated by the Parties, and
Franchisee acknowledges that Renton would not enter into this agreement without
Franchisee's waiver of immunity.To the extent required to provide this indemnification and this
indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.,...).
22.5 Real Estate Indemnitv: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.,...), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
38
AGENDA ITEM #7, d)
ORDINANCE NO.
officials, officers, officials, employees, and volunteers, and or the contractor, the party's liability
shall be only to the extent of the party's negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
,
as it pertains to Franchisee s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or
defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee's responsibility to indemnify, defend and hold harmless Renton. Franchisee's
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recoverv of Citv Costs: In the event that Renton is required to defend a "suit or
action" as referenced in subsection 22.2 and Renton is determined to be without fault for the
claim or demand giving rise to such "suit or action," Franchisee shall reimburse Renton for a
percentage of Renton's total defense costs. The percentage of Renton's total defense costs to
be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to
Franchisee for the claim or demand giving rise to such "suit or action."
39
AGENDA ITEM #7. d)
ORDINANCE N0.
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in
subsection 25.2 occurred during the Franchise term.
22.9 Ne�otiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Reauired: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
priviteges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self-insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee's
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages:
a. Commercial �eneral liabilitv insurance, including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard, underground
hazard (XCD) and products completed hazard, with limits not less than five million
dollars ($5,000,000) for each occurrence and with limits not less than five million dollars
($5,000,000) in the aggregate for bodily injury or death to each person, property
damage, or any other type of loss;
40
AGENDA 1TEM #7, d)
ORDINANCE NO.
b. Automobile liabilitv for owned, non-owned and hired vehicles with a limit of
three million dollars ($3,000,000) for each person and three million dollars ($3,000,000)
for each accident;
c. Worker's Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution le�al liabilitv shall be in effect throughout the entire Franchise term,
with a limit not less than one million dollars ($1,000,000) for each occurrence, and not
less than two million dollars ($2,000,000) in the aggregate, and not less than fifty
thousand dollars ($50,000) for environmental crisis management, to the extent such
coverage is reasonably available in the marketplace for any pollution condition or
occurrence after the effective date of this Franchise.
23.2 Claims Made Basis: If coverage is purchased on a "claims made" basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
„
(3) years from the date of termination of this Franchise and/or conversion from a claims
made" form to an "occurrence" coverage form.
23.3 Deductibles: Alt deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer's liability.
23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as respects to work performed
41
AGENDA ITEM #7, d)
ORDINANCE N0.
by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall
be indicated on the certificate of insurance or certification of self-insurance.
23.5 Primarv Insurance: Franchisee's insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee's
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall provide that: "The above described policies will not be
canceled before the expiration date, without the issuing company giving sixty (60) days prior
written notice to the certificate holder." In the event of cancellation or a decision not to renew,
Franchisee shall obtain and furnish to Renton evidence of replacement insurance policies
meeting the requirements of this section before the cancellation date.
23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self-insurance required by this section upon
acceptance of this Franchise. The certificates and endorsements shall be signed by a person
authorized by the insurer to bind coverage on its behalf and must be received and approved by
Renton prior to the commencement of any Work.
23.8 Separate Covera�e: Franchisee's insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
42
AGENDA ITEM #7, d)
ORDINANCE NO.
23.9 Self-Insurance: In addition to the foregoing insurance/self-insurance
requirements, Franchisee may also insure or self-insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton
with sufficient evidence that such self-insurance is being so maintained.
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee's
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement.
Franchisee shall comply fully with all applicable Laws that prohibit such discrimination. A copy
of this language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
43
i
AGENDA /TEM #7. d1
QRDlNANCE Nt}.
change of address is provided to the other Party. Any notice or information required or I
permitted to be given to the Parties under this Franchise may be sent to following Addresses I
unless otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
2Q55 5outh Grady Way
Renton, WA 98455
Phone: (425}430-7311
Company Address:
Astound Broadband, I.LC
401 Kirkland Parkplace,Suite 500
Kirkland,WA 9$433
Attn:Steve Weed, CEO&1im Penney, EVP
Phane: (425) 896-1891
25.2 If the date for making any payment ar performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is nat a
legal holiday. I
25.3 The Parties may change the address and representative by providing written j
notice af such change by accepted e-mail or certified-mail. Aii notices shall be deemed I
complete upon actual receipt or refusai to accept deiivery. Facsimile or a .pdf e-maiied I
transmissian of any signed original document and retransmission of any signed facsimile I
transmissian shall be the same as deiivery of an original document.
5ECTION XXVI: Miscellaneaus I
26.1 As Is: Franchisee`s agrees and accepts the Franchise Area in an "as is" candition. I
Franchisee agrees that Rentan has never made any representations, implied or express I
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee's I
44
AGENDA 1TEM #7. d)
ORDINANCE N0.
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights-of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assi�nees and Successors:This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties' respective successors and assignees.
26.3 Attornevs' Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of anv tier�: Franchisee's contractors may act on Franchisee's behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee's contractors have every obligation, dufy and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities' value, no value shall be
attributed to the right to occupy the Franchise Area.
45
AGENDA ITEM #7, d)
ORDINANCE N0.
26.7 Force Maieure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee's performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence
Franchisee shall promptly perform the affected obligations in an orderly and expedited manner
under this Franchise or procure a substitute for such obligation or performance that is
satisfacto .ry to Renton. Franchisee shall not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee's
reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism
or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and extreme weather
conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize
any delay caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions,
at the election of the Renton City Council, this Franchise may be revoked or annulled after a
hearing held upon reasonable notice to Franchisee (which notice shall be given at least thirty
(30) days before the hearing), and upon such revocation, all privileges conferred under this
Franchise shall be forfeited.
26.9 Franchisee's Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
46
AGENDA /TEM #7, d)
ORDINANCE NO.
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governin� Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Dutv bv Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee's Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a dut to the eneral ublic and not to an s ecific art , rou or entit .
Y g P Y P p Y g P Y
26.13 Notice of Tariff Chan�es: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
47
AGENDA ITEM #7, d)
ORDINANCE N0.
26.14 Other Obli�ations: This Franchise shall not alter, change or limit Franchisees
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.15 Renton's Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmentat or police powers of Renton, including
the right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the pubtic during
regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records
Act).
26.17 Section Headin�s: The Section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.18 Severabilitv: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
48
AGENDA /TEM #7. d)
ORDINANCE NO.
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to the
extent such an inference is necessary to prevent substantial injustice to an injured party.
26.20 Third-Parties:The Parties do not create any obligation or liability, or promise any
performance to, any Third-Party, nor have the Parties created any Third-Party right to enforce
this Franchise beyond what is provided for by Laws. "Third-Parties" are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third-Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by �aw, and provided it has been
duly accepted by Franchisee.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
49
_ _ __ �
AGENDA ITEM #7. d)
ORDINANCE N0.
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J.Warren, City Attorney
Date of Publication:
ORD:1870:6/24/15:scr
50
AGENDA ITEM #7, d)
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: , 2015.
Astound Broadband, LLC
By: James A. Penney
Its: EVP Business and Lega)Affairs
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Q
AGENDA ITEM #7. e)
� CtTY OF ~
�r1tCJY1 �
• • • . �
SUBJECT/TITLE: Lease with Attorney and Notary Supply of Washington, Inc.,for Suite
400 at the 200 Mill Building
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Peter Renner, Facilities Director
EXT.: 6605
. . .
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> � .
Expenditure Required:' : �.�$2i;1�3.fi2 TransferAmendment: � �N/A
Amount Budgeted: $ N/A Revenue Generated: $ 171,112.36
Total Pro'ect Bud� iet: „�f�_�::;���. C'rt`*'J;Sha're�T�it�t p,,ro ct: _ ,t:$N/A
, , ..�, . :V�m. , .bT.,.:�=��tYsSrM�no�k$fA,...,. ..-.:T. : .�.ea,'"v.,�Td-;35<d.Ss6:.c:'e., f ..:d-c aFvc;i'�,eA,'v-^r;.v�,;.F�;.,.e.» .k.._ '" "_ . . .. .
� ' • �
Attorney and Notary Supply of Washington, Inc.,wishes to lease Suite 400 at the 200 Milt Building. It was occupied until
October of 2013 by First Rate Mortgage as Suite 410.
To limit the capital required by the City for tenant improvements, the lease stipulates an allowance of
$15,000.00 for tenant improvements. The City will fund half of the allowance ($7500.00). The tenant will
provide funding for the$7500 allowance balance in exchange for an equivalent amount in abated rents. The
tenant will also be responsible for any project overages.
The brokerage fees total $13,693.62.
The term of the lease is 63.5 months.
�
A. Lease
B. Lease Renewal Addendum
C. Broker's Lease Analysis
� • • �� •
Approve lease with Attorney and Notary Supply of Washington, Inc.,for Suite 400 in the 200 Mill Building with
total revenue of$171,112.36 over a 63.5 month term.
Tenant im rovement allowance is$7,500.00 and brokerage fees are$13,693.62.
P
AGENDA /TEM#7. e)
KIDDER MATHEWS
601 UNION STREET OFFICE LEASE-GROSS
SUITE 4720
SEATTLE,WA 98101 200 MILL AVENUE BUILDING
TEL 398-2271 FAX 398-2290
This Lease is made this 14th day of June,2015 by and between The City of Renton,Washington,a
Washington municipal corporation ("Landlord"), and Attorney and Notary Supply of Washington, a
Washington corporation,("TenanY'),who agree as follows:
1. Fundamental Terms.As used in this Lease,the following capitalized terms shall have the following
meanings:
(a) "Land"means the land on which the Building is located,situated in the City of Renton,County
of King,State of Washington,which is described on Exhibit A.
(b) "Building"means the building in which the Premises are located,commonly known as the 200
Mill Avenue Building,the street address of which is 200 Mill Avenue South, Renton,Washington 98055-
3232.
(c) "Premises"means that certain space crosshatched on Exhibit B, located on the fourth floor
and Ground Floor of the Building and designated as Suite 410.
(d) "Agreed Areas" means the agreed amount of rentable square feet of space in the Building
and the Premises. Landlord and Tenant stipulate and agree for all purposes under this Lease that the
Building contains approximately 49,480 rentable square feet of space (the "Building Area") and that the
Premises contain approximately 2,024 rentabie square feet of space in Suite 410 on the fourth floor. The
total area under lease will be 2,024 rentable square feet,(the"Premises Area").The parties agree that the
Premises will be remeasured by Landlord's architect to accurately determine the number of rentable
square feet of space in the Premises,which determination shall be made in accordance with the Building
Owners and Managers Association Intemational ("BOMA") standards, namely the "Standard Method for
Measuring Floor Area in Office Buildings—American National Standard,"ANSI Z65.1-1996.Promptly after
Landlord's architect makes such determination, this Lease shall be amended to accurately reflect the
number of rentable square feet of space in the Building and the Premises as so determined. In addition,
the Minimum Monthly Rent, and TenanYs Share, shall be proportionately adjusted based on the actual
number of rentable square feet of space in the Premises as so determined. Landlord and Tenant further
agree that the Building Area may exclude portions of the Building which are used for other than office
purposes,such as areas used for retail purposes.
(e) 'TenanYs Share" means the Premises Area divided by the Building Area, expressed as a
percentage, which is Four and 09/100 (4.09%). Notwithstanding the foregoing, if one or more of the
facilities, services and utilities the costs of which are included within the definition of Operating Costs is
not furnished to one or more spaces or to particular types of spaces, then in connection with the
calculation of TenanYs Share of each of such costs the Building Area shall be reduced by the number of
rentable square feet contained in such space and TenanYs Share shall be separately computed as to
each of such costs. If the Building shall contain non-office uses during any period, Landlord shall have the
right to determine,in accordance with sound accounGng and management principles,TenanYs Share of Real
Property Taxes and Operating Costs for only the office portion of the Building;in such event,TenanPs Share
shall be based on the ratio of the rentable area of the Premises to the rentable area of such office portion for
such period.
If a portion of the Building is damaged or condemned, or any other event occurs which alters the
number of rentable square feet of space in the Premises or the Building,then Landlord shall adjust TenanYs
Share to equal the number of rentable square feet of space then existing in the Premises(as aftered by such
event)divided by the number of rentable square feet of space then existing in the Building(as aRered by such
event).
(� "Commencement Date" means July 15, 2015 or such earlier or later date as provided in
Section 4 hereof. Tenant shall have access to the Premises for fumiture,telecommunications wiring,and
equipment assembly for a period of up to 30 days prior to lease commencement at no cost to Tenant.
(g) "Expiration Date"means Odober 31,2020.
(h) 'Term"means the period of time commencing on the Commencement Date and ending on
the Expiration Date,unless sooner terminated pursuant to this Lease.
(i) "Minimum Monthly RenY'means the following amounts as to the following periods during the
Term of this Lease:
PERIOD MONTHLY AMOUNT
July 16,2015 to Odober 31,2015 $ 0.00 per month
November 1,2015 to May 31,2015 $1,433.67 per month
June 1,2016 to January 31,2017 $2,867.33 per month
February 1,20117 to January 31,2018 $2,951.67 per month
February 1,2018 to January 31,2019 $3,036.00 per month
February 1,2019 to January 31,2020 $3,120.33 per month
February 1,2020 to Odober 31,2020 $3,204.67 per month
1
AGENDA ITEM #7. e)
Q) "Permitted Use" means use for purposes of general business offices notary supplies and
services.
(k) "Base Year"means the calendar year 2015.
(I) "Prepaid RenY' means One Thousand Four Hundred Thirty-three and 67/100 Doilars
($1,433.67).
(m) "Security DeposiY' means Three Thousand One Hundred Twenty and 33/100 Dollars
($3,120.33).
(n) "Landlord's Address for Notice"means 200 Mill Avenue Building, Go Kidder Mathews, 601
Union Street,Suite 4720,Seattle,WA 98101.
(o) "Landlord's Address for Payment of RenY' means 200 Mill Avenue Building, Go Kidder
Mathews,P.O.Box 34860,Seattle,WA 98124-1860.
(p) 'Tenant's Address for Notice"means Attorney and Notary Supply, 200 Mill Avenue Building,
Suite 410,Renton,WA 98055-3232 on and after the Commencement Date.
(q) "Landlord's AgenY'means Kidder Mathews or such other agent as Landlord may appoint from
time to time.
(r) "Broker(s)"means Kidder Mathews representing the Landlord and John L.Scott Real Eastate
—agent Tyson Sonnenberg representing the Tenant.
(s) "Exhibits"means the following Exhibits to this Lease:
Exhibit A-Legal Description of the Property
Exhibit B-Outline Drawing of the Premises
Exhibit C-Work Letter
Exhibit D-Rules and Regulations
(t) "Rider"means the following Rider which is attached hereto:N/A.
(u) "Definitions"means the words and phrases defined in Section 41 captioned"Definitions".
2. Consent and Notices.Whenever the consent of either Landlord or Tenant is required under this
Lease, such consent shall not be effective unless given in writing and shall not be unreasonably
withheld or delayed, provided, however, that such consent may be conditioned as provided in this
Lease.Ail notices or requests required or permitted under this Lease shall be in writing as provided in
Section 42(g).
3. Premises and Appurtenances. Landiord leases to Tenant and Tenant leases from Landlord the
Premises for the Term. Tenant, and its authorized representatives, shall have the right to use, in
common with others and subject to the Rules and Regulations, the Common Areas of the Building.
Landlord shall have the right,in Landlord's sole discretion,from time to time to(i)make changes to the
Building interior and exterior and Common Areas,including without limitation,changes in the location,
size, shape, number and appearance thereof, (ii)to close temporarily any of the Common Areas for
maintenance purposes so long as reasonable access to the Premises remains available, and (iii) to
use the Common Areas while engaged in making additional improvements,repairs or alterations to the
Building.All of the windows and exterior walls of the Premises and any space in the Premises used for
shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are
reserved solely to landlord and Landlord shall have rights of access through the Premises for the
purpose of operating,maintaining and repairing the same,provided,however,that such changes shall
not materially affect TenanYs access to,or use and occupancy of,the Premises.
Tenant shali have access to the Building,Premises,and parking seven(7)days per
Week,twenty-four(24)hours per day,and fifty-two(52)weeks per year.
Building hours to be 8:00 a.m.to 6:00 p.m.Monday Through Friday
4. Term.
(a) Commencement Date.The Term shall commence on the Commencement Date and expire
on the Expiration Date,unless sooner terminated pursuant to this Lease.The Commencement Date shall
be:
(i) The date specified in Section 1, unless notice is delivered pursuant to Subsection
4(a)(ii),in which case the Commencement Date shall be such later date,or Tenant occupies the Premises
earlier pursuant to Subsection 4(a)(iii),in which case the Commencement Date shall be such earlier date;
(ii) Such later date on which the Tenant Improvements to be made to the Premises by
Landlord, if any, are substantially complete, provided, however, that Landlord shail give notice of
substantial completion to Tenant at least five(5)days before such date.
(iii) If Tenant shall occupy the Premises for the Permitted Use prior to the Commencement
Date specified in Section 1 or the date specified in the notice provided for pursuant to Subsection 4(a)(ii),
then the date of such early occupancy.
z
AGENDA ITEM#7, e)
(b) Tenant Obligations. If the Tenant Improvements provided by landlord 'rf any, are not
substantially completed on the Commencement Date specified in Section 1 primarily due to TenanYs
failure to promptly review and approve the plans and specifications for the Tenant Improvements or
change orders with respect to the Tenant Improvements or to TenanYs failure to fulfill any other obligation
under this Lease, then the Term shall be deemed to have commenced on the Commencement Date
specified in Section 1.
(c) Tenant Termination Rights. If Landlord is unable to deliver possession of the Premises with
the Tenant Improvements, if any, substantially completed to Tenant on the Commencement Date as a
result of causes beyond its reasonable control, Landlord shall not be liable for any damage caused by
failing to deliver possession and this Lease shali not be void or voidable. Tenant shall not be liable for
Rent until Landlord delivers possession of the Premises to Tenant. No delay in delivery of possession of
the Premises to Tenant shall change the Expiration Date or operate to extend the Term.If Landlord does
not deliver possession of the Premises to Tenant within six(6)months of the Commencement Date,then
Tenant may elect to terminate this Lease by giving notice to Landlord within ten (10) days following the
end of such six(6)month period.
(d) Confirtnation of Commencement Date. When the Commencement Date as provided in
Subsection 4(a)(ii) or Subsection 4(a)(iii) has been established as an ea�lier or later date than the
Commencement Date specified in Section 1,Landlord shall confirm the Commencement Date by notice to
Tenant.
5. Minimum Monthly Rent;Late Charge.
(a) Minimum Monthly Rent. Tenant shall pay to Landlord the Minimum Monthly Rent without
deduction, offset, prior notice or demand, in advance on the first day of each month during the Term.
Minimum Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Minimum
Monthly Rent per day.Minimum Monthly Rent is exclusive of any sales,franchise,business or occupation
or other tax based on rents (other than Landlord's general income taxes) and should such taxes appiy
during the Term,the Minimum Monthly Rent shall be increased by the amount of such taxes.All Rent shaif
be paid to Landlord at Landlord's Address for Payment of Rent or at such other address as Landlord may
specify by notice to Tenant.
(b) Late Charge. Tenant acknowledges that the late payment by Tenant of any Rent will cause
Landlord to incur administrative, collection, processing and accounting costs and expenses not
contemplated under this Lease, the exact amount of which are extremely difficult or impracticable to fix.
Therefore, if any Rent is not received by Landlord from Tenant by the fifth (5th) calendar 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 or Seventy-five and No/100th Oollars($75.00),whichever is greater. Landlord and
Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is
fair compensation to Landlord for its loss caused by TenanYs nonpayment. 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 TenanYs default with respect to TenanYs nonpayment nor
prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or
under law.
6. Prepaid Rent and Security Deposit. As partial consideration for Landlord's execution of this
Lease, on execution of this Lease, Tenant shall deposit with Landlord the Prepaid Rent, as monthly
rent for the first full month of the Term for which Rent is payable, and the Security Deposit, as a
SecurRy Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default,
Landlord may use the Security Deposit, or any portion of it, to cure the default, including without
limitation,paying for the cost of any work necessary to restore the Premises,the Tenant improvements
and any alterations to good condition or to compensate Landlord for all damage sustained by Landlord
resufting from TenanYs default. Tenant shall within five (5) days of demand pay to Landlord a sum
equal to the portion of the Security Deposit expended or applied by Landlord as provided in this Section
so as to maintain the Security Deposit in the sum initially deposited with Landlord. If Tenant is not in
default as of the expiration or termination of the Term,including without limitation,in default in payment
of the Rent for the last month of the Term, then Landlord shall return the Security Deposit, without
interest,to Tenant within a reasonable period of time not to exceed thirty(30)days after the expiration
ar termination of the Term, provided, however, that Landlord may retain a portion af the Security
Deposit for payment of increases in Real Property Taxes and Operating Costs the exact amount of
which has not been determined as of the expiration or termination of the Term. Landlord's obligations
with respect ta the Security Deposit are those of a debtor and not a trustee. Landlord may commingle
the Security Deposit with Landlord's general and other funds.
7. Real Property Taxes.
(a) Payment of TenanYs Share of Increases in Real Property Taxes. Tenant shall pay to
Landlord, as Additional Rent, monthl , in advance on the first da of each month durin the Term an
Y Y 9 ,
amount equal to one-twelfth(1/12th)of TenanYs Share of all increases in Real Property Taxes that are or
will be levied or assessed against the Property during each calendar year during the Term over and above
the Real Properly Taxes that are levied or assessed against the Property during the Base Year as
reasonably estimated by Landlord. Such Additional Rent is exclusive of any sales,franchise,business or
occupation or other tax based on rents and should such taxes apply during the Term,such Additional Rent
shall be increased by the amount of such taxes.Within one hundred twenty(120)days after the end of
each calendar year during the Term or within such longer period of time as may be reasonably necessary,
Landlord shall furnish to Tenant a statement of the Real Property Taxes for the preceding calendar year
and TenanYs Share of the increase in Real Property Taxes.If TenanYs Share of the increase in such Real
Property Taxes for that calendar year over such Real Property Taxes for the Base Year exceeds the
3
AGENDA /TEM#7. e)
monthly payments made by Tenant,then Tenant shall pay Landlord the deficiency within thirty(30)days
after receipt of the statement. If TenanYs payments made during that calendar year exceed TenanYs
Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes
for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time
Landlord fumishes the statement to Tenant, or Tenant shall be entitled to offset the excess against the
next instaliment(s) of Minimum Monthly Rent and Additional Rent, provided, however,that at the end of
the Term Landlord shall pay Tenant the excess at the time Landlord fumishes the statement to Tenant.
(b) General and Special Assessments. With respect to any general or special assessments
which may be levied against or upon the Property,or which under the laws then in force may be evidenced
by improvement or other bonds or may be paid in annual instaliments, only the amount of such annual
installment,and interest due thereon,shall be included in the computation of Real Property Taxes.
(c) Proration.TenanYs Share of Real Property Taxes shall be prorated on the basis of a 360-day
year to account for any fractional portion of a tax year included in the Term at its commencement and
expiration.
(d) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this
Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum
Monthly Rent specified in Section 1.
(e) Leasehold Excise Tax. Notwithstanding anything to the contrary contained in this Section 7,
Landlord and Tenant agree that Landlord is a municipal corporation under the State of Washington,and,
as such, pays leasehold excise taxes based on rent in lieu of Real Property Taxes. For purposes of
establishing a Base Year for taxes based on rent, Landlord and Tenant shail agree upon a tax
assessment based on the valuation of the Property for the Base Year,and Tenant shall pay to Landlord as
Additional Rent, monthly,in advance on the first day of each month during the Term,an amount equal to
one-hvelfth (1/12th) of TenanPs Share of all increases in the valuation of the Property over the agreed
upon Base Year valuation that are or will be levied or assessed against the Property for each calendar
year during the Term.
8. Personal Property Taxes. Tenant shall pay prior to delinquency all personal property taxes
assessed against and levied upon trade fixtures,fumishings,equipment and all other personal property
of Tenant contained in the Premises or elsewhere. If possible,Tenant shall ca�se such trade fixtures,
furnishings,equipment and all ather personal property of Tenant to be assessed and billed separately
from the Property. ',
9. Operating Costs.
(a) Payment of TenanYs Share of Increases in Operating Costs.Tenant shall pay to Landlord,
as Additional Rent, monthly,in advance on the first day of each month during the Term,an amount equal
to one-twelfth(1/12th)of TenanYs Share of the increase in the Operating Costs of the Property for each
calendar year during the Term over the Operating Costs for the Base Year as reasonably estimated by
Landlord.Landlord may,in accordance with sound accounting and management principles,both reasonably ',
estimate,and finally determine,the Operating Costs for the Base Year and for each calendar year during �
the Term based on the Operating Costs that would have been incurred if the Building had been 95%
occupied during the Base Year or each such calendar year, as the case may be, taking into account
historical operating costs for the Building. Landlord may, in accordance with sound accounting and
management principles, make any other appropriate changes to reflect adjustments to Operating Costs for
prior years or for the then current calendar year.Such Additional Rent is exciusive of any sales,franchise,
business or occupation or other tax based on rents and should such taxes apply during the Term, such
Additionai Rent shall be increased by the amount of such taxes. Within one hundred riventy(120) days
after the end of each calendar year during the Term or within such longer period of time as may be
reasonably necessary, Landlord shall furnish to Tenant a statement of the Operating Costs for the
preceding calendar year and TenanYs Share of the increase in the Operating Costs. If TenanYs Share of
the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year
exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within
thirty (30) days after receipt of the statement. If TenanYs payments made during that calendar year
exceed TenanYs Share of the increase in the Operating Costs for that calendar year over the Operating
Costs for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the
time Landlord fumishes the statement to Tenant, or Tenant shall be entitled to offset the excess against
the next installment(s)of Minimum Monthly Rent and Additional Rent,provided,however,that at the end
of the Term Landlord shall pay Tenant the excess at the time Landlord fumishes the statement to Tenant.
(b) Proration. TenanYs Share of Operating Costs shall be prorated on the basis of a 360-day
year to account for any fractional portion of a year included in the Term at its commencement and
expiration.
(c) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this
Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum
Monthly Rent specified in Section 1.
10.Use.Tenant shall use the Premises for the Permitted Use and for no other use without Landlord's
prior consent.Tenant agrees that it has determined to its satisfaction that the Premises can be used for
the Permitted Use.Tenant waives any right to terminate this Lease if the Premises cannot be used for
the Permitted Use during the TeRn unless the prohibition on use is the result of actions taken by
Landlord.TenanYs use of the Premises shall be in accordance with the foliowing:
a
AGENDA ITEM#7. e)
(a) Insurance. Tenant shall not do, bring, or keep anything in or about the Premises or the
Property that will cause a cancellation of any insurance covering the Property. If the rate of any insurance
carried by Landlord on the Property as published by the Washington Survey and Rating Bureau, or any
successor rating bureau or agency, is increased as a result of Tenant's use, then Tenant shall pay to
Landlord not less than ten (10) days before the date Landlord is obligated to pay a premium on the
insurance,a sum equal to the difference between the original premium and the increased premium.
(b) Compliance with Laws. Tenant shall comply with all laws conceming the Premises and
TenanYs use of the Premises.
(c) Waste,Nuisance and Improper Use.Tenant shall not use the Premises in any manner that
will constitute waste, nuisance or unreasonable annoyance to other tenants in the Building, including
without limitation, (i) the use of loudspeakers or sound or light apparatus that can be heard or seen
outside the Premises,(ii)for cooking or other activities that cause odors that can be detected outside the
Premises,or(iii)for lodging or sleeping rooms.
(d) Damage to Property. Tenant shall not do anything in, on or about the Premises that will
cause damage to the Property.
(e) Rules and Regulations. Tenant and its authorized representatives shali comply with the
Rules and Regulations set forth on Exhibit D attached hereto.Landlord shall have the right to reasonably
amend the Rules and Regulations from time to time. In the event of a conflict between this Lease and the
Rules and Regulations,as amended,this Lease shall control.Landlord shail have the right to enforce the
Rules and Regulations. Landlord shail have no liability or responsibility whatsoever with respect to the
noncompliance by other tenants or their authorized representatives with any of such Rules and
Regulations.
11.Hazardous Substances. 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
TenanYs intended use of the Premises does not involve the use, production,disposal or bringing on to
the Premises of any Hazardous Substances, except for products normally used in general business
offices which constitute Hazardous Substances, provided 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 of Hazardous Substances, on or under the Premises or the Property, or
incorporated in any tenant improvements or alterations,at TenanYs expense.
(a) Compliance; Notification.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 as it deems advisable to protect its
interest in the Premises and the Property,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 Property, 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 shail notify Landlord immediately of any release of any Hazardous Substances on the Premises or
the Property.
(b) Indemnity by Tenant.Tenant agrees to hold Landlord harmless from and against any and all
damages, charges, Geanup costs, remedial actions, costs and expenses, which may be imposed on,
incurred or paid by, or asserted against Landlord, the Premises or the Property by reason of, or in
connection with(1)any misrepresentation,breach of warranty or other default by Tenant under this Lease,
or(2)the acts or omissions of Tenant,its authorized representatives,or any subtenant or other person for
whom Tenant wouid otherwise be liable, resulting in the release of any Hazardous Substances on the
Premises or the Property.
(c) Indemnity by Landlord.Landlord agrees to hold Tenant harmless from and against any and
all damages, charges, cleanup costs, remediai actions, costs and expenses,which may be imposed on,
incurred or paid by, or asserted against Tenant, the Premises or the Property by reason of, or in
connection with the acts or omissions of Landlord, or its emptoyees, resulting in the release of any
Hazardous Substances on the Premises or the Property.
(d) Acknowledgment as to Hazardous Substances.Tenant acknowledges that the Premises
may contain Hazardous Substances, and Tenant accepts the Premises and the Building notwithstanding
such Hazardous Substances.If Landlord is required by any law to take any action to remove or abate any
Hazardous Substances, or if Landlord deems it necessary to conduct special maintenance or testing
procedures with regard to any Hazardous Substances,or to remove or abate any Hazardous Substances,
Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems
appropriate under the circumstances,and Tenant shall permit the same.
(e) Survival.The provisions of this Section 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 modiTy any provisions of this Section unless the termination or
modification agreement or other document expressly so states in writing.
5
AGENDA ITEM#7. e)
12.Landlord's Maintenance;Inclusion in Operating Costs.
(a) Landlord's Maintenance. Except as provided in Section 13 captioned "TenanYs
Maintenance; Remedies", Section 23 captioned"Destruction"and Section 24 captioned "Condemnation"
and except for damage caused by any negligent or intentional act or omission of Tenant or its authorized
representatives, Landlord shall maintain in good condition and repair the following:(i)the structural parts
of the Building, which structural parts inGude only the foundations, bearing and exterior walis, exterior
glass,glass entrance doors(excluding interior glass and interior glass doors),subflooring and roof,(ii)the
building standard lighting fixtures, window coverings and ceiling tiles and the unexposed electrical,
plumbing and sewage systems,including without limitation,those portions lying outside the Premises,(iii)
the heating, ventilating and air-conditioning system, if any, servicing the Building, (iv) the lobbies, ,
corridors, elevators, public or common restrooms and other common areas of the Building, and (v) the '
sidewalks, grounds, landscaping, parking and loading areas, if any, and other common areas of the I
Property.
(b) Inclusion in Operating Costs.The cost of maintaining, repairing, replacing or servicing the
portions of the Building that Landlord is required to maintain pursuant to this Section shall be included in
Operating Costs to the extent provided in Section 9 captioned"Operating Costs".
13.TenanYs Maintenance;Remedies.
(a) TenanYs Maintenance. Except as provided in Section 12 captioned "Landlord's
Maintenance; Inclusion in Operating Costs",Section 23 captioned"Destruction"and Section 24 captioned
"Condemnation"and except for damage caused by any grossly negligent or intentional act or omission of
Landlord or its authorized representatives,Tenant,at its cost,shall maintain in good condition and repair
the Premises, including without limitation, all of the Tenant Improvements,TenanYs alterations, TenanYs
trade fixtures, TenanYs personal property, signs, walls, interior partitions, wall coverings, windows, non-
building standard window coverings, glass within the Premises, doors, carpeting and resilient flooring,
non-building standard ceiling tiles, plumbing fixtures and non-buiiding standard lighting fixtures. Tenant
shall be liable for any damage to the Premises and the Building resulting from the acts or omissions of
Tenant or its authorized representatives.
(b) Landlord's Remedies. If Tenant fails to maintain the Premises in good condition and repair
as required by Subsection 13(a)and if such failure is not cured within thirty(30)days after notice of such
failure is given by Landlord to Tenant, then Landlord may, at its option, cause the Premises to be
maintained in good condition and repair and Tenant shall promptly reimburse Landlord for all reasonable
costs incurred by Landlord in performance of TenanYs obligation to maintain the Premises.
14.Tenant Improvements;Akerations and Trade Fixtures.
(a) Tenant Improvements. Tenant accepts the Premises in their"AS IS"condition without any
agreements, representations, understandings or obligations on the part of Landlord to perform any
a�terations,repairs or improvements or to provide any allowances unless otherwise expressly provided in this
Lease or in the Work Letter attached hereto as Exhibit C. Tenant shall not make any improvements or
alterations to the Premises without Landlord's prior consent.
(b) Alterations.Any improvements and alterations made by either party shall remain on and be
surrendered with the Premises on expiration or termination of the Term,except that Landlord can elect by
giving notice to Tenant within thirty(30)days before the expiration of the Term, or within thirty(30)days
after termination of the Term,to require Tenant to remove any improvements and alterations that Tenant
has made to the Premises. If Landlord so elects, Tenant, at its cost, shall restore the Premises to the
condition designated by Landiord in its election, before the last day of the Term,or within thirty(30)days
after notice of election is given,whichever is later.Any improvements and atterations that remain on the
Premises on expiration or termination of the Term shall automatically become the property of Landlord
and title to such improvements and alterations shall automatically pass to Landlord at such time without
any payment therefor by Landlord to Tenant. If Tenant or its authorized representatives make any
improvements or alterations to the Premises as provided in this Section, then such improvements and
alterations (i) shall be made in a first class manner in conformity with then building standard
improvements, (ii) shall be made utilizing then building standard materials, (iii) shall be made in
compliance with the Rules and Regulations and the reasonable directions of Landlord,(iv)shall be made
pursuant to a valid building permit to be obtained by Tenant, at its cost, and (v) shall be made in
conformity wfth then applicable laws,including without limitation,building codes.
(c) Trede Fixtures. Tenant shall not install any trade fixtures in or on the Premises without
Landiord's prior consent.
15.Mechanics' Liens. 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 Property free and clear of all
mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work
costing more than an amount equal to one (1) month's Minimum Monthly Rent, or the supply or
furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall
provide Landlord with a labor and material payment bond,a letter of credit or other security satisfactory
to Landlord in an amount equal to one hundred percent(100%)of the aggregate price of all contracts
therefor,with release of the bond conditioned on TenanYs payment in full of all ciaims of lien claimants
for such labor,services and/or materials supplied in the prosecution of the Work. Said payment bond
shall name Landlord as a primary obligee,shall be given by a surety which is satisfactory to Landlord,
and shall be in such form as Landlord shall approve in its sole discretion.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
6
AGENDA ITEM#7. e)
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 its suit or before such judgment
becomes a lien on the Premises,whichever is earfier. 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(but
shall not be obligated to),in addition to any other rights or remedies it may have,discharge said lien by
(i) paying the Gaimant 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
advisab�e, 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 in accordance with Section 39 captioned "Interest on Unpaid
RenY'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.
16.Utilities and Services.
(a) Utilities and Servlces Furnished by Landlord.Landlord shall furnish the Premises with:
(i) Electricity for lighting and power suitable for the use of the Premises for ordinary
general office purposes;provided, however,that Tenant shall not at any time have a connected electrical
load for lighting purposes in excess of the wattage per square foot of Premises Area required for building
standard amounts of lighting, or a connected load for all other power requirements in excess of four(4)
watts per square foot of Premises Area as determined by Landlord, and the electricity so provided for
lighting and power shall not exceed such limits, subject to any lower limits set by any governmental
authority with respect thereto;
(ii) Subject to the reasonable limitations of the existing building systems, heating,
ventilating and air-conditioning, if the Building has an air-conditioning system, to maintain a temperature
range in the Premises which is customary for similar office space in the Seattle,Washington area(but in
compliance with any applicable governmental regulations with respect thereto). Tenant agrees to keep
closed,when necessary, blinds,draperies and windows which must be closed to provide for the efficient
operation of the heating and air conditioning systems, if any, and Tenant agrees to cooperate with
Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper
functioning and protection of the heating,ventilating and air-conditioning system,if any.If Tenant requires
heating, ventilating and air conditioning to the Premises other than during normal business hours from
7:30 A.M.to 6:00 P.M.daily, and 8:00 A.M.to 11:00 A.M on Saturdays,except Sundays and those legal
holidays generally observed in the State of Washington, Landlord shall,upon TenanYs request made not
less than 24 hours before the time Tenant requires the after hour service,and not later than Noon on the
Friday before any Saturday or Sunday on which Tenant requires such service,and not later than Noon of
the day before any holiday on which Tenant requires such service (except as otherwise provided in the
Rules and Regulations), furnish such heating, ventilating and air conditioning. If Tenant receives such
services, then Tenant shall pay, upon demand, an amount equal to TenanYs proportionate share of the
actual direct cost to Landlord in providing the heating, ventilating and air conditioning outside of normal
business hours which Landlord and Tenant agree will be$35.00 per hour at this time;
(iii) Water for restroom and drinking purposes and access to restroom facilities;
(iv) Elevator service for general office pedestrian usage if the Building is serviced by
elevators;
(v) Relamping of building-standard light fixtures;
(vi) Washing of interior and exterior surfaces of exterior windows with reasonable
frequency;and
(vii) Janitorial service five(5)times per week,except holidays.
(b) Payment for Excess Utilities and Services. All services and utilities for the Premises not
required to be fumished by Landlord pursuant to Section 16(a) shall be paid for by Tenant. If Tenant
requires, on a regular basis,water,heat, air conditioning, electric current, elevator or janitorial service in
excess of that provided for in Section 16(a),then Tenant shall first obtain the consent of Landlord which
consent may be withheld in Landlord's sole discretion. If Landlord consents to such excess use, Landlord
may install an electric current or water meter(including,without limitation,any additional wiring,conduit or
panel required therefor) to measure the excess electric current or water consumed by Tenant or may
cause the excess usage to be measured by other reasonable methods(e.g.by temporary"check"meters
or by survey). Tenant shall pay to Landlord upon demand (i) the cost of any and all water, heat, air
conditioning, electric current, janitorial, elevator or other services or utilities required to be fumished to
Tenant in excess of the services and utilities required to be fumished by Landlord as provided in Section
16(a); (ii)the cost of installation, maintenance and repair of any meter installed in the Premises; (iii)the
cost of all electricity and water cansumed by Tenant in connection with any dedicated heating,ventilating
and/or air conditioning, computer power and/or air conditioning, telecommunications or other special
systems of Tenant, including any power usage other than through existing standard 110-volt AC outlets;
and (iv) any reasonable cost incurred by Landlord in keeping account of or determining such excess
utilities or services fumished to Tenant. Landlord's failure to bill Tenant for any such excess utilities or
services shall not waive Landlord's right to bill Tenant for the excess at a later time.
(c) Temperature Balance.Landlord makes no representation to Tenant regarding the adequacy
or fitness of the heating,ventilating and air-conditioning systems in the Building to maintain temperatures
that may be required for, or because of, any of TenanYs equipment other than normal office equipment,
7
AGENDA ITEM#7, e)
such as personal computers, laser printers, copiers, dictating machines and other small equipment
normally used in business offices, and Landlord shall have no liability for loss or damage suffered by I�
Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the
Premises by the heating, air conditioning or ventilation system is affected as a result of(i) any lights,
machines or equipment(including without limitation electronic data processing machines)used by Tenant
in the Premises or the use of more than one personal computer per person, (ii) the occupancy of the
Premises by more than one person per two hundred (200) square feet of rentable area therein, (iii) an
electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises
specified in Section 16(a),or(iv)any rearrangement of partitioning or other improvements,Landlord may
install any equipment, or modify any existing equipment (including the standard air conditioning
equipment) Landlord deems necessary to restore the temperature balance. The cost of any such
equipment, including without limitation, the cost of design and installation thereof, and the cost of
operating,metering,maintaining or repairing the same,shall be paid by Tenant to Landlord upon demand.
Tenant shall not install or operate window-mounted heating or air-conditioning units.
(d) Special Electrical or Water Connections; Electricity Use.Tenant will not,without the prior
consent of Landlord,which Landlord in its sole discretion may refuse, connect or use any apparatus or
device in the Premises (i) using current in excess of 110 volts or (ii) which will cause the amount of
electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount
required for use of the Premises for ordinary general office purposes,as determined by Landlord,during
nortnal business hours or (iii) which would cause TenanYs connected load to exceed any limits
established in Section 16(a).Tenant shall not connect with electric current except through existing outlets
in the Premises and shall not connect with water pipes except through existing plumbing fixtures in the
Premises. In no event shail TenanPs use of electricity exceed the capacity of existing feeders to the
Building or the risers or wiring installation,and Landlord may prohibit the use of any electrical equipment
which in Landlord's opinion will overload such wiring or interfere with the use thereof by other tenants in
the Building. If Landiord consents to the use of equipment requiring such changes,Tenant shall pay the
cost of installing any additional risers,panels or other facilities that may be necessary to furnish energy to
the Premises.
Landlord will not pertnit additional coring of the floor of the Premises in order to install new electric
outlets in the Premises unless Tenant fumishes Landlord with X-ray scans of the floor area where the Tenant
wishes to place additional elecVical outlets and Landlord,in its absolute discretion,is satisfied,on the basis of
such X-ray scans and other information obtained by Landlord,that coring of the floor in order to install such
additional outlets will not weaken the sVucture of the floor.
(e) Landlord's Duties. Landlord shall not be in default under this Lease or liable for any
damages resulting from,or incidental to,any of the following,nor shall any of the following be an actual or
constructive eviction of Tenant,nor shall the Rent be abated by reason of: (i)failure to furnish or delay in
furnishing any of the services described in this Section when such failure or delay is caused by accident or
any condition beyond the reasonable control of Landlord, including the making of necessary repairs or
improvements to the Premises or to the Building,(ii)any electrical surges or spikes,or(iii)failure to make
any repair or to perform any maintenance,unless such failure shall persist for an unreasonable time after
notice of the need for such repair or maintenance is given to Landlord by Tenant. Landlord shall use
reasonable efforts to remedy any interruption in the fumishing of such services.
(� Governmental Regulations. Any other provisions of this Section notwithstanding, if any
governmental authority or utility supplier imposes any laws,controls,conditions,ar other restrictions upon
Landlord, Tenant, or the Building, relating to the use or conservation of energy or utilities, mandated
changes in temperatures to be maintained in the Premises or the Building or the reduction of automobile
or other emissions (collectively, the "Controls"), or in the event Landlord is required or elects to make
aRerations to the Building in order to comply with the Controls,Landlord may,in its sole discretion,comply
and may require Tenant to comply with the Controls or make such alterations to the Buiiding in order to
comply with the Controls. Such compliance and the making of such alterations shalt not constitute an
actual or constructive eviction of Tenant,impose on Landlord any liability whatsoever,or entitle Tenant to
any abatement of Rent.
17. Indemnity.
(a) Generally. Tenant shall defend, indemnify, and hold harmless Landlord, its o�cers, officials,
employees and volunteers from and against any and ali claims, suits, actions, or liabilities for injury or
death of any person,or loss of damage to property,which arises out of TenanYs use of the Premises,or
from the conduct of Tenant's business,or from any activity,woric or thing done,permitted,or suffered by
Tenant in or about the Premises,except only such injury or damage as shall have been occasioned by the
negiigence of Landlord.
Landlord shall defend, indemnify, and hold harmless Tenant, its officers, officials, and
employees from and against any and all claims, suits, actions, or liabilities for injury or death of any
person, or loss of damage to property, which arises out of any damage to any persons or property
occurring in,on or about the Premises or the Property resulting from the acts or omissions of Landlord or
its authorized representatives, excluding any injury, death, loss or damage which arises as a result of
TenanYs negligence.
A party's obligation under this Section to indemnify and hold the other party harmless shall be
limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being
indemnified.
(b) Provisions Specifically Negotiated. LANDLORD AND TENANT ACKNOWLEDGE BY
THEIR EXECUTION OF THIS LEASE THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS
8
.
AGENDA ITEM#7, e)
LEASE (SPECIFICALLY INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WORKER'S
COMPENSATION BENEFITS AND LAWS)WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY
LANDLORD AND TENANT.
18.Exemption of Landlord from Liability. Landlord and Landlord's Agent shall not be liable for injury
to TenanYs 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 fire,steam,electricity,gas,water or rain,
which may leak or flow from or into any paR of the Premises, or from the breakage, leakage,
obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or
lighting fixtures of the same,whether the said damage or injury resulting from conditions arising upon
the Premises or upon other portions of the Building or the Property unless such injury or damage is
caused by the gross negligence or willfu�misconduct of Landlord or its authorized representatives.
19.Commercial General Liability and Property Damage Insurance. Tenant, at its cost, shall
maintain commerciai general liability insurance (including contractual liability and products and
completed operations liability) with liability limits of not less than $2,000,000 per occurrence, and
$3,000,000 annual aggregate if the Premises contain less than 5,000 rentable square feet of space or
$5,000,000 annual aggregate if the Premises contain 5,000 rentable square feet of space or more,
insuring against all liability of Tenant and its authorized representatives arising out of or in connection
with TenanPs use and occupancy of the Premises and property damage insurance with liability limits of
not less than $1,000,000. All such commercial general liability and property damage insurance shall
insure performance by Tenant of the indemnity provisions of Section 17 captioned "Indemnity".
Landlord and Landlord's Agent shall be additional named insureds on such insurance policy.
20.TenanYs Fire Insurence. Tenant, at its cost, shall maintain on all of TenanYs Alterations, Trade
Fixtures and Personal Property in, on or about the Premises, a policy of standard All Risk fire
insurance, in an amount equal to at least their full replacement cost.The proceeds of any such policy
shali be used by Tenant for the restoration of TenanYs Atterations and Trade Fixtures and the
replacement of its Personal Property.Any portion of such proceeds not used for such restoration shall
belong to Tenant.
21.Waiver of Claims; Waiver of Subrogatlon Landlord and Tenant release each other, and their
respective authorized representatives,from,and waive their entire claim of recovery for,any claims for
damage to the Premises and the Building and to TenanYs alterations, trade fixtures and personal
property that are caused by or result from fire,lightning or any other perils normally included in an"all
risk" property insurance policy whether or not such loss or damage is due to the negligence of
Landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord
and Tenant shail cause each insurance poiicy obtained by it to provide that the insurance company
waives all right of recovery by way of subrogation against either party in connection with any damage
covered by such insurance policy.
22.Other Insurance Matters.All insurance required to be carried by Tenant under this Lease shall:(i)
be issued by insurance companies authorized to do business in the State of Washington with a rating
of ANI or better as rated in the most recent edition of BesYs Insurance Reports; (ii) be issued as a
primary policy, and(iii)contain an endorsement requiring thirty(30)days'prior written notice from the
insurance company to both parties,to Landlord's Agent, and, if requested by Landlord, to Landlord's
lender,before cancellation or change in the coverage,scope,or amount of any policy.Each policy or a
certificate of the policy, together with evidence of payment of premiums, shall be deposited with
Landlord on or before the Commencement Date, and on renewal of the policy not less than ten (10)
days before expiration of the term of the policy.
23.Destruction.
(a) Insured Damage. If during the Term the Premises or the Building are paRially or totally
destroyed by any casualty that is covered by any insurance carried by Landlord covering the Building,
rendering the Premises partially or totaliy inaccessible or unusable,Landlord shall restore the Premises or
the Building to substantially the same condition as they were in immediately before such destruction,if(i)
the insurance proceeds available to Landlord equal or exceed the cost of such restoration, (ii) in the
opinion of a registered architect or engineer appointed by Landlord such restoration can be completed
within one hundred eighty(180)days after the date on which Landlord obtains all pertnits necessary for
such restoration, and (iii) such restoraGon is permitted under then existing laws to be done in such a
manner as to return the Premises,or the Building,as the case may be,to substantially the same condition
as they were in immediately before such destruction.To the extent that the insurance praceeds must be
paid to a mortgagee under, or must be applied to reduce any debt secured by, a mortgage covering the
Property,the insurance proceeds shall be deemed not to be available to Landlord unless such mortgagee
permits Landlord to use the insurance proceeds for such restoration.Such destruction shall not terminate
this Lease.
(b) Major or Uninsured Damage. If during the Term the Premises or the Building are partialty or
totally destroyed by any casuatty and Landlord is not obligated under Section 23(a) captioned "Insured
Damage"to restore the Premises or the Building,as the case may be,then Landlord may,at its election,
either (i) restore the Premises or the Building to substantially the same condition as they were in
immediately before such destruction, or (ii) terminate this Lease effective as of the date of such
destruction. If Landlord does not give Tenant notice within si�y (60) days after the date of such
destruction of its election to restore the Premises or the Building,as the case may be, Landlord shall be
deemed to have elected to terminate this Lease.If Landlord elects to restore the Premises or the Building,
as the case may be, Landlord shall use commercially reasonable efforts to complete such restoration
within one hundred eighty(180) days after the date on which Landlord obtains all permits necessary for
9
AGENDA ITEM#7, e)
such restoration,provided,however,that such one hundred eighty(180)day period shall be extended by a
period equal to any delays caused by Force Majeure,and such destruction shall not terminate this Lease.
If Landlord does not complete such restoration within one(1)year following the date of such destruction,
then Tenant may elect to terminate this Lease by giving notice to such effect to Landlord within ten (10)
days following the end of such one(1)year period.
(c) Damage to the Building.If during the Term the Building is partially destroyed by any casualty
and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the
Premises, then Landlord may, at Landlord's election, terminate this Lease by giving notice to Tenant of
Landlord's election to do so within sixty(60)days after the date of such destruction.
(d) Extent of Landlord's Obligation to Restore. If Landlord is required or elects to restore the
Premises as provided in this Section, Landlord shall not be required to restore alterations made by
Tenant, TenanYs trade flxtures and TenanYs personal property, such excluded ftems being the sole
responsibility of Tenant to restore.
(e) Abatement or Reduction of Rent. In case of damage to, or destructian of,the Premises or
the Building the Minimum Monthly Rent shall be abated or reduced, between the date of destruction and
the date of completion of restoration,by an amount that is in the same ratio to the Minimum Monthly Rent
as the total number of square feet of the Premises that are so damaged or destroyed bears to the total I
number of square feet in the Premises. �
24.Condemnation. If during the Term there is any taking of part or all of the Premises or the Building I
by condemnation,then the rights and obligations of the parties shall be as follows:
(a) Minor Taking. If there is a taking of less than ten percent(10%)of the Premises,this Lease
shall remain in full force and effect. I
(b) Major Taking. If there is a taking of ten percent(10%) or more of the Premises and if the '
remaining portion of the Premises is of such size or configuration that Tenant in TenanYs reasonable
judgment is unable to conduct its business in the Premises,then the Term shall terminate as of the date ,
of taking. '�
(c) Taking of Part of the Building. If there is a taking of a part of the Building other than the I
Premises and if in the opinion of Landlord the Building should be restored in such a way as to materially �
alter the Premises,then Landlord may terminate the Term by giving notice to such effect to Tenant within I
sixty(60)days after the date of vesting of title in the condemnor and the Term shall terminate as of the �,
date specified in such notice, which date shall not be less than sixty(60) days after the giving of such I
notice. I
(d) Award.The entire award for the Premises,the Building and the Property,shall belong to and I
be paid to Landlord, Tenant hereby assigning to Landlord TenanYs interest therein, if any, provided,
however,that Tenant shall have the right to claim and recover from the condemnor compensation for the
loss of any alterations made by Tenant, TenanYs trade fixtures, TenanYs personal property, moving
expenses and business interruption.
(e) Abatement of Rent. If any part of the Premises is taken by condemnation and this Lease
remains in full force and effect, on the date of taking the Minimum Monthly Rent shall be reduced by an
amount that is in the same ratio to the Minimum Monthly Rent as the total number of square feet in the
Premises taken bears to the total number of square feet in the Premises immediately before the date of
taking.
25.Assignment and Subletting.
(a) Landlord's Consent; De£nitions. Tenant acknowledges that the Buiiding is a multi-tenant
office building, occupied by tenants specifically selected by Landlord, and that Landlord has a legitimate
interest in the type and qua�ity of such tenants,the location of tenants in the Building and in controlling the
leasing of space in the Building so that Landlord can better meet the particular needs of its tenants and
protect and enhance the relative image, position and value of the Building in the office building market.
Tenant further acknowledges that the rental value of the Premises may fluctuate during the Term in
accordance with market conditions, and, as a result, the Rent paid by Tenant under the Lease at any
particular time may be higher or lower than the then market rental value of the Premises. Landlord and
Tenant agree, and the provisions of this Section are intended to so provide, that, if Tenant voluntarily
assigns its interest in this Lease or in the Premises or subleases any part or all of the Premises,a portion
of the profits from any increase in the market rental value of the Premises shall belong to Landlord.
Tenant acknowledges that, if Tenant voluntarily assigns this Lease or subleases any part or all of the
Premises,TenanYs investment in the subject portion of the Premises(specifically inGuding,but not limited
to,tenant improvements,good will or other assets)may be lost or reduced as a resuR of such action.
(b) Consent Required.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 consent,which
consent shall not be unreasonably withheld. Any assignment, encumbrance or sublease without
Landlord's consent shail be voidable and,at Landlord's election,shall constitute a default by Tenant under
this Lease. In determining whether to approve a proposed assignment or sublease, Landlord shall piace
primary emphasis on the proposed transferee's reputation and creditworthiness, the character of the
business to be conducted by the proposed transferee at the Premises and the affect of such assignment
or subletting on the tenant mix in the Building. In addition, Landlord shall have the right to approve the
specific form of any assignment or sublease agreement. In no event shall Landlord be obligated to
consent to any assignment or subletting which increases (i)the Operating Costs, (ii) the burden on the
10
AGENDA ITEM#7. e)
Building services,or(iii)the foot traffic,elevator usage or security concerns in the Building, or creates an
increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being
unreasonably compromised or reduced (for example, but not exclusively, Landlord may deny consent to
an assignment or subletting where the space will be used for a school or training facility,an entertainment,
sports or recreation facility, retail sales to the public (unless TenanYs permitted use is retail sales), a
personnel or employment agency,a medical office,or an embassy or consulate or similar office).Landlord
shall not be obligated to approve an assignment or subletting to(x)a current tenant of the Building or(y)a
prospective tenant of the Buiiding with whom Landlord is then negotiating.Landlord's foregoing rights and
options shall continue throughout the entire term of this Lease. No consent to any assignment,
encumbrance or sublease shall constitute a waiver of the provisions of this Section and no other or
subsequent assignment, encumbrance or sublease shall be made without Landlord's prior consent.
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 TenanYs obligations
under this Lease, including the obligation to pay Rent under this Lease. Any personal guarantee(s) of
TenanYs obligations under this Lease shall remain in fuli force and effect following any such assignment or
subletting. In addition to Landlord's other rights under this Section,Landlord may condition approval of an
assignment or sub�etting hereunder on an increase in the amount of the Security Deposit or on receipt of
personal guarantees of the assignee's or sublessee's obligations under this Lease. If Landlord approves
of an assignment or subletting hereunder and this Lease contains any renewal options,expansion options,
rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space
in the Building,such rights and/or options shall not run to the assignee or subtenant,it being agreed by the
parties hereto that any such rights and options are personal to Tenant named herein and may not be
transferred.
(c) Conditions to Assignment or Sublease. Tenant agrees that any instrument by which
Tenant assigns or sublets all or any portion of the Premises shall expressly provide that the assignee or
subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior consent
(which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld or
delayed), and that the assignee or subtenant will comply with ali of the provisions of this Lease and that
Landlord may enforce the Lease provisions directly against such assignee or subtenant. If this Lease is
assigned,whether or not in violation of the terms and pravisions of this Lease, Landlord may collect Rent
from the assignee. If the Premises,or any part thereof,is sublet, Landlord may,upon a default under this
Lease,collect rent from the subtenant. In either event,Landlord may apply the amount collected from the
assignee or subtenant to TenanYs obligation to pay Rent under this Lease.
(d) Events Constituting an Assignment or Sublease. For purposes of this Section, the
following events shall be deemed an assignment or sublease, as appropriate: (i)the issuance of equity
interests (whether stock, partnership interests or otherwise) in Tenant, or any assignee or subtenant, if
applicable, or any entity controlling any of them, to any person or group of related persons, in a single
transaction or a series of related or unrelated transactions, such that, following such issuance, such
person or group shall have Controi (as defined below) of Tenant, or any assignee or subtenant, 'rf
applicable;or(ii)a transfer of Control of Tenant,or any assignee or subtenant,ff applicable,or any entity
controlling any of them, in a single transaction or a series of related or unrelated transactions(including,
without limitation, by consolidation, merger, acquisition or reorganization), except that the transfer of
outstanding capital stock or other listed equity interests by persons or parties other than"insiders"within
the meaning of the Securities Exchange Act of 1934,as amended,through the"over-the-counter"market
or any recognized national or intemational securities exchange, shall not be included in determining
whether Control has been transferred. "Control" shall mean direct or indirect ownership of fifty percent
(50%)or more of all the legal and equitable interest in any business entity.
(e) Processing Expenses. Tenant shall pay to Landlord the amount of Landlord's cost of
processing each proposed assignment or subletting,inciuding without limitation,reasonable attomeys'and
other professional fees, and the cost of Landlord's administrative, accounting and clerical time
(collectively, "Processing Costs"), and the amount of all reasonable direct and indirect expense incurred
by Landlord arising from the assignee or sublessee taking occupancy of the subject space, including
without limitation, reasonable costs of freight elevator operation for moving of fumishings and trade
fixtures, security service, janitorial and cleaning service, rubbish removal service, costs of changing
signage, and costs of changing locks and making new keys (collectively, "Occupancy Costs").
Notwithstanding anything to the contrary herein,Landlord shali not be required to process any request for
Landlord's consent to an assignment or subletting until Tenant has paid to Landlord Three Hundred
Dollars($300.00),or Landtord's estimate of the Processing Costs and the Occupancy Costs,whichever is
greater.
(� Consideration to Landlord. In the event of any assignment or sublease, whether or not
requiring Landlord's consent,Landlord shali be entitied to receive,as Additional Rent,one-half(1/2)of any
consideration,including without limitation,payment for leasehold improvements paid for by Landlord,paid
by the assignee or subtenant for the assignment or sublease and, in the case of sublease,the excess of
the amount of rent paid for the sublet space by the subtenant over the total amount of Minimum Monthly
Rent under Section 5 and Additional Rent under Sections 7 and 9.Upon Landlord's request,Tenant shall
assign to Landlord all amounts to be paid to Tenant by the assignee or subtenant and shall direct such
assignee or subtenant to pay the same directly to Landlord.If there is more than one sublease under this
Lease,the amounts(if any)to be paid by Tenant to Landlord pursuant to the preceding sentence shall be
separately calculated for each sublease and amounts due Landlord with regard to any one sublease may
not be offset against rental and other consideration due under any other sublease.
(g) Procedures.If Tenant desires to assign this Lease or any interest therein or sublet all or part
of the Premises,Tenant shall give Landlord written notice thereof designating the space proposed to be
11
AGENDA /TEM#7. e)
sublet and the terms proposed.If the proposed sublease covers the entire Premises and if the term of the
proposed sublease(including any renewal terms)wiil expire during the final six(6)months of the Term(or
if Tenant has exercised a renewal option,if any,then during the final six(6)months of the subject renewal
period),then Landlord shall have the prior right and option (to be exercised by written notice to Tenant
given within fifteen (15)days after receipt of TenanYs notice)(i)to terminate this Lease,or(ii)to approve
TenanYs proposal to sublet conditional upon Landlord's subsequent written approval of the specific
sublease obtained by Tenant and the specific subtenant named therein. If Landlord exercises its option
described in(ii)above,Tenant shall submit to Landlord for Landlord's written approval TenanYs proposed
sublease agreement(in which the proposed subtenant shall be named)together with a current reviewed
or audited financial statement prepared by a certified public accountant for such proposed subtenant and
a credit report on such proposed subtenant prepared by a recognized credit reporting agency.If Landlord
fails to exercise its option to terminate this Lease,this shall not be construed as or constitute a waiver of
any of the provisions of this Section.If Landlord exercises its option to terminate this Lease,Landlord shalt
not have any liability for any real estate brokerage commission(s)or with respect to any of the costs and
expenses that Tenant may have incurred in connection with its proposed subietting,and Tenant agrees to
hold Landlord harmless from and against any and all claims (including, without limitation, claims for
commissions) arising from such proposed subletting. Landlord's foregoing rights and options shall
continue throughout the Term.For purposes of this Section,a proposed assignment of this Lease in whole
or in part shall be deemed a proposed subletting of such space.
(h) Documentation. No permitted subletting by Tenant shall be effective until there has been
delivered to Landlord a counterpart of the sublease in which the subtenant agrees to be and remain jointly
and severally liable with Tenant for the payment of Rent pertaining to the sublet space and for the
performance of all of the terms and provisions of this Lease; provided, however,that the subtenant shall
be liable to Landlord for rent only in the amount set forth in the sublease. 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 TenanPs obligations under this Lease arising on or after the date of the
assignment. The failure or refusal of a subtenant or assignee to execute any such instrument shall not
release or discharge the subtenant or assignee from its liability as set forth above.
(i) 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 shail, at the option of
Landlord,terminate all or any existing subleases or subtenancies or,at the option of Landlord,operate as
an assignment to Landlord of any or all such subleases or subtenancies.
26.Default. The occurrence of any of the following shall constitute a default by Tenant under this
Lease:
' (a) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of
three(3)days after notice of such default has been given by Landlord to Tenant.
(b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and
Regulations, if the failure continues for a period of twenty-four(24) hours after notice of such defauR 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.
, (c) Other Defaults. 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
defauft 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 and diligently and in good faith
continues to cure the default.
(d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take
possession of substantially all of the TenanPs assets located at the Premises or of TenanYs 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 ail of TenanYs assets located at the Premises or of Tenant's interest
' in this Lease,where such seizure is not discharged within sixty(60)days.
27.Remedies. If Tenant commits a default, Landlord shall have the fo►lowing altemative remedies,
which are in addition to any remedies now or later allowed by law:
(a) Maintain Lease in Force. Maintain this Lease in fuli force and effect and recover the Rent
and other monetary charges as they become due, without terminating TenanYs 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 do 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 for 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 Landiord fails to elect to terminate the Lease initially, Landlord at any
time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of
Tenant.
12
AGENDA ITEM#7. e)
(b) Tertninate Lease.Terminate TenanYs 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 TenanYs default including without limitation thereto,the following: (i)The worth at
the time of award of any unpaid Rent which had been earned at the time of such termination;plus(ii)the
worth at the time of award of the amount by which the unpaid Rent which would have been earned after
termination until the time of award exceeds the amount of such rental loss that Tenant proves could have
been reasonably avoided;plus(iii)the worth at the time of award of the amount by which the unpaid Rent
for the balance of the Term after the time of award exceeds the amount of such rental toss that is proved
could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the
detriment proximately caused by TenanYs failure to perform its obligations under this Lease or which in
the ordinary course of things would be likely to result therefrom, including without limitation, any costs or
expenses incurred by Landlord 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 reletting to a new tenant,including repairs or necessary alterations to the Premises for such reletting,
(D) leasing commissions incident to reletting to a new tenant, and (E) any other costs necessary or
appropriate to relet the Premises; plus(v)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
described in clauses(C)and (D)shall be amortized over the term of the new tenanYs lease,and Tenant
shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the
Expiration Date of this Lease set forth in Section 1.Upon any such re-entry Landlord shall have the right to
make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole
discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of
award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of
default. As used in Subsections 27(b)(ii) and 27(b)(iii) the "worth at the time of award" is computed by
discounting such amounts at the discount rate of eight percent(8%)per year.
28.Bankruptcy.
(a) Assumption of Lease.If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code
("Code")or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters
11 or 13 of the Code,or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters
11 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor-In-Possession, may not elect to
assume this Lease unless,at the time of such assumption,the Trustee or Tenant has:
(i) Cured all defaults under the Lease and paid all sums due and owing under the Lease or
provided Landlord with "Adequate Assurance" (as defined below) that: (i) within ten (10) days from the
date of such assumption, the Trustee or Tenant will completely pay all sums due and owing under this
Lease and compensate Landlord for any actual pecuniary loss resulting from any existing defauR or
breach of this Lease,including without limitation,Landlord's reasonable costs,expenses,accrued interest,
and attomeys'fees incurred as a result of the default or breach;(ii)within twenty(20)days from the date
of such assumption, the Trustee or Tenant will cure all non-monetary defaults and breaches under this
Lease, or, if the nature of such non-monetary defaults is such that more than twenty (20) days are
reasonably required for such cure,that the Trustee or Tenant will commence to cure such non-monetary
defaufts within twenty(20) days and thereafter diligently prosecute such cure to completion; and (iii)the
assumption will be subject to all of the provisions of this Lease.
(ii) For purposes of this Section,Landlord and Tenant acknowledge that,in the context of a
bankruptcy proceeding involving Tenant,at a minimum,"Adequate Assurance"shall mean:(i)the Trustee
or Tenant has and will continue to have sufficient unencumbered assets after the payment of all secured
obligations and administrative expenses to assure Landlord that the Trustee or Tenant will have sufficient
funds to fulfill the obligations of Tenant under this Lease; (ii)the Bankruptcy Court shall have entered an
Order segregating sufficient cash payable to Landlord and/or the Trustee or Tenant shall have granted a
valid and perfected first lien and security interest and/or mortgage in or on property of Trustee or Tenant
acceptable as to value and kind to Landlord,to secure to Landlord the obligation of the Trustee or Tenant
to cure the monetary and/or non-monetary defaults and breaches under this Lease within the time periods
set forth above;and(iii)the Trustee or Tenant,at the very minimum,shall deposit a sum equal to two(2)
month's Minimum Monthly Rent to be held by Landlord (without any allowance for interest thereon) to
secure TenanYs future performance under the Lease.
(b) Assignment of Lease. If the Trustee or Tenant has assumed the Lease pursuant to the
provisions of this Section for the purpose of assigning TenanYs interest hereunder to any other person or
entity, such interest may be assigned only after the Trustee, Tenant or the proposed assignee have
complied with all of the terms,covenants and conditions of this Lease,including,without limitation,those
with respect to Additional Rent. Landlord and Tenant acknowledge that such terms, covenants and
conditions are commercially reasonable in the context of a bankruptcy proceeding af Tenant.Any person
or entity to which this Lease is assigned pursuant to the provisions of the Code shall be deemed without
further act or deed to have assumed all of the obligations arising under this Lease on and after the date of
such assignment. Any such assignee shall upon request execute and deliver to Landlord an instrument
confirming such assignment.
(c) Adequate Protection. Upon the filing of a petition by or against Tenant under the Code,
Tenant, as Debtor and as Debtor-In-Possession, and any Trustee who may be appointed agree to
adequately protect Landlord as follows: (i) to pertorm each and every obligation of Tenant under this
Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court;(ii)to
pay all monetary obligations required under this Lease, including without limitation, the payment of
Minimum Monthly Rent,TenanYs Share of Real Property Taxes,TenanYs Share of Operating Costs and
any other sums payable by Tenant to Landlord under this Lease which is considered reasonable
compensation for the use and occupancy of the Premises; (iii)provide Landlord a minimum of thirty(30)
13
AGENDA /TEM#7, e)
days prior written notice, unless a shorter period is agreed to in writing by the parties,of any proceeding
relating to any assumption of this Lease or any intent to abandon the Premises,which abandonment shall
be deemed a rejection of this Lease; and (iv)to pertorm to the benefit of Landlord as othervvise required
under the Code. The failure of Tenant to comply with the above shall result in an automatic rejection of
this Lease.
29.Limitation of Actions.Any claim,demand, right or defense of any kind by Tenant which is based
upon or arises in connection with this Lease or the negotiations prior to its execution, shali be barred
unless Tenant commences an action thereon,or interposes in a legal proceeding a defense by reason
thereof,within one (1)year after the date Tenant actually becomes aware of the act or omission on
which such claim,demand,right or defense is based.
30.Limitation on Landlord's Liability. Anything in this Lease to the contrary notwithstanding,
covenants,undertakings and agreements herein made on the part of Landlord are made and intended
not as personal covenants, undertakings and agreements or for the purpose of binding Landlord
personally or the assets of Landlord except Landlord's interest in the Property, but are made and
intended for the purpose of binding only the Landlord's interest in the Property.No personal Iiabiiity or
personal responsibility is assumed by, nor shall at any time be asserted or enforceable against
Landlord or its partners and their respective heirs, legal representatives, successors and assigns on
account of this Lease or on account of any covenant,undertaking or agreement of Landlord contained
in this Lease.
31.Signs. Tenant shall not have the right to place, construct or maintain any sign, advertisement,
awning, banner or other exterior decoration without Landlord's consent. Any sign that Tenant has
Landlord's consent to place,construct and maintain shafl comply with all laws,and Tenant shall obtain
any approval required by such laws. Landlord makes no representation with respect to TenanYs ability
to obtain such approval. Notwithstanding the foregoing, Landlord and Tenant have agreed to allow
Tenant the right to install one(1)Exterior sign on the building,pursuant to the Rider attached hereto.
32.Landlord's Right to Enter the Premises. Landlord and its authorized representatives shall have
the right to enter the Premises at reasonable times and upon reasonable prior notice (except in an
emergency when no such notice shall be required)for any of the following purposes: (i)to determine
whether the Premises are in good condition and whether Tenant is complying with its obligations under
this Lease, (ii) to do any maintenance; to make any restoration to the Premises or the Building that
Landlord has the right or the obligation to perform,and to make any improvements to the Premises or
the Building that Landlord deems necessary,(iii)to serve,post or keep posted any notices required or
allowed under the provisions of this Lease,(iv)to post any ordinary"For Sale"signs at any time during
the Term and to post any ordinary"For Lease"signs during the last ninety(90)days of the Term,and
(v)to show the Premises to prospective brokers, agents, purchasers, tenants or lenders, at any time
during the Term.
Landlord shall not be liable in any manner for any inconvenience,annoyance, disturbance, loss of
business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this
Section, except damage resutting from the grossly negligent or wiilful acts of Landlord ar its authorized
representatives.Tenant shall not be entitled to an abatement or redudion of Rent if Landlord exercises any
right reserved in this Sedion.Landlord shall conduct its adivities on the Premises as allowed in this Sedion
in a reasonable manner so as to cause minimal inconvenience,annoyance or disturbance to Tenant.
33.Subordination. This Lease is and shall be prior to any mortgage recorded after the date of this
Lease affecting the Property. If, however, a lender requires that this Lease be subordinate to any
mortgage,this Lease shall be subordinate to that mortgage if Landlord flrst obtains from the lender a
written agreement that provides substantially the following:
"As long as Tenant performs its obligations under this Lease, no foreGosure of,
deed given in lieu of foreclosure of,or sale under the moRgage,and no steps or procedures
taken under the mortgage,shall affect TenanYs rights under this Lease."
Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or transferee
designated in any deed given in lieu of foreclosure.Tenant shall execute the written agreement and any other
documents required by the lender to accomplish the purposes of this Section.
34.Right to Estoppel Certificates.Tenant,within ten (10) business days after notice from Landlord,
shall execute and deliver to Landlord, in recordable form, a certificate stating that this Lease is
unmodified and in full force and effect, or in full force and effect as modified and stating the
modifications.The certificate shall also state the amount of Minimum Monthly Rent,the dates to which
Rent has been paid in advance, and the amount of any Prepaid Rent or Security Deposit and such
other matters as Landlord may reasonably request.Failure to deliver the certificate within such ten(10)
business day period shall be conclusive upon Tenant for the benefit of Landlord and any successor to
Landlord, that this Lease is in full force and effect and has not been modified except as may be
represented by Landlord requesting the certificate.
35.Transfer of Landlord's Interest. If Landlord sells or transfers the Property, Landlord, on
consummation of the sale or transfer,shall be released from any liability thereafter accruing under this
Lease if Landlord's successor has assumed in writing,for the benefit of Tenant,Landlord's obligations
under this Lease. If any Security Deposit or Prepaid Rent has been paid by Tenant, Landlord shall
transfer such Security Deposit or Prepaid Rent to Landlord's successor and on such transfer Landlord
shall be discharged from any further liability with respect to such Security Deposit or Prepaid Rent.
14
AGENDA ITEM#7. e)
36.Attomeys'Fees.If either party shall bring 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 losing party shall pay the successful party a reasonable sum for
attorneys'fees which shall be deemed to have accrued on the commencement of such action and shali
be paid whether or not such action is prosecuted to judgment.
37.Surrender;Holding Over.
(a) Surrender. On expiration or ten (10) days after termination of the Term, Tenant shail
surrender the Premises and all TenanYs improvements and alterations to Landlord broom clean and in
good condition.Tenant shall remove all of its trade fixtures and personal property,which personal property
specifically includes all cabling installed in the Premises by Tenant(unless Tenant has received consent
from Landlord that such cabling may be surrendered with and remain in the Premises), within the time
period stated in this Section. Tenant, at its cost, shall pertorm all restoration made necessary by, and
repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and
signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may,at
its election, retain or dispose of in any manner any of TenanYs trade fixtures or personal property that
Tenant does not remove from the Premises on expiration or within ten(10)days after termination of the
Term as allowed or required by the provisions of this Lease by giving ten(10)days notice to Tenant.Title
to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration
of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any
damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and
personal property.Tenant shall be liable to Landlord for Landlord's reasonable costs for storing,removing
and disposing of TenanYs trade fixtures and personal property.If Tenant fails to surrender the Premises to
Landlord on expiration or ten(10)days after termination of the Term as required by this Section,Tenant
shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the
month immediately prior to the expiration or termination of the Term, or the amount provided by law,
whichever is greater,for the entire time Tenant thus remains in possession and Tenant shall be liable for,
shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from
TenanYs failure to timely surrender the Premises,inGuding without limitation, (i)any Rent payable by,or
any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord's
damages resuiting from such prospective tenant rescinding or refusing to enter into the prospective lease
of part or all of the Premises by reason of TenanYs failure to timely surrender the Premises. If Tenant,
without Landlord's prior consent, remains in possession of the Premises after expiration or termination of
the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such
possession by Tenant shail be deemed to be a tenancy at sufferance terminable at any time by either
party.
(b) Holding Over with Landlord's Consent.If Tenant,with Landlord's prior consent,remains in
possession of the Premises after expiration or termination of the Term, or after the date in any notice
given by Landlord to Tenant terminating this Lease,such possession by Tenant shall be deemed to be a
month-to-month tenancy terminable by Landlord by a notice given to Tenant at least twenty(20)days prior
to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty(30)days
prior to the end of any such monthly period. During such month-to-month tenancy,Tenant shall pay Rent
in the amount then agreed to in writing by Landlord and Tenant.All provisions of this Lease,except those
pertaining to term,shall apply to the month-to-month tenancy.
38.Agency Disclosure;Broker.
(a) Agency Disclosure. Kidder Mathews hereby discloses that it represents the Landlord and
Tenant in this transaction.
(b) Broker. Landlord and Tenant each represent to the other that neither is represented by any
broker, agent or finder with respect to this Lease in any manner,except the Broker(s).The commission
due to the Broker(s) shall be paid by Landlord pursuant to a separate agreement. Each party agrees to
indemnify and hold the other party harmless from and against any and all liability,costs,damages,causes
of action or other proceedings instituted by any broker, agent or finder, licensed or otherwise, claiming
through, under or by reason of the conduct of the indemnifying party in any manner whatsoever in
connection with this Lease. If Tenant engages a broker,agent or finder to represent Tenant in connection
with any renewal of this Lease,then the commission or any fee of such broker, agent or finder shall be
paid by Tenant.
39.Interest on Unpaid Rent. In addition to the Late Charge as provided in Section 5(b), Rent not paid
when due shall bear interest from the date due until paid at the rate of fifteen percent(15%)per year,
or the maximum legal rate of interest,whichever is less.
40.Landlord's Option to Relocate Tenant. Landlord shall have the option at any time to relocate
Tenant, upon not less than ninety(90)days advance written notice by Landlord to Tenant,to any floor
of the Building in which the Premises are located so long as the square footage of the Premises leased
hereunder is not reduced. Rent shall not be changed because of the relocation of Tenant
notwithstanding any increase in the square footage of the Premises to which Tenant is relocated unless
the increase in square footage is caused by TenanPs request for additionai space. In the event
Landlord gives Tenant written notice of the relocation of Tenant after Tenant and Landlord have
commenced or completed the approved installation of partitioning or other improvements, Landlord
shall furnish Tenant with similar partitioning or other improvements of equal quality in the Premises to
which Tenant is relocated. Landlord shali pay expenses associated with relocation of existing
telephones,existing o�ce furniture,and existing equipment.
15
AGENDA /TEM#7, e)
41.Definitions. As used in this Lease, the following words and phrases, whether or not capitalized,
shall have the following meanings:
(a) "Additional RenP' means pass-throughs of increases in Operating Costs and Taxes, as
defined in this Lease,and other monetary sums to be paid by Tenant to Landlord under the provisions of
this Lease.
(b) "Alteration" means any addition or change to, or modification of, the Premises made by
Tenant,including without limitation,flxtures,but excluding trade fixtures as defined in this Section.
(c) "Authorized representatives"means any officer, agent, employee, independent contractor or
invitee of either party.
(d) "Award"means all compensation, sums or anything of value awarded, paid or received on a
total or partial condemnation.
(e) "Common Areas" means all areas outside the Premises and within the Building or on the
Land that are provided and designated by Landlord from time to time for the general,non-exclusive use of
Landlord,Tenant and other tenants of the Building and their authorized representatives,including without
limitation, common entrances, lobbies, corridors, stairways and stairwells, elevators, escalators, public '
restrooms and other public portions of the Building.
(� "Condemnation" means the exercise of any govemmental power, whether by legal
proceedings or otherwise,by a condemnor and a voluntary sale or transfer by Landlord to any condemnor,
either under threat of condemnation or while legal proceedings for condemnation are pending.
(g) "Condemnor" means any public or quasi-public authority or entity having the power of
condemnation. I
(h) "Damage"means any injury,deterioration, or loss to a person, property,the Premises or the �,
Building caused by another person's acts or omissions or by Acts of God.Damage includes death. II
(i) "Damages"means a monetary compensation or indemnity that can be recovered in the courts ,
by any person who has suffered damage to his person, property or rights through another's acts or ',
omissions. '
Q) "Date of taking"means the date the condemnor has the right to possession of the property
being condemned. i
(k) "Encumbrance" means any mortgage, deed of trust or other written security device or �
agreement affecting the Premises,and the note or other obligation secured by it,that constitutes security
for the payment of a debt ar pertarmance of an obligation. i
(I) "Expiration"means the coming to an end of the time specified in the Lease as its duration,
including any extension of the Term.
(m) "Force majeure"means strikes,lockouts, labor disputes,shortages of labor or materials,fire
or other casualty,Acts of God or any other cause beyond the reasonable control of a party.
(n) "Good condition"means the good physical condition of the Premises and each portion of the
Premises,including without limitation,all of the Tenant Improvements,TenanYs aRerations,TenanYs trade
fixtures,TenanYs Personal Property,all as defined in this Section,signs,walls,interior partitions,windows,
window coverings,glass,doors,carpeting and resilient flooring,ceiling tiles,plumbing fixtures and lighting
fixtures,all of which shall be in conformity with building standard finishes,ordinary wear and tear,damage
by fire or other casualty and taking by condemnation excepted.
(o) "Hazardous substances" means any industrial waste, toxic waste, chemical contaminant or
other substance considered hazardous,toxic or lethal to persons or property or designated as hazardous,
toxic or lethal to persons or property under any laws, including without limitation, asbestos material or
materials containing asbestos.
(p) "Hold harmless"means to defend and indemnify from all liability,losses, penalties,damages
as defined in this Section,costs,expenses(including without limitation,attorneys'fees),causes of action,
claims or judgments arising out of or related to any damage,as defined in this Section,to any person or
property.
(q) "Law"means any constitution,statute,ordinance,regulation,rule,resolution,judicial decision,
administrative order or other requirement of any federal, state, county, municipal or other govemmental
agency or authority having jurisdiction over the parties or the Property,or both,in effect either at the time
of execution of this Lease or at any time during the Term, including without limitation, any regulation or
order of a quasi-official entity or body (e.g., board of fire examiners or public utilities) and any legally
effective conditions,covenants or restrictions affecting the Property.
(r) "Lender" means the mortgagee, beneficiary, secured party or other hoider of an
encumbrance,as defined in this Section.
(s) "Lien"means a charge imposed on the Premises by someone other than Landlord,by which
the Premises are made security for the performance of an act.
16
AGENDA ITEM#7. e)
(t) "Maintenance"means repairs,replacement,repainting and cleaning.
(u) "Mortgage"means any deed of trust,mortgage or other written security device or agreement
affecting the Premises, and the note or other obligation secured by it, that constitutes security for the
payment of a debt or performance of an obligation.
(v) "Mortgagee"means the beneficiary under a deed of trust or mortgagee under a mortgage.
(w) "Mortgagor" means the grantor or trustor under a deed of trust or mortgagor under a
mortgage.
(x) "Operating Costs" means all costs of any kind incurred by Landlord in operating, cleaning,
equipping, protecting, lighting, repairing, replacing, heating, air-conditioning, maintaining and insuring the
Property.Operating Costs shall include,without limitation,the following costs:(i)salaries,wages,bonuses
and other compensation(including hospitalization, medicai,surgical, retirement plan,pension plan,union
dues, life insurance, including group life insurance, weifare and other finge benefits, and vacation,
holidays and other paid absence benefits)relating to employees of Landlord or its agents directiy engaged
in the operation,repair,or maintenance of the Property;(ii)payroll,social security,workers'compensation,
unemployment and similar taxes with resped to such employees of Landlord or its authorized
representatives, and the cost of providing disability or other benefits imposed by law or otherwise, with
respect to such employees; (iii) uniforms (inGuding the cleaning, replacement and pressing thereo�
provided to such employees; (iv) premiums and other charges incurred by Landlord with respect to fire,
earthquake, other casualty, all risk, rent loss and liability insurance, any other insurance as is deemed
necessary or advisable in the reasonable judgment of Landlord and, after the Base Year, costs of
repairing an insured casualty to the extent of the deductible amount under the applicable insurance policy;
(v)water charges and sewer rents or fees; (vi) ticense, permit and inspection fees; (vii) sales, use and
excise taxes on goods and services purchased by Landiord in connection with the operation,maintenance
or repair of the Property and Building systems and equipment; (viii) telephone, facsimile, messenger,
express delivery service,postage,stationery supplies and other expenses incurred in connection with the
operation, management, maintenance, or repair of the Property; (ix) property management fees and
expenses; (x) repairs to and physical maintenance of the Property, including building systems and
appurtenances thereto and normal repair and replacement of worn-out equipment, facilities and
installations, but exciuding the replacement of major building systems (except to the extent provided in
(xvi) and (xvii) below); (xi)janitorial, window cleaning, security, extermination, water treatment, rubbish
removal, plumbing and other services and inspection or service contracts for elevator, electrical, HVAC,
mechanical and other building equipment and systems or as may otherwise be necessary or proper for the
operation or maintenance of the Property; (xii) supplies, tools, materials, and equipment used in
connection with the operation, maintenance or repair of the Property; (xiii) accounting, legal and other
professional fees and expenses; (xiv)painting the exterior or the public or common areas of the Building
and the cost of maintaining the sidewalks,landscaping and other common areas of the Property; (xv)all
costs and expenses for electricity,chilled water,air conditioning,water for heating,gas,fuei,steam,heat,
lights,power and other energy related utilities required in connection with the operation,maintenance and
repair of the Property; (xvi) the cost of any improvements which Landlord elects to capita�ize made by
Landlord to the Property during the Term in compliance with the requirements of any laws or regulation or
insurance requirement with which the Property was not required to comply during the Base Year, as
reasonably amortized by Landlord,with interest on the unamortized balance at the rate of twelve percent
(12%) per year, or the maximum legal rate of interest, whichever is less; (xvii) the cost of any
improvements which Landlord elects to capitalize made by Landlord to the Property during the term of this
Lease for the protection of the health and safety of the occupants of the Property or that are intended to
reduce other Operating Costs, as reasonably amortized by Landlord, with interest on the unamortized
balance at the rate of twelve percent(12%)per year,or the maximum legal rate of interest,whichever is
less; (xviii) a reasonable reserve for repair or replacement of equipment used in the maintenance or
operation of the Property;(xix)the cost of furniture,draperies,carpeting,landscaping and other customary
and ordinary items of personal property(excluding paintings,sculptures and other works of art) provided
by Landlord for use in common areas of the Building or in the Building office (to the extent that such
Building office is dedicated to the operation and management of the Property),such costs to be amortized
over the useful life thereof; (ux) Building office rent or rental value; and (xxi) all other costs which, in
accordance with generally sound accounting and management principles used by Landlord, as applied to
the maintenance and operation of office and/or retail buildings, are properly chargeable to the operation
and maintenance of the Property.
Operating Costs shall not inGude the following:(i)depreciation on the Building;(ii)debt service;(iii)
capital improvements, except as otherwise provided in Gauses(xvi) and(xvii) above, (iv) rental under any
ground or underlying leases; (v) Real Property Taxes, (vi) attorneys' fees and expenses incurred in
connection with lease negotiations with prospective tenants, or default or enforcement proceedings with
respect to defautting tenants; (vii)the cost of tenant improvements; (viii) advertising expenses; or(ix) real
estate broker's or other leasing commissions.
(y) "Parties"means Landlord and Tenant.
(z) "Party"means Landlord or Tenant.
(aa) "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.
(bb) "Property"means the Premises,Building and Land.
17
AGENDA 1TEM#7, e)
(cc) "Provision"means any term,agreement,covenant,candition,clause,qualification,restriction,
reservation, or other stipulation in the Lease that defines or othervvise controls, establishes, or limits the
performance required or permitted by either paRy.
(dd) "Real Property Taxes" means any form of tax, assessment, general assessment, special
assessment, lien, levy, bond obligation, license fee, license tax,tax or excise on rent, or any other levy,
charge or expense, together with any statutory interest thereon, (individually and collectively, the
"Impositions"),now or hereafter imposed or required by any authority having the direct or indirect power to
tax,including any federal,state,county or city govemment or any school,agricultural,lighting,drainage or
other improvement or special assessment district thereof,(individually and collectively,the"Governmental
Agencies") on any interest of Landlord or Tenant or both (including any legal or equitable interest of
Landlord or its mortgagee,ff any)in the Premises or the Property,including without limitation:
i an Im ositions u on, allocable to or measured by the area of the Premises or the
U Y P P
Property,or the rental payable hereunder,including without limitation,any gross income tax or excise tax
levied by any Governmental Agencies with respect to the receipt of such rental;or
(ii) any impositions upon or with respect to the possession, leasing, operation,
management, maintenance, alteration, repair or use or occupancy by Tenant of the Premises or any
portion thereof;or
(iii) any Impositions upon or with respect to the building equipment and personal property
used in connection with the operation and maintenance of the Property or upon or with respect to the
furniture,fixtures and decorations in the common areas of the Property.
(iv) any Impositions upon this Lease or this transaction or any document to which Tenant is
a paRy creating or transferring an interest or an estate in the Premises;or
(v) any Impositions by Govemmental Agencies(whether or not such Impositions constitute
tax receipts) in substitution, partially or totally, of any impositions now or previously included within the
definition of real property taxes, inGuding those calculated to increase tax increments to Governmental
Agencies and to pay for such services as fire protection, water drainage, street, sidewalk and road
maintenance,refuse removal or other governmental services formerly provided without charge to property
owners or occupants;or
(vi) any and all costs,including without limitation,the fees of attomeys,tax consultants and
experts, incurred by Landlord should Landlord elect to negotiate or contest the amount of such real
property taxes in formal or informal proceedings before the Governmental Agency imposing such real
property taxes; provided, however, that real property taxes shalt in no event inGude Landlord's general
income,inheritance,estate,g'rft or franchise taxes.
(ee) "RenY' means Minimum Monthly Rent, as adjusted from time to time under this Lease,
Additional Rent,Prepaid Rent,Security Deposit,all as defined in this Section,payments of TenanYs Share
I of increases in Real Property Taxes and Operating Costs, insurance, utilities and other charges payable
by Tenant to Landlord. �
(f� "Rentable square feet of space" as to the Premises or the Building, as the case may be,
means the number of usable square feet of space times the applicable R/U Ratio(s) as defined in this
Section.
(gg) "Restoration" means the reconstruction, rebuilding, rehabilitation and repairs that are
necessary to retum damaged portions of the Premises and the Building to substantially the same physical
condition as they were in immediately before the damage.
(hh) "R/U Ratio"means the rentable area of a floor of the Building divided by the usable area of
such floor, both of which shall be computed in accordance with American National Standard Z65.1-1996
Method of Measuring Floor Space in Office Buildings as published by the Building Owners and Managers
Association,as amended from time to time.
(ii) "Substantially complete" or "substantialiy completed" or"substantial completion" means the
completion of Landlord's construction obligation, subject to completion or correction of"punch list"items,
that is,minor items of incomplete or defective work or materials or mechanical maladjustments that are of
such a nature that they do not materially interfere with or impair TenanYs use of the Premises for the
Pertnitted Use.
�j) "Successor" means assignee, transferee, personal representative, heir, or other person or
entity succeeding lawfully,and pursuant to the provisions of this Lease,to the rights or obligations of either
' party.
(kk) "Tenant Improvements"means(i)the improvements and alterations set forth in Exhibit C, (ii)
window coverings, lighting fixtures, plumbing fixtures, cabinetry and other fixtures installed by either
Landlord or Tenant at any time during the Term, and (iii) any improvements and aiterations of the
Premises made for Tenant by Landlord at any time during the Term.
(II) 'TenanYs personal property" means TenanYs equipment, furniture, and movable property
(including cabling)placed in the Premises by Tenant.
(mm)'Tenant's trade fixtures"means any property attached to the Premises by Tenant.
18
AGENDA /TEM#7, e)
(nn) 'Termination"means the ending of the Term for any reason before expiration, as defined in
this Section.
(oo) "Work"means the construction of any improvements or alterations or the performance of any
repairs done by Tenant or caused to be done by Tenant on the Premises as permitted by this Lease.
42.Miscellaneous Provisions.
(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.
(b) Governing Law. This Lease shall be governed by, and construed and enforced in
accordance with,the laws of the State of Washington.
(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.
(d) Jurisdiction.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 nersonam jurisdiction in the Superior Court in and for King
County Washington or in the United States District Court for the Western District of Washington and agree
that in any such action venue shall lie exciusively at Seattle,Washington.
(e) Waiver. No waiver of any right under this Lease shall be effective unless contained in a
writing signed by a dufy authorized o�cer 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 pertorm shall be deemed to be a
waiver of any future right or of any other right arising under this Lease.
(� Captions. Section captions contained in this Lease are included for convenience only and
form no part of the agreement between the parties.
(g) Notices.All notices or requests required or permitted under this Lease shall be in writing. If
given by Landlord such notices or requests may 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. If given by Tenant such notices or requests shall be sent by certified mail, return receipt
requested,postage prepaid.Such notices or requests shall be deemed given when so delivered or mailed,
irrespective of whether such notice or request is actually received by the addressee. All notices or
requests to Landlord shall be sent to Landlord at Land�ord's Address for Notice and all notices or requests
to Tenant shall be sent to Tenant at Tenant's Address for Notice.Either party may change the address to
which notices shall be sent by notice to the other party.
(h) Binding Effect. Subject to the provisions of Section 25 captioned "Assignment and
Subletting", this Lease shall be binding upon, and inure to the benefit of, the parties hereto and their
respective successors and assigns. No permitted assignment of this Lease or TenanYs rights hereunder
shall be effective against Landlord uniess and until an executed counterpart of the instrument of
assignment shall have been delivered to Landlord and Landlord shall have been fumished with the name
and address of the assignee.The term"TenanY'shall be deemed to include the assignee under any such
permitted assignment.
(i) Effectiveness. This Lease shall not be binding or effective until properly executed and
delivered by Landlord and Tenant.
(j) 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.
(k) Time of the Essence. Time is of the essence in the pertormance of all covenants and
conditions in this Lease for which time is a factor.
43. Parking. Tenant shall have the right to use up to three unreserved parking stalls per 1,000 RSF,(the
"Allotted Parking Spaces")in the parking lot(the"Parking LoY�at no additional cost during the initial lease
term.The Tenant and TenanYs employees and invitees may utilize the Parking Lot,subject to the reasonable
rules and regulations adopted by Landlord from time to time(see 6chibit D),in common with other tenants of
and visitors to the Building on a first-come,first-served basis. In the event that Landlord believes that Tenant
is using more than its Allotted Parking Spaces,at Landlord's request,Tenant shall provide to Landlord each
month a list which includes the name of each person using the Parking Lot based on TenanYs parking
rights under this Lease and the license plate number of the vehicle being used by that person. In addition,
at Landlord's request,Tenant shall cause its employees who use the Parking Lot to post parking stickers
or other identification devices on their vehicles. If Tenant uses more than the Allotted Parking Spaces,
Landlord shall have the right to cause the vehicles of TenanYs employees to be towed until Tenant is no
longer using more than the Allotted Parking Spaces. The vehicles may be towed away by any towing
company selected by Landlord,and the cost of such towing shall be paid for by Tenant and/or the driver of
said vehicle.
19
AGENDA ITEM#7, e)
Signatures on following page
20
AGENDA /TEM#7, e)
Dated the date first above written.
Landlord: Tenant:
The City of Renton,Washington,a Attomey and Notary Supply of Washington,a
Washington municipal corporation Washington corporation
By:
By:
Title:
Title:
Date executed:
Date executed:
By:
By:
Title:
Title:
Date executed:
Date executed:
This Lease has been prepared for submission to you and your attomey. Kidder Mathews is not authorized to
give legal or tax advice. Neither Landlord nor Kidder Mathews makes any representations or
recommendations as to the legal sufficiency, legal effect or tax consequences of this document or any
transaction relating thereto. These are questions for your attorney with whom you should consult before
signing the document to determine whether your legal rights are adequately proteded.
[Notary attached]
z1
AGENDA ITEM #7, e)
Kidder Kidder Mathews mCopyright 1999-2005 �,,/
Commercial Brokers Association
12886 Interurban Avenue South All Rights Reserved
Mathews Seattle,WA 98168
Phone: (206)248-7300 CBA Fortn LA
Fax: (206)248-7342 Lease ARevnS/07
Page 1 of 1
ADDENDUM/AMENDMENT TO
CBA LEASES
CBA Text DisGaimer: Text deleted by licensee indicated by strike.
IIKm32lsyslUSERSLLEGALIRICHARD120151City o(Renton-Attomey&Notary SupplylCity of Renton-Attomey&Notary Supply LA
The following is part of the Commercial Lease Agreement dated June 14, 2015,
Between The City of Renton, a Washington Minicipal Corporation ("Landlord") '�
And Attorney&Notary Supply of Washington, a Washington Corporation ("TenanY')
regarding the lease of the Property known as: 200 Mill
IT IS AGREED BETWEEN THE LANDLORD AND TENANT AS FOLLOWS:
OPTION TO RENEW:TENANT SHALL, PROVIDED THE LEASE lS IN FULL FORCE AND EFFECT AND TENANT IS NOT IN
DEFAULT UNDER ANY OF THE OTHER TERMS AND CONDITIONS OF THE LEASE AT THE TIME OF NOTIFICATION OR '
COMMENCEMENT,HAVE ONE OPTION TO RENEW THIS LEASE FOR A TERM OF FIVE(5�YEARS, FOR THE PORTION OF '
THE PREMISES BEING LEASED BY TENANT AS OF THE DATE THE RENEWAL TERM IS TO COMMENCE, ON THE SAME '
TERMS AND CONDITIONS SET FORTH IN THE LEASE, EXCEPT AS MODIF/ED BY THE TERMS, COVENANTS AND '
CONDIT/ONS AS SET FORTH BELOW.' I
(2� IF TENANT ELECTS TO EXERCISE SAID OPTION, THEN TENANT SHALL PROVIDE LANDLORD WITH WRITTEN
. NOTICE NO EARLIER THAN THE DATE WHICH lS NINE(9)MONTHS PRIOR TO THE EXPIRATION OF THE THEN
CURRENT TERM OF THE LEASE BUT NO LATER THAN THE DATE WHICH IS SIX(6)MONTHS PRIOR TO THE
EXPIR,4TION OF THE THEN CURRENT TERM OF THIS LEASE. IF TENANT FAILS TO PROVIDE SUCH NOTICE,
TENANT SHALL HAVE NO FURTHER OR ADD/TIONAL R/GHT TO EXTEND OR RENEW THE TERM OF THE LEASE.
(b� THE ANNUAL RENT AND MONTHLY INSTALLMENT IN EFFECT AT THE DCPIRATION OF THE THEN CURRENT
TERM OF THE LEASE SHALL BE ADJUSTED TO REFLECT AN ANNUAL INCREASE OF$O.50 PSF PER YEAR
OVER THE RATE AT THE END OF THE IN/TIAL TERM.
(C) THIS OPT/ON IS NOT TRANSFERABLE;THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THEY
INTEND THAT THE AFORESAID OPTION TO RENEW THIS LEASE SHALL BE"PERSONAL"TO TENANT AS SET
FORTH ABO VE AND THAT IN NO EVENT WILL ANY ASSIGNEE OR SUBLESSEE HAVE ANY RIGHTS TO EXERCISE
THE AFORESAID OPTION TO RENEW.
AGENT(COMPANY): By:
ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged.
INITIALS:
TenanULessee: Date Landlord/Lessor Date
TenanULessee: Date Landlord/Lessor Date
AGENDA ITEM #7, e)
� Kidder
Mathews
Pendina Deal Analvsis:200 Mill
Attomev and Notarv Supplv
Tenants Proposed Points:
• 1,725 RSF.
• $17.75 full serviced with $0.50 psf annual increase.
• 60 month lease term with 3.5 months free rent.
• $15,000.00 Tenant Improvement Allowance from city. (Tenant to do their own TI's).
• Start date of August 1, 2015.
Comments:
• Our RSF is 2,024 sf. The usable sf is 1,563. The Tenant is using a 10% load factor for
common areas. Our actual load factor is approximately 30%. Typical load factors in the
market run befinreen 10%-18%.
• The starting rate of$17.75 psf is a good rate. The issue is our above market load factor.
Based on their calculations they are offering$2,551 per month.With our 30°/a load factor,
$17.75 equates to$2,993.00 per month.
• Lease term of 60 months can be adjusted to a longer term to recapture some of the free
rent. For example, 3.5 months of free rent is actually a little below market, but we can
change the term to 63.5 months with 60 months paid rent.
• The Tenant Improvement Allowance of$15,000.00($7.41 psfl is well below a market
Tenant Improvement Allowance. Typical Tenant Improvement Allowances for(5)year
lease in today's market run from$10.00 psf to$30.00 psf. Understanding that we are
attempting to limit up front cash expenditures we can attempt to provide additional free
rent in lieu of up front dollars.
• Start date of August 1, 2015 is very favorable to the city.
Recommended Center Proposal Based on Above:
• Square footage: In order to keep the rent roll as it is currently, revise sf to 2,024 rentable
sf.
• Rate: In order to make up some of the difference between market load factors and our
above market load factor, reduce starting rate to$17.00 psf. Full serviced first year. This
equalized to a first year monthly rate of$2,867.00.
• Lease term: To be 63.5 months. Structure of term is explained further in the Tenant
Improvement section below.
f:\agents\richard�2015\6.june\0608 200 mill analysis.docx
. . . . .
•.- •
A G i�l�l #�7, e)
ae
Mathews
• Tenant Improvements:While$15,000 is well below market we recommend allowance of
$7,500.00 or$3.70 psf.Additionally, we recommend providing the Tenant with an
additional 3 months of free rent and the Tenant can pay for the additional improvements.
From a lease structure standpoint since the additional free rent would be in lieu of
improvement dollars,that portion of the free rent would not be factored in to the extended
term.Additionally to ensure that the city has income coming in on the premises sooner
we would recommend the initial free rent of 3.5 months to be provided as half rent over a
7 month period.
• Lease Structure:
o August 1 2015 start date
o Months 01-03 $ 0.00
o Months 04-10 $ 8.50 psf($1,434 per month)
o Months 11-12 $17.00 psf($2,867 per month)
' o Months 13-24 $17.50
o Months 25-36 $18.00
o Months 37-48 $18.50
o Months 49-63.5 $19.00
• Value: In looking at value basis of the income stream of this lease, based on the NNN
portion of the renal rate($10.00 psf year 1) and utilizing a capitalization rate of 8.50%this
lease provides a value of$238,117 to the property.
• Upfront Costs: Total upfront costs to the City of Renton are minimal. The Tenant
improvement allowance of$7,500.00 and brokerage fees of$13,000.000. Total upfront
costs$20,500.00.
f:\agents\richard�2015\6.june\0608 200 mill analysis.docx
•.- •
AGENDA ITEM #7. t�
� GtTY OF `
J �r1t�J�'1 �
� • • . �
SUBJECT/TITLE: King County Conservation Futures Grant- May Creek Greenway
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
. • .
,;. . ..-_ ,.. ,,..�, .._ ,._. .__.. :..,:.��n:.�-��, - . ._ ._. . 4.�. ,..,. � ,
�:.��;- � -. -.�.�
Expenditure Required: $34�,9aQ� Transfer Aniendmen�: �$N/A'
Amount Budgeted: $ 350,000 Revenue Generated: $ 174,000
Totat Pro1'ect.Bud e�:, F.s f;=��:�r` �5{��♦ �:��3,: City SE�a[e T�t�lf�ro�ect;- ��e$1�S,950
.. ..., . ,. !!.' . ..,.J. .rr�.'a..:��<'4%ri:t.»�..U�r.k`.¢^+t�%;tiw'3ew'z��-�P:c2Y:;� �..... . . . ,n . �.,.. ... ..,,. a.at'+u�...roSr''M'.. ,bG'.d.`%.:..iiv4 ..h� �.� �. . �._�.. .� ._,
� � ' � � �
In 2013 the City acquired two parcels of land totaling .33 acres for future trailhead parking west of and
adjacent to the Kenyon-Dobson Park property. Acquisition costs, including the Level I assessment totaled
$349,950; the City utilized 2007 King County Proposition 2 Levy Funds to complete the transaction. In 2014,
the City applied to King County for a Conservation Futures Grant to offset the acquisition costs and was
recommended for a $174,000 grant award, offsetting nearly fi#ty percent of the acquisition costs. Once
received,the grant funding will be reallocated back to the 2007 King County Proposition 2 Levy Fund account
(316.332029.020.594.76.61.000)to be utilized for future open space and/or trail acquisition projects as per
the Proposition 2 funding constraints.
:
A. Amendment to Interlocal Cooperation Agreement
B. Map
C. Resolution
, � ' • �� •
Authorize acceptance of grant funding by adopting the Resolution; execute Amendment K to the existing
Interlocal Cooperation Agreement entered into between both parties in 1990. Reallocate grant funds back to
the 2007 King County Proposition 2 Levy Fund.
A GENDA I TEM #7. t�
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council,through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County,the City of Seattle and certain suburban
cities. This amendment is entered into to provide for the allocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF RENTON and KING COLTNTY,
and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement
entered into between the parties on the Sth day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
Fund allocation for the May Creek acquisition Project, and hereafter reads:
• On November 17, 2014,the King County Council passed Ordinance 17941, which
appropriated a total of One Hundred and Seventy Four Thousand Dollars ($174,000) in
Conservation Futures Levy proceeds to the City of Renton for the May Creek acyuisition
Project. On April 20, 2015 the King County Council passed Ordinance 18023,
authorizing the King County Executive to enter into interlocal agreements with the City
of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in
Ordinance 17941.
Amendment 2: Article V. Conditions of A�reement
Section 5.1 is amended to include reference to Attachment K,which lists a 2015
Conservation Futures Levy Allocation for the May Creek acquisition Project.
Amendment 3: Article VII. Resaonsibilities of Countv
The first two sentences of this article are amended to include references to Attachment K, which
lists a 2015 Conservation Futures Levy proceeds Allocation for the May Creek acquisition
Project:
Amendment K 1
Annual CFT Intedocal Renton-King County
2015 CFT proceeds
AGENDA ITEM #7, fl I,
Subject to the terms of this agreement,the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments A through K to be used
for the Projects listed in Attachments A through K. The City may request
additional funds; however,the County has no obligation to provide funds to the
City for the Projects in excess of the total amounts shown in Attachments A
through K. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
AMENDMENT 4: Attachment K
The attachments to the interlocal agreement are hereby amended by adding Attachment K, which
is hereby attached to the interlocal agreement, incorporated therein and made a part thereof.
In all other respects,the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF RENTON
Dow Constantine Denis Law
King County Executive Mayor
Date: Date:
Acting under the authority of Acting under the authority of
Ordinance 18023 Ordinance:
Approved as to form: Approved as to form:
Dan Satterberg
King County Prosecuting Attorney City Attorney
2
Amendment K
Annual CFT[nterlocal Renton-King County
2015 CFT proceeds
AGENDA ITEM #7, t�
ATTACHMENT K
2015 CONSERVATION FUTURES LEVY
CITY OF RENTON ALLOCATION
Jurisdiction I Project I Allocation I
IRENTON I May Creek I $174,000 I
ITOTAL $174,000 �
Project Description:
1123819 Renton—Mav Creek
This new project consists of the acquisition of two open space parcels totaling approximately 1/3
acre, at 114th Avenue SE,to provide access to the May Creek Greenway. A small parking area
for trail head access will be located on the site.
City of RENTON—May Creek $174,000
3
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AGENDA 1TEM #7, t�
CITY OF RENTON, WASHINGTON
RESOLUTION N0.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE
CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF RENTON AND KING COUNTY BY INCLUDING $174,000 ALLOCATION
FOR THE ACQUISITION OF TWO OPEN SPACE PARCELS IN THE MAY CREEK
GREENWAY.
WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement, under
RCW 39.34, with King County on June 5, 1990, which provides for the acquisition of monies
through the Conservation Futures Levy Fund for the purpose of acquiring open space; and
WHEREAS, the City of Renton applied for Conservation Futures funding assistance to
acquire two open space parcels near the Kenyon-Dobson Park; and
WHEREAS, King County has approved Renton's request and authorized the expenditure
of up to $174,000 in matching funds to acquire two parcels adjacent to the Kenyon-Dobson
Park in the May Creek Greenway within the City of Renton's Kennydale Community Planning
Area; and
WHEREAS, the acquisition of the remaining open space lands in the Renton's Kennydale
Community Planning Area is consistent with Renton's adopted Parks, Recreation and Natural
Areas Plan, and further, the City Council considers it in the best public interest to acquire these
remaining lands; and
WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that
Renton take appropriate legislative action to commit funds for the purpose of matching the
amounts allocated by King County; and
1
AGENDA ITEM #7. fl
RESOLUTION NO.
WHEREAS, it is necessary to amend the existing interlocal agreement between the City
of Renton and King County to include that additional $174,000 allocation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are authorized to amend the existing City of
Renton-King County Interlocal Agreement to include the allocation of an additional $174,000
for the acquisition of real property adjacent to the Kenyon-Dobson Park in the May Creek
Greenway.
SECTION III. Renton's share of the project monies will be derived from the King
County Proposition 2 Levy Fund.
SECTION IV. Any received fund monies shall be used to acquire open space land
adjacent to the Kenyon-Dobson park in Renton's Kennydale Community Planning Area.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
2
.
AGENDA /TEM #7. fl
RESOLUTION NO.
Approved as to form:
Lawrence J.Warren, City Attorney
RE5:1675:7/1/15:scr
3
AGENDA ITEM #7. g)
�r� �
� ClTY OF
�r1`�011 � '�
. . , , '�
SUBJECT/TITLE: Park Rules and Regulations Amendment I
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services
STAFF CONTACT: Kelly Beymer, Parks and Golf Course Director
EXT.: 6617
. • .
�;-.,.:,.,. .
Expenditure Requiretl:� ` ` �0� + Transfer°Ame��jdrrten�:` ;�NjA
Amount Budgeted: $ 0 Revenue Generated: $ N/A
Tota1 Pro ect Budget: ��IJ�'; ='�:: � - City Shar`e Ta ai Pa�pject�a _ �,$lV/q
. !, .. ,. �_ . ... . . .. .. __ . a..... . , .. � ._._. . ;,�;.;at�; . � . . .. ,.. , . ,
� � � • � •
Several years ago, King County Metro prohibited smoking on its buses and at its transit facilities. This
prohibition at the Renton Transit Center has resulted in increased complaints of negative secondary impacts
from Metro patrons and others smoking in the Piazza Park and adjacent "Big 5" property (secondary smoke,
littering of cigarette butts, loitering around adjacent businesses). To give law enforcement and park officials
the tools to address these issues, and improve the safety in the Piazza Park and "Big 5" property, amendments
to our Park Rules and Regulations is necessary.
Staff has also identified other areas of our rules and regulations that need to be amended and updated to
remove conflicting language and improve the regulations relating to public urination and defecation, and
possession and consumption of alcohol within the park.
:
A. Draft Ordinance
� � ' • �� •
Approve amendments to existing Park Rules and Regulations.
AGENDA ITEM #7. g)
CITY OF RENTON, WASHINGTON
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
2-9-8 OF CHAPTER 9, PARKS COMMISSION, OF TITLE II (BOARDS AND
COMMISSIONS), AND SECTIONS 6-14-9 AND 6-14-22 OF CHAPTER 14,
LITTERING, OF TITLE VI (POLICE REGULATIONS) OF THE RENTON MUNICIPAL
CODE, MODIFYING THE PARK RULES AND REGULATIONS BY AMENDING THE
REGULATIONS RELATED TO LITTERING IN PARKS; ADDING TWO NEW
SUBSECTIONS 2-9-8.6.16, "URINATING IN PUBLIC", MAKING URINATING AND
DEFECATING IN A PUBLIC PLACE OR IN PUBLIC VIEW A CRIMINAL VIOLATION,
AND 2-9-8.C.18 "SMOKING", MAKING SMOKING WITHIN PIAZZA PARK,
GATEWAY PARK, BIG 5 LOT, AND NORTH SIDE OF THE RENTON PAVILION
EVENT CENTER A CIVIL VIOLATION; AND REMOVING CONFLICTING LANGUAGE
FROM RMC 6-14-9,AND AMENDING LANGUAGE IN RMC 6-14-22.
WHEREAS, in an effort to improve and secure public health and safety in city parks,
Renton is amending the Renton Park Rules and Regulations; and
WHEREAS, for the purpose of improving and securing public health and safety in and
around Piazza Park, Gateway Park, the former Big 5 lot, and the north side of the Renton '
Pavilion Event Center, due to their proximity to Renton's commercial center, schools, and I�
businesses, and the negative impact that smoking and second-hand smoke has on potential
patrons of those businesses, the business employees, and the businesses themselves, Renton is
making smoking in those locations a civil infraction; I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES I'
ORDAIN AS FOLLOWS:
SECTION I. Subsection 2-9-8.B.12, littering, of Chapter 9, Parks Commission, of Title
II (Commissions and Boards) of the Renton Municipal Code, is repealed and subsections 2-8-
9.B.12 through 2-9-8.6.16 shall be renumbered accordingly.
1
AGENDA ITEM #7, g)
ORDINANCE NO.
SECTION II. Subsection 2-9-8.B, Criminal Violations, of Chapter 9, Parks Commission,
of Title II Commissions and Boards of the Renton Munici al Code, is amended to add a new
� ) p
subsection 16,to be entitled "Urinating in Public" and to read as follows:
16. Urinatin� in Public: Urinate or defecate in a qublic place or in a place
open to public view, consistent with RMC 6-8-11.A.4.
' SECTtON III. Subsection 2-9-8.C.17, Alcohol, of Chapter 9, Parks Commission, of Title II
(Commissions and Boards) of the Renton Municipal Code, is amended as follows:
17. Alcohol: Possess an open container or consume alcoholic beverages
except in areas designated by the Administrator and/or durin� certain
Administrator authorized events. Designated areas are (a) Maplewood Golf
Course, when such beverages are purchased and consumed within the
concessionaire's licensed premises; and (b) designated areas of the Renton
Community Center and Renton Senior Activity Center facilities as part of a facility
rental. All activities shall comply with all Washington State Liquor Control Board
requirements.
SECTION IV. Subsection 2-9-8.C, Civil Violations, of Chapter 9, Parks Commission, of
Title II (Commissions and Boards) of the Renton Municipal Code, is amended to add a new
subsection 2-9-8.C.18, to be entitled "Smoking" and to read as follows:
18. Smokin�: Smokin� tobacco. tobacco bvproducts or other smoke-emittin�
substances within Piazza Park, Gateway Park, the former Bi� 5 lot, and the north
side of the Renton Pavilion Event Center. For purposes of this section, "smokin�"
2 II
A GENDA /TEM #7, g)
ORDINANCE N0.
is defined as the carrvin� or smokin� of anv kind of li�hted nipe, ci�ar, ci�arette„
or anv other li�hted smokin�eauioment.
SECTION V. Subsection 2-9-8, Park Rules and Regulations, of Chapter 9, Parks
Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, is amended to
add a new subsection 2-9-S.D, to be entitled "Littering" and to read as shown below.
Subsections 2-9-8.D through 2-9-8.E shall be re-lettered accordingly.
D. Litterin�: Litterin� is prohibited, pursuant to RCW 70.63.060 (Litterin�
prohibited — Penalties — Litter cleanup restitution pavmentl. Litterin� includes
throwin� or deqositin� anv refuse or other material in anv park, except in
desi�nated receptacles; takin� �arba�e or refuse �enerated outside a park to a
aark for disnosat: unlawfullv dumpin� vard waste. litter, or debris in anv oark:
and failin�to remove or properlv dispose of partv decorations, includin�, but not
limited to, pinatas, streamers, balloons, or picnic items, such as paper or plastic
plates or cups or table coverin�s.
SECTION VI. Subsection 6-14-9, Litter in Parks, of Chapter 14, Litter, of Title VI (Police
Regulations)of the Renton Municipal Code, is repealed and marked "Reserved":
6-14-9 LITTER IN PARKS:
�v.. vMMll
re�-e�r�+-�.-I�e� �.�iJ � ��1'. .'. .�...:�:}�. +M.�.: :�'.n li++er ��i�ll l�r� .� .�...en+er! fr�rh L���.�n
���
....... .�.�..
s�ree� er e�her�abliE�laee. `"'"��� ^.,"';� � ^*�^'�� � �* � ,:-��a, ��� � ��
3
AGENDA /TEM #7. g)
ORDINANCE NO.
�+��ef 5�i�'v.;—p�C�1',�;C� ., , F.,,... �,b, .,.� �,., rl,e ..e��,,., �;1,�e F,,. s*�
.,.,,�,,.,,.,. .,..a .. ,,.�.,,�,�.,,,�,,,� „f e��e..,he�e. Reserved.
SECTION VII. Subsection 6-14-22, Violation; Penalties, of Chapter 14, Litter, of Title VI
(Police Regulations) of the Renton Municipal Code, is amended as follows:
6-14-22 VIOLATION; PENALTIES:
Firs��:epse vio;at�e„s--a�t#i5—c��ei" ��`��� ^�*�*••*^ ,:� ^f•��*�^^, +4FYff
���L.�.,.... .,+ ..I.,+s.,...- .,� +L.�� .-L,•,.,+.. ,�+L.;., .,f +I,e fir�r.�fF.,.,.-., .-L.-.11
�^^�*:�.,*� , m'«'^^�^�^^� penalties for any person found to have committed a
violation of this chapter shall be in accordance with RCW 7.80.120 and RCW
70.93.060.
SECTION VIII. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
4
AGENDA 1TEM #7, g)
ORDINANCE N0.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1872:7/1/15:scr
5 �
AGENDA ITEM #7. h) �,,
..�/'''`. , ,
CITY OF
�
l�ltt�1� �
. . . . ,
SUBJECT/TITLE: 2015 2nd Quarter Budget Amendment Ordinance
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTM ENT: Finance
STAFF CONTACT: Iwen Wang, ASD Administrator
EXT.: 6858
. •.
fxpenditure Required: `- . ,-.: �:<<�- v_. -;.,._- •. . :, .. .,. _ .,. .. . .:._ ; �. , .:, .. .;.�. .. , - _: ,
.$ �6,865,306 Transfer,Arriendment: ' $N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
. t
. .... ...
Totat Pro ect Bud et: ;:,; :.��.. N A ;<<� _ ;iC€ �hare Tata1 Pro ect:r,.t;-�: �N
,
,. ., ,,� ... :,,.,.,,.�.,,.�-, > ..�'�. .�::. �:�'� ., , . .. ��:�,x'�, ��..r: ... ,... . .�•�.t.�,..� �v;�:=,-.�,�l:�:�.. . . ,_ . . .
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...�...:. .. .,5..,...m�, .,b, ,. . 4.F.:w, ,� .. ,_.:
�•.�
� � ' • � •
' The proposed 2015 2nd quarter budget amendments are primarily housekeeping items in nature. It will 1)
incorporate grants and associated expenditures awarded to the city during the period; 2) make adjustments to
2015/2016 budget due to updated projections; 3) recognize the issuance of the 2015 LTGO Refunding Bonds
2015A& 2015B (refunds 2006 LTGO The Landing Bonds); and 4) adjust various capital investment program
(CIP) projects. Attached is a summary of the changes. Staff recommends Council approve the proposed
adjustments.
:
A. Issue Paper
B. 2015 2nd Qtr Budget Amendment Detail
C. 2015-2016 Vehicle Replacement Budget Amendment Detail
D. Draft Ordinance
, � • � � � •
Approve an amendment in the 2015-2016 Budget appropriations in the amount of$16,865,306 for an
amended total of$569,702,499 over the biennium and adopt the ordinance.
A GENDA 1 TEM #7, h)
ADMINISTRATIVE SERVICES DEPARTMENT ;�yaf '
M E M O R A N D U M - D CQ�,�OO f� ''��'
DATE: July 13, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Iwen Wang, Administrator
SUBJECT: 2015 2"d Quarter Budget Amendment Ordinance
ISSUE
Should the 2015/2016 Budget be amended to incorporate the items as detailed below?
. RECOMMENDATION
Adopt the ordinance amending the 2015/2016 Biennial Budget.
OVERVIEW
The proposed 2015 2"d quarter budget amendments are primarily housekeeping items in nature. It will
1) incorporate grants and associated expenditures awarded to the city during the period; 2) make
adjustments to 2015/2016 budget due to updated projections; 3) recognize the issuance of the 2015
LTGO Refunding Bonds 2015A & 20156 (refunds 2006 LTGO The Landing Bonds); and 4) adjust various
capital investment program (CIP) projects. Below is a summary of the changes.
I. PROPOSED GENERAL GOVERNMENTAL ADJUSTMENTS:
The proposed General Fund budget amendment totals $14.3 million. Of which $13.7 million is the
2015 bond issue to partially refund the 2006 Limited Tax General Obligation Bonds that was
previously approved by the Council through Ordinance 5754. The remaining $0.6 million in are as
follows:
1. Court Services (MC): $9k carry forward of remaining electronic Case Management System
project that is primarily funded with the Trial Court Improvement Fund received from the state.
2. Administrative Services (AS): $372k adjustment for utility tax audit expenses. These audits
resulted in $1.4 million in prior year utility taxes recoveries.
3. Police (PD): $8k adjustment for equipment reserve charge due to the replacement of a recently
totaled Police motorcycle.
4. Community Services(CS):$5k increase in Crisis Clinic 2-1-1 program funding.
5. Public Works (PW): $242k for various Transportation and Street Maintenance items.
Transportation is adding 2.5 FTEs (convert 0.5 Civil Engineer II to 1.0 FTE; add 1.0 Administrative
Secretary I, and add 1.0 Civil Engineer III) at a total cost of$487,377 for the biennial (funded by
reduction in electricity utility cost savings and CIP project reimbursements). Transportation is
also adding$15k for LED lights labor warranty (funded by reimbursements from Ameresco, the
LED project management company); and increase in equipment reserve charge by $27k due to
the proposed reptacement of 5 vehicles and 1 Traffic Lane Marker that were added after the
2015/16 budget was initially adopted.
AGENDA ITEM #7. h)
Ed Prince,Council President
Members of the Renton City Council
Page 2 of 3
July 13,2015
Street Maintenance is adjusting equipment replacement by $2k for the Riding Mower added in
2015 Carry Forward Amendment.
II. OTHER FUNDS:
Combined, all other City funds will require an adjustment of $2.5 million, of which $12k are for
operating purposes,the remaining adjustments are for capital purposes.
1. Impact Mitigation Funds (303, 304, and 305): $761k adjustment transfer to Transportation CIP
Fund 317 for S 7t''St($200k) and SW 27t''St/Strander Project($561k).
2. Municipal CIP Fund (316): $828k adjustment for Fawcett Property Acquisition ($824k), Urban
Forestry program ($4k) and various project adjustments (no increase/decrease). Funded by
$824k in grants and payment in-lieu of($4k).
3. Transportation CIP Fund (317): $290k for S 7t'' St ($268k) and 2015 LED Streetlights Conversion
(PSE owned street lights, additional $23k to fully fund the 10% project contingency). Funded by
$68k in grants, $200k transfer from Transportation Impact Mitigation Fund 305 and $23k
transfer from Street Fund 003.
4. Waterworks Utility Systems: adjust by $12k to recognize the equipment replacement reserve
charge of 3 new equipment for sewer utility. Also, adjust various projects that do not increase
or decrease the overall Utility System funds.
5. Equipment Rental Fund (501): $603k total adjustment for various revised costs increases to
approved replacement equipment ($310k) and for 6 new proposed replacements ($171k) and 3
new sewer equipment($122k).
6. Information Services Fund (503): $46k to carry forward of remaining electronic Case
Management System for Municipal Court. Funded by$46k transfer from Municipal Court.
III. ChanQes to Authorized Positions:
In summary,this proposed budget amendment will add 2.5 FTEs to the adopted 2015/16 positions:
1. Convert a half time (0.5 FTE) Civil Engineer II to full time (1.0 FTE) in Transportation Operations
& Maintenance Section.
2. Add 1.0 FTE Administrative Secretary I, and 1.0 FTE Civil Engineer III position in Transportation
Design Section.
These position changes were previously approved by Council on April 20, 2015.
AGENDA 1TEM #7, h)
Ed Prince,Council President
Members of the Renton City Council
Page 3 of 3
July 13,2015
CONCLUSION
The 2015 2"d quarter budget amendments will incorporate grants and associated expenditures awarded
to the city during the period; make adjustments to 2015/2016 budget due to updated projections;
recognize the issuance of the 2015 LTGO Refunding Bonds 2015A & 20156 (refunds 2006 LTGO The
Landing Bonds); and adjust various capital investment program (CIP) projects. Staff recommends
Council approve the proposed adjustments.
Attachments: Budget Amendment Ordinance,Exhibit A,and Exhibit B
2015 2n°Quarter Budget Amendment Detail
2015-2016 Vehicle Replacement 2nd Qtr BA
AGENDA ITEM #7, h)
2015 2nd Quarter Budget Amendment Detail 1/5
fUND Adooted 2015Adiustment 2016Adiustment Amended
GENERAL FUND Ifund OXX�
Beginning Fund Balance 17,565,282 - - 17,565,282
REVENUES 230,046,724
CW UtilityTaxAudit 1,434,000 -
PW Reimb From CIP Project-Design(50%of Adm Sec 1) 31,799 52,267
PW Reimb From CIP Project-Design(50%of CE 3► 42,732 71,333
PW lED Lights Labor Warranty Billing 15,000 -
CW 2015 LTGO Refunding Bond 13,691,80d -
7otal Revenue Adjustment 230,046,724 15,215,335 123,600 245,385,659
EXPENDITU RES 233,537,159
MC Court e-Docs,Hearings&Case-File Manager System 9,168 -
AS Utility Tax Audit Fees to TRS 372,000 -
PD Capital Recovery for MOTORCYCLE M053A(Poo107) - 8,000
CS Increase 2015 agency funding for Crisis Clinic 2-1-1 5,000 -
PW Convert 0.5 FTE Civil Engineer 2 to 1.0 FTE 34,502 56,616
PW Capital Recovery for COMPACT A399(Pool22) - 2,500
1 MP P 122 - 3125
PW Capital Recovery for UT L VEH CO 8083( oo )
PW LED Lights Labor Warrenty Billing 15,000 -
PW Eledricity (109,032) (180,214)
PW Transfer energy savings to LED STREETLIGHTS PSE project (22,686) -
PW Capital Recovery for TRAFfIC IANE MARKER E098(Pool23) - 10,000
PW Capital Recovery for VAN PA55 8087(Pool23) - 3,125
PW Capital Recovery for PU 1/2 TON C226(Pool23) - 4,000
PW Add 1.0 FTE Administrative Secretary 1 63,598 104,533
PW Add 1.0 FTE Civil Engineer 3 85,463 142,665
PW Capital Recovery for VAN PA55 8092(Pool21) - 4,000
PW Transfer out to 317 22,686 -
PW Capital Recoveryfor RIDING MOWER NEW(Pool25) - 2,071
CW Advance Refunding of 2006 LTGO 13,687,700 -
Total Expenditure Adjustment 233,537,159 14,163,399 160,421 247,860,979
Ending Fund Balance 14,074,847 1,051,936 (36,821) 15,089,962
IMPACT MITIGATION FUNDS(Fund 303.304,305�
Adooted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 3,009,736 - 3,009,736
REVENUES 804,000
PW Transportati�Impact Fees-Updated Estimates 383,500 -
Total Revenue Adjustment 804,000 383,500 - 1,187,500
EXPENDITURES 891,000
PW Transfer Out to 317-SW 27th St/Strander 561,335 -
PW Trensfer Out to 317-5 7th St 200,000 -
Total Expenditure Adjustment 891,000 761,335 - 1,652,335
Ending Fund Balance 2,922,736 (377,835) - 2,544,901
H:\Finance\Budget\1 CY�2.Budget Adjustments�2015 2nd Quarter�2015 2nd Quarter Budget Amendment.xlsx 6/25/2015
AGENDA ITEM #7, h)
2015 2nd Quarter Budget Amendment Detail 2/5
MUNICIPAL CIP FUND(Fund 316�
Adooted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 4,493,986 - 4,493,986
REVENUES 9,821,145
CS Conservation Futures Grant awarded 174,000 -
C5 Pending 2015 Conservation Futures grant for Fawcett 650,000 -
Acquisition
CS Urban Forestry Payment in Lieu 3,870 -
Total Revenue Adjustment 9,821,145 827,870 - 30,649,015
EXPENDITURES 14,310,715
CS Fawcett Property Acquisition 824,000 -
CS Urban Forestry Payment in Lieu 3,870 -
CS Transfer from 2007 Parks Levy Fund to Riverview Bridge (150,000) -
CS Conservation Futures Grant to reimburse 2007 Levy Funds 174,000 -
� Utilize 2014 Conservation Futures Grant reimbursement of (174,000) -
levy Funds for Fawcett Acquisition
CS Transfer from 2007 Parks Levy Fund to Riverview Bridge 150,000 -
CS Transfer from Coulon Park Lighting Repairs to complete Tile
Rehab Project (69,831)
CS Transfer from Coulon Park Lighting Repairs to complete Tile
Rehab Project 69,831
Total Expenditure Adjustment 14,330,715 827,870 - 15,138,585
Ending Fund Balance 4,416 - - 4,416
TRANSPORTATION CIP FUND(Fund 3171
Adonted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 4,059,718 - 4,059,718
REVENUES 25,265,292
PW Trensfer in from 003 22,686 -
PW Sale of Capital Asset-SW 27th St/Strander (561,335) -
PW Transfer In from 305-SW 27th St/Strander 561,335 -
PW Transfer In from 305-5 7th St 200,000 -
PW S 7th St-T1B 67,636 -
Total Revenue Adjustment 25,265,292 290,322 - 25,555,614
EXPENDITURES zg,g9q,99q
PW LEO STREETIIGHTS PSE 22,6g6 _
PW S 7th St 267,636 -
Total Expenditure Adjustment 28,894,994 290,322 - 29,185,316
Ending Fund Balance 430,016 - - 430,016
WATER UTILITY fUND(Fund 405/425&etc�
Ado�ted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 15,872,094 - 15,872,094
REVENUES 32,581,005
Total Revenue Adjustment 32,581,005 - - 32,581,005
EXPENDITURES 38,694,044
PW Emergency Response Proj �30,000) -
PW Water Treatment Filter Media (40,000) -
PW Wells 1,2 And 3 Bldg Roof Replacement 30,000 -
PW Wells 1,2 And 3 Bldg Roof Replacement 40,000 -
Total Expenditure Adjustment 38,694,044 - - 38,694,044
Ending Fund Balance 9,759,055 - - 9,759,055
H:\Finance\Budget\1 CY12.Budget Adjustments�2015 2nd Quarter�2015 2nd Quarter Budget Amendment.xlsx 6/25/2015
AGENDA ITEM #7. h)
2015 2nd Quarter Budget Amendment Detail 3/5
WASTEWATER UTILITY FUND(Fund 406/416/426�
Adooted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 10,905,399 - 10,905,399
REVENUES 55,035,260
Total Revenue Adjustment 55,035,260 - - 55,035,260 i
EXPEN DITURES 56,112,154 I'i
PW Capital Recovery for SEWER RODOER W/HOSE REEL NEW _ 8,070
(Pooi42)
PW Capital Recovery for PU 3/4 TON NEW(Pool42) - 3,654 �I
PW Capitai Recovery for TRAILER-UTIUtt NEW(Pool42) - 500 �i
PW Develop Access Road (122,235) -
PW Transfer out to 501 122,235 -
Total Expenditure Adjustment 56,112,154 - 12,224 56,124,378
Ending Fund Balance 9,828,505 - (12,224) 9,816,281
H:\Finance\Budget\1CY�2.Budget Adjustments�2015 2nd Quarter�2015 2nd Quarter Budget Amendment.xlsx 6/25/2015
AGENDA ITEM #7. h)
2015 2nd Quarter Budget Amendment Detail 4/5
EQUIPMENT RENTAL FUND(Fund 501�
Adopted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 5,330,319 - 5,330,319
REVENUES 11,700,136
PW Capital Recovery for SEWER RODDER W/HOSE REEL NEW
(Pooi42) 8,070
PW Capital Recovery for PU 3/4 TON NEW(Pool42) - 3,654
PW Capital RecoveryforTRAIIER-UTILITYNEW(Pool42) - 5pp
PW Capital Recovery for MOTORCYCIE M053A(Poo107) - 8,000
PW Capital Recovery for TRAFfIC LANE MARKER E098(Pool23j - 10,000
PW Capital Recovery for RIDING MOWER NEW(Poo125) - 2,071
PW Capital Recovery for VAN PASS 8092(Pool21) - 4,000
PW Capital Recovery for COMPACT A399(Pool22) - 2,500
PW Capital Recovery for UTIL VEH COMP 6083(Pool22) - 3,125
PW Capital Recovery for VAN PASS 8087(Pool23) - 3,125
PW Capital Recovery for PU 1/2 TON C226(Pool23) - 4,000
PW Transfer in from 426 122,235 -
Total Revenue Adjustment 11,700,136 122,235 49,045 11,871,416
EXPENDITURES 11,081,634
PW SEWER RODDER W/HOSE REEL NEW(Pool42)-New Add 80,699 -
PW PU 3/4 TON NEW(Pool42)-New Add 36,536 -
PW TRAILER-UTILITY NEW(Pool42)-New Add 5,000 -
PW STANDARD A428(Poo102)-Revised Cost 5,000 -
PW COMPACT A404(Poo102)-Revised Cost 5,000 -
PW MOTORCYCLE MO51(Poo107)-Revised Cost 2,000 -
PW MOTORCYCLE M053A(Poo107)-Totaled 32,000 -
PW POLICE CRU A416,A446,A452A,A453A,&A442(Poo108)- 25,000 -
Revised Cost
PW UTIL VEH FUIL B112,8144,&8137A(Poo108)-Revised Cost 15,000 -
PW BACKHOE E303&SANDER NEW(Poo125)-Revised Cost 16,000 -
PW PU 1/2 TON C369(Pool27)-Revised Cost 9,ppp _
PW 1 TON SVC BODY D134(Pool27)-Revised Cost 40,000 -
PW SPRAY UNIT P115(Pool31)-Revised Cost 100 -
PU COMPACT C191,C202,C179,C206,C209,C176,C190, 45,000
PW
C198,&C203(Pool31)-Revised Cost
PW COMPRESSOR P058(Pool31)-Revised Cost g,ppp _
PW STUMP GRINDER NEW(Pool31)-Revised Cost 3,ppp _
PW BUSS VAN 6066(Pool34)-Revised Cost 15,000 -
PW VAN F044(Poo140)-Revised Cost 25,000 -
PW FIRETRUCK F061�Poo140)-Revised Cost 10,000 -
PW COMPACT F062(Pool39)-Revised Cost 4,000 -
PW VAN PASS F066&f067(Poo140)-Revised Cost 15,000 -
PW fIRETRUCK F057(Poo140)-Revised Cost 20,000 -
PW PU COMPACT C187(Pool42)-Revised Cost 5,000 -
PW STANDARD A455A(Poo102)-Revised Cost - 5,000
Pw POLICE CRU A462,A465,A470A,&A448(Poo108)-Revised _ 20,000
Cost
PW STANDARD A456A(Poo108)-Revised Cost - 5,000
• PW PU COMPACT C206(Pool31)-Revised Cost - 5,000
PW FIRETRUCK F2513(Pool41)-Revised Cost - 10,000
PW VAN PA55 8092(Poo131)-New Replacement 32,000 -
PW COMPACT A399(Pool22)-New Replacement 25,000 -
PW UTIL VEH COMP B083(Pool22)-New Replacement 25,000 -
PW VAN PASS 8087(Pool23)-New Replacement 25,000 -
PW PU 1/2 TON C226(Pool23)-New Repiacement 3Z,ppp _
Total Expendkure Adjustment 11,081,634 558,335 45,000 11,684,969
Ending Fund Balance 5,928,821 (436,100) 4,045 5,496,766
H:\Finance\Budget\1 CY�2.Budget Adjustments�2015 2nd Quarter�2015 2nd Quarter Budget Amendment.xlsx 6/25/2015
AGENDA /TEM #7, h)
2015 2nd Quarter Budget Amendment Detail 5/5
INFORMATION SERVICES FUND(Fund 503�
Adopted 2015 Adiustment 2016 Adiustment Amended
Beginning Fund Balance 1,916,048 - 1,916,048
REVENUES 9,333,502
AS Court e-Docs,Hearings&Case-file Manager System 46,400 -
Total Revenue Adjustment 9,333,502 46,400 - 9,379,902
EXPENDITURES 10,319,203
AS Court e-Docs,Hearings&Case-File Manager System 46,400 -
Total Expenditure Adjustment 10,319,203 46,400 - 10,365,603
Ending Fund Balance 930,347 - - 930,347
H:\Finance\Budget\1 CY�2.Budget Adjustments�2015 2nd Quarter�2015 2nd Quarter Budget Amendment.xlsx 6/25/2015
A GENDA I TEM #7, h)
Fund 501-Equipment RenW I Fund
2015•2016 Vehicle Acquisitions/Replacements
I onnns,qned �� EWN��M nex� r�adei aau oexnqieo �� rmen.aa �ue �eW'x��A,mt���ed mCss�� ��� mice�r�ad ��r � �
l
VolireAdmin Foo102 M28 FOflD CNOWNVIROXIP 1A00 STRNDARD 23,A6 3[I05 � t5,500 5,000 50,500 - - -
Doliceqpmin poo103 AiM fOXD TRURUS 1300 COMYAR 1J.858 H101 3 OS,SOU S,Oro 5p,500 - - -
VoliaAEmin Vod03 MSSR DMCX CMARGER iGW SfrWDARD 24,558 2W8 < - - - G6,50p S,Oro 51,500
Pol�ttTnffic Ym10) MO51 MDMC FLMTVDOM 1000 MOTORCY4E 18,00] IW] C 30,Opp 2,000 33,OW - - -
Poliatnffc Voo10) M053A XpMC GLIITVDOM 1000 MOTORCYCIE 21,9]6 2/p9 < - 32,OW 31,000 - - - TINaIeE
PoliceFatrol VooIOB Mlfi FOND CROWNVIRORIA 1]W POLICE[MU 22,834 1W] 3 95,500 S,OOU SO,SW - - -
PoliceVatrol VooIOB qG96 FOPD [ROWNVIRORIA 1]00 POLICECXU 23,139 1006 < <5,500 5,o00 SO,SW - - -
GolicePanol Voo108 M52A DMCM CHAPGER 1]W POLICE[XU 38,056 SIXI9 0 <5,500 S,OW SO,SW - - -
FolicePahol poo108 M53A �MCH CHRXGEP 1]OIJ POLICECPU 38,d5fi 3008 0 I5,500 S,OW 50,500 � - -
VolicePahol Poo108 MIZ fOPD CROWNVIRORIA 1)W POLICECPU ]3,129 1006 0 45,500 5,000 50,500 � - -
VoliceVahol poo108 Blll FOPD E%PFDRION 2020 U�ILVENFULL 3),39< 2IXI3 8 05,500 5,000 50,500 - � -
VdiceVahol pod08 BSM FOPD E%YEORION 2020 UTILVEHFULL 2),9]0 iro8 8 05,500 5,000 SO,SOU � � -
idittVatrol pod08 813]R FORU E%VEORION 2020 UIIIVENFULL 2),9J0 ]roB 8 05,500 5,000 SO,Sro - � -
VoliceVahd Yod09 M61 DMCH CMRPGEX 1]OU VOIKECRU 38,056 ]WB < - � - Cfi,Spp 5,000 S1,SW
VOI�ceVatrol poo108 M65 OMCH [HRPGEX 1)00 VOIICECRU 38,d5fi 2008 < - � - C6,SOD 5,000 S1,SW
Volice Vahol pud08 M]OR OMCH CHAPGEP 1]00 VOIICE CRU 3J,BZ6 2008 < - - � C6,500 5,000 SS,SW
PoliceVanol Poo108 qi48 DMCH CHAPGEP 1]00 VOLI[ECRII 1q,6]9 1001 < - � - C6,Sp0 5,000 51,500
PolirePanol Poo108 AOS6A DMCH [MAPGER 1<00 STANOAXD 30,3]2 3009 < - - - <fi,500 5,000 SI,SOD
PoliceK9 Voo109 NEW CHEV TAHOE 3020 IRILVEHfULL - NEW 8 60,0pp � 60,OOp - � -
PuElicWorksTansportation p�111 8093 OMCN VAN 2330 VANVA55 1fi3OU4 2000 8 - 33,OW 32,000 - - - Repuescingrobereplaced
Des�tn
Yubl�cWorksTnnsportation p�33 A399 f0R0 TRIIPUS 13W COMYRR 1),)58 2900 10 - 15,000 25,000 - _ - Repuest�ngrobereplaceA
Systtm Open[ions
VublrcWorl¢Transportation p�l]2 6083 OMCX CNEROKEE 3010 IfrILVEHCaMF 21,596 1999 8 - 25,000 ]5,000 - � - qequestin`robere0hced
System Operations
YublicWorksTnnsOortation p�23 608] CHEV VAN 2330 VANVA55 1H,14C 1999 8 - 25,000 15,OW - - - qepuextinetobere0laced
System Mainhnance
VublicWmbTnnspMation p�23 Q26 CXEV SILVEMDO 303C VUI/]TON 16,380 3000 8 - 32,OW 32,OW - - � Repuei[inlrobereplaced
$yshm Mainhnance
VuLI�cWortrTnnspo�ation p�23 E098 WHIT KETTIF 6550 TRAfiWNEMARNFP 35,000 2001 IO 1W,000 � SW,000
System Maintenanre �
Publi[W o�ks Main[enan[e
S��� pool]5 E103 CASE SBOSL 3500 6ACNXOE ]],193 20W 10 130,000 15,000 135,OW - - -
PuElicWorksMaintenance p�25 0091 OMCH 3500 2080 1TONOUMV 36,<51 1999 10 55,000 - 55,000
Strett
FublicWorlaMa�ntenance p�=5 Elll LttN 0550 6035 ASDHALTOISTNIBIIr�P <5,909 ]OD6 10 ]5,000 - ]S,OW
Screet
VUEIicWwbMaintenance p�25 NEW NEW SNOWFLOW <200 SNOWPLOW - NEW IO 11,000 - 11,OW
Strtn
VublicWwksMa�nttnance p�125 NEW NEW SrWDEP fi019 SINDEN - NEW IS ri1,OW S,Oro 21,000
Strcet
YublicWorksMain[mance p�135 E090 RVL IT286 3600 LOAOER )3,055 199i 10 - - � 1nI,OW - i)O,OW
Strett
VublicWorbMainttnance poo135 5199 N/A SANDEP 6019 SANOER 1,623 1980 SO - - - 19,U00 - 19,000
Stree[
FublicWorksMaintenance poo125 DO81 GMCX TOVKI[K 2fi30 FWSHER 33,542 1931 30 � - - 65,000 - 65,000
Sheet
VublicWorbMa�nrcnance Doo125 E118R ELGN CP�SSWINOSWEEPER 2690 STREETSWEEVEP 2DM1,9)6 2fp8 0 2)S,WO - 3JS,OW
Street
VublicWorksMvn[enance ppp125 NEW NEW MOWE0. 5050 MOWEP,RIpING - NEW ) 34,500 - 19,500
Streef
VublicWorksMain[enance ppp126 E121 IME VAROP ]66p VAROX 392,]AO lOpl < <25,000 - 035,000
SurfaceWahr - ' '
VubLCWorksMainttnance p�136 Ql] FOXO FZ50 ]O60 VU3/OTON 2<,946 3003 B 55,�00 � 55,000
Su�hce Wahr � - -
VublicWarksMaincenance poollfi E091 CASE SBOSI 35W BACKXOE ]C,66] 199fi 15 - - - 120,000 � 1ZO,OpO
Surha Water
VublicWwkSMaintenance p�2J E096 HVST N80%L 2J00 FORKLIR ]),qJfi 1990 IS 30,000 - 30,000
Water
Public Wdl¢Main[enance P�12I Clfi9 FOX� Vll ]03/ VU 1/]TON 13,3)8 1995 B 29,000 9,000 33,000
Water
VublicWorksMaintm�nce P�13] p095 CHEV 3500 ]O85 1TONSVCBODY 26,268 2000 15 50,000 - SO,OpO
Wa[er
YubLCWwtrMa�nrcnar�ce p�12] 00]5 FORD FO50 2085 ITONSVCBODY 18,8)0 199< 10 - - - 60,Opp - fip,Opp
Wacer
YublicWorbMainrcnance p�12] D33C FORD i550 2085 1TONSVCBOOv - 2014 10 66,995 OO,Oro IOfi,895
Water
Comm�niry5emcesVarks Poo131 P115 SEAT SPPRYER Sfi00 SpRAYUNIT <,J88 1999 10 ),000 S00 ],100 � - -
Communiry5ervicexVarks Vool31 C191 GMC% SONOMrI lOro PUCOMVAR 15,)61 1999 8 33,000 S,OW ]8,000 - - -
Cnmmuniry5erviceiParks Vool31 Q02 CNEV SONOMR 30W PUCOMPAR I5,]60 10U1 8 23,000 5,000 ]e,OW � - -
[ommuniry5erviceiParks Pool31 Cln GMC% 515 ]000 PUCOMYRR 12,113 199] 8 33,OW 5,000 28,000 - - -
Communiry5ervicesPartr Vool31 P058 SMTN NONF ]iW COMPRESSOR 8,269 1988 5 12,000 6,Oro 18,OW � - �
Communiry5ervicnVartr Pool31 YSOB SMCA SWEEVSTAR60 26C5 SWEEYER,IFAi,TOWEO 19.09< 1999 ] 35,000 - 35,000 - - -
CdnmunMSenittsParW Vool31 P090 INDP Fll<5 5000 MOWER 15,33/ 199] 30 55,000 - SS,OOU - - -
Cammuniry5ervicesParb Vool31 Ylri TORO i0W 5050 MOWER,NIDING 06,546 200f 5 65,400 � fi5,00U � - -
[ommuniry5ervicesiarks Poo131 [199 CHEV Vll 20fi0 VU3/OTON 30,5)< 2000 8 55,000 - SS,OOU - - -
Ummuniry5ervicesParW Vool33 QO6 GMC% SONOMR 3000 VIICOMVRR 16,53] Hpl e I3,000 S,OW 18,OW - - -
Comm�niry5enicesP�rb Vool31 []09 GMC% SONOMA 20ro VUCOMYAR 15,3C8 Z00] 8 13,000 5,000 Ie,Oro - � -
Communiry5ervicesVarks Poo131 NEW NEW STUMVGRINpER 6281 STUMYGRINDER - NEW 6 30,000 3,OW 23,000 - - -
Canmuniry5ervicesParks Pool31 W)e FOX� Vll ]0]5 VUITON 16,900 1995 15 - - - i0,U00 � Cp,ppp
Communiry5ervicesYartr Poo131 DO86 fOP� F350 20]0 1TONFlATBED 19,2fi] 199) 30 - � � 55,000 - SS,OW
[ammuniry5ervicnParks Vool31 QOfi GMC% SONOMA 30W PUCOMPAR 16,51] 2001 8 - - - 13,000 S,OOp 28,OW
CnmmuniryXrvcesVarks Vool31 VM2 OITH SEEDEP 3910 RTTACIIMENTS - 1985 10 - � - B4OW � 8,000
Communiry5micesVarYs Pool;i POfl9 NRTN NONE fiC25 TR4���m 3p20 193fi 30 - � - 6,000 � fi3Oro
fanmuniry5ervimiarb pool3l P09) TOVN STS 61]5 TRI,UTIIIiY 3,)51 199) 15 - - � B4OW � B4OOD
Cnmmumry5erviceiVartr Pool31 PS<t 1NDP GRTOR •N CApT,UtIL11Y 11,336 21p] 5 - � � 13,000 � 13,000
Cnmmuniry5ervi[esVarks Vool31 P126 INDP 5220 39W 1/UROX,WX 24,509 1W3 10 - � � 3p,Opp - 3p,ppp
Cnmmuniry5ervicnVarks Vaal31 V136 /NDP 1N5 5050 MOWEP,RIDING 19,630 1W5 5 - � - 6),OW - fiJ,000
Community5ervimiarb Yool31 P116 SEAT SVRAYER 5600 SVNAYIINIT 4,188 1999 10 15,OW � 15,000 - - -
[ommuniry5ervicnVarb Vool31 Cl]6 CHEV S10VICRUPCOMVAR 2000 VUCOMVACT 13,680 1996 9 30,OW 5,000 35,000 - - -
Communiry5ervicesVarks Pool31 [190 GMC% SONOMRVICKUVCOMVA120W FUCOMFAR IS,161 1999 8 30,000 5,000 35,000 - - -
[ammuniry5ervicnGarks iool3l C198 CXEV S10PICNUPCOMPAR 30W PIICOMPAR 15,351 3W0 8 30,0p0 S,OW 35,000 - - -
COmmunitykrvicexVarks Vool31 Q03 CHEV SONOMAPICKUPCOMPR�30W PUCOMVACT 15,160 3[ql B 30,000 5,000 35,000 - - -
COmmuniry5lrv�<GSfatllitil3 P00133 C183 OIEV S10VIOI1IVCOMFAR 20W PIICOMVqCf 16,90] 1998 B 30,OD0 � 30,ppp - - -
CommuniryServKnPeoeanon p�13C BOfi6 GMC% BUS 2315 BUSSVr1N 18,903 199] B 25,OW 15,000 00,000
xo�o.�or�� - - �
AGENDA ITEM #7, h)
Fund SOS-Equipment RenWl Fund
2015-2036 vehicle Acquisitions/Neplacements
W4e EWIpmeM Or4iml Yn� 307.5 3035ROWMd 1O15MteI 8136 2016Vio0mM SO16Aher
I �`°`�`"`"°� ceee rWiumee, wwe Moaei cxn w�cnqim cme nurclrue w` ca.ef�woa�eel °uM`° ��°' ��qad� °inH �re<s N0�'
FireRdmin Voo13B f06] GMOI SIiAPI 3330 VrWFf55 13,995 1999 8 25,OW fi,000 31,000 - - -
FirePrevmtionand y�q39 F062 FORD TRURUS 13f1U COMVAR 15,9)< 1999 10 23,000 0,000 26,000 - - -
Investganon
fireVrevennonanE p�39 f066 GMIX S1VNlA 3330 VrWVASS 20,]50 1999 8 25,000 9,W0 3C,OW - - -
Invextgat�on
FireSuppression FooICO F004 [MEV HICUBEVAN 230D VRN 31,103 1990 1� 350,W0 15,000 3]S,OW - - -
Fire5u0Pression YooICO FO61 EONE CYCLONEII 2500 FINETPUIX 2fie,463 1998 3� SIO,WO 10,000 530,OW - - -
Fire5u0Vresswn FooICO FO]3 INTE 1]OOAIDUNIT 2385 AidUnitMedDury 128,999 2000 ) 250,000 - ]SO,OW - - -
FireSuppression FmICO FOSJ EONE YUMVER 25W FIPETPUCK 2fiJ,411 193fi 1� Sro,WO 30,000 530,000 - - -
FireFD35 Pool/1 f2513 EONE YUMVEP 3540 FIPETRUCK 26),COl 1996 20 - - - 530,000 10,000 520,Oro
FubLCWorksMain[enance p�l<2 WB2 fOPO f<50 3U85 iTON5VCB00Y 16,113 l99] 10 ]5,000 - )5,000 - - -
Washwahr
YublicWwksMain[enan[e p�IC2 C1B) FORO RANGEX i0W YUCOMVRR 18,309 1999 8 25,000 5,000 30.000 � - -
Washwahr
PublicWorbMa�n[enance pool93 NEW NEW SEWEREASEMEMMACHII60]8 SEWEPRODDEXW/MOSEI - NEW 1� - 80,699 80,699 - - - Newlrcm,53C0
Wasttwa[er
VublicWorbMainrcnance poo113 NEW NEW PICkUPTRUCN 2060 VU3/OTON - NEW 30 - 36,536 36,536 - - - Newlttm,[lfifi
Wasttwater
VublicWorksMa�ntenance poo102 NEW NEW TRAILEX 6i25 TPAILEX-UtILITY - NEW 10 - 5,000 S,UW - - - Newltem,5239
Was[ewahr
Tobl: S 6]02395 5 SSL335 5 q�760.730 S 1A�00D 5 �5.000 5 LSLAOU
AGENDA ITEM #7, h)
CITY OF RENTON, WASHINGTON
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2015/2016 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5737 AND THEREAFTER AMENDED BY ORDINANCE NO. 5755,
IN THE AMOUNT OF$16,865,306.
WHEREAS, on November 3, 2014, the City Council adopted Ordinance No. 5737
approving the City of Renton's 2015/2016 Biennial Budget; and
WHEREAS, on April 13, 2015, the Council adopted Ordinance 5755 carrying forward
funds appropriated in 2014, but not expended in 2014 due to capital project interruptions and
delays in invoice payments, that needed to be carried forward and appropriated for
expenditure in 2015; and
WHEREAS, minor corrections and the recognition of grants, contributions and
associated costs and new cost items not included in the budget require additional adjustments
to the 2015/2016 Biennial Budget;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS: '
SECTION I. Ordinance Nos. 5737 and 5755 establishing the City of Renton's
2015/2016 Biennial Budget are hereby amended in the total amount of $16,865,306 for an
amended total of$569,702,499 over the biennium.
SECTION II. The 2015 2"d Quarter Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2016 Adjusted Budget Summary by Fund is hereby attached as
Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City
Clerk, Renton City Hall.
1
AGENDA ITEM #7. h)
ORDINANCE N0.
SECTION II1. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence 1. Warren, City Attorney
Date of Publication:
ORD:1871:7/6/15:scr
2
-- .
ORDINANCE NO.
Exhibit A: 2015 2nd Quarter Budget Adjustment Summary by Fund
II BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE
�..,.,, ..,......,__...... . .....---....,, _..---.,,. . ..... _ .., , -----._.. ...•---._•- . .. , .. ...
Available
2015 Beg 2015 Adj 2015 2015 2015 2015 Ending Fund Reserved/ Fund
Fund Fund Bal Changes Fund Bal Budgeted Changes Adjusted Budgeted Changes Adjusted Balance Designated Balance
OOO:ti�i. 11,159.313 • 12,I59.313 83A31,472 SA34,000 84,865,472 , 86,�,897 386,168 87,025,065 . 8,999,T19 8,999�719
001 COMMUNITYSERVICES 2,467,703 - 2,467,703 12,478,920 - 12,478,920 12,608,356 - 12,608,356 2,338,267 2,338,267
003 S'�iEkT5. 1.147,229. • Y,1d7,229 10,�711 89,531 10;iK,242 10,263,yi1 89,531 10,35�;24� I,980,229 ' 1.9$0,229
004 COMMUNITYDEVELOPMENTBLOCKGRANT 74,951 - 74,951 462,908 - 462,908 448,804 - 448,804 89,055 89,055
QOS iMtiS�M 6S,5t10 - 65,500 227,76I - 227,761 227,761 - 22J,761 . 65,500 65,50Q
009 FARMERSMARKEf 104,950 - 104,950 59,400 - 59,400 59,453 - 59,453 104,897 (104,897) -
011 Ft�At+��kAHtfiFNCOSMCf�EId3HdeWEtlNFSS 74;565' • 74,565 25,�0 - 25,000 25.000 • 25,�1 74,565 {7d?565) •
21X GENERAL GOVERNMENT MISC DEBT SVC 1,471,071 - 1,471,071 6,463,588 13,691,804 20,155,392 6,463,588 13,687,700 20,151,288 1,475,175 - 1,475,175
10ti1 tienl4►Ai C�OV�ef11111etttdl funds 17,S6S,2S2 • 17,564,� 113.?A5,76Q 15,215,335 12E,�1'r1,095 116.735,570 14,�,� 130.893,969 15,127/107 (179,�621 14.847.945
IO2 11RYEAl/4i.SiREE15 14,885 � - 14,8$5 640,000 - 640,000 640,000 - 640,000 14,885 14,885
108 LEASEDCITYPROPERilES 121,014 - 121,014 768,957 - 768,957 663,403 - 663,403 226,568 226,568
1�`�LHOlE4N�01ECTAX . 219,09Q - 2i4.040 265,� - 265,t100 283,942 • 283,942 - 200,T48 200,148
125 ONEPERCENTFORART 101,380 - 101,380 15,000 - 15,000 102,950 - 102,950 13,430 13,430
t27'�GOIu�AIJI�NCAAt'1GtrS0Ei+8.OPk�N'I' 31$,090 � 313,Q9q '� 93,67h - 97,B%4 1Y7,674 - , 11R,6'14 393,090 193,U50
, 135 SPRINGBROOKWETLANDSBlwK 330,922 - 330,922 - - - - - - 330,922 330,922
303-CE��NkJMiYir!�111C'Esn�wACrMfnGAnoH 1.z38,G00 - 1,238,60U 86,500 - 86,� - - - 1.325,100 i,325,i00
304 FIREIMPACTMITIGATtON 926,488 - 926,488 99,000 - 99,000 250,000 - 250,000 775,488 775,488
II 3�:7R�RiP�Rfl►11fNtIN�ACTA�t�1bM 8i4�61$ " - $44.648 216,50Q 383,500 600400 391,OOQ 761,335 1,152,335 292,313 292,313�
' 316 MUNICIPALFACILI7IESCIP 4,493,986 - 4,493,986 4,718,145 827,870 5,546,015 8,918,715 827,870 9,746,585 293,416 293,416
' $1'�t�t'A1,IMPNOV�AEMf 4,�59.7#8 • 4,q5�;T18 18.683,29Z 290�32� 18,973,514 22,0B3,404 290�332 22.353,726 679�606 {b50,000)� 29,G06
326 HOUSINGOPPORTUNITY/ECODEVREVOIVING 1,086,766 - 1,086,766 - - - 75,000 - 75,000 1,011,766 (1,000,000) 11,766
�&f�vitt�RARYDpV�tb�M9�1' 15,329,TG0 - 25,3Z9,78Q . . . 15,324,1'60 - 15,329j760 . -
402 AIRPORT OPERATIONS&CIP 806,821 - 806,821 16,5%,888 - 16,596,888 16,469,927 - 16,469,927 933,782 (172,053) 761,729
10�'�GlIE>WlISiEU�UIY 1,515,G06 • 1,545,606 16,461,726 - 16,461,726 16,675,139 - 16,675,239 . 1,332,193 {4Q0,000) 932,193
404 GOLF COURSE SYSTEM&CAPITAL (42,911) - (42,911) 2,655,383 - 2,655,383 2,616,052 - 2,616,052 (3,580)� - (3,580)
IqS.iNAT�IFt'�R#1'ItJNS$iCAPETAI. 15.8T2`,094 � 15,871;,09Nt 16,272,&34 • 16,272,634 20,799.381 - 2Q799.381 21,345,347 (2,83Q,093), 8,515,254
406 WASTEWATER OPERATIONS&UIPITAL 10,905,399 - 10,905,399 28,617,862 - 28,617,862 30,226,798 - 30,226,798 9,296,463 (1,695,988) 7,600,475
����i���r,cr�n:.a�u►�ttms�taa�ra� i,eae;u� � . ° 7,aoa,x2�, i�zna,sss - 17.Zaa,sbs 2r;�i�.�o : z�,i%ti� : ��,asi;�. tl.o�a.i�� x,i��,6t�
501 EqUIPMENTRENTAL 5,310,319 - 5,310,319 5,779,036 122,235 5,901,271 6,878,442 558,335 7,436,777 3,774,813 3,774,813 n
50����kliflitiCE 12,06�J,311 - 12;�9,3YY 5,642,�i7 - 5,6d2.647 3554,578 - 3,5944,'S78 14;116:380 t14:3QB.T68� (191,888� �
503 INFORMATIONSERVICES 1,916,048 - 1,916,048 4,631,231 46,400 4,677,631 5,606,865 46,400 5,653,265 940,414 940,414 m
SC�I f0.�-�.. 1,i54,489 - l:�A89 d,�4.325 - 4;954.325 .: S;I2S,�I6 , ; 5,11'.�71� 993;G9B� ,'992,b� �
505 COMMUNICATIONS 383,969 - 383,969 992,431 - 992,431 991,430 - 991,430 384,970 384,970 O
51�'I�Aft�Ai�iF�- 6,6T5,5d5 . 6:675�5�'i . „`22,�54i736 - 17.95d.T3b , a3,d24,57"3 � 18,424.573 - b,205�fi68 (4,0�"!�3'7'2} 2�1'7$,295 �
522 LEOfF1RETIREESHEALTHCARE 7,711,863 - 7,711,863 2,271,434 - 2,271,434 1,115,744 - 1,115,744 8,867,553 (223,149) 8,644,404 �
s3�,;;�oe+siori`, "3:o�,�t - :.s,aco,�i' :�s.tab �.` a�000 iia,ats • 2xo<�s .�'� s.i�s,ini'. is.�s.�1 ` �1
To�oc�e.Fw+ds �.ss� . w�z�,� �st,� � i�a,� s�,�s,,�a �a�,xsz �s,za.�to. n,n�a� css,�.su, .s.io4.us n�j1
TOTA17AtEfUNDS 123,�.�5 • 123.798.945 274,3?f.7Z4 16,�5,662 291.263�391 .. 310.493,51E 16.6d7,661 327,141,179 87,921.156 (31,888.0l6) 56,�ZA70 i
�
3 V
� I
�
ORDINANCE NO.
Exhibit 8: 2016 Adjusted Budget Summary by Fund
� BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE
2016 2016 2016 2016 Available
2016Beg 2016Adj. Budgeted Adjusted Budgeted Adjusted EndingFund Reserved/ Fund
Fund Fund Bal Changes Fund Bal Revenue Changes Revenue Expenditure Changes Expenditure Balance Designated Balance ',
Od0�llll dr505�869 �493,850 8,999,719 86,749.334 - 86,749,334 86.757.519 5,000 86,765,519 8,983,534 8,�3,534
001 COMMUNITYSERVICES 2,022,533 315,734 2,338,267 12,727,828 - 12,727,828 12,727,828 - 12,727,828 2,338,267 2,338,267 �
t1113 STI�"S . '�_ 1,5�;'�6 3�,663 1,99Q.229 10.A47,� 123,6b0 10,531,584 �0,�47,�4 �52,421 30,600,405 1.951,408 1,9S2,406 I
004 COMMUNIiYDEVELOPMENTeLOCKGRANT 24,301 64,754 89,055 307,462 - 307,462 295,986 - 295,986 100,531 100,531 '
005�N�IlM. `;> ".+2,979 12,S2I 6S,�If Z35,281. •. 235.�81 235,281 " - 235,18# 65,SU0 65,500 ''
009 FARMERS MARKET 75,551 29,346 104,897 59,400 - 59,400 63,315 - 63,315 100,982 (100,982) - 'I
��l�1d����tCYSYCHEAI.TM&1NH.tt�55 55,094 19,471 �4,N5 25,000 - 25.000 25,000 - 25,000 74,565 (74565) , �i
21X GENERALGOVERNMENTMISCDEBTSVC 1,115,674 359,501 1,475,175 6,248,676 - 6,248,676 6,248,676 - 6,248,676 1,475,175 - 1,475,175 ,
Tot�ll'3�1MRMM1'6tlIYi1[n111r1rtaiWnAs 13,t33,567 . 1,693,8+10`,. 15.�27.�0'! il6,i00.9B5 323.bG0 116.9i�,56S 116,lfli,is9 160A21 316,96t,010 . 15.0�,'�. (175,'S4'� ��M14 '
iQ2-lYCt8tU1t3�1'S. 15,589 (SO4) 14,885 .,` 65U,a00 . 631t.i�011 6�O,dOl1 � - . 650,OOb 14,$85 14;884
108 LEASEDCIiYPROPERTIES 473,815 (247,247) 226,568 768,957 - 768,957 671,979 - 671,979 323,546 323,546 i
i10 sr�ancHa�.�ro.r,� us,� u,i�s zoo,ias ; i�s.aoa - z�,000 �s,000 - 265,uaa zoo,fas zoo,ias I
125 ONEPERCENTFORART 4,821 8,609 13,430 15,000 - 15,000 - - - 28,430 28,430 ,
32T CABIECONMdUM1IG7W�kSDEVEtOPMe�R 285,632 7,+t58 293,q90 97,674 97,674 97,674 - 97,674 243,090 293,090
135 SPRINGBROOKWEfLAND58ANK 669,613 (338,691) 330,922 - - - - - - 330,922 330,922 �
303 C�MNtlMTYSBNICpSI1rPACTM1i1GA'110f1 1,15I.118 127,982' 1,325,100 86,500 - 86,500 - - - . 1,41I,6Q0 i,411,fi00
304 FIREIMPACTMITIGAiION 695,165 80,323 775,488 99,000 - 99,000 250,000 - 250,000 624,488 624,488
3�S tRANSPoarA7ra+nNpRerbartKianoM �ss.G85 {a71,3n) 29z,ai3 ziG,soo - 235,soo - . . Sps,813 s�,ai3
316 MUNICIPALfACIIITIESCIP 424,689 (131,273) 293,416 5,103,000 - 5,103,000 5,392,000 - 5,392,000 4,416 4,416
31t`CAVffAl1MRRQv�IT 327,434 352,172 679,606 6,582,00(1 - 6,582,000 6,831,590 - 6,831,590 430,Oib (400,Oi)0� 30,016
326 HOUSINGOPPORTUNITY/ECODEVREVOLVING 1,010,599 1,167 1,011,766 - - - - - - 1,011,766 (1,000,000) 11,766
336 t�Wl18RARYDt11F10Ptu�lT 57,000 (5�,000) - - - • . . . . •
402 AIRPORTOPERATIONS&CIP 623,969 309,813 933,782 3,473,293 - 3,473,293 3,786,185 - 3,786,185 620,890 (177,896) 442,994
�3�1F?WASTEttfIRiTY 1,D44.3d2 Z87,85i 1,3�i,i93 >16�514,32d - 16,514,920 iT,1�b4,532 • 17,1�4,532 701,98a i40R,000} �1,980
404 GOLF COURSE SYSTEM&CAPITAL 151,022 (154,602) (3,580) 2,812,793 - 2,812,793 2,303,479 - 2,303,479 505,735 (306,592) 199,143
�:VYJ1�R bhER#TIONS 8lCAflITAI 10.566,� 780,Q44 �2;3+45,947 ,.�36,308,371 - 16.3E1$�371 17,�,664 - 1�,894,664 9.759ASS I2,864,594� 6,$94,465
406 WASTEWATER OPERATIONS&CAPITAL 8,430,756 865,707 9,296,463 26,417,398 - 26,417,398 25,885,356 12,224 25,897,580 9,816,281 (1,711,872) 8,104,409
407'5l�1tFiA�E 1R►it'i'�R fN�R�TIONS&CApI?At 3,�6,916 484;89� 3.$5i,$09 9 859,250 • 9.85+�,250 10,026,642 - 10,016,602 ` 3,6$4A26 li,i1f,253I �§57,�fi4
501 EqUIPMENTRENiAL 3,865,586 (90,773) 3,774,813 5,921,100 49,045 5,970,145 4,203,192 45,000 4,248,192 5,496,766 5,496,766 �
5021W5�lAIY�E : 12,504,225 1,611,155 14,116,380 3,991,101 • 3,492,2b1 " 3,509;594 - 3,509,3'94 : 14,597,988 (14,316,191) 281,�9f ^
503 INFORMATION SERVICES 833,056 107,358 940,414 4,702,271 - 4,702,271 4,712,338 - 4,712,338 930,347 930,347 V�
50i fACil111� 720,J24 . 281,T/4 992,698 _ 4,930,944 - 4,9�,�4 4,926,� • 4,926.946 996,697 �,�97 �
505 COMMUNICA710N5 328,743 56,227 384,970 1,027,739 - 1,027,739 1,026,738 - 1,026,738 385,971 385,971
512 F�iF;1F1�Ai��+f�SANCE 5,950,595 255,073 6205,668 . 14,295;$24 - 14,295,82A 14,596,1d9 - 14,596,149 5,905,343 (4,378,845) 2,�26,498 0
522 LEOFFI RETIREESHEALTHCARE 7,745,1H0 1,122,373 8,867,553 2,272,207 - 2,272,207 1,167,553 - 1,167,553 9,972,207 (9,972,207) - �
61x�Y1�5P�QFF 5.ifi5.003 133,504 5,2�,SQ7 468,t104 - 468,000 ZU0,475 - 100,475 . SS66,032 �5.5664321 � �
'CQ��"Ml11lf FEi� ' 6f,312,793 Sr�,9S6 72,793�749 :126.E78�3�2 49�W5 lZ6.92Y,3$7 125,542�0116 57,� iZs.s'99.330 .�4.12i.Xt26 (42.27�1;4Eif� 31�910,3�16 �
'1�0�tJ�.JiLt�FUND�'- 80,�8.360 7,114„796 E7,92f.156 ?A3�674.307 ST2,645 tA3�a5i,952 Z@,3�3.i75 217.645 242.561,3� :l9.21�;7a6 1u,337,0�) ,6,l2�.760 �
2yN�lodd 123.798.9�5 51EAS7,036 17.058,307� 535,315.343 552,837,193 16,865,306 569.7U2,494 89,211,786 �42.387.028) A6,�,760
�
4 �
�
AGENDA ITEM # 9. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING
DATE TO VACATE AN ALIEY ADJOINING 555 SW GRADY WAY BETWEEN
SENECA AVENUE SW AND LIND AVENUE SW (DALE WALKER OF D&C
INVESTMENTS, LLC, PETITIONER;VAC 15-002).
WHEREAS, a petition has been filed with the City Clerk of the City af Renton on or about
May 6, 2015, pursuant to the requirements of RCW 35.79, petitioning for the vacation of an
alley adjoining 555 SW Grady Way between Seneca Avenue SW and Lind Avenue SW, as
hereinafter more particularly described, and the petition was signed by the owners of more
than two-thirds (2/3) of the property abutting upon the street sought to be vacated, and same
I being described in Exhibit "A", and depicted in Exhibit "B", attached he�eto and made a part
hereof as if fully set forth herein:
[An alley adjoining S55 SW Grady Way between Seneca Avenue SW and Lind
Avenue SW].
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. That the 3`d day of August, 2015, at the hour of 7:00 p.m. at the City
Council Chambers at City Hall, Renton, King County,Washington, is hereby fixed as the time and
place for a public hearing to consider the above-mentioned petition for vacating an alley
adjoining 555 SW Grady Way between Seneca Avenue SW and Lind Avenue SW, which hearing
date is not more than sixty (60) nor less than twenty (20) days from the date of passage of this
resolution.
1
AGENDA ITEM # 9. a)
RESOLUTION NO.
SECTION II. The City Clerk is hereby authorized and directed to give notice of the time
and date of this hearing as provided by RCW 35.79.020 and any and/or all persons interested
therein or objecting to this vacation may then appear and be heard, or they may file their
written objections with the City Clerk at or prior to the time of hearing on the vacation.
SECTION III. The City Council shall determine, as provided by RCW 35.79.030, as to
whether an appraisal shall be secured to determine their fair market value of the property
sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation
to be paid by the Petitioner-Owners to the City for such vacation.
The City likewise reserves the right to retain an easement for public utility and related
purposes.
PASSED BY THE CITY COUNCIL this day of , 2015.
lason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RE5.1673:6/10/i5:scr
2
AGENDA ITEM # 9. a)
RESOLUTION N0.
EXHIBIT "A"
ALLEY VAC
ORDINANCE NO.
THAT PORTION OF BLOCK 27,C.D HlLLMAN'S EARLINGTON GARDENS NO 1 ADDITION
TO RENTON.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF
� PLATS.PAGE 74, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS
8EGiNNiNG A7 THE SOUTHWEST CORNER OF lOT 31 IN SAIO BIOCK 27,
THENCE NORTHEASTERLY ALONG THE SOUTH LINE OF LOTS 31 THROUGH 17 TO ITS
iNTERSECTION WITH THE WESTERIY RIGHT-0F•WAY MARGIN OF LIND AVENUE SW;
, THENCE SOUTHERLY AIONG SAIO WESTERIY RIGNT-0E-WAY MARGIN TO ITS
INTERSECTION Wll'H THE NORTH LINE OF LOT 46 OF SAID BLOCK 27,
' THENCE SOUTHWEST�RIY ALONG THE NORTH IINE OF I.OTS 48 THROUGH 32 OF
SAID BLOCK 27 TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY MARG�N
OF SENECA AVENUE SW,
THENCE NORTHERLY ALONG SAID EASTERIY RIGHT-OF-WAY MARGIN TO THE POINT
OF BEGINNING,
, SlTUATE IN THE SOUTHWEST QUARTER OF THE NORTHWES7 C�UARTER OF SECTION
19. TOWNSHIP 23 NORTH, RANGE 5 EAST,W M, IN THE CITY OP RENTON, KlNG
COUNTY,WASHING70N
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3
AGENDA ITEM # 9. a)
RESOLUTION NO.
EXHIBIT *BA
ALLEY VAC �_.,.____���____,r
OROlNANCE ND. _,_,_�____�___
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4
AGENDA ITEM # 9. b)
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENYON, WASHINGTON, AMENDING SECTION
2-9-8 OF CHAPTER 9, PARKS COMMISSION, OF TITLE II (BOARDS AND
COMMISSIONS), AND SECTIONS 6-14-9 AND 6-14-22 OF CHAPTER 14,
LITTERING, OF TITLE VI (POLICE REGULATIONS) OF THE RENTON MUNICIPAL
CODE, MODIFYING THE PARK RULES AND REGULATIONS BY AMENDING THE
REGULATIONS RELATED TO LITTERING IN PARKS; ADDING TWO NEW
SUBSECTIONS 2-9-8.6.16, "URINATING IN PUBLIC", MAKING URINATING AND
DEFECATING IN A PUBLiC PLACE OR IN PUBLIC VIEW A CRIMINAL VlOLATION,
AND 2-9-8.C.18 "SMOKING", MAKING SMOKING WITHIN PIAZZA PARK,
GATEWAY PARK, BIG 5 LOT, AND NORTH SIDE OF THE RENTON PAVIUON
EVENT CENTER A CIVIL VIOLATION; AND REMOVING CONFLICTING LANGUAGE
FROM RMC 6-14-9,AND AMENDING LANGUAGE IN RMC 6-14-22.
WHEREAS, in an effort to improve and secure public health and safety in city parks,
Renton is amendingthe Renton Park Rules and Regulations; and
WHEREAS, for the purpose of improving and securing public health and safety in and
around Piazza Park, Gateway Park, the former Big 5 lot, and the north side of the Renton
Pavilion Event Center, due to their proximity to Renton's commercial center, schools, and
businesses, and the ne ative impact that smoking and second-hand smoke has on potential
g
patrons of those businesses,the business employees, and the businesses themselves, Renton is
making smokin�in those locations a civil infraction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 2-9-8.B.12, Littering, of Chapter 9, Parks Commission, of Title
II (Commissions and Boards) of the Renton Municipal Code, is repealed and subsections 2-8-
9.6.12 through 2-9-8.6.16 shall be renumbered accordingly.
1
AGENDA 1 TEM # 9, b)
ORDINANCE NO.
SECTION II. Subsection 2-9-S.B, Criminal Violations, of Chapter 9, Parks Commission,
of Title II (Commissions and Boards) of the Renton Municipal Code, is amended to add a new
subsection 16,to be entitled "Urinating in Public" and to read as follows:
16. Urinatin� in Public: Urinate or defecate in a public place or in a place
open to public view, consistent with RMC 6-8-11.A.4.
SECTION III. Subsection 2-9-8.C.17, Alcohol, of Chapter 9, Parks Commission, of Title II
(Commissions and Boards) of the Renton Municipal Code, is amended as follows:
17. Alcohol: Possess an oaen container or consume alcoholic beverages
except in areas designated by the Administrator and/or durin� certain
Administrator authorized events. Designated areas are (a) Maplewood Golf
Course, when such beverages are purchased and consumed within the
concessionaire's licensed premises; and (b) designated areas of the Renton
Community Center and Renton Senior Activity Center facilities as part of a facility
rental. All activities shall comply with all Washington State Liquor Control Board
requirements.
SECTION IV. Subsection 2-9-8.C, Civil Violations, of Chapter 9, Parks Commission, of
Title II (Commissions and Boards} of the Renton Municipal Code, is amended to add a new
subsection 2-9-S.C.18, to be entitled "Smoking" and to read as follows:
18. Smokin�: Smokin� tobacco, tobacco bvproducts or other smoke-emittinR
substances within Piazza Park, Gatewav Park, the former Bi� 5 lot, and the north
side of the Renton Pavilion Event Center. For purposes of this section, "smokin�"
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AGENDA 1TEM # 9, b)
ORDINANCE NO.
is defined as the carrvin� or smokin� of anv kind �f li�hted pipe. ci�ar, ci�arette,
or anv other IiRhted smokin�equipment.
SECTION V. Subsection 2-9-8, Park Rules and Regulations, of Chapter 9, Parks
Commission, of Titfe II (Commissions and Boards) of the Renton Municipal Code, is amended to
add a new subsection 2-9-8.D, to be entitled "Littering" and to read as shown below.
I Subsections 2-9-8.D through 2-9-8.E shal! be re-lettered accordingly.
D. Litterin�: Litterin� is prohibited. pursuant to RCW 70.63.060 ILitterin�
prohibited — Penalties — Litter cleanuq restitution qavmentl. Litterin� includes
throwin� or depositin� anv refuse or other materiai in anv oark, except in
desi�nated receptacles: takin� �arba�e or refuse �enerated outside a park to a
Aark for disqosal: unlawfullv dumpin� vard waste. litter, or debris in anv park;
and failin�to remove or aroperlv dispose of partv decorations. includin�, but not
limited to, pinatas, streamers, balloons, or picnic items, such as paper or plastic
plates or cups or table coverin�s.
SECTION VI. Subsection 6-14-9, Litter in Parks, of Chapter 14, Litter, of Title VI (Police
Regulationsj of the Renton Municipal Code, is repealed and marked "Reserved":
6-14-9 LITTER IN PARKS:
_. ... ..^•,
..+..,.i.,.- .,�a : ,.�. .. .h..« .►.,, i:�+,,. , .;u �.� .. .,�„a r.,..... �,,,:.,,.
s�ree� er e�k�er-pa�1;�FaE� ��,�. .,�,�:,. . .,..}..,.�„� ., .,rtt .,r�..,a,.a� ..�� � ,,.�
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AGENDA I TEM # 9. b)
ORDINANCE N0.
. Reserved.
SECTION VI1. Subsection 6-14-22, Violation; Penalties, of Chapter 14, Litter, of Title VI
(Police Regulations)of the Renton Municipal Code, is amended as follows:
6-14-22 VIOLATION; PENALTIES:
..�..«.. .,..A���fA�f$��".. �c�I.c� .•,,,_,ci,v.Pic�
...___ ���
. �
. Penalties for any person found to have committed a
violation of this chapter shall be in accordance with RCW 7.80.120 and RCW
70.93.060.
SECTION VI11. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2015.
lason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis law, Mayor
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AGENDA ITEM # 9. b)
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1872:7/1/15:scr
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AGENDA ITEM # 9, c)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
ASTOUND BROADBAND, LLC, D/B/A WAVE, AUTHORIZED TO DO BUSINESS
WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND
• ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER,ALONG, OVER, BELOW,THROUGH AND ACRO55 THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT-OF-WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized, and
words in the singular include the plural. Undefined words shall be given their common and
ordinary meaning.
1.1 Administrator: Means the Administrator of Renton's Public Works Department
or designee, or any successor office responsible for management of Renton's public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
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AGENDA ITEM # 9, c)
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1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys'
fees.
1.4 �: Means calendar day(s) unless otherwise specified.
1.5 Facilitv or Facilities: Means, collectively or individually, any and all fiber optic
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be tocated across, above, along, below, in, over, through, or
underground. Facilities do not include new utility and/or antenna poles for overhead lines,
wires, cables and/or antenna, or any noise-creating equipment.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights-of-Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city-owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
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AGENDA ITEM # 9. c)
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1.8 Franchisee: Means Astound Broadband, LLC, authorized to do business within
the State of Washington, and its respective successors and assigns, and when appropriate
agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated
under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the
Comprehensive Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water
Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide,
Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act,
RCW Chapter 70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as
they exist or may be amended; or any other Laws. The term "Hazardous Substance" shall also
be interpreted to include any substance which, after release into the environment, will or may
reasonably be anticipated to cause death, disease, injury, illness, abnormalities, behavioral
abnormalities, stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities
General — Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service —
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AGENDA I TEM # 9, c)
ORDINANCE N0.
Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and Astound Broadband, LLC.
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton's present and/or future control and/or jurisdictional boundaries.
1.13 Public Wavs: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights-of-Way for motor
vehicles or any other uses under Renton's control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.14 Ri�hts-of-Way: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.Tariff: Has the meaning provided in WAC 480-80-030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
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AGENDA ITEM # 9. c)
ORDINANCE NO.
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480-80. (WAC 480-120-026 (Tariffs)).
1.15 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.16 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee's request.
SECTION I1: Purpose
2.1 Authoritv: Under RCW 35A.47.040, Renton's City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions re�ating
to Franchisee's use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public's best interests after this ordinance becomes effective. This
Franchise is granted subject to Renton's land use authority, public highway authority, police
powers, franchise authority, and any other case law, statutory or inherent authority, and is
conditioned upon the terms and conditions provided in this Franchise, and Franchisee's
compliance with all Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority to
grant other or further franchises in any Rights-of-Way and any Franchise Area. This and other
franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or
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AGENDA ITEM # 9, c)
ORDINANCE N0.
affect its jurisdiction over them or any part of them, and Renton retains absolute authority to
make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as Renton may see fit, including the dedication, establishment,
maintenance and improvement of all new or existing Rights-of-Way, Public Property or Public
Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5-19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right-of way), and 80.36.040 (Use of
road, street, and railroad right-of way–When consent of city necessary), and any related laws,
Renton grants to Franchisee, a Washington limited liability company, and its successors and
assigns (subject to and as provided for in Section 6, Assignment and Transfer of Franchise),
under this Franchise's terms and conditions, the privilege to install, construct, operate,
maintain and improve its Facilities, together with all necessary equipment and appurtenances,
for the provision of telecommunications, private line, and internet access services, within the
existing Franchise Area, such lands being more particularly described in Attachment 1 which is
attached and fully incorporated by reference into the Franchise. Without a separate franchise
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AGENDA ITEM # 9. c)
ORDINANCE NO.
agreement, Franchisee shall not have the privilege to provide cable services in the City of
Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the
Franchise Area. This privilege shall not limit Renton's police powers, any statutory or inherent
authority,jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning or land use
authority. The terms and conditions of this Franchise shall not be construed to apply to
Facilities located outside of the Franchise Area. This Franchise does not confer upon Franchisee
any privilege to install or use any Facilities outside the Franchise Area, including city-owned or
leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, private line, and internet
access services. The Franchisee may use its Facilities' excess capacity, however, Franchisee
may not use, convey, lease or share excess space within the Franchise Area.
3.4 Franchise is Non-Exclusive: As detailed in Section 8, below, Renton grants this
non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider(as those terms are used in RCW 35.21.860).
3.5 Acknowled�ement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
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AGENDA ITEM # 9. c)
ORDINANCE N0.
believes that the same are consistent with all Laws. If in the future Franchisee becomes aware
that a provision of this Franchise may be unlawful or invalid, it will not use such potential
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise
Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30) days
and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
3.7 Existin� Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise) may be maintained, repaired and operated by Franchisee at the location where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
however, that no such Facilities may be enlarged, improved or expanded without Renton's prior
review, written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Len�th of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee's acceptance of the terms and conditions of this Franchise and the City
Council's passage of this ordinance, and shall remain in effect for ten (10) years, unless it is
terminated pursuant to Section XIII, Termination, Violations, and Remedies. At any time not
more than two (2) years nor less than one-hundred and eighty (180) days before the expiration
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AGENDA ITEM # 9, c)
ORDINANCE NO.
of the Franchise Term, Franchisee may make a written request and Renton may consider, at its
sole discretion, renewing this Franchise for an additional five (5) year renewal period, unless
either party expresses its intention in writing to terminate this Franchise at the conclusion of
the ten (10) year term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City
Attorney Department, for review or inspection of activities undertaken through the authority
granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate of salary, including applicable
overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual
cost basis.
5.2. Utilitv Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
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AGENDA ITEM # 9. c)
ORDINANCE N0.
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under Laws.
5.6. Emer�encv Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty-five (45)
days of Renton's submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by
Renton in planning, constructing, installing, repairing, altering, or maintaining any city facitity
due to the presence in the Public Way of Franchisee's Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assi�nment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton's rights to subsequently enforce Franchise related non-comp�iance
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AGENDA ITEM # 9, c)
ORDINANCE N0.
issues that existed at or before Renton's consent. Any telecommunications assignee or
transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file
written notice of the assignment or transfer with Renton, together with its written acceptance
of all of the Franchise terms and conditions. The Franchise terms and conditions shall be
binding upon the Parties' respective assigns and successors. Notwithstanding the foregoing,
Franchisee may pledge the Franchise for security purposes only with the City Council's consent,
and consent shall be required for Franchisee to transfer the Franchise or Facilities to a creditor.
The rights of any transferee are subject at all times to the terms and conditions of this
Franchise, and no transferee will have any greater rights under this Franchise than the rights of
Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, �
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or I'
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
SECTION VII: Compliance with Laws- Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2. Incorporation of RMC 5-19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
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ORDINANCE N0.
7.3. Le�itimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given
issue is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee's actions related to a specific Franchise
issue.
SECTION VIII: Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee's
use and placement of its Facilities in any Rights-of-Way and/or any Franchise Area.
8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton's use of the Franchise Area, consistent with this Franchise; or Renton's
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits,Construction and Restoration
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AGENDA ITEM # 9, c)
ORDINANCE N0.
9.1 Free Passa�e of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
9.2 Permit Application Repuired: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee's Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
� such Facilities in relation to existing Franchise Area, collectively referred to as the "Plans." The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as-built
plans and, when available, digital facility location data in a format compatible with Renton's
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton
of any time or date that Franchisee is performing Work within the Franchise Area to allow
Renton to inspect such work.
9.3 Borin� Required: Work involving undergrounding of Franchisee's facilities within
city streets shall be accomplished through boring rather than open trenching whenever
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AGENDA ITEM # 9, c)
ORDINANCE N0.
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Facilitv Placement: The Parties intend that the specific location of Facilities
within the Franchise Area (and similar facility-related matters of a specific nature requiring
detailed case-by-case analysis) is to be determined in accordance with applicable Laws
(including,without limitation, rights of appeal).
9.5 Lateral Suqport: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton's sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee's sole expense, to take such actions as are reasonably necessary within the
Franchise Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to
take prompt action, or if an emergency situation requires immediate action, Renton may enter
the Franchise Area and take any action necessary to protect the public, any Public Way, Public
Property, and Rights-of-Way, and Franchisee shall be liable to Renton for all costs, fees, and
expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise for a period of five (5)years.
9.6 Limits on Construction: No park, public square, golf course, street Rights-of-Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
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AGENDA ITEM # 9. c)
ORDINANCE NO.
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton's issuance of any permits, Franchisee shall,
upon the Renton's request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by Renton as sufficient to ensure performance of Franchisee's obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty-five
thousand dotlars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfulfy perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area.The bond shall ensure the faithful
performance of Franchisee's obligations under the Franchise, including, but not limited to,
Franchisee's payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee's perFormance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton's bond requirements by
posting a single on-going performance bond in an amount approved by Renton.
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9.8 Workmanship: All Work done by Franchisee or at Franchisee's direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee's Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee's activities (including work done at
Franchisee's direction or on its behalf) shall not damage or interference with other franchises,
licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee's Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on-site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Dama�e Durin� Work: In case of any damage caused by Franchisee, or by
Franchisee's Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirement established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must
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repair the damage. In the event Franchisee does not make the repair as required in this section,
Renton may repair the damage, to its satisfaction, at Franchisee's sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee's
Facilities within the Franchise Area, restore the surFace of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights-of-Way, sidewalks and other improvements or amenities shalt conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton's Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration
pursuant to applicable Laws, as they exist or may be amended or superseded, provided that
such provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survev Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332-120 (Survey Monuments — Removal or
Destruction), and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
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including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton's notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee's sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications tines or Facilities without Renton's express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee's failure to submit and adhere to Franchisee's plans and schedule in relocating or
installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
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Renton's request, also attend construction meetings pertaining to performance of Work within
the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee o'r Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the Party causing the
excavation to be made; and (b) such joint use sha�l be arranged and accomplished on terms and
conditions satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton's approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton's approval on each occasion such product is applied
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in accordance with such procedure. Franchisee shall notify Renton of any accident by I
Franchisee involving Franchisee's use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty-four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance(s) to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee's acts or omissions, Renton's
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
be at Franchisee's sole expense. Franchisee shall be solely responsible for any expense or cost
related to environmental mitigation requirements imposed, by operation of applicable Laws or
otherwise.
SECTION XII: Emergency Work- Permit Waiver
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12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee's Facilities within
the Franchise Area pose an immediately endanger the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee's immediate
action for the protection of Facilities, Renton's property or any individual's property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency
Services Department through the dispatch system of the emergency; and (2) Franchisee informs
Renton's permitting authority of the nature, location, and extent of the emergency, and the
work to be performed, prior to commencing the work if such notification is practical, or where
such prior notification is not practical, Franchisee shall notify Renton's permitting authority on
the next business day; and (3) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
12.3 Public Service Obli�ations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee's ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee's Facilities.
SECTION XIII: Records of Installation
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ORDINANCE N0.
13.1 Future Construction Plans: Upon Renton's written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall such
plan be construed as a proposal to undertake any specific improvements within the Franchise
Area.
13.2 As-Built Drawin�s: Upon Renton's written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Desi�n Locates: Upon Renton's written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third-Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any third-party without the prior notice to Franchisee, unless the third-party is
an authorized governmental entity of any tier or a public records requestor. Renton will
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provide Franchisee with notice of any pubiic records request for Franchisee paperwork as soon
as reasonably practicable.
13.5 Utilitv Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities �'
Under�roundin� Required for New Facilities: Consistent with RMC 4-6-090.0
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in I�
Renton's reasonable estimation for it to be done; provided that installation of wires, cables,
conduits and similar equipment will be permitted and installed pursuant to the provisions of
any applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
aboveground, Franchisee may install its Facilities above ground.Any new Facilities to be located
aboveground shall be placed on existing utility poles. No new utility poles shall be installed in
connection with placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton's
utilities, improvements and infrastructure and capital improvement projects. Whenever Renton
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undertakes (or causes to be undertaken) any public works improvement within the Franchise
Area, and such public works improvement necessitates the relocation of Franchisee's then
existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton's intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton's plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton's final plans and specifications for incorporation into Renton's
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee's relocation
costs. The retocation completion date will be included in Renton's written request for said
relocation to Franchisee. Franchisee shatl be solely responsible for any associated cost caused
by any construction delays to Renton's project due to Franchisee's failure to comply with
Franchisee's plans and schedule in relocating or installing Franchisee's Facilities.
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15.3 Emer�ency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee's Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicab�e.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee's sole expense.
15.4 Third-Partv Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee's Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third-Party to undertake work (other
than work undertaken at Renton's cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee's Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee's Facilities.
15.5 Third-Partv Construction of Citv Identified Proiect: Any condition or requirement
imposed by Renton upon any Third-Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee's Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such Third-Party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton's behalf and
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consistent with Renton's Capital Investment Plan;Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee's other Facilities shall be paid to
Franchisee by such Third-Party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee's Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton's receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of '�
Franchisee's Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in �
subsection 15.1.
15.7 Non-Franchise Area: Nothing shall require Franchisee to bear an cost or II
Y
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
15.8 Indemnitv for Delav: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third-Party actions, claims, damages, liabilities, or
suits for delays on Renton's construction projects arising from or caused by Franchisee's failure
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AGENDA ITEM # 9, c)
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to remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee's reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee's Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use.
Any plan for abandonment or removal of Franchisee's Facilities within the Franchise Area must
be first approved by the Administrator, and all necessary permits must be obtained prior to
such Work.
16.2 Removal: In the event of Franchisee's abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation of
use, remove the Facilities at Franchisee's sole expense. However, with Renton's express
written consent, Franchisee may, at Franchisee's sole cost and expense, secure the Facilities in
such a manner as to cause it to be as safe as is reasonably possible, by removing all lines,
conduits and appurtenances, in compliance with all Laws, and abandon them in place, provided
that any aboveground Facilities shall be removed at Franchisee's sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre-installation
or better condition. Such restoration work shall be done at Franchisee's sole cost and expense
and to Renton's reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton
may, after reasonable notice to Franchisee, remove the Facilities, restore the premises or take
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AGENDA ITEM # 9. c)
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such other action as is reasonably necessary at Franchisee's sole expense and Renton shall not
be liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive
and shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton's consent to Franchisee's
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re-secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton's sole discretion, that removal, alteration or re-securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination,Violations,and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination bv Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
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within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 Citv Council Termination: This Franchise shall not be terminated except upon a
' majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon
as possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
dispute resolution requirements shall not be applicable. Once Franchisee's privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Ri�ht for Action: Renton's failure to exercise a particular remedy
at any time shall not waive Renton's right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liabilitv and Obli�ation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
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17.7 Iniunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other Party fail to perform them.
17.8 Renton's Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII —XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall
provide a written response to Renton acknowledging receipt of notice and stating Franchisee's
response. Franchisee has thirty (30) days ("cure period") from the date of the notice's mailing
to:
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a. Respond to Renton, contesting Renton's assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or:
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance with
subsection 18.2.
18.2 Meetin�: If any a�leged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
afleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall
take place not less than ten (10) days after Franchisee's receipt of notice of the meeting. Each
Party shall appoint a representative who shall attend the meeting, represent their party's
interests, and who shall exercise good faith to reach an agreement on any alleged default
and/or any corrective action to be taken. Any dispute (including any dispute concerning the
�
existence of or any corrective action to be taken to cure any alteged default) that is not
resolved within ten (10) days following the conclusion of the meeting shall be referred by the
Parties' representatives in writing to the Parties' senior management for resolution. If senior
management is unable to resolve the dispute within twenty (20) days of referral (or such other
period as the Parties may agree upon), each Party may pursue resolution of the dispute through
Section XIX, Arbitration, of this Franchise. All negotiations pursuant to these procedures for the
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resolution of disputes shall be confidential and shall be treated as compromise and settlement
negotiations for purposes of the state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise's provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
Facilities (excluding project delay claims exceeding $30,000) of this Franchise (the
"Arbitration Claims"), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non-Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
18.4 Continuation of Obli�ations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
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SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discoverv.: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatorv Dama�es: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but sha�l not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre-arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
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The award rendered by the arbitrators shall be final, binding and non-appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Partv's Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party's case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator's decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs, including
attorneys' fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post-hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
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ORDINANCE NO.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee 'I
to seek or obtain judicial relief from a violation of any Franchise provision or any rule, !
regulation, requirement or directive promulgated for non-Arbitration Claims. Neither the
existence of other Franchise remedies nor the use of such remedies shall bar or limit the right '
of Renton or Franchisee to recover monetary damages for violations by the other Party, or to '
seek and obtain judicial enforcement of the other Party's obligations by means of specific I
performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any
Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented
or otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee's exercise or failure to exercise any
and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
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AGENDA ITEM # 9, c)
ORDINANCE N0.
other document, except as expressly required by Laws and/or superseded by such
permit, approval, license, agreement or other document, the Franchise provisions shall
control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, "Renton" means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification bv Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys' and experts' fees and/or costs incurred by Renton in
its defense, arising out of or related to, directly or indirectly, to Franchisee's Work or
abandonment of Facilities, or from the existence of Franchisee's Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and any
liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any Laws, including, but not limited to, Environmental Laws, and any
action, �claim, cost, damage, death, expense, harm, injury, tiability, or loss, to persons or
property which is caused by, in whole or in part, and only to the extent of, the willfully tortious
or negligent acts or omissions of Franchisee or its agents, contractors (of any tier), employees,
representatives or trainees related to Franchisee's granted Franchise privileges. If any action or
proceeding is brought against Renton by reason of Franchisee's Facilities, Franchisee shall
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AGENDA ITEM # 9, c)
ORDINANCE NO.
defend Renton at Franchisee's sole expense, provided that, for uninsured actions or
proceedings, defense attorneys shall be approved by Renton, which approval shall not be
unreasonably withheld. The terms of this section shall not require Franchisee to indemnify ,
Renton against and hold harmless Renton from claims, demands or suits based upon Renton's
negligent or willful conduct, and provided further that if the claims or suits are caused by or i
result from the concurrent negligence of(a) the Franchisee's agents, officers, or employees and
(b) Renton, this provision with respect to claims or suits based upon such concurrent negligence
shall be valid and enforceable on►y to the extent of Franchisee's negligence or the negligence of
Franchisee's agents or employees except as limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third-Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property,
including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by
Renton, arising directly or indirectly from: (a) Franchisee's breach of any environmental laws or
Laws applicable to the Facilities, or (b) from any release of a hazardous substance on or from
the Facilities, or (c) other activity related to this Franchise by Franchisee. This indemnity
includes, but is not limited to, (a) liability for a governmental agency's costs of removal or
remedial action for Hazardous Substances; (b) damages to natural resources caused by
Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability for
any other person's costs of responding to Hazardous Substances; (d) liability for any
investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising
37
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` ORDINANCE NO.
under any Laws; and (e) liability for personal injury, property damage, or economic loss arising
under any statutory or common-law theory or Laws.
22.4 Title 51 Waiver: Franchisee's indemnification obligations pursuant to this Section
shall include assuming potential liability for actions brought by Franchisee's own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee's exercise of the privileges set forth in this agreement. The
obligations of Franchisee under this Section have been mutually negotiated by the Parties, and
Franchisee acknowledges that Renton would not enter into this agreement without
Franchisee's waiver of immunity.To the extent required to provide this indemnification and this
indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.,...).
22.5 Real Estate Indemnitv: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.,...), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
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ORDINANCE NO.
officials, officers, officials, employees, and volunteers, and or the contractor, the party's liability
shall be only to the extent of the party's negfigence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights ,
under this section is presented to or filed with Renton, Renton shall promptly attempt to notify �
Franchisee in accordance with Section XV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee's responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or
defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee's responsibility to indemnify, defend and hold harmless Renton. Franchisee's
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recoverv of Citv Costs: In the event that Renton is required to defend a "suit or
action" as referenced in subsection 22.2 and Renton is determined to be without fault for the
claim or demand giving rise to such "suit or action," Franchisee shall reimburse Renton for a
percentage of Renton's total defense costs. The percentage of Renton's total defense costs to
be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to
Franchisee for the claim or demand giving rise to such "suit or action."
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22.8 Survival:The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in
subsection 25.2 occurred during the Franchise term.
22.9 Ne�otiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Reauired: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self-insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee's
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages:
a. Commercial �eneral liabilitv insurance, including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard, underground
hazard (XCD) and products completed hazard, with limits not less than five million
dollars ($5,000,000) for each occurrence and with limits not less than five million dollars
($5,000,000) in the aggregate for bodily injury or death to each person, property
damage, or any other type of loss;
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AGENDA ITEM # 9, c)
ORDINANCE NO.
b. Automobile liabilitv for owned, non-owned and hired vehicles with a limit of
three million dollars ($3,000,000) for each person and three million dollars ($3,000,000)
for each accident;
c. Worker's Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution le�al liabilitv shall be in effect throughout the entire Franchise term, II
with a limit not less than one million dollars ($1,000,000) for each occurrence, and not
less than two million dollars ($2,000,000) in the aggregate, and not less than fifty
thousand dollars ($50,000) for environmental crisis management, to the extent such
coverage is reasonably available in the marketplace for any pollution condition or
occurrence after the effective date of this Franchise.
23.2 Claims Made Basis: If coverage is purchased on a "claims made" basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
(3) years from the date of termination of this Franchise and/or conversion from a "claims
made"form to an "occurrence" coverage form.
23.3 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer's liability.
' 23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as respects to work performed
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AGENDA ITEM # 9, c)
ORDINANCE N0.
by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall
be indicated on the certificate of insurance or certification of self-insurance.
23.5 Primarv Insurance: Franchisee's insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee's
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall provide that: "The above described policies will not be
canceled before the expiration date, without the issuing company giving sixty (60) days prior
written notice to the certificate holder." In the event of cancellation or a decision not to renew, '
Franchisee shall obtain and furnish to Renton evidence of replacement insurance policies
meeting the requirements of this section before the cancellation date.
23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self-insurance required by this section upon
acceptance of this Franchise. The certificates and endorsements shatl be signed by a person
authorized by the insurer to bind coverage on its behalf and must be received and approved by
Renton prior to the commencement of any Work.
23.8 Separate Covera�e: Franchisee's insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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23.9 Self-Insurance: In addition to the foregoing insurance/self-insurance
requirements, Franchisee may also insure or self-insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton ,
�
with sufficient evidence that such self-insurance is being so maintained. i
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII ',
shall survive the termination of this Franchise and shall continue for as long as Franchisee's
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement.
Franchisee shall comply fully with all applicable Laws that prohibit such discrimination. A copy
of this language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, un�ess written notice of
43
AGENDA ITEM # 9, c)
ORDINANCE N0.
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following Addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430-7311
Company Address:
Astound Broadband, LLC
401 Kirkland Parkplace, Suite 500
Kirkland, WA 98033
Attn: Steve Weed, CEO &Jim Penney, EVP
Phone: (425) 896-1891
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified-mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
SECTION XXVI: Miscellaneous
26.1 As Is: Franchisee's agrees and accepts the Franchise Area in an "as is" condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee's
44
AGENDA ITEM # 9. c)
ORDINANCE N0.
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights-of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately tiable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assi�nees and Successors:This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties' respective successors and assignees.
26.3 Attornevs' Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier�: Franchisee's contractors may act on Franchisee's behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee's contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities' value, no value shall be
attributed to the right to occupy the Franchise Area.
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AGENDA ITEM # 9. c)
ORDINANCE N0.
26.7 Force Maieure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee's performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence
Franchisee shall promptly perform the affected obligations in an orderly and expedited manner
under this Franchise or procure a substitute for such obligation or performance that is
satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee's
reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism
or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and extreme weather
conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize
any delay caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions,
at the election of the Renton City Council, this Franchise may be revoked or annulled after a
hearing held upon reasonable notice to Franchisee (which notice shall be given at least thirty
(30) days before the hearing), and upon such revocation, all privileges conferred under this
Franchise shall be forfeited.
26.9 Franchisee's Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
46
AGENDA ITEM # 9, c)
ORDINANCE NO.
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governin� Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Dutv bv Renton:This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee's Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a duty to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Chan�es: Franchisee shall, when making application for any
h n in T riff ff tin h r visions of the Franchise notif Renton in writin of the
c a ges a s a ec g t e p o , y g
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
47 '
AGENDA ITEM # 9. c)
ORDINANCE N0.
26.14 Other Obli�ations: This Franchise shall not alter, change or limit Franchisees
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.15 Renton's Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including
the right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during
regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records
Act).
26.17 Section Headin�s: The Section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.18 Severabilitv: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
48
AGENDA ITEM # 9, c)
ORDINANCE NO.
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
� extent such survival can be reasonably inferred under the circumstances presented and to the
extent such an inference is necessary to prevent substantial injustice to an injured party.
26.20 Third-Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third-Party, nor have the Parties created any Third-Party right to enforce
„ „
this Franchise be ond what is rovided for b Laws. Third-Parties are an art other than
Y p Y Yp Y
Renton and Franchisee.This Franchise shall not release or discharge any obligation or liability of
any Third-Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by law, and provided it has been
duly accepted by Franchisee.
' PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
49
AGENDA ITEM # 9. c)
ORDINANCE N0.
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J.Warren, City Attorney
Date of Publication:
ORD:1870:6/24/15:scr
50
AGENDA /TEM # 9. c)
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: , 2015.
Astound Broadband, LLC I
By: James A. Penney
Its: EVP Business and Legal Affairs
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`
� CITY OF
EXECUTIVE DEPARTMENT Renton �
-- _
M E M O R A N D U M
DATE: July 13, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor •
Jay Covington, Chief Administrative Officer
SUBIECT: Administrative Report
In addition to our day-to-day activities,the following are some items worthy of note for this
week:
, • Rodarte Construction, Inc. started construction of the Riverview Park bridge replacement on '�
luly 8th. The fifty-plus-year-old bridge was removed last summer, and will be replaced with
a safer, aluminum bridge. A grand opening celebration is scheduled for September 18, '
2015.
• Replacement of the original 33-year-old concrete tile pavers by Kidd Valley Restaurant and
the North Shelter at Gene Coulon Memorial Beach Park started on July 13th. The walkway
behind Kidd Valley down to Ivar's will be reconfigured to meet current ADA code. Access to
the two restaurants and the restrooms will be open at all times. Parking will be limited due
to the need for construction staging. Parking in the south lot is encouraged. Work will be
complete in early October.
• Starting July 29th and running through August 19th, a series of free Financial Literacy
classes, using YWCA's Money Matters curriculum, will be offered on Wednesdays from
11:00 a.m. to 2:00 p.m. at CityView Church, 255 Hardie Ave SW. These classes are
sponsored by the City of Renton, First Savings Bank, YWCA and The Salvation Army, and will
cover banking, budgeting, credit and much more. Classes are open to both men and
women. There will be free childcare, food, and bus passes, plus participants may be eligible
to receive up to$50 for completing the class. To enroll, clients need to contact Constance
at 425-264-1416 (office) or cfrancis@vwcaworks.or�. For more information, contact Karen
Bergsvik, City of Renton Human Services, at 425-430-6652.
Administrative Report
July 13,2015
Page 2
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday,July 13th through Friday,July 17th; approximately 7:30 a.m. to 5 p.m. Lake
Washington Blvd near Gene Coulon Beach Park will have one lane closed due to utility
work.
✓ Monday,July 13th through Friday,July 17th; approximately 8:30 a.m. to 4 p.m. Street
maintenance crews will repair and repave an uneven asphalt joint along the eastbound
lane on the I-405 overpass at North 30th Street. Questions may be directed to Patrick
Zellner at (425) 430-7400 or (425) 766-6181, John Kalmbach at (425) 766-6183 or Tim
Michaud at (425) 766-6182.
✓ Monday,luly 13th through Friday,July 17th; approximately 9 a.m.to 4 p.m. East and
westbound lanes of Grady Way SW will have limited partial closures due to the
pedestrian ramps replacement for the Grady Way Preservation Project. Questions may
be directed to Doug Jacobson, (425) 430-7274.
✓ Thursday,July 23rd through Sunday,luly 26th. All-day road closure of Houser Way
South between Mill Avenue South and Bronson Way for the 30th Annual Renton River
Days festival.
✓ Saturday,July 25th; approximately 5 a.m.to 12 p.m. Complete road closure of South
3`d Street, South 3�d Place and all northbound and southbound streets connecting to
South 3�d Street between Rainier Avenue South and Bronson Way will be closed for the
Renton River Days parade.
✓ Ongoing through Monday, August 10th; approximately 7 a.m. to 3:30 p.m. Storm
water maintenance crews will be installing a new storm system along Seneca Avenue
NW between Seneca Court NW and NW 4th Place. This project will impact driveway
access to residents on the west side of the street during working hours. Intermittent
lane closures will occur throughout the day.
✓ Ongoing through approximately September 30th; approximately 7 a.m.to 3:30 p.m.
Intermittent lane closures will occur in various non-arterial locations throughout the
city so that street crews can perform the annual overlay project. When needed, flaggers
will be on site directing traffic. Questions may be directed to Jayson Grant at
(425) 766-2134.
Agenda Item No.: 5
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET
(Page 1)
CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE
A PARTY OF RECORD WHEN APPROPRIATE
DATE: //��/a� �� PLEASE PRINT 5 Minute Time Limit
1 5
Name: Name:
Address: Address: �
City: Zip Code: City: Zip Code: /
Email: Email: /
Topic: Topic: /
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Address: / Addres •
City: Zip ode: Zip Code:
Email: � Email:
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City: Zip Code: / City: Zip Code:
Email: / Email:
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Zip Code: City: Zip Code:
...✓
Email: Email:
Topic: Topic:
(CONTINUED ON REVERSE SIDE)
(Continued from Reverse Side- Page 2)
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET �
CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE
A PARTY OF RECORD WHEN APPROPRIATE
PLEASE PRINT 5 Minute Time Limit
9 13
Name: Name:
Address: Address: /
City: Zip Code: City: Zip Code: / �
Email: Email: /
Topir. Topit: /
10 14
Name: Name: '
Address: Address: /
City: Zip Code: City: / Zip Code:
Email: Email: /
Topic: � Tg�fc:
/
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Address: l Address:
v
City: Zip Code: City: Zip Code:
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12 16
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City: / Zip Code: City: Zip Code:
Ema� Email:
Topic: Topic:
COMMUNITY SERVICES COMMITTEE qpPROVED BY
COMMITTEE REPORT C�TY COUNCIL
� / �
July 13, 2015 Dat�
Fee Waiver Request for the 2015 Take a Warrior Fishing Event Scheduled
(Referred June 22, 2015)
The Community Services Committee recommends concurrence in the staff recommendation to
approve the requested $500 fee waiver for the boat launch and picnic shelter fees at Gene
Coulon Memorial Beach Park on September 19, 2015, during the 2015 Take a Warrior Fishing
event sponsored by the C.A.S.T. for Kids Foundation.
� �
Ruth Perez, Chair
F �/_O�//I���
/ �/ ��
Marcie Palmer, Vice-Chair
� ` � •
Randy Corman,Member
cc: Terry Higashiyama,Community Services Administrator
Casey Stanley, Neighborhoods, Resources and Special Events Manager
Jennifer Jorgenson,Administrative Secretary I
�
COMMUNITY SERVICES COMMITTEE APPROVED BY
I COMMITTEE REPORT CITY COUNCIL
July 13, 2015
Dat� � /3 / �
� Fee Waiver Request for the 2015 C.A.S.T.for Kids Special Populations Children's Fishing Event
(Referred June 22, 2015)
The Community Services Committee recommends concurrence in the staff recommendation to
approve the requested $500 fee waiver for the boat launch and picnic shelter fees at Gene
Coulon Memorial Beach Park on September 12, 2015, during the 2015 Special Popu/ations �
Children's Fishing Event sponsored by the C.A.S.T. for Kids Foundation.
� ,
�
Ruth Perec, Chair
_���GG�G��.. I
Marcie Palmer, Vice-Chair �'
� � r� ,
Randy Corman, Member
cc: Terry Higashiyama,Community Services Administrator
Casey Stanley, Neighborhoods, Resources and Special Events Manager
Jennifer Jorgenson,Administrative Secretary I
STAFF RECAP
COUNCIL MEETING REFERRALS
7/13/2015
MOTIONS REFERRED TO ADMINISTRATION: None.
Other Requests: None.
MOTIONS REFERRED TO COUNCIL COMMITTEE: None.
*The consent agenda items were adopted as presented,with the exception of Item 6.e&6.f.which were
adopted as Council concur.
�` '�-�-�.._._
� CITY OF
�
M 1 N UTES
City Council Regular Meeting
7:00 PM-Monday,July 13, 2015
Council Chambers, 7th Floor, City Hall—1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent:
Ed Prince, Council President Randy Corman
Ruth Perez Armondo Pavone
Don Persson
Marcie Palmer
Greg Taylor
MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL EXCUSE ABSENT
COUNCILMEMBERS RANDY CORMAN AND ARMANDO PAVONE. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
1ay Covington,Chief Administrative Officer
Alex Tuttle,Senior Assistant City Attorney
lason Seth,City Clerk
Nancy Carlson, Human Resources& Risk Management Administrator
Chip Vincent,Community& Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Kelly Beymer, Parks&Golf Course Director
Deputy Chief Erik Wallgren, Fire & Emergency Services Department
Chief Kevin Milosevich, Police Department
' Commander Charles Karlewicz, Police Department
luly 13, 2015 REGULAR COUNCIL MEETING MINUTES 1
� -- �
SPECIAL PRESENTATION
Valley Communications Center Executive Director Lora Ueland provided a presentation updating
Council on the following facts about the Valley Communications Center:
• Cities serviced:Auburn, Federal Way, Renton, Kent and Tukwila.
• The Valley Communications Organizational Chart.
• Recent awards received.
• The Valley Communications mission statement and a description of the work accomplished.
• Statistics regarding annual calls.
• Plans for the future of the agency.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing
the City's recent progress towards goals and work programs adopted as part of its business plan
for 2015 and beyond. Items noted were:
• Rodarte Construction, Inc.started construction of the Riverview Park bridge replacement on
July 8th.The fifty-plus-year-old bridge was removed last summer,and will be replaced with a
safer,aluminum bridge.A grand opening celebration is scheduled for Sept. 18, 2015.
• Replacement of the original 33-year-old concrete tile pavers by Kidd Valley Restaurant and
the North Shelter at Gene Coulon Memorial Beach Park started on July 13th.The walkway
behind Kidd Valley down to Ivar's will be reconfigured to meet current ADA code.Access to
the two restaurants and the restrooms will be open at all times. Parking will be limited.Work
will be complete in ear�y October.
• July 29th through Aug. 19th, a series of free Financial Literacy classes, using YWCA's Money
Matters curriculum,will be offered on Wednesdays from 11:00 a.m.to 2:00 p.m. at CityView
Church, 255 Hardie Ave SW.These classes are sponsored by the City of Renton, First Savings
Bank,YWCA and The Salvation Army,and will cover banking, budgeting, credit and much
more. Classes are open to both men and women.There will be free childcare,food, and bus
passes, plus participants may be eligible to receive up to$50 for completing the class.
• Preventative street maintenance,traffic impact projects, and road closures will continue to
happen throughout the city.
• Parks&Golf Course Director Kelly Beymer clarified the reasons why item 6.e. (see belowJ is
being presented to Council on the Consent Agenda this evening, and ways that the
ordinance amendment would benefit the City. Chief Milosevich further expfained what
measures will be taken to ensure the public is sufficiently educated about the amendment, if
it is passed.
Additionally, Mayor Law thanked City employees from the Police Department,Community
Services Department, and the Public Works Department for helping organize and manage the
25th Annual Return to Renton Car Show that happened over the weekend. He further explained
that the money raised that day is contributed to youth scholarships managed through the police
department.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion which,followinq the listing.At the
request of Councilmember Persson, Consent Aqenda items 6.e. & 6.f. were pulled for separate
consideration.
I July 13, 2015 REGULAR COUNCIL MEETING MINUTES 2
a) Approval of Council meeting minutes of 7/6/2015. Council Concur.
b) City Clerk submitted petition for street vacation of an alley adjoining 555 SW Grady Way
between Seneca Ave SW&Lind Ave SW; petitioner Dale Walker(VAC-15-002). (See below for
resolutionJ Set public hearing on 8/3/2015; Refer to Administration.
c) Community& Economic Development Department requested authorization to hire a Mapping
Supervisor at Step E of Grade a29 salary scale.Council Concur.
d) Community& Economic Development Department recommended adoption of an ordinance
granting a 10-year franchise agreement with Astound Broadband, LLC to provide high-speed
internet and telephone services in the City of Renton. (See below for ordinanceJ
Council Concur.
g) Community Services Department recommended adopting an ordinance to amend the existing
Park Rules and Regulations. (See below for ordinanceJ Council Concur.
h) Finance Department recommended approval of the 2015 second quarter 2015/2016 Biennial
Budget amendments, increasing appropriations by$16,865,306,with the total amended budget
to be$569,702,499 for the biennium. Refer to Finance Committee.
MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA MINUS ITEMS 6.E.and 6.F.CARRIED.
ITEMS 6.E.&6.F. -SEPARATE CONSIDERATION
e) Community Services Department recommended approval of a 63.5 month lease with Attorney
and Notary Supply of Washington, Inc.for use of Suite 400 at the 200 Mill Building. Revenue
generated is$171,112.36 over the duration of the lease.
Council Concur.
f) Community Services Department recommended adopting a resolution to authorize acceptance
of grant funding in the amount of$174,000 from King County; execute Amendment K to the
related Interlocal Cooperation Agreement for Open Space Acquisition Projects; and reallocate
grant funds to the 2007 King County Proposition 2 Levy Fund.
(See below for resolution)Council Concur.
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA ITEMS 6.E.&6.F.AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINE55
a) Community Services Committee Chair Perez presented a report recommending concurrence in
the staff recommendation to approve the requested$500 fee waiver for the boat launch and
picnic shelter fees at Gene Coulon Memorial Beach Park on September 19, 2015,during the 2015
Take a Warrior Fishing event sponsored by the C.A.S.T.for Kids Foundation.
MOVED BY PEREZ,SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
July 13, 2015 REGULAR COUNCIL MEETING MINUTES 3
b) Community Services Committee Chair Perez presented a report recommending concurrence in
the staff recommendation to approve the requested$500 fee waiver for the boat launch and
picnic shelter fees at Gene Coulon Memorial Beach Park on September 12, 2015,during the 2015
Special Populations Children's Fishing Event sponsored by the C.A.S.T.for Kids Foundation.
MOVED BY PEREZ,SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
RESOLUTIONS AND ORDINANCES
Resolution:
a) Resolution No.4257: A resolution was read authorizing the Mayor and City Clerk to execute an
amendment to the Conservation Futures Cooperation Agreement between the City of Renton
and King County by including$174,000 allocation for the acquisition of two open space parcels in
the May Creek Greenway.
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADOPT THE RESOLUTION AS
PRESENTED.CARRIED.
b) Resolution No.4258:A resolution was read setting a hearing date of August 3, 2015 to vacate an
alley adjoining 555 SW Grady Way between Seneca Ave.SE and Lind Ave.SW(Dale Walker of
D&C Investments, LLC, petitioner;VAC-15-002).
MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL ADOPT THE RESOLUTION AS
PRESENTED. CARRIED.
Ordinances for first reading and advancement to second and final reading:
c) Ordinance No. 5762:An ordinance was read amending Section 2-9-8 of Chapter 9, Parks
Commission, of Title II (Boards And Commissions), and Sections 6-14-9 and 6-14-22 of Chapter
14, Littering,of Title VI (Police Regulations)of the Renton Municipal Code, modifying the park
rules and regulations by amending the regulations related to littering in parks; adding two new
Subsections 2-9-8.6.16, "Urinating In Public", making urinating and defecating in a public place
or in public view a criminal violation, and 2-9-8.C.18"Smoking," making smoking within Piazza
Park, Gateway Park, Big 5 lot, and north side of the Renton Pavilion Event Center a civil violation;
and removing conflicting language from RMC 6-14-9, and amending language in RMC 6-14-22.
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADVANCE THE ORDINANCE
TO SECOND AND FINAL READING.CARRIED.
Following the second and final reading of Ordinance No. 5762, it was
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL:ALL AYES. CARRIED.
d) Ordinance No.5763:granting unto Astound Broadband, LLC,d/b/a Wave, authorized to do
business within the State of Washington, its affiliates,successors and assigns,the right, privilege,
and authority to install communications facilities, specifically fiber optic cable and related
appurtenances, under, along,over, below,through and across the streets, avenues and alleys of
the City of Renton within the public right-of-way of Renton.
MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL ADVANCE THE ORDINANCE TO
SECOND AND FINAL READING. CARRIED.
July 13, 2015 REGULAR COUNCIL MEETING MINUTES 4 �
Following the second and final reading of Ordinance No. 5763, it was
MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL:ALL AYES. CARRIED.
NEW BUSINE55
See attached Council Committee meeting calendar.
EXECUTIVE SESSION &ADJOURNMENT
MOVED BY PRtNCE,SECONDED BY PALMER,COUNCIL RECESS INTO EXECUTIVE
SESSION FOR APPROXIMATELY 40 MINUTES TO DISCUSS LABOR NEGOTIATIONS-
RCW 42.30.140(4)(b)AND POTENTIAL PROPERTY ACQUISITION -RCW
42.30.110(1)(b)WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL
MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED.
TIME 7:42 P.M.
Executive session was conducted.There was no action taken.The executive session and the '
Council meeting adjourned at 8:09 p.m.
�
Jason .Seth,CMC��ity Clerk
Megan Gregor, Recorder
Monday,July 13, 2015
July 13, 2015 REGULAR COUNCIL MEETING MINUTES 5
Council Committee Meeting Calendar
7uly 13, 2015
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�;lttty,27,�2015 : � . : . .
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NO MEETINGS Council Holiday, Chair Prince
�' .lu 28,2015 _ ,_:; :,;.= .
� .
Tuesday
CANCELED Transportation (Aviation) Committee, Chair Palmer
Augus,t 3,2015 , _
Monday _ _ -;
4:00 PM Planning & Development Committee, Palmer- Council Conference Room
1. Commercial Arterial Development Rules Briefing
2. Residential Building Heights Briefing
3. Docket 11 Briefing
CANCELED Public Safety Committee, Vice Chair Persson
5:00 PM Finance Committee, Chair Persson - Council Conference Room
1. Vouchers
2. 2015 2^d Quarter Budget Amendment Ordinance
3. Emerging Issues in Revenue Streams
6:00 PM Municipal Arts Commission 50'"Anniversary Reception - 7th Floor Conferencing
Center
6:30 PM Committee of the Whole, Chair Prince - Council Chambers
� 1. SCORE Update
� i�
13 Jul 2015 - REGULAR COUNCIL MEETING - MOTIONS SHEET
Agenda A�enda Section Title/Item Motion Staff Contact interested Parties
Placement
2 Roll Call Absent:Armando Pavone, Randy Corman Council excuse N/A N/A
absent council
members.Concur.
3 Special Valley Communications Update N/A N/A N/A
Presentation
4 Administrative Amending the Park Rules and Regulations N/A(see 6.g.and 1ay Covington Kevin Milosevich
Report 10.b.) Kelly Beymer
6.a. Consent Agenda Approved Council meeting minutes of 7/6/2015. Council Concur Megan Gregor Megan Gregor
6.b. Consent Agenda City Clerk submitted petition for street vacation of an alley Set public hearing Jason Seth Megan Gregor
adjoining 555 SW Grady Way between Seneca Ave SW& Lind on 8/3/2015; Refer Jennifer Henning
Ave SW; petitioner Dale Walker(VAC-15-002). to Administration. Vanessa Dolbee
(See item 10.a.) Jill Ding
6.c. Consent Agenda Community& Economic Development Department requested Council Concur Chip Vincent Judith Subia
authorization to hire a Mapping Supervisor at Step E of Grade Brian Sandler
a29 salary scale.
6.d. Consent Agenda Community& Economic Development Department Council Concur Jennifer Henning Judith Subia
recommended adoption of an ordinance granting a 10-year (see 10.c.)
franchise agreement with Astound Broadband, LLC to provide
high-speed internet,cable and telephone services in the City of
Renton.
6.g. Consent Agenda Community Services Department recommended adopting an Council Concur Kelly Beymer Kelly Beymer
ordinance to amend the existing Park Rules and Regulations.
6.h. Consent Agenda Finance Department recommended approval of the 2015 Refer to Finance Iwen Wang Chris Seese
second quarter 2015/2016 Biennial Budget amendments, Committee Hai Nguyen
increasing appropriations by$16,865,306,with the total
amended budget to be$569,702,499 for the biennium.
6.e. Separate Community Services Department recommended approval of a Council Concur Peter Renner Peter Renner
Consideration— 63.5 month lease with Attorney and Notary Supply of Diane Wagner
Pulled from Washington, Inc.for use of Suite 400 at the 200 Mill Building.
Consent Agenda Revenue generated is$171,112.36 over the duration of the
lease.
_ . �
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6.f. Separate Community Services Department recommended adopting a Council Concur Leslie Betlach Leslie Betlach
Consideration— resolution to authorize acceptance of grant funding in the (See item 10.b.)
. Pulled from amount of$174,000 from King County; execute Amendment K
Consent Agenda to the related Interlocal Cooperation Agreement for Open
Space Acquisition Projects; and reallocate grant funds to the
2007 King County Proposition 2 Levy Fund.
9.a. Unfinished 2015 Take a Warrior Fishing Event Fee Waiver Request-The Council Concur Casey Stanley Jennifer Jorgenson
Business— Community Services Committee recommends concurrence in
Community the staff recommendation to approve the requested$500 fee
Services waiver for the boat launch and picnic shelter fees at Gene
Committee Coulon Memorial Beach Park on September 19, 2015,during
Report the 2015 Take a Warrior Fishing event sponsored by the
C.A.S.T.for Kids Foundation.
9.a. Unfinished 2015 C.A.S.T.for Kids Fishing Event Fee Waiver Request-The Counci)Concur. Casey Stanley Jennifer Jorgenson
Business— Community Services Committee recommends concurrence in
Community the staff recommendation to approve the requested$500 fee
Services waiver for the boat launch and picnic shelter fees at Gene
Committee Coulon Memorial Beach Park on September 12, 2015,during
Report the 2015 Special Populations Children's Fishing Event
sponsored by the C.A.S.T.for Kids Foundation.
10.a. Resolution#4258 Setting Public Hearing on 8/3/2015 for Walker street vacation Council Concur. Jason Seth Megan Gregor
petition (See item 6.b.) ,
10.b. Resolution#4257 Authorizing the amendment to the Conservation Futures Council Concur. Leslie Betlach Leslie Betlach I
(Added from Interlocal Cooperation Agreement between the City of (See item 6.f.) '
separate Renton and King County.
consideration
item)
10.b. Ordinance#5762 Amending the Park Rules and Regulations Council Concur.All Kelly Beymer Kevin Milosevich
for 1st&2nd and Ayes. (See item Kelly Beymer
Final Reading 6,g.)
10.c. Ordinance#5763 Granting a 10-year franchise agreement with Astound Council Concur.All Jennifer Henning Judith Subia
for 1st&2nd and Broadband, LLC Ayes. (See item
Final Reading 6.d.)
11 Exec Session Labor Negotiations& Potential Property Acquisition N/A Nancy Carlson N/A
COMMUNITY SERVICES p ^c��rof�O� :A��
DEPARTMENT ��
M E M O R A N D U M
DATE: July 7, 2015
TO: Ed Prince, Council President
Members of Renton City Council
CC: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
� FROM: Terry Higashiyama, Community Services Administrator
Kevin Milosevich, Police Chief
STAFF CONTACT: Kelly Beymer, Parks and Golf Course Director
SUBIECT: Park Rules and Regulations Amendment
The amended language (Ordinance)to the Park Rules and Regulations has been
forwarded through the Agenda Bill process as Council Concur. The revision includes two
new subsections;
• "Smokin�" - (Civil infraction), will not be allowed in Piazza Park, Gateway Park
(across Logan from Piazza Park), former Big 5 lot, and the north side of the
Renton Pavilion Center.
o Smoking was banned in the Metro Transit Center approximately three years
ago, driving all smokers into Piazza Park and the areas surrounding the
Pavilion with a significant increase of tossed cigarette butts throughout the
Park.
o This Park hosts the Farmer's Market, Renton Car Show, Spring and Fall
Festivals, and many other events, by approving the amendment it will allow
enforcement by Renton Police. Enforcement could include 'Expulsions' to
citations. The goal is to educate the public of the new rule, post warning
signs, and not to immediately penalize.
o Chief Milosevich, City Attorney Alex Tuttle, and myself will be providing an
explanation during the Administrative Report on July 13tn
• "Urinatin� in Public" will be a criminal violation.
Please feel free to contact me with any questions.
CC: Alex Tuttle, Assistant City Attorney
c:\users\m�re�or\appdata\local\microsoft\windows\temporarv internet files\content.outlook\3fOrcisd\cs memo to
council cc mavor-prr-no smokin�.doc 121.doc
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BUSCHLA1ti'FIRMPLLC
January 5, 2015
Via Email to Planninq Department
Renton City Council
Renton City Hall
1055 South Grady Way
Renton WA 98057
' Subject: Renton Code Comments- Wireless Amendments
Thank you for the opportunity to comment on the Wireless Code Amendments on the
agenda for your approval. AT&T has been working together with the city's planning
staff for some time to have input on a revised wireless code that balances the industry's
need to provide robust and dependable wireless coverage in all areas of Renton with
the city's objectives of minimizing the visual impact of wireless towers. A strong and
dependable wireless network is something citizens have come to need and expect as
more households migrate from having a landline to wireless only.
AT&T appreciates the chance to provide industry perspective to achieve a balance that
prioritizes the city's value of minimizing the visual impacts of wireless facilities while
providing an efficient and thorough permitting process to enable the facilities needed to
create and maintain a strong and dependable wireless network in the city of Renton.
Sincerely,
_-�.'�.�.
Kimberly Allen
Busch Law Firm
Attorneys for AT&T
SEATTLE LOS ANGELES DENVER PORTLAND BEND
93 S.Jackson St. #75604 Kim.Allen@wirelesscounsel.com t 425.628.2666
Seattle,WA 98104-2818 www.wirelesscounsel.com f 206.219.6717
--�
STATE OF WASHINGTON� COUNTY OF KING } C1TY OF RENTON amending language i� ►tNic
AFFIDAVIT OF PUBLICATION NOTICEOFORDINANCES 6-�a-a2.
ADOPTED BY THE Effective: August 16,2015
RENTON CITY COUNCIL ORDINANCE NO.5763
Following is a summary of An Ordinance of the City of
the Ordinances adopted by the Renton, Washington, granting
PUBLIC NOTICE Renton City Council on July 13, unto Astound Broadband, LLC,
Linda M Mills,being first duly sworn on oath that she is the Legal Zo�s: a�ia Wave, authorized co ao
Advertisin Re resentative of the ORDINANCE NO.5762 business within the State of
g P An Ordinance of the City of Washington, its affiliates, succes-
� Renton, Washington, amending sors and assigns, the right, privr
Section 2-9-8 of Chapter 9, Pazks lege, and authority to install
' Commission, of Title II (Boards communications facilities, spe-
Renton Reporter and Commissions), and Sections cifically fiber optic cable and
6-14-9 and 6-14-22 of Chapter related appurtenances, under,
14, Littering, of Title Vl (Police along, over, below, through and
Regulations) of the Renton Mu- across the streets, avenues and
a weekly newspaper, which newspaper is a legal newspaper of nicipal Code, modifying the park alleys of the City of Renton with-
rules and regulations by amend- in the public right-of-way of
general circulation and is now and has been for more than six months �ng cne regulations related co Renton.
prior to the date of publication hereinafter referred to, published in littering �� parks; adding cWo Effective: July 22,aois
the En lish lan ua e continuousl as a weekl news a er in Kin new Subsections 2-9-8.B.16, Complete text of these ordinanc-
g g g y y p p g "Urinating in Public," making es is available at Renton City
County, Washington. The Renton Reporter has been approved as urinating and defecating �� a Hall, 1055 soUcn Grady Way;
a Le al News a er b order of the Su erior Court of the State of public place or in public view a and posted at the King County
g P P Y P criminal violation, and Librazies in Renton, 64 Rainier
Washington for King County. z-9-a.c.�s ••Smoking," making Ave S, Ste A (temporary loca-
The notice in the exact form annexed was published in regular issues smoking within P»a Park, tion) and 2902 NE 12th Street.
Gateway Park, Big 5 Lot, and Upon request to the City Clerk's
of the Renton Reporter (and not in supplement form) which was north side of the Renton Pavilion or��e, ca2s> a3o-6s�o, copies
regularly distributed to its subscribers during the below stated period. E�enc ce�ce� a ����� violation; will also be mailed for a fee.
and removing conflicUng lan- Jason A.Seth,Ciry Clerk
The annexed notice, a: guage from RMC 6-14-9, and Published in the Renton Reporter
Public Notice on July 17, 2015. #1369927.
was published on July 17, 2015.
The full amount of the fee charged for said foregoing publication is
the sum of$133.40.
�
C�/�� �� ``�������ii������
Linda Mills ```�J PNN SHFiO�'�.
� � ;.\sSioni F�.,,y �
Legal Advertising Representative, Renton Reporter � v:� A,:� �
Subscribed and sw me this 17th day of July, 2015. =a ��NOTARY 9N's�=
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