HomeMy WebLinkAboutAgenda Packet for 3/9/2015 .
AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
March 9, 2015
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. 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.
5. 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 3/2/2015. Council concur.
b. Community and Economic Development Department recommends appointing Katie Hunter,
General Manager of Hilton Garden Inn Seattle/Renton, to the Lodging Tax Advisory Committee.
Council concur.
c. Community Services Department recommends approval of a six-year Lease & Concession
Agreement transfer, from Barajas Arias, Inc. to Northwest Restaurant Experience, for the
RiverRock Restaurant located at the Maplewood Golf Course. Council concur.
d. Community Services department requests approval to waive picnic shelter fees in the amount of
$280 for the REACH Crop Hunger Walk event on 5/3/2015. Council concur.
e. Fire & Emergency Services Department reports that the 2015 Basic Life Support (BLS) annual
allocation of funds is $1,254,004 (City of Renton - $936,406; KCFD #25 - $107,241; and KCFD
#40 - $210,357). Information.
f. Public Works Division recommends approval of an agreement to accept $200,000 in grant funds
from King County Flood Control District for the construction of the Maplewood Creek Stormwater
Outfall Improvements Project. Council concur.
6. 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.
Page 1 of 2
7. RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
a. Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Regulations (1st
reading 3/2/2015)
8. NEW BUSINESS
(Includes Council Committee agenda topics; please visit rentonwa.gov for more information.)
9. AUDIENCE COMMENT
10. ADIOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
March 9, 2015
CANCELED
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk•CITY
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Tues.&Thurs.at 11 AM&9 PM,Wed. &Fri at 9 AM &7 PM and Sat.&Sun. at 1 PM&9 PM
Page 2 of 2
CITY OF RENTON COUNCIL AGENDA BILL
� b .
Subject/Title: Meeting:
Appointment to Lodging Tax Advisory Committee REGULAR COUNCIL-09 Mar 2015
Exhibits: Submitting Data: Dept/Div/Board:
None. Community and Economic Development
Staff Contact:
Cliff Long, ext. 6591
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION: �
Resolution No. 3288 established the Renton Lodging Tax Advisory Committee and authorizes Council to
review the membership annually and fill any committee vacancies. Appointment of Katie Hunter,
General Manage�of Hilton Garden Inn Seattle/Renton, is requested. Ms. Hunter fills a lodging
representative vacancy.
STAFF RECOMMENDATION:
Appoint Katie Hunter, General Manager of Hilton Garden Inn Seattle/Renton, to the Renton Lodging Tax
Advisory Committee, filling a lodging representative vacancy.
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♦
CITY OF RENTON COUNCIL AGENDA BILL � C . 'I
Subject/Title: Meeting:
Barajas Arias, Inc. (RiverRock) Lease Transfer REGULAR COUNCIL- 09 Mar 2015
Exhibits: Submitting Data: Dept/Div/Board:
A. Draft Lease and Concession Agreement Community Services
B. Exhibits to the lease/Agreement
Staff Contact:
Kelly Beymer, Parks and Golf Course Director, ext.
6617
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Approve the transfer of the lease and concession agreement from Barajas Arias, Inc. (RiverRock
Restaurant located at the Maplewood Golf Course) to a new lease and concession agreement between
the City of Renton and Northwest Restaurant Experience for a six(6) year term (See Exhibits A & B;
Note: Exhibit D of the agreement, Concessionaire owned Kitchen Equipment, is in process of revisions).
The City was notified in November 2014 that the Barajas Arias, Inc. intended to sell the restaurant after
eight years in operations, and had identified a prospective buyer. Under the current concession
agreement the City has agreed to not unreasonably withhold assignment or transfer of the concession.
Staff, including the City Attorney, Finance and Information Services Administrator, Senior Finance
Analyst, and Parks and Golf Course Director, reviewed all requested information extensively from the
prospective buyers and are satisfied with the competency and solvency of their restaurant and business
experience.The City made minor revisions to the concession agreement to reflect current operations and
additional'Financial Personal Guarantee' requirements. The proposed buyer has agreed to operate within
the concession agreement requirements.
Northwest Restaurant Experience will be utilizing all existing staff and has a solid transition plan in
place. This wil� minimize any disruption to business, will ensure the current revenue structu�e to
Maplewood Golf Course, and will appear nearly seamless to the customers.The proposed buyers are
enthusiastic,committed to developing a strong relationship with the City and the community and continuing
the high customer service standards.
STAFF RECOMMENDATION:
Approve the transfer of the Concession Agreement of the RiverRock Restaurant to Northwest
Restaurant Experience and authorize the Mayor and City Clerk to sign the agreement.
�
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MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT ("Agreement") is made between the City of
Renton, hereinafter referred to as "The City," and Northwest Restaurant Experience, Inc.,
hereinafter refened to as "The Concessionaire."
A. LEASE PREMISES AND GRANT OF CONCESSION
For and upon the conditions and provisions herein, the City hereby leases to the
Concessionaire the restaurant, lounge, kitchen, kitchen storage, office, a tent pad, and
related areas,banquet rooms, an office and patios adjoining the restaurant and banquet
facilities within the Maplewood Golf Course Clubhouse located on the north side of
Maple Valley Highway(SR 169) at approximately 130`�Avenue S.E., a portion of the
City's municipal golf course, which is legally described in Exhibit A attached hereto.
The rooms included within the lease are described as rooms 111, 111A, 112, 114,
114A, 114B, 115, 115A, 119, 120, 121, 122A througb 122D, 123, 124, and 131 on the
floor plan prepared by Calvin Jordan and Associates for the Maplewood Golf Course
Clubhouse, which floor plan is incorporated herein by reference as Exhibit B. Said
rooms and adjoining patios, excluding fountains, are herein referred to as the
"Concession Premises".
The Concessionaire shall occupy, manage and operate the Concession Premises as a
lounge,restaurant and banquet facility and shall also be entitled to access to and use of
the hallways and restrooms within the clubhouse for the benefit of its customers and
employees. The City further grants the Concessionaire the exclusive right and
privilege to sell food and beverage on the golf course and the driving range and shall
have the right of access to those facilities to operate vending machines, carts and other
means of selling food and beverage, provided that the Concessionaire's operation does
not interfere with regular operation of the golf course and driving range.
The Concessionaire may use the lobby area to accommodate the Sunday Brunch. Any
decorating of the lobby area must have prior approval of the City, along with a plan as
to how any items will be attached. Such approval shall not be unreasonably withheld.
The Concessionaire shall be responsible for any damage to the lobby caused by the
attachment or removal of decorations or food service operations.
B. TERM
The term of this Agreement shall be for six (6) years commencing on March 1, 2015,
adjusted prior to signing. If Concessionaire has performed during this term, in a
manner acceptable to the City, the Concessionaire shall be given the option for an
additional six (6) yeaz term. The City may determine, that due to changed conditions,
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certain terms in this Agreement must be renegotiated for the extended term, but those
changes must be in writing and agreed to by Concessionaire.
C. CONSIDERATION
The Concessionaire shall provide to the City the following consideration:
1. Certain services to the public under terms of this Agreement.
2. Payment to the City of the following percentages of gross receipts: for the
restaurandlounge/associated patios/tent and beverage cart, seven percent (7%) up to
$775,000.00; six percent (6%) above $775,000.00; and for the banquet facilities, nine
percent(9%).
D. PAYMENT
1. The term "Gross Receipts" as used herein means all gross revenue received by the
� Concessionaire for the sale of food, beverage and other products on the Concession
Premises and golf course, and off-site catering to other public facilities such as the
Community Center or Senior Activity Center. It includes all monies received by the
Concessionaire for food, beverages and other products sold to patrons of the lounge,
restaurant and banquet facility. However, the term Gross Receipts shall not include
tips or charges for Washington State sales tax or other excise taxes imposed by any
government imposed directly on the sale of goods or services to be charged to the
consumer,although collected by the Concessionaire.
2. Concessionaire shall record all funds which are received in a system which records
and identifies the date and amount of each transaction. Records of daily sales shall be
submitted to the Administrative Services Department on a monthly basis along with a
written statement detailing gross and net receipts, signed by the Concessionaire.
3. Concessionaire shall make payment to the City for each calendar month of
operation, said payment being due and payable no later than the tenth (10�') of the
following month, accompanied by the above-described Statement of Gross Receipts.
All payments or reports to the City of Renton shall be paid or delivered to: 1055
South Grady Way, Renton, Washington 98057.
4. If any payment specified herein is not paid to the City within ten(10) days after the
date specified, a late charge of ten percent (10%) of the payment due and unpaid shall
be added to the payment as a penalty, and the total sum shall become immediately due
and payable. Any amount remaining unpaid by the first day of the month following
the due date for payment (i.e. approximately twenty (20) days late) shall beaz interest
at the rate of one percent(1%)per month.
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E. CITY OBLIGATIONS
The City shall have the following obligations under this Agreement:
1. To replace the banquet facility's rectangular, serpentine and round tables, if
destroyed or damaged (unless the damage or destruction was the Concessionaire's
fault), in a style to be coordinated with the Concessionaire in sufficient quantity to
accommodate a dinner buffet for up to three hundred(300)people.
2. To replace or repair the kitchen floor. The City will use its best efforts to
accomplish this no later than November 18,2017.
3. To provide office space to Concessionaire for marketing activities:
4. To provide janitorial service for the driving range, clubhouse common areas,
including restrooms,pro shop, golf pro office, and golf course management office.
5. To operate the municipal golf course on a continuous basis, subject to the
interruption for inclement weather, earthquakes and other events beyond the City's
control.
6. To provide heating and cooling to the Concession Premises to maintain
temperatures within the Concession Premises within a temperature range customary
for the use of the Concession Premises during its normal business hours; provided that
when the air conditionin is on, the Concessionaire will use its best efforts to kee the
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doors closed. It is understood that doors may be opened to permit traffic in and out of
the restaurant, including the movement of food and equipment, and that where
portions of the kitchens are hot notwithstanding the air conditioning, the kitchen door
may be opened to provide ventilation and cooling for such areas.
7. To provide utility services to the Concession Premises (i.e., electricity, water, �
natural gas, sewer, and trash removal).
8. To maintain the clubhouse building, hallways, restrooms, the pazking lot,
sidewalks, and the grounds surrounding the clubhouse in good repair and amactive
condition.
9. To provide and maintain for the use of the Concessionaire, its patrons and
employees, the parking lots on the golf course property, which shall be used in
common with patrons of the golf course driving range from October through March.
Due to parking constraints, April through September it is required that all
Maplewood/RiverRock staff park in the designated area west of the drivi.ng range. To
the extent reasonably necessary, the City shall endeavor to remove accumulations of
snow and ice from the pazking lot and frorn sidewalks leading to the clubhouse.
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F. CONCESSIONAIRE'S OBLIGATIONS
Concessionaire shall perform the following tasks:
1. To provide janitorial services for the lounge, restaurant, marketing office,
kitchen, a tent pad, excluding fountain and dumpster area, and banquet faciliries
according to the standards set forth in Exhibit E attached hereto.
2. To provide all reservation activities associated with the restaurant and banquet
facilities, and coordinate with the golf course management so as to not conflict with
the golf course activities, particularly parking when there are tournaments or other
heavy usage periods. Parking may be a problem if both the golf course and restaurant
and banquet facilities have scheduled events. Requirements noted in E9 above will be
followed. If problems develop, the Concessionaire and the City will discuss methods
of resolving the difficulties. If the Concessionaire and the City cannot come to an
agreement, then they will resolve this difficulty through binding arbitration. The
parties will attempt to select a single arbitrator to resolve the difficulty, but if they
cannot agree on a single arbitrator,then each party will appoint an arbitrator and those
two will select a third azbitrator. The decision will be by majority vote, The costs of
the azbitration will be equally shared by the City and the Concessionaire.
3. To perform normal and periodic maintenance for the range hood, bar and
refrigerator, but repair and replacement shall be the responsibility of the City. The
Concessionaire acknowledges that the range hood, bar and walk-in refrigerator shall
remain the property of the City. The City acknowledges that the kitchen equipment
listed in Exhibit D (will be updated by concessionaire) has been purchased by the
Concessionaire.
4. To open the restaurant no later than 6:30 a.m. Events may require earlier
opening service to be coordinated by golf course management and concessionaire,
provided that the restaurant may be closed during such times as the golf course is
closed or not being used because of snow, inclement weather or any other reason. The
Take-Out Window shall be open for coffee and limited food service September
through April from 6:00 a.m. until the golf course closes, and open May through
August from 5:00 a.m. until the golf course closes.
5. To provide necessary advertising to publicize the restaurant, lounge, banquet
facilities, and joint promotions with the golf course to include extemal and club
customers, and to establish an advertising program acceptable to and approved by the
Parks and Golf Course Division Director. However, the City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire.
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6. Concessionaire shall secure all required City permits after setting up the
Banquet Tent. The Tent shall be removed at the time of permit expiration.
7. To operate the beverage cart at least on the following basis: seven(7) days per
week during the months of May through Labor Day in September, Friday through
Sunday commencing the date after Labor Day through September 30, and Friday
through Sunday during the month of April and the Winter Tournament Series events;
provided that the beverage cart need not be operational during inclement weather
unless there is a scheduled event. The City shall provide gasoline for the operation of
the beverage cart, to be paid for by the Concessionaire.
8. To request shuttle service and/or double parking be provided if the
Concessionaire schedules an event that it anticipates will require overflow parking.
The City will make an effort to provide such service, should City staffing not be
available, the Concessionaire will be trained and will serve as the alternate. The labor
and fuel costs will be split equally between the two parties, with the City invoicing the
Concessionaire for such services.
9. To provide seasonal (May through September) patio flowers/pots for the
restaurant,bar and banquet patios approved by the City representative.
10. To monitor and correct banquet guests actions, should they not abide golf
course restrictions, behave in an unacceptable manner, or cause damage to the facility
or its grounds.
G. CONCESSIONAIRE'S STAFF
The Concessionaire shall employ competent, courteous and efficient staff in numbers
to adequately serve its patrons. All Concessionaire staff inembers shall, while on
duty, be equipped with any apparatus or clothing that may be required by law,
ordinance or regulation.
An experienced on-site manager shall be selected and designated as the
Concessionaire's authorized representative who shall oversee all concession
operations on the Concession Premises and transmit and receive communications to
and from the City.
The on-site manager or designee shall ensure that the following items are addressed in
a timely manner:
1. Have customer service training plan that is in place, including beverage cart
training. A City representative or designee will provide concessionaire management
with initial beverage cart training and training documents.
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2. Communicate and coordinate tournaments and events with City representarive
or designee for use of the banquet facility.
3. Provide monthly calendar of scheduled events in the banquet facility.
4. Provide a weekly beverage cart schedule in season.
5. Attend, at a minimum,two (2)golf course staff ineetings monthly.
6. Notify City representative or designee immediately of any repairs needed that
are the City's responsibility, i.e.,plumbing, electrical, doors, lighting, etc.
7. Provide City representative with current management team contact information
for emergency purposes.
8. Ensure that banquet staff is trained on the use and caze of the Audio Visual
system.
H. SIGNAGE
All graphics placed upon or affixed to any of the Concession Premises shall be subject
to the prior written approval of the City or its representative, which approval shall not
be unreasonably withheld. The Concessionaire will follow all City sign codes.
The Concessionaire shall submit detailed plans and secure any needed
permits/approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to regular park signage and specifications.
The Concessionaire must secure prior approval from the City's representative for all
exterior decorations. Such approval shall not be unreasonably withheld.
I. CAPITAL IMPROVEMENTS/REMODELING
Concessionaire shall, prior to commencing any alterations, improvements, or
construction, submit to the City in writing, plans for alterations, improvements, and
construction along with a breakdown of costs for such improvements.
All plans submitted are subject to the approval of the City or its representative prior to
commencement of any alteration, improvements or construction. T'he City agrees to
promptly review said plans, and if the alterations, improvements, and construction are
acceptable, to promptly approve the same, and the plans as approved shall be attached
to an executed copy of this Agreement and incorporated herein.
All work performed shall be done to the satisfaction of the City's representative and
shall be carried out in a manner that minimizes impact upon the use of the golf course
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by the public. Concessionaire shall be responsible for obtaining all governmental
permits and meeting all code requirements and shall submit copies of the same to the
City or its representative prior to commencing any construction on the Concession
Premises.
The City or its representative may conduct inspection of any capital improvement
work at any tnne to assure itself that such work is in accordance with the plans
approved by the City. In the event any such work is not according to plans as then
approved by the City, the City or its representative shall send a Notice of
Noncompliance to the Concessionaire. In the event the Concessionaire fails to make
corrections within twenty (20) days after the Concessionaire's receipt of such Notice
of Noncompliance, the Department may make whatever conections are necessary to
bring such work into compliance with the plans as approved, and shall charge the
Concessionaire for all costs of such corrective work.
Concessionaire shall, prior to commencement of any construction work, provide
payment and performance bond(s) in form(s) approved by the City Attomey, payable
to the City in the full and just value of such capital improvements, conditioned that all
provisions of this Agreement relating to capital improvements shall be faithfully
performed by the Concessionaire, or the surety, if required.
Concessionaire shall fumish the City with a complete set of reproducible 24" x 36"
mylar drawings reflecting the final "as-built" condition of all capital improvements
within thirty (30) days after completion of the construction. Concessionaire shall
furnish to the City copies of all operating manuals, equipment brochures, paint
schedules, and material brochures for such improvements.
Concessionaire will use recycled products whenever possible.
All alterations, fixtures and tenant improvements, and construction shall become the
property of the City upon termination or expiration of this Agreement and shall be
installed solely at the Concessionaire's expense unless the City expressly agrees in
writing to contribute toward the costs thereof. The Concessionaire shall not be
required to remove or pay the cost of removal of any approved and accepted
alterations, fixtures, or tenant improvements at the expiration or earlier tertnination of
this Agreement. The kitchen equipment which is the personal property of the
Concessionaire, including, without limitarion, the equipment listed on Exhibit D, shall
not be considered"fixtures"for the purpose of this paragraph.
The value of tenant provided improvements is subject to leasehold tax.
J. UTILITIES
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Concessionaire shall pay for all utilities associated with the operation of the
Concession Premises. The Concessionaire shall install and maintain a private
telephone to serve the Concession Premises. The City may decide to install secondary
metering for electricity. The Concessionaire shall be billed the prorated share of
electrical costs, as follows:
Cost sharing formula without the booster pump station in operation:
Customer charge Split 50%/50%
Demand charge Golf course-35%/concess.-65%
Kilowatt charge Golf course-37%/concess.-63%
With Booster Purnp Station in operation,the Concessionaire will pay the following:
. Customer charge 25%of total
Demand charge 65% of 170(kilowatts)
Energy charge 63% of remaining 30%balance
The City of Renton and Concessionaire will split 50/50 year round the water and
sewer utility costs for the Maplewood Clubhouse. The City will be responsible for
twenty-five percent(25%) of the natural gas expenses (year round) for the Maplewood
Clubhouse. The Concessionaire will be responsible for the remaining seventy-five
percent (75%) (year round) of the natural gas billings for the Clubhouse. If there is a
significant variation in costs for utilities, the City and Concessionaire will revisit these
percentages and costs.
If any payment due under this clause is not paid to the City within ten (10) days after
the date specified, a late charge of ten percent (10%) of the payment due and unpaid
shall be added to the payment as a penalty, and the total sum shall become
immediately due and payable. Any amount remaining unpaid by the fust day of the
month following the due date for the payment (i.e. approximately twenty (20) days
late)shall bear interest at the rate of one percent(1%)per month from the due date.
K. TAXES/FEES
The Concessionaire shall pay, before delinquency, all fees, charges, and costs arising
out of the Concessionaire's use and occupancy of the Concession Premises including,
but not limited to, charges imposed for governmental inspections or examinations,
license and excise fees, taxes on personal property o�the Concessionaire and on the
leasehold interest created by this Agreement.
L. EOUALITY OF TREATMENT
S
Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard to
race, color, religion, sex, sexual orientation, marital status, age, or national origin. No
person shall be refused service, be given discriminatory treatment or be denied any
privilege, use of facilities, or participation in activities on the Concession Premises on
account of race, color, religion, sex, sexual orientation, marital status, age, or national
origin. Failure to comply with any of the terms of this provision shall be a material
breach of this Agreement.
M. NONDISCRIMINATION
Concessionaire shall comply with all applicable Federal, State, County, and City laws,
ordinances, rules and regulations regarding nondiscrimination in employment, the
provision of services to the public in a nondiscriminatory manner, including, but not
limited to,the provisions of the City of Renton Fair Practices Policy as attached hereto
and incorporated herein by this reference.
The City shall be responsible for making any structural changes to the building and
Concession Premises required by the Americans with Disabilities Act (ADA). The
Concessionaire shall be responsible for complying with the ADA with respect to any
subsequent improvements installed by the Concessionaire, the placement of furniture
and furnishings, and the Concessionaire's operations.
N. ALL RISK INSURANCE
During the term of this Agreement and any extension thereof, the City shall maintain
an insurance policy on the clubhouse building in the amount of the replacement cost of
the clubhouse building, including the Concession Premises, restrooms and hallways,
for damage from fire, earthquake and other perils. Said insurance policy shall also
insure the replacement value of the kitchen equipment and banquet tables and chairs
provided by the City pursuant to pazagraph E.1 above. The Concessionaire shall
reimburse the City annually fifly percent(50%)of the premium charged to the City for
such fire and hazard insurance policy. The proceeds on a claim against said insurance
policy for damage to the clubhouse building, Concession Premises or personal
property provided by the City shall be used to repair damage to the clubhouse building
and the Concession Premises and to repair or replace any damaged personal property
provided by the City.
The Concessionaire shall be responsible for maintaining its own fire and hazard
insurance on personal property and leasehold improvements placed within the
Concession Premises by the Concessionaire.
O. ALL-RISK LIABILITY 1NSURANCE
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The Concessionaire shall secure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the Concessionaire's operation and use of the leased
premises.
Minimum Scope of Insurance
Concessionaire shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on Insurance Services
Office (ISO) occurrence form CG 00 O1 and shall cover premises,products/completed
operations, broad form property damage, independent contractors, personal
injury/advertising liability, and contractual liability. The City shall be named as an
additional insured on Concessionaire's Commercial General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Concession Premises Form CG
20 11, or a substitute endorsement providing equivalent coverage.
2. Pronertv insurance shall be written on all risk basis.
3. Automobile Liability insurance covering all owned, nonowned, hired and leased
vehicles. Coverage shall be written on insurance services office (ISO) form CA 00 O1
or a substitute form providing equivalent liability coverage.
Minimum Amounts of Insurance
Concessionaire shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with limits no less than
one million dollazs and no cents ($1,000,000.00) each occurrence, two million dollars
and no cents($2,000,000.00)general aggregate.
2. Pronertv insurance shall be written covering the full value of Concessionaire's
property and improvements with no coinsurance provisions.
3. Automobile Liabilitv insurance shall be written with a minimum combined single
limit for bodily injury and property damage of one million dollars and no cents
($1,000,000.00)per accident.
Other Insurance Provisions
The insurance policies aze to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
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1. The Concessionaue's insurance coverage shall be primary insurance as respect to
the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess of the Concessionaire's insurance and shall not contribute to it.
2. The Concessionaire's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail,return receipt requested,has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best raring of not less than
A:VII.
Verification of Coverage
Concessionaire shall fumish the City with original certificates and a copy of the
amendatory endorsement, including, but not necessarily limited to, the additional
insured endorsement,evidencing the insurance requirements of the Concessionaire.
Waiver of Subrogation
Concessionaire and City 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 of said building. This release shall
apply only to the extent that such claim, loss or liability is covered by insurance.
City's Property Insurance
City shall purchase and maintain during the term of this Agreement all-risk property
insurance covering the building for their full replacement value without any
coinsurance provisions.
P. INDEMNITY .
Concessionaire will indemnify, defend, and hold harmless the City and its respective
officials, officers, employees, agents, attomeys, and assigns from and against all
actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens,
awazds, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or
death of any person (including without limitation claims brought be employees or
invitees of Concessionaire or employees, or invitees of any Contractor of
Concessionaire or damage to or loss of any property or clean up of any discharge or
release by Concessionaire or any Contractor of Concessionaire, and expenses, costs of
lirigation, and reasonable attomeys' fees related thereto, or incident to establishing the
right to indemnification, to the extent such Claims arise out of or are in any way
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related to this Agreement or the presence on the Concession Premises of
Concessionaire, any Contractor of Concessionaire or their respective employees or
invitees. Concessionaire expressly waives any immunity under industrial insurance
whether arising from Title 51 of the Revised Code of Washington or any other statute
or source, to the extent of the indemnity set forth in this pazagraph. In the event that
Concessionaire is successful in proving that the foregoing indemnity is limited by
RCW 4.24.115, Concessionaire shall defend, indemnify and hold harmless the
indemnities to the full extent allowed by RCW 4.24.115. In no event shall
Concessionaire's obligations hereunder be limited to the extent of any insurance
available to it.
The City will indemnify, defend, and hold harmless the Concessionaire and its
respective officers, employees, agents, attomeys, and assigns from and against all
actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens,
awards, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or
death of any person (including without limitation claims brought be employees or
invitees of City or employees, or invitees of any Contractor of City or damage to or
loss of any property or clean up of any dischazge or release by City or any Contractor
of City, and expenses, costs of litigation, and reasonable attorneys' fees related
thereto, or incident to establishing the right to indemnification, to the extent such
Claims arise out of or are in any way related to this Agreement or to any acts or
omissions of the City, any Contractor of the City or their respective employees or
invitees. The City expressly waives any immunity under industrial insurance whether
arising from Title 51 of the Revised Code of Washington or any other statute or
source, to the extent of the indemnity set forth in this paragraph. In the event that the
City is successful in proving that the foregoing indemnity is limited by RCW
4.24.115, the City shall defend, indemnify and hold harmless the indemnities to the
full extent allowed by RCW 4.24.115. In no event shall City's obligations hereunder
be limited to the extent of any insurance available to it.
Neither indemnity obligation shall apply in cases of the sole negligence or wrongful
misconduct of the indemnitee.
Q. MUTUAL RELEASE AND WAIVER
The Concessionaire and City shall not assign to any insurance company any right or
cause of action for damages which the parties now have or may subsequently acquire
against the other party during the term of this Agreement, and shall waive all rights or
subrogation for such damage.
R. STANDARDS
Concessionaire recognizes that although it is operating its facilities as an independent
operator for profit, the City is organized and exists for the purpose of maintaining park
12
and recreation faciliries for the use and enjoyment of the general public. The
Concessionaire, its agents and employees, will devote their efforts toward renderi.ng
courteous service to the public as though they were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
Concessionaire shall operate and conduct the facilities in the Concession Premises in a
businesslike manner, and will not permit any illegal acts or conduct on the part of the
Concessionaire's employees which would be detrimental to the City's operation of the
Maplewood Golf Course.
Concessionaire will not conduct, or allow to be conducted, activities that generate
excessive noise or light or otherwise create a nuisance to the surrounding
neighborhoods. Once informed by the City that it believes such activity is occurring,
or that it has been receiving reasonable complaints from the neighborhood, the City
and Concessionaire will meet to
, try and arrive at a method of operation by
Concessionaire that will eliminate, or sufficiently ameliorate the problems. The City
retains the right under its police power, or under its ownership interest of the property,
to direct Concessionaire to make changes in its methods of operation that will
eliminate conduct or activities that the City reasonably believes creates a nuisance.
S. CONTINUOUS OPERATION
Concessionaire shall keep the Concession Premises open and use them to transact
business with the public on a continuous basis during hours listed in Section F7
hereof. Subject to the prior written approval of the City, the Concessionaire may close
the Concession Premises or any portion thereof for a reasonable period for repairs or
remodeling, for taking inventory, or to accommodate the construction by the City of
public improvements, provided that a written notice of such impending closure is
posted in a conspicuous place on the Concession Premises or any portion thereof in an
emergency without the approval of the City. In the case of an emergency, the City
reserves and retains the right to close the Concessionaire's operation or any portion
thereof if necessary to prevent harm caused by the emergency. This closure shall not
continue longer than the least amount of time necessary to prevent such harm.
T. COMPLIANCE WITH LAWS
Concessionaire shall comply with all applicable Federal or State laws and City
ordinances, and with applicable Federal, State, City and local directions, rules and
regulations.
U. UNUSABILITY
In the event the Concession Premises or the clubhouse building is damaged by fire,
flood,earthquake, act of war or other casualty,the City shall promptly repair the same,
13
provided that if the peril causing the damage is not covered by insurance on the
building and Concession Premises required to be maintained by the City pursuant to
paragraph N above, then the City may terminate this Agreement by giving written
notice to the Concessionaire within thirty (30) days of the date of the damage. If the
damages interfere with the operation of the restaurant lounge or banquet facility
operations, the Concessionaire's obligation to make payments to the City shall abate
until the repairs are completed and the term of this Agreement shall be extended by the
number of days equal to the duration of time from the date of the damage to the date
of completion of the repairs.
V. SURRENDER OF PREMISES AND REMOVAL OF CONCESSIONAIRE'S
PROPERTY
1. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Premises to the City and promptly surrender and deliver to
the City all keys that it may have to any and all parts of the Concession Premises.
2. The Concession Premises shall be surrendered to the City in as good a condition as
at the date of execution of this Agreement, except for the effects of reasonable wear
and tear, alterations, and repairs made with concurrence of the City, and property
damage by fire and other perils insured in contracts or policies of all risk insurance.
3. Within thirty(30) days after the termination of this Agreement or the expiration of
its term, Concessionaire shall remove from the Concession Premises, at its sole
expense, all equipment, furnishings, and other personal property owned and placed in
or on the Concession Premises by the Concessionaire, but not including the range
hood,freezer,walk-in cooler, and bar.
4. In the event that after termination or expiration of this Agreement, the
Concessionaire has not removed its equipment, fumishings, and other personal
property within the time allowed, the City may, but need not, remove said personal
property and hold it for the owners thereof, or place the same in storage, all at the
expense and risk of the owners thereof, and the Concessionaire shall reimburse the
City for any expenses incurred by the City in connection with such removal and
storage. The City shall have the right to sell such stored property, without notice to
Concessionaire, after it has been stored for a period of thirty (30) days or more, the
proceeds of such sale to be applied first to the cost of sale, second to payment of any
charges for storage, and third to the payment of any other amounts which may then be
due from Concessionaire to the City, and the balance, if any, shall be paid to the
Concessionaire.
W. LIENS AND ENCUMBRANCES
14
Concessionaire shall keep the Concession Premises free and clear of any liens and
encumbrances arising or growing out of its use and occupancy of the Concession
Premises. At the City's request, Concessionaire shall furnish the City written proof of
payment of any item which would or might constitute the basis for such a lien on the
Concession Premises if not paid.
X. ENTRY
The City's representative may enter the Concession Premises during normal operating
hours for the purpose of inspecting or repairing the same except in the case of
emergency,but this right shall impose no obligation upon the City to make inspections
to ascertain the condition of the Concession Premises in addition to the City's
responsibility to conduct annual inspections.
Y. ACCESS TO BOOKS AND RECORDS: CASH RECEIPTS
The Concessionaire shall provide basic financial statements on a monthly basis to the
City. The basic financial report shall include a detailed income statement that
provides detail sales, costs of sales, wages/benefits, operating expenses, administrative
expenses, intemal corporate payments, and depreciation/amortization; a statement of
cash flow; monthly Business and Occupation Tax return filed with the State of
Washington; and a struchued balance sheet that show changes in each owners' equity
position. Additionally, the Concessionaire shall provide the City with annual financial
statements accompanied by its federal income t�return, with all applicable schedules,
within one hundred eighty(180)days of each fiscal yeaz end.
The Concessionaire shall retain all books and records supporting the above financial
reports and transactions covered by this Agreement for a period of four(4) yeazs after
the end of its fiscal year. The City shall have the right, with reasonable notice, to
examine and inspect books and records of the Concessionaire to determine compliance
with the provisions of this Agreement. Concessionaire shall record all sales in a point
of sale system approved by the City that records and identifies the date type of sale,
and the amount of each transaction.
In addition, to assure the Concessionaire is able to fulfill its obligation under this
Agreement and maintain sufficient liquidity for the ongoing operation, the
Concessionaire hereby agrees to provide/maintain the following:
1. Personal Guazantee: Concessionaire shall provide personal guazanty for its
obligation under this Agreement. The guaranty is limited to two hundred thousand
dollazs and no cents ($200,000.00) which consists of one (1) year lease payment
15
_ .
inclusive of leasehold tax at one hundred forty thousand and no cents ($140,000)
based on 2014 operating income plus one (1) year utility expenses averaging around
$60,000 per year. Upon completion of the second year of the agreement, the Personal
Guarantee will be reviewed annually by both the City and Concessionaire for
adjustments.
2. Working Capital: Concessionaire shall maintain working capital in the form of
cash or cash equivalent in the amount not less than seventy-five thousand dollars and
no cents ($75,000.00) by no later than six (6) months after the effective date of this
Agreement.
Z. APPROVAL OF MENUS AND PRICING.
Menus and pricing at current market prices will be established with the City
representative's approval after this concession has been awarded. Once established,
the Concessionaire may not change the items on the menu more than twenty-five
percent (25%) or the prices more than an average of ten percent (10%) without the
written approval of the City's representative.
AA. DELIVERIES
All deliveries are to be made prior to 11:00 a.m. Deliveries made after 11:00 a.m., are
restricted to the southeast portion of the building in order to minimize the impact to
the golfers. Any damage done to the turf by delivery drivers must be repaired at
Concessionaire's expense.
BB. DEFAULT OR FAILURE OF CONSIDERATION
The City may terminate this Agreement and take immediate possession of the
Concession Premises in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement, and such default or deficiency in
performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating the nature of the default or deficiency and the City's
intention to terminate if not corrected.
CC. ASSIGNMENT OF AGREEMENT
Concessionaire shall not assign or transfer this Agreement nor otherwise convey any
right or privilege granted hereunder or any part of the Concession Premises unless the
written consent of the City be first obtained, which consent shall not be unreasonably
withheld. Neither this Agreement nor any right, privilege or interest therein or '
16
thereunder shall be transferable by operation of law or by any process or proceeding of
any court
DD. MODIFICATION
The parties hereto reserve the right to amend this Agreement from time to time as may
be mutually agreed. No amendment hereto shall be effective unless written and signed
by authorized representatives of the parties hereto.
EE. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its
proper officers duly authorized this day of , , and the
Concessionaire has hereunto set its hand.
CONCESSIONAIRE THE CITY OF RENTON
Northwest Restaurant Experience, Inc.
By: By: Denis Law, Mayor
Its: ATTEST BY:
Jason A. Seth, City Clerk
17
EXHIBIT A: LEGAL DESCRIPTION OF THE MAPLEWOOD GOLF
AND COUNTRY CLUB, as described in the attached
Statutory Warranty Deed. See Ezhibit A, pages 1,2,3, and 4.
EXHIBIT B: FLOOR PLAN FOR THE PREMISES.
EXI3IBIT C: AUDIO VISUAL EQUIPMENT (City owned-2014)
EXHIBIT D: KITCHEN EQUIPMENT (Fully ezecuted 9/02—revised Z/15)
EXHIBIT E: JANITORIAL STANDARDS (Revised 2/2015)
EXHIBIT F: CHANGE ORDERS (No longer included,from original
construction)
EXHIBIT G: SIGNAGE (No longer included-please see City Sign Code)
I�kbeymer\concess�2003 exhibits ritle page
� �-
`..'/
E7�3IT A
LEGAL DESCR�TION OF T�E MAPLEWOOD GOLF AND
O COITNTRY CLUB, as described in the attached Statutory Warranty
Deed. See Eahibit A, pages 1, 2, 3, and 4.
f
1
�:
'2
�
v
�
�
_ ". " � � Exhibit A, page 1 of 4 �. ,;
;���ctYtu �n�� �
�s � �
Ktt�FG CWlMY � �p� �
ahr:�t °;�.:�,,.=D ��'�V?.'; �'J: �i4 EXCI$� TAX '�.'c 1 `~Z 3I�� u I
W�rrna � i{ellogr, P . S. r ;,:•Y:SIONOF� i
F E B 1 1�5 . . � �; �t;�i�t��
Attorneys at Law -, .. ,;,t�� � •5�
�.o. �oX ��b ��?5,����jf � �}►i, �au�►�
�
Rsnton, WA q$057 ,
^_.�fi�?���; �s�t=�:• _
STATUTORY W?�RRANTY DEED �E!_� F �,.�n
���t:�:L :�}::+::�::— _ ,�at��
.,.
��
M�PLEWOOD GOLr AND COUNfiRY CLUB, a W�shington corporation, for
and in consic3eration of T�n Dallars (510.00} and ath�r goad and
v�luab?e considerat�.on in har.d ��;d , eanvey(s) and warr�n�(s) to T��
�� CIiY OF RENTQN, a Washi�g4an municipal earparatian , Lha following
u� described real estate , situated in King Caunty, State of Washington:
.-,
��
� PaRCEL A:
�
y, The southwast quarter of �he southt�rsst quartpr of the
� southwest quarter a� SeeLion 15, Towrzsh�0 23 No*'T�, ��n��
� � e�st , W.K. , in King Caun�y, 'd?shington.
�xcept t:�a� �ortion lfin3 within '�he �o11ow_n� :escribzd
trGci .
� Comaenein� G4 the narthaest corner af Section ?2, T��,��us:�ig
23 North, Range 5 east, W.M. , in King Couaty, Washing�an;
thsnce south $7°59 ' 24" east 147 feet to the point oi
beginning ; thence north 27°37r5Qr' east 72.02 feec ; thence
south 57°�7' 10" east 129. 38 Iee�; thence south 27o�7t5�n
west i36 . 17 fes� ; thence north 57°�*7r10" wes� 118 fast ,
more or less , to the eenterline oi existing creek; ihence
nartherly alang the eenter3ine af said ereek 85 �'eet , mare
ar less, to � paint whfeh bears north 5?°47' 10" w�st from
the goint of beginning; thQnee sou�h 57°�7' 14'� east 23
feet , more or less , to the point of beginning.
•PARCEL $:
Y That partion af Government Lot 6 , Seeti4n 16, Township 23
narth, range 5 east, W.M. , ir� King Gounty, T�Tashi�gtan,
lying northeasterly af the narthe3sterly line of the plat
z � of Maplewood Division Na. 2, aceording to the plat I
recorded in Volume 39 of P1ats , Page 39, in King County,
Washington, as extended northwesterly �cross the �
� right-of-way of �he Defeuse Plant Carporation as indieate�
by dotted lines on the plat o#' Map?ewood Div. No. �, and
southeasterly of the northwesterly line of Defense Plant
� Corpar�tion right-of-way, ALSO
� The southeast quarter of the southeast quarter of Sectian
16, Township 23 north, range 5 east , W.M. , in King Caunty ,
. Washington;
STATUT�RY WARRANTY D�ED .
PAGE 1
r
_ _ _ __ _ _ _ _ _ _ �
�,'" •
' Exhibit A, page 2 of 4 �-. �
. . • � +
� v���p: r.:�at p�rtzan plat�e� _s �ia�l���rood ►�iv . �� . 2,
�.ceording to the �l�t recor�ed in Volume 39 of �?=ts , Pagz
' 39, i� �Cing County, Washingtan.
PARCEL C:
' That portion of Government Lot 1 , Section 21 , Tawaship 23
narth, range 5 east, W.M. , in s�a.ng Caunty,. ��iashington,
. ].ying nartherly of StatB H2�t2W3�T No. 5;
Exeept that portion platted as Maglewoad D�v, No . 2 ,
acaording �o the plat recorded in Volump 39 oi ??ats, Page
3Q , in King County, Washing�an.
aa�Cc,L B:
C:
%j That r�ortion of the northwest qu�rter c�f the northwest
u
"' quarter and of Governmen4 Lat 10 in S�etion 22, Townshig
c23 north, range 5 east , W.M. , in King Couaty, Trlashin�ton,
;►2 lyin� norther?y of St3te Hi�hway No . 5 and lying nort:�erl,y
� ai the c�acific Coas� Caal Railroad right-of-waY;
u;
� T�g�4�er w�Lh th?t aort3.on o* C�unty Raa� �to . 1i �0 ,
vacatzd bv or�er en4ered �et�bAr 1 b, 1939 in i�o�u�e 38 0_"
Com�issianer ' s Records , page 7;
� �xcap� �ha� port�o� thereof �escribed as follows :
Commen�ing at the northwest 4'd:"t1Bt' of Section 22, Township
23 north, range 5 east, W.M, , in King Caunty, �ashingtan;
thence south 87°54 ' ZO" eas� 1 �7 feet to the paint c�f
beginning; thenee north 27°37`50" east 7?,42 feet; thene�
south 57°�7 ' 10" east 129. 3$ feet; thence south 27°37 'S0"
west 136. 1 T feet ; thence north 57°�+? ' 10" �test 11 � feet t
mora or less , ta the centeriine of existiag ereek; thene�
northerly along the centerline af said creek $5 i"eet , mor�
or less, to a point whieh be3rs nor�h 57°�7' i0" west from
the point of beginning; thence sout3� 57°�7 ' 10" east 23
fQet ; more or less, to the point of beginning.
PARCEL E:
Gavernment Lot 6 or" Seetian 22, Township 23 north, range 5
`` east , W.M. , i n King County, Washi.ngton;
,� :
Except that portion thereof described as follnws :
Beginning at the north quarter carner of said sectian;
� thence south i °0$ '21n west al�ng the narth and south
centerline of said Seetian 30. 00 feet; thence north
$7°59 '2Q" west 150,51 feet to the beginning of a curve to
� the right with a radius af 33Q.40 f�st; thenee westerly
along said curve through a centr3l angle of 2�037' 12" an
arc distance of 141 .$0 feet to intersect ths north line of
�
STATUiJRY WARRANTY T7EED �
PAGE 2
I
I
i
- -- --�
. . _ i
_ , Exhibit A, page 3 of 4 � •
. - � �
� 337.G� Sn��1C:i � ::ZC1C� SOU�`.f: �7°j5 � 2��� �aSt`. 2�7. �� i��i. �O
the point oi beginning .
PP.RCEL r^:
South half of the south half of th� northwest quarter of
the southwest quarter of the southwest quarter oi Seetion
- 15, Township 23 north, r3nge 5 e3st , W.M. , in King County,
Washington .
SUBJECT T0: �
CJ
� 1 . R=S:!ts clsimed un�sr deeds recordsd undzr iCing
^ County Recording Nos . 3�13714 and 4660 ;
rf
� 2. Easements r�corded under King Coun�y Rscording
o vos . 1971852, 3332114, 4�?7279, 4427281 ,
� 57�3790, 5275717, 5155315, 5913518, 7609030618,
7703030695, 7305100471 , 77030306�5 and
7809071072, and 7809071068;
3• Easements est2blished by oroceedings in King
County Superior Caur� Cause Nos . 486190, 499210
and 748;
O �. Reservatior.s cor_�ained in instrumen� record�d
under iCing County Recording No. 241250 ;
5. Questions that may arise due to the shifting or
change in the course of the Cedar River or the
�nnamed creek on the premises, or righ� o� �he
gtate of Washington in and to .that oortion of
the premises, if any, lying in the old and new
beds of th� Cedar Riv2r;
6. Agreement recorded under King County R�cording
c
• No. 7502140608.
' r
� D4TED: January '3 I �, 1985.
F� MAPLEWOOD GOLF AND COUNTRY CLUB,.
a Washington corporation
�<
� B y ^-�4-� __.e��-� .
President
r
� BY
�eretary
STATUTORY WARRANTY DEED
PAGE 3 �
•� � � - Exhibit A, paqe 4 of 4 � � �
, ` , . . � - _
(� STAT� OF WAS:iINGTO�I )
�J ) $S
COUNTY OF KING )
On�his day oersonaZly appsar�d before �e �t�is �',c.'p�r
and J��Ii� G11 �65cn to me kno*.rn to be the President and
Secretary, respectively, of MAPL�WOOD GOLF AND COUNTRY CLUB, tt±e
corporation that exscuted the foregoing instru�nent , and acknowledged
the s3id instrument to be the fres and volunta_ry act and deed of ths
corporation , for the uses and purposes therein men�ioned, and o n
� oa�h stated that �hey are authoriz2d ta �xecute the ins�rument .
� D4TED: Janu3ry �/� , 1985 .
�7
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Z ��`"e cj3r�—�
.
� � Yotary Public in and for the
� State of Washington, residin�g
a} Renton. ,.;1;;�= +
- .�`. ,
z .. ,
. , . �
� =,,.
�-/ •:i'��' ' :
:
:,
�J
STATUTORY WARRANTY DEED
i PAGE 4
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Exhibit C
Audio Visual Equipment/ System — City owned
• Eight (8) in ceiling speakers w/transformer
• All wall plates, ports,jacks, controllers and wiring
• TOA Digital pre-amp mixer
• TOA remote switch panel for inputs
• All microphone input/output modules
• TOA wall rack mount '
� Two (2) TOA UHF Wireless Tuners
• Three (3) wireless handheld microphones
• Four (4) TOA Wireless Tuner Module
• Wireless transmitter for lapel microphone
• One TOA unidirectional lapel microphone
• One DA-Lite 9' x 12' Recessed Electric Screen
• One - NEC Projector - ceiling mount
• One Liteshow Wireless adapter
• All cabling, installation and permits
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaue
� Concessionaire shall at all times and at no expense to the�Citv,keep the Concession
Premises in a neat, clean, safe and sanitary condition. The concessionaire shall at all times keep
the glass of all windows and doors clean and presentable(both interior and exterior); fumish all
cleaning supplies,materials and equipment needed to operate the Concession Premises in the
manner prescribed in this Agreement; and provide all necessary janitorial service to adequately
maintain the Concession Premises on the frequency schedule made part of this Exhibit,which by
this reference is incorporated herein.
� The�ea�-City through its representative shall conduct periodic inspections of the Premises and
shall notify the Concessionaire in writing to make changes in maintenance methods and/or to
make immediate repairs to area affected by unacceptable maintenance methods. The
Concessionaire shall make changes and/or repairs within the time, or times, indicated by the
� �ea��City representative.
The Concessionaire shall contract with a qualified pest control company to control the rodent
population around the Premises. Concessionaire may provide for janitorial services by contract
with a third party,which shall be subject to this Agreement and the prior written approval of the
� �ea�c�Citv.
Concessionaire shall provide a list of emergency phone numbers including those of any firms
performing contract maintenance to contact in case of emergency, (e.g. fire extinguishing system
maintenance or alarm company).
Concessionaire shall provide fire extinguishers and other items required by Fire Department. All
kitchen equipment must be approved for use by building/fire departments.
Page 1 of 4
II-1_Dcput�_Cit�Clcrk'.\Lcncla_A�rncia 201�03__�larch3-9�O15'ConccssiqnaircF_xhibrt 1�:_-
ZUI�.�ocF{--fiBI=#�$�1��4�A��neessionairek:a#+b+tk�e
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standazds for Concessionaire
FREOUENCYSCHEDULE
Including,but not limited to the following:
DAILY
1. Empty all trash including patio receptacles and place in dumpster. Brush and/or wipe
� wastebaskets—Wash wastebaskets as needed.
2. Dust all desks tables counters files tele hones and other furniture within rea
, , , , p ch.
Remove spillage as needed.
3. Wash table tops, counters and all surfaces.
I 4. Sweep/damp mop all epoxy floors w•ith anpropriate cleaner. Remove spillage on all
floors each night.
5. Replace burned out light bulbs except in the kitchen and banquet facility where the
I Concessionaire will supply the bulbs to the City for the City to replace. If Citv purchases
bulbs, the concessionaire will reimburse the Citv for the cost.
6. Pick up trash,dump trash container to primary dumpster location in the east parking lot.
I Keep surrounding area of the dumpster free of debris. In addition, keep area surroundin�
the kitchen dumpster and surroundin� landscape area free of debris.
7. Spot clean marks and smudges from walls, especially doors, around push plates, and light
fixtures.
8. Keep janitor storage areas neat and clean.
9. Vacuum carpeted areas and all entry mats. Spot clean as required.
� 10. Empty and wash all outdoor ashtrays.
11. Dust mop hardwood floors followed by wet mopping with a pH neutral cleaner.
12. Sweep/clean patio areas.
Page 2 of 4
I FL'Dcputy C�t�Clcrk',Agcncia A�cnda 2015 03__�blarch3-9-20iS�.ConccsstonaircF.xh�brt I�:-
-------- -.. ..
2�15_da;f-i-�Cd3l.k;$�1r�k�A�Eenc;essi�a�re4�*hFb+�-}=.�r�e
13. Clean door glass.
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
14. Provide litter control for any litter generated through use of restaurant lounge and
banquet facilities out to service road.
Weeklv
1. Perform high dusting such as upper walls,ventilator grills, except in banquet facility
where the City shall perform high dusting of ventilation grill and upper walls. Perform
high dusting of piping, floor and window casings, and other surfaces not done on a more
frequent basis.
2. Use a damp cloth or dust rag and clean the interior and outer surface of all lights.
3. Dusdclean all papered walls.
I 4. Clean grease trap and drain. Add microbial drin, vine�ar or similar in svstem to reduce
�rease holdin� tank odor.
5. Maintain azea around compactor/dumpster off kitchen area. If utilized,maintain the
compactor/dumpster and area within the fenced enclosure in the parking lot.
6. Remove scuff marks on hardwood floors with a high-speed burnisher or approved
method.
7. Hose down patio areas.
8. Hose down dumpster area off kitchen(daily if needed).
Monthlv
Clean interior and exterior window and door glass.
Ouarterlv to Semi-Annuallv
( Clean carpets in restaurant, bar and banquet facilitv—or as frequently necded..-
Page 3 of 4
( H::Dc�uty_City Clcrk4lgcncial��cncia 201_4'_0_i,_1larch 3-9_20i5�CqnccssiqnaircExhib�t 1;_-
2U 15_.doc{�=E'�E31�-S}FrlR�A-EencessioFrairef:�#r+b+��=:�x
I Grease holdin� tank to be pumped and cleaned. FreQuencv mav be less often at the
discretion of the Citv.
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
Semi-Annuallv to Annuallv
1. The City will w-ill li�ht sand and clean�eeea�hardwood floors.-�i7*"a����r�-a-r��ee-}�-4"
�—u�EeY��—�.". .....r.�'ac�e:'� �Y��'�n�s: The City will invoice the
Concessionaire for 100% of the labor and material costs. «''��� *�m� ^* :::i�:: .".�:,
,.�., �,a �•* •» �;,,�,+ � ,,,� .,a ��n •�� �� � ,
., ,.~�.,... ._��J�::.� � ^, ^
2. Pressure wash patio and tent slab prior to season use.
I3. . moved to Quarterlv.
Periodic
Range hood, baz, and refrigerator to receive normal periodic maintenance and on as-
needed basis as per manufacturer's specifications.
Page 4 of 4
I }I;'Dc�utyCit�Clcrk',_Agcnda��g�miia?O15'.03__Marcli;3A�015_Conccssignai;cP.xhibit,�.-
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CITY OF RENTON COUNCIL AGENDA BILL � �
Subject/Title: Meeting:
Fee Waiver for Liberty Park and Riverview Park REGULAR COUNCIL-09 Mar 2015
Picnic Shelters
Exhibits: Submitting Data: Dept/Div/Board:
A. Issue Paper Community Services
B. Renton Ecumenical Association of Churches Staff Contact:
(REACH) Fee Waiver Request Casey Stanley, NRE Manager, ext. 6624
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $ 0
Amount Budgeted: $ 0 Revenue Generated: $ 0
Total Project Budget: $ 0 City Share Total Project: $ 0
SUMMARY OF ACTION: �
The REACH C�op Hunger Walk is an annual fundraising event and helps provide funding for local agency
programs.This event has benefitted the Renton community for 31 years by providing funds for various
food agencies such as the Salvation Army of Renton, ARISE,The Friendly Kitchen,The Margie Williams
Helping Hands Center, and St. Vincent de Paul Food Bank.
REACH provides valuable resources to those in need. The community will benefit by supporting this
effort.
STAFF RECOMMENDATION:
Authorize the Liberty Park and Riverview Park picnic shelter fee waiver for the CROP Hunger Walk
fundraising event scheduled for May 3, 2015.
�
COMMUNITY SERVICES p ���0� .�
DEPARTMENT �'
M E M O R A N D U M
DATE: March 16, 2015
T0: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Terry Higashiyama, Community Services Administrator
STAFF CONTACT: Casey Stanley, NRE Manager, extension 6624
SUBJECT: Fee Waivers for Liberty Park and Riverview Park Picnic Shelters
Issue•
Should Council authorize the Community Services Department to waive the picnic
shelter fees for the Renton Ecumenical Association of Churches (REACH) CROP Hunger
Walk?
Recommendation:
Authorize the Liberty Park and Riverview Park picnic shelter fee waivers for the CROP
Hunger Wa/k fundraising event scheduled for May 3, 2015.
Backaround:
The REACH CROP Hunger Walk is an annual fundraising event and helps provide funding
for local food agency programs. This event has benefitted the Renton community for 31
years by providing funds for various food agencies such as the Salvation Army of Renton,
ARISE,The Friendly Kitchen,the Margie Williams Helping Hands Center, and St. Vincent
de Paul Food Bank.
' Conclusion:
REACH has provided valuable resources to those in need. The community will benefit by
supporting this effort.
cc: Terry Higashiyama,Community Services Administrator
Kris Stimpson,Community Services Recreation Director
Casey Stanley,Community Services NRE Manager
Jennifer lorgenson,Community Services Administrative Secretary
h:\deputy city clerk\agenda\agenda 2015\03-march\3-9-2015\2015 crop walk ip.doa
�
.�
January 4,2015
City of Renton Parks Department
Re: fee waiver for shelters
Attention: Elane Rosok,Kris Stimpen,and Casey Stanley
Elane,Kris and Casey,
REACH(Renton Ecumenical Association of Churches)has gre$tly appreciated having the
shelter fee waived in past years for the Renton CROP Hunger WALK. We are again
humbly asking for waived fees on the Libertv Park and Riverview Park shelters,on
Sunday, May 3,2015,for the Renton CROP Hunger WALK. The route begins at the Renton
Liberty Park Shelter, goes east along the Cedaz River Trail to Ron Regis Park and returns along
same route to the start. Set-up begins around 11:OOAM and the walk begins at 1:30PM. The
walk ends at 4:OOPM and clean-up ends about 4:30PM or S:OOPM.
This is the Renton CROP Hunger WALK's 32�'walk to help the hungry. We have raised a
total of over$533,000 to help the hungry, of which over$133,000(25%)has been given to
Renton food agencies. Local food agencies CROP will support this year are the Salvation Armv
of Renton.ARISE, Mar�ie Williams Helnine Hands Center, and St Vincent de Paul Food Bank.
The Renton CROP Hunger WALK is one of nearly 1,600 CROP Hunger WALKS in the
USA,through Church World Service(CWS), a non-profit world hunger organizarion. The
Renton CROP Hunger WALK is sponsored by REACH(Renton Ecumenical Associarion of
Churches),which involves local churches and the community.
As in previous years,we will have checkpoints at shelters and canopy shelters. We will be
needing the shelters at Libertv Park and at Riverview Park for checkpoints,which provide
water,snacks,rest points, first aid and calling for needed rides. The past shelter fees have been
graciously waived by the City of Renton. This is so very appreciated, since all the money
the walk raises goes toward the hungry. The sponsoring organization,REACH, receives no
funds from the walk and is on a very low budget for any ezpenses.
Also,Bonnie asked me to mention to you that we will also be using an area next to trail at Ron
Regis Park,where we put up a small canopy for the turn azound checkpoint. This azea is on the
grass between the Cedar River Trail and the Park fence, and just left of the gate going into the
Park. We put the canopy near the fence,to avoid walkers blocking trail.
Thank you for your help.
Sharon Kenyon, Renton CROP Hunger WALK Co-coordinator for REACH
16508 162 Ave S.E.,Renton WA 98058
kenyoni s(d,comcast.nct
425-271-2080 home(if no answer,use cell number)
425-306-7089 (cell)
w
r �ITY OF RENTON
U�'�Y Q�
� � .
•Q��O.�
COMIIAUNITY �ERVICE� QEPARTMENT
FEE WAiVER C1R REDUGTIO►N REQUEST
� Fee Wa'rver and/or Reductian requests wiil be submitted for approval to the Gity Councit
� via the Finance Committee.
I Name af Group: REACH
� Group Contact Ferson: Sharon Kenvon Cantact Number (425) 271-2080
Address: 1 fi508 162"d Ave SE
Email Address: kenvonisCa?comcast.�et
Date of Event: Mav 3. 2015 Number in Party: 250
' Location: On the trail between Libertv Park and Riverview Park
I Type of Event: GRQP Nunaer Wafk
' Staff Contac# Name/Telephane: Gasev 5tanlev ext: fi624
' What is the total cost of the rental and applicable fees? �284.�0
' What is the cost of the fee waiver or reduction requested? $280.OQ
' Describe event and explain why a reduction or waiver of fees wil! benefit the Rentan
citizens:
Thirtvane vea�s of helvina the hunanr. Loca!food aaencies that are
supported in the Citv of Renton are: Salvation Armu, The Friendlv Kitchen, ARISE and
thev're addina additianal aaencies this vear. The Crop Walk raises over�5Q0,000 in
which $125,000 is danated to locat food aaencies.
Staff Recommendation: Yes. this is a Qositive event for the cammunitv.
Council Approvai
cc: �
�1RvFPS-03Wepts�CS\Recreation�Recteation I}irectortAgenda Sili Items\REACi-I Waiver 2015.docx
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CITY OF RENTON COUNCIL AGENDA BILL � P
Subject/Title: Meeting:
King County Contract#EM53342 - 2015 Allocation REGULAR COUNCIL- 09 Mar 2015
of Funds
Exhibits: Submitting Data: Dept/Div/Board:
A. King County Funding Allocation Letter Fire & Emergency Services
B. Allocation Matrix
Staff Contact:
Deputy Chief Erik Wallgren, ext. 7084
Recommended Action:
None; Information Only.
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ 1,254,004
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Council approved the 2014-2019 Basic Life Support (BLS) senrices contract on 1/27/2014. The
distribution of funding is the annual entitlement of the 2014-2019 King County Levy funded from real
property taxes. King County no longer requires an amendment to the original contract to receive
the allocated funds.
For 2015, the City of Renton's total allocation is$1,254,004 (City of Renton - $936,406; KCFD#25 -
$107,241; and KCFD#40-$210,357). The City will be paid the total amount and the two District
contracts will be reduced by their portion in 2015.
STAFF RECOMMENDATION:
N/A
3
Eme�rgenry Medica!Services Divtsian �
Public Health��„� �
401 FRh Avenue,Sufte 1200 '�
Seattle,WA 98104-1818 Seattle &King County`� �
206-296-4693 Fax 206-296-4866 �
TTY Relay:711
www.kingcounty.gov/health {�
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December 3, 2014
Chief Mark Peterson
Renton Fire Department
1�55 S Grady Way, 6th FI
Renton,WA 98055
RE: Contract EMS 3342-2015 Allocation of Funds
Dear BLS EMS Agency:
In accordance with Section lll Compensation and Method of Payment of your Contract,
this letter serves to notify your agency of your allocation for 2015. As identified in the
EMS 2014-2019 Strategic Plan the BLS annua(a!(ocation is determined by"adding the
proportion of the total increase, 50% based on assessed valuatian and 50% based on
call volumes, to the previous year's allocation." For 2015 your a(location is detemnined
to be $1,254,004.
Just as a reminder, new to your contract, is a submission of a year-end report (see
attached). Your 2014 report will be due prior to March 31, 2015.
Please note, you are no longer required ta submit a new contract application, however
in order to be reimbursed, you must submit invoices using the attached form which
must reflect actua! expenditures. Reimbursement for your expenditures may occur as
prescribed in the Contract by sending an invoice to Mary Won at the address below:
401 5�'Ave, Ste 1200
Seattle,WA 98104
For questions, please contact Felisa Azpitarte at(206)263-8549.
Sincerel ,
��,�che(� � 1aYd e. -�,r �►�, �-�)
Jim Fogarty, EMS Division Director
Attachments
1
` �
4
20'E5 BLS Attocations �
� I
I
Beitevue Fire Department $2,139,517 $2,061 r945 - 3.8% �
Eastsrde Fire&Rescue $1,45T,559 $1,416,191 2.9°/a
Redmand Fire�epartment $977,958 $943,111 3.7% �
Kirkland Fire Department $903,169 $87Q,877 3.7%
Kenf Regional Fire Aufhority* $1,308,628 $1,261,773 3.7% �
SeaTac Fire Depar�ment� $382,770 $379,186 3.1°� '
Soufh King Fire &Rescue $1,386,640 $1,342,903 3.3%
Rentan Fire Department $936,406 �901,567 3.9%
Fiie District#25 $107,241 $104,9T2 2.2°!n
� Fire District#40 $210,357 $205,856 2.2%
1UEercer{sland Fice Department $425,735 $411,963 3.3% �
Woadir�vitle Fire&Rescue $533,266 $518,744 2.8°l0 �
Valley Regiona) Fire Authority $�87,029 $760,819 3.4°l0
Shareline Fiee Qepartment $661,817 $640,781 3.3°l0 �
Fire District#2{Burien) $423,'�85 $408,656 3.6°l0 �
Fire District#'t6-Northshore $363,4fi4 $351,604 3.4°l0
Tukwi}a Fire Department $4Q5,792 $382,368 3.4°l0 •
Fire Dis#rict#43-Maple VaEley $438,223 $428,76"I 2.2°!0
Bothell Fire Department $360,332 $352,766 2.4°!0
Fire DistriGt#13-Vashon/Maury $197,337 $192,974 2.7°Io
Fire Distr`sct#44- Mountain View $3Q4,253 $299,405 1.6°to
City of Black Diamond $55,302 $54,'t87 2.1°l0
5noqualmie Fire Department $98,478 $94,244 4.5°l0
Enumclaw Fire Depar#ment $3Q3,367 $297,342 2.0°ta
Fire Dist�ict#45-DuvaH $160,332 $156,82Q 2.2°10
Fire District#1'1 -Narth Hightine $444,267 $434,354 2.3°l0 . -
Fire District#20 $186;650 $181,847 2.6°to
Fire District#27 $101,895 $99,628 2,3°ta
Fire D'[stricf#47 $24,263 $23,902 1.5°l0
Fire District#50-Skykomish $45,607 $44,845 1.?%
Fire District#51 - Snc�qualmie Pass $26,605 $26,325 1.1%
`Singte can#ract under Kent RFA
.
,
;�s
CITY OF RENTON COUNCIL AGENDA BILL f
- i -
Subject/Title: Meeting: �
Agreement for Award of Flood Reduction Grant REGULAR COUNCIL-09 Mar 2015
Funds Between the City of Renton and King
County (Award No. 4.14.07) for the Maplewood
Creek Stormwater Outfall Improvements Project
Exhibits: Submitting Data: Dept/Div/Board:
A. Issue Paper Public Works
B. Agreement for Award of Flood Reduction Grant
Funds Staff Contact:
Ron Straka, Surface Water Engineering Manager,
e�. 7248
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 586,918 Transfer Amendment: $ N/A
Amount Budgeted: $ 625,000 Revenue Generated: $ 200,000
Total Project Budget: $ 625,000 City Share Total Project: $ 386,918
SUMMARY OF ACTION: �
The City of Renton has been approved to receive $200,000 in grant funds by the King County Flood
Control District Board of Supervisors for the construction of the Maplewood Creek Stormwater Outfall
Improvements Project. The project consists of replacing two aging and failed stormwater outfalls with a
new outfall that will discharge to Maplewood Creek. Both outfalls convey runoff from the Heather
Downs subdivision to the east, down a steep ravine to Maplewood Creek.The failed outfalls have
collapsed due to failure of the pipe joints resulting in significant erosion along the ravine slope in the
vicinity of the outfalls.The new outfall will reduce further erosion of the ravine slope and improve water
quality of Maplewood Creek.
Funding for the Maplewood Creek Stormwater Outfall Improvements Project is included in the 2015
approved Surface Water Utility Capital Improvements Program budget (427.475480).The total 2015
project budget, including the proposed 2014 carry forward and 2015 first quarter budget adjustments, is
$625,000 to complete the design, permitting and construction.The City's contribution to the total
project cost is approximately$386,918.
STAFF RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute the King County Flood Control District
Agreement for Award of Flood Reduction Grant Funds between the City of Renton and King County, in
the amount of$200,000 in grant funds, for the construction of the Maplewood Creek Stormwater Outfall
Improvements Project.
PUBLIC WORKS DEPARTMENT +�raf
� �' �O� '''�'
M E M O R A N D U M
DATE: February 27, 2015
T0: Ed Prince, Council President
Members of the City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman,Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Manager,x7248
Allen Quynn, Surface Water Utility Engineer, x7247
SUBJECT: Agreement for Award of Flood Reduction Grant Funds
Between City of Renton and King County(Awa�d No.4.14.07)
for the Maplewood Creek Stormwater Outfall Improvements
Project
ISSUE:
Should Council authorize the Mayor and City Clerk to execute the King County Flood
Control District Agreement for Award of Flood Reduction Grant Funds between the City
of Renton and King County to provide $200,000 in grant funds for the construction of
the Maplewood Creek Stormwater Outfall Improvements Project?
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute the Agreement for Award of
Flood Reduction Grant Funds between the City of Renton and King County to provide
$200,000 in grant funds for construction of the Maplewood Creek Stormwater Outfall
Improvements Project.
BACKGROUND:
On September 29, 2014, the King County Flood Control District Board of Supervisors
approved Resolution No. FCD2014-12.1 awarding the City of Renton a $200,000 grant
for the construction of the Maplewood Creek Stormwater Outfall Improvements
Project.
The proposed project will replace two aging and failed stormwater outfalls with a new
outfall that will discharge to Maplewood Creek. Both outfalls convey runoff from the
Heather powns subdivision to the east, down a steep ravine to Maplewood Creek(see
attached vicinity map). The failed outfalls have collapsed due to failure of the pipe
joints resulting in significant erosion along the ravine slope in the vicinity of the outfalls.
Ed Prince,Council President �
Page 2 of 2
february 27,2015
Replacing these outfalls is a priority as continued exposure of the ravine slope to storm
runoff from these outfalls will further destabilize the remaining sections of pipe
resulting in more erosion, increased landslide risk, increased sediment loading and
continued water quality problems in Maplewood Creek.
The new outfall will improve water quality by reducing erosion of the ravine slope in the
vicinity of the failed outfalls and subsequently reduce sedimentation discharge in
Maplewood Creek.
The project will be funded through the approved Surface Water 2015 Capital
Improvement Program Budget (427.475580). The 2015 project budget, including the
proposed 2014 carry forward and 2015 first quarter budget adjustments, is $625,000 to
complete the design, permitting and construction. The total project cost is estimated to
be$586,918,which includes approximately$52,000 in staff costs,$1,500 for purchase
of a maintenance access easement, $133,418 in engineering design costs and $400,000
in estimated construction costs. The King County Flood Control District flood reduction
grant of$200,000 will fund half of the estimated construction cost. Including the grant,
the City's share of the total estimated project cost is$386,918. The awarded grant
amount of$200,000 represents 34%of the total project cost.
Completion of the design is scheduled for May 2015 with construction occurring during
the summer of 2015.
CONCLUSION:
It is recommended that Council authorize the Mayor and City Clerk to execute the King
County Flood Control District Agreement for Award of Flood Reduction Grant Funds
between the City of Renton and King County in the amount of$200,000 in grant funds
for the construction of the Maplewood Creek Stormwater Outfall Improvements
Project.
Attachments
cc: Lys Hornsby,Utility Systems Director
Hai Nguyen,ASD Budget Analyst
Tracy Schuld,ASD Budget Analyst
H:\Deputy City Clerk�Agenda\Agenda 2015\03-March\3-9-2015\Issue Paper Grant Acceptance.doc�AQtp
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- - i. 1 t
I AWARD NUMBER:4.14.07 �
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and City of
Renton (referred to herein as "Recipient"), for the purposes set forth herein. This Agreement
shall be in effect from the date of execution to March 31, 2016.
SECTION 1. RECITALS
l.l Whereas,the King County F1ood Control District("District")is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and ;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement("ILA")by and between King County and the District,dated
February 17,2009,as amended, and as service provider implements the District's annual
work program and budget; and
13 Whereas,on November 11, 2013,the Board of Supervisors of the District, the District's
governing body,passed Resolution FCD2013-14 which authorizes an allocation
of$2,666,329 from the District's budget for the Flood Reduction Grant Program; and
1.4 Whereas,on September 29, 2014 the King County Flood Control District Board of
Supervisors passed Resolution FCD 2014-12.1, which established criteria for awarding
grants under the allocation of$2,666,239 from the District's budget,and approved funding
for the projects described in Attachment A to that Resolution;and
1.5 Whereas, in accordance with the terms of Resolutions FCD2013-14 and FCD 2014-12.1,
and in its capacity as service provider to the District, King County has established a
grant award pragram,called the Flood Reduction Grant Program,to fund projects
consistent with Section 1.4 above;and
1.6 Whereas,the Recipient has previously submitted an application for a project to King
County in accordance with the F1ood Reduction Grant Program Policies and Procedures,
a copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference ("Grant Policies and Procedures");and
1.6 Whereas the District's Boazd of Supervisors approved funding of Recipient's application
for the project, as described in Attachment A to Resolution FCD2014-12.1 in the amount
of $200,000("Award"); and
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
Pagelofl4
incorporated herein as Exhibit B("Scope of Work"),and the Budget, attached hereto and
incorporated herein as Exhibit C("Budget"),are consistent with the Grant Policies and
Procedures;and
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
� SECTION 2. AGREEMENT
' 2.1. The Recitals are an inte ral art of this A reement and are inco orated herein b this
g P g �P Y
reference.
2.2. King County agrees to award the Recipient an award in the total amount of$200,000
from District funds(the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference,contains a description of the
Project as described in Attachment A to Resolution FCD2014-12.1. King County shall
pay the Recipient in accordance with the Grant Policies and Procedures.
2.3. The Reci ient re resents and warrants that it will onl use the Award for the Sco of
P P Y Pe
Work of this Agreement and in accordance with the Project Budget.The Recipieni shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further,the Recipient agrees to return to King
County any portion of the Award that is not expended or remains after completion of the
Scope of Work.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1)they have been identified by
Recipient as being within the scopes of nos. 2)and 3)below,and have been approved by
the County as being within such scopes;2) The activities are specified in the Scope of
Work of this Agreement; 3)the expenses are incurred in carrying out the Scope of Work
and are authorized by this award as identified in the Budget of this Agreement;4)such
activities and expenses otherwise comply with all other terms of this Agreement;and 5)
reimbursements shall be paid to the Recipient only after this Agreement has been fully
executed.
2.5. The Recipient shall invoice King County for incuned expenses using the Request for
Payment form and Progress Report, attached hereto and incorporated herein as Extubit
D,for those documented and allowable expenses identified in the Budget and according
to the rules set forth in the Grant Policies and Procedures. A progress report(with or
without a request for payment)shall be made no less frequently than every six months
after the effective date of this Agreement nor more frequently than every three months
after the aforementioned date. Advances are allowable only for anticipated expenses to
Page 2 of 14
be incurred in the next thcee months from the date of submission of the Request for
Payment for work that is included in the Scope of Work of this Agreement, and identified
as such in the Request.Documentation of payments made from advances shall be
submitted to King County prior to any further requests for payment. No advances shall
exceed 80%of the total Awazd.The final request for payment shall be submitted with the
Final Report described in Section 2.5 of this Agreement and shall be no less than 20% of
the Award.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty(30)days after the completion of the work and submit a Close-out RepoR,
the form of which is attached and incorporated herein as Exhibit E to this Agreement.
The final report shall, among other things, summarize the project's successes and shall
address the watershed benefits accomplished by the work in a format provided by King
County for this purpose as set forth in the Grant Policies and Procedures.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested,the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures aze tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles further described in Section 2.8.
below and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington("BARS")or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Boazd.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals,to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.1 l. The Recipient shall ensure that all work performed by its employees,agents,contractors
or sabcontractors is perfonned in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify,defend and hold harmless King County, and the
District,their elected or appointed officials,employees and agents,from all claims,
Page 3 of 14
,
alleged liability,damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient,its employees, agents,contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the paRies hereto and
their respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the '
subject matter hereof. No prior or contemporaneous representation, inducement,promise
or agreement between or among the paRies which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The
parties contemplate that this Agreement may from time to time be modified by written
amendment which shall be executed by duly authorized representatives of the parties and
attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than March 31, 2016. In the event that the
Project is not completed by this date, King County has the discretion,but not the
� obligation, to terminate this Agreement and request and receive any unexpended Awazd
funds that may be held by the Recipient.
3.6. This Agreement may be signed in multiple counterparts.
I 3.7. If any provision of this Agreement or of any other agreement,document or writing
pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law,said provision will be ineffective to that extent only,
without in any way affecting the remaining parts or provision of said agreement,provided
that the remaining provisions continue to effect the purposes of this Agreement.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County's obligations aze contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
Page 4 of 14
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of October 24,2014.
KING COUNTY: RECIPIENT:
By . BY �
Name Narne Renis Law
Title Title Mayor
Date . Date
Attest to:
Jason Seth,City Clerlc
Fage 5 of 14
EXHIBIT A:Project Description
City of Renton $2pp,ppp
EXHIBIT B:SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES
0 Apri120i4
February 2015
tonstrodion 100X Ju�e 2015- '
Contract SZ00,000 December
2015
Page 6 of 14
All documents can be made available in downloadable elect�onic
media or in paper form or both.
City Staff Recipient will manage consultant design contract,construction 0 Jan 2014-
Project engineering management,environmental permitting,grant Pebruary 2016
Management administration,and easement acquisRion.
Permits/ State all required projed permits and authorizations(including May 2014-
permission right-of-way access)as follows: February
(if applicable) Name of permit,issuer,recipient,purpose and inclusive dates. If 2015
no permits or authorizations are required,state that none
required.
Environmental Determination/City of Renton/City of 0
Renton/SEPA/No inclusive dates,
Critical Area Exemption/City of Renton/City of Renton/project is
exempt from restriction in critical areas of the City/5 years from
date of decision.
The expectation is that the project will be constructed in a way to
avoid impacts to critical areas. In the event that the project wili
involve work in critical areas some or all the following permiu will
be�equfred:
HPA/WDFW/City of Renton/work within the OHW of Maplewood
C�eek/valid during project construction period.
Sedion 401/DOE/City of Renton/water quality certification/valid
during project construction period.
Section 404 or Nationwide permit/USACE/City of Renton/fill or
Dredge within waters of the US/valid during project construdion
period.
ESA Consukation/NOAA Fisheries/Clty of Renton/petermine if
project will impact endangered species(prepare BE/BAj
Culturel Resources/Historic Preservation Ad/SHPO/City of
Renton/Determine if project will impact cultural resources or
areas of historical signi�cance.
Easement/PID 2816300100/City of Renton/Construction and
maintenance auess easement/valid in perpetuity.
Credits As part of your projed deliverables,provide a plan of how,where June 2015-
and whpn this grant will be acknowledged. December
The proJed design and specifications will include a project 2015
construction sign to be erected once construction begins that will
include the funding source(KCFD)and grant award amount.
Additionally,KCFD will be recognized on the City project website
once the construction contract is awarded.
TASK 5 Submit a final report and the financial closeout documentation no � March 2016
Final report later that 30 days aRer the end date of the project.
Page 7 of 14
EXHIBIT C:BUDGET
BUDGET REM TOTAL
$533,418 200,000 $333,418 $333,418
Page 8 of 14
EXHIBIT D:REQUEST FOR PAYMENT AND PROGRESS REPORT
K�Nc couNn �
�� CO�� Water and Land Resources Division
D I S T Il I C T River and Floodplain Management Section King County
� KING COUNTY FLOOD REDUCTION GRANT PROGRAM Payment Request �
Date Request number
Recipient Name
Contact Name
Phone
Address 1
Address 2
City,State,Zip Code
Request# Dates (beginning&end date for this claim)
Instructions: Complete this spreadsheet and attach your financial/accounting system reports to document all expenses
PROJECT NAME PROJECT CODE
Budget Line Item
(From Exhibit e Amount of all Balance
Budget) Budgeted Current Request P�evious Requests Remaining
I I I I Is - �
I I I I Is - �
I I I I Is - I
I I I I Is - I
I I I I Is - I
I I I I Is -
I TOT,�: I S - I S - I S - I S - �
Amount from Current Request above requested as an advance � �
EXPLANATION:
Page 9 of 14
KING C�u� �
��D CO�� Water and Land Resources Division
D I 5 T R I C T River and Floodplain Management Section King County
� FLOOD REDUCTION GRANT PROGRESS REP�RT �
Date O1/00/00
PROIECT 0
PROIECT NUMBER 0
Recipient Name 0
Contact Name 0
Phone 0
Address 1 0
Address 2 0
City,State,Zip Code 0
Request# 0
Dates (beginning&end date for this
claim) 0
DELIVERABLES: Progress/Status/percentage completed(note
SCOPE OF WORK REM approximate or actual dates)
1)
2)
Page 10 of 14
3) �
4)
5)
Add more pages if necessary
Please mail or e-mail all documents to:
Maureen Dahlstrom
Water and Land Resources Division
Department of Natural Resources and Parks
K5C-N R-0600
2015outh Jackson
Street,Suite 600
Seattle,WA 98104-3855
Maureen.dahlstrom(a�kinacountv.aov
206-477-4777
Page 11 of 14
EXHIBIT E
CLOSE-OUT REPORT
Recipient �
Project title �
Project start and end dates �
Total award � $
Total spent � $
Amount due at close-out � $
Total unspent � $
Submit the following:
PROGRAMMATIC CLOSE-OUT
❑
CONTINUED
Page 12 of 14
� King County Flood Reduction Grant Program Fiscal Close-Out �
Date
Recipient Name
PROJECT
PROJECT NAME 0 CODE 0
AWARD
Budget line Item Amount of all
(From ExhibR B Budget) I Budgeted I Previous Requests Balance Forfeited
IS - I IS -
Is - I Is - I
Is - I Is -
Is - I Is - j
Is - I Is - I
Is - I Is - I
Is - I Is -
I Is - I Is -
I Is - I Is -
� TOTALS: I S - I 5 - I S -
MATCH
� Item � Budgeted � Actual I Balance � Source �
I I I Is - I
I I I Is - I ,
I I I I s - I ,
I I I I s - I l
I I I I s - I
I I I Is - I
I I I I s - I I
I Is - Is - Is - ! �
NOTES
CONTJNUED
PROVISIONS
Page 13 of 14
By signing this financial CLOSEOUT, I , an authorized representative of the
above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and
that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind
contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT
between RECIPIENT and King County(COUNTY).
I hereby acknowledge that there are no further expenses associated with this projed,nor any pending or future
claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment 8
(Budget}ot the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT
including,but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated
according to the terms of the AGREEMENT and the right to examine records. I further understand that the
COUNTY,upon examining the financial close-out and the final report submitted by the RECIPIENT will determine
the amount of the balance due to the RECIPIENT.
SIGNED DATE
�Approved fo�Close-Out �Not approved for close-out
EXAMINER SIGNATURE: DATE:
Notes:
END OF EXHIBIT E
Page 14 of 14
.
i st �t� ��
�
. 3IZ�,�
����ES��� ����kC-�'�
CITY OF RENTON, WASHINGTON /
PJ � �
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE)
OF THE RENTON MUNICIPAL CODE, BY CLARIFYING AND UPDATING NUISANCE
DEFINITIONS AND REGULATIONS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 1-3-3.A, Purpose, of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows:
A. Purpose: Unlawful, unkempt, unsafe, unsanitary, improperly maintained
premises, properties, sidewalks and easements, premises where illegal and/or
code violating conduct occur, and nuisances and chronic nuisance properties
within the City, create potentially grave habitability, health, safety, sanitation,
and welfare concerns for the City, its residents and guests, and for the value and
economic well-being of the premises and properties and premises and/or
property owners in Renton.
These nuisances are a financial burden on the City because repeated calls
for service, complaints or requests for investigations and/or inspections of
suspected nuisances require the time and resources of the City administration,
the Renton Police Department, the City Attorney Department and the court.
Therefore, it is the purpose and intent of the City, in enacting this Chapter, to
ameliorate nuisances and hold those persons responsible criminally and
financially accountable.
1
ORDINANCE N0. �
�
The purpose of this Chapter is to provide the City's representatives with
the necessary powers to prevent, remedy and/or abate nuisances and to charge
those responsible for the abatement costs. This Chapter is a reasonable and
proper exercise of the City's police power with a rational relationship toward
fosterin� or preservin� the public peace, safety, health, morals or welfare �
�,.,,.,�,��,,..� ..,:.� .,.,,� .,
.... ...... .._ . , .
���, ��� ��^; ^�� � '�' O°' �'���`►, and it shall be liberally construed to effect '
this purpose. This Chapter's remedies are not exclusive and remedies available i
under federal, state or local law may also apply. II
Consistent with RCW 35.80.030(7) (entitled Permissible Ordinances —
Appeal), the City of Renton is (a) prescribing minimum standards for the use and
occupancy of dwellings throughout the municipality�e��, (b) prescribing
minimum standards for the use or occupancy of any building, structure, or
premises used for any other purpose, (c) preventing the use or occupancy of any
dwelling, building, structure, or premises, that is injurious to the public health,
safety, morals, or welfare, and (d) prescribing punishment for the violation of
any provision of such ordinance. Renton's authoritv includes but is not limited to
RCW 35A.21.160 which �rants to code cities "all of the powers of which anv citv
of anv class mav have" and RCW 35.22.280130) which permits a citv to declare
and abate nuisances, and to impose fines upon those responsible for nuisances.
SECTION II. Subsection 1-3-3.B.1, "Abate", of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows:
2
� ORDINANCE NO.
1. "Abate" means to clean, eliminate, remove, repair or otherwise
remedy a condition that amounts to a nuisance under this Chapter by such
manner, means, and to the extent as an Administrator or law enforcement
officer determines is reasonably necessary to protect the general health, morals,
safety and welfare of the City of Renton, and/or its citizens or�uests.
SECTION III. Subsection 1-3-3.B.4, "Calls for service", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
4. "Calls for service" means calls or communications to 911, including
but not limited to Valley Communications, and/or calls or communications
directly to the Renton Police Department or one of its officers, or the viewing of
an offense by an officer. Calls for service, as that term is used in the definition of
"chronic nuisance premises," does not include incidents that have no nexus to or
that are unrelated to the chronic nuisance premises, its resident(s), owner(s),
guests, patrons, or calls for general information.
SECTION IV. Subsection 1-3-3.B.5.b, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
b. Any action against a "chronic nuisance premises" and/or its
owner, managing agent or person in control for a violation under st.+�sec�ie+�
RMC 1-3-3.6.5.a.i ^{*"�< <^�+�^^ does not preclude the use of those nuisances or
criminal activities to find a violation of sa�see�+s� RMC 1-3-3.B.5.a.ii or iii e€-##i�s
�ec-�+e�; and a violation under ����� RMC 1-3-3.B.S.a.i and/or ii e#-�#i�s
�ec-�+e�does not preclude the use of those nuisances or criminal activities to find
3
_ ___ .
ORDINANCE NO. �
a violation of ����;o,� RMC 1-3-3.B.5.a.iii ^{*'�;� �^�*�^^ as long as all of the
nuisances or criminal activities occurred during the app�icable time period. If any
of the incidents that make up a "chronic nuisance" constitute a criminal offense.
the incident mav be char�ed separatelv as a criminal offense.
SECTION V. Subsection 1-3-3.6.6, "Criminal violation", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
6. "Criminal violation" means any violation punishable under RCW
9A.20.021(2) o r (3) f����p���-fer�ra rr�es Ee�m i��e���a 1�g84, a r�
��.,� ,+ ,. .,��., „ ;�+� „ � �,,.,,-,�,,. -, .,a„a
SECTION VI. Subsection 1-3-3.B.10, "Drug-related activity", of Chapter 3, Remedies
and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
10. "Drug-related activity" means any activity at a premises that
violates Chapter 69.41 RCW (Legend Drugs), Chapter 69.50 RCW (Uniform
Controlled Substances Act), Chapter 69.51A (Medical Marijuana) or 69.52 RCW
(Imitation Controlled Substances), Chapter 69.53 RCW (Use of Buildings for
Unlawful Drugs) or any applicable federal, state or local law regulating the same
general subject-matter, , �+ � �*'�• ^ ��+� ^ � "�~^,��~ , ~a��'
SECTION VII. Subsection 1-3-3.B.11, "Emergency", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
11. "Emergency" means any situation which an Administrator or law '
enforcement reasonably believes requires immediate action to prevent or
eliminate an immediate threat to public health, morals, safety, or welfare of
4
, ORDINANCE N0.
persons or property in the City of Renton, or to evaluate a condition immediatelv
after a life-threatenin�or actual loss of life situation has occurred. '
SECTION VIII. Subsection 1-3-3.6.13, "Gross misdemeanor", of Chapter 3, Remedies '
and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: '
13. "Gross misdemeanor" means any criminal violation punishable
under RCW 9A.20.021(2), ,� �+ ^ ~+'„ � ;�+� ^ � "^r^,�+^~ , ^,�^a
SECTION IX. Subsection 1-3-3.B.17, "Misdemeanor", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
17. "Misdemeanor" means any criminal violation punishable under
RCW 9A.20.021(3), .,� :. ,. .,+�., „ ;�+� � � �,,.,,.,�,,. ., .,a„a
SECTION X. The first sentence of subsection 1-3-3.B.19, "Nuisance", of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
19. "Nuisance" (a;�e--Fe#c�red t�s—#e�=�� or "nuisance violation")
means but is not limited to:
SECTION XI. Subsection 1-3-3.6.19.d, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
I d. Violation of any section of the RMC identified as unlawful and/or
a nuisance under Development Regulations (RMC Title IV), Finance and Business
Regulations (RMC Title V), Police Regulations (RMC Title VI), Health and
Sanitation (RMC Title VIII), Public Ways and Property (RMC Title IX), Traffic (RMC
5
ORDINANCE N0. ,
Title X), or public health or morals ordinance or criminal law� '+�����^^*'., ^�'�+�
�.a �,,.,,.,r+„ ..a„a.
,
SECTION XII. Subsection 1-3-3.6.19.e, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
e. Anything defined by RCW 7.48.140 (Public nuisances
enumerated), Chapter 7.48A RCW (Moral nuisances), or which constitutes a
misdemeanor under RCW 9.66.010 (Public nuisance) or RMC 6-18-11 (Breach of
the Public Peace), , �* ^ ^*'., ^ ��*� ^ � "�-^,�*^- , �a^a;
SECTION XIII. Subsection 1-3-3.B.19.g.iii, Dumping in Waterways, of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
iii. Dumping in Waterways: Any violation of RMC 6-14-10 (Litter
in Lakes and Fountains), WAC 332-30-117.6 (Waterways), WAC 332-30-139.3
(Marinas and moorages), WAC 332-30-163.9, 10 and 13 (River management),
WAC 332-30-166.1 and 2 (Open water disposal sites), WAC 332-30-171.4
(Residential uses on state-owned aquatic lands), or any dumping of materials,
waste, chemicals, or other substances in or near waterways, ,� �+ ,.,,..,,.,+�., �.,:�+�
,,.. :� w,,.,,.,�+,,. ., ..a,,,�.
, . .
SECTION XIV. Subsection 1-3-3.B.22, "Person in control", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
22. "Person in control" means any person who possesses;or has control
over the premises, or who is responsible for creating, maintaining or permitting
6
. ORDINANCE NO.
, the nuisance, whether as owner, tenant, occupant, or otherwise. There may be
more than one person in control for purposes of this Chapter. ("Possess" in this
context means to live in, or stay at a premises, and/or to literally possess or have
their name on a title, deed, mortgage or an agreement related to the
premises.) If the person in control is not the le�al owner, the person in control
and owner are both iointly liable for anv chronic nuisance. Both the owner and �,
person in control are subiect to the provisions and remedies of this Chapter. �
Application of this Chapter against one partv does not preclude application to II
another party who is an owner or person in control of a chronic nuisance,
premises. There is a qresumption that a person in control is aware of or has
knowled�e of the condition at a premises as well as whether there are anv
nuisances or chronic nuisances at the premises. This presumption maV be,
rebutted bv substantiated proof of a serious incapacitatin� health concern or
serious mental defect.
SECTION XV. Subsection 1-3-3.6.27.a, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
a. Which has been damaged, or is decaying or falling by:
i. Any cause including but not limited to fire, uncommon neglect,
water, weather, or earth movement, �eneral disrepair. instabilitv, structural
defects, defects increasin� the hazards of fire. accidents. or other calamities,
inadeauate ventilation and uncleanliness. inadequate electrical, natural �as,
water or sanitarv facilities, inadequate draina�e, overcrowdin�. and
7
ORDINANCE N0. �
ii. Which is not fit for occupancy, or
iii. Due to other conditions which are inimical to the health and
welfare of the Citv of Renton's residents.
SECTION XVI. Subsection 1-3-3.B.27.f, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is deleted in its entirety.
SECTION XVII. Subsection 1-3-3.C.1, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
1. In control of a premises to permit, suffer, maintain, carry on or allow
upon such premises or any portion of the premises�#e�ee�:
a. A nuisance; or
b. A chronic nuisance premises.
,
�h-Fo^;��'��o,^-,�@.--8���h���—o;o n er a���ef-�e n I Cl cA Il�f 6� c'rFc—SHv7@E�--���iC
:.� .-.�...+�.�.I .�.��, .,4,..,.,�., ..
SECTION XVIII. Subsection 1-3-3.D, Prosecution and Penalties, of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
D. Prosecution And Penalties: When an Administrator or law enforcement
officer in consultation and with the approval of �the City Attornev's Office
�ef determines that a nuisance, chronic nuisance. or chronic nuisance
8
ORDINANCE NO.
premises exists, �:- •."�+ � ��~^~�� ~ ^ that also constitutes
criminal conduct has occurred or is occurring, the City may issue a criminal I
citation to the person in charge of the chronic nuisance property and or to any
person involved in the chronic nuisance or nuisance. '{ *"� ����^^ �^ �",�^^ ;�
�w, +�.� '�
... ....... ,.... � � �
,
�I�r�;sa,�E� ^�-m,�-:����:w:;^�! �W�ges-aga;T,�t���se�{�-.,�-+n �harg�The City
prosecutor's approval shall not be an element of the offense or a basis for
appeal.
1. The City may issue a criminal citation when appropriate, including but
not limited to the following circumstances:
a. When an emergency exists; or
b. When a chronic nuisance occurs; or
c. When the nuisance cannot be quickly remedied by voluntary
correction; or
d. When the person in charge knows or reasonably should have
known that the nuisance violates a City rule, regulation or ordinance; or
e. The person in charge refuses to communicate, cooperate with the
City in correcting the nuisance, or is unavailable to the City-; or
' f. When a nuisance that constitutes a crime has occurred or is
occurrin�.
9
ORDINANCE NO. �
2. The violation of any of the provisions listed above is a misdemeanor
and may result in criminal prosecution in addition to possible administrative or
civil penalties or costs.
3. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision of the RMC
is committed, continued, or permitted by any such person, and such person shall
be punished accordingly and to the full extent of the law.
a. The first criminal violation shall have a mandatory minimum
sentence of five (5) days in jail without the option of electronic home detention,
and the minimum penalty for the first violation shall be five hundred dollars
($500), not including costs, court costs, fees, and assessments; however, if such
person brings the property into full compliance as determined by the prosecutor,
the court shall have the authority, at the prosecutor's request, to impose a
deferred or suspended sentence in lieu of the mandatory minimum sentence of
five (5) days in jail;
b. The second criminal violation shall have a mandatory minimum
sentence of fifteen (15) days in jail without the option of electronic home
detention, and the minimum penalty for the second violation shall be six
hundred twenty-five dollars ($625), not including costs, court costs, fees, and
assessments;
c. The third criminal violation for any individual shall have a
mandatory minimum sentence of thirty (30) days in jail without the option of
10
; ORDINANCE N0.
electronic home detention, and the minimum penalty for the third violation shall
be seven hundred fifty dollars ($750), not including costs, court costs, fees, and
assessments; and
d. All other criminal violations shall have a mandatory minimum
sentence of forty-five (45) days in jail without the option of electronic home ��
detention, and the minimum penalty shall be one thousand dollars ($1,000), not I�',
including costs, court costs, fees, and assessments.
4. Penalties Against The Person In Control: A person in control of a
premises, includin� but not limited to landlords, propertv owners, business
owners, and propertv mana�ers, shall ensure that +t�the premises„ rental or
leased property is not used for criminal conduct. The failure to eliminate or
prevent chronic criminal conduct or chronic criminal use of a premises
committed by a tenant, guest, owner or a person in charge on premises may
result in a criminal citation to the owner and/or person in control. A person in
control of a premises is presumed to know what is occurrin� in, on, or around
the premises. Additional notice is not required. However, if a person in control
is notified by the City or by law enforcement that criminal conduct has occurred
on the premises, the person in control shall take reasonable steps to reduce the
likelihood that criminal conduct will reoccur on the premises.
a. When possible, notification should include the following:
i. The name and address of the person in control;
11
ORDINANCE NO.
ii. The name e�s of anv�#e person��s-rnr�e responsible
for the nuisance;
iii. The day(s) of the nuisance;
iv. The street address or other description sufficient for
identification of the premises or property upon or within which the nuisance has
occurred or is occurring; and
v. A concise description of the nuisance and a reference to the
violated law, ordinance, rule or regulation.
vi. A failure to take reasonable steps shall constitute nuisance.
�h� +•�• +• �, •a a �
�n c i i v ci i i ca'ci v i iTi r'a7--o c�i i v�o�a ca ri�rrcn cv ci+C'1�'T1.;177TCT�TpTCCr1TCT7T
effieer ha3 a�-lea��-a rearJe�a�l^ *",+ ,,...,....v! „
ttl'C-F."..::�.",� Y~�'�-
s--N e�i e�i����m e�-�re�i�e� 7P RI.TTC'17FCT7C��rruiiT�crrca�r�c�Tca�
��r-�ifie� rx�a i��e �k�e-la�� IEr�� a��r�Te#�f�e-�er�Pn{s7--i� �haf�e, '�
.,,�i,,.„ „c+�„ .. ..+.,i �,,,,�;.,,, ., ,,..�.,
�. I�-shall �e�-fr�i�der�ea�e�#e�
. ;
:+ ..ii .,i; ..`.. ..�,,.- ,�/.,
+1�$��......, ,... , , ..,,....�... ., ....�......ccTimaTvr'
513E-��—C-d��3�6 F32F�1 EEi-��'1 d�f}�-9 EcaTi ca—v i c"'`'+ ,.I��.�..,. • � I c��
„a +,,.. ��n� „ .,ii.- s,.. ,. ., +�...� w...,,, „ ,,,� ,. :�+ ,�,,.,.,., .,
, .. ......� .....
$' �`-�� �- � .� c ��.+,,.,., ��n� ,,. �� �
6 fl��-}l� F��--cl fl� �I �'1 g �2 ci i o�a�rcccnTrtT-vi�-rrvr�cmiTrvr
servie��h�a�k�a�e eEc-arre� er e�i���aFFr���t�el�k�-r�e��FeFi^a��.
12
, ORDINANCE NO.
;;�A#�er �c+r��e�ar-��;���an ��m i n i�ir�Te r e r�'^�.t
�.,r„ ..+ ,.c�•..
+�:b. It shall be an affirmative defense that the person in controi
must plead and prove beyond a preponderance of the evidence that (a) the
person has taken reasonable steps to reduce the likelihood that criminal conduct
will occur in or on the premises or rental housing or property, as or consistent
with the conditions provided in ��Sec�ie�r-RMC 1-3-3.F.8 ^{ �'��< <^�+�^~, or (b)
had no knowledge of, was not in contempt of court, and will immediately abate '
any such nuisance that may exist.
SECTION XIX. Subsection 1-3-3.F.1, Applicability, of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
, 1. Applicability: After a conviction or finding of guilt for a violation of
this Section of the code or any criminal RCW or RMC code, the City of Renton
may abate or request that the person in control abate the premises. The
conviction or finding of guilt is sufficient to satisfy due process requirements and
to establish that a nuisance+s exists or has occurred at the referenced premises.
SECTION XX. Subsection 1-3-3.F.5, Voluntary Abatement Agreement, of Chapter 3,
Remedies and Penalties, of Title t (Administrative) of the Renton Municipal Code, is amended as
follows:
5. Voluntary Abatement Agreement: It is a contract between the City
and at least one (1) person in control where such person agrees to abate the
13
ORDINANCE N0. .
nuisance within a specified time and according to specified conditions, in
exchange, if successful, for not having a nuisance or criminal action initiated.
SECTION XXI. 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.
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
Date of Publication:
ORD:1851:12/4/14:scr
14
. J i
EXECUTIVE DEPARTMENT p e iryof
���0� ��
M E M O R A N D U M
DATE: March 9, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the following are some items worthy of note for this
week:
• Congratulations to City of Renton's Special Olympics Basketball teams that attended the
Washington State Winter Games in Wenatchee this past weekend. Five Renton teams
participated and won one gold medal,three silver medals and one fourth place finish. The
Specialized Recreation program is supervised by Recreation Coordinator Sean Claggett.
.
RENTON CITY COUNCIL
Regular Meeting
March 9, 2015 Council Chambers
Monday, 7:00 p.m. M I N U T E S Renton City Hall
CALL TO ORDER Mayor Pro Tem Ed Prince called the meeting of the Renton City Council to order
and led the Pledge of Allegiance to the flag.
ROLL CALL OF RANDY CORMAN,Council President Pro Tem;ARMONDO PAVONE; MARCIE
COUNCILMEMBERS PALMER. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL EXCUSE
ABSENT COUNCILMEMBERS RUTH PEREZ, GREG TAYLOR,AND DON PERSSON.
CARRIED.
CITY STAFF IN ATTENDANCE JAY COVINGTON,Chief Administrative Officer; ZANETTA FONTES, Senior
Assistant City Attorney;JASON SETH,City Clerk; MEGAN GREGOR, Deputy City
' Clerk;TERRY HIGASHIYAMA, Community Services Administrator; GREGG
ZIMMERMAN, Public Works Administrator; KELLY BEYMER, Parks&Golf Course
Director;lENNIFER HENNING, Planning Director; COMMANDER KATIE
MCCLINCY, Police Department.
ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative
report summarizing the City's recent progress towards goals and work
programs adopted as part of its business plan for 2015 and beyond. Item noted
was:
� Congratulations to City of Renton's Special Olympics Basketball teams that
attended the Washington State Winter Games in Wenatchee this past
' weekend. Five Renton teams participated and won one gold medal,three
silver medals and one fourth place finish. The Specialized Recreation
program is supervised by Recreation Coordinator Sean Claggett.
CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows
the listing.
Council: Meeting Minutes of Approval of Council meeting minutes of 3/2/2015. Council concur.
3/2/2015
CED: Lodging Tax Advisory Community and Economic Development Department recommended appointing
Committee Appointment Katie Hunter,General Manager of Hilton Garden Inn Seattle/Renton,to the
Lodging Tax Advisory Committee. Council concur.
Lease: RiverRock Restaurant, Community Services Department recommended approval of a six-year Lease&
Northwest Restaurant Concession Agreement transfer,from Barajas Arias, Inc. to Northwest Resturant
Experience Experience,for the RiverRock Restaurant located at Maplewood Golf Course.
Council concur.
Community Services: Fee Community Services Department requested approval to waive picnic shelter
Waiver Request, REACH Crop fees in the amount of$280 for the REACH Crop Hunger Walk fundraising event
Hunger Walk on 5/3/2015. Council concur.
Fire: BLS Annual Allocation of Fire & Emergency Services Department reported that the 2015 Basic Life
Funds Support(BLS) annual allocation of funds is$1,254,004(City of Renton -
$936,406; KCDS#25-$107,241; and KCFD#40-$210,357). Information.
.r
� March 9, 2015 Renton Citv Council Minutes Pa�e 56
Utility: Maplewood Creek Utilities Systems Division recommended approval of an agreement to accept
Stormwater Outfall $200,000 in grant funds from King County Flood Control District for the
� Improvements, Grant construction of the Maplewood Creek Stormwater Outfall Improvements
Project.Council concur.
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
RESOLUTIONS AND The following ordinance was presented for reading and adoption:
ORDINANCES
ORDINANCE#5752 An ordinance was read amending section 1-3-3 of Chapter 3, Remedies and
Attorney: Nuisance Penalties,of Title I (Administrative),of the Renton Municipal Code, by clarifying
Definitions; Code Amendment and updating nuisance definitions and regulations. MOVED BY PAVONE,
SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:
ALL AYES. CARRIED.
ADJOURNMENT MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED.
TIME: 7:05 p.m.
t
Jas n A. S'(eth,�VIC, City Clerk
Megan Gregor, Recorder
March 9, 2015
; •
Council Committee Meeting Calendar
March 9, 2015
March 10, 2015
Tuesday
CANCELED Transportation Committee, Chair Palmer
March 16,2015 •
Monday
CANCELED Public Safety Committee, Chair Pavone
CANCELED Finance Committee, Substitute Chair Pavone
CANCELED Committee of the Whole, Chair Prince
CANCELED City Council Meeting, Chair Prince
March 23, 2015
Monday
3:00 PM Planning & Development Committee, Chair Corman - Council Chambers
1. Vuecrest Appeal
5:00 PM Community Services Committee, Vice Chair Palmer - Council Conference Rm
1 . Farmer's Market SNAP Program briefing
5:30 PM Utilities Committee, Vice Chair Corman - Council Conference Rm
1 . NPDES Phase II Municipal Stormwater Permit & Stormwater Management
Program Plan
2. S. 13 2 nd St. SAD
3. Update on the Natural Yard Care Program
6:30 Committee of the Whole - Conferencing Center, Chair Prince
1 . Regionallssues
Denis Law � f
Mayor Clty �` � 'Sy p
D p~ r�
� a�
� O t �!�ir+ a
..��
i i i ������
City Clerk -Jason A.Seth,CMC
March 10, 2015
Katie Hunter
General Manager
Hilton Garden Inn Seattle/Renton
1801 East Valley Road
Renton WA 98057
Re: Appointment to the Lodging Tax Advisory Committee
Dear Ms. Hunter: i
At the regular Council meeting of March 9, 2015, the Renton City Council concurred in
your appointment to an unspecified term on the Renton Lodging Tax Advisory
Committee (General Manager of Hilton Garden Inn Seattle/Renton), filling a lodging
representative vacancy.
Congratulations on your appointment. Your service on the Committee is sincerely
appreciated and valued by committee members, City officials and staff. If I can provide
additionaf information or assistance, please feel free to contact me.
Sincerely,
l
J son A. Se
City Clerk
cc: Mayor Denis Law
Council President Ed Prince
Chip Vincent, CED Administrator
Judith Subia, Administrative Assistant, CED
April Alexander, Executive Assistant- Mayor Office
1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov
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