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HomeMy WebLinkAboutAgenda Packet for 1/12/2015 — - - — � , AGENDA RENTON CITY COUNCIL REGULAR MEETING January 12, 2015 Monday, 7 p.m. *REVISED* 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL * 3. PROCLAMATION a. Ann Grinolds Day-January 14, 2015 4. SPECIAL PRESENTATION a. FEMA Region 10 Community Rating System Class 5 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 1/5/2015. Council concur. b. City Clerk reports bid opening on 12/18/2014 for CAG-14-042, Grady Way Pavement Preservation project; six bids; engineer's estimate $1,063,225; and submits staff recommendation to award the contract to the low bidder, Lakeside Industries, in the amount of $847,338.50. Council concur. c. Community Services Department recommends approval of a King County Youth Sports Facility Grant to accept $67,500 to assist with capital improvements at the Cedar River Boathouse. Council concur. d. Community Services Department recommends approval of a fourth addendum to LAG-97-004, with Verizon Wireless, to extend the lease for five years and to increase the monthly revenue by $200, for equipment installation at the NE 12th Street Reservoir. Refer to Finance Committee. e. Community Services Department recommends approval of a ten-year Site Lease Agreement with New Cingular Wireless PCS, LLC (AT&T), in the amount of $2,500 per month (plus a one-time inception fee of $7,500) for installation of new antennae and supporting ground equipment at the Rolling Hills Reservoir. Refer to Finance Committee. Page 1 of 3 ' 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Planning & Development Committee: Choice Neighborhoods Initiative Resolution*; Sunset Area Redevelopment Resolution*; Amendment to RMC 4-1-210.0 for "Affordable Housing" definition* 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Choice Neighborhoods Initiative (See 8.a.) b. Declaring Sunset Area as a "Redevelopment Area" and "Investment Priority Area" (See 8.a.) Ordinance for first reading: a. Amending RMC 4-1-210.0 for "Affordable Housing" definition (See 8.a.) Ordinances for second and final readin : g a. Title IV (Development Regulations) Docket #10B D-101, Applicability of Urban Design Regulations (1st reading 1/5/2015) b. Title IV (Development Regulations) and Title VIII (Health and Sanitation) Docket #10B D- 104, Maximum Lot Area, Building Coverage and Impervious Surface Area Regulations and Residential Six Dwelling Units Per Acre (R-6) Zone (1st reading 1/5/2015) c. Title IV (Development Regulations) Docket #10B D-105, Creation of Tracts for Utilities, Open Space, Critical Areas, and Other Similar Areas (1st reading 1/5/2015) d. Title IV (Development Regulations) and Title V (Finance and Business Regulations) Docket #10B D-106, Wireless Communication Facilities (1st reading 1/5/2015) e. Title IV (Development Regulations) Docket #10B D-108, Fences, Hedges and Retaining Walls (1st reading 1/5/2015) f. Title IV (Development Regulations) Docket #10B D-109, Tree Retention and Land Clearing (1st reading 1/5/2015) g. Title IV (Development Regulations) and Title VIII (Health and Sanitation) Docket #10B D- 112, Administrative Code Interpretations (1st reading 1/5/2015) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT Page 2 of 3 COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS January 12, 2015 Monday, 6 p.m. City Center Parking Garage - Metro Lease •Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk•CITY COUNCIL MEETINGS ARETELEVISED LIVE ON GOVERNMENTACCE55 CHANNEL 21 AND ARE RECABLECAST: Tues.&Thurs.at 11 AM&9 PM,Wed.&Fri at 9 AM&7 PM and Sat.&Sun.at 1 PM&9 PM Page 3 of 3 .��.. °M�'" � City of ,� . t Y � � �' � ♦ i ♦ 2 E'NC Mayor�Offiu <1'YocC�xmation `WFiereas,Ann Grinolds has been volunteerin at the Ci Hall Information Desk since Janua 14 � tl+ lY , 1985, and is celebrating 3�years as a volunteer for the City of Renton on January 14,2015;and `W�ereas,Ann has given approximately 8,600 hours of her time during the past 30 years to greet visitors and staff, making everyone feel at ease with her special brand of warmth,sense of humor, and personality; and �ereas,Ann will celebrate her 94th biRhday on January 19, 2015; and ZV�ereas,Ann having been born in London, survived the German blitzkrieg on London in 1940 through 1941 during World War il; and `GV�ereas,Ann met her husband, an American soldier, and moved to Renton in 1953;and �ereas,Ann raised six children, all of whom graduated from Renton High School; and `tN�ereas,Ann is a four-time heart attack survivor and 64-year breast cancer survivor; and `W(�ereas,Ann's resilience and indestructibility kept her going th�ough these crises and she still refuses to give up at age 94 and cantinues to make a positive impact an our City's history and our lives; and `GV(ereas,we all, citizens, staff, and City officials alike,thank Ann for her dedication, helpfulness, professionalism and ambassadorship to and on behalf of the City of Renton; Now, t�erefore, I, Denis Law, Mayor of the City of Renton,do hereby proclaim January 14, 2015,to be Ann �rinoCd�s 1�ay in the City of Renton,and I encaurage al)citizens to join me in wishing Ann a very happy birthday and thanking her for 30 years of dedicated se�vice. Irt witness wlereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 12th day of January, 2015. r Denis tow, Mayor � City o/Renton, Washington Renton Ciry Hal1 • 1055 South Grady Way • Renton,Washington 98057 • reMonwa.gov I � CITY OF RENTON COUNCIL AGENDA BILL � b Subject/Title: Meeting: Contract Award for Bid Opening on December 18, REGULAR COUNCIL - 12 Jan 2015 � 2014; CAG-14-042; Grady Way Pavement Preservation Project Exhibits: Submitting Data: Dept/Div/Board: Staff Recommendation; and Administrative Services Bid Tab (6 Bids) Staff Contact: Jason Seth, City Clerk x6502 Recommended Action: Council Concur. Fiscal Impact: Expenditure Required: $ $847,338.50 I Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ $1,487,692.00 � City Share Total Project: $ SUMMARY OF ACTION: Engineers Estimate: $1,063,225.00 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities with the low bid. Therefore staff recommends acceptance of the low bid by Lakeside ' Industries, in the amount of$847,338.50. STAFF RECOMMENDATION: Accept the low bid submitted by Lakeside Industries in the amount of$847,338.50. ✓ PUBLIC WORKS DEPARTMENT � o � � �, �0� `� M E M O R A N D U M CITY OF RENT�N DATE: December 5, 2014 JAN 0 b 2��15 TO: Jason Seth, City Clerk RECEIVED FROM: Douglas lacobson P.E., Deputy Public Works Adm���,S OFFICE Transportation SUBIECT: Bid Award—Grady Way Pavement Preservation Project This memo summarizes the bids recently received for the Grady Way Pavement Preservation Project and recommends award to the low bidder. On December 18, 2014, at 2:00 p.m.the City received six bids for the Grady Way pavement Preservation Project. The City Clerk opened and publica�ly read all six bids. Six contractors submitted bids. The bid numbers read by the City Clerk off the contractor's proposals are shown below. 1) Lakeside Industries, Covington $ 847,338.50 2) ICON Materials, Pacific $ 924,818.95 3) CEMEX Construction Materials Pacific LLC, Lynnwood $ 942,277.17 4) Lakeridge Paving, Covington $ 942,715.50 5) Miles Resources, Puyallup $ 949,844.60 6) Watson Asphalt Paving, Redmond $ 991,869.00 Engineers Estimate $1,063,225.00 After the Clerk read the proposals, Lakeside Industries became the apparent low bidder with a bid of$847,338.50. We have checked all bids for completeness, mathematical correctness and inclusion of all required forms. An independent review of the bids was performed by CM Design who prepared the bid documents. No mathematical errors were found and all required forms were included with all bids. As a result Lakeside Industries was found to be the lowest responsive and responsible bidder with a bid of$847,338.50. This bid is approximately 20%lower than the engineer's estimate. The project is partial funded with a Federal Highway Administration grant and as required the Washington State Department of Transportation has reviewed the low Jason Seth � Page 2 of 2 December 5,2014 bidder's bid documents and has concurred with our award recommendation. See attached email from WSDOT. The adopted construction budget for this project is $1,149,796. The total amount budgeted for the project is$1,487,692. The difference of$337,896 has been budgeted for design services, permitting and construction services. The low bid is within the monies budgeted for this project and we recommend that the City Council award the contract for the Grady Way Preservation Project to Lakeside Industries in the amount of$847,338.50. c:\users�harnden\appdata\local\microsoft\windows\temporary internet files\content.outlook\bxnod4sa�grady way bid recommendation memo.doc CITY OF RENTON I BID TABULATION SHEET Projett: SW Grady Way Overlay Project Page 1 of 2 CAG-14-151 Date: 12/18/14 FORMS � DBE Bid Total from Bidder Signed Bid Non. Fed. Cert. Add. Subs Schedule of P�ices � Proposai Bond Coll. Aid Comp. 1 List *Includes Sales Tax Cemex PO Box 2037 x x x x x x x $942,277.17 Everett,WA 98213 ICON Materiais 1508 Valentine Ave. SE x x x x x x $924,818.95 Pacific, WA 98047 Lakeridge Paving Co. PO Box 8500 x x x x x x x $942,715.50 Covington, WA 98042 Lakeside Industries 18808 SE 257th St. x x x x x x x $847,338.50 Covington,WA 98042 Miles Resources, LLC 400 Valley Ave. NE x x x x x x x $949,844.60 Puyallup, WA 98372 ..� CITY OF RENTON BID TABULATION SHEET Project: SW Grady Way Ove�lay Project Page 2 of 2 CAG-14-151 Date: 12/18/14 FORMS DBE Bid Total from Bidder Signed Bid Non. Fed. Cert. Add. Subs Schedule of Prices Proposal Bond Coll. Aid Comp. 1 List *Includes Sales Tax Watson Asphalt PO Box 845 x x x x x x x $991,869.00 Redmond,WA 98073 Engineer's Estimate $1,026,077.00 , r CITY bF RENTON COUNCIL AGENDA BILL �. C. Subject/Title: Meeting: King County Youth Sports Facilities Grant REGULAR COUNCIL - 12 Jan 2015 Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community Services Grant Application Staff Contact: Peter Renner, Facilties Director, Ext 6605 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ I Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ $67,500.00 Total Project Budget: $ � City Share Total Project: $ SUMMARY OF ACTION: The George Pocock Rowing Foundation (GPRF) leases and operates the City's Cedar River Boathouse, LAG-14-001, providing watercraft recreation opportunities with an emphasis on youth rowing programs. The Boathouse has a deficient dock and inadequate storage racking systems. With the City as co- applicant, GPRF applied for a King County Youth Sports Facilities Grant for$67,500 to address these capital needs. The grant has been approved in the King County annual budget. STAFF RECOMMENDATION: Council accept the grant. COMMUNITY SERVICES p � ���0� � DEPARTMENT M E M O R A N D U M DATE: December 24, 2014 T0: Ed Printe, Committee Chair Members of Renton City Council VIA: Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. 6605 SUBJECT: King County Youth Sports Facilities Grant for the Cedar River Boathouse Issue: Should the City accept a King County Youth Sports Facilities Grant, with George Pocock Rowing Foundation (GPRF) co-applicant, for$67,500, to be used for dock replacement and interior improvements at the Cedar River Boathouse? Recommendation: Council authorize the acceptance of the Grant. Back�round: • GPRF has been leasing and operating the Cedar River Boathouse since the summer of 2014. • Prior to the signing of the lease, identified capital needs inctuded the repair or replacement of the floating dock from which the watercraft are launched and an improved boat storage system to maximize the capacity in the boathouse. • GPRF had recently received a similar grant at their Lake Union site and successfully completed dock replacement there. • GPRF and the City co-applied for a 2015 budget cycle King County Youth Sports Facilities Grant. • On December 2, 2014, we were notified of the award of grant in the full amount, subject to the passing of the King County budget, which has since occurred. • Based on their recent experience coordinating the Lake Union dock, GPRF will be coordinating and project-managing the work, including compliance with shoreline regulations. Ed Prince, Committee Chair i Members of Renton City Council , Page 2 of 2 December 24,2014 Conclusion: � Accepting this grant will provide significant funding for boathouse improvements and � eliminate operational deficiencies in water craft programming at the Cedar River ' Boathouse. cc: Jay Covington,Chief Administrative Officer Iwen Wang,Finance&IS Administrator Larry Warren,City Attorney I KiN4, �,D�JINT� Pq1e,�5 �KingCouMy Youth Sports Facilities Grant Fund 2014 Application Project Name: Renton Rowing Centei• Dock and Boathouse Interior Applicant: George Pocock Rowing Foundation Grant Request: $67,500 King County Parks 201 South Jackson Street, Suite 700 KSGNR-0700 Seattle, Washington 98104 206.477.4577 htl��;_%�<«��.l:i,�`���,i�ilt�.��c��� ��arl:.� �I . KING COUl�tTY PARKS YOUTH SPORTS FACILITIES GRANT FUND Overview and Schedule The Youth Spoi�t Facilities Grant Fund (YSFG)provides matching grant funds to rehabilitate, expand, or develop sports fields and facilities serving youth in King County. To be eligible far funding, youth sports or cammunity organizations must partner with a public entity on whose Iand the field or facility is or will be lacated. Public entities inclt�de: school districts,park districts, utitity districts, cities, or King County. The applicatian must be jointly submitted by both the youth sparts or community group and the public entity. Only projects lacated in King County, Washington are eligible far funding. � Successfui YSFG projects consist af gaod planning and coardination among the applicants. The abiIity to II demonstt�ate cammunity need,that the pz�oject will meet that nced, and that it will be completed in a timely manrter an budget are key elements of a strong application, � Please refer to the YS�G Pro�ram Policv and Proiect Selection Guidelines document before •ou be in I y g l completing this app�ication. Please submit the signed original and three(3) dauble-sided capies af all application materials ta I�ing County Parks by June 20s 2014 {�'eeeiv�d,n�t past-tnarked). Late applications wrll nat be accepted, � Letter of Intent Mayr 2,2014 Application Due June 20, 2014 Project Revie�vs July—August 2014 In-Person Project Reviews September 2014 Executive Recommendations September 2414 , Final Council Approva! November 2024 Contractin , Letter to Yroceed January 2015 � Please contact YSFG Pragram staff to discuss potential projects. ' Butch Lovelace, Program Manager I I��:lcl�.�,,�,c1�;,��: t�hi<3�wt�,�ir,tt,.=j,->� 20b.477.4577 , J King County Parks �' 2014 YSFG Application Please respond to each aspect of each question.Although letters of support are encouraged, excessive use of appended materials is neither encouraged nor to your advantage. About this form: Each question has a response bo:c that is formatted with a masimum allowed number of characters (i�icluding spaces). For each question requiring significant test, the nu►nber of altowable characters is noted next to the box. You are not required, however,to use the maximum allowed. In addition,the document is protected so that text can only be added or edited with the fill boxes. 1. Title of Proposed Project: Be concise,e.g.,Oak Tree Park Basketbal)Court Renton Rowing Center pock and Interior Racks 2. Location: Provide an address and enough infoimation for staff to find the project location. Renton Rowing Center/Cedar River Boathouse 1060 Nishiwaki Ln. Renton, WA 98057 ' 3. Brief Description: Summarize in one or t�vo sentences how the YSFG funds will be used. YSFG funds will replace the Renton Rowing Center's 20' x 60'dock thereby improving public access to recreational and competitive youth& adult rowing as well as kayak, canoe, stand-up paddle board rentals, and other paddling sports. Building materials will be 4. Applicant: I Public Agency(applicant) The City of Renton, J Project Contact I Peter Renner, Facilities Director J IAddress I t055 S.Grady�Vay � City, State I Renton,WA l Phone � (425)430-6650 l � Email prenrie�tl@rentonw�ov �� I Authorized Signature I ��/ r ICommunity Group I j (co-applicant) George Pocock Rowing Foundation � IProject Contact I Karla Landis J IAdd►•ess 3320 Fuhrman Ave E 1 I City,Zip Seattle, WA _l Phone I 206-686-6386 � IEmail karla@pocockfoundation.org � Authorized Signature J 5. Neighborhood/Commani#y Impact(0-20 points) This section should explain: (1)I Iow existing sports facilities in your service area are inadequate, in disrepai�•, ar cannot meet the needs of yaur arganization's mernbers and area youth in generaL Please define your "Seivice Area"and include documentation that supports the need for this praject;and(2)How the proposed project t�vill remedy the abave described situation and increase usability. Maximum points wiil be awarded fo prajects addressing a high priority youth sports facility need. A project �vill receive zero points if the need for the pz•oject is not docu�nented. Evaluatars will consider canditions af existing facilities in the service area.�ma:c 2,540 characters} King County supports yauth ro�ving on Lake Sammamish as the Seattle Parks I�epartment supports it in Seattle, however Rentnn has been without rowing access. While the Renton boasts more than 2� � public parks and trails,water-access is predominantly limited to beaches without docks thereby � reducing non-motorized, hurnan-powered boating opportunities. The Cedar River Boathouse,now known as the Renton Rowing Cenker(RRC), provides a significant public water access point thereby j giving the citizens of Renton a pathway water-based recreation,boating, and rowing. Our target papulation is youth, specifically low-incame and underserved boys and girls, grades 6-12, � however,this boathouse will be open to the general public. Youth, specifically low-incomc students � and students of color, are facing criticaI issues—abesity, violence and gang activity,declining sense of � community- and we believe baating recreation is a part of the solution. The GFRF is especially � committed ta leveraging the team sport of rowing ta help youth overcame these critical issues and � engage them in a way that i�nites their passion for school, Iife, and community. j All Renton middle and high schoals are Iocated within seven miles of RRC. Dimmitt Middle School , and Rentan High School are both located only one mile away. The percentage af students an free/reduced lunch in RRC's surrounding neigh6arhaods is 65-70°l0, significantly�;reater than that of ' mare distant Iocatians. The sacial,physical, and emationaI benefits of rowing are boundless: a}as one af the tnost physically demanding sports,rowing enhances fitness and supparts Iifelong health and , wellness; b}often ca3led"the ultimate team spart,"rawing is ideal for instilling nations af persistence ' and self-efficacy; and c}because of its histor'ical ties to Universities,rowing is steeped in a college- going ct�lture and rich educational netwarks. The GPRI''s program design removes barriers through inclusive and accessible indoor and airtdaor pragrams designed to help yauth develop skills for lifelong health and wellness; communicatian, team�vark, teadership; anc� increased community connections. The GPRF currer�tly operates the cauntry's most robust systetn for youth rowing access. In partnership with Seattle Public Schoals,more than 1 Q,Q40 students participate in indoar rowing educatic�n as part of physical education curriculum. V4'hen a studeut in our indoor ro�ving prograro asks about rowing in boats, we direct them to nearby on-the-tivater programs. If needed,we arrange for sw�imming lessons, transportation to and from practice, schalarships, mentarship, and more, , In order ta develop yauth boating programs sirnilar to those identified abave �ve must first replace the dock to 1)improve public safety,2)accommodate the launching ofrowing shells and other watercraft, 2) improve light transrnission and reduce negative impact on fish. Secondly, �ve mt2st build interior ' boat racks to suppork equipment storage and maximize space. � � . , 6. Project Mauagement(0-15 points) MaYimum points will be awarded to projects that are carefully planned and cfearty ready to proceed as soon as a grant award is available. Elements of a well planned project include: 1. A well-defined scope of work and how the requested YSFG funding plays a role. 2. A detailed time frame. This can be documented on the budget exhibit. 3. An indication that the applicant has provided for any specialized knowledge or expertise necessary to accomplish the project. 4. Evidence that there is well-established coordination behveen the joint applicants. 5. Any necessary permits need to be identified and steps taken to obtain them documented. 6. Applicant needs to describe how the facility will be maintained to a safe and playable standard. (max 2,500 characters) Project Scope includes community coordination, fiind raising,permitting, fabrication,pre-assembly, and dock installation. Funds from the KCYSFG will be applied against purchases such as dock fabrication, assembly and installation. Providing no increase in square footage as is the case in this project, dock repair and replacement are exempt from environmental review under the Washington State's State Environmental Policy Act- SEPA WAC 197-11-500 section 3 for details (lllt��_;-a��i��_1.��_._��a,�����_'«����%cict�ault.a_�j,�'.'�it�_ l�)�-_11-5�1fi). Additionally, the replacement ofan existing structure in a maiiner that does not cause adverse shoreline effects is authorized via shoreline permit exemption. Our shoreline permit exemption and building permit are being processed. Please note,this dock replacement project is in alignment with"best practices"with current environmental , regulations regarding dock building. A detailed project timeline and budget is attached. GPRF Board members and staff have built or managed the construction of several boathouses and rowing specific docks since 1976 including the Pocock Rowing Center at 3320 Fuhrman Ave E and the city boathouse in Everett, WA. We advised Seattle Parks Department in 1983 when they built the Mt. Baker Rowing and Sailing Center and docks, and consulted on projects in Seattle, and other cities in WA, OR, PA, and NH. To complete the dock project, we will engage the services of Jim Guy of NW Docl:s in Anacortes. Mr. Guy is a licensed biologist and consultant who will manage the entire peirnit process. Among his clientele are the Department of Natural Resources and Washington Fish and Wildlife. The Cedar River Boathouse is property of the City of Renton. The dock will run parallel to the shore, with a ramp extending from the eastside of the boathouse. The GPRF is committed to lease the facility through 2019 and agrees to provide funds to maintain the dock for as long as �ve lease the building. � 7, Project Phasing or Redaction Uptions YSFG funding is limited;�ve suggest that vau identify those aspects.of your project ihat are key elements antf of highest priarity,should the review committee suggest partial fiinding. a. Can your project be funded at a reduced leval if necessary? Yes/No NO b. What amount of YSFG Fiinds�r�ill be needed at the reduced leve!? c. What amenities wo«ld not be funded at a fower level? (max 500 characters) Most of this p�-oject cast is fixed in that most of t6e cost is in preconstruction design,permitting,and base infi�astructure af the dock that must be handle debris and meet requirements of environrnental regalations. I 8, Praject Design(0-15 points} II Please clescribe how this project is weii designed to consider current and future needs. Maximum points wil(be l a�varded ta prajects that are tlaoughtfu(Iy designed and consider the fo[towing etements: 1. Appropriate and quality materials � 2. Function and future needs 3. Efficiencres 4. Maintenance 5. �lesthetics 6. Space relatianships 7. Sustainable design You are encouraged to include an attachment related ta the desiga and sitc plan. Finally,does your proposcd project comply with the Americans�vith I�isabilities Act(ADA)? Ptease refer to the federal access board on accessibility design at: l.�t,�: ��..+���..<���t��-h��,�,cl.�v,��,_"or eontact YSFG Program staff ifyou have questians. (max 1,500 characters) �i Low profile, fish-friendly, Iight transmitting, aluminum deck with long-lived, environmentaily- friendly floatation and inert pilings are"best practices"materials of the highest quality, durability and � sustainabitity. The GPRF remains respansible for maintenance while leasing the property from the City af Renton. The Ci�y of Renton wiil manage maintenance should their agreement with the GFRF end. Frozn dawn to dusk,the dack design accommadates rowing,kayaking, and SUPing far yauth as young as age 10 and adults. Placement allows efficient in and out traffic pattern, and fish migration. ADA pathway is in existence fram {street name},throu�h RRC and to the edge af the dock making this facility perfect far adaptive rowin�programs for para-athleTes and other special needs populatians. The fastest gro�vin�demograph'rc in sport is adaptive papulations. ADA campliance is well- �knderstood and boating is an activity for a wide range of ages and physical a6ilities. The current r�mp fram the building to the dock is in good cc�ndition and not in need af replacement. The dock wil] be built and pre-assembled off-site. D�.�ring the appl-opriate windc���r(DecJJan.},doct� sections will be added as pilings are available. Sustainability of the d�ck will be achieved through protective pilings,replaceable wear surfaces, chemically stable floatation,metal decking in lieu of wood planking. Building materials�vil1 be laeally sourced frarn recycled materials. J < CITY OF RENTON COUNCIL AGENDA BILL � � . � . Subject/Title: Meeting: Verizon Wireless LLC Addendum Four to LAG 97 REGULAR COUNCIL - 12 Jan 2015 004 Exhibits: Submitting Data: Dept/Div/Board: � Issue Paper Community Services Addendum Staff Contact: Peter Renner, Facilities Director, Ext. 6605 Recommended Action: � Refer to Finance Committee Fiscal Impact: , Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ $2400/year Total Project Budget: $ � City Share Total Project: $ SUMMARY OF ACTION: The Fourth Addendum allows Verizon Wireless to install a protected emergency generator at the NE 12th Street Water Reservoir to support their existing antennae. Their plans have been reviewed and approved by Water Utility and Economic Development. This Addendum extends the Lease an additional five years and increases the monthly revenue by$200. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to sign the Fourth Addendum to LAG-97-004. 4 COMMUNITY SERVICES _- p ��0� � DEPARTMENT M E M O R A N D U M DATE: December 23, 2014 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext 6605 SUBJECT: Fourth Addendum to LAG-97-004 between City of Renton and Verizon Wireless for Ground Space and Equipment at the 1240 NE 12th Street Reservoir Issue: Should the Council authorize the Mayor and the City Clerk to sign the Fourth Addendum to LAG-97-004 with Verizon Wireless for ground space and equipment installation at the NE 12th Street Reservoir? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Addendum. Back�round: • This Addendum extends the lease period for five more years. • Verizon intends to make their reservoir-based equipment more reliable by installing an electric generator with associated hardware at the cell site to continue operations during power outages. • There is sufficient room for the installation. • Verizon has been a tenant since 1997 and has been reliable, responsible, and communicative. • The rent will be increased by$200 per month, which is consistent with ground equipment upgrades of this type. That will increase the total rent to $1,652.83 per month with annual CPI-based price increases. • Verizon has submitted a City-required engineering analysis of the proposed equipment placement. It has been reviewed and approved by engineering staff in the City Utilities Systems. • Verizon has also achieved approval for the screening and noise abatement for the equipment. H:\Facilities\Facilities Diredor\Peter Renner\My Documents\Leasehold\Verizon\Issue Paper Verizon Addendum4 NE 12th Reservoir 2014.doc 12/16/2014 r I � Ed Prince,Council President Members of Renton City Council Page 2 of 2 • December 23,2014 • The equipment will only be in service during emergencies and during maintenance testing, similar to such installations at City Fire Stations. • Installation of a generator wilt improve reliability of the Verizon network for customers, including City-issued cell phones, during systemic etectrical outages. Conclusion: Approving this Lease Addendum will provide continued cash flow for the City and improves cellular system reliability for Veri2on's customers in the area. cc: Jay Covington,Chief Administretive Officer ' Iwen Wang,Finance&IS Administretor �I Larry Warren,City Attorney i h:\facilities\facilities director\peter renner\my documents\leasehold\verizon\issue paper verizon addendum4 ne 12th reservoir 2014.doc -� —�� C:itp of� --- r 4..-�. C����� �:�'��� DEPARTMENT OF COMMUNITV SERVICES FOURTH ADDENDUM # 04-14 TO LAG-97-004 Between CITY OF RENTON and VERIZON WIRELESS (VAW) LLC, d/b/a/ Verizon Wireless, successor-in-interest to USWEST COMMUNICATIONS WIRELESS GROUP ADDENDUM #04-14 This fourth addendum ("Addendum # 04-14") to LAG-97-004 is agreed to on this „ „ da of 2014 Effective Date b and between the Cit of Renton a Y � )� Y Y , noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington ("Renton"), and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless ("Tenant" or "Lessee"). Renton and Tenant are collectively referred to as the "Parties". The Parties , mutually agree to amend their Option and Site Lease Agreement (LAG 97-004) (at Site # SEA 044A) (the "Agreement") for the purpose of extending the lease for an additional five (5) years. Prior Addenda to LAG-97-004: Addendum #01-97: Among other things, Renton granted Tenant an option to lease the Site for the permitted use; the right to install, construct, reconstruct, maintain, update, replace or upgrade its communication facility; required Tenant to obtain a separately powered power source to the site; extended the term of the lease for ten (10) years, with a right to renew for an additional ten (10) years; set the monthly rent amount to $617, to be increased annually based on the "'All Items' category of the Consumer Price Index for Urban Wage Earners and 1 r Clerical Workers published by the Bureau of Labor Statistics of the US Department of Labor for Seattle-Everett Metropolitan Area (1967+100) (the 'Index')"; removed insurance language limiting recovery to insurance proceeds; removed Tenant's ability to sublet to assign its rights , to the site without Renton s consent; and removed language requiring arbitration in accordance with American Arbitration Association rules. Addendum #02-97: The Parties agreed to replace the language in Paragraph 5 of LAG 97-004 with new language with kept the month rental amount at 617.40, subject to automatic annual increases based on the "'All Items' category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the US , , Department of Labor for Seattle Metropolitan Area (1967+ 100)(the Index ) for the twelve month period ending in July of each year." Addendum#03-11:Among other things,the Parties agreed to replace Exhibit "C" of LAG 97-004 with an Amended Exhibit "C", consisting of Site Equipment located at the Premises, which was attached and made part of addendum to the agreement; Renton granted Tenant a right to attach three (3) additional panel antennas and a right to expand Tenant's Premises to 10-feet by 20-feet as specified in Amended Exhibit "C"; the Parties updated the statistics from Bureau of Labor Statistics of the US Department of Labor for Seattle Metropolitan Area (1967+ 100) to "'All Items' category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Tacoma-Bremerton, WA Metropolitan Area for the 'Base Period' of 1982-84 = 100 ('Index') for the twelve month period ending in June of each year"; and the notice contacts 2 were updated to reflect that the Tenant is Verizon Wiretess and that Mr. Peter Renner represented Renton. NOW, THEREFORE, in consideration of the mutual terms and covenants previously exchanged and to be exchanged in the future, the Parties agree to the following amendments, to be known as Addendum #04-14, with all the unaltered terms of the Agreement remaining in full force and effect: SECTION 1. Pursuant to Section 4, Term, Agreement Section 3, entitled Permitted Use, shall be amended by the deletion of [see addendumJ and the addition of the following language at the end of subsection (a): This subsection shall be subject to any addenda or exhibits referenced or mutually agreed upon by the Parties. Additionally, Agreement Section 3, entitled Permitted Use, shall be amended by addition of the following language at the end of subsection (c): Lessee shall have the limited right to expand the size of the Site to accommodate the installation, maintenance and/or use an electrical generator at the Site as a power backup or emergency source of electricity, as depicted on Exhibit C attached and fully incorporated by reference into the Agreement. Exhibit C to the Agreement is supplemented with Exhibit C-4 attached and fully incorporated by reference into this Agreement. ' SECTION 2. Pursuant to Section 4, Term, Agreement Section 4, entitled Term, shall be amended as fo►Iows: The Parties mutually agree to extend the term of the Agreement for an additional five (5) years, ending December 31, 2019. After the extended Term of this Agreement, the Parties may agree to extend the term of this Agreement with another Addendum, subject to the Renton City Council's approval. SECTION 3. Pursuant to Section 4, Term, Agreement Section 5, entitled Rent, shall be amended by the addition of"(c)" which states the following: 3 Effective the first day of the month following the date Tenant commences installation of the generator at the Site (the "Rent Increase Effective Date"), the rent payable for Tenant's use of the Site shall be increased by $200.00 per month. The Parties shall confirm in writing the Rent Increase Effective Date. IN WITNESS WHEREOF, the Parties agree that this addendum, once executed, takes effect on the Effective Date noted above. Dated: September , 2014 I Renton, Washington CITY OF RENTON: By: Denis Law, Mayor Attest: Jason Seth, Acting City Clerk 4 � TENANT: VERIZON WIRELESS (VAW) LLC d/b/a Verizon Wireless By: Brian Mecum Area Vice President Network State of California ) ) ss. County of Orange ) On before me, ,Notarv Public, personally appeared Brian Mecum , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Pubhc Place Notary Seal Above �-i CITY OF RENTON COUNCIL AGENDA BILL /� �O . � • Subject/Title: Meeting: Wireless Communications Facilities Site Lease REGULAR COUNCIL- 12 Jan 2015 Agreement with New Cingular Wireless PCS, LLC (AT&T) Exhibits: Submitting Data: Dept/Div/Board: , Issue Paper Community Services Lease Agreement Staff Contact: Peter Renner, Facilities Director, Ext. 6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ I Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ $2,500/month Total Project Budget: $ � City Share Total Project: $ SUMMARY OF ACTION: ' This Site Lease Agreement with New Cingular Wireless PCS, LLC, the cellular division of AT&T, will allow the installation of new antennae and supporting ground equipment at the Rolling Hills Reservoir. The plans have been reviewed and approved by the Water Utility. New Cingular Wireless will pay$2,500 in rent per month for this ten-year lease, with a one-time inception fee of$7,500. There are two, ten-year extension options. Annual rent increases will be based on Consumer Price Index adjustments. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to sign the Site Lease Agreement. � ' COMMUNITY SERVICES +ry�f DEPARTMENT �--- D Q��O� ��� M E M O R A N D U M DATE: December 12, 2014 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext 6605 SUBJECT: Site Lease Agreement with New Cingular Wireless PCS, LLC for a Cellular Service Site at the Rolling Hills Reservoir at 11500 Puget Drive SE, Renton Issue: Should the Council authorize the Mayor and the City Clerk to sign the Wireless Communication Facilities Site Lease Agreement with New Cingular Wireless PCS, LLC (AT&T)for antennae placement and ground space at the Rolling Hills Reservoir? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Agreement. Back�round: • AT&T intents to expand their wireless network capacity to meet rapidly growing customer demand. • AT&T has equipment placements on and at the Highlands Water Resenroir at 1240 NE 12th Street. They have been a responsible tenant through the length of their Lease and Addendums. • AT&T approached the City about placing new antennae and ground equipment on and at the Rolling Hills Reservoir. � AT&T has submitted a City-required engineering analysis of the proposed equipment placement on the resenroir. It has been reviewed and approved by engineering staff in the City Utilities Systems. A similar process was followed for the appropriate placement of ground equipment. • The monthly lease payment will start at$2,500 per month, with annual CPI increases. • AT&T will provide a $30,000 bond to provide for removal of equipment in case of corporate default. iz/i6/zoia , Ed Prince,Council President Members of Renton City Council Page 2 of 2 - December 12,2014 • AT&T will pay the City$7,500 to account for the City staff time for this project due to the project complexity. Conclusion: Approving this Lease Agreement provides additional cash flow for the City and improves cellular coverage for AT&T's customers in the area. cc: Jay Covington,Chief Administrative Officer Iwen Wang,Finance&IS Administrator Larry Warren,City Attorney < r����� ,. , �. �t�s��.�ti/.i..:�4,� t� WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT THIS WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT ("Lease") is made as of this day of , (the "Effective Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington ("Lessor" or"Renton"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13- F, West Tower, Atlanta, GA 30324, ("Lessee"). Renton and Lessee are sometime referred to collectively in this Agreement as the "Parties". Renton's Facilities Division ("Facilities") is the custodian of the property. RECITALS WHEREAS, Renton supports increased availability and improved communications services for its citizens and businesses; WHEREAS, Renton's primary responsibility is to provide municipal services to its citizens and businesses and to lease city facilities to private communication companies if such lease will not interfere with the delivery of those municipal services; WHEREAS, opportunities for Renton to lease city property should be marketed to accomplish the greatest exposure and to achieve the best value for Renton and its residents; WHEREAS, city-owned property must be leased at no less than fair market value; and WHEREAS, Renton owns certain improved real property located at 11500 Puget Drive SE, Renton, WA 98005, commonly referred to as SD2357 Tiffany Park/ Rolling Hills Water Tank, which is legally described in Exhibit A, attached and fully incorporated by reference into this Lease ("Property"); and WHEREAS, the Lessee is engaged in the operation of wireless communication services and desires to lease from Renton, and Renton is willing to lease that portion of the Property which is marked as the Equipment Facility Area described in Exhibit 6, attached and fully incorporated by reference into this Lease; , TERMS OF LEASE NOW THEREFORE, for valuable consideration the sufficiency of which is acknowledged and in consideration of the terms, conditions, covenants and performances contained in this Lease, the Parties mutually agree to incorporate the above-noted Recitals and agree as follows: 1. Renton Reqresents the followin�: A. It owns the Property and the Equipment Facility Area and all appurtenances to i the Property and Equipment Facility Area not owned by other lessees; ' B. It is fully authorized to enter into this Lease; and C. The individual executing this Lease on behalf of the City of Renton is authorized to bind Renton to the provisions of this Lease. 2. Areas Leased/ Equipment Facilitv Area: A. Renton leases to Lessee at Lessee's sole responsibility and expense, a portion of the Property, identified in this Lease as the Equipment Facility Area, (Exhibit B), together with non-exclusive access rights to Renton conduits, as further described in Exhibit C, attached and fully incorporated by reference into this Lease, to and from the Equipment Facility Area through the Property, sufficient for Lessee's use of the Equipment Facility Area, as outlined in Section 3 of this Lease. Any changes to the location of Lessee's access right described in Exhibit C are subject to Renton's approval, which approval shall not be unreasonably withheld. B. Lessee has examined the Property and accepts the Equipment Facility Area and surrounding Property as is, in its present condition as part of the consideration of this Lease. 3. Permitted Use: The Lessee may use the Equipment Facility Area only for the transmission and reception of communications signals and for the installation, operation, maintenance and removal at Lessee's sole responsibility and expense, of Lessee's un-staffed communication site equipment, to be referred to as "Site Equipment". The Site Equipment on the Property shall comprise only those items described on Exhibit D, attached and fully incorporated by reference into this Lease. The definition of what is included as Lessee's Site Equipment in Exhibit D may only be modified by written approval of Renton, Renton's approval not to be unreasonably withhetd, and upon such approval, the modifications will be memorialized by a written agreement by the Parties. lessee shall not use the Property for any other purpose without Renton's prior written consent, which Renton may withhold for any reason at Renton's sole discretion. 4. Effective Date: All references in this Lease to the "Effective Date", . "Acceptance Date", "Commencement Date", "the date hereof", or similar references shall be deemed to 2of32 refer to the date on which Renton has executed and acknowledged this lease, as shown on the first page of this Lease. 5. Term: A. This Lease shall commence as outlined in Section 4 above, and shall expire ten (10)years from the date of such execution ("Initial Term"); provided that this Lease may be extended for up to two additional terms of ten (10) years each (each a "Renewal Term"). Such Renewal Terms shall be automatic unless one party provides written notice to the other party at least six (6) months prior to the expiration of either the Initial Term or the then existing Renewal Term that does not intend to accept an automatic extension of the Lease. The Initial Term and any Renewal Term(s) shall collectively be referred to as the "Term". B. Notwithstanding the above, if Lessee has not approved the results of the radio frequency test(s) referenced in Section 10 to determine the suitability of the Equipment Facility Area for its intended uses, and/or has not obtained all necessary governmental approvals for the placement and operation of the Site Equipment within six (6) months after the effective date of this Lease, including but not limited to approvals from the ' Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA), as well as applicable land use approvals for such facilities, the Lease shall automatically terminate thirty (30) calendar days after the expiration of such six (6) month period, and Lessee shall remove Lessee's equipment and return the Equipment Facility Area to its respective condition immediately prior to the commencement of the term of the Lease. Such six (6) month period may be extended by Renton for good cause shown. 6. Initial Staff Time; Initial Rent: Subsepuent Adiustments: Holdover Rent & Char�es for Late Pavment: A. lessee shall pay a one-time fee in the amount of Seven Thousand-Five Hundred Dollars ($7,5001 on the Commencement Date. This fee shall be delivered or mailed to the address in Paragraph 6C below. Lessee may incur additional fees, the amount to be determined by Renton along with supporting documentation detailing that determination, if Lessee requests significant revisions to the Equipment Facility Area and/or additional area within the Property. B. At Renton's discretion, a licensed engineer of Renton's choice shall review, inspect, and approve the original installation and any future modifications and additions to the Site Equipment. Lessee shall bear the reasonable cost of such approval and inspection. C. Lessee shall begin paying monthly rent ("Rent") at the time that Lessee provides notice to Renton of Lessee's intent to begin construction of Lessee's facilities at the Equipment Facility Area or beginning on the 13th month after the Effective Date ("Rent Commencement Date") as defined in paragraph 4 above. Monthly Rent is the amount as defined in Paragraph 6D below, plus Washington Leasehold Excise Tax, if applicable. • 3 of 32 , Rent payments shall reference, "Highlands Reservoir Antenna Lease," and shall be delivered electronically as approved by the City of Renton Finance Department or mailed to: City of Renton Finance Department 1055 South Grady Way Fifth Floor Renton, Washington 98057 D. Initial Rent payable by Lessee shall be Two Thousand Five Hundred and No/100 Dollars ($2,500.00) each month.The initial Rent payment will be forwarded by Lessee to Renton within forty-five (45) days after the Rent Commencement Date. Rent for any partial month shall be prorated. E. Renton retains the right to identify additional charges/rent in a proportional amount, for any additional requests by Lessee for lease space outside the Equipment Facility Area. Renton may, in its sole discretion, deny such a request for any reason. F. Monthly rent will be automatically adjusted each September throughout the Term of this Lease in proportion to the annual increase in the "All Items" category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Tacoma- Bremerton, WA Metropolitan Area for the "Base Period" of 1982-84 = 100 ("Index") for the twelve month period ending in June of each year. If an agreement is executed within seven months prior to September, the increases will begin the following September. If the Consumer Price Index declines during a June-to-June period, in no event shall the Rent be less than the original Rent set forth in the agreement. If the Index is discontinued, the parties agree to use a Iocally available comparable substitute. G. Receipt of any Rent by Renton, with knowledge of any breach of this Lease by Lessee, or of any default on the part of Lessee in the observance or performance of any of the conditions or covenants of this Lease shall not be deemed a waiver of any provision of this Lease. H. If after the end of the Initial Term or any Renewal Term, as the case may be, Lessee continues to use the Property without entering into a new lease with Renton, and/or Renton has not provided written notice to Lessee that the Lease will not be renewed, the Lessee shall become a tenant on a month-to-month basis on the same terms and conditions of this Lease, and pay monthly Rent equivalent to the monthly Rent at the time the Term ends. I. If any sums payable to Renton under this lease are not received by Renton on or before the fifth (5th) day following its due date, the lessee agrees to pay a late fee of $200 which shall be due and payable with the Rent payment. There shall be a $25 fee assessed to the Lessee if a bank or other financial institution returns a check to Renton with the indication that the check cannot be honored or indicates insufficient funds for electronic payment of Rent. Renton and Lessee agree that such charges represent a fair � 4of32 � and reasonable estimate of the costs incurred by Renton by reason of late payments and uncollectibie checks, and the failure by the lessee to pay any such charges by no later than thirty (30) calendar days after Lessee's receipt of written demand for payment by Renton shall be a default under this Lease. Renton's acceptance of less than the full amount of any payment due from the Lessee shall not be deemed an accord and satisfaction, waiver, or compromise of such payment unless specifically agreed to in writing by Renton. 7. Taxes, Assessments & Utilities: The Lessee agrees to pay all taxes and assessments which are the result of Lessee's use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.010 (Lands subject to local assessments), as it exists or may be amended. Lessee shall pay all taxes, including but not limited to leasehold excise taxes, which may be levied or imposed upon the interest of Lessee or by reason of this Lease, unless exempt under RCW 82.29A.130 (Exemptions — Certain property), as it exists or may be amended, which copy of such exemption required to be attached to this Lease as an Exhibit, or if such amount is paid directly to the State of Washington. Within thirty (30) calendar days of Lessee' receipt of Renton's written request, Lessee shall provide to Renton evidence of Lessee's payment of the Washington Leasehold Excise Tax in which Lessee has paid directly to the State of Washington. Lessee is responsible for and agrees to pay for utilities that serve the Equipment Facility Area at the rate charged by the servicing utility company. 8. Permits: Prior to performing any construction work within the Property, Lessee shall secure all necessary federal, state and/or local licenses, proof of agency and permits for the construction and operation of the antenna and associated equipment (collectively referred to hereinafter as "Government Approvals") at its sole expense. Renton authorizes Lessee to make any and all applications and/or submissions necessary to obtain all Government Approvals from all applicable governmental and/or regulatory entities required for construction or operation of the Site Equipment within the Equipment Facility Area. To the extent authorized by law, Renton agrees to cooperate with Lessee, at no cost to Renton other than administrative costs, in the submission and/or processing of any such applications, and agrees to execute any related documents, applications, or other submissions that are required. To the extent authorized by law, Renton further agrees to take no unlawful action that will inhibit, impede or delay Lessee's ability to obtain said Governmental Approvals. 9. Non-Interference to Propertv: A. Lessee shall not use the Equipment Facility Area, Property, adjacent right-of-way, or access areas in any way that materially interferes with any use of the Property for city purposes. Similarly, other than existing use of the Property, Renton shall not use, nor shall Renton permit its tenants, employees, or agents to use any portion of the Property � 5 of 32 , in any way that materially interferes with the operations of Lessee authorized by this Lease. Such new interference sha�l be terminated immediately upon notice. Notwithstanding the foregoing, nothing in this Paragraph shall be construed to imply that Lessee is seeking or entitled to an exclusive lease, other than the permitted use as permitted under this Lease, with Renton that will interfere with the use of the Property �, by Renton, or its other lessees, tenants or equivalents. B. Renton agrees that it will require any other subsequent occupants outside of the historical uses of the Property to provide to Lessee and Renton the same assurances against interference and any subsequent occupants outside the historical uses of the Property, shall have the obligation to eliminate any unreasonable interference with the operations of Lessee caused by the subsequent occupants. 10. Radio Freauencv Interference Studv: A. Lessee, at Lessee's sole responsibility and expense, shall perform al� necessary tests or studies, including but not limited to radio frequency test(s) to determine the suitability of the Equipment Facility Area for its intended use. Lessee shall, in a timely manner, provide Renton with a complete and accurate copy of any and all such tests or ' studies. , B. lessee, at Lessee's sole responsibility, shall conduct an interference study. Pre- existing lessee(s) with communication uses currently located on the Property shall review the results of this study. If as a result of the interference study it is determined � that operation of Lessee's Site Equipment would significantly interfere with the operation and use of any other authorized communications facilities on the Property, operated by Renton, other pre-existing authorized communications facilities, or other pre-existing lessee(s), the Lessee or Renton may terminate the Lease upon thirty (30) calendar days' notice to the other party and neither party shall have any further obligations or responsibilities under the lease. C. If after Lessee initiates operation of its Site Equipment, Renton has reason to believe that Lessee's operation of its Site Equipment has caused or is causing any electrical, electromagnetic, radio frequency, or other interference with the operation and use of any other authorized communications facifities on the Property which exist prior to the Effective Date of this Lease, whether operated by Renton, Lessee, or another pre-existing lessee with rights prior in time to Lessee, Lessee shall promptly commence curative measures untit the interference has been corrected to the reasonable satisfaction of the owner of the facilities sustaining interFerence. If such interference has not been corrected within sixty(60) calendar days of Lessee's receipt of the initial notice from Renton, Lessee or Renton may terminate the Lease upon thirty (30) calendar days' notice to the other party and neither party shall have any further obligations or responsibilities under the Lease. D. Lessee shall not affix or mount any antennas, devices, equipment or related material, in any manner or in any location which would cause degradation in the operation or use of communications systems at the Property which serve Renton or � 6 of 32 other public users. This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of Renton's police, fire, or other emergency response agencies. If at any time the operation of Lessee's Site Equipment interferes with the reception or transmission of public safety communications, Lessee shall cease operation of the equipment causing interference until such time as the interference is corrected. Lessee's Site Equipment shall include an emergency override switch for use by Renton that would turn off the broadcasting system in case of a public safety emergency. 11. Access and Securitv for an Equipment Facilitv Area on Propertv: A. Lessee is hereby granted a limited and non-exclusive license to enter the Property for maintenance, operation and/or repair of the Equipment Facility at the locations indicated on the access plan, described in Exhibit C, or as further modified to provide an alternative access method to be approved by Renton, which approval may be withheld for any reason. B. Lessee shall make its best effort to maintain, repair, or reptace Lessee's ground ' equipment during Normal Business Hours (8:00 a.m. to 4:30 p.m.). Lessee shalt notify ' the Renton's representative or designee prior to accessing the Property. Facilities may be reached at (425) 430-6605 during Normal Business Hours. Access to Lessee's equipment on Property will require forty-eight (48) hours prior notice to Renton for the maintenance, repair or replacement of said equipment. Access to Property shall be limited to Normal Business Hours and work shall be done in a manner that will not interfere with Renton's primary use of the Property. Should Lessee determine, outside ' of Normal Business Hours, that emergency access is needed to either the ground equipment or to the equipment on the Property, Lessee shall notify the Renton by contacting the Renton Police Department at 911 who will refer the caller to the Renton Public Works' on-call staff. Lessee shall reimburse Public Works for costs incurred for the on-call time to respond to an after-hours access request. C. Renton shall, upon request of Lessee, provide a list of emergency telephone numbers known to Renton of the other lessees of the Property. D. In the event of a public safety emergency at the Property, Renton shall have the right to turn off the Lessee's equipment without prior notification. The Lessee shall ensure that any switches for turning off the Lessee's equipment are properly labeled, include an emergency contact phone number, and are readily accessible to Renton. Renton will endeavor to notify the Lessee as soon as possible of any emergency that requires Renton to turn off Lessee's equipment. E. In the event of any emergency in which any of Lessee's telecommunications facilities located in, above, or under any public way or City-owned property breaks, are damaged, or if Lessee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety af any individual, Lessee shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of - 7of32 individuals without first applying for and obtaining any permit as required by this Lease. However, this shall not relieve Lessee from the requirement of immediately notifying the City of Renton by telephone upon learning of the emergency and obtaining any permits necessary after the emergency work. Lessee shall apply for all required permits not later than the second succeeding day during which the Renton City Hall is open for business. F. In the event of a public emergency, such as, but not limited to, road failure, evacuation natural disasters h z r , , a a dous substance spills, and fatal acadents dunng public use at the Property, Lessee's access may, at Renton's reasonable discretion, be temporarily limited or restricted; provided, that any temporary limitation or restriction in Lessee's access shall be restored as soon as the circumstances shall allow, as determined by Renton. G. For the security of the Property, at Renton's discretion, Lessee may be responsible to provide separate security fencing and gate to the Equipment Facility Area. Lessee will provide Renton's designated Public Works staff with two (2) keys for emergency access to the Equipment Facility Area. Renton may at any time during the Term of this Lease determine that additional security measures are needed at the Property. Lessee shall reimburse Renton for Renton's costs in implementing revised security measures, to the extent that additional costs are incurred due to the presence of Lessee's equipment. Renton also retains the right to revise access procedures during the Term of this Lease. Lessee shall comply with revised access requirements so long as access is maintained according to provisions of the Lease. 12. Utilities&Services: A. Anytime, prior to the execution of the Lease and with twenty-four (24) hours written notice to Renton, Lessee or its surveyor or contractor may, at Lessee's sole expense, enter upon and survey the Equipment Facility Area and Renton's abutting and surrounding property to take measurements, make calculations, review any and all existing easements, property restrictions, if any, and note all other information relevant to Lessee's assessment of the suitability of the Equipment Facility area for its purposes. Said access shall be within Normal Business Hours. B. Renton shall not furnish Lessee with electrical service for the Equipment Facility Area. Lessee may install, at its sole cost and expense, an electrical meter and run such utility lines as may be reasonably necessary to provide electrical service to the Equipment Facility Area, in a location acceptable to Renton, as described in Exhibit C. The provision of such electrical lines and service shall not materially interfere with Renton's normal use of the Property. Renton will not encumber its property for the benefit of the Lessee to provide these services. C. Renton shall not be liable for any damages to any person or property, nor shall Lessee be relieved from any of its obligations under this lease, as a direct or indirect result of temporary interruption in the electrical power provided to the Equipment Facility Area where such interruption is caused by acts of nature or other acts beyond • 8 of 32 Renton's control. Under no circumstances shall Renton be liable for indirect or consequential damages resutting from such an interruption. D. Renton shall not be responsible for providing Lessee with any information relating to encumbrances on the Property, including, but not limited to setbacks, utilities or easements of any nature. E. Lessee may, if feasible and at its sole expense, install a backup generator in a location acceptable to Renton, in order to provide electrical service to Lessee's Equipment Facility Area during emergency situations where electrical power is not otherwise available. Any back-up generator must be so designed and operated as to not exceed local noise level standards of the applicable City of Renton ordinance or other applicable laws. Back-up generator and associated infrastructure, shall be identified in Lessee's plans and included as part of the initial design review. 13. Compliance with Laws: A. Lessee shall, at all times and at its sole responsibility and expense, comply with all applicable statutes and ordinances, orders, guidelines, policies, directives, rules and regulations of municipal, county, state and federal governmental authorities or regulatory agencies ("Laws") relating to the construction, operation and/or maintenance of the Equipment Facility Area and adjacent Antenna, including FCC regulations for compliance with limits on human exposure to radio frequency (RF) emissions. Lessee shall defend, indemnify and hold harmless Renton and its employees and agents against any claims arising from any violations by lessee, its agents or employees, of any such Laws. The indemnity provision of this paragraph shall survive the termination or expiration of this Lease. B. Lessee shall not use the Equipment Facility Area for any illegal purposes or violate any applicable Laws, nor create or allow any nuisance or hazardous materials, nor trespass or do any act on the Property that would increase the insurance rates, nor deface, damage or overload the Property's structural components. 14. Advertisin� Devices, Si�ns & Li�htin�: A. Lessee shall not place any advertising devices on or about the Property. B. Lessee shall post and maintain on the Equipment Facility Area appurtenant thereto a sign no larger than eighteen inches (18") square giving an emergency telephone number. No other signs are permitted on or about the Property except as required by Law. Excluded from this restriction are signs required by the FCC. At no time shall Lessee post any sign on Renton's Property without Renton's prior written permission. 15. Installation, Maintenance, and Stewardship: A. At the time of instatlation of Lessee's equipment, Lessee shall paint the equipment to match the color of the existing surface. When new equipment is added or � 9 of 32 existing equipment is replaced, it shall be painted to match. B. The Lessee will not interfere with Renton's use of the Property, nor will Lessee or the Lessee's equipment create an electrical current or field that will damage Renton's Property or communications equipment or capability. C. Lessee will not weld to the Property without Renton's prior written consent. D. When Renton determines that the Lessee's facilities is in need of repainting, the Lessee shall be responsible for all costs associated with preparing and painting all communication facilities (conduit, mounting points, antennas, etc.), preparing and painting the Property surfaces under communication facilities, and preparing and painting the surfaces from the point of the lowest mounted equipment to the top of the of where the equipment is mounted. The Lessee shall pay for costs incurred by Renton including but not limited to engineering, and contract preparation and administration. E. Prior to any operation in which earth, rock, or other material on or below the ground is moved or otherwise disptaced to a vertical depth of twelve inches (12") or greater, Lessee must call an underground utility locating service to ascertain the existence of underground utilities. F. Lessee must compty with all provision of RCW 19.122 (Underground utilities). G. Lessee shall, at its own expense and at all times, keep the Equipment Facility Area neat and clean and in a sanitary condition and keep and use the Equipment Facility Area in accordance with all applicable Laws. Lessee shall permit no waste, damage or injury to the Equipment Facility Area. Lessee shall make such repairs as are necessary to maintain the Equipment Facility Area in as good a condition as exists on the date construction of the Equipment Facility Area is completed, subject to reasonable wear and tear. H. Renton shall have no obligation to maintain or safeguard the Equipment Facility Area, except that Renton shall not intentionally permit access to the Equipment Facility Area to any third-party without the prior approval of the Lessee, except as otherwise provided in this Lease. I. If applicable, Lessee shall maintain the surrounding Equipment Facility Area landscape installed by Lessee pursuant to its permits for construction of the Equipment Facility Area, in a manner and frequency consistent with the balance of the Property. Such tasks and frequencies shall be determined by the Utility, following final design and landscape plan approval as required by any such permits. 16. Hazardous Substances: A. Renton represents that it has no actual knowledge of any substance, chemical, or waste (coltectively, "Hazardous Substance")on the Property that is identified as hazardous, toxic, or dangerous in any federal, state, or local environmental or safety law or regulation. Lessee shall not introduce or use any such substance on the Equipment Facility Area in violation of any applicable law or regulation, nor shall Lessee allow any of its agents, 10 of 32 contractors or any other person under its control to do the same. B. Lessee will be solely responsible for and will defend, indemnify, and hold Renton, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the Property associated with Lessee's use, storage, or disposal of Hazardous Substances or the use, storage, or disposal of such substances by Lessee's agents, contractors, or other persons acting under Lessee's control. 17. Repairs by Renton; Inspection; Increased Maintenance Costs: A. Renton shall have no duty to Lessee to make any repairs or improvements to the Equipment Facility Area except those repairs necessary for the safety of the Lessee. Renton or its representatives shall be provided access to the Equipment Facility Area upon no less than twenty-four(24) hours' notice to Lessee. B. In the event that the presence of Lessee's Site Equipment on the Property or within the Equipment Facility Area results in increased maintenance or repair costs to Renton, Lessee shall, within thirty (30) calendar days of written notification by Renton, which shall inc�ude documentation evidencing such increase as the result of Lessee's use, pay Renton for the incremental maintenance or repair costs incurred by Renton. 18. Lessee's Sub-leasin�&Assi�nment: A. lessee may not sub-lease or co-locate any other broadcast equipment within the Equipment Facility Area, without Renton's prior express written consent. B. Assignment—Neither this Lease, nor any rights created by it, may be assigned, or transferred without Renton's prior written permission. Any such assignment shall be in writing on a form approved by Renton and shall include an assumption of this Lease by the assignee. C. Notwithstanding the foregoing, Lessee may assign its interest in this Lease, without Renton's consent, to any entity which controls, is controlled by, or is under common control with Lessee, or to any entity resulting from any merger or consolidation with Lessee, or to any partner or member of Lessee, or to any partnership in which Lessee is a general partner, or to any person or entity which acquires fifty one percent (51%) or more the ownership of Lessee or fifty-one percent (51%) or more of the assets of Lessee in the Seattle-Tacoma-Everett Area, or to any entity which obtains a security interest in a substantial portion of Lessee's assets; provided, that the assignment includes an assumption of all obligations of Lessee under this Lease by the assignee; and provided further, that Lessee shall provide Renton with a copy of said written assignment and a copy of the Certificate of Insurance in the form required by Section 25, within thirty(30) calendar days prior to the effective date of the assignment. Any such assignment as permitted or consented to By Renton under this Section 18 shall not serve to release Lessee from it obligations under this Lease, which shall remain in full force and effect for the duration of the Term. - 11 of 32 D. Renton's consent to one assignment shall not waive the requirement of obtaining Renton's consent to any subsequent assignment. 19. Renton's Sub-leasin�&Assi�nment: ��� , A. Should Renton sell, lease, transfer, or otherwise convey all or any part of the I Property that is the subject of this Lease to any transferee other than Lessee, such transfer shall be subject to this Lease. B. Subject to Section 9 of this Lease, Renton retains the right, in its sole discretion, to sublease or enter into any type of agreement for any portion of the Property for any reason, including but not limited to, co-locating wireless facilities, if it will not unreasonably interfere with the Lessee's use of the Equipment Facility Area. C. Subject to Section 9 of this Lease, Renton retains the right to enter into other leases with other lessee's to co-locate within the Property, if it will not unreasonably interfere with Lessee's use of the Equipment Facility Area. D. Renton may transfer and assign its rights and obligations under this Lease and no further liability or obligation shall accrue against Renton, provided that the assignee or transferee assumes, in writing, all of Renton's obligations under this Lease, which shall remain in full force and effect. 20. Renton's Reservation of Ri�ht to Maintain &Grant Utilitv Franchises& Permits: A. Subject to Section 9 of this Lease, Renton reserves the right for utility franchise, licensee and permit holders to enter upon the Property to maintain facilities and, for itself, to grant utility franchises, licenses and/or permits across the Property; provided, that such franchises, licenses, or permits do not materially interfere with Lessee's authorized use of the Equipment Facility Area. Such installation will be accomplished in such a manner as to minimize any disruption to Lessee. The franchise, license or permit holder will be required to restore paving, grading and improvements damaged by the installation. B. Lessee will not disturb markers installed by a franchise, license, or permit holder and will contact the franchise, license, or permit holder prior to any excavation in order that the franchise, license, permit holder may locate the utility. It is Lessee's responsibility to protect legally installed underground utilities from damage caused by itself, its contractors, agents and invitees. C. Lessee must comply with RCW 19.122.030 (Notice of excavation to owners of underground facilities -- One-number locator service -- Time for notice -- Marking of underground facilities—Costs) and must subscribe to the one-call locator service for the area in which the Property resides. Failure to comply constitutes material breach of this lease. 21. Improvements, Fixtures and Personal Proqerty: A. Prior to installing any new equipment or other improvements in or on the - 12 of 32 Property after the Acceptance Date other than merely maintaining the Site Equipment configuration existing on the Acceptance Date, and prior to making any material changes in such equipment or in the exterior appearance, size or design of any such equipment or the improvements of the Property thereafter during the Term of this Lease, including any Renewal Period, Lessee shatf submit to Renton for approval such information regarding the proposed work as Renton may request, including, without limitation, plans and specifications of the planned modifications and Lessee's critical path time schedule, for Renton's written approval, which shall not be unreasonably withheld or delayed. Prior to commencing construction activities on the Premises, Lessee shall secure approval of a work schedule by Renton. During any construction activities by Lessee at the Property, representatives of the Lessee shall have the right to inspect any and alt improvements and to require reasonable revisions to ensure that the respective uses of the Property and Premises are compatible. B. Renton may from time-to-time go upon the Property to inspect any work done by Lessee to insure compliance with the approved plans and specifications, to require reasonable revisions to ensure that the respective uses of the Property are compatible or otherwise. Further, this right shall not impose any obligation upon Renton to make inspections to ascertain the safety of Lessee's improvements or the condition of the Equipment Facility Area. 22. Destruction of or Dama�e to Propertv, EQuipment Facilitv Area or anv Site Structures: A. If the Property, Equipment Facility Area, or any structure on the Property is destroyed or damaged by fire or casualty so as to render the Property and/or Equipment Facility Area wholly unfit for use by the Lessee, and if in the reasonable judgment of Renton the damage cannot be repaired within ninety (90) calendar days following the date of such damage, either party may terminate this Lease upon written notice to the other party, and this Lease shall terminate on the date of such notice and Lessee shall surrender the Equipment Facility Area to Renton within ninety(90) calendar days. Within fifteen (15) calendar days after such damage, Renton shall notify lessee as to whether Renton expects to complete such repair within ninety (90) calendar days. If the Equipment Facility Area is damaged by fire or casualty, but not rendered wholly unfit for use, Lessee may elect promptly to repair such damage. Renton shall not be liable to Lessee for any indirect or consequential damages including but not limited to inconvenience, annoyance, or loss of profits, nor for any expenses, or any other damage resulting from the repair of such damage, or from any repair, modification, arranging, or rearranging of any portion of the Property or Equipment Facility Area for the termination of this Lease as provided herein, unless the damage was caused by the , gross negligence of Renton or its agents or employees. B. In the event the Property and/or Equipment Facility Area will be rebuilt and/or � repaired as outlined above, Renton shall consider other temporary locations on the Property at Renton's sole discretion. If both Renton and Lessee approve an area, Lessee may construct, operate and maintain, at its sole expense, a substitute wireless , - 13 of 32 I communication facility on the Property until the Site Equipment is fully restored and operational. During the use of the temporary location, Rent shall continue and be payable to Renton. 23. Condemnation: If all or any portion of the Property or the Equipment Facility Area shall be taken or condemned for any public purpose such that the Lessee cannot use its Site Equipment on the Equipment Facility Area, either party may terminate this Lease. All proceeds from any taking or condemnation of the Site or Equipment Facility Area shall belong and be paid to Renton. Lessee shall have all rights to its Site Equipment and personal property, which shall not be included in any taking or condemnation. ' 24. Fixtures: Renton agrees that, notwithstanding any provision of statutory or common law, the Site Equipment and any other Lessee improvements to the Equipment Facility Area, including but not limited to personal property, shall not become affixed to or a part of the Property or any structure on the Property, but shall remain the exclusive property of the Lessee. Renton and its employees and agents, shall not be liable in any manner for, � or on account of, any loss or damage sustained to any property of whatsoever kind stored, kept or maintained in or about the Property, except such claims or losses that may be caused by Renton or it agents or employees. Lessee agrees to save Renton and its employees and agents harmless on account of any claims or liens imposed upon the Equipment Facility Area in connection with alterations or improvements thereto, conducted by Lessee or on behalf of Lessee. 25. Insurance: A. At Lessee's sole cost and expense, Lessee shall maintain throughout the term of this Lease, insurance as set forth in Exhibit F, attached and fully incorporated in this Agreement by reference. B. Renton may require increases in said coverages by written notice to Lessee, not more often than once per Term as Renton deems reasonably necessary. 26. Hold Harmless: Renton and its elected officials, officials, employees, agents and volunteers shall not be liable for injury or damage to any persons or property, the Equipment Facility Area, or for any injury or damage to persons or property resulting from the installation, operation or maintenance of the Lessee's equipment on the Property. The Lessee shall protect, defend, indemnify and save harmless Renton, its elected officials, officers, employees, agents and volunteers from any and all costs, claims, demands, causes of action, judgments, liabi�ities, obligations, costs and expenses (including reasonable attorneys' fees) for deaths or injuries to persons or for loss of damage to property, negligent acts or omissions of Lessee arising out of, or in any way connected with, the - 14of32 use and occupancy of the Property by Lessee, its officers, employees, agents, volunteers and independent contractors, and invitees, and assigns. This indemnity shall further apply to test or other actions of Lessee at the Property during the Term of this Lease. Finally, all obligations of Lessee, under this indemnity shall survive and remain enforceable after the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Lessee's indemnity to Renton and its employees and agents shall not include instances where any injury or damage to persons or property and/or any and all � claims, demands, causes of action,judgments, liabilities, obligations, costs and expenses (including reasonable attorneys' fees) for deaths or injuries to persons or for the loss or damage to property, are the result of the negligence or willful misconduct of Renton or its employees, agents, independent contractors, invitees, assigns and subtenants. 27. Bonds: A. Lessee shall furnish a surety bond and/or performance bonds, attached to this lease as Exhibit G, covering faithful performance of this Lease and payment of all obligations arising there under, including but not limited to proper construction, long- term facility maintenance, Rent, timely removal of equipment and restoration.The bond shall be in the amount of Thirtv Thousand Dollars (530,000.001, and be in-force during the entire Term or subsequent extensions. The bond shall be in a form acceptab�e to Renton. The performance bond for this lease shall not only indemnify Renton for the usual performance provisions of this lease, but in addition shall be a bond to guarantee payment of any and all tax liability of any type, kind, nature or description due as a result of this Lease. The bond shall also guarantee the removal of Lessee's Site Equipment and return of the Equipment Facility Area to its condition prior to installation of Lessee's Site Equipment should Lessee fail to remove said equipment upon termination of the lease. Said performance bond shall be issued to Renton prior to the issuance of any permits for the construction of Lessee's facilities on the Equipment Facility Area and shall include a 90-calendar day cancellation clause. If Renton so uses or applies any portion of the performance bond, Lessee shall, upon notice, restore the performance bond to the full amount above specified, and lessee's failure to do so shall constitute a material breach of this lease. B. If Lessee has entered into a separate lease with Renton for other Renton property, Renton will consider permitting Lessee to expand Lessee's existing performance bond to include all obligations for a perFormance bond under this Lease, provided however, all requirements for the performance bond outlined in this Lease are met. 28. Nondiscrimination: Lessee, for itself, its successors, and assigns as a part of the consideration, does covenant and agree to comply with all civil rights and anti-discrimination requirements of federal, state or local laws applicable to the Property, including, without timitation, RCW 49.60(Discrimination—Human rights commission). - 15 of 32 29. Default and Ri�ht to Cure: (a) The following will be deemed a default by lessee and a breach of this Lease: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after payment is due; or(ii) Lessee's failure to perform any other term or condition under this Lease within ten (10) calendar days after written notice from Renton specifying the failure. No such failure, however, will be deemed to exist if Lessee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of lessee. If Lessee remains in default beyond , any applicable cure period, Renton will have the right to exercise any and all rights and remedies available to it under law and equity. Additionally, Lessee shall be solely liable for any damages to third-parties harmed by Lessee's failure to comply with the terms of this Lease, failure to remedy, and/or failure to cure. (b) The following will be deemed a default by Renton and a breach of this Lease: (i) Renton's failure to provide Access to the Equipment Facility Area as required by this Lease within twenty-four (24) hours after written notice of such failure; (ii) Renton's failure to cure an interference problem as required by this Lease within twenty-four(24) hours after written notice of such failure; or (iii) Renton's failure to perform any term, condition or breach of any warranty or covenant under this Lease within forty-five (45) calendar days after written notice from Lessee specifying the failure. No such failure, however, will be deemed to exist if Renton has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Renton. A cure shall include, but not be limited to, asking another tenant to remedy an interference problem. If Renton remains in default beyond any applicable cure period, Lessee will have: (i) the right to cure Renton's default and to deduct the costs of such cure from any monies due to Renton from Lessee, and (ii) any and all other rights available to it under law and equity. (c) If Lessee defaults in the performance or observation of any covenant or agreement contained in this Lease, Renton, without notice if deemed by Renton that an emergency exists, or if no emergency, with thirty (30) calendar days' notice, may direct Lessee to stop work and may itself perform or cause to be performed such covenant or agreement and may enter upon the Property for such purpose. Such an emergency shall include, but not be limited to, endangerment of life, the Property, or failure of Lessee to obtain in a timely manner any insurance. lessee shall reimburse Renton the entire cost and expense of such performance by Renton within thirty(30) calendar days of the date of Renton's invoice. Any act or thing done by Renton under the provisions of this paragraph shall not be construed as a waiver of any agreement or condition or performance required under this lease. • 16 of 32 30. Restoration of Site bv Lessee and Remova�of Eauiqment: Upon the expiration or prior termination of this Lease, Lessee shalt restore the Equipment Facility Area to equal to or better than its condition prior to Lessee's occupancy, including removal of Lessee's personal property/equipment, excluding reasonable wear and tear and insured casualty. This work is to be done at Lessee's sole expense and to Renton's reasonable satisfaction. 31. Vacation of Leased Premises: Upon termination of this Lease, Lessee shall cease its operations on and/or use of the Equipment Facility Area. In the event Lessee fails to vacate the Equipment Facility Area from the Property within sixty (60) calendar days of the date of termination, it shall be liable for any and all costs to Renton arising from such failure. 32. Equipment Desi�n: A. The Site Equipment, described in Exhibit D, used within the Property shall be designed, sited and screened using the latest avai►able technology. B. Renton retains the right to review and approve the design and type of materials used to construct the structure within the Equipment Facility Area to ensure it meets Renton's needs within the Property. lessee shall provide an as-built drawing of the Equipment Facility Area and Site Equipment to Renton within fourteen (14) calendar days of completing the installation. C. Upon request by Renton, Lessee shall install all underground conduits, including but not limited to power and telephone. Lessee shall be responsible for coordination with other lessee's on the Property to accommodate underground installation. 33. Equipment Modification: If at any time during the Term of this Lease, either party believes that technology has changed such that modifications to or replacement of the Site Equipment would result in better communications facilities for Lessee, less interference with other communications facilities on the Property, or less physically or aesthetically obtrusive equipment, the Parties shall make every reasonable effort to cooperate to effectuate such modifications or replacement. 34. Utilitv Review of Plans&Approval of Contractors: Lessee acknowledges the following: A. The execution of this Lease by Renton shall in no way constitute review and/or approval by other applicable jurisdictions and permitting authorities. B. Renton retains authority for further review, modification, and approval of the Site Equipment throughout Renton's Permit process. C. This Lease shall be executed after any Right-of-Way, and/or Franchise � 17 of 32 I Agreement but prior to application for any other city permits for wireless communications facilities placement. D. A fully executed Lease between Renton and Lessee, and any required permits are required prior to construction or installation of the Site Equipment on the Property. E. Lessee shall submit plans and specifications of the planned instatlation for Renton's evatuation and approval. i F. Lessee expressly acknowledges and agrees that Renton's rights under this Lease �i to review, comment on, disapprove and/or accept designs, plans, specifications, work plans, construction, equipment, and/or installation, (i) exist solely for the benefit and protection of Renton and its employees and agents, (ii) do not create or impose upon Renton, and its employees and agents any standard or duty of care toward Lessee, all of which are disclaimed, (iii) may not be relied upon by Lessee in determining whether Lessee has satisfied any and all applicable standards and requirements, and (iv) may not be asserted, nor may the exercise or failure to exercise any such rights by Renton and its employees and agents, be asserted, against Renton and its elected officials, officers, employees, agents, and volunteers by Lessee as a defense, legal or equitable,to Lessee's obligation to fulfill such standards and requirements, notwithstanding any acceptance of work by Renton and its employees and agents. 35. Modifications: This instrument contains all the agreements and conditions made between the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by the Parties. No failure on the part of either party to enforce any covenant or provision herein contained, nor any waiver of any right under this Lease, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of either party to enforce the same in the event of any subsequent breach or default. 36. Broker's Fee Bourne solelv bv Lessee: If Lessee is represented by a real estate broker or other agency in this transaction, Lessee shall be fully responsible for any fee due such broker, and shall hold Renton and its employees and agents, harmless from any claims for a commission. 37. Cooqeration in Execution of Subseauent Documents Renton and Lessee agree to cooperate in executing any documents (not including a Memorandum of Lease) necessary to protect the rights granted by this Lease to Renton and Lessee. 38. Termination: A. Waiver or acceptance by Renton of any default by Lessee of the terms of this Lease shall not operate as a release of Lessee's responsibility for any prior or subsequent default. - 18 of 32 B. Renton shall have the right to terminate this Lease immediately, upon written notice, if a receiver is appointed to take possession of lessee's assets, lessee makes a general assignment for the benefit of creditors, or Lessee becomes insolvent or takes action under the Bankruptcy Act. C. Renton shall have the right to terminate this Lease, upon thirty (30) calendar days written notice to Lessee, without penalty or further liability to City, upon the occurrence of any of the following events: i. Renton reasonably determines that Lessee's exercise of its rights under this Lease unreasonably interfere with Renton's use of the Property and/or the structures on the Property for the lawful municipal purposes for which Renton owns and administers such structures/site. ii. Renton reasonably determines that Lessee's exercise of its rights under this Lease unreasonably interferes with the use of the Property by a governmental agency with which Renton has an agreement to provide services to Renton, e.g.Valley Communications (911). iii. Lessee breaches any material term or covenant of this Lease. iv. The Property is destroyed or damaged so as to substantially and adversely affect the effective use by lessee for Lessee's equipment, subject to the Lessee's determination (within 10 calendar days) of whether the equipment can be restored or rebuilt. lessee shall have the option of installing a temporary facility while the above determination is made. Such facility shall be subject to prior review by Renton and shall conform to all codes, facility review, and Laws imposed by any regulatory agency with jurisdiction in the matter. Payment of the monthly rent shall continue throughout the evaluation and temporary installation period. D. Lessee may terminate this Lease without penalty of further liability as follows: i. The approval or consent of any governmental authority necessary for the construction and/or operation of the Site Equipment is withheld, revoked or terminated, or Lessee determines, in its sole discretion, that the cost of obtaining or retaining such approval is cost prohibitive; or ii. Lessee at any time determines in its sole discretion that it desires to discontinue use of the Equipment Facility Area for any reason; or iii. Renton breaches any material term or provision of this Lease. E. Upon termination under this section, neither party will owe any further obligation to the other party provided that Lessee is not in arrears in making its Monthly Rent payments; provided however that Lessee shall remove its Site Equipment and restore the site, and provided that, if Lessee terminates this Lease pursuant to Paragraph 38.D.ii., Lessee shall pay Renton a sum equa� to six (6) months' Rent as Renton's sole remedy for such termination; and provided if Renton terminates this � 19 of 32 Lease pursuant to Paragraph 38.C.i or ii., Renton shall, at Lessee's option, attempt to find alternative sites on other city property in order to allow Lessee to continue to provide service within Renton. 39. Non-applicabilitv of Relocation Benefits: Lessee acknowledges that the signing of this Lease does not entitle the Lessee to assistance under RCW 8.26 (Relocation Assistance—Real Property Acquisition Policy). 40. Removal of Site Equiqment upon Termination of Lease: Upon the expiration of the Term of this Lease or upon the termination of this Lease pursuant to Section 38, Lessee shall remove all the Site Equipment from the Equipment Facility Area unless otherwise agreed by the Parties; provided that, at Renton's sole option, such Site Equipment shall become the property of Renton. 41. Titles: The titles to sections and paragraphs of this Lease are for convenience only, and shall have no effect on the construction or interpretation of any section or paragraph. 42. Notices: Except as otherwise designated in this Lease, all notices must be in writing and shall be deemed valid given if sent by certified mail, return-receipt requested, or overni ht g delivery, to be effective when properly sent, addressed as follows or as otherwise specified by during the duration of this Lease: Lessor: City of Renton Community Services Facitities Division 1055 South Grady Way—6th Floor Renton, Washington 98057 Attn: Peter Renner, Facilities Director Lessee: New Cingular Wireless PCS, LLC 575 Morosgo Dr. NE 13-F, West Tower Atlanta, GA 30324 Attn: Network Real Estate Administration With a copy to: New Cingular Wireless PCS, LLC . Attn: AT&T Legal Department 208 S. Akard St. Dallas,TX 75202-4206 43. Complete A�reement: This Lease and any attached exhibits constitute the entire agreement between Renton - 20 of 32 and Lessee; no prior written or prior, contemporaneous or subsequent oral promises or representations shall be binding except that any subsequently adopted city policies and procedures for telecommunications/communications lease agreements and final permits shall be binding on the Parties. 44. Amendments Except as otherwise provided, this Lease shall not be amended or changed except by written instrument signed by both Parties. 45. Executed in Counterparts: This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 46. Governed bv Laws of State of Washin�ton: Invaliditv of Provisions: This Lease shall be governed by the laws of the State of Washington. If any term or provision of this Lease, or app►ication thereof shall to any extent be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, but shall be I valid and enforced to the fullest extent permitted by law. 47. Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce or interpret this Lease or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, Washington. 48. Bindin�on Successors: This Lease shatl be binding upon and inure to the benefits of the Parties' heirs, executors, administrators, successors and assigns, subject to the conditions set forth in Section 18 herein. 49. Failure to Insist upon Strict Performance: The failure of either party to insist upon strict performance of any of the terms or conditions of this Lease shalt not constitute a waiver. 50. Memorandum of Lease A�reement: Renton and Lessee shall enter into a short form memorandum of this Lease, in a form suitable for recording under the laws of the State of Washington, referencing this Lease, and all options, which Lessee may, at its expense,file in King County, Washington. // // I // � 21 of 32 IN WITNESS WHEREOF,the Parties have entered into this Agreement effective as of the date last written above. CITY OF RENTON Attest: Name: Denis Law Bonnie I. Walton, City Clerk Title: Mayor Date: Approved as to form: lawrence J.Warren City Attorney - 22 of 32 LESSEE New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Name: Title: Date: STATE OF ) COUNTY OF ) On this day of , 20 , personally appeared before me , a Notary Public in and for the State and County aforesaid, personally appeared , with whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged self to be the of , and that he as such , executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by self as NOTARY PUBLIC, residing in My Commission Expires: NOTARY PUBLIC, residing in My Commission Expires: 23 of 32 Exhibits • Exhibit A—Property , • Exhibit B—Equipment Facility Area • Exhibit C—Non-Exclusive Access Rights Description • Exhibit D—Site Equipment • Exhibit E— Leasehold Excise Tax Exemption if Applicable • Exhibit F—Insurance • Exhibit G- Performance Bond � 24 of 32 Exhibit A Property That portion of the Southeast '�a of Sec. 20, Twp. 23 N., R.5 E., W.M. described as follows: Beginning at the northeast corner of said subdivision: thence S O1° 50' 36" W., along the easterly limits of said subdivision, a distance of 646.62 feet to the true point of beginning; thence N 88° 09'22" W., a distance of 30.00 feet; thence S 46° 50'38" W., a distance of 766. 92 feet along the northwesterly margin of the First Christian Church property as recorded under Kinq County Auditor's File No. 5615593; thence N 43°09'22" W., a distance of 561.35 feet to a point on the southeasterly margin of Puget Drive as recorded under King County Auditor's File No. 5801096; thence N 40°00'05" E. along said southeasterly margin, a distance of 522.57 feet to a point of curve; thence continuing along said southeasterly margin on a curve to the right having a radius of 416.87 feet, an arc distance of 690.27 feet; thence continuing along said margin S. 45°07'35" E. a distance of 46.6"7 feet to a point on the easterly limits of said subdivision; thence S O1°50'38"W., a distance of 280.88 feet along said easterly limits to the true point of beginning. Containing 12. 97 acres more or less. 25 of 32 Exhibit B Equipment Facility Area _._.. _- -- _ - - - -- -- - - -- � I � , � Rdling Hilh Water Tank I � ; � � � � , � � i i ' r-�r--,,�- �I � � .�:"4��ip�T,'�,'`'� 'si..:h, 6 / ���rYf3id��'(.gY"��',�� � .�.`a^: �a' v�.t���R�Ry y���� � �5, /' }A;`•,,'��`� .y� 'r 4�.�.7 Y '���r i� 3:,-• `�„<,0� ::'. R"-�'�wf��".+:N � �4" �� R''`�"�� +y.�� �'.`9:- I Fy»'' `S � .�, •I�ZT-� ,r�9.�:._^•ir-''.,!..� I � ' �'s'��,��s,. • � �� yHh_.a..;d *, �+,f"o� .�`..iT�:{+, � ' ar� 'a � �::����+^��} ;�"` w� °r, ,m:� i .✓.i.;q�2 µ�S;F',;.�j.+h4-..i.r',;!.?.� � �� 4;�. ' 6. -.,. ,-;� I `\ �Y_i�Y•y�`'2�..N•y'^�.-'tt�:�"Yt�� -_ / '.'4y:' �f'�:��;.�.'�`? �?! '' ��, \` , � Y I �` ' :'�� ' � � ��f1:-�_'.'_ �_{i' � � '\ `\ / ���.3 i . I \` / I �`� ! Vower and Telm i ` 1 route to tower �� � � ! New AT&t 20'X 35' � �� � � Grovel Lease Area ' . I `, �.���� ,I � Aaess Wte to Water Tank I � Existi�g Acceu Road compound I i Equipment Compound Access /--� ' N � �� �\ Not b Snk 26 of 32 Exhibit C Non-Exclusive Access Rights Description In general: The access to the AT & T equipment pad will not require access into our reservoir compound fence but will require access through a gate which blocks the driveway to the equipment pad. We will provide AT& T with a key which they can place in a (ock box somewhere near the gate. However, if a technician does not have a key, he can still access the eyuipment pad by parking at the gate and walking around the gate. In an emergency your equipment pad wil( be accessible even without a key. To access the antennas, we need to be notified by AT &T in order to provide access to the reservoir ladder. We wi(1 not provide a key to AT & T to access the reservoir ladder. Please note that there is no work allowed on the reservoir during non business hours, unless there is an emergency. In an emergency AT& T will have to call 911 and ask that the City of Renton Water Utility, on call personnel respond to the emergency in order to provide access to the reservoir ladder. Thanks, , Thomas Mal hrus, P. E. P City of Renton 1055 S Grady Way Renton, WA 98057 425-430-7313 27 of 32 Exhibit D Site Equipment To the agreement dated ,2014_, by and between the City of Renton, a municipal corporation, as Lessor and New Cingular Wireless, PCS LLC, a Delaware limited ' liability company, as Lessee. 1.)Lessee to install a 11.5' X 26' prefabricated equipment shelter; tocation shown on final construction drawings. 2.)Four antenna mounts Iocated at 110' 6" level of Water tank; at rail. 3.)Lessee will mount 12 panel antennas. 4.)Lessee to install 24 RRU units 5.)Lessee to install 4 Surge Protectors 6.)Lessee to install associated ground equipment within prefabricated equipment shelter. 28 of 32 Exhibit E Leasehold Excise Tax Exemption if Applicable Per Section 7: 7. Taxes, Assessments & Utilities: The Lessee agrees to pay all taxes and assessments which are the result of lessee's use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.010 (Lands subject to local assessments), as it exists or may be amended. Lessee shall pay all taxes, inctuding but not limited to leasehold excise taxes, which may be levied or imposed upon the interest of Lessee or by reason of this Lease, unless exempt under RCW 82.29A.130 (Exemptions — Certain property), as it exists or may be amended, which copy of such exemption required to be attached to this Lease as an Exhibit, or if such amount is paid directly to the State of Washington. Within thirty (30) calendar days of Lessee' receipt of Renton's written request, Lessee shall provide to Renton evidence of Lessee's payment of the Washington Leasehold Excise Tax in which Lessee has paid directly to the State of Washington. lessee is responsible for and agrees to pay for utilities that serve the Equipment Facility Area at the rate charged by the servicing utility company. 29 of 32 Exhibit F Insurance Insurance. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the Lessee's operation and use of the leased Property. A. Minimum Scope of Insurance. lessee shall obtain insurance of the types described below: i. Commercial General Liabilitv insurance shall cover premises and contractual liability. Renton shall be named as an additional insured on Lessee's Commercial General Liability insurance policy. Lessor's additional insured status shall: 1. be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Lessee, its employees, agents or independent contractors; 2. not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Lessor, its employees, agents or independent contractors or where such coverage_ is prohibited by law or to claims arising out of the gross negligence of Lessor, its employees, agents or independent contractors; and 3. not exceed Lessee's indemnification obligation under this Agreement, if any. ii. Propertv insurance shall be written on an all risk basis. Lessee may self insure this coverage. B. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ii. Propertv insurance shall be written covering the full value of Lessee's ro ert and im rovements. P P Y P C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: i. The Lessee's insurance coverage shall be primary insurance as respect Renton. Any Insurance, self-insurance, or insurance pool coverage maintained by Renton shall be excess of the Lessee's insurance and shall not contribute with it. 30 of 32 ii. The Lessee's insurance shall be endorsed to state that the coverage shall not be cancelled or non renewed and not replaced, except after thirty (30) day prior written notice by certified mail, has been given to Renton. iii. Notwithstanding the forgoing, Lessee may, in its sole discretion, self- insure any of the required insurance under the same terms as required by this Agreement. In the event Lessee elects to self-insure its obligation under this Agreement to include Lessor as an additional insured, and if Lessee assumes the sole responsibility to defend any claim, the following conditions apply: 1. Lessor shall promptly and no later than thirty (30) calendar days after notice, provide Lessee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Lessee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; 2. (ii) Lessor shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Lessee, unless Lessor is required to do so by law or public policy in the State of Washington; and 3. (iii) Lessor shall fully cooperate with Lessee in the defense of the claim, demand, lawsuit, or the like, unless Lessor is prohibited from doing so by law or public policy in the State of Washington. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A minus:Vll. F. Verification of Coverage. Lessee shall furnish City with original certificates evidencing the insurance requirements of the Lessee. Lessee shall provide the City with a complete copy of its applicable insurance policies, upon request. G. Waiver of Subrogation. Lessee and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This re�ease shall apply only to the extent that such claim, loss or liability is covered by insurance or self insurance. Landlord's Property Insurance. Landlord shall purchase and maintain during the term of the lease property insurance covering the Building for its full replacement value. 31 of 32 Exhibit G Performance Bond , Bond has been ordered and will be included upon execution. 32 of 32 � ' CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING AN APPLICATION FOR A U.S. DEPARTMENT OF HOUSING . AND URBAN DEVELOPMENT CHOICE NEIGHBORHOODS INITIATIVE IMPLEMENTATION GRANT FOR THE SUNSET AREA TRANSFORMATIQN PLAN. WHEREAS, the Sunset Area (as reflected in the attached Sunset Area Vicinity Map) is one of Renton's older commercial and residential areas and is in need of revitalization; and WHEREAS, since the late 1990s, the City has viewed the Sunset Area (a.k.a. the Highlands) as a high-priority redevelopment area targeted for improvement and investment; and WHEREAS, in June 2009,the City commissioned a Community Investment Strategy study to prioritize additional public investment in the 269-acre Sunset Area study area which resulted in the City Council's adoption of the Sunset Area Community Investment Strategy in November 2009; and WHEREAS, the highest priorities for the Sunset Area Community Investment Strategy included support for the Renton Housing Authority's Sunset Terrace Redevelopment; and WHEREAS, in June 2010, the City and the Renton Housing Authority partnered together to conduct a Sunset Area Community Planned Action NEPA/SEPA Environmental Impact study. The study was completed in April 2011 and resulted in the City Council's adoption of the Sunset Area Community Planned Action in June 2011, to help facilitate and support private and public investment and redevelopment in the Sunset Area over the next 20 years; and WHEREAS, in 2012, 27% of the househofds in the Sunset Area lived in poverty; the median average household income was $39,318 [more than $16,000 less than the city as a 1 RESOLUTION N0. � whole ($55,950) and more than $29,000 (ess than King County ($68,775)]; 75% of the students at the neighborhood elementary school qualified for free or reduced fee lunch; and 35% of students at the neighborhood elementary school had limited English proficiency; and WHEREAS, the Sunset Area is a high-priority investment area for the City and the Renton Housing Authority; and WHEREAS, the City, the Renton School District, and the Renton Housing Authority have , invested or committed more than $66 million to date in public investments in the Sunset Area to support the Sunset Area Community Revitalization and/or the Sunset Terrace Redevelopment; and WHEREAS, the City is seeking to leverage public and private investment in the Sunset Area to help address the needs of Renton's Sunset Area residents; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued a Notice of Fund Availability for the Choice Neighborhoods Initiative (CNI) Implementation Grant Program and applications are due February 9, 2015; and WHEREAS, the purposes of the CNI funds are to: (1) replace distressed public housing and assisted housing with high quality mixed income housing, •(2) improve educational outcomes and intergenerational mobility for youth and their families and (3) create the conditions necessary for public and private investment in distressed neighborhoods; and WHEREAS, the City and Renton Housing Authority have asked the King County Housing Authority (KCHA) to join them in a mutual effort to apply for the CNI grant and, if successful, for KCHA to administer the CNI grant and build mixed income housing primarily in the Sunset Area of Renton; and 2 � RESOLUTION NO. WHEREAS, the City is working with the Renton Housing Authority, the King County Housing Authority, the Renton School District, Neighborhood House, and other public and private entities to create a HUD CNI implementation grant application for the Sunset Area Transformation Plan. The CNI grant would potentially provide up to $30 million to support the Sunset Area Community Revitalization efforts; WHEREAS, the City, the Renton Housing Authority, and the Renton School District have taken significant steps towards planning and implementing substantial housing and neighborhood improvements already in the Sunset Area, including: (i) construction completed for the Meadow Crest Early Learning Center, the Meadow Crest Playground, and 26 units of new affordable housing; (ii) construction under way for a new Renton Highlands Library, the Harrington Green Connection and water main improvements, and the Sunset Terrace Regional Stormwater Facility; and (iii) relocation of residents from the Sunset Terrace distressed public housing development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor is authorized to (i) apply for funds and prepare a U.S. Department of Housing and Urban Development (HUD) Choice Neighborhoods Initiative (CNI) grant application for up to $30 million for the Sunset Area Transformation Plan in cooperation with the King County Housing Authority and the Renton Housing Authority; and (ii) sign all certifications and provide all information required by HUD for the CNI application for the Sunset Area Transformation Plan. The Mayor is further authorized for the City to be a Co-Applicant 3 RESOLUTION N0. � and the Neighborhood Lead for the CNI application with the Renton Housing Authority as a Co- Applicant and the King County Housing Authority as the Lead Applicant and the Housing Implementation Entity, a role to be fulfilled in conjunction with the Renton Housing Authority if the CNI funds are awarded. ' PASSED BY THE CITY COUNCIL this day of , 2015. ' Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1656:12/29/14:scr 4 i CITY OF RENTON, WASHINGTON � RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING THAT THE SUNSET AREA IS A "REDEVELOPMENT AREA" AND "INVESTMENT PRIORITY AREA". WHEREAS, the Sunset Area (as refiected in the attached Sunset Area Vicinity Map) is one of Renton's older commercial and residential areas and is in need of revitalization; and WHEREAS, since the late 1990s, the City has viewed the Sunset Area (a.k.a. the Highlands) as a high-priority redevelopment area targeted for improvement and investment; and � WHEREAS, in December 2003, the City Council adopted Ordinance No. 5061 designating the Highlands as a "residential targeted area" for the purpose of allowing a limited property tax exemption for qualifying new owner-occupied or rental multi-family housing in the Highlands to help support capital investment and redevelopment in the area; and WHEREAS, in the Fall of 2006, the City convened the Highlands Task Force on Land Use and Zoning which resulted in the City Council adopting changes in May 2007, to the City's land use policies and zoning codes to stimulate redevelopment in the area; and WHEREAS, in August 2007, the City convened the Highlands Phase II Task Force to study additional neighborhood issues which resulted in recommendations that the City Council prioritized and adopted in the Highlands Action Plan in early 2009; and WHEREAS, in July 2008, the City Council adopted Ordinance No. 5400 establishing the Highlands as a designated residential targeted area for low-income housing serving households 1 RESOLUTION N0. � � at or below 80% of the median income to help support development of new high-quality affordable housing; and WHEREAS, in June 2009,the City commissioned a Community Investment Strategy study to prioritize additional public investment in the 269-acre Sunset Area study area which resulted I in the City Council's adoption of the Sunset Area Community Investment Strategy in November 2009; and WHEREAS, the highest priorities for the Sunset Area Community Investment Strategy included support for the Renton Housing Authority's Sunset Terrace Redevelopment; and WHEREAS, in February 2010,the City Council amended RMC 4-1-210 to allow the waiver of development and mitigation fees to encourage new owned-occupied housing in the Sunset area and help support redevelopment in the area; and WHEREAS, in June 2010, the City and the Renton Housing Authority partnered together to conduct a Sunset Area Community Planned Action NEPA/SEPA Environmenta) Impact study. The study was completed in April 2011 and resulted in the City Council's adoption of the Sunset Area Comrnunity Planned Action in June 2011, to help facilitate and support private and public investment and redevelopment in the Sunset Area over the next 20 years; and WHEREAS, in August 2011, the City Council further amended RMC 4-1-210 to allow for the waiver of development and mitigation fees to encourage new multi-family rental housing in the Sunset area and help support redevelopment in the area; and WHEREAS, in 2012, 27% of the households in the Sunset Area (ived in poverty; the median average household income was $39,318 [more than $16,000 less than the city as a whole ($55,950) and more than $29,000 less than King County ($68,775)]; 75% of the students 2 • RESOLUTION NO. at the neighborhood elementary school qualified for free or reduced fee lunch; and 35% of students at the neighborhood elementary school had limited English proficiency; and WHEREAS, in April 2014, the City Council adopted Resolution No. 4214 designating the Sunset Area as an "Economic Target Area" with the intention to leverage public investment to attract additional private investment, particularly through the federal New Markets Tax Credit program, to stimulate new commercial and residential development in the neighborhood and to facilitate the creation of partnerships with other public and private organizations to help address disparities in access to education, social services, health care, and economic and employment opportunities for Sunset Area residents; and WHEREAS, the Sunset Area is a high-priority investment area for the City and the Renton Nousing Authority; and WHEREAS, the City, the Renton School District, and the Renton Housing Authority have invested or committed more than $66 million to date in public investments in the Sunset Area to support the Sunset Area Community Revitalization and/or the Sunset Terrace Redevelopment; and WHEREAS, the City is seeking to leverage public and private investment in the Sunset Area to help address the needs of Renton's Sunset Area residents; and WHEREAS, the City is working with the Renton Housing Authority, the King County Housing Authority, the Renton School District, Neighborhood House, and other public and private entities to create a U.S. Housing and Urban Development Department (HUD) Choice Neighborhoods Initiative (CNI) implementation grant application for the Sunset Area , 3 RESOLUTION NO. • Transformation Plan. The HUD CNI grant would potentialiy provide up to $30 million to support the Sunset Area Community Revitalization efforts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Sunset Area is declared a "Redevelopment Area" and an "Investment ,. Priority Area with the intention to leverage additional public and private investment to stimulate new commercial and residential development in the neighborhood and to facilitate the creation of partnerships with other public and private organizations to help address disparities in access to education, social services, health care, and economic and employment opportunities for Sunset Area residents. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk I APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1657:12/29/14:scr 4 � CITY OF RENTON, WASHINGTON � ORDINANCE N0. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-210, WAIVED FEES, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV(DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY AMENDING THE DEFINITION OF "AFFORDABLE HOUSING". WHEREAS, on August 27, 2001, the Renton City Council approved Ordinance No. 4913 (codified in RMC 4-1-210.6) to allow certain development and mitigation fees for housing that is for sale to be waived to encourage new owner-occupied housing in Downtown Renton; and WHEREAS, on February 1, 2010, the City Counci) approved Ordinance No. 5524 (cod.ified in RMC 4-1-210.6) to allow certain development and mitigation fees for housing that is for sale to be waived to encourage new owner-occupied housing in the Sunset Area; and WHEREAS, on August 1, 2011, the City Council approved Ordinance No. 5617 (codified in RMC 4-1-210.C) to allow certain development and mitigation fees for rental housing to be waived to encourage new multi-family rental housing in the Sunset Area; and WHEREAS, on August 20, 2013,the City Council approved Ordinance No. 5668 to extend the sunset for these development and mitigation fee waivers to December 31, 2015, unless , extended by City Council action; and WHEREAS, the provisions of Subsection 4-1-210.6, Owner-Occupied Housing Incentive, helped to establish the 37-unit "55 Williams" and the 50-unit "Chateau de Ville" condominium projects as new owner-occupied housing in Downtown Renton; and WHEREAS, the provisions of Subsection 4-1-210.C, Rental Housing Incentive, helped to establish the 8-unit Glennwood Avenue Townhomes project and the 18-unit Kirkland Avenue Townhomes project in the Sunset Area as new multi-family rental housing; and ' 1 � � ORDINANCE N0. • WHEREAS, the City seeks to encourage additional new multi-family rental housing in the Sunset Area; and WHEREAS, the City seeks to encourage the use of the federal low income housing tax credit as provided for in Section 42 of the Internal Revenue Code to help finance new , affordable multi-family rental housing in the Sunset Area and leverage additional public and private investment to stimulate new commercial and residential development in the Sunset Area; and WHEREAS, the federal low income housing tax credits use a different rent standard than provided for in the definition of "affordable housing" in Subsection 4-1-210.C.2.a, Rental Housing Incentive; and WHEREAS, the City seeks to amend the definition of "affordable housing" to help leverage additional public and private funds to support affordable multi-family rental housing development in the Sunset Area and, more specifically, to facilitate use of federal low income housing tax credit financing in new multi-family rental housing development in the Sunset Area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection 4-1-210.C.2.a, "Affordable housing", of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows: a. "Affordable housing" means residential housing that is rented by a low-income household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household's 2 ti - ORDINANCE N0. monthly income. However, if the multi-familv housin� proiect is funded with federal low-income housin� tax credits (LIHTC) as provided for in Section 42 of the Internal Revenue Code, a unit will be considered affordable housin� if it is rented at or below the rental rate for a household at sixtv percent (60%) of the � Kin� Countv median income under the LIHTC qro�ram rules with a deduction for utilitv costs, if applicable. The Kin�Countv LIHTC rents are published annuallv bv the Washin�ton State Housin� Finance Commission and are based on unit size assumin� occupancv of one (1) qerson for a studio unit and one and one-half (1.5) qersons per bedroom. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) calendar days after publication. PASSED BY THE CITY COUNCIL this day of , 2015. lason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1860:12/29/14:scr 3 i. ;enda Item No.:�. RENTON CITY COUNCIL MEETING � AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: i��2 '2bI 5 PLEASE PRINT 5 Minute Time Limit � � . (� ! . l, ' S�-Nam • i C Name: Address:���C� -S��g�JT' Address:��a/� raN/DN���:� � City:_�;.�d�rh . Zip Code: /��.�� City: ��Ol/�� Zip Code:��b� Email: y�1r�t�r.. l�la.rrr�i �vj1 ���� Email: 17dLdd<Y�W1ft7W�l,A'd�'1'1�1���� � Topic: ��� r���, Topic: ��� J " 6 �. Name:��►� �wt�E�o r Name: Address: I .�+ Address: / // City:�.�,9�( Zip Code:_ `��l;� City: Zip Codk: � Email: �,N��,���-�-t��l��^S2�h! a►rnn�cX.. r'�ril Email: / Topic: n�—Z�n 1� � Topic: / � 1� U � , Name: �✓1� �/�flP, Name: Address: rl l42 � S� l6?...d st- Address: / City: 1�L�,�lVl Zip Code: Q R6�"'� City: / Zip Code: � /� / Email: �..1,.,�,�;,��x(`� ,��l� Email: � - - - / � Topic:, �_2��� ��j Topic: 1� `. s Name: M�r�l � I�F;V� Name: Address: � M�1l�l W� Address: / City: Zip Code: City: � Zip Code: Email: I��M .�,n .� fiu���' ,� EmaiL• / Topic: ���� ���.� �'�� Topic/ (CONTINUED ON REVERS SIDE) (Continued from Reverse Side-Page 2) � RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit ii�� 9 13 Name: � � Name: Address:� Address: / j City:' Zip Cod'e: City: / � Zip Code: Email: " Email: / // ToRic: Topic: ��/ 10 14 Name: Nam . Address: dress: City: Zip Code: City: Zip Code: Email: / Email: Topic: / Topic: 11 15 Name: Name: Address: / Address: City: Zip Code: / City: Zip Code: Email: / Email: Topic: / Topic: 12 16 � � Name: Name: � Address: / Address: City: / Zip Code: City: Zip Code: Email: / Email: � Topic: ` Topic: PLANNING AND DEVELOPMENT COMMITTEE APPR�VED BY COMMITTEE REPORT CITY COUNCIL January 12,2015 Dat�f ,�Z � Authorize Application for HUD Choice Neighborhoods Initiative Implementation Grant for Sunset Area Transformation Plan Referred lanuary 5, 2015 The Planning and Development Committee recommends approval of a resolution to authorize an application for a HUD Choice Neighborhoods Initiative implementation grant for up to$30 million for the Sunset Area Transformation Plan. � "`� . ,.,v " ��. - � �tandy Corman,Chair A�rr ne+�do Pavone, Vice Chair -�Yy�,� Marcie Patmer, Member cc: Cliff Long,Economic Development Director Mark Santos-lohnson,Community Development Project Manager qpp�OVED BY PLANNING AND DEVELOPMENT COMMITTEE CITY COUNCIL COMMITTEE REPORT ( � January 12,2015 ���� Amendment to RMC 4-1-210C, Rental Housing Incentive,for"Affordable Housing" Definition Referred January 5, 2015 The Planning and Development Committee recommends adoption of an ordinance to amend the "affordable housing"definition in RMC 4-1-210C, Rental Housing Incentive. The Committee further recommends that the ordinance regarding this matter be presented for first reading. � r _ � Randy Corrr�'a�i, Chai� �� � I A�r�►o�do Pavone, Vice Chair • � . Marcie Palmer, Member cc: Cliff Long,Economic Development Director Mark Santos-Johnson,Community Development Project Manager PLANNING AND DEVELOPMENT COMMITTEE APPROV�D g� COMMITTEE REPORT CITY COUNC�L January 12,2015 pa�� � �' �� : Declare the Sunset Area as a "Redevelopment Area"and an "Investment Priority Area" Referred lanuary 5, 2015 The Planning and Development Committee recommends that the Council approval of a resolution to declare the Sunset area as a ��Redevelopment Area" and an "Investment Priority Area." � /Randy Corman,Chair / Arm do Pavone, Vice Chair Marcie Palm r, Member cc: Cliff Long,Economic Development Director Mark Santos-Johnson,Community Development Project Manager PLANNING AND DEVELOPMENT COMMITTEE App��v�� �� COMMITTEE REPORT CITY COUNCIL Dat� � I Z /S lanuary 12, 2015 Comprehensive Plan Update—Phase 2 Referred on January 7, 2013 The Planning and Development Committee recommends that the work of Phase II of the State required 2015 Comprehensive Plan Update be recognized and held for adoption with the work of Phase III, which is anticipated to be June 2015. The policies of the Phase II elements should be adopted as proposed by staff and recommended by the Planning Commission: Community Planning, Capital Facilities, and Housing and Human Services. / _ '� � lRandy Corman, Chair Ariir 'ondo Pavone, Vice Chair . Marcie Palmer, Member cc: Cliff Long, Economic Development Director Mark Santos-Johnson,Community Development Project Manager RENTON CITY COUNCIL Regular Meeting January 12, 2015 Council Chambers Monday, 7:00 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF ED PRINCE,Council President; RUTH PEREZ;ARMONDO PAVONE; GREG COUNCILMEMBERS TAYLOR; RANDY CORMAN; MARCIE PALMER; DON PERSSON. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor;JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES,Senior Assistant City Attorney;JASON SETH,City Clerk; CHIP VINCENT, Community and Economic Development Administrator; GREGG ZIMMERMAN, Public Works Administrator;JENNIFER HENNING, Planning Director; PETER RENNER, Facilities Director; RON STRAKA, Utility Engineering Supervisor; DEPUTY CHIEF ERIK WALLGREN, Fire& Emergency Services Department; COMMANDER PAUL CLINE, Potice Department. PROCLAMATION A proclamation by Mayor Law was read declaring January 14, 2015 to be "Ann Ann Grinolds Day— Grinolds Day" in the City of Renton and encouraging all citizens to join in January 14, 2015 wishing Ann a very happy birthday and thanking her for 30 years of dedicated service. MOVED BY PERSSON,SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Ms. Grinolds' daughter, Linda Marweg,accepted the proclamation with appreciation. She explained that Ann could not attend due to a fear of heights as a result of Post-Traumatic Stress Disorder from World War II. She introduced family members in attendance, and stated that volunteering has truly helped her mother survive into her nineties. Ms. Marweg remarked that Ann loves Renton, but noted that London will always be her true home. Councilmember Persson congratulated Ann for receiving the proclamation. Councilmember Taylor added that Ann is a wonderful,compassionate person that everyone should meet. Mayor Law thanked Ann for her many years of dedicated service and wished her a wonderful birthday. SPECIAL PRESENTATION Public Works Administrator Gregg Zimmerman reported that the City is being Public Works: FEMA Region X recognized for achieving a Class 5 rating in the Community Rating System of the Community Rating System national flood insurance program. He explained that the Community Rating Class 5 System is a voluntary incentive program that encourages community flood plain management activities that exceed the minimum national flood insurance program requirements. Mr.Zimmerman introduced Ken Murphy, Regional Administrator for Region X for the Department of Homeland Security's Federal Emergency Management Administration (FEMA). Mr. Murphy remarked that the City has accomplished a great achievement by reducing its rating to Class 5 in the Community Rating System. He stated that this particular rating saves businesses and homeowners approximately$345 per year on their premiums. He highlighted the various work programs the City completed in order to receive the reduced rating. Mr. Murphy commended the City and presented a plaque commemorating the achievement to Mayor Law. . lanuarv 12, 2015 Renton Citv Council Minutes Paee 18 Mayor Law expressed appreciation for the plaque. He remarked that it was not too long ago when Renton Village would be underwater after a significant rain storm. He thanked Mr.Zimmerman and his staff for their great work managing storm water issues. AUDIENCE COMMENT Kristen Harris(Renton)expressed concern that the proposed R-6 zoning would Citizen Comment: Harris— negatively affect her and her neighbors'future financial and property Proposed Development investments. She also expressed concern that the community was not given Regulations Changes sufficient notice regarding the proposed changes. Ms. Harris suggested enforcing the current building codes more strictly instead of adopting new regulations. Citizen Comment: Zwicker— Elizabeth Zwicker(Renton)shared her history of living and volunteering in the Proposed Development Renton community. She stated that the proposed zoning and development Regulations Changes changes would negatively affect her ability to sell her property. She explained that she bought the property with the expectation that it could be sold at a higher value, but the new regulations are hampering her efforts to sell it at a profit. Ms.Zwicker noted that it was inferred at the last Council meeting that her comments should be dismissed because they were solicited by the Master � Builders Association. She emphasized that she was not contacted by the Master Builders Association to comment on this issue. Mayor Law stressed that Ms.Zwicker's opinion was appreciated. He invited Community and Economic Development Administrator Chip Vincent to the podium to speak on this topic. CED: Proposed Development Mr.Vincent remarked that the Master Builders Association inferred at last Regulation Changes week's Council meeting that Renton was going to fall short of ineeting its obligations under the Growth Management Act with respect to density based on the proposed development regulation changes. Displaying a table depicting density factors, he emphasized that Renton is number three of all 39 cities , within King County in terms of accepting additional residential growth through density. He added that the City is only behind Seattle and Bellevue and is number one in this category compared to Renton's ten peer-cities. Mr.Vincent remarked that the reason the Comprehensive Plan is being updated is because of this high rate of growth and development. , Mr.Vincent reported that residents have voiced concern and opposition to the type of homes and developments that have been allowed to be constructed over the past 20 years. He added that the City is working hard to balance the rights of property owners,developers,and future residents as the Comprehensive Plan is updated. Mr.Vincent also remarked that he took Mr. Boyer's testimony regarding the Alpine Nursery at last week's Council meeting very seriously. He stated that he talked with the Quadrant Corporation and was able to provide the organization with the certainties and predictability they needed to re-engage negotiations for that property. He noted however,that a different developer is in the process of acquiring the property and is moving forward with a residential development. Additionally, Mr.Vincent reported that the Growth Management Act does not require public notice before adopting interim zoning and moratoria. He emphasized however,that the City decided to follow the regular legislative Januarv 12. 2015 Renton Citv Council Minutes Pa�e 19 process,conducted the public hearings, and allowed people who had applications in the pipeline to move those projects forward before the rules changed. He remarked that the City spent nearly two months working through the process prior to adopting the interim zoning so that the public could be provided adequate notice of the proposed changes. Concluding, Mr.Vincent emphasized that the City has not re-zoned any properties. He explained interim zoning rules preserve options and choices for Council so that informed decisions can be made about the final Comprehensive Plan. He added that the interim zoning also prevents a large number of subdivisions to vest to rules that were written over 20 years ago. He reiterated that the City is balancing the rights of the property owners, developers,and future residents in order to make informed decisions about the future of the Comprehensive Plan. Responding to Mayor Law's inquiry, Mr.Vincent reported that anyone interested in receiving notice regarding the update to the Comprehensive Plan should contact the City and become a party of record. Chief Administrative Officer Covington added that citizens can also contact the City Clerk to become a party of record. Councilmember Corman remarked that he is looking forward to discussing this issue as the Chair of the Planning and Development Committee. He added that he is hearing from a lot of residents that do not like the size and scale of the homes going in on very small lots. He remarked that these homes often change the character of their neighborhoods. Mr. Corman also described several scenarios where R-8 zoning might be appropriate in the interim R-6 zone. Citizen Comment:Allen— Kim Allen (Redmond), speaking on behalf of a law firm representing AT&T, Wireless Facilities Regulations expressed appreciation for Council's adoption of new wireless facilities regulations. She explained how there had been some difficulty siting new wireless infrastructure in Renton,especially due to height restrictions,and • thanked City staff for processing the proposed changes. Ms.Allen also commended the City's Planning Commission board members. Citizen Comment: McOmber— Howard McOmber(Renton)thanked City officials and staff who were Homeless Feed Program instrumental in finding a new place to feed the homeless Friday through Sunday Location Change nights. He reported that the feeding program has moved to the old Chamber of Commerce building located at 300 Rainier Ave. N. Friday through Sunday at 5:30 p.m. He explained that building is located on the north side of Airport Way between Rainier Ave. and the airport. � CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council: 1/5/2015 Council Approval of Council meeting minutes of 1/5/2015. Council concur. Meeting Minutes CAG: 14-151, Grady Way City Clerk reported bid opening on 12/18/2014 for CAG-14-151, Grady Way Pavement Preservation, Pavement Preservation project; six bids; engineer's estimate$1,063,225; and Lakeside Industries submitted staff recommendation to award the contract to the low bidder, Lakeside Industries, in the amount of$847,338.50. Council concur. � Januarv 12, 2015 Renton Citv Council Minutes Pase 20 Community Services:Youth Community Services Department recommended approval of a King County Faci�ity Grant at Cedar River Youth Facility Grant to accept$67,500 to assist with capital improvements at Boathouse, King County the Cedar River Boathouse. Council concur. Lease:4th Amendment to NE Community Services Department recommended approval of a fourth 12th St. Reservoir,Verizon amendment to LAG-97-004 with Verizon Wireless to extend the lease for five Wireless years and increase the monthly revenue by$200 for equipment installation at the NE 12th St. Reservoir. Refer to Finance Committee. Lease: Rolling Hills Reservoir, Community Services Department recommended approval of a ten-year Site New Cingular Wireless PCS Lease Agreement with New Cingular Wireless PCS, LLC(AT&T), in the amount of $2,500 per month (plus a one-time inception fee of$7,500)for installation of new antennae and supporting ground equipment at the Rolling Hills Reservoir. Refer to Finance Committee. ' MOVED BY PRINCE,SECONDED BY PALMER, COUNCIL CONCUR TO APPROVE THE CONSENTAGENDAAS PRESENTED. CARRIED. UNFINISHED BUSINESS Planning and Development Committee Chair Corman presented a report Plannin�&Development recommending approval of a resolution to authorize an application for a HUD , Committee Choice Neighborhoods Initiative implementation grant for up to$30 million for CED: Choice Neighborhoods the Sunset Area Transformation Plan. MOVED BY CORMAN,SECONDED BY Initiative PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See later page for resolution.) CED:Amend RMC 4-1-210.C, Planning and Development Chair Corman presented a report recommending Affordable Housing adoption of an ordinance to amend the "affordable housing" definition in RMC 4-1-210.C., Renton Housing Incentive. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See page 21 for ordinance.) CED: Declare Sunset Area Planning and Development Committee Chair Corman presented a report Redevelopment& Investment recommending that Council approval a resolution to declare the Sunset Area as Priority Area a "Redevelopment Area" and an "Investment Priority Area." MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRRIED. (See page 21 for resolution.) CED: 2015 Comprehensive Planning and Development Committee Chair Corman presented a report I Plan Update recommending that the work of Phase II of the State required 2015 Comprehensive Plan Update be recognized and held for adoption with the work of Phase III,which is anticipated to be lune 2015. The policies of the Phase II elements should be adopted as proposed by staff and recommended by the Planning Commission: Community Planning, Capital Facilities, and Housing and Human Services. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION#4238 A resolution was read authorizing an application for a U.S. Department of CED: HUD Choice Housing and Urban Development Choice Neighborhoods Initiative Neighborhoods Initiative Implementation grant for the Sunset Area Transformation Plan. MOVED BY Implementation Grant CORMAN,SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. • Januarv 12. 2015 Renton Citv Council Minutes Pa�e 21 RESOLUTION#4239 A resolution was read declaring that the Sunset Area is a "Redevelopment CED: Declare Sunset Area Area" and "Investment Priority Area." MOVED BY CORMAN, SECONDED BY Redevetopment& Investment PAVONE,COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Priority Area The following ordinance was presented for first reading and referred to the 1/26/2015 Council meeting for second and final reading and adoption: CED:Amend RMC 4-1-210.C., An ordinance was read amending Section 4-1-210,Waived Fees,of Chapter 1, Affordable Housing Administration and Enforcement, of Title IV(Development Regulations),of City Code, by amending the definition of"Affordable Housing." MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING. ON 1/26/2015. CARRIED. The following ordinances were presented for second and final reading: ORDINANCE#5743 An ordinance was read amending Subsection 4-3-100.B.1. of Chapter 3, CED:Title IV(Development Environmental Regulations and Overlay Districts,of Title IV(Development Regulations) Docket D-101, Regulations), of City Code, by amending the applicability of the Urban Design Applicability of Urban Design Regulations. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT Regulations THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. � ORDINANCE#5744 An ordinance was read amending Sections 4-2-010, 4-2-020,4-2-060,4-2-100, CED:Title IV(Development 4-2-110,4-2-115,4-2-120, and 4-2-130,of Chapter 2,Zoning Districts-Uses , Regulations) Docket D-104, Lot and Standards, Section 4-4-080,4-4-090,4-4-095,4-4-100 and 4-4-110 of Areas, Building Coverage, Chapter 4, City-wide Property Development Standards, of Title IV(Development Impervious Surface Regulations), and Section 8-7-4 of Chapter 4, Noise Level Regulations,of Title VIII (Health and Sanitation), of City Code, by amending the regulations related to maximum lot area, building coverage and impervious surface area and creating a new Residential Six Dwelling Units per Acre(R-6) zone. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ.* ROLL CALL: AYES: PRINCE; PEREZ; PAVONE; CORMAN; PALMER; PERSSON. NOES:TAYLOR. *MOTION CARRIED. ORDINANCE#5745 An ordinance was read amending Section 4-3-050,of Chapter 3, Environmental CED:Title IV(Development Regulations and Overlay Districts,Section 4-6-030, of Chapter 6, Street and Regulations) Docket D-105, Utility Standards, Sections 4-7-130,4-7-190,4-7-200, and 4-7-220, of Chapter 7, Utilities&Open Spaces in Subdivision Regulations,and Section 4-8-120, of Chapter 8, Permits-General Tracts and Appeals, of Title IV(Development Regulations), of City Code, amending the regulations regarding the creation of tracts to contain utilities,open space, critica�areas, and other similar areas that warrant protection or serve a public purpose. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ORDINANCE#5746 An ordinance was read amending Sections 4-2-060,4-2-080,4-2-120 and 4-2- CED: Title IV(Development 130 of Chapter 2,Zoning Districts-Uses and Standards,Sections 4-4-095 and 4- Regulations) Docket D-106, 4-140 of Chapter 4, City-wide Property Development Standards,Section 4-9- Wireless Communication 030 of Chapter 9, Permits-Specific, and Section 4-11-230 of Chapter 11, Facilities Definitions,of Title IV(Development Regulations), and Section 5-19-5 of Chapter 19,Telecommunications Licenses and Franchises,of Title V(Finance and Business Regulations),of City Code,amending the wireless communication facilities regulations. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. • Januarv 12. 2015 Renton Citv Council Minutes Pa�e 22 ORDINANCE#5747 An ordinance was read amending Section 4-4-040 of Chapter 4, City-wide CED:Title IV(Development Property Development Standards, and Sections 4-11-060 and 4-11-180,of Regulations) Docket D-108, Chapter 11, Definitions, of Title IV(Development Regulations),of City Code, Fences, Hedges& Retaining amending the regulations regarding fences, hedges, and retaining walls,and Walts adding new definitions of"Fence," "Retaining Wall," "Retaining Wall Height," "Retaining Wall Height, Exposed," and "Rockery." MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ.* ROLL CALL: AYES: PRINCE; PEREZ; PAVONE; CORMAN; PALMER; PERSSON. NOES:TAYLOR. *MOTION CARRIED. ORDINANCE#5748 An ordinance was read amending Section 4-4-130, of Chapter 4, City-wide CED:Title IV(Development Property Development Standards,Section 4-8-120 of Chapter 8 Permits— Regulations) Docket D-109, General and Appeals, and Sections 4-11-080 and 4-11-200 of Chapter 11, Tree Retention & Land Definitions, of Title IV(Development Regulations),of City Code,amending the Clearing regulations regarding tree retention and land clearing,and adding,amending, and deleting certain definitions related to trees. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ.* ROLL CALL: AYES: PRINCE; PEREZ; PAVONE; CORMAN; PALMER; PERSSON. NOES:TAYLOR. *MOTION CARRIED. ORDINANCE#5749 An ordinance was read amending Section 4-1-160 of Chapter 1,Administration CED:Title IV(Development and Enforcement, Sections 4-2-080 and 4-2-110 of Chapter 2,Zoning Districts— Regulations) Docket D-112, Uses and Standards,Section 4-3-050 of Chapter 3, Environmental Regulations Administrative Code and Overlay Districts, Sections 4-4-070 and 4-4-100 of Chapter 4, City-wide Interpretations Property Development Standards,Sections 4-5-040 and 4-5-060 of Chapter 5, Building and Fire Prevention Standards,Section 4-6-030 of Chapter 6,Street and Utility Standards,Section 4-8-120 of Chapter 8, Permits—General and Appeals,Sections 4-9-060,4-9-150,4-9-200,and 4-9-250 of Chapter 9, Permits —Specific, and Sections 4-11-030,4-11-040,4-11-120,and 4-11-150 of Chapter 11, Definitions,of Title IV(Development Regulations),and Section 8-7-8 of Chapter 7, Noise Level Regulations,of Title VIII (Health and Sanitation), of City Code, by amending certain regulations, and amending specific definitions pursuant to the Department of Community and Economic Development's Administrative Code Interpretations. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ.* ROIL CALL: AYES: PRINCE; PEREZ; PAVONE; CORMAN; PALMER; PERSSON. NOES:TAYLOR. *MOTION CARRIED. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PRINCE,COUNCIL ADJOURN. CARRIED. TIME: 7: 7 p.m. � �-.l��� � � _ laso .Seth, CMC, City Clerk Jason Seth, Recorder January 12, 2015 . , , .. Council Committee Meeting Calendar 7anuary 12, 2015 January 13, 2015 Tuesday � 10:00 AM Transportation Committee, Chair Palmer Council Conference Room 1. Rainier Flight Service Lease Amendment 1 2. Rainier Flight Service Lease Amendment 2 3. Emerging Issues in Transportation (Capital Projects Update) January 19, 2015 Monday City Holiday- NO MEETINGS January 26, 2015 Monday ' 4:00 PM Finance Committee, Chair Persson Council Conference Room 1 . Verizon Wireless Lease Addendum I 2. Waived Fees for Sunset Area RHA Projects 3. Lease Agreement with Cingular Wireless 4. Emerging Issues in Finance 4:30 PM Planning & Development Committee, Chair Corman Council Conference Room 1. 2015 Comprehensive Plan Update 2. Title IV (Development Regulations), Docket#11 Discussion 3. Critical Area Regulations Update (briefing) CANCELED Community Services Committee, Chair Perez CANCELED Utilities Committee, Chair Taylor 5:30 PM Committee of the Whole, Chair Prince -- Council Chambers 1. Community Services Report on 2014 Services (Recreation, Neighborhoods, Resources & Events, Parks Maintenance & Golf Course) . . -.....�„ °M'�`" �, City of `,� a � ♦ iY ♦ ' � �� � N Mayor�Offiu r1'rocCamdtion `iNhereas,Ann Grinolds has been volunteering at the City Hall Information Desk since January 14, 1985,and is celebrating 30 years as a volunteer for the City of Renton on lanuary 14, 2015;and `W�eteas,Ann has given approximately$,6Q0 hours af her time during the past 30 years to greet visitors and staff, making everyone feel at ease with her special brand of warmth,sense of humor, and persanality; and . , `iN�ereas,Ann will celebrate her 94th bi�thday on January 19, Z015; and `GV�ereas,Ann having been born in london,survived the German blitzkrieg on London in 1940 through 1941 during World War fl; and �iN�ereas,Ann met he�husband, an American soldier, and moved to Renton in 1953; and �ereas Ann raised six children all of whom raduated from Renton Hi h School• and , , g 8 , � �tN�ereas,Ann Is a four-time heart attack survivor and 64-year breast cancer survivor; and `Wl��ereas,Ann's resilience and indestructibility kept her going through these crises and she still refuses to give up at age 94 and continues to make a positive impact on our City's history and our , lives; and � 'iN(ereas,we all, cttizens, staff, and City officials alike,thank Ann fo�her dedication, helpfulness, ' professionalism and ambassadorship to and on behalf of the City of Renton; Now, tfierefore, I, Denis Law, Mayor of the City of Renton,do hereby proclaim January 14, 2015,to be .�nn C�rinoCd�s 1�ay in the City of Renton,and I encourage all citizens to join me in wishing Ann a very happy birthday and thanking he�for 30 years of dedicated servfce. hc witness w�ereof, I have hereu�to set my hand and caused the seal of the City af Rentan to be affixed this 12th day of January, 2015. r Denfs Low, Mayor - , CJty of Renton, Washington Renton Ctty Hall • 1055 South Grady Way • Renton,Washington 98057 • rcMonwa.gov �enis�aw � City of � ,� o Mayor U� Y � , � • � ♦ � ♦ O "���0� City Clerk -Jason A.Seth,CMC January 30, 2015 Lakeside industries 18808 SE 257th Street Covington, WA 98042 RE: Grady Way Pavement Preservation Project; CAG-14-042 Federal Aid No.STPIL-1288(004) To Whom it May Concern: At its regular meeting of January 12, 2015, the Renton City Council accepted your bid for the above- referenced project in the amount of$847,338.50. As a part of entering this contract, the contractor agrees to take all necessary and responsible steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises (DBE) have an opportunity to participate in the performance of this contract. The award of this contract was made with the understanding that the firms listed on the DBE Utilization Certification will be performing the dollar value of work as indicated. Prior to submitting the signed contract for execution, Lakeside Industries will provide the following items: 1. Breakout information for all successful DBEs as shown on the DBE Utilization Certification: • Correct business name, federal employer identification number (if available), and mailing address. • List of all bid items assigned to each DBE firm, including unit prices and extensions, indicating any anticipated sharing of resources (e.g., equipment, employees). • Indicate partial items — specify distinct elements of work to be performed by the DBE firms and provide a complete description of these partial items. NOTE:Total amounts shown for each DBE shall not be less than the amount shown on the Utilization Certification. 2. A list of all firms who submitted a bid or quote in an attempt to participate in the contract whether they were successful or not. Include the following information: • Correct business name and mailing address Send these two items to City of Renton, 1055 S. Grady Way, Renton, 98057, c/o Douglas Jacobson, Deputy PW Administrator. Failure to provide this information prior to execution will result in forfeiture of the bidder's proposal security. Please return these documents within 10 calendar days after the date of the award. 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov il t Additionalfy, please contact Douglas Jacobson, Deputy PW Administrator, at 425-430-7242 for submission of required documents to complete the contract. These may include proof of City and State business licenses, performance bond,and insurance certificates. Sincerely, 1a o A: th ty Clerk cc: Douglas lacobson,Deputy PW Administrator Juliana Fries, Program Development Coordinator Linda Weldon,Accounting Assistant Natalie Wissbrod,Accounting Assistant IV � � Denis Law � — }�� f � Mayor � �1`I �` �y p� �.:1 � • � ' �� `��Nz� City Clerk -Jason A.Seth,CMC January 14, 2015 Lakeside Industries 18808 SE 257th St Covington, WA 98042 RE: Grady Way Pavement Preservation Project; CAG-14-042 To Whom it May Concern: At its regular meeting of January 12, 2014 the Renton City Council accepted your bid for the above-referenced project in the amount of$847,338.50. Please contact Douglas Jacobson, Deputy PW Administrator - Tranportation at 425-430-7242, for submission of required documents to complete the contract. These may include proof of City and State business licenses, performance bond, and insurance certificates. Sincerely, on A. Seth cting City Clerk cc: Douglas Jacobson, PW—Transportation Linda Weldon,Accounting Assistant Natalie Wissbrod,Accounting Assistant IV 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov � � Denis Law � CltY Of ,� Mayor D Y O U� "�� � � i � � �P�N r�� City Clerk -Jason A.Seth,CMC January 14, 2015 Cemex P.O. Box 2037 Everett, WA 98213 RE: Grady Way Pavement Preservation Project; CAG-14-042 To Whom It May Concern: At its regular meeting on January 12, 2015 the Renton City Council accepted the lowest responsive bid submitted by Lakeside Industries for the above-referenced project in the amount of $847,338.50. If you would like your bid bond document returned, please email your request to jseth@rentonwa.gov. Thank you for your interest and your bid. Sincerely, � son A. eth ity Clerk cc: Douglas lacobson, PW—Transportation Project Manager 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov � � Denis Law � City of � ,� Mayor D Y lj �v�> � � �1 � ,I J � ri4i ,t0 � i oi N I City Clerk -Jason A.Seth,CMC January 14, 2015 ICON Materials 1508 Valentine Av SE Pacific, WA 98047 RE: Grady Way Pavement Preservation Project; CAG-14-042 To Whom It May Concern: At its regular meeting on January 12, 2015 the Renton City Council accepted the lowest responsive bid submitted by Lakeside Industries for the above-referenced project in the amount of $847,338.50. If you would like your bid bond document returned, please email your request to jseth@rentonwa.gov. Thank you for your interest and your bid. Sincerely, as n�A. th City Clerk cc: Douglas Jacobson, PW—Transportation Project Manager 1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov " ' Denis Law � r ` Mayor � �1� �1 �,Sy O O � � � • � .� � ����0 City Clerk -Jason A.Seth,CMC January 14, 2015 Lakeridge Paving Co. P.O. Box 8500 Covington, WA 98042 RE: Grady Way Pavement Preservation Project; CAG-14-042 To Whom It May Concern: At its regular meeting on January 12, 2015 the Renton City Council accepted the lowest responsive bid submitted by Lakeside Industries for the above-referenced project in the amount of $847,338.50. If you would like your bid bond document returned, please email your request to jseth@rentonwa.gov. Thank you for your interest and your bid. Sincerely, J . t ity Clerk cc: Douglas lacobson, PW—Transportation Project Manager 1055 South Grad Wa • Renton,Washin ton 98057• (425)430-6510/Fax 425 430-6516•rentonwa. ov II Y Y 9 ( ) g � • • D MayofaW C Clty Of � �y � � p�, °•�' . � . � �� ��� N City Clerk -Jason A.Seth,CMC January 14, 2015 Miles Resources, LLC 400 Valley Av NE Puyallup, WA 98372 RE: Grad Wa Pavement Preservation Pro'ect• CAG-14-042 Y Y J , To Whom It May Concern: At its regular meeting on January 12, 2015 the Renton City Council accepted the lowest responsive bid submitted by Lakeside Industries for the above-referenced project in the amount of $847,338.50. If you would like your bid bond document returned, please email your request to jseth@rentonwa.gov. Thank you for your interest and your bid. Sincerely, � Ja n . Seth y Clerk cc: Douglas Jacobson, PW—Transportation Project Manager 1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516• rentonwa.gov � / • � � DeMas�Law �. City Of �Y v � ti o� � • a " � O 1 "��t'N'r�� City Clerk -Jason A.Seth,CMC January 14, 2015 Watson Asphalt P.O. Box 845 Redmond, WA 98073 RE: Grady Way Pavement Preservation Project; CAG-14-042 To Whom It May Concern: At its regular meeting on January 12, 2015 the Renton City Council accepted the lowest responsive bid submitted by Lakeside Industries for the above-referenced project in the amount of $847,338.50. If you would like your bid bond document returned, please email your request to jseth@rentonwa.gov. Thank you for your interest and your bid. 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