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Council 05/21/2007
AGENDA RENTON CITY COUNCIL 1/401001 REGULAR MEETING May 21, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Regional Transportation Investment District(RTID)/Sound Transit 2 (ST2) 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 5/14/2007. Council concur. b. City Clerk submits appeal letter filed by Cynthia Green, 5008 NE 2nd.St., Renton, 98059, on behalf of Norma J. Randall whose property is located at 733 Field Ave. NE, regarding proposed assessment for the Vineyards Construction, LLC latecomer agreement for sewer main extension along NE 7th Pl. Refer appeal to Hearing Examiner. c. Community Services Department requests the following: waiver of permit fees for 2007 Renton River Days activities endorsed by Renton River Days Board of Directors; waiver of City Center Parking garage fees from July 27 to July 29; and authorization to install River Days banners on City light poles from June 11 to July 29. Council concur. d. Community Services Department recommends approval of a lease agreement with King County, operating as Washington State University, King County, for space on the first floor of the 200 Mill Building. Expenditure required: $73,319.90; revenue generated over five-year lease: $754,899.12. Council concur. e. Police Department requests approval of an agreement with the Port of Seattle and the municipalities of Auburn, Des Moines, Federal Way, Kent, and Tukwila to establish a Valley Special Response Team in order to provide a coordinated effort towards the effective resolution of high-risk incidents. Council concur (See 9. for resolution.) f. Police Department recommends approval of the following for implementation of a red light/school zone photo enforcement program: cooperative purchasing agreement with City of Seattle; contract with American Traffic Solutions; and added City Code section regarding traffic safety cameras. Refer to Public Safety Committee. 7. CORRESPONDENCE 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. Transportation Committee: Kenmore Air Harbor Airport Lease b. Utilities Committee: Renton Village Storm System Project Bid* (CONTINUED ON REVERSE SIDE) k r 9. RESOLUTIONS AND ORDINANCES Resolution: Valley Special Response Team interlocal agreement(see 6.e.) Ordinance for first reading: 2007 Budget amendment for Renton Village Storm System Project(see 8.b.) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT Loe COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6:30 p.m. Benson Hill Annexation Leo 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 4. • RENTON CITY COUNCIL Regular Meeting May 21, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DAN CLAWSON; DENIS LAW; COUNCILMEMBERS MARCIE PALMER; DON PERSSON; RANDY CORMAN. MOVED BY NELSON, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER,Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; PETER HAHN, Deputy Planning/Building/Public Works Administrator-Transportation; PETER RENNER, Facilities Director; ALEX PIETSCH, Economic Development Administrator; DEPUTY CHIEF CHUCK DUFFY, Fire Department; COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL PRESENTATION Deputy Planning/Building/Public Works Administrator- Transportation Hahn Transportation: Roads & introduced King County Councilmember Reagan Dunn's Chief of Staff,Neil Transit Ballot Measure, Strege, and Sound Transit Senior Planners,Andrea Tull and Eric Chipps, who November 2007 reported on the Roads &Transit plan investment package that will go before voters in King, Pierce, and Snohomish counties in November. Mr. Strege reported that the comprehensive Roads & Transit package, a joint effort of Sound Transit and the Regional Transportation Investment District • (RTID), invests in the most congested corridors and builds on the investments already being made. Key features include: reduced traffic delays; faster travel times; major improvements to highways; 50 miles of new light rail; new HOV lanes; bike lanes, sidewalks,better connections; and major freight routes improvements. Mr. Chipps explained that the Roads&Transit package planning area is divided into three corridors known as North, East/Central, and South. Mr. Chipps and Ms. Tull reviewed how the package will benefit these corridors, and Mr. Strege detailed the various roads and transit projects, some of which are I-405 from Bellevue to Renton; 1-405 and SR-167 interchange; Renton express bus N. 8th St. parking garage; permanent Tukwila Sounder station; and light rail transit studies for West Seattle-Burien-Renton. Mr. Strege stated that the capital investment(2006 dollars) for the Sound Transit 2 projects and the RTID projects totals $17.6 billion. The projects would be paid for by increasing the region's sales tax by 0.6 of one percent(six cents on a $10 purchase) and car tab taxes by 0.8 percent($80 per$10,000 of vehicle value). He indicated that the Sound Transit 2 projects will be finalized on May 24, and once the RTID projects are finalized, they will be advanced for Snohomish, Pierce, and King county councils' approval. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: • May 21,2007 Renton City Council Minutes Page 180 * The public is invited to provide input on the Renton Trails and Bicycle Master Plan at an open house on May 30 at the Highlands Neighborhood Center. * The Renton Public Library is holding two public meetings this week to seek citizen input on the Library Master Plan: May 23 at the North Highlands Neighborhood Center and May 24 at City Hall. * The Duwamish Tribe is being honored at the Duwamish Art Mural Dedication on June 2 at the Henry Moses Aquatic Center. AUDIENCE COMMENT Ruthie Larson, 714 High Ave. S., Renton, 98057, expressed concern regarding Citizen Comment: Larson- emergency vehicle access to Renton Hill, noting that access to that area will be Renton Hill Access compromised when the I-405 improvements begin. She asked that the City's Transportation Division review the matter. Mayor Keolker confirmed that the matter will be reviewed. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056,pointed out that Highlands Area refinements are needed for the recently adopted Highlands-area ordinances, Redevelopment such as for the spacing between townhouse units. Saying that a lot of work needs to be done in the Highlands, Mr. McOmber noted that it is important for those who live and work in the Highlands to participate in the process. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 5/14/2007. Council concur. 5/14/2007 Appeal: Vineyards City Clerk submitted appeal letter filed by Cynthia Green, 5008 NE 2nd St., Construction Latecomer Renton, 98059, on behalf of Norma J. Randall whose property is located at 733 Agreement, Green, LA-06-002 Field Ave. NE, regarding the proposed assessment for the Vineyards Construction, LLC latecomer agreement for sewer main extension along NE 7th Pl. Refer to Hearing Examiner. AJLS: Renton River Days Fee Community Services Department requested the following: waiver of permit Waivers &Banner Installation fees for 2007 Renton River Days activities endorsed by Renton River Days Board of Directors; waiver of City Center Parking garage fees from July 27 to July 29; and authorization to install River Days banners on City light poles from June 11 to July 29. Council concur. Lease: Washington State Community Services Department recommended approval of a lease agreement University King County, 200 with King County, operating as Washington State University, King County, for Mill Bldg(1st Floor) space on the first floor of the 200 Mill Building. Expenditure required: $73,319.90; revenue generated over five-year lease: $754,899.12. Council concur. Police: Valley Special Police Department requested approval of an agreement with the Port of Seattle Response Team Interlocal and the municipalities of Auburn, Des Moines, Federal Way, Kent, and Tukwila Agreement to establish a Valley Special Response Team in order to provide a coordinated effort towards the effective resolution of high-risk incidents. Council concur. (See page 181 for resolution.) Police: Red Light School Zone Police Department recommended approval of the following for implementation Photo Enforcement Program of a red light/school zone photo enforcement program: cooperative purchasing agreement with City of Seattle; contract with American Traffic Solutions; and added City Code section regarding traffic safety cameras. Refer to Public Safety Committee. May 21,2007 Renton City Council Minutes Page 181 MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Clawson presented a report regarding the Renton Utilities Committee Village Storm System Project. The Committee recommended concurrence in CAG: 07-053, Renton Village the staff recommendation to transfer$340,000 to the 2007 Renton Village Storm System, Laser Storm System Project budget from the Surface Water Utility's approved 2007 Underground& Earthworks, budgets for the May Creek Basin Plan Implementation($175,000) and Wetland Budget Amend Mitigation Bank($165,000) Capital Improvement Program projects. The Committee also recommended that the ordinance amending the budget be presented for first reading. The Committee further recommended that the Renton Village Storm System Project be awarded to the lowest responsive,responsible bidder, Laser Underground& Earthworks, Inc., in the amount of$1,181,670. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3878 A resolution was read authorizing the Mayor and City Clerk to sign the Police: Valley Special interlocal cooperative agreement between Auburn, Des Moines,Federal Way, Response Team Interlocal Kent, Renton, Tukwila, and the Port of Seattle for creation of the Valley Special Agreement Response Team. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/4/2007 for second and final reading: CAG: 07-053, Renton Village An ordinance was read amending the 2007 Budget by transferring$340,000 to Storm System, Laser the Renton Village Storm System Project expenditure account from other Underground& Earthworks, surface water utility expenditure accounts. MOVED BY CLAWSON, Budget Amend SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/4/2007. CARRIED. NEW BUSINESS Stating that he is a member of the Suburban Cities Association's Public Issues Regional Issues: Cedar Hills Committee, Councilman Clawson reported that the projected closure date of the Regional Landfill Cedar Hills Regional Landfill in King County will be extended an additional four years because the garbage has settled more than expected. He noted that the time will come when cities will have to export their garbage to distant landfills, which is much more expensive. Mr. Clawson said that cities need to look at ways to reduce the use of landfills and increase the amount of recycling. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 7:44 p.m.O Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann May 21, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING May 21, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 5/28 NO MEETING (Memorial Day) (Nelson) MON., 6/04 Emerging Issues in Economic 5 p.m. Development and Transportation; Council Policies; Benson Hill Communities Annexation *Council Conference Room* COMMUNITY SERVICES MON., 6/04 l% for Art from Transportation Projects (Corman) 4:30 p.m. FINANCE (Persson) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 6/04 Renton Transit Center Safety Concerns (Law) 3:30 p.m. (briefing only); Red Light/School Zone Photo Enforcement Program TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Roads & Transit 2007 Now Roa+ s Trar sit One Region, One Plan E , Q Highways severely congested and aging Project costs keep=increasing r Goods must get delivered,people must get to work ,. • ,, and home is'4 y", I r 1 ttJ, �. .' ' � • Population growing 50,000+a year for next 20 years E .pro Renton City Council ^�-:! ,ry + 7e May 21,2007 Regional • C'� Transportation 2 Tic SOUNDTRANSIT 7 '°' n .; Draft Roads :Tran fan liber are to ? 21Hearingl l ...�_ __ _� •' oath r`lt . -' IS-7'1Z-« °gy red"of traffic . �‘ : gym ?.:t s ?`: ,:*4*-*: .° >�`- alrti4 :,corn", 4: f -'':1' F" ' 7 ' f ;'Cransportation investments ,r, x- ,.nr. .�%?&+£ _Y su-Y..e ,,k�JR4 $-;: �'ti�:"-re r'.r.('y''` y,y r - -,:.-714, -;a„,,,,,,,.. l'tir�"es s`iiiYthe`in,,, Iain g overdue-build naw r • .t Yom. ,.' .;:,': �` .More options .-, co»g`ested col idors k�; ' u•k, •Chokepoint relief. •2 years of public feedback ��.r .•. 'Maximize investments, { ' efficiency .Count down to November 'Comparison to other regions 2007 ballot f 'Economy/quality of life I 3 a 1 , . 'PrilT.M.risloi •d.;:l.:.•1:•.4si.....,:aii.e,,.",-„,-- t'—')-1— i'.•--.:---,- '!:-:,'- h..- ,54,,,. ., . - -t.,;:...-•-.,-,--t‘/A4V' ., Why are These- Roads&Transit Draft Package ,h,- •••— -„,.,....::.-z,h. -: -1- -the,Right or ' s. ,..i.74.,,,:,,:,,ciP,,.; as i, Et..' .. ww , .. ... .... .;---,...,.%'4,- ... ...: ---- ,..... .... ',54',#;27'7:,!;,.:, OvervIew ' ---"" ...."-- -- -----: . .:''.'-'...inyestalents:-....:.....‘is,:',-,'„,-4g,-„,,- , .,-,-: iii‘tits4iia, i,L4iiiit-lifikiliA;,t:4::-- r /---- --:,:,'E,:''',t,, ,.,,:,.. ,. -,' .,; ,,:,.., :::-.1,. .',-.-..:5,iv ,1 ,--. 'A - -ti . Pk**, 4. -41., :3:-"•,',,s..SSLi,"-, „ ., —7. .,-,;,`'' -,;:-''''..,r:' '''''''''':: V;i:iiib: 1.ett'''4I. 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ElDli Anington , . -31:''74,. ; '''*: 211'ri;-.:~Ei''f`:',7;-'4:::,••Z,S,;.,4111:::: ',42- 'S 1 "' 1 . -,.., MAP KEY I ICS:S74.--1*77 A".5',:,•''''.7';Trr. :',t,':::g4..S.111.: •:;'.;::.t':•7:V4',,l'F:7:::-.•('''`:'''. '•' ' ,...; Transit •'4".','''n'4.16.,'' Y'ills 4 iteligtif itilticiNitii5SU*0-,16St'SW;Ift, .Marysville ..54i-i'i'''' ,' ,Iiiiiiii0Odhltih'OW iliaitiir - .. •••Proposed ,.., . .\,. Lake Stevero ii ; .,„.; . .-,.-;- , ',-- '-'-• -,:.,,- ,'•-... ,''''' : .r, i'''' Reads 0 •improve'US 2 Treitle:htbdiids first phase of Underway Everett ...'Morirbebypais- --'-,`," '- . - ':,.',' '.,-.,-- '':--,-t--.-'-.'7,•'4.:r4,-,---.:',,.'•••,:',A4Ai mmHg Proposed ,_'''''' - '. . ' - : . . ', ''':......" ' 4#,•004°Wit,'— ' '''''7''', Wilhite° 0 ," 4: ." . .„ 164Ih SW/Ash Way toe •'Expand SR 9,SR 522,SR 551 and SR ,-,,,, , 1 h , .-' ,. •Build.thousands of new Park&Ride - , ---7.7...,.:.,,,,L,J. ,,,,,•.... . ,L .•,. . . . Edmonds nwoo, -vote e . i • . •Improve commuter reit service iothell . 7 • Shoreline f /7---" Woockwille 2 . . , ,..... .. „ . ., ., . Draft North Corridor - ,,:,-.;,:?,:-.:-„!,-.::?--iew,,,',..,:!,,,--- ,',,,,':::-:.,.,:.:.,„-„,, Draft Package: --,:-... -,:f..2., ,”,:,•z, : - - ,:,-,,,.--,,,-;,,,,,....:*-.-K.,-;,:,4 ;, :.. '. .,., — _ , . . Investments ,q,,,,:::::,- -.7,-::!:,-„:%47,,,-. .":„.,-,.., :.,z,„-.:',--,,,--,..'„ East/ Central Corridor .,,d'--',.- '" - ," '',:"-''':,-. ' '',., ":,''',:-:'',. .; ' :-.-,-',,-' ' •--,-,-'," '-'- --- - --",---,,,,' ,,,-,-,' ,'-`1.;.':.,i,'----,,i,'''.'.:::-;.:',".;-.. -`,.?',, ..`-';'Ag'-°--%1:-;".:. ' . :•:::---..-.,4,,,!i, ,,--4-('- ,., .,', -$.4,,..,- ,. r. v4p..... . ..,ot,p,,,,, 3.,Artyt.,,,t,S 1--.....0.......1,.... : '-'Il "'"'' -.,',.' ., '''' l• ''';'.gilt,-,;-..p.t''.-"-zr-r''.,,•'''- -./V.•11A"- ,......, — ,".., ', 4'; '' 46*, `‘.:,. 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'.',;:':,''..'7N'ii,-i's. i'.7:-.,,..,,-;r:,?,„,,,-..,,:-..,,,:%-,;??,,,t1,...::-: :,,;„,:;.,,,-,,,,,:.,n:•;'":.;<!?',1:^p;;..+:, ., Roads&Transit Draft Package V Draft Package: .. : • East/Central Highlights East , East I Central Corridor -, . - ,•, ,‘-!If+4..'r._4f.,=-';,:'''..Vte'e,:'*,..-',Wt-;,,f,!1",tz, -1'..:4,4-,-'ir,,w;g?).;4:, .. „ '4:gr7;1:.-:,:::f;•,?',..::;.4-;,:i.:,,q:2,,ii.-?t',"::-',-,H:, .0.- i 1 - *4.-)4-----....,„., l'''''''' . ..,.-: .--.. ,.. % e' lit ' ,',.80,#2013ridgeiBlieLinefte0a,ame r': : - ' I •„1.4fititiO,a6rti 140toririootillifikqq.,.:,• ,, - :-..--,..;-•-•,,• . ,,,-„1,3,-. •-trk,520 and 1.4i*,Weive .: .•'..' . •- .- OverlakerBetie5iO e:and:Seattle .',.:,tzt.:?•-s-g:-., ...,..,::.:,',',,,7',. :r,. , ::7, •1•403,froinlifaltiVue and-Renton''. - . - 11 korthg. i ala..... l':01:405apdtft167 Inter6hartge,- ''--, . `, a salikvcsiku.: •Improved'Pw$05 atirriddrinifthiiiiAi lanis,-.. rrr ' '''':''' r '4. •tpOkafti*StreitYladuct - , r , . •iiiiitkiiir-Street Oviratist* • * ,. ...I.., -1 '' ' 11 Bellevue and better Interchanges--„-' ,-..,.. -*,'"'•,;.-'-," - —... •• .--.:,.•. •14 tftiarcer Street Connection , ,lint Nal . ','"(,'A: Seattle t • t, — , .'•South Park Bridge Rebiaceilleht .. • Rebuild SR s20 bridgeltb•sfiiitheik:.,,.-:„,,.: ' ,, ,.;,, _ '.1'," .'fiehot . . • . . 1 , •Bothell Express Bus Transit Center and '•.,,,. .....k., •SR 167&1-405 interchange:Direct - - . - - Garage i •tight Rail-between Seattle,Downtown 0, connection between the northbound – - - •--' . . 1 ,.....,,, ,-. , Bellevue and Overlake(Redmond possible) . and southbound HOV lanes ''- FA 7 r 14.' I tt -Renton Express Bus N.8th St.Parking Garage 1111111ilr ""7711,1,9111. 11 . •Direct access bus ramp:I-5 to S Industrial Way •Thousands of new Park&Ride slots •Seattle First Hill Street Car •MCl/LAT Studies for North and West Seattle, •-•,.--74,:;•': , , ,';''' ''' It and along I-90,SR 520,1-405 and BNSF r.o.w. 3 Draft Package: "' Roads&Transit Draft Package South Corridor R ', South Corridor Highlights r' ... ... k •ExtefSdstig'ht..rail sou tw -xpcoma porde; ,,, 4. " .., .:W' :1',.y..' « Bonen "MMon "q ," ok.1Ri'�5.,t. <d �.� §,�. .gp f ' x,.e;'.'- , ,,,t,.'7,-4.1.:1:*,'' *,'tib „',-,,,,,':':,,,,,f..,,,,,.„` ...P--.,.,k4,,, :07,016,T., , • Tukwtta ,s;1� 38 'fi ,.'aC q,:r: y,v;c x '��i,.b,A �r Mn, •i-$Arta lik 1$:.Rebanstruct6 Fte*at WO' - ibterchange("Triangle”pfojecf} . w`1 s ._.�. *Parking Tacoma �,� g garages in Sumner and o Auburn;Permanent Sounder Station in Tukwila i Iii .: •Completes SR 167 from Puyallup to the Port of ',,-'.'41, - yy,,�, _ Tacoma I , �. 1 Rryallup is `'['� UMwood ,r� !> � /7'7:4:: ��� �� '•Adds capacity to SR 162? •Provides a new east-west link between I-S ' 1 0.9 ;s and SR 7(Cross-Base Highway) Draft South Corridor ' ,vh ... 94.r. I ;. ; Investments investments ;• N°°�° and Revenues I.40Sa`hB'SFt'1r .triehe - }. Seat, _ ''- ;' '-',,- SR 8; teiiai n.. K•" apitel" flvesfrrient t 0�r t!o►lat } •i-5-ffd 5ti ort I s •a.51sktsaiittst $;rie iiit'Wk`lrrtit hatrge' federal I ' �6 e' $1T.6billion1151.6l'.',' '':' '',"s i 4 •SR 18TGrear Ott r:'.Vail lm eitt3'f '-;. way --` *, < . Tacoma a„b n” $Ta; billion`for transit` � •$R-1a7 Puyaiti 0`�;ic ensiokdb""Portbf Tecoina„,,_ ; 47,7 •t-5 and T(coma tetralvd,',- ' -$6.7 billion for roads --SR 162 Sumner/Orting triterchange lane; •; b s°"°" ,...... „; ,' x<w.:ti. improvements °; - P,yann� w,7 . . ' ',� :�" •SR-704"Cross-Base Highway"Corfneetion,•to t-5' ia�ewooa 4Acchqq? = New Revenue . ,�` AFBId , - Transit rfi e •, _ .6 of one percent of sales tax(.5 Sound Transit, .1 RTID) • Light Rail Extension fromSeaTacAirport ' d„f°"L I I ! ouny ✓Six cents on a ten-dollar purchase • to Tacoma Dome • Burien Park&Ride Garage • Tukwila Permanent Sounder Station $80 for every$10,000 worth of value on a vehicle(RTID only) • Auburn Sounder Parking Garage .-- ".' • Sumner Parking Garage,Pedestrian Bridge • Puyallup Station Garage;Pedestrian Bridge � 1 16 • LRT studies West Seaftte-Burien-Renton ” 4 a{t, y : to allot Countdown � , 3 , t ,�i yiF �•`R..abar:, RTID and Sound Thre;1ntlnmrrt+ ,tlry m nresn ora i +�€ .. asna nntlap rt � :lj►'pllltilayt: Soundfiransit BoB°d adopts final ST2 Plan Transit Districts ,�,n,� ..La y A yw g (1{Iay 24'flna'C approvaHj May/June: RTID adopts final Blueprint for Progress RTID Planning Committee adopts plan t. � June/July: Sound Transit Board adopts ballot title County Councils adopt Blueprint, ballot . title ■NTIU detntt only , ' .°y' "� August: Ballot title(s)filed with county elections offices �` �` Nov. 6: General election ... + K. , air 18 Roads & Transit 2007 ;4"0,411.1%-''.1 '`,?!''' '':'",:'40.1:.:::— =4-4-- (..`` . "':.,q4.1V,4:-.4.::`•;.4 ' -'%Aril. ''''it 4*.'.4---"-- -- 1 /N,... . ,.,;,4..,,,,e, ;1.0,,..%,:.=-..,,,,` 4_° 19 .. 5 SOUND TRANSIT BOARD Mission Statement: Sound Transit plans, builds, • 15 Chair and operates regional transit systems and services r SOUND TRANSIT John W.Ladenburg 5 ` • ,, To D Ay & P;e,reCamtyExecu, to improve mobility for Central Puget Sound. 32 •<► Vice Chairs 10 43 Milestones for 2007 • To m • ki: 1.--: c...) \iv Connie Marshall .o Bellevue Councilmember UNDER CONSTRUCTION , , ..---7 Mark G.Olson 1 Link light rail Operations&Maintenance base opens Everett C Vice President 2 Groundbreaking on 1-90 Two-Way Transit and HOV lanes ``, Boardmembers (Westbound from Bellevue to Mercer Island) • '° ' Julie Anderson 3 Lakewood Station groundbreaking - I Tacoma Counotrnember 4 Redmond Transit Center groundbreaking Mary-Alyce Burleigh 5 Final assembly of Link light rail vehicles begins in Lynnwood Kirkland Councilmember Puget Sound area Edmonds y 6 Light rail testing begins on test tracks f•. • Fred Butler Mountlake Woodinville ` E •"` 7 ResurfacingPine Street in downtown Seattle completed Bothell • r- IVIVIN Issaquah Deputy Council President e Terrace 8 Link light rail tunnel boring machine breaks through r .,y -IP ,4 .. Dow Constantine Beacon Hill East Portal - King County Councilmember 9 Construction begins on Link light rail SeaTaclAirport Station �„ s.� Dave Enslow '' p Ii '1 • 10 Mukilteo Sounder station groundbreaking _ Sumner Mayor 11 Excavation complete for Beacon Hill Station • • tp arts"' _ p alfard Northgate v4,or, y . Doug MacDonald 12 South Tacoma Sounder station groundbreaking (irklanr r • )""�'.."` 'R; �c Washington State Department 13 Construction begins on track and signal improvements for university . f.;.,mond l , 1° ^mei , .. . o� • r progress of Transportation Secretary Sounder Lakewood-to-Tacoma service Seattle District • Richard L.Marin 14 Totem Lake Transit Center groundbreaking - �� - - .. 01 ixt, n Edmonds Councilmember 19 Overtake r ••• 'i a O Sto l l es 15 North Everett Transit Center groundbreaking 31 1 !" t,:• OIe Richard J.McIver - , y 16 Paving complete on Martin Luther King Jr.Way South Bellevue .. t' fi _• . Seattle Councilmember 17 Groundbreaking for Everett Station parking improvements 6R. Sammamish �+• . ^�€s '. Greg Nickels and pedestrian bridge 11 • • � 1G" R Seattle Mayor 18 Link light rail's Tukwila International Blvd Station completed • Mercer _^ � ��• Julia Patterson Is. .r. 19 Downtown Seattle Transit Tunnel conversion to light rail/bus 2 tt v King County Council Vice Chair operations complete i Issaqu _ ,.. - Larry Phillips 20 Link light rail tunnel boring machine breaks through second Newcastle -� • King County Councilmember Beacon Hill East Portal 16 21 _ '�` _ Aaron Reardon 21 Light rail stations,trackway and roadway complete 22 r I .� Snohomish County Executive • on Martin Luther King Jr.Way South 'j 18 `Renton - , Ron Sims 22 Tukwila 1.8-mile light rail guideway structure complete •urien King County Executive 23 Airport Link light rail at-grade guideway complete 9 Tukwila 24 Redmond Way transit improvements groundbreaking SeaTac Claudia Thomas 2 - Lakewood Mavor OPEN FOR SERVICE f Peter von Reichbauer 25 Tacoma Link stations Closed-Circuit television system installed 1'"" ", King County Councilmember 26 Canyon Park Freeway Station opens es Kent 1•••••1 -- - a Sound Transit 27 Totem Lake FreewayStation opens 6 "'-""` -° -- --- - r'" 28 Mercer Island Park-and-Ride lot opens tar Lake • (� • . ..� �'— ` a�... ! 111 l ,,��iq t _. Joni Earl p ~,!; ll � _ ® M1 ..1 ' , di ll Chief Executive Officer 29 New Sounder Tacoma-to-Seattle run begins y t 30 Reverse Sounder commute starts between Seattle and Tacoma , ederal Way _� 31 Downtown Seattle Transit Tunnel reopens for bus service 33 Auburn „ I■ ' INFORMATION 9 , . .� .."- lit 'G' n .1 -a-_ �:� - �tIF -r- - �.• { _I 32 Third Sounder Everett-to-Seattle tripbegins 25 ._ f For information about Sound Transit �' } ! 'trim I 0 Sound Transit total ridership reaches 73 million Tacoma f ;, I!! `it G_ I projects or services visit us online at y + c t If sJ ! IN PLANNING ; . ,1 6,>i - +�. ek ' i I I,- !__ www.soundtransit.org or call su.�t'1 r4 . 1.1 iutNeasigimp. . 1-800-201-4900/1-888-713-6030 Q Smart Card beta test complete Tacorr t t ti TTY.To receive e-mail updates for 0 Board adopts draft Sound Transit 2 package for i nor- -+ t �� 4 `�� _ C,, ` expansion of the regional transit system Lakewood A • _ l ,' II�1'1 •_ . �. Sound Transit's bus or rail service, Agreement reached9with y of Sumner C 'T ¢ , `'In 'r'e• 1 projects,or other information, 0 gUniversity l® tQ i , ` to Washington on UniversityLink +�tk F subscribe online at 9 Puyallup • r f ! . , www.soundtransit.org.Write Q Board adopts final Sound Transit 2 package • �c i: �I I11 � l wA w 0 Expert Review Panel submits final i I h t .. Sound Transit,401 S.Jackson St.,WA South Hill i review of Sound Transit 2 planning DuPont - ��y,y ' 98104-2826. 0 Puget Sound Regional Council ` - r. ■ I • • 4.301 certifies Sound Transit 2 package . ti,‘IN I t • 0 University Link light rail federal ' ��- " .._, grant application submitted i. - � 0 University Link light rail 60%design/baseline + % I 1 cost estimate/schedule completed •33 Federal grant awarded for senior housing r- ,��� development at Federal Way Transit Center Cover photos(from top to bottom)A welder at work in the Downtown • SOUNDTRANSIT , # r Seattle Transit Tunnel retrofit;Conceptual image shows future li ht rail trains on 1-90 i T SDUNDTRANSIT Q Public vote on Sound Transit 2 plan p g g RIDE THE WAVE connecting East King County to Seattle;Sounder train arrives at the Auburn Station. RIDE THE WAVE 0 Not found on map. • NOMMEN O• *'°'r'4**'iliigldgldill". •%!lrle 450 u: ;� , _ • , �� r 2007 promises to be VW r'" f if%!'lr _ '* better 20 f S a - _ - • 1.zic " !. s `► even e erthan 06 or ound .:: t + z �_ _ , .,'� _ �� ` , , Transit. In other words,a year full of _. �. even more projects and progress.We , _. P l P 9 i'' t' '!r _ ; T SOUNDTRANSIT are nearingcompletion of the first . . or ,;� '' ""�""�" phase of buildingand deliveringthe decade, r - - Over the past d, 1 • transportation system that is helping Sound Transit has fundamentally «, t# • .„4., � • the citizens of the Central Puget Sound region get where they want • ..- changed the region's transportation - „R.. .55 .I.,1• • E to go.We are also planning for the future.You'll find those themes, landscape with our ST Express ;- ,`'�' 'rin •' r I Todayand Tomorrow,throughout our2007 milestones.t ugh 'I � buses,Tacoma Linklight railtrains, • i r SOUNDT NSIT Sounder commuter trains,transit : _, i Today we carry close to 44,000 people to work,shopping and a + / centers,HOV access lanes and park-and-ride lots. Jk�. , f long list of other destinations. In 2006,we carried about 12 million passengers in our trains and buses and opened a number of new Watch us keep growing in 2007. On '+!1'' , transit facilities.We will add projects and services and do even more We will carry more passengers in our trains in 2007. and buses than any other year in our history. - N. '" • - o y • Photos(from left to Tomorrow we will put the Roads&Transit package of Construction will begin at new Lakewood,South Tacoma and — r" r -' right clockwise) �/ ,s` ,,4 y, « transportation improvements on the November 2007 ballot.That Mulkiteo Sounder stations.We'll break ground on the North .1_w/� 4 >s" Link light rail overhead trackway package includes extending Sound Transit's light rail Everett and Totem Lake transit centers. on its way to Sea-Tac system and improving the Sounder commuter rail ` J +_ ' „'-4 . (Ellen M.Banner/The Seattle There will be more round-trip Sounder service in the north and - and ST Express regional bus system.The Roads&Transit , ---" , - ; , Times) package also includes improvements to the most highly congested south lines, including our first ever"reverse train"that starts "` i d i hin Seattle and runs south to Tacoma.Our Link light rail project ;` mss'. r , New light rail carat the Link highways and bridges in pSnohomish, King and Pierce counties. g p J -..+ :,. s •...... Operations&Maintenance Base will be more than three-quarters built by year's end. For the s The future will be here before we know it,and we are planning first time,the public will see our light rail trains testing in SODO '` _ `* Z . :,+f < t Beacon Hill light rail tunnel under i y- i' I i : construction for it.Another 1.2 million more people are expected to be living in near the new Operations&Maintenance base.And buses will if( x this region in theyear 2030 and our current transportation system be runningagain in the newlyrenovated Downtown Seattle ' y �,a d Tacoma Link light rail at the y ^, a 9 P 9 s.'; . , = can't handle the load.That's why we're working with the RegionalTransit Tunnel. In 2009,when Link light rail trains are carrying • . 1*,: Tacoma Convention Center Station n_-_ F Transportation Investment District(RTID)on the Roads&Transit thousands of passengers every day,the downtown tunnel will as '*lit—"'— P Light rail construction near �-�� r � - - ~' "" _ --__,�,�• � .�iy. . "-7., 9 plan.As our milestones show, it will be a major focus of Sound easily handle both trains and buses. . + r ;t Mount Baker Station in Transit's planning efforts in 2007. '"' f} i Rainier Valley In the past, Sound Transit's milestones have been a good way - is' * -' liv Salmon sculptures grace new On Jan. 11,the Sound Transit Board approved a Sound Transit 2 for the public to track our progress throughout the year-2007 �. Eastgate HOV Access ramps in Draft Package and sent it out for public review and comment.That is no exception. r �! -Y+" Bellevue.O 2006,Alex Young, package,which is the transit piece of the Roads&Transit plan,will . _'". � Return of the Salmon,all rights expand light rail service to the north, east and south. Earl in the As our milestones show,we're working hard this year reserved. p g y completing our projects, providing service and improving the !', Asecond quarter the final package will be adopted.After that,all eyes way people get around our busy region. ,,0,1., -- . ST Express bus departs the are on November. -. u. _• '•" Lynnwood Park-and-Ride lot •�. s .- . Sincerely, 6.4.,e .Sound Transit has become synonymous with success.That '+ " - tt. I won't change in 2007.We're working very hard to make the ./, "=, ~" �. r ' transportation investments that will help our children and ei i Earl 7r' " _ grandchildren continue to enjoy our famous quality of life. 'y,;. '! i ound Transit Chief Executive Officer y - it — 7. - Sincerely a'r® • + // 9 I '+.tet -c - lY #hn W. Ladenburg OF- Sound Transit Board,Chair, .- : • ;: '"'----_ , Pierce County Executive ...: m = cam.. wr.. ..- �,. -iii —_ . maenls, r r f ,. .p iii r e f. - a c • a S. ii sk,7, .. rc. , 6i;� 1 _ LIIIII.- ---°4—*-‘,,.._-_.' -�'-- —7 y0�-3'E ::.•t .�.,yt. " - r+a.'asR':r�{-s _ - - - �I ` � • '-'1 i•�,hIMP-- II --- Is K :- j • r : - ' ' It' , 14111114011111111* . _____I Ibisk r r • ...:;.',...'r�r _ Future light rail Sea Tac/Airpo MAY,2007 T SOUNDTRANSIT SOUND TRANSIT 2 PACKAGE Mad Pending final Board approval Sound Transit 2 would expand the regional mass transit system by adding 50 miles of light rail, improving commuter rail facilities and increasing express bus service. The result would almost double Sound Transit system ridership, provide fast, reliable connections to more places for more people, and cut through congestion in the region's most heavily traveled corridors. Sound Transit 2 is part of the Roads & Transit proposal that will Everett go to voters in November 2007. The Roads & Transit plan tackles the region's most pressing road and transit needs for the next 20 years. Mukilteo • I . • 164th SW/Ash Way DETAILS 0 • /Mdeood . • • • Extends light rail north from the University • of Washington to S. 164th Street/Ash Way in Edmonds • Lynnwood ., • Snohomish County, with service to Northgate, ." ' Mountlake Bothell Shoreline, Mountlake Terrace and Lynnwood. Shoreline• Terrace •Woodinville • • Extends light rail south from Sea-Tac Airport to • Jackson Park � � downtown Tacoma, adding service to the Des . Northgate Downtown Moines, Federal Way and Fife areas. • Roosevelt Redmond Brooklyn . SE Redmond • Extends light rail east to Mercer Island, Bellevue „.• University of Overlake Transit Center g ;Ballard Washington szo Hospital and Redmond's Overlake Transit Center and Overlake Village Microsoft campus, with service all the way tocapitol Downtown Bel-Red Downtown Redmond if sufficient funding is HI First Hall Bellevue 5E 8th Bellevue available. The plan identifies the extension to Seattle ' Rainier Mercer 90 South Downtown Redmond as a high priority and Island Bellevue provides up-front funding for planning, engineering West Issaquah and some real estate acquisition. Seattle • Rainier • © • Valley ®, • Expands parking and enhances Sounder stations, increasing access to the regional transit system. MAP KEY N Sets aside funding for future service enhancements Renton to the existing ST Express bus network during light �� Link Light Rail Underway rail construction. Burien • ,;••••• Sounder Commuter Rail • Funds several long term studies: extension of light •'•4 Tukwila 1 • Underway rail to Everett; future high capacity transit lines to SeaTac/Airport • +awwNN Issaquah via I-90, from UW across SR520, from S 200th . Light Rail Proposed Ballard to UW and in Seattle's west corridor from Des Moines/Kent Kent > > New Station,Facility or Ballard to West Seattle to Burien; additional bus Redondo/Star Lake • liai Enhancement rapid transit; and long-term use of the BNSF rail g Federal Way • I• Auburn 1405 Bus Rapid Transit line in east King County. South (BRT)Enhancement Federal v iii m i u Way North Sumner Priority light rail extension with BENEFITS Tacoma (provisional) funding for planning,environmental Port of Tacoma/ Sumner review,preliminary engineering Fife and right-of-way.Construction if • Provides fast, frequent and reliable light rail sufficient funds are available. in service free of delays from congestion and Puyallup Potential commuter rail extension weather, with trains running 20 hours a day Lakewood with partners and/or annexations and every few minutes at peak times. • Planning study for high-capacity • transit on existing rail • Moves more people through the region's most • right-of-way congested corridors, taking cars off the road. DuPont* Planning for future high-capacity • transit extensions 'r Pierce/Thurston County line continued on back -; Planning study for future phase BRT implementation • Light rail stations serve as hubs that collect riders • Builds on the cost-estimating, engineering and from local bus routes. construction experience that Sound Transit acquired • Connects Snohomish, Pierce and East King counties over the last decade. Independent experts from around the country also intensively reviewed Sound with the almost 19 miles of first-phase light rail Transit's work, further increasing the level of investments paid for by North King County and South King County taxpayers. confidence that the proposed rail lines can be built with available funds. • Makes strategic bus rapid transit (BRT) investments in the I-405 corridor, complementing • Reaches Northgate by 2018, and Downtown BRT investments already completed or under Bellevue and Kent-Des Moines Road by 2021. Other construction. extensions would be phased through 2027. ESTIMATED RIDERSHIP (2030) ANNUAL WEEKDAY SERVICE Without Package With Package Without Package With Package Central Link 37 million 93 million 118,000 305,000 Tacoma Link 1.1 million 1.6 million 3,800 5,400 Sounder 4 million 4 million 16,000 15,400 ST Express 15 million 9 million 51,000 33,000 TOTAL SYSTEM RIDERSHIP 58 million 108 million 189,000 359,000 BY THE NUMBERS: SAMPLE TRAVEL TIMES (APPROXIMATE) • Overlake/Microsoft to downtown Bellevue: 10 minutes 168,000 More riders on the Sound Transit system • Lynnwood to downtown Seattle: 28 minutes 11,200 New park-and-ride stalls • SeaTac to the Tacoma Dome: 37 minutes • University of Washington to downtown Bellevue: 50-53 Miles of new Link light rail 30 minutes 25-27 New light rail stations • Downtown Bellevue to Qwest Field: 20 minutes 10 Additional cities connected by light rail WHAT IT WILL COST 7 New/improved Sounder stations The funding for Sound Transit 2 would come from a 2 New 1-405 BRT enhancements sales tax increase of five-tenths of one percent,or 5 1 Mile of new/improved Sounder tracks cents for a $10 retail purchase. THE VALUE OF THE INVESTMENTS(2006 DOLLARS) 1 New streetcar line Capital Costs $10.9 billion FINANCIAL AND SCHEDULE INFORMATION IS Operating & Maintenance Costs $1.5 billion PRELIMINARY Financial,budget and schedule information presented here and on-line is based on estimates as of May 2007. Total $12.4 billion Figures may be updated periodically to reflect updated estimates THE BOTTOM LINE as deemed appropriate by the Sound Transit Board. $7.5 billion (2006 dollars) in estimated new tax collections from 2008 to 2027 (excludes revenues from For more information visit www.soundtransit.org/ST2 existing taxes and bonding). or www.roadsandtransit.org. Sound Transit plans, builds and operates regional transit systems and services to improve mobility for Central Puget Sound. C5#04601 Revised Regional Transportation Blueprint for Progress Investment District Spring 2007 The 2007 revised Blueprint for Progress is a draft plan that proposes investments in highways, bridges and roadways in Snohomish, King and Pierce counties. The proposed projects will reduce congestion and ease chokepoints—today and in the future—in the Puget Sound region's most heavily traveled corridors. The Regional Transportation Investment District(RTID)is developing the road-investment plan in cooperation with Sound Transit, which is crafting a plan to expand the regional transit system. The agencies' combined Roads & Transit package will be the Regional Vision for Road Investments first-ever plan presented to voters that is a unified program of (Conceptual Map) investments in highways, light-and commuter-rail, HOV lanes, ' �aM`. Arlington park/ride lots, and express and local bus service. j 1 RTID and Sound Transit leaders are making sure the proposed investments work together for everyone—whether they drive a ■Marysville car or truck or take transit.The Roads&Transit package will go :LLake Stevens before voters in the three-county region in November 2007. �: tt is •Everett ti ■ ■ RTID's Guiding Principles Mukilteo■ I ili • Improve safety and reduce congestion chokepoints; Q ■ ■ Monroe In • Add to existing investments in key highway corridors; • ••� • Integrate with Sound Transit mass transit investments tos ■ improve mobility for citizens with both roads and transit; Edmonds_ .Lynnwoo/d, ■ 1 othe� z® • Make investments throughout the three-county region, so Shoreline ■ that every area benefits; ■ I Woodinville • Maximize financial resources by prioritizing investments in V critical corridors; Kirkland Redmond • Keep the Roads&Transit package affordable. © ""r\ Overtake Funding Seattle■ ;Bellevue In 2006 dollars(the year costs and revenues were estimated) 4111111111111111111 RTID investments total$6.7 billion. Investments would be ■ funded by two sources: a .1 percent local sales-and-use tax, • araa■•. which is 1¢on every$10 purchase;and an excise tax of$80 on a* oy every$10,000 of value of a vehicle. ■ • In 2006 dollars,the RTID package would cost the average ■ ' a r Renton household$25 in additional sales tax per year and$68 for an Buda® _ average vehicle value of$8,500,for a total cost of$93. Tukwila These funds would be generated within the RTID district only. ■a • Every dollar generated in a county would stay in that county. Searacl•ii T. /Kent Next Steps Q s • February-March 30: Public outreach Federal Way : ■ to • April: RTID adopts final Blueprint for Progress Tacoma ®: �, • • Auburn ■ May: RTID Planning Committee adopts plan �. ■ Sumner ei • June-July: O.■ js N r County Councils adopt Blueprint for Progress, ballot title Puyallup ■ ai MAP KEY Lakewood 0 ® 41111.Underway • August: Ballot title(s)filed with county elections offices II •■:AFBhord © I ■■■ Proposed • November 6: Roads&Transit package on ballot RT1D's �5 A■ I Blueprint Fort Lewis Ortin4 03-05-07 Highlights of Proposed Regional Road Investments RTID and Sound Transit The following are the major transportation improvement projects proposed in the draft District Boundaries Blueprint for Progress adopted by the RTID executive committee on January 26,2007. The APO district includes ,i Arun All major RTID investments are on WSDOT state highways and bridges. For a copy of the entire Sound transit the draft Blueprint for Progress, which includes descriptions of all projects proposed Sno'homishCo Yen of for the 2007 ballot, please visit www.rtid.org/blueprint. including the mat of Marysville,Arlington, Lake Stevens,Snohomish Snohomish County and Monroe and their surrounding urban area US 2 Trestle&Monroe Bypass:Alleviates chokepoints and improves safety by add- ing capacity to interchanges and completing first phase of Monroe bypass. SR 9: Widens SR 9 for 14 miles, improves interchanges, builds Park and Ride lots, and adds bridge over Snohomish River. Seatt l: 1-5 Corridor Improvements: Addresses key interchange chokepoints to improve traffic, flow at US 2, 128th Street Southwest, Everett Mall Way, 100th Street Southeast, 116th Street Northeast, 88th Street Northeast, South Broadway and at SR 524 and SR 531. SR 522: Completes missing link for a four-lane, median-divided highway between ` AnD dntntt only 1-405 and Monroe, including new interchange at Paradise Lake Road. Sound Transit and Ta Aflo disirktf SR 531:Widens SR 531 to SR 9 near Arlington, including bike lanes and sidewalks. Other key east/west and north/south road and transit improvements. King County SR 167 Green River Valley: Completes HOV/HOT (High Occupancy Toll) lanes on King County section of SR 167 and adds new lanes in key locations to provide con- gestion-relief and increase safety. Regional Transportation 1-405 Expansion from Bellevue to Renton: Provides additional lanes in each direc- Investment District tion from SR 169 (Maple Valley Highway)to 1-90 to ease one of the most significant chokepoints in the region. Executive Board Shawn Bunney, Pierce County 1-405 and SR 167 Interchange: Builds a direct connection between HOV lanes on Chair 1-405 and SR 167 to address the most congested interchange in the state. Julia Patterson, King County 1-5 and SR 509: Extends SR 509 to directly connect with 1-5 to improve freight mobility, Vice-Chair reduce Southcenter Hill traffic jams and create new south access to Sea-Tac Airport. Dow Constantine, King County Reagan Dunn, King County I-5 and SR 18 Interchange (Federal Way Triangle): Reconstructs interchange by Tim Farrell, Pierce County adding merge/exit lanes on 1-5 and realigning SR 18 to relieve back-ups at one of the Dave Gossett, Snohomish County most congested chokepoints in the state. Gary Nelson, Snohomish County SR 520 Bridge Replacement and HOV Lanes: Provides regional funds toward replacing the earthquake- and windstorm-vulnerable crossing with a new six-lane Planning Committee bridge that increases capacity and adds HOV lanes, shoulders and bicycle lanes in All Executive RTID Board members each direction. Doug MacDonald, Secretary of Transportation(Non-voting Chair) Seattle Mobility and 1-5 Chokepoint Improvements: Replaces the I-5/South Spo- Roger Bush, Pierce County kane Street Viaduct,creates a Lander Street overpass,improves the I-5/Mercer Street Bob Ferguson, King County connection,builds a direct access ramp from I-5 to South Industrial Way and replaces Barbara Gelman, Pierce County the earthquake-vulnerable South Park Bridge. Calvin Goings, Pierce County Pierce County Larry Gossett, King County Jane Hague, King County SR 167 Extension: Completes SR 167 between Puyallup and Port of Tacoma and improves John Koster, Snohomish County SR 161 in Puyallup to help relieve congestion for commuters,truckers and shippers. Kathy Lambert, King County SR 162:Adds capacity to SR 162 in the vicinity of Sumner and Orting to ease conges- Terry Lee, Pierce County tion in this fast-growing area of Pierce County. Dick Muri, Pierce County Larry Phillips, King County SR 704 and 1-5 (Cross Base Highway): Provides a critical east-west corridor link Kirke Sievers, Snohomish County between 1-5 and SR 7 passing through Fort Lewis and McChord Air Force Base. Dave Somers,Snohomish County 1-5 and 38th St. Interchange: Builds direct-access ramp on southbound I-5 near Pete von Reichbauer, King County Tacoma Mall to alleviate congestion. For more information: www.rtid.org 03-08-07 • . ----- Arlington Roads & Transit •• • ,y� The RTID district includes `\ ' '•`'�'' the entire Sound Transit -�-a • I' �_ "rte districtohoand a portion of South Co r r i ci o r \....... Snohomish County including the cities of \ '��l 411 1�,, Marysville,Arlington, Eveirett IP ' „1 _ Lake Stevens,Snohomish R. and Monroe and their ` Monroe L.-- surrounding urban areas. • Regional Plan Will Expand Transit, Ease Traffic Congestion Countdown to the November 2007 Election \� • Extreme and prolonged nomic wellbeing of the region depends and the Tacoma Dome. It also would February-March �\ _ d '� traffic congestion com- on its roads and transit infrastructure. expand commuter rail and bus service • Public comment on draft Roads &Transit package \ a . bined with aging infra- Unfortunately, the region lacks sufficient throughout the region. April-May Seatt� \\' �•_� structure threaten to connections to transit options, and is Roads such as . -- � . * - -- overwhelm our region's struggling with clogged highways, aging SR 167, 1-405, SR 509 • Sound Transit Board adopts final Sound Transit 2 Plan ��.-\\� ..,..,,,..„4...... �� ; t-r' , prosperity and quality bridges, and other urgent transportation and the Orting High . • RTID Exec. Board adopts final Blueprint for Progress �� f :,, ::...-w.deof life. needs. way (SR 162)would • \\ Region, n Transportation Plan be improved to make '7p RTID Planning Committee adopts final Blueprint \ In the South Corridor, which includes the One O e P commutes safer and �. urban areas of south King Countyand The Roads &Transit investment package more reliable. 1 * • Sound Transit Boardplaces final Sound Transit 2 Plan II RTID district only Pierce County, traffic gets worse every is a joint effort by Sound Transit and the _ day as the region's population continues Regional Transportation Investment The proposed Roads &Transit invest- on ballot Sound Transit and Ta RTID districts to grow. South King County is home District (RTID) to create the first-ever ment package will link housing and • County councils adopt Blueprint and ballot title \ to nearly 40 percent of King County's integrated and comprehensive set of employment centers so that workers can �\ ivi: population. By 2020, Pierce County's highway, bridge and mass transit im- get where they need to go and freight August \ will increase more than provements for Snohomish, Kingand can move efficiently. This will helpcreate population cease by o e p e y • Ballot title(s) filed with county elections offices 200,000 people, putting even more Pierce counties. The projects proposed jobs, reduce congestion, and improve November 6 pressure on its transportation system. for the South Corridor, and the benefits traffic safety and mobility in the South • General election ---� In addition, nearly 30 percent of Pierce they provide, are described inside. Corridor. County's workers commute to jobs in \' King County. This November, voters will decide on the We are one region. Now we will Note:Portions of Snohomish County outside the Sound Transit Roads &Transit package. In the South have one transportation plan. district would be subject to RTID taxes only. From Orting, Lakewood and Fort Lewis Corridor, the plan would extend light rail Regional to Renton, Tukwila and Burien, the eco- south between Seattle, Sea-Tac Airport Transportation Investment District VSOUNDTRANSIT _ RTID is charged with developing a transportation investment Sound Transit plans, builds and operates regional transit How Will Roads & Transit Benefit the South Corridor? .rA Ata1'r'- 4 F.. package that reduces congestion on roadways and bridges in systems and serves to improve mobility for people in the ""` ' Snohomish, King and Pierce counties. For more information, Central Puget Sound region. For more information, visit: The Roads&Transit plan, developed with input from thousands of citizens, civic ,tr *amp ii T . visit: www.rtid.org www.soundtransit.org leaders, and local communities, and based on years of engineering and design ': 11'Ht. P lk I work, is our opportunity to do things differently, on a scale that matches the traffic -- . '-',477.411 • iiiii0001,, problems we face. We are one region. Now we will have one transportation plan— al plan that will: 7iiA Sound Transit Board David Enslow Aaron Reardon Dow Constantine,King County Bob Ferguson,King County John W.Ladenburg,Chair Summer City Council Snohomish County Executive Reagan Dunn,King County Barbara Gelman,Pierce County ■ Expand light rail and transit, and improves highways Light Rail Will Make Travel Pierce County Executive Doug MacDonald,Secretary Ron Sims Tim Farrell,Pierce County Calvin Goings,Pierce County Times Predictable Washington State Department KingCountyExecutive • Reduce congestion and tackles choke Dints Connie Marshall,Vice Chair g p g chokepoints Transportation Dave Gossett,Snohomish Larry Gossett,King County Bellevue City Council p Claudia Thomas Approximate travel times: County County ■John Koster,Snohomishpeople andgoods more quicklyand reliably Olson,Vice Chair Richard Mann Mayor of Lakewood Move p p bl y Everett City Council Edmonds City Council Pete von Reichbauer Gary Nelson,Snohomish County Kathy Lambert,King County Federal Way to Seattle: 55 min. Julie Anderson Richard McIver King County Council Planning Committee: Terry Lee,Pierce County • Give travelers more options to get out of traffic Federal Way to Bellevue: 70 min. Tacoma City Council Seattle City Council Regional Transportation All Executive RTID Board Dick Muri,Pierce County • Fix safety problems Federal Way to Sea-Tac Airport: Mary-Alyce Burlei h Greg Nickels Investment District members 9 Larry Phillips,King County Kirkland CityCouncil Mayor of Seattle 20 min. Executive Board: Doug MacDonald,Secretary of Peter-von Reichbauer,King ■ Coordinate construction to keep people moving Julia Patterson YCounty Transportation,Non-votingChairCounty Fred Butler Shawn Bunney, P Tacoma Dome to Sea Tac Airport: King County Council ■ Improve freight mobility35 min. Issaquah City Council Chair Roger Bush,Pierce County Kirke Sievers,Snohomish County p g Dow Constantine Larry Phillips Julia Patterson,King County Jane Hague,KingCount King County Council y Dave Somers,Snohomish County King County Council Vice-Chair ■ Build on existing investments and leverage limited dollars Tacoma Dome to Seattle: 70 min. 05-10-07 Roads & Transit Targets Major Chokepoints What is Proposed for the South Corridor? The Roads&Transit investment plan is intended to improve the flow of traffic at major chokepoints in the region.The conceptual maps below show chokepoints and where investments will be made to address them,with a magnified view of the South Corridor. Proposed Transit Investments The projects are described on the following page. Light Rail Extension: From Sea-Tac Airport through Des Moines and Federal Way , - PP" The new projects proposed in this package would leverage existing projects currently being built by Sound Transit and the State to the Tacoma Dome. Connects Pierce County to the regional light rail system. I�'I� of Washington. See www.soundtransit.org/st2 and www.rtid.org for more information. \ - i � !: Burien Express Bus Parking Garage: Builds more parking to provide easier con- ,� i�I.1,141 _-1 1 (I i I if i nections with regional and local buses, such as Sound Transit Route 560, and to I IIP . I�` The South Corridor support local development. H , •' ' "; . i -'I •• t-VII ..,-,1 ■ j 405 Tukwila Permanent Sounder Station: Builds permanent station facilities, a bus r�i . ' The Regional Plan r t loading area, and a new parking area with up to 400 stalls, making it easier to con- r ..a me=g ' Rainier O , , , ..03”.'''.Arlington • • Valley Q nect to Sounder commuter rail and buses. . •Marysville ■ Auburn Sounder Parking Garage: Builds new garage with up to 500 more stalls, ►. Lake k ■ Renton II making it easier to connect to buses and Sounder commuter rail. Ever00 Iett a Fs,e�Ens Mukilteo Burie + Sumner Parking Garage, Pedestrian Bridge: Builds new garage with up to 400 © • 18 E • O stalls and a pedestrian bridge, making it easier to connect to Pierce Transit and •• O Sounder commuter rail. Edmonds.; L nnw tt A. .,••••• O Bor U Tukwila • Puyallup Sounder Station Garage, Pedestrian Bridge: Builds new garage with up to 600 more stalls and a pedestrian bridge, Shoreline Woodinville ,. j II making it easier to connect to Pierce Transit and Sounder commuter rail. OeNonhgrte ®■ Kirkland 99 rsity of Redmond : ! • SeaTacNKent FrstHill Nill Bellevue n tFlrsMer ■7 Seattle Merze� ■ .5 Island ' ■ ■ 0 n Proposed Road Investments � tinier @ - Federal N • Way - 0 - 18 MAP KEY Bu:eb ,•,Renton Tacoma - - uburn 1-5 and SR 509: Completes the missing link between SR 509 and 1-5, providing °• Tukwila•� 0 II Transit ft -------IN _ a south access road to Sea-Tac Airport and connecting the Port of Seattle to the Sea'a" 09 Underway _� r Kent/Auburn manufacturing and distribution center.Adds general purpose lanes to ; JKent . N • 0 • -'I 1-5. Improves freight mobility, removes trucks from 1-5, and reduces Southcenter Hill Federal-• Area •• and 15 co y��� P congestion. yyaY ,8 MAP KEY .� ® Sumner ■■■ Proposed _ .• F-.�. _ g Tacoma hum - of ■ - Qi L • Transit detail , _ f aye• 1, .Underway • 1-405 and SR 167 Interchange: Builds direct HOV-to-HOV connection between SR • 1V sone ...Proposed ■ Roads b1,- - p- . 1. '•= _ - ,. Lakewood p Puyallu{S 6 , Roads Puyallupp _-- 167 and I-405 to eliminate weaving and address the most congested interchange cChcd Underway Lakewood • O 162 - io Underway in the state. Connects 1-405 HOV lanes and proposed SR 167 High Occupancy Toll •r.FB 6 •e•Proposed McChord (HOT)lanes. up Fort Lewis 0 Chokepoint ■■■ Proposed Orono _ all AFB. C 61) II SR 167 Green River Valley: Completes HOV/HOT lanes on Kent/Auburn section of SR 167.Adds new general purpose lanes in © 70 . Existing key locations to reduce congestion and increase safety. Fort Lewis ■I r major 1-5 and SR 18 Interchange(Federal Way Triangle): Reconstructs interchange by adding direct freeway to freeway connections Orting chokepoints between 1-5 and SR 18 and providing a more direction connection to the Enchanted Parkway(SR 161). Relieves back-ups and eliminates dangerous weaving to improve safety at one of the worst chokepoints in the state. 1-5 to Tacoma Mall: Builds direct southbound ramp from 1-5 to Tacoma Mall Blvd. near the Tacoma Mall to improve traffic flow on 1-5 and local city streets. i - SR 167 Puyallup to Tacoma: Provides new north-south alternative to I-5 by connecting SR 167 where it currently dead ends in I ®■.qua f �•QAN,IN (MAIM t Puyallup to SR 509 at the Port of Tacoma. Improves traffic and freight mobility, and accommodates port expansion and econom- y Sm. . - • 0 - is development. . ,..:_�^N ` I" ` -'"�`-■ = / '0"11'r _ -' SR 162:Adds capacity to Orting Highway(SR 162)between Sumner and Orting by replacing the SR 410 interchange,widening 10P.7,1�l 0 t f theroadway, andproviding from SR 410 to Puyallup River Also improves the Traffic Ave Bridge. �� P 9 t I ;4 roti a , sidewalksd e. Ai . r w / east-west - _ nr, SR 704 and I-5(Cross Base Highway): Provides critical link between 15 and SR 7 through Fort Lewis and McChord '\ �;�. . _ r---1 Air Force Base by building a new 6 mile multi-lane divided highway.Allows direct access to the Frederickson industrial area from ..-f.I _ i _ -, 1� _ I-5. Provides bicycle and pedestrian access across I-5 to American Lake Gardens and Parkland/Spanaway, and accommodates �..�.. future transit service. L_ -- iiii " , to 1 ' .,, .. ` Roads & Transit t b•' -1 .....,,,______ Arlington .. x ,: "v The RTID district includes ' the entire Sound Transit illiFir �t $t. ^ , r n r district and a portion of FTast/Central C Snohomish Count . .1{ including the cities of 1� - ' r �,- , Marysville,Arlington, verett J 1 4Ir 1 r 9057 K - I .77.:� tL------J��„ Lake Stevens,Snohomish ��i,r. ,,.;,,r•4. '• and Monroe and their -\ ,...,r oe _ surrounding urban areas. \\ IP"— illk Regional Plan Will Expand Transit, Ease Traffic Congestion Countdown to the November 2007 Election ..._ _. . February-March \\ 1,._ Residents of One Region, One Transportation Plan new Park and Ride slots. The projects • Public comment on draft Roads & Transit package \ . ��, east and central jointproposed for the east/central corridor, The Roads &Transit Plan is a effort P P - �- • ,a p =K., = King County are by Sound Transit and the Regional and the benefits they provide, are further April-May Seatt ''� :e evue .1e-._...-'7'�,- - — ' calling for solu- Transportation Investment District(RTID) described inside. • Sound Transit Board adopts final Sound Transit 2 Plan -\�- -4._..c.:.,,,.,,7,-:-.-;,-.,,,,, - tions to clogged Planning Committee to create the first - The; The Roads &Transit plan, developed • RTID Exec. Board adopts final Blueprint forPro Progress �� ,' "-� : ,1 highways and ever integrated set of highway, bridge p p 9 with input from thousands of citizens, \ aging bridges, and mass transit improvements for civic leaders, and • RTID Planning Committee adopts final Blueprint as well as a light rail connection across Snohomish, King and Pierce counties. ;r: Lake Washington.The Roads &Transit communities, and . June g The goal is to give people more ways years of engineer- ':, _ �� RTID district only package heeds this call. to avoid traffic, to make commutes • Sound Transit Board places final Sound Transit 2 Plan \ ing and design on ballot \\\\ Sound Transit and Traffic chokepoints and congestion on more reliable, and to reduce congestion. work, is our oppor- \\ \ RTID districts the Eastside and in the downtown Seattle tunity to do things • Countycouncils adopt Blueprint and ballot title T'`-` - -:-:4-4. ��\� This fact sheet summarizes the projects P p core make it tough to move people and differently, on a \\� -` goods through the region. Right now, in the region's east/central corridor, August \\ g g g scale that matches there is no east King County connection which tackle major traffic chokepoints the traffic problems • Ballot title(s) filed with county elections offices \� to the region's emerginglight-railsystem. and connect the busiest population and we face. November 6 job centers through road and transit Rush-hour backups on 1405 15 and • General election �� SR 520 as well as other regional roads investments. The plan would improve We are one region. Now we will are threateningour mobility, economic the 1-405 corridor with expanded lanes, have one transportation plan. \\ prosperity and quality of liferebuild the SR 520 bridge with six lanes p Note:Portions of Snohomish County outside the Sound Transit including two new HOV lanes, address Regional district would be subject to RTID taxes only. With more people moving to the region, 1-5 congestion at several Seattle inter- Transportation traffic problems will get much worse un- changes, provide light rail between Investment less we take action to improve the way Seattle, Bellevue and Overlake/Micro- District p/�A' we get around. soft across 1-90, and build thousands of Planning Committee a SOUNDrRAIVSIT RTID is charged with developing a transportation investment Sound Transit plans, builds and operates regional transit package that reduces congestion on roadways and bridges in systems and serves to improve mobility for people in the Snohomish, King and Pierce counties. For more information, Central Puget Sound region. For more information, visit: ► - '_'��"'� How Will the Roads & Transit Plan visit: www.rtid.org www.soundtransit.org F"� '� Benefit the East/Central Corridor? b-II oh'` i ` ' «'r�. -l. a� r. 11... _ --. • Expand light rail and transit, and improve highways O , Sound Transit Board David Enslow Aaron Reardon Dow Constantine,King County Bob Ferguson,King County • Summer City Council Snohomish County Executive �`-,! John W.Ladenburg,Chair Reagan Dunn,King County Barbara Gelman,Pierce County • Reduce congestion and address chokepoints Pierce County Executive Doug MacDonald.Secretary Ron Sims Tim Farrell,Pierce County Calvin Goings,Pierce County Connie Marshall,Vice Chair Washington State Department King County Executive • Move people andgoods more quicklyand reliably of Transportation Dave Gossett,Snohomish Larry Gossett,King Countyp p Light Rail Will Make Travel Times Predictable Bellevue City Council Claudia Thomas County Mark Olson,Vice Chair Richard Mann Mayor of Lakewood John Koster,Snohomish County • Edmonds Citycouncil GaryNelson.Snohomish Count'', Give travelers more options to get out of traffic Approximate travel times: Everett City Council Pete von Reichbauer ty Kathy Lambert,King County Julie Anderson Richard McIver King County Council Planning Committee: Terry Lee,Pierce County ■ Fix safety problems Overtake/Microsoft to Bellevue Transit Center. Tacoma City Council Seattle City Council Regional Transportation All Executive RTID Board Dick Muri,Pierce County 10 minutes Mary-Alyce Burleigh Greg Nickels Investment District members Larry Phillips,King County • Coordinate construction to keep people moving Kirkland City Council Mayor of Seattle Executive Board: Doug MacDonald,Secretary of Downtown Bellevue to UW: 30 minutes Pete von Reichbauer,King Julia Patterson Transportation,Non-voting Chair • Build on existing investments in transit and roads Fred Butler Shawn Bunney,Pierce County County King County Council Downtown Bellevue to downtown Seattle: 20 minutes Issaquah City Council Chair Roger Bush.Pierce County Kirke Sievers.Snohomish County • Improve freight mobility Dow Constantine Larry Phillips Julia Patterson,King County Jane Hague,King County King County Council King County Council Vice-Chair Dave Somers,Snohomish County Overtake to Sea-Tac Airport: 60 minutes 05-15-07 Roads & Transit Targets Major Chokepoints What is Proposed for the East/Central Corridor? The Roads &Transit investment plan is intended to improve the flow of traffic at major chokepoints in the region The conceptual Proposed Transit Investments maps below show chokepoints and where investments will be made to address them, with a magnified view of the east/central corridor. The projects are described on the following page. Light Rail: Extends light rail between Seattle, downtown Bellevue and Redmond's I Overlake area. Connects region's largest population and employment centers with 1`.. •The new projects proposed in this package would leverage existing projects currently being built by Sound Transit light rail: downtown Bellevue to downtown Seattle in 20 minutes, and Overlake/ } {• .;r;2 �` -- y and the State of Washington. See www.soundtransit.org/st2 and www.rtid.org for more information. ` PT Ir, Microsoft to Bellevue in 10 minutes. �pi. ..t` e-: ss . +e Future Light Rail to Downtown Redmond: Funds additional real estate acquisition, l" J �`"p,,40 - The East/Central Corridor design and engineering to extend light rail to Redmond in this phase, and possible • 7 r*- - construction iffunding and costsavings occur. _.y ,- BotIK Direct-Access Bus Ram I-5 to South Industrial Way: Provides a transit-only ram • '" The Regional Plan p Y p - ••••'Arlington Shoreline Woodinville at I-5 northbound and South Industrial Way which links directly to the 5th Avenue South ��- , jr busway that takes buses into downtown Seattle.This new connection will reduce the - , it e Marysville - delays that currently occur when buses weave across 1-5 to exit at South Spokane Street. Marysville . lake Stevens Everett 0 Northgate 405 First Hill Street Car in Seattle: Develops a streetcar service between one of the region's largest employment centers (First Hill) Muk"'e. Fr ,. Kirkland Redmond to the Capitol Hill light-rail station and downtown Seattle. • • ■University of Renton Express Bus North 8th Street Parking Garage:Adds to east King County's 1-405 Bus Rapid Transit network, providing Edmonds Wn^w•'•` ‘2' — ©^Washi •ton easier connections to transit. Bo I ■ Shoreline Woodinville O V ■ Overtake Bothell Transit Center and Parking Garage:Adds to 1-405 Bus Rapid Transit network with a transit center/Park and Ride near °r",I w ``e'/ 520 ■■■■ SR 527/Bothell Way Northeast and Northeast 185th Street in downtown Bothell. X99 ,•�Unrvers ty land Redmond 5 Was'��.n ■. oz, O,erla e . 1-90/Issaquah Future High Capacity Transit Planning Study: Begins work for future eastside transit possibilities. caprt°IIiI •I Area I Capitol Hill • First Hill • Bellevue — of Seattle: ° Mercer' —� detail • First Hill ■ Bellevue SR 520 Future High Capacity Transit Planning Study: Explores future cross lake transit possibilities to further expand access I i:tra to fast, reliable transit options. d Rainier Seattle Q • • , ■ e� Valley Runes 1•s Renton Mercer Proposed Road Investments •�' Island �� IT k I 1 ' °w'a • 1• SR 520 Bridge Replacement and HOV Lanes: Provides regional funds toward 5eTx�- e",• N ■■ 405• _ replacing the earthquake-and windstorm-vulnerable crossing with a new six-lane Federal= MAP KEY Rainier - bridge that increases capacity and adds HOV lanes, shoulders and bicycle lanes in Tacoma W y °% °bumB Transit • • O ` , " each direction. 6 • I —Underway Valley "- ° �J ,' Sumner ■Blw Proposed �.+1" e. - , 1-405 Corridor Improvements from Bellevue to Renton: Builds a new elevated a tlbi Roads .t Lakcwoo. G Pupae (1:1410 Underway braided ramp to separate traffic on southbound 1-405 between SR 520 and North- Khad ■•■Proposed - T— u AFB © ■ ,: � ,► east 8th Street in Bellevue and constructs new access to Northeast 10th Street 5 Fort " ®Chokepoint ' Renton n-z-- « �I: 's_fie' ( •:2,,r4•t°.. Constructs an additional northbound lane from I-90 to downtown Bellevue.Adds two or" Buries , new lanes in each direction between Renton and Bellevue. Constructs a new HOV 518 O ' • ' o _-.- ••_ ' % * .T�, direct access ramp at North 8th Street in Renton and adds bicycle and pedestrian 6- :. r paths near Coal Creek Parkway and the Wilburton tunnel. 1-405 and SR 167 Interchange: Provides direct HOV-to-HOV connection between SR 167 and 1-405 to reduce weaving and backups for both northbound and southbound traffic at the most congested interchange in the state. Connects 1-405 to SR 167 MAP KEY for future HOT(High Occupancy Toll) lanes. -5/Mercer Street: Widens Mercer Street to add three westbound lanes between 1-5 ramps and Dexter Avenue to help reduce Transit backups. Converts Mercer Street from a one-way to a two-way street with turning lanes. Improves connections for pedestrians It - Underway and bicycles. .. .�\ �" •■■■ Proposed p South Lander Street Overpass: Builds overpass above BNSF train tracks between 1st Avenue South and 4th Avenue South to ill �� - - t Roads increase traffic flow for trains, cars, trucks, bicycles and pedestrians. a ►I ii Underway South Spokane Street Viaduct: Increases capacity by widening viaduct structure, adding one lane between 1-5 and 1st Avenue ./ ' * ® South, building transit-only lanes and an off-ramp at 4th Avenue South.Adds shoulders and installs a permanent median barrier. ; _, •1: ■■■ Proposed 1iiAND �;4 - - e a`.`_ a • , - '�_ • .1 _ • Improves safety, freight mobility and traffic flow on the major east/west connection between I-5 and SR 99, Port of Seattle and a �c� `_- , -- • West Seattle. =' . _ • _ Chokepoint South Park Bridge: Replaces earthquake-vulnerable bridge that, without improvement, is slated to be closed in 2010. Improves freight mobility for Port of Seattle and manufacturing centers in south Seattle. ?,76OADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT NT4 MEMORANDUM DATE: May 21, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, 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: GENERAL INFORMATION • The public is invited to provide input on the City of Renton trails and bicycle master plan at an open house scheduled for Wednesday, May 30th, from 6:00 to 8:00 p.m. at the Highlands Neighborhood Center(800 Edmonds Avenue NE). Information will be presented on Renton's existing trails system and recognized bicycle routes, as well as the City's current policies and goals. In addition, participants will have the opportunity to discuss existing trails or bicycle usage patterns not currently recognized by the City, and to suggest additions or modifications to the City's current policies and goals. For further information, contact John Hasty at 425-430-7246. COMMUNITY SERVICES DEPARTMENT • The Renton Public Library is holding two public meetings this week seeking citizen input on the Library Master Plan. These moderated discussions are a great opportunity for residents to learn more about the services and resources offered by the library and to help shape the services that will meet the community's needs for years to come. Meetings will be held Wednesday, May 23rd, from 7:00 to 8:30 p.m. at the North Highlands Neighborhood Center (3000 NE 16th Street) and Thursday, May 24th, from 7:00 to 8:30 p.m. in the Council Chambers at Renton City Hall (1055 South Grady Way). For more information, contact Library Director Bette Anderson at 425-430-6820 or visit the City's website at rentonwa.gov. • The public is invited to join Mayor Keolker, the Renton City Council, and Duwamish Tribe Chairperson Cecile Hanson in honoring the Duwamish Tribe at the Duwamish Art Mural Dedication on Saturday, June 2nd, at the Henry Moses Aquatic Center from 11:00 a.m. until noon. A new etched stainless steel wall mural by Doug Keyes depicting ancient Duwamish tribal vignettes will be unveiled. Henry Moses, a Renton native, was an outstanding Renton High School athlete and the last hereditary Chief of the Duwamish tribe. The dedication of this art celebrates the historic contribution of the Duwamish to Renton and the modern diversity of its citizenry. CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: For Agenda of: May 21, 2007 Dept/Div/Board. AJLS/City Clerk Staff Contact Bonnie Walton, City Clerk, x6502 Agenda Status Consent Subject: Public Hearing.. Appeal of proposed assessment of NE 7th Pl. Sanitary Correspondence.. XX Sewer Latecomer Agreement by C. Green on behalf of Ordinance N. Randall; File: LA-06-002 Resolution Old Business Exhibits: New Business Appeal letter received 5/4/2007 Study Sessions Notification by City Clerk (4/16/2007) Information Assessment Roll, Map Recommended Action: Approvals: Legal Dept Refer to Hearing Examiner 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: Chapter 9-5 of Renton Municipal Code requires that all property owners within a proposed latecomer assessment area be notified of their proposed assessments. The property owners may appeal within 20 days of the mailing. The Vineyards Construction/NE 7th Place Sewer Latecomer was approved by the City Council on April 9, 2007. Letters were mailed to the five participants in the proposed assessment area on April 16, 2007. One appeal, accompanied by the required fee, was filed with the City Clerk on May 4, 2007, by Cynthia Green on behalf of Norma Randall, whose property is located at 733 Field Ave., Renton(parcel #5). Staff has since reviewed and verified that the appeal meets the required criteria. Action required: At this time, the council must determine whether to 1) hold the required appeal hearing, or 2) delegate the responsibility to the Hearing Examiner to hold the hearing, establish the record, and submit a recommendation to the City Council for a final determination. STAFF RECOMMENDATION: Decide the Vineyards Construction/NE 7th Latecomer Agreement appeal filed by C. Green on behalf of N. Randall, after receipt of the Hearing Examiner recommendation cc: Karen McFarland,Utility Systems Div.,x7209 Reference: RMC:Title IX,Chapter 5 Renton City Council April 30, 2007 c/o Bonnie Walton, City Clerk 1055 South Grady Way Renton, WA 98055 Dear Ms. Walton, = ` ` Please accept this letter as formal appeal regarding the proposed Private Developer Held Latecomer Agreement for property identification number 664950-0220 on behalf of Norma J. Randall. This notice was received by Norma Randall at her Naches WA. address and was forwarded to the undersigned, her daughter, requesting that an appeal be made on her behalf. Enclosed, please find the required $75.00 appeal fee. The basis for this appeal is relative to the identified benefit of the new sewer main located on NE 7th Place (S.E. 121st Street) and installed by Vineyards Construction LLC to Mrs. Randall's property at 733 Field Ave., Renton, identified as parcel #5. The vicinity map which accompanied the notice illustrates that the sewer main presently terminates in the center of NE 7th PI. near the northwest corner of Norma's property but does not in any way extend along any portion of her property frontage on NE 7th PI. In order for Norma to have access to the installed sewer main and therefore beneficial use, this main would have to be extended along her property frontage up to the corner of NE 7th Pl. and Field Ave. NE (140th Ave. SE). Installation of any sewer from Norma's property to the existing sewer main's present easterly termination point would not be ,, feasible. Further, there exists a significant and immediate variance in grade elevation between Norma's property along NE 7th Pl. and the street level. The variance between her property grade and the street level grade near the sewer main termination point, although not surveyed for purposes of this appeal, is estimated at a minimum of 15 feet. This grade variance would result in a difficult and costly side sewer installation. Conversely, the property elevation fronting Field Ave. is at or near the elevation of Field Ave, the obvious and preferred sewer connection location for this residence. The undersigned, on behalf of and with authority of Norma Randall, contest benefit of the sewer main presently installed along NE 7th Place and therefore the proposed assessment in the amount of $10,540.93 for the reasons stated above and request review and consideration from the City in this regards. Please provide both Norma Randall and the undersigned at the address listed below with any correspondence regarding this mater. Sincerely, Cynthia Green 5008 NE 2"d Street Renton, WA 98059 NOTICE OF POTENTIAL FINAL ASSESSMENT Vineyards Construction/NE 7th Place Sewer Latecomer LA-06-002; PRM27-0033 Private Developer Held Latecomer Agreement (Second Notice) Nisi? Mailed: April 16, 2007 RANDALL NORMA J 622 NILE RD NACHES WA 98937 Property Identification Number: 664950-0220 ASSESSMENT: $10,540.93 On March 21, 2006, Bonnie I. Walton, the City Clerk of Renton, Washington, in accordance with City Council approval and on behalf of Vineyards Construction LLC, as the owner/developer of certain facilities that were installed to serve its property, mailed you a notice of potential assessment. These facilities are covered by Latecomer Agreement LA-06-002/ PRM27-0033 and are eligible for cost recovery for the installation of 295 lineal feet of 8-inch sewer main, installation of 3 manholes,and all appurtenances. During January 2007, the facilities were completed and the final costs for the facilities were distributed among the benefiting properties. City Council approved the Final Assessment roll on April 9, 2007. Costs will become payable by the future user(s) upon issuance of a City permit authorizing the future user(s) to construct improvements that would allow the users property to derive direct benefit from these facilities. It is the intent of this notice to inform you that your property has been included in the latecomer recovery boundary and your potential final assessment is as described above. Please find a map of the Latecomer Boundary attached hereto. Per City Ordinance No. 4443 you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 South Grady Way, Renton, WA 98055, within twenty(20) days of this (second) mailing or by May 7, 2007. Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a$75.00 nonrefundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4443 Section 9-5-5.0 and D, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology and the issue of benefit to the properties to be assessed. These three (3) allowable items of appeal are further defined on the attached citizen hand-out. Appeal Fee and Appeal Process: A nonrefitndable appeal fee in the amount of$75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper grounds for protest according to City Ordinance, a public hearing will be held. You will be notified in advance of the public hearing so that you or your representative may attend. If no protests are received, the above quoted assessment will be recorded against your property. The assessment will not be collected until you subsequently tap onto or use the facilities covered by the latecomer agreement. Bonnie Walton, CMC, City Clerk ' EXHIBIT C CITY OF RENTON FINAL ASSESSMENT ROLL VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT ,,Nos Type: Wastewater Utility Improvements $51,479.00 I Property I Identification Name/Address of Owner Assessment Amount Parcel#1 GUTAMA SHANNON $10,540.93 12027 140TH AV SE RENTON WA 98059 KC Tax Parcel# 664950-0040 Legal Description: 4 PARK TERRACE DIV# I Parcel#2 RUDD SCOTT D $10,540.93 13872 SE 121ST ST RENTON WA 98059 KC Tax Parcel# 664950-0050 Legal Description: 5 PARK TERRACE DIV# I Parcel #3 HERNANDEZ EMILIO R $10,540.93 13863 SE 121ST ST RENTON WA 98059 KC Tax Parcel # 664950-0200 Legal Description: 20 PARK TERRACE DIV# I Parcel#4 ARNESON LLOYD A $10,540.93 13871 SE 121ST ST RENTON WA 98056 KC Tax Parcel# 664950-0210 Legal Description: 21 PARK TERRACE DIV# 1 Parcel#5 RANDALL NORMA J $10,540.93 622 NILE RD NACHES WA 98937 KC Tax Parcel # 664950-0220 Legal Description: 22 PARK TERRACE DIV# 1 Form Letters4/bh Page I of I s 4, LATECOMER AGREEMENT VICINITY MAP NE 7TH PLACE SANITARY SEWER EXTENSION Igill 1 i lit f I ESE I 3� e I 0 8 pL �y i sem. W V \� NE7T7YPLAtE --________-- 0#/#/ , ________ ////' *. I I I 3 p d 3 I , ", LEGEND EXISIINC SANITARY SEC? • EX/SIINC MANHOLES I PROPOSED NE 7TH PLACE SANITARY SEWER EXTENSION v N r,LATECOMER BOUNDRY L. BENEFITED PROPERTIES s DEVELOPERS PROPERTY ,,,d SCALE: 1" = 100' 50 I o DEVELOPERS PROPERTY BY OTHERS CITY OF RENTON COUNCIL AGENDA BILL AI#: C Submitting Data: For Agenda of: May 21,2007 Dept/DivBoard.. Community Services Staff Contact Sonja Mejlaender Agenda Status Consent X Subject: Public Hearing.. 1. Waiver of permit fees during 2007 Renton River Correspondence.. Days Ordinance 2. Waiver of parking fees at City Centre Parking Resolution 3. Banner installation on street poles Old Business Exhibits: New Business Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Renton River Days is celebrating its 22nd year July 24—July 29, 2007. 1. In the past, it has been the policy of the City to waive all permit fees for activities endorsed by the Renton River Days Board of Directors. Each Renton River Days' event and activity will still be subject to review and approval by the appropriate City departments, such as inspection of food booths and tents (Fire), and street closures and routes for the Parade and River Days Fun Run& Walk (PBPW/Transportation). 2. In 2004,2005, and 2006, the Council approved waiver of City Centre Parking fees during festival week. This is once again requested for 2007, for the weekend dates of July 27—29, 2007. 3. The Council's permission is sought to hang 100 River Days banners on City light poles from June 11 through July 29. Note: Use of City parks and trails was approved by Park Board at the February 7, 2007,meeting. STAFF RECOMMENDATION: Authorize the Administration to waive all fees and charges associated with the 2007 Renton River Days Community Festival and to install festival street pole banners for the event. Rentonnet/agnbilU bh CITY OF RENTON COUNCIL AGENDA BILL ( AI#: Submitting Data: For Agenda of: May 21, 2007 Le Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing. Lease Agreement with King County of Washington, Correspondence. operating as Washington State University, King Ordinance County for space on the first floor of the 200 Mill Resolution Building. Old Business Exhibits: New Business Issue Paper Study Sessions Lease Information Recommended Action: Approvals: Council concur Legal Dept x.... Finance Dept.x... Other Fiscal Impact: Expenditure Required... $73,319.90 Transfer/Amendment Amount Budgeted Revenue Generated $754,899.12 over the five-year lease term. 11111110, Total Project Budget City Share Total Project SUMMARY OF ACTION: The first and fifth floors of the 200 Mill Building were vacated earlier this year by Vykor, Inc. Washington State University, King County has forwarded a signed lease for the first floor. The business terms of the proposed Lease have been favorably reviewed by our real estate team and by City staff. Business terms also include a brokerage fee of 7.5% to the procuring broker, but the brokerage fee will be paid out on an annual basis. The five-year brokerage fee and the tenant improvement allowance of$20,000.00 will be taken from a line item in Fund 108 intended for this use. STAFF RECOMMENDATION: Approve the Lease with King County of Washington, operating as Washington State University, King County, for space on the first floor of the 200 Mill Building and authorize the Mayor and City Clerk to sign the Lease. — COMMUNITY SERVICES DEPARTMENT cs SIT re. MEMORANDUM DATE: May 11, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: -,d, ._. Kathy Keolker, MaKor FROM: Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. #6605 SUBJECT: Lease with King County of Washington, operating as Washington State University, King County Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease with King County of Washington, operating as Washington State University, King County (WSUKC), for space on the first floor of the 200 Mill Building? Recommendation: "' Council authorize the Mayor and City Clerk to sign the Lease. Background: • A 200 Mill Building tenant, Vykor, Inc., vacated the first and fifth floors late in 2006. Most of the fifth floor was leased to other tenants in February of this year. • King County Elections recently leased a new property in Renton with option to purchase. WSUKC occupies space in that building and needs to be relocated quickly. • The broker for that transaction works for GVA Kidder Matthews, the City's leased space property manager. He discussed the use of the vacant space at the 200 Mill Building with our account manager. It was the most suitable property that was readily available, and includes systems furniture. • WSUKC may relocate to another building after a short period and the City's Economic Development staff is working with other City property owners to keep WSUKC here. • The City also needs to maintain maximum space flexibility in case space at the 200 Mill Building is needed for City offices. The business points of the proposed lease were developed with these conditions in mind. The amended lease include the following business points: o The Lease is a five-year contract; however, it includes a provision for early termination as soon as the 12th month by either the landlord or the tenant. City of Renton Memorandum Lease with King County May 11,2007 Page 2 of 2 o There is a six-month notification requirement. o The lease rate for the 8,677 square feet starts at $17.00 for the first two years, $17.50 for years three and four, and $18.00 per foot for the final year of the contract. o This rate exceeds the $14.00 rate that Vykor was paying, but the rate is weighted to recoup tenant improvement costs fairly early in the lease. If the lease were terminated after 12 months, the City would net $116,446, about $13.42 per foot. If the lease terminated after 18 months, the City would net $184,668; after 24 months, $252,892. o Tenant improvement costs will be $20,000.00. Much of this is for cabling upgrades that would also benefit the City if the space is used for City purposes. o Should the lease extend to five years, the total brokerage fee would be $55,316. However, it will be paid on an annual basis at the rate of $11,063. Brokerage fees and tenant improvements can be paid from Fund 106. o In exchange for permission to install a City-approved sign on the exterior façade of the building the tenant will pay an additional $100 per month. o If WSUKC loses their funding for a subsequent year and notifies the City immediately the lease will terminate at the end of the calendar year. o The City will allow the installation of a small satellite dish on the roof. o If the space is not scheduled for City purposes, the City will allow the use of the former Council Chambers up to six times per year and WSUKC will be responsible for cleaning the space. o There is an option to purchase the systems furniture, pro-rated depending on departure date. o WSUKC would also have a right of first refusal to other space in the 200 Mill Building that the City makes available for lease. Conclusion: The flexible terms of this lease serve both the tenant and the City's potential needs and the lease provides continuing revenue to the City. cc: Jay Covington,Chief Administrative Officer Michael Bailey,Finance&IS Administrator Larry Warren,City Attorney "'god 1-I:\Peter Renner\Peter Renner 2007\InfoPaperWSUX.doc 5/14/2007 2:15:51 PM ` l Formatted:Height: 11" GVA KIDDER MATHEWS 601 UNION STREET OFFICE LEASE-GROSS SUITE 4720 SEATTLE,WA 98101 200 MILL AVENUE BUILDING TEL 398-2271 FAX 398-2290 This Lease is made this 4`h day of April, 2007 by and between The City of Renton,Washington,a Washington municipal corporation ("Landlord"), and King County of Washington, operating as Washington State University,King County ("Tenant"),who agree as follows: 1. Fundamental Terms.As used in this Lease, the following capitalized terms shall have the following meanings: (a) "Land"means the land on which the Building is located,situated in the City of Renton,County of King,State of Washington,which is described on Exhibit A. (b) "Building"means the building in which the Premises are located,commonly known as the 200 Mill Avenue Building, the street address of which is 200 Mill Avenue South, Renton, Washington 98055- 3232. (c) "Premises"means that certain space crosshatched on Exhibit B, located on the First floor of the Building and designated as Suite 100. (d) "Agreed Areas" means the agreed amount of rentable square feet of space in the Building and the Premises. Landlord and Tenant stipulate and agree for all purposes under this Lease that the Building contains approximately 49,480 rentable square feet of space (the "Building Area") and that the Premises contain approximately 8,677 rentable square feet of space in Suite 100 on the first floor. The total area under lease will be 8,677 rentable square feet,(the"Premises Area").The parties agree that the Premises will be remeasured by Landlord's architect to accurately determine the number of rentable square feet of space in the Premises,which determination shall be made in accordance with the Building Owners and Managers Association International ("BOMA")standards, namely the "Standard Method for Measuring Floor Area in Office Buildings—American National Standard,"ANSI Z65.1-1996.Promptly after Landlord's architect makes such determination, this Lease shall be amended to accurately reflect the number of rentable square feet of space in the Building and the Premises as so determined. In addition, ; , the Minimum Monthly Rent, and Tenant's Share, shall be proportionately adjusted based on the actual number of rentable square feet of space in the Premises as so determined. Landlord and Tenant further agree that the Building Area may exclude portions of the Building which are used for other than office purposes,such as areas used for retail purposes. (e) "Tenant's Share" means the Premises Area divided by the Building Area, expressed as a percentage, which is seventeen point five-four percent(17.54%). Notwithstanding the foregoing, if one or more of the facilities,services and utilities the costs of which are included within the definition of Operating Costs is not furnished to one or more spaces or to particular types of spaces, then in connection with the calculation of Tenant's Share of each of such costs the Building Area shall be reduced by the number of rentable square feet contained in such space and Tenant's Share shall be separately computed as to each of such costs. If the Building shall contain non-office uses during any period, Landlord shall have the right to determine,in accordance with sound accounting and management principles,Tenant's Share of Real Property Taxes and Operating Costs for only the office portion of the Building;in such event,Tenant's Share shall be based on the ratio of the rentable area of the Premises to the rentable area of such office portion for such period. If a portion of the Building is damaged or condemned, or any other event occurs which alters the number of rentable square feet of space in the Premises or the Building,then Landlord shall adjust Tenant's Share to equal the number of rentable square feet of space then existing in the Premises(as altered by such event)divided by the number of rentable square feet of space then existing in the Building(as altered by such event). (f) "Commencement Date" means June 1, 2007, or such earlier or later date as provided in Section 4 hereof. Tenant shall have access to the Premises for furniture,telecommunications wiring,and equipment assembly for a period of up to 30 days prior to lease commencement at no cost to Tenant. (g) "Expiration Date"means May 31,2012. (h) "Term" means the period of time commencing on the Commencement Date and ending on the Expiration Date,unless sooner terminated pursuant to this Lease. (i) "Minimum Monthly Rent"means the following amounts as to the following periods during the Term of this Lease: Period Monthly Amount June 1,2007 to May 31,2009 $12,292.42 per month June 1,2009 to May 31,2011 $12,653.96 per month June 1,2009 to May 31,2012 $13,015.50 per month (j) "Permitted Use" means use for purposes of general business offices for marketing and administration services. (k) "Base Year"means the calendar year 2007. (I) "Prepaid Rent" means Twelve Thousand Two Hundred Ninety-two and 42/100 Dollars ($12,292.42). (m) "Security Deposit"means Zero Dollars($0.00). (n) "Landlord's Address for Notice" means 200 Mill Avenue Building, do GVA Kidder Mathews, 601 Union Street,Suite 4720,Seattle,WA 98101. (o) "Landlord's Address for Payment of Rent" means 200 Mill Avenue Building, c/o GVA Kidder Mathews,P.O.Box 34860,Seattle,WA 98124-1860. (p) "Tenant's Address for Notice" means King County of Washington, operating as Washington State University,King County,200 Mill Avenue Building,Suite 100,Renton,WA 98055-3232,with a copy to Mr. Bob Thompson, 500 4"'Avenue, Room 500, Seattle, WA 98104 on and after the Commencement Date. (q) "Landlord's Agent"means GVA Kidder Mathews or such other agent as Landlord may appoint from time to time. (r) "Broker(s)"means GVA Kidder Mathews representing the Landlord and Tenant. (s) "Exhibits"means the following Exhibits to this Lease: Exhibit A-Legal Description of the Property Exhibit B-Outline Drawing of the Premises Exhibit C-Work Letter Exhibit D-Rules and Regulations Exhibit E—Insurance Letter (t) "Rider" means the following Rider which is attached hereto: Rider to Lease dated April 4, 2007. (u) "Definitions"means the words and phrases defined in Section 41 captioned"Definitions". 2 2. Consent and Notices. Whenever the consent of either Landlord or Tenant is required under this Lease, such consent shall not be effective unless given in writing and shall not be unreasonably withheld or delayed, provided, however, that such consent may be conditioned as provided in this Lease. All .fila' notices or requests required or permitted under this Lease shall be in writing as provided in Section 42(g). 3. Premises and Appurtenances. Landlord leases to Tenant and Tenant leases from Landlord the Premises for the Term. Tenant,and its authorized representatives,shall have the right to use, in common with others and subject to the Rules and Regulations, the Common Areas of the Building. Landlord shall have the right, in Landlord's sole discretion,from time to time to(i) make changes to the Building interior and exterior and Common Areas,including without limitation,changes in the location,size,shape,number and appearance thereof, (ii)to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available, and (iii)to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building.All of the windows and exterior walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall have rights of access through the Premises for the purpose of operating, maintaining and repairing the same,provided,however,that such changes shall not materially affect Tenant's access to,or use and occupancy of,the Premises. 4. Term. (a) Commencement Date. The Term shall commence on the Commencement Date and expire on the Expiration Date,unless sooner terminated pursuant to this Lease.The Commencement Date shall be: (i) The date specified in Section 1, unless notice is delivered pursuant to Subsection 4(a)(ii),in which case the Commencement Date shall be such later date,or Tenant occupies the Premises earlier pursuant to Subsection 4(a)(iii),in which case the Commencement Date shall be such earlier date; (ii) Such later date on which the Tenant Improvements to be made to the Premises by Landlord, if any, are substantially complete, provided, however, that Landlord shall give notice of substantial completion to Tenant at least five(5)days before such date. (iii) If Tenant shall occupy the Premises for the Permitted Use prior to the Commencement Date specified in Section 1 or the date specified in the notice provided for pursuant to Subsection 4(a)(ii), then the date of such early occupancy. NIow (b) Tenant Obligations. If the Tenant Improvements, if any, are not substantially completed on the Commencement Date specified in Section 1 primarily due to Tenant's failure to promptly review and approve the plans and specifications for the Tenant Improvements or change orders with respect to the Tenant Improvements or to Tenant's failure to fulfill any other obligation under this Lease, then the Term shall be deemed to have commenced on the Commencement Date specified in Section 1. (c) Tenant Termination Rights. If Landlord is unable to deliver possession of the Premises with the Tenant Improvements, if any, substantially completed to Tenant on the Commencement Date as a result of causes beyond its reasonable control, Landlord shall not be liable for any damage caused by failing to deliver possession and this Lease shall not be void or voidable. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. No delay in delivery of possession of the Premises to Tenant shall change the Expiration Date or operate to extend the Term. If Landlord does not deliver possession of the Premises to Tenant within six(6)months of the Commencement Date, then Tenant may elect to terminate this Lease by giving notice to Landlord within ten (10)days following the end of such six(6)month period. (d) Confirmation of Commencement Date. When the Commencement Date as provided in Subsection 4(a)(ii) or Subsection 4(a)(iii) has been established as an earlier or later date than the Commencement Date specified in Section 1, Landlord shall confirm the Commencement Date by notice to Tenant. 3 5. Minimum Monthly Rent;Late Charge. (a) Minimum Monthly Rent. Tenant shall pay to Landlord the Minimum Monthly Rent without deduction, offset, prior notice or demand, in advance on the first day of each month during the Term. Minimum Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Minimum Nird Monthly Rent per day. Minimum Monthly Rent is exclusive of any sales,franchise,business or occupation or other tax based on rents (other than Landlord's general income taxes) and should such taxes apply during the Term,the Minimum Monthly Rent shall be increased by the amount of such taxes.All Rent shall be paid to Landlord at Landlord's Address for Payment of Rent or at such other address as Landlord may specify by notice to Tenant. (b) Late Charge. Tenant acknowledges that the late payment by Tenant of any Rent will cause Landlord to incur administrative, collection, processing and accounting costs and expenses not contemplated under this Lease, the exact amount of which are extremely difficult or impracticable to fix. Therefore, if any Rent is not received by Landlord from Tenant by the fifth (5th)calendar day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent or Seventy-five and No/100th Dollars ($75.00),whichever is greater. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss caused by Tenant's nonpayment. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of 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. 6. Prepaid Rent and Security Deposit. As partial consideration for Landlord's execution of this Lease, on execution of this Lease, Tenant shall deposit with Landlord the Prepaid Rent, as monthly rent for the first full month of the Term for which Rent is payable, and the Security Deposit, as a Security Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, Landlord may use the Security Deposit, or any portion of it, to cure the default, including without limitation, paying for the cost of any work necessary to restore the Premises,the Tenant improvements and any alterations to good condition or to compensate Landlord for all damage sustained by Landlord resulting from Tenant's default. Tenant shall within five (5) days of demand pay to Landlord a sum equal to the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Landlord. If Tenant is not in default as of the expiration or termination of the Term,including without limitation,in default in payment of the Rent for the last month of the Term, then Landlord shall return the Security Deposit, without interest, to Tenant within a reasonable period of time not to exceed thirty(30)days after the expiration or termination of the Term, provided, however, that Landlord may retain a portion of the Security Deposit for payment of increases in Real Property Taxes and Operating Costs the exact amount of which has not been determined as of the expiration or termination of the Term.Landlord's obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may commingle the Security Deposit with Landlord's general and other funds. 7. Real Property Taxes. (a) Payment of Tenant's Share of Increases in Real Property Taxes. Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one-twelfth(1/12th)of Tenant's Share of all increases in Real Property Taxes that are or will be levied or assessed against the Property during each calendar year during the Term over and above the Real Property Taxes that are levied or assessed against the Property during the Base Year as reasonably estimated by Landlord. Such Additional Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents and should such taxes apply during the Term,such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty(120)days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Real Property Taxes for the preceding calendar year and Tenant's Share of the increase in Real Property Taxes.If Tenant's Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty(30)days after receipt of the statement. If Tenant's payments made during that calendar year exceed Tenant's 4 Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be entitled to offset the excess against the next installment(s)of Minimum Monthly Rent and Additional Rent, provided, however, that at the end of Nom" the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant. (b) General and Special Assessments. With respect to any general or special assessments which may be levied against or upon the Property,or which under the laws then in force may be evidenced by improvement or other bonds or may be paid in annual installments, only the amount of such annual installment,and interest due thereon,shall be included in the computation of Real Property Taxes. (c) Proration.Tenant's Share of Real Property Taxes shall be prorated on the basis of a 360-day year to account for any fractional portion of a tax year included in the Term at its commencement and expiration. (d) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. (e) Leasehold Excise Tax. Notwithstanding anything to the contrary contained in this Section 7, Landlord and Tenant agree that Landlord is a municipal corporation under the State of Washington,and, as such, pays leasehold excise taxes based on rent in lieu of Real Property Taxes. For purposes of establishing a Base Year for taxes based on rent, Landlord and Tenant shall agree upon a tax assessment based on the valuation of the Property for the Base Year,and Tenant shall pay to Landlord as Additional Rent, monthly, in advance on the first day of each month during the Term,an amount equal to one-twelfth (1/12th) of Tenant's Share of all increases in the valuation of the Property over the agreed upon Base Year valuation that are or will be levied or assessed against the Property for each calendar year during the Term. 8. Personal Property Taxes. Tenant shall pay prior to delinquency all personal property taxes assessed against and levied upon trade fixtures,furnishings,equipment and all other personal property of Tenant contained in the Premises or elsewhere. If possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property of Tenant to be assessed and billed separately from the Property. 9. Operating Costs. (a) Payment of Tenant's Share of Increases in Operating Costs.Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term,an amount equal to one-twelfth (1/12th)of Tenant's Share of the increase in the Operating Costs of the Property for each calendar year during the Term over the Operating Costs for the Base Year as reasonably estimated by Landlord. Landlord may,in accordance with sound accounting and management principles,both reasonably estimate, and finally determine, the Operating Costs for the Base Year and for each calendar year during the Term based on the Operating Costs that would have been incurred if the Building had been 95% occupied during the Base Year or each such calendar year, as the case may be, taking into account historical operating costs for the Building. Landlord may, in accordance with sound accounting and management principles, make any other appropriate changes to reflect adjustments to Operating Costs for prior years or for the then current calendar year.Such Additional Rent is exdusive of any sales,franchise, business or occupation or other tax based on rents and should such taxes apply during the Term, such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty(120)days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Operating Costs for the preceding calendar year and Tenant's Share of the increase in the Operating Costs. If Tenant's Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty (30) days after receipt of the statement. If Tenant's payments made during that calendar year exceed Tenant's Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be entitled to offset the excess against 5 the next installment(s)of Minimum Monthly Rent and Additional Rent, provided, however,that at the end of the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant. (b) Proration. Tenant's Share of Operating Costs shall be prorated on the basis of a 360-day year to account for any fractional portion of a year included in the Term at its commencement and expiration. (c) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. 10. Use. Tenant shall use the Premises for the Permitted Use and for no other use without Landlord's prior consent. Tenant agrees that it has determined to its satisfaction that the Premises can be used for the Permitted Use.Tenant waives any right to terminate this Lease if the Premises cannot be used for the Permitted Use during the Term unless the prohibition on use is the result of actions taken by Landlord. Tenant's use of the Premises shall be in accordance with the following: (a) Insurance. Tenant shall not do, bring, or keep anything in or about the Premises or the Property that will cause a cancellation of any insurance covering the Property. If the rate of any insurance carried by Landlord on the Property as published by the Washington Survey and Rating Bureau, or any successor rating bureau or agency, is increased as a result of Tenant's use, then Tenant shall pay to Landlord not less than ten (10) days before the date Landlord is obligated to pay a premium on the insurance,a sum equal to the difference between the original premium and the increased premium. (b) Compliance with Laws. Tenant shall comply with all laws concerning the Premises and Tenant's use of the Premises. (c) Waste, Nuisance and Improper Use.Tenant shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Building, including without limitation, (i) the use of loudspeakers or sound or light apparatus that can be heard or seen outside the Premises,(ii)for cooking or other activities that cause odors that can be detected outside the Premises,or(iii)for lodging or sleeping rooms. (d) Damage to Property. Tenant shall not do anything in, on or about the Premises that will cause damage to the Property,excluding normal wear and tear associated with normal office use. (e) Rules and Regulations. Tenant and its authorized representatives shall comply with the Rules and Regulations set forth on Exhibit D attached hereto. Landlord shall have the right to reasonably Nod amend the Rules and Regulations from time to time. In the event of a conflict between this Lease and the Rules and Regulations,as amended,this Lease shall control.Landlord shall have the right to enforce the Rules and Regulations. Landlord shall have no liability or responsibility whatsoever with respect to the noncompliance by other tenants or their authorized representatives with any of such Rules and Regulations. 11. Hazardous Substances. Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant.Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any Hazardous Substances, except for products normally used in general business offices which constitute Hazardous Substances, provided that such products are used,stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use,collection,treatment,disposal,storage,control,removal or cleanup of Hazardous Substances, on or under the Premises or the Property, or incorporated in any tenant improvements or alterations,at Tenant's expense. (a) Compliance; Notification.After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its 6 `111101 interest in the Premises and the Property, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises, or the Property, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such yam, 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 on the Premises or the Property. (b) Indemnity by Tenant.Tenant agrees to hold Landlord harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses, which may be imposed on, incurred or paid by, or asserted against Landlord, the Premises or the Property by reason of, or in connection with the acts or omissions of Tenant, its authorized representatives,or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous Substances on the Premises or the Property. (c) Indemnity by Landlord. Landlord agrees to hold Tenant harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses,which may be imposed on, incurred or paid by, or asserted against Tenant, the Premises or the Property by reason of, or in connection with the acts or omissions of Landlord, or its employees, resulting in the release of any Hazardous Substances on the Premises or the Property. (d) Acknowledgment as to Hazardous Substances. Tenant acknowledges that the Premises may contain Hazardous Substances, and Tenant accepts the Premises and the Building notwithstanding such Hazardous Substances. If Landlord is required by any law to take any action to remove or abate any Hazardous Substances, or if Landlord deems it necessary to conduct special maintenance or testing procedures with regard to any Hazardous Substances,or to remove or abate any Hazardous Substances, Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems appropriate under the circumstances,and Tenant shall permit the same. Should Landlord's removal and abatement activities interfere with Tenant's intended use of the premises, Tenant shall have the option to elect between (a)abatement of rent in a proportion to the percentage of the premises that are affected by the removal or abatement activities calculated on a monthly basis,or(b)termination of this Lease. (e) Survival. The provisions of this Section shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. sir+ 12. Landlord's Maintenance;Inclusion in Operating Costs. (a) Landlord's Maintenance. Except as provided in Section 13 captioned "Tenant's Maintenance; Remedies", Section 23 captioned "Destruction"and Section 24 captioned "Condemnation" and except for damage caused by any negligent or intentional act or omission of Tenant or its authorized representatives, Landlord shall maintain in good condition and repair the following: (i)the structural parts of the Building, which structural parts include only the foundations, bearing and exterior walls, exterior glass,glass entrance doors(excluding interior glass and interior glass doors),subflooring and roof,(ii)the building standard lighting fixtures, window coverings and ceiling tiles and the unexposed electrical, plumbing and sewage systems, including without limitation, those portions lying outside the Premises, (iii) the heating, ventilating and air-conditioning system, if any, servicing the Building, (iv) the lobbies, corridors, elevators, public or common restrooms and other common areas of the Building, and (v)the sidewalks, grounds, landscaping, parking and loading areas, if any, and other common areas of the Property. (b) Inclusion in Operating Costs. The cost of maintaining, repairing, replacing or servicing the portions of the Building that Landlord is required to maintain pursuant to this Section shall be included in Operating Costs to the extent provided in Section 9 captioned"Operating Costs". 7 • 13. Tenant's Maintenance; Remedies. (a) Tenant's Maintenance. Except as provided in Section 12 captioned "Landlord's Maintenance;Inclusion in Operating Costs",Section 23 captioned "Destruction"and Section 24 captioned "Condemnation"and except for damage caused by any grossly negligent or intentional act or omission of Landlord or its authorized representatives, Tenant,at its cost,shall maintain in good condition and repair the Premises, including without limitation, all of the Tenant Improvements, Tenant's alterations, Tenant's trade fixtures, Tenant's personal property, signs, walls, interior partitions, wall coverings, windows, non- building standard window coverings, glass within the Premises, doors, carpeting and resilient flooring, non-building standard ceiling tiles, plumbing fixtures and non-building standard lighting fixtures. Tenant shall be liable for any damage to the Premises and the Building resulting from the acts or omissions of Tenant or its authorized representatives. (b) Landlord's Remedies. If Tenant fails to maintain the Premises in good condition and repair as required by Subsection 13(a)and if such failure is not cured within thirty(30)days after notice of such failure is given by Landlord to Tenant, then Landlord may, at its option, cause the Premises to be maintained in good condition and repair and Tenant shall promptly reimburse Landlord for all reasonable costs incurred by Landlord in performance of Tenant's obligation to maintain the Premises. 14. Tenant Improvements;Alterations and Trade Fixtures. (a) Tenant Improvements. Tenant accepts the Premises in their"AS IS" condition without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations,repairs or improvements or to provide any allowances unless otherwise expressly provided in this Lease or in the Work Letter attached hereto as Exhibit C. Tenant shall not make any improvements or alterations to the Premises without Landlord's prior consent. (b) Alterations.Any improvements and alterations made by either party shall remain on and be surrendered with the Premises on expiration or termination of the Term,except that Landlord can elect by giving notice to Tenant within thirty(30)days before the expiration of the Term,or within thirty(30)days after termination of the Term, to require Tenant to remove any improvements and alterations that Tenant has made to the Premises. If Landlord so elects, Tenant, at its cost, shall restore the Premises to the condition designated by Landlord in its election,before the last day of the Term,or within thirty(30)days after notice of election is given, whichever is later. Any improvements and alterations that remain on the Premises on expiration or termination of the Term shall automatically become the property of Landlord and title to such improvements and alterations shall automatically pass to Landlord at such time without any payment therefor by Landlord to Tenant. If Tenant or its authorized representatives make any improvements or alterations to the Premises as provided in this Section, then such improvements and "441111 alterations (i) shall be made in a first class manner in conformity with then building standard improvements, (ii) shall be made utilizing then building standard materials, (iii) shall be made in compliance with the Rules and Regulations and the reasonable directions of Landlord, (iv)shall be made pursuant to a valid building permit to be obtained by Tenant, at its cost, and (v) shall be made in conformity with then applicable laws,including without limitation,building codes. (c) Trade Fixtures. Tenant shall not install any trade fixtures in or on the Premises without Landlord's prior consent. 15. Mechanics' Liens. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work costing more than an amount equal to one(1)month's Minimum Monthly Rent,or the supply or furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall provide Landlord with a labor and material payment bond, a letter of credit or other security satisfactory to Landlord in an amount equal to one hundred percent(100%)of the aggregate price of all contracts therefor,with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release 8 bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises,whichever is Nirmire 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(but shall not be obligated to), 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 in accordance with Section 39 captioned "Interest on Unpaid Rent"from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 16. Utilities and Services. (a) Utilities and Services Furnished by Landlord.Landlord shall furnish the Premises with: (i) Electricity for lighting and power suitable for the use of the Premises for ordinary general office purposes; provided, however,that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of the wattage per square foot of Premises Area required for building standard amounts of lighting, or a connected load for all other power requirements in excess of four(4) watts per square foot of Premises Area as determined by Landlord, and the electricity so provided for lighting and power shall not exceed such limits, subject to any lower limits set by any governmental authority with respect thereto; (ii) Subject to the reasonable limitations of the existing building systems, heating, ventilating and air-conditioning, if the Building has an air-conditioning system, to maintain a temperature range in the Premises which is customary for similar office space in the Seattle,Washington area (but in compliance with any applicable governmental regulations with respect thereto). Tenant agrees to keep closed, when necessary, blinds, draperies and windows which must be closed to provide for the efficient operation of the heating and air conditioning systems, if any, and Tenant agrees to cooperate with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating,ventilating and air-conditioning system,if any. If Tenant requires heating, ventilating and air conditioning to the Premises other than during normal business hours from 7:30 A.M. to 6:00 P.M. daily, and 8:00 A.M.to 11:00 A.M on Saturdays, except Sundays and those legal holidays generally observed in the State of Washington, Landlord shall, upon Tenant's request made not *Noe less than 24 hours before the time Tenant requires the after hour service,and not later than Noon on the Friday before any Saturday or Sunday on which Tenant requires such service,and not later than Noon of the day before any holiday on which Tenant requires such service (except as otherwise provided in the Rules and Regulations), furnish such heating, ventilating and air conditioning. If Tenant receives such services, then Tenant shall pay, upon demand, an amount equal to Tenant's proportionate share of the actual direct cost to Landlord in providing the heating, ventilating and air conditioning outside of normal business hours which Landlord and Tenant agree will be$20.00 per hour at this time; (iii) Water for restroom and drinking purposes and access to restroom facilities; (iv) Elevator service for general office pedestrian usage if the Building is serviced by elevators; (v) Relamping of building-standard light fixtures; (vi) Washing of interior and exterior surfaces of exterior windows with reasonable frequency;and (vii) Janitorial service five(5)times per week,except holidays. (b) Payment for Excess Utilities and Services. All services and utilities for the Premises not required to be furnished by Landlord pursuant to Section 16(a) shall be paid for by Tenant. If Tenant 9 N rrose requires, on a regular basis, water, heat, air conditioning, electric current, elevator or janitorial service in excess of that provided for in Section 16(a), then Tenant shall first obtain the consent of Landlord which consent may be withheld in Landlord's sole discretion. If Landlord consents to such excess use, Landlord may install an electric current or water meter(including,without limitation,any additional wiring, conduit or panel required therefor) to measure the excess electric current or water consumed by Tenant or may cause the excess usage to be measured by other reasonable methods(e.g. by temporary"check"meters or by survey). Tenant shall pay to Landlord upon demand (i) the cost of any and all water, heat, air conditioning, electric current, janitorial, elevator or other services or utilities required to be furnished to Tenant in excess of the services and utilities required to be furnished by Landlord as provided in Section 16(a); (ii) the cost of installation, maintenance and repair of any meter installed in the Premises; (iii) the cost of all electricity and water consumed by Tenant in connection with any dedicated heating,ventilating and/or air conditioning, computer power and/or air conditioning, telecommunications or other special systems of Tenant, including any power usage other than through existing standard 110-volt AC outlets; and (iv) any reasonable cost incurred by Landlord in keeping account of or determining such excess utilities or services furnished to Tenant. Landlord's failure to bill Tenant for any such excess utilities or services shall not waive Landlord's right to bill Tenant for the excess at a later time. (c) Temperature Balance.Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, ventilating and air-conditioning systems in the Building to maintain temperatures that may be required for, or because of, any of Tenant's equipment other than normal office equipment, such as personal computers, laser printers, copiers, dictating machines and other small equipment normally used in business offices, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of(i) any lights, machines or equipment(including without limitation electronic data processing machines)used by Tenant in the Premises or the use of more than one personal computer per person, (ii) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (iii)an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Section 16(a),or(iv)any rearrangement of partitioning or other improvements,Landlord may install any equipment, or modify any existing equipment (including the standard air conditioning equipment) Landlord deems necessary to restore the temperature balance. The cost of any such equipment, including without limitation, the cost of design and installation thereof, and the cost of operating,metering,maintaining or repairing the same,shall be paid by Tenant to Landlord upon demand. Tenant shall not install or operate window-mounted heating or air-conditioning units. (d) Special Electrical or Water Connections; Electricity Use.Tenant will not,without the prior consent of Landlord, which Landlord in its sole discretion may refuse, connect or use any apparatus or device in the Premises (i) using current in excess of 110 volts or (ii) which will cause the amount of , electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount required for use of the Premises for ordinary general office purposes,as determined by Landlord, during normal business hours or (iii) which would cause Tenant's connected load to exceed any limits established in Section 16(a).Tenant shall not connect with electric current except through existing outlets in the Premises and shall not connect with water pipes except through existing plumbing fixtures in the Premises. In no event shall Tenant's use of electricity exceed the capacity of existing feeders to the Building or the risers or wiring installation, and Landlord may prohibit the use of any electrical equipment which in Landlord's opinion will overload such wiring or interfere with the use thereof by other tenants in the Building. If Landlord consents to the use of equipment requiring such changes, Tenant shall pay the cost of installing any additional risers,panels or other facilities that may be necessary to furnish energy to the Premises. Landlord will not permit additional coring of the floor of the Premises in order to install new electric outlets in the Premises unless Tenant furnishes Landlord with X-ray scans of the floor area where the Tenant wishes to place additional electrical outlets and Landlord,in its absolute discretion,is satisfied,on the basis of such X-ray scans and other information obtained by Landlord,that coring of the floor in order to install such additional outlets will not weaken the structure of the floor. (e) Landlord's Duties. Landlord shall not be in default under this Lease or liable for any damages resulting from,or incidental to,any of the following,nor shall any of the following be an actual or constructive eviction of Tenant, nor shall the Rent be abated by reason of: (i)failure to furnish or delay in 10 °x000 furnishing any of the services described in this Section when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord, including the making of necessary repairs or improvements to the Premises or to the Building,(ii)any electrical surges or spikes,or(iii)failure to make any repair or to perform any maintenance, unless such failure shall persist for an unreasonable time after Yv�r notice of the need for such repair or maintenance is given to Landlord by Tenant. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of such services. (f) Governmental Regulations. Any other provisions of this Section notwithstanding, if any governmental authority or utility supplier imposes any laws,controls,conditions,or other restrictions upon Landlord, Tenant, or the Building, relating to the use or conservation of energy or utilities, mandated changes in temperatures to be maintained in the Premises or the Building or the reduction of automobile or other emissions (collectively, the "Controls"), or in the event Landlord is required or elects to make alterations to the Building in order to comply with the Controls, Landlord may,in its sole discretion,comply and may require Tenant to comply with the Controls or make such alterations to the Building in order to comply with the Controls. Such compliance and the making of such alterations shall not constitute an actual or constructive eviction of Tenant, impose on Landlord any liability whatsoever,or entitle Tenant to any abatement of Rent. 17. Indemnity. (a) Generally. Tenant shall defend, indemnify, and hold harmless Landlord, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person,or loss of damage to property,which arises out of Tenant's use of the Premises, or from the conduct of Tenant's business,or from any activity, work or thing done,permitted, or suffered by Tenant in or about the Premises,except only such injury or damage as shall have been occasioned by the negligence of Landlord. Landlord shall defend, indemnify, and hold harmless Tenant, its officers, officials, and employees from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or loss of damage to property, which arises out of any damage to any persons or property occurring in,on or about the Premises or the Property resulting from the acts or omissions of Landlord or its authorized representatives, excluding any injury, death, loss or damage which arises as a result of Tenant's negligence. (b) Provisions Specifically Negotiated. LANDLORD AND TENANT ACKNOWLEDGE BY THEIR EXECUTION OF THIS LEASE THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS LEASE (SPECIFICALLY INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WORKER'S COMPENSATION BENEFITS AND LAWS)WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY LANDLORD AND TENANT. 18. Exemption of Landlord from Liability. Landlord and Landlord's Agent shall not be liable for injury to 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 fire,steam,electricity,gas,water or rain,which may leak or flow from or into any part of the Premises, or from the breakage, leakage,obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury resulting from conditions arising upon the Premises or upon other portions of the Building or the Property unless such injury or damage is caused by the negligence or misconduct of Landlord or its authorized representatives. 19. Commercial General Liability and Property Damage Insurance. Tenant, at its cost, shall maintain commercial general liability insurance(including contractual liability)with liability limits of not less than $2,000,000 per occurrence, and $3,000,000 annual aggregate if the Premises contain less than 5,000 rentable square feet of space or $5,000,000 annual aggregate if the Premises contain 5,000 rentable square feet of space or more, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000. All such commercial general 11 ��r • liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 17 captioned "Indemnity". Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. 20. Tenant's Fire Insurance. Tenant, at its cost, shall maintain on all of Tenant's Alterations, Trade *II Fixtures and Personal Property in,on or about the Premises,a policy of standard All Risk fire insurance,in an amount equal to at least their full replacement cost.The proceeds of any such policy shall be used by Tenant for the restoration of Tenant's Alterations and Trade Fixtures and the replacement of its Personal Property.Any portion of such proceeds not used for such restoration shall belong to Tenant. King County,a charter county government under the constitution of the State of Washington, hereinafter referred to as"Tenant',maintains a fully funded Self-Insurance program as defined in King County Code 4.12 for the protection and handling of the County's liabilities including injuries to persons and damage to property. Landlord acknowledges,agrees and understands that the Tenant is self-funded for all of its liability exposures.The Tenant agrees,at its own expense,to maintain,through its self-funded program, coverage for all of its liability exposures for this Lease Agreement.The Tenant agrees to provide the Landlord with at least 30 days prior written notice of any material change in the County's self-funded program and will provide the Landlord with a certificate of self-insurance as adequate proof of coverage.Landlord further acknowledges,agrees and understands that the Tenant does not purchase Commercial General Liability insurance and is a self-insured governmental entity;therefore the Tenant does not have the ability to add the Landlord as an additional insured. Should the Tenant elect cease self-insuring its liability exposures and purchase Commercial General Liability insurance,Tenant agrees to add the Landlord as an additional insured and comply with section 19 Property Insurance As respects property damage,King County is protected from physical loss under the Tenant's blanket property insurance policy. The policy is an"ALL Risk"policy that provides the Tenant with protection for all property in the Tenant's care,custody or control,wherever located. 21. Waiver of Claims; Waiver of Subrogation Landlord and Tenant release each other, and their respective authorized representatives, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Building and to Tenant's alterations,trade fixtures and personal property that are caused by or result from fire,lightning or any other perils normally included in an"all risk"property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord and Tenant shall cause each property insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 22. Other Insurance Matters.All insurance required to be carried by Tenant under this Lease shall:(i) be issued by insurance companies authorized to do business in the State of Washington with a rating of ANI or better as rated in the most recent edition of Best's Insurance Reports; (ii)be issued as a primary policy, and (iii)contain an endorsement requiring thirty(30)days' prior written notice from the insurance company to both parties, to Landlord's Agent,and, if requested by Landlord, to Landlord's lender, before cancellation or change in the coverage,scope,or amount of any policy. Each policy or a certificate of the policy,together with evidence of payment of premiums,shall be deposited with Landlord on or before the Commencement Date, and on renewal of the policy not less than ten (10) days before expiration of the term of the policy. 12 Nagle 23. Destruction. (a) Insured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty that is covered by any insurance carried by Landlord covering the Building, "err rendering the Premises partially or totally inaccessible or unusable,Landlord shall restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, if(i) the insurance proceeds available to Landlord equal or exceed the cost of such restoration, (ii) in the opinion of a registered architect or engineer appointed by Landlord such restoration can be completed within one hundred eighty(180) days after the date on which Landlord obtains all permits necessary for such restoration, and (iii) such restoration is permitted under then existing laws to be done in such a manner as to return the Premises,or the Building,as the case may be,to substantially the same condition as they were in immediately before such destruction. To the extent that the insurance proceeds must be paid to a mortgagee under, or must be applied to reduce any debt secured by, a mortgage covering the Property,the insurance proceeds shall be deemed not to be available to Landlord unless such mortgagee permits Landlord to use the insurance proceeds for such restoration.Such destruction shall not terminate this Lease. (b) Major or Uninsured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty and Landlord is not obligated under Section 23(a) captioned "Insured Damage"to restore the Premises or the Building,as the case may be, then Landlord may, at its election, either (i) restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, or (ii) terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty (60) days after the date of such destruction of its election to restore the Premises or the Building, as the case may be, Landlord shall be deemed to have elected to terminate this Lease.If Landlord elects to restore the Premises or the Building, as the case may be, Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty(180)days after the date on which Landlord obtains all permits necessary for such restoration,provided,however,that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force Majeure,and such destruction shall not terminate this Lease. If Landlord does not complete such restoration within one(1)year following the date of such destruction, then Tenant may elect to terminate this Lease by giving notice to such effect to Landlord within ten (10) days following the end of such one(1)year period. (c) Damage to the Building. If during the Term the Building is partially destroyed by any casualty and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the Premises, then Landlord may, at Landlord's election, terminate this Lease by giving notice to Tenant of Landlord's election to do so within sixty(60)days after the date of such destruction. (d) Extent of Landlord's Obligation to Restore. If Landlord is required or elects to restore the Premises as provided in this Section, Landlord shall not be required to restore alterations made by Tenant, Tenant's trade fixtures and Tenant's personal property, such excluded items being the sole responsibility of Tenant to restore. (e) Abatement or Reduction of Rent. In case of damage to, or destruction of, the Premises or the Building the Minimum Monthly Rent shall be abated or reduced, between the date of destruction and the date of completion of restoration, by an amount that is in the same ratio to the Minimum Monthly Rent as the total number of square feet of the Premises that are so damaged or destroyed bears to the total number of square feet in the Premises. 24. Condemnation. If during the Term there is any taking of part or all of the Premises or the Building by condemnation,then the rights and obligations of the parties shall be as follows: (a) Minor Taking. If there is a taking of less than ten percent(10%)of the Premises,this Lease shall remain in full force and effect. (b) Major Taking. If there is a taking of ten percent (10%)or more of the Premises and if the remaining portion of the Premises is of such size or configuration that Tenant in Tenant's reasonable judgment is unable to conduct its business in the Premises, then the Term shall terminate as of the date of taking. 13 Name (c) Taking of Part of the Building. If there is a taking of a part of the Building other than the Premises and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the Premises, then Landlord may terminate the Term by giving notice to such effect to Tenant within sixty (60)days after the date of vesting of title in the condemnor and the Term shall terminate as of the date specified in such notice, which date shall not be less than sixty(60) days after the giving of such notice. (d) Award.The entire award for the Premises,the Building and the Property,shall belong to and be paid to Landlord, Tenant hereby assigning to Landlord Tenant's interest therein, if any, provided, however,that Tenant shall have the right to claim and recover from the condemnor compensation for the loss of any alterations made by Tenant, Tenant's trade fixtures, Tenant's personal property, moving expenses and business interruption. (e) Abatement of Rent. If any part of the Premises is taken by condemnation and this Lease remains in full force and effect, on the date of taking the Minimum Monthly Rent shall be reduced by an amount that is in the same ratio to the Minimum Monthly Rent as the total number of square feet in the Premises taken bears to the total number of square feet in the Premises immediately before the date of taking. 25. Assignment and Subletting. (a) Landlord's Consent; Definitions. Tenant acknowledges that the Building is a multi-tenant office building, occupied by tenants specifically selected by Landlord, and that Landlord has a legitimate interest in the type and quality of such tenants,the location of tenants in the Building and in controlling the leasing of space in the Building so that Landlord can better meet the particular needs of its tenants and protect and enhance the relative image, position and value of the Building in the office building market. Tenant further acknowledges that the rental value of the Premises may fluctuate during the Term in accordance with market conditions, and, as a result, the Rent paid by Tenant under the Lease at any particular time may be higher or lower than the then market rental value of the Premises. Landlord and Tenant agree, and the provisions of this Section are intended to so provide, that, if Tenant voluntarily assigns its interest in this Lease or in the Premises or subleases any part or all of the Premises,a portion of the profits from any increase in the market rental value of the Premises shall belong to Landlord. Tenant acknowledges that, if Tenant voluntarily assigns this Lease or subleases any part or all of the Premises,Tenant's investment in the subject portion of the Premises(specifically including,but not limited to,tenant improvements,good will or other assets)may be lost or reduced as a result of such action. (b) Consent Required. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior consent, which consent shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's consent shall be voidable and,at Landlord's election,shall constitute a default by Tenant under this Lease. In determining whether to approve a proposed assignment or sublease, Landlord shall place primary emphasis on the proposed transferee's reputation and creditworthiness, the character of the business to be conducted by the proposed transferee at the Premises and the affect of such assignment or subletting on the tenant mix in the Building. In addition, Landlord shall have the right to approve the specific form of any assignment or sublease agreement. In no event shall Landlord be obligated to consent to any assignment or subletting which increases (i) the Operating Costs, (ii) the burden on the Building services, or(iii)the foot traffic,elevator usage or security concerns in the Building,or creates an increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being unreasonably compromised or reduced (for example, but not exclusively, Landlord may deny consent to an assignment or subletting where the space will be used for a school or training facility,an entertainment, sports or recreation facility, retail sales to the public (unless Tenant's permitted use is retail sales), a personnel or employment agency,a medical office,or an embassy or consulate or similar office).Landlord shall not be obligated to approve an assignment or subletting to(x)a current tenant of the Building or(y)a prospective tenant of the Building with whom Landlord is then negotiating. Landlord's foregoing rights and options shall continue throughout the entire term of this Lease. No consent to any assignment, encumbrance or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment, encumbrance or sublease shall be made without Landlord's prior consent. Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than 14 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_ Any personal guarantee(s) of Tenant's obligations under this Lease shall remain in full force and effect following any such assignment or Nrimo"' subletting. In addition to Landlord's other rights under this Section, Landlord may condition approval of an assignment or subletting hereunder on an increase in the amount of the Security Deposit or on receipt of personal guarantees of the assignee's or sublessee's obligations under this Lease. If Landlord approves of an assignment or subletting hereunder and this Lease contains any renewal options,expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building,such rights and/or options shall not run to the assignee or subtenant,it being agreed by the parties hereto that any such rights and options are personal to Tenant named herein and may not be transferred. (c) Conditions to Assignment or Sublease. Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior consent (which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld or delayed), and that the assignee or subtenant will comply with all of the provisions of this Lease and that Landlord may enforce the Lease provisions directly against such assignee or subtenant. If this Lease is assigned,whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. If the Premises,or any part thereof, is sublet,Landlord may,upon a default under this Lease, collect rent from the subtenant. In either event, Landlord may apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease. (d) Events Constituting an Assignment or Sublease. For purposes of this Section, the following events shall be deemed an assignment or sublease, as appropriate: (i)the issuance of equity interests (whether stock, partnership interests or otherwise) in Tenant, or any assignee or subtenant, if applicable, or any entity controlling any of them, to any person or group of related persons, in a single transaction or a series of related or unrelated transactions, such that, following such issuance, such person or group shall have Control (as defined below) of Tenant, or any assignee or subtenant, if applicable;or(ii)a transfer of Control of Tenant,or any assignee or subtenant,if applicable,or any entity controlling any of them, in a single transaction or a series of related or unrelated transactions (including, without limitation, by consolidation, merger, acquisition or reorganization), except that the transfer of outstanding capital stock or other listed equity interests by persons or parties other than "insiders"within the meaning of the Securities Exchange Act of 1934,as amended,through the"over-the-counter"market or any recognized national or international securities exchange, shall not be included in determining whether Control has been transferred. "Control" shall mean direct or indirect ownership of fifty percent (50%)or more of all the legal and equitable interest in any business entity. (e) Processing Expenses. Tenant shall pay to Landlord the amount of Landlord's cost of processing each proposed assignment or subletting,including without limitation,reasonable attorneys'and other professional fees, and the cost of Landlord's administrative, accounting and clerical time (collectively, "Processing Costs"), and the amount of all reasonable direct and indirect expense incurred by Landlord arising from the assignee or sublessee taking occupancy of the subject space, including without limitation, reasonable costs of freight elevator operation for moving of furnishings and trade fixtures, security service, janitorial and cleaning service, rubbish removal service, costs of changing signage, and costs of changing locks and making new keys (collectively, "Occupancy Costs"). Notwithstanding anything to the contrary herein, Landlord shall not be required to process any request for Landlord's consent to an assignment or subletting until Tenant has paid to Landlord Three Hundred Dollars($300.00),or Landlord's estimate of the Processing Costs and the Occupancy Costs,whichever is greater. (f) Consideration to Landlord. In the event of any assignment or sublease, whether or not requiring Landlord's consent, Landlord shall be entitled to receive,as Additional Rent,one-half(1/2)of any consideration, including without limitation,payment for leasehold improvements paid for by Landlord, paid by the assignee or subtenant for the assignment or sublease and, in the case of sublease,the excess of the amount of rent paid for the sublet space by the subtenant over the total amount of Minimum Monthly Rent under Section 5 and Additional Rent under Sections 7 and 9. Upon Landlord's request,Tenant shall 15 assign to Landlord all amounts to be paid to Tenant by the assignee or subtenant and shall direct such assignee or subtenant to pay the same directly to Landlord. If there is more than one sublease under this Lease, the amounts(if any)to be paid by Tenant to Landlord pursuant to the preceding sentence shall be separately calculated for each sublease and amounts due Landlord with regard to any one sublease may not be offset against rental and other consideration due under any other sublease. (g) Procedures. If Tenant desires to assign this Lease or any interest therein or sublet all or part of the Premises, Tenant shall give Landlord written notice thereof designating the space proposed to be sublet and the terms proposed. If the proposed sublease covers the entire Premises and if the term of the proposed sublease(including any renewal terms)will expire during the final six(6)months of the Term(or if Tenant has exercised a renewal option,if any, then during the final six(6)months of the subject renewal period), then Landlord shall have the prior right and option (to be exercised by written notice to Tenant given within fifteen (15)days after receipt of Tenant's notice)(i)to terminate this Lease, or(ii)to approve Tenant's proposal to sublet conditional upon Landlord's subsequent written approval of the specific sublease obtained by Tenant and the specific subtenant named therein. If Landlord exercises its option described in (ii)above,Tenant shall submit to Landlord for Landlord's written approval Tenant's proposed sublease agreement (in which the proposed subtenant shall be named)together with a current reviewed or audited financial statement prepared by a certified public accountant for such proposed subtenant and a credit report on such proposed subtenant prepared by a recognized credit reporting agency. If Landlord fails to exercise its option to terminate this Lease, this shall not be construed as or constitute a waiver of any of the provisions of this Section.If Landlord exercises its option to terminate this Lease,Landlord shall not have any liability for any real estate brokerage commission(s)or with respect to any of the costs and expenses that Tenant may have incurred in connection with its proposed subletting,and Tenant agrees to hold Landlord harmless from and against any and all claims (including, without limitation, claims for commissions) arising from such proposed subletting. Landlord's foregoing rights and options shall continue throughout the Term.For purposes of this Section,a proposed assignment of this Lease in whole or in part shall be deemed a proposed subletting of such space. (h) Documentation. No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a counterpart of the sublease in which the subtenant agrees to be and remain jointly and severally liable with Tenant for the payment of Rent pertaining to the sublet space and for the performance of all of the terms and provisions of this Lease; provided, however,that the subtenant shall be liable to Landlord for rent only in the amount set forth in the sublease. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on or after the date of the assignment. The failure or refusal of a subtenant or assignee to execute any such instrument shall not release or discharge the subtenant or assignee from its liability as set forth above. (i) No Merger. Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises,the voluntary or other surrender of this Lease by Tenant,or a mutual cancellation by Landlord and Tenant, shall not work a merger, and shall, at the option of Landlord,terminate all or any existing subleases or subtenancies or,at the option of Landlord,operate as an assignment to Landlord of any or all such subleases or subtenancies. 26. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of three(3)days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if the failure continues for a period of twenty-four(24) hours after notice of such 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. (c) Other Defaults. Failure to perform any other provision of this Lease,if the failure to perform is not cured within thirty(30)days after notice of such default has been given by Landlord to Tenant.If the 16 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. NNW (d) 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. 27. 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: (a) Maintain Lease in Force. 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 for the account of Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. (b) Terminate Lease.Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus(iii)the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) 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 (v)at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts described in clauses (C)and (D)shall be amortized over the term of the new tenant's lease, and Tenant shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the Expiration Date of this Lease set forth in Section 1.Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default. As used in Subsections 27(b)(ii) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent(8%)per year. 28. Bankruptcy. (a) Assumption of Lease. If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code")or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 17 11 or 13 of the Code,or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor-In-Possession, may not elect to assume this Lease unless,at the time of such assumption,the Trustee or Tenant has: (i) Cured all defaults under the Lease and paid all sums due and owing under the Lease or „IS provided Landlord with "Adequate Assurance" (as defined below) that: (i) within ten (10) days from the date of such assumption, the Trustee or Tenant will completely pay all sums due and owing under this Lease and compensate Landlord for any actual pecuniary loss resulting from any existing default or breach of this Lease,including without limitation, Landlord's reasonable costs,expenses,accrued interest, and attorneys'fees incurred as a result of the default or breach; (ii)within twenty(20)days from the date of such assumption, the Trustee or Tenant will cure all non-monetary defaults and breaches under this Lease, or, if the nature of such non-monetary defaults is such that more than twenty (20) days are reasonably required for such cure, that the Trustee or Tenant will commence to cure such non-monetary defaults within twenty (20) days and thereafter diligently prosecute such cure to completion; and (iii)the assumption will be subject to all of the provisions of this Lease. (ii) For purposes of this Section,Landlord and Tenant acknowledge that,in the context of a bankruptcy proceeding involving Tenant,at a minimum, "Adequate Assurance"shall mean:(i)the Trustee or Tenant has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Landlord that the Trustee or Tenant will have sufficient funds to fulfill the obligations of Tenant under this Lease; (ii)the Bankruptcy Court shall have entered an Order segregating sufficient cash payable to Landlord and/or the Trustee or Tenant shall have granted a valid and perfected first lien and security interest and/or mortgage in or on property of Trustee or Tenant acceptable as to value and kind to Landlord,to secure to Landlord the obligation of the Trustee or Tenant to cure the monetary and/or non-monetary defaults and breaches under this Lease within the time periods set forth above;and(iii)the Trustee or Tenant,at the very minimum,shall deposit a sum equal to two(2) month's Minimum Monthly Rent to be held by Landlord (without any allowance for interest thereon) to secure Tenant's future performance under the Lease. (b) Assignment of Lease. If the Trustee or Tenant has assumed the Lease pursuant to the provisions of this Section for the purpose of assigning Tenant's interest hereunder to any other person or entity, such interest may be assigned only after the Trustee, Tenant or the proposed assignee have complied with all of the terms, covenants and conditions of this Lease,including,without limitation,those with respect to Additional Rent. Landlord and Tenant acknowledge that such terms, covenants and conditions are commercially reasonable in the context of a bankruptcy proceeding of Tenant.Any person or entity to which this Lease is assigned pursuant to the provisions of the Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon request execute and deliver to Landlord an instrument confirming such assignment. (c) Adequate Protection. Upon the filing of a petition by or against Tenant under the Code, Tenant, as Debtor and as Debtor-In-Possession, and any Trustee who may be appointed agree to adequately protect Landlord as follows: (i) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court;(ii)to pay all monetary obligations required under this Lease, including without limitation, the payment of Minimum Monthly Rent, Tenant's Share of Real Property Taxes,Tenant's Share of Operating Costs and any other sums payable by Tenant to Landlord under this Lease which is considered reasonable compensation for the use and occupancy of the Premises; (iii)provide Landlord a minimum of thirty(30) days prior written notice, unless a shorter period is agreed to in writing by the parties, of any proceeding relating to any assumption of this Lease or any intent to abandon the Premises,which abandonment shall be deemed a rejection of this Lease; and (iv)to perform to the benefit of Landlord as otherwise required under the Code. The failure of Tenant to comply with the above shall result in an automatic rejection of this Lease. 29. Limitation of Actions.Any claim, demand, right or defense of any kind by Tenant which is based upon or arises in connection with this Lease or the negotiations prior to its execution, shall be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense by reason thereof, within three (3) years after the date Tenant actually becomes aware of the act or omission on which such claim,demand,right or defense is based. 18 • 30. Signs. Tenant shall not have the right to place, construct or maintain any sign, advertisement, awning, banner or other exterior decoration without Landlord's consent. Any sign that Tenant has Landlord's consent to place,construct and maintain shall comply with all laws,and Tenant shall obtain any '�rrr approval required by such laws. Landlord makes no representation with respect to Tenant's ability to obtain such approval. Notwithstanding the foregoing, Landlord and Tenant have agreed to allow Tenant the right to install one(1)Exterior sign on the building,pursuant to the Rider attached hereto. 31. Landlord's Right to Enter the Premises. Landlord and its authorized representatives shall have the right to enter the Premises at reasonable times and upon reasonable prior notice (except in an emergency when no such notice shall be required) for any of the following purposes: (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any maintenance; to make any restoration to the Premises or the Building that Landlord has the right or the obligation to perform,and to make any improvements to the Premises or the Building that Landlord deems necessary, (iii)to serve,post or keep posted any notices required or allowed under the provisions of this Lease, (iv)to post any ordinary"For Sale"signs at any time during the Term and to post any ordinary"For Lease"signs during the last ninety(90)days of the Term, and (v)to show the Premises to prospective brokers,agents,purchasers,tenants or lenders,at any time during the Term. Landlord shall not be liable in any manner for any inconvenience, annoyance, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this Section, except damage resulting from the grossly negligent or willful acts of Landlord or its authorized representatives.Tenant shall not be entitled to an abatement or reduction of Rent if Landlord exercises any right reserved in this Section. Landlord shall conduct its activities on the Premises as allowed in this Section in a reasonable manner so as to cause minimal inconvenience,annoyance or disturbance to Tenant. 32. Subordination. This Lease is and shall be prior to any mortgage recorded after the date of this Lease affecting the Property. If, however, a lender requires that this Lease be subordinate to any mortgage, this Lease shall be subordinate to that mortgage if Landlord first obtains from the lender a written agreement that provides substantially the following: "As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of,or sale under the mortgage,and no steps or procedures taken under the mortgage,shall affect Tenant's rights under this Lease." Tenant shall attom to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure.Tenant shall execute the written agreement and any other 4411101.' documents required by the lender to accomplish the purposes of this Section. 33. Right to Estoppel Certificates. Tenant, within ten (10) business days after notice from Landlord, shall execute and deliver to Landlord,in recordable form,a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified and stating the modifications. The certificate shall also state the amount of Minimum Monthly Rent,the dates to which Rent has been paid in advance, and the amount of any Prepaid Rent or Security Deposit and such other matters as Landlord may reasonably request. Failure to deliver the certificate within such ten(10)business day period shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord,that this Lease is in full force and effect and has not been modified except as may be represented by Landlord requesting the certificate. 34. Transfer of Landlord's Interest. If Landlord sells or transfers the Property, Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease if Landlord's successor has assumed in writing, for the benefit of Tenant, Landlord's obligations under this Lease. If any Security Deposit or Prepaid Rent has been paid by Tenant,Landlord shall transfer such Security Deposit or Prepaid Rent to Landlord's successor and on such transfer Landlord shall be discharged from any further liability with respect to such Security Deposit or Prepaid Rent. 35. Attorneys'Fees.If either party shall bring any action for relief against the other party,declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for 19 attorneys'fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 36. Surrender; Holding Over. Nod (a) Surrender. On expiration or ten (10) days after termination of the Term, Tenant shall surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition.Tenant shall remove all of its trade fixtures and personal property,which personal property specifically includes all cabling installed in the Premises by Tenant(unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may,at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10)days after termination of the Term as allowed or required by the provisions of this Lease by giving ten(10)days notice to Tenant.Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property.Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's trade fixtures and personal property.If Tenant fails to surrender the Premises to Landlord on expiration or ten (10)days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, or the amount provided by law, whichever is greater,for the entire time Tenant thus remains in possession and Tenant shall be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i)any Rent payable by,or any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant's failure to timely surrender the Premises. If Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any time by either party. (b) Holding Over with Landlord's Consent. If Tenant,with Landlord's prior consent,remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a INlir month-to-month tenancy terminable by Landlord by a notice given to Tenant at least twenty(20)days prior to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty(30)days prior to the end of any such monthly period. During such month-to-month tenancy,Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant.All provisions of this Lease,except those pertaining to term,shall apply to the month-to-month tenancy. 37. Agency Disclosure;Broker. (a) Agency Disclosure. GVA Kidder Mathews hereby discloses that it represents the Landlord and Tenant in this transaction. (b) Broker. Landlord and Tenant each represent to the other that neither is represented by any broker, agent or finder with respect to this Lease in any manner, except the Broker(s).The commission due to the Broker(s) shall be paid by Landlord pursuant to a separate agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all liability,costs,damages,causes of action or other proceedings instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in any manner whatsoever in connection with this Lease. If Tenant engages a broker,agent or finder to represent Tenant in connection with any renewal of this Lease, then the commission or any fee of such broker, agent or finder shall be paid by Tenant. 20 38. Interest on Unpaid Rent. In addition to the Late Charge as provided in Section 5(b), Rent not paid when due shall bear interest from the date due until paid at the rate of fifteen percent(15%) per year, or the maximum legal rate of interest,whichever is less. %rwe 39. Landlord's Option to Relocate Tenant. Not Applicable. 40. Definitions. As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: (a) "Additional Rent" means pass-throughs of increases in Operating Costs and Taxes, as defined in this Lease, and other monetary sums to be paid by Tenant to Landlord under the provisions of this Lease. (b) "Alteration" means any addition or change to, or modification of, the Premises made by Tenant,including without limitation,fixtures,but excluding trade fixtures as defined in this Section. (c) "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. (d) "Award"means all compensation, sums or anything of value awarded, paid or received on a total or partial condemnation. (e) "Common Areas" means all areas outside the Premises and within the Building or on the Land that are provided and designated by Landlord from time to time for the general,non-exclusive use of Landlord, Tenant and other tenants of the Building and their authorized representatives, including without limitation, common entrances, lobbies, corridors, stairways and stairwells, elevators, escalators, public restrooms and other public portions of the Building. (f) "Condemnation" means the exercise of any governmental power, whether by legal proceedings or otherwise,by a condemnor and a voluntary sale or transfer by Landlord to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. (g) "Condemnor" means any public or quasi-public authority or entity having the power of condemnation. (h) "Damage"means any injury, deterioration, or loss to a person, property, the Premises or the Building caused by another person's acts or omissions or by Acts of God.Damage includes death. (i) "Damages"means a monetary compensation or indemnity that can be recovered in the courts by any person who has suffered damage to his person, property or rights through another's acts or omissions. (j) "Date of taking" means the date the condemnor has the right to possession of the property being condemned. (k) "Encumbrance" means any mortgage, deed of trust or other written security device or agreement affecting the Premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation. (I) "Expiration" means the coming to an end of the time specified in the Lease as its duration, including any extension of the Term. (m) "Force majeure"means strikes, lockouts, labor disputes,shortages of labor or materials, fire or other casualty,Acts of God or any other cause beyond the reasonable control of a party. (n) "Good condition"means the good physical condition of the Premises and each portion of the Premises,including without limitation,all of the Tenant Improvements,Tenant's alterations,Tenant's trade fixtures,Tenant's Personal Property,all as defined in this Section,signs,walls,interior partitions,windows, window coverings,glass,doors,carpeting and resilient flooring,ceiling tiles,plumbing fixtures and lighting 21 fixtures,all of which shall be in conformity with building standard finishes,ordinary wear and tear,damage by fire or other casualty and taking by condemnation excepted. (o) "Hazardous substances" means any industrial waste, toxic waste, chemical contaminant or other substance considered hazardous, toxic or lethal to persons or property or designated as hazardous, toxic or lethal to persons or property under any laws, including without limitation, asbestos material or materials containing asbestos. (p) "Hold harmless"means to defend and indemnify from all liability, losses, penalties, damages as defined in this Section, costs,expenses(including without limitation,attorneys'fees), causes of action, claims or judgments arising out of or related to any damage, as defined in this Section, to any person or property. (q) "Law"means any constitution,statute,ordinance,regulation,rule,resolution,judicial decision, administrative order or other requirement of any federal, state, county, municipal or other governmental agency or authority having jurisdiction over the parties or the Property,or both, in effect either at the time of execution of this Lease or at any time during the Term, including without limitation, any regulation or order of a quasi-official entity or body (e.g., board of fire examiners or public utilities) and any legally effective conditions,covenants or restrictions affecting the Property. (r) "Lender" means the mortgagee, beneficiary, secured party or other holder of an encumbrance,as defined in this Section. (s) "Lien" means a charge imposed on the Premises by someone other than Landlord, by which the Premises are made security for the performance of an act. (t) "Maintenance"means repairs,replacement,repainting and cleaning. (u) "Mortgage"means any deed of trust, mortgage or other written security device or agreement affecting the Premises, and the note or other obligation secured by it, that constitutes security for the payment of a debt or performance of an obligation. (v) "Mortgagee"means the beneficiary under a deed of trust or mortgagee under a mortgage. (w) "Mortgagor" means the grantor or trustor under a deed of trust or mortgagor under a mortgage. (x) "Operating Costs" means all costs of any kind incurred by Landlord in operating, cleaning, 'Nod equipping, protecting, lighting, repairing, replacing, heating, air-conditioning, maintaining and insuring the Property.Operating Costs shall include,without limitation,the following costs:(i)salaries,wages,bonuses and other compensation (including hospitalization, medical, surgical, retirement plan, pension plan, union dues, life insurance, including group life insurance, welfare and other fringe benefits, and vacation, holidays and other paid absence benefits)relating to employees of Landlord or its agents directly engaged in the operation,repair,or maintenance of the Property;(ii)payroll,social security,workers'compensation, unemployment and similar taxes with respect to such employees of Landlord or its authorized representatives, and the cost of providing disability or other benefits imposed by law or otherwise, with respect to such employees; (iii) uniforms (including the cleaning, replacement and pressing thereof) provided to such employees; (iv) premiums and other charges incurred by Landlord with respect to fire, earthquake, other casualty, all risk, rent loss and liability insurance, any other insurance as is deemed necessary or advisable in the reasonable judgment of Landlord and, after the Base Year, costs of repairing an insured casualty to the extent of the deductible amount under the applicable insurance policy; (v) water charges and sewer rents or fees; (vi) license, permit and inspection fees; (vii) sales, use and excise taxes on goods and services purchased by Landlord in connection with the operation,maintenance or repair of the Property and Building systems and equipment; (viii) telephone, facsimile, messenger, express delivery service,postage,stationery supplies and other expenses incurred in connection with the operation, management, maintenance, or repair of the Property; (ix) property management fees and expenses; (x) repairs to and physical maintenance of the Property, including building systems and appurtenances thereto and normal repair and replacement of worn-out equipment, facilities and installations, but excluding the replacement of major building systems (except to the extent provided in 22 r (xvi) and (xvii) below), (xi)janitorial, window cleaning, security, extermination, water treatment, rubbish removal, plumbing and other services and inspection or service contracts for elevator, electrical, HVAC, mechanical and other building equipment and systems or as may otherwise be necessary or proper for the operation or maintenance of the Property; (xii) supplies, tools, materials, and equipment used in �1rr• connection with the operation, maintenance or repair of the Property; (xiii) accounting, legal and other professional fees and expenses; (xiv)painting the exterior or the public or common areas of the Building and the cost of maintaining the sidewalks, landscaping and other common areas of the Property; (xv)all costs and expenses for electricity,chilled water,air conditioning,water for heating,gas,fuel,steam,heat, lights, power and other energy related utilities required in connection with the operation,maintenance and repair of the Property; (xvi) the cost of any improvements which Landlord elects to capitalize made by Landlord to the Property during the Term in compliance with the requirements of any laws or regulation or insurance requirement with which the Property was not required to comply during the Base Year, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent (12%) per year, or the maximum legal rate of interest, whichever is less; (xvii) the cost of any improvements which Landlord elects to capitalize made by Landlord to the Property during the term of this Lease for the protection of the health and safety of the occupants of the Property or that are intended to reduce other Operating Costs, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent (12%)per year,or the maximum legal rate of interest,whichever is less; (xviii) a reasonable reserve for repair or replacement of equipment used in the maintenance or operation of the Property;(xix)the cost of furniture,draperies,carpeting,landscaping and other customary and ordinary items of personal property(excluding paintings, sculptures and other works of art)provided by Landlord for use in common areas of the Building or in the Building office (to the extent that such Building office is dedicated to the operation and management of the Property),such costs to be amortized over the useful life thereof; (xx) Building office rent or rental value; and (xxi) all other costs which, in accordance with generally sound accounting and management principles used by Landlord, as applied to the maintenance and operation of office and/or retail buildings, are properly chargeable to the operation and maintenance of the Property. Operating Costs shall not include the following: (i)depreciation on the Building;(ii)debt service;(iii) capital improvements, except as otherwise provided in clauses (xvi)and (xvii)above, (iv)rental under any ground or underlying leases; (v) Real Property Taxes, (vi) attorneys' fees and expenses incurred in connection with lease negotiations with prospective tenants, or default or enforcement proceedings with respect to defaulting tenants; (vii) the cost of tenant improvements; (viii)advertising expenses; or (ix) real estate broker's or other leasing commissions. (y) "Parties"means Landlord and Tenant. 'err►' (z) "Party"means Landlord or Tenant. (aa) "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. (bb) "Property"means the Premises,Building and Land. (cc) "Provision"means any term,agreement,covenant,condition,clause,qualification, restriction, reservation, or other stipulation in the Lease that defines or otherwise controls, establishes, or limits the performance required or permitted by either party. (dd) "Real Property Taxes" means any form of tax, assessment, general assessment, special assessment, lien, levy, bond obligation, license fee, license tax, tax or excise on rent, or any other levy, charge or expense, together with any statutory interest thereon, (individually and collectively, the "Impositions"),now or hereafter imposed or required by any authority having the direct or indirect power to tax, including any federal,state,county or city government or any school,agricultural,lighting,drainage or other improvement or special assessment district thereof,(individually and collectively,the"Governmental Agencies") on any interest of Landlord or Tenant or both (including any legal or equitable interest of Landlord or its mortgagee,if any)in the Premises or the Property,including without limitation: 23 l rw (i) any Impositions upon, allocable to or measured by the area of the Premises or the Property,or the rental payable hereunder,including without limitation,any gross income tax or excise tax levied by any Governmental Agencies with respect to the receipt of such rental;or (ii) any Impositions upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair or use or occupancy by Tenant of the Premises or any portion thereof;or (iii) any Impositions upon or with respect to the building equipment and personal property used in connection with the operation and maintenance of the Property or upon or with respect to the furniture,fixtures and decorations in the common areas of the Property. (iv) any Impositions upon this Lease or this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises;or (v) any Impositions by Governmental Agencies(whether or not such Impositions constitute tax receipts) in substitution, partially or totally, of any impositions now or previously included within the definition of real property taxes, including those calculated to increase tax increments to Governmental Agencies and to pay for such services as fire protection, water drainage, street, sidewalk and road maintenance,refuse removal or other governmental services formerly provided without charge to property owners or occupants;or (vi) any and all costs,including without limitation, the fees of attorneys,tax consultants and experts, incurred by Landlord should Landlord elect to negotiate or contest the amount of such real property taxes in formal or informal proceedings before the Governmental Agency imposing such real property taxes; provided, however, that real property taxes shall in no event include Landlord's general income,inheritance,estate,gift or franchise taxes. (ee) "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, Additional Rent,Prepaid Rent,Security Deposit,all as defined in this Section,payments of Tenant's Share of increases in Real Property Taxes and Operating Costs, insurance, utilities and other charges payable by Tenant to Landlord. (ff) "Rentable square feet of space" as to the Premises or the Building, as the case may be, means the number of usable square feet of space times the applicable R/U Ratio(s) as defined in this Section. (gg) "Restoration" means the reconstruction, rebuilding, rehabilitation and repairs that are 'wd necessary to return damaged portions of the Premises and the Building to substantially the same physical condition as they were in immediately before the damage. (hh) "R/U Ratio" means the rentable area of a floor of the Building divided by the usable area of such floor, both of which shall be computed in accordance with American National Standard Z65.1-1996 Method of Measuring Floor Space in Office Buildings as published by the Building Owners and Managers Association,as amended from time to time. (ii) "Substantially complete" or "substantially completed" or "substantial completion" means the completion of Landlord's construction obligation,subject to completion or correction of"punch list" items, that is, minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's use of the Premises for the Permitted Use. (jj) "Successor" means assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully,and pursuant to the provisions of this Lease,to the rights or obligations of either party. (kk) "Tenant Improvements"means(i) the improvements and alterations set forth in Exhibit C, (ii) window coverings, lighting fixtures, plumbing fixtures, cabinetry and other fixtures installed by either 24 • Landlord or Tenant at any time during the Term, and (iii) any improvements and alterations of the Premises made for Tenant by Landlord at any time during the Term. (II) "Tenant's personal property" means Tenant's equipment, furniture, and movable property `fir (including cabling)placed in the Premises by Tenant. (mm)"Tenant's trade fixtures"means any property attached to the Premises by Tenant. (nn) "Termination"means the ending of the Term for any reason before expiration, as defined in this Section. (oo) "Work"means the construction of any improvements or alterations or the performance of any repairs done by Tenant or caused to be done by Tenant on the Premises as permitted by this Lease. 41. Miscellaneous Provisions. (a) Entire Agreement.This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. (b) Governing Law. This Lease shall be governed by, and construed and enforced in accordance with,the laws of the State of Washington. (c) Severability. Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. (d) Jurisdiction. In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court in and for King County Washington or in the United States District Court for the Western District of Washington and agree that in any such action venue shall lie exclusively at Seattle,Washington. (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. (f) Captions. Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. (g) Notices. All notices or requests required or permitted under this Lease shall be in writing. If given by Landlord such notices or requests may be personally delivered,delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid. If given by Tenant such notices or requests shall be sent by certified mail,return receipt requested,postage prepaid.Such notices or requests shall be deemed given when so delivered or mailed, irrespective of whether such notice or request is actually received by the addressee. All notices or requests to Landlord shall be sent to Landlord at Landlord's Address for Notice and all notices or requests to Tenant shall be sent to Tenant at Tenant's Address for Notice. Either party may change the address to which notices shall be sent by notice to the other party. (h) Binding Effect. Subject to the provisions of Section 25 captioned "Assignment and Subletting", this Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. No permitted assignment of this Lease or Tenant's rights hereunder shall be effective against Landlord unless and until an executed counterpart of the instrument of assignment shall have been delivered to Landlord and Landlord shall have been furnished with the name and address of the assignee.The term"Tenant"shall be deemed to include the assignee under any such permitted assignment. 25 (i) Effectiveness. This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. (j) Gender and Number. As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular,as the context may require. (k) Time of the Essence. Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. Signatures on following page 26 Dated the date first above written. Iry Landlord: Tenant: The City of Renton,Washington,a King County of Washington,operating as Washington municipal corporation Washington State University,King County By: By: Title: Title: Date executed: Date executed: By: By: Title: Title: Date executed: Date executed: By: Title: Date executed: This Lease has been prepared for submission to you and your attorney. GVA Kidder Mathews is not authorized to give legal or tax advice.Neither Landlord nor GVA Kidder Mathews makes any representations or recommendations as to the legal sufficiency, legal effect or tax consequences of this document or any transaction relating thereto. These are questions for your attorney with whom you should consult before signing the document to determine whether your legal rights are adequately protected. [Notary attached] 27 Formatted:Height 11" %ow RIDER This Rider is made and entered into this 12th day of April,2004 by and between The City of Renton,Washington,a Washington municipal corporation("Landlord"),and King County of Washington,operating as Washington State University,King County("Tenant"). RECITALS: Landlord and Tenant have entered into a Lease dated of even date herewith covering certain Premises located in the 200 Mill Avenue Building in Renton Washington(the"Lease"). The Lease is for a five year term. Landlord and Tenant hereby agree as follows: 1 . Satellite Dish. Landlord shall permit Tenant to install and maintain at Tenant's sole expense a satellite dish (approximately 24" in diameter) and related equipment ("Antenna") on the roof of the Building in a location mutually acceptable to Landlord and Tenant and subject to compliance with all applicable governmental laws and regulations. The Tenant shall at all times own the Antenna. Landlord makes no warranties or representations to Tenant as to the permissibility of an Antenna on the Building under applicable laws and regulations. The Tenant shall be permitted to erect and maintain the Antenna for a term which will expire on the expiration or earlier termination of this Lease. The Tenant shall be required to obtain all governmental permits or consents necessary for the erection and operation of the Antenna. If installation of the Antenna requires any roof penetrations,Tenant shall use a contractor approved by Landlord and shall cause such work to be done in a manner that will preserve any roof warranty held by Landlord. Upon the expiration or earlier termination of this Lease,Tenant,at its sole cost and expense,shall remove the Antenna and restore the Building to a condition comparable to its condition immediately prior to the installation of the Antenna, ordinary wear and tear, and casualty damage not caused by Tenant, its agents, employees, contractors or invitees,excepted. 2. Early Termination: Provided Tenant is not in material default of the Lease and has faithfully performed under all provisions of the Lease, either Landlord or Tenant shall have the right to terminate this Lease Agreement,after the conclusion of the 12th month of the Lease Term,subject to performing the following: Nome a) Landlord or Tenant must provide a minimum of six(6)months advance written notice of Lease Termination to the other party. This shall be the"specified date" of the termination notice,notifying Landlord or Tenant of the other party's intent to terminate the Lease,six months following notice to the other party. Of note,the Lease shall terminate at the conclusion of the sixth full month(not mid month)after notice of termination is delivered to the other party. Example,Tenant provides notice to Landlord to terminate the lease on May 20,2008. The Lease will terminate November 30,2008,at the end of the Month,following such six(6) month notice. If either Tenant or Landlord does not elect to terminate this lease, and provide written notice to the other party,then the Lease shall remain in full force and effect through the expiration date,May 31,2012. There will be no cost to either party to Terminate the lease,providing faithful performance of all of the lease terms and provisions. Nothwithstanding the foregoing,the County's obligations to Lessor, if any, that extend beyond a current year are contingent upon approval of the lease by the King County Council or appropriation by the King County Council of sufficient funds to pay such lease obligations.Should such approval or appropriation not occur,this Lease and all County obligations hereunder will terminate at the end of the calendar year in which such approval or appropriation expires.Respective costs associated with such termination shall not exceed the appropriation for the year in which terminated is effected.In addition,if grant funding for the project is cancelled or not renewed,this Lease and all County and Lessor obligations to the other party '01110v hereunder will terminate. In the event the County does not procure funding,the County shall immediately provide notice to Lessor. Further, the County' s ability to purchase the office furniture as outlined in Article 6 below,shall he subject to the County's ability to fund the payment for such furniture. 3.Right of First Refusal.Landlord hereby grants to Tenant the right of first refusal to lease the space located on the second floor of the 200 Mill Avenue Building,and the ground floor of the 200 Mill Avenue Building, subject to the Landlord's plans for expansion,and any existing rights of First Offer contained in existing lease agreements within the Building. The Right of First Offer Spaces,the("RFR Spaces")comprise 4,592 rentable square feet,which is divisible to approximately 2,000 rentable square feet on the Second floor of the 200 Mill Avenue Building,and 1,100 rentable square feet on the Ground Floor of the Building. Said RFR spaces are currently vacant and available for lease. Said RFR spaces shall be offered to Tenant during the lease term,on the following terms and conditions.Such right of first refusal shall be subject and subordinate to any rights of the City of Renton,and any first refusal,rights of first offer,extension options or expansion options currently held by any other tenants in the Building.Any space that becomes available on the Second Floor in the 200 Mill Avenue Building and the 1,100 rentable square foot area on the Ground Floor shall hereinafter be referred to as the"RFR Space".If Landlord presents an offer to a third party to lease all or any part of the RFR Space,excepting existing rights,and the Landlord's own expansion,Landlord shall notify Tenant in writing of all of the material terms of the offer.Tenant shall then have five(5)business days in which to notify Landlord in writing that it irrevocably elects to lease the space in question on the exact terms offered to the third party(including the proposed term of the lease),with the sole exception that Tenant may change the tenant improvements to be provided by Landlord,if any,with the understanding that Landlord will not be obligated to pay more for Tenant's tenant improvements than Landlord would have been obligated to pay for the third party's tenant improvements.If Tenant fails to deliver to Landlord such written notice within such deadline,Tenant shall be deemed to have waived its right of first refusal,in which case Landlord shall be free to lease the RFR Space in question to the third party on terms substantially equivalent to the terms offered to Tenant.If subsequent negotiations with the third party yield material changes to the terms offered to Tenant,Landlord shall be required to re-offer the RFR Space in question to Tenant in the manner provided above,with the exception that Tenant shall be required to respond within three(3)business days. 4. Parking. Tenant shall have the right to use up to four(4)unreserved parking stalls per 1,000 rentable square feet, (the"Allotted Parking Spaces")in the adjacent parking lot(the"Parking Lot")at no additional cost. The Tenant and Tenant's employees and invitees may utilize the Parking Lot,subject to the reasonable rules and regulations adopted by Landlord from time to time(see Exhibit D),in common with other tenants of and visitors to the Building on a first-come,first-served basis. In the event that Landlord believes that Tenant is using more than its Allotted Parking Spaces,at Landlord's request,Tenant shall provide to Landlord each month a list which includes the name of each person using the Parking Lot based on Tenant's parking rights under this Lease and the license plate number of the vehicle being used by that person. In addition,at Landlord's request,Tenant shall cause its employees who use the Parking Lot to post parking stickers or other identification devices on their vehicles. If Tenant uses more than the Allotted Parking Spaces,Landlord shall have the right to cause the vehicles of Tenant's employees to be towed until Tenant is no longer using more than the Allotted Parking Spaces. The vehicles may be towed away by any towing company selected by Landlord,and the cost of such towing shall be paid for by Tenant and/or the driver of said vehicle. 5. Building Eyebrow Signage. Subject to the following terms and conditions,Landlord shall permit Tenant to install one(1)exterior building sign(the"Building Sign")containing Tenant's name on the Building: (a) The Building Sign shall be consistent with the specifications designated by the City of Renton,WA,(collectively,the"City"). Tenant shall submit drawings and desired sign location to Landlord for the Sign on the façade of the Building (the "First Location"). Landlord shall approve both the 2 specifications for the Sign and the location of the Sign,or in the alternative present a second location for the Sign as determined by Landlord. (b) The cost of designing,fabricating, installing and obtaining governmental approvals for the Building Sign shall be paid by Tenant, at Tenant's sole cost and expense. Landlord shall have the right to approve the contractor that installs the Building Sign and the contractor shall comply with all of Landlord's policies and procedures relating to construction performed at the Project(e.g., insurance, safety etc.); (c) Tenant shall maintain the Building Sign in good order and repair, at Tenant's sole cost and expense; (d) Tenant's right to install the Building Sign is subject to the issuance by the City of the required approvals and permits for the installation of the Building Sign. Landlord makes no representation or warranty that the City will permit the installation of the Building Sign, and Tenant's obligations under this Lease are not conditioned upon the City permitting the installation of the Building Sign or any other sign. Tenant shall pay to Landlord, rent for the exterior sign,equal to$100.00 per month during the Lease Term, for the right to such exterior signage. Said"Sign Rent"is payable in addition to the monthly rent paid by Tenant during the lease term. (e) Any modification of the Building Sign shall be considered to be an"Alteration"within the meaning of the Lease,and shall be governed by the provisions thereof. Notwithstanding anything to the contrary contained in the Lease, any modification or alteration of the Building Sign shall require Landlord's prior approval,which may be given or withheld by Landlord in Landlord's sole discretion; (f) The Building Sign shall be considered a use of the Premises pursuant to section 10 of the Lease,and Tenant shall defend and indemnify Landlord to the extent provided in section 10; (g) Tenant shall remove the Building Sign and repair any damage to the Project, at Tenant's sole cost and expense,upon the termination or expiration of the Lease term; (h) The insurance purchased by Tenant pursuant to section 19 of the Lease shall apply to the Building Sign; (i) Should the Building Sign be electrically illuminated, Tenant agrees to pay to Landlord, upon demand, the costs of such power as determined by persons skilled in the field, and utilize those estimates in billing Tenant for the power consumed;however,Tenant shall also have the right to install, at Tenant's sole cost and expense, electrical meters which shall measure the actual amount of power consumed;and (j) If at any time Tenant has subleased more than twenty five percent (25%) of the Premises,Landlord shall have the right,at Landlord's option,at any time,upon not less than ninety(90)days advance written notice to Tenant, to require Tenant to permanently remove the Building Sign and to repair any damage to the Building caused by such removal,at Tenant's sole cost and expense. From and after the date of such removal, Tenant shall no longer have the right to place the Building Sign on the Building, and except for Tenant's obligation to remove the Building Sign and to repair any damage to the Building, this Addendum section shall be of no further force or effect. 6. Office Furniture. During the Term of this Lease, Landlord shall allow Tenant the use of the existing furniture within the Premises at no additional expense. If either Landlord or Tenant elects to terminate the lease between the 12"'and the 24th month,tenant will have the right to purchase the furniture from Landlord at an expense of$20,000,paid with thirty days(30)days upon delivery of notice of Lease Termination to the other party. If termination of the Lease occurs between the 24"'and 48"' month, the Tenant's cost to purchase the furniture shall be $12,500. If termination occurs after the 48th month of the Lease Term, the Tenant's cost to purchase the furniture shall be$5,000. 7. Conference Facilities. From time to time,Tenant would like to have the option to use the conference facility meeting area located on the second floor of the 200 Mill Avenue Building. Use of this area for a meeting or lecture,would be scheduled through the managing agent of the Building,at no charge to Tenant, 3 subject to availability as controlled by Landlord,pre-approved by Landlord in advance. Tenant's use shall of this second floor area shall not exceed six(6)times per year,at no expense,providing tenant cleans up and restores the conference facility area after each use,at Tenant's expense. Thereafter, Landlord and Tenant would agree upon reasonable charges for the use of said conference room facilities (wear and tear, electricity,cleaning). All other terms and conditions shall remain unchanged. Dated the date first above written. Landlord: Tenant: The City of Renton,Washington,a Washington King County of Washington,operating as municipal corporation Washington State University,King County By: By: Title: Title: Date executed: Date executed: By: By: Title: Title: Date executed: Date executed: By: Title: Date executed: 4 EXHIBIT C WORK LETTER Now THIS WORK LETTER is made as of April 4, 2007 between The City of Renton, Washington, a Washington municipal corporation ("Landlord"), and King County of Washington, operating as Washington State University, King County ('Tenant"). RECITALS: Landlord and Tenant have entered into a Lease dated of even date herewith (the "Lease") covering certain premises (Suite 100 & 110) located in the 200 Mill Avenue Building in Renton, Washington (the "Premises"). The Lease contemplates the construction by Tenant of certain improvements to the Premises. Landlord and Tenant desire to set forth their agreement as to construction of certain alterations, repairs and improvements to the Premises by Tenant in writing and hereby agree as follows: 1. The Work. Under the Lease, Tenant has agreed to accept the Premises in their "AS IS" condition without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements or to provide any allowances unless otherwise expressly provided in this Work Letter. Tenant desires to perform certain alterations, repairs and improvements to the Premises (the "Work"). Such Work shall be in accordance with the provisions of this Work Letter, and to the extent not expressly inconsistent herewith, in accordance with the provisions of the Lease. Performance of the Work shall not serve to abate or extend the time for the commencement of Rent under the Lease, except to the extent Landlord delays approvals beyond any times permitted for such approvals under this Work Letter. Capitalized terms used in this Work Letter that are defined in the Lease shall have the same meanings given to them in the Lease. 2. Cost of the Work. Except as provided hereinafter, Tenant shall pay all costs (the "Cost of the Work") associated with the Work whatsoever, including without limitation, all permits, inspection fees, fees of space planners, architects, engineers, and contractors, cabling contractors and installation of a doorbell Noireor access bell system at the front entry, Landlord's commercially reasonable construction management fee, utility connections, the cost of all labor and materials, bonds, insurance, and any structural or mechanical work, additional HVAC equipment or sprinkler heads, or modifications to any building mechanical, electrical, plumbing or other systems and equipment or relocation of any existing sprinkler heads, either within or outside the Premises required as a result of the layout, design, or construction of the Work. Of the Cost of the Work, Landlord shall reimburse Tenant an amount up to, but not exceeding, $20,000.00 Dollars, (the "Improvement Allowance"). The Improvement Allowance shall be funded by Landlord upon completion of the Work in accordance with plans and specifications approved by Landlord in writing in accordance with the provisions hereof, and Tenant has submitted all invoices, lien waivers, affidavits of payment, and such other evidence as Landlord may reasonably require that the cost of the Work has been paid for and that no mechanic's, materialmen's or other such liens have been or may be filed against the property or the Premises arising out of the design or performance of the Work. In no event shall Landlord be required to pay any portion of the Cost of the Work in excess of the Improvement Allowance. 3. Space Plan and Working Drawings. If appropriate, Tenant shall submit a "Space Plan" or"Working Drawings" outlining the proposed Work in detail, to Landlord for review and approval prior to commencement of the Work. Landlord shall, within one (1) working days after receipt thereof, either approve the Space Plan or Working Drawings, as the case may be, or disapprove the same, advising Tenant of the reasons for such disapproval. If Landlord disapproves the Space Plan or Working Drawings, then Tenant shall modify the same, taking into account the reasons given by Landlord for said disapproval, and shall submit a revised Space Plan or Working Drawings, as the case may be, to Landlord within one (1) working days after receipt of Landlord's initial disapproval. The parties shall continue such process in the same time frames until Landlord grants approval of the Space Plan or Working Drawings. 4. Change Orders. No changes, modifications, alterations or additions to the approved Space Plan or Now Working Drawings may be made without the prior written consent of the Landlord after written request therefor by Tenant. In the event that the Premises are not constructed in accordance with said approved WORK LETTER EXHIBIT C Page 1 Space Plan and Working Drawings, then Tenant shall not be permitted to occupy the Premises until the Premises reasonably comply in all respects with said approved Space Plan and Working Drawings; in such case, the Rent shall nevertheless commence to accrue and be payable as otherwise provided in the Lease. 5. Compliance. Tenant's Work shall comply in all respects with the following: (a)the Building Code of the City and State in which the Building is located and State, County, City or other laws, codes, ordinances and regulations, as each may apply according to the rulings of the controlling public official, agent or other such person, (b) applicable standards of the National Board of Fire Underwriters and National Electrical Code, and (c)building material manufacturer's specifications. 6. Performance. (a) Tenant's Work shall be performed in a thoroughly safe, first-class and workmanlike manner in conformity with the approved Space Plan and Working Drawings, and shall be in good and usable condition at the date of completion. (b) Tenant shall be required to obtain and pay for all necessary permits and/or fees with respect to Tenant's Work, and the same shall be shown to Landlord prior to commencement of the Work. (c) (d) If contemplated or permitted under the statutes of the State in which the Property is located, within ten (10) days after completion of construction of Tenant's Work, Tenant shall execute and file a Notice of Completion with respect thereto and furnish a copy thereof to Landlord upon recordation, failing which, Landlord may itself execute and file the same on behalf of Tenant as Tenant's agent for such purpose. (e) Copies of"as built" drawings shall be provided to Landlord no later than thirty(30) days after completion of the Work. (f) Landlord's approval of Tenant's plans and specifications, and Landlord's recommendations or approvals concerning contractors, subcontractors, space planners, engineers or architects, shall not be deemed a warranty as to the quality or adequacy of the Work, or the design thereof, or of its compliance with Laws, codes and other legal requirements. (g) Landlord shall not be responsible for any disturbance or deficiency created in the air conditioning or other mechanical, electrical or structural facilities within the Property or Premises as a result of the Work. If such disturbances or deficiencies result, Tenant shall correct the same and restore the services to Landlord's reasonable satisfaction, within a reasonable time. (h) If performance of the Work shall require that additional services or facilities (including without limitation, extra or after-hours elevator usage or cleaning services) be provided, Tenant shall pay Landlord's reasonable charges therefor. (i) Tenant's contractors shall comply with the rules of the Property and Landlord's requirements respecting the hours of availability of elevators and manner of handling materials, equipment and debris. Demolition must be performed after 6:00 p.m. Monday through Friday or on weekends. Delivery of materials, equipment and removal of debris must be arranged to avoid any inconvenience or annoyance to other occupants. The Work and all cleaning in the Premises must be controlled to prevent dirt, dust or other matter from infiltrating into adjacent tenant or mechanical areas. 7. Insurance. All contractors and sub-contractors shall carry Worker's Compensation Insurance covering all of their respective employees in the statutory amounts, Employer's Liability Insurance in the amount of at least $500,000 per occurrence, and comprehensive general liability insurance of at least $3,000,000 combined single limit for bodily injury, death, or property damage: and the policies therefor shall cover Landlord and Tenant, as additional insureds, as well as the contractor or subcontractor. All *old WORK LETTER EXHIBIT C Page 2 insurance carriers hereunder shall be rated at least A and X in Best's Insurance Guide. Certificates for all such insurance shall be delivered to Landlord before the construction is commenced or contractor's equipment is moved onto the Property. All policies of insurance must require that the carrier give Landlord twenty (20) days' advance written notice of any cancellation or reduction in the amounts of insurance. In the event that during the course of Tenant's Work any damage shall occur to the construction and improvements being made by Tenant, then Tenant shall repair the same at Tenant's cost. 8. Asbestos. If the Property was constructed at a time when asbestos was commonly used in construction, Tenant acknowledges that asbestos-containing materials ("ACM") may be present at the Property, and that airborne asbestos fibers may involve a potential health hazard unless proper procedures are followed. In such case, before commencing the Work, Tenant's contractor shall consult with Landlord and Landlord's asbestos consultant concerning appropriate procedures to be followed. Landlord shall, at Landlord's expense, undertake any necessary initial asbestos-related work, before Tenant commences the Work. During performance of the Work, Tenant shall require that its contractor comply with all laws, rules, regulations and other governmental requirements, as well as all directives of Landlord's asbestos consultant, respecting ACM. Tenant hereby irrevocably appoints Landlord and Landlord's asbestos consultant as Tenant's attorney-in-fact for purposes of supervising and directing any asbestos-related aspects of the Work. 9. Liens. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. 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 equal to one and one-half times the amount of the claim of lien or furnishes other security for payment of such lien satisfactory to Landlord. 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 Property, 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 (but shall not be Arose obligated to), 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 costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon in accordance with Section 39 of the Lease, 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. Nothing contained herein shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with the Work shall be null and void, or, at Landlord's option, shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises. 10. Indemnity. Tenant shall indemnify, defend and hold harmless Landlord (and Landlord's principals, partners, agents, trustees, beneficiaries. officers, employees and affiliates) from and against any claims, demands, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, and awards, together with attorneys'fees and litigation expenses arising out of or in connection with the Work, or Tenant's failure to comply with the provisions hereof, or any failure by Tenant's contractors, subcontractors or their employees to comply with the provisions hereof, except to the extent caused by Landlord's intentional or negligent acts. 11. Taxes. Tenant shall pay prior to delinquency all taxes, charges or other governmental impositions (including without limitation, any real estate taxes or assessments, sales tax or value added tax)assessed against or levied upon Tenant's fixtures, furnishings, equipment and personal property located in the Premises and the Work to the Premises under this Work Letter. Whenever possible, Tenant shall cause all such items to be assessed and billed separately from the property of Landlord. In the event any such items shall be assessed and billed with the property of Landlord, Tenant shall pay its share of such taxes, '"'11 charges or other governmental impositions to Landlord within thirty (30) days after Landlord delivers a WORK LETTER EXHIBIT C Page 3 statement and a copy of the assessment or other documentation showing the amount of such impositions applicable to Tenant. 12. INCORPORATED INTO LEASE; DEFAULT. THE PARTIES AGREE THAT THE PROVISIONS OF THIS Work Letter ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THE LEASE FULLY AS THOUGH SET FORTH THEREIN. In the event of any express inconsistencies between the Lease and this Work Letter, the latter shall govern and control. If Tenant shall default under this Work Letter, Landlord may order that all Work being performed in the Premises be stopped immediately, and that no further deliveries to the Premises be made, until such default is cured, without limitation as to Landlord's other remedies. If Tenant shall default under the Lease or this Work Letter and fail to cure the same within the time permitted for cure under the Lease, at Landlord's option, all amounts paid or incurred by Landlord towards the Improvement Allowance shall become immediately due and payable as Additional Rent under the Lease. Any amounts payable by Tenant to Landlord hereunder shall be paid as Additional Rent under the Lease. Any default by the other party hereunder shall constitute a default under the Lease and shall be subject to the remedies and other provisions applicable thereto under the Lease. DATED the date first above written. Landlord: Tenant: The City of Renton,Washington, a King County of Washington, operating as Washington municipal corporation Washington State University, King County By: By Print Name Print Name Title Title By Noid Print Name Title WORK LETTER EXHIBIT C Page 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Chief Kevin Milosevich For Agenda of: May 21, 2007 41160, Dept/Div/BoardPolice Staff Contact Chief Kevin Milosevich Agenda Status Consent X Subject: Public Hearing.. Valley Special Response Team Agreement Correspondence Ordinance Resolution Old Business Exhibits: New Business Valley Special Response Team Agreement Study Sessions Resolution Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: In March of 1992, the municipalities of Auburn, Tukwila and Renton entered into an Interlocal Agreement to create what was known as the Valley Emergency Services Unit (ESU). The Cities of Kent, Federal Way, and the Port of Seattle joined the Unit in 2001. The name of the combined team is now known as the Valley Special Response Team(VSRT) and the new Interlocal Agreement has been amended to include the City of Des Moines. STAFF RECOMMENDATION: Approve the Valley Special Response Team Agreement and authorize the Mayor and City Clerk to sign the Agreement. Rentonnet/agnbill/ bh INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi jurisdictional team to effectively respond to high risk criminal occurrences as described below. low IV. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. The SRT has been in existence for some time, and this Agreement is being re-entered into in order to admit the City of Des Moines as an SRT member. The future admission or elimination of a jurisdiction as a member of the SRT may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities. The ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' individual police departments. Law enforcement efforts directed at dealing with these high risk criminal incidents have, ' for the most part, been conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle specific high risk criminal incidents, as well as VSRT 03-20-2007 INTERLOCAL AGREEMENT incidents involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of ,specialized expertise, and increased utilization/application of a combined special response team. This results in improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT. The SRT shall service each participating jurisdiction. The SRT may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SRT is to respond to specific high risk criminal incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the SRT by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. VSRT 03-20-2007 INTERLOCAL AGREEMENT The Board shall meet monthly, unless otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. The policies, regulations, and operational procedures in effect pursuant to the previous interlocal agreement shall be in effect without action of the Board and until such time as they are subsequently altered by the Board. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may No r be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. Board approval must be obtained for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the VSRT 03-20-2007 INTERLOCAL AGREEMENT finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the *old Board on legal issues affecting the SRT. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall, unless otherwise determined by the Board, be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, ,, 11.04 after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in VSRT 03-20-2007 INTERLOCAL AGREEMENT proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall ''i""' be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION Now It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or VSRT 03-20-2007 INTERLOCAL AGREEMENT sharing in the payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VSRT 03-20-2007 INTERLOCAL AGREEMENT XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities. The lead jurisdiction shall be the jurisdiction within °,4trse which the SRT response occurred; PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the SRT response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of$5,000 or Less. err i. Lead Jurisdiction Responsibilities. VSRT 03-20-2007 INTERLOCAL AGREEMENT The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the • lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination —Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the SRT. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such `" payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. VSRT 03-20-2007 INTERLOCAL AGREEMENT D. Claims over$5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. vow, Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4th Avenue South *OW Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 VSRT 03-20-2007 INTERLOCAL AGREEMENT Auburn Police Chief Kent Risk Manager 101 N. Division 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Des Moines: Federal Way: Des Moines City Clerk Federal Way City Clerk 21630 11th Avenue South, Suite A P.O. Box 9718 Des Moines, WA 98198 Federal Way, WA 98063 Des Moines City Attorney Federal Way City Attorney 21630 11th Avenue South, Suite C P.O. Box 9718 Des Moines, WA 98198 Federal Way, WA 98063 Des Moines Risk Manager Renton: 21630 11th Avenue South, Suite Des Moines, WA 98198 Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 Port of Seattle: CIAW: Port of Seattle Claims Manager Director of Claims P.O. Box 1209 Canfield &Associates, Inc. Seattle, WA 98111 451 Diamond Drive Ephrata, WA 98823 Tukwila: WCIA: City Clerk Claims Manager City of Tukwila WCIA 6200 Southcenter Blvd. P.O. Box 1165 Tukwila, WA 98043 Renton, WA 98057 svirovi VSRT 03-20-2007 INTERLOCAL AGREEMENT • XVIII. COMPLIANCE WITH THE LAW 14100, The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XIX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. VSRT 03-20-2007 INTERLOCAL AGREEMENT By signing below, the signor certifies that he or she has the authority to sign this Agregment on behalf of the jurisdiction, and the jursdiction agrees to the terms '.r�•men 4 APR -- 6 2007PP •, 6 2007 Ma er, City of Auburn Date City orne•, Oi of Au•urn Date 1-404,1•461-1 ` 4ro7 Ci Clerk, City of Auburn Date Mayor, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date VSRT 03-20-2007 INTERLOCAL AGREEMENT CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM (VSRT). WHEREAS, RCW 39.34 permits governmental units to enter into Interlocal Cooperative Agreements; and WHERAS, King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities; and WHEREAS, the ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' individual police departments, and WHEREAS, law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working independently, and WHEREAS, a multi-jurisdictional effort to handle specific high risk criminal incidents, as well as incidents involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined special response team, and 1 RESOLUTION NO. WHEREAS, a multi-jurisdictional effort results in improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost ,0001 effectiveness, and WHEREAS, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and, the Port of Seattle desire to participate in such a multi jurisdictional effort by participating in the Valley Special Response Team (VSRT); and WHERAS, it is necessary to document through an Interlocal Cooperative Agreement the terms and conditions under which the Valley Special Response Team (VSRT) will operate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are true and correct in all respects. SECTION II. The City Council authorizes the Mayor and City Clerk to sign the Interlocal Agreement between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Creation of the Valley Special Response Team (VSRT). PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1268:05/10/07:ch 2 CITY OF RENTON COUNCIL AGENDA BILL AIN: Submitting Data: Commander McClincy For Agenda of: May 21, 2007 kkbe, Dept/Div/Board.. Police Department Staff Contact Commander McClincy x7555 Agenda Status Consent X Subject: Public Hearing.. Red Light/School Zone Photo Enforcement Correspondence.. Ordinance X Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information X Cooperative Purchasing Agreement American Traffic Solutions Contract with the City of Seattle Interlocal Cooperation Act RCW 39.34 Draft Ordinance 10.12.15 Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $306,000 (full year) Transfer/Amendment Amount Budgeted $136,800 Revenue $434,880 Generated* Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton plans to implement the use of traffic enforcement cameras for red light and speeding enforcement at selected school zones in Renton. To begin the program, the City plans to use the City of Seattle's contract to purchase professional services from the vendor, American Traffic Solutions. A resolution is attached. In addition, Renton Municipal Code must be amended to set the infraction amount at an amount no greater than the parking fee amount, which is consistent with state law. *Estimated costs and revenues are listed as full-year annual estimates; the program will only be in operation for half the year in 2007 and the City will not realize the full cost or revenue impacts until after several months of operation. Staffing impacts to the Municipal Court, City Attorney and Police Department will be separately estimated and requested once the City has had several months of experience with the program. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk by resolution to sign the Cooperative Purchasing Agreement with the City of Seattle to allow Renton to benefit from Seattle's purchasing power; to sign the contract with American Traffic Solutions and approve the new section of the Renton Municipal Code 10-12-15 - Traffic Safety Cameras. Rentonnet/agnbill/ bh ti`SY 0� POLICE DEPARTMENT %NI 40 ' ♦ MEMORANDUM DATE: April 30th, 2007 TO: Toni Nelson, Council President Members of the Renton City Council rr VIA: Kathy Keolker, Mayor FROM: Kevin Milosevich, Police Chief Gregg Zimmerman, Administrator STAFF CONTACT: Katie McClincy, Police Commander Chris Barnes, Transportation Operations Manager Joe McGuire, Court Services Director SUBJECT: Red Light/School Zone Photo Enforcement ISSUE: Noe Should the City of Renton implement a photo enforcement program at specified intersections and school zones in the City of Renton? Should the Renton City Council authorize the Mayor to enter into a cooperative purchasing agreement with the City of Seattle in order to purchase photo enforcement services from the City of Seattle's established contract with American Traffic Solutions? BACKGROUND: Most cities across the country are struggling with both budgetary and staffing issues at the same time that demands for service are increasing. Community growth has added increased traffic loads on Renton roadways. Heavy traffic and congestion contributes to greater risk taking by drivers. This increases the need for traffic enforcement and efficient traffic engineering. As budgets shrink and demands increase, photo enforcement is seen by law enforcement as a viable solution to address these demands. Photo enforcement technology uses a camera to capture an image of specific vehicles as a result of specific illegal actions. Unlike random camera surveillance which is indiscriminate, photo enforcement is intended to capture a photo of the license plate and violation.. In 2005, the Washington State Legislature passed Senate Bill 5060, allowing Washington cities to use automated traffic cameras to enforce specific traffic laws: s, • Red light photo enforcement at intersections where two arterials meet; is\red light&school zone issue paper mw.doc Toni Nelson,Council President Page 2 of 2 April 30`h,2007 • Photo enforcement of speed in school zones; and • Photo enforcement at railroad crossings ',4010 Renton would benefit from photo enforcement at specified intersections and school zones, but the need for such a program does not exist at railroad crossings. In 2006, the City of Seattle entered into a contract with American Traffic Solutions (ATS) for red light photo enforcement. The City of Seattle is using red light photo enforcement at a large number of intersections, and therefore was able to negotiate a fee per approach at a lower rate than public agencies enacting smaller photo enforcement programs could most likely negotiate. The City of Seattle included in this contract the provision that other public agencies having a cooperative purchasing agreement with the City of Seattle may purchase from contracts established by the City of Seattle per the Revised Code of Washington Title 39.34. (See paragraph 44, titled Interlocal Cooperation Act, of the contract between the City of Seattle and American Traffic Solutions). City of Renton staff met with several vendors of photo enforcement services, and recommends American Traffic Solutions as a firm capable of providing high quality services and support for photo enforcement at a lower cost than other vendors. The City's General Fund would receive potential revenue of$434,880 per year, assuming three intersection approaches and three school zones, for a total of six cameras. Estimates are based on infractions per day/per camera, and considering a failure to appear rate and fee mitigation. Potential program costs would not exceed revenues, and the City expects to gain several months of experience before requesting additional expenditure authority for the Police Department, Municipal Court, and City Attorney's Office. RECOMMENDATION: The Administration recommends that the City of Renton implement a photo enforcement program, authorize, by resolution, the execution of an interlocal agreement with the City Seattle, and enter into a contract with American Traffic Solutions for photo enforcement services. is\red light&school zone issue paper mw.doc Red Light Traffic Enforcement-Estimated Costs and Revenues (input into shaded cells only) Basic Service Activity Monthly Annual Notes Number of intersections 3 3 intersections Number of cameras(or number of approaches per intersection) 1 Each with one approach Number of infractions per day per camera 10 Average in other cities is 12 violations;8-10 result in approved infractions Days per month(average) 30.5 Assume 365 days/year Number of school zones 3 3 approaches Number of cameras(or number of approaches per intersection) 1 Each with one camera Number of infractions per day per camera 30 Approved infractions;per ATS,cameras monitoring speed generate 3x infractions Days per month(average) 15.0 Assume 180 days/year Infractions generated per approach(intersections x an cameras x infractions/day x days) 2,265 27,180 When this number exceeds 800 per camera,a fee is charged for mailing If only 40%pay...here's the number of infractions/month we're working with 906 ESTIMATED COSTS: Monthly Annual Monthly fee per camera($3750/camera/intersection,$4750/camera/school zone) $ 25,500 $ 306,000 Court handles data entry,payments,court,collections;could bundle optional services for higher monthly fee OR if it's just per intersection/zone... $ 25,500 $ 306,000 ESTIMATED REVENUES Fine amount per infraction $ 101 Initial fine amount;judge may choose to reduce it Assume reduced fine due to appeal $ 50 Best guess;would not want to pre-suppose what judge would do Monthly Annual Total infractions'fine amount=maximum revenue that could be generated $ 228,765 $2,745,180 THEN Assume payment rate of 70%at 100%of fine(ATS assumptions) $ 160,136 $1,921,626 Per Adam Tuton,ATS,#is 30%FTA.Law:after 2 FTA,tabs won't be renewed OR Estimated infractions/month,FTA rate of 60%,50%appealed&paid at 50%of fine $ 68,403 $ 820,836 OR Estimated infractions/month,FTA rate of 60%,100%appealed&paid at 50%of fine $ 45,300 $ 543,600 OR All assumptions above PLUS 20%payment delinquency $ 36,240 $ 434,880 Most conservative assumption CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF SEATTLE IN ORDER TO JOINTLY BID THE ACQUISITION OF GOODS AND SERVICES, INCLUDING A TURNKEY TRAFFIC SAFETY CAMERA SYSTEM. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between government agencies; and WHEREAS, the cities of Renton and Seattle desire to use each other's procurement agreements when it is in their mutual interest; and WHEREAS, it is in the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance, and to authorize the acquisition of NS goods and services, and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies; and WHEREAS,this Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other government agencies; and 1 RESOLUTION NO. WHEREAS, each party reserves the right to contract independently for the acquisition of goods and services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity; and WHEREAS, under the Agreement, Renton and Seattle may purchase from either of each others' contracts that were awarded based on a bid; and WHEREAS, it is necessary to document the terms and conditions of the Interlocal Cooperative Purchasing Agreement between the cities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are authorized to enter into an Interlocal Cooperative Purchasing Agreement with the City of Seattle in order to jointly bid the acquisition `'4•rr of goods and services, including a turnkey traffic safety camera system. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1233:3/6/07:ma 2 COOPERATIVE PURCHASING AGREEMENT In accordance with RCW Chapter 39.34 and all other applicable laws, The City of Seattle and the City of Renton, hereby agree to cooperative governmental purchasing for various supplies, materials, equipment, and expert and/or consultant services, using competitively awarded contracts. The following terms and conditions apply: 1. Each agency, in contracting for the purchase of supplies, materials, equipment and services, agrees at its discretion, to extend contracts for shared use to the extent permitted by law and agreed upon by those parties and vendors. 2. Each agency is responsible for compliance with any additional or varying laws and regulations regarding purchases. 3. Any purchases shall be effected by a purchase order from the purchasing agency and directed to the vendor(s). 4. The originating contracting agency does not accept responsibility or liability for the performance of any vendor used by the purchasing agency as a result of this agreement. 5. Each agency shall be responsible for the payment of any item(s) purchased through a contract or purchase order that resulted from this Agreement. 6. This Agreement shall remain in force until cancelled in writing by either party. Nod Accepted for the City of Renton Accepted for the City of Seattle: By: By: Kathy Keolker, Mayor Name: Nancy Locke Title: City Purchasing Manager Attest: : Date: Bonnie Walton, City Clerk Approved as to legal form: Lawrence J. Warren, City Attorney Date: VENDOR CONTRACT The City of Seattle Vendor Contract# Date Change Order PURCHASING SERVICES 0000001617 1/20/06 700—5th Ave Suite 4112 P.O.Box 94687 Payment Terms Freight Terms Seattle,WA 98124-4687 Net 30 days NA Buyer FAX: Phone: Michael Mears 206-233-5155 206-684-4570 Vendor#: 0000219034 ship To: AMERICAN TRAFFIC SOLUTIONS, INC. Seattle Police Department 14861 N Scottsdale Rd Ste 109 Attn: Michael Quinn Scottsdale, AZ 85254-2788 610 51'Ave Seattle WA 98104 Contact: Adam Tuton Bill To: Phone#: 480-368-0900 Ext. 207 Seattle Police Department Fax#: 480-607-0901 Attn: Michael Quinn E-mail: adam_tuton4atsol.com P.O. Box 34986 Internet: www.atsol.com Seattle WA 98124-4986 AMERICAN TRAFFIC SOLUTIONS is awarded a contract to FURNISH A TURNKEY TRAFFIC SAFETY CAMERA SYSTEM in accordance with the attached contract titled the same, dated 1/20/06 and Work Now Order One, Exhibit A. Contract Period: 1120/06 through 1/19/11 with the option to extend for five (5) additional years. Work Orders shall be placed by the Seattle Police Department only. Invoices shall be mailed in duplicate to the Seattle Police Department,Attn: Michael Quinn, at the address shown above. Each invoice shall indicate Vendor Contract#0000001617. This contract is subject to cancellation by the City at the conclusion of the 12-month pilot. Continuation of this contract is contingent upon maintenance of insurance as indicated, and in accordance with "Insurance Requirements",Attachment#1 to RFP#POL-177. Current documents on file with Purchasing Services indicate policy expires 11/17/06. For all contract administrations issues, please direct them to Michael Mears, Sr. Buyer, Purchasing Services at 206-684-4570 or michael.mearsseattle.gov Authorized ignature/Date 476# ��A0%% Vendor Contract# 1617 �wr►� City of Seattle CONTRACT FOR A TURNKEY TRAFFIC SAFETY CAMERA SYSTEM //20/a This Contract is made effective (the"Effective Date"),and entered into by and between the City of Seattle("Seattle"),a Washington municipal corporation;and American Traffic Solutions("ATS",herein referred to"Contractor"),a corporation of the State of Kansas,and authorized to do business in the State of Washington. Contractor American Traffic Solutions, Inc. Representative Adam E.Tuton,EVP/COO Address 14861 N Scottsdale Rd Ste 109,Scottsdale AZ 85254 Phone 480-368-0900 x207 Fax 480-607-0901 E-mail adam.tutonetlatsol.com Whereas,the City of Seattle acting by and through the Police Department conducted an open,competitive acquisition process and issued a Request for Proposal,dated September 30,2005 for the purpose of obtaining a Turnkey Traffic Safety Camera System;and Whereas,Contractor submitted a timely Response,and after evaluation,was identified as the Apparent Successful Contractor; and, Whereas, the purpose of this contract is to acquire the services of ATS to furnish the City with a turnkey traffic safety camera system. NOW,THEREFORE,in consideration of the terms,conditions,covenants,and performance of the scope of work contained herein,as attached and made a part hereof,Seattle and Contractor mutually agree as follows: 1. Entire Agreement: This Contract,including all attachments,amendments and subsequently issued change notices,comprises the entire agreement between the City of Seattle and the Contractor. The City's Contract and Work Orders, the addendum to the RFP, RFP,the Contractor's proposal,including all attachments,are explicitly included in this Contract. Where there are conflicts among these documents,the controlling document will be in that same sequence,with the first taking priority over the last listed. No verbal agreement or conversation between any officer,agent,associate or employee of Seattle and any officer,agency,employee or associate of the Contractor prior to the execution of this Contract shall affect or modify any of the terms or obligations contained in this Contract. 2. Term: The term of this Contract shall commence on the date the City's Buyer signs the same and shall expire five(5)years from that date. The City,at its sole discretion,may extend the term of the contract for an additional five(5)years for a total of ten(10) years. 3. Work Order Methodoloam for Approved Work under this Contract: 3.1 Work Order Procedure ATS shall provide the City the Camera Systems as specified in work orders issued under this Agreement. Each work order shall be a written document having its own specific Scope of Work("Work Order Scope of Work")identifying the services to be performed and the associated deliverables to be provided and payment terms.Each work order shall be subject to the terms and conditions of this Agreement and shall be incorporated into this Agreement by this reference.ATS shall furnish the City with an integrated turnkey solution;that is, services identified in the work orders shall be provided as a single,complete transaction and not as separate items. 3.2 Work Order#1 Work Order#1 consists of the documents listed in Addendum A to this Contract. Except for items listed as City responsibilities in Work Order#1,ATS shall furnish all services,labor,materials,documentation,equipment,and software to install and test the Camera System, and to provide the specified training,warranties,and maintenance for the System. Page 1 revised:1/17/06 Vendor Contract# 1617 3.3 Notice to Proceed on Tasks Identified in Work Orders The execution of this Agreement shall constitute the City's notice to ATS to proceed with Work Order#1. For each subsequent work order under this Agreement,ATS shall commence work upon issuance of a written notice to proceed from the City. 3.4 Additional Work Orders Additional work orders issued under this Agreement may be generated by the City for the following purposes: • Upgrade(s)of equipment,software,or change(s)of any deliverable provided hereunder;and • Any other items related to red light traffic safety system for which the City places an order. For any work order(s)requested by either party subsequent to Work Order#1,ATS shall submit a detailed proposal for the scope, implementation plan,milestones,test and acceptance procedures,as well as the cost consistent with previous work orders,the RFP and RFP response and submit to the City for its review and approval. Once this proposal is received and approved by the City,a new work order will be issued for the change or additional work.Upon the City's written approval and notice to proceed,ATS shall implement the change or additional work and invoice for the changed or additional work consistent with the City's approval notice and the terms and conditions of this Agreement. 4. Schedule: Unless the City's Buyer requests a change in schedule,the Contractor shall deliver the items or render the services by the date(s)shown in the"Scope of Work"in Work Order#1 contained in Addendum A. At the City's option,Contractor's failure to timely deliver or perform may require expedited shipping at Contractor's expense,or may be cause for termination of the Contract and the return of all or part of the items at Contractor's expense. If Contractor anticipates difficulty in meeting the schedule,the Contractor shall promptly notify the City's Buyer of such difficulty and the length of the anticipated delay. 5. Payment: Seattle agrees to compensate as specified herein or attached,in consideration of acceptable Contractor performance. Payment shall only be made for services performed,after acceptance and authorization by the City. Such payment shall be made within thirty(30)days after the City's receipt and acceptance of the services.Payment periods will be computed from the date of the acceptance by the City of completion of all services,or the date of receipt of a correct invoice, whichever date is later.This section is not intended to restrict partial payments that are specified in the contract. 6. Invoices: Invoices must show a breakdown of services provided and price for each. Only designated City staff may place work order(s). Invoices must specify the name and phone number of the City employee who placed the order. 7. Taxes.Fees and Licenses. Taxes: Where required by state statute,ordinance or regulation,Contractor shall pay for and maintain in current status all taxes that are necessary for contract performance. Unless otherwise indicated, Seattle agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. No charge by the Contractor shall be made for federal excise taxes and Seattle agrees to furnish Contractor with an exemption certificate where appropriate. Fees and Licenses: Contractor shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the Contractor's sole responsibility to monitor and determine any changes or the enactment of any subsequent requirements for said fees,assessments,or charges and to immediately comply with said changes during the entire term of this Contract. Contractor must pay all custom duties, brokerage or import fees where applicable as part of the contract price. Contractor shall take all necessary actions to ensure that materials or equipment purchased are expedited through customs. 8. Pricing. Any adjustments in pricing shall be consistent with solicitation specifications. If none,the following section shall apply: Pricing shall be fixed and firm throughout the original contract term of 5 years.Thereafter,written request for price increases shall only be considered upon the contract anniversary date(at least 45-days prior to the contract anniversary date). Such requests shall consider the following: • Price request shall be no greater than the total of changes to the CPI Index for Seattle or other pricing index appropriate to the particular product herein; • Clearly identify the items impacted by the increase; • Be accompanied by documentation acceptable to the Buyer sufficient to warrant the increase; • And remain firm for a minimum of 365 days. Page 2 revised:1/17/06 Vendor Contract# 1617 The request shall be considered by the Buyer and may be accepted or rejected. Failure to submit a price request at least 45-days prior to the contract anniversary date,shall result in a continuation of all existing pricing on the contract until the next contract anniversary date. The decision to accept any price increase will be at the sole discretion of the Buyer. The Buyer may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or for other circumstances beyond the control of both parties,in the opinion of the Buyer. 9. Contract Notices, Official Contract notices shall be delivered to the following addresses(or such other address(es)as either party may designate in writing): If delivered by the U.S.Postal Service,it must be addressed to: Michael Mears City of Seattle Purchasing and Contracting Services PO Box 94687 Seattle,WA 98124-4687 If delivered by other than the U.S.Postal Service,it must be addressed to: Michael Mears City of Seattle Purchasing and Contracting Services 700 5th Ave.,#4112 Seattle,WA 98104-5042 Phone:206-684-4570 Fax:206-233-5155 E-Mail:michael.mears@seattle.gov Project work,invoices,and related communications shall be delivered to the City Project Manager: Michael Quinn Seattle Police Department 610 5th Avenue P.O.Box 34986 Seattle, WA 98124-4986 Phone: 206-615-1230 Fax: 206-386-9851 E-mail:michael.quinn@seattle.gov 10. Representations. Contractor represents and warrants that it has the requisite training,skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. 11. Warranties: Contractor warrants that all materials,equipment,and/or services provided under this Contract shall be fit for the purpose(s)for which intended,for merchantability,and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by Seattle shall not alter or affect the obligations of the Contractor or the rights of Seattle. 12. Independent Contractor, It is the intention and understanding of the Parties that Contractor shall be an independent contractor and that Seattle shall be neither Iiable for nor obligated to pay sick leave,vacation pay or any other benefit of employment,nor to pay any social security or other tax that may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of the Contractor shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may or will be performing work during the term for other parties and that Seattle is not the exclusive user of the services that Contractor provides. 13. Inspection. Work shall be subject,at all times,to inspection by and with approval of Seattle,but the making(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract,notwithstanding Seattle's knowledge of defective or noncomplying performance,its substantiality or the ease of its discovery. Contractor shall provide sufficient,safe,and proper facilities and equipment for such inspection and free access to such Page 3 revised:1/17/06 Vendor Contract# 1617 '11isefacilities. 14. Performance. Acceptance by-Seattle of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach,or terminate the contract,nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor. 15. Affirmative Efforts for Utilization of Women and Minority Subcontracting and Employment,Non discrimination in providing services Employment Actions: Contractor shall not discriminate against any employee or applicant for employment because of race, religion,creed,age,color,sex,marital status,sexual orientation,gender identity,political ideology,ancestry,national origin,or the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification. Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their creed,religion,race,age,color,sex,national origin,marital status,political ideology,ancestry,sexual orientation,gender identity,or the presence of any sensory,mental or physical handicap. Such action shall include,but not be limited to the following: employment,upgrading,promotion,demotion,or transfer;recruitment or recruitment advertising,layoff or termination,rates of pay, or other forms of compensation and selection for training,including apprenticeship. The Contractor shall post in conspicuous places,available to employees and applicants for employment,notices as provided by the City setting forth the provisions of this nondiscrimination clause. Recordkeeping for Employment Actions: The Contractor shall furnish to the Director of Executive Administration(or his/her designee),upon request and on such form as may be provided therefore,a report of the affirmative action taken by the Contractor in implementing the requirements of affirmative efforts in employment actions,and will permit access to the Contractor's records of employment,employment advertisements,application forms,other pertinent data and records requested by the Director of Executive Administration for the purposes of investigation to determine compliance with the requirements of affirmative efforts in employment actions. Affirmative Efforts in Subcontracting: The Contractor shall utilize affirmative efforts to promote and encourage participation by women-owned and minority-owned businesses on subcontracting opportunities within the Contract scope of work. Contractor agrees to such efforts as a condition of this Contract. Affirmative efforts shall include those included in the Contractor's bid. Record-Keeping for Subcontracts: The Contractor shall maintain,for at least 12 months after expiration or earlier termination of the term of this Contract,relevant records and information necessary to document the Contractor's affirmative efforts to achieve women and minority business participation,including solutions to subcontractors and suppliers,all subcontractor and supplier proposals received,and all subcontractors or suppliers utilized under this Contract.The City shall have the right to inspect and copy such records. Additionally,the Contractor shall furnish to the Director of Executive Administration(or his/her designee),upon request and on such form as may be provided therefore,a report of the affirmative action taken by the Contractor in implementing the requirements of affirmative efforts in subcontracting for the purposes of investigation to determine compliance with the requirements affirmative efforts in subcontracting. Non-Discrimination in Providing Services: The Contractor shall not create barriers to open and fair opportunities for women-owned and minority-owned businesses to participate in any City contract and to obtain or compete for contracts and subcontracts as sources of supplies,materials,equipment,and services. The Contractor shall ensure that all of its employees,particularly supervisors,are aware of and adhere to their obligations to maintain a working environment free from discriminatory conduct,including but not limited to harassment and intimidate of minorities, women,and women-owned and minority-owned businesses. Investigation: If upon investigation,the Director of Executive Administration finds probable cause to believe that the Contractor has failed to comply with any of the requirements of this Section,the Contractor shall be so notified in writing. The Director of Executive Administration shall give the Contractor an opportunity to be heard,after ten calendar days'notice. If,after the Contractor's opportunity to be heard,the Director of Executive Administration still finds probable cause,he/she may suspend the Contract and/or withhold any funds due or to become due to the Contractor,pending compliance by the Contractor with the requirements of this Section. Sanctions for Violation: Any violation of the mandatory requirements of this Section,or a violation of Seattle Municipal Code Chapter 14.04(Fair Employment Practices),Chapter 14.10(Fair Contracting Practices),Chapter 20.45(City Contracts—Non- Discrimination in Benefits),or other local,state,or federal non-discrimination laws,shall be a material of contract for which the Contractor may be subject to damages and sanctions provided for by the Contract and by applicable law. In the event the fir✓ Page 4 revised:1/17/08 Vendor Contract# 1617 Contractor is in violation of this Section shall be subject to debarment from City contracting activities in accordance with Seattle Municipal Code Section 20.70(Debarment). 16. Equal Benefits. A. Compliance with SMC Ch.20.45:The Contractor shall comply with the requirements of SMC Ch.20.45 and Equal Benefits Program Rules implementing such requirements,under which the Contractor is obligated to provide the same or equivalent benefits("equal benefits")to its employees with domestic partners as the Contractor provides to its employees with spouses. At Seattle's request,the Contractor shall provide complete information and verification of the Contractor's compliance with SMC Ch 20.45. Failure to cooperate with such a request shall constitute a material breach of this Contract. (For further information about SMC Ch. 20.45 and the Equal Benefits Program Rules call(206)684-0430 or review information at littp://cityofseattle.net/contract/equalbenefits/.) B. Remedies for Violations of SMC Ch.20.45: Any violation of this section shall be a material breach of Contract for which the City may: a. Require the Contractor to pay actual damages for each day that the Contractor is in violation of SMC Ch.20.45 during the term of the Contract;or b. Terminate the Contract;or c. Disqualify the Contractor from bidding on or being awarded a City contract for a period of up to five(5)years;or d. Impose such other remedies as specifically provided for in SMC Ch.20.45 and the Equal Benefits Program Rules promulgated there under. 17. Publicity: No news release,advertisement,promotional material,tour,or demonstration related to the City's purchase or use of the Contractor's product or any work performed pursuant to this Contract shall be produced,distributed or take place without the prior, specific written approval of the City's Project Manager or his/her designee. 18. Proprietary and Confidential Information: Contractor's Understanding and Obligations: 1. Contractor understands that any records(including but not limited to bid or proposal submittals,the Agreement, and any other contract materials)it submits to the City,or that are used by the City even if the Contractor possesses the records,are public records under Washington State law,RCW Chapter 42.17. Public records must be promptly disclosed upon request unless a statute exempts them from disclosure.The Contractor also understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed. 2. Contractor must separate and clearly mark as"proprietary"all records related to this Agreement or the performance of this Agreement that the Contractor believes are exempt from disclosure. The Contractor is familiar with potentially-applicable public-disclosure exemptions and the limits of those exemptions,and will mark as"proprietary"only information that the Contractor believes legitimately fits within an exemption and will state the statutory exception upon which it is relying. 3. If Seattle notifies the Contractor under Paragraph B 2 of a public disclosure request,and the Contractor believes records are exempt from disclosure,it is the Contractor's responsibility to make determination and pursue a lawsuit under RCW 42.17.330 to enjoin disclosure.The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary decision whether to file the lawsuit. 4. If the Contractor does not timely obtain and serve an injunction,the Contractor is deemed to have authorized releasing the record. 5. Notwithstanding the above,the Contractor must not take any action that would affect(a)the City's ability to use goods and services provided under this Agreement or(b)the Contractor's obligations under this Agreement. 6. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. Page 5 revised: 1/17/06 Vendor Contract# 1617 'Now" The City's Obligations I. The City will not disclose those parts of records the Contractor has marked as"proprietary"information to authorized persons unless:(a)the City discloses the records in response to a public disclosure request or(b)the Contractor has given the City express advance written permission to disclose the records."Authorized persons"means those City officers,employees, contractors and consultants for whom the proprietary information is necessary to perform their duties or obligations to the City. The term"proprietary information"does not include ideas,concepts,know-how or techniques related to any information that,at the time of disclosure,is in the public domain,unless the entry of that information into the public domain is a result of a breach of this Agreement. 2. If the City receives a public disclosure request for records that the Contractor has marked as"proprietary"information,the City may promptly notify the Contractor of the request.The City may postpone disclosing these records for ten business days after it has sent notification to the Contractor,in order to allow the Contractor to file a lawsuit under RCW 42.17.330 to enjoin disclosure.It is the Contractor's discretionary decision whether to file the lawsuit. 3. If the City has notified the Contractor of a public disclosure request,and the Contractor has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice,the City will then disclose the record. 4. The City has no other obligations concerning records the Contractor has marked as"proprietary information"under this Agreement.The City has no obligation to claim any exemption from disclosure.The City is not obligated or liable to the Contractor for any records that the City releases in compliance with this Section or in compliance with the order of a court of competent jurisdiction. 19. Indemnification: To the extent permitted by law,the Contractor shall protect,defend,indemnify and hold the City harmless from and against all claims,demands,damages,costs,actions and causes of actions,liabilities,judgments,expenses and attorney fees, resulting from the injury or death of any person or the damage to or destruction of property,or the infringement of any patent, copyright,trademark or trade secret,arising out of the work performed or goods provided under this Contract,or the Contractor's violation of any law,ordinance or regulation,except for damages resulting from the sole negligence of the City. As to the City of 4,610, Seattle,the Contractor waives any immunity it may have under RCW Title 51 or any other Worker's Compensation statute. The parties acknowledge that this waiver has been negotiated by them,and that the contract price reflects this negotiation. 20. Insurance: Should the City not provide any insurance requirements to the contrary within the solicitation and/or attached,the following requirements shall be in effect. Contractor shall maintain at its own expense at all times during the term of this Contract the following insurance with limits of liability consistent with those generally carried by similarly situated enterprise: (1) Commercial General Liability insurance,including premises/operations,products/completed operations, personal/advertising injury,contractual liability,fire legal/tenant liability,stop gap/employer's liability and independent contractors liability;(2)if any vehicle,watercraft or aircraft is used in the performance of this Purchase Order/Contract, of a minimum of$1,000,000 per occurrence; (2) Automobile Liability,Watercraft Liability and/or Aircraft Liability insurance,including coverage for owned,non- owned,leased or hired vehicles,watercraft and aircraft,as appropriate of a minimum of$500,000 per occurrence;;and (3) Worker's Compensation("Industrial Insurance")as required by Title 51 of the Revised Code of Washington. (4) The insurance as provided under items(1)and(2)above shall include by endorsement the City of Seattle as an additional insured(as respects item(1),per ISO form CG 20 10 or CG 20 26 or equivalent additional insured endorsement wording,or equivalent blanket additional insured policy wording)and such additional insured status for the City shall apply as respects the full limits of all valid and collectible Automobile Liability,Watercraft Liability and/or Aircraft Liability insurance,whether primary,excess,contingent,or otherwise;shall be primary insurance as respects the City,and any other insurance or self-insurance maintained by the City shall be excess and non- contribututory with the Contractor's insurance;and,shall be placed with insurers with not less than an A-VII A.M. Best's rating unless insurance has been procured under the provisions of chapter 48.15 RCW(Unauthorized"Surplus Lines"Insurers). It is specifically agreed that the insurance requirements in this section 2.18 shall override any limitation of liability or similar provision in any agreement or statement of work between the City and the Contractor and that no Contractor's insurer shall assert the right to invoke any such limitation. �tlrr►` Page 6 revised:1/17/06 Vendor Contract# 1617 (5) Contractor shall not be required to provide evidence of insurance,unless required to do so under the solicitation or as otherwise required by the City Buyer,and should additional insurance requirements(including but not limited to higher limits of liability)be specified in the solicitation or otherwise are attached,those requirements shall apply. 21. Audit. Upon request, Contractor shall permit Seattle, and any other governmental agency involved in the funding of the Work ("Agency"), to inspect and audit all pertinent books and records of Contractor,any subcontractor, or any other person or entity that performed work in connection with or related to the Work,at any and all times deemed necessary by Seattle or Agency,including up to six years after the final payment or release of withheld amounts has been made under this Contract. Such inspection and audit shall occur in King County, Washington or other such reasonable location as Seattle or Agency selects. The Contractor shall supply Seattle with, or shall permit Seattle to make,a copy of any books and records and any portion thereof. The Contractor shall ensure that such inspection,audit and copying right of Seattle and Agency is a condition of any subcontract,agreement or other arrangement under which any other person or entity is permitted to perform work under this Contract. 22. Contractual Relationship. The relationship of Contractor to Seattle by reason of this Contract shall be that of an independent contractor. This Contract does not authorize Contractor to act as the agent or legal representative of Seattle for any purpose whatsoever. Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of Seattle or to bind Seattle in any manner or thing whatsoever. 23. Supervision and Coordination. Contractor shall: • Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein. • Designate in its bid or proposal to Seattle, a representative(s) with the authority to legally commit Contractor's firm. All communications given or received from the Contractor's representative shall be binding on the Contractor. • Promote and offer to Purchasers only those materials, equipment and/or services as stated herein and allowed for by contractual requirements. Violation of this condition will be grounds for contract termination. 24. Compliance with Law: General Requirement: The Contractor,at its sole cost and expense,shall perform and comply with all applicable laws of the United States and the State of Washington;the Charter,Municipal Code,and ordinances of The City of Seattle;and rules, regulations,orders,and directives of their respective administrative agencies and officers. Licenses and Similar Authorizations: The Contractor,at no expense to the City,shall secure and maintain in full force and effect during the term of this Contract all required licenses,permits,and similar legal authorizations,and comply with all related requirements. Taxes: The Contractor shall pay,before delinquency,all taxes,import duties,levies,and assessments arising from its activities and undertakings under this Contract; taxes levied on its property,equipment and improvements;and taxes on the Contractor's interest in this Contract. 25. Americans with Disabilities Act: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990(ADA)in performing its obligations under this Contract. In particular,if the Contractor is providing services,programs, or activities to City employees or members of the public as part of this Contract,the Contractor shall not deny participation or the benefits of such services,programs,or activities to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of,and grounds for the immediate termination of,this Contract. 26. OSHA/WISHA. Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA),as may be amended,and,if it has a workplace within the State of Washington,the Washington Industrial Safety and Health Act of 1973 (WISHA),as may be amended,and the standards and regulations issued thereunder and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor's failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply. 27. Assignment and Subcontracting: Contractor shall not assign or subcontract any of its obligations under this Contract without Seattle's written consent, which may be granted or withheld in Seattle's sole discretion. Any subcontract made by Contractor shall Nod Page 7 revised: 1/17/06 Vendor Contract# r 1617 incorporate by reference all the terms of this Contract except for Equal Benefit provisions. Contractor shall ensure that all subcontractors comply with the obligations and requirements of the subcontract, except for Equal Benefit provisions. Seattle's consent to any assignment or subcontract shall not release the Contractor from liability under this Contract,or from any obligation to be performed under this Contract,whether occurring before or after such consent,assignment,or subcontract. 28. Involvement of Former City Employees: Contractor shall promptly notify Seattle in writing of any person who is expected to perform any of the Work and who, during the twelve (12) months immediately prior to the expected commencement date of such work or subcontract,was a City officer or employee. Contractor shall ensure that no Work or matter related to the Work is performed by any person(employee,subcontractor,or otherwise)who was a City officer or employee within the past twelve(12)months;and as such was officially involved in, participated in,or acted upon any matter related to the Work, or is otherwise prohibited from such performance by SMC 4.16.075. 29. Anti-Trust: Seattle maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore the Contractor hereby assigns to Seattle any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to Seattle under an escalation clause. 30. No Conflict of Interest: Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is,or will be involved in the Contractor selection,negotiation,drafting,signing,administration,or evaluating the Contractor's performance. 31. Gratuities: Contractor shall not directly or indirectly offer gifts and resources to any person employed by the City that is intended, or may be reasonably intended,to benefit the Vendor by way of award,administration,or in any other way to influence purchasing decisions of the City. This includes but is not limited to,City Purchasing office employees and City employees that do business with, order,purchase or are part of decision-making for business,contract or purchase decisions. The Vendor shall not offer meals,gifts, gratuities,loans,trips,favors,bonuses,donations,special discounts,work,or anything of economic value to any such City employees. This does not prohibit distribution of promotional items that are less than$25 when provided as part of routine business activity such as trade shows. Any violation of this provision may result in termination of this Contract. Nothing in this Contract Name prohibits donations to campaigns for election to City office,so long as the donation is disclosed as required by the election campaign disclosure laws of the City and of the State. 32. Intellectual Property Rights. Patents: Contractor hereby assigns to Seattle all rights in any invention,improvement,or discovery,together with all related information,including but not limited to,designs,specifications,data,patent rights and findings developed in connection with the performance of Contract or any subcontract hereunder. Notwithstanding the above,the Contractor does not convey to Seattle,nor does Seattle obtain,any right to any document or material utilized by Contractor that was created or produced separate from this Contract or was preexisting material(not already owned by Seattle),provided that the Contractor has clearly identified in writing such material as preexisting prior to commencement of the Work. To the extent that preexisting materials are incorporated into the Work,the Contractor grants Seattle an irrevocable,non-exclusive,fully paid,royalty-free right and/or license to use,execute, reproduce,display,and transfer the preexisting material,but only as an inseparable part of the Work. Copyrights: For materials and documents prepared by Contractor in connection with the Work,Contractor shall retain the copyright (including the right of reuse)whether or not the Work is completed. Contractor grants to Seattle a non-exclusive, irrevocable, unlimited,royalty-free license to use every document and all other materials prepared by the Contractor for Seattle under this Contract. If requested by Seattle,a copy of all drawing,prints,plans,field notes,reports,documents,files, input materials,output materials,the media upon which they are located(including cards,tapes,discs and other storage facilities),software programs or packages(including source code or codes,object codes,upgrades,revisions,modifications,and any related materials)and/or any other related documents or materials which are developed solely for,and paid for by,Seattle in connection with the performance of the Work,shall be promptly delivered to Seattle. Seattle may make and retain copies of such documents for its information and reference in connection with their use on the project. The Contractor does not represent or warrant that such documents are suitable for reuse by Seattle,or others,on extensions of the project,or on any other project.Contractor represents and warrants that it has all necessary legal authority to make the assignments and grant the licenses required by this Section. 33. No personal liability: No officer,agent or authorized employee of the City shall be personally responsible for any liability arising tP Page 8 revised: 1/17/06 Vendor Contract# 1617 under this Contract,whether expressed or implied,nor for any statement or representation made herein or in any connection with this Contract. 34. Binding Effect: The provisions,covenants and conditions in this Contract apply to bind the parties,their legal heirs,representatives, successors,and assigns. 35. Waiver: No covenant,term or condition or the breach thereof shall be deemed waived,except by written consent of the party against whom the waiver is claimed,and any waiver of the breach of any covenant,term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant,term or condition. Neither the acceptance by Seattle of any performance by the Contractor after the time the same shall have become due nor payment to the Contractor for any portion of the Work shall constitute a waiver by Seattle of the breach or default of any covenant,term or condition unless otherwise this is expressly agreed to by Seattle,in writing. The City's failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or the City's waiver of any breach hereunder shall not thereafter waive any other term,condition, or privilege, whether of the same or similar type. 36. Applicable Law: This Contract shall be construed under the laws of the State of Washington. The venue for any action relating to this Contract shall be in the Superior Court for King County,State of Washington. 37. Remedies Cumulative: Remedies under this Contract are cumulative;the use of one remedy shall not be taken to exclude or waive the right to use another. 38. Captions: The titles of sections,or subsections,are for convenience only and do not define or limit the contents. 39. Severability: Any invalidity,in whole or in part,of any provision of this Contract shall not affect the validity of any other of its provisions. 40. Disputes: Any dispute or misunderstanding that may arise under this Contract concerning Contractor's performance shall first be resolved,if mutually agreed to be appropriate,through negotiations between the Contractor's Project Manager and Seattle's Project Manager,or if mutually agreed,referred to the City's named representative and the Contractor's senior executive(s). Either party may decline or discontinue such discussions and may then pursue other means to resolve such disputes,or may by mutual agreement pursue other dispute alternatives such as alternate dispute resolution processes.Nothing in this dispute process shall in any way 'lend mitigate the rights,if any,of either party to terminate the contract in accordance with the termination provisions herein. Notwithstanding above,if Seattle believes in good faith that some portion of Work has not been completed satisfactorily,Seattle may require Contractor to correct such work prior to Seattle payment. In such even,Seattle must clearly and reasonably provide to Contractor an explanation of the concern and the remedy that Seattle expects. Seattle may withhold from any payment that is otherwise due,an amount that Seattle in good faith finds to be under dispute,or if the Contractor does not provide a sufficient remedy,Seattle may retain the amount equal to the cost to Seattle for otherwise correcting or remedying the work not properly completed. 41. Termination: For Cause: Seattle may terminate this Contract if the Contractor is in material breach of any terms of this Contract,and such breach has not been corrected according to established standards and agreed upon designs indicated in a valid Work Order within thirty(30) days from notice of breach. For City's Convenience: Seattle may terminate this Contract in whole or in part,without cause and for any reason including Seattle's convenience,upon written notice to the Contractor at the conclusion of the first 12 months from activation of the Camera Systems in Work Order#1. Acts of Insolvency: Seattle may terminate this Contract by written notice to Contractor if the Contractor becomes insolvent,makes a general assignment for the benefit of creditors,suffers or permits the appointment of a receiver for its business or assets,becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign,or is wound up or liquidated, voluntarily or otherwise. Notice: Seattle is not required to provide advance notice of termination. Notwithstanding,the Buyer may issue a termination notice with an effective date later than the termination notice itself. In such case,the Contractor shall continue to provide products and services as required by the Buyer until the effective date provided in the termination notice. s',4104 Page 9 revised:1/17/06 Vendor Contract# 1617 Noble 42. Force Majeure—Suspension and Termination. In the event that either party is unable to perform any of its material obligations under this Agreement because of a natural disaster or action or decree of a superior governmental body(hereinafter referred to as a"Force Majeure Event"or"Event"),the party that has been so affected immediately shall give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice,the affected party shall be excused from such performance as is affected by the Force Majeure Event for the period of such Event. If such Event affects the delivery date or warranty provisions of this Agreement,such date or warranty period shall automatically be extended for a period equal to the duration of such Event. 43. Major Emergencies or Disasters: The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Contractor has been given notice by the City that such activation has occurred.The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Contractor under the following terms and conditions:Contractor shall provide to the City,upon the City's request,such goods and/or services at such time as the City determines.In the event the Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the Contractor,the Contractor shall make such delivery as soon as practicable. If the Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control,the Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Contractor is unable to provide such goods and/or services as requested by the City,the Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above,provided the Contractor has obtained prior approval from the City for such substitution. The Contractor shall charge the City the price determined in this Contract for the goods and services provided,and if no price has been determined,it shall charge the City a price that is normally charged for such goods and/or services(such as listed prices for items in stock). In the event that the City's request results in the Contractor incurring unavoidable additional costs and causes the Contractor to increase prices in order to obtain a fair rate of return,the Contractor shall charge the City a price not to exceed the cost/profit formula found in this Contract.The Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Contractor,in support of public good purposes,shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner.For purposes of this Contract, a"major emergency"or"disaster"shall include,but is not limited to a storm,high wind,earthquake,flood,hazardous material release,transportation mishap,loss of any utility service,fire,terrorist activity or any combination of the above. 44. Interlocal Cooperation Act: RCW 39.34 allows cooperative purchasing between public agencies,non profits and other political subdivisions. Public agencies that file an Intergovernmental Cooperative Purchasing Agreement with the City of Seattle may purchase from Contracts established by the City. Unless Vendor declines on the Offer submitted by the Seller to the City,the Vendor agrees to sell additional items at the bid prices,terms and conditions,to other eligible governmental agencies that have such agreements with the City. The City of Seattle accepts no responsibility for the payment of the purchase price by other governmental agencies. Should the Vendor require additional pricing for such purchases,the Vendor is to name such additional pricing upon Offer to the City. 45. Debarment; In accordance with SMC Ch.20.70,the Director of Executive Administration or designee may debar a Vendor from entering into a Contract with the City or from acting as a subcontractor on any Contract with the City for up to five years after determining that any of the following reasons exist: 1) Contractor has received overall performance evaluations of deficient,inadequate,or substandard performance on three or more City Contracts. 2) Contractor failed to comply with City ordinances or Contract terms,including but not limited to,ordinance or Contract terms relating to small business utilization,discrimination,prevailing wage requirements,equal benefits, or apprentice utilization. 3) Contractor abandoned,surrendered,or failed to complete or to perform work on or in connection with a City Contract. 4) Contractor failed to comply with Contract provisions,including but not limited to quality of workmanship, timeliness of performance,and safety standards. 5) Contractor submitted false or intentionally misleading documents,reports,invoices,or other statements to the City in connection with a Contract. 6) Contractor colluded with another contractor to restrain competition. Page 10 revised: 1/17/06 A Vendor Contract# 1617 7) Contractor committed fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing v� a Contract for the City or any other government entity. 8) Contractor failed to cooperate in a City debarment investigation. 9) Contractor failed to comply with SMC 14.04,SMC Ch. 14.10,SMC Ch.20.42,or SMC Ch. 20.45,or other local, State,or federal non-discrimination laws. The Director of the Department of Executive Administration may issue an Order of Debarment after adhering to the procedures specified in SMC 20.70.050. The rights and remedies of the City under these provisions are in addition to any other rights and remedies provided by law or under the Contract. 46. Recycled Product Requirements: Whenever practicable,Contractor shall use reusable products,recyclable products and recycled- content products including recycled content paper on all documents submitted to the City. Contractors are to duplex all materials that are prepared for the City under this Contract,whether such materials are printed or copied,except when impracticable to do so due to the nature of the product being produced. Contractors are to use 100%post consumer recycled content,chlorine-free paper in such products that are produced for the City,whenever practicable,and to use other paper-saving and recycling measures in business they conduct with and for the City. This directive is executed under the Mayor's Executive Order,issued February 13,2005. 47. Workers Right to Know: "Right to Know"legislation required the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment. WAC 296-62-054 requires among other things that all manufacturers/distributors of hazardous substances,including any of the items listed on this ITB,RFP or contract bid and subsequent award, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with: the identity of the hazardous material, appropriate hazardous warnings, and the Name and Address of the chemical manufacturer, improper, or other responsible party Labor and Industries may levy appropriate fines against employers for noncompliance and agencies may withhold payment pending receipt of a legible copy of the MSDS. OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to"carcinogenic ingredients: and"routes of entry"of the product(s)in question 48. Miscellaneous Provisions. .) Amendments: No modification of this Contract shall be effective unless in writing and signed by an authorized representative of each of the parties hereto,except as otherwise authorized herein. 21 Conflict: In the event of conflict between contract documents and applicable laws,codes,ordinances or regulations,the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford Seattle the maximum benefits. 3) Liens,Claims and Encumbrances: All materials,equipment,or services shall be free of all liens,claims or encumbrances of any kind and if Seattle requests a formal release of same shall be delivered to Seattle. 41 Negotiated Contract: The parties acknowledge that this is a negotiated Contract,that they have had the opportunity to have this Contract reviewed by their respective legal counsel,and that the terms and conditions of this Contract are not to be construed against any party on the basis of such party's draftsmanship thereof. Page 11 revised: 1/17/06 Vendor Contract# 1617 vitrr IN WITNESS WHEREOF,in consideration of the terms,conditions,and covenants contained herein,or attached and incorporated and made a part hereof,the parties have executed this Contract by having their authorized representatives affix their signatures below. American Traffic Solutions City of Seattle By /19 0 6 By 1 ;, / /A_o�� Signature mate Signature g re ate ADAM TUTON,Exec. Vice President/COO NANCY LOCKE,Purchasing Manager Washington State Unified Business Identifier Number(UBI):602 548 774 Federal Tax ID Number:48-1114931 *itrr NIftrov Page 12 revised: 1/17/06 Chapter 39.34 RCW: Interlocal cooperation act Page 1 of 2 About Us I Contact Us I E-mail Notifications I Search I Hel Legislature Home Senate j House of Representative Print Version I No dis,c Inside the Legislature RCWs>Title 39> Chapter 39.34 Find Your Legislator Chapter 39.34 RCW * Visiting the Legislature Interlocal cooperation act Complete Chapter I RCW Dispositions * Agendas, Schedules and Calendars RCW Sections * Bill Information 39.34.010 Declaration of purpose. * Laws and Agency Rules 39.34.020 Definitions. * Legislative Committees 39.34.030 Joint powers--Agreements for joint or cooperative action, requisites, effect on * Legislative Agencies of component agencies-- Financing of joint projects. * E-mail Notifications 39.34.040 Methods of filing agreements--Status of interstate agreements--Real party it * Students'Page Actions. 39.34 050 Duty to submit agreement to jurisdictional state officer or agency. Outside the Legislature 39.34.055 Public purchase agreements with public benefit nonprofit corporations. * Washington State 39.34.060 Participating agencies may appropriate funds and provide personnel, property, History and Culture * Congress the Other 39.34.070 Authority of joint boards to receive loans or grants. Washington 39.34.080 Contracts to perform governmental activities which each contracting agency is * TV Washington perform. * Washington Courts 39.34.085 Agreements for operation of bus services. * OFM Fiscal Note 39.34.090 Agencies'contracting authority regarding electricity, utilities'powers, preserves Website 39.34.100 Powers conferred by chapter are supplemental. 39 34.110 Powers otherwise prohibited by Constitutions or federal laws. Access 39.34.130 Transactions between state agencies--Chargingof costs--Regulation bydirE , ,Washington9 g - _-- management. 39.34.140 Transactions between state agencies--Procedures for payments through tran accounts. 39.34.150 Transactions between state agencies--Advancements. 39.34.160 Transactions between state agencies--Time limitation for expenditure of adva Unexpended balance. 39.34.170 Transactions between state agencies-- Powers and authority cumulative. 39.34.180 Criminal justice responsibilities-- Interlocal agreements--Termination. 39.34.190 Watershed management plan projects-- Use of water-related revenues. 39,34.200 Watershed management partnerships-- Formation. 39.34.210 Watershed management partnerships-- Indebtedness--Bonds. 39.34.220 Watershed management plans--Additional authority for implementation-- Exi agreements not affected. 39.34.900 Short title. 39.34.910 Severability-- 1967 c 239. 39.34_920 Effective date-- 1967 c 239. Nftsil Notes: http://apps.leg.wa.gov/RCW/default.aspx?cite=39.34 10/31/2006 Chapter 39.34 RCW: Interlocal cooperation act Page 2 of 2 Hydroelectric resources,creation of separate legal authority by irrigation districts and citie public utility districts: RCW 87.03.828. Irrigation districts,creation of legal authority to carry out powers: RCW 87.03.018. '4401.✓ School district associations'right to mortgage or convey money security interest in associi Limitations: RCW 28A.335.100. School districts agreements with other governmental entities for transportation of students other noncommon school purposes-- Limitations: RCW 28A.160.120. Comments about this site I Privacy Notice I Accessibility Information I Disclaimer err` fi11rr► http://apps.leg.wa.gov/RCW/default.aspx?cite=39.34 10/31/2006 VV 7.3q.v t v: ueciaration or purpose. Page 1 of 1 About Us I Contact Us I E-mail Notifications I Search I Hel 14.101 Legislature Home ! Senate j House of Representative Print Version I No dis,c Inside the Legislature RCWs>Title 39>Chapter 39.34>Section 39.34.010 * Find Your Legislator Beginning of Chapter << 39.34 010» 39.34.020 • Visiting the Legislature RCW 39.34.010 * Agendas, Schedules and Declaration of purpose. Calendars * Bill Information It is the purpose of this chapter to permit local governmental units to make the most efficient * Laws and Agency Rules powers by enabling them to cooperate with other localities on a basis of mutual advantage al provide services and facilities in a manner and pursuant to forms of governmental organizatit * Legislative Committees accord best with geographic, economic, population and other factors influencing the needs a * Legislative Agencies of local communities. * E-mail Notifications [1967 c 239§ 1.1 * Students'Page Notes: Outside the Legislature Joint operations by municipal corporations and political subdivisions,deposit and control c * Washington State 43.09.285. History and Culture * Congress-the Other Washington * TV Washington * Washington Courts Noose * OFM Fiscal Note Website Access 41 ,Washington. Comments about this site I Privacy Notice I Accessibility Information I Disclaimer http://apps.leg.wa.gov/RCW/default.aspx?cite=39.34.010 10/31/2006 ,.,► - CITY OF'RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE-CITY-OF RENTON, WASHINGTON, ADDING A NEW SECTION 10-12-15, TRAFFIC SAFETY CAMERAS, OF CHAPTER 12, TRAFFIC CODE, OF TITLE 10 (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AUTHORIZING USE OF AUTOMATED TRAFFIC SAFETY CAMERAS TO DETECT CERTAIN TRAFFIC INFRACTIONS; ADOPTING THE STANDARDS AND RESTRICTIONS REGARDING USE OF TRAFFIC SAFETY CAMERAS IN RCW 46.63.030 AND RCW 46.63.170; AND SETTING THE MONETARY PENALTY FOR AN INFRACTION DETECTED BY AN AUTOMATED TRAFFIC SAFETY CAMERA. WHEREAS, some of the worst traffic accidents - those involving right-angle collisions at high rates of speed - are the result of running red lights and railroad crossings, and studies have shown that these collisions involve more serious injury and deaths than other kinds of collisions at signalized intersections; and *0010, WHEREAS, school zones contain children and families and are places of constant activity during and after school, and driver inattention and speeding can have devastating consequences; and WHEREAS,the strategic placement of automated cameras at these intersections, crossings and school zones and to record red light running and speeding violations has been shown to reduce the frequency of violations, corresponding injuries, and associated economic costs; and WHEREAS,the City of Renton has numerous arterial intersections, railroad crossings and school zones that would benefit from the strategic placement of automated traffic safety cameras; and 1 ORDINANCE NO. WHEREAS,the State Legislature has passed a law authorizing local jurisdictions to use automated traffic safety cameras subject to restrictions specified in that legislation, which has been codified in RCW 46.63.030 and RCW 46.63.170; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The use of automated traffic safety cameras in the City of Renton, for issuance of notices of infraction, is hereby authorized. SECTION II. A new section 10-12-15, Traffic Safety Cameras, of Chapter 12, Traffic Code, of Title 10 (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added to read as follows, with the former section 10-12-15, Severability, renumbered as 10-12-16. 15. TRAFFIC SAFETY CAMERAS A. The use of automated traffic safety cameras to detect a violation of Section 10-12- 1 of the Renton Municipal Code is authorized at intersections where two arterial roadways intersect, at railroad crossings, or in school speed zones, subject to the restrictions specified in RCW 46.63.170, as now or hereafter amended. B. A law enforcement officer has the authority to issue a notice of traffic infraction when the notice of infraction is detected through the use of an automated traffic safety camera under RCW 46.63.030, and RCW 46.63.170, as now or hereafter amended. C. A traffic infraction for violation of this Section, detected through the use of an automated traffic safety camera shall be processed in the same manner as a parking infraction, with a monetary penalty no greater than the amount of a fine issued for other parking infractions within the city of Renton. 2 ORDINANCE NO. SECTION II. This ordinance shall be effective upon its passage, approval, and Nreso- 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Noisy Date of Publication: ORD.1347:5/14/07 stow 3 APPROVED BY _. UTILITIES COMMITTEE CITY COUNCIL COMMITTEE REPORT 5- �/_ a007 Date May 21, 2007 Surface Water Utility Budget Transfer and Renton Village Storm System Project Bid Award (May 7, 2007) The Utilities Committee recommends concurrence in the staff recommendation to transfer $340,000 to the 2007 Renton Village Storm System project budget from the Surface Water Utility's approved 2007 budgets for the May Creek Basin Plan Implementation ($175,000) and Wetland Mitigation Bank($165,000) Capital Improvement Program projects and the ordinance amending the budget be presented for first reading. The Committee further recommends Renton Village Storm System project be awarded to the lowest responsive, responsible bidder, Laser Underground &Earthworks, Inc., in the amount of$1,181,670. Dan Clawson, Chair Tern Briere, ice Chair Denis W. Law, Member cc: Lys Hornsby,Utility Systems Director Ron Straka,Surface Water Utility Supervisor Bans Park/xson, F,'nakce De ft, //dop feat 5,2/- a 007 CITY OF RENTON,WASHINGTON RESOLUTION NO. Se.7F A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA,AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM (VSRT). WHEREAS,RCW 39.34 permits governmental units to enter into Interlocal Cooperative Agreements; and WHERAS, King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities; and WHEREAS, the ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' individual police departments, and WHEREAS, law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working independently, and WHEREAS, a multi jurisdictional effort to handle specific high risk criminal incidents, as well as incidents involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined special response team, and 1 RESOLUTION NO. WHEREAS, a multi jurisdictional effort results in improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness, and WHEREAS, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and, the Port of Seattle desire to participate in such a multi jurisdictional effort by participating in the Valley Special Response Team(VSRT); and WHERAS, it is necessary to document through an Interlocal Cooperative Agreement the terms and conditions under which the Valley Special Response Team(VSRT)will operate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are true and correct in all respects. SECTION IL The City Council authorizes the Mayor and City Clerk to sign the Interlocal Agreement between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Creation of the Valley Special Response Team(VSRT). PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie 1. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1268:0 5/10/07:ch 2