HomeMy WebLinkAboutORD 5523CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5523
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
MASTER BUILDERS ASSOCIATION OF KING AND SNOHOMISH COUNTIES, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER
USE AGREEMENT TO INSTALL REAL ESTATE SIGN KIOSKS UPON, OVER, ALONG
AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON
WITHIN CITY RIGHT-OF-WAYS AND PUBLIC PROPERTIES OF THE CITY.
WHEREAS, the City has adopted ordinance amendments regarding sign permit fees, sign
regulations and the definitions of "sign, real estate" by adding definitions for "real estate sign
kiosk" and "real estate sign kiosk directional panel"; and
WHEREAS, the Master Builders Association of King and Snohomish Counties, which
represents home builders, has proposed to construct, install and maintain real estate sign
kiosks and real estate sign kiosk directional panels; and
WHEREAS, the City seeks to establish a Master Use Agreement with the Master Builders
Association of King and Snohomish Counties to install and maintain real estate kiosk signs in
City right-of-ways and on public properties;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Master Use Agreement:
There is hereby given and granted unto Master Builders Association of King and
Snohomish Counties, its successors, and assignees ("Grantee") for a period of three (3) years
from the effective date of this Master Use Agreement, the rights, privileges, and authority to
construct, operate, maintain, replace, alter, remove and repair one or more real estate sign
kiosk ("Kiosk"), together with all equipment, support structures, and appurtenances of
ORDINANCE NO. 5523
Grantee's Kiosks, along, over, upon and across certain public right-of-ways and other public
lands within the City of Renton ("the City").
SECTION II. Non-Exclusive Master Use Agreement:
The granting of this Master Use Agreement is made upon the express condition that it
shall not be deemed or held to be an exclusive agreement in, along, over, through, under,
below, or across any of said public rights-of-ways, public thoroughfares, sidewalks, and utility
easements within the City. Such agreement shall in no way prevent or prohibit the City or its
tenants from using any of the roads, streets or other public or tenant properties or affect its
jurisdiction over them or any part of them. The City retains full power to make all necessary
changes, relocations, repairs, maintenance, establishment, improvement, dedication of same
as it may deem fit including the dedication, establishment, maintenance and improvement of
all new right-of-ways and thoroughfares and other public properties of every type and
description. Grantee herein agrees and covenants at its sole cost and expense to protect,
support, temporarily relocate, or remove from any street any of its Kiosks when so required by
the City, upon not less than ninety (90) days prior written notice ("Relocation Notice"). The
Relocation Notice shall specify the City project necessitating the relocation of a Kiosk(s), the
cause of the relocation and any alternate right-of-way available for relocation.
The City may issue a Relocation Notice if it determines that one or more of Grantee's
Kiosks will conflict with a City Project. A "City Project" is defined as a project necessitating
relocation of a Kiosk(s), which primarily benefits the public. Examples of City Projects include,
but are not limited to, public safety, street vacations, dedications of new right-of-ways and the
establishment and improvement thereof, freeway construction, change of establishment of
ORDINANCE NO. 5523
street grade or the construction of any public improvement or structure by government agency
acting in a government capacity for the benefit of the public generally.
The parties acknowledge and agree that when relocation is requested in connection
with a project primarily benefiting or facilitating a planned development of a private entity,
business owner or commercial concern, the party or parties benefiting from the utility
relocation should bear the cost of the Kiosk's(s') relocation.
Grantee shall in all such cases have the privilege to temporarily relocate, in the
authorized portion of the same street, upon approval by the City, any Kiosk required to be
temporarily removed. If Grantee is unable to relocate the affected Kiosk during the City
Project, to the extent possible, the City and Grantee shall reasonably cooperate to allow
Grantee to relocate temporarily a Kiosk(s) on property owned, operated or controlled by the
City in the immediate vicinity. In the event Grantee must permanently relocate any Kiosk due
to a City Project, the City agrees to use its best efforts to relocate Grantee's Kiosk to an
adjacent right-of-way area.
If Grantee receives a Relocation Notice requesting a permanent relocation of one or more
of its Kiosks, Grantee has the right to submit to the City written alternatives to such relocation.
The City will then evaluate the alternatives giving Grantee full and fair consideration and
endeavor to notify the Grantee, as soon as possible, in writing if any of the alternatives are
acceptable. The City may also request additional information from Grantee as needed. In the
event the City ultimately determines not less than fifteen (15) days from the commencement of
such work by the City that there is no other reasonable alternative, Grantee shall relocate its
Kiosk(s) as otherwise provided in this Section.
ORDINANCE NO. 5523
SECTION III. Location of Kiosks:
The location of the Kiosks shall be limited to the pilot project area outlined in attached
Exhibit A.
SECTION IV. Master Use/Franchise Construction Permit:
Each proposed Kiosk must have a Master Use/Franchise Construction permit application
accompanied with three (3) sets of plans. All construction and installation of work within any
of the public properties shall be done under the supervision of the Community and Economic
Development (CED) Administrator and/or designee. Prior to undertaking such work, Grantee
must timely submit to the CED Department, the detailed plans and specifications for the
proposed Kiosk. The CED Department must provide written approval for the location of any
Kiosk on public property in a street, Municipal Airport, or other public area.
Grantee shall further inform the City of the times and dates that Grantee will be
performing work within the franchised area, and grant permission to the City to enter upon the
work area to inspect the work. The Master Use/Franchise Construction permit fee is stated in
Section XVIII of this agreement document.
SECTION V. Kiosk Components:
All components of any Kiosk, to be placed within any street right-of-way, or other public
property shall be designated, manufactured, and installed in accordance and in full compliance
with industry standards and applicable ordinances.
SECTION VI. Permanent Records:
Grantee shall maintain complete, current and ongoing plans and records showing the
location, installed depth and size of all its Kiosk installations constructed in the City. Grantee
ORDINANCE NO. 5523
must also provide the City with a contact telephone number and be able to provide as-built
plans and records at all times upon request.
SECTION VII. Planning for Construction:
During any period of Kiosk construction, any and all surface structures must be erected
and used in places and positions within the public right-of-way and/or other public properties
to minimize interference with the free passage of traffic and the free use of adjoining property
and tenants. Grantee shall post and maintain all requisite barricades during such period of
Kiosk construction. Grantee must also comply with all necessary City permits to obtain
approval for specific locations.
All trucks, vehicles, and equipment working in City right-of-way shall be visibly marked
with a company logo and indentifying information.
Approved traffic control plans shall be utilized for each installation when working in the
public right-of-way. Grantee shall be responsible for all work by its contractor(s), to meet the
requirements of the Manual on Uniform Traffic Control Devices (MUTCD) for all work within
the public right-of-ways.
SECTION VIII. Restoration and Repair of Kiosks:
Grantee hereby agrees and covenants to repair any and all damage to City or tenant
property and all other City or tenant improvements caused by failure of Grantee's work during
the life of this Agreement. Should it be necessary to make any excavation within any public
right-of-way, in the constructing, maintenance, removing, replacing, altering or repairing of any
Kiosk, Grantee shall, at its own cost and expense, restore the surface of said right-of-way or
other public or tenant property to at least the same condition immediately prior to any such
ORDINANCE NO. 5523
installation and construction. Grantee shall repair any and all damage at its sole cost and
expense to streets, avenues, roads, alleys, lanes, public places, ways, pavement, turnouts,
gutters, ditches, walks, poles, pipes, plantings, rail, bridges, trestles, wharves, landings, and/or
other appurtenances and improvements. Grantee shall comply with all ordinances and
regulations of the City regarding such construction and, whenever deemed necessary by the
CED Administrator and/or designee, shall be required to post a surety device in favor of the
City warranting, among other things, that such restoration work will be done promptly to a
condition equal or better than the original condition and in a proper, workman like manner.
Where concrete encased recorded monuments have been disturbed or displaced,
Grantee shall restore the monument to federal, state and local standards and specifications.
All restoration of public streets, sidewalks, and other amenities shall conform to current City of
Renton Standard Specifications for Road, Bridge and Municipal Construction and the City of
Renton's Trench Restoration Standards. As a condition of receiving the right to work within the
public right-of-way, the Grantee assumes full responsibility for using materials and installation
methods that are in full compliance with City standards and shall verify this by submittal of
documentation of materials and testing reports when requested by the City. All costs for
performing on-site testing, such as compaction tests, shall be borne by Grantee.
SECTION IX. Hold Harmless Agreement:
Grantee agrees and covenants to indemnify and hold harmless the City from and
against any and all liability, loss cost, damage, whether to persons or property, or expense of
any type or nature to the extent it arises (collectively, "Claims") from any negligent act or
omission or willful misconduct of Grantee arising from or connected to Grantee's work under
ORDINANCE NO. 5523
this agreement, except to the extent any such Claim is due to the negligence or intentional acts
of the City, its employees, agents or independent contractors. In addition, in case any suit or
action is instituted against the City by reasons of any such damage or injury, the City shall, (i)
cause written notice thereof to be given unto Grantee, (ii) give all reasonably requested
assistance in defense or settlement of such claim at Grantee's expense, and (iii) grant Grantee
the right to control the defense or settlement of such claims.
SECTION X. Liability Insurance:
Grantee shall maintain in full force and effect throughout the term of this agreement,
comprehensive general liability insurance coverage, inclusive of umbrella coverage, insuring
Grantee and the City and its elected and appointed officers, officials, agents and employees as
additionally insured as follows:
1. Comprehensive general liability insurance, inclusive of umbrella coverage ("Liability
Insurance") with limits not less than:
a. Five million dollars ($5,000,000) for bodily injury or death to each person; and
b. Five million dollars ($5,000,000) for property damage resulting from any one
accident.
2. Automobile liability insurance for owned, non-owned, and hired vehicles, inclusive
of umbrella coverage, with a limit of three million dollars ($3,000,000); and
3. Worker's compensation with statutory limits and employer liability insurance,
inclusive of umbrella coverage, with limits of not less than one million dollars ($1,000,000).
Grantee shall submit written verification to the City Clerk that it has Liability Insurance
as stated above.
ORDINANCE NO. 5523
It is hereby understood and agreed that the Liability Insurance may be canceled not less
than thirty (30) days after the City receives written notice from Grantee of its intent to cancel.
After receipt by the City of said notice, and in no event later than ten (10) days prior to
cancellation, Grantee shall obtain and furnish to the City evidence of replacement Liability
Insurance meeting the requirements of this section.
SECTION XI. Revocation or Termination of Grant:
For the purpose of compelling compliance by Grantee with all the terms and conditions
of this agreement and the maintenance of said Kiosks in good condition, the City retains the
right to terminate and fully forfeit the agreement herein granted, within thirty (30) days after
written notice unto Grantee, whenever Grantee fails to comply with any of the material terms
and conditions hereof, provided that Grantee has a reasonable length of time in which to cure
such noncompliance. Upon forfeiture, the City shall have the right to require Grantee to
remove any and all of its Kiosks within the City, all at Grantee's cost and expense, and to
promptly and timely restore all roads and other public properties to the condition immediately
prior to any such forfeiture and termination. Grantee may apply to the City for an extension of
time to comply due to unavoidable delays and events beyond its control. The extension of time
will not be unreasonably withheld by the City.
SECTION XII. Reservation of Rights:
Grantee acknowledges that its rights hereunder are subject to the legitimate rights of
the police power of the City at all times and the City shall enforce general ordinances necessary
to protect the safety and welfare of the public. Grantee agrees to comply with all applicable
general laws enacted by the City.
ORDINANCE NO. 5523
The laying, construction, installation, maintenance and operation of the Kiosks in
connection therewith shall not preclude the City, its authorized agents, contractors and
representatives from blasting, grading, excavating or doing other necessary or public works
over, unto, abutting, or contiguous to Grantee's Kiosks provided, however, that Grantee shall
be given ten (10) working days written notice of any such blasting, grading, or excavating so
that Grantee may take proper steps to protect its Kiosks.
The parties agree that this agreement is intended to satisfy the requirements of all
applicable laws, administrative guidelines, rules, orders and ordinances (the "Law").
Accordingly, any provision of this agreement which may conflict with or violate the Law, shall
be invalid and unenforceable, whether occurring before or after the execution of this
agreement, it being the intention of the parties, (i) to preserve their respective rights and
remedies under the Law, and (ii) that the execution of this agreement does not constitute a
waiver of any rights or obligations by either party under the Law.
SECTION XIII. Damage, Injury, or Loss:
Except for damage, injury, or loss caused by the City, Grantee shall have no recourse
whatsoever against the City for any loss cost, expense, or damage arising out of any provision
or requirement of this agreement or the enforcement thereof. This agreement does not
relieve Grantee of any requirement of any City Ordinance, rule or regulation, or specification of
the City, including but not limited to any requirement relating to street work, street excavation
permits and fees therefor, or the use, removal or relocation of property and streets. No
privilege nor exemption is granted or conferred unto Grantee by this agreement except those
specifically prescribed herein, and any such privilege claimed under this agreement by Grantee
ORDINANCE NO. 5523
in any street shall be subordinate to any prior lawful occupancy of the street or any
subsequent improvement or installation therein.
SECTION XIV. Discontinued Agreement:
In the event the use of any Kiosk is permanently discontinued by Grantee, or no permit
has been obtained therefor, upon expiration of this agreement, or within thirty (30) days after
termination of this agreement, then Grantee shall promptly remove from the streets and other
properties all its Kiosks, other than any the City may permit to be temporarily or permanently
abandoned. However, upon written consent by the City, Grantee may leave any Kiosks
temporarily or permanently abandoned within the streets or other properties.
SECTION XV. Ownership Transfer:
Grantee must provide written notice to the City prior to assigning this agreement to a
parent or an affiliate. Grantee may not assign this agreement to a successor or assignee
without receiving written consent from the City. The City will not delay or withhold written
consent without just cause. For the purposes of this section, a merger or corporate
reorganization of any entity controlling, controlled by or under common control with Grantee
shall not be deemed a transfer of assignment.
SECTION XVI. Security Device:
Grantee shall, within ten (10) days after the award of this agreement, file with the CED
Department and at all times thereafter maintain in full force and effect an acceptable security
device or escrow account in duplicate effective for the entire term of this agreement. In the
event Grantee shall fail to comply with any one or more of the provisions of this agreement
then there shall be recovered jointly and severally from the principal and surety of such
10
ORDINANCE NO. 5523
security device or escrow account any damage suffered by the City as a result thereof,
including the full amount of any compensation, indemnification or cost of removal or
abandonment of Kiosks herein above described, up to the full amount of the bond. This
condition shall be a continuing obligation within the City or may have arisen from the
acceptance of such agreement by Grantee or from its exercise of any such privilege herein
granted. The security device or escrow account initially filed in accordance with the
requirement of this Section shall be in the amount of twenty-five thousand dollars ($25.000).
In the event of substantial change in volume of street space occupied by Kiosks, the City may
permit or may require a corresponding change in the amount of such security device or escrow
account. The bond form set forth as Exhibit C is deemed an approved security device.
SECTION XVII. Additional Kiosks:
No locations other than those shown on Exhibit A as approved in this agreement shall
be permitted unless authorized by the Renton City Council. Such additional installations shall
be subject to all of the terms and conditions of this Master Use Agreement and to any such
additional conditions as may be prescribed by the Renton City Council as to any such additions.
SECTION XVIII. Permit Fees:
Grantee agrees to pay annually to the City from and after the date of acceptance of this
agreement and during the period it shall remain in effect a yearly recurring Master
Use/Franchise Construction Permit Fee per Kiosk for the use of the public right-of-ways within
the City of Renton.
11
ORDINANCE NO. 5523
Payment to the City will be made to the Finance and Information Services Administrator
on or before January 1st of each year during the period that this Agreement shall remain in
effect.
Master Use/Franchise Construction Permit Fee is fifty dollars ($50). The inspection rate
is forty dollars ($40) an hour.
Grantee does hereby agree to pay a one time Administrative Fee for agreement
preparation and processing of five hundred dollars ($500).
SECTION XIX. Applicants Contacts:
Any notices or information required to be given to parties under this Master Use
Agreement may be sent to the following addresses unless otherwise directed.
GRANTEE: CITY OF RENTON:
Master Builders Association
Attn: George Capestany
335 116th Avenue SE
Bellevue, WA 98004
(425) 457-7048
Gcapestany@mbaks.com
-th
Gerald Wasser,
Planning Associate
Planning Division, 6L" Floor
1055 S.Grady Way
Renton, WA 98055
(425) 430-7382
Gwasser@rentonwa.gov
Forward copies of notices of default to:
Master Builders Association of King and Snohomish Counties
Attn: Real Estate Attorney
335 116th Avenue SE
Bellevue, WA 98004
SECTION XIX. Effective Date:
This ordinance shall be in full force and effect from and after its passage, approval and
thirty (30) days after its legal publication as provided by law, and provided it has been duly
accepted by Grantee as herein above provided.
12
ORDINANCE NO. 5523
SECTION XX. Environmental Indemnification:
Grantee shall not introduce or use any Hazardous Substance on or in the construction
of the Kiosks in violation of any applicable law. Grantee shall be responsible for, and shall
promptly conduct any investigation and remediation as required by any applicable
environmental laws, all spills or other releases of any Hazardous Substance caused by Grantee,
that have occurred or which may occur on or near the Kiosks. Grantee agrees to defend,
indemnify and hold harmless the City from and against any and all administrative and judicial
actions and rulings, claims, causes of action, demands and liability (collectively, "Claims")
including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and reasonable attorney fees that the City may suffer or incur due to the existence
or discovery of any Hazardous Substances on or near the Kiosks or the migration of any
Hazardous Substance to other properties or the release of any Hazardous Substance into the
environment (collectively, "Actions"), that relate to or arise from the Grantee's activities on or
near the Kiosks. The indemnifications in this section specifically include, without limitation,
costs incurred in connection with any investigation of site conditions or any cleanup, remedial,
removal or restoration work required by any governmental authority.
PASSED BY THE CITY COUNCIL this 4th day of January , 2010 .
Bonnie I. Walton, City Clerk
13
ORDINANCE NO. 5523
APPROVED BY THE MAYOR this 4th day of January , 2010 ,
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: _j_/&/2Ill£L-(_summary)
ORD:1617:12/2/09:scr
14
ORDINANCE NO. 5523
ACCEPTED BY GRANTEE, MASTER BUILDERS ASSOCIATION OF KING AND SNOHOMISH
COUNTIES, this V2-^ day of Ji______±l 20 l& .
TITLE T^. Cf l^H^^S^l)^- ^^ S-
Print Name ' 1
Signature
Print Name
TITLE
15
ORDINANCE 5523
j - -
£ 1
1 \ '' .
\ >»
l
UJ !
<n !
9> •
< CO 1
^~ i—- --
i -
l«Jr
" \ _-•.
1 /'
^LJ-—-
••• ' .. '•
:' v§\ i •••• * i i
! i-SM
' - .':, CA'y
i y ~ \«°\.
\ \l
-
Attachment A
'¥«fefiiM>
January 11,2010
0 1,500 3,000
Z~ Feet
Real Estate Sign Kiosks
1 Future Kiosk Site
| | Initial Kiosk Site
Community & Economic Development
Alex Pietsch, Administrator
Data/GIS Analysis Services
Adriana A. Johnson, Patrick Roduin
Map produced by the City of Renton (c), the City of Rerrton all rights reserved.
No warranties of any sort, Including but not limited to accuracy,
fitness or merchantability, accompany this product