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Home My WebLink AboutCouncil 03/01/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING March 1, 2004 Monday, 7:30 p.m. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PUBLIC HEARING: Proposed annexation and R-1 prezoning for the Bales Annexation site consisting of 8.52 acres bounded by SE 128th St., SE 130th St., 156th Ave. SE, and 152nd Ave. SE 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of February 23, 2004. Council concur. b. Mayor Keolker-Wheeler appoints the following individuals to the Airport Advisory Committee to fill vacant unexpired three-year terms: West Hill neighborhood primary representative Roger Lewis, 415 Seneca Ave. NW, Renton, 98055 (term expires 5/7/2006); Talbot Hill neighborhood primary representative Jennifer Ann Rutkowski, 515 S. 47th St., Renton, 98055 (term to expire 5/7/2005); Talbot Hill neighborhood alternate representative Beverly Freer, 1300 S. Puget Dr., #231, Renton, 98055 (term to expire 5/7/2005); Kennydale neighborhood primary representative Colleen Ann Deal, 1415 N. 32nd St., Renton, 98056 (term to expire 5/7/2006); and Aircraft Owner's and Pilot's Association primary representative Jeffrey Davis, 10012 64th Ave. S., Seattle, 98178 (term to expire 5/7/2006). Refer to Community Services Committee. c. Court Case filed on behalf of plaintiff John Tost by Thomas J. Klusmeyer, PO Box 513, Puyallup, 98371, alleging negligence in connection with a motor vehicle collision (at Gene Coulon Memorial Beach Park) involving the plaintiff and a City employee on August 4, 2002. Refer to City Attorney and Insurance Services. d. Economic Development, Neighborhoods and Strategic Planning Department recommends the appointment of Denis Law, Renton Councilmember, to the Renton Lodging Tax Advisory Committee, and the reaffirmation of the continuing members as follows: Terry Godat, Econo Lodge General Manager; Rick Meining, Silver Cloud Inn General Manager; Julie Brewer, City of Renton Community Relations Manager; and Suzette Cooke, President of the Greater Renton Chamber of Commerce. Council concur. e. Economic Development, Neighborhoods and Strategic Planning Department recommends updating the Renton Lodging Tax Advisory Committee Resolution No. 3288 to accurately reflect the membership of the Committee, which consists of the Renton Chamber of Commerce President, two representatives from the lodging industry, the City of Renton Community Relations Manager, and an elected official from the Renton City Council. Council concur. (See 9. for resolution.) (CONTINUED ON REVERSE SIDE) f. Transportation Systems Division submits CAG-03-113, Logan Ave. Bridge Seismic Retrofit; and requests approval of the project, authorization for final pay estimate in the amount of $17,854.08, commencement of 60-day lien period, and release of retained amount of $5,014.90 to Advanced Construction, Inc., contractor, if all required releases are obtained. Council concur. g. Transportation Systems Division recommends approval of an operating permit and agreement with Aero-Tech Avionics, Inc. for an avionic maintenance and sales shop at the Airport. Refer to Transportation (Aviation) Committee. 7. CORRESPONDENCE a. Letter from Carole D. and Ronald C. Goss, 2720 SE 16th St., Renton, 98058, requesting a revision to the noise ordinance to exempt sounds created by portable generators when electrical service is not available. b. E-mail from David and Diane Jackson, 2419 Talbot Crest Dr. S., Renton, 98055, regarding the lack of police officers assigned to enforce street racing laws in the South Renton area. 8. OLD BUSINESS 9. ORDINANCES AND RESOLUTIONS Resolution: Renton Lodging Tax Advisory Committee membership update (see 6.e.) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Pavilion Building, 233 Burnett Ave. S. 6:30 p.m. Tour of Pavilion Building • 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 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting March 1, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; RUSSELL WILSON, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; COMMANDER TIM TROXEL, Police Department. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Bales, SE 128th accordance with local and State laws, Mayor Keolker-Wheeler opened the St & SE 130th St public hearing to consider the proposed annexation and R-1 (one dwelling unit per net acre) prezoning of 8.52 acres generally bounded by SE 128th St. to the north, SE 130th St., if extended, to the south, 155th Ave. SE, if extended, to the east, and the middle of 152nd Ave. SE, to the west (Bales Annexation). Senior Planner Don Erickson noted that this is the second of two public hearings, and explained that the subject site contains four single-family dwellings and an abandoned heavy equipment maintenance facility. The topography of the site is essentially flat with a modest slope to the southwest. Reviewing the public services, Mr. Erickson stated that the area is served by Fire District #25, Issaquah School District, Water District #90, and Renton sewer. He pointed out that 14 acres of King County designated parklands abut the site. Mr. Erickson explained that existing King County zoning is R-4 (four dwelling units per gross acre). R-1 zoning is recommended for this Residential Low Density land use designated site, as R-5 (five dwelling units per net acre) zoning was defeated by voters at the September 16, 2003, Special Election, and R-4 (four dwelling units per acre) zoning regulations are currently being developed. Continuing, Mr. Erickson reviewed the fiscal impact analysis, assuming a new home value of $300,000 and an increase to eight single-family homes at full development. The City will realize a deficit of $1,083 at current development, and a deficit of $462 at full development. He also noted the estimated one-time parks development expense of $20,245. In conclusion, Mr. Erickson stated that R-1 zoning is consistent with the Residential Low Density land use designation, and would allow the site to come into the City. He reported that property owners within the proposed annexation area are apt to apply for R-5 zoning upon annexation. Public comment was invited. There being none, it was MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. March 1, 2004 Renton City Council Minutes Page 62 MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ACCEPT THE R-1 PREZONE FOR THE 8.52-ACRE BALES SITE, ACCEPT THE BALES ANNEXATION INTO THE CITY OF RENTON, AND HOLD THE FIRST READING OF BOTH ORDINANCES ON MARCH 8, 2004. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: • The Renton City Concert Band will play at the Renton IKEA Performing Arts Center on Thursday, March 11. • Patrons of Renton's libraries can now access the Auto Repair Reference Center database, an online car repair resource. This resource is available at the libraries or can be accessed by visiting the library's web page at www.ci.renton.wa.us. The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has approved the City of Renton Hazard Mitigation Plan. The City is eligible to apply for disaster assistance through January 23, 2009. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of February 23, 2004. Council concur. February 23, 2004 Appointment: Airport Mayor Keolker-Wheeler appointed the following individuals to the Airport Advisory Committee Advisory Committee to fill vacant unexpired three-year terms: West Hill neighborhood primary representative Roger Lewis, 415 Seneca Ave. NW, Renton, 98055 (term expires 5/7/2006); Talbot Hill neighborhood primary representative Jennifer Ann Rutkowski, 515 S. 47th St., Renton, 98055 (term to expire 5/7/2005); Talbot Hill neighborhood alternate representative Beverly Freer, 1300 S. Puget Dr., #231, Renton, 98055 (term to expire 5/7/2005); Kennydale neighborhood primary representative Colleen Ann Deal, 1415 N. 32nd St., Renton, 98056 (term to expire 5/7/2006); and Aircraft Owner's and Pilot's Association primary representative Jeffrey Davis, 10012 64th Ave. S., Seattle, 98178 (term to expire 5/7/2006). Refer to Community Services Committee. Court Case: John Tost, CRT- Court Case filed on behalf of plaintiff John Tost by Thomas J. Klusmeyer, 04-001 Jacobs & Jacobs, PO Box 513, Puyallup, 98371, alleging negligence in connection with a motor vehicle collision (at Gene Coulon Memorial Beach Park) involving the plaintiff and a City employee on August 4, 2002. Refer to City Attorney and Insurance Services. EDNSP: Renton Lodging Tax Economic Development, Neighborhoods and Strategic Planning Department Advisory Committee recommended the appointment of Denis Law, Renton Councilmember, to the Membership Renton Lodging Tax Advisory Committee, and the reaffirmation of the continuing membership as follows: Terry Godat, Econo Lodge General Manager; Rick Meinig, Silver Cloud Inn General Manager; Julie Brewer, City of Renton Community Relations Manager; and Suzette Cooke, President of the Greater Renton Chamber of Commerce. Council concur. March 1, 2004 Renton City Council Minutes Page 63 EDNSP: Renton Lodging Tax Economic Development, Neighborhoods and Strategic Planning Department Advisory Committee recommended updating the Renton Lodging Tax Advisory Committee, Membership Update established in Resolution No. 3288, to accurately reflect the membership of the Committee (by position, rather than by name), which consists of the Greater Renton Chamber of Commerce President, two representatives from the Renton lodging industry, the City of Renton Community Relations Manager, and an elected official from the Renton City Council. Council concur. (See later this page for resolution.) CAG: 03-113, Logan Ave Transportation Systems Division submitted CAG-03-113, Logan Ave. Bridge Bridge Seismic Retrofit, Seismic Retrofit; and requested approval of the project, authorization for final Advanced Construction pay estimate in the amount of $17,854.08, commencement of 60-day lien period, and release of retained amount of $5,014.90 to Advanced Construction, Inc., contractor, if all required releases are obtained. Council concur. Airport: Aero-Tech Avionics Transportation Systems Division recommended approval of an operating permit Operating Permit & and agreement with Aero-Tech Avionics, Inc. for an avionic maintenance and Agreement sales shop at the Airport. Refer to Transportation (Aviation) Committee. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Carole D. and Ronald C. Goss, 2720 SE 16th Citizen Comment: Goss - St., Renton, 98058, requesting a revision to the noise ordinance to exempt Noise Ordinance Revision, sounds created by portable generators when electrical service is not available. Portable Generators MOVED BY LAW, SECONDED BY BRIERE, COUNCIL REFER THIS CORRESPONDENCE TO THE PUBLIC SAFETY COMMITTEE AND TO THE ADMINISTRATION. CARRIED. Citizen Comment: Jackson - Correspondence was read from David and Diane Jackson, 2419 Talbot Crest Street Racing Dr. S., Renton, 98055, regarding the lack of police officers assigned to enforce street racing laws in the South Renton area. Mayor Keolker-Wheeler reported that the Administration already responded to this correspondence. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL REFER THIS CORRESPONDENCE TO THE PUBLIC SAFETY COMMITTEE. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3686 A resolution was read updating the membership of the City of Renton Lodging EDNSP: Renton Lodging Tax Tax Advisory Committee. MOVED BY CLAWSON, SECONDED BY Advisory Committee BRIERS, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Membership Update NEW BUSINESS Councilwoman Nelson highlighted Renton School District activities and School District: Activities honors, which included: Nelsen Middle School's math competition victory; Cascade Elementary School's food drive; recognition of teachers and student athletes; grants awarded to Highlands and Benson Hill Elementary Schools; and Renton High School's boys basketball team advancement to the state tournament. March 1, 2004 Renton City Council Minutes Page 64 ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 7:56 p.m. BONNIE I. WALTON. City Clerk Recorder: Michele Neumann March 1, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 1, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL RETREAT COMMITTEE OF THE WHOLE (Persson) COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TUES., 3/02 & Responses to January 13 & 14 Council WED., 3/03 Retreat; 8:00 am-5:00 pm Collectively Identify Emerging Issues *Renton That Could Impact Renton; Technical Develop Work Program Priorities for College - 2005 and Beyond (Business Plan); Technology Review Mayor's Fund Balance Resource Center Recommendations; Room 111C* Other Emerging Issues MON., 3/08 Emerging Issues; 6:00 p.m. King County Mitigation Funds *Council Conference Room* MON., 3/08 Municipal Arts Commission Appointment 5:00 p.m. (Middlebrooks); Airport Advisory Committee Appointments MON., 3/08 Vouchers 5:30 p.m. THURS., 3/04 Harrington Square Appeal 2:00 p.m. *Council Chambers* 3:00 p.m. Auto Mall Area Sign Code Amendment *Council Conference Room* TRANSPORTATION (AVIATION) THURS., 3/04 Trans -Valley Corridor Study Interlocal (Palmer) 4:00 p.m. Agreement; Aero-Tech Avionics Operating Permit and Agreement UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. Y v " ♦ � ate — BALES ANNEXATION PUBLIC HEARING TO CONSIDER R-1 PREZONING March 1, 2004 The subject site is within the City's Potential Annexation Area and is designated as Residential Low Density on the City's Comprehensive Plan Land Use Map. Because the site currently has King County R-4 zoning, it was the City's intent to prezone it R-5, 5 units per net acre. Such zoning would have been applied at the time the site was annexed into the City. A special election was held on September 16, 2003 for residents to approve or reject the annexation, its proposed R-5 prezoning, and whether to assume a proportionate share of the City's outstanding indebtedness. Although residents approved of the annexation and agreed to assume their fair share of the City's outstanding indebtedness, they failed to approve the proposed R-5 prezoning. As a consequence, the City must now consider another zone allowed under the Residential Low Density land use designation for prezoning, since this is required before this annexation can be brought into the City. The RLD land use designation allows four zones: RC — Residential Conservation allowing one unit per ten acres; R-1 allowing one detached unit per net acre; R-4 allowing four units per net acre; and, R-5 allowing five detached units per net acre. Staff is recommending R-1 prezoning since those voting have already ruled out the R-5 zone and the R-4 regulations are currently under development. The site would accommodate approximately 8 single-family dwelling units under this zoning. Tonight's public hearing will be the second of two required hearings on the proposed R-1 prezoning. A map showing the location of the 8.52-acre annexation site is attached to the backside of this handout. It is assumed that once the site is officially within the City the residents within the annexation will file for reclassification to the R-5 zone. Council Hearing Handout 03-01-04.doc\ y. 1 F sT.I r �; «. z ¢ v v U�IIT7IfuLit bJl w r J C j _ _ ? L •� L v i C J 9 C - O LL: A N rrCL f OWE � z � � � aoo ti J CD S' CD "{ G: c cz1 � 0 t w { m k mLr, I ,y•(IQ rC x v n I :�Z k _S-N � �n � � ✓�i r6 Sl' 14 - y CL J ! G c �, rrc - A J yam« Cn f Jl ✓ r W" - 3- 72 \/- \) 2 ' E ILI 2 \ ` In order to bring the Bales Annexation into the C'tv_ the Administration recommends that C-ouncll: accetit�the R=1 rezone for the 8.52 acre into the City of ordinances on PRELIMINARY ESTIMATE ANNEXATION COMPARISON and REVENUES EAST PLATEAU FAIRWOOD WEST HILL Estimated Total Revenues $2,330,676 $ 12,653,114.00 $3,697,500 Estimated M& O Costs Renton $4,127,616 $23,724,364 $8,894,185 Seattle (1) $0 $0 $9,722,028 King County (2) $0 $7,833,000 $5,251,000 TOTALS $6,458,2921 $44,210,478 $27,564,713 Numbers are not directly comparable to City of Renton estimates. Provided as scale of magnitude estimates only. PAA-Cost-final2 table.xlsComp to Other Jurisd. 3/1/044:43 PM CITY OF RENTON MEMORANDUM DATE: March 1, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day to -day activities, the following items are worthy of note for this week: GENERAL • Canada's popular pianist, Michael Kaeshammer, will be at the Renton IKEA Performing Arts Center on Tuesday, March 2°d, at 7:30 p.m. This keyboard wizard, original composer, and amazing stage performer is building an international following with a series of sell -out tours across Canada, Europe, and the U.S. Tickets are $15.00 and are available by calling 206-325-6500. ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The March 2004 edition of CitySource, the City's newsletter to citizens and businesses, will be featured in the March 3`d issue of the Renton Reporter. This edition features a summary of the Mayor's State of the City Address; information about maintaining quality streets and reporting potholes; a review of 2003 volunteer service hours; a new on-line service available at the Library; a re -cap of the 2003 Sales Tax Revenue; Sam's Club donations assisting victims of Domestic Violence; and Renton City Council Highlights. CitySource can be found on the City's website, www.ci.renton.wa.us, through the Spotlight section under the press release option. COMMUNITY SERVICES DEPARTMENT • City of Renton Human Services will be hosting a South King County Pre -Application Workshop for Human Services and Capital Funds for non-profit and public agencies interested in applying for 2005-2006 General Fund and Community Development Block Grant funds. It will be held on Thursday, March 25`n, from 12:30 p.m. until 3:30 p.m., at Carco Theater, 1715 S.E. Maple Valley Highway. Contact Human Services at 425- 430-6650. • The Renton City Concert Band will play at the Renton IKEA Performing Arts Center on Thursday, March 11`n at 7:30 p.m. This 70-piece band will definitely entertain you with their great music from Big Band to Broadway to Classics. Tickets are $7.00 for adults and $5.00 for students/seniors and sell out quickly. Call 425-430-6707 to reserve your tickets. • Patrons of Renton's libraries can now access the Auto Repair Reference Center database, an online car repair resource. The database contains general information, repair instructions, maintenance guides, and much more, for approximately 23,000 vehicles dating from 1954 to 2002. This resource is available at the library or can be accessed by visiting the Library's web page on the City's website, www.ci.renton.wa.us. Administrative Report March 1, 2004 Page 2 ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATETIC PLANNING DEPARTMENT • A recent Municipal Research and Services Center (MRSC) electronic newsletter spotlighted the Downtown Renton revitalization as a model for other cities looking at encouraging new life in their downtowns. MRSC selected several websites that feature successful downtown projects. For a comprehensive look at Downtown Renton's revitalization efforts, visit the Major Projects section of www.rentonmarket.com. FIRE DEPARTMENT • The Robert T. Stafford Disaster Relief and Emergency Assistance Act established the requirement for state and local government mitigation planning as a condition of disaster assistance. As of January 23, 2004, the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has approved the City of Renton Hazard Mitigation Plan. The City of Renton is eligible to apply for disaster assistance through January 23, 2009. POLICE DEPARTMENT 1 The Police Department will hold a Level 3 Sex Offender community notification meeting at 7:00 p.m. on Tuesday, March 2"d, at Renton City Hall, 1055 S. Grady Way, in the Council Chambers to discuss a homeless sex offender living in downtown Renton near Rainier Avenue. Due to the graphic information being disseminated, minor children should not attend this meeting. During the week of March 2-8, the Police Department will be conducting traffic emphasis in the following areas and, in addition, all school zones during school days: Renton Police Department Traffic Enforcement Emphasis March 2-8 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer March 2, Tuesday SW 43` St/Talbot (red light) Rainier Ave N (speed) Royal Hills Drive Rainier Ave N (speed) Rainier/Grad Way (red light) March 3, Wednesday SW 43` St/Talbot (red light) 4300 blk, NE 17 St (speed) Royal Hills Drive SW Sunset Blvd (turns/speed) 3500 blk, Monterey Ave NE (s eed) March 4, Thursday S 23` /Smithers Ave (left turns) 1700 blk, Ferndale Ave SE 200 blk, Union Ave Maple Valley Hwy (speed) (speed) SE Rainier/Grad Way (red light) March 5, Friday 200 blk, S 2" St (speed) NE 10t'/OI m is (stop sign) 700 blk, SW 43` St (speed) 200 blk, S 2"d (speed) 200 blk, Union Ave SE March 8, Monday 1400 Houser Way (speed) Rainier Ave N (speed) NE 25 /Olympia S 43`d/Talbot Rd (red lights) 1400 Houser Way (speed) CITY OF RENTON COUNCIL AGENDA BILL - For Agenda of: March 1, 2004 Dept/Div/Board.. AJLS Department Staff contact...... Kathy Keolker-Wheeler, Mayor Agenda Status X Consent .............. Public Hearing.. X Subject: Appointments to Airport Advisory Committee Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Community Service Applications Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Community Services Committee 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: Mayor Keolker-Wheeler makes the following appointments to the Airport Advisory Committee: Roger Lewis to a vacant unexpired three-year term as the primary representative of the West Hill neighborhood, with the term expiring on May 7, 2006. Mr. Lewis' address is 415 Seneca Ave NW, Renton, WA 98055; Phone 206-772-6232. Jennifer Ann Rutkowski to a vacant unexpired three-year term as the primary representative of the Talbot Hill neighborhood, with the term expiring on May 7, 2005. Ms. Rutkowski's address is 515 S 47th St, Renton, WA 98055; Phone 425-965-6512. Beverly Freer to a vacant unexpired three-year term as the alternate representative of the Talbot Hill neighborhood, with the term expiring on May 7, 2005. Ms. Freer's address is 1300 S Puget Dr, #231, Renton, WA 98055; Phone 425-255-7974. Colleen Ann Deal, to an unexpired three-year term as the primary representative of the Kennydale neighborhood, with the term expiring on May 7, 2006, to replace Marcie Palmer. Ms. Deal's address is 1415 N 32nd St, Renton, WA 98056; Phone 206-731-5424. Jeffrey Davis to a vacant unexpired three-year term as the Aircraft Owner's and Pilot's Association primary representative, with the term expiring on May 7, 2006. Mr. Davis' address is 10012 64th Ave S, Seattle, WA 98178; Phone 425-254-4855. The other members (primary and alternate) of the Airport Advisory Committee are: Marleen Mandt, Phillip Beckley, Michael O'Halloran, Marjorie Richter, Beverly Franklin, Robert Moran, Glenn Reynolds, John Giuliani, Sr., Michael Schultz, Allan Blake, Howard Wolvington, Kurt Boswell, Michael Rice, Diane Paholke, Kenneth Whitfield, Michael Rogan, Greg Garner, Jan Fedor, and Karen Stemwell. DATE: CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM February 2, 2004 TO: Kathy Keolker-Wheeler, Mayor FROM: Gregg Zimmermak,'Administrator STAFF CONTACT: Ryan Zulauf, x7471 SUBJECT: Appointment of Renton Airport Advisory Committee Members ISSUE: In 2001 the Mayor and Council established the Renton Airport Advisory Committee (RAAC). The Committee has had several vacant positions from the neighborhoods and one from a pilot group. Several interested individuals have applied to the City to become new RAAC members and must be appointed by the Council. RECOMMENDATION: The Transportation Division staff recommends the following members be appointed to the RAAC: 1. Roger Lewis, Primary representative to the West Hill neighborhood 2. Jennifer Ann Rutkowski, Primary representative to the Talbot Hill neighborhood 3. Beverly Freer, Secondary representative to the Talbot Hill neighborhood 4. Colleen Ann Deal, Primary representative to the Kennydale neighborhood 5. Jeff Davis, Primary representative, Aircraft Owners and Pilot's Association BACKGROUND SUMMARY:. The Renton Airport Advisory Committee (RAAC) has several open positions that need to be filled. The current open positions on the RAAC are: 1. Two positions representing the West Hill neighborhood 2. Two positions representing the Talbot Hill neighborhood 3. One position representing the Kennydale neighborhood 4. One position representing the Aircraft Owners and Pilots Association The City has received Applications for Community Service from individuals interested in community service, specifically stating their interest in becoming RAAC members. Those individuals submitting interest in the RAAC were contacted by City staff to verify whether they RECEIVED CITY OF RENTON Q E C 0 2 2003 APPLICATION FOR COMMUNITY SERVICE MAYORS OFFICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055South Grady Way Renton, WA 98055 NAME Roger I. Lewis DATE ADDRESS 415 Seneca N.W. Renton ZIPCODE 98055 PHONE: DAY 2afi 1 772_E23241t-,per ,qamP EMAIL NnnP RENTON RESIDENT?_ Yes HOW LONG? 1956 CITY OF FORMER RESIDENCE Kent, Wa . EDUCATIONAL BACKGROUND Kent Meridian Schools---U. W. & U W S hoot of Law OCCUPATION_ Retired EMPLOYER OCCUPATIONAL BACKGROUND i943-1954 Food Processin Tru k D Boeing Mechanic, Warehouseman 1954-1956 U.S. Army 1956- 1978 Private Law Practice 1979 1996 Renton Municipal Court Judge COMMUNITY ACTIVITIES (organizationstclubstservice groups, etc.) Kiwanis Club, United Methodist Church misc advisory groups REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE Was asked to do it CAN ATTEND DAY MEETING vgs CAN ATTEND NIGHT MEETINGS? Yes Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the Mavor's Office at 42.5-430-6500 _ cc: 6r��Z. RYQ� z. 5�n� Mr � I^Q.✓l$. L�oVKri'l►IT�� CITY OF RENTON R-ECEW- � � APPLICATION FOR COMMUNITY SER VICE If you are interested in participating in local government by membership on any of the following City boa d� co sions, or committees, please complete this application and return it to: 1t.�i'(�P,� or FACr- CC : 6009g Z. -Johr► 5and_m,A(. Cl a rt< P. Office of the Mayor Qe n n1,5 C . City of Renton 1055 South Grady Way I ran5'Ci►t�' S�dY � Renton, WA 98055 4-►rectc ttre_boardsJcommissions✓commitlees in which you are tnteresfed: AIRPORT ADVISORY COIVIIn1ITI E *:. I BOARD OF ADJi3STME. NT' * y BOARD OF ETHICS CIVIL SRYiCE C{3MMiSSION HO.USINGAUTHORITY* T�I TMAN rZIGHT: & A AIRS COMMISS10NN * C] ; IITJIvIAN'SERVICES ADVISORY COMMITTEE* CJ *SPecurl:rnemlershrp requtrexteiits apply' Vr�i1. www ci rentori tvrr us or_ call:; Your'' our pppleea[ron. wdl begtvex every consideration as vacancies occur. MR_ MS� NAME jCrlinj.. � /�f�Y� �, 1 DATE q 1��s ADDRESS r _ 4. J 1 `� �Ui.(�� Il ZIP CODE�� PHONE_ DAY GIZ. NIGHT '"/ �J -Jf12,} EMAII��.�lYf RENTON RESIDENT? HOW LONG? CITY OF FORMER RESIDENCE__ ) r✓Y? "` EDUCATIONAL BACKGROUND f -I- �j,.I - - Oro i 4 atl OCCUPATIONAL BACKGROUND COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) A l ,4 6'Y►Arh 4'r-C"11Y WNPA REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE BE«rne CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? !g E+ppncatrons will be kept on file for one year. If you have questions about serving on a board, M. commission, or committee, please feel free to contact the Mayor's Office at 425430-6500_ RECEIVES.; CITY OF RENTON JAN 0 5 2004 APPLICATION FOR COMMUNITY SER VICE MAYORS OFFICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 rEE' :_:1ISIgilti::' MR ❑ MS. ® NAME Beverly Freer DATE 1-1-04 ADDRESS 1300 S Puget Dr Apt 231 Renton, WA ZIP CODE 98055 PHONE: DAY 425-255-7974 NIGHT Same EMAIL bevbogar(ftotmail.com RENTON RESIDENT? Yes HOW LONG? 4 years CITY OF FORMER RESIDENCE Billings MT EDUCATIONAL BACKGROUND Education Direct - Scranton PA — Accounting / Renton Technical College - Renton WA - Interior Design / Travel Career Institute - Bismarck ND - Careers in Travel OCCUPATION Student EMPLOYER NIA OCCUPATIONAL BACKGROUND Corporate Air - Billings MT - Secretary/Receptionist First Montana Title Company - Billings MT — Typist I Job Connection - Billings, MT - Job Coach COMMUNITY ACTIVITIES (gTwizeioa clubs =vi=gmt1 de.) Volunteer at Renton Municipal Court Work in court office and help with computer research, filing and other general office duties. REASON FOR APPLYING FOR THIS BOARD/COMMISSIONICOMMITTEE I am interested in aviation and would like an opportunity to serve as a volunteer. CAN ATTEND DAY MEETINGS? Yes CAN ATTEND NIGHT MEETINGS? Yes Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the Mayor's Office at 425-430-6500. 121001 0C . 61reo5 z- RYar� z, /►�! . CITY OF RENTON RECEIVED APPLICATION FOR COMMUNITY SER VICE MAR 12 ?003 If you are interested in participating in local goverrunent by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: �� A�!®�� ce , Grq�q 21'MryVrmart Shn gl arominc- A cart rei /t(eY er KafPn I rpV K Office of the Mayor Kytwt 7-0Avf &-loria &arrba Cin' of Renton Trans ppi-14 d/t ir►► le• 1055 South Grady Way t -e_ we bby Renton, WA 98055 Check. the boards/commissions/eoinmillees in which you are interested: AIRPORT ADVISORY COMMITTEE * ❑ LIBRARY BOARi�' BQARD_OF ADJUSTMENT* MUNICIPAL.ARTS COMMISSION BOARD OF ETHICS:* ❑ - PARK BOARD =. ❑ CIVIL SERVICE COMMISSION:* '❑ PLANNiNCrCOMh1ISSION ❑ HOUSING AUTHORITY * HUMAN ❑ SENIOR CITIZENS ADVISORY E RIGHTS &: AFFAIRS.COMMISSION x ❑SISTER-C J. Y COIVIMTI'TEE :.CUAUTLA HUMAN SERVICES ADVISORY'COMM] . TEE* ❑ SISTER CITY COIv1M1TfEE NISHIWAICi *Special.membership requirements apply.: Visit. .www eLrenlon.wa.us or.calt 425-430 65a0 for details. Your application .will be given every consideration as vacancies occur. MR. E] MS. ® NAME _n I Pp� �n r� ��a,( DATE 31-7 ADDRESS t y t !n tj 3R I j -r�i� Wp ZIP CODE -1 O� PHONE: DAY `�� _ 5 gay NIGHT ; ow)d0a�? EMAIL Cd ems.{ GU, tWC j' RENTON RESIDENT? P HOW LONG? f 3 �/ en r5 CITY OF FORMER RESIDENCE K% r A .EDUCATIONAL BACKGROUND to �' • ! s_� Iwo • OCCUPATIONAL BACKGROUND ACTIVITIES (organizations/clubs/servicegroups, etc.) S}{Rrn C6uPs�� iti�ttnn�—� nIi I REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE -�o c %c t CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? I Applications will be kept on file for one year. If you have questions about serving on a board, m comission, or committee, please feel free to contact the Mayor's Office at 425-430-6500. RECEIVED CITY OF IWNTON MAR 17 21303 APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Cheec , he boards/commissions/committees in which you are interested. 123 AIRPORT ADVISORY COMMITTEE ❑ HUMAN SERVICES ADVISORY COMNIITTEE ❑ BOARD OF ADJUSTMENT ❑ LIBRARY BOARD ❑ BOARD OF ETI-11CS ❑ MUNICIPAL ARTS COMMISSION ❑ CIVIL SERVICE COMMISSION ❑ PARK BOARD ❑ .HORIZONS COMMITTEE ❑ PLANNING COMMISSION ❑ HOUSING AUTHORITY ❑ SENIOR CITIZENS ADVISORY COMMITTEE ❑ HUMAN RIGHTS & AFFAIRS COMMISSION ❑ SISTER CITY COMIvII'I"IEE *Special membership requirements apply. Your application will be given every consideration as vacancies occur. DATE S— /31t�Z, ZIP CODE / 7J PHONE: DAY r - S-4 - S lb NMT LOK Z-1 EMAIL _ 7,16 C4 2-9700, Z A • 6U/ ) RENTON RESIDENT"? Al-W HOW LONG. CITY OF FORMER RESmENCE p �j J EDUCATIONAL BACKGROUND /> iH l �GJ ✓(/ NI , S Alf 0 I /F OCCUPATION AX0 i 1V41-r 4f NIPLOYI t OCCUPATIONAL BACKGROUND &( > ��f, COMMUNITY ACTIVITIES (organizations/clubstservice groups, etc.) REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMIvIITTEE_ .TO ZeO ZZjhff —,4 CAN ATTEND DAY CAN ATTEND NIGHT Applications will be,6pt on file for one year. If you have questions about serving on a boalyd, I commission, or committee, please feel free to contact the Mavor's Office at 425-430-6500. AIRPLANE OWNERS AND PILOTS ASSOCIATION AIRPORT SUPPORT NETWORK January 22, 2004 Ryan Zulauf Airport Manager City of Renton Dear Sir: This is to inform you that I have been appointed to the role of AOPA Airport Support Network representative for the Renton Airport. I am replacing Mr. Dave Kotker, who has recently retired from the position. In this role I look forward to working with you and the City of Renton to increase community support for the airport by enhancing its economic value to the community and improving relations between the airport and nearby neighborhoods. The Renton Airport can be a vibrant focal point for the City, where commerce and recreation come together to enhance the lives of Rentods residents. The Renton Airport is a truly unique gateway to the world, both bringing visitors to Renton and supporting Renton citizens' travels to the Northwest and beyond. To better perform my ASN duties, I request that you keep me informed of issues concerning the airport. Sinc/avis eff AOPA Airport Support Network Representative 10012 64TH AVE S SEATTLE, WASHINGTON • 98178 PHONE: 206-409-0634 EMAIL: TIGER28760@COMCAST.NET I AOPA AIRCRAFT OWNERS AND PILOTS ASSOCIATION Airport. Support Network C�ertYfYrate oCf �jay-aintmilmt Placing special trust and confidence in the ability and integrity of Jeff Davis the Aircraft Owners and Pilots Association herein confers the rights, privileges and responsibilities essential to serving as a volunteer in the AOPA Airport Support Network for RENTON MUNICIPAL AIRPORT (RNT) in RENTON, WASHINGTON. This appointment is valid for a term of one year and shall be governed by the program's Conditions of Appointment. Dated this 1 lth day of December, 2003 Bill Dunn Vice President Regional Affairs Mike Ferguson Regional Representative Northwest Region CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: CRT-04-001; Court Case — John Tost vs. City of Renton EXHIBITS: Summons and Complaint Al #: Loc' FOR AGENDA OF: March I, 2004 AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance... Resolution... Old Business....... New Business...... Study Session.... Other.... 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... SUMMARY OF ACTION: Summons and Complaint filed in King County Superior Court on behalf of John Tost by Thomas J. Klusmeyer, Jacobs & Jacobs, PO Box 513, Puyallup, 98371, alleging negligence in connection with a motor vehicle collision (at Gene Coulon Memorial Beach Park) involving the plaintiff and an employee of the City on August 4, 2002. 2 3 4 5 6 7 8 9 10 11 12 13 14 .5 16 17 18 19 20 21 22 23 24 25 26 27 `.8 JOHN TOST, vs. CITY OF RENTON, In King Co' U,yl�. T '"� �•� P nOr Court Clerk s off. FEB 7 8 ?004 Cashierse coon -_-_-:_ erior�ourtCKNT IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING Plaintiff, Defendants. THE STATE OF WASHINGTON TO GREETINGS: CITY OF FEB 2421 3:sop.M RECEIVED CITY CLERK'S 01 �94-2-29544"1 SUMMONS CITY OF RENTON A lawsuit has been started against you in the above -entitled court by plaintiff above -named. Plaintiffs claim is stated in the written Complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the Complaint by stating your defense in writing, and serve a copy upon the undersigned attorney for the plaintiff within twenty (20) days after the service of this Summons, or within 60 days if this Summons was served outside the State of Washington, or within 60 days after the date of the first publication of this Summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks 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. You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the plaintiff. Within fourteen (14) days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this Summons and Complaint will be void. If you wish to seek the advice of any 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. 5 � Csrn m Svc's �a.v' DeM Jacobs &Jacobs l� . . 1 / 114 E Mcckcr Ave SUMMONS - Page 1 PO Box 513 Puyallup.98371 �J \] (253)845-0577 fAX (253) 84 845-9060 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 27 28 DATED this �,a— day of E&� 12004. JACOBS & JACOBS 2 usm er WSBA #1236"3 Attorney for Plaintiff u-'' File Answer With: KING COUNTY CLERK Regional Justice Center 401 4th Avenue North Kent, WA 98032 SUMMONS - Page 2 Serve copy of Answer upon: JACOBS & JACOBS 114 East Meeker Avenue P.O. Box 513 Puyallup, Washington 98371 (253) 845-0577 Jacobs & Jacobs 114 E Meeker Ave PO Box 513 Puyallup, WA 98371 (253)845-0577 FAX ('_53) 845-9060 2 3 4 .5 6 7 8 9 10 11 12 13 14 .5 16 17 18 19 20 21 22 23 24 25 26 27 8 JOHN TOST, vs. CITY OF RENTON, follows: CR BngqkNy D, rnr CBC; DEB 7 8 2004 Cashier se SYPenorC c�0° kNT —Q_11rt Clen C1.Ty r 4 t3 h i it IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING wQ4 -2- 29544 -1 Plaintiff, ) COMPLAINT Defendant. COMES NOW the plaintiff above -named and for cause of action against the defendant, alleges as 1. Plaintiff is a resident of Auburn, King County, Washington. , II. Defendant was at all times material a town or incorporated city in the State of Washington. Ill. That on or about the 4th day of August, 2002, plaintiff and defendant's employee and agent were involved in a motor vehicle collision in Renton, King County, Washington. IV. The proximate cause of the collision and resultant damages and injuries was the negligence of defendant's employee and agent. V. As a result of the negligence of defendant's employee and agent, plaintiff sustained damages and Jacobs & Jacobs COMPLAINT -Page 1 114 E Mttkcr, AvtPO Box 513 Puyallup. WA 98371 (253) 845-0577 FAX (253) 845.9060 COPY 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 27 28 injuries, both economic and non -economic in an amount to be proven at trial. VI. Pursuant to the Revised Code of Washington, plaintiff previously presented a claim for damages. More than 60 days have elapsed since the claim was first presented to and filed with the proper governing body. 0" WHEREFORE, plaintiff prays for judgment against the defendant as follows: 1. For economic and non -economic damages. 2. For attorney's fees and costs as allowed by law and pursuant to RCW 4.84.250, et seq. 4. For such other and further relief as to the court seems proper and the nature of the cause requires. DATED this JQ day of w U , 2004. JACOBS & JACOBS y _ Thom .1 u (neyer, WSBA #123163 y Iaintu COMPLAINT - Page 2 Jacobs & Jacobs 114 E- Weku Avc PO Box 513 Puyallup. WA 98371 (253)845-0577 FAX (253) 845-9060 9 Cou�ty""113�..perli�i � ` �� surf rk's Pltrce FEB Ofthler 3vrry©h KN yIIMPIgr0,9y"�'la CITY OF RENT! FEB 2 4 204 KING COUNTY SUPERIOR COURT RECEIVED CASE ASSIGNMENT DESIGNATION CdTY CLERKS OFNCE and CASE INFORMATION COVER SHEET (cics) (In accordance wj*yf`2(� .r 29544 � � � � � � �1,T CASE NUMBER: 1, CASE CAPTION: —7QS -t V. R I certify that this case meets the case assignment criteria, described in King County LR 82(e), for the: Seattle Area, defined as: All of King County north of Interstate 90 and including all of the Interstate 90 right-of-way; all the cities of Seattle, Mercer Island, Bellevue, Issaquah and North Bend; and all of Vashon and Maury Islands. _ Kent Area, defined as: Signature of Pettioner/Pl ain tiff All of King County south of Interestate 90 except those areas included in the Seattle Case Assignment Area. Date or 2 to c� C to of A orney for Dat Pettioner/Plai 'ff &�363 WSBA Number KING COUNTY SUPERIOR COURT CASE ASSIGNMENT DESIGNATION and CASE INFORMATION COVER SHEET Please check one category that best describes this case for indexing purposes. Accurate case indexing not only saves time but helps in forecasting judicial resources. A faulty document fee of $15 will be assessed to new case filings missing this sheet pursuant to Administrative Rule 2 and King County Code 4.71.100. APPEAL/REVIEW — Administrative Law Review (ALR 2)* _ Civil, Non -Traffic (LCA 2)* Civil, DOL (DOL 2)* CONTRACT/COMMERCIAL _ Breach of Contract (COM 2)* _ Commercial Contract (COM 2)* _ Commercial Non -Contract (COL 2)* _ Meretricious Relationship (MER2)* Third Party Collection (COL2)* DOMESTIC RELATIONS Annulment/Invalidity (with dependent children? Y N )(INV 3)* _ Child Custody (CUS 3)* Dissolution With Children (DIC 3)* Dissolution With No Children (DIN 3)* Legal Separation (with dependent children? Y N )(SEP 3)* _ Mandatory Wage Assignment (MWA 3) — Modification (MOD 3)* Modification - Support Only (MDS 3)* — Out -of -State Custody Order Registration (OSC 3) _ Reciprocal, Respondent in County (RIC 3) - Reciprocal, Respondent Out of County (ROC 3) Registration of Out of State Support Court Order (FJU 3) DOMESTIC VIOLENCE/ANTIHARASSMENT Civil Harassment (HAR 2) Confidential Name Change (CHN 5) — Domestic Violence (DVP 2) _ Foreign Protection Order (FPO 2) Vulnerable Adult Protection (VAP 2) JUDGMENT — Confession of Judgment (MSC 2)* Judgment, Another County, Abstract (ABJ 2) Judgment, Another State or County (FJU 2) Tax Warrant (TAX 2) — Transcript of Judgment (TRJ 2) ADOPTION/PATERNITY — Adoption (ADP 5) Confidential Intermediary (MSC 5) Establish Parenting Plan (MSC 5)* Initial Pre -Placement Report (PPR 5) Modification (MOD 5)* — Paternity (PAT 5)* Paternity/UIFSA (PUR 5)* Registration of Out of State Support Court Order (FJU 5) Relinquishment (REL 5) Termination of Parent -Child Relationship (TER 5) PROBATE/GUARDIANSHIP _ Absentee (ABS 4) _ Disclaimer (DSC4) Estate (EST 4) Foreign Will (FNW 4) Guardianship (GDN 4) Guardianship/Estate (G/E,4) Limited Guardianship (LGD 4) Minor Settlement (MST 4) Non -Probate Notice to Creditors (NNC 4) _ Trust (MSC 4) Will Only (WLL 4) — Trust Estate Dispute Resolution Act (MSC 4) PROPERTY RIGHTS _ Condemnation/Eminent Domain (CON 2)** _ Foreclosure (FOR 2)* _ Land Use Petition (LUP 2)* Property Fairness (PFA 2)* _ Quiet Title (QTI 2)* Unlawful Detainer (UND 2) TORT, MEDICAL MALPRACTICE Hospital (MED 2)* Medical Doctor (MED 2)* Other Health Care Professional (MED 2)* TORT, MOTOR VEHICLE Death (TMV 2)* Non -Death Injuries (TMV 2)* Property Damage Only (TMV 2)* RECEIVED tr: X,4 County Superior Court Cierk's Office FEB 18 2004 Cashier Section KNT ftperior Court Clerk CITY OF RENTON Cl jw C1 :Llo� IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING N04-2-29544�' Plaintiff(s), ORDER SETTING CIVIL CASE SCHEDULE vs. ASSIGNED JUIi L°ANO°f A TRIAL DATE: Mon 7111/05 Defendant(s). (-ORSCS) On Wed 2/18104, 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 Complain UPetition, 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 filed promptly in the form required by Civil Rule 5 (CR 5). "I understand that I am required to give a copy of these documents to all parties in this case." Print Name Sign Name ORDER SETTING CIVIL CASE SCHEDULE Revised June 2003 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 KCLR 26], and for meeting the discovery cutoff date [See KCLR 37(g)]. SHOW CAUSE HEARINGS FOR CIVIL CASES [King County Local Rule 4(g)] A Show Cause Hearing will be held before the assigned judge if the case is not at issue. The Order to Show Cause will be mailed to all parties. The parties or counsel are required to attend. A Confirmation of Joinder, Claims and Defenses must be filed by the deadline in the schedule. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of allparties 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 diapositive 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 KCLR 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 KCLR 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 is at issue. 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 (effective 10/1/2002). 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:AII 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 Rule 41. ORDER SETTING CIVIL CASE SCHEDULE Revised June 2003 II. CASE SCHEDULE CASE EVENT DEADLINE or EVENT DATE Case Filed and Schedule Issued Wed 2/18/04 ✓ Confirmation of Service [See KCLR 4.1) Wed 3/17/04 ----------------------------------------------------- ----------------------------------------- ✓ Last Day for Filing Statement of Arbitrability without a Showing of Good Wed 7/28/04 Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 21 $220 arbitration fee must be paid — OR [-Gonsult Local Rules to determine which document applies for your case.] ✓ Confirmation of Joinder of Parties, Claims and Defenses [See KCLR 4.2(a)(2)] NOTE: If "Joinder" document applies to the case and is not filed, the --------------- parties may be require to appear at the Show Cause Hearing. - - ------------------ Wed 7/28/04 -- -------------------------------------- DEADLINE for Hearing Motions to Change Case Assignment Area [KCLR 82(e)] Wed 8/11/04 --------------------------------------------------------------------------------------------- DEADLINE for Disclosure of Possible Primary Witnesses [See KCLR 26(b)) --------------------------------------------------------------------------------------------- Mon 2/07/05 ✓ DEADLINE for Disclosure of Possible Rebuttal Witnesses [See KCLR 26(c)] --------------------------------------------------------------------------------------------- Mon 3/21/05 ✓ DEADLINE for Jury Demand [See KCLR 38(b)(2)) --------------------------------------------------------------------------------------------- Mon 4/04/05 DEADLINE for a Change in Trial Date [See KCLR 40(e)(2)] --------------------------------------------------------------------------------------------- Mon 4/04/05 DEADLINE for Discovery Cutoff [See KCLR 37(g)] - - ------------------------------------------------------------------------ Mon 5/23/05 DEADLINE for Engaging in Alternative Dispute Resolution [See attached Order) --------------------------------------------------------------------------------------------- Mon 6/13/05 ✓ DEADLINE to file Joint Confirmation of Trial Readiness [See attached Order] Mon 6/20/05 DEADLINE: Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 6/20/05 [KCLR 16(a)(3)] DEADLINE for Hearing Dispositive Pretrial Motions [See KCLR 56, CR 56] Mon 6/27/05 ✓ Joint Statement of Evidence [See KCLR 16(a)(4)) Tue 7/05/05 Trial Date [See KCLR 40] Mon 7/11/05 ✓ Indicates a document that mu snown. the Superior Court Clerk's III. ORDER Pursuant to King County Local Rule 4 [KCLR 4], IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local 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 etting Civil Cas chedule and attachment on all other parties. f� ,(1 - CiVrw DATED: 2/18/2004 Richard D. Eadie. PRESIDING JUDGE ORDER SETTING CIVIL CASE SCHEDULE Revised June 2003 CIVIL Page 4 of 6 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this Schedule. The assigned Superior Court Judge will preside over and manage this case and will conduct trials, motions, and conferences in this matter until completion of all issues. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: APPLICABLE RULES: Except as specifically modified below, all the provisions of KCLR 4-26 shall apply to the processing of civil cases before Superior Court Judges. CASE SCHEDULE AND REQUIREMENTS: A. Trial: Trial is confirmed for 9:00 a.m. on the date on the Schedule. The Friday before trial, the assigned court will contact the parties to determine the status of the case and inform the parties of any adjustments to the Trial Date. B. Show Cause Hearing: A Show Cause Hearing will be held before the assigned judge if the case is not at issue. If the case is not at issue or in accordance with the attached case schedule, all parties will receive and Order to Show Cause that will set a specific date and time for the hearing. All parties and/or counsel are required to attend. C. Joint Pretrial Report: 120 days before the Trial Date, parties shall prepare and file, with a copy to the assigned judge, a joint pretrial report setting forth the nature of the case, whether a jury demand has been filed, the expected duration of the trial, the status of discovery, the need to amend pleadings or add parties, whether a settlement conference has been scheduled, special problems, etc. Plaintiff's/Petitioner's counsel is responsible for proposing and contacting the other parties regarding said report. D. Pretrial Conference: A pretrial conference will be scheduled by the assigned judge. Approximately thirty (30) days before the conference, you will receive an Order Setting Pretrial Conference that will set the specific date and time for the conference. The conference will be held in the courtroom of the assigned judge, and the following nonexclusive list of matters will be addressed at that time: 1) Status of settlement discussions; 2) Jury trial -- selection and number of jurors; 3) Potential evidentiary problems; 4) Potential motions in limine; SEE NEXT PAGE revised 5/29/2002 L: forms/cashiers/iv orders CIVIL Page 5 of 6 5) Use of depositions; 6) Deadlines for nondispositive motions; 7) Procedures to be followed with respect to exhibits; 8) Witnesses -- identity, number, testimony; 9) Special needs (e.g. interpreters, equipment); 10) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions, voir dire questions, etc. 11) Receipt of Public Assistance Payments (Domestic Cases) -- If any party is on public Assistance, notify the Prosecutor's Office of this proceeding now at 296- 9020. E. Settlement/Mediation/ADR: 1) 45 days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintiff's written demand, counsel for defendant shalt respond (with a counteroffer, if appropriate). 2) 30 days before the Trial Date, a settlement/ media tio n /ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. 3) 20 days before the Trial Date, counsel for plaintiff shall advise the assigned judge of the progress of the settlement process. MOTIONS PROCEDURES: A. Noting of Motions 1) Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the bailiff a date and time for the hearing, consistent with the court rules. 2) Nondispositive 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." SEE NEXT PAGE revised 5/29/2002 L: form s/cashiershv orders CIVIL Page 6 of 6 3) Motions in Family Law Cases: Discovery motions to compel, motions in limine1 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. 4) Emergency Motions: 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. Filing of Papers All original papers must be filed with the Clerk's Office on the 6th floor. The working copies of all papers 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 copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. 1) Original Proposed Order: Each of the parties must include in the working copy materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. 2) 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 shalt be presented to the assigned judge or in the Ex Parte Department. Format 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 orders and/or Formal Proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed 24 pages for dispositive motions and 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/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. pultza JUDGE Richard D. Eadia revised 5/29/2002 L: forms/cashiers/iv orders CITY OF RENTON COUNCIL AGENDA BILL AI #: to, d. Submitting Data: For Agenda of: March 1, 2004 Dept/Div/Board.. Economic Development Agenda Status Staff Contact...... Alex Pietsch (X6592) Consent..............X Public Hearing.. Subject: Renton Lodging Tax Committee Membership Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Exhibits: Study Sessions...... Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... N/A Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Resolution #3288 established the Renton Lodging Tax Advisory Committee and authorizes Council to review the membership annually and to fill any committee vacancies. STAFF RECOMMENDATION: • The Renton City Council appoint Denis Law, council member, to the Renton Lodging Tax Advisory Committee. And, reaffirm the continuing members of the Committee: Terry Godat, Rick Meining, Julie Brewer and Suzette Cooke. Agnbill Rev H-M Mbrsp.doc CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of. March 1, 2004 Dept/Div/Board.. Economic Development Agenda Status Staff Contact...... Alex Pietsch (X6592) Consent..............X Public Hearing.. Subject: Update of Resolution No. 3288 Establishing a Lodging Correspondence.. Tax Advisory Committee Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Study Sessions...... Proposed Resolution Information......... Resolution No. 3288 Recommended Action: Council Concur Approvals: Legal Dept ..... X.. Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... N/A Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Council adopted Resolution No. 3288 establishing a Lodging Tax Advisory Committee in 1997. Section III of that resolution designated specific individuals to serve on the Committee. It is now necessary to update the Resolution to accurately reflect the membership of the Committee. The proposed resolution designates the president of the Renton Chamber of Commerce, two representatives from the lodging industry, the Community Relations Manager for the City of Renton and an elected official from the City Council, as membership for the Committee. The City Council will review the membership annually and make changes as necessary. STAFF RECOMMENDATION: Adopt a Resolution to update the membership of the Lodging Tax Advisory Committee. Rev Hotel -Motel Res.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, UPDATING THE MEMBERSHIP OF THE CITY'S LODGING TAX ADVISORY COMMITTEE. WHEREAS, in 1997, the City of Renton established a Lodging Tax Advisory Committee to serve the functions described in RCW 67.28.1817; and WHEREAS, the Lodging Tax Advisory Committee now has different committee members than those named in the original resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The membership of the City of Renton Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist of the following five members: the Chamber of Commerce President, two representatives of the Renton lodging industry, the Community Relations Manager of the City of Renton, and an elected official of the City appointed by the City Council who shall serve as chair. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. SECTION III. Except as revised by this Resolution, the text of Resolution #3288 remains in full force and effect. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1035:2/23/04:ma CITY OF RENTON, WASHINGTON RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE. WHEREAS, the State Legislature has passed SSB 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals some previous lodging tax authority but also adds new lodging tax authority; and WHEREAS, SSB 5867 requires that, in cities with a population over 5,000, any new imposition of a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on the lodging tax by the City; and WHEREAS, the City of Renton is considering the imposition of a lodging tax and therefore a lodging tax advisory committee must be created; and WHEREAS, the City of Renton will submit to this committee the proposal to implement the lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. There is hereby created a City of Renton Lodging Tax Advisory Committee to serve the functions prescribed in SSB 5867 (Chapter 452, Laws of 1997). 1 RESOLUTION NO. 3288 SECTION III. The membership of the Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist of the following five members: the Chamber of Commerce President, Betty Whitney or her successor or designee, Sandy Chastain, Rick Meinig of Silver Cloud Hotel or his designee, Bill Weisse of Holiday Inn Select Hotel or his designee, and King Parker, an elected official of the City appointed by the City Council who shall serve as chair. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. SECTION IV. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment, proposals on: tax. A. The imposition of a tax under SSB 5867; B. Any increase in the rate of such a tax; C. Repeal of an exemption from such a tax; or D. A change in the use of the revenue received from such a The City Council shall submit such a proposal to the Committee at least 45 days before taking final action on any such proposal. Comments by the Committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. 2 RESOLUTION NO. 3288 SECTION V. The Committee may establish administrative procedures for the conduct of meetings, voting, review, analysis, and preparation of comments. Each member of the Committee, including the Chair, shall be entitled to one vote on Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. PASSED BY THE CITY COUNCIL this 13th day of October 1997. Marilyn J. etersen, City Clerk APPROVED BY THE MAYOR this 13th day of October , 1997. J se Tanner, Mayor Appro d as to form: Lawrence J. Warren, City Attorney RES.613:10/07/97:as. 3 CITY OF RENTON COUNCIL AGENDA BILL 'submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Systems Staff Contact...... Jason Fritzler, x7243 Subject: Logan Avenue Bridge Seismic Retrofit CAG 03-113 Exhibits: Final Pay Estimate Notice of Completion For Agenda of: March 1. 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... X Other ............... Expenditure Required Amount Budgeted....... $ 17,854.08 Final Pay Est. $200,000.00 SUMMARY OF ACTION: $ 95,283.05 Final Contract Amount $ 79,693.55 Previously Paid $ 5,014.90 Retainage $ 8,826.22 Tax $109,124.17 Total The Logan Avenue Bridge Seismic Retrofit Project began on August 18, 2003, and was completed on September 22, 2003. The original contract amount was $84,864.00 with the final contract amount being $109,124.17, The increase in the final contract balance was due to two change orders for additional joint material and additional asphalt work on the bridge approaches. STAFF RECOMMENDATION: The Transportation Division recommends Council approve completion of the project and release retainage for the full project in the amount of $5,014.90 after sixty (60) days, subject to the required authorization. I L\DIVISION.S\TRANSPOR.'FAT ADNIIN\Awida 2004\Retamage for Logan Aye Bridge Seismic Retrotitl.doc TO: FINANCE DIRECTOR DATE. 11/12/2003 FROM: TRANSPORTATION SYSTEMS DIRECTOR CONTRACTOR: Advanced Construction, Inc CONTRACT NO. CAG 03-113 ESTIMATE NO. Final PROJECT: Logan Avenue Bridge Seismic Retrofit 1. CONTRACTOR EARNINGS THIS ESTIMATE $ 16,410.00 2. SALES TAX @ 8.80% $ 1,444.08 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $ 17,854.08 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $ 79,693.55 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $ 15,589.50 6. SUBTOTAL - CONTRACTOR PAYMENTS $ 95,283.05 7. RETAINAGE ON PREVIOUS EARNINGS $ 4,194.40 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $ 820.50 9. SUBTOTAL - RETAINAGE $ 5,014.90 10. SALES TAX PREVIOUSLY PAID $ 7,382.14 11. SALES TAX DUE THIS ESTIMATE $ 1,444.08 12. SUBTOTAL - SALES TAX $ 8,826.22 * (9501oxLINEI ) ** (RETAINAGE: 5%) GRAND TOTAL: $ 109,124.17 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): $ 17,033.58 ACCOUNT 317.012201.016.5950.0030.67/25502/5354 RETAINED AMOUNT (Line 8): $ 820.50 ACCOUNT 317.012201.016.5950.0030.67/25502/5354 TOTAL THIS ESTIMATE: $ 17,854.08 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY Of PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBEI HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAIL OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AT AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIN SIGNED: .na,. ^027"13-002 NO.:Ot Renton - Loam Avenue Bdda. S.Iamb R.It01 PAY ESTIMATE Final euq.ct' FSaE ia0c: Pr.14NrWy Cost Estmal. Tim Period 1 912 03.14139103 SchedulalPhase Bid Item M Item Description item Unit Cost Unit Plan Qwntity Plan Total Cost vrwa.u. ou-sty RrwA.u. A...I -1...-Illy Tra. Am.un1 -I., u.nmy Total Amount x cOmolei. General 1 Mobilization $ 5,000.00 L.S. 1 $ 5,000.00 1.00 $ 5,000.00 0.0 $ 1.00 $ 5.000.00 100% General 2 Traffic Control $ 10,000.00 L.S. 1 $ 10,000.00 1.00 $ 10,000.00 0.00 $ 1,00 $ 10,000.00 100% GHleral 3 Seismic Retrofit $ 20,000.00 L.S. 1 $ 20.000.00 0.75 $ 15,000.00 0.25 $ 5.000.00 1.00 $ 20,000.00 100% General 1 a 1 lExpensimJointModiention $ 35,000.00 IL.S. 1 1 $ 35.000.001 0.80 1 $ 28,000.00 0.20 1 $ 7,000.00 1.no 1$ 35,000.00 100% General 5 Cmasta Repair $ 105.00 S.F. 42 $ 4,410.00 0.00 $ 42.0 $ 4.410.00 42.00 $ 4,410,00 100% A Chan Order02 $ 20,207.40 L.S. 1 $ 20,207.40 1.00 $ 20,207.40 0.0 $ 1.00 I $ 20,207.40 100% B Chan Order#3 $ 5,680.55 L.S. 1 It 5,680.55 1.00 $ 5,680.55 0.0 $ 1.00 $ 5.680.55 1 100% Pre -Sales Tax Totals $ 100,297.95 $ 83,887.95 $ 16,410.00 $ 100,297.95 S4. Tex a &8% $ 8,826.22 $ 7,382.14 $ 1.444.08 $ 8,826.22 TOTAL $ 109,124.17 $ 91,270.09 $ 17,854.08 $ 109,124.17 100% STATg O� State of Washington 0 4 Department of Revenue i — x Audit Procedures & Administration °PP a PO Box 47474 2999 Olympia, Washington 98504-7474 Reg.No.: Date: February 17, 2004 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Notice is hereby given relative to the completion of contract or project described below. Description of Contract Logan Avenue Bridge Seismic Retrofit Contractor's Name Advanced Construction Telephone No. (425) 754-5493 Contractor's Address 14532 North Creek Dr., Suite 618, Mill Creek, WA 98012 Date Work Commenced August 18, 2003 Date Work Completed September 22, 2003 Date Work Accepted September 22, 2003 Surety or Bonding Co. Travelers Casualty and Surety Company of America Agent's Address Andy Prill, PO Box 3018, Bothell WA 98041 Contract Amount: Additions or Reductions: Sales Tax: Total $78,000.00 $22,297.95 $8,826.22 $109,124.17 By Phone No: Amount Disbursed: $104,109.27 Amount Retained: $5,014.90 Total: $109,124.17 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 310020 (12-92) H:\Division.s\TRANSPOR.TAT\DESIGN.ENGUASON\Projects\Logan Ave Seismic\Money\Notice_of Completion.doc CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Division Staff Contact...... Ryan Zulauf, x7471 Subject: Operating Permit and Agreement for Aero-Tech Avionics, Inc. Exhibits: Issue Paper Operating Permit and Agreement BEFA Sublease AI #: For Agenda of: March 1.2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Recommended Action: Approvals: Legal Dept......... X Refer to Transportation/Aviation Committee Finance Dept...... N/A Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... N/A Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Aero-Tech Avionics, Inc. has executed a sublease with the Boeing Employees Flying Association (BEFA) to sublease hangar and office space for the purpose of establishing an avionic maintenance and sales shop. An approved Operating Permit and Agreement issued by the City is needed by Aero-Tech Avionics, Inc. to initiate business on the airfield. The Operating Permit and Agreement issued by the City effectively ties a sublessee conducting business on the airfield to the City. The term of the BEFA sublease and the City Operating Permit and Agreement is for one (1) year beginning in February 1, 2004, and ending on January 31, 2005. While BEFA has not provided for an extension of the sublease beyond January 31, 2005, City staff is hopeful that Aero-Tech Avionics, Inc will be successful at Renton Airport and request a new sublease from BEFA, and a new Operating Permit and Agreement from the City prior to January 31, 2005. STAFF RECOMMENDATION: The Transportation Division staff recommends approval of the Operating Permit and Agreement with Aero-Tech Avionics, Inc. H:Trans/Airport/Adrrin/Real Property/Leases/Aero-Tech agenda bill 2-12-04 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 1, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: 'y. Kathy Keolker-Wheeler Mayor FROM: Gregg Zimmerma�PBPW Administrator STAFF CONTACT: Ryan Zulauf, x7471 SUBJECT: Operating Permit and Agreement for Aero-Tech Avionics, Inc. ISSUE: Aero-Tech Avionics, Inc. has executed a sublease with the Boeing Employees Flying Association (BEFA) to sublease hangar and office space for the purpose of establishing an avionic maintenance and sales station. This is a service that currently does not exist on the airfield. An approved Operating Permit and Agreement is needed by Aero-Tech Avionics, Inc. to initiate business on the airfield. RECOMMENDATION: The Transportation Division staff recommends approval of the Operating Permit and Agreement with Aero-Tech Avionics, Inc. BACKGROUND SUMMARY: Aero-Tech Avionics, Inc. has executed a sublease with the Boeing Employees Flying Association (BEFA) to sublease hangar and office space for the purpose of establishing an avionic maintenance and sales shop. The airport currently does not have an avionics maintenance and sales shop on the airport. As a result, owners of aircraft based on Renton Airport have historically taken their avionics business off the airfield. Aero-Tech Avionics, Inc will sublease a portion of the BEFA hangar and occupy a portion of the office space formerly occupied by Action Aviation. Aero-Tech Avionics, Inc. will also Aero-Tech Avionics Issue Paper March 1, 2004 Page 2 sublease one (1) aircraft tie -down space at BEFA for customer aircraft and five (5) automobile parking spaces in the BEFA parking lot. An approved Operating Permit and Agreement issued by the City is needed by Aero-Tech Avionics, Inc. to initiate business on the airfield. The Operating Permit and Agreement issued by the City effectively ties a sublessee conducting business on the airfield to the City. The term of the BEFA sublease and the City Operating Permit and Agreement is for one (1) year beginning February 1, 2004, and ending on January 31, 2005. While BEFA has not provided for an extension of the sublease beyond January 31, 2005, City staff is hopeful that Aero-Tech Avionics, Inc. will be successful at Renton Airport and request a new sublease from BEFA, and a new Operating Permit and Agreement from the City prior to January 31, 2005. Attachments Cc: Teana Walker PAG 001-04 OPERATING PERMIT AND AGREEMENT between the City of Renton and Aero-Tech Avionics, Inc. THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AND AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Permittor"), and Aero-Tech Avionics, Inc., a Washington corporation ("Permittee"). IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. ACKNOWLEDGEMENT OF SUB -LEASE: 1 a. Pursuant to lease agreement 001-87, executed on July 10, 1987 and effective as of July 10, 1987, the City of Renton (Lessor) granted a lease of the subject premises to the Boeing Employees Flying Association, as Lessee, for the purpose of Operation of Flight Training and Aircraft Storage facilities together with aircraft repair and maintenance and fuel service. lb. Thereafter, Boeing Employees Flying Association (BEFA) (Lessee) sublet the subject premises to Aero-Tech Avionics, Inc, (Sublessee) by sublease agreement executed on December 23, 2003 for the purpose of operating an Avionics Installation and Repair station for the benefit of the public. 2. GRANT OF OPERATING PERMIT: 2a. Description of Premises: The premises leased by Aero-Tech Avionics, Inc. the Permittee, is described in the sub -lease as: 2a(1) Interior Space: 576 square feet of interior office space at the Northeast corner of the "hangar building" as shown in Exhibit A (attached); 2a(2) Hangar Space: Usage of the BEFA Hangar for the purposes of avionics installation or repair on up to one aircraft not larger than a light twin. Hangar space does not include using shelf space or floor space for storage of equipment nor tools 2a(3) Aircraft Tiedown: One (1) aircraft tiedown space for storage of Sublessee customer aircraft. 2a(4) Parking Spaces: Parking spaces for up to Five (5) vehicles for use by Sublessee, its agents, employees, assigns, permissive users and customers (hereafter "Sublessee and it's Third Parties".) These four (4) categories (Paragraph 2a(1) through 2a(4) above) of the property, being subleased by BEFA to Aero-Tech Avionics, shall hereafter be referred to as the "Premises". OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc 3. CONDITIONS: 3a. Specific Conditions: This grant of an Operating Permit is subject to the following: 3a(1) Easements, restrictions and reservations of record and as further set forth herein; 3a(2) Such rules and regulations as now exist or may hereafter be promulgated by the Permittor from time to time, including the Airport's Minimum Standards which are incorporated herein by this reference, and Permittor's standards concerning operation of public aviation service activities from the Airport; and 3a(3) All such non-discriminatory charges and fees for such use as may be established from time to time by Permittor; and 3a(4) TOGETHER WITH the privilege of Permittee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. 3b. No Conveyance of Airport: This Operating Permit and Agreement 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 Permittor reserves the 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 permitted hereby. 3c. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Penmittor 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 Permittor 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 Permittee 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 or the period thereof or any terms or provisions thereof be 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 the Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, rules and regulations. OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc 3d. Future Development/Funding: Nothing in this lease contained shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Permittor, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 4. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT: 4.1. Initial Term: The term of the sublease to Aero-Tech Avionics, Inc. is for a period of one (1) year commencing on February 1, 2004 and terminating on January 31, 2005. 4.2. Extended Term: BEFA has not granted Permittee an option to renew the sublease. Nothing in the sublease or sub -sublease obligates the City of Renton to automatically renew this permit. 4.3. Permit Term: The term of this Operating Permit is one (1) year, renewable upon written application at least ninety (90) days prior to the date of expiration. This renewal is not automatic and the City of Renton is not obligated to renew this permit. 5.1. Rent on lease: As rental for the premises described in LAG 001-87, Lessee has agreed to pay Permittor a monthly rental in the sum of three thousand eight hundred eighty one and seventy six cents ($3,881.76) throughout the twelve (12) month period commencing on January 1, 2004 which includes the leasehold excise tax. 5.2. Rent on sublease: As rental for the premises described in paragraph 1, above, during the term of this permit, Permittee has agreed to pay BEFA (Lessee) a monthly rental in the sum of one thousand one hundred sixty one and no/100 Dollars ($1,161.00) throughout the twelve (12) month period commencing on February 1, 2004. The date of execution of the sublease was December 23, 2003. In the event Lessee fails to pay the rent identified in paragraph 5.1, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 001-87, pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent, then the Permittor may terminate this permit with ten (10) days notice. 5.3. Other Charges: Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Permittor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Permittee of, on, and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas, power, garbage, water and other utilities or services rendered to said premises. 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc as described in LAG 001-87, pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. In the event neither the Lessee nor Permittee pay said tax or charge, then the Permittor may terminate this permit with ten (10) days notice. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 001-87, and Lessee fails to pay such utilities and service charges, then Permittee may pay all light, heat, gas, power, garbage, water, sewer and janitorial service used in or on the Premises when due. In the event neither the Lessee nor the Permittee pay said utility or service charges, then the Permittor may terminate this Permit with ten (10) days notice. Permittor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Permittor's control, shall be deemed a breach of the Permit or as an eviction of Permittee, or relieve Permittee from any of its obligations hereunder. 7. PERMITTEE'S ACCEPTANCE OF PREMISES. 7.1. General Acceptance of Premises: By occupying the Premises, Permittee formally accepts the same in AS IS condition, and acknowledges that the Permittor has complied with all the requirements imposed upon it under the terms of this Permit with respect to the condition of the Premises at the commencement of this term. Permittee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Permit subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Pennittor nor Permittor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any disturbance from Permittor, or others claiming by or through Permittor. 8. PURPOSE AND USE:: 8.1. Use of Premises: The Premises are leased to the Permittee for the following described purpose: 8.1.1. The operation of an Avionics Maintenance and Sales station (FAA CRS:JATR518K) in accordance with the Minimum Standards for the operation of this type of commercial aeronautic activity at the Renton Municipal Airport 8.2. Continuous Use: Permittee covenants that the premises shall be continuously used for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle, and shall not be used for any other purpose without Permittor's written consent first having been obtained. Consent of Permittor to other types of activities will not be unreasonably withheld. OPERATING PERMIT 4 City of Renton to Aero-Tech Avionics, Inc 8.3. Non -Aviation Uses Prohibited: Permittee agrees that, except as expressly provided above, the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.4. Signs: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the written approval of Permittor, which will not be unreasonably withheld. One sign, of the type and dimensions specified by the Airport Manager, shall be permitted to be displayed on the Rainier and Airport Way entrance fences through the termination date of this permit. 8.5. Conformity with Rules: Permittee further covenants to keep and operate the Premises and all structures, improvements, and activities in conformity with all rules, regulations and laws now or hereafter adopted by Permittor, including the Airport's Minimum Standards which are incorporated herein by this reference, the Federal Aviation Administration, the State Aeronautics Commission, or other duly constituted governmental authority, all at Permittee's cost and expense. 8.6. Waste, Nuisance, Illegal Activities: Permittee covenants that he will 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. 8.7. Increased Insurance Risk: Permittee will 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. 9. Hazardous Waste: 9.1. Permittee's Representation and WarrantX: In particular, Permittee represents and warrants to the Permittor that Permittee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary course of business. 9.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Permittee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. 9.3. Indemnity: The parties agree that Permittor shall have no responsibility to the Permittee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Permittor, during the term of this Permit. Permittee agrees to indemnify and hold harmless the Permittor from any obligation or expense, including fees incurred by the Permittor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous OPERATING PERMIT 5 City of Renton to Aero-Tech Avionics, Inc substance upon the Premises not caused by Permittor, including remedial action under R.C.W. Chapter 70.105D, during the term of this Permit. 9.4. Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or (b) was caused by Permittor, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 10. MAINTENANCE: 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Permittor for use by the Permittee, shall be used and maintained by Permittee in an operable, neat, orderly, and sanitary manner. Permittor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves around the Premises, including that blown against fences bordering the Premises, whether as a result of the Permittee's activities or having been deposited upon the Premises from other areas. 10.2. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of snow and/or floodwaters or mud deposited therefrom from the Premises and those areas of the Sublessor utilized by the Permittee, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor upon the public areas of the Airport. 10.3. Permittor May Perform Maintenance: If Permittee fails to perform Permittee's obligations under this Paragraph, Permittor may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Permittee, 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 Permittor together with Permittee's next rental installment. 11. ALTERATIONS. 11.1. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Permittee shall notify Permittor in writing of the expected date of commencement thereof. Permittor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Permittor reasonably OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc deems necessary to protect the Premises and Permittor from mechanics' liens, materialmen's liens or any other liens. In any event, Permittee shall pay when due, or bond around, all claims for labor or materials furnished to or for Permittee at or for use in the Premises. Permittee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Permittee or claimed to have been furnished to Permittee or to Permittee's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Permittee. 11.2. Bond: At any time Pennittee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Permittor may at its sole option require Permittee, at Permittee's sole cost and expense, to obtain and provide to Permittor a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Permittor against liability for mechanics and materialmen's liens and to insure completion of the work. 11.3. Permittor May Make Improvements: Permittee agrees that Penmittor, at its option, may at its own expense make repairs, alterations or improvements which Permittor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 11.4. Notification of Completion: Upon completion of capital improvements made on the Premises, it is the Permittee's responsibility to promptly notify Permittor of such completion. 12. ASSIGNMENT: 12.1. Assignment/Subletting: The sublease or any part thereof shall not be assigned by Permittee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Permittor, which consent shall not be unreasonably withheld. If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an assignment for purposes of this paragraph. 12.2. No Release of Permittee's Liability: No assignment of this leasehold interest shall release Permittee from the obligation to pay the rent and to perform all other obligations to be performed by Permittee under the terms of its sublease. No assignment shall so release Permitteeee unless Permittor's consent is obtained pursuant to Paragraph 12.1. In the event that Permittor's consent to assignment is so obtained, Permittee shall be relieved of all liability arising from this permit and arising out of any act, occurrence or omission occurring after Permittor's consent is obtained. The Permittee's assignee must assume and agree to carry out all of the obligations of Permittee under this permit. 13. DEFAULT: 13.1. Definition: It shall be a default of this Permit if the Permittee fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and city governments, any terms of this Permit and/or the underlying lease. OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc 13.2 Action Upon Notice of Default: 13.2.1 In the event of default as provided above, the Permittor may, if it so elects, at any time thereafter, terminate this permit and the term hereof, on giving to the Permittee thirty (30) days notice (Notice of Default), in writing, of the Permittor's intention to terminate the Permit. 13.2.2. Alternatively, the Permittor may allow the Permittee to cure the default within thirty (30) days or, within that time, provide adequate assurance of future ability to cure the default. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third party acceptable to Permittor, a surety bond, or a letter of credit. The default must be cured within ninety (90) days of the notice of default. 13.3. Termination of Permit: Upon the expiration of either of the notice periods specified in Paragraph 13.2 above, and if the event causing the default is not corrected in a timely manner, this permit and the term hereof, together with any and all other rights and options of Permittee herein specified, shall expire and come to an end on the day fixed in such notice. 14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Permit shall be binding upon the parties, their successors and assigns, and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. RIGHT OF INSPECTION. Permittee will allow Permittor, or Permittor's agent, free access to the Premises at all reasonable times for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Permittor. 16. SURRENDER OF PREMISES: Permittee 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 Permittee, shall be and remain the property of the Permittor 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. Permittee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 17. INSURANCE: 17.1. Personal Property: It is agreed that Permittor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Permittee, Permittee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Permittor does not cover any of the personal property of Permittee, Permittee's invitees or other persons upon the Premises through its insurance. Permittee, its OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 17.2. Liability Insurance. The Permittee agrees to maintain in force during the term of this Permit a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto. 17.3. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Permittor and rated A-10 or better in "Best's Insurance Guides". Coverage's shall be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an additional insured. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days' prior written notice to Permittor. Permittee shall, not less than thirty (30) days prior to the expiration of such policies, furnish Permittor with renewals or "binders" therefor. Permittee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any additional premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. If the Permittee shall fail to procure and maintain said insurance the Permittor may, but shall not be required to, procure and maintain the same, but at the expense of Permittee. 18. LIMITATION UPON PERMITTOR'S LIABILITY. Permittor shall not be liable for any damage to property or persons caused by, or arising out of (a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (c) any act or omission of any Permittee or other occupants of the building, or their agents, servants, employees or invitees thereof. 19. INDEMNITY: Permittee covenants to indemnify and save harmless Permittor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Permittee or any of its agents, contractors, patrons, customers, or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in, 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 Permittor by reason of any such claim, except OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee, on notice from Permittor, shall resist or defend such action or proceeding forthwith. 20. HOLDING OVER: Permittee understands that upon expiration of the term of this permit, Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if, without execution of any extension or renewal of this permit Permittee should remain in possession of the premises after expiration or termination of the term of this permit, notwithstanding any extension of its sublease with Lessee, then the Lessee shall be in default of its lease, LAG 001-87 and Permittor may evict the Lessee and the Permittee. All the conditions, terms and provisions of this permit shall be applicable during such holding over. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Permittor of a breach by Permittee 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. 22. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefor, or sent by certified mail, to the following addresses: a) For the City of Renton: b) For the Permittee: Airport Manager Vaughn Ranch Airport 616 West Perimeter Road 6424 Mullinex Road. SE Renton, Washington 98055 Port Orchard, WA 98367 23. DISCRIMINATION PROHIBITED: 23.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex, national origin, or any other class of person protected by the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Permittee 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 Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 23.2. 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. OPERATING PERMIT 10 City of Renton to Aero-Tech Avionics, Inc 23.3. Application to Sub -leases: Subject to the provisions of Paragraph 12 of this Permit, Permittee agrees that it will include the above clause in all assignments of this lease or sub -leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub -leases. 24. 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 paragraph shall not, however, operate to excuse Permittee from the prompt payment of rent, or any other payment required by the terms of this Permit, to be made by Permittee. 25. CAPTIONS: Article and paragraph captions are not a part hereof. 26. ENTIRE AGREEMENT: This Pen -nit contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Permit may be modified in writing only, signed by the parties in interest at the time of the modification. In the event of conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee, the terms of this Permit supersede. 27. 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. 28. CORPORATE AUTHORITY: If Permittee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Permit on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Permit is binding upon said corporation in accordance with its terms. 29. TRANSFER OF PREMISES BY PERMITTOR: In the event of any sale, conveyance, transfer or assignment by Pennittor of its interest in the Premises, Permittor shall be relieved of all liability arising from this Permit and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. OPERATING PERMIT 11 City of Renton to Aero-Tech Avionics, Inc PF.RMTTTF.F.- Aero-Tech Avionics, Inc. a Washington corporation By Jack Stegman, CET FAA CRS:JATR518K its: Owner Date: PERMITTOR: THE CITY OF RENTON a Washington municipal corporation Kathy Keolker-Wheeler Mayor Date: ATTEST: By City Clerk Date: Approved as to legal form: City Attorney OPERATING PERMIT City of Renton to Aero-Tech Avionics, Inc 12 EXHIBIT A, page 1/2 ;,7e- rA as EXHIBIT A, page 2/2 lit 4 --J-44 Revision 03, December 23, 2003 BOEING EMPLOYEES FLYING ASSOCIATION AND AERO-TECH AVIONICS SUBLEASE AGREEMENT 1. Parties. This sublease is made between the BOEING EMPLOYEES FLYING ASSOCIATION, Inc., a Washington Corporation, of 840 West Perimeter Road, Renton, Washington 98055, (hereafter "Sublessor"), and AERO-TECH AVIONICS, Inc., a Washington Corporation, of 840 West Perimeter Road, Renton, Washington 98055, (hereafter "Sublessee"). Hereafter Sublessor and Sublessee are collectively referred to as the "Parties" and this Sublease Agreement shall hereafter be referred to as this "Sublease" or this "Agreement". 2. Premises. Sublessee agrees to sublease from Sublessor under the following TERMS and CONDITIONS premises at 840 West Perimeter Road situated in the City of Renton, County of King, State of Washington, described more particularly as: A. Interior Space: 576 square feet of interior office space at the Northeast corner of the "hangar building" as shown in Exhibit A (attached). B. Hangar Space: usage of the BEFA Hangar for purpose of avionics installation or repair on up to one aircraft not larger than a light twin. Hangar space does not include use shelving space or floor space for storage of equipment nor tools. C. Aircraft Tie Down: One (1) aircraft tie down space for storage of Sublessee customer aircraft. D. Parking Spaces: Parking spaces for up to Five (5) vehicles for use by Sublessee, its agents, employees, assigns, permissive users and, customers (hereafter "Sublessee and it's Third Parties"). These four (4) categories (Paragraph 2A through 2D above) of the property, being subleased by Sublessor to Sublessee, shall hereafter be referred to as the "Premises". 3. Sublease Term. Sublessor subleases to Sublessee the above Premises for a term of One (1) year commencing February 1, 2004, and terminating on January 31, 2005 (hereafter the "Lease Term"). 4. Rent: A. Base Monthly Rent. Sublessee agrees to pay Sublessor the sum of One Thousand One Hundred Sixty One and no/100 ($1,161.00) U.S dollars, payable in equal installments to Sublessor in advance on the first day of each month for that month's rental during the Sublease Term and for each and every month thereafter for as long as Sublessee occupies all or any portion of the Premises. However, only 50% of Base Monthly Rent shall be due for the first three months of the Lease Term, and only 75% of Base Monthly Rent shall be due for the second three months of the Lease Term. B. Rent for Extra Tie Down Spaces. Sublessee agrees to pay Sublessor BEFA's published daily or monthly public tie down rates, as applicable, for any tie down space(s) that may be required for storage of Sublessee customer aircraft in excess of tie down space specified in Paragraph 2C. C. Utilities. Sublessee will pay Sublessor 8% of all monthly utilities charged to Sublessor. Sublessor shall provide Sublessee, upon written request, copies of all bills and invoices for monthly utilities. Sublessee shall be solely responsible and liable for its own telephone service charges, if any, including both local and long distance service. All applications by Sublessee for additional utility services must be approved by Sublessor prior to submission to a utility service provider. D. Additional Expenses and Assessments. Sublessee shall pay, within Thirty (30) days of notification by Sublessor, a 10% proportionate share of any additional expenses, assessments, levies taxes or costs whether charged in regard to real or personal property or otherwise (hereafter Page 1 of 7OR A'' `�i Revision 03, December 23, 2003 "Levies") charged to S ublessor b y L essor, b y t he C ity o f R enton, t he S tate o f W ashington, t he Federal, other local or any and all other governmental or regulatory entities (hereafter all "Governmental Entities"). Sublessee shall also pay Sublessor all charges assessed against Sublessor as the result of Sublessee's equipment or improvements to the Premises. In the event there is any increase in charges by any Governmental Entities over and above the amount of such charges assessed for the tax year during which this Sublease commences (whether the result of increased tax rates or increased tax valuations) Sublessee shall pay Sublessor an amount equal to 10% of any such increased charges. In the event such charges are assessed for a period beyond the Term of this Sublease, Sublessee shall pay Sublessor that proportion of the increased charges applicable to the time which Sublessee occupied the Premises. In the event the lease rate charged Sublessor by the City of Renton is increased during the pendency of this Sublease (including any extensions thereof), the monthly rental rate charged Sublessee by Sublessor will be increased by the same proportion as the rental rate increase charged Sublessor by the City of Renton. E. Method of Payment. All payments to Sublessor under this Sublease shall be made to Sublessor at its address stated in paragraph one (1) above. 5. Late Payments. Sublessee acknowledges that late payments to Sublessor of any sums due according to this Sublease will cause Sublessor additional expense, the exact nature and amount of which are impossible to know at this time. Possible increased expenses may include, but are not limited to, processing and accounting charges, late charges imposed on Sublessor by it's creditors, Sublessor's time and expense to meet it's financial obligations absent the sums owed it by Sublessee. A. Payments Less Than Thirty (30) Days Past Due. If any payment by Sublessee is received by Sublessor and is late but less than Thirty (30) days after due, Sublessee shall pay Sublessor in addition to all other amounts owed, a late payment fee of Five (5) percent of all sums overdue but not less then Fifty and no/100 ($50.00) dollars. The Parties hereto agree that any late charges assessed Sublessee represent a fair and reasonable estimate of Sublessor's costs incurred by Sublessee's late payment. Acceptance of a late charge by Sublessor in no event constitutes a waiver of Sublessee's default nor prevents Sublessor from exercising any other rights and remedies available to Sublessor. B. Payments Greater Than Thirty Days Past Due. If any payment by Sublessee is received by Sublessor more than Thirty (30) days past due, Sublessee shall pay Sublessor a default interest rate of 1 % per month (hereafter the "Default Interest Rate") on all overdue sums. 6. Use Of Premises. Unless specifically approved by Sublessor and the City of Renton, Sublessee shall use the Premises only for the purpose of its avionics repair station, FAA CRS: JATR518K. No other uses of the Premises are allowed absent written permission to the contrary from Sublessor and the City of Renton. 7. Care And Maintenance of Premises. By taking possession of the Premises, Sublessee accepts the Premises as being in good, sanitary order, condition and repair. Sublessee shall, at its own expense, at all times maintain the Premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the Premises and shall surrender the same, at termination of this Sublease in as good condition as received, normal wear and tear excepted. Sublessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and those portions of systems that are common to all occupants. Sublessor shall maintain in good condition areas adjacent to the Premises, such as sidewalks, driveways, lawns and shrubbery. 8. Alterations. Sublessee shall make no alterations, additions, or improvements, in, to or about the Premises without the written consent of Sublessor. In the event Sublessor consents to any alterations, Page 2 of 7 Revision 03, December 23, 2003 additions or improvements the same shall be made at Sublessee's sole cost and expense and any general contractor or person selected by Sublessee to make such improvements shall first be approved, in writing, by Sublessor. Any alterations, additions, or improvements to the Premises shall, on the expiration of this Sublease become property of Sublessor and surrendered by Sublessee with the Premises. Upon the expiration, or sooner termination of this Sublease, Sublessee shall repair any damage to the Premises caused by any removal of Sublessee's property and/or fixtures. 9. Compliance with Law. Sublessee shall not use the Premises in any way that violates or conflicts with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be promulgated by any Governmental Entities (hereafter "All Laws") applying to The Premises. All Laws shall specifically include but not be limited to, all requirements by the City of Renton which are conditions to Sublessee's Operating Permit as issued by the City of Renton, and the Renton Municipal Airport Rules and Regulations. Sublessee shall, at its sole cost and expense, promptly comply with All Laws so that Sublessee's use of the Premises is consistently lawful and in full compliance with All Laws. Sublessee shall also comply with all requirements of all fire departments and fire department officials which have jurisdiction over The Premises and comply with all requirements or rules of all fire insurance underwriters (or similar bodies now or hereafter constituted) which affect Sublessee's policies of fire insurance on The Premises. In the event Sublessee fails to comply with the requirements of this paragraph, Sublessor may either terminate this Sublease and remove Sublessee or comply with All Laws, applying to the Premises and require reimbursement of all sums expended from Sublessee including interest at the Default Interest Rate and including the cost of enforcing this paragraph. 10. Assignment and Subletting. Sublessee shall not, either voluntarily or by operation of law, sublet, assign, transfer, mortgage, pledge, or encumber this Sublease or any portion or interest herein, or any right or privilege appurtenant to the either the Premises or to this Sublease Agreement, nor allow any other person to assign or sublet any portion of the Premises or This Sublease Agreement without prior written approval of Sublessor. Stock sale or a partial stock sale of the Subleasee's business to a third party shall be included as an assignment that requires this prior written approval of Sublessor. Any assignment or subletting by Sublessee, prior to becoming enforceable, shall also be subject to the prior written consent of the City of Renton. Consent to One (1) assignment, subletting, occupation or use shall not be deemed consent to any subsequent assignment, subletting, occupation or use. Any assignment or subletting without proper consent shall be void and shall constitute a breach of this Sublease. 11. Entry and Inspection. While this Sublease allows Sublessee to use the Premises to conduct its avionics repair station business, it does not allow Sublessee exclusive access to the Premises, nor does it give Sublessee the right to exclude Sublessor, its agents, assigns, or employees from the Premises. Sublessor may enter the Premises described in Paragraph 2(A) above at reasonable times to inspect the same, to service utility equipment, or to discuss various matters with Sublessee. Sublessor may also, within Sixty (60) days prior to the expiration of this Sublease, place signs advertising the Premises for sublease and permit persons interested in leasing the Premises access to the same. 12. Insurance. S ublessee, at its own expense, shall maintain a policy of comprehensive insurance, naming Sublessor and the City of Renton as additional insured, which includes coverage for any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. This comprehensive insurance shall also cover, among other things, damage to the Premises, damage to both Sublessor's and Sublessee's property on or about the Premises and damage to both the Sublessor and its Third Parties and to Sublessee and its Third Parties. The limit for such insurance shall be a minimum of One Million and no/100 ($1,000,000.00) dollars. Any limitations of this insurance shall not limit the liability of Sublessee to Sublessor. Sublessee may carry required insurance under a blanket policy, providing, however, said insurance by Sublessee shall include a Landlord's protective liability endorsement. If Sublessee fails to procure and maintain required insurance, Page 3 of 7 Revision 03, December 23, 2003 Sublessor may, but shall not be required to, procure and maintain required insurance, but at Sublessee's expense. Sublessee shall deliver to Sublessor, copies of insurance policies required by this Sublease, payment thereof, and certificates evidencing the existence, amount and currency of such insurance with loss payable clauses satisfactory to Sublessor. No policy shall be cancelable or subject to reduction except after Thirty (30) days' prior written notice to Sublessor. 13. Indemnification of Sublessor. Sublessee hereby agrees to hold Sublessor harmless from any and all claims damages (including but not limited to fines, penalties regulatory or criminal actions or prosecutions) relating to the Premises during the Sublease Term. Sublessee shall hold Sublessor harmless from such claims whether the result of Sublessee's negligence or not. It shall be Sublessee's duty to defend Sublessor against all actions and claims whether civil, criminal, regulatory or otherwise and whether commenced by an individual a business or a public or governmental or other entity. Furthermore, Sublessee shall keep Sublessor fully informed of all actions concerning all claims and disputes relating to the Premises and shall provide Sublessor with a copy of all correspondence and documents concerning the same. Sublessee shall defend The Premises against all potential liens and remove all liens and encumbrances of any nature what -so -ever against the Premises or against Sublessor arising f rom the Premises, including but not limited to any and all claims arising under paragraph twelve (12) above. Sublessor, in its sole discretion, may independently defend any claim arising from the Premises and collect the costs of this defense including the costs of recovering all sums due under this paragraph, from Sublessee. This paragraph does not alter any requirement imposed on the Sublessor, herein, by its lease with the City of Renton. 14. Damage or Destruction of Premises. In the event of a partial destruction of the Premises, from any cause, during the Term of this Sublease this Sublease shall not terminate. Sublessor shall decide whether to repair the Premises. If repair is undertaken, prior to expiration of the Term of this Sublease Sublessee shall be entitled to a proportionate reduction of rent, based upon the extent that repairs interfere with Sublessee's use of the Premises. However, no reduction of rent shall apply if the destruction was caused by Sublessee or Third Parties to whom Sublessee is providing services. In that event Sublessee shall be responsible for damages caused to the subleased property and/or Sublessor's property, and for damages resulting from any business disruption of Sublessor, and Sublessee shall take immediate steps to repair the premises to a condition at least as good as that immediately prior to the destruction, and all such repairs shall be in compliance with all legal requirements in effect at the time or repair, all of which shall be the responsibility for and at the expense of Sublessee. If Sublessor elects not to repair the Premises this Sublease may be terminated at the option of either Party. Sublessee is entitled to no compensation or damages from Sublessor for loss of use of the whole or any part of the Premises or from damage to Sublessee's property or as the result of any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration. 15. Condemnation/Eminent Domain. If the Premises or any part thereof or any estate therein, or any other part of the Premises materially affecting Sublessee's use thereof shall be condemned or taken by eminent domain, this Sublease shall not terminate. Instead, Sublessee's rent shall be diminished in that proportion by which the Premises condemned or taken bears to the total Premises. If that portion of the Premises condemned or taken by eminent domain exceeds Fifty (50) Percent of the Premises either Party may terminate this Sublease. Sublessee shall not be entitled to any part of any award to Sublessor for such condemnation or taking by eminent domain or for any payment in lieu thereof. 16. Sublessor's Remedies on Default. If Sublessee defaults in the payment of rent, or any additional charges required under this sublease, or defaults in the performance of any of the other covenants or conditions in this Sublease, Sublessor may give Sublessee notice of such default and if Sublessee does not cure any such default within Ten (10) days, after the giving of such notice (or if the default is of a nature that it cannot be completely cured within Ten (10) days, if Sublessee does not commence curing the default within Ten (10) days and thereafter proceed with reasonable diligence and in good faith to cure Page 4 of 7 Revision 03, December 23, 2003 the default), then Sublessor may terminate this Sublease on not less than Ten (10) days notice to Sublessee. On the date specified in such notice this Sublease shall terminate, and Sublessee shall then quit and surrender the Premises to Sublessor, but Sublessee shall remain liable to Sublessor as herein provided. If this sublease shall have been so terminated by Sublessor, Sublessor may at any time thereafter resume possession of the Premises and remove Sublessee or other occupants and their effects from the Premises. 17. Signs. All signs which Sublessee wishes to place on or about the Premises must be approved by Sublessor, in writing, prior to being posted or installed. 18. Security Deposit. Sublessee shall deposit with Sublessor by commencement of the Sublease Term of this Sublease the sum of One Thousand One Hundred Sixty One and no/100 ($1,161.00) dollars as security for the performance of Sublessee's obligations under this Sublease, including without limitation the surrender of possession of the Premises to Sublessor as herein provided. If Sublessor applies any part of the deposit to cure any default of Sublessee, Sublessee shall on demand deposit with Sublessor the amount so applied so that Sublessor shall have the full deposit on hand at all times during the term of this Sublease. Sublessor shall return the balance of Sublessee's deposit within Thirty (30) days of Sublessor's removal of all property from the Premises and return of the Premises to Sublessor in a clean, sanitary and rentable condition. 19. Approval of This Sublease by The City of Renton/Subordination. The Parties to this Sublease understand that to take affect this Sublease must be approved in writing by the City of Renton. If this Sublease is not approved by the City of Renton this Sublease shall not take affect and Sublessee shall, within Fifteen (15) days of notice by Sublessor, remove all possessions from the Premises. Further, if Sublessor's lease or other rights to (including the right to sublet) the Premises are terminated, impaired o r m aterially c hanged by the City of Renton (or any successor in interest) all of Sublessor's obligations to Sublessee (including all of Sublessor's obligations under this Sublease) shall terminate. Specifically Sublessor shall not be responsible to Sublessee for any harm which is due to the premature termination, impairment or material changes to Sublessor's Lease by the City of Renton. This Sublease is and shall continue to be subordinated to the rights of the City of Renton (Sublessor's landlord) all existing and future liens and encumbrances upon the Premises. 20. Attorney's Fees. In the event that legal fees are incurred to enforce any provision of this Sublease, or as the result of any act arising from Sublessee's occupation of the Premises, the prevailing party shall be entitled to all costs, legal fees and expenses incurred in connection with such action, including appeals and including the cost of collecting all sums due pursuant to this paragraph. 21. Waiver and Cumulative Rights. Sublessor's failure to enforce any provision of this Sublease shall not constitute a waiver of any provision, right or remedy contained in this Sublease. Further, no remedy or election hereunder shall be deemed exclusive but shall be cumulative with all other rights and remedies provided by this Sublease, by law or in equity. 22. Notices. Any notice permitted or required by either party shall be given by hand delivery to the other Party at the addresses specified in paragraph one (1) above, or by mailing to such other location as either Party may designate. Page 5 of 7 Revision 03, December 23, 2003 23. Heirs, Assigns, Successors. This Sublease, subject to the requirements of assignment herein, shall bind the Parties their heirs, assigns and successors in interest. 24. Notice of Termination of This Sublease and Holdover. Prior to Ninety (90) days before the end of this Sublease Term, either party shall notify the other of their intention to either terminate or extend this Sublease. If neither Party provides such notice and Sublessee continues in possession of the Premises this Sublease shall continue on a -month -to -month basis on the same terms stated herein until a minimum of Thirty (30) days written notice is given by either Party to the other of that Party's intent to terminate this Sublease or until such time as the Parties enter into a new Sublease Agreement. 25. Assignment For The Benefit Of Sublessee's Creditors. It shall be considered a material breach and default if Sublessee makes any assignment or arrangement what -so -ever for the benefit of creditors whether or not such assignment pertains to the Premises or if Sublessee or any entity files a petition to have Sublessee adjudged bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy, or the appointment of a trustee, receiver or referee to take possession of part or all of Sublessee's assets or of Sublessee's interest in this Sublease, or attachment, execution or other seizure of Sublessee's assets or of Sublessee's interest in this Sublease. 26. Radon Gas Disclosure. As required by law, Sublessor states: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Additional information regarding radon and radon testing may be obtained from your county public health unit. 27. Headings. The titles and headings are included in this for the purpose of clarityonly and shall not limit the construction, meaning or interpretation of terms herein. 28. Time Is of The Essence. Time is of the essence in enforcing all provisions of this Sublease. 29. Material Breach. Violation of any provision of this Sublease shall be material and shall allow the non - breaching party all remedies under this sublease or by law. 30. Applicable Law. This Sublease shall be governed by and interpreted according to the laws of the State of Washington. Venue of any action adjudicating the Parties rights and obligations according to this Sublease shall be King County, Washington. 31. Severability. Any provision or provisions of this Sublease which may be deemed invalid, void or illegal shall in no way affect, impair or invalidate any other provisions of this Sublease, which shall remain in full force and effect. 32. Entire Agreement. This Sublease contains agreements between the Parties hereto with respect to the Premises. All prior agreements between the Parties pertaining to the Premises shall, if not previously terminated, terminate by execution of this Sublease unless any alleged previous agreement(s) are both attached to this Sublease as an Exhibit and referenced above. No provision of this Sublease may be changed, amended or revised except by a written document signed by all Parties or by their respective successors in interest. This Sublease shall not be effective or binding on any Party until the conditions precedent to validity of this Sublease Agreement have been satisfied and this Sublease Agreement has been executed below by the Party against whom enforcement is sought. Page 6 of 7 Revision 03, December 23, 2003 Each signor below swears, under penalty of perjury, under the laws of the state of Washington that he is duly authorized to execute and deliver this Sublease on behalf of each individual and his separate and community and on behalf of each corporation in accordance with duly adopted resolutions or by-laws and that this Sublease is binding upon said individuals and corporation stated below in accordance with the terms of this Sublease. Date: By: Ste aK resident and auth ized agent for Aero-Tech Avionics, Inc. (Sublessee) Date: By: Authorized agent for The City of Renton 12 - z3 v U Howard W. Wolvington President and authorized agent for Boeing Employees Flying Association, Inc. (Sublessor) Page 7 of 7 EXHIBIT A, page 1/2 17 rA EXHIBIT A, page 2/2 ii oh T:- Renton City Council Renton City Mayor 1055 S. Grady Way Renton WA 98055 Subject: Request for Revision to Noise Ordinance February 25, 2004 2720 SE 16th Street Renton WA 98058 CITY OF REIN i)Li5 Pm RECEIVED CITY CLERK'S OFFICE Havid bellverc-d Enclosures: #1. Bellevue Noise Ordinance Chap. 9.18 NOISE CONTROL; Sections 9.18.015.G & 9.18.020.4 #2. Tukwila Municipal Code Chap. 8.22.110.10 Public Disturbance Noises section covering power outage. In order to eliminate confusion, it is requested you initiate the subject ordinance revision to include Portable Emergency Generators. This would assist the police department and the residents of Renton during times of power failure. We are enclosing similar ordinances from two adjacent cities. It is recommended the following definition and exception be incorporated into the city noise ordinance: Definition: "Generator, Portable" means an electricity generating device that is not permanently mounted and uses temporary wiring to supply electrical service. Exemption: Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage. Some details that you may wish to include are listed below: • Applies only to portable generators used for emergency power at a single-family residence, otherwise the permanently installed generation equipment dB requirements apply. • Generators may be run at all hours only when normal electrical power is not available from the primary supplier. • Generators must have the manufacturer's emission equipment and noise suppression installed. • Generators must be shut down immediately after power restoration. • Portable Generator testing permitted only during hours between 9 am and 4 pm and no more than 15 minutes in any week. • Maximum size (10 kW) to be classified as portable emergency generator. (A 200 kW diesel generator -set on wheels does not qualify) • Generator may not be located within 25 feet of an inhabited structure other than the one it is serving. Sincerely,(( Carole D. Goss Ronald . Goss (425) 255-5336 2 Bellevue Noise Ordinance . Chapter 9.18 NOISE CONTROL Sections: _ 9.18.010 Purpose. 9.18.015 Definitions. 9.18.020 Exemptions. 9.18.025 Identification of environments. 9.18.030 Maximum permissible environmental noise levels. 9.18.040 Noise disturbances. 9.18.041 Robinsglen Community Park and Lake Hills Greenbelt Access Areas — Designated as quiet zones. 9.18.042 Noise prohibited in quiet zones. 9.18.043 Quiet zone signs. 9.18.044 Posting notice of construction hours. 9.18.045 Development restrictions. 9.18.046 Variance. 9.18.050 Violation — Penalty. 9.18.060 Administration and authority. 9.18.070 Repealed. 9.18.080 Construction — Severability. 9.18.010 Purpose. The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. The intent of the city council is to control the level of noise pollution in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment; by establishing maximum environmental noise levels applicable within designated areas or zones of the city and to declare certain noise producing activities to be noise disturbances. (Ord. 4241 § 2, 1991.) 9.18.015 Definitions. All terminology used in this chapter which is not defined below shall be interpreted in conformance with the most recent definitions used by the American National Standards Institute (ANSI) or its successor body. A. "Arterial" means a principal, minor or collector arterial as now or hereafter defined in the city's comprehensive plan, Policy TR-39. B. "A -weighted sound level" means the sound pressure level in decibels measured using the "A" -weighted network on a sound level meter as specified by the American National Standards Institute specification for sound level meters as now existing or as hereafter amended or modified. The level so read is designated dBA. C. "Construction" means any site preparation (including blasting), assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights -of - way, structures, utilities or similar property. D. "Decibel (dB)" means a unit for measuring the volume of sound. E. "EDNA" means environmental designation for noise abatement, which is an area within which maximum permissible noise levels are established by the Washington State Department of Ecology and this code. F. "Emergency work" means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities to provide or restore immediately necessary utility service. G. "Generator, portable" means an electricity -generating device that is not permanently mounted and uses temporary wiring to supply electrical service. H. "Generator, stationary" means an electricity -generating device with noise attenuation that is permanently mounted and uses permanent wiring to supply electrical service. I. "Heavy equipment" means backhoes, concrete mixing and pumping trucks, compactors/rollers, cranes, dozers, dump trucks, excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers, portable crushers, tractors, trailer -mounted woodchippers, trenchers, or other pieces of equipment that generate similar levels of noise. J. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay, with a peak value exceeding the ambient level by more than 10 dBA. K. "Ldn" means the day -night average sound level which is a 24-hour energy average of the A - weighted sound pressure level where 10 dBA is added to nighttime noise levels from 10:00 p.m. to 7:00 a.m. before averaging. L. "Legal holiday" means Sundays and holidays as defined by the city of Bellevue and in RCW 1.16.050 as now exists or as hereafter amended or modified. M. "Leq" means the equivalent A -weighted sound level which is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time -varying A - weighted sound. N. "Noise disturbance" means any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which unreasonably injures or endangers the comfort, repose, health, hearing, peace, or safety of persons or animals. O. "Pure tone component" means any sound which can be distinctly heard as a single pitch or a set of single pitches. A pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five decibels for center frequencies of 500 Hz and above, by eight decibels for center frequencies between 160 Hz and 400 Hz, and by 15 decibels for center frequencies less than or equal to 125 Hz. P. "Receiving property" means real property within which sound originating from outside the property is received. Q. "Sound level" means a weighted sound pressure level measured by the use of a sound level meter using an A -weighted network and reported as decibels, dBA. FA R. "Sound level meter" means a device which measures sound pressure levels and conforms to Type I, S 1 A, Type II or S2A, as specified in the American National Standards Institute Specification Section 1.4 (1971) as now exists or as hereafter amended or modified. S. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle backup signal. T. "Weekday" means any day Monday through Friday which is not a legal holiday. U. "Weekend" means Saturday, Sunday and any legal holiday. (Ord. 5300 § 1, 2001; Ord. 5194 § 1, 2000; Ord. 4996 § 3, 1997; Ord. 4241 § 2, 1991.) 9.18.020 Exemptions. A. The following sounds are exempt from the provisions of this chapter: 1. Sounds caused by natural phenomena or wildlife; and 2. Unamplified sounds created by domestic animals as permitted by BCC Title 20, or as regulated by Chapter 8.04 BCC; and 3. Sounds created by emergency equipment and work necessary for law enforcement or for the health, welfare and safety of the community; and 4. Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and 5. Sounds created by stationary generators that do not exceed a sound level of 75 dBA at any property line during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and 6. Sounds originating from aircraft in flight; and 7. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; and 8. Sounds created by watercraft when regulated by Chapter 173-70 WAC; and 9. Sounds created by surface carriers engaged in interstate commerce by railroad; and 10. Sounds created by safety and protective warning devices where noise suppression would render the device ineffective; and 11. Sounds created by existing electrical substations and stationary equipment used to convey water, wastewater or natural gas by a utility; and 12. Sounds from existing industrial installations which exceed standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of normal necessity and/or demonstrated routine normal operation. Changes in working hours, which would increase the average day -night sound level (Ldn), require written approval of the director of design and development pursuant to subsection E of this section. B. The following sounds are exempt from the provisions of this chapter at all times if the receiving property is in Class B and Class C EDNAs, and between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends if the receiving property is located in a Class A EDNA: 1. Sounds created by bells, chimes and carillons not operating continuously for more than five minutes in any one hour; and 2. Sounds created by the repair or installation of essential utility services and streets; and 3 3. Sounds relating to temporary repair, addition or maintenance projects on existing single- family homes, grounds and appurtenances (except that sounds created by heavy equipment will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and 4. Sounds emanating from officially sanctioned parades or other civic events; and 5. Sounds emanating from discharge of firearms on legally established shooting ranges; and 6. Sounds created by repairing, rebuilding, modifying, operating or testing any motor vehicle or internal combustion engine (except for portable and stationary generators located in a Class A EDNA which are exempt only during the hours of 9:00 a.m. to 6:00 p.m. daily when electrical service is available from the primary supplier and except for heavy equipment, which will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and 7. Sounds created by commercial business activity including, but not limited to: handling containers and materials; or sweeping parking lots and streets (except sweeping parking lots of businesses engaged n (2—.S4! jsg1TLE 8 — PUBLIC PEACE, MORALS AND SAFETY 8.22.040 Maximum Permissible Sound Levels For sound sources located within the City, the maximum permissible sound levels are as follows: District of District of Receiving Property within City Sound Source Residential Cormnercia! Industrial Residential 55 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) 65 dB(A) 70 dB(A) (Ord 2002 §1(part), 2002) 8.22.050 Modifications to Maximum Permissible Sound Levels The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following: 1. Between the hours of 10:001'M and 7:OOAM during weekdays, and between the hours of 10:00PM and 7:OOAM on weekends, the levels established by TMC 8.22.040 are reduced by 10 dB(A) where the receiving property lies within a residential district of the City. 2. For any source of sound that is periodic, that has a pure tone component, or that is impulsive and is not measured with an impulse sound level meter, the levels established by this chapter shall be reduced by 5 dB(A); provided, however, that this 5 dB(A) penalty for the emission of sound having a pure tone component shall not be imposed on sounds listed as exempt under TMC 8.22.140 and 8.22.150. 3. For any source of sound that is of short duration, the levels established by this chapter are increased by: a. 5 dB(A) for a total of 15 minutes in any one -hour period; or b. 10 dB(A) for a total of five minutes in any one -hour period; or c. 15 dB(A) for a total of 1.5 minutes in any one -hour period. (Ord. 2002 §I (part), 2002) 8.22.060 Motor Vehicle Sound Levels - Created by Operation It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of 50 feet from the center of the lane of travel pursuant to WAC 173-62-030: 45 mph Over Vehicle Categ2!1 or less 45 mph Motor vehicles over 10,000 pounds GVWR or GCWR 86 dB(A) 90 dB(A) Motorcycles 78 dB(A) 82 dB(A) All other motor vehicles 72 dB(A) 78 dB(A) (Ord 2002 §1(part), 2002) 8.22.070 Muffler Requirements It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. (Ord. 2002 §I (part), 2002) 8.22.080 Modification of Motor Vehicles It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative -- other than for purposes of maintenance, repair, or replacement -- any muffler or sound dissipative device on a motor vehicle that is operated on the City's streets. (Ord. 2002 91(part), 2002) 8.22.090 Tire Noise It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. (Ord. 2002 §1(part), 2002) 8.22.100 Motor Vehicle Exemptions Sounds created by motor vehicles are subject to the provisions of TMC 8.22.060 through 8.22.090 and are exempt from the maximum permissible sound levels of TMC 8.22.030 through 8.22.050; except for sounds created by any motor vehicles when the sounds are declared public disturbance noises pursuant to TMC 8.22.120; and except for sounds created by any motor vehicle operated off public highways when the sounds are received within a residential district of the City. (Ord 2002 §1(part), 2002) 8.22.110 Public Disturbance Noises In addition to sounds that exceed the maximum permissible sound levels described in this chapter, it is unlawful for any person to cause, or for any person to allow to be emitted, or for any person in possession of property to allow to originate from the property, a sound that unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property without regard to sound level measure - ment. Such noises are determined to be public disturb- ance noises. The following sounds are determined to be public disturbance noises. TUKWILA MUNICIPAL CODE 1. Frequent, repetitive or continuous sounds, including, but not limited to, barking or howling, made by any animal; except, that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and otherwise in compliance with the Tukwila Municipal Code shall be exempt from this subsection; 2. Frequent, repetitive or continuous sound- ing of any hom or siren attached to a motor vehicle, except as a warning of danger or as specifically permit- ted or required by law; 3. Frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off -highway vehicle, watercraft, powered model vehi- cle, or internal combustion engine so as to unreason- ably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Yelling, shouting, hooting, whistling or singing on or near the public streets, or using voice amplification to amplify one's voice, particularly between the hours of 10:00PM and 7:OOAM, or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property, regardless of the content of any speech that may be conveyed; 5. Frequent, repetitive or continuous sounds including, but not limited to, sounds from musical instruments, audio sound systems, band sessions or social gatherings, that emanate from any building, structure, apartment, condominium or yard or parking lot adjacent thereto; or sounds that emanate from vacant lots so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 6. Amplified sounds upon public streets for the purpose of attracting the attention of the public to the speaker, any vehicle, structure, or property or the contents therein, except those vendors whose sole method of selling is from a moving vehicle licensed to operate in the City of Tukwila, shall be exempt from this subsection; 7. Sounds from any motor vehicle audio sound system, including but not limited to, sounds from a tape player, radio or compact disc player, oper- ated at a volume so as to be audible at a distance greater than 50 feet from the vehicle itself; 8. Sounds from any portable audio equip- ment, including but not limited to, sounds from a tape player, radio or compact disc player, operated at a volume so as to be audible at a distance greater than 50 feet from the source. This provision shall not apply to such sounds from regularly scheduled events or activ- ities at recreational facilities, including but not limited to, public address systems for park and game events or concerts or similar park or recreation activities; 9. Frequent, repetitive or continuous sounds in connection with construction, maintenance, repair of structures and grounds, or the movement of construction -related materials including, but not limited to, striking or cutting sounds from hammers, saws, or equipment with electrical or internal combustion engines so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; provided, however, such sounds shall be exempt from this provision under the following circumstances: a. If emanating from commercial and industrial areas if the receiving property is not located within the residential district of the City; or b. If emanating from temporary construction sites during the hours of 7:OOAM through 10:OOPM, Mondays through Fridays and during the hours of 8:OOAM through 10:00PM, Saturdays, Sundays, and State -recognized holidays; provided the receiving property is located within the residential district of the city; c. If emanating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances during the hours of 7:OOAM through 10:00PM, Mondays through Fridays, and during the hours of 8:00 AM through 10:00PM Saturdays, Sundays, and State -recognized holidays; 10. Sounds created by emergency equipment when not activated in the interest of law enforcement, / when not activated to perform emergency work as J / defined in TMC 8.22.020, or when not activated in response to a power outage requiriq activation to preserve the ealth an sa ety of persons or to prevent harm to property; and when such sounds unreason- ably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (Ord. 2002 §1(part), 2002) 8.22.120 Exempted Noises No sound source specifically exempted from a maximum permissible sound level by this chapter shall be a public disturbance noise, insofar as the particular source is exempted. (Ord. 2002 §1(partl, 2002) 8.22.130 Sounds Exempt at All Times The following sounds are exempt from the provisions of this chapter at all times: 1. Sounds originating from aircraft in flight and sounds that originate at airports and that are directly related to flight operations; 2. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device; 3. Sounds created by fire alarms; 4. Sounds created by emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Page 8-18 Printed January 14, 2003 From:. Kathy Keolker-Wheeler To: DavidJ1061 Caol.com Date: Mon, Feb 23, 2004 2:44 PM Subject: Re: Street Racing, Noise, and Public Safety i Mr. and Mrs. Jackson, Thank you for your email reporting streeting racing activity in your neighborhood. I've asked our Police Chief to look into this matter. You can be sure that I will contact you as soon as I receive the Police Chief's report. Sincerely, Kathy Keolker-Wheeler Mayor >>> <DavidJ 1061 @ aol.com> 2/21 /2004 12:04:56 PM >>> Dear Mayor and City Council Members: It's Saturday morning, and we have just gotten a poor night of sleep due to the tremendous number of cars ("racers") speeding and producing high noise levels at our home and adjacent neighborhood homes, overnight on the north and south lanes of State Route 167, and adjacent Renton City streets. This is an ongoing problem that started about 2-years ago or more, and continues to grow worse. Typically we are hearing and seeing, very loud, speeding foreign compact cars running north and south on SR 167 and adjacent Renton City streets, on Friday and Saturday nights, starting at 12 midnight, and continuing, according to the conversation we had at about 1AM with Renton Officer Edwards, until 4 or 5AM in the morning. Officer Edwards apparently was stationed at the Ikea store parking lot, chasing off "200 (racers/modified foreign cars) cars" that the Ikea owner wanted off his lot. He indicated that there was only one (1) officer on duty (him) in South Renton, which contradicts information given to me by Renton Police Deputy Chief Melosovitch last week, when he said there are two (2) officers assigned to south Renton patrol on the night shift, and that they would assist each other in enforcement of the law. It appears that we (south Renton) are not getting the manpower on the streets that is stated. What's going here? We know that the Renton City Police are aware of this problem, and it appears, except for enforcement of trespass laws at business locations west of SR167, they have little interest in pursuing "racers" speeding, on SR 167, 1-405, into Renton via Renton City streets. These racers are "commandeering" our highways and streets, and Renton's lack of enforcement or a "presence" has in essence promoted, in the minds of these lawbreakers, that they are not at risk for being cited for breaking any number of City and State laws, including but not limited to speeding, high -risk weaving through traffic, excessive noise caused by modified mufflers. How about putting some police officers in south Renton at midnite Fridays and Saturdays who will circulate along the same routes as the racers? Renton police officers have every right to patrol along SR 167, to protect the public from these criminals. Jurisdictional disputes have no place in resolving this problem. I've talked with a Kent police officer (Sgt) who explained that Kent has assigned three (3) officers every Friday and Saturday night to keep street racers out of Kent. This same officer told me that they chase the racers out of Kent, and then they all go to Renton, because they (the racers) know that Renton is "easy" on them. That's not the kind of reputation that Renton what's -- is it? Renton needs to step up to the plate and participate in the Street Racing Task Force that Kent, Tukwila, State Patrol, and other jurisdictions are currently involved in. This will benefit Renton City residents directly by minimizing the impact of speeding and noisy racers in around our city. The City of Renton must pay attention to this issue -- street racing is a PUBLIC SAFETY problem., and it does exist ... ask the typical cop on the street, not the Chief. They know what's going on out there, and are very concerned. I urge you to move to order the Police Dept to assign at least two (2) officers to south Renton (as portrayed by the Deputy Chief), and one (1) additional officer for Friday and Saturday nights (11:30PM - 5AM) patrol in the south Renton area, covering SR167, and west of SR167, to show force, and handle these out of control lawbreakers on our streets, before someone else is killed, as in the collision as a result of racing that occurred last year in Renton. In addition, does the City have a noise ordinance that might apply to this situation? The noise levels from these racers is very high, and disturbs many neighbors in our community. We understand that last night there were many calls to 9-1-1 concerning this problem. What about enforcing the noise ordinances? Officers must have some latitude to issue tickets even if they do not have a high-tech decibel meter, that has been calibrated in the last 24 hours! Please let me know what you intend to do regarding this matter. Thank you - David and Diane Jackson "Sleepless in Renton" 2419 Talbot Crest Drive S. Renton, WA 98055 424/228-1964 email: davidi1061 @aol.com CC: Anderson, Garry; Citizens to Council Via Clerk; Covington, Jay CITY OF RENTON, WASHINGTON RESOLUTION NO. 306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, UPDATING THE MEMBERSHIP OF THE CITY'S LODGING TAX ADVISORY COMMITTEE. WHEREAS, in 1997, the City of Renton established a Lodging Tax Advisory Committee to serve the functions described in RCW 67.28.1817; and WHEREAS, the Lodging Tax Advisory Committee now has different committee members than those named in the original resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The membership of the City of Renton Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist of the following five members: the Chamber of Commerce President, two representatives of the Renton lodging industry, the Community Relations Manager of the City of Renton, and an elected official of the City appointed by the City Council who shall serve as chair. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. SECTION III. Except as revised by this Resolution, the text of Resolution #3288 remains in full force and effect. 1 r RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2004. Approved as to form: Lawrence J. Warren, City Attorney RES.1035:2/23/04:ma 2 Kathy Keolker-Wheeler, Mayor "GOOD NEWS" ANNOUNCEMENTS February 25, 2004 • Nelsen Middle School swept the Mt. Rainier Chapter of the MathCounts competition again this year. Nelsen's team, headed by math teacher Roberta Wheatley, placed first in the competition. In the individual competitions, five of the top 10 students were from Nelsen: - 1 S` Place was Megan Wong, - 2°d place was Keiko Hiranaka, - 5`h place was Hayden Gluck - 6th place was Thao Truong, and - 7`h place was Brandt Wong. Individual students and the coach of the top team will continue to compete to earn an all -expense paid trip to Washington, D.C., for the annual MathCounts National Competition in May. • Students at Cascade Elementary School recently completed a food drive. Principal Joe Budde refers to the February drive as a "Spread the Love" donation event. Even though no prizes are given for donations, students collected more than 900 items for the Renton Food Bank. • Cheryl Sundberg and Brian Lockhart, teachers at Lakeridge Elementary School, have been awarded the VFW National Citizenship Education Teacher Award. The Award recognizes the area's top elementary, junior high and high school teachers who teach citizenship education and promote America's history and traditions. Cheryl and Brian each received a medallion, a certificate and $50. • Highlands Elementary School first -grade teacher Marian Tasa recently won a $500 grant from the Kiwanis Club. Marian will use the money to purchase Scholastic books for students. • Benson Hill Elementary School librarian Beth Budinich recently received a $500 grant from the School, Home, and Office Products Association. The "Kids In Need" grant will be used to purchase books on tape to add to the existing library that was established as a result of a Starbuck's grant awarded to Benson Hill staff earlier this year. Books on tape are available for student check-out thanks to the support of these two grants. • Renton High School basketball players were recently honored by the Seamount League, King Division. Senior Steffond Brown was selected as Player of the Year for Boy's Basketball; Sophomore Latrina Woods was selected as Player of the Year for the Girl's Basketball. Both were also chosen for the all -league teams. Additionally, seniors Lael Johnson and Jeffery Burns were voted to the Seamount League second team. Senior Erica Rance and sophomore Brittany Jackson received Honorable Mention for their contributions. (Renton's boys' team won the Class 3A tournament last night beating Clover Park 76 to 43. With a record of 21 wins and 2 losses, Renton now moves on to the state tournament in the Tacoma Dome next week. Renton and Lindbergh girls' teams will play tonight in the 3A tournament. The winner will play again on Friday at 6 p.m. for a chance to play in the state tournament.) • Hazen High School gymnast Brynn Stenslin received the Sportsmanship Award at the recent state gymnastics competition. Additionally, she placed fifth overall on the vault, seventh overall on the bar and ninth overall on the floor. • Hazen High School graduate Aaron Young has been honored by the Office of Minority Affairs at the University of Washington. Aaron is in the Educational Opportunity Program (EOP) who have made great strides in their academic achievements. Students are nominated by their academic advisor/counselor. Aaron was the recipient of the Merit Award, Winter Quarter, 2004. • Cascade Elementary School teacher Harvey Sadis is teaching his students various lessons in reading, writing, math and other subjects using a very unconventional method: Shakespeare. Students in Harvey's class are learning Shakespeare's A Midsummer Night's Dream in Shakespearean libretto to present to parents and the public in May. For the past two years, Harvey has raised funds from patrons of the arts to take students to area Shakespeare festivals and treat them to the language and culture that is Shakespeare. He then uses that knowledge in the classroom and in preparing the students for their play. • Renton Rotary has named their Students of the Month for February: Minh-Tuy Dinh, a Renton High School senior, has lettered in cross country, gymnastics, volleyball and fast -pitch softball. She received the school's Incredible Indian award in academics and recognition for her American Sign Language skills. Minh is fluent in Vietnamese and is involved in DateWise, a program that raises awareness about dating violence. Dinh plays the violin and enjoys crafts. She works part time in a fitness club and enjoys reading and volunteering. She plans to study to be an orthodontist. Stephanie Yates, a Lindbergh High School senior, is captain of the school's varsity cheerleading squad. She loves to paint, draw and dance. Her photography won first place in the PTA Reflections awards. Stephanie volunteers for Meals on Wheels, Benson Junior Football, the Giving Tree and the Nelsen Middle School dance team. She plans to major in business with a minor in art. Jessi Budden, a Hazen High School senior, loves music and has sung with two of the school's three choirs. She plays guitar and is involved in the drama club and theater program. Jessi has been a Link Crew leader, helping incoming freshmen adjust to high school, and took part in student government and school sports. Jessi works at Hazen's main office and as a lifeguard at the school's swimming pool. She plans to attend the Brian Utting School of Massage and work as a massage practitioner, then work in a doctor's office, hospital or clinic.