HomeMy WebLinkAboutCouncil 03/26/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
March 26, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.ADMINISTRATIVE REPORT
4.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.
5.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 3/19/2012. Council concur.
b. Administrative Services Department requests approval of the 2012 carry‐forward ordinance in
the amount of $37,139,384, which increases the 2011/2012 Budget by carrying forward funds
from 2011 for projects that were not completed in 2011. Refer to Finance Committee.
c. Community Services Department recommends approval of a new five‐year lease in the amount
of $1,000 per month with Rain City Catering for operation of the Renton Pavilion Event Center.
Refer to Finance Committee.
d. Transportation Systems Division recommends approval of an Agreement for Construction
Services in the amount of $891,000 with Puget Sound Energy (PSE) for relocation of PSE
facilities for the Rainier Ave. S. (SR 167) – S. Grady Way to S. 2nd St. project. Council concur.
e. Transportation Systems Division recommends approval of a Facility Relocation Agreement in
the amount of $186,000 with Puget Sound Energy (PSE) for relocation of PSE facilities for the
Rainier Ave. S. (SR 167) – S. Grady Way to S. 2nd St. project. Council concur.
f. Utility Systems Division recommends approval of Amendment #2 to CAG‐10‐129,
grant agreement with the Washington State Department of Ecology, to accept $50,000 to
implement revisions associated with the National Pollutant & Discharge Elimination System
(NPDES) Phase II Stormwater permit. Council concur.
Page 1 of 110
6.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Community Services Committee: City Center Community Plan Advisory Board Appointments;
Planning Commission Appointment
b. Transportation (Aviation) Committee: Lease Amendment with Rainier Flight Services
c. Utilities Committee: Amendment #1 to Solid Waste Services Contract with Waste
Management
7.RESOLUTIONS AND ORDINANCES
8.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
9.AUDIENCE COMMENT
10.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
March 26, 2012
Monday, 5:30 p.m.
Regional Committee Updates; Emerging Issues in Economic Development & Transportation
• 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:
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Page 2 of 110
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
2012 Carry Forward Budget Amendment
Ordinance
Meeting:
Regular Council - 26 Mar 2012
Exhibits:
Issue Paper
2012 Carry Forward Budget Amendment Detail
Ordinance
Exhibit A
Exhibit B
Submitting Data: Dept/Div/Board:
Administrative Services
Staff Contact:
Iwen Wang, Administrator
Recommended Action:
Refer to Finance Committee.
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $37,139,384
Amount Budgeted: $ Revenue Generated: $9,807,537
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
This annual carry forward budget adjustment would:
1) Recognize $9.8 million in grants and donation revenues that we expect to receive in 2012;
2) Adjust 2012 appropriation by $37.1 million to continue and/or modify existing project funding;
3) Incorporate positions previously approved by the City Council; and
4) Authorize a 2-year limited term Deputy City Clerk position for public records management and
fulfillment function to be funded through budget savings from a vacant position in the police
department.
STAFF RECOMMENDATION:
Approve the proposed 2012 Carry Forward Budget Adjustment.
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 3 of 110
ADMINISTRATIVE SERVICES DEPARTMENT
M E M O R A N D U M
DATE:March 26, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Iwen Wang, Administrator
SUBJECT:2012 Carry Forward Budget Amendment Ordinance
ISSUE
Should the 2012 Budget be amended to incorporate carry forward items as detailed below?
RECOMMENDATION
Adopt the ordinance amending the 2012 portion of the 2011/2012 Biennial Budget.
OVERVIEW
At the end of 2011, the overall fund balance was $32.1 million higher than budgeted. $26.5
million of this amount is capital or special project balances; the remaining $5.6 million consists
of $2.3 million in retiree and employee medical funds, $1.3 million in combined Utility
operations, and $2 million in the General Fund. Most of this balance, together with $9.8 million
in grants, donations, and other resources expected for 2012, makes up the $37.1 million
proposed amendment to the 2012 budget, as discussed in further detail below. This leaves a
net increase of $4.8 million in unallocated fund balances, of which $1.8 million are reserved for
LEOFF 1 medical and Fireman’s pension; $2.6 million in Utilities; and $441k in General
Governmental Funds.
General Governmental Adjustments:
The General Governmental operations ended 2011 with $2 million in positive fund balance, the
net of $2.5 million in expenditure savings, and a revenue shortfall of $530k. The proposed
budget amendment includes $362k in grants and donation revenues that we expect to receive
in 2012, and $1.9 million in expenditure appropriations as highlighted below. The adjustments
will add $441k to the projected General Fund balance and will Keep it at $10.3 million level, or
roughly 10% of the budgeted expenditure, the mid-point between the minimum 8% and the
targeted 12% as prescribed by the City’s Financial Management Policy.
The $1.9 million expenditure appropriation adjustments include the following commitments:
1.$203k carry forward for two Limited Term Construction Inspectors for the Rainier Ave
Project.
2.$192k to partially fund the estimated banking service gap for 2012 (full gap is estimated
at $267k). We may need to make another adjustment later this year to fully fund this
obligation.
3.$533k for Police seizure fund and youth self-sustaining programs.
4.$600k for anticipated SCORE jail assessment due to revenue likely falling short of budget
projections.
5.$268k to contribute to the replacement of Self-Contained Breathing Apparatus for Fire.
$204k is funded by a transfer from the Insurance Fund (502) and $64k is from the
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 4 of 110
Rich Zwicker, Council President
Members of the Renton City Council
Page 2 of 3
March 26, 2012
Department’s 2011 budget savings. The total acquisition cost is $407k and was
previously approved by the City Council.
6.$94k for King Conservation District Knotweed Grant and Neighborhood Grant Program.
7.$30k for VHF radio re-banding due to FCC/Sprint settlement of the use of 800 MHz
spectrum for the emergency communications.
8.$22k for increased costs for the ORCA Business Passport for the Commute Trip
Reduction Program.
Other Funds:
Combined, all other City funds will require a carry forward appropriation of $35.3 million in
capital projects as highlighted below:
1.Hotel/Motel Tax Fund (110): $177k, including $175k for the Chamber’s acquisition of the
Train Depot for the Visitors Center.
2.Municipal CIP Fund (316): $5.2 million, including carry forward projects previously
approved by the City Council, transfer of the $970k West Hill Community Project Grant
from General Fund to the CIP fund, and a $50k increase for security cameras in the city
center area.
3.Transportation CIP Fund (317): $8.5 million, primarily for Rainier Avenue, SW 27th Street,
NE 3rd/4th Street and Garden Avenue improvement projects.
4.New Library Development Fund (336): Carry forward $11.2 million, for a budget of $19.2
million, the amount remaining at the end of 2011 for the development of Downtown
and Highlands libraries.
5.Airport Operating and CIP Fund (402 & 422): $59k in utilities ($19k) related to the 2012
increases to Water, Wastewater, and Surface Water rates not previously budgeted for
2012, and Major Maintenance of an additional $40k for the January snow event de-icing.
Fund balance will be the revenue source.
6.Solid Waste Utility Fund (403): $31k for King County Solid Waste WRR Grant ($5.5k) and
$25k for the Clean Community Initiative. Fund balance will be the revenue source.
7.Golf Course Operating and CIP Fund (404 & 424): $100k reduction, which includes $50k
in operating contribution to CIP and corresponding $50k for Building and Course
Maintenance.
8.Utility Systems: $6 million total; add $5.5 million in capital projects, $167k for operating
projects and $372k increase for expenditures related to residential plat Stormwater
Facility Maintenance Program, which include two Maintenance Service Workers III, two
Part-Time Non-Regular Staff, Professional Services, and Capital Equipment ((1) Slope
Mower, (1), Mower Trailer, (1) Dewatering Pumps, and (1) One-Ton Flat Bed Truck).
9.Equipment Rental Fund (501): $833k for equipment planned but not yet acquired during
2011, and for capital equipment related to the residential Stormwater Facility
Maintenance Program.
10.Insurance Fund (502): $204k transfer to General Fund (Fire) to help contribute to the
purchase of Self-Contained Breathing Apparatus.
11.Information Services Fund (503): carryover $1.6 million to continue projects in progress.
12.Facilities Internal Service Fund (504): $10k for Fire Station #12 Emergency Operations
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 5 of 110
Rich Zwicker, Council President
Members of the Renton City Council
Page 3 of 3
March 26, 2012
Center remodel, which is funded by the Emergency Management Performance Grant
(Federal) from the US Department of Homeland Security.
Additional to Authorized Positions:
In addition to the typical carry forward budget items, this budget adjustment will add the
following FTE’s to the index of positions:
1.0.5 FTE Records Management Specialist to existing 0.5 FTE to make position 1.0 FTE as
approved by Council on February 13, 2012.
2.Two Maintenance Service Workers III, and two Part-Time non-regular staff for
residential plat Stormwater Facility Maintenance Program, approved by Council on
November 14, 2011.
3.One FTE Limited Term (2 yrs) Deputy City Clerk position focused on Records
Management/Public Records Request Fulfillment funded with budget savings from one
vacant police officer position in the Police Department, with no impact to General Fund
budget.
CONCLUSION
The 2012 carry forward budget amendments will move projects not yet completed into 2011 for
continuation and add some new items to the adopted 2011/2012 budget as identified above.
More details can be found in the “2012 Carry Forward Budget Amendment Detail” attachment.
Staff recommends Council approve the proposed adjustments.
Attachments: Budget Amendment Ordinance, Exhibit A, and Exhibit B
2012 Carry Forward Budget Amendment Detail
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 6 of 110
2012 Carry Forward Budget Amendment Detail
GENERAL FUND (Fund 0XX)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 9,092,976 1,964,575 11,057,551
REVENUES 101,591,685
CED 2011 4 Culture Sustained Support Arts 8,500
CED 2012 4 Culture Sustained Support Arts 8,500
CED Reimbursement for 2.0 FTE Construction Inspectors (Rainier Ave Project)202,985
Police 2011 Edward Bryne Memorial JAG Award 36,752
Police Target Zero Task Force Teams 10,838
Police Target Zero Mobilization ‐ DUI 7,000
Police Target Zero Mobilization ‐ Seat Belts 1,000
Police 2009 Edward Byrne Memorial JAG Grant ‐ DV 18,509
Police 2011 Registered Sex & Kidnapping Offenders Cost Reimbursement Agreem 26,765
Fire Heart Month ‐ Renton Community Foundation 4,500
Fire Transfer In from Risk Management 204,000
Fire Assistance to Firefighters (SAFER) Grant (264,129)
Fire 2011 EMPG Grant 35,064
CS Landowner Collaboration for Knotweed Control KCD grant 89,254
CS Special Events‐4th of July (30,000)
CS Special Events‐Sponsorship 2,000
Total Revenue Adjustment 101,591,685 361,538 101,953,223
EXPENDITURES 100,468,787
Court Court Audio System Upgrade ‐ Transfer to IT 8,000
AS Projected 2012 City‐Wide Bank Fees 192,000
CED Dangerous Structure Abatement Fund 50,000
CED 2011 KC 4 Culture Sustained Support Award 8,500
CED 2012 KC 4 Culture Sustained Support Award 8,500
CED Arts Grants Program 1,677
CED 2.0 FTE Construction Inspectors (Rainier Ave Project)202,985
Police 2011 Edward Bryne Memorial JAG Award 36,752
Police 2012 Federal Seizure Fund Carry Forward 188,054
Police 2012 State Seizure Fund carry forward 334,626
Police 2012 Police Youth Program carry forward 10,571
Police 2009 Edward Byrne Memorial JAG Grant ‐ DV 2,465
Police Transfer Budget for 1.0 FTE Limited Term Deputy City Clerk (104,216)
Police Updated Assessment for SCORE Jail Services 600,000
Fire Heart Month ‐ Renton Community Foundation 4,500
Fire Self‐Contained Breathing Apparatus 268,000
Fire Assistance to Firefighters (SAFER) Grant (264,129)
Fire 2011 EMPG Grant 35,064
AS Add 0.5 FTE Records Management Specialist (to existing 0.5 FTE) to City C ‐
AS Limited Term (2yrs) 1.0 FTE Deputy City Clerk for Records Management/P 104,216
CS Cold Weather Shelter 10,000
CS Human Services‐Housing Repair Assistance Program 16,926
CS Bleacher Repair Project ‐
CS Special Events‐4th of July (2,000)
CS Neighborhood Grant Program 4,590
CS Coulon Park parking lot striping 11,266
CS Special Events‐Sponsorship 2,000
CS Senior Center Fitness Room Attendant/Supplies 13,058
CS Landowner Collaboration for Knotweed Control KCD grant 89,254
PW VHF Radio Upgrade 30,000
PW ORCA Business Passport Program costs increase 22,430
Total Expenditure Adjustment 100,468,787 1,885,089 102,353,876
Ending Fund Balance 10,215,874 441,024 10,656,898
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 7 of 110
2012 Carry Forward Budget Amendment Detail
ARTERIAL STREET FUND (Fund 102)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 171,720 (12,746) 158,974
REVENUES 630,000
PW Arterial Street Fuel Tax (27,000)
PW Investment Interest (3,000)
Total Revenue Adjustment 630,000 (30,000) 600,000
EXPENDITURES 630,000
PW Overlay Program Transfer to Fund 317 (30,000)
Total Expenditure Adjustment 630,000 (30,000) 600,000
Ending Fund Balance 171,720 (12,746) 158,974
LEASED FACILITIES FUND (Fund 108)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 893,197 (404,697) 488,500
REVENUES 971,049
CS Duplicate budgeting of 200 Mill Bldg Restroom / ADA Improvements Proje (127,000)
Total Revenue Adjustment 971,049 (127,000) 844,049
EXPENDITURES 876,232
CS Duplicate budgeting of 200 Mill Bldg Restroom / ADA Improvements Proje (127,000)
Total Expenditure Adjustment 876,232 (127,000) 749,232
Ending Fund Balance 988,014 (404,697) 583,317
HOTEL/MOTEL TAX (Fund 110)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 7,950 235,606 243,556
REVENUES 265,000
Total Revenue Adjustment 265,000 ‐ 265,000
EXPENDITURES 265,000
CED Renton Chamber of Commerce Property Acquisition 175,000
CED 2011 invoices paid in 2012 2,050
Total Expenditure Adjustment 265,000 177,050 442,050
Ending Fund Balance 7,950 58,556 66,506
PATH & TRAIL FUEL TAX (Fund 118)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 3,299 15 3,314
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
Total Expenditure Adjustment ‐ ‐ ‐
Ending Fund Balance 3,299 15 3,314
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 8 of 110
2012 Carry Forward Budget Amendment Detail
ONE PERCENT FOR ARTS (Fund 125)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 100,573 21,113 121,686
REVENUES 15,000
CED Transfer In from Transportation Capital Investment Project Fund 15,000
CED Transfer In from South Lake Washington Infrastructure Project 2,000
CED 1% for Arts‐Fire Station #11 813
Total Revenue Adjustment 15,000 17,813 32,813
EXPENDITURES 50,000
Total Expenditure Adjustment 50,000 ‐ 50,000
Ending Fund Balance 65,573 38,926 104,499
CABLE COMMUNICATIONS (Fund 127)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 35,057 150,911 185,968
REVENUES 85,000
Total Revenue Adjustment 85,000 ‐ 85,000
EXPENDITURES 85,674
Exec Consulting Fees related to Franchise Negotiations 50,000
Exec Carry Forward Capital Balance 100,000
Total Expenditure Adjustment 85,674 150,000 235,674
Ending Fund Balance 34,383 911 35,294
SPRINGBROOK WETLANDS BANK (Fund 135)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 660,524 3,032 663,556
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
Total Expenditure Adjustment ‐ ‐ ‐
Ending Fund Balance 660,524 3,032 663,556
IMPACT MITIGATION FUNDS (Fund 303, 304, 305)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 2,936,110 688,801 3,624,911
REVENUES 310,000
PW Mitigation Fees (20,000)
PW Sidewalk Mitigation/Fee In Lieu Of (20,000)
PW Investment Interest (10,000)
Total Revenue Adjustment 310,000 (50,000) 260,000
EXPENDITURES 936,926
CS Accessible Playground‐Trsfr from 303 400,000
PW Transfer Out To 317 ‐ Walkway Pgm (50,000)
PW Transfer Out To 317 ‐ NE 3rd/NE 4Th (176,656)
PW Transfer Out To 317 ‐ Rainier Ave (3,344)
PW Transfer Out To 317 ‐ Garden Ave 220,000
PW Transfer Out To 317 ‐ Lake WA Blvd: Park to Coulon 60,000
Total Expenditure Adjustment 936,926 450,000 1,386,926
Ending Fund Balance 2,309,184 188,801 2,497,985
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 9 of 110
2012 Carry Forward Budget Amendment Detail
MUNICIPAL CIP FUND (Fund 316)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 426,356 3,319,190 3,745,546
REVENUES 760,000
CED West Hill Community Project‐KCDOT grant 970,750
CS Bleacher Repair Project ‐
CS Accessible Playground‐Trsfr from 303 400,000
CS Accessible Playground 350,000
CS RCC Transfer Switch Installation ‐ Federal Grant from
US Dept Homeland Security 158,000
CS Community Forestry Assistance Grant 10,000
CS Edward Byrne Memorial JAG Grant 11,307
CS PSCAA Clean Cities Grant‐ARRA 32,231
CS May Creek/Hawks Landing Acquisition‐Public Works Board Grant 235,721
Total Revenue Adjustment 760,000 2,168,009 2,928,009
EXPENDITURES 1,170,000
CED Highlands Subarea Long Range Plan 660,151
CED South Lk Washington Long Range Plan 13,000
CED West Hill Community Project‐KCDOT grant 970,750
CS RCC Transfer Switch Installation 158,000
CS Bleacher Repair Project 6,866
CS 2011 Urban & Community Forestry Grant ‐ North Renton Neighborhood T 10,000
CS Public Works Shops Upgrade 118,000
CS Henry Moses Aquatic Center 57,443
CS Disaster Repairs 200,000
CS Regis Park Athletic Field Expansion 280,000
CS Pathway Sidewalk Patio Boardwalk Repairs 10,000
CS Grant Matching 100,000
CS Tree Maintenance 32,881
CS Urban Forestry Program 85,996
CS May Creek/Hawks Landing Acquisition 198,162
CS Parks Mm ‐ Light System Upgrades 296,761
CS Parks MM ‐ Boundary, Topographic & Site Survey 20,000
CS Parks Mm ‐ Structural Reviews & Repairs 495,239
CS KC Proposition 2 Cap Exp Levy Fund 626,727
CS Ballfield Renovation Program 4,998
CS Accessible Playground 750,000
CS Parking Lot and Drive Repairs 10,000
CS Benson Hill Urban Forestry 195
CS Parks MM‐Playgrounds, Kiosks, and Interpretive Signage 12,000
CS 1% for Arts‐Fire Station #11 813
CS City Wide Security Systems Upgrades 50,000
Total Expenditure Adjustment 1,170,000 5,167,982 6,337,982
Ending Fund Balance 16,356 319,217 335,573
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 10 of 110
2012 Carry Forward Budget Amendment Detail
TRANSPORTATION CIP FUND (Fund 317)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 235,581 3,186,638 3,422,219
REVENUES 21,418,181
PW Lake WA Blvd: Park to Coulon ‐ Federal 74,000
PW Rainier Ave S ‐ Federal/State Grants &
Intergovernmental Agreements (1,522,520)
PW Rainier Ave S ‐ Franchise Agreements (PSE,
Centurylink, and Comcast)1,511,531
PW SW 27th St ‐ Federal/State Grants &
Intergovernmental Agreements 2,447,425
PW NE 3rd/4th Street ‐ TIB 817,141
PW S Lake WA Roadway (Garden Ave N) ‐ TIB 1,755,500
PW NE 31st Street Culvert repair ‐ Federal/State Grants 118,954
PW Highlands to Landing ‐ Fed STP 117,727
PW TDM Program ‐ WSDOT (2,364)
PW Rainier Ave S ‐ Transfer from Mitigation (3,344)
PW NE 3rd/4th Street ‐ Transfer from Mitigation (176,656)
PW S Lake WA Roadway (Garden Ave N) ‐ Transfer from Mitigation 220,000
PW Lake WA Blvd: Park to Coulon ‐ Transfer from Mitigation 60,000
PW Walkway Pgm ‐ Transf In Frm Mitig Fund 305 (50,000)
PW Overlay Program Transfer from Fund 102 (30,000)
Total Revenue Adjustment 21,418,181 5,337,394 26,755,575
EXPENDITURES 21,603,852
PW Street Overlay ‐ Construction 160,400
PW Rainier Ave 237,148
PW Sw 27th St/ Strander 2,702,220
PW NE 3rd/4th Street 1,405,700
PW Garden Ave 2,524,400
PW NE 31st Street Culvert Repair 130,000
PW Highlands to Landing ‐ Preliminary Eng. 229,252
PW Walkway Program (80,000)
PW Sidewalk Rehabilitation 150,000
PW Bridge Inspection 145,000
PW Roadway Safety and Guardrail Prog ‐ Preliminary Eng 45,000
PW Traffic Safety 80,000
PW Intelligent Transportation Systems ‐ Construction 70,000
PW Transit Program ‐ Planning 4,000
PW Transportation Demand Management ‐ Planning (13,000)
PW Bicycle Route Dev Prog ‐ Planning 5,000
PW Barrier Free ‐ Construction 35,000
PW Project Development ‐ Planning 40,000
PW Arterial Circulation ‐ Planning 10,000
PW Transp Concurrency ‐ Planning (20,000)
PW Environmental Mon. ‐ Construction Services (20,000)
PW WSDOT Coordination ‐ Planning (10,000)
PW GIS Needs Assessment ‐ Planning 45,000
PW 1% for Arts ‐ Transfer out to Fund 125 15,000
PW Lake WA Blvd 74,000
PW Sunset/Duvall Intersection ‐ Post Const 40,000
PW Duvall Ave NE ‐ Construction 10,000
PW Monterrey Ave Wall Replacement ‐ Construction 8,000
PW King County Mitigation Reserve 500,000
Total Expenditure Adjustment 21,603,852 8,532,120 30,135,972
Ending Fund Balance 49,910 (8,088) 41,822
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 11 of 110
2012 Carry Forward Budget Amendment Detail
SOUTH LAKE WASHINGTON CIP FUND (Fund 318)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 522 52,270 52,792
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
PW South Lake Washington Infrastructure Project 50,024
PW Transfer Out to 1% for Arts Program 2,000
Total Expenditure Adjustment ‐ 52,024 52,024
Ending Fund Balance 522 246 768
HOUSING OPPORTUNITY FUND (Fund 326)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 3,787 126,759 130,546
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
CED Housing Opportunity Grants 125,000
Total Expenditure Adjustment ‐ 125,000 125,000
Ending Fund Balance 3,787 1,759 5,546
NEW LIBRARY DEVELOPMENT FUND (Fund 336)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 8,000,000 11,196,447 19,196,447
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES 8,000,000
CS New Libraries Development Balance 11,196,447
Total Expenditure Adjustment 8,000,000 11,196,447 19,196,447
Ending Fund Balance ‐ ‐ ‐
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 12 of 110
2012 Carry Forward Budget Amendment Detail
AIRPORT FUND (Fund 402/422)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 2,464,061 (379,351) 2,084,710
REVENUES 5,137,171
PW Transfer Airport Revenue to CIP (563,018)
PW Taxiway Bravo Rehabilitation and Numbering Project Grant 64,602
PW Airport Sustainability Grant 96,596
PW Taxiway Bravo Rehab Proj Grant Phase 2 Design 150,000
PW Transfer Airport Revenue from Operating 563,018
Total Revenue Adjustment 5,137,171 311,198 5,448,369
EXPENDITURES 6,055,049
PW Airport Operations ‐ Water Utilities 2,000
PW Airport Operations ‐ Sewer Utilities 200
PW Airport Operations ‐Surface Water Utilities 16,734
PW Airport CIP, Airport Sustainability Program 93,622
PW Airport CIP, Air side/Land Side Separation 20,000
PW Airport CIP, Maintenance Dredging & Shoreline Mitigation 74,689
PW Airport CIP, Airport Office Rehab 170,410
PW Airport CIP, Major Facility Maintenance 40,000
PW Airport CIP, Surface Water System Rehab 85,000
PW Airport CIP, Taxiway Bravo Rehab & Renumbering 240,242
PW Airport CIP, Renton Gateway Ctr Utilities 124,247
PW Airport CIP, Precision Approach 24,798
Total Expenditure Adjustment 6,055,049 891,942 6,946,991
Ending Fund Balance 1,546,183 (960,095) 586,088
SOLID WASTE UTILITY FUND (Fund 403)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 1,026,020 708,714 1,734,734
REVENUES 15,004,692
PW 2013‐2013 Waste Reduction & Recycling Program,
King Cnty (WRR Grant)5,547
PW 2011 KC Local Hazardous Waste Management
Program Grant (LHWMP)11,572
Total Revenue Adjustment 15,004,692 17,119 15,021,811
EXPENDITURES 14,972,362
PW KC Solid Wast Div Waste Reduction and Recycling 5,547
PW Supplies ‐ Clean Community 5,000
PW Dump Site Cleaning ‐ Clean Community 5,000
PW Disposal Fees ‐ Clean Community 15,000
PW LHWMP Grant Program 11,572
Total Expenditure Adjustment 14,972,362 42,119 15,014,481
Ending Fund Balance 1,058,349 683,714 1,742,064
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 13 of 110
2012 Carry Forward Budget Amendment Detail
GOLF COURSE FUND (Fund 404/424)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 747,411 (131,923) 615,488
REVENUES 2,583,545
CS Adjust Golf Course Trsfr 404 to 424 (50,000)
Total Revenue Adjustment 2,583,545 (50,000) 2,533,545
EXPENDITURES 2,642,204
CS Adjust Golf Course Trsfr 404 to 424 (50,000)
CS Golf Course ‐ MM/Building Maintenance 85,000
CS Golf Course ‐ MM/Course Maintenance 10,000
CS Adjust Golf Course Major Maintenance (50,000)
Total Expenditure Adjustment 2,642,204 (5,000) 2,637,204
Ending Fund Balance 688,751 (176,923) 511,829
WATER UTILITY FUND (Fund 405/425)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 4,799,130 2,827,531 7,626,661
REVENUES 16,306,460
PW Lk WA Blvd/Hawk's Landing 169,215
Total Revenue Adjustment 16,306,460 169,215 16,475,675
EXPENDITURES 16,012,036
PW Water Maintenance ‐ Repair & Maintenance 27,847
PW Water CIP ‐ Pipe Oversizing Costs 50,000
PW Water CIP ‐ Water System Plan Update 100,000
PW Water CIP ‐ Water Conservation Implem 120,000
PW Water CIP ‐ Maplewood Equipment access & H2S Mitigation 130,000
PW Water CIP ‐ 196 Zone Reservoir & P.S. 20,000
PW Water CIP ‐ Renton Hawks Landing 10,000
PW Water CIP ‐ Emerg. Power to Pump Sta. 200,000
PW Water CIP ‐ Water Treatment Media 50,000
PW Water CIP ‐ Automatic Meter Reading Conv.555,000
PW Water CIP ‐ Transmission Main Replacement (700,000)
PW Water CIP ‐ Rainier Ave South Roadway & Utilities Improvements 1,200,000
Total Expenditure Adjustment 16,012,036 1,762,847 17,774,883
Ending Fund Balance 5,093,554 1,233,899 6,327,453
WASTEWATER UTILITY FUND (Fund 406/416/426)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 1,197,558 1,089,603 2,287,161
REVENUES 22,407,961
Total Revenue Adjustment 22,407,961 ‐ 22,407,961
EXPENDITURES 21,590,192
PW WasteWater CIP ‐ Oversizing (400,000)
PW WasteWater CIP ‐ Stonegate LS Replacement 125,000
PW WasteWater CIP ‐ Westview LS Rehabilitation 75,000
PW WasteWater CIP ‐ President Park Sewer Repl Ph II 200,000
PW WasteWater CIP ‐ Lk WA Beach L.S. Repl 30,000
PW WasteWater CIP ‐ Cascade Interceptor Rehab 30,000
PW WasteWater CIP ‐ Liberty LS Installation 400,000
Total Expenditure Adjustment 21,590,192 460,000 22,050,192
Ending Fund Balance 2,015,327 629,603 2,644,930
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 14 of 110
2012 Carry Forward Budget Amendment Detail
SURFACEWATER UTILITY FUND (Fund 407/427)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 1,930,857 2,279,742 4,210,599
REVENUES 8,969,223
PW WA Dept of Ecology 168,340
PW Wetland Mitigation Bank Project ‐ WSDOT 14,015
PW Lower Cedar River Sediment Mgmt Plan ‐KCFCD 125,000
PW Green River Watershed Ecosystem Project ‐KCCD 21,000
PW Lake Ave S / Rainier Ave SIP‐KCFCD 121,006
PW Elliot Spawning Channel 2006 Flood FEMA 777,837
PW Elliot Spawning Channel WA Military Dept 22,640
PW Lk WA Blvd/Hawk's Landing SIP‐PWB 234,214
PW Sunset Area Community Plan SIP‐Dept of Ecology 69,234
Total Revenue Adjustment 8,969,223 1,553,286 10,522,509
EXPENDITURES 8,468,409
PW Surface Water Operating ‐ Office/Operating Supplies NPDES 11,968
PW Surface Water Operating ‐ Small Tools / Minor Equipment 121,000
PW Surface Water Operating ‐ Training & School ‐ NPDES/MNTC 6,000
PW 2 MSWIII ‐ Residential Plat Stormwater Management
Facility Maintenance Program 184,349
PW
2 Part Time Non‐Reg Staff ‐ Residential Plat
Stormwater Management Facility Maintenance
Program
12,000
PW
Operating Rentals & Leases ‐ Residential Plat
Stormwater Management Facility Maintenance
Program
31,400
PW
Dump Fees/Transfer Station Fees ‐ Residential Plat
Stormwater Management Facility Maintenance
Program
14,151
PW Repairs & Maintenance ‐ Residential Plat Stormwater
Management Facility Maintenance Program 19,100
PW
(1) Slope Mower, (1), Mower Trailer, (1) Dewatering
Pumps, and (1) One‐Ton Flat Bed Truck for Residential
Plat Stormwater Management Facility Maintenance
Program
111,000
PW Surface Water CIP ‐ Surface Water Utility System Plan 53,000
PW Surface Water CIP ‐ Small Drainage Projects Program 110,057
PW Surface Water CIP ‐ Madsen Creek Sedimentation Basin Cleaning 50,000
PW Surface Water CIP ‐ Maplewood Golf Course Sedimentation Basin cleaning 60,000
PW Surface Water CIP ‐ Wetland Mitigation Bank Project 50,000
PW Surface Water CIP ‐ Green River Watershed Forum Ecosystem Restoration 20,000
PW Surface Water CIP ‐ Lake Ave S / Rainier Ave S Storm System Replacement 1,278,633
PW Surface Water CIP ‐ Storm System Field Mapping ‐ NPDES Permit 510,000
PW Surface Water CIP ‐ Elliot Spawning Channel 2006 Flood FEMA Repair 954,540
PW Surface Water CIP ‐ Lk WA Blvd ‐ Hawks Landing Storm System Improvem 113,770
PW Surface Water CIP ‐ Sunset Area Community Plan Storm Improvement Pro 100,000
Total Expenditure Adjustment 8,468,409 3,810,968 12,279,377
Ending Fund Balance 2,431,671 22,060 2,453,731
UTILITY BOND/RATE STABLIZATION FUND (Fund 461/471/481)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 15,773 72 15,845
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
Total Expenditure Adjustment ‐ ‐ ‐
Ending Fund Balance 15,773 72 15,845
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 15 of 110
2012 Carry Forward Budget Amendment Detail
EQUIPMENT RENTAL FUND (Fund 501)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 3,831,097 943,279 4,774,376
REVENUES 3,079,893
PW Transfer In for 4 Equipment Purchases ‐ Residential Plat Stormwater Mana 111,000
Total Revenue Adjustment 3,079,893 111,000 3,190,893
EXPENDITURES 3,145,756
PW Equipment Rental ‐ Boom Truck 137,587
PW Equipment Rental ‐ Trailer for Concrete Saw‐Street
Maint (Pool 25)6,773
PW Equipment Rental ‐ TV Van (2) 220,977
PW Equipment Rental ‐ Vactor‐Wastewater Mntc (E107)350,000
PW Equipment Rental ‐ Mezzanine Upgrades 7,034
PW
(1) Slope Mower, (1), Mower Trailer, (1) Dewatering
Pumps, and (1) One‐Ton Flat Bed Truck for
Stormwater
111,000
Total Expenditure Adjustment 3,145,756 833,371 3,979,127
Ending Fund Balance 3,765,234 220,908 3,986,142
INSURANCE FUND (Fund 502)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 6,850,343 (229,906) 6,620,437
REVENUES 3,187,593
Total Revenue Adjustment 3,187,593 ‐ 3,187,593
EXPENDITURES 2,930,079
HR Transfer Out to Fire ‐ SCBA 204,000
Total Expenditure Adjustment 2,930,079 204,000 3,134,079
Ending Fund Balance 7,107,857 (433,906) 6,673,951
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 16 of 110
2012 Carry Forward Budget Amendment Detail
INFORMATION SERVICES FUND (Fund 503)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 434,909 1,746,834 2,181,743
REVENUES 4,118,173
AS Court Audio System Upgrade 8,000
Total Revenue Adjustment 4,118,173 8,000 4,126,173
EXPENDITURES 4,409,226
AS Court Audio System Upgrade 8,000
AS New World Systems 80,000
AS Financial Software Refresh 7,300
AS Upgd A/V Equipment Court Rm2 3,500
AS Energov/Permitting System 183,079
AS Enterprise Maintenance Task Management 23,900
AS Enterprise GIS (Startup Budget)248,509
AS Ecms: Record Mgmt System 28,550
AS Misc Software/Interface 10,000
AS It Microsoft Ea Lic. 2011/2012 ($90K/Yr)89,800
AS Replace E‐Mail Archive System 25,000
AS Fire Asset Management 15,000
AS Mobile Computing 10,000
AS Cad Upgd Interface (GIS,GPS,FDM) 25,000
AS Handheld Apps Devices (KCEMS/REG)12,000
AS FS13/14 Conference Rm Upgds 3,500
AS Performance Module 35,000
AS New World Systems 11,737
AS Police Telestaff 564
AS Police Valley Com Cad Project 40,000
AS Message Switch Refresh 10,000
AS Police In‐Car Video 6,269
AS New World Systems Modules 15,000
AS Leaps For FTO Training 10,000
AS Springbrook 9,980
AS Computer Replacement 36,289
AS Two Factor Authentication‐Public Safety 10,000
AS Ups Systems ‐ Upgrade Batteries 3,164
AS Newcastle Fiber Conduit 20,000
AS Fire Station 16 Rewire 16,808
AS Fiber Optic Network Golf Course 14,247
AS Server Vulnerability Test/Detect System 10,000
AS New Tape B/U ‐ Sw/Drives 35,000
AS Upgd 10/100 Switches 1Gb‐PoE To VoIP 8,145
AS Outside Plant Networks‐ Conduit, Fiber 22,119
AS Replacement Servers Hd/Sw 17,000
AS Virtual Server Mgmt Systems 16,000
AS iSCI SAN‐NOC And FS12 30,000
AS iSCI SAN Ethernet Switch 10GB 10,000
AS Upgd/Replace Nortel Phone System 380,000
AS Wireless Network ‐ Hotspots Signals/Parks 10,000
Total Expenditure Adjustment 4,409,226 1,550,460 5,959,686
Ending Fund Balance 143,856 204,374 348,230
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 17 of 110
2012 Carry Forward Budget Amendment Detail
FACILITIES SERVICES FUND (Fund 504)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 228,458 71,780 300,238
REVENUES 4,324,987
CS FS 12 EOC remodel‐EMPG Grant 9,965
Total Revenue Adjustment 4,324,987 9,965 4,334,952
EXPENDITURES 4,379,434
CS FS 12 EOC remodel‐EMPG Grant 9,965
Total Expenditure Adjustment 4,379,434 9,965 4,389,399
Ending Fund Balance 174,011 71,780 245,791
COMMUNICATIONS FUND (Fund 505)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 66,409 74,711 141,120
REVENUES 974,307
Total Revenue Adjustment 974,307 ‐ 974,307
EXPENDITURES 991,015
Total Expenditure Adjustment 991,015 ‐ 991,015
Ending Fund Balance 49,701 74,711 124,412
EMPLOYEE HEALTHCARE INSURANCE FUND (Fund 512)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 6,605,256 528,740 7,133,996
REVENUES 12,014,224
Total Revenue Adjustment 12,014,224 ‐ 12,014,224
EXPENDITURES 11,996,739
Total Expenditure Adjustment 11,996,739 ‐ 11,996,739
Ending Fund Balance 6,622,741 528,740 7,151,481
RETIREE HEALTHCARE INSURANCE FUND (Fund 522)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 4,044,989 1,434,410 5,479,399
REVENUES 2,235,684
Total Revenue Adjustment 2,235,684 ‐ 2,235,684
EXPENDITURES 2,262,573
Total Expenditure Adjustment 2,262,573 ‐ 2,262,573
Ending Fund Balance 4,018,100 1,434,410 5,452,510
FIREMEN'S PENSION FUND (Fund 611)
Adjusted 2012 Adjustment Amended
Beginning Fund Balance 4,020,773 356,923 4,377,696
REVENUES 300,000
Total Revenue Adjustment 300,000 ‐ 300,000
EXPENDITURES 550,475
Total Expenditure Adjustment 550,475 ‐ 550,475
Ending Fund Balance 3,770,298 356,923 4,127,221
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 18 of 110
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 19 of 110
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 20 of 110
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 21 of 110
5b. ‐ Administrative Services Department requests approval of the 2012
carry‐forward ordinance in the amount of $37,139,384, which increases Page 22 of 110
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Lease with Rain City Catering
Meeting:
Regular Council - 26 Mar 2012
Exhibits:
Issue Paper
Lease
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$60,000
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Rain City Catering has operated the Renton Pavilion Event Center for most of a year under assignment
from the previous operator who ceased business. Customer satisfaction has been high and we
recommend a new five-year lease which will allow the operator to market his services in an effective
manner.
STAFF RECOMMENDATION:
Approve the Lease with Rain City Catering for the Renton Pavilion Event Center and authorize the
Mayor and City Clerk to sign the Lease.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 23 of 110
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:February 17, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605
SUBJECT:Extended Lease with Rain City Catering for Operation of the
Renton Pavilion Event Center
Issue:
Should Council authorize the Mayor and City Clerk to sign a new five-year lease with
Rain City Catering (Rain City) for operation of the Renton Pavilion Event
Center (Pavilion)?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease.
Background:
In February of 2011, Council approved a one-year lease assignment with Rain City
Catering when the previous lessee, Spirit of Washington Inc., ceased operations at the
Pavilion.
There were a number of advantages for the assignment cited at the time:
·Rain City had already been contracted by Spirit of Washington for catering
duties at Pavilion events, with marked improvements observed in food quality,
presentation, and table service.
·Rain City Catering was leasing the nearby BNSF Renton Depot kitchen building for
its catering operations, which included providing game day food to the visiting
player’s locker room at Safeco Field. The proximity of this kitchen is a significant
benefit for events at the Pavilion.
·Rain City had also acquired all of the service items from Spirit of
Washington including tableware, serving vessels, and cookware, to continue to
cater events at the Pavilion and had entered into a Lease Agreement for the use
of the kitchen appliances.
·Rain City had great references, acceptable financials and enough business history
to insure successful operation of the Pavilion for the lease assignment term.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 24 of 110
Rich Zwicker, Council President
Members of the Renton City Council
Page 2 of 4
February 17, 2012
H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\Pavilion\Issue Paper Rain City 02 17 2012 2/17/2012
The intention of the Administration was to provide “bridge” services until a Request for
Proposals (RFP) could be developed and published. The timing for the RFP would
allow for continuation of events already on the Spirit of Washington schedule for 2011,
provide sufficient time for Rain City to demonstrate its capacity as the proprietor, and
facilitate a seamless transition to a new operator if one was chosen through the RFP
process.
Rain City has operated the Pavilion for most of a year, and these observations can be
made about their proprietorship:
·Comments about the food are uniformly positive and repeat customers have
been very pleased with the food and service improvements.
·Rain City has extended themselves into the community, supporting
the Farmer’s Market, the Return to Renton Car Show, the Spring and Fall
Festivals, and holding open houses for local business leaders. Important
connections to the community have been formed.
·Rain City retained the limited number of events that were previously
secured in 2010 by Spirit of Washington and added some of their own. We can
see that the slow economy has restrained business development to
some degree.
·Rain City persevered through several negative situations that might have
disconcerted another operator.
·Event centers operate to the future, most events being booked six months in
advance or more. Without an extended lease for the Pavilion, marketing
opportunities for future years have been necessarily limited. These include
bridal shows and publications, directory listings and so on.
·Complaints to the City liaison from Pavilion clients have been limited to periodic
slow communications and some pricing issues, not unlike similar complaints for
the previous operator during their tenure.
In the last couple of months, a significant new development now compels us to request
your support to extend a five-year lease to Rain City. As you know, the Greater Renton
Chamber of Commerce had been searching for a new home because the increased use
of the Renton Airport by the Boeing Company will affect the habitability of the
Chamber’s current office on the West side of Apron “B”. This building is leased from the
City.
After an extensive search, the Chamber determined that the Renton (BNSF) Depot,
previously occupied by the Spirit of Washington, would be an ideal location for a new
Chamber office. BNSF does not usually surplus property, but the Depot is an exception;
the property was listed a number of months ago.
The Chamber of Commerce secured financing, made an offer on the Depot that was
accepted, and the sale recently closed. The Chamber will be moving into the Depot this
spring.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 25 of 110
Rich Zwicker, Council President
Members of the Renton City Council
Page 3 of 4
February 17, 2012
H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\Pavilion\Issue Paper Rain City 02 17 2012 2/17/2012
It is important for the Chamber to reduce their exposure by subdividing the property
and selling the kitchen building at the Depot or at the very least, securing a long-term
reliable tenant for that space.
It is equally important for Rain City to have such a facility for their business, not only at
the Pavilion, but for their other catering jobs as well. The same financial institution that
worked with the Chamber has also working with Rain City. The security of a five-year
lease for the Pavilion is an essential part of the Chamber’s financial planning.
City staff met with Rain City to fathom what improvements in marketing, customer
services, decorating, and pricing Rain City would implement if a five-year lease were to
be granted. They are anxious to create a long-term relationship with the City as the
Pavilion operator and to move their ideas forward. It is noteworthy that Rain City has
significantly reduced their commitment to the Mariners organization, cutting back
events from 81 home games to 20 day games in 2012. The owner prefers to spend his
time developing his catering business at the Pavilion, seeing it as a better opportunity
for long-term prosperity.
You all can appreciate the triangular structure of partnerships built into this proposal; I
believe these to be healthy and worthwhile partnerships. At the same time, the
opportunities for civic development in the downtown corridor would benefit everyone.
The business points of the new lease are very similar to the previous lease with these
hi-lighted points:
·The rent portion of the lease is $1,000 per month. The shared percentage from
food sales and room and equipment rentals remains at 15% throughout the lease
term.
·The lease term is five years. After two years, there is a mutual termination
option with six months notice.
·The building maintenance requirement has been altered. Rain City would be
responsible for all monthly maintenance as they are now, but the City’s Facilities
Division would be responsible for the more complex annual maintenance
elements, as well as the water loop chemistry treatments. These total roughly
$7,000 per year.
·Rain City will replace equipment, mostly tables and chairs, as needed, which they
will own. Currently, the City has provided the tables and chairs, which are now
at the age and condition that some replacements are required. Ownership shall
be designated with inventory tags.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 26 of 110
Rich Zwicker, Council President
Members of the Renton City Council
Page 4 of 4
February 17, 2012
H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\Pavilion\Issue Paper Rain City 02 17 2012 2/17/2012
Conclusion:
Granting a new five-year less to Rain City Catering provides an abundance of synergistic
advantages to downtown corridor development, preserves seamless operation of the
Renton Pavilion Event Center to its customers, and rewards the efforts Rain City Catering
has already made to improved Event Center operations.
cc: Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
Garmon Newsom, Assistant City Attorney
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 27 of 110
Renton Pavilion Event Center Lease
ARTICLE 1.BASIC TERMS
Article 1 contains the Basic Terms of this Lease between the Lessor and Lessee named below.
Other Articles, Sections, Subsections, and Paragraphs of the Lease referred to in this Article 1
explain and define the Basic Terms and are to be read in conjunction with the Basic Terms.
Section 1.1 Date of Lease:
January 1, 2012 – December 31, 2017
Section 1.2 Lessor and Lessee:
City of Renton (the “City”) (hereinafter “Lessor”)
1055 South Grady Way
Renton, WA 98057
425-430-6500
Rain City Catering (hereinafter “Lessee”)
P.O. Box 4098
Renton, WA 98057
206-395-5126
1.2.1 Lessee’s Address at Time of Execution of Lease:
The same as above in Section 1.2.
1.2.2 Address of Property to be Leased by Lessee:
Renton Pavilion Event Center (hereinafter “Pavilion”)
233 Burnett Avenue South
Renton, WA 98057
Section 1.3 Exhibits incorporated by reference:
1.3.1 Exhibits A - D, attached hereto, are incorporated by reference as if fully set forth
in this Lease.
Section 1.4 Property Legal Description:
1.4.1 The Pavilion, identified above in section 1.2.2 is the subject property of this
Lease and is described in Exhibit A, entitled “Legal Description.” The Pavilion
includes the land, the buildings and all other improvements located on the land
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 28 of 110
Pavilion Lease [Type text] 2
with the exceptions noted below. The Pavilion being leased to Lessee is further
described as:
1.4.1.1 The Pavilion, as depicted in Exhibit B, entitled “Project Site Plan,” includes
approximately 2,500 square feet of patio space located on the west end of the
Pavilion and approximately 860 square feet of patio space located on the east
end of the Pavilion.
1.4.1.2 Subject to the legal description included in Exhibit A, Legal Description,
the property being leased to Lessee does not include the parking lot or any other
exterior space on the north side of the Pavilion, the public sidewalk on the west
side of the building, the public sidewalk on the east sides of the building or the
Piazza Park or any other exterior space on the south side of the Pavilion.
Section 1.5 Characterization of Property:
1.5.1 Lessor has provided Lessee with a set of “as-built” architectural drawings, plus
the O & M documentation, for the Lessor’s Pavilion renovation completed in
2004.
1.5.2 Lessee acknowledges that the floor in the open hall of the Pavilion has load
rating design restrictions that limit the amount of weight that can be supported
by the floor as specified in Exhibit C, entitled “Floor Load Rating Specifications.”
1.5.3 For any vehicle and for any use that involves a load requirement that may be in
excess of the “stringerless” specifications in the attached Exhibit C, Floor Load
Rating Specifications, Lessee shall consult a structural engineer in advance to
determine whether the floor can safely handle the load and to secure written
documentation of the structural engineer’s determination, a copy of which
Lessee shall provide Lessor in advance of the specific use.
Section 1.6 Lease Term:
1.6.1.The term of this Lease shall be five (5) years, beginning on January 1, 2012 (the
“Commencement Date”), and ending on December 31, 2017, unless otherwise
terminated under the provisions of Subsections 1.6.2.
1.6.2 Lessee may, in its sole discretion and without any recourse by or compensation
to Lessor, terminate the Lease with six (6)-months notice to Lessor, so long as
such six (6)-months notice is on or after the two (2)-year anniversary of the
Commencement Date.
1.6.3 Lessee may reserve or rent space at the Pavilion to users during the lease period.
Section 1.7 Permitted Uses:
1.7.1 Lessee shall engage in the business of providing an event, banquet and meeting
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 29 of 110
Pavilion Lease [Type text] 3
facility, and shall on rent or lease for that purpose. See Article 5 for details.
Section 1.8 Vehicle Parking Spaces Allocated to Lessee:
1.8.1 Lessee shall be allowed unlimited use of two (2) parking spaces in the public
parking lot to the north of the Pavilion as established and marked by signage by
Lessor, for business-purposes only. Lessee shall also be provided with two (2)
City Center Parking Garage passes for its own use for business-purposes only.
Section 1.9 Base Rent and Other Charges Payable by Lessee:
1.9.1 Base Rent: Lessee shall promptly pay Lessor the monthly Base Rent of $1,000
(one thousand dollars) during the Lease Term. Base Rent shall be due no later
than the first of each month. Failure to do so shall constitute a material breach,
under Article 15 (Termination).
1.9.2 Revenue Sharing: In addition to the monthly Base Rent above, Lessee shall pay
monthly to Lessor the following amounts. Such amounts shall not include any
taxes paid by Lessee, gratuities or charges for on-site labor.
1.9.2.1 Catering – Lessor shall receive fifteen percent (15%) of the gross room
rental charges catering sales, and of Lessee’s net income after third-party
charges for food and beverage sales and charges for the following items if
provided by Lessee: Audio Visual systems, linens, flowers, tables, chairs,
flatware, china and the like.
1.9.2.2 Parking Garage – Fees collected for group parking at the City Center
Parking Garage shall be a direct one hundred percent (100%)
pass-through to the City. Lessor has provided Lessee with a current
parking rate chart which may be revised as the Lessor’s discretion in the
future.
1.9.3 Audit:
1.9.3.1 Lessee will keep and maintain or will cause to be kept and maintained
proper and accurate books, records and accounts reflecting all items of
revenue required to be reported to Lessor per this Section.
1.9.3.2 Lessor shall have the right, upon ten (10) calendar days advance written
notice to Lessee, to examine such books, records and accounts at the
local Renton office of Lessee or at Renton City Hall and to make copies or
extracts thereof as Lessor shall desire. In conducting such examination,
Lessor shall exercise its best efforts not to interfere with the normal
business operations of Lessee.
1.9.3.3 Lessor shall have the right to have an independent third-party auditor
inspect and audit such books, records and accounts of Lessee during
normal business hours, the cost of which shall be paid by Lessor. If the
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 30 of 110
Pavilion Lease [Type text] 4
third-party auditor’s report that Lessee has under-reported its lease
payments to Lessor, under the Revenue Sharing agreement in this Section
1.9.2, by more than 5%, then Lessee shall reimburse Lessor for the
reasonable cost of the third-party auditor’s audit and pay the City a 10%
penalty for each period of under-reporting by the Lessee, in addition to
the monies owed but under-reported.
Section 1.10 Exhibits and Other Attachments Which are Part of the Lease:
1.10.1 Exhibit “A” - Legal Description
Exhibit “B” - Project Site Plan
Exhibit “C” - Floor Load Rating Specifications
Exhibit “D” – Maintenance Schedule
ARTICLE 2.LEASE TERM
Section 2.1 Lease of Property for Lease Term:
2.1.1 Lessor and Lessee agree that the Lessor will continue to lease the Pavilion to
Lessee for the Lease Term noted in Section 1.6. The beginning and the end of
the lease term shall be the dates specified in Section 1.6 unless changed
pursuant to a provision of this Lease.
ARTICLE 3.RENT PAYMENTS AND RESERVES FOR OPERATING EXPENSES
Section 3.1 Time and Manner of Payment:
3.1.1 On or before the twenty-eighth (28th) day of the second (2nd) month of the Lease
Term and each month thereafter, Lessee shall pay Lessor the Base Rent and the
Revenue Sharing amounts described in Subsection 1.9 for the prior calendar
month and the amount of the Leasehold Excise Tax described in Section 4.1. The
Base Rent and Revenue Sharing amounts shall be payable at Lessor’s address or
at such other place as Lessor may designate in writing. Together with such
payment, Lessee shall provide a detailed financial report that substantiates the
Revenue Sharing payment for the prior calendar month, including but not limited
to: (i) an itemized list of the actual event dates, users and applicable catering
sales and room rental charges and (ii) a running total of the number of events
that occurred to date during each twelve (12)-month period.
3.1.2 Upon termination of this Lease under Article 7 (Damage or Destruction), Article
8 (Condemnation), or any other termination not resulting from Lessee’s default,
and after Lessee has vacated the Pavilion in the manner required by this Lease,
Lessor shall refund or credit to Lessee (or Lessee’s successor) any advance rent
or other advance payments made by Lessee to Lessor.
3.1.3 In the event that Lessee files for bankruptcy, Lessor shall have priority over any
and all property that on or in the Pavilion and shall have a priority as a secured
creditor. Additionally, Lessee hereby agrees to give Lessor written notice of its
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intent to file for bankruptcy at least 10 business days before filing in bankruptcy
court.
ARTICLE 4.OTHER CHARGES PAYABLE BY LESSEE
Section 4.1 Taxes:
4.1.1 Lessee shall be solely responsible for the payment of the Leasehold Excise Tax
(described below), Business & Occupation Tax and Sales Tax, as applicable.
4.1.2 So long as the Pavilion is owned by Lessor and is exempt from general real estate
taxes as a municipal corporation in accordance with RCW 84.36.010, Lessee shall
be solely obligated to pay the applicable Leasehold Excise Tax (a.k.a. “Rent Excise
Tax”) on the Base Rent and Revenue Sharing payment.
4.1.3 Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold
monthly to Lessor during the Lease Term along with the rents described in
Section 3.1.1.
4.1.4 Within one hundred twenty (120) calendar days after the end of each calendar
year during the Lease Term or within such longer period of time as may be
reasonably necessary, Lessor shall furnish to Lessee a statement of the Leasehold
Excise Tax that Lessor was required to charge and collect from Lessee for the
preceding calendar year.
4.1.5 If the preceding calendar year’s required Leasehold Excise Tax charges exceed
the monthly payments made by Lessee, then Lessee shall pay Lessor the
deficiency within thirty (30) calendar days after receipt of the statement. If the
Leasehold Excise Tax payments made by Lessee exceed the required Leasehold
Excise Tax charges for the preceding calendar year, then, at Lessor’s option,
either Lessor shall pay Lessee the excess at the time Lessor furnishes the
statement to Lessee or Lessee shall be entitled to offset the excess against the
next installment(s) of rent.
4.1.6 At the end of the Lease Term, if Lessee is not in arrears for any payments, Lessor
shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee.
Section 4.2 Utilities:
4.2.1 Lessor shall be responsible for providing utilities to the Pavilion. Lessee shall pay
for all water, sewer, gas, electricity, telephone, and other utilities and services
used by Lessee on the Pavilion during the Lease Term.
4.2.2 Under no circumstances shall Lessee be responsible for any charges for water,
sewer, gas, electricity, heat, telephone, and other utilities and services, which are
not under the control of Lessee and for the use of providing services under this
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contract as a meeting, banquet and event facility. Lessee shall not be
responsible for electrical costs for exterior area illumination of the areas of the
park and transit center. These fixtures shall be submetered or connected to
electrical sources that Lessor pays for, or the parties will determine through
calculation the average monthly cost associated with these fixtures, which shall
be credited to the Lessee on each monthly statement.
Section 4.3 Insurance Policies:
4.3.1 Liability Insurance. Lessee shall maintain throughout the duration of the Lease
Term a policy of commercial general liability insurance (sometimes known as
broad form comprehensive general liability insurance) insuring Lessee against
liability for bodily injury, property damage (including loss of use of property) and
personal injury or death arising out of the operation, use or occupancy of the
Pavilion. Said liability insurance policy shall specifically list “Liquor Liability
Included” as a provision.
4.3.2 Lessee shall name Lessor as an additional insured under such policy.
4.3.3 The initial amount of such insurance shall be no less than One Million Dollars
($1,000,000) per occurrence and no less than Two Million Dollars ($2,000,000)
aggregate and shall be subject to periodic increase based upon inflation,
increased liability awards, recommendation of Lessor’s professional insurance
advisors and other relevant factors.
4.3.4 Lessee shall also maintain throughout the duration of the Lease Term a policy of
automobile liability insurance insuring Lessee against liability for bodily injury,
property damage and personal injury or death arising out of the operation or use
of a vehicle by Lessee’s employees, agents, contractors and invitees in
connection with the operation, use or occupancy of the Pavilion.
4.3.5 Lessee shall name Lessor as an additional insured under such policy to the extent
necessary to cover Lessor for automobile-related liability on, at or related to
Lessee’s Pavilion-related business.
4.3.6 The initial amount of such insurance shall be no less than One Million Dollars
($1,000,000) per occurrence.
4.3.7 The liability insurance obtained by Lessee under this Section 4.3 shall (i) be
primary and non-contributing; (ii) contain cross-liability endorsements; and (iii)
insure Lessor against Lessee’s performance under Section 5.6, if the matters
giving rise to the indemnity under Section 5.6 result from Lessee’s negligence.
4.3.8 The amount and coverage of such insurance shall not limit Lessee’s liability nor
relieve Lessee of any other obligation under this Lease.
4.3.9 Lessor may also obtain comprehensive public liability insurance in an amount
and with coverage determined by Lessor insuring Lessor against liability arising
out of ownership, operation, use or occupancy of the Pavilion.
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4.3.10 Lessor’s policy shall not be contributory and shall not provide primary insurance.
4.3.11 If Lessee requires any agent, contractor, user or invitee to secure or maintain
liability insurance related to alterations to or maintenance, operation, use or
occupancy of the Pavilion, Lessee shall require that such liability insurance
policies include Lessor as an additional insured consistent with this section.
4.3.12 Subject to the provisions above, Lessor accepts liability for the use of the Pavilion
restrooms for Piazza Events provided for in Subsection 5.4.1.
4.3.2 Property Insurance. During the Lease Term, Lessor shall maintain policies of
insurance to be paid for by Lessor covering loss of or damage to the Pavilion in
the full amount of its replacement value.
4.3.2.1 Such policy shall contain an inflation guard endorsement and shall
provide protection against all perils included within the classification of
fire, extended coverage, vandalism, malicious mischief, special extended
perils (all risk), sprinkler leakage and any other perils which Lessor deems
reasonably necessary. Lessor shall not obtain insurance for Lessee’s
fixtures or equipment or building improvements installed by Lessee on
the Pavilion.
4.3.2.2 Lessee shall maintain policies of insurance for Lessee’s fixtures or
equipment or building improvements installed by Lessee on the Pavilion.
4.3.2.3 Nothing in this section shall prevent Lessor from being able to recover for
damage to or the destruction of the Pavilion based on the negligence,
recklessness or fault of the Lessee or any of its agents, contractors,
volunteers, users or invitees.
4.3.3 General Insurance Provisions.
4.3.3.1 Any insurance which Lessee is required to maintain under this Lease shall
include a provision which requires the insurance carrier to give Lessor not
less than forty-five (45) calendar days written notice prior to any
cancellation or modification of such coverage.
4.3.3.2 If Lessee fails to deliver any policy, certificate or renewal to Lessor
required under this Lease within the prescribed time period or if any such
policy is canceled or modified during the Lease Term without Lessor’s
consent, that failure shall constitute a material breach subject to Article
15. Lessor may obtain such insurance, in which case Lessee shall
reimburse Lessor for the cost of such insurance within fifteen (15)
calendar days after receipt of a statement that indicates the cost of such
insurance.
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4.3.3.3 Lessee shall maintain all insurance required under this Lease with
companies rated A-XV or better in Best’s Insurance Guide, and which are
authorized to transact business in the State of Washington. If at any time
during the Lease Term, Lessee is unable to maintain the insurance
required under the Lease, Lessee shall nevertheless maintain insurance
coverage which is customary and commercially reasonable in the
insurance industry for Lessee’s type of business, as that coverage may
change from time to time. Lessor makes no representation as to the
adequacy of such insurance to protect Lessor’s or Lessee’s interest.
Therefore, Lessee shall obtain any such additional property or liability
insurance which Lessee deems necessary to protect Lessor and Lessee.
4.3.3.4 The parties hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the Pavilion. This release
only applies to claim, losses or liabilities covered by insurance.
Section 4.4 Maintenance of Facility:
4.4.1 Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a
statement for the cost of: (i) Lessor performing any maintenance to the Pavilion
for which Lessee is responsible and which Lessee approves in writing, and (ii)
Lessor performing any emergency maintenance to safeguard and preserve the
integrity of the Pavilion if Lessor is unable to reach Lessee in an emergency for
Lessee to perform the maintenance.
Section 4.5 Common Exterior Areas; Use, Maintenance and Costs:
4.5.1 For the purpose of this Section 4.5, Common Exterior Areas are defined as the
Piazza Park on the south side of the Pavilion Building and the public parking lot,
Renton Transit Center and City Center Parking Garage on the north side of the
Pavilion Building as identified in Exhibit B.
4.5.2 If Lessor encounters damage (beyond normal wear and tear) or extraordinary
trash in the Common Exterior Areas that are attributed to Lessee’s use of the
Premises or failure to maintain or clean, Lessor shall notify Lessee to allow Lessee
to perform the required maintenance or custodial services.
4.5.3 If Lessee fails to perform the required maintenance or custodial services, Lessee
shall reimburse Lessor within thirty (30) calendar days after receipt of a
statement for the cost of performing such work so long as the damage or
extraordinary trash is related to the Lessee’s use of the Pavilion. Continued
failure to maintain or clean as required by this Lease shall constitute a material
breach of this Lease, subject to Article 15.
Section 4.6 Late Charges:
4.6.1 Lessee’s failure to promptly pay Base Rent, Revenue Sharing, parking revenue or
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taxes may cause Lessor to incur unanticipated costs. The exact amount of such
costs may be impractical or difficult to ascertain.
4.6.2 Such costs may include, but are not limited to, processing and accounting
charges and late charges which may be imposed on Lessor by any ground lease,
mortgage or other encumbrance on the Pavilion.
4.6.3 Consequently, if Lessor does not receive any Base Rent, Revenue Sharing or
parking revenue payment within ten (10) calendar days after it becomes due,
Lessee shall pay Lessor a late charge equal to five percent (5%) of the overdue
amount for each month that it is overdue.
4.6.4 The parties agree that such late charge represents a fair and reasonable estimate
of the costs Lessor will incur by reason of such late payment.
4.6.5 Upon Lessee’s failure to make any payment due within 30 calendar days of the
due date, Lessor takes a secured creditor’s interest in Lessees equipment and
property in or on the Pavilion as of the due date.
4.6.6 A failure to make full payment within 45 calendar days of the due date shall
constitute a material breach of this Lease, subject to Article 15.
4.6.7 Three (3) consecutive late payments of monies due or six (6) late payments of
monies due during any twelve (12) month period shall be material breach of the
Lease, subject to Article 15.
Section 4.7 Interest on Past Due Obligations:
4.7.1 Any amount owed by Lessee to Lessor which is not paid when due shall bear
interest at the rate of twelve percent (12%) per annum from the due date of
such amount, however, interest shall not be payable on late charges to be paid
by Lessee under this Lease.
4.7.2 The payment of interest on such amounts shall not excuse or cure any default by
Lessee under this Lease.
4.7.3 If the interest rate specified in this Lease is higher than the rate then permitted
by law, the interest rate shall be decreased to the maximum legal interest rate
then permitted by law.
ARTICLE 5.USE OF PROPERTY
Section 5.1 Permitted Uses:
5.1.1 Lessee shall have exclusive control and access to the Pavilion, except as detailed
in this Lease. Lessee may use the Pavilion only for the Permitted Uses set forth
in Section 1.7 and subject to the floor load restrictions of Section 1.5.
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5.1.2 Lessee shall not allow smoking inside the building, and shall provide adequate
ashtrays in the patio areas outside to accommodate any smoking, which shall
only be permitted in accordance with the conditions of state law. Failure to
comply with this provision may constitute a material breach of this Lease.
5.1.3 Any animal show at the Pavilion must be approved by Lessor in writing prior to
the event. Incidental animal activities such as magic shows and service animals
such as guide dogs for the blind shall not require Lessor approval.
5.1.4 Lessee shall not allow the use of rice, confetti, birdseeds, flower petals and the
like outside the Pavilion. Bubbles shall be permitted outside.
5.1.5 Lessee shall not allow any obscene use of the Pavilion.
5.1.6 The maximum occupancy of the Pavilion shall be 655 people.
Section 5.2 Manner of Use:
5.2.1 Lessee shall professionally market, maintain and operate the Pavilion as a quality
meeting, banquet and event space.
5.2.2 Lessee shall not cause or permit the Pavilion to be used in any way that violates
any law, ordinance, or governmental regulation or order.
5.2.3 Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy,
required for Lessee’s occupancy of the Pavilion and shall promptly take all
actions necessary to comply with all applicable statutes, ordinances, rules,
regulations, orders and requirements regulating the use by Lessee of the
Pavilion, including Occupational Safety and Health Administration requirements.
5.2.4 Subject to the provisions above, Lessee or Lessee’s users shall secure any
required liquor license, banquet license or food handling permit for Pavilion use.
Failure to comply with this provision of the Lease may constitute a material
breach.
5.2.5 Lessee shall not obstruct, cover or block Pavilion windows, including but not
limited to window coverings and moveable partitions, except as necessary during
events and meetings. Any such window coverings and moveable partitions shall
be immediately opened or removed on a daily basis after any event or meeting.
Section 5.3 Use of Piazza Park
5.3.1 Lessor shall provide Lessee with an annual schedule of City-Sponsored Events for
the Piazza Park. Although Lessor reserves the right to schedule City-Sponsored
Events at the Piazza Park at any time, if possible, Lessor will attempt to schedule
additional City-Sponsored Events on dates where there are no conflicting uses
scheduled at the Pavilion.
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5.3.2 Lessor acknowledges that users and invitees for events at the Pavilion Building
may occupy a portion of the Piazza Park for incidental use without the prior,
written consent of the Renton Park Board.
5.3.3 For the purpose of this provision, incidental use shall mean the ability to use or
congregate in a portion of the Piazza Park so long as:
5.3.3.1 City of Renton’s Park Rules and Regulations are maintained,
5.3.3.2 Food or non-alcoholic beverages are only served in the Piazza Park
to Lessee’s contracted customers,
5.3.3.3 Objects erected for Lessee’s events shall not impede or restrict
public access or use of the Piazza Park by others. For purposes of this subsection
“Objects” include, but not limited to, stanchions, barricades, stands, chairs,
tables, tents, fixtures or the like, and
5.3.3.4 The hours of use of the Piazza Park are dawn to dusk and Lessee
shall not permit Pavilion patron use of the Piazza Park outside of these hours.
5.3.4 In order for users or invitees of the Pavilion to occupy any portion of the Piazza
Park for any use other than specifically provided for above, Lessee or user of the
Pavilion must pay any applicable fee and secure the Renton Board of Park
Commissioners’ prior, written approval.
5.3.5 Lessee shall provide Pavilion users with a copy of City of Renton’s Park Rules and
Regulations. Lessee shall make Pavilion users and invitees aware of the City of
Renton’s restriction against the use of alcohol in the Piazza Park, and of the
restrictions related to use of the Piazza Park as described above. Failure to
comply with this provision may constitute a material breach of this Lease.
Section 5.4 City Use of Facility:
5.4.1 City-Sponsored Events:
5.4.1.1 Lessor shall have the right to schedule up to a maximum of twelve (12)
City-Sponsored Events per year at the Pavilion. The parties may agree to more.
5.4.1.2 For the purpose of this Subsection 5.4.1, City-Sponsored Events shall
refer to any event sponsored or co-sponsored by the City as submitted to Lessee
by the Office of the Mayor or the Mayor’s designee.
5.4.1.3 Responsibility for any injury or damage to persons or property that occurs
in any way as a result of these City-Sponsored Events shall be apportioned based
on fault. These events shall be allowed on a space available basis by Lessee, and
subject to the restrictions of Subsection 5.4.4.
5.4.2 Lessee shall only be responsible for allowing access to the Pavilion, and providing
custodial services before, during and after the event.
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5.4.3 The Lessor shall pay Lessee the following for City-Sponsored Events unless the
parties specifically agree in writing to another amount:
Base Fee:$250
Hourly Attendance Fee:$35
Excessive Cleanup Surcharge:Reimbursement of Lessee’s actual costs.
5.4.3.1 These fees and charges shall not include services other than access to an
empty, clean Pavilion with a comfortable temperature and well-stocked
restrooms. Additional services such as catering shall be billed at Lessee’s
normal rates, and the exclusivity of Lessee’s right to provide such services
shall remain in affect during these City Sponsored Events. The room
rental revenue (but not the catering revenue) from these City-Sponsored
Events to Lessor shall not be subject to the Revenue Sharing provisions of
Subsection 1.9.2.
5.4.3.2 Lessee reserves the right to be the sole provider of catering at all
City-Sponsored Events at the Pavilion, as well as the right to waive that
provision, as long as Lessee does not owe any amounts past due or late
charges.
5.4.4 Scheduling of these City-Sponsored Events shall not fall within the following
times and dates unless otherwise approved by Lessee in writing:
Friday Evenings after 3:00pm
Saturdays
Sundays
Holidays
5.4.4.1 However, the exclusions in this Subsection 5.4.4 shall not apply during
the annual Renton River Days event and for the annual Holiday Tree
Lighting festivities.
5.4.5 Piazza Events:
5.4.5.1 Lessor may schedule a maximum of thirty-six (36) City-Sponsored Events
in the Piazza Park such as the Renton Farmers’ Market, the Cinema on the
Piazza summer movies, festivals and the like where Lessee shall provide
access to Pavilion restrooms (but not the entire building).
5.4.5.2 Lessor shall provide Lessee with at least sixty (60) calendar days advance
notice for such events. Lessee agrees to work with other potential users
of the Pavilion for the dates of such Piazza events to coordinate shared
use of the Pavilion restrooms, if possible. However, if Lessee has another
use scheduled for the Pavilion where shared use of the restrooms is not
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possible for one (1) or more of the above Piazza events, Lessee shall
provide Lessor with at least fifteen (15) business days advanced notice, in
which case Lessee shall not provide access to the Pavilion restrooms and
Lessor or the Piazza event sponsor shall secure commercially available
portable toilets at its own expense, if desired.
5.4.5.3 If there is no other event scheduled or another event scheduled where
the Pavilion restrooms may be shared, Lessee shall make the restrooms at
the Pavilion available for $50.00 for each eight (8) hour period per event
for Farmers’ Market, Return to Renton Car Show & River Days vendors &
volunteers only. Said fee shall be paid by Lessor or the Piazza event
sponsor within thirty (30) calendar days of receipt of invoice from Lessee.
Lessee shall be responsible for opening, monitoring, cleaning, restocking
and locking the Pavilion restrooms for each such event. Responsibility for
any injury or damage to persons or property that occurs in any way as a
result of the use of the Pavilion restrooms for such Piazza events shall be
apportioned by fault. The $50.00 payments for use of the Pavilion
restrooms described in this Subsection 5.4.2 shall not be subject to the
Revenue Sharing provisions of Subsection 1.9.3.
5.4.5.4 Lessee shall have and maintain control of keyed access and conditions of
use for restrooms during Piazza events.
5.4.5.5 If another event is scheduled during one (1) of the above-mentioned or
similar Piazza events, Lessee shall inform the Pavilion user for such date
of the Piazza event so that the user is aware in advance of potential
impacts from the Piazza event on the user’s event or meeting on the
Pavilion.
Section 5.5 Signs:
5.5.1 Lessee shall not place any interior or exterior signs on the Pavilion without
Lessor’s prior written consent.
Section 5.6 Indemnity:
5.6.1 Lessee’s Indemnification of Lessor:
5.6.1.1 Lessee, shall indemnify, defend and hold Lessor harmless from and
against any and all costs, claims, fees, losses or liability, or any portion
thereof, arising from: (a) Lessee’s use of the Pavilion; (b) the conduct of
Lessee’s business or anything else done or permitted by Lessee in or
about the Pavilion, including any contamination of the Pavilion property
or any other property resulting from the presence or use of Hazardous
Material caused or permitted by Lessee; (c) any breach or default in the
performance of Lessee’s Lease obligations; (d) any misrepresentation or
breach of warranty by Lessee; or (e) other acts or omissions of Lessee.
5.6.1.2 Lessee shall defend Lessor against any such cost, claim, fee, loss or
liability at Lessee’s expense with counsel reasonably acceptable to Lessor
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or, at Lessor’s election, Lessee shall reimburse Lessor for any legal fees or
costs incurred by Lessor in connection with any such claim. As a material
part of the consideration to Lessor, Lessee assumes all risk of damage to
property or injury to persons in the Pavilion arising from any cause, and
Lessee hereby waives all claims in respect thereof against Lessor, except
for any claim arising out of Lessor’s sole negligence. As used in this
Section 5.6, the term “Lessee,” for purposes of triggering indemnification,
shall include Lessee, and Lessee’s officers, employees, agents,
contractors, volunteers and invitees.
5.6.1.3 This indemnification provision shall not be applicable to any sums
payable under RCW Title 51 and does not waive the protections of Title
51 RCW. The parties have freely negotiated this provision.
5.6.1.4 The provisions of this Subsection 5.6.1 shall survive the termination or
expiration of this Lease.
Subsection 5.6.2 Lessor’s Indemnification of Lessee:
5.6.2.1 Subsection 5.6.2 shall apply only to Lessor’s liability and responsibility for
(i) the City-Sponsored Events provided for in Subsection 5.4.1; and (ii) the
use of the Pavilion restrooms for Piazza events provided for in Subsection
5.4.2. Lessor shall provide no other indemnification for Lessee.
5.6.2.2 Subject to the above limitations, Lessor shall indemnify, defend and hold
Lessee harmless from and against any and all costs, claims, losses or
liability, or any portion thereof, arising from: (a) Lessor’s use of the
Pavilion, that materially harms Lessee; (b) the conduct of Lessor’s
business or anything else done or permitted by Lessor in or about the
Pavilion, including any contamination of the Pavilion or any other
property resulting from the presence or use of Hazardous Material
caused or knowingly permitted by Lessor, that materially harms the
Lessee; (c) any material breach, subject to Article 15, or default in the
performance of Lessor’s obligations under this Lease, that materially
harms Lessee; (d) any material misrepresentation or breach of warranty
by Lessor under this Lease, that materially harms Lessee; or (e) other acts
or omissions of Lessor, that materially harms Lessee. Subject to the
limitations above, Lessor shall defend Lessee against any such cost, claim,
loss or liability at Lessor’s expense with counsel reasonably acceptable to
Lessee or, at Lessee’s election, Lessor shall reimburse Lessee for any legal
fees or costs incurred by Lessee in connection with any such claim.
5.6.2.3 As a material part of the consideration to Lessee, Lessor assumes all risk
of damage to property or injury to persons in the Pavilion arising from the
negligence of the Lessor or its agents, and only as to that negligence
Lessor hereby waives all claims in respect thereof against Lessee, except
for any claim arising out of Lessee’s negligence. As used in this Section
5.6, the term “Lessor,” for purposes of triggering indemnification, shall
include Lessor’s elected officials, officers, employees, agents, contractors,
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volunteers and invitees.
5.6.2.4 This indemnification provision shall not be applicable to any sums
payable under RCW Title 51 and does not waive the protections of Title
51 RCW. The parties have freely negotiated this provision.
5.6.2.5 The provisions of this Subsection 5.6.2 shall survive the termination or
expiration of this Lease.
Section 5.7 Lessor’s Access:
5.7.1 Lessor may access the main electrical room on the northeast side of the Pavilion
at any time and without notice for the purpose of using or maintaining the
electrical service, exterior lighting controls for the Piazza Park, and
communications/CCTV equipment. Lessor may also access the restrooms at the
Pavilion for Piazza events as provided for in Subsection 5.4.5.
5.7.2 Lessor or its agents may enter the Pavilion at all reasonable times to show the
Pavilion to potential buyers, investors, lessees or others as Lessor sees necessary.
Lessor shall give Lessee reasonable prior notice of such entry, except in the case
of emergency. Lessor may place customary “For Lease” signs on the Pavilion at
any time during the Lease. Lessee may take down the “For Lease” signs during
events, but shall replace them immediately afterwards.
Section 5.8 Quiet Possession:
5.8.1 If Lessee pays the Base Rent, Revenue Sharing, parking revenue and complies
with all other terms of this Lease, Lessee may occupy and enjoy the Pavilion for
the full Lease Term, subject to the provisions of this Lease. Subject to the
provisions above, Lessee acknowledges that the Pavilion is located adjacent to
the Piazza Park and the Renton Transit Center and that, as such, the use of the
Pavilion may be impacted by the day-to-day activities in the adjacent spaces or
City-sponsored or endorsed activities in the Piazza Park, including but not limited
to the Piazza events described in Subsection 5.4.
Section 5.9 Hazardous Material:
5.9.1 Lessor represents and warrants to Lessee that, to the best of Lessor’s knowledge,
there is no “Hazardous Material” (as defined below) on, in, or under the Pavilion
as of the Commencement Date except as otherwise disclosed to Lessee in writing
before the execution of this Lease. If there is any Hazardous Material on, in, or
under the Pavilion as of the Commencement Date, which has been or thereafter
becomes unlawfully released through no fault of Lessee, then Lessor shall
indemnify, defend and hold Lessee harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities or losses including without limitation
sums paid in settlement of claims, attorneys’ fees, consultant fees and expert
fees, incurred or suffered by Lessee either during or after the Lease Term as the
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result of such contamination.
5.9.2 Lessee shall not cause or permit any Hazardous Material to be brought upon,
kept, used in or about, or buried or disposed of on the Pavilion by Lessee, its
officers, agents, employees, contractors, volunteers or invitees, except after
written notice to the Lessor at least five (5) business days before such possession
or use on or near the Pavilion, and in strict compliance with all applicable
federal, state and local laws, regulations, codes and ordinances.
5.9.3 If Lessee breaches the obligations stated in the preceding sentence, then Lessee
shall indemnify, defend and hold Lessor harmless from any and all claims,
judgments, damages, penalties, fines, fees, costs, liabilities or losses including,
without limitation, diminution in the value of the Pavilion, damages for the loss
or restriction on use of rentable or usable space or of any amenity of the
Pavilion, or elsewhere, damages arising from any adverse impact on marketing of
space at the Pavilion, damage related to any environmental contamination, and
sums paid in settlement of claims, attorneys’ fees, consultant fees and expert
fees incurred or suffered by Lessor either during or after the Lease Term. This
indemnification by the Lessee includes, without limitation, costs incurred in
connection with any investigation of site conditions or any clean-up, remedial
action under RCW 70.105D, removal or restoration work, whether or not
required by any federal, state or local governmental agency or political
subdivision, because of Hazardous Material present in or under the Pavilion, or in
its soil or its ground water. Lessee also agrees to grant Lessor the right to enter
the Pavilion for the purpose of conducting tests and monitoring for the purpose
of determining whether hazardous substances are present or have been released
on or in or below the Pavilion.
5.9.4 Lessee shall immediately notify Lessor in writing of any inquiry, investigation or
notice that Lessee may receive from any third-party regarding the actual or
suspected presence of Hazardous Material on the Pavilion, and forward any
related documents or materials to the City.
5.9.5 Without limiting the foregoing, if the presence of any Hazardous Material
brought upon, kept or used in or about the Pavilion by Lessee, its officers,
agents, employees, contractors, volunteers or invitees, results in any unlawful
release of Hazardous Material on, in or underneath the Pavilion or any other
property, Lessee shall promptly take all actions, at its sole expense, as are
necessary to return the Pavilion or any other property, to the condition existing
prior to the release of any such Hazardous Material; provided that Lessor’s
approval of such actions shall first be obtained, which approval may be withheld
at Lessor’s sole discretion.
5.9.6 As used herein, the term “Hazardous Material” means any hazardous,
dangerous, toxic or harmful substance, material or waste including biomedical
waste which is or becomes regulated by any local governmental authority, the
State of Washington or the United States Government due to its potential harm
to the health, safety or welfare of humans, animals or the environment.
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ARTICLE 6.CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS
Section 6.1 Existing Conditions:
6.1.1 Lessee accepts the Pavilion in its condition as of the execution of the Lease,
subject to all recorded matters, laws, ordinances, and governmental regulations
and orders. Lessee acknowledges that neither Lessor nor any agent of Lessor has
made any representation as to the condition of the Pavilion or the suitability of
the Pavilion for Lessee’s intended use. Lessee represents and warrants that
Lessee has made its own inspection of and inquiry regarding the condition of the
Pavilion and is not relying on any representations of Lessor or any Broker with
respect thereto. As the Lessee of the Pavilion before this current Lease is
executed, Lessee has not given Lessor notice of any existing condition to resolve.
Section 6.2 Exemption of Lessor from Liability:
6.2.1 Lessor shall not be liable for any damage or death or injury to the person,
business (or in any loss of income there from), goods, wares, merchandise or
other property of Lessee, Lessee’s officers, agents, employees, volunteers,
invitees, customers or any other person in or about the Pavilion, whether such
damages or injury is caused by or results from: (a) fire, steam, electricity, water,
gas, snow, rain, or volcanic activity; (b) the breakage, leakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or
lighting fixtures or any other cause; or (c) conditions arising in or about the
Pavilion or upon other portions of the Project, or from other sources or places.
6.2.2 Lessor shall not be liable for any such damage or injury even though the cause of
or the means of repairing such damage, death or injury are not accessible to
Lessee. The provisions of this Section 6.2 shall not, however, exempt Lessor
from liability for Lessor’s negligence or misconduct.
Section 6.3 Maintenance and Repairs:
6.3.1 Lessee shall have total responsibility for maintenance as described in Exhibit D,
Maintenance Schedule, routine repairs and custodial services for the Project.
6.3.2 Exhibit D details Lessee’s maintenance and custodial duties.
6.3.3 Lessee shall maintain records on the Pavilion that document Lessee’s
performance of preventative maintenance, inspections and service to the HVAC
and other building systems included in Exhibit D, Section II (Mechanical). Such
records shall be available for inspection by Lessor.
6.3.4 Lessor will conduct periodic inspections of the Pavilion and the above records
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with ten (10) calendar days notice to assure compliance with the maintenance
and custodial requirements. Lessor reserves the right to perform emergency
maintenance services to safeguard and preserve the integrity of the Pavilion and
to perform maintenance, repairs or custodial services if Lessee fails to perform
them within thirty (30) calendar days of notice. Lessor will bill Lessee for
emergency or other services provided by Lessor and Lessee shall make payment
along with the rent described in Section 1.10. Lessee’s repeated failure to
maintain the Pavilion shall constitute a material breach, subject to Article 15.
6.3.5 Lessee is responsible for any processes, procedures, or construction activities
that require environmental review, permits, or similar approvals. Qualified
individuals, as approved by the Lessor, shall perform all maintenance, design or
construction work on the Pavilion.
6.3.6 Lessor shall be responsible for all exterior damage repair and maintenance of the
Pavilion Building, unless caused by Lessee’s use, or the Lessee’s agents,
employees, contractors, volunteers or invitees. Lessor shall assume
responsibility for all items of HVAC major maintenance identified in Exhibit D, or
related to such maintenance.
6.3.7 Lessor has provided Lessee at no charge with instruction regarding the operation
and maintenance of HVAC and other mechanical systems located in the Pavilion
Building and the use of the Maintenance Schedule included in Exhibit D. Lessor
shall be responsible for water treatments for the chiller loop and for the annual
boiler inspection and maintenance.
6.3.8 Subject to the provisions of Article 7, if Lessee properly performs the required
preventative maintenance, inspections and service included in Exhibit D, Section
II, Lessor shall be responsible for repairing failures to the following equipment,
systems or components on the Pavilion: structural components, HVAC, plumbing,
electrical distribution and electronic control systems. However, this provision
shall not apply to items that may need repair or replacement by Lessee due to
normal wear and tear during the Lease Term including, but not limited to, door
openers and closers, roll up door rollers, toilet flush values, restroom fans, light
bulbs and other consumable items.
Section 6.4 Alterations and Other Changes:
6.4.1 Lessee shall not make any alterations to the Pavilion or install interior or exterior
signage without Lessor’s prior written consent.
6.4.1.1 Lessee shall pay for any alterations approved by Lessor.
6.4.1.2 The term “Alterations” shall mean any addition, modification,
improvement or removal, other than the installation of carpet, shelves,
movable partitions, Lessee’s equipment, and trade fixtures which may be
performed without damaging existing improvements, fixtures, walls,
floors, or the structural integrity of the Pavilion, and Lessor’s consent
shall not be required for Lessee’s installation of those items. However,
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Lessee agrees to coordinate any carpet installation in advance with Lessor
to insure that the carpet is installed in a manner that allows appropriate
service access to all HVAC service areas in the plenum.
6.4.1.3 Lessor may require Lessee to provide demolition and/or lien and
completion bonds in form and amount satisfactory to Lessor. Lessee shall
immediately remove any alterations, additions, or improvements
constructed in violation of this Section 6.4 upon Lessor’s written request.
6.4.1.4 All alterations shall be done in a good, code-compliant and workmen-like
manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Lessor. Before commencement of any alteration,
Lessee shall provide Lessor with all plans, blueprints, and designs for
review. Upon completion of any such work, Lessee shall provide Lessor
with “as built” plans, copies of all construction contracts, and proof of
payment for all labor and materials. Lessee shall not be required to
remove or pay the cost of removal of any Alterations upon the
termination or expiration of the Lease for any reason.
6.4.1.5 All alternations shall become the property of Lessor upon termination or
expiration of the Lease.
6.4.2 Lessee shall pay when due all claims for labor and material furnished to the
Pavilion. Lessee shall give Lessor at least twenty (20) calendar days prior written
notice of the commencement of any work on the Pavilion, regardless of whether
Lessor’s consent to such work is required. Lessor may elect to record and post
notices of non-responsibility on the Pavilion. Lessee shall reimburse Lessor for
any legal fees or costs incurred by Lessor in connection with defending itself
against any claims for labor or material furnished to the Pavilion.
Section 6.5 Pavilion Condition Upon Termination of Lease
6.5.1 Upon the termination of the Lease, under Article 15, Lessee shall surrender the
Pavilion to Lessor, broom clean and in the same condition as received except for
ordinary wear and tear which Lessee was not otherwise obligated to remedy
under the provisions of this Lease. Holes in walls or floors shall not constitute
ordinary wear and tear. However, Lessee shall not be obligated to repair any
damage which Lessor is required to repair under Article 7.
6.5.2 All alterations shall become Lessor’s property upon the expiration or early
termination of the Lease, except that Lessee may remove any of Lessee’s
machinery or equipment which can be removed without material damage to the
Pavilion, provided that Lessee has paid Lessor all monies owed.
6.5.3 Lessee shall repair, at Lessee’s expense, any damage to the Pavilion caused by
the removal of any such machinery, specialty cabinets installed by Lessee,
computer, telephone or other communication or electronic equipment, or other
equipment.
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6.5.4 In no event shall Lessee remove any of the following materials or equipment
(agreed to be Lessor’s property) without Lessor’s prior written consent: any
power wiring or power panels; lighting or lighting fixtures, wall coverings;
drapes, blinds or other window coverings; carpets or other floor coverings;
heaters, air conditioners or any other heating or air conditioning equipment;
fencing or security gates or security systems; or other similar building operating
equipment and decorations.
6.5.5 Within thirty (30) calendar days after the expiration or early termination of this
Lease, Lessee shall remove from the Pavilion, at its sole expense, all equipment,
furnishings, and other personal property owned and placed in or on the Pavilion
by the Lessee unless otherwise provided for in the Lease. If Lessee fails to
removed such equipment, furnishings, and other personal property within the
time allowed, Lessor may, but need not, remove said personal property and hold
it for the owners thereof, or place the same in storage, all at the expense and
risk of the owners thereof, and Lessee shall reimburse Lessor for any expenses
incurred by Lessor in connection with such removal and storage. Lessor shall
have the right to sell such stored property, without notice to Lessee, after it has
been stored for a period of thirty (30) calendar days or more, the proceeds of
such sale to be applied first to the cost of sale, second to payment of any charges
for storage, and third to the payment of any other amounts which may then be
due from Lessee to Lessor, and the balance, if any, shall be considered forfeited
and deposited into the City’s general fund.
ARTICLE 7.DAMAGE OR DESTRUCTION
Section 7.1 Partial Damage to Property:
7.1.1 Lessee shall notify Lessor in writing immediately upon the occurrence of any
damage to the Pavilion. If the Pavilion is only partially damaged, [i.e., less than
fifty percent (50%) of the Pavilion is not leasable as a result of such damage or
less than fifty percent (50%) of Lessee’s operations are materially impaired], and
if the proceeds received by Lessor from the insurance policies described in
Subsection 4.3 are sufficient to pay for the necessary repairs, this Lease shall
remain in effect and Lessor shall repair the damage as soon as reasonably
possible. Lessor may elect (but is not required) to repair any damage to Lessee’s
fixtures, equipment, or improvements, subject to an agreement that Lessee pay
for such repair. Lessee shall pay Lessor, if the damage was due to an act or
omission of Lessee, or Lessee’s employees, agents, contractors, volunteers or
invitees, the “deductible amount,” if any, under Lessor’s insurance policies.
7.1.2 If the insurance proceeds received by Lessor are not sufficient to pay the entire
cost of repair, or if the cause of the damage is not covered by the insurance
policies which Lessor maintains under Section 4.3, Lessor may elect to (i) repair
the damage, (ii) Lessor may chose to continue honor the this Lease and/or (iii)
Lessor may terminate this Lease as of the date the damage occurred.
7.1.2.1 Lessor shall notify Lessee within thirty (30) calendar days after receipt of
notice of the damage whether Lessor elects to terminate the Lease.
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7.1.2.2 Lessee shall pay Lessor, if the damage was due to an act or omission of
Lessee, or Lessee’s employees, agents, contractors, volunteers or
invitees, the “deductible amount,” under Lessor’s insurance policies.
7.1.2.3 If Lessor elects to terminate the Lease, under Article 15, Lessee shall pay
the cost of such repairs, except that upon satisfactory completion of such
repairs, Lessor shall deliver to Lessee insurance proceeds to cover the
cost of Lessee’s repairs.
7.1.2.4 If the Lessor elects to not terminate the Lease, Lessee shall repair any
damage to the Pavilion.
7.1.3 If the damage to the Pavilion occurs during the last six (6) months of the Lease
Term and such damage will require more than thirty (30) calendar days to repair,
either Lessor or Lessee may elect to terminate this Lease as of the date the
damage occurred, regardless of the sufficiency of any insurance proceeds. The
party electing to terminate this Lease shall give written notification to the other
party of such election within thirty (30) calendar days after Lessee’s notice to
Lessor of the occurrence of the damage. This opportunity to terminate shall not
absolve Lessee of its responsibility to repair and/or indemnify Lessor for the
Lessee’s negligence or damage to Lessor’s property.
Section 7.2 Substantial or Total Destruction:
7.2.1 If the Pavilion is substantially or totally destroyed by any cause whatsoever (i.e.,
the damage to the Pavilion is greater than partial damage as described in Section
7.1, and regardless of whether Lessor receives any insurance proceeds, this Lease
shall terminate as of the date the destruction occurred). Subject to the
preceding sentence, if the Pavilion can be rebuilt within six (6) months after the
date of destruction, Lessor may elect to rebuild the Pavilion, and may chose to
have this Lease remain in effect. Lessor shall notify Lessee of such election
within thirty (30) calendar days after Lessee’s notice of the occurrence of total or
substantial destruction.
Section 7.3 Temporary Reduction of Rent:
7.3.1 If the Pavilion is destroyed or damaged and Lessor or Lessee repairs or restores
the Pavilion pursuant to the provisions of this Article 7, any rent payable during
the period of such damage repair and/or restoration shall be reduced according
to the degree, to which Lessee’s use of the Pavilion is impaired, unless the
damage was the result of Lessee’s negligence. Except for such possible reduction
in Base Rent, Lessee shall not be entitled to any compensation, reduction, or
reimbursement from Lessor as a result of any damage, destruction, repair, or
restoration of or to the Pavilion.
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Section 7.4 Destruction Waiver:
7.4.1 Lessee waives the protection of any statute, code or judicial decision which
grants a lessee the right to terminate a lease in the event of the substantial or
total destruction of the leased Pavilion. Lessee agrees that the provision of
Section 7.2 above shall govern the rights and obligations of Lessor and Lessee in
the event of any substantial or total destruction to the Pavilion.
ARTICLE 8.CONDEMNATION
8.1.1 If all or any portion of the Pavilion is taken under the power of eminent domain
or sold under the threat of that power (all of which are called “Condemnation”),
this Lease shall terminate as to the part taken or sold on the date the
condemning authority takes title or possession, whichever occurs first. If more
than twenty percent (20%) of the floor area of the building in which the Pavilion
is located, or which is located on the Pavilion, is taken, either Lessor or Lessee
may terminate this Lease as of the date the condemning authority takes title or
possession, by delivering written notice to the other within ten (10) days after
receipt of written notice of such taking (or in the absence of such notice, within
ten (10) days after the condemning authority takes title or possession).
8.1.2 If neither Lessor nor Lessee terminates this Lease under Article 15, this Lease
shall remain in effect as to the portion of the Pavilion not taken, except that the
Base Rent shall be reduced in proportion to the reduction in the Pavilion floor
area.
8.1.3 Any Condemnation Award or payment shall be distributed in the following order:
(a) first, to any mortgagee or beneficiary under a deed of trust encumbering the
Pavilion, the amount of its interest in the Pavilion; (b) second, to Lessee, only the
amount of any award specifically designated for loss of or damage to Lessee’s
trade fixtures or removable personal property; and (c) third, to Lessor, the
remainder of such award, whether as compensation for reduction in the value of
the leasehold, the taking of the fee, or otherwise.
8.1.4 If this Lease is not terminated, Lessor shall repair any damage to the Pavilion due
to Condemnation, except that Lessor shall not be obligated to repair any damage
for which Lessee has been reimbursed by the condemning authority.
8.1.5 If the severance damages received by Lessor are not sufficient to pay for such
repair, Lessor shall have the right to either terminate this Lease or make such
repair at Lessor’s expense.
ARTICLE 9.ASSIGNMENT AND SUBLETTING
Section 9.1 Lessor’s Consent Required:
9.1.1 No portion of the Pavilion or of Lessee’s interest in this Lease may be acquired by
any other person or entity, whether by sale, assignment, mortgage, sublease,
transfer, operation of law, or act of Lessee (hereafter collectively referred to as a
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“transfer”) without Lessor’s prior written consent. Lessor has the right to grant
or withhold its consent as provided in Section 9.3 below.
9.1.2 Any attempted transfer without Lessor’s prior written consent shall be void and
shall constitute a non-curable material breach subject to Article 15. If Lessee is a
partnership or limited liability company, any cumulative transfer of more than
twenty percent (20%) of the entity’s interests shall require Lessor’s consent.
9.1.3 If Lessee is a corporation, any change in the ownership of a controlling interest of
the voting stock of the corporation, cumulatively over the life of the Lease, shall
require Lessor’s consent.
Section 9.2 No Release of Lessee:
9.2.1 No transfer shall release Lessee or change Lessee’s primary liability to pay the
Base Rent, Revenue Sharing and to perform all other obligations of Lessee under
this Lease. Lessor’s acceptance of Base Rent or Revenue Sharing from any other
person is not a waiver of any provision of this Article 9. Consent to one transfer
is not consent to any subsequent transfer.
9.2.2 If Lessee’s transferee defaults under this Lease, Lessor may proceed directly
against Lessee without pursuing remedies against the transferee, or against both
the Lessee and its transferee. Lessor may consent to subsequent assignments or
modifications of this Lease by Lessee’s transferee, without notifying Lessee or
obtaining its consent, and without relieving Lessee of liability under this Lease.
Section 9.3 Lessor’s Consent:
9.3.1 Lessee’s request for consent to any transfer described in Section 9.1 shall set
forth in writing the details of the proposed transfer, including the name, business
and financial condition of the prospective transferee, financial details of the
proposed transfer (e.g., the term of and the rent and security deposit payable
under any proposed assignment or sublease), and any other information Lessor
deems relevant. Lessor shall have the right to withhold consent, or to grant
consent, based on the following factors: (i) the business of the proposed
assignee or sublessee and the proposed use of the Pavilion; (ii) the net worth
and financial reputation of the proposed assignee or sublessee; (iii) Lessee’s
compliance with all of its obligations under the Lease; and (iv) such other factors
as Lessor may reasonably deem relevant in its sole discretion.
ARTICLE 10.DEFAULT OR FAILURE OF CONSIDERATION
10.1.1 Lessee’s performance of each of Lessee’s obligations under this Lease is a
condition as well as a covenant. Lessee’s right to continue in possession of the
Pavilion is strictly conditioned upon such performance, including but not limited
to rent, revenue sharing, parking revenue and maintenance. Time is of the
essence in the performance of all covenants and conditions.
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Lessor may terminate the Lease, under Article 15, and take possession of the
Pavilion in the event that the Lessee shall have failed to perform any of the
covenants or conditions of the Lease, and such default or deficiency in
performance was not remedied by the Lessee within thirty (30) calendar days
after receiving notice in writing stating the nature of the default or deficiency
and the Lessor’s intention to terminate the Lease if not corrected.
10.1.3 Under such circumstances as noted in this article, the Lessee is still responsible
for any outstanding amounts, as well as penalties, and any other liabilities,
attorney’s fees, filing fees, costs and assessments.
10.1.4 The vacating or abandonment of the Pavilion shall constitute a default and a
material breach by Lessee.
10.1.5 The making by Lessee or any general assignment, or general arrangement for the
benefit of creditor, the appointment of a trustee or receiver to take possession
of substantially all of Lessee’s assets located at the Pavilion or of Lessee’s interest
in the Pavilion, or the attachment, execution or other judicial seizure of
substantially all of Lessee’s assets located at the Pavilion or of Lessee’s interest in
the Pavilion shall constitute a default, and a material breach by Lessee.
ARTICLE 11.PROTECTION OF LENDERS
Section 11.1 Subordination:
11.1.1 Lessor shall have the right to subordinate this Lease to any ground lease, deed of
trust or mortgage encumbering the Pavilion, any advances made on the security
thereof and any renewals, modifications, consolidations, replacements or
extensions thereof, whenever made or recorded. Lessee shall cooperate with
Lessor and any lender which is acquiring a security interest in the Pavilion or the
Lease.
11.1.2 Lessee shall execute such further documents and assurances as such lender may
require, provided that Lessee’s obligations under this Lease shall not be
increased in any material way (the performance of ministerial acts shall not be
deemed material), and Lessee shall not be deprived of its rights under this Lease.
Lessee’s right to quiet possession of the Pavilion during the Lease Term shall not
be disturbed if Lessee pays the Base Rent, Revenue Sharing and performs all of
Lessee’s obligations under this Lease and is not otherwise in default.
11.1.3 If any ground Lessor, beneficiary or mortgagee elects to have this Lease prior to
the lien of its ground lease, deed of trust or mortgage and gives written notice
thereof to Lessee, this Lease shall be deemed prior to such ground lease, deed of
trust or mortgage whether this Lease is dated prior or subsequent to the date of
said ground lease, deed of trust or mortgage or the date of recording thereof.
Section 11.2 Attornment:
11.2.1 If Lessor’s interest in the Pavilion is acquired by any ground Lessor, beneficiary
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under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee shall
attorn to the transferee of or successor to Lessor’s interest in the Pavilion and
recognize such transferee or successor as Lessor under this Lease. Lessee waives
the protection of any statute or rule of law which gives or purports to give Lessee
any right to terminate this Lease or surrender possession of the Pavilion upon
the transfer of Lessor’s interest.
Section 11.3 Signing of Documents:
11.3.1 Lessee shall sign and deliver any instrument or documents required to evidence
any such attornment or subordination or agreement to do so.
11.3.2 If Lessee fails to do so within twenty (20) calendar days after written request,
Lessee hereby makes, constitutes and irrevocably appoints Lessor, or any
transferee or successor of Lessor, the attorney-in-fact of Lessee to execute and
deliver any such instrument or document.
Section 11.4 Estoppel Certificates:
11.4.1 Upon Lessor’s written request, Lessee shall execute, acknowledge and deliver to
Lessor a written statement certifying: (i) that none of the terms or provisions of
this Lease have been changed (or if they have been changed, stating how they
have been changed); (ii) that this Lease has not been canceled or terminated; (iii)
the last date of payment of the Base Rent and other charges and the time period
covered by such payment; (iv) that Lessor is not in default under this Lease (or, if
Lessor is claimed to be in default, stating why); and (v) such other
representations or information with respect to Lessee or the Lease as Lessor may
reasonably request or which any prospective purchaser, encumbrancer, or
interest-holder of the Pavilion may require.
11.4.2 Lessee shall deliver such statement to Lessor within twenty (20) calendar days
after Lessor’s request. Lessor may give any such statement by Lessee to any
prospective purchaser, encumbrancer, or interest-holder of the Pavilion. Such
person or persons may rely conclusively upon such statement as true and
correct.
11.4.3 If Lessee does not deliver such statement to Lessor within such twenty (20) day
period, Lessor, and any prospective purchaser, encumbrancer, or interest-holder
may conclusively presume and rely upon the following facts: (i) that the terms
and provisions of this Lease have not been changed except as otherwise
represented by Lessor; (ii) that this Lease has not been canceled or terminated
except as otherwise represented by Lessor: (iii) that not more than one month’s
Base Rent or other charges have been paid in advance; and (iv) that Lessor is not
in default under the lease. In such event, Lessee shall be estopped from denying
the truth of such facts.
ARTICLE 12.LEGAL COSTS
Section 12.1 Legal Proceedings:
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12.1.1 If Lessee or Lessor shall be in material breach or default under this Lease, such
party (the “Defaulting Party”) shall reimburse the other party (the
“Nondefaulting Party”) upon demand for any costs or expenses that the
Nondefaulting Party incurs in connection with any material breach or default of
the Defaulting Party under this Lease, whether or not suit is commenced or
judgment entered. Such costs shall include legal fees and costs incurred for the
negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if
any action for breach of or to enforce the provisions of this Lease is commenced,
the court in such action shall award to the party in whose favor a judgment is
entered, a reasonable sum as attorneys’ fees, filing fees and costs. The losing
party in such action shall pay such attorneys’ fees and costs.
12.1.2 Lessee shall indemnify Lessor against and hold Lessor harmless from all costs,
fees, expenses, demands and liability Lessor may incur if Lessor becomes or is
made a party to any claim or action (a) instituted by Lessee against any
third-party, or by any third-party against Lessee, or by or against any person
holding any interest under or using the Pavilion by license of or agreement with
Lessee; (b) for foreclosure of any lien for labor or material furnished to or for
Lessee or such other person; (c) otherwise arising out of or resulting from any act
or transaction of Lessee or such other person; or (d) necessary to protect
Lessor’s interest under this Lease in a bankruptcy proceeding, or other
proceeding under Title 11 of the United States Code, as amended.
12.1.3 Lessee shall defend Lessor against any such claim or action at Lessee’s expense
with counsel reasonably acceptable to Lessor or, at Lessor’s election, Lessee shall
reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or
action.
Section 12.2 Lessor’s Consent:
13.2.1 Lessee shall pay Lessor’s reasonable attorneys’ fees incurred in connection with
Lessee’s request for Lessor’s consent under Article 9 (Assignment and
Subletting), or in connection with any other act which Lessee proposes to do and
which requires Lessor’s consent.
ARTICLE 13.MISCELLANEOUS PROVISIONS
Section 13.1 Non-Discrimination:
13.1.1 Lessee promises, and it is a condition to the continuance of this Lease, that there
will be no discrimination against, or segregation of, any person or group of
persons on the basis of race, color, age, sex, sexual orientation, mental or
physical disability, religion, creed, national origin or ancestry in the leasing,
subleasing, transferring, occupancy, tenure or use of the Pavilion or any portion
thereof, unless exempted by applicable state or federal legislation or judicial or
quasi-judicial decisions. Discrimination shall be a material breach, subject to
Article 15.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 53 of 110
Pavilion Lease [Type text] 27
Section 13.2 Lessor’s Liability; Certain Duties:
13.2.1 As used in this Lease, the term “Lessor” means only the current owner or owners
of the fee title to the Pavilion or the leasehold estate under a ground lease of the
Pavilion at the time in question. Each Lessor is obligated to perform the
obligations of Lessor under this Lease only during the time such Lessor owns
such interest or title. Any Lessor who transfers its title or interest is relieved of
all liability with respect to the obligations of Lessor under this Lease to be
performed on or after the date of transfer. However, each Lessor shall deliver to
its transferee all funds that Lessee previously paid if such funds have not yet
been applied under the terms of this Lease.
13.2.2 Lessee shall give written notice of any failure by Lessor to perform any of its
obligations under this Lease to Lessor and to any ground Lessor, mortgagee or
beneficiary under any deed of trust encumbering the Pavilion whose name and
address have been furnished to Lessee in writing. Lessor shall not be in default
under this Lease unless Lessor (or such ground Lessor, mortgagee or beneficiary)
fails to cure such non-performance within thirty (30) days after receipt of
Lessee’s notice. However, if such non-performance reasonably requires more
than thirty (30) calendar days to cure, Lessor shall not be in default if such cure is
commenced within such thirty (30) calendar day period and thereafter is
diligently pursued to completion.
Section 13.3 Severability:
13.3.1 A determination by a court of competent jurisdiction that any provision of this
Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate
the remainder of such provision of this Lease.
Section 13.4 Interpretation:
13.4.1 The captions of the Articles or Sections of this Lease are to assist the parties in
reading this Lease and are not a part of the terms or provisions of this Lease.
Whenever required by the context of this Lease, the singular shall include the
plural and the plural shall include the singular. The masculine, feminine and
neuter genders shall each include the other. In any provision relating to the
conduct, acts or omissions of Lessee, the term “Lessee” shall include Lessee’s
officers, agents, employees, contractors, volunteers, invitees, successors or
others using the Pavilion with Lessee’s expressed or implied permission. In any
provision relating to the conduct, acts or omissions of Lessor, the term “Lessor”
shall include Lessor’s elected officials, officers, agents, employees, contractors,
volunteers, invitees, successors or others using the Pavilion with Lessor’s
expressed or implied permission.
Section 13.5 Incorporation of Prior Agreements; Modifications:
13.5.1 This Lease is the only agreement between the parties pertaining to the lease of
the Pavilion and no other agreements are effective. All amendments to this
Lease must be in writing and signed by all parties. Any other attempted
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 54 of 110
Pavilion Lease [Type text] 28
amendment, unless in writing and signed by each party shall be void.
Section 13.6 Notices:
13.6.1 All notices required or permitted under this Lease shall be in writing and shall be
personally delivered or sent by certified mail, return-receipt requested, postage
prepaid. Notices to Lessee or Lessor shall be delivered to the address specified
in Section 1.2. All notices shall be effective upon delivery. Either party may
change its notice address by written notice to the other party.
Section 13.7 Waivers:
13.7.1 All waivers must be in writing and signed by the waiving party. Lessor’s failure to
enforce any provision of this Lease or its acceptance of rent or revenue sharing
shall not be a waiver and shall not prevent Lessor from enforcing that provision
or any other provision of this Lease in the future. No statement on a payment
check from Lessee or in a letter accompanying a payment check shall be binding
on Lessor. Lessor may, with or without notice to Lessee, negotiate such check
without being bound to the conditions of such statement.
Section 13.8 No Recordation:
13.8.1 Lessee shall not record this Lease without prior written consent from Lessor.
However, either Lessor or Lessee may require that a “Short Form” memorandum
of this Lease executed by both parties be recorded. The party requiring such
recording shall pay all transfer taxes and recording fees required to accomplish
recordation.
Section 13.9 Binding Effect; Choice of Law:
13.9.1 This Lease binds any party who legally acquires any rights or interest in this Lease
from Lessor or Lessee. However, Lessor shall have no obligation to Lessee’s
successor unless the rights or interest of Lessee’s successor are acquired in
accordance with the terms of this Lease. The laws of the State of Washington
shall govern this Lease.
Section 13.10 Entity Authority:
13.10.1 If Lessee is an entity other than an individual or partnership, each person signing
this Lease on behalf of Lessee represents and warrants that he or she has full
authority to do so and that this Lease binds the entity. Within thirty (30)
calendar days after this Lease is signed, Lessee shall deliver to Lessor a certified
copy of a resolution of Lessee’s Board of Directors or other governing body
authorizing the execution of this Lease or other evidence of such authority
reasonably acceptable to Lessor. If Lessee is a partnership, each person or entity
signing this Lease for Lessee represents and warrants that he, she or it is a
general partner of the partnership, that he, she or it has full authority to sign for
the partnership and that this Lease binds the partnership and all general partners
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 55 of 110
Pavilion Lease [Type text] 29
of the partnership. Lessee shall give written notice to Lessor of any general
partner’s withdrawal or addition. Within thirty (30) calendar days after this
Lease is signed, Lessee shall deliver to Lessor a copy of Lessee’s recorded
statement of partnership or certificate of limited partnership.
Section 13.11 Joint and Several Liability:
13.11.1 All parties signing this Lease as Lessee shall be jointly and severally liable for all
obligations of Lessee.
Section 13.12 Force Majeure:
13.12.1 If Lessor cannot perform any of its obligations due to events beyond Lessor’s
control, the time provided for performing such obligations shall be extended by a
period of time equal to the duration of such events beyond Lessor’s control.
Such events include, but are not limited to, Acts of God, war, civil commotion,
labor disputes, strikes, fire, earthquake, flood or other casualty, shortages of
labor or material, government regulation or restriction, volcanic eruption, and
weather conditions.
Section 13.13 Execution of Lease:
13.13.1 This Lease may be executed in counterparts and, when all counterpart
documents are executed, the counterparts shall constitute a single binding
instrument. Lessor’s delivery of this Lease to Lessee shall not be deemed to be
an offer to lease and shall not be binding upon either party until executed and
delivered by both parties.
Section 13.14 Survival:
13.14.1 All representations and warranties of Lessor and Lessee shall survive the
expiration or early termination of this Lease.
ARTICLE 14.BROKERS
14.1 Nothing contained in this Lease shall impose any obligation on Lessor to pay a
commission or fee to any party. Lessee represents and warrants to Lessor that it
has not engaged any broker, finder or other person who would be entitled to any
commission or fees for the negotiation, execution, or delivery of this Lease.
Lessee shall indemnify, defend, and hold harmless Lessor against any loss, cost,
fee, liability or expense incurred by Lessor as a result of any claim asserted by
any such broker, finder or other person on the basis of any arrangements or
agreements made or alleged to have been made by or on behalf of Lessee. This
Article shall not apply to brokers with whom Lessor has an express written
brokerage agreement.
ARTICLE 15 TERMINATION
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 56 of 110
Pavilion Lease [Type text] 30
This Lease may be terminated by either party for a material breach that is
non-curable or that has not been cured upon notice in a reasonable time. A
material breach may be a breach that has not been identified as a material
breach in this Lease.
15.2 This Lease may be terminated for convenience if agreed to by both parties.
15.3 As a result of a default and/or material breach of the this Lease, Lessor may
terminate Lessee’s right to possess the Pavilion by any lawful means, in which
case this Lease shall terminate and Lessee shall immediately surrender possession
to the Lessor. If this circumstance arises, Lessor shall be entitled to recover all
damages, fees, costs, and expenses incurred by Lessor by reason of Lessee’s
default, and forfeit monies held or owed to Lessee by Lessor.
15.4 Lessor shall not be in default unless Lessor fails to reasonably perform the
requirements of this Lease, upon reasonable written notice by Lessee.
ARTICLE 16.ACKNOWLEDGMENTS
16.1 Lessor and Lessee have signed this Lease on the dates specified adjacent to their
signatures below and have initialed all Exhibits and/or Riders which are attached
to or incorporated by reference into this Lease.
“LESSOR”“LESSEE”
City of Renton Rain City Catering
By _________________________By: __________________________
Denis Law, Mayor Kenneth Rogers, Principal
Date: ___________________, 2011 Date: ___________________, 2011
Attest:
By ___________________________
Bonnie Walton, City Clerk
Attest:
By ____________________________
Lawrence J. Warren, City Attorney
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 57 of 110
Pavilion Lease Exhibit A, Legal Description i
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 2, 3, 16, 17 and 18, Block 2, Motor Line Addition to Renton, according to the plat thereof
recorded in Volume 9 of Plats, Page 150, Records of King County, Washington.
All situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in
the City of Renton, King County, Washington.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 58 of 110
Pavilion Lease Exhibit B – Project Site Plan xxxii
EXHIBIT “B”
PROJECT SITE PLAN
Pavilion Building Site Plan:
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 59 of 110
Pavilion Lease Exhibit B – Project Site Plan xxxiii
Vicinity Map with the Pavilion Building and Common Exterior Areas (including the Piazza Park
on the south side of the Pavilion Building and the public parking lot, Renton Transit Center and
City Center Parking Garage on the north side of the Pavilion Building):
Pavilion Building Square Footage Data:
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 60 of 110
Pavilion Lease Exhibit B – Project Site Plan xxxiv
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 61 of 110
Pavilion Lease Exhibit “C” – Floor Load Rating Specifications xxxv
EXHIBIT “C”
FLOOR LOAD RATING SPECIFICATIONS
The stringerless load ratings in the following InterfaceAR TecCrete Panel specifications sheet
apply to the Pavilion floor.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 62 of 110
Pavilion Lease Exhibit “C” – Floor Load Rating Specifications xxxvi
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 63 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule
EXHIBIT “D”
MAINTENANCE SCHEDULE
Lessee shall provide all equipment and cleaning supplies, including, but not limited to: paper
products (toilet paper, seat covers, sanitary napkins/tampons, paper towels), sani-fresh soap,
air fresheners, and light bulbs. Lessee shall submit samples of all materials and supplies to the
City for approval before use.
I.CUSTODIAL
General Building Specifications
A.Daily Services (if building occupied):
1.Empty waste receptacles and dispose of waste daily and recycling 1-2 times per
week.
2.Replace liners.
3.Spot clean work surfaces for spillages and stains.
4.Arrange furniture in a neat and orderly manner.
5.Vacuum all carpeted areas and spot clean as needed.
6.Spot clean walls around light switches and doorframes.
7.Sweep and damp mop hard surface floors where applicable.
8.Clean entry area and entry area windows and doors.
B.Weekly Service
1.Dust window ledges and other horizontal surfaces within reach.
2.Dust and clean accessible surfaces. Use glass cleaner where applicable.
3.Change light bulbs as needed, (to be provided by contracted firm).
4.All telephones to be sanitized clean including public pay phone.
C.Monthly Services:
1.Vacuum heating and air return vents.
2.Detail vacuum corners and edges of carpeted areas.
3.Perform dusting of high and low ledges and surfaces.
4.Walls to be spot cleaned and dusted.
Restrooms Specifications
A.Daily Services (if building occupied or restrooms utilized)
1.Dust mop and sweep floor surface.
2.Damp mop floor surfaces with pH neutral disinfectant cleaner.
3.Empty and clean all waste containers, including sanitary napkin receptacles, and
replace liners.
4.Check and refill all dispensers; paper towels, toilet tissue, seat covers and hand soap.
(All paper products, hand soap and air fresheners furnished by Lessee.)
5.Clean and polish mirrors and dispensers.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 64 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule
6.Clean counters, washbasins and soap dispensers.
7.Clean and sanitize toilets, toilet seats and urinals.
8.Clean and polish chrome fixtures.
9.Clean walls around sinks, towel dispensers, urinals, partitions and doorframes.
10.Change light bulbs as needed.
11.Fill sanitary napkin/tampon dispensers.
B.Monthly Services
1.Wipe down walls not done daily.
2.Vacuum air vents.
3.Machine scrub floors.
4.Dust tops of partitions, mirrors and frames.
C.Annual Services (once per year)
1.Re-seal concrete floors, unless the floor is carpeted or the existing seal is deemed
adequate by Lessor.
Common Area Lobbies/Hallways Specifications
A.Daily Service (if building occupied)
1.Empty and reline waste receptacles (interior and exterior).
2.Spot clean entry door glass.
3.Sanitize and polish drinking fountain.
4.Vacuum carpeted areas in lobbies daily and spot clean as needed.
5.Police and dispose of litter and debris in entranceways.
6.Change light bulbs as needed, (to be supplied by Lessee).
B.Annual Service (once per year)
1.Extraction clean all carpeted areas.
2.Carpet-protector application to cleaned carpet.
3.Vinyl floors stripped and waxed.
II.MECHANICAL
See the following schedules.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 65 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule
TAG #EQUIPMENT TYPE DESCRIPTION PREVENTATIVE MAINTENANCESCHEDULE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
P-01 Hot Water Pump Heating Water Pump OP OP OP
P-02 Hot Water Pump Heating Water Pump OP OP OP
P-03 Pump Circulation Domestic Recirculation Pump OP OP OP
P-04 Chilled Water Pump Chilled Water Pump OP OP OP
P-05 Condenser Water Pump Condenser Water Pump OP OP OP
P-06 Pump Preheat Coil Pump OP OP OP
P-07 Pump Preheat Coil Pump OP OP OP
EXT-01 Expansion Tank Bladder Expansion Tank OP OP OP
EXT-03 Expansion Tank Bladder Expansion Tank OP OP OP
EXT-04 Expansion Tank Bladder Expansion Tank OP OP OP
EXT-05 Expansion Tank Bladder Expansion Tank OP OP OP
B-01 Boiler Gas Oil Condensing Fire Tube Boiler AN
DHWT-01 Water Heater Water Heater AN
HX-01 Heat Exchanger Plate Heat Exchanger AN
HX-02 Heat Exchanger Plate Heat Exchanger AN
TAG #EQUIPMENT TYPE DESCRIPTION PREVENTATIVE MAINTENANCE SCHEDULE
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Pavilion Lease Exhibit “D” – Maintenance Schedule xl
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECEF-01 Exhaust Fan Exhaust Fan OP OP OP EF-02 Exhaust Fan Exhaust Fan OP OP OP
EF-03 Exhaust Fan Exhaust Fan OP OP OP
EF-04 Exhaust Fan Exhaust Fan OP OP OP
EF-05 Exhaust Fan Exhaust Fan OP OP OP
UH-01 Heater Unit Heater AN
UH-02 Heater Unit Heater AN
UH-03 Heater Unit Heater AN
UH-04 Heater Unit Heater AN
UH-05 Heater Unit Heater AN
UH-06 Heater Unit Heater AN
UH-07 Heater Unit Heater OP OP OP
UH-08 Heater Unit Heater OP OP OP
EH-01 Heater Unit Heater OP OP
BB-01 Heater Unit Heater OP OP
PRC-01 Heating Coil Heating Coil OP OP
PRC-02 Heating Coil Heating Coil OP OP
CH-01 Chiller Chiller AN OP OP
CT-01 Cooling Tower Cooling Tower AN OP OP
TAG #EQUIPMENT TYPE DESCRIPTION PREVENTATIVE MAINTENANCE SCHEDULE
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Pavilion Lease Exhibit “D” – Maintenance Schedule xli
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECFB-01 VAV Box VAV Box Fan Powered OP OP OP FB-02 VAV Box VAV Box Fan Powered OP OP OP
FB-03 VAV Box VAV Box Fan Powered OP OP OP
FB-04 VAV Box VAV Box Fan Powered OP OP OP
FB-05 VAV Box VAV Box Fan Powered OP OP OP
FB-06 VAV Box VAV Box Fan Powered OP OP OP
FB-07 VAV Box VAV Box Fan Powered OP OP OP
FB-08 VAV Box VAV Box Fan Powered OP OP OP
FB-09 VAV Box VAV Box Fan Powered OP OP OP
AHU-01 Air Handler Air Handling Unit OP OP OP
AHU-02 Air Handler Air Handling Unit OP OP OP
SF-01-1 Supply Fan Supply Fan OP OP OP
RF-01-1 Return Fan Return Fan OP OP OP
SF-02-1 Supply Fan Supply Fan OP OP OP
RF-02-1 Return Fan Return Fan OP OP OP
ST-01 Strainer 0 AN
VFD-01 Variable Frequency Drive Variable Frequency Drive OP OP OP
VFD-02 Variable Frequency Drive Variable Frequency Drive OP OP OP
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Pavilion Lease Exhibit “D” – Maintenance Schedule xlii
Preventative Maintenance Schedule - Key to Abbreviations
Abbreviations Full Description
MI Minor Inspection
AN Annual Inspection
OP Operational Inspection
FC Filter Change Only
CC Coil Cleaning
BC Belt Change
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 69 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule xliii
Chiller Scroll – Water Cooled
Minor Inspection
Preventative Maintenance Task List*
Site Visit Baseline
§Check for safe equipment access
§Isolate equipment & lock out
§Document work done during inspection
Operational Inspection
§Verify operation
§Document performance & deficiencies
Performance
§Record runtime and start counts
§Check and record evaporator pressure
§Check and record evaporator water temps.
§Check and record chilled water temps.
§Check and record condenser pressure
§Check and record condenser temperatures
Condition Monitoring
§Check for improper vibration
Safeties
§Check pressure switches for leaks
§Check pressure relief valves
Electrical
§Check for loose or burnt wiring
§Check all electrical connections
Controls
§Exercise controls where possible
§Check cabinets for debris
Drive Motors
§Check all hold down bolts
§Check motor fan
§Check end bells for dirt or debris
Drive Components
§Check sheaves for wear and alignment
§Check long coupling alignment
§Lube coupling as needed
§Check coupling for looseness or wear
§Check drive belt for wear
Evaporator
§Check for leaks
§Record pressures/temperatures
§Check expansion valve
Compressor
§Check and record oil pressure
§Check and record oil level
§Check for leaks
§Inspect siteglass for leaks
Lubrication
§Lube motor bearings as required
§Lube solid coupling as required
Housekeeping
§Wipe off excess lubricants
§Clean up work area
Optional Tasks
* Not all tasks are applicable to all equipment
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 70 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule xliv
Fan Supply
Minor Inspection
Preventative Maintenance Task List*
Site Visit Baseline
§Check for safe equipment access
§Isolate equipment & lock out
§Document work done during inspection
Operational Inspection
§Verify operation of unit
§Note any abnormal vibration or noise
Safeties
§Check for loose or burnt wiring
Controls
§Check all terminations in control panel
Drive Motor
§Check for dirt & debris around end bell
§Check motor cooling fan
§Check motor mounting fasteners
§Check bearings for wear and end play
§Check motor mounting bracket
Drive Components
§Check sheaves for wear
Fan
§Check for correct fan rotation during wind
down
§Check fan for obstructions or debris
§Check fan blades for cracks
§Check fan blades for dirt build-up
§Check fan to housing clearances
§Check rain guard
Lubrication
§Lubricate motor and fan bearing
General Maintenance
§Check for corrosion
Housekeeping
§Wipe off any excess lubricant
§Clean up work area
*Not all tasks are applicable to all equipment
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 71 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule xlv
Boiler Gas/Oil
Operational Inspection
Preventative Maintenance Task List*
Site Visit Baseline
§Check for safe equipment access
§Isolate equipment & lock out
§Document work done during inspection
Operational Overview
§Verify overall operation
§Check water level devices
§Check boiler pressure
§Check pressure relief valve
§Inspect sacrificial anode
§Perform blowdown
Electrical
§Check operating voltage
§Check Hi Temp/Hi Pressure cutout
§Check function of step controller
§Check fuses and their blocks
§Check wiring
§Take amperage readings
Plumbing
§Visually inspect for water leaks
§Visually inspect valves
§Clean feedwater strainers
§Check sightglasses
Gas
§Check for gas leaks
§Check flame quality and orifices
§Check ignition operation
§Check for soot
§Assure fuel shutoff
§Check gas pressure regulator
§Check induced draft operation
§Check blower static pressure
*Not all tasks are applicable to all equipment
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 72 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule xlvi
Water Heater Gas
Operational Inspection
Preventative Maintenance Task List
Site Visit Baseline
§Check for safe equipment access
§Isolate equipment & lock out
§Document work done during inspection
Operational Inspection
§Verify overall operation
Performance
§Drain several gallons from tank to remove
sediment
§Check water temperature
Safeties
§Check for loose or burnt wiring
§Check trip all trip points
Electrical
§Check electrical contacts for wear & pitting
§Check and tighten electrical connections
Burner
§Check ignition system
§Check burners
§Check flame quality
§Check for CO traces
§Check flue
Thermostat
§Check operation with amp meter
Pressure Relief Valve
§Check valve operation
§Check for leaks
§Check for corrosion
General Maintenance
§Check for water leaks
§Check for corrosion
Operational Tasks
§Check sacrificial anode
§Check pressure relief valve
*Not all tasks are applicable to all equipment
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 73 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule xlvii
Air Handler with Coils
Minor Inspection
Preventative Maintenance Task List*
Site Visit Baseline
§Check for safe equipment access
§Isolate equipment & lock out
§Document work done during inspection
Operational Overview
§Note current outside air temp and
weather conditions
§Verify overall operation
§Note any abnormal vibration or noise
Indoor Coils
§Note cleanliness of coil
§Check for refrigerant leaks
§Check for condensate pan and drain
§Check for water leaks
Controls
§Check all terminations in control panel
Economizer Section
§Check for dirt accumulation
Return Fan Section
§Inspect bearings for excessive wear and
end play
§Number and size of belts
§Inspect fan blade
§Verify proper operation of fans
§Lubricate fan and motor
Supply Fan Section
§Inspect bearings for excessive wear and
end play
§Number and size of belts
§Inspect fan blade
§Verify proper operation of fans
§Lubricate fan and motor
Exhaust Fan Section
§Inspect bearings for excessive wear and
end play
§Number and size of belts
§Inspect Fan blade
§Verify proper operating of fans
§Lubricate fan and motor
Filter Section
§Note filter condition
§Change filters per schedule
§Note condition of outside air
filters/screens
*Not all tasks are applicable to all equipment
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 74 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks xlviii
Miscellaneous Inspection
Preventative Maintenance Task List
Six-Month Inspection and Preventative Maintenance
*Roll Up Doors
Annual Inspection and Preventative Maintenance
*Storefront and standard access doors, hardware and locking mechanisms
*Roof system
Annual Inspection
*Backflow prevention value
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 75 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks xlix
Miscellaneous Inspection
Preventative Maintenance Task List
PAVILLION DESCRIPTION LOCATION MANUFACTURER/MODEL
EF-1 EXHAUST FAN WEST STORAGE ROOM GREENHECK/SE1-8-426-D-1
ANNUAL Check operation clean fan and housing
lubricate motor if required. Print states
wall mount.
EF-2 EXHAUST FAN WEST BATHROOM BCF-106-4
ANNUAL Check operation manual, states belt
driven check V Belt lubricate fan motor
1/4 Hp. Required, clean fan and
housing. Serves West washroom.
EF-3 EXHAUST FAN EAST BATHROOM BCF-106-4
ANNUAL Check operation manual, states belt
driven check V Belt lubricate fan motor
1/4 Hp. Required, clean fan and
housing. Serves East washroom.
EF-4 EXHAUST FAN EAST STORAGE ROOM GREENHECK/SE1-8-426-D-1
ANNUAL Check operation, clean fan and housing
lubricate motor if required. Print states
wall mount.
EF-5 EXHAUST FAN ELECTRICAL ROOM/
CHILLER GREENHECK/SE1-8-426-D-1
ANNUAL Check operation clean fan and housing
lubricate motor if required. Print states
wall mount.
UH-1 UNIT HEATER BOILER ROOM ENGINEERED AIR/ H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-2 UNIT HEATER WEST STORAGE AREA ENGINEERED AIR/ H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-3 UNIT HEATER EAST STORAGE AREA ENGINEERED AIR/ H3
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-4 UNIT HEATER CHILLER ROOM ENGINEERED AIR/ H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-5 UNIT HEATER MAIN AREA ENGINEERED AIR/ H7
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-6 UNIT HEATER MAIN AREA ENGINEERED AIR/ H7
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 76 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks l
Miscellaneous Inspection
Preventative Maintenance Task List
UH-7 UNIT HEATER WEST FAN ROOM ENGINEERED AIR/ H11
4month Change air filters 2ea [20x20x1] and
2ea [16x20x1] on 4 month or required
by building usage to be determined.
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-8 UNIT HEATER EAST FAN ROOM ENGINEERED AIR/ H11
4month Change air filters 2ea [20x20x1] and
2ea [16x20x1] on 4 month or required
by building usage to be determined.
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
FB-1 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-2 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-3 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-4 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 77 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks li
Miscellaneous Inspection
Preventative Maintenance Task List
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-5 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-6 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-7 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-8 FAN BOX MAIN AREA NAILOR / D38SW
4month Change air filter [10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
EH-1 ENTRANCE HEATER BACK ENTRANCE ENGINEERED AIR/ CUH2
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 78 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks lii
Miscellaneous Inspection
Preventative Maintenance Task List
4month Inspect pumps for cleanliness, clean
exterior surface only, Remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-3 DOMESTIC HOT WATER RECIRC BOILER ROOM TACO/ 5
4month Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-4 WEST PREHEAT RECIRC WEST FAN ROOM TACO/ 112
4month Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-5 EAST PREHEAT RECIRC EAST FAN ROOM TACO/ 112
4month Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
B-1 BOILER/CONDENSING FIRE TUBE BOILER ROOM AERCO/KC-1000
6month See Maintenance Manual pages 7-1
to7-6,Inspect spark igniter, inspect
Flame Detector
ANNUAL See Maintenance Manual pages 7-1
to7-6 Replace Spark igniter Replace
Flame detector
DHWT-1 HOT WATER TANK/GAS FIRED BOILER ROOM A.O.SMITH/ FPSH-75
6month Lubricate blower motor every 6
months per maintenance manual.
ANNUAL See Maintenance Manual pages 14
&15 flush tank to help prevent
sediment inspect flueway for
cleanliness, clean as required
AHU-1 AIRHANDLER UNIT WEST FAN ROOM
4month Check Operation change all air filters ,
to include intake air filter , Lubricate
fan bearings and Motor if required,
Check v Belts and fan Check coil
surface clean as necessary See O&M
pages OM-5 to OM-13
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 79 of 110
Pavilion Lease Exhibit “D” – Maintenance Schedule/Tasks liii
Miscellaneous Inspection
Preventative Maintenance Task List
ANNUAL Check Operation change all air filters,
to include intake air filter, Lubricate fan
bearings and Motor if required, Check
v Belts and fan sleeves Check coil
surface and clean as necessary See
O&M pages OM-5 to OM-13 Check
Glycol freeze point on air intake coils.
AHU-2 AIRHANDLER UNIT EAST FAN ROOM
4month Check Operation change all air filters ,
to include intake air filter , Lubricate
fan bearings and Motor if required,
Check v Belts and fan Check coil
surface clean as necessary See O&M
pages OM-5 to OM-13
ANNUAL Check Operation change all air filters,
to include intake air filter, Lubricate fan
bearings and Motor if required, Check
v Belts and fan sleeves Check coil
surface and clean as necessary See
O&M pages OM-5 to OM-13 Check
Glycol freeze point on air intake coils.
CT-1 COOLING TOWER MEZZANINE LEVEL BALTIMORE AIR/VTL027-F
4month Check O&M maintenance Manuel
pages 6 threw 15 For full information.
Check float and strainer pan check
belts and lubricate fan and motor
bearings as required check sump
heater and heat tape. Verify that
chemical treatment is being done.
ANNUAL Check O&M maintenance Manuel
pages 6 threw 15 For full information.
Clean cooling tower , Check spray
nozzles, check float and strainer pan
install new filter over fan to clean
intake air, check belts and lubricate fan
and motor bearings check sump heater
and heat tape. ,
CH-1 MODULAR CHILLER CHILLER ROOM MULTISTACK/MS20C1H1W
3month Daily Log sheet is needed when chiller
is running copy in O&M Manuel, check
operation of mechanical equipment.
ANNUAL SEE OPERATION AND MAINTENANCE
MANUAL FOR MULTISTACK for
complete information needed. Check
Contactors and tighten all electrical
connections, CLEAN ALL STRAINERS,
check operation, auto blow down, and
check oil level while unit is running.
5c. ‐ Community Services Department recommends approval of a new
five‐year lease in the amount of $1,000 per month with Rain City Page 80 of 110
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Agreement for Construction Services with Puget
Sound Energy (PSE) for the Rainier Ave S (SR 167)
– S Grady Way to S 2nd St Project (TIP #3)
Meeting:
Regular Council - 26 Mar 2012
Exhibits:
Issue Paper
Agreement for Construction Services
2012-2017 TIP #3
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Derek Akesson, Project Manager, extension 7337
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $891,000 Transfer Amendment: $
Amount Budgeted: $ $891,000 Revenue Generated: $$891,000
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City’s construction contract for the Rainier Ave S (SR 167) – S Grady Way to S 2nd St Project (TIP #3)
includes relocation of existing Puget Sound Energy (PSE) facilities. The City’s contractor will install new
conduit and vaults for PSE. PSE will install new underground power lines, transformers and gas lines. Per
the Franchise Agreement, PSE will reimburse the City for the cost to relocate all PSE facilities located
within the street right-of-way (ROW) (prior to ROW acquisition). The Agreement for Construction
Services defines this reimbursement process for the work performed by the City’s contractor.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Agreement for Construction Services with Puget
Sound Energy for relocation of PSE facilities for the Rainier Ave S (SR 167) – S Grady Way to S 2nd St
Project (TIP #3).
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 81 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 82 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 83 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 84 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 85 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 86 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 87 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 88 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 89 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 90 of 110
5d. ‐ Transportation Systems Division recommends approval of an
Agreement for Construction Services in the amount of $891,000 with Page 91 of 110
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Facility Relocation Agreement with Puget Sound
Energy (PSE) for the Rainier Ave S (SR 167) – S
Grady Way to S 2nd St Project (TIP #3)
Meeting:
Regular Council - 26 Mar 2012
Exhibits:
Issue Paper
Facility Relocation Agreement
2012-2017 TIP #3
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Derek Akesson, Project Manager, Extension 7337
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $186,000 Transfer Amendment: $
Amount Budgeted: $ $17,103,571 Revenue Generated: $
Total Project Budget: $ $42,804,841 City Share Total Project: $
SUMMARY OF ACTION:
The City’s construction contract for the Rainier Ave S (SR 167) – S Grady Way to S 2nd St Project (TIP #3)
includes relocation of existing Puget Sound Energy (PSE) facilities. The City’s contractor will install new
conduit and vaults for PSE. PSE will install new underground power lines, transformers and gas lines. For
those PSE facilities located within existing PSE easements (extinguished by the right-of-way acquisition
for the project), the City is required to reimburse PSE for relocation expenses, per the Franchise
Agreement. The Facility Relocation Agreement defines this reimbursement process for the work
performed by PSE work crews, at these specific locations.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Facility Relocation Agreement with Puget Sound
Energy for relocation of PSE facilities for the Rainier Ave S (SR 167) – S Grady Way to S 2nd St Project
(TIP #3).
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 92 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 93 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 94 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 95 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 96 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 97 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 98 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 99 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 100 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 101 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 102 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 103 of 110
5e. ‐ Transportation Systems Division recommends approval of a Facility
Relocation Agreement in the amount of $186,000 with Puget Sound Page 104 of 110
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Amendment No. 2 to FY2011 Municipal
Stormwater Capacity Grant Agreement No.
G1100089 with the Washington State Department
of Ecology (CAG-10-129)
Meeting:
Regular Council - 26 Mar 2012
Exhibits:
Issue Paper
Amendment No. 2 to Grant Agreement No.
G1100089
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ron Straka, x7248
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $50,000 (2012/2013) Transfer Amendment: $NA
Amount Budgeted: $ NA Revenue Generated: $$50,000 (2012-2013)
Total Project Budget: $ NA City Share Total Project: $ NA
SUMMARY OF ACTION:
The FY2011 Municipal Stormwater Capacity Grant Agreement No. G1100089 with the Washington State
Department of Ecology was approved by Council on September 20, 2010, in the amount of $297,940, to
assist with the implementation requirements of the NPDES Phase II Municipal Stormwater permit. With
Amendment No. 2, the City of Renton is eligible to receive an additional $50,000 in non-matching grant
funding from the Department of Ecology for the FY2012 funding cycle. Surface water activities eligible
for this grant funding include the implementation of the illicit discharge, detection and elimination
program, municipal operations pollution prevention activities, flow control facilities inspections, public
education program, and a monitoring plan. The additional grant funds would be distributed into the
following NPDES permit budgets: $30,000 NPDES Storm System Mapping activities (427.475455) and
$20,000 Office/Operating Supplies – NPDES (407.000000.018.538.32.31.010). This grant does not
require the local government to match and is 100 percent funded by the Department of Ecology.
Amendment No. 2 also extends the grant expiration date from June 30, 2012 to June 30, 2013, and
revises Task 2 in the Scope of Work to clarify qualified equipment to include a special purpose truck to
be used solely for stormwater permit required activities.
STAFF RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign Amendment No. 2 to FY2011 Municipal
Stormwater Capacity Grant Agreement No. G1100089. The amendments to the Surface Water Utility 407
and 427 fund revenue and expenditure budgets for the Ecology FY2012 Municipal Stormwater Capacity
Grant funding will be included in the City’s quarterly budget amendment ordinance, which is prepared
by the Finance Division.
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 105 of 110
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:March 15, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Public Works Administrator
STAFF CONTACT:Ron Straka, Surface Water Engineering Supervisor, x7248
SUBJECT:Amendment No. 2 to FY2011 Municipal Stormwater Capacity
Grant Agreement No. G1100089 with the Washington State
Department of Ecology (CAG-10-129)
ISSUE:
Should the City of Renton agree to Amendment No. 2 to FY2011 Ecology Capacity Grant
Agreement No. G1100089 to increase the budget by $50,000 (in non-matching grant
funds), extend the expiration date of the grant agreement to June 30, 2013, and revise
Task 2 in the Scope of Work to assist with implementing the Phase II Municipal
Stormwater National Pollutant Discharge Elimination System permit?
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign Amendment No. 2 to FY2011
Municipal Stormwater Capacity Grant Agreement No. G1100089. The amendments to
the Surface Water Utility 407 and 427 fund revenue and expenditure budgets for the
Ecology FY2012 Municipal Stormwater Capacity Grant funding will be included in the
City’s quarterly budget amendment ordinance, which is prepared by the Finance
Division.
BACKGROUND:
The $297,940 capacity grant agreement with the Department of Ecology was approved
by Council on September 20, 2010. The grant assists the Surface Water Utility and the
City to implement the requirements associated with the new Phase II Municipal
Stormwater National Pollutant Discharge Elimination System permit. Surface water
activities eligible for this grant funding include the implementation of the illicit
discharge, detection and elimination program, municipal operations pollution
prevention activities, flow control facilities inspections, public education program, and a
monitoring plan.
Amendment No. 2 awards an additional $50,000 in grant funds (increasing the grant
total to $347,940) to the City of Renton under Ecology’s Municipal Stormwater Capacity
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 106 of 110
Mr. Rich Zwicker, Council President
Page 2 of 2
March 15, 2012
H:\File Sys\SWA - Surface Water Section Administration\SWA 30 - NPDES Programs\5000 Grants\FY2011 Muni SW
Capacity Grant\Amendment 2 - Additional $50k\Issue Paper - FY2011 Capacity Grant AMENDMENT 2.doc\EMtp
Grant project. The grant is provided from an $8.9 million appropriation by the
Legislature in the 2012-13 Operating Budget from the Local Toxic Control account. The
award of these additional funds was made possible by the appropriation of additional
funds through the state Legislature. This grant does not require the local government to
match and is 100 percent funded by the Washington State Department of Ecology.
Amendment No. 2 also extends the grant expiration date from June 30, 2012 to
June 30, 2013, and revises Task 2 in the Scope of Work to clarify qualified equipment to
include a special purpose truck to be used solely for stormwater permit required
activities.
The additional $50,000 grant would fund intern support for NPDES program activities
including the private stormwater facility inspection program and stormwater mapping
activities, and small tools and supplies for NPDES program activities related to public
education and involvement activities. The grant funds would be distributed into the
following NPDES permit activity budgets: $30,000 NPDES Storm Mapping activities
(427.475455.018.595.38.63.000) and $20,000 Office/Operating Supplies – NPDES
(407.000000.018.538.32.31.010).
The amendments to the Surface Water Utility 407 and 427 fund revenue and
expenditure budgets for the Ecology FY2012 Municipal Stormwater Capacity Grant
funding will be included in the City’s quarterly budget amendment ordinance, which is
prepared by the Finance Division.
CONCLUSION:
Amendment No. 2 to the non-matching grant with the Washington State Department of
Ecology, increasing the award by $50,000 to a total grant of $347,940, extending the
expiration date to June 30, 2013, and clarifying equipment cost reimbursement, would
assist the City in complying with the federal NPDES permit.
cc: Lys Hornsby, Utility Systems Director
Edward Mulhern, Surface Water Utility Engineer
JoAnn Wykpisz, PW Principal Admin and Fin Analyst
File
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 107 of 110
AMENDMENT NO. 2
TO GRANT AGREEMENT NO. G1100089
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
PURPOSE: To amend the above-referenced grant agreement between the Department of
Ecology [DEPARTMENT] and City of Renton [RECIPIENT] for the Municipal Stormwater
Capacity Grant Project. This amendment is needed to increase budget for Phase II community
NPDES Permit Activities by $50,000, extend the expiration date of the grant agreement, and
revise Task 2 in the Scope of Work.
IT IS MUTUALLY AGREED that the grant agreement is amended as follows:
PART I. GENERAL INFORMATION
1. The general information shall be modified as follows:
a. The expiration date is extended from June 30, 2012 to June 30, 2013.
PART IV. PROJECT BUDGET
1. The project budget shall be modified as followed:
Current Budget Revised Budget
Element Cost Element Cost
Element No.
Task 1 – Project Administration/Management (limited to 10%
of total) $ 0 $ 0
Task 2 – Implementation and management of Stormwater
Program $ 228,706 $ 278,706
Task 3 – LID Planning and Design $ 69,234 $ 69,234
Project Totals $ 297,940 $ 347,940
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 108 of 110
City of Renton
Amendment to Grant Agreement G1100089
Page 2
PART V. SCOPE OF WORK
Task 2 – Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT will address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
The following will be deleted:
Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use
(such as a general use pick-up truck). Qualified equipment purchases include but are
not limited to:
1. Illicit discharge testing equipment and materials;
2. Vactor truck or sweeper truck or MS4 maintenance activities;
3. Electronic devices dedicated to mapping of MS4 facilities and attributes;
4. Software dedicated to tracking permit implementation activities.
The following will be added:
Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use
(such as a general use pick-up truck). Qualified equipment purchases include but are
not limited to:
1. Illicit discharge testing equipment and materials.
2. Vactor truck or sweeper truck or MS4 maintenance activities.
3. Electronic devices dedicated to mapping of MS4 facilities and attributes.
4. Software dedicated to tracking permit implementation activities.
5. Special purpose truck to be used solely for stormwater permit required activities.
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 109 of 110
City of Renton
Amendment to Grant Agreement G1100089
Page 3
FURTHER, this amendment shall be effective upon the date of signature by the Water Quality
Program Manager of the DEPARTMENT.
Except as expressly provided by this amendment, all other terms and conditions of the original
grant agreement and all amendments remain in full force and effect.
IN WITNESS WHEREOF: the parties have signed this amendment.
STATE OF WASHINGTON CITY OF RENTON
DEPARTMENT OF ECOLOGY
_____________________________________ ____________________________________
KELLY SUSEWIND, P.E., P.G. DATE DENIS LAW DATE
WATER QUALITY PROGRAM MANAGER MAYOR
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
5f. ‐ Utility Systems Division recommends approval of Amendment #2 to
CAG‐10‐129, grant agreement with the Washington State Department of
Page 110 of 110