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Home My WebLink AboutCouncil 08/04/2008 AGENDA RENTON CITY COUNCIL • REGULAR MEETING August 4, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Farmers Market Week-August 3 to 9, 2008 4. PUBLIC MEETING WITH THE INITIATOR: Shamrock Annexation- 10%Notice of Intent to annex petition for 123.69 acres located generally south of NE 10th St. and east of Jericho Pl. NE 5. ADMINISTRATIVE REPORT 6. 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 address for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. • 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 7/14/2008. Council concur. b. Approval of Council meeting minutes of 7/21/2008. Council concur. c. Court Case filed on behalf of Robert E. Johnson,by Foster Pepper, PLLC, adding the City of Renton to an uncontested partition action. Refer to City Attorney and Insurance Services. d. City Clerk reports appeal of Hearing Examiner's letter regarding jurisdiction for the Nicholson Light Trespass Appeal (AAD-08-059)by Brad Nicholson, accompanied by required fee. Refer to Planning&Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record,the Hearing Examiner's report, the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.). e. City Clerk reports appeal of Hearing Examiner's decision regarding the Sunset Highlands Mixed Use Application (SA-08-028)by ADF Properties, LLC, represented by Brett Lindsay, Jon Graves Architects &Planners, PLLC, accompanied by required fee. Refer to Planning& Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner's report,the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.). f. City Clerk reports bid opening on 7/22/2008 for CAG-08-102, Mt. Olivet & South Talbot Reservoir Recoating project, nine bids; engineer's estimate$141,264; and submits staff recommendation to award the contract to low bidder, Scott Coatings, LLC, in the amount of $62,378.52. Council concur. • g. City Clerk reports bid opening on 7/23/2008 for CAG-08-101, SR 900 (NE Sunset Blvd.) and Hoquiam Ave. NE Traffic Signal project, six bids; engineer's estimate$281,848.68; and submits staff recommendation to award the contract to low bidder, Construct Co., in the amount of $275,596. Council concur. (CONTINUED ON REVERSE SIDE) I h. City Clerk reports bid opening on 7/30/2008 for CAG-08-074, 2008 Street Overlay with Curb Ramps project, five bids; engineer's estimate $1,192,176.29; and submits staff recommendation to award the contract to low bidder, Western Asphalt, Inc., in the amount of$1,074,888.94. • Council concur. i. Community Services Department recommends approval of a contract in the amount of$243,249 with JGM Landscape for landscape architectural design for the Ron Regis Park, Phase II project. Council concur. j. Community Services Department recommends approval of an addendum to CAG-08-036, agreement with Heery International, Inc., in the amount of$156,008 for additional City Hall space planning and move management services necessitated by the Benson Hill Communities annexation. Refer to Finance Committee. k. Community and Economic Development Department submits 10%Notice of Intent to annex petition for the proposed Earlington Annexation and recommends a public meeting be set on 8/18/2008 to consider the petition; 100.81 acres located west of Hardie Ave. SW, north of S. 124th St. Council concur. 1. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way along Hoquiam Ave. NE and NE 3rd St. to fulfill a requirement of the Lee Short Plat(SHP-08-052). Council concur. m. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way between Harrington Ave.NE and Index Pl. NE at NE 7th St. to fulfill a requirement of the JKH Pacific Short Plat(SHP-08-008). Council concur. n. Finance and Information Services Department recommends approval to return$19,346.43 to Fortuna, LLC, dba Treasure Casino and Restaurant, and write off$107,595.96 as uncollectible bad debt due to the business filing Chapter 7 bankruptcy. Refer to Finance Committee. o. Fire and Emergency Services Department requests authorization to convert a Secretary I position to an Emergency Management Coordinator position. Refer to Finance Committee. p. Human Resources Department recommends approval of the reclassification of positions affecting three departments, and classification of one new position in the Public Works Depaitnient. Refer to Finance Committee. S q. Transportation Systems Division recommends approval of a five-year ground and building lease with AcuWings, LLC for the 760 leased area located at the Airport. Council concur. r. Utility Systems Division recommends approval of an agreement in the amount of$128,162 with HDR Engineering, Inc. for the Water Distribution System Storage Study and requests approval to transfer$40,000 from the Water Main Replacement project to the Reservoirs and Pump Stations project to cover contract costs. Refer to Utilities Committee. 8. 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. Finance Committee: Vouchers 9. RESOLUTIONS AND ORDINANCES 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT • (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) • 7th Floor Conferencing Center 6 p.m. Emerging Issues in Community& Economic Development • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM • • CITY OF RENTON -/-' Denis Law, Mayor P r W herea4; Washington's growers make an essential contribution to our local communities and to the well-being of our citizens; and Wherea4; the Renton Farmers Market is in its seventh year of operation, open each Tuesday during the summer from 3:00 to 7:00 p.m. in Renton's beautiful downtown Piazza Park; and Wherea4; the Renton Farmers Market is dedicated to supporting Washington's family farms and to providing opportunities for the citizens of Renton and surrounding communities to meet local producers and gain access to the bounty of Washington-grown products in all their diversity, fresh from the family farm; and Whereat,, the Renton Farmers Market benefits local businesses by attracting hundreds of potential patrons each week; and W herea ', the congenial atmosphere of the Renton Farmers Market appeals to citizens of all • ages and ethnic backgrounds, creates a positive social experience, and provides nutritional and economic benefits; No-w, rherefore; I, Denis Law, Mayor of the City of Renton,do hereby proclaim the week of August 3 through 9, 2008,to be: F ' 4ccrket1'Ve,e,k' in the City of Renton, and I urge all citizens to join me in recognizing the many benefits of our local farmers market. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 4th day of August, 2008. I 13 ' 'F exit ' - 4Y,to ..,. Dents Law < i GLS !s; +- , _' 0, ` i , � - - Mayor of the City of Renton, Washington � = r., ? ter...- • ��5-,�t fi. .Y � 17jy, „,,,,: i , I __________,,,,k.„„ _______ - - 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523 �' I r g A-1E UP T1:Y CURVE al T 1s 720E contains 50%recycled maieria! 0%post consumer g-s/ O 00 0 ‘1•Nrv0 SHAMROCK ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS August 4, 2008 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Shamrock Annexation area representing more than 10% of the area's $69,040,500 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on June 30, 2008. The annexation site is roughly located at the northeastern portion of the existing City limits; south of NE 10th St, east of Jericho P1 NE, and with 148th Avenue SE intersecting the area. It • abuts the existing City boundary on three sides and the urban growth boundary to the east. The 123.69-acre site is located in the City's Potential Annexation Area and is designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning, which allows up to six units per gross acre. It is likely the City will zone the area R-4, four units per net acre, consistent with the RLD land use designation if the Council authorizes circulation of a 60% Direct Petition to annex, applicants are successful in getting sufficient signatures, and Council decides to accept it. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject, or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. • 1 1111111fi pg amPIIIII i In 1111 ° :._ Oil 411111 111 it/ ':!,',A,.:,''':'!2::•,'i'!':,1-::-1,,,-,•.''''':'-::':1'j .:-.-j ';!•„: :1• ,!''r ',t1711111 :,',7 %, ,i A., - „::. , .. �N '. \ T-"✓+'tai , :+. 1111- .•:.:.:.,:. .. • , ,,,.. „ ,,, ,,,,, ... • .„, - ::, . - •,-;•-•,,,,- 1:,,, . f.,,,„ in` , ,,, . . , 14.*)iii Sit', ITE Alla H VW NE ran m 11 IN m Alia ( .. ,, tills lam sir,;•:-707,0111111 W4'''tMEk lit.),11111.., 0 iillirig IP ,. Aitinr.a‘,.;.,,,_-..,,,,>;,.. ..' ' ? -' t......-11.11plk ''''''.4 Iliiiinill*W11111111.14.1[11/ !4•Iii1111 . -., , e II 41i-it-•-. ,-,-..3„. :.V.:"....1.<.iirlF.,,K .4"cs,,,......1.?..r.....W1-7.1.4.ke.41.--imThfii°4-‘45ARolkil‘'' 'Nt _ .:, e ,2,....:.. .,,, . :, mom iiiiisakiireimillt...11 r„! T' ":MIIi1J -!J 6 � ti mo� ■. s i.. itimici Economic Development, Legend Shamrock Annexation '-11--v Neighborhoods and MI Man Growth Boundary r,:il Strategic Planning E•lCity Limits '"` Alex Plets ch,Ad ministrator Adriana Johnson.Planning Technician I Parcels Fe bruary 25.2008 r+ 0 150 370 800 Pradlcad ,4Ryot it,, Pet :,�C,I.tt 11ot File Name:1-1-,.ED NSP\GISpr oleds%ann aAorr\ Feet 1, ,, Y'?r-:as alit zleltr .rio Sant ,a oat,'oat,';ort sharer r.'r( annex are el[thiti'ishant roan r:log Olt lot en ihl t Oo'r tritye,ime:z Of _ 11 1:4.800 -ee rt at tb ev.a-r:rn i,nr,ti r r-raru ct. ann ._a rea_.hib't':1"Ni • I f t• -:\../1 "1 '° -„,..n Location L �, City of Renton I Public Meeting -----'s-k, ... `__ •°� �> IPS ` �s�a _IPF[=' i ; = 111111111 August 4, 2008 ' n _ I-' lit �� ;twits _ E �t„ _ _ -07** ;;1' Shamrock Annexation Shamrock =` :,- 10%Notice of Intent AAnnexation Area "H'rr: E `�_:' max. '_ —e til 'howl,'ii�YNai fief-Igi�_ I i - Vis. Existing Conditions � - ii e lf•• ., '''t..71-.?, PAA: Within Renton's Potential Annexation Area 04►� }�' a • Location: South of NE 10th Street,east of Jericho as* ` � - t ,r ung,,: '..P-..4', Place NE,and west of the Urban Growth Boundary tit z �:. :' Riv- t , _ L ks • Size: +123.69 acres,including street ROW 4�, ' � ,P I r i', 0' • Uses: 142 single-family dwellings -t Ts� L t-' '+ .'" t'# 411)* • Boundaries: Annexation site abuts Renton on its [- 's=`_W° — i, southern,western,and northern boundaries. PRI s- .. „ rig D*i� r' f::e.P :'t< ri . I l or.4 :" li�� i '� : Eastern boundary is generally the Urban Growth l _$ :�,. � n Boundary i c'�""S'.1�ra;,ts.r rPrac`- p�i s 9e..m n ss°Y'-.�Tr :.= 04 ® Existing Conditions - Uses ' xisting Conditions - Topography ,..tri.-,..i.-,.' A. -a • Land Use-Single Family ' •_ ' ,Y- _ il • 142 existing dwellings •Steep Slopes %.,..6:13::1,_yrs r�L,'‘,...la� ' ; 150 vested projects . ' ' •Vacant parcels :`: -5 __ - ' it r —[ 63 ( v 33 P 7144 j"-.t[ .. ts%a��%% ,xy��r'w ruG t1111111 e....:.,.-`34,x. 0 a'- EM>40%g<= % F }�[ ._.- xisting Conditions —Environmentajl fisting Conditions—Public Services i , • Fire h 1 ' '`' i -, , •Renton Fire and Emergency T^ 00. •Wetlands `.. t t Services and Eastside Fire and 4;e x Rescue 10. Tf - ,, (Renton Fire will serve) "„ -- , • Utilities 4! : ,. j L, � ?,- * i. ' •Water District 90 Service Area + / (no change) in i •Renton Sewer Utility Service Area 10 - • (no change) 1 t = - . • Schools • a « , � _ •Issaquah School District s" ` ,�:.' Jf i, (no• (no change) ' ;i. M. King Co. Comp Plan Designation ® King Co. Zoning KC Land Use17 a- I-, 1 C Zoning i ? f _a: Designation -----11 K — , ,1 •Residential 4 •Urban Residential du/acre(R-4) i', 4—12 du/acre ` —rr: „ k.--,,, t S H:,.. --: 71r,,,,I--,':'..:',7,:-:,''::::',.,:.,!, v e ��—•N4!,, 'Y:s1r $_( ', -' F� . - is :. .L- - :i ' 1-410.-r 4 .li z rif1 r cT ? ; .y W0.'-' Renton Comp Planp . Renton Zoning i . ' 3 possible zones with Residential Low • • Renton Comp '' Plan '' ;'" . �r-,i Density Comp Plan Designation: Designation =' --. - • 1 dwelling unit per 10 acres-(Resource W 1•• i, tfr Conservation) • Residential Low �`, Density -I • 1 dwelling unit per acre-(R-1) '=' v I •4 dwelling units per acre-(R-4) i J�ry[3�{� ,.; •Likely Renton zoning: •:e .L'S 45 . `(, I 1 0 Relevant City Annexation 0 Relevant Boundary Review O.. NO. Policies /'' Board Objectives g • Policy LU-378. The City should encourage the Or • Preservation of natural . C annexation of all territory within its PAA as depicted neighborhoods and IQo77 Change on the City's adopted land use map. communities • Policy LU-380. Immediate areas for annexation U4es]IYg hfignliengidnrli and •should include territory contiguous to the City such as:O. Use of physical UhPaW rLtlhndary developed areas where urban services are needed to boundariesary correct degradation of natural resources. Stlerider$eaathbonddtdes • Creation and preservation 11100,. • Policy LU-386. Promote annexations which would of logical service areas ppaewuslil}1ggaedd4A5y include residents who already use City services or dilibadtgs impact City infrastructure. • Prevention of abnormally BUlUllRWit}hlr3Hlt §aRiS�BJGB GB 0 Relevant Boundary Review Fiscal Impact Analysis Board Objectives i0► 11 >tuutilj'ali>e. �no •General Fund cost and revenue implications- Dissolution of inactive llilmle inedtiaetipecsg§giatpmspose • Assumptions: special purpose districts dlithlints • 142 single-family dwellings currently •Adjustment of impractical ]lei tt taitylliniMttattln •±150 vested and+62 additional single-family boundaries 110 n Growth Boundary homes at full development Incorporata 410ion as cities or k •New assessed home value of$500,000 • towns or annexations to Altexattinnat aiisiinCity's 11.- cities or towns of cGitisailedigitatedrl$ gush . unincorporated area which i issucbait ismibandter are urban in character character 0 Fiscal Impact Analysis Comments • City staff representing City functions reviewed the proposed annexation. Current Full • Surface water noted that due to identified environmental Development Development concerns,future development should be required to meet at least 2005 King County Surface Water Design Manual Assessed Value $69,040,500 $173,000,000 standards. Revenues $233,539 $648,711 • Transportation systems noted that existing roadways do Costs $219,561 $546,219 not necessarily meet City of Renton standards,street Surplus/Deficit $13,978 $102,491 upgrades will occur at the expense of new development. • All departments indicated that the proposed annexation represents a logical extension of their services and no concerns were expressed. 4 • Conclusion 0 Recommendation • The best interests and general welfare of OP" •The Administration recommends that Council: City are served by this annexation •Accept the 10%Notice of Intent Petition for the Shamrock Annexation,and • Furthers City Business Goals by ensuring higher 1. quality development and the efficient provision of so. •Authorize circulation of a 60%Direct Petition to Annex urban services (assessed value method)specifying that: • Consistent with City annexation policies •Signers support future zoning consistent with the City's '47. • Consistent with Boundary Review Board criteria Comprehensive Plan land use designation for area,and •Signers will not be required to assume their proportional • Small annual revenue surplus predicted at existing 410. share of the City's existing outstanding indebtedness. development and larger surplus at full development g � Pik (cY 1101.- �N�O �ti` Y O� ADMINISTRATIVE, JUDICIAL, AND „- ® + LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: August 4, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council FROM: Denis Law, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • August 3 through 9 is Washington State Farmers Market Week, so come to the Renton Farmers Market on Tuesday, August 5, from 3:00 p.m. to 7:00 p.m. to celebrate! There will be food, a raffle, and ideas on how to "go green" in your daily life. Bring your own reusable bag to the market and enter the drawing for fabulous Farmers Market prizes. • The City of Renton is hosting"National Night Out"on Tuesday, August 5, from 4:00 p.m. to 7:30 p.m. at the Cascade Plaza Shopping Center, located at 17060 116th Ave SE. There will be food, games, and fun party hoppers for kids. • On Thursday, August 7, the Talbot Hill and Victoria Hills Neighborhood Associations will hold their annual combined picnic from 6:00 p.m. to 8:30 p.m.at the Talbot Hill Reservoir, 701 South 19th St. Residents are encouraged to bring their favorite pot luck dish and attend the picnic to get to know their neighbors and meet City representatives. CITY OF RENTON COUNCIL AGENDA BILL AI#: 7, to Submitting Data: For Agenda of: • Dept/Div/Board.. AJLS/City Clerk August 4, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-08-007; Court Case Correspondence.. Robert E. Johnson v. Jane J. Sagaysay, City of Ordinance Renton, et al Resolution Old Business Exhibits: New Business Summons and Seconded Amended Complaint for Study Sessions Partition of Real Property Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUNIMARY OF ACTION: • Summons and Second Amended Complaint for Partition of Real Property filed in King County Superior Court by Foster Pepper, PLLC, 1111 Third Ave., Ste. 3400, Seattle, 98101-3299, on behalf of Robert E. Johnson, adding the City of Renton to an uncontested partition action. 410 r CITY OF RENTON 1 • J U L 2 1 2000 2 RECEIVED CITY CLERK'S OFFICE 3 02:00".m• 4 5 6 7 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY 8 ROBERT E. JOHNSON, No. 06-2-22777-8 KNT 9 Plaintiff, SUMMONS 10 v. 11 JANE J. SAGAYSAY; EVERHOME MORTGAGE COMPANY, a foreign 12 corporation; KING COUNTY, a Washington municipal corporation; CITY OF RENTON, a 13 Washington municipal corporation; and HYDE PARK, a Washington nonprofit corporation, 4 Defendants. 5 TO THE ABOVE-NAMED DEFENDANTS: 16 A lawsuit has been started against you in the above-entitled court by the above-named 17 Plaintiff. Plaintiffs claim is stated in the Second Amended Complaint for Partition of Real 18 Property, a copy of which is served upon you with this summons. 19 In order to defend against this lawsuit, you must respond to this complaint by stating your 20 defense in writing, and serve a copy upon the undersigned attorney for the Plaintiff within 20 21 days after the service of this Summons, excluding the day of service or a default judgment may 22 be entered against you without notice. A default judgment is one where Plaintiff is entitled to 23 what it asks for because you have not responded. If you serve a notice of appearance on the 24 undersigned attorney, you are entitled to notice before a default judgment may be entered. 25 26 . SUMMONS - 1 copyFOSTER PEPPER PLLC 1111 THIRD AVENUE,SUITE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAX(206)447-9700 50696107 1 I 2 I ' I 1 If the Summons and Complaint hav6 not yet been filed with the Court you may demand • 2 that they be filed. Such demand must be in writing and served on the undersigned attorney. 3 Upon such demand, the Plaintiff must file the Summons and Complaint within 14 days or the 4 service of this Summons on you will be void. If you wish to retain an attorney in this matter you 5 should do so promptly to ensure that your rights are protected. 6 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State 7 of Washington. it- 8 DATED this f6 day of July, 2008. 9 FOSTER PEPPER PLLC 10 11 Christopher R. Osborne, WSBA No. 13608 12 Edmund W. Robb, WSBA No. 35948 Attorneys for Plaintiff Johnson 13 14 • 5 16 17 18 19 20 21 22 23 24 25 26 SUMMONS -2 FOSTER PEPPER PLLC • 1111 THIRD AVENUE,SUITE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAx(206)447-9700 50696107.1 1 • RECEIVED 2 2000 JUL 17 PM 3: 28 3 KINC COUNT 'T UPG,'!Oa COURT Cl Ear SEATTLE, WA 4 5 6 7 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY 8 ROBERT E. JOHNSON, Honorable Deborah Fleck 9 Plaintiff, No. 06-2-22777-8KNT 10 v. SECOND AMENDED COMPLAINT FOR PARTITION OF REAL PROPERTY 11 JANE J. SAGAYSAY; EVERHOME MORTGAGE COMPANY, a foreign 12 cororation; KING COUNTY, a Washington municipal corporation; CITY OF RENTON, a 13 Washington municipal corporation; and HYDE PARK, a Washington nonprofit corproation, 110 4 Defendants. 15 COMES NOW the Plaintiff, Robert E. Johnson, and states the following: 16 I. PARTIES 17 1. Plaintiff. Plaintiff Robert E. Johnson is a single man and a resident of Honolulu, 18 Hawaii. 19 2. Defendant. Defendant Jane J. Sagaysay is a single woman and a resident of 20 Honolulu, Hawaii. 21 3. Defendant. Defendant EverHome Mortgage Company has a deed of trust 22 recorded against the real property at issue to secure a mortgage. 23 4, Defendant. Defendant King County, Washington is a municipal corporation of 24 the State of Washington which collects real property taxes for property located within its 25 jurisdiction. 26 1111 SECOND AMENDED COMPLAINT FOR FOSTER PEPPER PLLC PARTITION OF REAL PROPERTY- I Coflu THIRD AVENUE,SUITE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAX(206)447-9700 50925571.1 1 5. Defendant. Defendant City,of Renton is a municipal corporation of the State of • 2 Washington which may collect taxes out of the sale proceeds of real property within its 3 jurisdiction. 4 6. Defendant. Defendant Hyde Park is an unincorporated condominium association 5 for the building where the condominium at issue in this action is located. 6 II. JURISICTION AND VENUE 7 3. This Court has jurisdiction over this matter and venue is proper pursuant to 8 RCW 4.12.010. 1 9 III. PROPERTY 10 4. The property that is the subject of this complaint is a condominium located at 11 2300 Jefferson NE, #A201, Renton, Washington 98056 (the "Condominium"), which is legally 12 described as: 13 UNIT 201, BUILDING A, OF HYDE PARK, A CONDOMINIUM, ACCORDING TO DECLARATION THEREOF RECORDED UNDER KING • 14 COUNTY RECORDING NO. 9510311117, AND ANY AMENDMENT(S) THERETO: SAID UNIT IS LOCATED ON SURVEY MAP AND PLANS 15 FILED IN VOLUME 128 OF CONDOMINIUMS, AT PAGES 79 THROUGH 84, IN KING COUNTY, WASHINGTON. 16 IV. FACTS 17 5. On or about March 29, 1 X99. Mr. Johnson and Ms. Sagaysay purchased the 18 Condominium together as tenants in common. The parties obtained a mortgage in the amount of 19 $85,150.00 from Seattle Mortgage Company, and executed a Deed of Trust therefore on March 20 29, 1999. That Deed of Trust is recorded in the King County Auditor's file number 9904011826, 21 and was later transferred to Defendant EyerHome. Mr. Johnson contributed $60,000.00 as a 22 down payment. Ms. Sagaysay did not contribute any funds to the down payment. 23 i 6. The parties purchased the ( ondominium with the intent to move to Seattle and 24 live in the Condominium together, but they ended their relationship before doing so. Mr. 25 26 • SECOND AMENDED COMPLAINT FOR FOSTER PEPPER PLLC PARTITION OF REAL PROPERTY-2 1111 THIRD AVENUE,SUITE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAX(206)447-9700 I 50925571.1 E r I 1 Johnson and Ms. Sagaysay were not married at the time they purchased the condominium, and • 2 have never been married. 3 7. Since the parties' interests diverged, Mr. Johnson has repeatedly expressed his 4 desire to terminate the tenancy in common in a manner that is fair to both parties. However, Ms. 5 Sagaysay has made no effort to reach such an agreement with Mr. Johnson. Ms. Sagaysay has 6 also failed to contribute to the ownership costs, including the mortgage payments, the real estate 7 taxes, and the association dues for the Condominium. Mr. Johnson therefore has no choice but 8 to seek a sale of the Condominium through partition. 9 V. CAUSE OF ACTION: PARTITION OF REAL PROPERTY • 10 8. Mr. Johnson incorporates and realleges the foregoing paragraphs as if fully 11 alleged herein. 12 9. Mr. Johnson owns the Condominium as a tenant in common with Ms. Sagasay, 13 and is entitled to have the property partitioned by the Court pursuant to RCW 7.52. .14 10. The Condominium cannot be partitioned in kind without great prejudice to the 15 owners. Therefore, Mr. Johnson is entitled to have the property sold at public auction and to 16 have the net proceeds divided equally between him and Ms. Sagasay after the mortgage, taxes 17 and any remaining condominium dues are completely paid, and after Mr. Johnson is reimbursed 18 for his unequal contribution to the costs of owning the Condominium. 19 VI. PRAYER FOR RELIEF 20 Having fully set forth his claim for relief against the Defendant, Mr. Johnson respectfully 21 requests the Court to grant the following relief: 22 1. An order, under RCW 7.52, selling the Condominium, and equally dividing the 23 sale proceeds after all liens are satisfied and after the parties are reimbursed for their respective 24 investments in the condominium; 25 2. Judgment for Mr. Johnson's attorneys' fees to the full extent provided by law; 26 • SECOND AMENDED COMPLAINT FOR FOSTER PEPPER PLLC PARTITION OF REAL PROPERTY-3 1111 THIRD AVENUE,SurrE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAX(206)447-9700 50925571.1 1 3. Such further relief as the Court deems just and equitable. • 2 DATED this 17h-day of July, 2008. 3 FOSTER PEPPER PLLC 4 5 07iC Christopher R. Osborne, WSBA No. 13608 6 Edmund W. Robb, WSBA No. 35948 Attorneys for Plaintiff Johnson 7 8 9 10 11 12 13 14 � • 15 16 17 18 19 20 21 22 23 24 25 26 SECOND AMENDED COMPLAINT FOR FOSTER PEPPER PLLC • PARTITION OF REAL PROPERTY-4 1111 THIRD AVENUE,SUITE 3400 SEATTLE,WASHINGTON 98101-3299 PHONE(206)447-4400 FAX(206)447-9700 50925571.1 CITY OF RENTON COUNCIL AGENDA BILL • AI#: 7° de Submitting Data: For Agenda of: August 4, 2008 Dept/Div/Board: AJLS/City Clerk Staff Contact: Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing Appeal of Hearing Examiner's letter dated 6/16/2008 Correspondence regarding jurisdiction for the Nicholson Light Trespass Ordinance Appeal Resolution (File No. LUA-08-059, AAD) Old Business Exhibits: New Business • City Clerk's letter (7/25/2008) Study Sessions • Appeal to Council - Brad Nicholson(6/30/2008) Information • Request for Reconsideration(7/1/08) &response (7/10/08) • Appeal to Hearing Examiner (6/8/08) and response (6/16/08) Recommended Action:4, Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget .... City Share Total Project... SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the jurisdiction of the Nicholson Light Trespass Appeal filed on 6/30/2008 by Brad Nicholson, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Nicholson Light Trespass Appeal. cc: Jennifer Henning Larry Warren III Rentonnet/agnbill/ bh CITY OF RENTON ♦: `` ♦ City Clerk Denis Law,Mayor Bonnie I.Walton • JT . • July 25, 2008 APPEAL FILED BY: Brad Nicholson,2302 NE 28th Si., Renton, WA 98056 RE: Appeal of Hearing Examiner's letter dated-6/16/2008, regarding jurisdiction for appealing' - a 5/29/2008, Code Enforcement-decision. File No. LUA-08-059, AAD. To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the Hearing Examiner's decision regarding the.Nicholson Light Trespass Appeal has been filed with the City Clerk. In accordance with Renton Municipal,Code"Section 4-8=110F., the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positionson the appeal only'within ten (10)days of the date of Mailing of the notification of the filing`of the appeal. The deadline forsubmission of additional letters to the' City Clerk office is 5:00 pm, Monday; August 4, 2008. • - NOTICE IS HEREBY GIVEN that the written appeals and other pertinent documents will be reviewed by the Council's:Planning and Development Committee at 3:00 p.m. on Thursday, - August 21, 2008, in the 7th.floor Council-Chambers of`Renton City Hall, 1055 South Grady Way, Renton, 98057. This Council Committee meeting is open to the public, however, it is not a - public hearing. It is a working session of the Planning.&Development Committee. No new testimony or evidence.will be taken. However,the parties are expected to attend and be prepared to explain why the Council.Committee should uphold or overturn the decision of the Hearing - Examiner. The recommendation of the Coriimittee.will be presented.for consideration by the full Council at a subsequent Council meeting: Attached is a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based_upon the written,record previously established. Unless a showing can be made that additional-evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter willbe accepted by the City Council. For additional information or assistance,please feel freeto call. Sincerely, Bonnie I. Walton City Clerk/Cable Manager Attachment 1055 South Grady Way Renton;Washington 98057-(425)430-65.10/FAX(425)430-6516 1 ` . 1 O lv AHEAD OF THE CURVE - :�a This paper contains 50%recycled material,30%post consumer • Nicholson Light Trespass Appeal LUA-08-059, AAD Parties of Record: Brad Nicholson 2302 NE 28th Street Renton, WA 98056 Ronald Bergman 2811 Dayton Avenue NE Renton, WA 98056 • • ma c V OF RENON APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION JUN 3 0 2008 CITYRECEVED CLERKS OFFICE APPLICATION NAME f. /� ; i I �-r 6171i FILE NO. OThe undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated /' , 20 O E 1. IDENTIFICATION OF PARTY APPELREPRESENTATIVE (IF ANY): Name: SZofLq /01/6 //C Zo l fC9zvt' Name: Address: 13 CJ z 4)E 29 T# J Address: /Qen i 6U/4- . QerOd-� Phone Number: 2 fLV.C-- 06S 2 Phone Number: Email: e)/"e"2-7Ca A ev/ii4 Qi�, 64,___„;4Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted/ in the Examiner's Report) No. / Error: ,/'T/ 1y' f a gim//t/S1`<'�/�/U gees/ g/�i fkc� �j e_ ct pp e1/eq0 //vc/ic i,e, i '6erns O!/y� Correction: G4/y e c k rem- f O e/�t.4orc D r • Conclusions: No. / Error: 'L/'1/�' Miti%e efiQti qdmin ' r , Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: (/ Modify the decision or recommendation as follows: !/ ! Remand to the Examiner for further consideration as follows: Other: 6' ren A- /?!1 y r{ AQP> / - ‘ -3o-D8( Appellan ' es resentative Signature Type/Printed Name Date NOTE: Please refer to Title IV,Chapter of the Rent�o.n/ 4`� Mcipal Code,and Section 4-8-110F, for specific appeal procedures. c c : �.,y u/�r/PH, C�fy /7y; /lei/i 4 773., Del/f✓c /�l�� rlc , I� 5 �� City of Renton Municipal Code;Title IV,Chapter 8, Section 110—Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) • 4-8-110F: Appeals to City Council —Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the • date of the Examiner's written report. 2. Notice to Parties of Record: Within five1(5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional • evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's teport, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to P,MC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recolrunendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding'shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision 11111 of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) • BRAD NICHOLSON 2302 N.E. 28`"Street Renton, Washington 98056 brad827@hotmail.corn (425)445-0658 June 30,2008 City Council Renton City Hall—7th Floor 1055 South Grady Way Renton,Washington 98056 Re: Appeal of Hearing Examiner Decision dated June 16,2008 Dear City Council, I have been having problems with an unreasonable light trespass that is interfering with the enjoyment of my property and have been trying to get someone from the City to properly interpret the code and address my concerns. Neil Watts did not return my telephone call. I have a wife and an infant that are very disturbed by some very inconsiderate light trespassing behaviors and even after I stated that I would pay for the corrections there has been nothing done about it. The neighbor would suffer no monetary or environmental impacts, and has no reason to illuminate my bedroom,bathroom,family room, and dining room. • I appealed the Jennifer Henning interpretation to the Hearing Examiner in a timely manner and he refused jurisdiction over the matter based upon an error that it was only for the police and code enforcement in Renton Municipal Court. The code gives the Examiner the jurisdiction to review any administrative decision made regarding building and development regulations and directs the Director to enforce remedies with regard to light trespass. Because of another error, I received notice of his decision just over an hour before the expiration of the appeal period for his decision. His office did not send his decision to the correct address. Notwithstanding, I re- allege the substance of the original appeal, and appeal the examiners decision dated June 16, 2008 as being clearly erroneous. It is my hope that you will be able to provide some assistance in this matter so that the provisions with respect to 4-4-075 can be given effect. Brad Nicholson Ii f • �f C� TR_ENTON Hearing Examiner Denis Law,Mayor Fred J.Kaufman CITY OF RENTON JUL 1 1 2008 July 10, 2008 RECEIVED CITY CLERK'S OFFICE Mr.Brad Nicholson 2302 NE 28th Street Renton, WA 98056 Re: RMC 4-8-110(A.)(2.)Appeal of Code'Enforcement Officer's May 29, 2008 Administrative decision to ignore the code and give permit to trespass. Dear Mr. Nicholson: This office has reviewed your request for rc consideration. The decision you are attempting to appeal is not one based on the issuance of i permit. Section 4-4-075(D) provides the basis for the interpretation and issuance of permits: "During development permit review, the Responsible Official shall determine compliance with the provisions of this Section. Conditions of approval may be applied to achieve compliance. Ther Development Services Division Director or 411 designee shall enforce the provisions of this Section." No permit review is taking place nor has ore occurred within the reasonable past that would give rise to an appeal in this matter. As the original letter of this office indicated this is now a code enforcement issue and this office has no jurisdiction in this matter. This office will note that you have filed a s(parate appeal of this matter to the City Council. That body will be able to consider your case basad on existing laws and regulations. If this office can be of any further assistance,please feel free to write. Sincerely, Fred J.Kaufman Hearing Examiner City of Renton cc: Denis Law,Mayor Jay Covington, CAO Lawrence Warren, City Attorney Bonnie Walton, City Clerk • Neil Watts, Director Development Services Jennifer Henning, Development Services 1055 South Grady Way-Renton,Washingtpn 98057-(425)430-6515 RE N1 ON AHEAD OF THE CURVE. Trns paper contains 50 i,recycled matenaL 30%nnst ronci imor I • BRAD NIC OLSO 2302 N.E. 28"Street Renton, Washington 98056 brad827@hotmail.corn (425)445-0658 July 1, 2008 Mr. Fred Kaufman Hearing Examiner Renton City Hall—7th Floor 1055 South Grady Way Renton,Washington 98056 RE: Request for reconsideration: Appeal of Administrative decision falling under the jurisdiction of RMC 4-8-110 E 1. J ( ) a. Mr. Hearing Examiner, I agree with you that criminal and tort type appeals are not properly before your office, there are other jurisdictions for taking such actions that have merit like this one does. However the City Council placed the regulations for remedy of.light trespasses in the City's development regulations and did not charge the police department with initiating enforcement of those regulations, they charged the Director of Development services to do it. I have witnessed all too often the Director, (or as in this case the apparent designee Jennifer Henning) making an instant decision and zeroes in on one word or phrase of the code and ignores everything else. • This is not quality decision making and my appeal is right on the money. Code interpretations should be made by reading the entire language leaving no provision absurd this is law. And by finding out what is wrong before a decision is made. Decisions like this give the opportunity to shed some light upon why I would be so critical of City decision making. The fact is that code enforcement officer informed me that they had deferred to Jennifer Henning for a construction of the code and a decision prior to being able to proceed with enforcement, and that subsequent decision was not to enforce the code because Ms. Henning had stated that the residential lights were decided to be "reasonable and not excessive" because they are "residential type lights" Jennifer Henning is a Principle Planner in the Development Services division of Renton and is evidently filling in for Neil Watts, I say this because he never returned my calls and Donna Locher identified Ms. Henning. The code states at 4-4-075 (B.) that "the standards of this section apply to remedy existing residential lighting" and directs us to 1-3-4 A.11.c. (21). That section of the code requires the Director to enforce when the lights are of"such an intensity so as to unreasonably interfere with the enjoyment by the abutting property" The word "shall" is used. Ms. Henning's interpretation being in error, caused confusion in that the code enforcement officer believed and deferred that the condition could not be'enforced as a nuisance because of her administrative construction was also reasonable. Ms. Locher may be correct in that because as I previously identified the code is clear that the Director is charged with the responsibility of initiating enforcement. There is a distinct difference in being able to grant absolute power to decide whether a certain residential light fixture is "reasonable" and allow it and/or whether it is "of such an intensity to unreasonably interfere with the enjoyment by the abutting property" She thinks she has the power to decide without my having the ability to challenge because the burden placed on proving otherwise is so cumbersome.However that discretion is not available when there is no rational basis for the envelope of disturbing light. While reading the code it appears to be outright abuse to tell me IIIto "get some window blinds" The facts of this case are that there is absolutely no reason the offensive light cannot be remedied and still the interpretation decision gets to stand. It is not • Page 2 July 1,2008 necessary to have the lights shining also at my bedroom, there can be deflectors installed. I • had hoped for a finding that such a interpretation determination be considered to fall under the category of"any administrative decision" according to 4-8-110 (E.) 1. a. if it is error, abusive, and unreasonable or any or the criteria capable to reverse it. The code enforcement officer could then move forward with some kind of enforcement action like I originally asked the code enforcement officer to consider. The influence of the decision by Ms. Henning was just too much for the code enforcement department to overcome and that is why it is appropriate for your office to hold a hearing and make a decision on my appeal. Window blinds are not an appropriate remedy according to a reading of the code that gives effect to all provisions. My thinking is that if the Director designee had not made this decision we would have well already been able to resolve all of this appal and my concerns. However I question even my own thinking while I can see that there are Mill dandelions which I complained about along the edge of the property that are nearly up to 'my chest. Code enforcement can't figure out who owns that property yet. Perhaps you can clarify your decision so that the appeal when decided by the Council will have all of the facts. Had you actually heard the issues in a Hearing, you would have known that things like liability for the nuisance are moot because I have offered to pay for all of it just to improve my situation, and that I would have contended that under the code the permit for the light needs to be revoked if that is not acceptable to the neighbor to have me do the job of fixing it. I will still contend you are wrong if y ou decide this is a decision that does not involve an appeal of an administrative decision. I am sorry to say so because it leaves me quite disappointed in the City and give me no pleasure to say so. But I am a parent now and I have a 20 month old child that needs to sleep in the area of the house that is right directly across from the intensity next to our bedroom and he is complaining and I am complaining because of it and the fact that I cant see my backyard at night nor am I able to look out of the windows to see the night sky without a blare, something I enjoy doing. My wife is 100%agreeing with everything said here and suffers as I do. All this occurs because of a decision that a light fixture is"reasonable"by the director designee because it is a residential • type. The decision is wrong because there is no reason the lights can not be fixed so that they shine only on the other property. It can not i)e reasonable under such circumstances. In fact the neighbor set off his car alarm at night for about three weeks after I identified my concerns to him. You should have a video of it. This is all so very disturbing. I am sorry to appeal your decision before your having the opportunity to review the facts at a hearing but I only received your decision in the mail about an hour before the deadline to appeal because the address you had wrong so I appealed it to the City couicil. There appears to also be no reason why your office could not consider this letter a request for reconsideration, an action that would also be according to code. So it is, I request yoli reconsider your decision. My goal is to have administrative decision making that will debide in accordance with the code that the lights are capable to be deflected down and not into our bedroom windows and windows to our home and it is not reasonable to decide otherwise. I wanted to try to be courteous and pursue administrative remedies as a first resort. I ask that you consider what it might be like if you were in my situation and I were you when you consider this letter. How would you decide to respond then? Sincerely Brad Nicholson 1111 Note regarding CD, labeled Nicholson Evidence Exhibits June 8, submitted with the • appeal: • A list of the files contained on the CD is attached, which includes three photographs and a video. • Black and white copies of the photographs are attached. 110 • 1 • '-bACIS Hearing Examiner Denis Law,Mayor Fred J.Kaufman INTri June 16, 2008 Mr. Brad Nicholson 2302 NE 8th Street Renton, WA 98056 Re: RMC 4-8-110(A.)(2.)Appeal of Codi Enforcement Officer's May 29, 2008 Administrative decision to ignore the code and give permit to trespass. Dear Mr.Nicholson: This office has reviewed your letter of June 8,2008. This office has no jurisdiction in Code Enforcement matters. Those matters are handled by,Code Enforcement officers working in concert with the Police Depai linent. Any enforcement is then handled in Renton Municipal Court and not by this office. 4111 You might want to pursue private nuisance action if that is appropriate in this situation. If this office can be of any further assistance, please feel free to write. Sincerely, Fred J.Kaufman Hearing Examiner City of Renton cc: Denis Law,Mayor Jay Covington, CAO Lawrence Warren, City Attorney Bonnie Walton, City Clerk Neil Watts, Director Development Services Jennifer Henning,Development Services • 77. S 1055 South Grady Way-Renton,Washington 98057 -(425)430-6515 t IN1 .) IN _ aiAHEAD OF THE ct:RG E This paper contains 50Ao recycled materiel aft%nn¢t rnrcumar • BRAD NICHOLSON 2302 N.E. 28h Street Renton, Washington 98056 brad827@hotmail.corn (425)445-0658 s7Y,0FREN?ON 3 June 8,2008 d:c ,1i iiy � 9 7008 Mr.Fred Kaufman Hearing Examiner '_ �' Renton City Hall—7Floor C'T LEROFFICE 1055 South Grady Way Renton, Washington 98056 RE: RMC 4-8-110(A.)(2.) Appeal of Code Enforcement Officer's May 29, 2008 Administrative decision to ignore the code and give permit to trespass. Mr.Hearing Examiner, This appeal is timely, has standing, and is made upon the ground that the specific administrative decision under appeal is inconsistent with the code and constitutes error and abuse by the City Official responsible for the decision. My wife, child, and I are very disturbed by a willful continuing trespass violation that is taking place on our property. The City Enforcement Officer is refusing to do her job based upon a misinterpretation of the code that is, in addition to ignoring plain and unambiguous requirements, repugnant to its purpose. The misinterpretation of code was evidently performed by Jennifer Henning, and the decision was made by Donna Locher. Who is responsible really doesn't matter to us the decision itself . is what is at issue here. The code states at RMC 4-4-075 (D.): "The Development Services Division Director or designee shall enforce the provisions of this section". What we would appreciate is for the Director to simply require the perpetrators of a light trespass to comply by taking a few simple steps respecting the code by shielding the direct and intense lights. The decision that is at issue here, is the decision not to request or enforce the measure of shielding. Furthermore, all the above occurred without the City ever actually observing the unconscious behaviors that are, in addition to being plainly illegal, very disturbing behaviors we consider to be rude, inconsiderate, and disrespectful from one Ronald Bergman of 2811 Dayton Avenue in Renton'. The way we see it, the decision is very egregious considering the plain language and simple and inexpensive steps available that would alleviate our concerns. It is clear the neighbor is quite capable to take those steps and is aware of the violations,but refuses to make any efforts or action. This occurs while the Director Designee refuses to properly interpret the code'. It is damaging to the appearance of the City, a phrase I know the Examiner has reviewed in the past. In the follow up conversation I had on June 5, 2008 @ 11:30 a.m. relating to my complaint of May 29, 2008@2:00 p.m. with Donna Locher she stated that the lights are permissible in the opinion of the City because they are residential type lights. She recommended getting some window blinds and then closing them to block the offensive illumination that is disturbing my family. She stated that she and her co-workers made their decision based upon their own discretion because they have no other way to do it. She recommended that neighbors solve their problems on their own by talking it out, suggesting that I might convince the neighbors to turn the light off. She indicated that nobody from the City has ever visited the site at night. The neighbors are aware of the requirements of 4-4-075 RMC. • 2 I have provided digital photography of the activity as evidence,and attest that they are true and correct depictions of the illegal use. 3 During( my discussion with Ms.Locher It identified the specific code provisions that require action by the City. �CA .., us F _ CL-Nktau`"" l/v . L c t • Page 2 June 8,2008 The codes that are violated by the decision are contained 1-2-1 RMC and 4-4-075 RMC. One Ill part that we must use to reverse the decision not to act is contained in RMC 4-4-075 (F.) and states, "In any case, no use or activity shall cause light trespass beyond the boundaries of the property lines". State laws, cite, In re the disciplinary action against Arthur Blauvelt III, 115 Wn. 2d 735 as well as 1-2-1 RMC require the decisionmaker to use the ordinary dictionary meaning of"words" of the code with their true meaning according to its lain language when there is no specific definition provided. At issue here are the words "any, "shall' and "case" and the term "in any case" and can shed some light on the errors that have been made. The word"shall"is already defined by the code and should need to entertain no construction so we may turn to the words "any" and "case". In numerous dictionaries I have here on my shelves, the meaning of the word"any" is very clear. "any"is defined in those dictionaries as follows "one or some or every or al without specifications" and "one or some indiscriminately of whatever kind". Similarly, the word "case" is clearly defined as it is also in those same dictionary as follows, "a set of circumstances or conditions", and "the object of investigation or consideration"further, "a suit in law or equity". These definitions raise the issue that can resolve this case and it should be done in my favor- there is no need for any litigation at all.'Various arguments that can possibly arise may be winners or losers, for example such as rebuttals asserting claims of collateral estoppel, laches, collateral attacks on statements made, admissibility o f evidence or statements, hearings on technicalities as to form or content but they are all irrelevant and unnecessary here because light trespass is not allowed in "any case"In other words, violations are allowed for no set of conditions or circumstances the subject of consideration indiscriminate of whatever kind and without specification might be available, "in any case". I am also disturbed that the person or persons that made the decision did not attempt to observe the building lights or the disturbance that is taking place and instead determined that I should install and use some window blinds if I am disturbed. The interpretation could not be farther away from the code. The issue is the building light that is disturbing us. "Building" is defined in the code as being a dwelling or "any part thereof', see ordinance III 5221, 6-14-2006. Proving the decision is wrong is statement in RMC 4-4-075 (E.) 1. that"All building lights shall be directed onto the buildingitself or to the ground immediately abutting it." It is my firm belief that it is not nece.sary to provide a dictionary definition for the word "all" contained in the code. It is because the building lights are glaring directly into my bedroom,bathroom, dining area, as well as the family room and not directed at the building or ground like is supposed to be enforced in"any case". Even if the case is a loser of a case it is included in"any case"and therefore the lights need to be directed at the building and ground. I want to make clear I am not asking to abate or eliminate the rights of the neighbor or to tear down their lights or ability to enjoy security in their property as they please. I am merely asking that the substantial excess and unneeded envelope of intense projected light that disturbs our environment by illuminating those rooms and our privacy be eliminated by reasonable Director's/Designee enforcement of the code, as is required by the code . I am asking that the Director's interpretation and subsequent decision observe facts already found to be true by the City Council whereby trespass of this nature adversely affects the value, utility and habitability of my property and specifically is causing substantial damage to material elements of our environment and that habitability. We would like to enjoy the environment that is intended to be protected by the code. We are suffering injury in fact because of a bad decision. The decision must be reversed. Sincerely, t a..1 r/ Brld Nicholson • 4 I have attached a sketch of the condition. I 1 1 , , Chapter 11 0 DEFINITIONS , CHAPTER GUIDE: Definitions for terms used throughout this Title are primarily grouped in chapter 4-11 RMC. A few chapter-specific definitions can be found in individual chapters, but are cross-referenced here. , , This Chapter last amended by Ord. 5356, February 25, 2008. For the purpose of this Title, the following words, terms, phrases and their derivations shall have the meaning given herein, unless the context otherwise indicates. 4-11-010 DEFINITIONS A: LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting Regulations, RMC 4-4-075: A. Cutoff: The point at which all light rays emitted by a light source are completely eliminated (cut off) at a specific angle above the ground. B. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. C. Cutoff Type Luminaire: A unit of illumination with elements such as shields, reflectors, or , , 1 refractor panels that direct and cut off the light at a cut off angle less than ninety degrees (90°). ! III D. Light TrOp-a,a : The shining of light produced by a light source beyond the boundaries of the property on which it is located. I E. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts. 1 , \i , I I 1 r . F c / E,x. ilt i„.„.._ 1C--t / / /----,, .-, ,_, \--, /' r --„,„ -, ..-- .,. il / \ -,, ----.N.s. •1 \-, ..,— _________2_ -",, r”„ I_7-- II 11 i,i, cc-1-keSpe A- i ffl ' n I\ i 1 1 A 7'N I ...- t , k,\I• Qi I' ‘'.%?' 11 I, i 41.- i : .., ....„... J.Iv z t•ta;pa- -, 0 V- 4 v 0- "---,.. t‘ / 1i .....,.... 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K:, s.r..,r2 n..{ .,..• .. r.... <.,. .. rt. .t., ...,. 1 r,t 3' ,. <. >.. yr z:t' r! , , ',cnf,' r r. r , v ! :,....:. :4:,:::::i'..".••.'„::'. ..•:::',::: t).rJ ee: :Jv '' , Jni CITY OF RENTON COUNCIL AGENDA BILL 0 AI#: 4-7, e „ Submitting Data: For Agenda of: August 4, 2008 Dept/Div/Board: AJLS/City Clerk Staff Contact: Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing Correspondence Appeal of Hearing Examiner's decision dated July 7, 2008 Ordinance regarding Sunset Highlands Mixed Use; 4409 NE Sunset Blvd. Resolution Application. Old Business (File No. LUA-08-028 SA-H, CU-A, ECF) Exhibits: New Business • Appeal by ADF Properties (7/7/08) Study Sessions • City Clerk's letter (7/28/08) Information • Response to Request for Reconsideration (7/8/08) • Request for Reconsideration (6/30/08) • Hearing Examiners' Decision (6/24/08) Recommended Action: Approvals: ii• Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget .... City Share Total Project... SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Sunset Highlands Mixed Use at 4409 NE Sunset Blvd was filed on July 7, 2008 by Brett Lindsay c/o Jon Graves Architects & Planners, PLLC., Representative for ADF Properties, LLC, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Sunset Highlands Mixed Use Site Plan at 4409 NE Sunset Blvd appeal. cc: Jennifer Henning Larry Warren • Rentonnet/agnbill/ bh APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION PPLICATION NAME S k-ti v\Se+ 4 t 1 k ka_kkd S FILE NO. L-u 4"a "OSA W 7 S� The undersigned interested party hereby files its Notice of Appeal from the decision or recommencatiof the ., Land Use Hearing Examiner, dated J u ri€ L`4-{-to , 20 CA . JUL 0 7 2008 3;ion°01, 1. IDENTIFICATION OF PARTYc1-1�• CEI S�FFIGE APPELLANT: ii�� I , � REPRESENTATIVE (IF ANY)• '' Name: ftb' Poop evft'es lit- Name: 16dig Li.odSC.L (( Jovt VA&'PS ` icll)t'ci' Address: I O ��O r (slut `e - ec2bv1OVlc0 IBX; Address: ` I l C R l�S" t LA G` s),,,t to 1J A;1le t1: Wealyiv;R.e All; 1�( ; ,;�:4;4'.,; 4iYl`,4.:• lu(c z A- q-Li02 C_ Phone Number: , Z��`��" 3147 Phone Number: 2s-:3) Z72-t-(2714 Email: cf a l4c),nLc:,k S . Cc`\`A Email: l-ticSat ced 10 v los •( C'vvl J 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) •p\east'_ c< [ Lc\,„ec i No. Error: Correction: III Conclusions: No. Error: Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) (p �� `t u}-+ Coi, +�ovi�i U ? Reverse the decision or recommendation and grant the following relief: tie,. {- Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: ( C c,,,,cf-thc,k U l�e�vp''u�' Other: tk-t-1- li'LQ a b w z t C;oci lik.) J k‘'Ze „_,_, ,,,„_,„ APPIrc-kfc (L- lLT l/vc ./1 'V -,--,,,4-.2_, at- ,, ,s -7-`5 -C, Alppellant/Represetitative Signature Type/Printed NamDate NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-110F, for specific appeal procedures. CC-` L r r A' W a , � a j 1 F t/ }, -t1ie,v-5.,,a Fr' - ✓►-6,.,, IL,,,_,_,, `-� e .,,..-.-,., • City of Renton Municipal Code;Title IV, Chapter 8, Section 110—Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) • 4-8-110F: Appeals to City Council —Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen(14)calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the • absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new'or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner' report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant toy RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings ihnd conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision • of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) f;.: i f • The Hearing Examiner uses, in part, the City of Renton's Review Criteria of Site Plan Review and Conditional Use Permits to determine if this proposal is appropriate for the subject site and to the goals and objectives'of the City of Renton's Comprehensive Plan. We feel here that the Hearing Examiner hqs not appropriately used the Review Criteria, Renton Comprehensive Plan and/or the City of Renton Municipal Code to satisfy a denial of our requests. Conditional Use Permit Request for Height Increase It is our understanding that the City Staff and the Hearing Examiner agree on the following Review Criteria for Conditional Use Permits and are a non-issue: 2. Community Need 3. Effect on adjacent properties 4. Compatibility 5. Parking 6. Traffic 7. Noise 8. Landscaping • In the Commercial Arterial zone along the Sunset Blvd Business district, the height may be increased from 50' up to 60' upon approval of a Conditional Use Permit (RMC 4-2- 120A). Here, we have requested a building height increase of up to 55' 4" to allow for a stair tower/elevator shaft to provide safe access to and provide screening for roof top mechanical equipment. RMC 4-4-095E states that all operating equipment located on the roof of any building shall be enclosed so is to be screened from public view. According to this section, shielding may consist of roof wells, parapets, walls etc. The slight height increase also adds roof deviation which architecturally breaks down the scale of the building. This proposal adheres to the standards and guidelines provided in RMC 4-3- 100(I) Building Architectural Design for District B. The Hearing Examiner has denied the height increase for reasons that are not particularly clear. He calls the increase "unjustified", however acknowledges on page 8, response #8 that "the building would be only slightly taller than the permitted 50 feet so ultimately it probably would be compatible with the surrounding residential uses." We find no other reason in the Hearing Examiner's response for denial of this Cohditional Use Permit. We ask the Council Members to reverse the Hearing Examiner's decision and allow for a height increase of 5' 4". • C , • Conditional Use Permit for Attached Residential Dwellings to Create-a Mixed Use Building It is our understanding that the City Staff and the Hearing Examiner agree on the following Review Criteria for Conditional Use Permits and are a non-issue: 2. Community Need 3. Effect on adjacent properties 5. Parking 6. Traffic First and foremost, it has been determined that attached,residential dwellings are an outright permitted use in the Commercial Arterial zone subject to certain conditions under RMC 4-2-080A.18. The only condition that applies to this approval is that "residential units developed as part of a same building mixed-use project are allowed at a maximum of sixty (60) du/acre if the requirements for mixed use development in the Business District Overlay are met." Currently we are at 26 du/acre, and are within the S permitted range. The decision for approval was brought before the Hearing Examiner under an inaccurate interpretation of RMC 4-2-070K. Here, the use table has indicated that attached dwellings are permitted upon approval of a Conditional Use Permit subject to an Administrative Review (RMC 4-2-070K). However, we find 4-2-050C.7 states that "in the event of a conflict between RMC 4-2-060, the Master Use Zoning Table and any other individual zoning use tables, RMC 4-2-070A through 4-2-0705, the provisions of RMC 4-2-060 shall have priority. Therefore, this use is permitted and should not have been decided before Hearing Examiner. It is also our understanding that the Hearing Examiner has denied the request for a Conditional Use Permit for a Mixed Use building because he feels that the surroundings are too noisy to be an enjoyable residential situation. "Quietude", as the Hearing Examiner describes, is not part of the standard"criteria for a Conditional Use review and in this regard it is not always practical in an."urban"design environment. The very nature of a Mixed Use development blends commercial services and amenities with residential uses to promote a neighborhood feel. The Hearing Examiner also contends that the adjacent McDonalds would be a nuisance to the proposed residences. It should be noted again here that the Conditional Review Criteria does not ask for the opinion of the reviewing official to determine if the surrounding use may or may not be a nuisance on this site. In fact the Review Criteria asks if the subject site will have adverse affect on the surrounding property (RMC 4-9-030G). The Hearing Examiner concluded on page 8, response#7 that"it does not appear that the development of the site would have an 410 I ' • • adverse impact on the surrounding uses." it should further be noted that there were no letters of dissention submitted to City of Renton in regards to this project, and there were no members of the public that came to testify against the project at the Public Hearing. For this, the Hearing Examiner cannot presume to know what may or may not be a nuisance to the residents of the subject site. We ask that the Council Members reverse the Hearing Examiner's decision and allow for a Mixed Use building. Site Plan Approval It is our understanding that the City Staff and the Hearing Examiner agree on the following Review Criteria for Conditional Use Permits and are a non-issue: c. Effect on adjacent properties d. Mitigation of the impacts of the proposed site plan to the site e. Conservation of area-wide property values f. Safety and efficiency of vehicle and pedestrian circulation g. Provision of adequate light and air • h. Mitigation of noise, odors and other harmful or unhealthy conditions i. Availability of public services and facilities to accommodate the proposed use j. Prevention of neighborhood deterioration and blight. As the Hearing Examiner concedes, the Commercial Arterial zone suggests integrating residential uses with commercial. However, the Hearing Examiner has also g g suggested that this particular corridor is reserved for commercial, office and retail uses in the Renton's Comprehensive Plan. We have found no indication to suggest.that Renton's Comprehensive Plan for this area is reserved for purely commercial developments. In fact, to the contrary,the Comprehensive Plan describes this District as "unique due to the highly eclectic mix of commercial and rcsidential uses along its length (IX 63)." It further explains that these integrated uses are appropriate for that area and offer a gateway signal that the City of Renton is a diverse community (IX-63). The Hearing Examiner has also concluded that this proposal has not conformed to Building and Zoning Codes. While this proposal has appropriately requested exceptions to the code due to the limitation of our site, we have met all criteria and expectations of the specified Land Use designation. The purpose and intent of the Commercial Arterial Zone is to evolve from the strip commercial, linear building types that the Hearing Examiner has deemed more appropriate, and integrated a residential component to a permanent physical connection to commercial uses (RMC 4-2-020.L). • • • It has been determined by the hearing Examiner that the building would be pulled to right up to the street, when in reality the closest corner of the building is setback from the street edge by 17'2". The building and landscape reduction is appropriate for this area because we are providing visual interest for retail services and pedestrian access along a high traffic corridor. As is typical with many mixed use developments, especially in an urban setting, our proposal has reserved the ground level for retail/commercial uses and the upper levels for residential uses as directed by the Urban Design Standards and Guidelines for District B. We have also provided additional landscape strips along the • was required;side and rear of the property where none as well, there is an existing q , attractive wood-looking concrete fence to provide further buffering. Street Trees have been placed in the front of the building to provide exposure to the ground level commercial space while still providing some screening for the upper level residences. This proposal adheres to the Urban Design Guidelines 4-3-100H.1.(aii) and (ci) for Landscaping, "street trees are required and shall be located between the curb edge and building" and"front yards should be visible from the streetand visually contribute to the streetscape." As also indicated and illustrated in the Urban Design Guidelines 4-3-100E.7 for buildings with pedestrian oriented uses, this proposal provides street trees for retail/commercial exposure, pedestrian oriented facades with transparent storefronts and residential decking to provide weather protection. Furthermore, we have provided • architectural modulation, proposed quality building materials, and provided pedestrian amenities as directed by the Urban Design Guideline for District B (4-2-100I.1-5). We are certain that this proposal has met and/or exceeded the criteria for Site Plan Review and of the policies, objectives and guidelines of the Renton Municipal Code and Renton's Comprehensive Plan. We ask that the Council Members reverse the Hearing Examiner's decision:and approve the Proposed Site Plan. ,mli • 1 G R R < N S < O m JON GRAVES ARCHITECTS & PLANNERS, PITC 3110 RUSTON WRY, SUITE D TACOMR, WA 98402 TEL (253) 272-4214 FAX (253) 272-4218 , T . . . . , CITY OF- RENTON - - NY 0 's C. I 'e I City Clerk Denis Law,Mayor . ! 'Bonnie I.Walton Ah lir - i\r(v0 ../ - ' July 29, 2008 1 APPEAL FILED BY'. Brett Lindsay eo 'Jon Graves Architects & Planners, PLLC, Representatives for ADF Properties, LLC RE: Appeal of Hearing Examiner's decision dated June 24, 2008, regarding conditional use permit approval for the construction of a 4-story, 55-foot tall mixed-use building on.a 35,593 square foot site, known as Sunset Highlands Mixed Use; 4409 NE Sunset Blvd. (File No. LUA708-028 SA-H, CU-A;ECF) . 1 To Parties of Record: Pursuant to Title IV, Chapter 8, Renton city Code of Ordinances, written appeal of the hearing examiner's decision on the Sunset Highlands Mixed VSe Site Approval has been filed with the City Clerk. . In accordance with Renton Municipal Code Section 4-8410F, within five days of receipt of the notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions regarding the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of additional letters is by 5:00 p.m., Friday, August 8, 2008. ' 110 NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Deyelopment Committee at 3:00 p.m. on Thursday. August 21, 2008, in the Council Chambers,'7th Floor of Renton City Hall, 1055 South Grady ' Way, Renton, Washington 98057. The reeOgnmendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner decisions or recommendations is attached..Pleasenotethat the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Counbii. Foradditional information or assistance, please call me at 425-430-6510. Sincerely, . , 66-mui, 4 Zdal Bonnie I. Walton City Clerk . 1 Attachments III 1055 South Grady Way-Renton, Washington 98057 -(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE 0 This paper contains 53%recycled material,30%post consumer ti�Y � CITY (.: ._iF RENTON .. = .. ,�. ♦ Department of Community and „u Economic Development � - Denis Law,Mayor Alex Pietsch,Administrator. June 30, 2008 Fred Kaufman, Hearing Examiner City of Renton 1055 South•Grady Way Renton, WA 98057 SUBJECT: REQUEST FOR RECONSIDERATION — SUNSET HIGHLANDS. MIXED USE (FILE NO.LUA08-028,SA-H, CU-A,,ECF) . Dear Mr. Kaufman, We respectfully request reconsideration of the denial of the conditional use permits. included in the Decision for the Sunset Highlands Mixed Use project, dated June 24, 2008. Two Conditional .Use Permits were requestedin" order to: 1,) Permit the construction of attached residential units developed as part of a same-building mixed-use Sproject; and 2) To exceed the maximum height allowed within the Commercial Arterial (CA) zone. The decision of the Examiner, as.it relates to"the construction of attached residential units, was based on an inaccurate interpretation of the Renton Municipal Code (RMC). RMC 4-2-070K states that attached dwelling units in the CA zone are permitted with an Administrative Conditional Use Permitsubject to the additional requirements listed in RMC 4-2-080A.18. Where a use or development requires review under RMC 4-9-20.0, Site Plan Review, the Site Plan Review and Administrative Conditional Use Permit shall • be combined. Therefore, the Conditional Use Permit, for the construction'of attached residential units developed .as part of a same building mixed-use project, Was brought before the Hearing Examiner on.June 3, 2008. However: RMC'4-2-060, a conflicting code section, states that attached dwelling units are permitted outright within the CA zone subject to the additional requirements as listed in RMC 4.2-080A.18: "In the event of a conflict between RMC 4-2-060, the Master Zoning Use Table and any other individual zoning use tables,RMC 4-2-070A through 4-2-070S, the provisions of RMC 4- 2-060 shall have priority. " Therefore, attached residential uses 'are outright permitted and are determined to be fully appropriate within the CA zone. Accordingly, we are request that the Examiner consider the new evidence noted above and retract the denial of the conditional usepermit, to permit a mixed-use commercial and residential building.. We also believe the decision of the Examiner, as:it relates,to:excess height within the CA zone, was based on an error in judgment. The CA zone establishes a maximum"building • height of 50 feet for development located within this zone, but height may be increased to 1055 South Grady Way-Renton,Washington 98057 .REN .T O N �� - - AHEAD OF THE CURVE y,0 This paper contains 50%recycled material,30%post consumer 60 feet upon granting of a 'Conditional Use Permit. The proposed structure has been Al designed with a maximum height of 55 feet and 4 inches. The applicant proposes to exceed the 50 foot height limit by 5 feet and 4-inches for one element of the project, in order to screen mechanical equipment including the elevator shaft and stair tower for the building. No other portion of the building is proposed:to exceed the height limit. In •fact, RMC 4=4-095E states that all operating equipment • ,' located on the roof of any building shall be enclosed" so as to be screened from public _. view: The applicant has chosen to screen the mechanical equipment in a way that would contribute to the variation of roof heights and forms that are used to break down'the scale of the building: In addition, the applicant is proposing taller ceilings within the • residential .units than what is required by building code in order to .provide a more marketable unit. . If the denial of the Conditional Use Permit is upheld, the'proposal " would likely result in less marketable residential units. RMC 4-9-030A states that the purpose of a Conditional Use Permit is-to allow certain uses in :districts, from which they are! normally prohibited, when the use is deemed consistent with other existing andpotential uses within the general area of the proposed Use. The proposedmixed use building would be the tallest structure inthe immediate - vicinity, at least forthe time being. It is anticipated that-theimmediate areas-to the west, east, and south (also zoned.CA) are likely to change as, incremental redevelopment Occurs. Redevelopment could potentially result in structures :with a height of:50:feet surrounding the site. The 50-foot tall .structures would be outright permitted within the- CA zone and'only have a height difference of 5.feet and.4-inches from a portion of the proposed building. As mentioned icin Page 8 of the Decision:,by the .Examiner, "the ID: increase,(in height) is very modest". We.believe that the proposed height for the mixed use building would be compatible with the neighborhood when.taking into consideration the potential height of future projects in the general area which may also include other mixed-use,buildings. Therefore, we respectfully is request the Examiner re-evaluate his - denial of the Conditional Use Permit to allow a portion of the structure to exceed the maximum height allowed within the CA zone.. Please contact Rocale Timmons, Associate Planner, at (425) 430-7219 should you have. any questions regarding this letter. . • Sincerely, Jennifer Henning, Current Planning Manager. cc: Alexander Pietsch,CED Administrator Chip Vincent,Planning Director Neil Watts,Development Services Director Rocale Timmons,Associate Planner Contact Ow-tier • . Parties.of Record Yellow File. . ti�Y ® - IT UFN U ; _x, Hearing Examiner •\ rcO Denis Law,Mayor FredJ Kaufman July 8, 2008 Jennifer Henning Current Planning Manager City of Renton 1055 South Grady Way Renton, WA 98057 Re: Sunset Highlands Mixed Use, LUA 08-028, SA-H, CU-A, ECF Request for Reconsideration Dear Ms. Henning: g A request to reconsider the decision noted above was submitted by staff. Staff asked that this office take note of conflicts in Code language that could alter the decision. Staff originally determined that a Conditional Use Permit was required in the CA Zone to allow a building to contain a mix of commercial and attached residential uses and presented that issue to the Hearing Examiner. Apparently, staff believes it inaccurately interpreted code and that a Conditional Use Permit for the attached residential units in a mixed-use building is not required. The Examiner did not make that determination and reviewed`the permit as processed by staff. Staff now believes the proposed use is permitted without a Conditional Use Permit. • This office has reviewed those provisions. Those provisions do not require a change to the final decision-the Site Plan is inappropriate since residential units should be located 15-feet from Sunset Boulevard and no closer. This office has no issue with the fact that residential uses whether standalone, attached or in combination with other uses may be developed in the CA zone. So even if the CA Zone permits these residential units in or as part of a mixed-use building that same CA Zone requires setbacks from Sunset Boulevard(10 feet front yard and 15 feet landscaping buffer,respectively). Those required setbacks should only be reduced if the proposed Site Plan has appropriate design features that offset the setback reductions. The applicant proposed "street trees." Street trees are not sufficient and are already required so they offer nothing additional. The building•was.designed with articulations in facade. Those, too, are already required elements of the overlay district and offer nothing that was not already required by code. Neither street trees nor articulated.facade elements provide noteworthy elements or relief for-potential residents that suggest a nearly Zero setback is appropriate. Even if the Conditional Use Permit is not required, the Site Plan approval process still requires the implementation of good planning practices. There was no justification for reducing the required 10-foot front yard setback. Similarly, there was no justification for reducing the required 15-foot landscaping buffer. Both of those setbacks would provide a better residential model along Sunset Boulevard than reducing those setbacks to near Zero. What this office's decision noted was the proposal was inappropriate because it placed residential uses closer-to the street than either the required front yard setback of 10 feet or the landscape requirement of 15 feet. There may be some confusion since the request was for three permits, a Site Plan review and what this office determined were two separate Conditional Use Permits, one for the mixed use and one for the building height. At the time when the Conditional Use Permit • was still in play,the mixed use building failed because there is no community need'for a building containing residential units to be in a building with a front yard of less than 10 feet or having less than the required 15 feet of landscaping. Eliminating the mixed use/attached unit Conditional 1055 South Grady Way-Renton,Washington 98057-(425)430-6515 E T O N Affia APP.4 n n F TI-TP r T T n V r Use Permit review does not alter the decision. The Site Plan fails because there was no 1111 compelling reason to reduce the front yard setback from its required 10 feet nor the landscape setback from its required 15 feet when residential uses would be adversely affected in that location in the proposed building. The building's plans do not provide any unique qualifying features. It is just like any other residential building with some articulations, some pitched roof elements and balconies or terraces. Those features pretty much define most multiple family residential buildings in the suburban landscape. If this building qualifies for a reduced setback then any other building would similarly qualify and there would be no standard 10-foot setback or 15-foot landscaping setback. All proposed buildings with facade articulations,pitched roofs and balconies would qualify for setback reductions. That does not seem to be the meaning of the Code -setback reductions are tradeoffs for offsets that still protect the amenities, in this case, residential amenities, inherent in good design. Clearly, the applicant's property is constrained as noted in the original decision. They have a relatively small lot. They have a creek flowing through a portion of the site,which requires a buffer. Theyalso have a standard requirement for a 10-foot front and setback and a 15-foot q Y landscaping setback. On a site that is constrained like that, the proposed use should work with the site and not attempt to contravene regulr tions that good planning would suggest not allow a residential building that close to a major arterial. In other words, the applicant is attempting to shoehorn in a project that is inappropriate on this smaller lot. Reducing the required front yard to almost Zero feet when residential units are included is inappropriate. Does it serve the public use and interest to force residential uses onto a lot that does not provide the standard amenities generally associated with residential living? Might it be more appropriate to develop solely office and ground floor retail uses on this lot? Would office or other retail uses blend better with the • immediately adjacent McDonalds Restaurant? While the setbacks may be reduced by Site Plan review, that is discretionary. The reduction of the front yard setback and the landscaping setback is not an entitlement. The plan has to show creativity and, at the same time,protect the future residents from the negativeimpacts of reducing the setback to near Zero. Frankly, as noted in the report, there were nounusual elements, no compelling design treatments,no features of a residential building that set it apart and recommended it for consideration of,setback reductions, and nothing so compelling as to reduce those setbacks to nearly Zero. The applicant points to the fact that the interior unit space is a bit further setback from the actual balcony areas. That would be true for a building where the normal setback was observed and actually serve to increase the normal setback of 10 or 15 feet to a greater amount. Again,the building is of rather ordinary design, does nothing to protect or buffer its potential residents from arterial traffic arid noise and is located next to a drive-up, fast food restaurant. Street trees, as noted above, are not adequate and would be required even if 10 or 15- foot setbacks were proposed. This office cannot speculate as to whether an office building,with appropriate design, would have merited setback reductions as sought. But at least a reduction in setbacks for an office building would have limited impact on office workers. Those reductions in setback sought in this case do not appear to be merited when residential housing is included in the mix. Maybe if the design of the building had the housing in the rear facing the creek and office along the street-side it might have warranted a setback reduction but as proposed it does not appear appropriate to allow residential units that close to Sunset Boulevard. This office believes that there is also a difference between the residential mix in the downtown • • core and that in other areas of the City. The urban downtown streetscape is substantially different than along Sunset Boulevard. The speed limits alone,not to mention actual speed coupled with traffic signalization are different in the downtown core and along Sunset. Speed limits for downtown streets where housing may be flush with sidewalks are 25 miles per hour while Sunset where setbacks are supposed to be 1.0 feet, the limits are 35 miles per hour. On some stretches of Sunset those posted speeds might be exceeded due to a different pattern of traffic signalization. As the decision also noted, it was expected to spark discussion of what types of uses the City wants, especially when this office is aware that the City Council indicated a desire to have landscaping along its Highlands'arterials and Council believed buffers should have been included for some older development along these roadways. One has to consider that just because a discretionary remedy is created does not mean that from a land use perspective it is always appropriate to approve it. Both the Conditional Use criteria and the Site Plan criteria suggest that the use should be appropriate and that the City look at critical land use elements when approving new developments,particularly new developments that seek to stray from required,regulated,well-founded setback requirements. Again,normally even an office building would have been expected to comply with both the 10-foot front yard setback and the 15-foot landscape requirement. What makes this design so compelling that it is necessary to reduce those setbacks to, again, near Zero when housing is included in the mix. Finally,while the request to allow a building that exceeds the height limits of the CA zone is minor, it is associated with a building whose site plan does not appear appropriate. That means that there is no public need for a taller building, even one that is only taller in some of its components. Actually, if one factors in the normal height of a building and the height of an individual story(as in first or second level or floor) in a building, the CA Zone's height limit was • probably defined to,in fact, limit height somewhat. In this case, again, while an additional five and one-third feet is not exceptional, it is not appropriate for this proposed use. Since staff believes that no Conditional Use Permit was required for a mixed use building in the CA Zone the original decision is modified. In as much as there was apparently no need to review a Conditional Use Permit for a mixed-use building in a CA Zone that portion of the decision - should be ignored. The decision is not modified where it was found that the Site Plan was not appropriate and where the Conditional Use Permit for added height was not appropriate and both of those requests are still denied. If this office can provide any additional assistance,please feel free to write. Parties may appeal this determination to the City Council within 14 days of this decision. Sincerely, Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Alexander Pietsch, CED Administrator ADF Properties, LLC, Owner Chip Vincent,Planning Director Parties of Record • Neil Watts,Development Services Director Rocale Timmons, Associate Planner Jon Graves, Applicant/Contact June 24,2008 OFFICE OF THIE�HEARING EXAMINER • CITY.OF RENTON Minutes OWNER: ADF Properties LLC 15007 Woodinville Redmond Rd., Ste. A Wciodinville, WA 98072 APPLICANT/CONTACT: Jon! Graves Architects&Planners PLLC 3110 Ruston Way, Ste. D Tacoma, WA 98402 Sunset Highlands Mixed Use Site Approval File No.: LUA 08-028, SA-H, CU-A, ECF LOCATION: 4419 ME Sunset Blvd. SUMMARY OF REQUEST: Applicant requested Site Plan Review and Conditional Use Permit approval for the construction of a 4-story, 55-foot tall miced-use building on a 35,593 square foot site. SUMMARY OF ACTION: Development Services Recommendation: Approve with copditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on May 27, 2008 PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner coliducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the June 3, 2008 hearing. The legal recprd is recorded on CD. The hearing opened on Tuesday, June 3, 2008, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Map application,proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Zoning Map Exhibit No. 4: Site Plan • Exhibit No. 5: North and East Elevations Exhibit No. 6: South and West Elevations Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 1 0 Page 2 Exhibit No. 7: First and Second Floor Plan Exhibit No. 8: Third and Fourth Floor Plan Exhibit No. 9: Utility Plan Exhibit No. 10: Conceptual Landscape/Tree Retention Plan Exhibit No. 11: Aerial Photograph The hearing opened with a presentation of the staff report by Rocale Timmons, Associate Planner, Development Services, City of Renton, 1055 S Grady Way,Renton, Washington 98055. The project site is on the south side of NE Sunset Boulevard,west of Duvall Avenue NE and east of Union Avenue NE. The surrounding properties area all zoned Residential Multi-Family(RMF) or Commercial Arterial. The applicant is proposing a 4-story, 55-foot tall mixed-use building. The project would result in 21 multi-family residential dwelling units with approximately 2200 square feet of commercial space. The proposal does comply with the goals and policies established within the Commercial Corridor on the Comprehensive Plan Land Use Map. The applicant has requested a reduced front yard setback to 1-foot, 2 and a half inches from the property line. Applicant has proposed uses to enhance the setback area and staff does support the proposed reduction in the front yard setback. There are no interior side or rear yard setbacks. The applicant further is requesting a reduced landscaping strip, a 15-foot landscape strip is required along the front property line,NE Sunset Blvd, the applicant has proposed to reduce that down to as little as zero feet along portions of the street frontage. Staff again supported the reduced on-site landscaping since there is other perimeter landscaping that offsets the • landscape buffer. The landscaping would only act as a buffer to abutting properties. A detailed landscape plan would be submitted by the applicant prior to the issuance of the building permit. The City's parking landscaping regulations have additional landscaping requirements for surface parking lots in the amount of 15 square feet per parking space. Based on 21 surface parking stalls, 315 square feet of landscaping would be required,the conceptual landscape plan does comply with this requirement. All parking spaces do comply with the dimensional requirements of the parking regulation. There is a one-way circulation throughout the project site via a 24-foot wide internal driveway. Four feet of the 24-foot width is a pedestrian walkway surrounding the building. The Examiner questioned the traffic noise of the residential units if they were only a foot and a half from the street, Sunset is a fairly heavily trafficked arterial. Ms. Timmons stated that the units are setback due to balconies or decks by approximately 10-feet or so. The proposed building would be located in the center of the site, surface parking areas would be located along the east and west portions of the building. Landscaping would be located around the perimeter of the site and within the surface parking lots. A total of 58 parking stalls are proposed, 21 would be located in the surface parking lot with 11 being dedicated to commercial use and the remaining 37 stalls would be located in the first floor of the building. The structure parking would be accessed through 21 separate garage doors off NE Sunset Blvd via two new 30-foot wide curb cuts. A restrictive covenant would be required to assign tandem parking spaces to the exclusive use of specific dwelling units. The proposed building would result in a lot coverage of 28% and the density for the site would result in about 26 • dwelling units per net acre,which is within the permitted range. There is a stream located on the southeast portion of the site. Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 • Page 3 • There are four protected trees onsite of which three are proposed to remain. There is a Class 4 stream located on the southeast portion of the site, which requires a 35-foot buffer. The applicant is proposing to reduce the buffer to 25-feet. Development Services Director approved the reduction in buffer. The highest point of the building would house the stair tower on the south elevation. The residential units would be located on the upper three levels with seven units on each floor. The commercial space would be located within the north portion of the building on the ground floor facing NE Sunset Blvd. Approximately 1,500 square feet would be designated to specialty retail, qnd the remaining 700 square feet would be a restaurant. The Environmental Review Committee issued a De4ermination of Non-Significance—Mitigated, which included 6 mitigation measures. No appeals were filed. The applicant is further required to provide a pedestrian connection from the entry of the building to the street and sidewalk. A 6-foot high wood fence would be required along the length of the west property line with a gate for the pedestrian connection. This would pro\fide privacy to the property to the north. Since the approval of the parking spaces,the ratio designations have changed, instead of 11 spaces now 13 spaces have been designated for commercial use to meet the parking requirements. A revised parking plan must be submitted. The proposed building is appropriate for the site and would be architecturally compatible with the existing neighborhood. The main entrances for the commercial space are located along NE Sunset Blvd. The main entrance to the apartment units would be via the internal elevator. • The site is served by the City of Renton for all utilities. Fire,Police and Parks staff have indicated that the existing facilities are adequate to accommodate the subject proposal. The project is subject to the District B Design Guidelines and the proposal does comply with the intent of the design regulations where they are applicable. The proposal complies with the goals,policies and standards established within the Commercial Corridor Land Use designation as well as the Commercial Arterial Zone. The height of the building does exceed the allowed height of the zone by five feet and four inches. This increase in height is to accommodate the elevator shaft and stair tower for the building. No other portion of the building exceeds the 50-foot height limit. Brett Lindsay, 3110 Ruston Way, Ste. D,Tacoma, WA 98402 stated that he represents the applicant Jon Graves Architects &Planners. The central stair tower will always be open to the public, there are two doors on the east and west sides that have direct access to it. That will most likely be the primary entrance to the building. Access will be at the doors and not at the stair tower. There is a 5- to 6-foot buffer between the curb and the beginning of the sidewalk. The sidewalk varies in width because of the indents in the building. It is approximately 10-feet to the corners of the building that get closest to the road. There also are three street trees that are centered with the balconies to add another layer of buffer. It seemed to them that a presence on Sunset Blvd Would be a positive move. • He asked if the "wood" fence could be made of corkcrete that looks like a wood fence. It is better maintenance and looks very nice. Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24,2008 Page 4 The Examiner stated that the issue would become cinder block versus something more appealing, he may condition it so that staff would have total authority over approving something that is not wood but that emulates wood. Kayren Kittrick, Development Services stated that water and sewer are available,the storm drain is fine, they will be taking a close look at the amount of plantings that are being put in. There are two storm ponds at the southerly corners of the property. They currently use a controlled system to dump storm water into Honey Creek. The amount of plantings being proposed will have to be watched,there are specific plants that are welcome and some that are not due to their overgrowth potential. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:39 am. FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Jon Graves Architects &Planners PLLC, filed requests for a Site Plan review together with Conditional Use Permits to allow a 4-story mixed use building in the CA(Commercial Arterial) Zone. i2. The Environmental Review Committee (ERC), the City's responsible official issued a Detecniination of Non-Significance -Mitigated(DNS-M). 3. The subject proposal was reviewed by all departments with an interest in the matter. 4. The subject site is located at 4409 Sunset Boulevard NE. The subject site is located on the south side of Sunset between Whitman Court NE on the west and Anacortes Avenue NE on the east. 5. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial uses,but does not mandate such development without consideration of other policies of the Plan. 6. The subject site was annexed to the City with the adoption of Ordinance 2408 enacted in May 1968. 7. The subject site is approximately 35,593 square feet or 0.817 acres. The subject site is trapezoidal with its north property line defined by the alignment of Sunset Boulevard,which runs toward the northeast in this location. The subject site is approximately 160 feet wide and varies between 170 feet deep(west) and 250 feet deep on the east. The parcel has approximately 190 feet of frontage along Sunset. 8. Honey Creek runs across the subject site in its southeast corner. This creek is a Class 4 stream, which generally requires a 35-foot buffer. The applicant has been provided with an administrative decision that the buffer can be reduced to no less than 25 feet if the creek and buffer are enhanced. This is a critical area and both the creek and its buffer will be protected and preserved. The buffer reduction would total approximately 1,376 square feet. 9. The tree survey found four protected trees and the applicant proposes retaining three of those trees. Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 Page 5 • 10. The applicant proposes erecting a four-story, 55 foot 4-inch tall building on the subject site. The structure would contain retail space on the first floor and residential units on the upper three-stories. The building would have approximately 40,083 square feet over the four stories. There would be approximately 2,209 square feet of retail space divided into separate storefronts including a restaurant of approximately 700 square feet. There would be 21 multiple family units totaling approximately 30,795 square feet. There would be 3 one-bedroom units and 18 two-bedroom units. 11. The CA zone periniits lot coverage of 65 percent whereas the applicant proposes only 28 percent lot coverage. Parking allotments are based on a combination of uses and parking configuration. The residential component requires 45 stalls based on the mix of single alignment parking and tandem parking. The proposed restaurant space would require 7 stalls and the remaining commercial spaces an additional 6 stalls. Total parking would be 58 stalls with 21 surface(outdoor)parking stalls and 37 stalls inside the garage on the first level. Since the project was originally reviewed and a parking modification was issued the applicant changed the ratio of commercial uses. Staff found that the project did not provide sufficient parking for the commercial portion of the proposal and required two additional parking spaces dedicated to commercial uses. 12. As noted, the subject site is currently zoned CA which permits commercial and mixed use development with approval of a Conditional Use Permit. Additionally, the CA Zone limits height to 50 feet and a conditional use permit is required for any building taller than 50 feet. In this case the tallest portion of the building is proposed to be 55 feet 4 inches tall. The additional height was due to the elevator and stairwell towers. • 13. The CA Zone requires no rear yard or side hard setbacks. This parcel in the CA Zone requires 15 feet of front yard landscaping because it is across from the residential,RM-F Zone. The zone requires a 10- foot setback from Sunset that in this case is required to be increased to 15 feet because 15 feet of landscaping is required across from residential zone and uses on the other side of Sunset. The Site Plan review process may be used to reduce both requirements to Zero feet. The applicant has proposed reducing the 15 feet of landscaping required along Sunset Boulevard to as little as Zero (0) feet except near the driveways. The applicant has proposed street trees at 30 feet on center. This would result in three trees planted in front of the building 3Tith two trees near the east and west margins of the site. 14. Staff has indicated that the applicant's reduced landscaping along the street frontage is reasonable since it has provided adequate other on-site and perimeter landscaping. The perimeter, east and west,require five feet of landscaping along the parking areas as well as 1 tree per 6 stalls and 5 shrubs per 100 feet of landscaping. There will be additional landscaping along the southeast and southwest corners of the parcel, near and adjacent to the stream bufftr. 15. The applicant has proposed one way circulation into, around and out of the site via 30 foot driveways and parking aisles along the east and west rides of the parcel. The parking aisle will also provide pedestrian paths. 16. The building will have approximately 75%retail uses along its front facade. As part of the Conditional Use Permit, the applicant has proposed that the majority of the building, the additional three-stories as well as large portions of the first level, and the garage, serve residential purposes. 17. Staff reports that the applicant will use high quality vinyl siding as well as masonry block units. There • will be balconies along the front facade as well as other facades. The front of the building will have pitched roof elements while the remainder of the building on its sides and rear will have flat roof elements. Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24,2008 Page 6 • 18. The subject site islocated within the Renton School District. The residentialportion of the project is J expected to generate additional school age children. These students would be spread across the grades and would be assigned on a space available basis. 19. The refuse and recycling area will be located to the rear of the building but specific location will be determined by the waste handler. 20. The density for the proposal would be 25.95 dwelling units per acre after subtracting sensitive areas. The CA zone permits a minimum of 10 units per acre up to 60 units per acre when a mixed-use building is proposed. 21. The proposal is located in an area subject to the District B Design Guidelines. Staff has generally determined that the proposal meets those guidelines applicable to a single building containing a mix of commercial and residential uses. A number of criteria overlap the general criteria of both the Site Plan Ordinance and the Conditional Use Permit. 22. The development will increase traffic with 21 new residential units and the new retail and restaurant facades. 23. McDonalds restaurant is located immediately east of the subject site. CONCLUSIONS: • Conditional Use Permits 1. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 4-31-36 (C),which provides in part that: a. The proposal generally conforms to the Comprehensive Plan; b. There is a general community need for the proposed use at the proposed location; c. There will be no undue impacts on adjacent property; d. The proposed use is compatible in scale with the adjacent residential uses,if any; e. Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and 11111 i. Adequate public services are available to serve the proposal. In this case, the applicant has actually requested two conditional use permits. One Conditional Use Permit was to allow a building taller than the normally permitted 50 feet. The applicant proposed a 1 Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 I Page 7 r • building of 55 feet 4 inches or 5 feet 4 inches taller than permitted. The second Conditional Use Permit was requested to allow a mixed-use, that is a building that contains both commercial and residential uses, in one building. The Commercial Arterial Zone does not normally permit a mixed-use structure. The requested conditional use permits do not appear justified. 2. First,it might be important to note that the Zoning Code has outright permitted uses -those uses that have been determined to be fully appropriate in a particular zone. The Code then has certain uses that may be permitted in a zone but that are not outright permitted. Such permits are discretionary and the applicant has to justify why the proposed use is appropriate. If all uses that are subject to Conditional Use review were appropriate then they wotfld be permitted outright subject to other criteria such as bulk, setbacks or similar. Proposals subject to Conditional Use approval must satisfy specific criteria enumerated for that use and they may be denied if inappropriate to their neighborhood or their site. 3. There are a number of issues involved in this review as the building not only is taller than permitted but also contains both commercial and residential components in one building and such combined elements are normally not permitted in the CA Zone; What might be appropriate for a commercial building might not be appropriate for a residential building or a building that contains residential units. Residential living has certain amenities associated with it. Quietude might be an attribute or amenity cherished or prized in a residential setting that might be unimportant or less important in a commercial, office or retail building. Similarly,proximity to certain services might be important in a residential complex but too close a proximity to automotive dependent uses or drive up restaurants might tax residents. Being located next to a business catering to drive:up customers might not create the most appropriate living situation. Drive-up windows and the constant opening and closing of car doors and engine startups could be an issue. Quietude might be an attribute that some would trade away for more urban hustle and 1111 bustle. Then again, being in proximity to Pertain uses could tend to make a living situation less desirable. While some might consider a less desirable residential environment unfortunate, it could make the residential complex more affordable since it might be less desirable. More affordable housing might be appropriate even if less aesthetic. Some might suggest that the market will determine whether such a mix of uses is appropriate or not. Others might say that the job of"Land Use Planning" is intended to create more desirable juxtapositions of uses and avoid certain juxtapositions so that irritants or worse that lead to eventual blight are not created. 4. In reviewing this proposal, some criteria or overall issues actually overlap in reviewing a Site Plan and in reviewing the two Conditional Use perniits. The proposed plan is crowded and inappropriately located after all things are considered. Staff has expanded the buildable area of the parcel by reducing the critical areas buffer along Honey Creelt from 35 feet to 25 feet and then further crafted more buildable space by recommending that the l5 feet of front yard landscaping and building setback from Sunset Boulevard, a heavily traveled arterial, be reduced to between Zero feet and approximately one to two feet. 5. The Comprehensive Plan designates this area for commercial uses. It even allows mixed uses but only after determining that the site and design are appropriate under Conditional Use Criteria. But that does not necessarily mean all parcels located along Sunset Boulevard are suitable for residential purposes whether as standalone residential uses or a mixed use development as now proposed. The subject site is a relatively small,narrow parcel further constrained by Honey Creek, which is located in the southeast corner of the site. In order to increase the developable portion of the subject site staff approved a reduction in the buffer between the development and the Honey Creek. While this is • permissible the buffer reduction itself was'not sufficient to create an adequate building site. Therefore, the applicant has also sought to reduce the,required 15 foot landscape setback between the building and the public right-of-way, the heavy arterial Sunset Boulevard, to Zero feet. Such a reduction, while also • Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 Page 8 permissible is inappropriate for a residential building. A similar reduction for a purely commercial building might be appropriate in that it would pull retail facades up to the sidewalk and provide enhanced commercial exposure. It might also be appropriate in that the noise associated with a heavily traveled arterial street might not have much impact on an office building or retail trades. If the creek buffer reduction and the very reduced setback were not enough,the applicant also has sought an increase in the building's height also with a Conditional Use Permit request. While the increase is very modest, it is just one more factor that demonstrates that this lot is too constrained for the proposed building. 6. There can be fair debate as to whether there is a community need for this mixed use building in this location. Yes it creates additional housing opportunities and due to its proximity to Sunset and adjacent to a McDonalds restaurant, it might generate more affordable housing. It probably also helps create additional demand for commercial services by its residential population. But from a land use planning point of view,is this a suitable location for residential units and are they well-served by being subject to a very limited setback from Sunset and from a McDonalds restaurant? The answer to that seems that this is not an appropriate use of the subject site. It appears that this would be suitable for office and retail uses but not as a cover to create a mixed-use development. 7. It does not appear that the development of the site as proposed would have an adverse impact on surrounding uses although residents might complain about nuisance activities in the adjacent McDonalds parking lot including voices, general noise and hubbub to engine startups as well as cooking odors. • 8. The building would be only slightly taller than the permitted 50 feet so ultimately it probably would be compatible with surrounding residential uses. 9. Parking is permitted in the side yards of this project. 10. It appears that traffic and pedestrian circulation are acceptable. 11. The construction of the proposal would introduce noise but not at an unusual level and after occupancy, there should not be any unusual noise generators. 12. The reduction of the 10-foot front yard to near Zero and the reduction of the required 15 feet of landscaping along Sunset to similarly near Zero does not provide sufficient buffer from the rights-of- way. One could also argue that a mere five feet of perimeter landscaping between this use and McDonalds is also inadequate when residential units will look out over a parking lot. 13. There are adequate public services to serve the proposed use. 14. In summary, there might be a belief that locating buildings along suburban streets provides an edgier, urban feeling but this office is not convinced that this is the direction that the City desires to take outside of its downtown urban core. In the past,the City Council has addressed issues of setbacks and landscaping those setbacks along NE 4th Street and Sunset Boulevard NE. Both of those arterials are heavily traveled gateway streets into the City from the north and east. While City Comprehensive Plan policies and Zoning do suggest that retail uses more or less hug the street or, at least, avoid parking between the use and the street, this has generally been practiced for commercial uses and even then they usually observe a front yard setback. A similar hugging of the street by residential uses has also been utilized in true urban core areas. But City Code generally wants the more suburban streets to provide front yard setbacks and landscaping along its arterial streets, hence the requirement for this lot to i Sunset Highlands Mixed Use Site Approval File No.: LUA-08-028, SA-H, CU-A, ECF June 24, 2008 Page 11 • TRANSMITTED THIS 24th day of June 2008 to thl following: Mayor Denis Law Dave Pargas,Fire Jay Covington, Chief Administrative Officer Lairry Meckling, Building Official Julia Medzegian, Council Liaison Phlnning Commission Marty Wine, Assistant CAO Trinsportation Division Gregg Zimmerman, PBPW Administrator Utlities Division Alex Pietsch, Economic Development Neil Watts,Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the.City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,July 8, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title V, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing tfee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Depai tinent, first floor of City S Hall. An appeal must be filed in writing on or before 5:00 p.m.,July 8, 2008. If the Examiner's Recommendation or Decision Lontains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides thatno ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Co'ncil. All communications concerning the proposal must e made in public. This public communication permits all interested parties to know the contents of the coinrr unication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 411P—/ I L_ . _ • _ _ Project Location: 4409 NE Sunset 71:„.d.,ty.. X�31 {..380='.7!.7.7 A ::-:' ,:;.,...-:: -41,..:!.;;„.;..?.? Cz Y �f' r+3 '� gel rs ��"a, e �Zs— -'. C �. _ s 9 ... ' 1 � a �v ►jv SITE ; ,i.„.._.:„..,„ . mi.�.,',<�k �t , �. „ s T��„ 4 Y 'v .3s } ,✓ .'t -----• .➢ ws's",s.�;' `.oa_ S 2v 7 �yt°"�, ^sN ,wy 4 .4fi '1' ,�, ,gampi, 1I • '3ijw 9a5'F ✓ /� 4 3 xf t" rx `f;`n "� int _. : __,,„ , A.,--, :! A•7i4f ---,fr•, ••':,• lz,--,....„ K t ver s ,., ,. �' ' 41.„,,,,,i, pl �'�' A4 1 E :R $4.4',. 4‘....:1_'::4. -t �� ‘,37* r i._. 7 1 zit , .ff :t 't {, 7 g 'a x ? q # af "�'��' 2't: � 4 .pt '..h f�"�4jn 5. '5'1'2? l�.:s �,�. t -Q�`�' Ak � � S > < ix Y:z_. 0 ice . � .�.�� fi. Project Location Map 0 i 1 1 1-4 t , d 1 ‘,„ I ,. 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PCP/MVO/ N u5;�S'�^.� tItEI' n TO CITY STANDARDS DtPA1,TNENT or PUBLIC WORM, ^ ��•,w. .Mr. iy'� �f./ m Ort . ��' �� __ten n rz-- UTILITY PLAN C4<1 CALL 48 HOURSIA /r �� _ °rz m !t BEFORE YOU DIG v' j' o°lo.= Y " '«. °>mi� „r i 1 2 1-800-424-5555 n,. y a_::-s;r._ ° .r._ • • EXHIBIT 9 CITY OF RENTON COUNCIL AGENDA BILL AI#: 7, le, • SFor Agenda of: Dept/Diubmittingv/BoardData:.. AJLS/City Clerk August 4, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on July 22, 2008, for CAG-08-102, Correspondence.. Mt. Olivet & South Talbot Reservoir Recoating Project Ordinance Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (nine bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $62,378.52 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $120,000.00 City Share Total Project.. SUMMARY OF ACTION: • Engineer's Estimate: $141,264 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Scott Coatings, LLC in the amount of$62,378.52. STAFF RECOMMENDATION: Accept the low bid submitted by Scott Coatings, LLC in the amount of$62,378.52. 1110 CITY OF RENTON -( -S1"• �- ®off• PUBLIC WORKS DEPARTMENT JUL X008 ♦ "u CITY EIV R% S OF'1=ICE •NI—c,O MEMORANDUM DATE: July 24, 2008 TO: Bonnie Walton, City Clerk FROM: Tom Malphrus, Water Utility Engineer(ext. 7313):;711 SUBJECT: Bid Opening for Mt Olivet & South Talbot Reservoir Recoating 2008 (CAG-08-102) On July 22, 2008, at 2:30 p.m., the City received nine bids for the Mt Olivet & South Talbot Reservoir Recoating 2008 project. The City Clerk opened and publicly read all bids. Scott Coatings, LLC, of Auburn, WA, submitted the low bid in the total amount $62,378.52. We have checked all bids for completeness, mathematical correctness, and inclusion of all required forms, and found no irregularities or mathematical errors in the low bid submitted by Scott Coatings, LLC. The engineer's estimate for this project is $141,264.00. 411/ In accordance with Council procedure, the low bid meets all three conditions for award: 1. The low bid must be within the total project budget. 2. There must be more than one bidder. 3. The lowest responsive, responsible bid contains no significant irregularities. The Water Utility recommends that Council award the contract to Scott Coatings, LLC, in the total amount of$62,378.52, at its meeting of August 4, 2008. The total project budget is $120,000.00. The Water Utility has budgeted sufficient funds in its 2008 Capital Improvement Program budget, account no. 425.018.5950.0034.63.u55260. If you have any questions,please call me. Thank you for your assistance. Attachments: Summary of Estimated Costs Bid Tabulation Bid Packets cc: Abdoul Gafour, Utility Engineering Supervisor Lys Hornsby,Utility Systems Director • H:\Pile Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3449-Mt Olivet&S.Talbot Reservoir Recoating 2008\C ityCorrespo nden ce\memo-to-city-clerk-co ntract-award.doc\TMtp SUMMARY OF ESTIMATED PROJECT COSTS • Description Amount Construction Contract including 9% sales tax $62,378.52 (from low bid submitted by Scott Coatings, LLC on 7/22/08) Construction Engineering & Administration (estimated) $15,000.00 Special Inspection & Testing (estimated) $10,000.00 Contingencies (estimated) $32,621.48 Total Contract Cost (estimated) $120,000.00 • • H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3449-Mt Olivet& S.Talbot Reservoir Recoating 2008\CityCorrespOndence\memo-to-city-clerk-contract-award.doc\TMtp 07/008 Off 1 • City of Renton Mt Olivet & South Talbot Reservoir Recoating 2008 WTR-27-3449 Bid Results 1 2 3 4 5 6 7 8 9 Bid Item Engineer's Scott Prime Western S & K Epic Long Painting Extreme Purcell Painting HCI Industrial & Estimate Coatings Coatings Industrial Painting Construction Company Coatings * &Coatings Marine Coatings 1 $73,500.00 $31,345.00 $47,310.00 $48,000.00 $65,000.00 $65,000.00 $75,137.00 $55,080.00 $69,389.00 $84,421.00 2 $50,100.00 $22,747.00 $23,655.00 $38,000.00 $55,000.00 $55,000.00 $54,673.00 $55,080.00 $62,727.00 $56,756.00 3 $6,000.00 $3,136.00 $7,885.00 $4,000.00 $2,000.00 $4,942.00 $4,688.00 $25,080.00 $4,332.00 $0.00 Subtotal $129,600.00 $57,228.00 $78,850.00 $90,000.00 $122,000.00 $124,942.00 $134,498.00 $135,240.00 $136,448.00 $141,177.00 Tax @9.0% $11,664.00 $5,150.52 $7,096.50 $8,100.00 $10,980.00 $11,244.78 $12,104.82 $12,171.60 $12,280.32 $12,705.93 Total $141,264.00 $62,378.52 $85,946.50 $98,100.00 $132,980.00 $136,186.78 $146,602.82 $147,411.60 $148,728.32 $153,882.93 "Bidder did not provide price in words. Bid Percent from Low Bid Percent from Engineer's Estimate Engineer's Estimate $10,671,957.00 0.258435196 0 Mid-Mountain Contractors, Inc. $10,644,448.00 0 -0.25776903 Skaar Construction, Inc. $10,659,136.00 0.137987428 -0.120137291 Harbor Pacific Contractors $10,912,640.00 2.519548219 2.255284574 Pease & Sons, Inc. $11,168,528.90 4.923514117 4.653053793 Robison Construction, Inc. $11,826,505.60 11.10492155 10.81852747 James W. Fowler Company $12,713,932.80 19.44191751 19.13403324 • • • ..., ? CITY OF RENTON BID TABULATION SHEET Page 1 of 2 SROJECT: Mt. Olivet&South Talbot Reservoir Recoating; CAG-08-102 DATE: July 22,2008 FORMS BID BIDDER Bid Triple L&I Sched.Of Addendum Bond Form Cert. Prices #1 Epic Construction,LLC 40 Lake Bellevue Dr., Ste 100 x x x x x $136,186.78 Bellevue,WA 98005 Douglas R.Zylstra Extreme Coatings,Inc dba ECI Services PO Box 1184 x x x x x separate $147,411.60 Pasco,WA 99301 Anastasia Olson HCI Industrial&Marine Coatings,Inc. 15500 NE Caples Rd. x x x x x $153,883.00 PO Box 1573 Brush Prairie,WA 98606 Joseph R. Cornelius Long Painting Company 414 68th Ave. S. x x x x x $146,602.82 41/1ent,WA 98032-2416 John Fisher Prime Coatings,LLC 292033 Hwy 101 x x x x x $85,947.00 Quilcene,WA 98376 Ron Frantz Purcell Painting&Coatings acknowledged 6456 S. 144th St. x x x x without $148,728.00 Tukwila,WA 98168 signature David Purcell S&K Painting,Inc. PO Box 390 x x x x x separate $132,980.00 Clackamas,OR 97015-0390 Steve Smith Scott Coatings,LLC x 326 8th St. SW,Ste.4 cert. x x x x $62,378.52 Auburn,WA 98001 check Robert J. Scott $3,200 Western Industrial,Inc. 41 N.Northlake Way x x x x x $98,100.00 Battle,WA 98103 Mark L.Jackson CITY OF TRENTON BID TABULATION SHEET Page 2 of 2 • PROJECT: Mt. Olivet&South Talbot Reservoir R,ecoating; CAG-08-102 DATE: July 22,2008 FORMS BID BIDDER Bid Triple Bond Fo.j-m Addendum ENGINEER'S ESTIMATE TOTAL: $141,264.00 LEGEND: Forms:Triple Fonn:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage S • 1 s CITY OF RENTON COUNCIL AGENDA BILL AI#: s ? • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk August 4, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on July 23, 2008, for CAG-08-101, Correspondence.. SR 900 (NE Sunset Blvd.) and Hoquiam Ave. NE Ordinance Traffic Signal Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (six bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $275,596 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $426,000 City Share Total Project.. •SUMMARY OF ACTION: Engineer's Estimate: $281,848.68 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid and the low bid was within the project budget. However, irregularities due to mathematical errors were found in two bid submissions that changed bid totals for Signal Electric, Inc. and Construct Co. Council procedure requires committee review when there are bid irregularities; however, in the interest of meeting the construction schedule expectations, staff requests that Council waive review of this condition, and concur in the approval of the contract to the low bidder. Therefore, staff recommends acceptance of the low bid submitted by Construct Co. in the amount of$275,596. STAFF RECOMMENDATION: Accept the low bid submitted by Construct, Co. in the amount of$275,596 • Crry fcY O JUL 0 2008 �- ® C ;VIED PUBLIC WORKS DEPARTMENT '�R�so�picc • MEMORANDUM N DATE: July 30, 2008 TO: Bonnie Wal.�>:n, t lerk FROM: Bob Hanson! ( .sortation Design Supervisor, x7223 STAFF CONTACT: James Wilhoit, Project Manager, x7319 SUBJECT: CAG 08-101 SR 900 (NE Sunset Boulevard) and Hoquiam Avenue NE Traffic Signal Project Bid Award The Transportation Systems Division recommends that the 900 (NE Sunset Boulevard) and Hoquiam Avenue NE Traffic Signal Project be awarded to Construct Co., 1621 Pease Ave., Sumner, WA 98390, in the amount of$275,596. The low bid is within budget. There were six bids submitted and opened on July 23, 2008. Signal Electric, Inc. of Kent, WA was the apparent low bidder at that time, with a quote of$273,033.20. Construct Co.'s quoted bid was 175,369.25. Review of the bids revealed that Signal Electric had miscalculated its total bid, and its corrected total was $279,039.20. Construct Co. was found to have an error in two of its bid item tabulations. Its corrected total of$275,596 was confirmed to be the low bid. Both Signal Electric's and Construct Co.'s bids were below the adjusted Engineer's Estimate of$281,848.68, Construct Co.'s by $6,252.68 (-2.2%). The other four bids submitted all exceeded the Engineer's Estimate. No errors were found in any of the other four bids. Per the Transportation Improvement Program (TIP) The 2008 budget for construction of this project is $426,000. We are requesting Council concur with this recommendation. Attachments: Bid Tab cc: Gregg Zimmerman,PW Administrator Peter Hahn,Deputy PW Administrator—Transportation James Wilhoit,Transportation Design Project Manager File • H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\sunset&hqm\bidadv\Contract Award Memo 080730.doc N mm m mi` m NO a'� Nm . 1111 g.....,,,,,,,,,,,--2--", , „,,,,,_ _,,,, _ . 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NNNNNNmmmmm _ V N-, • • • • 7/30/2008 City of Renton v Transportation Page 1 of6 2:16 pm SR900 (Sunset)/ Hoquiam Avenue NE Signalization Project Number:t12601 Contract No:CAG08-101 Bid Results Analysis :`Sid,-Date:- Sunda ,+x:.,M.,,,.�1 � 12.00AM.r_-�.:+'= �.,3>;-,.�-�-.=.ror • •En sneer's- • ;Consfruct�Co Si rialElectric;a_nc:,;: rtVall®:.�Electeic a. - ,. Y,y.. n.+�.•.;i� :x� � ;:r.rr,�a•- -u-:.� 9 �g. t Y.u�� •'1 h _ '3; 20 ,.„ e sAve •P O•.Box-6 9 • `�: `Estfreiate' .1621 P a e'Av :En'me r. :James:P..•Wilho`��;r,.a �j��_ 9 - ' _ A''00009-839 �•.a,.�=�-Kerit'.�WA'9800,111p9.6.,4_0,: - ;a� ::{. =Sumner'W ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 01 1040001321 Minor Change 1.00 EST 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 02 1050000001 Contractor Supplied 1.00 LS 7,085.00 7,085.00 5,000.00 5,000.00 5,500.00 5,500.00 8,000.00 8,000.00 Surveying 03 1070006490 Temporary Water 1.00 LS 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 Pollution/Erosion Control 04 1070007736 SPCC Plan 1.00 LS 545.00 545.00 550.00 550.00 600.00 600.00 1,000.00 1,000.00 05 1070017001 Pothole Utilities 1.00 EST 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 06 1070017003 Resolution of Utility Confli 1.00 FA 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 07 1090000008 Mobilization/Demobilization, 1.00 LS 19,620.00 19,620.00 23,000.00 23,000.00 27,900.00 27,900.00 29,000.00 29,000.00 Site Preparation&Clean-up 08 1100020002 Project Temporary Traffic 1.00 LS 27,250.00 27,250.00 24,750.00 24,750.00 25,000.00 25,000.00 17,000.00 17,000.00 Control 09 2010000035 Clearing and Grubbing 1.00 LS 10,900.00 10,900.00 3,300.00 3,300.00 4,000.00 4,000.00 2,400.00 2,400.00 10 5040000004 Sawcut 225.00 LF 8.50 1,912.50 2.00 450.00 30.00 6,750.00 5.00 1,125.00 11 2020000100 Remove Sidewalk,Including 50.00 SY 42.51 2,125.50 13.00 650.00 15.00 750.00 24.00 1,200.00 Haul 12 8040000005 Remove Curb and Gutter 20.00 LF 28.34 566.80 24.00 480.00 28.00 560.00 6.00 120.00 13 5020000002 Cold Mix Asphalt Concrete 5.00 TON 212.55 1,062.75 130.00 650.00 110.00 550.00 355.00 1,775.00 14 2020000121 Asphalt Concrete Pavement 115.00 SY 56.68 6,518.20 9.45 1,086.75 33.00 3,795.00 17.00 1,955.00 Removal 15 2030000310 Roadway Excavation Incl. 10.00 CY 85.02 850.20 48.65 486.50 70.00 700.00 47.00 470.00 Haul 16 4020000431 Gravel Borrow Incl.Haul 56.00 TON 70.85 3,967.60 31.00 1,736.00 40.00 2,240.00 35.00 1,960.00 17 4040005120 Crushed Surfacing Base 115.00 TON 85.02 9,777.30 26.00 2,990.00 70.00 8,050.00 42.00 4,830.00 Course 18 5040000114 HMA Cl.1/2 In.PG 64-22 170.00 TON 163.50 27,795.00 132.00 22,440.00 130.00 22,100.00 155.00 26,350.00 19 8110006751 Beam Guardrail Type 1 252.00 LF 35.43 8,928.36 36.00 9,072.00 35.00 8,820.00 40.00 10,080.00 20 8110006771 Beam Guardrail Anchor Type 2.00 EA 1,133.60 2,267.20 802.00 1,604.00 800.00 1,600.00 860.00 1,720.00 Run By: James P.Wilhoit `:.,{ Generated by a SharpeSort Product 7/30/2008 City of Renton o Transportation Page 2 of 6 2:16 pm SR900 (Sunset)/ Hoquiam Avenue NE Signalization Project Number:t12601 Bid Results Analysis Contract No:CAG08-101 y r' ..q. �i4 !4j'I..+yu:, dN:•fiiir."'s"�' �Y9.."¢a�..^�';::r: i.' - I��, �:''. "�Eri i_ eis •Con§truct Co ;Si rial`Elecfric' Iric: Vie.` E a ,, ..Bid Dater ;`Silnda �',r 12.b0 AM - ne Nal I ctr,_tc.,' , • w. „ . ,,s �,.u� .....:... . : '. - ,:,,.3.,:.•-....."..:...., , -.Estimate t' ,„rv, 1621''Pease'Ave: 'P.O:Box-6209'"�'' ,I:•,�.r.,w,.��,: „Engrneer. JameslP.2Wilhoitn•• ,I„. • � , `F�',,. "`:' , :,7-„n-'fin � .;.,„v. _ ,. ,,....;,.. „ ,.,.., ,:p .r~.,.,,.I .�:� ,�2>=: ,.:.._ ';''.7•;-,.'4-:'''i"--...--,-'-:- .:;j;"... :... 009=8390,:. .Kent;:WA:980646209::,,:•�I:'; - ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 21 2020000800 Removing Guardrail 255.00 LF 21.26 5,421.30 11.00 2,805.00 11.00 2,805.00 12.00 3,060.00 22 2020000800 Removing Guardrail Anchor 2.00 LF 708.50 1,417.00 226.75 453.50 225.00 450.00 240.00 480.00 23 8140067057 Cement Conc.Sidewalk 1.00 EA 3,613.35 3,613.35 2,231.75 2,231.75 2,400.00 2,400.00 6,000.00 6,000.00 Ramp Type 2 24 8200006912 Traffic Signal System 1.00 LS 125,350.00 125,350.00 161,000.00 161,000.00 143,749.00 143,749.00 169,000.00 169,000.00 25 8220000187 Removing Paint Line 4"Wide 367.00 LF 4.96 1,820.32 3.00 1,101.00 3.00 1,101.00 1.00 367.00 26 8220000187 Removing Paint Line 8"Wide 65.00 LF 5.67 368.55 3.00 195.00 3.00 195.00 2.00 130.00 27 8220000200 Removing Plastic Traffic 1.00 EA 170.04 170.04 110.00 110.00 110.00 110.00 175.00 175.00 Marking _ _ 28 8220000187 Removing Plastic Line 24" 27.00 LF 7.09 191.43 5.50 148.50 6.00 162.00 5.00 135.00 Wide 29 8220000019 Paint Line 406.00 LF 4.25 1,725.50 2.50 1,015.00 2.20 893.20 1.00 406.00 30 8220000014 Approach Stripe(8-22) 13.00 LF 7.09 92.17 11.00 143.00 11.00 143.00 6.00 78.00 31 8220682924 Plastic Stop Bar 66.00 LF 17.00 1,122.00 11.00 726.00 11.00 726.00 7.00 462.00 32 82200M6833 PlasticTraffic Arrow 2.00 EA 127.53 255.06 165.00 330.00 170.00 340.00 150.00 300.00 33 8220006857 Plastic Crosswalk Stripe 295.00 SF 7.09 2,091.55 4.00 1,180.00 4.00 1,180.00 5.00 1,475.00 34 8220006807 Profiled Plastic Line 140.00 LF 16.35 2,289.00 8.30 1,162.00 8.00 1,120.00 8.00 1,120.00 Sub-Total: 281,848.68 275,596.00 279,039.20 296,923.00 Grand Total: 281,848.68 275,596.00 279,039.20 296,923.00 Total Bid: 281,848.68 275.596.00 279,039.20_ 296,923.00 Calc/Entered Bid Diff.: Difference from Low Vendor: 3,443.20 21,327.00 Total Subcontractors: Run By: James P.Wilhoit , Generated by a SharpeSoft Product • • • 6 • • • • 4 . 7/30/2008 City of Renton - Transportation • Page 3 of 6 2:16 pm SR900 (Sunset)/ Hoquiam Avenue NE Signalization Project Number:t12601 Contract No:CAG08-101 Bid Results Analysis .Btd,Date. Sunil :;••...�.,;,;.:•.• <rs.,mr1.2:b :AM�,._..,�.:;,., _.,>. ;` - ;.'_ - - ay �, , .,., Q,, ,Eri ineer° `" TST Pnc:%Dba.�Tiavers.Ele;ctrc;.. - �To4etrm?Eleta'�ic `� D,enpiseR;C�ai''Constrdctton'�Iric:: r.' t' .��rb r.11•' 2 'En sneer:" ,tJame ;P�Wiihoit '' '1.{�'r Ki ',Estimate -,, ,• y 4 -,: PO-Bo '59'S�w44';',•-," R:�;y,9.,ro.« :r',tj, .�,.,•i„ , -'"1�',,i:', .lr,:«1..,;r•= .,,,w .tf ,« ;z � 9 .,�w e ,ti•,. .s„ r w ., �.., � G ,,., . ..,.., . '-;r %51'1,,'Y,;:,'•''.' ..,. ,. ,,� „• .-...,;.•,..;.,;.,_„v>:�...:...... .:.:•��;�.�r,,':Redmo�id��VV��,,000'0.9=80731; h,�,,,�` .,., .,.,., J� ,�..I,�,«�,. �.t,a, ..,��•, � +,,....p.�3nt do .", , - ... � ., „7�..�-;..... a=w��, ,�,. ,..,i.,:,. _ r..: ,.. :-„�v„.ii,.. ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 01 1040001321 Minor Change 1.00 EST 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 02 1050000001 Contractor Supplied 1.00 LS 7,085.00 7,085.00 5,500.00 5,500.00 11,250.00 11,250.00 5,605.00 5,605.00 Surveying 03 1070006490 Temporary Water 1.00 LS 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 Pollution/Erosion Control 04 1070007736 SPCC Plan 1.00 LS 545.00 545.00 750.00 750.00 3,581.00 3,581.00 450.00 450.00 05 1070017001 Pothole Utilities 1.00 EST 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 06 1070017003 Resolution of Utility Confli 1.00 FA 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 07 1090000008 Mobilization/Demobilization, 1.00 LS 19,620.00 19,620.00 33,125.00 33,125.00 33,139.00 33,139.00 31,798.00 31,798.00 Site Preparation&Clean-up 08 1100020002 Project Temporary Traffic 1.00 LS 27,250.00 27,250.00 27,170.00 27,170.00 34,273.00 34,273.00 55,980.00 55,980.00 Control 09 2010000035 Clearing and Grubbing 1.00 LS 10,900.00 10,900.00 3,600.00 3,600.00 9,270.00 9,270.00 10,600.00 10,600.00 10 5040000004 Sawcut 225.00 LF 8.50 1,912.50 5.50 1,237.50 3.60 810.00 2.50 562.50 11 2020000100 Remove Sidewalk,Including 50.00 SY 42.51 2,125.50 13.25 662.50 39.38 1,969.00 26.50 1,325.00 Haul 12 8040000005 Remove Curb and Gutter 20.00 LF 28.34 566.80 26.40 528.00 12.38 247.60 17.95 359.00 13 5020000002 Cold Mix Asphalt Concrete 5.00 TON 212.55 1,062.75 142.75 713.75 109.13 545.65 250.00 1,250.00 14 2020000121 Asphalt Concrete Pavement 115.00 SY 56.68 6,518.20 10.95 1,259.25 31.50 3,622.50 26.50 3,047.50 Removal 15 2030000310 Roadway Excavation Incl. 10.00 CY 85.02 850.20 55.95 559.50 67.50 675.00 65.50 655.00 Haul 16 4020000431 Gravel Borrow Incl.Haul 56.00 TON 70.85 3,967.60 35.45 1,985.20 39.38 2,205.28 45.00 2,520.00 17 4040005120 Crushed Surfacing Base 115.00 TON 85.02 9,777.30 30.50 3,507.50 73.13 8,409.95 48.50 5,577.50 Course 18 5040000114 HMA Cl.1/2 In.PG 64-22 170.00 TON 163.50 27,795.00 146.25 24,862.50 176.03 29,925.10 144.00 24,480.00 19 8110006751 Beam Guardrail Type 1 252.00 LF 35.43 8,928.36 41.40 10,432.80 40.00 10,080.00 38.80_ 9,777.60 20 8110006771 Beam Guardrail Anchor Type 2.00 EA 1,133.60 2,267.20 880.00 1,760.00 880.00 1,760.00 855.50 1,711.00 Run By: James P.Wilhoit Generated bye SharpeSoft Product r 7/30/2008 City of Renton - Transportation Page 4 of 6 2:16 pm SR900 (Sunset)/ Floquiam Avenue NE Signalization Project Number:t12601 Contract No:CAG08-101 Bid Results Analysis i"'Fd..r ,,P,l'^'i• nt;, r,,w�W'.n -w;_• ,,a, - ',•�;..; - - w:�;.. .;t.�. �a i - a-rr•�F-^ a..i.,:. c •::;!!!:•,! .:r4'."r `•' ,""•'• :'� '_ =.'.. i`.sp..x+•• '•tt.:!';..-:r'4f:-,r:.,;a ;f .(;i• v Y.} �,1, .•4441: , `u . .::::;:.:::Y'i;�- - Bid:Date.• r Sunda .k, LA- :.En m'' "": ..i r' r` - '^TST'.Iric::Dba>T-a�er• , ":,.ric .._- - <Totem'°Elect::$!:<m -4,7 ''is.R::Crai 'ConStructio.'il' r. 2.00 AM :,.... ..,� .,. dk :�.._.. to �� ,h-;!y.._„-„ _ r, _ .r.•w �- ..,., �,,..r w. .. ,.. - -:. - ��`��;:E timat®' SPO:°Box-59"5 :�•. :�'�,., Engrneer., ti>JJames•P..Wilhoit „� r, �. s 'fir'':.; �. a I ' ,'�J=!- �-r^,.��...'' ;...•.i�y,';.4' , . , •. ; ;r - - _... • - . , •- ,•:•,,•::14,--) i i'(.., ,1: 4Redm01,d0NA.'00009x80;73.a�� ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 21 2020000800 Removing Guardrail 255.00 LF 21.26 5,421.30 12.65 3,225.75 12.50 3,187.50 12.15 3,098.25 22 2020000800 Removing Guardrail Anchor 2.00 LF 708.50 1,417.00 260.00 520.00 249.00 498.00 241.90 483.80 23 8140067057 Cement Conc.Sidewalk 1.00 EA 3,613.35 3,613.35 1,500.00 1,500.00 2,428.00 2,428.00 1,595.00 1,595.00 Ramp Type 2 24 8200006912 Traffic Signal System 1.00 LS 125,350.00 125,350.00 189,105.00 189,105.00 169,190.00 169,190.00 190,740.00 190,740.00 25 8220000187 Removing Paint Line 4"Wide 367.00 LF 4.96 1,820.32 1.15 422.05 1.13 414.71 1.20 440.40 26 8220000187 Removing Paint Line 8"Wide 65.00 LF 5.67 368.55 2.30 149.50 2.25 146.25 2.35 152.75 27 8220000200 Removing Plastic Traffic 1.00 EA 170.04 170.04 175.00 175.00 169.00 169.00 168.00 168.00 28 8220000187 Removing Plastic Line 24" 27.00 LF 7.09 191.43 5.75 155.25 5.63 152.01 5.90 159.30 Wide 29 8220000019 Paint Line 406.00 LF 4.25 1,725.50 1.15 466.90 1.13 458.78 1.20 487.20 30 8220000014 Approach Stripe(8-22) 13.00 LF 7.09 92.17 5.75 74.75 5.63 73.19 5.90 76.70 31 8220682924 Plastic Stop Bar 66.00 LF 17.00 1,122.00 6.90 455.40 6.75 445.50 7.10 468.60 32 82200M6833 PlasticTraffic Arrow 2.00 EA 127.53 255.06 143.75 287.50 140.63 281.26 147.50 295.00 33 8220006857 Plastic Crosswalk Stripe 295.00 SF 7.09 2,091.55 4.60 1,357.00 4.50 1,327.50 4.70 1,386.50 34 8220006807 Profiled Plastic Line 140.00 LF 16.35 2,289.00 8.05 1,127.00 7.88 1,103.20 8.25 1,155.00 Grand Total: 281,848.68 321,424.60 336,387.98 361,154.60 Total Bid: 281,848.68 321.424.60 336,387.98 361,154.60 Calc/Entered Bid Diff.: Difference from Low Vendor: 45,828.60 60,791.98 85,558.60 Total Subcontractors: Run By: James P.Wilhoit . Generated by a SharpeSoft Product • III III ,. ,h i • • • 7/30/2008 City of Renton -Transportation Page 5 of 6 2:16 pm SR900 (Sunset)/ Hoquiam Avenue NE Signalization Project Number:t12601 Contract No:CAG08-101 Bid Results Analysis a+ B1d::Date: - unda ,�:. .�'•- ,.,.1 t0 ' �„� ,r... ,, ,'+i, 2 0 'M.. i;,t.. Y - ,h. wiF, :.a.l�,,. �N k s, I ,E�n !neer.. Jame$P,.Wilholt � i ,1. Bid Statistics • �'��" r m,�:ti s' ' `tv.. ^t :r- 1�� -�� ,.:.:10, ...:.: ,gin _ ..s� _: , ITEM ITEM CODE DESCRIPTION QUANTITY UNIT Low High Avg 01 1040001321 Minor Change 1.00 EST 2,000.00 2,000.00 2,000.00 02 1050000001 Contractor Supplied 1.00 LS 5,000.00 11,250.00 6,809.17 Surveying 03 1070006490 Temporary Water 1.00 LS 1,000.00 1,000.00 1,000.00 Pollution/Erosion Control 104 1070007736 SPCC Plan 1.00 LS 450.00 3,581.00 1,155.17 05 1070017001 Pothole Utilities 1.00 EST 750.00 750.00 750.00 06 1070017003 Resolution of UtilityConfli 1 0 .0 FA 1,000.00 1,000.00 1,000.00 07 1090000008 Mobilization/Demobilization, 1.00 LS 23,000.00 33,139.00 29,660.33 Site Preparation&Clean-up 08 1100020002 Project Temporary Traffic 1.00 LS 17,000.00 55,980.00 30,695.50 Control 09 2010000035 Clearing and Grubbing 1.00 LS 2,400.00 10,600.00 5,528.33 10 5040000004 Sawcut 225.00 LF 2.00 30.00 8.10 I11 2020000100 Remove Sidewalk,Including 50.00 SY 13.00 39.38 21.86 Haul 12 8040000005 Remove Curb and Gutter 20.00 LF 6.00 28.00 19.12 13 5020000002 Cold Mix Asphalt Concrete 5.00 TON 109.13 355.00 182.81 14 2020000121 Asphalt Concrete Pavement 115.00 SY 9.45 33.00 21.40 Removal 15 2030000310 Roadway Excavation Incl. 10.00 CY 47.00 70.00 59.10 Haul 16 4020000431 Gravel Borrow Incl.Haul 56.00 TON 31.00 45.00 37.64 17 4040005120 Crushed Surfacing Base 115.00 TON 26.00 73.13 48.36 Course 118 5040000114 HMA Cl.1/2 In.PG 64-22 170.00 TON 130.00 176.03 147.21 119 8110006751 Beam Guardrail Type 1 252.00 LF 35.00 41.40 38.53 120 8110006771 Beam Guardrail Anchor Type 2.00 EA 800.00 880.00 846.25 Run By: James P.Wilhoit Generated by a SharpeSoft Product 7/30/2008 City of Renton -Transportation Page 6 of 6 2:16 pm SR900 (Sunset)/ Hoquiam Avenue NE Signalization Project Number:t12601 Contract No:CAG08-101 Bid Results Analysis Bld Da e.. S V ,.::,... . t a. unda 12.00 AM �'n .�C'�F'�4aN W:M��?�`.�� rre;k+rv7��tT"1 ... i • :Engineer James P'Wilhoit a,� �' e . Bid Statistics a ,_ .'n.. ...e..,:.arti:;dsiMt. . ,u-.ItfeAK . . ... - .- .., ,, ,.di'7: 4i. ,k ITEM ITEM CODE DESCRIPTION QUANTITY UNIT Low High Avg 1 121 2020000800 Removing Guardrail 255.00 LF 11.00 12.65 11.88 22 2020000800 Removing Guardrail Anchor 2.00 LF 225.00 260.00 240.44 I23 8140067057 Cement Conc.Sidewalk 1.00 EA 1,500.00 6,000.00 2,692.46 Ramp Type 2 124 8200006912 Traffic Signal System 1.00 LS 143,749.00 190,740.00 170,464.00 25 8220000187 Removing Paint Line 4"Wide 367.00 LF 1.00 3.00 1.75 26 8220000187 Removing Paint Line 8"Wide 65.00 LF 2.00 3.00 2.48 27 8220000200 Removing Plastic Traffic 1.00 EA 110.00 175.00 151.17 Marking_ • I28 8220000187 Removing Plastic Line 24" 27.00 LF 5.00 6.00 5.63 Wide 129 8220000019 Paint Line 406.00 LF 1.00 2.50 1.53 130 8220000014 Approach Stripe(8-22) 13.00 LF 5.63 11.00 7.55 31 8220682924 Plastic Stop Bar 66.00 LF 6.75 11.00 8.29 32 82200M6833 PlasticTraffic Arrow 2.00 EA 140.63 170.00 152.81 133 8220006857 Plastic Crosswalk Stripe 295.00 SF 4.00 5.00 4.47 134 8220006807 Profiled Plastic Line 140.00 LF 7.88 8.30 8.08 Run By: James P.Wilhoit Generated by a SharpeSok Product • III III ,. .I • CITY OF RENTON BID TABULATION SHEET Page 1 of 1 ROJECT: SR 900(NE Sunset Blvd.)and Hoquiam Ave.NE Traffic Signal Project; CAG-08-101 ATE: July 23,2008 FORMS BID BIDDER Proposal Bid Triple Sched.Of Addendum Bond Form Prices #1 Construct Co. 1621 Pease Ave. x x x x x $275,369.25 Sumner,WA 983090 *$275,596 Cy Morse Dennis R. Craig Construction,Inc. P.O.Box 595 x x x x x $361,154.60 Redmond,WA 98073-0595 Janey Craig Signal Electric,Inc. P.O.Box 6209 x x x x x $273,033.20 Kent,WA 98064 *$279,039.20 Jerry Vosberg Totem Electric,Inc. 2332 S. Jefferson x x x x x $336,387.98 alk.O.Box 1093 acoma,WA 98401-1093 Scott Stephens TST,Inc.dba Travers Electric 122 Sturdevant Rd. x x x x x $321,424.60 Chehalis,WA 98532 Sean Gunter Valley Electric 1100 Merrill Creek Parkway x x x x x $296,923.00 Everett,WA 98203 Andy Ward ENGINEER'S ESTIMATE TOTAL: $282,276.1& • *$281,276.68 LEGEND: *corrected Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL AI#: %</1 • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk August 4, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on July 30, 2008, for CAG-08-074, Correspondence.. 2008 Street Overlay with Curb Ramps Project Ordinance Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (five bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other ^Fiscal Impact: Expenditure Required... $1,074,888.94 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $1,271,183 City Share Total Project.. OF ACTION: • SUMMARY Engineer's Estimate: $1,192,176.29 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Western Asphalt, Inc. in the amount of$1,074,888.94 STAFF RECOMMENDATION: Accept the low bid submitted by Western Asphalt, Inc. in the amount of$1,074,888.94 • I CITY OF RENTON CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS vlJi_ 3 I ?fir; • MEMORANDUMRECEIVED CITY CLERK S OFFICE DATE: July 30, 2008 TO: Bonnie Walton, City Clerk CC: Bob Hanson Ryan Plut FROM: Bill Wressell, x7400 SUBJECT: 2008 Street Overlay with Curb Ramps CAG-08-074 The Transportation Division recommends that the bid from Western Asphalt, Inc. be accepted and the contract for the 2008 Street Overlay with Curb Ramps Project be awarded in the amount of$1,074,888.94. The total budget for the project is $1,271,183, and it is funded by The Street Overlay Program, The Arterial Rehabilitation Program, The Houser Way S-Main to Burnett Project, and Water Capital Improvement Program (CIP) 1111 for the Water Main Rehabilitation Project. The Engineer's estimate for the construction of the 2008 Street Overlay with Curb Ramps, under this contract, is $1,192,176.29. If you have any additional questions or concerns please give me a call. • clerk] BID TABULATION-2008 STREET OVERLAY WITH CURB RAMPS City of Renton Contractor Western Asphalt,Inc Contractor Northwest Asphalt.Inc Contractor ICON Materials.Inc Contractor. Lakeside Industries Contractor. Watson Asphalt BID DATE July 29,2008 Engineers Estimate Paving Co.Inc Item Description Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 043. Adjust Utility Box In Curb Ramp Each 1.00 $25000 $250.00 035000 $35000 $350.00 $35000 $42500 $42500 $5000 $50.00 $45000 $450.00 044 Erosion and Sediment Control Lump Sum 1.00 91.000,00 01,00000 $500.00 $50000 $2,000 00 $2,00000 $6,410.00 56,410.00 $5,000.00 55,000 OD $5,00000 $5,000.00 045 Finish and Clean Up Lump Sum 100 $3,000.00 $3,000.00 $10000 $100,00 $5,00000 25,00000 $9750D $975.00 $5,000.00 $5,00000 $2,000.00 02,000.00 Total Schedule"B" $925,640.00 5824,333.13 5951,25613 $1,002,841.00 $1,134,800 35 $1,202,211.90 Schedule"C" 001 Mobilization Lump Sum 100 610.000.00 910,000 00 $11,830.00 51183000 08,50000 $8,50000 025,50000 025,500.00 55,00000 $5,00000 $15,50000 515,500.00 002 Pooled Temporary Traffic Control Lump Trim 100 $8,00000 08,00000 $4,30000 $4,30000 $11,000 00 011,00000 025,000.00 $25,000 00 010,00000 $10,000 00 028,00000 528,000.00 003 HMA Class 1/2'PG 64-22 Ton 98400 $77.00 675,76800 $8025 $70,96600 $9320 091,70880 68500 583,64000 $97.00 $95,44800 $9300 $91,51200 004. Removing Asphalt Concrete Pavement Square Yard 2,72000 5500 $13,60000 0250 66,80000 0911 024,77920 $5.00 $13,600,00 $400 $10.88000 $350 59,520.00 By Cold Planing 005 Adjust Monument Each 300 $22500 067500 536750 $1,102.50 035000 $1,05000 $27500 0825.00 $35000 51.05000 $35000 51,050.00 006. Adjust Manhole Each 1000 932500 $3,250 00 951975 05,197,50 535000 $3.50000 $425.00 04,25000 649500 54,950.00 $55000 $5,500.00 007. Adjust Water Valve Each 7.00 522500 $1,57500 541475 $290325 $450.00 $3,15000 5275.00 61,92500 $39500 $2,765,00 $35000 $2,450.00 008 Adjust Catch Basin Each 400 $325.00 $1,300.00 9519.75 02.07900 $350.00 61,400.00 $42500 61,700.00 $49500 $1,98000 $550.00 $2,200.00 009 Adjust Gas Valve Each 200 $22500 $450.00 9414.75 $82950 $45000 0900.00 527500 $55000 0500.00 91,000.00 0750.00 91,600.00 010 4'Raised Pavement Marker Each 1,046.00 $1 80 21,88280 5184 31,924.64 5145 $1,51670 $200 $2,09200 9145 91,516.70 9170 61,778,20 ar Type 1,Yellow 011 4'Raised Pavement Marker Each 11300 $4.00 045200 53.60 041584 0340 538420 $400 $45200 $340 9384.20 $390 $440.70 Type 2d,Yellow 012 4'Raised Pavement Marker Each 1500 51000 915000 $1050 015750 51500 322500 91600 924000 $15.00 $22500 $20.00 $30000 Type 2.Blue 013 Plastic Slop Bar Linear Foot 1200 9500 960.00 95.78 96936 0450 05400 0500 960,00 94.50 954.00 $520 962.40 014 Solid White Line 4'(FOG) Linear Foot 4,02000 $0.10 $402.00 $021 $84420 5030 $1,206.00 2100 64,020.00 $0.30 $1,206.00 $035 01,40700 015. Curb Ramp,Cement Concrete Each 200 $2,00000 $4,00000 $1,890 00 03,78000 $1,15000 32.30000 61,700.00 $3,400 00 91,80000 93,60000 52,800.00 35,600.00 Type 106 2 016. Curb Ramp,Cement Concrete Each 1.00 92,00000 $2,00000 51,09000 91,89000 51.150.00 $1,15000 $1,700.00 $1,700 00 61.80000 61,80000 94,10000 94,100.00 Type 107 2 017. Sawcut Concrete Linear Fool 3100 $5.00 015500 09,45 029295 $1 20 $3720 5300 $9300 0900 $279.00 $500 $15500 018. Sawcut Asphall Linear Fool 26200 $5.00 91,31000 9420 $1.100.40 9120 $31440 53.00 978600 $400 $1,04800 $400 01,04800 019 Crushed Surfacing Top Course Ton 15.00 03000 945000 06825 $1,023.73 58600 91.29000 $60.00 $90000 06500 $975.00 $18500 $2,775.00 020 Remove Concrete Curb end Gutter Linear Foot 150.00 $1500 $2.25000 $15.75 92.36250 $1488 02,23200 92500 $3,75000 31500 92.25000 617.00 52,55000 021 Remove Concrete Sidewalk or Curb Ramp Square Yard 6500 935.00 02,275.00 97350 54,77750 $5500 $3,57500 93600 $2,340.00 $70.00 $4,550 00 $32.00 92,08000 022 Remove Asphalt at Curb and Gutter Square Yard 81.00 52000 91.62000 55250 04.202.50 $31 00 92.511 00 $36.00 $2.91600 950.00 54,05000 93200 $2.59200 7/31/2008 Page 4 08-bid tab xis bidtab 110 0 41110 III BID TABULATION-2008 ST VERLAY WITH CURB RAMPS • .... City of Renton Contractor. Western Asphalt,Inc. Contractor: Nonhwest Asphalt,Inc Contractor ICON Materials,Inc Contractor' Lakeside Industries Contractor: Watson Asphalt BID DATE,July 29,2008 Engineers Estimate Paving Co.,Inc Item Description Unit Est Unil Bid Unit Ed LAN Sid Unit Bid Unit Bid Unit Bid No Quantity Price Amount Pnce Amount Pnce Amount Pnce Amount Price Amount Price Amount 022 Plastic Step Bat Linear Foot 175.00 5500 $875.00 9578 $1.011.50 $4.50 $08050 $500 6875.00 $450 878750 $5.20 $91000 023 Plastic Arrow Each 1800 85000 $900.00 $7875 5141750 $5000 $900.00 85200 693600 $5000 0000.00 860.00 $1,080 00 024. Induction Loops Each 3700 $700.00 $25,900.00 $761 25 028.16625 569500 525,71500 8800.00 $29,600 00 $69500 $25,71500 $850,00 $31,450.00 025. Plastic Parking Stalls Unear Foot 175200 8600 510,512.00 $131 $2,295 12 St 00 01.75200 5150 $2,628.00 $1.00 51,752 00 $115 52.014.80 026. Curb Ramp,Cement Concrete Each 200 $2,000.00 $4,000 00 $1,89000 $3,780 00 $1,15000 $2,30000 $1,700 00 $3,400.00 81.800,00 $3,600.00 $2,20000 84400.00 Type 105z 027 Curb Ramp,Cement Concrete Each 600 52,00000 $12,000 00 $1,890 00 511,340 00 $1,150 00 $6.90000 $170000 $10,200 00 $1,800.00 $10,80000 82,80000 $16,800 00 Type 106 2 i 028. Curb Ramp,Cement Concrete Each 2.00 52.00000 $4,000 00 $1,890.00 53,78000 $1,150.00 $2,300.00 $1,700 00 $3,40000 $1,800 00 53.600 00 $4,100 00 58,20000 Type 107.2 029 Curb Ramp,Cement Concrete Each 100 $2,00000 $2,00000 51,89000 $1,890.00 $1.150 00 $1,150 00 $1,700.00 $1,70000 $1,000 00 $1,80000 $4,50000 $4,50000 Type WS00T 4A 030 Retrofit Truncated Domes On Square Foot 142.00 $50.00 $7,100.00 85250 $7,45500 $5000 $7,100 00 955.00 $7,810.00 $5000 $7,100.00 $6000 $8,520.00 Existing Curb Ramps 031 Sawcut Concrete Linear Foot 9900 9500 $495.00 5525 $51975 9473 $46827 $3.00 $297.00 $500 $495.00 $500 $495 00 032 Sawcut Asphalt Linear Fool 361.00 0500 $1,805.00 $368 $1.328.48 $2 16 $77976 $3.00 $1.08300 $350 $1.263.50 $400 $144400 033 Crushed Surfacing Top Course Ton 4000 $30.00 $1,200 00 $5040 52.01600 $5850 52,34000 $4200 $1,680 00 $48.00 $1,920.00 07500 $3,00000 034 Remove Concrete Curb and Gutter Linear Fool 21600 91500 $3,240.00 $1470 93,175.20 $15.00 $3,240.00 $2500 95.40000 $1400 53.024.00 $17.00 53.672 00 035. Remove Concrete Sidewalk or Curb Ramp Square Yard 10800 03500 $3,78000 $61 95 56.69060 $47 15 65,09220 $3300 $3,564 00 65900 66,37200 $3200 03,45600 036 Remeve Asphalt al Curb and Guller Square Yard 8200 520.00 81,64000 542,00 53,44400 53098 62,540.36 $3600 52,95200 $4000 53,28000 $3200 $2,624.00 037. Cement Concrete Curb and Gutter Linear Fool 8700 02500 $2,175 00 $51 45 $4,47615 $19 00 $1,653.00 $2700 $2,34900 $4900 64,26300 $2700 $2,349 00 038 Cement Concrete Sidewalk Square Yerd 4200 66500 $2,730.00 59660 $4,05720 $4200 $1.764 00 57000 $2,94000 $9200 $3,864.00 66000 52.520.00 039 Install Asphalt at Curb&Gutter Ton 1200 $11000 $1,32000 $11500 $1,38000 $7000 $84000 $23000 $276000 $150.00 01,80000 $45000 $5,400.00 040 Topsoil,Type A Ton 100 56000 $60.00 526200 026200 $51600 351600 $140 00 $14000 $50.00 950.00 $85000 $85000 041. Install Sod Square Yard 1600 $2000 $320 00 52400 $38400 510000 $1,60000 $3300 952800 $50.00 $80000 860.00 $96000 042 Relocate Sign Each 2.00 $10000 $200.00 $30000 560000 550000 $1,000.00 $240.00 048000 0200.00 6400.00 $50000 $1,000.00 7/3112008 Page 3 08-bid lab.xls bidtab BID TABULATION-2008 STREET OVERLAY WITH CURB RAMPS City of Renton Contractor, Western Asphalt,Inc. Contractor Northwest Asphalt.Inc. Contractor ICON Materials,Inc. Contractor: Lakeside Industries Contractor Watson Asphalt BID DATE:July 29.2008 Engineers Estimate Paving Co.,Inc Item Description Unit Esl, Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No, Quantity Rice Amount Price Amount Price Amount Price Amount Price Amount Price Amount 002, Project Temporary Traffic Control Lump Sum 100 $75,00000 $75,000 00 1 958.35500 558.35500' 571.00510 $71,005,10 $64.000.00 $64,000 00 $155.000 00 9155.00000 5150,000.00 $150000.00 003 Portable Changeable Message Sign Each 200 52,50000 $5,00000 53,20000 $640000 $1,750 00 $3,500 00 91.26000 $2,520 00 910,000.00 520.00000 $4,000 00 98,00000 001 HMA Class 112'PG64-22 Ton 5,77000 $7700 $444,290.00' 980.00 $461,600 00 $9925 0572,67250 $8500 $490450,00 $97.00 $559,690.00 $9300 $536,81000 005 Removing Asphalt Concrete Pavement Square Yard 85,00 55.00 $425.00 91200 91.02000 930,00 92,55000 95600 94,76000 9475 $40375 93.50 529750 By Cold Planing-2' 006 Removing Asphalt Concrete Pavement Square Yard 23,94400 57,00 $167,608.00 $214 051,240,16 5461 $110,38184 $500 9119,720,00 9475 5113,73400 98,00 $191,552.00 By Cold Planing-4' 007 Remove ACP from Top of Gutter Linear Fool 6.00000 $300 $18,000.00 9150 99000,00 5202 912,120 00 $5.00 930,00000 9200 912,00000 52.00 912,00000 On NE 3rd SI 008, Remove Pavement Square Yard 3.55000 $500 $17,750.00 $570 $20.235 00 57 9.1 528.18700 9500 017.750,00 5650 $23,07500 $1300 $46,15000 By Cold planing--Houser Way and 5 2nd 2'Deep ACP and up to 1'Concrete 009 Adjust Monument Each 1200 022500 $2,700.00 $367.50 $441000 527500 93.300.00 $42500 $5.10000 935000 94,20000 935000 94.20000 OtO. Adjust Manhole Each 3600 532500 $11,70000 851975 918,71100 935000 912,60000 $425 00 915.30000 9405.00 917.820,00 9550.00 $19,80000 011. Adjust Water Valve Each 1800 $22500 $4,050.00 $41475 $7.465,50 945000 $8.100.00 $275.00 94,95000 $39500 97,110,00 835000 $6,300.00 012 Adjust Catch Basin Each 400 9325,00 $1,300.00 5519.75 $2,079.0U $1450,0u 07,00000 $023'00 $1:700'00 $45;.005 'S1':51tt0, 11,9mn5 ..;v...—n& 013. Adjust Gas Valve Each 100 $22500 $900.00 $41475 51 659 00 $450 00 91,800.00 $27500 91,100,00 $500.00 $2,000 00 0750.00 $3,000.00 014 Adlust Qwest Manhole Each 4.00 $350,00 $1,400.00 5918.75 53.675,00 535000 91,100 00 9530.00 92.120.00 $60000 92,400.06 91,00000 94,00000 015, Adjust Monitoring Well Each 1.00 9225,00 $225.00 936750 $36750 9450W 945000 9425W 942500 $65000 $65000 9350.00 9350.00 016. 4-Raised Pavement Marker Each 3,423 00 5180 $6,161.40 $104 $6,298 32 9145 04,063.35 92.00 95.846.00 $1.45 54,983.35 $170 $5.81910 Type 1,Yellow 017 4'Raised Pavement Marker Each 396.00 04,00 $1,584.00 93,68 9145728 0340 $1,34640 $400 91.58400 $3,40 $1,346 40 9390 91,544.40 Type 2d.Yellow 018 4'Raised Pavement Marker Each 7,15700 9180 $12,882 60 5184 $13,16888 $1 45 510.37765 $200 914.31400 9145 510.37765 9170 012.166.90 Type 1.While 019 4'Raised Pavement Marker Each 20800 9400 $1,152 00 3368 01,05984 $340 997920 9400 91.152,00 9340 $97920 9390 91,12320 Type 2e,White 020 4'Raised Pavement Marker Each 1300 910,00 $130,00 $1050 913650 $1500 9195,00 916,00 $20800 915.00 5195,00 $20.00 026000 Type 2.Blue 021 Plastic Crosswalk Linear Foot 144000 $200 $2,880.00 5231 03,32640 $225 03,24000 $3.00 94,32000 9225 $3,24000 $260 $3,74400 7/31/2008 Page 2 08-bid tab xis bldtab • • illo l • BID TABULATION-2008 STVERLAY WITH CURB RAMPS • City of Renton Contractor, Western Asphalt,Inc Contractor Northwest Asphalt,Inc. Contractor, ICON Materials,Inc. Contractor: Lakeside Industries Contractor: Watson Asphalt BID DATE July 29.2008 Engineers Estimate Paving Co.,Inc Item Description Unit Est, Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No Quantity Price Amount Pnce Amount Pnce Amount Price Amount Pnce Amount Pnce Amount Schedule"A" ' 001 Mobilization Lump Sum 1.00 $10,000 00 $10,000 00 96,40000 96.40000 58,50000 $8.500 00 939,670.00 939,67000 45,000 00 $5.00000 $12,00000 912.0000D 002. Project Temporary Traffic Control Lump Sum 100 98,000.00 $8,000 00 $3.00000 63.00000 $8,250 00 98.25000 927,00000 $27,00000 910,000.00 610.000.00 $15.500 00 $15,500 00 SII 003 Asphalt Concrete Paving(00erlay) Ton 69300 $7700 $53,361 00 $7900 954,74700 $98 10 $67,98330 $850D 658,905.00 99700 $67,221 00 $9300 964,449.00 HMA Class 1/2'PG 84-22 004 Removal of Asphalt Concrete Square Yard 2,689.00 $10.00 926,89000 9227 $6,104.03 9516 913,87524 $5.00 913,445.00 33.50 59,411.50 $3.50 $9,411 50 Pavement(by Cold Planing) 005 Adjust Monument Each 500 522500 91,12500 936750 91.837.50 9350.00 $1,75000 $27500 $1,375.00 $35000 91,75000 $35000 $1,750.00 006. Adjust Water Valve Each 1000 $32500 93.25000 $41475 $4,147 50 $45000 $4,500.00 927500 $2,75000 $39500 $3,950.00 $350.00 $3,5000D 007 Adjust Catch Basin Each 100 932500 9325.00 6519,75 351975 635000 935000 945000 345000 $495.00 $49500 $55000 $55000 008 Adjust Meter Box Each 1.00 9225 00 $225 00 9414.75 9414 75 9350 00 9350,00 $450.00 9450 00 9395.00 9395 00 $350.00 $350 00 009 4-Raised Pavement Marker Each 400 $1000 $4000 $420 $1680 $1500 $6000 $1600 $6400 91500 96000 92000 98000 Type 2,Blue 010 Curb Ramp.Cement Concrete Each 100 52,00000 $2,000.00 91.89000 61.89000 31,150 00 91.15000 91.70000 91,70000 91.80000 $1,800 00 $2,800 00 $2.80000 Type 106 2 011, Curb Ramp,Cement Concrete Each 100 $2,000.00 $2,00000 $1,89000 $1.89000 $1.15000 $1,15000 $1,70000 91,70000 97.60000 91,800.00 $4,100 00 $4,10000 Typo 107 2 012. Sawcul Concrete Linear Foot 1200 $500 96000 $1575 818900 51579 $189.48 $300 $3600 $15.00 $18000 $500 $6000 013 Sawcul Asphalt Linear Foot 7100 3500 935500 9735 $521 85 $3.66 $259.86 $300 $21300 $700 $49700 9500 935500 014 Crushed Surfacing Top Course Ton 400 63000 9120.00 $94 50 $37800 415687 9027,48 $8500 9340,00 $9000 $36000 927500 $1,10000 015. Remove Concrete Curb and Gutter Linear Foot 6200 51500 9930.00 518.90 $1,171 80 31500 993000 920.00 61.24000 518.00 $1,11600 920.00 91,24000 016 Remove Concrete Sidewalk or Curb Ramp Square Yard 1800 93500 $63000 $99.75 91,79550 $3000 $540.00 $43.00 $774.00 $95.00 $1,71000 950.00 9900.00 017 Remove Asphalt at Curb and Gutter Square Yard 1400 52500 935000 968.25 $95550 $3000 $420.00 $55.00 $770.00 $65.00 $91000 950.00 4700.00 018 Cement Concrete Curb and Gutter Linear Foot 1600 625.00 $40000 $7560 91.20960 31900 $30400 $27.00 943200 $72.00 31,15200 $55.00 $86000 019 install Asphalt at Curb 8Gu11er Ton 300 912000 $36000 911500 $34500 $21991 965973 $26000 $78000 $15000 $45000 $50000 $1,50000 020 Topsoil,Type A Cubtc Yard 100 $80.00 96000 $26200 $26200 $41000 $410 00 $14000 $140.00 $5000 $5000 $85000 $85000 021 Install Sod Square Yard 400 $2000 980.00 52400 99600 910000 9400.00 93300 913200 $5000 920000 $6000 $240.00 022. Erosion and Sediment Control Lump Sum 1.00 $50000 $500.00 $25000 925000 940000 $400.00 $80000 $80000 61,00000 91,00000 92,000.00 $2,000.00 023 Finish and Clean Up Lump Sum 100 $1,000 00 61000,00 910000 $10000 52.68000 $2,68000 $1,500 00 $1.50000 61,00000 91,00000 $500.00 $500.00 Total Schedule"A" $112,06100 988,241.58 $115,739 09 5154.66600 5110,507.50 6124,81550 Schedule"B" 001. Mobilizelmn Lump Sum 100 $60,00000 360,000.00 662,25000 562,25000 522,60000 $22,600.00 6121,9900D $121,99000 $100,000.00 5100,000.00 980,000.00 $80,00000 7/31/2008 Page 1 08.bid tab tis bldlab • BID TABULATION-2008 STREET OVERLAY WITH CURB RAMPS City of Renton Contractor: Western Asphalt,Inc Contractor Northwest Asphalt Inc. Contractor. CON Materials,Inc. Contractor Lakeside Industries Contractor Watson Asphalt BID DATE'July 29,2008 Engineers Estimate Paving Co.Inc Item Doscnption Unit Est Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No Quantity Price Amount Price Amount Pnce Amount Price Amount Price Amount Pnce Amount 023. Cement Concrete Curb and Gutter Linear Foot 10300 $25.00 $2.575 00 $49.35 $5.083.05 51900 $1.95700 $27.00 52.781.00 $4700 54,841.00 627.00 $2,781.00 024 Cement Concrete Sidewalk 4' Square Yard 5200 56000 83,120 00 59660 85023 20 54200 82,18400 $70 00 $3,640 00 59200 64,78400 56000 $3,120 00 025 Cement Concrete Sidewalk 6' Square Yard 27.00 $8000 $2.16000 912705 53,43035 95200 $1,404 00 $8000 $2,160.00 $12100 $3.26700 $8000 52.160 00 026. Install Asphalt at Curb&Gutter Ton 1500 $11000 $1.650 00 $11500 $1,72500 520000 $3.00000 $15000 62,25000 5150,00 52,25000 $45000 56,750.00 027 Topsoil,Type A Ton 500 86000 930000 5262.00 $1.310.00 6t6800 $64000 $14000 $70000 $5000 $250.00 $300.00 61.50000 028 Install Sod Square Yard 2300 $2000 $460.00 $2400 $55200 $100.00 $2,30000 $35.00 $80500 $5000 51,150.00 56000 $1,380.00 029 Erosion and Sediment Control Lump Sum 100 $50000 $50000 $25000 525000 550000 $50000 $1,35000 $1,35000 91,000.00 61,00000 93.50000 $3,50000 030 Finish and Clean Up Lump Sum 100 $2,00000 82.00000 $100 00 510000 83,00000 53,000.00 81.00000 $1.00000 $1,000.00 $1,000.00 51,500.00 51,500.00 Total Schedule"C" $144,38980 $154,37249 51]].96850 $194,42500 5173,55290 $204,811 30 Subtotal Schedule"A" $112.061,00 $88,24158 $115,73909 $154,666.00 Icon was $110,50750 $124,815 50 9%Sales Tax on Sch"A"only 510,085.49 $7,941 74 $10,416 52 $13.91994 short$520 $9,945 68 611,23340 Total Schedule"A" 5122,14649 $96,18332 $126,155 61 5166,585.94 $120,453 18 $136,048.90 Total Schedule"B" 5925,640.00 $824.33313 $951,256 13 51,002,841.00 Icon has 61,134,80035 51,202,211.90 Total Schedule"C" $144.38980 $154,3]249 $17],96850 $194,425005193,90500 5173,55290 5204.811.30 Total Schedules"A","B"and"C" $5,152,175.29 $1,0]4,88894 31.255,380.24 $1.365,65194 51,365,331,94 51,428,806.43 $1,543,072.10 7/31/2008 Page 5 08-bid tab.xls bidlab 110 III IP i CITY OF RENTON BID TABULATION SHEET OJECT: 2008 Street Overlay with Curb Ramps; CAG-08-074 Page 1 of 1 ATE: July 30,2008 FORMS Revised BID BIDDER Bid Triple Sched.B Adden Adden Adden Bond Form EEO Sched.Prices #1 #2 #3 ICON Materials 6819 S. 228th St. x x x x x x x $1,365,331.95 Kent,WA 98138-2050 *$1,365,851.94 David Gent Northwest Asphalt,Inc. P.O.Box 2260 x x x x x x x $1,255,380.24 Renton,WA 98056 Lance Despain Lakeside Industries 18808 SE 257th St. x x x x x x x $1,428,806.43 Covington,WA 98042 Craig Nickel Satson Asphalt Paving Co.,Inc. P.O.Box 845 x x x x x x x $1,543,072.10 Redmond,WA 98073-0845 Peter C. Schroeder Western Asphalt,Inc. P.O.Box 980 x x x x x x x $1,074,888.94 Maple Valley,WA 98038 Rob D. Meidinger ENGINEER'S ESTIMATE $1,211,812.99 • *$1,192,176.29 LEGEND: *corrected Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage 1 CITY OF RENTON COUNCIL AGENDA BILL • AI#: -71 ie, Submitting Data: For Agenda of: Dept/Div/Board.. Community Services/Parks Division August 4, 2008 Staff Contact Todd Black, ext. 6571 Agenda Status Consent X Subject: Public Hearing... Ron Regis Park, Phase II Correspondence Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Consultant Agreement Information Scope of Services, Attachment 'A' Fee Breakdown, Attachment `B' Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $243,249.00 Transfer/Amendment Amount Budgeted $300,000.00 Revenue Generated Total Project Budget $300,000.00 City Share Total Project.. $300,000.00 SUMMARY OF ACTION: The adopted 1994 Master Plan for Ron Regis Park includes two lighted soccer fields, two lighted softball fields, restrooms, basketball court, playground, two picnic shelters and parking. In 1999, Phase I improvements included one lighted all-weather soccer field, one lighted softball field, the basketball court and lighted parking. The proposed Phase. II improvements include converting the existing all-weather soccer field to synthetic turf, adding a lighted synthetic turf soccer field, restrooms/maintenance space, playground, a picnic shelter, and additional lighted parking. Consultant services include design of the construction documents. Provided there is City funding, < the project will be advertised to bid in early 2009. STAFF RECOMMENDATION: • Authorize the Mayor and City Clerk to execute the contract with JGM Landscape Architects in the amount of$243,249.00 for landscape architectural design for Ron Regis Park, Phase II. • • (CY C)S- � COMMUNITY SERVICES DEPARTMENT � MEMORANDUM DATE: July 21, 2008 TO: Marcie Palmer, Council President City Council Members VIA: .) Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administratorr- STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) Todd Black, Capital Project Coordinator(x-6571) SUBJECT: Ron Regis Park—Agreement for Services ISSUE: Should the Mayor and City Clerk be authorized to execute the Agreement for Services with JGM Landscape Architects to provide landscape architecture services? RECOMMENDATION: Staff recommends approval of the Agreement for Services with JGM Landscape Architects in the amount of$243,249.00 for landscape architecture services. BACKGROUND SUMMARY: The adopted 1994 Master Plan for Ron Regis Park includes two lighted soccer fields, two lighted softball fields, restrooms, basketball court, playground, two picnic shelters and parking. In 1999, Phase I improvements included one lighted all-weather soccer field, one lighted softball field, the basketball court, and lighted parking. The proposed Phase II improvements include converting the existing all-weather soccer field to synthetic turf, adding a lighted synthetic turf soccer field, restrooms/maintenance space, playground, a picnic shelter, and additional lighted parking. Consultant services include design of the construction documents. Provided there is City funding, the project will be advertised to bid in early 2009. CONCLUSION: Designing improvements at Ron Regis Park will further fulfill the adopted 1994 Master Plan, and provide additional recreational opportunities for youth and adults at the Park. 4111 1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2008,by and between the CIT. OF RENTON, WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and JGM Landscape Architects whose address is 2800 Northup Way, Suite 100,Bellevue, WA 98004, at which work will be available for inspection, hereinafter called the"CONSULTANT." PROJECT NAME: RON REGIS PARK, PH.II WHEREAS, the City has not sufficient qualified personnel to provide professional services for Ron Regis Ph. II design within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I •SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall prepare such information and.tudies as it may deem pertinent and necessary. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an"Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the studies and report within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated • to perform any such field studies. H:\tblack\m-z\ronregispark\jgmcontract\agreement 1 Approved 06/07 bh/rev06/07 ./ I III OWNERSHIP OF PRODUCTS AND 11111 DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents,notes, maps, drawings,photos, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. IV TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, Scope of Work, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. IIIDelays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. V PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Schedule. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment,and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list dates during which the work was performed and the compensation shall be figured using the Cost Schedule in Exhibit B. Payment for this work shall not exceed$243,249.00 without a written amendment to this contract, agreed to and signed by both parties. Payment for work accomplished shall be on the basis of a lump sum agreement, which includes direct salary cost, overhead, and direct non-salary cost. Progress payments may be claimed monthly as supported by detailed statements, for a proportionate amount of the lump sum fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VII "EXTRA WORK"). IIIAcceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in H:\tblack\m-z1ronregispark\jgmcontract\agreement 2 Approved 06/07 bh/rev06/07 1 writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with • respect to such claims. The Consultant and its subconsultants shall keep available for inspection,by the City, for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VI CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VII. VII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a Written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to • whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. VIII EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide einployee working solely for the Consultant, any fee, commission, percentage,brokerage fee, gifts or any Other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee, gift or contingent fee. Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any • professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees,without written consent of the City. H:\tblack\m-z\ronregispark\jgmcontract\agreement 3 Approved 06/07 bb/rev06/07 4.i If during the time period of this Agreement,the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. . IX NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. X TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar III to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant,with the City's concurrence, desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete 111 the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment H:\tblack\m-z\ronregispark\jgmcontract\agreement 4 Approved 06/07 bh/rev06/07 made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. • E. In the event this Agreement is terminated prior to completion of the work, the original copies of all reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work,required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XI DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Community Services Administrator or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute logal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XII •LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contracrt shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b) the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consltltant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million,unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s) on Consultant's policy, with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. • The limits of said insurance shall not, however, limit the liability of Consultant hereunder. H:\tblack\m-z\ronregispark\jgmcontract\agreement 5 Approved 06/07 bh/rev06/07 r All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all 411 required coverages in full force and effect during the life of this project, and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or tei nunation of this agreement. XIII SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. • XIV COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation,promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. • H:\tblack\m-z\ronregispark\jgmcontract\agreement 6 Approved 06/07 bh/rev06/07 ' T p ' XV • EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have e);ecuted this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON Signature Date Denis Law,Mayor Date David McNeal, FASLA ATTEST: Principal Bonnie I. Walton, City Clerk 1111 • H:\tblack\m-z\ronregispark\jgmcontract\agreement 7 Approved 06/07 bh/rev06/07 RESOLUTION NO. 3229 • CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It • shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: • Mayor Council President Attest: City Cler! V • H:\tblack\m-z\ronregispark\jgmcontract\agreement 8 Approved 06/07 bh/rev06/07 Y • •f7 AFFIDAVIT OF COMPLIANCE hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees artd applicants for employment without regard to the race, creed, color, sex,national origin, age,disability or veteran status. II. complies with all applicable federal, (Name of contractor/subcontractor/consultant/fupplier) state and local laws governing non-discrimination in employment. II. When applicable, will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s)with the contract. • H:\tblack\m-z\ronregispark\jgmcontract\agreement 9 Approved 06/07 bh/rev06/07 k3::::A LAN S ?E'ARL�m DTECTS 0 ATTACHMENT A SCOPE OF SERVICES RON REGIS PARK July 7,2008 JGM will perform the following tasks in connection with the Ron Regis Park Improvement Project: Task 1: Basic Services - Develop Schematic Plan Meet on-site with Renton Parks staff to review proposed improvements and expansions to the existing park facilities. Prepare a Schematic Plan design for proposed improvements to the park. This plan will include the following key park elements: One (1) new lighted, synthetic-surfaced soccer field; renovation of one (1) existing soccer field to add synthetic surfacing and related improvements; children's playground, restroom building, one(1)picnic shelter structure, expansion of existing parking area and related improvements, site furniture, required utility extensions, pathways/trails. Meet with Renton Parks staff to review proposed improvements. Prepare necessary data and drawings for reviews. Deliverables: Five (5) half-size copies of SD drawing(s) of proposed park improvements, • including a list of proposed materials for use on the project. Task 2: Basic Services -Design Development Drawings Prepare drawings to the design development level for key park elements identified and confirmed on the Schematic Plan. Basic services provided include landscape architectural services, layout, demolition, site plan, irrigation and site improvements. The drawings will detail designs that will ensure the following appropriately relate to the entire park: structure locations, circulation patterns, planting forms, description of materials, general grading and drainage strategy. JGM will work with Renton Parks staff to identify the major park elements based on the Schematic Plan process; acquire any necessary design information; address and resolve any design issues and/or required corrections/modifications. Submissions to Renton Parks staff — 50% and 100% for review and comments. Deliverables: Five (5) half-size copies of DD drawing(s) of proposed park improvements, including a Preliminary Opinion of Probable Construction Costs. Task 3: Basic Services - Construction Document Drawings Prepare drawings, technical specifications and related documents to the construction document level for major park elements identified during the Design Development phase that can be constructed with available capital funds. Basic services provided include landscape architectural services, layout, demolition, site plan, irrigation and site 111 improvements. The drawings and technical specifications will be used to bid and construct the proposed park improvements. JGM will work with Renton Parks staff to address and resolve any design issues and/or required corrections/modifications. Submissions to Renton Parks staff—60%, 95% and 100% for review and comments. ATTACHMENT A SCOPE OF SERVICES RON REGIS PARK July 7, 2008 41) Deliverables: Five (5)full-size copies of CD drawing(s) and technical specifications of proposed park improvements including a revised Opinion of Probable Construction Costs. Task 4: Basic Services - Bidding Assist during bid period to answer questions, prepare addenda and check references of apparent low bidder. Deliverables: Addenda and Reference Check Report Task 5: Basic Services - Construction Services Construction services are not included in this project scope. Task 6: Basic Services - Project Closeout Project closeout services are not included in this project scope. Task 7: Additional Services—Electrical, Parking and Field Lighting Engineering Prepare drawings and details for expansion to existing electrical, field lighting and parking area lighting systems. Prepare technical specifications for designed work. Prepare limited estimate of probable construction costs for designed work. Construction • services are not included in this project scope. Deliverables: Completed electrical and field lighting drawings, details and related technical specifications. Task 8: Additional Services—Civil, Water and Sanitary Sewer Utility Engineering Prepare water utility engineering drawings and details for extending domestic water service across State Route 169 toi the park site. Prepare side sewer extension plans, related details and coordination with Sewer District representatives. Prepare erosion and sediment control plans. Prepare storm drainage report for Level 1 or 3 analysis, meet with permitting agency for BMP determination, drainage calculations. Prepare limited estimate of probable construction costs for designed work. All related connection or assessment fees shall be paid to Water district directly by Renton Parks. Construction services are not included in this project scope. Deliverables: Completed Civil, Water Utility and Sanitary Sewer Extension drawings, details and related technical specifications. Task 9: Additional Services—Architectural Design Prepare drawings and details for restroom / maintenance building and picnic shelters. Prepare technical specifications for designed work. Prepare limited estimate of probable construction costs for designed work. Construction services are not included in this • project scope. Page 2 ATTACHMENT A SCOPE OF SERVICES RON REGIS PARK • July 7, 2008 Deliverables: Completed drawings, details and related technical specifications. Task 10: Additional Services - Prepare Special Studies or Reports Limited cultural and archaeological investigation services and additional special studies are not included in this project scope. Task 11: Additional Services - Prepare Permit Applications Prepare applications for the Site Development Plan Review, Public Works Plan Review, Shoreline Substantial Development Permit, Building Permit and submit to City of Renton. Attend pre-submittal and formal submittal meetings. Review with Renton Parks staff and incorporate comments as appropriate. Renton Parks will be responsible for any permit costs and additional follow-up meetings with permitting agencies. Deliverables: Completed permit applications. End of Scope of Services • • Page 3 ATTACHMENT B FEE BREAKDOWN RON REGIS PARK • June 4, 2008 JGM Tasks 1 to 4: Basic Services Compensation Subtotal $196,834.00 Task 5 Construction Services and Task 6 Close-out Deleted ($47,232.00) $2,873,486 MACC x 6.85% (AE Fee Schedule C) = $196,834 Total $149,602.00 SUBCONSULTANT ADDITIONAL SERVICES (Special Reports, Construction Services and Close-out Deleted) Task 7: Additional Services -Electrical and Field Lighting(Cierra Lighting Group) 7.1 Prepare Site Electrical Plan Allow $1,600.00 7.2 Prepare Field Lighting Plan Allow $5,300.00 7.3 Prepare Parking Expansion Lighting Allow $1,000.00 10% Mark-up $740.00 Task 8: Additional Services - Civil and Water Utility Engineering (CTS Engineers) 8.1 Prepare SR 169 Water Main Extension Plans Allow $16,000.00 •.2 Prepare Side Sewer Extension Plans Allow $6,000.00 8.3 Prepare Storm Drainage Plans Allow $8,000.00 8.4 Prepare Erosion Control Plans Allow $6,000.00 8.5 Prepare Storm Drainage Report Allow $6,000.00 8.6 Construction Observation for Utilities Allow $0.00 10% Mark-up $4,200.00 Task 9: Additional Services- Architectural Design (Lewis Architecture) 9.1 Prepare Restroom/Maintenance Plans (Lewis Architecture) Allow $23,484.00 9.2 Prepare Picnic Shelter Plan(Lewis Architecture) Allow $7,068.00 10% Mark-up $3,055.00 Task 10: Additional Services -Prepare Special Reports (Deleted) 10.1 Cultural and Archaeological Services Allow $0.00 10.2 Additional special reports as required by permitting agencies shall be billed as subconsultant fees at cost plus 10% mark-up. Subconsultant Additional Services Compensation Total $88,447.00 • Page 1 7 ATTACHMENT B FEE BREAKDOWN RON REGIS PARK • June 4, 2008 Task 11: Additional Services - Prepare Permit Applications (JGM) 11.1 Prepare Permit Applications Allow $4,200.00 11.2 Attend Pre-submittal Meeting Allow $500.00 11.3 Attend Final Submittal Meeting Allow $500.00 Additional Sevices Compensation Total $93,647.00 Total Fee- Basic and Additional Services Grand Total $243,249.00 Assumptions used in preparing Fee Proposal: New parking area storm drainage connects to existing system. Sanitary side sewer connects to existing Metro trunk line. • Items provided by Renton Parks: Water utility assessment fees for domestic water service to the park. All required permit fees. New Geotechnical Report if required by permitting agencies. Bid Set Printing costs. Record Drawings of existing park facilities and utilities. • Page 2 r CITY OF RENTON COUNCIL AGENDA BILL AI#: 7s "'Submitting Data: Community Services For Agenda of: August 4, 2008 Dept/Div/Board.. Facilities Staff Contact Peter Renner, x6605 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Contract with Heery International for additional City Ordinance Hall space planning, architectural services, and move Resolution management relating to the Benson Hill Annexation. Old Business Exhibits: New Business Issue Paper Study Sessions Information Contract Amendment - additional services. Recommended Action: Approvals: Legal Dept X Refer to Finance Committee. Finance Dept X Risk Management X Fiscal Impact: Expenditure Required... $156,008.00 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. •SUMMARY OF ACTION: Heery International was contracted in March to work with the City on space planning, move management, and the development of permit and construction drawings for work necessitated by the Benson Hill annexation. The work is being done on a time and reimbursable basis. The scope of the original work has expanded and Heery is seeking coverage for potential costs in excess of the original contracted amount of$224,000. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Additional Services amendment with Heery International for annexation-related services. • Rentonnedagnbill/ bh O ± ;, ® ± COMMUNITY SERVICES DEPARTMENT -4>Nrv0� MEMORANDUM DATE: July 16, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ) Denis Law, Mayo FROM: 'Ca Terry Higashiyama, Administrator Community Services, x6606 STAFF CONTACT: Peter Renner, Facilities Director, x6605 SUBJECT: Contract Amendment with Heery International Issue: Should Council authorize the Mayor and City Clerk to sign an Additional Services Amendment with Heery International for space planning, move management, and architectural services related to providing space for additional employees associated with the Benson Hill annexation? Recommendation: Council authorizes the Mayor and City Clerk to sign the Additional Services Amendment • with Heery International. Background: • Space planning activities in advance of Council approval of the Benson Hill Annexation were necessarily limited. • Council authorized the signing of a contract with Heery International to provide architectural, space planning, and move management services for the significant amount of work associated with the Benson Hill annexation. • As the space planning followed its natural course, the need to develop additional space outside of City Hall became apparent and two new Administrators came onboard in the interim. Heery's scope of the work expanded and now includes: o Utilizing the lower level of Fire Station 11 for the Utility Inspectors work group. o Using(new) Fire Station 13 office space for a substantial portion of the Fire Department administrative staff. o Revising the stacking plan to accommodate altered departmental organizations and the location of all Administrators in City Hall. o Reorganizing the City Hall lobby area to be more public and user-friendly. o Review the Mayor's Office entry hallway to be more welcoming. o Additional consulting engineering associated with the above. Council may recall that the budget placeholder of roughly$500,000 in the annexation • budget was set by using our historical average cost to accommodate new employees in City Hall over the past several years—typically cubicle furniture, or a new hard-walled office, and so on. h:\peter renner\peter renner 2008\issuepaperheerycontramend.doc Issue Paper—Heery International Page 2 of 2 July 16,2008 At the same time, the Finance Administrator also indicated that the final cost would be • closer to $1,500,000, based on the premise that considerable construction and reconfiguration would need to take place once actual space planning was performed. Without developed drawings and specifications, cost estimating would be nothing more than a guess. As these plans are developed, it would be possible to hire a cost estimator to provide estimates. However, in our situation of critical need, estimates would provide no real value and would add time to the'schedule. The real costs are determined by the price of construction contracts. For each major portion of the work, such as the purchase of over 200 police lockers, the contract for the development of the Police Substation at the City Center Parking Garage, and the contract for the demo and reconstruction of police locker rooms, we have approached the Council directly for approval. There is one large body of work left to perform, namely the reconstruction of the 3rd floor to accommodate an additional judge and jury room, reduction of the second courtroom, expansion of home detention and parole officer functions, and the replacement of the exercise room and showers. This project will be out for bid shortly and we will again seek Council's approval of the construction contract. Once the number is obtained, we will be able to provide a reasonably accurate estimate of • the cost of completion of the remaining Work, which includes a considerable amount of workstation reconfiguration. Conclusion: Heery's staff has been performing at a high level of efficiency and City partnership. Their services are structured on a time aid material basis within normal and customary cost ranges. We understand that one-tine costs that are directly annexation related are reimbursable through a State program, but that these costs need to pass an audit process. Attachments C: Jay Covington,Chief Administrative Officer Iwen Wang,Finance/IS Administrator • h:\peter renner\peter renner 2008\issuepaperheerycontramend.doc f HEERY design • Additional Services Space Planning and Remodeling for City of Renton 07364.00 Renton,WA Project Project Number City of Renton 06/09/08 Client Date Client authorizes Heery design,a division of Heery International Inc. ("Heery design")to proceed with the following Additional Services as of the earlier of(i)the date Heery began performing the Additional Services or(ii)the date listed above. The Additional Services shall be provided according to the terms in our agreement dated February 29, 2008(the"Base Agreement")as follows: Project Description: Additions and changes to the scope of space planning and remodeling at the City Hall building,Renton,Washington. Scope: The following revisions,changes,and additions modify the original scope of work: • Revised stacking plan to accommodate Community Services Department returning to space in City Hall. • Planning for moving Utilities Group off-site into Fire Station 11. • Planning for moving the Fire Department offices from City Hall off-site into Fire Station 13 and creating storage in Maintenance Space. • Revised stacking plan to accommodate moving the Human Resources Department to Floor 7,Finance Department to Floor 1, Community Services Department to Floor 6,and Fire Department Offices to Floor 5. • Subsequent revised stacking plan to accommodate moving the Human Resources Department to Floor 1,Finance Department to • Floor 5,Community Services Department to Floor 6,Fire Department Office to Floor 7,and IS Department to Floor 3. • Review entry lobby for relocating Volunteer information desk to center of space. • Review Mayor's Office entry. • Required services of Mechanical,Electrical and Structural consulting engineers. • The listed scope changes and additions has extended the schedule of design services by four(4)months. Compensation: Total Contract compensation,on a Time and Expense spent basis to a Maximum Not to Exceed Amount,shall be increased by an amount of $156,008 for services identified above,with a new Contract Maximum Not to Exceed Amount of$380,008. This amount includes time spent and to be spent on the above scope changes,consulting engineers,and extension of the project schedule. Schedule: Design services shall be completed by December 1,2008. Additional Terms and Conditions Applicable to this Additional Services Agreement: If this Agreement is used in conjunction with an AIA document,the term"Additional Services"shall have the same meaning as"Change in Services." Except as otherwise set forth herein,the terms and conditions of the Base Agreement govern this Additional Services Agreement. The parties acknowledge their acceptance by signing in the space provided. Client: City of Renton,Washington Heery design a division of Heery International Inc. By: By: Name: Name: Bill Heitz Title: Title: President •e: Date: C:\Documents and Settings\rlundstr\Desktop\Marketing-Projects\060908-Renton City Hall Additional Design Services.doc CITY OF RENTON COUNCIL AGENDA BILL Al#: 7te, •Submitting Data: For Agenda of: Dept/Div/Board.. Department of Community and August 4, 2008 Economic Development Staff Contact Angie Mathias, x-6576 Agenda Status Consent X Subject: Public Hearing.. PROPOSED ANNEXATION Correspondence.. Earlington Annexation - 10% Notice of Intention to Ordinance Commence Annexation Proceedings Petition Resolution _ Old Business Exhibits: New Business Study Sessions Issue Paper, Annexation Petition Certification, 10% Information Petition Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on July 1, 2008, and the signatures were certified by the King County Department of Assessments on July 16, 2008. The proposed 100.81-acre annexation site is located in Renton's Potential Annexation Area located west of Hardie Avenue Southwest, north of South 134th Street, east of 80th Avenue South, and south of South 130th Street. It abuts the existing City boundary on three sides. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. STAFF RECOMMENDATION: Set August 18, 2008 for a public meeting to consider the 10%Notice of Intention to Commence Annexation Proceedings petition for the proposed Earlington Annexation, acceptance of the proposal, and authorization to circulate the 60%petition. III ��Y p CITY OF RENTON C. • DEPARTMENT OF COMMUNITY & ECONOMIC + ��_ DEVELOPMENT O� MEMORANDUM DATE: July 28, 2008 TO: Marcie Palmer, Council President City Councilmembers VIA: %,DDenis Law, Mayor FROM: Alex Pietsch, Administrator NAle Department of Community & Economic Development STAFF CONTACT: Angie Mathias x 6576 SUBJECT: Proposed Earlington Annexation - 10% Notice of Intent Petition ISSUE: • The City is in receipt of a 10% Notice of Intent petition to annex 100.81 acres by the direct petition method. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition, to decide whether to accept, reject, or geographically modify the proposal, whether to require the assumption of bonded indebtedness, and whether to require the simultaneous adoption of city zoning, consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation Proceedings petition; and • Authorize the circulation of a 60% Direct Petition to Annex for the 100.81- acre area; and • Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation; and • Inform property owners within the proposed annexation area that they will not • be required to assume their proportional share of the City's outstanding • Proposed Earlington Annexation 10% Notice of intent indebtedness ($.07861 per $1,000 of assessed value) as this tax levy is related • to a senior housing bond which will be retired in 2009. BACKGROUND SUMMARY: The irregular-shaped proposed Earlington Annexation site is generally located west of Hardie Avenue Southwest, north of South 134th Street, west of 80th Avenue South, and south of South 130th Street. The annexation will use some covenants to annex that were entered into by property owners in exchange for Renton sewer availability over the last few years. However, the properties with covenants to annex comprise a relatively small portion of the total assessed value. 1. Location: The proposed 100.81-acre Earlington Annexation is bordered by the existing City boundary at the south, east, and partially at the north. 2. Assessed value: The 2008 assessed valuation of the subject annexation site, at current development, is $43,610,800. Of the 127 existing homes, the average assessed value is $332,885. 3. Natural features: The site slopes upward from its eastern boundary toward its western boundary. There is also a slight depression near the center of the annexation area just south of Renton Avenue South. Kirlg County iMAPS identifies no wetlands within the annexation area and no streams in the'proposed annexation. 4. Existing land uses: The existing land uses are residential, a greenhouse nursery 411 commercial business, and vacant land. Of the residential development there are approximately 124 single-family dwellings and three duplexes. The Earlington Ridge subdivision is the newest subdivision in the area with most homes being built in 2005. The estimated existing population is 292 people. 5. Existing zoning: Existing King County zoning is R-6, R-8, and R-12. This area has not been pre-zoned, so zoning will occur concurrently through the annexation process. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Single Family (RSF) and Residential Medium Density (RMD). These designations allow R-8 zoning at a maximum density of eight units per net acre with the RSF designation. The RMD designation allows either R-10 zoning at a maximum density of ten dwelling units per net acre or R-14 with a maximum density of fourteen dwelling units per net acre. 7. School District: The Earlington Annexation Area is a part of the Renton School District. The school district boundaries will not change upon annexation. 8. Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow: 1111 Page 2 of 6 Proposed Earlington Annexation 10% Notice of Intent • Wastewater Utility. Sewer serves a small portion of the proposed annexation area and annexation will allow development to help fill in the gaps of the service area. The annexation site is located within the Renton Sewer Service Area and in the future, developers will extend sewers as new construction occurs in the area. Staff responded that the annexation would result in additional infrastructure, which ultimately will require additional engineering and maintenance staff. The annexation on its own will not trigger direct need for staff, but combined with other similar annexations and future development, additional staff will be needed. Surface Water Utility. Staff noted that the area has storm system infrastructure in nearly all arterial streets. However, most side streets convey stormwater though ditches. As with the existing newer plats in the area, new development will upgrade the stormwater system as it occurs. Staff noted that some of the updates to older areas may require expenditure of capital funds and may increase the demands of staff resources. Staff noted that there is a natural drainage course within the annexation area that may qualify as a stream that would need to be mapped as a critical area. The area has somewhat limited infrastructure and some areas of steep terrain that indicate the potential for slides and runoff issues within new construction sites. Staff indicated that initial documentation, inspection, and maintenance of the annexation area would require immediate staff and resources. However, it is anticipated that the service requirements of the area will gradually return to a level commensurate with the rest of • the City. There are no King County maintained surface water facilities within the annexation area; therefore, the City would assume maintenance responsibility for no stormwater ponds in the annexation area. Water Utility. The subject site is located within the water service area of the City of Renton. The existing City water mains within the annexation area can provide sufficient capacity for fire protection to existing and new single-family development. If the area were to have commercial development it would require water main improvements. However, it is expected that any new commercial development would bear the cost of such improvements. Parks. There are many parks located within approximately one mile of the proposed Earlington Annexation Area. Earlington Park is the park nearest to the annexation site. It is located to the south and is part of the City of Renton park system. Earlington Park is approximately 1.54 acres in size and has a playground area and walking path. Other City of Renton parks that are within one mile of the Earlington annexation area are the Black River Riparian Forest, Cedar River Trail, Jones Park, and several other parks that are located in the downtown area. Due to a variety of barriers, all of these Renton parks are difficult for pedestrians to walk to from the annexation area. State Route 900 and Rainier Avenue South would have to be crossed by any pedestrians travelling to the City parks, except Earlington Park. King County's Bryn Mawr Park is located to the northeast approximately 3/4 of a mile away. It is 4.81 • acres in size and offers walking trails. Skyway Park is also located to the northeast and is approximately one mile away from the Earlington annexation area. It is 23.08 Page 3 of 6 Proposed Earlington Annexation 10% Notice of Intent acres is size and has many amenities including tennis courts, a soccer field, • playground area, and a barbeque area. Fire. Renton's Fire & Emergency Services Department will provide services to the area. Fire District 20 currently serves the area. Police. The Police Department did not indicate any concerns or comments on this proposed annexation. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. Staff notes that streets in the area are narrower than existing City of Renton standards. However, all existing streets do have adequate right-of-way to construct a street section meeting City of Renton standards. Renton Avenue South and South 133`d Place have curb and gutter on both sides of the street, but sidewalks on only one side. These streets do have street lighting, but it is unknown if it meets City standards. All other existing streets in the area have only sporadic locations of curb, gutter, sidewalks, and street lighting. Staff notes that it is expected that street upgrades that meet City of Renton standards will occur at the expense, of new development over time. Staff further noted that the intersection of South Langston Road/South 132nd/80th Avenue South is a High Accident Location. The City may incur costs as a participant with King County to reduce accidents at this location. Staff notes that the City will incur future street lighting energy costs associated with new development. The costs associated with maintenance of existing and new traffic control pavement markings, signage, and street name signage will need to be • considered. The annexation will not require any additional new Transportation Systems staff. The City will assume ownership and responsibility for all existing and new streets in the area. No new agreements or franchises are anticipated as a result of the proposed annexation. Building. The Building section did not indicate any concerns regarding the proposed annexation. The proposed Earlington Annexation is located in an area where it is not required that physical street addresses are changed to the City of Renton addressing system upon annexation. No households within the area will have their physical address changed when the annexation becomes effective. Public Works Maintenance. Staff noted that the portion of roadway along Renton Avenue South that is west of Taylor Avenue Northwest was overlaid within the last five years. Of that roadway, a large section of the westbound outside lane has come apart. Staff further noted that the proposed annexation will not require any need for additional staff, but that the cumulative effects of small annexations will eventually require additional staff. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed • annexation. The subject site is within the City's Potential Annexation Area and has been Page 4 of 6 Proposed Earlington Annexation 10% Notice of Intent • subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Low Density land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU-38). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded essentially on three sides by existing City limits and on one side the Urban Growth Boundary. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Earlington Annexation Area is in the Renton School District. The school district boundaries will not change, the area will remain in the Renton School District. Renton will take over fire and police service for the 100.81 acres upon annexation. Fire District 20 currently serves the proposed annexation area and the King County Sheriff's Department currently provides police protection to the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; This annexation would bring the City limits to the Urban Growth Boundary. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. However, it does bring Renton City limits to the Urban Growth Boundary. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its II/ location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated Page 5 of 6 Proposed Earlington Annexation 10% Notice of Intent urban areas by turning them over to cities as quickly as possible. Because the • subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation area are rural or designated for long term proddctive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. This analysis indicates that due to the extensive amount of roadway that is included in the annexation area, the proposed annexation would have a negative net fiscal impact of$60,074 per year. It is estimated that there is more than 11.5 miles of roads in the area. The boundary extends across the roadway at many portions of its boundary and this nearly doubles the amount of roads in the annexation area. Future annexations in this area will not need to include these roadways and are expected to have less associated roadway costs. However, at full development, with an estimated additional 272 single-family detached units, the fiscal impact would become positive at approximately $76,524 per year (assuming an assessed value of$500,000 per dwelling). The major reason for this is that there is a significant amount of capacity on vacant and re-developable land. These new single-family homes will be priced and assessed higher than what exists there now with the cost for service per capita remaining the same. The area currently does not have any parks within its boundary. If parks were developed to serve the population it is estimated that the annual cost to maintain such parks would be $13,678. CONCLUSION: The proposed Earlington Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. • Page 6 of 6 • King County Department of Assessments Accounting Division Scott Noble 500 Fourth Avenue,ADM-AS-0725 Seattle,WA 98104-2384 Assessor (206)296-5145 FAX(206)296-0106 Email:assessor.info®kingcouuty.gov http://www.kingcounty.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted July 8, 2008 to the King County Department of Assessments by Angie Mathias, Associate Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Earlington Annexation, have been examined, the property taxpayers, tax parcel numbers, and • assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 16th day of July, 2008 Scott Noble, King C unty Assessor • ' 1 4- of-oo, CITY OF RENTON NOTICE OF INTENTION TO COMMENCE JUL 0 1 200 • ANNEXATION PROCEEDINGS RECEIVE© CITY CLERK'S OFFICE UNDER RCW 35A.14.120 zi.vot (Direct Petition Method) (10%PETITION—EARLINGTON ANNEXATION) TO: THE CITY COUNCIL OF SUBMITTED BY: ° LT, ►LITeR THE CITY OF RENTON ADDRESS: 1'3011.1 'k.Pv rTOWE- City Hall, do City Clerk s e F T►is , `f`3 A °1 ?V 7 8 1055 South Grady Way PHONE: ',O(o . 89O e I c''t< Renton, WA 98057 The undersigned are property owners in the proposed annexation area who represent not less than ten percent(10%) of the area's estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. • The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. • Earlington Annexation Petition Page 1 of 2 f Earlington Annexation WARNING: Every person who signs this petition with any other than his or her true name, or who III knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Wain:'�� .c:s -:;;,-ss=` •ti'- as�sF',:�z.�.§- ��` .,.s�sY. .�,'a`�w':E- :9=�A%�"'`t��'"r� '�i :��'� ""�� ,.. --��''3:L5r,�:r T�',r`� -r"�-sir-s- �-�'�>;m'� -�'�` ,` : -+-'i w�. `,:5x�'�k.,.r:�• - .''��"' :_.� .�'�•�:.r__.- 5t;,g.?z-;: - ,�,:e��..�.., �- '' :1 - (� t: _ ,ter: -`.frti :.:r?`:,;.,- -4;41..,-: r ;tf o-• `'"`_' "t-.- '-�_�_"-�,..-.; - �: ,.,,.'`;,,:r �`;�`�:;;y'a��`',_x�e��,�`�',�-'�'��'��?j�g�"�� st m s.-�_�i`v�`'.�� ;r �� ^�,•`s+,`"�t��'�-'��'S9"",: �; �� ti;�AS�-CS.S �alU��: a s. u - e- _ `p awn -A„ + ' �, I.,-;.�.x :=F ','-7,--;' ,--,,,-; -,-,,:i,,,nul''$ecor�"r'>' 9 3.00 tom^ y�`�. T €�' -� '+e.� �.t�.yN-xs:1 ��, Fmts � -'s bt uv IIey.o , 0 1 Pii_0 9' "" ..: 3na s; 3` . 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S ti t Lt , WA 98(12 ta 111c/800.4s- 1 "Ta; pj O 7 �� 7FLLC •b/ °/t( 0. _ ,, y2z So /521Y`se® S?5- 36 9/ 3. ►y4S00S3.S 'A33/0 19 LjD 1,-,11 4 Sma rr ' t f OA l_0--._— G, /.S.. /3 D'sf )/NY o y76 � - S4. ra �'�%/ 67azSan 71.72;� zi'�i'oyzc733�',' tfoog 1 -:, I __ ,, 1:3ti i k Ave sta IfY�`floO3aS 1/62, 000 5. 2f`f tf f0 0300 i.2s-70O0 * ge Tdvn Y vn5 S tfP 9 18 l 026 (� 0r -_ 7 4- _ _ 2 3'tc 7 Kqr&o tAiie S1 6. /23 �© t bio( 2/ 5llft✓a;o{ 231. x,-2/2.` ' • , (/'o 3 C x if 73 7. 3 p s ry W1t 1qI so08/o 3 000 • b y ' �'J '' 9CgastI3Lit6 , 8. a'o i' -"'`. t W 4 500026 5 1 �) ,000 P0006. ii( 6 9. 11'1103 '1(L �� : ' ` .,_3 L�,or w 2/1I65O02e0 3 35' Oo 10. -7) f n __:\(Li& -_.: .__ P QE-V II/ Page 2 of 2 • EARLINGTON ANNEXATION LEGAL DESCRIPTION Those portions of the Northeast quarter of Section 13,Township 23 North,Range 4 East, W.M. and the Northwest quarter of Section 18,Township 23 North,Range 5 East, W.M., in King County,Washington,described as follows: Beginning at the intersection of the westerly right of way margin of Oakesdale Ave SW and the southerly margin of the City of Seattle's Cedar River pipeline right of way, said southerly margin also being the limits of the City of Renton as annexed under Ordinance No. 3845; Thence northerly along the northerly extension of said westerly margin crossing said pipeline right of way and S 134th St to an intersection with the northerly right of way margin of said S 134th St; Thence southeasterly along said northerly margin to an intersection with the southwesterly right of way margin of S Langston Rd; Thence northwesterly along said southwesterly margin to an intersection with the southerly extension of the westerly right of way margin of 80th Ave S; Thence northerly along said southerly extension,crossing Said S Langston Road and S 11111 132nd St,and continuing northerly along said westerly margin and the northerly extension thereof, crossing S 130th St to an intersection with the northerly right of way margin of said S 130th St; Thence easterly along said northerly margin and its easterly extension,crossing 80th Ave S,Renton Ave S and 84th Ave S to an intersection with the easterly right of way margin of said 84th Ave S; Thence northerly along said easterly margin to an intersection with the southerly right of way margin of NW 3` St and the existing limit line of the City of Renton as annexed under City of Renton Ordinance No. 1461; Thence generally easterly, southerly and westerly along the said existing limits as annexed under City of Renton Ordinance Nos. 1461, 1579, 1461, 1968, 1461, 1320, 2022, 1580, 1320, 1526, 3845,to the point of beginning. 1 of 1 06/20/2008 6:56 AM • 4 . 4 ili . . L . - -: fa �N.W 3rd PI "_ . NW 3rd St Z, 2 11 j� �� ^• •la H a .,. iy h I S 130tti'Sf o •,, , m J tc = AT,1willo`� yFC1 1� To'' a. ■ CO NW2ndPI. Icv •int2r et MN ' S32fldI eA 6 I W 1 - :ohm� S 132nd St IVW'2nd Si— , ,.i:,) PIA St— "gum, � Ae do . .o . 0,*.--111 'Ao\ 'n N ti, Q ric 5;?a�st , ... _ . S ath P� •4 ariiith-si •��, .1 , . . , giii* o* siy„ .111, *le Q„Irmalarr S2nasr mu .• `S r3s�h St oir \Q 4 y ` f��'/1,Qo,4 \, s 734th St 111 , t yieso 11, o s.”.*sit—smqiw g kh 4104 4,..CZZ.,lir k o Iiiiit to ' ,/140* ----g: 41111rr * 42"..M1 / I. Ili II. pfttirt41.- it 11104;, . N • ft.4 ilk Awfar ..c, 6�;Y Department of Community Earlington Annexation • • & Economic Development Legend Exhibit 1 ENT Alex Pietsch,Administrator 1,j Earlington Annexation Boundary June 16,2008 Adriana Johnson,Planning Technician cj City Limits N 0 250 500 Produced by City of Renton(c)2008,the City of 'Feet Renton all rights reserved,No warranties of any sort, File Name H:\EDNSP\GIS_projects\annexations\eadington 1:5,000 including but not limited to accuracy,fitness or \mxds\eadington_annexation exhibitl.mod merchantability,accompany this product. Nr- • CITY OF RENTON COUNCIL AGENDA BILL .70 r Submitting Data: Planning/Building/Public Works For Agenda of: August 4, 2008 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Lee Short Plat (LUA08-052). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Short Plat Report and Decision • Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for future street improvements is an area approximately 17.50' x 145' and includes a 15 foot corner radius, (1,061 sq. ft.), along Hoquiam Ave NE and NE 3' St. This dedication is to comply with City of Renton code for new short plats and the Lee Short Plat (LUA08-052). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. 1111 I:\PlanReview\COLSON\Shortplats 2008\Lee SHPL 02m AGNBILL.doc Return Address: City Clerk's Office • City of Renton 1055 South Grady Way Renton,WA 98057 DEED OF DEDICATION Property Tax Parcel Number: 1523059099 Project File k:LUA-08-052,SHPL A Street Intersection Hoquiam Ave.NE and NE 3rd Street Reference Number(s)of Documents assigned or released Additional reference numbers are on page N/A_ Grantor(s): Grantee(s): I. CamWest West Coast LLC,a I. City of Renton.a Municipal Corporation Washington limited liability company LEGAL DESCRIPTION: (Abbreviated or fill legal must go here. Additional legal on page ) Portion of the S:/of the NE''A of the NW'.6 of the NE i<of Section 15,Township 23 North,Range 5 East, W.M.,in King County,WA. See Exhibit A attached hereto for complete legal description and Exhibit B attached hereto for a map of the dedication area. The Grantor,for and in consideration of mutual benefits conse)s.quit claims,dedicates and donates to the Giantee(s)as named above.the above described real estate situated in the County of King.State of Washington_ IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accented BY: • Grantor(s): CamWest West Coast LLC Grantee(s): City of Renton By:Eric H.Campbell,President of Mayor Denis Law CamWest Development.Inc.,its member and manager City Clerk Bonnie Wal ton STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that Eric H.Campbell appeared before me,and acknowledged that he signed this instrument,on oath stated that he was authorized to execute this instrument,and acknowledged it as the President of CamWest Development.Inc.a Washington corporation, member and manager of CamWest West Coast EEC,a Washington limited liability company,to be the free and voluntary act of such limited liability company_for the uses and purposes mentioned in the instrument._ Notate Seal must be within box Notary Public in and for the State of Washington Notary(Print) _ My appointment expires: Dated: • ,Dedication Deed\CD Page I FORM 04 000libh I • Project: Exhibit A WO# PID Legal Descript{on GRANTOR: Street: LEGAL DESCRIPTION THAT PORTION OF THE SOUTH HALF Olt THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH,RANGE 5 EAST,\.M.,IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;THENCE SOUTH 88°22'10"EAST ALONG THE NORTH LINE THEREOF 17.50 FEET; THENCE SOUTH 10°28'32"WEST 72.14 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 159.00 FEET;THENCE ALONG SAID CURVE AN ARC LENGTH OF 22.59 FEET THROUGH A CENTRAL ANGLE OF 08°08'20";THENCE SOUTH 02°20'11"WEST 30.95 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET;THENCE ALONG SAID CURVE AN ARC LENGTH OF 31.66 FEET THROUGH A CENTRAL ANGLE OF 90°42'21"TO THE NORTH MARGIN OF NORTHEAST 3RD STREET;TI-IENCE NORTH 88°22'10"WEST ALONG SAID MARGIN 21.22 FEET TO THE{WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00°28'32"EAST ALONG )AID LINE 145.00 FEET TO THE • POINT OF BEGINNING. t5,01681 1.91 r°A644.LA2ro i EX►IRES4/d41 5 3/ (,M /DEED\h Page 2 FORM 04 0001/bh • 4. • • Map Exhibit B NW 1/4, NE 1/4, SEC. 15, T. 23 N., R. 5 E., W.M. N.E. 4TH ST. ,B y „ W 660.64' _( N 88'21'09"W I' — — x.11 IS l'14 14 14- 2623.—--- . P,47,,1� 58-22'29-7-;-6-40(N D _"----� - JERICHO ESTATES wi ___ - • _ VOL 234, PGS. 79-80 * TRACT A — — V I Z N 88'22'10' W 120.02' PORTION TO BE CONVEYED �10' lEASEY EASEMENT TO THE CTO OF RENTON FOR SEE EASEMENT PUBLIC ROAD PURPOSES. ' PROVISIONS SHEET 1 RE SEPARATE INSTRUMENT. n W Yto 'Or h 3 m ^ ' 5.904.sq.ft. n q o� .1 z N 88-22.10-' 112.19' 55.18' � 57.01' --4W W PARCEL NO. N 14 1., 1523059108 N U NN W O I 0 z 2 1_ II" mZ Li 21 5.304. sq.ft. o m 5.129. sq.ft. > 1 Q ,L"/ 10' SIEASEMENT SEE EASEMENT -2 op \ PROVISIONS SHEET 1 o — O l z + 41.79' . 57.01' o O 120.02• f • _ N . N.E. 3RD ST. N 88'22'10"W681.77' — — 1�a z 1` I u PAR CEL NO.. PARCEL NO. 12; ,= 1523059154 1523059130 • /Dedication Deed CD Page 3 FORM 04 0001/bh : i ytl�cD ��' °aR 4231# 57514 1 O. oa.4211#. N '- ,Lu 4I I 4. ' air:. �:: .y M ,. Q �.• Q •t m .o .. 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N Lot3 lute 20 ;E=1{99 }' �:' i m 5574# r c,'3B5oe x'3581♦s ,31 32 . 1 ;\5241 •• `'4474# 5352# 4574# 4574# 0 0# 060 �`4 x 30'' 01'50 4724# 4724# 6018# 63054 9231 oN: 9236 0100 0110 0120 oto 0140 'I'ES ono 0160 0190 0200 I •n 1 55 I 55.17 i, `43224 42854 4883# 2 - m N Lot4N N 0300 0310 0320 g _ ----- EJ�j -� t 04 116-4° NE 3RD PL N m 1pit3 _ _ N `(.3ee��8n.�5tt0�# 3�y5r133 • c,ess 1 M sm �� N � -•� �` - N - • 969 29 9239 35';'....8:52 - `' ~ •;;: - - • 1 55 55.1934 33 I T ;'A �'' . o'.Poi,Tlt_E9NT- m 9 Ldt7 LOOS o ^' STORM DRAINAGE • > ?' :> 1 ACI in ,;''..`19v"..,„, �,;';3893� ; ;9241 La "0.g2,40 48524 43260 49304 136604 45004 4600# 46004 46004 45004 46004 46004 4600# 5478# I 588-32-09E 0`360 0340 0330 0360 0090 0000 0070 0060 0060 0040 0030 0020 000 35 55.01 51 2 25 5.0 660 95 r r i.�.. T '20 I • r� .. 67 r - -- 14 )_I,e: E. . , ,, ....„. I rti n •• _ �' • �r 24 AC . . 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SUMMARY AND PURPOSE OF REQUEST REPORT DATE: June 13,2008 Project Name: Lee Short Plat Owner/Applicant: Bruce Knowlton Camwest Development, Inc. 9720 NE 120th Place Kirkland,WA 98034 1 File Number: LUA08-052, SHPL-A Project Manager: Ion Arai, Assistant Planner Project Summary: The applicant is requesting an Administrative Short Plat approval for the subdivision of a 17,399 square foot parcel into three lots for future construction of single-family residences. The site is located within the Residential - 8 dwelling(R- 8)unit per acre zoning designation. The areas of the proposed lots would be: Lot 1 (5,129 square feet), Lot 2 (5,304 square feet), and Lot 3 (5,904 square feet). Access for Lots 1 &2 would be provided on NE 3rd Street via residential driveway and access for Lot 3 would be provided on Hoquiam Avenue NE via residential III driveway. The subdivision proposes to widen Hoquiam Avenue NE to 32 feet with curb, gutter and sidewalk improvements on both sides of the street and extend the street to NE 3rd Street from NE 3rd Place. The applicant is dedicating 1,061 square feet to the City for these Right of Way purposes. There are no critical areas onsite. Project Location: 5100 NE 3rd Street Site Area: 17,399 square feet . ; 4.1 2 L, 7` max_ , • ;',„.N-4-,,:, ::, .; 4 � N 4th StM • � ,, SITE ^ te VyK1 a;y , . vem � , t �• � y U � rnk � ,T" huS ' H y' : - � �G 'r ;te , - .akt, ,J.kir.X :..�P ��.,,� . „4.41/:;V%,--,-;71,r-47'41 t z .wy E3rd;Pl .i i.,-,,,,,,,,,4,,_-,,,,:r:,;:: k :-Kt-,-:5,-..„-'‘'.'- 1-'',::,, _.- ,,*,„ 4„,„.„,.1„.„-igi.,,:_,, . ,-- „...,-Ar.,a,:.--,,, As,.. Rit,ig It. 41 - � t x,� f .�irh- ru m `s¢ ' . ' ? - - -gi- :.-- 7 Project Location Map LUA08-052 REPORT.doc 1 City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 2 of 12 B. EXHIBITS: • Exhibit 1: Project file("yellow file")containing the application,reports, staff comments, and other material pertinent to the review of the project Exhibit 2: Zoning Map Exhibit 3: Preliminary Short Plat(04/30/08) Exhibit 4: Tree Replacement Plan and 5' Wide Required Planting Buffer(04/25/08) Exhibit 5: Conceptual Grading Plan(04/29/08) Exhibit 6: Boundary&Topographic Survey(01/03/08) Exhibit 7: Request for Modification Appro' al (01/30/08) Exhibit 8: Drainage Addendum#2—Summary of Changes and Existing and Proposed Conditions (01/07/08) Exhibit 9: Construction Mitigation Description(03/12/08) C. GENERAL INFORMATION: 1. Owner(s)of Record: Bruce Knowlton Camwest Development 9720 NE 120th Kirkland,WA 98034 2. Zoning Designation: Residential— 8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family(RSF) 4. Existing Site Use: Residential • 5. Neighborhood Characteristics: a. North: Residential Single Family(R-8) b. East: Residential Single Family(R-8) c. South: Residential Single Family(R-8) d. West: Residential Medium Density(R-10)—West Coast Development 6. Access: ' Lot 1 —driveway via Hoquiam Ave NE; Lots 2 &3 — driveways via NE 3rd Street 7. Site Area: 17,399 square feet(0.40 acres) C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 5171 01/08/2006 D. PUBLIC SERVICES: • 1. Utilities a. Water: Water service will be provided by Water District 90. H:IDivision.s1Develop.serlDev&plan.ingtPROJECTS108-051.Ion ILUAO8-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT LUA08-052,SHPL-A Report of June 13,2008 Page 3 of 12 • b. Sewer: There is existing septic service to 5100 NE 3rd Street which will be required to be abandoned in accordance with Seattle/King County Health Depattinent. Camwest Development is extending an 8-inch sewer main in NE 3rd Street to serve this short plat. c. Surface/Storm Water: There are existing storm drainage facilities in NE 3rd Street and Hoquiam Avenue NE. 2. Streets: There are no street improvements fronting the site in Hoquiam Ave NE and NE 3rd Street. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations b. Section 4-4-060: Grading, Excavation and Mining Regulations c. Section 4-4-070: Landscaping d. Section 4-4-080: Parking, Loading and Driveway Regulations e. Section 4-4-130: Tree Retention and Land Clearing Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-040: Sanitary Sewer Standards b. Section 4-6-060: Street Standards c. Section 4-6-080: Water Service Standards d. Section 4-6-090: Utility Lines—Underground Installation 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing Land Use and Plan—General Requirements and Minimum Standards c. Section 4-7-150: Streets—General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots—General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Single Family 2. Community Design Element: G. DEPARTMENT ANALYSIS: 1. Project Description/Background • The applicant is proposing to subdivide a 0.40-acre parcel (17,399 square feet), zoned Residential - 8 (R- 8) dwelling units per acre, into three lots. The proposed eventual development of a three-lot subdivision would arrive at 7.999 dwelling units per acre(du/acre), which is within allowed density range of R-8 zoning (minimum of 4.0 to a maximum of 8.0 du/acre). H:IDivision.slDevelop.serlDev&plan.ingIPROJECTS108-052.Ion lL UA08-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 4 of 12 The property currently contains three existing structures,a carport, a one-story house, and a garage with • shed. The structures are planned to be demolished. There are three trees onsite, which are proposed to be removed for the development of the short plat. The areas of the proposed lots would be: Lot 1 (5,129 square feet), Lot 2 (5,304 square feet), and Lot 3 (5,904 square feet). Access for Lots l&2 would be provided on NE 3rd Street via separate residential driveways and Lot 3's access would be provided on Hoquiam Avenue NE via residential driveway. The subdivision proposes to widen Hoquiarn Avenue NE to 32 feet with curb, gutter and sidewalk improvements on both sides of the street and extend the street to NE 3rd Street from NE 3rd Place. The applicant is dedicating 1,061 square feet to the City for these Right of Way purposes. There are no critical areas onsite. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 127-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city depaitnieits have reviewed the application materials to identify and address issues raised by the proposed development.These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. • 5. Consistency with Short Plat Criteria Approval of a plat is based upon several factors.The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Residential Single Family(RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended for use as quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments.The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family Neighborhoods. • Policy Objective Met ❑ Not Met Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq.ft) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set he standard for density in the designation, but to provide flexibility in subdivision/plat design analfacilitate development within the allowed density range. • Policy Objective Met ❑ Not Met • H:IDivision.s1Develop.serlDev&plan.ingIPROJECTS108-052.Ion lLUA08-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 5 of 12 • Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. • Policy Objective Met ❑ Not Met Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. ® Policy Objective Met ❑ Not Met Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. • Policy Objective Met ❑ Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated Residential - 8 on the City of Renton Zoning Map. The Residential-8 Dwelling Units Per Net Acre Zone (R-8) is established for single-family residential dwellings allowing a range of four(4.0)to eight(8.0) dwelling units per net acre. It is intended to implement the Single Family Land Use Comprehensive Plan designation.Development in the R-8 Zone is intended to create opportunities for new single family residential neighborhoods and to facilitate high-quality infill development that promotes reinvestment in existing single family neighborhoods. It is intended to accommodate uses that are compatible with and support a high-quality residential • environment and add to a sense of community. Density: The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre.Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements.The property does not contain any sensitive areas but does propose a right-of-way dedication of 1,061 square feet for an extension of Hoquiam Avenue NE to NE 3rd Street. Based on three lots and after the required deductions,net density would arrive at approximately 7.999 dwelling units per acre,which is within the allowed density range for the R-8 zone. Lot Dimension: The allowed lot dimensions for the R-8 zone are minimum lot width of 50-foot for interior lot, 60-foot for corner lot and minimum lot depth of 65 feet. As proposed,Lot 1 (interior lot) is 57.01 feet wide, Lot 2's average width is approximately 60.50 feet, which meets the minimum requirement width for a corner lot, and Lot 3 (interior lot) is 55.01 feet wide. Lots 1 &2 are both 89.99 feet deep, while Lot 3's average depth is approximately 111.00 feet deep. All of the lots meet the R-8 zoning designation requirements for width and depth. The minimum lot size for parcels less than one acre within R-8 zoning is 5,000 square feet. The proposed lots have areas of: (Lot 1) 5,129 sq. ft., (Lot 2) 5,304 sq. ft., and (Lot 3)5,904 sq. ft.which meet the R-8 minimum lot size standard. Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along the street is 15 feet for the primary structure and 20 feet for an attached garage and the rear yard is 20 feet. The proposed Lots 1 and 2 would front NE 3rd Avenue, while Lot 3 would front Hoquiam Avenue NE. The proposed lot configuration appears to have adequate space to support the required setbacks. • Building Standards: The R-8 zoning requirements for maximum building height and number of stories are 2 stories and 30 feet in height. The maximum building coverage for lots 5,000 sq. ft. or greater is 35.0%of the lot or 2,500 sq. ft., whichever is greater. The lot coverage requirements for the proposed Lots 1, 2, and 3 would be verified at the time of building permit review. H:IDivision.s1Develop.serlDev&plan.ingIPROJECTS108-052.IonILUA08-052_REPORT doc 1 City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 6 of 12 Parking: The parking regulations require that detached or semi-attached dwellings provide a • minimum of 2 off-street parking space . As proposed, each lot would have adequate area to provide two off-street parking spaces. In addition,the parking regulations require that driveway cuts be located a minimum of 5 feet from the adjoining property line. Compliance with the parking requirements will be verified at the time of building permit review. c) Community Assets The City's landscape code (RMC 4-4-070)requires all short plats to provide a 5-foot landscaped strip in the front yard area of lots that abut a public right-of-way. The applicant will be required to install a 5-foot of landscaped strip aloni the frontage of Hoquiam Avenue NE and NE 3rd Street within the proposed lots. In addition,the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches deciduous) or 6— 8 feet in height(conifer), within the front yard P ( of the proposed lots. If the front yard landscaping is intended to replace trees proposed for removal, then the minimum caliper is 2 inches. The regulations for tree retention in the R-8 zone are as follows: 30.0% of the trees shall be retained or be replaced at a rate calculated by the Tree Retention Worksheet. A conceptual landscape plan was submitted as part of the proposed land use application. There are three existing trees (cherry,pine and an English laurel)located on the site and all three trees would be removed for the development of the short plat. By removing these trees,the applicant would be required to plant 5 replacement trees. The conceptual landscape plan proposes five Norwegian Sunset maples a minimum 2 inch caliper would be planted within the 5-foot planting strip(one in front of Lot 1, one in front of Lot 2, three in the side yard planting strip of Lot 2 and one in front of Lot 3). In addition to the maples, three Shore pines are proposed to be planted in the front yard of Lot 1 (one tree) and Lot 2 (two trees). The submitted conceptual landscape plan complies with the City's landscaping requirements. A detailed landscape plan shall be submitted as part of the Final • Short Plat application. Landscaping would need to be installed prior to final inspection of the building permit. d) Compliance with Subdivision Regulations Streets: The proposed short plat dedicated 1,061 square feet along Hoquiam Avenue NE to extend the street south from NE 3rd Place to NE 3rd Street. NE 3rd Street. This right-of-way dedication was done as part of the West Coast subdivision plat. For more information on this right-of-way dedication and the street improvement Modification involving NE 3rd Avenue, see Request for Modification approval—Exhibit#7. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. Two new lots (credit given for the existing residence)is expected to generate approximately 19.14 new average weekday trips.The fee for the proposed short plat is estimated at$1,435.50($75.00 x 9.57 trips x 2 lots=$1,435.50) and is payable prior to the recording of the short plat. All wire utilities shall be installed underground per the City of Renton UnderGrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public wbrks inspector prior to recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the • requirements of the Subdivision Regulations and the development standards of the R-8 zone and allow for reasonable infill of developable land. As demonstrated in the table below, all lots meet the requirements for minimum lot size, depth, and width. H:IDivision.sWDevelop.serlDev&plan.ingIPROJECTSl08-052.Ion ILUA08-052_REPORT.doc • City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 7 of 12 • Depth(65 FT Width (50 FT Required for Lots 1 3; As Proposed Lot Size(5,000 SQFT MIN.) Required) 60 FT for Lot 2) Lot 1 5,129 SQFT 89.99 FT 57.01 FT Lot 2 5,304 SQFT 89.99 FT 60.50 FT—Calculated Average Lot 3 5,904 SQFT 102.52 FT 55.01 FT All three proposed lots are rectangular in shape and the front yards of Lots 1 and 2 shall be oriented toward NE 31d Street. Lot 3's front yard shall be oriented toward Hoquiam Ave NE. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way via single-family residential driveways. Lot 1 and 2 would access NE 3rd Street and Lot 3 would access off NE Hoquiam Avenue. Topography: The subject property is flat with a gradual slope of approximately 3.0% from east to west. The topography drops about 3.5 feet in elevation over a run of 120 feet. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences that are designated R-8 on the City's zoning map, except across Hoquiam Avenue NE to the west where the West Coast Development is zoned R-10. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. f) Availability and Impact on Public Services(Timeliness) • Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. A Fire Mitigation Fee,based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at$976.00 ($488.00 x 2 new lots=$976.00) and is payable prior to the recording of the short plat. Street addresses shall be visible from a public street. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element(January 16, 1992),the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.44 additional students(0.44 X 2 lots=0.88)to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Elementary, McKnight Middle School and Hazen High School. Surface Water: Project is exempt from detention and water quality under the 1990 King County Surface Water Manual. Preliminary review indicates roof drains will be tightlined to the new storm system in the street. Surface Water System Development Charges (SDC)will be assessed at a rate of$1,012.00 for each new lot. Credit is given to this existing home, which brings the estimated total to$2,024.00 for two new lots (2 lots x$1,012=$2,024.00). This is payable at the time the utility permit is issued. A drainage narrative has been submitted, see Exhibit#8. Erosion control shall comply with Depaitinent of Ecology's most current Stormwater Management Manual. For the duration of construction phase,the applicant supplied a narrative for erosion control, see Exhibit#9. Water and Sanitary Sewer Utilities: The site is served by the Water District 90. A Certificate of • Water Availability was not submitted with the application from the Water District 90. Staff recommends as a condition of approval that the applicant obtain a Certificate of Water Availability, from Water District 90,prior to the approval of any utility construction permits. Sewer is served by the City of Renton. Sewer System Development Charges(SDC)will be assessed based on the size of the new water meters proposed to serve the new lots by Water District. This is payable at the time H:1Division.s1Develop.serlDev&plan.ing1PROJECTS108-052.IonILUA08-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UAO8-052,SHPL-A Report of June 13, 2008 Page 8 of 12 the utility permit is issued. There is existing septic service to 5100 NE 3`d Street. Septic will be required to be abandoned in accordance with King County Health. Sewer hookup will be required. • Side sewers shall be a minimum of 2% Slope. All short plats shall provide a separate,sewer stub to each new lot prior to recording. H. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant,Bruce Knowlton,requests the subdivision of a 0.39 acre site into 3 lots. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan:The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF) land use designation. 4. Zoning: The proposal as presented complies,with the zoning requirements and development standards of the R-8 zoning designation,provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations:The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Residential Single Family i(zoned R-8); East: Residential Single Family(zoned R-8); South: Residential Single Family(zoned R-8); and West: Residential Medium Density(zoned R-10). 7. Setbacks:The proposed lot configuration for the short plat appears to have adequate space to support the • required setbacks for the R-8 zoning development standards. 8. System Development Charges: Development Charges and a Sewer System Development Charges, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 9. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lots. I. CONCLUSIONS: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 (R-8) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Lee Short Plat,File No.LUA08-052,SHPL-A, is approved and is subject to the following conditions: 111 1. The applicant shall pay the required Transportation Mitigation Fee based on$75.00 per net average daily trip prior to the recording of the short plat. The fee is estimated to be $1,435.50. H:(Division.s(Develop.serlDev&plan.inglPROJECTSI08-051.IonILUAM-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT LUA08-052,SHPL-A Report of June 13,2008 Page 9 of 12 • 2. The applicant shall pay a$488.00 Fire Mitigation Fee per unit prior to the recording of the short plat. The fee is estimated to be$976.00. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Ate'(j jt/(Ht /3 200 Neil Watts,Development Services Director Decision Date TRANSMITTED this 13th day of June, 2008 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Bruce Knowlton Camwest Development,Inc. 9720 NE 120th Place Kirkland,WA 98034 TRANSMITTED this 13th day of June, 2008 to the Party(ies)of Record: Matt Moczulewski Eileen Belala Una&C.T.Lee 5112 NE 3rd St 5118 NE 3rd Street 277 Jericho Ave NE Renton,WA 98056 Renton,WA 98059 Renton,WA 98059 Paul&Patricia Proulx Janelle&Bill Falkenstein David&Robin Lowe 325 Jericho Ave NE 5208 NE 3rd St 5119 NE 3rd St • Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 Chris&Kelly Campbell Sandy&Jim Simonson Linda&Steve Pelletier 5101 NE 3rd St 5203 NE 3rd St 5106 NE 3rd St Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 Kari&Shane Schulke Mike&Laurie Mulvihill Jeffrey&Nancy Collin 5113 NE 3rd St 5209 NE 3rd St 5202 NE 3rd St Renton,WA 98055 Renton,WA 98059 Renton,WA 98056 Stephanie Hays 5107 NE 3rd St Renton,WA 98059 TRANSMITTED this 13th day of June, 2008 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Planning Manager Kayren Kittrick, Development Services Jan Conklin,Development Services Carrie Olson,Development Services Renton Reporter •• H:IDivision.slDevelop.serlDev&plan.ingIPROJECTS108-052.Ion ILUA08-052_REPORT.doc 1 • City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT LUA08-052,SHPL-A Report of June 13,2008 Page 10 of 12 Land Use Action Request for Reconsideration,Appeals&Expiration • The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision,any party may request that a decision on a short plat be reopened by the Administrator(Decision-maker). The Administrator(Decision-maker)may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker)finds sufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 27, 2008. An appeal of the decision must be filed within the 14- day appeal period(RCW 43.21.C.075(3); WAC 197-11-680).Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office,Renton City Hall—7th Floor, (425)430-6510. Appeals must be filed in writing,together with the required$75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way,Renton,WA 98057. EXPIRATION: The short plat approval will expire two (2)years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. Two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer), shall be planted or retained within the front yard setback area for the proposed lots. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 3. RMC section 4-4-030.C.5 states that temporary erosion control must be installed and maintained for the duration of the project. This work must comply with the current King County Surface Water Design Manual as adopted by the City of Renton and must be approved by the Development Services Division. Property Services 1. To be sent under separate cover. Fire 1. Structures up to 3,600 SQFT shall require a minimum fire flow of 1,000 gallons per minute for 2 hours. Structures in excess of 3,600 SQFT shall meet a fire flow of 1,500 gallons per minute or comply with the fire flow requirements set forth in Table B—Appendix B of the 2006 International Fire Code. 2. As in accordance with Renton Fire Depaihuent standards, One (1) hydrant shall be required for structures up to 3,600 SQFT and that require a minimum fire flow of 1,000 gallons per minute. The number is also subject to meeting installation spacing requirements that are in accordance with sound • engineering practices. Structures over 3,600 SQFT and having a fire flow requirement of 1,500 gallons per minute or more shall require two (2) hydrants. The number of hydrants for structures over 3,600 SQFT shall also be based on spacing, which shall be in accordance with sound engineering practices. H:IDivision.s1Develop.serlDev&plan.ing\PROJECTS108-052.Ion ILUA08-052_REPORT.doc City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 11 of 12 • 3. Hydrant spacing shall be no greater than 500 feet apart and shall be no greater than 300 feet to the front of any structure all hydrants are to be operational before combustible construction is allowed. 4. Duringconstruction Y P 5. Temporary emergency vehicle access is to be provided throughout the construction period and until permanent access is provided. 6. Temporary address is to be provided and is to be easily identifiable for responding emergency personnel. 7. Fire Mitigation Fees of$488.00 per unit are to be paid prior to Final Plat recording. Plan Review—Sewer 1. Sewer System Development Charges (SDC) will be assessed based on the size of the new water meters proposed to serve the new lots by Water District.This is payable at the time the utility permit is issued. 2. There is existing septic service to 5100 NE 3rd Street. Septic will be required to be abandoned in accordance with King County Health. 3. Separate sewer stubs are required for each new lot prior to recording of the short plat. 4. Minimum slope for side sewers shall be 2%. Plan Review—Surface Water 1. Surface Water System Development charges are required, and based on a rate of $1,012.00 per new single-family lot (estimated total of$2,024.00 with credit for the existing lots). Payment of this fee will be required prior to issuance of utility construction permit. . 2. Roof drains shall be tightlined to the storm system whenever feasible. • 3. A drainage narrative has been submitted. Project is exempt from detention and water quality under the 1990 King County Surface Water Manual. Preliminary review indicates roof drains will be tightlined to the new stoi in system in the street. 4. Erosion control shall comply with Depai tiiient of Ecology's most current Stormwater Management Manual. Plan Review—Streets/Transportation. 1. Street lighting is not required for a three lot short plat. 2. Half street improvements including a 5-foot sidewalk, curb, gutter, paving, and storm drainage is required to be installed fronting the site in Hoquiam Ave NE Street and along NE 3rd Street. 3. Residential corner lots are required to dedicate a minimum of a 15-foot radius. Miscellaneous 1. Separate permits and fees for side sewer connections, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. 4. Construction plan indicating hauls route and hours, construction hours and a traffic control plan shall be • submitted for approval prior to any permit being issued. 5. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 6. Any rockeries or retaining walls greater than 4 feet in height to be built during construction of utilities requires a separate building permit submittal with structural calculations and shall have the following H:IDivision.s1Develop.serlDev&plan.ingtPROJECTS108-052.1on ILUA08-052_REPORT.doc ' 1 City of Renton Department of Community&Economic Development Administrative Short Plat Report&Decision LEE SHORT PLAT L UA08-052,SHPL-A Report of June 13,2008 Page 12 of 12 separate note shall be included on the civil plan: "A licensed engineer with geo-technical expertise must • be retained for proposed rockeries greater than four feet in height. The engineer must monitor rockery construction and verify in writing that the rnckery was constructed in general accordance with ARC standards and with his/her supplemental recommendations, in a professional manner and of competent and suitable material. 7. All plans shall conform to the Renton Drafting Standards 8. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 9. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. • • H:IDivision.s1Develop.serlDev&plan.ingIPROJECTS108-052.lon ILUA08-052_REPORT.doc _ E6 . 10T23NR5EE _1:.,2,: /2 IL CA - NE 4th ;St. : ; R-1Q R:8 R-4R-4 R.._4. CA R-1 _ • U - R 4 R = R 4 . „ . o • .4 R-10 w a NE 3ra7.st_ ,R• 1 C AR-8 Z R � , R-8_ R—8 -4 ..R-4` , R.—4 R-8 NE 2 e1$St. R—4 NE 2nd St. ,_ - ,R-4 _ E �n�•' t I R-4•..._w. , ... . . - . , . . --2 Z ........ . - „--; --,, , , , . . •,•• R-$ �� . w Z _ JR R _ Z R-4 :.��.. . co rn ;__, •\ N :z-___:____3--- -8 i 1 — U R 4 �� -. _ RR =4 : CD 1 I w o _4'' 1 SE -2nd, Ct SE 2nd s , R`4. ; ; , PI E M N " 0 In W CO -d ; - , w H SE 139th P1. '_- w° . , V • St N 41s i �` >., ` } SE 142nd St. . . -71-1 : �, a, 1 a. , C::: ; ' `.: ? f ;.....,, , -,--( ; . : : I : : 1 4 S: d : C•..2 C J - ,--4i i 1. i x mm IIII : .,, I „ 4, , , S 1 E 45th P1 G6 - 22 T23N R5E E 1/2 tiCY O0®O G�'t' ZONING ---—— Renton City Limit9 1:4000 /`1J ��r,ro$ o'B'�; SERVICES15 T23N R5E E 1/215 co LEE PRELIMINARY SHORT PLAT CITY OF RENTON PFN. c o 3Ul 0.) 111 t211.111 --I VICINITY MAP X = - z NTS o GCI o N CV Yeelltl.caill r�,e�� NM j 431 3DI. U 30 80 BU 3 iii �� d� Scale •1' = 30' ,� X ,„., Il�ilii//��' eV o mCb 8 o ": CURVE TABLE w 4-4 W 1ki�/T A 11 �� _'.. CURVE DELTA RADIUS LENGTH A�'� • p /�411= , �� ` C2 9008'20' 139,00' 22.59' W Q. a i'414� ` T`F �� C2 80'42'21' �O,QQ' 31.88' 1 4 I • \ ",-.�f LINE TABLE III �• ` ® IN I r LNE NIO 2011'E 30.95 `` V L2 .N 08.22'10"A 21.22 fi � k. , `�'�- OWNER/APPUCAM: CAMWEST WEST COAST LLC 1 '.�_,I .. �,1 , 9720AN BRUCE120KNOWLTON N' .-/ KIRK ND, 1A098 34.,STE.100 n KIRKLAND,WA 88034 0 SURVEYOR MEAD GI:A SN do P U m PONT ACT:SHANE BARNES.EIAHNE,PLS "7 P.O.BOX 209 F� %3 WOODINVILLE WA 98072 Q L ri ENC;NCER CONTACT: O GEENT AIL.P.E.G5 a F� 3 ' CONTACT:ROGER CECIL.P.E70117 TANN ST. . r,1 BOTHEL.,WA 8011 P4 I•- K LL Sc. M TOTAL SRE EA: 17,3993 5.1'. 44 0 O //�A NUMBER OF LOTS: 3 1-�'"/ N a 8 ZONING: R-B /''O }A. LOT AREAS; LOT 1:5,129*S.F. N 487=•10,W LOT 2:8,3043 S.F. w A 17,50' 1�'ar L07 3:5,904*S.F. J eT-r----1R'kr---,^ IZ 5 E-. a MEA IN CRITICAL AREAS: NONE [� / i yV �O�. 20' AREA IN CRITICAL AREA BUFFERS: NONE ^ W M i t PORTION TO BE CONVEYED ^ 63(X S( a l TO THE CRY OF RENTON Ii AREA IN PUBLIC DEDICATED STREETS: 1,0813 S.F. FOR PUBLIC ROAD PURPOSES. ..8 ' R a W ,.,,� ' 3 AREA IN PRIVATE ACCESS EASEMENTS: NONE Z / t / N PROPOSED DENSTIY 8 OU/AC. U N e m1 .h it'/o ALLOWED DENSITY: 8 OU/AC. 0, IT N 88'22'10'W 112.18' J - _ / 55.18' '. 57.01' A BSRL BSBL W LEGAL DESCRIPTION r arA§I r 1 n THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE = .H�:tte � F- I NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,TOWNSHIP U.i 23 NORTH.RANGE 3 EAST,W.M.,IN KING COUNTY,WASHINGTON,DESCRIBED c, LAY'}.' w $ AS FOLLOWS: :/I Z. il Z z n , yy 2 N 1 m z BEGINNING AT THE NORTHWEST CORNER,OF SAID SUBDIVISION•THENCE SOUTH NY,: , Lii U'Sy 145.00 FEET:THENCE EAST 120.00 FEET;THENCE NORTH 145.00 FEET; �.1,�. 21' _ I I m m THENCE WEST 120.00 FEET TO THE POINT OF BEGINNING; fi�i` Q•,'� LPc C SITUATE IN THE CITY OF RENTON,COUNTY OF KING.STATE OF WASHINGTON. 'FV%i`�T•fiW�S IJ PcLV EXPIRES: 5 09 I ( LSD_aAReGLB155.8' -24.A^SAQE,MIL. 5 ....�'I3/CJ8 . JSS BOUSE-BSBIJ L-1S.110115E-1I.SBL Q P �_ __ L L - - - L 112 1 41`79' _ 57 0' MOTELDRAWN BY: OL N H O'ID'W 1y1(L2' -- 1.ALL STRUCTURES ON SRE TO BE REMOVED. DE�ELOPlvPFNT PLA AIpIIN^ JR CITY nF RFN ON l7 REV. BY: N.E. 3RD ST, MAY 1 4 2308 DATE: 2-8-08 SCALE: '7 , ,.",.. 1" = 30' y'1 ?' DRAWING NO. •:ri°;7i __ J EXHIBIT 4 • If571310Ns BY CONOEPTLAb-cUSE LOCATIONS = ADJUST PIAN-IHSS AS I \ ._ANT SCHEDULE CONSTRUCT CN NOTES; _ IorcnD u-lance 11II NECESSARY 10 RNA_ ROUSE AND',DRIVEJAY f—_--- _ -�- P.l eT erei, -,ILIARIte*up-meLree vl u«.rwO.ecr m WELL.e ALL woe LAYOUT ARO I - a _ --- ----..- -___fro-mr_ ALL BED>TO BE _ Z� — . x ar KSI _R, —= — CAN,.To0L.aDR,e�eD..ND.DL�440 DEE.,FREE DepILP�..R.IO .L.ax�eesDe.D�e.ne.De.I.IeED �,.. m. 0.7,AkTING 4•F.EAS GOO 4.Tope,.NI.ba vn CEDAR CeROvE CO-7.0,•%.0 TN COALROE 0.0 OR Ea \ -- ! —«.. _ — .a• .p nM -- i..--- TILLAv0o o TCp°Ian PAN. ARE 0-00,1 AND L 0-r., cN .CO,PACT ALeO CO,rpm"10 awnen P-.« r "=r .IT QUAL 77 Mr> PLA o•CRE j • l- _ro• n _ _,. x�w, —I 'ER PL n e l«e_L. ,aR l REe FR.OF OAR..AM"WIDE ARO PAT LOT DATER.. e.�a;"K` e ,«e.PETAL <e.I�OF I�e.DR ealL I�.i E._,. u a. = ;mow I • .c.p.A..R..... J I \ ?— I1�•� wRRPRA .inn. e. D.Ige.4:-ER RE DR,.eEAEPAC«e nu.�u„r.,n,N.r. I fs - A ...Cr l ee A o --,,0. : m.r..� — -, -- -- # e RCA ,... A I� , a �v o`—F-kti RROAOY ONE TEAR,...RRA«,r.TART.«°,P,DATE a.l,m LD-.R„aeE (—� W qf I. -- :�I = -------- --- Do DI«.n WORK n,, eE«FR C ca R eros gala...fir:. _4SR .7{_oI,_7t, - _i0-l I 1 ;L - rf i., !'�, `•"•'•9•.'•• ••'•:"•"•,•�•xlx..,..R.c...,.i x.wl.!worn�n.�.�a,Pe.w arzo....,a PLANTINGS u,u.Eeo wrvnuc FOR.TLEAST a.e wJlaeemcrrPOR ee,eeueu,e«, al ,. -u- •_._er nr.,. __ _ ig 0` ,e4„u.,,,...,,.r_.o,� .• ' .. 61 RL ,aw cc°eRe. N ,I.^,Rw cw Rem oa m A r ew r�e Z Pig :f�_.: I 1 i1 r` W''l:�f�%�•.O /.i ae��'%� C•"C rru.artc.a rvre,beer REE la geN•ED Y'OR LLOl2R i0 A r.vLD bLPAet.PMVID�e'WIDE OP,.'�E�Cha-r-ERLIaL iMO, <i;.:r�m,,:t,•-. %: RRIEO R TOP C E01_.B ON TREE AND P"ACE tLAwe-ADJA.^.EN R9 u.'°elpcYe _T TOP Cr DAtlal[ft W CL vsp;;›41:...- .•-42''. ;;, LEVEL DP p.trot_.BELOW c«LEVEL. a C3` w- - E.°. W Ld ;,: HCQUIP.M AVE IVET'-� "-"-- ,...,e,...,_,,„ `-_ /CLEAR VISIO T J en.. • I AREA Li Luo TREE REP_ACEI`!ENT PLAN AND —rl J -_.L � J 5' REQUIRED PLANTING STRIP ° 10 ° �� In I'•.zm.-m.' W a Z < < City of Renton Z TREE RETENTION J I- g WORKSHEET w 1 Total number of Iran over e'In dhamelanu on prole.elle: 1 3 troop J F- 2 Deductions:c°damtree..nexpwaydlnmtneretywancelculadon: DEVELOPMENT- PLANNING Q =W• X Tneeu,a.rea.w,dw...aordsnpDrDtrem C+_:::: tii OF{:�F=,l�I CI\I W g Traits In proposed publicstreets.e fe C..) Trees In unposed pdvsla moms eeaemenleltrsds o tree • 1,�/', I-- m Trees In alllul snaps end buffer. bees MAY 2008 IV I— IY Total number of axoluded bees: 2. 0 bees O W LLI 3.8ubbect l/na 2?roma/101: 3. 3 sees >. I CC Z • I- 4.Nest,to deism**the number of trays Net must be rolalnada,muIllply Una 3 by; cu .,«'• W 0.3 Monne RC.0A.M,or R.e ^II y 6' '1` -- 'l LU L.I.I 0.1 In samMrraeldentlal Edna .:Le qs;.Ilt .,r:n yLv-an Q/ � Lu CC J Q 005 In Woemmsrtl°owl NdvANY ann. a. .B Ines S±l,e..'x, U J F-d 5.List the number o18"or larger trees that you am proposinge,N retains) 5 5. 0 trees ```l d \/fV�91j1149) B Subtract line b from llna 4 for trees to be replaced: 0. .9 trees / � rw.a RR..o.ee.en.....o.a...xe..rw..x„eee,na..n 'r i 7.Multiply lino 6 by 12”for number of requlnd replacement Inches. LA-- r F^� .Nona`� r.'o _ - ' 7. 10.8 Inches P� c «cress_-__.e M 'O,t EVEN 0.00 --_ mna swr 010. 9.Proposed etre or trees to mem Additional planting re9ulnmenl. 111, a x e4.11.Ip I.e.,..r Wow..wR.r B 2 Inches I`�jF am.o.reRr".cure.vao,I.E bel ��s. .T.w.a«.>,s,... 9.Divide Una 7 by lino a lotnumber of nplac enl trao.n, p 22,l��uau��/r� UaY.I _ rn Rro,nul El ill P .- . , aRR.,..a e.,sa..,..rA,......e.........n .IFI\Y��J1 - - -n �e -w.,nopr . n=n>s-it=n-�= B 5 trees I�ce71a�1tl1I _ -Iq_f-did_- \ ,R....s.wnss. y Ia3-11 b - cc.:-'!�creoeroo. o m- o` i.. ..eNwl r .,, x w.« R. 0505: 4-75-Ce • 10.r.e».w ......e...n.w.u..wM.I..u...d.wou.�env*cI.a a.r..w.ac.<s..wyu.ch xrem__, ,v 14 r,m e.wuL+.n.o Roo x.e-L SG14E_-.3N?LAI. DiANRyL--_1La c...,.,.........,e...e...x..a..,a.r rep.weRR..a.w,.a.ereOw rump O ..ay p.a wcx n.aRa,- ..<..syrreean.sere...euo.am. •....p.u.L.,...A.°rv.,R.aeu • y... .x,..,....x.,..... .a ...,.,a .a.e .a. 11 T��E PLANTING DETAIL ---- "'-�-- ('�\SHRUU5PLAN=NG DE.AIL NTS. SHEET • u..bria.sa...,...�.1..�.. ... .,.....ro..a..a.�,...n...,...........,...x,c,«...,..e a.� •L/_s CTIA+ -.._.- _-- ` sEc - ----_ DIA e ..I ...R, L 1.0 ... N,.,.nap. or 1 SHEETS I ,. WHIBIT 5 • 0 ,2 ,- N W1/4,NE1/4,SEC.15,T.23 N.,R 6 E..W.M I Illii LII .z r:.r .. ,.I�„ ,"v. '�'. SYMBOL LEGEND' a ._.. . . - .. - - fM�O(}�Q/�{ 1T( 6k 1��/J .• : .., .--. cLEAwNO•oRABluo WAITS .nTw M1I ClM I Y,� /�.I ' E I I I •........... BUILDING SETBACK UNE i1%,131N:-..1, ..... -._. .. -., - f8� r1 .i\1 +i PROJECT INFOBMA N 1 3 c3idifyP6t'"1d_i Naw do1�!1�C1__ ._.. GROSS PROPERLY ARCA: no10,30S Sr MFA OF WORK: 10,505 SF `,T', 4 .. * Ii 55 FILL:L: 20 CY 0 1 0010 EXISTING , ';,......„j0. BID SING SllMfyS; ORAOING LIrtS. ' STFUCIURE510 FRONT SEmAOI(: 10' - BE�PENOKD REM SETBACK: I • ".'. � _.. .. - ._ .. ..... • I i� .55.01:. ._ _ .__.7tBv]e]—][ I15........_. ,, �''_ w • q;i �' i : 4.`. I z. r„ T ,111 4 E , IX1511NG SIPU< . ±' • � gig .1:x. :..'I E rfQiip 1. i0 BE RENOVfpnNE _g i• I ,.o Irl I: ., 1."....-...-Irl �' -- z 44';':,---..,.:.): rd1„ 1 .) 1' I --rte _. _ .....:........... __- - . - • __a - I• .- _ .r ., u 1,ti � I; 1;� HOQUTAM �VE NE : .,. ! .,: . W • '\ . q [ . ,, —420 ' � 1 I .L 0 • • nw Q j I -Gv �' w I •::1'! r. I • t f. 420 Z� C> 9 .4 : I II 1 I- Gplp t _ 1 I I <1..:' �' RECOMMENDED FOR APPROYA6 , •, • - u,L I I}I ;::: oRL: oemoun=c 888 _ 1'' /k .'i, 1 ~fI1' �0 . ppa: .Ion w. c.aoaai 1 ni I ° I cwako aB = 1;' % a ' f iI - po1.: eREs'r R:\Prol.cl,\109(Comwo.l)\001-0,/(y.11 Copal)\U.0\s11..1.\lino,\Cllr o1 R.rlcn\L.e P epvlr�WC-9,01.Owo OF • CITY OF RENTON COUNCIL AGENDA BILL AI#: ' , M . Submitting Data: Planning/Building/Public Works For Agenda of: August 4, 2008 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance JKH Pacific Short Plat(LUA08-008). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Short Plat Report and Decision • Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for future street improvements is approximately 8' x 108' (861 sq. ft.) used to widen a public alley along the property's eastern boundary between Harrington Ave NE and Index P1 NE at NE 7th St. This dedication is to comply with City of Renton code for new short plats and the JIM Pacific Short Plat(LUA08-008). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. • I:\PlanReview\COLSON\Shortplats 2008UKH Pacific SHPL 02m AGNBILL.doc Return Address: City Clerk's Office 4110 City of Renton 1055 South Grady Way Renton, WA 98055-3232 r _ 0 '• •Property Tax Parcel Number: 722780-0930 Project File#: LUA-08-008 SHPL Street Intersection: NE 7TH ST/HARRINGTON AVE NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. BALDEV S. SOHAL I. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) AN 8.00 FOOT WIDE RIGHT-OF-WAY FOR ALLEY OVER A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M., CITY OF RENTON,KING COUNTY, WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. This dedication is • required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: • DEED.DOC Page I ' Project • Exhibit A WO# Legal Description PID GRANTOR: Street: THE EAST 8 FEET OF: LOT 6 OF BLOCK 29 IN CORRECTED PLAT OF RENTON HIGHLANDS NUMBER 2, ADDITION TO THE CITY OF RENTON AS RECORDED IN VOLUME 57 OF PLAT, ON PAGES 92 THROUGH 98, IN KING COUNTY, WASHINGTON BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., CITY OF RENTION,KING COUNTY, WASHINGTON. • 411 DEED.DOC Page 2 • , • Map Exhibit PORTION OF THE NW 1/4 OF THE SW 1/4 OF SEC. 9, TWN. 23N., RNG 5 E., W.M. RENTON, WASHINGTON LUA 08-008 SHPL I SET R&C 11332 �/ 1 •i I I 1 • tj g1 0 _x_ a EXISTING I / TO BEGARAGE I .2 "' jREMOVED / 0 5` 10 20 —/— — , �/, a , "i • i/iiia/i� : Irl 3 :Li SCALE 1" = 20' �,I III Lo �//////// o / C•4 to I co 0Nr- m'd / I °° :0,! //////// 9.2 ', 10 9c':'r Z I 8.0' PUBLIC ROAD DEED TO THE CITY OF RENTON Im REC. NO.___ ____ . I SET R&C 11332 J , ' ' L=17.00 ``=8. `. ,. R=1585.00 R=1585.00 A=0'54'13" a=O'54'13" . NE 7TH STREET I. ._•• I L= 310.66 (R1) R =1610.00 (R1) • A =11'03'20" (R1) 0 DEED.DOC - Page 3 • Renton, Wasiington, United States y �``'l Y:''i�4�1Y d''' .?_��.. '::I ^,,. .,„..'v++„�.. *.,. JS:g^t ;: ,'�• 40F. �,i F “ti ,,,,,3', .....-::'-....9i .-::' .�i f :.Y iii �{1YVii 4:y. .1•P' .'.,?",m,.)zo q `.tet' �roem '4.1f iR7(,.:rvH t', 4i ,A.,g,:".-i vit ni tF F ' 9' ''''''4 ; '�, 4J 5,1..,..tCP.t'�. ;'-•i'WT�%_ ' 142. ::1'411, i� '' ;r'c� !, , �'' Y�r•;, ew+u-�, Is. 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'�::XF'tYy$:.i•:3t5� '�"', .r w:�&5 "'F;,�� 3� t� �d !£�°LTv� .1u5-e�.a.?s,Yi�SPkt�P'!'•.�'`:'.st .l,'.ir;vc v'E. ..,fdL u '.o`4ti� `'` :.1Y insim im Dmf 0.2 0.4 0.6 0.8 JKH PACIFIC SHORT PLAT CITY OF RENTON FILE NUMBER LUA 08-008 SHPL TIII 1 N VicinityMap p ( 1rre- REPORT City .f Renton o Department of Community and Economic Development DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: April 17, 2008 Project Name: JKH Short Plat&Variance • Applicant/Owner Applicant: Owner: Jim Howton Baldez Sohal JKH Pacific, LLC 1219 SW 317`u' Street 12018 SE 515t Street Federal Way, WA 98023 Bellevue, WA 98006 File Number: LUA 08-008, SHPL-A, V-A, V- Project Manager: Rocale Timmons, Associate Planner A Project Description: Application for an administrative two lot short plat of an existing 12,584 square foot lot located within the Residential Multi-Family(RM-F) zone. The existing duplex is proposed to remain on Lot 1. Proposed Lot 1 would be 5,674 square feet (5,470 net square feet) in area and proposed Lot 2 would be 6,058 square feet (5,832 net square feet) in area. Access • to Lot 2 would be gained from the proposed public alley and an access easetment bordering the east property line. Access to proposed Lot 1 will be gained from Harrington Ave NE via a proposed residential driveway. An administrative variance is requested in order to allow the existing residence to remain 1 foot and 4 inches from the proposed interior side lot line, a 3-foot 8-inch protrusion into the required 5-foot side yard setback. A second administrative variance is requested to allow the existing residence to remain 5 feet from the proposed access easement, a 15-foot protrusion into the required 20-foot rear yard setback. A parking modification has also been requested to provide two parking spaces for the existing residence, rather than the 4 spaces required. Project Location: 2804 NE 7th Street • p SITE ':rq+`vY ac s;2�_sc~a f _ rte.`<•�sv ;;fir.".�;., -• �, .a�1� �'`t-�<'4T` *".�''='i iff •';/ •.3;F1^ - ;4 < • cGr_ F:4 • • Yw E• -;ki erL�• -f-.R- :_',Xx,•• �'�-qm<' c:YT•`'_"i.�� „�=c)".c.,,..: w�ll.T�w,,'=' Project Location Map City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, A REPORT AND DECISION Dated April 17,2008 Page 2 • B. EXHIBITS: Exhibit No. 1: Zoning and Neighborhood Detail Map Exhibit No. 2: Site Plan(dated 1/29/2008) Exhibit No. 3: Conceptual Landscape Plan (dated 1/29/2008) C. GENERAL INFORMATION: 1. Owner of Record: Baldev S. Sohal 1219 SW 317th St Federal Way, WA 98023 2. Zoning Designation: Residential Multi-Family(RMF) 3. Comprehensive Plan Designation: Residential Medium Density 4. Existing Site Use: Existing duplex to remain S. Neighborhood Characteristics: North: Single Family Residential (RM-r zone) East: Residential Multi-Family(R-10 zone) South: Single Family Residential (R-10 zone) West: Highlands Elementary School (R-8 zone) • 6. Access: Driveway access off of Harrington Ave NE 7. Site Area: 12,584 square feet (0.289 acres) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 1246 4/16/1946 Comprehensive Plan N/A 5099 11/1/2004 Zoning N/A 5171 12/05/2005 E. PUBLIC SERVICES: 1. Utilities: Water: There is an existing 8-inch water main in NE 7th Street. Sewer: There is an existing 8-inoh sanitary sewer main in Harrington Ave NE and a 12-inch main in NE 7th Street. Surface Water/Storm Water: There exist storm drainage pipelines and ditched storm water conveyance systems withip Harrington Ave NE and NE 7`i Street. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Vire Department 411 City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A • Page REPORT AND DECISION Dated April 17,2008 3 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Multi-Family 2. Community Design Element H. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing to subdivide a 0.289-acre(12,584 SF)parcel zoned Residential Multi-Family (RM-F) into two lots. The property is located on the northeast corner of Harrington Avenue NE and NE 7th Street. The subject parcel is currently developed with a one story duplex, built in 1943, that is proposed to remain. The applicant is proposing to demolish the attached carport and the detached garage on site. Proposed lot sizes are as follows: Lot 1: 5,674 square feet(5,470 net square feet) Lot 2: 6,058 square feet(5,832 net square feet) The purpose of this subdivision is; apparently, to eventually develop the second lot with a 2 townhouse structure. However, future use of the short platted land is not part of this land use application. There are street improvements along Harrington Ave NE and NE 7`h Street; however an approximate 861 square foot dedication would be required for a public alley for future access to Lot 2. In addition to the alley dedication, a 429 square foot access easement located along the eastern border of the property abutting the future public alley is proposed. Subtracting the area of the alley dedication and the access ID easement from the gross area of the plat, the potential of 5 units would arrive at a density of 19.3 dwelling units per net acre (du/ac). Lot 2 is proposed to front on Harrington Ave NE, access would be gained from the proposed public alley in conjunction with the proposed abutting access easement along the east property line. Lot 1 is currently fronting NE 7`h Street; however, the duplex is proposing access from Harrington Ave NE via a new residential driveway. City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT L UA 08-008,SHPL-A, V-A, V-A REPORT AND DECISION Dated April 17,2008 Page 4 0 The topography of the site slopes to the west, at an average slope of approximately 12 percent. The site is vegetated with grass and shrubs, as well as six evergreen trees and one fruit tree. Four of the existing evergreen trees are proposed to remain; the other two evergreen trees and the fruit tree are proposed to be removed. An administrative variance is requested from RMC 4-2-110.F in order to allow the existing residence to remain 1 foot and 4 inches from the proposed interior side lot line, a 3-foot 8-inch protrusion into the required 5-foot side yard setback. A second administrative variance has also been requested from RMC 4-2-110.F in order to allow the existing residence to remain 5 feet from the proposed access easement along the east property line, a 15-foot protrusion into the required 20-foot rear yard setback. A parking modification has been requested to provide two parking spaces for the existing residence, rather than the four specified in the City parking regulations. There are no critical areas onsite. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions Not applicable. 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and • address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been'incorporated into the appropriate sections of this report and the Departmental Recommendation at the ertd of the report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the teview of the short plat: a) Compliance with the Comprehensive Plan Designation The Comprehensive Plan Land Use Map designation for the site is Residential Multi-family (RM-F). The multi-family residential land use designation is intended to encourage a range of multi-family living environments that provide shelter for a wide variety of people in differing living situations, front all income levels, and in all stages of life. The following Comprehensive Plan policies ate applicable to the proposal: Policy LU-185. Development density in the Residential Multi-family designation should be within a range of ten (10) dwelling units per acre as a minimum to twenty (20) dwelling units per acre as a maximum. ✓Policy Objective Met ❑Not Met Policy LU-191. Residential Multi family projects in the RMF zone should have a maximum site coverage by buildings of thirty-five (35)percent, or forty-five (45)percent if greater coverage can be demonstrated to be both mitigated on site with amenities and compatible with existing buildings on abutting and adjacent lots. ✓ Policy Objective Met ❑Not Met City of Renton Department of Community& Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A • REPORT AND DECISION Dated April 17,2008 Page 5 Policy LU-192. Residential Multi family projects should have maximum site coverage by impervious materials of seventy-five (75)percent. ✓Policy Objective Met ❑Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated Residential Multi-Family(RM-F) on the City of Renton Zoning Map. The allowed density range in the RM-F zone is a minimum of 10.0 to a maximum of 20.0 dwelling units per acre. Subtracting the area of the alley dedication and the access easement from the gross area of the site, the potential of 4 total units would arrive at a density of 15.4 dwelling units per net acre(du/ac) if the site was left unplatted. The net area for Lot 1, after subtracting approximately 204 square feet along the eastern border of the property for the proposed access easement, is 5,470 square feet or 0.125 acres. The proposal for the existing two units to remain on 0.125 acres arrives at a density of 16.0 dwelling units per acre, which falls within the penniitted density range for the RM-F zone. The net area for Lot 2, after subtracting approximately 226 square feet along the eastern border of the property for the proposed access easement, is 5,832 square feet or 0.133 acres. The density requirements for proposed Lot 2 would be verified at the time of building permit review. Based on the size of proposed Lot 2 a minimum and maximum of two units would be allowed when developing the site. The allowed building lot coverage for lots in the RM-F zone is 35 percent. The existing • duplex proposed to remain on Lot 1 would have a 1,971 square foot building footprint, which would result in a lot coverage of 28 percent on the 5,470 square foot lot. The lot coverage requirements for proposed Lots 2 would be verified at the time of building permit review. The required setbacks in the RM-F zone are as follows: front yard is 20 feet; interior side yard for lots with a lot width less than 50.1 feet is 5 feet; side yard along a street is 20 feet; and the rear yard is 15 feet. Since the lot is 50.83 feet wide the required side yard setback is 5 feet. The existing residence proposed to remain on Lot 1 would not comply with the 20- foot rear yard setback from the edge of the access easement along the eastern property line or the 5-foot side yard setback required from the new property line north of the existing residence. The applicant has requested a variance concurrently with this short plat to allow the existing residence to remain 1 foot and 4 inches from the new property line, a 3-foot 8- inch protrusion into interior side yard setback and 5-feet from edge of the access easement, a 15-foot protrusion into the rear yard setback. In order to comply with the setback requirements either the requested variance would need to be granted,the existing residence would need to be relocated elsewhere on Lot 1, or all or a portion of the existing structure would need to be demolished. The existing carport and detached garage would not meet setback requirements and the applicant proposes to remove the structures. Staff recommends as a condition of short plat approval that the applicant obtain a demolition permit and all required inspections be completed for the removal of the existing carport and detached garage prior to the recording of the short plat. The setbacks for the proposed residences would be verified at the time of building permit review. • The parking regulations require that attached residential units in the RM-F zone where tandem parking is not required,provide 2 parking spaces per dwelling unit. As proposed, Lot 1 does not show any parking spaces for the existing duplex and there does not appear to be adequate space for 4 parking spaces on proposed Lot 1. Where practical difficulties exist, the applicant may request a modification from these standards. The applicant requested a City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A REPORT AND DECISION Dated April 17,2008 Page 6 0 modification from the standards, to reduce the number of parking spaces required from 4 spaces to 2 spaces for the existing duplex. The Development Services Director approved the modification on April 17, 2008. As a condition of approval staff recommends that a revised plat plan depicting sufficient area on Lot 1 for two off street parking spaces be submitted to the Current Planning project manager prior to short plat recording. Any new structure for parking spaces would need to comply with the Urban Design guidelines. Compliance with the parking requirements for Lot 2 will be verified at the time of building permit review. c) Community Assets The site is vegetated primarily with shrubs, groundcover and a total of seven trees (six evergreens and one deciduous). Four of the existing trees are proposed to remain, which result in the retention of 57 percent of the existing trees. RMC 4-4-130 requires that ten percent of trees on site be retained in a RM-F residential development. The applicant has proposed to retain 57 percent of the trees, which is in compliance with the minimum number of trees required to be retained. All setback areas are required to be landscaped. A conceptual landscape plan was submitted with the project application. The proposed landscaping includes a variety of trees, shrubs, and groundcover for proposed LOt 2. Thundercloud plum is proposed to be planted along Harrington Ave NE street frontage for proposed Lot 2. Other proposed landscaping includes Emerald Green, Alberta Spruce, Oregon Grape, and Lavender. The applicant did not propose landscaping improvements for the setback areas on Lot 1. As a condition of approval staff recommends that the applicant submit a revised detailed • landscape plan prepared by a certified Landscape Architect or other landscape professional to the Current Planning Project tVlanager prior to the recording of the short plat. All setback areas are to be included, and native and drought-resistant plants are necessary, otherwise an irrigation plan is required. Existing trees and other vegetation on the site shall be used to augment new plantings to meet landscaping requirements., There are three existing conifer trees on Lot 1 that should be retained. Staff recommends as a condition of approval that a restrictive covenant be placed on proposed Lot 1 stating that the three existing conifer trees located on Lot 1 not be removed until such time when the existing duplex is destroyed, removed or demolished. This restrictive covenant shall be recorded on the face of the short plat prior to recording. All landscaping shall be installed prior to final inspection of the buildings. Native or drought tolerant species should be used, or an irrigation plan is required. If applicable, fence details should be included in the landscape plan. Allowable fence height is 48" in the front yard (42" in clear vision areas),and 72" in the rear and side yards. d) Compliance with Subdivision Regulations Streets: No new public streets tvould be created as part of the proposed short plat; however a new public alley would be created along the east side of the property as part of the short plat. There is currently a paved and improved public right-of-way along the frontage of Harrington Avenue NE and NE 7ffi Street. The applicant is required to dedicate eight feet in width(approximately 861 square feet) for a public alley along the property's eastern boundary. The applicant is also required to grant a 4-foot easement to the City of Renton for ingress and egress abutting the alley for the length of the property. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on$75.00 City of Renton Department of Community&Economic Development Administrative Land Use Action JKHPACIFICSHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A • REPORT AND DECISION Dated April I7,2008 Page 7 per net new average daily trip attributed to the project. One new unit(credit given for the existing units) is expected to generate approximately 5.86 new average weekday trips. The fee for the proposed short plat is estimated at$879.00 ($75.00 x 5.86 trips x 2 unit= $879.00) and is payable prior to the recording of the short plat. All wire utilities shall be installed underground per the City of Renton UnderGrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. Blocks:No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the RM-F zone and allow for reasonable infill of developable land. Lot 1 is rectangular in shape and fronts NE 7`1' Street. Lot 2 is also rectangular in shape, and fronts Harrington Ave NE. As demonstrated in the table below, all lots meet the requirements for minimum lot size, depth, and width. Lot Size Depth Width no minimum 65 feet required 50 feet required Lot 1 5,674 SF(5,470 Net SF) 112 feet 50.83 feet IIILot 2 6,058 SF(5,832 Net SF) 112 feet 56.62 feet e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way via residential driveways. The access for Lot 2 would be gained from the proposed public alley and access easement along the east property line. The access for the existing duplex located on Lot 1 is proposed from Harrington Ave NE. Topography: The topography of the site slopes to the west, at an average slope of approximately 12 percent. Due to the potential for erosion that could occur during construction activities, staff recommends as a condition of approval that erosion control be required to comply with the 2001 Department of Ecology Stormwater Management Manual requirements for erosion and sedimentation control. Relationship to Existing Uses:The properties surrounding the subject site are duplexes and are designated R-8 or R-10 on the City's zoning map. Highlands Elementary is adjacent to the site to the west across Harrington Ave NE. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. j9 Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant 0 provides Code required improvements and fees. A Fire Mitigation Fee,based on$388.00 per new unit with credit given for the two units, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $776.00 ($388.00 x 2 new units = $776.00) and is payable prior to the recording of the short plat. Street addresses shall be visible from a public street. City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, REPORT AND DECISION Dated April 17,2008 Page 8 • Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element(January 16, 1 p92),the City of Renton has a student generation factor of 0.33 students per multi-family residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.33 additional students (0.33 X 2 units =0.66) to the local schools. It is anticipated that the Renton School District can accommodate any additional student generated by this proposal at the following schools: Highlands Elementary, Dimmitt Middle School and Renton High School. Surface Water:The runoff from the new lot must use infiltration per design by a professional engineer, or be tightlined into the storm drainage system or other options as listed in, and in accordance, with the 1990 King County Surface Water Design Manual. Infiltration is allowed if the soils are acceptable. The Surface Water System Development charges are required, and based on a rate of$0.405 per square foot of new impervious surface area but not less than$1,012.00. Payment of this fee will be required prior to issuance of utility construction permit. Due to the potential for erosion to occur during project construction, staff recommends as a condition of approval that the prpject be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Stoiuiwater Management Manual. Water: This project is required to provide separate domestic water service stubs for the new lot prior to recording the short plat. New water service stubs must be installed prior to • recording of the short plat. Water System Development charges are based on the new meter size. Payment of fees is required prior to issuance of utility construction permit. All short plats are required by City Code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. The engineer is required to shoiv location of all existing hydrants on plan sheets. Sewer: Installation of individual side sewers by the developer is required prior to recording the short plat; dual side sewers are not allowed. The minimum slope for side sewers is 2%. Sanitary Sewer System Development Charges are based on the new meter size. Payment of this fee will be required prior tq issuance of utility construction permits, and prior to recording the short plat. 6. Consistency With Variance Criteria The Administrator shall have authority to grant an administrative variance upon making a determination, in writing, that the conditions specified below have been found to exist. Section 4-9-250B.5.a lists 4 criteria that the Administrator is asked to consider, along with all other relevant information, in making a decision on an Administrative Variance application. These include the following: I. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of(he subject property, and the strict application of the Zoning • Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: Side Yard Setback Variance: City of Renton Department of Community&Economic Development Administrative Land Use Action JKHPACIFICSHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A 411 REPORT AND DECISION Dated April 17,2008 Page 9 The applicant contends that special circumstances do exist in that the lot is large enough to subdivide into two lots, but the existing duplex would not meet the side yard setback requirements. While the size of the property and the RM-F zoning of the property allows for the subdivision of the property, RMC 4-2-110.F requires the primary structure to be at least 5-feet from the new interior side lot line. This requirement would either preclude the subdivision of the property or require the removal of a portion of the existing residence. The applicant is requesting a variance from RMC 4-2-110.F to peiuiit the existing residence to remain at its present location 1 foot 4 inches from the proposed interior side lot line. The existing duplex would meet all other setbacks, other than the rear yard setback (see below), and the height and lot coverage requirements. Staff recognizes that the special circumstances discussed above do exist with respect to this variance application and denying the variance would prohibit infill development on this lot and other similar lots in the City. Y Rear Yard Setback Variance: The applicant contends that special circumstances do exist in that the lot is large enough to subdivide into two lots, but the existing duplex would not meet the rear yard setback requirements. While the size of the property and the RM-F zoning of the property permits the subdivision of the property, RMC 4-2-110.F requires the structure to be at least 20-feet from the access easement on the east side of the property. This requirement would either preclude the subdivision of the property or require the removal of a portion of the existing 11111 residence. The applicant is requesting a variance from RMC 4-2-110.F to permit the existing residence to remain at its present location 5 feet from the proposed access easement to the east. The house would meet all other setbacks, other than the interior side yard setback (see above), and the height and lot coverage requirements. Staff recognizes that the special circumstances discussed above do exist with respect to this variance application and denying the variance would prohibit infill development on this lot and other similar lots in the City. 2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated: Side Yard Setback Variance: The granting of the variance would not be materially detrimental to the public welfare. Instead, the granting of the variance would allow for infill development as prescribed by the Comprehensive Plan, while retaining an existing duplex. As proposed, the short plat would create a situation where the existing structure meets all required setback and lot coverage requirements except for the required 5-foot minimum side yard setback and the 20-foot rear yard setback. Granting a side yard setback variance so that the existing duplex on Lot 1 could remain may create a situation that is detrimental or injurious to the owners of the duplex in question, or the properties in the vicinity due to inadequate space to maintain the existing structure. Staff recommends that a maintenance easement be recorded on Lot 2 for the benefit of the existing duplex on Lot 1 until such time the existing duplex is destroyed, removed or III demolished. The easement shall run alongside the shared property line for the first three feet on Lot 2. In addition to the easement a staff recommends that a covenant be placed on proposed Lots 1 and 2 stating that no fence be erected on the maintenance easement until such time the existing duplex is destroyed, removed or demolished. This maintenance City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-4 V-A REPORT AND DECISION Dated April 17,2008 Page 10 • easement and restrictive covenant would be required to be recorded with King County prior to or concurrent with short plat recording. Rear Yard Setback Variance: The granting of the variance would not be materially detrimental to the public welfare. Instead, the granting of the variance would allow for infill development as prescribed by the Comprehensive Plan, while retaining an existing duplex. As proposed, the short plat would create a situation where the existing structure meets all required setback and lot coverage requirements except for the required 5-foot minimum side yard setback and the 20-foot rear yard setback. Granting a rear yard setback variance so that the existing duplex on Lot 1 could remain would not create situation that is detrimental or injurious to the owners of the duplex in question, or the properties in the vicinity, provided the conditions of approval are met. 3. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: Side Yard Setback Variance: Approval of the side yard setback variance may be considered a grant of special privilege because it would provide an exception from a zoning standard that limits most properties under the same zoning designation. However, the same setback variance would be supported under identical circumstances' where a property would be short platted and an existing • duplex would remain on one of the new lots, provided the conditions of approval are met. Staff recommends that a restrittive covenant be placed on proposed Lot 1 stating that in the event the existing duplex is destroyed, removed or demolished, the construction of a new residence on Lot 1 comply 'with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Rear Yard Setback Variance: Approval of the rear yard setback variance may be considered a grant of special privilege because it would provide an exception from a zoning standard that limits most properties under the same zoning designation. However, the same setback variance would be supported under identical circumstances where a property would be short platted and an existing duplex would remain on one of the new lots,provided the conditions of approval are met. Staff recommends that a restrictive covenant be placed on proposed Lot 1 stating that in the event the existing duplex is destroyed, removed or demolished, the construction of a new residence on Lot 1 comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County pfior to or concurrent with short plat recording. 4. That the approval as determined by the Administrator is a minimum variance that will accomplish the desired purpose: Side Yard Setback Variance: An administrative variance is requested in order to allow the existing duplex to remain 1 foot • 4 inches from the proposed interior side lot line, a 3-foot 8-inch protrusion into the required 5-foot side yard setback. In order to subdivide and still retain the existing duplex, the variance is the least necessary. City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A • REPORT AND DECISION Dated April 17,2008 Page 11 Rear Yard Setback Variance: An administrative variance is requested in order to allow the existing duplex to remain 5 feet from the proposed access easement along the east property line, a 15-foot protrusion into the required 20-foot rear yard setback. In order to subdivide and still retain the existing duplex, the variance is the least necessary. I. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: I. Application: The applicant's short plat and variance application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Multi-Family(RMF) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential Multi-Family(RMF) zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided the variances are approved and all advisory notes and conditions are complied with. III5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Residential Multi-Family(zoned RM-F); East: Residential Medium Density (zoned R-10); South: Residential Medium Density(zoned R-10); and West: Residential Single Family (zoned R-8). 6. System Development Charges: Development Charges and a Sewer System Development Charges, at the current applicable rates, will be required for the each unit as part of the construction permit. 7. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lot. 8. Consistency With Variance Criteria: The proposal meets the criteria established by City code per Staff analysis as noted in the body of the staff report. J. CONCLUSIONS: 1. The subject site is located in the Residential Multi-Family (RMF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the RM-F zoning designation and complies with the zoning and development standards, with the exception of the 5-foot minimum side yard setback and the 20-foot rear yard setback, established with this designation provided the variances are granted and the applicant complies with City Code and conditions of approval. 3. The proposed two lot short plat complies with the subdivision regulations as established by City IIICode and state law provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. 5. The proposal is consistent with the established variance criteria as discussed in the body of the Staff Report. i l City of Renton Department of Community&Economic'Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V A REPORT AND DECISION Dated April 17,2008 Page 12 • K. DECISION: The JKH Pacific Short Plat and Variances, File No. LUA 08-008, SHPL-A, V-A, V-A are approved subject to the following conditions: 1. The applicant shall obtain a demolition peiinit and all required inspections be completed for the removal of the existing carport and detached garage prior to the recording of the short plat. 2. The applicant shall submit a detailed landscape plan prepared by a certified landscape architect or other landscape professional to the Current Planning Project Manager prior to the recording of the short plat. All setback areas are to be inoluded, and native and drought-resistant plants are necessary, otherwise an irrigation plan is required. 3. A restrictive covenant shall be placed on proposed Lot 1 stating that the three existing conifer trees located on Lot 1 not be removed until such time when the existing duplex is destroyed, removed or demolished. This restrictive covenant shall be recorded on the face of the short plat prior to or concurrent with short plat recording. 4. The applicant shall submit to the Development Services project manager, a revised plat plan depicting sufficient area on Lot 1 for proposed two off street parking spaces prior to short plat recording. 5. The applicant shall pay the required Transportation Mitigation Fee based on$75.00 per net average daily trip prior to the recording of the short plat. 6. The applicant shall pay a $388.00 Fire Mitigation Fee prior to the recording of the short plat. • 7. The project shall be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Stormwater Management Manual. 8. A maintenance easement shall be recorded on Lot 2 for the benefit of the existing duplex on Lot 1 until such time the existing duplex is de$troyed, removed or demolished. The easement shall run alongside the shared property line for the first three feet on Lot 2. In addition to the easement a covenant shall be placed on proposed Lots 1 and 2 stating that no fence shall be erected on the maintenance easement until such time the existing duplex is destroyed, removed or demolished. This maintenance easement and restrictive covenant shall be recorded on the face of the short plat prior to or concurrent with short plat recording. 9. A restrictive covenant shall be placed on proposed Lot 1 stating that in the event the existing duplex is destroyed, removed or demolished; the construction of a new residence on Lot 1 shall comply with all development standards of the underling zoning designation at the time of building permit review. This restrictive covenant shall be recorded on the face of the short plat prior to or concurrent with short plat recording. DATE OF DECISION ON LAND USE ACTION: t • ?J 1 Ar 17 260 S' Neil Watts,Development Services Director Decision Date , City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A • REPORT AND DECISION Dated April 17,2008 Page 13 TRANSMITTED this 1711 day of April,2008 to the Applicant/Owner/Contact: Contact/Applicant: Jim Howton JKH Pacific,LLC 12018 SE 5151 Street Bellevue,WA 98006 Owner: Baldev Sohal 1219 SW 317th Street Federal Way,WA 98023 TRANSMITTED this 17`h day of April, 2008 to the Parties of Record: G.A. Ron Bautista Yaochien Thung Sivisisangpha Velma Evans 8911 Inverness Court NE 7210 S Sunnycresy Road 2805 NE 8`h Street Seattle,WA 98115 Seattle,WA 98178 Renton,WA 98056 TRANSMITTED this 17th day of April, 2008 to the following: Larry Heckling,Building Official Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Current Planning Manager Jan Conklin Carrie Olson Renton Reporter • Land Use Action Appeals &Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 1, 2008. City of Renton Municipal Code Section 4-8-110 governs appeals to the Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required$75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. III City of Renton Department of Community&Economic Development Administrative Land Use Action JKH PACIFIC SHORT PLAT,PROJECT LUA 08-008,SHPL-A, V-A, V-A REPORT AND DECISION Dated April 17,2008 Page 14 • ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. Th6 Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. RMC section 4-4-130 provides protection measures $n order to preserve and protect the three trees during utility and building construction. The trees shall be fenced off around the drip line and a sign posted that the tree is to be preserved, and the location of the tree shall be indicated on all utility construction plan sheets. The fencing shall be in place prior to the issuance of any utility construction permits and shall remain until the final inspection of the new house on Lot 2 is complete. Property Services 1. To be sent under separate cover. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area(including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The applicant should note that the fire flow available to the site is 1,000 GPM, therefore no residences over 3,600 SF in area can be permitted on the subject site due to the limited fire flow available. 2. All building addresses shall be visible from, or posted sit, the public street. Plan Review—Sewer 1. Separate sewer stubs are required for each new lot prior to recording of the short plat. • 2. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. Plan Review—Surface Water 1. Roof drains shall be tightlined to the storm system whenever feasible. 2. This project is exempt from detention and water qualiti per the 1990 KCSWM. 3. A temporary erosion control plan will be required end shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review—Streets/Transportation. Miscellaneous 1. Separate permits and fees for side sewer connections, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height(from bottom of footing to top of wall)will be require a separate buildiig permit for structural review. A geotechnical report is required with the submittal. 4. All wire utilities shall be installed underground per the City of Renton UnderGrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. • D5 - 4 T23N R5E W 1/2 W. • Q — 4 z., P . R 10 ID CV I • • - RM—F R-10 irliCV cr414 _ cv R 10 LL aL1 ;Liu' Mirk N� 10/ 1., -* r ' ,* '-49' . „,siii,,,, ry 1 E C c:'' ' Pa NE llti St c-- C VEll NE l Ot�i 1 --. CO ry • RM—F RM- �� % R-8 I nn NE 9th w alifin R-8 R-8 R-8 v R-8 R—8 J R-8Na) til O Li. -- O - -, . wc\ St. o W R-8 „� ( cas W il I �� , R—`� 5; �D _4., o i R-8 n 5 �3 Z 7. ,, �' R-8 W • NS R-8 z Hsi �' R-8CP) o I R-8 R-s NE ;� til ao R-8 w` NE Bth st 8 NE rt ` R 8 co R_ R-10 �� 5'. 2) R-8 17" 1 � ' t� co 1 R-8 Z R-8 �'s `� s — -1gth NE 7th PI R 8 8 NE R-8 R-8 i P1. NE R6th Fe, IL (P) go R-8 t• z, 'S •-8 I R-10 ' c R-8 CP r' er �� E.' ---"--T8 LI R-10 R-8 00 • NE 5th CtR-8 dmond o' -8 • Ct w cc) a)3\ o �N- R-8 R -8 I R-8 Z d' o a I ` rl R-8 FPrnalA ` il� i -o R- /ILP) � 8 NE 4th St. C Al III EXHIBIT 1 MECA ei I C A CA 11111 co~�Y � F'•\'- 16 T23N R5E W 1/2 ZONING Y 410 L+ C ♦ Gr ---- Renton City Limits t'i J PB/PW TECHNICAL SERVICES i:aeoo iFn,.ro$ 02/2B/07 l7IT� 9 T2�1V R KF UT 1 i1 •CITY OF RENTON PORTION OF THE NW 1/4 OF THE SW 1/4 OF SEC, 9, TWN. 23N., RNG 5 E., W.M. jl RENTON, WASHINGTON • SHORT PLAT # • LItkFOUND MONUMEIJ7 IN Ctnr8ASE • • r ` 1 I I 1 1 .je17 o:15 I MENDI '•'^ I S\. • 4 SIGN I / ET RAC 11332 Id _ BT WATER METER w yNhG 11332 _ -.-.- -•-' ® STORM DRAM MANHOLE F I I Ib MP 8. `• 114.59. 6 �;1 4.00'PUBLIC ROAD EASEMENT Zj WATER VALVE (!y' I 0.8 , \3'WOOD.EN'CE: • :, TO THE CITY OF RENTON... • REG.N0. O CIRCLE CATCH BASIN Z, I I I ' Y Q FOUND AS NOTED 0 IOL ____ I I LOT 2 I 2 "� 5.7.1''' l,• 1•L`` ® SET AS NOTED SCALE 1" m 20' WATER\I g '.% MAIN l ///J/// / 0 MONUMENT IN CASE i 301 T.L. 722780-0930 %EXISTING 1 01 fp /GARAGE / 4I / TO BE �/? FlN TREE "I i 1 • ilk I 'ROPOSED-•T UNE REMOVED • APPLE TREE • 5. 113.00'E -B.0 g,.'\ �. 113.09 ` '. 1 k,-1 I CARPOR7 OCHERRY TREE 70 BE • ro 1 REMOVED I r+' E DECIDIOUS 1REE I I i • NOUND CASE MONUMENT I V I HOUSE G '1 C.O.R Y 398 ( r7 I .�. .,/,...,,,,,,,,,,,,,,,,,.. , _ _ y T '�. - 2T..13-a.. . ..'.2 0" f • I FOAL DESCRIPTION-OF �''• ��B.O'PUBLIC ROAD DEED TO ALLEY DEED AREA • I Fso4�.,.1 I i I LOT 1 THE CITY OF RENTON• ' Ae.• i 20.3' REC.NO,. OUND IflON PIPE IIET RAC 11332 THE EAST 8 FEET OF: I I 2b. I ET RdlC 13 LOT 8 OF BLOCK 29 IN CORRECTED PLAT OF RENTON " I _ ...5615"E _ HIGHLANDS NUMBER 2,AND ADDITION TO THE CITY OF I i ��; -r 84.90' �.Op� -'-'- - ""- - RENTON AS RECORDED IN VOLUME 57 OF PUT,ON y `• ' PAGES 92 THROUGH 98,IN KIND COUNTY,WASHINGTON I OISDRALR a 1 . •A.0'Y4'1T h0'S4 M • I FOUND'. I I' ® �' u . y"WATER MAIN NE 7TH i l HTREET • CITY OF RENTON I MONUMENT .1 / J SURVEY CONTROL NETWORK _.,_. _._._.._.._.._.._.._.._ _.. \ .._ I rTTY'OF RENTON/398 ' —' —r:-' —' —' —' —' --'--' - , _ LOCA710N: FOUND A 3/B'COPPER PLUG AND A PUNCH NI"' ' —� —II MARK ON A 41'X4'CONCRETE POST MONUMENT DOWN 0.4' 1 " p: IN A MONUMENT CASE IN THE CONSTRUCTED CENTERLINE Y\. -1 _ ' OF EDMONDS AVENUE NE IN FRONT OF HOUSE NUMBER Ia I o. 801 Im MONUMENT:,3/B IN CU PLUG AND PUNCH ON 4 IN X 4 IN i CONCRETE MONUMENT,IN CASE,ON.0.4' IIA • FOUND MONUMENT FOUND BASIS OF BEARING. NORTHING: 56022.140 EASRNG: 398113.614 0 „_„_ _ _ _ THE BEARING OF N 01112.34'E BETWEEN CONTROL 183,800.1901 1,306,144.4139 MONUMENTS#612 AND#398 PER THE CITY OF RENTON ELEVATION: 86,894 I. '285.0847 n rl:1 FOUNO MONUMENT CITY OF RENTON /612 W' ,IN CASE LOCATION: FOUND A 3/8'COPPER PLUG AND A PUNCH h(CUR 8612 MARK ON A 4'04'CONCRETE POST MONUMENT DOWN 0.4' �'} IN A MONUMENT CASE IN THE CONSTRUCTED CENTERLINE OF EDMONDS AVENUE NE APPROXIMATELY IOU'50U714 OF FERNDALE AVENUE NE,SEE CITY OF RENTON MONUMENT REFERENCE CARD 612. MONUMENT: 3/B IN CU PLUG AND PUNCH ON 4 IN X 4 IN CONCRETE MONUMENT,IN CASE.ON.0.4 NORTHING: 55213.302 EASRNG: 398098.F JKH PACIFIC SHORT PLAT 101,145.6416 1,306,006.0f ELEVATION: 79.288 1260 .0684 gttuP •••� Av ��/'/'``'LL'' s NOTE aT N08 EXHIBIT 2 ~y Y i 1,..!,,j/4t ALL MONUMEN Ts SHOWN WERE VISITED DECEMBER 2007. 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I00051510111 •SET AS NOM 1 g 'ell e 0,—„,,,,,,,,,, 1 GAL CONT, I EXHIBIT 3 Ik o Celevey Oven.. 0 MONIIMINI IN CASE ... Ourzrnarr=„331aponlea I C3.3. CONT . e-,..i,;''' APPLE IIIEL Joe No.untr-0. ...."I FOUND MONUMENT 0 Lavandula anpuffol'a COAL CONT. 0850 NO.1521.921— 'Vg.oc.t7. -. , . ., .pea,.1,18 SHEET 1 OF 1 ...c . . ....... .---- .— — -. ..... . _ .-._--__ -...._. ... ......_ ... ..._. ..- ... ... . U CITY OF RENTON COUNCIL AGENDA BILL AI#: 7f ri r Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department August 4, 2008 Staff Contact Iwen Wang Agenda Status Finance & IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Fortuna LLC dba Treasure Casino and Restaurant Ordinance Bankruptcy Claim Resolution Old Business Exhibits: • New Business 1. Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... $19,346.43 Transfer/Amendment Amount Budgeted Revenue Generated . Total Project Budget City Share Total Project SUMMARY OF ACTION: Fortuna LLC dba Treasure Casino and Restaurant filed Chapter 7 bankruptcy case on December 31, 2007. City of Renton filed a claim against the bankruptcy trustee for$88,249.53 of past gambling taxes and utility charges. Upon reviewing the City's claim, the trustee believes some of the taxes and fees they paid to the City during the 90-day period immediately prior to the filing should be recaptured by the trustee and for later distribution once all claims are identified and assets liquidated, based on priority positions of the claims. It is not unusual to see a return of$1 on a$100 outstanding debt when a bankruptcy claim is paid. The portion of the payment they say should be recaptured is $54,732.23 based on the checks they made to the City between October 2007 and January 2008. If we do pay them this amount, that would be added to the $88,249.53 original claim the City filed. Ann Nielsen, Assistant City Attorney, did further research and analysis and was able to argue that the payment was for expenses incurred prior to the 90 day preference period portion ($25,385.80) of their $54,732.23 payment is for continuing business operations during the period which is exempt from the recapture. This would still require us to pay $29,346.43 back and wait until final resolution of the bankruptcy to see if we can get any money back. She was able to negotiate with the trustee to accept$19,346.43 payback from the City in exchange for the City to waive our . claim. C:\Documents and Settings\MRoy\Desktop\2008_Treasure Casino Bankruptcy Claim.doc - — -- i 7 Of:Airr(?' FINANCE AND INFORMATION SERVICES DEPARTMENT MEMORANDUM DATE: July 25, 2008 TO: Marcie Palmer, Council President Members of the,Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, Firjance & IS Administrator SUBJECT: Fortuna LLC Ciba Treasure Casino and Restaurant Bankruptcy Cliaim ISSUE Should the City consider a settlement with the bankruptcy trustee for outstanding taxes and fees due to tle City? 411 RECOMMENDATION Staff recommends that the City return $19,346.43 as negotiated by the City Attorney's Office and waive the bankruptcy claim previously filed by the City of Renton. This recommendation will require Council to approve to write off the full amount of $107,595.96 ($88,249.53 + $19,346.43) as uncollectible bad debt. BACKGROUND SUMMARY Refer to attached Memorandum from Ann Nielsen, Assistant City Attorney of July 25, 2008. � CONCLUSION After speaking with the Trustee and Treasure Casino, they are amendable to Options 2 and 3. Their preference is Option 2 — and has agreed to stipulate to amend our original claim to add the returned amount. The recommendation by the Assistant City Attorney is Option 3. Given the number of other creditors with valid claims and likely higher preference level, it is highly unlikely that the City could recover much after disbursement to the other creditors. (Note: the City's claim does likely quality as non-dischargeable debt, but if there are no remaining funds, debt, whether dischargeable or not is irrelevant.) Therefore, it appears prudent to settle now by giving back the least amount possible. cc: Jay Covington,CAO • Marty Wine,Assistant CAO Bonnie Walton,City Clerk h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 treasure casino bankruptcy.doc 1 Gp CITY, OF RENTON + + Office of the City Attorney • ��0,� Denis Law,Mayor Lawrence J.Warren Senior Assistant City Attorneys MEMORANDUM Mark Barber Zanetta L.Fontes Assistant City Attorneys TO: Iwen Wang,Finance Director Ana S.Nielsen FROM: Ann Nielsen,Asst. City Attorney carton Newco RE: Fortuna LK bla/Treasure Casino,Bankruptcy Case No. 07-16291-§ffn E.Arthur DATE: July 25 2008 BACKGROUND/HISTORY The above-referenced matter,Fortuna LLC d/b/a/Treasure Casino and Restaurant("Treasure Casino")was first sent over to the City's Attorney's Office by Mary Roy several months ago. The matter was referred to this office because Treasure Casino had filed for Chapter 7 Voluntary Bankruptcy on December 31,2007. Finance requested for this office to handle the paperwork to submit as a creditor. The amount sought by the City consisted of past owed gambling taxes for third and fourth quarters 2007,associated penalties and unpaid utility bills. Based on the - inforuaation provided by Mary Roy, the City filed a claimin the amount of Eighty-Eight Thousand, Two Hundred Forty Nine Dollarsand Fifty-Three cents($88,249.53). After this claim was submitted,;on the City received a letter from David Gebben dated June 9, 2008. Gebben is the trustee assigned to the Treasure Casinobankruptcy matter. According to this letter,the City received payment totaling.approximately Sixty-Thousand Dollars • ($60,000.00)from Treasure Casino within the time period of October 1,2007 through December 31,2007_the date of the filing of bankruptcy: PREFERENCE STATUTE ' Under the Bankruptcy Code provision, 11 U.S.C. §547"the Trustee may avoid and recover any payment(s)which the debtor made to its creditor(s),during the 90 day period prior to the commencement of the bankruptcy case,which has the effect of providing those creditor(s)with a greater return than creditors)who did not receive payments)of that type" This provision is commonly referred to as the"preference statute." As the name implies,the policy behind the statute is to place all creditors on equal footing and to ensure that the disbursement of any existing funds are distributed according to established priority and preference. This rule is designed to prevent a would-be bankruptcy filer from giving preference to certain creditors over others(who may have a higher level of claim status). In practical application, if a entity intends on filing for bankruptcy, it may seek to pay off certain favored creditors(who may not necessarily place a higher level once the bankruptcy proceeding has been filed)before filing so that those favored creditors can get their amounts due and not have to stand in line among other creditors(who may have a higher level of preference.) As with any statutory provision,there are exceptionsto the general rule. Those exceptions are set out in§547(c). In his letter,Gebben refers to a possible.exception for taxes owed,but does so,only to point out that those instances are specifically limited to"trust fund taxes." He goes on to state that he does not believe that the City's situation is one that qualifies for an exception as a statutory trust fund. Having looked into this analysis,I tend to agree. T �T Post Office Boa 626-Renton,Washington 98057-(425)255-8678/FAX(425)255=5474 �! E N j 0 lr AHEAD OF THE CURVE This papercantairs50%re*ied'rt coresurrter m Treasure Casino Bankruptcy • July 25.2008 Page 2 However,I believe that the City's case may qualify under one of the other exceptions set forth in §547(cX2XA),which states in relevant part: The trustee•may not avoid under this,section a transfer-: To the extent that such transfer was in payment of a debt incurred bythe debtor in the ordinal),course of business or financial affairs of the debtor and the transferee, and such transfer was— Made in the ordinary course of business or financial affairs of the debtor and the transferee; If the City canshow that any part of the alleged$60;000.00 collected during the 90 day period at issue falls within this provision,we could argue to prevent Gebben from seeking to recover this amount. To assess Whether any or all part of this amount qualifies,the operative test is to determine the due date of the bill%invoice. If any of the amounts were due within the 90 day preference period,those amounts would qualify for the exception. However, if any of the amounts were due outside the 90 day preference period,the trustee is entitled to recover•those.amounts,regardless of when they were paid. . As applied to our case,we have made the fallowing,sleterinination: The actual amount being demanded backby the trust as • payment made duringthe Preference perio ds $54,732.23 Based on a review of our recbrds,we have now determined that the amount which qualifies under•the`albove:exception is $25,385.80 Hence,the amount to be returned to the trustee is : $29,346.43 If we agree to return the$29,346:43,that athotmt Will be added to our original claim amount of $88,249.53,bringing our total claim against Treasure Casino.to$117,595.96. OPTIONS OPTION 1-Refuse Trustee's Demand ofPreference Period Amount: amount,the trustee and like would instate an If the City refuses to return the any amo can, likely adversarial proceeding in federal.bankruptcy court against the City to recover those amounts. This would then require the City to commence defense of this action which n would then end up costing the city money in legal fees. OPTION 2—Return Non-ExceptionAmounts and Add to Claim If the City agrees to return the$29,346.43,that amount will be added to our original claim amount of$88,249.53,bringing our total claim against Treasure Casino to $117.595.96. The downside to this scenario is that there are several other creditors with claims against Treasure Casino. R 1' 411) Treasure Casino Bankruptcy Judy 25,2008 Page 3 The claims will be paid out in accordance with established statutory priorities. Of them, wage claims would supersede our tax and.penalties claim. In Treasure Casino's case, there are two minor wage claims." However,there are also several other tax claims, including ones by the State and the Internal Revenue Service. The IRS's claim is in excess of Six Hundred Thousand Dollars($600,000.00)of which approximately Four Hundred Fifty Thousand($450,00.00)is a secured amount. The City's claim would likely fall behind that of the IRS and it is unclear how much,if any amounts would remain for the City. OPT70N 3—Negotiation and Settlement I have negotiated the matter with the trustee,and Treasure Casino is willing to forego an additional$10,000.00 of the amount the City received during the 90 day preference period in exchange for the City withdrawing its claim. Under this,the City would agree to return $19,346:43 as follows: The amount recoverable by trustee.as outside exception $29,346.00 Additional amount offered for settletu ut purposes $10.000.00 Total amount to be returnedto'Trustee with withdrawal of claim $19,346.43 RECOMMENDATION _ - _ I have spoken with the Trustee and Treasure;€ ino is amendable to Options 2 and 3. Their preference is Option 2--and has agreed"to stfpuate to amend our original.claim to add the returned amount. My recommendation is Option.3. Given'the number of other creditors with valid claims and likely higher preference level,it is highly unlikely that the City could recover much after disbursement to the other creditors. (Note,,,—the City's claim does likely qualify as non-dischargeable debt,but if there are no'remaining funds,debt,whether dischargeable or not is irrelevant.) Therefore,it appears prudent to settle now by giving back the least amount possible. cc: Jay Covington Lawrence J.Warren • CITY OF RENTON COUNCIL AGENDA BILL AI#:• ,r E SubmittingData: For Agenda of: Dept/Div/Board.. Fire and Emergency Services August 11, 2008 Department/Emergency Management Staff Contact Emergency Management Director Agenda Status Deborah Needham Consent X Subject: Public Hearing.. Conversion of Secretary I position to Emergency Correspondence.. Management Coordinator Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... $32,983.00 Transfer/Amendment n/a Amount Budgeted $32,983.00 pending grant Revenue Generated $0.00 Total Project Budget... n/a City Share Total Project.. n/a SUMMARY OF ACTION: The Fire and Emergency Services Department requests a reorganization, converting a Secretary I position to an Emergency Management Coordinator position. STAFF RECOMMENDATION: Authorize the reorganization of the Fire and Emergency Services Department to convert a Secretary I position to an Emergency Management Coordinator position. • �Y O� FIRE & EMERGENCY SERVICES ® ♦ DEPARTMENT • MEMORANDUM DATE: August 4, 2008 TO: Marcie Palmer, Council President Members of the City Council VIA: JY ' Dennis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrato STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: Conversion of Secretary I position to Emergency Management Coordinator ISSUE Should the Council approve the Fire and Emergency Services Department's request to reorganize in order to better meet the needs of the Department and the City? Proposed is the conversion of one Secretary I position within the Department to the full-time, regular • position of Emergency Management Coordinator. BACKGROUND SUMMARY Since professional responders cannot be everywhere that help is needed immediately after a disaster, emergency worker volunteer programs augment the ability of the City to respond effectively in a disaster by engaging and training citizens in disaster preparedness and response. A full-time, regular staff position dedicated to the cultivation and oversightht of these programs will enhance their viability as an emergency response resource. The recent Benson Hill annexation added to the Emergency Management service area. A non-regular position was staffed part-time to provide a smooth transition in the merging of the two Community Emergency Response Team (CERT) programs and the two Amateur Radio programs already in existence in Fire District#40 and the City of Renton. This "merge" has now been accomplished. A large combined CERT class from within the expanded City boundaries graduated new volunteers this past May. Both the CERT and the Amateur Radio volunteer programs are growing under the direction of the non-regular staff position, but the limited duration term of that appointment is expiring. Recognizing the importance of citizen engagement in disaster preparedness and response, the Fire and Emergency Services Department has re-evaluated the organization of the Department. Rather than fill the newly vacant Secretary I position, the Department • proposes that those duties be absorbed by other administrative staff within the Marcie Palmer, Council President • Members of the City Council August 4, 2008 Page 2 of 2 Department and the budgeted salary and benefits of the Secretary I position be assigned instead to the creation of the new position of Emergency Management Coordinator. Based on salary surveys, it is estimated that the Emergency Management Coordinator position will be within the salary range of a grade m20 ($54,888 - $66,888). Ongoing expense, using the maximum amount fora grade m20, would be approximately $103,342 per year, including benefits. For comparison purposes, the existing Secretary I position is a grade a05 ($37,416 - $45,540). The difference between the two grades, using the maximum step amount, is $21,348 in salary costs. With benefits costs factored in, the difference is approximately $32,983. Grant funding under the Emergency Management Performance Grant has already been secured to provide the funding for this position in 2008, so there will be no net cost to the City to fund this position, pending receipt and signing of that grant contract. Although the Emergency Management Performance Grant is not competitive and is reliably funded annually, should this grant ever be withdrawn, the net impact to the City would be approximately $32,983 annually to have in Emergency Management Coordinator instead of the Secretary I position already funded in the budget. • Human Resources personnel have finalized the position analysis and determined this position to be an exempt, non-union position based on several aspects of the nature of the work. Representatives of Local 2170 disptgree with the determination made by Human Resources. RECOMMENDATION Authorize the reorganization of the Fire and Emergency Services Department to convert the Secretary I position to an Emergency Management Coordinator position. • CITY OF RENTON COUNCIL AGENDA BILL I AI#: �r. Submitting Data: For Agenda of: August 4, 2008 Dept/Div/Board.. Human Resources/Risk Management Staff Contact Nancy Carlson Agenda Status Consent Subject: Public Hearing.. Position Reclassifications and Classifications for Correspondence.. positions effective July 2008. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: $0 Expenditure Required... $6,222 Transfer/Amendment Amount Budgeted $6,222 Revenue Generated Total Project Budget City Share Total Project.. •SIJM1VIARY OF ACTION: Salary Adjustments and title changes are recommended for the following position classifications: Current Title Current New Budget Grade Grade Change 2008 Financial Systems Coordinator (to Sr. Finance a25 m25 $2,076 Analyst) Street Maintenance Manager (new position due to m28 $ 0 Benson Hill Annexation) Waste Water Maintenance/Special Operations Manager m26 m28 $1,980 Court Services Director m30 m38 $2,166 STAFF RECOMMENDATION: Approve salary grades for existing and new positions, effective July 1, 2008. Funds to implement these changes were included within the 2008 budget. • Rentonnet/agnbill/ bh _ 1 • ti`s Ove HUMAN RESOURCES & RISK ® ♦ MANAGEMENT DEPARTMENT • MEMORANDUM DATE: July 18, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Nancy Carlson, HR&RM Administrato ger STAFF CONTACT: Eileen Flott, HR Manager SUBJECT: Position Reclassification and Classifications for new position effective July 2008. ISSUE Should the Council approve the position classifications and related salary adjustments for three positions within the City's salary schedule? • RECOMMENDATION Authorize classification and pay grade of three existing positions, and one new position created as a result of the Benson Hill Communities annexation. BACKGROUND Two position classifications need to be authorized by the City Council and included within our budget. The Human Resources Department has completed its review of these positions and recommends the adjustments outlined below. The first position listed below is a result of a re-class process that was conducted this year as a result of a re-organization in the Finance Division. The second position is a result of the creation of another position and creating internal equity within the Division, and the third position is a result of creating internal equity with other Directors. Council approved the third position in the Benson Hill annexation budget. However, the salary grade approved in the annexation budget was only a placeholder, since Human Resources had not analyzed the appropriateness of the grades. Human Resources has now finalized its analysis and has reviewed this position. There is no additional cost of implementation during FY 2008. One other position was reviewed by Human Resources but was determined no significant change in duties, and therefore, recommend no change in salary. • is\files\reclass\council\2008 issue july reclasses.doc 's- Eileen Flott Page 2 of 2 7/18/2008 If approved, the recommended salary adjustments contained in this report would be • effective on July 1, 2008. The salary analysis affects positions in the AJLS, Finance and Information Services, and Public Works Departments. FINANCE, INFORMATION & RISK MANAGEMENT Financial Systems Coordinator(Local 2170, grade a25): The duties of the Financial Systems Coordinator position are no longer needed by the Department. The duties of a Senior Finance Analyst are now required of this position. Therefore, we recommend re- classifying the position of Financial Systems Coordinator to the non-represented position of Senior Finance Analyst, grade m25 effective July 1, 2008 PUBLIC WORKS Waste Water/Special Operations Manager(Non-Represented, grade m26): The duties and responsibilities have not changed significantly. Our recommendation to reclassify this position is based upon internal equity. We recommend the position be increased to grade m28 effective July 1, 2008. Street Maintenance Manager(Non-Represented, grade m26): This position is a new position due to the Benson Hill Annexation. Our recommendation to place this position in grade m28 is based upon internal equity and labor market analysis, effective July 1, 2008. • ADMINISTRATIVE,JUDICIAL AND LEGISLATIVE SERVICES Court Services Director (Non-Represented, grade m30). The duties and responsibilities have not changed. However, due to internal equity with other Directors we recommend the position be increased to grade m38 effective July 1, 2008. HUMAN RESOURCES & RISK MANAGEMENT HR Systems Technician (Non-Represented, grade n11). The duties and responsibilities have not changed significantly. Therefore, no salary adjustment is recommended at this time. • is\files\reclass\council\2008 issue Y'ul reclasses.doc july I 1 CITY OF RENTON COUNCIL AGENDA BILL AI #: 7 , Submitting Data: Public Works Department For Agenda of: • Dept/Div/Board.. Transportation Systems Division August 4, 2008 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (ext. 7471) Consent X Subject: Public Hearing.. Correspondence.. AcuWings, LLC—Ground and Building Lease—760 Ordinance West Perimeter Road Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Lease Information Airport Lease/Operating Permit Application Form Letter from Certified Public Accountant AcuWings Business Plan Letter from GVA Kidder Mathews Summary Appraisal Report of Renton Municipal Airport Properties May 15, 2007 Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Insurance Fiscal Impact: Expenditure account is 422.000000.016.5940.0046.63.000000 Revenue account is 402.000000.000.3620.0050.00.000000 110 Expenditure Required... $93,259 Transfer/Amendment Amount Budgeted $93,259 Revenue Generated $44,076.90/yr Total Project Budget $93,259 City Share Total Project.. SUMMARY OF ACTION: AcuWings, LLC has completed an application for a lease of Airport property per the Renton Municipal Airport, Airport Leasing Policies. AcuWings' Financial Capacity Score allows the company to secure a five (5) year lease from the City for the 760 leased area. The purpose of use of the premises by AcuWings will be for flight instruction, the sale and rental of aircraft, and the sale of aviation- related merchandise. The lease of the 54,478 square foot parcel includes a lease of two manufactured buildings, one which will need to be moved onto the site from Apron B. The "300" Building, currently located on Apron B, was appraised in 2007. The high end of the appraisal rate was applied to the buildings. The ground rate applied to the leased area is based on the current 2007 appraised rate of$0.57/square foot per year. The two buildings will generate $13,024.44/year and the ground will generate $31,052.46/year or a total amount of$44,076.90iyear, plus leasehold excise tax. Relocation of the "300" Building from Apron B to the 760 leased area will require a capital investment by the City. The 2008 budget for relocation of the building and connection to the nearby utilities is $93,259. The lease will begin on December 15, 2008, and the building must have an approved occupancy permit by that date. In the meantime, the City will execute a month-to-month lease of the ramp space on the 760 leased area, at $0.57/square foot per year for AcuWings, which then • will terminate at the start of the long term lease for the 760 leased area. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign the building and ground lease with AcuWings, LLC for a five (5) year lease of the 760 leased area. ti`SY \O PUBLIC WORKS DEPARTMENT U ;; ® 1♦ III MEMORANDUMM N DATE: July 25, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: �' Denis Law, Mayor FROM: Gregg Zimmermar dministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(ext. 7471) SUBJECT: AcuWings, LLC— Ground and Building Lease— 760 West Perimeter Road ISSUE: Should a five (5) year building and ground lease be signed with AcuWings, LLC for lease of the 760 area? . RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign the building and ground lease with AcuWings, LLC for a five (5) year lease of the 760 leased area. BACKGROUND SUMMARY: AcuWings, LLC has completed an application for a lease of Airport property per the Renton Municipal Airport, Airport Leasing Policies. The purpose of use of the premises by AcuWings will be for flight instruction, the sale and rental of aircraft, and the sale of aviation-related merchandise. The lease of the 54,478 square foot parcel includes a lease of two manufactured buildings. One building, currently known as the "300"building, will need to be moved onto the 760 leased area from Apron B. The "300" Building, currently located on Apron B, was appraised in 2007. The high end of the appraisal rate was applied to the buildings. The ground rate applied to the leased area is based on the current 2007 appraised rate of$0.57/square foot per year. The two buildings will generate $13,024.44/year and the ground will generate $31,052.46/year, or a total amount of$44,076.90/year, plus leasehold excise tax. • Relocation of the "300" Building from Apron B to the 760 leased area will require a capital investment by the City. The 2008 budget for relocation of the building and connection to the nearby utilities is $93,259. Marcie Palmer,Council President Members of the Renton City Council August 4,2008 Page 2 of 2 • GVA Kidder Mathews was asked to evaluate the return on the City investment in the needed improvements (see attached GVA Kidder Mathews letter). Assuming that the project is delivered on budget, GVA Kidder Mathews described the project as a "profitable endeavor." The analysis, however, did not contrast the performance of this development to other developments that could occur on this property. The lease will begin on December 15, 2008, and the building must have an approved occupancy permit by that date. In the meantime, the City will execute a month-to-month lease of the ramp space on the 760 leased area, at $0.57/square foot per year for AcuWings, which then will terminate at the start of the long-term lease for the 760 leased area. To summarize, the proposed lease and lessee have met the following tests: 1. Proposed use is aviation related; 2. Proposed use needs access to the runway; 3. Proposed use is appropriate for the size and location of the leased area and buildings; 4. The lessee will be paying the appraised building and ground rate; 5. The lessee completed the Airport Lease/Operating Permit Application Form (see attached application); 6. The lessee's Financial Capacity Score, as determined by a City-approved Certified Public Accountant, is 18 (see attached letter froin Virgil E. Knedlik, CPA); • 7. The lessee's Financial Capacity Score allows the lessee to secure a five (5) year lease from the City; 8. A lease has been negotiated between the prospective lessee and the City. CONCLUSION: Approval and execution of the lease will result in AcuWings, LLC removing the Federal Aviation Regulation, Part 16 Complaint against the City. Once the complaint is dropped, the City's project to repave the runway using a federal grant should have a better chance of receiving federal funding. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airpcirt Secretary File • H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\0l Tasks\Agenda Bills\Agenda Bill-AcuWings Lease-760 Parcel\Issue Paper--AcuWings 760 Lease.doc LAG 08- . BUILDING LEASE • Between City of Renton and AcuWings, LLC THIS LEASE (hereinafter "Lease") is made and entered into this day of , 20 by and between THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Landlord") and AcuWings, LLC, a Washington limited liability company(hereinafter"Tenant"). FOR VALUABLE CONSIDERATION and in consideration of the covenants and agreements set forth in this Lease, Landlord and Tenant agree as follows: 1. GRANT OF LEASE: l.a. Legal Description: Landlord hereby leases to Tenant, and Tenant leases from Landlord for the,Term described in Paragraph 3 below, the parcel of land, which is a portion of the real property legally described in Exhibit "A" (captioned "Legal Description and Lease Map"), which is attached hereto and incorporated herein by this reference, together with the improvements, if any, presently located on such plat of ground (collectively, the "Premises"). • Said Premises include the northern one-half(1/2) of the drive lane connected to Gate V-4, which drive lane is on the southern portion of the leased area. 1.b. Common Areas: Tenant, and its authorized representatives, shall have the right to use, in common with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards, the public portion of the Renton Municipal Airport (Aka Clayton Scott Field. Hereinafter referred to as "Airport"), including the runway and other public facilities provided thereon. 2. CONDITIONS: 2.a. Specific Conditions: This Lease, and Tenant's rights and permitted uses under this Lease, are subject to the following: 2.a.(1) Easements, restrictions and reservations of record and as further set forth herein; 2.a.(2) Such rules and regulations as now exist or may hereafter be promulgated by the Landlord from time to time, including the Airport Regulations and Minimum Standards, and Landlord's standards concerning operation of public aviation service activities from the Airport, and LEASE AGREEMENT 1 • City of Renton to AcuWings, LLC. a Washington limited liability corporation 1 , LAG 08- 2.a.(3) All such non-discriminatory charges and fees for such use as may be established • from time to time by Landlord. 2.b. No Conveyance of Airport: This Lease shall in no way be deemed to be a conveyance of the Airport, and shall not be. construed as providing any special privilege for any public portion of the Airport except as described herein. The Landlord reserves the absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. 2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Landlord from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, (Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Landlord hold:; and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington(chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of this Lease are or become in conflict with or impaired or • defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this Lease affected thereby, all without any liability on the part of; or recourse against, Landlord in favor of Tenant, provided that Landlord does not exceed its authority under the foregoing legislation, rules and regulations. 2.d. Future Development/Funding: Nothing contained in this Lease shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Landlord, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 3. TERM: 3.a. Initial Term: The initial term of this lease(herein referred to as "Term") shall be for a five (5) year period commencing on the December 15, 2008, (herinafter "Commencement Date"), and terminating on December 14, 2013, (hereinafter"Expiration Date"). LEASE AGREEMENT 2 City of Renton to AcuWings, LLC. • a Washington limited liability corporation L 1 - LAG 08- 3.b. Option to Extend Term: In the event that Tenant has fully and faithfully complied • with all the terms and conditions of this Lease throughout the InitialTerm, then Tenant shall have the right to extend the Term of this Lease for a further period of five(5) years. 3.b.1. Rental: The amount of rental to be paid during any extended term shall be negotiated at the time Tenant notifies Landlord of Tenant's desire to extend the Term of the Lease. 3.b.2. Notice of Desire to Extend Lease Term: Notice of Tenant's desire to exercise its Option to Extend the Term of the Lease shall conform to the requirements in Section 24 below. 3.b.3. Addendum: No Extension of the Lease Term will be effective unless and until an Addendum is executed between the Landlord and Tenant. 4. RENT: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of three thousand six hundred seventy three and 02/100 Dollars ($3,673.08), PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month during the Term. All such payments shall be made to the Director of Finance, City of Renton, City Hall, 1055 South Grady Way, Renton, Washington 98055. The Monthly Rent is computed as follows: 41) Ground (54,478 square feet)($0.57 per square foot per year) =$31,052.46/yr 760 Building ($850/mo)(12 mo) = $10,200.00/yr 756 Building(Pilot Briefing Building) ($235.37/mo)(12 mo) = $2,824.44/yr Minimum Monthly Rent= $31,052.46/yr(Ground) +$10,200/yr(760 Building) + $2,824.44/yr (756 Building) =12 mo =$3,673.08 Minimum Monthly Rent+Leasehold Excise Tax 4.b. Periodic Rental Adjustment: The Minimum Monthly Rent shall be subject to adjustment on the third (3'1) anniversary of the Commencement Date and every three years thereafter on the anniversary of the Commencement Date (any of which shall hereinafter be referred to as "Adjustment Date") as follows: The Consumer Price Index for All Urban Consumers for Seattle-Tacoma-Bremerton, All Items (1982-84=100) published by the United States Department of Labor, Bureau of Labor Statistics ("Index") which is published nearest, but preceding, the Commencement LEASE AGREEMENT 3 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- Date (the `Beginning Index") shall be compared with the Index which is published nearest,but preceding, each Adjustment Date(the"Adjustment Index"). • For the first Periodic Rent Adjustment, if the Adjustment Index has increased over the Beginning Index, the Minimum Monthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the Minimum Monthly Rent provided for in Section 4.a. of this Lease by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The product shall be the "Adjusted Monthly Rent" In no event shall the Minimum Monthly Rent be less than the Minimum Monthly Rent set forth in Section 4.a. of this Lease. 4.c. Dispute Resolution: If the parties are unable to agree upon such adjusted rental by negotiation for a period of thirty calendar(:30) days, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Lessor and Lessee do hereby agree that the arbitration process shall be limited to not more than one hundred fifty(150) calendar days, using the following procedures: 4c(l). Lessor shall select and appoint one arbitrator and Lessee shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in paragraph 4e. Lessor and Lessee shall each notify the other, by Certified Mail, of the identity of their arbitrator and the date of the postmark of the letter shall be considered the date of appointment. The iwo appointed arbitrators shall meet, and if unable to agree within a period of thirty (30) days after such appointment, shall, within a period of thirty (30) days, select a third arbitrator. For this process, a maximum of one hundred twenty (120) • calendar days shall be allowed. 4c(2). The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision, The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. For this process, a total of thirty(30) calendar days shall be allowed. 4c(3). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airport rentals and use charges in King County and shall give due consideration to any change in economic conditions from the preceding rental period. 4c(4). Leasehold improvements made by the Lessee shall not be considered as part of the leased premises for the purpose of future adjustments or readjustments of the rental rates. 4c(5) The two arbitrators shall make their decision in writing within sixty(60) days after the date of their appointment, or in the event of a third arbitrator, within sixty(60) days after the third arbitrator's appointment, unless the time is extended by the agreement of both parties. LEASE AGREEMENT 4 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- After a review of all pertinent facts the board of arbitrators may increase or decrease such rental rate or continue the previous rental rate for the ensuing three (3) year term. 4c(6). Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties. 4c(7). The readjusted rental in each case, whether determined by arbitration or by agreement of the parties themselves, shall be effective as of the rental Adjustment Date. 4c(8). The provisions of this subsection shall govern disputes other than those to which Section 8.h(5) applies. 4.d. Late Payment Charge: If any Rent or fee required by this Lease is not received by Landlord from Tenant by the tenth (10th) calendar day after such Rent or fee is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent per month or fee for each month such Rent or fee is delinquent, until paid. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent or fees, Landlord's acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. If any check received by Landlord from Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant agrees to pay, an additional charge up to the maximum amount allowed by law. • 4.e. Other Fees and Charges: Tenant shall pay, in addition to the Minimum Monthly Rent and other charges identified in this Lease, all fees and charges now in effect or hereafter levied or established by Landlord or charged against the Premises by Landlord, or levied or established by, or against the Premises by, any other governmental agency or authority, being or becoming levied or charged against the Premises, structures, business operations, or activities conducted by or use made by Tenant of, on, and from the Premises, including without limitation, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. 5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid separately to the Director of Finance, City of Renton, at the same time the Minimum Monthly Rent is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate, then Tenant shall pay such tax or charge when due. Such tax or charge shall be in addition to Minimum Monthly Rent and other charges payable under this Lease. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. Tenant shall pay for all utilities and services used in the Premises, including without limitation, electricity, gas, water, LEASE AGREEMENT 5 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- sewer, garbage removal, janitorial service and any other utilities and services used in the Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any • variation, interruption, or failure of any utility services due to any cause whatsoever. Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as in eviction of Tenant, or relieve Tenant from any of its obligations hereunder. 7. TENANT'S ACCEPTANCE OF PREMISES & RESTROOM FACILITIES 7.a. Acceptance of Premises: Tenant accepts the Premises in their "AS IS" condition with the improvements set out in the Second Addendum being perfomed by the Landlord. The tenant acknowledges that Landlord has complied with all of the provisions of this Lease with respect to the condition of the Premises as of the Commencement Date. Tenant accepts the Premises subject to all applicable federal, state, county and municipal laws, ordinances and regulations governing and regulating the use of the Premises. This Lease is subject to all such laws, ordinances and regulations. Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use. Except as otherwise provided herein, Landlord warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from Landlord, or others claiming by or through Landlord. 7.b. Provision of Restroom Facilities: Tenant agrees to construct and/or provide • restroom and/or toilet facilities for use by sub-tenants of hangars. The facilities so provided must be accessible by sub-tenants 24-hours per day, 7-days per week. Commercially available, portable chemical toilets are acceptable provided a neat and attractive appearance is maintained and the units are regularly serviced. The restroom/toilet facilities must be available to the flying public. 8. USE OF PREMISES: 8.a. Use of Premises: The Premises are leased to the Tenant for the following described purposes, in accordance with the Airport Regulations and Minimum Standards: 8.a.(1) The provision of flight instruction services. 8.a.(2) The sale and rental of aircraft, and 8.a(3) The sale of aviation related merchandise. 8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used for those purposes set forth above during the Term, shall not be allowed to stand vacant or idle, and LEASE AGREEMENT 6 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- shall not be used for any other purpose without Landlord's prior written consent. Consent of • Landlord to other types of activities will not be unreasonably withheld. 8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.d. Signs: 8.d.(1) Advertising: No advertising matter or signs shall be at any time displayed on the Premises or structures without the prior written approval of Landlord, which approval will not be unreasonably withheld. 8.d.(2) Building Address: The building street number, as assigned by the City of Renton, shall be displayed in the upper right-hand corner of the (east/west) end of each building, as viewed from East/West Perimeter Road. The number type and color shall be as directed by the Airport Manager, and the number size shall be as required by current Fire Code. 8.e. Conformity with Laws, Rules and Regulations: Tenant shall comply with applicable federal, state, county and municipal laws, ordinances and regulations concerning the Premises and Tenant's use of the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and activities in or about the Premises in conformity with all rules and regulations now or hereafter adopted by (i) Landlord, including the Airport Regulations and Minimum Standards, (ii) the Federal Aviation Administration, (iii) the State Aeronautics Commission, or • (iv) other governmental authority, all at Tenant's cost and expense. 8.f. Waste; Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the Premises or other buildings and improvements at the Airport. 8.h. Hazardous Waste: 8.h.(1) Tenant's Representation and Warranty: Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not and will not involve the use, production, disposal or bringing on to the Premises of any Hazardous Substances, as that term is defined in any federal, state, county, or city law or regulation, other than fuels, lubricants and other products which are customary and necessary for use in Tenant's ordinary course of business,provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply LEASE AGREEMENT 7 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- with all laws and with all orders, decrees or judgments of governmental authorities or courts • having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of Hazardous Substances, in, on or under the Premises, or incorporated in any improvements or alterations made by Tenant to the Premises, at Tenant's sole cost and expense. 8.h.(2). Standard of Care: Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are improperly used,'released or disposed in, on or under the Premises during the Term by Tenant, or its authorized representatives, or are improperly used, released or disposed on the Premises by the act of any third party. 8.h.(3) Compliance; Notification. In the event of non-compliance by Tenant, after notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premi:es and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if(i) such delay might result in material adverse harm to the Premises, or the Airport, or(ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities, and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in, on or under the Premises. 8.h.(4). Indemnity: • 8.h.(4)(a) Landlord shall have no responsibility to the Tenant, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, county or municipal laws, in the event of a release of or disposition of any Hazardous Substances in, on or under the Premises during the Term that is not caused by Landlord. Tenant shall defend, indemnify and hold harmless Landlord from any obligation or expense, including, but not limited to, fees incurred by the Landlord for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.105D, arising by reason of the release or disposition of any Hazardous Substances in, on or under the Premises during the Term that is not caused by Landlord. 8.h.(4)(b) Tenant shall have no responsibility to the Landlord, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any Hazardous Substance on, in, or under the Premises prior to the Commencement Date that is not caused, in'whole or in part, by Tenant. Landlord shall defend, indemnify and hold harmless Tenant from any obligation or expense, including, but not limited to, fees incurred by the Landlord for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.105D, arising by reason of the LEASE AGREEMENT 8 City of Renton to AcuWings, LLC. . a Washington limited liability corporation LAG 08- release or disposition of any Hazardous Substances in, on or under the Premises prior to the • Commencement Date that is not caused in whole or in part by Tenant. 8.h.(4)(c) The provisions of this Subsection 8.h.(4) shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 8.h.(5). Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any Hazardous substances in, on or under the Premises (a) occurred during the Term, or (b) was caused by Landlord, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of Hazardous Substances. The arbitrators shall make their decision in writing within sixty(60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 8.i. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington • State law concerning aircraft registration. See Exhibit "B" Aircraft Laws and Regulations, Title 47.68.250 RCW: Public Highways and Transportation. 8.i.(1). Tenant shall annually, during the month of January, submit a report of aircraft status to the Airport Manager. One copy of this report shall be used for each aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft using the Aircraft Status Report in the form of Exhibit "C" attached hereto. If an aircraft is unregistered, an Unregistered Aircraft Report, in the form of Exhibit "D" attached hereto, shall also be completed and submitted to the Airport Manager. 8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of sub-leasing tiedown or hangar space for an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the Tenant's Premises submits a report of aircraft status, using the Aircraft Status Report in the form of Exhibit "C" attached hereto, or, if an aircraft is unregistered, an Unregistered Aircraft Report, in the form of Exhibit "D" attached hereto. Tenant shall annually, during the month of January, collect the aircraft owners' reports and submit them to the Airport Manager. LEASE AGREEMENT 9 City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08-- 8.j. 8-8j. Aircraft airworthiness: • 8.j(1) Aircraft placed, parked or stored other than within hangar buildings must be airworthy. EXCEPT, whenever an aircraft is temporarily undergoing repairs, as permitted by Appendix A to part 43, Section C of the Federal Aviation Regulations (FARs), a red tag must be affixed to the aircraft stating the type of repairs being made, the date repairs started, and the date repairs are anticipated to be completed. When requested by the Landlord, the Tenant must provide proof that repairs to a specific aircraft are in progress and that the aircraft is not a derelict.. Tenant shall remove from the ramp any derelict aircraft within ten days after written notice to do so by Landlord, after an aircraft has been determined to be derelict pursuant to this section. Tenant's failure to timely remove a derelict shall be a material breach of this Lease. 8.j(2) Whether or not it is the intent of owner/operator to abandon the aircraft, a non- airworthy aircraft, upon which no repair is performed for a period of six (6) months, shall be presumed to be a derelict, EXCEPT, where the delay in repair is due to the anticipation of receipt of parts or components on order for no less than four(4) months AND said repair is necessary to make the aircraft airworthy. 8.j(3) Where an aircraft is not airworthy as a result of an emergency and the repairs that are required, so that the aircraft may be moved from the ramp, exceed those repairs permitted to be done by an owner or operator under Part 43, Appendix A, Section C of the FARs, AcuWings may obtain permission from the city for such repairs to be done and this will not be an • amendment of this Lease. 8.k. Tenant agrees not to store aircraft parts or supplies on the ramp. 8.k. Pre-Lease Environmental Assessment: Tenant shall, at its sole cost and expense obtain a Phase I Environmental Assessment, to be completed no more than five (5) months before the commencement of the lease and provide Landlord with two (2) original copies of the Assessment. 9. MAINTENANCE: 9.a. Maintenance of Premises: The Premises and all of the improvements or structures thereon shall be used and maintained by Tenant in a neat, orderly, and sanitary manner. Landlord shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Tenant is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises, whether as a result of the operation of Tenant's aircraft tie-down storage activities or having been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, including without limitation, the interior and LEASE AGREEMENT 10 City of Renton to AcuWings, LLC. II/ a Washington limited liability corporation LAG 08- exterior walls, floors, roof, and ceilings, and any structural portions of the Premises, the exterior II/ and interior portions of all doors, windows, glass, utility facilities, plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment, exterior utility facilities, and exterior electrical equipment serving the Premises. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section. 9.b. Removal of Snow/Floodwater/Mud: Tenant shall remove all snow and/or floodwaters or mud deposited therefrom from the Premises, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord upon the public areas of the Airport. 9.c. Maintenance, Repair and Marking of Pavement: Tenant shall be responsible for, and shall perform, the maintenance, repair and marking (painting) of pavement surrounding the buildings within and on the Premises. Such maintenance and repair shall be to Federal Aviation Administration standards as though the pavement were non-leased, public-use taxiway and/or apron pavement. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable pavement, as necessary. 9.d. Landlord May Perform Maintenance: If Tenant fails to perform Tenant's obligations under this Section, Landlord may, at its option, but shall not be required to, enter the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an emergency when no notice shall be required, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Landlord together with Tenant's next installment of Rent. 10. ALTERATIONS. 10.a. Landlord's Consent Required: Tenant will not make any alterations, additions or improvements in or to the Premises without the written consent of Landlord first having been obtained, which consent may be granted or withheld in Landlord's sole and uncontrolled discretion. 10.b. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises ("Work"), Tenant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' liens and other liens resulting from any Work. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in LEASE AGREEMENT 11 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any • judgment obtained by the claimant in its Suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may, at its option, in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 10.c. Bond: At any time Tenant either desires to or is required to make any repairs, alterations, additions, improvements or utility installation on the Premises, Landlord may, at its option, require Tenant, at Tenant's expense, to obtain and provide to Landlord a lien and completion bond in an amount equal to one and one-half(1-1/2) times the estimated cost of such improvements, to insure Landlord against liability for mechanics and materialmen's liens and to insure completion of the Work. 10.d. Landlord May Make Improvements: Tenant agrees that Landlord may, at its option and at its expense, make repairs, alterations or improvements which Landlord may deem • necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 10.e. Notification of Completion: Upon completion of capital improvements made on the Premises, Tenant shall promptly notify Landlord of such completion. 11. IMPROVEMENTS: As further consideration for this lease, it is agreed that upon the expiration or sooner termination of the Term, all structures and any and all improvements of any character whatsoever installed on the Premises shall be and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord's prior written consent. Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements before transfer of ownership of such improvements to Landlord upon the expiration or sooner termination of the Term. Alternatively, Landlord may, at its option, require Tenant, upon the expiration or sooner termination of the Term, if any, to remove any and all improvements and structures installed by Tenant from the Premises and repair any damage caused thereby, at Tenant's expense. LEASE AGREEMENT 12 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- 12. EXEMPTION OF LANDLORD FROM LIABILITY: Landlord shall not be liable • for-injury to persons or to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (f) any act or omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees. 13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless Landlord against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Term, or arising from any act or negligence of the Tenant or any of its agents, contractors, patrons, customers, employees, or invitees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the Term in, on or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Landlord by reason of any such claim, except for any such claims caused by the sole negligence of Landlord, its agents, employees, or its authorized representatives. On notice from Landlord, Tenant, at Tenant's expense, shall defend any such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Landlord. 14. ASSIGNMENT: 14.a. Assignment/Subletting: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's consent shall be void and shall constitute a default by Tenant under this Lease. No consent to any assignment, or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment or sub-lease will be approved, the proposed assignee or sub-tenant must comply with provisions of the then current Airport Leasing Policies regarding "Analysis of Lessee's Financial Capacity". In the case of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perform all of Tenant's obligations under this Lease, to the same extent as if it were the original Tenant. If Tenant is a corporation, partnership or limited liability company, the transfer LEASE AGREEMENT 13 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- of a majority of Tenant's stock or ownership interests shall constitute an assignment for purposes • of this Section. 14.b. Permitted Subletting: Notwithstanding the provisions of Section 14.a. above, Tenant may sublet portions of the Premises for the purpose of aircraft hangar storage, without Landlord's prior written consent, on a month-to-month or longer basis (but not longer than the Term, provided that Landlord is informed on at least an annual basis, in writing, of the name of the subtenant(s), the purpose of the sublease, the amount of the rental charged, and the type of aircraft stored (make, model and registration number). Additionally, such information shall be disclosed upon request by Landlord. 14.c. Conditions to Assignment or Sublease. Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld), (iii) acknowledge that the assignee or subtenant will comply with all of the provisions of this Lease, and (iv) acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee or subtenant. If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of rent by the Landlord shall not be a waiver of any of Landlord's remedies against Tenant for violation of provisions of this Lease. If the Premises, or any part thereof, is sublet, Sub-tenant may, upon a default by Tenant under this Lease, cure the default. In either event, Landlord may apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease 14.d. No Release of Tenant's Liability: Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant, nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease, unless Landlord otherwise agrees in writing. 14.e. Documentation. No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees to be and remain jointly and severally liable with Tenant for the payment of Rent pertaining to the sublet space and for the performance of all of the terms and provisions of this Lease. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on or after the date of the assignment. LEASE AGREEMENT 14 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- 14.f. No Merger. Without limiting any of the provisions of this Section, if Tenant has • entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger and shall terminate all or any existing subleases or subtenancies. 15. DEFAULT AND REMEDIES: 15.a. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: 15.a.(1) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of three(3) days after notice of such default has been given by Landlord to Tenant. 15.a.(2) Failure to Comply with Airport Regulations and Minimum Standards. Failure to comply with the Airport Regulations and Minimum Standards, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four(24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply. 15.a.(3) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty(30) days and diligently and in good faith continues to cure the default. 15.a.(4) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty(60) days. 15.a.(5) Assignment or Sublease. The assignment of this Lease or a sublease of any portion of the Premises without prior written consent of the Landlord, where said assignment or sublease is not terminated within thirty (30) days after notice of such default has been given by Landlord to Tenant. 15.b. Additional Security: If Tenant is in default under this Lease, and such default remains uncured for more than ten (10) days Landlord gives Tenant notice of such default, then Landlord, at Landlord's option, may require Tenant to provide adequate assurance of future performance of all of Tenant's obligations under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of credit or other security LEASE AGREEMENT 15 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- acceptable to, and approved by, Landlord. If Tenant fails to provide such adequate assurance • within twenty (20) days of receipt of a request by Landlord for such adequate assurance, such failure shall constitute a material breach and Landlord may, at its option, terminate this Lease. 15.c. Remedies. If Tenant commits a default, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law: 15.c.(1) Maintain Lease in Force. To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2) Terminate Lease. To termipate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all • damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) any and all unpaid Rent rich had been earned at the time of such termination, plus (ii) any and all Rent which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the reletting of the Premises, if any, plus (iii) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repairs or necessary alterations to the Premises for such reletting, (D) leasing commissions incident to reletting to a new tenant, and (E) any other costs necessary or appropriate to relet the Premises; plus (iv) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts referenced in this Section include interest at 12%per annum. 16. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be LEASE AGREEMENT 16 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- binding upon the parties, their successors and assigns, and in the case of a Tenant who is a natural person, his or her personal representative and heirs. 17. RIGHT OF INSPECTION.. Tenant will allow Landlord, or Landlord's Agent, free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises, or any property owned by or under the control of Landlord. 18. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that date. From that day the Tenant or Landlord shall have the right to either cancel this lease and declare the same null and void, or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Landlord, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to Tenant. 19. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in as good a condition as the reasonable use thereof would permit, normal wear • and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Tenant, shall be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this lease without hindrance, molestation, or injury. Tenant may remove from the Premises movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its expense, properly and promptly repair to Landlord's reasonable satisfaction any damage to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office furniture or trade fixtures,which repair shall include the patching and filling of holes and repair of structural damage. 20. INSURANCE: 20.a. Personal Property: Tenant, at its expense, shall maintain in force during the Term a policy of special form - causes of loss or all risk property insurance on all of Tenant's alterations, improvements, trade fixtures, furniture and other personal property in, on or about the Premises, in an amount equal to at least their full replacement cost. The proceeds of any such policy shall be used by Tenant for the restoration of Tenant's alterations, improvements and trade fixtures and the replacement of Tenant's furniture and other personal property. Any portion of such proceeds not used for such restoration shall belong to Tenant. LEASE AGREEMENT 17 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- 20.b(1) If engaged in fueling operations Pollution Liability_insurance shall be • maintained in an amount no less than $5,000,000 each occurrence to include as a covered event the release of hazardous material and the cleanup attendant thereto. The limits of said insurance shall not, however, limit the liability of Tenant hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto, and Landlord and Landlord's Agent_shall be named as an additional insured on Tenant's policy, with that coverage being primary and non-contributory with any other policy(ies) carried by, or available to, Landlord. No such policy shall be cancelable or subject to reduction of coverage or other modification except after forty five (45) days'prior written notice to Landlord. 20.b(2)Tenant shall maintain Auto Liability insurance in an amount no less than$500,000 each occurrence. 20.b(3) Tenant shall maintain Industrial Insurance as required by 51 RCW. 20.c. Insurance Policies: Insurance required hereunder shall be written by a company or companies authorized to do business in the State of Washington, acceptable to, and approved by, Landlord and rated A-VIII or better in the most recent edition of `Best's Insurance Guides". Landlord may from time to time during the Term increase the minimum insurance coverage amounts. Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least forty (45) days prior to the annual renewal date of the Tenant's insurance. Coverages shall be submitted on forms prescribed by Landlord. Prior to possession, the Tenant shall deliver to Landlord copies of policies of such insurance acquired by Tenant, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Landlord. • Landlord shall be named as an additional insured. No such policy shall be cancelable or subject to reduction of coverage or other modification except after forty five (45) days' prior written notice to Landlord. Tenant shall, not less tl4an forty five (45) days prior to the expiration of such policies, furnish Landlord with renewals or "binders" therefor. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. If Tenant shall fail to procure and maintain such insurance, then Landlord may, but shall not be required to, procure and maintain the same, and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred by Landlord to procure and maintain such insurance. 20.d Tenant shall forthwith, upon Landlord's demand, reimburse Landlord for any additional premiums attributable to any ad or omission or operation of Tenant causing any increase in the cost of Landlord's insurance. 20.e. Waiver of Subrogation: Tenant and Landlord each waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Tenant shall, upon obtaining the policies of insurance required LEASE AGREEMENT 18 City of Renton to AcuWings, LLC. • a Washington limited liability corporation LAG 08- hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 21. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this Lease and upon any alterations or improvement made by Tenant to the Premises. 22. HOLDING OVER: If Tenant, with Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable by Landlord by a notice given to Tenant at least thirty (30) days prior to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty (30) days prior to the end of any such monthly period. During such month-to-month tenancy, Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant. All provisions of this Lease, except those pertaining to term, shall apply to the month-to-month tenancy. 23. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the Landlord of rent after any breach by the Tenant of any covenant or condition by Tenant to be performed or observed shall be construed to be payment • for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 24. NOTICES: All notices or requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall be sent to Landlord at Landlord's Address set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant's Address set forth below. Landlord's Address: Airport Manager 616 West Perimeter Road Renton, Washington 98055 Tenant's Address: AcuWings, LLC 760 West Perimeter Road Renton,WA 98057 LEASE AGREEMENT 19 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- Either party may change the address to which notices shall be sent by written notice to the other • party. 25. DISCRIMINATION PROHIBITED: 25.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in the use of any of its facilities provided for the public in the Airport. Tenant further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Tenant may make reasonable and non-discriminatory discounts, rebates; or other similar types of price reductions to volume purchasers. 25.b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex. 25.c. Application to Subtenants: Subject to the provisions of Section 14 of this Lease, Tenant agrees that it will include the above clause in all assignments of this lease or sub-leases, • and cause its assignee(s) and subtenant(s) to similarly include the above clause in further assignments or subleases of this Lease. 26. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, wnr, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not, however, operate to excuse Tenant from the prompt payment of rent, or any other payment requited by the terms of this Lease, to be made by Tenant. 27. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. The Landlord's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the Landlord under this Lease, including any Obligation with respect to the return of any security deposit. LEASE AGREEMENT 20 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- 28. ATTORNEYS FEES AND COSTS; COLLECTION COSTS: If either party brings any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the prevailing party shall be entitled to reasonable attorneys' fees, and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorney's fees for collection of past-due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge, any costs of collection or enforcement, including attorney's fees. 29. EMERGENCY RESPONSE: Tenant must provide reasonable access and response to the Airport Manager in times of emergency or urgency. The Tenant is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 30. DEFINITIONS: As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: "Additional Rent"means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this Lease other than Minimum Monthly Rent. "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. • "Expiration" means the coming to an end of the time specified in the Lease as its duration, including any extension of the Term. "Parties"means Landlord and Tenant. "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, and Additional Rent. 31. GENERAL PROVISIONS: 31.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. LEASE AGREEMENT 21 1111 City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- 31.b. Governing Law: This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. 31.c. Severability: Should any of,the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 31.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. 31.e. Waiver: No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right'arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 311 Captions: Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 31.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee under any permitted assignment. 31.h. Effectiveness: This Lease shall not be binding or effective until properly executed • and delivered by Landlord and Tenant. 31.i. Gender and Number: As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. 31.j. Time of the Essence: Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 31.k. Joint and Several Liability: If Tenant is composed of more than one person or entity, then the obligations of all such persons and entities under this Lease shall be joint and several. 31.1. No Recordation Without Consent of Landlord: Tenant shall not record this Lease or any memorandum of this Lease without Landlord's prior written consent. LEASE AGREEMENT 22 City of Renton to AcuWings, LLC. 410 a Washington limited liability corporation LAG 08- 31.m. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible,be cumulative with all other remedies at law or in equity. 31.n. Corporate Authority: If Tenant is a corporation or limited liability company, each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. 31.o. Therovisions of this Lease shall be to those of anyAddenda attached p subject hereto. Executed and dated the date first written above. TENANT: LANDLORD: ACUWINGS, LLCE CITY OF RENTON a Washington Limited Liability Company a Washington Municipal Corporation • By: By: Its: Mayor Date: Date: ATTEST: City Clerk Date: Approved as to legal form: Lawrence J. Warren, City Attorney LEASE AGREEMENT 23 • City of Renton to AcuWings, LLC. a Washington limited liability corporation LAG 08- • • LEASE AGREEMENT 24 City of Renton to AcuWings, LLC. • a Washington limited liability corporation 1 • FIRST ADDENDUM The corresponding sections or paragraphs of the Building Lease are amended to read as follows: 7.b. Provision of Restroom Facilities: Tenant agrees to maintain toilet facilities for use by its customers. The facilities so provided must be accessible by customers during normal business hours 9.a. Maintenance of Premises: The Premises and all of the improvements or structures thereon shall be used and maintained by Tenant in a neat, orderly, and sanitary manner as provided by this Section. Tenant is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves collected upon the Premises, including that blown against fences bordering the Premises, whether as a result of the operation of Tenant's aircraft tie-down storage activities or having been deposited upon the Premises from other areas. Tenant shall maintain the Premises in good condition and repair, including the interior and exterior walls, floors,roof, and ceilings, the exterior and interior portions of all doors, windows, glass,parking areas, landscaping, fixtures, heating, ventilating and air conditioning, serving the Premises. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section. The Tenant is responsible for maintenance, repair,replacement of plumbing and sewage facilities within the 760 Building. Landlord is Responsible for maintenance, repair, replacement • of plumbing and sewage facilities without the 760 Building to the city of Renton's water and sewer mains. The Tenant is responsible for maintenance, repair, replacement of electrical facilities within the 760 Building up to the breaker box. Landlord is Responsible for maintenance, repair, replacement of electrical facilities from and including the breaker box to the connection with the power supplier. 12. EXEMPTION OF LANDLORD FROM LIABILITY: Landlord shall not be liable for-injury to persons or to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(f) any act or omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees,provided,that the foregoing exemption shall not apply to losses caused by Landlord's gross negligence or willful misconduct. • ADDENDA TO LEASE AGREEMENT LAG 08- City of Renton and AcuWings, LLC 25 • SECOND ADDENDUM Prior to commencement of occupancy of the Premises by Tenant, Landlord will have accomplished the following modifications of the Premises: a. Removal of old carpeting b. Painting interior and exterior c. Reduce size of bathroom to one half its current space d. Remove interior paneling,paint walls beneath e. Move stairs to middle of platform f. Take down railing around platform g. Bring handicap ramp up to code standard h. Check roof for leaks, report to Tenant i. Remove asbestos, if any. THIRD ADDENDUM The following provision is applicable to this Lease. 7.c Tenant also agrees to provide access to the existing Pilot Briefing Room in the 765 building during normal business hours at no cost to the general public engaged in aeronautical activities.. • • ADDENDA TO LEASE AGREEMENT LAG 08- City of Renton and AcuWings, LLC 27 • • • • 010 INDEX• . 05049-402 AIME . Lw 4 MD 814.4,44.41 mars 13 17 doll* I MU E SCALE —��' n,� �_® N00'14'S6"E rss 134,31 18 7 2.,,,, .""�. 100 0 50 100 200 ;�►j�/ 27.16' Sa432'is"w5 nes m� iasa��a fii I 2.00' ( FEET) N° NO2'05'50"E = s 1 2 1 INCH = 100 FT 38.80' int n' 30_'E �_ 500'14'56"W 190.49' (4 f W 513'38 141.53' 163.33' Li a NtT22'31' 119.75 — m I 58.65', zz i of co p Iv o N j • R_-_-713-7.13-1-7_254,5,.66 m N in . �W ° 198.37' p_t'1'S259.92' •• " • W ,rn 5520'20"E rn cj 4i/ SO4'49'43"E i j� _n 18 7 118.34' 4,1 N N PARCEL 820 (0 �h N., o 73,849 sq. U iu� n. z _ PARCEL 770 PARCEL 800 `O 1.695 acres 9 o 2 -� Q ro PARCEL 760 ro r 0I o 0 LU ro u, 86,848 sq.ft. 88,601 sq.ft. ci ,45 -' 54,478 sq.ft. o $ 1.994 acres ro N 2.034 acres w V �- rn a 1.251 acres o w w 11 a m z 4 c ml� o a = 22 Ks t W >C � o U W n V m , 8 195.35' 301.20' 285.25' 203.20' a m OB 604'48'53"E o c. L. 9, n'-- o 0 0 iN04'48'53"W _ _ _ — _ _ _ _ 0 y 2373.63' NOTES LEGAL DESCRIPTION: BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM NAD 83 (1991) NORTH ZONE, 8 ALONG THE CENTERLINE OF THE RENTON AIRPORT RUNWAY, AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON 8 THAT PORTION OF THE N 1/2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 05 EAST, MUNICIPAL AIRPORT. W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: FIELD MEASUREMENTS FOR T7-11S MAP WERE PERFORMED WITH A LEICE 1201 TOTAL STATION INSTRUMENT, AND MEET OR r COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 7, WHICH BEARS EXCEED A LINEAR CLOSURE OF 1:15,000 8 gT z N88'31'14"W, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 7; @I ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO A NATIONAL GEODETIC SURVEY z g THENCE N85'11'07"E, 321.35 FEET TO THE CENTERLINE OF TAXIWAY °A"; THENCE a 6 s,. NO448'53"W, ALONG SAID TAXIWAY"A", 2364.63 FEET; THENCE S85'11'07"W, 89.00 FEET CALIBRATED BASELINE, WITHIN THE LAST YEAR. T m q TO THE POINT OF BEGINNING; �sa1 t I, ..'.c......0 y o `..,....o.`...........o.....,......,........, THENCE 58510'50"W, 271.40 FEET; THENCE NO7'45'31"W, 207.39 FEET; THENCE LEGEND M 6 a ., g N85'44'31"E, 282.06 FEET; THENCE SO4'48'53"E, 204.35 FEET TO THE POINT OF F.Sof e 880 = i a c db BEGINNING. — — BOUNDARY LINE P� ro — CENTER LINE RUNWAY �y'` ��A``,, ,� % 'c, CONTAINING APPROXIMATELY 56,923 SQUARE FEET OR 1.307 ACRES. — SECTION LINE ( 0:, 4 LEASE LINE 1 '"..`' 6 e►Owill FOUND QUARTER SECTION CORNER '";`�3I413 e % b k ��'AL L/S>0 a•3 a I I FOUND SECTION CORNER ESPIES 2. 14-<^s.4-) pp SHEET 1 • AIRCRAFT LAWS AND REGULATIONS Title 47 RCW: Public Highways and Transportation Exhibit B • 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of four dollars shall-be charged for each such registration and each annual renewal thereof. Possession of the appropriate effective federal certificate, permit; rating or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January,and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration-therefore. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration fees shall be credited to the aeronautics account in the general fund. It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper, and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences. The provisions of this section shall not apply to: • (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes: (2) An aircraft registered under the laws of a foreign country; (3) An aircraft which is owned by a nonresident,and registered in.another state: Provided, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section; (4) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign. commerce; (5) An aircraft owned by the commercial manufacturer thereof while being operated fo:test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft; (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW. (7) An,-,aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary. The.secretary shall be notified within one week of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of the aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner. • **HOUSE BILL #403 TRANSFERRED AIRCRAFT REGISTRATION RESPONSIBILITY FROM THE DEPARTMENT OF LICENSING TO THE DEPARTMENT OF TRANSPORTATION, AVIATION . DIVISION. 1994 J 1.1bits Aviation Division Washington State Department of Transportation 8900 East Marginal Way South • Seattle, WA 98108 1-800-552-0666 • • ANNUAL CER'11141CATE OF AIRCRAFT STATUS I, certify that I am the owner of N# (listed below) and it will not be flown/or is exempt from registration during 19 because (Please describe why exemption is requested) • N: Tach Time: Make: Hobbs Time: Model: Serial #: Address where aircraft is located: I understand that if an exemption from aircraft registration is granted, I am still liable for personal property tax on my aircraft. I understand annual completion of this form is required for exemption. I will receive a notice in January of each year. Signature Address • City,State,Zip Date • RAi _ g •.- tA. .-;yi3�`:yv'. F �:..+�?�.'r.+ \ h i ..;'v t3 f •+ 2' y". - ' y+.' ?•.• •• .. • ^ .. anya yr��i„`1xF•,+^.. :• • 2fi •'� .+�y"+��i'S'•�, C' -t7{: .4. 4Q .°5 ,ai< $(0,7 ' "•;t' �i; �r,.o:Y.,'.:, :,'�:58-]$" ?S � `' �. • ?;�', d: d�} c.,. ?J { '2,- �+..+4s,L,). .?. ,yy: ..}:Y{':• �J ?;.+[�r � <. "i�:'+.t+ :C•S( $C X9.�i`o. ±Yrt�^ilv`>:M{]C\ Yi<.0.4D ,,,z 4- •. A copy of this form will be returned for owners records. Washington State Department of Transportation AVIATION DIVISION 8900 East Marginal Way South Seattle, WA 98108 • Phone: (206) 764-4131 Toll Free in Washington 1-800-552-0666 AIRCRAFT REGISTRATION INFORMATION • This form will help you with the aircrafi registration process. It is not required for registration. Date: Name: Address: City: Zip: Phone: N# Make of Aircraft 1. ATTACH COPIES OF THE FOLLOWING: A. Proof of Ownership (Copy of Federal Bill of Sale or Federal Registration) B. Proof Sales Tax is paid (a copy of Declaration of Use Tax). The Declaration of Use Tax form is obtained from the Department of Revenue after the sales/use tax has been satisfied. Please see the list of Revenue offices located on the back of this form to find the one nearest you. We will also accept a bill of sale from a Licensed Washington Aircraft Dealer if it shows s sales tax has been collected and has been signed. 2. and MAIL WITH: A check in the proper amount. New registrations are pro-rated, so please see the fee chart provided or call the Aviation Division at 1-800-552-0666 for the current amount. 3. TO: WSDOT,AVIATION DIVISION - 8900 East Marginal Way South • Seattle, WA 98108 • AC-app Exhibit D UNREGISTERED AIRCRAFT RF,P±OitT AIRPORT INFORMATION • AIRPORT NAME CONTACT NAME PHONE LESSEE INFORMATION (Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL 33'> yt'}">»gi...=6,N'.o�G:.�; e�^D�i3 �»s>��ac QR+'rk :�'xy �4i6,3w�"C:b;"- ':'s:�. .'>'%;r";l�r.>'"'�..-':Yr,.`i3}>;' '�.:» .:s�.;,� :..ii';ti' ::L`':>• arta .s. o.:..l a '`f : .jr"t t `. ` .; : ci e` '`1`:9, 1a r:,.:.:;»:...:,.:... ..$ r�s ...;.��fu�,�k�` i�rgr n.�.u:".:.�'t ..t:....�:�r�:,n.::_. .:.:.:; ::�#�."::�>.M�3'.::..,.:...._...................:....::nn. UNREGISTERED AIRCRAFT REPORT AIRPORT INFORMATION 1 AIRPORT NAME CONTACT NAME PHONE LESSEE INFORMATION (Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL .. .,...� �7,M:::. ..: �r^:th ., :.�.. � �<w��7%F"+:�::"°��rxoFYcrs: n, .t y„�u<eva. a ° rt a ni i l >>.'i _>:t ' S€rEVI x=.t xr�r' P E....aa 1 a: x ;w, erINIFE . : . . '.✓.��:raa: .a.:�N. w: .c�:k��.4w.{:�.aSv'n�.NRr..v'�.kks�'.iu �:a�n'o� 4;;.we::m�� a` a`.�urrta.�F�<aYr mrn:<.. ..waw<xiA.<sa::.:<..'�^n�i:nw.vn<.-:..<.wa. a...e...�......,;..,.:�.:: Attachment C �`SY o Renton Airport U a a Clayton Scott Field 616 W Perimeter Road—Unit A, Renton, WA 98057 �- 1vT0� Phone 425-430-7471/Fax 425-430-7472 AIRPORT LEASE/OPERATING PERMIT APPLICATION FORM Please read the Airport Leasing Policies and the Airport Regulations and Minimum Standards prior to filling in this application. Applicant Name: Zeynep Acuner Contact Person: Zeynep Acuner Phone: 206-229-2626 Email: z.acuner@acuwings.com Mailing Address: 901 Rainier Ave N. B101, Renton, WA 98057 Lease Area Location, if known: 760 West Perimeter Road, Renton, WA 98057 Type of Lease(circle all that apply): Land ✓ Building ✓ Operating Permit(for subleasing) 4I/Operating Permit Application, name of Business from whom Subleasing: Provide a detailed description (Purpose of Use) of the intended commercial aeronautical activities: Aviation training, aviation retail, aircraft management Describe the means and methods to accomplish the intended activities: A fleet of 9 aircraft, an already established retail store, training equipment (computers, software, DVD's, FRACA simulator). A copy of the AcuWings Business Plan is attached to this application. 7(Attach additional sheets as neces ~3 \ t /( b'e Credit Score: /a Applicant Signature (if sublease, signature of lessee) Da:=:, ()L9-'' 1111 Airport Manager Signature Dat -_ ^ y J Jul 24 2008 4: 05PM 206 748 0369 p. 2 07/21/2008 1B;47 4252716622 VIRGIL KNEDLIK CPA PAGE 02 • Virgil E Knedllk CPA, PS is south.Grady Way,#310 Pradli'no t, ,�r.�.};� �; • Renton,WA 98057 • July 20, 2008 Douglas N Owens PS P.O. Box 25416 Seattle, WA 98165-2316 Via Fax 206-748-0369 Re: AcuWings, LLC Dear Douglas: • I have prepared a summary of points per page 30 and 3 I (Attachment B)of the airport lease par your request. Based on the eight areas of Attachment B,AcuWings, LLC's combined score is t B. Item five "Earnings net of Cost of Operations, Taxes, Depreciation/Amortization, other debts/lease obligations"-The score for this iters is 3 based on the projected income should AcuWings, LLC have been located at the airport. if you need any additional information,please give me a call. V truly 10110 nedlik,CPA QuickBoaic Certified Advanced Pro-Advisor QuickBooks Certified Enterprise Pro-Advisor QuicicSooks Certified Point of Sales Pro-Advisor Member-Intuit's Accountant's Speaker Bureau • website vekcp«•eor -phone(025)271-4411 •fax(425)271.6622 a small vek@vekcpa,coan A ' , _, _ . F• - z �4— _ a :::- e Q5,- ' 7-W MV- - 3 -21-'1'--- �,` �. =-- 'Se.. .� ,,,7,7,,,,T.,,,,,,--a,,,,,,,,,...... A ,, "'fix .. 't i :Ibt -tkift: WrA,40.0 a x- '. c• �'-- lam°' `' ..,„.>._� : x -__z-4n 5- :.,..Na ::.�__ - ,;M - -ate AcuWings i s Plan 0 April 23, 2008 Document History Name Description Date Bahadir Acuner Initial Document and template Jan 4,2004 Zeynep Acuner Addition of Brokerage Section Feb 18, 2004 • I Bahadir Acuner Added Air.ort Impact Apr 5, 2004 Bahadir Acuner Final Corrections May 15, 2004 Bahadir Acuner Updated with new location information April 28, 2008 • • 2 Acronyms Acronym Description 1 FAA Federal Aviation Administration. CFS Certificated Flight Instructor TSA Transportation Security Administration DHS Department of Homeland Security CSTS Cirrus Sertificated Training Center CSIP Cirrus Sertificated Instructor Pilot • 3 Table of Contents 1 INTRODUCTION 5 1.1 PURPOSF 5 1.2 SCOPE OF THIS DOCUMENT 5 1.3 KEY ASSUMPTIONS 5 1.4 PLAN OVERVIEW 5 1.5 COMPANY STRUCTURE 6 2 ACUWINGS BUSINESS UNITS 7 2.1 FLIGHT INSTRUCTION 7 2.1.1 Equipment Portfolio 7 2.1.2 Simulator Instruction 7 2.1.3 Ground Instruction , 7 2.1.4 Formal Aviation Education 8 2.1.5 Cirrus Standardized Training Centex 8 2.1.6 Airline Interview Prep 8 2.2 AVIATION STORE 9 2.2.1 Intended audience 9 2.2.2 Scope 9 2.2.3 Volume 9 2.3 E-COMMERCE I0 2.3.1 B2B Sales 10 2.3.2 B2C Sales 10 • 3 IMPACT ON AIRPORT IMAGE 11 3.1 DIRECT EMPLOYMENT , 1 1 3.2 SALES TAX REVENUE , 1 1 3.3 RENTON THE HIGH TECH CITY IMAGE ...., 1 1 3.4 IMPACT ON OTHER LOCAL BUSINESS , 13 3.4.1 Hospitality Business 13 3.4.2 Fuel Sales Business 13 4 CONCLUSION , 13 APPENDIX A FRASCA 141 TECHNICAL SPECS 15 APPENDIX B ACUWINGS E-BAY EXPOSURE 16 APPENDIX C ACUWINGS ONLINE STORE.., 17 • 4 • I introduction 1.1 Purpose The purpose of this document is to provide a high level business plan of AcuWings LLC for the City of Renton and Renton Municipal Airport. 1.2 Scope of this Document This document does not provide detailed financial specification for each business unit of AcuWings. This document instead focuses on describing the business units of AcuWings its structure as a whole, explaining the core functions of each business units. To accomplish this we have used a combination of data diagrams and functional tables where appropriate. 1.3 Key Assumptions • This document assumes that the audience is familiar with basic concepts of aviation training, sales, e-commerce and aircraft dealership. 1.4 Plan Overview The initial focus of the project is to introduce the audience to AcuWings LLC and briefly describe the company activities since its inception. • 5 1.5 Company Structure AcuWings is a Washington State Limited Liability Company established in December 2002 as a home based business in Kent, Washington. The members of the company are also the managers of AcuWings. Mrs. Zeynep Acuner holds 75 % voting interest of the company and she holds the President position. She holds a degree in Economics and has more than 5 years of retail sales experience. She has worked for Transportation Security Administration as Seattle- Tacoma International airport. Mr. Bahadir "Baha" Acuner has a 25% voting share of AcuWings. He holds a degree in Economics and Computer Science. He has about 15 years of Information Technology experience with Fortune 100 companies such as AT&T, Verizon, Fujitsu Consulting and Boeing. He is also a holder of FAA Commercial Pilots license and Certificated Flight Instructor license with instrument, arid multi engine ratings. He currently holds Commercial Pilots license with Instrument, Multi engine, seaplane ratings and CL65 type rating. • • 6 • 2 AcuWings Business Units This section describes the various sections of the AcuWings. This section is also intended to inform the audience about the time frame planned for the implementation of various business sections. 2.1 Flight instruction 2.1.1 Equipment Portfolio AcuWings currently leases all of its aircraft from individuals. Mr. Acuner of AcuWings owns a Piper Tomahawk (PA38-112) as a basic trainer and two Piper PA28-151 Warriors individually and leases them back to the company. Four other Puget Sound bases companies lease five of the other airplanes of the fleet. These airplanes include four Cirrus aircraft and a Piper Seneca ll, a multi engine trainer. Average age of current AcuWings fleet is 17 years younger than their major competitor. The fleet has low noise footprint and lower emission values compared to their • competitors. In addition to these aircrafts plans are under way to bring an additional aircraft into the fleet for the basic training purposes. 2.1.2 Simulator Instruction AcuWings uses an FAA approved Frasca 141 instrument training device to reduce the number of aircraft flights that it will take for a student to learn how to fly or to get an instrument rating. This will not.only make our neighbors happy by reduced number of aircraft flights, but it will also provide savings to AcuWings customers compared to other facilities in the Puget Sound. For details on Frasca Simulators please visit Appendix D. 2.1.3 Ground Instruction AcuWings will use state of the art personal computers, DVD players and training equipment to benefit its students. The personal computers will have full internet access which will enable the students to do accurate and up to date flight planning and weather check. Same computers will be used during ground training for interactive education. AcuWings will conduct at !east one Ground Schools for private pilot license and instrument rating per quarter. Each session will meet for two nights per week after working hours to accommodate working individuals. 7 AcuWings also plans to provide guest speaker get together with local aviation • authorities, FAA personnel and experienced aviators. This plan will be extended to provide carrier guidance to high school and middle school candidates. 2.1 A Formal Aviation Educaon AcuWings plans to provide formal classes through cooperation with Renton Technical College. This plan will be extended to provide carrier guidance to high school seniors and college candidates. 2.1.5 Cirrus Standardized Trainingg Center Cirrus, the number one manufacturer in aircraft sales, has developed training center concept as of 2003. With this designation every Cirrus owner and/or operator will be able to get through a standardized Cirrus initial and transition training through centers instead of going to the factory in Duluth, MN. AcuWings applied for this designation in 2006 but was turned down for not having a location on the field. New location will enable AcuWings to retain the Cirrus Standardized Training Center which was conditionally approved in February 2003. The condition set forth in the • agreement requires a location on the field with an easy airside access. The new location of AcuWings will help the company to retain the designation. �a tea .. Airline interview ew prep AcuWings employs several airline pilots that can prepare candidates for airline pilot interviews. The program is designed to prepare the individuals to for airline training through various airliner system instructions. AcuWings is the onlyplace in Seattle area toprovide a service that includes systems 9Y training with interview preparation. • 8 • 2.2 Aviation Store 2.. .1 intended audience AcuWings provides a larger scope of service in terms of aviation and pilot supplies mainly to Renton Airport tenants and to pilots who are located mainly on the eastern portion of Lake Washington. This will enable them easier access to aviation products without going all the way to Boeing Field. 2.2.2 Scope Currently AcuWings has a retail agreement with major aviation distributors. In addition AcuWings is an authorized Cirrus Merchandise Center, the only one in Pacific Northwest. AcuWings is also an FAA authorized aviation products retailer carrying products like: -Aviation maps. - Instrument En Route and Approach Charts. - Training Books. - Jeppesen line of products. -ASA line of products. • - Various publications. - Training CDs and DVDs. - FAA exam practice books and software. - Flight planning and training software. - Headsets - Headset Accessories. - Canadian Navigation Charts for British Columbia and Alberta The list includes only the initial product line and with the expansion of the business the product line will improve. 2.2.3 Volume The volume of AcuWings products has increased with our online sales, bringing customers from all around North America, Europe , even our troops in Iraq shopped at AcuWings online store. • 9 2.3 E-Commerce • AcuWings has already established itself as a leader in e-commerce among the aviation companies in the Puget Sound Area. For a little less than a year the company was involved in various EBay auctions that produced a limited line of business. Through these auctions AcuWings gained the confidence of its customer base. For the EBay Customer Feedback please see the Appendix E. 2,3,1 B2B Sales One of the advantages of AcuWings' website is the ability to enable other flight schools to provide a link to AcuWings Portal. This is a unique capability developed by Mr. Acuner and AcuWings is the only company that provides this functionality to any aviation enterprise in the world. 2.32 B2C Sales AcuWings is also engaged in direct sales to aviation customers through its webpage. So far we have received positive remarks from our customers regarding the ease of use and great functionality of our web page. Our web address is www.AcuWings.com and we encourage anyone to visit out website to have a better idea of our product line and • customized B28 solutions. For the audience of the document we included a sample page of our website which can be viewed at Appendix F. • 10 3 impact on Airport image This section provides a brief description of each of the outputs defined thus far. The targets include the EDW itself along with ail of the feeder systems. It is anticipated that this list will grow as the warehouse expands over time. To better understand the flow of information, please refer to section 5 for detail on the acquisition programs and process. 3.1 Direct Employment With the approval of operating permit, AcuWings is planning to hire 3 additional employees immediately. Two flight instructors and one office personnel will be hired as the core employees of the company, in addition to the owner/managers. The number of employees will grow as the company grows its internet business to business (B2B) and business to consumer (B2C) activities. The increased volume of calls, the need to support telephone orders from East Coast to West Coast time will require AcuWings to have employees that take orders from time span of Eastern Standard Time to Pacific Standard Time. Therefore, within the first year of approval of operating permit, AcuWings projects to hire three additional employees in addition to the three initial ones. in an economical environment such we are going through today and in a depressed job market AcuWings will provide great employment opportunities to residents of Renton. AcuWings' employment plans are also contributing factors for the Renton City Plan Goals, where recruiting and retaining businesses to ensure a diversified employment base is part of the promotion of citywide economic development. 3.2 Sales Tax Revenue 13 Renton the High Tech City Image As AcuWings is the only aviation company that has the "Link-it and Profit" portal application for B2B solutions, this will attract a lot of media attention from both aviation publications and Internet business magazines; this will contribute to the High Tech image of Renton both regionally and on the nationwide. AcuWings plans to advertise this unique feature in popular magazines such as Trade-a- Plane, Flying, and AOPA Flight Training Magazine. We will also use some online publications such as AvWeb.com and Landings.com to acquire more customers. The fact that City of Renton will be mentioned in both national and local media thanks to this innovative approach of AcuWings, will pave the way for other high tech companies to invest in Renton which provides the same level of commitment to similar companies at a reduced cost of Redmond, Bellevue or City of Seattle. 11 3.4 Impact on Other Local Business • 3.4:1 Hospitality Business AcuWings intends to advertise its services to non local clientele as well. This will have some of our customers to come and use our services. During this time our clients will rent cars from local rental companies, will stay in local hotels, and will dine in local restaurants. 3A2 Fuel Sales Bi sfness As AcuWings doesn't have the capability to fuel its own fleet, it will have to purchase its fuel from local sources. In the past we have used Air 0 as our supplier of fuel and for about a year we have been using Pro Flight Aviation for our fuel needs. Our 10 airplane strong fleet and with potential of more airplanes we will contribute to the bottom line of a fuel supplier. 4 Conclusion 13 • Appendix A Frasca 141 Technical Specs .Entry vel Single Engine _ j :3 , Flight Training Device 11.1 e The Frasca Mod& 131 1 The model 131 combines affordability with the i technology, quality and reliability for which franca is = '' 3 known throughout the world. The result is state of d t the-art simulation that provides training from pre-solo "' through advanced instrument work in a complex ; y - aircraft. . Designed for efficient ' � instruction,the Model 131 ` may be used for Private ':: , Pilot training including VER ..a.a— "w4.a maneuveringif the op- The ^p The Model 131 is a flight training device tional visual system is - ----- 1,--� . (FTD)as opposed to a PCATD.It is ap- includetl. . w-- i proved by the FAA to log up to 20 hours of O's 1 aircraft time toward an instrument rating ,. '._1 It can operate as a fixed - and 5 hours toward the Private Pilot li- gear/fixed pitch or complex OMNI . 'r, `'' '-~=` single engine aircraft,This cense. .. ,:,. l allows efficient,thorough • — •- . - i� .. I transition training without "° }. spending valuable time ir. ''''-':"!'';''.-' ''''''—'---:.<-'--,:—., " "" 'w'1 CiSt" r(r•,Phical y - n ? Insnur tur'-tati:,�-x isa €�. - the aFrt:r'a�t. 3 t. i ,.... ,. . .: . ,I popular c.hor :,rrrrng ;m wz ! ,� i ,.�,. Features&Options: __i a :fit F9`€,i a The model 131 is equipped with numerous features designed to • ; $4 y:ry: ' further enhance the training value of the:light training device. 'ik'''',,..r,ifr6i,rii,4 :.--;: These include: ;. ., + FAA approved under 14 FAR parts 61 and - " „::,';',..---(6*, , 0:,,,,,,,,-,;. Me 141 , • + GISt(Graphical Instructor Station): J w,";^f__ Optional.This easy to use state-or-the-art .;,-,;-,.---.- Mf instructor station is extremely popular with 4; Flight insirt:ctcrs �''L§ .' ,�., ,, For more information on the -i` Dual Performance: Fix-'.I grin.tixe-I pitch Model 131 or Frasca's cam- prop or complex retractible gear. constant ,- plete product line,contact: speed prop. _ + FVS-200TX Visual Systems - DNRMI, HSI ,itrERNATx3NAL,11NC. ± Jeppesen Nav Data for the entire continental U.S.This large navigational database helps tire operator when it Conies to f-r rJ'ri- 906 East Airport Road log real world training scenarios available only ^;iIh GISt). Urbana,it.61802-7407 • And many more! Phone:(217)344-9200 FAX:(217)344-9207 •www,trasca.com email:simulators@frasca.com II III 15 Appendix B Acu Ings E-bay Exposure • My Feedback ( 6 items) !tern: User: gmothershed ( 104 ) Date: Jan-06-04 17:54:50 PST 2447284777 Praise: Thanks items: User: w.ferguson ( 54 ' ) Date: Dec-23-03 08:39:12 PST 2447714200 Praise: prompt shipment and good communication. A++ item: User: aviatndude ( 384 ) Date: Dec-16-03 17:29:38 PST 2447187834 Praise: Smooth transaction! Prompt, courteous service!! Highly recommended!!!A+++++++++ item: User: spr35 ( 38 " ) Date: Dec-16-03 17:05:23 PST 2446285556 Praise: As advertised and fast shipping, THANKS!!!! Item: User: milcampus (42 ) Date: Dec-16-03 14:10:08 PST 2447714069 Praise: Super-Fast shipment. Good comm,A+++ Seiler. Highly recommended. Thank you!! Item: User: sivartu ( 75 ) Date: Dec-16-03 00:21:21 PST 2445180041 Praise: Great seller, easy, no hassle, items arrive quickly • • - - — 16 _ , 1 • Appendix C AcuWings Online Store G - - n u , IN _ ,,,,..,,,,,TE,,,4 ,:.„:..:,.„.„.,,, ,,„,„, ,,., Welcome to AcuWings Shopping. Here are our monthly specials. -; instrument Rating Jepp VFR AvComm 900 RNR ASA ILO 20' Kneeboard . ra17 Regular price: � tWi Regular rice: Regular rice: $219.95 a 1 $19.95 $3, 95 Sale price: e: $199.99 tsHopP1 z 1 Sale price: $17.99 Sale price: $36.99 Pte_ FARJA1M - Cleim Seattle VFR Private Pilot- Publications Sectional ft Ultimate Package N III Regular price: Regular price: Regular price: $15.95 $8.00 $449.95 Sale price: $13.99 Sale price: $6.99 Sale price: $419.99 1 • 17 GVA Kidder Mathews Worldwide Real Estate Solutions • 601 Union Street,Suite 4720 Seattle,Washington 98101 March 17,2008 Tel: 206.296.9600 Fax: 206.296.9629 www.gvakm.com Mr. Ryan Zulauf Airport Manager Renton Municipal Airport 616 West Perimeter Road,Unit A Renton,WA 98055 Re:AcuWings Investment Analysis Dear Ryan: This letter is in response to your request to evaluate the financial viability of the AcuWings leasing proposal. Assumptions The following assumptions have been provided by the City. If the terms of the lease that is executed with AcuWings change,the outcome of the analysis and recommendations will need modifications. Ground Lease Premises: 39,962 sq ft of land • Initial lease rate: $0.57/sq ft/yr,net of all expenses,based on a recent appraisal Initial rent: $22,778.34/yr Project Improvements The project involves moving existing structures from another location at the airport to the premises. The general nature of improvements and budget are as follows: Estimated Capital Expenditures 1. Site plan/permits $2,000 2. Move building/modify stairs $12,000 3. Paint interior/exterior/carpet(Airport Maint. installs) $4,000 4. 1"water line,private sewage pump,electrical connection/new panel $14,000 5. Strip parking lot/re-grade(Airport Maint. installs) $1,500 6. 2 catch basins and 300'of piping(Airport Maint. installs) $3,000 7. Driveway curb cut $3,000 8. Asphalt parking lot $25,000 9. Perimeter Fence(Airport Maint. installs) $4,500 10. Stairs/deck on Pilot Briefing Building $8,000 Subtotal $77,000 11. Overhead&contingency @ 21.1% $16,259 Total $93,259 • • Building Lease Annual Monthly Annual Sq ft Rent/month. Net Rent Rent/Sq ft Rent/Sq ft 760 Building 1,300 $850.00 $10,200.00 $.65385 $7.846 Pilot Briefing Building 360 $235.37 $2,826.44 $.65381 $7.845 Total/Average 1,660 $1,085.37 $13,026.44 $.65384 $7.846 Return on Investment The demand for land at the airport is strong enough to assume any available space can easily be leased at the market rate,estimated in the recent appraisal. Accordingly,the rate of return to the land is given and is a separate consideration from the return associated with creating and leasing the proposed improvements. Investors and users make real estate decisions based on a broad range of analytical techniques. Some investors do little financial analysis and make their decisions based on non-financial considerations and others use sophisticated techniques. Commonly used measurements include return on costs,over all rate of return or capitalization rate,and internal rate of return. Return on Costs-The cost of the improvements equal to$93,259 divided by the initial annual net income of$13,026.44 represents a return on costs equal to 13.968%. If the lease were to include rent escalations, for example 3%per year,by the third year the income from the buildings would increase to$13,819.75 and an associated return of 14.818%per year. In the current market,developers expect a return on costs of between 9%and 11%from industrial development projects. Direct Capitalization—Is a method used to convert and estimate a single year's income expectancy into an indication of value in one direct step,either by dividing the income estimate by an appropriate rate or • by multiplying the income estimate by an appropriate factor. If the initial years income,$13,026.44,is capitalized at a market capitalization rate of 7%(national average for all warehouse types is 6.78%- ranging form 5%to 8.5%),the resulting value of the completed project(building only)is $186,092. If the building were sold upon completion,the profit would be approximately 100%or a doubling of the initial investment,assuming an all cash investment. Internal Rate of Return—Is a measure of the performance of the investment from acquisition,through a holding period, and including the disposition. The attached income statement shows the performance of the AcuWings buildings over a ten-year holding period. The analysis assumes the project is 100% financed and that AcuWings lease increases at an inflation rate of 3%per year. The internal rate of return is just over 20%,considered by most developers as adequate support to justify taking on a development project. In fact,given the low risk profile of this development,the return is substantial. Providing the project is delivered on budget,the returns suggested by the measures used indicate the project is a profitable endeavor. The analysis does not contrast the performance of this development to other developments that might occur on the land. Please contact us with questions or comments. Sincerely, GVA Kidder Mathews BlairHowe Consultant • Cc: Jim Lovsted,V.P.Property Service Page 2 of 2 .Analis Assumptions Re ort AcuWings" Investment Assumptions Price of Property $93,259.00 Closing Costs Expensed 100% Date of Acquisition 1 January 2009 Holding Period 10 Years Inflation Rate 3%per Year Sale Price Method 7.5%Capitalization of NOI on Sale Date Selling Costs 4% Investor's Assumptions General Vacancy&Credit Loss Zero Tax Rate-First Year 39.6% Tax Rate-Following Years 39.6% Capital Gain Rate 20% Cost Recovery Recapture Rate 25%-Losses Carried Forward Present Value Discount Rate Before Debt 8.5%per Year Present Value Discount Rate Before Tax 8.5%per Year Present Value Discount Rate After Tax 11%per Year Loan Assumptions • Loan Amount $93,259.00 Loan Interest Rate 7%Annually Original Loan Period 20 Years Loan Origination Date at Acquisition Loan Type Monthly Payments,Amortizing Whrs Space Revenue Assumptions Annual Revenue $13,026.44 Revenue Start Date 1 June 2009 Revenue Period Until Projected Sale Revenue Growth Method Annual at 3%Annually • • • • Proforma Income Statement ' AcuWings 2009 . 2010 '. 2011 ' 2012 .- 2013. ::.,2014,. ;• '20.15:, '2016. , 2017 : . 2018 Total Gross Income $7,599 $13,254 $13,652 $14,062 $14,483 $14,918 $15,365 $15,826 $16,301 $16,790 Less: Operating Expenses Net Operating Income $7,599 $13,254 $13,652 $14,062 $14,483 $14,918 $15,365 $15,826 $16,301 $16,790 Less: Debt Service 8,676 8,676 8,676 8,676 8,676 8,676 8,676 8,676 8,676 8,676 Net Operating Cash Flow ($1,078) $4,578 $4,976 $5,385 $5,807 $6,241 $6,689 $7,150 $7,625 $8,114 Sale Proceeds: Sale Value $173,686 $178,896 $184,263 $189,791 $195,485 $201,350 $207,390 $213,612 $220,020 $226,621 Less: Sale Costs(4%) 6,947 7,156 7,371 7,592 7,819 8,054 8,296 8,544 8,801 9,065 Less: Loan Repayment 91,040 88,661 86,110 83,375 80,442 77,297 73,924 70,308 66,430 62,272 Sale Proceeds Before Tax 75,698 83,079 90,782 98,824 107,224 115,999 125,170 134,760 144,789 155,284 Ratio Analysis: Profitability Ratios Capitalization Rate 8.15% 14.21% 14.64% 15.08% 15.53% 16.00% 16.48% 16.97% 17.48% 18.00% Cash on Cash Before Tax Accounting RoR Before Tax Current RoR Before Tax 15.80% 15.26% 14.79% 14.38% 14.01% 13.67% 13.37% 13.10% 12.85% Risk Ratios Debt Coverage Ratio 0.876 1.528 1.573 1.621 1.669 1.719 1.771 1.824 1.879 1.935 Breakeven Occupancy 114.2% 65.5% 63.6% 61.7% 59.9% 58.2% 56.5% 54.8% 53.2% 51.7% Loan Balance/Property Value 52.4% 49.6% 46.7% 43.9% 41.1% 38.4% 35.6% 32.9% 30.2% 27.5% Assumption Ratios NOl/Property Value 4.37% 7.41% 7.41% 7.41% 7.41% 7.41% 7.41% 7.41% 7.41% 7.41% Gross Income Multiple 22.86 13.50 13.50 13.50 13.50 13.50 13.50 13.50 13.50 13.50 Operating Expense Ratio 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Analysis Measures: IRR Before Debt 90.0% 47.0% 35.1% 29.5% 26.4% 24.3% 22.9% 21.8% 21.0% 20.4% IRR Before Tax 999.9% 999.9% 731.6% 512.3% 452.9% 437.7% 434.2% 433.5% 433.4% 433.4% NPV Before Debt @8.50% $67,712 $71,649 $75,388 $78,936 $82,305 $85,504 $88,539 $91,421 $94,157 $96,754 NPV Before Tax @8.50% $68,733 $73,588 $78,148 $82,430 $86,453 $90,230 $93,777 $97,108 $100,235 $103,172 Summary Appraisal Report of Renton Municipal Airport Properties Location Renton Municipal Airport Renton, Washington 110 Date of Report September 5, 2007 Date of'Valuation May 15. 2007 Appraised by Murray Brackett, MAI Heber Kennedy III. Associate 410 Allen Brackett Shedd 2703 IRE VM.11 DUG CoArright 2007 • . ' - AlleteSt.aeketi.---Shedd- Re41 hit4 Brace C Allen,MAI, CRE.President Denise M.Lane, MAI Vice President Murray Bracketa„ffAl,Vice President Darin A.Shedd,MA!, Vice President September 5, 2007 Mr. Ryan Zulauf, Airport Manager Renton Municipal Airport (316 West Perimeter Road Renton, Washington 98055 RE: LAND RENTAL RATE ANALYSTS FOR SELECTED AIRPORT PROPERTIES LOCATED AT THE RENTON MUNICIPAL AIRPORT IN KING COUNTY, WASHINGTON ((hur File#27034) Dear Mr. Zulauf: At your request we have completed an Summary Appraisal Assignment in order to provide an opinion of the market rental rates for land and selected individual buildings on the Renton Municipal Airport. This report is intended to review the airport properties in light of current market activity. It is, therefore, prepared in a Summary Report format. The determination of land rental rates, our first approach involves the analysis and study of surrounding airports. Their land classifications, methods of valuation, trends, and actual rental rates are discussed in detail. Over the past ten years, many airports have implemented more consistent leasing policies, although differences in the types of users at each airport, coupled with demand issues, have led to minor variations unique to each facility. Our conclusion considers the actual usage of the airport and the various market forces present in airport properties. The second approach is an analysis of land sales in the vicinity of the Renton Municipal Airport, concentrating on sites with similar allowed uses. These sales are directly compared to the subject, with adjustments for specific factors leading to a conclusion of value and ultimately, a periodic rental rate. Our improved property rate analysis includes the study of building rental rates at competing airports. A supplementary second approach analyzes an appropriate rate of return based on cost of the structure. This report has been prepared in conformance with the standards and ethics of the Appraisal Institute. It is intended to assist in the application of new and renewed rental rates on the airport. 110 - 12320 NE 8th Street Suite 200 Bellevue,Washington 98005 Phone(425)450-4040 Fax(425)688-18 19 4I NiAlgOlgY2oVifienue, Suite A Firerest,WaShington 98466 Phone(253)274-0099 Fax(253)564-9442 This appraisal assignment was prepared. in conformance with the Uniform 1111 Standards of Professional Appraisal Practice (USPAP) and is intended to conform to the appraisal standards of the entity requesting this appraisal. Descriptions of properties used for comparison are included in this report, as well as our analyses and conclusions. The conclusions herein are given subject to the specific assumptions and limiting conditions stated immediately following this transmittal letter. • Although the primary function of this assignment is to convey opinions of Market Rent, this is classified as a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents only summary discussions of the data, reasoning. and analyses that were used in the appraisal process to develop the appraiser's opinion. of value. Supporting documentation concerning the data, I"easonin , and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. Based on the information contained in the following report, our opinion of rental rates for the various land categories is summarized as follows. Concluded Rental Rates Concluded Category Rental Rate Land Aviation Land SO 57 sI-year Executive Hangar Area 80.65.1tear Buildings 608 Hangar Building& Land $26,771 -S29.357 annually(not incl. LHT) • 622 Hangar Building& Land $29,719-$32.579 annually(not Inc. l..Er t f '•300•'Office Building Only $708 -S$50 'month Hand rent not incl.) T-Hangar. S3-k0%month{inch L.t(T} If you have further questions not answered in the accompanying report, please do not hesitate to call. Sincerely. ALLEN SRACKETT SHEDD Murray Brae ett, MAI Heber lennedv I , Associate kr Enclosures • • Allen,Brackett Shedd Page 2 2700IREV:VR.!iOC.Copyright+0 2xt0; ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report was made after personal inspection of the property identified in this report. The conclusions in the report have been arrived at and are predicated upon the following conditions: • (a) No responsibility is assumed for matters, which are legal in nature, nor is any opinion rendered on title of land appraised. Title to the property is assumed to be good and marketable unless otherwise stated in this report. (b) Unless otherwise noted, the property has been appraised as though free and clear of all liens, encumbrances, encroachments, and trespasses. (c) All maps, areas: and other data furnished your appraiser have been assumed to be correct: however, no warranty is given for its accuracy. If any error or omissions are found to exist, the appraiser reserves the right to modify the conclusions. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. (d) It is assumed there is full compliance with all applicable federal, state. and local environmental regulations and laws unless otherwise stated in this report. (e) It is assumed all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated. defined, and considered in this appraisal report. (f) The appraiser has no interest, present or contemplated, in the subject properties or parties involved. 114 (g) Neither the employment to make the appraisal nor the compensation is contingent upon the amount of the valuation report. (h.) To the best of the appraiser's knowledge and belief, all statements and information in this report are true and correct, and no important facts have been withheld or overlooked. (i) Possession of this report, a copy. or any part thereof, does not carry with it the right of publication, nor shall the report or any part thereof be conveyed to the public through advertising, public relations, news, sales, or other media valuation conclusions, identity of the appraiser, or firm, and any reference made to the Appraisal Institute or any professional designation. There shall he no obligation required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless satisfactory arrangements arc made in advance. (k) This appraisal has been made in accordance with rules of professional ethics of the Appraisal Institute. d) No one other than the appraiser prepared the analysis, conclusions, and opinions concerning real estate that are set forth in the appraisal report. (m) Statements or conclusions offered by the appraiser are based solely upon visual examination of exposed areas of the property. Areas of the structure and/or property, which are not exposed to th naked eye, cannot be inspected; and no conclusions, representations, or statements offered by the appraiser are intended to relate to areas not exposed to view. No obligation is assumed to discover hidden defects. Allen Brackett Shedd 27034REBIRDOC C'wyright C2007 (n) Unless otherwise stated in this report, the existence of pollution and/or hazardous waste material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials or pollution may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or erigineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. (o) Statements, representations, or conclusions offered by the appraiser do not constitute an express or implied warranty of any Idnd. (p) Neither appraiser nor Allen Brackett Shedd shall be liable for any direct, special, incidental, or consequential damages whatever, whether arising in tort, negligence, or contract, nor for any loss, claim, expense, or damage caused by or arising out of its inspection of a property and/or structure. (q) The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the • requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. (r) With regard to prospective value opinions, future changes in market conditions necessitate ID an assumption that the appraiser cannot be held responsible for unforeseeable events that alter market conditions prior to the effective date of the appraisal or date of value. Allen Brackett Shedd 2703-1RE17111B,DOC-Copyright 2007 • - Facilities Comparison 23 — Operations Comparison 23 — Landing and Fuel Flowage Fees 24 — Methodology Used 25 — Basis of Value and Application of Rates 25 — Differentiation of Use 95 — Rate Conclusions - Direct Airport Comparison Approach 26 ---- Off-Airport Land Analysis 28 — Discussion of Land Sales - Conclusion of Base Land Value 29 — Aviation Land Lease Adjustment S0 — Definition of Terms 30 — Contributing Factors 31 — Lease Conditions 31 — Aviation Use Restriction 32 — Nature of Use 32 — Density 33 — Access to Aviation Facilities 34 — Demand 34 — Corporate/Executive Use Area Analysis 36 -- Rental.Rate Analysis 87 — Fair Rental - Land 37 Part IV- Conclusions to Value — Correlation and Conclusion of Rental Rates 39 Part V-Improved Rental Analysis' • -- Improved Property Rental 40 — Fair Rental Evaluation ,-l(} ---- 608 and 622 Hangar Buildings 41 — Return on Cost Approach 42 — Cedar River and City T-Hangers 44 — 300 West Perimeter Road Building 46 — Certification of Valu 48 Addenda Comparable Sales Analysis Sheets Zoning Standards Forms 5010-1. Sample Lease Qualifications of Appraisers 1110 Allen Brackett Shedd 27034RL•V:1lB.DOC-Copyright ._'00: EXECUTIVE SUMMARY 11, Project: Selected Renton Municipal Airport Properties Location: Near downtown Renton, in King County, Washington. Airport manager office is at 616 West Perimeter Road, Renton, Washington 98055 Airport Description: Renton Municipal Airport includes a total of approximately 170 acres in the south Seattle area, at the southern end of Lake Washington. It is a general aviation facility, capable of handling a variety of aircraft, ranging from recreational aircraft to helicopters, seaplanes, and corporate jets. Lease Information: Airport property is leased for long terms, typically 30 years or more. Adjustments to the lease rates are made every five years. Leasehold excise taxes are also payable by the tenants at 12.84% of the lease amount. This is consistent with other airports. Summary of Conclusions: Concluded Rental Rates • Concluded Category Rental Rate Land Aviation Land $0.57 sflyear Executive Hangar Area $0.65 sUyear Buildings 608 Hangar Building& Land $26,771 -$29,357 annually(not incl. LHT) 622 Hangar Building& Land $29,719-$32,579 annually(not incl. LHT) "300"Office Building Only $708 -$850/month(land rent not incl.) T-Hangars $340/month(incl.LHT) Date of Valuation: September 5, 2007 Appraisers: Murray Brackett, MAI Heber Kennedy III, Associate File: 27034 Allen Brackett Shedd 27034R ETMIKDOC-Colo right 5IMO? A • ti`s �� Human Resources & Risk Management MEMORANDUM DATE: July 24, 2008 TO: Carolyn Currie, Secretary II, PBPW/Airport Susan Campbell-Hehr, Secretary II, PBPW/Airport FROM: P.J. Sulky, Risk Analys foto SUBJECT: Insurance Review/AcuWings Agreement Construction of Building I have reviewed the documentation providing proof of insurance for the above-mentioned agreement. The insurance coverage,provided for this agreement,meets the City's risk management requirements. **Please remember to forward all originals to the City Clerk's office,if on file there** • • i:\risk documents\certificates of insurance\specific memo's\airport memo.doc TABLE OF CONTENTS • Page Letter of Transmittal Assumptions and Limiting Conditions Executive Summary Subject Property Photographs Part I -Introduction — Identification of the Subject Property — Legal Description 1 — History and Ownership — Date of Inspection/Valuation — Intended Use/User of Report 2 -- Property Rights Appraised 2 — Scope of the Appraisal 3 — Extraordinary Asti umptirns/Hypothetical Conditions 3 — Hazardous Waste 4 — Corporate/Executive Land Use Overlay 4 — Personal Property 4 • -- Marketing/Exposure Periods 4 • — Regional Description 4 City of Renton 4 — Market Factors 6 — Regional Airports 8 — 11Corporate Jet/Hangar Market, 11. 11 - Background 11 — Typical Hangar and Airport Requirements 11 — Renton and Surrounding Airports 12 Part II -Factual Data ---- Description of Subject Property 14 — Airport Description 1 — Utilities 14 — Zoning 14 — Assessed Value and Real Estqte Taxes 15 — Property Utility • 15 Part HI -Highest and Best Use — As If Vacant. 16 — Conclusion of Highest and Best Use - As If Vacant 18 — As Improved 19 Part IV -Analyses and Conclusions to Value–Land — Valuation Methodology for Land Rent 20 — Method 1 - Direct Comparison - Regional Airports 20 — Method 2 - Sales Comparison Approach - Surrounding Off-Airport Land20 — Correlation and Application of Rental Rates 21 — Direct Airport Comparison 21 — Comparable Airport Discussion 22 — Physical Comparison 22 • Allen.Brackett Shedd 27034REVIlaft0C-Copyright C 2007 CITY OF RENTON COUNCIL AGENDA BILL • AI #: 1e P � • Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Utility Systems August 4, 2008 Staff Contact Abdoul Gafour, x7210 Agenda Status J.D. Wilson, x7295 Consent X Subject: Public Hearing.. Engineering Consultant Agreement with HDR Correspondence.. Engineering, Inc. for the Water Distribution System Ordinance Storage Study Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Engineering Consultant Agreement Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Fiscal Impact: Expenditure Required... $128,162.00 Transfer $40,000.00 From Acct.# 425.018.5950.0034.63.u55170 To Acct.# 425.018.5950.0034.63.u55570 Amount Budgeted $100,000.00 (2008 Budget) Revenue Generated N/A Total Project Budget $100,000.00 (2008 budget) City Share of Project 100% •SUMMARY OF ACTION: The Water Utility requests approval of the Engineering Consultant Agreement with HDR, Engineering, Inc., in the amount of$128,162.00, for the Water Distribution System Storage Study to conduct a feasibility study to increase the City's water storage capacity. The Water Utility selected HDR Engineering, Inc., from the approved 2008 Utility Systems Annual Consultant Roster, to conduct this study based on their knowledge of the City's water system. The Water Utility has budgeted $100,000.00 for this consultant contract in its 2008 Capital Improvement Program budget for reservoirs and pump stations. To cover the remaining contract amount of$28,162.00 and City's staff cost estimated at $11,838.00, the Water Utility requests Council's approval to transfer$40,000.00 from the water main replacement budget (#425.018.5950.0034.63.U55170) to the reservoirs and pump stations project budget (#425.018.5950.0034.63.U55570). The transfer will not increase the total appropriation of the Water Utility 2008 Capital Improvement Program budget. STAFF RECOMMENDATION: Approve the transfer, in the amount of$40,000.00, from the water main replacement budget (#425.018.5950.0034.63.U55170)to the reservoirs and pump stations project budget (#425.018.5950.0034.63.U55570). Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement, in the amount of$128,162.00, with HDR Engineering, Inc., for the Water Distribution Systems Storage Study. • H:\File Sys\WTR- Drinking Water Utility\WTR-13 -Studies&Project Development\WTR-13-0104 -2008 Distribution Storage Study\Contract\revised-Agnbill-2008StorageStudy.doc\AGtp • �Y PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: July 14, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg ZimmermaQministrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor(ext. 7210) J.D. Wilson, Water Utility Engineer(ext. 7295) SUBJECT: Engineering Consultant Agreement with HDR Engineering, Inc. for the Water Distribution System Storage Study ISSUE: Should City Council approve an engineering consultant agreement with HDR Engineering, Inc., in the amount of$128,162.00, for engineering services for the Water Distribution . Systems Storage Study to develop a feasibility study to increase the City's water storage capacity by replacing the existing Mt. Olivet and Highlands reservoirs and pump stations? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with HDR Engineering, Inc., in the amount of$128,162.00, for the Water Distribution System Storage Study to conduct the feasibility study to increase the City's water storage capacity. Also, approve the transfer, in the amount of$40,000.00, from the water main replacement budget (#425.018.5950.0034.63.U55170)to the reservoirs and pump stations project budget(#425.018.5950.0034.63.U55570). BACKGROUND SUMMARY: The Water Utility needs to conduct a water storage feasibility study to expand the City's water storage capacity and to replace the aging Mt. Olivet and Highlands reservoirs. The City depends on reservoir storage to provide reliable and sufficient water capacity for fire protection and to meet water demand from population growth and from development within the City's water service area. The purpose of the study is to develop a conceptual plan for the construction of new and larger reservoirs to increase water storage and the replacement of the old pump stations at the Mt Olivet and Highlands sites. The study will include the development of planning level cost estimates for design and construction, construction schedule and phasing, and • operation and maintenance costs. Council/Water Storage Study July 14,2008 Page 2 of 2 The Mt. Olivet reservoir, which is located near North 3rd Street and Bronson Way NE,was • constructed in 1954. The 3 million gallon above ground steel reservoir is nearing its expected useful life, estimated at 60 years for welded steel reservoirs. Typically, welded steel reservoirs are replaced on a 50 to 60-year cycle, with scheduled maintenance such as exterior painting every 8 years and interior painting every 15 years. The study will include the development of conceptual options for a larger reservoir with maximum practicable storage capacity within the existing City-owned property, and the replacement of the existing pump station, which was built in 1967. The two Highlands 435-zone underground reservoirs and the pump station are located at NE 12th Street and Monroe Avenue NE. The first 1.5 million gallon reservoir was constructed in 1942, and the second 2.0 million gallon reservoir was built in 1960. Both reservoirs have developed several leaks, Which were last repaired in 1993. Cracks in the roof support columns and beams were foland and repaired in 1992. Both reservoirs may suffer major structural damage during a large earthquake and need to be replaced with reservoirs designed and built to current seismic codes. The study will evaluate the replacement of both reservoirs with additional storage capacity, the replacement of the pump station and chlorination system, and the installation of a new emergency power generator. Due to the scarcity of vacant land within the City,the study will consider maximizing the use of the current City-owned properties at both the Mt. Olivet and Highlands reservoir sites. The Water Utility selected HDR Engineering, Inc., from the approved 2008 Utility • Systems Annual Consultant Roster to conduct this study based on its knowledge of the City's water system. The Water Utility has budgeted $100,000.00 for this consultant contract in the 2008 Capital Improvement Program budget for reservoirs and pump stations. To cover the remaining contract amount of$28,162.00 and City's staff cost estimated at $11,838.00, the Water Utility requests Council's approval to transfer$40,000.00 from the water main replacement budget(#425.018.5950.0034.63.U55170)to the reservoirs and pump stations project budget (#425.018.5950.0034.63.055570). The transfer will not increase the total appropriation of the Water Utility 2008 Capital Improvement Program budget. CONCLUSION: The Water Utility needs to plan for the design and construction of new reservoirs and pump station in order to provide sufficient and reliable water storage capacity to meet water demand by population growth and development within the City. The study will allow the Water Utility to budget for the needed improvements in the development of the long-term Capital Improvement Program. Attachment cc: Lys Hornsby,Utility Systems Director File • H:\File Sys\WTR-Drinking Water Utility\WTR-13-Studies&Project Development\WTR-13-0104-2008 Distribution Storage Study\Contract\revised-Issue-Paper-contract-2008StorageStudy.doc\AGtp ENGINEERING ANNUAL CONSULTANT AGREEMENT IIITHIS AGREEMENT, made and entered into on this , day of , 2008, by and between the CITY OF RENTON, WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and HDR Engineering,Inc.. whose address is 500— 108`x'Avenue NE, Suite 1200, Bellevue, WA 98004-5549, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Water Distribution System Storage Study WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: III I • SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. I The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: • Consultant Contract: Water Distribution Storage Study 1 I. Washington State Department of Transportation/American Public Works Association(WSDOT/APWA), • "Standard Specifications for Road,Bridge, and Municipal Construction,"as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road,Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics,"except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S.Department of Transportation,Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City altd furnished to the Consultant shall be used as a guide in all • cases where they fit design conditions. Renton Design Standards,and Renton Specifications shall be used as they pertain. 13. Metro Transit,design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1,and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans,studies, specifications,and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy,timeliness,and completeness of the information provided by the City. Should field studies be needed,the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. 4111 Consultant Contract: Water Distribution Storage Study 2 • IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material,including working documents,notes,maps, drawings,photo,photographic negatives, etc.used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If,after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise . herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. • Consultant Contract: Water Distribution Storage Study 3 VI •PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C,Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies,equipment,and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$128,162.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis:of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead,and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 175 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including,but not limited to travel,reproduction,telephone,supplies,and fees of outside consultants. • The direct non-salary costs are specified in Exhibit C,Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee,which represents the Consultants profit shall be 12 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments:shall be included in the final payment,subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance,by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. • Consultant Contract: Water Distribution Storage Study 4 To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee • interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature,related to this Agreement,which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection,by the City,for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to,or bearing upon, these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions,if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII . EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Consultant,any fee,commission, percentage,brokerage fee,gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee,commission,percentage,brokerage fee, gift or contingent fee. Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein,shall • be the sole obligation and responsibility of the Consultant. Consultant Contract: Water Distribution Storage Study 5 The Consultant shall not engage,on a full or part-time basis,or other basis, during the period of the contract,any • professional or technical personnel who are,or have been at any time during the period of this contract,in the employ of the City except regularly retired employees,without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional, technical,or clerical staff as a result of this work,the Consultant vjill actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client,employee or applicant for employment or for services because of race,creed,color,national origin,marital status,sexual orientation,sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer;recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation;selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,pai tner or officer of the Consultant, or any of its supervisory • personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement,if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City,if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the Consultant,with the City's concurrence,desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. • Consultant Contract: Water Distribution Storage Study 6 I C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a III final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans,reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. • F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant,or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. 0 The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims,demands or suits at law or equity arising in whole or part from the Consultant Contract: Water Distribution Storage Study 7 Consultant's errors,omissions,or negligent acts under this Agreement provided that nothing herein shall require the • Consultant to indemnify the City against and hold harmless the City from claims,demands or suits based upon the conduct of the City,its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees,this provision with respect to claims or sUits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability,property damage,auto liability,and professional liability coverage in the amount of$1.0 million,with a General Aggregate in the amount of$2.0 million,unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form,and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Instlred(s)on(CONTRACTOR'S)policy,with that coverage being primary and non-contributory with any other policy(tes)available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not,however,limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form,and underwritten by a company acceptable to the City. The City will normally require carriers to have minirajium A.M.Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project,and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be required. The Consultant shall verify,when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require,and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide,and obtain City approval of,a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications,estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. • Consultant Contract: Water Distribution Storage Study 8 41) XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations,and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for, any statement,representation,promise,or agreement not set forth herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements,representations, warranties,covenants, and agreements contained in the Request for Qualifications,and the supporting materials submitted by the Consultant,and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON Signature Date Denis Law,Mayor Date type or print name ATTEST: Title Bonnie o e I Walton,City Clerk • Consultant Contract: Water Distribution Storage Study 9 EXHIBIT A • SCOPE OF WORK Background and Objectives The City of Renton(City)operates and maintains a municipal water supply system that has ten production wells, one spring, and 10(9+ 1 under construction)storage facilities to provide water service in fourteen pressure zones. The City's water demands are projected to continue to increase significantly for the foreseeable future. Because of limitations in developing new sources of supply within a timeframe that will meet projected maximum instantaneous water demands,the City intends to increase the storage capacity of its water system over the next 4 to 7 years. All existing storage facilities are located on City-owned properties,and the City anticipates that there will be no new properties available within City limits to build new storage tanks or reservoirs. The objectives of the Water Storage Planning Study are to: 1. Identify and develop conceptual options and a site plan for expanding the storage capacity to the maximum practicable volumes within the existing property limits at two locations: the Highlands Reservoirs site and the Mt. Olivet Tank pite. 2. Identify the considerations for the const>luctability and phasing of the expanded storage options. 3. Prepare planning-level cost estimates for the most feasible storage expansion options that can be used for Capital Improvement Program(CIP)budgets planning. Key Assumptions Assumptions for this Scope of Services are as follows: • The services described in this Scope of Services will be performed by HDR employees,except for geotechnical services(Task 3). • The City has no applicable geotechnical data for the Highlands or Mt. Olivet sites. Geotechnical services will be performed by a ZZA-Terracon through a subconsultant agreement with HDR. • The study will not require hydraulic modeling of any kind by HDR or a subconsultant. • Concept-level drawings developed as part of the study that show existing topographical features and property,easement,and right-of-way boundaries shall be based on information provided by the City only. HDR makes no representation or warranty as to the accuracy of such information provided by the City. • The concept-level drawings developed as part of the study will be used solely to illustrate planning- level options and are not to be used In any way for design or site development. • The planning-level cost estimates developed as part of the study are considered Quality Level 4 estimates, as defined by the Association for the Advancement of Cost Engineering(AACE), and are intended to be used only for the comparison of options and as guidelines to the City for Capital Improvement Program budget develppment. • In the performance of this Scope of$ervices,HDR and its employees will exercise the degree of skill and care required by customarily accepted good practices and procedures followed by consultants rendering the same or similar type of service. • HDR shall correct deficiencies due to its services or resulting deliverables without additional compensation except to the extent such action is directly attributed to in City-furnished information, including any information furnished by other City contractors or consultants or other generally reputable sources. • Consultant Contract: Water Distribution Storage Study 10 Task 1 - Project Management and QA/QC • Objectives: • Provide for effective coordination and management of the work elements defined in this scope of services to meet all project objectives. • Provide for QA/QC reviews of all project deliverables. Work Elements: • Management and coordination of all work elements described in Tasks 1 through 5. • Prepare a Project Guide, including a project scope and schedule. • Prepare for and attend up to six(6)project coordination/design review meetings. • Conduct internal quality control reviews of all project deliverables. • Preparation of monthly project status,budget tracking reports and invoices. Deliverables: • Project Guide. • Copies of correspondence and records of key decisions, as requested by the City. • Monthly project status,budget tracking reports,and invoices. • • Materials necessary to develop and document contract changes, if required. Task 2 - Develop Storage Expansion Options Objectives: • Identify and develop conceptual options for expanding the storage capacity to the maximum practicable volumes within the existing property limits at two locations: the Highlands Reservoirs site and the Mt. Olivet Tank site. • Identify the considerations for general structural requirements and constructability of the expanded storage options. • Identify locations and considerations for replacement of the booster pump stations at the Highlands and Mt. Olivet sites. • Identify the considerations for the phasing of the expanded storage options. Work Elements: • Determine constraints for building limits and heights associated with applicable City ordinances,codes, and permits. • Phase 1 -Develop storage reservoir options for the unoccupied northern half of the Highlands site. Prepare a conceptual reservoir site plan to maximize water storage capacity at the Highlands site located at the north side of the site. Considerations will be made to replace the existing reservoir volumes at both the Highland and Mt. Olivet and allow for future expansion. It is anticipated that these options will be based on building new,cast-in-place concrete structures. Identify locations for a replacement booster pump station,to include a fixed standby generator and a booster chlorination system, at Highlands and develop basic configuration and sizing options for the replacement station. • Phase 2 -Develop options for a new,larger storage tank at the Mt. Olivet site. Prepare a conceptual • reservoir site plan to maximize water storage capacity and replace the existing Mt. Olivet reservoir and booster pump station. It is anticipated that options for both steel and concrete tanks will be evaluated. Consultant Contract: Water Distribution Storage Study 11 • Phase 3 -Prepare a conceptual reservoir site plan to maximize water storage capacity and replace the existing two Highlands reservoir site reservoirs,booster pump station/generator/chlorination building • located on the southern half of the Highlands site. Deliverables: • For each storage option,a short written description of the option; a scaled plan view drawing showing the general arrangement of new storage facilities;one or two concept section drawings of the new storage facilities;a list of key structural=operations and maintenance,and constructability considerations; and a list of considerations for phasing. • For the Highlands site, a short written description of options, general sizing requirements,and phasing considerations for booster pump/generator/chlorination station replacement/expansion. For the Mt. Olivet site,a short written description or options and general sizing requirements for the booster pump station. The feasible locations for the replaced booster pump/generator/chlorination stations will be shown on the plan views of the storage facilities options drawings. Task 3 — Geotechnical Investigations Objective: • Carryout limited geotechnical field investigations to determine the general characteristics of the soils and groundwater levels at the Highlands and Mt.Olivet sites from which preliminary structural requirements for new reservoirs and/or tanks can be developed. Work Elements: • Review available geotechnical information for the sites including geologic maps and the logs for nearby borings,as available. • • Explore subsurface conditions by completing 6 borings at the Highlands site and 3 borings at the Mt. Olivet site. • Perform laboratory tests on soil samples obtained from the borings including moisture content,density and grain size analysis. • Complete geotechnical analyses to evaluate preliminary structural requirements for the new reservoirs and/or tanks. Deliverables: • A geotechnical report that describes the general characteristics of the soils and groundwater levels at the Highlands and Mt. Olivet sites and provides preliminary considerations and recommendations for seismic,bearing loads and other key structural requirements,and slope stability considerations(where applicable) for the types of reservoirs and tanks identified in the storage expansion options. Task 4 — Planning-Level Cost Estimates Objective: • Prepare planning-level cost estimates foi the most feasible storage expansion options, including replacement of the booster pump stations,that can be used for Capital Improvement Program(CIP) budgets planning. Work Elements: • Prepare the planning-level estimates(AACE Class 4)for the most feasible storage expansion options that were developed in Task 2. Deliverables: • • Planning-level cost estimates for inclusion in the Study report. Consultant Contract: Water Distribution Storage Study 12 • Task 5 - Prepare Study Report Objective: • Document the storage expansion options development,cost estimates,and recommendations in a Water Storage Planning Study report. Work Elements: • Prepare the Water Storage Planning Study report that documents the most feasible storage expansion options,planning-level cost estimates,and considerations for phasing and construction. The report will also evaluate the growth potential the City would gain by the additional storage volumes. Deliverables: • One draft version and the final version of the Water Storage Planning Study report-5 hard copies and one copy of electronic files of the documents supporting the Study report on a CD(electronic files are anticipated to include pdf and MS Word documents and files of supporting information such as AutoCAD dwg and ESRI shp or personal/file geodatabase,and MS Excel files). See Attachment A for the preliminary outline of the Study report. • • Consultant Contract: Water Distribution Storage Study 13 EXHIBIT B 4110 SCHEDULE Task Estimated Start Estimated Completion 1 -Project Management At NTP* 11 weeks from NTP and QA/QC 2—Develop Storage At NTP 6 weeks from NTP Expansion Options 3—Geotechnical 1 week from NTP 4 weeks from NTP Investigations 4—Planning-Level Cost 4 weeks from NTP 8 weeks from NTP Estimates 5—Prepare Study Report 6 weeks from NTP 11 weeks from NTP *NTP=Notice to Proceed 4111 • Consultant Contract: Water Distribution Storage Study 14 A • ff1( 0giR� AFFIDAVIT OF COMPLIANCE hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race,creed,color, sex,national origin, age,disability or veteran status. II. complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable, will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor,subcontractor, consultant and/or supplier. Include or attach this document(s)with the contract. • Consultant Contract: Water Distribution Storage Study 20 RESOLUTION NO. 3229 • CITY OF RENTON SUMMARY Or FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a planner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all • employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City,including bid calls,and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON,Washington,this 7thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: Mayor Council President Attest: .ts.a1i`.,. City Cler! V i Consultant Contract: Water Distribution Storage Study 19 T• • • • H Table C-1 Water Storage Planning Study Prepared: 6/11/2008 Budget and Fee Breakdown DRAFT FOR CLIENT REVIEW ONLY Labor . HDR HOURS FOR EACH TASK Total HDR 1 HDR Staff Project Role Rate 1 2 3 4 : 5 :Hours Cost J. Peterson Principal/QC 75.65 10 10 $757 G. Pierson Project Mgr. 60.60 24 36 8 24 92 $5,575 D. Bell Project Eng. 48.00 160 16 40 216 $10,368 G.Stephens Structural Eng. 55.43 40 8 48 $2,661 R.Geist l&C Eng. 55.02 6 6 $330 E.Swanson Electrical Eng. 53.45 4 4 $214 E. Habermeyer Staff Eng. 24.00 80 80 $1,920 S. Bishop Cost Estimator 32.50 40 40 $1,300 L. Raaberg Graphics 25.30 24 24 $607 M.Nagamatsu CADD 30.00 64 24 88 $2,640 1 L.Short Proj.Controller 23.30 8 8 $186 A.Wyemura Word Proc. 19.00 16 16 2 40 74 $1,406 Total Hours 58 406 2 72 152 690 $27,964 Subtotal Direct Labor 2,701 16,767 38 2,996 5,462 $27,964 Overhead @ 1.75 4,727 29,342 67 5,243 9,558 $48,937 HDR Salary Cost 7,428 46,109 105 8,239 15,020 . $76,901. Net Fee @ 12% 0.12 $9,228 Total HDR Labor Cost $86,129 Tech cost @$3.70/labor hour $2,553 Travel $300 Total HDR Direct Expenses $2,853 Subconsultants Cost: ZZA-Terracon (see attached sheets) $38,411 Sub Admin. Fee @ 2% $768 Total Fee Estimate $128,162 Table C-2 Water Storage Planning Study Prepared: 11-Jun-08 Direct Expenses and Subconsultant Cost Breakdown Task ZZA-Terracon HDR Tech HDR HDR Subconsultant Total Labor Direct Cost Travel Admin. Fee Expenses 1 Project Management $215 $50 $265 &QA/QC 2 Develop Storage Expansion $1,502 $200 $1,702 Options 3 Geotechnical Investigations $21,544 $16,867 $7 $38,418 4- Planning-Level Cost $266 $266 Estimates 5 - Prepare Study Report $563 $50 $613 Subconsultant Costs $21,544 $16,867 $38,411 Subconsultant Admin. Fee $768 $768 Totals $21,544 $16,867 $2,553 $300 $768 $42,032 • • • • EXHIBIT C COST PLUS NET FEE DETERMINATION DIRECT SALARY COST: Classification Hourly Rate Project Manager $60.60 Project Engineer $48.00 Staff Engineer $24.00 Structural Engineer $55.43 Electrical Engineer $53.45 I&C Engineer $55.02 Principal /QA/QC $75.65 Cost Estimator $32.50 Graphics Specialist $25.30 CAD Designer $30.00 Project Controller $23.30 Word Processor $19.00 Net Fee: 12% of direct salary cost plus overhead DIRECT NON-SALARY COST: • Cost Element Unit Cost Cost Element Unit Cost In-house copies No cost Mileage $0.445/mile Telephone/Fax No cost Computer&Technology $3.70/MH Other direct expenses, including postage and supplies, are charged at cost. The direct salary costs set forth in Exhibit C reflect the Consultant's 2008 salary rates. Reimbursement for work and services provided by subconsultant (ZZA-Terracon) will be at 1.02 times the invoiced amount from subconsultant. • EXHIBIT C (cont.) • SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST Administrative Salaries 38.96% Holiday, Sick &Vacation Pay 14.03% Bid &Proposal Costs 7.47% Advertising Costs 0.00% Staff Bonus 17.47% Payroll Taxes 14.93% 401(k) 5.20% Employee Insurance & Benefits 12.78% Recruiting 0.37% Insurance 3.31% Dues &Professional Meetings 0.41% Publications 1.11% Rent 17.21% Office Supplies &Postage 6.57% Training &Education 0.92% Trade, Business, Technical &Professional Activities 1.53% Computer Expense 3.29% Telephone 4.41% Equipment Maintenance &Depreciation 9.13% • Professional Services 5.42% State B&O taxes and other Business taxes 7.27% Travel &Auto Expense 3.21% TOTAL 175.00% SUMMARY OF COSTS Direct Salary Cost $27,964.00 Overhead Cost(including payroll additives) 175.00% $48,937.00 Subtotal $76,901.00 Net Fee 12% $9,228.00 Direct Non-Salary Costs a. Technology charge, postage, mileage, etc. $2,853.00 b. Subconsultants (Kennedy/Jenks, Zipper Zeman Associates, ESM Engineering) $39,179.00 Subtotal $42,032.00 GRAND TOTAL $128,162.00 • l /fin-nim T v�,to v�, e t'v/J'� ao u,vac d, te Vki/ z..: f\- Aug t,st 4, 2008 eovv vvittee Meeti,vtSs tilities Committee -Thurs., 8/07/08, 4:00 pm, Council Conference Room -(Zwicker) 1) Water District System Storage Study ✓Planning & Development Committee -Thus., 8/07/08 -(Parker) i/Cancelled /ransportation Committee -Thurs.,8/07/08 -(Corman) Cancelled (Finance Committee - Mon., 8/11/08, 4:00pm, Council Conference Room -(Persson) V1) Vouchers 4) Emergency Management Secretary Reclassification ✓ - Contract for Space Planning at City Hall 4) Position Reclassifications V) Treasure Casino Bankruptcy Claim Y L Committee of the Whole - Mon., 8/11/08, 5:30 pm, 7th Floor Conferencinq Center-(Palmer) (A) 2nd Quarter Financial Report/ Preliminary 2009 Forecast V2) City Hall Facility Study Briefing $t Y t. i J