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Home My WebLink AboutFinal Agenda packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, November 8, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of November 1, 2021. Council Concur b) AB - 2999 City Clerk submits the quarterly list of fully executed contracts between 7/1/2021 - 9/30/2021, and a report of agreements expiring between 10/1/2021 – 3/31/2022. None; Information Only c) AB - 2998 City Attorney requests authorization to reorganize the City Attorney Department by converting the Chief Prosecutor position (m38) to Prosecution Director (m46), adding a Lead Prosecutor (m38), and converting the Administrative Assistant position (n16) to Legal Analyst (m17). Refer to Finance Committee d) AB - 2993 Executive Department requests authorization to hire a Senior Service Desk Technician at Step D of salary grade a17, effective December 1, 2021. Refer to Finance Committee e) AB - 2994 Finance Department recommends adoption of an ordinance amending Renton Municipal Code (RMC) Chapter 5-5 which changes the registration requirements for residential landlords and clarifies the application and review process for City business licenses. Refer to Finance Committee f) AB - 2992 Finance Department requests authorization to hire a Tax & Licensing Manager at Step E of salary grade m28, effective November 16, 2021. Refer to Finance Committee g) AB - 2997 Finance Department recommends adoption of an ordinance amending Renton Municipal Code (RMC) Chapters 5-25 and 5-26 which amends Business and Occupation Taxes by updates and phases out the current tax cap over the next several years and applying a discounted tax rate for those taxes due over $12,000,000. Refer to Finance Committee h) AB - 2996 Parks & Recreation Department submits the Urban Forest Management Plan 2022-2032 (UMFP) in order to initiate the public planning process; and will return with a recommended course of action required to adopt the UMFP after completion of the public planning process. Refer to Planning & Development Committee i) AB - 2973 Public Works Utility Systems Division recommends adoption of an ordinance approving the 2022 King County wastewater treatment charge pass through rate increase of four percent to match King County's adopted rate; and clarifies City sewer rates. Refer to Utilities Committee j) AB - 2987 Public Works Utility Systems Division recommends execution of an agreement with ECOSS, in the amount of $170,000, for the provision of technical assistance, educational outreach, and training for Pollution Prevention Assistance. Refer to Utilities Committee k) AB - 2988 Public Works Utility Systems Division submits the Notice of Completion for CAG-21-038, contractor Diversified Holdings NW, LLC, and requests approval of the project and release of the retainage bond after 60 days, once all State required releases are obtained. Council Concur 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole: Rainier Avenue South and Rainier Avenue North Corridor Improvements –Phase 4 from South 3rd Street to NW 3rd Place – Condemnation Ordinance* b) Finance Committee: Vouchers, WSDOT 2021-2023 Transportation Demand Management Implementation Agreement, Washington Traffic Safety Commission Agreement for the Safer Access to Neighborhood Destinations Grant Project, Payroll Technician II Position Hire at Step E, Senior Business Systems Analyst Position Hire at Step E, Department of Ecology Interagency Agreement for Pollution Prevention Assistance*, Coulon Trestle Bridge: Land and Water Conservation Fund Grant Agreement c) Planning & Development Committee: Restructuring and Updating Code Enforcement Regulations*, Solera Multi-Family Tax Exemption Agreement 7. LEGISLATION Resolution: a) Resolution No. 4452: Department of Ecology Grant for Pollution Prevention Assistance (See Item 6.b) Ordinances for first reading: b) Ordinance No. 6034: Updating and Restructuring Code Enforcement Regulations (See Item 6.c) c) Ordinance No. 6035: Rainier Ave S and Rainier Ave N Corridor Improvements – Phase 4 from S 3rd St to NE 3rd Pl Condemnation Ordinance (See Item 6.a) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - MEETING REMOTELY 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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: November 8, 2021 TO: Randy Corman, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • The City will be holding a virtual workshop on Navigating City Contracting on Wednesday, November 17 from 12 to 2 p.m. on Zoom. The intent of the workshop is to learn about the City of Renton’s procurement opportunities, how to get a City business license, and learn about MRSC and how to get on their roster. Vendors can introduce themselves to a variety of City of Renton departments, build diverse opportunities within our community, and network with other local vendors. Women-owned and minority-owned businesses are especially encouraged to attend. Visit http://rentonwa.gov/contracting for registration information. • The utility bill moratorium ended September 30, which now allows the city to start collecting outstanding charges on water bills. The city is committed to keeping our utility customers connected to essential services and is accepting payment arrangements to help utility account holders with a past-due balance to avoid service interruption. • The Emergency Feeding Program/SOS in partnership with the city will host free lunch events for the unsheltered and those residents with food insecurities on Tuesday, November 9, 16, and 23. These events will be held at 300 Rainier Avenue North from 12:30-2 p.m. Food and drinks, personal hygiene kits, cleaning supplies, and socks will be available. Parking is located on the west side of the Renton Airport, north of the intersection of Rainier Avenue North and Airport Way. • The Recreation division’s Let’s Go Renton recreation guide for November and December is now live and can be viewed at rentonwa.gov/recreation. We have programs and events for everyone to enjoy throughout this holiday season, so please take a look and see what fits for you! Youth Basketball Leagues are back by popular demand, and registration is now open thru December 1. Volunteer coaches for all grade levels are needed, so if you are interested or know anyone who would be a good fit for our program, please have them visit rentonwa.gov/volunteer for more information on how to apply. AGENDA ITEM #3. a) Randy Corman, Council President Members of Renton City Council Page 2 of 2 November 8, 2021 • The Renton History Museum has received a grant of $2,500 from King County Council, initiated by Councilmember Reagan Dunn. The funds will be used to purchase new shelving to increase the Museum’s storage capacity for its collection of historic photos, objects, and archival documents. This grant helps the Renton History Museum’s project to ensure its historic collections receive the highest possibility quality of stewardship for the future. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Williams Avenue South and Wells Avenue South Conversion Project: Impacts to traffic will continue throughout this area between South 2nd Street and South 3rd Street. Please visit the project webpage at https://rentonwa.gov/ww for more information.  Lake Washington Loop Trail Project Logan Avenue South and Airport Way: Lane closures continue until approximately early November. For more information and project updates, please visit the project webpage at https://rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9346818.  Ongoing Trail Closure: Ripley Lane North Trail closure through fall 2021 just north of VMAC and the trailhead going north to support the WSDOT I-405 Renton to Bellevue Widening and Express Toll Lanes Project. Questions may be directed to Justin Johnson at 425-902-7172.  Downtown Utility Improvement Project: The Downtown Utility Improvement Project requires several roadway closures and detours between now and project completion in 2022. For more information on current upcoming road closures and traffic impacts or to sign up for email or text alerts visit the project website at https://rentonwa.gov/duip.  On-going Street Closure on Sunset Lane NE: On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446) on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373.  Monday, November 8 through Friday, November 12, 8:30 a.m. to 3:00 p.m. Possible intermittent lane closures on 116th Avenue SE at SE 188th Street (adjacent to Benson Hill Elementary School) due to roadway and utility construction. Questions may be directed to Tom Main, 206-999-1833. AGENDA ITEM #3. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, November 1, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Randy Corman, Council President Angelina Benedetti, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Shane Moloney, City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison Kristi Rowland, Deputy Chief Administrative Officer Preeti Shridhar, Equity, Housing, and Human Services Administrator Chip Vincent, Community & Economic Development Administrator Kari Roller, Administrative Services Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Community Services Administrator Ron Straka, Public Works Utility Systems Director Cailín Hunsaker, Parks & Trails Director Kim Gilman, HR Labor Manager Commander Dan Figaro, Police Department (All City staff attended remotely except City Clerk Seth) AGENDA ITEM #5. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES PUBLIC HEARING a) 2021/2022 Mid-Biennial Budget Adjustment Hearing 2: This being the date set, and proper notices having been posted and published in accordance with local and State laws, Mayor Pavone opened the public hearing to consider the 2021/2022 Mid-Biennial Budget Adjustment Update (Hearing 2). Finance Administrator Kari Roller reported that the purpose of tonight's public hearing was to solicit additional comments from the public regarding the 2021/2022 Mid-biennial Budget Adjustment. Mayor Pavone called for public comment. There being no public comments, correspondence or deliberations, it was MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE REPORT Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2021 and beyond. Items noted were: • With our first significant storm behind us, it’s a good time to view our Emergency Management website to prepare for and navigate emergencies such as an extended power outage or severe weather. For example, you can sign up for ALERT Renton to get emergency notifications via phone, text, or email as well as download the Renton Responds app to report downed trees and blocked drains. For our part, the City’s operations crews are tested and ready for higher-than-average precipitation and colder-than-average temperatures, including snow. Visit our website for information and get prepared! • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Tim Hayner, Bonney Lake, stated that he represents Cascade Civil Construction, the contractor working on the Wells and Williams conversion project in downtown Renton, and asked for Council's assistance in getting a number of change orders processed so that his company can get paid in a timelier manner. • Carl Nelson, Beaverton (OR), stated that he also represents Cascade Civil Construction, the contractor working on the Wells and Williams conversion project, and reiterated Mr. Hayner's comments about processing change orders in a timelier manner. He noted that at the current pace, some of the change orders may not be processed until eight-to-ten months after the project is completed. Council President Corman assured Mr. Hayner and Mr. Nelson that the City always pays its bills and will do so for this project too. Mayor Pavone noted that the administration would keep Council up to date on this issue. • Jennifer Watts, Renton, expressed concern about speeding on N 2nd St and asked that someone contact her about the issue. Mayor Pavone noted that staff will reach out to her regarding traffic calming measures. AGENDA ITEM #5. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of October 25, 2021. Council Concur. b) AB - 2985 City Clerk reported receipt of a street vacation petition from the Renton School District, and submitted the staff recommendation to set a public hearing on November 22, 2021 to consider vacating a portion of Chelan Ave NE, at approximately the 1100 block of Chelan Ave NE, north of NE 10th St. (Petitioner: Renton School District; VAC-21-001) Council Concur; Set Public Hearing on 11/22/2021. c) AB - 2960 Equity, Housing, and Human Services Department recommended approval of a Multi-Family Housing Property Tax Exemption Agreement for Solera, a 590-unit multi-family project located in the Sunset designated residential target area, which provides a partial tax exemption for 12 years upon completion of the project. Refer to Planning & Development Committee. d) AB - 2981 Executive Department requested authorization to hire a Senior Business Systems Analyst at Step E of salary grade a27, effective November 16, 2021. Refer to Finance Committee. e) AB - 2977 Finance Department requested authorization to hire a Payroll Technician II at Step E of salary grade n13, effective November 9, 2021. Refer to Finance Committee. f) AB - 2965 Parks & Recreation Department submitted the Notice of Completion for CAG-21- 137, contract with Landscape Structures, Inc., for the Liberty Park Playground Replacement project, and requested approval of the project and authorization to release retainage in the amount of $27,750.55, after 60 days once all required releases from the State have been obtained. Council Concur. g) AB - 2979 Parks & Recreation Department recommended approval of a Federal Land and Water Conservation (LWCF) grant, administered by the State Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO), in the amount of $500,000, to be used for the Gene Coulon Memorial Beach Park Trestle Bridge project; and to adjust the budget accordingly. Refer to Finance Committee. h) AB - 2980 Public Works Transportation Systems Division recommended adoption of an ordinance authorizing the initiation of condemnation proceedings for a portion of certain properties on Rainier Ave S and Rainier Ave N, between S 3rd St and NW 3rd Pl, as described in Exhibit A of the attached ordinance, on November 15, 2021. Refer to Committee of the Whole. i) AB - 2978 Public Works Utility Systems Division recommended adoption of a resolution authorizing execution of Interagency Agreement (IAA No. C2200051) with the Department of Ecology, in order to receive $175,000 in funding for Pollution Prevention Assistance between the State of Washington, the Department of Ecology, and the City of Renton; additionally, a budget adjustment is requested for this new funding source. Refer to Finance Committee. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #5. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Committee of the Whole Chair Corman presented the proposed 2021/2022 Mid-biennium Budget Amendment to increase revenues by $39,469,098 for an amended total revenues of $595,918,061 over the biennium, and increase expenditures by $23,744,620 for an amended total expenditures of $698,234,935 over the biennium, and recommended concurrence in the following actions: 1. Property Tax Levy (ordinance): a. Set the 2022 property tax levy, plus the new construction, annexation, and administrative refunds, at $23,300,071 based on the preliminary worksheet provided by King County Assessor’s Office. 2. Changes to Authorized Positions: The budget amendment will add a total of 5.60 positions and make pay/classification adjustments for another 4 positions. The new FTEs and pay/classification adjustments have been previously approved by the City Council. These changes, and the 0.75 position added during the first quarter of 2021, will increase the overall city position by 6.35 FTE. Details of the 5.60 positions and 4 pay/classification adjustments are outlined below: a. Executive (all previously approved): i. Add 1.0 Deputy Chief Administrative Officer (m49). ii. Convert Deputy Public Affairs Administrator (m45) to Director of Communications and Engagement (m38) iii. Convert Administrative Secretary (n09) to Administrative Assistant to Executive Services (n16) b. Equity, Housing, and Human Services (all previously approved): i. Add 1.0 EHHS Administrator (m49) ii. Add 1.0 Administrative Assistant to EHHS (n16) iii. Add 1.0 Community Outreach and Events Coordinator (m22) c. Finance (all previously approved): i. Add 1.0 Grants Program Manager (m27). ii. Convert Finance Analyst 3 (n16) to Sr. Finance Analyst (m25). d. Community and Economic Development (previously approved): i. Convert Senior Planner (a28) to Associate Planner(a21). e. Police (previously approved): i. Convert Police Records Specialist from 0.4 to 1.0 FTE (pn62). 3. Rates and Fee Adjustments (resolution): Adjust various fees as identified (red) in the proposed 2021/2022 Fee Schedule. AGENDA ITEM #5. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES The Committee of the Whole recommended Council approve the proposed 2021/2022 Mid-biennium Budget Amendment and to place associated legislations reflecting the above changes for first reading. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Committee of the Whole Chair Corman presented a report concurring in the staff recommendation to establish the Renton Equity Commission. The Committee of the Whole further recommended that the related ordinance be presented for first reading November 1 and advanced to second and final reading at tonight's meeting. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADJUST THE AGENDA TO REFLECT THAT ORDINANCE 6033 WILL BE PRESENTED FOR FIRST READING AND SECOND AND FINAL READING AT TONIGHT'S COUNCIL MEETING. CARRIED. c) Utilities Committee Chair Benedetti presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Parametrix, in the amount of $240,896.12, for assessing and prioritizing receiving waters and developing a stormwater management action plan for the Stormwater Management Action Planning project. MOVED BY BENEDETTI, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4451: a resolution was read setting a public hearing date regarding vacation of a portion of Chelan Avenue NE at approximately the 1100th block of Chelan Avenue NE, north of NE 10th Street (Chelan Ave NE Street Vacation; Vac-21-001). MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinances for first reading: b) Ordinance No. 6030: An ordinance was read amending the City of Renton Fiscal Years 2021/2022 Biennial Budget as adopted by Ordinance No. 5991 and amended by Ordinance Nos. 6017 and 6021, by increasing the budgeted revenues and expenditures by $39,469,098 and $23,744,620, respectively; amending the 2021 Salary Table; and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NOVEMBER 15, 2021 COUNCIL MEETING. CARRIED. c) Ordinance No. 6031: An ordinance was read establishing the property tax levy for the year 2022 for general City operational purposes in the amount of $23,300,071, providing for severability, and establishing an effective date. AGENDA ITEM #5. a) November 1, 2021 REGULAR COUNCIL MEETING MINUTES MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NOVEMBER 15, 2021 COUNCIL MEETING. CARRIED. d) Ordinance No. 6032: an ordinance was read authorizing the dollar amount and percentage increase for the property tax to be levied for the year 2022, providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NOVEMBER 15, 2021 COUNCIL MEETING. CARRIED. e) Ordinance No. 6033: An ordinance was read repealing and replacing Chapter 2-7 of the Renton Municipal Code, establishing the Renton Equity Commission, providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT’S MEETING. CARRIED. After second and final reading, it was MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:36 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 01 Nov 2021 Ordinance for first reading and advancement to second and final reading: AGENDA ITEM #5. a) Council Committee Meeting Calendar November 1, 2021 November 8, 2021 Monday 4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE 1. WSDOT 2021-2023 Transportation Demand Management Implementation Agreement 2. Washington Traffic Safety Commission Agreement for the Safer Access to Neighborhood Destinations Grant Project 3. Payroll Technician II Position Hire at Step E 4. Senior Business Systems Analyst Position Hire at Step E 5. Department of Ecology Interagency Agreement for Pollution Prevention Assistance 6. Coulon Trestle Bridge: Land and Water Conservation Fund Grant Agreement 7. Vouchers 8. Emerging Issues in Finance 5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE 1. Restructuring and Updating Code Enforcement Regulations 2. Solera Multi-Family Tax Exemption Agreement 3. Docket 16 Update * 4. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair Corman – VIDEOCONFERENCE 1. Rainier Avenue South and Rainier Avenue North Corridor Improvements – Phase 4 from South 3rd Street to NW 3rd Place – Condemnation Ordinance * 7:00 PM Council Meeting - VIDEOCONFERENCE * revised 11/02/2021 AGENDA ITEM #5. a) AB - 2999 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: 3rd Quarter 2020 Contract Report RECOMMENDED ACTION: None; Information Only DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Fully executed in third quarter 2021 were 72 new contracts, 38 addenda, 32 change orders, and 13 are highlighted as being over 10% and/or $100,000 of original amount. The six-month expiration report shows 187 agreements that will expire between October 1, 2021 and March 31, 2022. EXHIBITS: A. Fully executed contracts (July 1, 2021 - September 30, 2021) B. Expiring contracts (October 1, 2021– March 31, 2022) STAFF RECOMMENDATION: None - Information Only. AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Airport CAG-21-181 FAA - Airport Improvement Program Grant Project No. 3-53-0055-028-2021 Rec: $172,078 $172,078 $172,078 R 7/31/2021 6/28/2025 Contractor: UNKNOWN VENDOR CAG-21-184 Road Construction NW - 2021 Runway PCC Panel Repair Project $448,393 $448,393 P 9/15/2021 12/31/2021 Contractor: (068803) ROAD CONSTRUCTION NW INC CAG-21-198 All Around Fence Co. - Small Works Contract - 3-Strands of Barbwire $13,719 $13,719 P 7/28/2021 11/11/2021 Contractor: (001858) ALL AROUND FENCE CO CAG-21-201 All Around Fence Co. - Airport Fence Repair $4,598 $4,598 P 8/9/2021 10/9/2021 Contractor: (001858) ALL AROUND FENCE CO CAG-21-223 NORPAC Property Solutions - Professional Services Contract - Custodial - Maintenance Building $16,860 $16,860 P 9/20/2021 12/31/2024 Contractor: UNKNOWN VENDOR CAG-21-224 NORPAC Property Solutions - Professional Services Contract - Custodial - Airport Building $33,750 $33,750 P 9/20/2021 12/31/2024 Contractor: UNKNOWN VENDOR BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-005 KPG - A&E On-Call Professional Services $30,000 $68,482 P 1/6/2021 12/31/2021 Contractor: (042772) KPG INC Number DateType DescriptionAmount Adden #1-21 - kpg - Increase compensation - A&E On-Call Professional Services $38,482AddendumAdden 1 7/23/2021 Payables Receivables Total New 5 $517,320 1 $172,078 6 $689,398 Addendum 1 $38,482 0 $0 1 $38,482 Total 6 $555,802 1 $172,078 7 $727,880 Airport Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 1 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration CED CAG-20-480 4-Leafs - Plan Review/Electrician Inspections $15,000 $25,000 P 12/3/2020 12/31/2021 Contractor: (000062) 4LEAF INC Number DateType DescriptionAmount Adden #1-21 - 4Leaf - Adding $10,000 to contract total for field inspections on building (New Expiration Date: 12/31/2021) $10,000AddendumAdden #1-21 8/27/2021 CAG-21-012 BHC Consulting - Plan Review/Inspection Services $5,000 $20,000 P 1/8/2021 12/31/2021 Contractor: (009510) BHC CONSULTANTS LLC Number DateType DescriptionAmount Adden #2-21 - BHC Consulting - Adding $10,000 to contract total for field inspections on building permits (New Expiration Date: 12/31/2021) $10,000AddendumAdden #2-21 10/8/2021 CAG-21-105 Rebecca Stenzel, Appraisal Group of the Northwest - Consultant agrees to provide a property appraisal as specified in Exhibit A $4,000 $7,500 P 4/20/2021 7/31/2021 Contractor: (005231) APPRAISAL GROUP OF THE NW LLP Number DateType DescriptionAmount Adden #1-21 AMENDMENT - Contract should have been for $3,500 instead of $3,000 - - Rebecca Stenzel, Appraisal Group of the Northwest - extend expiration date - Consultant agrees to provide a property appraisal as specified in Exhibit A $500AddendumAdden 1 amend 8/6/2021 CAG-21-177 South King Housing and Homelessness Partners (Administered by City of Auburn) - Companion Agreement for the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (“ SKHHP”) Cities to Administer Funds Under RCW 82.14.540 $236,380 $236,380 P 7/16/2021 4/12/2041 Contractor: (015796) CITY OF AUBURN CAG-21-187 Norman Williamson dba Kaleidoscope Services - 2021 Downtown Hanging Basket Watering Agreement $10,000 $10,000 P 7/30/2021 12/31/2021 Contractor: (040085) KALEIDOSCOPE SERVICES Women Owned CAG-21-208 REEL Renton - LTAC funding for the 2021 Seattle Film Summit $35,000 $35,000 P 8/25/2021 12/31/2022 Contractor: (066150) REEL RENTON CAG-21-210 Randall Morris Foundation - LTAC funding for a 2021 Celebrity Golf Tournament & Gala $20,000 $20,000 P 8/25/2021 12/31/2021 Contractor: (065733) RANDALL MORRIS FOUNDATION FOR CAG-21-219 Tasveer - LTAC Funding for the 2021 Tasveer Film Summit $5,000 $5,000 P 9/13/2021 12/31/2021 Contractor: UNKNOWN VENDOR \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 2 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration CED BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-19-287 Makers Architecture & Urban Design, LLP -Development of a transit oriented development subbarea plan $148,387 $176,507 P 10/1/2019 8/31/2021 Contractor: (046646) MAKERS ARCHITECTURE & Minority Owned, Disadvantaged Business, Women Owned Number DateType DescriptionAmount Adden #2-21 - Makers Architecture & Urban Design, LLP - Time of performances amended until August 31, 2021 (New Expiration Date: 08/31/2021) $0AddendumAdden 2 7/23/2021 CAG-20-073 Washington Department of Commerce - Interagency Agreement for housing action plan grant funds (rec $100,000) $100,000 $100,000 R 3/25/2020 6/30/2021 Contractor: (7108) WA DEPARTMENT OF COMMERCE Number DateType DescriptionAmount CO #1-21 - Department of Commerce - Scope modification substituting schedule of adoption for final deliverable $0ChangeCO 1 7/23/2021 CAG-21-105 Rebecca Stenzel, Appraisal Group of the Northwest - Consultant agrees to provide a property appraisal as specified in Exhibit A $4,000 $7,500 P 4/20/2021 7/31/2021 Contractor: (005231) APPRAISAL GROUP OF THE NW LLP Number DateType DescriptionAmount Adden #1-21 - - Rebecca Stenzel, Appraisal Group of the Northwest - extend expiration date - Consultant agrees to provide a property appraisal as specified in Exhibit A (New Expiration Date: 07/31/2021) $3,000AddendumAdden #1-21 7/2/2021 CAG-21-152 Cultural Resource Consultants, LLC - Agreement for cultural review to support grant funding eligibility from WA State Dept of Commerce for improvements to Burnett Ave S. $3,080 $3,080 P 6/9/2021 12/31/2021 Contractor: (019299) CULTURAL RESOURCE CONSULTANTS PAG-94-002 Boeing Commercial Airplane Company - Master Street Use Permit (no expiration date) $0 $0 R 2/16/1994 12/31/2999 Contractor: UNKNOWN VENDOR Payables Receivables Total New 7 $313,460 1 $0 8 $313,460 Addendum 5 $23,500 0 $0 5 $23,500 Change 0 $0 1 $0 1 $0 Total 12 $336,960 2 $0 14 $336,960 CED Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 3 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration City Attorney CAG-16-116 Renton Regional Fire Authority - Interlocal detailing roles & responsiblities between the city and the RRFA $0 $0 M 7/6/2016 12/31/2999 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #1-21 - Renton Regional Fire Authority (RRFA) - Removing City services provided for in original agreement (Information Technology, Fleet, Finance, Facility Maintenance, and Human Resources) (New Expiration Date: 12/31/2999) $0AddendumAdden #1-21 9/23/2021 CAG-21-207 Kent PRIVATE - Reimbursement Agreement $0 $0 R 7/13/2021 12/31/2025 Contractor: UNKNOWN VENDOR Receivables Miscellaneous Total New 1 $0 0 $0 1 $0 Addendum 0 $0 1 $0 1 $0 Total 1 $0 1 $0 2 $0 City Attorney Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 4 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 5 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-18-217 King County Housing & Community Development - CDBG Program Planning & Administration $69,789 $1,439,426 R 10/5/2018 4/20/2021 Contractor: (1067) KING COUNTY Number DateType DescriptionAmount Adden #8-21 - King County Housring & Community Development - Extending time of Completion (New Expiration Date: 09/30/2021) $0AddendumAdden #8-21 7/30/2021 CAG-19-269 Davey Tree Expert Company - 2019 On-Call Tree Maintenance $35,000 $70,000 P 9/16/2019 12/31/2021 Contractor: (020110) THE DAVEY TREE EXPERT COMPANY Number DateType DescriptionAmount Adden #5-21 - Davey Tree Expert Co. - Additional on-call Tree Maintenance Work (New Expiration Date: 12/31/2021) $0AddendumAdden #5-21 7/30/2021 CAG-19-361 Renton Ecumenical Association of Churches (REACH) - Operational Funding for two years $240,000 $355,000 P 12/11/2019 4/4/2022 Contractor: (067105) RENTON ECUMENICAL ASSOCIATION Number DateType DescriptionAmount Adden #1-21 - REACH - Cost of six months expenditures (New Expiration Date: 04/04/2022) $115,000AddendumAdden #1-21 9/29/2021 CAG-20-010 PND Engineers - Design & Construction Admin Support for Coulon Memorial Beach Park North Waterwalk Improvements $285,783 $393,711 P 1/13/2020 3/31/2022 Contractor: (061121) PND ENGINEERS Number DateType DescriptionAmount Adden #3-21 - PND Engineers - Provide services associated with Restoration and Planting (RAP) Mitigation and Planting Design - Coulon Park North Waterwalk Improvements (New Expiration Date: 03/31/2022) $35,640AddendumAdden #3-21 9/17/2021 CAG-20-011 Bruce Dees & Associates - Professional Design & Construction Admin Services for Kiwanis Park Site Improvements $364,045 $367,045 P 1/13/2020 12/31/2021 Contractor: (011885) BRUCE DEES & ASSOCIATES LLC Number DateType DescriptionAmount Adden #2-21 - Bruce Dees & Associates - Contract time extension for Kiwanis park Improvements professional Design Services (New Expiration Date: 12/31/2021) $0AddendumAdden 2 7/30/2021 CAG-21-114 Trelstad Enterprises LLC - 2021 Early Summer Tree Maintenance $67,210 $75,859 P 4/30/2021 9/3/2021 Contractor: (082475) TRELSTAD TREE Number DateType DescriptionAmount CO #2-21 - Trelstad Enterprises, llc. - Extension of contract completion date (New Expiration Date: 09/03/2021) $0ChangeCO #1-21 7/30/2021 CO #3-21 - Trelstad Tree - addition of funds for pruning/removal of 16 trees in three locations (New Expiration Date: 09/03/2021) $8,588ChangeCO #3-21 9/8/2021 CAG-21-116 Road Construction NW - Thomas Teasdale Park Basketball Court Replacement $123,312 $125,846 P 5/3/2021 7/31/2021 Contractor: (068803) ROAD CONSTRUCTION NW INC Number DateType DescriptionAmount CO #1-21 - Road Construction NW - Thomas Teasdale Park Basketball Court Replacement - Root Barrier (New Expiration Date: 07/31/2021) $2,534ChangeCO #1-21 5/25/2021 CAG-21-174 King County Dept of Community & Human Services - oversight coordination & implementation of Renton Senior Activity Center Hub ($115,384 rev) $115,384 $115,384 R 7/13/2021 12/31/2022 Contractor: UNKNOWN VENDOR CAG-21-175 SOVA Consulting LLC - Property Appraisal Services $3,000 $3,000 P 7/6/2021 8/27/2021 Contractor: (081353) SOVA CONSULTING \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 6 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-21-182 Aloha Joe Movers, LLC - Moving Service $15,000 $15,000 P 7/22/2021 8/27/2021 Contractor: (001480) ALOHA JOE MOVERS LLC Number DateType DescriptionAmount Aloha Joe Movers, LLC - extend term of contract (New Expiration Date: 08/27/2021) $0AddendumAdden #1-21 8/4/2021 CAG-21-185 Linda Mounts - Provide fitness classes for the Community involving 45 - 60 min of circut training & demonstration of fitness equipment $11,000 $11,000 P 7/28/2021 9/1/2022 Contractor: (073899) LINDA M MOUNTS Minority Owned, Disadvantaged Business, Women Owned CAG-21-186 71 Productions dba National Event Pros - Provide outdoor movie system rental for City of Renton's night out in the Neighborhood events $4,200 $4,200 P 7/28/2021 8/13/2021 Contractor: (016395) 71 PRODUCTIONS INC CAG-21-188 Cartooniversity with Jeff Johnson - Provide artistic cartoon drawing camps $4,000 $4,000 P 7/27/2021 7/23/2022 Contractor: (039072) JEFF JOHNSON ARTWORKS CAG-21-191 Coyle Outside - Provide Outdoor Wilderness Youth Camps $8,000 $8,000 P 8/2/2021 9/1/2021 Contractor: (018702) COYLE OUTSIDE LLC CAG-21-192 Solid Ground of WA - CDBG-CV Round 1 Funds for rental assistance $50,000 $50,000 P 8/2/2021 12/31/2021 Contractor: (075930) SOLID GROUND WA CAG-21-196 Renton Rowing Center - Provide row, paddle and kayak youth classes $2,000 $2,000 P 8/4/2021 12/31/2021 Contractor: (067496) RENTON ROWING CENTER CAG-21-197 Allied Roofing Installation Services, LLC - Installation of New Roof at Cedar River Park Restrooms $13,763 $13,763 P 8/9/2021 12/1/2021 Contractor: (001950) ALLIED ROOFING INSTALLATION CAG-21-202 SOVA Consulting LLC - Appraisal of Collodi Property $3,500 $3,500 P 8/12/2021 10/31/2021 Contractor: (081353) SOVA CONSULTING CAG-21-211 King county Library System (KCLS) - Story Walk Display at Liberty Park $0 $0 M 9/1/2021 11/1/2021 Contractor: UNKNOWN VENDOR CAG-21-212 DES/McKinstry - Multiple Facilities Audit ESCO Ph3 $82,500 $82,500 P 9/23/2021 3/31/2022 Contractor: (048353) MCKINSTRY ESSENTION LLC CAG-21-215 Linda Mounts - Provide fitness classes and orientations on how to utilize new fitness equipment $20,000 $20,000 P 9/7/2021 9/1/2022 Contractor: (073899) LINDA M MOUNTS Minority Owned, Disadvantaged Business, Women Owned CAG-21-216 Amy Eng - Provide outreach and engagement for diverse seniors in the greater Renton area $34,999 $34,999 P 8/30/2021 12/31/2022 Contractor: (004702) AMY ENG Minority Owned, Women Owned CAG-21-220 Removal & Installation of Two new overhead doors & motorized Operators at the 200 Mill building $24,813 $24,813 P 9/15/2021 1/1/2022 Contractor: (063090) PRECISION DOOR SERVICES CAG-21-221 Lower 48 Contracting/Painting - Patch and Painting of Interior Walls, Door Frames, Door, and fire Door at the City Hall 2nd & 4th floors. $10,878 $10,878 P 9/15/2021 11/1/2021 Contractor: (042547) LOWER 48 CONTRACTING PAINTING CAG-21-225 Morris-Hansen Enterprises - Clean all windows at the Renton City Center Parking Garage, Renton Community Center, and all the windows $10,242 $10,242 P 9/22/2021 12/31/2021 Contractor: (051004) MORRIS HANSEN ENTERPRISES INC CAG-21-229 Sound Generations - Meal program at Senior Activity Center $0 $0 M 9/9/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-230 Canber Corps - Agreement for Vegetation Maintenance at Heritage, Earlington and Liberty Parks $10,625 $10,625 P 9/24/2021 10/29/2021 Contractor: (013391) CANBER CORPS CAG-21-231 Wagner Architects - Provide a master plan that will include layout, development and location for parks maintenance shop $50,000 $50,000 P 9/30/2021 1/29/2022 Contractor: (068828) WAGNER ARCHITECTS LAG-21-004 King County Puget Sound Emergency Radio - Provide emergency communication services in King County and City of Renton $141,001 $141,001 R 7/2/2021 7/7/2046 Contractor: UNKNOWN VENDOR PAG-21-004 Puget Sound Energy - Right of Entry Permit to Cedar River Trail $0 $0 M 9/3/2021 12/31/2021 Contractor: UNKNOWN VENDOR \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 7 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-20-081 King County Dept of Community & Human Services - Funds for 2020 Housing Repair Healthy Housing Project $58,551 $122,197 R 4/9/2020 12/31/2021 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #1-21 - King County Dept of Community and Human Services (DCHS) - adding funds and time extension for Renton Healthy Housing Activities (New Expiration Date: 12/31/2021) $63,646AddendumAdden #1-21 7/2/2021 CAG-21-090 King County - ILA for Conservation Futures Grant Award - Fawcett ROFR Acquisition ($305,181 rev) $305,181 $305,181 R 4/27/2021 12/31/2999 Contractor: (1067) KING COUNTY CAG-21-165 Seattle Ultimate LLC - Provide Ultimate Frisbee Camps for City of Renton Youth $10,100 $10,100 P 6/21/2021 8/31/2021 Contractor: (073315) SEATTLE ULTIMATE LLC CAG-21-166 Skyhawks Sports Academy - Provide Life Skills through Sports for City of Renton STREAM Team summer camps $9,000 $9,000 P 6/21/2021 9/30/2021 Contractor: (075265) SKYHAWKS SPORTS ACADEMY INC CAG-21-167 Communities in Schools Renton-Tukwila - CSO Funding from King County Council/Dunn $12,500 $12,500 P 6/23/2021 12/31/2021 Contractor: (017602) COMMUNITIES IN SCHOOL INC CAG-21-168 Sustainable Renton - CSO Funding from King County Council/Dunn $12,500 $12,500 P 6/23/2021 12/31/2021 Contractor: (079286) SUSTAINABLE RENTON CAG-21-173 Play-Well TEKnologies - Provide summer youth day camps incorporating LEGO and STEM $10,000 $10,000 P 6/24/2021 9/1/2021 Contractor: (062287) PLAY-WELL TEKNOLOGIES CAG-21-176 Rave Foundation - License and permission for Rave Foundation to install a mini pitch at Highlands Park $0 $0 M 3/30/2021 12/31/2021 Contractor: UNKNOWN VENDOR Payables Receivables Miscellaneous Total New 23 $412,619 3 $561,566 4 $0 30 $974,185 Addendum 5 $150,640 2 $63,646 0 $0 7 $214,286 Change 3 $11,122 0 $0 0 $0 3 $11,122 Total 31 $574,381 5 $625,212 4 $0 40 $1,199,593 Community Services Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 8 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Consultant CAG-14-126 Mead & Hunt, Inc - Consultant agreement for Airport Master Plan $837,705 $1,095,895 P 9/16/2014 6/30/2022 Contractor: (048618) MEAD & HUNT INC Number DateType DescriptionAmount Adden #10-21 - Mead and Hunt, Inc. - Extend time of completion to June 30, 2022 (New Expiration Date: 06/30/2022) $0AddendumAdden #10-21 8/27/2021 Payables Total Addendum 1 $0 1 $0 Total 1 $0 1 $0 Consultant Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 9 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Executive CAG-21-222 Tripepi Smith & Assoc - Agreement for Communications Services $75,000 $75,000 P 9/23/2021 4/20/2022 Contractor: (082700) TRIPEPI SMITH ASSOCIATES INC Payables Total New 1 $75,000 1 $75,000 Total 1 $75,000 1 $75,000 Executive Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 10 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Finance CAG-15-245 WA State Department of Revenue - Data Sharing Agreement for Tax/Licensing Information $0 $0 M 10/21/2015 10/21/2022 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #1-21 - WA Department of Revenue - time extension (New Expiration Date: 10/21/2022) $0AddendumAdden #1-21 7/15/2021 CAG-18-164 FileLocal - Multi-City Business License & Tax Portal Interlocal Agreement $160,000 $160,000 P 3/1/2018 12/31/2999 Contractor: (086603) WA MULTI-CITY BUSINESS LICENSE Number DateType DescriptionAmount Adden #2-21 - Washington Multi-City Business License & Tax Portal Agency - Cost Allocation Amendment (New Expiration Date: 12/31/2999) $0AddendumAdden #2-21 9/23/2021 CAG-21-183 State Auditors office - Confidential Sharing Agreement $0 $0 M 7/7/2021 6/30/2021 Contractor: UNKNOWN VENDOR BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-15-245 WA State Department of Revenue - Data Sharing Agreement for Tax/Licensing Information $0 $0 M 10/21/2015 10/21/2022 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Payables Miscellaneous Total New 0 $0 2 $0 2 $0 Addendum 1 $0 1 $0 2 $0 Total 1 $0 3 $0 4 $0 Finance Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 11 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration HRRM CAG-21-194 Ogletree, Deakins, Nash, Smoak & Stewart - Agreement for Legal Advice and Consultation $15,000 $15,000 P 7/6/2021 12/31/2021 Contractor: (053379) OGLETREE DEAKINS NASH SMOAK & CAG-21-199 LatPro, Inc - Agreement for Employment Advertising $4,250 $4,250 P 8/9/2021 1/31/2022 Contractor: (043677) LATPRO INC CAG-21-236 Private Lateral Police - Joseph Wisniewski $0 $0 M 9/30/2021 9/30/2022 Contractor: UNKNOWN VENDOR Payables Miscellaneous Total New 2 $19,250 1 $0 3 $19,250 Total 2 $19,250 1 $0 3 $19,250 HRRM Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 12 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Information Technology CAG-16-118 Purchase & Installation of the Genetic AutoVu System $54,845 $58,588 P 7/7/2016 12/31/2999 Contractor: (060719) PCS MOBILE Women Owned Number DateType DescriptionAmount Adden #1-21 - PCS Mobile - AutoVu ALPR Police System - 2021-2022 support/maintenance (New Expiration Date: 12/31/2999) $3,743AddendumAdden #1-21 8/26/2021 CAG-18-084 Cities Digital, Inc - Laserfiche Rio Upgrade $95,927 $156,049 P 5/15/2018 12/31/2999 Contractor: (015775) CITIES DIGITAL INC Number DateType DescriptionAmount Adden #2-21 - Cities Digital (CDI) - purchase of additional Laserfiche licenses (Adden expires 5/9/2022) (New Expiration Date: 12/31/2999) $7,674AddendumAdden #2-21 9/13/2021 CAG-21-179 Origami Risk LLC - Three-year software subscription for Risk Management Information System $148,139 $148,139 P 7/19/2021 9/1/2024 Contractor: (058290) ORIGAMI RISK LLC CAG-21-189 Vincent Jessel - Veoci Airport Management System $18,222 $18,222 P 7/30/2021 12/31/2999 Contractor: (088191) VEOCI INC Minority Owned CAG-21-209 Miller Mendel, Inc - eSOPH Software as-a Service (SaaS) for Police Dept $11,538 $11,538 P 8/25/2021 12/31/2022 Contractor: (049520) MILLER MENDEL INC CAG-21-217 Carahsoft/Salesforce - Software as a Service (Cloud) Salesforce for HRAP, EHHS/HS Dept ($9,336.30 payable - processed separately outside of contract). $0 $9,387 P 9/1/2016 8/31/2022 Contractor: (013578) CARAHSOFT TECHNOLOGY CORP Number DateType DescriptionAmount Adden #1-21 - Carahsoft/Salesforce - Contract renewal for software as a service for HRAP, EHHS/HS Dept (New Expiration Date: 08/31/2022) $9,387AddendumAdden #1-21 9/15/2021 CAG-21-218 AV Capture All - Subscription Agreement for two Court Judicial Recording Application (JRA) Systems - recording and publishing (orig invoice was paid without contract #) $0 $2,400 P 5/1/2013 12/31/2999 Contractor: (007000) AV CAPTURE ALL INC Number DateType DescriptionAmount Adden #1-21 - AV Capture All - add subscription for Court recording/publishing. Subscription term: 10/1/2021 - 10/1/2022. (New Expiration Date: 12/31/2999) $2,400AddendumAdden #1-21 9/23/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-15-246 CUES- GraniteNet ESRI Module Software Implementation (contract payment of $7,912 was made outside of Eden system so is not reflected here). $0 $0 P 12/29/2015 12/31/2999 Contractor: (019285) CUES CAG-21-217 Carahsoft/Salesforce - Software as a Service (Cloud) Salesforce for HRAP, EHHS/HS Dept ($9,336.30 payable - processed separately outside of contract). $0 $9,387 P 9/1/2016 8/31/2022 Contractor: (013578) CARAHSOFT TECHNOLOGY CORP Number DateType DescriptionAmount CAG-21-218 AV Capture All - Subscription Agreement for two Court Judicial Recording Application (JRA) Systems - recording and publishing (orig invoice was paid without contract #) $0 $2,400 P 5/1/2013 12/31/2999 Contractor: (007000) AV CAPTURE ALL INC Number DateType DescriptionAmount \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 13 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Payables Total New 6 $177,899 6 $177,899 Addendum 4 $23,205 4 $23,205 Total 10 $201,104 10 $201,104 Information Technology Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 14 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Other CAG-11-093 Seattle Public Utilities - Water Supply Partial Requirement Contract ($49,000 in 2011) $49,000 $49,000 P 5/5/2011 1/1/2062 Contractor: (016058) SEATTLE PUBLIC UTILITIES Number DateType DescriptionAmount Adden #1-21 - City of seattle Public utilities - Time extension to complete periodic review of contract terms and condition (New Expiration Date: 12/31/2062) $0AddendumAdden #1-21 10/8/2021 CAG-13-161 Puget Sound Refrigeration Mechanical - HVAC Maintenance -Guaranteed Service Program for Maplewood Golf Course $8,856 $76,651 P 8/14/2013 6/30/2022 Contractor: (064542) PSR Number DateType DescriptionAmount Adden #7-21 - PSR - Additional work and time extension (New Expiration Date: 06/30/2022) $10,451AddendumAdden #7-21 9/3/2021 Payables Total Addendum 2 $10,451 2 $10,451 Total 2 $10,451 2 $10,451 Other Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 15 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Police CAG-21-178 King County Sheriff's Office - Cost Reimbursement Agreement - 2021 - 2022 Registered Sex Offender Grant $16,247 $16,247 R 8/9/2021 6/30/2022 Contractor: UNKNOWN VENDOR CAG-21-203 Edmunds Private - Lateral Police Officer - payment if leaves early $0 $0 R 8/3/2021 12/31/2999 Contractor: UNKNOWN VENDOR CAG-21-204 Lantagne Private - Lateral Police Officer - payment if leaves early $0 $0 R 8/3/2021 12/31/2999 Contractor: UNKNOWN VENDOR BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-169 Valley Communications Center - Service Level Agreement for Emergency Communication Services $0 $0 M 6/29/2021 1/1/2036 Contractor: UNKNOWN VENDOR CAG-21-171 Sean Greenlee - The Renton Police Department will collaborate with Sean Greenlee to create an Advisory/Equity Council to facilitate services for Police equity. $10,000 $10,000 P 6/22/2021 12/31/2021 Contractor: (071781) SEAN GREENLEE CONSULTING LLC Minority Owned Payables Receivables Miscellaneous Total New 1 $10,000 3 $16,247 1 $0 5 $26,247 Total 1 $10,000 3 $16,247 1 $0 5 $26,247 Police Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 16 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Property Lease LAG-13-004 WA DNR - Aquatic Lands Lease No. 22-086143 with the Washington State Department of Natural Resources for the Gene Coulon Memorial Beach Park $3,982 $91,982 P 8/27/2013 6/30/2043 Contractor: (089199) DEPT OF NATURAL RESOURCES Number DateType DescriptionAmount Adden - Internal Amount Changet - WA DNR - Aquatic Lands Lease No. 22-086143 with the Washington State Department of Natural Resources for the Gene Coulon Memorial Beach Park $88,000AddendumAdden Internal 7/22/2021 LAG-14-006 Amazing Grace Lutheran Church - Leasing 1st floor of the 200 Mill Bldg (4 years - $705,279.36 over the duration of the lease) $0 $0 R 11/3/2014 5/31/2023 Contractor: (1854) AMAZING GRACE CHRISTIAN SCHOOL Number DateType DescriptionAmount Adden #3-21 - Amazing Grace - Lease extention (New Expiration Date: 05/31/2023) $0AddendumAdden #3-21 7/15/2021 Payables Receivables Total Addendum 1 $88,000 1 $0 2 $88,000 Total 1 $88,000 1 $0 2 $88,000 Property Lease Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 17 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 18 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-15-080 Perteet, Inc. - NE Sunset Blvd Preliminary Design Phase $578,048 $665,055 P 4/6/2015 1/31/2025 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount Adden #7-21 - Perteet, Inc. - Alternatives to 30% design (New Expiration Date: 01/31/2025) $20,199AddendumAdden #7-21 10/8/2021 CAG-16-063 Parametric - Duvall Ave NE, NE 10th St to Sunset Blvd $390,848 $1,376,037 P 6/21/2016 12/31/2025 Contractor: (060277) PARAMETRIX INC Number DateType DescriptionAmount Adden #13-21 Parametrix, Inc. - Overall project management, construction support, record drawings and time extension (New Expiration Date: 12/31/2025) $94,239AddendumAdden 13 7/23/2021 CAG-17-050 RH2 Engineering, Inc. - Lift Station and Force Main Rehabilitation Group 1 Facilities Predesign $176,379 $608,043 P 3/20/2017 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Number DateType DescriptionAmount Adden #5-21 - RH2 engineering, Inc. - Time Extension (WWP273954) (New Expiration Date: 12/31/2021) $0AddendumAdden #5-21 8/27/2021 CAG-18-155 Applied Ecology - Installation of new plantings, invasive species control, inspection path clearing $80,805 $189,867 P 8/7/2018 12/31/2022 Contractor: (005221) APPLIED ECOLOGY LLC Number DateType DescriptionAmount CO #4-21 - Applied Ecology, LLC - Vegetation clearing and grubbing along Cedar River levee wall for USACE inspection (SW273634) (New Expiration Date: 12/31/2022) $4,966ChangeCO #4-21 10/8/2021 CAG-19-107 Otto Rosenau & Associates - Kennydale Reservoir Special Inspection and Materials Testing $99,418 $99,418 P 4/12/2019 12/16/2020 Contractor: (058570) OTTO ROSENAU & ASSOCIATES INC Women Owned Number DateType DescriptionAmount Adden #1-20 - Otto Rosenau & Associates, Inc.- Time Extension for Material Testing and Special Inspections (WTR2703956) (New Expiration Date: 07/31/2021) $0AddendumAdden #1-20 12/18/2020 CAG-19-143 RH2 Engineering, Inc. - Renton Airport Private Lift Station Replacement Design $95,600 $106,600 P 5/5/2019 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Number DateType DescriptionAmount Adden #2-21 - RH2 engineering, inc. - Additional Design Effort & Time Extension (WWP274058) (New Expiration Date: 12/31/2021) $11,000AddendumAdden #2-21 8/27/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 19 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-20-001 Cascade Civil Construction, LLC. - Williams Av S and Wells Av S Conversion Project $7,733,423 $8,554,008 P 3/24/2020 3/30/2024 Contractor: (013903) CASCADE CIVIL CONSTRUCTION Number DateType DescriptionAmount CO #8-21 - Cascade Civil Construction, LLC. - Change Order #8 - Single lane instead of full closures on S 3rd St. (New Expiration Date: 03/30/2024) $-22,000ChangeCO 8 7/23/2021 CO #9-21 - Cascade Civil Construction, LLC. - Change Order #9 - Adding 36 Contract Days $0ChangeCO #9-21 8/27/2021 CO-10-21 - Cascade Civil Construction llc - Change Order #10, Field office reduction $-57,915ChangeCO #10-21 8/27/2021 CO #12-21 - Cascade Civil Construction LLC - Change Order #12, Sewer Revisions (New Expiration Date: 03/30/2024) $360,000ChangeCO #12-21 10/8/2021 CO #13-21 - Cascade Civil Construction LLC - Change Order #13, Storm Revisions (New Expiration Date: 03/30/2024) $37,000ChangeCO #13-21 10/8/2021 CO #16-21 - Cascade Civil Construction LLC - Change Order #16, Fiber Optic work by contractor (New Expiration Date: 03/30/2024) $10,000ChangeCO #16-21 10/8/2021 CO #11-21 - Cascade Civil Construction LLC - Change Order #11, curb, gutter an sidewalk revisions (New Expiration Date: 03/30/2024) $70,000ChangeCO #11-21 10/8/2021 CAG-20--06 Reed Trucking & Excavating, Inc. - Duvall Av NE Roadway Improvements Project $5,218,172 $5,218,172 P 7/19/2021 12/31/2999 Contractor: (066295) REED TRUCKING & EXCAVATING INC CAG-20-126 Active Construction, Inc. - Lake Washington Loop Trail Project $1,709,709 $1,689,564 P 4/7/2021 12/31/2030 Contractor: (000767) ACTIVE CONSTRUCTION INC Number DateType DescriptionAmount Co #4-21 - Active Construction, Inc. - Revise Crushed Surfacing Base Course (CSBC) to Crushed Surfacing Top Course (CSTC) (New Expiration Date: 12/31/2030) $0ChangeCO 4 7/23/2021 CO #5-21 - Active Construction, Inc. -Concrete Inlet in lieu of Type 1 Catch Basin (New Expiration Date: 12/31/2030) $-500ChangeCO 5 7/23/2021 CO #3-21 - Active Construction, Inc. - Deletion of 3 Catch Basins$-26,456ChangeCO 3 7/23/2021 CO #8-21 - Active Construction, Inc. - Removal of Tree and Stump in conflict with pole (New Expiration Date: 12/31/2030) $4,826ChangeCO #8-21 7/30/2021 CO #6-21 - Active Construction - Revise to use concrete instead of HMA on cycle track (New Expiration Date: 12/31/2030) $2,612ChangeCO #6-21 7/30/2021 CO #7-21 - Active Construction, inc. - Class 4000p concrete for electrical foundations (New Expiration Date: 12/31/2030) $730ChangeCO #7-21 7/30/2021 CO #9-21 - Active Construction, Inc. - Plant Establishment & irrigation revisions $-1,356ChangeCO #9-21 8/27/2021 CO #11-21 - Active Construction, Inc. - Additional working days (New Expiration Date: 12/31/2030) $0ChangeCO #11-21 10/8/2021 CO #9-21 - Active Construction, Inc. - Plant Establishment & irrigation revisions (New Expiration Date: 12/31/2030) $-1,356ChangeCO #9-21 10/22/2021 CO #10-21 - Active Construction, Inc. - Time Extension - 9 days (New Expiration Date: 12/31/2030) $0ChangeCO #10-21 10/22/2021 CAG-20-127 Perteet, Inc. - Williams Avenue S and Wells Avenue S Conversion Project Construction Management Services $1,539,857 $1,579,050 P 6/30/2020 12/31/2024 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount CO #10-21 - Active Construction, Inc.- Time Extension - 9 days$0ChangeCO #10-21 8/27/2021 ADDED THIS CO #10-21 TO THE WRONG CONTRACT IN EDEN - Active Construction, Inc.- Time Extension - 9 days - DISREGARD SUPPLEMENTAL #3240 $0Addendum10/22/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 20 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-20-128 Kennydale Reservoir Schedule C Offsite Improvements (WTR273956)$806,317 $801,158 P 10/8/2020 6/30/2021 Contractor: (061616) PGH EXCAVATING INC Number DateType DescriptionAmount CO #4-21 - PGH Excavating, Inc. - Contract Reconciliation (New Expiration Date: 06/30/2021) $-19,212ChangeCO 4 7/23/2021 CAG-20-148 Washington State Department of Ecology - Stormwater Facility Retrofit Study Project (SWP274129) - $250,000 ($187,500 Grant, $62,500 City Match) $0 $0 R 8/10/2020 12/31/2022 Contractor: (1255) WASHINGTON STATE Number DateType DescriptionAmount Adden #1-21 - Washington State Department of Ecology - City of Renton Stormwater Facility Retrofit Study Project- Agreement Time Extension (New Expiration Date: 12/31/2022) $0AddendumAdden #1-21 10/8/2021 CAG-20-150 P.G.H. Excavating, Inc. - Renton School Crossings - Construction Contract - Renton Elementary and Middle School Crossings $374,703 $418,910 P 3/5/2021 12/31/2030 Contractor: (061616) PGH EXCAVATING INC Number DateType DescriptionAmount CO #3-21 - PGH Excavating, Inc - Rectangular Rapid Fire Beacon (RRFB) System revisions at the three school sites $-1,020ChangeCO 3 7/23/2021 CO #4-21 - PGH Excavating, Inc. - Shrubs removal & mix design revision (New Expiration Date: 12/31/2030) $3,783ChangeCO 4 7/23/2021 CO #5-21 - PGH Excavating, Inc. - McKnight CB, Sierra Heights ROW (New Expiration Date: 12/31/2030) $4,500ChangeCO 5 7/23/2021 CO #6-21 - PGH Excavating, Inc. - Topsoil gradation and extruded curb anchoring revisions $0ChangeCO #6-21 7/30/2021 CO #7-21 - PGH Excavating, Inc - Locking mailbox, seeded lawn install$-665ChangeCO #7-20 8/27/2021 CO #8-21 - PGH Excavating, Inc - Maplewood and McKnight ramp revisions $31,000ChangeCO #8-21 8/27/2021 CAG-20-338 Transpo Group USA, Inc. - Safe Routes to Transit - Design Engineering Services $34,800 $252,745 P 9/30/2020 12/31/2025 Contractor: (082361) TRANSPO GROUP USA INC Number DateType DescriptionAmount Adden #4-21 - Transpo group - Continuation to complete WSDOT permitting for pedestrian crossing (New Expiration Date: 12/31/2025) $5,100AddendumAdden #4-21 10/22/2021 CAG-20-371 Prime Electric, Inc. - replacement of a signal pole and foundation at Houser Way South and Mill Avenue South $92,775 $92,775 P 9/24/2020 8/6/2021 Contractor: (063506) PRIME ELECTRIC INC Number DateType DescriptionAmount CO #1-21 - Prime electric, Inc. - Time Extention only (New Expiration Date: 12/31/2021) $0ChangeCO #1-21 8/27/2021 CAG-20-393 Gray & Osborne - Renton School Crossings project.$98,500 $176,249 P 3/10/2021 12/31/2025 Contractor: (031245) GRAY & OSBORNE INC Number DateType DescriptionAmount Adden #2-21 - Gary & Osborne, Inc. - Supplemental Services - Additional CM Services $50,050AddendumAdden 2 7/22/2021 CAG-21-003 Westwater Construction Company - Houser Way Intersection and Pedestrian Improvements Project $1,169,867 $1,169,867 P 7/21/2021 12/31/2925 Contractor: (091527) WESTWATER CONSTRUCTION CO \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 21 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-21-011 Murraysmith, Inc. - Services During Construction for the Downtown Utility Improvement Project (WWP2703949) $1,597,678 $1,597,678 P 1/13/2021 1/21/2023 Contractor: (052444) MURRAYSMITH INC Number DateType DescriptionAmount Adden #1-21 - Murraysmith, Inc. - Downtown Utility Improvement Project Services During Construction (WWP2703949) (New Expiration Date: 01/21/2023) $177,686AddendumAdden #1-21 10/8/2021 CAG-21-104 Insituform Techonologies, LLC - Renton Highlands Sanitary Sewer Rehabilitation Phase II $688,683 $688,683 P 8/23/2021 6/1/2022 Contractor: UNKNOWN VENDOR CAG-21-128 Parametrix, Inc. - Topographical Survey for CMP Storm System Replacement Project (SWP274030) $46,315 $46,315 P 5/12/2021 7/31/2022 Contractor: (060277) PARAMETRIX INC Number DateType DescriptionAmount Adden #1-21 - Parametrix, inc - time extension only (New Expiration Date: 12/31/2022) $0AddendumAdden #1-21 7/30/2021 CAG-21-133 Foster Garvey PC - Potential Litigation Clean Water Act $25,000 $60,000 P 5/13/2021 12/31/2022 Contractor: (027127) FOSTER GARVEY PC Number DateType DescriptionAmount Adden #1-21 - Foster Garvey, PC.- maximum payable increase (New Expiration Date: 12/31/2022) $35,000AddendumAdden 1 7/30/2021 CAG-21-193 RH2 Engineering, Inc. - West Hills Booster Pump Station Improvements Design $216,343 $216,343 P 8/5/2021 5/31/2022 Contractor: (068180) RH2 ENGINEERING INC CAG-21-205 The Flatiron-Lane Joint Venture - Gateway Enhancement Project (Grant Rec: $200,000.00) $200,000 $200,000 R 9/7/2021 12/31/2999 Contractor: UNKNOWN VENDOR CAG-21-206 Puget Sound Energy (PSE) - Schedule 74 Construction Agreement - Duvall Av NE Project $87,032 $87,032 P 9/7/2021 12/31/2022 Contractor: (064290) PUGET SOUND ENERGY CAG-21-213 KPG - Transportation analysis services for Downtown Renton $33,566 $33,566 P 8/30/2021 12/31/2022 Contractor: (042772) KPG INC CAG-21-214 Transpo Group, USA - Professional Services for LocalRoad Safety & Action Plan $34,000 $34,000 P 9/8/2021 6/30/2022 Contractor: (082361) TRANSPO GROUP USA INC BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-15-089 KPG, P.S. - Rainier Av S. Corridor Improvements Phase 4 Survey $98,586 $3,174,036 P 10/23/2015 12/31/2021 Contractor: (042772) KPG INC Number DateType DescriptionAmount Adden #6-20 - KPG - added in 2020 with time extension only and forgot to add the amount. $219,072AddendumAdden 6 7/22/2021 CAG-20-127 Perteet, Inc. - Williams Avenue S and Wells Avenue S Conversion Project Construction Management Services $1,539,857 $1,579,050 P 6/30/2020 12/31/2024 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount CO #2-21 - Active Construction - Storm pipe material change (New Expiration Date: 12/31/2030) $0ChangeCO 2 7/23/2021 CAG-21-040 Washington State Department of Ecology - Heather Downs Detention WQ Retrofit Project Construction Grant 00187 (SWP273980) Grant - $307,000 ($230,250 Grant, $76,750 City Match) $0 $0 R 6/11/2021 12/31/2022 Contractor: UNKNOWN VENDOR CAG-21-138 Peter Goetzinger, LLC - new artist contract to paint mural on Kennydale reservoir $71,318 $71,318 P 6/25/2021 9/30/2021 Contractor: (061304) PETER GOETZINGER LLC \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 22 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 ExecutedContract #Description Original Amt Current Amt Class Expiration Payables Receivables Total New 8 $7,518,981 2 $200,000 10 $7,718,981 Addendum 12 $612,346 1 $0 13 $612,346 Change 28 $398,935 0 $0 28 $398,935 Total 48 $8,530,262 3 $200,000 51 $8,730,262 Public Works Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 23 of 24 AGENDA ITEM #5. b) Contracts Fully Executed Detail For 7/1/2021 to 9/30/2021 Payables Receivables Miscellaneous Total New 53 $9,044,530 11 $949,891 8 $0 72 $9,994,420 Addendum 32 $946,623 4 $63,646 2 $0 38 $1,010,269 Change 31 $410,057 1 $0 0 $0 32 $410,057 Total 116 $10,401,210 16 $1,013,537 10 $0 142 $11,414,746 Grand Total by Type Payables Receivables Miscellaneous Total Unknown Vendor 4 $744,293 11 $708,356 10 $0 25 $1,452,648 Non-WMBE 103 $9,548,953 5 $305,181 0 $0 108 $9,854,134 Minority Owned 2 $28,222 0 $0 0 $0 2 $28,222 Minority Owned, Disadvantaged Business, Women Owned 3 $31,000 0 $0 0 $0 3 $31,000 Minority Owned, Women Owned 1 $34,999 0 $0 0 $0 1 $34,999 Women Owned 3 $13,743 0 $0 0 $0 3 $13,743 Total 116 $10,401,210 16 $1,013,537 10 $0 142 $11,414,746 Grand Total by WMBE \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:10:07PM Printed: 11/3/2021 Page 24 of 24 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Airport CAG-20-040 Aviation Management Consulting Group (AMCG) - Airport Rate and Fees Consultant Services Not to exceed $78,285 plus tax $78,285 $78,285 P 12/10/2019 12/31/2021 Contractor: (007012) AVIATION MANAGEMENT CONSULTING CAG-20-092 Widener & Associates - Support Services to relieve the flood caused blockage of the Seaplane Base at the City of Renton Municipal Airport $74,573 $74,573 P 4/28/2020 12/31/2021 Contractor: (091851) COWLING & CO LLC Adden #1-20 - Widener & Associates - Additional terms and agreement - Provide Permitting Support Services to Relieve the Flood Caused Blockage of the Seaplane Base $0AddendumAdden #1-20 9/11/2020 Adden- 10-14-2021- BUSINESS NAME CHANGE TO Cowling dba Widener & Associates per 10-14-2021 email - Provide Permitting Support Services to Relieve the Flood Caused Blockage of the Seaplane Base $0Addendum10/14/2021 CAG-20-106 Mott MacDonald, LLC - Assessment of flood damages to the Airport Seaplane Base Infrastructure & nagavational areas $67,700 $87,995 P 5/18/2020 12/31/2021 Contractor: (051522) MOTT MACDONALD LLC Adden #1-20 - mott Macdonald, llc - Provide Marine Engineering Services$0AddendumAdden #1-20 10/8/2020 Adden #2-21 - Mott Macdonald, LLC - Assessment of flood damages to the Airport Seaplane Base Infrastructure & nagavational areas (New Expiration Date: 12/31/2021) $20,295AddendumAdden #2-21 1/11/2021 CAG-21-005 KPG - A&E On-Call Professional Services $30,000 $68,482 P 1/6/2021 12/31/2021 Contractor: (042772) KPG INC Adden #1-21 - kpg - Increase compensation - A&E On-Call Professional Services $38,482AddendumAdden 1 7/23/2021 CAG-21-184 Road Construction NW - 2021 Runway PCC Panel Repair Project $448,393 $448,393 P 9/15/2021 12/31/2021 Contractor: (068803) ROAD CONSTRUCTION NW INC CAG-21-198 All Around Fence Co. - Small Works Contract - 3-Strands of Barbwire $13,719 $13,719 P 7/28/2021 11/11/2021 Contractor: (001858) ALL AROUND FENCE CO CAG-21-201 All Around Fence Co. - Airport Fence Repair $4,598 $4,598 P 8/9/2021 10/9/2021 Contractor: (001858) ALL AROUND FENCE CO LAG-19-004 Puget Sound Energy - 622 Hangar ($6,280.86 per month)$0 $0 R 5/14/2019 2/28/2022 Contractor: UNKNOWN VENDOR Payables Receivables Total Total 12 $776,046 1 $0 13 $776,046 Airport Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 1 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration CED \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 2 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration CED CAG-16-169 Hocevar Real Estate, LLC - Façade Improvement for 332 Burnett Av S $165,000 $165,000 P 10/12/2016 1/31/2022 Contractor: (034798) HOCEVAR REAL ESTATE CAG-19-188 ORCA HR Solutions - Consulting Services for Downtown Kitchen Incubator $15,400 $23,450 P 7/1/2019 12/31/2021 Contractor: (060577) ORCA HR SOLUTIONS Adden #1-19 - ORCA HR Solutions - Consulting Services for Downtown Kitchen Incubator $8,050AddendumAdden #1-19 11/13/2019 CAG-19-288 KPG - Downtown Core Streetscape Engineering Consultant Agreement $294,216 $422,282 P 10/1/2019 10/31/2021 Contractor: (042772) KPG INC Adden #1-20 - KPG, P.S. - Downtown Core Streetscape: Supplement #1 CM services (New Expiration Date: 10/31/2021) $99,946AddendumAdden #1-20 1/8/2021 Adden #2-21 - KPG, P.S. - Downtown Core Streetscape: Supplement #2$28,120AddendumAdden #2-21 5/12/2021 CAG-20-100 Swiftsure Energy Services, LLC - HERS energy modeling for accessory dwelling unit (ADU) design plans $1,500 $1,500 P 5/11/2020 11/6/2021 Contractor: (079321) SWIFTSURE ENERGY SERVICES LLC CAG-20-143 R.W. Scott Construction - downtown streetscape project is nearing its 100% design completion $839,370 $850,725 P 1/28/2021 12/31/2021 Contractor: (071670) RW SCOTT CONSTRUCTION CO CO #1-21 - R.W. Scott Construction - Change order 01-Curb Height Change and Removal of Tree Grates (New Expiration Date: 12/31/2021) $8,721ChangeCO #1-21 3/26/2021 CO #2-21 -R.W. Scott Construction - Change order 02- allows full payment of Pay Estimate $2,635ChangeCO #2-21 5/26/2021 CAG-20-480 4-Leafs - Plan Review/Electrician Inspections $15,000 $25,000 P 12/3/2020 12/31/2021 Contractor: (000062) 4LEAF INC Adden #1-21 - 4Leaf - Adding $10,000 to contract total for field inspections on building (New Expiration Date: 12/31/2021) $10,000AddendumAdden #1-21 8/27/2021 CAG-20-483 KShift dba AssetLab Marketing - website hosting and annual maintenance $9,854 $9,854 P 12/7/2020 12/31/2021 Contractor: (042980) ASSETLAB MARKETING CAG-20-492 Reid Middleton - HERS energy modeling for ADU design plans $63,900 $77,600 P 12/18/2020 12/31/2021 Contractor: (066451) REID MIDDLETON INC Adden #1-21 - Reid Middleton - Amending the scope of work and the time of performance set forth in Exhibit A-1 and the maximum amount of compensation increased from $63,900 to $77,600. $13,700AddendumAdden #1-21 6/11/2021 CAG-21-010 Perteet, Inc. - Conceputal evaluation of future light rail transit LRT $23,089 $23,089 P 12/31/2020 12/31/2021 Contractor: (061292) PERTEET INC Adden #1-21 - Perteet, Inc. - Amending the Time of Performance to allow additional time for the project to be completed. (New Expiration Date: 12/31/2021) $0AddendumAdden #1-21 6/8/2021 CAG-21-012 BHC Consulting - Plan Review/Inspection Services $5,000 $30,000 P 1/8/2021 12/31/2021 Contractor: (009510) BHC CONSULTANTS LLC Adden #1-21 - BHC Consulting - Additional amount for Plan Review/Inspection Services - Changing amount from $5,000 to $20,000 (New Expiration Date: 12/31/2021) $15,000AddendumAdden #1-21 3/30/2021 Adden #2-21 - BHC Consulting - Adding $10,000 to contract total for field inspections on building permits (New Expiration Date: 12/31/2021) $10,000AddendumAdden #2-21 10/8/2021 CAG-21-013 Kolke Consulting - Plan Review $5,000 $5,000 P 1/8/2021 12/31/2021 Contractor: (042740) KOLKE CONSULTING GROUP INC CAG-21-014 Reid Middleton - Plan Review $20,000 $20,000 P 1/8/2021 12/31/2021 Contractor: (066451) REID MIDDLETON INC CAG-21-027 Renton Chamber of Commerce - LTAC sponsorship of the Chamber operations as a tourism organization $150,000 $150,000 P 2/4/2021 12/31/2021 Contractor: (066950) RENTON CHAMBER OF, COMMERCE CAG-21-086 4Culture - 2021 Arts Sustained Support Grant $0 $0 R 4/19/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-108 Renton Downtown partnership - LTAC Agreement with Renton Downtown Partnership $20,000 $20,000 P 4/30/2021 12/31/2021 Contractor: (067104) RENTON DOWNTOWN PARTNERSHIP \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 3 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration CED CAG-21-109 Port of Seattle - Agreement for funding through the Tourism Marketing Program ($10,000) $0 $0 R 4/29/2021 12/31/2021 Contractor: (3363) PORT OF SEATTLE CAG-21-110 Port of Seattle - Agreement for funding through the Economic Development Partnership Program ($60,000) $0 $0 R 4/29/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-147 Alexander Codd - Agreement for design and implementation of mural at Liberty Park $5,000 $5,000 P 6/8/2021 12/31/2021 Contractor: (001778) ALEXANDER CODD CAG-21-152 Cultural Resource Consultants, LLC - Agreement for cultural review to support grant funding eligibility from WA State Dept of Commerce for improvements to Burnett Ave S. $3,080 $3,080 P 6/9/2021 12/31/2021 Contractor: (019299) CULTURAL RESOURCE CONSULTANTS CAG-21-187 Norman Williamson dba Kaleidoscope Services - 2021 Downtown Hanging Basket Watering Agreement $10,000 $10,000 P 7/30/2021 12/31/2021 Contractor: (040085) KALEIDOSCOPE SERVICES Women Owned CAG-21-210 Randall Morris Foundation - LTAC funding for a 2021 Celebrity Golf Tournament & Gala $20,000 $20,000 P 8/25/2021 12/31/2021 Contractor: (065733) RANDALL MORRIS FOUNDATION FOR CAG-21-219 Tasveer - LTAC Funding for the 2021 Tasveer Film Summit $5,000 $5,000 P 9/13/2021 12/31/2021 Contractor: UNKNOWN VENDOR Payables Receivables Total Total 29 $1,866,580 3 $0 32 $1,866,580 CED Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 4 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration City Attorney CAG-16-185 Renton Housing Authority - Agreement to enter into a promissory note for demolition of properties in the Sunset Revitalization Area $0 $0 M 11/22/2016 12/31/2021 Contractor: UNKNOWN VENDOR Miscellaneous Total Total 1 $0 1 $0 City Attorney Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 5 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 6 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-08-171 Horizon Distributors, Inc. - Irrigation System Software Support for Maplewood Golf Course $7,462 $27,651 P 11/4/2008 12/31/2021 Contractor: (035250) HORIZON DISTRIBUTORS INC Horizon Distributors - Global Service Plan renewal for irrigation central control at Golf Course (Prevous Expiration Date: 09/28/2011 and New Expiration Date: 12/24/2014) $10,791AddendumAdden #1-11 10/31/2011 Adden #2-14 - Horizon - time extension and extra amount - Service for Golf course irrigation software system (Prevous Expiration Date: 10/24/2014 and New Expiration Date: 12/31/2017) $9,397AddendumAdden #2-14 12/9/2014 Adden #3-18 - Horizon - Irrigation System Software Support - Time extension & extra amount $0Addendum1/12/2018 CAG-17-153 S.M. Stemper Architects - Architectural Design of Four City Hall Elevators $286,281 $600,389 P 7/13/2017 12/31/2021 Contractor: (070009) S.M. STEMPER ARCHITECTS Minority Owned, Women Owned Adden #1-18 - S.M. Stemper Architects - additional scope of work (Prevous Expiration Date: 06/01/2020 and New Expiration Date: 06/01/2020) $78,837AddendumAdden #1-18 3/9/2018 Adden #2-19 - S.M. Stemper Architects - add engineering services for emergency generator replacement (New Expiration Date: 06/01/2020) $82,897AddendumAdden #2-19 8/8/2019 Adden #3-20 - Stemper Architecture Collaborative, Inc - time extension (New Expiration Date: 12/31/2021) $0AddendumAdden #3-20 8/6/2020 Adden #4-20 - Stemper Architecture Collaborative, Inc - Additional work and time extension for generator replacement (New Expiration Date: 12/31/2021) $152,374AddendumAdden #4-20 9/14/2020 CAG-18-007 King & Bunny's Appliances - Neighborhood Program Trailer & Events $5,000 $5,000 R 1/5/2018 1/31/2022 Contractor: UNKNOWN VENDOR CAG-18-076 ConText Evaluation - Evaluation Services for Best Start Kids Fund "Highlands Quality Out of School Time Partnership" Grant $26,000 $36,000 P 4/17/2018 12/31/2021 Contractor: (046957) MARGARET A MCKENNA Women Owned Adden #1-20 - Margaret A. McKenna - Amend compensation and time extension (New Expiration Date: 12/31/2021) $10,000AddendumAdden #1-20 12/11/2020 CAG-18-092 Blue Ridge Parkway Foundation - Kid's in Parks Program for Track Trail at Cedar River Park $7,900 $7,900 P 5/30/2018 12/31/2021 Contractor: (010245) BLUE RIDGE PARKWAY FOUNDATION CAG-18-232 Environmental Science Center - Environmental Science Programs & Classes at Highlands Neighborhood Center $60,000 $94,000 P 9/7/2018 12/31/2021 Contractor: (024358) ENVIRONMENTAL SCIENCE CENTER Adden #1-21 - Environmental Science Center - Additional scope of work and time extension $34,000AddendumAdden #1-21 1/6/2021 CAG-18-268 Mackenzie Architects - Architectural services for 4th Floor City Hall remodel $192,000 $258,000 P 12/10/2018 10/1/2021 Contractor: (045998) MACKENZIE ENGINEERING INC Adden #1-19 - McKenzie Architects - Additional color palettes and meetings - 4th Floor City Remodel (New Expiration Date: 10/31/2019) $4,000AddendumAdden #1-19 7/24/2019 Adden #2-20 - Mackenzie Engineering - change of compensation and time for performance (New Expiration Date: 04/01/2021) $32,000AddendumAdden #2-20 4/10/2020 Adden #3-20 - Mackenzie Engineering - Increased compensation (New Expiration Date: 10/01/2020) $30,000AddendumAdden #3-20 8/6/2020 CAG-19-060 Youth and Amateur Sports Grant - Family First Community Center - Gymnasium Costs $20,000 $20,000 R 1/1/2017 12/31/2021 Contractor: UNKNOWN VENDOR Adden #1-20 - King County Youth & Amateur Sports Grant - time extension for Family First Community Center (New Expiration Date: 12/31/2021) $0AddendumAdden #1-20 11/25/2020 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 7 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-19-061 King County Parks - Youth and Amateur Sports Grant - Family First Community Center - Project Costs $55,000 $55,000 R 1/1/2018 12/31/2021 Contractor: UNKNOWN VENDOR Adden #1-20 - King County Youth & Amateur Sports Grant - time extension for Family First Community Center (New Expiration Date: 12/31/2020) $0AddendumAdden #1-20 1/14/2020 Adden #2-20 - King County Youth & Amateur Sports Grant - time extension for Family First Community Center (New Expiration Date: 12/31/2021) $0AddendumAdden #2-20 11/9/2020 CAG-19-199 Canber Corporation - 2019-2021 Landscape Maintenance Agreement $556,004 $508,457 P 8/1/2019 12/31/2021 Contractor: (013391) CANBER CORPS CO #1-20 - Canber Corporation - Reduce number of sites maintained & reduction of budget (New Expiration Date: 12/31/2021) $-55,713ChangeCO #1-20 2/14/2020 CO #2-20 - Canber Corporation - addition of new maintained site and funds to contract budget (New Expiration Date: 12/31/2021) $8,166ChangeCO #2-20 10/20/2020 CAG-19-269 Davey Tree Expert Company - 2019 On-Call Tree Maintenance $35,000 $70,000 P 9/16/2019 12/31/2021 Contractor: (020110) THE DAVEY TREE EXPERT COMPANY Adden #1-19 - Davey Tree Expert Co - additional scope of work - Jones Park DED treatment (New Expiration Date: 01/31/2020) $1,870AddendumAdden #1-19 10/31/2019 CORRECTION FOR ADDEN #1-19 - Davey Tree Expert Co - additional scope of work - Jones Park DED treatment - This amount should have been zero because the main contract is the full amount of the contract. $-1,870Addendum12/19/2019 Adden #2-19 - Davey Tree Expert Company - Additional scope of work - Renton Ave S (amount of work $4,142.60) (New Expiration Date: 09/01/2020) $0AddendumAdden #2-19 12/20/2019 Adden #3-20 - Davey Tree Expert - Additional tree maintenance services (New Expiration Date: 09/01/2020) $0AddendumAdden #3-20 4/28/2020 Adden #4-20 - Davey Tree Expert Company - iInvoice for tree DED treatment as part of on-call services (New Expiration Date: 09/01/2020) $0AddendumAdden #4-20 7/24/2020 CO #1-20 - Davey Tree Expert Company - Time extension only (New Expiration Date: 12/31/2020) $0ChangeCO #1-20 10/20/2020 CO #2-21 - Davey Tree Expert Company - 2019 Tree Maintenance Agreement Renewal for 2021 (New Expiration Date: 12/31/2021) $35,000ChangeCO #2-21 2/12/2021 Adden #5-21 - Davey Tree Expert Co. - Additional on-call Tree Maintenance Work (New Expiration Date: 12/31/2021) $0AddendumAdden #5-21 7/30/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 8 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-19-271 Trelstad Tree Service LLC - 2019 On-Call Tree Maintenance $35,000 $70,000 P 9/17/2019 12/31/2021 Contractor: (082475) TRELSTAD TREE Adden #2-19 - Trelstad Tree Service LLC - removal of cottonwood tree in Cascade Park (New Expiration Date: 09/01/2020) $3,630AddendumAdden #2-19 11/12/2019 Adden #1-19 - Trelstad Tree Service LLC - removal of elm tree in Jones Park $8,195Addendum11/12/2019 CORRECTION TO BOTH ADDENDUMS ENTERED THEY SHOUL;D HAVE A -0- BALANCE: Adden #1-19 - Trelstad Tree Service LLC - removal of elm tree in Jones Park for $8,195.00 and Adden #2-19 - Trelstad Tree Service LLC - removal of cottonwood tree in Cascade Park for $-11,825Addendum2/19/2020 Adden #3-20 - Trelstad Tree Service - Emergency removal and tree trimming in Cascade Park (New Expiration Date: 09/01/2020) $0AddendumAdden #3-20 7/16/2020 CO #1-20 - Trelstad Tree Service - Time extension only (New Expiration Date: 12/31/2020) $0ChangeCO #1-20 10/20/2020 Adden #4-20 - Trelstad Tree Service - Emergency cabling and trimming of trees in Maplewood Park (existing funds) (New Expiration Date: 12/31/2020) $0AddendumAdden #4-20 10/23/2020 Adden #5-20 - Trelstad Tree Service - trimming of storm-damaged tree in Liberty Park (existing funds) (New Expiration Date: 12/31/2020) $0AddendumAdden #5-20 12/22/2020 CO #2-21 - Trelstad Tree - 2019 Tree Maintenance Agreement Renewal for 2021 (New Expiration Date: 12/31/2021) $35,000ChangeCO #2-21 2/12/2021 Adden #6-21 - Trelstad Tree - Emergency Tree Removal ($2,112 using current funds). (New Expiration Date: 12/31/2021) $0AddendumAdden #6-21 4/23/2021 Adden #7-21 - Trelstad Tree - Emergency Tree Removal and stump grinding ($3,036.56 use of current funds) (New Expiration Date: 12/31/2021) $0AddendumAddne #7-21 4/30/2021 CAG-20-009 WSP USA, Inc - Design & Construction Admin Services for Coulon Memorial Beach Park Trestle Bridge Replacement $341,400 $361,700 P 1/13/2020 12/31/2021 Contractor: (060557) WSP USA INC Adden #1-20 - WSP USA, Inc - Time extension (New Expiration Date: 12/31/2021) $0AddendumAden #1-20 6/24/2020 Adden #2-20 - WSP USA, Inc - Wetland Delineation & Report (New Expiration Date: 12/31/2021) $17,800AddendumAdden #2-20 6/24/2020 Adden #3-21 - WSP USA Inc - Replacement Restoration & Planting (RAP) services for Coulon Park Trestle Bridge Replacement (New Expiration Date: 12/31/2021) $2,500AddendumAdden #3-21 4/7/2021 CAG-20-010 PND Engineers - Design & Construction Admin Support for Coulon Memorial Beach Park North Waterwalk Improvements $285,783 $393,711 P 1/13/2020 3/31/2022 Contractor: (061121) PND ENGINEERS Adden #1-20 - PND Engineers - Corrosion Protection Study - North Waterwalk piles (New Expiration Date: 03/31/2022) $8,250AddendumAdden #1-20 4/28/2020 Adden #2-20 - PND Engineers - Design/construction support services for pile corrosion protection & add'l regulatory coordination (New Expiration Date: 03/31/2022) $64,039AddendumAdden #2-20 12/22/2020 Adden #3-21 - PND Engineers - Provide services associated with Restoration and Planting (RAP) Mitigation and Planting Design - Coulon Park North Waterwalk Improvements (New Expiration Date: 03/31/2022) $35,640AddendumAdden #3-21 9/17/2021 CAG-20-011 Bruce Dees & Associates - Professional Design & Construction Admin Services for Kiwanis Park Site Improvements $364,045 $367,045 P 1/13/2020 12/31/2021 Contractor: (011885) BRUCE DEES & ASSOCIATES LLC Adden #1-21 - Bruce Dees & Associates - Additional scope of work - Lot Line Adjustment (New Expiration Date: 07/30/2021) $3,000AddendumAdden #1-21 3/9/2021 Adden #2-21 - Bruce Dees & Associates - Contract time extension for Kiwanis park Improvements professional Design Services (New Expiration Date: 12/31/2021) $0AddendumAdden 2 7/30/2021 CAG-20-062 Healthy Smiles Inc - DENTAL SERVICES AT RENTON SENIOR ACTIVITY CENTER (Rec 10% of appointments) $0 $0 R 1/16/2020 12/31/2021 Contractor: UNKNOWN VENDOR \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 9 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-20-063 Karen's Foot Care - FOOT CARE AT RENTON SENIOR ACTIVITY CENTER (Receive $2.00 for each appointment) $0 $0 R 1/14/2020 12/31/2021 Contractor: UNKNOWN VENDOR CAG-20-079 WA State Department of Health - Point of sale incentives to SNAP clients at the Renton Farmers Market $7,500 $34,500 R 3/30/2020 12/31/2021 Contractor: (1255) WASHINGTON STATE Adden #1-21 - State of Washington Department of Health - additional $5,000 in Grant funding for SNAP Match (New Expiration Date: 06/30/2021) $5,000AddendumAdden #1-21 6/9/2021 Adden #2-21 - State of Washington Department of Health - additional $22,000 in Grant funding and time extension (New Expiration Date: 12/31/2021) $22,000AddendumAdden #2-21 6/9/2021 CAG-20-081 King County Dept of Community & Human Services - Funds for 2020 Housing Repair Healthy Housing Project $58,551 $122,197 R 4/9/2020 12/31/2021 Contractor: UNKNOWN VENDOR Adden #1-21 - King County Dept of Community and Human Services (DCHS) - adding funds and time extension for Renton Healthy Housing Activities (New Expiration Date: 12/31/2021) $63,646AddendumAdden #1-21 7/2/2021 CAG-20-325 Forterra NW - Permit agreement to work in City limits controlling knotweed for riparian restoration along the Cedar River $0 $0 M 9/8/2020 12/31/2021 Contractor: UNKNOWN VENDOR CAG-20-411 McKinstry - Maintenance Facility Generator Replacement $31,800 $31,800 P 10/29/2020 12/31/2021 Contractor: (048352) MCKINSTRY CO LLC CAG-20-429 Linda Mounts - Provide fitness classes virtually and at City of Renton rec facilities $20,000 $20,000 P 10/30/2020 12/31/2021 Contractor: (073899) LINDA M MOUNTS Minority Owned, Disadvantaged Business, Women Owned CAG-20-488 School's Out Washington - After school programs for youth - Best Start for Kids, STREAM Team at Highlands Neighborhood Center ($174,005 REV) $174,005 $174,005 R 12/14/2020 12/31/2021 Contractor: (6606) SCHOOLS OUT WASHINGTON CAG-21-007 Tabitha Blackburn Brown - Virtual art projects instruction $6,000 $6,000 P 1/8/2021 12/31/2021 Contractor: (079870) TABITHA BROWN CAG-21-008 King County - Youth & Amateur Sports Grant Agreement for Senior Center Exercise Equipment ($5,000 rev) $5,000 $5,000 R 10/23/2020 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-018 Davey Resource Group - Consulting Inspecting Arborist Services $134,400 $134,400 P 1/21/2021 12/31/2021 Contractor: (020112) DAVEY RESOURCE GROUP INC CAG-21-019 Coast and Forest - Provide outdoor and virtual nature programs $15,000 $15,000 P 1/22/2021 12/31/2021 Contractor: (069162) COAST & FOREST LLC Women Owned CAG-21-024 Snapology of Eastside - Provide after school virtual and in-person STEAM activities $30,000 $30,000 P 2/2/2021 12/31/2021 Contractor: (075995) SNAPOLOGY OF EASTSIDE CAG-21-029 Balance & Sparkle - Provide coordination and lessons for inspirational classes $5,000 $5,000 P 2/9/2021 12/31/2021 Contractor: (076210) SPARKLE GIFTS Women Owned CAG-21-037 Margaret McKenna - ConTEXT Evaluation - Assist in developing, administering and analyzing community-wide survey for Age-Friendly Initiative $9,000 $9,000 P 3/5/2021 12/31/2021 Contractor: (046957) MARGARET A MCKENNA Women Owned CAG-21-063 Al Riedmann Enterprises LLC (dba Seattle Grow) - 2021 Tree & Landscape Watering Services $100,000 $100,000 P 3/29/2021 12/31/2021 Contractor: (001508) AL RIEDMANN CAG-21-076 Triple Impact Coaching - Provide Mindset Training to help young people improve their self-esteem $6,000 $6,000 P 3/30/2021 12/31/2021 Contractor: (082780) TRIPLE IMPACT COACHING Minority Owned CAG-21-083 U.K. Elite Soccer dba Steel Soccer - Youth Soccer Classes & Camps (Rev $10 per player session) $0 $0 R 4/1/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-118 King County Dept of Community & Human Services - Funding for CDBG- CV (Coronavirus) Round 1 Funds ($411,178 rev) $411,178 $411,178 R 5/5/2021 12/31/2021 Contractor: UNKNOWN VENDOR \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 10 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-21-127 Landscape Structures, Inc - Liberty Park Playground Replacement $500,967 $500,967 P 5/12/2021 11/15/2021 Contractor: (043319) LANDSCAPE STRUCTURES INC CAG-21-129 Seattle Metro Softball Umpire Association - Provide Umpires for City's Recreation Adult Softball and Kickball Leagues $25,000 $25,000 P 5/12/2021 11/30/2021 Contractor: (072700) SEA METRO SOFTBALL UMPIRE ASSN CAG-21-130 ARC Architects - Design Services - Henry Moses Aquatics Center $55,000 $55,000 P 5/13/2021 12/31/2021 Contractor: (003922) ARC ARCHITECTS INC CAG-21-136 PlanIT Geo, LLC - 2021 Agreement for Forest Management Plan Professional Services $99,980 $99,980 P 5/24/2021 2/28/2022 Contractor: (062185) PLAN IT GEO LLC CAG-21-137 West African Community Council - 2021-2022 funding for low-cost legal assistance immigration legal status $15,000 $15,000 P 5/24/2021 12/31/2021 Contractor: (090580) WESTERN AFRICAN CAG-21-143 Renton Housing Authority - CDBG-CV Round 1 Funds for rental assistance $250,000 $250,000 P 6/3/2021 12/31/2021 Contractor: (067310) RENTON HOUSING AUTHORITY CAG-21-148 King County Dept of Community & Human Services - Grant to support Communities in Schools and Sustainable Renton ($25,000 rev) $25,000 $25,000 R 6/8/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-161 Blue Sky Communications - Assessment & development of an Age-Friendly Renton designation and action plan $34,000 $34,000 P 6/11/2021 10/31/2021 Contractor: (010237) BLUE SKY COMMUNICATIONS NW Women Owned CAG-21-163 Renton Sailing Club - Provide sailing instruction courses along Lake Washington $15,000 $15,000 P 6/17/2021 10/31/2021 Contractor: (067707) RENTON SAILING CLUB INC CAG-21-167 Communities in Schools Renton-Tukwila - CSO Funding from King County Council/Dunn $12,500 $12,500 P 6/23/2021 12/31/2021 Contractor: (017602) COMMUNITIES IN SCHOOL INC CAG-21-168 Sustainable Renton - CSO Funding from King County Council/Dunn $12,500 $12,500 P 6/23/2021 12/31/2021 Contractor: (079286) SUSTAINABLE RENTON CAG-21-176 Rave Foundation - License and permission for Rave Foundation to install a mini pitch at Highlands Park $0 $0 M 3/30/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-192 Solid Ground of WA - CDBG-CV Round 1 Funds for rental assistance $50,000 $50,000 P 8/2/2021 12/31/2021 Contractor: (075930) SOLID GROUND WA CAG-21-196 Renton Rowing Center - Provide row, paddle and kayak youth classes $2,000 $2,000 P 8/4/2021 12/31/2021 Contractor: (067496) RENTON ROWING CENTER CAG-21-197 Allied Roofing Installation Services, LLC - Installation of New Roof at Cedar River Park Restrooms $13,763 $13,763 P 8/9/2021 12/1/2021 Contractor: (001950) ALLIED ROOFING INSTALLATION CAG-21-202 SOVA Consulting LLC - Appraisal of Collodi Property $3,500 $3,500 P 8/12/2021 10/31/2021 Contractor: (081353) SOVA CONSULTING CAG-21-211 King county Library System (KCLS) - Story Walk Display at Liberty Park $0 $0 M 9/1/2021 11/1/2021 Contractor: UNKNOWN VENDOR Adden #1-21 - King county Library System (KCLS) - Adding location and extending dates for Story Walk at Sunset Neighborhood Park (New Expiration Date: 11/01/2021) $0AddendumAdden #1-21 10/8/2021 CAG-21-212 DES/McKinstry - Multiple Facilities Audit ESCO Ph3 $82,500 $82,500 P 9/23/2021 3/31/2022 Contractor: (048353) MCKINSTRY ESSENTION LLC CAG-21-220 Removal & Installation of Two new overhead doors & motorized Operators at the 200 Mill building $24,813 $24,813 P 9/15/2021 1/1/2022 Contractor: (063090) PRECISION DOOR SERVICES CAG-21-221 Lower 48 Contracting/Painting - Patch and Painting of Interior Walls, Door Frames, Door, and fire Door at the City Hall 2nd & 4th floors. $10,878 $10,878 P 9/15/2021 11/1/2021 Contractor: (042547) LOWER 48 CONTRACTING PAINTING CAG-21-225 Morris-Hansen Enterprises - Clean all windows at the Renton City Center Parking Garage, Renton Community Center, and all the windows $10,242 $10,242 P 9/22/2021 12/31/2021 Contractor: (051004) MORRIS HANSEN ENTERPRISES INC CAG-21-229 Sound Generations - Meal program at Senior Activity Center $0 $0 M 9/9/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-230 Canber Corps - Agreement for Vegetation Maintenance at Heritage, Earlington and Liberty Parks $10,625 $10,625 P 9/24/2021 10/29/2021 Contractor: (013391) CANBER CORPS \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 11 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Community Services CAG-21-231 Wagner Architects - Provide a master plan that will include layout, development and location for parks maintenance shop $50,000 $50,000 P 9/30/2021 1/29/2022 Contractor: (068828) WAGNER ARCHITECTS CAG-21-235 Allied roofing Installation Services, llc. - Gutter and Downspout Replacement at the Facilities shop $9,909 $9,909 P 10/5/2021 12/1/2021 Contractor: (001950) ALLIED ROOFING INSTALLATION CAG-21-237 Wiss, Janney, Elstner Associates, Inc. - Conduct a thorough investigation to find out the root cause of the structural issue of the Liberty Park Grandstand $9,359 $9,359 P 10/5/2021 1/1/2022 Contractor: (092465) WISS JANNEY ELSTNER ASSOCIATES CAG-21-238 Native Green Landscapes - Repair/Replace the Decking at the Senior center 2nd floor Outdoor Decks. $15,482 $15,482 P 10/5/2021 1/1/2022 Contractor: (053120) NATIVE GREEN LANDSCAPES CAG-21-240 Root Cause, LLC - 2021 Fall Tree Planting $18,651 $18,651 P 10/11/2021 12/3/2021 Contractor: (069175) ROOT CAUSE LLC CAG-21-244 Landau Associates, Inc - Level 1 Environmental Assessment - Perelli Parcel 722400200 $6,800 $6,800 P 10/18/2021 11/30/2021 Contractor: (043313) LANDAU ASSOCIATES INC LAG-14-001 George Pocock Rowing Foundation - Cedar River Boathouse Agreement $90,568 $90,568 R 2/25/2014 12/31/2021 Contractor: (5117) GEORGE POCOCK, ROWING FOUNDATION Adden #1-21 - George Pocock Rowing Foundation - Cedar River Boathouse Lease extension (New Expiration Date: 12/31/2021) $0AddendumAdden #1-21 4/7/2021 PAG-21-004 Puget Sound Energy - Right of Entry Permit to Cedar River Trail $0 $0 M 9/3/2021 12/31/2021 Contractor: UNKNOWN VENDOR Payables Receivables Miscellaneous Total Total 87 $4,490,522 20 $942,448 6 $0 113 $5,432,970 Community Services Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 12 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Executive CAG-20-327 FEMA/EMI - Letter of Agreement - Conduct emergency mgmt course $0 $0 M 10/5/2020 10/31/2021 Contractor: UNKNOWN VENDOR CAG-20-428 Bradley Law, LLC - Cable TV Franchise Management Consulting Services $20,000 $20,000 P 11/16/2020 12/31/2021 Contractor: (011181) BRADLEY BERKLAND HAGEN HERBST CAG-20-479 Umbrella Productions - Channel 21 operations and production consulting services $40,000 $40,000 P 12/8/2020 12/31/2021 Contractor: (083225) UMBRELLA PRODUCTIONS LLC, ` Minority Owned, Women Owned CAG-20-495 Outcomes by Levy - Consultant Agreement for Legislative Services $332,000 $332,000 P 12/22/2020 1/31/2022 Contractor: (058621) OUTCOMES BY LEVY LLC CAG-21-030 Benita Horn & Associates - Consulting Services for Inclusion Program $78,000 $78,000 P 2/11/2021 12/31/2021 Contractor: (009242) BENITA R HORN & ASSOCIATES Minority Owned, Women Owned Payables Miscellaneous Total Total 4 $470,000 1 $0 5 $470,000 Executive Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 13 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Finance CAG-18-038 Tax Recovery Services (TRC) LLC - Tax Audit Services $40,000 $40,000 P 2/28/2018 12/31/2021 Contractor: (080150) TAX RECOVERY SERVICES LLC Minority Owned, Women Owned Adden #1-19 - Tax Recovery Services LLC - Contract extension (New Expiration Date: 12/31/2020) $0AddendumAdden #1-19 11/12/2019 Adden #2-21 - Tax Recovery Services - time extension (New Expiration Date: 12/31/2021) $0AddendumAdden #2-21 1/5/2021 CAG-18-142 Retail Lockbox, Inc, - Wholesale lockbox services for tax and license filings. (Not to Exceed $90,000) $90,000 $91,850 P 7/12/2018 10/1/2021 Contractor: (068072) RETAIL LOCKBOX INC CO #1-19 - Retail Lockbox Inc - additional programming for image files (New Expiration Date: 10/01/2021) $740ChangeCO #1-19 1/24/2019 CO #2-19 - Retail Lockbox Inc - additional programming for processing file and indexing fields (New Expiration Date: 10/01/2021) $1,110ChangeCO #2-19 6/26/2019 CAG-19-241 BridgePay Network Solutions, LLC - Services for transaction data relating to electronic payment processing $34,500 $34,500 P 8/5/2019 12/31/2021 Contractor: (011345) BRIDGEPAY NETWORK SOLUTIONS CAG-19-342 Ogden Murphy Wallace - Tax Legal Services $50,000 $140,000 P 11/14/2019 12/31/2021 Contractor: (057375) OGDEN MURPHY WALLACE PLLC, ATTORNEY AT LAW Adden #1-21 - Ogden Murphy Wallace PLLC - additional compensation for legal defense services (New Expiration Date: 12/31/2021) $90,000AddendumAdden #1-21 3/3/2021 CAG-21-149 Office of the Washington State Auditor - Audit Engagement to perform audits in accordance with provisions of Ch 43.09 RCW for year ending 12/31/2020 $131,000 $131,000 P 6/10/2021 12/31/2021 Contractor: (088635) STATE AUDITORS OFFICE Payables Total Total 10 $437,350 10 $437,350 Finance Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 14 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration HRRM CAG-16-044 Carl Warren & Co. - Third Party Claims Administration (TPA) services $50,000 $200,000 P 3/24/2016 12/31/2021 Contractor: (013774) CARL WARREN & COMPANY Adden #1-18 - Carl Warren & Company - 3-year term extension and compensation rate schedule adjustment. (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2021) $150,000AddendumAdden #1-18 11/7/2018 CAG-19-368 GALLAGHER BENEFIT SERVICES INC - Broker & Consultant Services for City Healthcare Plans $84,900 $94,900 P 12/23/2019 12/2/2021 Contractor: (028347) GALLAGHER BENEFIT SERVICES INC Adden #1-21 - Gallagher Benefit Services, Inc - clarification on scope of work and additional scope of work (New Expiration Date: 12/02/2021) $10,000AddendumAdden #1-21 5/26/2021 CAG-20-405 HMA Healthcare Management Administrators - 2021 Contract Renewal to provide healthcare administration (medical/dental) for employees and LEOFF 1 retirees $360,000 $360,000 P 10/29/2020 12/31/2021 Contractor: (033236) HEALTHCARE MANAGEMENT ADMIN CAG-20-425 Kaiser Permanente - 2021 Healthcare contract for active employees & LEOFF 1 retirees $203,000 $203,000 P 11/10/2020 12/31/2021 Contractor: (040084) KAISER FOUNDATION HEALTH PLAN CAG-20-426 Symetra - Stop loss insurance coverage for City of Renton 2021 ($566,000 - not billed thru Eden) $0 $0 P 11/10/2020 12/31/2021 Contractor: UNKNOWN VENDOR CAG-20-494 Alliant Insurance - Liability Insurance Policy Application 2021 $538,239 $538,239 P 12/17/2020 1/1/2022 Contractor: (001910) ALLIANT INSURANCE SERVICES CAG-21-164 J Graham, Inc - Agreement for Healthcare Claims Audit Services $12,500 $12,500 P 6/22/2021 12/31/2021 Contractor: (039177) J GRAHAM INC CAG-21-194 Ogletree, Deakins, Nash, Smoak & Stewart - Agreement for Legal Advice and Consultation $15,000 $15,000 P 7/6/2021 12/31/2021 Contractor: (053379) OGLETREE DEAKINS NASH SMOAK & CAG-21-199 LatPro, Inc - Agreement for Employment Advertising $4,250 $4,250 P 8/9/2021 1/31/2022 Contractor: (043677) LATPRO INC Payables Total Total 11 $1,427,889 11 $1,427,889 HRRM Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 15 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Information Technology CAG-18-260 Intradyn, Inc. - Email Archival System Products & Services $31,673 $31,673 P 12/3/2018 1/1/2022 Contractor: (038531) INTRADYN CAG-20-496 Bluebeam, Inc - Software License for Bluebeam Studio Prime $2,400 $2,400 P 12/17/2020 12/17/2021 Contractor: (012984) CADD MICROSYSTEMS INC Payables Total Total 2 $34,073 2 $34,073 Information Technology Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 16 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Other CAG-13-042 US Bank, N.A. - Banking Services Agreement for $381,374.45 per year for 3 years (1/1/2011 til 12/31/2013) $952,123 $952,123 P 1/11/2011 12/31/2021 Contractor: (101589) US BANK NATL ASSN Adden #2-14 - US Bank - time extension to 12/31/2019. (Prevous Expiration Date: 12/31/2015 and New Expiration Date: 12/31/2019) $0AddendumAdden #2-14 7/1/2014 Adden #1-13 - US Bank, NA. Update to Payroll direct deposition procedures - Banking Services Agreement $0AddendumAdden #1-13 9/23/2015 Adden #3-19 - US Bank N.A. - extend term of contract (New Expiration Date: 12/31/2020) $0AddendumAdden #3-19 10/31/2019 Adden #4-20 - US Bank - Add an additional year to term of contract (New Expiration Date: 12/31/2021) $0AddendumAdden #4-20 10/28/2020 Payables Total Total 5 $952,123 5 $952,123 Other Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 17 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Police CAG-20-022 Kenyon Disend, PLLC. - Pre-trial logistics for civil real property forfeitures $35,000 $35,000 P 1/2/2020 12/31/2021 Contractor: (040841) KENYON DISEND, PLLC CAG-20-142 Department of Justice - Office of Justice Programs - JA FY 20 Coronavirus Emergency Supplemental Funding Program - funds for the prevention, planning, and response to Corona Virus. (GRANT $100,954.00) $100,954 $100,954 R 7/22/2020 1/31/2022 Contractor: UNKNOWN VENDOR CAG-20-359 .S. Department of Justice, Drug Enforcement Administration (DEA) - HIDTA State and Local Task Force Agreement whereas Renton PD will loan one commissioned police officer to the Seattle Enforcement Group D-22 Task Force (VNET) for a period of not less than two years. Agreement, MOU & Certification $0 $0 M 9/22/2020 12/30/2021 Contractor: UNKNOWN VENDOR CAG-21-048 Virk Hospitality Renton LLC dba Best Western Plus Renton Inn - Emergency Shelter Operation $0 $0 M 11/19/2020 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-051 King County Sexual Assault Resource Center (KCSARC) - in collaboration with community partners including the Renton Police Department, will organize the Coordinated Community Response (CCR) team. Renton PD will be an active member in the CCR, participating in trainings developed by KCSARC and the Children’s Justice Center of King County to increase officer understanding of sexual assault dynamics $0 $0 M 3/31/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-052 Washington State Patrol (WSP) - 2021 Authorized Emergency Vehicle Permit Application for Regional Motorcade, LLLP $0 $0 M 3/16/2021 12/31/2021 Contractor: UNKNOWN VENDOR CAG-21-171 Sean Greenlee - The Renton Police Department will collaborate with Sean Greenlee to create an Advisory/Equity Council to facilitate services for Police equity. $10,000 $10,000 P 6/22/2021 12/31/2021 Contractor: (071781) SEAN GREENLEE CONSULTING LLC Minority Owned Payables Receivables Miscellaneous Total Total 2 $45,000 1 $100,954 4 $0 7 $145,954 Police Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 18 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 19 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-07-148 Burlington Northern Santa Fe - Construction and Maintenance agreement for bridge replacement projects $8,950,000 $8,972,800 P 8/6/2007 12/31/2021 Contractor: (012418) BNSF RAILWAY COMPANY Adden #1-11 - BNSF Railway Company - Amendment to Rainier Av S (SR 167) S Grady Way to S 2nd Street Project - Rainier Av S Bridge Replacment Contract. (Prevous Expiration Date: 12/31/2017 and New Expiration Date: 12/31/2021) $22,800AddendumAdden #1-11 10/3/2011 CAG-14-068 CivilTech Engineering, Inc - Engineering support services for NE 31st St Culvert Replacement Project $34,999 $41,100 P 5/5/2014 12/31/2021 Contractor: (016075) CIVILTECH ENGINEERING INC Minority Owned, Disadvantaged Business Adden #1-15 - CivilTech Engineering, Inc. - time extension only - FEMA funded culvert replacement for NE 31st Street Culvert (Prevous Expiration Date: 06/30/2015 and New Expiration Date: 12/31/2015) $0AddendumAdden #1-15 6/22/2015 Adden #2-15 - Civiltech engineering, Inc. - time extension only - FEMA funded culvert replacement for NE 31st Street Culvert (Prevous Expiration Date: 12/31/2015 and New Expiration Date: 06/30/2016) $0AddendumAdden #2-15 12/14/2015 Adden #3-16 - CivilTech Engineering, Inc - Extend completion time and correct amount (New Expiration Date: 12/31/2017) $1AddendumAdden #3-16 6/23/2016 Adden #4-17 - CivilTech Engineering, Inc. - NE 31st St Culvert Repair Project - Time Extension $0AddendumAdden #4-17 11/22/2017 Adden #5-18 - CivilTech Engineering Inc - time extension (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2019) $0AddendumAdden #5-18 12/18/2018 Adden #6-19 - CivilTech Engineering - Add budget to complete record drawings (New Expiration Date: 12/31/2021) $6,101AddendumAdden #6-19 12/13/2019 CAG-14-151 Lakeside Industries, Inc - SW Grady Way Overlay Project $847,339 $924,614 P 2/11/2015 12/31/2021 Contractor: (043292) LAKESIDE INDUSTRIES INC CO #1-16 - Lakeside Industries, Inc. - SW Grady Way Overlay Project - time extension only $0ChangeCO #1-16 1/11/2016 CO #2-16 - Lakeside Industries, Inc. - CREDIT to Reconcile contract amount to close out the project $-76,481ChangeCO #2-16 11/30/2016 CO #3-19 - Lakeside Industries, Inc. - Repair of curb ramp deficiencies - SW Grady Way Overlay Project $148,480ChangeCO #3-19 11/12/2019 CO #4-19 - Lakeside Industries - Traffic Signal system Modifications - SW Grady Way Oerlay Project $24,000ChangeCO #4-19 11/21/2019 CO #6-20 - Lakeside Industries - additional work - Traffic Signal system modification - SW Grady Way overlay project $2,206ChangeCO #6-20 1/10/2020 CO #5-20 - Lakeside Industries Traffic Signal system modification - SW Grady Way overlay project $0ChangeCO #5-20 1/10/2020 CO #7-20 - Lakeside Industries - Reconciliation Change order - Credit of $20,930.47 $-20,930ChangeCO #7-20 2/7/2020 CAG-15-006 Rainier Av S. Corridor Improvements Phase 4 - Federal Grant (rev: $2,600,000.00) $2,600,000 $2,600,000 R 12/8/2015 12/31/2021 Contractor: (1257) WA ST DOT - NW REGION Adden #1-20 - WSDOT - Rainier Av S Corridor improvement ph 4 supplemetal ($3,000,000) (New Expiration Date: 12/31/2021) $0AddendumAdden #1-20 1/8/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 20 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-15-089 KPG, P.S. - Rainier Av S. Corridor Improvements Phase 4 Survey $98,586 $3,174,036 P 10/23/2015 12/31/2021 Contractor: (042772) KPG INC Adden #1-16 - KPG, P.S. - Additional design services & time extension (Prevous Expiration Date: 12/31/2016 and New Expiration Date: 12/31/2017) $423,539AddendumAdden #1-16 6/28/2016 Adden #2-17 - KPG, P.S. - Engineering Services for 30% Design Plans, Estimate & Reports $712,344AddendumAdden #2-17 11/22/2017 KPG, P.S. - Engineering services for 60%, 90%, 100% plans, specs and estimates and time extension (New Expiration Date: 12/31/2021) $1,506,738AddendumAdden #3-19 4/3/2019 Adden #5-19 - KPG, P.S. - Management reserve request for additional surveying services and utility locates (New Expiration Date: 12/31/2021) $0AddendumAdden #5-19 7/24/2019 Adden #4-19 - KPG, P.S. - Right of Way sub-consultant to provide appraisal services & Develop project Funding Estimate (New Expiration Date: 12/31/2021) $213,755AddendumAdden #4-19 8/23/2019 Adden #7-20 - KPG, P.S. - Time Extension only$1AddendumAdden #7-20 4/8/2020 Adden #6-20 - KPG - time Extension only (New Expiration Date: 12/31/2021) $0AddendumAdden #6-20 4/22/2020 Adden #8-21 - KPG, P.S. - Management Reserve request for additional traffic analyses and design revisions (New Expiration Date: 12/31/2026) $0AddendumAdden #8-21 4/15/2021 Adden #6-20 - KPG - added in 2020 with time extension only and forgot to add the amount. $219,072AddendumAdden 6 7/22/2021 CAG-15-137 Carollo Engineers Inc. - 2016 Long range Wastewater management Plan $203,038 $582,863 P 6/25/2015 12/31/2021 Contractor: (013783) CAROLLO ENGINEERS PC Adden #1-17 - Carollo Engineers, Inc.- Long Range Wastewater Mgmt - time extension (Prevous Expiration Date: 12/31/2017 and New Expiration Date: 12/31/2018) $0AddendumAdden #1-17 12/12/2017 Adden #2-18 - Carollo Engineers, Inc. - Obligate FHWA Constructions Funds - N 27th Pl Bridge Scour Repair Project (New Expiration Date: 03/31/2019) $344,916AddendumAdden #2-18 3/23/2018 Adden #3-19 - Carollo Engineers, Inc. - Extend Contract Expiration Date$0AddendumAdden #3-19 2/22/2019 Adden #4-20 - Carollo Engineers, Inc. - Finalize the update to the city's WW Management Plan (New Expiration Date: 12/31/2020) $0AddendumAdden #4-20 4/8/2020 Adden #5-20 - Carollo Engineers - Evaluate and update the sewer system capacity to include system revisions (WWP090007) (New Expiration Date: 12/31/2021) $34,909AddendumAdden #5-20 12/18/2020 Adden #5a-20 - COMPLETION DATE WAS ENTERED IN THE WRONG SPACE on Adden #5 - Carollo Engineers - Evaluate and update the sewer system capacity to include system revisions (WWP090007) $0Addendum2/19/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 21 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-15-177 OTAK, Inc - Lake WA Loop Trail Project $274,891 $953,573 P 8/26/2015 12/31/2021 Contractor: (058565) OTAK INC Adden #1-16 - OTAK, Inc. - Lake WA Loop Trail Agreement - additional right-of-way acquisition services to complete preliminary (30%) design. $34,870AddendumAdden #1-16 4/27/2016 MODIFY AMOUNT ON MAIN CONTRACT - wrong amount entered on 8/36/2015. Should have been 301,891. a $27,000 difference. Went to council for $301,891. $27,000Addendum11/4/2016 Adden #2-16 - Otak, Inc. - Time extension only (New Expiration Date: 12/31/2017) $0AddendumAdden #2-16 12/29/2016 Adden #3-17 - OTAK, Inc.- Additional services to complete design project$321,203AddendumAdden #3-17 2/28/2017 Adden #4-17 - OTAK, Inc. Time Extension Only$0AddendumAdden #4-17 12/13/2017 Adden #4-17 - OTAK, Inc. Time Extension Only$0AddendumAdden #4-17 12/13/2017 Adden #5-18 - Otak, Inc - time extension$0Addendum12/21/2018 Adden #6-19 - Otak, Inc. - Feasibility Study, Logan Av & Airport Way intersection feasibility & Final design $130,499AddendumAdden #6-19 3/8/2019 Adden #7-19 Otak, Inc. - Time Extension - Lake WA Loop Train Design Agreement (New Expiration Date: 12/31/2020) $0AddendumAdden #7-19 12/24/2019 Adden #8-20 - Otak, Inc. - Final Design (New Expiration Date: 12/31/2021) $45,954AddendumAdden #8-20 2/27/2020 Adden #9-20 - Otak, Inc. - Final Design$45,983Addendum11/20/2020 Adden #10-21 - Otak, Inc - Preconstruction Management Services and extension of contract (New Expiration Date: 12/31/2021) $21,755AddendumAdden #10-21 3/26/2021 CAG-15-177, Adden #11-21 - Otak, Inc. - Construction Engineering Services $51,418AddendumAdden #11-21 6/8/2021 CAG-16-027 Puget Sound Energy, Inc. - Sunset Lane Project: Design Agreement to relocate power lines underground $0 $0 M 2/22/2016 12/31/2021 Contractor: UNKNOWN VENDOR CAG-16-103 RH2 Engineering, Inc. - Replace Highlands 435 Pressure Zone Reservoirs and Mains - Final Design and Bidding $697,088 $1,123,964 P 6/8/2016 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Adden #1-17 - RH2 Engineering, Inc. - additional work & time extension. (Prevous Expiration Date: 03/31/2018 and New Expiration Date: 06/30/2018) $227,276AddendumAdden #1-17 8/23/2017 Adden #2-18 - RH2 Engineering, Inc. - time extension.only (New Expiration Date: 06/30/2019) $0AddendumAdden #2-18 7/6/2018 Adden #3-19 - RH2 Engineering - Time Extension only (New Expiration Date: 12/31/2019) $0AddendumAdden #3-19 7/15/2019 Adden #4-19 - RH2 Engineering, Inc. - Additional work and Time extension (New Expiration Date: 12/31/2020) $199,600AddendumAdden #4-19 12/13/2019 Adden #5-20 - RH2 engineering, inc. - Time Extension for Final Design and Bidding (WTR2703888) (New Expiration Date: 12/31/2021) $0Addendumadden #5-20 12/18/2020 CAG-16-108 Stantec Consulting Services - Thunder Hills Sanitary Sewer Interceptor Replacement Project - Design and Construction Services $313,700 $588,725 P 6/23/2016 3/31/2022 Contractor: (077215) STANTEC CONSULTING SVCS INC Adden #1-17 - Stantec Consulting Services, Inc. - additional mitigation plan development and incorporation. (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2018) $82,492AddendumAdden #1-17 5/16/2017 Adden #2-17 - Stantec Consulting Services, Inc. - additional work. (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2018) $21,700AddendumAdden #2-17 8/25/2017 Adden #3-19 - Stantec Consulting - Extend Expiration Date only (New Expiration Date: 09/30/2020) $0AddendumAdden #3-19 2/1/2019 Adden #4-19 - Stantec Consulting Services, Inc. - Additional Services for permit completion (New Expiration Date: 03/31/2021) $170,833AddendumAdden #4-19 4/30/2019 Adden #5-21 - Stantec Consulting Services, Inc - Time Extension for Thunder Hills Sewer Project (WWP2703921) (New Expiration Date: 03/31/2022) $0AddendumAdden #5-21 3/26/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 22 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-16-140 DGK, Inc. (dba Widener and Associates) - Environmental professional services for Duvall Ave NE project $16,714 $65,912 P 9/19/2016 12/31/2021 Contractor: (091850) WIDENER & ASSOCIATES Adden #1-17 - DGK, Inc dba Widener & Associates - Duvall Ave NE Project - time extension only (Prevous Expiration Date: 12/31/2017 and New Expiration Date: 12/31/2018) $0AddendumAdden #1-17 12/12/2017 Adden #2-18 - DGK, Inc. -Time Extension only - Duvall Av NE Project$0AddendumAdden #2-18 12/12/2018 Adden #3-19 - DGK, Inc. dba Widener & Associates - Time extension only - Duvall Av NE Project (New Expiration Date: 12/31/2021) $0AddendumAdden #3-19 12/24/2019 Adden #4-20 - DGK, Inc. (Widener & Associates) - Additional design environmental services/permitting support and construction environmental services/permitting support $49,199AddendumAdden #4-20 10/1/2020 CAG-17-050 RH2 Engineering, Inc. - Lift Station and Force Main Rehabilitation Group 1 Facilities Predesign $176,379 $608,043 P 3/20/2017 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Adden #1-17 - RH2 Engineering, Inc. - waste water and stormwater pump stations telemetry panel replacement. (Prevous Expiration Date: 06/30/2018 and New Expiration Date: 06/30/2018) $27,071AddendumAdden #1-17 8/28/2017 Adden #2-18 - RH2 Engineering - Final Design & Services during construction $332,000AddendumAdden #2-18 7/12/2018 Adden #3-19 - RH2 Engineering - Services during construction (New Expiration Date: 06/30/2020) $72,593AddendumAdden #3-19 4/25/2019 Adden #3-19 - RH2 Engineering, Inc - Services during construction$72,593AddendumAdden #3-19 4/30/2019 CORRECTION - DUPLICATE NEEDED DELETED. Adden #3-10 - RH@ Engineering, Inc. Services during construction entered 4/30/2019 $-72,593AddendumAdden #3-19 1/23/2020 Adden #4-20 - RH2 Engineering - Time extension (WWP273954) (New Expiration Date: 06/30/2021) $0AddendumAdden #4-20 7/13/2020 Adden #5-21 - RH2 engineering, Inc. - Time Extension (WWP273954) (New Expiration Date: 12/31/2021) $0AddendumAdden #5-21 8/27/2021 Adden #6-21 - RH2 engineering, inc. - Preliminary design of Group 2 and final design of Groups 1 and 2 (WWP273954) (New Expiration Date: 12/31/2021) $0AddendumAdden #6-21 10/22/2021 CAG-17-128 Gray & Osborne, Inc. - Design services for Renton Avenue South Resurfacing project. $125,283 $448,055 P 6/22/2017 12/31/2021 Contractor: (031245) GRAY & OSBORNE INC Adden #1-18 - Gray & Osborne Inc - additional scope of work (Prevous Expiration Date: 12/31/2021 and New Expiration Date: 12/31/2021) $31,831AddendumAdden #1-18 7/26/2018 Adden #2-19 - Gray & Osborne - Consulting Engineers - Renton Avenue South Resurfacing (New Expiration Date: 12/31/2021) $290,941AddendumAdden #2-19 3/8/2019 Adden #3-19 -Gray & Osborne, Inc. - Additional construction management & Contract Admin (New Expiration Date: 12/31/2021) $0AddendumAdden #3-19 12/24/2019 CAG-17-160 The Boeing Company - License Agreement for installation of long-term bike trail signage on Logan Ave N. $0 $0 M 7/24/2017 1/31/2022 Contractor: UNKNOWN VENDOR CAG-17-239 King County - Heather Downs Detention Pond Grant $70,000 $70,000 $140,000 R 1/7/2018 12/31/2021 Contractor: UNKNOWN VENDOR Adden #1-18 - King County - Scope of work change from engineering design to construction phase $70,000AddendumAdden #1-18 6/22/2018 Adden #1-20 - King County - Time Extension only (New Expiration Date: 12/31/2021) $0AddendumAdden #1-20 9/11/2020 CAG-18-032 DGK, Inc. dba Widener & Associates - Environmental services - Renton Avenue South Resurfacing $4,934 $30,806 P 2/20/2018 12/31/2021 Contractor: (091850) WIDENER & ASSOCIATES Adden #1-18 - DGK, Inc. - Environmental services - Renton Avenue South Resurfacing & Time Extension $4,934AddendumAdden #1-18 12/21/2018 Adden #2-19 - DGK Inc - Environmental Services - Renton Av South Resurfacing $20,939AddendumAdden #2-19 2/1/2019 Adden #3-19 - DGK, Inc. - Time Extention only - Environmental Services - Renton Av South Resurfacing $0AddendumAdden #3-19 11/12/2019 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 23 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-18-085 Watershed Science & Engineering - Madsen Creek Improvement Project Phase 1 for Surveying, Hyraulic Analysis, Preliminary Design $466,098 $639,776 P 5/1/2018 12/31/2021 Contractor: (089970) WATERSHED SCIENCE ENGINEERING Adden #1-20 - Watershed Science & Engineering, Inc. - Madsen Creek Improvements Final Design SWP-27-3976 (New Expiration Date: 12/31/2021) $99,903AddendumAdden 1 4/22/2020 Adden #2-20 - Watershed Science & Engineering, Inc. - Madsen Creek Improvements Design Changes (SWP2703976) (New Expiration Date: 12/31/2021) $73,775AddendumAdden #2-20 1/8/2021 CAG-18-266 Murraysmith, Inc - Services during construction of Kennydale Reservoir $479,337 $549,035 P 12/13/2018 12/31/2021 Contractor: (052444) MURRAYSMITH INC Adden #1-20 - Murraysmith, Inc. - Supplemental Services during construction $69,698AddendumAdden #1-20 6/5/2020 Adden #2-20 - Murraysmith, Inc. - Time extension for Completion of Engineering Study (WTR1300130) (New Expiration Date: 07/31/2021) $0AddendumAdden #2-20 12/18/2020 Adden #3-21 - Murraysmith, Inc. - Time Extension for Supplemental Services during Construction (WTR2703956) (New Expiration Date: 12/31/2021) $0AddendumAdden #3-21 10/22/2021 Adden #3-21 REVISED - Murraysmith, Inc. - Time Extension for Supplemental Services during Construction (WTR2703956) - I PUT THE COMPLETION DATE IN THE BOARD APPROVAL DATE. $0Addendum11/1/2021 CAG-19-001 R.W. Scott Construction, Co. - Renton Avenue South Resurfacing Project Contract doesn't expire until project close out $1,585,248 $1,801,789 P 3/25/2019 12/31/2021 Contractor: (071670) RW SCOTT CONSTRUCTION CO CO #1-19 -R.W. Scott Construction, Co. - Extension to Place Purchase Order of HAWK Signal Poles $0ChangeCO #1-19 5/9/2019 CO #3-19 - R.W. Scott Construction, Co. - HMA & CSTC modification, City-installed sleeve & Valve Assembly $-3,595ChangeCO #3-19 8/2/2019 CO #4-19 - R.W. Scott Construction, Co. - Traffic Island mofication, additional curb & gutter, pavement restoration modification $18,850ChangeCO #4-19 8/2/2019 Adden #5-19 - R.W.Scott Construction, Co. - Additional curb & Gutter replacement near S. 130th St $32,807AddendumAdden #5-19 9/18/2019 Adden #6-19 - R.W. Scott Construction, Co. - Pavement restoration on S. 130th St $29,060AddendumAdden #6-19 9/18/2019 CO #7-19 - R.W. Scott Construction Co. - Bus Pad Shirt at S 132nd St/Renton Av S $6,800ChangeCO #7-19 10/4/2019 CO #8-19 - R.W. Scott Construction Co. - Modular block & Landscape block walls $19,627ChangeCO #8-19 10/4/2019 CO #9-19 - RW Scott Cosntruction - Driveway Regrade on S 130th st$13,055ChangeCO #9-19 10/21/2019 CO #2-19 - R.W. Scott Construction, Co. - Extension to Place Purchase Order of HAWK Signal Poles $137,814ChangeCO #2-19 10/21/2019 CO #10-19 - R.W. Scott Construction, Co. - Additional work related to Schedules C (water) $5,160ChangeCO #10-19 11/13/2019 CO #12-20 - R.W. Scott Contruction Co - additional Health & Safety measures due to Covid-19 pandemic (New Expiration Date: 12/31/2020) $1,450ChangeCO #12-20 7/16/2020 CO #11-20 - R.W. Scott Contruction Co - Additional signing and pavement markings at S 132nd St and Renton Ave S intersection $8,000ChangeCO #11-20 7/31/2020 CO #13-21 - RW Scott Construction Co. - Reconciliation Change Order (New Expiration Date: 12/31/2021) $-52,486ChangeCO #13-21 6/11/2021 \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 24 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-19-023 Louis Berger U.S. Inc.- Heather Downs Detention Pond Water Quality Retrofit Project $111,600 $126,968 P 2/5/2019 12/31/2021 Contractor: (080770) WSP USA SOLUTIONS INC Adden #1-19 - Louis Berger U.S. Inc.- Design work, extend time of performance & increase compensation $8,018AddendumAdden #1-19 8/12/2019 Adden #2-20 - WSP USA, Inc. - Time Extension Only (SWP273989) (Prevous Expiration Date: 07/21/2020 and New Expiration Date: 12/31/2020) $0AddendumAdden #2-20 6/5/2020 Adden #3-20 - WSP USA, inc. - Construction Support and Time Extension (SWP273989) (New Expiration Date: 12/31/2021) $0AddendumAdden #3-20 12/8/2020 Adden #3-20a - amount wasn't entered - WSP USA, inc. - Construction Support and Time Extension (SWP273989) $7,350Addendum4/6/2021 CAG-19-077 DKS Associates - 41st & Oakesdale Design Consultant Contract $90,775 $206,704 P 4/25/2019 12/31/2021 Contractor: (021454) DKS ASSOCIATES Adden #1-19 - DKS Assocaites - Complete 30% to 100% - prepare bid docs & support & extend expiration date - 41st & Oakesdale Design Consultant Contract $89,235AddendumAdden 1 11/5/2019 Adden #2-20 - DKS Associates - add design elements and complete 100% PS&E $26,694AddendumAdden #2-20 9/24/2020 CAG-19-143 RH2 Engineering, Inc. - Renton Airport Private Lift Station Replacement Design $95,600 $106,600 P 5/5/2019 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Adden #1-20 - RH2 Engineering - Time Extension (WWP274058) (New Expiration Date: 06/30/2021) $0AddendumAdden #1-20 7/13/2020 Adden #2-21 - RH2 engineering, inc. - Additional Design Effort & Time Extension (WWP274058) (New Expiration Date: 12/31/2021) $11,000AddendumAdden #2-21 8/27/2021 CAG-19-192 WSDOT - Renton Connector Project Grant ($1,500,000.00)$0 $0 R 7/23/2019 12/31/2021 Contractor: (1257) WA ST DOT - NW REGION Adden #1-20 - WSDOT - Renton Connector Local Agency Agreement Supplement #1 (New Expiration Date: 12/31/2021) $0AddendumAdden #1-20 9/11/2020 CAG-19-236 Parametrix, Inc. - Design Cotract - SW Grady Way Curb Ramp Replacement Project $34,495 $69,184 P 8/16/2019 12/31/2021 Contractor: (060277) PARAMETRIX INC Adden #1-19 - Parametrix, Inc. - SW Grady Way Overlay Project - Design & Constuction Management Support & time extension (New Expiration Date: 12/31/2021) $34,689AddendumAdden #1-19 12/13/2019 Adden #2-20 - Parametrix, Inc. Time Exension only (New Expiration Date: 12/31/2021) $0AddendumAdden #2-20 3/20/2020 CAG-19-250 The Boeing Company - Park Avenue North Extension Project Reimbursement of Boeing Costs $0 $0 M 8/27/2019 12/31/2021 Contractor: UNKNOWN VENDOR CAG-19-251 PSE - Schedule 74 Underground Conversion, Project Design Agreement $14,635 $14,635 P 8/9/2019 12/31/2021 Contractor: (064290) PUGET SOUND ENERGY CAG-19-275 Sound Resource Management Group - Solid Waste Technical Service & Rate Modeling $33,750 $57,375 P 9/20/2019 12/31/2021 Contractor: (076055) SOUND RESOURCE MGMT GROUP INC Adden #1-20 - Sound Resource management Group - Time Extension (New Expiration Date: 12/31/2021) $0AddendumAdden #1-20 12/18/2020 Adden #2-21 - Sound Resource management Group -Scope of Work change, and compensation increase $23,625AddendumAdden #2-21 5/12/2021 CAG-19-313 Otak, Inc. - Design Services for the Montroe Av NE Storm Improvement Project - Phase 1 $189,602 $786,454 P 10/30/2019 12/31/2021 Contractor: (058565) OTAK INC Adden #1-20 - Otak, Inc. - Pilot Infiltration Tests for Monroe Ave NE Storm Improvement (New Expiration Date: 12/31/2020) $37,935AddendumAdden #1-20 5/11/2020 Adden #2-20 - Otak, inc. - Monroe Ave NE Storm Improvement - Phase 2 (SWP274080) (New Expiration Date: 12/31/2021) $558,917AddendumAdden #2-20 12/18/2020 CAG-19-366 All Traffic Data Services - Provide More traffic Counts on an on-call basis $25,000 $25,000 P 12/13/2019 12/31/2021 Contractor: (001985) ALL TRAFFIC DATA SERVICES INC Women Owned \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 25 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-20-007 Inslee, Best, Doezie & Ryder, P.S. - Legal Services Consultations Agreement - Right-of-way $50,000 $50,000 P 1/7/2020 12/31/2021 Contractor: (037365) INSLEE BEST DOEZIE & RYDER PS CAG-20-008 Transpo Group USA, Inc. - Renton ADA Transition Plan Update $79,000 $123,900 P 1/20/2020 12/31/2021 Contractor: (082361) TRANSPO GROUP USA INC Adden #1-20 - Transpo Group USA, Inc. - ADA Transition plan update & time extension (New Expiration Date: 07/31/2021) $30,300AddendumAdden #1-20 1/8/2021 Adden #2-21 - Transpo Group USA - ADA Transition Plan Updated (New Expiration Date: 07/31/2021) $14,600AddendumAdden #2-21 3/2/2021 Adden #3-21 - Transpo Group USA - ADA Transition Plan Updated (New Expiration Date: 12/31/2021) $0AddendumAdden #3-21 6/11/2021 CAG-20-023 King County Flood Control District - Flood Reduction Grant - Monroe Av NE Storm System Project (SWP-27-4080) $125,000 $125,000 R 2/4/2020 12/31/2021 Contractor: (1067) KING COUNTY Adden #1-20 - King County Flood control District - 2019 KCFCD Supplemental Flood Reduction Grant Opportunity - $75,000.00 $0AddendumAdden #1-20 10/8/2020 CAG-20-027 Carollo Engineers, Inc. - 019 - 2020 Sanitary SewerRehabilitation & replacement project $299,066 $299,066 P 1/23/2020 12/31/2021 Contractor: (013783) CAROLLO ENGINEERS PC CAG-20-030 Cowling & Co, LLC. (dba widener & assoc) - Environmental Services - Renton Elementary & Middle School Crossings $8,347 $21,352 P 2/3/2020 12/31/2021 Contractor: (091851) COWLING & CO LLC Adden #1-21 - Cowling & Co. LLC - Environmental Services during Construction (New Expiration Date: 12/31/2021) $13,004AddendumAdden #1-21 3/26/2021 CAG-20-031 RH2 Engineering, Inc. - Rainier & Oakesdale Pump Station Upgrade - Alternatives & Feasibility Evaluation (SWP-2703963) $65,000 $78,500 P 1/31/2020 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Adden #1-20 - RH2 Engineering, Inc. - Easement Acquisition Support & Time Extension (SWP-2703963) (New Expiration Date: 12/31/2021) $13,500AddendumAdden #1-20 1/8/2021 CAG-20-050 Perteet, Inc. -Construction Management & Inspection Services $29,979 $118,399 P 2/25/2020 12/31/2021 Contractor: (061292) PERTEET INC Adden #1-20 -- Perteet, Inc. - Community outreach program$97,265AddendumAdden #1-20 5/20/2020 Adden #2-20 - Perteet Inc - Reduction in mark-up (New Expiration Date: 12/31/2021) $-8,845AddendumAdden #2-20 10/15/2020 CAG-20-066 Wa State Department of Transportation - Prospectus for the Renton Avenue South Preservation Project (contract will be rev: $1,020,700) $1,020,700 $1,020,700 R 3/11/2020 3/2/2022 Contractor: UNKNOWN VENDOR CAG-20-113 Prime Electric - Signal pole replacement - S. Grady Way & Talbot Rd. S.$105,000 $105,000 P 5/27/2020 12/31/2021 Contractor: (063506) PRIME ELECTRIC INC CO #1-21 - Prime Electric, Inc. - Time Extension only (New Expiration Date: 12/31/2021) $0ChangeCO #1-21 5/12/2021 CAG-20-122 Sierra Pacific Construction, LLC - 2020 Sediment Removal at Maplewood and Madsen Creek Sediment Basin (SWP272057) $128,606 $128,606 P 7/14/2020 12/31/2021 Contractor: (074685) SIERRA PACIFIC CONSTRUCTION CAG-20-134 Cowling & Co, LLC. (dba widener & assoc) - Professional Services, Labor/Supervision for BNSF Liason Services and Permitting $25,000 $25,000 P 7/7/2020 12/31/2021 Contractor: (091851) COWLING & CO LLC CAG-20-153 Jacobs Engineering Group, Inc. - WSDOT Limited Access Right-of-Way Runoff Impacts Characterization Study (SWP273077) $170,009 $170,009 P 8/4/2020 12/31/2021 Contractor: (038938) JACOBS ENGINEERING GROUP INC CAG-20-156 King County Metro Transit Capital Improvements Agreement - Capital Improvements (rev $1,500,000) $1,500,000 $1,500,000 R 9/2/2020 12/31/2021 Contractor: (3828) KING COUNTY METRO Adden #1-21 - King County Metro Transit Department - Capital Improvements Agreement (receivable $1,500,000.00) (New Expiration Date: 12/31/2021) $0AddendumAdden #1-21 3/2/2021 CAG-20-163 Carollo Engineers, Inc. - Kennydale Lakeline Sewer System Improvements Project (WWP2704134) $1,188,560 $1,188,560 P 9/15/2020 12/31/2021 Contractor: (013783) CAROLLO ENGINEERS PC CAG-20-332 Nordvind Company - Project Name: Renton Airport Private Lift Station $302,530 $302,530 P 9/7/2020 12/31/2021 Contractor: (055784) NORDVIND SEWER SERVICE LLC CAG-20-337 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - SW 43rd St/NB SR167 ramps $96,304 $96,304 P 9/30/2020 12/31/2021 Contractor: (060277) PARAMETRIX INC \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 26 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Public Works CAG-20-339 Joseph Couples Engineering, LLC - VMC (CED Project) Joe couples - VMC Talbot Rd/Intersection Improvements - Adaptive Signal System Integration $6,592 $6,592 P 9/12/2020 12/31/2021 Contractor: (039859) JOSEPH COUPLES ENGINEERING LLC Minority Owned CAG-20-340 Western Systems, Inc. - Operations Project: SCOOT (adaptive system) additional licenses and install/implementation $84,750 $84,750 P 10/7/2020 12/31/2021 Contractor: (091171) WESTERN SYSTEMS INC CAG-20-353 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - SW 43rd St/East Valley Hwy $86,191 $86,191 P 9/30/2020 12/31/2021 Contractor: (060277) PARAMETRIX INC CAG-20-354 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - Puget/Royal Hills/i 16 Ave SE $98,927 $198,789 P 9/30/2020 12/31/2021 Contractor: (060277) PARAMETRIX INC Adden #1-20 - Parametrix, Inc. - add design engineering services to 30% design $99,862AddendumAdden #1-20 12/8/2020 CAG-20-382 Otak, Inc - City-Wide Preliminary Basin Planning $34,744 $34,744 P 9/30/2020 12/31/2021 Contractor: (058565) OTAK INC CAG-20-493 West Coast Signal - Street Lighting Pole and Foundation Replacement at Six Locations $127,705 $127,705 P 12/18/2020 12/9/2021 Contractor: (090547) WEST COAST SIGNAL INC CAG-21-002 Strickland & Sons Excavation, LLC - NE 16th St – Jefferson Ave NE Stormwater Green Connections Project $2,811,189 $2,828,529 P 2/22/2021 3/31/2022 Contractor: (078459) STRICKLAND & SONS EXCAVATION CO #1-21 - Strickland & Sons Excavation, LLC - Water Meter Installation (WTR-27-04016) (New Expiration Date: 03/31/2022) $17,340ChangeCO #1-21 10/22/2021 CAG-21-017 Century West Engineering Corporation - A&E On-Call Professional Services - Pavement $30,000 $170,013 P 1/20/2021 12/31/2021 Contractor: (014533) CENTURY WEST ENGINEERING CORP Adden #1-21 - Century West Engineering Corporation - Increase Compensation $26,527AddendumAdden #1-21 3/2/2021 added incorrect expiration date before - Adden #1a-21 - Century West Engineering Corporation - Increase Compensation $0Addendum3/29/2021 Adden #2-21 - Century west engineering Corporation - Increase Compensation $46,879AddendumAdden #2-21 4/15/2021 Adden #3-21 - Century West Engineering Corporation- Increase compensation $66,607AddendumAdden #3-21 6/8/2021 CAG-21-025 KPG, Inc.- Construction Engineering Support - NE 16th St & Jefferson Ave NE Stormwater Green Connections Project (SWP274016 $30,176 $30,176 P 2/1/2021 2/28/2022 Contractor: (042772) KPG INC CAG-21-026 King County Metro - 2021-2022 ORCA Cards and Business Passport Products $69,362 $69,362 P 1/5/2021 2/28/2022 Contractor: (041608) KING CNTY FINANCE CAG-21-038 Diversified Holdings NW, LLC. - Heather Downs Detention Water Quality Retrofit Project $208,983 $208,983 P 6/21/2021 12/31/2021 Contractor: (021446) DIVERSIFIED HOLDINGS NW LLC CAG-21-041 Gray & Osborne, Inc. - Lake Washington Loop Trail Project CM contract $25,278 $25,278 P 3/31/2021 12/31/2021 Contractor: (031245) GRAY & OSBORNE INC CAG-21-054 Environmental Science Associates (ESA) - Heather Downs Detention Pond WQ Retrofit Project - Cultural Resource Services $3,064 $3,064 P 3/18/2021 12/31/2021 Contractor: (024358) ENVIRONMENTAL SCIENCE CENTER CAG-21-077 MIG, Inc - Consulting services to conduct feasibility study for Hoquiam Ave NE Non-Motorized Improvements $51,950 $51,950 P 4/2/2021 12/1/2021 Contractor: (050948) MIG, INC CAG-21-092 KPFF Consulting Engineers, Inc. - Professional Service Agreement for a cost estimate to construct a 200 stall park and ride $15,000 $15,000 P 4/8/2021 12/31/2021 Contractor: (042765) KPFF CONSULTING ENGINEERS CAG-21-142 StreetScan, Inc. - 2021 Walkway Condition Assessment $98,468 $98,468 P 5/27/2021 10/31/2021 Contractor: (078464) STREETSCAN INC CAG-21-150 Three Rivers Mosquito & Vector control - 2021 mosquito Abatement Program SWP-27-2000 $76,366 $76,366 P 6/11/2021 12/1/2021 Contractor: (081341) THREE RIVERS MOSQUITO & VECTOR \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 27 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 ExecutedContract #Description Original Amt Current Amt Class Expiration Payables Receivables Miscellaneous Total Total 170 $28,721,198 12 $5,385,700 3 $0 185 $34,106,898 Public Works Subtotal \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 28 of 29 AGENDA ITEM #5. b) Expiring Contracts Summary For 10/1/2021 to 3/31/2022 Payables Receivables Miscellaneous Total Total 332 $39,220,781 37 $6,429,102 15 $0 384 $45,649,883 Grand Total \\eden\Apps\Eden\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 11/3/2021 12:15:01PM Printed: 11/3/2021 Page 29 of 29 AGENDA ITEM #5. b) AB - 2998 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: City Attorney Department Reorganization RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: City Attorney STAFF CONTACT: Shane Moloney, City Attorney EXT.: 6487 FISCAL IMPACT SUMMARY: The total fiscal impact for the City Attorney department reorganization for 2022 is estimated at $177,479.74. SUMMARY OF ACTION: The City Attorney Department is requesting approval of a reorganization that includes the following changes: 1. Convert the Chief Prosecutor position to a Prosecution Division Director (change from Pay Grade m38 Step D to m46 Step B). 2. Add a Lead Prosecutor position (Pay Grade 38). 3. Convert the existing Administrative Assistant position (grade n16 Step C) to Legal Analyst (grade m17 Step D). As further described in the attached memo, the proposed changes would improve efficiencies, relieve overburdened workloads, and provide a sufficient a number of attorneys to address impacts of pandemic related trial backlogs, increased time demands to process and review police body camera recordings, and effectively implement and grow community court. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Staff recommends approval of the request to reorganize the City Attorney Department by: converting the Chief Prosecutor position (m38) to Prosecution Director (m46), adding a Lead Prosecutor (m38), and converting the Administrative Assistant position (n16) to Legal Analyst (m17). AGENDA ITEM #5. c) CITY ATTORNEY’S OFFICE M E M O R A N D U M DATE: November 1, 2021 TO: Randy Corman, Council President Members of Renton City Council VIA: Armondo Pavone, Mayor FROM: Shane Moloney, City Attorney, ext. 6487 SUBJECT: Authorize the Request to Reorganize the City Attorney Department: Converting the Chief Prosecutor position (m38) to Prosecution Director (m46), Adding a Lead Prosecutor (m38), and converting the Administrative Assistant Position (n16) to Legal Analyst (m17) ISSUE: Should Council authorize the proposed reorganization of the City Attorney Department with the below changes? a. Convert the Chief Prosecutor position to a Prosecution Director (change from Pay Grade m38 Step D to m46 Step B)? b. Add a Lead Prosecutor position (Pay Grade m38)? c. Convert the existing Administrative Assistant position (grade n16 Step C) to Legal Analyst (grade m17 Step D)? RECOMMENDATION: Authorize the proposed reorganization of the City Attorney Department to improve efficiencies; relieve overburdened workloads; and provide a sufficient number of attorneys to address impacts of pandemic related trial backlogs, increased time demands to process and review police body camera recordings, and effectively implement and grow community court. AGENDA ITEM #5. c) BACKGROUND: A. Current Department Structure and Prosecution Division Description The City Attorney department currently operates with three divisions; the Administrative Division that consists of the City Attorney and Administrative Assistant; the Civil Division that consists of three Senior Assistant City Attorneys and a Civil Paralegal; and the Prosecution Division that consists of the Chief Prosecutor, three Prosecuting Attorneys, a Paralegal, and three Legal Assistants. Since the City Attorney department became part of the City in 2009, only minor changes in the department structure have occurred despite the growth and evolution of the department’s integration into the operation of the City. We have a highly professional and capable prosecution team that prides itself in upholding the City’s laws and protecting victims of crime. It does so with a focus on improving equitable outcomes whether that means putting additional time and effort into prosecuting difficult domestic violence cases involving multiple interpreters or collaborating with the municipal court and defense attorneys to establish the City’s community court program to help vulnerable offenders avoid a path of recidivism. B. Existing Capacity Deficits in the Prosecution Division 1. Increasing Workloads. In the last six years, the Chief Prosecutor has taken on added responsibility for directly supervising the three legal assistants and paralegal in addition to the three prosecuting attorneys. The supervisory role includes not just day-to-day supervision, but also responsibility for training new employees (a one-on-one process that can take months to get new employees up to speed and working independently), establishing and overseeing processes and procedures to ensure a high-volume workload can be managed professionally and equitably, working within and outside the department to implement new systems, programs, and adaptation to changes in laws and technologies. Within the same time frame, the Chief Prosecutor expanded an interdepartmental training program that includes providing legal prosecution training for all new police officers and regular ongoing training for existing officers. In 2019, the City implemented a new public defense contract that requires compliance with evolving public defense standards that encourage more rigorous defense of criminal charges and leads to an increased number of hearings, motions, and trials – all of which increase the amount of resources necessary to prosecute cases. In 2021, we partnered with the municipal court and public defender to initiate a community court program in which the prosecution team helps identify defendants who may benefit more from social services than jail time. To this point, the number of AGENDA ITEM #5. c) participants has been relatively small, but due to the necessity of weekly hearings, need to understand the individual circumstances of each defendant, and close monitoring of their progress in the social services, the program is more resource intensive than traditional prosecution and is expected to expand. 2. Extended Working Hours. As workloads have increased, the existing prosecutors have increasingly worked extended hours. Pre-pandemic, prosecutors more and more frequently worked 50+ hours a week to prepare for trials and/or cover during vacations, extended leaves of absences or vacant positions. For the Chief Prosecutor, when we experience vacancies or have new employees to be trained, those long work hours become the norm over a period of months and make time off infeasible, because she fulfills her managerial duties to recruit and fill the position, covers additional court calendars, and serves as our only prosecution supervisor who trains new attorneys and support staff. Even without vacancies, heavy caseloads and court schedules for a single supervisor in the prosecution division often do not leave sufficient time for good management practices, such as conducing regular one-on-one meetings with direct reports and taking time to engage in cross collaborations with other City departments. The workload also deters much needed breaks for vacation or other earned leave, because taking time off puts pressure on co-workers and/or creates further backlogs that still must be addressed with additional hours worked after taking leave. 3. Impacts of Covid-19 Pandemic and Trial Backlog. With the Covid-19 pandemic, the prosecution team efficiently and effectively moved to a remote court system to continue resolving cases in a safe and responsible manner. However, for over a year we were unable to hold trials, which made negotiating resolutions to cases more difficult and created a significant backlog in cases awaiting trials. Extended hours can lead to burnout and higher turnover among prosecuting attorneys, which would lead to further pressure on the Chief Prosecutor position. Despite our best attempts to resolve cases through negotiated dispositions, there are approximately 100 defendants who are currently awaiting their right to trial. Before the pandemic, the number of trials conducted in an average year was twenty or less. With limited resources for prosecution staff, the court, defense attorneys, and our jury pool, we are effectively limited to conducting one jury trial per week. If those waiting for a trial continue to insist upon jury trials, it could take years to get through the back log in cases. AGENDA ITEM #5. c) In order to maximize the chance that a trial advances each week even when a planned trial is cancelled for unanticipated witness unavailability or resolution through plea agreement, the prosecution team is preparing multiple backup cases to have ready for trial in the event the one primary scheduled case does not go forward. Trial preparation involves witness preparation and coordination and takes significant time and resources for both the attorneys and support staff to prepare exhibits, visual aids, trial support materials, and trial strategy. This added trial workload has made 50+ hour work weeks the norm for our prosecutors as they continue to maintain the rest of their caseloads, prepare for multiple trials, and cover for each other’s time off. It has also pushed our support staff to maximum capacity as they assist with trial preparation and associated witness coordination. C. Future Impacts of Police Worn Body Cameras Starting in 2022, all Renton police officers will wear body cameras that will record their interactions with defendants, victims, and witnesses. In most cases, there will be 6-8 different video recordings of the police response to calls that lead to criminal charges, all capturing slightly different perspectives of the events. Each video will be evidence that needs to be processed and provided to defense attorneys and reviewed by the prosecutors prior to motions and trial at which the statements and/or actions of those involved may have evidentiary value to the case. If videos will be used as evidence, they need to be downloaded, cropped, copied, redacted, transcribed, and/or otherwise prepared for distribution and viewing in court. Beyond the administrative work of preparing videos for discovery production and use as evidence in hearings and trials, simply viewing video of events in real time take significantly more time for the prosecution team than quickly reading through witness statements and reports that summarize the events. This viewing of evidence is necessary preparation for hearings and trial so as not to miss potentially important evidence and to avoid being caught unaware if used as evidence by the defense. Based upon the time it takes to review existing in car video and the number of additional expected recordings for each case, we conservatively estimate that the videos will create at least 20 hours of total additional work for the prosecutors each week. Most cities who have adopted body cameras have added or plan to add additional prosecution staff to support the added work. The proposed reorganization does not address potential impacts of advising on public records requests for body camera videos or the administrative non-attorney time needed to process body camera videos for criminal discovery, civil litigation, or public records requests because those impact are unpredictable at this time. D. Overview of Civil and Administrative Divisions Workloads AGENDA ITEM #5. c) The City Attorney’s office has been assisting the City in substantially more litigation than it has historically handled. These increases are attributable to defense of claims previously handled by the WCIA, forfeitures, code enforcement, administrative appeals, and condemnations. Along with the increase in civil litigation there has been an increase in complex property acquisitions that has pushed the civil attorneys and the civil paralegal position to capacity. To this point, the added workloads have been taken on through a combination of creating efficiencies, extended work hours by attorneys, an increase from .8 FTE to 1 FTE in the civil paralegal position and shifting responsibilities of the administrative assistant. As part of the reorganization, we are seeking to recognize the change in work assigned to the administrative assistant. When the department’s administrative assistant position was originally created, its work focused more on non-technical legal assistance, office administration, and secretarial work than providing direct legal support for attorneys. As technology has advanced, attorneys have become more self-sufficient in tasks that they may have previously used secretarial support for. The reduction of need for secretarial assistance has allowed the administrative assistant time to take on more high-level legal support work with minimal supervision that attorneys would have otherwise done in the past. The position is being redefined and trained to add responsibility for supporting attorneys in civil litigation, contract review, and assisting our criminal paralegal and prosecutors in handling workloads associated with criminal trial preparation and community court. The position will also act as the department’s project manager for process and organizational improvements, such as the potential acquisition and implementation of new case management software systems. As such, it is important for the position to be able to work seamlessly across the department in order to assess impacts and advocate for relevant process improvements. E. Purpose and Benefits of Proposed Reorganization The most significant change proposed as part of the reorganization is the addition of a new Lead Prosecutor. With existing workloads already beyond levels that can be sustained on a long-term basis and new programs expected to add significant additional hours of work, an additional prosecuting attorney is needed to maintain service levels and prevent burnout that could lead to increased turnover and significantly reduced service levels. Adding a Lead Prosecutor allows the new position to share some of the supervisory load in the division, including attorney training, oversight of the Rule 9 program , and day to day oversight of the community court program. The higher pay for the position also helps to reduce internal inequities and pay disparities in the eve nt we decide to shift more civil litigation such as civil forfeitures to the prosecution division. Having a mid- level supervisor/management position also allows our prosecutors, who have historically found upward mobility only by moving to different jurisdictions, gain additional paths towards advancement within the City. AGENDA ITEM #5. c) The other significant change proposed as part of the reorganization is converting the existing Chief Prosecuting Attorney position to a Prosecution Division Director. The Prosecution Division Director would continue to supervise and train the legal support staff and oversee the overall operation of the division, but with an added mid-level working supervisor would be able to spend less regularly scheduled time in court hearings and more time managing the division, collaborating with the City Attorney, other departments, and our public defenders. Although her time in court would not immediately decrease as we add new programs (body cameras and community court), our hope is that after a new attorney is added to the division and the trial backlogs eventually reduce, the position will be able to take a more active role in providing civil legal advice to the police department and others. This would help alleviate pressures on the civil division and enable clients receiving that legal advice to benefit from the perspectives and relationships established through the work of the prosecution division. The proposed pay grade reflects the high level of responsibility the position has for overseeing the operations of the prosecution division, comparable pay in other cities, and internal equities. A less significant change in terms of fiscal impact is the conversion of the Administrative Assistant position to that of a Legal Analyst. That change increases the pay for the position by only one pay grade, but it is significant and necessary to make better use of that existing position to support the entire department. The position will be much more effective at assisting the department’s needs if its title and job description accurately reflect the nature of the work that will best serve the department. Doing so allows us to establish expectations for job duties accordingly, pay appropriately for the work performed, and (if/when necessary) recruit to fill vacancies in the position with applicants who are qualified to perform the legally technical work the department is most in need of assistance with. Changes to the job description will also emphasize the need for independent, self-directed managerial level of skills and work assignments. FISCAL IMPACT: The total fiscal impact for 2022 is estimated at $177,479.74. This assumes the position conversions take effect January 1, 2022, and a Lead Prosecutor will be hired internally at step B effective starting on January 1, 2022. The resulting vacant prosecutor position will not be backfilled earlier than February 1, 2022. There will also be some additional IT equipment, training, subscription, licensing and furnishing costs for the new attorney, which the department will offset in 2022 with one-time savings by not filling the Rule 9 intern position in 2022 and continuing to attend remote training in 2022 rather than in person training where practically available. A breakdown of the impacts on the 2022 budget are set forth below. AGENDA ITEM #5. c) 2022 Budget Impact Criminal Division Director Conversion - salary and benefits 8,895.17 Lead Prosecutor - New position salary and benefits 195,585.42 New Employee - one-time Facilities costs 10,700.00 New Employee – one-time IT Costs 2,900.00 Added subscriptions and licensing 2,000.00 Admin to Legal Analyst Conversion 3,506.25 One time savings for step decrease and short vacancy for existing prosecutor position (28,058.53) Vacant Rule 9 intern position (one time savings 2022) (18,048.57) Total Cost: 177,479.74 CONCLUSION: Approving the proposed reorganization to add a new Lead Prosecutor, convert the Chief Prosecuting Attorney to a Division Director position, and convert the Administrative Assistant to a Legal Analyst will allow the City Attorney department to address existing capacity deficits while improving efficiencies and management of the department. Although the changes are not likely to create a significant amount of capacity to take on/expand new programs and workloads, it will create a structure within the department that makes it much more capable to take on those challenges as they come and be agile in its ability to redirect and focus its existing resources as workloads change. cc: Ed Van Valey, Chief Administrative Officer Ellen Bradley-Mak, Human Resources & Risk Management Administrator Kari Roller, Finance Administrator AGENDA ITEM #5. c) AB - 2993 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Request to Hire Senior Service Desk Technician at Step D RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Executive Department STAFF CONTACT: Young Yoon, Interim IT Director EXT.: 6886 FISCAL IMPACT SUMMARY: N/A - Position is already budgeted. SUMMARY OF ACTION: The ESD IT Division is requesting to hire the Senior Service Desk Technician at grade a17 step D. The recruitment for this position opened in September and yielded five candidates. Three candidates were selected from the pool to be interviewed. The candidate chosen to hire, has 20 years of experience in the IT field. The candidate has an Associate’s degree in Computer Networking Technology. Also, A+, Network+, and SCCM certifications. The candidate has current experience working in a municipal IT environment. The combined experience and education for the candidate, lends to a higher step placement. EXHIBITS: N/A STAFF RECOMMENDATION: Approve the request to hire a Senior Service Desk Technician at Step D of salary grade a17, effective December 1, 2021. AGENDA ITEM #5. d) AB - 2994 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Amendment to Renton Municipal Code Title 5 Chapter 5 for Business Licensing RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Nate Malone, Budget & Accounting Manager EXT.: 6936 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: The Finance Department has recognized the need to update Renton Municipal Code Title 5 Chapter 5 for business licensing. This amendment will change the registration requirements for residential landlords and also clarify the application and review process for city business licenses. EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Adopt and approve the ordinance amending Renton Municipal Code Chapter 5-5 for business licensing requirements. AGENDA ITEM #5. e) Finance Department M E M O R A N D U M DATE:October 28, 2021 TO:Randy Corman, Council President Members of Finance Committee CC:Armondo Pavone, Mayor Ed Van Valey, Chief Administrative Officer FROM:Kari Roller, Finance Administrator STAFF CONTACT:Nate Malone, Budget & Accounting Manager SUBJECT:Ordinance to amend Renton Municipal Code Chapter 5-5 ISSUE Renton Municipal Code Title 5 Chapter 5 needs to be amended to change the registration requirements for residential landlords and to clarify the application and review process for city business licenses. BACKGROUND The Finance Department has recognized the need to update the business license municipal code chapter 5-5 for the following requirements: The rental registration program was implemented in 2019 to create a registration and inspection program to ensure rental housing units meet basic health standards. The rental registration program required a landlord of a residential rental dwelling unit to register the rental unit with the city through the city’s business licensing software File Local. The city will no longer require a business license registration and will change the system used in which landlords register with the city. The change to this municipal code will add an exemption for business registration for residential landlords. The municipal code 5-5 also needs to be amended to implement procedures for accepting and processing new business license applications. The current code adds further clarification to detail the city’s authority to deny business licenses or registrations during the application review process based on a business’s failure to establish their intent and ability to comply with laws and regulations applicable to their business. RECOMMENDATION Staff recommends the Council adopt and approve the attached ordinance amending Renton Municipal Code Chapter 5-5. AGENDA ITEM #5. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5‐5‐3 OF THE RENTON MUNICIPAL CODE, AMENDING BUSINESS LICENSE REGULATIONS TO EXEMPT CERTAIN RESIDENTIAL LANDLORDS FROM BUSINESS LICENSE REGISTRATION REQUIREMENTS, CLARIFYING APPLICATION REVIEW PROCESS AND THE CITY’S AUTHORITY TO DENY LICENSES, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to exempt landlords whose only business activity in the City is renting residential dwelling units from registering through the City’s business license program so long as they separately register through the City’s rental registration and inspection program; and WHEREAS, the City desires to clarify that business license and registration applications may be denied based upon a business’s failure to establish their intent and ability to comply with laws and regulations applicable to such business; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 5‐5‐3 of the Renton Municipal Code is amended as follows: 5‐5‐3 GENERAL BUSINESS LICENSE REGISTRATION: A. General Business License Registration Required: 1. No person shall engage in business unless such person has submitted a general business license registration and holds a valid City of Renton general business license. The general business license shall not be transferable. If a person AGENDA ITEM #5. e) ORDINANCE NO. ________ 2 maintains more than one place of business within the City a separate general business license registration is required for each, with the following exceptions: a. Temporary or portable sales which will only be required to submit one registration; and b. A separate license for landlords, as that term is defined in RMC 4‐ 5‐125.C, is not required for each separate rental dwelling unit, as that term is defined in RMC 4‐5‐125.C; except that property managers who maintain off‐site offices shall obtain a separate license for each off‐site office. 2. If a person engages in no other activities in or with the City except the following, demonstrated through means satisfactory to the Administrator, it need not register: a. Acting within the scope of employment as an employee of a duly licensed City business; b. Owning or acting as lessor or sublessor of real property occupied with one (1) or more rental dwelling units, as that term is defined in RMC 4‐5‐ 125.C, and such rental dwelling units are each registered pursuant to RMC 4‐5‐ 125; except that a person who employs employees or rents a property meeting the definition of a short term rental, as that term is used in RMC 4‐4‐055, is not exempt from registration. i. Are not rented to others; ii. Consist of rental on a by‐room basis within a rental dwelling unit that is otherwise occupied by the property owner, except that a property AGENDA ITEM #5. e) ORDINANCE NO. ________ 3 meeting the definition of a short‐term rental, as that term is used in RMC 4‐4‐055, is not exempt; or iii. Are rented only to family members of the property owner. c. Activities for which requirement of a business license would violate Washington State or federal law. B. General Business License Registration Fee: 1. General Business License Registration Fee Required: The general business license registration fee of one hundred fifty dollars ($150.00) shall be due and payable when filing a completed registration form as prescribed by the Administrator. The general business license registration fee may be adjusted from time to time, as published in the current City of Renton Fee Schedule. If a business enterprise’s first date of engaging in business in the City is after July 1, a prorated half year general business license registration fee will be due in the amount of seventy‐five dollars ($75). 2. Exemptions: The following are exempt from the general business license registration fee, if demonstrated through means satisfactory to the Administrator: a. Non‐Profit Exemption: A person that can demonstrate that it is exempt from federal income taxation pursuant to 26 U.S. Code Subsections 501(c) or (d), as those subsections may be amended or recodified. b. Threshold Exemption: A person that can demonstrate that (1) its business has, as applicable to the type of business, an annual value of products, AGENDA ITEM #5. e) ORDINANCE NO. ________ 4 gross proceeds of sales, and gross income in the City equal to or less than two thousand dollars ($2,000), aggregated, and (2) it does not maintain a place of business within the City. This exemption does not apply to a person whose business requires or obtains a regulatory license or specialized permit. c. Residential Rental Property Owner Exemption: A person registering a place of business within the City at which such person’s engagement in business is limited to owning and renting/leasing one or more rental dwelling units, as that term is defined in RMC 4‐5‐125.C. 3. Time Within Which to Claim Overpayment of General Business License Registration Fee: If a person makes an overpayment of a general business license registration fee, and, within four (4) years after date of such overpayment, makes application for a refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund or be applied as a credit to annual renewal fees as approved by the Administrator. C. Issuance and Posting of General Business License: 1. All general business licenses shall be issued by the Administrator. The decision to issue or deny a general business license shall be made by the Administrator. The Administrator’s final decision may be appealed in accordance with this Chapter. Any appeals to the Hearing Examiner shall be governed by the rules and procedures prescribed by RMC 4‐8‐110. 2. The Administrator shall keep a record of all the general business licenses issued by the City of Renton. Each license shall be numbered, and shall AGENDA ITEM #5. e) ORDINANCE NO. ________ 5 show the name, place of business within the City and any other information as the Administrator shall deem necessary. 3. The general business license holder is required to ensure that at all times the license be posted in the place of business within the City for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the holder thereof at all times during business hours or while such business is being carried on, and shall be displayed at the request of any interested person or City official or representative. 4. The Administrator is authorized to implement procedures for accepting and processing applications to review the applicant’s compliance or intended compliance with all laws and regulations that relate to the operation of the business. This includes, but is not limited to, compliance or intended compliance with land use, fire, building, or any health and safety regulation related to the operation of the business. Applications may be held and suspended during such review process to investigate the existence of suspected non‐ compliance. Applicants are required to cooperate with and respond to requests from the City for information during this process and failure to do so cooperate is sufficient grounds for the City to deny the application. Notwithstanding the City’s review or information provided to the City by the applicant, the issuance or renewal of a business license shall not be construed as permission to conduct business in a way that violates any law or regulation. The issuance or renewal of a business license shall not prevent the Administrator from later denying or AGENDA ITEM #5. e) ORDINANCE NO. ________ 6 revoking the license for violations of law nor prevent the City from taking enforcement action to abate, correct, and/or penalize for the violations of law – regardless of whether the Administrator had or should have had information that indicated the business had or intended to violate such laws or regulations at the time a business license was issued or renewed. D. Expiration and Renewal: 1. Expiration: Unless otherwise established by the Administrator, general business licenses expire on January 31 of the year after issuance and must be renewed by the due date as described in subsection D.2 below. 2. Due Dates: General business license registration fees are due by the last day of January. 3. Renewal Notice: The City may, but is not required, to mail renewal forms, but failure of the person to receive any such form shall not excuse the person from making application for and securing the license required and paying the license fee when and as due. E. Penalties: 1. Monetary Penalty for Failure to Obtain License: The penalty for failure to obtain a general business license shall not be less than two hundred and fifty dollars ($250.00) or as prescribed in the City of Renton Fee Schedule, plus payment of all license fee amounts that should have been paid for the last four (4) years, as determined by the Administrator, plus a penalty of ten percent (10%) per annum for all amounts owing, plus any accounting, legal or administrative AGENDA ITEM #5. e) ORDINANCE NO. ________ 7 expenses incurred by the City in determining the unreported, or the unpaid portion over the last four (4) years or in collecting the penalty. 2. Monetary Penalty for Failure to Pay License Fee: Failure to pay the license fee when due and payable shall result in a penalty of five percent (5%) of the amount of the license fee for the first month of the delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of fifteen percent (15%) of the amount of such license fee. 3. Collection: Any license fee due and unpaid and all penalties under this Chapter may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. 4. Denial, Suspension or Revocation of General Business License: a. The Administrator may deny or suspend any license application and/or revoke any license issued pursuant to this Chapter to any person or other license holder who: i. Is in default in any payment to the City, except for current taxes and other obligations not past due; ii. Has obtained a license or permit by fraud, misrepresentation, or concealment; iii. Is or has been convicted of, forfeits bond upon, or pleads guilty to any felony offense directly related to the operation of the applicant’s or license holder’s business; AGENDA ITEM #5. e) ORDINANCE NO. ________ 8 iv. Makes false statements, misrepresentations or fails to disclose material facts to the City related to any permits or applications; v. Has operated or intends to operate the business in a way that Vviolates or allows employees, visitors, or patrons to violate federal, state, or municipal law, including but not limited to applicable; or violates any land use, building, safety, fire, or health regulation on the premises on or in which business is conducted; or vi. Fails to obtain or maintain a valid state business license or special endorsement for a specific activity. vii. Fails to cooperate with or provide information to the City upon request during its review of the application. b. Chronic nuisance premises: i. In addition to the provisions of RMC 5‐5‐3.E.4.a, a general business license may be revoked if the commercial, entertainment or retail business enterprise, or the owner(s), person(s) in control, or the managing agent(s) of the business enterprise, permit, suffer, maintain, carry on or allow upon or within two hundred feet (200') of such business activities that meet or exceed the criteria identified in RMC 5‐5‐2.G (CHRONIC NUISANCE PREMISES). If the person in control is not the legal owner, the person in control and owner are both jointly liable for any chronic nuisance premises. Both the owner and person in control are subject to the provisions and remedies in this Chapter and RMC 1‐ 3‐3. Application of either of these chapters against one party does not preclude AGENDA ITEM #5. e) ORDINANCE NO. ________ 9 application to another party who is an owner or person in control of a chronic nuisance premises. ii. Based on a chronic nuisance premises finding by the Administrator or by a court of competent jurisdiction, the license revocation period shall be as follows: (a) Ten (10) calendar days for a finding of a chronic nuisance premises as defined in RMC 5‐5‐2.G.1.a. (b) Thirty (30) calendar days for a finding of a chronic nuisance premises as defined in RMC 5‐5‐2.G.1.b. (c) Ninety (90) calendar days for a finding of a chronic nuisance premises as defined in RMC 5‐5‐2.G.1.c. (d) Immediately if the commercial, entertainment or retail business enterprise, or the person(s) in control, or the managing agent(s) of the business enterprise permit, suffer, maintain, carry on or allow upon or within two hundred feet (200') of such business activities which amount to an emergency that a City administrator or law enforcement officer reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, morals, safety, or welfare of persons or property in the City of Renton. (e) As the objective of this subsection is to encourage compliance, if the person or persons who are responsible or in control of the place of business within the City abate the condition(s) that created, caused, permitted, allowed, or necessitated the calls for service to the satisfaction of the AGENDA ITEM #5. e) ORDINANCE NO. ________ 10 Administrator in consultation with the City of Renton Police Chief, the remaining period of revocation shall be waived and the license, subject to the payment of all applicable fees, penalties, and costs, shall be reissued. iii. If any person or persons who are responsible or in control of the place of business within the City create, cause, permit or allow incidents that amount to two (2) or more chronic nuisance premises findings as defined by RMC 5‐5‐2.G.1.c, the Administrator may suspend that license for one (1) year, without the opportunity to abate, and the Administrator may consider the circumstances and findings in any future application request by any person associated with the offending business enterprise or the person or persons who were responsible or in control of the offending business enterprise. iv. Any offense that amounts to more than a nuisance, including but not limited to class A or B felonies, may result in revocation that is not limited to RMC 5‐5‐3.E.4.b.ii, and other penalties and/or punishments consistent with the RMC and/or the RCW. 5. Engaging in Business Without a General Business License: It shall be illegal for any person and/or license holder to fail to obtain or maintain a general business license and yet engage in business within City limits. Each business enterprise, its owner or agent who fails to obtain or maintain a general business license, in addition to the fines/penalties contained in subsections 5‐5‐3.E.1 or 2 as they exist or may be amended, shall be guilty of a misdemeanor, and subject to the penalties of RMC 1‐3‐1, as it exists or may be amended. AGENDA ITEM #5. e) ORDINANCE NO. ________ 11 6. Gross Misdemeanor for False Statement or Representation: It shall be a gross misdemeanor under RCW 9A.72.040 (False swearing), as it exists or may be amended, punishable under RMC 1‐3‐1 for any person including but not limited to the owners, shareholders, partners, or principals, whether for themselves, for others or by others to sign a general business license application, which is required to maintain a general business license, to make any false or fraudulent application or false statement or representation in, or in connection with, any such application. 7. Order to Close Business Enterprise: Any law enforcement officer, code compliance officer, or the Administrator may serve a notice ordering a business enterprise to close and discontinue operation in the City which operates without a valid general business license, or which violates or otherwise fails to comply with any provision of this Chapter. That notice may be served in person or by certified mail, return receipt requested. The notice shall indicate the reason(s) that the business enterprise is ordered to close. 8. Appeals: a. A person shall have the right to appeal an adverse decision made by the Administrator under this Chapter by filing a written notice of appeal with the City Clerk within ten (10) calendar days of receipt of the decision, or within thirteen (13) calendar days of mailing of the decision, whichever is later. The written notice of appeal shall provide information asserting why the Administrator’s decision should be reversed or modified. AGENDA ITEM #5. e) ORDINANCE NO. ________ 12 b. For appeals of all decisions except those asserting an emergency, the Administrator shall review the appeal and enter an order affirming, reversing, or modifying the decision. The order shall be made in writing and a copy provided to the appellant either in person or by mail. The appellant shall have a right to appeal the order to the City’s Hearing Examiner by filing a written notice of appeal with the City Clerk within twenty (20) calendar days of the date of the order. The rules and procedures governing such appeal shall be the rules and procedures prescribed by RMC 4‐8‐110. c. For appeals of decisions asserting an emergency, the appeal shall be scheduled for hearing directly with the City’s Hearing Examiner at the earliest possible time after receipt of the appeal. The rules and procedures governing such appeal shall be the rules and procedures prescribed by RMC 4‐8‐110. 9. Prior to the Administrator issuing or reissuing a general business license all unpaid fees and penalties shall be paid. F. Rules: The Administrator shall have the authority to adopt, publish and enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying out the provisions of this Chapter, and it shall be unlawful for any person to violate or fail to comply with any such rules or regulations. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, AGENDA ITEM #5. e) ORDINANCE NO. ________ 13 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall take full force and effect on January 1, 2022. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2021. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2188:11/2/21 AGENDA ITEM #5. e) AB - 2992 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Authorization to Hire Tax & Licensing Manager position at Step E RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Kari Roller, Finance Administrator EXT.: 6931 FISCAL IMPACT SUMMARY: There is no budget impact to hire this candidate at step E. SUMMARY OF ACTION: The Finance Department requests to fill the Tax & Licensing Manager position at step E. This position is particularly challenging to fill due to the unique qualifications it requires. Recruitment was opened in early October and yielded just two candidates, both of whom were asked to interview. The selected candidate has 19 years of experience in the tax and licensing field, and is a board member of the Pacific Northwest License and Tax Fraud Association. They will bring considerable talent and experience to the Finance Department, and the combined background and education lends to a higher step placement. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Authorize staff to hire this candidate for the Tax & Licensing Manager (grade m28) position at Step E, effective November 16, 2021. AGENDA ITEM #5. f) FINANCE DEPARTMENT M E M O R A N D U M DATE:November 8, 2021 TO:Randy Corman, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Finance Administrator SUBJECT:Hire Vacant Tax & Licensing Manager (grade m28) Position at Step E BACKGROUND The Finance Department has a recently vacated Tax & Licensing Manager position due to an internal promotion. ISSUE The Finance Department requests to hire the Tax & Licensing Manager position at grade m28, step E. Finding a qualified candidate for this position was a challenging endeavor due to the unique qualifications required. The recruitment for this position opened in October and yielded just two candidates. Both candidates were selected from the pool to be interviewed. The chosen candidate has 19 years of experience in the tax and licensing field, is a board member of the Pacific Northwest License and Tax Fraud Association, and has a Bachelor’s degree in Business. Additionally, they received outstanding reviews from their most recent supervisors. This candidate will bring considerable experience and talent to the Finance Department. It is our opinion that we will not be able to find an individual more suited by background, skills, and abilities to fill this position and the combined experience and education for the candidate lends to a higher step placement. There is no budget impact to hire this candidate since the incumbent was previously budgeted at step E. RECOMMENDATION We recommend that City Council authorize staff to offer this candidate the Tax & Licensing Manager (grade m28) position, Step E, effective November 16, 2021. AGENDA ITEM #5. f) AB - 2997 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Amendment to Renton Municipal Code Chapters 5-25 and 5-26 for B&O Taxes RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Nate Malone, Budget & Accounting Manager EXT.: 6936 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: The Finance Department has identified the need to amend Renton Municipal Code 5 -25 and 5-26 for the business and occupation tax cap on the amount of business and occupation tax paid by any one business in any one year. The new changes include an update and phase out of the current tax cap over the next several years. These new changes also apply a discounted tax rate for those taxes due over $12,000,000. EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Approve and adopt the ordinances amending Renton Municipal Code Chapters 5-25 and 5-26 for business and occupation taxes. AGENDA ITEM #5. g) Finance Department M E M O R A N D U M DATE:November 1, 2021 TO:Randy Corman, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Finance Administrator STAFF CONTACT:Nate Malone, Budget and Accounting Manager SUBJECT:Ordinance to amend Renton Municipal Code Chapters 5-25 and 5-26 ISSUE The Renton Municipal Code 5-25 and 5-26 need to amend the business and occupation tax cap for those businesses paying over $4,250,000 in any one year. The new changes include an update and phase out of the current tax cap over the next several years and applies a discounted tax rate for those taxes due over $12,000,000. BACKGROUND The city implemented a business and occupation tax in 2016 which limited the total amount of revenues any one business would pay tax on annually up to $5,000,000,000 adjusted annually by inflation. The city further adopted changes in 2019 to help clarify the intent of this code to limit the amount of tax paid versus the amount of revenues the tax would be assessed on. Since inception, there has been no increases to this tax besides the annual inflation adjustment, and it is now the city’s intention to increase this tax to assist with the city’s current budget shortfall. The city continues to desire to have in place limits on the amount a single taxpayer may pay in any one year however intends to change this tax limit to a rate reduction after a specified tax instead of a tax cap. The new code changes will remove the inflationary adjustment language and establish instead an update and phase out the business and occupation annual tax cap with fixed caps beginning in 2022 increased $2 million each year through 2024 and adding a rate reduction in 2025 according to the following schedule: •2022 - annual tax cap of $7 million •2023 - annual tax cap of $9 million •2024 – annual tax cap of $11 million •2025 and thereafter - once a taxpayer has paid $12 million in taxes in any one year, the rate will be discounted by 75% for the remaining gross proceeds of business income. RECOMMENDATION Staff recommends the Council approve and adopt the attached ordinances amending Renton Municipal Code Chapters 5-25 and 5-26. AGENDA ITEM #5. g) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5‐25‐4 OF THE RENTON MUNICIPAL CODE TO UPDATE AND PHASE OUT THE BUSINESS AND OCCUPATION TAX ANNUAL CAP WITH FIXED CAPS THROUGH 2024 AND REPLACING THE CAP STARTING IN 2025 WITH A RATE REDUCTION FOR TAXES PAID BY AN INDIVIDUAL TAXPAYER ABOVE TWELVE MILLION DOLLARS IN A GIVEN TAX YEAR; REPEALING DEFINITIONS FOR INFLATION ADJUSTMENT FROM RMC 5‐25‐2.P AND 5‐26‐3.D; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 5‐25‐2.P of the Renton Municipal Code is repealed in its entirety and marked “Reserved,” as shown below. All other provisions in 5‐25‐2 remain in effect and unchanged. P. Reserved. “Inflation Adjustment” shall be an amount equal to the amount and direction of change determined by the Settle‐Tacoma‐Bremerton Urban Wage Earners and Clerical Workers Consumer Price Index (CPI‐W) for each twelve (12)‐month period ending on August 31st as published by the United States Department of Labor. To calculate this adjustment, the current rate will be multiplied by one (1) plus or minus, as the case may be, the annual change in the CPI‐W. SECTION III. Section 5‐25‐4 of the Renton Municipal Code is amended as follows: 5‐25‐4 IMPOSITION OF THE TAX – TAX OR FEE LEVIED; BUSINESS LICENSE FEE EXEMPTION: AGENDA ITEM #5. g) ORDINANCE NO. ________ 2 A. Except as provided in RMC 5‐25‐4.BC (Tax Thresholds) and 5‐25‐4.CD (Amounts in Excess of Cap), effective January 1, 2016 at 12:01 a.m. there is levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities in the City of Renton, whether the person’s office or place of business be within or without the City. The tax shall be in amounts to be determined by application of rates against gross proceeds of sale, gross income of business, or value of products, including by‐products, as the case may be, as follows: 1. Upon every person engaging within the City in business as an extractor; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by‐products, extracted within the City for sale or for commercial or industrial use, multiplied by the rate of .085 of one percent (.00085). The measure of the tax is the value of the products, including by‐products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City. 2. Upon every person engaging within the City in business as a manufacturer; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by‐products, manufactured within the City, multiplied by the rate of .085 of one percent (.00085). The measure of the tax is the value of the products, including by‐ products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the City. AGENDA ITEM #5. g) ORDINANCE NO. ________ 3 3. Upon every person engaging within the City in the business of making sales at wholesale; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of .085 of one percent (.00085). 4. Upon every person engaging within the City in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of .050 of one percent (.00050). 5. Upon every person engaging within the City in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of .085 of one percent (.00085). 6. Upon every person engaging within the City in the business of sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of .085 of one percent (.00085). 7. Upon every other person engaging within the City in any business activity other than or in addition to those enumerated in the above subsections; AGENDA ITEM #5. g) ORDINANCE NO. ________ 4 as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of .085 of one percent (.00085). This subsection includes, among others, and without limitation whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale, persons engaged in the business of developing, or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. Limitation of the Tax Rate Adjustment: The rates in subsection A above shall not be increased by more than the Inflation Adjustment in any given year. BC. Tax Thresholds: This chapter shall not apply to any person engaging in any one (1) or more business activities which are otherwise taxable pursuant to RMC 5‐25‐4.A, whose value of products, including by‐products, gross proceeds of sales, and gross income of the business, less any deductions, as the case may be, from all activities conducted during any calendar year, is less than or equal to the threshold amount of five hundred thousand dollars ($500,000). CD. Annual Tax Cap and Rate Reduction: For the calendar years 2022‐2024, the tax imposed under this chapter for a single taxpayer shall not exceed the following maximum tax amounts for each respective year according to the following schedule: 2022 – seven million dollars ($7,000,000); 2023 – nine million dollars ($9,000,000); 2024 – eleven million dollars ($11,000,000). Starting in 2025 AGENDA ITEM #5. g) ORDINANCE NO. ________ 5 and for each subsequent year thereafter, once a taxpayer has paid twelve million dollars ($12,000,000) in taxes imposed under this chapter in the given year, the rates specified in RMC 5‐25‐4.A shall be discounted by seventy‐five percent (75%) for remaining gross proceeds of sale, gross income of business, or value of products, including by‐products, as the case may be. The tax imposed under this chapter shall not exceed four million two hundred fifty thousand dollars ($4,250,000) during any calendar year. The cap set forth in this subsection shall be administratively adjusted by the Administrator on January 1st of each year, beginning on January 1, 2017, to reflect the inflation adjustment, as defined and calculated pursuant to RMC 5‐25‐2.P. The amount of the cap so calculated shall be rounded to the nearest ten dollars ($10). SECTION IV. Subsection 5‐26‐3.D of the Renton Municipal Code is repealed in its entirety and marked “Reserved,” as shown below. All other provisions in 5‐26‐3 remain in effect and unchanged. D. Reserved. “Inflation Adjustment.” Whenever an “inflation adjustment” is required or permitted pursuant to any section of RMC Title V, such adjustment shall be an amount equal to the amount and direction of change determined by reference to the Seattle‐Tacoma‐Bremerton Urban Wage Earners and Clerical Workers Consumer Price Index (CPI‐W) for each twelve (12) month period ending on August 31st as published by the United States Department of Labor. To calculate annual or biennial adjustments, the Administrator shall use the current AGENDA ITEM #5. g) ORDINANCE NO. ________ 6 rate multiplied by one (1) plus or minus, as the case may be, the annual or biennial change in the CPI‐W. SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VI. This ordinance shall take full force and effect on January 1, 2022. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2021. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2197:11/2/21 AGENDA ITEM #5. g) AB - 2996 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Urban Forest Management Plan 2022-2032 RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Ian Gray, Urban Forestry & Natural Resources Manager EXT.: 6601 FISCAL IMPACT SUMMARY: No fiscal impact SUMMARY OF ACTION: An agreement for professional services to create a new urban forest management plan was authorized and startedin May 2021. The previous 10-year urban forest management plan expired in 2020. The new plan will serve as thefoundational management document and Urban Forestry workplan for the next 10 years. Final review and adoption areenvisaged inearly2022. The updated Urban Forest Management Plan (“UFMP”, “Plan”) will emulate the format of the 2009 plan but willbe expanded to incorporate recent canopy cover da ta, new tree ordinances, updates to the tree inventory, an annualtree planting initiative, resiliency and preparedness planning, and a risk tree management plan. The 2009 UFMP wascreated when the forestry program was new, a Citywide task force was created, and a consultant was on-boarded tocoordinate the project and produce a professional document. With new inventory and canopy data, this update to theUFMPwillguidetheprogramtowardsamoreproactivecyclicalroutinemaintenanceandregularperiodicinspectio nsfortrees with known higher risk levels. It will also address staffing levels and options for in -house arborist services andprovide holistic planning and actions to achieve a shared vision for the urban forest. Trees and urban forests provideenvironmental, ecological, economic, and social benefits to people living in urban and suburban areas. Because thesebenefits are valued and are only sustained by maintaining and enhancing the tree canopy, Renton’s urban forest isactively managed by Parks, Planning and Natural Resources. An up to date and functional Urban Forest ManagementPlanis acriticalpartof thatmission. The following is a tentative timeline for the Planning Commission and SEPA Plan Review process: • Enter agenda bill by 11/1/2021 for council to consider on 11/8/2021 and refer to P&D Committee • Planning & Development Committee, 11/22/2021, kick off and initiate public Process. • Planning Commission, 12/01/2021, consolidated briefing and public hearing • Planning & Development Committee, 12/13/2021, follow up from Commission meeting • Planning Commission, 01/05/2022, deliberation and recommendation • Parks Commission 01/11/2022, review and recommendation (moved from November…) • Planning & Development Committee, 01/24/2022, follow up from Parks and Commission meetings and refer to Council • Council, 01/24/2022 or 02/07/2022 EXHIBITS: A. 2021AgreementforForestManagementPlanProfessional Services AGENDA ITEM #5. h) STAFF RECOMMENDATION: Refer the updated Urban Forest Management Plan (UMFP) to the Planning & Development Committee in order to initiate the public planning process; and direct staff to return to Council with a recommended course of action to adopt the UMFP after completion of the public planning process. AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 1 SUBMITTED TO: CITY OF RENTON, WA ATTN: IAN GRAY, URBAN FORESTRY & NATURAL RESOURCES MANAGER COMMUNITY SERVICES DEPARTMENT 1055 S. GRADY WAY RENTON, WA 98057 SUBMITTED BY: PLANIT GEO 7878 WADSWORTH BLVD SUITE 340 ARVADA, CO 80003 E: INFO@PLANITGEO.COM │ P: 303.214.5067 SUPPORTED BY: PENINSULA ENVIRONMENTAL GROUP, INC JOHN BORNSWORTH, FOUNDER AND COMMUNITY FORESTER SCOPE OF WORK 10-YEAR URBAN FORESTRY MANAGEMENT PLAN UPDATE – SCOPE OF WORK TO THE CITY OF RENTON, WASHINGTON May 3, 2021 PROVIDED BY: PLANIT GEO Source: Why Renton AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 2 SCOPING DOCUMENT - TABLE OF CONTENTS Consulting Team Summary............................................................................................................................1 Background & Introduction...........................................................................................................................1 Project Scope of Work...................................................................................................................................2 Project Logistics.................................................................................................................................................2 Project Tasks and Description............................................................................................................................2 Project Timeline............................................................................................................................................6 Timeline Overview.............................................................................................................................................6 Planning Commission and SEPA Plan Review Process/Timeline.....................................................................6 Project Milestones........................................................................................................................................7 Milestone Key....................................................................................................................................................7 Key Project Milestones......................................................................................................................................7 Project Costs.................................................................................................................................................8 Cost Overview....................................................................................................................................................8 Optional Add-Ons (Value Added Services) ........................................................................................................8 Report Format ..............................................................................................................................................9 Exhibit B. Detailed Costs..............................................................................................................................10 AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 1 CONSULTING TEAM SUMMARY This project will be completed by PlanIT Geo, LLC (www.planitgeo.com) based in Arvada, CO in partnership with Peninsula Environmental Group, Inc. in Port Angeles, WA (www.peninsulaenvironmental.com). PlanIT Geo’s project partners’ experience, knowledge, and location within the Pacific Northwest is essential to the development of a plan tailored to the City of Renton while keeping costs and energy consumption at a minimum. The primary contact – and Project Manager – for this project will be Chris Peiffer, PlanIT Geo’s Director of Urban Forestry Consulting Services. PlanIT Geo will be the contracting firm. BACKGROUND & INTRODUCTION Trees and urban forests provide environmental, ecological, economic, and social benefits to people living in urban and suburban areas. Urban forests and community health are inextricably linked; the better an urban forest, the greater a community’s health. A community that is engaged with its urban forest will responsibly plant, care for, and nurture its trees, while inspiring others to do the same and supporting the City’s urban forest management program. A thriving urban forest is only possible through a civic commitment and partnerships shared by all. Understanding these benefits and the need for sustaining and enhancing tree canopy, Renton’s urban forest is managed by Parks, Planning and Natural Resources and the permitting is administered by the Community and Economic Development Department. Urban forests are seen as critical infrastructure and are core components vital to City and partner plans and efforts such as: ❖2009 Urban & Community Forestry Development Plan ❖2015 Comprehensive Plan ❖Community Plans of City Center, Benson Hill, and Renton Highlands ❖Public tree inventories (27,466 trees) and sample natural area inventories (~89,528 trees) ❖CityWorks asset and workorder management ❖2019 Forestry ordinance update (2021 planned) ❖2020 Urban Forest Inventory & Resource Analysis Summary Report ❖Sustainable Renton ❖Evergreen Communities Act revision approved by WA legislature The updated Urban Forest Management Plan (“UFMP”, “Plan”) will emulate the format of the 2009 plan but will be expanded to incorporate recent canopy cover data, new tree ordinances, updates to the tree inventory, an annual tree planting initiative, resiliency and preparedness planning, and a risk tree management plan underway. The 2009 UFMP was created when the forestry program was new, a Citywide task force was created, and a consultant was on-boarded to coordinate the project and produce a professional document. With new inventory and canopy data, this update to the UFMP will guide the program towards a more proactive cyclical maintenance routine and regular periodic inspections for trees with known higher risk levels. It will also address staffing levels and options for in-house arborist services and provide holistic planning and actions to achieve a shared vision for the urban forest. AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 2 PROJECT SCOPE OF WORK Project Logistics Consulting Team Chris Peiffer (PlanIT Geo), Andrew Carrier (PlanIT Geo), John Bornsworth (Peninsula Environmental Group, “PEN”), Micki McNaughton (PEN) Project Manager Chris Peiffer, Director of Urban Forestry Consulting Project Lead/City Contact Ian Gray, Urban Forestry Manager (City of Renton, WA) Project Second/City Contact Leslie Betlach, PPNR Director (City of Renton, WA) City Collaborative Team To be determined (9 member team being recruited currently) Virtual Meeting Platform Zoom File-Sharing Platform City-provided Project Tasks and Description Project Management and Kickoff ($5,560) Internal Kickoff (remote) May 2021 Interdepartmental remote meeting using Zoom. Project Lead will coordinate with staff. Consulting Team prepares agenda and presentation. Internal Work Plan May 2021 Plan narrative describing the approach, decisions, objectives, and milestones. UFMP Outline May 2021 A document describing the content and arrangement in the Plan. This will include layout, format, colors, font, hierarchy Community Outreach Strategy May 2021 An internal document describing the outreach and education approach for the project. Task A. Initial Research and Information Gathering ($11,320) Research May 2021 Consulting Team conducts research of online resources and resources provided by the City aligned with the U.S. Forest Service’s Urban Forest Audit System Discovery Matrix. Request for Information (RFI) May 2021 Consulting Team provides an itemized list of requested information for the City Project Team to complete to inform the Discovery Matrix. Research Summary June 2021 All initial research is completed and summarized in a document and worksheet. Findings to be reviewed with Renton to determine what needs to be included as focal points or ‘bookends’ for the 10-year management plan. Task B. City Operations and Workflows ($5,760) Meeting and Interview Sessions (remote) June-July 2021 One (1) Zoom interview session with all Collaborative Team members for two (2) hours One (1) Zoom interview session per department (4 total) for one (1) hour each Consulting Team prepares an approach to gather information about existing operations, workflows, resource needs, and inconsistencies and the Project Lead provides the programs and staff to participate. Meetings and interviews are organized into sessions based on programs and discussion themes. Discussions are analyzed for use in the UFMP. Time commitment for 9-person Collaborative Team will be one interview 1.5-2 hours long with all team members. Second tier group department interviews (2-5 people each, 4 departments) will be one hour for each department. Brief tick-box online surveys or questionnaires will supplement interviews. Draft document review will conclude the collaborative drafting process with a facility for logging AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 3 responses/concerns via email. Task C. Existing Conditions ($5,720) Tree Inventory Data Analysis May-June 2021 The inventory data is provided to the Consulting Team to analyze and summarize based on the attributes available in the dataset to inform the UFMP. Tree Canopy Assessment May-June 2021 The canopy assessment data is provided to the Consulting Team to analyze and summarize to inform the UFMP. Task D. Benchmarking Research ($5,720) Establish Parameters May 2021 Datasets are finalized, cities for comparisons identified, all relevant City information obtained. Establish Benchmarks August 2021 The Consulting Team utilizes information obtained from the City to establish urban forest benchmarks that are cross-examined with comparable Puget Sound communities of similar size and industry standards using the 2020 Tree City USA reporting database and the 2014 community forestry census (Richard Hauer, et al.). Results are discussed with the City Collaborative Team via remote meeting and benchmarks are updated for the final version. Results provided in a summary document and worksheet. Task E. Community Engagement ($15,820) Final Community Outreach Strategy June 2021 After conducting research, meeting with the City Collaborative Team, and completing the staff interviews, a final internal Community Outreach Strategy will be prepared. The Consulting Team will manage all outreach. UFMP Project Website May 2021 The website will serve as the primary platform for community engagement to provide information and gather input for the UFMP. PlanIT Geo will host a WordPress-based online platform that includes creation of a custom URL (e.g., RentonForestryPlan.com), embedding of two (2) public questionnaires, project overview, project timeline, key findings, hyperlinks to City tree data (canopy and inventory), and contact information managed by PlanIT Geo. An account will also be created for the Project Lead to respond to online questions/comments and provide website content as desired. Includes automatic translation of content into Spanish and Vietnamese provided by Google services. Hosting by PlanIT Geo will begin upon project start and cease on June 30, 2022 (6 months after project completion). PlanIT Geo will provide support to City for acquiring website data or continue the hosting. Website includes an interactive mapping feature that allows for website users to drop a pin on a map location, record comments, and subsequently capture activity hotspots. Feature will be added using a Google Maps plugin or similar. Project Lead will have access to the website for viewing, responding, and reporting on collected comments. Community Questionnaire #1 (online) June 2021 An online survey using approaches identified in the Community Outreach Strategy to gather public viewpoints and perceptions as it relates to the urban forest and improvements in maintenance, planting, and outreach programs. Supports development of a Plan Vision. Includes a single paragraph write-up with links to share information on the project and the importance of this effort. Questionnaire to be integrated into project website. Managed and summarized by PlanIT Geo. Community Questionnaire #2 (online) August 2021 An online questionnaire using approaches identified in the Community Outreach Strategy to gather public input and feedback as it relates to draft goals, strategies, and actions. Questionnaire to be integrated into project website. Managed and summarized by PlanIT Geo. AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 4 Translation Services (contracted) May-December 2021 PlanIT Geo will coordinate services with a consultant or firm experienced in translation of documents and audio into Spanish and Vietnamese languages. Contracted services offer lower costs compared to PlanIT Geo’s in-house Spanish translation services. Services include translation (2 languages) of public online questionnaires, project website pages, and supporting documents up to $2,000. See Optional Add-Ons for services and costs beyond the $2,000 limit. Task F. Urban Forest Audit System ($6,600) Complete the Audit September 2021 Based on outcomes from Tasks A-E, a systematic evaluation of Renton’s urban forest resource, management, sustainability, and community framework will be evaluated using the U.S. Forest Service’s system tailored to the City. Consists of 11 categories with 129 elements of which each element is ranked: 0) Not Practice, 1) In Development, 2) Adopted Practice, 3) Exceeds Common Practice. This scoring system provides a quantitative assessment of Renton’s urban forest from which goals and strategies will be developed. Audit serves as a Plan monitoring platform to measure progress and adapt. Task includes a remote meeting to discuss and revise and final audit provided as a summary and worksheet. Task G. Goals, Strategies, Actions, Targets Framework ($6,760) Develop the Framework September-October 2021 Based on the outcomes of the Urban Forest Audit System (derived from Tasks A-E) and additional input from the City Collaborative Team, the draft vision, goals, strategies, actions, and targets will be developed for review. The review process will consist of two (2) remote meetings with the Collaborative Team and a remote presentation to the Parks Commission to discuss and finalize the framework. The framework will be consistent with the 2009 Plan— a foldout for the 10-year period with tasks, goals, budgets, and benchmarks. Actions follow the “SMART” protocols and include target year, lead(s), co-benefits, reference to audit, priority, level of effort, and funding mechanism(s). Actions may also provide guidance for the general public on how they can support an action or goal. Targets are either calendar or fiscal year-based and are tangible measures to monitor action progress and success. Includes an interactive worksheet as a review document and final deliverable. Task H. Monitoring Plan ($6,520) Develop the Monitoring Plan September-October 2021 Evaluate-Monitor-Report-Revise: Consists of an implementation timetable, guidance for implementing actions, process for completing an audit update, benchmarks to monitor, action reports, and guidance for revising strategies, actions, and targets in an adaptive management approach. Includes a remote meeting to discuss and revise. AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 5 Task I. Urban Forest Management Plan Development ($23,320) Complete the UFMP Drafts September-November 2021 The previous tasks (A-H) provide components to the overall Plan that will be tied together in Task I. Based on the UFMP Outline, Draft 1 of the Plan will be completed in MS Word and Adobe PDF and both formats are shared via the FTP site for the City Collaborative Team to conduct internal reviews (Draft 1). The Project Lead will compile all feedback and meet remotely with the Consulting Team to discuss feedback and required edits. The Consulting Team will make revisions and send to the Collaborative Team for a second round of reviews (Draft 2). The Project Lead will compile all feedback from the second review session and the Consulting Team will update the draft to serve as Draft Final Document (Draft 3). This Draft Final Document will include all style and format requirements and graphic design and will be provided to the Parks Commission 2-4 weeks in advance of the presentation (Task J). The final UFMP will be prepared after the second Parks Commission remote presentation (Task J). Task J. Presentation ($4,560) Parks Commission Presentation September 2021, January 2022 The Consulting Team will provide the Parks Commission with a remote presentation of the project at mid-point, i.e., after the City staff interviews (Task B). The Consulting Team will work with the Project Lead to determine the meeting date and finalize the presentation. In addition, the Consulting Team will provide an in-person presentation of Draft Final Document. City Council “Committee of the Whole” January or February 2022 Upon completion of the Draft Final Document, the Consulting Team will adhere to the Planning Commission and SEPA Plan Review processes by providing initial presentation content and can attend meetings based on the hourly rates provided in this scope of work. After the processes are completed, the Consulting Team will attend the City Council “Committee of the Whole” meeting remotely to oversee the final presentation and closing of the project. Task K. Final UFMP ($2,320) Final UFMP February 2022 After the remote Parks Commission meeting and other Planning Commission and SEPA Plan Review processes, the Consulting Team will prepare the final UFMP (“Final Document”) by making minor, if any, changes as a result of these meetings. The Final Document will adhere to the style guides, format, and other City requirements. The Final Document will be styled and formatted to serve the City staff while being comprehensible and easy to follow for the general public. Final Delivery February 2022 All documents, studies, data, and supporting resources will be provided to the City in a zipped folder along with document and file structure guidance. The Consulting Team will check in with the Project Lead for confirmation of all project deliverables to complete the project. AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 6 PROJECT TIMELINE Timeline Overview PLANNING COMMISSION AND SEPA PLAN REVIEW PROCESS/TIMELINE The following is a tentative timeline for the Planning Commission and SEPA Plan Review process: ❖Planning & Development Committee, 11/08/2021, kick off and initiate public process (could also potentially do 11/22, but that meeting may cancel given it is Thanksgiving week). ❖Planning Commission, 12/01/2021, consolidated briefing and public hearing ❖Planning & Development Committee, 12/06/2021, follow up from Commission meeting ❖Planning Commission, 01/05/2022, deliberation and recommendation ❖Parks Commission 01/11/2022, review and recommendation (moved from November…) ❖Planning & Development Committee, 01/24/2022, follow up from Parks and Commission meetings and refer to Council ❖Council, 01/24/2022 or 02/07/2022 AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 7 PROJECT MILESTONES Milestone Key Project Management Collaborative Team Review Community Outreach Planning Planning Commission & SEPA Processes Key Project Milestones May Jun Jul Aug Sept Oct Nov Dec Jan Feb Kickoff Team Meeting Team Meeting Team Meeting Team Meeting Team Meeting Team Meeting Team Meeting Internal Work Plan UFMP Website City Staff Inter- views Public Survey #2 Urban Forest Audit Canopy and Planting Goals UFMP Draft #2 Planning Comm- ission (12/1) Planning Comm- ission (1/5) (alter- nate) City Council (2/7) UFMP Outline Research Research (ordin- ance) Bench- marks Parks Comm- ission Presen- tation Goal Frame- work Draft Final Docu- ment Planning & Devel- opment Comm- ittee (12/6) Parks Comm- ission Presen- tation (1/11) Final Doc- ument (UFMP) Comm- unity Outreach Strategy Data Analysis Trans- lation Services Trans- lation Services Monit- oring Plan Trans- lation Services Planning & Devel- opment Comm- ittee (1/24) Final Delivery Public Survey #1 UFMP Draft #1 Planning & Devel- opment Comm- ittee (11/8) City Council (1/24) AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 8 PROJECT COSTS Cost Overview Project Task Hours Cost % Project Management and Kickoff 66 $5,560 6% Task A: Initial Research and Information Gathering 138 $11,320 11% Task B: City Operations and Workflows 70 $5,760 6% Task C: Existing Conditions 70 $5,720 6% Task D: Benchmarking Research 69 $5,720 6% Task E: Community Engagement 188 $15,820 16% Task F: Urban Forest Audit System 80 $6,600 7% Task G: Goals, Actions, Targets Framework 80 $6,760 7% Task H: Monitoring Plan 78 $6,520 7% Task I: Urban Forest Management Plan Development 280 $23,320 23% Task J: Presentation 55 $4,5600 5% Task K: Final UFMP 28 $2,320 2% TOTAL 1,202 $99,980 100% Optional Add-Ons (Value Added Services) Optional Service Cost A) Additional UFMP Website Feature – Additional Resources: In addition to the UFMP project features, the website may contain supporting resources such as existing plans, overview of urban forest benefits and services, highlights of the 2018 tree canopy assessment, definitions, or other. Limit to 6 separate resources. $1,500 B) Additional Plan Reviews/Updates: The scope of work includes 2 draft review periods and a total of 3 drafts (Draft 1, Draft 2, Draft Final Document). Additional review periods and drafts are priced at an hourly rate. $80/hour C) In-House Translation Services: PlanIT Geo staff translate documents into Spanish only. Documents to be translated are listed in costs section, other documents provided at a rate of $50/hour. Up to $3,000: Online surveys (2): $1,000 Webpages (5): $750 Documents (10pp): $1,250 D) Contracted Translation Services: In addition to the services provided in the Community Engagement task (Task E) in the scope of work, PlanIT Geo can coordinate additional translations of documents and recorded audio into Spanish and Vietnamese with an online service or consultant. Costs provided describe the costs per translated language and total estimated cost. Estimates were provided by GMR Transcription (www.gmrtranscription.com). 1. Website content (per Word draft page):_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Additional translated documents:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3. Final UFMP translation:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~$150 ($15/page/language) ~$300 ($15/page/language) ~$1,100/language (100 pp ea) E) Additional Presentations: In addition to the presentations to the Parks Commission, City Council Committee of the Whole, and others stated in the Scope of Work, the Consulting Team can provide content for additional presentations and meetings and serve as presenter (remotely or in- person). Billed at an hourly rate. $100/hour AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 9 REPORT FORMAT ❖Stylistically the goal is to mimic the recent tree inventory report for the purpose of consistency. ❖This should include layout and color palette, page bleed and binding. ❖The report should follow a sequencing of constituent elements similar to the 2009 Urban Forest Development Plan. ❖Historical sections from that plan can largely be reproduced where appropriate as well as initial redrafts of early sections already edited by the current City Forester. ❖A Risk Tree Management protocol has already been drafted by the same for incorporation into the new plan. ❖The sequence of component parts of the report will follow the previous plan as a template as well as the outline specified in the original Request for Proposals - that tentative plan outline included: o Mission Statement and Executive Summary Pages o Purpose and Scope o Historical Situation o Current Situation: a) Community b) Resource c) Administrative o Urban Forestry Needs: a) Community [ + environmental justice, neighborhood engagement and equity plan] a) Resource [maintenance needs + a tree planting initiative and staffing (in-house forestry crew)] b) Administrative [ + a risk tree management plan (drafted for inclusion in appendix), preparedness planning (based on WA Invasive Species Council Urban Forest Pest Readiness Playbook)] o Goals & Objectives o Strategies for Accomplishing Goals & Objectives o Implementation Schedule and Budget: 10-year workplan with benchmarks o Plan Evaluation Process o Summary AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 10 EXHIBIT B. DETAILED COSTS Table 1. Detailed tasks, hours, and costs sheet for the Renton, WA UFMP project PlanIT Geo Peninsula Environmental Staff Chris Peiffer Andrew Carrier Maegan Blansett John Bornsworth Micki McNaughton Title Director of Urban Forestry Consulting Urban Forestry Consultant GIS & Natural Resources Specialist Principal, Community Forester Urban Forestry Planner Task Rate $100 $80 $80 $80 $80 Sub- Total Fees / Task Project Management and Kickoff Monthly remote meetings 8 3 2 8 4 25 $2,160 Interdepartmental kickoff meeting (remote)1 2 1 2 1 7 $580 Draft UFMP Outline 1 3 1 1 6 $500 Internal Work Plan/Plan Narrative 2 4 2 8 $680 Draft Community Outreach Strategy 2 2 4 4 8 20 $1,640 Sub-Totals 14 14 7 17 14 66 $5,560 Task A: Initial Research and Information Gathering 1) Complete the Request for Information (RFI) document 2 8 2 12 $1,000 2) Research and documentation 8 32 4 24 32 100 $8,160 3) Complete second round of RFI 2 2 1 1 6 $520 4) Complete the Existing Plans and Policies Planning Element 2 8 8 2 20 $1,640 Sub-Totals 14 50 4 35 35 138 $11,320 Task B: City Operations and Workflows 1) Develop City staff meeting/interview approach 2 2 4 8 16 $1,320 2) Conduct City staff meetings/interviews (remote)4 4 10 16 34 $2,800 3) Complete the City staff meetings/interviews summary and analysis 2 2 8 8 20 $1,640 Sub-Totals 8 8 0 22 32 70 $5,760 Task C: Existing Conditions 1) Acquire existing tree-related datasets 2 2 4 $320 2) Analyze and summarize tree-related datasets 6 24 24 6 6 66 $5,400 Sub-Totals 6 26 26 6 6 70 $5,720 Task D: Benchmarking Research 1) Apply RFI content to benchmarking worksheets 2 6 2 2 12 $1,000 2) Complete Round 1 Benchmarking Research 4 24 8 4 40 $3,280 3) Discuss and revise Round 1 Benchmarking Research 3 3 2 2 10 $860 4) Finalize Benchmarking Research 1 4 1 1 7 $580 Sub-Totals 10 37 0 13 9 69 $5,720 AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 11 PlanIT Geo Peninsula Environmental Staff Chris Peiffer Andrew Carrier Maegan Blansett John Bornsworth Micki McNaughton Title Director of Urban Forestry Consulting Urban Forestry Consultant GIS & Natural Resources Specialist Principal, Community Forester Urban Forestry Planner Task Rate $100 $80 $80 $80 $80 Sub- Total Fees / Task Task E: Community Engagement 1) Final Community Outreach Strategy 1 3 1 1 6 $500 2) UFMP project website 10 13 25 $4,000 3) Public Questionnaire #1 (online)2 4 4 16 16 42 $3,400 4) Public Questionnaire #2 (online)2 4 4 16 16 42 $3,400 5) UFMP project website feature: Public Comment Map 6 11 17 $1,500 6) Translation Services (contracted)15 15 $1,500 7) Community feedback analysis 4 2 8 2 2 18 $1,520 Sub-Totals 40 34 44 35 35 188 $15,820 Task F: Urban Forest Audit System 1) Complete Round 1 of the Urban Forest Audit System 4 24 16 8 52 $4,240 2) Discuss and revise Round 1 of the Urban Forest Audit System 4 8 4 4 20 $1,680 3) Finalize the Urban Forest Audit 2 4 1 1 8 $680 Sub-Totals 10 36 0 21 13 80 $6,600 Task G: Goals, Actions, Targets Framework 1) Develop Round 1 Goals, Actions, and Targets 12 10 4 16 10 52 $4,400 2) Discuss and revise Round 1 Goals, Actions, and Targets 4 6 4 4 18 $1,520 3) Finalize the Goals, Actions, and Targets 2 4 2 2 10 $840 Sub-Totals 18 20 4 22 16 80 $6,760 Task H: Monitoring Plan 1) Develop Round 1 Monitoring Plan 8 16 10 10 44 $3,680 2) Discuss and revise Round 1 Monitoring Plan 4 8 8 4 24 $2,000 3) Finalize the Monitoring Plan 2 4 2 2 10 $840 Sub-Totals 14 28 0 20 16 78 $6,520 Task I: Urban Forest Management Plan Development 1) Complete Draft 1 of the UFMP 30 40 30 40 140 $11,800 2) Discuss and revise Draft 1 for Draft 2 of the UFMP 8 16 8 8 40 $3,360 3) Discuss and revise Draft 2 for Draft Final Document (Draft 3)8 16 8 8 40 $3,360 4) Graphic Design 60 60 $4,800 5) Provide Draft Final Document to Parks 0 $0 AGENDA ITEM #5. h) PlanIT Geo Scope of Work for Renton, WA Urban Forest Management Plan 12 Commission (2-4 week review) Sub-Totals 46 72 60 46 56 280 $23,320 PlanIT Geo Peninsula Environmental Staff Chris Peiffer Andrew Carrier Maegan Blansett John Bornsworth Micki McNaughton Title Director of Urban Forestry Consulting Urban Forestry Consultant GIS & Natural Resources Specialist Principal, Community Forester Urban Forestry Planner Task Rate $100 $80 $80 $80 $80 Sub- Total Fees / Task Task J: Presentation 1) Present Draft Final Document to Parks Commission and City Council (remote)8 9 12 12 41 $3,440 2) Presentation slide decks for CED Long- Range planners and others 8 6 14 $1,120 Sub-Totals 8 9 0 20 18 55 $4,560 Task K: Final UFMP 1) Revise Draft Final Document for "Final Document" based on presentation feedback 4 8 4 8 24 $2,000 2) Deliver all project materials to City 4 4 $320 Sub-Totals 4 12 0 4 8 28 $2,320 Total Hours / Team Member 192 346 145 261 258 1,202 Total Fees / Team Member $19,200 $27,660 $11,600 $20,880 $20,640 $99,980 Table 2. Detailed staffing and costs for the Renton, WA UFMP project Staff Title Rate Hours Cost % Chris Peiffer Director of Urban Forestry Consulting $100 192 $19,200 19% Andrew Carrier Urban Forestry Consultant $80 346 $27,660 28% Maegan Blansett GIS & Natural Resources Specialist $80 145 $11,600 12% John Bornsworth Principal, Community Forester $80 261 $20,880 21% Micki McNaughton Urban Forestry Planner $80 258 $20,640 21% TOTAL 1,202 $98,980 100% AGENDA ITEM #5. h) AB - 2973 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: King County Wastewater Treatment Charge 2022 Rate Increase Adoption RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Ron Straka, Utility Systems Director EXT.: 7239 FISCAL IMPACT SUMMARY: The city collects the King County wastewater treatment charge from city Wastewater Utility customers, and pays King County as a pass through from the King County Metro Fund 416. The city’s wastewater rate model projects the increase to the King County wastewater treatment rate will be approximately $800,000. This increase will be collected from our customers and paid to King Coun ty. SUMMARY OF ACTION: King County Pass-through Wastewater Rate Increase Historically, King County Wastewater Treatment Division (KCWTD) set their rates every biennium. In June of 2021, KCWTD moved from biennium to annual rate adjustments to smooth rate increases and lessen the impact of large rate increases to ratepayers. The transition to annual adjustments is supported by the cities that are KCWTD customers. Effective on January 1, 2022, the KCWTD will be increasing the wastewater treatment rate by four percent from $47.37 to $49.27 as adopted by the King County Council. This is an increase of $1.90 per single-family equivalent. The King County wastewater treatment charge is collected by the city and then passed through to King County for treatment of sewage from city wastewater utility customers per our agreement for sewage disposal with King County. The proposed ordinance will increase the city’s pass-through rate to KCWTD as indicated above, effective January 1, 2022. Clarifying the KCWTD Wastewater treatment charges for all users other than single-family The proposed changes shown in the ordinance will clarify city billing practices. Currently, the ordinance indicates a minimum charge for the first 750 cubic feet (cf) and an additional charge for each 750 cf or fraction thereof. Due to limitations with the utility billing software, we currently bill a minimum charge for the first 750 cf and then a pro-rated amount for each 100 cf above the 750 cf of water usage. The proposed changes to the ordinance will place our ordinance in line with our practices. Single-family customers will not be impacted. The proposed ordinance would revise the section of city code for “Other Users” (RMC 8-5-15.2) to match how the charges appear on non-single-family customer bills to make it easier for customers to verify billed amount. Clarifying the city’s other users rate category The proposed ordinance will also clarify how our billing system calculates City of Renton wastewater rates in the “Other Users” category (RMC 15-5-A.2) by removing the “or” from the ordinance. The proposed ordinance will remove the base plus usage since the base charge plus usage doesn’t show up on the bill. Only the minimum AGENDA ITEM #5. i) charge plus the additional 100 cf of usage shows on the bill. The minimum charge on the bill already includes the base charge and 750 cf of usage. The proposed revisions will not make any change to the amount currently charged to customers and matches how we currently bill customers. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: Adopt the proposed ordinance approving the 2022 King County wastewater treatment charge pass through rate increase of four percent to match King County’s adopted rate and clarify city sewer rates. AGENDA ITEM #5. i) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8‐5‐15 OF THE RENTON MUNICIPAL CODE, CLARIFYING CITY SEWER RATES FOR 2021 AND 2022, ESTABLISHING THE KING COUNTY METRO WASTEWATER PASS THROUGH RATE FOR 2022, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 8‐5‐15 of the Renton Municipal Code is amended as follows: 8‐5‐15 SEWER CHARGES: A. Disposal Rates: The monthly rates and charges for sewage disposal service shall be as follows: 1. Single‐Family: 2021 Rate 2022 Rate Single‐Family $31.12 $31.74 2. All Other Users: The monthly rate is the base charge plus the per one hundred (100) cubic feet usage amount for each one hundred (100) cubic feet of water used per month, but not less than the Minimum Charge listed. Other Users: 2021 Rate 2022 Rate The higher of the Minimum Charge – includes 750 Cubic Feet usage charge $31.12 $31.74 Or Base Charge + $4.78 + $4.88 + AGENDA ITEM #5. i) ORDINANCE NO. _______ 2 Per 100 Cubic feet usage charge Per each additional 100 Cubic Feet usage charge over 750 Cubic Feet $3.51 /100 cf $3.58/100 cf 3. Charges For Sewer Service Without City Water: In the event that water obtained from sources other than purchased from the City is either discharged or drained into the sewer system, users shall be charged by one (1) of the two (2) following methods: a. For single‐family residences: 2021 Rate 2022 Rate Single‐Family $31.12 $31.74 b. For other than single‐family dwellings, the Public Works Administrator or designee shall install a water meter into such private water system at cost to property owners, and the method of billing shall be in compliance with Subsection A.2 of this Section. 4. (Rep. by Ord. 4898, 3‐19‐01) B. Separate Sewer Exempt Meter: Whenever the use of water is such that a portion of the water used does not flow into the City sewer system but is lost by evaporation or used in irrigation, manufacturing or any other use, and the person in control provides proof of this fact, such person may apply for the installation of a separate sewer exempt meter to measure the amount of water so used or lost AGENDA ITEM #5. i) ORDINANCE NO. _______ 3 and no charge shall be made for sewage because of water so used or lost. A sewer exempt meter application will be made in the same manner as a regular water meter installation. All sewer exempt meters shall be located at the property line or adjacent to the regular meter; provided, however, an evaporation exemption may be granted to coin‐operated and commercial laundries without the installation of a submeter. Such exemption shall be an eleven percent (11%) reduction in chargeable water consumption for commercial and industrial laundries and a three percent (3%) reduction in chargeable water consumption for coin‐operated laundries. C. Service Outside Of City: The rates to such special uses shall be one and one‐half (1‐1/2) times the basic City water rates applicable to resident users for similar services plus any monthly fees levied by King County Wastewater except that such exemptions and discounts as provided in RMC 8‐4‐32 and subsections D.4 and D.5 of this Section shall likewise apply to these rates. D. Additional Charges: In addition to the foregoing charges specified in this Section, the following rates shall be charged, in accordance with the Interlocal Agreement with King County Wastewater: 1. Single‐family dwelling units: Single‐Family Residential: 2021 Rate 2022 Rate King County Wastewater Charge $47.37 $47.3749.27 King County Rate Adjustment Charge $0.00 $0.00 2. All users other than single‐family: AGENDA ITEM #5. i) ORDINANCE NO. _______ 4 All Users Other Than Single‐Family: 2021 Rate 2022 Rate King County Wastewater Charge – Per 750 Cubic Feet or any fraction thereof Minimum Charge includes 750 Cubic Feet usage charge $47.37 $47.3749.27 King County Wastewater Charge – Minimum Charge Per each additional 100 Cubic Feet usage charge over 750 Cubic Feet $47.376.32 $47.376.57 King County Rate Adjustment Charge $0.00 $0.00 3. Any additional charges hereafter imposed by King County Wastewater under the “Industrial Cost Recovery” or “Industrial Waste Surcharge” programs required under the FWPCA (PL 92‐500), Section 204, or as same may be amended hereafter, plus fifteen percent (15%) thereof as an additional charge for the City’s cost of implementing such programs. 4. Senior and/or disabled low‐income rates: a. Senior and/or disabled low‐income citizens who qualified under RMC 8‐4‐ 31.C for low‐income rates prior to August 1, 1994, are eligible for a subsidized rate for City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: Low‐income Rates Qualified Prior to August 1, 1994 2021 Rate 2022 Rate King County Wastewater Charge Non‐subsidized $47.37 $47.3749.27 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge Subsidized $2.68 $2.73 b. Senior and/or disabled citizens who qualify under RMC 8‐4‐31.C for low‐income rates after August 1, 1994, and prior to May 31, 2008, are eligible for AGENDA ITEM #5. i) ORDINANCE NO. _______ 5 a seventy‐five percent (75%) subsidy of City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: Low‐income Rates Qualified after August 1, 1994 and prior to May 31, 2008 2021 Rate 2022 Rate King County Wastewater Charge Non‐subsidized $47.37 $47.3749.27 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 75% subsidy $7.78 $7.93 c. All other senior and/or disabled citizens qualifying under RMC 8‐4‐ 31.C for low‐income rates after May 31, 2008, are eligible for a fifty percent (50%) subsidy for City sewer charges. and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: Low‐income Rates Qualify after May 31, 2008 2021 Rate 2022 Rate King County Wastewater Charge Non‐subsidized $47.37 $47.3749.27 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 50% Subsidy $15.57 $15.88 5. For those senior citizens sixty‐one (61) years of age or older and/or disabled citizens, when such seniors and/or disabled citizens are not otherwise eligible for special rates as low‐income seniors and/or disabled citizens, but who qualify for property tax exemption pursuant to RCW 84.36.381(5)(a) and are not residents of the City shall be exempt from the fifty percent (50%) utility surcharge AGENDA ITEM #5. i) ORDINANCE NO. _______ 6 applicable to those customers not residents of the City. To receive this exemption the applicant must provide the information required under RMC 8‐4‐31.C.3. E. Installation Of Sewage Meter: Whenever the use of the public sewer is such that infiltration and/or inflow is evident from a private sewage facility, or a building sewer, where the sewer flow is two (2) times in excess of the daily metered water, the Wastewater Utility Engineering Manager shall install a sewage meter and charge the regular monthly rates and charges for customers in that class, for all infiltration and inflow and sewage that it discharged into the public sewers. All costs and expenses incident to the installation and connection of the sewer meter shall be borne by the owner or applicant of the premises in question. F. Rate Revenue For Capital Purpose: A portion of the revenue generated from the above rates will be used for sewer utility related capital improvement projects and/or debt services for the same as indicated in the adopted budget. Also included in the above rates are applicable State and local taxes. G. Remission Of Sewer Rates: When a water meter has been turned off pursuant to the provisions of RMC 8‐4‐10, the owner or occupant may request, in writing, a remission of sewer rates. No remission of rates will be made for a period of less than one month. SECTION II. These rates become effective with billings computed on or after January 1, 2022 for the 2022 rates. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, AGENDA ITEM #5. i) ORDINANCE NO. _______ 7 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be effective on January 1, 2022. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2021. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: _____________ 2192:10/12/21 AGENDA ITEM #5. i) AB - 2987 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Agreement with ECOSS for Pollution Prevention Assistance RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Kristina Lowthian, Surface Water Utility Engineer EXT.: 7249 FISCAL IMPACT SUMMARY: This agreement in the amount of $170,000 is fully funded by the Washington State Department of Ecology Hazardous Waste and Toxics Reduction Program through Interagency Agreement (IAA) No. C2200051 for Pollution Prevention Assistance for expenses incurred from July 1, 2021 through June 30, 2023. Upon execution of the IAA, there will be sufficient funding in the Surfac e Water Utility’s operating revenue and expenditure accounts for this project. SUMMARY OF ACTION: In order to partially meet the new source control program requirements of the Western Washington Phase II Municipal Stormwater Permit and prevent pollution in Renton’s surface waters, the city is contracting with ECOSS, a Pollution Prevention Assistance (PPA) specialist, to deliver source control outreach and technical assistance for businesses. The purpose of the PPA contract is to assist businesses with reducing or eliminating dangerous waste and other pollutants at the source through best management practices that prevent spills and discharges to ground, air and water, especially to industrial wastewater and stormwater. The work performed by ECOSS under this contract will be performed in accordance with the Interagency Agreement (IAA No. C2200051) with the Department of Ecology for Pollution Prevention Assistance between the State of Washington, Department of Ecology and the City of Renton. City staff selected ECOSS through direct negotiation for this agreement in accordance with city policy 250-02. ECOSS will conduct source control site visits at businesses to provide voluntary technical assistance and education. During the visits, ECOSS will assist businesses with: • Proper management of dangerous wastes • Prevention of stormwater pollution and spill prevention • Reduction of hazardous substance use when applicable. For example, a site visit may include a site walk with checks for illicit connections and illicit discharges, checks of material and waste storage, and delivery of tools and information to reduce or eliminate pollutant sources. Additionally, ECOSS will train the Surface Water team member who will manage the source control program. Additionally, ECOSS will participate in two committees of the PPA Partnership (a statewide group of IAA participants) to develop training and outreach materials. EXHIBITS: A. Agreement STAFF RECOMMENDATION: AGENDA ITEM #5. j) Execute the agreement with ECOSS in the amount of $170,000 to provide technical assistance, educational outreach, and training for Pollution Prevention Assistance. AGENDA ITEM #5. j) AGREEMENT FOR POLLUTION PREVENTION ASSISTANCE THIS AGREEMENT, dated for reference purposes only as November 8, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and ECOSS (“Consultant”), a nonprofit organization. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Pollution Prevention Assistance through technical assistance and education outreach to small businesses to prevent polluti on of surface water as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 30, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $170,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #5. j) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or w ithout cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards AGENDA ITEM #5. j) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #5. j) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #5. j) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Part ies have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant 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 selecting the Consultant, negotiating or administeri ng this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, the Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #5. j) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consult ant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return recei pt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Kristina Lowthian, Project Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7249 E-mail Address klowthian@rentonwa.gov Fax: (425) 430-7241 CONSULTANT David Han, Project Manager 1011 SW Klickitat Way, Suite 101 Seattle, WA 98134 Phone: (206) 767-0432 dhan@ecoss.org AGENDA ITEM #5. j) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non -discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #5. j) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Kristina Lowthian. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #5. j) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full fo rce and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. j) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Debora Merle Executive Director _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #5. j) EXHIBIT A 2021-2023 Renton PPA Scope of Work Section I. Introduction This Scope of Work is for the 2021-2023 biennial Agreement between Renton and ECOSS for the Pollution Prevention Assistance (PPA) Partnership, which is overseen by the Washington State Department of Ecology (ECOLOGY), Hazardous Waste and Toxics Reduction Program. The mission of the Pollution Prevention Assistance Partnership is: “We protect Washington’s residents and environment by helping small businesses reduce toxic chemical use, safely manage dangerous waste, and keep stormwater free of pollutants.” ECOSS, through their Pollution Prevention Assistance (PPA) program, will conduct multimedia source control site visits and pollution prevention activities to businesses that are small quantity generators (SQGs) of dangerous waste. In this context an SQG is any business, non - profit, facility, school, or other organization that generates less than 220 pounds of dangerous waste per calendar month and less than 2.2 pounds of extremely hazardous waste per calendar year. The site visits, along with other pollution prevention activities conducted by ECOSS, will be designed to reduce or eliminate dangerous waste and other pollutants at the source through best management practices that prevent spills and discharges to ground, air, and water (especially to industrial wastewater and stormwater). To further facilitate the reduction or elimination of toxic chemical use at the source, ECOSS will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. This program will be known as the “Product Replacement Program” or PRP. The PPA work is expected to fall within these general proportions: Technical Assistance (TA) visits (approximately 10-15% of TA visits will involve PRP) (see Section III) 65% Unique Program Elements (see Section II) 25% Training (see Section VIII) 5% Other (admin, staff meetings, etc.) 5% ECOSS is expected to: • Interact with other partners within the PPA Partnership to provide technical assistance and training, and share resources and experiences. • Set up alerts to receive notifications when requests for information have been made on the PPA Partnership SharePoint Discussion Board. AGENDA ITEM #5. j) • Ensure at least one staff member is available to provide timely information and feedback to ECOLOGY’s PPA Coordinator and to attend mandatory meetings and trainings. Feedback on Partnership goals, direction, and projects will occasionally be requested via online surveys and email requests. • Act in a professional and ethical manner, and shall avoid any conflict of interest that might influence ECOSS’s actions or judgment. • Disclose immediately to the City and ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of ECOSS in rendering service under this Agreement. • Coordinate with the City to identify businesses of highest risk to convey polluted stormwater runoff through field evaluation and GIS maps • Disclose immediately to the City and ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of ECOSS in rendering service under this Agreement. Key staff, estimated FTE, and their roles are identified in Table 1. Please note, this is an estimate of time dedicated to this contract over the full two years of the contract; quarterly invoicing must reflect actual hours worked even if hours are higher or lower than the FTE estimate. Table 1: Key Staff Staff Name Title Estimated FTE (should not exceed 1 FTE total) Role Cari Simson Director 0.05 Project oversight David Han Project Manager 0.5 Project manager; project oversight, project lead; in-language support; technical assistance; workgroup participation, and inspections Liza Associate 0.45 In-language support; technical assistance; workgroup participation, and inspections Section II. Unique Program Elements ECOSS will conduct the unique elements for their PPA program, outlined in Table 2. Table 2: Unique Program Elements Program Element Deliverable(s) AGENDA ITEM #5. j) All-Staff Planning Committee – Four separate committees (one for each training event) made up of PPA specialists and Ecology Work with one or two other jurisdictions to plan 1 All-Staff Training Event (virtually or in- person) With other committee members determine a lead to schedule planning meetings, track tasks, and finalize the agenda. Arrange for meeting logistics (venue, food and beverage if in person) and speakers. Video Outreach Development Committee – PPA specialists will collaborate to develop videos for business sector audiences under the guidance of Ecology staff. Participate on a committee to develop short videos or other electronic messaging to communicate messages about BMPs and advertise PPA services to businesses (in other languages as appropriate). Work with the other members of the committee and Ecology to draft and finalize a work plan. This work plan should describe the roles and responsibilities of participants and outline the tasks to be completed. Participate in at least 90% of the workgroup meetings. If you are unable to attend the meeting, give RCW lead as much notice as possible, and follow up with any assignments or document review as soon as possible. Review all materials. Section III. Technical Assistance Visits ECOSS will conduct technical assistance site visits to small quantity generators of dangerous wastes, and to businesses or organizations that have the potential to pollute stormwater. Approximately 60% of the visits will be Initial Visits. If Initial Visits fall below 60%, combined Initial Visits and Follow-up Visits must account for at least 80% of the total visits. While necessary, efforts should be made to minimize Screening Visits. • An Initial Visit occurs at the actual site and results in a completed ‘checklist’ (or enough data gathered to complete data entry into the LSC databas e). It will either be the first complete visit to a site OR the first visit in two or more years. • A Screening Visit is an attempted visit to the site, but the business declined or put off the visit, OR you were interrupted during the visit and were unable to gather complete data, OR you discover that the facility does not exist anymore OR you discover that the business does not qualify for a visit under the PPA program (e.g. it is a medium or large quantity generator). • A Follow-Up Visit should occur within 90 days of the Initial Visit. Follow-up should generally be done through an on-site visit. However, a phone conversation, mail or email exchange may count as a Follow-Up Visit if it includes confirmation that the issues AGENDA ITEM #5. j) that were identified in the initial visit were resolved. Follow-up Visits must be conducted to resolve High Priority Environmental Issues (See section below). Table 3: Number of Technical Assistance Visits Number of Total Visits 300 Target for Initial Visits 175 Target for Follow-up Visits 100 Target for Screening Visits 25 Business sectors, organizations, waste streams, and/or geographical area that will provide a focus for the 2021-2023 technical assistance visits are listed in Table 4. Table 4: Technical Assistance Targets Target Rationale for selecting Automotive, Light Industrial, Dry Cleaning, Distribution Centers Focus on those business sectors with a high risk of creating stormwater pollution or having/accumulating hazardous wastes. Awareness of liability if businesses have a spill. Food Service, Grocery Stores, Mini-marts, and Retail Common sources of pollution such as cars and trucks, loading/unloading, and cleaning products will be addressed here. Awareness of liability if businesses have a spill. Property Management and Services Common sources of pollution including shared areas, dumpsters/compactors, cleaning and loading/unloading will be addressed here. Awareness of liability if businesses have a spill. The City and ECOLOGY may direct a portion of technical assistance visits toward specific priority sources or contaminants. High Priority Environmental Issues The below list is the City and ECOLOGY’s high priority environmental issues because they have the potential to directly impact human health and/or the environment. If one or more of these issues are found during a site visit, a Follow-up visit is justified but not necessarily required. The severity of the issue will help determine if a Follow-up visit is necessary. A Follow-up visit to a business for other (non-high priority) issues is at the discretion of ECOSS. When unable to resolve high priority environmental issues, the Pollution Prevention Specialist will refer the issue to ECOLOGY or other appropriate agency. Serious concerns about impact s to human health and/or the environment warrant a consultation with ECOLOGY or other regulatory agencies to determine whether or not the issue needs to be referred. • Hazardous waste being improperly designated • Hazardous waste being improperly disposed AGENDA ITEM #5. j) • Hazardous products/wastes being improperly stored • Compromised dangerous waste containers need to be repaired or replaced • Illegal plumbing connection • Illicit discharge of wastewater to storm drain • Improperly stored containerized materials • Improperly stored non-containerized materials • Leaks and spills in dangerous waste storage areas Visit Guidance The following guidance applies to technical assistance visits, unless otherwise discussed with ECOLOGY: 1. Prior to the visit: • Coordinate with other entities (e.g. Renton FOG inspector, Renton private stormwater facility inspector, Renton Regional Fire Authority inspector, King County Public Health inspector, etc.) that may be conducting business visits in the area to reduce potential “inspection fatigue.” • Check with ECOLOGY Urban Waters staff (where applicable) to ensure that the business is not currently being visited by Urban Waters staff. • Research site and issues prior to the visit using a combination of data sources such as LSC Database for previous visits or visits to similar businesses, industry resources, news articles, etc. • To the extent possible, verify the site is not a medium or large quantity generator. • Check to see if a sector specific Checklist or Tip Sheet is available on the PPA Partnership SharePoint site to help guide the visit. 2. During the visit: • Provide technical assistance on proper management of dangerous waste, prevention of stormwater pollution, spill prevention, and reduction of hazardous substance use (when applicable). Provide information about activities that may generate pollutants and the source control requirements applicable to those activities. Source control BMPs are provided in the currently adopted Pollution Prevention Manual. • Ensure, at a minimum, all items on the basic Checklist are reviewed. If while at the site, it becomes apparent the business is a medium or large quantity generator, either complete the visit and count it as a screening visit, OR formally refer the dangerous waste portion to ECOLOGY to count it as a full initial visit. This site should not be scheduled for future visits, unless it is likely their generator status has changed to qualify as an SQG. • If appropriate, encourage businesses to participate in local green business programs, such as the EnviroStars business certification program. • If a Product Replacement Program (PRP) opportunity exists for the business, discuss the opportunity, terms and conditions, and steps to qualify as outlined in Section V. • Discuss spill response preparedness and offer spill kit for developing a plan. Funds can be used to purchase spill kits to provide to businesses. Occasionally, ECOLOGY will provide spill kits through a bulk order, if funding is available. AGENDA ITEM #5. j) • If possible, photograph observed issues for before and after success stories. • Activities that may be beneficial during the visit include, but are not limited to, walking the site (interior and exterior), checking storm drains, checking for illicit connections, checking dumpster and waste storage, providing handouts, and ensuring necessary permits are in place. 3. At the end of the visit or after the visit: • Provide written follow-up to document the results of the visit. This can be done by leaving a copy of the ‘Checklist’ or other documentation with the business at the end of the visit, by using a commitment postcard (format available in Branding Documents on PPA Partnership SharePoint), by sending a follow-up letter/email, or alternatively by sending a ‘thank you’ postcard if no issues were identified. • If necessary, coordinate with other agencies (e.g. the fire marshal, code enforcement, stormwater, wastewater treatment, and/or moderate risk waste staff) to ensure that the information you are providing is consistent with the other agency’s regulations and/or best management practices. • The PPA Specialists will make referrals to ECOLOGY as needed and report results. Section IV. Partnership Branding and Outreach When unique outreach or educational materials are developed by ECOSS using PPA Partnership funds, a draft must be sent to ECOLOGY for review and approval. To the extent feasible, ECOSS must utilize the Partnership’s branding tools and templates available to produce these materials. The intent of this requirement is to facilitate a unified image and consistent messaging across the Partnership. The Partnership logo and other branding resources are available on the PPA Partnership SharePoint site. It may be appropriate to include funding acknowledgement on some outreach materials. ECOSS will consult with ECOLOGY’s PPA Partnership Coordinator to determine whether funding acknowledgement is required. Finalized materials which may be useful to other Partnership contractors should be provided for upload to the resource Document Library on the PPA Partnership SharePoint Site. ECOSS must maintain a PPA webpage which meets the minimum requirements developed by the 2020 Resource Consistency Workgroup. See PPA Partnership SharePoint Site for requirements. The incorporation of the minimum webpage requirements should be completed by June 30, 2022 unless otherwise approved by the City and ECOLOGY. Section V. Product Replacement Program (PRP) The Product Replacement Program is designed to eliminate Persistent Bioaccumulative Toxic (PBT) chemicals from use in commerce. The PRP removes and replaces PBT chemicals present in products, processes, or technologies to help prevent toxics from entering the environment. One of the best and most effective ways to prevent further environmental cont amination, protect water quality, and reduce human health risk is to eliminate these toxic chemicals at the source. The PRP assists businesses with switching to safer alternatives. AGENDA ITEM #5. j) PPA contractors are integral to the PRP. ECOSS will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. For technical assistance visits, where PRP is discussed, ECOSS will record in the LSC Database the type of product or equipment replacement opportunity the business is interested in and other required information. ECOSS will assist the City and ECOLOGY with the following programs: 1. Replacement of dry cleaning technology that uses perchloroethylene by visiting dry cleaners, discussing the program, assisting with required paperwork, and completing the final visit after new machine installation. Guidelines for this program are outlined in separate documents and posted on the PPA Partnership SharePoint. 2. Promoting awareness of the national mercury thermostat takeback program at appropriate businesses. Additional takeback and replacement programs the City and ECOLOGY are exploring for addition to the PRP include, but are not limited to: 1. PFAS-containing firefighting foam takeback program. Currently ECOLOGY is working directly with fire departments, but this program may be expanded to businesses with PFAS-containing fire suppression systems. 2. Flame retardants in foam and equipment at gymnasiums, play centers, and recreation facilities. 3. Degreasers and solvents in parts washing systems in multiple business sectors. 4. PCB-containing light ballasts in schools. 5. Additional chemicals and products may also be added to this list. The City and ECOLOGY, in collaboration with the PPA Partnership, will develop procedures and criteria, which must be met for a business to receive reimbursement for any of the above chemicals or products. PRP payments for reimbursement to the business will come directly from ECOLOGY and are not included within ECOSS’s funding compensation associated with this contract. The PRP reimbursement payment will be made through direct disbursement from ECOLOGY to the business implementing the product or equipment replacement. In o rder to facilitate these payments, ECOSS must assist ECOLOGY in maintaining records indicating how the business qualified for the PRP reimbursement per the PRP program’s eligibility criteria. Eligibility criteria will be developed by ECOLOGY and the Product Replacement Program Committee for each type of reimbursement offered. ECOSS will provide technical assistance to the business to help ensure the business qualifies for a PRP reimbursement payment from ECOLOGY by completing the following steps, unless otherwise specified in guidelines developed specific to an individual reimbursement. Specific AGENDA ITEM #5. j) requirements for individual reimbursement programs will be maintained on the PPA Partnerweb SharePoint site. 1. ECOSS conducts technical assistance visit and provides business with recommendations to reduce or eliminate a qualifying chemical or product. These recommendations must be recorded in the LSC Database. 2. ECOSS must communicate to the business that it may take up to 4 months to receive payment from ECOLOGY after purchase and that the business must respond to inquiries from ECOLOGY or the Office of Financial Management (OFM) in a timely manner to avoid delays in payment. 3. ECOSS assists business as needed with paperwork required to apply for reimbursement, including a state payee registration form. 4. Business purchases approved product or equipment and converts fully to utilization of new product or equipment in accordance with the eligibility criteria for the PRP reimbursement. 5. Business submits receipts for the product or equipment purchase and installation to ECOLOGY’s PRP Coordinator. This submittal may be facilitated through ECOSS’s representative for some PRP projects. 6. ECOSS may be requested by ECOLOGY to verify through a site visit and review of records that product or equipment has been installed per PPA Specialist or ECOLOGY recommendations, old product or equipment has been legally disposed of or decommissioned, and all other eligibility criteria have been met. Section VI. Timeline Table 5: Timeline Time Period Goal for number of Site Visits Unique Program Element activities Technical Assistance Target activities July 1, 2021 – December 31, 2021 0 Video Outreach Development Committee N/A January 1, 2022 – June 30, 2022 75 Video Outreach Development Committee Automotive, Light Industrial, Dry Cleaning, Distribution Centers July 1, 2022 – December 31, 2022 75 Video Outreach Development Committee, All-Staff Planning Committee Food Service, Grocery Stores, Mini- marts, and Retail January 1, 2023 – June 30 - 2023 150 None All business sectors AGENDA ITEM #5. j) Section VII. Local Source Control (LSC) Database Information gathered during technical assistance visits by ECOSS must include all of the elements that are listed in the most up-to-date PPA Checklist (check PPA Partnership SharePoint site for details) and be entered into ECOLOGY’s LSC database. The following guidance applies to all technical assistance visits, unless otherwise discussed with ECOLOGY: • Collect enough information to complete all of the applicable fields in ECOLOGY’s LSC database and enter it into the database within 15 work days of the visit. • If you make a referral to a regulatory agency, enter the information about the referral into the database within 15 work days of the referral. • Ensure that data entry is complete and accurate. • At a minimum all elements on the most recent version of ECOLOGY’s PPA Checklist must be checked at each business visit. Specialists must attest that they have verified all elements. • Additional sector specific checklists are available on the ECOLOGY PPA Partnership SharePoint Site. • ECOSS may substitute use of their own version(s) of the checklist(s) as long as it contains all elements on ECOLOGY’s most recent checklist (See PPA Partnership SharePoint for details), and has been reviewed and approved by ECOLOGY staff. • Refer to the LSC database instructions posted in the database interface, or contact ECOLOGY PPA staff, for assistance with database entry. • If using paper checklists or equivalent documentation, maintain originals in accordance with your local public disclosure laws. Section VIII. Training The City and ECOLOGY expects that ECOSS will provide basic training to the Pollution Prevention Assistance Specialists on topics relevant to their position. The City expects that ECOSS’s PPA Specialist will train the City’s source control staff once hired in summer 2022. ECOLOGY will provide additional training to ensure that ECOSS's staff are properly trained and supported to conduct PPA activities, and that experienced staff are exposed to new information, and have opportunities to share their expertise for the benefit of the PPA Partnership. The following types of training are provided. Table 6 below contains a tentative training schedule; ECOLOGY will communicate the final schedule to ECOSS. New PPA Specialist Mentoring and Training ECOLOGY staff and experienced PPA Specialists will provide a variety of training support to new PPA staff. ECOLOGY will provide new hires a “welcome email” within the first two weeks of work as a PPA Specialist. This email will provide instructions for accessing the PPA Partnership SharePoint, LSC Database, and guidance on resources and training. All Specialists are expected to create an “alert” for the PPA Partnership SharePoint Discussion Board to receive email a lerts at least once per week when topics are posted. 1. New PPA Specialist Training & SharePoint Resources AGENDA ITEM #5. j) New PPA specialist training is provided in the form of self-paced online modules available through ECOLOGY’s PartnerWeb SharePoint site, and web-based discussion panels. The web- based discussion panels will be planned and conducted by ECOLOGY staff and include new specialists and experienced PPA specialists who can offer suggestions and feedback to new specialists. The discussion panels are scheduled for the second Thursday of every other month from 10:30 to 12:00. On occasion these meetings will need to be rescheduled to accommodate panelists or new specialists who cannot make the originally scheduled date. ECOLOGY staff will provide as much notice as possible when these panels are rescheduled. Schedule: Discussion Panel Schedule - July 2021 thru June 2023 2021 2022 2023 August 12, 2021 February 10, 2022 February 9, 2023 October 14, 2021 April 14, 2022 April 13, 2023 December 9, 2021 June 9, 2022 June 8, 2023 August 11, 2022 October 13, 2022 December 8, 2022 Attendance Requirement: All new specialists who have not yet attended six (6) discussion panels are required to attend. Panelists are required to attend all discussion panels. 2. Field Mentoring & Training Review ECOSS will provide training to their new staff and City source control staff to ensure they can perform the work. In addition, ECOLOGY will assign two experienced PPA Specialists as mentors to provide field training and support to a new hire. If available, one mentor will be from ECOSS’s organization and the other mentor from another PPA contractor (partner) jurisdiction in as close proximity as possible. Mentors will be assigned within two weeks of notifying ECOLOGY of new staff hires. Field mentoring will involve a series of accompanied field visits designed by the mentor and ECOLOGY staff to support the needs of the new hire. When the mentor and new hire determine they are ready, an ECOLOGY staff will accompany the new hire on a few technical assistance visits, to ensure that they are providing accurate information on proper waste management, spill prevention, storm water pollution prevention, and toxics reduction opportunities. All-Staff Trainings for all PPA Specialists All-Staff Trainings will be planned and conducted by teams of PPA Specialists from two to three PPA contractors (partners). When appropriate these trainings will be held in -person to facilitate interaction and networking between PPA Specialists, ECOLOGY, and invited presenters. Depending on current situations related to the COVID -19 pandemic or other health and safety concurs, All Staff Trainings may be held virtually via an online platform. Training topics are intended to help new staff become more competent in their work, and experienced staff to AGENDA ITEM #5. j) gain greater technical depth on relevant topics. ECOLOGY staff will determine the teams, provide initial guidance, review agendas, and provide support for planning and logistics. Schedule: Typically, these trainings are held the second Wednesday in September and March or April. The trainings are usually scheduled between 8:30 a.m. and 3:30 p.m. with overnight travel allowed for jurisdictions if needed (see state travel rules). ECOLOGY must pre-approve overnight travel if it is being charged to the PPA budget. When training is held virtually online, the training will be scheduled across two half-days. If staff and resources become available, ECOLOGY will add an additional All Staff Training event. An additional training event would likely be held in June. Attendance Requirement: Unless prior approval has been given by ECOLOGY, it is mandatory for at least one PPA specialist per jurisdiction to attend the All Staff Trainings. This person is responsible for disseminating information back to the PPA specialists from that jurisdiction. Managers are welcome but not required to attend. Generally, training substitutions are not allowed for the All Staff Trainings, however, exceptions may apply. ECOLOGY staff mu st approve non-emergency absences or training substitutions at least two weeks prior to the training. Webinar Trainings ECOLOGY conducts Webinars during most of the months that do not have All Staff Trainings. These sessions are intended to expose PPA Specialists to new information or technical topics relevant to their work. Suggestions on topics and speakers are welcomed from PPA contractors (partners). ECOLOGY will also ask PPA contractors to present on case studies. Schedule: These are one and a half hour sessions, held on the second Wednesday of the month. Occasionally these sessions will need to be scheduled at alternative times to accommodate speaker availability. Up to eight Webinars will be scheduled each year. Attendance Requirement: Each PPA Specialist must attend at least six of the eight Webinars each year. Another type of training that is relevant to PPA Specialists’ work may be substituted for up to two of the Webinars. Notification of the substitution must be provided to and pre-approved by ECOLOGY at least two weeks in advance of the Webinar. Table 6: Tentative Training Schedule (subject to change) Date Type Date Type July, 2021 No training July, 2022 No training August 11, 2021 Webinar August 10, 2022 Webinar September 8-9, 2021 Webinar or All-Staff* September 14-15, 2022 Webinar or All-Staff* AGENDA ITEM #5. j) October 13-14, 2021 Webinar or All-Staff* October 12-13, 2022 Webinar or All-Staff* November 10, 2021 Webinar November 9, 2022 Webinar December 8, 2021 Webinar December 14, 2022 Webinar January 12, 2022 Webinar January 11, 2023 Webinar February 9, 2022 Webinar February 8, 2023 Webinar March 9-10, 2022 Webinar or All-Staff* March 8-9, 2023 Webinar or All-Staff* April 13-14, 2022 Webinar or All-Staff* April 12-13, 2023 Webinar or All-Staff* May 11, 2022 Webinar May 10, 2023 Webinar June 8, 2022 Webinar June 14, 2021 Webinar * When possible an in-person All Staff Training will be held in conjunction with the NW Chapter Annual Conference. Section IX. Reporting and Contract Changes ECOSS shall submit the following information to the City to report to the Department of Ecology: company name, address and phone number, Washington State Depar tment of Revenue Registration Tax number (UBI), and federal tax identification number (TIN). Quarterly Progress Reports A brief progress report shall be submitted quarterly with each invoice (see schedule in Section X, Table 7). This report should indicate the work completed during the quarter and billed on the invoice, including the type and number of visits conducted, progress on Unique Program Elements, and any other information regarding contract performance that should be brought to ECOLOGY’s attention. The Progress report must also include the number of visits where the PRP was presented and discussed. The Progress report should only include the status of the work conducted during the quarter and NOT include a roll-up of progress to-date since it services as backup documentation for the expenses included in the quarterly invoicing, see Section X. Annual Reports Annual reports are used to briefly summarize contract status to -date including: number of site visits performed, Unique Program Element activities conducted, Technical Assistance Target activities conducted, lessons learned, and budget status. Annual reports shall be provided to the City for review by July 15, 2022 and July 15, 2023 and submitted to ECOLOGY by July 31, 2022 and July 31, 2023, respectively. The report shall include two to three ‘case studies’ of a business or organization that benefitted from a PPA site visit. Photographs of the business before and after the visit, showing the beneficial changes should be provided, if at all possible. The second year annual report should capture details for the full contract period as ECOLOGY will use these reports to create a biennial report on the Partnership. ECOLOGY will make report templates available on the PPA Partnership SharePoint. ECOLOGY will request, with advanced notice, that PPA contractors provide presentations on their case studies at Webinars and All- Staff meetings. Contract Changes AGENDA ITEM #5. j) Any of the following changes shall be reported to the ECOLOGY PPA Partnership Coordinator within 10 business days: • Key personnel changes (staff or manager leaving, new hires, etc.) • Initiation of or changes to a subcontract Section X. Invoicing Invoices shall describe and document to the City’s and ECOLOGY’s satisfaction a description of the work performed, the progress of the work, and related costs. Each invoice shall bill for actual hours worked during the quarter. The actual hours billed may be higher (as long as the total budget compensation award is not exceeded) or lower than the FTE estimate in Table 1. Attach supporting documentation to the invoice. In addition, the following information must be provided: • Documentation per Section V, Product Replacement Program (PRP). • Information to complete an Invoice Voucher (form A19-1A). Quarterly invoicing will follow the schedule in Table 7. Table 7: Invoicing Schedule Quarter Months Due Date 1 July, August, September 2021 October 15, 2021 2 October, November, December 2021 January 15, 2022 3 January, February, March 2022 April 15, 2022 4 April, May, June 2022 July 10, 2022 (earlier due date to meet end of fiscal year requirements) 5 July, August, September 2022 October 15, 2022 6 October, November, December 2022 January 15, 2023 7 January, February, March 2023 April 15, 2023 8 April, May, June 2023 July 10, 2023 (earlier due date to meet end of fiscal year requirements) Section XII. Resources The following are resources to materials referenced in this contract. Links to and the resources listed are subject to change. AGENDA ITEM #5. j) • PPA Partnership SharePoint: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/SitePages/Home.aspx • LSC Database: http://ecyaphwtr/lsc/Home.aspx • Invoice Voucher A19-1A: https://des.wa.gov/sites/default/files/public/documents/HRPayroll/SACS/A-19- 1AForm.doc?=5c82f • Partnership Report Templates: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/Templates/Forms/AllItems.aspx • Checklists & Tip Sheets: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/Checklist %20%20Tip%20Sheets/Forms/AllItems.aspx • New Specialist Training modules: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/New%20 Specialist%20Training/Forms/AllItems.aspx • Travel Per Diem Rates: https://www.ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf Project Schedule Activity Timeline Agreement signed October 2021 Evaluate sites, targeted drainage basins October 2021 – May 2023 Conduct outreach, recruit business participation December 2021 – May 2023 Conduct 300 PPA Technical Assistance Visits January 2022 – May 2023 Provide spill response training and applicable materials January 2022 – May 2023 Track data in Ecology database January 2022 – June 2023 Provide onsite technical assistance, follow up January 2022 – June 2023 Monthly Check-In October 2021 – June 2023 Quarterly Check-In December 2021 – June 2023 Monthly invoices, reporting November 2021 – June 2023 SPECIAL TERMS AND CONDITIONS 1) Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion a) ECOSS, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If ECOSS is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. AGENDA ITEM #5. j) b) ECOSS shall provide immediate written notice to the City and ECOLOGY if at any time ECOSS learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. c) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. d) ECOSS agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. e) ECOSS further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and i n all solicitations for lower tier covered transactions. f) Pursuant to 2CFR180.330, ECOSS is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. g) ECOSS acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. h) ECOSS agrees to keep proof in its agreement file, that it, and all lower tier contractors or subcontractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. ECOSS must run a search in http://www.sam.gov and print a copy of completed searches to document proof of compliance. AGENDA ITEM #5. j) EXHIBIT B Estimated Budget Cari Simson David Han Liza Total Total Programs Director Program Manager Associate Labor Hours/Cost Cost Task 1 Project Management, Meetings, Trainings, Reporting - Administration Administration Hours 4 50 10 64 Administration Cost $503.20 $4,626.00 $832.00 $5,961.20 $5,961.20 Task 2 Business Technical Assistance Technical Assistance Visit Hours 0 640 640 1280 Technical Assistance Visit Cost $0.00 $59,212.80 $53,248.00 $112,460.80 $112,460.80 Task 3 Unique Program Element - Video Development In-Language Video Development Hours 0 248 248 496 In-Language Video Development Cost $0.00 $22,944.96 $20,633.60 $43,578.56 $43,578.56 Task 4 Direct Costs Spill Kits, Mileage, Materials, etc. Cost $7,999.44 Total Hours 4 938 898 1840 Annualized Billing Rate $125.80 $92.52 $83.20 Total Labor Costs $503.20 $86,783.76 $74,713.60 $162,000.56 $170,000.00 Total ECOSS Budget $170,000.00 AGENDA ITEM #5. j) AB - 2988 City Council Regular Meeting - 08 Nov 2021 SUBJECT/TITLE: Project Acceptance: CAG-21-038 with Diversified Holding NW, LLC for the Heather Downs Detention Pond Water Quality Retrofit Project (SWP-27-3989) RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 FISCAL IMPACT SUMMARY: The original contract amount was $208,983.36, and the final project cost was $172,421.19. The project construction cost for Schedule A ($129,686.81) was partially funded ($70,000) by the King County Waterworks Grant Program and partially funded ($230,250) by the State Department of Ecology. The project construction cost for Schedule B ($42,734.38) was funded through the approved 2021 Surface Water Utility Capital Improvement Program project budget (427.475511). SUMMARY OF ACTION: There were two work schedules for this project. Schedule A consisted of retrofitting the existing detention pond into a water quality treatment facility by increasing the storage capacity. Schedule B included storm system upgrades along Union Ave SE in the vicinity of the project area. Approximately 530 cubic yards of native material was excavated from the pond. The project also installed: • 130 cubic yards of till liner • 115 linear feet of new 12-inch storm system pipe • 50 linear feet of 18-inch storm system pipe • 22 linear feet of 24-inch storm system pipe • 7 total catch basin structures Due to a decrease in estimated unit bid item quantities, the final construction cost was less than the awarded original contract amount. The contractor completed all of the improvements to the satisfaction of the city. The contractor will not receive clearance from the state Department of Revenue, Labor and Industries, and the Employment Security Department until after the city submits the project acceptance. The retainage bond will not be released until clearance from these three state agencies is received. EXHIBITS: A. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the Heather Downs Detention Pond Water Quality Retrofit Project with Diversified Holdings NW, LLC and authorize release of the retainage bond after 60 days once all the required releases from the state have been obtained. AGENDA ITEM #5. k) Revised # Assigned to: UBI Number: Yes No Yes Telephone # Bond Number: If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Date Work Commenced Date Work Completed Contractor Address Date Contract Awarded Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Department Use Only Original NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Date Assigned: Job Order Contracting Federally funded transportation project? Contractor's Name Description of Work Done/Include Jobsite Address(es) Affidavit ID* No (if yes, provide Contract Bond Statement below) Name & Mailing Address of Public Agency E-mail Address Contract Number Notice is hereby given relative to the completion of contract or project described below Date:Contractor's UBI Number: Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. Yes No $ $$ $$ $$ % $ $$ Contact Name:Title: Affidavit ID* - No L&I release will be granted until all affidavits are listed. Amount Disbursed p Sales Tax Rate Contract Amount NOTE: These two totals must be equal TOTAL Comments: Sales Tax Amount Reductions ( - ) Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. TOTAL Liquidated Damages Email Address: Phone Number: p Sub-Total Additions ( + ) Amount Retained (If various rates apply, please send a breakdown) Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov F215-038-000 10-2014REV 31 0020e (10/26/15) p@g AGENDA ITEM #5. k) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #5. k) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY REGARDING POLLUTION PREVENTION ASSISTANCE ENTITLED IAA NO. C2200051 INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF RENTON. WHEREAS, the City and the State of Washington, Department of Ecology are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the City and the Department of Ecology desire to provide outreach and technical assistance to help businesses and organizations reduce pollution; and WHEREAS, the City was awarded $175,000 from the Department of Ecology, Hazardous Waste and Toxics Reduction Program for the State Fiscal Year 2021‐2023 Biennium to participate in the Pollution Prevention Assistance Partnership; and WHEREAS, the City will hire a consultant to provide technical assistance and educational outreach to approximately three hundred small businesses and organizations in an effort to prevent pollution of Renton’s surface waters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the State of Washington, Department of Ecology regarding pollution prevention assistance entitled IAA No. C2200051 Interagency Agreement between the State of Washington, AGENDA ITEM # 7. a) RESOLUTION NO. _______ 2 Department of Ecology and City of Renton, attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2021. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1893:10/19/21 AGENDA ITEM # 7. a) RESOLUTION NO. _______ 3 EXHIBIT “A” INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF RENTON AGENDA ITEM # 7. a) 1 Version 5/20/2020 IAA No. C2200051 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF RENTON THIS INTERAGENCY AGREEMENT (“Agreement” or “IAA”) is made and entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and the City of Renton, hereinafter referred to as the “CONTRACTOR,” pursuant to the authority granted by Chapter 39.34 RCW. THE PURPOSE OF THIS AGREEMENT is for the CONTRACTOR to provide Pollution Prevention Assistance (PPA) Specialists who will provide technical assistance and education outreach to small businesses in an effort to prevent pollution of waters of the state as part of the Pollution Prevention Assistance Partnership (formerly known as the Local Source Control (LSC) Partnership). WHEREAS, ECOLOGY has legal authority (RCW 70A.214 and RCW 70A.300) and the CONTRACTOR has legal authority (RCW 70A.214, RCW 70A.300, Renton Municipal Code 4-6- 030) that allows each party to undertake the actions in this agreement. THEREFORE, IT IS MUTUALLY AGREED THAT: 1) SCOPE OF WORK The CONTRACTOR shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Appendix A, Statement of Work, and Appendix B, Budget Detail, attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE The period of performance of this IAA will commence on July 1, 2021, and be completed by June 30, 2023, unless the Agreement is terminated sooner as provided herein. Amendments extending the period of performance, if any, shall be at the sole discretion of ECOLOGY. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 2 Version 5/20/2020 3) COMPENSATION Compensation for the work provided in accordance with this IAA has been established under the terms of RCW 39.34.130 and RCW 39.26.180(3). This is a performance-based agreement, under which payment is based on the successful completion of expected deliverables and compliance with all terms and conditions. Compensation for this agreement will be released in two 1-year phases. Phase One is limited to 50 percent of the project budget and Phase Two can be up to the remaining percentage of the project budget. On or before August 15, 2022, ECOLOGY will evaluate available funding and the CONTRACTOR’s performance and progress towards meeting contract deliverables and spending. To release the second year funding the CONTRACTOR, by June 30, 2022, must: 1. Complete a minimum of 40% of the total site visit deliverables, and 2. Utilize 40% of the total compensation award. If performance obligations have been met and funding is available per ECOLOGY’s determination, the full year 2 budget award will be considered available. Should the CONTRACTOR fail to make satisfactory progress or funding is limited, ECOLOGY will determine the appropriate additional funding to release for year 2 of the contract. ECOLOGY will consider various factors in determining year 2 funding including, but not limited to, available funding, performance to date, staff vacancies, time and costs spent on unique program elements, and potential circumstances beyond the CONTRACTOR’s control. The source of funds for this IAA is Model Toxics Control Operating Account (23P), Model Toxics Control Capital Account (23N). Both parties agree to comply with all applicable rules and regulations associated with these funds. The parties have determined that the cost of accomplishing the work identified herein will not exceed one hundred seventy-five thousand dollars and zero cents ($175,000.00), including any indirect charges. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree via an amendment to a higher amount. Compensation for services shall be based on the terms and tasks set forth in Appendix A, Statement of Work. ECOLOGY will not make payment until it has reviewed and accepted the work. Travel expenses (meals, lodging, and mileage) will be reimbursed according to current state rates at the time of travel, not to exceed the budget (see Appendix B, Budget Detail). Purchase of source control tools or equipment (e.g. spill kits, plastic drum covers) and promotional items for distribution to businesses under this contract must be listed in Goods and Services budget or Equipment budget in Appendix B. Any purchases of equipment or goods and services over $1,000.00 not specifically listed in Appendix B must be pre-approved by ECOLOGY. When the agreement expires, or when the equipment is no longer needed for the originally authorized purpose (whichever comes first) the disposition of equipment shall be at ECOLOGY’s sole discretion. Indirect rates will be paid as indicated in Appendix B, Budget Detail. Changes to the indirect rate may be considered by ECOLOGY. CONTRACTOR shall provide supporting documentation necessitating the change to ECOLOGY. ECOLOGY’s approval will be communicated by e-mail. An increase in indirect rate does not increase the total contract award. Changes are handled by adjusting the budget between categories listed in Appendix B. Changes to the total budget cost of the contract shall require an amendment. The budget referenced in Appendix B may be adjusted between categories (with the exception of the voucher program budget category), with ECOLOGY’s preapproval, and as long as the total budget is not exceeded. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 3 Version 5/20/2020 ECOLOGY may, at its sole discretion, withhold payments claimed by the CONTRACTOR for services rendered, if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Agreement. 4) BILLING AND PAYMENT PROCEDURE Payment requests shall be submitted on state form, Invoice Voucher A19-1A. Invoice voucher shall reference the Agreement (IAA) number and clearly identify those items that relate to performance under this Agreement. Invoices shall describe and document to ECOLOGY’s satisfaction a description of the work performed, the progress of the work, and related costs. Each invoice shall bill for actual hours worked during the quarter. The actual hours billed may be higher (as long as the total budget compensation award is not exceeded) or lower than the FTE estimate in Appendix A, Statement of Work. Attach supporting documentation to the invoice. See Appendix A, sections IV, V, and X for additional information (and section XI, Voucher Program if applicable). Send invoices to: State of Washington Department of Ecology Hazardous Waste & Toxics Reduction Program Attn: Elaine Snouwaert 4601 N. Monroe Street Spokane, WA 99205 Or Electronically submit invoices to Elaine Snouwaert at Elaine.Snouwaert@ecy.wa.gov Payment requests will be submitted on a quarterly basis. Invoices must be submitted by the dates outlined in Appendix A, section X. Upon expiration of this Agreement, any claim for payment not already made shall be submitted to ECOLOGY within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Payment will be made within thirty (30) days of submission of a properly completed invoice (form A19- 1A) with supportive documentation. All expenses invoiced shall be supported with copies of invoices paid. Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment, CONTRACTOR must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide- vendorpayee-services. For questions about the vendor registration process, contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. 5) ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6) ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 4 Version 5/20/2020 7) ASSURANCES Parties to this Agreement agree that all activity pursuant to this agreement will be in accordance with all the applicable current federal, state, and local laws, rules, and regulations. 8) CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9) DISPUTES Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties, it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. The parties may mutually agree to a different dispute resolution process. 10) FUNDING AVAILABILITY ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. 11) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be the Superior Court for Thurston County. 12) INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 5 Version 5/20/2020 13) ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed upon written amendments to this Agreement. c. This Agreement, number C2200051. d. Appendix A, Statement of Work. e. Appendix B, Budget Detail. f. Appendix C, Special Terms and Conditions. g. Any other provisions or term of this Agreement, including materials incorporated by reference or otherwise incorporated. 14) RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These materials shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other materials relevant to this Agreement must be retained for six years after expiration of this Agreement. The Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections for all materials related to this Agreement. All materials are subject to state public disclosure laws. 15) RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. 16) RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "work made for hire" as defined by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by state of Washington, ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, and register these items, and the ability to transfer these rights. 17) SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 18) SUBCONTRACTORS CONTRACTOR agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement for the performance. When federal funding is involved there will be additional contractor and subcontractor requirements and reporting. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 6 Version 5/20/2020 Prior to performance, all subcontractors who will be performing services under this Agreement must be identified, including their name, the nature of services to be performed, address, telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of each subcontract. Provide such information to ECOLOGY’s Agreement manager. 19) SUSPENSION FOR CONVENIENCE ECOLOGY may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the CONTRACTOR a minimum of seven (7) calendar days before the suspension date. CONTRACTOR shall resume performance on the first business day following the suspension period unless another day is specified in writing by ECOLOGY prior to the expiration of the suspension period. 20) TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 21) TERMINATION FOR CONVENIENCE Either party may terminate this Agreement without cause upon thirty (30) calendar day prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 22) WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a written amendment to this Agreement signed by an authorized representative of the parties. 23) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications, notifications, and billings questions regarding the performance of this Agreement. The parties agree that if there is a change in representatives, they will promptly notify the other party in writing of such change, such changes do not need an amendment. The ECOLOGY Representative is: The CONTRACTOR Representative is: Name: Elaine Snouwaert Address: 4601 N. Monroe Street Spokane, WA 99205 Phone: (509) 329-3503 office (509) 385-5169 cell Email: Elaine.Snouwaert@ecy.wa.gov Name: Kristina Lowthian Address: 1055 S Grady Way Renton, WA 98057 Phone: (425) 430-7249 Email: klowthian@rentonwa.gov Fax: (425) 430-7241 AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 7 Version 5/20/2020 24) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties below, having read this Agreement in its entirety, including all attachments, do agree in each and every particular as indicated by their signatures below. State of Washington Department of Ecology By: City of Renton By: Signature Date Signature Date Darin Rice Armondo Pavone Hazardous Waste and Toxics Reduction Program Manager Mayor AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 8 Version 5/20/2020 APPENDIX A STATEMENT OF WORK City of Renton Section I. Introduction This Statement of Work is for the 2021-2023 biennial Interagency Agreement (IAA) for the Pollution Prevention Assistance (PPA) Partnership, which is overseen by the Washington State Department of Ecology (ECOLOGY), Hazardous Waste and Toxics Reduction Program. The mission of the Pollution Prevention Assistance Partnership is: “We protect Washington’s residents and environment by helping small businesses reduce toxic chemical use, safely manage dangerous waste, and keep stormwater free of pollutants.” The CONTRACTOR, through their Pollution Prevention Assistance (PPA) program, will conduct multimedia source control site visits and pollution prevention activities to businesses that are small quantity generators (SQGs) of dangerous waste. In this context an SQG is any business, non-profit, facility, school, or other organization that generates less than 220 pounds of dangerous waste per calendar month and less than 2.2 pounds of extremely hazardous waste per calendar year. The site visits, along with other pollution prevention activities conducted by the CONTRACTOR, will be designed to reduce or eliminate dangerous waste and other pollutants at the source through best management practices that prevent spills and discharges to ground, air, and water (especially to industrial wastewater and stormwater). To further facilitate the reduction or elimination of toxic chemical use at the source, the CONTRACTOR will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. This program will be known as the “Product Replacement Program” or PRP. The PPA work is expected to fall within these general proportions: Technical Assistance (TA) visits (approximately 10-15% of TA visits will involve PRP) (see Section III) 65% Unique Program Elements (see Section II) 25% Training (see Section VIII) 5% Other (admin, staff meetings, etc.) 5% AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 9 Version 5/20/2020 The CONTRACTOR is expected to: • Interact with other partners within the PPA Partnership to provide technical assistance and training, and share resources and experiences. • Set up alerts to receive notifications when requests for information have been made on the PPA Partnership SharePoint Discussion Board. • Ensure at least one staff member is available to provide timely information and feedback to ECOLOGY’s PPA Coordinator and to attend mandatory meetings and trainings. Feedback on Partnership goals, direction, and projects will occasionally be requested via online surveys and email requests. • Act in a professional and ethical manner, and shall avoid any conflict of interest that might influence the CONTRACTOR’s actions or judgment. • Disclose immediately to ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of the CONTRACTOR in rendering service under this Agreement. Key staff, estimated FTE, and their roles are identified in Table 1. Please note, this is an estimate of time dedicated to this contract over the full two years of the contract; quarterly invoicing must reflect actual hours worked even if hours are higher or lower than the FTE estimate. Table 1: Key Staff Staff Name Estimated FTE Role Kristina Lowthian 0.05 Contract Management ECOSS 1 PPA Specialist Kristina Lowthian 0.0 Billing ECOSS 0.0 (included above) Outreach/Support & Train Staff when hired. Section II. Unique Program Elements The CONTRACTOR will conduct the unique elements for their PPA program, outlined in Table 2. Table 2: Unique Program Elements Program Element Deliverable(s) All-Staff Planning Committee - Four separate committees (one for each training event) made up of PPA specialists and Ecology. Work with one or two other jurisdictions to plan 1 All-Staff Training Event (virtually or in-person) With other committee members determine a lead to schedule planning meetings, track tasks, and finalize the agenda. Arrange for meeting logistics (venue, food and beverage if in person) and speakers. Video Outreach Development Committee – PPA specialists will collaborate to develop videos for Participate on a committee to develop short videos or other electronic messaging to communicate messages about BMPs and advertise PPA services to businesses (in other languages as appropriate). AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 10 Version 5/20/2020 business sector audiences under the guidance of Ecology staff. Work with the other members of the committee and Ecology to draft and finalize a work plan. This work plan should describe the roles and responsibilities of participants and outline the tasks to be completed. Participate in at least 90% of the workgroup meetings. If you are unable to attend the meeting, give the RCW lead as much notice as possible, and follow up with any assignments or document review as soon as possible. Review all materials. Section III. Technical Assistance Visits The CONTRACTOR will conduct technical assistance site visits to small quantity generators of dangerous wastes, and to businesses or organizations that have the potential to pollute stormwater. Approximately 60% of the visits will be Initial Visits. If Initial Visits fall below 60%, combined Initial Visits and Follow-up Visits must account for at least 80% of the total visits. While necessary, efforts should be made to minimize Screening Visits. • An Initial Visit occurs at the actual site and results in a completed ‘checklist’ (or enough data gathered to complete data entry into the LSC database). It will either be the first complete visit to a site OR the first visit in two or more years. • A Screening Visit is an attempted visit to the site, but the business declined or put off the visit, OR you were interrupted during the visit and were unable to gather complete data, OR you discover that the facility does not exist anymore OR you discover that the business does not qualify for a visit under the PPA program (e.g. it is a medium or large quantity generator). • A Follow-Up Visit should occur within 90 days of the Initial Visit. Follow-up should generally be done through an on-site visit. However, a phone conversation, mail or email exchange may count as a Follow-Up Visit if it includes confirmation that the issues that were identified in the initial visit were resolved. Follow-up Visits must be conducted to resolve High Priority Environmental Issues (See section below). Table 3: Number of Technical Assistance Visits Number of Total Visits 300 Target for Initial Visits 175 Target for Follow-up Visits 100 Business sectors, organizations, waste streams, and/or geographical area that will provide a focus for the 2021-2023 technical assistance visits are listed in Table 4. Table 4: Technical Assistance Targets Target Rationale for selecting Automotive, Light Industrial, Dry Cleaning, Distribution Centers Focus on those business sectors with a high risk of creating stormwater pollution or having/accumulating hazardous wastes. Awareness of liability if businesses have a spill. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 11 Version 5/20/2020 Food Service, Grocery Stores, Mini-marts, and Retail Common sources of pollution such cars and trucks, loading/unloading, and cleaning products will be addressed here. Awareness of liability if businesses have a spill. Property Management and Services Common sources of pollution including shared areas, dumpsters/compactors, cleaning, and loading/unloading will be addressed here. Awareness of liability if businesses have a spill. ECOLOGY may direct a portion of technical assistance visits toward specific priority sources or contaminants. High Priority Environmental Issues The below list is ECOLOGY’s high priority environmental issues because they have the potential to directly impact human health and/or the environment. If one or more of these issues are found during a site visit, a Follow-up visit is justified but not necessarily required. The severity of the issue will help determine if a Follow-up visit is necessary. A Follow-up visit to a business for other (non-high priority) issues is at the discretion of the CONTRACTOR. When unable to resolve high priority environmental issues, the Pollution Prevention Specialist will refer the issue to ECOLOGY or other appropriate agency. Serious concerns about impacts to human health and/or the environment warrant a consultation with ECOLOGY or other regulatory agencies to determine whether or not the issue needs to be referred. • Hazardous waste being improperly designated • Hazardous waste being improperly disposed • Hazardous products/wastes being improperly stored • Compromised dangerous waste containers need to be repaired or replaced • Illegal plumbing connection • Illicit discharge of wastewater to storm drain • Improperly stored containerized materials • Improperly stored non-containerized materials • Leaks and spills in dangerous waste storage areas Visit Guidance The following guidance applies to technical assistance visits, unless otherwise discussed with ECOLOGY: 1. Prior to the visit: • Coordinate with other entities that may be conducting business visits in the area to reduce potential “inspection fatigue.” • Check with ECOLOGY Urban Waters staff (where applicable) to ensure that the business is not currently being visited by Urban Waters staff. • Research site and issues prior to the visit using a combination of data sources such as LSC Database for previous visits or visits to similar businesses, industry resources, news articles, etc. • To the extent possible, verify the site is not a medium or large quantity generator. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 12 Version 5/20/2020 • Check to see if a sector specific Checklist or Tip Sheet is available on the PPA Partnership SharePoint site to help guide the visit. 2. During the visit: • Provide technical assistance on proper management of dangerous waste, prevention of stormwater pollution, spill prevention, and reduction of hazardous substance use (when applicable). • Ensure, at a minimum, all items on the basic Checklist are reviewed. If while at the site, it becomes apparent the business is a medium or large quantity generator, either complete the visit and count it as a screening visit, OR formally refer the dangerous waste portion to ECOLOGY to count it as a full initial visit. This site should not be scheduled for future visits, unless it is likely their generator status has changed to qualify as an SQG. • If appropriate, encourage businesses to participate in local green business programs, such as the EnviroStars business certification program. • If a Product Replacement Program (PRP) opportunity exists for the business, discuss the opportunity, terms and conditions, and steps to qualify as outlined in Section V. • Discuss spill response preparedness and offer spill kit for developing a plan. Funds can be used to purchase spill kits to provide to businesses. Occasionally ECOLOGY will provide spill kits through a bulk order, if funding is available. • If possible, photograph observed issues for before and after success stories. • Activities that may be beneficial during the visit include, but are not limited to, walking the site (interior and exterior), checking storm drains, checking for illicit connections, checking dumpster and waste storage, providing handouts, and ensuring necessary permits are in place. 3. At the end of the visit or after the visit: • Provide written follow-up to document the results of the visit. This can be done by leaving a copy of the ‘Checklist’ or other documentation with the business at the end of the visit, by using a commitment postcard (format available in Branding Documents on PPA Partnership SharePoint), by sending a follow-up letter/email, or alternatively by sending a ‘thank you’ postcard if no issues were identified. • If necessary, coordinate with other agencies (e.g. the fire marshal, code enforcement, stormwater, wastewater treatment, and/or moderate risk waste staff) to ensure that the information you are providing is consistent with the other agency’s regulations and/or best management practices. • The PPA Specialists will make referrals to ECOLOGY as needed and report results. Section IV. Partnership Branding and Outreach When unique outreach or educational materials are developed by the CONTRACTOR using PPA Partnership funds, a draft must be sent to ECOLOGY for review and approval. To the extent feasible, the CONTRACTOR must utilize the Partnership’s branding tools and templates available to produce these materials. The intent of this requirement is to facilitate a unified image and consistent messaging across the Partnership. The Partnership logo and other branding resources are available on the PPA Partnership SharePoint site. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 13 Version 5/20/2020 It may be appropriate to include funding acknowledgement on some outreach materials. The CONTRACTOR will consult with ECOLOGY’s PPA Partnership Coordinator to determine whether funding acknowledgement is required. Finalized materials which may be useful to other Partnership contractors should be provided for upload to the resource Document Library on the PPA Partnership SharePoint Site. Each CONTRACTOR must maintain a PPA webpage which meets the minimum requirements developed by the 2020 Resource Consistency Workgroup. See PPA Partnership SharePoint Site for requirements. The incorporation of the minimum webpage requirements should be completed by June 30, 2022 unless otherwise approved by ECOLOGY. Section V. Product Replacement Program (PRP) The Product Replacement Program is designed to eliminate Persistent Bioaccumulative Toxic (PBT) chemicals from use in commerce. The PRP removes and replaces PBT chemicals present in products, processes, or technologies to help prevent toxics from entering the environment. One of the best and most effective ways to prevent further environmental contamination, protect water quality, and reduce human health risk is to eliminate these toxic chemicals at the source. The PRP assists businesses with switching to safer alternatives. PPA contractors are integral to the PRP. The CONTRACTOR will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. For technical assistance visits, where PRP is discussed, CONTRACTOR will record in the LSC Database the type of product or equipment replacement opportunity the business is interested in and other required information. The CONTRACTOR will assist ECOLOGY with the following programs: 1. Replacement of dry cleaning technology that uses perchloroethylene by visiting dry cleaners, discussing the program, assisting with required paperwork, and completing the final visit after new machine installation. Guidelines for this program are outlined in separate documents and posted on the PPA Partnership SharePoint. 2. Promoting awareness of the national mercury thermostat takeback program at appropriate businesses. Additional takeback and replacement programs ECOLOGY is exploring for addition to the PRP include, but are not limited to: 1. PFAS-containing firefighting foam takeback program. Currently ECOLOGY is working directly with fire departments, but this program may be expanded to businesses with PFAS-containing fire suppression systems. 2. Flame retardants in foam and equipment at gymnasiums, play centers, and recreation facilities. 3. Degreasers and solvents in parts washing systems in multiple business sectors. 4. PCB-containing light ballasts in schools. 5. Additional chemicals and products may also be added to this list. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 14 Version 5/20/2020 ECOLOGY, in collaboration with the PPA Partnership, will develop procedures and criteria, which must be met for a business to receive reimbursement for any of the above chemicals or products. PRP payments for reimbursement to the business will come directly from ECOLOGY and are not included within the CONTRACTOR’s funding compensation associated with this contract. The PRP reimbursement payment will be made through direct disbursement from ECOLOGY to the business implementing the product or equipment replacement. In order to facilitate these payments, the CONTRACTOR must assist ECOLOGY in maintaining records indicating how the business qualified for the PRP reimbursement per the PRP program’s eligibility criteria. Eligibility criteria will be developed by ECOLOGY and the Product Replacement Program Committee for each type of reimbursement offered. The CONTRACTOR will provide technical assistance to the business to help ensure the business qualifies for a PRP reimbursement payment from ECOLOGY by completing the following steps, unless otherwise specified in guidelines developed specific to an individual reimbursement. Specific requirements for individual reimbursement programs will be maintained on the PPA Partnerweb SharePoint site. 1. CONTRACTOR conducts technical assistance visit and provides business with recommendations to reduce or eliminate a qualifying chemical or product. These recommendations must be recorded in the LSC Database. 2. CONTRACTOR must communicate to the business that it may take up to 4 months to receive payment from ECOLOGY after purchase and that the business must respond to inquiries from ECOLOGY or the Office of Financial Management (OFM) in a timely manner to avoid delays in payment. 3. CONTRACTOR assists business as needed with paperwork required to apply for reimbursement, including a state payee registration form. 4. Business purchases approved product or equipment and converts fully to utilization of new product or equipment in accordance with the eligibility criteria for the PRP reimbursement. 5. Business submits receipts for the product or equipment purchase and installation to ECOLOGY’s PRP Coordinator. This submittal may be facilitated through the CONTRACTOR’s representative for some PRP projects. 6. CONTRACTOR may be requested by ECOLOGY to verify through a site visit and review of records that product or equipment has been installed per PPA Specialist or ECOLOGY recommendations, old product or equipment has been legally disposed of or decommissioned, and all other eligibility criteria have been met. For information about an optional voucher program that the CONTRACTOR can provide directly to a business, see Section XI. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 15 Version 5/20/2020 Section VI. Timeline Table 5: Timeline Time Period Goal for number of Site Visits Unique Program Element activities Technical Assistance Target activities July 1, 2021 – December 31, 2021 0 • Video Outreach Development Committee N/A January 1, 2022 – June 30, 2022 75 • Video Outreach Development Committee Automotive, Light Industrial, Dry Cleaning, Distribution Centers July 1, 2022 – December 31, 2022 75 • Video Outreach Development Committee • All-Staff Planning Committee Food Service, Grocery Stores, Mini-marts, and Retail January 1, 2023 – June 30, 2023 150 • None All business sectors Section VII. Local Source Control (LSC) Database Information gathered during technical assistance visits by the CONTRACTOR must include all of the elements that are listed in the most up-to-date PPA Checklist (check PPA Partnership SharePoint site for details) and be entered into ECOLOGY’s LSC database. The following guidance applies to all technical assistance visits, unless otherwise discussed with ECOLOGY: • Collect enough information to complete all of the applicable fields in ECOLOGY’s LSC database and enter it into the database within 15 work days of the visit. • If you make a referral to a regulatory agency, enter the information about the referral into the database within 15 work days of the referral. • Ensure that data entry is complete and accurate. • At a minimum all elements on the most recent version of ECOLOGY’s PPA Checklist must be checked at each business visit. Specialists must attest that they have verified all elements. o Additional sector specific checklists are available on the ECOLOGY PPA Partnership SharePoint Site. o CONTRACTOR may substitute use of their own version(s) of the checklist(s) as long as it contains all elements on ECOLOGY’s most recent checklist (See PPA Partnership SharePoint for details), and has been reviewed and approved by ECOLOGY staff. • Refer to the LSC database instructions posted in the database interface, or contact ECOLOGY PPA staff, for assistance with database entry. • If using paper checklists or equivalent documentation, maintain originals in accordance with your local public disclosure laws. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 16 Version 5/20/2020 Section VIII. Training ECOLOGY expects that the CONTRACTOR will provide basic training to the Pollution Prevention Assistance Specialists on topics relevant to their position. ECOLOGY will provide additional training to ensure that CONTRACTOR's staff are properly trained and supported to conduct PPA activities, and that experienced staff are exposed to new information, and have opportunities to share their expertise for the benefit of the PPA Partnership. The following types of training are provided. Table 6 below contains a tentative training schedule; ECOLOGY will communicate the final schedule to the CONTRACTOR. New PPA Specialist Mentoring and Training ECOLOGY staff and experienced PPA Specialists will provide a variety of training support to new PPA staff. ECOLOGY will provide new hires a “welcome email” within the first two weeks of work as a PPA Specialist. This email will provide instructions for accessing the PPA Partnership SharePoint, LSC Database, and guidance on resources and training. All Specialists are expected to create an “alert” for the PPA Partnership SharePoint Discussion Board to receive email alerts at least once per week when topics are posted. 1. New PPA Specialist Training & SharePoint Resources New PPA specialist training is provided in the form of self-paced online modules available through ECOLOGY’s PartnerWeb SharePoint site, and web-based discussion panels. The web-based discussion panels will be planned and conducted by ECOLOGY staff and include new specialists and experienced PPA specialists who can offer suggestions and feedback to new specialists. The discussion panels are scheduled for the second Thursday of every other month from 10:30 to 12:00. On occasion these meetings will need to be rescheduled to accommodate panelists or new specialists who cannot make the originally scheduled date. ECOLOGY staff will provide as much notice as possible when these panels are rescheduled. Schedule: 2. Field Mentoring & Training Review The CONTRACTOR will provide training to their new staff to ensure they can perform the work. In addition, ECOLOGY will assign two experienced PPA Specialists as mentors to provide field training and support to a new hire. If available, one mentor will be from the CONTRACTOR’s organization and the other mentor from another PPA contractor (partner) jurisdiction in as close proximity as possible. Mentors will be assigned within two weeks of notifying ECOLOGY of new staff hires. Field mentoring will involve a series of accompanied field visits designed by the mentor and ECOLOGY staff to support the needs of the new hire. When the mentor and new hire determine they Discussion Panel Schedule – July 2021 thru June 2023 2021 2022 2023 August 12, 2021 February 10, 2022 February 9, 2023 October 14, 2021 April 14, 2022 April 13, 2023 December 9, 2021 June 9, 2022 June 8, 2023 August 11, 2022 October 13, 2022 December 8, 2022 Attendance Requirement: All new specialists who have not yet attended six (6) discussion panels are required to attend. Panelists are required to attend all discussion panels. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 17 Version 5/20/2020 are ready, an ECOLOGY staff will accompany the new hire on a few technical assistance visits, to ensure that they are providing accurate information on proper waste management, spill prevention, storm water pollution prevention, and toxics reduction opportunities. All-Staff Trainings for all PPA Specialists All-Staff Trainings will be planned and conducted by teams of PPA Specialists from two to three PPA contractors (partners). When appropriate these trainings will be held in-person to facilitate interaction and networking between PPA Specialists, ECOLOGY, and invited presenters. Depending on current situations related to the COVID-19 pandemic or other health and safety concurs, All Staff Trainings may be held virtually via an online platform. Training topics are intended to help new staff become more competent in their work, and experienced staff to gain greater technical depth on relevant topics. ECOLOGY staff will determine the teams, provide initial guidance, review agendas, and provide support for planning and logistics. Schedule: Typically, these trainings are held the second Wednesday in September and March or April. The trainings are usually scheduled between 8:30 a.m. and 3:30 p.m. with overnight travel allowed for jurisdictions if needed (see state travel rules). ECOLOGY must pre-approve overnight travel if it is being charged to the PPA budget. When training is held virtually online, the training will be scheduled across two half-days. If staff and resources become available, ECOLOGY will add an additional All Staff Training event. An additional training event would likely be held in June. Attendance Requirement: Unless prior approval has been given by ECOLOGY, it is mandatory for at least one PPA specialist per jurisdiction to attend the All Staff Trainings. This person is responsible for disseminating information back to the PPA specialists from that jurisdiction. Managers are welcome but not required to attend. Generally, training substitutions are not allowed for the All Staff Trainings, however, exceptions may apply. ECOLOGY staff must approve non- emergency absences or training substitutions at least two weeks prior to the training. Webinar Trainings ECOLOGY conducts Webinars during most of the months that do not have All Staff Trainings. These sessions are intended to expose PPA Specialists to new information or technical topics relevant to their work. Suggestions on topics and speakers are welcomed from PPA contractors (partners). ECOLOGY will also ask PPA contractors to present on case studies. Schedule: These are one and a half hour sessions, held on the second Wednesday of the month. Occasionally these sessions will need to be scheduled at alternative times to accommodate speaker availability. Up to eight Webinars will be scheduled each year. Attendance Requirement: Each PPA Specialist must attend at least six of the eight Webinars each year. Another type of training that is relevant to PPA Specialists’ work may be substituted for up to two of the Webinars. Notification of the substitution must be provided to and pre-approved by ECOLOGY at least two weeks in advance of the Webinar. AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 18 Version 5/20/2020 Table 6: Tentative Training Schedule (subject to change) Date Type Date Type July, 2021 No training July, 2022 No training August 11, 2021 Webinar August 10, 2022 Webinar September 8-9, 2021 Webinar or All-Staff* September 14-15, 2022 Webinar or All-Staff* October 13-14, 2021 Webinar or All-Staff* October 12-13, 2022 Webinar or All-Staff* November 10, 2021 Webinar November 9, 2022 Webinar December 8, 2021 Webinar December 14, 2022 Webinar January 12, 2022 Webinar January 11, 2023 Webinar February 9, 2022 Webinar February 8, 2023 Webinar March 9-10, 2022 Webinar or All-Staff* March 8-9, 2023 Webinar or All-Staff* April 13-14, 2022 Webinar or All-Staff* April 12-13, 2023 Webinar or All-Staff* May 11, 2022 Webinar May 10, 2023 Webinar June 8, 2022 Webinar June 14, 2021 Webinar * When possible an in-person All Staff Training will be held in conjunction with the NW Chapter Annual Conference. Section IX. Reporting and Contract Changes Quarterly Progress Reports A brief progress report shall be submitted quarterly with each invoice (see schedule in Section X, Table 7). This report should indicate the work completed during the quarter and billed on the invoice, including the type and number of visits conducted, progress on Unique Program Elements, and any other information regarding contract performance that should be brought to ECOLOGY’s attention. The Progress report must also include the number of visits where the PRP was presented and discussed. The Progress report should only include the status of the work conducted during the quarter and NOT include a roll-up of progress to-date since it services as backup documentation for the expenses included in the quarterly invoicing, see Section X. Annual Reports Annual reports are used to briefly summarize contract status to-date including: number of site visits performed, Unique Program Element activities conducted, Technical Assistance Target activities conducted, lessons learned, and budget status. Annual reports shall be provided to ECOLOGY by July 31, 2022 and July 31, 2023. The report shall include two to three ‘case studies’ of a business or organization that benefitted from a PPA site visit. Photographs of the business before and after the visit, showing the beneficial changes should be provided, if at all possible. The second year annual report should capture details for the full contract period as ECOLOGY will use these reports to create a biennial report on the Partnership. ECOLOGY will make report templates available on the PPA Partnership SharePoint. ECOLOGY will request, with advanced notice, that PPA CONTRACTORs provide presentations on their case studies at Webinars and All-Staff meetings. Contract Changes Any of the following changes shall be reported to the ECOLOGY PPA Partnership Coordinator within 10 business days: • Key personnel changes (staff or manager leaving, new hires, etc.) AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 19 Version 5/20/2020 • Initiation of or changes to a subcontract (see Section 18 of the Interagency Agreement for specific information that is required regarding subcontractors) Section X. Invoicing Invoice (billing) procedures are outlined in the Interagency Agreement, (see Section 4). In addition, the following information is provided: • See also Appendix A, Statement of Work, Section V. • The Invoice Voucher (form A19-1A) must have a wet signature or scanned if submitted electronically. If submitting a scanned copy, the CONTRACTOR will retain original signed A- 19-1A in CONTRACTOR’s records per record retention requirements. • Support documents may be submitted via email. • Each invoice shall only bill for actual hours worked during the quarter which may be higher or lower than the FTE estimate in Section I, Table 1 of Appendix A, Statement of Work. • Quarterly invoicing will follow the schedule in Table 7. Table 7: Invoicing Schedule Quarter Months Due Date 1 July, August, September 2021 November 10, 2021 2 October, November, December 2021 February 10, 2022 3 January, February, March 2022 May 10, 2022 4 April, May, June 2022 July 31, 2022 (earlier Due Date due to end of fiscal year requirements) 5 July, August, September 2022 November 10, 2022 6 October, November, December 2022 February 10, 2023 7 January, February, March 2023 May 10, 2023 8 April, May, June 2023 July 31, 2023 (earlier Due Date due to end of biennium requirements) AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 20 Version 5/20/2020 Section XII. Resources The following are resources to materials referenced in this contract. Links to and the resources listed are subject to change. • PPA Partnership SharePoint: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/SitePages/Home.aspx • LSC Database: http://ecyaphwtr/lsc/Home.aspx • Invoice Voucher A19-1A: https://des.wa.gov/sites/default/files/public/documents/HRPayroll/SACS/A-19- 1AForm.doc?=5c82f • Partnership Report Templates: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/Templates/Forms/AllItems.aspx • Checklists & Tip Sheets: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/Checklist%20%20 Tip%20Sheets/Forms/AllItems.aspx • New Specialist Training modules: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/New%20Specialist %20Training/Forms/AllItems.aspx • Travel Per Diem Rates: https://www.ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 21 Version 5/20/2020 APPENDIX B BUDGET DETAIL See sections #3, Compensation, and #4, Billing and Payment Procedures, for additional instructions. Category Amount Salaries $4,000.00 Benefits $1,000.00 Subcontracts $170,000.00 Goods & Services (see Table A) $0.00 Equipment (see Table B) $0.00 Travel/Training $0.00 Voucher Program (Section XI) $0.00 Subtotal Direct Costs $175,000.00 Indirect Costs* Rate (%) n/a Indirect amount $0.00 Total Award $175,000 Table A. Goods & Services (items over $1000 must be listed here or approved by ECOLOGY prior to reimbursement) Estimated Cost Table B. Equipment (items over $1000 must be listed here or approved by ECOLOGY prior to reimbursement) Estimated Cost AGENDA ITEM # 7. a) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 22 Version 5/20/2020 APPENDIX C SPECIAL TERMS AND CONDITIONS 1) Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion a) CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. b) CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. c) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. d) CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. e) CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f) Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. g) CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. h) CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier CONTRACTORS or subcontractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. CONTRACTOR must run a search in http://www.sam.gov and print a copy of completed searches to document proof of compliance. AGENDA ITEM # 7. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING SECTION 1‐3‐2 OF THE RENTON MUNICIPAL CODE, REVISING AND MOVING CODE ENFORCEMENT REGULATIONS TO A NEW CHAPTER 1‐10, UPDATING REFERENCES FROM SECTION 1‐3‐2 TO CHAPTER 1‐10 THROUGHOUT THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 1‐3‐1.B of the Renton Municipal Code is amended as follows: B. Additional Remedies: This section does not preclude, and is in addition to, administrative and civil remedies set forth in this code. The charging authority shall, under the provisions of this code, have the authority to pursue remedial remedies, punitive remedies, or both. If, in the opinion of the charging authority, a violation of this code may be ameliorated through the code enforcement process, then the City and its personnel are authorized to administer that process in accordance with Chapter 1‐10 RMC 1‐3‐2. If, however, in the opinion of the charging authority, a code violation presents a risk to the health, safety, or welfare of a member(s) of the general public, or the remedial measures are unnecessary, ineffective, or unsuccessful, then a criminal remedy may be sought by the charging authority. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 2 SECTION III. Section 1‐3‐2 of the Renton Municipal Code is repealed in its entirety and replaced to read as follows: 1‐3‐2 CODE ENFORCEMENT: All references in the Renton Municipal Code to Section 1‐3‐2 shall be governed by Chapter 1‐10 RMC. SECTION IV. Title I of the Renton Municipal Code is amended to add a new chapter 10, entitled Code Enforcement, to read as follows: CHAPTER 10 CODE ENFORCEMENT SECTION: 1‐10‐1: System of Non‐Judicial Code Enforcement 1‐10‐2: Definitions 1‐10‐3: Enforcement of Violations 1‐10‐4: Voluntary Correction Agreement 1‐10‐5: Hearing Procedures 1‐10‐6: Abatement 1‐10‐7: Failure to Comply 1‐10‐8: Additional Provisions 1‐10‐1 SYSTEM OF NON‐JUDICIAL CODE ENFORCEMENT: A. Purpose: To protect and promote the health, safety, sanitation, and aesthetics in the City of Renton by providing, in normal circumstances, an expedited and cost‐effective process to address civil code violations, provide for prompt hearings and decisions, and for the collection of appropriate fines, costs, and fees. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 3 B. Authority: Pursuant to RCW 7.80.010(5), the City elects to establish a non‐ judicial hearing and determination system to enforce Renton Municipal Code (“RMC”) civil code violations. C. Not a Basis for Liability: This code does not create or imply any duty upon the City or any of its officers, employees, or volunteers that may be construed to be the basis of civil or criminal liability on the part of the City, its officers, employees, agents, or volunteers, for any injury, loss, or damage resulting from any action or inaction on their part. 1‐10‐2 DEFINITIONS: A. Abate or Abatement: means to cure the Violation. Abatement shall not be deemed to be complete until the Violator or Person in Control has notified the CCI of the abatement and the CCI has been afforded a reasonable opportunity to inspect the Violation and deem the Abatement complete. B. Administrator: shall mean a City of Renton department administrator or his or her designee. C. Code Compliance Inspector: (hereafter CCI) means any employee or designee of the City of Renton who is directed, authorized, or responsible for finding, responding to, evaluating, or considering Violations and/or alleged Violations of the Renton Municipal Code herein. D. Civil Enforcement Action: Any appealable action taken by the City or its designee to commence an enforcement proceeding for any Violation of the Renton Municipal Code, including, but not limited to: a notice of violation, a notice AGENDA ITEM # 7. b) ORDINANCE NO. ________ 4 and order, an order to correct, a stop work order, an order not to occupy premises, or any other civil enforcement mechanism or order authorized by this Code. E. Cost: includes and is not limited to reasonable legal fees and costs (including but not limited to any legal personnel costs, filing fees, travel costs, etc.), administrative personnel costs, abatement costs (including but not limited to filing fees, truck rental fees, hiring or contracting fees, overtime costs, etc.), actual expenses and costs, and reimbursement for any and all expenses related to the code enforcement process. F. Fines: are any monetary assessment, recovery, or reimbursement related to the City’s civil code enforcement. Fines shall accrue for each day or portion thereof that each Violation occurs. A Violator may be responsible for multiple fines for each Violation. Fines are intended to be remedial in nature and should be distinguished from any penalties that may be separately imposed through a judicial process. G. Hearing Examiner: shall mean the neutral adjudicator designated by the Administrator to oversee and establish rules for any hearings requested pursuant to this Chapter. H. Notice of Violation: is a determination made by the CCI that a Violator has committed or permitted a Violation of the Renton Municipal Code. A Notice of Violation is a civil code violation, punishable in accordance with the terms of this chapter. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 5 I. Ongoing Violation: is a Violation that is in continuous violation of the Renton Municipal Code until the condition has been abated. J. Order to Correct: is an order issued to a Violator(s) which orders the Violator(s) to abate the Violation/condition. The Order to Correct shall set the time and manner in which the condition must be abated. An Order to Correct shall remain in effect until the Violation/condition is abated and the City is notified of the abatement and has been afforded a reasonable opportunity to inspect the Violation/condition. K. Person in Control: means any person who lives in or stays at a premises, or any person who literally possesses or has his or her name on a title, deed, mortgage, or an agreement related to the premises, or any person who has control over the premises, or who is responsible for creating, maintaining or permitting a civil code violation, whether as owner, tenant, occupant, or otherwise. There may be more than one Person in Control for purposes of this chapter. If the Person in Control is not the legal owner, the Person in Control and owner are both jointly liable and subject to the provisions and remedies of this chapter. Application of this chapter against one party does not preclude application to another party who is an owner or Person in Control. There is a presumption that a Person in Control is aware of or has knowledge of the condition at a premises. L. Serve or Service: means delivery of any Warning of Violation, Notice of Violation, and/or order upon persons having any known interest in the property AGENDA ITEM # 7. b) ORDINANCE NO. ________ 6 where a Violation exists. Service is deemed to be completed pursuant to any of the following means: 1. Personal service; or 2. Certified mail with return receipt requested; or 3. Electronic transmission; or 4. If the whereabouts of any person having any known interest in the property where the Violation exists are unknown and the same cannot be ascertained in the exercise of reasonable diligence, and the CCI makes an affidavit to the effect, then service may be deemed to be completed by posting the Warning of Violation, Notice of Violation, and/or order on the property in a conspicuous place; and mailing a copy via first‐class mail to the last known address for persons having any known interest in the property where the Violation exists; and mailing a copy via first‐class mail to the taxpayer of record at the taxpayer’s listed address in the records of the King County Assessor’s Office. M. Violation: is an act, error, omission, location, property, structure, or condition that is contrary to any provision of the Renton Municipal Code and/or endangers the health, sanitation, or safety of the residents, neighborhood, or community. Each day that a Violation exists shall constitute a separate and actionable Violation. Multiple simultaneous Violations at one location shall be administered jointly for administrative and fiscal economy. N. Violator: is any person(s), entity, or organization(s), including the possessor, and/or owner of a property, any person(s) having any interest in the AGENDA ITEM # 7. b) ORDINANCE NO. ________ 7 property, and/or the Person in Control or owner’s agent for a property where a civil code violation exists or is alleged to exist, and/or any person(s) who has received notice of a Violation or Order to Correct. O. Warning of Violation: is an informal oral or written warning that provides notice to a Violator that the CCI has found, seen, or discovered a potential RMC civil code violation that a Violator has created, permitted to exist, maintained, or failed to eliminate. A Warning of Violation is non‐appealable and used to inform the Person(s) in Control regarding the potential of a Violation which does not impose a threat to public health, safety, or welfare. 1‐10‐3 ENFORCEMENT OF VIOLATIONS: A. Code Compliance Authority: A CCI is authorized to initiate a Civil Enforcement Action whenever all facts and circumstances known to the CCI lead the CCI to form a reasonable belief that, in the CCI’s professional judgment and experience, the Renton Municipal Code (RMC) is being violated by any person, property, act, omission, error, or condition. B. Initiating Enforcement Proceedings: When a CCI initiates a Civil Enforcement Action, the CCI is authorized to take any of the following actions: 1. Order the Violator(s) to Abate the Condition: The CCI may order the property Abated by persons working under the City’s authority with costs assessed to the Violator(s). 2. Assess Fines: The CCI may assess any applicable costs and/or Fines for each Violation based on the following criteria: the nature of the offense; the AGENDA ITEM # 7. b) ORDINANCE NO. ________ 8 history of the condition of the property; the history of the Violator; the impact on the neighbors, neighborhood, or community; and the need to discourage such conduct, inactivity, or neglect. Alternatively, the CCI may stay the accrual of costs and/or civil fines, upon an actual showing that the Violator, acting in good faith, is unable to bring the condition into compliance within the required time. 3. Issue a Stop Work Order: The CCI may order that work stop immediately if that work is inconsistent with a permit or license, has not been approved, is being done without a permit, or has not been inspected, or a Violator has refused a request to inspect. 4. Deny, Revoke, Suspend, or Modify a Permit or License, or Application Therefor: The City may deny, revoke, suspend, or modify a permit or license when a Violator has failed to comply with the terms of the permit or license or efforts to bring the condition or property into compliance, a Violator has exceeded the scope of work set forth in the permit or license, or if a Violator has failed to undertake the project in the manner set forth in the approved application. C. Notice of Violation: When initiating a Civil Enforcement Action, the CCI shall inform the Violator of: 1. The relevant details that form the basis of the Violation; 2. The section or sections of the RMC that have been violated; 3. The time in which the Violation must be corrected; 4. The fine amount for the Violation, if any; and also that, AGENDA ITEM # 7. b) ORDINANCE NO. ________ 9 5. Any Violator who wants a hearing to challenge the Notice of Violation may have a hearing before the Hearing Examiner, pursuant to the provisions of this chapter. The request for a hearing must be timely and must satisfy all of the other requirements of this chapter. D. Ongoing Violations: Every Violation of this code of a continuous or ongoing nature shall be subject to daily Fines to begin when the Civil Enforcement Action is initiated and shall not end until the Violation is Abated to the satisfaction of the CCI. E. Criminal Violation: When a CCI discovers or is made aware of a RMC Violation, and where the Violation carries a criminal penalty, the CCI is authorized to refer the matter to the City Attorney for consideration of criminal charges. Pursuing criminal charges does not preclude the City from pursuing additional remedies as warranted by law. See RMC 1‐3‐1. 1‐10‐4 VOLUNTARY CORRECTION AGREEMENT: A. Voluntary Correction Agreement: If the CCI determines that a code Violation has occurred, the City may enter into a voluntary correction agreement with any Violator, if the CCI determines it would be appropriate. The Administrator, or his or her designee, shall administer a procedure to manage an expedited voluntary compliance process. B. Contents: The voluntary correction agreement form or document must contain, at a minimum: 1. All of the relevant information identifying the Violator(s); AGENDA ITEM # 7. b) ORDINANCE NO. ________ 10 2. The Violation location(s); 3. Details about the Violation(s); 4. What must be done to eliminate the Violation(s); 5. How long the Violator(s) has to eliminate the Violation(s); 6. Whether there have been any known prior Violations involving the Violator(s) in the City in the last ten (10) years; 7. A signed right of entry to inspect until the Violation has been eliminated, and/or correct or abate the property if the voluntary correction agreement is not satisfied; 8. The minimum amount of civil fines owed at the point the agreement is entered; and 9. In bold print, that if the voluntary correction agreement is not satisfied the City may, without any additional notice or hearing, impose any remedy authorized by this chapter; order the abatement of the Violation by the Violator(s) or the City’s employees or agents; and assess any abatement, investigation, or enforcement costs to the Violator(s) and against the property. C. Hearing: 1. As a condition to entering into a voluntary correction agreement, a Violator expressly waives the right to a hearing, or any other review to challenge the determination of a Violation, or the allegations contained in any Notice of Violation, as the Violator concedes that the Violator is responsible for the Violation of the Renton Municipal Code, and that the City has the right to use any lawful AGENDA ITEM # 7. b) ORDINANCE NO. ________ 11 means provided by this code or applicable state or municipal law to investigate, enforce, and eliminate the Violation. 2. The Violator(s) may request a hearing to challenge the computation of the costs and/or Fines, and/or the Violator(s) may ask for a hearing to ask for mitigation of the costs and/or Fines. a. If there are multiple requests for a hearing, those hearings may be consolidated if the Hearing Examiner finds it reasonable to do so. b. The rules and procedures of the hearing shall be governed by the relevant provisions of this chapter. D. Additional Criteria and Requirements: 1. No Violator may enter into a second voluntary correction agreement if that Violator has already failed to comply with a voluntary correction agreement for a prior Violation of the same code provision. 2. The voluntary correction agreement acts as a stay of the accrual of costs and/or fines, but if a Violator fails to eliminate the Violation in accordance with the voluntary correction agreement, the costs and/or fines shall become due and payable, and the Violator waives any right to a hearing to challenge the determination of a Violation. 3. If a Violator is unable or unwilling to eliminate the Violation within the time prescribed by the Notice of Violation or Order to Correct, then a voluntary correction agreement is not appropriate. 4. A voluntary correction agreement is not a settlement agreement. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 12 5. The Administrator may use whatever type of voluntary correction agreement form as is appropriate in his or her judgment to mitigate and ultimately eliminate the Violation. The Administrator may modify the voluntary correction agreement form on an individual case basis as needed to best respond to the facts, circumstances, and conditions of a Violation. The Administrator may grant an extension to a Violator only if, in the Administrator’s judgment, the Violator has taken prompt and substantial steps to eliminate the Violation. 6. The voluntary correction agreement must be in writing and signed by at least one (1) Violator. Any disagreement between Violators shall be addressed between the Violators and, if necessary, in judicial hearings without requiring the participation or presence of the City of Renton. 7. If the Violator fails to satisfy one (1) or more term(s) of the voluntary correction agreement, after a Notice of Violation, the City may, without notice or further hearings, order the abatement of the Violation by the Violator(s) or by City employees or agents and assess any other costs related to the investigation, enforcement, and resolution of this process to the Violator(s) and/or against the property. 1‐10‐5 HEARING PROCEDURES: A. Opportunity for a Hearing: 1. In order to provide due process and to achieve the purpose of this chapter, a Violator or the CCI may request a hearing before the Hearing Examiner AGENDA ITEM # 7. b) ORDINANCE NO. ________ 13 to raise any challenge to the Civil Enforcement Action, the City’s application of this code, and/or to challenge or mitigate the costs and/or Fines. 2. The opportunity for a hearing is available for each Civil Enforcement Action and the Fines imposed for multiple Violations at one (1) site or at multiple sites by one (1) or more Violators. 3. The failure to request, submit a written argument, and/or appear at a hearing makes the Civil Enforcement Action a final determination unless a Violator timely requests a hearing under the process described in this chapter. If a hearing is requested, the final determination of the Notice of Violation shall be made by the Hearing Examiner following the conclusion of the hearing. B. Hearing Requirements: 1. Timeliness: Any Violator and/or persons having any claim against the title or contractual interest in the property where the Violation exists or the CCI may request a hearing to challenge the notice, order, or application of the code, or challenge or mitigate the costs and/or Fines. Any such request for a hearing must be filed and filed with the City Clerk within fifteen (15) days of the issuance of the Notice of Violation and/or Order to Correct. Any request for a hearing that is not timely filed with the City in accordance with this section shall be denied. 2. Timing of a Hearing: If a Violator and/or persons having any claim against the title or contractual interest in the property where the Violation exists or the CCI submits a timely request for a hearing pursuant to this section, the City Clerk shall set the date of the hearing to be held no more than ninety (90) days AGENDA ITEM # 7. b) ORDINANCE NO. ________ 14 after the request for a hearing is filed. There shall be no fee to request a hearing pursuant to this section. 3. Costs: A Violator or multiple Violators who request a hearing but who fail to appear or participate in the hearing are responsible for any costs incurred by the City to hold the hearing. The Hearing Examiner may assess the costs to the Violator in writing within fifteen (15) days of the Violator’s failure to appear or participate in the hearing. 4. Withdrawal of Request for Hearing: A Violator may withdraw their request for a hearing no later than five (5) days prior to the scheduled hearing. The Violator will not be charged the costs of the hearing if the Violator’s request to withdraw the request is timely. 5. Final Determination: If no hearing is timely requested, the CCI’s determination of the Violation is deemed final, and any costs and/or Fines become due. C. Hearing Procedures: 1. Hearing Procedure: The Hearing Examiner may choose to hear the matter orally, in person, electronically, or based solely on the parties’ written submissions. The Notice of Violation and/or Order to Correct may satisfy the City’s burden of production, but the City may submit additional written testimony. If the Hearing Examiner determines that the matter requires an in‐person hearing, such a hearing may be scheduled, and appropriate and reasonable notice shall be provided to the parties. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 15 2. Who May Appear: If the owner and the possessor or Person in Control of the property are not the same, and if the owner fails to respond in writing or fails to appear at an oral hearing after service of the Notice of Violation, there is a presumption that the owner has given the Violator(s) the authority to act as his/her agent for purposes of the hearing or that the owner has chosen not to participate. Any Violator who has been issued a Notice of Violation, Order to Correct, or any Fines and/or costs may appear as a party or designate a representative for the hearing. The CCI or his or her designee shall appear on behalf of the City. Any party who does not appear at a hearing forfeits the right to challenge the Violation, and the Violation shall be deemed final as against that party. 3. Scope of Hearing: The scope of the hearing is limited to the conditions of the property on the date listed on the Notice of Violation. Re‐litigation of previously imposed costs and/or Fines is prohibited. 4. Preponderance of Evidence Standard: The Hearing Examiner shall determine by a preponderance of the evidence whether the facts are sufficient to prove a Violation of the code, if all of the costs and/or fines should be imposed, or that a Violation exists that must be corrected, and which Violator(s) is responsible for the Violation. Multiple Violators may be held responsible. The Notice of Violation, if signed and dated by the CCI, shall be deemed admissible evidence to prove the Violation. If the Hearing Examiner determines that the evidence supports that a Violation was committed after reviewing the Notice of Violation, AGENDA ITEM # 7. b) ORDINANCE NO. ________ 16 then the burden of proof shall shift to the Violator(s) to show by a preponderance of the evidence that a Violation has not occurred. The City is not required to call witnesses to testify at the hearing. 5. Final Determination: The Hearing Examiner, after reviewing the written submissions, exhibits, testimony, and other admitted evidence, may confirm, dismiss, or modify the Civil Enforcement Action, and/or mitigate any costs and/or Fines issued. The Hearing Examiner’s decision is deemed to be a final determination and may only be appealed in accordance with relevant provisions of law. The final determination should be issued within thirty (30) days of the hearing, unless reasonable cause requires additional time. 6. Imposition of Fines: The Violator(s) found to be responsible for an RMC civil code violation shall be liable for the payment of any costs and/or Fines assessed. Payment is due within fifteen (15) days of the date on the Notice of Violation. If a hearing is requested, the due date for payment shall be tolled until after the Hearing Examiner issues a final determination of the Notice of Violation. The payment of any cost and/or Fine shall be made to the City of Renton Finance Department. It is the responsibility of the Violator(s) to provide the Administrator or CCI with proof of the payment of any costs and/or fines, as is appropriate. The Hearing Examiner is authorized to impose Fines up to and including the maximum fines, or to mitigate the Fines, as the Hearing Examiner sees fit based on the following criteria: the nature of the offense; the history of the condition of the property; the history of the Violator; the ability of the Violator to AGENDA ITEM # 7. b) ORDINANCE NO. ________ 17 pay the fines; the impact on the neighbors, neighborhood, or community; and the need to discourage such conduct, inactivity or neglect. The payment of a Fine does not prevent the City from asserting that the Violation continues to exist or from asserting that a new Violation has been found. 7. It shall be the responsibility of the Violator(s) found responsible for a Violation to completely eliminate the Violation and to achieve complete civil code compliance. Payment of civil Fines, applications for permits, acknowledgement of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and bringing the property into compliance to the satisfaction of the Administrator, or his or her designee. 1‐10‐6 ABATEMENT: A. In order to enforce the Hearing Examiner’s decision, the City may get an order from Superior Court to enter onto a Violator’s property for the purpose of inspecting and/or Abating the Violation. B. The cost of abatement, cleaning up the property, removing hazards, and/or bringing the property into compliance shall be borne by the Violator. All costs shall be paid by the Violator to the City of Renton Finance Department within thirty (30) days from the final determination of the Finding of Violation, or thirty (30) days following the service of an invoice, whichever is later. C. It shall be a misdemeanor to impede, delay, obstruct, or interfere with the City’s employees or agents designated to perform the abatement. Any physical AGENDA ITEM # 7. b) ORDINANCE NO. ________ 18 efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing. 1‐10‐7 FAILURE TO COMPLY: A. Criminal Penalty: It shall be unlawful to fail to comply with the terms of this chapter, in accordance with the penalties prescribed by RMC 1‐3‐1. 1. A Violator who fails to comply with the terms of a Civil Enforcement Action shall be guilty of a misdemeanor. To prove a failure to comply, the prosecutor’s burden is to prove beyond a reasonable doubt as to each Violator, that (a) The Violator owns or was the Person in Control of a property in the City of Renton; and (b) The Violator was Served with a Notice and Order (or other Civil Enforcement Action) related to that property and was ordered to correct the Violation(s) within a prescribed time period; and (c) The Violator failed to eliminate the Violation within the prescribed time period. 2. If a Violator is found guilty beyond a reasonable doubt, the Violator shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. A Violator shall not be eligible for Electronic Home Detention or any other alternative to jail time. 3. A Violator shall remain responsible for the RMC civil code violation Fines and/or any costs assessed by the City, not to include the cost of prosecution. B. Civil Remediation: A Violation, as described in this chapter, is a civil code violation, and Violator(s) may be issued a Fine of up to two hundred fifty dollars AGENDA ITEM # 7. b) ORDINANCE NO. ________ 19 ($250) for each final determination of a Violation. For Ongoing Violations, a new Fine shall be issued for each day (or portion thereof) in which the violation exists. Nothing in this chapter is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. The payment of any fees, Fines, or assessments pursuant to this chapter does not relieve a potential Violator of the duty to correct the Violation as ordered by the Administrator, or his or her designee. 1‐10‐8 ADDITIONAL PROVISIONS: A. Assessment Lien Authorized: Following the authorization by the Administrator, when permitted by law, the City shall cause to have recorded a lien with the King County Recorder’s Office, which lien may be foreclosed pursuant to the laws of the State of Washington. The City may file an action to reduce the lien to a judgment. B. Written Expense Report: Where costs are assessed under this code and a Violator fails to pay within the thirty (30) day period, the CCI shall prepare a written itemized report to the Administrator showing the cost of abatement, including rehabilitation, demolition, restoration, or repair of such property, including such salvage value relating thereto plus the amount of any outstanding fines. A copy of the report and a notice of the time and date when the report shall be reviewed by the Administrator shall be served on the Violator(s) at least five (5) days prior to the review by the Administrator, or verified as being previously provided to the Violator(s). AGENDA ITEM # 7. b) ORDINANCE NO. ________ 20 C. Additional Remedies: 1. Emergencies: Nothing in this chapter shall be read to limit or prohibit the City from exercising its police powers by taking any appropriate action when an emergency or dangerous or potentially dangerous location, property, structure, or condition exists in the City. Not as a limitation, but for the purpose of clarification, the City may abate, declare unsafe or unfit, or take some other appropriate action when: a. Dangerous Condition: A Violation poses an immediate danger to safety, health, or welfare of the possessor of the property, occupants, neighbors, neighborhood, community, public utilities, or the environment. The City may assess costs and file a lien or seek a judgment in accordance with this Chapter. b. Vacant Premises: After inquiry, if it appears that a premises has been vacated and the owner and any Person in Control cannot be located or refuses to abate the code Violation and the premises are either not secured against entry or have been entered by trespassers, the City, pursuant to its community caretaking and police powers, may enter the premises, secure the premises against entry, and place a lien against the property for its administrative costs, to include materials, staff time, attorney’s fees, and whatever additional costs may accrue in order that the premises may be secured. c. Costs: If the Superior Court or court of competent jurisdiction decides, grants, and/or agrees that emergency action is warranted by the City, the City shall seek costs if appropriate. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 21 2. Remedies Not Exclusive: The remedies noted in this chapter are not exclusive and may be used in conjunction with any other remedies provided or allowed under the Renton Municipal Code, the Revised Code of Washington, or any other provision of law. a. The City is not prohibited from remedying, abating, or mitigating any condition that falls under this chapter by any other means authorized by law or by enforcing its findings, remedies, costs, and/or fines by any means authorized by law. b. The City will seek all costs, including attorney’s fees, if it must appear in a court of law to address a Violator’s failure to abate a Violation or failure to pay any costs and/or fines. Unless otherwise precluded by law, the provisions of this chapter may be used in lieu of or in addition to other enforcement provisions, including, but not limited to, other provisions in the Renton Municipal Code, the use of collection agencies, or other civil actions including but not limited to injunctions. D. Revocation, Suspension, Modification, or Denial of Permit or License: 1. Public Health and Safety: The City, without a hearing, may suspend, revoke, or modify any valid permit or license issued by the City if or when it reasonably believes: a. That a Violator knows, or reasonably should know, of a Violation, but the Violator continues to violate the permit or license or exacerbate a Violation, and the CCI makes a finding of an imminent threat or substantial threat AGENDA ITEM # 7. b) ORDINANCE NO. ________ 22 to safety, health, or welfare of others, property of others, or City property including, but not limited to, utilities such as water and sewer; or b. That a Violator misrepresented any material or significant fact in applying for a permit or license. 2. Performing Work Without Authorization: The City, without a hearing, may deny a request for a permit or license or to renew a permit or license or revoke a permit or license when it reasonably believes that a Violator knows or reasonably should have known, of a Violation, but continues to work, operate, or exacerbate a Violation without a valid permit or license. 3. Post‐Deprivation Hearing: Any revocation, suspension, modification, or denial of a permit or license under this section may allow the person who possessed or sought the relevant permit or license and had the permit or license revoked, suspended, modified, or denied an opportunity to request a hearing in a manner detailed in this chapter after the City has revoked, suspended, or modified the permit or license. E. Conflicts: In the event of a conflict between this and any other provision of this chapter or City ordinance, the more specific provision shall control. F. Severability: If any one or more subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. SECTION V. Subsection 4‐3‐010.E of the Renton Municipal Code is amended as follows: AGENDA ITEM # 7. b) ORDINANCE NO. ________ 23 E. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Violation of this Section on adult retail and entertainment regulations is declared to be a public nuisance per se, which may be abated by the City by way of civil nuisance abatement procedures, RMC 1‐3‐3, or Chapter 1‐10 RMC 1‐3‐2, Civil Penalties Code Enforcement, or both, and not by criminal prosecution. SECTION VI. Subsection 4‐4‐100.D.6.b.i of the Renton Municipal Code is amended as shown below. All other provisions in 4‐4‐100.D.6.b remain in effect and unchanged. i. Timing and Responsibility for Removal: Upon the closure and vacation of a business or activity, the owner of said business or activity shall immediately remove all signs relating to said business and activity. If the owner of said business or activity fails to remove said signs, then the owner of the property upon which said signs are located shall remove said signs within thirty (30) days of said closure and vacation of premises. If the owner of the property fails to remove the signs within the designated time limit, then the Building Official may upon due notice enforce civil penalty regulations per the code pursuant to Chapter 1‐10 RMC 1‐3‐2. Prior to the end of the thirty (30) day time period or time period established upon notice by the City pursuant to enforcement of civil penalty regulations, a new tenant or the property owner may request utilization of existing signs or sign structures as regulated in paragraphs ii through iv of this subsection. SECTION VII. Subsection 4‐4‐100.J.4.c of the Renton Municipal Code is amended as shown below. All other provisions in 4‐4‐100.J.4 remain in effect and unchanged. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 24 c. Removal Required: Each political sign shall be removed within fourteen (14) days following an election, by the candidate, candidate’s representative or proposition sponsor except that the successful candidates of a primary election may keep their signs on display until fourteen (14) days after the general election, at which time they shall be promptly removed. After fourteen (14) days the City may pick up and dispose of remaining signs. Violation or failure to comply with the provisions of this section shall subject the offender to Chapter 1‐10 RMC 1‐3‐2, Code Enforcement and Penalties. SECTION VIII. Subsection 4‐4‐130.J.1 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐4‐130.J remain in effect and unchanged. 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accordance with Chapter 1‐10 RMC 1‐3‐2, Code Enforcement and Penalties. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monetary penalty for each violation shall be no less than the minimum penalty, and no greater than the maximum penalty of in accordance with RMC 1‐3‐2P 1‐10‐7, Penalties Failure to Comply and the Renton Municipal Code. SECTION IX. Subsections 4‐5‐060.M.5 and 4‐5‐060.M.6 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐5‐060.M remain in effect and unchanged. 5. 113.5 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except AGENDA ITEM # 7. b) ORDINANCE NO. ________ 25 such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by Chapter 1‐10 RMC 1‐3‐2. 6. 113.6 Enforcement. Enforcement of the Construction Codes and the Construction Administrative Code shall be in conformance with the procedures set forth in Chapter 1‐10 RMC 1‐3‐2. SECTION X. Subsections 4‐5‐060.N.1 and 4‐5‐060.N.2 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐5‐060.N remain in effect and unchanged. 1. 114.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in RMC 4‐5‐060.G.2, 107.2 Construction documents, as amended and the applicable provisions of the Chapter 1‐10 RMC 1‐3‐2, Civil Penalties Code Enforcement. 2. 114.2 Form. Such notice prescribed in RMC 4‐5‐060.G.1, 107.1 Submittal documents, shall be in accordance with Chapter 1‐10 RMC 1‐3‐2. In addition to the information required by Chapter 1‐10 RMC 1‐3‐2, the notice and order shall contain: a. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of RMC 4‐5‐060.H, Section 108 – Temporary Structures and Uses, of this code. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 26 b. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official: i. Will order the building vacated and posted to prevent further occupancy until the work is completed; and ii. May proceed to cause to be done and charge the costs thereof against the property or its owner. SECTION XI. Subsection 4‐5‐060.O.3 and 4‐5‐060.O.5 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐5‐060.O remain in effect and unchanged. 3. 115.3 Notice. Whenever the code official has closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Chapter 1‐10 RMC 1‐3‐2. The notice shall be in the form prescribed in RMC 4‐5‐060.G.2, 107.2 Construction documents, as amended. Every notice to vacate shall be issued, served and posted as an order to cease activity under RMC 1‐3‐2.C 1‐10‐2.L. 5. 115.5 Placard removal. The code official shall remove the placard posted in accordance with the provisions of RMC 4‐5‐060.H, Section 108 – Temporary Structures and Uses, whenever the defect or defects upon which the action was based have been eliminated. Any person who defaces or removes the AGENDA ITEM # 7. b) ORDINANCE NO. ________ 27 placard without the approval of the code official shall be subject to the penalties set forth in Chapter 1‐10 RMC 1‐3‐2. SECTION XII. Subsections 4‐5‐130.B.2 and 4‐5‐130.B.3 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐5‐130.B remain in effect and unchanged. 2. Subsection 301.3, Vacant structures and land, of the 2018 Edition of the IPMC, is deleted in its entirety and replaced by the following: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety, or quality of life. 301.3.1 Appearance: All vacant buildings must appear to be occupied, or appear able to be occupied with little or no repairs. 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. 301.3.2.1 Architectural (cosmetic) structural panels: Architectural structural panels may be used to secure windows, doors, and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or AGENDA ITEM # 7. b) ORDINANCE NO. ________ 28 Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi‐glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. 301.3.2.2 Security fences: Temporary construction fencing may be used for a maximum period of thirty (30) days as a method to secure a building from entry. 301.3.3 Weather protection: The exterior roofing and siding shall be maintained as required in section 304. 301.3.4 Fire Safety: 301.3.4.1 Fire protection systems: All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire Department. 301.3.4.2 Flammable liquids: No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard. 301.3.4.3 Combustible materials: All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 29 301.3.4.4 Fire inspections: Periodic Fire Department inspections may be required at intervals set forth by the Fire Chief. 301.3.5 Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. 301.3.5.1 Freeze protection: The building’s water systems shall be protected from freezing. 301.3.6 Electrical: Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. 301.3.7 Heating: Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. 301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be covered and secured with three‐quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). 301.3.9 Termination of utilities: The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request AGENDA ITEM # 7. b) ORDINANCE NO. ________ 30 that water, electricity, or gas service to a vacant building be terminated or disconnected. 301.3.9.1 Restoration of service: If water, electricity, or gas service has been terminated or disconnected pursuant to section 301.3.9, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service until written notification is given by the code official that service may be restored. 301.3.10 Notice to person responsible: The code official may inspect the building and premises whenever the code official has reason to believe that a building is vacant, if there is a present danger, to exercise the City’s community caretaking function, or where otherwise authorized by law. If the code official determines that a vacant building violates any provision of this section, the code official shall notify in writing the owner of the building or real property upon which the building is located, or other person responsible, of the violations and required corrections and shall be given a time frame to comply. 301.3.10.1 Alternate requirements: The requirements and time frames of this section may be modified under an approved Plan of Action. Within thirty (30) days of notification that a building or real property upon which the building is located is in violation of this section, an owner may submit a written Plan of Action for the code official to review and approve if found acceptable. A Plan of Action may allow: 1) Extended use of non‐architectural panels. AGENDA ITEM # 7. b) ORDINANCE NO. ________ 31 2) Extended use of temporary security fencing. 3) Extended time before the demolition of a building is required. 4) For substandard conditions to exist for a specific period of time, provided the building is secured in an approved manner. When considering a Plan of Action, the code official shall take into consideration the magnitude of the violation and the impact to the neighborhood. 301.3.11 Enforcement: Violations of this section shall be enforced according to the provisions and procedures of Chapter 1‐10 RMC 1‐3‐2 and subject to the monetary penalties contained therein. 301.3.11.1 Abatement: A building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be a lien against the real property and may be collected from the owner in the manner provided by law. 301.3.11.2 Unsafe buildings and equipment: Any vacant building or equipment therein declared unsafe is subject to the provisions of RMC 4‐5‐060 and the demolition provisions of RMC 4‐5‐060. 3. Section 302.4, Weeds, of the 2018 Edition of the IPMC, is amended to read as follows: AGENDA ITEM # 7. b) ORDINANCE NO. ________ 32 Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve inches (12") in height on developed property or twenty‐four inches (24") in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to the provisions of Chapter 1‐10 RMC 1‐3‐2, Code Enforcement. SECTION XIII. Subsection 4‐6‐030.S of the Renton Municipal Code is amended as follows: S. VIOLATIONS OF THIS SECTION AND PENALTIES: A violation of any of the provisions of this Section shall be a civil infraction pursuant to Chapter 1‐10 RMC 1‐3‐2. See also RMC 4‐6‐110. SECTION XIV. Subsection 4‐6‐090.I of the Renton Municipal Code is amended as follows: I. VIOLATIONS OF THIS SECTION AND PENALTIES: Unless otherwise specified, violations of this Section are code violations subject to Chapter 1‐10 RMC 1‐3‐2, as it exists or may be amended. SECTION XV. Section 5‐12‐30 of the Renton Municipal Code is amended as follows: 5‐12‐30 CIVIL PENALTY: Any person who violates any provision of this Chapter, except the conduct standards of Sections 5‐12‐24 and 5‐12‐25, shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation, to be AGENDA ITEM # 7. b) ORDINANCE NO. ________ 33 directly assessed by the Director. The Director, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed, and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedures specified in Chapter 1‐10 RMC Section 1‐3‐2. SECTION XVI. Subsections 6‐27‐7.C and 6‐27‐7.D of the Renton Municipal Code are amended as shown below. All other provisions in 6‐27‐70 remain in effect and unchanged. C. Any owner of multi‐family housing which allows an accumulation of three (3) or more shopping carts upon the multi‐family premises has committed a code violation punishable according to the terms of Chapter 1‐10 RMC 1‐3‐2. There shall be an exception for the owner of any multi‐family housing who has sent a letter to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts on the premises of the multi‐family property and who has kept a record of such letters. The owner of the multi‐family housing, to claim this exception, must also contact the owner of the carts weekly until the carts are removed, and ask that the carts be retrieved, keeping a record of the date and time of such contact. D. Any owner of commercial or industrial property which allows the accumulation of one or more shopping carts, not maintained as part of the business, has committed a code violation punishable according to the terms of Chapter 1‐10 RMC 1‐3‐2. The owner of the commercial or industrial property may AGENDA ITEM # 7. b) ORDINANCE NO. ________ 34 claim an exception from this code violation. To claim this exception, the owner must contact the owner of the carts weekly until the carts are removed and ask that the carts be retrieved, keeping a record of the date and time of such contact. SECTION XVII. Section 8‐7‐5 of the Renton Municipal Code is amended as follows: 8‐7‐5 PENALTIES FOR VIOLATION: Except as otherwise provided, any violation of this Chapter shall be a civil violation subject to Chapter 1‐10 RMC 1‐3‐2. The penalties set forth herein shall not be deemed exclusive; the City may obtain an injunction against such violation from the Superior Court of King County. Any ordinance of the City inconsistent with any portions of this Chapter is repealed except that any ordinance defining noise as a nuisance shall remain in full force and effect. SECTION XVIII. Section 9‐10‐1 of the Renton Municipal Code is amended as follows: 9‐10‐1 PERMISSION REQUIRED: It shall be unlawful for any person, firm, corporation or association to construct, cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or obstruct any street, alley or any street pavement, street curb, sidewalk, driveway or improvement in the City without first having obtained written permission as herein provided; provided, however, that in case of an emergency occurring outside the regular office hours whenever an immediate excavation may be necessary for the protection of life or private property, such matter shall be reported immediately to the Department of Community and Economic Development of the City, who may thereupon grant permission to make the AGENDA ITEM # 7. b) ORDINANCE NO. ________ 35 necessary excavation upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business day. Any violation of this Section shall be governed by Chapter 1‐10 RMC 1‐3‐2. SECTION XIX. Subsection 10‐12‐28.I of the Renton Municipal Code is amended as follows: I. Violation – Penalty: Any person violating the provisions of this Section shall be guilty of a traffic infraction and shall be punished pursuant to Chapter 1‐10 RMC 1-3‐2, exclusive of any statutory assessments, provided, conduct that constitutes a criminal traffic offense shall be charged as such and is subject to the maximum penalties allowed for such offenses. SECTION XX. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION XXI. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021. Jason A. Seth, City Clerk AGENDA ITEM # 7. b) ORDINANCE NO. ________ 36 APPROVED BY THE MAYOR this _______ day of _____________________, 2021. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2165:8/16/21 AGENDA ITEM # 7. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY LOCATED NEAR OR ADJACENT TO RAINER AVENUE SOUTH AND RAINIER AVENUE NORTH, RENTON, WASHINGTON, FOR ROAD WAY IMPROVEMENTS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton is a non‐charter code city as provided in title 35A RCW, incorporated under the laws of the State of Washington, and authorized to acquire title to real property for public purposes pursuant to chapter 8.12 RCW; and WHEREAS, in the interest of improving Rainier Avenue South and Rainier Avenue North within the City, the City of Renton identified a street improvement project (“Project”) in compliance with goals announced in the City's Comprehensive Plan; and WHEREAS, the Project involves improvements to Rainier Avenue South and Rainier Avenue North to serve the public; and WHEREAS, the City determined that it must acquire certain property and/or property rights for the Project; and WHEREAS, for this Project, the City determined that the acquisition of certain rights and interests from the real properties identified in Exhibit A attached hereto all located within the City of Renton, Washington, and identified as King County Tax Parcel Nos. 182305‐9063; 182305‐ 9070; 182305‐9208; 182305‐9067; 182305‐9171; 182305‐9112; 182305‐9125; 182305‐9077; 182305‐9080; 722950‐0063; 380600‐0110; 182305‐9245; 000720‐0193; 072305‐9007; 182305‐ 9079; 182305‐9213; 182305‐9273; 182305‐9013; 182305‐9073; 182305‐9090; 182305‐9074; 182305‐9082; 182305‐9011; 182305‐9163; 420440‐0261; 420440‐0225; 420440‐0210; 182305‐ AGENDA ITEM # 7. c) 2 ORDINANCE NO. ________ 9071; 000720‐0199; 000720‐0004; 182305‐9087; 182305‐9234; and 182305‐9227 and legally described in Exhibit A, attached hereto and incorporated by reference ("Parcels”), is necessary to accomplish and construct the Project, and those rights and interests are hereinafter referred to as the “Real Property Take”; and WHEREAS, the City appraised the fair market value of the Real Property Take; and WHEREAS, the City negotiated in good faith with the owners of the Parcels for the voluntary acquisition of the Real Property Take; and WHEREAS, the City to date has been unable to reach a negotiated voluntary resolution with said owners; and WHEREAS, while this Ordinance authorizes condemnation, the City Council does hereby express its intent that negotiations continue regarding the Real Property Take; and WHEREAS, the City complied with the notice requirements set forth in RCW 8.25.290 by providing notice to every property owner of record as indicated on the tax rolls of the county to the address provided on such tax rolls, for each property potentially subject to condemnation, at least fifteen days before the final action adopting this Ordinance, and through publication once per week for two weeks, prior to the passage of a Motion authorizing condemnation and subsequent enactment of this Ordinance; and WHEREAS, payment of just compensation and costs of litigation should be made from the City's general fund or from such other monies that the City may have available or attain for the Real Property Take; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM # 7. c) ORDINANCE NO. ________ 3 SECTION I. Incorporation of Recitals. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. SECTION II. Public Use and Necessity Declared. The City Council of the City of Renton finds and declares that: i) the Project for roadway and utility purposes is a public use; ii) the acquisition of the rights and interests in the Real Property Take legally described and depicted in Exhibit A is necessary for the construction of the Project; and iii) the acquisition of the Real Property Take and the construction of the Project are in the best interests of the citizens residing within the City of Renton. SECTION III. Acquisition. The City Council of the City of Renton authorizes the acquisition, condemnation and taking of the Real Property Take as legally described and depicted on Exhibit A. The City Council authorizes the acquisition of the Real Property Take under threat of condemnation or by initiation of legal action for condemnation to acquire the Real Property Take as necessary for the commencement and completion of the Project, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. SECTION IV. Reservation of Rights. Nothing in this Ordinance limits the City in its identification and acquisition of property and property rights necessary for the Project, including for purposes of settlement. The City reserves the right to acquire additional or different properties or property rights as needed for the Project. SECTION V. Authority of Mayor. The Mayor, by and through his designees, is authorized and directed to continue negotiations for the acquisition of property and property rights and to prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the Real Property Take necessary to carry out the provisions of this Ordinance. AGENDA ITEM # 7. c) ORDINANCE NO. ________ 4 In conducting said negotiations and condemnation proceedings, the Renton City Attorney, by and through his designees, is hereby authorized to enter into stipulations for the Real Property Take. Settlement of any actions by the Mayor shall be made only upon the recommendation of legal counsel. SECTION VI. Compensation. The compensation to be paid to the owners of the Real Property Take acquired for the Project shall be paid from the City's General Fund or from such other monies that the City may have available or attain for the acquisition. SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. SECTION VIII. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of a summary of this Ordinance in the City’s official newspaper. The summary shall consist of this Ordinance’s title. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2021. ______________________________ Armondo Pavone, Mayor AGENDA ITEM # 7. c) ORDINANCE NO. ________ 5 Approved as to form: ______________________________ Shane Moloney, City Attorney ORD.2190:10/20/21 AGENDA ITEM # 7. c) FG:54391457.1 EXHIBIT A Tax Parcel # Owner Name Situs Address 182305‐9063 VADER INVESTMENTS LLC 250 Rainier Ave S, Renton, WA 182305‐9070 RENTON TT LLC 112 Rainier Ave S, Renton, WA 182305‐9208 CITY OF SEATTLE Rainier Ave S, Renton, WA 182305‐9067 RENTON 2020 LLC 144 Rainier Ave S, Renton, WA 182305‐9171 PARAGON DENTAL ARTS LLC 134 Rainier Ave S, Renton, WA 182305‐9112 SIGROHA INVESTMENTS II LLC 128 Rainier Ave S, Renton, WA 182305‐9125 ROBERT E AND PRISCILLA R COX 124 Rainier Ave S, Renton, WA 182305‐9077 TMJD INC 110 Rainier Ave S, Renton, WA 182305‐9080 & 722950‐0063 PETER H WILSON 104 Rainier Ave S, Renton, WA 380600‐0110 & 722950‐0030 BARMAR (Mary Gray) 74 Rainier Ave S, Renton WA 100 Rainier Ave S, Renton, WA 182305‐9245 000720‐0193 BURKHEIMER FAMILY LLC 68 Rainier Ave S, Renton, WA 072305‐9007 CITY OF RENTON 616 Perimeter Road W, Renton, WA 182305‐9079 WALTRUST PROPERTIES INC 275 Rainier Ave S, Renton, WA 182305‐9213 RENTON PROPERTY VENTURES 265 Rainier Ave S, Renton, WA 182305‐9273 RENTON PROPERTY VENTURES 261 Rainier Ave S, Renton, WA 182305‐9013 182305‐9073 J & J WEST BROTHERS LLC 225 Rainier Ave S, Renton, WA 182305‐9090 TWENTY X LLC 2xx Rainier Ave S, Renton, WA 182305‐9074 SLE ENTERPRISES LLC 205 Rainier Ave S, Renton, WA 182305‐9082 AUTOZONE DEVELOPMENT CORP 175 Rainier Ave S, Renton, WA 182305‐9011 KRW INVESTMENT HOLDINGS LLC 151 Rainier Ave S, Renton, WA 182305‐9163 YUBING LIANG‐MAYTON 106 SW Victoria St, Renton, WA 420440‐0261 KRANZ RAINIER AVENUE PROPERTIES, LLC 271 Rainier Ave N, Renton, WA 420440‐0225 PRECISION MOTORS LLC 313 Rainier Ave N, Renton, WA 420440‐0210 FLORINEL AND ANTONELA POLOTANU 333 Rainier Ave N, Renton, WA 182305‐9071, 000720‐0199, & 000720‐0004 SAFEWAY INC./AKA ACI REAL ESTATE SPE 138, LLC 200 S 3rd ST, Renton, WA 182305‐9087 CARNEY INVESTMENT GROUP 230 Rainier Ave S, Renton, WA 182305‐9234 MCDONALDS CORPORATION 59 Rainier Ave S, Renton, WA 182305‐9227 CORNER INVESTMENT CO 73 Rainier Ave S, Renton, WA AGENDA ITEM # 7. c) Parcel No. 1823059063 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Vader Investments, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059063 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Vader Investments, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described and depicted in attached Exhibit A, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059063, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070 AGENDA ITEM # 7. c) Parcel No. 1823059063 2 DATED this day of , 2021. GRANTOR: Vader Investments, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182305-9063 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL ''A," SAID CORNER ALSO BEING ON THE NORTH MARGIN OF SOUTH 3RD STREET THENCE NORTH 88 ° 38' 19" WEST ALONG SAID NORTH MARGIN, 103.96 FEET; THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 01 ° 21' 41" EAST, 129.15 FEET, AN ARCE DISTANCE OF 120.46 FEET TO THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 78 ° 35' 29" EAST, 771.17 FEET, AN ARC DISTANCE OF 140.42 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ''A"; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID PARCEL "A'', 19.59 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 88 ° 11' 06" EAST, 676.50 FEET, AN ARC DISTANCE OF 131.79 FEET; THENCE NORTH 76 ° 56' 19" EAST, 7.00 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 77 ° 01' 27" EAST, 669.50 FEET, AN ARC DISTANCE OF 17.04 FEET; THENCE SOUTH 49 ° 14' 45" EAST, 43.89 FEET; THENCE SOUTH 88 ° 38' 19" EAST, 141.00 FEET TO THE EAST LINE OF SAID PARCEL "A"; THENCE SOUTH 00 ° 10' 08" WEST ALONG SAID EAST LINE, 18.50 FEET TO THE POINT OF BEGINNING. CONTAINING 6,788 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER TITLE RESOURCES GUARANTY COMPANY ORDER NO. 40163780, DATED FEBRUARY 2, 2016) THAT PORTION OF THE H. H. TOBIN DONATION LAND CLAIM NO. 37 AND THAT PORTION OF GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF VACA TED LAKE A VENUE SOUTH PER CITY OF RENTON ORDINANCE NUMBER 4714 AS RECORDED UNDER RECORDING NUMBER 9804220125 AND AMENDED UNDER ORDINANCE NUMBER 4791 RECORDED UNDER RECORDING NUMBER 20000111001489, AND THAT PORTION OF TRACTS 13 AND 14, SECOND SUPPLEMENTAL MAPS OF RENTON SHORELANDS, ADJACENT TO SAID GOVERNMENT LOTS 9 AND 10, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK A VENUE SOUTH (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVENUE); THENCE NORTH 88 °40'50" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 686.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 °07'37" EAST, A DISTANCE OF 189.91 FEET; 1 ROW.DOCX Page 1 of 2 :K.PG- rAcoMA· SEi\TTLE A AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) I 40' ROW \ \ N.T.S. \ ;;/ ii Wt---- 19.59' / / SE 1/4, SEC. 18, T. 23 N., R. 5 E., W.M. ___ _J TAX LOT NUMBER 182305-9071 PROPERTY LINE TAX LOT NUMBER I CD 000720-0199 � RIGHT OF WAY AREA = 6788 S.F.± TAX LOT NUMBER 182305-9063 0 3: I") � w :z :::J �) a::: w, a::: a.. ___ N 88'38'19" W EXISTING RIGHT OF WAY <t_ --s 3RD ST '6-Z�-2/ DA TE: APRIL 16, 2020 Interdisciplinary Design 3131 Ell�ttAve 2502Jel!eraonAve Su!e400 Tacoma, WA98402 Seattle, WA 98121 (253)627-0720 (206) 286-1640 www.kpg.com EXHIBIT PARCEL 182305-9063 RIGHT OF WAY ACQUISITION FILE: 1.DWG A AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9063 Grantor(s): Vader Investments, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Assessor’s Tax Parcel Number: 182305-9063 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Vader Investments, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,948 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9063 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9063 Dated: , 20___ Grantor: Vader Investments, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9063 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9063 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9063 Page 1 of ( 6 ) Pages Grantor(s): Vader Investments, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Assessor’s Tax Parcel Number: 182305-9063 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Vader Investments, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Slope Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Vader Investments, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 4 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059070 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton TT, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059070 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton TT, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059070, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059070 2 DATED this day of , 2021. GRANTOR(S): Renton TT, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182305-9070 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING WESTERLY OF A LINE THAT IS 59.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH. CONTAINING 2,462 SQUARE FEET, MORE OR LESS. PARCEL ''..4": (PER T/COR TITLE COMPANY ORDER NO. 70047223, DATED APRIL 26, 2016) LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-01-108-LLA, RECORDED UNDER RECORDING NUMBER 20011030900009, IN KING COUNTY, WASHINGTON. 4 ROW.DOCX Page 1 of 1 :K.PG-TAcoMA. SEI\ TTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9070 Grantor(s): Renton TT, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Assessor’s Tax Parcel Number: 182305-9070 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton TT LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,095 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9070 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9070 Dated: , 20___ Grantor: Renton TT LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9070 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9070 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9070 Page 1 of ( 6 ) Pages Grantor(s): Renton TT, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Assessor’s Tax Parcel Number: 182305-9070 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton TT LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Slope Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton TT LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) '''''''' 3131 Elliott Ave Suite 400 Seattle, WA 98121 (206) 286-1640 2502 Jefferson Ave Tacoma, WA 98402 (253) 627-0720 www.kpg.com Interdisciplinary Design .. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 7 ) Pages Parcel No. 182305-9067 Grantor(s): Renton 2020, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9067 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton 2020, LLC, a Colorado limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,063 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9067 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9067 Dated: , 20___ Grantor: Renton 2020, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9067 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9067 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9067 Page 1 of ( 7 ) Pages Grantor(s): Renton 2020, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9067 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton 2020, LLC, a Colorado limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Renton 2020, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 5 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 6 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 7 of ( 7 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059067 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton 2020, LLC, a Colorado limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059067 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton 2020, LLC, a Colorado limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059067, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059067 2 DATED this day of , 2021. GRANTOR: Renton 2020, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9171 Grantor(s): Paragon Dental Arts LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 & Ptn Tract 6 Assessor’s Tax Parcel Number: 182305-9171 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Paragon Dental Arts LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,194 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9171 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9171 Dated: , 20___ Grantor: Paragon Dental Arts LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9171 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9171 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9171 Page 1 of ( 7 ) Pages Grantor(s): Paragon Dental Arts LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 & Ptn Tract 6 Assessor’s Tax Parcel Number: 182305-9171 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Paragon Dental Arts LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Paragon Dental Arts LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 5 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 6 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 7 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9112 Grantor(s): Sigroha Investments II, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC. 18-23-5 Assessor’s Tax Parcel Number: 182305-9112 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Sigroha Investments II, LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 945 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9112 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9112 Dated: , 20___ Grantor: Sigroha Investments II, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9112 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9112 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9125 Grantor(s): Robert E. Cox and Priscilla R. Cox Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 Sec 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9125 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Robert E. Cox and Priscilla R. Cox, husband and wife, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,160 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9125 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9125 Dated: , 20___ Grantor: Robert E. Cox and Priscilla R. Cox By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9125 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9125 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9077 Grantor(s): TMJD, Inc. Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Gov Lot 4, 8-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9077 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between TMJD Inc., a Washington corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,193 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9077 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9077 Dated: , 20___ Grantor: TMJD Inc. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9077 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9077 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9077 Page 1 of ( 6 ) Pages Grantor(s): TMJD, Inc. Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, 8-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9077 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), TMJD Inc., a Washington corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: TMJD Inc. By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059080 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Peter H. Wilson, as his separate estate Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059080 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Peter H. Wilson, as his separate estate, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059080, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059080 2 DATED this day of , 2021. GRANTOR: By: Peter H. Wilson (Individual) STATE OF WASHINGTON } } SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that ____________________, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9080 Grantor(s): Peter H. Wilson Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9080 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Peter H. Wilson, as his separate estate (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,367 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9080 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9080 Dated: , 20___ Grantor: Peter H. Wilson By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9080 INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9080 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9080 Page 1 of ( 6 ) Pages Grantor(s): Peter H. Wilson Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9080 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Peter H. Wilson, as his separate estate, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Peter H. Wilson By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 4 of ( 6 ) Pages INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 3806000110 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Barmar Limited Liability Company, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 6, Block 2, Victoria A. Kelly Addition Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 3806000110 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Barmar Limited Liability Company, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 3806000110, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 3806000110 2 DATED this day of , 2021. GRANTOR: Barmar Limited Liability Company By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 380600-0110 Grantor(s): Barmar Limited Liability Company Grantee(s): City of Renton Legal Description: Ptn of Lot 6, Block 2, Victoria A. Kelly Addition Assessor’s Tax Parcel Number: 380600-0110 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Barmar Limited Liability Company, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,135 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 380600-0110 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 380600-0110 Dated: , 20___ Grantor: Barmar Limited Liability Company By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 380600-0110 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 380600-0110 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 Grantor(s): Burkheimer Family LLC Grantee(s): City of Renton Legal Description: Ptn of Lot Subdivision: Ptn of NE of 18-23-5 and Ptn DLC No. 37 APN/Parcel ID(s): 182305-9245 182305-9237 000720-0193 Assessor’s Tax Parcel Numbers: 182305-9245 & 000720-0193 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Burkheimer Family LLC, a Washington limited liability company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 628 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 Dated: , 20___ Grantor: Burkheimer Family LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9245 Page 1 of ( 7 ) Pages Grantor(s): Burkheimer Family LLC Grantee(s): City of Renton Legal Description: Subdivision: Ptn of NE of 18-23-5 and Ptn DLC No. 37 APN/Parcel ID(s): 182305-9245 182305-9237 000720-0193 Assessor’s Tax Parcel Number: 182305-9245 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Burkheimer Family LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 2 of ( 7 ) Pages or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Burkheimer Family LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 5 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 6 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 7 of ( 7 ) Pages AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9079 Grantor(s): Waltrust Properties, Inc. Grantee(s): City of Renton Legal Description: Ptn NE¼ SW¼ SECT. 18-23N-5E Assessor’s Tax Parcel Number: 182305-9079 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Waltrust Properties Inc., a Delaware corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,773 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9079 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9079 Dated: , 20___ Grantor: Waltrust Properties, Inc. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9079 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9079 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9079 Page 1 of ( 8 ) Pages Grantor(s): Waltrust Properties, Inc. Grantee(s): City of Renton Legal Description: Ptn NE¼ SW¼ SECT. 18-23N-5E Assessor’s Tax Parcel Number: 182305-9079 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Waltrust Properties Inc., a Delaware corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 2 of ( 8 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 3 of ( 8 ) Pages Dated: , 20___. Grantor: Waltrust Properties, Inc. By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 4 of ( 8 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 5 of ( 8 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 6 of ( 8 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 7 of ( 8 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 8 of ( 8 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9213 Page 1 of ( 6 ) Pages Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 1 Subdivision: KCSP NO W-209-78 REC NO 7810049011 Assessor’s Tax Parcel Number: 182305-9213 Reference Number of Related Documents: N/A UTILITY/WALL EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton Property Ventures, a joint venture, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/wall easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Wall Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Wall Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), and for the purpose of constructing a retaining wall, and appurtenant work in any part of the easement, including the right to repair, replace and maintain the retaining wall, and for any reconstruction of such facilities within the area of the easement together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 2 of ( 6 ) Pages therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities, construction of the retaining wall and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Wall Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Wall Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Wall Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Wall Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. It is understood by the Grantor that the retaining wall constructed hereunder shall, in every respect be a public retaining wall and all the property abutting thereon shall have a right to connect therewith under the same conditions as if the retaining wall were a public street. The Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area and the retaining wall as if it were in a public street; and the Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area for the purpose of making any necessary repairs to or renewals or replacemnts of the retaining wall. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area so long as the same are to constructed as not to impair the strength or stability of, or interfere with the use and maintenance of, said retaining wall. 4. This Utility/Wall Easement and the rights, obligations and covenants stated in this Utility/Wall Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Wall Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Wall Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton Property Ventures By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059213 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton Property Ventures, a joint venture Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1 Subdivision: KCSP NO W-209-78 REC NO 7810049011 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059213 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton Property Ventures, a joint venture, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059213, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059213 2 DATED this day of , 2021. GRANTOR: Renton Property Ventures By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) % AGENDA ITEM # 7. c) Parcel No. 1823059273 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton Property Ventures, a joint venture Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 2, King County Short Subdivision No. W- 209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059273 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton Property Ventures, a joint venture, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059273, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059273 2 DATED this day of , 2021. GRANTOR: Renton Property Ventures By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9273 Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 2, King County Short Subdivision No. W-209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9273 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton Property Ventures, a joint venture, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,844 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9273 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9273 Dated: , 20___ Grantor: Renton Property Ventures By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9273 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9273 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9273 Page 1 of ( 6 ) Pages Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 2, King County Short Subdivision No. W-209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9273 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton Property Ventures, a joint venture, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton Property Ventures By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel Nos. 1823059013 & 1823059073 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: J & J West Brothers, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059013 & 1823059073 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), J & J West Brothers, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel Nos. 1823059013 & 1823059073, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel Nos. 1823059013 & 1823059073 2 DATED this day of , 2021. GRANTOR: J & J West Brothers, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel Nos. 182305-9013 & 182305-9073 Page 1 of ( 5 ) Pages Grantor(s): J & J West Brothers, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Assessor’s Tax Parcel Numbers: 182305-9013 & 182305-9073 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between J & J West Brothers, LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,719 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 2 of ( 5 ) Pages by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 3 of ( 5 ) Pages It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: , 20___ Grantor: J & J West Brothers, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 4 of ( 5 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 5 of ( 5 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel Nos. 182305-9013 & 182305-9073 Page 1 of ( 7 ) Pages Grantor(s): J & J West Brothers, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Assessor’s Tax Parcel Numbers: 182305-9013 & 182305-9073 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), J & J West Brothers, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: J & J West Brothers, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 5 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 6 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 7 of ( 7 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059090 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Twenty X, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059090 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Twenty X, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059090, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059090 2 DATED this day of , 2021. GRANTOR: Twenty X, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9090 Grantor(s): Twenty X LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Assessor’s Tax Parcel Number: 182305-9090 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Twenty X, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,670 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9090 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9090 Dated: , 20___ Grantor: Twenty X, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9090 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9090 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9090 Page 1 of ( 6 ) Pages Grantor(s): Twenty X LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Assessor’s Tax Parcel Number: 182305-9090 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Twenty X, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Twenty X, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059074 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: SLE Enterprises, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059074 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), SLE Enterprises, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059074, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059074 2 DATED this day of , 2021. GRANTOR: SLE Enterprises, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9074 Grantor(s): SLE Enterprises LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Assessor’s Tax Parcel Number: 182305-9074 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between SLE Enterprises, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 126 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9074 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9074 Dated: , 20___ Grantor: SLE Enterprises, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9074 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9074 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9074 Page 1 of ( 6 ) Pages Grantor(s): SLE Enterprises LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Assessor’s Tax Parcel Number: 182305-9074 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), SLE Enterprises, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: SLE Enterprises, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9082 Grantor(s): Autozone Development Corporation Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Lot C, CITY OF RENTON, LLA NO. LUA-10-022-LLA, LND-30- 0355, REC NO. 20100907900001, BEING PTN. GOVT LT 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9082 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Autozone Development Corporation, a Nevada Corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 3,306 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9082 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9082 Dated: , 20___ Grantor: Autozone Development Corporation By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9082 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9082 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9082 Page 1 of ( 6 ) Pages Grantor(s): Autozone Development Corporation Grantee(s): City of Renton Legal Description: Ptn of Lot C, CITY OF RENTON, LLA NO. LUA-10-022-LLA, LND-30-0355, REC NO. 20100907900001, BEING PTN. GOVT LT 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9082 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Autozone Development Corporation, a Nevada Corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 2 of ( 6 ) Pages or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Autozone Development Company By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 182305-9011 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: KRW Investment Holdings, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot Ptn of Lot A, City of Renton LLA LUA-10- 022-LAA, LND-30-0355, Rec No. 2010090790001 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059011 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), KRW Investment Holdings, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059011, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 182305-9011 2 DATED this day of , 2021. GRANTOR: KRW Investment Holdings, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182305-9011 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A" LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL ''A" AND A LINE THAT IS 47. 00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH; THENCE NORTHERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 89 ° 30' 33" WEST, 5683.00 FEET, AN ARC DISTANCE OF 190.06 FEET; THENCE NORTH 52 ° 54' 42" WEST, 23. 14 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 1,010 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER TICOR TITLE COMPANY ORDER NO. 70047222, DA TED APRIL 25, 2016) LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-10-022-LLA, RECORDED UNDER RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURA T/ON OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON. 25 ROW.DOCX Page 1 of 1 :ICPG- T/\co1v1A· SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9011 Grantor(s): KRW Investment Holdings, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Lot A, City of Renton LLA LUA-10-022-LAA, LND-30-0355, Rec No. 2010090790001 Assessor’s Tax Parcel Number: 182305-9011 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between KRW Investment Holdings, LLC, a Washington Limited Liability Company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 3,851 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9011 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9011 Dated: , 20___ Grantor: KRW Investment Holdings, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9011 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9011 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9011 Page 1 of ( 7 ) Pages Grantor(s): KRW Investment Holdings, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot A, City of Renton LLA LUA-10-022-LAA, LND-30-0355, Rec No. 2010090790001 Assessor’s Tax Parcel Number: 182305-9011 Reference Number of Related Documents: N/A UTILITY/WALL EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), KRW Investment Holdings, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/wall easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Wall Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Wall Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), and for the purpose of constructing a retaining wall, and appurtenant work in any part of the easement, including the right to repair, AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 2 of ( 7 ) Pages replace and maintain the retaining wall, and for any reconstruction of such facilities within the area of the easement together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities, construction of the retaining wall and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Wall Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Wall Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Wall Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Wall Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. It is understood by the Grantor that the retaining wall constructed hereunder shall, in every respect be a public retaining wall and all the property abutting thereon shall have a right to connect therewith under the same conditions as if the retaining wall were a public street. The Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area and the retaining wall as if it were in a public street; and the Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area for the purpose of making any necessary repairs to or renewals or replacemnts of the retaining wall. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area so long as the same are to constructed as not to impair the strength or stability of, or interfere with the use and maintenance of, said retaining wall. 4. This Utility/Wall Easement and the rights, obligations and covenants stated in this Utility/Wall Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Wall Easement shall be recorded with the King County Recorder’s Office. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 3 of ( 7 ) Pages 5. It is understood and agreed that delivery of this Utility/Wall Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. Dated: , 20___. Grantor: KRW Investment Holdings, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 5 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 6 of ( 7 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 7 of ( 7 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059163 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Yubing Liang-Mayton, As her separate estate Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4, SEC 18-23-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059163 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Yubing Liang-Mayton, as her separate estate, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059163, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059163 2 DATED this day of , 2021. GRANTOR: Yubing Liang-Mayton By: ______________________________ (Individual) STATE OF WASHINGTON } } SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that ____________________, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182305-9163 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL ''A", SAID CORNER ALSO BEING THE INTERSECTION OF THE NORTHERLY MARGIN OF SOUTHWEST VICTORIA STREET AND THE WESTERLY MARGIN OF HA YES PLACE SOUTHWEST; THENCE NORTH 87° 22' 07" WEST ALONG SAID NORTHERLY MARGIN OF SOUTHWEST VICTORIA STREET, 10.51 FEET; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 02° 37' 53" EAST, 8.00 FEET, AN ARC DISTANCE OF 14.90 FEET TO SAID WESTERLY MARGIN OF HA YES PLACE SOUTHWEST; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN OF HA YES PLACE SOUTHWEST ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 75 ° 53' 21" WEST, 236.94 FEET, AN ARC DISTANCE OF 10.69 FEET TO THE POINT OF BEGINNING. CONTAINING 26 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70047231, DATED APRIL 28, 2016) PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE NORTHERLY LINE OF VACATED RENTON AVENUE, FORMERLY KNOWN AS GOODWIN ROAD, VACATED BY THE BOARD OF KING COUNTY COMMISSIONERS JANUARY 14, 1946, AS DESCRIBED IN COMMISSIONERS RECORDS VOLUME 44, PAGE 22, WITH THE SOUTHWESTERLY LINE OF 91 ST PLACE SOUTH, FORMERLY KNOWN AS D C MITCHELL EXTENSION ROAD; THENCE SOUTH 41 °28'50" EAST ALONG THE SOUTHWESTERLY LINE OF SAID 91 ST PLACE EXTENSION, SOUTH 71.94 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, FOLLOWING CURVE TO THE RIGHT HAVING A RADIUS OF 236.94 FEET, A DISTANCE OF 10. 79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE ALONG SAID CURVE TO RIGHT A DISTANCE OF 104.10 FEET TO THE NORTH LINE OF SOUTH 133RD PLACE; THENCE ALONG SAID NORTH LINE SOUTH 89 °47'45" WEST 114.24 FEET,· THENCE NORTH 4 °26' 15'' WEST 56.03 FEE'r to A POINT PROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 62°59'45" EAST A DISTANCE OF 81.77 FEET; THENCE NORTH 62°59'45" EAST 81. 77 FEET TO THE TRUE POINT OF BEGINNING. 26 ROWDOCX Page 1 of1 :K.PG- TAcoMA· SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9163 Grantor(s): Yubing Liang-Mayton Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9163 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Yubing Liang-Mayton, as her separate estate (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 120 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9163 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9163 Dated: , 20___ Grantor: Yubing Liang-Mayton By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9163 INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me Yubing Liang-Mayton, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9163 AGENDA ITEM # 7. c) Parcel No. 420440026 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 4204400261 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 4204400261, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 420440026 2 DATED this day of , 2021. GRANTOR: Kranz Rainier Avenue Properties LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 420440-0261 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL'�" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL '�", SAID CORNER ALSO BEING ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTH 88° 47' 25" WEST ALONG THE NORTH LINE OF SAID PARCEL '�", 2.60 FEET TO A LINE THAT IS 45.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RAINIER AVENUE SOUTH; THENCE SOUTHERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 84 ° 03' 31" EAST, 5775.00 FEET, AN ARC DISTANCE OF 19.01 FEET TO SAID WESTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTH 01 ° 48' 37" EAST ALONG SAID WESTERLY MARGIN OF RAINIER AVENUE SOUTH, 18.86 FEET TO THE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70047247, DATED MAY 120, 2016) THAT PORTION OF THE NORTH 130 FEET OF BLOCK 53, N.H. LA TIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WASHINGTON, AS MEASURED ALONG THE EAST LINE OF SAID BLOCK, LYING EASTERLY OF 91 ST PLACE SOUTH; TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF VACATED SOUTH 130TH STREET ADJOINING SAID BLOCK 53 ON THE NORTH, LYING BETWEEN THE EASTERLY LINE OF 91ST PLACE SOUTH AND THE EAST LINE OF SAID BLOCK 53 PRODUCED NORTHERLY; EXCEPT THAT PORTION, IF ANY, OF SAID VACATED STREET WITHIN PRIMARY STATE HIGHWAY NO. 5. S"-)Cf-20 35 ROWDOCX Page 1 of1 ::KPG- TAcoMA• SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel Nos. 420440-0261 & 420440-0262 Grantor(s): Kranz Rainier Avenue Properties, LLC Grantee(s): City of Renton Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Assessor’s Tax Parcel Numbers: 420440-0261 and 420440-0262 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,849 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 Dated: , 20___ Grantor: Kranz Rainier Avenue Properties LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 420440-0261 Page 1 of ( 6 ) Pages Grantor(s): Kranz Rainier Avenue Properties, LLC Grantee(s): City of Renton Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Assessor’s Tax Parcel Number: 420440-0261 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Kranz Rainier Avenue Properties LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) Parcel No. 4204400225 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Precision Motors, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 4204400225 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Precision Motors, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 4204400225, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 4204400225 2 DATED this day of , 2021. GRANTOR: Precision Motors, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 420440-0225 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A" LYING EASTERLY OF A LINE THAT JS 45.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH. CONTAINING 802 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER T/COR TITLE COMPANY ORDER NO. 70047245, DATED MAY 10, 2016) THAT PORTION OF BLOCK 48, N.H. LA TIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WASHINGTON, AND OF VACATED SOUTH 130TH STREET, FORMERLY JUDSON STREET, ADJOINING DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF CENTER LINE OF SOUTH 130TH STREET WITH WESTERLY LINE OF PRESENT PRIMARY STATE HIGHWAY NO. 5; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO ITS INTERSECT/ON WITH THE EASTERLY LINE OF 91ST PLACE SOUTH, FORMERLY RAINIER BOULEVARD; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO SAID CENTER LINE OF SOUTH 130TH STREET; THENCE EAST ALONG SAID CENTER LINE TO BEGINNING. 4 -Z°l-2-0 36ROW.DOCX Page 1 of 1 :K'.PG- TAcoMA· SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 420440-0225 Grantor(s): Precision Motors, LLC Grantee(s): City of Renton Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Assessor’s Tax Parcel Number: 420440-0225 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Precision Motors, LLC, a Washington Limited Liability Company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 856 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 420440-0225 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 420440-0225 Dated: , 20___ Grantor: Precision Motors, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 420440-0225 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 420440-0225 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 420440-0225 Page 1 of ( 6 ) Pages Grantor(s): Precision Motors, LLC Grantee(s): City of Renton Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Assessor’s Tax Parcel Number: 420440-0225 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Precision Motors, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Precision Motors, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 5 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 6 of ( 6 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 420440-0210 Grantor(s): Florinel & Antonela Polotanu Grantee(s): City of Renton Legal Description: Ptn of Blk 48, N.H. Latimer’s Lake Washington Plat, Vol. 6, P. 70, King County also Known as Lot 2, LLA No. LLA-018-80, Rec. 8012160467 Assessor’s Tax Parcel Number: 420440-0210 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Florinel Polotanu, who also appears of record as Florin Polotanu and Florinel F. Polotanu and Antonela Polotanu, husband and wife (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 456 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. Page 2 of ( 5 ) Pages Parcel No. 420440-0210 TEMPORARY CONSTRUCTION EASEMENT by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 420440-0210 Dated: , 20___ Grantor: Florinel Polotanu By Its Accepted and Approved City of Renton By Its Date INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 420440-0210 Grantor: Antonela Polotanu By Its Accepted and Approved City of Renton By Its Date INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 420440-0210 AGENDA ITEM # 7. c) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Safeway Inc., a Delaware corporation ACI Real Estate SPE 138, LLC, a Delaware limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 182305-9071; 000720-0199; 000720-0004 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Safeway Inc., a Delaware corporation, and ACI Real Estate SPE 138, LLC, a Delaware limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. AGENDA ITEM # 7. c) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 2 Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel Nos. 182305-9071; 000720-0199; 000720-0004, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. DATED this day of , 2021. GRANTOR: Safeway Inc. By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: AGENDA ITEM # 7. c) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 3 GRANTOR: ACI Real Estate SPE 138, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182305-9071 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 PER CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82 RECORDED UNDER KING COUNTY RECORDING NUMBER 8211239011, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 2 OF SAID LOT LINE ADJUSTMENT THAT ABUTS THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID LOT 2, 19.33 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 89 ° 52' 51" EAST, 676.50 FEET, AN ARC DISTANCE OF 20.02 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 88 ° 17' 19" WEST ALONG SAID SOUTH LINE, 19.59 FEET TO SAID EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE ALONG SAID EASTERLY MARGIN NORTHERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 89 ° 01' 27" EAST, 771.17 FEET, AN ARC DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. CONTAINING 389 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND 11 OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO. 4640 RECORDED UNDER RECORDING NO. 9611150135; 10-Iz.-zI 2ROWDOCX Page 1 of1 :ICPG- TAcoMA· SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 Grantor(s): Safeway Inc. ACI Real Estate SPE 138, LLC Grantee(s): City of Renton Abbreviated Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Full Legal Description on pages: 6 – 11 Assessor’s Tax Parcel Numbers: 182305-9071; 000720-0199; 000720-0004 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Safeway Inc., a Delaware corporation and ACI Real Estate SPE 138, LLC, a Delaware limited liability company, (collectively “Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibits A-1, A-2, and A-3, does hereby grant to the City, a 340 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property and depicted on Exhibit B-1 for 182305-9071; a 1,741 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B-2 for 000720-0199; and a 772 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B-3 for 000720-0004, which are attached hereto and incorporated by this reference, for the purpose of completing roadway AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: , 20___ Grantor: Safeway Inc. By Its Grantor: ACI Real Estate SPE 138, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-1 FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9071 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND 11 OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO. 4640 RECORDED UNDER RECORDING NO. 9611150135; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 7 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 8 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-2 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0199 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) THAT PORTION OF THE H.H. TOBIN DONATION CLAIM NO. 37, AND THAT PORTION OF GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF TRACTS 12, 13 AND 14 OF RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS, ADJACENT TO SAID GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF VACATED LAKE AVENUE, PER CITY OF RENTON ORDINANCE NO. 4714, RECORDED UNDER KING COUNTY RECORDING NO. 9804220125, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVE (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVE); THENCE NORTH 88°40'50" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 577.61 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°19'10" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 88°40'50" WEST, A DISTANCE OF 8.98 FEET TO A POINT ON THE SOUTHEASTERLY MARGIN OF LAKE STREET, ACCORDING TO SAID RENTON SHORELANDS MAPS, SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57°59'28" WEST; THENCE NORTH 57°59'28" WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID LAKE STREET, SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57°59'28" WEST HAVING A RADIUS OF 224.69 FEET; THENCE ALONG SAID CENTERLINE CURVE NORTHERLY AND EASTERLY AN ARC DISTANCE OF 24.56 FEET THROUGH A CENTRAL ANGLE OF 06°15'45"; THENCE RADIALLY NORTH 64°15'13" WEST 30.00 FEET TO A POINT ON THE NORTHERLY MARGIN OF SAID LAKE AVENUE; THENCE NORTH 88°19'25" WEST 61.83 FEET; THENCE SOUTH 00°07'37" WEST 189.91 FEET TO A POINT ON THE NORTH MARGIN OF SAID SOUTH 3RD STREET; THENCE SOUTH 88°40'50" EAST 108.61 FEET ALONG SAID NORTH MARGIN TO THE TRUE POINT OF BEGINNING; (NOW KNOWN AS LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-99-089- LLA, RECORDED UNDER RECORDING NO. 20000111900006). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 9 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 10 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-3 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0004 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT C, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-03-090-LLA, RECORDED UNDER RECORDING NO. 20031117900011, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 11 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 1 of ( 10 ) Pages Grantor(s): Safeway Inc. ACI Real Estate SPE 138, LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Full Legal Description on pages 5-10 Assessor’s Tax Parcel Number: 182305-9071; 000720-0199; 000720-0004 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Safeway Inc., a Delaware corporation, and ACI Real Estate SPE 138, LLC, a Delaware limited liability company for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit A, (the “Utility/Slope Easement”) and depicted in Exhibit B, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 2 of ( 10 ) Pages owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1.Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2.Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3.The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4.This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5.It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 3 of ( 10 ) Pages Dated: , 20___. Grantor: Safeway Inc. By _____________________________________ Its CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 4 of ( 10 ) Pages Grantor: ACI Real Estate SPE 138, LLC By _____________________________________ Its CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 5 of ( 10 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 6 of ( 10 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 7 of ( 10 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 8 of ( 10 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 9 of ( 10 ) Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 10 of ( 10 ) Pages AGENDA ITEM # 7. c) Parcel No. 1823059087 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor’s Tax Parcel ID#: The Carney Investment Group LLC, a limited liability company City of Renton, a municipal corporation of the State of Washington Ptn of NE¼ SE¼ Section 18-23N-5E Exhibit A 1823059087 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), The Carney Investment Group LLC, a limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059087, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 1823059087 2 DATED this day of , 2021. GRANTOR: The Carney Investment Group LLC By: ______________________________ Its: ______________________________ (Corporation) STATE OF WASHINGTON } }SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By:Date: AGENDA ITEM # 7. c) EXHIBIT PARCEL NO. 182350-9087 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID PARCEL 'W', 19.01 FEET; THENCE SOUTH 03 ° 57' 35" WEST, 14.32 FEET,· THENCE SOUTH 12 ° 50' 53" WEST, 32.36 FEET,· THENCE SOUTH 03 ° 57' 35" WEST, 32.51 FEET,· THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 86 ° 02' 27" EAST, 757.17 FEET, AN ARC DISTANCE OF 29.85 FEET; THENCE SOUTH 17 ° 15' 35" EAST, 16.92 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88 ° 17' 19" WEST ALONG SAID SOUTH LINE, 19.33 FEET TO SAID EASTERLY MARGIN OF RAINIER A VENUE SOUTH; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN OF RAINIER AVENUE SOUTH ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 89 ° 29' 20" EAST, 771.17 FEET, AN ARC DISTANCE OF 46.41 FEET; THENCE CONTINUING ALONG SAID EASTERLY MARGIN OF RAINIER A VENUE SOUTH NORTH 03 ° 57' 35" EAST, 78.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1,936 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER RAINIER TITLE COMPANY ORDER NO. 794671, DATED MAY 26,2021) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5, 129.5 FEET SOUTH OF THE SOUTHERLY LINE OF CEDAR RIVER PIPE LINE, SAID POINT BEING 2721.62 FEET EAST AND 16.8 FEET NORTH OF THE WESTERLY QUARTER CORNER OF SAID SECTION; THENCE SOUTH 88 °17'25" EAST 225.16 FEET,· THENCE SOUTH 03 °57'35" WEST 124.49 FEET; THENCE NORTH 88 °17'25" WEST 223. 76 FEET TO THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5; THENCE NORTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING; (ALSO KNOWN AS LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. 10-82, RECORDED UNDER RECORDING NUMBER 8211239011). 3ROWDOCX Page 1 of1 :K.PG- rAcoMA· SEATTLE A AGENDA ITEM # 7. c) B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9087 Grantor(s): The Carney Investment Group LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of NE¼ SE¼ Section 18-23N-5E Full Legal Description on page 5 Assessor’s Tax Parcel Number: 182305-9087 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between The Carney Investment Group LLC, a limited liability company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibit A, does hereby grant to the City, a 1,623 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9087 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9087 Dated: , 20___ Grantor: The Carney Investment Group LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9087 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9087 EXHIBIT A FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9087 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5, 129.5 FEET SOUTH OF THE SOUTHERLY LINE OF CEDAR RIVER PIPE LINE, SAID POINT BEING 2721.62 FEET EAST AND 16.8 FEET NORTH OF THE WESTERLY QUARTER CORNER OF SAID SECTION; THENCE SOUTH 88°17'25" EAST 225.16 FEET; THENCE SOUTH 03°57'35" WEST 124.49 FEET; THENCE NORTH 88°17'25" WEST 223.76 FEET TO THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5; THENCE NORTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING; (ALSO KNOWN AS LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. 10-82, RECORDED UNDER RECORDING NUMBER 8211239011); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9087 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9087 Page 1 of 7 Pages Grantor(s): The Carney Investment Group LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of NE¼ SE¼ Section 18-23N-5E Full Legal Description on pages 5 - 6 Assessor’s Tax Parcel Number: 182305-9087 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), The Carney Investment Group LLC, a limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit A, (the “Utility Easement”) and depicted in Exhibit B, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 2 of 7 Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1.Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2.Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3.The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4.This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5.It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 3 of 7 Pages Dated: , 20___. Grantor: The Carney Investment Group LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 4 of 7 Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 5 of 7 Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 6 of 7 Pages AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 7 of 7 Pages AGENDA ITEM # 7. c) Parcel No. 182305-9234 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor’s Tax Parcel ID#: McDonald’s Corporation, a Delaware corporation City of Renton, a municipal corporation of the State of Washington Ptn of SEC 18, T23N, R5E, W.M. Exhibit A 182305-9234 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), McDonald’s Corporation, a Delaware corporation, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 182305-9234, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM # 7. c) Parcel No. 182305-9234 2 DATED this day of , 2021. GRANTOR: McDonald’s Corporation By: ______________________________ Its: ______________________________ (Corporation) STATE OF WASHINGTON } }SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By:Date: AGENDA ITEM # 7. c) A AGENDA ITEM # 7. c) 30 B AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9234 Grantor(s): McDonald’s Corporation Grantee(s): City of Renton Abbrev. Legal Description: Ptn of SEC 18, T23N, R5E, W.M. Full Legal Description on page 5 Assessor’s Tax Parcel Number: 182305-9234 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between McDonald’s Corporation, a Delaware corporation (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibit A, does hereby grant to the City, a 487 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9234 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9234 Dated: , 20___ Grantor: McDonald’s Corporation By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9234 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9234 EXHIBIT A FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9234 (PER RAINIER TITLE COMPANY ORDER NUMBER 794657, DATED MAY 26, 2021) THAT PORTION OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, WITHIN THE BED AND SHORES OF BLACK RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE DRAWN PARALLEL WITH AND 50 FEET SOUTHEASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ACCESS ROAD, RENTON AVENUE EXTENSION, A DISTANCE OF 150 FEET, MEASURED ALONG SAID PARALLEL LINE, FROM ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 75 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF PRIMARY STATE HIGHWAY NO. 5, SEATTLE TO RENTON; THENCE NORTHEASTERLY 150 FEET, ALONG SAID 50 FOOT PARALLEL LINE TO SAID 75 FOOT PARALLEL LINE; THENCE SOUTHERLY ALONG SAID 75 FOOT PARALLEL LINE 150 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID 75 FOOT PARALLEL LINE 105 FEET, MORE OR LESS, TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 26°10'00" WEST; THENCE NORTH 26°10'00" WEST 86 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9234 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9227 Grantor(s): Corner Investment Co. Grantee(s): City of Renton Legal Description: Ptn of SEC18, T23N, R5E, W.M. (Full Description on Page 5) Assessor’s Tax Parcel Number: 182305-9227 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Corner Investment Co., a Washington corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit “A” – Entire Parcel, attached hereto and incorporated by this reference, does hereby grant to the City, a 375 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “B”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9227 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9227 Dated: , 20___ Grantor: Corner Investment Co. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9227 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9227 EXHIBIT A LEGAL DESCRIPTION APN/Parcel ID: 182305-9227 AGENDA ITEM # 7. c) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9227 AGENDA ITEM # 7. c)