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HomeMy WebLinkAboutReport 1STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 August 4, 2015 Mark Clement Boeing Corporation P.O. Box 3707 MC IW -09 Seattle, WA 98124 Re: City of Renton Permit LUA15-000396, SM - Approved Mark Clement, Boeing Co. -- Applicant Renton Apron A&D New Crew Shelter & Guard House Shoreline Substantial Development Permit (SDP) #2015 -NW -2920 Dear Mr. Clement: On July 29, 2015, the Department of Ecology (Ecology) received notice that the City of Renton approved your application for an SDP. Your permit allows the construction of a new crew shelter at Apron A and guard house at Apron D within the High Intensity Shoreline Environment of the Cedar River, Reach A. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act (Chapter 90.58 RCW); • Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC); and • The City of Renton Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. Your approved SDP has been received by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from July 29, 2015, the "date of filing." This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend that you contact the Shorelines Hearings Board before you begin permit activities to ensure that no appeal has been received. They can be reached at (360) 664-9160 or hLtp-://www.eluho.wa.gov/Board/SHB. Apron A&D August 4, 2015 Page 2 of 2 If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg,wa. ovg /wac. Other federal, state, and local permits may be required in addition to this shoreline permit. If you have any questions about this letter, please contact me at (425) 649-4309. Sincerely, Misty Blair, Shoreline Specialist Shorelands and Environmental Assistance Program cc: Vanessa Dolbee, City of Renton Karen Walter, Muckleshoot Indian Tribe Fisheries Division Boeing Corporation Vanessa Dolbee From: Vanessa Dolbee Sent: Monday, July 27, 2015 2:09 PM To: 'Karen Walter' Subject: RE: Notice of Application LUA15-000396 SM, Renton Apron A&D; New Crew Shelter & Guard House Attachments: Shoreline Permit Com ment_RESPONS E 2015-0715.pdf; City_of_Renton_072115.pdf Ka ren, Thank you for your comments on the subject project. Please find attached a response from the applicant. In addition, the City has provided a response in the body of the e-mail below. Vanessa DU(6ee, Current Planning Manager Community & Economic Development Department Planning Division 1055 5 Grady Way Renton, WA 98057 (425)430-7314 From: Karen Walter fmailto:KWalterCamuckleshoot.nsn.us] Sent: Wednesday, July 01, 2015 4:35 PM To: Vanessa Dolbee Subject: RE: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Vanessa, Thank you again for sending us the site plans, the stream study/habitat report and the lighting study along for our review of the Notice of Application for the Renton Apron A&D project referenced above. We have reviewed this information and offer the following comments: 1. From the information provided, it appears that project is minimizing its outdoor nighttime lighting and use fixtures and light level that will be shielded and avoids the short wave length "blue light" as recommended in the attached study. These a good minimization measures. Comment Noted. However, the project will contribute to the cumulative artificial light conditions at night and should offset these contributions to the cumulative artificial lighting conditions by enhancing the riparian areas along the Cedar River in the project area. On page 1 of the stream study/habitat, it noted that there was no existing vegetation in the project area. Taller vegetation planted in the area where the lighting study was conducted for this project would provide screening and further reduce impacts to juvenile salmon from the artificial lighting conditions. The riparian area along this reach of the Cedar River is primarily comprised of flood hazard reduction structures including a flood wall and levee. This infrastructure is designed in accordance with FEMA and Array CORPS standards. As you are aware, there is an ongoing debate related to tree and vegetation plantings along and/or on levees. in addition, this property is within the ownership of the City of Renton and not the Boeing Company. The east, or right bank includes a public park and the west, or left, bank is a part of the Renton Municipal Airport. Based on the above facts the riparian area adjacent to the project site would not be a suitable location for taller vegetation to be planted at this time. Thank you for your comments. We appreciate the opportunity to review this proposal and look forward to the City's and applicants' responses. Please let me know if you have any questions. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Vanessa Dolbee Tmailto:VDolbee(a)Rentonwa.Qov] Sent: Thursday, June 18, 2015 2:41 PM To: Karen Walter Subject: RE: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Here is the lighting study... `Vanffsa toffee, Current Planning Manager Community & Economic Development Department Planning Division 1055 5 Grady Way Renton, WA 98057 (425)430-7314 From: Karen Walter[maiIto: KWalter@muckleshoot. nsn.usl Sent: Thursday, June 18, 2015 9:29 AM To: Vanessa Dolbee Subject: FW: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Hi Vanessa, I hope you are doing well... From a quick review of this application, is it possible to get a copy of the site plan? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Sabrina Mirante [mailto:SMirante@Rentonwa.govl Sent: Wednesday, June 17, 2015 4:29 PM To: DOE; DOE (misty.blair@ecy.wa.gov); DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Vanessa Dolbee Subject: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House My apologies, the first email sent this afternoon regarding this project incorrectly stated "appeal period". It should read as follows: 2 Please see Notice of Application documents for LUA15-000396, SM attached. The comment period ends July 1, 2015. Please also refer to this updated notice of application for the project information. Let me know if you have any questions, Sabrina Mirante, Planning Secretary City of Renton I CED I Planning Division 1055 S Grady Way 16th Floor I Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 j smirante rentonwa.gov City of e A CS E* trE ENGWEER" , INC.ElecrcaI and Technology Consultants July 15, 2095 The Boeing Company 998 Logan Ave N Renton, WA 98057 Attention: Mark Clement Permit Specialist Subject: Apron D Trailer & Crew Shelters W3441886 Shoreline Permit Package Dear Mr. Clement: I have reviewed the response from the Muckleshoot Indian Tribe Fisheries Division Habitat Program and would like to address their concerns regarding cumulative light contributions onto the Cedar River. As noted in their review, the selected fixture to be installed is an International Dark -Sky (IDA) approved, full cut-off LED fixture equipped with wildlife -friendly, amber colored LED's. As opposed to a fixture with a similar -in -appearance, low -Kelvin yellow light, such as High Pressure Sodium (HPS) or Low Pressure Sodium (LPS) fixtures. It's important to note that wildlife -friendly LED lamps use a specific wavelength of 590 nm. Although a lower Kelvin temperature lamp may appear to be amber in color, it's not actually the amber found in wildlife -friendly LED lighting fixtures. The use of 590 nm wavelengths is critical in a wildlife -friendly lighting application, since this is the wavelength that is not visible to animals affected by light pollution. Additionally, the selected fixture has a Type III lighting distribution with cutoffs, which concentrates light within a specific area. In this case, distances greater than 20 feet from the source recording less than one-half of a footcandle (fc). While the number of lighting fixtures may have increased in the surrounding area, the cumulative light onto the nearby Cedar River is negligible, if any. Furthermore, any light emitted by these additional fixtures is at a wavelength designed specifically to not affect wildlife. Sincerely, CASNE ENGINEERING, INC. Derek A. Townsend Engineer/Project Manager Shoreline Permit Comment RESPONSE 2015-0714.doex 10604 N✓= 3r Place, Suite 205, Kirkland, WA 98033 • (425) 522-1000 • (425) 828-2622 Fax 127301=. Mirabeau Pkwy, Suite 300, Spokane Valley, WA 99216 • (509) 922-7897 + (509) 922-1898 Fax g� B",dEZAIA July 20, 2015 Project: Aprons A and D New Crew Shelter and Guard House City of Renton Community and Economic Development Department Planning Division Attn: Ms. Vanessa Dolbee Planning Manager 1055 South Grady Way Renton, Washington 98057 Subject: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House — Response to Muckleshoot Tribe Comments Dear Vanessa, Thank you for providing the comments that the City of Renton received from the Muckleshoot Tribe regarding The Boeing Company's proposed construction of the new crew shelter on Apron D and the new guard house on Apron A. Boeing prides itself as an environmental steward, trying to minimize and avoid environmental impacts in all of its operations, including the Aprons A and D New Crew Shelter and Guard House project. As described in the application materials submitted to the City in support of the Shoreline Substantial Development permit, Boeing described the lights to be installed (shielded, amber -hued lights) on both the crew shelter and guard house. As described in the Standard Stream Narrative and Habitat Data Report provided in the permit application materials, Boeing retained the services of Casne Engineering, Inc. (electrical engineers) to conduct a lighting illumination study to assess whether lighting associated with the proposed project would impinge upon the Lower Cedar River (LCR). The results of the study clearly demonstrated that the shielded, amber - hued lighting associated with the proposed project will not produce any measurable increase in the amount of light reaching the LCR (see companion letter by Casne engineering). Boeing feels that it has taken every reasonable measure to demonstrate and insure that the proposed project will not result in a cumulative increase in light impinging upon the LCR. It is Boeing's opinion that planting riparian vegetation along the shoreline of the LCR in the vicinity of the proposed project would have no discernible effect in minimizing or avoiding light impinging upon the LCR as the illumination modeling conducted for this project has already demonstrated that the project will not cause increased illumination of the LCR in the site vicinity_ This is particularly true on the west shoreline of the LCR adjacent to the proposed Apron D crew shelter. A six-foot high, concrete flood -retention wall is located between the proposed crew shelter and the LCR, acting as a physical barrier to light from the proposed crew shelter impinging upon the LCR. Ms. Vanessa Dolbee The City of Renton July 13, 2015 Page 2 There is an existing guard house on Apron A which will be replaced with a redesigned guard house. Lighting on the proposed guard house will be reduced, replacing existing lighting with a single, shielded, amber -hued light, reducing the amount of light from existing conditions. The Tribe's proposal of planting riparian vegetation along the LCR in the vicinity of the project site in untenable for two primary reasons. First, Boeing does not own the property immediately adjacent to the LCR (i.e., property in the riparian zone of the LCR). This property is under the jurisdiction of the U.S. Army Corps of Engineers (Corps) and is part of their levee system on the LCR. Thus, Boeing has no authority to conduct any work, including the planting of riparian vegetation, on Corps jurisdictional property. In 2012, as part of Boeing's North Bridge Replacement project, Boeing, at the request of the Tribe, included shoreline restoration along both banks of the LCR adjacent to the new bridge. Upon review of the proposed restoration plan, the Tribe asked that the shoreline restoration on both banks be extended further south onto the Corps levees. The Corps, upon reviewing the request to extend shoreline restoration onto their jurisdictional property, clearly stated that they would not allow riparian plantings upon their levees out of concerns that riparian plants could impair the integrity of the levees. In 2012 the Corps announced plans to clear all woody vegetation within 15 feet of the flood -control wall to protect the structural integrity of the wall (Corps, 2012). This is the same area that is adjacent to the proposed Apron D project. It is very unlikely that the Corps would authorize planting of riparian vegetation in an area where they have previously implemented actions to remove it. The second reason that Boeing cannot plant riparian vegetation along the banks of the LCR in the site vicinity is because Federal Aviation Administration (FAA) advisories regarding foreign object debris (FOD) (FAA, 2010) and wildlife hazards adjacent to airports (FAA, 2007). The adjacent Renton Municipal Airport (Airport) must adhere to FAA regulations, and as such, Boeing's actions that could affect airport operations must also comply with FAA regulations. Planting riparian vegetation along the west bank of the LCR adjacent to Boeing's Apron D and the Airport could potentially result in non- compliance with the above-mentioned FAA advisories. Planting riparian vegetation so close to the Airport may result in the production of FOD in the form of leaves and seed pods that could be carried by wind onto Airport property, potentially interfering with Airport safety. The FAA (2010) defines FOD as follows: Any object, live or not, located in an inappropriate location in the airport environment that has the capacity to injure airport or air carrier personnel and damage aircraft. Riparian vegetation may also attract wildlife species, primarily birds that could present a hazard to safe Airport operations. The FAA (2007) recommends that airports serving turbine -powered aircraft (i.e., jets such as the Boeing 737) implement a separation distance of 10,000 feet between airport operations and hazardous wildlife attractants. The riparian area of the LCR is within several hundred feet of the Airport and Boeing's Apron D. Shoreline restoration design incorporated as part of the Boeing North Bridge Replacement project had to be negotiated with the Airport and the FAA to specifically avoid plant species that could potentially be sources of FOD and act as attractants to hazardous wildlife. Because shoreline restoration Ms. Vanessa Dolbee The City of Renton July 13, 2015 Page 3 associated with the North Bridge Replacement project was a condition of the federal permit issued by the Corps, the FAA and the Airport negotiated with the Corps and Boeing in the design of a shoreline restoration plan that would allow the North Bridge Replacement project to proceed while minimizing and avoiding potential threats to Airport operations. Because of the unique circumstances associated with the North Bridge Replacement project, the FAA and the Airport did allow limited shoreline restoration activities stipulating the use of native vegetation that would minimize and avoid potential impacts to Airport operations. . I trust that the above responses adequately address the Tribe's comments; however, should you or the Tribe have any questions regarding the above responses or if the Tribe would like to discuss the responses, please do not hesitate to contact us. REFERENCES Corps (U.S. Army Corps of Engineers). 2012. Army Corps clearing vegetation to safeguard Renton's Cedar River I -wall (release no. 12-036). Department of Defense, U.S. Army Corps of Engineers, Seattle District, Seattle, Washington http://www.nws.usace.army.mil/Media/NewsReleasesitabid/2408/Articlel483401 /army-corps- clearino-vegetation-to-safeguard-rentons-cedar-river-i-wall.aspx (accessed July 12, 2015). FAA (Federal Aviation Administration). 2010. Advisory circular: airport foreign object debris (FOD) management (AC No. 150/5210-24). U.S. Department of Transportation, Federal Aviation Administration, Washington, D.C. http://www.faa.gov/documentLibrary/media/Advisory Circular/150 5210 24.pdf (accessed July 12, 2015). FAA. 2007. Advisory circular: hazardous wildlife attractants on or near airports (AC No. 15015200- 336. U.S. Department of Transportation, Federal Aviation Administration, Washington, D.C. http:1/www_faa.gov/documentLibrary/media/advisor_y circular/150-5200- 33B/150 5200 33b.pdf (accessed July 12, 2015). Sincerely yours, Michael J. Sullivan, PE Civil Engineering Mark Clement Project Facilities Engineer Permit Specialist Direct Tel.: 425-965-2421 Direct Tel.: 206,627 2944 E-mail: Michael.j.sullivan@boeing.com E-mail: mark.d.clement@boeing.com Vanessa Dolbee From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Vanessa, Karen Walter <KWalter@muckleshoot,nsn.us> Wednesday, July 01, 2015 4:35 PM Vanessa Dolbee RE: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Lighting Falchi-2011-Journal of Environmental Management.pdf Follow up Completed Thank you again for sending us the site plans, the stream study/habitat report and the lighting study along for our review of the Notice of Application for the Renton Apron A&D project referenced above. We have reviewed this information and offer the following comments: 1. From the information provided, it appears that project is minimizing its outdoor nighttime lighting and use fixtures and light level that will be shielded and avoids the short wave length "blue light" as recommended in the attached study. These a good minimization measures. 2. However, the project will contribute to the cumulative artificial light conditions at night and should offset these contributions to the cumulative artificial lighting conditions by enhancing the riparian areas along the Cedar River in the project area. On page 1 of the stream study/habitat, it noted that there was no existing vegetation in the project area. Taller vegetation planted in the area where the lighting study was conducted for this project would provide screening and further reduce impacts to juvenile salmon from the artificial lighting conditions. We appreciate the opportunity to review this proposal and look forward to the City's and applicants' responses. Please let me know if you have any questions. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Vanessa Dolbee fmailto:VDolbee@Rentonwa.gov] Sent: Thursday, June 18, 2015 2:41 PM To: Karen Walter Subject: RE: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Here is the lighting study... Vane.5sa Do(bee, Current Planning Manager Community & Economic Development Department Planning Division 1055 S Grady Way Renton, WA 98057 (425)430-7314 .. ........... ... . From: Karen Walter [mai Ito: KWalter@muckleshoot.nsn.usl Sent: Thursday, June 18, 2015 9:29 AM To: Vanessa Dolbee Subject: FW: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House Hi Vanessa, I hope you are doing well... From a quick review of this application, is it possible to get a copy of the site plan? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckteshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SF Auburn, WA 98092 253-876-3116 From: Sabrina Mirante [mai Ito: SMirante@Rentonwa-go v] Sent: Wednesday, June 17, 2015 4:29 PM To: DOE; DOE (misty.blair(&ecy.wa.gov); DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Vanessa Dolbee Subject: Notice of Application LUA15-000396, SM, Renton Apron A&D; New Crew Shelter & Guard House My apologies, the first email sent this afternoon regarding this project incorrectly stated "appeal period". It should read as follows: Please see Notice of Application documents for LUA15-000396, SM attached. The comment period ends July 1, 2015. Please also refer to this updated notice of application for the project information. Let me know if you have any questions, ,Sabrina Mirante, Planning Secretary City of Renton I CED I Planning Division 1055 S Grady Way 16th Floor I Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 smirante@rentonwa.gov C;rof F 3 t1JFor deliv" information, Wall our webalte at wwwwsps.com". ru M Postage $ IJ7 Certified Fee r-9 APostmark M Return Raceipt Fee 0 (Endorsement Required) Here Cl Restricted Delivery Fee O (Endorsement Required) Ir ,-r Total Postage & Fees Sent To SYroet B .opt. No., ------------------------------------- or PO Bax No. City, State, 2)P+4 PS Form :.. , July 2014 See Reverse for Instructions -�a j ► / M a-.,------------------ S`iraef &Apt. No O or po Box No. ru ----------------- M Postage LrI Certified Fee a p Return Receipt Fee (Endorsement Required) CD Restricted Delivery Fee (Endorsement Required) O Er Total Postage & Fees M rp rO i � p a u, < 3 ro a o D s rD�. 0000 Onj u Q p m '� a NJN ro n r. Sent To a-.,------------------ S`iraef &Apt. 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July 27, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: Shoreline Management Substantial Development Permit for Renton Apron A&D New Crew Shelter & Guard House File No. LUA15-000396, SM Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on July 27, 2015. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at (425) 430-7314 if you have any questions or need additional information. Sincerely, Vanessa Dolbee Current Manning Manager Enclosures: Administrative Decision Copy of Master Application Project Narrative Neighborhood Detail Map Notice of Application cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Boeing Corporation/Owner Mark Clement/Applicant/Contact 5M cover letter 15-000396.docx Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov �;TV OF 0 DEPARTMENT OF COMMUNITY �`e 0 AND ECONOMIC DEVELOPMENT Cum mt"ait }' evelocu""`c T.)eve.lopfalerz€ PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: July 27, 2015 LUA15-000396, SM June 9, 2015 June 17, 2015 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER: CONTACT/APPLICANT: PROJECT LOCATION: LEGAL DESCRIPTIONS: Renton Municipal Airport Site: Renton Apron A&D New Crew Shelter & Guard House Vanessa Dolbee, Current Planning Manager Boeing Corporation, 737 Logan Avenue N, Renton, WA 98055 Mark Clement, Boeing, PO Box 3707 MS 1W-09, Seattle, WA 98055 737 Logan Avenue N and 616 W Perimeter Road POR SECS 7 & 18-23-5 & POR TOBINS D C INCL POR PLATTED & VAC STS LY WILY OF COMM W W # 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY # 5 & ELY & SLY OF FOLG LN BEG ON ELY MGN SD HWAY AT PT 5 FT S OF N LN OF LOT 8 BLK 18 BRYN MAWR TH E 89.23 FT TH N 05-16-51 E 438.90 FT TH N 40-09-47 E 188.55 FT TH N 60 FT TH N 29-00-40 W 197.07 FT TH S 88-27-28 E 90.83 FT TH N 01-32-32 W 40 FT TH S 88-27-28 E 234.53 FT TH S 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BLK 4 RENTON REAL ESTATE COS IST ADD LESS PORTION FOR LANE HANGAR CONDOMINIUM Renton Boeing Plan Site: PDR OF E 1/2 OF SEC 7-23-05 LY ELY OF CWW #2 & NLY OF N 6TH ST IN SE 1/4 OF SEC LESS NP R/W LESS STTGW VAC LOGAN ST LY NWLY OF LN 30 FT NWLY OF GOV MDR LN TGW 2ND CL SH LDS ADJ SUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SEC BEG NXN S MGN OF N 6TH ST WITH W MGN LOGAN AVE TH SLY ALG SD ST 995.34 FT TH S 89-18-45 W TO ELY MGN CWW #2 TH N ALG SD MGN TO S MGN N 6TH ST TH E TO BEG LESS BEG NW COR THOF TH SELY ALG WILY LN 328.75 FT TH N 89-45-45 E 366.34 FT TH N 00-14-15 W TO S MGN N 6TH ST City of Renton Department of Cor„munity & Economic Development Shoreline Management Permit Renton Apron A & Q New Crew Shelter & Guard Nouse LUAIS-000396, SM DATE OF PERMIT: July 27, 2015 Page 2 of 11 TH W TO BEG LESS 137.70 FT THOF TGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06-23-05 & SW 1/4 SEC 05-23-05 LY NWLY OF NP R/W & SWLY OF LN BEG NXN WILY EXT OF N LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N 43-06-56 W 680.06 FT M/L TO INNER HARBOR LN TH S 46-52-27 W ALG SD LN 607.89 FT TO TPOB TH S 43-06-56 E 713.87 FT TH S 46-53-04 W 215 FT TH S 20-38-24 W TO NWLY MGN SD NP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJ POR OF SELY LN IN SD SEC 08-23-05 LESS ST RD #7 TGW VAC LOGAN ST LY NLY OF SPUR TRACKS TGW BLK C LK WASH SH LDS 3RD SUPPL LESS POR FOR RD PER DEED 20060817000676 LESS POR PER DEED 20061212000338 SEC-TWN-R: SEC 7 TWN 23N R 5E WITHIN THE SHORELINES OF: Cedar River, Reach A APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit for a new crew shelter at Apron A and a new guard house at Apron D. Apron A is located at 616 W Perimeter Rd, at the Renton Municipal Airport and Apron D is located at 737 Logan Ave. N, the Boeing Plant Site. Both sites are located within the Shoreline Jurisdiction of the Cedar River, Reach A, designated as Shoreline High Intensity. Apron D is zoned UC -N2 and Apron A is zoned IM. The area of work would be 580 SF and no work would. occur within 100 feet of the Ordinary High Water Mark (OHWM) of the Cedar River. The new crew shelter would be 360 SF in size and the guard house would be 80 SF in size for a total of 480 SF on new buildings. No new impervious surface would be added to the area and no trees and/or existing vegetation would be removed as a result of the proposed project. The applicant provided a Stream Study, Habitat Data Report, Drainage Report and a Lighting Impingement Study with the application. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permit for the construction of a new 360 SF crew shelter and associated utilities at Apron A located at the Renton Municipal Airport and a new 80 SF guard house (replacing an existing guard house) and associated utilities at the Boeing Plant site. 2. Both Apron A and D are currently comprised of 100 percent impervious surfaces and both sites are developed with industrial uses. 3. Both proposed buildings would be over 100 ft. from the Cedar River OHWM, but within the 200 ft. Shoreline Jurisdiction. 4. Apron A is located on the west bank and Apron D is located on the east bank of the Cedar River, both within Reach A and designated Shoreline High Intensity. 5. The crew shelter would be a single -story modular building with a maximum height of 14.5 feet above grade. The project would also include new underground data and City of Renton Department of Community & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard Nouse LUAIS-000396, SM DATE OF PERMIT: July 27, 2015 Page 3 of 11 electrical utilities requiring the excavation of approximately 6.6 cubic yards of soil. Two exterior amber -hued LED lights, one at each of the two doors would be mounted on the south side of the new building. 6. The new guard house is proposed to replace an existing guard house. The new guardhouse would have approximately the same footprint as the existing guard house, totaling 80 SF and a maximum height of 8.5 feet. One exterior amber -hued LED light is proposed to be mounted on the west face of the proposed building. There would be no ground disturbance to replace the guard house. 7. The site is located in a seismic hazard area, no other critical areas exist on site. 8. 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 have been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 9. The office trail would be accessory to the industrial airplane manufacturing located on the existing site, Industrial Uses are permitted outright in Table 4-3-090E1 Shoreline Use Table. 10. The following table contains project elements intended to comply with the SMP bulk and dimensional standards and policies, as outlined in RMC 4-3-090: evelopment, may alsa provide fdr, Out ahg the water's edke. The proposal is Policy SH -14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. +� Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral City of Renton Department of Community & Economic Development Shoreline Management Permit Renton Apron A & 0 New Crew Shelter & Guard House LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 4 of 11 drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Objective SH -E. Existing economic uses and activities on the shorelines should be recognized and economic uses or activities that are water -oriented should be encouraged and supported. Policy SH -18. All economic activities on the shoreline shall provide for no net loss of ecological functions during construction and operation. !fLQ Il�llwi nl� 9II "Ajk� lli lE1lEfi ' ,wa . Tice sulbiect site is classed hirr,�tigk>Ftensr on the of ienrlil"ar M The f1i6w1n demi stndir aat�bie to therofrrssi 1. No Net Loss Required Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The provided Standard Stream Study Narrative and Habitat Data Report, prepared by AMSC Foster Wheeler, dated lune 2015 concluded that the project will result in no net loss of ecological functions in the riparian zone of the LCR adjacent to and 100 feet upstream and downstream of the project site. 2. View, Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi -family and/or multi -lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from N/A public right-of-way or trails. Staff Comment: The proposed crew shelter and guard house are not primary structures and the utility lines would be located underground. Furthermore, a City Park is located between the Boeing Property and the OHWM of the Cedar River. This City of Renton Department of Co ... munity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard House LUA1S-000396, SM DATE OF PERMIT: July 27, 2015 Page 5 of 11 park provides public access and views to the river. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: The applicant has proposed three new light fixtures for the two buildings. The crew shelter would have two new lights and the guard house would have one, all proposed to be placed over the doorways. The application indicates that a 7 LED, 120 -volt, 16.6 -watt, amber -hued LED wall pack fixture would be mounted approximately 10 feet above grade for the crew shelter and 8 feet above grade for the guard house. The proposed fixture would have full cut-off distribution with ambient diffuser. With the application a Light Impingement Study was provided and prepared by Casne Engineering, Inc., dated May 22, 2015. The study concludes that these three fixtures would have a combined output of 804 lumens, equivalent to a single 60W incandescent lamp — but amber is color instead of white. The Light Impingement Study concludes that the use of the LED amber -hued lighting, the housing's designed cut-off, and the Type 3 distribution will prevent errant light from illuminating the adjacent Cedar River. In addition the stream study concluded that the proposed project would have no effect on existing light condition on or near the Cedar River. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. J Staff Comment: The modular structures are not anticipated to be built with reflective materials. . Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment: Based on the provided elevations, it appears no mechanical equipment would be placed on the roof of the buildings. However, if mechanical City of Renton Department of ___munity & Economic Development Shoreline Management Permit Renton Apron A & 0 New Crew Shelter & Guard Nouse LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 6 of 11 equipment will be placed on either the crew shelter or the guard house it should be screened. Staff recommends, as a condition of approval, that a// roof mounted mechanical equipment shall be screened. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not N/A incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA N/A requirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the existing topography to the extent feasible. 3. Community Disturbances:. Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. 4. Public Access Physicalor Visual access to shorelines shall be incorporated in all neva development when the development would either generate a demand. -for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. Cedar River A: Public physical access from a trail parallel to the water should be provided if the Renton Municipal Airport redevelops in the future, balanced with goals of ecological restoration. 5. Building and Development Location— Shoreline Orientation Shoreline developments shall locate the water -dependent, water -related, and water -enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: Both the crew shelter and the guard house are proposed in areas of existing impervious surfaces and over 100 feet from the OHWM, therefore the locations identified ore less sensitive than non-developed areas. Minimal land City of Renton Department of Co,,„nunity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guord House LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 7 of 11 disturbance would be required for the development. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under -building parking or permeable surfaces where feasible. N/A (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water -dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water -oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water - oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water -related recreation shall be preserved. 6. Standards for density, Setbacks, and Height Setbacks and buffers from the OHWM: For non -water oriented uses a 100 foot setback is required from the OHWM. Staff Comment: Both the proposed crew shelter and guard house are located further from the OHWM then 100 feet. Vegetation Conservation Buffer: 100 feet. '" Cedar River Reach A Standard: Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with needs of flood control City of Renton Department of Co ... munity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard Nouse LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 8 of 11 levees and opportunities to provide public visual and physical access to the shoreline. Building Height — Maximum: In water — 35 ft. Within 100 feet of OHWM — 35 ft. More than 100 feet from the OHWM — 35 ft. Height up to that established in chapter 4-2 RMC, Zoning Districts — Uses and Standards, may be allowed for non -water -dependent uses in the following reaches: Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: For buildings landward of one hundred feet (100') from OHWM, the maximum ✓ building height shall be defined by a maximum allowable building height envelope that shall: i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height of either thirty five feet (35') or one half (1/2) the maximum height allowed in the underlying zone, whichever is greater; and ii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first. Impervious area within the Buffer/Setback; 5% ✓ Staff Comment: The project would not result in an increase in impervious service area. Impervious area within 100 feet of the OHWM: 50% N/A Footnote 11: No limit for the Renton Municipal Airport. 7. Use Regulations: a. Industrial Use: Industrial developments shall be permitted subject to the following Existing Non -Water -Dependent Uses: Existing non -water -dependent uses may be retained and expanded, subject to provisions for nonconforming uses activities and ✓ sites; provided, that expansion of structures within the required setback between the building and the water shall be prohibited unless it is demonstrated that the impacts of the expansion can be mitigated through on-site measures, such as buffer enhancement or low impact stormwater development. Changes in use are limited to City of Renton Department of _ _ munity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard House LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 9 of 11 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. All roof mounted mechanical equipment shall be screened. existing structures. Staff Comment: The existing Airport and Boeing Manufacturing Plan are non -water dependent uses, however they have been legally established. The Airport has been identified as an essential public facility and would be exempt from Buffers and Setbacks pursuant to RMC 3-4-090D.7.d.vi. Furthermore, both projects are compliant with the buffers and setbacks identified in Table 4-3-090D.7a — Shoreline Bulk Standards and as demonstrated above under 6. Standards for Density, Setback, and Height. Therefore, the projects comply with the development standards. Pursuant to the nonconforming sites table on expansion of building footprint by more than 500 SF or 10% which ever is less, is considered to be a minor alteration. If the project is cindered a minor alteration per RMC 4-10-095F.1, Partial Compliance for Non -Single -Family Development, site improvements would be required. However, the project would not result in more than 500 SF of expansions. The guard house is a replacement of an existing structure, resulting in a smaller building than exists today by 40 SF. The new crew shelter is 360 SF. Overall, the total new square footage of buildings proposed at the site would be 320 SF (360 SF crew shelter -40 SF for the reduction in the guard house size = 320 SF). Clustering of Non -Water -Oriented Uses: Any new use of facility or expansion of existing facilities shall minimize and cluster those water -dependent and water - related portions of the development along the shoreline and place inland all facilities which are not water -dependent. Over -Water Structures: Over -water structures are allowed only for those portions of water -dependent industrial uses that require over -water facilities. Any over -water N/A structure is water -dependent, is limited to the smallest reasonable dimensions, and is subject to shoreline conditional use approval. No Discharge Allowed: Each industrial use shall demonstrate that no spill or discharge to surface waters will result from the use or shall demonstrate in the permit application a specific program to contain and clean up spills or discharges of Vol pollutants associated with the industrial use and activity. Staff Comment: The Boeing Manufacturing Facility operates under a DOE Industrial Stormwater Permit, which requires a Stormwater Pollution Prevention Plan (SWPPP). Development of this project shall be undertaken pursuant to the following terms and conditions: 1. All roof mounted mechanical equipment shall be screened. City of Renton Department of Co ...... unity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard House LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 10 of 11 This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, A1CP, Planning Director Department of Community & Economic Development Date APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body 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 approval body finds sufficient 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 14 -day appeal time frame. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the City of Renton Department of Cummunity & Economic Development Shoreline Management Permit Renton Apron A & D New Crew Shelter & Guard Nouse LUA15-000396, SM DATE OF PERMIT: July 27, 2015 Page 11 of 11 expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/Attachments: Standard Stream Study Narrative and Habitat Data Report (which includes architectural drawings for elevations and site plan, lighting specifications, and light impingement study). cc: Attorney General's Office Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Boeing Corporation / Owner Mark Clement / Applicant/Contact City of Renton Official File i amec foster wheeler STANDARD STREAM STUDY NARRATIVE AND HABITAT DATA REPORT Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Prepared for: The Boeing Company Renton, Washington Prepared by. Amec Foster Wheeler Environment & Infrastructure, Inc. 3500 188th Street SW, Suite 601 Lynnwood, Washington 98037 (425) 921-4000 June 2015 Project No. LY15160360 TABLE OF CONTENTS amec foster wheeler Page 1.0 INTRODUCTION................................................................................................... 2.0 STANDARD STREAM STUDY NARRATIVE................................................................. 7 2.1 STREAM CLASSIFICATION...................................................................................... 7 2.2 VEGETATIVE COVER............................................................................................. 7 2.3 ECOLOGICAL FUNCTION... ..................................................................................... 8 2.4 FISH AND WILDLIFE............................................................................................... 9 2.4.1 Mammals.................................................................... ....... 9 2.4.2 Birds........................................................................................................9 2.4.3 Amphibians and Reptiles......................................................................10 2.4.4 Fish....................................................................................................... 10 2.5 MEASURES TO PROTECT TREES AND VEGETATION .............................................. 12 2.6 NO NET LOSS OF ECOLOGICAL FUNCTION........................................................... 12 3.0 HABITAT DATA REPORT............................................................................................ 13 3.1 HABITAT DIVERSITY............................................................................................ 13 3.2 MIGRATION CORRIDORS..................................................................................... 14 3.3 SPECIES AND COVER TYPES............................................................................... 14 3.4 IDENTIFICATION OF DISTURBED AREAS................................................................ 15 3.5 EXISTING HABITAT VALUES AND FUNCTIONS........................................................ 15 3.5.1 Temperature......................................................................................... 16 3.5.2 Water Quality........................................................................................ 16 3.5.3 Reach Sinuosity................................................................................ _ 16 3.5.4 Vegetative Conditions........................................................................... 17 3.5.5 Floodplain Condition............................................................................. 17 3.5.6 Habitat Values and Functions at the Project Site .................................. 17 3.6 HABITAT ALTERATIONS AND IMPACTS AND PROPOSED HABITAT MANAGEMENT PROGRAM..........................................................................................................17 4.0 REFERENCES...................................................................................... ..19 ..................... TABLES Table 1 Small Mammals Reported to Occur Along the Lower Cedar River Table 2 Birds Reported to Occur Along the Lower Cedar River Table 3 Non -Native Fish Species Introduced into the Lake Washington/Lake Union System Table 4 Different Aquatic Life Uses and Their Associated Numeric Temperature Criteria Amec Foster Wheeler Project No. LY15160360 i pAbaeing rentonUy15160360 apron d permittingkeporL%5sbmamstudynarrativelaprond_streamstudyhabitaM 060115.docx amec foster wheeler TABLE OF CONTENTS (Continued) FIGURES Figure 1 Vicinity Map Figure 2 Overall Architectural Site Plan Figure 3 Aerial Photo of Aprons A and D Project Sites Figure 4 Apron A Site Plan Figure 5 Apron A Crew Shelter Plan View Figure 6 Apron A Crew Shelter Exterior Elevations Figure 7 Apron D Site Plan Figure 8 Apron D Guardhouse Plan View and Exterior Elevations Figure 9 Light Impingement Study — Existing Conditions on East Shoreline Figure 10 Light Impingement Study — Existing Conditions on West Shoreline Figure 11 Light Impingement Study — Proposed Conditions on East Shoreline Figure 12 Light Impingement Study — Proposed Conditions on West Shoreline APPENDIX Appendix A Lighting Specifications Appendix B Photographic Log Appendix C Light Impingement Study Amec Foster Wheeler H Project No. LY15160360 pAbDeing rentonVy15160960 apron d pemnitlingVepoftlstresmslvdynarrativelaprand_streemstudyhabilatrp"6Q115 docx amec foster wheeler STANDARD STREAM STUDY NARRATIVE AND HABITAT DATA REPORT Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington 1.0 INTRODUCTION As part of the Renton plant transition from the 737 next generation to the new 737 MAX program, The Boeing Company (Boeing) proposes to build a new crew shelter on existing Apron A and relocate an existing guardhouse on existing Apron D to support flight crew operations. These proposed modifications to Aprons A and D (Figures 1 through 3) will occur within the 200 -foot shoreline zone. The new crew shelter will be constructed on Apron A, which is located on the west bank of the lower Cedar River (LCR), and the existing guardhouse will be replaced on Apron D, which is located on the east bank of the LCR (Figures 4 through 8). The proposed project will include other activities outside of the shoreline zone that are not discussed in this report. The proposed crew shelter to be placed on Apron A will be a single -story modular building with a 12 -foot by 30 -foot (360 -square -foot) footprint and a maximum height of 14.5 feet above grade. The building will be mounted 2.5 feet above grade and access will be provided via external steps and a ramp (compliant with American with Disabilities Act standards) (Figures 5 and 6). The proposed crew shelter also will include new underground data and electrical utilities requiring the excavation of approximately 6.6 cubic yards of soil. Two exterior amber -hued fight -emitting -diode (LED) lights, one at each of the two doors, will be mounted on the south side of the new crew shelter (Figure 6). Specifications for the exterior lights are provided in Appendix A. An existing guardhouse on Apron D will be replaced with a new guardhouse that will occupy nearly the same footprint as the existing guardhouse (Figures 2, 3, and 8). The new guardhouse will have an 8 -foot by 10 -foot (80 -square -foot) footprint with a maximum height of 8.5 feet. One exterior amber - hued LED light (see Appendix A for lighting specification) will be mounted on the west face of the proposed guardhouse (Figure 8). Guardhouse replacement will not require ground disturbance. The proposed project will occur on developed property consisting of paved, impermeable surfaces and will not result in the creation of additional impermeable surface area. No vegetation is present in the proposed project area (Figure 3). No construction activities will occur and no structures will be placed below the ordinary high water mark (OHWM) of the LCR. Amec Foster Wheeler Project No. LY15160360 13a6oeing ran ton11y15160360 apron d permflAingVeportMatreamstudynarrativetaprrond_streamstud yha6itatryt_060115A= IV amec wiv foster wheeler The City of Renton has expressed concerns with previous Boeing projects regarding potential light impingement on the adjacent LCR resulting from installation of external light fixtures within the 200 - foot shoreline zone. This report assesses potential habitat alteration to the LCR due to the proposed installation of external amber -hued LED lighting on the new crew shelter (Apron A) and guardhouse (Apron D). Boeing conducted a lighting impingement study to assess potential alterations in light conditions on the LCR adjacent to the project site attributable to the proposed project. The results of this study are discussed in Section 3.5.7 below. Under the Renton Municipal Code (RMC) 4-8-120C (Submittal Requirements — Specific to Application Type: Land Use Applications), the City requires the following environmental reports to be included with Boeing's permit application submittal for the proposed project: Stream or Lake Study, Standard: A report shall be prepared by a qualified biologist, unless otherwise determined by the Administrator, and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Administrator of the Department of Community and Economic Development or designee): i. The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The OHWM determined in the field by a qualified biologist pursuant to RMC 4-3-050L1b (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study" below); iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (6) where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; Amec Foster Wheeler 2 Project No. LY15160360 pAmeing rentonVy15160360 apron d permitbnglreportslstreamstudynanative4aproml_stmamatudyhabitaW_060115.doex a 14* amec foster wheeler viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees at least ten inches (10") average diameter that are within one hundred feet (100') of the OHWM; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan prepared in accordance with RMC 4-8-120D7, and showing contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report on eight and one-half inch (8.5") by eleven inch (11 ") paper shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the City of Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions currently provided by the streamllake and existing riparian area and the impacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined per RMC 4-11-200, and vegetation; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program, the study shall demonstrate if the proposal meets the criteria of no net loss of ecological functions as described in RMC 4-3-090132. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream or lake study may be required by the Administrator of the Department Amec Foster Wheeler Project No. LY15160360 3 oboeing rentofty15160360 apron d permiding4reportslsheamsiudynarrafiveWprond_sheamstudyhabilabV_060115.docx amec foster wheeler of Community and Economic Development or designee. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011). Habitat Data Report: Habitat data reports include: a. Site Plan: The site plan shall indicate: L The vegetative cover types reflecting the general boundaries of the different plant communities on the site; ii. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; iii. Top view and typical cross-section views of critical habitatlwiIdlife habitat to scale; iv. The results of searches of the Washington Department of Fish and Wildlife's Natural Heritage and Non -Game Data System databases; v. The results of searches of the Washington Department of Fish and Wildlife Priority Habitat and Species database. b. Narrative Report: A narrative report shall be prepared to accompany the site plan which describes: i. The layers, diversity and variety of habitat found on the site; ii. The location of any migration or movement corridors; iii. The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found; iv. Identification of any areas that have been previously disturbed or degraded by human activity or natural processes; v. A summary of existing habitat functions and values, utilizing a habitat evaluation procedure or methodology approved by the City; vi. A summary of proposed habitat alterations and impacts and proposed habitat management program. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decrease in species diversity or Amec f=oster Wheeler 4 Project No. LY15160360 p:Woeing rentoMly15160360 apron d parrniWng%reportslstreamstudynanadve5aprond_streamstudyhabitatrpt_06011 Ed= `s amec foster wheeler quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources. (Ord. 4835, 3-27-2000) This report provides a description of the environmental and habitat attributes of the project site where the proposed project is to occur, as defined by RMC 4-8-120C. Sections 2.0 and 3.0 present the requisite information for the Standard Stream Narrative and Habitat Data Report, respectively. Amec Foster Wheeler Project No. LY15160360 5 pAboeing renlonMy15160360 apron d pertnit ingVeportaWreamatudynarmbve%apmnd_shreamstudyhabitahpt_060115.docn amec foster wheeler (This page intentionally left blank) Amec Foster Wheeler Project No. LY15160360 p:Woeing n:ntonUyi5160360 apron d permitting5reportalstrearnstudynarrafivelaprond_sbsamstudyhahitatrpt_660115.dacx y amec foster wheeler 2.0 STANDARD STREAM STUDY NARRATIVE This section presents the standard stream study narrative, providing information about existing habitat conditions and functions of the LCR adjacent to the proposed project site. 2.1 STREAM CLASSIFICATION According to RMC 4-3-050Q4 (City of Renton Water Class Map), the LCR in the vicinity of the project site is Class 1 water. 2.2 VEGETATIVE COVER An Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler) biologist, Bob Stuart, conducted site surveys on May 12, 2015, May 14, 2014 and on November 24, 2014 to assess habitat conditions and vegetative cover along the LCR shoreline adjacent to and within 100 feet of the project site. The project site is defined as those portions of Aprons A and D within the 200 -foot shoreline zone adjacent to the LCR. Aprons A and D are currently used by Boeing to support their 737 manufacturing program. The Boeing facility on the east shoreline of the LCR and the Renton Municipal Airport on the west shoreline of the LCR consist primarily of concrete and asphalt surfaces. A vegetation survey was conducted along the east and west banks of the LCR adjacent to and extending 100 feet upstream and downstream of the project site (Figure 3). Appendix B provides a photographic log depicting habitat conditions and vegetation along the riparian zone of the east and west banks of the LCR adjacent to the project site. The riparian zone along the west bank of the LCR south of and within 100 feet of the project site is narrow (6 to 12 feet wide), abutting an 8 -foot -high concrete flood -control wail (Appendix B, Photos 1, 2, 4, and 9). Riparian vegetation at the time of the visits was very sparse and was limited primarily to patches of reed canarygrass (Phalaris arundinacea), Japanese knotweed (Polygonum cuspidatum), horsetail (Equlsetum fluviatile), Himalayan blackberry (Rebus armeniacus), and alder (Alnus rubra) (Appendix B, Photos 5 through 9). Reed canarygrass, Japanese knotweed, and Himalayan blackberry are listed as noxious weeds by King County. The width of the riparian area is limited by the concrete flood -control wall (Appendix B, Photos 1 and 2). No trees with trunks greater than or equal to 10 inches in diameter at breast -height (DBH) are located within 100 feet of south of the project site on the west bank. The west bank of the LCR within 100 feet north of the project site is more heavily vegetated than that south of the project site (Figure 3; Appendix B, Photos 10 through 12). Vegetation on the west bank of the LCR within 100 feet north of the project site consists of alder, unidentified species of willow (Salix Amec Foster Wheeler Project No. LY15160360 7 pihoeirg rerlonUyl5160360 apron d permit rtgVeports%stresmsLudynarraliveVAprond_streamshrdyhabitatrpl D60115.doex . a amec foster wheeler spp.), reed canarygrass, Japanese knotweed, and Himalayan blackberry, as well as an unidentified species of evergreen tree. No trees with trunks greater than or equal to 10 inches DBH are located within 100 feet north of the project site on the west bank. Within 100 feet south of the project site, the east bank of the LCR is more heavily vegetated than the west bank (Figure 3; Appendix B, Photo 13). Riparian vegetation on the east bank south of the project site is similar to that located on the west bank north of the project site, with the exception that the riparian corridor is not confined by a flood -control wall. The Cedar River Trail Park, maintained by the City of Renton, is located along the east bank of the LCR and consists of manicured lawns, ornamental shrubs, and native vegetation (Appendix B, Photo 15). An 8 -foot -wide asphalt pedestrian path is located in the Cedar River Trail Park, within BO feet of the LCR. The Boeing plant is located within 75 feet of the LCR (Figures 2 and 3). No trees with trunks greater than or equal to 10 inches DBH are located within 100 feet south of the project site on the east bank. The vegetation on the east bank of the LCR within 100 feet north of the project site is similar to that south of the project site (Appendix B, Photos 14 through 18). The Cedar River Trail Park extends along the east shore of the LCR north to the Boeing property near the mouth of the LCR and consists of manicured lawns, ornamental shrubs, and native vegetation, and an asphalt pedestrian path (Figure 3; Appendix B, Photo 15). No trees with trunks greater than or equal to 10 inches DBH are located within 100 feet north of the project site on the east bank. 2.3 ECOLOGICAL FUNCTION Riparian habitats have important ecological functions other than providing habitat for birds and other wildlife. Healthy riparian vegetation protects banks from erosion, influences in -channel aquatic habitats, maintains favorable water temperature for fish through shading, filters runoff, and provides nutrients. Riparian vegetation creates meanders, increases habitat complexity, and can protect against scour during severe storm events. Riparian habitats link upland and aquatic habitats. Upland habitats have a critical role in watershed function and affect riparian and aquatic habitats, particularly in drier, low -elevation sites. The riparian zone along the east and west banks of the LCR within 100 feet of the project site is sparsely vegetated and includes a number of invasive species, as discussed in Section 2.2, above. The primary ecological functions provided by riparian vegetation along the east and west banks of the LCR within 100 feet of the project site include: Nesting and foraging habitat for birds and small mammals, Input of terrestrial insects from overhanging vegetation, Amec Foster Wheeler 8 Project No. LY 15160360 p1ming rentonl1y15160360 apron d permitting\reportslsbmamstudynarrabvelapmnd_sbeamstudyhab atrpt 960115.doac amec foster wheeler • Input of allochthonous organic matter (via leaf fall), Limited erosion control, and • Limited habitat complexity. The LCR is a manmade channel created in 1912 when the river was diverted as a tributary to the former Black River directly to Lake Washington. The LCR is channelized and substantially altered, so that there is very limited riparian area to provide all of the potential ecological functions of an unaltered habitat. Riparian vegetation provides very little, if any, shading to the LCR because of the dominance of small shrubs and the lack of large trees. Both banks of the river in the project area are contained within levees and/or flood -control walls, so there is no potential for the creation of meanders or off -channel habitat. Because of extensive development along both banks of the river in the project area (Boeing to the east and west and the Renton Municipal Airport to the west), there is little, if any, transition between riparian and upland habitats. 2.4 FISH AND WILDLIFE This section addresses fish and wildlife species that may use the LCR in the vicinity of the project site. 2.4.1 Mammals No mammals or signs of mammal use were observed during the site visits. Given the level of development in the project area, it is likely that only small mammals such as squirrels, mice, rats, voles, moles, raccoons, opossums, muskrats, and river otters use the riparian areas along the LCR shoreline within 100 feet of the project area. Richter and Azous (1997), conducting small -mammal surveys in a wetland along the LCR, reported 13 species of mammals (Table 1). These, as well as other small mammals common to the Puget lowlands, may occur along the LCR adjacent to the project site. 2.4.2 Birds Several bird species were observed during the site visits, including American crow (Corvus brachyrhynchos), American robin (Tardus migratorius), Canada goose (Branca canadensis), and European starling (Sturnus vulgaris). Richter and Azous (1997) conducted bird surveys in a wetland of the LCR between late May and mid-June in 1988, 1989, 1991, 1992, and 1995 to determine distribution and relative abundance. They reported 58 species of birds (Table 2). It is likely that these, as well as other species of birds common to the Puget lowlands, nest or forage in the project vicinity. Amec Foster Wheeler Project No. LY15160360 9 p:lbaeing renton11y15160360 apron d permidingtreports%streamstudynarrativelaprond_streamstudyhahitalrpl_060115 docx arnec faster wheeler 2.4.3 Amphibians and Reptiles No amphibians or reptiles were observed during the site visits; however, it is likely that amphibian (e.g., Anurans) and reptile species (e.g., turtles) found in the Lake Washington basin may use the areas within the site vicinity. Richter and Azous (1997) reported the occurrence of six amphibian species in the LCR: • Ensatina (salamander) (Ensatina eschscholtzii"), • Long -toed salamander (Ambystoma macrodactylus), • Northwestern salamander (A. gracile), • Pacific tree frog (Pseudoacris regilla), • Red -legged frog (Rana aurora), and • Western red -backed salamander (Plethodon vehiculum). No information was located listing reptile species occurring along the LCR in the project vicinity; however, reptiles listed for King County (King County, 2008) that could occur in the project vicinity include: • Common garter snake (Thamnophis sirtalis), • Northern alligator lizard (Elgaria coerulea), • Northwestern garter snake (T. ordinoides), • Painted turtle (Chrysemys picta), • Rubber boa (Charina bottae), • Slider (Trachemys seripta), • Western fence lizard (Sceloporus occidentalis), and • Western terrestrial garter snake (T. elegans). 2.4.4 Fish Small fish were observed jumping in the LCR adjacent to the project site during the site visits. Although they could not be identified, they appeared to be small salmonids. The Lake Washington system, including the LCR adjacent to the project site, hosts many fish species, including five salmonid species: Chinook salmon (Oncorhynchus tshawytscha), coho salmon (O. kisutch), sockeye/kokanee salmon (O. nerka), coastal cutthroat trout (O. clarki clarkr), and steelhead/rainbow trout (O. mykiss). Anadromous forms of each of these species use the Cedar River system as migratory, forage, nursery, and spawning habitat, so individuals are present in the river both as adults during migrations to spawning grounds and as juveniles (Kerwin, 2001). All of these species occur Amec Foster Wheeler 10 Project No. LY15160360 p:%oidng renton11y15160360 apron d permit ingVeportslstreamsWdynarrabve%prond_stn:amstudyhabitakpt_060115.docx amec foster wheeler seasonally in the LCR adjacent to the project site. Additionally, there have been isolated reports of coastal/Puget Sound bull trout (5alvelinus confluentus) occurring in the Lake Washington system; however, it is believed that few bull trout occur in the Lake Washington system, if they occur at all. Puget Sound Chinook salmon, Puget Sound steelhead trout, and bull trout are federally -listed species under the Endangered Species Act. Nonanadromous forms of winter steelhead (rainbow trout), sockeye (kokanee), and cutthroat trout may also occur in the LCR. Resident rainbow trout spend their entire life in the Lake Washington system. The resident rainbow trout population was sustained with hatchery plants because they rarely successfully reproduce in Water Resource Inventory Area 8; however, releases of hatchery rainbow trout have been all but eliminated. Nonanadromous coastal cutthroat trout also occur in the Lake Washington system and are much more abundant than the anadromous form. Kokanee salmon is the freshwater, resident form of O. nerka. Some progeny from the parents of anadromous sockeye may also remain in Lake Washington for all or a portion of their lives (resident/anadromous sockeye) (Kerwin, 2001). The largest single population of adfluvial bull trout in western Washington is found above Cedar Falls in the upper Cedar River watershed. It is believed that a small number of bull trout pass through the reservoir and downstream hydroelectric facilities to the river reaches below Cedar Falls. However, it is apparently not sufficient to support the establishment of bull trout populations under the current ecological conditions (Corps, 2002). Native char, presumably bull trout, have been observed in the fish ladder viewing pool at the Hiram M. Chittenden Locks as recently as 1997, while isolated reports of native char being caught in or around Lake Washington occur every few years. A large juvenile char, again, presumably a bull trout (--250 millimeter, 3 year old), was caught in the LCR in July 1998. An adult char was also caught in the LCR in April of 1993 (Corps, 2002). Based on this information, occurrence of bull trout in the LCR adjacent to the project site is expected to be extremely limited, if they occur at all. Fish exclusion surveys conducted by Amec Foster Wheeler biologists in June 2013 and June 2014 as part of Boeing's North Bridge Replacement project on the LCR identified juvenile Chinook and coho salmon, as well as juvenile steelhead/rainbow trout. Other fish species identified during these surveys included slimy sculpin (Coitus asper), three-spined stickleback (Gasterosteus aculeatus), and ammocoetes of an unidentified lamprey species (Petromyzontidae). Amec Foster Wheeler Project No. LY15160360 11 p:ll eirg renlonVyl5160360 apron d permittinglmporlslsbmamsiudynarraGvelsprond_slrearnstudyhabitatrpt_060115.dacx icg amec foster wheeler Species endemic to the Lake Washington system include the northern pike minnow (Ptychocheilus oregonensis), peamouth (Mylocheilus caurinus), sculpins (Coitus spp.), and longfin smelt (Spirinchus thaleichthys) (Weitkamp et al., 2000; Wydoski and Whitney, 2003). Twenty-four non-native fish species (Table 3) have been identified in the Lake Washington/Lake Union system. A number of these species are now believed to be no longer present in the system. Some of these species are known to prey on juvenile salmon (e.g., smallmouth bass) while others are potential competitors with juvenile salmonids for food (Kerwin, 2001). 2.5 MEASURES TO PROTECT TREES AND VEGETATION The proposed project will not occur in areas with existing trees or riparian vegetation. No direct or indirect impacts to riparian vegetation or trees will occur as a result of the proposed project; therefore, no measures to protect vegetation or trees have been incorporated into the work plan. 2.6 NO NET LOSS OF ECOLOGICAL FUNCTION The project will result in no net loss of ecological function in the riparian zone of the LCR adjacent to and 100 feet upstream and downstream of the project site. As described above, the LCR adjacent to the project site provides limited ecological function due to low habitat diversity and complexity. Amec Foster Wheeler 12 Project No. LY15160360 p:l x)Nng rentonVy15160360 apron d parmitUnglreportslstreamstudynarradve%prond_streamstudyhabitatrpt_060116.docn amec foster wheeler 3.0 HABITAT DATA REPORT The habitat data report, as required by the City of Renton and described in RMC 4-8-120C, will provide pertinent habitat and ecological function information for the immediate project site where the proposed project is to occur. Sections 3.1 through 3.6 of the report will discuss following: • The layers, diversity and variety of habitat found on the site; • The location of any migration or movement corridors; • The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found; • Identification of any areas that have been previously disturbed or degraded by human activity or natural processes; • A summary of existing habitat functions and values; and • A summary of proposed habitat alterations and impacts and proposed habitat management program. 3.1 HABITAT DIVERSITY The LCR downstream of 1-405 (approximately 1.6 miles) is an artificial channel created early in the 20th century and is completely constrained between levees and revetments. This reach was regularly dredged to prevent flooding from the time of its completion in 1912 until the mid-1970s. Portions of the reach were again dredged in 1999 for the first time since the mid-1970s. Flood -control dredging is proposed during the summer of 2015. In -stream habitat in the reach is almost entirely glide, with little habitat complexity. Land uses prevent floodplain connectivity and have eliminated the potential for re -connection with a natural floodplain or the establishment of a riparian corridor. Channelization and existing land uses also prevent significant large woody debris (LWD) from accumulating in the channel. The reach is also very low -gradient and depositional, and the substrates have high levels of fine sediments (Corps, 2004; Parametrix and Adolfson, 2010). The shoreline along the LCR adjacent to the project site consists of developed property belonging to Boeing and the City of Renton. With realignment of the Cedar River into Lake Washington in 1912, the zone of sediment deposition was localized through the City of Renton (Perkins, 1994). The vast majority, if not all, of the non- suspendable sediment load is now deposited along this reach because Lake Washington lies at the river's mouth. With the path of the river fixed by armored banks, progressive infilling of the channel resulted. Sediment is continually deposited in the downstream 2 miles of the river and in an enlarging delta in Lake Washington. Amec Foster Wheeler Project No. LY15160360 13 pAboeirg rentonVy15160360 apran d permitGnglvportslsftamstudynarrativelaprand_stmomstudyhat,itatrpt_060115.docx amec kv foster wheeler Aquatic habitat within the LCR adjacent to the project site consists of a low relief benthic habitat composed of small cobbles with some gravel and no boulders. LWD in the stretch of the LCR adjacent to the project site is extremely limited (Appendix B, Photo 1). River discharge at the time of the site visits in May and November 2014 was approximately 1,000 cubic feet per second and 320 cubic feet per second during the May 2015 visit (USGS, 2015). Channelization of the LCR has eliminated meanders within the lower river, such that the lower 1.6 miles of river consists of a uniform glide habitat with a nearly complete absence of riffles and pools. Habitat diversity along the LCR adjacent to the project site is extremely limited. 3.2 MIGRATION CORRIDORS A query of the Washington Department of Fish and Wildlife's Priority Habitat and Species database (http://wdfw.wa.gov/mapping/phs/) identified five salmonid species that use the LCR as a migration corridor: • Chinook salmon; • Coho salmon; • Sockeye salmon; • Steelhead and rainbow trout; and • Coastal cutthroat trout. Two of the above species, Puget Sound Chinook salmon and Puget Sound steelhead trout, are listed as threatened under the Endangered Species Act. Bull trout, a member of the char family, may also be found in the LCR and is also listed as threatened under the Endangered Species Act. Population status information and extent of use of this area is currently unknown. Adult and subadult size individuals have been observed infrequently in the LCR (below Cedar Falls), Lake Washington, and at the Locks. No spawning activity or juvenile rearing has been observed and no distinct spawning populations are known to exist in Lake Washington outside of the upper Cedar River above Lake Chester Morse (not accessible to bull trout within Lake Washington) (NOAH -Fisheries and USFWS, 2008). It is unlikely that bull trout use the Cedar River as a migratory corridor. 3.3 SPECIES AND COVER TYPES The almost complete absence of riparian vegetation along the west bank of the LCR and the limited riparian vegetation along the east bank adjacent to the project site and the highly developed shorelines along both banks of the LCR severely limit habitat availability and use by multiple plant and Amec Foster Wheeler 14 Project No. LY15160360 pAboeing rentonVy15160360 apron d pennittingkeportslstreamstudynamative5aprond_5lreamstudyhahiiatrpt_M0115.docx amec foster wheeler animal species_ The concrete flood -control wall on the west bank of the LCR adjacent to the project site severely limits the width of the riparian zone and eliminates the transition zone from riparian to terrestrial habitats. Typical plant and animal assemblages and associations that would be expected along the riparian corridor of the LCR are, for the most part, absent along the stretch adjacent to the project site. A query of the Washington Department of Natural Resources' Natural Heritage Program online database (http://www.dnr.wa.gov/ResearchScience/HowTo/ConservationRestoration/Pages/ amp_nh_data_order.aspx) did not identify any plant or terrestrial animal species of special concern in the vicinity of the project site. Critical wildlife species occurring at the project site include those salmonids identified in Section 2.4.4 above. 3.4 IDENTIFICATION OF DISTURBED AREAS The entire project area is highly developed and disturbed. As stated in Section 3.1, the lower 1.6 miles of the LCR is an artificially -created channel with extensive development along both banks. 3.5 EXISTING HABITAT VALUES AND FUNCTIONS The LCR adjacent to the project site has very limited habitat value and is low functioning. A combination of two habitat assessment methods was used to provide a qualitative assessment of the existing habitat values and functions. These habitat assessment methods were the U.S. Environmental Protection Agency's (EPA's) Rapid Bioassessment Protocols for Use in Wadeable Streams and Rivers (Barbour et al., 1999) and the U.S. Forest Service's Stream Inventory Handbook.- Levels andbook.Levels I and Il (USFS, 2010). Both methods incorporate the use of physicochemical and biological parameters to assess habitat value and functionality. The EPA's Rapid Bioassessmenf Protocols incorporates both benthic invertebrate and fish assemblages' data in evaluating habitat value and function. For the purposes of this project, neither benthic invertebrate nor fish assemblage data were collected as part of the evaluation process due to the necessity of applying for and receiving the necessary permits to gather such data. The habitat assessment is based on physicochemical conditions observed at the project site: * Temperature, • Water quality, * Reach sinuosity, AmeC roster vvneeler Project No. LY15160360 15 p:4boeing rentoMl 15160360 apron d permitting\reports%Weamstudynarrativelaprond_streemstudyhabitatrp"64115,docx amec foster wheeler • Vegetative conditions of the stream hanks and the riparian zone, and • Condition of the floodplain (e.g_, accessibility from the bank, overflow, and size). Each of the above parameters is discussed below. 3.5.1 Temperature Mean monthly water temperatures in degrees Celsius in the LCR at Renton for the period of February 1992 through January 2015 (USGS, 2015) are as follows: • January — 6.0 . July —15.6 • February — 6.3 • August — 15.9 • March — 7.5 • September —13.7 • April --- 9.4 • October — 11.0 • May -11.5 • November - 8.1 • June - 13.2 . December — 6.3 The warmest water temperatures occur during the months of June, July, August, and September; however, even the highest mean monthly temperatures are compliant with Washington State aquatic life temperature criteria (Table 4), with the exception of the char spawning and rearing beneficial use. Char (e.g., bull trout) do not spawn in the LCR and it is highly unlikely that they use the LCR as rearing habitat. 3.5.2 Water Quality No site-specific water quality data were found for the project site; however, water quality monitoring has been conducted in south Lake Washington by the Washington State Department of Ecology. Washington State's Water Quality Assessment (303[d] & 305[b] Report) (Ecology, 2008) identified exceedances of water quality standards for temperature, pH, dissolved oxygen, and fecal coliforms in the LCR. No chemical exceedances of state water quality criteria were identified for the LCR adjacent to the project site. 3.5.3 Reach Sinuosity As discussed above, the lower 1.6 miles of the LCR are channelized and much of the shoreline on both banks is restrained by bulkheads. There is no sinuosity within the entire 1.6 miles of the LCR. Stream sinuosity can provide increased habitat complexity through the creation of pools, riffles, and glides, as well as the creation of off -channel habitat. Amec Foster Wheeler 16 Project No. LY15160360 pAming rentonVy15160360 apron d permitting\reporls%twmstudynarrative%prond_slreamstudyhabdatV_W0115.docx amec foster wheeler 3.5.4 Vegetative Conditions As described previously, riparian vegetation is sparse along the both banks of the LCR within 100 feet of the project site. As such, habitat diversity and functionality along this reach of the LCR is severely limited. 3.5.5 Floodplain Condition The LCR is an artificially -created channel confined by levees and bulkheads on each bank. Except in extreme discharge conditions, the LCR has very little connectivity with its floodplain and virtually no potential for formation of off -channel habitat within the floodplain. Because of the low gradient of the LCR, it functions as a sediment depositional zone. The City of Renton and the U.S. Army Corps of Engineers periodically dredges the LCR for flood -control purposes. The City of Renton is proposing flood -control dredging for the summer of 2016. 3.5.6 Habitat Values and Functions at the Project Site A qualitative assessment of the LCR adjacent to the project site indicates that it provides very low habitat value and function due primarily to the sparse riparian vegetation and habitat complexity. 3,6 HABITAT ALTERATIONS AND IMPACTS AND PROPOSED HABITAT MANAGEMENT PROGRAM The project will not involve any in -water components or work below the OHWM, nor will any portion of the project occur in the riparian zone of the LCR. The one component of the project that could potentially affect aquatic biota in the LCR is light impingement from the additional lighting proposed for the new crew shelter and guardhouse. Amber -hued LED lights will be used for both the crew shelter and guardhouse. Specifications for the proposed LED lights are provided in Appendix A. Boeing conducted a light impingement study to assess potential alterations to existing lighting conditions on the LCR attributable to the proposed project (Appendix C). Current lighting conditions were field verified, and a simulated lighting model created to reflect the existing conditions. Figures 9 and 10 show the modeled existing lighting conditions (in foot-candles) along the east and west shorelines of the LCR adjacent to the proposed project site. Field data for the modeling were collected on the evening of May 17 between 2330 and 0030. Sky conditions were partly cloudy with no visible moon present, and a temperature of 60 degrees Fahrenheit. Sampled foot-candle levels on the east and west banks of the LCR were less than 0.10 foot-candles. Existing 400 -watt pole -mounted high- pressure sodium fixtures are the primary contributor to existing lighting conditions. The model was then updated with the proposed amber -hued LED fixtures installed, with results showing discernible change to the existing foot-candle levels on the LCR (Figures 11 and 12). Therefore, the proposed project will have no effect on existing light conditions on or near the LCR. Project No. LY15160360 pAboeing renlonVy15160360 apron d permitting4eports%shesmsiudynwalivelaprond_streamsludyhabitaM 060115.docx Amec Foster Wheeler 17 amec foster wheeler No other components of the proposed project occurring in the 200 -foot shoreline zone will affect existing habitat or ecological conditions within the 200 -foot shoreline zone or within the adjacent LCR. No habitat management or mitigation programs are required for proposed project and none are proposed. Amec Foster Wheeler 18 Project No. LY 15160360 p1bming rentonVy15160360 apron d parmkdnglreportslstmomstudynarrativelaprond_sheamstudyhahit$trpt_MI15.docn J K amec foster wheeler 4.0 REFERENCES Barbour, M.T., J. Gerritsen, B.C. Snyder, and J.B. Stribling. 1999. Rapid Bioassessment Protocols for Use in Streams and Wadeable Rivers. U.S. Environmental Protection Agency, Office of Water, EPA 841-B-99-002, Washington, D.C. Corps — see U.S. Army Corps of Engineers Kerwin, J. 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (Water Resource Inventory Area 8). Washington Conservation Commission, Olympia. King County. 2008. King County Biodiversity Report 2008. King County, Seattle, Washington, http://www.kingcounty.gov/environmentlanima]sAndPlants/biodiversity/king-county- biodiversity-report.aspx (accessed September 1, 2009). National Oceanic and Atmospheric Administration, National Marine Fisheries Service and the U.S. Fish and Wildlife Service (NOAA-Fisheries and USFWS). 2008. Endangered Species Act — Section 7 Consultation Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation. The 1-405 Tukwila to Renton Improvement Project (1-5 to SR 169 — Phase 2) Lower Cedar River, Cedar River Sixth Field HUC: 171100120106, 171100120302, King County, Washington. NOAA-Fisheries and USFWS, Lacey, Washington, https://pets.nmfs.noaa.gov/pls/pcts-pub/sxn7.pcts— upload.download?p fle=F13441/200704219_405—trip_03-03-2008.pdf (accessed May 19, 2012). Parametrix and Adolfson Associates, Inc. (Parametria and Adolfson). 2010. City of Renton Shoreline Master Program Update Restoration Plan. Prepared for the City of Renton, Washington, http://rentonwa.gov/uploadedFiles/Business/EDNSP/planning/ 4.3%20Final%20Restoration%20PIan%200une-10).pdf?n=2474 (accessed April 13, 2012). Perkins, S.J. 1994. The shrinking Cedar River — Channel changes following flow regime regulation and bank armoring, in Proceedings of Effects of Human -Induced Changes on Hydrologic Systems. American Water Resources Association 1994 Annual Summer Symposium, p. 649-658. Richter, K.Q., and Azous, A.L. 1997. Amphibian distribution, abundance, and habitat use, in Azous, A.L., and Horner, R.R. (eds.), Wetlands and Urbanization — Implications for the Future, final report. Puget Sound Wetlands and Stormwater Management Research Program, Washington State Department of Ecology, Olympia, King County Water and Land Resources Division, Seattle, Washington, and University of Washington, Seattle, http://your.kingcounty.gov/dnrp/ libra ry/archive-documentslwlr/wetlands-urbanization-re port/wet-rept.pdf (accessed September 1, 2009). U.S. Army Corps of Engineers (Corps). 2002. Montlake Cut Slope Stabilization Project Environmental Assessment Biological Evaluation — Lake Washington Ship Canal, Seattle, Washington. Corps, Seattle District, Seattle, Washington. Amec Foster Wheeler Project No. LY15160360 19 pAboeing renion%15160360 apron d penniMngVeportslstreamstudynarrWivelaprond_streamsbudyhabdatryt_060115.docx amec foster wheeler 2004. Cedar River at Renton Flood Damage Reduction Operation and Maintenance Manual — Cedar River Section 205 (Renton, Washington). U.S. Army Corps of Engineers, Seattle District, Seattle, Washington. U.S. Forest Service (USFS). 2010. Stream Inventory Handbook: Levels I and If (Version 2.10). USFS, Pacific Northwest Region, Region 6, Portland, Oregon. U.S. Geological Survey (USGS). 2015. USGS Surface -Water Monthly Statistics for Washington — USGS 12119000 Cedar River at Renton. Department of the Interior, USGS, National Water Information System, http://nwis.waterdata.usgs.gov/wa/nwis/monthly/ ?site _no=12119000&por 12119000_18=1179603,00010,18,1992-02,2015-01&start_dt=1992- 02&end_dt=2015-01 &format=html_table&date_format=YYYY-MM- DD&rdb_compress ion =file&submitted_form=para mete r_seIection_list (accessed May 18, 2015). Washington State Department of Ecology (Ecology). 2008. Washington State's 2008 Water Quality Assessment (303[d] & 305[b] Report). Ecology, Olympia, http://www.ecy.wa.gov/programs/ wq/303d/2008/index.html (accessed April 15, 2012), Weitkamp, D.E., Ruggerone, G.T., Sacha, L., Howell, J., and Bachen, B. 2000. Factors Affecting Chinook Populations --- Background Report. City of Seattle, Seattle, Washington. Wydoski, R.S., and Whitney, R.R. 2003. Inland Fishes of Washington. American Fisheries Society, Bethesda, Maryland, and University of Washington Press, Seattle. Amec Foster Wheeler 20 Project No. LY15160360 pA30eing rentonUy15160360 apron d permiWnglreponslstreams[udymrrativelapmnd—sLeamshidyhabitatipt—D60116.docx amec foster wheeler TABLES It amec foster wheeler TABLE 1 SMALL MAMMALS REPORTED TO OCCUR ALONG THE LOWER CEDAR RIVER' Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Species Common Name and Scientific Name Genus species Creeping vole Microtus oregoni Montane shrew Sorex monticulus Deer mouse Peromyscus maniculatus Shrew -mole Neurotrichus gibbsii Ermine Mustela ermine Southern red -backed vole Clethryonomys gapped Forest deer mouse Peromyscus oreas Townsend's chipmunk Tamias townsendY Long-tailed vole Microtus longicaudus Trowbridge's shrew Sorex trowbridgei Marsh shrew Sorex bendirei Vagrant shrew Sorex vagrans Masked shrew Sorex cinereus Note(s) 1. Source: Richter and Azous, 1997. pAboeing renton11y15160360 apron d Amec Foster Wheeler perm i tt in gVeporlsistrea mstudynarradveltablesUab les_aprons_a&d_06Oil 5.doac Page 1 amec foster wheeler TABLE 2 BIRDS REPORTED TO OCCUR ALONG THE LOWER CEDAR RIVER' Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Species Common Name and Scientific Name Genus species American crow Corvus brachyrhynchos Northem pygmy owl Glaucidium gnama American goldfinch Carduelis tristis Orange -crowned warbler Vermivora celata American robin Turdus migratorius Pine siskin Carduelis pinus Black -capped chickadee Parus atricapillus Pacific -slope flycatcher Empidonax difliciGs Belted kingfisher Ceryle alcyon Purple finch Carpodacus purpureus Bewick's wren Thryomanes bewickh Red -breasted nuthatch Sitta Canadensis Brown -headed cow bird Molothrus ater Red -breasted sapsucker Sphyrapicus ruber Black -headed grosbeak Pheucticus melanoce halus Red crossbill Loxia curvirostra Brewer's blackbird Euphagus cyanocephalus Red -eyed vireo Vireo oGvaceus Brown creeper Certhia Americana Rufous -sided towhee Pipilo erythrophthalmus Black -throated gray warbler Dendroica nigrescens Ruffed grouse Bonasa umbellus Bushtit Psaltriparus minimus Ruby -crowned kinglet Regulus calendula Chestnut -backed chickadee Parus rufescens Red -winged blackbird Agelaius phoeniceus Cedar waxwing Bombycilla cedrorum Sora Porzana Carolina Cooper's hawk Accipiter cooperd Song sparrow Melospiza melodia Common raven Corvus corax Sharp -shinned hawk Accipiter striatus Common yellow throat Geothlypis trichas Steller's jay Cyanocitta stelleri Dark -eyed junco Junco hyemalis Swainson's thrush Catharus ustulatus Downy woodpecker Picoides pubescens Townsend's warbler Setophaga townsendi European starling Stumus vulgaris Vaux's swift Chaetura vauxi Evening grosbeak Coccothrausfes ves ertinus Violet -green swallow Tachycineta thalassina Fox sparrow Passerella iliaca Virginia rail Rallus limicola Great blue heron Ardea herodias Warbling vireo Vireo gilvus Golden -crowned kinglet Regulus satrapa Western tanager Piranga ludoviciana Hairy woodpecker Picoides villosus Willow flycatcher Empidonax traillii Hermit thrush Catharus guttatus Wilson's warbler Cardellina pusilla Marsh wren Cistothorus palustris Winter wren Troglodytes hiemalis MacGillivray's warbler Geothlypis tolmiei Woad duck Aix sponsa Northern flicker Colaptes auratus Yellow warbler Dendroica petechia Note(s) 1. Source: Richter and Azous, 9997. Ames Foster Wheeler p:fteing rentanW15166360 apron d mitt pernglreportslslreamstudynarraliveltables4lables_aprons_a8d_060116.docx Page amec foster wheeler TABLE 3 NON-NATIVE FISH SPECIES INTRODUCED INTO THE LAKE WASHINGTONILAKE UNION SYSTEM' Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Common Name Scientific Name Status American shad Alosa sapidissima Uncommon strays Atlantic salmon Salmo salar Can exceed 1,000 per year Black bullhead lctalurus melas Extinct Black crappie Pomoxis nigromaculatus Common Bluegill Lepomis macrocheilus Common Brook trout Salvellnus fontinalis Rarely caught Brown bullhead lctalurus nebulosus Rare, may be extinct Brown trout Salmo trutta No observed reproduction Channel catfish lctalurus punctatus Rarely caught Cherry salmon Oncorhynchus masou Extinct Common carp Cyprinus carpio Abundant Fathead minnow Pimephales notatus Unknown Goldfish Carassius auratus Intermittent Grass carp Ctenopharengodon idella Triploids only Lake trout Selvelinus namaycush Extinct Lake whitefish Coregonus clupeaformis Extinct Largemouth bass Micropterus salmoides Common Pumpkinseed sunfish Lepomis gibbosus Abundant Smallmouth bass Micropterus dolomieui Common Tench Tinca tinca Abundant Warmouth Lepomis gulosus No observed reproduction Weather loath Misgumus angillicaudatus No observed reproduction White crappie Pomoxis annularis Uncommon Yellow perch Perca t7avescens Abundant Note(s) 1. Source: Kerwin, 2001. pAboeing renlomVyl5160360 apron d Amec Foster Wheeler pe nn itti ngl rep ortsls tre a msWdyn a nasi veltab leslta b les_apron s_ a&d_060115.docx Page 3 A amec foster wheeler TABLE 4 DIFFERENT AQUATIC LIFE USES AND THEIR ASSOCIATED NUMERIC TEMPERATURE CRITERIA' Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Beneficial Use Tem erature2 °C Char Spawning and Rearing 12 Core Summer Salmonid Habitat 16 Salmonid Spawning, Rearing, and Migration 17.5 Salmonid Rearing and Migration only 17.5 Note(s) 1. Source: Ecology, 2012. 2. Based on the 7 -day average of the daily maximum temperatures. Abbreviations) °C = degrees Celsius Amec Foster Wheeler paboeing rentonlly15160360 apron d Page 4 penniUingWepoftlspeamsludynanaGveVablasltables_aprons _a&d 060115.docx amec foster wheeler FIGURES 0 AREA MAP Vr % 'MA, T, I orATIoNs : -,I -TY M.,.'%P_ MAP Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington [y: RES I Date 05118115 1 Project# LY15160360 I amec foster wheeler f Figure 1 Y15160360 ru X M ro o X rc CD CD M0 Z, eD7 :3 —, c3 0 (M m EL OQ r+ CL 0 co CD Nj »mea: % f § / \ ¢ > \ o /\ �I / [ 5 O b2 }> q/ % �� %O « �CL j �> E > @ ƒ� mf = orL$ Z 0. c c 2 R $ > 2 2 > % \ D f ° e § a m \ E_Y15160560 I M X m rD Z M O:E � F c srC � i I n M I� 1p ' rD m 3 ra �. O o 0m O +� z 6J irn Ln 0 o a, 7 o m a c v Z CD Lh m D [D [n n 0 C.) rn 0 T�1 � F c srC � i I I� T�1 f � F c f LY151_e \ / / \ \ \ �\ \( \/ :77, \) \ . � . T q \ 2 \ � \ * O P. 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D H m X m y Z I ro n v o n z Z? u C A At D , sCW � a D a � y m c O z m 61 T C Jmo a O a z SIOM IS1003M Q v1 ro r�U �U ip F �1. 1 1. 4 1 1\'11 1 `1. 1 r t7 m CL 1 1 1. 4 F F F r t7 m CL p r c� � w x r C a 9 O C:� 3 q a CL a a a ti Y q � • sy Y Y x r - o � n i W y w a o � m - c S m m s a CL a m a + w m r n - t W cl S i l7 f1 2 -1 _ @ A 22{ Z p IG 04 y1 .♦ �4 '.A ;f. 3 ❑ a a Z o O c A in m p c z 10 S9 ❑ - - O 2 H amec foster wheeler APPENDIX A Lighting Specifications LNCfjob# SERIES SPECIRCATIONS Intended Use: The Compact LED LNC is designed for entry/pe- rimeter illumination for safety, security and identity. Typical mounting height is up to 12 feet with 40ft fixture spacing (without acrylic diffuser) and 30ft spacing with acrylic diffuser installed. Photocontrol option is available to provide dusk -to -dawn control for additional energy savings. Constrttctimt: Decorative die-cast aluminum housing and door. Rugged design protects internal components and provides excellent thermal management for long life — 60,000 hours minimum LED life at L96 rating per IESNA TM -21-11 Powder paint finishes provide lasting appearance in outdoor environments. Opticsmectrtcal LEU: Drivers are 120-277V, 5CV6C1HzType II, III and Type N lenses provide wide lateral spread. 0-10V dimming 120-277V only. • LNC51-- 5 LEDs, 12.9w, .11 amp max, 980 lumens, Type II, NI or IV • LNC71- — 7 LEDs, 16.0w,. 14 amp max, 1441 lumens, Type II, III or N • LNC9L — 9 LEDs, 22w, .18 amp max, 1806 lumens, Type II, III or N ■ 3000K - 80 CRI, 4000K - 70 CRI, and 5000K - 67 CRI, CCT nominal ■ Minimum operating temperature is -40•C/-401' • Drivers have greater than .90 power factor and less than 20% Total Harmonic Distortion Type Leases: Full cut -aft distribution; Ambient diffuser included, use for applications near enterances or locations where reduced brightness is desired. Installation: Quick mount adapter provides quick installation, designed for recessed boar 4" square Junction box ustil Listed and labeled to- UL 1596 for wet locations, 25• C ambient emrlronments. Some models meet DesignLights Consortium (DLC) qualificalions, consult DLC website for more details: bft://www.deslwliuft.omMPIL • IES Progress Award Winner - 2012 Warranty: Five year limited wai anty (for more Information visit: bUi//www.hubbelloutdoar.Com/resourced vram L CER77RCATMWSAIS17 PGS sA ligfacft C us :� ORDERING INFORMATION ORDERING EXAMPLE: LNC-9LU-5K-3-1-PC1 HUBBELL Outdoor Lighting Approvals PRODUCT IMAGE(S) IIIO0 = I = LNC -5L i LNC -7L LNG -9L DIMBIWOMS A A B AM - 3 NUMBER OF I l l i i LNC LNC 5LU 5 LEDs, Universal voltage 120-277V 3K 3000K nominal. 2 Type II zero uplight 70 CRI 7LU 7 LEDs, Universal voltage 120-277V 4Ka 40001( nominal, 3' Type III 70 CRI 9LUa 9 LEDs, Universal voltage 120-277V 5W 5000K nominal 43 Type N AW Amber f590 pm available for "Turtle Rierldy°/ y - colficrls, 350 mA ( Qrls llll tat ory) 1 When PC is ordered, input must match PC voltage 2 Amber LEDs only available on 7LU and 9W configurations, 350 mA only 3 DesignLights Consortium (DLC) qualified 5/7/9 models 4K and 5K only With diffuser tiww�'�Jw�II 4.81 • 1.55" 8.22" 5.25" (122 mm) (39 mm) (209 mm) (133 mm) f• r Carton Dimensions 1 Carlon My, Catalog 6.W(kg►J Number CTN Le■9th Width Height 1 Pat Master Inch (cm) I Inch (cm) I Inch (cm) I Pace X �• X 1' t 1 Bronze PCM1 Button photocontrol, 2 Black replace X with voltage, Specify 1-120V, 2-208V, 3 Gray 3 -240V,4 -277V 4 white 5 Platinum rtueeeLL • Hubbell Outdoor Ligh" • 701 Millennium Boulevard • Greenville, SC 29607 • Phone: 664-678-1000 OutdoELL Due to our continued efforts to Ion our products, product specificatioru are subject to cherxde without nnoce. Outdoor Lighting P� 0 2015 MWLL OUMM LOMNG, NI Flom desalted • For mare Information hien ourwebaila wrrlrl,MIMYNIouUlfaor.oaa Printed in USA lNpEIRK- 'EC arta RFPLACFMEMPART Row ounxrairropne - PERFORMANCE DATA # OF LEDS DRIVE CURRENT SYSTEM WATTS DIST. TYPE LUMENS LPW' LUMENS LPW' LUMENS SYSTEM LPW' LUMENS WATTS LPW' 11 ® 11 11 Lumen values we tram pill performed In accordance whh IESNA LM -79-08. Dasa Is consIdered to be representative of the codg rallom shown. Actual perkrmanee may differ as a n nft of end-user amAronment and application. Please Conwlt IES Tdes for BUG fetir% PRO,iQECTO LUMEN MAMTENAW OPERATING HOURS 7ATINent TM -21-11' L70 mp. 0 25,000 50,000 L96 60,{100 100,000 (hours) 1. Prrhecled per IESNA TM -21 -11 ' (Nichia 2198, 70omAI, 85% Ts, 10,=vs) Data references the earapolated perlormance projec om for the LNC-12L1l-5K base model in a WC ambient, based on 10,000 hours of tE0 testing per IESNA UH -80.08. ELECTRICAL DATA DRIVE CURRENT DRIVE CURRENT INPUT VOLTAGE # OF LEDS 0,A){mA) �r(V) CURRENT (Amps) SYSTEM POWER {w) �� 11 ®® 11 ® 11 11 L1AYllMMAMBJEM IEA69MATiMEFACTOR (LATS] AMBIENT TEMPERATURE �® I LUMEN MULTIPLIER 1 �� 11 ®® 11 �� 11 Use these Wore 10 deharmine reNve lumen output for aw7ege ambient eemperahaes Inom 0-50-C (32-122-F). ®' HUBBELL Hubbell Outdoor Lighting a 701 Millennium Boulevard • Greenville, SC 29607 a Phone: 864-878-1000 Outdoor Lighting Due to our continued efforts to improve our products, product spWftalbms are subject t0 change without notice. 0 2015 NIBML Ut nMR L1GHnNG, All Rlghls PAWyed • For more Wonm0on YW our website. wwsrJmhbdrAlsar.dam • Printed in USA urro 6!I'18 amec foster wheeler APPENDIX B Photographic Log amec APPENDIX B foster wheeler PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 1 Lookinq south from south bridge alonq west bank of lower Cedar River (LCR Photo 2 Looking south from south bridge along west bank of LCR (note flood -control wal Amec Foster Wheeler pAboeirg rentonUy15160360 apran d pennitting4reportslstrearnstudynarralivelappendix blaprond_pi7oto_1og_060115.docx B-1 amec foster wheeler APPENDIX B PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 3 West bank of LCR immediately south of south b Photo 4 Looking southwest from east bank of LCR at west bank Amec Foster Wheeler B-2 p:l6oeing rentonUy1516o360 apron d permdbng%reportslstreemstudynamativeWppendix bWprondyhoto_log _060115 docx I. amec foster APPENDIX B wheeler PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 5 Reed canarvarass (next to water) on west bank of LCR south of south b Photo 6 Japanese knotweed on west bank of LCR south of south bridge Amec Foster Wheeler p.lboeing renton41yl5160360 apron d pemuttingVeportslstreamstudynarrativeleppendix loWprandphato_log _060115 docx B-3 �I amec foster wheeler APPENDIX B PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington l 5 e f Photo 7 Horsetail on west bank of LCR south of south bridge . V.. m IF �i a`f/YPl2'��. *71 ______ FFFFFFCCCCCC 4 "All ,jk J+ Photo 8 Blackberry on west bank of LCR south of south bridge Amec Foster Wheeler B-4 pi6oeing rentaMy1516060 apron d pormittinglreparlsWreamstudynar bve4appendix Waprond phota_log_060115-docx amec v APPENDIX B faster wheeler PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 9 Lookina west at patch of alder trees on west bank of LCR Photo 10 Looking at west bank of LCR north of south Amec Foster Wheeler p.%oeirg rertonkly15160360 apron d permittinglrepartslstreamstudynarrativelappendix 54aprond phato_log_060115 docx B-rJ amec 4v foster wheeler APPENDIX B PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 11 Gina at west bank of LCR north of south bridge Photo 12 Looking south at south bridge from east bank of the LCR (note reed canarygrass Amec Foster wheeler B-6 p:%oeing rentoMy15160360 apron d pennittinglreportslstreamstudynarrabve\appendix bSaprond_photo_lcg_060115.docx amec v APPENDIX B foster wheeler PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 13 Looking south from bridge at east bank of the LCR (note alder trees at left Photo 14 Looking north from south bridge at east bank of LCR Amec Foster Wheeler plboeirg renlonHy15160360 apron d permittingtreportslstreamstudynarrativelappendix Claprond_phete_1og_060115.docx B-% amec 4v e wheeller APPENDIX B whe PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington r .s +� • ' J a ,f s' Photo 15 Looking north alongbank of '•. Park northof •g' ti Photo 16 Looking north at east bank of LCR (blackberry and reed canarygrass in foreground) 3 y1�47 i •(,� * r r Amec Foster wheeler B-8 pahoeing renlon%lyl5160360 apron d permitting%reportslstreamstudynarrativelappendix 6laprond_pholo_log _060115-docx amec APPENDIX B foster wheeler PHOTOGRAPHIC LOG Boeing Aprons A and D New Crew Shelter and Guardhouse Project Renton, Washington Photo 17 iaetation along east bank of LCR north of bridge [reed canarvarass in cent, Photo 18 Lookinq south toward south bridge at vegetation along east bank of LCR Amec Foster Wheeler pahoeing rentonVy15160M apron d permittingVeportsWreemstudynarradye%appendix blapmnd_photo_log_060115.docx B-9 amec foster wheeler APPENDIX C Light Impingement Study �A I City of Renton LAND USE PERMIT MASTER APPLICATION" PROPERTY OWNER(S) NAME: Boeing Corp. ADDRESS: 737 Logan Ave n. CITY: Renton ZIP: 98055 TELEPHONE NUMBER: (206 617-2944) APPLICANT (if other than owner) NAME: Mark Clement COMPANY (ii applicable): Boeing ADDRESS: PO box 3747 MS 1W-09 CITY: SEATTLE ZIP: 98124 TELEPHONE NUMBER 206 617-2944 CONTACT PERSON NAME: Mark Clement COMPANY (if applicable): Boeing Co. ADDRESS: 737 Logan Ave n. CITY: Renton ZIP: 98055 TELEPHONE NUMBERAND E.7mAI.L`AQDRESS: 206 617- 2944 Mark.d.clementC� boe'hi.com _+ Q: web/pw/dcvsery/Forms/planning/rnasterapp, doc PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME Renton Apron A& D New Crew Shelter & Guard house PROJECT/ADDRESS(S)/LOCATION AND ZIP 737 Logan Ave n Renton WA 98055: 616 W Perimeter Rento WA 98055 Leased KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0723059041 Boeing, 0723059007 Leased EXISTING LAND USE(S): Manufactoring PROPOSED LAND USE(S): Manufactoring EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: UCN PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NA EXISTING ZONING Urban Center north 2 PROPOSED ZONING (if applicable): same as existing SITE AREA (in square feet): 6,618,761 sq. ft, leased- 467,809 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED:none SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA NUMBER OF PROPOSED LOTS (if applicable): NA 06103/1 5 :)J ,tT INFORMATION car ue NUMBER OF NEW DWELLING UNITS (if applicable I PROJECT VALUE: $ 104,240 TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. _ X Shoreline exemption 2 I — 4. Staff will calculate applicable fees and postage: $ Billed I, (Print Name/s) _ Vv 1 1`1 V I e I ! 4A I , declare that I am (please check one) the current owner of the property involved in this application or' ---I— the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herei o tained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that r.1 a,.y- C f � vnr,tj signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Representative) r Notary Public in and for the State of Washington Notary ll T� (Print) ` My Appointment Expires: Y PO , 0 l+haa••"n* *ASt04Ca,,.: Q:web/pw/devsery/forms/planning/masterapp.doc 2 06/03/15 IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable): NA ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): L3 AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 360 Cr. Shlt., Gird. Shk. 80 = 440 ❑ HABITAT CONSERVATION sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA ❑ SHORELINE STREAMS AND LAKES 116,000 _ sq. ft. ❑ WETLANDS sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included SITUATE IN THE _ne QUARTER OF SECTION i_, TOWNSHIP RANGE IN _23n_, -5e_, THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. _ X Shoreline exemption 2 I — 4. Staff will calculate applicable fees and postage: $ Billed I, (Print Name/s) _ Vv 1 1`1 V I e I ! 4A I , declare that I am (please check one) the current owner of the property involved in this application or' ---I— the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herei o tained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that r.1 a,.y- C f � vnr,tj signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Representative) r Notary Public in and for the State of Washington Notary ll T� (Print) ` My Appointment Expires: Y PO , 0 l+haa••"n* *ASt04Ca,,.: Q:web/pw/devsery/forms/planning/masterapp.doc 2 06/03/15 Project narrative BOEING COMMERCIAL AIRPLANE GROUP RENTON WASHINGTON Renton Apron A& D New Crew Shelter & Guard house As part of the Renton plant transition from the 737 next generation Aircraft to the new MAX program, Boeing is bringing in a new Crew shelter & relocated guard shack on its existing aprons to support flight crew operations. 616 W PERIMETER RD 98055 Renton airport (Leased) Parcel number 0723059007 2) Ugw Quard houge lot Agrea « 3) 737 Logan avenue north Renton WA 98055 Main Boeing Renton Manufacturing plant Parcel number 0723059001 Master use permit / Shoreline permit. Zoning designation is Urban Center north 2. The Area of work size is 580 Sq ft. The Cedar River & Lake Washington are the Special site features. Sandy silt loam is the soil type. Drainage to Lake Washington is from private storm water system to multiple outfalls to Lake Washington. No work will be done in the 100 Ft Environmental Critical Area Buffer zone. Access to the project is 6T" Avenue North No proposed off-site improvements, or land dedications are part of the scope of this project. Total estimated construction cost and estimated fair market value of the proposed project is $104,240. The existing site is 100% impervious surface and no change will result due to the project. No trees or plantings are to be removed or disturbed as part of this project Contractor Job trailer will be located on or near project site Scope of work New Crew Shelter at Apron "A Installation of a new 360 sq ft (12' x 30' 14'6" high) crew shelter. New underground data and electrical utilities to the crew shelter: 50 If of %" conduit for electrical pathway (above ground), 50 If of 1" conduit for data pathway (above ground) and 20 If of 2" conduit for data pathway (below ground). One new exterior amber hued directional light. Crew shelter will have ADA ramp. No new parking stalls, employees will use existing adjacent parking Anticipated dates of work: 9/9/2015 —11/2015 Nature of the existing shoreline: riverfront, channeled The project will also have a new smaller guard house relocated from a temporary location and installed on Apron D. *The old 10'x 12' guardhouse will be removed due to obstruction with the wings of the new larger 737 max aircraft as it taxis through the apron. One new exterior amber hued directional light will be installed. *The new guard house is 8o sq ft (8" x 10 "by 8' 6" high) with new data and electrical utilities: Reroute 20 LF of existing %" conduit for electrical pathway at the guard shack. The net decrease in *structures is -40 sq ft due to the new smaller guard shack in Apron D Anticipated dates of work: 9/9/2015 —11/20/2015 Nature of the existing shoreline: riverfront, channeled I Washington - Renton , North 8th and Logan Avenue North, Renton, WA 98055 .-.; r '� . From o 1 From Seattle f 1' 3 Bellevue x 445 LAKE WASHINGTON EXIT Na 5 444 Medical hoeing Clinic j Noah Safety 1 Badge _ w Air-`'� From d1i 14V 5 Issaquah N1 7fL1 _ ' 1 yep Wakking troll— _}1 �Zq 10- S 2 2.0 miles N4 Sv my ty14 �. Boei'irng 4�'k25� 3 i Y F lyingEmployees rC11 ��q � Association •'r'. 1%9M._F 1 7-r r: NSTH Sr }17j0 1N. .69.,.,... . WeN frail w ' � 1.0 45, �k 56 Ba 10 S2 14 miles es o s 900 $edge Hub❑ _ om �,,, o p` •'546 � O' a' Q'-, to. a lo -ll an e g z r y SAS j! .- E6 m 'Renta sly.c0 4 3 EI z m iliii'.t /1 r"� L t 4 •`5 527 Airp Q' S apron 51 IN STS}10-1dm `' exiT F l8ceing 5 N 1 Sonrh S EI 1413 N 57H 5T 4 , --� &Idge — v Renton Stadium z z F N 4TH ST z N 3RDST a . sC s -0e 5.os 1 J z z a I'll From Seattle PERIMETERR6 y 7s� 3 a r I c 11111 AIRPORiWP.Y ST 4 RTl -EXT 4e M 52NDST EXIT ? 4A 16.9 900 3� 53RD 5T N 0 `Lb m 54TH ST F From CFDAR H Enumclaw � su NSE W w 7-244 z "' 445 Rivertech 16.7 i Corporate Center m a s x SWM ST Exlr 3 � Opp p C+Q•P 7X0] Triton Towers Three ° J 1 ill �.7d6 Triton Towers Two EXIT as ; Employee gates caA¢�w"vsw AMS Turnstile gates From -- Fence lines I� 405 5w1sr14sT •••• Walking trails Boeing property From 0 General parking Longacres 167 m y 0 Restricted parking Park SW 14tH 5T ,# Bus stop From m 515 Kent �T Helistop z and Cafeteria in the building t -Z Auburn 51 52 5.3. ' . 54 Revised 04-21-15 Copyright 20155 The hoeing Company. Alf nghh reserved. w:_C1ty of NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: June 17, 2015 PROJECT NAME/NUMBER: Renton Apron A&D; New Crew Shelter & Guard House / LUA15-000396, SM PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit for a new crew shelter at Apron A and a new guard house at Apron D. Apron A is located at 616 W Perimeter Rd, at the Renton Municipal Airport and Apron D is located at 737 Logan Ave. N, the Boeing Plant Site. Both site are located within the Shoreline Jurisdiction of the Cedar River, Reach A, designated as Shoreline High intensity. Apron D is zoned UC -N2 and Apron A is zoned IM. The area of work would be 580 SF and no work would occur within 100 feet of the Ordinary High Water Mark (OHWM) of the Cedar River. The new crew shelter would be 360 5F in size and the guard house would be 120 SF in size for a total of 480 SF on new buildings. No new impervious surface would be added to the area and no trees and/or existing vegetation would be removed as a result of the proposed project. The applicant provided a Stream Study, Habitat Data Report, Drainage Report and a Lighting Impingement Study with the application. PROJECT LOCATION: 737 Logan Ave N & 616 W Perimeter Rd. PERMITS/REVIEW REQUESTED: Shoreline Substantial Development Permit APPLICANT/PROJECT CONTACT PERSON: Mark Clement/PO Box 3707 MS 1W-09/Seattle, WA 98124/206-617- 2944/Mark.d.clement@boeing.com Comments on the above application must be submitted in writing to Vanessa Dolbee, Current Planning Manager, Department of Community & Economic Development, 2055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on July 1, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7314. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: JUNE 9, 2015 NOTICE OF COMPLETE APPLICATION: JUNE 17, 2015 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name / No.: Renton Apron A&D; New Crew Shelter & Guard House/ LUA15-000396, SM MAILING ADDRESS: TELEPHONE NO.: City/State/Zip: CITU OF DEPARTMENT OF COiviMUNITY� `Keaton 0 AND ECONOMIC DEVELOPMENT c:ammunit e Economic PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION ca�vCu�� .NCE DATE OF PERMIT ISSUANCE: July 21, 2015 DATE -7 z z !S NAME INMAUDIAl? 1-7 LAND USE ACTION FILE NO.: LUA15-000396, SM b 1 c. .'' a� r DATE RECEIVED June 9, 2015 'IYf i1 DATE OF PUBLIC NOTICE: June 17, 2015 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER: CONTACT/APPLICANT: PROJECT LOCATION: LEGAL DESCRIPTIONS: Renton Municipal Airport Site: Renton Apron A&D New Crew Shelter & Guard House Vanessa Dolbee, Current Planning Manager Boeing Corporation, 737 Logan Avenue N, Renton, WA 98055 Mark Clement, Boeing, PO Box 3707 MS 1W-09, Seattle, WA 98055 737 Logan Avenue N and 616 W Perimeter Road POR SECS 7 & 18-23-5 & POR TO BINS D C INCL POR PLATTED & VAC STS LY WLY OF COMM W W # 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY # 5 & ELY & SLY OF FOLG LN BEG ON ELY MGN SD HWAY AT PT 5 FT S OF N LN OF LOT 8 BILK 18 BRYN MAWR TH E 89.23 FT TH N 05-16-51 E 438.90 FT TH N 40-09-47 E 188.55 FT TH N 60 FT TH N 29-00-40 W 197.07 FT TH S 88-27-28 E 90.83 FT TH N 01-32-32 W 40 FT TH S 88-27-28 E 234.53 FT TH S 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BILK 4 RENTON REAL ESTATE COS IST ADD LESS PORTION FOR LANE HANGAR CONDOMINIUM Renton Boeing Plan Site: POR OF E 1/2 OF SEC 7-23-05 LY ELY OF CWW #2 & NLY OF N 6TH ST IN SE 1/4 OF SEC LESS NP R/W LESS ST TGW VAC LOGAN ST LY NWLY OF LN 30 FT NWLY OF GOV MDR LN TGW 2ND CL SH LDS ADJ SUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SEC BEG NXN S MGN OF N 6TH ST WITH W MGN LOGAN AVE TH SLY ALG SD ST 995.34 FT TH S 89-18-45 W TO ELY MGN CWW #2 TH N ALG SD MGN TO S MGN N 6TH ST TH E TO BEG LESS BEG NW COR THOF TH Leslie Betlach `' of f J V'Fj) Plan Review Routing Slip JUN 17 2015 L� Qr C���u��011 fi �ENrQN Plan Number: LUA15-000396 Name: Renton Apron A & D New Crew Shelter & Guard Ht}u�'eS lgVIcEs Site Address: 737 LOGAN AVE N Description: The applicant is requesting a Shoreline Substantial Development Permit for a new crew shelter at Apron A and a new guard house at Apron D. Apron A is located at 616 W Perimeter Rd, at the Renton Municipal Airport and Apron D is located at 737 Logan Ave. N, the Boeing Plant Site. Both site are located within the Shoreline Jurisdiction of the Cedar River, Reach A, designated as Shoreline High Intensity. Apron D is zoned UC -N2 and Apron A is zoned IM. The area of work would be 580 SF and no work would occur within 100 feet of the Ordinary High Water Mark (QHWM) of the Cedar River. The new crew shelter would be 360 SF in size and the guard house would be 120 SF in size for a total of 480 SF on new buildings. No new impervious surface would be added to the area and no trees and/or existing vegetation would be removed as a result of the proposed project. The applicant provided a Stream Study, Habitat Data Report, Drainage Report and a Lighting Impingement Study with the application. Review Type: Community Services Review- Version 1 Date Assigned: 06/17/2015 Hate Due: 07/01/2015 Project Manager: Vanessa Dolbee Environmental Impact Ea rth Animals Li ght/GI a re Air Environmental Health Recreation Water Energy/Natural Resources Utilities Plants Housing Transportation Land/Shoreline Use Aesthetics JPublic Service Where to enter your comments: Manage My Reviews Historic/Cuitural Preservation Airport Environmental 10,000 Feet 14,000 Feet Which types of comments should be entered: Recommendation - Comments that impact the project including any of the Enivornmental Impacts above. Correction - Corrections to the project that need to be made before the review can be completed and /or requesting submittal of additional documentation and/or resubmittal of existing documentation. What statuses should be used: Reviewed - I have reviewed the project and have no comments. Reviewed with Comments - I have reviewed the project and and I have comments entered in Recommendations. Correction Resubmit - I have reviewed the project and the applicant needs to submit and/or resubmit documentation and I have added corrections in Corrections. + Sig ature of Director or Authorized Representative Date city Of NOTICE OF APPLICATION A Masser APPHodon her be. filed and aaepedwhh [Ira Gap.run.nor Commuphy a Earmmk 0nrhrpm•ne (CEOI -p•nnlry O141d4n of fha OlY M Ranapn. the fv9owng hdaflydaan76.a tle.appllptlan aid th. ne6elmry PubIlC 0.pprvnla. DATE OF NOIICE OF APPLJCAIION: lure 17, ZM PROI NAM1/NUMBM. fl—ApON A&O: III Crew ShI&Guard Nouse/LUA15-0W3¢6, SM PROIp[r OPSCN►NOR: The appikant Is requ.adng a Sh... Ifn• 5ubdenddi Onelcpm.nk pemah �br a new caw ah PltI at Apron A and a r" guard house a ApMn O. Apron A Ir IOtJt•d at 616 W prfte9w Ad, at the Rm1oA Mun1dJ,1l Alrpork and A"r O h bawd at 737 La3Ws AWN, the BOalrig Plank Site. 60th sid r• tpC9Md within the Shdrellre lulisdkfkn of the Catlar River, M•oh A, dls1511i1ed u ShorOJhr HlSi IntmsHy. Apspn O b xonM UGNI antl Appn A h Bawd IM. The area of work WI be 580 5F and dd work would d wdhln 100 fe, of da ordlrrary Mlgh Water Ma (OHM) of the War RNer. The new"live shelwwdWd be 360 5F in sls• and the pard hasp wdWtl be LZ45FIn she 79ra luealdf450SF.n RWbulldinga No ngW ImpaMwa"I wduld be added W the aM Ma ono bwsassd/OY ueengwgepkgnwduldhare—wj ase rewHvl lh. pmp9rW pmi.� Th•apdRerd prwldatla SNwm Study, Hab's"O Rou Repae, Caltae RaygR acrd a LLdabnglmWNlwnant 5tudywmr the appNobss, PROIe0710C,ATICAM 737wean"N&615WPA,melerAd. PER1sn5/RENIEWREOIIRSIIFJk Shorellre Subsodus.1 Omlcpmept Pamlt APPUCANF/PROSECr CONTACT PERSONI Mark O•m•nt/P090a 3777 NIS IW -0979a ttt., WA 911Id/706417- 21sLA xk.dclerr—fl se0ngcom Comm.Nea da the •bow HPO asaw must he rubI In wdflpg m Y�Itaaa OdI Cdmmf Ist-I Manan, p•pardeare a C'—`WHF l Emxw* Ourselss"Wef, 1953 SOblll Cady WIV. 114mor, WA 911115P, by 500 pm on July 1. Am If You hn4 4ueaI about this proposal, or wish t0 be mid. • PR Of record and —rq addNnrW mtMpdun by mill, mntatl thus PMJaco Me, at (445) 430-MI4. Amore who s Smis wntten ammI will aWsmadmlN b-0 a AIFIF of record aq WIN be netJR•tl df arty dechlan do this prdl.I PLEASE INCLUDE THE PRCIFECTNLJMSEA w14EN CALLJNG FOR PROFFER FILE IDENTIFICATION OATEOFAPPUCATION: JUNE 2, 2035 NOTICE OF COMPLETE APpUCAT1ONH JUM 17, 2035 IFyou WrW d Ike 11 ba made • poly dl remrd to renew furllwr Infomabo"n this prepdbed pml.ui, complete lhIr form and rehrm to: Cly of Rmkart, EI PlaRAIN Oki='. 1O555outh Gndy War, Harden, WA ¢5057. Firs NipwlNo.: "I's—"AIR hlewl-I.ItIrl Guard Nous.f WAIS W35Fa 5M NAME: _ M4L1hO ADORE TELEPHONE NO, C hwS-1Zip: J CERTIFICATION I, _ t✓'iVl��� I �' __� hereby certify that copies of the above document were posted in Ll— conspicuous places or nearby the des ibed proper#yon Date: �/ /7 l� Signed: STATE OF WASHINGTON ) ) SS COUNTY OF ICING ) I certify that I know or have satisfactory evidence that Vaal r 5;s c, `Do i b -C signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Pu lic in and for the State of Washington Notary (Print): My appointment expires: 4LNI ablf Mark Clement Boeing Apron A&D New Crew Shelter & Guard House Applicant Jonathan Wilson 1. Owner Parties of Record See Attached (Signature of Sender): STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. �•� d�,LY PO f <<r� Dated: 0.7p� _� •+ *�*�t1�i14111111 (i� ry Public in and for the Statsof Notary (Print): My appointment expires: 'S '? q� z 17 ri § 8 Boeing Apron A&D New Crew Shelter & Guard House iii � u e - LUA15-000396, 5M 1. template - affidavit of service by mailing JONATHAN WILSON Mark Clement CITY OF RENTON BOEING COMPANY THE PO BOX 3707 M/C 20-00 Seattle, WA 48124 4202400045 903000000 4182300000 AARON KENNETH+ANGELA ADAMS ODETTE M AHGW LLC 616 STEVENS AVE NW 801 RAINIER AVE N #A204 600 UNIVERSITY ST #2100 RENTON , WA 98055 RENTON, WA 98055 SEATTLE , WA 98101 7229300065 1181000000 903000000 ANN & SON COMPANY INC ALEJANDRO FELIPE & AILEEN ALEMAN ROBERT A 203 AIRPORT WAY S 11600 RAINIER AVE S #404 801 RAINIER AVE N #G139 RENTON, WA 98057 SEATTLE , WA 98178 RENTON, WA 98057 903000000 4202400115 7229300380 ALEXIS RUPERTA ALTON RACHEL AMBROSE K L 5309 S FERDINAND ST 564 STEVENS AVE NW 21 LOGAN AVE S SEATTLE , WA 98118 RENTON , WA 98057 RENTON , WA 98057 7229300545 9564800040 9564800026 ANDERSON BUSY BEE INC ANDERSON CHRISTIAN J ANDERSON ERIN LEE 423 AIRPORT WAY 602 TAYLOR PL NW 664 TAYLOR AVE NW RENTON , WA 98057 RENTON , WA 98057 RENTON, WA 98057 1180002627 1180003215 4136800195 APOSTOL LEMUEL+MARIA APOSTOL MILMAN R+DORA C APPLIN RAINI A+POLLOCK NICHOLAS V 11708 87TH AVE S 11729 87TH AVE S 8815 S 116TH PL SEATTLE, WA 98178 SEATTLE , WA 98178 SEATTLE, WA 98178 903000000 903000000 903000000 ARAGAW BIZUAYEHU ATAKILT ARNUCO LAURO AUSTIN DEBORAH K 801 RAINIER AVE N #C-116 801 RAINIER AVE N #G238 801 RAINIER AVE N #F329 RENTON, WA 98057 RENTON, WA 98055 RENTON , WA 98057 903000000 4204400040 9564800046 AUSTIN KADIA BALLESTEROS BENSON+LUZ BALLESTEROS EDUARDO 801 RAINIER AVE N #B208 8722 S 122ND ST 304 NW 6TH ST RENTON, WA 98055 SEATTLE, WA 98178 RENTON , WA 98055 1180002645 9564800090 4204400215 BANEL ROBERT J+MELANI E S BANKER VIRGINIA BARRON BRENT+CYNTHIA 11718 87TH AVE S 217 NW 16TH ST 310 HARDIE AVE NW SEATTLE , WA 98178 RENTON , WA 98057 RENTON, WA 98055 903000000 9564800075 903000000 BATTISTI JARRET A BAUTISTA DOMINGO C+GONZALEZ BELL MARGARET 14515 152ND PL SE 311 NW 6TH ST 801 RAINIER AVE N #6211 RENTON , WA 98059 RENTON, WA 98057 RENTON , WA 98057 903000000 7229300100 4136800160 BENJAMIN ANDRE+AMBRA BENZEL & YARNELL LLC BLANKO KATHERINE 801 RAINIER AVE N #E-223 10700 NE 4TH ST UNIT 3412 8814 S 116TH PL RENTON, WA 98057 BELLEVUE , WA 98004 SEATTLE , WA 98178 1180002735 7200041 9460000020 BLUME KAREN+PROTHMAN CARL BONNER ROBERT G JR BOSET ADDIS K 8723 5 117TH 5T 1507 JONES AVE NE 364 MAPLE AVE NW SEATTLE, WA 98178 RENTON, WA 98056 RENTON, WA 98057 1181000000 4202401078 4202400005 BROOKS STEPHEN M BROOKSHIRE HOMES INC BROWN LATWON+ERIE 2327 ROYAL OAKS DR 12819 SE 38TH ST #PMB 147 411 NW 7TH ST ALAMO , CA 94507 BELLEVUE , WA 98006 RENTON , WA 98057 82000000 82000000 4204400070 BROWN NYESHA BROWN SCOTIA Y BRYANT JASON M 402 TAYLOR AVE NW #B 410 TAYLOR AVE NW #B 8913 S 122ND ST RENTON, WA 98055 RENTON, WA 98055 SEATTLE, WA 98178 1180001790 4204400100 4182300000 BRYN MAWR PLAZA LLC BUCHAN BROS INVESTMENT PROP BUEHLER BEN PO BOX 115 2630 116TH AVE NE #100 PO BOX 1228 HOBART , WA 98025 BELLEVUE , WA 98004 ISSAQUAH , WA 98027 4182300000 1180002660 7200193 BUEHLER WALTER & INGRID BULLOCK RUSSELL E BURKHEIMER FAMILY L L C 5344 232ND AVE SE 8716 S 117TH PL 1326 5TH AVE #708 ISSAQUAH , WA 98029 SEATTLE , WA 98178 SEATTLE , WA 98101 9564800095 903000000 4202400385 BURNS CARL P BUTKIEWICZ ORAWAN CAGE DANNY L 213 NW 6TH ST 801 RAINIER AVE N #D120 403 TAYLOR PL NW RENTON, WA 98055 RENTON, WA 98055 RENTON, WA 98055 1180008289 9564800140 4202400395 CAI TRANG T CARLSON MARY JO CARMONA RUTH M+MICHAEL 1233187TH AVE S 215 NW 5TH 206 NW 4TH ST SEATTLE, WA 98178 RENTON , WA 98057 RENTON, WA 98055 4202401175 903000000 4202401500 CARPENTER DAVID CARPENTER MILDRED B CHANG BROTHERS INC 3012 145TH AVCT E 801 RAINIER AVE N #C216 6301 NE 204TH DR NE SUMNER , WA 98390 RENTON, WA 98055 REDMOND , WA 98030 903000000 7200110 1180005520 CHANG PETER+ZHI FEN XIE CHAU BILL+ANN CHEN MARYANN+LA DANIEL L 801 RAINIER AVE N #C31 500 S TOBIN ST 4117 NE 22ND ST RENTON, WA 98055 RENTON, WA 98055 RENOTN , WA 98059 7200155 7200171 4202400025 CHEN TOMMY & SHU-MEI H CHIEM MYTHU+DAT H LU CHIN CHORK+RIECH RA 8125 144TH AVE SE 665 PASCO PL 654 STEVENS AVE NW NEWCASTLE , WA 98059 RENTON, WA 98059 RENTON , WA 98055 9564800025 903000000 4202401305 CHIN SANDRA CHO EUNYOUNG CHRISTOPHERSON R LEE 670 TAYLOR AVE NW PO BOX 68195 503 RAINIER AVE N RENTON , WA 98055 SEATTLE , WA 98168 RENTON , WA 98055 903000000 1181000000 9564800135 CLEVELAND BEN J CLYMER MARY+MOSKOWITZ MICHA CONWELL ROY L+GAIL M 6700 39TH AVE SW 11600 RAINIER AVE S UNIT 405 27028 140TH LN SE SEATTLE , WA 98136 SEATTLE, WA 98178 KENT , WA 98042 903000000 1180006990 4182300000 COOK SIGMUND K COX EDWARD KEMP CREISLER VINCENT L 801 RAINIER AVE N #G338 8550 S 123RD PL 13241 SE 261ST ST RENTON, WA 98055 SEATTLE , WA 98178 KENT, WA 98042 903000000 903000000 4202400391 CRISANTO JOSIE A CULLISON ROBERT+SAM W+BETH Current Resident 801 RAINIER AVE N #13312 801 RAINIER AVE N #G235 401 Taylor Ave NW APT 15 RENTON, WA 98055 RENTON, WA 98055 Renton, WA 98057 4202400390 4202400390 4202400390 Current Resident Current Resident Current Resident 401 Taylor Ave NW APT 3 401 Taylor Ave NW APT 5 401 Taylor Ave NW APT 13 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202400390 4202400390 4202400390 Current Resident Current Resident Current Resident 401 Taylor Ave NW APT 14 401 Taylor Ave NW APT 2 401 Taylor Ave NW Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202400390 4202400390 4202400390 Current Resident Current Resident Current Resident 401 Taylor Ave NW APT 7 401 Taylor Ave NW APT 9 401 Taylor Ave NW APT 11 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202400390 4202400390 4202400390 Current Resident Current Resident Current Resident 401 Taylor Ave NW APT 1 401 Taylor Ave NW APT 10 401 Taylor Ave NW APT 12 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202400390 4202400390 4202400390 Current Resident Current Resident Current Resident 401 Taylor Ave NW APT 4 401 Taylor Ave NW APT 8 401 Taylor Ave NW APT 6 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 723059003 723059003 723059003 Current Resident Current Resident Current Resident 8753 S 120TH PL 8757 S 120TH PL 8755 S 120TH PL SEATTLE, WA 98178 SEATTLE, WA 98178 SEATTLE, WA 98178 723059063 1180002755 1180002755 Current Resident Current Resident Current Resident 12016 87TH AVE S 8825 S 117TH ST 8821 S 117TH ST SEATTLE, WA 98178 SEATTLE, WA 98178 SEATTLE, WA 98178 1180004215 Current Resident 4202401335 Current Resident 400 Taylor Ave NW APT 403 Current Resident 11908 87TH AVE 5 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Current Resident 400 Taylor Ave NW APT 401 400 Taylor Ave NW APT 302 400 Taylor Ave NW APT 402 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202401335 4202401335 4202401335 Current Resident Current Resident Current Resident 400 Taylor Ave NW 400 Taylor Ave NW APT 103 400 Taylor Ave NW APT 201 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202401335 4202401340 4202401340 Current Resident Current Resident Current Resident 400 Taylor Ave NW APT 104 390 Taylor Ave NW 390 Taylor Ave NW APT 104 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202401340 4202401340 4202401340 Current Resident Current Resident Current Resident 390 Taylor Ave NW APT 304 390 Taylor Ave NW APT 102 390 Taylor Ave NW APT 201 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202401340 4202401340 4202401340 Current Resident Current Resident Current Resident 390 Taylor Ave NW APT 101 390 Taylor Ave NW APT 402 390 Taylor Ave NW APT 301 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 4202401340 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Mayor - _.__ + Community & Economic Development Department June 17, 2015 C.E."Chip" Vincent, Administrator Mark Clement The Boeing Company PO Box 3707 MS 1W-09 Seattle, WA 98124 Subject: Notice of Complete Application Renton Apron A & D, New Crew Shelter & Guard House, LUA15-000396, SM Dear Mr. Clement: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7314 if you have any questions. Sincerely, Vanessa Dolbee Current Planning Manager Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov zE City of (ii € � er t E �^ i NOTICE EBF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the appllcation and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: June 17, 2015 PROJECT NAME/NUMBER: Renton Apron A&D; New Crew Shelter & Guard House / LUA15-000396, SM PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit for a new crew shelter at Apron A and a new guard house at Apron D. Apron A is located at 616 W Perimeter Rd, at the Renton Municipal Airport and Apron D is located at 737 Logan Ave. N, the Boeing Plant Site. Both site are located within the Shoreline Jurisdiction of the Cedar River, Reach A, designated as Shoreline High Intensity. Apron D is zoned UC -N2 and Apron A is zoned IM. The area of work would be 580 5F and no work would occur within 100 feet of the Ordinary High Water Mark (OHWM) of the Cedar River. The new crew shelter would be 360 SF in size and the guard house would be 120 5F in size for a total of 480 SF on new buildings. No new impervious surface would be added to the area and no trees and/or existing vegetation would be removed as a result of the proposed project. The applicant provided a Stream Study, Habitat Data Report, Drainage Report and a Lighting Impingement Study with the application. PROJECT LOCATION: 737 Logan Ave N & 616 W Perimeter Rd. PERMITS/REVIEW REQUESTED: Shoreline Substantial Development Permit APPLICANT/PROJECT CONTACT PERSON: Mark Clement/PO Box 3707 MS 1W-09/Seattle, WA 98124/206-617- 2944/Mark,d.clement@boeing.com Comments on the above application must be submitted in writing to Vanessa Dolbee, Current Planning Manager, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on July 1, 2915. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7314. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project_ I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: JUNE 9, 2015 NOTICE OF COMPLETE APPLICATION: JUNE 17, 2015 If you would like to be made a party of record to receive further information on this proposed project, complete this farm and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name / No.: Renton Apron A&D; New Crew Shelter & Guard House/ LUA15-000396, SM NAME: MAILING ADDRESS: TELEPHONE NO.: City/State/Zip: CITY OF RENTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: May 9, 2016 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. :C£R�h'�"'FPkiESkY' Project Name: Renton Apron A&D New Crew Shelter & Guard House LUA (file) Number: LUA-15-000396, SM Cross -References: AKA's: Boeing Apron Projects, Apron A & D, Cre Shelter and Guard house, Renton Apron A & D New Crew Shelter & Guard House [Acceptance roject Manager: Vanessa Dolbee Date: June 15, 2015 pplicant: Mark Clement, The Boeing Company Owner: Mark Clement, The Boeing Company Contact: Jonathan Wilson, The City of Renton PID Number: 0723059007, 0723059001 ERC Determination: Date: Appeal Period Ends: Administrative Decision: Approved with Conditions Date: July 27, 2015 Appeal Period Ends: August 19 2015 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting a Shoreline Substantial Development Permit for a new crew shelter at Apron A and a new guard house at Apron D. Apron A is located at 616 W , Perimeter Rd, at the Renton Municipal Airport and Apron D is located at 737 Logan Ave. N, the Boeing Plant Site. Both site are located within the Shoreline Jurisdiction of the Cedar River, Reach I A, designated as Shoreline High Intensity. Apron D is zoned UC -N2 and Apron A is zoned IM. The area of work would be 580 SF and no work would occur within 100 feet of the Ordinary High Water Mark (OHWM) of the Cedar River. The new crew shelter would be 360 SF in size and the guard house would be 120 SF in size for a total of 480 SF on new buildings. No new impervious surface would be added to the area and no trees and/or existing vegetation would be removed as a result of the proposed project. The applicant provided a Stream Study, Habitat Data Report, Drainage Report and a Lighting Impingement Study with the application. Location: 737 Logan Ave N & 616 W Perimeter Rd Comments: ............... . ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Boeing Corp. ADDRESS: 737 Logan Ave In. CITY: Renton ZIP: 96055 TELEPHONE NUMBER: (206 617-2944) APPLICANT (if other than owner) NAME: Mark Clement COMPANY (if applicable): Boeing ADDRESS: PO box 3707 MS 1W-09 CITY: SEATTLE ZIP: 96124 TELEPHONE NUMBER 206 617-2944 CONTACT PERSON NAME: Mark Clement COMPANY (if applicable): Boeing Co. ADDRESS: 737 Logan Ave n. CITY: Benton ZIP: 98055 TELEPHONE NUMBER -AND E.TWAIDDRESS: 206 617- 2944 Mark.d.clementfboeinp6om PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME Renton Apron A& O New Crew Shelter & Guard house PROJECT/ADDRESS(S)/LOCATION AND ZIP 737 Logan Ave n Renton WA 98055: 616 W Perimeter Rento WA 98055 Leased KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0723059001 Boeing , 0723059007 Leased EXISTING LAND USE(S): Manufacturing PROPOSED LAND USE(S): Manufactoring EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: UCN PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NA EXISTING ZONING Urban Center north 2 PROPOSED ZONING (if applicable): same as existing SITE AREA (in square feet): 6,618,761 sq. ft, leased- 467,809 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED:none SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA NUMBER OF PROPOSED LOTS (if applicable): NA Q:web/pw/dmery!forms/planning/masterapp.doc 1 06/03/15 PRO, T INFORMA NUMBER OF NEW DWELLING UNITS (if applicable): NA NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (it applicable): 360 Cr. Shlt., Grd. Shk. 80 = 440 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA TION continue PROJECT VALUE: $ 104,240 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES 116,000 _ sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the following information included) SITUATE IN THE _ne QUARTER OF SECTION 7_, TOWNSHIP _23n_, RANGE -5e_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. _ X Shoreline exemption 2. I — 4. Staff will calculate applicable fees and postage: $ Billed I, (Print Name/s) 11 i T1 V I I e I ' 41'4 1 , declare that I am (please check one) the current owner of the property involved in this application o the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herei ntained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that l know or have satisfactory evidence that M "W_ signed this instrument and acknowledged it to be his/her/their tree and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Representative) 14, A' Notary Public in and for the State of Washington Notary ll (Print) l -1. �.. My Appointment Expires: c Q:web/pw/devsery/forms/planning/maslcrapp.doe 2 SLY Nom, f�a *0 T.{+fi��j�.� � A L*orp G r'►� h+ASHEN 06/03/15 DEPARTMENT OF COMMUNITY City of }} AND ECONOMIC DEVELOPMENTL' C'.,' U WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Arborist Report 4 Architectural Elevations 3AND4 Biological Assessment 4 Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2AND4 Deed of Right -of -Way Dedication 1 Density Worksheet 4 Drainage Control Plan 2 Drainage Report z Elevations, Architectural 3 AND 4 Environmental Checklist 4 Existing Covenants (Recorded COPY).1 AND 4 Existing Easements (Recorded Copy) 1 AND 4 Flood Hazard Data 4 Floor Plans 3AND4 Geatechnlcal Report2AND3 Grading Elevations & Plan, Conceptual a V Grading ELeysIlLons & Plan, Detailed 2 Habitat Data Report 4 Dn 7dsi ski improvement Deferral 2 Irrigation Plano PROJECT NAME: hpnt A A I DATE: 4'a/j'<-'- I H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs.docx Rev: 02/2015 IF LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: COMMENTS: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual rcuic� ' Landscape Plan, Detailed 1(4 r) h Legai Description4 Letter of Understanding of Geological Risk 4 Map of Existing Site Conditions4 Master Application Farm 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTS) 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary 4 Public Works Approval Letterz Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2AND 4 Stream or Lake Study, Standard 4 Stream or Lake Study, Supplemental Stream or Lake Mitigation Plan 4 Street Profiles I Title Report or Plat Certificate 1AN04 Topography Map Traffic Study z Tree Cutting/Land Clearing Plana vc�J �'Dl/� e< �1�-I►�CfJ ' �C� Urban Design Regulations Analysis4 1X)(f M Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final Wetlands Mitigation Plan, Preliminary 4 2v2 G lie lUc1 HACE D\Data\forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs.docx Rev: 02/2015 Project narrative BOEING COMMERCIAL AIRPLANE GROUP RENTON WASHINGTON Renton Apron A& D New Crew Shelter & Guard house As part of the Renton plant transition from the 737 next generation Aircraft to the new MAX program, Boeing is bringing in a new Crew shelter & relocated guard shack on its existing aprons to support flight crew operations. [01111V 1717AR 7M, TTs7-71MW-T_.., - 616 W PERIMETER RD 98055 Renton airport (Leased) Parcel number 0723059007 2) New Guard house at Apron "D" 3) 737 Logan avenue north Renton WA 98055 Main Boeing Renton Manufacturing plant Parcel number 0723059001 Master use permit/ Shoreline permit. Zoning designation is Urban Center north 2. The Area of work size is 580 Scl ft. The Cedar River & Lake Washington are the Special site features. Sandy silt loam is the soil type. Drainage to Lake Washington is from private storm water system to multiple outfalls to Lake Washington. No work will be done in the 100 Ft Environmental Critical Area Buffer zone. Access to the project is 6T" Avenue North No proposed off-site improvements, or land dedications are part of the scope of this project. Total estimated construction cost and estimated fair market value of the proposed project is $104,240. The existing site is 100% impervious surface and no change will result due to the project. No trees or plantings are to be removed or disturbed as part of this project Contractor lob trailer will be located on or near project site Scope of work New Crew Shelter at A ron "A Installation of a new 360 sq ft (12'x 30' 14'6" high) crew shelter. New underground data and electrical utilities to the crew shelter: 50 If of W conduit for electrical pathway (above ground), 50 If of 1" conduit for data pathway (above ground) and 20 If of 2" conduit for data pathway (below ground). One new exterior amber hued directional light. Crew shelter will have ADA ramp. No new parking stalls, employees will use existing adjacent parking Anticipated dates of work: 9/9/2015 —11/2015 Nature of the existing shoreline: riverfront, channeled The project will also have a new smaller guard house relocated from a temporary location and installed on Apron D. *The old 10'x 12' guardhouse will be removed due to obstruction with the wings of the new larger 737 max aircraft as it taxis through the apron. One new exterior amber hued directional light will be installed. *The new guard house is 8o sq ft (8" x 10 "by 8' 6" high) with new data and electrical utilities: Reroute 20 LF of existing V conduit for electrical pathway at the guard shack. The net decrease in *structures is -40 sq ft due to the new smaller guard shack in Apron D Anticipated dates of work: 9/9/2015 —11/20/2015 Nature of the existing shoreline: riverfront, channeled 1601 Fifth Aw nue. SL11te 160(7 Seattle, 4VA 98101 206,622.5822 kpff.corn lqjff June 2, 2015 Mark Clement The Boeing Company 998 Logan Ave N Renton, WA 98057 Subject: Boeing Apron A and D Crew office and Crew Shelters Shoreline Development Permit Existing Special Exceptions Dear Mark: This letter is in regards to your request for KPFF Consulting Engineers to assess whether certain special exceptions associated with the Boeing Renton property pertain to the proposed project to construct improvements on the Boeing Renton property. The special exceptions in question are numbered 21, 22, and 26 on the title report by American Title Agency for the Boeing Renton Property dated February 12, 2008. These exceptions may be covenants, conditions, restrictions and/or easements that are associated with the property or adjacent properties formerly owned by Boeing. The proposed project (Project) consists of constructing a crew office and crew shelter at Apron D and a crew shelter at Apron A in accordance with the shoreline development permit plans submitted with this letter. The following is our interpretation regarding the Project and the special exceptions in question: SPECIAL EXCEPTION 21— RECORDING NO. 20001117000535 This document contains covenants, conditions, restrictions, and easements pertaining to maintaining access through a development to the northwest of the intersection of Lake Washington Blvd. N and Houser Way North located adjacent to the Boeing Renton Facility. The access easements pertain to private driveways within that development and are not located in the vicinity of the Project. Findings: The Project does not conflict with Special Exception 21. .. t Mr. Mark Clement June 2, 2015 Page 2 SPECIAL EXCEPTION 22 — RECORDING NO. 200011 T 7001354 This document contains covenants, conditions, and restrictions pertaining to proposed commercial developments adjacent to the Boeing Renton facility that are located on former Boeing property. The document secures the right for Boeing to review and approve development plans within the areas defined in the document. The Project is proposed by Boeing and occurs on Boeing property, so this document does not apply to the Project. Findings: The Project does not conflict with Special Exception 22. SPECIAL EXCEPTION 26 — RECORDING NO. 20041228001871 This document pertains to commercial developments adjacent to the Boeing Renton facility bounded by Logan Avenue N, Park Avenue N, N Sth Street, and Garden Avenue N. The document restricts the type of development that may occur and allows Boeing access to the property for accessing monitoring wells, and other similar covenants, conditions, easements, and restrictions within the aforementioned bounds. The Project occurs outside the bounds of the document and furthermore, is proposed by Boeing and occurs on Boeing property, so this document does not apply to the Project. Findings: The Project does not conflict with Special Exception 26. Please feel free to contact me at 206-926-0420 if you have questions or with to discuss this further. Ir Fiji I M --M Scott Meurn, PE Associate Initials -SSM 115132 cc: Alexander Clark, AIA, Rolluda Architects CONSTRUCTION MITIGATION DESCRIPTION Boeing Commercial Airplane Group Renton, WA Renton Apron A& D New Crew Shelter & Guard house Proposed Construction Dates & Times: The proposed construction schedule will begin in Early September 2015 and end in late November 2015. The work will be accomplished during daylight hours, typically starting at 7:OOAM and completing at 4:OOPM, Monday through Friday. No late night hours are proposed for construction and hauling activities. Potential Saturday hours may be required. Construction Description & Work Plan: 1) The project consists of an installation of a new 12' x 30'12' High crew shelter with new underground data and electrical utilities. The Crew Shelter will be equipped with an exterior amber hued directional light and a ADA ramp. 2) The project will also have a new smaller guard house relocated from a temporary location and installed on Apron D. The old guardhouse will be removed due to obstruction with the wings of the new larger 737 max aircraft as it taxis through the Apron. The new guard house is 8" x 10 "by S' 6" high with new data and electrical utilities. Construction Mitigation Measures & Best Practices: All activities will begin with the implementation and installation of Best Management Practices (BMP)). These practices include: Proposed Hauling/ Transportation routes Contractors will apply for their own hauling permits related to this project. And will follow a city approved route. Construction. The actual Construction will be accomplished by a Construction contractor. The contractor will call for all required inspections, as well as site pre -construction meeting. The contractor will keep records of any special inspections at the construction site Storm Water Construction will start with the implementation and installation of Best Management Practices (BMP) for Temporary Erosion and Sedimentation Control (TESC) under supervision of Boeing Environmental personnel, All storm water drain inlets in and around the proposed construction operations and staging areas will be surrounded by oil absorbent padding to mitigate the potential of any hydraulic/fuel leakages emanating from construction machinery entering the watershed Snow Ice dirt and mud removal Contractor shall remove snow and ice to the extent necessary to perform the work. The use of calcium chloride or other chemicals will not be permitted to remove snow or ice. Contractor shall assure that vehicles are constructed, loaded, maintained and covered as necessary to prevent the deposition of dirt, mud or other debris on public roadways. Dirt mud or debris shall be removed on continual basis. Any dirt, mud or debris dropped by vehicles shall be removed immediately. Dust Control Through the entire construction period the Contractor shall take all necessary steps to dust control all working area and unpaved roads. The use of calcium chloride or other chemicals will not be permitted for dust control. The Contractor will accomplish dust control by watering and sprinkling to satisfactorily settle the dust. Contractor shall comply with any requirements imposed by law to prevent fugitive dust emissions. All demolished materials and debris will be stockpiled on site to prevent dust and sedimentation from migrating onto roadways. Contractor vehicles that are transporting materials to and from the site will be required to have tires washed prior to leaving the site. This will prevent dust and sedimentation from entering nearby roadways. Environmental Protection All motorized construction equipment will be inspected daily for petroleum/hydraulic fluid leaks and any leaking equipment will be removed from the site for repair. Drip pans/pads will be placed beneath motorized construction equipment left on site for the duration of the project. A spill kit will be kept on site to contain and clean-up any chemical/petroleum spills Airport Mitigation A pre construction meeting will set up with the Airport personnel. The contractor will set up visual controls, and FOD* controls including a FOD* fence. *Foreign Object Debris Washington - Renton North 8th and Logan Avenue North, Renton, WA 98055 Revised 04-21-15 Copyright 2015 z The Boeing Company. All rights reserved 51 52 j 54, . 55 From Y. From Seattle -' _ �- m 445 Bellevue LAKE WASHINGTON z ° z A 4 `firo _ y '" � �� FRIT 4-04 Medical `. v Boeing Clinic North sareq A Bridge N Fq ° From Issaquah 191 Walking baild 2.0 miles rt'�o 10-4 y •,irti my �r !JZ 1 Boeing Employees 1 n"44 4 -ALA 4 x ... 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IRW-,F' Revised 04-21-15 Copyright 2015 z The Boeing Company. All rights reserved o z L F- c) z <�� �pE�CO2 OQ dF w con �o ww C` a O pa aa��pUF-F..aw U<J<pww�w w0 c) Ln vi cn COLO H a � � W • • • • s • • • • • • p p per,., O a..� zUaU � A a W O O Q C7 � Z O oo O opo Wooer Ha o a � Z6Ta a a wlP-4 d a �WWo WU .r 11HUHs Cl'dVnD DMISIx9 V1 9 0 z w0 O ww� waa, r�OA H �Q SAO Odd pW��Q� C.7F 1.4 QOw aU ,w] 0 wlP-4 d a �WWo WU .r 11HUHs Cl'dVnD DMISIx9 O 9Y:;1 SI/9ZA0 :ICL*14M4A V1 9 0 O A O 9Y:;1 SI/9ZA0 :ICL*14M4A V1 9 0 4 C3 0 Q L 5 Boeing Renton Aprons D and A Crew Shelters, Tool Cabanas, and Office TECHNICAL INFORMATION REPORT May 2015 1 Preliminary Report icpff TECHNICAL INFORMATION REPORT May 2015 Prepared for: Boeing Company AND Roll uda Architects 105 South Main Street, Suite 323 Seattle, WA 98104 Prepared by: KPFF Consulting Engineers 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 Contact: Scott Meurn, PE (206) 622-5822 KPFF Job No. 115132.20 Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects i KPFF Consulting Engineers Table of Contents 1 . Project Overview............................................................................................................................1 10. Operations and Maintenance Manual...........................................................................................6 List of Figures Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rol luda Architects I11 ExistingConditions...........................................................................................................................1 DevelopedConditions......................................................................................................................1 2. Conditions and Requirements Summary.....................................................................................2 3. Offsite Analysis..............................................................................................................................4 4. Flow Control and Water Quality Facility Analysis and Design..................................................5 ExistingSite Hydrology.................................................................................................................... 5 DevelopedSite Hydrology................................................................................................................5 PerFomanceStandards.....................................................................................................................5 FlowControl System................................................................ ................................................... 5 WaterQuality System....................................................................................................................... 5 J. Conveyance System Analysis and Design..................................................................................5 6. Special Reports and Studies.........................................................................................................5 7. Other Permits..................................................................................................................................6 V. CSWPPP Analysis and Design......................................................................................................6 ESCPlan Analysis and Design.............................................................. ....... ---..... .......... ....... ......... 6 SWPPSPlan Design........................................................................................................................6 9. Bond Quantities, Facility Summaries, and Declaration of Covenant........................................6 BondQuantities Worksheet......................................................... .................................................... 6 Flow Control and Water Quality Facility Summary Sheet and Sketch ..........................6 Declaration of Covenant for Privately Maintained Flow Control and WQ Facilities .........................6 Declaration of Covenant for Privately Maintained Flow Control BMPs............................................6 10. Operations and Maintenance Manual...........................................................................................6 List of Figures Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rol luda Architects I11 List of Tables Table 1-1: Project Area Impact Summary .........................................................................................2 Table 2-1: Core Requirements, Applicable City Code Section..........................................................3 Table 2-2: Special Requirements, Applicable City Code Sections.....................................................4 Appendix Appendix —Vicinity Map, Flow Charts, Site Maps KPFF Consulting Engineers iv 1. Project Overview The Boeing Renton Aprons A and D Crew Shelters, Tool Cabanas, and Office project is located in the City of Renton, adjacent to the Renton Municipal Airport. The site is positioned in the lower Cedar River drainage basin, south of North Sixth Street and east of Logan Avenue North. The project consists of installing a two- story office trailer, a crew trailer, a tool cabana, and relocating a guard shack on Apron D and a crew trailer and tool cabana on Apron A. The project will include connecting electrical, data, sewer, fire protection, and water services to the office trailer on Apron D. The utilities will be connected to the office trailer through an underground trench. Utilities to other structures will be installed above -ground. See The Appendix for a vicinity map. EXISTING CONDITIONS The existing site is comprised of a concrete apron, with an asphalt access road along the perimeter of the concrete apron. The existing site falls within the lower Cedar River drainage basin along the Cedar River. The site is relatively flat and the office trailer and the crew trailer are located outside of the 200 -foot shoreline setback. Stormwater for the apron is collected in a series of catch basins and routed to the northeast corner of the site. DEVELOPED CONDITIONS The proposed redevelopment proposes to install the new structures on top of the existing concrete apron precluding the need to construct footings_ Utilities will be routed underground and connected to the office trailer. Stormwater flow and collection methods for the redeveloped site will remain similar to existing conditions; the proposed structures will replace the existing pollution generating impervious surface with new non -pollution generating impervious surface. See Table 1-1 for a summary of the project impact areas. Boeing Renton Aprons D and A Grew Shelters and Office — Boeing and Rolluda Architects Table 1-1: Project Area Impact Summary Replaced impervious surface replaces pollution generating impervious surface with non -pollution generating impervious surface in all cases. 2. Utility trenches are exempt from stormwater requirements and are excluded from the impact areas. 2. Conditions and Requirements Summary According to Figure 1.1.2.A of the City of Renton's Surface Water Design Manual Amendment, the Full Drainage Review, section 1.1.2.3 is required. Core Requirements No. 1 through No_ 8 and Special Requirements No. 1 through No. 6 apply to the replaced impervious surface. See the Appendix for a highlighted decision path of Figure 1.12_A Following is a summary table of the Core Requirements and Special Requirements and further explanation in accordance with Renton City Code section 4-6-030-3. KPFF Consulting Engineers 2 Replaced Proposed Impervious Surface(1, 2) Improvements s ft Apron D Crew office 2,323 Crew shelter 507 Cabana tools 285 Relocated guardhouse 125 Apron D Subtotal 3,240 Apron A Crew shelter 519 Cabana tools 287 Apron A Subtotal 806 Total Replaced Impervious Surface 4,046 Replaced impervious surface replaces pollution generating impervious surface with non -pollution generating impervious surface in all cases. 2. Utility trenches are exempt from stormwater requirements and are excluded from the impact areas. 2. Conditions and Requirements Summary According to Figure 1.1.2.A of the City of Renton's Surface Water Design Manual Amendment, the Full Drainage Review, section 1.1.2.3 is required. Core Requirements No. 1 through No_ 8 and Special Requirements No. 1 through No. 6 apply to the replaced impervious surface. See the Appendix for a highlighted decision path of Figure 1.12_A Following is a summary table of the Core Requirements and Special Requirements and further explanation in accordance with Renton City Code section 4-6-030-3. KPFF Consulting Engineers 2 Table 2-1: Core Requirements, Applicable City Code Section Requirement Code Section CR1 4-630-E3a Followed in accordance with City Code CR2 4-6-030-E3b Followed in accordance with City Code CR3 4$-030-E3c Peak Rate Flow Control Standard — Matching Existing CR4 4-6 030-E3d No Change in Flow Characteristics CR5 4-6-030-E3e No Earth Moving Activities CRIB 4-6-030-E3f Drainage Facility to be Maintained by Private Party CR7 4-6-030-E3g Not Applicable CR8 4-6-030-E3h Followed in accordance with City Code Core Requirement No. 1 - Discharge at the Natural Location No new storm drainage systems are anticipated. Surface storm flows will not be impacted by new modular structures. Core Requirement No. 2 - Offsite Analysis The project is exempt from offsite analysis following exemption No. 3: the project does not change the rate, volume, duration, or location of discharges to and from the project site. Core Requirement No. 3 - Flow Control The project falls within the Peak Rate Flow Control Standard area, see the Flow Control Application Map in the Appendix. The facility requirement for this project is waived from Core Requirement No. 3 following the exceptions listed in the Surface Water Design Manual Amendment. Core Requirement No. 4 - Conveyance System No new storm drainage systems are anticipated, existing onsite conveyance systems are not anticipated to experience a change in flow characteristics, and the existing system does not need to be analyzed for conveyance capacity per Renton Surface Water Design Manual Amendment. Core Requirement No. 5 - Erosion and Sediment Control No earth moving activities will be taking place for this project. An ESC plan will be prepared as part of the building permit documents - Core Requirement No. B - Maintenance and Operations A Maintenance and Operations manual will be prepared for the final drainage report. There are no permanent drainage facilities being constructed as part of the proposed project. Core Requirement No. 7 - Financial Guarantees and Liability Not Applicable — the proposed project does not create any permanent drainage facilities. Boeing Renton Aprons Q and A Crew Shelters and Office — Boeing and Rolluda Architects 3 Core Requirement No. 8 - Water Quality The project is exempt from the water quality core requirement following No. 1 Surface Area Exemption: the project adds less than 5,000 square feet of PGIS. Table 2-2: Special Requirements, Applicable City Code Sections Special Renton City Requirement Code Section SR 1 4-030-E4a Remarks SR2 4-6-030-E4b SR3 4-6-030-E4c Followed in accordance with City Code SR4 4-6-030-E4d Not Applicable 5R5 4-6-030-E4e Not Applicable SR6 4-6-030-E4f Followed in accordance with City Code Special Requirement No. 1 - Other Adopted Area -Specific Requirements Not applicable Special Requirement No. 2 - Flood Hazard Area Delineation The project is outside the floodplain. See FEMA Flood map in The Appendix - Special Requirement No. 3 - Flood Protection Facilities The proposed project does not rely on an existing flood protection facility for protection, or modify or construct a new flood protection facility. Special Requirement No. 4 - Source Control Not Applicable -The proposed construction will not create new sources to control. Special Requirement No. 5 - Oil Control Not Applicable—The project proposes no new PCIS. Special Requirement No. 6 - Aquifer Protection Area The proposed project fails outside of Zone 1 and Zone 2 of the aquifer protection area. See The Appendix for aquifer protection area map. 3. Offsite Analysis The proposed project meets the exemptions outlined in section 1.2-2 of the Renton Surface Water Design Manual Amendment- No action is proposed for this project. KPEF Consulting Engineers 4 4. Flow Control and Water Quality Facility Analysis and Design EXISTING SITE HYDROLOGY The stormwater for the existing site is captured by a series of catch basins along the perimeter of Apron D and conveyed to the west side of Apron D, where the stormwater is transported north along the Cedar River Trail. There are a series of catch basins throughout the Apron that capture stormwater at the aircraft parking areas. See The Appendix for a map of the storm drainage. DEVELOPED SITE HYDROLOGY No new storm drainage systems will be added for this project. The proposed project will not impact existing surface storm flows. PERFOMANCE STANDARDS Not Applicable to this project. FLOW CONTROL SYSTEM Not Applicable to this project. WATER QUALITY SYSTEM Not Applicable to this project. 5. Conveyance System Analysis and Design The proposed project does not add any additional storm drainage systems to the existing onsite conveyance system. It is anticipated that the existing onsite conveyance system will not experience a change in flow characteristics as a result of the proposed project. (Following the requirements laid out in section 1.2.4.2 of the Renton Surface Water Design Manual Amendment, the existing onsite conveyance system need not be analyzed for conveyance capacity. The proposed project does not change the rate, volume, duration, or location of discharges to and from the project site, and is exempt from section 1.2.2 Core Requirement No.2 of the Renton Surface Water Design Manual Amendment, therefore, the existing offsite conveyance systems need not be analyzed for conveyance capacity. 6. Special Reports and Studies Not applicable to this project. Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects 5 7. Other Permits BUILDING PERMIT ELECTRICAL PERMIT PLUMBING PERMIT 8. CSWPPP Analysis and Design ESC PLAN ANALYSIS AND DESIGN An Erosion and Sediment Control plan will be prepared as part of the building plans. SWPPS PLAN DESIGN Not Applicable to this project. 9. Bond Quantities, Facility Summaries, and Declaration of Covenant BOND QUANTITIES WORKSHEET Not Applicable to this project. FLOW CONTROL AND WATER QUALITY FACILITY SUMMARY SHEET AND SKETCH Not Applicable to this project. DECLARATION OF COVENANT FOR PRIVATELY MAINTAINED FLOW CONTROL AND WQ FACILITIES Not Applicable to this project. DECLARATION OF COVENANT FOR PRIVATELY MAINTAINED FLOW CONTROL BMPS Not Applicable to this project. 10. Operations and Maintenance Manual Not Applicable to this project. KPFF Consulting Engineers 6 Appendix Vicinity Map, Flow Charts, Site Maps Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects Appendix I 3 3 h L � 1� fX7 EYti •� • � , • • f r k '� ,�, •fir a � ^- � M F•. _ w..w....ar �'r ' "'.moi° = ! •Y •�'�" , �T �� �-''�'� , • rr � fI a 5 . � 1 � f .. � i r d a� �t� � • 1'�#E k J 'e? `� Via. _....� f'�.�ry�;� m� � � w T� 'r 1, .� r BOEING RENTON - Apron D Site a 1.073 D 592 1.023 FW Wr.S-1 WW Web_ Mersakx_:u,wlisry_Sphere city of Finance & CC Division KPFF Consulting Engineers Appendix Legend Agvder Protection Zonas snarcimr ,yr :rtmrLy ii 1✓+a r ❑ Sharolirto laoaEad H,gh lr•nro:t ■ J_n. 11.v.,arw 0 Slw�reline kn,rtenw. ubar, c�r,a�n.,rt-� ® FimAway JURSd�GPGRS ® Special Flood Hazard Areas (I pp Streams (Classified) year Nutt) Slope Qty of Renton o'YWVwppo,taReMurrva 1!2015 THIS MAP IS NOT TO BE USED %Ofi NAVIGATION FIGURE 1.L2.A FLOW CHART FOR DETERMINING TYPE OF DRAINAGE REVIEW REQUIRED Is the project a single family residential project that results in ?2,000 sf of new andior replaced impervious surface or >7.000 sf of fond disturbing activity. AND meets the following critena? • The protect results in 1 5,000 sf of new impervious surface. and -.35,000 st of new pervious surface Na Does the new or rudevelloiltiwAM project result in 22,000 sf of now andlor ropkeed imparWom surbee or =35,000 sf of new pervious surface's Yes SMALL PROJECT DRAINAGE REVIEW Section 1.1.21 Nob The art 0e may aieo be "411111110 to 7'M OW01W ReO w as detem*sed below. Yes Does the project have the characteristics of one or more of the following categories of projects (see more detailed threshold language on p 1-13)? 1. Projects containing or adjacent to a flood. erosion, or steep slope hazard area or documented drainage problem; projects within a landslide hazard area or landslide hazard drainage area; or No projects that propose X7,000 sf J ac if project is in Small Project Drainage Review) of land afsturbing actrvify. 2. Projects proposing to cons&== or modify a drainage pipelditch that is 12' or larger or mcerves runoff from a 12' or larger drainage pipeldilch. No Reassess whether drainage review is required pef Section 1.1.1 (p. 1-8). Does the project result in '50 acres of new impervious surface within a subbasin or multiple subbasins that are hydraulically connected? Yes Yes TARGETED DRAINAGE RFVIEW Section 1.1.2.2 LARGE PROJECT DRAINAGE REVIEW SecBm 1.1.2.4 Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects Appendix TABLE 11J.A SUMMARY OF FLOW CONTROL PERFORMANCE CRITERIA ACCEPTABLE FOR IMPACT MITIGATION" IDENTIFIED PROBLEM DOWNSTREAM No Problem Identified Apply the minimum area - specific flow control performance criteria. AREA -SPECIFIC FLOW CONTROL FACILITY REQUIREMENT Peak Rate Flow Control Standard Areas Apply Pw& Rate Flow Control Standard yrhRJt matchm the 2-, 10 , and 104 -year peaks. Flow Control Duration Standard Matching Existing Condition Areas Apply the Flow Control Duration Standard, which matches the flaw duration of pre - developed rates for existing site conditions over the range of flows extending from 50% of 2 -year up to the full 50 -year flow. Flow Control Duration Standard Matching Forested Condition Areas Apply the Flow Control Duration Standard, which matches the flow duration of pre - developed rates lot forested (historic) site condifrons over the range of flows extending from 50% of 2 -year up to the full 50 - year flow. Flood Problem Flow ontrol Standard Ares Apply the existing or historic site conditions Flow Control Duration Standard flow control standard (whichever is appropriate based on downstream flow control areas) AND match existing site conditions 100 -year Type 1 Drainage Problem Additional Flow Control Additional Flow Control No additional Row No additional Now Conveyance System Hold 10 -year peak to The City may require control or other control or other Nuisance Problem overflow T peak""" design adjustments to mitigation needed. mitigahm needed. meet the Flow Control Duration Standard matching forested {historic) conditions. Type 2 Drainage Problem Seven Erosion Problem Type 3 Drainage Problem Severe Flooding Problem Potential Impact to Wetland Hydrology as Determined through a Critical Area Review per RMC Title N Apply the Flow Control Duration Standard matching forested Nstoric) conditions.^•' Apply the Flow Control Duration Standard matching forested (btatoric) conditions. If flooding is from a dosed depression, make design adjustments as needed to meet the 'special provision for closed Aa.vacci— The City may require design adjustments per the wetland hydrology protection guidelines in Additional Flow Control Apply the Flow Control Duration Standard matching forested (historic) conditions. 3' AddiWrral Flaw Control Apply the Flow Control Duration Standard matching forested (histortc) conditions. If flooding is from a dosed depression, make design adjustments as needed to meet the 'special provision for closed tlaneae.1— -oKs- Additional Flow Control The City may require design adjustments per the wetiand hydrology protection guidelines in Reference Section 5. No addirional flow conlrof is needed, bur other mr'ligation may be needed. 41 Additional flow Control If flooding is from a closed depression, make design adjustments as needed to meet the "special provision for closed depressions. "3,3-. Additional Flow Control The City may require design adjustments per the wetland hydrology protection guidelines in Reference Section 5. No additional flow contrui is needed, but other mifiga6w may be needed"," Additional Fkm Contrni If flood" is from a closed depression. make design adjustments as needed to meet the "sper:iai provision for dosed depressioss'ls;sk Additional Flow Control The City may require design adjustments per the wetland hydrology protection guidelines in Reference Section 5. Notes: 0I More than one set of problem -specific performance criteria may apply if two or more downstream drainage problems are identified through offsite analysis per Core Requirement #2. If this happens, the performance goats of each applicable problem -specific criteria must be met This can require extensive, time-consuming analysis to implement multiple sets of outflow performance criteria if additional onsite flow control is the only viable option for rniligating impacts to these problems. In these cases, it may be easier and more prudent to implement the Flaw Control Duration Standard matching forested condWons in place of the otherwise area -specific required standard. Use of the Flow Control Duration Standard matchMg KPFF Consulting Engineers Appendix Flaw Control V x�r 0 Q Application 1 2 Miles Date. OVOW2014 Map P - - ;, , m. Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Roiluda Architects Appendix J = f Wellfield Capture Zones Aquifer Protaction Area Zones m I� � [Tne Year CapN•e Pone .,� Zolie 1 I � Frve Year Capture Zone � Zu•ie 1 i1wTf rl �• ♦ © Ten Yea CaP�e Zme _ : Zona 2 Cedar Valley Sok Source Network Structure % 1 Aquifer Project Review Area proauctO well r mom` 5mra�.�fiow Swrrr Area Sp-qb—k Springs celrvvwy Sae SOwoe Aplder l..__.l aeewn cey wnaa pOI"ial Arr -ton Area Groundwater Protection Areas Dale: 01!0912014 N Miles KPFF Consulting Engineers Appendix �zyrNs� fA 41 JL 41 Soil Survey Date QVC9;2014 0 1 2 imm Miles Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects Appendix 9011 Ty" :.aS 1 rtPc %Y y^ 1 _ _ kr �:.M V.eLr.cn Nart.::R • iii M7 '38.t! ESL: .[w;__'A �J J� 15i ', f.. r✓� .fir �. 4c�M a.,wrw0 Mw 2—'. MoeNA -.kF "e:e Pr 'w �, � i.Me •.c rn � e.r. � x V[ _ � y fA 41 JL 41 Soil Survey Date QVC9;2014 0 1 2 imm Miles Boeing Renton Aprons D and A Crew Shelters and Office — Boeing and Rolluda Architects Appendix s KPFF Consulting Engineers Appendix tt FIRM �t\'i:UHI`�1Nn'TRI1 APi'.13 ruE } M Vri '_� YII IFI S'llTM11 i YY FYSLL LAG --10--001 GROUND AND BUILDING LEASE Between City of Renton and The Boeing Company THIS GROUND AND BUILDING LEASE (hereinatler "Lease") is inade and entered into this I" day of June. 1-010 by and between THE CITY OF RENTON, a Washington municipal Corporation (hereinattcr "I-andlord") and The Boeing Company, a Delaware Company (hereinafter "Tenant"). FOR VALUABLE CONSIDERATION and in consideration of the covenants and agreements set forth in this Lease:, Landlord and Tenant :agree as follows: 1. GRANT OF LEASE: l.a. heal Deserintion and Resm;ation of Easernent: 1,andlord hereby leases to Tenant, and Tenant leases from Landlord for the Term de,cribCd in Section .1 'below, the parcels of land and, where applicable the buildings and other improvements associated therewith. shown on the: following Exhibits with the Lease Maps and legal Descriptions and Bracing Building Numbers_ Exhibit "A" - Lease: Parcel 5-08, 5-0e} Building Exhibit "S" - Lease Parcel 5-50 and S-50 Building; Exhibit "C" - Lease Parcel Aircraft Positions A4 through A-9 & Compass Rose Exhibit "D*'- Lease Parcel North Bridge Access Fxhibit "E" Apron B Exhibit,,F" Boeing Substation B-1 Exhibit "G" Lease Marcel f=uel FarrnloBudding; 5-45 Each of these Exhibits are attached hereto and incorporated herein by this reference (hereinafter. "Premises'")- Lh. C oyntnon Areas: Tenant. and its auth+ hied represenlatives, mbleri ants - <as S ignee , agents, itavitees, :and lic:ensces. shall have: the rii ltt to use, in common with others, on �a nmi-exclusivc: Nasi,, and subject to the Airport Regulations rind 'slitilmum Standards (as they may he amended From time: to time) pursuailt to Section X(e), the public i-wrtion of the Renton =Llurlic:ipal airport (Aka C'laytoo Scott Field, Ilereinafter rJerrcci tet gas "Airport"), including the runway and other public f<acitities Provided thereon. n,.tca t11r I uii} 4E�Jl ,et �,a°its �4.e.� ;4 4. ; I I1 !t! t 11 Lb.l Notwithstanding anything in this Lease to the contrary, Landlord acknowledges that direct access to the taxiways and runway fro n the .Prerniscs is essential to the conduct of Tenant's business on the Premises and, except, ,;luring construction activities occurring on the taxiways, runway or weather related events, Landlord shall ensure that Tenant and its representatives, suhtcnants, assignees, a.getits, invitces, and licensees have direct access to the taxiways and runway at all tin►es during the Tern? (and the parties hereby agree that the Throw the Fence Access Agreement set out in Attach.tncrit A, which is attached to this [ease and by this reference made a part of this Lease, contains the agreement of Landlord and Tenant with respect to such access by Tenant), PROVIDED that if Landlord plans any construction activity on the taxiways or runway, Landlord Will sehadule such activity so as not to interfere with Tenant's use of the Premise's, the taxiways, or the runway, will notify Tenant of any plans for such activity not less than six months in advance of the conune;nccrrtcnt of such activity. and, will consult and ccacardinate with Tenant to ensure that such activity does not interfere with Tenant's use of the Premises. the taxiways, or runway, except that in the case of an emergency Landlord may proceed with such activity without notice to the Lessee and will use its hest reasonable efforts not to interfere with-fcnant's use ol'the Premises. taxiway, or runway in addressing such ernergency. For purposes of this provision, an "emergency" is <a condition that presents an imminent threat of, bodily injury to or death of Tiny person or loss cif car signi ficant darnage to any property. 2, (ONDITIONS: 2.a, S ecific Conditions. This Lease, and Fen<ant's rights and permitted uses unclear this Lease, are subject to the following: 2,a.(l) Easements, restrictions and reservations of record, 2.a.(2) The Airport Regulations and Minimum Standards pursuant to Section 8(e). including Landlord's standards concerning operation caf aviation activities from the Airport, and 2.a.(3) All such nein-discriminatory chai-f es and fries fear use of the Airport as may he established from time to time by Landlord as scat out in Section 4.g of this Lease. 2_b. No Cnnveygiise ,uf: E it rt; This [_case shall in no way be deemed to he a c:onve;yanee of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport rxcept as described herein. The LandtWd r0Crves the 6SOlute right to lease or permit the use ofany portion of the Aii-port for arty purpose deemed suitable ti>r the Airport, except that portion that is [eared here:hy, provided. how-eve:r, that any such other lease;. use or purpose shall not interfcrc with Tenant"; ability to meet its obligations under Section c) of this Lease. ?.c. Nti iture of Landlord's Interest: It is cvpressly understood and 'tgre:.ed that Landlord holds and opvratc s the Airport, and the. Prtiinises under and subject to a grant and conveyance thercofto Landlord tirom the. U'nitcd States ofAmerica, aac.ting. through its Reconstruction Fiat"tnc-e. C otpc+ration, and sub ,I.Lct to all the reservations, restrictions, rights, conditions, and exceptions cit the United Staatc% therein and thereunder, which grant and conveyance has Leen tiled tOr record in l h_ 0�11(k;t (I'VI I.LItV JC11 1'IT"C111"AiI-Por titwui;�"r'[0;Ixe t`hani L-s-s+Io.. Io ;y the: office of (he Recorder cot' King County, Washington, and recorded in Volume 2668 of Deeds, Page 386, and further that Landlord holds and operate,, said Airport and Premises under rind subject to the State Aeronautics Act,, sof the State of Washington (chapter 165, laws of 1947), and atoy subsequent amendments, thereof or ;;ubsetluent legislation sof said state and all rules and regulations lawfully promulgated under any act for legislation adopted by the State ofWashington or by the United Mates or the Federal Aviation Administration, and subject to all of the foregoing. Landlord agrees that it will maintain the Airport as an airport and in the condition required for the: conduct of Tenant's husiness at the: Airport throughout the: Terni (as defined in Section .3b). It is expressly agreed that the Tenant also accepts and will holes and use this Lease and the: Premises subject thereto and to all contingencies. risks, and eventualities of or arising out of the foregoing, and if this Lease, its Tenn, or any conditions or provisions of this Lease art; or become in conflict with or impaired or defeated by any such legislation, rules, regulations. contingencies or risks, the latter shall control and. if necessary, modify or supersede any provision of this Lease affected therchy, all without any liability tin the part of, or recourse against, Landlord in favor sof Tenant, provided that Landlord does riot exceed its authority under the foregoing legislation, rules and regulations. ',d. Future Development/Funding: Subject always to'Fenant's rights undcx Section Lb, I cif this Lease, nothing; contained in this Lease shalt operate or be construed to prevent for hinder thy: future: development, improvements. or operation of Airport by Landlord, its agents. successors or assigns, or any department or agc.nc;y of the State of Washingon or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Municipal Airport. but no such action shall adversely affect Tenant's use of the Premises, the taxiway, or runway. 3. TERM: 3.a. Initial Term: The initial term of this lease (herein referred to as the "Tenn" subject to the provisions of Section 3.h) shall be for a twenty (1-0) year period commencing on June 1, 2010, (hereinafter "Commenccrnent Date"). and terminating on May 31, 2030 (hereinafter "ENpiration Gate"). The period frc_►ni June 1, 2010through May .,1, 2030 is so►neti►iies referred to in this Lease as the "Initial Tont". 3.h. Option to fio€te nd `fern. In the event that Tenant is not in default under this Lease beyond any applicable notice and cure pericod at the tithe Tenw►nt cxercises the right teo extend the "form, and provided the 't'i trtr of this Lease has not previously ternoinated pursuant to this i xa.,;e> then Tenant may extend the Tenn fior two (2) respective additional periods of ten (10) years each (rc,-Vcc3ive, the "f=irst Extension Option- and the; "Second Fxiension Opticoti') by delivering a cvnttcn notice to Landlord pursuant to Scolon 23. The period fiom .tune, 1, 4O O through May .? L 2040 is stotnetimc, referred to in this Losse- ,is the "First Extended Terns". The period trorn June: 1, 2(W0 through May 31, 221050 i�z s ovici ies, rcf'dr d to in this lease as the "Second tax vnded Terni". Hie First Fxtended Terlil ,111d the Second Extended Term ;ire sexmctirooes rcic:rred eco in this Leao;c indi,,idually or collwi,cly ars an "Extended Tc:rrn- or as the: -Extended Terms". The -Tern-t" as u4ed ill this I, Case simll mcluclu the Initial Term together with the F=irst f7Vended Term, iftho f=irst Extension Option is exercised, and the Second Extcridcd tcriox, if'thc e Second Extension Option is exercised, and the. Fxpiration Date shall he May 31, 2040, it'Tenant exercises the First Extension Option, and May 31, 2050, if Tcnant exercises the Second Extension Option. Rental: The amount Of MininIUM Monthly Rental to he paid during the First Fxtcnded Term shall he the Minimum Monthly Rental in effecl at the end of the: initial Term an([ the aniount of Minimum Monthly Rental to be bait] during the Second Extended Term shall he the Minimum Monthly Rental in etTect at the end of the: first Extended Tenn, but the Minimum Monthly Rental shall continue to adjust as described in Section 4.b during any Extended Tena. 3.b.2. Notice (if Desire to Extend Lease Tenn: Notice or "Ccnant's desire to exercise: either the First Fxtension Option or the Second Extension Option must be given not less than one f 11 year prior to the Expiration Date then in etkct, and shall conform to the re;quireincilts iii Section 23 (Notices). below. 3.b.3. Addendum: Upon the exercise of the First Extension Option or the Second Extension [option, Landlord and Tenant shall execute an Addendum to this Lease acknowledging the extension of the Term and the new termination (late, and lease rates, if applicable:. 4. RENT rA.ND FF[ --'S: 4.a. Minimum Monthly Rent. Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of eighty seven thousand, ,seven hundred fitly dollars and sixteen gents ($$7,7541.1(1) which amount is one -twelfth of the: Total Annual Rent shown in the chart below, PLUS Leasehold Excise Tax as described in Section 5, below without deduction, offset, priear notice or demand, payable promptly in advance on the first clay of each and every month during the: Term - All All such payments shalt he made to the Director of Finance, City of Renton, Renton Municipal .-airport, 616 West Perimeter Reuel, Unit A. Remon, Washington 914157, The Minimum Monthly Rent is compelled as lbllows: Exhibit( Lease PareelIBuilding Leased Description area (sq I ENhibit A 5-0815-09 Building and Lance �rnd Airvraft Position _ A -I Build'n- Exhibithibit E3 >-5t�! (See rae�tt� below') , LNilibit i3 Land and Anvratl 1 t"'819i Positions A-2 & A-3 (including Linc! under 5 -tit? -._______ Building) 4 2010 Rates M3 56,707 ,S] 53,6(g) Sa0.0 2, sy tl!v'T Annual Dent 5,56.707.00 S 15 3,600.00 Exhibit C Aircraft Position A-4 407,809 50.62'sq $290,041.58 through A-9 and Compass ft/yr Rase Exhibit D North Bridge Access �16.778 S0.62�sq S10,402.36 - W,- E.xhihit F: Apron B --- 167,829 S().621-'sq ft% S 104,053.98 Exhibit F Boeing Substation B-1 453 SO,62isq 4280.86 #tl r Exhibit G 545 Building (building X20,100 520,100 c7n1 ) Exhibit G 5-45 [,and (land only) 57,130 S0.62isq $35,420.60 ft/yr Tota[ Annual Rent = S1,053,001.90 plus Leasehold Excise 'Tax Noterelating to Exhibit 13: The Parties acknowledge that in 2f)i)9 and 1-010, the Tenant made a substantial capital investment in improvements to the; 5-50 Building, including, numerous alterations to the structure as well as lmprolvernents within the building, Tenant's financial investment as well as those improvements and Tenant's use of the building as a paint hangar have: made this a unique building. Pursuant to provisions in the prior lease., Renton will assume ownership of this building can :lune 1, 2010. So, while. Landlord will charge Tenant rent for its use, the Parties have agreed to treat this building differently from other building,-, in certain provisions of this Lease, 'The rental rate for the 5-50 Building shall adjust according to the terms set out in this paragraph 4, EXCEPT that in those years when the Minimum Monthly Rent is adjusted to the "then current market rent", pursuant to Paragraph 4.b.2, Wow, the parties agree that the: appraisal (or ether form of analysis to determine fair market rental) relating to the 5-50 Building shall evaluate the building as an aircratl hangar, and as if the improvements made by Tenant in 2009-2[)10, and described in Paragraph 4A. below, had not been made. However, the Parties agree that the condition of the building, as it is maintained by Boeing, shall be considered in the appraisal (car other tbrm of analysis) to determine the fair market rental. 4.h. Periodic Rental Adjustment: -Che Minimum Monthly Rent shall he subject to adjustment on the third (3"') anniversary cit the: C'ommenccment Date and every three years thereafter on the anniversary of the: Commencement Date (anv Of Whic11 shall hereinafter }3e, referred to as "Adjustment Date" and the anIOUnt tO Which the Minimum Monthly Rent is adjusted wet any Adjustment Date shall hereinafter be referred to as "Adjusted 'Oonthly Rent"? as tol laws: 4.b.1 Adiustin nt at Year 3. 9, and 1'i. As used in thi:� Section 4.17. 1. 1ncle.x" nicany (lie C°onsu ner Price Index for All Urban C ori,,urners f )r Seattle -.I ace ina-13retnct-ton All Reins (19,92-84=--100) (CPI -117) published by the I_`nited Stine-, Department of 1„Ik-lor, Bureau of Labor Stati.;tics, "Beginning Index” means the Index that is published nearest, but preceding, the Comstienccment Datc: aild ".ldiustsnent Index" nicans the Index 111M i4 h t ,Ic':I ri,;"tI"G°tz sic w--,IFSCTiI 31rll 1W1 13, w;,t g i C;rw C {+l ;(= i � I published nearest, but preceding, the first, third.. and tiflh Adjustment Date. respectively. "Preceding Index" means, with respect to the third and tifth Adjustment Date (that is, June 1, 2019 and June 1, 21125) respectively, the Adjustment Index that was published nearest, but preceding lite first and third Adju4tnncnt Date (that is, June 1, 2013 and June 1, 2019), respectively. For the Periodic. Rent Adjustment that occurs at the first Adjustment Date, if (lie Adjustment Index for such Adjustment Bate has increased over the: Beginning Index, the Minimum Monthly Rent payable ror the: follmving three (3) year period (until the next Adjustment Date.) shall he set by multiplying the Minimum Monthly Rent provided for in Section 4.a. (if this Lease by a fraction. the numerator erl' which is the Adjustment Index for �:vrch Adjustment Date and the denominator of which is the Beginning, Index. The product shall be the dMonthly onthly Rent tier the ensuing three: (3) year period. In no event shall the Minimum Monthly Rent determined pursuant to this paragraph be less; than the Minimum Monthly Rent sett forth in Section 4.a, of this Lease. For the Periodic Rent Adjustments th€et occur at the third and fifth Adjustmcnt Date, r'espectiv'ely, il'the Adjustrucrit Index published nearest, but preceding, such AeljushTIcnt Date has ittc'reased over the Preceding Index, the .Minimum 11vlonthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall he set by multiplying the then current Adjusted Monthly Re:nt.by a fraction, the numerator of which is tine New Adjustment Index and the denominator of which is the Preceding Index, The product shall be the Adjusted Monthly Kent for the ensuing three (3) year period. In no event shall the Adjusted Monthly Rent dctr:niiined pursuant to this paragraph be; less than the Minimum or Adjusted Monthly Rent established for the immediately preceding three: (3) year period. 4.b.2 Adjustment at Year 6, 12, and 14. For the Periodic Rent Adjustments that occur in years six (h), twelve (12), and eighteen (IS) (that is, effective .lune [, 2016, June 1 2022, and June: 1, 2028, respectively), Landlord and Tenant agree that the. Mininiunt lklonthly Rental shall he; adjusted to the then current fair market rent. As soon as is practical prior to the: relevant Adjustment Date, landlord shall[ advise Tenant of Landlord's opinion of the then current fair matrka rent for the Vrerni:;es. If Tenunt ag;rce s With such opinion, such rent shall be the: Ad.ju tc;d :Monthly Kent for the ensuing three (3) year period. It" rcriant disagrees with sv►ch opinlon, Tenant shall within thirty (30) days o1' Tenant's receipt e►f Landlord's opinion provide Landlord with Tenant's opinion of the then current firir market rent torr the Premises (arnd ifTenant has not receive(l Landlord's opinion prior to ;March I preceding the rcicr,ant Adjustment Date, Tchant may provide Larndford with Tenant's opinion of the then currentfair market rent for the Prcniises at any time prior t►► the rclevatnt Adjustment Martz). If Landlord agrees cv-ith Tenant`s opinion, such rent shall be the Adjusted Monthly Rent tc►r the ensuing three (z) year period. It` the: parties have not argrced in vtiviting on the fair market rent tier the Pi,einisc s on or hett)re the applicable Acijusunent fate, the parties shall use: thy: procedure specified iti Section ;4.c io resolve such disputc, Wicnever the: Adjusted ',,I mthly stent is determined pursuant to this. Section 4,b.2 after the: relev-arrt AdJu,,linent Date. Temint sharlf F t� �xntL;a (Bell,t;ity E j),TlnWil`,:.ark ort lit ona W (sill Z continue to pay the Monthly Rental that was in effect immediately prior to the relevant Adjustment Date and the Adjusted Monthly rent, once it is determined, shall be effective retroactively to the relevant Adjustrncnt Date and the parties shall make the necessary adjustment to their accetunts as soon as is practical. If prior to the relevant Adjustment Date neither party has provided the ether with its opinion of the fair market re=nt for the Premises, the Monthly Rent in eMct immediately prior to the relevant Adjustment Date shall be the Adjusted Monthly Rent for the ensuing three (3) year period. 4.c. Dispute Resolution Re: Readiustmant of Mental: If the parties are unable to agree upon such adjusted rental by negotiation as set out in Section 4.b.2, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Landlord and Tenant do hereby agree that the arbitration process shall he limited to not more than one hundred fitly (150) calendar days, using the following procedures: 4.c(l ). Landlord shall select and appoint one arbitralor and Tenant shall select and appoint one arbitrator, broth appointments to be made within a period of sixty (GQ) days from the end of the negotiation period cited in paragraph 4d. Landlord and Tenant shall each notify the other of the identity of their arbitrator and the (late of the postmark orf the letter, or date: of personal delivery, shall be considered the date of appointment, 4.c(2). The two appointed arbitrator,, shall meet, and shall make their decision in writing within thirty (.30) days; after the: date of their ,jlrpoiBInicnt, It the appointment date for either arbitrator is later than the other, the hatter date shall be the appointment date for purposes of the thirty (30) clay deadline. 4.c(3) If the two arbitrators are unable to agree within a period of thirty (30) day's after such appointment, they Shall, within a period of thirty (30) days, select a third arbitrator. if such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (3()) day period. either Landlord or `Fe4nant may apply to the head of the Seattle office of the American Arbitration Association to appoint said third arbitrator. 4.c:(4). The three arbitrators shall have thirty (30) days from the date of ,election of the third arbitrator to reach a majority decision unless the tune is extended by agreement oC both parties. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto_ 4.c(7). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airpoil rc:titals and €.rse charges in King County and shall give, due c�,nnsideration to any change in cconornic condition,; fro€at the preceding rental period. After a review Of all pertinent fiacts, the arhitraato>rs may incrcasc orducreasc such rcmtal rate or continuo: the previous rental rate for the ensuing three (3 ) year pc:r'iool. 4.c(6). Leasehold improveraae.trtz, made by the Tenant shall not be considered as part orf ;he leased premises for the purpose rotfuturc adiust rtents or, readjwornents (if the rental rates. n�4ritn .€ lyoll U;Isc C�>3.ir� c -�'to 10 { t1 4.e(7)- Each Marty shall pay for and he responsible for the fees and cast;, c=harged by the arbitrator selected by hint. 'l'he tete of the third arbitrator shall be shared equally by the partie=s, 4,c(8)- ']'he readjusted rental in each vase, uliether dewnaaincd by arbitration or by agreement of the: parties the-rnselves, shall be et"i'ective as (if the rental Adjustment Date. 4.d. 009-_"010 Tenant Improvc:anents: for purpe►ses of determining the; fair market rental for the 5-50 Building for the+se, taolju>tment. periods pursuant to Paragraph 4-b.2, above, the Parties agree that the "2009-2010 Tenant Improvements- are those improvements made by Tenant to the 5-50 Building during 2009-2010. The. 2009-2010 Tenant Improvements shall be identified by reference, to the plans submitted by Tenant to Landlord in Tenant's permit application, incorporated by this reference as if fatly set forth herein, until suc=h bine as said impro ertaents are completed, at cchich tune the Tenant shall suhmit to the Landlord "as built'. drawings, certified by a profc`slonal engineer, and the 2009-2010 'rcnant Improvements, %kill he the improvements shown on such "as built" drativings, which shall be deemed to have been incorporated into this Lease upon their submittal by Tenant. 4.e Through the Fenc=e Access Fee. ThC (CMIS set esut in Attac=hment A shall govern the amount of the: Through the Fence Access flee payable by Tenant in ,addition to Minimum Monthly Rent. For ease of reference, the parties note; that the Through the Fence Acc=e=ss Fee; shall be payable in monthly installments initially in thc: amount of `Fwenty-two Thousand Five. Hundred Ninety-one and 04;1W Dollars (522.591,04) whic=h amount is one:-twelfih oftht; Annual Through The Fence Ac=cess Fee: provided for in Attachaarcnt A, The Through the: Force Access Fee shall be paid without deduction, offset, prior notice or demand, and shall be payable; promptly in advance on the first day of each and every month during; the Term. All such payments shall be rrtatde to the Director cif F=inance, City of Renton, Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The "Mrough The }stance Access Fele will be used by the Landlord sole=ly for capital improvements to the airport and its associated facilities. No Le=asehold psci.sc Taus is payable with respect to the; Through The Fence Access l=ee. 4.f Late Pajjnent Char L. if any hent is riot received by Landlord from Tenant by the; thirst (3rd) business daffy srfta;r such Bent is clue, Tenant :full illi mediately pay to Landlord as l,atC charge equal to rive percent 0".4) of the :amount of such Rent. Should Tenant pay said late chatQgC lett tail to pity coratenaporancously therewith all unpaid amounts of €tent. L.and ford's acc:c.ptaancc of this lute charge shall not constitute a W.'1iVcr ctf i'enaint's default with respect tea .l eri ant's tionpayment rear pnekvent. Landlord from exercising all other rights and remedies RN ail=ahle tcz Landl+:ard kinder this l.iarsc or under law.. It'im check received by huara,3lc-d trorra l-cnaant is returncd unpaid hor anv reason, Landlord rescrd; s the right to charge, said 'I"enjilt agrees to pay, watt aad litionaal charge up to the maNimum damoarnt ;allowed by law. Unpaid anamrnt's shall he ar intcre-a at the rate cif twel%;e (1 perce!it per ,annum until paaiel, s 11, OtlIV.,jll;xi%'c:iI±rdCj)J1TJWtit•.a:rIII! ri !3,Wi€y;1 0ung.--, M W 0) 4.g, Other Fees anti ("harggs: Tenant shall pay, in addition to the Nlinimuan Monthly Runt and other charges identified in this Lease:, its proportionate share of all non-discriminatory fees and c:hWges now in effect or Nve;after icuied or established by Landlord during the; Tenn for any currently unanticipated Surface Water Utility charge,,, imposed on the Airl)ort by the City cif' Renton as surface eater management charges to the extent that such increase exceeds twenty. percent (20%) of the amount of the: Surface Water Utility charge set imposed on the: Airport by the City of Renton For the immediately preceeding calendar year. Tenant shall also pay all cion-discriminat€,ry fees and charges established by any gncemmental agency or authority either than Renton that become levied or charged during the Terra against (1) the Premises, (2) the structures, business operations. or activities conducted by Tenant on. at, or from the Premises, (3) the use made by Tenant of the Premises, or (4) services rendcred to the Premises or to Tenant at the Premises. S. LEASEI-IOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 92.—NA, as aarriended, or any replacement thereof, which tax steal I be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid separately to the Director of Finance, City of Renton, at the same time the Minimum Monthly Rent is clue: If the State aif Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate:, then Tenant shall pay such tax or charge when due_ Such tax or eliarge, shall he in addition to Minimum Monthly Fent and ether charges payable under this I.,easta. 6. PAYMENT OF UTILiTIES AND RELATED SERVICES: Tenant shall pay for all utilities and services used in the Premises. including without limitation, electricity, gas. water, seiner. garbage removal, janitorial service and any other utilities and services used in the. Premises. Landlord shall not he haable for any loss or damage caused by or resulting from any variation, interruption, or failure of any utility ser -vices due to any cause: whatsoever, except, and oniy to the extent caused by Landlord's negligence. Landlord shall n€at be liable for temporary interruption or failure of such senices incidental to the: making of repairs, alterations or improvements. or due to accident, strike, act of God. or conditions or events not under 1_.andlord`s control, Temporary interruption or failure: or utility services shall not be dcern€:d as breach o the I -ease or as an eviction of Tenant. or relicke Tenant fro€n any cat its obligation", hereunder. 7. TfNAN.L.'S ACCEPTANCE OF PREMISFS: '.a. Acceptance € r Premises: l enant accepts tlic Pre -mise ~ in their -AS l5" condition, 'I'Martt accepts the. Premises subject to :all applicahlc fecte;ral, state, county anti municipal Laws.and nrdiitatitces andrcgulasti€ans governing and regulating the use cif the? Prornisus_ SubjCCt 10 the: rather provisions of' this Lease, this [,ease is su ject to all such laws, ordi€aaiwes and regulations. Terarant acknowledges that, except as othenN ise prm ided in this Lease, neither Landlord, near Landlord's agents have made any representation or ccarranty as to the suitability (if the Premises for the conduct of' Tenant's business or use. Lxcept ars otherwise provided herein, I.,an€ turd 4 4. iK IE ;t-�V,iI Cu; IN di .;Blit:n#.Fig 1. c;i c [ k. iI 10 !!I ; 14 warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance firo�€aa Landlord, or others claiming by or through Landlord. 4. USE OF PREMISES-. 8.a, Use ofPremises: 1 -he Premises are teased to the Tenant for the following described purposes and uses necessary to said purposes. in accordance with. the Airport Regulations and Minimum Standards pursuant to Section 8(e): 8.a.(1) Aircrail storage, tnanufiduring,. modification, operation, and maintenance including fueling, inspection, major and minor repair. and major and miner alteration of airframes, engines, avionics, interiors and aircraft comporient.s, flight test activities-, training, 8.a.(2) Storage and tie -clown of aircraft, bath indoors and outdoors, .S.a.(3) Any use that is ancillary to aircraft storage, rnanutiac:turing. €m€intenance, operation, and modification, liight test activities, and training sand any other use that is aviation related and requires access, to the runway. &h. �-ontiattarus Use: Tenant covenants that the Premises shrill he continuously used for these l urpcases set Forth above (luring the. Term, shrill € of be allowed to stand vacant or idle unless Tenant detert-nines in its sole discretion that allowing the Premises to stand vacant or idle is necessary given business conditions affecting aircraft delivery anchor manufacturing at the: time of such detennination, and subject to reasonable, temporary interruptions liar maintenance, construction. or other purposes. R.c. Neon -Aviation Uses Prohibited: Tenant agrees that the Premises may not be u --,Cd for uses or activities that arc; not related, directly or indirectly, to aviation. il.d. S, ions: SA4 i ) Advemsing: No advertising matter or signs shall be displayed can the Prerniscs or structures, at any time; without the prior Axntten approval of.Landlord. which approval will not be unreasonably withheld, 88.(2) Building Address: The building mrcet number, as assigocd by the City of Denton, shall be displayed in the upper right-hand corocr of Fast gine! Wcst Side tat' each hullding, as vickved tram Perimeter Road ,and the Taxiway. [`he number type and color shall he as directed by the Airport IM anager, and the number size: 5hAl Inc ,is required by i;ur rerit € ire C'okle. 8.e, C otil'i3rmit4 witht_r�vv��i�r�l�s �trtci_fic��u.l,�tic�n�: Tenant Shall ccampfy %v'ith arplizahfe tedcral.. slawc:crutaty and nauniCipaal I,aWs, 0rclMan(xs and regulations L:oncerning l'enam's use of tree Prr:raaist,,. Tenant shall keep and operoic the Premiscs and all strut ures, imhrervcmetnts, :and activities in car about the Premises in corif€trmity with the; Alf -pool Regulation,, and Minimum Standard,, 'and ether reuse cable: roues and rcuulaiions now or hcre.ifter adopted by Landlord. A provided that all such Airport Rcg,c►latie►ns and Minitnum Standards and other rules adopted hereafter are non-discriminatory, all at Tenant's cost and expense:. Tenant shall use the Premises and all structures, improvements, and activities in or about the Premises in conformity with all applicable rules and regulations now or hereafter adopted by (i) the Federal Aviation Administration, (it) the State of Washington, or (_iii) other state or federal governmental authority, all at Tenant's cost and expense.. 8.f. Waste, Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities, provided, however, that the foregoing shall not be construed to after or expand the scope of Tenant's obligations under Section 9 OI this Lease. 8.g. Increased Insurance Disk: Lenart shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb, or which will increaseany insurance rates upon the Premises or ,ether buildings and improvements at the Airport-, provided, however, that the foregoing is not intended to prevent or impede Tenant from taking such actions as may he reasonably necessary fcor Tenant to nteet its obligations under Section 9 of this Lease. S.h, Aircraft Registration Compliance: '['he Tenant is hereby notified of the Washington State law concerning aircraft registration and the requirement that tenant comply therewith. See Title 47.68.250 RCW: Public H ig;liways and I ransportation. 9. ENVIRONMENTAL MATTERS: 9.a. Agreed Order Remc;diation of Known Contamination: 9.a.(I ). The Parties acknowledge that Tenant i. the owner of certain fee: and leasehold interests in the City of Renton (the: -Existing, BOLing Renton Situ") which Include or in the: past has included portions of the Premises and otherwise lies immediately east of the Airport across the Cedar Diver Watenvay, as generally depicted on Exhibit Fl attached hereto. The Parties acknowledge that there has been a release into the c:nvit-011111cttt of I lazardous Substances (as defined in Soction 28 of this Le:a.e) into the soil and groundwater col and under the Existing; Boeing Renton Site: (the "Existing Bocing Renton Site Contamination-) and that the F~xi5ting; Boeing Rcnlon Site Contamination may have migrated to other potions of the Prernises or the: Airport (collectively. the "Knorr ri Contaminatiion" ). These conditions are dOc.umentLd in the rope Is and other roc€}vols listed in. Exhibit l attached hereto-, provided.. however, that the Known Contamination shall not includc any Hazardous Substances origitt=tting; beyond the boundaries of Clic Fxisting Boeing Renton Sitc as those: boundarics existed at the tMIQ such Hazardous Substances „are released into the environment, even if such Ha,�.ardous Substances are described in any of the documents listed in Exhibit 1, kandlord acknowledges that Tenant has made all such rclx:srts available to Landlord l:t►r its review, and l.andlcord repxeticnts that it has reviewed those rcpcorts to its satisftcticon. h_ Ifo ca, 0 ,-A.% 'I parrmcI�t, mrpor, Ii,'oraL�-I [ Kiligc-i 1f: 3" ( "i 9.a.(.3). Tenant has adviscd Landlord that Tenant has entered into, and may from time to time is odiry, substitute. replace. or supersede, an agreed order for corrective action under the Resource Conservation anti Rcc:ovcry Act, 42 U.S.C. §§ Cis}ell . et seq.. ("RU RA-) (Agreed. Order No. UE 97HZ-N233) (hereinafter, -A -recd Order." a copy of which has becir provided to Landlord) with the State of Washington Depaartnrcnt of Ecology ("Ecology") andior other lead governmental ageni6cs (.`Lend Agencies'). In the Agreed Order. Tenant has agreed to perform certain sails anis groundwater investigation of tiv.ardous Substances with respect to the Existing Boeing Renton Site, and inay be required to perforin groundwater or other rermcdiation cif Hazardous Substances with respect to other portions of the Premises, the Airport, or adjacent property beyond the boundaries of tete Existing Boeing Renton Site. ler general, the areas subject to the Agreed Order are depicted on Exhibit X attached to the Agreed Order. In particular, the portions of the Premises subject to the Agreed OrdCT are depicted on Exhibits A, R, C., and C, attached to the Agreed Order. 9.a.(4). Except as otherwise; provided in this Section 9, Tenant shall, at its sole cost and expense, reintdiate the; Known Contamination existing as of the Commencement Date with respect to the sail and groundwater ofand under the Prciniscs. and/or the soil and groundwater of and under the Airport (if applicable utlklU SCctiOns 9_a.(2) or 9.a_(7)1. in accordance with the requirements, if any, of the: Agreed Order and any applicable ErrvironniLnLal Laws and Requirements as defined in Section 2' Herein). to the rcasonabte satistaction cif F:cology and any tither Gelid Agencies, and in accordance with commercially reasonable standards for commercial industrial facilities (collectk ely, Cher " Reanethation"). Such Rc*mediation obligations shall Continue until such tune as Ecology= or other Lead Agency exercising authority over the Remediation at or abotit the Premises provides written notice approving the Remediation or written notice;, consistent with the then prevailing industry and/or commercial standards indicating that, based on its then current knowledge and with customary qualifications, net further action is required with respect to the subject of the: Remediation (in either erase, a "No Further Action Letter"), In the event Teriant completes its Remediation. obligations under this Lease, and Ecology or another Lead Agency exercising authority over the Rtame:diaticrn subsequently, requires further Rcinediation of any Known Contamination tclr which "Tenant is responsible under this LeaseTenant wilI pertbrrn sucli Rentcdiation until Ecology or such other Lead Agency providcs written notice; indicating that it plans tet require no further action with respect to the subject of the Remediatinn. To the extent Tenant has not cornpleted such Remodiation of arty Known Contamination on or before the termination or earlier expiration of'this Lase, Landlord shall provide to "l'enant all rc,istlnal-lh and necessary access to the Premises and the: Airport to eriaMc Tenant to comptctc: such LReinediation. 9.a.(5). Tenant shall keep Landlord reasonably apprised of'renant's efts.irts to satisfy the rcquire,nwirts of the Agrced Order and any future carders pertaining to the. Remediation, including providing k Topics to Landlord on request of rel oma i stwd by Tenant's consultants or I11cd with Ecology cir rather Lead Agency in connection there%Oth. Except as providcd othenwi,;c in this Lcase, Tenant, nett L.mellord, shrill be f''Or s<atisNing :all enndlti(lns inipoe ;cd in the A_9reed Order atrel .ani future orders pertaining tea the Renivdiation, prkn iticd, laowi2� er, thdt I-MIL110rd shall € of Oistruct of intcrfere with Tciihant'� eft'kws to satisfy such Conditions. I? iE I AI'614 ttiilti['f,l101€w i"PNin I3.w t, ] 1!I (.+) 9,a.(6). Landlord agrees that it will permit the recording of'such notices. covenants, and other so-called "institutional controls" with respect to the Premises or the Airport as reasonably may be required by Ecology or other Lead Agency, as a condition to Ecology or such other Lard Agency ag�t'eeing to issue a No Further Action Letter with respect to the: subject of the Remediation, and Landlord will execute such instruments and documents as Tenant reasonably may request in connection with such institutional controls. 9.a.(7). Tenant agrees to remediate the Known Contamination on Airport property on and adjacent to the location of the old Boeing Fuel Fartrt which was located in the southeast corner of the Airport. Tenant agrees to remediate that Known Contamination in conjunction with any future demolition of the adjacent hangar buildings located at 289 hast Perimeter Road which is the premises referenced in the Bosair, LLC [,case Agreement LAG 86-003 which was effective August 1, 1996. Landlord will coordinate the tinting of the remediation and provide Tenant at. least six (6) months notice of the date of demolition of the hangar building -s. 9.h_ Landlord's keprc:sentation and Warranty: Except as to the Known C.'ontantination identified in the reports listed in Exhibit 1, Landlord hereby represents and warrants that to Landlord's knowledge, (i) Landlord has no reason to believe that Hazardous Substances have hcen generated, treated, stored, released, or disposed of at, in, on, under, front, or about the Premises or the Airport in violation of any Environmental I_zaws or Requirenicrtts, or in ra manner that may give rise to liability for environmental investigation or cleanup (removal or remedial), ), damage to property, or personal injury to Landlord or any tether person at the Premises, the Airport, or any adjacent or surrounding property, and (ii) no claim cif liability reletting to the presence of any Hazardous Substances or any other adverse environmentat conditions at, in, on. under, from or about the Premises or the Airport has been made: or threatened by any governnwntal entity or any either third party. e)_c. Hazardous Substances Use: 9.c.(I ) L e: Except as (i) used by Tenant to earry out its obligations under this Leasc: or (ii) used in connection with Tenant's use of the Premises as described in Section 8.a above, Tenant shall not possess, use, generate, store, treat, release. or disposc of any Hazardous Substances at, in, on. under, From, or alts}ut the Premises or in any tenant improvetrtents or alterations plaeccl on the Premises by Tenant. }without the prier written consent of Landlord. With regard to any Hazardous Substances that Tcnant proposes to use on the Premises fear purposes ether than those identified in (i) or (ii) abo%e. Landlord shall, taking irate} account such factors as Landlord may reasonably determine; to he relevant, promptly grant or withhold consent to such proposed use of Hazardous Substartecw. Landlord's consent shall not be unreasonably withheld. C'onioliattcc; with Frivironnienttal Laws and Rc:cluircmcrtts: ,\nw use by Tenant of Hazardous Substances on the Premises ,hall he carried out in compliance with applic�ablc f: nvironancnt,al Laws and Requirements. at T en rnt.s sale cost and cxpcnsv, Venarit shall meet c au,e, nor hermit or allow its kents, ernployees. or contractors to cause, the release (it' arty Hazardous Substance,, at. in. on.. tinder, from, or about rite Premise in It manner %iolating arty �i.+<�iisfi3rllov,fjiwwt�;a•c4h.at_�sc- ;t1z€iq applicable Environmental Laws and Requirements or giving rise to liability for environmental response or cleanup (removal or rerriedial), damage to property, or personal injury to Landlord or any other person at the Premises while Tenant, its agents, employees and contractors are on the Premises during the 'hemi of the Lease. Tenant shalt, at its own cost and expense, promptly take all actions reasonably necessary under applicable F.rivironniental Laws and Requirements to investigate, remove or rermcdiate any such release of Iiazardous Substances caused by Tenant or its agents, employees, or contractors while € n ala€; Premises that occurrtxf during the Term of the Lease. In the event of material non-compliance by'rena►nt 1xith the requirements of this Section 9.c.(2), after notice to Tenant and a reasonable opportunity fur Tenunt to effect such conIpliance, Landlord may. but is not obligates{ to, erten upon the Premises and take such actions and incur such costs and expenses as reasonably required to cure such material non-compliance with applicable Environmental I.Favvs and Requircrttcnts to protect its interest in the Premises. Notwithstanding the foregoing. Landlord tnay take inmediati: action reasonably neccssatry under the circumstances to respond to an cmergeny c,rused by such material non-compliance that would result in immediate and material adverse; harm to the environmental condition of the. Premises, or the; Airport; in such event, landlord shall roti R_Tenant promptly of the emergency and afford Tenant a reasonable opportunity to patrticiparte in the emergency response. Tenant shall reimburse Landlord for Landlord's reasonable wid documented Casts and expenses incurred to effect such cure. Tenant shall notify Landlord promptly upon discovery of any release of ffazardous Substances at, in, on, under, tvorri or about the Premises caused by "Fenant or its agents, conployces, or contractors while on the Premises during the "term of the Lease, to the extent the same must he: reported to any govi:rnntental agency pursuant to any applicable Environmental Laws or Requirements. 9.d. Environmental Indemnities: 9.d.(l ). Indemnification b.v Tenant: 9.d4l)(a), Landlord shall have net responsibility to the Tenant. pursuant to this Lease or otherwise, with respect to (i) Rerttediatirrn Of the Known C'<�ntannirzat.ic�r7 �l'enant V, responsib.lc far remediating, under Sections 9.a.(4) or or (ii) the investigation. removal or r(anediation of a release of any Hazardous Substances at, in, on, under, frorn, or about the Premises during the Tcrann caused by l.en,ant in breach of its ubligatiow5 under Section 9.c. herein, except as othervv-ise provided in this Section 9.d. Tenant shall detend, indentnify- and hold ha€ iless Landlord tfiln3 and against ,any and all actions, causes of taction, claims, administrative proce;ct ings. ureters, Judgments, penalties, line,,, liabilities, kisses, damages, obligations arid expenses of any kind and nature; whatsoever (catch a "C'latinn") till' personal injury or death, third party real or persuria.l property darnage or lass. environmental irtvc;;tigation or c•teanup activities (removal or remedial). Or incident to establishing the right to indemnification, including, but not limited tri. governmental oversight berets, cnviro nnicntal resource dannttges, penarines or fines, remuvat costs. rerncdial costs. disposarl iaxes, .and rt;asonah!e fce:s incurred by the Landlord for attorney,,. consultants.. or engineers, arising from or ill connection With -Tenant's failure to comply with its obligatimis under this Louse with respect to that Known Contamination, or with respect to the relcr►se k,17 anV Hazardous Substances at, irr, t_in, under, t"rctrn, or about the Premises during the Term Gagged by Tenant in hrcach of its obligrttiOns under Sc:6011 9.c; lncrc:in. except in each carsc 14 tI. FH4w'1: JAf': it- JOINIF111k,"Ire;, " ?IN krT.'LtotiII;- I C;I�C Chxq'4, Io I(I, �) to the extent caused by the negligence or willful misconduct Of Landlord or its agents-, einployees, tenants, or contractors ("'Tenant. Environmental Indemnity Claims, Damages and Costs-). In the event any action or prs.oceeding, is brought against Landlord by reason of any Claim falling within the scope: sof the ioregoing indemnity, Tenant upon written ncoticL from Landlord to Tenant within 60 days after Landlord receives notice of the Claim shall defend same at Tenant's expense by counsel reasonably satisfactory to Landlord. ().d.(1)(b). Notwithstanding any provision of this Agreement to the contrary, (i) Tenant shall not in any case be liable or responsible for the hollowing damages to Landlord- (a) any fiotnn of incidental or consequential damage, including, Evrthcout limitation, any loss of profits, proceeds or rents, (b) any loss sof reputation or goodwill or arty form cif intangible property damage; (c) any loss sof any actual or prospective economic or business opportunity or contractual relations. (d) any "sti&zma damages, (e) any damages related to delays in development. leasing, occupying, operations, construction or income streams resulting therefrom; or (f) any damage to the Premises. the Airport, or other real property in any manner related to the presence of] lazardcous Substances which is not required to he remediated tinder the terns of this Lease or cothemvise (collectively, "Special Danrag,:s"): and (ii) Tenant shall not in any case be liable or responsible. Cor any Tenant Environmental Indeninity Claims. Damages for Costs (A) to the extent the same are the result of any release into the invironnient of any I lafardous Substances by Landlord, any successor or assign of Landlord, or any coli its or their tenants. agents, contractors, or ernplovees, or (I3) to the extent the: Known Contamination in question is increased, exacerbated or made more costly or difficult to remediate by reason of any act or oonission sof Landlord, any successor Or assign of` Landlord. or any of its or their tenants, agents, contractors, or employees. or (C) to the extent attributable to the Future use or contemplated or attempted use of the Premises or the Airport. lbr the purposes (if any residence, hospital. health care: facility, sc hc-)of or other use as to which heightened or special requirements or standards apply under any applicable Environmental Laws or Requirements (a " Heightencd lyse") as of the Commencerticnt Date or at any time in the future. 9.dj 1)(c). Nofwithstanding any provision of this Lease: to the contrary, Tenant shall have no obligation or liability hereunder or otherwise with respect to any release into the envirconntent cot' any hltizarde.ous Substance ,xhic:h occurs at, in, on, under, from, or about the Premises or Alt -port (A) prior to the Ccotnmencetn€ rit Date (excluding tile: Known Contamination): or (B) fon or after the Commencement Date, other than to the extent that any such release is directly or proximately caused by Tenant or its agents, vniployces, or contractors kclule cin the: PTCnlisQs during thc "ferric cit' the I -Case. 9-d.(1)1 d). Notwithstanding tiny provision ofthis Luise to the contrary- I-enant shall bas e rt€7 obligation or liability under Section 9 of this Lease or otherwise to pert<onn the Reonediation �.rf the Known C:'oontaminaticon, for tco ireastigatc, reTi ovt cor remediate a release ool�siny I[a.raroic�us Substance ttor which Te:n,int tvnuld lie responsible under Soo On c') c. abcovc, unless, and until grid oilk, tier So lung as Landlord grants to Vcriaint all vuLrsonablc acid necessary zcc:cess to the Premi,us 3[ld the. Airport in socccordancc with Section c) sof this Lcaxt or anyother agrec:rooents be0kecri Tenant and Landlord. including to the extent rcyuirecl k1ll0W1mz (crin.triation or earlier Gxpirati«n of this Lcatse, in whole or in part. 1� 6(% ; epArrI ,iTF1Awjv,: i_cjf e r'h:w� oE� jn 10t Z'i 9A(12)- Landlord: 9.d.(2)(a). ..tenant shall have no responsibility to the Landlord. pursuant to this Lease or otherwise, near shall Tenant have any other Iiability or responsibility of any kind, with respect to a release of any Hazardous Substances at, on. in, under, f orn, or about the premises or the Airport unless such release: (i) constitute,. part of the Known Contamination Tenant is responsihlc for retnecliating under Sections 9.a.(4) or 9.a.(7), or (ii) was caused by Tenant in breach of its obligations under Section 9.c herein, except las otherwise provided in this Section 9.d. Landlord shall defend, indemnify ;incl hold harmless Tenant. any financial institution or entity vvhic:h finances in whole or in part Tenant's construction on the Premises, of, any of its or their directors'. officers, agents, employees, and contractors (collectively, "Indemnitees'') from and against any Claims for personal injury or dearth, third party real or personal property (atrnage or loss. envirortinental investigation or cleanup activities (removal or remedial) or incident to establishing the right to indemnification. including but not limited to, governmental oversight costs, environmental reacnrrce damages. penalties or tines, removal casts, remedial costs, disposal taxes, increased casts tit' construoion and increased interest or Bather costs relawd to any lomi captained by Tenant in connection with the 1=rc:rniscs, aril reasonable tees incurred by 'renant or any Indemnitee k)r attorneys, consultants, or engin"—rs, arising Frain or in connection with a release cat a ny Hazardous Substances at. in. on, under, tion, or about the Premises or the Airport, unless such release (i) constitutes part of that known Contamination, or (ii) +.vets caused by Tenant in breach of its obligations under Section 9.c herein, except in each case: to the: extent caused by the neglige=nce or willful misconduct of Landlord or its agents, e;mployce:s. tenants. or contractors ("Landlord Environmental Indemnity Claims, Damages and Costs-)- In the event any action or procceding is brought against Tccriant by reason of any Claim falling; within the scopes of the foregoing indemnity, Landlord upon written notice from Tenant to Landlord within 00 clays after Tenant receives notice of the Claim shall defend ,arae; at Landlord's expense by counsel reasonably satisfactory to Te=nant. 9A(2)(b) Notwithstanding any provision of this Lease to the contrary, Landlord shall not in any case be liable or responsible to Tenant fir ani, Special Damages. as defined in Section OA,( I )(h) herein. 9.d.(2)(c) Notwithstanding any pro% inion of this Lase to the contrary_ Landlord's obligation under Section Q.d(2)fat) :hill ripply to any Chmn (i) arising out of or in cormcction with a relc;atse of ariv Hazardow; Substances which constitutes part of the Kno-,% a Corita minattiosa. to the extent the Known Contamination in yucstitan is iricreased, exacerbated or made more cwr tly or difficult to remcdiate by reason of any acct or omission cif Landlord- ;anx succ;c Sor ear atssigr� of Landlord, or ,arty of it, or their tenants, aagms, coritrac;tors, or e xtploy�ces, or (it) cc l h involves, at Heighte=ned Use, as de,crihed in Se"etion 9..d.t t 9 e, No'Admi ow Tenant`s obligations under this Sci:tion 9 apply only as bet�4Ccri it and Landlord, and shall not extend€ tea anv Other porson irr entity. Further, nothing In thk 4e;cti011a 9 shrill he considered .in admission by Tcnaant of anv tact, issue, law, or liability and shall rte*t he 11 ixslrai`!}telt easy , It' P.irn11t ilH, ;iirp,>Fi 13,K;mi � I c-.l;kt ( 1:;dJI:Att, . I ii kr i I, admissible it) evidQnce against Tenant in any judicial or adniirtistrahve proceeding other than tit proceeding by Landlord to enforce the terms of this Section 9. Tenant expressly reserves its rights to assert claims against third parties or entities w4 ith respect to any matters addres,cd in this Section 9 9.1` Survival. The provisions ofSections 9.a.(4), e).st.(a), 9,a.(0), 9.a.(7), 9.b, 9.c, 9.d, and 9.e shall survive the; expiration or sooner termination of the Term. No subsequent modification or tenxtination of this Lease by agre=ement of the parties or otftcrwise shall be: construed to waive: or to modify any provisions of this Section 9 unless the teniiination or modification agrectttent or ether document expressly so states in writing. 1(), MAINTENANCE: 1tl.a. Maintenance of Vrcniises. The Premises and all of the improvements or structures thereon shall be used and maintained by Tenant in a neat, orderly, anis sanitary manner. Landlord shall not be gilled upon to snake any improvements. alteration, or repair of any kind upon the Premises. Tenant is responsible for the clean-up and proper disposal at reasonable: and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including without limitation, the interior and exterior walls, floors, roof, and ceilings, and any structural portions of the Premises (but excluding the: structural portions of buildings that are on the Premises as of the Commencement Date, which are Landlord's responsibility as set out below), the exterior and interior portions of all doors_ windows, glass, utility facilities. plumbing and sewage facilities within the building or under the floor slab including, free flour up to the main sewer line, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment, exterior utility facilities. and exterior electrical equipment serving the Premises. Tenant shall make all repairs. replacenients and renewals, whe:tht:r ordinary or extraordinary, anticipated or unforeseen, that are neccssary to maintain the Premises. in the condition required by this Section. fertant shall not be responsible for the structural portions of Landlord Gowned Buildings. Notwvithstanding the forc g ping, Landlord shall be responsible for the fall( wing: (n) the sit-ictural integrity of any Landlord -owned buildings (that is, those buildings that are on the: Premises a4 cif Ilse Commencement Date), (b) the; intcgrity and utility of all water supply lines, sanitary seWe;r lines, and stonn vv'ater drainage lines without the 11rcimses that serve thcosc buildings that are on the Premises as ofthe Commencement fate, and (cl ['Or the replacement as requiriA of any and all FIVAC systems serving any Landlord owned buildings that are on the Premises as. cot" the Commencement Date (t)1711%ielcd that Tcnant is respmisible for the annual rnaintinartc and reloiiir !'or wuch FIVAC systems). The Parties agree that now.ithstanding, anything to the contrary in this [,case. Icnant shall he solely responsible for ail maintenance relating to the 5--;0 Building (faint Hangar) and all onprcoyements thereto through the: ('crno ,;f this I_c:ase:. ( he Purtics acknowledgc that its of the h ,W,,It 'vitt ,iqp.irtmkiti,,ii,p rt B.'C1112 1 cel e( 4 i 6 i+,),_ t3 (late of this Lease, there is asbestos impregnated into the siding material on the 5-50 Building (Point Hangar). If.. for any reason, the skin of- the 5450 Building (Paint hangar) needs to be replaced (luring the Term (if this Lease, the cost of removal and replacement ,hall be borne by Tenant. 10.b, Removal of SnoNy/Floodwatcr/Mud: Tenant shall remove from the Premises all snow anrirc3r floodwaters or inud deposited therefrom, with the disposition thereof to he accomplished in such a manner so as to not interfere with or increase (tic maintenance activities of Landlord upon the public areas of the Airport. l.Andlord shall be responsible for the removal cif any snow, ice, floodwaters, thud, or ether debris that may be found on the traxivvays, runway, common areas and ether public spaces of the Airport, for the maintenance, repair, renewal, and replacement of any and all utility limes serving the taxiways, raanway. conamon areas and other public spaces of the Airport. . 10,c. Maintenance (if Preraaises: Teriarnt shall repair or replace any ripped or corroded skin of any buildings on the Pre miscs, and the repair; so made by Tenant must be acceptable to the Landlord. Tenant .shall also repair or replace any dents lamer than 1.5 inches in length Or diaaracter in the exterior skins of any buildings. f=urther, 'r pant shall, every ten years of the Lease, paint the buildings whether needed or not. O.d. Maintenance _R.gWir and 47arkin , of Pav enient. Tenant shall he responsible k )r. and shall perforin. the maintcri ante, repair an,.[ narking (painting) of pavement surrounding the buildings within and can the Premises. Such maintenance and repair shall include, as a ininimuna, crack filling;, weed control, slurry seal and the replacement oC unserviccable concrete; or asphalt pavements, as neecssary. To the degree (tic concrete Banti asphalt paverne:nts arc brought to FAA standards at any time during the Te mi of this Lease, Tenant shall maintain the concrete and asphalt pavements in such condition, I O.c;. Right of inspection; Tenant still 31low Landlord or Landlord's agent, free access at all reasonable times to the f renlises tbT the l)en-poSC Of inspection.. or of making repairs, additions or altcratiorn to the: Premises, or any property owned by or under the control of Landlord. I .andlord shall provide ten (10) clays advance nOtic.e ol- any such inspection and use reasonable efforts not to interferewith Tenant's use of tate Pretniu's during any such inspc,eGon, IO.f. Landlord MavPcrfomi _Maitit cnarice: It Tenant fails to perform Tenant',, obligations under this Section, l-andlord may. at its option. but shall not be required to. easter the Premises, after thiny (_30) (lav,` prigs° wrmcn notice to Tenant, except in the event of an ernergcnev when no notice shall he required. and put the same in good order. condition and repair, and the cost thereof together xith irrtcf-c'st thcrcon at the rate of, MCI ve ll 11!;,0) percent per atnraum ;hull become due and pavzahle as additional :-Qntaal to landlord together %�-ith Tenant -s next installment of Rent. 1(Lg- Innitation: Nothing in this Section 10 shall be constmed to alter. t�xpand oi- diminish Tena€it's or 1_.andford's respective ri.lats and obligations under Section 9 of this Lease, t5 }9'. 00h:,l 0;/W Ci�.�. Jl:[p!I IM291l, aigx.,Y: Bki( or t.;sw (1f� Ih�, (I. i(I € "% 11. ALTERATIONS: I La. Landlord's Consent Required for Subsequent Alterations- Tenant will not make any alterations, additions or improve nents in or to the Premises without they written consent of Landlord first having; been obtained, which ccanscnt shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord promptly shall give its consent for any alterations, additions or inmproventcnts reasonably necessary for Tenant to meet its obligations under Section 9 of this Lease or to comply with any applicable: Environmental Law or Requirement. Other than reasonable approval of' the exterior appearance of any improvements proposed by Tenant, Landlord shall not Impose conditions or requirement,, in addition to or in excess of tho-se mandated under applicable building codes or ether Unifonn Codecs. Landlord's consent shall not. be required for any alteration that cost; less than S7 5,0M subject to any required pennits, i.e:.. building permits. Where no permits are required for the requested work-, Landlord shall respond to any request for approval of Tenant's plans and :specifications for any <alterations. improvements, or additions within thirty (30) calcndaar clays, and shall provide specific: reasons for any disapproval. Where no permits are required for the requcste:d work, Landlord's Consent shall be deemed given if I..andlord does not respond to Tenant's request for such consent %ithin such thirty (3()) business clay period. Il.b. Protection from Liens, Before: ccmxrne:ncing any work relating; to alterations, additions and improvements affecting (lie /'remises ("Work"), Tenant shall notify l...andlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the premises free and clear of all mechanics' and rnaterialanell's liens and Cather liens resulting from any Work. Tenant shall have the right to contest the correctness or validity of any such Iien if, immediately on demand by Landlord. it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutcary requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all suan5 aiyarded to the claimant on its suit, and, in any evQnt, before any execution is issued with respect to any judgment obtained by the claimant in its suit or bcforc; such jud-ginent hecomes a lien oil the Premises, whichever is earlier. IfTenant shall be in default under this Section, by failing to prm,idc security fir or satisilac:tion ofany mechanic's or ether liens, then Landlord mav, at its option, in addition to ,any other rights or remedics it may hatie, discharge said lien by (i) pauin" the claimant an amount sutt'scient to setae and discharge the claim, (ii) procuring and recording as lien ivicaase bond. or (iii) taking such Cather action as Landlord Shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional /lent, on l-andlord's dLanaa3d, .all reasonable costs (including reasonable attorney f: es) incurred by Landlord in wahi g and dischar ongv such lien together with interest thereon at the rate of't�kcive (12",0) hcrc,;nt her yczar from the date of Landlord's pay>lient of'said c,osls. f. awdlnrd's payment (.)I- Such coasts ,hall - not waive any dcfitult orf Tenant under this Scction. I 1.c. Bond.At ane tints '"Fenant either desires t{) or is required to 1 make any rc:pairti- alter,ations, additions, ismpro eancnts or utility instalt ation thcrc�m, Landlord may, at its option, 9 sr_itsAI'CiI, kigl,dr-{9?ICrII<dl; ;cart 11,wiv tva•c("tatau;,c;-: 1011)fL require Tenant, at Ten.ult's expense, to obtain and provide to .Landlord a lien and completion bond in an atncount equal to the estimated cost in cconnccticon with Tenant's irnpro'vernents, to insure. Landlord against. liability Ow mechanics and m aterialmen's liens and to insure completion of the Work. In detcrinining whether for not to require, such a bond, Landlord will specifically take into account the amount sof the contract acid Tenint`s financial resources. I I.A. Notification sof Completion: Upon completion of capital improvements made on the Premises. Tenant shall promptly notify Landlord ofsuch ccornpletiton- I I.e. Landlord Mav Make Improvements: Tenant agrees that Landlord may, at its option and at its expense, make repairs, alterations or Imprcovements which Landlord may deem necessary or advisable fcir the preservation, safety. or Improvement of utilities or airport infrastructure on the Prcnriscs, if any, but shall not interfere in any significant way tie-ith Tenant's rights, or Tenant's fulfillment of its obligations, under this Lease in exercising such rights. All such .wrk will be performed by Landlord at Landlord's sole cost and expense without charge or liability risk of any kind to Tenant. Landlord will advise T'enarrt orthe nature of and schedule fOr Such work as far in advance as is practic-al, arad will schedule such work' Sia as to tninimi-re any disruption sot''Teriant's business at the Airport or use of the Premises. 12, IMPRnVF.AIFNTS: 11a- -Tenant Inryrov,crnents. As further consideration for this lease, it is agreed that upon the expiration or sooner termination of th4 Tents, all structures and any and all unproverncnts of -any character whatsoever installed on the Premises shall he and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, except as provided otherwise under any applicable Environmental Law or Reyuircittent, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord's pricer written consent, which shall not be unreasonably withheld, conditionLd or delayed with respect to any such structures or Improvement", rc;asonably necessary or appropriate; for Tenant to fulfill its obligations under Section 9 of this Lease or to comply with any applicable Environmental Law or Requirement. !:wring the Turin, 'Tenarrt shall hold title: to all isnprovernents placed by Tenant on the Premises. °Feriant covenants and agrees that `T`crurnt will pay and satisfy in hull .all o"isianding liens, or other debts, affecting or cncurnhering such mil)rovements before transfer ofocvnership of such improvements to Landlord upon (lie expiration or sootier termination of the Term. Atter€ .-I ivety. Landlord may, at its option, require "I enant, upon Ific expiration or seoorier lenninaticon oftlrc'T-crit, if'any, to vernovc any and all irnprcoveinc:nts and structure" hostalled by Ten'int ti-aorn thc Premises and repair any danr;age caused tl°tMby, at Tenant's e:xpensic (other than any structure or improvements reasonably nese sa.r�,, for Tenant to fulfill its oblit!aticons under S4°cti€on 9 of this i..-easc: or to cconaply with any applicable Livirr)nmcntal Law or Requirement). Parties tagree, that eicspitc Landlord's o% nership of the Bui(€ling (PdInt li angar), at the end of thL Terni cof tlai Lease, Landlord rimy', at it option, require Tcnant. artTenant's, sale cost and experisc, to remove the 200_201 O Ter? ant Iraoll1-oN Crtlt;[lts ether tla. rt 11lose; dc;ivj1a1.xl in this "',onion I2.a1 and any cltlicr inipro%cmcnis made by Tenant .luring floe Tcnii aofihe Lewy c sand tr.o return the: -50 Building to a L:tnditia:on suitable as .our aircrrrfE stomge hangar. FIV,,A("` sy5tcrns and a;; cociated instruarocntatirn, lightIM-1, a 1E ooc4e ilcjmr Iu;fait.-airy+r !1,a1�;Hlg:,- 4 1i� #f1 i kd and utility systems shall be preserve in order to .assure the 5-50 Building can functicrrr gas ian aircraft storage hangar. Tenant ;shall not be required to reinovc the t"011owing elements of the. 2009-2010 Ter)ant linprovements: (.a) seistilic structural upgr=ades; (b) structural and electrical additions to the building; frame; (c;) slab Aeric irations ror drainage and ventilation and associated gratings and covers (used to support aircraft tmoverlient and parking) EXCEPT, Landlord may, at its option, require 'T'enant to seal ventilation ducts located in such slab penetration; (d) utility systems suitable for aircraft storage. Tenant shall remove the following elements ofthe 2009- 20 10 009_2010 Tenant Improvements, unless otherwise directed by Landlord: (w) contents of boiler room'. (x) aircraft painting; process equipment, (y) re movable speelalty improvements related to aircraft painning operations- (a) office: areas within the 5-50 bui lding. It is recognized that the condition of the; improvements and requirement,, for establishing the building; as an aircraft storage hangar may change over time. Theretbre the Landlord and Tenant shall anter into good faith negotiations a minimum of one (I ) year before expiration of the lease to detennine elements of the building that will stay in place, he removed, or be replaced. Should the Landlord and Tenant mutually agree to changes to the provisions of Section 12.a regarding; the 5-50 building, these changes shall be formalized in an agreement execute by bath parties - Tenant owned improvements include, brat are not limited to the following improvements: Exhibit Lease Parcel/Building Description Tenant Owned Improvements Exhibit A. 5-O&S-09 Building and One (() 12,000 gallon car gas tank, piping and Land and Aircraft Position purnp, one (l) 15,000 gallon diesel tank anti the A- —_ _ _ electrical distributionssteln Exhibit B 5-50 Building The 2009 and 2010 improvements made by Tenant in the 5-50 Building, as described in Paragraph 4.d, above. (The parties note that the 5-50 Building dies not have: an occupancy permit as of'the date, of this Lease.) Exhibit B Land and Aircraft Positions Crew she iters, lx)rtalTle light st<rndarcfs. portable x -2 & A-:1 (including land ,torage buildings, blast fences and the electrical under; -St) Building) distribution sytcan Exhibit U l Airc:rall Position A-4 CrQw shelters, portable light standards, portable: i through A-9 and Compass i storage buildings, bla.5t fences, ernployce Rose restroom, the South Bridge over the Cedar Ricer and the electrical di tribution systern F,'xhibit 17 North Bridge Access 60' Aide, Gate and the North Bridge ovcr the — .................. r CedarRiver 1'. x1111,rt Fpr, ri B.. .._ .. C'r i w- hclie.rs.. p0rtah1c, storage building, portable: light �taiidards and the electriciil distribution � �4St�:n1- Fxxhibit 1- Boeing 4uh° wtion B-1 Ilio electrical distribution S�-Sletm Fxhihit (i 5-45 Land (land onN 1-i>ur 141-40.000 gallon -let ;1 lc►el ianks. one t 1) 1 5M00 gallon off tipec fuel tank. one t 1) 15.000 !� m�,CVs{i,,;rc°irxtl�a�rsrFi�ie�ii.,.�i�Zx��:E3�*c•,i��I�r;i.�i?�,yriz��:-'� i�3:fliF=i t ! gallon diesel tank and all associated electrical and rtluntbEntr itnuaratus, 12.b. Demolition of 5-50 Building (Paint I larig tr), Upon the expiration or sooner tennination of the Torre, if any, Landlord may choose to have the 5-50 Building (Paint Hangar) demolished rather than returned to a condition suitable for use as an aircraft storage hangar. In such event, Tenant shall flay to Landlord that amount that Tenant would have expeade;d to return the 5-50 Building (faint Hangar) to a condition suitable for use as an aircraft storage hangar, taking into account the retention of those elements as described in (a), (b), (c), and (d) in Scctic n 11a, the alteration, if requested by Landlord, pritvided for in item (c) in Section 12.a, and the removal, if Landlord directs such removal, of those elements described in (u). (x), (y-), and (z) In Scco011 I 2.a ("Tenant's 5-50 Restoration Amount"). The Parties acknowledge that there is asbestos impregnated into the siding material on the 5-50 Building, f=urther, the Parties acknowledgc that Tenant's use: of the 5-50 Building as a paint hangar haS rCi.luired the use of a boiler room and that on the (late of this Lease there i4 or may he asbestos inscliation used in said hailer room. If Landlord elects to demolish the 5-50 13ulldilIg rpt the expiration or sooner terwination of the Tvnii, if any. and the cast of such demolition is increased clue to the presence (if asbestos impregnated in the skin of the: 5-50 Building anti the effect of applicable Environmental Laws and Regulations in fierce at the: time, Tenant shall bear the iltcrease in cost of demolition of the 5- 50 Building that is attributable to the presence of such itnprc:gnatc:d asbestus (notwithstanding any1hinb to the: contrary eontained in Section 9.c; of this Leaser) in addition to Tenant's 5-50 Restoration Amount. The cost of demolition of the: 5-50 Building shall include the cost of disposal of debris resulting from such demolition, and cast increases clue to the presence of asbestos in the siding and the boiler room as described above shall be included in the alnount of` the increase in demolition casts that Tenant bears under this Section 12,b. 12.c. Landlord or Third Part, IniVrovenicnts Adjacent to Compass Rose: If tete: airport property immediately adjacent to. and north of the uxisting Compass Kase is developed in the future, the Landlord shall ensure that the Tenant has an opportunity to review the development plans for the; property at an early stage in (fie development process to ensure that any buried power lines will not interfere with the viability of the Compass hose. 13. EXEMPTION (?Fi.ANDLOR.D FROM LIABILITY: Landlord or Landlord's agents shall not be liable for -Injury to Tenant or to Tenant's business or lass cif inc;orne: Lherefrom or tier damage which may he sustained by the person, goods. %vire s, merchandise or property of Tenant. its authorised represcntativer, caused by or resulting Froin (a) fire, electricity, gas, vvalcr or rairt which may leak orflow frorn or into any Part of the Premises, (hl any defect in or the niaintcnaiwe or else of the Premises, or any ii iprmcntcnts. fixtures and appurtenanecs thereon, (c) the Premises or any mirrovernents. fixtures and appLjrtcn;tnces tltcrcetlt l eeO11111rtg Out Of repair, (el) the breakage, leakage., obstruction or ether defects of €he hilts`. Cpl- nklers,, wires, Ippliances, piutnhing, heating, ventilating or air c;Einditioning or lighting fixtures of the Premise,", Ie) flooding (if' the CAid,ar River or other heady of water. or from any other source Whatsoever, whohur within or without the Premises. or (t`) any aut or onlission of any lather tenant or occupant o1` the building in which the: Premiss s =.ere located.. or their agents, servants. employces, ,, Ir:'-AHL,t-tl,pil}dcl?;3IIrTit: l I, I CT'L-CII,i{ uIll Ir) i I! or invitees, provided, that the foregoing exemption shall not apply to losses to the extant that they arise from the failure of Landlord to perforin an obligation of Landlord under this Lease or under applicable lain nor to lasses to the extent caused by Landlord's or its agents'.. contractors% or employees' negligence or willful riiisccinduc:t, and pro%ided further. that nothing in this Section 13 shall be deemed to titter, expand or diminish Landlord's and Tenant's respective rights and obligations under Section 9 of this Lease. 14. ASSIGNMENT & SUBLETTING: 14.a. Assi znmc:nt,'Sublettin : Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prier written consent, which consent shall not he unreasonably withheld, conditioned, or delayed. Any assignment, encumbrance or sublease without Landlord's consent shall be void and shall constitute a default by Tenant under this lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment or sub- lease will be approved, the proposed <assigncti or sub-teria.nt must comply with provisions of the then current Airport Leasing Policies, including, but not limited to the "analysis cif Tenant's Financial C'apac;ity," independent of Tenant's compliance or Financial Capacity_ In the case ofan assignment of the full leasehold interest and/or complete sale cif the stack or other interests in Tenant and concomitant transfer of ownership of Tenant. (a) in the cease of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agree,, to assurne, be bound by and perform all of Tenant's obligations under this Lease, to the same extent as if it were the original Tenant, and (b) in the case of stock transfer, Transferee shrill deliver a written acknowledgment that it shall continue: to be bound by all the provisions of this Lease after the transfer. Except in the case of an assignment cif the full leasehold interest, any assignment per ituNf herein will not relieve Tenant of its duty to perform all (lie obligations set out in this Lease or addenda hereto. In no event will the assignment of'the full leasehold interest or the complete sale of the stock or either interests in Tenant and concomitant trat3sfcr cifo%nership ofSaid entity cause an cstension of the Term of this Lease. 14.h, PeniiittetlSu�blettin& Notwithstanding the prcwisions cif' Section B.a. aboNe, Tenant may sublet portion of the Premises for the purpose of aircraft hangar storage and airplane tics -down space, wiLthout Landl(ircl's prior written consent, on a month-tet-inonth or longer basis tout not longer than the Term), pros idol that 1-andlord is, infunned on at least an annual basis, in vvritin& ot" the name of thc: subtenwitts). the purin)sc of the: sublease;, the amount of the rental charged, and the type ret aircraft stored (make, model unci registration number). Additionally. such infiinnatinn shall he disclosed upon request by Landlord. In addition, qo lying its Tenant's annual revenucs erre S1 billion or more, Tenant with the consent of Landlord, way assign itti rights under this Leasc: or suable:t all or any portion of the Pi-cmiscs, to a subsidiary offchant or any,, entity controlled directly or indirec iy by Te11,3nt. Or the surviving entity, in .any rncrgC,r ol'or ,.kith Tenam, PROVIDF D that 'woes, or any such �urvi,, ing entity sli,all remain liable to pc:rtcri-11) thy: obligations ofthe Tcnant 1wre:under notwithstanding such assignment or sublease and "'"mart a shall notify Landlord Ofsuch intent to assign or sublease with softicient notice to allow Landlord time: to enter into an Operating Permit with the suhlcssec. 14,c- Conditions to Assigrinicnt or Sublease: '"Fenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the: f'rctiiises shall (i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space: without Landlord's prior written consent (which consent shall not, subject to Landlord's rights under this Sm ioan, he unreasonably withheld, conditioned. or delayed). (iii) acknowledge that the assigncQ or subtenant will not violate the: provisions ol'this Lease, and (iv) in the case cat' any as,iDiment, ackaaoavc•lcdgc that Landlord may entbrce the provisions of this Lcase directly against Such assignee:. If this l..caase is assigned. whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent frown the assignee. Acceptance of rent by the Landlord shall not be a waiver of any of Landlord's remedies against Tenant fm %-iolatio n tit' pro,,isioiis of this Lease. A subtenant may cure Tcnant's defa€€lt. In tither event. Landlord may apply the aniuu€it Q11llcctQd fro rn the assignee or subtenant to -1-Cli a€it's obligation to pay Runt under this I.casz 14A. Net Release of TenTant'sliability_ Neither an assignment or subletting noir thea collection of Rent by Landlord frown any person cattier than Tenant. nor the application of any such rent as provided in this `section shall be deemed a waiver of any of the: provisions of this Suction or release Tenant froth its obligation to comply with the tens, and provisions of this L u ase and Tenant shall remain fully and primarily liable for al[ of"Tenant's obligations under this Lease:, including the obligation to pay Rent under this Lease. unless Landlord otherwise agrees in writing. Notwithstanding the foregoing, in the event that Landlord's consent to assignment is obtained for a complete ussignment avid Assignee tsgre:es in writing; to assume all of the obligations and liabilities ofthis pease: accruing taller such assignment, Tenant shall bw relieved of all liability arising; from this Lease and arising out of any act, occurrence or otttismt)n occurring after Landlord's consent is obtained, To the exwnt that any claim for which indeninitication of the Landlord (including with respect to Hazardous Substance., as specifically taddresscd in Section 9A herein) arises atter Tenant's complete assignment for conduct predating said assignment. the. Tenant shall not he rcheved of obligation, or liability arising from this Lease. 14.e. Documentation-, No Iacrmittcclsubletting by Tenant shall he effective until there has been delivered to Laitdloard a copy of the sublease and an executer! Operating Permit and Agreement in ef'hich Ow ,wbicnant agrees not to vioiate and to pact in coril'orinity° with the: term,,., and provisions cit this [,case: provided, that now ()peratirig Permit shall he required fior (he: Subletting of 1111war or tic -down space for aircrall stowage purposes. No permitted assignment sh=ill lie effective: unless and uaitil there, has neon dclivcred to [ andlord a co o€nterpar€ of the assignaraent in vvii1ch the all oat`km ant'w obligations undcr this 1 -ease ;arising on or tatter the: date of thy:€issi6'tin)cnt, 14.!: No lklerg r Widwut iiii-titing any of the: pro%visions of this 4coion, if Tenant has c:ntared into: zany suhlcascs o}t'ant- portion oaf tlic: f a-cri7iscs. the: voluntary or ollwr surrender cif thi M! h ;h'%"a0 1:irtE:r1:DtI 1(111TT 04 CA • (_€1AtI CC; Le,i,sc by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger and shall tcrsitrnate all or any existing subleases or subtenancies. 15. DEFAULT AND REMEDIES-, 15.a. tf.:MEDI S - 15.a. Default.: The occurrence of any of the following shall constitute a default by Tenant under this Lease: I i.a.(1) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a periM of Eine (5) business days aper notice of such default has been liven by Landlord to Tenant. A "business day" is any day ether than. (A) a Saturday or Sunday,, (f3) a federal or State of Washington legal holiday. (C) a clay when hanks are not generally open for business: in the City of Renton, and (D) December 23 thrcou0a December 31, inclusive. 15.x.(2) Failure to Comply with Aigxort Regulations and Minimum Standards. Failure to comply with the Airport Re=gulations and Minimum Standards. if the failure continues For .a period of twenty-four (24) hours after notice cof such default is given by Landlord to Tennant. if the failure: to comply cannot reasonably be curd within twenty-four (24) hours, then `rentant shall not be in default under this Lease if Tcnant commenCey to care the failure to comply within twenty-fhur (24) hours and tiiligent.ly and in good faith continues to cure: the failure: to comply. I3,a.(3) Other Defaults. Failure to perlonn any other provision of this Lease, if the failure to perforan is nut cured within thirty (30) clays atler notice of such default has beim given by Landlord to Tenant. if the default cannot reasonably be cured within thirty (30) days, theca Tenant shall not be in delault under this Lease ii -Tenant commences to cure: the default within thirty (30) days and diligently and in good faith continues to cure the default. The foregoing shall not be cons"ed to alter or expand the scope tot - Tenant's obligations under Section 9 herein. including but not limited to, the time allotted eco Tenant under any applicable Environmental Law, for RNuirements to per -form the activities it is obligated to perforin under Section 9- I 5.a.(4) _15.a.(4) Appointment ofTrustee: or Receiver. The appointment of a trustee or receiver tea take possession of' substantially all of the Tensnt's assets located at the Premises for of Tenant's interest in this Lease;, where lxossessirort is not rest4orcd to 7cnant within sixty (60) days: for the attachment. ewcution or ether judicial seizure Of sub<tantially all of Tenant's asset, located at the PrCna15C% Or of Tenant's interest in this lease. where such seizure is not discharged within sixty (60) days. t 5.h. Additional Security: If Tenant i4 in default under this Lease:, and such detault remains uncured for niore than three (3) bU,ini ss days after Landlord gives T"c�nant notice of such ,lefault. then at any time: when 'renant's annual revenues are: less than One Billiton Dollars, ('kl,ta00,00o,m)(1) Landlord. at Landlord's option. naay require Tenant to pa'ovidc sadcctuXe assurance offuture pe:rfornatance of all o l rcn.aaat's obligations under this t_.casc in the torn of a deposit in escrow, a guarantee by a third party ,acceptable to Landlord. a surety bored, a letter o credit or other ecurity scceptable to, and atpprovQd by, Landlord, 1f 'I'enctnt fails to prcov cley such adequaW assurance within twenty- (20) days crr receipt ot',a rcquest by Landlord for such adequJtt° h ��us,�Cs 0,1.11 CtIV Ikjy,Ir3lrI04i .31111171 Ii;lrte;y l CcI�^( h,IFI c"-'; It !!1r.;1 assurance, such failure shall constitute a nnaterial breach or this Lease and Landlord may. at its oVtion, terminate: this Lease. 15.c. Remedies If Tenant commits a default. then tbilowing the expiration of the notice and cure periods set forth in Section I5.a above, I,andtord shall have the following alternative remedies, which are in addition to anv re=medies now or later allowed by law, and Landlord shall use reasonable efforts to mitigate its, dkonages: Maintain Lease in f=orce. To maintain this Lease in fu11 force and effect and recover the; Rent and other monetary charges las they become due, without ter€rtinating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the lease. Landlord shall have the right to aattenapt to re -let the Premises at such rent and upon such conditions and for such a terra, and to do all acts nc;cessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and properly from the: Premises (excluding property of any nature or type located at, in. on, under or about the Premises in fultilhuent of .Ten=t=h's obligations under Section 9 of this Lease or in compliance with any applicable Environmental Laws or Requirements),, such property may he removed and stored in a public warehouse or elsewhere: at the cast of and on the account of Tenant. In tine cvent any such re -letting occurs. this Lease shall terminate automatically upon the rnevc- Tenunt taking posscssion of the premises. Notwithstanding chat Landlord fails to elect to tenninate the- Tease initially, Landlord at any time during the Tenn may elect to tenninate this Lease by virtue of such previous defsiult of Terkant sa long as Tenant remains in default under this L.case. Notwithstanding the Forming, Landlord shall not undurtake or permit any activity at. III, orf. under. from, or about the Premises or the: Airport that would interfere with Tenant's Lability to meet its obligations under Section 9 of the Lease or comply with any applicable: Environmental 'Laws or Requirements, including but not limited to.. any such activity that reasonably may damage, impede, or interfere with the effectivencss of any investigation or cIe€anup Of a release of any lia/,:ardour Substances tIt'. III, on, under, from orabout the Prcurkises or the Airport, I S.c.(?) Terniinate Lease. To tenninate, Tenant's right to possession by any lawful paeans. in which case. this Lease shall terminate and Tentant shall immediately surrender possession. of the Premises to i_andlord. In such event landlord s€call be entit.lcd to recoxer from Tcnant all daurnages incurred by Landlord by reason etf Tenant's dcrault including without limitation thereto. the fallowing: (i) any and ,all Unpaid Rent which had bc:eri earned at the time of"such terr€aination, plan, (ii) any mid all Rent which would have peen e=arned atter termination until the time (if occupancy of the Premises by a new tenant follows Ing the rcletting of the Premises, plus (iii) anv other amount ne cessary to ca.rnahcnsratc L.andl«rd fair will the dctriitlent p.rnXitrtrltc;ly crruscel hY lenarrt's tailura: to perforin its obligations undcr this lxatie or in the or€ ma.ry course of things would be likely to result therefrom. including. withclut Ikill itation. any costs or cxpen4cs inc:uroM by; Landlord in (A) retaking of' ?he Premises, including reasonable iattorncy fees therefor. (B) plaint€iiaaing err. pre:scr"ing the p.rctmse;> Aff such defiWlt, (C) preparing the Prenaiscs iOr rclet.ting to a rae.ww tc:sa"Int, including re:pGam, or necessary altcratjoiv€ to tliv Pr-cimscs [br screh reletting, (D) leasing cornmi.ssion4 incident to I-Octting to a new tcnaot, and r I.,) .,Tv, other costs neccss;ary or to rete€ the Premises; plus (.10 at Landlord's cicctiwi, Such f; Es o � k°U T ir.,e31 c IEr ticrIr!r"cnly ,a11rkuIl t cap>C i1;tpIgc^-I other amounts iti addition to or in lieu orthe tbregoing as may be permitted from tithe to time by applicable state law. I -he amounts referenced iit this Section include interest at 1? `O per annum. Notwithstanding the foregoing, Landlord shall not undertake or permit any activity at, in, on. under, from, or about the Premises thatt would interfere with Tenant's ability- to nieet its oli it;4itiOnS Linder Section 9 of thy` Lease or to comply with any applicable Ensironrnentitl Lain or Requirement, including but not limited to, any such activity that reasonably inay damage.. iinpLde, or interfere with the eftective:ne;ss of any investigation or cleanup of a release of any Hazardous Substances at. in, on, under, from or about.the Premises or the Airport, 16. BINDING AGREEMENT: Subject to file restriction upon atssi&maxtent or subletting as qct forth herein, all ofthe terms, conditions, and provisions (if this Lease shall he binding upon the parties. their successors and assigns, and in the case of a Tenant who is a natural person, his or her per,;onal representative and heirs. The rights of the Tenant under this Lease shall not be affected by any sale, lean;, or other disposition of the Airport (other than the exercise by FAA of its paramount rights) or the City's interest in the l..,cas4, or any transfer of operational control of the Airport by the City to any third party- 17. arty_ 1?. 'CONDE CONDEMNATION. if the whole or aatiy substantial part of the Premises shall be condemned or taken by landlord or any county, state, or federal authority for any purpose, then the: Term shall cease as to the: part so taken tiom the clay the possession of that part shall he rcquired for any purpose, and the rent shall be: paid up to that date. From that clay the Tenant shall have the right to either cancel this lease and declare: the sarne: null and vend, or to continue in the: possession of the reinaindcr of the sanse under the: terms herein provided, except that the: rctit shall be reduced in proportion to the amount of the Premises taken fur such Pohl is Purposes_ rill damages awarded for such taking far any public purpose shall Won to and be the property of the Landlord, whether such damage shall be awarelcd as compensation for the diminution in value to the leasehold, or to the fee; of the Pix:mises herein leased. Damages awarded tier the: taking, of Tenant's improvements located cin the Premises shall belong to and he atwarded to Tenant. 18. SURRENDER 01" PREMISES: Tenant shall quit and 4urrcnde:r the Premises, as described in paragraph 1.a. at the end of the 1"erin in .i, ctnd a condition as the reasonable use thereof would p, tmiiit, normal wear and tear excepted_ Alteration , additions or improvements which may he made by either of the parties hereto on the Premises, except movable; office f imiture Or trade fixtures put in aL the: expense cif Tenant, shall lacy and remain the property of the: Landlord and shall remain on and he surrendered with the; 11rciniscs, as a part thercor at the termination cif thi,, Icase without hindrance, molestation, or injury. Tenant may remove from the Preinises movahle office furniture or trade: fixtures put in at the expense of'Fenant. '' nant shall. A its expense. properly and promptly repair to l.amllord`s reasonable sati,faction any damage to the: Premlt ,cs occasioned by Tkmant's Lige thereof; or by the removal of Tenant's €t ovarhlQ orfwi, furniture or trade ti.xturcs,-which repair : hall inclucfe the patching and tilling est hales and relmir of siructurai dania, :1ny -uch repaiirs aand or tvnov� ttit�ins shall he ecmiplot:d by Tenant at surrender of the; Preini,es or at the enol of the instill Torii, whichever conies firiNt. Nothloc_ irI this Section 18 shall he constrtwd to atk:r or expand the wope of Tenants ohligo6on iisider Seelion c) of this Lease, I;: k_� 3kci-Tg l 10 ;il i 3i Notwithstanding anything to the contrary in this Paragraph 18, the Parties agree that the: provisions rt;iating to the 5-50 Building (paint Hangar) sept out in Paragraphs 12:a and 121h, above, shall govern the surrender of that building, 19. INSURANCE: I q.a. Tenant's lnsur€ncc:Tenant, at "Tenant's own cast and expense, will provide: and beep in full fora; and etTc:ct (luring the Lease Tenn, commercial general liability insurance with limits of'riot less than a 1,000,000 covering bodily injury to any person, i€ eluding death, and loss of or damage to real and personal property, or shall self -insure for the sane. insurance; provide([ hereunder inay bu prov-idcd under Tenant's blanket liability insurance: policy, During the Lease Tenn Landlord shall be named as an additional insured under insurance carries] pursuant to this section fes the: exYcnt of Ter►a►nt's undertaking set forth in Section 19_b. and a publicly available: inte;rnet site containing an cicoronic memorandum evidencing such insurance (:0ver;tgc shall be made available to Landlord, Such nternorandurn of insurance will provide f�►r forty five (45) days' advance notice in the; event of cancellation. Tcnant shall he in default of this Lease if said liability policy is canceled or terminated and is not replaced with insurance as required by this section, except when Tenant has elected to sial=insure as provided in this Section. The insurance required herein shall be primary insurance as respects the City. Any insurance, wlf-insurance. or insurance rtool coverage maintained by the City shall he excess of the 'T'enant's insurance aod shall not contribute with it. In the event of the Cancellatifan Of such insurancc, l cTlant will (1) replace such insurance prier to the {late: on xhich it is canceled with insurance that meets the requirement,, of this scction or (?) provide self insurance to replace: such insurance. That Liability Insurance limits act out in this Section :hall he subject to change every six (ti) years to coincide with the rental adjustment date. The neve Liability Insurance limits shill be established by the; then current limits being imposed by Landlord throughout the city, but any such increase shall he ressonabte in the circumstances in light of the practices of commercial landlords in the. City of Renton, and in no event will Tenant be required to maintain commercial general liability coverage in excess of Five Million Dollars (S5.00O.{)€)f .O0), and PROVIDED that Landlord rvscrves the right to negotiate a higher figure if .and vknccn Tenant exercise4 an option to extend the LeaseTern). lq_h. Inclernnity: Tenant shall defend, ind ntnifs°. and hold harmless Landlord boon and against any anti all third party clai€ns or liability for NAlily injury to or' death of any person car h, , of or darstage to any property arising out of 'I'cnartt's use of the: Leased I'retnises est the Rcnte>tt N-lunicipal Fairport or front the conduct €>t`Tcn�nt's husincss or from ,any activity, work or thing dont, pennitttd or suflel'ed by TCnam, its ,Igcnt,,, orltlplctyee5, Coll tractors or irtvitc;es in or about the Leased Premises or the Renton Municipal Airpoll exeept! I9.b.( I ) claims and Ilahilitics to th€w, extent c:rcasecl by any nvgligcnt:e on the Dart of Landlord, its ;:rgcnts, entplc yces, contractor.,; or invitee,, or 19.1~140 claim and liah litie4 for property damat-c addreascd in SeQ.O4 n 1 t) c. �.0 N .0: ,! .a ILI/It, ih% Liqlqr10 00.:if,A-I H,101' t.�,k-c t ll.,rir4.• $0 1 1 �t In the absence of any negligence on the paint of the Landlord, its agents, employees, contractors or invitees, such indemnity shall include all reasonable costs. atomeys' fees and expenses incurred in the dcfense of any such claim or any action or proceeding brought thereon. In the event any action or proceeding is brought against Landlord by reason oCany cla[in falling within the slope ofthe foregoing indemnity, and in the absence of any negligence on the part of Landlord, `t-enant upon Written notice from Landlord to Tenant within 60 days after Landlord receives notice of the claim shall defend same at Tenant*, expense by counsel rttas?nably satisfactory to Landlord. The foregoing indemnity is conditioned upon Landlord pros [ding notice to Tenant within sixty (60) drys after Landlord receives notice of any claim that falls within the scope oftile, foregoing indemnity, providing Tenant an opportunity to defend or settle: such claim, and cooperating fully with Tenant in any defense or settlement of the c:lairn or liability, PROVIDED, HOWE FR: (I ) if Landlord is served with a summons and complaint in conncction with such a claim, Landlord shall provide notice: of such claim to Tenant in a mariner that will permit Tenant to ans"er such summons anti complaint within applicable time limits and (') if Landlord fails to provide notice cif a claim to Landlord (w-hethcr or not Landlord has been served as provided above). Tenant's indemnity obligation shall nevertheless continue, but Tenant's obligation to Landlord under this section shall he reduced by the amount, it'any, by which 'Tenant's liability under this indemnity has been increased by reason of such failure by Landlord. 19.c. Mutual Waiver of Claims. Landlord and Tenant each hereby release the ether From, and waive, their entire claire of recovery for loss of or damage to property arising, out of or incident to (ire, lightning or any other perils normally included in an "ail risk" property insurance policy when such property constitutes the Leased Premises or is in, on or about the Leased Prernises, whether or not such loss or damage is due to the negligence of Landlord or Tenant or their respective agents, employees, guests,. licensees. invitees or contractors. 19.d. Mutual Waiver _of'_Subrok!4titin! Fae:h of Landlord and Tenant shall cause its insurance carriers to waive: all rights of subrogation against the other party hereto to the extent of Landlord's or Tenant' claims for property cfantage co ercd in Sections 19.b, and 19.c. 20. TAXES: Tenant shall be responsible for the payment of any and all taxes and arse settents upon any property or use acquired under this Leant arta upon any a1wrations or improvQtnent made by Tanana to the Premises. Vit, HOLDING OVER: IfTcnant, Landlord's prior consent, remains in possession of, the: Premises ager expiration or termination ofthe Terni, or after the date in any notice given i}y Landlord to Tenant terminating this L.eaw_ saich possession by Tenant shall be deemed to he a tne.tnth-tet-month tenancy terminable by Landlord by a notice given to Tenant at least thirty (ait) days prior to the end of any wch inowhly period +er b� ' cn;tnt by, it notice given to Landlord tit lcw,t thirty (30) days prior to the end of any such nionthly period. During such month-to-ntorith tenant y, Tenant .ihall pay Rctit in the amount ilrcn itgrCed to in writing by Landlord and Fenacnt. -ill provisions of ;his I.case, except those pwatini€tg to term, shall apply- to tile; nuortth-to-wonlh t nanc Y_ ME '€.=.iJk:.rsI=/.YI Jt� alrjkwl-tjo�ir€�4 L.cn,a C larl}:C­5 IiI;k�s3t ??. NO WAN VR: It is further covenanted. and agreed hetwvcn tfte parties hereto that fto waiver by Landlord of a breach by Tenant of any covenant, agreemcnt, stipulation, or condition of this lease shall he construed to be a waiver of any succeeding breach of the sante covenant, agreement. stipulation, or condition, or a breach of any ether covenant agreement. stipulation, or condition. The acceptance by the L-andlord (if rent alter any breach by the Tenant of any amvenant or condition by Tenant to be performed or observed shall he construed to be payment for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 23. NOTICES: All notices or requests required or pennitted under this lease shall be in writing-. shall be porsunally delivered. delivered by a reputable express delivery service such as Fcderaal FFxpress or DHL, or sent by certified mail. return receipt requested. postage prepaid, and shall he dcerned delivered ren receipt or refusal, All notices or requests to LandtOT'd shall be sent to Landlord at Landlord's Address scat forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant's Address set forth below. Landlord's Address: T'enant's Address For Notice:: With a copy tet: Airliort Manager Renton Municipal Airport 616 West Perimeter Road, Unit A Renton, Washington 98057 The BoeinLl Company Attrr: Lease Administration 4501 F. Conant Street Mail Code: D85I-0097 Long Beach, CA 90808 The Roving Cornpany Attw Site Director Mail Code 67-12 PO Box +707 Seattle: WA 98 1 24-2 207 Lither' party may change the address to which notice, shall he sent by written notice to the other party. All notices shall be deemed delivered when received, provided that noticed delivered to Tenant beginning on December 23 of any calLxdar year throu_Om January 1 cif Cite f011<rw°ing: calendar year shall not be: dccnicd to hawQ been received until the closc of the first clay when Tenant is open for business in such f011ow ing calMdar year. Notwithstanding any usher provision of this Agreement to the contrary, ifone party rttaakes a }aayin rtt to tile; oilier party for an aniount owing; eratdcr this l.ea:sc in an arnount les-, than the full amount then duct and payable, the unpaid halaance shall reinaain duc and payable. ".hether or not Such unpaid aaniuunt it, in disputc and w°hethc:r or not the party maakirtg such paaynrott has pltacciJ a °'P aYmertt in 1:011" PT similar legend on the Instrument by which payment is made. the patsies havQ executed grid dclivcrcd a w. par.aic written agircerlicril scatling, tlic ;l1nount owod w a !I: - a it `IEw E ql-.alTsrter1 Roo IIg t..casc 0Iaw I0!t; (3; "Settlenrctrt f' grc:ement"'y The party receiving %clue for such partial pa inent shall not h doemed to hatie waived its right to receive the: halanec of'the rctnainirig arnount clue unless such party has executed and delivered a Settlement AV) ccr ent waiving its claim to such balance, Any payrncnt from Landlord to Tenant shall be addressed as follows', alld shall not ht delivered it) Te=nant's address for notices: Tenants Address for Payment- Via US Mail,- Boeing ail:Boeing Shirred Services Group P.O. [fox 842289 Dallas, TX 75284-2289 Viet Courier Delivery: Bank of Arncrica Lockbox Service:( l nfoinart Lockbox 842289 1950 N S€etmnons freeway, Suite 5010 Dallas, TX 75207 24. DISCRIMINATION PROHIBITED.- 24.a_ Discrimination Prohibited: T:ttctnt ccrc rants and agives not to discriminate against any person or class of persons by reason of race, colter, creed, sex or national origin in the use: of any elf its facilities provided for the public in the Airport, Tenant further agrees to furnish sen ices on a fair, equal and not unjustly discriminatory hasis to all users thereat, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service: provided that Tenant may snake reasonable and non-discriminatory discounts, rebates, or other.similar twos (lt' twice reductions to volurnc purchasers. 24,b. Minority Rusiness Fntcg)ri.e Police; It is -the; policy of the Depailtnient of Transportation that minority business enterprises aii; defined in 49 CTR R. Part 23 .shall have the: msrxilnurtl opportunity to participate in the perforluancc; of leases as defined in 49 CT.R. 23.5. Consequently, This )case; is subject to 49 C.T.R. Part 23. its applicable. No person shall he excluded from participation in. denied the benefis ref or otherwise: discriminated against in connection with the award and perrorrnanc:c: of my contract, including leases covcrcd by 49 Part 23, on the s rr�und of l',�ce, coJt�r, n�ehonal origin or sex. 24,c, Afrpl.ication to Subtenants: Subject to the provisions (it' Section 13 of this Lea► ci, Tenant agrecs that it will include the above clause in Al assiD_itncwl , ofthis lease or suh-leer,,es, And Caine its .r- isnrec(s1 and uhten�illtts) to sinuhirly include the iibove clause in furlher assiunineilt5 or suhleaas o0hls t..ta sc. '15, MAJE1,R€_: Ill (lie c�,4nt ftal other peat( hereto shall tic dela ed or hindcred in or prevented from the pc00i•rnavxk: cit"arty ;icl ri,xlc€ir'cd hereunder by rc.rs«rt a�f� trikt s, lockouts, l (bot troubles, inability to IrrOcurw matcriLds, f_�Jiltirc of p ok%,cr. viper utilities or related tf serv,iccs, restrictive governmental laws or regulations, failures or delays in obtaining gover"nincntal approvals or permits that are not ca1.14ed by Tenant, riots, insurrections, war, or other rcatson cit' like nature not the fault of the party delayed in perfoniiing work or doing acts required under the, terms (if this Lease, then perfiinnance of such act shall be; extended for a period CgUivalent W the period of such delay. The pro,.isions of this Section shall not, howe�-er, operate to excusc Tenant frorn the prompt payment of rent, or any other pa)iitcnt required by the terns, of this Lease, to be made by Tenant. 26. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises. Landlord shall be rclievcd of all liability under this Lease arising out of any act, oecurrcnce, or ornissivn occurring after the consummation of such sale, conveyance. transfet, or assignment. rhe Landlord's transterce shaall be deemed to have: assumed and agreed to carry out all of the obligations of the 1, andlord Under this Lea,c, including tiny obligation with respect to the return cif Eany security deposit. 27, A" 1"ORNEYS FEES AND COSTS-,_t:'C)l LE(`"TION C'C1S"i`Sw If either party hangs any action fie relief against the other party. declaratory or otherwise, arising out cif this Lease. including; any action by Landlord for the recto cry of Rent or possession of the Premises, the prevailing party shall be entitles{ to rc;:asonable attorneys' feeti, and casts Of htigrttion a established by the: court. If the; matter is not litigated or resolved through at lawsuit, then any attorney's tees for collection of past-cir.rc runt or cnf src:ensent of any right (if Landlord or duty of Tenant hcrcundcr shall entitle landlord to recover. in addition to any late payincnt charge, any costs of collection or enforcement. including; altorncy's tees. ?S. DE-FINI; [ONS: As used it) this Lease, the following words and phrases. whether or not capitalized, shall have the following ineanings: "Additional Rent" means any charges or inonetary sums to be paid by Tenant to Landlord tinder the provisions of this Lase other than Minirnuni Monthly Rent. "Agreed Order- shall have the: ataeanirtg ascr'ibi:d tcs it in Scction 9.a.T3). -Authorized ripresentatiws" nieans any officer, agent. employer", uncle ndcait contractor or invitce: of either party. "Claim- shall have the incaning asc:rihcd to it in Section 9.d.T l )(al. "Ecology" shall have the meaning ;isei•ihcxl to it its Section Q_a.(3). "Fimrorimenial Laws: and Recluircmciits" iiiearas any and all federal, slater, lk)e:al laws, .twlkrtes.. ordinances, rules, rcg ilatioiis and or c:krnimoll law relating to ejivironrnental protection, Ctinlam ination, the rt;lc:ase, generation. prodw:fion.. transpcart, troatiiient. pro%xssing:, use, disposal, or ;Nrage of Hazardous Suhstaneec, vwricer° health or iatety' or industrial hygiene, and the ref'a.il,ations promulgated by rcgul.atory Eagcticics pursuant to these laws, and any ,applicabic tcderril, "kite. and/Or local rzt;aalaterrl4 .r41cr1CV-i11i1t'MVd ORIers, rc uirert vwfi , € blioiations, dirwic°cs, noticcs. approvals. licenses, or permits, 32 (C'irii,•tE Wilt &pu.wII n B%IcItIV;.aEarf it,tII�":,-5;(I Tx isting Boeing Renton Site— shall have the nacaaning ascribed to it in Section 9.a.( I ). "Fxistirag Bcacin-R Rentor[ Site Contamination" sh atl have the rneaning <ascrilwd to it in section " Expiralion" means the canning to an end of the time specified in the [.ease as its duration, including any extension of the Term. "Hazardous Substances- means any and all material, waste, chemical, compound, substance, mixture or byproduct that is identified, de incd, designated, listed, re=stricted or otherwise regulated under any Environmental Laws and Requirements as a "hazardous con tituerat," "hazardous substance," "hazardous n►ate:rial,"° "extrernely hazardous raaaterial " "hazardous wva4te", "acutely hazardous waste," "hazardous waste constituent," -infections waste,'" "medical waste," " hioh ►zardous waste," `"extreme=ly hazardous waste:,., "pollutant." -toxic pollutant" or -contaminant." -rhe torn "llazardous Substances- includes, without limitation, any material or substanc=e which is (i) hexavalent c=hromium; (ii) pentachloropherfol: (iii) volatile organic compounds-, (iv) petroleum; (v) asbestos; (vi) designated as a "hazardous substance" pursuant to Se=ction 311 of the Federa1 Water Pollution Control Act, 3.3 U.S.C. ` 1 "?51 et seq- (33 11.S.C. § 1311). (vii) de=fined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 US-C. § 6901 et sc:q. (42 C.S.('- § 6903), (viii) defined as a"hazardous substance" pursuant to Section 101 of the Comprehensive. Environmental Response:, Compensation and Liability Act of 1980, as amended, 42 U.S.0". 9001 et seq. (42 U.S.C. § 9601). or (ix) designated as a -hazardous substance[" pursuant to the Washington Model Toxics Control Act, RC'W 70.105MI Oct seq- -Heightened Use" shall have the meaning ascribed to it in Section 9.d.(I)(b). "Known Contamination" shall have tlae meaning ascribed to it in Section c>.a.(2). "Landlord Environmental Indemnity Claims. Damages and Casts" shall have the meaning ascribed to it in Section "Lead Agencies- shall have the nacaning ascribed to it in Se=ction 9.a.(3). "No Further Action Letter" shall h.a4c the meaning aschb d to it in Section ..Parties" inc ans Landlord and icnant. "Pe=rson" means Orte or more hunian 1wings. or legal entities or other [artificial persons. including withow limitation, partnerships, corporations, Trusts, estates, nssociations and anv �omihiaastion ot' hu€aa=an hc:irngs ind legal cr►[ilius. "RCCA" shall have the meaning ascrihed to it in `,,colon 9.a.(3), Rernech-4tic�n" �haall hw -e the naca.►rung;>awribed to it in Section ot.a.(4) ki h:"s�tc;i�i'.dtsI'Ll'<IrMIant-t,33rw,€°.t3oongl;':?::c1,1t;IIILL cW.lBr�r "Rent„ means Minimum N onthly Rent, as adjusted from time to time: under this Lease, 4nd Additional Rent, "Tenant Environmental Indemnity Claims. Damages and Casts" shrill have the meaning ascribed to it in Section 9.d.( t)(a). 29. EMERGENCY RESPONSE Tenant must provide to the Airport Manager reasonable access and response in tirrics cif` eer cq eney or urgency. Landlord's enicrgenc;y resportse: services will be provided to Tenant at no additional charge to Tenant as part of Landlord's general governmental «hligations. Landlord acknowledges that Tenant maintains €tn cnlerge:ncy response capability at the Pr# tnise s for use In connection with the operation of Tenant's business at the Airport. 10. GENERAL PROVISIONS: 30.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings. between them. This Lease may not he amended or rescinded in any manner except, by an Instr.inicat in writing signed by a eluly authoriacd officer or represcntatn;e of each party hereto, 30.h. (Joycrning Law: This Lease shall he govcmed by, and construed and enforced in accordance with, the laws of tltc State of Washington. 30.c. Severability: Should any of the: provisions of this I.easc be found to he invalid, illegal or unenforceable by any court of cotnpetent jurisdiction, such provision shall be stricken and the remainder of this Lease .shall nonetheless remain in full Force and effect unless striking such provision shall materially after the intention of the partiers. 0A. Jurisdiction and Vcnuc= In the event any action is brought to cnfurce ally of tile: provisions of this I -case. the parties agree to he subject tea exclusive in persona€n jurisdiction in the Superior Court of the State of Washington in an(] for the: County or King or in the C, nited States District Court fi,rr the Western District of Washington. 30.e. Waiver,- No waiver oftany right Linder this Lease ~hall he effective unless contained in a writing; signed by a duly authorized ofliccr or rcprescmative; of the party sought to be charpcd with the waiver and no waiver of any right arising from ,my breach or failure to perform shall he deemed to he at waivc;r of tiny future right or of piny other right arising under this I-ca;c. 3€),t. C�s: Section captions contained in this Lease: are included Im- c:omcnicilcc Ortly and rorni no part ofthe aig.reeinent howccri the [1artics. (f.g.*5€�rtG as Fe tr_tt_ The te�F�tt l'enaelt"]�,:€Il be clecstled to include the assigncc tik here there is at bill assignnnent (if tile l...ease. 30.h, Effectiveness: This Leasc shall not 11c binding of eft'ectivc switil properls crecuted and delivered by Landlord and fcnant. 34 5,1_ aillr,J 0;Tii eai4 if ^'��rlrnc;�es a'l';x �f I3�wiatF t.€asc'�' :ii! ,-S tl-!ti; 45 30.1, Gender ,and Number: As t€sed in this Lt,,iw, the masculine shall includc; the feminine and neuter, the feminine shall include the masculine and muter, the; neuter shall include: the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the atntcast may require. 30.j. Time_of the Essence-, Time is Of the essence in tlae performance ofall covenants and conditions in this Lease for which tinge is a factor. 30.k. Joint and Seycral l.iahilit : lt"Feriant is composed of more than one person or entity, then the obligations of all such persons and entities under this Lease shrill he _joint and seviti ral. 30.1. No Recordation Without Consent Eat` Landlord: Tenant shall not record this Lease: or any mcnafarandurn of this Lease without Landlord's prior w rittc n, consent, 30.na. Cuiaaultative Rcmaedjes: No re€aac:dy far election la4reunder shall he deenwd t:xclusive. but :hall, wherever possible, be cumulative with all other remedies at law or in equity. 30,n. Corporate Authority: If Tenant is a corporation or limited liability company. each individual executing this [..,case on behalf frf said corporation or Iii-nitcd liability company represents and warrants that he is duly authorised to execute and deliver this lease can behalf rat said corporation or li€niteff liability Company pursuant to duly enacted resolutions or other action sof such corporation or limiled liability company and that this Lease is binding upon said corporation or limited liability company in aceordance: with its terms. 30,ki. Addenda to Lease: 'The provisions cif this Leave shall he subject to those of any Addenda attached hereto, TENANT: l he Doeing Company a l3claec are corps w ation F €)ate:�f��C.? LAltiDLORD: THE CITY O R NiTN it washim"to►a municipal corporiaiion NLtyor Denis (.aw Date' __..'.__... A7" TEST: 1 44e City(I'lerk Bonnie I. Walton Datc: ?�7a-lv -cd ato al form- Appros x s 9 kiwrence J. Warren. City Attanicy t AC KNOW LED61"NTSTO BE ADDED FOR EACH SIONA-rURE] Attachment A ThroUghThe [ence Acce.,,,,; Agrceniem Ic Ul� I 'at', € 1,4M I, iii wm ,t I rpoti lit ng € ca�� I State of Washington ) County of king ) ACKNOWLEDGMENT ss. I certify that I know or have satisfactory evidence that Steve: Sahlin r is the person who appeared before me, and said person acknowledged that he.'she signed this instrument, on oath stated that heirhe was authorized to execute the instrUFnCnt and acknowledged it as the Authorized Sigpatoa of The Boeing Company, a Delaware co")ration to he the free and voluntary act and decd of such party for the uses and purposes mentioned in the instrumento Dated:` POIIC Sub Of Wishingt" ARLENE C HtCE MY 4001atMett E%Pkss Aug 15, 2012 Notary public in and for the State of Washington, residing at My appoli ntrnent expires H t/2 GE SFC A 'MP. M., RGE OSE. 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" i u�i.:"�� a' nr: s_L' .u4'. i':" .::: .'i -:" c,e.r. �. �>-�.." .i�..:� L -"a ,. __, ._ a � � y. _! ,�, Nk _ l 5 L R i X X} R � P ', r i a s t.. �, ... .. .�. _ � f, �. 1 j �:' r. ... .r.. .,-mac`, v c. ,. ,. .. .-L>. � � _ ,.�..._,._. i � . � rt �[ 1 r.- -w �n n l WO p lEASE PARCEL FUEL FARMIS UILDING 54 wHpd(l K FXHISi T "G' --- - -------------- z{ az lEASE PARCEL FUEL FARMIS UILDING 54 wHpd(l K FXHISi T "G' --- - -------------- z{ Attachment A to Ground and Building lease Between the City of Renton and The Boeing Company THROUGH THE FENCE ACCESS AGREEMENT RECITALS: A. This is an Attachment to the Ground and Building tease between the City of Renton ("City") and The Boeing Company ("Boeing"), LAG to—o03 (hereinafter "Lease") pursuant to which the City will lease to Boeing and Boeing will lease from the City certain premises ("Premises") on Renton Airport (the "Airport) for a terra of twenty (20) years commencing on June 1, 2010. This agreement shall be referred to herein as the "Through The Fence Access Agreement" or "this Agreement". B_ In order to use the Premises for their intended purpose, Boeing requires access to the Airport from two properties to the east of the Airport owned by Boeing and used by Boeing for the production, assembly, testing, design, and support of commercial jet aircraft; Boeing also requires access to such properties from the Airport. These properties are Apron "D" (South) and the Assembly Plant (North). (These two properties are sometimes referred to in this Agreement jointly as the "Boeing Renton Plant"), C. The purpose of this Agreement is to establish the conditions for Boeing to access the Airport from the Boeing Renton Plant, This Agreement is intended by the parties to meet the requirements of a "through the fence" agreement as required by FAA Order 5190.66 (the FAA Airport Compliance Manual) and the Compliance Guidance Letter issued by the Federal Aviation Administration in connection therewith in draft form in October 2009, AGREEMENTS: In consideration of the mutual promises of the parties set out in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Boeing hereby agree as follows: 2. Grant of License: The City hereby grants to Boeing an exclusive license to enter and exit the Airport through the access point or points shown on Exhibit 1 attached hereto (each, a "Boeing Access Point")_ 2. Consistency with Federal Property Conveyance Obligations and Federal Grant Assurances: This Through The fence Access Agreement permits access to the Airport from private property which is not owned or controlled by the City. The City has advised Boeing that, as the Airport Sponsor, the City is required by its federal property F1NAt, I I F ss ot4_t0-1 0 I'aac 1 -A Pi conveyance obligations to ensure that the Airport maintains a fee and rental structure for the facilities at the Airport to make the airport as self sustaining as possible. The access to the airport granted under this Agreement is subordinate to the Federal Grant Assurances given by the City to the Federal Aviation Administration in exchange for federal funding of capital improvements at the Airport, The City warrants to Boeing that the license granted by this Agreement does not contravene said Federal Grant Assurances, 3. Specific Ripht of Access Granted: This Through The Fence Access Agreement grants Boeing access onto the Airport from the Boeing Renton plant, including Apron D and access to the Boeing Renton Plant and Apron D from the Airport. This Agreement specifically allows personnel, vehicles and aircraft access to and from the airport as long as the need for access to and from the Airport is consistent with the aviation related uses specifically mentioned in Section 8 — Use of Premises in the Lease. 4_ Payment of Access Fee. Boeing shall pay to City an annual Through the Fence Access Fee in the initial annual amount of Two Hundred Seventy-one Thousand Ninety- two and 52/100 Dollars ($271,092.52), payable in equal monthly installments on the first day of each month during the term of the Lease (including extensions thereof), subject to increases as set out below. A Through The Fence Fee Through The Initial Lease Term The Through the Fence Access Fee shall be subject to automatic adjustment on each of the third (3`a), sixth (6`h), ninth (91 h), twelfth (12"), fifteenth (15`h), and eighteenth (18`h) anniversary of the Commencement Date, respectively (any of which shall hereinafter be referred to as "Adjustment Date") as follows: As used in this Section 4, "Index" means the Consumer Price Index for All Urban Consumers for Seattle -Tacoma -Bremerton All Items (1982-84=100) (CPI -U) published by the United States Department of Labor, Bureau of tabor Statistics; "Beginning Index" means the Index which is published nearest, but preceding, the Commencement Date; and "Adjustment index" rneans the Index which is published nearest, but preceding, each Adjustment Date. On each Adjustment Date, if the Adjustment Index has increased over the Beginning Index, the Through the Fence Access Fee payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the Through the Fence Access Fee provided for in Section 4 by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The product shall be the Through the Fence Access Fee for the three (3) year period (or two (2) year period in the ease of the final Adjustment Date) following such Adjustment Date. In no event shall the Through the Fence Access Fee determined pursuant to this paragraph be less than ($271,092.52). B Through The Fence Fee After the Expiration of the Initial Term (1) If Boeing has exercised the First Extension Option under Section 3b of the Lease to extend the Term of the Lease, the amount of the Through the Fence Access Fee shall be adjusted as of the first day of the First Extended Term as follows. promptly following the City's receipt of Boeing's notice that Boeing will exercise the First Extension Option, the City and Boeing shall commence negotiations to establish the Through the Fence Access Fee that will be effective on June 1, 2030 (the "First Adjusted TTF Fee"). If Boeing and the City have agreed on the First Adjusted TTF Fee on or before December 1, 2029, the parties shall enter into a written agreement establishing the amount of the First Adjusted TTF Fee and such amount shall be payable by Boeing on June 1, 2030. (2) If Boeing has exercised the Second Extension Caption under Section 3b of the Lease to extend the Term of the Lease, the amount of the Through the Fence Access Fee shall be adjusted as of the first day of the Second Extended Term as follows. Promptly following the City's receipt of Boeing's notice that Boeing will exercise the Second Extension Option, the City and Boeing shall commence negotiations to establish the Through the Fence Access Fee that will be effective on June 1, 2440 (the "Second Adjusted TTF Fee"). If Boeing and the City have agreed on the Second Adjusted TTF Fee on or before December 1, 2039, the parties shall enter into a written agreement establishing the amount of the Second Adjusted TTF Fee and such amount shall be payable by Boeing on lune 1, 2040. The First Adjusted TTF Fee and the Second Adjusted TTF Fee are sometimes referred to in this Section 4A individually or collectively as the "Adjusted TTF Fee". (3) If the City and Boeing have not agreed on the Adjusted TTF Fee on or before December 1, 2029 or December 1, 2039, respectively, the Adjusted TTF Fee will be determined as follows, The City and Boeing will each appoint an independent arbitrator., each of whom shall have at least ten years' experience in airport operations and finance. The City and Boeing shall each provide to the two arbitrators such information as the City or Boeing, respectively, believes is relevant to the determination of the incremental capital and operational impact to the Airport resulting from or relating to Boeing's operations at or on the Airport. Within sixty (601 days of receiving such information, each arbitrator will independently develop his or her opinion of the appr0priate amount of the Adjusted TTF Fee that such arbitrator believes should be in effect on lune 1, 203€0 (for the First Extended Term), or lune 1, 2040 (for the Second Extended Term), based on the relevant Facts and circumstances relating to the incremental capital and operational impact to the Airport resulting from or r@lacing to Boeing's operations at or on the Airport as presented by the City and Boeing. If the two amounts so determined are within five percent or less of each other (that is, if the V;;gc ; of, ; rr higher of the two amounts is not more than 105% of the lower of the two amounts), the two amounts will be averaged and the Adjusted TTF Fee as of June 1, 2030 (for the First Extended Term ), or June 1, 2040 (for the Second Extended Term) will be such average. However, if one party fails to appoint an arbitrator, the opinion of the one arbitrator so selected shall be the Adjusted TTF Fee as of June 1, 2030 (for the First Extended Term), or June 1, 2040 (for the Second Extended Term) If the two amounts so determined are not within five percent or less of each other, the two arbitrators shall retain a third arbitrator (and if they cannot agree upon an arbitrator, or if either the City or Boeing believes that they will be unable to agree upon an arbitrator, one will be appointed by the Seattle regional director of the American Arbitration Association upon the application of either the City or Boeing), and such third arbitrator (who shall be subject to the same requirements as to independence and experience as the other two arbitrators) shall review all of the information provided by the City and Boeing to the first two arbitrators and shall select an Adjusted TTF Fee that such arbitrator deems reasonable in light of all the facts and circumstances related to the incremental capital and operational impact to the Airport resulting from and relating to Boeing's operations at or on the Airport as presented by the City and Boeing, PROVIDED that such third arbitrator shall be directed that the Adjusted TTF Fee selected by such third arbitrator shall be no greater than and no less than the Adjusted TTF Fee as determined by the other two arbitrators, respectively, In these circumstances, the arnount so selected shall be the Adjusted TTF Fee effective June 1, 2030 (for the First Extended Terra ), or June 1, 2040 (for the Second Extended Term), Each party will be responsible for the fees and expenses of the arbitrator retained by such party and if a third arbitrator is used the parties will share the fees and expenses of said arbitrator equally. (4) The Adjusted TTF Fee shall be adjusted on June 1, 2033, and every three years thereafter during the First Extended Term using the method established in Section 4 of this Agreement. The Adjusted TTF Fee shall be adjusted on .lune 1, 2043, and every three years thereafter during the Second Extended Term using the method established in Section 4 of this Agreement. 5. Boeing Provides Security When Accessing the Airport From Private Property East of the Cedar River, At the access points onto the Airport from the Boeing Renton Plant, Boeing, at Boeing's sole cost and expense, shall maintain the security of the perimeter fence and the sixty (60) foot aircraft gates. When opening either aircraft access gate to allow personnel, equipment and aircraft access to or from the Airport, Boeing shall post a security guard at the gate to prevent unauthorized access to the Airport. During periods when the south bridge over the Cedar River is raised for maintenance or floods, Boeing's support vehicles may be authorized to use the north bridge and east access road solely for Boeing owned vehicles traveling from the Boeing's private property on the east side of the Cedar River to Boeing's leased areas on the airport. Boeing shall post a security guard at berth access points to the airside of the airport's perimeter fence when the east access road is in use by Boeing's employees. ,.i%\1 ttl.:,I�i 4-'€I-IIIr:'t.a," 5. ExpirationDate: The expiration date of this Through the Fence Access Agreement shall coincide with the Term of the Lease., including any extensions thereto. 7. Insurance and Indemnity Provisions: The Insurance and Indemnity provisions of Section 19 of the Lease shall govern this Through the Fence Access Agreement. 8. Default Remedies and Termination Provisions: 8.a, Default: The occurrence of any of the following shall: constitute a default by Boeing under the Lease and this Agreement: 8.a.(1) Failure to Pay Throu h the Fence Access Fee. Failure to pay the Through the Fence Access Fee when due, if the failure continues for a period of five (5) business days after notice of Such default has been given by City to Boeing. A "business day" is any day other than: (A) a Saturday or Sunday; (B) a federal or State of Washington legal holiday; (C) a day when banks are not generally open For business in the City of Renton; and (U) December 23 through December 31, inclusive. 8,a.(2) Other defaults: Defaults identified in Section 15 of the Lease shall constitute a default of this Through the Fence Access Agreement. 8.b. Remedies: If Boeing commits a default, then following the expiration of the notice and cure periods set forth in Section 15 of the Lease, City shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law, and City shall use reasonable efforts to mitigate its damages: 8.b.(1) Maintain Through the Fence Access Agreement in Force. To maintain this Through the Fence Access Agreement in full force and effect and recover the Through the Fence Access fee and other monetary charges as they become due, without terminating Boeing's right to access, irrespective of whether Boeing shall have abandoned the Premises and no longer needs access to the Airport from the Boeing Renton Plant, 8.b.(2) Terminate Lease and Through the Fence Access Agreement. To terminate Boeing's right to access by any lawful means, in which case the Lease and this Through the Fence Access Agreement shall terminate and Boeing shall immediately surrender possession of the leased Premises to City and terminate any and all access to the Airport from the Boeing Renton Plant. In such event City shall be entitled to recover from Boeing all damages incurred by City by reason of Boeing's default including without limitation thereto, the following: (i) any and all unpaid fees which had been earned at the time, of such termination, plus (ii) any and all fees which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the reletting of the Prernises, plus (iii) any other amount necessary to compensate City for all the detriment proximately caused by Boeing's failure to perform its obligations I I%A1. 111: 1'.Ia42: of iij under this Lease. The amounts referenced in this Section include interest at 12% per annum, 8.c. Additional Security: if Boeing is in default under this Lease, and such default remains uncured for more than three (3) business days after City gives Boeing notice of such default, then at any time when Boeing's annual revenues are less than One Billion Dollars ($1,000,000,000) City, at City's option, may require Boeing to provide adequate assurance of future performance of all of Boeing's obligations under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to City, a surety bond, a letter of credit or other security acceptable to, and approved by, City. if Boeing fails to provide .such adequate assurance within twenty (20) days of receipt of a request by City for such adequate assurance, such failure shall constitute a material breach of this Lease and City may, at its option., terminate this Lease. 9. _Right to Amend or Terminate: If the City receives written notice from the EAR stating that this Agreement contravenes one or more federal property conveyance obligations and federal grant assurances that are binding on the City or the Airport as of the date of this Agreement, the City shall promptly notify Boeing of the same. Boeing and the City shall then consult with the FAA and with each other and shall negotiate in good faith to make such amendments and alterations to this Agreement as may be necessary to cause this Agreement to be in compliance with such federal property conveyance obligations and/or federal grant assurances. 10. Miscellaneous 10.a. Successors and Assigns: Subject to the provisions of this Paragraph 10, all of the provisions of this License shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. if Boeing assigns the Lease or subleases all or any part of the Premises acting in accordance with the terms of the Lease, Boeing may assign this License or sublicense its rights hereunder. The rights of Boeing under this Agreement shall not be affected by any sale, lease, or other disposition of the Airport (other than the exercise by FAA of its paramount rights) or the City's interest in the lease or this License by the City, or any transfer of operational control of the Airport by the City to any third party. 10.b_ Notices: All notices or requests required or permitted under this Lease shall be in writing, shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to City shall be sent to City at City's Address set forth below and all notices or requests to Boeing shall be sent to Boekng at Boeing's Address set forth below. F.«;e t„fi iri City's Address: Airport Manager Renton Municipal Airport 616 West Perimeter Road, Unit A Renton, Washington 98057 Boeing's Address For Notice: The Boeing Company Attn: Lease Administration 4501 E. Conant Street Mail Code: D851-0497 Long Beach, CA 90808 With a copy to: The Boeing Company Attn: Site Director Mail Code 67-12 PO Box 3707 Seattle WA 98124-2207 Either party may change the address to which notices shall be sent by written notice to the other party, All notices shall be deemed delivered when received, provided that noticed delivered to Boeing beginning on December 23 of any calendar year through January 1 of the following calendar year shall not be deemed to have been received until the close of the first day when Boeing is open for business in such following calendar year. 10.c. Severability: if a court of competent jurisdiction shall determine, to any extent, that any provision, term or condition of this License shall be invalid or unenforceable, that determination shall not affect the remainder of this License, and each provision, term or condition in the remainder of this License shall be valid and enforceable to the extent permitted by law. 10.d. Attorneys' Fees and Disbursements: Except as otherwise provided in this Agreement, if a dispute between City and Boeing arises under this License, each party shall bear its own costs, including but not limited to attorneys' fees. 10-e. Captions: The marginal headings or titles to the sections of this License are not a part of the License but are inserted only for convenience. They shall have no effect on the construction or interpretation of any part of this License, 10.f. Time is of the Essence: Time is of the essence in the performance of all covenants and conditions of this License in which time is a factor. i I'I,Al. 1 V ;ts Eff. 311-10i.'.Sd oc Iiili,i , of I f) 10,g. Counterparts: This License may he executed in any number of counterparts, each of which when executed and delivered shall constitute an original License, but all of which together shall constitute on -e and the same license. 10.h_ Choice of Law: This License shall be governed by the Laws of the State of Washington, without reference to its choice of law rules. 10.i. Agents and Brokers: Each party represents that it has hired or retained no agent or broker in connection with this License and shall hold the other party harmless from any claim by any agent or broker claiming payment of any commission, finders' fee or the like in connection with this License. 10.j. No Recording: Neither party shall record this License, nor any memorandum of this License. 10,k. Complete Agreement: This License, including Exhibit 1, contains the entire and complete agreement between the parties hereto, with all previous negotiations, warranties, covenants, conditions and promises being merged herein. City and Boeing further agree that no alteration, amendment or modification to this License shall be binding upon City or Boeing unless same is first reduced to writing and signed by both City and Boeing. Signatures appear on the next sheet INAIs I It Executed in duplicate as of the date first written above. The City of Renton By: Name:;';.; c. Title, -t l'?atf Signed: The Boeing Company Name:, r . Title} 3 pate Signed: r Si natures to be acknowledged before a notary) Boadle L Witte Cky CleA fi t. 9M M ACKNOWLEDGMENT State of Washington Ss. County of King 1 certify that 1 knew or have satisfactory evidence that Steve Sahligger is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he./she was authorized to execute the instrument and ack.now]edged it as the Authorized SiW2atory. of The Boeing Company, a Delaware corporation to be the free and voluntary act and deed of such Darty for the uses and puM)ses mentioned in the instrument. Dated: Notary Puhttc Stats Of WashingtoA .ARLENE C RICE My APOMmeat Expires A q 15, 2012 NOLary public in and for the State of Wa6,hington, residing at, I. t. My appointment expires i Exhibit 1 Drawin Showin the Boeing Access Points in Relation to the Airport I': aw 1 t i o' i 41 EE , w .-. -__.. rte, - � � .�.�% -�^-��� �p� an I � '� � t i ":�- .7..:,r•�" - AYLII!r P'I. 4N NCNT4N MUNICIPAL AIRPORT, r` ...,._.... �-� �- •�• Ci,AYTON SCOTT FIELD Form WA -5 (6176) Commitment Face Page File No.: NCS-334701-WA1 ``SSS AM V. 4 ,Z' COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." t4 lkSYp' FirstAmerican Tithe rhvurance Company ♦a ��S �� � 4 -.2y 4F0��!•. a d T- �� By: f- . _ President _ ', SFF fIMiEA t[. a y'• Af1 a Attest: Secretary By:}'�j�.�--- Countersigned First American Title Insurance Company Form WA -5 (6/76) Commitment First American Title Insurance Company National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206)728-0400 - FAX (206)448-6348 Mike Cooper (206)615-3107 mcooper@firstam.com To: Boeing Realty Corporation Triton Tower Two, MC 6116-10, 700 S Renton Village PI. Renton, WA 98055-3235 1. 2. 3. Attn: Jeff Adelson SCHEDULE A Commitment Date: February 12, 2008 at 7:30 A.M. Policy or Policies to be issued: Fife No,: NCS-339701-WAI Page No. 1 Vincent Nguyenpham (206)615-3267 vnguyenpham@firstam.com File No.: NCS-339701-WAl Your Ref No.: 800 Park Ave. N AMOUNT PREMIUM TAX Standard Owner's Coverage $ To Follow $ To Follow $ To Follow Proposed Insured: To Follow The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: The Boeing Company, a Delaware corporation 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA -5 (6/76) Commitment EXHIBIT'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS -339701 WA1 Page No. 2 A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON, LYING EASTERLY OF THE COMMERCIAL WATERWAY DISTRICT NO. 2 RIGHT-OF-WAY AND WESTERLY OF LOGAN STREET NORTH EXTENSION AS DEEDED TO THE STATE OF WASHINGTON, BY DEED RECORDED UNDER RECORDING NO. 3261297, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH MARGIN OF 6TH AVENUE NORTH AND THE WEST MARGIN OF LOGAN STREET NORTH; THENCE NORTH 89034'11" WEST ALONG THE SOUTH MARGIN OF 6TH AVENUE NORTH, 674.91 FEET TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT OF LAND CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED FEBRUARY 21, 1964 UNDER RECORDING NO. 5701683, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89034'1" WEST ALONG SAID SOUTH MARGIN, 441.54 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COMMERCIAL WATERWAY DISTRICT NO. 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 211409; THENCE SOUTH 12047'42" EAST ALONG SAID RIGHT-OF-WAY LINE, 328.72 FEET TO INTERSECTION WITH A LINE PARALLEL WITH AND 320.00 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO, THE SOUTH MARGIN OF 6TH AVENUE NORTH; THENCE SOUTH 89034'11" EAST ALONG SAID PARALLEL LINE, 366.34 FEET; THENCE NORTH 0025'49" EAST 320.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN STATE ROAD NO. 7, BY DEED RECORDED JUNE 27, 1910 UNDER RECORDING NO. 690659 IN KING COUNTY, WASHINGTON. PARCEL B: PORTION OF EAST HALF OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE CEDAR RIVER WATER WAY NO. 2 AND NORTHERLY OF NORTH 6TH STREET IN THE SOUTHEASTERLY QUARTER OF SAID SECTION; EXCEPT THAT PORTION FOR !NORTHERN PACIFIC RAILWAY RIGHT -OF- WAY; EXCEPT STREETS; TOGETHER WITH VACATED LOGAN STREET LYING NORTHWESTERLY OF A LINE 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE; TOGETHER WITH SECOND CLASS SHORE LANDS ADJACENT; First American Title Insurance Company Form WA -5 (6/76) File No.: NCS-339701-WAI Commitment Page Na. 3 TOGETHER WITH THAT PORTION OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; BEGINNING AT THE INTERSECTION OF SOUTH MARGIN OF NORTH 6TH STREET AND THE MARGIN OF LOGAN STREET NORTH; THENCE SOUTHERLY ALONG SAID STREET 995.34 FEET; THENCE SOUTH 89018'45" WEST TO THE EASTERLY MARGIN OF CEDAR RIVER WATER WAY NO. 2; THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF NORTH 6TH STREET; THENCE EAST TO THE POINT OF BEGINNING; EXCEPT THAT PORTION BEGINNING AT THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE 328.75 FEET; THENCE NORTH 89045'45" EAST 366.34 FEET; THENCE NORTH 00014'15" WEST TO THE SOUTHERLY MARGIN OF NORTH 6TH STREET; THENCE WEST TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 137.70 FEET THEREOF; TOGETHER WITH PORTIONS OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 5 EAST AND SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, LYING NORTHWESTERLY OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF GOVERNMENT LOT 1 WITH THE WEST MARGIN SAID RIGHT-OF-WAY; THENCE WEST 763.39 FEET; THENCE NORTH 43006'56" WEST 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE SOUTH 46052'27" WEST ALONG SAID LINE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43006'56" EAST 713.87 FEET; THENCE SOUTH 46053'04" WEST 215 FEET; THENCE SOUTH 20038'24" WEST TO THE NORTHWESTERLY MARGIN OF SAID NORTHERN PACIFIC RIGHT-OF- WAY; EXCEPT BURLINGTON NORTHERN OPERATING STRIP ADJOINING PORTION OF SOUTHEASTERLY LINE IN SAID SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST; EXCEPT ROAD NO. 7; TOGETHER WITH VACATED LOGAN STREET LYING NORTHERLY OF SPUR TRACKS; TOGETHER WITH BLOCK C LAKE WASHINGTON SHORE LANDS 3RD SUPPLEMENTAL; EXCEPT THAT PORTION CONVEYED TO CITY OF RENTON, A MUNICIPAL CORPORATION, BY DEED RECORDED AUGUST 17, 2006 AND DECEMBER 12, 2006 UNDER RECORDING NO'S. 20060817000676 AND 20061212000338 OF OFFICIAL RECORDS. FirstAmerlcan Title Insurance Company Form WA -5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-339701-WAl Page No. 4 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA -5 (6/76) File No.: NCS-339701-WAl Commitment Page No. 5 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.780/0. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2008. Tax Account No.: 072305-9046-08 Amount Billed: $ 16,452.46 Amount Paid: $ 0.00 Amount Due: $ 16,452.46 Assessed Land Value: $ 1,681,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. A) 3. General Taxes for the year 2008. Tax Account No.: 072305-9001-01 Amount Billed: $ 1,938,298.20 Amount Paid: $ 0.00 Amount Due: $ 1,938,298.20 Assessed Land Value: $ 89,622,700.00 Assessed Improvement Value: $ 108,614,000.00 (Affects Parcel No. B) 4. Agreement to indemnify the United States of America against damages arising by reason of the lowering of Lake Washington, recorded January 3, 1907, under Recording No. 450952. (Affects Parcel No. B) 5. Agreement and the terms and conditions thereof: By: Puget Sound Power & Light Company, a Washington corporation; and Pacific Coast Railroad Company, a Washington corporation (formerly known and called Columbia & Puget Sound Railroad Company) Recorded: January 2, 1929 Recording No.: 2509355 Regarding: Joint usage of harbor area (Affects Parcel No. B) First American Title Insurance Company Form WA -5 (6/76) File No., NCS-339701-WA1 Commitment Page No. 6 6. Matters that may be determined by examination of City of Renton Ordinance Nos. 1146 and 2201. Said Ordinances are not available for examination. (Affects Parcel No. B) 7. Easement, including terms and provisions contained therein: Recording Information: November 18, 1941 under Recording No. 3204562 In Favor of: Pacific Coast R.R. Co. For: Spur track Affects: (Parcel B) portion of said premises 8. Easement, including terms and provisions contained therein: Recording Information: May 19, 1942 under Recording No. 3241098 In Favor of: State of Washington For: Public road and highway Affects: (Parcel B) as described therein The location of the easement cannot be determined from record information. 9. Easement, including terms and provisions contained therein: Recording Information: January 27, 1943 under Recording No. 3289034 In Favor of: The City of Renton For: Drainage pipeline Affects: (Parcel B) portion of said premises 10. The terms and provisions contained in the document entitled Permit, executed by and between The City of Seattle, a municipal corporation and The City of Renton, recorded March 29, 1943 as Instrument No. 3299638 of Official Records. (Affects Parcel No. B) 11. Easement, including terms and provisions contained therein: Recording Information: December 2, 1943 under Recording No. 3352228 In Favor of: Northern Pacific Railway Company For: Railroad tracks Affects: (Parcel B) as described therein The location of the easement cannot be determined from record information. 12. Easement, including terms and provisions contained therein: Recording Information: December 2, 1943 under Recording No. 3352229 In Favor of: Northern Pacific Railway Company, a Wisconsin corporation For: Construct, maintaining and operating a track connecting Affects: (Parcel B) as described therein The location of the easement cannot be determined from record information. First American Title Insurance Company Form WA -5 (6/76) Commitment File No,; NCS-339701-WA1 Page No. 7 13. Easement, including terms and provisions contained therein: Recording Information: August 9, 1951 under Recording No. 4166571 In Favor of: Renton School District No. 403 For: Sewer Affects: (Parcel B) portion of said premises 14. Easement, including terms and provisions contained therein: Recording Information: July 20, 1956 under Recording No. 4713420 In Favor of: Renton School District No. 403, a municipal corporation For: Sewer Affects: (Parcel B) portion of said premises The location of the easement cannot be determined from record information. 15. Easement, including terms and provisions contained therein: Recording Information: May 15, 1957 under Recording No. 4797325 For: Electric transmission line Affects: (Parcel B) portion of said premises 16. Easement, including terms and provisions contained therein: Recording Information: September 5, 1961 under Recording No. 5325652 In Favor of: City of Renton, a municipal corporation For: To construct, operate and maintain a public street and highway Affects: (Parcel B) portion of said premises 17. Easement, including terms and provisions contained therein: Recording Information: January 17, 1986 under Recording No. 8601170666 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Construct, maintain, repair replace and enlarge guy wires and anchors Affects: (Parcel B) portion of said premises 18. The terms, provisions and easement(s) contained in the document entitled "Recreational Trail Easement and Agreement" recorded September 17, 1992 as Recording No. 9209171541 of Official Records. (Affects Parcel No. B) 19. The terms and provisions contained in the document entitled Amendment to Bridge Permit, executed by and between Boeing Commercial Airplane Group, a division of The Boeing Company, a Delaware corporation and the City of Renton, a municipal corporation, recorded September 17, 1992 as Instrument No. 9209171553 of Official Records. (Affects Parcel No. B) 20. The terms and provisions contained in the document entitled Agreement and License for Extension of Boeing Domestic Water and Compressed Air Supply Lines, executed by and between First American Title Insurance Company Form WA -5 (6176) File No., NCS-339701-WAI Commitment Page No. 8 The City of Renton, a municipal corporation and The Boeing Company, by and through its division, Boeing Commercial Airplane Group, recorded February 3, 1994 as Instrument No. 9402030678 of Official Records. 21 22. (Affects Parcel No, B) Covenants, conditions, restrictions and/or easements: Recorded: Recording No.: November 17, 2000 20001117000535 Covenants, conditions, restrictions and/or easements: Recorded: Recording No.: (Affects Parcel No. A) November 17, 2000 20001117001354 23. The terms and provisions contained in the document entitled Development Agreement, executed by and between The Boeing Company, a Delaware corporation and The City of Renton, a municipal corporation, recorded August 2, 2002 as Instrument No. 20020802000224 of Official Records. (Affects Parcel No. A) 24. Easement, including terms and provisions contained therein: Recording Information: May 30, 2003 under Recording No. 20030530001413 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of electricity Affects: (Parcel B) portion of said premises 25. The terms and provisions contained in the document entitled Development Agreement for Renton Plant Redevelopment, executed by and between The Boeing Company, a Delaware corporation and The City of Renton, a municipal corporation, recorded December 10, 2003 as Instrument No. 20031210001637 of Official Records. 26. Covenants, conditions, restrictions and/or easements: Recorded: Recording No.: December 28, 2004 20041228001871 27. The terms, provisions and easement(s) contained in the document entitled "Temporary Stormwater Facility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001862 of Official Records. (Affects Parcel No. 8) 28. The terms, provisions and easement(s) contained in the document entitled "Utility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001863 of Official Records. (Affects Parcel No. B) First American Title Insurance Company Form WA -5 (6/76) File No.: NCS-339701-WA1 Commitment Page No. 9 29. The terms, provisions and easement(s) contained in the document entitled "Water Line Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001864 of Official Records. (Affects Parcel No. B) 30. The terms, provisions and easement(s) contained in the document entitled "Utility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001865 of Official Records. (Affects Parcel No. B) 31. The terms, provisions and easement(s) contained in the document entitled "Temporary Access and Utility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001866 of Official Records. (Affects Parcel No. B) 32. The terms, provisions and easement(s) contained in the document entitled "Temporary Stormwater Facility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001867 of Official Records. (Affects Parcel No. B) 33. The terms, provisions and easement(s) contained in the document entitled "Water Line Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001868 of Official Records. (Affects Parcel No. 8) 34. The terms, provisions and easement(s) contained in the document entitled "Water Line Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001869 of Official Records. (Affects Parcel No. B) 35. The terms, provisions and easement(s) contained in the document entitled "Temporary Stormwater Facility Easement Agreement" recorded December 28, 2004 as Recording No. 20041228001870 of Official Records. (Affects Parcel No. B) 36. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 (Affects Parcel No. B) 37. The terms and provisions contained in the document entitled Strander Agreement, executed by and between The Boeing Company, a Delaware corporation and The City of Renton, a municipal corporation, recorded April 20, 2006 as Instrument No. 20060420001032 of Official Records. 38. Mechanics Lien. First American Title Insurance Company Form WA -5 (6/76) Commitment Claimant: Against: Amount: For: Date Work Commenced: Date Work Ceased: Recorded: Recording No.: (Affects Parcel No. B) 39. Mechanics Lien. Claimant: Against: Amount: For: Date Work Commenced: Date Work Ceased: Recorded: Recording No.: G & W Commercial Flooring, Inc. Millenium Building $1,326.45 Labor and/or Materials and/or Equipment September 26, 2007 September 27, 2007 December 20, 2007 20071220000512 Straight Line Striping, Inc. Millennium Building Company, Inc. $4,221.70 Labor and/or Materials and/or Equipment October 1, 2007 October 18, 2007 January 11, 2008 20080111001220 File No.: NCS-339701-WAl Page No. 10 Document(s) declaring modifications thereof recorded January 18, 2008 as Recording No. 20080118001094 of Official Records. (Affects Parcel B and other property) 40. Any question as to the true location of the lateral boundaries of the Second Class Tide Lands. 41. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or Fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 42. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. 43. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. FrrstAmerican Title Insurance Company Form WA -5 (6/76) File No.: NCS-339701-WA1 Commitment Page No. 11 INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. If this preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only, it is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 5 Twp 23N Rge 05E, SW Qtr, Ptn Sec 6 Twp 23N Rge 05E, SE Qtr, Ptn Sec 7, Twp 23N Rge 05E and Ptn Sec 8 Twp 23N Rge 05E, NW Qtr APN: 072305-9046-08 APN: 072305-9001-01 E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA -5 (6/76) Commitment First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-339701-WAl Page No. 12 The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA -5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-339701-WAl Page No. 13 In Order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and• Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law_ We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis_ We may also provide all of the types Of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Polity and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company i I� C. H. ADSfT'S LAKE WASHINGTON PLAT r Y . is . rL ' fir Z � P ' pyly 2. A .1i cp-r. w } s f 1 M„• i , T— _fM .*.a rZ C. H. ADSIT'S LAKE WASHINGTON P{At i 1 v t i I =t I r. •I �• fit`'. e M rii f� } s f 1 M„• i , T— _fM .*.a KIN COUNTY OEPARTMENIW ASSESSMENTS 5E 07-23-05 ���.Y ICA �,:t�w�y.�..�... - y_- ;;�.-• � _.:,w�. .,fit � .�.,.x,>�.� _ 1 I H. ADSUT'S Lka WASMNMN PLAT J; I : I 1 1 1 i LATIMER'S y 1 i ALAKE PARK 1 1 - MON. Mill nr NW 0823-05 KING COUNTY � �'�.:��`: ..+„ � !�!. '� xw�+oa n•—ya, DEPARTMENT o1 ASSESSMENTS ^—`�--� »��� w•""'"�" � '""•�"' �4 �.n,o.,�.,x ttge�� -deDSUPPLEMENTOFLAKE WASHING] ONSHO nEl l e KING COUN-rY DEh1R7MCNTo1 ASSESSMENTS �1 e- NE 07-23-05 79 ,%my First American Title Company Reference No.: 339701 county: King Plotted Easements Legend - — - - - PARCEL A PARCEL B - - 11118/1941 # 3204562 (Construction) Detail ••A" 05/1911942 # 3241098 (Road -Not Plottable) - 01/27/1943 # 3289034 PARCEL B (Drainage Pipeline) - 12/02/1943 # 3352228 (Railroad -Not Plottable) 12/02/1943 # 3352229 (Construction -Not Plottable) 0810911961 #4166571 (Sewer) - i See Page 02 jI 07/20/1956 # 4713420 (Sewer -Not Plottable) Detail ^B" ! 05/15/1957 # 4797325 0 (Electric Transmission Line) f „ 09/05/1961 # 5325652 (Public Street) 01117/1986 # 8601170666 (Enlarge Guy Wires & Anchors) See detail "A" 09117/1992 # 9209171541 -- -' (Recreational Trail) PARCEL 05130/2003 # 0530001413 PARCEL B (Transmission, Anchor) See detail "B" i' Tax ID: 072305-9001 8L 9046 Map Not This map may er may not t> a survey of the land depicted hereon. You should nor rely upon a for any purpose other than orientation Shoji Legal: A Portion of County of King To Scale to the general location of the parcel or parcels depicted. First American rare expressly disclaims any Habaay for alleged loss or damage which may result from reliance upon this map. u FirstAmerican Title Company Reference No.: 339701 County: King Plotted Easements Legend ri r PARCEL A t PARCEL B 11/1811941 # 3204562 (Construction) a •y -A " - 0112711943 # 3289034 See DetaFC'iG" ,. (Drainage Pipeline) 0 0511511957 # 4797325 a (Electric Transmission Line) 09105/1961 # 5325652 (Public Street) 05/30/2003 # 0530001413 (Transmission, Anchor) Detail "C' ` Y 1 rr i Tax 1[]: 072305-9001 9046 Map Not This map may or may not be a survey afthe land depicted hereon. You should not rely upon R For any purpose other than orientation Short Legal: A Portion of County of King To Scale to the general location of the pamel or parcels depicted First American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. �0.]rCi.Ar4�.-114 lilt. WARRANn' DEED - allolp�vnat4'11b�a in NjaWr of %,tm, Logan Stv o' IIoTth EXtension +;nd "1"A0 �lan� Xst 1nt tsNOW ALL MEN UY 'PHv l'1tF.�,l.'��w i'hHi thr I:ri„x,11 9, 4m�,^t innrtli n-' 7-r--I=Tvan2li'1h ie *ira,of the Coun''.;, of i P - lar and in varlsideratton of the sun, +,i- Fomr V uBAtld And no/lOV44,000-cio r' hand paid, the ireccipt ,4 hureuf ,s 1,, iel,y at1 +i+ ,ti i, d _-1 i„ I r , s01 'i[ Washington, the foltovtl” dr.cribrd rPa! the SFaCe of �r�ghn3gto71. to-wn - _ .r A stl'j,3 oi' lead 100 felt T.ide.being 5-- fegt, on the weatr.riv ex le .nd `r1 rapt on `3P easter y gid8 of the c9rit-+r lin© o£ a•tid hitt.+.++y .a Sur �y�-I q ­r nnri aCru,' "That portion of rioternaunt Lot l.tn acttan lo,Tovri,nx, `lorth,P-nos = t ly14 aa3teriy'of Gomoerc131 Vat-r+ra;, ".14tr•c' "Ir. T.. h1 If' y., s'1rl _ �t-:'.J tha.tiorthorn ?_iaific Aa.ilwv Ca.,, �rAY right of .n'j _bat porijan of the SC..-,y"E,, jection 1.'foo rn3hi, -.i..,orth,�n,4 S r.q+ «f,i, .'+G 'FI a; Gomft-cla1 Waterway Aiotritt7lo.`' Ylght of wnr uM' st.rl, -if t w--orth•.^ri '.c Flt`, pailo y right of wray,EXC£PY roads A1rlf 4YCrPT s tract >f i r}d BeginuEng at a ,point on t}1r north 3 iatAri,r n,a r&L., 3, f efti„, ^n+,� ,- -c Ly I - C •;+, + :i5trlct 110.2 right of emy,vUt.- }joint is f-st ouch 1'.'f3� � Fro,' zi• vr+ -Orad` of Governaant Lot in aKin ;actton ' -,run-i_nn th ' .._ :,tyr,',:'.�:rrl:�i • ,- ip�t I-str at South from the loath lkne of apxid-aovyrnwen t ',a' r ""° f '- i t n- ' qv r t. 17: feetithenee to Vile -,>Wtk ji w of s.. it ;ntnrr,,...nt +.n _ f" cr ;,r•_g,to the tloAhe tsterly 4LT-Lin of sold •.r+r+. ra,,n, • - .t',• - grad 4oi*4wasterly taargin 174 fPnt,mnre or le.s, t.-) :fte oi:t of tlgi-u _ t t.r.rt of land' descr�aed is full-Dwax E,eUiwki_% _' ,,he iat--rvoctt ,r vi tw `'o .+ ia_lsr Streot in the �tty of Axntan ..n.1 «#n '..ea: s, r -f r. 3f t,ti.- +4: L t+rn : ht -I --i'L 1141-, ti?"t of WhI;thence 5.Wh 0133154, c_s* alonz the . .I' m rii-, yf Bardwily, :^_ri I:?.^' m„ feet t^i *tic Soothe&Bterlr rgiz of,tho :i"y°s.}n :� ti_s r Q + thenc, South 40055127” Meat 13 3.'.4 feet t , a "0"' on `..t.e }..,e.. r' z.��,i, ^.t` . r i } r3a ... :wtarnay Dlstrtct Nio.: right or say; thence l`lorttr 1"15. -it al v+19 A) ; _n of said ilaterww right of way'W946 fpr.ti thcnet; north V 1: iN,; I S the 5euth margin of auid sealer oLredt; thenc,3 .forth "-'j'. -t,Tilin, *.'S. .q nae. -in of said Kesler Str',"vt, to °the ,,ulgt of ty_rinning" Lie strir of tend hereln baitig canvgyrd� contati xng 4.1.1 , rrH , a.or� or I., Lk sprclfx dcAjils eunce, n.og -,it i,l ."to .,rc +: be 1. -,i l; i 01.11 it. Lii+'s T7,',,.-,,1 ,3 n•, mw of Tmord wid on tilt i�, IZIE ofb,-i ..t P. 1h. kf...� ,.f t1T11•" d +t urrn-al April 7.th,1942 , ':'be Grantors hm:Lb rimarte _�h'" tight tc re.Lovi the Narrove lsnts fror. th• 1-nrs �.. ff � xnrsyed.s8aur�iug s.11_1.lablUtiea to er�ons bnd/or rrojurt, eonnert-d "ith Ei - Arf� bU tins x3Wu _20 -'_des tram &tfr bereaf;however,at th^- e3c,Arytiln of ^0~ r•+ hi FUiOd, all im avamt'nt8 yet rii .wtini-,g upon or Vrtiaily ui o,, 4niri Iande %h+ 1 psayertg of the State of 19aahington rnd 311 ridhta of the Grantor-, herein to s�.ir t- r ,vP- "i+te ahail then oeaae and '.eruiar.te r r i�n 1' is uW' eTStD i .1ild ;..rt i u it r1, v, 1,. i, ..I .. •l.: ., vi i%ltit.TC� ..t t, y.., ', i, .. I ".,1K�' Lhttl revoked but (hw F,o iCt,r41 rll i ,r JQV"'+1C 1111L.1 Ii' i , •,rr . , I r 1 of ltzciunght urdUe.& andu,. a d ,. ,i „•f+ted "'d ,frim "1 1 tr..,.n „ . i.r , , 1- !). -+a 't , t t' n Departmeht o Iilgjrisrity. �, , hp }t _l.R .+. ;'.. T., -.,i ,•, . Uuted'thfs:., 14th da} of July 1'!-! If kMIPW and aPl mvo .,j t111 d •i of �r _ 1''4 tb-rATE Ot-WASMINC:TON J7FR6nrt4fEhT OP 11'lrrl,i AWS .�t•� _ ti,yhr of ;4 ay E'^fi,ivv' - =Y Q 4 r . Alt =derdgn7ed. a notary publte in and for the State of Washington. hereby certify, that ail .tb_, day-oR ...... .A�nonally Appy beim, mr w M . Mp0--1M—*U-.W ,Ter*tte Topgr'llt, bia 1NIfe" - _ to linAgnrto.l3p the individual p... d—mdbedinand,wbox-eeutehto�kdznghr—f emstiWttelii ��.0 itateiwle�g��tlisl �Q —signed and sealed the same as their free and voluntary act Prnd dt�q. f�7 -t - = thq-4eeYdk p w therein mentioned. +�+ef hand end pfflcf©1 sell the day and year a ova tel), - R[ IM11g ai Moreor 7Slnnd k fnrc me pervnst,l, appT—ca and - ` to me known be the �� t and . oE'thr carporat4+oto lh2t ekecuted the fb i!ot+ig mstrumcnt aa.J acknowledged saidiMt lent t.; � �e free Arid voluntary act and deed of sattl corpqrlaunn fat the Uses and purposes therein mantiQrtw ,W an oath stated that .0conrized fn P\CTUte 'RMit 'WItrI1Mint and U r -i 1�1t atlixed is the corpomte seal of said cotporahtiti. Given under iny'hand and 44Tir;ya1 w -al the drry -Lind ,t+eag last ihncr• wriftcn + t Noiarp i'utikc o. a+.,i for the SWr DI R'uri 914x. t Ne.,W+-s at _ 4 k IV rr w a OF s r qC FAGS _. _...irwfisl OF 414WING ;y igeAUG 28 PM 12 x ..L t `• -�4�4R7A SVA s+' j- co 0 YY alibi wx nmm Mm PW' AIL 11wiY�► -= I ._mow....,-„�.p..._..� QRLX1.=, RMRTon SCROM DISTRICT NO. 403, KING OOMITY, a municipal corporation of the State of Washington, for and in consider- ation of Thirty Thousand Dollars {30,000.00) in hand paid, conveys and warrants to TIM EMING CMANY, a Delaware corporation duly authorised to do business in the State of Washington, the following described real estate, located in the Ci�:y of Renton, County of King, State of Washing - tons - That porii.on of the southeast cruarter of the southeast �> quarter of section. 7, township 23 north, range 5 east, W.M., in King County, Washington, lying easterly of Commercial lraterway District No. 2 right of way and "= -= westerly of Logan Street North Extension as deeded to � the State of Washington by deed recorded under auditor's file No. 3261297, described as followss ' Beginning at the south margin of 6th Avenue North and the west margin of Logan Street North) thence north -- _ 89034111” west (Lmdmrt Meridian, North Sone), along the south margin of 6th Avenue North, 449.91 feet to the true point of beginnings thence continuing north. 89'34111" nest, along said south margin, 225.00 feet; thence south 0025149" wast 320.00 feet; thence ,north 89034111" west, parallel to and 320.00 feet south, measured at right angles to the south margin of 6th Avenue worth, a distance of 366.34 feet to the easterly t line Of Commercial Waterway District No. 2 right -of -Way; thence south 12047'42" east, along said right-of-way, s ; 62.18 feet to an intersections with a line parallel with ik and 400.00 feet south of, measured at right angles to, ,6th Avenue North; thence south 89034111" east along said parallel line, 572.5-, feets thence north 0025'49" east, 400.00 feet to the true point of beginning. Together with all easements, privileges, rights and franchises and appurtenances belonging thereto or benefitting the said real estate. IN WITXESS NBERLOP, said municipal corporation has caused this instrument to be executed by its proper,o€ficers and its corporate seal to be "Hereunto affixed this 23rdday of January . 1964. ti�pOl Ci;' (seal) s C Secretary RENTON SCHOOL DISTRICT'NO. 403, KING COUNTY, a municipal corpo- ration of the State of Washington, Its President GM 2MM OF /�,�yU,�Y S$. OF JMW On thin 227th day of I&M 1964, before tee, the undersigned, a X*tary Public in and for the State of Washington, duly ammissioned and ■worn, personally appeared r Fiftereml and to me known to be the president and Secretary respectively of SCHOOL DIRMCT BD. 403■ JaM ODlTM, the mumicipal corporation that executed the foregoing instrument, and acknowledged the said instrmeent to be the free and voluntary ant and deed of said 8c]�ool District, for the uses and purposes therein men- tioned, and on oath stated that they were authorized to ezec%ate the said instrument and that the seal affixOd is the corporate seal of said School District, G1VZN under my hand and official seal this =7th day of 1964, Notary Public in and for the (tate of ,Washington, residing at vl,.ti� q ' of Sbh1'7t# MU COMPANY AMM A Edi , K : F Z First Arnerican Title Insurance Company NATIONAL COMMERCIAL SERVICES NOTICE OF MISSING DOCUMENT COUNTY: King RECORDED DATE: n%a RECORDING INFORMATION: Court Case# 211409 ORDER NO.: 339701 EXCEPTION NO.: Legal Description 03 DATE REQUEST: 2,!21/200$ Please be advised that the document listed above is missing from our plant. First American is attempting to obtain a legible copy of this document. It will be sent to all parties upon receipt. I f z J �eoxx etv,z,,/ CQ �•J`si ��,^'��J :��r' � rte'--Ci+.r�{ ;r4di�(fL � F: (Tr ��.� • �.l l.t-f i�C'.7 !� GSL /�•;. ,�1�=� "' r• f� r if lL yrw. -1L'v 2:.r'..��..fT't.�L <.F'/ ...c6{.r.C'a-t "'-�•.-„ru.t�.C.a/idE.� Crl^ (oil! , 01 � � r`"fir. i i •f;' � �J J - F r 1 r r . �0 n _�,yfb1,G�.�y�,t�f2•L.�C Y.tc1.v / 41.:.! -� ---` .� ..+-a.i= ,/5 .•,,,'..r.r !�-! r kLurn-r. -:�' /-y�G?<�. r..i1.�.�1.�. j, �^ ys�� CAW, On - .:_ _ _ ... � d y;.� fi 230 ��.t4 .I_ �e�;:}..�G.J 'Jr y' ` -_...2i!- _��"r.�'C•-:r � �.� ��8) .?:,!=�aj�•:�, �r4GT���- {> '45 w C � v !ic.t' i�;Y n .: r.Cl./+-�� � Qd" �>✓ G�f , _ . ��. �� Gc�alr=��':�-1:.�te.t� i �'•i's'_rj.'t�C'G`J'//' ,�:..r'_�I' _�w7�Y�.1�L"1.�t+L.f'�."/� .�,(�i7�C�''�-'CY,GC '� /%{� L�dY� __, �/ rr"r f - 'i: H c iru�� /sL� '_,1drG .,/ • - . L �2� . /. /, - — C�T.rG'_drl fJo. - --- -- -� ._ 11 IleU. .M ,77 c -ti 5'_ jr � zu 4wl' 'Zo pa 774 77 is- — �1-..-. j�I. M1 !S"�- Y�F � . 3Tvi►• 8,..... /y..1J- - [1 r �.. 'r MAFYji�+rt s �` $ i I ><n –rig sfi •� �s..s "NI� Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 2006087000676 CITY OF RENTON D 35.00 PAGE001 OF 004 08/17/2008 10:10 KING COUNTY, WA E2230024 0a/17/2005 10:10 KING COUNTY, WATAX 10.00 SAL& $0.00 PAGE001 OF 001 20060817000676.:: DEED 4F DEDICATION ]Property Tax Parcel Number: 0723059001 Project File M Street Intersection: Reference number(&) of Documents assigned or released: Additional reference numbers are on page Grantors): Grantee(s): I. The Boeing Co an 1. C' of Renton, a M al Co oration LEGAL DESCRIPTION: (Abbreviated orfull Wal mast gd here. Additional legal on page 3) SE 'A Sect. 7, Twp, 23 N., Rge. 5 F., W.M., City ofRentou, King County, Wasbington Portion of parcel southwest of intersection of N 6m St. with Logan Ave. N. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to ted Goantee(s) as named above, the above described real estate situated in the County of icing, State of Washington subject to Section 4.1.6.4 of the Development Agreernent dated as of IDecernber 1, 2003, between the Boeing Company and the City of Renton, recorded under King County recording number 20031210001637, IN WITNESS WHEREOF I ha hereunto set my hand and seal the day and year as written below._.,.,. Auvroved and As d Grantor(s) Gran#e (s): G`ity of Rerttori _ 4a. �. Kathy Keolke Mayor Bonnie 1. Walton, City Clerk rNnrV12)UAL PORMOF STATE OF WASHW(3T'ON } SS ACKNOWLEDaMEW COUN'T'Y 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 hWher/their free and voluntary act for the uses and purposes mentioned in the immument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: C:ColsWCrotm-DESD-Coip.Doc% C Page 1 FORM 07.15-05 2006081700067r%------- - IN 006001700067r%--- IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. fNDMDFI.t,L FORM OFAC%NOWLEIIGTit NNT Notary Seal trust be within box STATE OF WASKNOTON ) SS COUNTY OF X X40 } I certify that I }mow or have satisfactory evidence that signed this instrument and acknowledged It to be dishier/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Wasbiagton Notary (Print) My appointment expires: Dated: REPRESrENTAT" FORM OFACENOWLEDGMENT Notary Seal must be within box STATS OF WASHINGTON ) SS COUNTY OF KING ) I oertify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument, on oath stag that he/she/they waslwere authorized to execute the instrument and aebowledged 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: CORPORATff FORM &ACKNOFYI STATE OF WASHINGTON ) SS CY QF KING Ort this 1 w } _ On this day of IYI l.t. qpbb" the personally appeared to me known to Tbe=itr,aof the corporation that FIGtOryPeIdNC instrument, and knowledge said instrument to be the free $%Ol!i Of�lytdahlnptgtl nddeed of said carporation. for the uses and purposes therein JIRIEf* C � h on oath stated that he/she was authorized to execute said My► App0tntrrent ft AMQ thepal affixed is Ilewfe seal of said corporation. C:Co1son1Fonn-D9F,D-Cwp.1)ocl C Notary Public in a fo the State Notary (Print} My appointment expires: Dated: Page 2 FORM 07-15-05 20060817000679 _:::: Exhibit A Lep] Description NORTH 6TH STREET DEDICATION ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF PENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BFIGINNING AT THE INTERSECTION OF THE WEST MARGIN OF LOGAN AVENUE 14ORTH WITH THE souTH MARGIN OF NORTH 6TH STREET, SAID INTERSECTION BEING 50.00 FEET WEST OF THE CENTERLINE OF LOGAN AVENUE NORTH AND 30.00 FEET SOUTH OF THE CENTERLINE OF NORTH 6TH STREET, THENCE S00°2748"W ALONG SAID WEST MARGIN A DISTANCE OF 63.93 FEET; THENCE N89°32' I2"W A DISTANCE OF 4,00 FEET; THENCE N00027'48" B A DISTANCE OF 27.53 FEET; THENCE N58037' 17"W A DISTANCE OF 42.51 FEET; THENCE S88°11'13"W A DISTANCE OF 163.04 FEET; THENCE N7r59'43"W A DISTANCE OF 68.60 FEET; THENCE N89°47'08"W A DISTANCE OF 5.38 FEET; THENCE NOO°12'52"E A DISTANCE OF 6.13 FEET TO A POINT ON SAID SOUTH MARGIN; THENCE S89047'08"E ALONG SAID SOUTH MARGIN A DISTANCE OF 276.01 FEET TO THE POINT OF BEGINNING. CONTAINS 4,949 S.F. C Co1scm/Form-DEED-Carp-D06 C Page 3 FORM 07-15-05 Map Exhibit N 6th ST DEDICATION BOEING LAKESHORE LANDING BINDING SITE PLAN REC. NO. 20041223000856 / SE 1/4 SECT. 7, TWP. 23 N., RGE 5 F, W.M. LOT 6 TR. 'C' TR ,Ay LOT 4 TR. 'B' TR. 'P' 7-R. 'E' LOT I 7R. Q' LAT 5 RM TR. 'G ` ��Tn�nn-1��T�n C:CalsonMorm-DEW-Cmp-Doo C Page 4 20060817000676. ---- 4 f lit. V 71? I � TR. 7C' N 8TH ST 7R. 'H' 134 LOT 2 1� TR. 'D' -�.., TR. 'F' z LOT 3 Z w 'a 4 4 TR. N' 71? I � N 8TH ST 1 134 6 �Q 1 Z w 4 l i 41 N ---�- SCALE 1"=40c FORM 07-15-05 Return Address City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Attention: 20061212000338.---- 20061212000338 CITY OF RENTON D 40.00 PAGE001 OF 009 1211212005 09:43 KING COUNTY, WA E2255009 12/12/2006 09:43 KING COUNTY, WA SALE .@0 PAGE001 OF 001 Document Title(s) (or transactions contained therein): 1. Deed of Dedication 2. 3, Reference Number(s) of Documents assigned or released - (on page — of document) Grantor(s) (Last name first, then first name and initials): L The Boeing Company 2. ❑ Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Renton, a Municipal Corporation 2. ❑ Additional names on page _ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) W Y Sect. 8, E % Sect. 7, Twp. 23 N., Rge, 5 E., W.M., City of Renton, King County, Washington Portion of Tract P and Lots 5 & G of Hoeing Lakeshore Landing BSP, KC rec. no. 20041223000856, also portion of parcel west of Tract P, north of N & St. Also portion of parcel southeast of intersection N 8'h St. with Park Ave. N. 0 l=ull legal description is on pages 4-7 of document. Assessor's Property Tax Parcel/Account Number(s) 0723059001,0886600050,0866600060,0886600190,7223000105 0 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 200619!9nnn%%R_ .;._ DEED OF DEDICATION Property Tax Parcel Number: See Legal Desc. below Project Tile 4: Street Intersection: Ttct'crcuce Nuinber(s) of Documents assigned or releasee!: Additional reference numbers arc on page Grantor(s): Grantee(s): 1. The Boei a Company, 1. City of Renton, a Nlunici al Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on pages 4-7) W h Sect. S, E'/s Sect. 7, ,rwp. 23 N., Rge, 5 E., W.M., City of Renton, King County, Washington Portion of Tract P and tots 5 & 6 of Boeing Lakeshc re Landing 13SP, KC rec, no. 20041223000856, also portion of parcel west of Tract i,, north orN 6"' St. Also portion oCparcel southeast orintersection N 8`h St. with Park Ave. N. Tax Parcel Numbers: 0723059001, 0886600050, 0886600060, 0886600194, 7223000105 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 subject to Section 4.1.6.4 of the Development Agreement dated as of December 1, 2003, between the Boeing Company and the City of Renton, recorded under King Counry recording number 20031210001637, IN WITNESS WHE"OF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted Bv: Grantor 4 rnpany Grantee(s): City of Renton Kathy KvAker, Mayor tri Authorized Signatory Bonnie I. Walton, City Clerk INDIVIDVAL FORM OF STATE OF WASHINGTON ) SS ACKNOIYLEDGMEN1' COUNTY OF KING I certify that 1 know or have satisfactory evidence that Notary Seat must he within box signed this instrument and acknowledged it to be his/her/th€ir free and voluntaryact for the users and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page I 1l I � 1�L'71+1Ly =F-,'(@], �]ri�14 MIDIC]=1 t,1 �►I j State of California ) SS County of Los Angeles ] on November 15, 2006 before me, TONT RAA As personally appeared ALAN E. DEFRANcis ® personally known tome ❑ proved to me on the basis of satisfactory evidence r" 71 WM o COMM. #1605622 a M Notary Public • Callforma d 2 Orange Caunty , U&M 10. to be the person(a) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sheAh" executed the same in his/i& authorized capacities, and that by hiseiF signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o al seal. (Signature of Notary P lic Though the Wormatlon below is not requked by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of Mis form to another document. Description of Attached Document Title or Type of Document: Deed of Dedication Document Date:—None Numberof Pages: 10 (including_acknowledctement) Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name:_ ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑Limited [] General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representi 20061212nnnsA�1_ _---- STATE OF CALIFORNIA ) } ss. COUNTY OF ORANGE } On , 2006, before me, appeared , personally satisfactory evidence} to be the person whose acknowledged to me that he executed the same lid the instrument the person or the entity pon instrument. WI'T'NESS my hand and (Signature) 20061292000338.=: Notary Public, personally know #o me (or proved to me on the basis of rgarfie is subscribed to the within instrument and his authorized capacity, and that by his signature on behalf of which the person acted, executed the rgmma Page 3 (This area for offioial notoria€ scat) Projeet: Exhibit A wall MD Legal Description GRANTOR: Streit: ROAD DEDICATIONS ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN THE WEST HALF OF SECTION 8 AND THE EAST HALF OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M_, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT `P' AND LOTS 5 AND 6 OF BOEING LAKESHORE LANDING BINDING SITE PLAN, AS RECORDED W VOLUME 225 OF PLATS AT PAGES 82-86, INCLUSIVE, UNDER KING COUNTY RECORDING NO, 20041223000856, VACATED LOGAN AVENUE NORTH, VACATED PER CITY OF RENTON ORDINANCE NO. 3017, AND TAX PARCEL NO. 0723059001, DESCRI13ED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT `P', THENCE S00°22'56"W ALONG THE EAST LINE OF SAID TRACT `P' A DISTANCE OF 639.61 I+EET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 597,00 FEET AND A CENTRAL ANGLE OF 22040'48" AN ARC LENGTH OF 236.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE TANGENT TO THE PRECEDING CURVE ALONG THE ARC OF A CURVE TO THE LEFT HAVING AsRADIUS OF 533,00 FEET AND A CENTRAL ANGLE OF 2238'06" AN ARC LFNGTH OF 210.56 FEET; THENCE TANGENT TO THE PRECEDING CURVE S00025'38"W A DISTANCE OF 134.06 FEET; THENCE 91 9030' 18"E A DISTANCE OF 39.96 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG TIME ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 64°51' 17" AN ARC LENGTH OF 45.28 FEET; THENCE TANGENT TO THE PRECEDING CURVE S84°21'35"E A DIS`T'ANCE OF 26.85 FEET; THENCE S00053'51"W A DISTANCE OF 5.08 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH MARGIN OF NORTH 6TH STREET; THENCE S88055'30"E ALONG SAID WESTERLY EXTENSION A DISTANCE OF 25.71 FEET TO AN ANGLE POINT OF SAID MARGIN; THENCE S00025'38"W ALONG SAID MARGIN A DISTANCE OF 8.08 FEET; THENCE N89°28'58"W ALONG SAID MARGIN A DISTANCE OF 90.00 FEET; THENCE N82°21'34"W ALONG SAID MARGIN A DISTANCE OF 10.08 FEET; THENCE S00025'38"W ALONG SAID MARGIN A DISTANCE OF 11.93 FEET TO THE SOUTHEAST CORNER OF THAT PORTION OF LOGAN AVE. N. VACATED BY CITY OF RENTON ORDINANCE 3017, RECORDED UNDER KING COUNTY RECORDING NO. 7805250786; THENCE N89°33'21"W ALONG SAID MARGIN AND VACATION PARCEL A DISTANCE OF 107.66 FEET; THENCE N31 °16'04"E A DISTANCE OF 84.76 FEET; THENCE N00022'56"E A DISTANCE OF 145.44 FEET; Pave 4 20061212nnnRAR. _._.. Exhibit A Legat Description THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURV E TO THE FLIGHT HAVING A RADIUS OF 595.00 FEET AND A CENTRAL ANGLE OF 22059'01" AN ARC LENGTH OF 238.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE TANGENT TO THE PRECEDING CURVE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 535.00 FEET AND A CENTRAL ANGLE OF 22459'01" AN ARC LENGTH OF 214.61 FEET; THENCE TANGENT TO THE PRECEDING CURVE N00422'56"E A DISTANCE OF 506.48 FEET; THENCE N89037'04"W A DISTANCE OF 10.04 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS N87" 12'17"W; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 47.50 FEET AND A CENTRAL ANGLE OF 4803544", AN ARC LENGTH OF 40.29 FEET TO A POINT ON THE WEST LINE OF SAID TRACT'P'; THENCE NON -TANGENT TO THE PRECEDING CURVE N00025'38"E ALONG SAID WEST LINE A DISTANCE OF 96.90 FEET TO THE NORTHWEST CORNER OF SAID TRACT 'P'; THENCE N00°31'07"E ALONG THE WEST LINE OF SAID LOT 6 A DISTANCE OF 11.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH SEARS N01007'00"W; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 27.50 FEET AND A CENTRAL ANGLE OF 88048'53", AN ARC LENGTH OF 42.63 FEET; THENCE NON -TANGENT TO THE PRECEDING CURVE N46454'52"E A DISTANCE OF 14.57 FEET, - THENCE N04033'42"E A DISTANCE OF 250.02 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 954.50 FEET AND A CENTRAL, ANGLE OF 32040'00" AN ARC LENGTH OF 561.30 FEET; THENCE TANGENT TO T14E PRECEDING CURVE N37013'42"E A DISTANCE OF 33.00 FEET; THENCE N52°46' I8"W A DISTANCE OF 7.50 FEET; THENCE N37°13'42"E A DISTANCE OF 125.00 FEET; THENCE S52046'1 8"E A DISTANCE OF 8,00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 6; THENCE S37"13'42"W ALONG SAID EAST LINE A DISTANCE OF 158.00 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 984.00 FEET AND A CENTRAL ANGLE OF 32040'00" AN ARC LENGTH OF 561.02 FEET; THENCE TANGENT TO THE PRECEDING CURVE 504433'42"W A DISTANCE OF 239.39 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT LAVING A RADIUS OF 984.00 FEET AND A CENTRAL ANGLE OF 3"29'17", AN ARC LENGTH OF 59.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NON -TANGENT TO THE PRECEDING CURVE S89028'22"E ALONG THE SOUTH LINE OF SAID TRACT 'A', ALSO BEING THE NORTH LINE OF SAID TRACT 'P', A DIS'T'ANCE OF 50.43 FEET TO THE POINT OF BEGINNING. Pagc 5 2006121'2nnn'%'5R_ _•- Exhibit A Legal Description . TOGETHER WITH THAT PORTION OF LOT 6 OF SAID BINDING SITE PLAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT `C' OF SAID BINDING SITE PLAN, THENCE N52°46' 18"W A DISTANCE OF 50.50 FEET TO A POINT ON THE NORTHWESTERLY LINE OF TRACT `A' OF SAID BINDING SITE PLAN; THENCE N37013'42"E ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 5.25 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, TANGENT TO THE PRECEDING COURSE, ALONG SAID NORTHWESTERLY LINE AND ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 984.00 FEET AND A CENTRAL ANGLE OF 39000'14" AN ARC LENGTH OF 669.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE TANGENT TO THE PRECEDING CURVE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1016.00 FEET AND A CENTRAL ANGLE OF 1058'41" AN ARC LENGTH OF 35.08 FEET; THENCE RADIAL TO THE PRECEDING CURVE N15044'45"W A DISTANCE OF 19.36 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE S70007'05"W A DISTANCE OF 105.30 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A•RADIUS OF 1050.00 FEET AND A CENTRAL ANGLE OF 32053'23" AN ARC LENGTH OF 602.74 FEET TO THE POINT OF BEGINNING. Page 6 20061212nnn-m - - Exhibit A Legal Description TOGETHER WITH THAT PORTION OF TAX PARCEL NUMBER 722300-0105 DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF NORTH 8TH STREET AND PARK AVENUE NORTH, BEING A MONUMENT 1N CASE, THENCE S89025'53"E ALONG THE MONUMENT LINE OF NORTI4 8TFI STREET A DISTANCE OF 56.67 FEET; THENCE S00034'07"W A DISTANCE OF 29.86 FEET TO A POINT ON THE SOUTH MARGIN OF NORTH 8TH STREET AND THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING S89028'22"E ALONG SAID SOUTH MARGIN A DISTANCE OF 362.90 FEET TO THE WEST MARGIN OF GARDEN AVENUE NORTH; THENCE SO] °06'10"W ALONG SAID WEST MARGIN A DISTANCE OF 39.71 FEET; TI4ENCE N88°53'50"W A DISTANCE OF 3.39 FEET; THENCE NOI "06'10"E A DISTANCE OF 14.21 FEET; THENCE N50"I9'51 "W A DISTANCE OF 24.68 FEET; THENCE N89'25'53"W PARALLEL, TO AND 39.50 FEET SOUTHERLY OF THE MONUMENT LINE OF NORTH STH STREET A DISTANCE OF 327.85 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 27.50 FEET AND A CENTRAL ANGLE OF 89°35'36" AN ARC LENGTH OF 43.00 FEET TO A POINT ON THE EAST MARGIN OF PARK AVENUE NORTH; THENCE N00058'3 1"E ALONG SAID EAST MARGIN A DISTANCE OF 21-93 FEET; "THENCE N45`3 1'39"E A DISTANCE OF 21.21 FEET TO THE POINT OF BEGINNING, PARCELS CONTAIN 93,083 S.F., 3,833 S.F. AND 3,984 S.F. RESPECTIVELY TOTAL DEDICATION: 98,900 SY_ (2.27 ACRES) Page 7 Map Exhibit STREET DEDICATIONS BODNG LAKESHORE LANDING BiNBING SITE PLAN 86P: REC. N0. 20041223006858 LLA 06--057: REC. NO. 200808049900001 UA 06-004_ REC. N0. 20060b1090ooD3 SNPL 05-066. REC. N0, 20060&22900013 N & SW1 ' SECT 7,, NE'E &SE 114'S SECT: % W. 23 N., RGE. 5 F.. W.M. LLA 05-037 Lor 1A \\ 4.� N 76TH Sr "-'3p1101*6 TPN 088660--0060 DEDICA 71ON z ` II II } 1 �-A 06-004 11 a if LLA 06--057 II ac LOT 4A iI �cQ o� 1 17 LLA 05-037 Lor 1A \\ 4.� N 76TH Sr DEDICA 71ON z ` PARCELS } 1 �-A 06-004 ':3: LOT 3A LLA 06--057 ` ac LOT 4A �. q o I --� DEDJ6- lON PA JUS I ssP Lor 5 !I TPN 488&&Q -065Q o ZE rn , !� 4 N E Cl p I F k'[PN 088860-01,90 asp TR. P' N 6 Paige a N ALL 1 400' BILLING INVOICE EG000 270 City of. DEPARTMENT: CED - Planning Transaction Date: June 09, 2015 AR: Eden invoice: BILLING CONTACT Mark Clement BOEING COMPANY THE PO BOX 3707 MIC 20-00 Seattle, WA 98124 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA15-000396 I PLAN - Shoreline Substantial Dev Permits Technology Fee Fee PaymentI Bill/PO/Invoice to f $2,000.00 Finance JUN 0 9 2M C I—f v #') f- fiery ; Printed On: June 09, 2015 Prepared By: Vanessa Dolbee Page 1 of 1