Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCouncil 08/17/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING August 17, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Ready in Renton Month - September 2009 4. SPECIAL PRESENTATION: Meritorious Service Award to Engine Crew 13 for Harrington Ave. Fire 5. PUBLIC HEARINGS: a. Vacation petition for a portion of right-of-way east of Lake Washington Blvd. N., south of N. 44th St.; Petitioner: Alpert International, LLLP b. Earrngton Annexation - 60% Petition to Annex and proposed zoning of approximately 101 acres located east of 80th Ave. S., and north of S. 134th St. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 8. 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 8/10/2009. Council concur. b. City Clerk reports bid opening on 8/12/2009 for CAG-09-139, S. 3rd St. & Shattuck Ave. S. Safety Improvement; eight bids; engineer's estimate $339,510; and submits staff recommendation to award the contract to the low bidder, End General Construction, Inc., in the amount of $325,826.56. Council concur. c. Court Case filed by Michael Todd, et al, represented by Breskin Johnson & Townsend, PLLC, The Rosen Law Firm, Bowler Law Office, PLLC, and Williamson & Williamson, Attorneys for plaintiffs, relating to the use of Automated Traffic Safety Cameras. Refer to City Attorney and Insurance Services. d. Community and Economic Development Department submits 10% Notice of Intent to annex petition for the proposed Kendall Annexation and recommends waiving the $2,500 filing fee and setting a public meeting on 9/14/2009 to consider the petition; 27.66 acres located south of NE 4th St, east of 152nd Ave. SE. Council concur. e. Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the Duvall South Annexation and recommends final approval of the annexation. Council concur. (See 10.e. for ordinance.) (CONTINUED ON REVERSE SIDE) f. Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the Honey Creek Estates Annexation and recommends final approval of the annexation and zoning. Council concur. (See 10.f. and 10.g. for ordinances.) g. Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the Sunset East Annexation and recommends final approval of the annexation and zoning. Council concur. (See 10.h. and 10.i. for ordinances.) h. Community and Economic Development Department recommends amending City Code to establish a permit fee for real estate sign kiosks, creating a Real Estate Kiosk Sign category, and authorizing the Real Estate Sign Kiosk Pilot Program for three years, unless extended. Refer to Planning and Development Committee; set public hearing on 9/14/2009. i. Community Services Department recommends approval of a Designated Fund Agreement in the amount of $596,320.65 with the Renton Community Foundation for designated funds for the Renton Senior Activity Center. Council concur. j. Fire and Emergency Services Department recommends adoption of a resolution proclaiming an emergency due to the Green River flood threat. Council concur. (See 10. for resolution.) k. Police Department recommends approval of the Amended and Restated Interlocal Agreement with the South Correctional Entity (SCORE) to create a new membership category for the City of Des Moines, and approval of an interlocal agreement with the cities of Auburn, Des Moines, and Federal Way that identifies Des Moines' obligation for debt service repayment to the member cities. Council concur. (See 10. for ordinance.) I. Public Works Department recommends approval of a sole source contract in the amount of $183,418 with Performance Construction Equipment, Inc. to purchase a Fintec 640 Mobile Screening Plant for the purpose of screening waste material. Refer to Finance Committee. m. Transportation Systems Division recommends approval of a ground lease in the amount of 78,002.22 per year, for a period of 35 years, with Renton Gateway Center, LLC for the construction and operation of a new hangar facility to continue to operate a fixed -base operation at the Renton Municipal Airport. Expenditure estimate: $475,000. Refer to Transportation (Aviation) Committee. n. Transportation Systems Division recommends approval of a Reimbursement Agreement in the amount of $55,000 with MClmetro Access Transmission for relocation of fiber optic facilities in advance of the City's Shattuck Ave. S. Stormwater Bypass construction project. Council concur. o. Utility Systems Division requests approval of the final special assessment district ordinance for the White Fence Ranch Sanitary Sewer Extension in the total amount of $1,300,556.39 with costs to be equitably distributed to those who benefit. Refer to Utilities Committee. 9. 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 topic may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers b. Planning and Development Committee: Land Use Fee Schedule Revisions* c. Transportation Committee: Speed Limit Revisions*; School Zone Flashing Caution Lights d. Utilities Committee: 2008 Long -Range Wastewater Management Plan 10. RESOLUTIONS AND ORDINANCES Resolution: Proclaiming a local emergency due to the Green River flood threat (See 8.j.) Ordinances for first reading: xe.G a. Approving the Earlington Annexation (See 5.b.) ✓4 b. Establishing R-8 zoning for the Earlington Annexation (See 5.b.) c. Establishing R-10 zoning for the Earlington Annexation (See 5.b.) d. Establishing R-14 zoning for the Earlington Annexation (See 5.b.) e. Approving the Duvall South Annexation (See 8.e.) (CONTINUED ON NEXT PAGE) f. Approving the Honey Creek Estates Annexation (See 8.f.) g. Establishing R-4 zoning for the Honey Creek Estates Annexation (See 8.f.) h. Approving the Sunset East Annexation (See 8.g.) i. Establishing R-4 zoning for the Sunset East Annexation (See 8.g.) j. Land Use Fee Schedule revisions (See 9.b.) k. Speed limit revisions (See 9.c.) Ordinance for first reading and advancement for second and final reading: Approving interlocal agreements regarding SCORE and the City of Des Moines (See 8.k.) Ordinances for second and final reading reading: a. Designate South Lake Washington as a local revitalization area (1st reading 8/10/2009) b. Designate Port Quendall as a local revitalization area (1st reading 8/10/2009) c. 2009 Budget amendment re: Emergency Management Performance Grant (1st reading 8/10/2009) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. EXECUTIVE SESSION (labor relations) 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER August 17, 2009 Monday, 5:00 p.m. Emerging Issues in Emergency Management; Regional Issues (including Rt. 153 local funding) COUNCIL CHAMBERS Approximately 6:15 p.m. Tolling Briefing by Washington State Department of Transportation • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM �1'rocCamation Whereas, September has been designated by the President of the United States of America and the Governor of the State of Washington as "National Preparedness Month" and coincides with the. City of Renton's "Ready in Renton" emergency preparedness campaign; and Whereas, the City of Renton. has experienced natural and human -caused disasters in the past, and scientific evidence indicates the City remains vulnerable to disasters in the future; and Whereas, the vision of the Renton Fire & Emergency Services Department is "Renton ... a City uniquely prepared and effectively protected;" and Whereas, investing in the preparedness of ourselves, our families, businesses, and communities can reduce fatalities and economic devastation in our community and in our nation; and. Wiereas, staying informed. is a vital part of responding appropriately to emergencies, and all Renton citizens are encouraged to participate in citizen preparedness activities and to review the "Ready in Renton" campaign materials at rentonwa.gov; and Whereas, "Ready in Renton" creates an important opportunity for every resident of the City of Renton to prepare their homes, businesses, and community for any type of emergency; and Now, therefore, I, Denis Law, Mayor of the City of Renton do hereby proclaim the month of September, 2009, to be: Ready in Renton WontFi In the City of Renton. In witness whereof, I have hereurr the City of Renton to be affixed this 17th .day of August, i Denis Law, Mayor of the City of Renton, Washington Renton City Hall • 1055 South Grady Way 9 Renton, W e seal of ZONING PUBLIC HEARING Earlington Potential Annexation Area August 17, 2009 This approximately 100-acre potential annexation area is located in the City's Potential Annexation Area at the western portion of the City limits. It is bounded South 1301h Street to the north, existing City limits to the east, approximately South 134th Street to the south, and South Langston Road and 80th Avenue South to the west. The area is currently designated with the King County Comprehensive Plan designation of Urban Residential Medium 4 — 12 du/acre. King County zoning in the area includes: R-6 zoning allowing six dwelling units per gross acre, R-8 zoning allowing eight dwelling units per gross acre, and R-12 zoning allowing twelve dwelling units per gross acre. The City of Renton Comprehensive Plan designations for the area are Residential Single Family (RSF) and Residential Medium Density (RMD). As shown on the map below, R-8, which allows eight dwelling units per net acre, zoning is proposed for the portions of the area designated with Residential Single Family. R-10 and R-14, which allow ten dwelling units and fourteen dwelling units per net acre respectively, are proposed for the portions of the area designated with Residential Medium Density. Council is holding this Public Hearing in order to give affected parties the opportunity to comment about the proposed zoning. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... AJLS/City Clerk Bonnie Walton Subject: Bid opening on August 12, 2009, for CAG-09-139, S. 3rd St. & Shattuck Ave. S. Intersection Safety Improvement Exhibits: Staff Recommendation Bid Tabulation Sheet (eight bids) Recommended Action: Council concur Al #: , For Agenda of: Auizust 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept..... Finance Dept. Other ............. Fiscal Impact: Expenditure Required... $325,826.56 Transfer/Amendment....... Amount Budgeted....... $ Revenue Generated......... Total Project Budget $420,000 City Share Total Project.. SUMMARY OF ACTION: Engineer's Estimate: $339,510 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities with the low bid. Therefore staff recommends acceptance of the low bid submitted by End General Construction, Inc. in the amount of $325,826.56. STAFF RECOMMENDATION: Accept the low bid submitted by End General Construction, Inc. in the amount of $325,826.56. X PUBLIC WORKS DEPARTMENT city of M E M O R A N D U M DATE: August 13, 2009 TO: Bonnie Walton, City Clerk CC: Peter Hahn, Deputy Administrator — Transportation Chris Barnes, Transportation Operations Manager FROM: Robert Hanson, Transportation Design Supervisor, x722 ��' STAFF CONTACT: James P. WilhoitJF, Project Manager (ext. 7319) SUBJECT: South 3rd Street and Shattuck Avenue South Intersection Safety Improvements Project Contract CAG-09-139 The Transportation Systems Division recommends that the South 3rd Street and Shattuck Avenue South Intersection Safety Improvements contract be awarded to End General Construction Inc., 28605 SE 216th Lane, Maple Valley, WA 98038 in the amount of $325,826.56. The low bid is within budget. There were eight bids submitted and opened on August 12, 2009 and there were no irregularities in the low bid. The contract provides all materials, equipment and labor for the construction of a complete traffic signal system, including concrete curb and gutter, sidewalk, drainage, and other work as required to complete the project. The project's 317 fund (2009) has budgeted a total of $420,000 for construction. The lowest bid submitted by End General Construction fell under the engineer's estimate of $339,510, with a difference of -$ 13,683.44 (4%). We feel this bid is a fair representation of the amount of work associated with this project. We are requesting Council Concur with this recommendation. Attachments H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\iwilhoit\shattuck\bidadv\3rdshattkContract Award Memo.doc soutn 3rd Street and Shattuck Avenue South Intersection Safety Improvements Project Contract CAG-09-139 8/12/09 Bid Results Engineer Estimate End General Construction, Inc Merino Bros. 14201 SE Petrovitsky Rd. A Renton, WA 98058 Archer ConsWction, Inc. 7855 S. 206th Street Kent, WA 98032 Pivetta Bros. Construction Inc. 1812 Pease Ave S.umner, WA 98390 Bid Statistics Item Description Quantity Unit of Measure Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Low High - Average 1 Minor Change 1 EST $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000:00 $ 3,000.00 $ 3,000.00 $ 3.000.00 2 Contractor Supplied 1 LS 8,000.00 8,000.00 6.490.00 6.490.00 6,100.00 6,100.00 7,000.00 7,000.00 4,300.00 4.300.00 4,300.00 8,000.00 6,033.75 3 Temporary Water 1 LS 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2.000.00 2.000.00 2,000.00 2,000.00 2,000.00 4 Spill Prevention Plan 1 EST 1,000.00 1,000.00 554.40 554.40 500.00 500.00 530.00 530.00 450.00 450.00 383.25 5,000.00 1,114.71 5 Pothole Utilities 1 EST -4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 6 Resolution of Utility Confii 1 EST 10,000.00 101000400 10,000.00 10,000. 00 10,000.00 10,000.00 10,000.00 10,000.00 10.000.00 10.000.00 10,000.00 10,000.00 10,000.00 7 Mobilization/Demobilization, 1 LS 20,000.00 20,000.00 24,327.22 24.327.22 23,760400 23,760.00 33.000.00 33,000.00 13,500.00 13,500.00 13,500.00 47,480.00 28,759.90 8 Project Temporary Traffic 1 LS 20,000.00 20,000.00 14,914.81 14,914.81 21,920.00 21,920. 00 50,000.00 50,000.00 18,500.00 18,500.00 14,914.81 78,830.00 40,395.60 9 Removal Of Structure And 1 LS 3,000.00 3,000.00 3.403.13 3,403.13 3,110.00 3,110.00 4,300.00 4.300.00 9.700.00 9.700.00 500.00 10,000.00 4,629.90 10 Sawcut 610 LF 8.50 5,185.00 15.08 9,198.80 3.00 1,830.00 3.80 2,318.00 2.00 1.220.00 2.00 15.08 4.91 11 Remove Cement Concrete 325 SY 20.00 6,500.00 8.40 2,730.00 11.60 3,770. 00 16.00 5,200.00 6.00 1,950.00 6.00 25.00 12.10 12 Remove Cement Concrete 325 LF 15.00 4,875.00 4.09 1,329.25 6.60 2,145.00 5.00 1.625.00 5.00 1,625.00 4.09 7.00 5.42 13 Remove Asphalt Concrete 360 SY 20.00 7,200.00 30.39 10,940.40 11.60 4,176. 00 10.00 3,600.00 8.00 2,880.00 8.00 30.39 14.76 14 Roadway Excavation Ind. 100 CY 85.00 8,500.00 29.96 21996,00 30.00 3,000.00 21.00 2,100.00 30.00 3,000.00 21.00 50.00 33.33 15 Crushed Surfacing Top 100 TON 30.00 3,000.00 24.29 2,429.00 31.50 3,150.00 30.00 3,000.00 30.00 3,000.00 24.29 45.00 32.22 16 Asphalt Treated Base 30 TON 75.00 2,250.00 153.40 4,602.00 165.00 4,950.00 182.00 5,460.00 174.00 5,220.00 150.00 200.00 171.18 17 HMA Cl. 1/2 In. PG 64-22 20 TON 100.00 2,000,00 203.93 4,078.60 165.00 3,300400 185.00 3,700.00 174.00 3,480.00 160.00 203.93 180.99 18 Storm Sewer Pipe, 12 Inch 236 LF 55.00 12,980.00 54.71 12,911.56 76.50 18,054.00 24.00 5,664.00 50.00 11,800. 00 24.00 - 83.00 56.90 19 Ductile Iron Pipe 12 In. Dia 112 LF 110.00 12,320.00 113.86 12,752.32 89.70 10.046.40 57.00 6,384.00 89.00 9.968.00 57.00 128.00 90.29 20 Catch Basin Type 1 7 EA 1,000.00 7,000.00 1,401.11 9,807.77 1,000.00 7,000.00 830.00 5,810.00 950,00 6,650,00 830.00 1,401.11 1,034.37 21 48" Type-11 CB 4 EA 3:500.00 14,000.00 3,051.08 12,204.32 3,242.00 12.968.00 1,725.00 6,900.00 2,250.00 9,000.00 1,725.00 4,000.00 2,623.36 22 Conned to Drainage 1 EA 800.00 800.00 593.36 593.36 650.00 650.00 470.00 470.00 531.00 531.00 470.00 1.212.24 744.58 23 Adjust Catch Basin 4 EA 900.00 3,600.00 290.32 1,161.28 325.00 1,300. 00 270.00 1,080.00 483.00 1,932.00 270.00 700.00 419.68 24 Adjust Utility to Grade 2 EA 500.00 1,000.00 290.32 580.64 200.00 400. 00 150.00 300.00 483.00 966.00 150.00 800.00 431.45 25 Hydrant Assembly 2 EA 5,000.00 10,000.00, 3,898.52 7,797.04 4,220.00 8,440. 00 4,500.00 9,000.00 3,750.00 7,500.00 - 3,129.29 4,500.00 3,774.73 26 Water Meter Box 2 EA 400.00 800.00 593.68 1,187.36 175.00 350.00 650.00 1,300.00 500.00 1,000.00 175.00 1,000.00 517.76 27 Cement Conc. Traffic Curb 370 LF 20.00 7,400.00 15.30 5,661.00 17.90 6,623.00 15.00 5,550.00 30.00 11,100.00 14.73 30.00 21.37 28 Cement Concrete Driveway 25 SY 50.00 1,250.00 25.40 660.00 51.00 1,275.00 31.00 77700 44.00 1,100.00 25.00 78.35 44.09 29 Cement Conc. Sidewalk 360 SY 35.00 12,600.00 20.84 7,502.40 42.10 15,156.00 21.20 7,632.00 39.00 14,040.00 20.84 42.10 30.94 30 Cement Sidewalk Ramp Type 8 EA 2,000.00 16,000.00 550.00 4,400.00 1,210.00 9,680.00 600.00 4,800.00 1.037.00 8,296.00 550.00 1,210.00 899.02 31 Traffic Signal System 1 LS 125,000.00 125,000.00 140,100.40 140,100.40 135,750.00 135,750.00 136,000.00 136,000.00 187,900.00 187,900.00 130.000.00 187,900.00 145,104.05 32 Plastic Slop Bar 60 LF 10.00 600.00 4.40 264.00 8.00 480.00 5.00 300.00 5.00 300.00 4.00 8.00 5.30 33 Plastic Crosswalk Stripe 240 SF 10.00 2.400.00 3.30 792.00 4.50 1,080.00 3.50 840.00 3.50 840.00 3.00 5.00 3.98 34 Removing Plastic Crosswalk 250 SF 5.00 1,250.00 1.83 457.50 1.50 375.00 2.00 500.00 2.00 500.00 1.50 4.00 2.38 Grand Total: $339,510.00 $325,826.56 $330,338.40 $334,138.00 $ 361.248.00 Difference from Low Vendor: - 1 4.511.84 8,311.44 35,421.44 Safety Improvements Project Contract CAG-09.139 Engineer Construct Co Dennis R. Craig Constructior Rodarte Construction, Inc. R.W. Scott Construction Co., Inc. Bid Statistics 8/12/09 Bid Results Estimate 1621 Pease Ave PO Box 595 PO Box 1875 4005 West Valley Hwy N Suite A Sumner, WA 98390 Redmond, WA 98073 Auburn, WA 098057 Auburn, WA 98001 Item Description QuantityUnit of Measure Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Low High Average 1 Minor Change 1 EST $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3.000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 2 Contractor Supplied 1 LS 8,000.00 8,000,00 6,000.00 6.000. 00 5,880.00 5,880.00 4,500.00 4,500.00 8,000.00 8,000.00 4,300.00 8,000.00 6,033.75 3 Temporary Water 1 LS 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000. 00 2,000.00 2,000,00 2.000.00 2,000.00 2.000.00 2.000.00 2,000.00 4 Spill Prevention Plan 1 EST 1,000.00 1,000.00 5,000.00 5,000.00 383.25 383.25 500.00 500.00 1,000.00 1,000.00 383.25 5,000.00 1,114.71 5 Pothole Utilities 1 EST 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 6 Resolution of Utility Confli 1 EST 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000,00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 7 Mobilization/Demobilization. 1 LS 20,000.00 20,000.00 36,000.00 36,000.00 18,012.00 18.012.00 34,000.00 34.000.00 47,480.00 47,480.00 13,500.00 47,480.00 28,759.90 8 Project Temporary Traffic 1 LS 20,000.00 20,000.00 20.000.00 20,000.00 78,830.00 78,830.00 54,000.00 54,000.00 65.000.00 65,000.00 14,914.81 78,830.00 40,395.60 9 Removal Of Structure And 1 LS 3,000.00 3,000.00 10,000.00 10,000.00 2,026.10 2,026.10 500.00 500.00 4,000.00 4,000.00 500.00 10,000.00 4,629.90 10 Sawcut 610 LF 8.50 5,185.00 3.00 1,830.00 3.42 2,086.20 4.00 2,440.00 5.00 3,050.00 2.00 15.08 4.91 11 Remove Cement Concrete 325 SY 20.00 6,500.00 9.00 2,925.00 10.80 3,610.00 25.00 8,125.00 10.00 3,250.00 6.00 25.00 12.10 12 Remove Cement Concrete 325 LF 15.00 4,875.00 7.00 2,275.00 4.69 1,524.25 6.00 1,950.00 5.00 1,625.00 4.09 7.00 5.42 13 Remove Asphalt Concrete 360 SY 20.00 7,200.00 14.00 5,040.00 17.08 6,148. 00 12.00 4,320.00 15.00 5,400.00 8.00 30.39 14.76 14 Roadway Excavation Ind. 100 CY 85.00 8,500.00 37.00 3,700.00 28.71 2,871.00 50.00 5,000.00 40.00 4,000.00 21.00 50.00 33.33 15 Crushed Surfacing Top 100 TON 30.00 3,000.00 28.00 2,800.00 28.98 2,898.00 45.00 4,500.00 40.00 4,050.00 24.29 45.00 32.22 16 Asphalt Treated Base 30 TON 75.00 2,250.00 160.00 4,800.00 185.00 5,550.00 150.00 4,500.00 200.00 6,000.00 150.00 200.00 171.18 17 HMA CI. 1/2 In. PG 64-22 20 TON 100.00 2,000.00 160.00 3,200.00 185.00 3,700.00 175.00 3,500.00 200.00 4,000.00 160.00 203.93 180.99 18 Storm Sewer Pipe, 12 Inch 236 LF 55.00 12,980.00 83.00 19,588.00 49.99 11,797.64 42.00 9,912.00 75.00 17,700.00 24.00 83.00 56.90 19 Ductile Iron Pipe 12 In. Dia 112 LF 110.00 12,320.00 103.00 11.536.00 66.78 7,479.36 75.00 8,400.00 128.00 14,336.00 57.00 128.00 90.29 20 Catch Basin Type 1 7 EA 1,000.00 7,000.00 1,100.00 71700. 00 993.83 6,956.81 1,000.00 7,000.00 1.000.00 7,000.00 830.00 1,401.11 1,034.37 21 48"Type-11 CB 4 EA 3,500.00 14,000.00 2,500.00 10,000.00 2,218.83 8,875.32 2,000.00 8,000.00 4,000.00 16,000.00 1,725.00 4,000.00 2,623.36 22 Connect to Drainage 1 EA 800.00 800.00 500.00 500.00 1,212.24 1,212.24 1,000.00 1,000.00 1,000.00 1,000.00 470.00 1,212.24 744.58 23 Adjust Catch Basin 4 EA 900.00 3,600.00 700.00 2,800.00 339.13 1,356.52 350.00 1,400.00 600.00 2,400.00 270.00 700.00 419.68 24 Adjust Utility to Grade 2 EA 500.00 1,000.00 800.00 170.00 678.26 1,356.52 250.00 500.00 600.00 1,200.00 150.00 800.00 431.45 25 Hydrant Assembly 2 EA 5,000.00 10,000.00 3.500.00 7,000.00 3,129.29 6,258.58 3.200.00 6,400.00 4,000.00 8,000.00 3,129.29 4.500.00 3,774.73 26 Water Meter Box 2 EA 400.00 800.00 1,000.00 2.000.00 373.39 746.78 350.00 700.60 500.00 1,000.00 175.00 1,000.00 517.76 27 Cement Conc. Traffic Curb 370 LF 20.00 7,400.00 28.00 10,360.00 14.73 5,450.10 30.00 11,100.00 20.00 7,400.00 14.73 30.00 21.37 28 Cement Concrete Driveway 25 SY 50.00 1,250.00 47.00 1,175.00 78.35 1,958.75 50.00 1,250.00 25.00 625.00 25.00 78.35 44.09 29 Cement Conc. Sidewalk 360 SY 35.00 12,600.00 36.00 12,960.00 28.40 10,224.00 35.00 12.600.00 25.00 9,000.00 20.84 42.10 30.94 30 Cement Sidewalk Ramp Type 8 EA 2,000.00 16,000.00 1,200.00 9,600.00 845.16 6,761.28 1,000.00 8,000.00 750.00 6,000.00 550.00 1,210.00 899.02 31 Traffic Signal System 1 LS 125,000.00 125,000.00 140,600.00 140,600.00 141,482.00 141,482.00 149,000.00 149,000.00 130,000.00 130,000.00 130,000.00 187,900.00 145,104.05 32 Plastic Stop Bar 60 LF 10.00 600.00 5.00 300.00 4.00 240.00 6.00 360.00 5.00 300.00 4.00 8.00 5.30 33 Plastic Crosswalk Stripe 240 SF 10.00 2,400.00 4.00 960.00 3.00 720.00 5.00 1,200.00 5.00 1,200.00 3.00 5.00 _ 3.98 34 Removing Plastic Crosswalk 250 SF 5.00 1,250400 2.00 500.00 1.67 417.50 4.00 1,000400 4.00 1,000.00 1.50 4.00 2.38 Grand Total: $339,510.00 $361.749.00 $365,713.00 $374,657.00 $ 399,966.00 Difference from Low Vendor I 35,922.44 39,886.44 48,830.44 74,139.44 I 08/12/2009 City of Renton - r ransportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 1 of 12 .. +.. .> -: ' v+'�'^ , ztc. _ �`.:'. q % ' �i, ' `k ;4 - �+' L '. ..(x. t3,,_ -..... 'i" rN mar a,., ... - h} Bid. pate.. Sunda 12 0,0� = Engineer s Ertl General_Gonstcuctton, lnc Merllno_Bros = Areher,:Cohstruction; Inc: Y ,= Eng rieer James P Wilhoit Estimate:` 14201'$E Petroy'itsky Rd'A31321 7855 S 206th Stteet ton, WA; 00009-8058 .' Kent,'=WA; 00009-8032 ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 01 1040001321 Minor Change 1.00 EST 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 02 1050000001 Contractor Supplied 1.00 LS Surveying 8,000.00 8,000.00 6,490.00 6,490.00 6,100.00 6,100.00 7,000.00 7,000.00 03 1070006490 Temporary Water 1.00 LS Pollution/Erosion Control 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 04 1070007735 Spill Prevention Plan 1.00 EST 1,000.00 1,000.00 554.40 554.40 500.00 500.00 530.00 530.00 05 1070017001 Pothole Utilities 1.00 EST 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 06 1070017003 Resolution of Utility Confli 1.00 EST 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 07 1090000008 Mobilization/Demobilization, 1.00 LS Site Preparation & Clean-up 20,000.00 20,000.00 24,327.22 24,327.22 23,760.00 23,760.00 33,000.00 33,000.00 08 1100020002 Project Temporary Traffic 1.00 LS Control 20,000.00 20,000.00 14,914.81 14,914.81 21,920.00 21,920.00 50,000.00 50,000.00 09 2020500001 Removal Of Structure And 1.00 LS Obstruction 3,000.00 3,000.00 3,403.13 3,403.13 3,110.00 3,110.00 4,300.00 4,300.00 10 5040000004 Sawcut 610.00LF 8.50 5,185.00 15.08 9,198.80 3.00 1,830.00 3.80 2,318.00 11 2020000100 Remove Cement Concrete 325.00 SY Sidewalk 20.00 6,500.00 8.40 2,730.00 11.60 3,770.00 16.00 5,200.00 12 8040000005 Remove Cement Concrete 325.00 LF Curb and Gutter 15.00 4,875.00 4.09 1,329.25 6.60 2,145.00 5.00 1,625.00 13 2020000120 Remove Asphalt Concrete 360.00 SY Pavement 20.00 7,200.00 30.39 10,940.40 11.60 4,176.00 10.00 3,600.00 Haul 14 2030000310 Roadway Excavation Incl. 100.60CY Haul 85.00 8,500.00 29.96 2,996.00 30.00 3,000.00 21.00 2,100.00 15 4040005120 Crushed Surfacing Top 100.00TON 30.001 3,000.00 24.29 1 2,429.00 31.50 3,150.00 30.00 3,000.00 Run By: James P. Wilhoit 0 Generated by aSharpeSottProduct _e 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 2 of 12 �40M- .9,S706 pg'ine.qP9'1- Inc-Srir NN"EM U. ".0 Engineer -E-StinlAtO et James 007 en ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Course 16 Asphalt Treated Base 30.00TON 75.00 2,250.00 153.40 4,602.00 165.00 4,950.00 182.00 5,460.00 17 5040000114 HIVIA Cl. 1/2 In. PG 64-22 20.00TON 100.00 2,000.00 203.93 4,078.60 165.00 3,300.00 185.00 3,700.00 18 7040000029 Storm Sewer Pipe, 12 Inch 236.00 LF Diameter 55.00 12,980.00 54.71 12,911.56 76.50 18,054.00 24.00 5,664.00 412 hi. q9 �848888988 Buetile !Pam Pipe Boo 8.86 6F 0.86 8.0e 8.08 8.88 19 7040000003 Ductile Iron Pipe 12 In. Dia 112.00 LF 110.00 12,320.00 113.86 12,752.32 89.70 10,046.40 57.00 6,384.00 20 7050000029 Catch Basin Type 1- (incl. 0.00 EA Foundation rock) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20 7050000029 Catch Basin Type 1 7.00 EA 1,000.00 7,000.00 1,401.11 9,807.77 1,000.001 7,000.00 830.00 5,810.00 21 MOOMM CatcM Basin ! ypt: 2 - 48 , 0.00 ff%r__ With Coating U.VU U.UV 0.00 0.00 0.00 0.00 21 7050000006 48" Type -II CB 4.00 EA 3,500.00 14,000.00 3,051.08 12,204.32 3,242.00 12,968,00 1,725.00 6,900.00 Go eet tv Existi g B 8.80 EA Drainage Structure V.V. OV ..Vu 0.00 V.UU 0.00, 0.00 22 7050000056 Connect to Drainage 1.00 EA Structure 800.00 800.00 593.36 593.36 650.00 650.00 470.00 470.00 40 Aont eatch anin V. 8.80 -EA Manhole Frame and Cover V.VU 0.66 U.VU 6.66 6.66 6.ea 0.68 23 7050000012 Adjust Catch Basin 4.00 EA 900.00 3,600.00 290.32 1,161.28 325.00 1,300.00 270.00 1,080.00 124 78588888% Aeljust Wility te Grade e.88 EA- V.uu 0.00 U.uU 0.00 u.uU u.uu u.uu 24 7050000018 Adjust Utility to Grade 2.00 EA 500.00 1,000.00 290.32 580.64 200.00 400.00 150.00 300.00 25 7140000020 Hydrant Assembly 2.00 EA 5,000.00 10,000.00 3,898.52 7,797.04 4,220.00 8,440.00 4,500.00 9,000.00 26 Water Meter Box 2.00 EA 400.00 800.00 593.68 1,187.36 175.00 350.00 650.00 1,300.00 27 8070006700 Cement Conc. Traffic Curb 370.00 LF and Gutter 20.00 7,400.00 15.30 5,661.00 17.90 6,623.00 15.00 5,550.00 eament ekinnate nivuvvdy 6. R, Entrance Type 4 0.00 0.00 Run By: Jp--!s P. Wilhoit Generated by eSoftProduct 08/12/2009 City of Renton . ransportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No:CAG09-139 Bid Tabulation ,'age 3 of 12 '.'r:.:L".iT"�."M.,. _. .. ..e .{,'.x.. .. M 5..�:-.. R -:. ,�+'i. fifk ., , ny... .., .,..,''a 4• .,.. -.- _ ._ .... �eRi_'.: e's, =.u.S- -'S` ."''4.ii2'.., x^+wi%11'etty2':NY.m ,may" Bid Date Sunda 2 00 AM , , _ ° "r - En ` iheer s. ,End General:Construc�on Inc Merlmo rosy' Fi:° .:,'Archer;:Constructtori 'Inc. Y g 9 B _ , Engineer: James P _UVilhoit = Estimate': 14201:SE Petrovitsky Rd A31321 7855 S `206th Street r: a <. :.. ,,., ..::. ...,..77...�.. ._..,.-. � i on, WA ;00009.-8058 Kent; WA• 00009.8032 Rent ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 28 8060000009 Cement Concrete Driveway Entrance Type 4 25.00 SY 50.00 1,250.00 26.40 660.00 51.00 1,275.00 31.00 775.00 29 8140007055 Cement Conc. Sidewalk 360.00 SY 35.00 12,600.00 20.84 7,502.40 42.10 15,156.00 21.20 7,632.00 30 8140007058 Cement Sidewalk Ramp Type 1B 8.00 EA 2,000.00 16,000.00 550.00 4,400.00 1,210.00 9,680.00 600.00 4,800.00 31 8200006912 Traffic Signal System 1.00 LS 125,000.00 125,000.00 140,100.40 140,100.40 135,750.00 135,750.00 136,000.00 136,000.00 32 8220682924 Plastic Stop Bar 60.00 LF 10.00 600.00 4.40 264.00 8.00 480.00 5.00 300.00 33 8220006857 Plastic Crosswalk Stripe 240.00SF 10.00 2,400.00 3.30 792.00 4.50 1,080.00 3.50 840.00 Line 34 8220000205 Removing Plastic Crosswalk Line 250.00 SF 5.00 1,250.00 1.83 457.50 1.50 375.00 2.00 500.00 Sub -Total: 339,510.00 325,826.56 330,338.401 334,138.0 Grand Total: 339,510.00 325,826.56 330,338.40 334,138.00 Total Bid: 339,510.00 71 Calc/Entered Bid Diff.: 325,826.56 330,338.40 334,138.00 Difference from Low Vendor: 4,511.84 8,311.44 Total Subcontractors: Run By: James P. Wilhoit Generated by a SharpeSoft Product 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 4 of 12 ..-,� ,vm EZ TM,.. ... - ., y+.s ., .. ..Q v.0' -A'. ..Y f" ..".C" Y :t? .;`T- _. . � u<.:, �..: e? r�- 9 :, : , "-.*y q,".,x, �. _r`x ...�: :..:,., ..:-_. .. .. & .;5. BidDateSa�na �,-,.O AM 7,_ ,x Y., , _ rs„- Engineers:; Pivetta Bros.;Constructlon,,Construc0enms RT.Crai Corstruction: Inc' l ., . 9 .. Engineer Jaines P iNilhoit Estimate 1812 Pease Ave 1621. Pease Ave PO' Box 595 Sumner, WA 00009-8390: Sumner; WA 00009=8390 Redmond "WA 60609-8073 ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ni 01 1040001321 Minor Change 1.00 EST 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 02 1050000001 Contractor Supplied 1.00 LS Surveying 8,000.00 8,000.00 4,300.00 4,300.00 6,000.00 6,000.00 5,880.00 5,880.00 03 1070006490 Temporary Water 1.00 LS Pollution/Erosion Control 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 04 1070007735 Spill Prevention Plan 1.00 EST 1,000.00 1,000.00 450.00 450.00 5,000.00 5,000.00 383.25 383.25 05 1070017001 Pothole Utilities 1.00 EST 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 06 1070017003 Resolution of Utility Confli 1.00 EST 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 07 1090000008 Mobilization/Demobilization, 1.00 LS Site Preparation & Clean-up 20,000.00 20,000.00 13,500.00 13,500.00 36,000.00 36,000.00 18,012.00 18,012.00 08 1100020002 Project Temporary Traffic 1.00 LS Control 20,000.00 20,000.00 18,500.00 18,500.00 20,000.00 20,000.00 78,830.00 78,830.00 09 2020500001 Removal Of Structure And 1.00 LS Obstruction 3,000.00 3,000.00 9,700.00 9,700.00 10,000.00 10,000.00 2,026.10 2,026.10 10 5040000004 Sawcut 610.00LF 8.50 5,185.00 2.00 1,220.00 3.00 1,830.00 3.42 2,086.20 11 2020000100 Remove Cement Concrete 325.00SY Sidewalk 20.00 6,500.00 6.00 1,950.00 9.00 2,925.00 10.80 3,510.00 12 8040000005 Remove Cement Concrete 325.00 LF Curb and Gutter 15.00 4,875.00 5.00 1,625.00 7.00 2,275.00 4.69 1,524.25 13 2020000120 Remove Asphalt Concrete 360.00SY Pavement 20.00 7,200.00 8.00 2,880.00 14.00 5,040.00 17.08 6,148.80 Haul 14 2030000310 Roadway Excavation Incl. 100.00 CY Haul 85.00 8,500.00 30.00 3,000.00 37.00 3,700.00 28.71 2,871.00 15 4040005120 Crushed Surfacing Top 100.00TON 30.00 3,000.00 30.00 3,000.00 28.00 2,800.00 28.98 2,898.00 Run By: James P. Wilhoit ` , Generated by eSoftProduct 08/12/2009 City of Renton . ransportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 5 of 12 J-"A-z ; r"' ' -M' W'A. �v--i�% ,, WO CC nns �Oqva ;_te „SundayIHW, S P?in James P h�Estiffi4te: PO Box'595 Y, -WA 0000§- -nond Is mner, 000830 tirtfn or 8iio k6di WA 00009-8073 7 ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Course 16 Asphalt Treated Base 30.00TON 75.001 2,250.00 174.00 5,220.00 160.00 4,800.00 185.00 5,550.00 17 5040000114 HMA Cl. 1/2 In. PG 64-22 20.00 TON 100.00 2,000.00 174.00 3,480.00 160.00 3,200.00 185.00 3,700.00 18 7040000029 Storm Sewer Pipe, 12 Inch 236.00 LF Diameter 55.00 12,980.00 50.00 11,800.00 83.00 19,588.00 49.99 11,797.64 19 7040000003 Ductile Iron Pipe 12 In. Dia 0.00 LF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19 7040000003 Ductile Iron Pipe 12 In. Dia 112.00LF 110.00 12,320.00 89.00 9,968.00 103.00 11,536.00 66.78 7,479.36 20 7050000029 Catch Basin Type I- (incl. 0.00 EA Foundation rock) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20 7050000029 Catch Basin Type 1 7.00 EA 1,000.00 7,000.00 950.00 6,650.00 1,100.00 7,700.00 993.83 6,956.81 21 7050000033 Catch Basin Type 2 - 48", 0.00 EA With Coating 0.00 0.00� 0.00 0.00 0.00 0.00 0.00 21 7050000006 48" Type -II CB 4.00 EA 3,500.00 14,000.00 2,250.00 9,000.00 2,500.00 10,000.00 2,218.83 8,875.32 ?656066658 eu.11-tv"t -22 tv Existing 0,ick 6.6V F-/-% Drainage Structure V.WV U.uu 0.00 0.001 0.00 ve 22 7050000056 Connect to Drainage 1.00 EA Structure 800.00 800.00 531.00 531.00 500.00 500.00 1,212.24 1,212.24 2ii 4 9999999 Ae4wel Gaish ResiA 9F 9.99 SA Manhole Frame and Cover 6.80 8.661 6.66 6.66 0.66 U.VV 6.150- 23 7050000012 Adjust Catch Basin 4.00 EA 900.00 3,600.00 483.00 1,932.00 700.00 2,800.00 339.13 1,356.52 7658880618 Adjust Utility to 8rade 8.06 - EA 0.00 6.68 6.68 6.60 0.06 0.60 6.ee 24 7050000018 Adjust Utility to Grade 2.00 EA 500.00 1,000.00 483.00 966.00 800.00 1,600.00 678.26 1,356.52 25 7140000020 Hydrant Assembly 2.00 EA 5,000.00 10,000.00 3,750.00 7,500.00 3,500.00 7,000.00 3,129.29 6,258.58 26 Water Meter Box 2.00 EA 400.00 800.00 500.00 1,000.00 1,000.00 2,000.00 373.39. 746.78 27 8070006700 Cement Conc. Traffic Curb 370.00 LF and Gutter 20.00 7,400.00 30.00 11,100.00 28.00 10,360.00 14.73 5,450.10 '9A 8668666689 0.6651, Entrance Type 4 o: 6.60 6.66 6.66 0.60 6' V- 0- A RAI Run By: James P. Wilhoit 0 Generated by a SharpeSoft Product 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 6 of 12 i5 n-s' ei�'v,�E''^' 3.'Y G" _ X1,.. ,k,¢Pii3t,. e.':zs .N'. ni..'. ...: 1 ..,•r: Bid ate , y f ; :> _ ,. x .. g, ._ d' - y Engineer's. Pivetta l3ros Construct!on lnc 3.,.,Constri%ct Co �', ,perinis R Craig, C hstruction,lnc: 9 Engineer :James P :VUilhoit ;:: Estimate:. "`-1812 Pease Ave 1621 Pease AVe_ PO Box'595 Sumner, VITA r00009=8390 Sumner' WA: 00009-8390 . , ;Redmond WA`_.00009-8073 ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 28 8060000009 Cement Concrete Driveway 25.00SY Entrance Type 4 50.00 1,250.00 44.00 1,100.00 47.00 1,175.00 78.35 1,958.75 29 8140007055 Cement Conc. Sidewalk 360.00 SY 35.00 12,600.00 39.00 14,040.00 36.00 12,960.00 28.40 10,224.00 30 8140007058 Cement Sidewalk Ramp Type 8.00 EA 1B 2,000.00 16,000.00 1,037.00 8,296.00 1,200.00 9,600.00 845.16 6,761.28 31 8200006912 Traffic Signal System 1.00 LS 125,000.00 125,000.00 187,900.00 187,900.00 140,600.00 140,600.00 141,482.00 141,482.00 32 8220682924 Plastic Stop Bar 60.00 LF 10.00 600.00 5.00 300.00 5.00 300.00 4.00 240.00 33 8220006857 Plastic Crosswalk Stripe 240.00 SF 10.00 2,400.00 3.50 840.00 4.00 960.00 3.00 720.00 Line 34 8220000205 Removing Plastic Crosswalk 250.00 SF Line 5.00 1,250.00 2.00 500.00 2.00 500.00 1.67 417.50 Grand Total: 339,510.00 361,248.00 361,749.00 365,713.00 Total Bid: 339,510.00 Calc/Entered Bid Diff.: 361,248.00 361,749.00 365,713.00 Difference from Low Vendor: 35,421.44 35,922.44 39,886.44 Total Subcontractors: Run By: James P. Wilhoit *11 Generated by eSok Product 08/12/2009 5:20 pm Project Number: CAG 09-139 Contract No: CAG09-139 City of Renton n ransportation S 3rd St & Shattuck Ave S Intersection Safety Improvements Bid Tabulation Page 7 of 12 ...•�...:� ..4 -..,� : �5"r:w'1.- .{' .- �£.'��4"...`.` ... -.: �'. ..,- a T'i,":`^.a'1"r„��F_�. �`.. ,S..n�y .�^.-- 4::s?" '.t :Y-'44.a "4 - . n •- �;'. ' : , `{+'�.. i :.::.. i"'., . 'i ., arc : sze. `.5" ,.. '1-i: -:> a5;: <a.. _..,. t f ,: ., %h: ,. .p k _ « r.,- .'S st.. A... F.' - f' 6- Bid Date S.undayx� „ 12�OO AM? ;_ r* En meets Rpdarte Construct tSn Inc. �'? . R:W: Scoft ConstructiQf1 Inc.,. ineer James P _1Nilhoit :. ": E En g stimate - PO Box 1875 '. West Valley Hwy N Suite A 4005 Auburn,:'W 00009=8057 Auburn, WA 00009=8001 ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 01 1040001321 Minor Change 1.00 EST 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 0.00 0.00 02 1050000001 Contractor Supplied 1.00 LS Surveying 8,000.00 8,000.00 4,500.00 4,500.00 8,000.00 8,000.00 0.00 0.00 03 1070006490 Temporary Water 1.00 LS Pollution/Erosion Control 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 0.00 0.00 04 1070007735 Spill Prevention Plan 1.00 EST 1,000.00 1,000.00 500.00 500.00 1,000.00 1,000.00 0.00 0.00 05 1070017001 Pothole Utilities 1.00 EST 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 0.00 0.00 06 1070017003 Resolution of Utility Confli 1.00 EST 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 0.00 0.00 07 1090000008 Mobilization/Demobilization, 1.00 LS Site Preparation & Clean-up 20,000.00 20,000.00 34,000.00 34,000.00 47,480.00 47,480.00 0.00 0.00 08 1100020002 Project Temporary Traffic 1.00 LS Control 20,000.00 20,000.00 54,000.00 54,000.00 65,000.00 65,000.00 0.00 0.00 09 2020500001 Removal Of Structure And 1.00 LS Obstruction 3,000.00 3,000.00 500.00 500.00 4,000.00 4,000.00 0.00 0.00 10 5040000004 Sawcut 610.00 LF 8.50 5,185.00 4.00 2,440.00 5.00 3,050.00 0.00 0.00 11 2020000100 Remove Cement Concrete 325.00 SY Sidewalk 20.00 6,500.00 25.00 8,125.00 10.00 3,250.00 0.00 0.00 12 8040000005 Remove Cement Concrete 325.00LF Curb and Gutter 15.00 4,875.00 6.00 1,950.00 5.00 1,625.00 0.00 0.00 13 2020000120 Remove Asphalt Concrete 360.00 SY Pavement 20.00 7,200.00 12.00 4,320.00 15.00 5,400.00 0.00 0.00 Haul 14 2030000310 Roadway Excavation Incl. 100.00 CY Haul 85.00 8,500.00 50.00 5,000.00 40.00 4,000.00 0.00 0.00 15 4040005120 Crushed Surfacing Top 100.00TON 30.00 3,000.00 45.00 4,500.00 40.00 4,000.00 0.00 0.00 Run By: James P. Wilhoit ,„ Generated by aSharpeSottProduct 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 8 of 12 ..'. �. .. ... .rx -.. Bid#D,afe ,F�ay�,`'��12nU0�AM,��`t� g� � �.��µ - En ineer s- s _�Rodarte Goristruction�lnc W_.R�W�Scott Constructio'�� mow' '`s ��`'� � -_ ' Engineer James. P: Vlhlhoit;' Estimate PO Box 1875 4005 West Valley Hwy N Suite A ' A uburn;:VVA 00009=8057. Auburn, WA .00009=8001, ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Course 16 Asphalt Treated Base 30.00TON 75.00 2,250.00 150.00 4,500.00 200.00 6,000.00 0.00 0.00 17 5040000114 HMA Cl. 1/2 In. PG 64-22 20.00TON 100.00 2,000.00 175.00 3,500.00 200.00 4,000.00 0.00 0.00 18 7040000029 Storm Sewer Pipe, 12 Inch 236.00 LF Diameter 55.00 12,980.00 42.00 9,912.00 75.00 17,700.00 0.00 0.00 19 7040000003 Ductile Iron Pipe 12 In. Dia 112.00 LF 110.00 12,320.00 75.00 8,400.00 128.00 14,336.00 0.00 0.00 20 7050000029 Catch Basin Type 1- (incl. 0.00 EA Foundation rock) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20 7050000029 Catch Basin Type 1 7.00 EA 1,000.00 7,000.00 1,000.00 7,000.00 1,000.00 7,000.00 0.00 0.00 With Coating 9.09 21 7050000006 48" Type-11 CB 4.00 EA 3,500.00 14,000.00 2,000.00 8,000.00 4,000.00 16,000.00 0.00 0.00 Drainage Structure 22 7050000056 Connect to Drainage 1.00EA Structure 800.00 800.00 1,000.00 1,000.00 1,000.00 1,000.00 0.00 0.00 23 7050000009 Adjust Catch Basin or 0.00 EA Manhole Frame and Cover 0.00 0.00 0.00 0.00 0.00 0.00 0.00 23 7050000012 Adjust Catch Basin 4.00 EA 900.00 3,600.00 350.00 1,400.00 600.00 2,400.00 0.00 0.00 24 7050000018 Adjust Utility to Grade 2.00 EA 500.00 1,000.00 250.00 500.00 600.00 1,200.00 0.00 0.00 25 7140000020 Hydrant Assembly 2.00 EA 5,000.00 10,000.00 3,200.00 6,400.00 4,000.00 8,000.00 0.00 0.00 26 Water Meter Box 2.00 EA 400.00 800.00 350.00 700.00 500.00 1,000.00 0.00 0.00 27 8070006700 Cement Conc. Traffic Curb 370.00 LF and Gutter 20.00 7,400.00 30.00 11,100.00 20.00 7,400.00 0.00 0.00 -7 Entrance Type 4 Run By: James P. Wilhoit Generated by lesoftProduct 08/12/2009 City of Renton . eansportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation ?age 9 of 12 Birde; ' ... .,; v .-. . �, _ �.�'.. .. ,.i . �r,*,�" ,.T+�:€mw°�"`�'y � ...�� '.�r£-'� :.t��"� `�Ye:Y' ,;:`-'?€-�"..a--�.;.�`�`5e",4N"r°� •u+.�7."'a%k�i = ki.. ' n'if v -- 't"¢.'� tN"�``' -.ra' -ris ;v, �mr ys`. -D�a e�,_s,S n a �;,r � �.. �2 Q � :sue �',��, �'� ;. ;#En meer°sr: �: ==rRodarte-Construction-Inc?•�==R:W:°ScoftyConstructiom'•oml�_=; � t �� Erig`irieer - :James P ;VVilhoit : ; Estimate PO Box 1875;` 4005 West Vapey Hwy N Surte A _-NAubum,;WA.00009-8057''. - Auburn WA;00009-8001,. ITEM ITEM CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 28 8060000009 Cement Concrete Driveway 25.00 SY Entrance Type 4 50.00 1,250.00 50.00 1,250.00 25.00 625.00 0.00 0.00 29 8140007055 Cement Conc. Sidewalk 360.00 SY 35.00 12,600.00 35.00 12,600.00 25.00 9,000.00 0.00 0.00 30 8140007058 Cement Sidewalk Ramp Type 8.00 EA I 2,000.00 16,000.00 1,000.00 8,000.00 750.00 6,000.00 0.00 0.00 31 8200006912 Traffic Signal System 1.00 LS 125,000.00 125,000.00 149,000.00 149,000.00 130,000.00 130,000.00 0.00 0.00 32 8220682924 Plastic Stop Bar 60.00 LF 10.00 600.00 6.00 360.00 5.00 300.00 0.00 0.00 33 8220006857 Plastic Crosswalk Stripe 240.00 SF 10.00 2,400.00 5.00 1,200.00 5.00 1,200.00 0.00 0.00 Line 34 8220000205 Removing Plastic Crosswalk 250.00SF Line 5.00 1,250.00 4.00 1,000.00 4.00 1,000.00 0.00 0.00 Grand Total: 339,510.00 374,657.00 399,966.00 Total Bid: 339,510.00 Calc/Entered Bid Diff.: 374,657.00 399,966.00 Difference from Low Vendor: 48,830.44 74,139.44 Total Subcontractors: Run By: James P. Wilhoit „ Generated by a SharpeSolt Product 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 10 of 12 - �.�q., S,:�r .._..� r .ter - ,�.. a,; :, u � z �"c � �r�� : s ,3,^,.t :. ••e�.+N�;.v2�:�„ �*�r d:�... sQ ... �. '+vac-- z•..t``y�,. ti�'�` , � • . "�° '�`c.;" �2, �' �� `� `'* '�",— �"'t .�'.' ,,�� _ ''_ � '"yam!... �-, :F'�"'L�.. � t �`` � .� "1 �. .z�y'k_ � �",' t � .. n ''".� BidDate �• Sunday �- i} ,M 12OOP�M� � v=�� ; ^� _ �3. - Enggieer Jarnes P W�Ihoit Ell Statistics '� ,: g ITEM ITEM CODE DESCRIPTION QUANTITY UNIT Low High Avg 01 1040001321 Minor Change EST I01 1040001321 Minor Change 1.00 EST I 3,000.001 3,000.001 3,000.O01 IO2 1050000001 Contractor Supplied Surveying 1.00 LS I 4,300.00 8,000.001 6,033.751 I03 1070006490 Temporary Water Pollution/Erosion Control 1.00 LS 2,000.00 2,000.00 2,000.00 04 1070007735 Spill Prevention Plan LS I04 1070007735 Spill Prevention Plan 1.00 EST I 383.251 5,000.001 1,114.711 05 1070017001 Pothole Utilities 1.00 EST 1 4,000.00 4,000.00 4,000.00 106 1070017003 Resolution of Utility Confli 1.00 EST I 10,000.001 10,000.001 10,000.001 I07 1090000008 Mobilization/Demobilization, Site Preparation & Clean-up 1.00 LS I 13,500.00 47,480.001 28,759.90 I08 1100020002 Project Temporary Traffic Control 1.00 LS 14,914.81 78,830.00 40,395.60 I09 2020500001 Removal Of Structure And Obstruction 1.00 LS 500.00 10,000.00 4,629.90 10 5040000004 Sawcut 610.00 LF 2.00 15.08 4.91 I11 2020000100 Remove Cement Concrete Sidewalk 325.00 SY I 6.00 25.001 12.10 12 8040000005 Remove Cement Concrete Curb and Gutter 325.00 LF 4.09 7.00 5.42 I13 2020000120 Remove Asphalt Concrete Pavement 360.00 SY 8.00 30.39 14.76 I14 2030000310 Roadway Excavation Incl. Haul CY I14 2030000310 Roadway Excavation Incl. Haul 100.00CY 21.00 50.00 33.33 Run By: James P. Wilhoit , , Generated by )eSoft Product 08/12/2009 City of Renton . ransportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Bid Tabulation Contract No: CAG09-139 'age 11 of 12 Bi Date�Sund t , 12, OA'M s„ z r 4 Erigjrieer James R .Wilhoit Bid StatistIC S ITEM ITEM CODE DESCRIPTION QUANTITY UNIT Low High Avg 15 4040005120 Crushed Surfacing Top 100.00 TON Course 24.29 45.00 32.22 16 Asphalt Treated Base 30.00TON 150.00 200.00 171.18 I17 5040000114 HMA Cl. 1/2 In. PG 64-22 20.00TON I 160.00I 203.93I 180.99I I18 7040000029 Storm Sewer Pipe, 12 Inch 236.00 LF Diameter I 24.00 83.00I 56.90I 19 7040000003 Ductile Iron Pipe 12 In. Dia LF I19 7040000003 Ductile Iron Pipe 12 In. Dia 112.00 LF I 57.00I 128.00I 90.29I I20 7050000029 Catch Basin Type 1- (incl. EA Foundation rock) 20 7050000029 Catch Basin Type 1 7.00EA 830.00 1,401.11 1,034.37 I21 7050000033 Catch Basin Type 2 - 48", EA With Coating 21 7050000006 48" Type-11 CB 4.00 EA 1,725.00 4,000.00 2,623.36 I22 7050000056 Connect to Existing Brick EA Drainage Structure I22 7050000056 Connect to Drainage 1.00 EA Structure I23 7050000009 Adjust Catch Basin or EA Manhole Frame and Cover 470.00 1,212.24 744.58 23 7050000012 Adjust Catch Basin 4.00 EA 270.00 700.00 419.68 124 7050000018 Adjust Utility to Grade EA 24 7050000018 Adjust Utility to Grade 2.00 EA 150.00 800.00 431.45 125 7140000020 Hydrant Assembly 2.00 EA I 3,129.291 4,500.001 3,774.731 26 Water Meter Box 2.00 EA 175.00I 1,000.00 517.761 I27 8070006700 Cement Conc. Traffic Curb 370.00 LF Iand Gutter I 14.73I 30.001 21.371 Run By: James P. Wilhoit Generated by a SharpeSoft Product 08/12/2009 City of Renton - Transportation 5:20 pm S 3rd St & Shattuck Ave S Intersection Safety Improvements Project Number: CAG 09-139 Contract No: CAG09-139 Bid Tabulation Page 12 of 12 Bid Statisticsames�P-,W ilftbit Engineer:. J ITEM ITEM CODE DESCRIPTION QUANTITY UNIT Low High Avg 1 I 28 8060000009 Cement Concrete Driveway SY Entrance Type 4 28 8060000009 Cement Concrete Driveway 25.00SY Entrance Type 4 25.00� 78.351 44.09 1 29 8140007055 Cement Conc. Sidewalk 360.00 SY 20.841 42.101 30.941 30 8140007058 Cement Sidewalk Ramp Type 8.00 EA 16 I 550.00 1,210,001 899.021 31 8200006912 Traffic Signal System 1.00 LS 1 130,000.00 187,900.001 145,104.015 32 8220682924 Plastic Stop Bar 60.00LF I 4.001 8.001 5.301 33 8220006857 Plastic Crosswalk Stripe 240.00 SF 3.001 5.001 3.981 34 8220000205 Removing Plastic Crosswalk SF Line 34 8220000205 Removing Plastic Crosswalk 250.00 SF Line 1.501 4.001 2.381 I I Grand Total: 1 190,422.801 371,988.201 256,193.021 Run By: JP —es P. Wilhoit Generated by ieSoft Product 0 CITY OF RENTON BID TABULATION SHEET ZOJECT: S. 3rd St. & Shattuck Ave. S. Intersection Safety Improvement Project; Page 1 CAG-09-139 DATE: August 12, 2009 FORMS BID BIDDER Bid Bond/ Triple Addendum Schedule Proposal Form 1-2 of Prices "Includes Sales Tax Construct Co. 1621 Pease Ave. Sumner, WA 98390 x x x x - $361,749.00 Cy Morse Dennis R. Craig Construction P.O. Box 595 Redmond, WA 98073-0595 x x x x $365,713.00 Janie Craig End General Construction, Inc. 28605 SE 216th Ln. Maple Valley, WA 98038 x x x x $325.826.56 Darcee Sanders Terlino Brothers, LLC ,201 Petrovitsky Rd, #A3-321 Renton, WA 98058 x x x x $330,338.40 Nick Merlino Pivetta Brothers Construction P.O. Box 370 Sumner, WA 98390 x x x x $361,248.00 Mark Pivetta Rodarte Construction P.O. Box 1875 Auburn, WA 98071 x x x x $374,657.00 JR Rodarte RW Scott Construction Co. 4005 West Valley Hwy, Ste. A Auburn, WA 98001 x x x x $399,966.00 Jeff Scott Archer Construction 7855 S. 206th St. Kent, WA 98032 x x x x - $334,138.00 Allyson D. Gregersen 7NGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $339,510.00 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: AJLS/City Clerk Bonnie Walton CRT-09-004; Court Case Michael Todd, et al vs. City of Auburn, et al (including the City of Renton) Exhibits: Summons, Complaint, and Requests for Production of Documents to All Defendants Al #: C . For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............ Resolution........... Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Legal Dept......... Refer to City Attorney and Insurance Services Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons, First Amended Class Action Complaint for Conversion, Unjust Enrichment, Malicious Prosecution/Abuse of Process, Violation of Consumer Protection Act and Other Statutory Violations, Restitution, and Injunctive and Declaratory Relief; filed in Superior Court of the State of Washington, County of King by Michael Todd, et al, represented by Breskin Johnson & Townsend, PLLC, The Rosen Law Firm, Bowler Law Office, PLLC, and Williamson & Williamson, Attorneys for Plaintiffs, relating to the use of Automated Traffic Safety Cameras. X 1 2 3 4 5 6 7 8I 9 10 II 12 '3 14 15 16 17 Ic 19 2Q 21 22 23 24 25 26 E. Q C.. 7 f a a E, T i L CITY OF RENT©W AUG 112009 RITC CITY CLERK'S OFFICE Vla AW �eg4l Svcs -,/.,.3a f,M., Vd IN THE SUPERIOR COURT KING COUNTY, STATE OF WASHINGTON MICHAEL TODD, GREGORY ) No.: 09-2-24060-4 SEA STACKHOUSE, STEVE BLAI, VONDA } SARGENT, MAX HARRISON, ZOANN ) CHASE -BILLING, OGNJEN PANDZIC, 1 SUMMONS SEU?vGRAN CHWE, DANIEL WU, ) MARCUS NAYLOR, MELISSA MILLER_, ) LEN JOHNSON, ASHLEY ALM, JIM j AM1ES, BLANCA ZAMORA; CHARLES ) MAEL, SOMER CHACON, BRAD } HAMPTON], NICHOLAS JUHL, ) GEORGFNA I-UKE, JUDITH STREDICKE, ) SHEL i EY NEWMAN, MARK ) CONTR.ATTO, ANEVA FREEMAN, CHRIS) Liiv� LR1y �A ClL;,JL, J1M AB; CATHER,�]E IWAKIRI, VICKI WAGNER, ) CODY EDWARDS, JULIE WILLIAMS, ) MICHAEL SALOKAS, BARBARA ) KELLER, CR AIG COATES, CHRIS } SPER-LICH, LORi FLEMING, BEN ) BACCARELLA, DALTON SHOTWELL, ) JERE KNUDTSEN, BELINDA RIBA and ) GREIG FAHNLANDER, individually and on) behalf of two classes of similarly situated ) persons, ) Plaintiffs, ) vs. ) ) THE CITIES OF ABERDEEN, AUBURN, ) SUMMONS - 1 CC I ZaAerH x Fon4es xeVlrt jni lose ✓ic% �)ancr earl son AI A—Af 1_41LO BRESKIN JOHNSON TOWNSEND—c 1111 Third Avenue. Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 L 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 BELLEVUE, BONNEY LAKE, ) BREMERTON, BURIEN, FEDERAL WAY, ) FIFE, ISSAQUAH, LACEY, LAKE FOREST) PARK, LAKEWOOD, LYNNWOOD, ) MONROE, MOUNTLAKE TERRACE, ) PUYALLUP, RENTON, SEATAC, ) SEATTLE, SPOKANE, TACOMA, ) WENATCHEE and the COUNTY OF ) PIERCE; as well as AMERICAN TRAFFIC ) SOLUTIONS (d/b/a "ATS"); AMERICAN ) TRAFFIC SOLUTIONS, LLC (d/b/a "ATS ) SOLUTIONS") and REDFLEX TRAFFIC ) SYSTEMS, INC., ) 1 i Defendants. ) THE STATE OF WASHINGTON TO: THE CITIES OF ABERDEEN, AUB-T RIN, BELLEV-1-JE, BONNEY LAKE, BREMERTON, BURIEN, FEDERA1_, WAY, FIFE, ISSAQUAH, LACEY, LAKE FOREST PARK, LAKEWOOD, LYNNWOOD, MONROE, MOSES LAKE, MOIINTLA.KE TERRACE, PUYALLUP, RENTON, SEATAC, SEATTLE, SPOKANE, TACOMA, WE NATCNEE and the COUNTY OF PIERCE, as well as AM-RiCAN T RATr'FIC SOLUTIONS (ti/b/a "ATS"), AMERICAN TRAFFIC SOLUTIONS, LLC (d/b/a "ATS SOLUTIONS"), AND, RE, DFLEX TRAFFIC SYSTEMS,JNC., Defendants. A lawsuit has been started against you in the above -entitled Court by the plaintiffs. Plaintiffs' claims are stated in the written Complaint, a copy of which is served upon you with this Summons. hi order to defend against the lawsuit; you must respond to the Complaint by stating your defense in writing, and serve a copy upon the undersigned attorney for the Plaintiffs within twenty (210) days after the service of this Summons, or within sixt)l (60' days if this Summons was served outside the State of Washington, excluding the day of service, or a default judgment may be entered against you .vithout notice. A default judgment is one where the Plaintiffs are entitled to what has been asked for because you have not responded. If you serve a notice of appearance on the undersigned attorney; you are entitled to notice before a default judgment may be entered. SUMMONS - 2 BRESKIN JOHNSON TOWNSEND-( 1111 Third Avenue, Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 S 1 2 3 4 5 6 8 9 10 ]1 12 13 14 15 16 17 t^ 19 20 21 22 23 24 25 26 If you wish to seek the advice of an attorney in this matter; you should do so promptly so that your written response, if any, may be served on time. THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington.] .2 State law provides that the fines for camera traffic tickets cannot exceed the amount of fines for parking tickets in each local government's jurisdiction. DATED thi,day of July, 2009. SUMMONS - 3 BRESION JOHNSON & TOWNSEND PLLC _ J David E. Breskin, WSBA No. 10607 THE ROSEN LAW FIRM Steven Rosen.WSBA No. 26034 Andrea Robertson. `WSBA No. 28195 BOWLER LAW OFFICE, PLLC dish A. Bowler, WSBA No. 17088 WILIJ MSON & WILLIAMS Rob Williamson, WSBA No. 11387 Kim Williams. WSBA No. 9077 Aitom,—ys for Plaintiffs BRESKIN JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 i 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE SUPERIOR COURT KING COUNTY, STATE OF WASHINGTON MICHAEL TODD, GREGORY ) STACK -HOUSE, STEVE BLAI, VONDA ) SARGENT, MAX HARRISON, ZOANN ) CHASE -BILLING, OGNJEN PANDZIC, } SEUNGRAN CHWE, DANIEL _W'U, ) MARCUS NAYLOR, MELISSA MILLER, ) LEN JOHNSON, ASHLEY ALM, JM, ) AMES, BLANCA ZAMORA, CHARL.ES ) MA E L, SOMER CHACON, BRAD } HA_MPTON, NICHOLAS "UHL, 1 GEORGINA LUKE, JUDITH STTREDICKE, ) SHELLE Y NEWMAN, MARK } CONTP.ATTO, ANEVA FREEMAN, CHRS) CLINE; TERA CLINE, JIM ABRAHAM, ECATHRNE IWAKIRI, `JICKI WAGNER,WA.GNER) CODY EDWARDS, JULIE- WILLIAMS, ) MICHAEL SALOKAS, BAPBARA ) KELLER, CRAIG COATES, CHRIS ) SPERLICH, LORI FLEMING, BEN ) BACCARELLA, DALTON SHOTWELL, ) JER_E KNUDTSEN, BELINDA RIBA and ) GRE IG I"AHNLANDER, individually and on) behalf of !\vo classes of similarly situated ) persons, ) Plaintiffs, ) vs. THE CITIES OF ABERDEEN, AUBURN, ) FIRST AMENDED COMPLAINT - I No.: 09-2-24060-4 SEA FIRST AMENDED CLASS ACTION COMPLAINT FOR CONVERSION, UNJUST ENRICHMENT; MALICIOUS PROSECU T ION/ABUSE OF PROCESS; VIOLATION OF CONSUMER PROTECTION ACT AND OTHER STATUTORY VIOLATIONS_ RESTITUTION, AND INJUNCTIVE AND DECLARATORY RELIEF CLASIS ACTION BRESKIN JOHNSON TOWNSEND -c 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 ] 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 BELLEVUE, BONNEY LAKE, ) BREMERTON, BURIEN, FEDERAL WAY, ) FIFE, ISSAQUAH, LACEY, LAKE FOREST) PARK, LAKEWOOD, LYNNWOOD, ) MONROE, MOUNTLAKE TERRACE, ) PUYALLUP, RENTON, SEATAC, ) SEATTLE, SPOKANE, TACOMA, ) WENATCHEE and the COUNTY OF ) PIERCE, as well as AMERICAN TRAFFIC ) SOLUTIONS (d/b/a "ATS"); AMERICAN ) TRAFFIC SOLUTIONS, LLC (DBA "ATS ) SOLUTIONS") AND REDFLEX TRAFFIC ) SYSTEMS, INC., ) Defendants. 1 Plaintiffs Michael Todd, Gregory Stackhouse, Steve Blai, Vonda Sargent, Max Harrison, Zoann Chase -Billing, Ognjen Pandzic, Seung_ran Chwe, Daniel Wu, Marcus Naylor, Melissa Miller, Len Johnson, Ashley Alm; Jim Ames, Blanca Zamora, Charles Miael, Somer Chacon, Brad Hampton; Nicholas Julhl, Georgina Luke; Judith Stredicke, Shelley Nev,N-man; Mark Contralto; Aneva Freeman, Chris Cline, Tera Cline; Jim Abraham, Catherine lwakiri, Vicki Wagner, Cody Edwards, Julie Williams, >vlichael Salokas, Barbara Keller; Craig Coates, Chris Sperlich, Lori Fleming, Ben Baccarella; Dalton Shotwell; Jere Knudtsen, Belinda Riba and Greig Fahnlander allege the following First Amended Complaint against the Defendant cities of Aberdeen Auburn, Bellevue, Bonney Lake, Bremerton, Bu.ien, Federal Way; Fife, Issaquah, Lacey, Lake Forest Park, Lakewood; Lynnwood, Monroe, Mountlake Terrace, Puyallup, Renton, Seatac, Seattle, Spokane, Tacoma, Wenatchee and the County of Pierce, as well as the Defendant companies, American Traffic Solutions (d/b/a "ATS''); American Traffic Solutions, LLC (d/b/a "ATS SOLUTIONS") and Redllex Traffic Systems, Inc., on their behalf and on behalf of two Classes of all similarly situated persons set forth below: I. INTRODUCTION 1. i In this action. the Plaintiffs allege that the Defendant cities and county, also referred to in this First Amended Complaint as "local governments," violated state law FIRST AMENDED COMPLAINT - 2 BRESKIN JOHNSON'TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 I 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 relating to the use of "Automated Traffic Safety Cameras" and the issuance of Notices of Infraction arising from the use of these cameras that were unapproved or improper. In doing so, the Defendants deprived citizens of the State of Washington of their due process rights under the state and federal constitutions. Plaintiffs also allege that the Defendant cities and county entered into contracts with the Defendant camera companies that contained provisions that violate state law. As a result of the Defendants' violation of law, they have improperly, unfairly and unjustly collected fees, including excessive fees; from the Plaintiffs and the Class through the use of Automated Traffic Safety Cameras. 1.2 In addition, Plaintiffs allege that the practices of the Defendant camera companies in connection with the use of the Automated Traffic Safety Cameras, the issuance of improper and/or unapproved Notices of Infraction, and the use of contracts with the Defendant cities that contained illegal or improper provisions were deceptive and unfair business practices that violate the Washington Consumer Protection Act. 1.3 Against all Defendants, Plaintiffs seek a declaratory judgment that their practices and actions described more fully below are unlawful. They also seek injunctive relief to prevent the continuation of the practices that include the collection of excessive fines; the use of unapproved or improper Notices of Infraction and the use of unlawful contracts with the camera companies. Filially, Plaintiffs .seek equitable relief in the form of restitution or disgorgement of all improperly collect fines thai resulted from the use of an "Automated Traffic Safety Camera" and/or any of their illegal practices. 1.4 In addition, against the Defendant camera companies, Plaintiffs seek damages j and remedies available under the Washington Consumer Protection Act, including treble damages, attorney fees and costs. _5 Plaintiffs do not make any tort claims against the Defendant cities and county and seek only declaratory, injunctive and equitable relief against them. FIRST AMENDED COMPLAINT - 3 BRESKIN.JOHNSON TOWNSEND-c 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 ,4 15 '6 17 18 i9 20 21 22 23 24 25 26 II. PARTIES 2.1 Plaintiffs Michael Todd, Gregory Stackhouse, Georgiana Luke, Mark Contratto, Aneva Freeman, Lori Fleming, and Vonda Sargent are residents of Seattle, Washington. Plaintiff Max Harrison is a resident of Everett, Washington. Plaintiff Judith Stredicke is a resident of Puyallup, Washington. Plaintiff Shelley Newman is a resident of Lakewood, Washington. Plaintiffs Chris and Tera Cline are residents of Lynnwood, Washington. Plaintiff Jim Abraham is a resident of Auburn, Washington. Plaintiffs Catherine Iwakiri and Dalton Shotwell are residents of Federal Way, Washington. Plaintiff Steve Blai is a resident of Bremerton, Washington. Plaintiff Vicki Wagner is a resident of Sumner, Washington. Plaintiff Cody Edwards is a resident of Port Orchard, Washington. Plaintiff Julie Williams is a resident of Spanaway, Washington. Plaintiff T_\/Ilchael Salokas is a resident of Issaquah, Washington. Plaintiff Barbara Keller is a resident of Lopez Island, Washington. Plaintiff Craig Coates is a resident of Renton; Washington. Chris Sperlich is a resident of Seatac, Washington. Plaintiff Ben Baccarella is a resident of Mead, Washington. Plaintiff Jere Knudtsen is a resident of Tacoma; Washington. Plaintiff Belinda Riba is a resident of Mountlake Terrace, Washington. Plaintiff Greig Falmlander is a resident of Graham, Washington. Plaintiffs Sargent, Chase -Billing, Pandzic, Chwe, Wu, Naylor, Miller, Jolmson, Alm, Ames, Zaiora, Ivlael, Chacon, Hayston and Juhl are residents of the state of Washington 2.2 All plaintiffs reside in the State of Washington; and all have been issued Automated Traffic Safety Camera citations from the following jurisdictions: Michael Todd, Mark Contratto, Aneva Freeman and Lori Fleming — Seattle; Gregory Stackhouse, Brad Hampton and Craig Coates — Renton; Steve Blai and Cody Edwards— Bremerton; Vonda Sargent and Greig Fahniander — Tacoma, Max Harrison, Chris Cline and Tera Cline — Lynnwood; Zoann Chase -Billing, Jim Abraham and Catherine Iwakiri — Aubum; Ognjen Pandzic — Burien, Seungran Chwe, Daniel Wu, Georgina Luke and Dalton Shotwell — Federal Way; Marcus Naylor, Melissa Miller; Shelley Newman, Julie Williams and Jere Knudisen — FIRST AMENDED COMPLAINT - 4 BRESKIN JOHNSON TOWNSEND -c 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Fife; Len Johnson and Barbara Keller — Lacey; Ashley Alm and Shelley Newman — Lakewood; Jim Ames and Blanca Zamora — Moses Lake; Charles Mael, Somer Chacon and Judith Stredicke — Puyallup; Nicholas Juhl and Chris Sperlich — SeaTac; Michael Salokas- Issaquah; Belinda Riba- Lake Forest Park; Vicki Wagner- Bonney Lake; and Ben Baccarella - Spokane. 2.3 Redflex Traffic Systems, Inc. (hereinafter Redflex) is a Delaware corporation, and does business in the State of Washington. 2.4 American Traffic Solutions (hereinafter "ATS") is a Kansas corporation, and I does business in the State of Washington. 2.5 American Traffic Solutions, L.L.C. d/b/a "ATS Solutions, L.L.C." is a Delaware limited liability company and does business in the state of Washington. III. FACTS 3.1 in 2005, Washington State passed RCW 46.63.170 which authorized local governments to use "Automatic Traffic Safety Cameras" such as red-light and school zone cameras to issue traffic tickets. A number of cities and Pierce County began using these cameras to cite drivers for violations of the traffic code. The above named cities are among those cities and are referred to in this Complaint, along with Pierce County, as "local ,governments." 3.2 State law provides that the fines for camera traffic tickets cannot exceed the I amount of fines for parking tickets in each local government's Jurisdiction: 3.3 State law requires that the local governments pay the vendors of these cameras only based on the value of the equipment and services provided and prohibits them from paying such vendors based on revenue generated by the cameras. 3.4 State law requires that the local governments obtain the approval of the Washington State Supreme Court's administrative agency, the Administrative Office of the Courts, ("AOC") of their proposed infraction form before putting it into use. FIRST AMENDED COMPLAINT - 5 BRESKIN JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IG 19 20 21 2, 23 24 25 26 3.5 All known contracts for traffic cameras in Washington involve one of two private companies to run the camera programs: Redflex Traffic Systems or American Traffic Solutions. ("Camera Companies") Collectively, these companies issue tens of thousands of tickets per month. 3.6 In most jurisdictions these companies actually issue the tickets and collect the fine, superimpose the electronic signature of a City or County law enforcement officer or official, print notices of infraction at their out-of-state offices, mail the tickets to the alleged violators, and collect the payments at an address located outside Washington. 3.7 Although State law requires local governments to apply for approval of a Notice of Infraction form before issuing these tickets, not all local governments have done so. A number of the cities either did not apply for approval of a Notice, or used forms which were proposed but rejected. The AOC never approved the "Notice of Infraction" in the form issued to drivers by these cities. 3.8 Bellevue, Fife, Lyrinviood, Monroe. and Renton have not applied for approval of their Notices. 3.9 Auburn, Lakewood, and Seatac applied for approval of their Notices, which has been rejected by the AOC. 3.10 When the Washington Legislature enacted RCSV 46.63.170 to permit the use of automated traffic safety cameras in 2005 for issuance of certain infraction notices, the intent was to promote safety, not raise revenue for Defendants. 3.11 The statute restricted the use of the cameras to two -arterial intersections, railroad crossings and school speed zones. 3.12 RCW 46.63.170(2) provides as follows: Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46_52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the FIRST AMENDED COMPLArNT - 6 BRESKIN JOHNSON TOWNSEND -c 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 2 8 9 10 I 12 i3 14 15 16 17 18 19 (� 20 21 22 3 24 25 26 purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216 and 46.20.270 (3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of the fine issued for other parking infractions within the jurisdiction. (Emphasis added) 3.13 Notwithstanding the language of RCW 46.63.170(2), and the intent of the I Legislature, the local governments routinely assess an amount greatly exceeding fines assessed for other parking infractions within each of Defendants' jurisdiction. 3.14 Fines assessed using the cameras are usually the same as for a citation issued by a law enforcement officer for the same infraction. 3.15 A traffic infraction case does not begin, and there is no presumption that an infraction was committed, until a ticket on an approved form is issued by a police officer. IP.LJ 2.1 and RCW 46.63.060(2). When a local government uses an unapproved Notice, it violates State law. The Defendants in this case include local governments which have not used approved Notices and which have been improperly collecting tens of thousands to millions of dollars in fines through the practice of mailing out defective tickets. 3.I6 The contracts between the Defendant camera companies and the Defendant local governments; in nearly all cases, contain a "cost neutrality" or "stop -loss" clause. These ciauses provide that the local governments do not have to pay the camera companies unless the local governments collect more than a certain amount of money each month and in doing so violate State law. 3.17 The following cities have contracts with "cost neutrality" or stop -loss clauses: Auburn, Bellevue, Bremer on, Burien, Federal Way, Fife, Issaquah, Lacey, Lake Forest Park, Lakewood, Lynnwood; Monroe, Puyallup, Renton; Seatac, Spokane, Tacoma; and Wenatchee. 3.18 Several contracts contain provisions allowing the camera companies to have input regarding which tickets are sent to alleged violators. These camera tickets are not filed FIRST AMENDED COMPLAINT - 7 BRESKIN JOHNSON. TOWNSEND °<« 1111 Third Avenue, Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 with the municipal courts, but rather are issued directly to the alleged violators, with only an electronic notice being sent to the courts. 3.19 Other contracts state that the camera companies will be paid a "per ticket" fee `if enough fines are collected. These contract provisions give the Defendants an incentive to issue improper tickets. In doing so, these contractual provisions violate State law that was enacted to prevent this specific result. 3.20 Under nearly all of the contracts between the Defendant local governments and county, and the Defendant camera companies, the companies are paid compensation based in part on a portion of the fine or civil penalty imposed or the revenue generated by the equipment. This violates RCW 46.63.170(1)(h). 3.21 The Defendants collectively failed to provide Notices of infraction in a format prescribed and approved by the AOC and/or the Supreme Court of Washington, and/or issued Notices that were otherwise defective.'issuance of unapproved Notices is a violation of 1P.LJ 12.1 and RCW 46.63.060(2). 3.22 The Defendant local governments do not process citations issued via ail. automated traffic safety camera as parking infractions; af;d assess a penalty that exceeds the fnaxiinum `parking infractions' within their jurisdiction. These actions violate IRLJ 2.1, RCW 46.63.060(2), and RC1A7 46.63.170(2). venerall,v; the Defendant local governments have set the fine for camera tickets the same as if an officer personally observed the violation and issued the citation. 3.23 The Defendant City of Seattle has also violated the provisions of RCW 46.63.170(1)(b), -which states, "Use of automated traffic safety cameras is restricted to two - arterial intersections; railroad crossings, and school speed zones only." The City of Seattle has issued thousands of tickets at a three arterial intersection known as Five Comers — at the intersection of Sand Point Way; Union Bay Place, and 35th Avenue NE. 3.24 The camera companies supply numerical data, including speed 'and time elapsed, in the Notices as evidence of the alleged infraction. Still photographs purporting to FIRST AMENDED COMPLAINT- 8 BRESKIN JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 show the alleged infraction are also included in the Notice mailed to Plaintiffs. (A video is also available but is accessible only by going online at a computer.) 3.25 The distance traveled, as computed by the numerical data in the Notices, is at variance (from 20% to over 100%) to the distance traveled as shown by the photographs. The fact that the data contradicts the photos is not ascertainable without mathematical calculations which would occur to few Plaintiffs. The contradictory data and photographs are presented as "evidence" which the courts accept as proof of violation, and Plaintiffs are forced to rely on, to their detriment. 3.26 State law allows cities to presume that the registered owner of a vehicle was the driver at the time of a camera violation. RCW 46.63.075(1). 3.27 However, the fact that a person is the owner of a vehicle is not enough to create a reasonable presumption that the owner was driving the vehicle at the time of the alleged infraction. 3.28. The Washington state and Federal Constitution guarantees a presumption of innocence that applies Jr. the case of the infractio;ts issued using the Automated Traffic Safety Cameras_" 3.29 The presumption under RCW 46,63.075(1), v.,hich permits a finding of an infraction against th:, ow;,er of the vehicle without actual and reliable proof that the owner committed the infraction, when coupled with the Defendants' use of misleading and unapproved infraction forms, deprives Washington citizens of their Constitutional right to be presumed innocent until proven guilty. W. AURIUSDICTION AAD VENUE 4.1 This Court has jurisdiction over each Defendant pursuant to RCW 4.12.025. 4-2 Plaintiffs assert no tort claims against any of the Defendant local governments and no pre -filing or administrative claims filing requirements apply. 4.3 This Court has jurisdiction over the Defendant camera companies because they have sufficient minimum contacts with the State of Washington (the "State"), they conduct FIRST AMENDED COMPLAINT - 9 BRESKIN JOHNSON: TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 business within the State, and all of their illegal or improper acts and practices alleged in this action were undertaken within the State. 4.4 Venue is proper in this Court because all transactions complained of herein occurred within Washington State, and pursuant to RCW 4.12.025 and RCW 36.01.050. V. CLASS ACTION ALLEGATIONS 5.1 Plaintiffs bring this action both individually and on behalf of the following defined Class: "The class of all persons who were issued citations and paid fines to any city, county or other local government in the State of Washington as a result of citations issued by automated traffic safety cameras." 5.2 Plaintiffs also bring this action on behalf of the following defined Class: "The Class of all persons who may be cited by the Defendant cities of Aberdeen; Bellevue; Everett; Morvoe; Mountlake Terrace and Wenatchee. once these cities begin to issue citations for violations stemming from the use of automated traffic safety cameras.'' This defined Class seeks injunctive relief only. 5.3 The Classes described in paragraphs 5.1 and 5.2 above are both so numerous and geographically dispersed that it is impracticable to join in a single action all members of the class. vn information belief; there is a minin-mrri of one thousand members of each Class dispersed over different geographic areas. 5.4 The following questions of fact and law are common to all members of the Classes: a. Have the Defendant local governments used "Automated Traffic Safety Cameras" to issue infractions in a manner that violates state law and/or will they do so in the future? b. Have the Defendant local governments assessed fines that are in excess of the amount permitted by law and/or will they do soin the future? FIRST AMENDED COMPLAINT - 10 BRESKIN. JOHNSON TOWNSEND °I« 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i 19 20 21 22 23 24 25 26 C. Have the Defendant local governments issued improper, unapproved or illegal Notices of Infraction and/or will they do so in the future? d. Have the Defendant local governments entered into contracts that with the Defendant camera companies that contain provisions that violate state law and/or will they do so in the future? e. Does the provision of state law permitting a presumption of an infraction violate the state and federal constitutional guarantee of due process and a presumption of innocence of those citizens who have been issued Notices of Infraction. as a result of the use of Automated Traffic Safety Cameras? f. Does the use of such a presumption by the Defendant local governments coupled with the issuance of improper Notices of Infraction violate the due process rights of those citizens who have been issued Notices of Infraction as a result of the use of Automated Traffic Safety Cameras? g. Do the actions of the Defendant carriera companies in entering into contracts with the Defendant local governments that contain provisions that violate state law constitute unfair and/or deceptive consumer practices under the Washington CPA? h. Do the actions of the Defendant camera companies in issuing improper or unapproved Notices of Infractions and In collecting Imes, Including excessive Imes. in violation of state law constitute unfair and/or deceptive consumer practices under the Washington CPA ? i. Should a Declaratory Judgment be entered declaring the complained of practices to be illegal under state law? j. Should temporary and/or permanent injunctive relief be afforded to prevent further use of practices that violate state law? k. Have the Defendant local governments been unjustly enriched by their practices that violate state law? 1. Should equitable relief; including restitution or disgorgement of FIRST AMENDED COMPLAINT - I I BRESKIN JOHNSON TOWNSEND -c 1111 Third Avenue, Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8' 9 10 1] L 13 14 35 16 17 18 19 20 21 22 23 24 25 26 excessive or improperly charged fines, be afforded to the members of the Class? m. Should damages, including treble damages, be awarded against the Defendant camera companies based on their conduct that violates the Washington CPA? 5.5 The claims of Plaintiffs are typical of the claims of the Classes in that the Plaintiffs and each class member received a citation arising from a violation generated by an automated traffic safety cameras and paid the fine. Further, Plaintiffs may be cited by Aberdeen, Bellevue, Everett, Monroe, Mountlake Terrace and Wenatchee once these cities begin to issue citations for violations stemming from use of automated traffic safety cameras. 5.6 Plaintiffs will adequately represent and protect the interests of the classes. Plaintiffs have retained competent counsel, who are experienced in the prosecution of class action litigation and who have no interests that are contrary to, or in conflict with, those of the classes they seek to represent. 5.7 Defendants have acted and refused to act on grounds generally applicable to the classes, thereby making it appropriate for this Court to grant final Injunctive and declaratory relief with respect to the classes. 5.8 The prosecution of separate actions by individual class or subclass members will create a risk of inconsistent and varying adjudications concerning the subject of this action; which adjudications could establish incompatible standards of conduct for Defendants under the laws alleged herein. 5.9 A class action is superior to all other available methods for fair and efficient adjudication of this controversy. 5.10 Because of the relatively small amount of the individual class member's claim and that successful prosecution of the claim would raise the above stated common issues of fact and law, individual members of the class have little interest in controlling the prosecution of their individual claims on their own or outside of a class action. 5.11 The common questions of fact and law affecting all members of the classes, described in paragraph 5.4 above. will predominate over questions affecting only individual FIRST AMENDED COMPLAINT - 12 BRESKIN JOHNSON TOWNSEND -c 1111 Third Avenue. Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 I members of the classes. 2 5.12 Plaintiffs know of no difficulty to be encountered in the management of this 3 action that precludes its maintenance as a class action. 4 VI. FIRST CAUSE OF ACTION — 5 UNJUST ENRICHIVIENT 6 6.1 The Plaintiffs re -allege paragraphs 1.1 through 5.12 above. 7 6.2 As a result of the conduct described above, Defendants, except those who have 8 not yet begun to issue citations with automated traffic safety cameras, have been and will 9 continue to be unjustly enriched at the expense of the Plaintiffs and members of the classes. 10 6.3 These Defendants should be required to disgorge their unjust enrichment by 11 I the Court's powers in equity. 12 vII. SECOND CAUSE OF ACTION- 1\".,AL11CIOUS PROSECUTIONh"USE OF PROCESS 13 14 7.1 The Plaintiffs re -allege paragraphs 1.1 through 5.12 above. 15 7.2 This cause of action is alleged against the camera companies only. By their 16 actions described above; said defendants Companies engaged in the torts of abuse of process, 17 ` e v e f class r i � I by using the judicial s, seem s process to tnsur.. the presence o. �,a�s members _i. court; to 18 '� .. iachieve another; inappropriate end, of financial profit rather than the legitimate alim of 19 achieving public safety, punishing unlawful behavior, and achieving remedial benefits. 20 Further; Plaintiffs allege said Defendants instituted a false action against Plaintiffs without 21 22 cause for the case, acted v✓ith malice, collected money from class members, and class 23 members suffered injury and damages because they were deceived into paying said 24 Defendants money based on a letter indicating an infraction case was pending against when 25 no such lawful case was actually pending. 26 VIII. THIRD CAUSE OF ACTION — INJUNCTIVE AND DECLARATORY RELIEF FIRST AMENDED COMPLAINT - ] 3 BRESKIN JOHNSON TOWNSEND ><« 1111 Third Avenue. Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 l 2 3 4 5 6' 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8.1 The Plaintiffs re -allege paragraphs 1.1 through 5.12 above. 8.2 The Plaintiffs are entitled to declaratory relief that some the Defendants are entering into contracts prohibited by law, issuing infractions prohibited by court rule and State law or intending to do so, and collecting fines in violation of State law. Further, Defendants have been unjustly enriched such that Plaintiffs are entitled to an injunction requiring Defendants to permanently halt their improper and illegal contractual arrangements, issuance of illegal citations and collections of excessive fines. IX. FOURTH CAUSE OF ACTION — VIOLATION OF THE STATE CONSUMER PROTECTION ACT 9.1 The Plaintiffs re -allege paragraphs 1.1 through 5.12 above. 9.2 This cause of action is alleged against the camera companies only. The acts and' practices of said defendants alleged herein constitute a violation of the Consumer Protection Act (" CPA` ). 9.3 The CPA expressly provides for the issuance of inanctive relief against future violations to protect the public interest. 9.4 The classed are entitled to an award of attorneys' fees and costs. 9.5 The class members are entitled to an award of exemplar;, treble damages up to 610,000.00 for each class member, in the discretion of the Court, beyond the award of actual lamages to each class member and class representative. X. REQUEST FOR RELIEF The Plaintiffs request the Court award to them and the classes the following relief: 1. Economic, compensatory, and general damages on behalf of all members of the classes against the Defendant camera companies. 2. Restitution, disgorgement or such other equitable relief as the Court deems appropriate and just from all Defendants. FIRST AMENDED COMPLAINT - 14 BRESKIN JOHNSON. TOWNSEND °UC 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Declaratory and injunctive relief against Defendants from making or further making improper prosecutions and engaging in unlawful citation practices as alleged herein. 4. A declaratory judgment declaring that the Defendants' unlawful practices violate RCW 46.63.170-1 Article I, Section 3 of the Washington Constitution; and/or the 41h and 141h Amendments to the U.S. Constitution. 5. As to the camera companies only, treble damages up to $10,000.00 for each Plaintiff and each member of the Classes. 6. Interest on the damages claims against the Defendant Companies only. 7. Vacation of the findings for Plaintiffs' alleged infractions, as well as restitution of all moneys paid to Defendants. 8. Such other relief as the Court may deem equitable and just. DATED this )6�4)day of July; 2009. BRESKIN JOHNSON & TOWNSEND David F. Bres!:;n. WSBA No. 10607 THE ROSEN LAW FIRM Steven Rosen.WSBA No- �60)4 Andrea Robertson_ WSBA No. 29195 BOWLER LAW OFFICE, PLLC Edith A. Bowler, WSBA No. 17088 WILLIAMSON & WILLIANIS Rob Williamson, WSBA No. 11387 Kim Williams. WSBA No. 9077 Attomeys for Plaintiffs FIRST AMENDED COMPLAINT - IS BRESKIN JOHNSON TOWNSEND ° « 1111 Third Avenue, Suite 2230 Seattle. Washington 98101 Tel: 206-652-8660 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 IN, THE SUPERIOR COURT KING COUNTY, STATE OF WASHINGTON MICHAEL TODD, GREGORY ) STACKHOUSE, STEVE BLAI, VONDA ) SARGENT, MAX HARRISON, ZOANN ) CHASE -BILLING, OGNJEN PANDZIC, ) SEUNGRAN CHWE, DANIEL WU, ) MARCUS NAYLOR, MELI SSA MILLER, ) LEN JOHNSON, ASHLEY ALM, JIM ) AMES, BLANCA ZAMORA, CHARLES ) MAEL, SOMER CHACON, BRAD ) HAMPTON, NICHOLAS JUHL, ) GEORGINA LUKE, JUDITH STREDICKE, ) SHELLEY NEWMAN, MARK ) CONTRATTO, ANEVA FREEMAN, CHRIS) CLINE, TERA CLINE, JIM ABR,\HAN1, ) CATHERINE IWAKIK.I, VICKi WAGNER, ) CODY EDWARDS, JULJE WILLIAMS, ) MICHAEL SALOKAS, BARBARA ) KELLER, CRAIG COATES, CHRIS ) SPERLICH, LORI FLEMING, BEN ) BACCARELLA, DALTON SHOTWELL, j JERE KNUDTSEN, BELINDA RIBA and ) GREIG FAHNLANDER, individually and on 1 behalf of two classes of similarly situated ) persons, ) Plaintiffs, ) vs. ) ) THE CITIES OF ABERDEEN, AUBURN, ) PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - I [KCSC NO. 09-2-24060-4 SEA] No.: 09-2-24060-4 SEA PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS BRESKIN ` JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel. 206-652-8660 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BELLEVUE, BONNEY LAKE, ) BREMERTON, BURIEN, FEDERAL WAY,) FIFE, ISSAQUAH, LACEY, LAKE FOREST) PARK, LAKEWOOD, LYNNWOOD, ) MONROE, MOUNTLAKE TERRACE, ) PUYALLUP, RENTON, SEATAC, ) SEATTLE, SPOKANE, TACOMA, ) WENATCHEE and the COUNTY OF ) PIERCE, as well as AMERICAN TRAFFIC ) SOLUTIONS (d/b/a "ATS"); AMERICAN ) TRAFFIC SOLUTIONS, LLC (DBA "ATS ) SOLUTIONS") AND REDFLEX TRAFFIC ) SYSTEMS, INC., ) Defendants. TO: THE CITIES OF ABERDEEN, AUBURN, BELLEVUE, BONNEY LAKE, BREMERTON, BURIEN, FEDERAL WAY, FIFE, ISSAQUAH, LACEY, LAKE FOREST PARK, LAKEWOOD, LYNNWOOD, MONROE, MOSES LAKE, MOUNTLAKE TERRACE, PUYALLUP, RENTON, SEATAC, SEATTLE, SPOKANE, TACOM-A, WENATCHEE and the COUNTY OF PIERCE, as well as AMERICAN TRAFFIC SOLUTIONS (d/b/a "ATS"), AMERICANTRAFFIC SOLUTIONS, LLC (d/b/a "ATS SOLUTIONS"), AND REDFLEX TRAFFIC SYSTEMS, INC., Defendants. Please respond to these Interrogatories and Requests for Production propounded herein pursuant to the Civil Rules for Superior Court. It is requested that you produce the items and materials requested herein for inspection and copying at the Law Offices of Breskin Johnson Townsend, I I I I Third Avenue, Suite 2230, Seattle, Washington 98101 on the 40th calendar day after service, at 10:00 a.m. This request may be satisfied by providing copies of all such items to the undersigned prior to that date. DEFINITIONS I ) "Document" as used herein shall refer to all writings of every kind pertaining to the subject -matter of this litigation including, but not limited to, the original or any legible copy of all records; letters, correspondence, appointment books, diaries, files, notes, statements, memoranda or minutes of meetings, conferences and telephone calls, receipts, written reports or opinions of investigators or experts, status reports, drawings, press releases, PLAINTIFFS' FIRST SET OF INTERROGATORIES BRESKIN! JOHNSON' TOWNSEND o«- AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 2 1111 Third Avenue, Suite 2230 [KCSC NO. 09-2-24060-4 SEA] Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 charts, photographs, negatives, brochures, lists, messages, email messages, intranet messages, citizen complaints, schedules, manuals, technical notes or standards, expense accounts, financial statements or audit reports, tickets, infractions, dockets, judgments, collections actions, court files, however produced or reproduced or archived or stored, within your possession or subject to your control, of which you have knowledge or to which you now have or previously had access, including all information in electronic format. 2) "Identity of Document." The term "identify," when used in reference to a document, means to state the date of preparation of the document, its author, the sender, the recipient (if any), the nature of the document (e.g., letter, memorandum, tape) and other means of identification sufficient to identify the document for purposes of a request for production, and to further state its present location and custodian_ If any such document was, j but no longer is, in your possession or custody or subject to your control, describe what i disposition was made of it, and give the name, address and telephone number of the person presently having possession, custody or control of the document. 3) "Identity of Individuals and/or Entities_" Unless otherwise indicated, where the name or identity of an individual person or entity is requested, or where the term "identify" is used in reference to an individual person or entity, please state that person's full name; title, business address and telephone number, email address, occupation; and employer, and state the entity's full name, address telephone number and web address. Unless it otherwise appears from the context, a request for the identity of a person relates to all persons in such classification or category, and the request for the identity of an entity relates to all affiliated entities. INTERROGATORY NO. 1: Identify each and every person who provided the information to answer these interrogatories, and specify each interrogatory or interrogatories about which he or she had information. ANSWER: PLAINTEFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 3 [KCSC NO. 09-2-24060-4 SEA] BRESKIN. JOHNSONTOWNSEND o«,- M1 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 i 19 20 21 22 23 24 25 26 INTERROGATORY NO. 2: Describe the process by which you enacted your ordinance allowing for the use of automated traffic safety cameras as provided in RCW 46.63.170. ANSWER INTERROGATORY NO. 3: Identify all employees of defendant, or elected representatives thereof, who were involved in the enactment of the ordinance referenced above. ANSWER: INTERROGATORY NO. 4: Describe the purpose of Defendant's enactment of the ordinance referenced above. ANSWER: INTERROGATORY NO. 5: Ident1111 "the Defendant's representatives who are most knowledgeable about the ordinance referenced above and the subsequent implementation of the ordinance. ANSWER: INTERROGATORY NO. 6: Specify the fine which is assessed for any traffic PLAINTIFFS' FIRST SET OF INTERROGATORIES BRESKIN JOHNSON TOWNSEND "" AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 4 1111 Third Avenue, Suite 2230 [KCSC NO. 09-2-24060-4 SEA] Seattle, Washington 98101 Tel: 206-652-8660 I 2 3 4 5 6 7 8 9 10 I 12 13 1 n, 15 16 17 18 19 20 21 22 23 24 25 26 violation which is encompassed within the ordinance referenced above, and set forth each and every reason defendant set the fines at the levels indicated in your answer to this interrogatory. ANSWER: INTERROGATORY NO. 7 : Has the fine identified in the response to the foregoing Interrogatory ever been changed in the past, or is there any plan by defendant to change it in the future? If so, explain all reasons for such change, or anticipated change, including the II, date the change was or will be made, the date it was or will be effective and any municipal L ordinances, state statues or rules and/or court rules which were involved or referenced with such change. ANSWER INTERROGATORY NO. 8: How are the proceeds of the fines paid distributed by defendant? ANSWER: INTERROGATORY NO. 9: If any representative, employee, agent, elected official or other person connected with defendant was interviewed by any media, including television, newspaper or radio, regarding the ordinance referenced herein, specify the date of said interview, the media outlet involved and the identity of the person involved. ANSWER: PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 5 [KCSC NO. 09-2-24060-4 SEA] BRESKIN JOHNSONTOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1, 18 19 20 21 22 23 24 25 26 INTERROGATORY NO. 10: If any representative, employee, agent, elected official or other person connected with defendant testified regarding the Bills) codified as RCW 46.63.170 (including but not limited to SB, SSB and ESSB 5050) before any legislative body or committee, specify the date of the testimony, the legislative body involved and the identity of the person involved. ANSWER: INTERROGATORY NO. 1 l: For each calendar year beginning with 2005 through 2008, state how many infractions notices were issue by defendant pursuant to the ordinance referenced above, and the total paid to defendant as a result of such notices. For 2009, please I provide the information for the period through June 30, 2009. INTERROGATORY NO. 12: Please list each parking infraction in your jurisdiction. For each such parking infraction, list. A) the number of such infractions issued in 2007 and how much of the revenue generated from these 2007 infractions was retained by your city; B) tiie number of such infractions issued in 2008 and how much of the revenue generated from these 2008 infractions was retained by your city; and C) the number of such infractions issued in 2009 through June 30, 2009, and how much of the revenue generated from these 2009 infractions was retained by your city. ANSWER: PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 6 [KCSC NO. 09-2-24060-4 SEA] BRESKlN JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REQUEST FOR PRODUCTION NO. 1: Produce all records relating to the enactment of the ordinance referenced herein including but not limited to minutes of meetings of any agency, department or legislative body of defendant, minutes or transcripts of public meetings relating thereto, all recommendations, comments, analyses or other materials considered by any such agency, department or legislative body. RESPONSE: REQUEST FOR PRODUCTION NO. 2: Produce all drafts of the ordinance that were prepared, considered or discussed by any agency department or legislative body of defendant, together all comments, evaluations or documents related thereto. RESPONSE: REQUEST FOR PRODUCTION NO. 3: Produce copies of any materials from other jurisdictions, or any materials from manufacturers of traffic cameras that were reviewed, submitted to or considered by any agency, department or legislative body of defendant in connection with the ordinance referenced herein,. RESPONSE: REQUEST FOR PRODUCTION NO. 4: Produce copies of transcripts of any interviews referenced in your answer to Interrogatory No. 9. RESPONSE: PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 7 [KCSC NO. 09-2-24060-4 SEA] ' BRESKIN JOHNSONTOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REQUEST FOR PRODUCTION NO. 5: Produce copies of any materials presented by prepared by any person identified in response to Interrogatory No. 10. RESPONSE: REQUEST FOR PRODUCTION NO. ?: Produce any documents which refer in any manner to any revenues that were anticipated to be generated by your implementation arid/or use of "Automatic Traffic Safety Cameras," including any budget reports, council memorandum, worksheets or email. RESPONSE: PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 8 [KCSC NO. 09-2-24060-4 SEA] BRESKIN TOWNSENDPILC 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tet: 206-652-866C 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 6th day of August, 2009 BRESKIN JOHNSON & TOWNSEND David E. Breskin, WSBA No. 10607 THE ROSEN LAW FIRM Steven Rosen, WSBA No. 26034 Andrea Robertson, WSBA No. 28195 Attorneys for Plaintiffs WILLIAMSON & WILLIAMS Rob Williamson, WSBA No. 11387 Kim Williams, WSBA No. 9077 BOWLER LAW OFFICE, PLLC Edith A. Bowler, WSBA No. 17088 Attorneys for Plaintiffs PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 9 [KCSC NO. 09-2-24060-4 SEA] BRESKIN JOHNSONTOWNSENDP�` 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tel: 206-652-866C 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTORNEY'S CR 26 CERTIFICATION The undersigned attorney certifies pursuant to Civil Rule 26(g) that he or she has read each response and objection to these discovery requests, and that to the best of his or her knowledge, information and belief formed after a reasonable inquiry, each is (1) consistent with the Civil Rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the costs of litigation; and (3) not unreasonable or unduly burdensome or expensive, giver, the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation. DATED at this day of 72009. Attorneys for Defendant PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - 10 [KCSC NO. 09-2-24060-4 SEA] BRESKIN JOHNSON TOWNSEND 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 Tet: 206-652-8660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VERIFICATION I declare under penalty of perjury under the laws of the State of Washington that I am the of , and am authorized to make the foregoing responses. I have read the foregoing responses to Plaintiffs' First Interrogatories and Requests for Production of Documents to Defendant, know the contents thereof, and believe them to be true and correct. Dated: at , Title PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS - I 1 [KCSC NO. 09-2-24060-4 SEA] BRESKIN I JOHNSONTOWNSENDo«- 1111 Third Avenue, Suite 2230 Seattle, Washington 98101 TeL 206-652-861 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING MICHAEL TODD ET AL NO. 09-2-24060-4 SEA Order Setting Civil Case Schedule (*ORSCS) vs Plaintiff(s) CITY OF AUBURN! ET AL ASSIGNED JUDGE Ramsdell 9 FILE DATE: 06/25/2009 Defendants) TRIAL DATE: 12/13/2010 A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I_ NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complaint/Petition or (2) service of the Defendant's first response to the Cornplaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be fiied promptly in the form required by Civil Rule 5 (CR 5). "I understand t+5at I am required to give a copy of these documents to all parties in this case." Print Name Sign Name .'C Y Nil Order Setting Civil Case Schedule (`ORSCS) REV. 12/08 1 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] — especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLCR 26], and for meeting the discovery cutoff date [See KCLCR 37(g)]. CROSSCLAINIS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS: A filing fee of $200 must be paid when any answer that includes additional claims is filed in an existing case. KCLCR 4.2(a)(2) A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the deadline in the schedule. The court will review the confirmation of joinder document to determine if a hearing is required. If a Show Cause order is issued, all parties cited in the order must appear before their Chief Civil Judge. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and service of the original complaint and all answers to claims, counterclaims and cross -claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Civil Rule 41. King County Local Rules are available for viewing at www.kingcounty.govlcourts/clerk. Order Setting Civil Case Schedule ("ORSCS) REV. 12/08 2 11. CASE SCHEDULE DEADLINE or Filing CASE EVENT EVENT DATE Needed Case Filed and Schedule Issued, Thu 06/25/2009 Last Day for Filing Statement of Arbitrability without a Showing of Good Thu 12/03/2009 Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2]. $220 arbitration fee must be paid DEADLINE to file Confirmation of Joinder if not subject to Arbitration. Thu 12/03/2009 [See KCLCR 4.2(a) and Notices on Page 21. DEADLINE for Hearing Motions to Change Case Assignment Area. Thu 12/17/2009 [See KCLCR 82(e)] DEADLINE for Disclosure of Possible Primary Witnesses Mon 07/12/2010 [See KCLCR 26(b)]. DEADLINE for Disclosure of Possible Additional Witnesses Mon 08/23/2010 [See KCLCR 26(b)]. DEADLINE for Jury Demand [See KCLCR 38(b)(2)]. Tue 09/07/2010 DEADLINE for Setting Motion for a Change in Trial Date Tue 09/07/2010 [See KCLCR 40(d)(2)). DEADLINE for Discovery Cutoff [See KCLCR 37(g)]. Mon 10/25/2010 DEADLINE for Engaging in Alternative Dispute Resolution [See KCLCR Mon 11/15/2010 16(b)]. DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 11/22/2010, [See KCLCR 4U)]. DEADLINE to file Joint Confirmation of Trial Readiness Mon 11/22/2010 [See KCLCR 16(a)(2)] DEADLINE for Hearing Dispositive Pretrial Motions [See KCLCR 56, CR Mon 11/29/2010 56). Joint Statement of Evidence [See KCLCR (4)(k)]. Mon 12/06/2010 DEADLINE for filing Trial Briefs, Proposed Findings of Fact and Mon 12/06/2010 Conclusions of Law and Jury Instructions (Do not file Proposed Findings of Fact and Conclusions of Law with the Clerk) Trial Date [See KCLCR 40]. Mon 12/13/2010 Ill. ORDER Pursuant to King County Local Civil Rule 4 [KCLCR 41, IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Civil Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance_ It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATED: 06/25/2009 PRESIDING JUDGE Order Setting Civil Case Schedule ('ORSCS) REV. 12/08 3 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The assigned Superior Court Judge will preside over and manage this case for all pretrial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx . CASE SCHEDULE AND REQUIREMENTS Deadlines are set by the case schedule, issued pursuant to Local Civil Rule 4. THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES IMPOSED BY THE COURT'S LOCAL CIVIL RULES. A. Joint Confirmation regarding Trial Readiness Report: No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a ioint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment, etc.). The form is available at http://www.kingcounty.gov/courts/superiorcourt.aspx . If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiffs/petitioner's counsel is responsible for contacting the other parties regarding said report. B. Settlement/Mediation/ADR a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement demand. Ten (10) days after receiving plaintiffs/petitioner's written demand, counsel for defendant/respondent shall respond (with a counter offer, if appropriate)- b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT_ MAY RESULT IN SANCTIONS. C. Trial: Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Court websitehttp://w.vw.kingcounty.gov/courts/superiorcourt.aspx to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES A. Noting of Motions Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions that dispose of the case in whole or in part. The local civil rules can be found at http://www.kingcounty.govlcourts/superiorcourt/civii.aspx. Nondisp.ositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." Local Civil Rule 7 governs these motions, which include discovery motions. The local civil rules can be found at hftp://www.kingcounty.gov/courts/superiorcourUcivii.aspx. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family Law Local Rules govern these procedures. The local rules can be found at http://mvw.kingcounty.gov/courts/superiorcourt/civil.aspx. Emergency Motions: Under the court's local civil rules, emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call and without written motion, if the judge approves. B. Original Documents/Working Copies/ Filing of Documents All original documents must be filed with the Clerk's Office. Please see information on the Clerk's Office website at www.kingcounty.gov/courts/clerk regarding the new requirement outlined in LGR 30 that attorneys must e-fife documents in King County Supedor Court. The exceptions to the e-filing requirement are also available on the Clerk's Office website. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copies must be delivered to his/her courtroom or the Judges' mailroom_ Working copies of motions to be heard on the Family Law Motions Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 you will be able to submit working copies through the Clerk's office E-Filing application at www.kin_qcounty.gov/courts/clerk. Service of documents. E-filed documents may be electronically served on parties who opt in to E-Service within the E-Filing application. The filer must still serve any others who are entitled to service but who have not opted in. E-Service generates a record of service document that can be e-filed. Please see information on the Clerk's office website at www_kingcounty.gov/courts/clerk regarding E-Service. Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk of the Court. Should any party desire a copy of the order as signed and filed by the judge, a pre -addressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form Memorandalbriefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Department of Community and Economic Development Staff Contact...... Kris Sorensen, x6593 Subject: PROPOSED ANNEXATION Kendall Annexation —10% Notice of Intention to Commence Annexation Proceedings Petition Exhibits: Issue Paper, Annexation Petition Certification, 10% Petition Recommended Action: Council concur AI#: . . For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on July 21, 2009, and the signatures are in the process of being certified by the King County Department of Assessments. The proposed 27.66-acre annexation site is located in Renton's Potential Annexation Area, abutting the eastern portion of the current City limits. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. KI D STAFF RECOMMENDATION: Set September 14, 2009 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Kendall Annexation. DEPARTMENT OF COMMUNITY p City of � .��.. AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: August 7, 2009 TO: Randy Corman, Council President City Councilmembers VIA: J` Denis Law, Mayor FROM: Alex Pietsch, Administrator Department of Community & Economic Development STAFF CONTACT: Kris Sorensen, x6593 SUBJECT: Proposed Kendall Annexation — 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex 27.66-acres for the proposed Kendall Annexation area by the direct petition method. The petitioner is simultaneously requesting waiver of the required $2,500 filing fee. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition to decide whether to accept or reject the proposal, whether to require the assumption of bonded indebtedness, and whether to require the simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation Proceedings petition; and • Authorize the circulation of a 60% Direct Petition of Annex for the 27.66-acre area; and • Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation. BACKGROUND SUMMARY: The proposed 27.66-acre Kendall Annexation is located at the eastern portion of the City limits. This annexation is within the boundaries of the now defunct Krail Annexation, specifically located in the southern area. The Kendall Annexation Area is bordered to the Proposed Kendall Annexation 10% Notice of Intent Page 2 of 4 August 7, 2009 north by Northeast 4th Street, to the east by 158th Avenue Southeast, to the south by Southeast 132nd Street, and to the west by 152nd Avenue Southeast (if extended). Due to Council not meeting in late August and early September, the Departmental review portion of this issue paper is incomplete. An update to this section will be provided prior to the public meeting. 1. Location: The proposed 27.66-acre Kendall Annexation is bordered by the existing eastern edge of the City limits. 2. Assessed value: The 2009 assessed valuation of the subject annexation site is $4,696,600. 3. Natural features: The area is generally topographically level with a few smaller areas with 15%-25% slope. 4. Existing land uses: The existing land uses are residential, commercial, government, and vacant property. There are seven residences, a commercial parcel, King County park space, and a City of Renton fire station. 5. Existing zoning: Existing King County zoning is R-6. This area was prezoned by the City of Renton as part of the East Renton Plateau prezoning. City of Renton Ordinance #5254 prezoned the area with R-4 zoning; this zoning will become effective upon annexation. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). 7. School District: The Kendall Annexation area is in the Issaquah School District. 8. Public services: All responding City of Renton departments and divisions are in the process of providing comments for this proposed annexation area. At this date, Building, Fire and Emergency Services, and the Planning section have provided comments where all departments will have provided comments by the public meeting date. Water Utility. Wastewater Utility. Parks. Police. Fire. Fire District #25 currently serves the area. Under contract, Renton Fire and Emergency Services provides fire and emergency services to District #25. Staff did not indicate any concerns regarding this proposed annexation. Fire Station #16 would be inside city limits under this proposal but no change to the current contract would be needed. Surface Water. Proposed Kendall Annexation 10% Notice of Intent Page 3 of 4 August 7, 2009 Transportation Systems. Public Works Maintenance. Building. The Building section did not indicate any concerns regarding the proposed annexation. The annexation does not present any increased need for City staff. Planning. The Planning section did not indicate any concerns regarding the proposed annexation and stated that the annexation represents a logical extension of their services. The annexation does not present any increased need for City staff. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and has been subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU- 37). The area would also be available under Renton's Residential Low Density land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU-38). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded on one side by existing City limits. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Kendall Annexation Area is in the Issaquah School District. The school district boundaries will not change, the area will remain in the Issaquah School District. Renton will take over police service for the 27.66-acres upon annexation; the King County Sheriff's Department currently provides police protection to the area. Renton Fire and Emergency Services currently provide service under contract to Fire District #25 which serves the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. Proposed Kendall Annexation 10% Notice of Intent Page 4 of 4 August 7, 2009 d. Prevention of abnormally irregular boundaries; This annexation does not have irregular boundaries. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f. Dissolution of inactive special purpose districts, Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. A fiscal analysis for the proposed annexation is attached. The fiscal impact analysis that is used for annexations considers costs on a per capita basis. The fiscal analysis indicates that the proposed annexation would have an initial net negative fiscal impact of $2,309 per year. Over a 10-year buildout period, it is estimated that the fiscal impact would become positive at $287 per year. CONCLUSION: The proposed Kendall Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. Staff for each department is currently reviewing this Kendall Annexation proposal to provide information of whether there are impediments to the provision of services or whether they feel this annexation is untimely. e Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician June 24, 2009 N 0 850 1,700 FeI 1:3600 Produced by City of Renton (c) 2009, the City of Renton all riahts reserved. No warranties of any sort, inclur t not limited to accuracy, fitness or m ability, accompany this product. Kendall Annexation Vicinity Map (= Kendall Annexation Boundary C,';IrCity Limits PAA Boundary Cv l Renton Parcels File Name::\GED\Planning\GIS\GIS_projec�ls\annexations\ krail annex.\mxds\t kendall annex vicinity.mxd �zY o Department of Community o &Economic Development Kendall Annexation N`r Alex Pietsch, Administrator Adriana Johnson, Planning Technician Vicinity Map June 24, 2009 N 0 200 400 ® Kendall Annexation Boundary 1:3600 Feet City Limits ut; 4t li:. PAA Boundary " Renton Parcels .... is �:.LK�•:: Y ::E .. KENDALL ANNEXATION FISCAL IMPACT ANALYSIS FZeenues Units Population AV Existing dev. 7 16 $4,696,600 Full dev. 24 55 $12,000,000 Assumptions: 2.3 persons / new SF household $332,885 AV / existing unit (actual) $500,000 AV / new SF home Existing Full Rate Regular levy $13,545 $34,608 2.884 Excess levy $294 $750 0.06252 State Shared Rrevenues Rate (per cap) Existing Full Liquor tax $3.23 $51.97 $178.17 Liquor Board profits $7.31 $117.74 $403.67 Gas tax - unrestricted $14.14 $227.65 $780.53 MVET $0.19 $2.99 $10.24 Camper excise $0.75 $12.08 $41.40 Criminal justice $0.73 $11.79 $40.42 Total $424.21 $1,454.42 Miscellaneous Revenues Rate Existing Full Real estate excise* $75.35 $1,213.11 $4,159.24 Utility tax** $133.20 $932.40 $3,196.80 Fines & forfeits* $14.98 $241.20 $826.96 Total $2,386.71 $8,183.00 Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.19 $3.06 $10.49 Public Defender $4.68 $75.35 $258.34 Jail $8.56 $137.82 $472.51 Subtotal $216.22 $741.34 Court/legal/admin. $66.92 $1,077.41 $3,693.98 Parks maintenance* $14.90 $239.89 $822.48 Police $276.89 $4,457.93 $15,284.33 Road maintenance** N/A $7,095.86 $9,166.30 Fire*** $1.25 $5,870.75 $15,000.00 Total 1 $18,958.06 $44,708.43 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) Total revenues Existing $46 649 54 Full$@4995"66 Total ongoing costs Existing 18`958 i Full ti$4470843' Net fiscal impact Existing Fu I I Lr` Revised 8-29 per Finance Memo PARKS ACQUISTION AND MAINTENANCE COST CALCULATION SHEET KENDALL ANNEXATION Needs: Maintenance of neighborhood & community parks Assumptions: $6,000 per acre to maintain neighborhood parks $7,000 per acre to maintain community parks 1.2 acres/1,000 for neighborhood park (LOS in Comprehensive Park Plan) 1.1 acres/1,000 for community park (LOS in Comprehensive Park Plan) 55 Population after 10 years (projected growth) Per capita. annual costs: Ongoing costs : (1 * 1.2/1,000 * $6,000) + (1 * 1.1/1,000 * $7,000) _ $14.90 (park maintenance) Ongoing costs Maintenance Cost : $822.48 ROADS MAINTENANCE CALCULATION SHEET KENDALL ANNEXATION New Roadway: Zone Acres Linear Feet R-4 5.99 928.45 (assumes 155 linear ft/ac) R-8 0 (assumes 145 linear ft/ac) R-10 0 (assumes 140 linear ft/ac) 928.5 Estimated total linear feet of new roadway 0.18 Estimated total linear miles of new roadway Existing Roadway: Zone Acres Linear Feet n/a 3,182 Linear feet of existing roadway 0.60 Linear miles of existing roadway Total Roadway: Zone Acres Linear Feet 4,110 Estimated linear feet of roadway at full development 0.78 Estimated linear miles of roadway at full development Estimated Costs: Annual cost for existing roadways: $7,095.86 Annual roadway maintenance cost at full development: $9,166.30 Revised 8-29-03 per Finance Memo L'a King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM-AS-0725 Seattle, WA 98104-2384 (206) 296-5145 FAX (206) 296-0106 Email: assessor.info@kingcounty.gov htti)://www.kingcounty.gov/assessor/ Lynn Gering Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted July 29, 2009 to the King County Department of Assessments by Angie Mathias, Associate Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Kendall Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 4th day of August, 2009 L ring, King County As ssor A-09 004 CITY OF M NTON JUL 21 2009 REC&ARD CITE' CLERK'S CFF:XE OTICE OF INTENTION TO COMMENCE -HQnd -Delivevej ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (10% PETITION — KENDALL ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98057 SUBMITTED BY: ADDRESS: S+8,Veti% 1365--k 4735 N E 11 , 5-f, go59 PHONE: y2b5'^gL1q —Q`-1 (L1( The undersigned are property owners in the proposed annexation area who represent not less than ten percent (10%) of the area's estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Kendall Annexation Petition Page 1 of 2 Kendall Annexation WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Fy £ Y @ rya k ,}, v: y .t� b::._ F",£, i V :: JW.� 9 _.-F ..�'. ^N•'vv f f --..^r M p' ,TaiacY� �ot�Le�!al F i naUure andr n x .jes- a v iT -� 4a �, ¢Assessed�alue ,mate � 3 m l Pr�nted�l�arne of Owner of a� t� � ��'� � � �,��t Nam,: i ,��' , 1vlailing Addressf �;.�nexahbn � } �W�t' � � .: � Desckphn VIO �gned , Record of f'ropety df bwner o p ty n /117�— qO4 Z- 9a rf :57Y" tt%A gP'14 0 31& !S fps IM �b Dl 1� _- ----------------------- r365 �S7 / 3 S� � 3r� lo�� q, _ ---- - - - - -- --' 5 -� �,, -- ------ ______.___._________________ Cy9oa� y9 06v i W 7a� (A 0 340 1 �____________________________ -713 SE 6. WA j8o5q �l _ �- -----7. 1198a�a 8. F o �� o q� r7 3�d Ada 9.Gar ----------- - --------- r-- . o�Pa/�c, llJ� �31 zl 10. --------------------------------------- Page 2 of 2 I ax Pxcount INW.0 .tnj. 142305-9003-00 THE WEST 555.72 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; (ALSO KNOWN AS PARCEL A, KING COUNTY LOT LINE ADJUSTMENT NUMBER 485033, RECORDED UNDER RECORDING NUMBER 8408270719, IN KING COUNTY, WASHINGTON.) SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. a3b 5411v r I IV - EXHIBIT "A" The north half of that portion of the south half of the northeast quarter of the northwest quarter of section 14, Township 23 North, Range S East, W.M., in King County, Washington, lying north of the south 3o feet of said subdivision; EXCEPT the east .30.01 feet threof for 156th Avenue Southeast; TOGETHCR WITH an oasement for ingress and egress over the south 30 feet of the northeast quarter of the northwest quarter of said section; LXCGPT the east 30 feet thereof; TOGLTHL'11 WITH an easement for ingresG, egrOGG and utilities over. across and upon tho west 30 feet of the northeast quarter of the northwest quarter; EXCrPT the north 30 feet; AND EXCEPT the south 30 feet. D nS,eic nch�ng ton: Ihn IollowinA d.... ib.d ,o.l oclala, nluol.d m Ihu C—My of King JCEP'P the O The northeast quarter of the northeast qutarter the northwest quarter. east 518.01 feet measured along the north line hereof% northwest arter Cr T�;jU WITH the east 32.42 feet of the north 06 ineSecti ne14, Township 23 of the northeast quarter of the northwest 9aarter tonALL % North, Range 5 East, W.M., in King County, 9 right of way: LXClRr Puget Sound Power and Light Ccmpany EX=j, the north 42 feet as granted to King County for road recorded under Recording Number 5758686. SUBJBCT TO: unt of Second half 1990 general taxes and surface ea Le ago n to charge eland pay. $699.07 which the grantees r herein 58666. Easement provisions under recoee rding number nirn 11 The ocet 345.01 feet of the northeast quarter of the northeast quarter of the northwest quarter, aeasured along the north line thereof, section 4, township Z3 north, range 5 east, W.M., in Sint CoontT, Washington, N=EPT Paget Bound Power k Ligbt CompauT, right of way, and EjCppT Caunt7 Roads. PiaM B; The most 1T3.00 feet of the east 518.01 feet of the north half of the northeast gaarter of the northwest quarter *secured along the north line thereof, of section 14, township Z3 north, rnnge 5 sast, W.M., in King County, ;;ashingteon, n=Epr Puget Sound Powcr £ light C=V� right Of .0 and NrIFT CountT Bond. ,nC � CT) PARCEL A. The East 345.01 feel of the Northeast quarter of the Northeast quarter of the Nardu=st qum7er, mcasurrd along the North Line themwf, Section 14, Township 23 North, Range 5 East, W.M. in Sing County, Washington, EXCEPT Puget Sound Pb; r and Zighl Company nghl-of-wgy, EXCEPT roads mid EXCEPT portion thereof sold to King County FFrr District Na 25 bang the South 150 fret of the dmcr bed Parcel A PARCEL R• Tie West 173 frrl of the East 51&01 fed of the North half of the Northeast quarter of dic Northwest quarter mcasurrd along the North lire thereof, Serlion 14, Township 23 North, Range 5 Eas4 W.M. in King County, Washington, EXCEPT Puget Sound Pouwer and light Company tight- oj- oy, and EXCEPT the fdlauring: (1) Portion conLQrd to King County Hre District Na 25 being the Wert 75 fed of the South 150 feet of the dtscn'bcd Parcel B_ (2) The Nor&.250 felt of the West 165 fed of the described Parcel R EXHIBIT "A" NE'/'I-O�+he NW'14 of The east 518.01 feet of the north half of the Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south.150 feet of the east 420.01 feet; AND EXCEPT the north 250 feet of the west 165 feet; AND EXCEPT the east 30.01 feet for 156th Avenue Southeast; AND EXCEPT the north 42 feet for Southeast 128th Steeds recorded AND EXCEPT that portion conveyed to King County by under Recording Numbers 8707280611, 8707280812. 8707280813, 8707280814 and 8707280815. S01MI 70 FEET OF LOT 10 AIM SOUTH 10 FEET OF NEST 43 FEET OF LOT 9, ALL IN BLOCK 3, JANETT'S RENTON BOULEVARD TRACTS, ACCORDTNO To THE PLAT THEREOF' RECORDED IN VOLUM E 17 OF PLATE, FAOB(B) 60, IN KINfl COUNTY, NABNINOTON. r Exhibit "A'.' tl' Real property in the Unincorporated County of King, State of Washington, described as follows: Parcel A: All of Tract 10 and the West 43 feet of Tract 9, Block 3, JANNETTS RENTON BOULEVARD TRACTS, according to the plat thereof recorded in Volume 17 of Plats, Page 60, records of King County, Washington. EXCEPT the South 112 feet thereof. ALSO EXCEPT the county roads. ALSO EXCEPT that portion conveyed to ring County by Deeds recorded September 3, 1987 under Recording Nos. 8709030411, B709030412, 8709030413, records of King County, Washington. Parcel B: The North 72 feet of the South 142 feet of Tract 10 and the West 43 feet of the North 72 feet of the South 142 feet of Tract 9, Block 3, JANNETTS RENTON BOULEVARD TRACTS, according to the plat thereof recorded in Volume 17 of Plats, Page 60, records of King County, Washington. Tax Parcel Number: 366450031906 and 366450031708 a LOTS 3 AND 4, BLOCK 3, JANETT'S RENTON BOULEVARD TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 17 OF PLATS, PAGE 60, IN KING COUNTY, WASHINGTON, EXCEPT THE NORTHERLY 12 FEET THEREOF, CONVEYED FOR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 5749759. ✓ Subject to an underlying deed of trust dated March 1, 1978, recorded March 7, 1978 J in favor of Seafirst Mortgs^e Corporation which grantee herein agrEes to assum-- and r pay according to its terms and conditions. n Subject to easements, restrictions and reservations of record, if any. J TAX PARCH. No. 36643M300-07. SUBJECT TO: 1. OBUGATION SECURED BY DEED OF TRUST GRANTOR MADE TO UMTPID STATES NATIONAL BANK Of OREGON, AS TRUSTEE, IN FAVOR OF US BANK OF WASHRIGTON, NATIONAL ASSOCIATION, AS BENEFTCiARY, IN THE ORIGINAL AMOUNT OF $65,000.000 DATED MY 24, 1996 AND RECORDED JULY 13, 1996 UNDER RECORDING NO. 9607310065, WIRCH ORLIGATION WILL NOW BE PAID BY GRANTEE. 2. A RECORD OF SURVEY RECORDED ON NOVE)ABFA 8, 1979 UNDER RECORDING NO. 781108901 L ( AFFECT'S THE SOUTH LINE OF THE PROPERTY DREW DESCRIBED). 3 F_ASEWNT FOR THE RIGHT TO MAKE STAPES FOR CATS AND FIILLS ALONG THE STREET MARMI OF SAID PREMISES ABUrn NG SOMMAST 129.. SIR ET, AS GRANTED BY DM) RECORDED UNDER RECORDING NO. 5726492. EXHIBIT "A" NOTICE OF ON SITE SEWAGE SYSTEM AND THE TERMS AND CONDITIONS THEREOF: RECORDED: March 25, 2003 RECORDING NUMBER: 20030325002413 i CITY OF MENTON JUL 21 2000 r�E^C _. r CITY OF RENTON COUNCIL AGENDA BILL Al #: , Submitting Data: For Agenda of: Dept/Div/Board.. Community & Economic August 17, 2009 Development Staff Contact...... Angie Mathias x6576 Agenda Status Consent .............. Public Hearing.. Subject: Duvall South Annexation Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: King County Boundary Review Board Closing Letter Study Sessions...... Map Information......... Draft Ordinances X ►9 Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project... SUMMARY OF ACTION:. On February 9, 2009, City Council adopted a resolution initiating the annexation of an unincorporated island of land identified as Duvall South. The area is approximately 12-acres in size and is located at the eastern portion of the current City limits. It is 81% surrounded by the current City limits. City departments conducted a review of the annexation proposal and all departments indicated that the annexation represents a logical extension of their services and raised no concerns about annexing the area. On March 2, 2009 City Council held a public hearing in the matter and authorized the administration to forward a Notice of Intent packet to the Boundary Review Board (BRB). On June 2, 2009 the BRB issued a Closing Letter for Completed Action indicating their approval of the annexation. The next step in the annexation of this area is for Council to adopt ordinances annexing Duvall South. The prezoning of the area was done in conjunction with the East Renton Plateau prezone with Ordinance #5257 and #5254. The annexation ordinance is subject to a referendum by voters of the area and will be effective 45 days following the publication of this ordinance should no referendum be filed. STAFF RECOMMENDATION: Adopt the ordinance annexing the Duvall South area. Agenda Bill - Duvall Ordinances Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 • Fax: (206) 296-6803 • http://www.kingcounty.gov/annexations June 2, 2009 City of Renton Attn: Angie Mathias, Associate Planner 1055 South Grady Way Renton, WA 98057 R$c JUN 0 of� { f7tica 's St e Qprn �. re4eglg RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2295 - City of Renton - Duvall South Annexation Dear Ms. Mathias: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above -referenced proposed action filed with the Board effective: April 13, 2009. The Boundary Review Board also provided a 45-day public review period April 13 - May 28, 2009, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: June 2, 2009. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, June 2, 2009 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Chinook Building, King County Office of Strategic Planning & Performance Management (OSPPM), 401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Dave Wilson, Elections Division Hazel Gantz, Department of Assessment Lydia Reynolds -Jones, Manager, Project Support Services King County "911 " Program Paul Reitenbach, Department of Development & Environmental Services Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM) Connie Wong, Facilities Management Division, Real Estate Section Anne Lockmiller, Facilities Management Division, Real Estate Section t Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician May 119.2009 N 0 150 300 Feet Y�IYT 1:3,200 Duvall South Annexation Vicinity Map Duvall South Annexation Boundary City Limits Prod iced by City of Renton (c) 2009. the City of Renton all rights reserved. No warranties of any soil, including but not limited to accuracy. fitness or merchantability, accompany this product. File Name::\CED\Planning\GIS\GIS_projects\annexations\ cluvall_south_annex\mxds\1_duvall_south_annex_vicinity_B&W.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (DUVALL SOUTH; FILE NO. A-09-001). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent contiguous to the city and is less than one hundred acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3996 calling for the annexation of the Duvall South area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009 affording proponents and opponents of the proposed annexation the to opportunity to be heard; and WHEREAS, as part of the East Renton Plateau pre -zoning the area was considered as file number LUA 06-152 and the City held public hearings regarding the pre -zoning of the area with the first hearing held on November 6, 2006 and the second hearing held on December 11, 2006; and WHEREAS, pre -zoning was determined to be Residential Four Dwelling Units per Net Acre (R-4) for the eastern portion of the area and adopted by Ordinance number 5254 and pre- 1 ORDINANCE NO. zoning was determined to be Residential Eight Dwelling Units per Net Acre (R-8) for the western portion of the area and adopted by Ordinance number 5257; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Duvall South and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of he City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 11.6-acres, is generally located immediately north of 1391' Avenue Southeast and immediately west of Field Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a 2 ORDINANCE NO. newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code. SECTION IV. This Ordinance is subject to referendum for forty-five days and shall be effective following the passage of the forty-fifth day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 3 day of 92009. Bonnie I. Walton, City Clerk day of , 2009. Denis Law, Mayor DUVAL SOUTH ANNEXATION LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter and the north 30 feet of the Southwest quarter of Section 15, Township 23 North, Range 5 East, W. M., in King County, Washington of said section bounded by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos.3143, 4564, 3163, 5074 and 5283, listed in clockwise order beginning where the south line of said north 30 feet intersects the said limits to the West. 1 of 1 08/27/2008 9:48 AM ti�Y o Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician December 10, 2008 N 0 225 t 1:4,200 Produced by City of Renton (c) 2008. the City of Renton all rights reserved. No warranties of any sort. including but not limited to accuracy, fitness or merchantahility. accompany this product. Al Duvall South Annexation Vicinity Map �j Duvall South Annexation Area File Name: :\EDNSP\GIS_projects\annexations\ honey_creek_ estates\mxds\1 _honey_creek _estales_annex_vicinity.mxd CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community & Economic Development Staff Contact...... Angie Mathias x6576 Subject: Honey Creek Estates Annexation Exhibits: King County Boundary Review Board Closing Letter Planning Commission Zoning Recommendation Map Draft Ordinances Al42 #: For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... FQ K4 Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: On February 9, 2009, City Council adopted a resolution initiating the annexation of an unincorporated island of land identified as Honey Creek Estates. The area is approximately 18- acres in size and is located at the eastern portion of the current City limits. It is 83% surrounded by the current City limits. City departments conducted a review of the annexation proposal and all departments indicated that the annexation represents a logical extension of their services and raised no concerns about annexing the area. On March 2, 2009 City Council held a public hearing in the matter and authorized the administration to forward a Notice of Intent packet to the Boundary Review Board (BRB). On June 2, 2009 the BRB issued a Closing Letter for Completed Action indicating their approval of the annexation. Public hearings in the matter of zoning were held by the Planning Commission on May 13, 2009 and June 24, 2009. The Planning Commission recommends zoning the area R-4. The next step in the annexation of this area is for Council to adopt ordinances annexing and zoning Honey Creek Estates. The annexation ordinance is subject to a referendum by voters of the area and will be effective 45 days following the publication of this ordinance should no referendum be filed. STAFF RECOMMENDATION: Adopt the ordinance annexing and zoning the Honey Creek Estates area. Agenda Bill - Honey Creek Ordinances Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 • Fax: (206) 296-6803 • http.11www.kingcounhi.gov/annexations June 2, 2009 City of Renton Attn: Angie Mathias, Associate Planner 1055 South Grady Way Renton, WA 98057 RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2294 - Honey Creek Estates Annexation Dear Ms: Mathias We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above -referenced proposed action filed with the Board effective: April 13, 2009 The Boundary Review Board also provided a 45-day public review period April 13 - May 28, 2009, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: June 2, 2009. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, June 2, 2009 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Chinook Building, King County Office of Strategic Planning & Performance Management (OSPPM), 401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Dave Wilson, Elections Division Hazel Gantz, Department of Assessment Lydia Reynolds -Jones, Manager, Project Support Services King County "911 " Program Paul Reitenbach, Department of Development & Environmental Services Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM) Connie Wong, Facilities Management Division, Real Estate Section Anne Lockmiller, Facilities Management Division, Real Estate Section DEPARTMENT OF COMMUNITY r^�Cityof�O AND ECONOMIC DEVELOPMENT �y M E M O R A N D U M DATE: June 24, 2009 TO: King Parker, Committee Chair Members of the Planning and Development Committee FROM: Renton Planning Commission SUBJECT: Honey Creek Estates Annexation Area Prezoning The Renton Planning Commission held two public hearings regarding the prezoning for the Honey Creek Estates annexation area. The first was on May 13, 2009 and the second on June 24, 2009. The Commission deliberated on this issue on June 24, 2009, and makes the following recommendation to the Planning & Development Committee. RECOMMENDED ACTION: MOVED BY OSBORN, SECONDED BY PRINCE to accept the Staff recommendation to prezone the Honey Creek Estates annexation area to R-4. SEVEN FOR, ONE ABSENT. MOTION CARRIED. Commissioners Present: Lisa Brines, Michael Drollinger, Shawn Duffee, Ray Giometti, Gwendolyn High, Nancy Osborn, Kevin Poole, Ed Prince Commissioners Absent: Michael Chen Signed -4 4*11v� Ray giometti, Chair Renton Planning Commission c:\documents and settings\amath ias\local settings\temporary internet files\content.outlook\okbpuzct\honey creek estates prezoning.doc W N s ! l / =tom �� ,�/ / ♦% F�,/� /! ♦ , / / Z�, I w I' " 77 r 4-1 00 R* 1TY o Department of Community Honey Creek Estates Annexation & Economic Development Alex Pietsch, Administrator Vicinity Map Adriana Johnson, Planning Technician December 10, 2008 N 0 150 30i=eet � Honey Creek Estates Annexation Boundary 1:4,200 P:cd.iced by City of Renton (c) 2008, the City of Renton all rights eservc:d. No warranties of any sort, including but not limited to File Name\EDNSP\GIS_projects\annexations\ accuracy, fitness or merchantability, accompany this product. honey- creek_ estates\mxds\1 honey_creekestates _annex_vicinity.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (HONEY CREEK ESTATES; FILE NO. A-09-003). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent contiguous to the city and is less than one hundred acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3998 calling for the annexation of the Honey Creek Estates area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009 affording proponents and opponents of the proposed annexation the to opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the, law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Honey Creek Estates and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of he City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.2-acres, is generally located immediately south Northeast 12t5 Street, if extended and immediately west of 148th Avenue Southeast.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION M. The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include, the proposed effective date of this annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. 2 ORDINANCE NO. SECTION IV. This Ordinance is subject to referendum for forty-five days and shall be effective following the passage of the forty-fifth day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: t] day of , 2009. Bonnie I. Walton, City Clerk _ day of , 2009. Denis Law, Mayor HONEY CREEK ESTATES ANNEXATION LEGAL DESCRIPTION Those portions of Sections 10 & 11 of Township 23 North, Range 5 East, W. M., in King County, Washington, described as follows: The north 20 acres of the Northeast quarter of the Northeast quarter of said Section 10, LESS that portion platted as Brookefield II, as recorded in Volume 224 of Plats, pages 80 - 83, records of King County; TOGETHER with the west 30 feet (148"' Ave SE) of said Section 11 adjacent to the above described. 1 of 1 09/23/2008 1:49 PM e Department of Community Honey Creek Estates Annexation & Economic Development Alex Pietsch, Administrator Vicinity Map Adriana Johnson, Planning Technician December 10, 2008 N 0 150 30Feet + Honey Creek Estates Annexation Boundary 1:4,200 Produced by City of Renton (c) 2008, the City of Renton all rights i served. No waranties of any sort. including but not limited to File Name::\EDNSP\GIS_proiects\annexations\ r acau'acy, fitness or merchantability, accompany this product. honey_creek_estates\mxds\1_ honey_creek_ estates_annex_vicinity,mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (HONEY CREEK ESTATES ANNEXATION, FILE NO. A-09-003). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study, and public hearing, and two public hearing having been held thereon on or about May 13, 2009, and June 24, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.2-acres, is generally located immediately south Northeast 12th Street, if extended and immediately west of 148th Avenue Southeast.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Honey Creek Estates annexation. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 2 day of , 2009. Bonnie I. Walton, City Clerk _ day of 32009. Denis Law, Mayor ° o ,2 Ty» / \ E �o \ \}\( � $( §§ £ 2 n f e 3 - \ CD ® k O ° CD / } ? : - 0 CL (2] C _ -• -� � 0 'I CD � \/ 00CD CD ,, z ) C of \+ o o N »-, 2 g O M \ k > :2. (n - \ g CD .q 0. \\ � ° (D /,° 0 U) \\ / � / m � \\ � CD \ - � \ � 0' � CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community & Economic Development Staff Contact...... Angie Mathias x6576 Subject: Sunset East Annexation Exhibits: King County Boundary Review Board Closing Letter Planning Commission Recommendation Map Draft Ordinances AI#: For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X 121 Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: On February 9, 2009, City Council adopted a resolution initiating the annexation of an unincorporated island of land identified as Sunset East. The area is approximately 16-acres in size and is located at the eastern portion of the current City limits. It is entirely surrounded by the current City limits. City departments conducted a review of the annexation proposal and all departments indicated that the annexation represents a logical extension of their services and raised no concerns about annexing the area. On March 2, 2009 City Council held a public hearing in the matter and authorized the administration to forward a Notice of Intent packet to the Boundary Review Board (BRB). On May 29, 2009 the BRB issued a Closing Letter for Completed Action indicating their approval of the annexation. Public hearings in the matter of zoning were held by the Planning Commission on April 22, 2009 and May 27, 2009. The Planning Commission recommends zoning the area R-4. The next step in the annexation of this area is for Council to adopt ordinances annexing and zoning Sunset East. The annexation ordinance is subject to a referendum by voters of the area and will be effective 45 days following the publication of this ordinance should no referendum be filed. STAFF RECOMMENDATION: Adopt the ordinances annexing and zoning the Sunset East area. Agenda Bill - Sunset Ordinances Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 • Fax: (206) 296-6803 • http://www.kingcounty.gov/annexations May 29, 2009 City of Renton Attn: Angie Mathias, Associate Planner 1055 Grady Way Renton, WA 98057 RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2296 - City of Renton - Sunset East Annexation Dear Ms. Mathias: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above -referenced proposed action filed with the Board effective: May 28, 2009. The Boundary Review Board also provided a 45-day public review period April 13 - May 28, 2009, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: May 28, 2009. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, May 29, 2009 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Chinook Building, King County Office of Strategic Planning & Performance Management (SPPM), 401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Dave Wilson, Elections Division Hazel Gantz, Department of Assessment Lydia Reynolds -Jones, Manager, Project Support Services King County "911 " Program Paul Reitenbach, Department of Development & Environmental Services Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM) Connie Wong, Facilities Management Division, Real Estate Section Anne Lockmiller, Facilities Management Division, Real Estate Section DEPARTMENT OF COMMUNITY p City of AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 27, 2009 TO: King Parker, Committee Chair Members of the Planning and Development Committee FROM: Renton Planning Commission SUBJECT: Sunset East Annexation Area Prezoning The Renton Planning Commission held two public hearings regarding the prezoning for the Sunset East annexation area. The first was on April 22, 2009 and the second on May 27, 2009. The Commission deliberated on this issue on May 27, 2009, and makes the following recommendation to the Planning & Development Committee. RECOMMENDED ACTION: MOVED BY CHEN, SECONDED BY BRINES to accept the Staff recommendation to prezone the Sunset East annexation area to R-4. FIVE FOR, THREE ABSENT. MOTION CARRIED. Commissioners Present: Lisa Brines, Michael Chen, Shawn Duffee, Ray Giometti, Nancy Osborn, Kevin Poole Commissioners Absent: Michael Drollinger, Gwendolyn High, Ed Prince Signed -A44 Ray giometti, Chair Renton Planning Commission h:\ced\planning\planning com mission\recom mend ations\2009\su nset east prezoning.doc W Z CJ Q U M r.� // �rr I /�/ r Y ' i� l✓'J AA NO os�Y o� Department of Community Sunset East Annexation . �_ , & Economic Development ��,ToZ Alex Pietsch, Administrator Vicinity Map Adriana Johnson, Planning Technician December 10, 2008 N 0 195 3 eet CM Sunset East Annexation Bdry 1:4,200 Produced by City of Renton (c) 2008. the City of Renton all rights reserved. No warranties of any sort, including but not limited to File Name::\EDNSP\GIS_projects\annexations\ accuracy, fitness or merchantability, accompany this product sunset_east_annex\mxds\1 _sunset_east_annex_vicinity.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (SUNSET EAST; FILE NO. A-09-002). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent contiguous to the city and is less than one hundred acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3997 calling for the annexation of the Sunset East area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009 affording proponents and opponents of the proposed annexation the to opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of May 29, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Sunset East and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of he City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include, the proposed effective date of this annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. 2 ORDINANCE NO. SECTION IV. This Ordinance is subject to referendum for forty-five days and shall be effective following the passage of the forty-fifth day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 3 Bonnie I. Walton, City Clerk day of Denis Law, Mayor 2009. 2009. SUNSET EAST ANNEXATION LEGAL DESCRIPTION That portion of unincorporated King County lying in the Southeast quarter of Section 3, Township 23 North, Range 5 East, W. M., in King County, Washington, bounded on all sides by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos. 4092, 5068 and 5293, listed in clockwise order beginning with the western boundary of the hereby described. 1 of 1 08/27/2008 12:33 PM m ;� c ♦ L, n Q V O Ji CD 1100 (D z 3 v a d D C-) 0 5 N O 0 !O co 0 x s� r� 0 3 N N v N N F 3 CD O ? G O o rCD N a 0 7 CD G t 02� cod' (D 0 0 3 y G T S O -0 3 J3� N. wZ d T3T� `D fl (u V N D r CD N m � rf 3 N mID xm m x o v N7 �M o X � n M n 0 CD co x x X N i< x O. Id pu Ilwaco Ave NE CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (SUNSET EAST ANNEXATION, FILE NO. A-09-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study, and public hearing, and two public hearing having been held thereon on or about April 22, 2009, and May 27, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Sunset East annexation. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: FA Bonnie I. Walton, City Clerk day of Denis Law, Mayor 110 2009. NE.16th_St; I , i I 00 - -- SE &' 112th t--- - --- ------ 1 I SE 112th PI - i SE 113th St I Department of Community Sunset East Annexation • � � &Economic Development Alex Pietsch, Administrator Zoning Data/GIS Services Adriana Johnson, Patrick Roduin April 23, 2008 N Legend 0 155 310 Kt-Y f_j Sunset East Annexation Boundary Feet 0 R4 (proposed zoning) 1:3600 Produced by City of Renton (c) 2009, the City of Renton an rights reserved. No warranties of anv son, File Name: H.\CED\Planning\GIS\GIS_projects\annexations\ inducing but not limited to acruracy, fimessor mr,chawribility, accompany this product sunset _eastlmxdstsunset_east_annex_Proposed_zoning_B&W.mxd CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Community & Economic Development Department Dept/Div/Board.. Planning Division Staff Contact...... Gerald Wasser, Associate Planner Subject: Real Estate Sign Kiosk Program Exhibits: Issue Paper with Attachments Al #: For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... KI Recommended Action: Approvals: Set public hearing for September 14, 2009 and refer to Legal Dept......... X Planning & Development Committee. Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Adoption of an ordinance to amend the Renton Municipal Code (Sections 4-1-140:M3 and 4-4- 100:J2) to establish a permit fee for real estate sign kiosks and to create a Real Estate Kiosk Sign category and authorization of the Real Estate Sign Kiosk Pilot Program. STAFF RECOMMENDATION: Adopt an ordinance to amend the Renton Municipal Code (Sections 4-1-140:M3 and 4-4-100:J2) to establish a permit fee for real estate sign kiosks and to create a new category of sign, the Real Estate Kiosk Sign, and authorize the Real Estate Sign Kiosk Pilot Program for a maximum of three years, unless extended. Rentonnet/agnbill/ bh ity of COMMUNITYDEVELOPMENT ECONOMIC p ^C�O� ISSUE PAPER DATE: August 11, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Gerald Wasser, Associate Planner SUBJECT: Real Estate Sign Kiosk Program ISSUE: Should the City of Renton establish a Real Estate Sign Kiosk Pilot Program? RECOMMENDATION: Adopt an ordinance to amend the Renton Municipal Code (Section 4-4-100) to create a new category of sign, the Real Estate Sign Kiosk, and authorize the Real Estate Sign Kiosk Pilot Program for a period of three years. BACKGROUND/SUMMARY: Real estate directional signs are a means of wayfinding for potential home buyers. These signs would typically be located within public rights -of -way along major thoroughfares at or near key intersections and are oriented toward automobile drivers. While these signs are helpful, many non -permitted real estate directional signs occur within the City. The directional signs may create a nuisance and public safety risk at some intersections, particularly on weekend days. Due to subdivision activity in the Highlands area and along the NE 4th corridor, NE 4th Street and Sunset Boulevard have become particularly notable for these directional signs. As a response to these issues the Master Builders Association (MBA) of King and Snohomish Counties represents home builders and has proposed a Real Estate Sign Kiosk Pilot Program to be implemented by the City. The members of the MBA who conduct business in the City of Renton have a vested interest in this proposed program. The real estate sign kiosks would provide a uniform wayfinding system throughout the City for new housing developments. Under their proposal each kiosk would be a h:\ced\planning\current planning\gw\real estate kiosk signs\issue paper 2.doc Real Estate Kiosk Sign Pilot Program Page 2 of 3 August 11, 2009 maximum of 10 feet high by 5 feet wide and would have a maximum of 7 directional panels in addition to a sign panel which identifies the City of Renton. Because the City would not own the real estate kiosks, the City logo may not be used. Each panel would be 1 foot high by 5 feet wide (see Attachment 1). Two of the panels will be reserved for providing directions to community/public facilities such as libraries, parks, schools and community centers at no cost to the City of Renton. The MBA would have responsibility for building, installing, and maintaining the real estate kiosks and individual directional panels. After having entered into a Master Use Agreement and obtained the appropriate sign permits, the Master Builders Association would lease directional panels to homebuilders/developers. Rates of $110.00 per panel per month have been proposed; $20.00 of this amount would pass through to the City of Renton as an administrative fee. An account will be set up with the Finance Department for collection of the pass through fee. Municipalities in Arizona, California and Nevada have used real estate kiosk programs successfully for over 20 years. The programs have reduced or eliminated visual clutter, and the signs have been used for wayfinding long after the homes have been sold. With regard to Renton's proposed program, a Master Use Agreement would allow the Master Builders Association of King and Snohomish Counties to be the exclusive owners of the real estate kiosk signs. The Master Use Agreement would indemnify and hold harmless the City of Renton. As owners of the real estate kiosks, the MBA would also be required to provide comprehensive general liability insurance coverage insuring themselves and the City and its elected and appointed officers, officials, agents and employees as additional insured. (Automobile and workers compensation insurance would also be required.) The Real Estate Sign Kiosk Pilot Program would be in effect for a period of three years unless extended. Initially, the kiosks would be located along NE 4th Street, SR 900/Sunset Boulevard (from 1-405 to 156th Avenue SE), SE 951h Way, NE 27th Street, and N 30th Street (see Attachment 2). A total of 27 kiosks are proposed. City staff have visited these locations and evaluated them for installation of kiosk signs. Review criteria included: the relationship of the locations to form a logical wayfinding system; the number of sign faces necessary; and the physical constraints of the location. These kiosks would provide a wayfinding network to current and future housing developments in the Highlands and Kennydale communities and further along the proposed corridors. Should the program be continued after the initial three year period, the program could be expanded citywide at the City's discretion. The Real Estate Sign Kiosk Program would provide a uniform wayfinding system for new residential developments and the potential for reducing the proliferation of unauthorized real estate signs. Involving the Master Builders Association adds an h:\ced\planning\current planning\gw\real estate kiosk signs\issue paper 2.doc Real Estate Kiosk Sign Pilot Program Page 3 of 3 August 11, 2009 industry self-governing component to the City's sign regulations. While this program is designed for residential development only, other commercial businesses may desire similar wayfinding systems. This is a pilot program which will be monitored annually and evaluated for its performance by the Community & Economic Development Department. The results of the annual evaluation will be reported to the Planning and Development Committee. At the conclusion of the three year pilot time period, the Council will be presented with the monitoring results in order to determine the success of the program, suggested improvements and whether it should be continued. CONCLUSION: The Community & Economic Development Department requests authorization to proceed with amendments to the Renton Municipal Code establishing a Real Estate Sign Kiosk Program (see Attachment 3) and to set the date of a public hearing for September 14, 2009. Attachments: 1. Draft Kiosk Design 2. Location Map 3. Draft Ordinance cc: Jay Covington, Chief Administrative Officer C.E. Vincent, Planning Director Suzanne Dale Estey, Economic Development Director Neil Watts, Development Services Director Greg Zimmerman, Public Works Administrator Peter Hahn, Deputy Public Works Administrator h:\ced\planning\current planning\gw\real estate kiosk signs\issue paper 2.doc ATTACHMENT 1 Awaiting graphic of Real Estate Sign Kiosk from Kelly Balcomb-Bartok. ATTACHMENT 2 g� w Camwest Bristol Court Classic Suncrest Sierra Homes Windston •a 10 2 Amer. Classic Windstone 3 400 its 5 6 e12 1 o s s g 10 105 Norris JerlcM Estaba 7 1, Westcott Vercello is 10 20• ®187 cemxosi snamZ ® 23 NF 4th 240025 022 it 026 i Burnsteads Highlands Pk i Bennett Woodgrove Dreamcraft Buchan The Pointe Plateau at Panther Lak City of Renton Pilot Directional Program 4-10-2009 rev. 2 CITY OF RENTON COUNCIL AGENDA BILL AI #: submitting Data: Community Services Department For Agenda of: Dept/Div/Board.. Recreation Division August 17 , 2009 Agenda Status Staff Contact...... Terry Higashiyama, Community Services Department, Administrator, Ext. 6606 Consent .............. X Public Hearing.. subject: Designated Fund Agreement with the Renton Correspondence.. Community Foundation for the Renton Senior Activity Ordinance ............. Center Fund. Resolution............ Old Business........ New Business....... exhibits: Issue Paper Study Sessions...... Renton Community Foundation Designated Fund Information......... Agreement Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... X Other ............... 41scal Impact: Expenditure Required... Amount Budgeted....... Total Proiect Budget Transfer/Amendment. $596,320.65...... Revenue Generated......... City Share Total Project.. The Community Services Department requests Council approval to authorize the Mayor and the City Clerk to enter into the Designated Fund Agreement with the Renton Community Foundation. • Authorize the Mayor to sign and the City Clerk to attest the Designated Fund Agreement with the Renton Community Foundation. Renton net/agnbill/ bh COMMUNITY SERVICES DEPARTMENT ® ^C�,Mf�O� ., M E M O R A N D U M DATE: June 18, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Jerry Rerecich, Ext. 6615 SUBJECT: Bequeath from the Estate of George S. Ikuta In January 2008 the Law Offices of Dan Kellogg notified Shawn Daly, Recreation Supervisor, Renton Senior Activity Center, of Notice of Appointment and Pendency of Probate in the Last Will and Testament of George S. Ikuta, deceased. This notification indicated that the estate of Mr. lkuta would leave 16-2/3% to the Renton Senior Activity Center to be used for the support of senior citizen programs. On June 8, 2009, Mr. Daly received further notification from the Law Offices of Dan Kellogg that after paying for closing costs, the amount due to the Renton Senior Activity Center would be $596, 320.65. Mr. Ikuta's wife, Janis, who preceded Mr. Ikuta in death, was a participant at the Renton Senior Activity Center for many years. Mrs. Ikuta was an inspiration for those that new her. Her valiant fight against cancer was remarkable. Never without a smile or a kind word, the memory of Mrs. Ikuta will live for a long time. Mr. and Mrs. Ikuta did not have children. Final accounting is currently in progress and a check should be issued soon. Although the exact use of the funds has not been decided, staff is currently researching options for the best management of the funds. c: Jay Covington, Chief Administrative Officer c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\economic development.doc CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Dept/Div/Board.. Fire and Emergency Services Department/Emergency Management Staff Contact...... Emergency Management Director Deborah Needham Subject: Pre -incident emergency proclamation for the Green River flood threat nwits: Issue Paper Resolution August 17, 2009 Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . X /:/ Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... Other...... Expenditure Required... $0.00 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $0.00 Total Project Budget City Share Total Project.. WMARY OF ACTION: The Renton City Council is asked to support the Mayor's emergency proclamation by passing a resolution. a resolution proclaiming an emergency due to the Green River flood threat. FIRE & EMERGENCY SERVICES DEPARTMENT D City of M E M O R A N D U M DATE: August 17, 2009 TO: Randy Corman, Council President Members of the City Council VIA: ;, Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: Pre -Incident Emergency Proclamation ISSUE The emergency response planning for a pending emergency on the Green River is not currently supported by an emergency proclamation. RECOMMENDATION Staff recommends that the City of Renton Council adopt a resolution proclaiming an emergency based on the level of threatened flooding on the Green River possible in the 2009 flood season. BACKGROUND The recent flood pool restrictions at the Howard Hanson dam have substantially elevated the flood risk to the area of Renton within the Green River Valley. Damage to infrastructure and facilities, and the resultant interruption of commerce in the Valley, would have a severe economic impact upon the City and its business community. The City of Renton does not own or maintain any levees within the Valley and yet is exposed to risks posed by levees which will be subjected to unprecedented flows on the Green River. Local communities are unable to absorb the cost of levee improvements or repairs in time to mitigate the flood risk for the 2009 flood season. Likewise, the Howard Hanson dam has not yet been approved for sufficient federal funding to implement a long-term solution. King County sent a letter to the Governor of the State of Washington requesting a Governor's pre -incident emergency proclamation. A Governor's proclamation is needed in order to marshal federal resources to assist in costly mitigation and repair measures. A pre -incident emergency proclamation from the City of Renton would strengthen the case for an emergency proclamation from the Governor. It would also position the City to move swiftly to take all necessary measures when emergency conditions arise on the Randy Corman, Council President Members of the City Council Page 2 of 2 August 10, 2009 Green River and to commit all necessary resources in the pre -incident planning phase to ensure the best possible response outcomes. CONCLUSION The City of Renton would be better equipped to handle a flood of the Green River if the City of Renton Council would adopt a resolution proclaiming an emergency based on the unprecedented level of threatened flooding on the Green River possible in the 2009 flood season. h:\1000 ofc\1200 emer mgt\administration\council\proclamations\20090727 emergency proclamation issue paper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON PROCLAIMING A LOCAL EMERGENCY. WHEREAS, Resolution No. 3411 of the City of Renton, State of Washington, empowers the Mayor and City Council to proclaim the existence or threatened existence of a local emergency in the City, when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, the United States Army Corps of Engineers has declared that the flood - control capabilities of the Howard Hanson Dam have been diminished and that local communities should plan for flooding on the Green River during the 2009 and subsequent flood seasons; and WHEREAS, the City of Renton would experience major infrastructure damage, business disruptions and economic impacts due to such a flood; and WHEREAS, Renton Fire Chief I. David Daniels, Emergency Services Administrator, recommends that an emergency be proclaimed in the City of Renton; and WHEREAS, Mayor Denis Law and the City Council are requested by the Emergency Services Administrator to proclaim the existence of a local emergency therein; and WHEREAS, said Mayor and City Council do hereby find that conditions of peril to the safety of persons and property are threatened within the City, caused by the current condition of the Howard Hanson Dam on the Green River; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The declarations of emergency conditions declared by the United States Army Corps of Engineers and Emergency Services Administrator are approved, confirmed and adopted by the City Council. SECTION III. It is hereby proclaimed that during the existence of said local emergency, the powers, functions, and duties necessary to prepare for, stabilize and control said incident are given to the Emergency Services Administrator and Public Works Administrator. SECTION IV. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor and City Council. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of .12009. Approved as to form: Lawrence J. Warren, City Attorney R ES :1414: 7/2 7/09 : s c r 2 Denis Law, Mayor CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of 08/17/09 Dept/Div/Board.. Police/SCORE Agenda Status Staff Contact...... Penny Bartley - Extension 7565 Consent..............x Public Hearing.. Subject: (1) SCORE Interlocal Agreement Amendment Correspondence.. (2) SCORE Interlocal Agreement with the City of Des Ordinance ........... x Moines Resolution ............ Old Business........ New Business....... Exhibits: (1) Issue Paper Study Sessions...... (2) Ordinance Information......... (3) Interlocal Agreement Amendment Interlocal ........... x (4) Interlocal Agreement with the Cities of Des Moines, Auburn, Federal Way, Renton and SCORE Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: All SCORE cities approve an "Amended and Restated Interlocal Agreement" for SCORE which creates a new membership category for the City of Des Moines as a "Host Jurisdiction." Furthermore, the cities of Auburn, Des Moines, Federal Way and Renton enter into an Interlocal Agreement that identifies Des Moines obligation for debt service repayment to the three cities. STAFF RECOMMENDATION: Approve adoption of the SCORE Interlocal and the Interlocal between the cities of Auburn, Des Moines, Federal Way, Renton and SCORE. Rentonnet/agnbill/ bh POLICE DEPARTMENT city of M E M O R A N D U M DATE: August 10, 2009 TO: Randy Corman, Council President Members of the City Council VIA:' Denis Law, Mayor FROM: Kevin Milosevich, Police Chief STAFF CONTACT: Penny Bartley, SCORE Interim Director SUBJECT: SCORE INTERLOCAL AGREEMENT AMENDMENT Issue: Should the SCORE owner cities revise the existing interlocal agreement and create a new "Host Jurisdiction" category, and remove the City of Des Moines from the capital obligation? Background: The SCORE cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila) signed an interlocal Agreement in January that established the structure of SCORE and allocated the debt service to each of the owner cities. Part of the process of issuing the bonds includes each of the cities having presentations with the rating agencies. Following the presentations, the rating agencies announce rating scores for each city that will in turn create a composite rating score for SCORE. The final rating will determine the interest rate at which SCORE will be able to borrow money. The City of Des Moines has traditionally used Moody's for their credit rating. Moody's recently downgraded Des Moines' bond rating which gives the other SCORE agencies grounds for concern. Des Moines recently had a rating presentation with Standard and Poors (S & P). Standard and Poors will not indicate the actual rating prior to review, however based upon the recently downgrade from Moody's, it is unlikely that it will be favorable. cAdocuments and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\issue paper - score ila amendment.doc Addressee Name Page 2 of 3 Date of Memo Here As a multi -jurisdictional agency, SCORE's overall credit rating will be derived from the ratings of its owner agencies. Moody's has indicated that they will use a blended rate, reviewing the credit of all of the owner agencies. However, S & P has indicated that they will base SCORE's rating upon the weakest credit amongst all of the owner agencies, which we now believe will be Des Moines. Early indications are that the negative rating from S & P will add between 75 and 125 basis points to interest rate for SCORE. An increase in this range would add between $500,000 and $850,000 annually in debt service obligation. The SCORE Administrative Board, Finance Directors, and SCORE's financial advisors and underwriters have met to review potential options. The available options include and the benefits of each are listed below: Option 1— Request a rating from Fitch's rating company. As this option was explored further, it was learned that they utilize the same rating methods as S & P and would use and the rating from the lowest agency would be applied to SCORE. Option 2 was reviewed at length. SCORE's financial advisor believes that creating a bond reserve fund would help lessen the negative impact of a single owner cities' rating. However, creating the bond reserve fund would require the cities to either issue additional bonds to finance the reserve (approximately $6 million) or the cities would have to allocate a portion of their existing reserves to the bond fund. Issuing additional bonds will increase the annual debt service by approximately $400,000 for the additional $6 million in bonds issued. The annual increase in debt service would amount to a $12 million increase over the life of the bonds. Option 3, implementing a "step-up" provision would require re -writing the ILA and would mean that each of the cities would be obligating themselves to paying 100% of the debt service should other cities default. The total bond amount exceeds the available bond capacity for many of the cities. The cities that could assume that full liability felt uncomfortable being responsible for the entire amount. Additionally, there was mixed information about whether a step-up provision would provide enough benefit to offset the risks or negative credit rating of one of the agencies. Option 4 requires the redrafting of the ILA and the creation of a new member category known as "Host Jurisdiction." The Host Jurisdiction would be Des Moines. They would be entitled to same rights as the original owner agencies; however they would be removed from the debt obligation that they have now. c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\issue paper - score ila amendment.doc Addressee Name Page 3 of 3 Date of Memo Here The cities of Auburn, Federal Way and Renton would each increase their share of the debt burden by two, one, and two percent respectfully. There would be a separate agreement under which Des Moines would be tied to the cities of Auburn, Federal Way and Renton for their obligation of the debt service. Amending the existing ILA is not something that is considered lightly. However, it is the option that provides the most certainty for the credit ratings and it doesn't require the cities incurring additional debt to create a reserve. Amendment of the ILA is the preferred option by the SCORE Administrative Board. The attached ILA is titled an "Amendment and Restatement" of the SCORE ILA. The purpose of the restatement is to prevent the cities from having to recreate SCORE or the SCORE Public Development Authority (PDA). Unfortunately, the time in order to complete the amendment is very restrictive. In order to meet the rating schedule, the cities must approve the ILA amendment by September 14th. The bonds are currently scheduled to be sold on October 14th and any revisions must be in effective by that date. Three of the cities, Renton, Federal Way and Des Moines, also have a referendum and initiative process which requires a 30 day window before any ordinance would be considered final. Recommendation: The Mayor and City Clerk are authorized to sign the revised ILA for SCORE and the ILA among the cities of Renton, Federal Way, Auburn and Des Moines and SCORE. eMocuments and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\issue paper - score ila amendment.doc [Form of ordinance for Renton, Auburn, and Federal Way. Note: This form of ordinance will need to be revised to reflect the City's customary format.] ORDINANCE NO. AN ORDINANCE of the City Council of the City of [Renton] [Auburn] [Federal Way] authorizing the execution of an amended and restated interlocal agreement relating to the South Correctional Entity Facility; authorizing the execution of an interlocal agreement among the [Cities of Renton, Auburn, Federal Way, and Des Moines, Washington], and the South Correctional Entity; and amending Ordinance No. [5443][6224][09- 603]. WHEREAS, the City of [Renton] [Auburn] [Federal Way], Washington (the "City") is authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance No. [5443][6224][09-603] adopted by the City on [February 2, 2009][January 20, 2009][February 17, 2009] and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with [Renton], [Auburn], [Federal Way], Burien, Des Moines, Tukwila and SeaTac, Washington (the "Member Cities"), dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency known as the South Correctional Entity ("SCORE"); and WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional facility to be located in Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, pursuant to Ordinance No. [5443][6224][09-603], the City pledged its full faith and credit toward the payment of its allocable proportion ([34%][29%][17%]) of the debt service on bonds issued by the Authority; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Interlocal Agreement") to reallocate the proportional share of debt service due from Renton, Auburn, Federal Way, Tukwila, SeaTac and Burien (the "Owner Cities") on bonds issued by the Authority and to designate Des Moines as the "host city"; and WHEREAS, the SCORE Interlocal Agreement requires that Des Moines enter into an agreement with SCORE and the Owner Cities, as necessary, pursuant to which the City will pay a host city fee for its use of the SCORE Facility; and WHEREAS, Des Moines has requested that the City enter into a separate interlocal agreement with [Renton, Auburn, Federal Way], Des Moines and SCORE (the "Interlocal Agreement") which will provide, in part, that Des Moines pay a host city fee for use of the SCORE Facility as provided therein; and WHEREAS, in consideration for the payments to be made by Des Moines as provided in the Interlocal Agreement, the City now desires to increase it allocable percentage of debt service on bonds issued by the Authority and to amend and restate the Original Interlocal Agreement as provided herein; THE CITY COUNCIL OF THE CITY OF [RENTON] [AUBURN] [FEDERAL WAY], WASHINGTON ORDAINS AS FOLLOWS: Section 1. Approval of Amended and Restated SCORE Interlocal Agreement. The City Council hereby approves the Amended and Restated SCORE Interlocal Agreement with [Renton, Auburn, Federal Way, Des Moines, Tukwila, Burien, and SeaTac], Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the "SCORE Interlocal Agreement"). The Mayor is hereby authorized and directed to execute the SCORE Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the terms therein. The SCORE Interlocal Agreement may be further amended from time to time as provided therein. Section 2. Approval of Interlocal Agreement. The City Council hereby approves the Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, substantially in the form as attached hereto as Exhibit B and incorporated herein by this reference (the "Interlocal Agreement"), pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility. The Mayor is hereby authorized and directed to execute the Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the terms therein. The Interlocal Agreement may be amended from time to time as provided therein. -2- PA20358_DG\20358_OKT 08/10/09 Section 3. Amendment to Ordinance No. [5443]j6224][09-6031. [Section IV] [Section 4] of Ordinance No. [5443][6224][09-603] is hereby amended to read as follows (additions are underscored and deletions are shown as stricken): The City shall pay its allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to r3 n, ,19H4_-1 [36] [31 ] [ 181%, to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution"). The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be limited to its [34] r ,1 1361 [311 [ 181[ % allocable share of such obligations; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The City's obligation to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefor. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Bonds issued by the Authority remain outstanding. Section 4. Confirmation of Ordinance [54431[62241[09-6031. Ordinance No. f 54431[6224]j09-6031 and as amended by this amendatory ordinance is hereby ratified and confirmed. Section 5. Effective Date. This ordinance shall take effect and be in force from and after passage and publication as provided by law. PASSED by the City Council of the City of [Renton][Auburn] [Federal Way] this day of , 2009, and signed in authentication of its passage this day of , 20_ -3- P120358 DG\20358 0KT O8/10109 EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) Exhibit A Form of Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity P:\20358-DG\20358-OKV 08/10/09 A: I:ENDED AND RESTATE) SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF DES MOINES, CITY OF FEDERAL WAY, CITY OF RENTON, CITY OF TUKWILA, CITY OF BURIEN, AND CITY OF SEATAC, WASHINGTON Dated as of 2009 - Deleted: February 25 TABLE OF CONTENTS Paize Section1. Definitions............................................................................................................... 2 Section 2. SCORE Facility; Authority ..................................................................................... 3 Section 3. Duration of Agreement........................................................................................... 5 Section 4. Withdrawal and Termination.................................................................................. 5 Section 5. Administrative Board.............................................................................................. 6 Section 6. Operations Board.................................................................................................... 8 Section 7. Facility Director...................................................................................................... 9 Section 8. Personnel Policy...................................................................................................... 9 Section 9. Budget, Policies and Operations............................................................................. 9 Section 10. Contracts and Support Services............................................................................ 10 Section 11. Policy and System Evaluation.............................................................................. 10 Section 12. Additional Services Authorized............................................................................ 10 Section 13. Inventory and Property......................................................................................... 10 Section14. Local Control........................................................................................................ 11 Section 15. SCORE Facility Financing and Construction; SCORE Facility Public DevelopmentAuthority........................................................................................ 11 Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property ............................. 13 Section 17. Compliance with Continuing Disclosure Requirements ....................................... 14 Section 18. Filing of Agreement.............................................................................................. 14 Section19. Severability........................................................................................................... 14 Section 20. Execution and Amendment................................................................................... 14 Section 21. Third Party Beneficiaries...................................................................................... 15 Section22. Hold Harmless...................................................................................................... 15 Section 23. Counterparts.......................................................................................................... 15 Formatted: Page Number -1- P:\20358-DG\20358-OKS 0810/00 .� ANI.E.NDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT ("Agreement") amends and restates the SCORE Interlocal Agreement, dated as of February 25, 2009 (the "Original Interlocal AitrcenienC and as amended and restated hereby, the _..._..._......_ ......... _. ...... _.............. --._.....-- "Areement"1, and is entered into this 2009,among the Cities of Auburn, Des _ - Deleted: February 25 -------------- Moines, Federal Way, Renton, Tukwila, Burien and SeaTae, Washington (the "Member Cities"), ,Deleted: by and all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities entered into_a SCORE Interlocal__ 2reement effective February 25, 2009 (the "Original Interlocal A reement to forma governmental administrative - Deleted: now desire agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be iocated in 'the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South CO1TeCtiona] Entity facility PubicDeelpntAhontyteSCOREFac lityPblicDeielmit uthort")n..h:_.._.......... y, a plrblic development atlthollty chartered by the City of Rento jursuant to RCW 35.21.730 through `Deleted: public corporation created in 1... _...._...-- ._....... - 35.21.755 and secured by the full faith and credit of$bc Cities of Renton, Auburn federal Way, 4 Deleted: accordance with this ..... ....... SeaTaC}1u1Z�1i]a,_a11Cl.Bur7en the"OwnerC:itles" , and Agreement and (......_ ........._. _............... Deleted: the Member Cities WHEREAS, }he Member Cities flow desire to amend the Original Interlocal Agreement _ - j Deleted: the City of Renton has agreed t0 allocate the pron of portion of debt service on bonds issued by the SCORE Facility Public i apublito act corporthe stcity for ontobthnonnasthe — a public corporation to be known as the Development Authority to each of the Owner Cities and to designate the City of Des 'Vloines as ' South Correctional Entity Facility Public f_lle hest city' and I Development Authority (the "SCORE ------' Facility Public Development Authority") subject to the approval of each Member City WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings: "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this Agreement. "Agreement" means this Amended and Restated SCORE; Interlocal Agreement among the Member Cities, as amended from time to time. ._. .. ............ .. ....._..... ... .... .... ... ..._.... .... .... ... ....... ..... .... ... ..... .... ._. _.............. _...... _.. _.......................... __..................... .... ... ......... _.............. .... ...... _..... - "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Budget" means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any information required by policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement. Deleted: ¶ "Base Percentage" means a percentage equal to the 2007 average daily population allocable to the Member Cities in all correctional facilities. Those percentages are as follows:¶ (a) _ Auburn - twenty-nine (29 %)¶ (b) _ Des Moines - five (5%)¶ (c) .. Federal Way - seventeen (17%)¶ (d) _ Renton - thirty-four (34%)¶ (e) _ Tukwila - eight (8%)¶ (f) . Burien - four (4%)¶ (g) .. SeaTac - three (3%)¶ ............................... ....... --------- "Capital Contribution" means, for each jQAj.„.City, that wC)r.Lr r.._.City's �Q,t�ztei.: Deleted: Member er Percentage multiplied by the principal of and interest on Bonds as the same shall become due Deleted: Member and payable, v Deleted: Base Percentage Deleted: and administrative expenses "Costs of Maintenance and Operation" means all reasonable expenses incurred by of the SCORE Facility Public SCORE in causingthe SCORE Facility to be operated and maintained in good repair, workingDevelopment Authority with respect to Y p g p> Bonds order and condition, and all costs of administering SCORE. -.. ........ ........................... - - -- - "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Facility Director" means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this Agreement. "Host: Citv" means the City of Des Moines. Washington. j Deleted: , initially, the Cities of „ Auburn, Des Moines, Federal Way, "Member Cities mea the Owvner Cities and the Host Ci_t ..._.._...._..._.__..._..._..._.-_-_-.._...'_.-_.._.._..._-._...._...._...._..._...._..._. . - - - - - - - - - - - - - Renton, Tukwila, Burien and SeaTac, Washington Formatted: Page Number P:Q0358 DG\20358 OKS 4P8/10/09 ' "Operations Board" means the board formed pursuant to Section 6 of this Agreement. "Owner Cities" mean the Cities of Auburn .Renton, Federal Way. Tukwila, Burien and SeaTac, Washington. "Owner Percentage" means the percentage assigned to each Ow�.ger City._as_follo_s: (a). ... _......... . (b) Federal Wary — eighteen(18%) (c) Renton - thirty-six (36M (.)........._..--_Tuk.tivi_la._-,_eig 1i...(MLQ). (e) Burien four (4%) (f1 ScaTac three (3%) "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this Agreement. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3)py the Member Cities_ _ ' Deleted: and this Agreement "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Facility Public Development Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this Agreement. Section 2. SCORE Facility; Authority. (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall initially consist of the Member Cities. (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve the Member- Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. Formatted: Page Number PA20358 DGU0358 OKS 'P8/70/09 _'' (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Approve the Budget, adopt financial policies and approve expenditures; 3. Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the Operations Board and the Facility Director; 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 4 Formatted: Page Number r� 4 P120358 DG\20358 OKS 0/10/09 ' 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional services; 20. Employ employees as necessary to accomplish the terms of this Agreement; 21. Establish policies and procedures for adding new cities as jai ies_to this 1 Deleted: "Member Cities" Agreement; and 22. Engage in any and all other acts necessary to further the goals of this Agreement. Section 3. Duration of Agreement. The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section 15 of this Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one-year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 3 above, four (4) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a termination of SCORE and this Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any _w. ncr City or the Host (ttv falls _ - Deleted: Member J to budget tor._or provide �ts._<a�hlicak�le annual funding requirements for SCORE as rovided in - Deleted: the required ------------p-------- _ -------- — - Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the _ Formatted: :ed:ed Page Number RU0358_DG220358_OKS p8/10109_ .' underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Owner City withdraws _its membership_ in _SCORE, -the-__.- - Deleted: Member withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the _Owner Cities based on the,Oxvner Percentages; and - Deleted: Member d Deleted: Base Percentage 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any,0wncr City from this Agreement shall not discharge . . Deleted: Member ... or relieve the ¢C}4tiner City_that has withdrawn pursuant to Section 4(a) or been terminated _ Deleted: Member ---------- -- - --- - --- ----- pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the SCORE FacilityPublic Development Authority. _................................._............................................................_..__.._...� p y. jn...{�wer City may relieved of its obligation under - i Deleted: A Member this Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. Section 5. Administrative Board. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facilities Director; (4) cost allocations made prior to the issuance of Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2) Formatted: Page Number Qeitoios RV0358_DGU0358_OKS of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. Votes regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this Agreement not directly incidental to correctional services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. F Formatted: Page Number --� PA20358 DG20358 OKS pe/10/09_ '' Section 6. Operations Board. * - Formatted: Keep with next, Keep lines together (a) Formation. There is further established an Operations Board which shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to two (2) at -large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election of the at -large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at -large member elections. The at -large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings of the Operations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a presiding officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the presiding officer or a majority of its members. Special meetings may be called by the presiding officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the members of the Operations Board. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. A majority of the members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Formatted: Page Number P:\20358_DG\20358_OKS p8/10/09 ' Section 7. Facility Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and other appropriate means in order to fully implement the purposes of this Agreement. The Facility Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 8. Personnel Policy. (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 9. Budy-et, Policies and Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year, which Budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed Budget, and of the required financial participation for the ensuing year. (b) The Administrative Board shall develop financial policies for SCORE as part of the budgetary process. Such policies may include, but are not limited to, (1) items to be provided for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a newp to this Agreement. -1 Deleted: Membercity Formatted: Page Number P120358_DG\20358_OKS P8/10109 (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Facility Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12. Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 13. Inventory and Property. (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed, n accordance with Section 4(f) above. oe�eted: to Member eit7 .......... .._......... _........----- ? Formatted: Page Number 10 P:�20358 DG\20358 0KS QB/10/09 _ ' (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority. (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. L _ Deleted: Pursuant to Rcw 35.21.740, - - - - - - - - - - - - - - - - - - - - - - -1 the City of Des Moines hereby authorizes the City of Renton to operate the SCORE (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and Facility Public Development Authority the PresidingOfficer of the Administrative Board or his or her approved designee, will execute within the corporate limits of the City of 1>h g ; Des Moines in a manner consistent with contracts for the development of the SCORE Facility. These contracts shall include, without the teens of this Agreement. limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has �:hartered the SCORE Facility Public Development Authority The purpose of the SCORE ... - Deleted: agreed to form Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility. The Administrative Board shall serve ex of cio as the Board of Directors of the SCORE Facility Public Development I Deleted: Each Member City shall each Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds pay an allocable port/on • capital and operating costs is relel aggregateated to the by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on SCORE Facility, less revenue received behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make from Subscribing Agencies °` other 1 sources, as provided in this Agreement. payments to the SCORE Facility Public Development Authority at the time and in the amounts 1 Each Member City shall be billed for as required to pay principal of and interest on the Bonds and any administrative costs of the SCORE total allocable capital and operating costs on a semiannual basis, or more frequently Facility Public Development Authority. as determined by the Administrative Board, calculated as provided for in this Section. (d) SCORE Facility Financing. ,____------------------------------- Deleted: Member Deleted: Member (1) Capital Contributions.. Each Oc tler,.,City shall be obligated to pay an - amount equal to its Capital Contribution without regard to the payment or lack thereof by Deleted: Member y p any other Owner City. No ,O« tact City shall be obligated to Pa the Capital Contribution ; Deleted: Member _ _ - —--- — — of any other,CE_City, and each Ow11er..Clt- shall be obligated to budget for and pay - ' Deleted: Member its Capital Contribution. The obligation of each Owner City to pay its Capital `Deleted: Member --.............................................. . _._ Formatted: Page Number 11 PA20358 DGX20358 OKS 1p8/10/09 ' Contribution shall be an irrevocable full faith and credit obligation of such Owner,City, _ - Deleted: Member payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Owner,City on all of the taxable property , I`Deleted: Member — -- _ , within the Owner City and other sources of revenues available therefor. Each Owner Deleted: Member - - - --------- ,City has or will set aside and include in its calculation of outstanding nonvoted general Deleted: Member obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). Each..__Owner.__City"sobligation _to .pay _the Capital Contribution shall not be contingent on the recut of anv revenues from outer sources, including but not limited to Subscribing Agencies or the Host City. An Owner City may repay its Capital Contribution in a manner that is consistent Deleted: A Member with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more QwnergCities shall not affect the Capital_ Contribution of the , . -`Deleted: Member --._.r ...._ ..... ._ remaining E?w:nerCities Any Owncr:City that elects to prepay its Capital Contribution {Deleted Member .............. .1 . - shall be responsible for paying all costs associated with such prepayment. DeMelnber (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board pursuant to Section 9(b) of this Agreement, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the ;yleniher _C=ity 's_2007av_e�•a�e_ daily_ ooyuhition_in , . `Deleted: City's Base Percentay all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Owner. -City shall be obligated.— - `Deleted: Member --- to pay of Costs of Maintenance and Operation shall be based on the Owner City's Deleted: Member average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Ow— - ner Cities in all correctional - : Deleted: Member - - - - - - - - - - - - - - - -................_...._............_....._._........_._.........-...................._._..__.._..._ facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each O-vvncr City shall be obligated to pay of Costs of - -4 Deleted: Member Maintenance and Operation shall be based on the Owner ,City's average daily_ ._ _ Deleted: Member population in the SCORE Facility for the 12-month period ending June 30 of the - preceding year. (e) Billing and Allocation of Revenues. Each Member City shall be billed for its Ca rtal (.;ontribut:ion and its peat nn.._ef'_C osts_of;19,zinterla;zeeanciC)perati.gn.,.._as.._applic.. le.,._f....t!._a. _.p._.... ...._._........ti 1_...... semiannual basis or more frequently as determined by the Administrative Board calculated as Formatted: Page Number 12 PA20358_DGt20358 0KS 'Pa/10/90,...' Rrgvided for in__Section 15(d)aybu_veRevenues received in a calendar year from Subscribing Agencies, the 1--lost City or from sources other than the contributions described in Section 15(d) above shall be _allocated amolig the Member Cities as. provided_ in the_lii ancial,pol.icies, approved by the Administrative Board. lost City. Pursuant to RCW 35._'1.740. the — City of Des Moines. as the Host. City. -----------------------— — hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authontv._vvltlun�the col-porate_llrniis of. the„City gf Dt;S Moines in a 11l`d_ilner coilsistetlt wittli_the. terms of this Agreement. The Host Citv shall enter into a written agreemelt with SCORE and any of the Owner Cities. as applicable, to establish a host city fee to be paid in exchange for its use of the SCORE Facility. (g) Tax -Exemption. The Member Cities shall not (1) make any use of the proceeds from the sale of Bonds or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. Deleted: used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each Member City shall receive credit/benefit of the revenues discussed in this section based on that Member City's proportional average daily population as calculated in Section 15(d)(2) above . .................... ........__............. .................. ..... _...... ........ Formatted: Underline (.b)_ _ Additional Financing. Notwithstanding anything to the contrary in this Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. O Special Facility nation. The SCORE Facility, including all equipment, Deleted: h furnishings, and fixtures is critical to the ability oI.f the Member Cities and the Subscribi1.ng Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. Any costs of the SCORE Formatted: Page Number 13 N20358 DGt20358 OKS IP8/10/09 ' Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116"' Avenue NE, Bellevue, Washington and 1412 1166 Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 17. Compliance with Continuing Disclosure Requirements To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter or remarketing agent for Bonds, each Q,y. er City will enter into an undertaking in a_ _ . - Deleted: Member form acceptable at the time to the participating underwriter or remarketing agent, as the case may be. Section 18. Filing of Agreement Upon execution, this Agreement shall be filed as required in RCW 39.34.040. Section 19. SeverabilitV If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 20. Execution and Amendment This Agreement shall be executed on behalf of each Member City by its Designated Representative and pursuant to an appropriate motion, resolution or ordinance of each Member City. This Agreement shall be deemed adopted upon the date of execution by the last so Designated Representative. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative of each Member City and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as such amendment does not materially adversely affect the owners of the Bonds or affect the tax- exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority are rated by a rating agency, then no amendment that adds or removes an Owner _City from this Agreement or revises Section 15 of this Agreement shall be 4 Deleted: Member permitted unless the SCORE Facility Public Development Authority has received written confirmation from the rating agency that such amendment will not result in a reduction or withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no such amendment as described in the preceding sentence will be permitted unless in the opinion Formatted: Page Number 14 P120358_0G\20358_OKS QB/10/09 of the SCORE Facility Public Development Authority such amendment will not materially adversely affect the owners of the Bonds. Section 21. Third Party Beneficiaries The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for their further benefit. Section 22. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 23. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF RENTON ma I� CITY OF DES MOINES CITY OF TUKWILA M E CITY OF FEDERAL WAY CITY OF BURIEN By: CITY OF SEATAC By: By: Formatted: Page Number 15 R%20358 DGQ0358_OKS EXHIBIT B Form of Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity (attached) INTERLOCAL AGREEMENT AMONG THE CITIES OF RENTON, FEDERAL WAY, AUBURN, AND DES MOINES, WASHINGTON AND THE SOUTH CORRECTIONAL ENTITY THIS INTERLOCAL AGREEMENT ("Agreement") among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, all of which are municipal corporations under the laws and statutes of the State of Washington, and the South Correctional Entity, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE," and together with Renton, Federal Way, Auburn and Des Moines, the "Parties"), is entered into this , 2009: RECITALS: WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Renton, Federal Way, Des Moines, Burien, SeaTac and Tukwila, Washington (the "Member Cities") entered into a SCORE Interlocal Agreement, dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, under the Original Interlocal Agreement, bonds issued by the Authority are secured by the full faith and credit of each Member City in the percentages set forth therein; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Interlocal Agreement") to reallocate the proportion of debt service on bonds issued by the Authority among Auburn, Renton, Federal Way, Burien, SeaTac, and Tukwila (the "Owner Cities") and to designate Des Moines as the host city; and WHEREAS, as the host city, Des Moines will have all of the same powers and privileges under the SCORE Interlocal Agreement as the other Member Cities, including voting authority and obligations with respect to paying costs of maintenance and operation of the SCORE Facility, but is not obligated to make capital contributions toward the payment of debt service on bonds issued by the Authority; and WHEREAS, the SCORE Interlocal Agreement requires Des Moines to enter into a written agreement with SCORE and the Owner Cities, as necessary, pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility; and WHEREAS, the purpose of this agreement is to set forth the host city fee to be paid by Des Moines and provisions related thereto; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings. Capitalized terms used in this Agreement not otherwise defined herein shall have the meanings given such terms in the SCORE Interlocal Agreement. "Administrative Board" means the governing board of SCORE created pursuant to the SCORE Interlocal Agreement. "Agreement" means this Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, as amended from time to time. "Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Capital Contribution" shall have the meaning set forth in the SCORE Interlocal Agreement. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. 2 P:\20358_DG\20358_OKU 08/10/09 "Host City Fee" means the fee to be paid by Des Moines for use of the SCORE Facility as set forth in Section 2 of this Agreement. "Member Cities" mean the Owner Cities and Des Moines. "Owner Cities" mean the Cities of Auburn, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Interlocal Agreement" means the Amended and Restated SCORE Interlocal Agreement among the Member Cities, as may be further amended from time to time "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of the SCORE Interlocal Agreement. Section 2. Host Cites. The Administrative Board of SCORE shall determine a Host City Fee to be paid by Des Moines for use of the SCORE Facility under the terms of this Agreement and the SCORE Interlocal Agreement. The Host City Fee shall be an amount equal to 5% of the principal of and interest due on Bonds issued by the Authority. Payment of the Host City Fee as provided herein shall be in addition to the obligation of Des Moines to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility as provided in Section 15(d) of the SCORE Interlocal Agreement. Section 3. Timing and Method of Payments; Accounting and Allocation of Revenue. (a) Timing of Payments. SCORE shall bill Des Moines its Host City Fee on a semiannual basis, or more frequently as determined by the Administrative Board. Payments shall be made by Des Moines in immediately available funds on the date when due. (b) Method of Payments. Payments shall be made by Des Moines as follows: 2/5 of the Host City Fee shall be payable directly to Renton; 2/5 of the Host City Fee shall be payable directly to Auburn, and 1/5 of the Host City Fee shall be payable directly to Federal Way. Des Moines may, in its discretion, make payments due under this Agreement directly to SCORE. The obligation of Des Moines to pay the Host City Fee hereunder shall be deemed satisfied and discharged at such time and to the extent that any such payments are received by SCORE. (c) Accounting. SCORE shall account for any amounts paid by Des Moines under this Agreement separately in accordance to financial policies approved by the Administrative Board. Renton, Auburn, and Federal Way shall each have a 2/5, 2/5, and 1/5 interest, 3 P:\20358_DG\20358_OKU 08/10/09 respectively, in any amounts received by SCORE under the terms of this Agreement, and such payments shall be credited against amounts owed by Renton, Auburn and Federal Way under the SCORE Interlocal Agreement. The Administrative Board shall include in its financial policies an allocation of revenues received in a calendar year from Subscribing Agencies, Des Moines or from sources other than the contributions described in Section 15(d) of the SCORE Interlocal Agreement in a manner that is consistent with the terms of this Agreement and the SCORE Interlocal Agreement. Notwithstanding the foregoing, nothing in this Agreement shall relieve Renton, Auburn or Federal Way from paying its Capital Contribution at the times and in the amounts required by the SCORE Interlocal Agreement. Section 4. Nature of the Obli ate. The obligation of Des Moines to pay the Host City Fee in the amounts, at the times and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. Des Moines hereby agrees to pay the required Host City Fee hereunder regardless of whether the SCORE Facility is operating at any particular time. The obligation of Des Moines to pay the Host City Fee shall be an irrevocable full faith and credit obligation of Des Moines, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of Des Moines on all of the taxable property within Des Moines and other sources of revenues available therefor. Des Moines hereby agrees to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal amount of the Host City Fee so long as Bonds remain outstanding for the duration of this Agreement. Des Moines may prepay the Host City Fee in the same manner permitted to Owner Cities under the terms of the SCORE Interlocal Agreement. Any such prepayment shall be allocated among Renton, Auburn, and Federal Way as provided in Section 3(c) hereof. Section 5. Term of Agreement; Termination. (a) The term of this Agreement shall commence on the effective date of this Agreement and, unless otherwise terminated or amended as set forth herein, shall automatically terminate upon the earlier of (i) expiration or termination of the SCORE Interlocal Agreement, or (b) the date when Bonds issued by the Authority are no longer outstanding. (b) Any Party to this Agreement may withdraw its membership and terminate its participation in this Agreement by providing days written notice to the other Parties hereto. Notwithstanding the foregoing, Des Moines may not withdraw its membership and terminate its participation in this Agreement for so long as Bonds issued by the Authority are outstanding unless the other Parties hereto have consented in writing to such withdrawal and termination. (c) Real and personal property acquired during the life of the SCORE Interlocal Agreement shall be held in the name of SCORE and shall be disposed of as provided in Section 4 thereof. In consideration of the obligation of Des Moines to make payments as provided in Section 2 of this Agreement, Renton, Auburn, and Federal Way each hereby agree to allocate 4 P:\20358_DG\20358_OKU 08/10/09 2%, 2%, and 1 % of their equity in real and personal property held by SCORE and financed with proceeds of the Bonds to Des Moines upon termination of this Agreement. (d) [Remedies to be discussed] Upon the occurrence of a default by Des Moines in its obligations hereunder, the other Parties hereto may proceed to protect and enforce their right in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as such Parties may deem most effectual to protect and enforce any of its rights or interests hereunder. Notwithstanding anything to the contrary in this Agreement, in the event that Des Moines fails to budget for or pay the Host City Fee when due, the remaining Parties hereto may immediately declare this Agreement to be terminated, and may withdraw SCORE's correctional services from Des Moines, or alternatively, enter into a Subscribing Agency agreement with Des Moines under terms and conditions as the remaining Member Cities deem appropriate. Upon such event, Des Moines will have forfeited any and all rights it may have to real or personal property, or any other equity interest in SCORE, unless otherwise provided by the Administrative Board. Section 7. Miscellaneous. (a) Governing Law; Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Agreement shall be brought in the Superior Court of the State of Washington in and for King County. To the extent permitted by applicable law, each of the parties waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort, or otherwise between the parties arising out of, connected with, related to, or incidental to the relationship between any of them in connection with this Agreement or the transactions contemplated hereby. Instead, any such dispute resolved in court will be resolved in a bench trial without a jury- (b) Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be made via electronic means or in writing and, if in writing, shall be sufficiently given if addressed and mailed by first-class, certified or registered mail, postage prepaid and return receipt requested, as follows: To Renton: City of Renton Attention: Finance and Information Services Department Administrator 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-6858 email: iwang@rentonwa.gov 5 PA20358_DG\20358_0KU O8110/09 To Auburn: City of Auburn Attention: 25 West Main St. Auburn, Washington 98001 Phone: (253) 931-3000 Email: To Federal Way: Federal Way Attention: 33325 8th Avenue South Federal Way, Washington 98063 Phone: (253) 835-7000 Email: To Des Moines: Des Moines Attention: 21630 11th Avenue South Des Moines, Washington 98198 Phone: (206) 878-4595 Email: To SCORE: South Correctional Entity Attention: Facility Director 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-7565 email: pbartley@rentonwa.gov Any Party hereto may, by notice given as required herein, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Notices shall be deemed served upon deposit of such notices in the United States mail in the manner provided above. (c) Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their successors. This Agreement may not be assigned. 6 P:\20358_DG\20358_OKU 08/10/09 (d) Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (e) Amendments. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by each Party hereto and pursuant to an appropriate motion, resolution or ordinance of each Party hereto. (f) Waiver of Breach. No waiver of any breach of any covenant or agreement contained herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and in case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and remedies provided for herein or otherwise with respect to any such default or defaults that were in existence at the time such payment or payments or performance were accepted by it. (g) No Rights Created in Third Parties. The terms of this Agreement are not intended to establish nor to create any rights in any persons or entities other than the Parties hereto and the respective successors and assigns of each. (h) Time of Essence. Time and all terms and conditions shall be of the essence of this Agreement. (i) Filing of Agreement. Upon execution, this Agreement shall be filed as required in RCW 39.34.040. 0) Counterparts. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. 7 P:\20358_DG\20358_OKU 08/10/09 IN WITNESS WHEREOF, Renton, Auburn, Federal Way, Des Moines and SCORE have caused this Agreement to be executed in their respective names by their duly authorized officers, and have caused this Agreement to be dated and effective as of the date set forth on the first page hereof. CITY OF RENTON, WASHINGTON C Denis Law, Mayor CITY OF FEDERAL WAY, WASHINGTON Jack Dovey, Mayor SOUTH CORRECTIONAL ENTITY By: Jack Dovey, Presiding Officer Mayor, City of Federal Way, Washington CITY OF AUBURN, WASHINGTON I= Pete Lewis, Mayor CITY OF DES MOINES, WASHINGTON Bob Sheckler, Mayor 9 P:\20358-DG\20358-OKU O8/10/09 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Administration Division Staff Contact...... Gregg Zimmerman, Ext. 7311 Subject: Authorization of a sole source contract to fund the purchase of a Fintec 640 Mobile Screening Plant for use by the Public Works Maintenance Division. Exhibits: Issue Paper Product information Recommended Action: Refer to Finance Committee For Agenda of: August 17, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept..... Finance Dept. Other ............... Fiscal Impact: 501 Expenditure Required... $183,418 Transfer/Amendment Amount Budgeted...... $0 Revenue Generated Total Project Budget: $183,413 City Share Total Proi ect $183,418 SUMMARY OF ACTION: The proposal allocates $183,418 in the Equipment Replacement Fund (Fund 501) to purchase a mobile screening plant that will be placed at the Public Works Maintenance Shops. This equipment will be used to screen waste material that would otherwise have to be hauled to recycling facilities or dump sites, and will make this material available for other construction uses. The proposal will save the City money by reducing dump fees and hauling costs, and by reducing the amount of granular fill material that the City needs to purchase. Policy 250-02 includes provisions for sole source contracts in cases in which only one supplier can provide the needed equipment. Performance Construction Equipment, Inc. is the sole vendor of this equipment in this region. The City's purchasing policies require that for sole source contracts over $20,000, the Mayor's authorization as well as Council approval is required. STAFF RECOMMENDATION: Allocate $183,418 in the Equipment Replacement Fund (Fund 501) to purchase a mobile screening plant that will be placed at the Public Works Maintenance Shops. Authorize use of a sole source contract to purchase the Fintec 640 Screening Plant. The budget amendment for this purchase will be included in the third quarter 2009 budget adjustment ordinance. 0 X Rentonnet/agnbill/ bh locity of PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: August 7, 2009 TO: Randy Corman, President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerma(T--7311) SUBJECT: Approval to fund the purchase of a mobile screening plant. Authorization of the use of a sole source contract to purchase the mobile screening plant. ISSUE: Should Council authorize the purchase of a mobile screening plant for use by the Public Works Maintenance Services Division as a sole source purchase? RECOMMENDATION: Authorize the purchase of a mobile screening plant for use by the Public Works Maintenance Services Division as a sole source purchase. The budget amendment for this purchase will be included in the third quarter 2009 budget adjustment ordinance. BACKGROUND: The Public Works Maintenance Services Division is interested in finding ways to utilize equipment and technology to reduce the costs of maintenance operations. For several months the division has been leasing a Fintec 640 mobile screening plant to screen waste material that is brought to the Maintenance Shops as part of the division's daily operations. This screening plant is used to screen this material so that granular material that can be recycled for other construction purposes can be separated from larger chunks of material that cannot be used for these purposes. In addition to making this material available for reuse in construction projects and thus avoiding the cost of purchasing granular fill material, this screened material can be removed from the waste stream. This avoids the cost of hauling this material to remote recycling facilities or dump sites, and also reduces the cost of dump fees. The cost of dump fees has risen over the years faster than the rate of inflation. There is a strong financial need to limit Mobile Screening Plant Page 2 of 3 08/07/09 the escalation of dump fee costs. Use of the mobile screening plant on a lease basis has allowed the Maintenance Services Division to accomplish this. By utilizing this equipment, we estimate that we can reduce annual dump fee by as much as $50,000 per year, and also reduce the costs of hauling materials and purchasing granular fill for construction projects. This machine should have a 20 — 25 year operating life. It will not need to be used on a daily basis due to its high production rate. The daily estimated cost of operating the equipment for a 10-hour day is $1,306.00. The daily average production will produce 800 tons of granular material that can be substituted for 5/8-inch rock fill for city projects. The cost of purchasing 800 tons of 5/8-inch rock fill at $13.00 per ton is $10,400.00. Straight line depreciation of the equipment would be $11,250 per year. The savings in reduced material purchase costs and reduced hauling costs are expected to roughly offset the costs of operation and equipment depreciation. With the estimated $50,000 annual cost savings in our dump fees, the City would recover the cost of purchasing the equipment within four years. As an example of the cost savings achieved by using this equipment, on August 6 the Maintenance Services Division screened 200 cubic yards of asphalt grindings from the street asphalt overlay preparation work performed the previous week on NE Edmonds Avenue between NE 3rd and NE 4th streets. After screening this material the Street Section hauled it to SE Puget Drive. This road was overlaid the previous week. 150 cubic yards of the recycled screened material was used to rebuild the shoulders next to the new pavement. This saved money for the City in three ways: 1. No dump fees for delivery of waste asphalt to Renton Recycle at $8.50 per cubic yard for a savings of $956.00. 2. No trucking time for hauling the material out, savings of $900.00. 3. Eliminated the requirement of purchasing 5/8-inch rock for a savings of $1,950.00. So in just two days the City saved over $3,800.00 in dump fees, hauling costs and granular fill purchase due to use of the mobile screening plant. The proposal also involves a request for authorization for a sole source contract in order to purchase the Fintec 640 Mobile Screening Plant from Performance Construction Equipment, Inc., the only vendor of this equipment in the region. The City's purchasing policies require that for sole source contracts over $20,000, the Mayor's authorization is required and also Council approval. The estimated cost of the purchase of this equipment is $183,413. Sufficient funds are available in the Equipment Replacement Fund (Fund 501) to pay for this purchase. The budget amendment for this purchase will be included in the third quarter 2009 budget adjustment ordinance. c:\documents and settings\jcovington\local settings\temporary internet files\content.outlook\4cohgbgl\screen for shops 1 (3).doc Mobile Screening Plant Page 3 of 3 08/07/09 As the attached sales statement shows, the list price for this equipment is $225,000, and the depreciated price is $203,125. We have obtained a $23,125 discount to the City in our negotiations with the vendor, who is also allowing the $12,500 cost of the City's lease of this equipment to be used against the purchase price. Adding in the $15,913 sales tax brings the purchase price to the requested $183,413. CONCLUSION: The City Council should authorize the use of a sole source contract to purchase the Fintec 640 Mobile Screening Plant. c:\documents and settings\icovington\local settings\temporary internet files\content.outlook\4cohgbgl\screen for shops 1(3).doc PERFORMANCE CONSTRUCTION EQUIPMENT, INC. Sales Contacts: Gary GoodnigM (425) 418-4418 Ed Thomas (425) 864-1888 P.O. Box 1347 - Monroe, WA 98272 Ph: (360) 794-8220 Fax: (360) 794-6059 EQUIPMENT SALES CONTRACT aJ�5 SHIP TO '- DATE ,._ .� .. �.'�`� ADDRESS PRICES ARE F.O.B. HOW SHIPS APPROXIMATE DELIVERY DATE�� PERSON TO CALL "l t �� .�`, TELEPHONE NUMBER -7, A'�-S Quantity Description F �4, y Contract Price 42 (ink C> 1<'i I C� less Deposit # 6-,c,Cp 1 e; Purchase Prri e Sales Tax -t4.s-� 3 lc, 11 Z�' � I: /J fi 9 13 ..J 0 -__ Shipping Cost Amount Due �� ' Total Contract Prig- o All used equipment is sold on an "AS. IS" basis, unless otherwise specified above. Terms and Conditions of Sale 1. Acceptance of any order from Purchaser is at all times subject to the Seller's satisfying itself as to the Purchaser's credit and ability to make payment. This Contract shall not be binding upon Seller until countersigned*by an authorized officer or director of the Seller. (Below on left hand side) 2. Seller will make every effort to deliver the equipment and perform its obligations hereunder by the date specified by the face side hereof. However, it will not be liable for any loss, damage or injury of any nature arising from delay in performance or delivery, it being specifically understood that times or dates specified herein for delivery or performance are business estimates only and not contractual obligations of the Seller. SPECIAL TERMS AND CONDITIONS OF SALE: THIS CONTRACT consists of the foregoing, and THE REVERSE SIDE HEREOF, correctly sets forth the entire Agreement between the parties. No agreements or. understandings shall be binding on either of the parties hereto unless specifically set forth in this Agreement. EXECUTED this day of , 20 By execution hereof, the signer hereby certifies that he has read this Agreement, INCLUDING THE REVERSE SIDE HEREOF, and that he is duly authorized to execute this contract. If this is a fax transmission, it is the responsibility of the purchaser to make sure he has a clear copy of the standard conditions of sale. AUTHORIZED PURCHASER SIGNATURE CC. ct Accepted By=---_ ` PRINT FULL NAME (in Block) Title STANDARD CONDITIONS OF SALE 1. These conditions are standard and apply to every order for goods or saaavk;eS accepted or glveri by the Company, and shag not be varied in any way by any representative or agent of fie Company unless such variation is officially confirmed by a Company officer in writing from he head office. Except in cases where 0 is specifically stated athenvise, tenders or quotations by ire Company shall be deemed to have been withdrawn after thirty days from the date which " was given. This contract supercedes any and all other similar previous agreements when lersigned, I hptance of a customers order is at all times subject to the Company's satisfaction of the — alomer's credit and ability to make payment for the order. 3. In no event will the Company be liable for any loss, injury, or damage, howsoever arising, except as herein set lorlh, and shag not in any account be liable for consequential Ions or damage howsoever caused or arising from stoppage or break -down of the machinery or any pert thereof and shall not be Gable in any other way for the performance of the machinery in operation. 4. it is the duty of the customer to provide the Company with all necessary information to fulfill the order, or to carry out the services and terms of the contract without delay, and if any delay takes peace atribuaable to the customer, the Company may, at Its option, cancel the order, reacknd the contract or charge the customer an adddlonal price to cover expenses resulting from the delay. In the case of Cancellation the customer shag be Nable to the Company for any foes Incurred in connection with the contract. Including but not limited to a stocking or restock- ing charge. 5. The Company shall repair any equipment or parts there of manufactured by the Company and which shall be shown fo the satisfaction of the Company, to have been defective in material provided. (a) Thal written notice of complaint is received at the Company within seven days of discov- ery of the defect. (b) The pan Is returned carriage paid to the Company and shah in tie event of replacement. become the property of the Company. (c) That the defect has not been caused by carelessness, improper treatment, inadequate lubrication, neglect of proper adjustment or by any omission to comply with instructions given by the Company. The Company reserves the right lo investigate circumstances existing at the customer's site, with respect to such cause of delect. (d)l That not more than six calendar months have elapsed between supply of the defective Part and receipt of the written complaint It shall be understood that the event of the machine beirwj i rcod on more than one sl"k, not exceeding 10 hours, per day, that the said period of six months shag be proportionately reduced. (a) That no pall of equipment has been fitted to the machine, which as not been supplied by the Company, which could be in any way a contributory cause of the defect.) (p That the Company shall not be responsible for the cost of removal of the detective part or the lifting of the new part. (g) If a new part or replacement is supplied by the Company it will be delivered, Company carriage paid to the customers official postal address. 8. The Company will transmit to the customer insofar as it is possible for the Company to do, the benefits or guarantees given to the Company by the manufacturers of any part and the kabil- M the Company shall bo limited to Ihose benefits or guarantees which have been given by h mamtfacturers. 7, Nartanty herein set (aril is in lieu of, and excludes all other conditions, guarantees or war- . 41es, expressed or implied, statutory or otherwise. 8. If there is any increase in the cost to the Company for materials, tabour, interest or other expenses arising fit connection with the order contract, between the date of the Contract order and the date of delivery of the goods or the supply of services, the Company shall be entitled to charge a fair and reasonable sum in addition, to the contract order price, to cover the Cost of arty such increase. 9. In the event any portion of the purchase price of the equipment sold hereunder remains unpaid, Purchaser hereby grants to the Company a security interest in and first hen on all of said equipment wheresoever situated and until such time as the entire purchase price, and any other unpaid interest charges or costs are paid in fug to Company. In such event, Purchaser shad execute in favor d the Company the appropriate security agreement in a form safisfac- iory to Company and a Uniform Commercial Code Nan filing form (a) so as to allow, Authorize, and empower the Company to obtain and perfect is security interest in the equipment; and, in addition. Purchaser shall at all times lirst beginning with the date of sale hereof, and during and including the date of final payment as aforesaid, maintain in full force and effect Insurance covering loss or damage to the equipment in the amount at feast double the amount owed to Company by Purchaser, and such insurance shall provide for a•deductible of no greater than S50. Purchaser shall immediately provide the Company with evidence of such Insvranoe and shall arrange to have the Company named as a named insured under each and every such policy of Insurance. 10- In Via event of the Company being unable to carry out its obligations under the warranty here - In due to war, strikes, acciderus, Y2K or any other cause beyond the Company's control the Company may at its option suspend performance or cancel tte obligation and shah be paid a memnabte price for any work done in the attempt to carry out its obligations. 11. Vd tie ire Company will make every effort to deliver the goods and perform its obligations by the lime Or date given. it will not accept cancellation or be liable for arty foss claimed to have arisen Because of delay in delivery, if being understood that times or dates for delivery are business estimates only and not contractual obligations by the Company 12. The statements of performance concerning output, power, capacity production rates or other- wise contained in any drawing, catalogue, specification or other means, shall not be regarded as forming pan of arty contract entered into with the Company unless such statement Is specif- irahy guaranteed in writing by the Company officers. 13. Any and all payments due to the Company for goods or services sold hereunder shall be payable to the Company at its principal place of business or, thereafter, at such other place or address as Company may designate to the Purchaser in writing- No payment thereunder shall be deemed received by the Company until such payment has been actually received by the ipany and. 9 any such payment(s) are by way of check or instrument other than cash, such check or other instrument actually clears payment. 14 F ontract price is payable by the customer in accordance with the contract terms, notwith- standing any delay in delivery or performance under the contact, or any adjustment or cor- rection of minor defects which may be required. The Company may suspend performance of any contractual obligation to file customer so long as any acoounl with the customer is Out- standing more than 30 days. interest at 2% per month wHl be charged on all overdue accounts. 15. DAYSCY of fie equipment and goods purchased by Purchaser hereunder shag be deemed to have occurred by delivery by Company to Company's focatlon where this purchase agreement was placed. At Purchasers request, the Company shall transport to Purchaser's destination the goods and equipment being sold hereunder, but it is eiepressly understood and agreed, duratg SW h delhrery, that Purchaser assumes all risk of loss at and from the moment delivery to Company's place of br sinass, and that thereafter, during any such delivery, should there occur any damage, disruption, ix, delay, that same shall be the responsibility of and the risk of loss shelf tad on Purcheser. who shall at all times maintain adequate insurances to cover any SUCK 6sk of loss. Under no circ7hmtsncas will C,Omparrir be Halite during delivery. or thereafter, for any damage to or delay in dolivering the equipment, This risk of loss allocation to Purchaser shall adhere to this transaction even in the event Purchaser has not paid in fug for the goods at the lime of delivery, and evert if title to the goods or equipment has not passed to the Purchaser as provded for thereinafter, t6. IN NO CASE WILL THE PROPERTY TITLE FOR THE GOODS PASS TO THE CUSTOMER UNTIL PAYMENT HAS BEEN MADETOTH£ COMPANY IN FULL, INCLUDING ANY DELIV- ERY CHARGES, INSURANCE PREMIUMS, OR OUTSTANOtW INTEREST. 17. TNs conbad shah be governed in at respects by the laws of the state in which the Company has its principal place of business; and if any part hereof is adjudged invalid, illegal, unen- forcealtilo, or amendc=d, the remainder hereof shag not be affected thereby. Purchaser hereby consents lo the exclusive jurisdiction of the courts of the state and county in which the Company has its prinCal place of business now or at any time in the future, and hereby agrees to accept service of process of any legal proceedings the Company may wish to bring by certified mail, return requested, postage prepaid or tax to the Purchasers address stated ahcva, and the Purchaser hereby waives the right to any jury trial in any proceedings wlhkh the Company may bring. 18. In the event the Company is entitled to a security interest in the equipment under the terms and conditions of this agreement, and in the event of any default of arty of the terms of sale or these standard conditions, as expressed herein or elsewhere, Purchaser hereby authorizes the Company to enter onto and into Purchaser's premises and property wheresoever situated, Including at or in any job site or third party premises at which the equipment may be located, at arty lime for the purposes of repossessing all or any part of the equipment subject to any such security interest in favor of the Company and in addition to reimburse the Company any and all costs, expense, and attorney's fees associated with arty such repossession. (Such costs and expenses shall also include Company's costs as well) Among other possible events of default as defined by law, the occurrence of any of the following events shalt also constitute an event of default hereunder, and the entire balance due to the Company, for any principal, interest costs, or attorney's fee, shad at the option of the Company and without notice or demand, become immediately due and payable; (1) failure of the Purchaser to fulfill any obfi- gafion, term, or Condition as stated herein; (2) failure of the Purchaser to obtain anyrall insur- ances required herein, or to have Company named as a named insured, to provide the Company evidences of such insurance rxn a continual basis: (3) commencement' of or pro- ceedings in bankruptcy, insolvency, rearrangement, or liquidation by or against the Purchaser; {4) any assignment for the benefit of creditors or composition agreements by the. Purchaser with any or all of its creditors, (5) appointment of a trustee, receiver, conservator, liquidator, Or other judicial represonlative of the Purchaser for any of its assets; (6) the entry of any ludg- ment against the Purchaser, (7) levy upon any of the assets of the Purchaser, or exposure to attachment or other judgment execution of any assets; (A) the Company reasonably believes itself to be insecure. Upon any event of default, Purchaser hereby irrevocably authorizes the prothonotary, clerk of court, or any attorney of any court of record to appear for it in any such court at any time and confess judgment without process in favor of the Company of any assignee of the Company. for such amount as may appear to be unpaid. together with so rued interest. late charges, costs, and attorney's fees of not less than $2,500 for cost of collection. The Purchaser hereby waives and releases all errors which may intervene in any such pro- ceedings, waives all right of appeal, consents to the immediate execution upon such judgment, agrees not to life any bill in equity or judgement, and hereby ratifies and Confirms all that said prothonotary, clerk of court, or attorney may do by virtue hereof. If a copy of this agreement, verified by the holder hereof, shag be fled in any such action, it shelf not be necessary to file the original agreement as a warrant of attorney. Further, in the event Purchaser breaches any of the terms or conditions of sale, then in such event the party signing on behalf of Purchaser, hereby agrees to be personally liable for any and all amounts due the Company. and hereby similarity authorizes the Company to enter into and confess judgment against him or her per- sonally. It Purchaser is married, this shah also authorize Company to take judgment against Purchasers spouse and, to satisfy any such judgment. to execute upon any arid all assets however or wheresoever held and situate by Purchaser and spouse. 19, This agreement and conditions of sale shall be deemed to have been signed by and Purchaser hereby warrants and represents that they are a person fully authorized to enter into this contract and Conditions of sale and that such person is acting within the scope of his responsibility on behalf of the Purchaser or on his or her own behalf. This agreement and con- ditions of sales shall be binding upon the Purchaser and its successors, assigns, heirs, and representatives, and shag and does inure to the benefit of the Company and any of its suc- cessors, assigns, or reprosontativeis. 20. In the vivant of any injury or damage fo person or property by or as a result of the equipment, no suit. claim, or action shall be brought against the within compsrry, which is only acting as a distributor of the equipment but rather any such suit, claim, or action shall be brought against the manulactwers. 21. The equipment must be operated at all times in a safe and responsible manner. In particular, but not exclusively. it must under no circumstances be. operated underthe following conditions: (a) In excess of the maximum number of hours running lime within a period of times, as rec• ommended by the manufacturers. (b) In any other way which contravenes the manufacturers instructions and recommenda- tions. (c) By any person who has not been given proper instruction and training in the use of the machine. (d) By anyahe suffering from any disease or illness. by anyone under the Influence of alco- hol, or otherwise incapable of operating the machine in a sate or responsible manner. (e) By a minor. (1) The equipment must be maintained in good condition and surviced regularly. (g) The equipment should not be modified in any way without the written permission of a com- parry officer. Failure to comply with the above conditions will invabdate any claim whether wider the warranty cw legal liabtity, against the manufacturer and/or seller. Fintec 640 Mobile screen • Compact for operation in confined areas • Steel apron feeder . • Heavy duty double deck sea] ping screen • Variable operating angles for screen Hydraulic raising of screen to horizontal position for maintenance •Full access walkway to both sides of screen • Galvanised support legs • Impact bars under each conveyor feed point • On -board stockpile conveyors • Remotecontrol movement Fintec 542 Mobile Screen • Mainly suitable for the fine aggregate screening • Large capacity feed hopper Adjustable feed conveyor in relation to screen • Big screening area on both screen decks • Additional 5 degrees onscreen bottom deck • Full access walkway to both sides of screen • Galvanised support legs • Variable operating angles for screen « On -board stockpile conveyors • Remote control movement Fintec 570 Mobile Screen • .Mainly suitable for the fine aggregate screening • Large capacity feed hopper • Adjustable feed conveyor in.eelation to screen • Big screening area on both screen decks • Additional 5 degrees on screen bottom deck • Full access walkway to both sides of screen • Galvanised support legs • Variable operating angles for screen • On -board stockpile conveyors • Remote control movement IN ..: w.,', z ;1i:..NQW ',�� -z9�S�a "'3' �`' Weight 28.9 t Dimensions (I x h x w) Transport 1.2970 x 3300 x 2995 mm Operation 13400 x 4050 x 15435 mm Set-up time 15 min. Chassis Tracks Weight 26.0 t Dimensions (1 x h x w) Transport 14750 x 3235 x 2950 mm Operation 15805 x 5050 x 15680 mm Set-up time 15 min: Chassis Tracks Weight 34.0 t Dimensions (I x h x w) Transport 17677 x 3400 x 2995 mm Operation 15805 x 5050 x 16555 mm Set-up time 15 min. Chassis Tracks Hopper capacity 6.0 m3 Screenbox 3650 x 1500 mm 2-deck Product conveyors 2 side / :1 tail Throughput 100 — 500 t/h Engine (Power) CAT 3054C (74 kW) Drive diesel -hydraulic Options Radio controlled movement Punch plate/tines/grizzly fitted to screen top deck Cascades fitted to screen bottom deck Hardox lined hoppers Central autolube system Arctic package for operation in cold conditions Hopper capacity 8.0 m3 Reject grid 4945 mm (4380 mm wiih inlet chute) Screenbox 3650 x 1500 nwt 2-deck Product conveyors 2 side / 1 tail Throughput 80 -- 300 t/h Engine (Power) CAT 3054C (74 kW) Drive diesel -hydraulic Options Radio controlled movement Double deck vibrating grid Hopper inlet chute Hardox lined hoppers Central autolube system Arctic package for operation in cold conditions Hopper capacity 8.0 m3 Reject grid 4945 mm (4380 min with inlet chute) Screenbox 5450 x 1500 mm 2-deck Product conveyors 2 side /'I tail Throughput 80 — 300 Uh Engine (Power) CAT 3054C (74 kW) Drive diesel -hydraulic. Options Radio controlled movement Double deck vibrating grid Hopper inlet chute Hardox lined hoppers Central autolube system Wheeled dolly unit Arctic package for operation in cold conditions . . . . . . . . . . . M ERR "'Q 711-iiI. MW RI ' M! F.r P"INNO I T 15 W 7. <M: — Mt n M!�- MR I'AWI-OW Built m a ;degree angle an bbttc�uti decl�s -i:Iopper �ntet chute (opt) , °. (pleg g P r y�' or maintena DouWJ)e'CkVlbra'tingG 10'' Safe,. foldable walkways f .Tradition and Innovation Fintec Crushing and Screening Ltd. was established in 2002 for the manufacture of mobile crushing and screening equipment, anal -partnered with Swedish company Sandvik ivho have over a century of crushing expertise that has proven invaluable to Fintec. From tiie beginning Fintec. has concentrated in developing top quality, high, performance models at competitive prices to the global market.. This policy bus led to the company's consolidation in the market and to the expansion of Fintec's product range. . Rapid sales growth bus also been a feature of Fintec's success story and this in turn has led to substantial expansion of the manufacturing and R&D facility in Northern Ireland. Competence gnd LoCnl Coveirage The regional partners guarantee the availabd�ty necessary wear and spare parts Fintec enjoys a.truc lahal network that,includes g orn, Fintec has a complete central Furtliermf the Sandvik experts and also numerous wear and spare parts centre and enjoys the access to a independent distributors, dealers and agents Sa dvik's and other partners' technology centres. with customer orientated'tiperations for service backup. anal technical backup The full utili of 1Finlec equipment within the customers sites is the ultimate goal, Fintec and. its partiicrs also provide', whether this is in a contr act crushing and screening y.: conrnm�ss Un ng and tram pg and an option environment or within a traditional quarry to byre machines to bridge production peaks where machine movement is not so frequent. i. � � r f C ri t ' '�V k�,. k=P.OPbn 4100a0.blxx • WE Dealer contact: CITY OF RENTON COUNCIL AGENDA BILL >ubmitting Data: Public Works Department Dept/Div/Board.. Transportation Systems Division Staff Contact...... Ryan Zulauf, Airport Manager, (extension 7471) Renton Gateway Center, LLC New Ground Lease for 750 West Perimeter Road Issue Paper Lease Agreement For Agenda of: August 17. 2009 Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... X Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... X Refer to Transportation/Aviation Committee Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $78,002.22/year Total Project Budget City Share Total Project.. Diane and Bernie Paholke of ProFlight Aviation, Inc. (PFA) are requesting a new lease for a new lease area on the Airport, located at 750 West Perimeter Road. They will construct a new hangar facility in order to continue to operate a fixed -base operation on the Airport selling fuel and other aviation related supplies, as well as providing aircraft maintenance and other services to the public. The lessee will be a new legal entity known as the Renton Gateway Center, LLC (RGC) with Diane Paholke as President and Jeff Powell as a member. The new lease term is for 35 years from the date of occupancy of the building. The City will need to extend utilities to the site to make it "site ready," prior to the issuance of a building permit. rv0 Approve a new ground lease agreement with Renton Gateway Center, LLC for the construction and operation of a fixed -base operation at 750 West Perimeter Road and authorize the Mayor and City Clerk to sign the agreement. H:\File Sys\AIR - Airport\03 Projects\01 Tasks\Agenda bills\Ag bill - Renton Gateway Center LLC Lease for 750 Parcel 09\Ag bill Renton Gateway Center LLC 750 lease.doc M PUBLIC WORKS DEPARTMENT p City of �(Se�t M E M O R A N D U M DATE: August 17, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager (extension 7471) SUBJECT: Renton Gateway Center, LLC Ground Lease for 750 West Perimeter Road ISSUE: Should Council approve a ground lease with Renton Gateway Center, LLC on the Airport property referred to as 750 West Perimeter Road? RECOMMENDATION: Approve a new ground lease agreement with Renton Gateway Center, LLC for the construction and operation of a fixed -base operation at 750 West Perimeter Road and authorize the Mayor and City Clerk to sign the agreement. BACKGROUND SUMMARY: Diane and Bernie Paholke of Pro -Flight Aviation, Inc. (PFA) operate a fixed -base operation on the Airport selling fuel and other aviation related supplies, as well as providing aircraft maintenance and other services to the public. In October 2007, PFA filed a Federal Aviation Regulation (FAR) Part 16 Complaint against the City for economic discrimination, claiming that the City had effectively eliminated the ability of PFA to operate a fixed -base operation serving turbine powered aircraft. Federal funds for repaving of the runway were withheld by the Federal Aviation Administration (FAA) because the City had a FAR Part 16 Complaint filed against it. Randy Corman, Council President Members of the Renton City Council Page 2 of 3 August 10, 2009 In April 2008, PFA dropped the FAR Part 16 Complaint based on assurances from the City that the City would negotiate a lease of Airport property in good faith. When the FAR Part 16 Complaint was dropped, the FAA reinstated federal funding to the City for repaving the runway. Over the next year, Diane and Bernie Paholke and City staff negotiated a ground lease for 136,846 square feet of land on Apron C, just north of the Boeing fuel farm on the west side of the Airport. This property has been assigned the address of 750 West Perimeter Road, hereinafter referred to as the "750 leased area." Included with this agenda bill is a copy of the ground lease for the 750 leased area. The ground lease will be held by a new legal entity known as Renton Gateway Center, LLC (RGC). RGC lists Diane Paholke as President and Jeff Powell of Lacey, Washington, as a member of the limited liability corporation. Mr. Powell also owns a property development corporation known as Prime Development Group, LLC and has experience constructing hangars at various airports in Washington. Mr. Powell's Prime Development Corporation will be responsible for constructing the hangar building. RGC will construct a new 28,800 square foot hangar building with an additional 2,100 square feet of office space. The new building will be constructed of steel, but the exterior facade of the structure will have attractive exterior treatments. Important consideration in the lease was given to ensuring that the facility continues to be well maintained over the length of the lease. Section 9 of the lease addresses the maintenance of the facility so that the hangar building remains an attractive asset at the Airport. The lease term will be for thirty-five (35) years with absolutely no option for extension. Airport leasing policies state, "The base lease term for land leases shall be no longer than 25 years. longer lease terms may be negotiated at the time of initiating the lease based on a proven need for additional years to amortize the investment made on airport property." The tenant has provided to the City documentation from prospective lenders indicating that a minimum lease term of 35 years will be required in order to secure the necessary loans to construct the hangar building and office space. The RGC project will be partially funded by a loan through the Small Business Administration and administered by a local bank. Appendix 2 of the ground lease addresses the language in the lease that was required by the lender for the Renton Gateway Center, LLC. The lease rate will be $0.57 per square foot per year as set by the Airport property appraisal completed in 2007. An increase in the lease rate, tied to the Consumer Price HAFile SysW R - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Ag bill - Renton Gateway Center LLC Lease for 750 Parcel 09\Issue Paper Renton Gateway Center LLC 750 lease (zo.doc I Randy Corman, Council President Members of the Renton City Council Page 3 of 3 August 10, 2009 Index, will occur every three years. Additionally, the lease has a provision that will permit the parties to adjust the lease rate periodically based on appraisals instead of the Consumer Price Index to ensure the lease rates stay true to the market. The building will revert to City ownership at the end of the lease term (either 25 years or, if the lease is extended, 35 years). Because RGC is a new legal entity, it has no financial history. This meant that it could not individually pass the Analysis of Lessee's Financial Capacity test of the Airport Leasing Policies and obtain a long-term lease of Airport property. To resolve this issue, the Administration is recommending that the City accept the offer of ProFlight Aviation, Inc., as the guarantor on the lease. Exhibit A-1 of the lease lists the construction schedule of the new hangar building. The hangar building will require utility extensions to the 750 leased area to make it "pad ready" fo'r development. The City will be responsible for installing power, water and gas, and placing the existing phone lines underground. Sewer is already provided to the site. This work will be funded using an interfund loan to the Airport from one of the other City departments and the loan will be repaid using the revenues generated from the 750 leased area. The preliminary estimate for the construction of the utility improvements by the City is $475,000. The Purpose of Use of the ground lease is identified as a fixed -base operation selling the same aviation services to the public that PFA currently provides from its three locations on the Airport. Once the new hangar building on the 750 leased area is complete, PFA will combine their two separate business locations on the Airport and relocate to the new location as the main sublessee of Renton Gateway Center, LLC. Six other hangars will be leased to individuals seeking hangar space. cc: Peter Hahn, Deputy PW Administrator —Transportation Ryan Zulauf, Airport Manager Zanetta Fontes, Senior Assistant City Attorney JoAnn Wykpisz, Principal Financial and Administrative Analyst Connie Brundage, Transportation Administrative Secretary Susan Campbell-Rehr/Carolyn Currie, Airport Secretary HAF0e Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda BHIs\Ag bill - Renton Gateway Center LLC Lease for 750 Parcel 09\Issue Paper Renton Gateway Center LLC 750 lease (zo.doc GROUND LEASE Between City of Renton and Renton Gateway Center, LLC THIS GROUND LEASE (hereinafter "Lease") is made and entered into this day of , 2009 by and between THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Landlord") and RENTON GATEWAY CENTER, LLC, a Washington Limited Liability Company (hereinafter "Tenant"). FOR VALUABLE CONSIDERATION and in consideration of the covenants and agreements set forth in this Lease, Landlord and Tenant agree as follows: 1. GRANT OF LEASE: La. Documents of Lease: The following documents constitute this lease; Ground Lease; Exhibits A, A-1, B, C, D, E, F, and G; and Appendices 1 and 2. Lb. Legal Description and Reservation of Easement: Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term described in Section 3 below, the parcel of land shown on Exhibit "A" (captioned "Lease Map and Legal Description"), which is attached hereto and incorporated herein by this reference (hereinafter, "Premises"); provided, that during the Construction Term (as defined below) this Lease, except for Sections 8a, 8b, and 8c, shall apply only to the 60,000 square foot "Construction Area" shown on Exhibit A-1. Appendix 2 shall apply during the Construction Term. l.c. Common Areas: Tenant, and its authorized representatives, subtenants, assignees, agents, invitees, and licensees, shall have the right to use, in common with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards pursuant to Section 8(e), the public portion of the Renton Municipal Airport (Aka Clayton Scott Field, hereinafter referred to as "Airport"), including the runway and other public facilities provided thereon. l.c.(1). Notwithstanding anything in this Lease to the contrary, Landlord acknowledges that direct access to the Alpha taxiway from the Premises is essential to the conduct of Tenant's business on the Premises and, except during construction activities occurring on the Alpha taxiway or weather related events, Landlord shall ensure that Tenant and its representatives, subtenants, assignees, agents, invitees, and licensees have direct access to the Alpha taxiway at all times during the Term. 22101 b9310701.2 2. CONDITIONS: 2.a. Specific Conditions: This Lease, and Tenant's rights and permitted uses under this Lease, are subject to the following: 2.a.(1). Easements as set forth in Exhibit B; and 2.a.(2). The Airport Regulations and Minimum Standards pursuant to Section 8(e), including Landlord's standards concerning operation of public aviation service activities from the Airport; and 2.a.(3). All such non-discriminatory charges and fees for such use of the Airport as may be established from time to time by Landlord. 2.b. No Conveyance of Airport: This Lease shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Landlord reserves the absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. 2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord holds and operates the Airport and the Premises under and subject to a grant and conveyance thereof to Landlord from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Landlord holds and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of this Lease are or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this Lease affected thereby, all without any liability on the part of, or recourse against, Landlord in favor of Tenant, provided that Landlord does not exceed its authority under the foregoing legislation, rules and regulations and provided further that, in the event that this Lease is modified or superseded by such legislation, rules, regulations, contingencies or risks, all compensation payable to the Landlord for a third party's use of the Improvements during the Term shall be paid to the Tenant, its successors or its assigns. 2.d. Future Development/Funding: Nothing contained in this Lease shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Landlord, its agents, successors or assigns, or any department or agency of the State of 2 22101 b9310701.2 Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport, but Landlord's exercise of such rights shall not unreasonably interfere with Tenant's rights under this Lease. 3. TERM: 3.a. Construction Term: The "Construction Term" of this Lease, during which Landlord shall lease to Tenant and Tenant shall lease from Landlord only the 60,000 sq. ft. Construction Area, shall begin upon the receipt by Tenant of all permits necessary to construct its intended improvements on the Premises and shall end on the Commencement Date (as defined below). 3.b. Initial Term: The initial term of this lease (herein referred to as "Term") as to the entire Premises shall be for a thirty-five (35) year period commencing on the earlier of (hereinafter "Commencement Date") (1) the date that is forty-five (45) days after Tenant receives a certificate of occupancy for the improvements to be constructed on the Premises, or (2) the date that is twelve (12) months after the mutual execution of this Lease, and terminating on the last day of the month in which the thirty-fifth (35th) annual anniversary of such date occurs, (hereinafter "Expiration Date"). If Tenant does not receive all permits necessary to construct its intended improvements on the Premises within ninety (90) days after the mutual execution of this Lease or if any conditions imposed in connection with such permits are not acceptable to Tenant, Tenant may terminate this Lease at any time prior to receipt of such permits or within thirty (30) days thereafter by delivering a written notice to Landlord whereupon neither party shall have any obligation under this Lease. Landlord shall cooperate with Tenant in expediting the issuance of such permits. In addition, Tenant may terminate this Lease if it is not able to secure financing for the construction of its intended improvements on the Premises on terms acceptable to Tenant. 4. RENT: 4.a. Minimum Monthly Rent: During the Construction Term, Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of Two Thousand Eight Hundred Fifty Dollars ($2,850), PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month during the Construction Term. Beginning on the Commencement Date, Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of six thousand five hundred dollars and nineteen cents ($6,500.19), PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month during the Term. All such payments shall be made to the Director of Finance, City of Renton, City Hall, 1055 South Grady Way, Renton, Washington 98055. The Minimum Monthly Rent, beginning on the Commencement Date, is computed as follows: (136,846 square feet)($0.57 per square foot per year) = $78,002.22/yr, ($78,002.22/12 months = $6,500.19 per month) PLUS, leasehold excise tax. 4.b. Periodic Rental Adjustment: The Minimum Monthly Rent shall be subject to automatic adjustment on the third (P) anniversary of the Commencement Date and every three 3 22101 b9310701.2 years thereafter on the anniversary of the Commencement Date (any of which shall hereinafter be referred to as "Adjustment Date") as follows: As used in this Section 4.b, "Index" means the Consumer Price Index for All Urban Consumers for Seattle -Tacoma -Bremerton All Items (1982-84=100) (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics; "Beginning Index" means the Index which is published nearest, but preceding, the Commencement Date; and "Adjustment Index" means the Index which is published nearest, but preceding, each Adjustment Date. For the first Periodic Rent Adjustment, if the Adjustment Index has increased over the Beginning Index, the Minimum Monthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the Minimum Monthly Rent provided for in Section 4.a. of this Lease by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The product shall be the "Adjusted Monthly Rent." In no event shall the Minimum Monthly Rent determined pursuant to this paragraph be less than the Minimum Monthly Rent set forth in Section 4.a. of this Lease. For the second and any subsequent Periodic Rent Adjustment, if the Adjustment Index is greater than the Adjustment Index three years prior, then the Minimum Monthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the then current Minimum Monthly Rent by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Adjustment Index from three years prior. The product shall be the "Adjusted Monthly Rent." In no event shall the Minimum Monthly Rent determined pursuant to this paragraph be less than the then current Minimum Monthly Rent. 4.c. Notice of Request for Readjustment of Rental: Landlord and Tenant do hereby further agree that at least thirty (30) days prior to any Adjustment Date, either party shall, if they desire to adjust the Minimum Monthly Rent for the ensuing three (3) year period by a means other than the Index, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 4.d. Dispute Resolution Re: Readjustment of Rental: If the parties are unable to agree upon such adjusted rental by negotiation for a period of thirty calendar (30) days, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Landlord and Tenant do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: 4.d.(1). Landlord shall select and appoint one arbitrator and Tenant shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in Section 4.d. Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery of the letter shall be considered the date of appointment. 4 22101 bg310701.2 4.d.(2). The two appointed arbitrators shall meet, and shall make their decision in writing — within thirty (30) days after the date of their appointment. If the appointment date for either arbitrator is later than the other, the latter date shall be the appointment date for purposes of the thirty (30) day deadline. 4.d.(3). If the two arbitrators are unable to agree within a period of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the first thirty (30) day period, select a third arbitrator. 4.d.(4). The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both parties. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. 4.d.(5). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airport rentals and use charges in King County and shall give due consideration to any change in economic conditions from the preceding rental period. After a review of all pertinent facts, the arbitrators may increase or decrease such rental rate or continue the previous rental rate for the ensuing three (3) year term: 4.d.(6). Leasehold improvements made by the Tenant shall not be considered as part of the leased premises for the purpose of future adjustments or readjustments of the rental rates. 4.d.(7). Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties. 4.d.(8). The readjusted rental in each case, whether determined by arbitration or by agreement of the parties themselves, shall be effective as of the rental Adjustment Date. 4.e. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the third (3rd) business day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. If any check received by Landlord from Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant agrees to pay, an additional charge up to the maximum amount allowed by law. Unpaid amounts of rent, late charges, or additional charges shall bear interest at the rate of twelve (12%) percent per annum until paid. 4.f. Other Fees and Charges: Tenant shall pay, in addition to the Minimum Monthly Rent and other charges identified in this Lease, all non-discriminatory fees and charges now in effect or hereafter levied or established by Landlord or charged against the Premises and against other similarly situated Tenants at the Airport by Landlord, or levied or established by, or against the Premises by, any other governmental agency or authority, being or becoming levied or �' 22101 bg310701.2 charged against the Premises, structures, business operations, or activities conducted by or use made by Tenant of, on, and from the Premises, including without limitation, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. 5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid separately to the Director of Finance, City of Renton, at the same time the Minimum Monthly Rent is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate, then Tenant shall pay such tax or charge when due. Such tax or charge shall be in addition to Minimum Monthly Rent and other charges payable under this Lease. 6. PAYMENT OF UTILITIES AND RELATED SERVICES: Tenant shall pay for all utilities and services used in the Premises, including without limitation electricity, gas, water, sewer, garbage removal, janitorial service, and any other utilities and services used in the Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of any utility services due to any cause whatsoever, except, and only to the extent caused by, Landlord's negligence. Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations hereunder. 7. TENANT'S ACCEPTANCE OF PREMISES: 7.a. Acceptance of Premises: Tenant accepts the Premises in their "AS IS" condition, except as otherwise provided in Appendix 1 (Parties' Schedule of Construction). Tenant accepts the Premises subject to all applicable federal, state, county and municipal laws, ordinances and regulations governing and regulating the use of the Premises. Subject to the other provisions of this Lease, this Lease is subject to all such laws, ordinances and regulations. Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use. Except as otherwise provided herein, Landlord warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from Landlord, or others claiming by or through Landlord. 7.b. Landlord Demolition and Improvements. Landlord shall complete certain work on or near the Premises at its sole cost and expense as described in Appendix 1, Parties' Schedule of Construction. 7.c. Environmental Inspection and Remediation. Within forty-five (45) days after the mutual execution of this Lease (and prior to delivery of the Premises to Tenant), Tenant, at its sole cost and expense, shall cause an environmental expert to complete an environmental audit of C 22101 bg310701.2 the Premises including sampling of soil and groundwater sufficient to characterize environmental conditions at the site. The scope of the audit shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld. This Section 7.c is subject to the terms of Exhibit D hereto. Landlord shall also identify known past or present underground tanks on adjacent land. The results of the audit will establish a "baseline" environmental status of the Premises. Tenant shall not be responsible for any Hazardous Substances existing on the Premises that are not caused by Tenant or its contractors, agents, or employees, whether or not identified in the audit. In addition, if any Hazardous Substances on the Premises are not identified in the audit but are discovered during the construction by Tenant of improvements on the Property, and the presence of which was not caused by Tenant or Tenant's agents, contractors, licensees, or other representatives, Landlord, at its cost and expense, shall either perform the Remediation of such Hazardous Substances or shall reimburse Tenant for any costs incurred by Tenant in performing such Remediation, and if the severity of the Remediation necessitates Washington State Department of Ecology ("DOE") involvement, then Landlord shall obtain a "No Further Action Letter" or other resolution from DOE. Any restrictive covenant proposed by DOE as a condition to issuing the "No Further Action Letter" or other form of resolution shall not restrict significantly or substantially Tenant's normal operations on the Premises. If any Hazardous Substances on the Premises are not identified in the audit but are discovered during the construction by Tenant of improvements on the Property and construction is halted, Minimum Monthly Rent and all other amounts due hereunder shall abate in proportion to the interruption until such Hazardous Materials have been investigated and remediated as required by this Section 7.c and Landlord has obtained the "No Further Action Letter" or other form of resolution from DOE. In addition, the Commencement Date shall be delayed by the length of any resulting construction delays upon written agreement between the parties. Notwithstanding the foregoing, there will be no abatement of rent if the presence of the Hazardous Substance was caused by Tenant. 7.d. Provision of Restroom Facilities: Tenant agrees to construct and/or provide restroom and/or toilet facilities for use by sub -tenants of hangars and outside tie -down aircraft storage. The facilities so provided must be accessible by sub -tenants 24-hours per day, 7-days per week. Commercially available, portable chemical toilets are acceptable provided a neat and attractive appearance is maintained and the units are regularly serviced. The restroom/toilet facilities must be available to the flying public during normal business hours. 8. USE OF PREMISES: 8.a. Use of Premises: The Premises are leased to the Tenant for the following described purposes and uses necessary to said purposes, in accordance with the Airport Regulations and Minimum Standards pursuant to Section 8(e): 8.a.(1). Aircraft Maintenance including inspection, major and minor repair, and major and minor alteration of airframes, engines, avionics, interiors and aircraft components; 8.a.(2). Storage and tie -down of aircraft, both indoors and outdoors; 7 22101 bg310701.2 8.a.(3). Commercial flight operations including flight training, aircraft rental, sightseeing, aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135; 8.a.(4). Sale of aviation fuels and lubricants; 8.a.(5). Sale of aircraft parts, components and pilot supplies; 8.a.(6). Aircraft servicing with fluids and compressed gases; 8.a.(7). Aircraft grooming; and 8.a.(8). Aircraft sales, leasing, and management. 8.b. Continuous Use: Following the construction of improvements on the Premises by Tenant as described in Appendix 1, Parties' Schedule of Construction, Tenant covenants that the Premises shall be continuously used for 8.a.(1) and 8.a.(4), and some or all of the remaining purposes set forth above during the Term, shall not be allowed to stand vacant or idle, subject to reasonable, temporary interruptions for maintenance, construction, or other purposes, and shall not be used for any other purpose without Landlord's prior written consent. Consent of Landlord to other types of aviation activities will not be unreasonably withheld. 8.c. Non -Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.d. Signs: 8.d.(1). Advertising: No advertising matter or signs shall be displayed on the Premises or structures, at any time, without the prior written approval of Landlord, which approval will not be unreasonably withheld. 8.d.(22). Building Address: The building street number, as assigned by the City of Renton, shall be displayed in the upper right-hand corner of the East and West side of each building, as viewed from Perimeter Road and the Taxiway. The number type and color shall be as directed by the Airport Manager, and the number size shall be as required by current Fire Code. 8.e. Conformity with Laws, Rules and Regulations: Tenant shall comply with applicable federal, state, county and municipal laws, ordinances and regulations concerning the Premises and Tenant's use of the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and other reasonable rules and regulations now or hereafter adopted by Landlord, provided that all such Airport Regulations and Minimum Standards and other rules adopted hereafter are non-discriminatory, and apply to all similarly situated tenants at the Airport, all at Tenant's cost and expense. 8 22101 bg310701.2 Tenant shall keep and operate the Premises and all structures, improvements, and - - activities in or about the Premises in conformity with all rules and regulations now or hereafter adopted by (i) the Federal Aviation Administration, (ii) the State of Washington, or (iii) other state or federal governmental authority, all at Tenant's cost and expense. 8.f. Waste; Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the Premises or other buildings and improvements at the Airport. 81. Hazardous Waste: 8.h.(I). Tenant's Representation and Warranty: Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not and will not involve the use, production, disposal or bringing on to the Premises of any hazardous substance, hazardous material, waste, pollutant, or contaminant, as those terms are defined in any federal, state, county, or city law or regulation (collectively, "Hazardous Substances") other than fuels, lubricants and other products which are customary and necessary for use in Tenant's ordinary course of business, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup by Tenant of Hazardous Substances, in, on or under the Premises, or incorporated in any improvements or alterations made by Tenant to the Premises, at Tenant's sole cost and expense. 8.h.(2). Standard of Care: Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are improperly used, released or disposed in, on or under the Premises during the Term by Tenant, or its authorized representatives, or are improperly used, released or disposed on the Premises by the act of any third party. 8.h.(3). Compliance; Notification. In the event of non-compliance by Tenant, after notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises or the Airport, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities, and such obligation shall continue even after expiration or termination of the Term. 9 22101 bg310701.2 Tenant shall notify Landlord immediately of any release of any Hazardous Substances in, on or under the Premises. 8.h.(4). Indemnity: 81.(4)(a). Landlord shall have no responsibility to the Tenant, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, county or municipal laws, in the event of a release of or disposition of any Hazardous Substances in, on or under the Premises during the Term that were caused by Tenant. Tenant shall defend, indemnify and hold harmless Landlord from any obligation or expense, including, but not limited to, fees incurred by the Landlord for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.105D, arising by reason of the release or disposition of any Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant. 8.h.(4)(b). Tenant shall have no responsibility to the Landlord, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other federal, state, county or municipal laws, nor shall Tenant have any other liability or responsibility of any kind, in the event of the presence, release, or disposition of any Hazardous Substance on, in, or under the Premises unless such presence, release, or disposition of any Hazardous Substance was caused by Tenant. Landlord shall defend, indemnify and hold harmless Tenant, any financial institution or entity which finances in whole or in part Tenant's construction on the Premises, and their directors, officers, agents, employees, and contractors (collectively, "Indemnitees") from any claims (including without limitation third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, increased costs of construction and increased interest or other costs related to any loan obtained by Tenant in connection with the Premises, fees incurred by Tenant or any Indemnitee for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.105D or other Remediation, arising from or in connection with the presence, suspected presence, release or suspected release of any Hazardous Substances in, on or under the Premises that is not caused, in whole or in part, by Tenant or the Indemnitees. 81.(4)(c). The provisions of this Subsection 8.h.(4) shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 8.h.(5). Dispute Resolution: In the event of any dispute between the parties concerning whether any Hazardous Substances were brought onto the Premises by Tenant, or whether any release of or disposition of any Hazardous Substance was caused by Tenant, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree within a period of thirty (30) days after such appointment, as that term is defined in Section 4.d.(2) of this Lease, shall select a third arbitrator. The arbitrators shall be environmental consultants with experience 10 22101 bg310701.2 in the identification and remediation of Hazardous Substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 8.i. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington State law concerning aircraft registration. See Exhibit C ("Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and Transportation."). 8.i.(1). Tenant shall annually, during the month of January, submit a report of aircraft status to the Airport Manager. One copy of this report shall be used for each aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft. If an aircraft is unregistered, an unregistered aircraft report shall also be completed and submitted to the Airport Manager. 8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of sub -leasing tie -down or hangar space for an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the Tenant's Premises submit a report of aircraft status, or, if an aircraft is unregistered, an unregistered aircraft report. Tenant shall annually, during the month of January, collect the aircraft owners' reports and submit them to the Airport Manager. 8.j. Aircraft airworthiness: Aircraft placed, parked or stored other than within hangar buildings must be airworthy. Whenever an aircraft is temporarily undergoing repairs, a red tag must be affixed to the aircraft stating the type of repairs being made, the date repairs started, and the date repairs will be completed. When requested by the Landlord, the Tenant must provide a schedule showing when repairs will be completed. Landlord will allow reasonable revision of said schedule. The requirements of this Section 8.j shall be enforced against Tenant only to the extent that the restrictions are enforced against all similarly situated tenants at the Airport on a non-discriminatory basis. If after 15 calendar days after notice by Landlord to cure a violation of this provision, Tenant fails to adhere to an agreed -upon repair schedule, or fails to place and maintain the required red tag on the aircraft, then Tenant shall pay to Landlord a penalty equal to $20.00 for each day from the end of the 15 day cure period described above until the day the aircraft is actually repaired. 8.k. End of Lease Environmental Assessment: Landlord shall cause to be performed a Phase I Environmental Assessment, either at its sole cost and expense or at the cost and expense of a new tenant. Said assessment shall be completed no less than three (3) months after the end of the Term. Landlord shall provide Tenant with one (1) original copy of said assessment. 9. MAINTENANCE: 9.a. Maintenance of Premises: The Premises and all of the improvements or structures thereon shall be used and maintained by Tenant in a neat, orderly, and sanitary manner. Landlord shall not be called upon to make any improvements, alteration, or repair of any kind upon the 11 22101 bg310701.2 Premises. Tenant is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises, whether as a result of the operation of Tenant's aircraft tie -down storage activities or having been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including without limitation, the interior and exterior walls, floors, roof, and ceilings, and any structural portions of the Premises the exterior and interior portions of all doors, windows, glass, utility facilities, plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment, exterior utility facilities, and exterior electrical equipment serving the Premises. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section. 9.b. Removal of Snow/Floodwater/Mud: Tenant shall remove from the Premises all snow and/or floodwaters or mud deposited therefrom, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord upon the public areas of the Airport. 9.c. Maintenance of Building Skin: Tenant shall repair or replace any ripped or corroded skin of the building in a manner reasonably acceptable to the Landlord. Tenant shall cause the building on the Premises to be painted in the event that the paint becomes checked, cracked, flaked, chalked or changed color in excess of the values specified for degradation in quality and appearance in the building's original warranty. After the warranty period, Tenant shall cause the building to be painted in year twenty six (26) of this lease unless, within the immediately preceding ten (10) years, the building had already been repainted. In the event that the building was repainted in years fifteen through twenty five (15-25) inclusive, Tenant shall repaint the building in year thirty two (32) of this lease. 9.d. Maintenance, Repair and Marking of Pavement: Tenant shall be responsible for, and shall perform, the maintenance, repair and marking (painting) of pavement surrounding the buildings within and on the Premises. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavements, as necessary. To the degree the concrete and asphalt pavements are brought to FAA standards at any time during the Term of this Lease, Tenant shall maintain the concrete and asphalt pavements in such condition. 9.e. Right to Inspect: Tenant will allow Landlord or Landlord's agent free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises, or any property owned by or under the control of Landlord. Landlord shall provide ten (10) days' advance notice of any such inspection and use reasonable efforts not to interfere with Tenant's use of the Premises during any such inspection. 91 Landlord May Perform Maintenance: If Tenant fails to perform Tenant's obligations under this Section, Landlord may, at its option, but shall not be required to, enter the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an emergency when 12 22101 b9310701.2 no notice shall be required, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Landlord together with Tenant's next installment of Rent. 10. ALTERATIONS: 10.a. Initial Construction: Landlord and Tenant agree that each contemplates the construction on the Premises of a building consisting of a Hangar/FBO Lobby & Office Space. The construction of said building is governed by the provisions set out in Appendix 1, the Parties' Schedule of Construction. 10.b. Landlord's Consent Required for Subsequent Alterations: After the construction described in Appendix 1, Parties' Schedule of Construction, Tenant will not make any alterations, additions or improvements in or to the Premises without the written consent of Landlord first having been obtained, which consent shall not be unreasonably withheld, conditioned, or delayed. However, Landlord's consent shall not be required for any improvements that do not require a building permit. 10.c. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises ("Work"), Tenant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' and materialmen's liens and other liens resulting from any Work. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may, at its option, in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 10.d. Bond: At any time Tenant either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Landlord may at its sole option require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a performance bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Landlord against liability for mechanics and materialmen's 13 22101 bg310701.2 liens and to insure completion of the work. This Section 10.d is subject to the terms of Exhibit E hereto. 10.e. Notification of Completion: Upon completion of capital improvements made on the Premises, Tenant shall promptly notify Landlord of such completion. 101 Landlord May Make Improvements. Tenant agrees that Landlord may, at its option and at its expense, make repairs, alterations or improvements which Landlord may deem necessary or advisable for the preservation, safety, or improvement of utilities or Airport infrastructure on the Premises, if any. Landlord shall provide ten (10) days' advance notice of any such work and use reasonable efforts to not interfere with Tenant's use of the Premises during any such work. 11. IMPROVEMENTS: As further consideration for this lease, it is agreed that upon the expiration or sooner termination of the Term, all structures and any and all improvements of any character whatsoever installed on the Premises shall be and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord's prior written consent. During the Term, Tenant shall hold title to all improvements placed by Tenant on the Premises. Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements before transfer of ownership of such improvements to Landlord upon the expiration or sooner termination of the Term. Alternatively, Landlord may, at its option, require Tenant, upon the expiration or sooner termination of the Term, if any, to remove any and all improvements and structures installed by Tenant from the Premises and repair any damage caused thereby, at Tenant's expense. This Section 11 is subject to the terms of Exhibit F hereto. 12. EXEMPTION OF LANDLORD FROM LIABILITY: Landlord or Landlord's agents shall not be liable for injury to persons or to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (f) any act or omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees, provided, that the foregoing exemption shall not apply to losses to the extent caused by Landlord's or its agents', contractors', or employees' negligence or willful misconduct. 13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless Landlord against any and all claims arising from (a) the conduct and management of, or from any work or thing whatsoever done in or about, the Premises or the improvements or 14 22101 bg310701.2 equipment thereon during the Term, or (b) arising from any act or negligence of the Tenant or any of its agents, contractors, patrons, customers, employees, or invitees on the Airport, or (c) arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the Term in, on or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Landlord by reason of any such claim, in each case except to the extent caused by the negligence of Landlord, its agents, contractors, employees, or its authorized representatives. Notwithstanding the foregoing, Tenant's indemnity shall not apply to claims arising from aviation activities of its patrons, customers, subtenants, or invitees. On notice from Landlord, Tenant, at Tenant's expense, shall defend any such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all claims, losses, damages, costs, attorney's fees, expenses, and liabilities arising from the negligence or willful misconduct of Landlord or any of its agents, contractors, employees, or authorized representatives. On notice from Tenant, Landlord, at Landlord's expense, shall defend any such action or proceeding forthwith. The indemnity in this Section shall not apply to Hazardous Substances, which is addressed elsewhere in this Lease. 14. ASSIGNMENT & SUBLETTING: 14.a. Assignment/Subletting: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Any assignment, encumbrance or sublease without Landlord's consent shall be void and shall constitute a default by Tenant under this Lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment or sub- lease will be approved, the proposed assignee or sub -tenant must comply with provisions of the then current Airport Leasing Policies, including, but not limited to the "Analysis of Tenant's Financial Capacity," independent of Tenant's compliance or Financial Capacity. Landlord recognizes and acknowledges that, notwithstanding the requirements of this Section 14.a, Tenant may sublease all or a portion of the Premises to Pro Flight Aviation, Inc. ("PFA, Inc."), and that PFA, Inc. may then exercise the Tenant's rights to further sublease the Premises as provided for in Section 14.b, below. In the case of an assignment of the full leasehold interest and/or complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity, (a) in the case of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perform all of Tenant's obligations under this Lease accruing after the date of such assignment, to the same extent as if it were the original Tenant, and (b) in the case of a stock transfer, Transferee shall deliver a written acknowledgment that it shall continue to be bound by all the provisions of this Lease after the transfer. Except in the case of an assignment of the full leasehold interest, any assignment permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. In no 15 22101 bg310701.2 event will the assignment of the full leasehold interest or the complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity cause an extension of the Term of this Lease. 14.b. Permitted Subletting: Notwithstanding the provisions of Section 14.a. above, Tenant may sublet portions of the Premises for the purpose of aircraft hangar storage and airplane tie -down space, without Landlord's prior written consent, on a month -to -month or longer basis (but not longer than the Term), provided that Landlord is informed on at least an annual basis, in writing, of the name of the subtenant(s), the purpose of the sublease, the amount of the rental charged, and the type of aircraft stored (make, model and registration number). Additionally, such information shall be disclosed upon request by Landlord. 14.c. Conditions to Assignment or Sublease. Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld, conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate the provisions of this Lease, and (iv) in the case of any assignment, acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of rent by the Landlord shall not be a waiver of any of Landlord's remedies against Tenant for violation of provisions of this Lease. A subtenant may cure Tenant's default. In either event, Landlord shall apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease. 14.d. No Release of Tenant's Liability: Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant, nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease, unless Landlord otherwise agrees in writing. Notwithstanding the foregoing, in the event that Landlord's consent to assignment is obtained for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Lease accruing after such assignment, Tenant shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after Landlord's consent is obtained. To the extent that any claim for which indemnification of the Landlord (including with respect to Hazardous Substances) arises after Tenant's complete assignment for conduct predating said assignment, the Tenant shall not be relieved of obligations or liability arising from this Lease. 14.e. Documentation. No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease; provided, that no Operating Permit shall be required for the subletting of hangar or tie -down space for aircraft storage purposes. No permitted assignment 16 22101 bg310701.2 shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on or after the date of the assignment. 141. No Merger. Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger and shall terminate all or any existing subleases or subtenancies. 15. DEFAULT AND REMEDIES: 15.a. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: 15.a.(1). Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of three (3) business days after notice of such default has been given by Landlord to Tenant. 15.a.(2). Failure to Comply with Airport Regulations and Minimum Standards. Failure to comply with the Airport Regulations and Minimum Standards, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. 15.a.(3). Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30) days and diligently and in good faith continues to cure the default. 15.a.(4). Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. 15.b. Additional Security: If Tenant is in default under this Lease, and such default remains uncured for more than three (3) business days after Landlord gives Tenant notice of such default, then Landlord, at Landlord's option, may require Tenant to provide adequate assurance of future performance of all of Tenant's obligations under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of credit or other security acceptable to, and approved by, Landlord. If Tenant fails to provide such adequate assurance within twenty (20) days of receipt of a request by Landlord for such adequate 17 22101 b9310701.2 assurance, such failure shall constitute a material breach of this Lease and Landlord may, at its option, terminate this Lease. 15.c. Remedies. If Tenant commits a default, then following the expiration of the notice and cure periods set forth in Section 15.a above, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law, and Landlord shall use reasonable efforts to mitigate its damages: 15.c.(1). Maintain Lease in Force. To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re -let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such re -letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2). Terminate Lease. To terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) any and all unpaid Rent which had been earned at the time of such termination, plus (ii) any and all Rent which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the re -letting of the Premises, plus (iii) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of business would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for re -letting to a new tenant, including repairs or necessary alterations to the Premises for such re -letting, (D) leasing commissions incident to re -letting to a new tenant, and (E) any other costs necessary or appropriate to re -let the Premises; plus (iv) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts referenced in this Section include interest at 12% per annum. 16. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon the parties, their successors and assigns, and in the case of a Tenant who is a natural person, his or her personal representative and heirs. 18 22101 bg310701.2 17. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that date. From that day the Tenant shall have the right to either cancel this lease and declare the same null and void, or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Landlord, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to Tenant. 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in as good a condition as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Tenant, shall be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury. Tenant may remove from the Premises movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its expense, properly and promptly repair to Landlord's reasonable satisfaction any damage to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office furniture or trade fixtures, which repair shall include the patching and filling of holes and repair of structural damage. 19. INSURANCE: 19.a. Personal Property: Tenant, at its expense, shall maintain in force during the Term a policy of special form - causes of loss or all risk property insurance on all of Tenant's structures, alterations, improvements, trade fixtures, furniture and other personal property in, on or about the Premises, in an amount equal to at least their full replacement cost. Any proceeds of any such policy available to Tenant shall be used by Tenant for the restoration of Tenant's structures, alterations, improvements and trade fixtures and the replacement of Tenant's furniture and other personal property. Any portion of such proceeds not used for such restoration shall belong to Tenant. Tenant shall not be required to restore structures, alterations, improvements or trade fixtures if available insurance proceeds are not sufficient to do so. 19.b. Liability Insurance: Tenant, at its expense, shall maintain in force during the Term the following types of insurance (or equivalents): a policy of airport liability insurance (including premises liability, aircraft products and completed operations coverage, and hangar keepers liability coverage) with the following limits: Premises liability: $1,000,000 per occurrence, $2,000,000 annual aggregate; products and completed operations coverage: $1,000,000 per occurrence, $2,000,000 annual aggregate; hangar keepers liability: $1,000,000 each aircraft and, $1,000,000 per occurrence; storage tank liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate; operator of aircraft liability insurance in the amount of $1,000,000 per occurrence. Notwithstanding the foregoing, if any similarly situated tenant at the 19 22101 bg310701.2 Airport is required to carry insurance coverages or limits lower than those required under this Lease, Tenant's insurance obligations shall be limited to those lower requirements, and Landlord shall provide reasonable information about insurance requirements applicable to other tenants upon request. The limits of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named as an additional insured on Tenant's airport liability insurance solely with respect to the operations of the named insured (i.e., Tenant), Tenant with that coverage being primary and non-contributory with any other policy(ies) carried by, or available to, Landlord. No such policy shall be cancelable or subject to reduction of coverage below the required limits except after forty-five (45) days' prior written notice to Landlord. 19.c. Insurance Policies: Insurance required hereunder shall be written by a company or companies authorized to do business in the State of Washington, rated A-VIII or better in the most recent edition of `Best's Insurance Guides." The Liability Insurance limits set out in Section 19.b shall be subject to change every 6 years, to coincide with the rental adjustment date. The new Liability Insurance limits shall be established by the then current limits being imposed by Landlord on Airport tenants within the immediately preceding 6 years. Insurance required herein shall provide coverage on an occurrence basis, not a claims -made basis. Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least ninety (90) days prior to the annual renewal date of the Tenant's insurance. Prior to possession (but for the property insurance, upon the issuance of a certificate of occupancy), the Tenant shall deliver to Landlord documents, in a form acceptable to Landlord, evidencing the existence and amounts of such insurance. Tenant shall, not less than fourteen (14) calendar days prior to the expiration of such policies, furnish Landlord with evidence of renewal of such insurance, in a form acceptable to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Tenant shall forthwith, upon Landlord's demand, reimburse Landlord for any additional premiums for insurance carried by Landlord attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance. If Tenant shall fail to procure and maintain such insurance, then Landlord may, but shall not be required to, procure and maintain the same, and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred by Landlord to procure and maintain such insurance. 19.d. Waiver of Subrogation: Tenant and Landlord each waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage or, in the case of Landlord, that would be covered under a property insurance policy for the full replacement value of any improvements owned by Landlord at the Airport. Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 20. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this Lease and upon any alterations or improvement made by Tenant to the Premises. 20 22101 b9310701.2 21. HOLDING OVER: If Tenant, with Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month -to -month tenancy terminable by Landlord by a notice given to Tenant at least thirty (30) days prior to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty (30) days prior to the end of any such monthly period. During such month -to -month tenancy, Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant. All provisions of this Lease, except those pertaining to term, shall apply to the month -to -month tenancy. 22. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the Landlord of rent after any breach by the Tenant of any covenant or condition by Tenant to be performed or observed shall be construed to be payment for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 23. NOTICES: All notices or requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall be sent to Landlord at Landlord's Address set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant's Address set forth below. Landlord's Address: Airport Manager 616 West Perimeter Road, Unit A Renton, Washington 98057 Tenant's Address (after execution of the lease): 750 West Perimeter Road Renton, Washington 98057 Either party may change the address to which notices shall be sent by written notice to the other party. 24. DISCRIMINATION PROHIBITED: 24.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in the use of any of its facilities provided for the public in the Airport. Tenant further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that 21 22101 bg310701.2 Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 24.b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex. 24.c. Application to Subtenants: Subject to the provisions of Section 14 of this Lease, Tenant agrees that it will include the above clause in all assignments of this lease or sub -leases, and cause its assignee(s) and subtenant(s) to similarly include the above clause in further assignments or subleases of this Lease. 25. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not, however, operate to excuse Tenant from the prompt payment of rent, or any other payment required by the terms of this Lease, to be made by Tenant. 26. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. The Landlord's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the Landlord under this Lease, including any obligation with respect to the return of any security deposit. 27. ATTORNEYS' FEES AND COSTS,• COLLECTION COSTS: If either party brings any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the prevailing party shall be entitled to reasonable attorneys' fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorneys' fees for collection of past -due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge, any costs of collection or enforcement, including reasonable attorney's fees. 28. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager reasonable access and response in times of emergency or urgency. The Tenant is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 22 22101 b9310701.2 29. DEFINITIONS: As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: "Additional Rent" means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this Lease other than Minimum Monthly Rent. "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. "Expiration" means the coming to an end of the time specified in the Lease as its duration. "Parties" means Landlord and Tenant. "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, and Additional Rent. 30. GENERAL PROVISIONS: 30.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. 30.b. Governing Law: This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. 30.c. Severability: Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 30.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. 30.e. Waiver: No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 23 22101 bg310701.2 30.f. Captions: Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 30.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee where there is a full assignment of the Lease. 30.h. Effectiveness: This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. 30.i. Gender and Number: As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. 30.j. Time of the Essence: Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 30.k. Joint and Several Liability: If Tenant is composed of more than one person or entity, then the obligations of all such persons and entities under this Lease shall be joint and several. 30.1. No Recordation Without Consent of Landlord: Tenant shall not record this Lease or any memorandum of this Lease without Landlord's prior written consent. This Section 30.1 is subject to the terms of Exhibit G hereto. 30.m. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. 30.n. Corporate Authority: If Tenant is a corporation or limited liability company, each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. 30.o. Addenda: The provisions of this Lease shall be subject to those of any Addenda and Exhibits attached hereto. 24 22101 bg310701.2 TENANT: RENTON GATEWAY CENTER, LLC a Washington Limited Liability Company Its: Date: 25 LANDLORD: THE CITY OF RENTON a Washington municipal corporation By: Mayor, Denis Law Date: ATTEST: City Clerk, Bonnie Walton Date: Approved as to legal form: Lawrence J. Warren, City Attorney 22101 bg310701.2 STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 200_ [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 200_. 26 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: 22101 b9310701.2 STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 200_ [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 200_. 27 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: 22101 b9310701.2 EXHIBIT C RCW 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars shall be charged for each such registration and each annual renewal thereof. Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration °, fees shall be credited to the aeronautics account in the transportation fund. It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences. The provisions of this section shall not apply to: (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes; (2) An aircraft registered under the laws of a foreign country; (3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section; (4) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce; (5) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose.of training crews for purchasers of the aircraft; (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW; (7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary. The secretary shall be notified within thirty days of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NIL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee often dollars by the new owner. A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, shall require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hanger space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. The airport shall work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division. [2003 c 375 § 4; 1999 c 302 § 2; .1998 c 188 § 1; 1995 c 170 § 3; 1993 c 208 § 7; 1987 c 220 § 3; 1979 c 158 § 206; 1967 ex.s. c 9 § 8; 1955 c 150 § 11; 1949 c 49 § 12; 1947 c 165 § 25; Rem. Supp. 1949 § 10964-105. Formerly RCW 14.04.250.1 Notes: Effective date — 2003 c 375: See note following RCW 47.68.240. Severability --1987 c 220: See note following RCW 47.68.230. Aircraft dealers: Chapter 14.20 RCW. Definition of terms: RCW 14.20.010, 47.68.020. EXHIBIT D Initial Environmental Review Notwithstanding anything in the Lease to the contrary, Landlord acknowledges that it has received and reviewed a copy of an environmental audit of the Premises provided by Tenant and Tenant shall have no further obligation to perform any such initial environmental audit as required by Section 7c of the lease. 32 22101 b9310701.2 EXHIBIT E Landlord's Waiver of Performance Bond Notwithstanding anything in the Lease to the contrary, Landlord acknowledges that Tenant shall not be required to obtain any performance bond relating to the construction of improvements identified in Appendix 1. 33 22101 bg310701.2 EXHIBIT F Landlord's Waiver of Removal of Improvements Notwithstanding anything to the contrary in this Lease, and in consideration of this Exhibit F, Landlord agrees that it shall waive its option to require Tenant to remove any and all improvements and structures installed by Tenant on the Premises upon or before the expiration of the Term. In exchange, Tenant agrees to construct the improvements and structures as set forth in section (n) of Appendix 1. Tenant further agrees that it shall not, without Landlord's prior written consent, construct or customize such improvements and structures for any industrial or manufacturing use, excepting those- uses set forth in section 8.a of the Lease, such that said improvements and structures may be useable by subsequent similarly situated tenants upon termination of this Lease. Tenant further agrees that it shall maintain such improvements and structures as set forth in section 9 of this Lease. 34 22101 b9310701.2 EXHIBIT G Landlord's Consent to Recordation Notwithstanding anything to the contrary in this Lease, Landlord agrees that the parties may record this Lease or any memorandum of this Lease. 35 22101 b9310701.2 APPENDIX 1 The Parties' Schedule of Construction. Construction by Tenant: a. Tenant, solely at its cost and expense, may construct or cause to be constructed upon the leased land certain buildings and improvements described below. b. It is understood that the plans and specifications for said building and improvements are not necessarily in complete detail; and that the final plans, specifications, details, and location of construction within the premises shall be subject to the city of Renton's building permit approval process prior to the construction. c. Tenant shall submit a completed application to the city of Renton's building department no later than 60 days after execution of the Lease. d. Tenant shall, at the time of submitting its completed application, submit to the Airport Manager a critical path construction schedule for the buildings and improvements described below. e. Upon completion of construction, Tenant shall provide to the city of Renton's building department a reproducible, CAD disc copy of all as -built drawings for building and utilities. f. Tenant shall cause Tenant's construction work to be performed by licensed and bonded contractors, approved by the city of Renton, and the contractors shall provide, if required by the city of Renton, a performance bond covering all Lessee's work. Notwithstanding anything to the contrary in this Section (f) and Section 10.d of the Lease, Landlord acknowledges that it will not require any performance bond for the construction of the hangar/office building. This waiver is based on representations made by Tenant's Lender, Fortune Bank, a) that the loan provided to Tenant is guaranteed by the Small Business Administration, and b) regarding criteria it (Lender) must meet in order to remain in good standing with the Small Business Administration. Tenant acknowledges that these representations are an integral and significant part of this contract. And, while Landlord has done its due diligence to confirm these representations, that does not reduce, in any way, the good faith reliance Landlord has made on the representations by Tenant's Lender. g. Time of Construction as provided in this Appendix shall commence at the Tenant's option, but no later than 90 days after receipt of all applicable permits. This period may be extended consistent with the terms in Section 25 of the Lease. h. Tenant shall be fully responsible for all construction and all activities incidental thereto. Tenant is not an agent or employee of the city of Renton but undertakes any 36 22101 b9310701.2 activity hereunder solely on its own behalf. All risks of loss arising from Tenant's construction activities to any improvements now or hereafter constructed by Tenant shall rest on the Tenant. i. All work and material shall be of good quality, free of defects, and accomplished in a workmanlike manner in conformity with approved plans and specifications. j. Tenant agrees that the height and configuration of any and all buildings and improvements proposed to be constructed shall be subject to any restriction caused by existing landing, runway, or taxiway requirements of the Airport as indicated in the Airport Master Plan and other public planning documents available to Tenant at the time of execution of the Lease. Work and/or material not in accord with the foregoing shall be corrected, removed, replaced, and/or repaired at the Tenant's expense upon written notice by the Airport Manager. If such work and/or material is/are not so corrected, removed, replaced, and/or repaired by the Tenant within a reasonable period of time of such notice, the city of Renton may correct, remove, replace, and/or repair such work and/or material at the Tenant's expense. k. Except as set out in section "o" below, Tenant shall pay all costs of grading, constructing, paving, or any other development costs, including all permits, within the Premises and costs of utility installation, relocation, or removal required by the construction and its use and occupancy of the Premises. All work by the Tenant shall be performed in a safe manner both on the Premises and with respect to any other city property at the Airport which might be used or affected by any activity of the Tenant during construction. Work shall be performed so as not to interfere with the use of other Airport property by the city, its other tenants, or other users of the Airport property. Tenant shall keep the Premises, and any other Airport property, free of waste materials and rubbish caused by the construction. Material and/or equipment shall not be placed or stored upon Airport property other than the premises leased. m. The city shall not be liable for any damages in connection with the approval or disapproval of any plans and specifications or any construction or other activities of Tenant on the premises, or the enforcement or failure to enforce any provisions of the Lease. The city's approval of plans and specifications shall not constitute the assumption of any responsibility by the city or its representatives of the accuracy, efficiency, or sufficiency thereof, and Tenant shall be solely responsible therefore. n. The buildings and improvements contemplated by this Appendix consist of an approximately 30,900 square foot building. Said building will consist of eight (8) hangar bays for a total of approximately 28,800 square feet, and one (1) office/lobby area for a total of approximately 2,100 square feet. At a minimum, the Tenant's utility and other improvements consist of the following items which are not intended 37 22101 b9310701.2 to supplant those improvements that may also be required as part of the city's permitting process: i. Installation of approximately 80' of 12" ductile iron water main, 1 fire hydrant and water meter(s); ii. Connection of the building to the sewer system; iii. Connection of the building to the electrical and gas system; iv. Connection of the building to phone service; v. Relocate Gate V-4, gate motor, key pads and wireless system; vi. Rehabilitate all concrete pavement joints on the apron area; vii. Install approximately 110' of new storm drain inside a sleeve pipe and two catch basins with one oil water separator; and viii. Remove the ramp lighting poles. o. The city of Renton will make the following pad ready and utility improvements up to the northern boundary of the Leased Premises as described in Figure 1 to this Appendix and shown on the "750 West Perimeter Road Pad Ready Utility " map: i. Install approximately 740' of 12" ductile iron water main and 3 fire hydrants; ii. Pay Puget Sound Energy to install approximately 130' of electrical line; iii. Pay Puget Sound Energy to install approximately 590' of gas line; and iv. Pay Qwest to install approximately 640' of underground phone lines and remove 4-5 phone poles. p. The Tenant will at its sole cost and expense extend all utilities from the northern boundary of the Leased Premises as denoted on Figure 1 to the building to be constructed. q. The three walls of the office building portion of the facility will be constructed as depicted in Figure 2 to this Appendix. This is a material provision of this Lease, as the quality in the appearance of the facility was expressly negotiated between the parties as part consideration for the term of 35 years. 38 22101 bg310701.2 750 West Perimeter Roa "Pad Ready" Utilities Power Transformer (ext)1-1 Hydrants to be installed NPower Line — — — — — — —. Gas line to PFA •••••••••••• Proposed PFA Leasehold -' - - -- --"-' Phone Line • • • • • • • • • • • • • Water Main—PFA install " " " " " "' Storm Water Line Water Main —City install Perimeter Road Boeing Electrical Sub- station C-2 (to remain) C-Z' Figure 2 to Appendix 1— Office Design 40 22101 b9310701.2 APPENDIX 2 Leasehold Mortgage. 1. Lender Protections. Tenant has applied for financing in connection with its business and/or the construction of improvements on the Premises. Tenant shall have the right to grant to the providers of such financing (each, a "Lender") leasehold mortgages, assignments of leases and rents, and such other security instruments covering and affecting all or any portion of the Premises as Tenant may deem necessary or appropriate (collectively, the "Loan Documents"). Tenant will provide Landlord a list of the names and addresses of all Lenders. In the event that any Lender sells or otherwise assigns the Loan, such Lender shall notify Landlord within thirty (30) days of the identity and address of the new Lender and the identity of the person to whom notices required herein may be sent. (a) Notices. Landlord agrees to give simultaneously to each Lender a copy of all default notices and other communications regarding defaults and potential defaults sent by Landlord under this Lease. All notices or copies of notices which are sent to any Lender shall be in writing and shall be sent by registered or certified United States mail, postage prepaid, return receipt requested, or by recognized overnight business courier service, to such Lender at its address designated by notice from Lender to Landlord; (b) Lender's Right to Take Possession. A Lender, during the term of its Loan Documents and subject to section l (d) below, shall have the right to enter upon and take possession of the Premises, whether by foreclosure or otherwise, upon the happening of any default as specified herein or for any default in or breach of Tenant's obligations to each Lender. Notice thereof shall be sent to Landlord. (c) Lender's Cure of Defaults. A Lender shall have the benefit of the following provisions in addition to those elsewhere provided in this Lease: (1) no notice of default or termination given by Landlord to Tenant shall be effective until a copy thereof shall also be sent to such Lender; and (2) after the occurrence of a default and receipt from Landlord of a notice of the occurrence of a default, a Lender shall have the same time period subsequent to the receipt of such notice as is permitted hereunder to Tenant plus an additional sixty (60) days to: (i) notify Landlord of Lender's desire to cure the default; (ii) pay or cause to be paid the rent, and any other Monetary Obligations (as defined in section I(c)(3)(i) below) then due and in arrears as specified in the notice to Lender and which may become due during such sixty (60) day period; and 41 22101 bg310701.2 (iii) comply with all other obligations of this Lease then in default; provided that Lender shall not be liable under any circumstance for or with respect to, or required to cure or assume under this Lease, any default or any obligation related to any default that is not reasonably susceptible to cure by Lender or any other third party (including third parties reasonably retained, employed, or hired by Lender), including but not limited to Tenant's bankruptcy, breach of warranty, construction delay or default, insolvency, misrepresentation or fraud, and execution or levy by creditors ("Lender Non -Curable Defaults"). Lender acknowledges that the provisions of Sections 8.a.(1) and 8.a.(4) of the Lease, subject to the limitations of Section 8.b of the Lease, are mandatory provisions in the Lease and are therefore deemed "curable by Lender." (3) If Landlord is permitted to elect and elects to terminate this Lease by reason of any default of Tenant, and Lender has proceeded in the manner provided for by section 1(c)(2), the specified date for the termination of this Lease as fixed by Landlord in its Termination Notice shall be extended for a period of six (6) months, provided that Lender shall during such six (6) month period: (i) Pay or cause to be paid the rent, and any other Monetary Obligation of Tenant under this Lease as the same become due, and continue to perform all of Tenant's other obligations under this Lease, except (A) obligations of Tenant to satisfy or otherwise discharge any lien, charge or encumbrance against Tenant's interest in this Lease of the Premises junior in priority to the lien of the Leasehold Deed of Trust, and (B) past Lender Non -Curable Defaults, and (C) failure of Tenant to satisfy its indemnity obligations under this Lease. Without limiting the foregoing, Monetary Obligations shall include those obligations to pay money for rent, taxes, utilities, and any other amounts due under the express provisions of the Lease ("Monetary Obligations") and shall not include the monetary damages arising from Tenant's failure to otherwise perform or remediate any act or omission constituting a default; and (ii) If not enjoined or stayed, take steps to acquire or sell Tenant's interest in this Lease by foreclosure of the Leasehold Deed of Trust or other appropriate means and prosecute the same to completion with reasonable diligence and continuity. If Lender is enjoined or stayed from taking such steps, Lender shall use its best efforts to seek relief from such injunction or stay. If as a result of Tenant's filing a petition in bankruptcy, this Lease is rejected by the bankruptcy trustee, Lender, upon termination of this Lease, shall have the rights described in section 1(g), below. (4) If at the end of such six (6) month period Lender is complying with section I(c)(3), this Lease shall not then terminate and the time for completion by Lender of such proceedings shall continue so long as Lender continues to comply 42 22101 b9310701.2 with the provisions of section 1(c)(3) and proceeds to complete steps to acquire or sell Tenant's interest in this Lease by foreclosure of the Leasehold Deed of Trust or by other appropriate means with reasonable diligence and continuity. Nothing in this section 1, however, shall be construed to extend this Lease beyond the Term nor to require Lender to continue such foreclosure proceedings after the default shall be cured in which case Lender shall discontinue such foreclosure proceedings and this Lease shall continue in full force and effect as if Tenant had not defaulted under this Lease. (5) If Lender is complying with section I (c)(3), upon (i) the acquisition of Tenant's leasehold estate by Lender or any other purchaser at a foreclosure sale or otherwise, and (ii) the discharge by such foreclosure of any lien, charge or encumbrance against Tenant's interest in this Lease or the Premises which is junior in priority to the lien of the Leasehold Deed of Trust and which Tenant is obligated to satisfy and discharge by reason of the terms of this Lease, this Lease shall continue in full force and effect as if Tenant had not defaulted under this Lease; provided, however, that Lender or its designee or any other such party acquiring Tenant's leasehold estate shall agree in writing to assume all obligations of Tenant under this Lease, subject to the provisions of this section 1. Nothing contained in this section shall require a Lender to begin or continue possession of the Premises or foreclosure proceedings or to begin or continue to cure any default by Tenant or preclude Landlord from exercising any rights or remedies under this Lease with respect to any other default by Tenant during any period of such forbearance or preclude Landlord from exercising any rights or remedies under this Lease other than termination or cancellation of this Lease during any period of such forbearance. (d) Protection of Interests of Lender. If a Lender, through the operation of its Loan Documents, or by entry as a mortgagee in possession, or by foreclosure, or by acceptance of an assignment in lieu of foreclosure, takes possession of the Premises, such Lender shall have the right, at its option, to operate the improvements on the Premises itself and in all respects comply with the provisions of this Lease; and if such Lender thereby acquires Tenant's interest in the Premises, such Lender shall further have the rights, at its option, to: (1) assign, sublease or transfer Tenant's interest in the Premises or this Lease (without requiring the consent or approval of Landlord) to (A) a subsidiary or affiliate of such Lender or (B) any other assignee or transferee, which subsidiary or other assignee or transferee shall expressly assume all of the covenants, agreements and obligations of Tenant under this Lease by written instrument to be recorded in the appropriate county, a copy of which shall be provided to Landlord; or (2) terminate the leasehold interest created by this Lease, thereby permitting Landlord to determine the future of the Premises, including the right to relet the Premises; in the event of such termination there shall be no obligation by 43 22101 b9310701.2 Landlord to compensate such Lender for any losses and no obligation by such Lender to cure any default of Tenant. Any action under section 1(d)(1) shall be self -operative without the execution of any further instruments on the part of any of the parties hereto immediately upon Lender succeeding to the interest of Tenant in the Premises. Landlord agrees, however, upon the election of written demand by Lender after Lender comes into possession or has given Landlord notice of its intention to do so, to promptly execute an instrument in confirmation of the foregoing provisions, satisfactory to Lender, in which Landlord shall acknowledge such new tenancy and confirm its terms and conditions, consistent with this Lease. Nothing contained herein shall limit or restrict Lender's right to exercise any other rights and remedies under its Loan Documents. (e) Obligations and Rights of a Mortgagee in Possession. (1) Landlord agrees that if Lender shall succeed to the interest of Tenant in the Lease, Lender shall not be (A) subject to any offsets or defenses which Landlord might have against any prior tenant, provided that Lender does not assert any claims of any prior tenant; (B) liable for any obligation to indemnify or reimburse Landlord or any third party or any of their respective successors and assigns from and against any loss, liability, damage or cost relating to or arising from any release of any toxic or hazardous materials on, under or about the Premises other than those caused by Lender or its agents; (C) liable to the Landlord or any third party for any environmental obligations other than those caused by Lender or its agents; or (d) bound by any amendment or modification of the Lease made without Lender's written consent. (2) Landlord also agrees with Lender that Landlord will not voluntarily subordinate its interest in the Lease to any other lien or encumbrance without Lender's prior written consent. (3) If a Lender shall enter upon and take possession of the Premises, but not otherwise, it shall be bound thereafter to keep and perform all duties and covenants and agreements of Tenant under this Lease during the term of its possession; provided, however, that if any default or breach of covenant or other condition justifying termination or cancellation of this Lease by Landlord shall have been cured within the period provided in this Lease and Tenant shall resume possession and shall not then be in default under this Lease, Lender, upon restoring Tenant to full possession of the Premises and its rights under this Lease, shall thereafter not be so bound; and provided further, however, that (i) if after such entry upon and taking possession of the Premises the Lender shall accept another tenant in place of Tenant, or (ii) if after such entry upon and taking possession of the Premises, and upon notice to the City, the Lender shall assign its mortgage, the mortgage note secured thereby, and its possession of the Premises to another lender, or (iii) if the Lender notifies Landlord in writing that it has ceased to maintain possession of the Premises, then, in any such case, such Lender 44 22101 b9310701.2 shall thereafter not be so bound. Lender further agrees that within 90 days of entering upon and taking possession of the Premises, Lender shall perform or cause to be performed at Lender's sole cost and expense an environmental audit of the Premises, the findings of which shall be provided to the Landlord. (f) No Modification or Termination Without Lender Consent. During the term of any leasehold mortgage affecting the Premises, this Lease shall not be amended, modified, terminated or canceled nor shall Landlord accept a surrender of Tenant's leasehold interest, unless such amendment, modification, termination, surrender or cancellation is assented to in writing by all Lenders. Any such attempted amendment, modification, termination, surrender or cancellation without such assent shall be void. Nothing in this section 1(f), however, shall be deemed to require Lender assent for those amendments or modifications required by the Lease or documenting the exercise of rights under the Lease (e.g., periodic rental adjustment). (g) Lender's Rights To New Lease. Landlord agrees that (i) if a Lender, a subsidiary or affiliate of a Lender or any other assignee or transferee of a Lender has acquired Tenant's interest in the Premises pursuant to section l (d), or (ii) upon any termination of this Lease, at the request of a Lender, Landlord will, upon Lender's compliance with the requirements of this section 1(g), enter into a new lease with such Lender, a subsidiary or affiliate of a Lender or other transferee or assignee upon the same terms and conditions contained in this Lease with appropriate revisions to reflect the rights of such Lender, subsidiary, affiliate, transferee or assignee, for the remainder of the Term subsequent to the date of such acquisition or termination; said new lease shall have the same priority as this Lease. Landlord shall not be required to enter into such a new lease unless, prior to the execution and delivery of such new lease, such Lender or its designee shall have cured (or cause to be cured) all Tenant defaults under this Lease except Lender Non -Curable Defaults (which shall be deemed waived as to such Lender, subsidiary, transferee or assignee), and shall have performed all the covenants and obligations of Tenant which are reasonably within the power of such Lender to perform. (h) Liability of Lender. No Lender shall have any liability or obligation under this Lease unless it acquires Tenant's interest by foreclosure or acceptance of an assignment in lieu of foreclosure, and no Lender shall have any liability disclaimed in section 1(e). 2. Estoppel Certificates. Landlord shall execute and deliver, within fifteen (15) business days of Lender's request therefor, estoppel certificates or such other similar certifications as may be reasonably requested up to four times each calendar year ("Estoppel Certificates"). Up to one Estoppel Certificate per year shall be a standard form certificate stating: (i) the date the Lease was executed, its commencement date if different from the date of execution and the date on which the Lease expires; (ii) the date the Tenant entered into occupancy of the Premises; (iii) the amount of rent payable under the Lease; (iv) the date to which the rent has been paid; (v) that the Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of agreement so affecting the Lease); (vi) that the Lease represents the entire agreement between the 45 22101 bg310701.2 parties as to this leasing; (vii) that all conditions under the Lease to be performed by the parties have been satisfied with the exception of conditions relating to the release of hazardous materials, which the Landlord shall only be required to certify (a) that the Tenant has provided proof of hazardous materials insurance required under the Lease continuously effective from the date required by the Lease; and (b) that the Landlord has no actual knowledge of any breaches of the Lease related to hazardous materials releases by the Tenant; (viii) that there are no existing claims by Tenant for which there are any defenses or offsets which the certifying party has actual knowledge of against the enforcement of the Lease by the Tenant; (ix) that no rent has been paid more than one month in advance; and (x) that no security has been deposited with the Landlord (or, if so, the amount thereof) ("Annual Standard Form Estoppel Certificate"). Landlord and Tenant agree to share the costs associated with Annual Standard Form Estoppel Certificates as follows: once in each five (5) year period beginning on the Commencement Date, Landlord shall bear all costs associated with the Annual Standard Form Estoppel Certificate; for any additional Annual Standard Form Estoppel Certificates required during each such five (5) year period, Tenant shall bear or reimburse Landlord for all costs of City staff time (at the standard rates charged for such staff time) incurred by Landlord in connection with the Annual Standard Form Estoppel Certificate, up to $1,000, which amount may be adjusted every three years consistent with the formula provided in section 4.b of the Lease. Tenant shall provide reimbursement to Landlord within a reasonable period of time following the receipt of Landlord's written invoice. Such reimbursable costs shall constitute Monetary Obligations for purposes of this Addendum. The remaining Estoppel Certificates in any calendar year after the first in such calendar year may note that disclosures in such Estoppel Certificates are made to the Landlord's actual knowledge, and neither Lender nor Tenant shall be required to reimburse Landlord for costs incurred in connection with such certificates. If the Lender deems it necessary to require additional Estoppel Certificates without such knowledge limitation, the Lender shall bear or reimburse Landlord for any and all reasonable costs associated with responding to such request. 3. Insurance Proceeds and Condemnation Awards. Landlord agrees that all insurance proceeds and all condemnation and eminent domain awards not used for repair of the improvements of the Premises, during the term of this Lease, shall be paid to the senior Lender to the extent of the amount due on such Lender's loan and the balance thereof shall be paid to the subordinate Lenders, to the extent of the amounts owed to them. 4. Landlord's Loan Repayment Option. Landlord shall have the right to acquire and pay off the balance of the Loan and all costs and expenses owed by Tenant to Lender under its Loan Documents if Tenant defaults under the Loan. If Landlord elects to acquire and pay off the Loan, Lender will execute and deliver to Landlord an assignment of Lender's Loan Documents, including, without limitation, the note, security agreement and UCC filings, and a bill of sale conveying Lender's interest in all inventory, equipment, fixtures, general intangibles, accounts and other personal property collateral associated with the business operated by borrower on the Premises to Landlord. The forms of such assignment and bill of sale shall be "as is," without recourse, representation or warranty by Lender, and otherwise reasonably acceptable to the parties and their counsel. 5. Reliance. Landlord recognizes and acknowledges that it is agreeing to the provisions of this Addendum to the Lease with the intent that Lender will rely on Landlord's 46 22101 bg310701.2 agreement in connection with Lender's making the Loan secured by a Leasehold Deed of Trust on the Tenant's interest in this Lease and the improvements on the Premises. Landlord further acknowledges and agrees that Lender shall have the right to rely on the provisions contained herein. Lender recognizes and acknowledges that Landlord is relying on Lender to obtain an express assurance from subsidiary, assignee, or transferee as set forth in section I (d)(1). 6. No Merger. Without the prior written consent of all Lenders, the fee title to the Premises and the leasehold estate of Tenant therein shall not merge but shall remain separate and distinct notwithstanding the acquisition of both fee title to the Premises and the leasehold estate created hereby by Landlord, Tenant, or any third party by purchase or otherwise. 7. Attorneys' Fees. If any party hereto institutes any judicial or administrative action or proceedings to enforce any rights or obligations under this Lease, or seeking damages or any other judicial or administrative remedy, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion in such bankruptcy proceeding brought by Lender or any other person relating to Landlord, Tenant or any other person or entity). 8. Duration of Terms. The terms contained within this Appendix to the Lease shall apply only so long as the financing provided by Lender is outstanding, provided that in the event Lender succeeds to the interest of Tenant, whether by foreclosure, deed in lieu of foreclosure, or otherwise, such terms shall remain in effect for so long as Lender retains such interest. 47 22101 bg310701.2 N f12 OF SM 7, ALL IN M �A;ALL w 190 AR-1 6 6--CRIP T' ON' VPA T f Uf-.' Gf - THE N JA OF 90, WOW 7, TOP, W.N. W -RTNO t�oway .4's-, fou9mm A), fK, swr. otwiw fAt- vflo !;MPop) 7- V,W'_Tj'-04*F, 2481 .3r-, 7-,E-t WhE 3t*V'.11AfiMT OUARM 6P 2AID 9W-0,00 7; Vflj�NtE FEET TIG TTRF IN7 TAXITAY "A".- -rt4r?jlf"7 ALOE SAM TAXIWAV. Mv.w' FECI:ir, "INENCIL �X617'W-Ki SRO,; t7L_Lxt "D ME PONT CF 5EQWX)JNC,,- T' TiENGt 58:-'YJ2'5-7'4'Vl, ?_45.4r, r,,,7,r- 'r!A; 9. y,Vrrrt 'TPEPCE 454'10'6'24'ix 2482 FEET 7NER-ME Wq7'JO"I9vIV 49j, 14 FYEr THENtCE 985'%'B5&E, 271-40 FEET TkONCE 'milep To THE pw, 4r :or 8p'.0j0jvg rtvs, fZMTAI,V,Wr- APPROYMAMY SQUARE FEEFFT OR J W AMES. .2� NOVS W, Ad. ji�slls op 6SAPM3 t!�, IN ow vwj�vllwfv fM T)4r WASPON40001 .14A6, k( ZoNt, DEPAPIRMOUT RMTfAY XGUG' INE C-NUMLYNE OF VNE RENITMI AfRPORT RIPMAY, AS ESTAMWRIEO Vr ME rtm 1, Vw. '"Olwav'AL 0" VflllAs0xwl0'(�z nit M14P rjf�. PfW-uWAt,'l'.V WIN A QWA 1201 TOTAL Sllj,"AW (h5MAOWTI. ANO VEEI rVi EXC'7M A LAtZO V_ MARE OF I � I, %_ 00 6 Au icwfa-ARY hTASWNILUMI, EQLfrm.?Lf",)* LifO&O !"As _PLLtk cwf,,a�? V AM) AriedV7EV, TO -A. klAilwAL 6EWEPC St,,'Rteh-y CALORAMO 7WE LAST YCAP. ... LEGEND W PlOtAIDIARY L.Mr, & T acilloll 011it I F CO, OUND 40L)APTER VC7rO.'v RNER PGOVO -5ECWQN CrX'rl"Nrr? f PTION: 100.57' WX Tv� -a5;'L 41 MWI, 111� IN, 4 Construction Area 60,000 00 square feet (not to scale) M6 t Tiedown Area 530.6 76,846 square feet (not to scale) PM. T VCWHOR 9- THE N 112 a- 50-5 DOM 7. TO PW--9(-'WF 23 Nop. T , 47A ).0- 5 T- MOO 000'wy VIA5jLwGrv'y'(. mm's"M ,4$ AY iftZ: f-Mim oy.')THLIf Q- VIO .1-IMP011 Y, klmlff B"45 SWIr"t4IF, 2481�� jr&5T AR-N, -.hlr MOVIVIWST OUAP7U CIP SAjj SiEtTiON 7,, TM-NI-11C 431-51 FEET rG THT VrMP*!*NT Or WNW 7WMT MQ4'I'.,5'5eIf. ALONO SAM TAXIMM' -As' )9.34.oi HE-., 5W, '12'07-g aq_'O"; i7p6l'. jo YHE PCOIT OF 'PECIMORZ; 7_45.46 FCC -,, VLLICt r,-Y-T; VIEWE 14 Fa-7; .'EWE M8S'%'f-"Sd'E, :27,140 FEET; ThENCE RE7: VVrj,0'j9"'W , 4�9_ eMfXiTQ F',Mr TO TIC POWT Or KrOWNS. CWTAWNS3 APF-ROY-WA 7r, v 1 -44- im"P cyl, &Arw KrT-T rA* -1 1 Al Anqptz 7 Iw OP a-IrApi)w vftwfo #A, T*W trA4W4?rOM KAI> J23 tOM. ZCNt, I �. j Wj�' AIGIWG 17 F, CrNI"LULF aF ME RENTON AIRPORT RUNWAY. AS ESTABb,"NED 1RY TTFC FUMC ;;R'A' t)E*PAfM_U','T JM71M, Y MUbg',WAL &(,',P 4ME PEW-GRWFV 140H A CrIC-A 1Oi WT4L Sll..'IONI ANO REEI: -:W AL. - -MIMAlY ECOP111-IN) LIMLIZLO HAS _V�_htl GCeWAMW AAW ADW-'�y7ED 70-A:M-AjfGf"jL GEWERC SUCeh-Y CAUNZAMP 9-AZL44t, UMUN NE LAST )EAF% LF76END.. 9 AW I tr &-k AR tE WITM? b'jW MIVVAY -r-'ovn_QQVAR7_EV SECTM' CORNER ....... ..... J PUMP SIECM4 twVTR zoo - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W A4 i AAM flu ku M. �:. .�/aYM9 .._ .ate•' Utility Easement �' - r:" -•- - '� Corridor (not to scale) " 493.14' f 97 y. w:rIV I-IftN 12UP tr T w N 1.,? Or St.£'`T Q( V 7, TOF4M-W 2jr t'f-WTJ4, rN Af- ;r 0 TASL. C 3tf.`'W{�• . rL �' ifiiG` Wvi Q.jAI?' &.Y Wi &N OL., -'! 1 :-5rMW 4 41`G 4 M'AJ' 5' 43.91-31 FEE' TO TW ff-Y "MA*tF CC rAX► IA Y ''+4 ; TW.M'r ,ALM10 4`AM T,3Xi(Otr� "�;; )g.3q.Vj ft- x .WEN-. kt�'L��T`�E f3g'U�s f�Ez' !f itit . Awif-r 'c+iX5l�--'YJ2"A7"`tlt,� z.[�', w,,��rvtl� .*y7tlr(."qt �hi I-"`,YtJ7y"x`a�...� v4 Al �. 7fr r.`v7':`-T-;L "�ltp�-fi.Td��L-"�y� i d i�i.iT .? '.�4-T Gr �'.f!- %�J- r'iG. ,j Tin[Y'A-N•• f�=�1' o� $0,24!0"w. z-41 FtTT 040E Pti2J7jO"1 0W',* 49114 Fa —I ` T� i€MCE 7[1?8ti'-: DIS4'.t 2-77.40 FEET TriEN.47 CMITAIM04 APPROX-MA '!1' 13684)6 5—MORE .{—EFT OR 3-144 ACRc& .__RV A �� -..,- arm-""�` :;�' .,.• �,�„rt. * y 13 i dV 2 t UN '7 ;ram"t" ?: !�} .. a. 44 x- �:�'•. ter .. 1 to. y - .; JMlf"f"—• ,Y( ... .�.�•.r-a.«.:-ve--.�_:: .�. :.. :.. .�_ ',�,_;�—ti.-.. 3'-..•. ^w•n .�Y..�+2 ... ....a .._.a s�' �,J.xx x..wc. .�:Y<av- x'"•)fdi 0AW,Op .R?t�+G 7�7f,�.�`iE ,%i_OMP W M, '.T 'iVE Chi- ME R TM AWPORT RUNIMA . AS C�T"'y�L� 1� PY T4 FVO �+ -� &SI t&-i'; 7VRCtWT WNn, NI O 'Gif-Ais.lFrkb f,,!5 k i 7i%-AP3 04P OR! PAW.�-Gf 4? WN A 1201 MTAL Sik-11ON WSMWIi 4ha btLE'4 :�'i EW8� A VNEM CLMRE OF 05 GAG AIL f•'f#;[MORY bUiLiii UJILQW PAS RE-1-PI G(:YOPrlRLD P& AL.1",l"x'TEO 70"A AIAOMIAi OLY,'VEDC Ig6WKEY LMEND , I )' FCC! '►+� OVAP7ER 5 G MN C ATER AAfth. 24, Z06"i -------------------------------------------- CITY OF RENTON COUNCIL AGENDA BILL AI #: 1 Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division August 17, 2009 Agenda Status Staff Contact...... Derek Akesson, Project Manager Extension 7337 Consent .............. X Public Hearing.. Subject: Rainier Avenue South (SR 167) Improvements Project Correspondence.. Phase 1: Shattuck Avenue South Stormwater Bypass Ordinance ............. Reimbursement Agreement with MCImetro Access Resolution............ Transmission Services LLC Old Business........ New Business....... X Exhibits: Issue Paper Study Sessions...... Reimbursement Agreement with MCImetro Access Information......... Transmission Services LLC Exhibit A Exhibit B Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: (T12703 f009 0018 0055) Expenditure Required... $ 55,000 Transfer/Amendment....... Amount Budgeted....... $ 7,000,000 (2009) Revenue Generated......... $ 0 Total Project Budget $ 33,375,675 (2009-2014) City Share Total Project.. SUMMARY OF ACTION: The purpose of this reimbursement agreement with MCImetro Access Transmission Services LLC is for the relocation of fiber optic facilities on BNSF Railway Company property in advance of the City's construction project to install the Shattuck Avenue South stormwater bypass. The City's project is anticipated to begin construction in late August 2009. MCImetro Access Transmission Services LLC does not have a franchise agreement with the City for fiber optic facilities located on BNSF Railway Company property. Relocation of these facilities is necessary to eliminate conflicts with the City's project. Therefore, the City must reimburse MCImetro Access Transmission Services LLC for the cost of the fiber optic relocation work. American Recovery and Reinvestment Act (ARRA) funding will be utilized for this reimbursement agreement. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the reimbursement agreement with MCImetro Access Transmission Services LLC for the relocation of fiber optic facilities on BNSF Railway Company property in advance of the City's construction project to install the Shattuck Avenue South stormwater bypass. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\PROJECTS\T12703 - Rainier Ave - Grady Way to S. 2nd St\TED 40_XXXX (Rainier Ave. - Shattuck storm bypass)NCI Reimbursement Agreement\Agenda Bill - MCImetro reimburse agreement.doc PUBLIC WORKS DEPARTMENT City of M E M O R A N D U M DATE: August 17, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM: Gregg Zimmerman A ministrator STAFF CONTACT: Derek Akesson, Transportation Design Project Manager (extension 7337) SUBJECT: Rainier Avenue South (SR 167) Improvements Project Phase 1: Shattuck Avenue South Stormwater Bypass Reimbursement Agreement with MClmetro Access Transmission Services LLC ISSUE: Should the Council authorize the Mayor and City Clerk to execute the Reimbursement Agreement with MClmetro Access Transmission Services LLC for the relocation of fiber optic facilities on BNSF Railway Company property in advance of the City's construction project to install the Shattuck Avenue South stormwater bypass? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the reimbursement agreement with MClmetro Access Transmission Services LLC for the relocation of fiber optic facilities on BNSF Railway Company property in advance of the City's construction project to install the Shattuck Avenue South stormwater bypass. BACKGROUND: The purpose of this reimbursement agreement with MClmetro Access Transmission Services LLC is for the relocation of fiber optic facilities on BNSF Railway Company property in advance of the City's construction project to install the Shattuck Avenue South stormwater bypass. The City's project is anticipated to begin construction in late August 2009. MClmetro Transmission Services LLC does not have a franchise agreement with the City for fiber optic facilities located on BNSF Railway Company property. Randy Corman, Council President Members of the Renton City Council Page 2 of 2 August 17, 2009 Relocation of these facilities is necessary to eliminate conflicts with the City's project. Therefore, the City must reimburse MClmetro Access Transmission Services LLC for the cost of the fiber optic relocation work. American Recovery and Reinvestment Act (ARRA) funding will be utilized for this reimbursement agreement. cc: Peter Hahn, Deputy PW Administrator —Transportation Bob Hanson, Transportation Design Supervisor Rob Lochmiller, Civil Engineer Derek Akesson, Civil Engineer Juliana Fries, Program Coordinator Connie Brundage, Administrative Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\PROJECTS\T12703 - Rainier Ave - Grady Way to S. 2nd St\TED 40—XXXX (Rainier Ave. - Shattuck storm bypass)\MCI Reimbursement Agreement\Issue Paper - MClmetro reimburse agreement.doc Project No. 998053 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into this day of August, 2009, by and between MCImetro ACCESS TRANSMISSION SERVICES LLC, a Delaware limited liability company ("MCImetro"), having an address at 2400 North Glenville Drive, Richardson, Texas 75082, and The City of Renton, Washington [determine the type of legal entity: corporation, municipal corporation, joint venture, partnership, etc.] ("Reimbursor"), having an address at City Hall — 5 h Floor, 1055 S. Grady Way, Renton, WA. 98507. The signatories to this Agreement shall be referred to individually as a "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the Burlington Northern SantaFe Railroad easement or right-of-way at Shattuck Avenue and the BNSFRR ROW which requires the protection or relocation of MCImetro facilities along, over and/or under said easement or right-of-way; WHEREAS, as a result of Reimbursor's construction activity, Reimbursor has requested MCImetro to relocate or protect a portion of its facilities without cost or risk to MCImetro; and WHEREAS, MCImetro, under the terms hereinafter stated, is willing to undertake such relocation or protection of its facilities (the "Project") solely in order to accommodate Reimbursor, provided Reimbursor reimburses MCImetro for all of its costs, both direct and indirect, associated with the Project. NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants herein contained, the Parties agree as follows: Reimbursor agrees that Exhibit A, attached hereto and made a part hereof, represents the scope of work for the Proj ect. 2. Reimbursor may, at its 'own expense, inspect construction MCImetro performs in connection with the Project. 3. Reimbursor agrees to bear all direct and indirect costs incurred by MCImetro and relating to any construction by MCImetro in connection with the Project, including, but not limited to, labor, materials, construction, damages, administrative overhead, taxes, travel expenses, legal fees and other reasonable out of pocket expenses. Reimbursor waives any and all delay damage claims, except if caused solely by the gross negligence or willful misconduct of MCImetro. 4. The total cost of the Project is estimated to be Forty — Nine thousand One Hundred Twelve Dollars ($49,112.00), as detailed in Exhibit B, attached hereto and made a part hereof. Reimbursor acknowledges and agrees that this amount is an estimate and shall not be construed as limiting the amount MCImetro is to be reimbursed by Reimbursor under this Agreement. MCImetro shall provide notice to Reimbursor when MCImetro becomes aware that actual costs will exceed the estimate by more than ten percent (10%). MCImetro may, in its sole discretion, submit to Reimbursor an itemized invoice for actual Project costs not more often than monthly. Reimbursor shall pay the full amount billed within thirty (30) days following receipt of the invoice from MCImetro. 5. Following completion ofthe Project, MCImetro shall make an accounting of final, unpaid, actual costs ofthe Project and provide Reimbursor with a copy of the accounting and an itemized invoice therefor. Reimbursor shall pay the full amount billed within thirty (30) days after receipt of the invoice from MCImetro. 6. Reimbursor shall perform no work within ten feet (10') on either side of the existing MCImetro facilities located within the right-of-way until the Project has been completed. 7. The obligations of MCImetro are subject to force majeure and MCImetro shall not be in default of this Agreement if any failure or delay in performance is caused by strike or other labor problems; accidents; acts of God; fire; flood; adverse weather conditions; material or facility shortages or unavailability; lack of transportation; the imposition of any governmental codes, ordinances, laws, rules, regulations or restrictions, including, without limitation, the necessity of obtaining permits or c:\mcimetro\standard reimbursement\outside plant 07.10.08 environmental assessments or environmental approvals; condemnation or the exercise of rights of eminent domain; war, civil disorder or acts of terrorism; or any other cause beyond the reasonable control of MCImetro. 8. Reimbursor shall give written notice to MCImetro at least forty-eight (48) hours, excluding Saturday, Sunday and legal holidays, in advance of commencement of any work in the immediate permitted area, subject to the limitations set forth in Paragraph 6. The notice shall be given to those individuals listed on the Contact Sheet of Exhibit A. In the event of an emergency, Reimbursor shall provide telephonic notice to MCImetro at 1-800-MCI-WORK upon Reimbursor's discovery of the emergency. 9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by and between MCImetro and Reimbursor pertaining to the Project. 10. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 11. In the event of a dispute, jurisdiction and venue shall be in the King County Superior Court for the State of Washington. 12. Each Party warrants that it has the full right and authority to enter into this Agreement. All necessary approvals and authority to enter into this Agreement have been obtained and the person executing this Agreement on behalf of each Party has the express authority to do so and, in so doing, to bind such Party hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. CITY OF RENTON MCImetro ACCESS TRANSMISSION SERVICES LLC By: Name: Title: Tax ID#: Telephone: Email address: Billing Contact: Name: Address: By: Name: Marty Hrsh Title: Group Manager Reg. Eng & Const. c:\mcimetro\standard reimbursement\outside plant 2 07.10.08 FXHIRIT A BACKGROUND The City of Renton, WA is installing a new 48-inch storm waterline in Shattuck Avenue, the MCI fiber cable in the BNSF Railroad right-of-way from Salt Lake City to Seattle, WA is in conflict with the proposed project. The conflict requires exposing the conduit in two locations and lowering it to 18 feet in depth from its present 10 foot location. SCOPE OF WORK The project is 100 percent refundable and the estimated costs for the relocation are $49,112.00. MCI will bill the City upon the completion of the project. CONTACTS Brandon Jacome, Manager 1740 Creekside, Oaks Drive, Ste. 200 Sacramento, CA. 95833 916-569-5895 office 925-457-6721 mobile brandon.iacome@verizonbusiness.com Tracy Chosa, Project Engineer 851 SW 6th Avenue, Suite 400 S Portland, OR, 97204 503-973-5315 office 360-931-8751 cell trace.t.chosa@verizonbusiness.com City of Renton: Derek Akesson, Project Design Manager Renton City Hall 1055 South Grady Way Renton, WA 98057 425-430-7337 office dakesson@rentonwa.gov Brad Landis, Project Engineer 11311 NE 120th Street, Building W Kirkland, WA 98034 425-636-6032 office 425-766-1740 mobile brad.landis@verizonbusiness.com Rob Lochmiller, Project Construction Manager Renton City Hall 1055 South Grady Way Renton, WA 98057 425-430-7303 office rlochmiller@rentonwa.gov MCImetro Fiber Optic Line Locations Transmission Systems Construction R&U Project Buftet 7/27/2009 Project #: 998053 Revision: 2 Title: RENTON. WA BNSF (24 SHATTUCK Site Code: STrLWA Capital Project: Capital PrJ. Title: Regen/Regen Spans: ..... . .... T .... ........ ESTIMATED ENGINEERING TIME: (DAYS) Engineering: Drafting: As Built Doc. TIME FRAME TOTAL: Date Prepared: 7/14/2009 Engineer: LANDIS. BRAD Lead Engineer: BECKERMANN. DON City: RENTON State: Washington Footage: 50 EXHIBIT B Page I of 2 2 ESTIMATED CONST. TL%IE-. (DAYS) Construction: TIME FRAME TOTAL: . ... rt .. ...SCHEDULE . .. . . . ..... .. .. .. .. .... Investigationfl: Eng. Start: Construction Start: 6/27/2008 Disposition: Exvense Eng. Construction Complete: 10/15/2009 Y..OF EST A) ENGINEERING $0.00 B) INSPECTION SERVICES $3,396.00 C) MCI FURNISHED MATERIALS $0.00 D) CONTRACTOR UNIT PRICE SCHEDULE $45,716.00 Q SPLICING LABOR $0.00 F) SUBTOTAL $49,112.00 G) OVERHEAD - 20% OF ITEMS A-C & E $0.00 H) OVERHEAD - 5% OF ITEM D $0.00 TOTAL - LOADED PROJECT COST $49,112.00 W - M M REF DESCRIPTION DAYS QTY UNIT $ EXT. $ 2) MCI In-nector (Inc. mob.) (External) .5 1 $340.00 $1,700.00 3) MCI TSO FF. (Monitor) 2 1 $848.00 $1,696.00 INSPECTION SERVICES Sub TOTAL $3,396.00 Lead Engineer: Date: ....::.::... Irf� �,IIV�RL,U�QN, Transmission Systems Construction R&U Project Budizet 7/27/2009 EXHIBIT B Paae 2 of 2 2 Addendum to Unit Price Schedule REF DESCRIPTION UNITS QTY UNIT $ EXT. $ 59) OSP Construction Contractor mote FA 1 $5,740.00 $5,740.00 66) Total Additional For Proiect Aereemnt FA 1 $39,976.00 $39,976.00 CONTRACTOR UNIT PRICE Sub TOTAL $45,716.00 CITY OF RENTON COUNCIL AGENDA BILL Al #: Y. 0'. Submitting Data: Public Works For Agenda of: August 17, 2009 Dept/Div/Board Utility Systems Division/Water Utility Agenda Status Staff Contact John Hobson, x7279 Consent .............. X Public Hearing... Subject: White Fence Ranch Sanitary Sewer Extension Special Correspondence... Assessment District No. 0040 Ordinance ............. X Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Ordinance Information......... Draft Final Notice of Potential Assessment Final Assessment District Roll Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment.... Amount Budgeted........ Revenue Generated...... Total Project Budget..... City Share of Project..... SUMMARY OF ACTION: The Wastewater Utility has completed construction of the White Fence Ranch Sanitary Sewer Extension. At the regular Council meeting June 9, 2008, Council approved the preliminary Special Assessment District. The final costs and assessments have been determined, and the property owners will be notified, as directed by City Ordinance #4444. There are 118 single-family units within the Special Assessment District. The per -unit assessment for the district is $11,021.66. Thirty days after final approval of the ordinance, interest will accrue on the assessments at a rate of 5.30 percent for a period of 10 years, per City Ordinance #4505. STAFF RECOMMENDATION: Approve the final White Fence Ranch Sanitary Sewer Extension Special Assessment District No. 0040 and present the ordinance for first reading. CADocuments and Settings\BWalton\Local Settings\Temporary Internet Files\Content.Outlook\X7DZYUNA\Final_Agenda_WFR SAD.doc\JDHaw 1111110city of PUBLIC WORKS DEPARTMENT I M E M O R A N D U M DATE: August 3, 2009 TO: Randy Corman, President Members of the Renton City Council VIA: -��' Denis Law, Mayor FROM: Gregg Zimmerman,�dministrator STAFF CONTACT: John Hobson, Wastewater Utility (x7279) SUBJECT: Establishment of White Fence Ranch Sanitary Sewer Extension Special Assessment District No. 0040 ISSUE: Does the City wish to establish a Special Assessment District for the White Fence Ranch Sanitary Sewer Extension in order to ensure that the cost of the project is equitably distributed to those who benefit? RECOMMENDATION: Approve the final White Fence Ranch Sanitary Sewer Extension Special Assessment District No. 0040 and present the ordinance for first reading. BACKGROUND SUMMARY: The White Fence Ranch Sanitary Sewer Extension project will provide sanitary sewer service to properties adjacent to 1551h Avenue SE and 156th Avenue SE between NE 120th Street and NE 128th Street. The Wastewater Utility has proposed to use a per -connection method of calculating the assessments for the properties within the proposed assessment district. This method divides the cost of the project by the number of lots within the assessment district. There are 118 lots within the proposed assessment district boundary. Although the final cost for the project is $1,558,042.25, the Wastewater Utility is proposing to use the original estimate of $1,300,556.39 to calculate the per -connection charge for the sanitary sewer special assessment district. The difference between the estimated cost and the actual cost ($257,485.86) was a result of the additional work to rebuild the roadways rather than patch and overlay them. Since this area will eventually annex into the City of Renton, it made sense to go above and beyond the usual "patch Council/White Fence Ranch Final SAD Page 2 of 2 August 3, 2009 and overlay" restoration. Since the existing roadway asphalt and sub -grade soils were of poor quality, it was decided that it would be in the long-term benefit of the City to completely rebuild the roadways (18" of new sub -grade rock and all new asphalt) to give them a 20-year life span. Therefore, using the original cost estimate of $1,300,556.39 for the sanitary sewer installation, the per -connection charge would be $11,021.66. CONCLUSION: It has been the policy of the City that when sanitary sewer facilities have been installed that the City hold a Special Assessment District in order to ensure each property that benefits from the new facility pays its fair share of the costs. This policy helps ensure the existing ratepayers do not pay a disproportionate share of the costs for these City -installed facilities. Therefore, we recommend that Council approve staffs recommendation for establishment of the White Fence Ranch Sanitary Sewer Extension Special Assessment District No. 0040. cc: Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Engineering Supervisor JoAnn Wykpisz, PW Principal Financial & Administrative Analyst File H:\File Sys\WWP - Wastewater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\Final_WFR_Issue_SAD.Doc\JDHaw CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO 155"' AVE NE, 156rH AVE NE AND SE 124TH ST ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the White Fence Ranch Sanitary Sewer Extension project in the northeast quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION IL Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the White Fence Ranch Sanitary Sewer Extension as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Char;;e. New connections of residential units shall pay a fee of $11,021.66 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.30% per aniunn added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie 1. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Denis Law, Mayor 1-1:\Fite Sys\WWP - WasteWater\W WP-27-3432 White Fence Ranch\SAD\Final SAD\SAD_Ordinance-WFR.docUDHtp CITY OF RENTON FINAL NOTICE OF POTENTIAL ASSESSMENT for City of Renton White Fence Ranch Sanitary Sewer Interceptor Special Assessment District No. 0040 «TAXPAYER N» «TAXPAYER_B» «TAXPAYER C» «ZIP» King County Account No. «ASSESSOR I» LEGAL DESCRIPTION: «LEGAL DESC» PER UNIT ASSESSMENT $11,021.66 On June 20, 2008, I, Bonnie I. Walton, the City Clerk of Renton, Washington, mailed you a notice of potential assessment for sanitary sewer improvements associated with the White Fence Ranch Sanitary Sewer Extension Project. We have now completed construction of these sewer facilities. The facilities, as shown on the attached map, are eligible for cost recovery under City Special Assessment District Ordinance No. 4444. For those properties that could receive benefit directly by the sewers, future use would trigger payment of a 'fair share' cost of the sewer. This assessment is calculated, as a unit charge, by dividing the cost of the conveyance portion of the sewers by the number of units projected for the basin served by these sewers. This rate has been established at $1 1,021.66 per unit. The purpose of the assessment district is to allow the City the ability to collect the costs of the construction of the sewer facilities from all those who benefit from its construction. To accomplish this, we are required to record an ordinance which will serve as a notice of potential assessment. This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is our goal to ensure, in fairness to all, that any property owner that connects at a later date pays their share just like those who will connect right away. The benefit area is defined as the ultimate service area. that the facility may be able to serve. This boundary is shown on the attached map. You will only be required to pay this assessment when the property gains benefit from these sewer facilities. Until that time, the property can be sold or change hands without triggering the assessment. Benefit from these sewer facilities can be described as follows: • A property not currently connected to a City sewer facility (i.e., currently utilizing an on -site system or a vacant parcel), that connects to the sewer system associated with this district will trigger the assessment. Until then, the assessment will not be triggered. • For those properties that are already connected to City sewer, this assessment will only be triggered if the property increases its density either by change of use (i.e., single family to multi- family housing) or through increased density within the same use (i.e., further subdivision of land for single family housing). You will not be required to pay the assessment unless one of the above situations occurs. However, the assessment district will accrue simple interest at a rate of 5.30% per annum for a period of ten years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is recorded with King County Records. To avoid interest charges at a future date, you may pay the amount of assessment during the thirty -day period after recording, interest free. This option is totally at the discretion of the property owner. HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\WFR_final_notice.doc\.ID]3\tb Some properties within the boundary of this special assessment district are currently within other city held special assessment districts. Each property will only be responsible to pay the charges for the special assessment districts that they derive benefit from. Per City Ordinance No. 4444 you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 S. Grady Way, Renton, WA 98057, within twenty (20) days of this mailing (by August kX2009, 5:00 P.M.). Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a $75.00 non-refundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4444, Sections 9-16-9.0 and D, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology, and the issue of benefit to the properties to be assessed Appeal Fee and Appeal Process: A non-refundable appeal fee in the amount of $75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper grounds for protest according to City Ordinance, a public hearing will be held. If no protests are received, the above -quoted notice of potential assessment will be recorded against your property. The charge(s) will not be collected until you subsequently tap onto or use the 7cilities covered by the Special Assessment District notice. We hope that this notice will answer most of your questions. If you do, however, have questions pertaining to sewer ,installations, the background of the assessment district, or the appeal process, please contacts John Hobson (primary) at 425-430-7279 or Dave Christensen (secondary) at 425-430-7212. Bonnie 1. Walton, City Clerlc Notice of Final Assessment/Final Hearing HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\WFR_tinal_notice.doc\JDH\tb Na 4TH ST w w Q H- LO LO T SE 128TH ST w U) w Q LO T WHITE FENCH RANCH SPECIAL ASSESSMENT DISTRICT SCALE 1 "=300' CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification ALLISON ARTHUR D 12212 155TH SE RENTON WA 98059 KC Tax Act # 935330101004 Legal Description: LOT 9 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD ALEXANDER PAUL S 12004 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330031003 Legal Description: LOT 1 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD ANDERSON JOHN+LISA 12621 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330021004 Legal Description: LOT 21 BLK l WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD AZZOLA LARRY D 12020 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330033009 Legal Description: LOT 3 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD BONSON WALTER L 12452 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330069003 Legal Description: LOT 7 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD BOWERS MELISSA A+KYLE D 12011 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330061000 Legal Description: LOT 31 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.docVHtp Page 1 of 20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification BOZICH KEVIN M 12627 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330020006 Legal Description: LOT 20 BLK I WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD BULLOCK MARK D 12003 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330062008 Legal Description: LOT 32 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD BURNSIDE REBECCA L 10025 NE 127TH PL KIRKLAND WA 98034 KC Tax Act # 935330035004 Legal Description: LOT 5 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL 1N VAL OF ADJ LOTS LESS CO RD KC Tax Act # Legal Description: BURNSIDE REBECCA L 10025 NE 127TH PL KIRKLAND WA 98034 935330036002 LOT 6 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD BUTLER FREDERICK LOOMIS I1+CINDY LEE 15608 SE 128TH ST RENTON WA 98059 KC Tax Act # 935330015006 Legal Description: LOT 15 BLK I WHITE FENCE RANCH ASSESSORS PLAT LESS CO RDS CAMPBELL ARTHUR D+TRACY D 12258 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330045003 Legal Description: LOT 15 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 2 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification CARLSON ALVIN E 12 GOLD CT SEQUIM WA 98382 KC Tax Act # 935330012003 Legal Description: LOT 12 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD FEDE COURTNEY J 533 NE 126T'-' ST SEATTLE WA 98125 KC Tax Act # 935330055002 Legal Description: LOT 25 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD CHERRY STREET INVESTMENTS,CAPEK KENNETH J 10605 DELPHI RD SW OLYMPIA WA 98512 KC Tax Act # 935330056000 Legal Description: LOT 26 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD CHRISTENSEN WILLIAM L 12654 156TH SE RENTON WA 98059 KC Tax Act # 935330014009 Legal Description: LOT 14 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD CIAPANNA SAMUEL JR+WILLIAMS 12228 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330103000 Legal Description: LOT 11 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD CORTES SAUL JIMENEZ+ZULLY R 15414 SE 128TH ST RENTON WA 98059 KC Tax Act # 935330078004 Legal Description: LOT 16 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RDS H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAMFINAL SAD ROLL WFR.doc\JHtp Page 3 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Identification Name/Address of Owner DEAN JEANNETTE 12626 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330072007 Legal Description: LOT 10 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DEMOPOULES THEMO 1120 LOTH ST ANACORTES WA 98221 KC Tax Act # 935330087005 Legal Description: LOT 25 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DESHAW RUTH E 12611 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330085009 Legal Description: LOT 23 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DESHAW RUTH E 12611 155TH SE RENTON WA 98059 KC Tax Act # 935330086007 Legal Description: LOT 24 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DICKSON CLYDE M+CLAUDIA J+,SIMON, MICHIAL A+KAY I 15630 SE 124TH RENTON WA 98059 KC Tax Act # 935330039006 Legal Description: LOT 9 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD DOBOSIEWICZ ANDRZEJ+ALEKSAN 12433 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330026003 Legal Description: LOT 26 BLK I WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 4 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Name/Address of Owner Property Identification DODGE ELMER+GWEN 12264 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330046001 Legal Description: LOT 16 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD DOLAN LARRY E 13525 181 STAVE SE RENTON WA 98059 KC Tax Act # 935330037000 Legal Description: LOT 7 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DOLAN LARRY E 13525 181STAVE SE RENTON WA 98059 KC Tax Act # 935330038008 Legal Description: LOT 8 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DOLAN LARRY E 13525 181 STAVE SE RENTON WA 98059 KC Tax Act # 935330114007 Legal Description: LOT 22 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD DZMITRYIEU ALIAKSANDR+MARYNA 12450 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330006005 Legal Description: LOT 6 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD ELTZ LARRY G PO BOX 33308 SEATTLE WA 98133-0308 KC Tax Act # 935330121002 Legal Description: LOT 29 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.docVHtp Page 5 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification BASIC VENTURES INC 18211 240TH AVE SE MAPLE VALLEY WA 98038 KC Tax Act # 935330099000 Legal Description: LOT 7 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS BASIC VENTURES INC 18211 240TH AVE SE MAPLE VALLEY WA 98038 KC Tax Act # 935330100006 Legal Description: LOT 8 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS FARNSWORTH PEARL 12244 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330043008 Legal Description: LOT 13 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD FORBES BYRON E+AMANDA M 12635 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330082006 Legal Description: LOT 20 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD FRYE ORAN W & BETTY 12035 156 AVE SE RENTON WA 98059 KC Tax Act # 935330058006 Legal Description: LOT 28 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD GAMLEM THORALF E III 12040 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330098002 Legal Description: LOT 6 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SADWINAL SAD ROLL WFR.doc\JHtp Page 6 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Identification Name/Address of Owner GARR BOBBY LEE & MARY H 15607 129TH PL SE RENTON WA 98058 KC Tax Act # 935330011005 Legal Description: LOT 11 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD GOONAN MARTIN J 12610 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330070001 Legal Description: LOT 8 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN DONNA L 2230 151 ST PL SE BELLEVUE WA 98007 KC Tax Act # 935330040004 Legal Description: LOT 10 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN DONNA L 2230 151 ST PL SE BELLEVUE WA 98007 KC Tax Act # 935330041002 Legal Description: LOT 11 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN DONNA L 2230 151 ST PL SE BELLEVUE WA 98007 KC Tax Act # 935330052009 Legal Description: LOT 22 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330054005 Legal Description: LOT 24 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 7 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330057008 Legal Description: LOT 27 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330059004 Legal Description: LOT 29 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330093003 Legal Description: LOT 1 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330094001 Legal Description: LOT 2 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330095008 Legal Description: LOT 3 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330096006 Legal Description: LOT 4 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 8 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identifi7— cation HALGREN S WILLIAM 2230 151 ST PL SE BELLEVUE WA 98007-6321 KC Tax Act # 935330097004 Legal Description: LOT 5 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HAMER REBECCA J 12017 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330122000 Legal Description: LOT 30 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HAMPTON CHARLES E+JENNIFER J 12409 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330030005 Legal Description: LOT 30 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HARRISON LINDA C 12643 156TH SE RENTON WA 98059 KC Tax Act # 935330018000 Legal Description: LOT 18 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HARRISON SCOTT 12469 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330022002 Legal Description: LOT 22 BLK I WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HILLARD DONALD G+LYNN B 13605 94TH AVE NE KIRKLAND WA 98034 KC Tax Act # 935330065001 Legal Description: LOT 3 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAMFINAL SAD ROLL WFR.doc\JHtp Page 9 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification DICKSON CLYDE + CLAUDIA 15630 SE 124TH ST RENTON WA 98059 KC Tax Act # 935330001006 Legal Description: LOT 1 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD ISGRIGG DAVID D 12410 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330002004 Legal Description: LOT 2 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD JAHN JACK J SR 14622 196TH AVE SE RENTON WA 98059 KC Tax Act # 935330016004 Legal Description: LOT 16 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RDS JAI -IN JACK J SR 14622 196TH AVE SE RENTON WA 98059 KC Tax Act # 935330017002 Legal Description: LOT 17 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD KING COUNTY WATER DIST 90 15606 SE 128TH ST RENTON WA 98059 KC Tax Act # 112305902804 Legal Description: W 200 FT OF S 330 FT OF SW 1/4 OF SE 1/4 LESS S 130 FT OF W 75 FT THOF LESS CO RD LESS C/M RGTS KING COUNTY WATER DIST 90 15606 SE 128TH ST RENTON WA 98059 KC Tax Act # 112305906300 Legal Description: N 60 FT OF S 390 FT OF W 200 FT OF SE 1/4 LESS C/M RGTS HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 10 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification KLENNERT CHARLES G 12250 156TH AVE S E RENTON WA 98059 KC Tax Act # 935330044006 Legal Description: LOT 14 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD KNAB HAROLD F JR 12646 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330075000 Legal Description: LOT 13 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT PP ACT 39962659 MOBILE HOME VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD LEE ROBERT C 12432 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330066009 Legal Description: LOT 4 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD LOCKRIDGE PATRICK H 12012 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330032001 Legal Description: LOT 2 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD LUKAS PAUL W & JUDITH 12028 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330034007 Legal Description: LOT 4 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD MADDOCKS DENNIS 12612 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330009009 Legal Description: LOT 9 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAMFINAL SAD ROLL WFR.doc\]Htp Page 11 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification KC Tax Act # Legal Description: MAGGARD DONALD S+JOLENE R 16023 SE 135TH ST RENTON WA 98059 935330073005 LOT 11 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD MANNON ERIK J 12651 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330080000 .Legal Description: LOT 18 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD MARTIN DARRELL & ANN 12429 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330027001 Legal Description: LOT 27 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD KC Tax Act # Legal Description: MCCOY JAMES 10307 NE 88TH ST VANCOUVER WA 98662 935330042000 LOT 12 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD MCGRAEL DAVID SCOTT 12618 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330071009 Legal Description: LOT 9 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD MOORE DIANE B 12440 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330067007 Legal Description: LOT 5 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAMFINAL SAD ROLL WFR.doc\JHtp Page 12 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification MOORE JASON P 12411 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330029007 Legal Description: LOT 29 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD KC Tax Act # Legal Description: HUFF MICAH P + SALLY L 12217 155TH AVE SE RENTON WA 98059 935330115004 LOT 23 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD NGO KYLE+NGO TRACI 12403 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330092005 Legal Description: LOT 30 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD NGUYEN BRIAN 12620 156TH AVE SE RENTON WA 98056 KC Tax Act # 935330010007 Legal Description: LOT 10 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD NGUYEN ROHN+DAO THUHA 12009 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330123008 Legal Description: LOT 31 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD NGUYEN VINH V+DUNG THI TRAN 764 VASHON PL NE RENTON WA 98059 KC Tax Act # 935330090009 Legal Description: LOT 28 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAMFINAL SAD ROLL WFR.doc\JHtp Page 13 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification OLIVER JOYCE&SCHMIDT CAROL 433 BRONSON WY NE RENTON WA 98056 KC Tax Act # 935330068005 Legal Description: LOT 6 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD GILL HARJINDER+HARKANWALPREET 26520 118TH WAY SE KENT WA 98030 KC Tax Act # 935330064004 Legal Description: LOT 2 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD LEWIS JOHN L 12211 155T" AVE SE RENTON WA 98059 KC Tax Act # 935330116002 Legal Description: LOT 24 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD PARKER CRAIG & EVELYN 12404 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330063006 Legal Description: LOT I BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD PATTEN JOHN CALVIN R 12033 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330120004 Legal Description: LOT 28 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD BARNHILL JANA 12041 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330119006 Legal Description: LOT 27 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.docVHtp Page 14 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification QUACH BRIAN & TINA 13111 SE 214TH WAY KENT WA 98031 KC Tax Act # 935330089001 Legal Description: LOT 27 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD RANSIER CHARLES+DIANA 12001 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330124006 Legal Description: LOT 32 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD REDDY CHANDRA 12619 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330084002 Legal Description: LOT 22 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD ROUTH HOLLY M 12643 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330081008 Legal Description: LOT 19 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD SADLER AARON R+VIRGINIA E 12019 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330060002 Legal Description: LOT 30 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD SAWYER ERNEST C+MARY JANE 12657 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330079002 Legal Description: LOT 17 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\]Htp Page 15 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Name/Address of Owner Property Identification SCHNEIDER KEN V 12237 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330113009 Legal Description: LOT 21 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD SHINES DOLORES S 12638 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330074003 Legal Description: LOT 12 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD SIMS ROBERT N 12815 SE 218TH PL KENT WA 98031 KC Tax Act # 935330077006 Legal Description: LOT 15 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RDS SMITH STEVEN WESLEY+HEGGEN-SMITH SUSAN 12458 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330007003 Legal Description: LOT 7 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD STEVENS ILENE M 12205 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330117000 Legal Description: LOT 25 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD STEWART DEE 12457 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330023000 Legal Description: LOT 23 BLK i WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SADWINAL SAD ROLL WFR.doc\JHtp Page 16 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: Property Name/Address of Owner Identification STEWART DONALD & MILDRED A 12457 156TH SE RENTON WA 98059 KC Tax Act # 935330024008 Legal Description: LOT 24 BLK I WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD STRUNK KEVIN S+SHAYNA J 12635 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330019008 Legal Description: LOT 19 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD STUECKLE JAMES T 12220 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330053007 Legal Description: LOT 23 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD $11,021.66 KC Tax Act # Legal Description: STUECKLE JAMES T 12220 155TH AVE SE RENTON WA 98059 935330102002 LOT 10 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD THOMPSON ALAN L+ANN EVITA 12644 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330013001 Legal Description: LOT 13 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD THOMPSON HEATHER S 12049 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330118008 Legal Description: LOT 26 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 17 of20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification TON TOC D 12411 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330091007 Legal Description: LOT 29 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD TRAN QUANG VAN+ATHENA 12652 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330076008 Legal Description: LOT 14 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD VAN PELT ROLLO WINSLOW+TERR 12604 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330008001 Legal Description: LOT 8 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD VU CONG-AN+THUY HOANG TRAN 665 NEWPORT CT NE RENTON WA 98056 KC Tax Act # 935330088003 Legal Description: LOT 26 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD WEBER ANGELA J 12236 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330104008 Legal Description: LOT 12 BLK 4 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD WEISSER GARY L PO BOX 375 PRESTON WA 98050 KC Tax Act # 935330049005 Legal Description: LOT 19 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\W WP - WasteWater\W WP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 18 of 20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification WEISSER GARY L PO BOX 375 PRESTON WA 98050 KC Tax Act # 935330050003 Legal Description: LOT 20 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD WEISSER GARY L PO BOX 375 PRESTON WA 98050 KC Tax Act # 935330051001 Legal Description: LOT 21 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD WELCH JAMES JR. & JAMIE L 12428 150' AVE SE RENTON WA 98059 KC Tax Act # 935330003002 Legal Description: LOT 3 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD WELCH JAMES L JR 12428 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330004000 Legal Description: LOT 5 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LOTS 4 & 5 LESS CO RD WILKINS HUGH 12257 156TH AVE SE RENTON WA 98059 KC Tax Act # 935330048007 Legal Description: LOT 18 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD BROWN HOWARD T+NANCY L 12421 156T" AVE SE RENTON WA 98059 KC Tax Act # 935330028009 Legal Description: LOT 28 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD WILLIAMSON JOE L 12439 156TH S E RENTON WA 98059 KC Tax Act # 935330025005 Legal Description: LOT 25 BLK 1 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD H:\File Sys\W WP - WasteWater\W WP-27-3432 White Fence Ranch\SAD\Final SAD\FINAL SAD ROLL WFR.doc\JHtp Page 19 of 20 CITY OF RENTON FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS WHITE FENCH RANCH SANITARY SEWER EXTENSION Type: Wastewater Utility Improvements Cost per Unit: $11,021.66 Property Name/Address of Owner Identification WILSON LEE F 12627 155TH AVE SE RENTON WA 98059 KC Tax Act # 935330083004 Legal Description: LOT 21 BLK 3 WHITE FENCE RANCH ASSESSORS PLAT VAL OF UNDEEDED STS & ALLEYS ARE INCL IN VAL OF ADJ LOTS LESS CO RD WRIGHT M JR 12265 156TH SE RENTON WA 98059 KC Tax Act # 935330047009 Legal Description: LOT 19 BLK 2 WHITE FENCE RANCH ASSESSORS PLAT LESS CO RD HAFile Sys\WWP - WasteWater\WWP-27-3432 White Fence Ranch\SAD\Final SADWINAL SAD ROLL WFR.doc\JHtp Page 20 of20 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON PROCLAIMING A LOCAL EMERGENCY. WHEREAS, Resolution No. 3411 of the City of Renton, State of Washington, empowers the Mayor and City Council to proclaim the existence or threatened existence of a local emergency in the City, when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, the United States Army Corps of Engineers has declared that the flood - control capabilities of the Howard Hanson Dam have been diminished and that local communities should plan for flooding on the Green River during the 2009 and subsequent flood seasons; and WHEREAS, the City of Renton would experience major infrastructure damage, business disruptions and economic impacts due to such a flood; and WHEREAS, Renton Fire Chief I. David Daniels, Emergency Services Administrator, recommends that an emergency be proclaimed in the City of Renton; and WHEREAS, Mayor Denis Law and the City Council are requested by the Emergency Services Administrator to proclaim the existence of a local emergency therein; and WHEREAS, said Mayor and City Council do hereby find that conditions of peril to the safety of persons and property are threatened within the City, caused by the current condition of the Howard Hanson Dam on the Green River; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The declarations of emergency conditions declared by the United States Army Corps of Engineers and Emergency Services Administrator are approved, confirmed and adopted by the City Council. SECTION III. It is hereby proclaimed that during the existence of said local emergency, the powers, functions, and duties necessary to prepare for, stabilize and control said incident are given to the Emergency Services Administrator and Public Works Administrator. SECTION IV. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor and City Council. PASSED BY THE CITY COUNCIL this day of 12009. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES:1414:7/27/09:scr 2 Bonnie I. Walton, City Clerk Denis Law, Mayor CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (EARLINGTON ANNEXATION; FILE NO. A- 08-002). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about January 28, 2009; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City.of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on or about, February 2, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and 1 a ORDINANCE NO. WHEREAS, the City Council fixed April 6, 2009, as the time and place for public hearing regarding the proposed annexation in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings having been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further having determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of July 10, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-8, eight units per net acre, R-10, ten units per net acre, and R-14 fourteen units per net acre; NOW, THEREFORE, THE CITY. COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty days 2 El ORDINANCE NO. after publication of this ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 101-acres, is bordered by the existing City limits to the west and along portions of the northern and southern boundaries, with South Langston Road and 80th Avenue South to the east; Renton Avenue South intersects the annexation area.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. 3 Denis Law, Mayor ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1577:7/28/09:scr EARLINGTON ANNEXATION LEGAL DESCRIPTION Those portions of the Northeast quarter of Section 13, Township 23 North, Range 4 East, W.M. and the Northwest quarter of Section 18, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the westerly right of way margin of Oakesdale Ave SW and the southerly margin of the City of Seattle's Cedar River pipeline right of way, said southerly margin also being the limits of the City of Renton as annexed under Ordinance No. 3845; Thence northerly along the northerly extension of said westerly margin crossing said pipeline right of way and S 134th St to an intersection with the northerly right of way margin of said S 134th St; Thence southeasterly along said northerly margin to an intersection with the southwesterly right of way margin of S Langston Rd; Thence northwesterly along said southwesterly margin to an intersection with the southerly extension of the westerly right of way margin of 80th Ave S; Thence northerly along said southerly extension, crossing Said S Langston Road and S 132°d St, and continuing northerly along said westerly margin and the northerly extension thereof, crossing S 130t' St to an intersection with the northerly right of way margin of said S 130th St; Thence easterly along said northerly margin and its easterly extension, crossing 80th Ave S, Renton Ave S and 84th Ave S to an intersection with the easterly right of way margin of said 84th Ave S; Thence northerly along said easterly margin to an intersection with the southerly right of way margin of NW 3" St and the existing limit line of the City of Renton as annexed under City of Renton Ordinance No. 1461; Thence generally easterly, southerly and westerly along said existing limits as annexed under City of Renton Ordinance Nos. 1461, 1579, 1461, 1968, 1461, 1320, 2022, 3680, 2022, 1820, 1320, 1539 and 3845, to the point of beginning. 1 of 1 06/25/2009 4:09:00 PM .V2w. f 1100 m (D RNA 01� n iU O O � � C7 vine N > > to3 C (D p 3 3 3 C o ° _ (D 3 y m Y m v cQ 0 D \V� m X DO rF 0� D cD CO co 0 c v 14 1 m tb CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-6 (URBAN RESIDENTIAL 6 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended 1 ORDINANCE NO. to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 16.07-acres, is generally located south of South 130th Street, immediately east of 801h Avenue South, and north of South 132"d Street.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of 12009. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1576:7/28/09:scr Bonnie I. Walton, City Clerk Denis Law, Mayor 2009. 2 ��Y o Department of Community z& Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician 0 June 23, 2009 N 300 600 Feet 1-4800 .�rcruced b Rentenlc 20T4, the,— ty ofRemmnail rigi> rese:ted. entles Otani,, sot, it ludina blltnOt I;MlferJ to accw'acy. n.,.cs orrnar•i?aidabilr..:. acconvarry Fl:is p;od_ t. Earlington Annexation Area Proposed R-8 Zone L _ j' EaNington Annexation Boundary City Limits ® R8 zone =8e Name: N ;:;Eu;Plannir.�+t:;IS'•,GIS projectslannexatior!� 1nu:ds',earlii gto!;___annex�rcposed_RE_zoniny_.JuneG9. 0. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-8 (URBAN RESIDENTIAL 8 DWELLING UNITS PER ACRE, KING COUNTY ZONING) AND R-12 (URBAN RESIDENTIAL 12 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-10 (RESIDENTIAL 10 DU/AC; EIGHT DWELLING UNITS PER ACRE, CITY OF RENTON ZONING) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION 1. The following described property in the City of Renton is hereby zoned to R-10. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 48.86-acres, is generally located south of South 132th Street, immediately east of South Langston Road, and north of South 134"d Street.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1578:7/28/09:scr Denis Law, Mayor 2 �tizY o� Department of Community - & Economic Development ��Nzoz Alex Pietsch, Administrator Adriana Johnson, Planning Technician June 23, 2009 N 0 300 600 � Feet 1:4800 Prmuc—.*hy Renton lc?_Qx3,the Cityo`Re;n?cnal:right, res<^;ed. 3nfies ofanv sort. includino CutncUlmited to a; curacy. or mcrchznfabilt•,. accormarry This p;od_:ct. Earlington Annexation Area Proposed R-10 Zone L, j Eadington Annexation Boundary City Limits ® R1Ozone Re Name: H!.CE.Plsnningl::1�1GI S_pruje:,ts.arviexatia�sz� :mxdslear';i;��ten_arrrex.�roaoaEd_F,10 _zone_Jur.�i5.� 0 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-12 (URBAN RESIDENTIAL 12 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-14 (RESIDENTIAL 14 DU/AC; FOURTEEN DWELLING UNITS PER ACRE, CITY OF RENTON ZONING) (EARLINGTON ANNEXATION, FILE NO. A-08-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having being held on April 6, 2009, and the second hearing having being held on August 17, 2009, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-14. The annual ordinance adopting the maps of the City's zoning ordinance is hereby 1 ORDINANCE NO. amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 10.97-acres, is generally located south of South 130th Street and west of 84th Avenue South.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1579:7/30/09:scr Denis Law, Mayor 2 ti�Y o� Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician 0 June 30, 2009 N 300 600 Feet Produced h Renton (c) 2009. the City of Renton all tights reserved, ranties of any sort, including but not limited to accuracy. fitness or merchantability. accoaurany this Utoduct, Earlington Annexation Area Proposed R-14 Zone Earlington Annexation Boundary _City Limits ® R14 zone File Narne: H CEOIPlanninglGlS\GIS�rojec[slznnexatlonsv lmxds''a�arTngtor,_annex pmposad_R14_zone^!unt;Q4.. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (DUVALL SOUTH; FILE NO. A-09-001). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80%) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city, may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3996 calling for the annexation of the Duvall South area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, as part of the East Renton Plateau pre -zoning the area was considered as file number LUA 06-152 and the City held public hearings regarding the pre -zoning of the area with the first hearing held on November 6, 2006, and the second hearing held on December 11, 2006; and 1 In ORDINANCE NO. WHEREAS, pre -zoning was determined to be Residential Four Dwelling Units per Net Acre (R-4) for the eastern portion of the area and adopted by Ordinance number 5254 and pre - zoning was determined to be Residential Eight Dwelling Units per Net Acre (R-8) for the western portion of the area and adopted by Ordinance number 5257; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Duvall South and depicted on the map attached hereto as Exhibit A is hereby annexed and made a part of the City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 11.6-acres, is generally located immediately north of 139th Avenue Southeast and immediately west of Field Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. 2 ORDINANCE NO. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (45th) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Denis Law, Mayor 3 2009. ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1570:7/29/09:scr DUVAL SOUTH ANNEXATION LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter and the north 30 feet of the Southwest quarter of Section 15, Township 23 North, Range 5 East, W. M., in King County, Washington of said section bounded by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos.3143, 4564, 3163, 5074 and 5283, listed in clockwise order beginning where the south line of said north 30 feet intersects the said limits to the West. 1 of 1 08/27/2008 9:48 AM i iD Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician December 10, 2008 N 0 225 t 1:4,200 Produced by City of Renton (c) 2008. the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Duvall South Annexation Vicinity Map �� Duvall South Annexation Area File Name.:\EDNSP\GIS__projects\annexations\ honey_creek_estates\mxds\l _honey_creek_eslates_annex_vicinity. mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (HONEY CREEK ESTATES; FILE NO. A-09- 003). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80 %) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3998 calling for the annexation of the Honey Creek Estates area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of June 2, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations"'are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Honey Creek Estates and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of the City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property approximately 18.2-acres, is generally located immediately south Northeast 12tt Street, if extended and immediately west of 148t" Avenue Southeast.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this 2 13 ORDINANCE NO. annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (451h) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1571:7/29/09:scr 3 Denis Law, Mayor 10IIIA:� HONEY CREEK ESTATES ANNEXATION LEGAL DESCRIPTION Those portions of Sections 10 & 11 of Township 23 North, Range 5 East, W. M., in King County, Washington, described as follows: The north 20 acres of the Northeast quarter of the Northeast quarter of said Section 10, LESS that portion platted as Brookefield II, as recorded in Volume 224 of Plats, pages 80 - 83, records of King County; TOGETHER with the west 30 feet (148t' Ave SE) of said Section 11 adjacent to the above described. I I of 1 09/23/2008 1:49 PM W s / • his, .:.". / �. _/ /'/ . Department of Community Honey Creek Estates Annexation . & Economic Development Alex Pietsch, Administrator Vicinity Map Adriana Johnson, Planning Technician December 10, 2008 N 0 150 30Feeti Honey Creek Estates Annexation Boundary -+ 1:4,200 Produced by City of Renton (c) 2008. the City of Renton all rights reserved. No warranties of any sort; including but not limited to File Name :\EDNSP\GIS_projects\annexations\ accuracy, fitness or merchantability, accompany this product. honey._creek_estates\mxds\1__honey_creek,_estates_annex_vicinity.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (HONEY CREEK ESTATES ANNEXATION, FILE NO. A-09-003). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth (45th) day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five (45) days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study,. and public hearing, and two public hearing having been held thereon on or about May 13, 2009, and June 24, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 0 SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 18.2-acres, is generally located immediately south Northeast 12th Street, if extended and immediately west of 148th Avenue Southeast.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Honey Creek Estates annexation. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1572:7/29/09:scr day of 12009. Bonnie I. Walton, City Clerk day of 2009. Denis Law, Mayor 2 I' Department of Community &Economic Development Honey Creek Estates Annexation �ENToZ Alex Pietsch, Administrator Zoning DataIGIS Services Adriana Johnson, Patrick Roduin April 22, 2008 N Legend 0 150 300 f.'—j Honey Creek Annexation Boundary Feet 1:3200 (= R4 (Proposed Zoning) Produced by City of Ren lot. (c) 2009. the city of Renton all rights reserved, fao warranties of any soil, File NameH:\CED\Planning\GIS\GIS_projects\annexations\ including hul not limited to accuracy, fitness or rierchantahility, accompany this product. honey_creek_estate\mxds\honey_creek_annex_proposed_zoning_B&W.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SUNSET EAST; FILE NO. A-09-002). WHEREAS, under the provisions of RCW 35A.14.295 code cities are authorized to annex unincorporated islands of territory when the area has boundaries that are at least eighty percent (80%) contiguous to the city and is less than one hundred (100) acres in size; and WHEREAS, under the provisions of RCW 35A.14.295 the legislative body of the code city may resolve to annex such unincorporated islands and describe the boundaries of the area, state the number of voters residing therein, and set a date for a public hearing in the matter; and WHEREAS, the Renton City Council approved Resolution Number 3997 calling for the annexation of the Sunset East area under the unincorporated island method and setting the public hearing; and WHEREAS, the Renton City Council held a public hearing in the matter of the proposed annexation on March 2, 2009, affording proponents and opponents of the proposed annexation an opportunity to be heard; and WHEREAS, the King County Boundary Review Board deemed the "Notice of Intention" approved as of May 29, 2009; and WHEREAS, the City of Renton is concurrently zoning the annexation site to R-4, four units per net acre; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to annexations using the unincorporated island method, including the provisions of RCW 35A.14.295 and 297 have been met. The area called Sunset East and depicted on the map attached hereto as Exhibit B is hereby annexed and made a part of he City of Renton; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. The owners of property within said annexation area shall not be required to assume their fair share of the outstanding indebtedness of the City of Renton, but all property in the area shall be assessed and taxed at the same rate and on the same basis as property in the City of Renton, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION III. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the King County Council, State of Washington, and as otherwise provided by law. The City Clerk is also authorized and directed to give notice by publishing in a newspaper of general circulation at least one time per week for two consecutive weeks subsequent to the adoption of this ordinance. That notice shall include the proposed effective date of this 2 'a„ ORDINANCE NO. annexation, a description of the property to be annexed, and statement that the area will be subject to City of Renton Zoning Code and zoned to R-4, four dwelling units per net acre. SECTION IV. This ordinance is subject to referendum for forty-five (45) days and shall be effective following the passage of the forty-fifth (451h) day from but excluding the date of passage of this ordinance if no timely and sufficient referendum petition has been filed. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1573:7/29/09:scr 3 Denis Law, Mayor SUNSET EAST ANNEXATION LEGAL DESCRIPTION That portion of unincorporated King County lying in the Southeast quarter of Section 3, Township 23 North, Range 5 East, W. M., in King County, Washington, bounded on all sides by the existing limits of the City of Renton, as annexed thereto under Ordinance Nos. 4092, 5068 and 5293, listed in clockwise order beginning with the western boundary of the hereby described. 1 of 1 08/27/2008 12:33 PM oti6Y o� Department of Community Sunset East Annexation _ . & Economic Development Alex Pietsch, Administrator Vicinity M a p Adriana Johnson, Planning Technician December 10, 2008 NN3�S� 0 195 'eet Cl Sunset East Annexation Bdry 1:4,200 Produced by city of Renton (c) 2008, the City of Renton all rights file Name::\EDNSP\GIS_projects\annexations\ reserved. No warranties of any sort. including but not limited to accuracy, fitness or merchantability, accompany this product. sunset_east_annex\mxdsll_sunset._east_annex_vicinity.mxd CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (SUNSET EAST ANNEXATION, FILE NO. A-09-002). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the annexation using the unincorporated island method and initiated by the City will be effective following the passage of the forty-fifth (451h) day from but excluding the date of the passage of the annexation ordinance and if a timely and sufficient referendum petition is not filed within those forty-five (45) days; and WHEREAS, the matter of zoning was duly referred to the Planning Commission for investigation, study, and public hearing, and two public hearing having been held thereon on or about April 22, 2009, and May 27, 2009; and said matter having been duly considered by the Planning Commission; and the zoning being in conformity with the City's Comprehensive Plan, as amended, and all parties having been heard appearing in support or in opposition to the proposed zoning; and, the City Council having duly considered all matters relevant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 3 SECTION i. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 15.9-acres, is generally located immediately north of Southeast Renton -Issaquah Road and immediately east of Jericho Avenue Northeast, if extended.] SECTION II. In accordance with RCW 35A.14.330 this ordinance shall be effective upon the effective date of the Sunset East annexation. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1574:7/30/09:scr Denis Law, Mayor 2 NE >6th_St i Department of Community Sunset East Annexation &Economic Development Alex Pietsch, Administrator Zoning Data/GIS Services Adriana Johnson, Patrick Roduin April 23, 2008 N Legend 0 155 310� Sunset East Annexation Boundary Feet R-4 (proposed zoning) 1:3600 Procluced by City of Renlon (c) 200g. the City of Renton all rights reserved. No warranties of any son: File Name: H:\CED\Planning\GIS\GIS_projeds\annexations\ including but not limited to accuracy, fitness or sunset east\mxds\sunset east annex_proposed_zoning_B&W.mxd ;Tmrchantability, accompany this Product. — — — CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO AMEND LAND USE PERMIT FEES. WHEREAS, the City's land use permit fee schedule has not been evaluated or amended in many years; and WHEREAS, the City recently conducted an analysis of neighboring jurisdiction's land use permit fees and found Renton's fees to be significantly less than comparable jurisdictions for various permit types; and WHEREAS, the City desires to be more adequately compensated for actual processing costs, yet still encourage appropriate annexation proposals; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I: Subsection 4-1-170A, Application Type, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as shown on Attachment A. SECTION II: Subsection 4-1-1706, Joint Land Use Applications, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted and the remaining subsections re -lettered accordingly. 1 ORDINANCE NO. SECTION III: Subsection 4-1-170C, Refund of Land Use Application Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re -lettered as subsection B, and amended to read as follows: B. REFUND OF LAND USE APPLICATION FEES: The filing fees as set forth in the fee schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Community and Economic Development Department Administrator may authorize the refunding of not more than eighty percent (80%) of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to the routing of the application for staff review. Eighty percent (80%) of the applicable fee will be refundable if the application is withdrawn prior to circulation by the Planning Staff. Once circulation (and review has begun) no refund of base fees will be authorized. SECTION IV: Subsection 4-1-170D, Exception for Projects Vested in the County, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re -lettered as subsection C. SECTION V: This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PJ ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1568:7/9/09:scr 4-1-170 LAND USE REVIEW FEES: A. APPLICATION TYPE: FEE AMOUNT: Additional Animals Permit (annual fee) $50.00 Annexation No charge Appeal of Hearing Examiner's Decision, Administrative Decision, or Environmental Decision $250.00 Binding Site Plan (total fee for both preliminary and final phases) $1,800.00 Code Text Amendment No Charge Comprehensive Plan Map or Text Amendment (each) $1,000.00 Conditional Use Permit $2,000.00 Critical Areas Review Fee 100% of costs of contract biologist's for those projects that propose impacts to critical areas' reviews Environmental Impact Statement/Draft and Final' 100% of costs of coordination, review and appeals' Environmental Checklist Review $1,000.00 Fence Permit (special) $100.00 Grading and Filling Permit (Hearing Examiner) $2,000.00 Lot Line Adjustment $450.00 Manufactured/Mobile Home Park: Tentative $500.00 Preliminary $2,000.00 Final $1,000.00 Open Space Classification Request $100.00 Plats: Short Plat (total fee for both preliminary and final phases) $1,400.00 Preliminary Plat $4,000.00 Final Plat $1,500.00 Planned Urban Development: $2,000.00 Preliminary Plan $1,000.00 Final Plan Rebuild Approval Permit: Hearing Examiner Review $500.00 Administrative Review $250.00 Rezone $2,000.00 Routine Vegetation Management Permit without Critical Areas $75.00 ATTACHMENT A Shoreline -related Permits Shoreline Permit Exemption No Charge Substantial Development Permit: $2,000.00 Conditional Use Permit $2,000.00 Variance $2,000.00 each Site Development Plan (Site Plan or Master Plan and Includes Design Review Fee for Projects Subject to RMC Section 4-3-100): Hearing Examiner Review $2,000.00 Administrative Review $1,000.00 Modification (minor, administrative) No Charge Modification (major) New Application and Repayment of Fee Required Special Permit (Hearing Examiner) $2,000.00 Temporary Use Permits: Tier 1 $75.00 Tier 2 $150.00 Variance (per each variance requested) — Administrative $1,200.00 each request or Hearing Examiner Waiver or Modification of Code Requirements $100.00 each request 1 Per RMC 4-3-050F7, the City may charge and collect fees from any applicant to cover costs incurred by the City in review of plans, studies, monitoring reports and other documents related to evaluation of impacts to or hazards from critical areas and subsequent code -required monitoring. Z When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant's proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. ATTACHMENT A L CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 11, SPEED LIMITS, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY CHANGING THE SPEED LIMITS OF EDMONDS AVENUE S.E. FROM S.E. PUGET DRIVE TO S.E. 1615T STREET AND 116T" AVENUE SE FROM 1615T STREET TO SE 192ND STREET TO 30 MILES PER HOUR; ADDING DUVALL AVENUE NE, FROM THE NORTH CITY LIMIT TO NE 4T" STREET AND SETTING THE SPEED LIMIT AT 35 MILES PER HOUR; CHANGING THE SPEED_ LIMIT OF BENSON DRIVE SOUTH, FROM SOUTH PUGET DRIVE TO PETROVITSKY ROAD SE TO 40 MILES PER HOUR; AND ADDING 108T" AVENUE SE, FROM PETROVITSKY ROAD SE TO THE SOUTH CITY LIMIT AT SE 192ND STREET AND SETTING THE SPEED LIMIT AT 40 MILES PER HOUR. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 10-11-113 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding two new subsections, numbered 16 and 17, to read as follows: 16. Edmonds Avenue S.E. from S.E. Puget Drive to S.E. 1615t Street, with the exception of the school zone. The school zone established around Cascade Elementary School shall remain in force dependent on time of day or the presence of children. 17. 116th Avenue SE from 1615Y Street to SE 192nd Street, with the exception of the school zone. The school zone established around Benson Hill Elementary 1 ORDINANCE NO. School shall remain in force dependent on time of day or the presence of children. SECTION II. Subsection 10-11-1C.16 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to read as follows: 16. Oakesdale Avenue Southwest from Monster Road Southwest to Southwest 43rd Street, and the posting of signs to that effect on both sides of the street. SECTION III. Subsection 10-11-1C.17 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to read as follows: 17. Duvall Avenue NE, from the north City limit to NE 4th Street. SECTION IV. Subsections 10-11-1C.18 and 19 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," are hereby deleted. SECTION V. Subsection 10-11-1D of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended to add two new subsections 4 and 5, to read as follows: 4. Benson Drive South, from South Puget Drive to Petrovitsky Road SE. 5. 108th Avenue SE, from Petrovitsky Road SE to the south City limit at SE 192"d Street. 2 ORDINANCE NO. SECTION VI. This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1569:07/15/09:scr Denis Law, Mayor 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY RENTON, WASHINGTON, AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED INTERLOCAL AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ENTITY FACILITY; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT AMONG THE CITIES OF RENTON, AUBURN, FEDERAL WAY, AND DES MOINES, WASHINGTON, AND THE SOUTH CORRECTIONAL ENTITY; AND AMENDING ORDINANCE NO. 5443. WHEREAS, the City of Renton, Washington (the "City') is authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance No. 5443, adopted by the City on February 2, 2009, and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with Auburn, Burien, Des Moines, Tukwila and SeaTac, Washington (the "Member Cities"), dated February 25, 2009, (the "Original Interlocal Agreement"), to form a governmental administrative agency known as the South Correctional Entity ("SCORE"); and WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional facility to be located in Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and 1 ORDINANCE NO. WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, pursuant to Ordinance No. 5443, the City pledged its full faith and credit toward the payment of its allocable proportion (34%) of the debt service on bonds issued by the Authority; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Interlocal Agreement") to reallocate the proportional share of debt service due from Renton, Auburn, Federal Way, Tukwila, SeaTac and Burien (the "Owner Cities") on bonds issued by the Authority and to designate Des Moines as the "host city"; and WHEREAS, the SCORE Interlocal Agreement requires that Des Moines enter into an agreement with SCORE and the Owner Cities, as necessary, pursuant to which the City will pay a host city fee for its use of the SCORE Facility; and WHEREAS, Des Moines has requested that the City enter into a separate interlocal agreement with Auburn, Federal Way, Des Moines and SCORE (the "Interlocal Agreement") which will provide, in part, that Des Moines pay a host city fee for use of the SCORE Facility as provided therein; and WHEREAS, in consideration for the payments to be made by Des Moines as provided in the Interlocal Agreement, the City now desires to increase it allocable percentage of debt 2 ORDINANCE NO. service on bonds issued by the Authority and to amend and restate the Original Interlocal Agreement as provided herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION I. Approval of Amended and Restated SCORE Interlocal Agreement. The City Council hereby approves the Amended and Restated SCORE Interlocal Agreement with Auburn, Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the "SCORE Interlocal Agreement"). The Mayor is hereby authorized and directed to execute the SCORE Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the terms therein. The SCORE Interlocal Agreement may be further amended from time to time as provided therein. SECTION II. Approval of Interlocal Agreement. The City Council hereby approves the Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, substantially in the form as attached hereto as Exhibit B and incorporated herein by this reference (the "Interlocal Agreement"), pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility. The Mayor is hereby authorized and directed to execute the Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such 3 ORDINANCE NO. additional actions as may be necessary or desirable to accomplish the terms therein. The Interlocal Agreement may be amended from time to time as provided therein. SECTION III. Amendment to Ordinance No. 5443. Section IV of Ordinance No. 5443 is hereby amended to read as follows: The City shall pay its allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to 36%, to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution"). The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be limited to its 36% allocable share of such obligations; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. 4 ORDINANCE NO. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The City's obligation to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefor. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Bonds issued by the Authority remain outstanding. SECTION IV. Confirmation of Ordinance 5443. Ordinance No. 5443 and as amended by this amendatory ordinance is hereby ratified and confirmed. SECTION V. Effective Date. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk 5 ORDINANCE NO. APPROVED BY THE MAYOR this day of 12009. — Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1583:8/11/09:scr Denis Law, Mayor 0 EXHIBIT A Form of Amended and Restated SCORE Interloca) Agreement (attached) AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF DES MOINES, CITY OF FEDERAL WAY, CITY OF RENTON, CITY OF TUKWILA, CITY OF BURIEN, AND CITY OF SEATAC, WASHINGTON Dated as of .2009 TABLE OF CONTENTS Page Section1. Definitions............................................................................................................... 2 Section 2. SCORE Facility; Authority........................................................................................ 3 Section 3. Duration of Agreement........................................................................................... 5 Section 4. Withdrawal and Termination.................................................................................. 5 Section 5. Administrative Board.............................................................................................. 6 Section 6. Operations Board.................................................................................................... 8 Section7. Facility Director....................................................................................................... 9 Section8. Personnel Policy...................................................................................................... 9 Section 9. Budget, Policies and Operations............................................................................. 9 Section 10. Contracts and Support Services............................................................................ 10 Section 11. Policy and System Evaluation............................................................................... 10 Section 12. Additional Services Authorized............................................................................. 10 Section 13. Inventory and Property......................................................................................... 10 Section14. Local Control......................................................................................................... 11 Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority............................................................................................................... 11 Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property ................................. 14 Section 17. Compliance with Continuing Disclosure Requirements ....................................... 14 Section 18. Filing of Agreement............................................................................................... 14 Section19. Severability............................................................................................................ 14 Section 20. Execution and Amendment.................................................................................. 14 Section 21. Third Party Beneficiaries....................................................................................... 15 Section22. Hold Harmless....................................................................................................... 15 Section23. Counterparts......................................................................................................... 16 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT - THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT ("Agreement") amends and restates the SCORE Interlocal Agreement, dated as of February 25, 2009 (the "Original Interlocal Agreement" and as amended and restated hereby, the "Agreement"), and is entered into this , 2009 among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities entered into a SCORE Interlocal Agreement, effective February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority"), a public development authority chartered by the City of Renton pursuant to RCW 35.21.730 through 35.21.755 and secured by the full faith and credit of the Cities of Renton, Auburn, Federal Way, SeaTac, Tukwila, and Burien (the "Owner Cities"); and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement to allocate the proportion of debt service on bonds issued by the SCORE Facility Public 1 Development Authority to each of the Owner Cities and to designate the City of Des Moines as the host city; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings: "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this Agreement. "Agreement" means this Amended and Restated SCORE Interlocal Agreement among the Member Cities, as amended from time to time. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Budget" means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any information required by policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement. "Capital Contribution" means, for each Owner City, that Owner City's Owner Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Facility Director" means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this Agreement. 2 "Host City" means the City of Des Moines, Washington. "Member Cities" mean the Owner Cities and the Host City. "Operations Board" means the board formed pursuant to Section 6 of this Agreement. "Owner Cities" mean the Cities of Auburn, Renton, Federal Way, Tukwila, Burien and SeaTac, Washington. "Owner Percentage" means the percentage assigned to each Owner City, as follows: (a) Auburn —thirty-one (31%) (b) Federal Way — eighteen (18%) (c) Renton - thirty-six (36%) (d) Tukwila — eight (8%) (e) Burien —four (4%) (f) SeaTac—three (3%) "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this Agreement. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Facility Public Development Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this Agreement. Section 2. SCORE Facility; Authority. (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall initially consist of the Member Cities. (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and to provide correctional services and functions incidental thereto, for the purpose of detaining 3 arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve the Member Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Approve the Budget, adopt financial policies and approve expenditures; 3. Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the Operations Board and the Facility Director; 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 4 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional services; 20. Employ employees as necessary to accomplish the terms of this Agreement; 21. Establish policies and procedures for adding new cities as parties to this Agreement; and 22. Engage in any and all other acts necessary to further the goals of this Agreement. Section 3. Duration of Agreement. The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section 15 of this Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one-year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 9 (b) Subject to Section 3 above, four (4) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a termination of SCORE and this Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any Owner City or the Host City fails to budget for or provide its applicable annual funding requirements for SCORE as provided in Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Owner City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the Owner Cities based on the Owner Percentages; and 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any Owner City from this Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section 4(a) or been terminated pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. An Owner City may be relieved of its obligation under this Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. Section 5. Administrative Board. N. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facilities Director; (4) cost allocations made prior to the issuance of Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. Votes regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this Agreement not directly incidental to correctional services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is 7 deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 6. Operations Board. (a) Formation. There is further established an Operations Board which shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to two (2) at -large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election of the at -large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at -large member elections. The at -large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings of the Operations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a presiding officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the presiding officer or a majority of its members. Special meetings may be called by the presiding officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the members of the Operations Board. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. A majority of the members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such. means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 7. Facility Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and other appropriate means in order to fully implement the purposes of this Agreement. The Facility Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 8. Personnel Policy. (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 9. Budget, Policies and. Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year, which Budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed Budget, and of the required financial participation for the ensuing year. (b) The Administrative Board shall develop financial policies for SCORE as part of the budgetary process. Such policies may include, but are not limited to, (1) items to be provided for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the 4 event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a new party to this Agreement. (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Facility Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12. Additional Services Authorized. The. Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 13. Inventory and Property. (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. 10 (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed in accordance with Section 4(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority. (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility. These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has chartered the SCORE Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility. The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority. IN (d) SCORE Facility Financin6. (1) Capital Contributions. Each Owner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereof by any other Owner City. No Owner City shall be obligated to pay the Capital Contribution of any other Owner City, and each Owner City shall be obligated to budget for and pay its Capital Contribution. The obligation of each Owner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Owner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Owner City on all of the taxable property within the Owner City and other sources of revenues available therefor. Each Owner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). Each Owner City's obligation to pay the Capital Contribution shall not be contingent on the receipt of any revenues from other sources, including but not limited to Subscribing Agencies or the Host City. An Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more Owner Cities shall not affect the Capital Contribution of the remaining Owner Cities. Any Owner City that elects to prepay its Capital Contribution shall be responsible for paying all costs associated with such prepayment. (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board pursuant to Section 9(b) of this Agreement, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the Member City's 2007 average daily population in all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Owner City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Owner City's average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Owner Cities in all 12 correctional facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each Owner City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Owner City's average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. (e) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided for in Section 15(d) above. Revenues received in a calendar year from Subscribing Agencies, the Host City or from sources other than the contributions described in Section 15(d) above shall be allocated among the Member Cities as provided in the financial policies approved by the Administrative Board. (f) Host City. Pursuant to RCW 35.21.740, the City of Des Moines, as the Host City, hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this Agreement. The Host City shall enter into a written agreement with SCORE and any of the Owner Cities, as applicable, to establish a host city fee to be paid in exchange for its use of the SCORE Facility. (g) Tax -Exemption. The Member Cities shall not (1) make any use of the proceeds from the sale of Bonds or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. (h) Additional Financing. Notwithstanding anything to the contrary in this Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (i) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the 13 SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. Any costs of the SCORE Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116th Avenue NE, Bellevue, Washington and 1412 116th Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 17. Compliance with Continuing Disclosure Requirements To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter or remarketing agent for Bonds, each Owner City will enter into an undertaking in a form acceptable at the time to the participating underwriter or remarketing agent, as the case . may be. Section 18. Filing of Agreement Upon execution, this Agreement shall be filed as required in RCW 39.34.040. Section 19. Severability If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 20. Execution and Amendment This Agreement shall be executed on behalf of each Member City by its Designated Representative and pursuant to an appropriate motion, resolution or ordinance of each 14 Member City. This Agreement shall be deemed adopted upon the date of execution by the last so Designated Representative. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative of each Member City and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as such amendment does not materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority are rated by a rating agency, then no amendment that adds or removes an Owner City from this Agreement or revises Section 15 of this Agreement shall be permitted unless the SCORE Facility Public Development Authority has received written confirmation from the rating agency that such amendment will not result in a reduction or withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no such amendment as described in the preceding sentence will be permitted unless in the opinion of the SCORE Facility Public Development Authority such amendment will not materially adversely affect the owners of the Bonds. Section 21. Third Party Beneficiaries The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for their further benefit. Section 22. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. 15 Section 23. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF DES MOINES IN CITY OF FEDERAL WAY 93 CITY OF SEATAC 0 CITY OF RENTON CITY OF TUKWILA CITY OF BURIEN 16 EXHIBIT B Form of Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity (attached) INTERLOCAL AGREEMENT AMONG THE CITIES OF RENTON, FEDERAL WAY, AUBURN, AND DES MOINES, WASHINGTON AND THE SOUTH CORRECTIONAL ENTITY THIS INTERLOCAL AGREEMENT ("Agreement") among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, all of which are municipal corporations under the laws and statutes of the State of Washington, and the South Correctional Entity, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE," and together with Renton, Federal Way, Auburn and Des Moines, the "Parties"), is entered into this . 2009: RECITALS: WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Renton, Federal Way, Des Moines, Burien, SeaTac and Tukwila, Washington (the "Member Cities") entered into a SCORE Interlocal Agreement, dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, under the Original Interlocal Agreement, bonds issued by the Authority are secured by the full faith and credit of each Member City in the percentages set forth therein; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE 1 Interlocal Agreement") to reallocate the proportion of debt service on bonds issued by the Authority among Auburn, Renton, Federal Way, Burien, SeaTac, and Tukwila (the "Owner Cities") and to designate Des Moines as the host city; and WHEREAS, as the host city, Des Moines will have all of the same powers and privileges under the SCORE Interlocal Agreement as the other Member Cities, including voting authority and obligations with respect to paying costs of maintenance and operation of the SCORE Facility, but is not obligated to make capital contributions toward the payment of debt service on bonds issued by the Authority; and WHEREAS, the SCORE Interlocal Agreement requires Des Moines to enter into a written agreement with SCORE and the Owner Cities, as necessary, pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility; and WHEREAS, the purpose of this agreement is to set forth the host city fee to be paid by Des Moines and provisions related thereto; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings. Capitalized terms used in this Agreement not otherwise defined herein shall have the meanings given such terms in the SCORE Interlocal Agreement. "Administrative Board" means the governing board of SCORE created pursuant to the SCORE Interlocal Agreement. "Agreement" means this Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, as amended from time to time. "Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Capital Contribution" shall have the meaning set forth in the SCORE Interlocal Agreement. 2 "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Host City Fee" means the fee to be paid by Des Moines for use of the SCORE Facility as set forth in Section 2 of this Agreement. "Member Cities" mean the Owner Cities and Des Moines. "Owner Cities" mean the Cities of Auburn, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Interlocal Agreement" means the Amended and Restated SCORE Interlocal Agreement among the Member Cities, as may be further amended from time to time "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of the SCORE Interlocal Agreement. Section 2. Host City Fee. The Administrative Board of SCORE shall determine a Host City Fee to be paid by Des Moines for use of the SCORE Facility under the terms of this Agreement and the SCORE Interlocal Agreement. The Host City Fee shall be an amount equal to 5% of the principal of and interest due on Bonds issued by the Authority. Payment of the Host City Fee as provided herein shall be in addition to the obligation of Des Moines to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility as provided in Section 15(d) of the SCORE Interlocal Agreement. Section 3. Timing and Method of Payments; Accounting and Allocation of Revenue. (a) Timing of Payments. SCORE shall bill Des Moines its Host City Fee on a semiannual basis, or more frequently as determined by the Administrative Board. Payments shall be made by Des Moines in immediately available funds on the date when due. 3 (b) Method of Payments. Payments shall be made by Des Moines as follows: 2/5 of the Host City Fee shall be payable directly to Renton; 2/5 of the Host City Fee shall be payable directly to Auburn, and 1/5 of the Host City Fee shall be payable directly to Federal Way. Des Moines may, in its discretion, make payments due under this Agreement directly to SCORE. The obligation of Des Moines to pay the Host City Fee hereunder shall be deemed satisfied and discharged at such time and to the extent that any such payments are received by SCORE. (c) Accounting. SCORE shall account for any amounts paid by Des Moines under this Agreement separately in accordance with financial policies approved by the Administrative Board. Renton, Auburn, and Federal Way shall each have a 2/5, 2/5, and 1/5 interest, respectively, in any amounts received by SCORE under the terms of this Agreement, and such payments shall be credited against amounts owed by Renton, Auburn and Federal Way under the SCORE Interlocal Agreement. The Administrative Board shall include in its financial policies an allocation of revenues received in a calendar year from Subscribing Agencies, Des Moines or from sources other than the contributions described in Section 15(d) of the SCORE Interlocal Agreement in a manner that is consistent with the terms of this Agreement and the SCORE Interlocal Agreement. Notwithstanding the foregoing, nothing in this Agreement shall relieve Renton, Auburn or Federal Way from paying its Capital Contribution at the times and in the amounts required by the SCORE Interlocal Agreement. Section 4. Nature of the Obligation. The obligation of Des Moines to pay the Host City Fee in the amounts, at the times and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. Des Moines hereby agrees to pay the required Host City Fee hereunder regardless of whether the SCORE Facility is operating at any particular time. The obligation of Des Moines to pay the Host City Fee shall be an irrevocable full faith and credit obligation of Des Moines, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of Des Moines on all of the taxable property within Des Moines and other sources of revenues available therefor. Des Moines hereby agrees to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal amount of the Host City Fee so long as Bonds remain outstanding for the duration of this Agreement. Des Moines may prepay the Host City Fee in the same manner permitted to Owner Cities under the terms of the SCORE Interlocal Agreement. Any such prepayment shall be allocated among Renton, Auburn, and Federal Way as provided in Section 3(c) hereof. Section 5. Term of Agreement; Termination. (a) The term of this Agreement shall commence on the effective date of this Agreement and, unless otherwise terminated or amended as set forth herein, shall automatically terminate upon the earlier of (i) expiration or termination of the SCORE Interlocal Agreement, or (b) the date when Bonds issued by the Authority are no longer outstanding. 4 (b) Any Party to this Agreement may withdraw its membership and terminate its participation in this Agreement by providing days written notice to the other Parties hereto. Notwithstanding the foregoing, Des Moines may not withdraw its membership and terminate its participation in this Agreement for so long as Bonds issued by the Authority are outstanding unless the other Parties hereto have consented in writing to such withdrawal and termination. (c) Real and personal property acquired during the life of the SCORE Interlocal Agreement shall be held in the name of SCORE and shall be disposed of as provided in Section 4 thereof. In consideration of the obligation of Des Moines to make payments as provided in Section 2 of this Agreement, Renton, Auburn, and Federal Way each hereby agree to allocate 2%, 2%, and 1% respectively, of their equity in real and personal property held by SCORE and financed with proceeds of the Bonds to Des Moines upon termination of this Agreement. (d) (Remedies to be discussed] Upon the occurrence of a default by Des Moines in its obligations hereunder, the other Parties hereto may proceed to protect and enforce their right in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as such Parties may deem most effectual to protect and enforce any of its rights or interests hereunder. Notwithstanding anything to the contrary in this Agreement, in the event that Des Moines fails to budget for or pay the Host City Fee when due, the remaining Parties hereto may immediately declare this Agreement to be terminated, and may withdraw SCORE's correctional services from Des Moines, or alternatively, enter into a Subscribing Agency agreement with Des Moines under terms and conditions as the remaining Member Cities deem appropriate. Upon such event, Des Moines will have forfeited any and all rights it may have to real or personal property, or any other equity interest in SCORE, unless otherwise provided by the Administrative Board. Section 7. Miscellaneous. (a) Governing Low; Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Agreement shall be brought in the Superior Court of the State of Washington in and for King County. 5 To the extent permitted by applicable law, each of the parties waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort, or otherwise between the parties arising out of, connected with, related to, or incidental to the relationship between any of them in connection with this Agreement or the transactions contemplated hereby. Instead, any such dispute resolved in court will be resolved in a bench trial without a jury. (b) Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be made via electronic means or in writing and, if in writing, shall be sufficiently given if addressed and mailed by first-class, certified or registered mail, postage prepaid and return receipt requested, as follows: To Renton: City of Renton Attention: Finance and Information Services Department Administrator 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-6858 email: iwang@rentonwa.gov To Auburn: City of Auburn Attention: 25 West Main St. Auburn, Washington 98001 Phone: (253) 931-3000 Email: To Federal Way: Federal Way Attention: 33325 8th Avenue South Federal Way, Washington 98063 Phone: (253) 835-7000 Email: 0 To Des Moines: Des Moines Attention: 21630 11th Avenue South Des Moines, Washington 98198 Phone: (206) 878-4595 Email: To SCORE: South Correctional Entity Attention: Facility Director 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-7565 email: pbartley@rentonwa.gov Any Party hereto may, by notice given as required herein, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Notices shall be deemed served upon deposit of such notices in the United States mail in the manner provided above. (c) Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their successors. This Agreement may not be assigned. (d) Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (e) Amendments. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by each Party hereto and pursuant to an appropriate motion, resolution or ordinance of each Party hereto. (f) Waiver of Breach. No waiver of any breach of any covenant or agreement contained herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and in case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and remedies provided for herein or otherwise with respect to any such default or defaults that were in existence at the time such payment or payments or performance were accepted by it. 11 (g) No Rights Created in Third Parties. The terms of this Agreement are not intended to establish nor to create any rights in any persons or entities other than the Parties hereto and the respective successors and assigns of each. (h) Time of Essence. Time and all terms and conditions shall be of the essence of this Agreement. (i) Filing of Agreement. Upon execution, this Agreement shall be filed as required in RCW 39.34.040. (j) Counterparts. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, Renton, Auburn, Federal Way, Des Moines and SCORE have caused this Agreement to be executed in their respective names by their duly authorized officers, and have caused this Agreement to be dated and effective as of the date set forth on the first page hereof. CITY OF RENTON, WASHINGTON MR Denis Law, Mayor CITY OF FEDERAL WAY, WASHINGTON in Jack Dovey, Mayor SOUTH CORRECTIONAL ENTITY By: Jack Dovey, Presiding Officer Mayor, City of Federal Way, Washington CITY OF AUBURN, WASHINGTON M Pete Lewis, Mayor CITY OF DES MOINES, WASHINGTON M Bob Sheckler, Mayor 9 �e V1scd Exht bd -k 501?E HOST CITY AGREEMENT &n S js�6��d ead/4y g_ /7 aoa9 THIS HOST CITY AGREEMENT ("Host City Agreement") among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, all of which are municipal corporations under the laws and statutes of the State of Washington, and the South Correctional Entity, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE," and together with Renton, Federal Way, Auburn and Des Moines, the "Parties"), is entered into this , 2009: RECITALS: WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Renton, Federal Way, Des Moines, Burien, SeaTac and Tukwila, Washington (the "Member Cities") entered into a SCORE Interlocal Agreement, dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, under the Original Interlocal Agreement, bonds issued by the Authority are secured by the full faith and credit of each Member City in the percentages set forth therein; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Formation Interlocal Agreement") to reallocate the proportion of debt service on bonds issued by the Authority among Auburn, Renton, Federal Way, Burien, SeaTac, and Tukwila (the "Owner Cities") and to designate Des Moines as the host city; and 01 WHEREAS, as the host city, Des Moines will have all of the same powers and privileges under the SCORE Formation Interlocal Agreement as the other Member Cities, including voting authority and obligations with respect to paying costs of maintenance and operation of the SCORE Facility, but is not obligated to make capital contributions toward the payment of debt service on bonds issued by the Authority; and WHEREAS, the SCORE Formation Interlocal Agreement requires Des Moines to enter into a written agreement with SCORE and the Owner Cities, as necessary, pursuant to which Des Moines will pay a host city fee for the availability of the SCORE Facility; and WHEREAS, the purpose of this agreement is to set forth the host city fee to be paid by Des Moines and provisions related thereto; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Host City Agreement shall have the following meanings. Capitalized terms used in this Host City Agreement not otherwise defined herein shall have the meanings given such terms in the SCORE Formation Interlocal Agreement. "Administrative Board" means the governing board of SCORE created pursuant to the SCORE Formation Interlocal Agreement. "Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Capital Contribution" shall have the meaning set forth in the SCORE Formation Interlocal Agreement. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. 2 "Host City Agreement" means this Host City Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and SCORE, as amended from time to time. "Host City Fee" means the fee to be paid by Des Moines as set forth in Section 2 of this Host City Agreement. "Member Cities" mean the Owner Cities and Des Moines. "Owner Cities" mean the Cities of Auburn, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Formation Interlocal Agreement" means the Amended and Restated SCORE Interlocal Agreement among the Member Cities, as may be further amended from time to time "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of the SCORE Formation Interlocal Agreement. Section 2. Host City Fee. A Host City Fee shall be paid by Des Moines for the availability of the SCORE Facility under the terms of this Host City Agreement and the SCORE Formation Interlocal Agreement. The Host City Fee shall be an amount equal to 5% of the principal of and interest due on Bonds issued by the Authority. In consideration of the payment of the Host City Fee, Des Moines shall not be obligated to make a Capital Contribution under Section 15(d)(1) of the SCORE Formation Interlocal Agreement. Payment of the Host City Fee as provided herein shall be in addition to and not in lieu of the obligation of Des Moines to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility as provided in Section 15(d)(2) of the SCORE Formation Interlocal Agreement. Section 3. Method and Timing of Payments; Accounting and Allocation of Revenue. (a) Method of Payments. SCORE shall bill Des Moines its Host City Fee on a semiannual basis, or more frequently as determined by the Administrative Board. Payments shall be made by Des Moines in immediately available funds on the date when due. (b) Timing of Payments. Host City Fee payments shall be made by Des Moines to SCORE no later than the date which the Owner Cities are obligated to make Capital '3 Contributions to pay debt service on Bonds issued by the Authority, as further provided in financial policies approved by the Administrative Board. (c) Accounting. SCORE shall account for and hold separately any payments received from Des Moines under this Host City Agreement from other amounts received by SCORE under the SCORE Formation Interlocal Agreement. Renton, Auburn, and Federal Way shall each have a 2/5, 2/5, and 1/5 interest, respectively, in any payments received by SCORE under the terms of this Host City Agreement, and such payments shall be credited against amounts owed by Renton, Auburn and Federal Way . under the SCORE Formation Interlocal Agreement. Notwithstanding the foregoing, nothing in this Host City Agreement shall relieve Renton, Auburn or Federal Way from paying its Capital Contribution at the times and in the amounts required by Section 15(d)(1) of the SCORE Formation Interlocal Agreement. Section 4. Nature of the Obligation. The obligation of Des Moines to pay the Host City Fee in the amounts, at the times and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. Des Moines hereby agrees to pay the Host City Fee at the times and in the amounts required hereunder regardless of whether the SCORE Facility is operating at any particular time. The obligation of Des Moines to pay the Host City Fee shall be an irrevocable full faith and credit obligation of Des Moines, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of Des Moines on all of the taxable property within Des Moines and other sources of revenues available therefor. Des Moines hereby agrees to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal amount of the Host City Fee so long as Bonds remain outstanding for the duration of this Host City Agreement. Des Moines may prepay the Host City Fee in the same manner permitted to Owner Cities under the terms of the SCORE Formation Interlocal Agreement. Any such prepayment shall be allocated among Renton, Auburn, and Federal Way as provided in Section 3(c) hereof. Section 5. Term of Host City Agreement; Termination. (a) The term of this Host City Agreement shall commence on the effective date of this Host City Agreement and, unless otherwise terminated or amended as set forth herein, shall automatically terminate upon the earlier of (i) expiration or termination of the SCORE Formation Interlocal Agreement, or (b) the date when Bonds issued by the Authority are no longer outstanding. (b) Any Party to this Host City Agreement may withdraw its membership and terminate its participation in this Host City Agreement by providing written notice to the other Parties hereto. Notwithstanding the foregoing, Des Moines may not withdraw its membership and terminate its participation in this Host City Agreement for so long as Bonds issued by the Authority are outstanding unless the other Parties hereto have consented in writing to such withdrawal and termination. 4 (c) Real and personal property acquired during the life of the SCORE Formation Interlocal Agreement shall be held in the name of SCORE and shall be disposed of as provided in Section 4 thereof. In consideration of the payments made by Des Moines as provided in Section 2 of this Host City Agreement, Renton, Auburn, and Federal Way each hereby agree to allocate 2%, 2%, and 1%, respectively, of the total equity in real and personal property held by SCORE and financed with proceeds of the Bonds to Des Moines upon termination of this Host City Agreement. (d) Upon the occurrence of a default by Des Moines in its obligations hereunder, the other Parties hereto may proceed to protect and enforce their right in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as such Parties may deem most effectual to protect and enforce any of its rights or interests hereunder. Notwithstanding anything to the contrary in this Host City Agreement, in the event that Des Moines fails to budget for or pay the Host City Fee when due, the remaining Parties hereto may immediately declare this Host City Agreement to be terminated, and may withdraw SCORE's correctional services from Des Moines, or alternatively, enter into a Subscribing Agency agreement with Des Moines under terms and conditions as the remaining Member Cities deem ,appropriate; provided, however, neither the termination or withdrawal of services from Des Moines shall relieve the obligation of Des Moines to pay the Host City Fee. Upon such event, Des Moines will have forfeited its right to receive an allocation of the equity in real and personal property held by SCORE and financed with proceeds of the Bonds as provided in Section 5(c) of this Host City Agreement, and Renton, Auburn and Federal Way shall be entitled to their respective full allocation of equity as provided in Section 4 of the SCORE Formation Interlocal Agreement. Section 6. Miscellaneous. (a) Governing Low, Venue. This Host City Agreement is governed by and shall be construed in accordance with the laws of the State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Host City Agreement shall be brought in the Superior Court of the State of Washington in and for King County. To the extent permitted by applicable law, each of the parties waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort, or otherwise between the parties arising out of, connected with, related to, or incidental to the relationship between any of them in connection with this Host City Agreement or the transactions contemplated hereby. Instead, any such dispute resolved in court will be resolved in a bench trial without a jury. 5 (b) Attorneys' Fees and Expenses. If a default arises under any of the provisions of this Host City Agreement and any Party hereto should employ attorneys (including in-house counsel) or incur other expenses for the collection of amounts due under this Host City Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the other party contained in this Host City Agreement, on demand therefore, the non -prevailing Party shall pay or reimburse the prevailing Party for the reasonable fees of such attorneys and such other expenses so incurred. (c) Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be made via electronic means or in writing and, if in writing, shall be sufficiently given if addressed and mailed by first-class, certified or registered mail, postage prepaid and return receipt requested, as follows: To Renton: City of Renton Attention: Finance and Information Services Department Administrator 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-6858 To Auburn: City of Auburn Attention: Finance Director 25 West Main St. Auburn, Washington 98001 Phone: (253) 931-3000 To Federal Way: Federal Way Attention: City Manager 33325 8t" Avenue South Federal Way, Washington 98063 Phone: (253) 835-7000 1.1 To Des Moines: Des Moines Attention: City Manager 21630 11th Avenue South Des Moines, Washington 98198 Phone: (206) 878-4595 To SCORE: South Correctional Entity Attention: Facility Director 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-7565 Any Party hereto may, by notice given as required herein, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Notices shall be deemed served upon deposit of such notices in the United States mail in the manner provided above. (d) Binding Effect. This Host City Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their successors. This Host City Agreement may not be assigned. (e) Severability. In the event any provision of this Host City Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (f) Amendments. This Host City Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by an authorized officer of each Party hereto and pursuant to an appropriate motion, resolution or ordinance of each Party hereto. (g) Waiver of Breach. No waiver of any breach of any covenant or agreement contained herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and in case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and remedies provided for herein or otherwise with respect to any such default or defaults that were in existence at the time such payment or payments or performance were accepted by it. 7 (h) No Rights Created in Third Parties. The terms of this Host City Agreement are not intended to establish nor to create any rights in any persons or entities other than the Parties hereto and the respective successors and assigns of each. (i) Time of Essence. Time and all terms and conditions shall be of the essence of this Host City Agreement. (j) Filing of Host City Agreement. Upon execution, this Host City Agreement shall be filed as required in RCW 39.34.040. (k) Counterparts. This Host City Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, Renton, Auburn, Federal Way, Des Moines and SCORE have caused this Host City Agreement to be executed in their respective names by their duly authorized officers, and have caused this Host City Agreement to be dated and effective as of the date set forth on the first page hereof. CITY OF RENTON, WASHINGTON CITY OF AUBURN, WASHINGTON Denis Law, Mayor CITY OF FEDERAL WAY, WASHINGTON Brian Wilson, City Manager SOUTH CORRECTIONAL ENTITY By: Jack Dovey, Presiding Officer Mayor, City of Federal Way, Washington 2-2 Pete Lewis, Mayor CITY OF DES MOINES, WASHINGTON By: Bob Sheckler, Mayor 9