HomeMy WebLinkAboutCouncil 03/07/2011AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
March 7, 2011
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. Trail Guidelines Update
4.ADMINISTRATIVE REPORT
5.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
comment period will be limited to one‐half hour. The second audience comment period later on in
the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please
walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST
NAME.
6.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 2/28/2011. Council concur.
b. Community and Economic Development Department recommends acceptance of a deed of
dedication for additional right‐of‐way to fulfill a requirement of the Veldyke II Short Plat (SHP‐
09‐058). Council concur.
c. Community and Economic Development Department requests approval to waive a Carco
Theater rental fee in the amount of $390 for Congressman Adam Smith's Town Hall meeting on
4/20/2011. Refer to Finance Committee.
d. Community Services Department recommends approval of a contract with King County Road
Services Division in the amount of $170,000 to repair the Cedar River Trail trestle bridge at
Maplewood Roadside Park; and authorize a transfer of funds as part of the 2010 Carry Forward
Budget Adjustment Ordinance to cover the costs of the project. Refer to Finance Committee.
e. Human Resources and Risk Management Department recommends adoption of a resolution
authorizing a revised Fair Practices policy. Council concur. (See 8.a. for resolution.)
f. Transportation Systems Division recommends approval of a sublease agreement between
Bosair, LLC and Ace Aviation, Inc.; and approval of an Operating Permit and Agreement
with Ace Aviation, Inc. in order to operate an aircraft maintenance facility at the airport. Refer
to Transportation (Aviation) Committee.
Page 1 of 86
7.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Committee of the Whole: Strander Blvd. Interlocal Agreement with City of Tukwila*; Strander
Blvd. Underpass Agreement with City of Tukwila and BNSF Railway*
b. Finance Committee: Vouchers; School Impact Fees*
8.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Adopting a revised Fair Practices policy (See 6.e.)
b. Strander Blvd. interlocal agreement with the City of Tukwila (7.a.)
c. Strander Blvd. underpass agreement with the City of Tukwila and BNSF Railway (See 7.a.)
Ordinance for first reading:
a. Issaquah, Kent, and Renton School District Impact Fees (See 7.b.)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
10.AUDIENCE COMMENT
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
March 7, 2011
Monday, 5:00 p.m.
Solid Waste Contract ‐ Briefing; SAFER Grant ‐ Briefing; Strander Blvd. Interlocal Agreement with City of
Tukwila; Strander Blvd. Underpass Agreement with City of Tukwila and BNSF Railway; Emerging Issues in
Economic Development
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 86
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Dedication of right-of-way for Veldyke II Short Plat
LUA09-058
Meeting:
Regular Council - 07 Mar 2011
Exhibits:
Deed of Dedication
Hearing Examiner's Report
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Carrie Olson, x-7235
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
A deed of dedication for the Veldyke Short Plat, under LUA05-065, was previously submitted and
accepted on Council Concur at the Monday, April 24, 2006, Council meeting. The short plat expired
before the project portion could be completed. Therefore, the deed document was never recorded.
A revised version of the same short plat, now called Veldyke II Short Plat under LUA09-058, was
submitted and a new deed of dedication was submitted for acceptance by Council. This short plat has a
new owner\grantor and the right-of-way configuration and legal has increased slightly. The new total
dedicated area is 28,373.30 square feet as noted on the Exhibit Map (included with Deed of
Dedication).
This dedication will fulfill the Hearing Examiner's conditions for the Veldyke II Short Plat, LUA09-058.
STAFF RECOMMENDATION:
Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed
of Dedication document.
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 3 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 4 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 5 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 6 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 7 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 8 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 9 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 10 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 11 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 12 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 13 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 14 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 15 of 86
6b. ‐ Community and Economic Development Department recommends
acceptance of a deed of dedication for additional right‐of‐way to fulfill a
Page 16 of 86
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Fee Waiver request for Carco Theatre -
Congressman Adam Smith Town Hall
Meeting
Meeting:
Regular Council - 07 Mar 2011
Exhibits:
Fee Waiver or Reduction Request
Carco Theatre Rental Agreement
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Suzanne Dale Estey, Economic Development/Government
Relations Director x6591
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ $390 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $ $390
SUMMARY OF ACTION:
Congressman Adam Smith periodically hosts a Town Hall event in Renton for members of the
public. Waiving the fees to facilitate this event taking place in Renton is valuable in the City’s
intergovernmental relations efforts. This waiver also helps provide for this important opportunity for
Renton residents to engage with one of their Congressional representatives about critical issues
of the day, and allows Congressman Smith to hear their concerns so he can most effectively
represent them.
STAFF RECOMMENDATION:
Approve fee waiver request
6c. ‐ Community and Economic Development Department requests
approval to waive a Carco Theater rental fee in the amount of $390 Page 17 of 86
H:\CED\EDN\Government Relations\Federal Relations\2011\Fee Waiver Reduction Request Form - Cong Adam Smith 2-11.doc
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council
via the Finance Committee.
Name of Group: Congressman Adam Smith
Group Contact Person:Luke Baron Contact Number:253-593-6600
Address:2209 Pacific Ave Suite B, Tacoma, WA 98402
Email Address: luke.baron@mail.house.gov Number in Party: approx. 150
Location:Carco Theatre
Type of Event:Town Hall
Staff Contact Name/Telephone: Suzanne Dale Estey 425-430-6591
What is the total cost of the rental and applicable fees?$390.00
What is the cost of the fee waiver or reduction requested?$390.00
Describe event and explain why a reduction or waiver of fees will benefit the Renton
citizens:
Congressman Adam Smith periodically hosts a Town Hall event in Renton for members
of the public. Waiving the fees to facilitate this event taking place in Renton is valuable
in the City’s intergovernmental relations efforts. This waiver also helps provide for this
important opportunity for Renton residents to engage with one of their Congressional
representatives about critical issues of the day, and allows Congressman Smith to hear
their concerns so he can most effectively represent them.
Staff Recommendation:Support the request
Council Approval
cc:Terry Higashiyama
Alex Pietsch
Suzanne Dale Estey
Tim Williams
Kris Stimpson
Vincent Orduna
6c. ‐ Community and Economic Development Department requests
approval to waive a Carco Theater rental fee in the amount of $390 Page 18 of 86
Rental Agreement- Carco
Printed: 22 Feb 2011, 11:42 AM
City of Renton Community Services Department
Recreation Division
CarcoTheatre 1717 Maple Valley Highway, Renton, WA 98057 425-430-6700 425-430-6701 (fax)
Carco Theatre Rental Agreement
Contract #:
Date:
6754
15 Feb 2011
User: vorduna
Status: Firm
City of Renton Community Services Department, hereby grants Congressman Adam Smith (hereinafter called the
"Licensee") represented by Luke Baron, permission to use the Facilities as outlined, subject to the Terms and
Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement.
i) Purpose of Use Meeting
town hall
ii) Conditions of Use
iii) Date(s) and Time(s) of Use # of Bookings: 1 Starting: 20 Apr 2011 06:00 PM
Ending: 20 Apr 2011 09:00 PM
Expected: 0
Facility/Equipment Start Time End TimeBooking Date Rental Fee Add'l Fee Total
06:00 PM 09:00 PM $270.00 $120.00 $390.00 Carco Theatre - Auditorium Wed, Apr 20, 2011
iv) Additional Fees
Extra Fee - Bookings Quantity Hours Charge Tax Total
Carco House Mgr 1 $45.00 3:00 $0.00 $45.00
Carco Technician 1 $75.00 3:00 $0.00 $75.00
2 $120.00 6:00 $0.00 $120.00
v) Payment Method
Rental Fees Additional Fees Rental Total Total Applied Balance
$270.00 $120.00 $390.00 $0.00 $390.00
Rental charges are due according to the following schedule:
Scheduled Payments Due Date(s)Amount
$390.00Wednesday, Apr 20,2011
vi) Other Information
Prompt Answer
A) Chair Quantity /
B) Table Quantity /
C) Set-Up Style /
D) Audio/Visual Need /
Serving Alcohol?No
Charging a Fee?No
vii) Additional Notes
No food or beverage permitted in auditorium.
Cancellations made less than 30 days prior to the scheduled event will result in the loss of the entire deposit.
Auditorium - Carco Theatre
Page: 1
6c. ‐ Community and Economic Development Department requests
approval to waive a Carco Theater rental fee in the amount of $390 Page 19 of 86
Contract #:
Date:
6754
15 Feb 2011
User: vorduna
Status: Firm
Users will leave the facility in the same condition as when they arrived, including restrooms. The cost of any additional cleaning or repairs
that require City of Renton staff will be added to the user's bill.
Rental time includes all set-up and clean-up.
We reserve the right to refuse rental services to any persons or organizations that discriminate or have a history of discrimination on the
basis of sex, race, religion or sexual orientation.
Events for minors (under 21 years of age) must end by 10:00pm . Initial: _______
It is unlawful to possess or consume alcoholic beverages in any park except in areas designated by the Park Commission.
Flammable materials are prohibited. The use of any type of open flame is prohibited.
No refunds will be given for inclement weather, violations or Renton Park Commission Rules & Regulations or specific Facility Rules.
Refunds will be considered on an individual basis when events are cancelled by the City of Renton.
A Certificate of Insurance and Endorsement page, naming the City of Renton as a Primary and Non-contributory Additional
Insured, must be submitted and approved by the City of Renton's Human Resources-Risk Management Department 15 days prior
to first booking date of contract.
The undersigned hereby makes application to the City of Renton for use of the facilities described above and certifies that the information in
the application is correct. The undersigned agrees that he/she has the authority to make this application for the applicant. The applicant
agrees to exercise the utmost care in the use of the listed premises and property and to indemnify and hold harmless the City of Renton, its
agents, assigns and corporate officers, from all liability (ies) resulting from the use of said facility(ies) and further agrees to use only the
facility(ies) listed above. Applicant agrees to read and abide by the "Facility Use Rules and Regulations" and the Board of Park
Commissioners, "Rules and Regulations" (supplemental brochure).
X:X:
Title:
Community Services StaffLuke Baron
Date:
City of Renton Community Services Department
Date:
Congressman Adam Smith
2209 Pacific Ave Suite B
Tacoma WA 98402
Home: ()Business: (253)593-6600Fax: ()
Email Address:
Page: 2
6c. ‐ Community and Economic Development Department requests
approval to waive a Carco Theater rental fee in the amount of $390 Page 20 of 86
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Cedar River Trail - Trestle Bridge Repair at
Maplewood Roadside Park
Meeting:
Regular Council - 07 Mar 2011
Exhibits:
Issue Paper
Discretionary Work Request for King County Road
Services
CAG-08-180 King County Interlocal for Road
Services
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Todd Black x-6571
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ $170,000 Transfer Amendment: $
Amount Budgeted: $ $170,000 Revenue Generated: $
Total Project Budget: $ $170,000 City Share Total Project: $
SUMMARY OF ACTION:
The existing east wood abutment, wood footings and sills and 20 of the wood columns of the trestle
bridge at Maplewood Roadside Park have dry rot and are in the process of failure. This has started to
jeopardize the safety of the trestle bridge, which supports a portion of the Cedar River Trail. An
independent structural engineer recommends this work be completed within varying time periods,
from now through the next two years. Since the trestle bridge needs to be raised to perform the repair
work, staff recommends proceeding at this time with all identified work recommended to be completed
within the two year time period.
This project is identified in the 316 fund under Structural Reviews and Repairs and has a budget of
$25,388 recommended to be carried forward as part of a Carry Forward Budget Adjustment. A transfer
of funds as part of the Carry Forward Budget Adjustment in the amount of $144,612 will fund the
balance of this $170,000 Discretionary Work Request.
Renton has an interlocal agreement with the King County Road Services Division, and their staff
performs repairs to all trestle bridges as a part of the County-wide regional trail system; staff
recommends King County for this work.
STAFF RECOMMENDATION:
Approve a Discretionary Work Request with King County Road Services to repair the Cedar River Trail
trestle bridge at Maplewood Roadside Park in the amount of $170,000.00 and authorize the funding
request.
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 21 of 86
h:\parks\capital project coordinator\projects a-z\cedar river trail - various projects\trestle inspection and repair\king
county\trestlebridge-issuepapermemo.doc
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:February 28, 2011
TO:Terri Briere, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
Todd Black, Capital Project Coordinator (x-6571)
SUBJECT:Cedar River Trail - Trestle Bridge Repair at Maplewood Roadside Park
– Agreement for Services
ISSUE:
Should the Mayor and City Clerk be authorized to proceed under an existing interlocal
agreement with King County Road Services Division to replace the east trestle wood
abutment, replace the wood footings and sill plates for six support bents, and replace 20
wood columns?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Discretionary Work Request with King
County Road Services Division in the amount of $170,000.00.
BACKGROUND SUMMARY:
The existing east abutment, wood footings and sills, and 20 of the wood columns have
dry rot and are in the process of failure. This has started to jeopardize the safety of the
trestle bridge, which supports a portion of the Cedar River Trail. An independent
structural engineer recommends this work be completed within varying time periods,
from now through the next two years. Since the trestle bridge needs to be lifted for the
work, staff believes it most feasible to proceed with all recommended work within the
two year time period, at one time.
Renton has an interlocal agreement with the King County Road Services Division, and
their staff has extensive experience with trestle bridge repair, as King County performs
repairs to all trestle bridges of the County-wide trail system.
Staff recommends King County Road Services Division for this repair work. Staff has
reviewed the Discretionary Work Request for completeness, inclusion of all required
forms, and mathematical correctness of the Request. All of the paperwork is in order.
Staff proposes to accept the Time and Materials budget Discretionary Work Request
with a maximum fee of $170,000.00.
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 22 of 86
Terri Briere, Council President
Page 2 of 2
February 28, 2011
h:\parks\capital project coordinator\projects a-z\cedar river trail - various projects\trestle inspection and repair\king
county\trestlebridge-issuepapermemo.doc
The project is currently identified under Structural Reviews and Repairs -
316.332028.020.594.76.63.000 - and has a 2010 balance of $25,388 being
recommended to be carried forward.
The remaining funding will require a transfer of funds as part of a carry forward budget
adjustment:
Lighting System Upgrades at Philip Arnold Park
316.332023.020.594.76.63.000 Capital Improvement Program, Major
Maintenance - $97,915.00
Shoreline and Bank Stabilization
316.332024.020.594.76.63.000 Capital Improvement Program, Parks
Maintenance - $46,697.00
CONCLUSION:
Replacing the east abutment, six bent footings and sills, and 20 wood columns will
prolong the useful life of the trestle bridge along the Cedar River Trail at Maplewood
Roadside Park.
Cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance Administrator
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 23 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 24 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 25 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 26 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 27 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 28 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 29 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 30 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 31 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 32 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 33 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 34 of 86
6d. ‐ Community Services Department recommends approval of a
contract with King County Road Services Division in the amount of Page 35 of 86
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Resolution adopting revised Fair Practices policy
Meeting:
Regular Council - 07 Mar 2011
Exhibits:
Issue Paper
Resolution
Submitting Data: Dept/Div/Board:
Human Resources
Staff Contact:
Nancy Carlson, HRRM Administrator
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ n/a Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City recently revised its Fair Practices Policy and Procedure to reflect current legal requirements
with regard to equal employment opportunity guidelines. It is customary for the Fair Practices policy
changes to be adopted by resolution. A copy of the policy summary is then routinely provided in bid
calls and to all contractors, sub-contractors, consultants and suppliers conducting business with the
City of Renton. Equal employment guidelines have changed and the policy summary has not been
revised in some time; it was also necessary to delete references to outdated programs, such as the
Affirmative Action Plan.
STAFF RECOMMENDATION:
Adopt a resolution authorizing the revised Fair Practices policy.
6e. ‐ Human Resources and Risk Management Department recommends
adoption of a resolution authorizing a revised Fair Practices policy.
Page 36 of 86
6e. ‐ Human Resources and Risk Management Department recommends
adoption of a resolution authorizing a revised Fair Practices policy.
Page 37 of 86
6e. ‐ Human Resources and Risk Management Department recommends
adoption of a resolution authorizing a revised Fair Practices policy.
Page 38 of 86
6e. ‐ Human Resources and Risk Management Department recommends
adoption of a resolution authorizing a revised Fair Practices policy.
Page 39 of 86
6e. ‐ Human Resources and Risk Management Department recommends
adoption of a resolution authorizing a revised Fair Practices policy.
Page 40 of 86
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Sublease Renewal from Bosair, LLC to Ace
Aviation, Inc.
Meeting:
Regular Council - 07 Mar 2011
Exhibits:
Operating Permit and Agreement;
Commercial Lease Agreement
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager, (extension 7471)
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ N/A Revenue Generated: $
Total Project Budget: $ N/A City Share Total Project: $
SUMMARY OF ACTION:
Bosair, LLC subleases the premises at 289 East Perimeter Road to Ace Aviation, Inc. under Operating
Permit PAG 04-004, which expired December 31, 2010. Bosair has entered into a new sublease with
Ace Aviation, Inc. and is requesting a new Operating Permit and Agreement for the sublease. There is
no change to the purpose of use and the term of the Operating Permit and Agreement will match that of
the ground lease, expiring on July 5, 2020. The operation of an aircraft maintenance facility is an
approved purpose of use per the Purpose of Use Section of lease LAG 003-86.
STAFF RECOMMENDATION:
Approve the sublease between Bosair, LLC to Ace Aviation, Inc. and authorize the Mayor and City Clerk
to sign the Operating Permit and Agreement with Ace Aviation, Inc.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 41 of 86
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
PAG _
OPERATING PERMIT AND AGREEMENT
between the City of Renton and Ace Aviation,Inc.
THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE
RENTON MUNICIPAL AIRPORT AND AN AGREEMENT (hereinafter "Operating Permit") between
THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Permitter"), and Ace
Aviation, Inc., a Washington corporation (hereinafter "Permittee").
IN CONSIDERATION ofthe covenants and agreements hereinafter set forth,the parties
agree as follows:
1. ACKNOWLEDGEMENT OF SUB-LEASE:
1.1. Pursuant to lease agreement LAG 003-86, executed on August 1, 1986, between the
City of Renton and John,Julie and Terrance Lien, and the Assignment of Lease executed on
March 8, 2001, between John,Julie and Terrance Lien and Bosair LLC, the City of Renton
(Landlord) granted lease LAG 003-86, of the subject premises to Bosair LLC, as Lessee, for the
purpose of operating a Fixed Based Operation, which includes aircraft rebuilding and
maintenance, aircraft modification, light manufacturing, engineering and sales, storage of aircraft
parts, employee and customer parking and tiedown and storage of aircraft.
1.2. Thereafter, Bosair LLC (Lessee) sublet the subject premises to Ace Aviation, Inc.,
(Permittee) by sublease agreement, PAG 04-004, originally executed on April 1, 2004, for the
purpose of operating an aviation maintenance and related aircraft business located at 289 East
Perimeter Road.
1.3. Thereafter, Bosair LLC (Lessee) renewed the sublease of the subject premises to
Ace Aviation, Inc. (Permittee) by sublease agreement dated December 1, 2010, for the purpose
of operating an aviation maintenance facility and related aircraft business located at 289 East
Perimeter Road.
2. GRANT OF OPERATING PERMIT:
2.1. Description of Premises: The premises leased by Ace Aviation, Inc. the
Permittee, is described in the sub-lease as:
The property located at 289 East Perimeter Road, Renton, WA 98057 (see Exhibit A
Lease Map, attached), hereafter referred to as the "Premises."
2.2 Common Areas: Permitee, and its authorized representatives, subtenants,
assignees, agents, invitees, and licensees, shall have the right to use, in common with others,
on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as
OPERATING PERMIT 1
City of Renton to Ace Aviation, Inc.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 42 of 86
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
they may be amended from time to time) pursuant to Section 8.5 below, the public portion of
the Renton Municipal Airport (Aka Clayton Scott Field. Hereinafter referred to as "Airport"),
including the runway and other public facilities provided thereon.
2.2.1 Notwithstanding anything in this Operating Permit to the contrary, Permitter
acknowledges that direct access to the taxiways and runway from the Premises is essential to
the conduct of Permittee's business on the Premises and, except, during construction activities
occurring on the taxiways, runway or weather related events, Permitter shall ensure that
Permittee and its representatives, subtenants, assignees, agents, invitees, and licensees have direct
access to the taxiways and runway at all times during the Term, PROVIDED that if Permitter
plans any construction activity on the taxiways or runway, Permitter will schedule such activity so
as not to interfere with Permittee's use of the Premises, the taxiways, or the runway, will notify
Permittee of any plans for such activity not less than six months in advance of the
commencement of such activity, and will consult and coordinate with Permittee to ensure that
such activity does not interfere with Permittee's use of the Premises, the taxiways, or runway,
except that in the case of an emergency Permitter may proceed with such activity without notice
to the Lessee and will use its best reasonable efforts not to interfere with Permittee's use of the
Premises, taxiway, or runway in addressing such emergency. For purposes of this provision, an
"emergency" is a condition that presents an imminent threat of bodily injury to or death of any
person or loss of or significant amage to any property.
3. CONDITIONS:
3.1. Specific Conditions: This Operating Permit, and Permittee's rights and
permitted uses under this Operating Permit, are subject to the following:
3.1.1 Easements, restrictions and reservations of record;
3.1.2 The Airport Regulations and Minimum Standards pursuant to Section 8.5 below,
including Permitter's standards concerning operation of aviation activities from the Airport; and
3.1.3 All such non-discriminatory charges and fees for use ofthe Airport as may be
established from time to time by Permitter as set out in Section 5.3 of this Operating Permit.
3.2. No Conveyance of Airport: This Operating Permit shall in no way be deemed to be
a conveyance of the Airport, and shall not be construed as providing any special privilege for any
public portion of the Airport except as described herein. The Permitter reserves the absolute right
to lease or permit the use of any portion of the Airport for any purpose deemed
suitable for the Airport, except that portion that is leased hereby.
OPERATING PERMIT 2
City of Renton to Ace Aviation, Inc.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 43 of 86
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
3.3. Nature of Permitter's Interest: It is expressly understood and agreed that Permitter
holds and operates the Airport, and the Premises under and subject to a grant and conveyance
thereof to Permitter from the United States of America, acting through its Reconstruction Finance
Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of
the United States therein and thereunder, which grant and conveyance has been filed for record
in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of
Deeds, Page 386; and further that Permitter holds and operates said Airport and Premises under
and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of
1947), and any subsequent amendments thereof or subsequent legislation of said state and all
rules and regulations lawfully promulgated under any act or legislation adopted by the State of
Washington or by the United States or the Federal Aviation Administration. It is expressly agreed
that the Permittee also accepts and will hold and use this Operating Permit and the Premises
subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing,
and if this Operating Permit, its Term, or any conditions or provisions of this Operating Permit are
or become in conflict with or impaired or defeated by any such legislation, rules, regulations,
contingencies or risks,the
latter shall control and, if necessary, modify or supersede any provision of this Operating
Permit affected thereby, all without any liability on the part of, or recourse against, Permitter in
favor of Permittee, provided that Permitter does not exceed its authority under the foregoing
legislation, rules and regulations.
3.4. Future Development/Funding: Subject always to Permittee's rights under Section
2.2.1of this Operating Permit, nothing contained in this Operating Permit shall operate or be
construed to prevent or hinder the future development, improvements, or operation of Airport by
Permitter, its agents, successors or assigns, or any department or agency of the State of
Washington or of the United States, or the consummation of any loan or grant of federal or state
funds in aid of the development, improvement, or operation of the Renton Municipal Airport, but
Permitter's exercise of such rights shall not unreasonably interfere with
Permittee's rights under this Operating Permit.
4. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT:
Permit Term: The Term ofthis Operating Permit is 9 years 7 months (approximately
9.6 years), commencing on December 1, 2010 and terminating on July 5, 2020. In no event will
the term of the Operating Permit and Agreement be extended beyond July 5, 2020.
5. RENTAL:
5.1. Rent on lease: As rental for the premises described in LAG 003-86 and Addenda
thereto, Lessee has agreed to pay Permitter a monthly rental in the sum of two thousand nine
hundred fifty-six dollars and seventy-one cents ($2,956.71) commencing on December 1, 2010
which does not include leasehold excise tax. The Rental amount set out herein is subject to
Periodic Rental Adjustments as set out in Lease LAG 003-86, Addendum 6-10.
OPERATING PERMIT 3
City of Renton to Ace Aviation, Inc.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 44 of 86
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
5.2. Rent on sublease: As rental for the premises described in Section 2, above, during
the term of this Permit,Permittee has agreed to pay Lessee an annual rental of forty-eight
thousand dollars and no cents ($48,000} per year or a monthly rental in the sum of four
thousand dollars and no cents ($4,000} commencing on December 1, 2010 which does not
include leasehold excise tax. In the event Lessee fails to pay the rent identified in Section 5.1.,
above, and any future rental rate increases,then Permittee may, whether Permittee subleases all
or part of Lessee's Airport leasehold interest as described in LAG 003-86 and addenda thereto,
pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent, then the
Permitter may terminate this permit with ten (10) days' notice.
5.3. Other Charges: Permittee further agrees to pay, in addition to the rental specified
and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or
established by Permitter, or its successors, or by any other governmental agency or authority,
being or becoming levied or charged against the premises, structures, business operations, or
activities conducted by or use made by Permittee of, on, and from the leased premises which
shall include, but not be limited to, all charges for light, heat, gas, power, garbage, water and other
utilities, Aircraft Rescue and Fire Fighting services or services rendered to said premises. In the
event Lessee fails to pay the other charges identified in this Section 5.3.,then Permittee may,
whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in
LAG 003-86 and addenda thereto, pay said other charges, when due. In the event neither the
Lessee nor Permittee pay said other charges, then the Permitter may terminate this permit with
ten (10) days' notice.
5.4. Leasehold Excise Tax: In the event that the State of Washington or any other
governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax
or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge,
then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest
as described in LAG 003-86 and addenda thereto, pay said tax or charge, when due. Such tax or
charge shall be in addition to the regular monthly rentals. In the event neither the Lessee nor
Permittee pay said tax or charge,then the Permitter may terminate this permit with ten {10) days'
notice.
6. PAYMENT OF UTILITIES AND RELATED SERVICES.
6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as
described in LAG 003-86 and addenda thereto, if Lessee fails to pay such utilities and service
charges,then Permittee may pay all light, heat, gas, power, garbage, water, sewer and
janitorial service used in or on the Premises when due. In the event neither the Lessee nor the
Permittee pay said utility or service charges, then the Permitter may terminate this Permit with ten
(10) days' notice.
6.2. Permitter shall not be liable for any loss or damage caused by or resulting from any
variation, interruption, or failure of said utility services due to any cause whatsoever; and no
OPERATING PERMIT 4
City of Renton to Ace Aviation, Inc.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 45 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
temporary interruption or failure of such services incident to the making of repairs, alterations or
improvements, or due to accident, strike, act of God, or conditions or events not under Permitter's
control, shall be deemed a breach of the Permit or as an eviction of Permittee, or relieve Permittee
from any of its obligations hereunder.
7. PERMITTEE'S ACCEPTANCE OF PREMISES.
7.1. Acceptance of Premises: By occupying the Premises, Permittee formally accepts the
same in AS IS condition, and acknowledges that the Permittor has complied with all the
requirements imposed upon it under the terms of this Permit with respect to the condition of the
Premises at the commencement of this term. Permittee hereby accepts the premises subject to
all applicable zoning, municipal, county and state laws, ordinances and regulations governing and
regulating the use of the premises, and accepts this Permit subject thereto and to all matters
disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither
Permittor nor Permitter's agent has made any representation or warranty as to the suitability of the
Premises for the conduct of Permittee's business or use. Except as
otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the
premises without any disturbance from Permittor, or others claiming by or through Permittor.
8. PURPOSE AND USE:
8.1. Use of Premises: The Premises are leased to the Permittee for the following
described purpose:
8.1.1. Operation of an aviation maintenance and related aircraft business in
accordance with the Airport Regulations and Minimum Standards pursuant to Section 8.5
below:
8.2. Continuous Use: Permittee covenants that the premises shall be continuously used
for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle,
and shall not be used for any other purpose without Permitter's written consent first having been
obtained. Consent of Permittor to other types of activities will not be unreasonably withheld.
8.3. Non-Aviation Uses Prohibited: Permittee agrees that, except as expressly provided
above,the Premises may not be used for uses or activities that are not related, directly or
indirectly, to aviation.
8.4. Signs: No advertising matter or signs shall be at any time displayed on the leased
premises or structures without the written approval of Permittor, which will not be unreasonably
withheld. One sign, of the type and dimensions specified by the Airport
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 46 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
Manager, shall be permitted to be displayed on the Rainier and Airport Way entrance fences
through the termination date of this permit.
8.5. Conformity with Rules: Permittee further covenants to keep and operate the Premises
and all structures, improvements, and activities in conformity with all rules, regulations and laws now
or hereafter adopted by Permitter, including the Airport Regulations and Minimum Standards which
are incorporated herein by this reference, the Federal Aviation Administration,the State Aeronautics
Commission, or other duly constituted governmental authority, all at Permittee's cost and expense.
8.6. Waste; Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or
injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance
thereon, nor the use thereof for any illegal purposes or activities.
8.7. Increased Insurance Risk: Permittee shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb, or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport.
8.8. Aircraft Registration Compliance: The Permittee is hereby notified of the Washington
State law concerning aircraft registration and the requirement that tenant comply therewith. See
Title 47.68.250 RCW: Public Highways and Transportation.
9. HAZARDOUS SUBSTANCE USE:
9.1. Permittee's Representation and Warranty: Permittee 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 Permittee improvements or alterations placed on the Premises by Permittee. Permittee
represents and warrants to Permitter that Permittee's intended use of the Premises does not and
will not involve the use, production, disposal or bringing on to the Premises of any hazardous
substance, hazardous material, waste, pollutant, or contaminant, as those terms are defined in any
federal, state, county, or city law or regulation (collectively, "Hazardous Substances") other than
fuels, lubricants and other products which are customary and necessary for use in Permittee's
ordinary course of business, provided that such products are used, stored and disposed of in
accordance with applicable laws and manufacturer's and supplier's guidelines. Permittee shall
promptly comply with all laws and with all orders, decrees or judgments of governmental
authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage,
control, removal or cleanup by Permittee of Hazardous Substances, in, on or under the Premises, or
incorporated in any improvements or alterations made by Permittee to the Premises, at Permittee's
sole cost and expense.
9.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no
Hazardous Substances are improperly used, released or disposed in, on or under the
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 47 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
Premises during the Term by Permittee, or its authorized representatives, or are improperly
used, released or disposed on the Premises by the act of any third party.
9.3. Compliance Notification: In the event of non-compliance by Permittee, after notice to
Permittee and a reasonable opportunity for Permittee to effect such compliance, Permitter may, but
is not obligated to, enter upon the Premises and take such actions and incur such
costs and expenses to effect such compliance with laws as it deems advisable to protect its
interest in the Premises, provided, however that Permitter shall not be obligated to give Permittee
notice and an opportunity to effect such compliance if (i) such delay might result in material
adverse harm to the Premises or the Airport, or (ii) an emergency exists. Permittee shall reimburse
Permitter for the full amount of all costs and expenses incurred by Permitter in connection with
such compliance activities and such obligation shall continue even after expiration or termination of
the Term. Permittee shall notify Permitter immediately of any release of any Hazardous
Substances in, on or under the Premises.
9.4. Indemnity:
9.4.1. Permitter shall have no responsibility to the Permittee, or any other third party, for
remedial action under R.C.W. Chapter 70.1050, or any other federal, state, county or municipal
laws, in the event of a release of or disposition of any Hazardous Substances in, on or under the
Premises during the Term that were caused by Permittee. Permittee shall defend, indemnify and
hold harmless Permitter from any obligation or expense, including, but not limited to, fees incurred
by the Permitter for attorneys, consultants, engineers, damages, environmental resource damages,
and remedial action under R.C.W. Chapter 70.1050, arising
by reason of the release or disposition of any Hazardous Substances in, on or under the
Premises during the Term that are caused by Permittee.
9.4.2. Permittee shall have no responsibility to the Permitter, or any other third party, for
remedial action under R.C.W. Chapter 70.1050, or other federal, state, county or municipal laws,
nor shall Permittee have any other liability or responsibility of any kind, in the event of the
presence, release, or disposition of any Hazardous Substance on, in, or under the Premises
unless such presence, release, or disposition of any Hazardous Substance was caused by
Permittee. Permitter shall defend, indemnify and hold harmless Permittee, any financial institution
or entity which finances in whole or in part Permittee's construction on the Premises, and their
directors, officers, agents, employees, and contractors (collectively, "lndemnitees") from any claims
(including without limitation third party claims for personal injury or real or personal property
damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage,
obligation or expense, including, but not limited to, fees incurred by Permittee or any Indemnitee
for attorneys, consultants, engineers, damages, environmental resource damages, and remedial
action under R.C.W. Chapter 70.1050 or other Remediation, arising from or in connection with
the presence, suspected presence, release or
suspected release of any Hazardous Substances in, on or under the Premises that is not caused,
in whole or in part, by Permittee or the lndemnitees.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 48 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
9.4.3. The provisions of this Subsection 9.4 shall survive the expiration or sooner
termination of the Term of this Operating Permit. No subsequent modification or termination of
this Operating Permit by agreement of the parties or otherwise shall be construed to waive
or to modify any provisions of this Section unless the termination or modification agreement or
other document expressly so states in writing.
9.5. Dispute Resolution: In the event of any dispute between the parties concerning
whether any Hazardous Substances were brought onto the Premises by Permittee, or whether any
release of or disposition of any Hazardous Substance was caused by Permittee,the parties agree
to submit the dispute for resolution by arbitration upon demand by either party. Each party shall
select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree within a period ofthirty
(30) days after such appointment, as that term is defined in Section 9.5.1of this Operating Permit,
shall select a third arbitrator. The arbitrators shall be environmental consultants with experience in
the identification and remediation of Hazardous Substances.
The arbitrators shall make their decision in writing within sixty (GO) days after their
appointment, unless the time is extended by the agreement of the parties. The decision of a
majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the
cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the
parties equally.
9.5.1Appointed Arbitrators: The two appointed arbitrators shall meet, and shall make their
decision in writing within thirty (30) days after the date of their appointment. If the appointment
date for either arbitrator is later than the other, the latter date shall be the appointment date for
purposes of the thirty (30) day deadline. If the two arbitrators are unable to agree within a period
of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the
first thirty (30) day period, select a third arbitrator. If such third arbitrator has not been selected or
if such third arbitrator has not accepted such appointment within such thirty (30) day period, either
Permitter or Permittee may apply to the head of the Seattle office of the American Arbitration
Association to appoint said third arbitrator.
10. MAINTENANCE:
10.1. Maintenance of Premises: The Premises and all of the improvements or structures
thereon and authorized by the Permitter for use by the Permittee, shall be used and maintained
by Permittee in an operable, neat, orderly, and sanitary manner. Permitter shall
not be called upon to make any improvements, alteration, or repair of any kind upon the
Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and
regular intervals of rubbish,trash, waste and leaves around the Premises, including that blown
against fences bordering the Premises, whether as a result of the Permittee's activities or having
been deposited upon the Premises from other areas. Permittee shall maintain in good
condition and repair the Premises, subject to ordinary wear and tear, including without
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 49 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
limitation, the interior and exterior walls, floors, roof, and ceilings, and any structural portions of the
Premises the exterior and interior portions of all doors, windows,glass, utility facilities, plumbing and
sewage facilities within the building or under the floor slab including free flow up to the main
sewer line, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including
exterior mechanical equipment, exterior utility facilities, and exterior electrical equipment serving
the Premises. Permittee shall make all repairs, replacements and renewals, whether ordinary or
extraordinary, anticipated or unforeseen,that are necessary to maintain the Premises in the condition
required by this Section.
10.2. Maintenance, Repair and Marking of Pavement: Permittee shall be responsible for,
and shall perform, the maintenance, repair and marking {painting) of pavement surrounding the
buildings within and on the Premises. Such maintenance and repair shall include, as a
minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete
or asphalt pavements, as necessary. To the degree the concrete and asphalt pavements are
brought to FAA standards at any time during the Term of this Lease, Permittee shall maintain
the concrete and asphalt pavements in such condition.
10.3. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of
snow and/or floodwaters or mud deposited there from the Premises and those areas of the
sublease utilized by the Permittee, with the disposition thereof to be accomplished in such a
manner so as to not interfere with or increase the maintenance activities of Permitter upon the
public areas of the Airport.
10.4. Permitter May Perform Maintenance: If Permittee fails to perform Permittee's
obligations under this Section, Permitter may at its option {but shall not be required to) enter the
Premises, after thirty {30) days' prior written notice to Permittee, and put the same in good order,
condition and repair, and the cost thereof together with interest thereon at the rate of twelve
{12%) percent per annum shall become due within thirty {30) days of the date of the invoice.
11. ALTERATIONS.
11.1. Protection from Liens: Before commencing any work relating to alterations,
additions and improvements affecting the Premises {"Work"), Permittee shall notify Permitter in
writing of the expected date of commencement of the Work. Permittee shall pay, or cause to be
paid, all costs of labor, services and/or materials supplied in connection with any Work.
Permittee shall keep the Premises free and clear of all mechanics' and materialmen's liens and
other liens resulting from any Work. Permittee shall have the right to contest the correctness or
validity of any such lien if, immediately on demand by Permitter, it procures and records a lien
release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory
requirements therefor in the State of Washington. Permittee 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
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 50 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
such judgment becomes a lien on the Premises, whichever is earlier. If Permittee shall be in
default under this Section, by failing to provide security for or satisfaction of any mechanic's or
other liens, then Permitter may, at its option, in addition to any other rights or remedies it may
have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge
the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as
Permitter shall deem necessary or advisable, and, in any such event, Permittee shall pay, on
Permitter's demand, all reasonable costs (including reasonable attorney fees) incurred by
Permitter in settling and discharging such lien together with interest thereon at the rate of
twelve (12%) percent per year from the date of Permitter's payment of said costs. Permitter's
payment of such costs shall not waive any default of Permittee under this Section.
11.2. Bond: At any time Permittee either desires to or is required to make any repairs,
alterations, additions, improvements or utility installation thereon, or otherwise, Permitter
may at its sole option require Permittee, at Permittee's sole cost and expense, to obtain and
provide to Permitter a performance bond in an amount equal to one and one-half (1-1/2) times
the estimated cost of such improvements, to insure Permitter against liability for mechanics
and materialmen's liens and to insure completion of the work.
11.3. Permitter May Make Improvements: Permittee agrees that Permitter may, at its option
and at its expense, make repairs, alterations or improvements which Permitter may deem
necessary or advisable for the preservation, safety, or improvement of utilities or Airport
infrastructure on the Premises, if any. Permitter shall provide ten {10) days' advance notice of any
such work and use reasonable efforts to not interfere with Permittee's use of the Premises during
any such work.
11.4 Improvements: As further consideration for this Operating Permit, it is agreed that
upon the expiration or sooner termination of the Term, all structures and any and all
improvements of any character whatsoever installed on the Premises shall be and become the
property of the Permitter, and title thereto shall automatically pass to Permitter at such time, and
none of such improvements now or hereafter placed on the Premises shall be removed therefrom
at any time without Permitter's prior written consent. During the Term, Permittee shall hold title to
all improvements placed by Permittee on the Premises. Permittee covenants and agrees that
Permittee will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering
such improvements before transfer of ownership of such improvements to Permitter upon the
expiration or sooner termination of the Term. Alternatively, Permitter may, at its option, require
Permittee, upon the expiration or sooner termination of the Term, if any, to remove any and all
improvements and structures installed
by Permittee from the Premises and repair any damage caused thereby, at Permittee's
expense.
11.5. Notification of Completion: Upon completion of capital improvements made on the
Premises, it is the Permittee's responsibility to promptly notify Permitter of such completion.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 51 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
12. ASSIGNMENT:
12.1. Assignment/Subletting: Permittee shall not voluntarily assign or encumber its interest
in this Operating Permit or in the Premises, or sublease any part or all of the Premises, without
Permitter's prior written consent, which consent shall not be unreasonably withheld, conditioned, or
delayed. Any assignment, encumbrance or sublease without Permitter's consent shall be void and
shall constitute a default by Permittee under this Operating Permit. No consent to any assignment
or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent
assignment or sublease shall be made without Permitter's prior written consent. Before an
assignment or sub-lease will be approved, the proposed assignee or sub-Permittee must comply
with provisions of the then current Airport Leasing Policies, including, but not limited to the
"Analysis of Tenant's Financial Capacity," independent of Permittee's compliance or Financial
Capacity.
If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an
assignment for purposes of this paragraph. In no event will the assignment of the full leasehold
interest or the complete sale of the stock or other interests in the entity constituting
Tenant/Permitee and concomitant transfer of ownership of said entity cause an extension of the
Term of this Operating Permit.
12.2. Permitted Subletting: Notwithstanding the provisions of Section 12.1. above,
Permittee may sublet portions of the Premises for the purpose of aircraft hangar storage and
airplane tie-down space, without Permitter's prior written consent, on a month-to-month or longer
basis (but not longer than the Term), provided that Permitter is informed on at least an annual
basis, in writing, of the name of the subtenant(s), the purpose of the sublease, the amount of the
rental charged, and the type of aircraft stored (make, model and registration number).
Additionally, such information shall be disclosed upon request of Permitter.
12.3. Conditions to Assignment or Sublease: Permittee agrees that any instrument by
which Permittee assigns or sublets all or any portion of the Premises shall (i) incorporate this
Operating Permit by reference, (ii) expressly provide that the assignee or subtenant may not
further assign or sublet the assigned or sublet space without Permitter's prior written consent
(which consent shall not, subject to Permitter's rights under this Section, be unreasonably
withheld, conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate
the provisions of this Operating Permit, and (iv) in the case of any assignment, acknowledge
that Permitter may enforce the provisions of this Operating Permit directly against such
assignee.
12.4. Documentation: No permitted subletting by Permittee shall be effective until there
has been delivered to Permitter a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the
terms and provisions of this Operating Permit; provided, that no Operating Permit
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 52 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
shall be required for the subletting of hangar or tie-down space for aircraft storage purposes. No
permitted assignment shall be effective unless and until there has been delivered to Permitter a
counterpart of the assignment in which the assignee assumes all of Tenant's obligations under
this Operating Permit arising on or after the date of the assignment.
12.5. No Release of Permittee's Liability: Neither an assignment nor subletting, shall be
deemed a waiver of any of the provisions of this Section or release Permittee from its obligation to
comply with the terms and provisions of this Operating Permit and Permittee
shall remain fully and primarily liable for all of Permittee's obligations under this Operating
Permit, unless Permitter otherwise agrees in writing. Notwithstanding the foregoing, in the event
that Permitter's consent to assignment is obtained for a complete assignment and Assignee
agrees in writing to assume all of the obligations and liabilities of this Operating Permit accruing
after such assignment, Permittee shall be relieved of all liability arising from this Operating Permit
and arising out of any act, occurrence or omission occurring after Permitter's consent is obtained.
To the extent that any claim for which indemnification ofthe Permitter (including with respect to
Hazardous Substances) arises after Permittee's complete assignment for conduct predating said
assignment, the Permittee shall not be relieved of obligations or liability arising from this
Operating Permit.
12.6. No Merger: Without limiting any of the provisions of this Section, if Permittee has
entered into any subleases of any portion of the Premises, the voluntary or other surrender of this
Operating Permit by Permittee, or a mutual cancellation by Permitter and Permittee, shall not work
a merger and shall terminate all or any existing subleases or subtenancies.
13. DEFAULT:
13.1 Default: The occurrence of any of the following shall constitute a default by
Permittee under this Operating Permit:
13.1.1. Failure to Comply with Airport Regulations and Minimum Standards: Failure to
comply with the Airport Regulations and Minimum Standards, if the failure continues for a period of
twenty-four (24) hours after notice of such default is given by Permitter to Permittee. If the failure
to comply cannot reasonably be cured within twenty-four (24) hours, then Permittee shall not be in
default under this Operating Permit if Permittee commences to cure the failure to comply within
twenty-four (24) hours and diligently and in good faith continues
to cure the failure to comply. However, said inability to cure within twenty-four (24) hours,
diligence and good faith notwithstanding, cannot be based on financial incapacity.
13.1.2. Other Defaults: Failure to perform any other provision of this Operating Permit, if
the failure to perform is not cured within thirty (30) days after notice of such default has been given
by Permitter to Permittee. If the default cannot reasonably be cured within thirty
{30) days, then Permittee shall not be in default under this Operating Permit if Permittee
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 53 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
commences to cure the default within thirty (30} days and diligently and in good faith
continues to cure the default.
13.1.3. Appointment of Trustee or Receiver: The appointment of a trustee or receiver to
take possession of substantially all of the Permittee's assets located at the Premises or of
Permittee's interest in this Operating Permit, where possession is not restored to Permittee
within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of
Permittee's assets located at the Premises or of Permittee's interest in this Operating Permit,
where such seizure is not discharged within sixty (60) days.
13.2. Additional Security: If Permittee is in default under this Operating Permit, and
such default remains uncured for more than three (3) business days after Permittor gives
Permittee notice of such default, then Permittor, at Permittor's option, may require Permittee to
provide adequate assurance of future performance of all of Permittee's obligations under this
Operating Permit in the form of a deposit in escrow, a guarantee by a third party acceptable to
Permittor, a surety bond, a letter of credit or other security acceptable to, and approved by,
Permittor. If Permittee fails to provide such adequate assurance within twenty (20) days of receipt
of a request by Permittor for such adequate assurance, such failure shall constitute a material
breach of this Operating Permit and Permittor may, at its option, terminate this Operating Permit.
13.3. Remedies: If Permittee commits a default, then following the expiration of the
notice and cure periods set forth in Section 13.1above, Permittor shall have the following
alternative remedies, which are in addition to any remedies now or later allowed by law, and
Permittor shall use reasonable efforts to mitigate its damages:
13.3.1. Maintain Operating Permit in Force: To maintain this Operating Permit in full
force and effect and recover any monetary charges as they become due, without terminating
Permittee's right to possession, irrespective of whether Permittee shall have abandoned the
Premises. If Permittor elects to not terminate the Operating Permit, Permittor 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 Permittor deems reasonable and
necessary, without being deemed to have elected to terminate the Operating Permit, including
removal of all persons and property from the Premises; such property may be removed and
stored in a public warehouse or elsewhere at the cost of and on the account of Permittee. In the
event any such re-letting occurs, this Operating Permit shall terminate automatically upon the new
Permittee taking possession of the Premises. Notwithstanding that Permittor fails to elect to
terminate the Operating Permit initially, Permittor at any time during the Term may elect to
terminate this Operating Permit by virtue of such previous default of Permittee so long as
Permittee remains in default under this Operating Permit.
13.3.2. Terminate Operating Permit: To terminate Permittee's right to possession by
any lawful means, in which case this Operating Permit shall terminate and Permittee shall
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 54 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
immediately surrender possession of the Premises to Permitter. In such event Permitter shall be
entitled to recover from Permittee all damages incurred by Permitter by reason of Permittee's
default including without limitation thereto,the following: (i) any amount necessary to compensate
Permitter for all the detriment proximately caused by Permittee's
failure to perform its obligations under this Operating Permit or which in the ordinary course of
business would be likely to result therefrom, including without limitation, (A) any costs or expenses
incurred by Permitter including reasonable attorney fees, and (B) such other amounts in addition to
or in lieu of the foregoing as may be permitted from time to time by applicable state law. The
amounts referenced in this Section include interest at 12% per annum.
14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set
forth herein, all of the terms, conditions, and provisions of this Permit shall be binding upon the
parties, their successors and assigns, and in the case of a Permittee who is a natural
person, his or her personal representative and heirs.
15. CONDEMNATION: lfthe whole or any substantial part of the Premises shall be
condemned or taken by Permitter or any county, state, or federal authority for any purpose, then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose. From that day the Permittee shall have the right to either cancel this
Operating Permit and declare the same null and void, or to continue in the possession of the
remainder of the same under the terms herein provided. All damages awarded for such taking for
any public purpose shall belong to and be the property of the Permitter, whether such damage
shall be awarded as compensation for the diminution in value to the leasehold,
or to the fee of the Premises herein leased. Damages awarded for the taking of Permittee's
improvements located on the Premises shall belong to and be awarded to Permittee.
16. RIGHT OF INSPECTION: Permittee will allow Permitter, or Permitter's agent, free
access to the Premises at all reasonable times for the purpose of inspection, or for making
repairs, additions or alterations to the Premises, or any property owned by or under the control
of Permitter.
17. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at the
end of the term in a condition as good as the reasonable use thereof would permit, normal wear
and tear excepted. Alterations, additions or improvements which may be made by either of the
parties hereto on the Premises, except movable office furniture or trade fixtures put in at the
expense of Permittee, shall be and remain the property of the Permitter and shall remain on and
be surrendered with the Premises as a part thereof at the termination of this lease without
hindrance, molestation, or injury. Permittee shall repair at its sole expense any damage to the
Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures, furnishings
and equipment which repair shall include the patching and filling of holes and repair of structural
damage.
18. INSURANCE:
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 55 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
18.1. Personal Property: Permittee, at its expense, shall maintain in force during the Term
a policy of special form- causes of loss or all risk property insurance on all of Permittee's structures,
alterations, improvements,trade fixtures, furniture and other personal property in, on or about the
Premises, in an amount equal to at least their full replacement cost. Any proceeds of any such
policy available to Permittee shall be used by Permittee for the restoration of Permittee's structures,
alterations, improvements and trade fixtures and the replacement of Permittee's furniture and other
personal property. Any portion of such proceeds not used for such restoration shall belong to
Permittee. Permittee shall not be required to restore structures, alterations, improvements or trade
fixtures if available insurance proceeds are not sufficient to do so.
18.2. liability Insurance: Permittee, at its expense,shall maintain in force during the Term
the following types of insurance (or equivalents): a policy of airport liability insurance (including
premises liability, aircraft products and completed operations coverage, and hangar keepers
liability coverage) with the following limits: Premises liability: $1,000,000 per occurrence,
$2,000,000 annual aggregate; products and completed operations coverage:
$1,000,000 per occurrence, $2,000,000 annual aggregate; hangar keepers liability: $1,000,000 each
aircraft and, $1,000,000 per occurrence; operator of aircraft liability insurance in the amount of
$1,000,000 per occurrence. Notwithstanding the foregoing, if any similarly situated Permittee at the
Airport is required to carry insurance coverages or limits lower than those required under this
Operating Permit, Permittee's insurance obligations shall be limited to those lower requirements,
and Permitter shall provide reasonable information about insurance requirements applicable to other
Permittees upon request. The limits of said insurance shall not, however, limit the liability of
Permittee hereunder. Permitter shall be named as an additional insured on Permittee's airport liability
insurance solely with respect to the operations of the named insured (i.e., Permittee), Permittee with
that coverage being primary and non-contributory with any other policy(ies) carried by, or available
to, Permitter. No such policy shall be cancelable or subject to reduction of coverage below the
required limits except after forty-five (45) days' prior written notice to Permitter.
18.3. Insurance Policies: Insurance required hereunder shall be written by a company or
companies authorized to do business in the State of Washington, rated A-VIII or better in the
most recent edition of "Best's Insurance Guides." The liability Insurance limits set out in Section
18.2 shall be subject to change every 6 years, to coincide with the rental adjustment date. The
new liability Insurance limits shall be established by the then current limits being imposed by
Permitter on Airport Permittees within the immediately preceding 6 years. Insurance required
herein shall provide coverage on an occurrence basis, not a claims-made basis. Notice of
increased minimum insurance coverage amounts shall be sent to the Permittee at least ninety
(90) days prior to the annual renewal date of the Permittee's insurance. Prior to possession (but
for the property insurance, upon the issuance of a certificate of occupancy), the Permittee shall
deliver to Permitter documents, in a form acceptable to Permitter, evidencing the existence and
amounts of such insurance. Permittee
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 56 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
shall, not less than fourteen (14} calendar days prior to the expiration of such policies, furnish
Permitter with evidence of renewal of such insurance, in a form acceptable to Permitter.
Permittee shall not do or permit to be done anything which shall invalidate the insurance policies
referred to above. Permittee shall forthwith, upon Permitter's demand, reimburse Permitter for any
additional premiums for insurance carried by Permitter attributable to any act or omission or
operation of Permittee causing such increase in the cost of insurance. If Permittee shall fail to
procure and maintain such insurance, then Permitter may, but shall not be required to, procure
and maintain the same, and Permittee shall promptly reimburse Permitter for the premiums and
other costs paid or incurred by Permitter to procure and maintain such insurance.
18.4. Waiver of Subrogation: Permittee and Permitter each waives any and all rights of
recovery against the other, or against the officers, employees, agents and representatives of the
other, for loss of or damage to such waiving party or its property or the property of others under its
control, where such loss or damage is insured against under any insurance policy in force at the
time of such loss or damage or, in the case of Permitter, that would be covered under a property
insurance policy for the full replacement value of any improvements owned by Permitter at the
Airport. Permittee shall, upon obtaining the policies of insurance required hereunder,give notice to
the insurance carriers that the foregoing mutual waiver of subrogation is contained in this
Operating Permit.
19. LIMITATION UPON PERMITTOR'S LIABILITY: Permitter shall not be liable for any
damage to property or persons caused by, or arising out of (a) any defect in or the maintenance or
use of the Premises, or the improvements, fixtures and appurtenances of which the premises
constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or
other body of water, or from any other source whatsoever, whether within or without the
Premises; or (c) any act or omission of any Permittee or other occupants of the building, or their
agents, servants, employees or invitees thereof.
20. INDEMNITY: Permittee covenants to indemnify and save harmless Permitter against any
and all claims arising from the conduct and management of or from any work or thing whatsoever
done in or about the Premises or the improvements or equipment thereon during the Operating
Permit term, or arising from any act or negligence of the Permittee or any of its agents, contractors,
patrons, customers, or employees, or arising from any accident,
injury, or damage whatsoever, however caused,to any person or persons, or to the property of
any person, persons, corporation or other entity occurring during the Operating Permit term on,
in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities
incurred in or from any such claims or any action or proceeding brought against the Permitter by
reason of any such claim, except such claims arising directly or indirectly out of Permitter's sole
act or omission. Permittee, on notice from Permitter, shall resist or defend such action or
proceeding forthwith.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 57 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
21. HOLDING OVER: If Permittee, without Permitter'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 Permitter to Permittee terminating this Lease, such possession by Permittee shall
be deemed to be a month-to-month tenancy terminable by Permitter by a notice given to Permittee
at least thirty (30) days prior to the end of any such monthly period or by Permittee by a notice
given to Permitter at least thirty (30) days prior to the end of any such monthly period. During
such month-to-month tenancy, Permittee shall pay Rent in the amount then agreed to in writing
by Permitter and Permittee. All provisions of this Operating Permit, except those pertaining to term,
shall apply to the month-to-month tenancy.
22. NO WAIVER: It is further covenanted and agreed between the parties hereto that no
waiver by Permitter of a breach by Permittee of any covenant, agreement, stipulation, or condition
of this Operating Permit shall be construed to be a waiver of any succeeding breach of the same
covenant, agreement,stipulation, or condition, or a breach of any other covenant agreement,
stipulation, or condition.
23. NOTICES: All notices or requests required or permitted under this Operating Permit
shall be in writing;shall be personally delivered, delivered by a reputable express delivery service
such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage
prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests
to Permitter shall be sent to Permitter at Permitter's Address set forth below and all notices or
requests to Permittee shall be sent to Permittee at Permittee's Address set forth below.
Permitter's Address: Airport Manager
616 West Perimeter Road, Unit A
Renton, Washington 98057
Permittee's Address: 289 East Perimeter Road
Renton, Washington 98057
24. DISCRIMINATION PROHIBITED:
24.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate
against any person or class of persons by reason of race, color, creed, sex, national origin, or
any other class of person protected by Federal or State law or the Renton City Code, in the use
of any of its facilities provided for the public in the Airport. Permittee further agrees to furnish
services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on
a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that
Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 58 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
24.2. Minority Business Enterprise Policy: It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5.
Consequently, this Operating Permit is subject to 49 C.F.R. Part 23, as applicable. No person
shall be excluded from participation in, denied the benefits of or otherwise discriminated
against in connection with the award and performance of any contract, including Operating
Permits covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex.
24.3. Application to Sub-leases: Subject to the provisions of Section 12 of this Permit,
Permittee agrees that it will include the above clause in all assignments of this Operating Permit
or sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in
further assignments or sub-leases.
25. FORCE MAJEURE: In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive
governmental laws or regulations, riots, insurrections, war, or other reason of like nature not
the fault of the party delayed in performing work or doing acts required under the terms of this
Operating Permit, then performance of such act shall be extended for a period equivalent to the
period of such delay. The provisions of this Section shall not, however, operate to excuse
Permittee from the prompt payment of any payment required by the terms of this Permit, to be
made by Permittee.
26. TRANSFER OF PREMISES BY PERMITTOR: In the event of any sale, conveyance,
transfer or assignment by Permitter of its interest in the Premises, Permitter shall be relieved of all
liability arising from this Operating Permit and arising out of any act, occurrence or omission
occurring after the consummation of such sale, conveyance, transfer or assignment. The
Permitter's transferee shall be deemed to have assumed and agreed to carry out all ofthe
obligations of the Permitter under this Operating Permit, including any obligation with respect to
the return of any security deposit.
27. ATTORNEYS' FEES AND COSTS: COLLECTION COSTS: If either party brings any
action for relief against the other party, declaratory or otherwise, arising out of this Operating
Permit, including any action by Permitter for the recovery of Rent or possession of the Premises,
the prevailing party shall be entitled to reasonable attorneys' fees and costs of litigation as
established by the court. If the matter is not litigated or resolved through a lawsuit, then any
attorneys' fees for collection of past-due rent or enforcement of any right of Permitter or duty of
Permittee hereunder shall entitle Permitter to recover, in addition to any late payment charge, any
costs of collection or enforcement, including reasonable attorney's fees.
28. EMERGENCY RESPONSE: Permittee must provide to the Airport Manager
reasonable access and response in times of emergency or urgency. The Permittee is wholly
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 59 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at
the Airport Manager's office.
29. DEFINITIONS: As used in this Operating Permit, the following words and phrases,
whether or not capitalized, shall have the following meanings:
"Additional Rent" means any charges or monetary sums to be paid by Permittee to
Permitter under the provisions of this Operating Permit other than Minimum Monthly Rent.
"Authorized representatives" means any officer, agent, employee, independent
contractor or invitee of either party.
"Environmental Laws and Requirements" means any and all federal, state, local laws,
statutes, ordinances, rules, regulations and/or common law relating to environmental protection,
contamination, the release, generation, production, transport,treatment, processing, use, disposal, or
storage of Hazardous Substances, worker health or safety or industrial hygiene, and the
regulations promulgated by regulatory agencies pursuant to these laws, and any applicable
federal, state, and/or local regulatory agency-initiated orders, requirements, obligations, directives,
notices, approvals, licenses, or permits.
"Expiration" means the coming to an end of the time specified in the Operating Permit as
its duration, including any extension of the Term.
"Hazardous Substances" means any and all material, waste, chemical, compound,
substance, mixture or byproduct that is identified, defined, designated, listed, restricted or otherwise
regulated under any Environmental Laws and Requirements as a "hazardous constituent,"
"hazardous substance," "hazardous material," "extremely hazardous material," "hazardous waste,"
"acutely hazardous waste," "hazardous waste constituent," "infectious waste," "medical waste,"
"biohazardous waste," "extremely hazardous waste," "pollutant," "toxic pollutant" or "contaminant."
The term "Hazardous Substances" includes, without limitation, any material or substance which is
(i) hexavalent chromium; (ii) pentachlorophenol; (iii) volatile organic compounds; (iv) petroleum; (v)
asbestos; (vi) designated as a "hazardous substance" pursuant to Section 311of the Federal Water
Pollution Control Act, 33 U.S.C. §
1251et seq. (33 U.S.C. § 1321); (vii) defined as a "hazardous waste" pursuant to Section 1004 of
the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901et seq. (42 U.S.C. §
6903); (viii) defined as a "hazardous substance" pursuant to Section 101of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §
9601et seq. (42 U.S.C. § 9601); or (ix) designated as a "hazardous substance" pursuant to the
Washington Model Taxies Control Act, RCW 70.1050.010 et seq.
"Parties" means Permitter and Permittee.
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 60 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
11
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-20ll.doc
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.
11
11Rent" means Minimum Monthly Rent, as adjusted from time to time under a Lease,
and Additional Rent.
30. GENERAL PROVISIONS:
30.1. Entire Agreement: This Operating Permit sets forth the entire agreement of the
parties as to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Operating Permit 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.
30.2. EXEMPTION OF PERMITTOR FROM LIABILITY: Permitter or Permitter's agents
shall not be liable for injury to persons or to Permittee's business or loss of income therefrom or
for damage which may be sustained by the person, goods, wares, merchandise or property of
Permittee, its authorized representatives, or any other person in or about the Premises, caused
by or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any
part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any
improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures
and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other
defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning
or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from
any other source whatsoever, whether within or without the Premises; or (f) any act or omission
of any other Permittee or occupant of the building in which the Premises are located, or their
agents, servants, employees, or invitees, provided, that the foregoing exemption shall not apply to
losses to the extent caused by Permitter's or its agents', contractors', or employees' negligence or
willful misconduct.
30.3. Governing Law: This Operating Permit shall be governed by, and construed and
enforced in accordance with, the laws of the State of Washington.
30.4. Severability: Should any of the provisions of this Operating Permit be found to be
invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be
stricken and the remainder of this Operating Permit shall nonetheless remain in full force and
effect unless striking such provision shall materially alter the intention of the parties.
30.5. Jurisdiction and Venue: In the event any action is brought to enforce any of the
provisions of this Operating Permit,the parties agree to be subject to exclusive in personam
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 61 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the
United States District Court for the Western District of Washington.
30.6. Waiver: No waiver of any right under this Operating Permit shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the party sought to
be charged with the waiver and no waiver of any right arising from any breach or failure to
perform shall be deemed to be a waiver of any future right or of any other right arising under this
Operating Permit.
30.7. Captions: Section captions contained in this Operating Permit are included for
convenience only and form no part of the agreement between the parties.
30.8. Assignee as Permittee: The term "Permittee" shall be deemed to include the
assignee where there is a full assignment of the Operating Permit.
30.9. Effectiveness: This Operating Permit shall not be binding or effective until
properly executed and delivered by Permitter and Permittee.
30.10. Gender and Number: As used in this Operating Permit, 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.
30.11. Time of the Essence: Time is of the essence in the performance of all covenants and
conditions in this Operating Permit for which time is a factor.
30.12. Joint and Several Liability: If Permittee is composed of more than one person or
entity, then the obligations of all such persons and entities under this Operating Permit shall be
joint and several.
30.13. No Recordation Without Consent of Permitter: Permittee shall not record this
Operating Permit or any memorandum ofthis Operating Permit without Permitter's prior written
consent.
30.14. Cumulative Remedies: No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
30.15. Corporate Authority: If Permittee is a corporation or limited liability company, each
individual executing this Operating Permit on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Operating Permit
on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or
other action of such corporation or limited liability company and that
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 62 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
this Operating Permit is binding upon said corporation or limited liability company in
accordance with its terms.
30.16. Addenda: The provisions of this Operating Permit shall be subject to those of
Addenda 01-89, 02-98, 03-05, 04-05, 05-10 and 06-10 to Lease LAG 003-86.
PERMITTEE:PERMITTOR:
Ace Aviation, Inc.
a Washington corporation
THE CITY OF RENTON
a Washington municipal
corporation
By _
its: Owner/President
Date: _
Mayor, Denis Law
Date: _
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 63 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
ATTEST:
By
Bonnie Walton, City Clerk
Date:
Approved as to legal form:
Lawrence J. Warren, City Attorney
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 64 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
STATE OF WASHINGTON
COUNTY OF _
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 65 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
: ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
---------of a to be the free
and voluntary act of such for the uses and purposes mentioned in the instrument.
Dated this day of _, 201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at _
My commission expires: _
STATE OF
WASHINGTON
COUNTY OF _
: ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
---------of a to be the free
and voluntary act of such for the uses and purposes mentioned in the instrument.
Dated this day of _, 201_.
[Signature of Notary]
[Print Name of Notary]
STATE OF
WASHINGTON
Notary Public in and for the State of
Washington, residing at-------- My commission
expires: _
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 66 of 86
OPERATING PERMIT
City of Renton to Ace Aviation, Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-2011.doc
COUNTY OF _
: ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
---------of a to be the free
and voluntary act of such for the uses and purposes mentioned in the instrument.
Dated this day of _, 201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at-------- My commission
expires: _
STATE OF
WASHINGTON
COUNTY OF _
: ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
---------of a to be the free
and voluntary act of such for the uses and purposes mentioned in the instrument.
Dated this day of _, 201_.
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at-------- My commission
expires: _
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 67 of 86
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
OPERATING PERMIT
City of Renton to Ace Aviation,Inc.
H:filesys/AIR/Admin/Real Property Management/Ace Aviation/Operating Permit/2-21-201l.doc
EXHIBIT A
Sublease Map and Legal Description
6f. ‐ Transportation Systems Division recommends approval of a
sublease agreement between Bosair, LLC and Ace Aviation, Inc.; and Page 68 of 86
r--.
PAG-04-004
Commercial Lease Agreement
Bosair LLC.to Ace Aviation,Ine
THIS IS A LEASE AGREEMENT,dated December 1st 2010,between Bosair LLC,("Lessor"),
and Ace Aviation,Inc.a Washington corporation ("Lessee")IN CONSIDERATION of the
covenants and agreements hereinafter set forth,the parties agree as follows:
1.Premises:Lessor hereby leases to Lessee the property located at 289 E Perimeter
RD,Renton,WA.98057.
2.TERM:The term of this lease shall be for the period commencing on December
1st 2010 and terminating on July 5th 2020.
3.RENTAL:
3a.Initial Rental:As rental for the above-described premises through 1st 2010,
Lessee shall pay unto Lessor a monthly rental in the sum of $4000 Dollars,plus Leasehold
Excise Tax as described in Paragraph 3f.below,payable promptly in advance on the first day of
each and every month.Lessee covenants that Ace Aviation,Inc.shall make all monthly rental
payments to the Lessor on behalf of all condominium association members.All such payments
shall be made to Bosair,LLC 289 Perimeter RD E,Renton,Washington 98055.
3b.Rental Adjustment Date:Effective as of December 1Sf,2010 the starting date of
this lease,and every three (3)years thereafter,said rental rate as herein specified shall be
readjusted by and between the parties to be effective for each ensuing three (3)year period.
3c.Use of Consumer Price Index-Urban:Lessor and Lessee do hereby further agree
that the Consumer Price Index information to be used for rental adjustments shall be the
Consumer Price Index -Urban (CPI-U)then in effect for all urban consumers,as published by
the US Department of Labor for the Seattle-Tacoma Metropolitan Area.
3d.Late Payment Charge:It is hereby further agreed that if such rental is not paid
before the 10th of each month,then there will be added a late payment charge of 5%per month
for each month of delinquency until paid.It is agreed that this late payment charge isa
reasonable estimate of the increased costs to the city of the staff effort to monitor and collect late
payments,as well as related city expenses due to such late payment.If any check received by
Lessor is returned unpaid for any reason,Lessor reserves the right to make an additional charge
up to the maximum amount allowed by law.
3e.Attorneys Fees/Collection Charges:Should it be necessary to refer this lease to an
attorney for collection or other court action involving breach of lease,occupancy after
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PAG-04-004
termination,or enforcement or determination of any other right and/or duty under this lease,then
it is agreed that the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs of litigation as established by the court.If the matter is not litigated or resolved through a
lawsuit,then any attorney's fees expenses for collection of past-due rent or enforcement of any
right or duty hereunder shall entitle the city to recover,in addition to any late payment charge,
any costs of collection or enforcement,including attorney's fees.
3f.Other Charges:Lessee further agrees to pay,in addition to the rentals
hereinabove specified and other charges hereinabove defined,all fees and charges now in effect
or hereafter levied or established by Lessor,or its successors,or by any other governmental
agency or authority,being or becoming levied or charged against the premises,structures,
business operations,or activities conducted by or use made by Lessee of,on,and from the leased
premises which shall include,but not be limited to,all charges for light,heat,gas,power,
garbage,water and other utilities or services rendered to said premises.
4.LEASEHOLD EXCISE TAX:Lessee hereby agrees and covenants to pay unto
Lessor that certain leasehold excise tax as established by RCW Chapter 82.29A,as amended,or
any replacement thereof,which tax shall be in addition to the stipulated monthly rental and shall
be paid separately to the Director of Finance,City of Renton,at the same time the monthly rental
is due.In the event that the State of Washington or any other governmental authority having
jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this lease or the
leasehold estate,then Lessee agrees and covenants to pay said tax or charge,when due.Such tax
or charge shall be in addition to the regular monthly rentals.
5.PAYMENT OF UTILITIES AND RELATED SERVICES.Lessee shall pay for
all light,heat,gas,power,garbage,water,sewer and janitorial service used in the Premises.
Lessor shall not be liable for any loss or damage caused by or resulting from any variation,
interruption,or failure of said utility services due to any cause whatsoever;and no temporary
interruption or failure of such services incident to the making of repairs,alterations or
improvements,or due to accident,strike,act of God,or conditions or events not under Lessor's
control,shall be deemed a breach of the Lease or as an eviction of Lessee,or relieve Lessee from
any of its obligations hereunder.
6.LESSEE'S ACCEPTANCE OF PREMISES.
6a.General Acceptance of Premises:By occupying the Premises,Lessee formally
accepts the same in AS IS condition,and acknowledges that the Lessor has complied with all the
requirements imposed upon it under the terms of this Lease with respect to the condition of the
Premises at the commencement of this term.Lessee hereby accepts the premises subject to all
applicable zoning,municipal,county and state laws,ordinances and regulations governing and
regulating the use of the premises,and accepts this Lease subject thereto and to all matters
disclosed thereby and by any exhibits attached hereto.Lessee acknowledges that neither Lessor
nor Lessor's agent has made any representation or warranty as to the suitability of the Premises
for the conduct of Lessee's business or use.Except as otherwise provided herein,Lessor
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PAG-04-004
warrants Lessee's right to peaceably and quietly enjoy the premises without any disturbance from
Lessor,or others claiming by or through Lessor.
7.PURPOSE:The premises are to be used for the pupose of aviation maintenance
and related aircraft associated business,and for no other purpose without the written concent of
Lessor.Lessee shall nor permit anything to be done,in or about the premises,which will
increase the existing reste of,or affect,any policy of fire or other insurance upon the building or
its contents,because a cancellation of any insurance policy;or interfere with the rights of other
tentants of the building or injure or annoy them,or use the premises for any unlawful purpose.
Lessee shall not cause or permit any nuisance in,on or about the premises.
7a.Hazardous Waste:Lessee covenants that he will not permit any waste,damage,or
injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance
thereon,nor the use thereof for any illegal purposes or activities.
8.MAINTENANCE:
8a.Maintenance of Premises:The Premises and all ofthe improvements or structures
thereon shall be used and maintained by Lessee in a neat,orderly,and sanitary manner.Lessor
shall not be called upon to make any improvements,alteration,or repair of any kind upon the
Premises.Lessee is responsible for the clean-up and proper disposal at reasonable and regular
intervals of rubbish,trash,waste and leaves upon the Premises,including that blown against
fences bordering the Premises,whether as a result of the operation of Lessee's aircraft tie-down
storage activities or having been deposited upon the Premises from other areas
8b.Removal of Snow/Floodwater/Mud:Lessee shall be responsible for removal of
snow and/or floodwaters or mud deposited therefrom from the Premises,with the disposition
thereof to be accomplished in such a manner so as to not interfere with or increase the
maintenance activities of Lessor upon the public areas of the Airport.
8c.Repair of Personal Property:It is further agreed that all personal property on the
Premises shall be used at the risk of Lessee only,and that Lessor or Lessor's agents shall not be
liable for any damage either to persons or property sustained by Lessee or other persons due to
the Premises or improvements thereon becoming out of repair.
8d.Lessor May Perform Maintenance:If Lessee fails to perform Lessee's obligations
under this Paragraph,Lessor may at its option (but shall not be required to)enter the Premises,
after thirty (30)days'prior written notice to Lessee,and put the same in good order,condition
and repair,and the cost thereof together with interest thereon at the rate of twelve (12%)percent
per annum shall become due and payable as additional rental to Lessor together with Lessee's
next rental installment.
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PAG-04-004
9.ALTERATIONS.
9a.Lessor's Consent Required:Lessee will not make any alterations,additions or
improvements in or to the Premises without the written consent of Lessor first having
been obtained.
9b.Protection from Liens:Before commencing any work relating to alterations,
additions and improvements affecting the Premises,Lessee shall notify Lessor in writing of the
expected date of commencement thereof.Lessor shall then have the right at any time and from
time to time to post and maintain on the Premises such notices as Lessee reasonably deems
necessary to protect the Premises and Lessor from mechanics'liens,materialmen's liens or any
other liens.In any event,Lessee shall pay,when due,all claims for labor or materials furnished
to or for Lessee at or for use in the Premises.Lessee shall not permit any mechanics'or
materialmen's liens to be levied against the Premises for any labor or material furnished to Lessee
or claimed to have been furnished to Lessee or to Lessee's agents or contractors in connection
with work of any character performed or claimed to have been performed on the Premises by or
at the direction of Lessee.
9d.Lessor May Make Improvements:Lessee agrees that Lessor,at its option,may at
its own expense make repairs,alterations or improvements which Lessor may deem necessary or
advisable for the preservation,safety or improvement of the Premises or improvements located
thereon,if any.
10.LIMIT A nON UPON LESSOR'S LIABILITY.Lessor shall not be liable for any
damage to property or persons caused by,or arising out of (a)any defect in or the maintenance or
use of the Premises,or the improvements,fixtures and appurtenances of which the premises
constitute a part;or (b)water coming from the roof,water pipes,flooding of the Cedar River or
other body of water,or from any other source whatsoever,whether within or without the
Premises;or (c)any act or omission of any Lessee or other occupants of the building,or their
agents,servants,employees or invitees thereof.
11.HOLD HARMLESS:Lessee covenants to indemnify and save harmless Lessor
against any and all claims arising from the conduct and management of or from any work or
thing whatsoever done in or about the Premises or the improvements or equipment thereon
during the lease term,or arising from any.act or negligence of the Lessee or any of its agents,
contractors,patrons,customers,or employees,or arising from any accident,injury,or damage
whatsoever,however caused,to any person or persons,or to the property of any person,persons,
corporation or other entity occurring during the lease term on,in,or about the Premises,and from
and against all costs,attorney's fees,expenses,and liabilities incurred in or from any such claims
or any action or proceeding brought against the Lessor by reason of any such claim,except such
claims arising directly or indirectly out of Lessor's sole act or omission.
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PAG-04-004
12.ASSIGNMENT:
12a.Assignment/Subletting:This lease or any part hereof shall not be assigned by
Lessee,by operation of law or otherwise,nor shall the premises or any part thereof be sublet
without the prior written consent bf Lessor,which consent shall not be unreasonably withheld,
subject to Lessor's receipt of commercially reasonable evidence that the proposed assignee or
subtenant is in a financial condition to undertake the obligations of this lease,and,in the event of
assignment,Lessor's receipt of an affidavit from the proposed assignee stating that it has
examined this lease and agrees to assume and be bound by all of Lessee's obligations under this
lease,to the same extent as if it were the original Lessee.If Lessee is a corporation,the transfer
of a majority of Lessee's stock shall constitute an assignment for purposes ofthis paragraph.
12b.Subletting:Lessee may sublet portions of the Premises for the purpose of aircraft
hangar storage,only,without the prior written approval by the Lessor of this permitted use,on a
month-to-month or longer basis (but not longer than the term of this Lease),provided that Lessor
is informed on at least an annual basis,in writing,of the name ofthe sublessee(s),the purpose of
the sublease,the amount of the rental charged,and the type of aircraft stored (make,model and
registration number.Such information shall be disclosed upon request by Lessor.
13.RIGHT OF INSPECTION.Lessee will allow Lessor,or Lessor's agent,free
access at all reasonable times to the Premises for the purpose of inspection,or of making repairs,
additions or alterations to the Premises,or any property owned by or under the control of Lessor.
14.CONDEMNATION:If the whole or any substantial part of the Premises shall be
condemned or taken by Lessor or any county,state,or federal authority for any purpose,then the
term of this lease shall cease as to the part so taken from the day the possession of that part shall
be required for any purpose,and the rent shall be paid up to that date.From that day the Lessee
or Lessor shall have the right to either (a)cancel this lease and declare the same null and void,or
(b)to continue in the possession of the remainder of the same under the terms herein provided,
except that the rent shall be reduced in proportion to the amount of the premises taken for such
public purposes.All damages awarded for such taking for any public purpose shall belong to and
be the property of the Lessor,whether such damage shall be awarded as compensation for the
diminution in value to the leasehold,or to the fee of the premises herein leased.Damages
awarded for the taking of Lessee's improvements located on the premises shall belong to and be
awarded to Lessee.
15.SURRENDER OF PREMISES:Lessee shall quit and surrender the premises at
the end of the term in as good a condition as the reasonable use thereof would permit,normal
wear and tear excepted.Alterations,additions or improvements which may be made by either of
the parties hereto on the Premises,except movable office furniture or trade fixtures put in at the
expense of Lessee,shall be and remain the property of the Lessor and shall remain on and be
surrendered with the Premises as a part thereof at the termination of this lease without hindrance,
molestation,or injury.Lessee shall repair at its sole expense any damage to the Premises
occasioned by its use thereof,or by the removal of Lessee's trade fixtures,furnishings and
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PAG-04-004
equipment which repair shall include the patching and filling of holes and repair of structural
damage.
16.INSURANCE:
16a.Personal Property:It is agreed that Lessor shall not be held liable in any manner
for,or on account of,any loss or damage to personal property of the Lessee,Lessee's invitees or
other persons,which may be sustained by fire or water or other insured peril,or for the loss of
any articles by burglary,theft or any other cause from or upon the Premises.It is acknowledged
that Lessor does not cover any of the personal property of Lessee,Lessee's invitees or other
persons upon the Premises through its insurance.Lessee,its invitees and other persons upon the
Premises are solely responsible to obtain suitable personal property insurance.
16b.Liability Insurance:The Lessee agrees to maintain in force during the term of this
Lease a policy of comprehensive public liability and property damage insurance written by a
company authorized to do business in the State of Washington against any liability arising out of
the ownership,use,occupancy or maintenance of the Premises and all areas appurtenant thereto.
The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death
of one person in anyone accident or occurrence and in an amount of not less than $1,000,000.00
for injury to or death of more than one person in anyone accident or occurrence,and of not less
than $1,000,000.00 for property damage.The limits of said insurance shall not,however,limit
the liability of Lessee hereunder.The insurance policy shall have a Landlord's Protective
Liability endorsement attached thereto.
17 .TAXES:Lessee shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this agreement.
18.HOLDING OVER:If,without execution of any extension or renewal of this lease
Lessee should remain in possession of the premises after expiration or termination of the term of
this lease,then Lessee shall be deemed to be occupying the Premises as a tenant from
month-to-month.All the conditions,terms,and provisions of this lease,insofar as applicable to a
month-to-month tenancy,shall likewise be applicable during such period.
19.NOTICES:All notices under this lease shall be in writing and delivered in
person,with receipt therefor,or sent by certified mail,in the case of any notice unto Lessor,at
the following address:
289 Perimeter RD E,Renton W A.98055
and in case of any notice unto Lessee,to the address of the Premises,or such address as may
hereafter be designated by either party in writing.
20.DISCRIMINATION PROHIBITED:
20a.Discrimination Prohibited:Lessee covenants and agrees not to discriminate
against any person or class of persons by reason of race,color,creed,sex or national origin in the
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use of any of its facilities provided for the public in the Airport.Lessee further agrees to furnish
services on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge
on a fair,reasonable and not unjustly discriminatory basis for each unit of service;provided that
Lessee may make reasonable and non-discriminatory discounts,rebates,or other similar types of
price reductions to volume purchasers.
21.ENTIRE AGREEMENT:This Lease contains all agreements of the parties with
respect to any matter mentioned herein.No prior agreement or understanding pertaining to any
such matter shall be effective.This Lease may be modified in writing only,signed by the parties
in interest at the time of the modification.
22.CORPORATE AUTHORITY:If Lessee is a corporation,each individual
executing this Lease on behalf of said corporation represents and warrants that he is duly
authorized to execute and deliver this Lease on behalf of said corporation in accordance with a
duly adopted resolution of the Board of Directors of said corporation and in accordance with the
Bylaws of said corporation,and that this Lease is binding upon said corporation in accordance
with its terms.
23.TRANSFER OF PREMISES BY LESSOR:In the event of any sale,conveyance,
transfer or assignment by Lessor of its interest in the Premises,Lessor shall be relieved of all
liability arising from this Lease and arising out of any act,occurrence or omission occurring after
the consummation of such sale,conveyance,transfer or assignment.The Lessor's transferee shall
be deemed to have assumed and agreed to carry out all of the obligations ofthe Lessor under this
Lease,including any obligation with respect to the return of any security deposit.
Wherefore,the parties have executed this lease this day of December l"2010.
Ace Aviation,Inc.Bosair,LLC
a W A.Corparation
~by:Kurt Boswell
its:President
a W A.Limited Liability Company
,~~
,~Kurt Boswell
Member:
Date:Il/i /10 Date:12/,/;o
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CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING AN
AMENDED FAIR PRACTICES POLICY IN ORDER TO ESTABLISH A PLAN APPROVED
BY THE WASHINGTON STATE HUMAN RIGHTS COMMISSION.
WHEREAS, the City of Renton has heretofore established a Fair Practices Policy; and
WHEREAS, it is deemed necessary and in the public interest to amend such policy in
order to establish a plan approved by the Washington State Human Rights Commission; and
WHEREAS, it is advisable to adopt such a policy, as amended;
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 City's amended Fair Practices Policy, a summary of which is attached
hereto, labeled Exhibit "A" and made a part hereof as if fully set forth, is hereby adopted and
established as the City of Renton's Fair Practices Policy.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Denis Law, Mayor
8a. ‐ Adopting a revised Fair Practices policy (See 6.e.)
Page 76 of 86
RESOLUTION NO.
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1499:2/22/ll:scr
8a. ‐ Adopting a revised Fair Practices policy (See 6.e.)
Page 77 of 86
EXHIBIT "A"
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO.
It is the policy of the City of Renton to promote and provide equal treatment and service
to all citizens and to ensure equal employment opportunity to all persons without regard
to their race; religion/creed; national origin; ancestry; sex; age over 40; sexual orientation
or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service
animal; marital status; parental/family status; military status; or veteran's status, or the
presence of a physical, sensory, or mental disability, when the City of Renton can
reasonably accommodate the disability, of employees and applicants for employment
and fair, non-discriminatory treatment to all citizens. All departments of the City of
Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment
related activities included recruitment, selection, promotion, demotion,
training, retention and separation are conducted in a manner which is
based on job-related criteria which does not discriminate against women,
minorities and other protected classes. Human resources decisions will be
in accordance with individual performance, staffing requirements,
governing civil service rules, and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of
Renton will cooperate fully with all organizations and commissions
organized to promote fair practices and equal opportunity in employment.
(3) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants
and suppliers conducting business with the City of Renton shall affirm and
subscribe to the Fair Practices and Non-discrimination policies set forth by
the law and by City policy.
Copies of this policy shall be distributed to all City employees, shall appear in all
operational documentation of the City, including bid calls, and shall be prominently
displayed in appropriate city facilities.
CONCURRED IN by the City Council of the City of Renton, Washington, this day of
, 20 .
CITY OF RENTON RENTON CITY COUNCIL
Denis Law, Mayor Council President
Attest:
Bonnie I. Walton, City Clerk
8a. ‐ Adopting a revised Fair Practices policy (See 6.e.)
Page 78 of 86
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
CITY OF TUKWILA REGARDING PHASE II OF THE 27™ STREET/STRANDER
BOULEVARD EXTENSION PROJECT.
WHEREAS, the cities of Renton and Tukwila are authorized, pursuant to RCW Chapter
39.34, to enter into an interlocal government cooperative agreement; and
WHEREAS, the cities of Renton and Tukwila have both identified the need for extending
Strander Boulevard/SW 27th Street to connect to Oakesdale Avenue South to provide an
additional east/west arterial connection between the cities; and
WHEREAS, Phase II of the 27th Street/Strander Boulevard Extension Project ("Project")
will be located partly in the City of Renton and partly in the City of Tukwila; and
WHEREAS, it is in the best interest of both cities to establish a lead agency to manage
the Project and to provide for the design, environmental review, property acquisition and
construction of the Project; and
WHEREAS, the City of Renton previously completed Phase I of the Strander Boulevard
Extension Project and is completing the design, environmental and right-of-way acquisition for
Phase II;
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.
8b. ‐ Strander Blvd. interlocal agreement with the City of Tukwila (7.a.)
Page 79 of 86
RESOLUTION NO.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with City of Tukwila regarding Phase II of the 27th Street/Strander
Boulevard Extension Project.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1497:2/8/ll:scr
8b. ‐ Strander Blvd. interlocal agreement with the City of Tukwila (7.a.)
Page 80 of 86
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN ASSIGNMENT AGREEMENT WITH
CITY OF TUKWILA REGARDING AN AGREEMENT BETWEEN CITY OF TUKWILA
AND BNSF RAILWAY COMPANY FOR RAILROAD BRIDGE CONSTRUCTION AND
MAINTENANCE.
WHEREAS, the City of Renton ("Renton") is the project sponsor for the proposed
Strander Boulevard/SW 27th Street Extension Project ("Project"); and
WHEREAS, Renton and the City of Tukwila ("Tukwila") have been collaborating and
cooperating on the design and construction of the Project; and
WHEREAS, the Project necessitates a new railroad crossing at separated grades
("Strander Boulevard Underpass"), which will be wholly located in the Tukwila city limits; and
WHEREAS, Renton, as the project sponsor, requires that there be in place an agreement
between BNSF Railway Company ("BNSF") and Tukwila for construction and maintenance of the
Strander Boulevard Underpass as it will be wholly within Tukwila city limits; and
WHEREAS, as Tukwila is not a participant in, and does not benefit from, the design and
construction of the Strander Boulevard Underpass, it wishes to assign all of its rights and
responsibilities under its agreement with BNSF regarding the Strander Boulevard Underpass to
Renton; and
WHEREAS, Renton, as the project sponsor, agrees to accept assignment of Tukwila's
rights and responsibilities under the agreement with BNSF regarding the Strander Boulevard
Underpass;
8c. ‐ Strander Blvd. underpass agreement with the City of Tukwila and
BNSF Railway (See 7.a.)Page 81 of 86
RESOLUTION NO.
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 hereby authorized to enter into an
assignment agreement with Tukwila regarding the agreement between Tukwila and BNSF
regarding construction and maintenance of the Strander Boulevard Underpass.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1496:2/8/ll:scr
Denis Law, Mayor
8c. ‐ Strander Blvd. underpass agreement with the City of Tukwila and
BNSF Railway (See 7.a.)Page 82 of 86
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-1-160D, FEE CALCULATIONS, AND 4-1-160J, ADOPTION OF THE
DISTRICT CAPITAL FACILITIES PLAN AND SUBMISSION OF THE ANNUAL
UPDATES AND REPORT AND DATA, OF CHAPTER 1, ADMINISTRATION AND
ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE
NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", SETTING THE IMPACT FEE AT $3,808 PER NEW SINGLE-FAMILY
HOME IN THE ISSAQUAH SCHOOL DISTRICT; SETTING THE IMPACT FEE AT
$5,486 PER NEW SINGLE FAMILY HOME AND $3,378 PER NEW MULTI-FAMILY
UNIT IN THE KENT SCHOOL DISTRICT; RETAINING THE IMPACT FEE AT $6,310
PER NEW SINGLE FAMILY HOME AND $1,258 PER NEW MULTI-FAMILY UNIT IN
THE RENTON SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES
PLANS OF THE ISSAQUAH AND KENT SCHOOL DISTRICTS WITHIN THE CITY OF
RENTON.
WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of
Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", as amended, and the maps and reports
adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the
Issaquah School District an impact fee of $3,344 for each new single-family home built within
the District's boundaries; and
WHEREAS, the Issaquah School District requested that the City of Renton adopt the
District's 2010 Capital Facilities Plan, which includes an increase in the impact fee for new
single-family homes to $3,808; and
WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of
Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", as amended, and the maps and reports
adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the
8a. ‐ Issaquah, Kent, and Renton School District Impact Fees (See 7.b.)
Page 83 of 86
ORDINANCE NO.
Kent School District an impact fee of $5,394 for each new single-family home and $3,322 per
new multi-family unit built within the District's boundaries; and
WHEREAS, the Kent School District requested that the City of Renton adopt the District's
2010/2011 - 2015/2016 Capital Facilities Plan, which recommends an increase in the impact fee
for new single-family homes to $5,486 and an increase in the impact fee for new multi-family
units to $3,378; and
WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of
Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", as amended, and the maps and reports
adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the
Renton School District an impact fee of $6,310 for each new single-family home and $1,258 per
new multi-family unit built within the District's boundaries; and until recently the Renton
School District has been able to accommodate growth within existing facilities, but currently
estimates a need for additional school facilities within the next six (6) years to accommodate
anticipated growth; and
WHEREAS, the Renton School District has not submitted an updated Capital Facilities
Plan; and
WHEREAS, the adopted 2008 Capital Facilities for the Renton School District
recommends the collection of an impact fee for new single-family homes of $6,310 and the
collection of an impact fee for new multi-family units of $1,258;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
8a. ‐ Issaquah, Kent, and Renton School District Impact Fees (See 7.b.)
Page 84 of 86
ORDINANCE NO.
SECTION I. Subsection 4-1-160D.5 of subsection 4-1-160D, Fee Calculations, of Chapter
1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended as follows:
5. The City Council may adjust the fee calculated under this subsection, as
noodod it sees fit, to take into account local conditions such as, but not limited
to, price differentials throughout the District in the cost of new housing, school
occupancy levels, and the percent of the District's Capital Facilities Budget which
will be expended locally. The City Council establishes the following fees:
Issaquah School District
Kent School District
Renton School District
Single Family Fee
Amount
$3,344808.00
$5.394486.00
$6,310.00
Multi-Family and
Accessory Dwelling
Unit Fee Amount
Not Applicable
$3,522-378.00
$1,258.00
SECTION II. Subsection 4-1-160J.1 of subsection 4-1-160J, Adoption of the District
Capital Facilities Plan and Submission of the Annual Updates and Report and Data, of Chapter 1,
Administration and Enforcement of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
as follows:
8a. ‐ Issaquah, Kent, and Renton School District Impact Fees (See 7.b.)
Page 85 of 86
ORDINANCE NO.
1. The following capital facilities plans are hereby adopted by reference by
the City as part of the Capital Facilities Element of the City's Comprehensive
Plan:
a. The Issaquah School District No. 4113009-2010 Capital Facilities Plan;
b. The Kent School District No. 415 2009/2010—2011/2015 2010/2011
-2015/2016 Capital Facilities Plan;
c. The Renton School District No. 403 2008 Capital Facilities Plan.
SECTION III. This ordinance shall be effective upon its passage, approval and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of. _, 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. ., 2011.
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1695:2/3/ll:scr
8a. ‐ Issaquah, Kent, and Renton School District Impact Fees (See 7.b.)
Page 86 of 86