HomeMy WebLinkAboutCouncil 06/27/2005AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
June 27, 2005
Monday, 7:30 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATIONS:
a. Government Finance Officers Association Comprehensive Annual Financial Report Award
b. Association of Washington Cities Achievement Award of Excellence - REACT Program
4. PUBLIC HEARING:
Multi -family housing property tax exemption modification to existing targeted areas
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.)
When you are recognized by the Presiding Officer, please walk to the podium and state your name
and address for the record, SPELLING YOUR LAST NAME.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of June 20, 2005. Council concur.
b. City Clerk reports bid opening on 7/22/2005 for CAG-05-073, 2005 Street Overlay; three bids;
engineer's estimate $907,765.10; and submits staff recommendation to award the contract to the
low bidder, Western Asphalt, Inc., in the amount of $875,181.04. Council concur.
c. Development Services Division recommends acceptance of the dedication of additional right-of-
way at the corner of Park Ave. N. and N. 34th St. to fulfill a requirement of the Park Ave. Short
Plat (SHP-04-159). Council concur.
d. Economic Development, Neighborhoods and Strategic Planning Department recommends
approval of a lease with Spirit of Washington, Inc. to use the Pavilion Building for meeting and
event space. Council concur.
e. Transportation Systems Division recommends approval of an agreement with Puget Sound
Energy, Inc. in the amount of $80,537.19 for the relocation of existing utilities in connection with
the Maple Valley Hwy. (SR-169) Improvements Phase 1 Project. Council concur.
f. Transportation Systems Division recommends approval of Addendum #6 to LAG-87-001, airport
lease with Boeing Employee Flying Association, for a rent increase from $40,197.84 to
$44,529.71 ($.322 to $.3567 per square foot) annually, which will remain in effect until 6/l/2010.
Council concur.
g. Transportation Systems Division recommends approval of Addendum #4 to LAG-86-003, airport
lease with Bosair, LLC, for a rent increase from $15,890.29 to $17,602.34 ($.31 to $.3434 per
square foot) annually, which will remain in effect until 6/1/2010. Council concur.
h. Transportation Systems Division recommends approval of Addendum #11 to LAG-84-003,
airport lease with Kaynan, Inc., for a rent increase from $23,894.76 to $26,808.86 ($.3276 to
$.3385 per square foot) annually, which will remain in effect until 6/1/2008. Council concur.
i. Transportation Systems Division requests approval to adopt the supplemental street lighting
standard for arterial street lighting. Refer to Transportation (Aviation) Committee.
(CONTINUED ON REVERSE SIDE)
j. Transportation Systems Division requests approval of a rent increase for all T-Hangar units at the
airport to $285 per month plus leasehold excise tax, and approval to apply the Seattle/Tacoma
Consumer Price Index every three years to the rental rate. Refer to Transportation (Aviation)
Committee.
k. Utility Systems Division reports submittal of the appraisal performed for the vacation of a
portion of N. 14th St. (VAC-05-001), and requests that Council accept the appraisal
determination of $21,285 and set compensation for the right-of-way at $21,285. Refer to
Planning and Development Committee.
8. CORRESPONDENCE
9. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by
the Chair if further review is necessary.
a. Finance Committee: Vouchers; 2005 Group Health Cooperative Medical Coverage Contracts;
Position Reorganization and Reclassifications through June 2005; 2005 First Quarter Budget
Status Report
b. Planning & Development Committee: Multi -Family Housing Property Tax Exemption
Amendments*
c. Transportation (Aviation) Committee: Airport Development Study
10. RESOLUTIONS AND ORDINANCES
Ordinances for first reading:
a. Multi -family housing property tax exemption modifications (see 9.b.)
b. Race attendance prohibition (Council approved 6/20/2005)
Ordinances for second and final reading:
a. Approving the Wedgewood Lane Annexation (Ist reading 6/20/2005)
b. Approving R-4 zoning for the Wedgewood Lane Annexation (1st reading 6/20/2005)
11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
12. AUDIENCE COMMENT
13. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
Council Chambers
6:30 p.m.
Prosperity Partnership Regional Economic Strategy
• 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
June 27, 2005
Council Chambers
Monday, 7:30 p.m.
MINUTES Renton City Hall
CALL TO ORDER
Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council
to order and led the Pledge of Allegiance to the flag.
ROLL CALL OF
DON PERSSON, Past Council President; DENIS LAW; DAN CLAWSON;
COUNCILMEMBERS
TONI NELSON; MARCIE PALMER. MOVED BY NELSON, SECONDED
BY LAW, COUNCIL EXCUSE ABSENT COUNCILMEMBERS TERRI
BRIERE AND RANDY CORMAN. CARRIED.
CITY STAFF IN
KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief
ATTENDANCE
Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE
WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public
Works Administrator; ALEX PIETSCH, Economic Development
Administrator; BEN WOLTERS, Economic Development Director; MARK
SANTOS-JOHNSON, Economic Development Specialist; DENNIS CULP,
Community Services Administrator; SYLVIA ALLEN, Recreation Director;
MIKE WILSON, Interim Finance and Information Services Administrator;
LINDA PARKS, Fiscal Services Director; COMMANDER KATIE
MCCLINCY, Police Department.
SPECIAL
Mike Wilson, Interim Finance and Information Services Administrator,
PRESENTATIONS
announced that Renton has once again won an award for its Comprehensive
Finance: 2003 CAFR Award
Annual Financial Report (CAFR) from the Government Finance Officers
Association (GFOA). He stated that compliance with GFOA's high standards is
reflected by the City's solid bond rating, excellent audit reports, and low audit
risk classification.
Mr. Wilson presented Fiscal Services Director Linda Parks with the award,
saying it is a tribute to her and her staff. Ms. Parks expressed her appreciation
to staff, and recognized Grants Accountant Nancy Violante, Finance Analyst
Linda Dixon, and former Finance and Information Services Administrator
Victoria Runkle for their work on the 2003 CAFR from start to finish.
AWC: Achievement Award of Mayor Keolker-Wheeler announced that Renton received the Association of
Excellence, REACT Program Washington Cities Achievement Award of Excellence for its REACT (Renton
Enhanced Abatement and Code Enforcement Team) program. She explained
that this interdepartmental effort addresses non -criminal activities and nuisance
abatement. Noting that the team members are working together for the benefit
of the citizens, the Mayor stated how proud she is of what the team has
accomplished so far.
REACT team member Commander Katie McClincy indicated that the program
involves the community as well as City staff, and stressed that the resulting
networking with community members has been effective. Councilmember
Palmer stated that code violations can be reported by calling 425-430-7373.
PUBLIC HEARING
This being the date set and proper notices having been posted and published in
Planning: Multi -Family
accordance with local and State laws, Mayor Keolker-Wheeler opened the
Housing Property Tax
public hearing to consider modifications to the existing designated residential
Exemption Modifications
targeted areas for a potential limited property tax exemption for eligible multi-
family projects.
June 27, 2005 Renton City Council Minutes Page 233
Alex Pietsch, Economic Development Administrator, stated that Renton has
been actively encouraging the development of high density, multi -family
housing in its urban centers, and one of the tools afforded by the State to
encourage that type of development is a limited property tax exemption. Mark
Santos -Johnson, Economic Development Specialist, explained that the proposal
adds the Commercial Office Residential 3 (COR 3) zone to the existing Urban
Center North District 1 (UC-N1) zone designated residential targeted area, and
changes the names for three designated residential targeted areas to
"Downtown," "Highlands," and "South Lake Washington."
Continuing, Mr. Santos -Johnson reported that eligible projects may be able to
receive a partial property tax exemption for up to ten years. The exemption
applies to the value of new housing construction, but does not include the value
of land, existing improvements, or non -housing related improvements. He
stated that the tax exemption also applies to all levels of the ad valorem
property tax, including city, county, state, and local taxing districts; and for
projects in Renton, this amounts to $11.86 per $1,000 of assessed value for
2005.
Mr. Santos -Johnson explained that eligible projects must be located in
designated targeted areas; must be new construction rental or owner occupied
multi -family housing with four or more housing units in each building; must
have a minimum of either ten or thirty housing units depending upon location;
must be mixed -use if located in the Center Downtown zone, UC-NI zone, COR
3 zone, or in the Center Village zone, unless waived; and must comply with
design standards and guidelines.
In conclusion, Mr. Santos -Johnson conveyed staffs recommendation to add the
COR 3 zone to the existing UC-N1 zone designated residential targeted area,
and to establish new names for the three designated residential targeted areas.
Public comment was invited.
Michael Christ, 1083 Lake Washington Blvd. N., Renton, 98056; Julia
Peckham, 1083 Lake Washington Blvd. N., Renton, 98056; and Jim
Hambuechen, 1083 Lake Washington Blvd. N., Renton, 98056, spoke in
support of the addition of the COR 3 zone to the existing UC-NI zone
designated residential targeted area for the property tax exemption, and noted
that the exemption will benefit the Southport development project.
There being no further public comment, it was MOVED BY LAW,
SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED. (See page 236 for Planning and Development Committee report.)
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 2005 and beyond. Items noted
included:
• The Valley Medical Center Cinema on the Piazza will kick off its season in
downtown Renton on July 2nd, and will continue every Saturday night
through the end of August.
• Two major improvement projects have been completed at the Maplewood
Golf Course: 1) the reconstruction of the Number 8 Green and the hillside
drainage installation, and 2) the installation of additional parking and
overhead netting.
June 27, 2005 Renton City Council Minutes Page 234
Community Services: "Adopt Reporting on the "Adopt a..." program, Community Services Administrator
a..." Program
Dennis Culp explained that the program is a way to leverage park and
recreation staff resources, and to outreach for volunteers. Sylvia Allen,
Recreation Director, described the volunteer and sponsorship opportunities
available through the program as follows:
• Adopt a Park - Help maintain Renton's beautiful parks, trails and natural
areas.
• Adopt a Program - Help Renton continue to provide quality, affordable
recreation programs to participants of all ages.
• Adopt a Participant - Help deserving Renton residents take part in
recreation programming.
Ms. Allen pointed out that the program helps the community to be connected to
the quality of life programming offered by the City.
AUDIENCE COMMENT
Bill Jepson, 7400 SE 71st St., Mercer Island, 98040, praised Clayton L. Scott, a
Citizen Comment: Jepson -
long-time member of the aviation community, and detailed Mr. Scott's
Airport Honorary Name,
contributions to the aviation industry and his association with Boeing and the
Clayton Scott Field
Renton Airport. He indicated that Mr. Scott turns 100 years old on July 15th,
and requested that the City consider adding the honorary name of Clayton Scott
Field to the Renton Airport, in time for his birthday if possible.
Mayor Keolker-Wheeler stated that even if the decision is made to add Mr.
Scott's name to the Airport, it is doubtful it can be accomplished in time for his
birthday. Jay Covington reported that the request is currently under review by
the Community Services Department, and a recommendation will be brought
forward to the Council.
CONSENT AGENDA
Items on the consent agenda are adopted by one motion which follows the
listing. At the request of Councilman Clawson, item 7.d. was removed for
separate consideration.
Council Meeting Minutes of
Approval of Council meeting minutes of June 20, 2005. Council concur.
June 20, 2005
CAG: 05-073, 2005 Street
City Clerk reported bid opening on 7/22/2005 for CAG-05-073, 2005 Street
Overlay, Western Asphalt
Overlay; three bids; engineer's estimate $907,765.10; and submitted staff
recommendation to award the contract to the low bidder, Western Asphalt, Inc.,
in the amount of $875,181.04. Council concur.
Development Services: Park
Development Services Division recommended acceptance of the dedication of
Ave Short Plat, ROW
additional right-of-way at the corner of Park Ave. N. and N. 34th St. to fulfill a
Dedication, SHP-04-159
requirement of the Park Ave. Short Plat (SHP-04-159). Council concur.
Transportation: Maple Valley
Transportation Systems Division recommended approval of an agreement with
Hwy Improvements Project
Puget Sound Energy, Inc. in the amount of $80,537.19 for the relocation of
Utilities Relocation, Puget
existing utilities in connection with the Maple Valley Hwy. (SR-169)
Sound Energy
Improvements Phase 1 Project. Council concur.
Airport: Boeing Employee
Transportation Systems Division recommended approval of Addendum #6 to
Flying Association Lease,
LAG-87-001, airport lease with Boeing Employee Flying Association, for a rent
Addendum #6, LAG-87-001
increase from $40,197.84 to $44,529.71 ($.322 to $.3567 per square foot)
annually, which will remain in effect until 6/1/2010. Council concur.
June 27, 2005 Renton City Council Minutes Page 235
Airport: Bosair Lease,
Transportation Systems Division recommended approval of Addendum #4 to
Addendum #4, LAG-86-003
LAG-86-003, airport lease with Bosair, LLC, for a rent increase from
$15,890.29 to $17,602.34 ($.31 to $.3434 per square foot) annually, which will
remain in effect until 6/1/2010. Council concur.
Airport: Kaynan Lease,
Transportation Systems Division recommended approval of Addendum #1 I to
Addendum #11, LAG-84-003
LAG-84-003, airport lease with Kaynan, Inc., for a rent increase from
$23,894.76 to $26,808.86 ($.3276 to $.3385 per square foot) annually, which
will remain in effect until 6/l/2008. Council concur.
Transportation: Supplemental
Transportation Systems Division requested approval to adopt the supplemental
Street Lighting Standard for
street lighting standard for arterial street lighting. Refer to Transportation
Arterial Street Lighting
(Aviation) Committee.
Airport: T-Hangar Lease Rate
Transportation Systems Division requested approval of a rent increase for all T-
Increase
Hangar units at the Airport to $285 per month plus leasehold excise tax, and
approval to apply the Seattle/Tacoma Consumer Price Index every three years
to the rental rate. Refer to Transportation (Aviation) Committee.
Vacation: N 14th St, Pool
Utility Systems Division reported submittal of the appraisal performed for the
Brothers Construction, VAC-
vacation of a portion of N. 14th St. (VAC-05-001; Pool Brothers Construction),
05-001
and requested that Council accept the appraisal and set compensation for the
right-of-way at $21,285. Refer to Planning and Development Committee.
MOVED BY PERSSON, SECONDED BY LAW, COUNCIL APPROVE THE
CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.d. FOR
SEPARATE CONSIDERATION. CARRIED.
Separate Consideration
Economic Development, Neighborhoods and Strategic Planning Department
Item 7.d.
recommended approval of a lease with Spirit of Washington, Inc. to use the
EDNSP: Pavilion Building
Pavilion Building for meeting and event space.
Lease, Spirit of Washington
Councilman Clawson expressed concern regarding the restroom facilities, as
the Pavilion Building restrooms would not be available for those attending
events such as the Farmers Market at the Piazza if an event at the Pavilion
Building occurred at the same time.
Responding to Councilman Clawson's inquiry, Economic Development
Administrator Alex Pietsch stated that the cost of providing a portable toilet is
approximately $100. He noted that the restroom facility at the Renton Transit
Center is available for use.
Councilwoman Nelson expressed the need for a portable toilet if there is a
conflict with the Farmers Market. Councilwoman Palmer also noted the need
for a portable toilet if there is a conflict with the Cinema on the Piazza event on
Saturday nights.
Councilman Clawson stated his support for the lease, noting that the City will
benefit from the Spirit of Washington Dinner Train's advertising. Mr. Pietsch
pointed out that the term of the Pavilion Building lease is ten years, with a
provision for termination at the end of four years.
Mayor Keolker-Wheeler expressed her hope that this venue will attract larger
events to downtown Renton, and not take events away from existing City
facilities and other venders. She praised City staff for all their hard work on the
lease, with special thanks to Mr. Pietsch and Economic Development Specialist
Mark Santos -Johnson.
June 27, 2005 Renton City Council Minutes Page 236
Added
CORRESPONDENCE
Citizen Comment: Grass - NE
Sunset Blvd & Duvall Ave NE
Intersection Improvements
Project, Property Use
Restriction
MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL APPROVE
CONSENT AGENDA ITEM 7.d. AS PRESENTED. CARRIED.
A letter was read from Charles D. Grass, CPA & Associates, PO Box 2563,
Renton, 98056, concerning the effect of the NE Sunset Blvd. and Duvall Ave.
NE Intersection Improvements Project on his property located at 10733 138th
Ave. SE (1625 Duvall Ave. NE). He pointed out that the changes will restrict
the current use of his property, reducing the parking availability by 50%.
MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL REFER
THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED.
UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending
Finance Committee
concurrence in the staff recommendation to approve the annual renewal of the
Human Resources: 2005
Group Health Cooperative medical coverage agreements as follows: LEOFF 1
Group Health Cooperative
(Law Enforcement Officers and Fire Fighters) Employees (Contract No.
Medical Coverage Contracts
0390400); LEOFF 1 Retirees (Contract Nos. 0057500 and 4057500); and all
other City of Renton covered employees (Contract No. 1162600). Funding was
previously approved by Council in the 2005 Budget. The revisions are
applicable to all four of the renewal contracts. As in prior years, Group Health
does not send confirming contracts for signature until mid year.
The Committee further recommended that the Mayor and City Clerk be
authorized to execute the contracts. MOVED BY PERSSON, SECONDED BY
NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Finance: Vouchers
Finance Committee Chair Persson presented a report recommending approval
of Claim Vouchers 238477 - 238901 and two wire transfers totaling
$1,973,672.06; and approval of Payroll Vouchers 57758 - 58108, one wire
transfer, and 582 direct deposits totaling $1,914,771.09. MOVED BY
PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report
Committee recommending concurrence in the staff recommendation to approve the Renton
Airport: Development Study Municipal Airport Development Study with a modification to policy
recommendation number four from 'Permit scheduled seaplane operations from
the City of Renton" to "Accept proposals from scheduled seaplane operators."
The Committee further recommended authorizing staff to further explore
implementation of the recommendations listed therein. MOVED BY
PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Planning & Development Planning and Development Committee Chair Clawson presented a report
Committee regarding the designated residential targeted areas modification and the text
Planning: Multi -Family amendments to the Multi -Family Housing Property Tax Exemption program.
Housing Property Tax The Committee recommended concurrence in the recommendation of staff that
Exemption Modifications Council:
1) Approve the modification to the Urban Center North District 1 (UC-NI)
designated residential targeted area to add the Commercial Office
Residential 3 (COR 3) zone; and
June 27, 2005 Renton City Council Minutes Page 237
2) Adopt an ordinance to modify the UC-NI designated residential targeted
area to add the (COR 3) zone and to make minor text amendments to
improve the clarity and intent of the project eligibility requirements in City
Code Section 4-1-220D.
The Committee further recommended that the ordinance regarding this matter
be presented for first reading. MOVED BY CLAWSON, SECONDED BY
LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
(See later this page for ordinance.)
Citizen Comment: McClaine -
Referring to the letter read at last week's Council meeting from Diane
Gene Coulon Park, Lack of
McClaine, 23402 SE 217th Pl., Maple Valley, 98038, it was MOVED BY
Parking for Class Attendance
NELSON, SECONDED BY PALMER, COUNCIL REFER MS. MCCLAINE'S
LETTER REGARDING LACK OF PARKING FOR CLASS ATTENDANCE
AT GENE COULON BEACH PARK TO THE COMMUNITY SERVICES
COMMITTEE. CARRIED.
RESOLUTIONS AND
The following ordinances were presented for first reading and referred to the
ORDINANCES
Council meeting of 7/11/2005 for second and final reading:
Planning: Multi -Family
An ordinance was read amending Section 4-1-220, Property Tax Exemption for
Housing Property Tax
Multi -Family Housing in Residential Targeted Areas, of Chapter 1,
Exemption Modifications
Administration and Enforcement, of Title IV (Development Regulations) of
City Code by modifying the designated residential targeted areas and other
project eligibility requirements. MOVED BY LAW, SECONDED BY
CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND
FINAL READING ON 7/11/2005. CARRIED.
Police: Street Racing Event
An ordinance was read amending Title VI (Police Regulations) of City Code by
Attendance Prohibition
adding Chapter 6-27, Race Attendance, that prohibits race attendance within a
"No Racing Zone" and imposes criminal penalties. MOVED BY LAW,
SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING ON 7/11/2005. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
Ordinance #5147
An ordinance was read annexing approximately 35.68 acres located east of
Annexation: Wedgewood
144th Ave. SE (Jericho Ave. NE), if extended, and west of 148th Ave. SE (Nile
Lane, 144th Ave SE & 148th
Ave. NE), north of SE 117th St., and west of Honey Creek, south of SE 117th
Ave SE
St., if extended (Wedgewood Lane Annexation). MOVED BY CLAWSON,
SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
Ordinance #5148
An ordinance was read establishing the zoning classification of property
Annexation: Wedgewood
annexed within the City of Renton located east of 144th Ave. SE (Jericho Ave.
Lane, R-4 Zoning
NE), if extended, and west of 148th Ave. SE (Nile Ave. NE), north of SE 117th
St., and west of Honey Creek, south of SE 117th St., if extended, from R-4
(Urban Residential - four dwelling units per acre; King County zoning) to R-4
(Residential - four dwelling units per acre) zoning; Wedgewood Lane
Annexation. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL
ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES.
CARRIED.
i
June 27, 2005 Renton City Council Minutes Page 238
NEW BUSINESS
Referring to the 7/27/2005 staff memo to Council regarding the success of the
Transportation: Harrington
Tier 1 traffic calming measures that decreased speeding on Harrington Ave. NE
Ave NE & NE 7th St Vehicle
and NE 7th St., Councilman Persson complimented staff on their efforts.
Speeding Reduction
Transportation: Jones Rd
Councilman Persson noted that the temporary closure of the Jones Rd. Bridge
Bridge Closure, Traffic
has increased the volume of traffic on NE 4th St., and he suggested the re -
Volume Increase
timing of traffic signals and the posting of alternate routes.
Community Services: Fire
Councilman Persson inquired as to the status of the installation of the sign at
Station #15 Future Site Sign,
1404 N. 30th St. indicating that it is the future site of Fire Station #15. Noting
Off -Leash Dog Park
that this site has been approved as a temporary off -leash dog park facility,
Mayor Keolker-Wheeler explained that the matter is on hold (including the
signage) due to the concerns of some Kennydale Neighborhood Association
members. She assured that the Administration is working on the matter.
Council: Meeting Schedule MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL EXCLUDE
Changes THE FOLLOWING DAYS FROM THE REGULAR COUNCIL MEETING
SCHEDULE AND ADD THEM AS COUNCIL HOLIDAYS: THE MONDAY
IMMEDIATELY FOLLOWING THE RENTON RIVER DAYS FESTIVAL,
THE FOURTH MONDAY OF AUGUST, AND THE THIRD AND FOURTH
MONDAYS IN DECEMBER. CARRIED.
Solid Waste: Neighbor to Mayor Keolker-Wheeler noted there was some confusion regarding City
Neighbor Cleanup residency in relation to the curbside cleanup event held on June 25th.
Councilwoman Palmer relayed that she received many positive comments about
the event.
ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN.
CARRIED. Time: 8:39 p.m.
Bonnie I. Walton, CMC, City Clerk
Recorder: Michele Neumann
June 27, 2005
RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR
Office of the City Clerk
COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING
June 27, 2005
COMMITTEE/CHAIRMAN DATE/TIME AGENDA
COMMITTEE OF THE WHOLE
(Briere)
COMMUNITY SERVICES
(Nelson)
FINANCE
(Persson)
PLANNING & DEVELOPMENT
(Clawson)
PUBLIC SAFETY
(Law)
MON., 7/04 No Meeting (Independence Day Holiday)
MON., 7/11 Emerging Issues
5:30 p.m. *Council Conference Room*
Approximately Heather Downs Park Design Update;
6:00 p.m. Financial Management Policies
*Council Chambers*
MON., 7/11
MON., 7/11
4:15 p.m.
THURS., 7/07
2:00 p.m.
TRANSPORTATION (AVIATION) THURS., 7/14
(Palmer) 2:30 p.m.
UTILITIES
(Corman)
THURS., 7/07
CANCELLED
Vouchers;
Reclassification of Four Positions
Pool Brothers Construction N. 14th St.
Vacation Compensation
Street Closure Ordinance;
Supplemental Street Lighting Standards;
Six -Year Transportation Improvement
Program;
WorldWind Helicopters Operating
Agreement;
Aero-Copters Operating Agreement;
Airport T-Hangar Rent Increase
CANCELLED
NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council
Conference Room unless otherwise noted.
Y
♦a\� ram- /1
CITY OF RENTON
PUBLIC HEARING HANDOUT
June 27, 2005
APPLICATION NAME
Modifications to the existing designated residential targeted areas for a potential limited property tax
exemption for eligible multi -family housing projects.
PROJECT DESCRIPTION
The Economic Development, Neighborhoods and Strategic Planning (EDNSP) Department proposes to
modify the existing designated residential targeted areas for a potential limited property tax exemption for
eligible multi -family housing projects to add the Commercial Office Residential 3 (COR 3) zone to the
Urban Center North District 1 (UC-NI) designated residential targeted area.
As provided for in Chapter 84.14 RCW, the City Council adopted ordinance 5061 on December 22, 2003,
(codified in section 4-1-220 of the Renton Municipal Code) to establish a property tax exemption incentive
to encourage multi -family housing development in the following three designated residential targeted areas:
• In the Center Downtown (CD) zone, Residential Multi -Family Urban Center (RM-U) zone,
Residential Multi -Family Traditional (RM-T) zone; or
Within the Center Village Comprehensive Plan designation and in one of the following: the
Center Village (CV) zone, the Residential Multi -Family Suburban Center (RM-C) zone, or
the Residential 10 dwelling units/acre (R-10) zone; or
In the Urban Center North District 1 (UC-N1) zone.
The EDNSP Department also proposes naming the three designated residential targeted areas as
"Downtown," "Highlands," and "South Lake Washington," respectively," as noted on the attached map.
By utilizing the multi -family housing property tax exemption, eligible multi -family housing projects
(apartments or condominiums) located in the designated residential targeted areas may be able to receive a
partial property tax exemption for up to 10 years.
As required by state law, the City is holding a public hearing for the purpose of considering the proposed
modifications to the existing residential targeted areas for the multi -family housing property tax exemption.
RECOMMENDATION
Council adopts an ordinance to add the Commercial Office Residential 3 (COR 3) zone to the existing Urban
Center North District 1 designated residential targeted area and to name the three designated residential
targeted areas as "Downtown," "Highlands," and "South Lake Washington."
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• The multi -family property tax exemption
applies to all levels of the ad valorem
property tax, including the city, county,
state and all local taxing districts
• For projects in Renton, this amounts to a
total of $11.86676 per $1,000 of assessed
value for 2005
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• Approve the modification to the existing
Urban Center North District 1 (UC-N 1) zone
designated residential targeted area to add the
Commercial Office Residential 3 (COR 3)
zone
• Adopt an ordinance to modify the existing
Urban Center North District 1 (UC-Nl)
designated residential targeted area to add the
Commercial Office Residential 3 (COR 3)
zone and establish new names for the three
designated residential targeted areas.
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, 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 INFORMATION
• A fireworks ban is in effect within the Renton city limits and the Police and Fire Departments will actively
enforce this ban. Violators can be fined between $100 and $500. To report fireworks violations, call 911. For
more details about the fireworks ban, contact the Fire Department at 425-430-7000.
• The Valley Medical Center Cinema on the Piazza will kick off its season in downtown Renton on Saturday, July
2°d and will continue every Saturday night through the end of August.
• Red, white, and blue decorations will adorn Gene Coulon Memorial Beach Park and spectacular fireworks will
reflect off Lake Washington for the 2005 Freddie's Club of Renton Fabulous Fourth of July celebration. A car
show kicks off the day in mid -morning, followed by a variety of free activities for kids and exciting stage
entertainment throughout the day and into the evening. A 20-plus minute fireworks display starts at 10:15 p.m.
Event parking will be available at the north end of Fry's Electronics, just east of Garden Avenue North, with free
Shuttle Express service available to Coulon Park from 11:00 a.m. to midnight. Attendees are reminded that park
rules prohibit alcohol, personal fireworks, and pets.
• The Return to Renton Car Show will be held on Saturday, July 9`h, from 8:00 a.m. to 3:00 p.m. at the Renton
Memorial Stadium, 401 Logan Avenue North.
COMMUNITY SERVICES DEPARTMENT
Two major improvement projects have been completed at the Maplewood Golf Course. The first was the
reconstruction of the Number 8 Green and the hillside drainage installation. Completed in November 2004, the
grow -in period is complete and the Green is now open for play. In conjunction with the construction of the new
City water treatment facility, the second project was the installation of additional parking and overhead netting.
Now complete, this project provides a total of 96 parking stalls.
On Wednesday, June 29t", at 7:00 p.m. at Gene Coulon Memorial Beach Park, the free Kidd Valley Family
Concert Series begins with the Renton City Concert Band under the direction of Mike Simpson. This concert
series continues each Wednesday through August 170'. Other groups performing this summer are The Jon Casey
Band, Mach One Jazz Orchestra, Sub Motive, Craicmore, The Islanders, Happy Hans, and Tingstad and Rumbel.
PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT
The second phase of construction has begun on the Sunset Sewer Interceptor project. Portions of Sunset
Boulevard NE will experience weekday closures during construction hours only (7:00 a.m. to 6:00 p.m.) for the
next couple of months while only the block containing the work zone will be closed. Detour routes will be posted
and will be revised as construction progresses toward NE Sunset Boulevard/NE Park Drive.
On Saturday, June 25`h, at approximately 6:30 a.m. a convoy of 60 Waste Management garbage trucks headed into
Renton to collect the refuse placed at curbsides by residents participating in the Load Zone curbside collection
event. A tremendous amount of discarded material was collected and hauled away at no additional cost to the
City ratepayers. Mayor Keolker-Wheeler was on hand to welcome the convoy into town and help place refuse
into the front -loading Waste Management trucks. Although 97% participation was predicted, the level of
observed participation was not quite that high; however, there is no doubt that a great deal of expendable material
was removed. We hope to have tonnage numbers by the end of the week.
100 % of all
contributions go
directly to
providing quality
parks and
recreation
services
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Help maintain
Renton's beautiful
parks, trails and
natural areas by:
Sponsoring the
annual maintenance
cost of a park
Spreading bark,
picking up litter,
pulling weeds,
planting flowers
Donating funds
for new equipment
or park amenities
Help Renton continue
to provide quality,
affordable recreation
programs to
participants of all ages
by•
Partially or fully
funding a recreation
program or special
event
Sharing your time and
talent as a volunteer
in a variety of
areas including
youth athletics,
Special Olympics,
teen programs,
special events, or
neighborhood centers
Help deserving Renton
residents take part in
recreation
programming by:
Donating to the
Recreation Scholarship
Fund, which provides
registration fees for
low income children
and seniors
Donating the cost of
enrolling one
participant in an
athletic program or
camp each season
CITY OF RENTON COUNCIL AGENDA BILL
SUBMITTING DATA:
Dept/Div/Board... City Clerk
Staff Contact...... Bonnie Walton
SUBJECT:
Bid opening on 7/22/2005 for CAG-05-073,
2005 Street Overlay Project
EXHIBITS:
Staff Recommendation
Bid Tabulation Sheet (three bids)
AI #: 19 -
OF: June 27,
AGENDA STATUS:
Consent......... X
Public Hearing..
Correspondence..
Ordinance.......
Resolution......
Old Business....
New Business....
Study Session...
Other...........
RECOMMENDED ACTION: APPROVALS:
Legal Dept......
Council concur Finance Dept....
Other.
FISCAL IMPACT:
Expenditure Required... $875,181.04 Transfer/Amendment..
Amount Budgeted........ Revenue Generated...
Total Project Budget ... $945,000.00 City Share Total Project...
SUMMARY OF ACTION:
Engineer's Estimate: $907,765.10
RECOMMENDED ACTION:
In accordance with Council procedure, bids submitted at the subject bid opening met the following three
criteria: There was more than one bid, the low bid was within the project budget, and there were no
irregularities. Therefore staff recommends acceptance of the low bid submitted by Western Asphalt, Inc.
in the amount of $875,181.04.
CITY OF RENTON
PLANNINGBUILDING/PUBLIC WORKS
MEMORANDUM
DATE: June 22, 2005
TO: Bonnie Walton, City Clerk
CC: Leslie Lahndt
James Wilhoit
FROM: Bill Wressell, X-7400
SUBJECT: 2005 Street Overlay
The Transportation Division recommends that the bid from Western Asphalt, Inc. be
accepted and the contract for the 2005 Street Overlay Project be awarded in the amount of
$875,181.04. The total budget for the project is $945,000, and it is funded by The Street
Overlay Program, The Arterial Rehabilitation Program, and Surface Water Engineering.
The Engineer's estimate for the construction of the 2005 Street Overlay, under this
contract, is $907,765.10.
If you have any additional questions or concerns please give me a call.
clerk l
2005 01'^''.AY BID TAB
BID DATE: June 23, 2005
Item Description
No.
001.
Mobilization
002.
Removal of Asphalt Concrete
Pavement (by Cold Planing)
003.
Crushed Surfacing Top Course
004,
Asphalt Concrete Paving (4' Patch)
Class "B" Including Asphalt
005.
Asphalt Concrete Paving(Oveday)
Class "B" Including Asphalt
006.
Plastic Crosswalk
(8"Wide)
007.
Plastic Stop Bar (18" Wide)
008.
Plastic Arrow
009.
4" Raised Pavement Marker
Type 1, Yellow
010,
4" Raised Pavement Marker
Type 1, White
011.
4" Raised Pavement Marker
Type 2, Blue
012.
4" Raised Pavement Marker
Type 2d, Yellow
013.
4" Raised Pavement Marker
Type 2e, White
014.
Traffic Control
015.
Adjust Monument
016.
Adjust Manhole
017.
Adjust Catch Basin
018.
Adjust Valve Box
019.
Finish and Clean Up
City of Renton
Contractor:
Contractor:
Engineers Estimate
Western Asphalt, Inc.
Lakeside Industries
Unit
Est.
Unit
Bid
Unit
Bid
Unit
Quantity
Price
Amount
Price
Amount
Price
LS
1.0
$50,000.00
$50,000.00
$67,491.20
$67,491.20
$94,000.00
SY
2136.0
$10.00
$21,360.00
$5.60
$11,961.60
$6.00
Ton
30.0
$30.00
$900.00
$33.60
$1,008.00
$17.00
SF
100000.0
$2.50
$250,000.00
$2.30
$230,000.00
$2.40
Ton
8706.0
$46.00
$400,476.00
$44.80
$390,028.80
$45.00
LF
1460.0
$1.80
$2,628.00
$1.12
$1,635.20
$1.05
LF
181.0
$4.30
$778.30
$3.92
$709.52
$3.65
Each
39.0
$50.00
$1,950.00
$41.44
$1,616,16
$38.50
Each
2846.0
$2.10
$5,976.60
$1,45
$4,126.70
$1.35
Each
1858.0
$2.10
$3,901.80
$1.45
$2,694.10
$1.35
Each
35.0
$8.00
$280.00
$11.20
$392.00
$10.00
Each
314.0
$3.15
$989.10
$3.36
$1,055.04
$2.95
Each
262.0
$3.15
$825.30
$3.36
$880.32
$2.95
LS
1.0
$60,000.00
$60,000.00
$77,112.00
$77.112.00
$145,000.00
Each
72.0
$325.00
$23,400.00
$196.00
$14,112.00
$300.00
Each
129.00
$400.00
$51,600.00
$291.20
$37,564.80
$350.00
Each
13.0
$400.00
$5,200.00
$291.20
$3,785.60
$300.00
Each
90.0
$250.00
$22,500.00
$291.20
$26,208.00
$300.00
LS
1.0
$5,000.00
$5,000.00
$2,800.00
$2,800.00
$5,000.00
Total
$907,765.10
$875,181.04
Contractor:
ICON Materials, Inc.
Bid Unit Bid
Amount Price Amount
$94,000.00
$95,000.00
$95,000.00
$12,816.00
$11.50
$24,564.00
$510.00
$81.50
$2,445.00
$240,000.00
$2.70
$270,000.00
$391,770.00
$49.50
$430,947.00
$1.533.00
$1.15
S1,679.00
$660.65
$4,00
$724.00
$1,501.50
$42.00
$1,638.00
$3,842.10
$1.50
$4,269.00
$2,508.30
$1.50
$2,787.00
$350.00
$12.00
$420.00
$926.30
$3.50
$1,099.00
$772.90
$3.50
$917.00
$145,000.00
$135,310.00
$135,310.00
$21,600.00
$335.00
$24,120.00
$45,150.00
$507.00
$65,403.00
$3,900.00
$507.00
$6,591.00
$27,000.00
$250.00
$22,500.00
$5,000.00
$4,000.00
$4,000.00
$998,840.75
$1,094,413.00
05-BIOTABlpw.xls
6/22/2005
CITY OF RENTON
BID TABULATION SHEET
PROJECT: 2005 Street Overlay; CAG-05-073
DATE: June 22, 2005
FORMS
BID
BIDDER
Bid
Triple
Bond
Form
ICON Materials
X
X
$1,094,413.00
PO Box 88050
Tukwila, WA 98138
Pat Skube
Lakeside Industries
X
X
$998,840.75
18808 SE 257th St.
Covington, WA 98042
Robert Dennis
Western Asphalt, Inc.
X
X
$875,181.04
PO Box 980
Maple Valley, WA 98038
Yvonne C. O'Leary
ENGINEER'S ESTIMATE TOTAL: $907,765.10
LEGEND:
Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage
CITY OF RENTON COUNCIL AGENDA BILL
AI k: - j y `,
' -
Submitting Data: Planning/Building/Public Works
For Agenda of: June 27, 2005
Dept/Div/Board.. Development Services Division
Staff Contact...... Carrie K. Olson x7235
Agenda Status
Consent .............. X
Public Hearing..
Subject:
Acceptance of additional right-of-way to comply with
Correspondence..
City of Renton code for new short plats and the Park
Ordinance .............
Avenue Short Plat LUA-04-159.
Resolution............
Old Business........
New Business.......
Exhibits:
Deed of Dedication
Study Sessions......
Exhibit Map
Vicinity Map
Information.........
Administrative Report and Decision
Recommended Action:
Approvals:
Council concur
Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City
Share Total Project.
SUMMARY OF ACTION:
The area to be dedicated for additional right-of-way is
at the corner of Park Ave N and N 341h
Street. Park Avenue Short Plat, LUA04-159 is required by city code to dedicate a 15-foot corner
radius (approx. 49.0 sq.ft.) to insure proper turning radius at street corners for emergency
vehicles. Council acceptance of said right-of-way should be completed prior to recording deed with
the short plat.
STAFF RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of
Dedication.
1:\P1anReview\COLSON\Shortplats 2005\Park Ave SIM, 07m AGNBILL.doc
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
DEED OF DEDICATION
Property Tax Parcel Number: 3342103178
Project File #:
Street Intersection:
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Pool Brothers Grantee(s):
1• Construction LLC 1. City of Renton, a Municipal Corporation
LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page )
A PORTION OF PARCEL 2, CITY OF RENTON SHORT PLAT NO. 110-77,
AS RECORDED UNDER RECORDING NO. 7802270792, AS DELINEATED ON
SURVEY, RECORDED UNDER RECORDING NO.7803179019, AND CORRECTED
BY INSTRUMENT RECORDED UNDER RECORDING NO. 8509120633 RECORDS
OF KING COUNTY.
The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as
named above, the above described real estate situated in the County of King, State of Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.
Approved and Accepted Bv:
Grantor(s): Grantee(s): City of Renton
Matthew Pool,' Manager Mayor
Pool Brothers Construction LLC
City Clerk
INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS
ACKNOWLEDGMENT COUNTY OF KING )
I certify that I know or have satisfactory evidence that
Notary Seal must be within box
signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
I-Iforms/xxxFRM/AGREE/DEED.DOC\ MSOffice Page I FORM 04 0001lbh
Exhibit A
Legal Description
COMMENCING AT THE SOUTHEAST CORNER OF
PARCEL 2, CITY OF RENTON SHORT PLAT NO.
110-77, AS RECORDED UNDER RECORDING NO.
7802270792, AS DELINEATED ON SURVEY,
RECORDED UNDER RECORDING NO. 7803179019,
AND CORRECTED BY INSTRUMENT, RECORDED
UNDER RECORDING NO. 8509120633, RECORDS OF
KING COUNTY: THENCE NORTH 88°42'15" WEST,
ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE
OF 125.85 TO THE TRUE POINT OF BEGINNING;
THENCE ALONG A CURVE TO THE RIGHT, THE
CENTER OF WHICH BEARS NORTH 01017'45" EAST 15
FEET DISTANT, THROUGH A-CENTRALANGLE OF
90034'55", AN ARC DISTANCE OF 23.71 FEET TO THE
WEST LINE OF SAID LOT 2, THENCE SOUTH 01 °52'40"
WEST, ALONG SAID WEST LINE, 15.15 FEET TO THE
SOUTH LINE OF SAID LOT 2; THENCE SOUTH
88042'15" EAST, ALONG SAID SOUTH LINE, 15.15 FEET
TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF RENTON, COUNTY KING,
STATE OF WASHINGTON_
AREA OF DEDICATION IS 49 SQ.FT.
Hforms/xxxFRM/AGREE/DEED.DOC\ MSOffice Page 3 FORM 04 0001/bh
1N WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.
INDIVIDUAL FORM OF A CKNO WLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
1 certify that I know or have satisfactory evidence that
signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
REPRESENTATIVE FORM OFACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
signed this instrument, on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
CORPORATE FORM OFACKNOWLEDGMENT
Notary Seal must be within box
STATE OF WASHINGTON ) SS
COUNTY KING a
On this day of s,�,605 before me personally appeared
BOVi
Matthew Pool to me known to
\SSION FAA F.i
of the that
be awithin
`
executed he instrument, and acknowledge the said instrumencjg-r
t be�on the free
and voluntary act and deed of said corporation, for the uses and purposes therein
_ " •� °': =
mentioned, and each on oath stated that he/she was authorized to execute said
N F pUBLtG CO : _ Z:-
0
instrument and that the seal affixed is the corporate seal of said corporation.
'X 4fB E R 6 • ti, '
0FrWAS�;\?``��\
Notary Pu c in and for the State of Washington
Notary (Print) Ltvidq S &-
--
My appointment e pires:
Dated: (n It 5 �
Hforms/xxxFRM/AGREE/DEED.DOC\ msoffice Page 2 FORM 04 0001/bh
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DEDICATION DETAIL
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REPORT
City of Renton
Department of Planning / Building / Public Works
8c
DECISION
ADMINISTRATIVE SHORT PLAT REPORT & DECISION
A.
SUMMARY AND PURPOSE OF REQUEST.
REPORT DATE:
February 4, 2005
Project Name
3402 Park Avenue Short Plat
Owner/Applicant:
Pool Brothers Construction PO Box 3023 Renton, WA 98056
Contact:
Mike Luna, Sadler/Barnard and Associates, Inc. 12714 Valley Ave E Sumner, WA 98390
File Number
LUA-04-159, SHPL-A, V-A
Project Manager
Tlflll Hall, Associate Planner
Project Description
Administrative Land Use Action (Short Plat Review) for the subdivision of an existing
11,385 square foot (0.26 acre) parcel zoned Residential — 8 dwelling units per acre into 2
lots. An existing residence proposed to remain is located on proposed Lot 2. Proposed
Lot 1 area would be 5,721 square feet and proposed Lot 2 area would be 5,664 square
feet. Access to the proposed lots would be from residential driveways onto N 341h Street.
The applicant is concurrently requesting a variance to the required front and rear yard
setback requirements (under separate cover).
Project Location
3402 Park Avenue N
Project Location Map AdminRPr 3402Parx doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 2
B. GENERAL INFORMATION:
1. Owners of Record. Pool Brothers Construction PO Box 3023 Renton, WA 98056
2. Zoning Designation: Residential — 8 du/ac (R-8)
3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF)
4. Existing Site Use: The site has a single-family residence proposed to remain on new Lot 2.
5. Neighborhood Characteristics:
North: Single Family Residential (R-8 zone)
East: Single Family Residential (R-8 zone)
South: Single Family Residential (R-8 zone)
West. Single Family Residential (R-8 zone)
6. Access: Via single-family residential driveways onto N 341h Street
7. Site Area:
11,385 square feet/0.26 acres
C. HISTORICAUBACKGROUND:
Action
Comprehensive Plan
Zoning
Annexation
D. PUBLIC SERVICES:
Land Use File No.
N/A
N/A
N/A
Ordinance No.
Date
5099
11 /01 /2004
5100
11 /01 /2004
2531
12/22/1969
1. Utilities
Water: There is an existing 12" water main in Park Ave N. There is also an 8-inch water main in N 341h
Street. The proposed project is located in the 320-water pressure zone and is outside the
Aquifer Protection Area. The derated fire flow in the vicinity is modeled at 2800 gpm with a
static pressure of about 70 psi.
Sewer: There is an existing 8" sewer main in N. 341h Street, fronting the project site.
Surface Water/Storm Water: There is a ditch fronting this parcel along Park Ave NE. The site drains
to East Lake Washington basin. A preliminary drainage narrative has been submitted with the
application. Less than 5,000 sq. ft. of new impervious area are proposed, therefore no
detention or water quality is required.
2. Streets: There are no curb and gutter improvements in the frontage of the parcel along either Park
Ave NE or N 34'h Street.
3. Fire Protection: City of Renton Fire Department
E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
Section 4-2-020: Purpose and Intent of Zoning Districts
Section 4-2-070: Zoning Use Table
Section 4-2-110: Residential Development Standards
2. Chapter 4 Property Development Standards
Section 4-4-030: Development Guidelines and Regulations
3. Chapter 6 Streets and Utility Standards
Section 4-6-060: Street Standards
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 3
4. Chapter 7 Subdivision Regulations
Section 4-7-070: Detailed Procedures for Short Subdivisions
Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and
Minimum Standards
Section 4-7-150: Streets -General Requirements and Minimum Standards
Section 4-7-170: Residential Lots -General Requirements and Minimum Standards
5. Chapter 9 Procedures and Review Criteria
F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
Land Use Element — Residential Single Family
2. Community Design Element
G. DEPARTMENT ANALYSIS:
1. Project Description/Background
The applicant, Pool Brothers Construction, is proposing to subdivide a 0.26-acre (11,385 square feet) parcel
zoned Residential — 8 dwelling units per acre (R-8) into two lots. The property currently contains a 1,575 square
foot single-family residence, which will remain on new Lot 2. Concurrently submitted with this short plat
application is a variance request from the required front and rear yard setbacks for new Lot 2. The required
front yard setback is 15 feet for the primary structure and 20 feet for an attached garage. The required rear
yard setback is 20 feet. A separate report is provided for the variance application.
Proposed lot sizes are: Lot 1 at 5,721 sq. ft. and Lot 2 at 5,664 sq. ft. The proposal for eventual development of
one new single-family residence on net Lot 1 with the existing residence to remain on new Lot 2 would arrive at
a density of 7.7 dwelling units per net acre (du/ac). The allowed density range in the R-8 zone is a minimum of
4.0 to a maximum of 8.0 dwelling units per acre.
Access to the proposed lots would be through single-family residential driveways onto N 34th Street.
The topography of the subject site is generally flat with a gradual slope from east to west. All existing
vegetation on proposed Lot 1 would be removed to accommodate construction of the private driveway, building
pad and utilities.
2. Environmental Review
Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA
Environmental Review pursuant to WAC 197-11-800(6)(a).
3. Compliance with ERC Conditions
N/A
4. Staff Review Comments
Representatives from various city departments have reviewed the application materials to identify and address
issues raised by the proposed development. These comments are contained in the official file, and the essence
of the comments has been incorporated into the appropriate sections of this report and the Departmental
Recommendation at the end of the report.
5. Consistency Short Plat Criteria
Approval of a plat is based upon several factors. The following short plat criteria have been established to
assist decision -makers in the review of the plat:
a) Compliance with the Comprehensive Plan Designation
The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use
Map. Lands in the RSF designation are intended to be used for quality residential detached
development organized into neighborhoods at urban densities. It is intended that larger
subdivision, infill development, and rehabilitation of existing housing be carefully designed to
enhance and improve the quality of single-family living environments. The proposal is consistent
with the following Comprehensive Plan Land Use and Community Design Element policies:
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 4
Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units
per acre in Residential Single Family neighborhoods.
The proposed project for two lots would arrive at a net density of 7.7 dwelling units per net acre,
which is within the allowable density range.
Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in -fill parcels of less
than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500
square feet on parcels greater than one acre to create an incentive for aggregation of land. The
minimum lot size is not intended to set the standard for density in the designation, but to provide
flexibility in subdivision/plat design and facilitate development within the allowed density range.
All of the proposed lots equal or exceed the minimum lot size of 5,000 square feet.
Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be
sufficient to allow private open space, landscaping to provide buffers/privacy without extensive
fencing, and sufficient area for maintenance activities.
The proposed new lot would meet the required lot size, width, and setbacks to create sufficient
front, rear, and side yard areas. The existing residence as proposed would not meet the required
rear and front yard setback areas, the applicant has requested a variance from the setback
requirements under a separate cover.
Policy LU-154. Interpret development standards to support new plats and infill project designs
incorporating street locations, lot configurations, and building envelopes that address privacy and
quality of life for existing residents.
The proposed lots are rectangular in shape and oriented such that both lots would have access to
N 34 n Street. Approval of this application would not decrease the quality of life for residents in the
immediate vicinity.
Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be
encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods.
The proposed short plat would subdivide an existing parcel into two lots. A new residence would
be constructed on Lot 1, updating the housing stock in the existing neighborhood.
b) Compliance with the Underlying Zoning Designation
The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton
Zoning Map. The proposed development would allow for the future construction of one new single-
family dwelling unit and one existing home to remain within the short plat.
The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units
per acre. Net density is calculated after the deduction of sensitive areas, areas intended for public
right-of-way and private easements. The property does not contain any sensitive areas, areas
required for right-of-way dedication, nor any existing or proposed access easements. Based on
three lots, net density would arrive at 7.7 dwelling units per acre, which is within the allowed range
for parcels less than one-half acre.
The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is
greater for lots over 5,000 square feet in size and lots 5,000 square feet or less are allowed a
maximum of 50 percent lot coverage. New Lot 2 where the existing single-family residence would
remain would have a lot coverage of 30 percent, which complies with this development standard.
The lot coverage for new Lot 1 would be verified at the time of building permit review.
The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure
and 20 feet for an attached garage, side yard is 5 feet, side yard along a street is 15 feet for the
primary structure and 20 feet for an attached garage and the rear yard is 20 feet. Based on the
proposed subdivision, both lots are proposed to have their front yards facing south along N 34'h
Street. It appears that new Lot 1 would meet the setback requirements. The proposed front an
rear yard areas of new Lot 2 would not meet the required 15-foot front yard and 20-foot rear yar
setbacks. The applicant has requested a variance to the required rear yard setback for a reduction
to 8.2 feet in front and 14.5 feet in the rear. Concurrent with this administrative short plat review is
approval with conditions of the setback variance. A restrictive covenant is required as part of the
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 5
variance approval. Compliance with these development standards will be verified at the time of
building permit review.
The parking regulations required that detached or semi -attached dwellings provide at minimum of
2 off-street parking spaces. As proposed, each lot would have adequate area to provide two off-
street parking spaces. Compliance with the parking requirements will be verified at the time of
building permit review.
The R-8 zone permits accessory structures only when associated with a primary structure located
on the same parcel. The 130 square foot storage shed that currently exists on the site would
remain on proposed Lot 2.
c) Community Assets
All vegetation on proposed Lot 1 would be removed for the proposed short plat development. The
City's landscape code (RMC 4-4-070) requires all short plats to provide a 5 foot landscaped strip in
the front yard area of lots that abut a public right-of-way. Proposed Lot 1 abuts Park Avenue N and
N 341h Street and will be required to install a 5-foot landscape strip in the front and side yard areas
along these street frontages. Proposed Lot 2 abuts N 341h Street and will be required to install a 5-
foot landscape strip in the front yard area. In addition, the applicant will be required to plant two
ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer),
within the 15-foot front yard setback area for the proposed lots.
d) Compliance with Subdivision Regulations
Streets: No new public streets would be created as part of the proposed short plat.
Park Avenue N and N 341h Street are required to be improved with curb, gutter, sidewalks, storm
and paving. The Subdivision Regulations require the installation of street improvements, including
curb, gutter, and sidewalk, along the site's street frontages (RMC section 4-6-060), unless
previously installed, waived or deferred through the City of Renton Board of Public Works.
The proposed short plat is anticipated to generate additional traffic on the City's street system. In
order to mitigate transportation impacts, staff recommends a condition of approval be placed on
the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily
trip attributed to the project. One new lot (credit given for the existing residence) is expected to
generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is
estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $717.75) and is payable prior to the recording of
the short plat.
Blocks: No new blocks will be created as part of the proposed short plat.
Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the
requirements of the Subdivision Regulations and the development standards of the R-8 zone.
Each lot is rectangular in shape, oriented to provide front yards facing N 34`h Street, and provides
direct access to N 341h Street.
The minimum lot size in the R-8 zone is 5,000 square feet. The proposed lot sizes are 5,721
square feet for Lot 1 and 5,664 square feet for Lot 2, which meet the minimum lot size
requirements. As a condition of the Variance approval, the proposed lot line would need to be
moved to the west an additional 3 feet to maintain a 15 foot setback between the existing
residence and the proposed lot line. After the adjustment of the proposed lot line, the new
proposed area for Lot 1 would be 5,478 square feet, and for Lot 2 would be 5,906 square feet,
which still meets the minimum lot size requirement of 5,000 square feet.
The minimum lot width in the R-8 zone is 60 feet for corner lots and 50 feet for interior lots. The
proposed lots are each 70 feet wide, therefore meeting the minimum lot width requirements. Once
the proposed lot line is moved to the west 3 feet, the proposed lot widths would by 67 feet for Lot 1
and 73 feet for Lot 2, which still meets the minimum lot width requirements. The minimum lot
depth in the R-8 zone is 65 feet. The proposed lots are each 80 feet deep, therefore meeting the
minimum lot depth requirements. The dimensions of the proposed lots meet the minimum
requirements and are compatible with other existing lots in this area under the same R-8 zoning
classification. In addition, both lots appear to contain adequate building areas for the construction
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 6
of suitable single-family residences when taking setbacks and lot coverage requirements in,
consideration. These requirements will be reviewed at the time of building permit application.
e) Reasonableness of Proposed Boundaries
Access: Each lot would have direct access to a public right-of-way (N 341h Street) the single-family
residential driveways.
Topography: The topography of the site is generally flat with a gradual slope from east to west.
Relationship to Existing Uses: The properties surrounding the subject site are single-family
residences and are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning
map. The proposal is similar to existing development patterns in the area and is consistent with the
Comprehensive Plan and Zoning Code, which encourage residential infill development.
f) Availability and Impact on Public Services (Timeliness)
Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish
services to the proposed development, subject to the condition that the applicant provide Code
required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot
with credit given for the existing single-family residence, is recommended in order to mitigate the
proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00
x 1 new lots = $488.00) and is payable prior to the recording of the short plat.
Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use
Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students
per single-family residential dwelling. Based on the student generation factor, the proposed short
plat would result in no additional students (0.44 X 1 lots = 0.44 rounded down to 0) to the local
schools (Kennydale Elementary, McKnight Middle School and Hazen High School). It is anticipated
that the Renton School District can accommodate any additional students generated by this
proposal.
Storm Water. There is an existing ditch fronting this parcel along Park Ave NE. The site drains tt,
East Lake Washington basin. A preliminary drainage narrative prepared by Sadler/Barnard and
Associates, In. dated December 13, 2004 was submitted with the application. According to the
report, less than 5,000 sq. ft. of new impervious area are proposed, therefore no detention or water
quality improvements are required. The System Development Charge is required and will be at the
current rate of $715.00 per new single-family lot. The fee is payable prior to the issuance of the
utility construction permit.
Water and Sanitary Sewer Utilities: There is an existing 12" water main in Park Ave N. There is
also an 8-inch water main in N 341h Street. New water service stubs to each lot must be installed
prior to recording of the short plat. The existing fire hydrant requires the installation of a quick
disconnect Storz fitting. A system development charge of $1,525.00 per single-family lot is
required and payable at the time of issuance of a utility construction permit with credit given for the
existing residence.
There is an existing 8" sewer main in N. 34'h Street, fronting the project site. Short plats shall
provide separate side sewers stubs to each building lot. No dual side sewers are allowed. Each
new lot must be served with an individual side sewer. Sewer stub -outs must be installed prior to
the recording of the short plat. A System Development Charge of $900.00 per each new lot is
required. This fee is payable at the time of issuance of a utility construction permit with credit given
for the existing residence.
H. Findings:
Having reviewed the written record in the matter, the City now enters the following:
1. Request. The applicant has requested Administrative Short Plat Approval for the 3402 Park AvenuF
Short Plat, File No. LUA-04-159, SHPL-A, V-A.
2. Application: The applicant's short plat application complies with the requirements for information for
short plat review. The applicant's short plat plan and other project drawings are contained within the
official land use file.
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 7
3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations
of the Residential Single Family (RSF) land use designation.
4. Zoning: The proposal as presented complies with the zoning requirements and development
standards of the Residential Single Family - 8 (R-8) zoning designation, provided all advisory notes and
conditions of approval are complied with and based upon approval of a variance.
5. Subdivision Regulations: The proposal complies with the requirements established by the City's
Subdivision Regulations provided all advisory notes and conditions are complied with.
6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single
Family (zoned R-8); East: Residential Single Family (zoned R-8); South: Residential Single Family
(zoned R-8); and West: Residential Single Family (zoned R-8).
7. Setbacks: The setbacks for future development on the proposed lots would be evaluated based on
the standards applicable to lots along streets existing as of March 1, 1995. The front yard setback of
the proposed lots would face to the south onto N 341h Street. An existing residence on Lot 1 is
proposed to remain, however the front yard would move from Park Avenue N to N 341h Street, and the
rear yard would move from paralleling to Park Avenue N to paralleling N 30 Street. The front and rear
yard setbacks would be less than the required 15 feet and 20 feet; however, an administrative variance
for the reduction has been approved concurrently, February 4, 2005.
8. System Development Charges: A Water System Development Charge, a Surface Water System
Development Charge and a Sewer System Development Charge, at the current applicable rates, will
be required for the each new single-family residence as part of the construction permit.
9. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the
new lots. In addition, all fire hydrants serving the plat must be fitted with Storz fittings.
I. Conclusions:
The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and
complies with the goals and policies established with this designation.
2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and
complies with the zoning and development standards established with this designation provided all
advisory notes and conditions are complied with and based on the granting of a variance.
3. The proposed two lot short plat complies with the subdivision regulations as established by city code
and state law provided all advisory notes and conditions are complied with.
4. The proposed two lot short plat complies with the street standards as established by City Code,
provided the project complies with all advisory notes and conditions of approval contained herein.
J. DECISION.
The 3402 Park Avenue Short Plat, File No. LUA-04-159, SHPL-A, V-A, is approved subject to the following conditions:
1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new
average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the
recording of the short plat.
2. The applicant shall pay a Fire Mitigation Fee based on a rate of $488.00 per new single-family lot with
credit given for the existing residence. The fee for this short plat is estimated at $488.00 (1 new single
family lots x $488.00 = $488.00) and shall be paid prior to the recording of the short plat.
3. Approval of the short plat is subject to the approval of a variance from front and rear yard setback
requirements. If the variance is denied, the existing structure(s) would need to be relocated to meet the
current setback requirements or removed prior to the recording of the short plat.
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 8
DATE OF DECISION ON LAND USE ACTION:
SIGNATURES:
r
d
Gregg A. Zi m rm 1, P/B/PW Administrator decision date
TRANSMITTED this 4th day of February, 2005 to the Owners/Applicants:
Pool Brothers Construction
PO Box 3023
Renton, WA 98056
TRANSMITTED this 4th day of February, 2005 to the Contact:
Mike Luna
Sadler/Barnard and Associates, Inc.
12714 Valley Avenue E
Sumner, WA 98390
TRANSMITTED this 4th day of February, 2005 to the Parties of Record.
No parties of record.
TRANSMITTED this 4th day of February, 2005 to the following:
Larry Meckling, Building Official
Stan Engler, Fire Marshal
Neil Watts, Development Services Director
Jennifer Henning
Jan Conklin
Carrie Olson
Lawrence J. Warren, City Attorney
South County Journal
Land Use Action Appeals & Requests for Reconsideration
The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of
decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680).
RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat
be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to
the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the
Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any
person wishing to take further action must file a formal appeal within the following appeal timeframe.
APPEAL. This administrative land use decision will become final if not appealed in writing to the
Hearing Examiner on or before 5:00 PM on February 18, 2005. Appeals to the Examiner are governed by City of
Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton
City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055.
EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested
pursuant to RMC section 4-7-080.M.
AdminRPT 3402Park.doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED February 4, 2005; PROJECT LUA-04-159, SHPL-A, V-A Page 9
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use action.
Because these notes are provided as information only, they are not subject to the appeal process for the land use actions.
Planning
1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise
approved by the Development Services Division. The Development Services Division reserves the right to rescind
the approved extended haul hours at any time if complaints are received.
2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the
hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours
between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays.
Property Services
1. Please see Comments sent under separate cover.
Fire
1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building
square footage exceeds 3,600 sq. ft. in area, the minimum fire flow increases to 1,500 GPM and requires two
hydrants within 300 feet of the structures.
2. Fire Department access roads are required to be paved, 20 ft. wide.
3. Street addresses shall be visible from a public street.
4. Street (private driveway) shall be posted "No Parking" per City Street Standards.
Plan Review — Storm/Surface Water
1. A Surface Water System Development Charge of $715.00 per single-family lot is payable at the time of issuance of
the utility construction permit.
Plan Review — Sewer
1. Short plats shall provide separate side sewer stubs to each new building lot. Side sewers are required be installed
prior to the recording of the short plat. No dual side sewers are allowed.
2. A Sewer System Development Charge of $900.00 per new building lot is payable at the time of issuance of utility
construction permit.
Plan Review— Water
1. A Water System Development Charge of $1,525.00 per each new single family lot is payable at the time of
issuance of a construction permit.
2. Water service stubs to each building lot are required to be installed prior to recording of the short plat.
Plan Review — Streets/Transportation
1. Street improvements including curb/gutter, sidewalks and paving are required on the project side, along Park
Avenue N and N 34th Street.
Plan Review — General
1. All plans shall conform to the Renton Drafting Standards.
2. A construction permit is required. When plans are complete, three copies of the drawings, two copies of the
drainage report, a construction estimate, application and appropriate fees shall be submitted to the 6th floor
counter.
AdminRPT 3402Park.doc
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SHORT PLAT NO.
RENTON, WASHINGTON
OWNER'S DECLARATION
KNOW All MEN BY THESE PRESENT THAT POOL BROTHERS
CONSTRUCTION. LLC. AS OWNER(S) Cr INTEREST IN THE LAND
HEREBY SHORT SUBDIYIDEED, HEREBY DECLARE THIS SNORT PLAT
TO BE rWE GRAPHIC REPRESENTATION OF TINE SNORT SUBDIVISION
MADE HEREBY, AND THAT SAID SHORT SUBDIVISION IS MADE WITH
THE FREE CONSENT AND IN ACCORDANCE WITH INC DESIRE OF THE
OWNER(S).
MATT POOL
NAHAGER
P00. "07"172 cConn luenal
CORPORATE ACRNOWLEDGEMENT
STATE OF WASHINGTON
COUNTY OF KING S5
I rERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT
MA rTHEW POOL 15 THE PERSON WHO APPEARED BEFORE ME. AND
SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT,
ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT AS THE MANAGER FOR POOL BROTHERS
CON57RUL'TION. LLC. A WASHINGTON LIMITED UABIUTY
CORPORATION AND THAT IT IS THE VCLUNTARY ACT or SUCH
CORPORATION FOR THE USES AND PURPOSES MENTIONED IN THE
INSTRUMENT.
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VICINITY MAP 1'-200'
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APPROVALS: DEPARTMENT OF ASSESSMENTS
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
ESMA*d and oopeY.d thl. � day of 20-_ EIo i-d and odorawd tAI. _ 4ey o1 20_
Manager, Lord U. SwVk s DhI.I.. -- A—W
E. km d and aPerevod tnl. __ day .f 20_ Dwoty A....—
D-Madm•lt Engbl..r Am.nt Namber -
FOUND CASE MON/
11-18-2004
t
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_ 25•
N. 34TH ST,
FOUND CASE MON
BRASSY W/ PUNCH
tT-18-2004
S 01'52'20- w
1B$7 ROS
19.00 MEAT,///'I`'/.'[�
FOUND CASE MON
11-18-2004 1
SURVEYOR'S NOTES
1. SURVEY PERFORMED BY FIELD TRAVERSE
AND ELECTRONIC DATA COLLECTION,
2. USING TOPCON CAS ZCO TOTAL STATION
AND COLLECTION.
HP-46OX DATA ITOT
J. CLOSURES EXCEEDED THE MININUII RECUIREMENTS
AS ESTABLISHED BY WAG J32-IJO-090.
♦ PROPERTY CORNERS SET EXCEPT AS NOTED,
REPRESENT DEED LOCATIONS OWNERSHIP LINES
MAY BE O*MENT. OBVIOUS ENCROACHMENTS,
IF ANY, ARE SHOWN, HOWEVER NO GUARANTEE OF
_ OWNERSHIP 13 V(PRESSED OR IMPLIED,
OF ASPHALT
N 6a'42'15' WW 141.00
BSBL/ ---
�¢ to
[25'
o I
I LOT 1 10 SEWER EASEMENT
PEc p7ausololJd
N
RECORDING NO.
VOL/PAGE
SCALE: 1 "a20'
PORTION OF
SW1 /4 of NE1 /4, S.32, T.24 N, R.5 E
PARCEL NUMBER: 3342103178
BASIS OF BEARING
f F1:FNQ
RECORD OF SURVEY RECORDED UNDER RECORDING
NUMBER 20010607900002. RECORDS OF THE KING
0
MONUMENT FOUND A$ NOTED
COUNTY AUDITOR
•
SET AESAR AND CAP LS 19dJ,1
REFERENCE SURVEYS
PLAT OF C.O. HUMANS LAKE WASHINGTON GARDEN
CONIFER TREE
OF EDEN ADO. TO SEATTLE N0. 1. VOL 11 OF PLATS
"—'o-' FENCE
PAGE 6.1
SURVEY RECORDED UNDER RECORDING NO.
O
DEGOOUS TREE
7803179079. AND CORRECTED BY INSTRUMENT.
RECORDED UNDER RECORDING NO. 8509120BJJ.
RECORDS OF KING COUNTY
MON IN CASE AT SOUTHERN INTERSECTION OF 34TH
Sr. AND PARK AVE,
EL • 163.43
CITY OF RENTON VERTICAL DATUM AS INTERPOLATED
FROM ROS /200F0607900002.
TOSE
R04AINr
FF.174.67
LOT 2
70.
14.5'
a (pzz
---------------
S 80'42'16' E 722,51 ROS
N. 34TH
3 88'42'15' E 722.40 MEAS
ST,
N
OOE OF ASPHALT
FOUND CASE WON
BRASSY
n-ro-2oa
[—ZO*NI'NG—:R-8'
ORIGINAL LOT
LS,O77i
I EGAL OECCRIPTION
PARCEL ?. CITY OF RENTON SHORT PLAT NO, fIO-77,
Ir, JBS S0, FT 50. FT
5664 S0. FT
RECORDED UNDER RECORDING N0. AS
DENSITY PER CODE 8 DU/AC
0.111 ACRES O.IJ ACRES
MIS ACRES
DELINEATED ON SURVEY RECORDED UNDER RECORDING
DE DER760227079ZRECORD
NO. 7803179019, AND CORRECTED BY INSTRUMENT,
DENSITY PROPOSED: 7.7 DU/AC
ADDRESS
RECORDED UNDER RECORDING NO. 85091206JJ, RECORDS
BOG SO. FT. 1,575 SO. FT
OF KING COUNTY,
BOG COVERAGE-JOX
J401 PARK AVE N
3402RENTON,
SITUATE IN THE CITY OF RENTON, COUNTY KING. STATE
WA
OF WASHINGTON.
RECORDER'S CERTIFICATE .................... LAND SURVEYOR'S CERTIFICATE SADLER/ SHORT PLAT FOR POOL BROTHERS CONSTRUCTION
.. y..., 4
P.O. BOX JO?J
Rk La ea Hd gla.........dby 9t,.-.,20...,.d....M Thb Short Flat correctly su1V y rtpro •y mod. by BARNARD4> RENTON, WA 98056
me or ender my direction In donformance with the S B & ASSOC. INC.
In baok.....,....ol........at Daq.........a1 the rpueel of !
reaulremenG of the appreprMN State and County
............................ Statute and Ordinance in November, 2004. LAND SURVEnNG .`•� ,y :) OWN. BY DATE JOB NO.
PLANNING & PLATIM'G •A!.^.. '`r TH 12-2-2004 2004_219
•..•.•.•••...••..•.•.•••..••..•.• ,q'� r 127t4 VALLEY AVENUE E.
Mgr• L/ C- SUMNER, WA 98390 CHKD. BY SCALE t. �, SHEET I
Supt.•of Reewde (2a]) ex -sue rr.e T1/2J 8
,,,,,,,,,,,,,,,, CMlficote No. 19833
OF 2
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Transportation Systems
Dept/Div/Board.. Planning/Building/Public Works
Staff Contact...... Robert Lochmiller, x-7303
Subject:
Maple Valley Highway (SR 169) Improvements
Phase 1, Cedar River Park Access
Facility Relocation/Modification Agreement with
Puget Sound Energy
Exhibits:
Issue Paper
Agreement
For Agenda of:
June 27, 2005
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
X
Recommended Action: Approvals:
Legal Dept......... X
Council Concur Finance Dept......
Risk Management X
Fiscal Impact: 317.12175.016.5950.0000.67.000000
Expenditure Required.. $ 80,537.19 Transfer/Amendment.......
Amount Budgeted....... $1,117,800 (Phase 1, 2005) Revenue Generated......... $5,866,940
Total Project Budget $8,095,492 (2005-2010) City Share Total Project.. $2,228,552
SUMMARY OF ACTION:
The Facility Relocation/Modification Agreement is for the construction costs associated with
Puget Sound Energy's project to relocate their existing utilities off their existing easements to
allow for the new alignment of the Cedar River Park Access road to be built as part of the Maple
Valley Highway (SR 169) Improvements Project. Their work will be done concurrently with the
awarded contract for the project.
The Transportation Systems Division has budgeted $1,117,800 in 2005. The budget includes the
construction costs for both Maple Valley Highway (SR 169) Improvements: Phase 1, Cedar River
Park Access contract and the construction costs of Puget Sound Energy.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Facility Relocation/Modification Agreement
with Puget Sound Energy in the amount of $80,537.19.
►{\Division.sMANSPOR TAT\ADMIN\Agenda 2W5\SR 169 Ph 1 PSE Re"te.doc
CITY OF RENTON
PLANNINGBUILDINGIPUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA:, Kathy Keolker-Wheele Mayor
1
FROM: Gregg Zimmerma6 ministrator
STAFF CONTACT: Robert Lochmiller, Transportation Systems Design
Project Manager, x7303
SUBJECT: Maple Valley Highway (SR 169) Improvements
Phase 1, Cedar River Park Access
Facility Relocation/Modification Agreement with Puget Sound
Energy
ISSUE:
Should the Council authorize the Mayor and City Clerk to execute the Facility
Relocation/Modification Agreement with Puget Sound Energy in the amount of $80,537.19 as
needed for the City to move forward with the Maple Valley Highway (SR 169) Improvements:
Phase 1, Cedar River Park Access Project?
RECOMMENDATIONS:
Authorize the Mayor and City Clerk to execute the Facility Relocation/Modification Agreement
with Puget Sound Energy in the amount of $80,537.19.
BACKGROUND:
Puget Sound Energy (PSE) utilities need to be relocated to allow for the new alignment of the
Cedar River Park Access road to be constructed as part of the Maple Valley Highway (SR 169)
Improvements: Phase 1, Cedar River Park Access Project. Puget Sound Energy's utilities are
located on existing PSE easements within the park. Entering into the agreement with PSE will
allow them to relocate their facilities needed for the City's transportation project.
Terri Briere, Council President
Members of the Renton City Council
June 27, 2005
Page 2
Re: Maple Valley Highway (SR 169) Improvements Project
Phase 1, Cedar River Access
Puget Sound Energy Facility Relocation/Modification Agreement
We will begin construction on the Maple Valley Highway (SR 169) Improvements: Phase 1,
Cedar River Park Access Project in September 2005, in order not to impact pool patrons. The
project will go to advertisement in June 2005, and the project will be awarded to a contractor in
July/August 2005. The relocation work by PSE will be done concurrently with the project.
The Transportation Systems Division has budgeted $1,117,800 for this project in 2005. The
budget includes the construction costs for both Maple Valley Highway (SR 169) Improvements:
Phase 1, Cedar River Park Access contract and the construction costs of Puget Sound Energy.
Attachment: PSE Agreement
cc: Sandra Meyer, Director, Transportation Systems Division
Leslie Lahndt, Transportation Design Supervisor
Robert Lochmiller, Transportation Project Manager
File
H Division s\TRANSPOR TAT\ADMIN\Agenda 2005\SR 169 Ph I PSE Relocate Issue Paper DOC
Facility Relocation/Modification Agreement
City of Renton and Puget Sound Energy
FACILITY RELOCATION/MODIFICATION AGREEMENT
This Facility Relocation/Modification Agreement ("Agreement"), dated as of this 141h
day of October, 2004, is made by and between PUGET SOUND ENERGY, Inc., a Washington
corporation ("PSE" or "Company"), and the City of Renton, a municipal corporation of the State
of Washington ("City). The Company and the City are sometimes referred to herein collectively
as the "Parties".
RECITALS
A. The Company owns and operates certain facilities: 12,470 volt, 3-phase, distribution
and feeder systems; Grady substation feeder 16 (GRA-25 &26) and Paccar substation feeder 14
(PAC-14); consisting of primary poles, PMH switch vaults, pad mounted transformers, conduit
and conductors (collectively, "Facilities"). All of the existing Facilities currently occupy and use
PSE easements.
B. The City plans to construct and undertake certain street and intersection
improvements to Cedar River Park Access, in the City of Renton. (Collectively,
"Improvements")-
C. The Improvements necessitate the redesign and modification or relocation of the
Facilities. In connection with the Improvements, the City has requested the Company to modify
a portion of the Facilities to ensure proper clearances are maintained between such Facilities and
Improvements in accordance with prudent utility practices ("Relocated Facilities").
D. The Parties desire to enter into this Agreement to govern the installation of the
Relocated Facilities.
AGREEMENT
Now, therefore, the Parties agree as follows:
1. Facilities Modification
1.1 Scope of Work
Subject to the terms and conditions of this Agreement, PSE shall provide the labor,
materials, equipment and other items necessary to modify and/or relocate the Facilities as more
particularly described in the statement of work attached as Exhibit A (the "Project Work"). The
design for the Project Work will meet the Company's engineering design standards and all
required approval by government authorities.
Northup Way (120 AVE NE to 124 AVE NE) Page 1
Facility Relocation/Modification Agreement
1.2 Obligations of City
The City shall, at its expense, provide survey support for the alignment and grade of all
surface mounted facilities.
1.3 Obligations of the Company
Prior to the commencement of the Work, the Company and the City shall mutually agree
upon a schedule that sets forth milestones for completing the Work ("Work Schedule and
Assumptions"), attached hereto as Exhibit B. The Work Schedule and Assumptions may be
revised from time to time by mutual agreement of the Parties.
The Company shall perform the Work in accordance with the Work Schedule and
Assumptions, provided, however, that the ability of the Company to perform the Work is subject
to any and all conditions placed upon the Company by governing jurisdictions. So long as the
Company performs the Project Scope of Work (Exhibit A) in accordance with the Work
Schedule and Assumptions, the Company shall not be liable to the City (or its agents, servants,
employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or
liability asserted or arising in connection with the Work Schedule and Assumptions, Exhibit B.
1.4 Ownership of Facilities
The Company shall own, operate, and maintain all Facilities installed, redesigned
modified or relocated pursuant to this Agreement.
1.5 Permits
The Company will secure all necessary permits prior to commencement of the
construction necessary to complete the Work.
1.6 Easements
All of the existing Facilities are within existing PSE held easements. PSE is to provide
documentation of its existing easements, the location of those easement and the Facilities within
those easements identified in Exhibit A. The Parties acknowledge that the company may have to
obtain, at its sole cost and expense, new operating rights for the relocated Facilities.
2. Costs
2.1 General
As provided in 2.2 below, The City shall be responsible for, and reimburse the Company
for, all actual and reasonable Costs and Expenses necessary to the redesign and modification or
relocation of the existing Facilities within existing PSE held easements. PSE will provide
supporting documentation of all Costs and Expenses, to demonstrate to the City's reasonable
satisfaction, that the Costs and Expenses incurred were reasonable and necessary to
accommodate the Improvements. For the purposes of this Agreement, "Costs and Expenses" are
Northup Way (120 AVE NE to 124 AVE NE) Page 2
Facility Relocation/Modification Agreement
any and all direct or indirect costs necessarily incurred and reasonably allocated to this
Agreement or its performance, including, but not limited to, the cost of materials, construction,
management and engineering, allowable right of way (if any) and overhead. Costs and Expenses
shall not include expansion of the existing Facilities or installation of new facilities to
accommodate future growth or enhancements or improvements to the existing Facilities.
2.2 Estimate
As of the date of this Agreement, PSE has provided an estimate for all Costs and
Expenses to reasonable and necessary to perform the Work in accordance with this Agreement
("Estimate") in the amount of $80,537.19 (Exhibit Q. The City has requested and PSE will
provide, within 30 days of the execution of this agreement, such documentation as is necessary to
support the reasonableness and accuracy of this estimate.
2.3 Change Order Proposals
If the actual Costs and Expenses are greater than the Estimate, the Company shall require
the City to sign a Change Order describing the necessary revisions to the Project Scope of Work
(Exhibit B) and the Estimated Costs and Expenses associated with the revisions. The City shall
be responsible for, and reimburse the Company for, the actual cost of the revisions that are
necessarily incurred and allocable to the Project Work for the redesign and modification or
relocation of the existing Facilities to accommodate the Improvements.
Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually
acceptable equitable adjustment for any Change Order, each Party shall, if requested by the other
Party, proceed with the Work in accordance with any approved Request for Change while
reserving any rights or claims they may have with respect to any equitable adjustment for any
Change Order. Any request to proceed hereunder must be accompanied by a written statement
setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the
other Party.
2.4 Payment
PSE shall provide a complete a detailed accounting and statement for the Project Work, with
supporting documentation ("Invoice"), within ninety (90) days of completion the Project Work
performed pursuant to the Work Schedule.
The Invoice should be sent by mail to:
Robert Lochmiller
Project Manager
City of Renton
1055 S. Grady Way, fifth floor
Renton, WA 98055
The Invoice shall itemize the Company's Cost and Expenses, separately itemizing all of
the Costs and Expenses that make up or are part of Labor, Materials, Equipment, Service
Northup Way (120 AVE NE to 124 AVE NE) Page 3
Facility Relocation/Modification Agreement
Provider Outside Services, Overhead, Subcontractors, or Operating Rights or any other category
of Cost and Expenses included in the Invoice.
At the City's request, the Company agrees to allow access to all information used in
determining the final actual costs of the project with the mutual understanding that some of the
information obtained may be proprietary in nature, and therefore, not available for public
dissemination. In response to the City's request, the Company will provide, within a reasonable
period, access to such documentation and information so the City may verify the Costs and
Expenses in any Invoice.
The City shall, subject to verification of the Costs and Expenses detailed in the Invoice,
make payment to the Company for amounts due to the Company within thirty (30) days.
2.5 Costs Upon Termination of Work
In the event that the City cancels the Improvements proposed hereunder, the City shall
reimburse the Company for all reasonable Costs and Expenses necessarily incurred and allocable
to the Project Work so far performed under this Agreement prior to the date of notice that the
Improvements have been canceled.
3. Indemnity
The City releases and shall defend, indemnify, and hold the Company harmless from all
claims, losses, harm, liabilities, damages, costs, and expenses (including, but not limited to,
reasonable attorneys' fees) caused by, arising out of, or in connection with the performance of the
City under this Agreement. During the performance of such activities, the City's employees shall
at all times remain employees of the City
The Company releases and shall defend, indemnify, and hold the City harmless from all
claims, losses, harm, liabilities, damages, costs, and expenses (including, but not limited to,
reasonable attorneys' fees) caused by, arising out of, or in connection with the performance of the
Company under this Agreement. During the performance of such activities, the Company's
employees shall at all times remain employees of the Company.
4. Miscellaneous
a) Compliance with Law. The Company shall, in performing the services under
this Agreement, comply with all federal, state, and local laws, ordinances, and regulations
applicable to the services to be rendered under this Agreement.
b) Independent Contractor. The Company and City agree that the Company is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Company nor any employee of the Company
shall be entitled to any benefits accorded City employees by virtue of the services provided under
Northup Way (120 AVE NE to 124 AYE NE) Page 4
Facility Relocation/Modification Agreement
this Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Company, or any employee of
the Company. With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Company expressly waives its immunity under Title
51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees,
and agrees that the obligation to indemnify, defend and hold harmless provided for in this
Agreement extends to any claim brought by or on behalf of any employee of the Company.
c) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist
upon or enforce strict performance by the other Party of any provision of this Agreement or to
exercise any other right under this Agreement, and no course of dealing or performance with
respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver
or, or choice of, or relinquishment of any right under any provision of this Agreement or any
right at law or equity not otherwise provided for herein. The express waiver by either Party of
any right or remedy under this Agreement or at law or equity in a particular instance or
circumstance shall not constitute a waiver thereof in any other instance or circumstance.
d) No Third Party Beneficiaries. There are no third -party beneficiaries of this
Agreement. Nothing contained in this Agreement is intended to confer any right or interest on
anyone other than the Parties, their respective successors, assigns and legal representatives.
e) Entire Agreement. This Agreement constitutes the entire agreement of the
Parties with respect to the subject matter hereof and all other agreements and understandings of
the Parties, whether written or oral, with respect to the subject matter of this Agreement are
hereby superseded in their entireties.
f) Governmental Authority. This Agreement is subject to the rules, regulations,
orders and other requirements, now or hereafter in effect, of all governmental regulatory
authorities having jurisdiction over this Agreement, the Parties or either of them. All laws,
ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of
governmental regulatory authorities that are required to be incorporated into agreements of this
character are by this reference incorporated in this Agreement.
g) No Partnership. This Agreement shall not be interpreted or construed to create
an association, joint venture or partnership between the Parties or to impose any partnership
obligations or liability upon either Party. Further, neither Party shall have any right, power or
authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent
or representative of, or to otherwise bind the other Party.
h) Applicable Law. This Agreement shall in all respects be interpreted, construed
and enforced in accordance with the laws of the State of Washington (without reference to rules
governing conflict of laws), except to the extent such laws may be preempted by the laws of the
United States of America.
North up Way (120 AVE NE to 124 AVE NE) Page 5
Facility Relocation/Modification Agreement
i) Severability. In the event that any provision of this Agreement or the application
of any such provision shall be held invalid as to either Party or any circumstance by any court
having jurisdiction, such provision shall remain in force and effect to the maximum extent
provided by law, and all other provisions of this Agreement and their application shall not be
affected thereby but shall remain in force an effect unless a court holds they are not severable
from the invalid provisions.
In witness whereof, the parties have executed this Agreement as of the date set forth
above.
THE CITY OF RENTON
Its
PUGET SOUND ENERGY,
By
Its
North up Way (120 AVE NE to 124 AVE NE) Page 6
WA , 2000-2001-23-05-17NE, Sheet 1 of 1
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The Grantor THE CITY OF: XMMWji.',WASHINqM 'It' Wm-'Icipal'Cotooratlon,
In considersUon , 770 00 i.doos,��.,hsrs
WASURMN KATUFAL-W Compar;,'
a Ipubll i - utility `oorpq tloc;,: to sasemnt
for a gas pipeline or,pipelln* followingdescribed �ndar,,
property of the Grantor _J to -wit: �'f i so in width together with a,
5
temporary construction easement 20 feat in width of -16h the center line is as followetj
Beginning at the most easterly properi,Tj, Cedar River Park, as located
on the westerly right of way line of Primary I 9711vay No 5, said point of
,in r ..b beginning being known as Monument No. 1, as describe'd' Condemnation Court Order
440308, dated April 17, 1952, on record in the offic4:6'f King County Clerk; thence
northwesterly a distance of 15 feet along a line beaAAg 8 410 251 00" E to the true
point or beginning: Thence vasterly a distance bearing
. . feet along a line
S 520 50' 00" W, thence westerly a din i;et aldhg a line bearing-S 8r
a. ng a line bearing 0 474
westerly a-disl
35' 00 W; thence nce eet" S 85
30" W; thence westerly a distance of along`] line -bearing N 770 50� 30" W.
All situated in the SE, SW and KW Quarter, Section 1.,% Township 23, Range 5 East., W.14.p
City of Renton, Xing County, Washington, —subject to .. sting sewer casement heroLofore
Granted to '.iunicipality of 14etropolitan So& t a dated .:ay 22, 1962 reference beip - here
giving and granting to said Company such access righti"iLs ml b; necessary fort
the installation, operation and maintenance of such pikline or lines; and, by
the acceptance of this easement, Washington Natural GdskCbwpaay agrees to In-
stall, Operate and maintain such pipeline or lingo vith-the least possible
o
inconveni mcL(40e t- RGrantor d to hold ibi Grantor harmless
___j anagrees ins'
"
from any loss.. ct or damage resulting from the InshwlIxtion, operation or
maintenance of%such pipeline or lines.
4
DATED this 1st day of oc
STATE OF WASE120MM
COUNTY OF
On this day of ke. 4-rl t-, 19 LZ�
a Notary Public, duly commissioned and sworn, perac
Frank Alimetit , Mayor and Ilela4ie"o Nelson, City Clerk of
a me, the undersigned,
appeared
City or Renton, Wash.,
to me known to the individual -..: described inandwho executed the with
foregoing instrument, and acknowledges said Instrument to be their
and ypluntary act and deed for the uses and purposes therein mentioned.
a and
free
W1:I7xV;4;*,WE!and':affixed I have hereunto signed my name andffixed my notarial seal
e 'N'i&ye&.r In this certificate first above wrjtien
r
itc-que.1 afV.'e". 1!4a!�fsl Gas Co.
R__Hk I A MORRIS. Co-ntY Auddot
Not4ry PUblVc, In and for the State
of Washington, residing at
WASHDIGTOX K(WRAL GAS COMPANY
EkSEMEATLFOR GAS IJIM
I Jj
CROSSING OVATE PROPERTY
ORICIi A
Pl1OET EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM
POWER For and in consideration of One Dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged,
_RAMAC, INrr,,, a 5(aC..lingtQn cor-poratian
("Granlnr herein), grants. conveys and warrants to P11GEr SOUND POWBR to LIGHT COMPANY, a Washington cor-
poralion (" Grantee." herein), for the purposes hereinafter set forth a p erpeelual easement under, acrasx and over the fol-
lowing described real prnlxerty (the "Property" herein) ..-KING. _ _ County, Washington.
See Attached EXHIBIT "A"
:t v -
'" _ 1 E
X
C
ISE TAX NOT
. c King Co- o. RecOiRED
u 7. By -a cis Division
—Deputy
Fxcegrt as may he otherwise sat forth herein Grantee's rights shall lee exercised upon that portion rd the Property (the "Right -
of Way" he.rcinl described as follows:
Q A Righ)et Wa3' — B I 1 feet In Width havinR five (S 1 _ feed.(such width on each aide of itcantar-
0 line eicsetrilied as follows
The Oenterline of Grantee'.$ faci itieli as ,coistructdd or to be con-
structed,-�ztended, or relocated, y iie3 w ':thin f-b above described
d prope:rty.
ggrp�i2E� 9O'_rt�8 3
RECD F '.0t
rRSHSL
_1
1. Purpose. Cranteeee shall have the right to construct, operate, maintain. repair. replace and enlarge an underground electric
transmimi on and/or distribution system upon and under the Right -of -Way together with all necessary or convenient air
)urtexuancex therefor, which may include bed are not limited to the following: underground conduits. cables, communication
lines: vaulm manholes. switches, and transformers; and semi -buried or ground mounted facilities. Following the initial con-
strudion of its facilitiees. Grantee may from lime to time construct such additional facilities as it may require.
L Access. Grantee shall have the right of access to the Right -of -Way over and across the Property to enable Grantee to exer-
ciseits rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the rxer-
cisee of said right of access.
!. Obstructions; Landscaping. Grantee: may from time to limo remove trees, bushes, or other obstructions within the Right -
of -Way and may level and grade The Right- if -Way to the extent reasonably necessary to carry out the purposes set forth in
Paragraph i herrnf, provided, that following any such work, Grantee shall, to the extent reasonably predicable, restore the
Right-0f-Wry to the condition it was immediately prior to such work Following the installation of Granters underground
facilities. Grantor may undmake any ordinary Improvements to the landscaping of the Right -of -Way, provided that no trees or
other plants shall he placed thereon which would be unreasonably expensive or impractical for Grantee to remove and
restore. f
4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with
the rights herein granted. provided: that Grantor shall not construct or maintain any building or other structure on the Right -
of -Way which would Interfere with the exercise of the rights herein granted; that no digging, tunneling or other form of con-
slrudion activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the
Right -of -Way. or endanger the lateral support to said facilities: and that no blasting shall be done within is feet of the Righl-of-
Way.
S. indemnity. By accepting and recording this easement, Grantee agrees to Indemnify and hold harmless Grantor from any
and all claims for Injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights
herein granted; provided, that Grantee shall not be responsible to Crantor for any injuries and/or damages to any person
caused by acts or omissions of Grantor.
S. Abandonment. The rigouts herein granted shall continue until such time as Grantee ceases M use the Rig ht-of.Way for a
period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Gran-
tor. provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its
facilities on the R(Rht-of-Way within any period of time from the date hereof.
T. Successors and Assigns. The rights and obligations of The parties shall inure to the benefit of and be binding upon their
reslxrtive successors and assigns.
R-2633 KJ-AC001 FILED FOR RECORD AT REOUEST OF:
8801487 235-65 PUGET POWER
•mart.» REAL ESTP.TE DIVISION ATTN: DICK DOWNS
PUGET POWER BLDG.
BELLEV'JE, WASHIKIGTCW 98009
DATED this 'g, -3 day of
. 19 � •T. _
GRANTOR
RAMAIC, I a Wasbington rnrp nrati tin
red before me
to me known to the indivldual _ described in and who executed the within and foregoing instrument, and acknowledged that
W the same as _ free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my ha nd official seal this day of
Notary Public in and for the State of Washington,
residing at
STATE OF WASH INGTON I
SS
fb11NTY OF I
0
On this day personally appeared before me
to me known to be the individual _ described in and executed the within and forgoing instrument, and acknowledged that
CQ __— signed the same as free and volu ry ad and deed for the uses and purposes therein mentioned.
OGIVEN tinder my hand and official seal this day of
Notary Public in a for the State of Washington,
residing at _.. __
STATF. OF WASHINGTON I
SS
COUNTY OF I
On this day personally appeared before me
10 me known to he the individual — described in and who executed the within and foregoing instrumen
signed the same as ire. and voluntary act and deed for the uses and purposes
GIVEN under my hand and official seal this ,— day of _
STATE OF WASHINGTON 1
acknowledged that
tin mentioned.
—11, 19
Notary Public In and for the State of Washington.
residing at
SS CORPORATE ACKNOWLEDGMENT
COUNTY OF/ //Y9 I I p
On this el� day of '�/ALL' 19Py. , before me. the undersigned. personally appeared
and to me known to be the and —_ _ respectively, of
RAMAC.Tl'Ic- the corporation that executed the foregoing instrument
and acknowledged the said instrument to he the free and voluntary ad and deed of said corporation. for the uses and purposes therein
mentioned, and on oath stated that --/- _ authorized to execute die said instrument and that the
anal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written -7
Notary Public d for the State of W�n.
residing at "a�si1�3 r�� /lty �tsr�C r�: --
ORIGINAL
RAMAC, INC.
R-2633
8801487
KJ-AC001
235-65
EXHIBIT "A"
That portion of Northeast quarter of Section 17, Township 23 North,
Range 5 East, W.M. in King County, Washington described as follows:
Commencing at the East quarter corner of said Section 17; thence
North 89.45117" West 1325.03 feet; thence North 01611100" East
252.22 feet to the Southerly line of the plat of H.G. White's
Monterey Terrace Addition to the City of Renton as recorded in
Volume 50 of Plats, Page 36, records of King County, Washington;
thence North 89.45'17" West along said South line of Monterey
Terrace and its projection West 571.27 feet to the Northeasterly
right-of-way line of State Highway No. 5, also known as "Maple
Valley Highway," and the TRUE POINT OF BEGINNING; thence North
89045117" West along said right-of-way 41.43 feet; thence North
37043141" West along said right -of way 148.88 feet; thence North
02"11'57" West along said right-of-way 10.00 feet more or less;
thence North 40.47135" West along said right-of-way 557.00 feet
more or less, to the Southeasterly right-of-way of the "H-Line"
on ramp to Primary State Highway No. 1, also known as Interstate
on Highway No. 405; thence North 49.54'38" East along said South-
0 easterly right-of-way line a distance of 448.54 feet; thence
Cl) North 09*00122" West 86.02 feet to the South margin of Old Bronson
0 Way; thence North 82031'50" East 115.84 feet along said South mar -
GO gin to an angle point at the Southeasterly margin of Old Bronson
Way; thence North 22110150" East 78.74 feet along the Easterly
C margin of Bronson Way; thence South 12.48'43" East along an exten-
(Z) sion of the West line of Lot 16 of Monterey Terrace 190.44 feet
Q0 to a point of curve to the right, said curve having a radius of
360.00 feet; thence Southerly along said curve to the right 87.97
feet through a central angle of 14*001001; thence South 01*11117"
West 287.61 feet; thence North 88040143" West 10.00 feet; thence
South 01°11'17" West 452.14 feet to the TRUE POINT OF BEGINNING.
FILED FOR RECORD AT REQUEST OF:
PUGET POWER
REAL ESTATE DIVISION
PUGET POWER BLDG.
BELLEVUE. WASUING ON 98009
ATTN: DICK DOWNS
3311nim
`i Orl'
if
WIN vo LNMIJ ITIIAU Im jo Y!,
MW 301710 VOILY301 3313314 X
"saw®r IMIS31Id31 M 030MMI IN Si JVA SIHI
ve
0 s
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wo
V37V --LM 3vv3sva
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LIB 1 <7199
5-ST-LI 3N i
1P1&r4 Er EASEMHNT FOR UNDERGROUND ELECTRIC SYSTEM ORIGINAL
Pry MIER
CITY OF RENTON, a Municipal Corporation
("Grantor herein), grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington cor-
poration ("Grantee- herein), for the purposes hereinafter set forth a perpetual easement under, across and over the f&
IoNing described real property Ithe "Property" herein) King County Washington.
See Exhibit "A" Attached Hereto
L% ,.
23i0i✓05 005E2 D
RECD F 5.00
CASH5L **z**5.00
22
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon dial portion of the Property (the `Right -
of Way" herein) described as follows:
A Right of {Nay 10 feel in width having S feet of such width on each side of a center-
line described as follows:
The centerline of Grantee's facilities as constructed or to be constructed,
extended or relocated lying within the above described Property.
L Purpose. Grantee shall have the right to construct, operate. maintalm repair, replace and enlarge an underground electric
transmission and/or distribution system upon and under the Right -of -Way together with all necessary or co ivenient ap-
puricnsnces therefor, which may include but arc not imited to the following. underground conduits, cables, communication
lines: vaults, manholes, switches, and transformers: and semi -buried or ground mounted facilities. Following the initial con-
struction of its facilities. Grantee may from time to time construct such additional facilities as it may require.
2. Access. Grantee shall have the right of access to the Right -of -Way over and across the Property to enable Grantee to exer-
cise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exer-
cise of said righ! of access.
d. Obstntdions• Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within the Right_
of-11'ay and may level and Bade the Right of-Wal to the extent rrasaubly necessary to prry out die purposes set forth is
paragraph 1 hereof, provided, itial foll0N7nngg any such worts Cranlee shall to 1}ne extent reasonably prscticaWe restore the
Right of_11'ac to tie condition it was immediately prior b such wont Following the installation of Cnnlee s underground
facilities. Grantor may undertake any ordinary improvements b the landscaping of 11ie Right of•Way, provided that no trees or
other plants shall be placed thereon which would be unreasonably expensive or impractical fa Grantee b remove and
restore.
a. Crardor's Use of RlQhtof•Way. Grantor reserves the right to use the Righlof-Wry for any purpose not Inconsistent with
the right, herein granleQ provided: that Grantor shall not construct or maintain any building or other structure on the Righl-
of-Way which would interfere with the exercise of the rights herein granted; that no digging, tunneling or other form of con-
sircction actility shall be done on the Property which would disturb the compaction or unearth Craatee'a facilities on the
Rightof-Way, or endanger the lateral support to said facilities; and that no blasting shaU be done within IS feet of the Right_of-
Way.
S. Indemnity. By accepting and recording this easement. Grantee agrees to indemnify and hold harmless Grantor from any
and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights
herein F"Ied; provided, that Grantee shall not be responsible to Grantor for any le4wies atld/or damages io any person
caused by art_ or omissions of Grantor.
a. Abandonunent. The rights herein granted shall continue until such time "Grantee ceases 10 use the Way for a
period of five 151 successive years, in which event this easement shall terminate and all rights hereunder shall revert 10 Gran•
sex. provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially loatall its
facilii" w. the Right -of -Way within en), period c1 time Inim the date hereof.
7. Successor's and Ass(yos. SST and obligations of the parties shall inure to the benefit of and be binding upon their
respective successor andR-11rwta
0577856
KJ-32
use rr 1•79 a ZY K�
DATED this -CL(_ day of
GRANTOR
CITY OF RENTON
By
U
STATE OF WASHINGTON I
SS
Gout%," OF i
On this day personally appeared before me
to me kno%m to be the individual _ described in and who executed the within and foregoing instrument. and acknowledged that
signed the game as free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
Notary Public in and for the State of Washington.
residing at
STATE OF WASHINGTON I
SS
COUN'N OF I
.19
On this day personally appeared before me
to me known to be the individual _ described in and who executed the within and foregoing instrument, and acknowledged that
signed the same as free and voluntary act and deed for the use and purposes therein mentioned.
GIVEN under my hand and official seal this day of
Notary Public in and for the State of Wad ington,
residing at
STATE CiF WASIM9G M )
) SS,
C 0UNTY or KING )
. 19 .
aI this a 7 A day of Q f.Q. . 193 3, before rethe u-toersignea, a9 notary pdblic in and for tine Smote gtorl, duly com nis-
sioned a:Itd vworn, personally appea(rled
to r e knoo �rl to be the Y(l r ttn. cL Q n �` -11 C, k- o t
rimici.zl corporation that cecuted rego�ng instnxnent and ackriow e� the
salve to be the free and Voluntary act and deed of said lmmicipal corporation, for
the uses and purposes therein Itentioned, and on oath stated th3t�ate wt¢.
authorized to execute the said ins`t.zuttent.
1A7MCS.S Ivy hand and official seal hereto affixed the day and year in this
certificate above Written.
Approved as to form:
3:a�rrt�c City Att6rney
Notary lrlubUcut at SAL -
and for State o
h'ashGgffif:, residing at
1"
7CRT g`I
Rev.B-2-83
EXHIBIT "A"
That portion of Government Lots 4 and 7 and of the Southwest quarter
of the Northeast quarter of Section 17, Township 23 North, Range 5
East, W.M., described as follows;
Beginning at the intersection of the easterly line of the Pacific
Coast R.R. Cols. right of way with the center line produced North
81•56' East of First Avenue North, shown as "County Road" along
the southerly line of Car Works Addition to Renton, according to
plat thereof recorded in Volume 15 of Plats, page 47, records of
King County, Washington; thence South 23.38'45" West along the
easterly line of said R.R. right of way 38.76 feet, more or less,
to the southerly line of a county road and the TRUE POINT OF
BEGINNING, which point is marked by a concrete monument; thence
along said county road line North 86"12' East 99.82 feet to a
point on a curve to the right with a radius of 286.48 feet which
p� point is in the southwesterly line of Maple Valley Road; thence
continuing on said southwesterly line on said curve to the right
and parallel with the center line of said Maple Valley Road, a
p distance of 180.45 feet; thence continuing along said Maple
4
Valley Road line South 41.25' East 1,228.45 feet to the North
M side of fence marking the northerly line of a tract of land
CO leased to the Stoneway Dock Company, a corporation, by instru-
ment dated March 1, 1937, and recorded as Auditor's File No.
2994387, records of said county, said point being designated as
Monument 41; thence along the northerly side of said fence line
South 47.32130" West 273.25 feet to Monument #2; South 88026'
00" West 251.95 feet to Monument #3; South 39924135" West 73.20
feet to Monument #4; North 79904140" West 176.04 feet to Monument
#5 and South 27.58'20" West 400 feet, more or less, to the
southerly boundary of said Government Lot 4; thence northwesterly
along said Government lot line 980 feet, more or less, to the
easterly line of said Pacific Coast R.R. Cols. right of way; thence
northeasterly along said right of way line, 1,350 feet, more or
less, to the TRUE PLACE OF BEGINNING.
EXCEPT that portion thereof for State Route 405
and EXCEPT that portion thereof for State Route 169 - Maple Valley Highway.
w ww "'to-
R /7z7
D57785�6
h'.7 3 Z
TIIIS MAP IS NOT INTENDED 10 REPRESENT
THE PRECISE LOCATION OR THE WENT
Of PUGET POWER'S PRESENT OR FUTURE
FACILITIES.
/7- Z3- 5
f
F.9SEN7£MT AptCq ❑
C iTY of �PEN7-ow
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""17AL&r oreee•,e ASc IIS'ep�
:ALL Puoa POP U POO UNCOMp1 UNC ►AVATIM AM"Ah" PHOW 1-20-
{[TOM 1{ MOTTO M FAL W (/IpM FW 9 AGT UWAT10M OF P VASM FArA/TI{{
SL _ -J79
MEN
limLi- _ 11INC
�.
MUM
,. :.:.KAMM,
EASEMENT ��
... Div
For and in consideration of One Dollar ($1.00) and other
valuable consideration, the receipt of which is hereby acknow-
ledged, RAMAC INC, as to Parcel "A" and RAMAC INC. who
ac wired t t e as D. C. Sane, Inc., as to the remainder,
Grantor herein), hereby grants, conveys and warrants to
- PUGET SOUND POWER i LIGBT COMPANY, a Washington corporation,
("Grantee' herein), for the purposes hereinafter set forth, a
perpetual easement over, across and under the following des-
cribed real property (the "Property" herein) in King County,
{ Washington:
O: See Attached Exhibit "A"
N
Ca
Except as may be otherwise set forth herein Grantee's rights
shall be exercised upon that portion of the Property (the "Right
of Way" herein) described as follows:
A Right of Way 10 feet in width having 5 feet of such width on
each side of a centerline described as follows:
'Commencing at the intersection of the northeasterly margin
of the Renton -Maple Valley Road (SR 169) and the south
easterly margin of SR 405, said intersection being the
most westerly corner of the above described Parcel 'W;
thence N 50.26030" E along said southeasterly margin of
SR 405, 184.22 feet to the True Point of Beginning; thence_
S 41025100" E 60 feet to the termination of the center-
line herein described.
I. Purpose. Grantee shall have the right to construct,
maintain, repair, replace and enlarge guy wi;es and aaCbQr.
over, on and/or under the Right of Way together with all necess-
ary or convenient appurtenances thereto.
2. Access.' Grantee shall have the right of access to
the Right o7 Way over a roadway to be constructed across the
above described Parcel "A".
3. Grantor's Use of Right of Way. Grantor reserves the
right to us_e_tFe_1Ugnt of Way for any purpose not inconsistent
with the rights herein granted, provided, that Grantor shall
not construct or maintain any building or other structure on
the Right of Way and Grantor shall do no blasting within 300
feet of Grantee's facilities without Grantee's prior written
consent.
"-rr 4. Successors and Assi ns. 'The rights and obligations
of the parties s all Inure to he benefit of and be binding
upon their respective successors and assigns.
s(
DATED this- _ day of OC /-0 v e,,x- , 19 gG
80/12/03 #0545 E
GRANTOR RECP F .•50
50
it
tent. t
F�CCiS NOT Reau-
Ca Rwoc s 06,14 ,n
RAMC, INC
Byss
RE C. Pf rr
BY = i A ..
t 1f
jr : .
REcckus s ;ccrTy
AINC, •
STATE OF WASHINGTON)
COUNTY OF KING ) SS.
On this day of [ D , 29�, before me, the
undersigned, persona y appear- yj
O� R d aad . to me mown to t e
respectively, of
MAC, INC., t ___'_at on t executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary
in act -and deed Of -said corporation, fo the uses and purposes therein
mentioned, and on oath stated that] a authorised to
oexecute the said instrument,
N WITNESS my hand and official seal hereto affixed the day and
year first above written.
co
- T EXV1617 A
Those portions of the Southwest 1/4 of the Northeast 1/4 of
Section 17, Township 23 North, Range 5 East,
as follows: W.td., described
Parcel "A": Commencing at the intersection of the centerlines
of the old Renton -Issaquah Road, now Bronson Way North, and
the'Renton-Maple Valley Road, now SR 169, running thence S 41"
25100" E along the centerline of said Renton-ttaple Valley Road
U 371:14 feet, said point being S 41.25100" E 393.97 feet 4rom
LO Lt the intersection of the centerline of said Renton -Maple Valley
Road with the monument line of Bronson �Wa , intersection, produced easterly; thence N�48.35100' Ewesterly f2this
5 feet
(1J to the easterly margin of said Renton -Maple Valley Road; thence
S 41'25'00" E 150 feet; thence N 480351000 E 90 feet to the True
m
Point of Beginning of this description; thence continuing N 48•
35100" E 184.10 feet; thence N 70401000 W to an intersection
with the state highway right of way bearing N 50.261301 E and
distant 60 feet from the centerline of the "U" line, an on -ramp
to future Primary State Highway No. l (SR 405); thence S S0126'
30" W along said state highway right of way to an intersection
with a line bearing N 41.25100" W from the true point of begin-
ning; thence S 41*25100" E along said line 50.00 feet to the
True Point of Beginning.
Parcel "B": Beginning at a point N 89045917" W 1896.90 feet
and N 1!11'00" E 383.21 feet of the east quarter corner of said
Section 17; thence N 1*11100" E 323.23 feet to a point west of
the north line of Lot 10, Block 1, Plat of Monterey Terrace,
Volume 50, page-36; thence S 880491001 E 10 feet; thence N 1.11'
00" E 287.61 feet; thence on a curve to the left with a radius
of 360•feet through an angle of 14' a distance of 87.97 feet;
thence N 120491000 W 183.90 feet to the southerly margin of
.Bronson Way North; thence along said southerly margin S 25018'
00" W 74.13 feet; thence S 81'S8'00" W 279.43 feet; thence S 07'
23129" E"242.74 feet; thence S 480521320 W 118.77 feet; thence
S 410071290 E.599.64 feet to the point of beginning. Less
.state.highway.
Parcel "C": Beginning at.a point N 89.45117" W 50 feet from the
southwest corner of the Plat of Monterey Terrace, Volume S0, page
36;. thence N 890451170 W to the northeasterly margin of Renton-
-Maple Valley Road; thence N 41007129" W 642.80 feet; thence N 48•
52132" E 150•feet; thence S 410071291 8 to a point SO feet west
of the west line of said Plat of Monterey Terrace; thence south-
erly along said west line to the point of beginning. Except the
southeasterly 100 feet of the northwesterly 251.74 feet thereof.
And Less 5tate highway.
0 P VIEVv- EXHIBIT-4-
1" 50'
•
•per ���
L0 Oy ' ' `` `
CV
LS k' +� 10x 60' easement
Co
parcel "B"
er
s -
. .SI.DE VIEW
LOOKING NOPTH 1" 20' .
existing guys (temporary)
proposed location of N \
new guys and anchor M
W road '
Nw CoptAIUL of
1 1i I, r vi s..ff
is Jae
3Sl
OVA, 1+!
t r •,
c -ts. a ��cc1 �• F-
3�oT '� Cyyy icxaf f Z O 66AC-
74/f6
r44 f. ,t�TI 215 Off.
Y tiC�. • •• •• ``� J� � .� � `t, tt.�yO , A O �F �7
t/4 lit I
C� Fad`
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CITY Of RENTON
3XI At-
16
r e iCL.LlO
Cos
MoNrER� Y
v
y2 ,SLj
H
CHARLES SHAME � �• Q Q 12
ad S E
U.
A 6.30 Ac,
Qc a
\\ '•• � i � V 106
•' ^per, it , ..
Cedar Rive r
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C,
5 T6\E NAY LAND S
GZAVEL U.
\ 313Jc <
CITY OF RENTON COUNCIL AGENDA BILL
Al N:4 L
Submitting Data: Planning/Building/Public Works
For Agenda of:
Dept/Div/Board.. Transportation Division
June 27, 2005
Agenda Status
Staff Contact...... Ryan Zulauf, x7471
Consent .............. X
Public Hearing..
Subject:
Lease Addendum to Lease LAG 001-87 with the
Correspondence..
Boeing Employee Flying Association
Ordinance .............
Resolution........... .
Old Business........
New Business....... X
Exhibits:
Issue Paper
Study Sessions......
Lease Addendum
Information.........
Recommended Action:
Council Concur
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated......... $44,529.71
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
Approval is requested for a lease addendum to the Boeing Employee Flying Association lease
agreement, LAG 001-87, for an increase in the ground rental rate. Lease LAG 001-87 allows
for a periodic ground rate adjustment using the Consumer Price Index for the Urban Seattle
Area. As a result of the increase the Boeing Employee Flying Association ground rent has
increased from $40,197.84 to $44,529.71 per year, or from $0.322 to $0.3567 per square foot
per year.
STAFF RECOMMENDATION:
Approve a lease addendum to the Boeing Employee Flying Association lease agreement
LAG 001-87 for an increase in their ground rental rate using the Consumer Price Index for
Urban Seattle.
0
IiAfile sys\AIR... \Projects\Tasks\Agenda Bills\agbill BFFA lease addendum.doc
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: �.1 Mayor Kathy Keolker-Wheeler
'J t't
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ryan Zulauf, Airport Manager ( x7471)
SUBJECT: Lease Addendum To Lease LAG 001-87 With The Boeing
Employee Flying Association
ISSUE:
Should Council approve the lease addendum to the Boeing Employee Flying Association lease
agreement, LAG 001-87, for an increase in the ground rental rate?
RECOMMENDATION:
Approve a lease addendum to the Boeing Employee Flying Association lease agreement LAG
001-87 for an increase in the ground rental rate using the Consumer Price Index for Urban
Seattle.
BACKGROUND SUMMARY:
The Boeing Employee Flying Association (BEFA) lease allows for a periodic adjustment of the
ground rental rate using the Consumer Price Index for the Urban Seattle Area (CPI-U). The
difference between the CPI-U of April 25, 2000 and March 16, 2005 is 10.79% (195.1 — 176.1 /
176.1 = 0.1079 or 10.79%). On June 1, 2005, BEFA's ground rent was increased from
$40,197.84 to $44,529.71 per year, or from $0.322 to $0.3567 per square foot per year for the
next five-year period, ending on May 31, 2010.
IlAfile sys\AIR... \ Projects\Tasks\Agenda Bills\Isspaper BEFA lease addendum.doc
LAG 001-87
Addendum #
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Boeing Employee Flying Association)
THIS ADDENDUM to Lease Agreement LAG 001-87 is effective as of the date
of execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, Boeing Employee Flying Association has a Lease Agreement with the
City of Renton, LAG-001-87, executed on January 1, 1987, for a term of thirty-two (32)
years with an option to renew for another ten (10) year period to expire on December 31,
2029 and
WHEREAS, during June 2000, the land rental rate for the approximately 124,838
square feet of land area leased by Boeing Employee Flying Association was determined to
be $0.3220 per square foot per year and continuing until June 1, 2005; and
WHEREAS, on June 1, 2005, and for the ensuing five (5) year period, the land
rental rate was adjusted, using the Consumer Price Index -Urban, to a rate of $0.3567 per
square foot per year for the 124,838 square feet of leased area, resulting in an annual
rental amount of $44,529.71 (124,838 x $0.3567 = $44,529.71), and continuing until June
1, 2010.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND BOEING EMPLOYEE FLYING
ASSOCIATION AS FOLLOWS:
WITNESSETH:
Lessor and Lessee agree that the difference between the CPI-U of April 25, 2000 to
March 16, 2005, is 10.79% (195.1 — 176.1 / 176.1 = 0.1079 or 10.79%). This results
in an annual rate increase from $0.3220 to $0.3567 per square foot (0.3220 x 1.1079 =
$0.3567); and
2. The Lessor and Lessee do hereby agree to an annual land rent of $44,529.71 (124,838
x 0.3567 = 44,529.71) for the 124,838 square feet identified in Lease Agreement LAG
001-87.
3. Lessor and Lessee do hereby agree that the annual land rent rate in Paragraph 1 shall
remain in effect until June 1, 2010, and effective as of that date the rental rate shall
automatically be readjusted by and between the parties using the increase of the
Consumer Price Index, and for each five (5) year period thereafter. Minimum base
rental for any extended period shall not be less than the current annual rental of
$44,529.71.
Lease Agreement 001-87
City of Renton Boeing Employee Flying Association
LAG 001-87
Addendum #
4. Lessor and Lessee do hereby further agree that the Consumer Price Index information
to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI-U)
then in effect for all urban consumers, as published by the US Department of Labor
for the Seattle -Tacoma Metropolitan Area.
5. Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the
Rental Adjustment Date either party shall, if they desire to adjust the base land rental
rate for the ensuing five (5) year period by a means other than the Consumer Price
Index -Urban, provide to the other party a written request for readjustment of the rental
rate pursuant to RCW 14.08.120(5).
6. All other terms and conditions of the original Lease Agreement shall remain in full
force and effect.
Boeing Employee Flying Association
a Washington Corporation
KEY QE7Arr
Title
CITY OF RENTON
a Municipal Corporation
Kathy Keolker-Wheeler
Mayor
Bonnie Walton
City Clerk
Date
Approved as to legal form
City Attorney
H:WIR\Leases and Operating PermitsTease Forms\CPI Increase Addendum Template.doc
Lease Agreement 001-87
City of Renton Boeing Employee Flying Association
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. Transportation Division
Staff Contact...... Ryan Zulauf, x7471
Subject:
Bosair, LLC Lease Addendum to Lease Agreement
LAG 003-86
Exhibits:
Issue Paper
Lease Addendum
Recommended Action:
Council Concur
Al N:
For Agenda of:
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
June 27, 2005
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated......... $17,602.34
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
A new lease rate has been established for Bosair, LLC, per Lease Agreement 003-86. The
method used in calculating the new lease rate was the Consumer Price Index for the Seattle
area, as agreed to by the lessee. The annual rent was increased $1,712.05, from $15,890.29 to
$17,602.34 per year, or $0.3434 per square foot per year.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a lease addendum with Bosair, LLC for the
lease rate increase.
►91
M
0
H:\FileSys\Air\Projects\Tasks\Agenda Bill\Agenda Bill Bosair CPI lease adjustment 061005
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: >L Mayor Kathy Keolker-Wheeler
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ryan Zulauf, Airport Manager, x7471
SUBJECT: Bosair, LLC Lease Addendum to Lease Agreement LAG 003-86
ISSUE:
Should Council authorize a lease addendum to the Bosair, LLC ground lease to reflect a periodic
increase in rent using the Consumer Price Index for Urban Seattle?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a lease addendum with Bosair, LLC for the lease
rate increase.
BACKGROUND SUMMARY:
Bosair, LLC is an airport tenant with a long-term ground lease with the City to operate a
maintenance facility at 289 E. Perimeter Road. Bosair's Lease Agreement, LAG 003-86,
provides for a periodic adjustment of the ground lease rate using the Consumer Price Index for
Urban Seattle. The difference between the CPI-U of April 25, 2000 and March 16, 2005 is
10.79% (195.1 — 176.1 / 176.1 = .1079 or 10.79%). Bosair's lease rate will be increased from
$0.31 to $0.3434 per square foot per year, resulting in an annual rental amount of $17,602.34
(51,259 sq. ft. x $.3434), and continuing until June 1, 2010.
H:\FileSys\Air\Projects\Tasks\Agenda Bills\Issue Paper, Bosair Addendum 05-05-06I005
LAG 003-86
Addendum _
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Bosair, LLC.)
THIS ADDENDUM to Lease Agreement LAG 003-86 is effective as of the date
of execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, Bosair, Inc. has a Lease Agreement with the City of Renton, LAG-
003-86, executed on August 1, 1986, for a term of twenty (20) years with an option to
renew for another ten (10) year period to expire on August 1, 2016; and
WHEREAS, during June 2000, the land rental rate for the approximately 29,749
square feet of land area leased by Bosair, LLC was determined to be $0.31 per square foot
per year and continuing until June 1, 2005; and
WHEREAS, in March 2005, the leased area was increased from 29,749 square feet
to a total of 51,259 square feet, and
WHEREAS, on June 1, 2005 and for the ensuing five (5) year period, the land
rental rate was adjusted, using the Consumer Price Index -Urban, to a rate of $ .3434 per
square foot per year for the 51,259 square feet of leased area, resulting in an annual rental
amount of $17,602.34 (51,259 sq. ft. x $.3434), and continuing until June 1, 2010.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND BOSAIR, LLC AS FOLLOWS:
WITNESSETH:
1. Lessor and Lessee agree that the difference between the CPI-U of April 25, 2000 to
March 16, 2005, is 10.79% (195.1 — 176.1=19 / 176.1 = .1079 or 10.79%). This
results in an annual rate increase from $0.31 to $0.3434 per square foot (0.31 x
1.1079 = $0.3434); and
2. The Lessor and Lessee do hereby agree to an annual land rent of $17,602.34 (51,259 x
0.3434 = 17,602.34) for the 51,259 square feet identified in Lease Agreement LAG
003-86.
3. Lessor and Lessee do hereby agree that the annual land rent rate in Paragraph 1 shall
remain in effect until June 1, 2010, and effective as of that date the rental rate shall
automatically be readjusted by and between the parties using the increase of the
Consumer Price Index, and for each five (5) year period thereafter. Minimum base
rental for any extended period shall not be less than the current annual rental of
$17,602.34.
Lease Agreement 003-86
City of Renton to Bosair, LLC
LAG 003-86
Addendum —
4. Lessor and Lessee do hereby further agree that the Consumer Price Index information
to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI-U)
then in effect for all urban consumers, as published by the US Department of Labor
for the Seattle -Tacoma Metropolitan Area.
5. Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the
Rental Adjustment Date either party shall, if they desire to adjust the base land rental
rate for the ensuing five (5) year period by a means other than the Consumer Price
Index -Urban, provide to the other party a written request for readjustment of the rental
rate pursuant to RCW 14.08.120(5).
6. All other terms and conditions of the original Lease Agreement shall remain in full
force and effect.
BOSAIR, LLC
a Washington Corporation
AM htc
Title
Lease Agreement 003-86
City of Renton to Bosair, LLC
CITY OF RENTON
a Municipal Corporation
Kathy Keolker-Wheeler
Mayor
Bonnie Walton
City Clerk
Date
Approved as to legal form
City Attorney
CITY OF RENTON COUNCIL AGENDA BILL
Al a:
Submitting Data: Planning/Building/Public Works
For Agenda of.
Dept/Div/Board.. Transportation Division
June 27, 2005
Agenda Status
Staff Contact...... Ryan Zulauf, x7471
Consent .............. X
Public Hearing..
Subject:
Addendum to Kaynan, Inc.'s Lease LAG 003-84
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business....... X
Exhibits:
Issue Paper
Study Sessions......
Lease Addendum
Information.........
Recommended Action:
Council Concur
Approvals:
Legal Dept......
Finance Dept..
Other ..............
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated......... $26,808.86
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
M
Approval is requested for a lease addendum to Kaynan, Inc.'s lease for an increase in their ground
rental rate. Kaynan's lease LAG 003-84 allows for a periodic ground rate adjustment using the
Consumer Price Index for the Urban Seattle Area. As a result of the rate adjustment Kaynan's
ground rent has been increased $2,914.10, from $23,894.76 to $26,808.86 per year, or $0.3385
per square foot per year.
STAFF RECOMMENDATION:
Approve an addendum to Kaynan, Inc.'s lease agreement LAG 003-84 for an increase in the
ground rental rate using the Consumer Price Index for Urban Seattle.
Wfile sys\AIR... TrojectsUasks\Agenda BiIIs\Agbill Kaynan Addendum CPl lncrease.doc
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Tern Briere, Council President
Members of the Renton City Council
VIA: �)' )Mayor Kathy Keolker-Wheeler
dui
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ryan Zulauf, Airport Manager ( x7471)
SUBJECT: Addendum To Kaynan, Inc.'S Lease LAG 003-84
ISSUE:
Should Council approve the lease addendum to Kaynan, Inc.'s lease for an increase in their
ground rental rate?
RECOMMENDATION:
Approve a lease addendum to Kaynan, Inc.'s lease agreement LAG 003-84 for an increase in the
ground rental rate using the Consumer Price Index for Urban Seattle.
BACKGROUND SUMMARY:
Kaynan, Inc.'s lease allows for a periodic adjustment of the ground rental rate using the
Consumer Price Index for the Urban Seattle Area (CPI-U). The difference between the CPI-U of
April 2002 and March 16, 2005 is 3.34% (195.1 — 188.8 / 188.8 = 0.0334 or 3.34%). On June 1,
2005, Kaynan's ground rent was increased $2,914.10, from $23,894.76 to $26,808.86 per year,
or $0.3385 per square foot per year for the next three-year period, ending on May 31, 2008.
Wfile sys\AIR... Trojectffasks\Agenda BillsMsspaper Kaynan Addendum CP1 Increase.doc
LAG 003-84
Addendum #
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Kaynan, Inc.)
THIS ADDENDUM to Lease Agreement LAG 003-84 is effective as of the date
of execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, Kaynan, Inc. has a Lease Agreement with the City of Renton, LAG-
003-84, executed on September 1, 1984 for a term of twenty-two (22) years with an
option to renew for another ten (10) year period to expire on August 31, 2016; and
WHEREAS, during June 2002, the land rental rate for the approximately 72,938.84
square feet of land area leased by Kaynan, Inc. was determined to be $0.3276 per square
foot per year and continuing until June 1, 2005; and
WHEREAS, in March 2005, the leased area was increased from 72, 938.84 square
feet to a total of 79,199 square feet, and
WHEREAS, on June 1, 2005, and for the ensuing three (3) year period, the land
rental rate was adjusted, using the Consumer Price Index -Urban, to a rate of $.3385 per
square foot per year for the 79,199 square feet of leased area, resulting in an annual rental
amount of $26,808.86 (79,199 x $0.3385), and continuing until June 1, 2008.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS:
WITNESSETH:
1. Lessor and Lessee agree that the difference between the CPI-U of April 2002 to
March 16, 2005, is 3.34% (195.1 — 188.8 / 188.8 = 0.0334 or 3.34%). This results in
an annual rate increase from $0.3276 to $0.3385 per square foot (0.3276 x 1.0334 =
$0.3385); and
2. The Lessor and Lessee do hereby agree to an annual land rent of $26,808.86 (79,199 x
0.3385 = 26,808.86) for the 79,199 square feet identified in Lease Agreement LAG
003-84.
3. Lessor and Lessee do hereby agree that the annual land rent rate in Paragraph 1 shall
remain in effect until June 1, 2008, and effective as of that date the rental rate shall
automatically be readjusted by and between the parties using the increase of the
Consumer Price Index, and for each three (3) year period thereafter. Minimum base
rental for any extended period shall not be less than the current annual rental of
$26,808.86.
Lease Agreement 003-84
City of Renton to Kaynan, Inc.
LAG 003-84
Addendum #
4. Lessor and Lessee do hereby further agree that the Consumer Price Index information
to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI-U)
then in effect for all urban consumers, as published by the US Department of Labor
for the Seattle -Tacoma Metropolitan Area.
Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the
Rental Adjustment Date either party shall, if they desire to adjust the base land rental
rate for the ensuing three (3) year period by a means other than the Consumer Price
Index -Urban, provide to the other party a written request for readjustment of the rental
rate pursuant to RCW 14.08.120(5).
6. All other terms and conditions of the original Lease Agreement shall remain in full
force and effect.
KAYNAN, INC.
a Washington Corporation
Title
CITY OF RENTON
a Municipal Corporation
Kathy Keolker-Wheeler
Mayor
Bonnie Walton
City Clerk
Date
Approved as to legal form
City Attorney
Lease Agreement 003-84
City of Renton to Kaynan, Inc.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. 'Transportation Systems
StaffContact...... Bob Cavanaugh, x7222
Subject:
Supplemental Street Lighting Standard for Arterial
Street Lighting
Exhibits:
Illustrations of Two Proposed Arterial Street Lights
Recommended Action:
Refer to Transportation Committee
Fiscal Impact:
Expenditure Required...
Amount Budgeted.......
"Total Project Budget
Approximately S700 per
streetlight more than the
current standard
SUMMARY OF ACTION:
For Agenda of:
June 27, 2005
Agenda Status
Consent ..............
Public Ilearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Transfer/Amendment.......
Revenue Generated.........
City Share Total Project..
In order to provide a choice of using decorative fixtures as an alternative to the industrial cobra heads for
arterial street lighting staff proposes that the current arterial standard be supplemented to include the
following: two (2) fixture types; one (1) pole type; two (2) mast arm types; and two (2) color options —
textured black and textured midnight blue. The proposed fixtures are the TR-20 type luminiare and the
CITF.A type lummaire.
The proposed decorative standards could be used along corridors that are determined to need special
treatments, such as Duvall Avenue and Strander Boulevard.
STAFF RECOMMENDATION:
Council adopt supplemental street lighting standards for arterial streetlights.
H I)i...inn , rR VACFVR I V I r API R % I R1 & 44 S(,r ( I ,chi St.mdenL, l ��n 1,❑er I),e11 wp] 1, n:d ,i,o-I I ,"huna .emd.nd V;I N I ) A WI I d , "
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: Kathy Keolker-Wheel r, Mayor
FROM: Gregg Zimmermlu, dministrator
STAFF CONTACT: Bob Cavanaugh, Transportation Operations, x7222
SUBJECT: Supplemental Street Lighting Standard
ISSUE:
The current City street lighting standard offers no alternative to using cobra head lighting
fixtures for the design and installation of arterial street lighting. Should the City adopt a
supplemental street lighting standard for arterial street lighting?
RECOMMENDATION:
Council adopt supplemental street lighting standards for arterial streetlights.
BACKGROUND SUMMARY:
In order to provide a choice of using decorative fixtures as an alternative to the industrial cobra
heads for arterial street lighting staff proposes that the current arterial standard be
supplemented to include the following: two (2) fixture types; one (1) pole type; two (2) mast
arm types; and two (2) colors options — textured black and textured midnight blue.
It is proposed that the TR-20 type luminiare be used on the Duvall Ave. NE corridor and that
the CITEA type luminaare be used on the Strander Blvd. corridor.
The proposed decorative standards would cost approximately $700 per streetlight more than the
current standard. They could be used along corridors that are determined to need special
treatments, such as Duvall Avenue and Strander Boulevard.
Terri Briere, Council President
Members of the Renton City Council
June 27, 2005
Page 2
RE: Supplemental Street Lighting Standard
The proposed decorative standard would have similar physical maintenance requirements as the
current standard but would require additional component spares inventory. We estimate the
additional annual maintenance budget at $1,200/year.
The proposed decorative standard could add an estimated $35,500 to the City's Duvall project
cost and an estimated $37,800 to the City's Strander Boulevard (Segment 1, Phase 1) project
cost. These costs can be covered by the appropriated budget for these projects.
Attachments: Illustrations of Proposed Fixtures
cc: Jay Covington, CAO
Alex Pietsch, EDNSP Administrator
Neil Watts, Director, P/B/PW Development Services
Sandra Meyer, Director, P/B/PW Transportation Systems
Karl Hamilton, PB/PW Transportation Operations Manager
Bob Cavanaugh, Transportation Operations
File
H:\Div\TRANS\OPS\BOB\Street light Standards Committee\Supplemental Street Lighting Standard Issue Paper rev 2.doc
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CITY OF RENTON COUNCIL AGENDA BILL
1
AI k:
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. Transportation Systems
Staff Contact...... Ryan Zulauf, x7471
Subject:
Monthly Rent Increase for City T-Hangar Units
Exhibits:
Issue Paper
For Agenda of:
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
Recommended Action: Approvals:
Refer to Transportation/Aviation Committee Legal Dept.........
Finance Dept......
Other ...............
June 27, 2005
X
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment....... $11,509/year
Amount Budgeted....... Revenue Generated......... $38,590/year
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
Council approval is requested to increase the rental rates of all City -owned T-Hangars to
$285.00 per month plus 12.84% Leasehold Excise Tax. The current monthly rent of $200.00
plus 12.84% Leasehold Excise Tax was approved by Council in April 2000 and is below
market rent. Other privately owned T-Hangar units are renting for $318.00 per month. As a
result of this increase the Airport will receive $11,509 more per year for a total annual revenue
of $38,590 including leasehold tax.
STAFF RECOMMENDATION:
Council approve:
1. A rent increase for all City owned T-Hangar units from $200.00 per month, to $285.00 per
month, plus 12.84% Leasehold Excise Tax, and
2. Apply the Seattle/Tacoma Consumer Price Index every three years to the rental rate of all City -
owned T-Hangars.
H:TRANS\ADMIMAGENDA 2005\ T Hangar Rent Increase Agenda Bill.doc
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: June 27, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
C.
VIA:L�Mayor Kathy Keolker-Wheeler
w
FROM: Gregg Zimmerm 4dministrator
STAFF CONTACT: Ryan Zulauf, Airport Manager, x7471
SUBJECT: Monthly Rent Increase for City T-Hangar Units
ISSUE:
Should the City approve an increase in the monthly T-Hangar rental rate from $200 per month,
plus 12.84 % Leasehold Excise Tax to $285.00 and apply the Seattle/Tacoma Consumer Price
Index as the rent escalator every three years to the T-Hangar rental rates?
RECOMMENDATION:
Council approve:
1. A rent increase for all City -owned T-Hangar units from $200.00 per month, to $285.00
per month, plus 12.84 % Leasehold Excise Tax, and
2. Apply the Seattle/Tacoma Consumer Price Index every three years to the rental rate of
all City -owned T-Hangars.
BACKGROUND SUMMARY:
The Airport rents T-Hangars to individual aircraft owners for storage of their aircraft on a
month -to -month basis. Currently, the Airport owns one hangar building consisting of ten
individual units.
Terri Briere, Council President
Members of the Renton City Council
June 27, 2005
Page 2 of 2
RE: Monthly Rent Increase for City T-Hangar Units
The last rent increase was approved by Council in April 2000 and was increased from $169.26
to $225.68 per month (which includes 12.84% Leasehold Excise Tax). Other privately owned
T-Hangars located on the southeast corner of the airport rent for an average of $318.00 per
month. As a result of this increase the Airport will receive $11,509 more per year for a total
annual revenue of $38,590 including leasehold tax.
Currently, there is no mechanism to ensure that rental rates for T-Hangars stay current with
the market. For other ground and building leases at the Airport, the City uses the
Seattle/Tacoma Consumer Price Index (CPI) as an inflation tool applied every three years.
Through the application of the CPI, the ground and building rents collected by the City stay
reasonably current with the actual market for these types of properties. Therefore, it would be
prudent to apply the CPI every three years to the rental rates on the City -owned T-Hangars.
H \TRANS\ADN1IMAGHNDA 2005\ T Hangar Rent Increase Issue Paper doc
CI 1 Y OF RI�,N'R)N COIJNCIL AGI,"NDA BIL1,
— 1
Submitting Data: Planning/B1-Iildin /Public Works
For Agenda of: June 27, 2005
Dept/Div/Board.. Utility Systems/Technical Services
Agenda Status
Staft'Contact...... Karen McFarland (s7209)
Consent .............. X
Public Hearing..
Suhiect:
Determination of Compensation tier N 10' Street
Correspondence..
Vacation (VAC-05-001: Portion of N 14th Street)
Ordinance .............
Resolution............
Old Business........
New Business.......
I'.xhibits:
Issue paper
Study Sessions......
Appraisal Review Comments
Information.........
Fxhibit A: Vicinity Map
Recommended Action: — —
Refer to Planning and Development Committee
Fiscal Impact:
FXpenditure Required.
Amount Budgeted.......
Total Project Budget
SUNINIARY OF ACTION:
Approvals:
Legal Dept.........
Finance Dept.....
01 her ...............
Transfer/Amendment.......
Revenue Generated.........
City Share Total Project..
$21,285.00
An appraisal has been submitted by Matt Pool on hehalfof Pool Brothers Construction 11C for
acceptance and determination of compensation due the City for the area to he vacated in Street
Vacation VAC-05-001. The appraisal provides a Iair market value estimate of this area.
STAFF RECOMMENDATION:
Accept the appraisal and set compensation for Street Vacation VAC-05-001 at $21,285.00.
I I I i I c S � , PR%I - Property Scnicc,- Admiii Iijttot t PR\I.'� - .Stint Vacatwai, Fran iIA0 and I,,iH.ud',00-17lcurnpcnatik r)'arhiIIU(,(ri d,1, h\Itp
PLANNING/BUILDING/
ti
�- + PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: June 17, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: }{,�% Kathy Keolker-Wheeler, Mayor
FROM: Gregg Zimmermak ministrator
STAFF CONTACT: Karen McFarland, Engineering Specialist (ext. 7209)
SUBJECT: Determination of Compensation for N 141h Street Vacation
(VAC-05-001; Portion of N 14'h Street)
ISSUE:
An appraisal has been submitted by Matt Pool on behalf of Pool Brothers Construction LLC for
acceptance and determination of compensation due the City for the area to be vacated in Street
Vacation VAC-05-001. The appraisal provides a fair market value estimate of this area.
RECOMMENDATION:
Accept the appraisal and set compensation for Street Vacation VAC-05-001 at $21,285.00.
BACKGROUND SUMMARY:
Street Vacation request VAC-05-001 was approved on April 4, 2005, for the southern 30 feet of
N 14th Street, which is located east of Lake Washington Blvd N and Gene Coulon Beach Park.
The right-of-way is approximately 300 feet in length.
In June 2005, an appraisal was submitted by Matt Pool on behalf of Pool Brothers Construction
LLC for the area to be vacated. Staff has reviewed the appraisal and concludes that the appraisal
meets industry standards. The appraisal report provides a fair market value of $50,000.00 for
approximately 9,057 square feet of right-of-way to be vacated. Staff believes the estimate
determined in the appraisal represents a reasonable and fair market value for property that can be
developed in the area.
Steep slopes, a geologic hazard according to City Code, are present on the site of the proposed
street vacation. The City's Critical Areas Regulations impose additional regulations on affected
hAfile sys\prm - property services administration\prm-25 - street vacations from 1990 and
forward\0047\compensation\issuepaper0605. doc
CouncilNAC05-001
June 17, 2005
Page 2 of 2
properties by geologic hazard. Specifically, these regulations prohibit development on Protected
Slopes (slopes greater than forty percent) and severely restrict development on Sensitive Slopes
(slopes greater than twenty-five percent and less than forty percent).
As previously mentioned, staff believes the estimate determined in the appraisal represents a
reasonable and fair market value. However, staff also recognizes that appraisers are not as
familiar as City staff with the City's development regulations. Thus, in this particular case, an
adjustment to the fair market value presented in the appraisal report is warranted, as City Code
makes a large portion of the requested street vacation area undevelopable. As shown on the
attachment, which is a portion of a page from the City's Slope Atlas, N 14`h Street has been
highlighted in red. The area of this street vacation only includes the southern half of the area
highlighted in red and only a small eastern portion of the street is not impacted by Protected
Slopes and Sensitive Slopes.
The appraisal concluded that the area of the street vacation should be valued at $5.50 per square
foot. After restricting compensation to the 3,870 square feet that is actually developable, staff
believes that compensation should be set at $21,285.00.
State Law and City Code allow for compensation in the amount of the full -appraised value if a
street or alley has been a dedicated public right-of-way for twenty-five years or more. The
vacation area was acquired through dedication as Morgan Avenue in the plat of CD Hillman's
Lake Washington Garden of Eden Addition to Seattle No. 5 on October 21, 1904. Thus, the
right-of-way included in this vacation has been dedicated public right-of-way for more than
twenty-five years and State Law and City Code, therefore, allow for compensation amounts to be
set at the full -appraised values.
CONCLUSION:
Staff has reviewed the appraisal submitted by Matt Pool on behalf of Pool Brothers Construction
LLC and concludes that the appraisal meets industry standards. The Planning/Building/Public
Works Department recommends that Council accept the appraisal and set compensation for
Street Vacation VAC-05-001 at $21,285.00 for the right-of-way 30 feet in width and
approximately 300 feet in length.
Attachment
h:\file sys\prm - property services administration\prm-25 - street vacations from 1990 and
forward\0047\compensation\i ssuepaper0605. doc\KLMtp
APPRAISAL REVIEW COMMENTS
Reviewed by: Karen McFarland, Utility Systems Division/Technical Services
Effective Date of Appraisal: May 4, 2005
Prepared by: Dennis M. Wick, MAI
Wick & Associates
Property: The unopened southern 30 feet of N. 14th Street (formerly known as SE 110"' Street and
platted as Morgan Ave.) which is located east of Lake Washington Blvd N and Gene Coulon
Beach Park, approximately 300' in length
(Street Vacation File No. VAC-05-001)
GENERAL:
The report contained the necessary analysis for the appraiser to form an opinion of the fair market value of
that portion of right-of-way to be vacated. The report indicated that the right-of-way being vacated has a
highest and best use of assemblage with the adjacent properties.
QUALIFIED APPRAISER
The appraiser is experienced and a well -qualified state certified appraiser.
PROPERTY VALUATION
Since the subject property is Right -of -Way, it is not assessed for taxes by the King County Assessor. The
sales comparison approach was the only applicable method for valuation and, thus, was the method used for
this valuation. The fair market value was based upon direct comparison with recent sales of similar
properties.
FIELD INSPECTION
An inspection of the subject property and all comparables was made by the appraiser.
COMPARABLE SALES
The fair market value was determined based upon direct comparison with recent sales of similar properties
within a reasonable distance of the subject site. The adjustments to the comparable sales were found to be
within a reasonable range of the subject site valuation.
CONCLUSION
The Planning/Building/Public Works Department recommends that the Council accept the appraisal report
but amend the value of the subject land to $21,285.00 for the right-of-way 30 feet in width and
approximately 300 feet in length. Staff believes the estimate determined in the appraisal represents a
reasonable and fair market value for the value per square foot. However, staff recognizes that appraisers are
not as thoroughly familiar as City staff with the City's development regulations. Thus, in this particular
case, an adjustment to the fair tmarket value presented in the appraisal report is warranted as City Code
makes a large portion of the 9,057 square feet of the requested street vacation area undevelopable. The
appraisal concluded that the area of the street vacation should be valued at $5.50 per square foot. After
restricting compensation to the 3,870 square feet that is actually developable, staff believes that
compensation should be set at $21,285.00.
SLOPE ATLAS
P/B/PW TECHNICAL SERVICES
06/08/01
E4 - 8 T23N ME W 1/2
Renton City Limits
16% to 24.99% 40% to 89.99%
26% to 39.99% > = 90%
I
D
"777,1N
Q 2QO 400
1:4800
5 T23N ME
D161T
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5305
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Exhibit A
Street Vacation VAC-05-001
Petitioner: Pool Brothers Construction, LLC
Gene Coulon
Beach Park
N. 14th St.
Vacation Request
Vicinity Map
0 200 400
1:2400
Technical Services
��1♦ Planning/Building/Public Works
/ K. McFarland
O Feb. 25. 2005
I-405
SLOPE ATLAS
P/B,(PW TECHNICAL SERVICES
-1 06/08/01
N
IW
<
A
Ln
C:,
NL
�4
E4 8 T23N ME W 1/2
200 4 0
Renton City limits 1:4800 D 4
16% to 24.99% 40% to 89.99%
25% to 39.99% >= 90% 5 T23N ME W 1/2
305
CITY OF RENTON COUNCIL AGENDA BILL
AI #:
Submitting Data:
For Agenda of: 6/27/2005
Dept/Div/Board.. EDNSP
Agenda Status
Staff Contact...... Mark Santos -Johnson
Ext. 6584
Consent .............. X
Public Hearing..
Subject:
Pavilion Building Lease with Spirit of Washington
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Exhibits:
Issue Paper
Study Sessions......
Draft Lease
Information.........
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required... N/A
Amount Budgeted....... N/A
Total Project Budget N/A
SUMMARY OF ACTION:
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Transfer/Amendment....... N/A
Revenue Generated......... Base rent &
City Share Total Project..
percentage rent
projected at an
average of
$88,100 per
year over years
1 thru 5
N/A
On February 14, 2005, the Committee of the Whole directed staff to negotiate a Pavilion Building
lease with the Spirit of Washington to use the building on a short-term basis for meeting and event
space. On May 23, 2005, EDNSP staff presented to the Committee of the Whole the general terms of
the proposed Pavilion Building lease with the Spirit of Washington. Staff has concluded lease
negotiations with the Spirit of Washington and recommends the City Council's approval of the lease.
STAFF RECOMMENDATION:
Approve the Pavilion Building lease with the Spirit of Washington and authorize the Mayor and City
Clerk to execute the lease in substantially the form as approved by the City Council.
y 0 ECONOMIC DEVELOPMENT,
NEIGHBORHOODS, AND STRATEGIC
1 PLANNING DEPARTMENT
M E M O R A N D U M
DATE: June 20, 2006
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: lJ Kathy Keolker-Wheeler, Mayor D
FROM: Alex Pietsch, Administrator �✓V
STAFF CONTACT: Mark Santos -Johnson, Economic Development Specialist
Ext. 6584
SUBJECT: Pavilion Building Lease with Spirit of Washington
ISSUE:
Should the City enter into a lease with the Spirit of Washington to use the Pavilion
Building for meeting and event space?
RECOMMENDATION:
EDNSP recommends that the City Council approve the Pavilion Building lease with the
Spirit of Washington and authorize the Mayor and City Clerk to execute the lease in
substantially the form as approved by the City Council.
BACKGROUND SUMMARY:
On February 14, 2005, the Committee of the Whole directed staff to negotiate a Pavilion
Building lease with the Spirit of Washington on a short-term basis for meeting and event
space. On May 23, 2005, EDNSP staff presented to the Committee of the Whole the
general terms of the proposed Pavilion Building lease with the Spirit of Washington.
Staff has concluded lease negotiations with the Spirit of Washington and recommends the
City Council's approval of the lease.
The lease will provide the Spirit of Washington, Inc. with exclusive use of the facility for
meeting and event space, except for limited City use of the facility and limited use of the
Pavilion Building restrooms for Piazza events. The lease is for a 10-year term with the
ability for the City or Spirit of Washington to terminate with 12-months notice effective
on or after four years subject to certain limitations. The building will function as an open
hall with minimal tenant improvements, paid for by the Spirit of Washington.
h:\ednsp\council\issue papers -agenda bills -cite reports\2005\issuepaper-pavilion building spirit of washington lease 6-
20-05.doc
Pavilion Building Lease with Spirit of Washington
Page 2 of 2
June 20, 2005
The Spirit of Washington rent will pay the City a base rent (Year 1 - $15K, Year 2 -
$30K, and Years 3 or more - $36K), plus 35% of facility rental revenue and 15% of
catering revenue. Over the first 5 years, the base rent to the City is $153,000 ($3.19/sf, or
an average of $30,600/year) and total projected rent (including base rent and projected
percentage rent) would be $440,499 ($9.18/sf, or an average of $88,100/year).
The Spirit of Washington projects 130 events (or approximately 14,300 visitors) for first
year with 5% annual growth thereafter.
Please refer to the attached Pavilion Building Lease with the Spirit of Washington — Key
Lease Terms for a summary of the major lease terms.
CONCLUSION:
The Pavilion Building lease with the Spirit of Washington supports the City's ongoing
efforts to revitalize downtown Renton. The lease with the Spirit of Washington will
provide revenue to the City while using the Pavilion Building to attract thousands of
users or attendees to downtown Renton. The agreement also allows the City to terminate
the lease in order to use the Pavilion Building for a non-event use or (subject to various
conditions) potentially another event use with twelve months notice effective any time on
or after the end of the fourth year.
Attachments: Pavilion Building Lease with the Spirit of Washington — Key Lease Terms
Pavilion Building Draft Lease
cc: Jay Covington, CAO
Bonnie Walton, City Clerk
Michael Wilson, Interim FIS Administrator
Dennis Culp, Community Services Administrator
Peter Renner, Facilities Director
Ben Wolters, Economic Development Director
h:\ednsp\council\issue papers -agenda bills-ctte reports\2005\issuepaper-pavilion building spirit of washington lease 6-
20-05.doc
Pavilion Building Lease with Spirit of Washington, Inc.
Key Lease Terms
June 22, 2005
Overview
■ The Spirit of Washington Inc. (SOW) will lease the entire Pavilion Building.
■ SOW will have exclusive use of the facility for meeting and event space, except for limited City
use of the facility and limited use of the Pavilion Building restrooms for Piazza events as
described below.
■ 10-year term with the ability for the City or SOW to terminate with 12-months notice effective
on or after four years with limitations as described below.
■ The building will function as an open hall with minimal tenant improvements, paid for by SOW.
■ SOW will pay the City a base rent (Year 1 - $15,000, Year 2 - $30,000 and Years 3 or more -
$36,000), plus 35% of facility rental revenue and 15% of catering revenue.
■ SOW projects 130 events (or approximately 14,300 visitors) for first year with 5% annual growth
thereafter. Performance standards (described below) equal 70% to 80% of projected figures.
■ Over the first 5 years, base rent to the City would be a total of $153,000 ($3.19/sf, or an average
of $30,600/year) and total projected rent (including base rent and projected percentage rent)
would be $440,499 ($9.18/sf, or an average of $88,100/year).
Tenant Improvements
SOW will pay for any tenant improvements. To date, SOW plans to install carpet, window
coverings, a lounge area and coat check and moveable planters with trees.
Rent
Base Rent: First three months free. The next three months are $1,000/month. The next twelve
months are $2,000/month. Thereafter, the base rent is $3,000/month.
Revenue Sharing:
■ 35% of gross room rental charges and 15% of gross catering sales, including food, beverages
and Lessee -provided audio visual systems, linens, flowers, tables, chairs, flatware, china and
the like).
■ Excludes gratuities, taxes, on -site labor charges and all facility or restroom rental revenue (but
not catering sales revenue, if applicable) from City use of the Pavilion Building or Piazza
event use of the Pavilion Building restrooms.
Maintenance and Utilities
SOW is responsible for maintenance and custodial work for the Pavilion Building and for all
Pavilion Building utilities.
Pavilion Building Lease with Spirit of Washington
Key Lease Terms — June 22, 2005
Page 2 of 4
■ City is responsible for all exterior damage, maintenance and repairs to the Pavilion Building,
unless caused by SOW's use of the premise.
■ City is responsible for failures to major equipment, building systems or structural components
unless damage related to SOW's acts or omissions.
SOW is not responsible for maintenance or custodial work related to the adjacent uses (Piazza
park, public parking lot, Transit Center or parking garage) unless damage or extraordinary trash
attributed to SOW.
City -Use of Pavilion Building
■ City may schedule up to 12 City -sponsored events per year at Pavilion Building at rates noted
below. (Additional events subject to availability at market rates.)
■ SOW to provide access and custodial services for a $250 base fee plus $35/hour per event. SOW
has exclusive right to provide all additional services (catering, tables, chairs, etc.) to City at
market rates.
■ Unless otherwise approved by SOW, City may not schedule events on Friday evenings,
Saturdays, Sundays and holidays (except during Renton River Days and for the Holiday Tree
Lighting festivities).
■ City may schedule up to 36 events per year in the Piazza Park (e.g., Renton Farmer's Market and
Cinema on the Piazza) where SOW will allow use of Pavilion Building restrooms for a $50 fee
per event.
■ City will open, monitor, clean, restock and lock the Pavilion Building restrooms for each such
use.
■ SOW has the right to schedule other uses at the Pavilion Building on said dates and to exclude
Piazza event access to the restrooms with 30 days notice to the City.
■ If there is a conflict with a Pavilion Building event, the Piazza events will need to secure
alternative temporary restroom facilities, if desired.
Piazza Events
City retains right to schedule Piazza events at any time. However, after annual schedule
established, City will attempt to coordinate additional dates with SOW events at the Pavilion
Building.
■ Pavilion Building users may occupy a portion of the Piazza Park for incidental use (but not place
tables, tents, barricades, etc. that restrict public access to the Piazza Park)
For any other use, SOW or Pavilion Building users will need to secure approval of Renton Park
Board.
Pavilion Building Lease with Spirit of Washington
Key Lease Terms — June 22, 2005
Page 3 of 4
Miscellaneous Provisions
■ SOW is responsible for providing liability insurance, excluding City use of the Pavilion Building
and use of the Pavilion Building restroom for Piazza events.
■ City is responsible for providing property insurance at full replacement value.
■ SOW is responsible for payment of the leasehold excise tax, state business and occupation tax
and sales tax.
■ SOW will provide a $10,000 security deposit to be placed into an escrow account for potential
damages to the facility.
■ City to provide SOW four spaces with signage in the adjacent public parking lot.
Early -Termination
■ After three years, SOW may terminate the lease for any reason with 12-months notice (effective
on or later than the end of the fourth year of the lease).
■ After three years, City may terminate the lease for another non-event use with 12-months notice
(effective on or later than the end of the fourth year of the lease).
■ If SOW continually meets the performance standards noted below, City may not terminate lease
for another event use.
Months 1 thru 12 No performance measure
Months 13 thru 24 No performance measure
Months 25 thru 36 110 Events
Months 37 thru 48 120 Events
Months 49 thru 60 125 Events
Months 61 thru 72 130 Events
Months 73 thru 84 135 Events
Months 85 thru 96 140 Events
Months 97 thru 108 145 Events
Months 109 thru 120 150 Events
Pavilion Building Lease with Spirit of Washington
Key Lease Terms — June 22, 2005
Page 4 of 4
An "event" is defined as a revenue generating use of the Pavilion Building for a: (i) block of time
of at least 1 'h hours each with 40 or more attendees, including, for example, a banquet,
reception, meeting, dance, fundraiser or the like; or (ii) a breakfast or lunch meeting with 40 or
more attendees. However, a function with multiple elements on the same day with the same user,
will only count as one event (e.g., a prom banquet followed by a dance).
■ If SOW fails to meet a performance standard, City may terminate the lease with 12-months
notice for another event use (effective on or later than the end of the fourth year of the lease).
However, the City or the new tenant must pay SOW the then -applicable buy-out to cover the
residual value of SOW's capital and up -front marketing costs as described below.
■ SOW projects to spend approximately $76,000 on non -moveable capital costs, approximately
$118,000 for moveable capital costs and approximately $159,000 for up -front marketing costs as
outlined in Exhibit D. The actual costs may vary plus or minus 10% for each category above, but
the total costs to be recognized by the City for depreciation as part of the buy-out provision
cannot exceed $355,000.
The annual depreciation and residual amounts for SOW's capital costs and up -front marketing
costs are outlined in Exhibit D. However, the maximum buy-out that would apply if SOW failed
to meet a performance standard and the City terminated the lease for another for event use would
be:
Months
1 thru 48
Not applicable
Months
49 thru 60
$220,000
Months
61 thru 72
$185,000
Months
73 thru 84
$150,000
Months
85 thru 96
$115,000
Months
97 thru 108
$105,000
Months
109 thru 120
$95,000
At end of the ten (10)-year Lease Term: Not Applicable
■ The above depreciation schedule reflects start-up marketing costs depreciated over six years and
capital costs depreciated over 10 years, with a value of 40% remaining in capital costs residual
value at the end of year 10. After 10 years, the City or a new operator (if SOW is replaced)
would get all non -moveable capital costs and the moveable capital costs would be available for a
then -negotiated price, not to exceed $52,000, if desired.
Pavilion Building Lease
Revised Draft (6/21/2005)
ARTICLE 1. BASIC TERMS
This Article 1 contains the Basic Terms of this Lease between the Lessor and Lessee named
below. Other Articles, Sections, Subsections and Paragraphs of the Lease referred to in this
Article 1 explain and define the Basic Terms and are to be read in conjunction with the Basic
Terms.
Section 1.1 Date of Lease:
June 30, 2005
Section 1.2 Lessor:
City of Renton (the "City")
1055 South Grady Way
Renton, WA 98055
425-430-6500
Section 1.3 Lessee:
Spirit of Washington Inc.
625 S. 4th St.
Renton, WA 98055
425-277-8408
Subsection 1.3.1 Lessee's Address at Time of Execution of Lease:
625 S. 4th St
Renton, WA 98055
Subsection 1.3.2 Address of Property to be Leased by Lessee:
Pavilion Building
233 Burnett Avenue South
Renton, WA 98055
Section 1.4 Property Leal Description:
The object of this Lease is the Lessor's real property development known as Pavilion Building
(a.k.a. the Renton Events Pavilion) and is described in Exhibit "A," Legal Description, attached
hereto and incorporated herein by this reference as if fully set forth (the "Project"). The Project
includes the land, the buildings and all other improvements located on the land with the
exceptions noted below. The Property being leased to Lessee is further described as:
Pavilion Building Lease 2
The Pavilion Building, as depicted in Exhibit `B," Project Site Plan, attached hereto and
incorporated herein by this reference as if fully set forth, including approximately 2,500 square
feet of patio space located on the west end of the Pavilion Building and approximately 860
square feet of patio space located on the east end of the Pavilion Building.
Notwithstanding the legal description included in Exhibit "A," Legal Description, the Property
being leased to Lessee does not include the parking lot or any other exterior space on the north
side of the Pavilion Building, the public sidewalk on the west side of the building, the public
sidewalk on the east sides of the building or the Piazza Park or any other exterior space on the
south side of the Pavilion Building.
The leased property is sometimes referred to herein as the "Property" and sometimes as the
"Leased Premises" or "Premises."
Section 1.5 Characterization of Property:
Lessor shall provide Lessee with a set of "as -built" architectural drawings, plus the O & M
documentation, for the Pavilion Building from the renovation completed by Lessor in 2004.
Lessee acknowledges that the floor in the open hall of the Pavilion Building has load rating
design restrictions that limit the amount of weight that can be supported by the floor as specified
in Exhibit "C," Floor Load Rating Specifications, attached hereto and incorporated herein by this
reference as if fully set forth. For any vehicle and for any use that involves a load requirement
that may be in excess of .the "stringerless" specifications in the attached Exhibit "C," Floor Load
Rating Specifications, Lessee shall consult a structural engineer in advance to determine that the
floor can safely handle the load and to secure written documentation of the structural engineer's
determination, a copy of which Lessee shall provide Lessor in advance of the specific use.
Section 1.6 Lease Term:
The term of this Lease shall be ten (10) years, beginning on June 30, 2005 (the "Commencement
Date"), and ending on June 30, 2015, unless otherwise terminated under the provisions of
Subsections 1.6.1 through 1.6.3.
Subsection 1.6.1 Early Termination of Lease by Lessee:
Lessee may, in its sole discretion and without any recourse by or compensation to Lessor,
terminate the Lease with twelve (12) months notice to Lessor, so long as such twelve (12)-month
notice is on or after the three (3)-year anniversary of the Commencement Date with such Lease
termination effective on or after the four (4)-year anniversary of the Commencement Date.
Subsection 1.6.2 Early Termination of Lease by Lessor for A "Non -Event Use":
Lessor may, in its sole discretion and without any recourse by or compensation to Lessee,
terminate the Lease with twelve (12) months notice to Lessee at any time, so long as such twelve
(12)-month notice is on or after the three (3)-year anniversary of the Commencement Date with
such Lease termination effective on or after the four (4)-year anniversary of the Commencement
Pavilion Building Lease 3
Date. However, this provision applies only if Lessor is terminating the Lease in order to use the
Pavilion Building for a "non-event use." For the purpose of this Subsection 1.6.2, "non-event
use" refers to any use other than one where the primary activity on the Premises is for events,
such as banquets, receptions, meetings, dances, fundraisers or the like. A use that includes
events as a secondary or accessory activity to the primary use of the Premises shall be considered
a "non-event use" for the purposes of this Subsection 1.6.2, including, but not limited to, a public
or private use that could include, as examples, a restaurant, book store, museum, library or public
market. The provisions of this Subsection 1.6.2 supersede Subsection 1.6.3.
Subsection 1.6.3 Early Termination of Lease by Lessor for Another "Event Use":
(a) Subject to the provisions of Subsections 1.6.3(b) and 1.6.3(c), Lessor may, in its sole
discretion, terminate the Lease with twelve (12) months notice to Lessee at any time so long as
such twelve (12)-month notice is on or after the three (3)-year anniversary of the Commencement
Date with such Lease termination effective on or after the four (4) year anniversary of the
Commencement Date. This provision applies only if Lessor is terminating the Lease in order to
use the Pavilion Building for another "event use." For the purpose of Subsection 1.6.3, "event
use" refers to any use where the primary activity on the Premises is for events, such as banquets,
receptions, meetings, dances, fundraisers or the like. A use that includes events as a secondary or
accessory activity to the primary use of the Premises shall not be considered an "event use" for
the purpose of Subsection 1.6.3, including, but not limited to, a public or private use that could
include, as examples, a restaurant, book store, museum, library or public market. The provisions
of Subsection 1.6.3 shall have no bearing on the provisions of Subsection 1.6.2 or apply to
Lessor's termination of the Lease for a "non-event use" as described therein.
(b) Lessor may not terminate the Lease for another "event use" as described in Subsection
1.6.3(a) so long as Lessee meets or exceeds the number of events noted below for each applicable
twelve (12)-month period beginning with the Commencement Date, hereafter referred to as the
"Performance Standard":
Months 1 thru 12 No performance measure
Months 13 thru 24 No performance measure
Months 25 thru 36 110 Events
Months 37 thru 48 120 Events
Months 49 thru 60 125 Events
Months 61 thru 72 130 Events
Months 73 thru 84 135 Events
Months 85 thru 96 140 Events
Pavilion Building Lease
Months 97 thru 108 145 Events
Months 109 thru 120 150 Events
4
For the purpose of this Subsection 1.6.3(b), an "event" shall refer to a revenue generating use of
the Pavilion Building for a: (i) block of time of at least one and a half (1'/z) hours each with forty
(40) or more attendees, including, for example, a banquet, reception, meeting, dance, fundraiser
or the like; or (ii) a breakfast or lunch meeting with forty (40) or more attendees. However, a
function with multiple elements on the same day with the same user, shall only count as one (1)
event, for example, a prom banquet followed by a dance. Lessee may include the applicable
City -sponsored events at the Pavilion Building provided for in Subsection 5.4.1, but not the
Piazza Events (and related use of the Pavilion Building restrooms) provided for in Subsection
5.4.2, in meeting the above Performance Standards.
If Lessee terminates the Lease under Subsection 1.6.1 or Lessor terminates the Lease under
Article 10, the provisions of this Subsection 1.6.3(b) shall be null and void.
(c) If Lessee fails to meet or exceed the Performance Standard in Subsection 1.6.3(b) for any one
(1) twelve (12)-month period listed therein beginning with the months 25 through 36, Lessor may
terminate the lease at any time thereafter with twelve (12) months notice to Lessee to use the
Pavilion Building for another "event use" as described in Subsection 1.6.3(a), with such Lease
termination effective on or after the four (4)-year anniversary of the Commencement Date.
However, Lessor or the new event use -tenant of the Premises shall pay Lessee the depreciated
value of Lessee's initial capital and up -front marketing costs as reflected in Exhibit "D," Buy Out
Schedule, attached hereto and incorporated herein by this reference as if fully set forth (the `Buy -
Out Schedule").
The Buy -Out Schedule includes Lessee's estimated costs for the initial capital and up -front
marketing costs. However, the actual Buy -Out Schedule to be used for a Lease termination under
this Subsection 1.6.3 will be based on Lessee's actual incurred costs for the initial capital and up-
front marketing costs. Lessee may deviate plus or minus ten percent (10%) for actual costs in
each of the following categories as further defined in the Buy Out Schedule:
Non -Moveable Capital Costs: $76,000
Moveable Capital Costs: $118,000
Up -Front Marketing Costs: $159,000
However, the maximum total amount of initial capital and up -front marketing costs to be
included in the Buy -Out Schedule may not exceed $355,000, even if Lessee's actual initial
capital and up -front marketing costs are in excess of $355,000.
The Buy -Out Schedule reflects a depreciation schedule where the up -front marketing costs
depreciate over six (6) years to zero in month seventy two (72) and the capital costs depreciate
over ten (10) years with a residual value of forty percent (40%) in year ten (10). The residual
value listed on the Buy -Out Schedule for each twelve (12)-month period represents the buy-out
Pavilion Building Lease 5
amount that will apply if the Lease is terminated under this Subsection 1.6.3 effective at the end
of such twelve (12)-month period. If the Lease is terminated effective anytime during a twelve
(12)-month period, the annual depreciation will be prorated and the residual value adjusted
accordingly.
Within sixty (60) days of the end of the first twelve (12) months of the Lease, Lessee shall
submit: (i) an itemized statement of the actual capital costs and up -front marketing costs incurred
during the first twelve (12) months of the Lease; and (ii) an updated Buy -Out -Schedule, subject
to the definitions and limitations noted in this Subsection 1.6.3(c), hereafter referred to as the
"Updated Buy -Out Schedule."
Notwithstanding the Buy -Out Schedule, Lessee's actual incurred capital costs and up -front
marketing costs, the depreciation schedule described above or the Updated Buy -Out Schedule,
the maximum payment due to Lessee for early termination of the Lease for another event use as
described in Subsection 1.6.3(a) for the depreciated value of said items shall not, under any
circumstances, exceed the following amounts for a Lease termination effective during the
following months:
Months
1 thru 48
Not applicable
Months
49 thru 60
$220,000
Months
61 thru 72
$185,000
Months
73 thru 84
$150,000
Months
85 thru 96
$115,000
Months
97 thru 108
$105,000
Months
109 thru 120
$95,000
At end of the ten (10)-year Lease Term: Not Applicable
For illustration purposes, if Lessor terminates the Lease with twelve (12)-months notice for
another "event use" as described in Subsection 1.6.3(a) on the three (3)-year anniversary of the
Commencement Date with such termination effective on the four (4)-year anniversary of the
Commencement Date, the payment due to Lessee for early termination of the Lease shall be the
residual value at the end of months 37 — 48 on the Buy -Out Schedule (i.e., $215,298.74) or the
related amount on the Updated Buy -Out Schedule, but in no event greater than $220,000 as noted
above for a termination effective during months 49 thru 60.
If Lessor terminates the Lease for another "event use" as described in Subsection 1.6.3(a) and
Lessor or the new event -use tenant pays the depreciated value of Lessee's initial capital costs and
up -front marketing costs as described above, the new tenant shall acquire all of Lessee's
ownership interests in all of the items included in the non -moveable and moveable capital costs
in the Updated Buy -Out Schedule.
Pavilion Building Lease 6
If Lessee terminates the Lease under Subsection 1.6.1 or Article 10, the provisions of this
Subsection 1.6.3(c) shall be null and void.
Subsection 1.6.4 Space Reservations and Early Termination of Lease:
Lessee may reserve or rent space at the Pavilion Building to users for whatever period of time
into the future determined by Lessee to be most beneficial. However, Lessee shall not have any
space reserved or rented in excess of twelve (12) months into the future as of the third
anniversary of the Commencement Date, unless there is a provision which allows for Lessee to
terminate the space reservation or rental with twelve (12) months notice, and in no case later than
the end of the ten (10)-year Lease Term. Although Lessee may determine whether to compensate
a prospective user of the Pavilion Building in the event of a cancellation, Lessee shall be
responsible for any compensation to, claim of or recourse by any prospective Pavilion Building
user. Under no event shall Lessor be responsible for any compensation to, claim of or recourse
by any prospective user of the Premises for cancellation of a space reservation or rental,
including, but not limited to the termination or expiration of the Lease for any reason as provided
for in the Lease.
Subsection 1.6.5 Ri!hts to Capital Investment at Lease Termination:
If any of the following events occur, Lessor shall acquire at no cost and without consideration all
of Lessee's ownership interests in all of the items included in the non -moveable capital costs in
the Updated Buy -Out Schedule: (i) if Lessee terminates the Lease under Subsection 1.6.1; (ii) if
Lessor terminates the Lease under Subsection 1.6.2; or (iii) if the ten (10)-year Lease Term
expires before the Lease is otherwise terminated.
At the end of the ten (10)-year Lease Term, Lessor or a new tenant of the Premises has the option
to secure all of Lessee's ownership interests in all of the items included in the moveable capital
costs in the Updated Buy -Out Schedule for the depreciated value of said items as noted therein or
a lower price negotiated with Lessee, but under no circumstances shall the price exceed $52,000.
Lessor shall notify Lessee in writing at least ninety (90) days prior to the end of the ten (10)-year
Lease Term if Lessor is interested in securing said items.
Section 1.7 Permitted Uses:
Lessee shall engage in the business of providing an event, banquet and meeting facility. See
Article 5 for additional information.
Section 1.8 Initial Security Deposit:
Within ten (10) days of the start of the Lease Commencement Date, as defined in Section 1.6,
Lessee shall provide to Lessor a security deposit in the amount of $10,000.00 which Lessor shall
place into an escrow account. Upon termination of the Lease, for any reason, this amount shall
be refunded to Lessee with interest, less the cost of the escrow account. In the event there is
damage to the Pavilion Building, not including normal wear and tear, and only for damage which
Pavilion Building Lease 7
Lessee is responsible for under this Lease, funds from this escrow account shall be used to repair
the damage, with the balance left, if any, then being refunded to Lessee.
Section 1.9 Vehicle Parking Spaces Allocated to Lessee:
Lessee shall be allowed unlimited use of 4 parking spaces in the public parking lot to the north of
the Pavilion Building as established and marked by signage by Lessor. If the Lessee or users of
the Pavilion Building use the City Center Parking Garage as identified in Exhibit `B," Project
Site Plan, the City's standard parking rates shall apply.
Section 1.10 Rent and Other Charges Payable by Lessee:
(a) Base Rent: Lessee shall pay Lessor monthly Base Rent during the Lease Term according to
the following schedule:
Lease Period (stated in Months)
First 3 Months
Next 3 Months
Next 12 Months
Thereafter
Monthly Base Rent Amount
$0.00
$1,000.00
$2,000.00
$3,000.00
(b) Revenue Sharing: In addition to the monthly Base Rent above, Lessee shall pay monthly to
Lessor the following amounts. Such amounts shall not include any taxes paid by Lessee,
gratuities or charges for on -site labor.
Catering — Lessor shall receive 15% of the gross catering sales, including food and
beverage sales and charges for the following items if provided by Lessee: Audio Visual systems,
linens, flowers, tables, chairs, flatware, china and the like
Room Rental — Lessor shall receive 35% of gross room rental charges
(c) Audit:
Lessee will keep and maintain or will cause to be kept and maintained proper and accurate books,
records and accounts reflecting all items of revenue required to be reported to Lessor per this
Section 1.10. Lessor shall have the right, upon ten (10) days advance written notice to Lessee, to
examine such books, records and accounts at the local Renton office of Lessee and to make
copies or extracts thereof as Lessor shall desire. In conducting such examination, Lessor shall
exercise its best efforts not to interfere with the normal business operations of Lessee. Lessor
shall have the right to have an independent third -party auditor inspect and audit such books,
records and accounts of Lessee during normal business hours, the cost of which shall be paid by
Lessor. If the third -party auditor's report that Lessee has under reported its lease payments to
Pavilion Building Lease 8
Lessor, per the Revenue Sharing agreement in this Section 1.10, by more than 5%, then Lessee
shall reimburse Lessor for the reasonable cost of the third -party auditor's audit.
Section 1.11 Exhibits and Other Attachments Which are Part of the Lease:
Exhibit "A" - Legal Description
Exhibit `B" - Project Site Plan
Exhibit "C" - Floor Load Rating Specifications
Exhibit "D" - Buy -Out Schedule
Exhibit "B" - Maintenance Schedule
ARTICLE 2. LEASE TERM
Section 2.1 Lease of Property for Lease Term:
Lessor leases the Property to Lessee and Lessee leases the Property from Lessor for the Lease
Term. The Lease Term is for the period stated in Section 1.6 and shall begin and end on the
dates specified in Section 1.6, unless the beginning or end of the Lease Term is changed under
any provision of this Lease. The "Commencement Date" shall be the date specified in Section
1.6 for the beginning of the Lease Term unless advanced or delayed under any provision of this
Lease.
ARTICLE 3. RENT PAYMENTS AND RESERVES FOR OPERATING
EXPENSES
Section 3.1 Time and Manner of Payment:
On or before the twenty-eighth day of the second month of the Lease Term and each month
thereafter, Lessee shall pay Lessor the Base Rent described in Subsection 1.10(a), the amount for
the Revenue Sharing described in Subsection 1.10(b) for the prior calendar month and the
amount of the Leasehold Excise Tax described in Section 4.1. The rent shall be payable at
Lessor's address or at such other place as Lessor may designate in writing. Together with such
payment, Lessee shall provide a detailed financial report that substantiates the Revenue Sharing
payment for the prior calendar month, including but not limited to: (i) an itemized list of the
actual event dates, users and applicable catering sales and room rental charges as described in
Subsection 1.10(b) and (ii) a summary total for the number of qualified events that occurred to
date during each twelve (12)-month period for the Performance Standard described in Subsection
1.6.1.
Section 3.2 Advance Payments upon Termination:
Upon termination of this Lease under Article 7 (Damage or Destruction), Article 8
(Condemnation), or any other termination not resulting from Lessee's default, and after Lessee
Pavilion Building Lease 9
has vacated the Property in the manner required by this Lease, Lessor shall refund or credit to
Lessee (or Lessee's successor) any advance rent or other advance payments made by Lessee to
Lessor.
ARTICLE 4. OTHER CHARGES PAYABLE BY LESSEE
Section 4.1 Taxes:
Lessee shall be responsible for the payment of the Leasehold Excise Tax (as further described
below), Business & Occupation Tax and Sales Tax, as applicable.
So long as the Property is owned by Lessor and is exempt from general real estate taxes as a
municipal corporation in accordance with RCW 84.36.010, Lessee shall be obligated to pay the
applicable Leasehold Excise Tax (a.k.a. "Rent Excise Tax") on the Base Rent and Revenue
Sharing payment. Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold
monthly to Lessor during the Lease Term along with the rents described in Section 3.1. Within
one hundred twenty (120) days after the end of each calendar year during the Lease Term or
within such longer period of time as may be reasonably necessary, Lessor shall furnish to Lessee
a statement of the Leasehold Excise Tax that Lessor was required to charge and collect from
Lessee for the preceding calendar year. If the required Leasehold Excise Tax charges for the
preceding calendar year exceed the monthly payments made by Lessee, then Lessee shall pay
Lessor the deficiency within thirty (30) days after receipt of the statement. If the Leasehold
Excise Tax payments made by Lessee exceed the required Leasehold Excise Tax charges for the
preceding calendar year, then, at Lessor's option, either Lessor shall pay Lessee the excess at the
time Lessor furnishes the statement to Lessee or Lessee shall be entitled to offset the excess
against the next installment(s) of rent, provided, however, that at the end of the Lease Term
Lessor shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee.
Section 4.2 Utilities:
Lessor shall be responsible for providing utilities to the Property, and represents and warrants to
Lessee that as of the Commencement Date water, sewer, gas, electricity, and telephone utilities
are available at the Property. Lessee shall pay for all water, sewer, gas, electricity, telephone, and
other utilities and services used by Lessee on the Property during the Lease Term. Under no
circumstances shall Lessee be responsible for any charges for water, sewer, gas, electricity, heat,
telephone, and other utilities and services, which are not under the control of Lessee and for the
use of providing services under this contract as a meeting, banquet and event facility.
Section 4.3 Insurance Policies:
(a) Liability Insurance. Lessee shall maintain in full force throughout the duration of the Lease
Term a policy of commercial general liability insurance (sometimes known as broad form
comprehensive general liability insurance) insuring Lessee against liability for bodily injury,
property damage (including loss of use of property) and personal injury or death arising out of the
operation, use or occupancy of the Property. Said liability insurance policy shall specifically list
"Liquor Liability Included" as a provision. Lessee shall name Lessor as an additional insured
under such policy. The initial amount of such insurance shall be One Million Dollars
Pavilion Building Lease 10
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate and shall be
subject to periodic increase based upon inflation, increased liability awards, recommendation of
Lessor's professional insurance advisors and other relevant factors. Lessee shall also maintain in
full force throughout the duration of the Lease Term a policy of automobile liability insurance
insuring Lessee against liability for bodily injury, property damage and personal injury or death
arising out of the operation or use of a vehicle by Lessee's employees, agents, contractors and
invitees in connection with the operation, use or occupancy of the Property. The initial amount
of such insurance shall be One Million Dollars ($1,000,000) per occurrence. The liability
insurance obtained by Lessee under this Section 4.3 shall (i) be primary and non-contributing; (ii)
contain cross -liability endorsements; and (iii) insure Lessor against Lessee's performance under
Section 5.6, if the matters giving rise to the indemnity under Section 5.6 result from the
negligence of Lessee. The amount and coverage of such insurance shall not limit Lessee's
liability nor relieve Lessee of any other obligation under this Lease. Lessor may also obtain
comprehensive public liability insurance in an amount and with coverage determined by Lessor
insuring Lessor against liability arising out of ownership, operation, use or occupancy of the
Property. The policy obtained by Lessor shall not be contributory and shall not provide primary
insurance.
If Lessee requires any agent, contractor, user or invitee to secure or maintain liability insurance
related to alterations to or maintenance, operation, use or occupancy of the Property, Lessee shall
require such liability insurance to include Lessor as an additional insured on such policies.
Notwithstanding the above, Lessor accepts liability for the use of the Pavilion Building restrooms
for Piazza Events provided for in Subsection 5.4.2.
(b) Property Insurance. During the Lease Term, Lessor shall maintain policies of insurance to
be paid for by Lessor covering loss of or damage to the Property in the full amount of its
replacement value. Such policy shall contain an inflation guard Endorsement and shall provide
protection against all perils included within the classification of fire, extended coverage,
vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage and any other
perils which Lessor deems reasonably necessary. Lessor shall not obtain insurance for Lessee's
fixtures or equipment or building improvements installed by Lessee on the Property. Lessee shall
maintain policies of insurance for Lessee's fixtures or equipment or building improvements
installed by Lessee on the Property.
(c) General Insurance Provisions.
(i) Any insurance which Lessee is required to maintain under this Lease shall include a provision
which requires the insurance carrier to give Lessor not less than forty five (45) days written
notice prior to any cancellation or modification of such coverage.
(ii) If Lessee fails to deliver any policy, certificate or renewal to Lessor required under this Lease
within the prescribed time period or if any such policy is canceled or modified during the Lease
Term without Lessor's consent, Lessor may obtain such insurance, in which case Lessee shall
reimburse Lessor for the cost of such insurance within fifteen (15) days after receipt of a
statement that indicates the cost of such insurance.
Pavilion Building Lease 11
(iii) Lessee shall maintain all insurance required under this Lease with companies rated A-XV or
better in Best's Insurance Guide, and which are authorized to transact business in the State of
Washington. If at any time during the Lease Term, Lessee is unable to maintain the insurance
required under the Lease, Lessee shall nevertheless maintain insurance coverage which is
customary and commercially reasonable in the insurance industry for Lessee's type of business,
as that coverage may change from time to time. Lessor makes no representation as to the
adequacy of such insurance to protect Lessor's or Lessee's interest. Therefore, Lessee shall
obtain any such additional property or liability insurance which Lessee deems necessary to
protect Lessor and Lessee.
(iv) Lessee and Lessor hereby release and discharge each other from all claims, losses and
liabilities arising from or caused by any hazard covered by property insurance on or in connection
with the premises or said building. This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
Section 4.4 Maintenance of Facility:
Lessee shall reimburse Lessor within thirty (30) days after receipt of a statement for the cost of:
(i) Lessor performing any maintenance to the Premises for which Lessee is responsible and
which Lessee approves in writing and (ii) Lessor performing any emergency maintenance to
safeguard and preserve the integrity of the Premises if Lessor is unable to reach Lessee in an
emergency for Lessee to perform the maintenance.
Section 4.5 Common Exterior Areas; Use, Maintenance and Costs:
For the purpose of this Section 4.5, Common Exterior Areas are defined as the Piazza Park on
the south side of the Pavilion Building and the public parking lot, Renton Transit Center and City
Center Parking Garage on the north side of the Pavilion Building as identified in Exhibit "B,"
Project Site Plan. If Lessor encounters damage (beyond normal wear and tear) or extraordinary
trash in the Common Exterior Areas that are attributed to Lessee's use of the Premises, Lessor
shall notify Lessee to allow Lessee to perform the required maintenance or custodial services. If
Lessee elects not to perform the required maintenance or custodial services, Lessee shall
reimburse Lessor within thirty (30) days after receipt of a statement for the cost of performing
such work so long as the damage or extraordinary trash is related to the Lessee's use of the
Premises.
Section 4.6 Late Charges:
Lessee's failure to pay rent promptly may cause Lessor to incur unanticipated costs. The exact
amount of such costs are impractical or difficult to ascertain. Such costs may include, but are not
limited to, processing and accounting charges and late charges which may be imposed on Lessor
by any ground lease, mortgage or other encumbrance on the Property. Consequently, if Lessor
does not receive any Rent payment within ten (10) days after it becomes due, Lessee shall pay
Lessor a late charge equal to five percent (5%) of the overdue amount for each month that it is
overdue. The parties agree that such late charge represents a fair and reasonable estimate of the
costs Lessor will incur by reason of such late payment.
Pavilion Building Lease 12
Section 4.7 Interest on Past Due Obligations:
Any amount owed by Lessee to Lessor which is not paid when due shall bear interest at the rate
of twelve percent (12%) per annum from the due date of such amount, however, interest shall not
be payable on late charges to be paid by Lessee under this Lease. The payment of interest on
such amounts shall not excuse or cure any default by Lessee under this Lease. If the interest rate
specified in this Lease is higher than the rate then permitted by law, the interest rate shall be
decreased to the maximum legal interest rate then permitted by law.
ARTICLE 5. USE OF PROPERTY
Section 5.1 Permitted Uses:
Lessee shall have exclusive control and access to the Pavilion Building, except as defined
elsewhere in this Lease. Lessee may use the Property only for the Permitted Uses set forth in
Section 1.7 and subject to the floor load restrictions included in Section 1.5.
Lessee shall not allow smoking inside the building, and shall provide adequate ashtrays in the
patio areas outside to accommodate any smoking. Any animal show on the Premises must be
approved by Lessor in writing prior to the event. Incidental animal activities such as magic
shows and service animals such as guide dogs for the blind shall not require Lessor approval.
Lessee shall not allow the use of rice, confetti, birdseeds, flower petals and the like outside the
Pavilion Building. Bubbles shall be permitted outside. Lessee shall not allow any obscene use
of the Premises.
The maximum occupancy of the building shall be 655 people.
Section 5.2 Manner of Use:
Lessee shall professionally market, maintain and operate the Premises as a quality meeting,
banquet and event space.
Lessee shall not cause or permit the Property to be used in any way which constitutes a violation
of any law, ordinance, or governmental regulation or order. Lessee shall obtain and pay for all
permits, other than a Certificate of Occupancy, required for Lessee's occupancy of the Property
and shall promptly take all actions necessary to comply with all applicable statutes, ordinances,
rules, regulations, orders and requirements regulating the use by Lessee of the Property, including
the Occupational Safety and Health Administration.
Notwithstanding the above, Lessee or Lessee's users shall secure any required liquor license,
banquet license or food handling permits, as applicable, for use of the Premises.
Lessee shall not obstruct, cover or block the Pavilion Building windows, including but not
limited to window coverings and moveable partitions, except as necessary during events and
meetings. Any such window coverings and moveable partitions will be immediately opened or
removed as applicable on a daily basis after any events or meetings.
Pavilion Building Lease
13
Section 5.3 Use of Piazza Park:
Lessor shall provide Lessee with an annual schedule of City -sponsored events for the Piazza
Park. Although Lessor reserves the right to schedule City -sponsored events at the Piazza Park at
any time, Lessor will attempt to schedule additional City -sponsored events on dates where there
are no conflicting uses scheduled at the Pavilion Building if possible.
Lessor acknowledges that users and invitees for events at the Pavilion Building may occupy a
portion of the Piazza Park for incidental use without the prior, written consent of the Renton Park
Board. For the purpose of this provision, incidental use shall mean the ability to use or
congregate in a portion of the Piazza Park so long as: (i) City of Renton's Park Rules and
Regulations are maintained, (ii) no food or beverages are served in the Piazza Park and (iii) no
objects that impede or restrict public access or full use of the Piazza Park by other persons are
placed in the Piazza Park, including, but not limited to, stanchions, barricades, stands, chairs,
tables, tents, fixtures or the like. In order for users or invitees of the Pavilion Building to occupy
any portion of the Piazza Park for any use other than specifically provided for above, Lessee or
user of the Pavilion Building must pay any applicable fee and secure the Renton Park Board's
prior, written approval.
Lessee shall provide users of the Premises with a copy of City of Renton's Park Rules and
Regulations. Lessee shall make users and invitees of the Premises aware of the City of Renton's
restriction against the use of alcohol in the Piazza Park, and of the restrictions related to use of
the Piazza Park as described above.
Section 5.4 City Use of Facility:
Subsection 5.4.1 City -Sponsored Events:
(a) Lessor shall have the right to schedule up to a maximum of 12 City -Sponsored Events per
year at the Pavilion Building. For the purpose of this Subsection 5.4.1, City -Sponsored Events
shall refer to any event sponsored or co -sponsored by the City as submitted to Lessee by the
Office of the Mayor or the Mayor's designee. Lessor shall be responsible for any liability or
damage to persons or property that occurs in any way as a result of these City -Sponsored Events.
These events shall be allowed on a space available basis by Lessee, and subject to the restrictions
of Subsection 5.4.1(d).
(b) Lessee shall only be responsible for allowing access to the Pavilion Building, and providing
custodial services before, during and after the event.
(c) The fee to the City for these City- Sponsored Events shall be as follows:
Base Fee: $250
Hourly Attendance Fee: $35
Excessive Cleanup Surcharge: Reimbursement of Lessee's actual costs
Pavilion Building Lease 14
These fees and charges shall not include any services other than access to an empty, clean
Pavilion Building with a comfortable temperature and well -stocked restrooms. Any additional
services such as catering and the like, shall be billed at Lessee's normal rates, and the exclusivity
of Lessee's right to provide such services shall remain in affect during these City Sponsored
Events. The room rental revenue (but not the catering revenue) from these City Sponsored
events to Lessor shall not be subject to the Revenue Sharing provisions of Subsection 1.10(b).
(d) Scheduling of these City Sponsored Events shall not fall within the following times and dates
unless otherwise approved by Lessee in writing:
Friday Evenings after 3:00pm
Saturdays
Sundays
Holidays
However, the exclusions in this Subsection 5.4.1(d) shall not apply during the annual Renton
River Days event and for the annual Holiday Tree Lighting festivities.
Subsection 5.4.2 Piazza Events:
Lessor may schedule up to a maximum of 36 City -approved events in the Piazza Park such as the
Renton Farmers' Market, the Cinema on the Piazza summer movies, festivals and the like where
Lessee shall provide access to the restrooms of the Pavilion Building (but not the entire
building). Lessor shall provide Lessee with at least sixty (60) days advance notice for such
events. Lessee agrees to work with other potential users of the Pavilion Building for the dates of
such Piazza events to promote shared use of the Pavilion Building restrooms, if possible.
However, if Lessee has another use scheduled for the Pavilion Building where shared use of the
restrooms is not possible for one (1) or more of the above Piazza events, Lessee shall provide
Lessor with at least thirty (30) days advanced notice, in which case Lessee shall not provide
access to the Pavilion Building restrooms and Lessor or the Piazza event sponsor shall secure
commercially available portable toilets at its own expense, if desired. If there is no other event
scheduled or another event scheduled where the Pavilion Building restrooms may be shared,
Lessee shall make the restrooms at the Pavilion Building available for $50.00 for each eight (8)
hour period per event. Said fee shall be paid by Lessor or the Piazza event sponsor within 30
days of receipt of invoice from Lessee. Lessor shall be responsible for opening, monitoring,
cleaning, restocking and locking the Pavilion Building restrooms for each such event. Lessor
shall be responsible for any liability or damage to persons or property that occurs in any way as a
result of the use of the Pavilion Building restrooms for such Piazza events. The $50.00 payments
for use of the Pavilion Building restrooms described in this Subsection 5.4.2 shall not be subject
to the Revenue Sharing provisions of Subsection 1.10(b).
If another event is scheduled during one (1) of the above Piazza events, Lessee shall inform the
Pavilion Building user for such date of the Piazza event so that the user is aware in advance of
potential impacts from the Piazza event on the user's event or meeting on the Premises.
Pavilion Building Lease 15
Section 5.5 Sims:
Lessee shall not place any interior or exterior signs on the Property without Lessor's prior written
consent.
Section 5.6 Indemnity:
Subsection 5.6.1 Lessee's Indemnification of Lessor:
Lessee, Spirit of Washington, Inc., shall indemnify, defend and hold Lessor harmless from and
against any and all costs, claims, losses or liability, or any portion thereof, arising from: (a)
Lessee's use of the Property; (b) the conduct of Lessee's business or anything else done or
permitted by Lessee to be done in or about the Property, including any contamination of the
Property or any other property resulting from the presence or use of Hazardous Material caused
or permitted by Lessee; (c) any breach of default in the performance of Lessee's obligations
under this Lease; (d) any misrepresentation or breach of warranty by Lessee under this Lease; or
(e) other acts or omissions of Lessee. Lessee shall defend Lessor against any such cost, claim,
loss or liability at Lessee's expense with counsel reasonably acceptable to Lessor or, at Lessor's
election, Lessee shall reimburse Lessor for any legal fees or costs incurred by Lessor in
connection with any such claim. As a material part of the consideration to Lessor, Lessee
assumes all risk of damage to property or injury to persons in the Property arising from any
cause, and Lessee hereby waives all claims in respect thereof against Lessor, except for any claim
arising out of Lessor's sole negligence. As used in this Section 5.6, the term "Lessee," for
purposes of triggering indemnification, shall include Lessee's officers, employees, agents,
contractors, volunteers and invitees, if applicable.
This indemnification provision shall not be applicable to any sums payable under RCW Title 51
and does not waive the protections of Title 51 RCW. This provision has been freely negotiated
between Lessee and Lessor.
The provisions of this Subsection 5.6.1 shall survive the termination or expiration of this Lease.
Subsection 5.6.2 Lessor's Indemnification of Lessee:
This Subsection 5.6.2 shall apply only to Lessor's liability and responsibility for (i) the City -
Sponsored Events provided for in Subsection 5.4.1; and (ii) the use of the Pavilion Building
restrooms for Piazza events provided for in Subsection 5.4.2. Lessor shall provide no other
indemnification for Lessee.
Subject to the above limitations, Lessor, City of Renton, shall indemnify, defend and hold Lessee
harmless from and against any and all costs, claims, losses or liability, or any portion thereof,
arising from: (a) Lessor's use of the Property; (b) the conduct of Lessor's business or anything
else done or permitted by Lessor to be done in or about the Property, including any
contamination of the Property or any other property resulting from the presence or use of
Hazardous Material caused or permitted by Lessor; (c) any breach of default in the performance
of Lessor's obligations under this Lease; (d) any misrepresentation or breach of warranty by
Lessor under this Lease; or (e) other acts or omissions of Lessor. Lessor shall defend Lessee
Pavilion Building Lease 16
against any such cost, claim, loss or liability at Lessor's expense with counsel reasonably
acceptable to Lessee or, at Lessee's election, Lessor shall reimburse Lessee for any legal fees or
costs incurred by Lessee in connection with any such claim. As a material part of the
consideration to Lessee, Lessor assumes all risk of damage to property or injury to persons in the
Property arising from any cause, and Lessor hereby waives all claims in respect thereof against
Lessee, except for any claim arising out of Lessee's sole negligence. As used in this Section 5.6,
the term "Lessor," for purposes of triggering indemnification, shall include Lessor's officers,
employees, agents, contractors, volunteers and invitees, if applicable.
This indemnification provision shall not be applicable to any sums payable under RCW Title 51
and does not waive the protections of Title 51 RCW. This provision has been freely negotiated
between Lessee and Lessor.
The provisions of this Subsection 5.6.2 shall survive the termination or expiration of this Lease.
Section 5.7 Lessor's Access:
Lessor may access the main electrical room on the northeast side of the Pavilion Building at any
time and without notice for the purpose of using or maintaining the electrical service and exterior
lighting controls for the Piazza Park. Lessor may also access the restrooms at the Pavilion
Building for Piazza events as provided for in Subsection 5.4.2.
Lessor or its agents may enter the Property at all reasonable times to show the Property to
potential buyers, investors, lessees or other parties. Lessor shall give Lessee reasonable prior
notice of such entry, except in the case of emergency. Lessor may place customary "For Lease"
signs on the Property within 365 days of the Lease termination date. Lessee may take down the
"For Lease" signs during events, but shall replace them immediately afterwards.
Section 5.8 Quiet Possession:
If Lessee pays the Rent and complies with all other terms of this Lease, Lessee may occupy and
enjoy the Property for the full Lease Term, subject to the provisions of this Lease.
Notwithstanding the above, Lessee acknowledges that the Premises are located adjacent to the
Piazza Park and the Renton Transit Center and that, as such, the use of the Premises may be
impacted by the day-to-day activities in the adjacent spaces or City -sponsored or endorsed
activities in the Piazza Park, including but not limited to the Piazza events described in
Subsection 5.4.2.
Section 5.9 Hazardous Material:
Lessor represents and warrants to Lessee that, to the best of Lessor's knowledge, there is no
"Hazardous Material" (as defined below) on, in, or under the Premises as of the Commencement
Date except as otherwise disclosed to Lessee in writing before the execution of this Lease. If
there is any Hazardous Material on, in, or under the Premises as of the Commencement Date,
which has been or thereafter becomes unlawfully released through no fault of Lessee, then Lessor
shall indemnify, defend and hold Lessee harmless from any and all claims, judgments, damages,
penalties, fines, costs, liabilities or losses including without limitation sums paid in settlement of
Pavilion Building Lease 17
claims, attorneys' fees, consultant fees and expert fees, incurred or suffered by Lessee either
during or after the Lease Term as the result of such contamination.
Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or
about, or disposed of on the Premises by Lessee, its officers, agents, employees, contractors or
invitees, except in strict compliance with all applicable federal, state and local laws, regulations,
codes and ordinances. If Lessee breaches the obligations stated in the preceding sentence, then
Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in
the value of the Premises, damages for the loss or restriction on use of rentable or usable space or
of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on
marketing of space at the Premises, and sums paid in settlement of claims, attorneys' fees,
consultant fees and expert fees incurred or suffered by Lessor either during or after the Lease
Term. These indemnifications by Lessor and Lessee include, without limitation, costs incurred in
connection with any investigation of site conditions or any clean-up, remedial, removal or
restoration work, whether or not required by any federal, state or local governmental agency or
political subdivision, because of Hazardous Material present in the Premises, or in soil or ground
water on or under the Premises. Lessee shall immediately notify Lessor of any inquiry,
investigation or notice that Lessee may receive from any third party regarding the actual or
suspected presence of Hazardous Material on the Premises.
Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or
used in or about the Premises by Lessee, its officers, agents, employees, contractors or invitees,
results in any unlawful release of Hazardous Material on the Premises or any other property,
Lessee shall promptly take all actions, at its sole expense, as are necessary to return the Premises
or any other property, to the condition existing prior to the release of any such Hazardous
Material; provided that Lessor's approval of such actions shall first be obtained, which approval
may be withheld at Lessor's sole discretion.
As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or
harmful substance, material or waste including biomedical waste which is or becomes regulated
by any local governmental authority, the State of Washington or the United States Government
due to its potential harm to the health, safety or welfare of humans or the environment.
ARTICLE 6. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND
ALTERATIONS
Section 6.1 Existin! Conditions:
Lessee accepts the Property in its condition as of the execution of the Lease, subject to all
recorded matters, laws, ordinances, and governmental regulations and orders. Lessee
acknowledges that neither Lessor nor any agent of Lessor has made any representation as to the
condition of the Property nor the suitability of the Property for Lessee's intended use. Lessee
represents and warrants that Lessee has made its own inspection of and inquiry regarding the
condition of the Property and is not relying on any representations of Lessor or any Broker with
respect thereto. If Lessor or Lessor's Broker has provided a Property Information Sheet or other
Pavilion Building Lease 18
Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease and
initialed by both parties.
Section 6.2 Exemption of Lessor from Liability:
Lessor shall not be liable for any damage or death or injury to the person, business (or in any loss
of income there from), goods, wares, merchandise or other property of Lessee, Lessee's officers,
agents, employees, invitees, customers or any other person in or about the Property, whether such
damages or injury is caused by or results from: (a) fire, steam, electricity, water, gas, snow, rain,
or volcanic activity; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers,
wires, appliances, plumbing, air condition or lighting fixtures or any other cause; or (c)
conditions arising in or about the Property or upon other portions of the Project, or from other
sources or places. Lessor shall not be liable for any such damage or injury even though the cause
of or the means of repairing such damage, death or injury are not accessible to Lessee. The
provisions of this Section 6.2 shall not, however, exempt Lessor from liability for Lessor's
negligence or misconduct.
Section 6.3 Maintenance and Repairs:
Lessee shall have total responsibility for maintenance as described in Exhibit "E," Maintenance
Schedule, routine repairs and custodial services for the Project. A specific description of the
maintenance and custodial requirements is included as Exhibit "E," Maintenance Schedule,
attached hereto and incorporated herein by this reference as fully set forth. Lessee shall maintain
records on the Premises that document Lessee's performance of preventative maintenance,
inspections and service to the HVAC and other building systems included in Exhibit "E,"
Maintenance Schedule, Section H (Mechanical). Such records shall be available for inspection
by Lessor. Lessor will conduct periodic inspections of the Premises and the above records with
ten (10) days notice to assure compliance with the maintenance and custodial requirements.
Lessor reserves the right to perform emergency maintenance services to safeguard and preserve
the integrity of the Premises and to perform maintenance, repairs or custodial services if Lessee
fails to perform them within thirty (30) days of notice. Lessor will bill Lessee for emergency or
other services provided by Lessor and Lessee shall make payment along with the rent described
in Section 1.10.
Lessee is responsible for any processes, procedures, or construction activities that require
environmental review, permits, or similar approvals. Qualified individuals shall perform all
maintenance, design or construction work on the Premises.
Lessor shall assume responsibility for all damage, maintenance, and repair to the exterior of the
Pavilion Building, whether for vandalism or other, unless caused by Lessee's use of the
Premises.
Lessor shall provide Lessee at no charge with initial instruction regarding the operation and
maintenance of HVAC and other mechanical systems located in the Pavilion Building and the
use of the Maintenance Schedule included in Exhibit "E."
Subject to the provisions of Article 7, if Lessee performs the required preventative maintenance,
inspections and service included in Exhibit "E," Maintenance Schedule, Section H (Mechanical),
Pavilion Building Lease 19
Lessor shall accept responsibility for failures to the following equipment, systems or components
on the Premises: structural components, HVAC, plumbing, electrical distribution and electronic
control systems. However, this provision shall not apply to items that may need repair or
replacement by Lessee due to normal wear and tear during the Lease Term including, but not
limited to, door openers and closers, roll up door rollers, toilet flush values, restroom fans, light
bulbs and other consumable items.
Section 6.4 Alterations, Additions, and Improvements:
(a) Lessee shall not make any alterations, additions, or improvements to the Property or install
permanent window screenings or interior or exterior signage without Lessor's prior written
consent. Lessee shall pay for any alterations, additions or improvements approved by Lessor.
The term "Alterations" shall not include the installation of carpet, shelves, movable partitions,
Lessee's equipment, and trade fixtures which may be performed without damaging existing
improvements or the structural integrity of the Property, and Lessor's consent shall not be
required for Lessee's installation of those items. However, Lessee agrees to coordinate any
carpet installation in advance with Lessor to insure that the carpet is installed in a manner that
allows appropriate service access to all HVAC service areas in the plenum. Lessor may require
Lessee to provide demolition and/or lien and completion bonds in form and amount satisfactory
to Lessor. Lessee shall promptly remove any alterations, additions, or improvements constructed
in violation of this Section 6.4 upon Lessor's written request. All alterations, additions, and
improvements shall be done in a good and workmanlike manner, in conformity with all
applicable laws and regulations, and by a contractor approved by Lessor. Upon completion of
any such work, Lessee shall provide Lessor with "as built" plans, copies of all construction
contracts, and proof of payment for all labor and materials. Lessee shall not be required to
remove or pay the cost of removal of any Alterations upon the termination or expiration of the
Lease for any reason. All Alternations shall become the property of Lessor upon termination or
expiration of the Lease.
(b) Lessee shall pay when due all claims for labor and material furnished to the Property. Lessee
shall give Lessor at least twenty (20) days prior written notice of the commencement of any work
on the Property, regardless of whether Lessor's consent to such work is required. Lessor may
elect to record and post notices of non -responsibility on the Property. Lessee shall reimburse
Lessor for any legal fees or costs incurred by Lessor in connection with defending itself against
any claims for labor or material furnished to the Property.
Section 6.5 Condition Upon Termination of Lease:
Upon the termination of the Lease, Lessee shall surrender the Property to Lessor, broom clean
and in the same condition as received except for ordinary wear and tear which Lessee was not
otherwise obligated to remedy under any provision of this Lease. However, Lessee shall not be
obligated to repair any damage which Lessor is required to repair under Article 7 (Damage or
Destruction). All alterations, additions and improvements shall become Lessor's property and
shall be surrendered to Lessor upon the expiration or early termination of the Lease, except that
Lessee may remove any of Lessee's machinery or equipment which can be removed without
material damage to the Property. Lessee shall repair, at Lessee's expense, any damage to the
Property caused by the removal of any such machinery, specialty cabinets installed by Lessee,
Pavilion Building Lease 20
computer, telephone or other communication or electronic equipment, or other equipment. In no
event, however, shall Lessee remove any of the following materials or equipment (which shall be
deemed Lessor's property) without Lessor's prior written consent: any power wiring or power
panels; lighting or lighting fixtures, wall coverings; drapes, blinds or other window coverings;
carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning
equipment; fencing or security gates or security systems; or other similar building operating
equipment and decorations.
Within thirty (30) days after the expiration or early termination of this Lease, Lessee shall
remove from the Premises, at its sole expense, all equipment, furnishings, and other personal
property owned and placed in or on the Premises by the Lessee unless otherwise provided for in
the Lease. If Lessee fails to removed such equipment, furnishings, and other personal property
within the time allowed, Lessor may, but need not, remove said personal property and hold it for
the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof,
and Lessee shall reimburse Lessor for any expenses incurred by Lessor in connection with such
removal and storage. Lessor shall have the right to sell such stored property, without notice to
Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale
to be applied first to the cost of sale, second to payment of any charges for storage, and third to
the payment of any other amounts which may then be due from Lessee to Lessor, and the
balance, if any, shall be paid to Lessee.
ARTICLE 7. DAMAGE OR DESTRUCTION
Section 7.1 Partial Damage to Property:
(a) Lessee shall notify Lessor in writing immediately upon the occurrence of any damage to the
Property. If the Property is only partially damaged, [i.e., less than fifty percent (50%) of the
Property is unleaseable as a result of such damage or less than fifty percent (50%) of Lessee's
operations are materially impaired], and if the proceeds received by Lessor from the insurance
policies described in Subsection 4.3(b) are sufficient to pay for the necessary repairs, this Lease
shall remain in effect and Lessor shall repair the damage as soon as reasonably possible. Lessor
may elect (but is not required) to repair any damage to Lessee's fixtures, equipment, or
improvements. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee,
or Lessee's employees, agents, contractors or invitees, the "deductible amount," if any, under
Lessor's insurance policies.
(b) If the insurance proceeds received by Lessor are not sufficient to pay the entire cost of repair,
or if the cause of the damage is not covered by the insurance policies which Lessor maintains
under Section 4.3, Lessor may elect either to (i) repair the damage as soon as reasonably possible,
in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the
date the damage occurred. Lessor shall notify Lessee within thirty (30) days after receipt of
notice of the occurrence of the damage whether Lessor elects to repair the damage or terminate
the Lease. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee, or
Lessee's employees, agents, contractors or invitees, the "deductible amount," if any, under
Lessor's insurance policies. If Lessor elects to terminate the Lease, Lessee may elect to continue
this Lease in full force and effect, in which case Lessee shall repair any damage to the Property
and any building in which the Property is located. Lessee shall pay the cost of such repairs,
Pavilion Building Lease 21
except that upon satisfactory completion of such repairs, Lessor shall deliver to Lessee any
insurance proceeds received by Lessor for the damage repaired by Lessee. Lessee shall give
Lessor written notice of such election within ten (10) days after receiving Lessor's termination
notice.
(c) If the damage to the Property occurs during the last six (6) months of the Lease Term and
such damage will require more than thirty (30) days to repair, either Lessor or Lessee may elect
to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any
insurance proceeds. The party electing to terminate this Lease shall give written notification to
the other party of such election within thirty (30) days after Lessee's notice to Lessor of the
occurrence of the damage.
Section 7.2 Substantial or Total Destruction:
If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to
the Property is greater than partial damage as described in Section 7.1, and regardless of whether
Lessor receives any insurance proceeds, this Lease shall terminate as of the date the destruction
occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6)
months after the date of destruction, Lessor may elect to rebuild the Property at Lessor's own
expense, in which case this Lease shall remain in full force and effect. Lessor shall notify Lessee
of such election within thirty (30) days after Lessee's notice of the occurrence of total or
substantial destruction. If Lessor so elect, Lessor shall rebuild the Property at Lessor's sole
expense, except that if the destruction was caused by an act or omission of Lessee.
Section 7.3 Temporary Reduction of Rent:
If the Property is destroyed or damaged and Lessor or Lessee repairs or restores the Property
pursuant to the provisions of this Article 7, any rent payable during the period of such damage
repair and/or restoration shall be reduced according to the degree, if any, to which Lessee's use of
the Property is impaired. Except for such possible reduction in Base Rent, Lessee shall not be
entitled to any compensation, reduction, or reimbursement from Lessor as a result of any damage,
destruction, repair, or restoration of or to the Property.
Section 7.4 Destruction Waiver:
Lessee waives the protection of any statute, code or judicial decision which grants a lessee the
right to terminate a lease in the event of the substantial or total destruction of the leased Property.
Lessee agrees that the provision of Section 7.2 above shall govern the rights and obligations of
Lessor and Lessee in the event of any substantial or total destruction to the Property.
ARTICLE 8. CONDEMNATION
If all or any portion of the Property is taken under the power of eminent domain or sold under the
threat of that power (all of which are called "Condemnation"), this Lease shall terminate as to the
part taken or sold on the date the condemning authority takes title or possession, whichever
occurs first. If more than twenty percent (20%) of the floor area of the building in which the
Property is located, or which is located on the Property, is taken, either Lessor or Lessee may
Pavilion Building Lease 22
terminate this Lease as of the date the condemning authority takes title or possession, by
delivering written notice to the other within ten (10) days after receipt of written notice of such
taking (or in the absence of such notice, within ten (10) days after the condemning authority takes
title or possession). If neither Lessor nor Lessee terminates this Lease, this Lease shall remain in
effect as to the portion of the Property not taken, except that the Base Rent shall be reduced in
proportion to the reduction in the floor area of the Property. Any Condemnation Award or
payment shall be distributed in the following order: (a) first, to any mortgagee or beneficiary
under a deed of trust encumbering the Property, the amount of its interest in the Property; (b)
second, to Lessee, only the amount of any award specifically designated for loss of or damage to
Lessee's trade fixtures or removable personal property; and (c) third, to Lessor, the remainder of
such award, whether as compensation for reduction in the value of the leasehold, the taking of
the fee, or otherwise. If this Lease is not terminated, Lessor shall repair any damage to the
Property caused by the Condemnation, except that Lessor shall not be obligated to repair any
damage for which Lessee has been reimbursed by the condemning authority. If the severance
damages received by Lessor are not sufficient to pay for such repair, Lessor shall have the right
to either terminate this Lease or make such repair at Lessor's expense.
ARTICLE 9. ASSIGNMENT AND SUBLETTING
Section 9.1 Lessor's Consent Required:
No portion of the Property or of Lessee's interest in this Lease may be acquired by any other
person or entity, whether by sale, assignment, mortgage, sublease, transfer, operation of law, or
act of Lessee (hereafter collectively referred to as a "Transfer") without Lessor's prior written
consent. Lessor has the right to grant or withhold its consent as provided in Section 9.3 below.
Any attempted Transfer without Lessor's prior written consent shall be void and shall constitute
a non -curable breach of this Lease. If Lessee is a partnership or limited liability company, any
cumulative Transfer of more than twenty percent (20%) of the entity's interests shall require
Lessor's consent. If Lessee is a corporation, any change in the ownership of a controlling interest
of the voting stock of the corporation, cumulatively over the life of the Lease, shall require
Lessor's consent.
Section 9.2 No Release of Lessee:
No Transfer shall release Lessee or change Lessee's primary liability to pay the rent and to
perform all other obligations of Lessee under this Lease. Lessor's acceptance of rent from any
other person is not a waiver of any provision of this Article 9. Consent to one Transfer is not
consent to any subsequent Transfer. If Lessee's transferee defaults under this Lease, Lessor may
proceed directly against Lessee without pursuing remedies against the transferee. Lessor may
consent to subsequent assignments or modifications of this Lease by Lessee's transferee, without
notifying Lessee or obtaining its consent. Such action shall not relieve Lessee's liability under
this Lease.
Section 9.3 Lessor's Consent:
Lessee's request for consent to any Transfer described in Section 9.1 shall set forth in writing the
details of the proposed Transfer, including the name, business and financial condition of the
Pavilion Building Lease 23
prospective transferee, financial details of the proposed Transfer (e.g., the term of and the rent
and security deposit payable under any proposed assignment or sublease), and any other
information Lessor deems relevant. Lessor shall have the right to withhold consent, if
reasonable, or to grant consent, based on the following factors: (i) the business of the proposed
assignee or sublessee and the proposed use of the Property; (ii) the net worth and financial
reputation of the proposed assignee or sublessee; (iii) Lessee's compliance with all of its
obligations under the Lease; and (iv) such other factors as Lessor may reasonably deem relevant.
ARTICLE 10. DEFAULT OR FAILURE OF CONSIDERATION
Lessee's performance of each of Lessee's obligations under this Lease is a condition as well as a
covenant. Lessee's right to continue in possession of the Property is conditioned upon such
performance. Time is of the essence in the performance of all covenants and conditions.
Lessor may terminate the Lease and take possession of the Leased Premises in the event that the
Lessee shall have failed to perform any of the covenants or conditions of the Lease, and such
default or deficiency in performance was not remedied by the Lessee within thirty (30) days after
receiving notice in writing stating the nature of the default or deficiency and the Lessor's
intention to terminate the Lease if not corrected.
ARTICLE 11. PROTECTION OF LENDERS
Section 11.1 Subordination:
Lessor shall have the right to subordinate this Lease to any ground lease, deed of trust or
mortgage encumbering the Property, any advances made on the security thereof and any
renewals, modifications, consolidations, replacements or extensions thereof, whenever made or
recorded. Lessee shall cooperate with Lessor and any lender which is acquiring a security
interest in the Property or the Lease. Lessee shall execute such further documents and assurances
as such lender may require, provided that Lessee's obligations under this Lease shall not be
increased in any material way (the performance of ministerial acts shall not be deemed material),
and Lessee shall not be deprived of its rights under this Lease. Lessee's right to quiet possession
of the Property during the Lease Term shall not be disturbed if Lessee pays the rent and performs
all of Lessee's obligations under this Lease and is not otherwise in default. If any ground Lessor,
beneficiary or mortgagee elects to have this Lease prior to the lien of its ground lease, deed of
trust or mortgage and gives written notice thereof to Lessee, this Lease shall be deemed prior to
such ground lease, deed of trust or mortgage whether this Lease is dated prior or subsequent to
the date of said ground lease, deed of trust or mortgage or the date of recording thereof.
Section 11.2 Attornment:
If Lessor's interest in the Property is acquired by any ground Lessor, beneficiary under a deed of
trust, mortgagee, or purchaser at a foreclosure sale, Lessee shall attorn to the transferee of or
successor to Lessor's interest in the Property and recognize such transferee or successor as Lessor
under this Lease. Lessee waives the protection of any statute or rule of law which gives or
purports to give Lessee any right to terminate this Lease or surrender possession of the Property
upon the transfer of Lessor's interest.
Pavilion Building Lease
24
Section 11.3 Signing of Documents:
Lessee shall sign and deliver any instrument or documents necessary or appropriate to evidence
any such attornment or subordination or agreement to do so. If Lessee fails to do so within
twenty (20) days after written request, Lessee hereby makes, constitutes and irrevocably appoints
Lessor, or any transferee or successor of Lessor, the attorney -in -fact of Lessee to execute and
deliver any such instrument or document.
Section 11.4 Estoppel Certificates:
(a) Upon Lessor's written request, Lessee shall execute, acknowledge and deliver to Lessor a
written statement certifying: (i) that none of the terms or provisions of this Lease have been
changed (or if they have been changed, stating how they have been changed); (ii) that this Lease
has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other
charges and the time period covered by such payment; (iv) that Lessor is not in default under this
Lease (or, if Lessor is claimed to be in default, stating why); and (v) such other representations or
information with respect to Lessee or the Lease as Lessor may reasonably request or which any
prospective purchaser or encumbrancer of the Property may require. Lessee shall deliver such
statement to Lessor within twenty (20) days after Lessor's request. Lessor may give any such
statement by Lessee to any prospective purchaser or encumbrancer of the Property. Such
purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Lessee does not deliver such statement to Lessor within such twenty (20) day period,
Lessor, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon
the following facts: (i) that the terms and provisions of this Lease have not been changed except
as otherwise represented by Lessor; (ii) that this Lease has not been canceled or terminated
except as otherwise represented by Lessor: (iii) that not more than one month's Base Rent or
other charges have been paid in advance; and (iv) that Lessor is not in default under the lease. In
such event, Lessee shall be estopped from denying the truth of such facts.
ARTICLE 12. LEGAL COSTS
Section 12.1 Legal Proceedings:
If Lessee or Lessor shall be in breach or default under this Lease, such party (the "Defaulting
Party") shall reimburse the other party (the "Nondefaulting Party") upon demand for any costs or
expenses that the Nondefaulting Party incurs in connection with any breach or default of the
Defaulting Party under this Lease, whether or not suit is commenced or judgment entered. Such
costs shall include legal fees and costs incurred for the negotiation of a settlement, enforcement
of rights or otherwise. Furthermore, if any action for breach of or to enforce the provisions of this
Lease is commenced, the court in such action shall award to the party in whose favor a judgment
is entered, a reasonable sum as attorneys' fees and costs. The losing party in such action shall
pay such attorneys' fees and costs. Lessee shall also indemnify Lessor against and hold Lessor
harmless from all costs, expenses, demands and liability Lessor may incur if Lessor becomes or
is made a party to any claim or action (a) instituted by Lessee against any third party, or by any
third party against Lessee, or by or against any person holding any interest under or using the
Pavilion Building Lease 25
Property by license of or agreement with Lessee; (b) for foreclosure of any lien for labor or
material furnished to or for Lessee or such other person; (c) otherwise arising out of or resulting
from any act or transaction of Lessee or such other person; or (d) necessary to protect Lessor's
interest under this Lease in a bankruptcy proceeding, or other proceeding under Title 11 of the
United States Code, as amended. Lessee shall defend Lessor against any such claim or action at
Lessee's expense with counsel reasonably acceptable to Lessor or, at Lessor's election, Lessee
shall reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or action.
Section 12.2 Lessor's Consent:
Lessee shall pay Lessor's reasonable attorneys' fees incurred in connection with Lessee's request
for Lessor's consent under Article 9 (Assignment and Subletting), or in connection with any
other act which Lessee proposes to do and which requires Lessor's consent.
ARTICLE 13. MISCELLANEOUS PROVISIONS
Section 13.1 Non -Discrimination:
Lessee promises, and it is a condition to the continuance of this Lease, that there will be no
discrimination against, or segregation of, any person or group of persons on the basis of race,
color, age, sex, sexual orientation, mental or physical disability, religion, creed, national origin or
ancestry in the leasing, subleasing, transferring, occupancy, tenure or use of the Property or any
portion thereof, unless exempted by applicable state or federal legislation or judicial or quasi-
judicial decisions.
Section 13.2 Lessor's Liability; Certain Duties:
(a) As used in this Lease, the term "Lessor" means only the current owner or owners of the fee
title to the Property or Project or the leasehold estate under a ground lease of the Property or
Project at the time in question. Each Lessor is obligated to perform the obligations of Lessor
under this Lease only during the time such Lessor owns such interest or title. Any Lessor who
transfers its title or interest is relieved of all liability with respect to the obligations of Lessor
under this Lease to be performed on or after the date of transfer. However, each Lessor shall
deliver to its transferee all funds that Lessee previously paid if such funds have not yet been
applied under the terms of this Lease.
(b) Lessee shall give written notice of any failure by Lessor to perform any of its obligations
under this Lease to Lessor and to any ground Lessor, mortgagee or beneficiary under any deed of
trust encumbering the Property whose name and address have been furnished to Lessee in
writing. Lessor shall not be in default under this Lease unless Lessor (or such ground Lessor,
mortgagee or beneficiary) fails to cure such non-performance within thirty (30) days after receipt
of Lessee's notice. However, if such non-performance reasonably requires more than thirty (30)
days to cure, Lessor shall not be in default if such cure is commenced within such thirty (30) day
period and thereafter is diligently pursued to completion.
Pavilion Building Lease 26
Section 13.3 Severability:
A determination by a court of competent jurisdiction that any provision of this Lease or any part
thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision
of this Lease, which shall remain in full force and effect.
Section 13.4 Interpretation:
The captions of the Articles or Sections of this Lease are to assist the parties in reading this Lease
and are not a part of the terms or provisions of this Lease. Whenever required by the context of
this Lease, the singular shall include the plural and the plural shall include the singular. The
masculine, feminine and neuter genders shall each include the other. In any provision relating to
the conduct, acts or omissions of Lessee, the term "Lessee" shall include Lessee's officers,
agents, employees, contractors, invitees, successors or others using the Property with Lessee's
expressed or implied permission. In any provision relating to the conduct, acts or omissions of
Lessor, the term "Lessor" shall include Lessor's officers, agents, employees, contractors,
invitees, successors or others using the Property with Lessor's expressed or implied permission.
Section 13.5 Incorporation of Prior Agreements; Modifications:
This Lease is the only agreement between the parties pertaining to the lease of the Property and
no other agreements are effective. All amendments to this Lease shall be in writing and signed
by all parties. Any other attempted amendment shall be void.
Section 13.6 Notices:
All notices required or permitted under this Lease shall be in writing and shall be personally
delivered or sent by certified mail, return receipt requested, postage prepaid. Notices to Lessee
shall be delivered to the address specified in Section 1.3. Notices to Lessor shall be delivered to
the address specified in Section 1.2. All notices shall be effective upon delivery. Either party
may change its notice address upon written notice to the other party.
Section 13.7 Waivers:
All waivers must be in writing and signed by the waiving party. Lessor's failure to enforce any
provision of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Lessor
from enforcing that provision or any other provision of this Lease in the future. No statement on
a payment check from Lessee or in a letter accompanying a payment check shall be binding on
Lessor. Lessor may, with or without notice to Lessee, negotiate such check without being bound
to the conditions of such statement.
Section 13.8 No Recordation:
Lessee shall not record this Lease without prior written consent from Lessor. However, either
Lessor or Lessee may require that a "Short Form" memorandum of this Lease executed by both
parties be recorded. The party requiring such recording shall pay all transfer taxes and recording
fees required to accomplish recordation.
Pavilion Building Lease
27
Section 13.9 Bindinp, Effect; Choice of Law:
This Lease binds any party who legally acquires any rights or interest in this Lease from Lessor
or Lessee. However, Lessor shall have no obligation to Lessee's successor unless the rights or
interest of Lessee's successor are acquired in accordance with the terms of this Lease. The laws
of the State of Washington shall govern this Lease.
Section 13.10 Entity Authority:
If Lessee is an entity other than an individual or partnership, each person signing this Lease on
behalf of Lessee represents and warrants that he has full authority to do so and that his Lease
binds the entity. Within thirty (30) days after this Lease is signed, Lessee shall deliver to Lessor
a certified copy of a resolution of Lessee's Board of Directors or other governing body
authorizing the execution of this Lease or other evidence of such authority reasonably acceptable
to Lessor. If Lessee is a partnership, each person or entity signing this Lease for Lessee
represents and warrants that he or it is a general partner of the partnership, that he or it has full
authority to sign for the partnership and that this Lease binds the partnership and all general
partners of the partnership. Lessee shall give written notice to Lessor of any general partner's
withdrawal or addition. Within thirty (30) days after this Lease is signed, Lessee shall deliver to
Lessor a copy of Lessee's recorded statement of partnership or certificate of limited partnership.
Section 13.11 Joint and Several Liability:
All parties signing this Lease as Lessee shall be jointly and severally liable for all obligations of
Lessee.
Section 13.12 Force Ma_ieure:
If Lessor cannot perform any of its obligations due to events beyond Lessor's control, the time
provided for performing such obligations shall be extended by a period of time equal to the
duration of such events beyond Lessor's control. Such events include, but are not limited to, acts
of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of
labor or material, government regulation or restriction, volcanic eruption, and weather
conditions.
Section 13.13 Execution of Lease:
This Lease may be executed in counterparts and, when all counterpart documents are executed,
the counterparts shall constitute a single binding instrument. Lessor's delivery of this Lease to
Lessee shall not be deemed to be an offer to lease and shall not be binding upon either party until
executed and delivered by both parties.
Section 13.14 Survival:
All representations and warranties of Lessor and Lessee shall survive the expiration or early
termination of this Lease.
Pavilion Building Lease
28
ARTICLE 14. BROKERS
Nothing contained in this Lease shall impose any obligation on Lessor to pay a commission or
fee to any party. Lessee represents and warrants to Lessor that it has not engaged any broker,
finder or other person who would be entitled to any commission or fees for the negotiation,
execution, or delivery of this Lease. Lessee shall indemnify, defend, and hold harmless Lessor
against any loss, cost, liability or expense incurred by Lessor as a result of any claim asserted by
any such broker, finder or other person on the basis of any arrangements or agreements made or
alleged to have been made by or on behalf of Lessee. This Article shall not apply to brokers with
whom Lessor has an express written brokerage agreement.
ARTICLE 15. ACKNOWLEDGMENTS
Lessor and Lessee have signed this Lease on the dates specified adjacent to their signatures
below and have initialed all Exhibits and/or Riders which are attached to or incorporated by
reference into this Lease.
"LESSOR" "LESSEE"
City of Renton Spirit of Washington, Inc.
IC
Kathy Keolker-Wheeler, Mayor
Date:
Attest:
2005
By
Bonnie Walton, City Clerk
Eric Temple, President
Date:
2005
Pavilion Building Lease
Exhibit "A" — Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 2, 3, 16, 17 and 18, Block 2, Motor Line Addition to Renton, according to the plat thereof
recorded in Volume 9 of Plats, Page 150, Records of King County, Washington.
All situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in
the City of Renton, King County, Washington.
Pavilion Building Lease
Exhibit `B" — Project Site Plan
Pavilion Building Site Plan:
EXHIBIT `B"
PROJECT SITE PLAN
r------------------ ---
d
Pavilion Building Lease
Exhibit `B" - • Project Site Plan ii
Vicinity Map with the Pavilion Building and Common Exterior Areas (including the Piazza Park
on the south side of the Pavilion Building and the public parking lot, Renton Transit Center and
City Center Parking Garage on the north side of the Pavilion Building):
�° ra
City Center''
Parking Garage
a
y� q, t
fi p �p5 ',��
s +�
Renton
Transit Center
(Four Lessee parking spices.
Location tq be determinedxby Lessor)
Pavilion Building
Piazza, F
fi Park ( t!e"
k � t
S d St A_
Pavilion Building Lease
Exhibit `B" — Project Site Plan
Pavilion Building Square Footage Data:
Pavilion Building Lease
Exhibit "C" — Floor Load Rating Specifications
EXHIBIT "C"
FLOOR LOAD RATING SPECIFICATIONS
The stringerless load ratings in the following InterfaceAR TecCrete Panel specifications sheet
apply to the Pavilion Building floor.
Pavilion Building Lease
Exhibit "C" — Floor Load Rating Specifications
"I
InterfaceAR7 TecCreteTM Panel cat. No. CFPXCL13
a 0
Lightweight
High —strength CFPXCL13 Corner Lock Panel
Concrete Corner Section (Full Insert)
(Bare Finish)
0
0 - J
Shear Tab
(TYp,)
0 0
Top View
• O a o ro K3 Q •
O O O O O O
U O O O O O O U
24 0 0 O 0 O O O U Galvannizeize G
Gad
Steel
pO O Q O O Op eic:>m
0000� o O fl v 13 a e e
Bottom View Electrical
Continuity Corner Insert Enlarged Tyypical Bare
Contact Tec—Crete
Specifications: Corner Lock
Ligghtweight High —strength Concrete Configuration
24 Gua9e hot —dipped Galvanized Steel
Panel Size (Nominal): 24' x ;4" 1-1/8'
Finished Floor Height: 2-1/2 to 91'
Overall Pedestal Adjustment: 2' (FFH>6')
Tolerance: Nominal panel size t .015'; flatness do squareness within t0.015"
Tee -Crete performance ratings
• Rolling loads are expressed in pounds per coster, all other data is staled in maximum pounds of load and inches of deflection or permanent set.
Total System Weight - 11.5 lbs./sq. ft. (up to 23" FFH).
Key to performance ratings
InterfaceAR has tested its flooring system to "Recommended Test Procedures for Access Flooring• --Ceiling and Interior Systems Construction Association
(CISCA). Uniform and Impact tests have also been conducted. Stringers are edge supporting. Testing reflects weakest point, top surface deflection
in accordance with CISCA.
1.) Uniform load data is based on maximum deflection of 0.040'. Typical slabs under access floors have uniform load capacities less than the rating
of the lowest uniform load capacity of any C—TEC series floor.
2.) Rolling tests used in the CISCA test procedures are performed as follows: 10 posses with a 3" x 1-13/16" caster, 10,000 posses with a
6" x 1-1/2" caster. Worst —case permanent set (inches) is shown for each system.
3.) Impact tests are based on 36" drops onto a 1 inch square indenter without ultimate failure of the system.
Rolling I Impact 3 Concentrated Uniform ' Ultimate
Interface Architectural Resources Internet: www.interfacear.com
3700 32nd Street SE, Grand Rapids, MI 49512-1824 Telephone: 616-977-8600 Fax: 616-977-8617
4onufocturer reserves the right to change epedncatlons without notice
Dwa. 00. 001
PS
Stringerless
Stringer
Stringerless
Stringer
Stringeriess
Stringer
ingerless
Strsses
Stringer
Stringerless
Stringer
10 passes 0.000
10 passes
0,�
asses
PSI
PSI
Pavilion Building Lease
Exhibit "D"
Buy -Out Schedule
Projected Initial Capital and Start-up Expenses
June 21, 2005
Description
Price
Pack
Quantity Needed
Total
in dozens
in dozens
10 3/4 " Dinner Plates
$67.42
2
48
$1,618.08
9" Salad/Dessert Plates
$57.38
2
96
$2,754.24
6" B & B Plates
$36.07
2
48
$865.68
Salad/Dessert Forks
$24.30
3
96
$777.60
Dinner Forks
$30.14
3
48
$482.24
Tea Spoons
$14.58
1
48
$699.84
Dinner/Butter Knives
$41.30
1
48
$1,982.40
Steak Knives
$14.50
1
48
$696.00
Water Glasses
$79.84
3
96
$2,554.88
Wine Glasses
$79.84
3
96
$2,554.88
Champagne Flutes
$79.84
3
48
$1,277.44
Coffee Cups
$63.60
3
48
$1,017.60
Bread Baskets
$24.95
1
10
$249.50
Salt/Pepper Shakers
$14.12
2
20
$141.20
Sugar Caddy's
$78.47
2
10
$392.35
Table Lamps
$158.44
0.5
5
$1,584.40
Tax 8.8%
$1,729.05
Service Ware Items _ ._ „
Description
Price
Pack
Quantity Needed
Total
each
Glass Racks 36 Slots (wine/water)
$29.40
1
80
$2,352.00
Glass Racks 25 Slots (Coffee Cups)
$25.29
1
25
$632.25
Chafer Dishes (full size)
$115.96
1
8
$927.68
Chafer Dishes (1/2 size)
$78.96
1
3
$236.88
Coffee Percolators 55 Cup S.S.
$158.95
1
6
$953.70
Water Pitchers
$11.13
1
20
$222.60
Salad/Punch Bowls
$26.04
1
10
$260.40
Bar Wares (shaker, pour spouts, ect.)
$75
1
3
$225.00
Buffet Tongs
$3.73
1
40
$149.20
Buffet Spoons (slotted)
$5.59
1
15
$83.85
Buffet Spoons (solid)
$6.05
1
15
$90.75
Cake Server
$18.95
1
2
$37.90
Cake Knife
$19.85
1
2
$39.70
"Serving Trays and Platters"
11 3/4" S.S. Round
$18.20
1
8
$145.60
13 3/4" S.S. Round
$21.78
1
4
$87.12
15 3/4" S.S. Oval
$21.78
1
4
$87.12
26 3/4" S.S. Oval
$50.35
1
2
$100.70
15 3/4" S.S. Rectangular
$25.34
1
2
$50.68
19 1/2" S.S. Rectangular
$31.86
1
2
$63.72
Pepper Mills
$34.35
1
20
$687.00
Wicker Baskets
$20.00
1
8
$160.00
26" Bussing/Serving Trays
$23.60
1
20
$472.00
Tray Stands S.S.
$23.67
1
20
$473.40
Lexan Containers 18" x 25"
$21.50
1
9
$193.50
12" x 16" Service Trays
$13.95
1
30
$418.50
Tax 8.8%
$805.31
Service,Ware, Total
Kitchen Equipment Items b
Price
Pack
Quantity Needed
Total
each
Hot Boxes (pan holders)
$250.00
1
4
$
1,000.00
Portable Deep Fryer
$495.48
1
1
$
495.48
Portable Convection Oven
$785.00
1
1
$
785.00
Heat Lamps
$111.37
1
2
$
222.74
Butane Burners
$38.00
1
4
$
152.00
Ice Machine
$6,647.30
1
1
$
6,647.30
Hot Holding Cabinets
$1,619.78
1
2
$
3,239.56
Portable Bar
$1,057.62
1
2
$
2,115.24
Utility Cart
$90.44
1
3
$
271.32
Tax 8.8%
$1,313.72
Kifc)ieEquiprm'Iotai`
Price
Pack
Quantity Needed
Total
Ot er E w ment "
each
Chairs Stacking Vinyl
$ 22.00
1
655
$
14,410.00
Tables 60 inch round wood
$ 180.00
1
55
$
9,900.00
Tables 8 foot rectangles
$ 152.00
1
14
$
2,128.00
Tables 6 foot rectangles
$ 141.00
1
14
$
1,974.00
Table Racks
$ 140.00
1
6
$
840.00
Stacking Chair Movers
$ 129.00
1
3
$
387.00
Tax 8.8%
$2,608.23
� Otter,�Equiprren'fvtal�, �� 32d�4�23
Trade Shows: Brides Club
Tacoma Fall Wedding Expo
$1,000.00
Seattle Fall Wedding Expo
$1,000.00
Lynn/Everett Fall Wedding Expo
$1,000.00
Lynn/Everett Winter Wedding Expo
$1,000.00
Bellevue Winter Wedding Expo
$1,000.00
Tacoma Winter Wedding Expo
$1,000.00
Trade Shows: Banquet and Event Inc.
Fall Bridal Spectacular
$500.00
Northwest Event Show
$500.00
Trade Shows: Wedding
Seattle Winter Wedding Show
$1,600.00
Trade Shows: Chamber Business Expos
Renton
$500.00
Seattle
$1,000.00
Bellevue
$1,000.00
Kent
$500.00
Southwest Seattle
$500.00
Print Advertising
Wedding Expo Magazine
$1,200.00
Seattle Wedding Guide
$1,000.00
Seattle Event Guide
$750.00
Chamber News Letter Inserts
$2,000.00
Puget Sound Business Journal -Jan and Aug Issues
$2,000.00
Yellow Pages -Seattle, Tacoma, Eastside, Southside
$15,000.00
Seattle Visitor Bureau -Meeting Planning Guide
$3,600.00
Events Planning Resource
$2,500.00
Full Color Brochure
$10,000.00
Print Production -Creative and Other
$20,000.00
Brochure, Logo, Letterhead, 8x11 Quick Reference
Presentation Folders
Web Advertising
Seattle Wedding Guide Site
Seattle Event Guide Site
BridesClub.com
Brides Northwest .com
Website Development
Television
Brides Northwest Show-24 Spots
Radio
Office Supplies, Postage
OPENING GALA
e
Carpet
Window Coverings
Lounge Area with Bar and Coffee Station, Coat Check
Planters and Tall Trees with Movable Pots
$250.00
$250.00
$1,000.00
$3,000.00
$25,000.00
$4,000.00
$25,000.00
$5,000.00
$25,000.00
$
36,000.00
$
40,000.00
$
18,000.00
$
20,000.00
Table Top Total
$21,377.38
Service Ware Total
$9,956.56
Kitchen Equipment Total
$16,242.36
Other Equipment Total
$
32,247.23
Start -Up Advertising Total
$158,650.00
Tenant Improvement Total
$
114,000.00
Grand Total
$
352,473.54
Pavilion Building Lease
Exhibit "D"
Buy -Out Schedule
Projected Depreciation & Estimated Buy -Out Figures*
June 21,2005
Months 1 - 12 Months 13 - 24 Months 25 - 36 Months 37 - 48 Months 49 - 60 Months 61 -72 Months 73 - 84 Months 85 - 96 Months 97 - 108 Months 109 - 120
Non -Moveable Capital Costs
Carpet $ 36,000.00
Window Coverings $ 40,000.00
Sub -Total $ 76,000.00
Depreciation $ 4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00 $4,560.00
Residual Value $ 71,440.00 $66,880.00 $62,320.00 $57,760.00 $53,200.00 $48,640.00 $44,080.00 $39,520.00 $34,960.00 $30,400.00
Moveable Capital Costs
Table Top Items
$21,377.38
Service Ware Items
$9,956.56
Kitchen Equipment Items
$16,242.36
Other Equipment
$ 32,247.23
Lounge Area with Bar and Coffee Station, Coat Check
$ 18,000.00
Planters and Tall Trees with Movable Pots
$ 20,000.00
Sub -Total
$117,823.54
Depreciation $ 7,069.41
Residual Value
Up -front Marketing Costs
Start -Up Advertising
Depreciation
Residual Value
TOTAL
Depreciation
$158,650.00
$7,069.41 $7,069.41 $7,069.41 $7,069.41 $7,069.41 $7,069.41 $7,069.41 $7,069.41 $7,069.41
$110,754.12 $103,684,71 $96,615.30 $89,545.89 $82,476.47 $75,407.06 $68,337.65 $61,268.24 $54,198.83 $47,129.41
$22,664.29 $22,664.29 $22,664.29 $22,664.29 $22,664.29 $22,664.29 $22,664.29
$135,985.71 $113,321.43 $90,657.14 $67,992.86 $45,328.57 $22,664.29 $0.00
$ 352,473.54
$ 34,293.70 $ 34,293.70 $ 34,293.70 $ 34,293.70 $ 34,293.70 $ 34,293.70 $ 34,293.70 $ 11,629.41 $ 11,629.41 $ 11,629.41
Residual Value $318,179.84 $ 283,886.14 $ 249,592.44 $ 215,298.74 $ 181,005.05 $ 146,711.35 $ 112,417.65 $ 100,788.24 $ 89,158.83 $ 77,529.41
Buy -Out Amount for Lessor Terminating Lease for
Another Event Use as provided for in Subsection 1.6.3.* WA WA N/A $215,298.74 $181,005.05 $146,711.35 $112,417.65 $100,788.24 $89,158.83 N/A
*Note: The Depreciation values above reflect the total for each twelve (12)-month period and the Residual Values above reflect the total (after depreciation) at the end of each twelve (12)-month period.
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
EXHIBIT "E"
MAINTENANCE SCHEDULE
Lessee shall provide all equipment and cleaning supplies, including, but not limited to: paper
products (toilet paper, seat covers, sanitary napkins/tampons, paper towels), sani-fresh soap, air
fresheners, and light bulbs. Lessee shall submit samples of all materials and supplies to the City
for approval before use.
I. CUSTODIAL
General Building Specifications
A. Daily Services (if building occupied):
1. Empty waste receptacles and dispose of waste daily and recycling 1-2 times per week.
2. Replace liners.
3. Spot clean work surfaces for spillages and stains.
4. Arrange furniture in a neat and orderly manner.
5. Vacuum all carpeted areas and spot clean as needed.
6. Spot clean walls around light switches and doorframes.
7. Sweep and damp mop hard surface floors where applicable.
8. Clean entry area and entry area windows and doors.
B. Weekly Service
1. Dust window ledges and other horizontal surfaces within reach.
2. Dust and clean accessible surfaces. Use glass cleaner where applicable.
3. Change light bulbs as needed, (to be provided by contracted firm).
4. All telephones to be sanitized clean including public pay phone.
C. Monthly Services:
1. Vacuum heating and air return vents.
2. Detail vacuum corners and edges of carpeted areas.
3. Perform dusting of high and low ledges and surfaces.
4. Walls to be spot cleaned and dusted.
Restrooms Specifications
A. Daily Services (if building occupied or restrooms utilized)
1. Dust mop and sweep floor surface.
2. Damp mop floor surfaces with pH neutral disinfectant cleaner.
3. Empty and clean all waste containers, including sanitary napkin receptacles, and
replace liners.
4. Check and refill all dispensers; paper towels, toilet tissue, seat covers and hand soap.
(All paper products, hand soap and air fresheners furnished by Lessee.)
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
5. Clean and polish mirrors and dispensers.
6. Clean counters, washbasins and soap dispensers.
7. Clean and sanitize toilets, toilet seats and urinals.
8. Clean and polish chrome fixtures.
9. Clean walls around sinks, towel dispensers, urinals, partitions and doorframes.
10. Change light bulbs as needed.
11. Fill sanitary napkin/tampon dispensers.
B. Monthly Services
1. Wipe down walls not done daily.
2. Vacuum air vents.
3. Machine scrub floors.
4. Dust tops of partitions, mirrors and frames.
C. Annual Services (once per year)
1. Re -seal concrete floors, unless the floor is carpeted or the existing seal is deemed
adequate by Lessor.
Common Area Lobbies/Hallways Specifications
A. Daily Service (if building occupied)
1. Empty and reline waste receptacles (interior and exterior).
2. Spot clean entry door glass.
3. Sanitize and polish drinking fountain.
4. Vacuum carpeted areas in lobbies daily and spot clean as needed.
5. Police and dispose of litter and debris in entranceways.
6. Change light bulbs as needed, (to be supplied by Lessee).
B. Annual Service (once per year)
1. Extraction clean all carpeted areas.
2. Carpet -protector application to cleaned carpet.
3. Vinyl floors stripped and waxed.
II. MECHANICAL
See the following schedules.
11
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
rui
TAG #
EQUIPMENT TYPE
DESCRIPTION
PREVENTATIVE MAINTENANCE
SCHEDULE
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
P-01
Hot Water Pump
Heating Water Pump
OP
OP
P-02
Hot Water Pump
Heating Water Pump
OP
OP
P-03
Pump Circulation
Domestic Recirculation Pump
OP
OP
P-04
Chilled Water Pump
Chilled Water Pump
OP
OP
P-05
Condenser Water Pump
Condenser Water Pump
OP
OP
P-06
Pump
Preheat Coil Pump
OP
OP
P-07
Pump
Preheat Coil Pump
OP
OP
EXT-01
Expansion Tank
Bladder Expansion Tank
OP
OP
EXT-03
Expansion Tank
Bladder Expansion Tank
OP
OP
EXT-04
Expansion Tank
Bladder Expansion Tank
OP
OP
EXT-05
Expansion Tank
Bladder Expansion Tank
OP
OP
B-01
Boiler Gas Oil
Condensing Fire Tube Boiler
OP
AN
OP
OP
DHWT-01
Water Heater
Water Heater
OP
AN
OP
OP
HX-01
Heat Exchanger
Plate Heat Exchanger
AN
HX-02
Heat Exchanger
Plate Heat Exchanger
AN
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
iv
TAG #
EQUIPMENT TYPE
DESCRIPTION
PREVENTATIVE MAINTENANCE SCHEDULE
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
EF-01
Exhaust Fan
Exhaust Fan
OP
OP
OP
OP
EF-02
Exhaust Fan
Exhaust Fan
OP
OP
OP
OP
EF-03
Exhaust Fan
Exhaust Fan
OP
OP
OP
OP
EF-04
Exhaust Fan
Exhaust Fan
OP
OP
OP
OP
EF-05
Exhaust Fan
Exhaust Fan
OP
OP
OP
OP
UH-01
Heater
Unit Heater
OP
OP
UH-02
Heater
Unit Heater
OP
OP
UH-03
Heater
Unit Heater
OP
OP
UH-04
Heater
Unit Heater
OP
OP
UH-05
Heater
Unit Heater
OP
OP
UH-06
Heater
Unit Heater
OP
OP
UH-07
Heater
Unit Heater
OP
OP
UH-08
Heater
Unit Heater
OP
OP
EH-01
Heater
Unit Heater
OP
OP
BB-01
Heater
Unit Heater
OP
OP
PRC-01
Heating Coil
Heating Coil
OP
OP
PRC-02
Heating Coil
Heating Coil
OP
OP
CH-01
Chiller
Chiller
AN
OP
OP
OP
CT-01
Cooling Tower
Cooling Tower
AN
TOP
OP
OP
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
TAG #
EQUIPMENT TYPE
DESCRIPTION
PREVENTATIVE MAINTENANCE SCHEDULE
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP I
OCT
NOV
DEC
FB-01
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-02
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-03
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-04
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-05
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-06
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-07
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-08
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
FB-09
VAV Box
VAV Box Fan Powered
OP
OP
OP
OP
AHU-01
Air Handler
Air Handling Unit
OP
OP
OP
OP
AHU-02
Air Handler
Air Handling Unit
OP
OP
OP
OP
SF-01-1
Supply Fan
Supply Fan
OP
OP
OP
OP
RF-01-1
Return Fan
Return Fan
OP
OP
OP
OP
SF-02-1
Supply Fan
Supply Fan
OP
OP
OP
OP
RF-02-1
Return Fan
Return Fan
OP
OP
OP
OP
ST-01
Strainer
0
AN
VFD-01
Variable Frequency Drive
Variable Frequency Drive
OP
OP
OP
OP
VFD-02
Variable Frequency Drive
Variable Frequency Drive
OP
OP
OP
OP
Pavilion Building Lease
Exhibit "E" — Maintenance Schedule
Preventative Maintenance Schedule - Key to Abbreviations
MJ
Major Inspection
MI
Minor Inspection
AN
Annual Inspection
OP
Operational Inspection
FC
Filter Change Only
CC
Coil Cleaning
BRG
Bearing Analysis
VIB
Vibration Analysis
MCA
Motor Circuit Analysis
US
Ultrasonic Survey
REF
Refrigerant Analysis
OC
Oil Change
OIL
Oil Analysis
LS
Laser Shaft Alignment
LP
Laser Pulley Alignment
EDD
Eddy Current Analysis
BC
Belt Change
vi
Idmg
r',Scroll WA,teiCooled
v Mairtennc�Tsk List*
a°{
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Inspection
■ Verify operation
■ Document performance & deficiencies
Performance
■ Record runtime and start counts
■ Check and record evaporator pressure
■ Check and record evaporator water temps.
■ Check and record chilled water temps.
■ Check refrigerant charge
■ Check and record superheat/subcooling
■ Check and record condenser pressure
■ Check and record condenser temperatures
■ Check dry eye and record color
Condition Monitoring
■ Check for improper vibration
Safeties
■ Check pressure switches for leaks
■ Check pressure relief valves
Electrical
■ Check for loose or burnt wiring
■ Check all contacts for wear or pitting
■ Check starter contacts
■ Check all electrical connections
■ Check amperages and voltages
Controls
■ Check all terminations in control panel
■ Exercise controls where possible
■ Check cabinets for debris
Drive Motors
■ Check all hold down bolts
■ Check motor fan
■ Check and record SPM
■ Check end bells for dirt or debris
Drive Components
■ Check sheaves for wear and alignment
■ Check long coupling alignment
■ Lube coupling as needed
■ Check coupling for looseness or wear
■ Check drive belt for wear
Evaporator
■ Check for leaks
■ Record pressures/temperatures
■ Check expansion valve
Compressor
■ Check and record oil pressure
■ Check and record oil level
■ Check for leaks
■ Check starter/contactor for wear and
pitting
■ Check amperage for wear and pitting
■ Check crankcase heater operation
■ Inspect siteglass for leaks
Lubrication
■ Lube motor bearings as required
■ Lube solid coupling as required
Housekeeping
■ Wipe off excess lubricants
■ Clean up work area
Optional Tasks
■ Calibrate system pressure gauges
■ Calibrate system electrical gauges
■ Open and inspect evaporative tubes
■ Eddy current tubes
■ Check internal interlocks
■ Open and inspect condenser tubes
■ Brush condenser tubes
* Not all tasks are applicable to all equipment
PavMon 9QdingLease'
xfizb�t "F3 - Maintenance Schedule - .
Chi
PreveAl
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Inspection
■ Verify operation
■ Document performance & deficiencies
Performance
■ Record runtime and start counts
■ Check and record oil temperature
■ Check and record oil pressure
■ Check and record evaporator pressure
■ Check and record evaporator water temps.
■ Check and record condenser pressure
■ Check and record condenser temperatures
■ Check dry eye and record color
■ Check and record chilled water temps.
■ Check refrigerant charge
■ Check and record superheat/subcooling
Condition Monitoring
■ Check for improper vibration
Safeties
■ Check and test all safety controls
■ Check pressure switches for leaks
■ Check pressure relief valves
Electrical
■ Check for loose or burnt wiring
■ Check all contacts for wear or pitting
■ Check starter contacts
■ Check and torque all electrical connections
■ Check and calibrate over loads
■ Record overload trip amps and trip times
■ Check amperages
Drive Components
■ Check sheaves for wear and alignment
■ Lube coupling as needed
■ Check long coupling alignment
■ Check coupling for looseness or wear
■ Check drive belts for wear
Evaporator
■ Check liquid line filter/dryer
■ Check for leaks
■ Check expansion valve
■ Check cleanliness
■ Record pressures/temperatures
Compressor
■ Check and record oil pressure
■ Check and record oil level
■ Change oil filter
■ Inspect oil filter
■ Clean oil return line strainer
■ Check for leaks
■ Check starter/contactor for wear and
pitting
■ Check and record volts/amps
■ Check crankcase heater operation
■ Inspect siteglass for leaks
■ Megger compressor motor and record
Lubrication
■ Take oil sample for analysis
■ Lube motor bearings
■ Check and record oil pump volts/amps
■ Megger oil pumps and record
Housekeeping
■ Wipe off excess lubricants
■ Clean up work area
Controls
■ Check all termination in control panels
■ Exercise controls
■ Check cabinets for debris
Optional Tasks
■ Calibrate system pressure gauges
■ Calibrate system electrical gauges
■ Clean coils
■ Check internal interlocks
■ Open and inspect evaporator tubes
■ Change oil based on analysis
■ Open and inspect condenser tubes
■ Brush condenser tubes
* Not all tasks are applicable to all equipment
Site Visit Baseline
■ Check -in with site contact person.
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Inspection
■ Verify operation of unit
■ Note any abnormal vibration or noise
Safeties
■ Check for loose or burn wiring
Controls
■ Check all terminations in control panel
Drive Motor
■ Check for dirt & debris around end bell
■ Check motor cooling fan
■ Check motor mounting fasteners
■ Check bearings for wear and end play
■ Check motor mounting bracket
Drive Components
■ Check sheaves for wear
Fan
■ Check for correct fan rotation during wind
down
■ Check fan for obstructions or debris
■ Check fan blades for cracks
■ Check fan blades for dirt build-up
■ Check fan to housing clearances
■ Check rain guard
Lubrication
■ Lubricate motor and fan bearing
General Maintenance
0 Check for corrosion
Housekeeping
■ Wipe off any excess lubricant
■ Clean up work area
*Not all tasks are applicable to all equipment
Pavilion Building Lease
,Exhibit`"E —Maintenance &chedulc
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Inspection
■ Verify operation of unit
■ Note any abnormal vibration or noise
Performance
■ Check & record motor amps
■ Check fan speed
Safeties
■ Check for loose or burn wiring
■ Check all trip points
Electrical
■ Check electrical contacts for wear or
pitting
■ Check and tighten electrical connections
Controls
■ Check all terminations in control panels
■ Exercise controls
Drive Motor
■ Check for dirt & debris around end bell
■ Check motor cooling fan
■ Check motor mounting fasteners
■ Check bearings for wear and end play
■ Check motor mounting bracket
Drive Components
■ Check sheaves for wear
■ Check sheave set screws
■ Check drive belts for wear & cracking
■ Check sheave alignment
■ Check belt guard alignment
■ Check bearing for wear and end play
Fan
■ Check for correct fan rotation during wind
down
■ Check fan for obstructions or debris
■ Check fan blades for cracks
■ Check fan blades for dirt build-up
■ Check fan to housing clearances
■ Check & tighten bearing collar set screws
■ Check rain guard
Lubrication
■ Lubricate motor and fan bearings
General Maintenance
■ Check for corrosion
Housekeeping
■ Wipe off any excess lubricants
■ Clean up work area
*Not all tasks are applicable to all equipment
Pa�honBuildin�;iease
Exlixbrt "l✓„ Mai�tenc S,chednle, ''
_1
.Boiler Gas/Oil
k Annual=Inspection
r�r Preentativ+�l'aintnance Task List*
s
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Overview
■ Verify overall operation
■ Check water level devices
■ Check boiler pressure
■ Check pressure relief valve
■ Inspect sacrificial anode
■ Perform blowdown
Electrical
■ Check operating voltage
■ Check contactors
■ Check M Temp/M Pressure cutout
■ Check function of step controller
■ Check fuses and their blocks
■ Check wiring
■ Tighten connections
■ Take amperage readings
Plumbing
■ Visually inspect for water leaks
■ Visually inspect valves
■ Clean feedwater strainers
■ Check sightglasses
Gas
■ Check for gas leaks
■ Check flame quality and orifices
■ Check ignition operation
■ Check for soot
■ Assure fuel shutoff
■ Check gas pressure regulator
■ Check induced draft operation
■ Clean combustion chamber
■ Check blower static pressure
*Not all tasks are applicable to all equipment
I'avlign Building Lease
1?�tkubxt""�" ...Mairitenance`Schedule
r F <
�'" ` '
Gas/Oii
Boiler;
'Op erationalInspect�on`
Preventat. ve`Mairitenat�eTass
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Overview
■ Verify overall operation
■ Check water level devices
■ Check boiler pressure
■ Check pressure relief valve
■ Inspect sacrificial anode
■ Perform blowdown
Electrical
■ Check operating voltage
■ Check contactors
■ Check M Templf i Pressure cutout
■ Check function of step controller
■ Check fuses and their blocks
■ Check wiring
■ Tighten connections
■ Take amperage readings
Plumbing
■ Visually inspect for water leaks
■ Visually inspect valves
■ Clean feedwater strainers
■ Check sightglasses
Gas
■ Check for gas leaks
■ Check flame quality and orifices
■ Check ignition operation
■ Check for soot
■ Assure fuel shutoff
■ Check gas pressure regulator
■ Check induced draft operation
■ Check blower static pressure
*Not all tasks are applicable to all equipment
Payilion RWdhag I ease ;
Exhibit ")':' ,Maintenance Schedule ,>
Operational Inspection
■ Verify overall operation
Performance
■ Drain several gallons from tank to remove
sediment
■ Check water temperature
Safeties
■ Check for loose or burn wiring
■ Check trip all trip points
Electrical
■ Check electrical contacts for wear &
pitting
■ Check and tighten electrical connections
Burner
■ Check ignition system
■ Check burners
■ Check flame quality
■ Check for CO traces
■ Check flu
"
eater Gas
Thermostat
■ Check operation with amp meter
Pressure Relief Valve
■ Check valve operation
■ Check for leaks
■ Check for corrosion
General Maintenance
■ Check for water leaks
■ Check for corrosion
Operational Tasks
■ Check sacrificial anode
■ Check pressure relief valve
*Not all tasks are applicable to all equipment
Pavilion BuildingL,eAe
��hibit"L?' Main_ tenanC� Shei��e - :;
Water. Heaters Gas
Operational �ospection
r F,; K .`Preventative Maintenance Task List
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Inspection
■ Verify overall operation
Performance
■ Drain several gallons from tank to remove
sediment
■ Check water temperature
Safeties
■ Check for loose or burn wiring
■ Check trip all trip points
Electrical
■ Check electrical contacts for wear &
pitting
■ Check and tighten electrical connections
Burner
■ Check ignition system
■ Check burners
■ Check flame quality
■ Check for CO traces
■ Check flu
Thermostat
■ Check operation with amp meter
Pressure Relief Valve
■ Check valve operation
■ Check for leaks
■ Check for corrosion
General Maintenance
■ Check for water leaks
■ Check for corrosion
Operational Tasks
■ Check sacrificial anode
■ Check pressure relief valve
*Not all tasks are applicable to all equipment
Pa
vilion Building Lease.
E4hil* ``E Maintcnance.S
z
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment & lock out
■ Document work done during inspection
■ Check out with site contact
Operational Overview
■ Note current outside air temp and weather
conditions
■ Verify overall operation
■ Note any abnormal vibration or noise
Indoor Coils
■ Note cleanliness of coil
• Check for refrigerant leaks
■ Check for condensate pan and drain
■ Check for water leaks
Controls
■ Check all terminations in control panel
Economizer Section
■ Check for dirt accumulation
Return Fan Section
■ Inspect bearings for excessive wear and
end play
■ Number and size of belts
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
Supply Fan Section
■ Inspect bearings for excessive wear and
end play
■ Number and size of belts
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
XV1
Exhaust Fan Section
■ Inspect bearings for excessive wear and
end play
■ Number and size of belts
■ Inspect Fan blade
■ Verify proper operating of fans
■ Lubricate fan and motor
Filter Section
■ Note filter condition
■ Change filters per schedule
■ Note condition of outside air filters/screens
*Not all tasks are applicable to all equipment
Pavil}on �tildl� Lease
Ext iliit " 'r 1VIa0,tenance Scheiiule =
Site Visit Baseline
■ Check -in with site contact person
■ Check for safe equipment access
■ Isolate equipment and lock out
■ Document work done during inspection
■ Check out with site contact
Operational Overview
■ Note current outside air temp and weather
conditions
■ Verify overall operation
■ Check/Record supply air temperature
■ Check/Record return air temperature
■ Check/Record system static pressure
■ Note any abnormal vibration or noise
Indoor Coils
■ Note cleanliness of coil
■ Record deltaP across coil
■ Record detlaT across coils
■ Check for refrigerant leaks
■ Check for condensate pan and drain
■ Check for water leaks
Controls
■ Check all terminations in control panel
■ Exercise controls
■ Check VFD/IGV
■ Check safeties and trip points
■ Check ambient controls
Economizer Section
■ Check for dirt accumulation
■ Check for damper actuator and linkage
operation
■ Check and adjust minimum position
■ Check operation of pressure relief dampers
dlejr with Coils
� )iinspection.
�iitenarice Task List`
Return Fan Section
■ Inspect bearings for excessive wear and
end play
■ Adjust pulleys and belts
■ Number and size of belts
■ Record operating volts
■ Record operating amps
■ Inspect fan blades
■ Verify proper operation of fans
■ Lubricate fan and motor
Supply Fan Section
■ Inspect bearings for excessive wear and
end play
■ Adjust pulleys and belts
■ Number and size of belts
■ Record operating volts
■ Record operating amps
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
Exhaust Fan Section
■ Inspect bearings for excessive wear and
end play
■ Adjust pulleys and belts
■ Number and size of belts
■ Record operating volts
■ Record operating amps
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
Filter Section
■ Note filter condition
■ Change filters per schedule
■ Note condition of outside air filters/screens
*Not all tasks are applicable to all equipment
Pavlhon BUllding Lease ' s �x *
Exhibit "E" 1Vlaintenauce Schedule ,: t xviii,
Fanaust DomQ
,, or nspec ion",,°t
• !` i,.. ,�+�;
a
Preye , e �ir fgnance Tas as .
Site Visit Baseline Fan
■ Check -in with site contact person .
■ Check for safe equipment access
■ Isolate equipment and lock out .
■ Document work done during inspection .
■ Check out with site contact .
Operational Inspection
■ Verify operation of unit
■ Note any abnormal vibration or noise
Performance
■ Check and record motor amps
■ Check fan speed
Safeties
■ Check for loose or burnt wiring
■ Check all trip points
Electrical
■ Check electrical contacts for wear and
pitting
■ Check and tighten electrical connections
Controls
■ Check all terminations in control panels
■ Exercise controls
Drive Motor
■ Check for dirt and debris around end bell
■ Check motor cooling fan
■ Check motor mounting fasteners
■ Check bearings for wear and end play
■ Check motor mounting brackets
Drive Components
■ Check sheaves for wear
■ Check sheaves set screws
■ Check drive belts for wear and cracking
■ Check sheave alignment
■ Check belt guard alignment
■ Check bearings for wear and end play
■ Inspect bearings for excessive wear and
end play
Check for correct fan rotation during wind
down
Check fan for obstructions or debris
Check fan blades for cracks
Check fan blades for dirt build-up
Check fan to housing clearance
Check and tighten bearing collar set screw
Check rain guard
Lubrication
■ Lubricate motor and fan bearing
General Maintenance
■ Check for corrosion
Housekeeping
■ Wipe off any excess lubricants
■ Clean work area
*Not all tasks are applicable to all equipment
w
Six -Month Inspection and Preventative Maintenance
* Roll Up Doors
Annual Inspection and Preventative Maintenance
* Storefront and standard access doors, hardware and locking mechanisms
* Roof system
Annual Inspection
* Backflow prevention value
XIX
FINANCE COMMITTEE
COMMITTEE REPORT
June 27, 2005
f71-77"'JUED BY
Date 6-A7 aoos
Group Health Cooperative Medical Coverage Agreement Annual Review
(Referred June 13, 2005)
The Finance Committee recommends concurrence in the staff recommendation to
approve the annual renewal of the Group Health Cooperative medical coverage
agreements as follows: LEOFF 1 (Law Enforcement Officers and Fire Fighters 1)
Employees (Contract No. 0390400); LEOFF 1 Retirees (Contract Nos. 0057500 and
4057500); and all other City of Renton covered employees (Contract No. 1162600).
Funding was previously approved by Council in the 2005 Budget. The revisions are
applicable to all four of the renewal contracts. As in prior years, Group Health does not
send confirming contracts for signature until mid year.
The Committee further recommends that the Mayor and City Clerk be authorized to
execute the contracts.
7
'A
Don Persson, Chair
Toni Nelson, Vice Chair
lam'
Denis Law, Member
cc: Michael Webby
Terri Shuhart
FINANCE COMMITTEE REPORT
June 27, 2005
Date 4 47 Z005-.
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment on June 27, 2005, claim vouchers 238477-238901 and
2 wire transfers, totaling $1,973,672.06 , and 582 direct deposits, payroll vouchers 57758-
58108, and 1 wire transfer, totaling $1,914,771.09 .
Don Persson, Chair
62
Toni Nelson, Vice -Chair
Denis Law, Member
TRANSPORTATION/AVIATION COMMITTEE
COMMITTEE REPORT
June 27, 2005
Airport Development Study, Briefing and Acceptance
(Referred April 11, 2005)
a 6"LU UL
Date 647 �006-
The Transportation/Aviation Committee recommends concurrence in the staff
recommendation to approve the Renton Municipal Airport Development Study with a
modification to Policy Recommendation number four from "Permit scheduled seaplane
operations from the City of Renton" to "Accept proposals from scheduled seaplane
operators".
The Committee further recommends authorizing staff to further explore implementation of the
recommendations listed therein.
arcie P , Chair
Don Persson, Vice -Chair
andy Corman, Member
cc: Connie Brundage, Transportation Secretary
Susan Campbell-Hehr, Airport Secretary
Kathie Nye, Airport Secretary
PLANNING AND DEVELOPMENT COMMITTEE
COMMITTEE REPORT
June 27, 2005
rfyy. r�
XCiL
1
Date �-027.o200S '±
Multi -Family Housing Property Tax Exemption Program — Designated Residential
Targeted Areas Modification and Text Amendments
(Referred June 13, 2005)
The Planning and Development Committee recommends concurrence in staff s
recommendation that Council:
1) Approve the modification to the Urban Center North District 1 (UC-N 1) designated
residential targeted area to add the Commercial Office Residential 3 (COR 3) zone;
and
2) Adopt an ordinance to modify the Urban Center North District 1 (UC-N l) designated
residential targeted area to add the Commercial Office Residential 3 (COR 3) zone and
to make minor text amendments to improve the clarity and intent of the project
elibility requirements in Section 4-1-220D.
The Committee further recommends that the ordinance regarding this matter be presented for
first reading.
Dan Clawson, Chair
D__e�W"
- �
Denis W. Law, Vice Chair
1&a�t ya&ZA'
Marcie Palmer, Member
cc: 4ftrtevfRrm
Alex Pietsch
Michael Wilson
Gregg Zimmerman
Neil Watts
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-1-220, PROPERTY TAX EXEMPTION FOR
MULTI -FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS, OF
CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON- BY MODIFYING THE DESIGNATED
RESIDENTIAL TARGETED AREAS AND OTHER PROJECT
ELIGIBILITY REQUIItEMENTS.
WHEREAS, in 1995, the Washington State Legislature adopted Chapter 84.14 RCW, to
encourage increased residential opportunities in cities required to plan under the Growth
Management Act, by providing for special property tax valuations for eligible multi -family
housing in targeted urban areas; and
WHEREAS, Chapter 84.14 RCW, as amended, further authorized cities with a
population of at least thirty thousand (30,000) to adopt procedures to implement the special
property tax valuations; and
WHEREAS, on December 15, 2003, the Renton City Council held a public hearing to
receive public comments regarding proposed designated "residential targeted areas" in the
Center Downtown, Urban Center North and Center Village Comprehensive Plan designations for
the purpose of allowing a limited property tax exemption for qualifying multi -family housing,
pursuant to RCW 84.14.040(2); and
WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No.
5061 (codified in RMC 4-1-220) to establish a property tax exemption incentive to encourage
multi -family housing development in designated residential targeted areas; and
ORDINANCE NO.
WHEREAS, the City desires to modify the Urban Center North District 1 designated
"residential targeted area" to help stimulate new construction of multi -family housing in the
adjacent Commercial Office Residential 3 zone, thereby reducing development pressures on
single-family residential neighborhoods and increasing housing opportunities; and
WHEREAS, on June 27, 2005, the Renton City Council held a public hearing to receive
public comments regarding the proposed modification to the Urban Center North District 1
designated "residential targeted area" to add the adjacent Commercial Office Residential 3 zone;
and
WHEREAS, the Renton City Council desires to modify the project eligibility
requirements to improve clarity and intent;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASFUNGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-1-220.D, Project Eligibility, of Chapter 1,
Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to
read as follows:
D. PROJECT ELIGIBILITY:
To qualify for exemption from property taxation under this Section, the project
must satisfy all of the following requirements:
Location: The property must be located in one of the designated
"residential targeted areas" listed below in D. I.a, D. Lb or D. l.c of this Section. If a part
of any legal lot is within a residential targeted area, then the entire lot shall be deemed to
lie within the residential targeted area.
2
ORDINANCE NO.
a. Highlands: Within the Center Village Comprehensive Plan
designation and in one of the following: the Center Village (CV) zone, the Residential
Multi -Family (RM-F) zone, or the Residential 10 dwelling units/acre (R-10) zone; or
b. Downtown: In the Center Downtown (CD) zone, Residential
Multi -Family Urban Center (RM-U) zone, or Residential Multi -Family Traditional (RM-
T) zone; or
C. South Lake Washington: In the Urban Center North District 1
(UC-NI) zone or Commercial Office Residential (COR 3) zone.
2. Size and Structure:
a. If the project is located in the Residential Multi -Family Urban
Center (RM-U) zone or Residential Multi -Family Traditional (RM-T) zone or within the
Center Village Comprehensive Plan designation and in either the Residential Multi -
Family (RM-F) zone or the Residential 10 dwelling units/acre (R-10) zone, the project
must (i) consist of a minimum total of ten (10) new dwelling units of multi -family
housing, and (ii) be located within a new residential structure(s) or a new mixed -use
development as allowed by the RMC for the specific zone. At least fifty (50) percent of
the space within the project shall be intended for permanent residential occupancy.
b. If the project is located in the Center Downtown (CD) zone, Urban
Center North District 1 (UC-NI) zone, or Commercial Office Residential 3 (COR 3)
zone, or within the Center Village Comprehensive Plan designation and in the Center
Village (CV) zone, the project must (i) consist of a minimum total of thirty (30) new
dwelling units of multi -family housing and (ii) be located in a new mixed -use
development, unless otherwise waived by the Administrator. If the Administrator waives
3
ORDINANCE NO.
the mixed -use development requirement, the multi -family housing must be located in a
new residential structure(s). At least fifty (50) percent of the space within the project
shall be intended for permanent residential occupancy.
Special Design Regulations for Projects Located in the Center Village
Comprehensive Plan Designation or the Commercial Office Residential 3 (COR 3) Zone:
a. If the project is located in the Center Village (CV) zone or
Residential Multi -Family (RM-F) zone within the Center Village Comprehensive Plan
designation or in the Commercial Office Residential 3 (COR 3) zone, the project must
also comply with the design standards and guidelines in RMC 4-3-100 for District `C',
even though the project is not located in the Urban Center North Comprehensive Plan
designation, unless otherwise waived by the Administrator.
b. If the project is located in the Residential 10 dwelling units/acre
(R-10) zone within the Center Village Comprehensive Plan designation, the project must
also comply with the design standards and guidelines in RMC 4-3-100 for District `B',
even though the project is not located in the Residential Multi -Family Traditional (RM-T)
zone, unless otherwise waived by the Administrator. If the project is located in the Center
Village Residential Bonus District described in RMC 4-3-095, the project must also
comply with the provisions therein.
4. Exception for Existing Residential Structure: In the case of an existing
occupied residential structure that is proposed for demolition and redevelopment as new
multi -family housing, the project must provide as a minimum number of dwelling units in
the new multi -family housing project, the greater of
1i
ORDINANCE NO.
a. Replace the existing number of dwelling units and, unless the
existing residential rental structure was vacant for twelve (12) months or more prior to
demolition, provide for a minimum of four (4) additional dwelling units in the new multi-
family housing project; or
b. Provide the number of dwelling units otherwise required in RMC
4-1-220D2
5. Completion Deadline: The project must be completed within three (3)
years from the date of approval of the contract by the City Council as provided in RMC
4-1-220.F.2 or by any extended deadline granted by the Administrator as provided in
RMC 4-1-220.I.
SECTION H. This ordinance shall be effective upon its passage, approval, and
five (5) days after its publication.
PASSED BY THE CITY COUNCIL this day of , 2005.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD: 1194:6/7/05:ma
Kathy Keolker-Wheeler, Mayor
2005.
5
i v
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON" BY ADDING CHAPTER 6-27, RACE
ATTENDANCE, THAT PROHIBITS RACE ATTENDANCE WITHIN A
"NO RACING ZONE" AND IMPOSES CRIMINAL PENALTIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION I. A new Chapter 27, Race Attendance, of Title VI (Police
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby added, to read as follows:
Chapter 6-27
RACE ATTENDANCE
SECTION:
6-27-010 Definitions.
6-27-020 SOAR Orders.
6-27-030 Designated "No Racing Zones."
6-27-040 Unlawful Race Attendance Prohibited.
6-27-050 Issuance of SOAR Orders.
6-27-060 Violation of SOAR Orders.
6-27-070 Severability
6-27-0I0 DEFINITIONS:
1
ORDINANCE NO.
Unless the context clearly requires otherwise, the definitions in RMC Chapter 6-27 shall
apply throughout this chapter.
1. "Public place" means an area, whether publicly or privately owned, generally
open to the public and includes, without limitation, the doorways and entrances to buildings or
dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks,
driveways, and parking lots.
2. "SOAR" is an abbreviation for "Stay Out of Areas of Racing."
3. "Unlawful race event" means an event wherein persons willfully compare or
contest relative speeds by operation of one or more motor vehicles.
6-27-020 SOAR ORDERS:
A SOAR order prohibits persons from engaging in racing or unlawful race attendance
within a "No Racing Zone," as set forth herein, between the hours of 10:00 PM and 5:OOAM.
6-27-030 DESIGNATED "NO RACING ZONES":
A. The areas designated herein are "No Racing Zones," between the hours of 10:00
PM and 5:00 AM:
1. Oakesdale Avenue SW, 1600 block to 4200 block
2. Lind Avenue SW, 700 block to 4200 block
3. East Valley Road, 1600 block to 4200 block
4. Thomas Avenue SW, 700 block to 1000 block
5. Houser Way N., 800 block to 1200 block
6. Maple Valley Highway, 1700 block to 5600 block
7. Powell Avenue SW, 700 block to 1000 block
0
ORDINANCE NO.
B. These "No Racing Zones" include the locations listed in RMC 6-27-030.A,
together with adjoining property areas (such as sidewalks, entryways, landscaped areas, and
parking areas), if those adjoining areas are being used for racing or unlawful race attendance
regardless of whether such property is a public place or is private property. These "No Racing
Zones" shall be designated by the placement of clear and conspicuous signs at all highway
entrances to the No Racing zone. At a minimum, these signs must include the following
statements: "No Racing Zone"; "Race Attendance Prohibited"; and "RMC 6-27-040."
6-27-040 UNLAWFUL RACE ATTENDANCE PROHIBITED:
A. It is unlawful for any person to enter or remain in a designated "No Racing Zone"
between the hours of 10:00 PM and 5:00 AM if
1) (S)he knows or should know that an unlawful race event is occurring, has
occurred, or is about to occur; and
2) (S)he intends to observe, support, or encourage the unlawful race event.
B. A violation of this Section is a misdemeanor.
6-27-050 ISSUANCE OF SOAR ORDERS:
A. The Municipal Court may issue a SOAR order to any person charged with racing,
unlawful race attendance, reckless driving associated with race activity, or trespass associated
with race activity as a condition of pre-trial release, sentence, or deferred sentence.
B. A person is deemed to have notice of the SOAR order when:
The signature of either the person named in the order or that of his or her
attorney is affixed to the bottom of the order, which signature shall signify the person named in
the order has read the order and has knowledge of the contents of the order; or
ORDINANCE NO.
2. The order recites that the person named in the order, or his or her attorney,
has appeared in person before the court at the time of issuance of the order.
C. The SOAR order shall contain:
1. This warning: "Violation of this order is a criminal offense under RMC 6-
27-060 and will subject the violator to arrest."
2. This condition: "The person named herein shall not be present in a "No
Racing Zone" between the hours of 10:00 pm and 5:00 am"; and
3. Any other condition the court determines should be imposed as a
condition of pretrial release or condition of sentence, of the person named in the order.
6-27-060 VIOLATION OF SOAR ORDERS:
A. It is unlawful for any person who is the subject of a SOAR order and who has
notice of the SOAR order to:
1. Violate a condition of the SOAR order; or
2. Fail to comply with any requirement or restriction imposed by the Court.
B. In the event a police officer has probable cause to believe that a person has been
issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in
the officer's presence, the person is seen violating or failing to comply with any requirement or
restrictions imposed upon that person by the court, the officer may arrest the violator without
warrant for violation of the SOAR order and shall bring that person before the court that issued
the order.
C. A violation of Section 6-27-060.A is a gross misdemeanor and shall be punishable
by a fine not to exceed $5,000 or imprisonment not to exceed more than one year, or both.
6-27-070 SEVERABIL.ITY:
ld
ORDINANCE NO.
If any provision of this Chapter or the application thereof to any person or circumstances
is held invalid, the remainder of this Chapter and the application of such provisions to other
persons or circumstances shall not be affected thereby.
SECTION H. This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this day of , 2005.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 2005.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD. 1190:5/19/05:ma
Kathy Keolker-Wheeler, Mayor
Gi
J
CITY OF RENTON, WASH NGTON
ORDINANCE NO. 51'V Il
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON
(WEDGEWOOD LANE ANNEXATION; FILE NO. A-04-005)
WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing
requesting that certain territory contiguous to the City of Renton, as described below, be annexed
to the City of Renton, was presented and filed with the City Clerk on or about January 19, 2005;
and
WHEREAS, prior to the filing and circulation of said petition for annexation to the City
of Renton, the petitioning owners notified the City Council of their intention to commence such
proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon
public hearing thereon, it having been determined and the petitioning owners having agreed to
assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it
pertains to the territory petitioned to be annexed; and to accept that portion of the City's
Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating
thereto; and
WHEREAS, the King County Department of Assessments has examined and verified on
or about February 4, 2005 the signatures on the petition for annexation and determined
signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the
area to be annexed, as provided by law; and
1
ORDINANCE NO.
WHEREAS, the Economic Development, Neighborhoods and Strategic Planning
Department of the City of Renton having considered and recommended the annexing of said
property to the City of Renton; and
WHEREAS, the City Council fixed March 14, 2005, as the time and place for public
hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and
notice thereof having been given as provided by law; and
WHEREAS, pursuant to said notices, public hearings have been held at the time and
place specified in the notices, and the Council having considered all matters in connection with
the petition and further determined that all legal requirements and procedures of the law
applicable to the petition method for annexation have been met; and
WHEREAS, the King County Boundary Review Board having deemed the "Notice of
Intention" approved as of May 17, 2005; and
WHEREAS, the City of Renton is concurrently zoning the annexation site R4, four
units per net acre;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION L The findings, recitals, and determinations are hereby found to be
true and correct in all respects. All requirements of the law in regard to the annexation by
petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been
met. It is further determined that the petition for annexation to the City of Renton of the property
and territory described below is hereby approved and granted; the following described property
being contiguous to the City limits of the City of Renton is hereby annexed to the City of
2
ORDINANCE NO.
Renton, and such annexation to be effective on and after the approval, passage, and publication
of this Ordinance; and on and after said date the property shall constitute a part of the City of
Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect;
the property being described as follows:
See Exhibits "A" and "B" attached hereto and made a part hereof as if fully set
forth herein
[Said property, approximately 35.68 acres in area, is generally located east of
144 Avenue SE/Jericho Avenue NE, if extended, and west of Me Avenue/Nile
Avenue NE, north of SE 117a Street, and west of Honey Creek, south of SE i 1 Tb
Street, if extended.]
and the owners of the property within the annexation shall assume their fair share of the
outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains
to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning
Code.
SECTION K This Ordinance shall be effective upon its passage, approval, and
five days after its publication.
A certified copy of this Ordinance shall be filed with the King County Council, State of
Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCII, this day of , 2005.
Bonnie I. Walton, City Clerk
3
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2005.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD. 1191:6/06/05: ma
n
Kathy Keolker-Wheeler, Mayor
Exhibit A
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Wedgewood Lane Annexation 0 400 800
Figure 3: Existing Structure Map 1 : 4800
Economic Development, Neighborhoods & Strategic Planning Existing Structure
Alex Pietsch, Administrator — — Renton City Limits
G. Del Rosario Note: Annexation boundary may differ from diagram.
��'NTO 8 October 2004 Please see legal description for actual boundary. Proposed Annexation Area
Exhibit B
WEDGEWOOD LANE ANNEXATION
LEGAL DESCRIPTION
That portion of the east half (1/2) of the Northeast quarter of Section 10, Township 23
North, Range 5 East, W.M., King County, Washington, lying southerly of the south line
of the plat of Honey Creek Estates, as recorded in Volume 63 of Plats, Pages 30 and 31,
records of King County, Washington, and the westerly and easterly extensions thereof,
and lying northerly of the north line of the south 990 feet of said Northeast quarter of
Section 10; EXCEPT the east 30 feet thereof for County Road (1481h Avenue SE);
TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L04L0055, as
recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording
No. 20041223900001, in the east half (1/2) of said Section 10.
1st� 640-zazs
6-°�7-a005
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN
PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R4
(URBAN RESIDENTIAL, 4DU PER ACRE, KING COUNTY ZONING) TO
R4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE)
(WEDGEWOOD LANE ANNEXATION, FILE NO. A-04-005).
WHEREAS, under Section 4.2.020 of Chapter 2, Zoning Districts — Uses and Standards,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted
in conjunction therewith, the property hereinbelow described has not been zoned in the City of
Renton; and
WHEREAS, said property owners petitioned the City of Renton for annexation and
concurrent rezoning, which said annexation having previously been approved and the property
annexed to the City of Renton, and the City having held two public hearings to consider this
zoning application, the first hearing being held on March 14, 2005, and the second hearing being
held on June 20, 2005; and said zoning request being in conformity with the City's
Comprehensive Plan, as amended, and the City Council having duly considered all matters
relevant thereto, and all parties having been heard appearing in support thereof or in opposition
thereto;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. The following described property in the City of Renton is hereby
zoned to R4 as hereinbelow specified. The annual ordinance adopting the maps of the City's
1
ORDINANCE NO.
zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is
authorized and directed to change the maps of the zoning ordinance, as amended, to evidence
said rezoning, to wit:
See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set
forth herein.
[Said property, approximately 34.65 acres in area, is generally located east of 144 h
Avenue SE/Jericho Avenue NE, if extended, and west of 148 Avenue/Nile Avenue
NE, north of SE 117'h Street, and west of Honey Creek, south of SE 117'h Street, if
extended.]
SECTION IL This ordinance shall be effective upon its passage,
approval, and five days after its publication.
PASSED BY THE CITY COUNCIL this day of , 2005.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD. 1192:6/06/05: ma
0�
Kathy Keolker-Wheeler, Mayor
2005.
Lam ewooa Lane Annexatic
cm
Exhibit B
WEDGEWOOD LANE PREZONE
LEGAL DESCRIPTION
That portion of the east half (1/2) of the Northeast quarter of Section 10, Township 23
North, Range 5 East, W.M., King County, Washington, lying southerly of the south line
of the plat of Honey Creek Estates, as recorded in Volume 63 of Plats, Pages 30 and 31,
records of King County, Washington, and the westerly and easterly extensions thereof,
and lying northerly of the north line of the south 990 feet of said Northeast quarter of
Section 10; EXCEPT the east 30 feet thereof for County Road (1481h Avenue SE);
TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L041,0055, as
recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording
No. 20041223900001, in the east half (1/2) of said Section 10;
EXCEPT streets.