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Home My WebLink AboutAgenda Packet for 9/14/2015 '� CITY �F ~ � rl ��1 � AGENDA City Council Regular Meeting 7:00 PM-Monday,September 14,2015 Council Chambers, 7th Floor, City Hall—1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATIONS a) Recovery Month-September 2015 b) Mayor's Day of Concern for the Hungry-September 19, 2015 . c) Childhood Cancer Awareness Month -September 2015 4. SPECIAL PRESENTATION a) WSDOT Presentation: I-405 Renton to Bellevue Express Toll Lanes&I-405/SR 167 Direct Connector Project 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT � Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • The first comment period is limited to 30 minutes. • The second comment period, later on the agenda, is unlimited in duration. • When recognized, please state your name&city of residence for the record. NOTICE to all participants: pursuant to state law, RCW 42.17A.555,campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting,is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion.Any item may be removed for further discussion if requested by a Councilmember. a) Approval of the Council Meeting minutes of 8/10/2015. Council Concur b) Mayor law reappoints Laurie Beden to the Library Advisory Board,for a term expiring on 9/1/2020. Council Concur c) Mayor Law reappoints the following individuals to the City Center Community Pian Advisory Board:Sybil Turner and George Daniels,for terms expiring on 4/30/2018; and Doug Baugh and Jim Stanek,for terms expiring on 4/30/2016. Council Concur d) City Attorney recommends adoption of an ordinance amending RMC 1-3-3.A., Nuisances, to clarify the City's intent that calls to police reporting domestic violence, sex-related offenses, stalking,or any person requiring or requesting medical attention shall not be considered a nuisance or used against a person making such a call. Refer to Public Safety Committee e) City Clerk submits request for partial release of Easement by Paul Ebensteiner of Lozier at Whitman Court, LLC,forthe Whitman Court PUD Townhomes Development located in the vicinity of NE 4th St. and Whitman Ct. NE. Refer to Utilities Committee f) City Clerk submits request for partial release of Easement by Christopher Santoro of I� Reserve at Renton Partners, LLLP,for the Renton Center Senior Living property located at 625 Renton Center Way SW. Refer to Utilities Committee ' g) City Clerk reports the results from the 9/1/2015 bid opening for CAG-15-134- Logan Ave. N-Airport Way to N 6th St. project;and submits the staff recommendation to accept the lowest responsive bid submitted by Johansen Excavating, Inc. in the amount of $4,424,412.72 Council Concur h) City Clerk submits 8/4/2015 Primary Election certification from King County Records and Elections as follows:Council Position No.4—Charles D.Seil 419 votes—5.08%; Ryan Mclrvin 5,034 votes—61.05%NOMINATED; Monique Taylor-Swan 2,741 votes-33.24% , NOMINATED;Write-in 52 votes-0.63%. None; Information Only i) Community&Economic Development Department recommends setting a public hearing on 10/5/2015 to consider approving the 2016 Community Development Block Grant allocation of funds for human services and economic development activities. Council Concur;Set Public Hearing for 10/5/2015 j) Fire& Emergency Services Department recommends approval of an award letter from the Washington State Military Department to accept Department of Homeland Security Emergency Management Performance Grant funds in the amount of$72,093 to support the emergency management program. (See item 9.a.for resolution.J Council Concur k) Police Department recommends approval of a Cost Reimbursement Agreement with the King County Sheriff's Office to receive funds in the amount of$40,298.37 for the purpose of verifying the address and residency of registered sex and kidnapping offenders residing '� within the City limits of Renton. Council Concur - I) Transportation Systems Division recommends approval of Supplement#3 to CAG-13-142, with Perteet, Inc., in the amount of$811,730 to extend the completion date and provide construction management services for the Logan Avenue North (Airport Way to North 8th Street) Improvement Project. Refer to Transportation (Aviation)Committee m) Transportation Systems Division recommends approval of a 35 year land lease of the 820 parcel to Rainier Flight Service, and approve the sublease of the 820 parcel to The Boeing Company under Amendment No. 7 to LAG-10-001.Annual leasehold revenue generated would be$53,555.29. Refer to Transportation (Aviation)Committee n) Transportation Systems Division recommends approval of an amendment to the Boeing Employee Flying Association Lease (LAG-001-87) lease agreement for a land rental rate adjustment from$0.62 to$0.7252 per square foot per year in accordance with a January 2015 lease arbitration decision. Council Concur o) Transportation Systems Division recommends approval of an amendment to the Bosair, LLC Lease (LAG-12-004) lease agreement for a land rental rate adjustment from$0.63 to $0.7252 per square foot per year in accordance with a January 2015 lease arbitration decision. Council Concur p) Transportation Systems Division requests approval of an amendment to the Landing Gear Works, LLC lease (LAG-13-005)to request additional storage space and extend the term of the lease for an additional 12 months, until August 31, 2017;with a net revenue increase of$563.99 per year. Refer to Transportation(Aviation)Committee q) Transportation Systems Division recommends approval of an Operating Permit and Agreement with Aviation Training Center acknowledging a sublease agreement between Bosair, LLC and Aviation Training Center in order for Aviation Training Center to conduct aviation schooling and training. Refer to Transportation (Aviation)Committee r) Transportation Systems Division requests authorization of street closure of Burnett Avenue South from South 2nd St.to South 3rd St.for the week of October 12, 2015 through October 19, 2015 in order to repair the broken concrete in the street crossings. Refer to Transportation(Aviation)Committee s) Transportation Systems Division recommends approval of an ordinance amending RMC 10-11-1.6.10 to reduce the s eed limit from 30 miles er hour to 25 miles er hour on P P P Aberdeen Ave. NE between Sunset Blvd. NE and NE 27th St.to provide an additional measure of safety for pedestrians. Refer to Transportation (Aviation)Committee t) Transportation Systems Division submits Lower Blast Fence Rehabilitation Project(CAG- 14-088);and requests approval of the project to initiate closeout and release of the retainage bond once all required releases are obtained. Council Concur u) Transportation Systems Division submits the 800 Building Final Improvement Project (under JOC Work Order 36-15 to CAG-13-149); and requests approval of the project to initiate closeout and release of the retainage bond once all required releases are obtained. Countil Concur v) Utility Systems Division recommends approval of the Water Resource Inventory Area (WRIA)8&9 Interlocal Agreements for a total cost in 2016 of$33,331 to assist in funding the resources needed to perform work associated with the implementation of the WRIA 8 &9 plans for the time period of 2016-2025. (See Items 9.b. and 9.c.for reso/utions.J Council Concur w) Utility Systems Division reports bid opening on 8/13/2015 for CAG-15-154- Roof Replacement at Maplewood Booster Pump Station; and submits staff recommendation to accept the lowest responsive bid submitted by K-A General Construction Contractor LLC, in the amount of$116,957.57. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee:Vouchers, Enterprise Asset Management System b) Planning and Development Committee:Amending Ordinance 6-1-3 and 8-1-4-Junk ' Vehicles* 9. RESOLUTIONS AND ORDINANCES Resolutions: a) Emergency Management Program Grant(See item 7.j.J b) WRIA 8 Interlocal Agreement(See item 7.v.) c) WRIA 9 Interlocal Agreement(See item 7.v.J Ordinances for first reading: d) Amending Ordinance 6-1-3 and 8-1-4-Junk Vehicles(See item S.b.J e) Adopt Regulations Establishing a Process for Local Licensing of Marijuana Businesses(via 8/10/15 Planning and Development Committee reportJ 10. NEW BUSINESS (Includes Council Committee agenda topics;visit rentonwa.gov/cityclerk for more information.) 11. AUDIENCE COMMENTS 12. EXECUTIVE SESSION Potential Property Acquisition - RCW 42.30.110(1)(b)-approximately 20 minutes 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS September 14, 2015 Monday, 5:30 p.m. Regional Fire Authority Update; Energize Eastside Briefing Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCE55 CHANNEL 21 To view Council Meetings online,please visit rentonwa.gov/councilmeetings � - -- - A ITEM #3. a) Denis Law � Mayor � Cl� �f��4 1`ty O � �a``�� r-- �-.�,__. � .C� J (,,�� , � � I .��;�� G _ _ L�N•s� Mayor's Office 1�'- roclamdtion ZVFiereas, behavioral health is an essential part of health and overali weliness; and `i�1�Fiereas, prevention of inental and/or substance abuse disorders is effective, treatment is successful, and people can and do recover; and 4Nhereas, people in recovery achi.eve healthy lifestyles, both physically and emotionally, and contribute in positive ways to their communities; and I �hereas, we encourage relatives and friends of those with mental and/or substance abuse I disorders to take preventative measures, recognize the signs of a problem, and seek , appropriate treatment and recovery support services; and ' 'i�Vhereas, by educating the public about the conditions of substance abuse disorders and II mental health issues we hope to help others overcome the barriers of stigma; and ��, `Gl�het'eas, in 2013, 2.5 million people aged 12 or older received specialty treatment for a I'� substance use disorder and 34.6 million adults aged 18 or older received mental health services, according to the 2013 Nationa!Survey on Drug Use and Health; and � tiV�ereas,�the Recovery Month observance works to imp�ove the lives of those affected by mental and/or substance use disorders by raising awareness of these diseases and educating communities about the prevention,treatment, and recovery resources that are available; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September2015 to be �ational�,eco�ery �Vlonth in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal � of the City of Renton to be affixed this 14th day of September, 2015. � < �� . , w i � ',y �q � �, ya �, r. � � Denis Law, Mayor �` '� City of Renton, Washington Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rento�wa.gov a�F�vna �TEM #3, b) Denis Law - -- � City of,, Y Mayor _,_: t_�.-- � �r.---� �..�� - ��`� �� ♦ i +► ♦ I �j ; � �Q +�� c�� , �_. ��"r � Mayor's Office 1'rocldmdtzon `i�l�hereas, the City of Renton recognizes adequate nutrition as a basic goal for each citizen; and �hereas, no child should go to school hungry, no baby should be without feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of approp�iate foods; and ��ereas, food bank, emergency, and hot meal programs working with the City of Rerlton, local faith communities,so�ial service agencies, and hundr�ds of volunteers strive day in and day out to stem the rising tide of hunger, but still need more help; and � �(�ereas, when winter approaches and low-income families must stretch their do�lars to cover increasing fuel, electricity, and rental costs, leaving even less money for monthly food purchase, an outpouring of community assistance is needed; and ZVhereas, the Emergency Feeding Program coordinates an annual food drive, which will be held at grocery stores throughout King�County on Saturday, September 19, 2015, to help support the efforts of their program and the area's food banks in fighting hunger; and 4�V(tereas, the City of Renton has been a steadfast supporter of this vital project, and has strived " to eradicate hunger in the community; Now, there�ore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 19, 2015, to be �Vlayor's 1�ay of Concern for the �fun�ry in the City of Renton, and strongly urge all citizens to join the Emergency Feeding Program and the Salvation Army Renton Rotary Food Bank in their efforts to nourish those who are hungry. In zvitness whereof, l have hereunto set my hand and caused the seal of the City of Renton to be affixed this 14th day of September, 2015. a . , ,, ��,� � Denis Law, Mayor Ciry of Renton, Woshington ° Renton City Hall • 1055 South Grady Way � Renton,Washington 98057 • rentonwa.gov 1 TEM #3. c) Denis Law �-- r Mayor Cl�Ol � �y i �r �._ ., � � ,c--. �_-�.-_ US• O,� • � � � � � � � � ♦ �,�,� ♦ _ "��i�p� Mayor's Office . �1'Yoc�am�tzon �hereas, cancer is the second feading cause of death in children (after accidents) among U.S. children under the age of 15; and �l/hereas, this disease is detected in nearl� 15,000 of our country's young people each year; and ZVhereas, any time a child is diagnosed with cancer, it affects every family member and nearly every aspect of the famil�s life, in addition to the child's friends and extended community; and ZVhereas, much progress has been made in treating childhood cancers in recent decades, and many of these cancers can now be cured; and �Gl�hereas, because of major advances in treatment, more children treated for cancer are now surviving into adulthood; and �Nhereas, people can make a difference in the fight against cancer by volunteering their time, participating in an event, or donating to the cause; .Now, theyefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 2015 to be Chi�d'hooc�Cancer./�Zvareness .�I�lonth in the City of Renton, and I encourage all citizens to join me in this special observance and to explore ways to help people in the local community and join the fight to cure cancer. In witness whereof, I have hereunto set my hand and caused the seal , of the City of Renton to be affixed this 14th day of September, 2015. � / �4, �.L., ,�,� , Denis Law, Mayor �"' *:. City of Renton, Washington � � Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov l AGENDA ITEM #7, a) s�- -�� c�Ty oF -_ �� M I N UTES City Council Regular Meeting 7:00 PM-Monday,August 10,2015 Council Chambers,7th Floor, City Hall—1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:01 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Randy Corman Armondo Pavone Ruth Perez Don Persson Marcie Palmer Greg Taylor ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Lawrence J.Warren, City Attorney Megan Gregor, Deputy City Clerk Nancy Carlson, Human Resources and Risk Management Director Chip Vincent, Community and Economic Development Administrator Terry Higashiyama, Community Services Administrator Gregg Zimmerman, Public Works Administrator Deborah Needham, Emergency Services Director Jennifer Henning, Planning Director I Chief Mark Peterson, Fire& Emergency Services Administrator II Deputy Chief Erik Wallgren, Fire &Emergency Services Department Chief Kevin Milosevich, Police Department Administrator CommanderJon Schuldt, Police Department August 10, 2015 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7, a) PROCLAMATION Ready in Renton -September 2015. A proclamation by Mayor Law was read declaring the month of September to be Ready in Renton Month. Emergency Management Director Deborah Needham accepted the proclamation and let people know that the City has been prepared for earthquake risk for a number of years now. She explained that the purpose of"Ready in Renton" Month is to make sure that residents and business owners in Renton know that preparing for emergencies can make a difference.Additionally, Ms. Needham shared a number of resources that can assist people in preparation for an emergency situation. MOVED BY TAYLOR,SECONDED BY CORMAN, COUNCIL ADOPT THE PROCLAMATION AS READ.CARRIED. SPECIAL PRESENTATIONS a) Library Grand Opening: Library Board President Erica Richey and King County Library System (KCLS)Cluster Manager John Sheller announced that KCLS will be hosting an event for the re- opening of the renovated Downtown Renton Library. It will be held on August 22, 2015 at 9:30 a.m. and everyone is invited to help celebrate. b) Return to Renton Car Show:Jim Medzegian, member of the Return to Renton Benefit Car Show Steering Committee,thanked the Piazza Renton organization for their volunteerism and financial support. He reported that the 25th Annual Return to Renton Benefit Car Show held on 7/12/2015 displayed 325 classic vehicles, and approximately 4,000 spectators attended. Mr. Medzegian announced that the next event will be 7/10/2016 and presented Police Chief Milosevich a check in the amount of$13,000 and a Sponsor Plaque for the City's continued support of the program. He also noted that over the years,the show has raised about$225,000 for Renton youth programs.Chief Milosevich accepted the check and thanked all those involved for their efforts in supporting the City's youth programs.Additionally, Mayor Law and Chief Administrative Officer Jay Covington thanked Mr. Medzegian and the Piazza Renton volunteers for their hard work and for the proceeds donated from the event. 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. Items noted were: • The Riverview Bridge Grand Opening celebration on Friday,September 18th,from noon to 1 p.m., at Riverview Park, 2901 Maple Valley Highway. • Maple Ridge Estates Homeowners'Association will hold their annual picnic Wednesday, August 12, 2015 in their HOA area located at SE 156th St.and 140th St.SE. Liberty Ridge Homeowners'Association will hold their annual picnic this Thursday,August 13th in their common area, located at NE 1st St.All picnics begin at 5:30 p.m. • Preventative street maintenance,traffic impact projects, and road closures will continue to happen throughout the City. August 10, 2015 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a) CONSENT AGENDA Items listed on the consenr agenda were adopted with one motion,fol/owing the listing.At the request of Councilmembers Persson and Prince, ConsentAgenda items 7.e. & 7.g. were pulled for separate consideration. a) Approval of Council Meeting minutes of 8/3/2015.Council Concur. b) Administrative Services Department recommended purchasing CityWorks, a public asset management software,for$60,000 a year,for the purpose of tracking Public Works and Community Services asset conditions,work orders, service requests, and costs. Refer to Finance Committee. c) City Clerk reported the results from the 8/4/2015 bid opening for CAG-15-149-Cascade Interceptor Rehabilitation Phase II project;and submits the staff recommendation to accept the lowest responsive bid submitted by Insituform Technologies, LLC. in the amount of$752,904.32. Council Concur. d) City Clerk reported the results from the 8/4/2015 bid opening for CAG-15-148 -Maplewood Creek Stormwater Outfall Improvements project; and submits the staff recommendation to accept the lowest responsive bid submitted by Olson Brothers Excavating, Inc. in the amount of $444,005. Council Concur. f) Community and Economic Development Department requested authorization to hire a Development Engineering Manager at Step E of salary grade m33, effective September 1, 2015. Council Concur. h) Utility Systems Division submitted CAG-14-079,Sunset Community Low Impact Development Retrofit Stormwater Green Connections; and requests approval of the project, authorization for final pay estimate in the amount of$17,859.72, commencement of a 60-day lien period, and release retainage,to Northwest Cascade, Inc., if all required releases are obtained. Council Concur. MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA MINUS ITEMS 7.E.AND 7.G.CARRIED. ITEMS 7.E. &7.G.-SEPARATE CONSIDERATION e) Community and Economic Development Department recommended adoption of an ordinance amending the City Code to add abandoned vehicles or illegal storage of non-operable vehicles and unlawful storage, disposal, scavenging and hauling of solid wastes throughout the City as violations of RMC 6-1-3 and 8-1-4 Civil Infractions. . Refer to the Plannin�and Development Committee. MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 7.E.AS REFER TO THE PLANNING AND DEVELOPMENT COMMITTEE.CARRIED. g) Executive Department recommended approval of a contract with Cayce&Grove, in the amount of$423,626,for public defense services until June 30, 2018. Q^�^�«^ ��^�^�^''^^^^��**^^. Council Concur. MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 7.G.AS COUNCIL CONCUR.CARRIED. August 10, 2015 REGULAR COUNCII MEETING MINUTES AGENDA ITEM #7, a) UNFINISHED BUSINESS a) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve Amendment"A"to LAG-13-001 with Puget Sound Access to extend the lease for a ten year period (12/31/2025). MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. b) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the change of a Facility Supervisor(a21) position to a Facilities Manager(m28) position, effective immediately, at a current annual cost of$8,528 including benefits. MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCII CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. c) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to authorize the recommended budget adjustment of$75,055 to the 2015- 2016 Biennial Budget, and associated changes in positions that will reorganize of the Executive Department as follows: • Authorize new Communications Manager(m26) • Fill a Communications Specialist II position at Communications Specialists I level (a12) • Leave second Communications Specialist II position unfilled and unfunded • Increase Print Shop Office Assistant position hours(a01)from 20 hours/week to 25 hours/week(0.50 FTE to 0.625 FTE) • Increase the 0.50 FTE Secretary II position to full time. MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. d) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to hire the Public Works Department Transportation Systems Division Civil Engineer III at Grade a28,Step E,effective August 28, 2015.The budget adjustment for funding this position has been incorporated into the 2nd quarter budget adjustment ordinance. MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. e) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the requested creation and filling of a new full time Legal Assistant position.The committee further recommended that the funding for the new full time position be included in the 2015-2016 Mid-Biennial Budget Adjustment. MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. f) Finance Committee Chair Persson requested that item 7.g.from the August 3, 2015 Council Meeting Agenda, Community and Economic Development Department's request to authorize the reclassification of the Plan Reviewer position (salary grade a23)to a Civil Engineer II position (a25), be considered by the full council under unfinished business. Community and Economic Development Administrator Chip Vincent informed Council that the administration is requesting this reclassification to better meet the needs and provide more flexibility within the department. August 10, 2015 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a) MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL APPROVE THE RECLASSIFICATION OF THE PLAN REVIEWER POSITION TO A CIVIL ENGINEER II POSITION.CARRIED. g) Transportation (Aviation)Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute a Memorandum of Understanding and Street Lighting Authorization Letter with PSE/Intolight for conversion of the remaining 2,593 PSE/Intolight-owned street light fixtures located within the City from high-pressure sodium and metal halide to more energy efficient light emitting diode (LED)fixtures. In addition,the Transportation (Aviation) Committee recommended authorizing the Administration to submit a Business Lighting Incentive Program application to PSE in orderto secure incentive funds in the amount of$185,581 to help offset the cost of the street light conversion project.A budget of$577,686 for this project is in place as part of the 2015 2nd quarter budget adjustment that is made up of savings from the previous project(city-owned lights) estimated at$170,000,a general fund transfer of$222,105 and$185,581 in PSE incentive funds. MOVED BY PALMER,SECONDED BY PERE2,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. h) Transportation (Aviation)Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to execute the Professional Services Agreement in the amount of$301,891 with OTAK, Inc.for consultant services for the Lake Washington Loop Trail project. MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. i) Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the Supplemental Agreement 2 with KPG, Inc. in the amount of$155,534 for Final Design Services for the Downtown Circulation Project— Phase 1. MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. j) Planning and Development Committee Chair Corman presented a report recommending concurrence in the staff recommendation to adopt regulations establishing a process for local licensing of marijuana businesses after the business obtains an endorsement from the Washington State Liquor and Cannabis Board.The Planning and Development Committee recommends preparing the ordinance regarding this matter for first reading at the next Council meeting. MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. k) Community Services Committee Chair Perez presented a report recommending concurrence in the staff recommendation to confirm Mayor Law's appointment of Mr. Charles Seil to the Planning Commission with a term expiring June 30, 2018. MOVED BY PEREZ,SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. August 10, 2015 REGULAR COUNCIL MEETING MINUTES . AGENDA ITEM #7, a) RESOLUTIONS AND ORDINANCES Ordinance for second and final reading: a) ORD 5764: 2015 Second Quarter Biennial Budget Amendment:An ordinance was read amending the City of Renton fiscal years 2015/2016 Biennial Budget as adopted by Ordinance No. 5737 and thereafter amended by Ordinance NO. 5755, in the amount of$16,865,306. MOVED BY TAYLOR,SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:ALL AYES. CARRIED. NEW BUSINESS See attached Council Committee meeting calendar. EXECUTIVE SESSION &ADJOURNMENT MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS PENDING LITIGATION - RCW 42.30.110(1�(i) -WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED.TIME 7:44 P.M. Executive session was conducted.There was no action taken.The executive session and the Council meeting adjourned at 8:01 p.m. Jason A. Seth,CMC, City Clerk Megan Gregor, Recorder Monday,August 10, 2015 August 10, 2015 REGULAR COUNCIL MEETING MINUTES A GENDA 1 TEM #7. a) Council Committee Meeting Calendar August 10, 2015 August 17, 2015 I Monday Council Holiday - No Meetings ' August 24, 2015 Monday Council Holiday - No Meetings August 31, 2015 Monday Fifth Monday - No Meetings September 7, 2015 Monday City Holiday - Labor Day September 14, 2015 Monday 4:00 PM Finance Committee, Chair Persson - Council Conference Room 1. Vouchers 2. Enterprise Asset Management System 3. Emerging Issues 4:30 PM Planning & Development Committee, Chair Corman, Council Conference Rm 1 . Amending Ordinance 6-1-3 and 8-1-4 -Junk Vehicles 2. Docket 1 1 CANCELED Community Services Committee, Chair Perez CANCELED Utilities Committee, Chair Taylor 5:30 PM Committee of the Whole, Chair Prince - Council Chambers 1 . Regional Fire Authority Update 2. Energize Eastside Briefing A GENDA 1 TEM #7. b) ./"'.--� - � ClTY OF �� ' • � -� 1 SUBJECT/TITLE: Reappointment to Library Advisory Board - Laurie Beden RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 . • . 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 � ' • � • Mayor Law reappoints Laurie Beden to the Library Advisory Board for a term expiring 9/1/20. : A. Reappointment Recommendation � • � � • Confirm Mayor Law's reappointment of Ms. Beden to the Library Advisory Board. A GENDA I TEM #7. b) April Alexander From: Terry Higashiyama Sent: Monday,August 17, 2015 2:45 PM To: Denis Law Cc: Jay B Covington; April Alexander; Diane Wagner Subject: Library Board I would like to recommend that Laurie Beden remain on the Renton Library Board. Her term officially ends on September 15`2015. As you know she was the first chairperson of the board and has been an important part of the development of both the Cedar River Library and the Highlands Library. Her leadership has been crucial to the success of the team. She is looking forward to putting more time into community programming to make sure all residents are getting events and activities that are relevant to their needs. Currently she is also serving on the KCLS Art Review Committee which was by invitation only. Thank you for your consideration on this reappointment. Please let me know if you have any questions. Te;rry Hig<�sliiy�u�ia Cily of RenCon Coinmunity Scrvices Adininislrator 1'honc:�125-4•30-GGOG Cc1L• 425-76G-0�37 .....�-.,--�'"'.'f,J f��t,j r - 1 AGENDA ITEM #7, c) ... _ i CtTY OF -- ---' enton � • • . • -. � SUBJECT/TITLE: Reappointments to City Center Community Plan Advisory Board RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 . • . 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 � ' • � • Mayor Law reappoints the following to the City Center Community Plan Advisory Board: � Sybil Turner,for a three-year term expiring 4/30/18. • George Daniels,for a three-year term expiring 4/30/18. • Doug Baugh,for a one-year term expiring 4/30/16. • Jim Stanek, for a one-year term expiring 4/30/16. : A. Reappointment ftecommendations . + • � � • Concur with Mayor Law's reappointments of Sybil Turner, George Daniels, Doug Baugh and Jim Stanek to the City Center Community Plan Advisory Board. A GENDA 1 TEM #7, c) DEPARTMENT OF COMMUNITY p o ��r�f AND ECONOMIC DEVELOPMENT Q��QO �Q � RE�E{VED M E M O R A N D U M AUG 0 4.2015 DATE: August 1, 2015 �` MAYOR'S OFFICE Y�- �' V TO: Denis Law, Mayor (/ FROM: C. E. "Chip"Vincent, CED Administrator SUBJECT: Reappointments to the City Center Community Plan Advisory Board:Sybil Turner and George Daniels The original appointments for Sybil Turner and George Daniels were in April 2012. Over the past year,they have all demonstrated a commitment to their positions and to the fulfillment of the City Center Plan.They have the ability to participate fairly and equitably while representing the community at large. I recommend that they each be reappointed to a new three year term, expiring on �4agust�2018. � �.�,�� 3� h:\ced\planning\community planning\city center\advisory board\reappointments\turner and daniels reappointment -3 year.doc AGENDA 1TEM #7. c) DEPARTMENT OF COMMUNITY p �ty�f AND ECONOMIC DEVELOPMENT ---� C��O� �� RECEIVED M E M O R A N D U M AUG 04 2015 DATE: August 1, 2015 ✓ � MAYOR'S OFFI��= T0: Denis Law, Mayor Q�� , FROM: C. E. "Chip"Vincent, CED Administrator SUBJECT: Reappointments to the City Center Community Plan Advisory Board: Doug Baugh and 1im Stanek The original appointments for poug Baugh and Jim Stanek were in April 2012. Over the past year,they have demonstrated a commitment to their positions and to the fulfillment of the City Center Plan.They have the ability to participate fairly and equitably while representing the community at large. � � I � I recommend that they each be reappointed to a new one year term, expiring on ust �2016. h:\ced�planning\community planning\c'tty center\advisory board�reappointments\baugh and stanek reappointment- i year.doc AGENDA ITEM #7. d) ./'�"` CITY OF "...� l�. 1�11 ' � t � • � . • -. � SUBJECT/TITLE: Ordinance Amending RMC 1-3-3.A Clarifying that Calis to Report Domestc Violence, Sex-Related Offences,Stalking or Requesting Medical Attention Will Not Be Considered as a Nuisance or Used Against a Person or Property in Making a Finding of Nuisance RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: City Attorney STAFF CONTACT: Alex Tuttle, Assistant City Attorney EXT.: 6492 , • � 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 � • • In an effort to ensure that the City's nuisance code is properly enforced and understood, it is necessary to clarify the City's intent that calls to police reporting domestic violence, sex-related offenses, stalking, or any person requiring or requesting medical attention shall not be considered a nuisance or used against a person making such a call in a RMC 1-3-3 nuisance criminal prosecution matter. A. Proposed Ordinance Clarifying RMC 1-3-3.A , � • � � • Adopt the ordinance amending RMC 1-3-3.A. AGENDA 1TEM #7. d) CITY OF RENTON, WASHINGTON ORDINANCE N0. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE 1 (ADMINISTRATIVE) OF THE RENTON MUNICIPAL CODE, CLARIFYING THE PURPOSE AND SCOPE OF RENTON'S CHRONIC NUISANCE 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. These nuisances include not onlv those on private residential properties, but also those on private commercial properties that fail to provide adequate and properlv trained securitv and/or supervision, which results in calls for service for 1 A GENDA 1 TEM #7. d) ORDINANCE N0. incidents that could have been prevented or limited with adequate security and/or supervision. 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. It is also the �e purpose of this Chapter +�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 fostering or preserving the public peace, safety, health, morals or welfare, and it shall be liberally construed to effect this purpose. This Chapter's remedies are not exclusive and remedies available under federal, state or other local laws may also apply. 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, (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 authority includes but is not limited to RCW 35A.21.160 which grants to code cities "all of the powers of which any city 2 AGENDA /TEM #7. d) ORDINANCE N0. „ of an class ma have and RCW 35.22.280 30 which ermit i I r y y ( ) p s a c ty to dec a e and abate nuisances, and to impose fines upon those responsible for nuisances. Finally, to ensure that this section and anv related section or subsection is appropriately and lawfullv applied with a fair and non-disparate imqact on members and se�ments of the communitv, the City of Renton declares that chronic nuisance offenses and chronic nuisance calls for service shall not include or applv to calls of victims or survivors of domestic violence, sex-related offenses, stalkin�, or anv person requirin� or requestin� necessarv medical attention on their own behalf or on the behalf of another. Further, these specified calls bv or on behalf of victims or survivors of domestic violence, sex- related offenses, stalkin�, or those reauirin� or reauestin� necessarv medical attention shall not be a basis for the abatement or eviction of these specified persons under this ordinance. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) calendar days after publication. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk 3 i A GENDA I TEM #7. d) ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney i Date of Publication: � ORD:1877:8/27/15:scr I, 4 - . AGENDA 1TEM #7. e) �''"'�-- CITY OF �� 3 � � � � '• � SUBJECT/TITLE: Partial Release of Utility Easement; Lozier at Whitman Court, LLC; RE- 15-001 RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 . . . 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 � • � � • On July 13, 2015, Paul Ebensteiner of Lozier at Whitman Court, LLC, 1300 114th Ave. SE, Suite 100, Bellevue, WA 98004,filed an application with the City of Renton for partial release of an existing utility easement recorded under King County Auditor File Number 2009040900123 as it relates to Parcel A of City of Renton Lot Line Adjustment No. LUA-99-075LLA, according to the survey recorded in King County under Recording No. 19990623900005 (Tax Parcel No. 518210-0020). An application filing fee of$250 has been paid. The property is located in the vicinity of NE 4th St. and Whitman Ct. NE as part of the Whitman Court PUD Townhomes Development. This request is made in connection with the construction of a new waterline within the access roads of the development and the granting of an easement in favor of the City of Renton, which will be recorded against the property, as part of the final plat of the Whitman Court PUD. The City of Renton Public Works Department, Utility Systems Division reviewed the request and found it to be valid and recommends approval of the partial release of easement, subject to the collection of the processing fee from the applicant. ACTION NEEDED: Determine whether the release of easement proposal should be granted, the classification of the easement, whether there are conditions of the approval, and whether an appraisal is necessary to determine the amount of compensation to be paid, if any. : A. Issue Paper B. Draft Unsigned Partial Release of Easement C. Application Letter � • � � • Approve of the partial release of easement, subject to the collection of the processing fee from the applicant. AGENDA 1TEM #7. e) PUBLIC WORKS DEPARTMENT � Q ��0� �'O �� M E M O R A N D U M DATE: August 18, 2015 TO: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Abdoul Gafour, Water Utility Manager, ext. 7210 SUBJECT: Request for Partial Release of Utility Easement from Lozier at Whitman Court, LLC ISSUE: Should Council approve the partial release of an existing utility easement requested by Lozier at Whitman Court, LLC related to the Whitman Court planned urban development located at NE 4th Street and Whitman Court NE? RECOMMENDATION: Approve the partial release of the utility easement, subject to the collection of the processing fee from the applicant. BACKGROUND SUMMARY: As part of the short-platting (LUA-02-129) of the subject property in 2002, the developer Ribera-Balko granted a utility easement (King County Recording#20090409001132) at no cost to the City for a water line within the property. The developer installed only a portion of the water line in the easement within Whitman Court NE and planned on installing the remaining portion as the property is developed in the future. In 2013, the property was sold to Lozier at Whitman Court, LLC who has redeveloped the property known as the Whitman Court Planned Urban Development (LUA14-000295 and LUA15-000370) that included 40 townhomes and a commercial bank. A new water main was installed in the roadways fronting the townhomes and as such a portion of the existing utility easement was not used. The developer would like the City to release the unused portion of the easement so that the townhomes can be constructed within the new lots without being encumbered by the underlying easement. All new public and private utilities are also installed within the new roadways and there is no future need for the use of the portion of the easement being requested for release. AGENDA ITEM #7. e) Mr.Prince,Council President ' Page 2 of 2 � August 18,2015 No public funds were spent on the acquisition or maintenance of this portion of the easement, therefore it is classified as a Class "B" release of easement as defined in City Code 9-1-4 and requires no further compensation to the City other than the processing fee to be paid by the applicant. CONCLUSION: Staff recommends the approval of the partial release of easement, subject to the collection of the processing fee from the applicant. cc: Lys Hornsby,Utility Systems Director Jennifer Henning,Planning Director Vicki Grover,Plan Review Engineer C:\Users\mgregor\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\3FORGSD\Issue Paper.docx\AGtp AGENDA ITEM #7, e) Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 Partial Release of Easement Property Tax Parcel Number: 5182100020 Project File#:RE-15-001 PRM 26•0022 Street Intersection: NE 4`h St and Whitman Ct NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page_,_ Grantor(s): Grantee{s): l. City of Renton,a Municipal Corporation l. Lozier at Whitman Court LLC The Grantor,as the owner of an easement acquired from Lan�ley 4`h Avenue Associates.LLC dated on Februarv 6.2009,recorded under King Counry Recording Number 2009040900 1 1 32 of King County,State oi' WashinAton,over real property described below: The CITY OF REN'TON does hereby abandon and release all rights acquited under a ortion of the above referenced �tilities easement,said op rtion being described as follows: See Exhibit"A"for Legal Description and Exhibit"B" for map of partial releasc All situate in the Northwest yuarter oF Section 15,Township 23 North,Range 5 East,W.M., in the City of � Renton,KinR County,Washington. �i But this release shall not impair the utilities easement rights acquired and recorded under King County I Recording No.20090409001132 as to the utilities easement not hereby released. Except as explicidy released by this document,the remainin�City Easement rights shall remain in full force and effect. The C1TY OF RENTON does hereby abandon and release all rights acquired under above described easement. IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and Ciry Clerk this day of ,20_. MAYOR CITY CLERK STATE OF WASHINGTON )SS COUNTY�F KING ) 1 certiFy that I know or have satisfactory evidence that Jesse Tanner and Marilyn Petersen are �� the persons who appeared before me,und said persons acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free and voluntary act of such parties for the uses and purposes mentioned in the instniment. �i Notary Public in and For the State of Washington I� Notary(Print) My appointment expires: Dated: PWPSRt00?-Partial-Release- PWPSRF002/bh A GENDA I TEM #7. e) Exhibit ��a�� PARTIAL RELEASE OF WATERLINE EASEMENT FILED UNDER RECORDING NUMBER 20090409001132 DESCRIPTION THAT PORTION OF 15'WATERLINE EASEMENT FILED UNDER RECORDING NUMBER 20090409001132,RECORDS OF KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING STRIPS OF LAND I S FEET IN WIDTH,BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINES: COIvIl��tENCING AT THE NORTfNVEST CORNER OF PARCEL A OF CITY OF RENTON LOT LINE ADNSTMENf NUMBER LUA 99075LLA,RECORDID UNDER K1NG COUNTY RECORDING NUMBER 19990623900005,LOCATED ON THE SOUTH MARGIN OF NORTHEAST 4'18 STREET; THENCE SOUTH 88°03'09"EAST,ALONG S.4m SOUTH MARGIN AND ITS EASTERLY EXTENSION,A DISTANCE OF 337.58'; THENCE SOUTH 00°48'45"WEST,A DISTANCE OF 478.50 FEET TO THE A POINT HII2EINAFTER REFII2RID TO AS POINT A; THENCE CONTINUING SOtTTH 00°48'45"WEST,A DISTANCE OF 7.50 TO THE POINT OF BEGIN1�iING OF LINE A; THENCE CONTINLJING SOLTTH 00°48'45"WEST,A DISTANCE OF 133.23 FEET TO THE SOiTTH LINE OF SAID PARCEL A,AND THE TERMII�TUS OF LINE; AND BEGINNII�IG AT THE ABOVE DESCRIBED"POINT A"; THENCE SOLTTH 88°03'09"EAST,A DISTANCE OF 80.02 FEET TO TI�POINT OF BEGINNllvG OF LINE B; THENCE CONTII�T[JING SOUTH 88°03'09"EAST,A DISTANCE OF 229.05 FEET TO THE EAST LINE OF PARCEL B OF SAID BOUNDARY LINE ADJUSTMENT AND THE TERMINUS OF LINE. IT IS THE INTENT OF THIS DESCRIPTION THAT SIDELINES SHALL EXTEND OR TRUNCATE AS NECESSARY TO INTERSECT AT BOUNDARY LINES AND INTERSECTIONS. ALL SITUATE IN THE NW QUARTER OF SECTION 1 S,TOWNSHg'23 NORTH,RANG�S EAST OF THE WILLAMETTE MERIDIAN IN TF�CITY OF RENTON,KING �,,:...;.�,:�....,...:,..�. ��......��r, COUNTY,WASHINGTON. : �' � g_b.,s-_ oQ,.�►P r� �,�y'�O � a • _ �,� :1' �' ; ' � , g ' = "`� P2 98 p � � = ,/b sISTE c�� - _ �AN� _ � 12-i5-2015 ' AGENDA ITEM #7. e) � "B'� PARTIAL RELEASE OF �PATERLINE EASEMENT FILED UNDER I�ECORDING NUMBER 20090409001132 N�N�P SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, �M. CITY OF RENTON, COUNTY OF KING, STATE OF �IASHINGTON � S88'03'09'E 337.5g' � ' � :� �NORTHNEST COF�EA, OF PARCQ. A tIF CITY ff RENTON BlA NO.LUA 990751.LA AFN l9990623900005 6 POINT OF BE6IMlING I NATEH EASEI�ENT � + Z0090�I9001132 �) �) � t�� , 15' MATER EASp£NT � i —� �-(UI�1(NOMP! RECOf�ING IJllIBER) � � � I � POflTION TO � �, �i � ' POINT OF F�L.EASED I+ i 6IMIING � LII�E 8 + �L,1� POIN? OF 8'0.02'- �i" " "-� -i� s'1� BLIE16�IMIING �, SB8'Q3'09'E 309 p� � i�r��.�-.ppp��ION TO MATER EASEiEHT R; 1 BE iiELEASED RECOHOIt� N0. ��J ,..� � 2009040�01i32 RA --�,,'��CORDIN6 N0. �,�� 2009040900!!32 I�0'! �0 �ALB - �` g-/D-rs � .►�►,..►� N E. CBNTRB Q�' �� "S q9s z° s� ��o�z �' lNTF , �� - �!�bC..P.i `�' 9Fs�I S T S`�Q�� 14209 29th Street East, �105 - Sumner, WA 98390 ��( � 0 253-987-5924 main 253-987-7859 faz l2-i5-2015 � - AGENDA ITEM #7. e) Lozier at Whitman Court, LLC July 13,2015 City of Rentan 1055 South Grady Way Renton,WA 98057 Attenrion: Renton City Clerk Re: Whitman Court PUD/Townhomes Development (LUA I 5-d00370) Request for Partial Release of Easement On behalf of Lozier at Whitman Court,LLC, a Washington limited liability company,we are requesting that the utility easement recorded under King County Auditor File Number 2009040900132 be partially released as it relates to Parcel A of City of Renton Lot Line Adjustment No.LUA-99-075LLA,according to the survey recorded in King County under Recording No. 19990623900005 (Tax Parcel No. 518210-0020)(the"Property"). This request is made in connection with the construction of a new waterline within the access roads of the development and the granting of an easement in favor of the City of Renton, which will be recorded against the Property, as part of the final plat of the Whitrnan Court PUD. Attached are the legal description and exhibit map showing the requested partial release of the existing easement. If you should have any qtiestions or need further information,please do not hesitate to contact me on my direct telephone line(425)635-3938. Sincerely, �r au ens�iner Assistant Manage Enc. As noted. 1300 114�Avenue SE,Suite 100, Bellevue,WA 98004 A GENDA 1 TEM #7, fl � '��ClTY OF _ _�� + • • � - • 1 SUBJECT/TITLE: Partial release of Utility Easement; Reserve at Renton Partners, LLLP; RE-15-002 RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 . . . 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 � � • � • On August 6, 2015, Christopher Santoro, 105 Crescent Bay Drive, Suite D, Laguna Beach, CA 92651, (Reserve at Renton Partners LLP),filed an application with the City of Renton for partial release of an existing utility easement recorded under King County Auditor File Number 9510090749 as it relates to Parcel D of City of Renton Boundary Line Adjustment No. LUA-99-062-LLC, according to the survey recorded May 12, 1999 under Recording No. 99051290006 (Tax Parcel No. 182305-9238-03). An application filing fee of$250 has been paid. This request was made in connection with the establishment of a new waterline and granting of easement in favor of the City of Renton, which has or will be recorded against the Property, as part of the approval of the Reserve at Renton, a 219 low-income senior multifamily development being constructed on the property. The City of Renton Public Works Department, Utility Systems Division reviewed the request and found it to be valid and recommends approval of the partial release of easement, subject to the collection of the processing fee from the applicant. ACTION NEEDED: Determine whether the release of easement proposal should be granted, the classification of the easement, whether there are conditions of the approval, and whether an appraisal is necessary to determine the amount of compensation to be paid, if any. : A. Issue Paper B. Drafted Unsigned Partial Release of Easement C. Application Letter � • � � • Approve the partial release of easement, subject to the collection of the processing fee from the applicant. A GENDA /TEM #7, fl PUBLIC WORKS DEPARTMENT � ^c��Iof�O� � �� ;� M E M O R A N D U M DATE: August 31, 2015 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Abdoul Gafour, Water Utility Manager, ext. 7210 SUBJECT: Request for Partial Release of Utility Easement from the Reserve at Renton Partners LLLP for the Renton Center Senior Living Project ISSUE: Should Council approve the partial release of an existing utility easement requested by the Reserve at Renton Partners LLLP related to the Renton Center Senior Living Project? RECOMMENDATION: Approve the partial release of the utility easement, subject to the collection of the processing fee from the Reserve at Renton Partners LLLP related to the Renton Center Senior Living Project. BACKGROUND SUMMARY: As part of the Fred Meyer development, which was built in 1999 within the old Renton Shopping Center, the original developer installed a water main around the building for fire protection. An easement with King County (recording#9510090749) was granted to the City at no cost, for the operation and maintenance of the water main within the subject property. In 2014, the southern portion of the Fred Meyer property was sold to the Reserve at Renton Partners LLLP, the developer of the Renton Center Senior Living Project. As part of the construction of the building, the developer has to relocate a portion of the old water main that will be under the footprint of the new building. The developer has completed the installation of the new water main along the north side of the project to replace the old main and has granted an easement to the City for the new water main. The developer is now requesting the City release the portion of the existing easement over the abandoned section of the old water main. A GENDA 1 TEM #7. t� Mr.Prince,Council President Page 2 of 2 August 31,2015 All new public and private utilities are located within the current site and there is no future need for the use of the portion of the easement being requested for release. No public funds were spent on the acquisition or maintenance of this portion of the easement, therefore it is classified as a "Class B" release of easement as defined in City Code 9-1-4 and requires no further compensation to the City, other than the processing fee to be paid by the applicant. CONCLUSION: Staff recommends the approval of the partial release of easement, subject to the collection of the processing fee from the Reserve at Renton Partners LLLP related to the Renton Center Senior Living Project. cc: Lys Hornsby,Utility Systems Director Jennifer Henning,Planning Director Vicki Grover,Plan Review Engineer \AGj I A GENDA 1 TEM #7, t� Return Address: City Clerk's Office Ciry of Renton ]O55 South Crady Way Renton, WA 98057 Partial Release of Easement Property Tax Parcel Number: 1823059238 II'� Project Fi1e#:RE-15-002 PRM 26-0023 Street Address: 495 Renton Center Way II Re(crencc Number(s)of Documents assigned or released Additional reference numbers ure on puge I Grantor(s): Crantee(s): 1. City of Renton,a Municipal Corporation 1. Reserve at Renton Partners LLLP The Grantor,as the owner of an easement acquired from Rounduo ComDanv.an Oreeon Cotvoration dated on Se�tember 25. 1995.recorded under King County Recording Number 95]0090749 of King County,State of WashinRton,over real property described below: The CITY OF RENTON does hereby abandon and release all rights acquired under a orcion of the above referenced utilities easement,said ortion being described as follows: See Exhibit"A" for Legal Description and Exhibit"B"for map of partial release All situate in the Southwest quaRer and in the Southeast quarter of Section 18,Township 23 North, Range 5 East,W.M., in the City of Renton,King County, Washington. But this release shall not impair the utilities easement rights acquired and recorded under King County '� Recording No.9510090749 as to the utilities easement not hereby released. Except as explicitly released by this document,the remaining City Easement rip,hts shall remain in full force and efFect. � The CITY OF RENTON does hereby abandon and retease all rights acquired under above described easement. IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and City Clerk ', this day of ,20 . MAYOR CITY CLERK STATE OF WASH[NGTON )SS COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that Jesse Tanner and Marilyn Petersen are the persons who appeared before me,and said persons acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR,and the CITY C[.ERK,C1TY OF RENTON,to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: I'WPSRE002-Partial-Release- PWPSRE002/bh AGENDA 1TEM #7. t� LEG,AL DESCRIPTION TP�I 1823059238 NCS JOBr 14-0096 EXHIBIT "A" WATERLINE EASENIENT VACATION THAT PORTION OF PARCEL"D",AS SHOWN ON CITY OF R.ENTON LOT LINE ADN3TMENT LUA-99-062-LLA,RECORDED UNDER AFN 9905129006, RECORDS OP KING COUNTY,WASWNGTON ALSO BEING THAT PORTION OF A WATER LINE EASEMENT RECORDED LTNDER AFN 9510090749,ALL LYING WITHIN THE SOUTHWEST QUARTER AND TI-IE SOUTHEAST QUARTER OF SECTION I 8,TOWNSHII'23 NORTH,RANGE OS EAST,OF THE W.M.,KING COtJNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL"D"AND ALSO BEING ON THE EAST RIGHT OF WAY OF EDWARDS WAY ALSO BEING A PO1NT ON A NON-TANGENT CURVE;THENCE SOUTHERLY 93.02 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 1509.10 FEET,TI-IE RADIUS POINT OF WHICH BEARS S 61°Sl'04"W,THROUGH A CENTRAL ANGLE OP 03°31'S4"TO THE TRl1E POINT OF SEGINNING;THENCE N 66°19'30"E,39.55 FEET;THENCE N 77°14'31"E,402.08 FEET;THENCE N 28°12'41"E 25.03 FEET;Tf�NCE N 12°42'S3"W,35.15 FEET;THENCE N 30°38'43"W, 161.26 FEET;THENCE N 60°56'S6"E, 10.00 FEET;THENCE S 30°38'43"E, 162.56 FEET;THENCE S 12°42'S3"E,40.46 FEET;THENCE S 28°I2'41"W,3333 FEET;T'I�NCE S 77°14'31"W,34.33 FEET;THENCE S 12°45'29"E,10.00 FEET;THENCE S 77°14'31"W, 10.00 FEET;THENCE N 12°45'29"W, 10.00 FEET;TI-�NCE S 77°14'31"W,305.03 FEET;THENCE S 12°45'29"E, 10.00 FEET;THENCE S 77°14'31"W, 10.00 FEET;THENCE N 12°45'29"W, 10.00 FEET;THENCE S 77°14'31"W,4632 FEET;THENCE S 66°19'30"W,38.47 FEET TO THE VJEST L1NE OF SAID LOT LINE ADNSTMENI'AND ALSO BEING ON THE EAST R1GHT OF WAY OF SAID EDWARDS WAY AND ALSO BEING A POINT ON A NON-TANGENY CURVE;TI�NCE NORTHWESTERLY ALONG SAID WEST LINE AND SAID EAST RIGHT-OF-WAY 10.d0 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,HAVING A RADNS 1509.10 FEET,7"HE i2ADIUS POINT OF WHICH BEARS S 65°45'45"W,THROUGH A CEN'TRA.I. AI�iGLE OF 00°22'47"TO THE TRUE POLNT"OF BEGL'�f�1ING. ATTACHED HERF,TO EASF,MENT EXItIBIT IvtAP B. J �9�� .• O o. 0��44.:Y - 1:� r r� �� :!�ons,s!.•�� A�s iaip �� PAGE 2 or- 3 A GENDA 1 TEM #7. t� J EXHIBI T oB° " (PAGf 3 OF 3) VACATE EXISIING EASEMENT - JOB „�s0096 625 RENTON CENTER N✓AY., CITY OF REN70N KiNG COUN fY, WASHINGTON EXHI�;i TO ACCOMPANY LEGA� DESCRIPTION � //�S i2'12'iJ'E 40.ab �'� � �5 JO'JB'1J'E t6256 / q �+c7�6'S5"E 1000 I ��cc�� c�m (R,{1�- � � ��,�l�:r+��,�,�•.��'�1.1;�',�,, , 5 1872'4t'W JJ!.7 �`C��'`��/'� / /� i N 30J8'<3'W J , N 12'12'S3'W JS.�SJ �� /"S n�4�J1�W J4.3J 151.76 7/ � S 11'<5'29'E, i0.G0 N Z872'4I'E 15.03 � � ! , \�`'-S 7774'J7'W 10.p0 ;1� \\ ' `-N I7'4579'W 10.p0 / ,v n,a'�i•e ao2.ce� ',, IPN ifl270592J8 ,,�S 7774'37'iY J050! � 4AG(f POR�OH �F'EJ�SIINC EISaiENT fA0t1� `� HkRi WA1fA UNE IS RD10YfD ��5�2'�5'19'E f0.00 � Is m,•�i•w �000 `N 12'45'29"W 10.00 �(A / AfN 9905119006 N 6679'JO E' 39.55 ',� �5 T774'3I'w 46.31 N.W. CQ'PNER � �', 1 PARCEL 0 T.P.O.B. /'S 6679'30'W J8.47 R�w� � � --L----R/w HARDiE AVE. S.W. � J _ y EDWAROS S7' — � — � ----• — ---._ �•0,7'!I'S4' �; Q.0071'!7' � RAD.I509.10 u � RnD•1509.70 ARC•9J.02 F ARC-t0.00 V,��y j� \- ` ....................... b PaGE 3 ❑F 3 ��9 D.Sqr, v DA1E� �V ��° ""9si,�,��' �� N � � APRIL. 20I5 '~ ` +' JOB NO.: �w ,r o'. � : �: SURVEYING 140096 � ORAWN BY.• , ? a �� 3930 Sauth 352nd Street s� asi � �s��.tejyTYR6.•O4 Auburn, 1Pashiagton 98001 CHfCKEO Br. � �'v�1 Lal��5 Phone: (253) 835-4000 S Faz: (253) 6S1-3B41 DOS SCALE: NT5� { � A GENDA I TEM #7. t� AVS Holdings, LLC 105 Crescent Bay Drive,Suite D t>'ii"Y 0�`��;e;��,�� Laguna Beach,CA 92651 �;uu � o 1��:, RECEIVED ClTY CtERK'S 4FFICE August 6,2015 City of Renton 1055 South Grady Way Renton,WA 98057 Attention: City Clerk Re: Renton Center Senior Living(U13006707) Request for Partial Termination of Easement As the sole member of the Administrative General Partner of Reserve at Renton Partners LLLP,a Washington limited liability partnership,we are requesting that the utility easement recorded under King County Auditor File Number 9510090749 be partially released as it relates to Parcel D of City of Renton Boundary Line Adjustment No.LUA-99-062-LLC,according to the survey recorded May l2, 1999 under Recording No. 99051290006(Tax Parcel No. 182305-9238-03)(the"Property"). This request is made in connection with the establishment of a new waterline and granting of easement in favor of the City of Renton,which has or will be recorded against the Property,as part of the approval of the Reserve at Renton,a 2191ow-income senior multifamily development being constructed on the Property. The waterline as it affects the Property will no longer be in service and any utility structures have been abandoned and/or removed as part of the development. Attached is the form of the new Easement to be executed and recorded once the new waterline easement has been accepted on behalf of the City. Also attached is the form of the Partial Release of Easement we are requesting be executed and recorded once the new waterline easement has been recorded in the King Counry public records. If you should have any questions or need further information,please do not hesitate to contact the undersigned at(949)715-5253. S��ours, � �,�---' Christop er antorn Kathleen C. McCusker �rK�►r�TORTAl'L°R Project Manager kmcwsker�ica�tort�Y�Of•C0m Ka�tor Taylat Nelson Evatt&Decina PC 901 F'dth,l�YP�!�te� I �ttle,WA 98164 t 206.8122499 I f 206.4`.�6.9759 www.KantorTaylor.com A GENDA 1 TEM #7. g) ��__ � CETY OF -• �� ` � � ' • � '� 1 SUBJECT/TITLE: Contract Award for Bid Opening on 9/1/15; CAG-15-134; Logan Ave. N -Airport Way to N 6th St. RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 . . . Expenditure Required: $ 4,424,412.72 Transfer Amendment: $ N/A Amount Budgeted: $ 8,439,274 Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A � • • � • Engineers Estimate: • Schedule A: $4,715,604 • Schedule B:$157,001 • Schedule C: $13,705 • Schedule D:$34,821 • Schedule E:$39,639 • TOTAL: $4,960,770 In accordance with Council procedure, bids submitted met the following three criteria: • There was more than one bid. • The low bid was within the project budget. • There were no irregularities with the low bid. Staff recommends acceptance of the lowest responsive bid by Johansen Excavating, Inc., in the amount of $4,424,412.72 for the Logan Ave. N -Airport Way to N 6th St. project. A. Staff Recommendation B. Bid Tab � • � � • Accept the lowest responsive bid by Johansen Excavating Inc., in the amount of$4,424,412.72 for the Logan Ave. N - Airport Way to N 6th St. project. AGENDA 1TEM #7. g) ' PUBUC WORKS DEPARTMENT p e ��rar ��o� �� M E M O R A N D U M DATE: September 8,2015 T0: lason Seth,City Clerk FROM: Robert Hanson,Transportation Desig isor, extension 7223 STAFF CONTACT: James P.Wilhoit, Project Manager(ext sion 7319) SUBIECT: Logan Avenue N-Airport Way to N 6th Street Project Federal Aid No. STPUL-1131(002)TIB Project Number . 8-1-102(035)-1 Contract CAG-15-134 The Transportation Systems Division recommends that the Logan Avenue N-Airport Way to N 6th Street Improvement Project contract be awarded to Johansen Excavating, Inc.,28215 112th St. E. PO Box 274 Buckley,WA 98321,in the amount of$4,424,412.72.The project consists of the construction of approximately 2,500 linear feet of roadway, utility,and signal improvements.The primary goal of the Logan Avenue North project is to replace the existing failing pavements in the corridor between the Cedar River Bridge and N 6th Street,to create a continuous sidewalk on the east side of logan Avenue N between the Cedar River Bridge and N 6th Street,and to install a new traffic signal at the intersection of N 3rd Street and Logan avenue N to improve safety for pedestrians. There were eight(8)bids submitted and opened on September 1,2015.Johansen had the apparent(ow bid in the amount of$4,424,412.72,$536,357.38 below the engineer's estimate of $4,960,770.10(10.8 percent difference).The second lowest was from Olson Bros. Excavating, Inc., in the amount of$4,688,142.55.The third lowest was from 3 Kings Environmental, Inc.,in the amount of$4,809,077.66.The fourth and fifth, TITAN Earthwork,ULand Road Construction Northwest, {nc.respectively, were below the engineer's estimate as were the lowest three. TITAN's bid was found to have an error which was corrected,lowering its total from the initially reported$4,917,306.84 by$62.22 to$4,917,246.62. Neither this error nor the one other error found among all the bids altered the order of the bids or the placement of TITAN's below the engineer's estimate.The other three bids exceeded the engineer's estimate,the apparent high from JR Hayes Corporation, by$568,139.42 at$5,528,909.52, 11.5 percent above the EE.JR Hayes's bid was found to have a transcribing error which did not affect its bottom line total. No other irregularities were found. Sufficient funding is available to award the contract to Johansen Excavating, Inc., in the amount of $4,424,412.72. H:\Division.s\TRANSPOR.TAT�DESIGN.ENG�wilhoit\LOGANconcpanel\Project Files Setup\600 Pre-Construction\620 Advertising and Award\LOGANContract Award swooshgram.doc AGENDA ITEM #7. g) lason Seth,City Clerk Page 2 of 2 September 8,2015 Attachments: Bid Tabs cc: Doug Jacobson,Deputy Public Works Administrator—Transportation Jim Seitz,Transportation Planning Supervisor James Wilhoit,Project Manager Juliana Fries,Transportation Programming Coordinatar Project File h:\division.s\iranspor.tat\design.eng�wilhoit\loganconcpanel\project files setup\600 pre-constru�tion\62Q advertising and award\logancontract award swooshgram.doc I CITY OF RENTON 1 of 3 BID TABULATION SHEET Project: Logan Ave. N -Airport Way to N 6th St.-CAG-15-134 �ate:09/01/15 FORMS Bid Total from Bidder Proposal Non-Coll Cert for Disad. Bid Prop Local Agency Schedule of Prices Add ack Decla Fed Aid Cert Bond Sub-Cont DBE *Includes Sales Tax 3 Kings Environmental, Inc. Schedule A: $4,283,022.40 P.O. Box 280/1311 SEW Grace Ave.,Suite 101 Schedule B: $297,114.56 1 Battle Ground Schedule C: $19,050.00 WA X X X X X X Rec'd 9/1/15 Schedule D: $34,591.05 98604 3:05pm Schedule E: $175,299.65 I Ron King TOTAL: $4,809,077.66 �� Gary Merlino Construction Company Schedule A: $5,068,480.00 ' 9125-10th Ave.South Schedule B: $248,608.80 I 2 Seattle Schedule C: $20,730.00 WA X X X X X X X Schedule D: $36,244.50 98108 Schedule E: $68,437.50 Charlie I Oliver TOTAL: $5442,500.80 Johansen Excavating Inc. Schedule A: $4,121,371.65 n 28215- 112th St. East, P.O. Box 674 Schedule B: $148,336.91 � 3 Buckley Schedule C: $14,819.00 Z WA X X X X X X X Schedule D: $54,721.53 � 98321 Schedule E: $85,163.63 n lacob y Cimmer TOTAL: $4,424,412.72 ('1� 3 � � Engineer's Estimate $4,960 S�0 ti . 1 CITY OF RENTON 2 of 3 BID TABULATION SHEET Project: Logan Ave. N-Airport Way to N 6th St.-CAG-15-134 �ate:09/01/15 FORMS Bid Total from Bidder Proposal Non-Coll Cert for Disad. Bid Prop Local Agency Schedule of Prices Add ack Decla Fed Aid Cert Bond Sub-Cont DBE *Includes Sales Tax 1R Hayes Corporation Schedule A: $5,108,809.70 22430 SE 231st St. Schedule B: $227,597.94 4 Maple Valley Schedule C: $28,991.00 WA X X X X X X X Schedule D: $69,778.88 98038 Schedule E: $93,732.00 Rob Bonnett TOTAL: $5,528,909.52 Olson Bros. Excavating, Inc. Schedule A: $4,413,458.00 6622- 112th St. East Schedule B: $154,668.75 5 Puyallup Schedule C: $18,575.00 WA X X X X X X X Schedule D: $19,589.55 98373 Schedule E: $81.851.25 Steve Olson TOTAL: $4,688,142.55 R.W. Scott Construction Co. Schedule A: $4,974,835.00 � 4005 West Valley Hwy., Suite A Schedule B: $193,924.50 � 6 Auburn Schedule C: $29,050.00 Z WA X X X X X X X Schedule D: $31,043.25 � 98001 Schedule E: $79,387.50 n leff y Scott TOTAL: $5,308,239.25 I'T1 � � V Engineer's Estimate $4,960�0 CITY OF RENTON 3 of 3 BID TABULATION SHEET Project: Logan Ave. N -Airport Way to N 6th St. -CAG-15-134 �ate:09/01/15 FORMS Bid Total from Bidder Proposal Non-Coll Cert for Disad. Bid Prop Local Agency Schedule of Prices Add ack Decla Fed Aid Cert Bond Sub-Cont DBE *Includes Sales Tax Road Construction Northwest, Inc. Schedule A: $4,650,284.00 P.O. Box 188 Schedule B: $146,806.65 Renton Schedule C: $14,675.00 7 WA X X X X X X X Schedule D: $59,652.53 98057 Schedule E: $87,945.99 ', Peter ' Kenney TOTAL: $4,959,364.17 I TITAN Earthwork, LLC Schedule A: $4,511,950.97 1380616th St. East Schedule B: $217,790.02 Sumner Schedule C: $45,840.00 8 WA X X X X X X X Schedule D: $56,753.85 98390 Schedule E: $84,972.00 Steven Greiling TOTAL: $4,917,306.84 � � Z O � � m 3 � V Engineer's Estimate $4,960�QO '�, - . A GENDA 1 TEM #7. h) � '��CITY OF -- enton �� • • . • -. � SUBJECT/TITLE: Primary Election Certification RECOMMENDED ACTION: None; Information Only DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 . • . 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 � ' • � • The results of the 8/4/2015 Primary Election certification from King County Records and Elections for Council Position No. 4 are as follows: • Charles D. Seil 419 votes-5.08% • Ryan Mclrvin 5,034 votes-61.05%- NOMINATED • Monique Taylor-Swan 2,741 votes - 33.24%- NOMINATED • Write-in 52 votes- 0.63% : A. Certificate of Nomination , + • � � • None. � A GENDA I TEM #7, h) �, King County Deparfmenf of Elections Sherril Huff, Director STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) This is to certify that on August 4, 2015, there was held a primary election in the City of Renton, King County, Washington, for the nomination of candidates; That the results of the election were duly canvassed by the King County Canvassing Board on August 18, 2015, and the results of said canvass are as follows: Council Position No. 4 Charles D. Seil 419 5.08% Ryan Mclrvin 5,034 61.05% Nominated Monique Taylor-Swan 2,741 33.24% Nominated Write-in 52 0.63% Dated at Renton, King County, Washington, this 19th day of August 2015. � �� herril Huff, Dir�tor � RNT-EL-0100 � 919 SW Grady Way, Renton, WA 98057-2906 � 206-296-1540 TTY Relay:711 � www,kingcounty.gov/elections ''� -- _ � AGENDA 1TEM #7. i) �i -_ � ClTY OF -- ento�. � � • • . • -. � SUBJECT/TITLE: 2016 Community Development Block Grant Funds RECOMMENDED ACTION: Council Concur DEPARTMENT: Community& Economic Development STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 , • . Expenditure Required: $ 599,682 Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ 599,682 Total Project Budget: $ N/A City Share Total Project: $ N/A � • • � • The City of Renton is required to hold a public hearing to provide an opportunity for public comment on its proposed allocation and use of 2016 Community Development Block Grant (CDBG) funds. In 2016, the City is estimated to receive $599,682 in CDGB funds. From that amount, the City must first provide contractual set-asides per the Joint Agreement with King County consisting of County Administration ($59,968), County Capital Administration ($11,994), Housing Stability Program ($29,984; provides rent and mortgage assistance to prevent individuals or families from eviction), and King County Housing Repair Program ($119,936; provides interest free loans and emergency grant services to low-and moderate-income homeowners to repair their homes). The net amount available for the City's use after set-asides is estimated to be $377,800. Of the $377,800 remaining after set-asides, the City proposes to allocate $59,968 for Planning and Administration, leaving a balance of$317,832 that is proposed to be allocated to continue the Downtown Commercial Rehabilitation and Facade Improvement Loan Program ("Program"). The Program currently utilizes CDGB monies to incentivize and assist property and business owners to rehabilitate existing commercial buildings in the combined Downtown and South Renton subareas of the City Center Community Plan, as part of an effort to encourage private investment, attract new and expanding businesses, and provide additional economic opportunities to an area where at least 51%of its residents are low- and moderate- income persons. : A. Issue Paper B. Facade Improvement Loan Program Brochure � • � � • Authorize a public hearing date on October 5, 2015, for public comment on the City's proposed allocation and use of 2016 CDBG funds for human services and economic development activities. AGENDA 1TEM #7. i) DEPARTMENT OF COMMUNITY �r'�""'�,T,,oF -- & ECONOMIC DEVELOPMENT Renton Q M E M O R A N D U M DATE: September 14, 2015 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Chip Vincent, Community& Economic Development Administrator STAFF CONTACT: Cliff Long, Economic Development Director John W. Collum, Community Development Project Manager SUBJECT: 2016 Community Development Block Grant(CDBG) Funds ISSUE: Should the City of Renton hold a public hearing to provide an opportunity for public comment on its use of 2016 CDBG funds for human services and economic development activities? RECOMMENDATION: Authorize a public hearing date on October 5, 2015 for public comment on the City's proposed allocation and use of 2016 CDBG funds for human services and economic development activities. BACKGROUND SUMMARY: The City of Renton is required to hold a public hearing to provide an opportunity for public comment on its proposed allocation and use of 2016 CDBG funds. Staff recommends that Council set October 5, 2015 as the public hearing date. Upon approval of the date, the City Clerk will publish a public notice announcing the hearing date. Starting with its 2015 CDBG funding, along with some unallocated 2014 CDBG monies, Council approved using these valuable federal dollars for local economic development activities along with King County-operated human services activities that are typically funded through this source. Staff will recommend that Council continue allocating CDBG monies for both types of services with its upcoming 2016 CDBG funding. In 2016, the City is estimated to receive $599,682 in CDBG funds. From that amount, the City must first provide contractual set-asides per the City's joint agreement for CDBG funding with King County("Joint Agreement"), some of which fund important human service programs that provide valuable assistance to Renton residents. The set-asides consist of: A GENDA 1 TEM #7, i) Ed Prince,Council President Page 2 of 4 September 14,2015 ■ County Administration: $ 59,968 ■ County Capital Administration: $ 11,994 ■ Housing Stability Program: $ 29,984 (provides rent and mortgage assistance to prevent individuals or families from eviction) ■ King County Housing Repair Program: $119,936 (provides interest-free loans and emergency grant services to low- and moderate-income homeowners to repair their homes) The net amount available for the City's use after set-asides is estimated to be $ 377,800. Of the remaining$377,800, the City proposes to allocate $59,968 for Planning and Administration (the maximum amount allowed), leaving a balance of$317,832 that is proposed to be allocated to continue the Downtown Commercial Rehabilitation and Fa�ade Improvement Loan Program ("Program"). The Program was approved as part of Council's action last year to allocate CDBG monies to fund local economic development activities, in an effort to provide financial assistance as an incentive for owners in the Downtown and South Renton subareas (as designated in the City Center Community Plan)to rehabilitate their commercial buildings, improve existing building facades, encourage private investment, provide marketable space for new and expanding businesses, achieve significant visual improvements, and improve the combined subareas' overall health and safety. Each specific project to be funded through CDBG must be an eligible activity under the U. S. Department of Housing and Urban Development regulations ("HUD regulations"), meet a national objective in accordance with HUD regulations, and comply with the Joint Agreement. In this case, the Program has been designed to target the HUD CDBG national objective of "Low- and Moderate-Income Area Benefit," which requires that at least 51%of the residents residing in a primarily residential area are low- and moderate-income persons. Recent census data shows that the combined Downtown and South Renton subareas meet this requirement. Commercial building rehabilitation is a common activity in any community's economic development program to spur private investment. Cities throughout the country have developed programs where property and business owners are offered grants or loans at favorable terms. The grants or loans are used as incentives to encourage physical improvements and correct code violations that combat blighting conditions in existing buildings, as well as to encourage the creation of jobs. The resulting improvements will also benefit residents of the surrounding neighborhoods, including low- and moderate-income households that depend upon the goods and services provided within their local communities. AGENDA ITEM #7. i) Ed Prince,Council President Page 3 of 4 September 14,2015 Generally, the Program provides a minimum of$10,000 in assistance per property, offered in the form of a no interest, forgivable loan which must be matched dollar for dollar by the applicant. Owners of properties or businesses (with landlord consent) located within the Downtown and South Renton subareas are eligible.The combined subareas are defined as properties generally bounded by Rainier Avenue/Shattuck Avenue South (west), South 7th Street/Grady Way(south), Main Avenue South/Houser Way(east), and the Cedar River/South Tobin Street (north). Residential properties or residential uses within mixed use projects are not eligible. Interested borrowers with eligible projects are required to submit an application package to be considered for funding. Since release of the Program earlier this year, Economic Development staff has held several pre-application meetings with and fielded numerous telephone and email inquiries from interested property and business owners. So far, staff has received two applications for funding. The first is for rehabilitation of the old Renton Western Wear building located at 724 South 3�d Street, whose owner proposes to make over$500,000 worth of renovations to the building's exterior, along with significant additional improvements to the building's interior to accommodate an office use on the second floor and three-to-four retail tenant spaces on the first/ground floor. Staff and the property owner have agreed upon an initial set of loan terms and a loan agreement is being drafted. Staff is recommending that the Program's loan committee (consisting of representatives from the City's Finance and Community& Economic Development departments and a local financial institution) approve the owner's request of $200,000 in Program funding to support the rehabilitation project, which is expected to start construction this fall. For the second application, staff is currently working with another property owner along Downtown's South 3�d Street to develop fa�ade improvement concepts for two side-by-side buildings. Each building contains one vacant tenant space that can support a new business. Staff is supportive of utilizing Program funding for this application (currently estimated at approximately$25-30,000), based upon its location in the downtown core and availability of two retail spaces in renovated buildings that can support new businesses bringing employment opportunities and attracting more customers to the area. Staff believes that once construction of these two projects starts later this year, interest in the Program will increase and additional monies will be needed in 2016 to satisfy demand for rehabilitation assistance for existing commercial buildings. A GENDA 1 TEM #7. i) Ed Prince,Council President Page 4 of 4 September 14,2015 CONCLUSION: CDBG funds can provide a source of funding to continue economic development activities in the combined subareas to incentivize improvements to commercial buildings in 2016. The improvements are expected to create additional economic opportunities and stimulate reinvestment in the Downtown/South Renton area, which has been deemed a priority area for economic development. Furthermore, the improvements will benefit the area's residents, including low- and moderate-income persons. Allocation of other CDBG funds to satisfy contractual set-asides per the Joint Agreement will ensure that important human service programs provided by King County to Renton residents will continue. By scheduling a public hearing for October 5, 2015, the Council will provide an opportunity for public comment on the allocation of the City's 2016 CDBG funding for these purposes in accordance with HUD regulations. � � � � — � � � �"""� '`�— � cuY„r _. : . , . _ � ''��t � �1 r:./ �.�� --- �, �. �-a, :.�. .i� �.... .;! �_. ..� .�e. ._� ..�� ai �t�.��m��nT,�w r.,��.ik.��w��u�M Action Steps... About... 1...Review the Program Guidelines at The City of Renton is offering financial www.rentonwa.gov/facadeprogram. assistance to upgrade business D O W N T O W N 2...Contact City of Renton program staff to discuss storefronts in the downtown area. eligibility. Through the Downtown Commercial C O M M E R C i A L Rehabilitation and Fasade 3...Submit application to City's Community& Improvement Loan Program,the City R E H A 6 I L 1 TAT I O N A N D Economic Development Department(CED), hopes to encourage investment in F A f A D E I M P R O V E M E N T including all requested attachments. Downtown,attract new and expanding IF APPLICATION APPROVED... businesses,achieve significant visual L O A N P R O G R A M improvements,and improve 4...Submit additional information required by Downtown's overall economic health Program Guidelines and program staff to CED, and safety. including all requested attachments. , , 5...Receive funding approval from Program Loan The City will provide loans to several Committee. businesses or property owners for projects in 2015,with minimum loan 6...Work with program staff to develop loan amounts starting at$10,000 and documents,provide any necessary closing maximum amounts subject to eligibility � information,and close loan. and availability of funds. 7...Construct project improvements,with City loan F��,' proceeds provided on a reimbursement basis -,� (unless otherwise noted in loan documents). ��e�� s��= � t,�_;_� 8...Maintain uses and property while contributing �� —`�— ` N � to the revitalization of Downtown Renton! Contact Information: . _ , John W.Collum,AICP Community Development Project Manager n Community&Economic Development Department a�, Renton City Hall-6th Floor .�/� ,.�� '�� 1055 South Grady Way '��!'!�} �r � � � v Renton,WA 98057-3232 n jcollum@rentonwa.gov � �µ� '� �� 425-430-6589 • � �� _ � � � � _ � � � _ #� _ � � An Affordable Way to Upgrade Your � _.R,F.._... � �� i � �� a�� Storefront and Enhance Downtown Renton! V �: _ � �� . �� . � � ��'�_____.�j� ��r�k r � .� r ��!�'�"t�'�� € t"L![�1 t C 1 �� - � :,��:.�,�, '�1�;��. �-'ti:L.��' ��S�Ll� [�..p,.��.�� Illllllllllf � � �. ��.� �� „��.�� ,,,�>u�,t.w,um,<�,��.�,., � Downtown & South Renton , �� .�;*: # � � ��Ka��s�w � � � =� ��w � \ � �..,� , � �� g�. s� . ��, :.> � � c«�., �W"� �- �� - Facts... Combined Subareas A�RPOR7WqV ��Rd t�`�0�. Q �B N�� y��< �`� '' --- �< . �c r`r'.r � � "' xs-� z •`�w o o( �.�- � � ._�- P�'�'' �'' �' ;..�`� . �a i"Q�q,. s��s'�'+ 3�'� �a i,..iitir�o q`�°.,.+v :'..d .��0 � _ ,�...,.�.-�.. .STICUGUM'S7 � .,a�'' n d .e x,,2 3 � ��,.....,..;,Q w�"�' ,y. •'! ■LOan AmOUnY: MInImUm Of$10,000;mdXlmUm ��r h � : �, ,a4 � , _ � sr q. �y�`. x n ��=- °, ,�+; �^,�� ..,d ��.� �g� �^z t , �� ` Lt, :� Si�a�, ..r �t.+►,<::°a�' ;4��s s� au a'�z . a, 3 subject to eligibility and availability offunds. „,�o- �' ry � �= �� +�,$��rt � � �, ��.• �:, ��-o. ,- BRON�on,wavN'� " s'roamr r � � '� � � � ■Matchin Funds: Loan reci ient to rovide '�` � �'< � '; ��` °'� ' ��'"'_ . '�� ° �,� �� ' � ` � �� " '` g p p *` �� '� sm f �� i f e s ^�� F�`• sar � matching funds in an amount at least equal to ''""`'�`�+p��T;�`� .�'�¢ ��= � ��..�.'"°'�^'+ �"��.� , � '� N ��,� � I. � i � ;�s Q the re uested loan. z � � � x � ��'`� ' �� x � �� Q 4 �. �, ,r^i °'.d�� a '��€ �a�t��'��r ._. '� i 4 � y� *� �. ��' 'reF, , �..�+- :v 2�� ,h� ■LoanTerm/Interest: UptoSyearswith0% -,t�.sc"�`'�i`~�,�:r ��;�°�, �, » I� s�. � ��_�� -��,� � , � � �,��'�o�,� , .�rb�`'��°� � .Z> a- interest;loans may be forgivable subject to �� ", ��, �f � - �!� .�� ,��_�. � �'` �,,,�'� ' � � � `��"'�a .� �� tt � � performance. ,� � 4, � � ` �� ■Fees: No application fee. Loan recipients subject "�01�= �� _ �� ' �-"��'�� ,��:� `w,'+' w '�<=`°�,�� . ` w ��- :� t J� p r a 4� �� , ""� �� Q��,. Q � �� .,. a to Loan Origination Fee of$150,or 0.25%of ' � '��t�{ _ �„��" � �, , �� '� �� -��, � Q�� ` "*� � �� s � ��'� � ` "'� �e-,'�� ; '�€,�,.i� � -�. � �� C� -� P� ��, .,� . the actual loan amount(whichever is greater) `�.� ,„« �-r�` '> � +� �''> � �Z. � � �R� - .�� r � y„�a, , �� ` s and Closing Costs(including any legal fees)of ';v''�� '" rAcc`�'' � ��9� � �'�� `*� `�,�!� � �'"''� w: -t �� w �: �� '��'O� '" a� �� ` ..� BVD �x ��:�� _ �, _r co';r y �.i �, - t 'a 3 u�j�cr'¢� .'� �5�..'4��' ..qe,�� y ��. SO%Of LOtBI aCtUal COSLS. `r` S<t � , - w .€ > "�"�� "�° d �`�,t ��. UN . �� '.+t a� r ' 'i,,,,�'.� �. �--�--a.c.=...:.-� S.�'+/� q �l�� , s �" `"7� � � x 7zc�c, � � u, ti � "-` 7 -, .��•' I, ■EligibleApplicants: �,. s��, �z.�, .�� "� ."' �.�. ' � ,�: w m�:;�� Q�"� ',� � e�0��•�E�k , � � � �� "r �, e '�.^53RD FL ... : �w.`..� O:: oi �� m ... '� a�# �Q yY S o For-profit or nonprofit operating businesses , �� _ . �� - � . -5 _ � � �`�� -Q e�o F � � �'� � �� .• „,,�'c� -. � a' �� > i � � �n a �y.' - 3 _ �AQoS �r+� �y, .� . al .. _ x = ��@��.. �..�, ��. �„ ." �� `�._.�.�"' � ,yt��, d: nw �� . t_♦ �t�_1 �."� �. � (new or existing)seeking to locate or expand � ,�'`' `_ �'� � ' !� a� � � � � `�' ` ..., •"� ,� . � �� >.�,._; r � 7 r 49,'�a (l a (with landlord/propertyownerauthority). ' � 4 ��„ �' Z`8;:i ,� z � $,i7NS k � y 3 � �� f ^ t"�. �•,<, s ' �nn o v� '4 1 � Oh i,` ,,. m, r,�..L'; � �..� +a.r o Owners of existin buildin s vacant or ��' � '�� 'f � ,�`' � � ='� g g � *Ktai ti a+r��` � � ��3 � �; .� � �a-� w' ii .w �iFA,� '! _ ,,,�� t��*"� +k r �`"'' C . ' � 9 �.', ¢ �i�i . .-F } �, OCCUpIfC�)WILh B�2-USQ�J�BfI. d�� .�. ��.�. ��m . - cYi�,��.t �" ��vAVv� -'� �� `'s,� � �' � � ["��t .-t. . �"�.:� ■Eligible Uses: =,uci�, �` '�`�, ` 4iH P4 � �d�"'' b�-_ � --� h '�� ^�' � , � -` o Im rovements to existin commercial '=�,�� ` ��;�SW ':"'� ��`'�'�� -+ `� � ,� �� `�;�4 d � � ��' 4, ��.� �' � � F � building facades,including windows,doors, ��,�`.S' ' � '_:�� , ,h w � "� �: �`'_•�`�' ' � �`�`�`-'� z �'+ �' 9� ;�� ,�e�ed'ea' `«»� -�a">�.. rM m- �� .� ��` � .�,� i r�*°r`. �� . walls,roof,foundation,paint,awnings, ``"� ��+�' � �= r �a a�� ~m ,� � �_, € , .� , .Q � iQ,�' � i9�•�� .A� "+' � v� .a x ._� �A � '*'�..�-s �y Y. `re��p.,"� z''" �" �� XSTF%�`-� signage,light fixtures,etc. N � �� ,Rz�� 0 500 1�0 Feet - f s�1� O —� h —£ : �J� ' �f� �AiSr ��` it'1 3 � � o Upgrades to bring existing commercial + �� _ .� � �� " ^" � ,� � �� '� �;,. sf rA��' buildings into compliance with current codes � CommunieyaeEconomic Development �' �� '^� =`�; �i �� '��s s�P�� .,�� `' ��,, �� °;�� w y� � ce'ctip'wM«n eaa,e.en..�.� F� m .^�,ff .��„ ., � �� Q� � .� z. ,�� .�. F�� , ''�.z"5;'�, ,�a (COI'f2Ctlllg QXISLIfIg COCl2 VIOIaYlOf15�. �;,,;n„m. �siwyn ._ �t '• � � •s �� Q,P !a f � ? �++ ¢�'j-- �, r_C�' �h,� c+'sr r F i SG � w � v��-€i��f,� �ra.. ��..� �.�. e o Off-site infrastructure upgrades that are a � r�°�" � �'"`s� _ � �� ' — �` ° ----'�'��t'�.��J C l�, � i ''�'� � � �� '� ��oowntown 8 S_Renron Comb nea Subareas requirementofacity-approveddevelopment ` , � ��-�,,_� � � ��--�_= r�,� �e�., ,��f�'- � p�an. Existing buildings must be lotated within the Downtown or South Renton combined subareas as designated within the City Center Community Plan(see boimdaries above). o Soft costs(professional fees,consultant studies,property reports,etc.)related to � eligible uses. ��.� .{ �'�""'�`� �„ � �,� � ■CDBG: Projectsselectedforfundingmustcomply Project Evaluation... �«'�� `'r `j,4 trras�^�a!" 1.��'\\�..:, with guidelines established by the U.S.Housing � ��?�-� and Urban Development DepartmenYs CDBG �';x`�' ��`"�"�� Projects seeking to be funded must demonstrate a R program. reasonable level of feasibility and impact on improving �� ' ■ Use Provision: Properties with improvements �� n- the economic viabilit of the downtown area. A licants �" `"' utilizing loan proceeds are subject to Y pp recordation of a lien or deed of trust placed and projects will be evaluated in the context of ineeting ',�;", _ -�-��:s�---- against the property for the term of the loan, criteria in the areas of feasibility, project impact/public ^� �� s`�� including provisions that uses and condition of benefit,quality and significance. - � the property are adequately maintained. �� AGENDA ITEM #7,j) ��`CETY OF ~ +��'l�t�rl �` • . • . . .. � SUBJECT/TITLE: Emergency Management Performance Grant Award Letter RECOMMENDED ACTION: Counci) Concur DEPARTMENT: Fire & Emergency Services STAFF CONTACT: Deborah Needham, Emergency Management Director EXT.: 7027 . . . , -... :....:.... . . �::;: .: , Expenditure Required: ' $ N/A� ' Transfer Amendment: ` $N/A Amount Budgeted: $ N/A Revenue Generated: $ $72,093 Total Froject Budget _ $�72�093 �, City Share,Total Pro�ject $rNJA�,,_ _ . � � . � The Emergency Management PerFormance Grant (EMPG) is a federal fiscal year grant that funds emergency management services the City would otherwise be unable to provide. Due to delays in the issuance of FY 2015 grant contracts, an award letter has been issued serving as official notification of the city's FY 2015 EMPG award of$72,093. Council approval of the award letter is necessary in order for current eligible expenditures to be charged to the grant. Without Council approval, those expenditures, which were not planned under the , city budget, would become ineligible for grant reimbursement and would have to be absorbed by the City. . . A. FY15 Renton EMPG Award Letter �I B. Draft Resolution �li � � ' • �� • • Approve the FY 2015 EMPG award letter and adopt the resolution accepting the award. AGENDA /TEM #7,j) 4`�'`�A�a� o � a - 9 y a��6 5TATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS: TA-20 Building 2Q « Camp Murray, Washington 98430-50Q0 Phone:{253)512-7000 • Fax:{253) 512-7207 August 12,2015 Debarah Needharn City af Renton Q�ce of Eme�genty Management 2055 S Grady Way ` Renton,WA 98051-3232 � � Dear Ms.Needham: � This letter serves as official notificatian that the City of Rentan O�ce af Emergency Management will � receive a Federal Fiscal Year 2015 Emergency Management Performance Grant(EMPG)award in the amount af$72,093 from the Washington State Military Department. I Once we receive the fFY 2015 EMPG awa�d,a grant agreement contract wiil be ini#iated and forwarded I to your grant contact. ' Thank yau for yaur patience.If you have any questions,please contact:Gary Stumph,253-512-7483, , �arv.stumahf�mit.wa.aov,or Sierra Wa�deit,253-512-7121,sierra.warde{it�mii.wa.eov. Sincerely, �� ' � Charma Anderson Preparedness Grants Section Superviso� AGENDA ITEM #7,j) CITY OF RENTON,WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT FROM THE STATE OF WASHINGTON EMERGENCY MANAGEMENT DIVISION. WHEREAS, the Emergency Management Performance Grant ("EMPG") Program provides federal funds to assist state, local, tribal and territorial governments in preparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act (6 U.S.C. § 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.); and WHEREAS, the State of Washington ("State") passes through a portion of the federal award to local jurisdictions to sustain and enhance local emergency management programs; and WHEREAS, the City submitted a timely application and has been awarded a Federal Fiscal Year 2015 EMPG in the amount of$72,093; and WHEREAS, the City has received an award letter from the State, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which serves as the official notification of the award, with the grant agreement contract to be prepared at a later I� date;and WHEREAS, as the EMPG has begun to come in later in the year, it leaves a gap during the performance period when the City cannot spend against the grant, effectively shortening the performance period; and 1 AGENDA 1TEM #7.j) RESOLUTION N0. WHEREAS,as the grant agreement contract has not yet been prepared by the State, it is necessary to accept the grant by resolution in order to utilize the grant funds as soon as possible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are found to be true and correct in all respects. SECTION 11. The City Council does hereby accept the Federal Fiscal Year 2015 EMPG in the amount of $72,093, and does hereby authorize the Mayor and City Clerk to execute the grant agreement contract at a later date. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A.Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren,City Attorney RES.1678:8/17/15:jlc 2 IITA AGENDA ITEM #7,j) � � a �,� i�n STATE OF WASHtNGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS:tA-ZO SUi�l�ll7g ZO • Camp AAurray, Washington 98430-5000 Phone:(253)512-7000 • Fax:(253)512-720� August 12,2015 � Deborah Needham City of Renton OfFice of Emergericy Management 1055 5 Grady Way Renton,WA 98057-3232 Dear Ms.Needham: This letter serves as official rwtif'ication that the City of Renton Office of Emergency Management will receive a Federal�iscal Year 2015 Emergency Management Pe�formance Grant(EMPG)award in the amount of$72,093 from the Washington State Military Department. Once we rece'roe the FFY 2015 EMPG award,a grant agreement contract will be initiated and forwarded to yourgrant contact. Thank you for your patience.If you have any questions,please contact:Gary Stumph,253-512-7483, ¢arv.stumnhc�mil.wa.aov,or Sierra Wardell,253-512-7121,sierra.wardellL�o.mil.wa.�ov. Sincerely, s m.�o�-�-d�C � Charma Andersan Preparedness Grants Section Superviso� Exhibit A—RES. 1678:8/17/i5:jlc AGENDA /TEM #7, k) 1 � CITY OF �.._._. �'I1tCJ11 � � • � . � -. � SUBJECT/TITLE: Cost Reimbursement Agreement RECOMMENDED ACTION: Council Concur DEPARTMENT: Police STAFF CONTACT: Mike Luther, Commander EXT.: 7639 . •. ,��K�.:._LL.... , � _. ,�N7.�.£..�. . . Expenditure Required: "$A0,298,37 7ransfer Arriendment. $ NjA Amount Budgeted: $ N/A Revenue Generated: $ 40,298.37 ,. Tota1 Project 8ud et•., : ..; , _ _ tY S � �A g,. Ci hare Totai��jec� N . ..., , ..�„: . �,.�M��:��:�s..�.�. . � , ��. ..� �:� ��r � . � • • � • The proposed agreement would allow the Renton Police Department to receive funds from, and work with, the King County Sheriff's Office for the purpose of verifying the address and residency of registered sex and kidnapping offenders. The goal of this verification is to improve public safety by establishing a greater presence and emphasis by the Renton Police Department in King County neighborhoods.The Detectives work overtime doing this, and then the Police Department submits the overtime to the KC50 for reimbursement under this grant. : A. Cost Reimbursement Agreement , � ' • �� Authorize the Mayor to sign the Cost Reimbursement Agreement. � AGENDA 1TEM #7, k) Cost Reimbursement Aereement Executed By King County Sheriff s Office, a department of King County,hereinafter referred to as"KCSO," Department Authorized Representative: John Urquhart, Sheriff King County Sheriff s Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Renton Police Department,a department of King County, hereinafter referred to as ""Contractor," Department Authorized Representative: Kevin Milosevich, Chief of Police 1055 South Grady Way Renton, WA 98057 WHEREAS,KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders;and WHEREAS,the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS,as part of this coordinated effort,Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS,KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS,KCSO will oversee efforts undertaken by program participants in King County; ' NOW THEREFORE,the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated � AGENDA 1TEM #7, k) Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight(8)Articles: . ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1,2015 and shall end on June 30,2016 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders,once every twelve months. • of Ievel II offenders, once every six months. ' • of level III offenders,once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A"is the Offender Watch generated"Advanced Verification Request Report"that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an"Officer Contact Worksheet"completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be comnlete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the Sth of the month following the end of the quarter. The first report is due October 5,2015. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Page 2 of S July 30,2015 . • A GENDA 1 TEM #7. k) Cost Reimbursement Agreement Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwazded to KCSO by the 10�'of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's time would be compensated in the absence of this agreement. Each request for reimbursement will include the name,rank, overtime compensation rate,number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed,that the information described in the request is accurate,and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement aze restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods;and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: 1)The item you would like to purchase, 2)The purpose of the item, 3)The cost of the item you would like to purchase. You may send this request for pre-approval in email format. Requests for reimbursement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. ' All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax,shipping,or installation, will be the responsibility of the Contractor. Page 3 of 5 luly 30,2015 � � AGENDA ITEM #7, k) Cost Reimbursement Agreement Requests for reimbursement must be sent to Attn: Tina Keller,Project Manager King County Sheriff s Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Forty Thousand Two Hundred Ninety Eight Dollars and Thirty Seven Cents ($40,298.37). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2016 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C"is a"Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony"Failure to Register as a Sex Offender"case to be referred/filed with the KCPAO. Unless,due to extenuating , circumstances the witness is incapable of writing out their own statement,the contacting of�icer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim,the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D"is the"Filing Non-Discoverable Face Sheet." This form shall be « » el n Failure to Re ister as a Sex Offender case that is refened attached to each F o y g to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING,NOT SUPPLANTING Funds may not be used to supplant(replace)existing local,state,or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime-To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the awazd of a grant. • Additionally,by the conditions of this grant, you aze required to track all overtime funded through the grant Page 4 of 5 July 30,2015 AGENDA ITEM #7, k) Cost Reimbursement Agreement ARTICLE VII.AMENDMENTS No modificarion or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto.The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. IN WITNESS WHEREOF,the parties have executed this Agreement by having their representatives affix their signatures below. City of Renton KING COUNTY SHERIFF'S Renton Police Department OFFICE Denis Law,Mayor John Urquhart, Sheriff Date Date Attest: Jason Seth,City Clerk Date City Attomey,City of Renton Date re�s ors my 3o.2o�s _.��......_.�_.. . ... ._ _��..------.....--....._..... -� N �� -FE1N #7:��k� �►PPEN � . k P'dg@: � . � Verification Request Ayeney; 16r►g Camty WA She�IPa OIRce Administrator: K(nQ Ccunty ShetNra Oftfae RSCPhorre: (��-2120 Date: 6H52015 . • . � OPfender l�ortratlon OHender Photo ' �e 7EST,TEST TEST Regiatration A 2236249. � , , � POB ' SSN . . :. D08 01/01/1999 qge 18 Alt Reg A ' . . . .. � O�lent Dn.LicJState �xr;�;;, PHOTO NOTAVAILABLE �; .:,,. . , .. .>. � Raee Nat. NO Seledton FBI °�:;'�,. �.•� � :' . :.,:, •,�,� � - r:4^4`�v.� . . . ��. HeigM Halr State ID �'��kr; -- . • • . . • .. . ' Wsight � Eyes LastVeriRed: ,''1 ��" ' I� ':�t:-. �� \'.r�'l�}' � �. Risk 7YPa Comm. ';'��,''i^'�~ . _ <;;:;c,�� . .J_ i _ `:�:.:_ � . y�.` �n`\.., ��:�Y-.'� L�•9� 7 ��.��t^, . 7�,.•��, Z � Aetive OfRcerAlert ��, .�,r.. :aJ��'`=F;?'�:;�'c`� Efllp�0y111@II�Gf1001 �"��^,�._:;t� '•:;.- ! � ;:�;,:: `:i:�.}Y�' I Name � Addrees ,�'r.:. �''' 8upenisor Phare ..�r..,�."'•�;e"t `�."t!„``��:�'�,, ' Residence (Bold-Primary Home Addre�s) �:;,:'^.' Street •:�'.';''�•:;<�r'+' � •"•i�t��`.;'.. . ' • :S:it. ..,��:r._.... A�� '�t..l�h � ,� `,�..�.n�: Phone (eWd-Primary Coet�t Numbers��'��:,��'u;�. ScarslTattoos • Number Type _,p�e.��pNcn I LoeaUon Type Desaiptlon .. . +�_na;;.. ,�..,Y=` . � ,� �a.. .,.. VehIcIB '�mo` ~. , '+:,�'.�+c--.. , INake Model Celor:��<,.:Ysar Llcenae State VIN Comments ' •-`�ti ' ��a.� "3_S` �^,"� . OBense baEe RS CodalDescriPtion��`4.. Corrvlceed Released Case f Crime Defeils I do hereby atkst,under penalfres of pe�ary,that eny�d afl Iniorrrration ooMah�ed here is ' wr�ent and aacuraEa on lhis dey af 20 . Oifender Siqnstune: 04Boer Signature: Oate: I . • I woe�w0a ey oR«iaerwwen-ww.raed+�rwmaoom I I � � Exhibit B �GISTE OF ICER CONTACT WORKSHEET�FICATION � W OFFENDER DETAILS: � OFFENDER'S NAME: � DOB: 0 ADDRESS: � CITY/STATE/ZIP: Z OFFENDER PHONE: � ZIP CODE.: � EMPLUYER: � WORK PHONE: Q OFFENDER LEVEL IF KNOWN: � FORM OF ID: DATE & TIME OF CONTACTS: *SEE KEY BELOW FOR CODING DATE/ I RESULT: I DA�/ RESULT: TTME: TIME: DATE/ I RESULT: I DA'j'g/ RESULT: TIME: TIME: DATE/ I RESULT: I DA'j'E/ RESULT: 'I'IME: TIME: DATE/ RESULT: Dq� RESULT: TIME: . I TIME: DATE/ RESULT: Dp�/ RESULT: TIME: I TIME: RESULT OF CONTACT: MADE IN PERSON CONTACT: YES [� NO � FTR CASE NUMBER ASSIGNED IF NO CONTACT MADE: STATEMENT TAKEN: YES ❑ NO ❑ REPORTING PARTY INFORMATION: REPORTING PERSON: � DOB: I I MAILING ADDRESS: I CITY/ZIP: � I TELEPHONE: I ALT# I I RELATION TO OFFENDER: NONE(UNKNOWI�❑ KNOWN❑ � RELATION: I I *CONTACT CODE KEY: 1 =OFFENDER MOVCD 5 =I-IOUSE FOR SAI.G 9=TOOK STATEMENT 2=BAD ADDRESS 6=ARRESTED 3=NOT 1-(OME 7 c>I�I'IiNI)I?It IN .I,\Ii, 4=CHANGE OF ADDRESS 8=DEAD ' • � OFFICER/DETECTIVE: AGENCY: + I � AC��ITEM #7. k) Date Agency/Officer Incident n�ber Wiiness Statement—Failure to Register Suspect's Name: � Suspect's I,ast Registered Address: Witness'Name: Wimess's Home Address: � Wimess'Home Phone N�ber Cell: Other: How do they know the suspect(please be as detailed as possible)? . *If suspect rented an apartment or a room from the witness,please have them provide a copy of any documentations to this effect and any documentations the suspect moved out Did the wihiess ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing hitn/her there? , When did they stop? I'' Why did the suspect stop staying at the address? I Did the suspect keep any personal belongings there? I In general,when is the last time they saw the suspect? Do they know where the suspect moved to or their current whereabouts? • Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at hisJher last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington,I certify that the foregoing is true aad correct Witaess' Signature date � � AGENDA /TEM #7. k) EXHIBIT D WASPC GRANT FILING NON-DISCOVERABLE TO: KCPAO—Special Assault Unit—Seattle DATE: FROM: INCIDENT#: AGENCY: SUSPECT#1: DOB: I RACE: I SEX: M ❑ F❑ I HGT: I WGT: SUSP#1 ADDRESS: CHARGE: Failure to Register as a Sea OH'ender I DATE OF CRIME: VICTIM#1: State of Washington I DOB: VICTIM#2: I DOB: INTERVIEWED BY: NO ONE I DPA NAME: . I ITYPE OF CASE: FTR-Failure To Register • I OTHER TYPE: � � THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS � � FILING OF CHARGES:-Comments: � I � DECLINE:-Comments: � WASPC STATISTICAL REPORTING TO KCSO � Case Referral Received by KCPAO on this date: Case flled by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: AGENDA /TEM #7. 1) .�. � CtTY OF �11tC�Y1 � � • � . • -. � � SUBJECT/TITLE: Supplemental Agreement#3 to CAG-13-142 with Perteet, Inc.for Construction Management Services for Logan Avenue North (Airport Way to North 8th Street) Improvement Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: lames Wilhoit, Civil Engineer III EXT.: 7319 . • . Expenditure Requ�red: $e8�1,730 '�„ Transfer��lmre"�i�ri�ent. � N/A Amount Budgeted: $ 836,873 Revenue Generated: $ N/A ,.: ;.. . _ ..._s.-a:. Tota1 Pro'ect Bud et: : -:..,.;�:. 8,�3�A �3 City Shar�To -e, $512,971 . ..� <.-� . _ , � ..�.� . ....� .*�«�,� ��. �,�� . � ��.�,;t. �.��'�� :�.�,,w�.�£r�, _�x..�us��, �::�_:.. -« . . _.,mr a« i.. _k ,., . � e, � � � � � � Construction is expected to commence in October 2015 with an approximate duration of 9 months. The scope of construction for this project and the recordkeeping that it requires make it necessary to retain a consulting firm to provide construction management services. The firm will coordinate its efforts with City provided inspection staff. Utilizing Perteet, Inc. for this purpose makes good sense since the firm designed the project, so they are able to make good use of their institutional knowledge for construction and Perteet, Inc. has demonstrated its , competence in providing such services on the Garden Avenue Widening Project (2012-2013). � A. Issue Paper � B. CAG-13-142, Supplemental Agreement Number 3 ' . � • • �� • Execute Supplemental Agreement#3 with Perteet, Inc. in the amount of$811,730 to provide construction management services for the Logan Avenue North (Airport Way to North 8th Street) Improvement Project. AGENDA 1TEM #7. I) PUBUC WORKS DEPARTMENT �� CITY OF ---=—Renton O M E M O R A N D U M DATE: September 1, 2015 � T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: James Wilhoit,Transportation Design Project Manager, x7319 SUBJECT: Supplemental Agreement#3 to CAG-13-142 with Perteet, Inc. for Construction Management Services for Logan Avenue North (Airport Way to North 8th Street) Improvement Project ISSUE Should the City execute Supplemental Agreement#3 to CAG-13-142 with Perteet, Inc. to increase the contract amount by$811,730 for a new total of$1,600,576, and extend the completion date of the agreement to September 30, 2016 in order to provide construction management services for the Logan Avenue North (Airport Way to North gtn Street) Improvement Project? RECOMMENDATION Execute Supp�emental Agreement#3 to CAG-13-142 with Perteet, Inc. to increase the contract amount by$811,730 for a new total of$1,600,576, and extend the completion date of the agreement to September 30, 2016 in order to provide construction management services for the Logan Avenue North (Airport Way to North 8th Street) Improvement Project. BACKGROUND On June 27, 2013 Consultant Agreement CAG-13-142 was executed with Perteet, Inc.to prepare the preliminary design for the Logan Avenue North (Airport Way to North 8th Street) Improvement Project. At the time the agreement was executed, funding was not secured for any construction. In late 2013 a Transportation Improvement Board (TIB) grant was approved for pavement reconstruction from the Cedar River Bridge to North 6th Street. At about the same time Supplemental Agreement#1 was executed with Perteet, Inc., which extended the initial completion date of December 25, 2013 to December 31, 2014. AGENDA ITEM #7. 1) Ed Prince,Council President Members of Renton City Council Page 2 of 2 September 1,2015 Perteet, Inc. was chosen to provide the final design. On April 21, 2014 Supplemental Agreement#2 was executed to increase the contract amount by$395,413 for a new total of$788,846, and extend the completion date to December 31, 2015. The project was advertised for construction on August 5, 2015. On September 1, 2015 bids were opened and a contract will be awarded at the City Council meeting scheduled for September 14, 2015. Construction is expected to commence in October 2015 with an approximate duration of 9 months. The scope of construction for this project and the recordkeeping that it requires, make it necessary to retain a consulting firm to provide construction management services. The firm will coordinate its efforts with City provided inspection staff. Utilizing Perteet, Inc. for this purpose makes good sense since the firm designed the project, so they are able to make good use of their institutional knowledge for construction and Perteet, Inc. has demonstrated its competence in providing such services on the Garden Avenue Widening Project (2012-2013). The negotiated cost proposat of$811,730 is below the engineer's independent estimate. The total budget for this project, design, right-of-way and construction is $8,439,274. The proposed cost of this consultant agreement brings the projected total cost of completion to$8,279,135. cc: Ooug Jacobson,Oeputy Public Works Administrator—Transportation Bob Hanson,Transportation Design Supervisor James Wilhoit,Transportation Project Manager Juliana Fries,Program Development Coordinator Heather Ulit,Administrative Secretary I—Transportation L AGENDA 1TEM #7. I) � �/ ��tn� / �o��, Sl1 lemental A reement Organization and Address pp g Perteet,Inc. N u m b e r 3 2707 Colby Avenue,Suite 900 Everett,WA 9$201 Original Agreement Number CAG-13-142 Phone: (425)252-7700 Project Number Execution Date I Completion Date . ]une 27,2013 Septembet 30,2016 Project Title New Maximum Amount Payable Logan Ave.N.(N.Airport Way to N.6th St.) � 1,600,576 Description of Worlc Const�uction Observation and Administration Services The Local Agency of City of Renton desires to supplement the agreement entered into with Perteet,Inc. and executed on June 27,2013 and identified as Agreement No. CAG 13-142 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: . ' Section 1,SCOPE OF WORK,is hereby changed to read: See Exhibit"A"far scope of services. II Section!V,TIME FOR BEGINNING AND COMPLETION,is amended ta change the number of calendar days for completion of the work to read: September 30,2016 III Section V,PAYMENT,shall be amended as follows: Services described will cause sa increase of Eight FIundred Eleven Thousand Seven Hundred Thirty Dollars($811,730)for a new Maximum Amount Payable of Onc Million Six t�iundred Thousand Five IIundred Scventy-Six Dollars($1,600,576). as set forth in the attached Exhibit A,and by this reference made a pa�f of this supplement. If you concur with this supplement and agree to the changes as stated above,please sign in the appropriate spaces below and retum to this office for finat action. gy: Pertect,Inc. gy; `\��— �C�" 1 / �-�-----�.... � Consultant Slgnature Approving Authority Signature Crystal L.Donner,President DOT Form 140-063 EF Date Revisad 9/2005 AGENDA I TEM #7. I) Logan Avenue North (N.Airport Way to N. 6th Street) � Const�uction Observatlon and Administration Services Perteet qgreement wfth Perteet Inc. EXHIBIT A Scope of Work City of Renton Logan Avenue North(N.Airport Way to N. 6th Street) Construction Observation and Administrativn Services I NTRODUCTION This project involves the arteriai improvements to Logan Avenue Norch (N, Airport Way to N. 6th Sueet). Perteet Inc. (Consultant) wil! provide construcaon observation and administration services for the City of Renton(The City). Consultant will endeavor to protect the City of Renton a,gainst defects and deficiencies in the work of tha Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods,techniques,sequences,procedures fcr safety precaudons and programs in connection with the work GENERAL SCOPE OF SERViCES This agreement includes professional services to provide construction observation and administration services for the Logan Avenue North. Federal funds will be used in the construction of the project Accordingly,the procedures outlined in the WSDOT Local qgency Guidelines (LAG Manual) will be used during this project. The following is a description of services to be provided by Perteet, Inc. and subconsultant, including HBB (Landscape Architects). This scope of work describes the Work Elements to be accomplished by the CONSULTANT as summarized under each work element. This scope consisu of the foilowing work elements. TASK I: PROJECT ADMINISTRATION AND MANAGEMENT TASK 2: CONSTRUCTION ADMINISTRATION TASK 3: CONSTRUCTION OBSERVATION TASK 4: SURVEY SERVICES TASK 5: CONSTRUCTION DESIGN SUPPORT TASK 6: LANDSCAPE REVIEW, OBSERVATION AND ASSISTANCE TASK 7: ADA COMPLIANCE EVALUATION AND MAXIMUM EXTEfVT FEASIBLE (ME� DOCUMENTATION TASK 8: MANAGEMENT RESERVE City of Renton Page I Stope of Services Logan Avenue North(N.Airport Way to N.6th Screet)August 20 i 5 Consuuction Observation and Adminisvation 5ervices A GENDA 1 TEM #7. 1) Logan Avenue North (N.Airport Way to N.6th Street) � Construction Observation and Administration Services Perteet �g�eement with Perteet Inc. SCOPE OF SERVICES DEFINED Construction Observation and Administration Services The scope of services by the Consultant for the federally funded Logan Avenue North (N.Airport Way to N.6th Street) project is summarized below. These services will include project managernent,meetings and correspondence,corrtract administration, review of submittals, and construction observation for the City of Renton as required for the consYruction of the project,as detailed below. General Assumptions: • The atcached budget for the services detailed below is based on the services of construction observation and administration on a 140 working day schedule. � Co�struction survey is provided by the Contractor per the Contract Provisions. The Consultant's survey crew will provide supplementary survey checks or limited initial staking per the Contract Provisions and as directed by the Citp and Resident Engineer(RE). • The Conuactor will provide a field office for the Construction Management team as specified in the Contract Documents. • Consultant will facilitate the procurement of the Record of Materials(ROM)from WSDOT.Any and all fees charged by WSDOT for this service will be paid for by the City. • The City will provide earthwork inspection, material sampling, and material testing through King Counry. • Co�struction documentation will be prepared using City and/or WSDOT forms from the Local qgencr Guidelines (LAG) Manual in anticipadon of mid-project and post-project audiu by WSDOT,Washington State Auditor's Office,and FHWA Consultant will facilitate the audits that occur prio�to the completion of construction. � This is a Federally Aided project that includes DBE requirements. • Record keeping will be as required for Certified Agency (CA) compliance for Federally Funded Projects. This effort will be led by the Consultant. � Prior to the start of construction, Perteet will prepare video and photo log of the construttion site. • Perteet will prepare suspension letters and letters acknowledging substantial completion and final completion for City signature and approval. • City will prepare and sign Notice to Proceed letter to Contraaor. • Additional ef�ort beyond the reasonable industry standard for each task will be considered Extra Work. • For the following services, labor allowances are an estimate only. The level of effort required for this work cannot be accurately predicted as it depends on issues outside of the Consulrant team's control. Some of these issues include quality of Contractor submittals,number of submittals and if multiple reviews are required, adverse weather conditions, and unforeseen conditions at the site. Atlowance for any such issues including but not limited to multiple submittals due to unacceptable quality of the submittals is not included in the Labor Hours estimate. City of Renton Page 2 Scope of Services Logan Avenue North(N.Airport Way to N.bth Street)August 2015 Constructian Observation and Administration Services AGENDA ITEM #7. 1) Lvgan Avenue North (N.Airport Way to N. 6tfi Street) � Construction Observation and Administration Services Perteet qgreement with Perteet tnc. Task I —Proiect Administration and Management I.I Provide projett management of the Consultant team. This will intlude: • Project staff management and coordination with outside subconsultants and services. • Control of project budget and schedule. • Preparation of monthty invoices and progress reports. 1.2 Maintain on-going contact with the City's Project Manager via informal meetings, telephone discussions,and electronic mail. 1.3 Manage subconsultanu as required for site visits, project reporting, project reviews, and general project coordinatton. I.4 Monitor the project for potential claims or protests by the Construction Contractor,and advise the project team and City of potential ciaims and provide support on resolving contlicts and negotiations with contraaor on contractor claims or protesu ff any arises. I.5 Provide monthly reporting cf project budget status,consultant budget status.and projected cost at completion. Deliverables: • Monthly invoice and progress reports. � Monthly reporting of Cost-to-Complete and Cost-at-Completion for duration of project beginning with the first monthly estimate. Task 2—Construction Administration Provide documentation and record keeping in compliance with grant requiremenu. This is a Federal Aid project; therefore. record keepi�g wlll be consistent with WSDOT Local /�gency Guidelines and Standards. 2.1 Projett Fle/Records,ar�d documentation setup. Projectfiling Indexwill be based on the Perteet's file index unless requested otherwise,and will be modified as necessary for this project 2.2 The City will organize a�d facilitate the project Preconstruction Conference and coordinate meeting facility and meeting daxe. The City will prepare the meeting agenda and meeting notes ' and distribute PDF copies of ineeting minutes to all attendees for review. The Consukant will assist the City in preparing for the Preconstruction Conference br reviewing the proposed agenda and adding suggested topics,attend and participate i�the Preconstruction Conference. 2.3 In general, Perteet will track Materials Approval (RAMs, QPLs, Shop Drawings, Certificates of � Compliance, etc.) and Material Acceptance (i�spected stamps, materials tests, visual wariation forms) for each bid item for which there are materials. Materials inspection, approval and ' acceptance will be primarily managed by the King County Materials labontory andlor a testi�g laboratory ("Materials Laborator�') selected by The City. Specific materials tracking responsibilities wil) be coordinated with Materiafs Laboratory. tn general, we will maintain Materials Documentaaon u follows: City of Renton Page 3 Scope of 5ervices Lo�an Avenue North(N.Airport Way to N.6th 5treec)Au=usc 2015 Construction Observation and Administration Services AGENDA ITEM #7. 1) Logan Avenue Norrh (N.Airport Way to N.bth Street) � Construction Observation and Administration Services Perteet l�greement with Perteet Inc. 2.3.a Maintain project Record of Materials (ROM) on an ongoing basis to ensure proper approval of all materials incorporated into the project. 2.3.b Receive and log all Construction Contractor submittals. Transmit submittals to Consultant's office staff, and Gt�►, subconsultants, and utilities az needed for review. Return submittals to the Construction Contractor upon completion of the review process. Maintain submittals files. 2.3.c Review Contractor Submitted request for approval of material sources and Qualified Products List (QPL) Data Sheets to determine compliance with WSDOT Record of � Materials. Contractor will be directed to submit separate RAM forms for each bid item. 2.3.d Maintain files for individual bid item compliance for material documentation. 2.3.e Collect Manufacture's Certificates of Compliance and Certificates of Origin for Steel and Iron prode�cts. 2.3.f Cotlect test reports from the materials testing lab for compiiance with the information given in the contract documenu. 2.3.g Calculate force account work based on WSDOT/AGC Blue Book Rental A,greement or equivalent means for determination of rates. 2.3.h Evaluate and determine the acceptability pf substitute or "or-equal" materials and equipment proposed by the Construction Contractor, and prepare necessary documentation of material substitutions. 2.4 RFIs. Receive and log aN requesu for information (RFIs) from the Construaion Contractor. Coordi�ate Responses to RFIs with Ciq. Respond to RFIs with clarifications and interpretations of the Contract Documents as appropriate and necessary. 2.5 Consttltant will review all Change Orders and Field Directives. Recommend Change Orders and Field Directives to the City, as appropriate, and prepare Change Orders and Field Direcrives as required. 2.6 Prepare manthly progress payment based on completed work and submit to Contractor and the City for approval and payment. Mairrtain an updated"cost-to-complete" log for Citr review. 2.7 Prepare weekly project meeting agendas and conduct weekly scheduled meetings with the Construction Contractor to review the progress of the work and idenMy and address field issues. Record reports of any significant concerns and problems and forward to the Consultant's Design Team,and the City. Prepare meeting minutes,and distribute PDF copies of minutes to attendees. 2.8 Review and monitor Contractor's canplia�ce with construction schedule based upon monthly CPM updates submitted by the Corttractor. Assist Consuttant's design team, and the Ciry in verification, documentation, and/or negotiation of time extensions requested by the Contractor. Evaluate potential sthedule impacts of aIl change order work. Ciry of Rentan Page 4 5cope of Services LoYan Avenue North(N.Airport Way to N.6th Sueet)August 2015 Construction Observation and Administradon Services AGENDA /TEM #7. 1) ' Logan Avenue North (N.Airport Way to N.6tF►Street) � Canstruction Observation and Administration Services Perteet Agreement with Perteet Inc. 2.9 Co�duct Contractor employee interviews and review certified payroll for compliance at random intervals, document and file results. 2.10 Obtain and approve Request to Sublet. 2.I I Obtain Nodce of Intent to Pay Prevailing Wage and Afftdavit of Wages Paid. 2.12 Monitor and track subcontractor D8E requirements to verify DBE goals are being met. Coordinate quanerly reporting of DBE goals to Local Programs. 2.I 3 Maintain orderly elearonic records and files at che job site. These records and files may include, but are not limited to: • Updated contract documents including any design revisions, fie{d directives, and change orders • Preconstruction and construction progress photos and videorapes . • Daily Inspection reports • Project photographs �, • Materials Approvals (RAMs) • Material Acceptance Ver�cation • Test reports � Record of Materials • Contractor's Schedules • Weekly statemenu of working days • Progress parment documenration and backup (FNRs) � Prevailing wage certifications • Certified Payroll • DBE documentation Standard forms will be used for records and reporting procedures. At completlon of the proiect,Perteet will provide electronic files of all documentation to the City. Additional paper files will be kept per grant requirements and will atso be provided to the City upon project completion. 2.14 The Consultant will prepare weekly construction updates for the City webmaster to post on the City's website. Information to be included for posti�g on the City's website will include activities � accomplished br the Contractor during the previous week,and the Conuactor s anticipated work for the upcoming two weeks. The Convactor's overall schedule will be provided for posting on the City's website.and as the overall schedule is updated by the Contractor.this i�formation will also be provided for posting to the City's website. The City's website will have a project specific e-mail address and phone number induded for people to pose project related questions. The Consultant will monitor the e-mail address and phone mesSages and prepare responses to comments received.Fellowing each weekly update an update link will also be emailed to WSDOT, the(otal sthool district, Boeing,and the City's police and fire departmerrts. City of Renton Page 5 Scope of Services Logan Avenue Narch(N.Airport War to N.6th Street)August 2015 Construction Observation and Adminisvaaon Services AGENDA ITEM #7. 1) Logan Avenue North (N.Airport Way to N.6th Street) � Construction Observadon and Administration Services Perteet Agreement with Perteet Inc. Deliverables: � Change orders(up to 20) • One page weekly website update • Monthly progress payments for approvai, along with all payment backup(FNRs) • Finai contract paper records at end of project,including: o All payment documentatlon backup organized by progress payment and FNR number o All contractor submittals and responses o All reviewed certified payroll organized br contractor/subcontractor o DBE quarterly reports and summary o Weekly construction meeting agendas and minutes o Weekly statements of working days o Daily inspection reports o Material testing reports o DBE onsite reviews • Electronic records of all constructlon documentation, including all paper records plus material documentation by bid item,and construction photos. � Completed Record of Materfals • Update the City's website and respond to email and phone comments/inquiries. Task 3 —Consuuccion Observation Provide services of Conswction Observation to observe the technical conduct of the construction, (ncluding providing day-to-day contact with the Corrtractor and the City. Based on the contract schedule and the estimated contract work to be completed we estimate that the contractor will have two-to-three full crews working plus subcor�tractars,and the observadon effort will require up to one full-time resident engineer and three full-time constructian observers. Therefore, this scope is 6ased on the assumption that one full-time resident engineer would be provided by the Consultant,and one full-time construction observer would be provided by the City. The Consultant wifl also provide an additional construction observer for 100-days of the Contractor's active worki�g days to cover periods when the Contractor is running three full crews and the City observer may not be available. When utitizing City personnel,the Ciry will be fully responsible for the quality of inspection;accuraty of ineasuremenu and documentation; and compliance with federal requiremenu including but nat limited to the production of IDRs and Field Note Records for anr and all work performed for said inspection services.Any additienal effort by Perteet to address issues related to aforementioned City responsibilities is not included in the Labor Hours Estimate. 3.I Provide on-site observadon and monitoring to observe the technical conduct and progress of the construction. The Construction Observers shall nat be responsible for the means, methods, techniques,or procedures of the construction selected by the Construction Contractor(sj or for any failure of Construction Contractor(s)to comply with laws, ordinances, rules, or regulatians applicable to the construction work. The parties recognize that the Construction Contractor(s) is responsible for ensuring that constrvction is in accordance with the plans and specifications. City of Renton Page 6 i Scope of Services Logan Avenue Nortfi(N.Airport Way to N.bth Street)August 2015 Construction Observation and Administradon 5ervices A GENDA 1 TEM #7. I) Logan Avenue North (N.Airport Way to N. 6th Street) � Construction Observation and Administration Services Perteet qgreement with Perteet inc. 3.l.a Project Dailr Report. Prepare daily construction reporu, detailing the Construction Contractar's operations performed for each day,and records declsions and observations of a general or specific nature in chronological orde�. Measure quantities of materials installed, log equipment and staff used,and other related items. 3.I.a.l Verify in the daily report that the Contrsctor is working with the proper traffic control plans. 3.I.a.2 Document work being done on a force account basis. 3.1.b Verify that material approval is complete(via ROM) prior to material being used on site. 3.I.c Coordfnate Materials Testing and Inspection. Coordinate report and log the resulu for fteld sampling, field testing, and laboratory testing of soils, a�ggregates and concrete to determine compliance of those materials with construction contract requirements. In those instances where unsatisfactory test results are obtained, follow through with notificatfon to the constructio�conuactor and retesting of the materials after corrections are made. 3.I.d Collect scale certifications. 3.I.e Progress Payment Verification. � 3.I.e.I Coilect and tabulate all quantity delivery tickets. 3.I.e.2 Prepare field note records in accordance with FHWA funding requiremenu. 3.I.e.3 Check that Manufactures Certifications and Certifications of Materials origins are received prior to payment. 3.I.f Ver' acce tance sam lin and �y testin fre uencies reflact the attual uantities us . P P 8 S 9 q ed 3.I.g Photograp s. e construction photographs/video tapes and progress photographs of construccion activities on a daily basis to docume�t progress of the work and job site conditions encountered, and video documentadon of project prior to start of canstruction. 3.2 Project closeout, formal acceptance, review and recommendation. Make recommendations to the Citr concerning operational acceptance, substantial completion, and final acceprance of the work. Include review of the requests for extension of time by the Construction Contractor. Include recommendation for assessment of liquidated damages, if applicable. Perform a final review and inspection of the construction work and prepare a final list of items to be corrected. After substantial completion of the project,verify completion of the punch list. 3.3 Record drawings. Review the Construction Contractor's Record Drawings on a bi-weekly basis (and upon completion of major tasks) to verify posted changes. Draft and stamp as-construeted records to be printed on full size archival quality paper at the completion of construttion. City of Renton Page 7 Scope of Serv(ces Logan Avenue North(N.Airport Way to N.6th Street)August 2015 Constructlon Observadon and AdminisGadon Services I , AGENDA ITEM #7. I) Logan Avenue North (N.Airport Way to N. 6th Sueet) � Construction Observation and Administration Services Perteet Agreement with Perteet Inc. Deliverables (Most of the inspection deliverables will be delivered as detailed for Task 2 above): � Record Drawings submitted on 22"x34"vellum. • Daily Field Note Records • Field Note Records documenting all paymenu Task 4—Surve ' es 4.1 Provide up to ten (10) days of survey services on an on-call basis. The purpose of the on-call survey wifl be to verify alignmerrt and grade of the Conuactor s work and/or to provide additional Iocation information for preparation of record drawings. Deliverables: • Staking as requested Task 5—Construction DPsien Suo�ort 5.1 Construction Design Support(limited to minor changes) 5.I.a Assist the City Project Manager with requesu where field construttion modifications or additions are requested and provide design technical assistance to field personnel. 5.I.b Visit site when needed to evaluate design issues (assumed to be once a week). 5.I.c Review shop drawings for general conformance to the contract documents. 5.I.d The CONSULTANT will provide written responses in PDF format for up ta 50 RFIs.Fach RFI is expected to take no more than 4 hours to complete including clarifications. Deliverables: • Shop drawing submittals will be returned elearonically in PDF format via email with commenu written directly on the submittal material and/or accompanied by a memorandum.if required. � Written responses to RFI's will be returned elettronically in PDF farmat via email to the Contractor Task 6—Landsca�e Review. Observaao�,and Assistance fsubcQnsukant� 6.I Coordinate landscape review,observation,and assistance task schedule and work orders. 6.I a Subconsultanc HBB will provide review of technical submittals for shop drawings,product cut sheets. soil reports, substitution requests,and material certifications (Submittals)for plandng. b.I b HBB will review and respond to Contractor Request for tnformation (RFIs) regarding planting. 6.I t HBB wilf assist the City in evaluation of Owner and Contractor proposed changes during construction (Change Orders) regarding planting items. City of Renton Page 8 Scope of 5ervices Logan Avenue North(N.Airporc Way to N.6th Screet)Augusc 2015 Construction Observation and Admi�istration Services A GENDA 1 TEM #7. 1) Logan Avenue North(N.Airport Way to N.6th Street) � Construction Observat3on and Administration Services Perteet qgreement with Perteet Inc. 6.!d HBB wiil provide up to six (6) site visiu (including punch list and final punch list review) during construction to determfne if the construction is progressing in general conformance with the design documents for planting. During site visits, inspect and approve plants and plant materials (entire shipment) when delivered to site for size, quality, plant selection and general health of the plants. Deliverables: � Field �eports for any site visits Task 7—ADA Comoliance Evaluation and Maximum Extent Feasible(MEFI Documentation The Consultant will perform an ADA compliance evaluation of the constructed pedestrian facilities. If during construction full accessibility criteria cannot be met by the sidewalks, curb ramps, pedestrian signals, crosswalks, or pedestrian refuge islands, and associated pedestrian improveme�ts, a MEF Document must be submitted to WSDOT as part of the project closeout after construction. The Consultant will provide the following services: 7.I ADA Comptiance Evaluation The Consultant will perform a field inspection of the constructed pedesuian facilities,including sidewalks, curb ramps, pedestrlan signals, crosswalks, and pedestrian refuge islands. The Consuhant will check for ADA compliance to the PROWAG guidelines, and will recvrd information on the ConsulWnt's ADA Compliance Checklists and other relative foRns. This task i�cludes set up of materials used for the field evaluation and coordination with City staff regarding non-compliant elements and justifications. , 7.2 MEF Document The Consultant will prepare the MEF documentation for the Cit�s documentation. The MEF documerrtation will reflect the final build out conditions and is anticipated to include the following elements: . Project Description—this will be a general description of the overall project � Vicinity Map • Design Standards—this will be a general statement of the guidelines/manuals used to determine compliance. • Brief statement that the pedestrian facilities were designed to full ADA compliance. • Summary tables for each type of facility, noting compliance or non-compl'rance. • Specific non-compliant elemenu listed and justificatiens for non-compliance. • Appendices including a template of the checklists and documents used for recording the compliance evaluation and the appropriate construction ptan sheeu. The Consultant will prepare a draft document for the City's review and comment The Consultant will incorporate City comments into the final document. Deliverables: � Drak elearonic copy of the MEF for the Cit�s review and comment. • Final electronic copy of the MEF,three hard copies. Ciry of Renton Page 9 Scope of Services Logan Avenue Nortfi(N.Airport Way to N.6th Screet)August 2015 Construction Observation and Administntion Services �___ A GENDA I TEM #7. I) Logan Avenue North (N.Airport Way to N.6th Street) � � Construction Observation and Administration Services Perteet Agreement with Perteet Inc. • Consultant's response to City's review comments. Task 8—Manarement Reserve Additional services may be perFormed by the Consuka�t at the request of the City.but only after written authorization has been given by the City defining the Scope of Services to be performed. Time for Comoletion All work under this contract shall be completed within 60 days following the substantial completion of the projecL The scope of this concract is based upon the Contractor completing all construction activity within the time frame specified in the Contract Documenu and is based upon a 140 working day schedule by one full-time Resident Engineer, one part-time construction observer, and support personnel as outlined in the budget In support of this schedule, our contract provides two weeks of project set up time, 140 working days of resident representatives and support stafF in addition to four weeks of project tlosure time (Closeout Record Preparation, Record Drawings, etc.). If the work schedule changes due to the contractor worWng weekends,extended hours,work perFormed during suspension, added working days due to change orders or weather delays,or if the construction activity extends beyond the contract time, the Consultant shall inform the City immediately to allow the City an opportunity to authorize additional budget for the Consultant to provide the required additional services. The additional services will be billed at the hourly rates established in the base agreement. City of Renton � Page 10 Scope of Services Logan Ave�ue Nortfi(N.Airport Way to N.6ch Sveet�lugust 201 S Construction Obsenntion and Administration Services AGENDA /TEM #7. 1) Scope of Services for Hough Beck 8�Baird Inc. City of Renton Logan Avenue North Improvements January 23, 2015 Construction Assistance Hough Beck 8 Baird (HBB)will provide the following services: 1. Review of technical submittals for shop drawings, product cut sheets, soi! reports, substitution requests,and material certifications(Submittals)for soii preparation and planting. 2. Review and respond to Conxractor Request for Information(RFIs) regarding soil preparation and planting. . 3. Assist the City in evaluation of Owner and Contractor proposed changes during construction(Change Orders)regarding soil p�eparation and planGng. 4. Provide up to six(6)site visits(including pre-construction, punch list and finai punch list revlew)during constru�tion to determine if the construction is progressing in conformance with the design documents for planting. All site visits wili be recorded with a field report prepared by HBB. 5. Produce project record drawings for planting at the completion of construction based on Contractor's red-marked drawing set during construction. Assumptlons: 1. HBB will provide assistance to the City during construction with regards to soil preparation and plan6ng.This proposal does not include day to day construction administration. P:12014 Projecb12C1�t7 Lop�n Awnue NaNhWmtMDlLonfruKlCqrutructlon PIwpWBB ComW Wm Maipyx�Seapo d WOM.tloc I AGENDA IT #7. I) Consultant Fee Determination Summary Perteet 2707 Colby Avenue,Suite 900,Everett,WA 98201 �P 425.252.7700� F 425.339.6018 ProjecL- Renton- Logan Ave N—N Airport Way to N 8th St- Const Management Client: City of Renton ; Hourly Costs Plus Fixed Fee Estimate � Classitication Elours Rate Amount Principal I 36.00 75.73 �10,299 Sr.Associate b48.00 57.00 �36,936 Sr.Assocfate B.00 54.00 �472 Engineer III 496.00 35.75 s 17,732 Lead Technician/Designer 12Q_00 33.50 $4,020 Const Technictan II 1,068.00 31.00 a33,108 Professional Land Survey 100.00 30.50 s3,050 Field Technfcian III 100.00 32.50 $3,250 Survey Manager 20.00 44.50 �890 Constructio� Engineer III 1,500.00 41.50 $62,250 Construction Observer III 1,640.00 35.00 $57,440 Accountant 19.00 31.50 $599 Clerical 2.05 23.00 ;47 Mkt Proposal Mgr 38.00 42.00 �1,596 Totaf Direct Salary Costs 5,895.00 �231,649 Overhead @ l83.13% a424,219 Fixed Fee @ 30.0096 �b9,495 Total Labor Costs ;725,362 � Reimbursables � 1 In-House Costs Q� Rate Amount Mileage-5.575 3,600 �0.575 $2,065.00 Pavia Headllght 5ystem 24 a250.000 �6,000.00 Total !n-House Costs ¢8,065.00 � Subconsultants y T� �y�Qnsultants Cost rku Amount Hough Beck&Baird,Inc. �8,285.00 I.00 �8,285.00 Total Subconsultants ;8,285.00 s8�285.00 � � Other _ I Management Reserve $70,015.�0 Totaf Other Gosts ;70.018.00 � CONTRACT TOTAL �8 I 1�730.00 f Rates sf�owr►reflect the typical compensation rate of emplorees assigned to the billing category listed., Each�ategory may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensatian is subject to adjumnent in June of each calendar yeu. Prepared By: V1/illiam R Mitchell _ � Date: August 28,2015 AGENDA ITEM #7. I) Hough Beck Baird Inc. City of Renton Logan Avenue North Imp�ovements Scope of Work and Descriptions by Task July 28, Z015 ' Principal I Manager I pesigner(�TeCh��I Admin. Item� SCOPE OF WORK ��¢'�86.45;'�_�S"�{6:35��:S_�34.A0;�;;;�27,�_SO;E,�'��-�21_00_ Reimb. Salary Cost �Task 1-Construction Assistance � 1.1 �Submittal Review � 1 � 9 � � � 0•5 � � 1.2 �Respond to RFI's � � 6 � � 1 � � � 1.3 �Change Order Reviews � 1 � 6 I I 2 I 1 ( 1.4 Construction Observation and 3 30 I 2 Fleid Reviews(61 � I I + I f ( 1.5 �Record Orawings � D.5 � 1 � � 8 � 0.5 � � � Subtotals� 5.5 � 52 � 0 � 11 � 3 � � $ 3,141 18 Total Relmbursable 1 Salary Costs' � $ 3,141.18 � Direct Salary Cost at 1.0000 $ 3,141.18 �___. __. . . . .. �.:.-r-�- ..-„-�._.._._J _. Totef Dverl�ead.Cost'aE_1:27.67�= . "� _ W ._ ..�.�_,e,�.�_�,�..a..,,.....�,.....�., ..,..., ._ 5��3:891:49.. Total Cost at 2.2707 a 7,132.67 v .......�....... .. .__. �.--�--�-__...,„,� _.. . ,.. �Fu�ea=r;e.� =aa. .. , , � x-_ . , . � ' � 2.35' � _�. ._.,..>_.,.. _.�,.., �_ . � � �..:�..�� .. . ,<,.�. Total Reimbursable Expenses $210.00 (m/iesye,parking,raproduction,pr�nting,and other proJed rsleted costs) TOTAL COST OF SERVICES S 8,285.02 XV2cnAon,GryMp�p/uft12pf20f73-lopen Aw N hnproNrrrnylWo/�rl Ghnaye�nflCmUaqIpUWH9 Fsa Prapavl.�r Page 1 of 1 Date:7/28l2015 �__ , AGENDA ITEM #7, m) .•i-. . CITY OF -_____.....•■�''''` #�C ��n � � � • • � - � SUBJECT/TITLE: Airport 820 Parcel: Rainier Flight Service Lease Agreement and Boeing Sublease Agreement RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 Expenditure Req�rerl;� � '$�C�jA�� 'tra'nsferA��ndment '$ NjA ,�, �x .. �.�Ph, . �, ._ , Amount Budgeted: $ N/A Revenue Generated: $ 53,555.29 Total Project��ui�et:--. ��Py $ Nf A�.� � �- , n i City Share'�flt��fo�'e�t - $N/A �. , �;�;. .a >;�.. , .?w ;�._ _1 ,'�^�.��aL ,.s, . . .�=h ..,., :��*�; �_.s,sa�_-,.�. r�. �* � ' • � • The Airport has a vacant parcel resulting from the demolition of the 820 Building in 2014. Both Rainier Flight Service and The Boeing Company have demonstrated their interest in the parcel through the process outlined in the Airport leasing Policies. After extensive consultation with both parties, an arrangement has been determined in which Rainier Flight Service will lease the parcel from the City under a long-term land lease, which includes milestones for the future construction of an office and hangar facility for aircraft maintenance and rental service. The Boeing Company will sublease the same parcel under a short-term agreement as an amendment to their existing lease. Boeing needs the space temporarily to park 737MAX planes during the start-up phase of the MAX program. Boeing prefers to lease directly from the City, so the City will sublease the parcel back from Rainier Flight Service and then lease it to The Boeing Company directly. The long-term lease between the City and Rainier Flight Service is for 35 years(October 1, 2015—September 30, 2050) and the initial ground lease rate is the standard rate of$0.7252, as established through the January 2015 lease arbitration. The short-term sublease between Rainier Flight Service and the City, and between the City and The Boeing Company is for 3-1/2 years (October 1, 2015—May 31, 2019) at an initial ground lease rate is$0.7252. Once the sublease expires Rainier Flight Service will pay the City the leasehold for the remainder of their long-term lease period. : A. Issue Paper B. Rainier Flight Service, LLC Land Lease Agreement—820 Parcel C. Rainier Flight Service, LLC Amendment 01-15 to Land Lease Agreement—820 Parcel D.The Boeing Company Amendment 07-15 Lease 10-001—820 Parcel � ' � � � • Approve a 35 year land lease of the 820 parcel to Rainier Flight Service, and approve the sublease of the 820 parcel to The Boeing Company under Amendment No. 7 to LAG 10-001. AGENDA ITEM #7, m) PUBLIC WORKS DEPARTMENT _ _ D ��oO� � M E M O R A N D U M DATE: August 24, 2015 TO: Ed Prince, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Jonathan Wilson, (extension 7477) SUBJECT: Airport 820 Parcel: Rainier Flight Service, LLC Lease Agreement and The Boeing Company Sublease Agreement ISSUE: Should the Council approve a 35-year land lease of the 820 parcel to Rainier Flight Service, LLC and sublease of the same parcel to The Boeing Company for 3-1/2 years? RECOMMENDATION: Approve a 35-year land lease of the 820 parcel to Rainier Flight Service, LLC and the sublease of same parcel to The Boeing Company for 3-1/2 years. BACKGROUND: On May 14, 2014 the Airport issued a "Solicitation of Interest in Airport Property" to a variety of existing Airport stakeholders for the 800 and 820 West Perimeter Road parcels. The 800 parcel included a large hangar and some apron space. The 820 parcel included some apron space and a gravel Iot, which was created when the Airport demolished an old building. From this solicitation the Airport received applications from South Cove Ventures (Aerodyne), Rainier Flight Service (Rainier) and The Boeing Company(Boeing). At the time staff recommended leasing the 800 Parcel to Rainier. As of November 1, 2014 a long-term lease was established with Rainier for the 800 parcel. Staff also recommended leasing the 820 parcel to Boeing. The lease with Boeing was never executed, so the 820 parcel remains unleased. The lease application from Southcove Ventures was declined and Southcove was notified. On April 7, 2015 Rainier submitted a second lease application for the 820 parcel. Boeing has also expressed continued interest in leasing the 820 parcel to support their 737MAX AGENDA /TEM #7. m) Ed Prince,Council President Members of the Renton City Council Page 2 of 3 August 24,2015 program. Upon extensive consultation with both companies the Airport is proposing the long-term land lease with Rainier for the 820 parcel for$53,555.29 in annual leasehold revenue. The term of the lease is 35 years (October 1, 2015— September 30, 2050). The intent of Rainier is to construct a new office/hangar facility and improve apron space to support aircraft tiedown storage, flight instruction and aircraft maintenance and rental services. Since Rainier's timeline for parcel development is a few years away, Rainier has agreed to temporarily sublease the 820 parcel back to the City while they begin site development design. Under Appendix 1 to Rainier's long-term lease Rainier is obligated to meet certain dated development milestones for the 820 parcel. Rainier will use the time during the sublease period to develop a site and building design, and then commence construction shortly after the sublease has expired. Appendix 1 also contains a provision that should Rainier fail to meet the identified milestones their lease term will automatically adjust from September 30, 2050 to September 30, 2024—a date concurrent with their existing lease of the 800 West Perimeter Road parcel. The City as Sublessee will then sublease the 820 parcel to Boeing from October 1, 2015 until May 31, 2019. Boeing will use the 820 parcel for staging 737MAX aircraft. Boeing has indicated that they only need temporary parking during startup of the production cycle and their sublease only allows them tenancy until May 31, 2019. On June 1, 2019 the sublease terminates between the City and Boeing and also between Rainier and the City. Rainier will then commence their site improvements. Boeing requested this lease arrangement because their preference is to lease directly from the City. This arrangement is similar to an existing lease the Airport has with Boeing for the 760 and 770 parcels. For those parcels Boeing is the current leaseholder but the Airport has subleased a portion of the parcels back to temporarily house general aviation aircraft. This arrangement ended August 31, 2015. This lease arrangement benefits all three parties. Rainier wil� have a long-term lease which allows them to more robustly plan and finance future development on the 820 parcel. Financial institutions will be more likely to consider lending to Rainier with an executed long-term lease. This makes it more likely that Rainier will be able to meet the development milestone dates as called out in Appendix 1 of the long-term lease. The advantage to Boeing is that it provides Boeing with temporary space to park 737MAX airplanes as that program comes on line. The 820 parcel will be able to accommodate up to two parking spaces for these new jets. The advantage to the Airport is the leasehold revenue gained through the consistent II leasing of the parcel. The annual leasehold revenue for the parcel is$53,555.29 (73.849 square feet x$0.7252 per square foot per year). Similar to other hangar construction on the Airport, any future buildings on that site will revert to City ownership at the end of AGENDA ITEM #7, m) Ed Prince,Council President Members of the Renton City Council Page 3 of 3 August 24,2015 the lease term. In addition should Boeing construct improvements that are not congruous with Rainier's future development, the Airport can request those improvements to be removed at Boeing's expense. This arrangement only works if all three agreements are executed at the same time. For this agenda bill, there is a long-term lease with Rainier(Exhibit 2); an amendment to the aforementioned long-term lease with Rainier to sublease back to the City(Exhibit 3); and another amendment to sublease from the City to Boeing (Exhibit 4). Cc: Doug Jacobson,Deputy Public Works Administrator Heather Ulit,Administrative Secretary I Susan Campbell-Hehr,Secretary II ' r i i j AGENDA 1TEM #T. m) i I l � � �a�is- , l LAND LEASE AGREEMENT � City of Rentan ta Rainier Flight Servlce LEC �'H1S BUItDING �.EASf (hereinafter"Lease"}is made and entered inta this day of „ 2015 by and between TH£ ClTY t3F RENTON, a Washington municipaC corparatian �hereinafter "l.artdlord"), and Rainier Flight Service, LLC, a Weshington limited liability carporatian (hereinafter "Tenant"}. In consideration of the covenants and agreernents set forth in this Lease, Landlord and Tenant agree as fol�ows. 1. GRANT Q� LEASE: 1.a. Dt�cumer►ts of�ease: 1'he following document constitutes thi�Lease; Exhlbit A- lease Map and Legal Description Exh�bit B- Aircraft Laws and Regu�ations, RCW 47.68.250: Public Highways and Transpartation Appendix 1 1.b. i.e�af DescriotiQn and Reservation of Easement: tandlord hereby ieases to Tenan#, and Tenant ieases from I.andtord for the term described in Section 3 belaw, the parcel at 820 West Per'rmeter Raad which is �3,849 square feet, as shown on Exhibit "A" {lease map}, which is attached hereto and incarparated herein E�y this reference, (hereinafter, "Premises"�. 1.c. Comrrfon Areas: Tenant, and its authariz�d represen#atives, subtenants, assignees, agents, tnvitees, and licensees, shall have the right to use, in common wi#h others, on a norr-exclusive basis and subject to tne Airport Reguiations and M�nimum 5tandards �as they may be amende� from time ta tirne) pursuant ta Sectian 8{e) below,the pubiic portiar� of . the Renton Mun�cipal Airpart (aka Ciayton Scott Field, her�inafter referred to as "Airport"j, including the runway and other public facilitie5 pravided tF�erean. 2.e.(2a. Natw�thstanding anythir�g �n this 1.ease to the contrary, Landlord acknowledges that d�rect access to the tax�ways and r�nway From the Premjses is essentiai to the cond�rcE of TenanYs business on t�e Prernises and, except during construction activities occurring on the taxlways, runway ctr weather related events, Landiord shai! ensure tha# Tenant ancE its representatives,subtenants,assignees, age�ts, invitees, and licensees have direct a�eess to ihe taxiways and runway at ai!times durir�g the�'erm. 2. CONDITf�NS: 2.a. Speciftc Conditions: 7his lease, and Tenants' rights and permitted e�ses ut�der this Lease,are s��ject tc�the faHowing: A GR EMENT 1 �E SE A � Ctty of Renton to Ftalnler FEight Service,Ll.0 � �RtG1'�A�. ; � _ - - -- � AGENDA ITEM #7. m) LAG 15- 2.a.{1). The Airport Regulations and Minimum Standards pursuant to Section 8{e) of this lease agreement, including Landlord's standards concerning o�eration of public aviation service activities from the Airport; and 2.a.(2). All such non-discriminatory charges and fees for such use of the Airport as may be established from tirne to time by Landlord. 2.b. No Convevance of Afroort: This Lease shal! in no way be deemed to be a conveyance af the Airport, and sha{f not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Landiard reserves the absolute rlght to lease ar permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. 2.c. Nature af Landlard's Interest,: !t is expressly understood and agreed that Landlard holds and operates the Airpo�t and the Premises under and subject to a grant and conveyance thereof to landlord from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictians, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King Caunty, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Landlord holds and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or 5ubsequent legislation of said state and a(I rules and regufations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. !t is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and ta afl contingencies, �isks, and eventualities of or arising out of the foregoing, and if this lease, its Term, or any conditions or provisions of this Lease are or become in conflict with or impaired or defeated by any such legislation, rules, regu{ations, cflntingencies or risks, the latter shall control and, if necessary, modlfy or supersede any provision of this Lease affected thereby, all without any iiability on the part of, or recaurse against, Landlord in favar of Tenant, provideci that Landlord daes not exceed its authority under the foregoing legislation, �ules and regulations and pravided further that, in the event that this Lease is modified ar superseded by such legislation, rules, regulations, contingencies or risks, all compensation payable to the Landlord for a third party's use of the improvements during the Term shall be paid to the Tenant, its successors or its assigns. 2.d. Future Develooment/Fundin�: Nothing contatned in this Lease shall operate or be construed to prevent or hinder the future development, improvements, or aperation of Airport by Landlord, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummatio� of any loan v� grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport, but LEASE AGREEMENT Z City of Renton to Rainier Fllght Seroice,LLC AGENDA ITEM #7. m) LAG 15- Landlard's exercise of such rights shall nat unreasonabiy interfere wi#h Tenant's rights under this Lease. 2.e. Aqpendix 1 GOvQrnS: In the event of a confEict between the terms and conditions of this Lease and Appendix 1, the Parties agree that the terms and conditions set out in Appendix 1 attached hereto shall supersede the terms and conditians herein insofar as they are in confiict. 3. TERM: 3.a. Term: The term of this Lease as to the entire Premises shall be for a thirty-five year period (35) commencing on October 1, 2015 {hereinafter "Commencement Date"), and terminating on September 3d, 2050 (hereinafter"Expiration pate"). 3.b.Term Provision:The Term of this Lease is also subject to the provisions identified in Appendix 1 attached hereto. 4. RENT/FEES/CHARGES: 4.a. Minimum Monthlv Rent: 7enant shali pay to Landlord a Minimum Monthiy Rent in the sum of four thousand four hundred sixty two dollars and 94/100 Dollars ($4,462.94), P�US Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payahle promptly in advance on the first day of each and every month. All such payments shall be made to the City of Renton, Airport Administratlon Office, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The Minimum Monthly Rent, begln�ing on the Commencement pate, is computed as follows: � Monthly Renta!—land Component � (73,849 square feet)($0.7Z52 per square foot per year} _ $53,555.29/yr, {$53,555.29/12 months=$4,4fi2.94 per month} PLUS, leasehold excise tax. ' 4.b. Periodic Rental Adjustment: The Manthly Rent shall be subject to automatic rd ad ustment on the third 3 anniversa of the Commencement Date and eve three ears 1 � � rY rY Y thereafter on the anniversary af the Commencement Date (any of which shall hereinafter be referred to as "Adjustment Oate") as follows: As used in this Section 4.b, "Index" means the Consumer Price index for All Urban Consumers for Seattle-Tacoma-Bremerton A!I Items (1982-84=140) (CPl-U� publisfied by the United States Department of Labor, Bureau of Labor Statistics; "Beginning Index" means the Index which is published nearest, but preceding, the Commencement Date; , and "Adjustment Index" means the index which is published nearest, but preceding, each Ad}ustment Date. LEASE A6REEMENT 3 Gty of Renton to Ralnfer FlEght Service,LLC i AGENDA ITEIVI #7. m} �i LAG 15- For the first Periadic Rent Adjustment, if the Adjustment lndex has increased over the I Beginning Index, the Monthly Rent payable far the fnllawing three (3� year period{until the next AdjusCment Datea shall he set by multiplying the Monthly Rent provided for in Section 4.a. af this l.ease by a.fraction, the numerator of which is tl�e Adjustment lndex and the denominator of which is the Beginning Index. The product shal! be the � "Adjusted MQnthly Rent." In no event shal� the Adjusted Monthly Rent determined pursuant to this paragraph bs less than the M4nthly Rent set farth in Sectiott 4.�.of this lease. For the secand and any subsequent Periadlc Rent Adjustment, if the Adjustment Index is greater than the Adjustment Index three years priar,then the Ad�usted Monti�ly Rent payable for the fo{lowing three �3j year period (until Che next Adjustment Date}shatl be . set by multiplying the then currenL Adjusted Monthly Rent by a fractian,the numerator of which is the Adjustment Index and the denominator of which is the Adjustment Index�Erom three years priai. The product shall be the "Ad}usted Montt�ly Rent" {n no I event shal� the Adjuste� Monthty Rent determEned pursuant to th�s pa�agraph 6e tess than any pcior Adjusted Monthty Rent. 4.c. Not9ce of Reauest for Readiustment of Rental: i.andiord and Tertant do hereby fu�#her agree that Landlord �ay adjust the Mi�imum fVlnnthJy Rent for ensuing three �3f year periad by a means other tt�an the Index. in such ev�nt, Landlord must, at ��st i��rty (�o) days prloc to any AdJustment Date, provide to the other party a written request for readjustment af the rental rate pursuant to RCW 14.Q8.12t}(Sy. 4,d. late P�yment Charge: !f any Rent is not received by Landlard from '€enant by the tenth (10�h} business day afte� such Rent is due, Tenant shali imrnedtately pay to �andiord a late charge equal to five percent {S�} of the amount of such Rent. Shauld Tenant pay said fa�e charge but fai! to pay eontemporaneously therew{th al! unpaid amaunts of Rent, 1.andlord's accept�nce of this (ate charge shall nat constitute a waiver of Tenant's defau�t wfth �espect to Tenant's nonpayment nor prevent landlord from exercising all ather rights and remedies availa6te to Landlord under this Lease or under law. If any check received by k.andEard fram TenanL Is returned unpaid fflr any reason, Landlord reserves the right tc� charge, and Tenant agrees to pay, an ad�itiona! charge up to the maximum amc►unt a!{owed by law. tandl�rd's accepta�ce of thi5 additienal charge shail nai constitute a waiver of Tenant's defaukt with respect ta Tenant's returned check nor prevent landlord frorn exercising atl other rights and rernedies available to CandEord under this �ease c�r under law. Uc�paid amounts of rent, late charges, ar add3tianai charges shail bea� interest at ihe rate of twelve {12�6) percent per annum untit paid. � 4.e, Othe� Fees and Charges: �'enant shail pay, in addit�or� to the Minimum Mc�nthly Rent and t�ther ct�arges �dentified In this Lease, afl nor�-discriminatary fees and charges n�w 'rn effeGt c�r hereafter levied or establisheci by landlord ar charged against the Premises and against a#her similarly situated Tenants at the Airp�rt by Landlord, or levied ar established by, l£ASE AC�RE�MEN7 4 City af Etenton to Ralnier Fiight 5ervice,LLC � AGENDA /TEM #7, m) LAG 15- or against the Prernises by any other governmenta) agency or authority, being or becoming levied or charged against the Premises, structures, business operations, or activities conducted by or use made by Tenant of, on, and f�om the Premises, including without limitatian, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. 5. IEASEHO�D EXCISE TAX: Tenant shall pay to Landlord the (easehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid at the same time the Minimum Monthly Rent is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate described hereln, the� Tenant shall pay such tax ar charge when due. Such tax or charge shall be in additian to the Minimum Monthly Rent and other taxes ar charges payable under this Lease. 6. PAYMENT QF UTILITfES AND RELATED SERVICES. Tenant shall pay#or al) utilities and senrices used in the Premises, including without limitation e[ectricity, gas, water, sewer, garbage removal, janitorial service, and any other utilities and services used in the Prernises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption, ar failure of any utility services due to any cause whatsoever, except, and only to the extent caused by, landlord's negiigence. Landlord shall not be liable for temporary interruption or failure of such servlces incidental to the making of repairs, alterations or im�rovements, or due to accident, strike, act of God, ar conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligatians hereunde�. 7. TENANT'S ACCEPTANCE OF PREMlSES: 7.a. Acceptance of Premises: By occupying the Premises, Tenant formally accepts the Premises in "AS IS" condition, and acknowledges that the Landlord has complied with all the requlrements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the Commencement Date. Tenant hereby accepts the Premises subJect to all applicable zoning, federal, state, county and municipai laws, ordinances and re�ulations governing and regulating the use of the Premises,and accepts this lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereta. Tenant acknowledges that, except as otherwise provided in this i.ease, neither landlord nor Landlord's agents have made any representatian or warranty as to the suitability of the Premises for the conduct af Tenant's business ar use. Except as otherwise provided herein, l.andlo�d warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from landlord, or others claiming by or through Landlord. 8. USE OF PREMISES: LEASE AGREEMENT 5 Gity of Renton to Rafnier Fllght Service,LEC I AGENDA ITEM #7, m) LAG 15- 8.a. Use af Premises: 'The Premises are leased to the Tenant for the following described purposes and uses necessary ta said purposes: 8.a.(1). Aircraft Maintenance including inspedion, major and minor repair, and major and minor alteration of airframes, engines, avionics, interiors and aircraft components; $.a.(2). Storage and tie-down of aircraft, both indoors and outdoors; 8.a.(3}. Commercial flight operations including flight training, alrcraft rental, slghtseeing, aerial photography and any operations canducted under 14 CFR Part 91 and 14 CFR Part 135; 8.a.(4). Sale of aviation fuels and lubricants; 8.a.(5). Sale of aircraft parts, components and pilot supplies; 8.a.�fi). Airc�aft servicing with fiuids and compressed gases; 8.a.{7). Aircraft grooming; and 8.a.(8y. Aircraft sales, leasing, and management. 8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used for 8.a.(1} and 8.a.(4), and some ar a{I of the remaining purposes set forth above during the Term, shall not be aliowed to stand vacant or idle, subject to reasonable, temporary tnterruptions far maintenance, construction, or other purposes, and shall not be used for any ather purpose without Landlord's prior written consent. Consent of Landlord to other types of avlation attivlties will not be unreasonabiy withheld. 8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly o�indirectly, to aviation. 8.d. Advertisin�: No advertising matter ar signs shalf be displayed on the Premises, at any tirne, without the prior written approval of Landlord, which approval will nat be unreasonably withheld. 8.e. Conformitv with Laws. Rules and Re�ulations: Tenant shall comply with applicable federaf, state, county and municipal laws, ordinances and regulations concerning Tenant's use of the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and ather �easonable rules and regulations now or hereafter adopted by Landlord, provided that all such Airport Regulatlons and Minimurn Standards and other �ules adopted hereafter are non-discriminatory,all at Tenant's cost and expense. LEASE AGREEMENT 6 City of Renton to Rainie�Flight 5ervice,LLG AGENDA /TEM #7, m) LAG 15- 8.f. Waste: Nuisance; IIIeRaI Activi#ies: Tenant shall noi permit any waste, damage, or injury to the Premises or improvemen#s thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the , Premises anything which wili be dangerous to life or limb, or which will increase any insurance '� rates upon the Premises ar other buildings and improvements at the Airport. 8.h, Hazardous Waste: 8.h.(if. Tenant's Renresentation and Warrantv: Tenant sha11 not dispose of or otherwise aUow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or a{terations pfaced on the Premises by 1'enant, ' Tenant represents and warrants to Landlord that Tenant's intended use of the Premises does not and will not involve the use, production, disposal or bringing on to the Premises of any hazardous substances, hazardous material, wast, pollutant, or contaminant, as those terms are de�ned in any federal, state, county, or city law or regulation (coflectively, "Nazardous Substances"� other than fuels, lubricants and ather products which are customary and necessary for use in Tenant's ordinary course of business, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with a1l {aws and with all orders, decrees or judgments of governmental authoritiss or courts having jurisdiction, relating to the use, cotlection, treatment, disposal, starage, control, removal or cleanup by Tenant of Hazardous Substances, in, on or under the Premises, or incorporated in any improvements o� atterations made by Tenant to the Premises, at Tenant's sole cost and expense. 8.h.(2�. Standard of Care: Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are improperly used, released or disposed in, on or under the Premises during the Term by Tenant, or its authorized representatives or assigns, or are improperly used, released or dispased on the Premises by the act of any third party. S.h.{3). Comnliance lVotification: 1n the event of nan-compliance by Tenant, after notice to 7enant and a reasonable opportunity for Tenar►k to effect such compliance, Landlard may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises, provided, hawever that E.andlord shall not be obligated ta give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises or the Airport, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connedion with such compiiance activities and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in,on or under the Premises. ' LE{�SE AGREEMENT 7 Clty of Renton to Ralnler Flight Service,LLC AGENDA ITEM #7, m) LAG iS- $.h.t4}. IndemnitY: 8.h.(4}(a}. l.andiord shall have no responslbility to the Tenar�t, or any t�ther#hird party, for �emedia! actian under R.C.W. Chapter 70.1O5D, or any other federai, sta�te, cout�ty or municipal laws, in the event of a release�f or disposition of any Nazardous 5ccbstances in,on or under the Premises du�ing the Term that were causeti by Tenant. �enant shalf defend, indemnify and hold harmfess �.andlord, its officials, employees, agents and cantractars (herelnafter "City tndemnitees"} f�om any claims, ab#igation, or expense (including, withaut limitation,tF�ird party claims for personal injury or real or personal property dama�e�, actions, administrative proceedings, judgments, penalties, fines, iiabiiity, loss, damage, obiigatic�n or expense, including, but nat limited ta, fees incurred by the Landlord ot City indemnitees far attarneys, consultants, engineers, damages, environmentai resaurce damages, and remediai action under R.C,W. Chapter 70.IQ5D or other remediation, arising by reason of the release or disposition af any Hazardous Substances in, on or under the Premises during the 7erm that are caused by 7enant. 8.h.�47�b), Tenant shali have no responsibiiity to the Landlord, or any other third party, far remedial action under R.C.W. Chapter 70.I.t}5D, or ather federai, State, county or municipal laws, nor shall Tenant have any other liabiltty or responsibility af any kind, in the event af the presence, release, or disposition of any Hazardous Substance on, in, or under the Premises unless such presence, release, ar disposition of any Hazardous Substance was caus�d by 7enant. Landlord shali defend, indemnify and hold harmless Tenant, and their, awners, directors, officers, agents, employees, and cantractors (collectively, "Indemnitees"� from any claims (inctuding without limitation third party claims for personal injury or �eal ar personal praperty damage}, actions, administrative proceedings, judgments, penaltles, fines, (iability, loss, damage, obligation or expense, including, but not limited ta, fees incurred by Tenant or any Indemnitee for attorneys, consultants, engineers, damages, environmental resource d�mages, and remedial action under R.C.W. Chapter 7U.105p or othe� remediation, arising from or in connection with the presence, suspected prese�ce, refease or suspected release of any Hazerdous 5ubstances in, an or under the Premises that is not caused, in whole ar in part, by Tenant ar the Indemnitees. 8.h.{4)(c}, TF�e provisians of this Subsection 8.h.(4} shaf) survive the exptratian or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties ar otherwise shall be canstrued to waive or ta modifiy any provisions of this Section unless the terrnination ar modification agreement or other documeni expressly sa states in writing. 8.h,�5}. Disoute Resaiution: !n the event af any dispute between the parties concerning whether any Hazardous Substances were brought anto the Premises by Tenant, ar whether any release af or disposition af any Hazardous Substance was caused by Tenant, the parties agree to submit the dispute for resolution by arbit�ation upon demand by either party. LEAS£AGREEMENT $ City af Rentan to Rainier Flight Service,lLC AGENDA ITEM #7. m) LAG 15- Lancilord and Tenant do hereby agree tF►at the arbltration process shall be fimited to not more than one hundred ffty(150}calendar days, using the following procedures: 8.h.(5).a. Land{ord shall select and appoint ane arbitrator and Tenant shall select and appoint one arbitrator, bath appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in Section 8.h.(5). Land(ord and Tenant sha11 each natify the ather of the identity of their arbitrator and the date of the postmark ar personal defivery of the letter shall be considered the date of appointment. 8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decisian in wri#ing within thirty (30) days after the date of their appointment. If the appointment date fa� either arbitrator is later than the ather, the latter date shail be the appolntment date for purposes of the thirty(30) day deadline. 8.h.(5).c. !f the two arbltratars are unable to agree within a period of thirty (30) days after such appointment, they shali, within a period of thirty (30) days after the first thirty {30) ', day period, select a third arbitra#or. If such thlyd arbitrator has not been selected or if such I third arbitrator has not accepted such appointment within such thirty (30) day period, either ii Permittor or Permittee may apply ta the head of the Seattle office of the American Arbitration j Assaciation to appoint said third arbitrator. ' 8.h.(5).d. The three arbitratars shall have thirty (30j days#rom the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of bath garties. The decision of the majority of such arbitratars shall be final and binding upon the parties hereto. 8.h.(5),e. The arbitrators shall be environmental consuitants with experience in #he identification and remediation of Hazardous Substances. �he arbltrators shalf make their decision in writing wi#hin sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shal! be final and binding upon the parties. Each party shall bear the cast of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 8.i. Alrcraft Resistration Comnliance: The Tenant is hereby notified of the Washington State law concerning aircraft �egistratian and the requirement that the Tenant comply therewith. See Exhibit B {"Aircraft Laws and Regulation5, RCW 47.68.250 Public Highways and „ Trans ortation . P 1 S.i. 1 . Tena nt shali annuall � ) durin the month of lanuar submit r ort Y, � y, a ep of ai�craft status to the Airport Manager. One copy of this repart shall be used for each aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft. lf an aircraft is unregistered, an unregistered aircraft report shall also be completed and submitted t�the Airport Manager. LEASE AGREEMEN7 g Cfty of Renton to Ralnler Flight Servlce,lLC ACENDA /TEM #7, m) LAG 15- 8.i.(2}. Tenant shail require from an aircraft owner proof of aircraft registration or provf of intent to register an airc�aft as a condition of sub-leasing tie-down or hangar space for an aircraft. Tenant shall further require that annually,thereafter, each aircraft owner using the Tenant's Premises submit a report of airc�ak status, or, if an aircraft is unregistered, an unregiste�ed aircraft repart. Tenant shall annually, during the month of January, collect the aircraft owners' reports and submit them to the Airport Manager. 9. MAINTENANCE: 4.a. Maintenance of Premises: The Premises and ail of the impravements or structures thereon and authorized by the Landlord for use by the Tenant, shall be used and maintained by Tenant In an operable, neat, orderly, and sanEtary manner. Tenant Is responsible for the clean- up and proper disposaf at reasonabie and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises, whether as a result of the Tenant's activities or havi�g been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including, the interior walls, floors, and any interior portions of ali doors, windows, and g{ass, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment.. 7enant shall make all repairs, replacements and renewals, whether ardinary or extraordinary, anticipated or unforeseen, that are netessary to maintain the Premises in the condition required by this Section. Landlord wii{ be responsible for plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, utility facilities, exterior utility facilities, and exterior eledrical equipment serving the Premises. Additionally, Landlord will commit to painting the exterior portion of the building in fiscal year 2015, and replacement of the asphalt pavement that has settled between the 790 and 800 buildings, and settled pavement in the parking tot shared by the 790 and 8Q� buildings, and to repairing the roof leaks and installation of a new building heating system. 9.b. Removal of Snow�Floodwater,/Mud: 7enant shafl be responsible for removal from the Premises, all snow and/or floocEwaters or mud deposited, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activlties of Landlord upan the public areas of the Atrport. 9.c. Maintenance, Repair and MarkinQ of Pavement: 7enant shall be responsible for, and shalf perform, the maintenance, repair and marking (painting} of pavement surrounding the buildings within and on the Premises. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavemer�ts, as necessary. To the degree the concrete and asphalt pavements are b�ought to FAA standards at any time during the Term of this lease, Tenant shall maintaln the concrete and asphalt pavements in such condition. LEASE AGREEMENT ld City of Renton to Rainier Flight Service,LLC AGENDA ITEM #7, m) LAG 15- 9.d. Ri�ht of Insaection: Tenant wi{I aliow Landlord or landlord's agent, free access at all reasonable times to the Premises for the purpase af inspection, or for making repairs, additions or aiterations to the Premises, or any property owned by or under the control of Landlord. Landlord sha11 provide ten (10) days' advance notice of any such inspection and use reasonable efforts nat to interfere with Tenant's use of the PremiSes during any such inspection. 9.e. Landlord Mav Perform Maintenance: If Tenant fails to perfa�m Tenant's obligations under this section, Land{ord may at its option (but shall not be required to) enter the Ptemises, after thirty �30) days' prior written notice to Tenant, except in the event of an emergency when no notice shall be required, and put the same in good order, condition and repair, anct the cost thereof together with interest thereon at the rate of twelve (12°6) percent per annum shalt become due and payable as additiona! rental to l.andlord together with Tenant's next installment of Rent. 10. AITERATI01V5: 10.a. Protection from liens: Before commencing any work �elating to alterations, additions and improvements affecting the Premises ("Work"), 7enant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of al! mechanics' materialmen's liens or any other liens resutting from any Work. Tenant shali have the right to contest the correctness or validity of any such lien if, Immediately on dema�d by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. 7enant shall p�omptly pay or cause to be paid alI sums awarded to the claimant on its suit, and, in any event, before any executian is issued with respect to any judgment obtained by the claimant in it suit ar before such judgmen# becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing ta provide security for or satisfaction of any mechanic's or other liens, then Landlord may, ak its option, in addition to any other r3ghts or remedies it may have, discharge said Ilen by (i} payl�g the clatmant an amount sufficlent to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as tandlord shall deem necessary or advisable, and, in any such event, Tenant shail pay as Additional Rent, on Landlord's demand, all reasonabie costs (including reasonable attorney fees) incurred by l.andlord in settling and discharging such lien together with interest thereon at the rate of twelve (12°rby percent per year from the date of Landlvrd's payment of said casts. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 10.6. Bond: At any time Tenant either desires to or is required to make any repairs, aiterations, additions, improvements or utility installation therean, or otherwise, Landlord may at its sole option require Tenant, at Tenant's sole cast and expense, to obtain and provide to landiord a tien and completion bond In an amount equal to one and one-half{1-1/2)times the LEASE AGREEMENT 11 City ef Renton to Rainier PUght Servlce,LLC I AGEIVDA ITEM #7, m) LAC 15- estimateci cast of such impravements, to insure landlord against Iiability for mechanics and materiaimen's tiens and to insure completian of the worlc. 10.c� Landiard Mav Make im�rovements: Tenant agrees that Landlord may, at its option and at its expense, rriake repairs, aiterations or impravements which Landlord may deem necessary or advisable for the preservation, safety or impravement of utilities or Airport infrastructure on the Premises, if any. �andlord shail provide ten �lOj days' advance notice af any such wark and use reasonabie efforts to not interfere with Tenant's use of the Premises during any such work. 11. tMPROVEMENTS: As further cvnsideratian for this Lease, it is agreed #hat upon the expiration ar sooner termination af the Term, al) structures and any and ali improvements of any charader whatsoever installed on the P�emises (except f�r any fuel tanks and related structures owned by Tenanty shafi be and become the property of the landlord, and title thereto shall autamaticaily pass to landlord at such time, and none of such impravements now or hereafter placed on the Premises shall be removed therefrom at any time without Lar�dlard's prior written consent. During the Term, Tenant shall hold title ta all improvements placed by Tenant nn the Premtses. Tenant covenants and agrees that Tenant wi11 pay and satisfy in ful( all autstanding fiens,or other de6ts, affecting or encumbering such improvements before transfer of ownership of such improvements to Landlo�d upon the exp�ration or sooner terminatian of the Term. A{ternatively, Landlard may, at its optir�n, require Tenant, upan the expiratio� or sooner termination of the Term, if any, to remove any and a!I improvements and structures installed by Tenant fram Che Prem�ses and repair any damage caused thereby, at Tenant's expense. x2. EXEMPTI�N OF LANDIORD FRQM LIABILITY,. L�ndlord or Landlard's agents shall not be liable for injury ta persons ar ta Tenant's bustness or loss of income therefrom or for damage which may be sustained by the person, �oads, wares, merchandise or praperty of Tena�nt, its autharized representatives,or any other person in ar about the Premises,caused by or resulting from (a}fire, etectrfcity, gas, water or rain which may leak ar flow from or into any part of the Premises, {ba any defect in or the maintenance ar use of the Premises, or any improvements, fixtures and appu�tenances therean, (cj the Prernises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d� the breakage, leakage, obstruction or ather defects flf the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating ar air conditioning or lighting fixtures of the Premises, (e} floading of the Cedar t�iver or other body of water, o�fr�m ar►y other source whatsoever,whether within or without the Premises; or (f} any act or omissian of any other tenant ar occupant af the building in which the Premises are (ocated, or their agents, servants, employees, or invitees, provided, that the foregoing exemptioc� shal! not apply tc�losses to the extent eaused by landlc�rd's or its agents',contractc�rs',or emplayees' negligence or willfu! miscond+�ct. 13. INQEMNI'TY AND NOID HARMLESS: Tenant shall cEefend, indemnify and hold harmless �andlord agair�st any and a!! claims arlsing from (a) the conduct and management of �EASE AGREEMENT 12 Cfty of Renton to Rat�ler Flfght Servlce,lLC AGENDA /TEM #7. m) lAG 15- or from any work or thing whatsaever done in or about the Premises or the improvements or equipment thereon during the Term, or (b) arisfng from any act or negligence or willful misconduct of the Tenant or any of its agents, contractors, patrons, customers, employees, or invitees, or (c) arising from any accident, injury, or damage whatsoever, however caused, to ', any person o� persons, or to the property of any person, persons, corporatlon or other entity occurring during the Term in, on, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or fram any such claims or any action or proceeding brought against the Landford by reason of any such claim, except to the extent , caused by the sole negligence of l.andlord, its agents, contractors, employees, or its authorized ' representatives. Notwithstanding the foregoing, 7enant's indemnity shall not apply to claims II arising from aviatian activities of its patrons, customers, subtenants, or invitees. Tenant, on , natice from l.andlord, shall resist or defend such action or proceeding forthwith wlth counsel ' reasonably satisfactory to, and approved by, Landlord. Landford shall indemnify, defend, and hold Tenant harmless from and against any and al! claims, losses, damages, costs, attorney's fees, expenses, and liabilities arising from the negligence or willful misconduct of Landlord or any of its agents, contractors, employees, or authorized representatives. On notice from ' Tenant, Landlord, at Landlord's expense, shal! defend any such actian or proceeding forthwith. ' The indemnity in this Section shall not apply to Hazardous Substances, which is addressed elsewhere in this lease. 24. ASSIGNMENT&SUBLETTING: 7.4.a. AssiQnment/Sublettin�: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all af the Premises, without �andlord's priar wrltten consent, which consent shal! not be unreasonably withheld, ' conditioned, or delayed. Any assignment, encumbrance or sublease, whether by operation of , !aw or otherwise, without landlord's consent shall be void and shall constitute a default by Tenant under this Lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this Sectian and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment ar sub-lease will be approved, the proposed assignee or sub-tenant must comply with pravisions of the then current Alrport Leasing Policies, including, but not limited to the "Analysis of Tenant's Financial Capacity," independent of Tenant's compliante or Financial Capacity. Consent shall nat be unreasonably withheld, conditioned, or delayed. In the case of an assignment of the full leasehold interest and/or complete sale of the stock or � oth er interests fin the entity constituting Tenant and cancomitant transfer of ownership of said entlty, (a) in the case of an assi nment, the ro ased assi nee sha11 deliver to Landlord a � p P � written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perf'orm all of Tenant's obligations under tfiis Lease accrui�g after#he date of such assignment, to the same extent as if it were the original Tenant, and (b) in the case of a stock transfer, Tfansferee shall deliver a written acknowledgment that it shall continue ta be bound by all the provisions of this Lease aker the LEASE AGREEMENT 13 �ity of Renton to Ralnler Flfght Servlce, LLC AGENDA ITEM #7, m) �a,c�s- transfer. Except in the case of an assignment of the ful! leasehold interest, any assignment permitted herein will not relieve Tenant of its duty to perform al{the obligations set out in this lease or addenda hereta. In no event will the assignment af the fufl leasehold interest or the complete sale af the stack or other interests in the entity constituting Tenant and concamitant transfer of ownership of said entity cause an extension of the Term of this Lease. 14.b. Canditions to Assi�nment or Sublease: Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this Lease by refer�nce, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assi�ned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlard's rights under this Section, be unreasanabiy withheld, conditioned, or delayedj, (iii) acknowfedge that the ass9gnee or subtenant will not vioiate the provisions of this Lease, and (iv} in the case of any assignment, acknowledge that Landlord may enfarte the provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not in violatian of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of rent by the Landlard shall not be a waiver of any of E.andlord's remedies against Tenant for violation of provisions of this Lease. A subtenant may cure Tenant's default. In either event, Landlord shall apply the amount collected from the assignee ar subtenant#o Tenant's obligation to pay Rent under this Lease. 14.c. No Ftelease of Tenant's Liabilitv: Neither an assignment or subfetting nor the collection of Rent by Landlord from any person other than Tenant, nor the application af any such Rent as provided fn this Section shal( be deemed a waiver of any of the provisions of this Section ar refease Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, includtng the obligation to pay Rent under this Lease, unless Landlord athenfvise ag�ees in writing. Notwithstanding the foregoing, In the event that Landlord's consent to assignment is obtained for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this l.ease accruing after such assignment, Tenant shall be relieved of all fiability arising from this Lease and arising out of any act, occurrence or om9ssion occurring after Landlord's consent is obtalned. To the exient that any claim for whlch indemnification of the Landlord (including with respect to Haza�dous Substances} arises after Tenant's complete assignment for conduct predating said assignment, the Tenant sha11 not be relieved of obligations ar liabifity arising from this Lease. 14.d. Documentation; No permitted subletting by Tenant shal{ be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease; provided that no Operating Permit shap be required for the subletting of hangar or tie-down space far aircraft starage purpases. No permitted assignment shall be effective unless and until there has been delivered to landlord a counterpart af the LEASE AGREEMENT 14 City of Renton to Rainier Flight Service, LLC AGENDA ITEM #7, m) LA�15- assignment in which the assignee assumes all of Tenant's obligatians under this Lease arising on or after the date of the assignment. 14.e. No Meraer: Withaut limiting any of the provisions of this Section, if Tena�t has entered into any subEeases of any portion af the Premises,the voluntary ar other surrender of this l.ease by Tenant, or a mutual cancellation by Landlord and Tenant, shail not work a merger and shall terminate all ar any existing subleases or subtenancies. 15. DEFAU�.T AND REMEDIES: 15.a. Default: The occurrence of any of the following sha11 canstitute a default by Tenant under this Lease: 15.a.(1). Fallure to Pav Rent: Failure to pay Rent when due, if the failure cantinues for a period of three (3) business days after notice of such default has been given by landlord to 7enant. 15.a.(2). Faiiure to Complv with AirQart Re�ulations and Minimum Standards: Failure to camply with the Airpart Regulations and Minimum Standards, if the failure cantinues for a period of twenty-faur (24) hours after notice of such default is given by Landlord ta Tenant. If the failure to comply cannot reasonab{y be cured within twenty-four {24) hours, then Tenant shall not be ln default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24j hours and diligently and in gaod faith continues to cure the faifure to comply. However, said inability to cure within twenty-four(24) hours, diligence and gaod faith notwithstanding, cannot be based on financial incapacity. 15.a.(3). Failure to Perform or Cure: Failure to perfarm any other provision of this Lease, if the failure to perform is not cured within thirty (30j days after natice of such default has been given by Landlord to Tenant. lf the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default withln thirty (30) days of the Landlord's notice and diligently and in gaod faith continues to cure the default. 15.a.{4). Aqpointment of Trustee ar Receiver: The appointment of a trustee or receiver to talce possession of suhstantially all of the Tenant's assets (ocated at the Premises or of Tenant's interest in this Lease, where possession is nat restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure af substantiafly all of Tenant's assets located at the Premises or of Tenant's in�erest in this lease, where such seizure is not discharged within sixty (50)days. 15.a.(5). Failure to Como(v With Laws: It shal! be a default of this Lease if the Tenant fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federaf, state, and/or city governments, or any terms of this Lease. LEASE AGREEMENT IS Cfty of Renton to Rainier Flight Service,LLC AGENDA ►TEM #7, m) LAG 15- 15.b. Additional Securitv: If Tenant is in default under this Lease, and such default remains uncured for more than three {3} business days after Landlord gives Tenant notice of suc� default, then Landlord, at Landlord's option, may in additian to other remedies, require Tenant to provide adequate assurance of future performance of a11 of Tenant`s obligations under this Lease in the form af a deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of credit or other security acceptabfe to, and approved by, Landlord. if Tenant fails to provide such adequate assurance within twenty (20j days of receipt of a request by Landlord for such adequate assurance, such failure shall constitute a material breach of this lease and landlord may, at its option,terminate this Lease. 15.c. Remedies: ff Tenant commits a default, then following the expiration of the notice and cure periods set fa�th in Section 15.a. above, landlord shal! �ave the following alternative remedies, which are in addition to any remedies naw or later allowed by law, and Landlord shal! use reasonable effarts to mitigate its damages: 15.c.(1j. Maintain Lease in Force: 7a maintain this Lease in full force and effect and recover the Rent and ather manetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the P�emises. If Landlord elects to not terminate the Cease, Landlord shal! have the right ta attempt to re-let the Premises a#such rent and upon such conditions and for such a term, and to perform all acts necessary to maintain or preserve the Premises as Eandlord deems reasonable and necessary, without being deemed to have eiected to terminate the Lease, Including removal af all persons and property from the Premises; such property may be remaved and stored in a public warehouse or e[sewhere at the cost of and on the account of Tenant. In the event any such �e-letting occu�s, this lease shall terminate automaticaily upon the new Tenant taking possession of the Premises. Notw3thstanding that Landlord fai{s to elect to terminate the Lease inEt9alfy, Landlard at any time during the Term may elect to terminate this �ease by virtue of such previous defauit of Tenant so long as Tenant remains ln default unde�this Lease. i5.c.{2). Terminate Lease: To terminate Tenant's right to possessfon by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereta, the fallowing: (if any and all unpaid Rent which had been earned at the time of such termination, plus (ii) any and all Rent which would have been earned after terminatlan until the time of occupancy of the Premises by a new tenant following the re- letting of the Premises, plus {iii) any other amount necessary to compensate Landlord for all the detr3ment proximately caused by Tenant's failure to perforrn its obligations under this Lease�r which in the ardinary course af business would be likely ta result therefrom, including without limitation, in (A) �etaking possession af the Premises, including reasonable attorney fees therefor, (B} malntaining or preserving the Premises after such default, (C) preparing the Premises for re-letting to a new tenant, including repairs or necessary alterations ta the LEASE AC�REEMENT 16 City of Renton to Ralnier Flfght Servlce,LLC AGENDA ITEM #7, m) !AG 1S- Premises fo�such re-letting, (D) leasing commissions incident to re-letting to a new tenant, and (E) any other costs necessary or appropriate to re-let the Premises; plus (iv) at Landlord's efection, such other amounts in additlon ta or in lieu of the foregofng as may be permitted from time to time by applicable state law. The amounts referenced fn this Section i�clude interest at 12� per annum. 16. BINDING AGREEMENT: Subject to the restriction upon assignrrtent or subletting as set forth herein, all of the terms, canditians, and provisians of this Lease shali be binding upon the parties, thei� successors and assigns, and in the case of a Tenant who is a natural person, his or her personal representative and heirs. 17. CONDEMNATION: If the whole or any substantial part o# the Premises shall be condemned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that pa�t shall be required far any purpose, and the rent shall be paid up to that date. From that day the Tenant shall have the right to either cancel this lease and declare the same nu{I and void, or to continue in the possession of the remainder of the same under the terms he�ein provided, except that the rent shal) be reduced in proportion to the amount of the Premises taken far such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Landiord, whether such damage shall be awarded as tompensation for the diminutian in value to the leasehold, or to the fee of the Premises herein leased. Damages ewarded for the taking of Tenant's improvements Iocated on the Premises shall belong to and be awarded to Tenant. 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereta on the Premises, except movable office furniture ar trade flxtures put in at the expense of Tenant, shall be and rerr�ain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereaf at the termination of this Lease without hindrance, molestation, or injury. Tenant may remove #rom the Premises movable offtce furniture or trade flxtures put in at the expense of Tenant. 7enant shall, at its sole expense, properly and promptly repafr to Landlard's reasonable satisfaction any damage to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office fumiture or trade fixtures and equipment, which repair shall include the patching and filling of holes and repair of structura! damage. 19. INSt1RANCE: 19.a. Personal Propertv: Tenant, at its expense, shall maintain in force during the Term a policy of special form — causes of loss or all risk property insurance on all af Tenant's alterations, improvements, trade fixtures, furniture and other persanal property in, on or about the Premises, in an amount equal to at least their full replacement cost. Any proceeds LEASE AGREEMENT 1� City of Renton to Ralnler Fllght Servlce, LlC AGEIVDA ITEM #7. m) tAG 15- of any such policy avaiiable to Tenant shall be used by Tenant for the restc�ration t�f Tenant's alterations, improvements and trade fixtures and the �eplacement of Tenant's furniture and other persana! property. Any portion of such proceeds not used fQr such restoration shall � belong ta Tenant. 19.b. Liabilitv Insurance. Tenant, at its expense, shaN maintain i�force during the Term the folfawing types of insurance (or equivalents): a poltcy of commercial generai liabiltty insurance �including premises liability�, with the faltowing (imits: $1,OOO,Q00 per occurrence, $2,000,004 annuai aggregate. Landlard sha!! be named as an additional insured on 7enant's liability fnsurarrce salely with respett to the operattons af the named insured (i.e.,Tenantj and that cove�age being primary and nan-contributory with any other policy(ies} carried by, or available to, the Landlard. TF�e Tenant shall provide the Landlord with written t�otice of any pollcy tancellatian,within two business days af their receipt of such rtotice. 19,c. knsurance Policies; Insurance required hereunder shall be written by a company or companles acceptable to LandJard. Landlord reserves the right to establish and, firom tlme- to-time, ta increase minimum tnsurance covetage amounts. lnsurance required here�n shall provide cov�rage on an ocwrrence basis, not a claims-made basts, Notice of i�creased minimum insurance coverage amounts shall be sent to the Tenant at teast ninety {94} days prior to the annual renewat date of the Te�tant"s ir�surance. Frior ta possession the Tenant sha�!deliver to Landlo�d documents, in a fc�rm acceptable to l.andin�d, evidenci�g the existence and amounts of such insurance. Tenant sha11, prior ta the explration of su�h policies, furnish landlord wSth evidence of renewai of such insuEance, in a form acceptabie tc� 1.andEard. Tenant shalE not do or permit tc� be done anything wF�ich shaii invalidate the ins�rance policies referred to above. Tenant shall forthwith, upon E.andl�rd's demand, reimburse landiord for any additional premiurns for insurance carried by landlord attributable to any act or omissic�n or ope�atior� of Tenant caustng such increase in the cost of insurance. Ef Tenant shall fail to procure a�d maintaln such insurance,then Landlotd may, but shaii not be required to, procure and maintain the same, and Tenant shalt promptEy reimburse i.andiord for the premiurns and other costs paid ar i�curred by Landlard tr� procure and maintain such tnsurance. Failure on the part of the Ten�nt to maintain the tnsurance as required 5hali constltute � maiertal brtach af tt�e lease, upc+n which the landiord may, after giving five busln�ss clays nat�ce to the Tenant to correct the breach, terminate the tease or, at �t� discretion, procure or renew such insurance and pay any and a�i premiums In connectian therewith, with any sums so expended ta be repaid to the 1.andlord on demand. 19.d. Watver gf 5ubraaation: Tenant and �andlord each waives any and a{t rights af recovery against the ather, c�r against the c�fficers, emplayees, agents and representat'sves o# t�e other, for toss af or damage to such waiving party or its property or tt�e property of others under iis cantroi, where wch loss or damage is insured against under any insurance poiicy in fofce at the time of such lass or damage. ?enant shall,upon abtaining the policies of insurance tEASE AGREEMENT Ig City of Fienton to Rainier Fllght S�rvice,LlC r � AGENDA ITEM #7, m) LAG 15- required hereunder, give notice to the insurance carriers that the faregoing mutuai waiver of subrogation is contained in this Lease. z0. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired �nder this Lease and upon any alterations or � improvement made by Tenant to the Premises. zi. NO WAIVER: {t is further covenanted and agreed between the parties hereto that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulatifln, or condition of this Lease shalf be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreernent, stipulation, or condition. The acceptance by the Landlo�d of rent after any breach by the 7enant af any covenant or condition by Tenant to be performed or observed shall be construed to be payment for the use and accupation of the Premises and shall not waive any seach breach or any right of forfeiture arising therefrom. 22. NOTICES: All notices ar requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express o� DHL, or sent by certified mail, return receipt requested, postage prepaid, and sha11 be deemed delivered on receipt or refusal. All notices or requests to landlord shall be sent to Landlord at Landlord's address set forth below and all notices or requests to Tenant shalf be sent ta Tenant at Tenant's address set forth below: landford's Address: Airport Administration Office Attn: Airport Manager 616 West Perimeter Road, Unit A Renton, Washington 98057 TenanYs Address: Rainier Flight Service, LLC 800 West Perimeter Road Renton,WA 98057 Either party may change the address to which natices shall be sent by written notice to the other party. 23. D15CRIMINA7{ON PROHIBiTED: 23.a. Discrimination Proh9bited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex o� national origin, or any othe�class af person protected by federal or state 1aw or the Renton City Code, in the use of any of its facilities provided for the public in the Airpart. Tenant further agrees to furntsh services on a fair, equaE and not unjustEy discriminatory basis to all users the�eof, and to charge LEASE AGREEMENT 19 , City of Renton to Rainier Flight Service, LLC � ...��, AGEIVDA ITEM #7. r») ��- on a fair, reasonable and not unjustly discrlminatory hasis for each unit of service; provided that 7enant may make reasonable and non-d€scrirninatc�ry discounts, rebates, ar otE�er simalar types of price reductlons fio volume purchasers. 23.b. Minoritv Business Enterprise Policv: lt is the palicy of the Departrnent of Transportation that minarity business enterprises as defined in 49 C.F.R. Part 23 shall have the maxirnum opportunity to participate in the perfarmance of leases as defined in 49 C.F.R. 23.5. Consequent(y, this Lease is s�bject to 49 C.F.R. Part 23, as applicable. Na persan shali be excluded From part�eipat�on in, der�ied the benefits of or atherwise discriminated against in connection wlth the award and perfarmance af any contract, inciuding leases cc�vered by 49 C.F.R. Part 23,ar�the graur�ds of race,cc�l�r, natio�a!origin c�r sex. 23.c. ApQlication ta Subfeases: Subject to the provisions of SectEon 14 of this l.ease, Tenant agrees that it will inciude the above clause in all assignmer�ts af this lease or sub- leases, and cause it� assignee(s} and sublessee(s) to sim€lariy indude the ahove clause in further asstgnments or subleases of th�s lease. 24. FURCE MAJEUR�: In the event that either party hereto sha11 be de�ayed or hindefed tn or pfevented frgrn the performance of any act required hereunder by reaso� af strikes, lockouts, labor troubles, in�bility to grocure materia{s, failure of power, restrictive gaver�mer�ta) lauvs or cegulations, rints, insurrections, v�rar, or athe� reason of like nature not the fault of the party delayed in performing wock or doing acts required und�r the terms af this lease,then performance af such act shali be extended far a peric�d eguivalent to the period of such delay. The provlsions of this Sectiort shaii not, hc�wever, operate to excuse Tenant from the protrtpt payment of reni, or any ather payment fequired by the terms of t�i� t,ease, to be made by Tenant. 25. TRANSfER QF PREMlSES BY 1ANDlQRD: In the event of any sale, conveyance, transfer or assignment by Landlord af its interest in the Premises, LandEord shai! be relieved af all liab�lity arising frqm this �ea�e and ac9sing aut of any act, occurrence ar omission o�curr�ng after the consummation of such sale, conveyance, trat�sfer or assignment, pravided that the landlord's transferee shall have assumed and ag�eed te carry oui all of the obi�g�tlons of the Landlord under this Lease. 26, ATTORNEYS' FEES AND COS7S: COLLECTlpN COSTS: !f either p�rty brings any action for relief against the other pa�ty, decla�atory or otherwise, arlsing out of tt�is I.ease, including any actlon by Landlord for the recovery of Rent +ar possession of the Prerrtises, the prevaili�g party shall be entitled to reasonable attorneys' fees anci casts o# (itigation as estabtished by the court. If the matter is not litigated or resolved through a lawsuit, then any attorneys' �8#.'S �Of COII2Ck10Ci Of�85L•due rent or enfarcement of any right of i.and{ard ar duty of Tenant hereundeE shall erttitle landlord Eo recover, in addition to any late payment �harge, any casts of eakiection or enfarcement, inciuding reasonabie attorney's #ees. For the purpose LEASE AGREEM£NT 20 City af Renton to Rainier Flight Service,lLC AGENDA ITEM #7, m) LAG 15- of this Section26, attorney's fees shall include a reasonable rate for attorney's employed by the City. 27. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager reasonable access and response in times of emergency or urgency. The Tenant is wholly ' responsible to keep an up-to-date listing of aircraft types, identification,and owners on �le and at the Airport Manager's office. 28, DEFINITIONS: As used in this lease, the foilowing words and phrases, whether or not capitaiized, shall have the following meanings: "Additional Rent" rneans any charges or monetary sums to be paid by Tenant to Eandiord under the provisians of this Lease other than Minimum Monthly Rent. "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. "Environmental Laws and Requirements" means any and all federal, state, local law5, statutes, ordinances, rules, regulations and/or common law refating to environmental protection, contamination, the refease, generation, production, transport, treatment, processing, use, disposa{, or storage of Hazardous Substances, worker health or safety or industrial hygiene, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirernents�obligations, direc#ives, notices, apprvvals, (icenses, ar permits. "Expiration" means the coming to a� end of the time specified in the Lease as its duration,including any extension of the Term. "Hazardaus Substances" means any and all material, waste, chemical, compound, substance, mixture or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under any Environmental Laws and Requirements as a "hazardous constituent," "hazardous substance," "hazardous material," "extremely hazardous materlal," r'hazarcious W85tE," "acutely hazardous Wa5Le,'� `�hazardous waste constituent," "Enfectidus waste," "medica! waste," "biohazardous waste," "extremely hazardous waste," "pollutant," "toxic pollutant" o� "contaminant." The term "Haza�dous Substances" includes, wlthout limitation, any materiat or substance which is (i) hexavalent chromium; �iij pentachlorophenol; (iii) volatile arganic compounds; (ivj petroleum; {vj asbestos; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 e# seq. (33 U.S.C. § 1321); (viij defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (viii) defined as a "hazardvus substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Ad of 1980, as amended, 42 U.S.C. § LEASE AGR£EMENT 21 I Cfty of Renton to Ralnier Flight Servlce, LLC ' I i AGEN'DA ITEM #7: r») �a�i5- I 9601 et seq. (42 U.S.C. § 9601y; o� (ix) designated as a "hazardaus substance" pursuant to the I Washington Modei Toxics Contro)Act, RCW 70,10�D.U10 et seq. I "parties" means Candlord and Tenant. "Person" means ane or more human beings, or legal entities ar ather arti�cial persons, including without lirnitation, partnerships, corporatians, trusts, estates, associatians and any II cornbinatian af human beings and iegai entities. "Rent" rneans Minimum Monthly Rent, as adjusted from time ta time under tfiis Lease, and Add�tiona4 Rent. 29. GENE�tAI.PFtaVISlONS: 29.a. Entire A�reement:Thls Lease sets forth the entire a�reement of the parties as to the subject matter hereof and supersedes al! p�ior discussions and understandings between them. This tease may not 6e amended c�r rescinded in any manner excepE by an instrument in writing signed by a duly autho�Ezed officer ar re�resentative of each party hereto. �9.1�. Gavernin� Law; This l.ease shall be governed by, and construed and er�#orced in acca�dance with,the iaws c�f the State of Washington. 29.c. Severabilitv: Should any of the provlsic�ns of this f.ease be faund to be ir�vafid, illegaf ar unenforceable by any court of cornpetent jurisd�ction, such provision shal! be stricken and the rema�nder of this L��se sha{4 c�onethefess remain in full force and effect unless siriking such pravisian shall materially aEter the intentian af the p�rties. 29.d. Jurisdlction and Venue: In the event any action is brought to enfc�rce any of the provisions of this Lease,the partles agree to be stsbject#a exc{uslve in personam}urisdict'ton in erior Court di the State of Washin an in and for the County of King or in the United the Sup Bx States District Court#or the Western District of Washingtor�, 29.e. Waiver: No waiver of any right unde� this l.ease shall be effective unless I contained in a writing signed by a dufy authorized nfficer or representative of the party sought I to be charged with the waiver and no waiver of any right arising from any breach ar faiiure to I perform shall be deemed ta be a waiver af any future right or of any other right arising under I this Lea�se, 29.f. CaptiQns: 5ection captions contained in this Lease are included for convenience I only and farm no part of the agreement between Ehe parties. 29.g. Assi�nee as Tenant: The term "Tenant" shall be deemed to include the assignee I where there is a fiull assignment of the Lease. I lEASE AC�REEMENT 2� City af Rentan ta Rainier Fiight Servlce, ti,C AGENDA ITEM #7, m) LAG 15- z9.h. Effectiveness: This Lease shall not be binding or effective until properly executed and delivered by landlord and Tenant. Z9.i. Gender and Number: As used in this lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the mascuiine and feminine, the singular shall include the plural and the plura{ shall include the stngular, as the context may require. 29.j. Time of the Essence: Time is of the essence in the performance of aft covenants and conditions in this Lease for which time is a factor. 29.k. Jaint and Severaf Liabilitv: tf Tenant is composed of more than one person or entity, then the obligations of all such persons and entities under this Lease shall be jaint and several. 29.f. No Recordatian Without Consent of Landlord: Tenant shall not record this Lease or any memorandum of this tease without Landlord's prior written consent. 29.m. Cumulative Remedies: No remedy or election hereunder shall be deemed exciusive, but shall, wherever possible, be cumufative with all other remedies at law or in equity. z9.n. CorAorate Authoritv: If Tenant is a carporation or limited liability company, each individual executing this tease on beha{f of said corporation or limited liability �ompany represents and warrants that he is duly autho�ized to execute and deliver this Lease an behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corparation or limited liability company and that this Lease is binding upon said corpdration ar fimited liability company in accordance with its terms. LEASE AGREEMENT 23 I Clty of Renton to Rafnter Ffig�t Servlce,LLC I AGENDA ITEM #7. m1 ��is- TE�IANT: CANDLC}RD: RAINIER FLIGHT SER1fkCE TME CITY OF REN1'4N a Washington Limited Liability a Washingtan municipa} corporation corporatton .�.��-- �-G�� :�rti�G>^� .��+/�r� DEll3S E.�W 1�S: -r'�7��' ��y{}f Date:�x�� 1'Z, "7.�tS Date: AT7�ST: By �ason Seth,Caty�lerk Uate: Apprnved as to legat form; City Attorney LEASE AGREEMEN7 24 City of Rentan to Rainier Flight Service,LLC r AGENDA ITEM #7. m) u��is- STATE OF WASHfNGTON ) L :ss. CO U NTY O F h� tn h. } � I certifjr that I know or have satisfactory evidence that �c1��t C�o t t I�-�UC�r c� is the person who appeared before me, and �cknowledged that s/he signed this instrument, on oath stated that ��was authorized to execute the instrument and acknowledged it as the �cnr-�-no.r of�r�+�,.�t�1;c.�,.-� �Cr��.'t�LIC,a C. �C- , ta be the free and voluntary act af such t.. L C.- for the uses and purposes mentioned in the instrument. � � Dated tht5�a day af �t�c.��'� ,2d15. (.° � a�' u ��.C�., � �\ (�c:-�--` �� .,,.�,.,.......�.��,.,�...,�, �..r- (Signature of Notary� r � � REBECCA J.JACOB �� `; NOTARY PUBLIC ` �e�n�. c c� ._� .�� . STATE OF�WASHINGTON '._ [Print Name of Notary] COMMfSStQN EXPIRES � .fUNE 19�2016 � Notary Public in and for the State of, '\MY�r+M�.YiM�Iww��IryYY�. Washington, residing at �► ►n��lc.�.��c��--� M commisslon expires: v-\�i' t(� . Y STATE OF WASHING70N ) . ss. COUNTY OF � i certify that i know ar have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary att of suth far the uses and purposes mentioned in the inst�ument. Dated this day of ,201�. [Signature of NotaryJ (Print Name of Notaryl Notary Public in and for the State of Washington, residing at . My commission expires: . LEASE AGREEMENT 25 Ciry of Renton to Ralnler Fllght Servlce,ELC , � A�ENDA ITEM #7, m) LAG 15- STATE OF WASNINGTON } . 55. coutinr oF a I certify that I know ar have satisfactory evidence that Is the person wha appeared befare rne, and s/he acknow(edged that s/he slgned this instrument, �n oath stated that s/he was authorized to execute the instrument and acknawledged it as the of , a ,to be the free artd voluntary act of such for the uses and purposes mentioned in the instrument. tiated#his day af ,201_,,,,. jSignature af Natary) (Frint Name o#Notary} Notary Public in and for the State of Washington, residing at . lVly cs�mmission expires: . STA7�OF 1NASHINGTON } .ss. COUNTY OF } I certify that 1 know or have satisfactory evidence that is khe persan who appeared befare me, and sjhe acknowledged that sJhe signed this instrumeni, on oath stated that s/he was autharized to execute the instrument and acknaw{edged it as the of , a , ta be the free and waluntary act of such for the uses and purposes mentioned in#he instrument. Dated this day of ,201__,_. [Signature of Notaryj (Print Narne af Notaryj Notary Public in and for the State af Washington, residing at . My commissian expires: . 1.£ASE AGREEMENT 26 City af Renton tn Rainier Flight Service,LL� AGENDA /TEM #7, m) LAG 15- EXHIBlT A Lease Map and Legal Descriptlon LEASE AGREEMENT Z'7 City of Renton to Rainier F{ight Service,LLC i � lAG 15- � N�/�ar sc+e � ut a np. �,�w.. � oa�. wx ' ( � � � ,..... � .� �s n """ SI..'ALf_ ��'�" � ... - ;� �° ' tQ0 a 50 :CO :fiC, _�,_` �'��•� �se�:�2�+sv fd i .r r `t � 2� �I��tt ; t wi.w.rraerr P.�\ \� �.s�ao� �t�tl ' '"$ Y" SrS7d'FT- �----�-,� M.bl�7e'F � �4 � •!1� �6L1S" . 1 � � Mt772S�� f:9'S . n� ' � 65• Z 1� �z1 »..+" u ti� N Li f� H Q � N�l5.1� R�7677}L�� .�i �J9➢Y�- � � �sasrlL�_�.-.�_._. ��»? * � _ � i ,�u�� o� c�K 50+'s9':J7 y� � 10 � i133i' C p i ' j — „� F►xau ato « � K _ i � f.Q 77.�g�QY � Px�m'r� 1 r1�aoo �� f.sss� g K � w Q i � �1C vu�n�so ,. � ��a�a. r�.sm uu_ x d!� i�is�oep� 8�� .�sa� �i� �cs��H � � � F— � _ ,� i �F_ � RmR ti� , � � � w � � _� � �, - �� , � � �� L �wu _� �crr� ; 7di�� xi1m� 1 — - - — - - - - - -- �;�� rsst $ . „ � 1. g d 'R � r rawwar '�' �y t �• t — �.- "_'__ _' _ A:1as33Y_' ' _"__�� . ' ._, _ ' '_ _ � _ •� . 1 � v � ._ .�.— ]t � ; � 1_ECAL f}ESCRIPTtON� s4�et.�x�vcs rs r.��e'L w a:t�+ttu'u nc w�srxvcv+ccwo.viTr snmr ��c eJ ttwi�rxtrnr ra�er. E � �pv�fHC qNipllW'f�1L/L�NTOM ARfdP7 RVMWA�w5 CSinB[t1i'C B'7NC P1kKIC MX'KS 0�7��F7YCHT KlftSlV � . 1/tAi Pf�i�d��nE N i/7 CF Y=110M'. tOMN9�P 2]NOR�I RAlf`.c�i•[�St. 1l.MC!'ft.L�TfYR1 WY.11 b!C CQP(IY r'A9Qf'iDN.DE�' 9ED AS�JDK l7Cil tL�lS'CP.CICM.•5 fyt TMS 1faP MCP.[P�.R�TlI'CC qM F tE.'�:S'iX� /^•Al C•AR;N'r.SRtW'1/� W7 tC(7 PP � qYLSMQNC Ai TTC SbLM 7VARlLR C6�K�6 5l0 X_7dV),YtR�BfARS EliYZC A 11M��tA CCd�LJIC�1'}�OOd � i �� M�:ttls'N:+I�J4 fft7�AQY ilf SOUMKSI pJlFRR pf y1.p ACTSLW 7: ,�{I PAV�R1'II�aSREYi71f E04[PY7l7 UR.l2CD M�S�"Eti CLWPfa!D MO�.0.4i'C7 IO A�A1lCY.tl fFpp(!ti.`.URSTT 1 1 r ll Mp,�(MDl11b7= yt 3]lf[T TD TC mlRIEMF O�iAL74Y'I"� iNfHQ ��`'- Ca16t�fFD&tY1/+L MJ+M TS U5f ri�R � I�18�Sl�IP.kdti SAO TAIRW.4'.'A�.]7Sl1!iLl'7' .liU(iZ$R57l7�71[G9.00 lLLI . t�Y ra nt rwos�:or eecwa»+c .,1�„_ ,`, _� - a 7�ga`.F C(y/�$O31a'I7'W, J7181 RiT, IN[MCE'Nfq'It'SET 7d131!I'F1,� �n �..•.�.��y�s.� n+rw�sar.�'�s�;rnvrfrr.- :+�.r.rHotw'�ot�aeorrr: n+c�xcwa.�ano•c. ,r'��^,l' ,d�� , .ss►ee rcar. n�Na sa ie•s�'��sa rcrr m nt rowi rt rlvearc - - - ----- eax�a,wr uNt t ,�; �e, ,t! - �ITR tM au+r�r MG► �j S1 cWT�M:c.v►*OiCY�i£Lr 71BI9 9QtuRC iII)W 1l93 F�.'S - SFCaO1 tKE }��,y�� t��9!*�� I � u�sc cw[� � 1l;� rPr raxeo ov�urtx srcnx�a�arxn i �� j! ^ � � /OUup St:.T10r+tDtrq7r . ..� _....� j5 • 3 � .�6.'C•• t� �(Itf' � � st , , . , , . . . . . . . , � 1 I J Z � CEASE AGREEMENT 28 ~ City oF Renton to Rafnier Flight Service,LLC � � V 3 AGENDA 1TEM #T. m� ��is- EXHIBIT B Aircraft Laws and Regulattons, RCW 47.68.250: Pubtic kiighways and Transpartation. I I I.EASf AGREEMENT 29 City af Etenton tfl�tainier Fifght Service,�CC l AGENDA /TEM #7, m) LAG 15- � l..�'__.l cli I Help insido tha Legislature ��'��'��r 47 FR,cF, � �.��,FR asn + Fnd Your�eqlslator a7,6@.2A4 « s7 5p 25{�� a7.� * Visiting tb t.�pislature * Agendas,Schedubs and RCW 47.88.250 Cabndars ► BiAlniormaUon Registration ot aircraft. * Laws andApenq Aules + Legislativa Committees Every airaaft shall ba registered wilh the department ior eacn caiasxSar year in which th� * Legislative Agan�ies aircrafl is oparaced or is based within Ih�s stale.A fos of fiftesn dalta�s shall be charged iot * Logislative InioRnaGon each such registratian and each annual rencxvaE ihereot. Center . E•ma:l Notifications Possession oF the appropriata elleaiva tederal cenificate,permi�raGng,w licortsa {l.lstserv) �alaling io ovirqrship and airworthlness of the airuah,and payment of the axcise taz + Civlc Education �mposed tri Titla,Qy RCW tor lhe privilege of using the aircrah w:thin this stat�dwug 1he . Hislay ol the State Yoar tor which the reqistraUan is souQht,and payment ol tha registration feQ required by thE� �g�g�� section shaU be the only roquisites tor reyistration of an aircraR under Ihls svcUon. aulsido tlm ingislatum The ro9isUatan lee imposed by this seciian shali be payable!o and coil�ctad 6y thc secrotary.The hu for any calondar year must be�aid during the month of Januory,and shall x Congress•the Other bQ ool�ecled by tha seaetary at the time of ihe colivction by him on c�r of thv sald cxcisQ tax, Washinpton II tha s6erotary is safisfiod ihal tho roquirpments ta roqisUahon of the airuaft haw bcon mot, .. 3VYV he or she shall thereuport awe to the owner ot che airuaR a certifitate ot repistration + Washinpton Ca,ns =�fetor.Tha secratary shaN pay to the state treasurer ihe reyistraiion fees colectad ur�r Ihis sedion,which registralion(ees shaN kre cred:lod to the aeronautics account in the + OFM Fiscal Note Websile lransportation tund. Accas lt shall not ba necessa for Ihe re isUanl ro rovide the sacrpia witb or' inals or ie5 WWashinyton• ry 9 P ry 5� �R �..�..,,.,�_,,.,.,,,,.. oi iederal cerGfcates,permits,ratin4s,or 6canses.The secretary sitail issus ceAificates oi raeistration,or sach ottwr wldencas oi ragistrafion a payment of feas as he or she may deem praper,and in cannaction tharavith may prescnba requiremanls for tho possession �� and exhib�ion of such wnificates or othet evklenCac. *�•�� The �s�ons of this soction shall not a a....n., � PP�Y to: 4.wt: (t)M aircraR ownad try�nd usod oxclus�vely in the service af any govemment or arry poliLcaf subdiuision lheroai,includi�p the Qcrvemmant of the Unitad Statos,any stata, temtory+,or possesaion ot the UniWd SSates,or the Districl ot Cotumbia,which f�not engaped in cartylnq persons or propaAy tor comrrqrda!purposas; {2)M alrcrafl registered under the laws af a foreign couniry; 13)M alrcrah which is owrwd by a ranmsidont and rogistored i�anotAor stat�: PROVIOED,That it said aircraft shaN rartsain in arxi+ar be basad in this sfale for a period of ninety days or tonqor h sha14 not bo oxempt under this socGon; (e)M nlrcrah engaqed princ;pally in cammercial fkying canstauting an act ol in�rslate or tareign commerce; i5)M alrcratl owr,ad by tha eammercial manufacturar theBo(whi{e beinp operated�Or tesi or azperimental purposes,or(or the purpose ot training asws tor purchasers ot Use aircra$; (s}An aircrah being held fu sala,oxcharge,delivary,test,or damonslralion puiposes solety as stock in Irada ot an afrc�aR daalar Gcensed under rtla L aCW; !1)M alrcraR basad within the stat�that is in an ur�ainvorthy candition,is not oporaied wilhin the roQistradon pariad,and has obtained a writtcn exempGon issuad by tlw saaotary. The seuetary shall be notAied within thirty days ol ary char�qa in ownership ot a LEASE AGREEMENT 30 City of Renton to Ralnler Flight Service, LLC AGEIVDA ITEM #7. m) ua�is- .._ .,..__ . . _�. .._.. ._ .. .....__.. . ..�_ _ -. _ rogist�scd aittraft.Ttta nafif�ation sha�caotain Iha N,h1C,NR,NL�ar NX rsurr�bsr af the aircreft,iho fuA name and address ot Ihe brnoor tnvnar,ar�d thc lull nart�a and addreas of ihe new awrwr.�ar fa��re to sa nouy tha aecretary,tho rep�stratlnn ot that sircran may be cancated by!he secratary,wbJec!lo relnstaterrwM apon app�liccatlon and peyrt�ant o!a �einstatement teo ai 1an daiiar�by ihe now owner. A muaicipaliry or part cGsuict that owns,oparat�s,or laas�s an airpori,as daPu�cd In RCW �� ,z.L wrth the inte�t ta o�rarate,shall raqulr�(rom an a�cratt owrwr proo#af airaaft repisUatiun as a co�dtion of basir►q or sa�inQ tiadown or han�or spaca for an aircraft.It Is ihe raspons(b11iry af iho I�ssoa ar purchas�r ta raglstpr ttw a3rcrah.The airport shat wark with the ariatlon dlvtslan ta assist In its elforts ta reg3ster 8ircrdh by ptovEding htom�atbn abnut basod aitcrah an an annuai hZtais as rsquesied by U�e divisbn. �'+009 e]J5§4;t 959 e 3Ck�§2,t G49 e 1 BB S 1.1995 n�70;�.i 99�c xEle§7,�YE7 c Z2p y J:t 974 e 1 Stl§ 208;196T a:�c 9§8;15t55 c t54§1 t.t 5s9 c A4§t2;�4s7 c t 63§25.Fiem.Suyp,f W 4§i496�•s83. Fnnnerfy HCW te na aSn j NOf85: EHecQve date--2od3 c 375:See note tollowing RCW�7.Ss�.2ao. Severability--ti987 c 220:See naie iaNGwing RCW�$,�4. Alrcraft dealers:Chapter ia.20 RCW. Det�nition at lerms.RCW 1g,?.,4.i�.L4,4�4.2St LEASE AGREEMEN7 �1 j Clty of Renton to Rainie�Plight Service, LLC AGENDA ITEM #7, m) lAG 15- APPENDIX 1 Canst�uction un Parce1820 1. Tenant, soiely at its cost and expense, must construct or cause to be constructed upon the leased land at 820 West Perimeter Road, Renton, Washington, 98057 �hereinafter cailed "820 Parcel"} certain building,or buildings, and improvements as described below. 2. The Tenant understands that the Landiord desires to see the 820 Parcef devefoped to include a single large combination hangar and office building, a landside parking lot, and adequate ramp space far parked aircraft without need to expand to other parcels. The building shall be planned and built adhering to the design guidelines and design approval process noted in Section 5 below. 3. The final plans, specifications, details, and location of construction on the 820 Pa�ce1 shall be subject to the City of Renton's building pe�mit approval pracess prior to construction. 4. Tenant understands and agrees that any and a(I development on the 82d Parcel is subject to final,written approval by the Landlord befare construction may commence. S. Buildings shali be designed to be functional, neat, and attractive. The design shall include varied materials, cofors, articulated surfaces ar other means in order to avoid unbroken expanses of siding with no aesthetic value ar point of interest. l.andscaping shall conform to the requirements of the City of Renton Municipal Code. Pavement design and pavement markings on the airside of the perimeter security fence shall conform to applicable FAA Advisory Circular requirements. Tenant must follow the following Design Approval Process: Desi�n Approval Process a} Before beginning design,Tenant shall consult with Airport Management regarding the type of proposed building(s) landscaping and other impravements,the Tenant's general approach ta the design, and the Parcel Improvement Plan, as described below;and b) Before submitting applicatians#or permits,Tenant shall present a design praposal to Airpart Management consisting of sketches,color renderings, material selection boards or other means of conveying the design approach and intent; and c) Before submitting applications for pecmits,Tenant shall provide Airport Management with preliminary and final const�uction documents#or approval, and d) Permit appfications may not be submitted withaut written approval of the design by the Airport Manager. AGENDA /TEM #7, m) LAG 15- 6. Tenant shail submit to the City a Parcel Improvement Pian depicting all proposed and anticipated future improvements to the leasehofd parcel, which must make accommodation for: a} All parking aceas for tenant and customer land vehicles to insure they are located autside the perimeter security fence. b) An unbraken security perimeter between the security fence and the Tenant's building(s) to prevent unauthorized access to the airside. c) Adequate space for land vehicle parking outside the perimeter fence and aircraft parki�g on the apron an the airside.The Tenant's buildings(s�sha{!be sized and situated ta allow such adequate space. The Tenant must obtain from the Airport Manager written approva! of the Parcel Improvement Plan prior to const�ucting permanent improvements on the leasehold parcel. 7. Tenant agrees that the 35 year term of the Lease, LAG 15- is contingent on the Tenant meeting all milestones as listed below. The 1'enant further agrees that should any of these milestones not be rnet, the Lease term for the 820 Parcel will automatically reset and expire on September 30, 2Q24. 7.a. Milestone#1- Tenant shall submit a completed building permit application to the City of Renton's building department no later than December 1, 2Q19. 7.b. Milestone #2-Const�uction of improvements on the 820 Parcel shal! commence at the Tenant's aption, no sooner than June 1, 2019 and no later than February 28, 2Q20. 7his period may be extended consistent with the terms in Section 24 of the Lease. 7.c. Mifestone #3—Site imprgvements and all construction shall be fully complete within 18 months after construction commences. 8. Tenant shafl, at the time of submitting its campleted building permit app{ication,submit to the AirpQrt Manager a critical path canstruction schedule for any and a!I buildings and other improvements to be constructed on the 820 Parcel. 9. Upon completion of construction, Tenant shafl provide to the City of Renton's building department a reproducible, CAD disc copy of al1 as-built drawings for all building and utilities on the 820 Parcel. ' 1Q. Tenant shall cause Tenant's construction work to be performed by licensed and bonded tontractors, approved by ihe City of Renton, and the cflntractors shall provide, if required by the City of Renton, a perfo�mance bond covering all Tenan#'s work. . AGENDA ITEM #7. m) LAG 15- lZ. Tenant shall be fully responsible for all construction and all activities incidental thereto. 7enant is not an agent ar employee of#he City�f Renton but undertakes any activity hereunder solely on its own behalf. All risks of loss arising from Tenant's canstruction activities to any improvements now or hereafter constructed by Tenant shall rest on the 7enant. 12. All work and material shalf be of good quaiity, free of defects, and accomplished in a warkmanlike manner in conformity with approved plans and specifications. 13. TenanX acknowledges that the Renton Municipal Airpart Master Pian is currently being updated ("Master Plan Update"). Therefore,Tenant agrees that the height and configuration of any and all buildings and improvements proposed to be constructed shali be subject to any restriction(s) caused by existing landing, runway, or taxiway requirements of tF�e Airpo�t as indicated in the Airport Master Plan and other public planning documents available to Tenant at the time of execution of the Lease,or as amended in the Master Plan Update. 14. Work and/or rnaterial not in accord with this Appendix 1, shall be corrected, removed, �eplaced, and/or repaired at the Tenant's expense upon written notice by the Airport Manager. If such work and/or material is/are not so cortected, removed, replaced, and/or repaired by the Tenant within a reasonable period of time af such notice, the City of Renton may, at its choice, co�rect, remove, repiace, and/or repair such work and/or material at the Tenant's expense.This is a material provision of the Lease, LAG 15- , violation of which shall be a material breach of the Lease,for which Landlord may terminate the �ease wiihout furti�er notice. 15. Tenant shall pay all costs of g�ading, con5tructing, paving, or any other development costs, including a11 permits, witF�in the leased Premises and costs of utility insta{lation, relocation, or removal required by the construction and its use and occupancy of the Premises. All excavated soi{s shall be removed and disposed of at an approved off-site location. All backfifl material shall be imported materiai and the type and quality of the material sha11 5e approved by the airport engineer. 16. A11 work by the Tenant shall be performed in a safe manner both on the Prernises and with respect to any other City property at the Airport which migF�t be used or affected by any activity of the Tenant during canstructian. Work shalf be performed so as not to interfere with the use of other Airport property by the City, its ather tenants, or other users of the Airport property. Tenant shall keep the Premises, and any ather Airport pfoperty, free of waste materials and rubbish caused by the construction. Material and/or equipment shall not be placed or stored upon Airport property ather than the premises leased. 17. The City shall not be liable for any damages in connection with the approval or disapproval of any plans and specifications or any construction or other activities of Tenant on the premises, or the enforcement or failure to enforce any provisions of the Lease. The City's approval of plans and specificatlons shal! not constitute the assumption of any responsibility by the City or its representatives of the accuracy, efficiency, or sufficiency thereof, and Tenant shall be solely responsible therefo�e. ! � . ._...- - -. -. -. -� - -� -� ��. l AGENDA ITEM #7. m) LAG 15- , END C3F APPENUIX 1 � � � � I . � A GENDA 1 TEM #7. m) �a��S- Amendment di-15 AMENDMENT TO lEASE AGREEMENT {�ity of Renton ta Rainjer Hight Service, LlCy THIS AMENDMENT'to lease Agreement LAG 15- is effective as of Octnber 1,2015, REClTAtS: WHFREAS, Rainier Flight Service LlC(Tenant) has an exisEing lease Agre�ment with the City nf Renton,LAG 15- ,executed on Qctober 1, 2015,for the land lacated at 82�}West Perirneter Raad, Rentan,Washington 98�57�820 Parcet}; and WNEREAS,Te�ant intends ta redevelop the 820 parcel to expand its existing business;and WHERFASTenant desires to sub-lease the 820 Parcel tempararily back to the City r�f Renton; and WHERE,4S, during the pertad af sublease to the City af Ren#on there will be improvements made on the parcel that will benefit Tenant; a�d WHEREA5, during the period of subfease to the City of Rentan the Tenant will pravide landford with a canstruction plan, proceed with planning,surveying,financingl to commence canstruction as soon after May 31, 201.9 as is prattical,and NUW,i'HEREFORE,IT tS HEREBY AGREED AND CtJVENANTED BY AND BETWEEN THE CiTY QF RENTflN ANO RAINIER FLtGHT SERVICES LLC AS FOl.tOWS: WITNESSETN: 1. tandbrd and Tenant do hereby agree that the Tenant shall sublease the entirety of the 820 Parcel bacEc to the landEard effective on Qctober 1, 2015 until May 33., 2019. 2. The Landiord and Tenant do hereby agree that any ather tenants who accupy the 820 Parcel during the sub(ease shall he treated as tenants of the Landlord and nc�t subtenants of the Tenant for purposes af the Lease, and who shal)pay their rents directly to the landlord untE1 the end of the sublease. QRIGINA�. Lease Agreement i.AG (S-XXX � City of Rentan ta Etainier Flight Service LLC � AGENDA /TEM #7, m) LAG 15- � Amendment Ol-f5 3. The Landlord and Tenant do hereby agree ta a rental rate of zero dollars{$Qy for this sublease. i'he Tenant further agrees that the sublease rental rate will not change for the duration af the sublease. 4. The Landlord and Tenant d� hereby agree that a rental payment credit af$4,4fi2.94 per month for the 820 Parcel (73,849 square feet at$0.7252 per square fflot per yearj wiil be applied to the Tenant's invoice each month through May of 2019. 5. The Landlord and Tenant do hereby agree that the sublease shail automatically expire on May 31, 2019. 5. All other terms and conditions of the original Lease Agreement insofar as they are not incensistent herewith, sha11 remain in full force and effect. Rainier Flight Service �LC CITY OF RENTON a Washingion Corporation a Municipal Corporation � ° 1`', <�-..u.�,-.._ ��- � U Denis Law , Mayor j-'!!r�r•-«" Title lason Seth City Clerk Date Approved as ta legal form City Attorney Lcase Agreernent LAG 15-XXX 2 City of Renton to Rainier FEig6t Service LLC AGENDA /TEM #7, m) AMENDMENT NU.7 TO LEASE AGREEMENT LAG-10-001 (City of Renton to The Boeing Company} THIS AMENDMENT No. 7 to Lease Agreement LAG-10-Oq1("Amendrnent No. 7") is entered inta as day of , 2015 by the City af Renton, a Municipal Carparation (Landlord}and The Boeing Company,a pelaware torporation (Tenant)and amends that certain iease agreement LAG-10-001 dated lune 1,2010 as amended to the date hereof(the "Lease"). RECiTALS: 1. WMEREAS, the Tenant desires to�ease one available parcel on Apron C commoniy known as the"820 ParceP'as shown on Exhibit L for purposes of supporting its operations related to 737 production;and 2. WHEREAS,the Parties hereto agree that the 820 Parcel cansists of 73,849 square feet; and 3. WHEREAS,the 820 Parcel consists of vacant land containing both asphalt and grave!areas resulting fram the demalitian of the former 820 Building; and 4. WHEREA5,the 820 Parcel is serviced by utiGty stt�bs for water,sewer,electricity,and gas; and 5. WHEREAS,the 820 Parce{ has been ieased by Landlord to Rainier Flight Service, LL.0 {hereinafter"Rainier"y on a long term lease and Rainier has subleased that parcel back ta landiord untiE May 31, 2019; NOW, THEREFORE, IN CONSiDERATION QF THE TERMS AND CfJND1710NS HEREiN CONTAINED AND FC3R OTHER GOOD ANO VAtUABlE CONSiDER,4T10N,THE RECEiPT AND SUFFICifNCY OF WHICH IS HEREBY ACKNQWLEpGED, tANDLORD AND TENANT AGREE TO AMEND TNE LEASE AS SET FORTH BEI.OW: WiTNESSETH: Landlard and Tenant agree ta amend the �ease, in the foliowing respects; A. Section 1.a. af the lease is amended ta read as fallows: �RlG1NAL AGENDA ITEM #7, m) LAG-I0-QO1 AMENDMENT NO.7 Page 2 of 8 1. GRANT OF LEASE: 1.a. Le�al Description and Reservation of Easement: Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term described in Section 3 below,the parcels of land and,where applicable,the buildings and other improvernents associated therewith, shown on the following Exhibits with the Lease Maps and Legal Descriptions and Boeing Building Numbers: Exhibit"A"—Lease Parcel 5-08/5-09, as Amended by Amendment No. 1 Exhibit"B"—Lease Parcel 5-SO and 5-50 Building Exhibit "C"—Lease Parcel Aircraft Positions A-4 through A-9 &Compass Rose Exhibit"D"—Lease Parcel North Bridge Access Revised Exhibit"E"—Amended Apron B Exhibit "F"—Boeing Substation B-1 Exhibit"G"—lease Parcel Fuel Farm/Building 5-45 Exhibit"I"—Utility Installations Easement Agreement Exhibit"J"—Lease Parcel 760 Exhibit"K"- Lease Parcel 770 Exhibit"L"—Lease Parcel 820 C. Section 3 of LAG-10-001 shall be amended to add the following new section 3.d: , 3.d. Term for the 820 Parcel: The term for the 820 Parcel shall commence on October 1, 2015 and terminate on May 31, 2019. � 3.d.1. Option to Extend Term for the 82d Parcel: Tenant shali have no right to extend ' the term of this Amendment No. 7 for the lease of the 820 Parcel as provided herein. In no event will the lease of the 820 Parcel extend beyond the date of May 31, 2019. AGENDA ITEM #7. m) LAG-10-001 AMENDMENT N0.7 Page 3 of 8 p. Section 4.a. of the Lease is amended to read as follows: 4. RENTAND FEES: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of One Hundred Seven Thousand Five Hundred Seventy Eight dollars and Ninety Eight cents{$107,578.98),which amount is one-twelfth of the Total Annual Rent shown in the chart below, PLUS leasehold Excise Tax as described in Section 5 of the Lease without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month during the Term. Ail such payments shall be made to the City of Renton,Airport Administration Office, Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The Minimum Monthly Rent is computed as follows: Exhibit ( Lease Parcel/Buitding Leased 2010 Rates Annual Rent Description I area (sq ft) I I I Exhibit A 5-08/5-09 Building and $379,179.54 $379,179.54 Land and Aircraft Position A-1 Exhibit B 5-50 Building (See note $163,276.80 $163,276.80 below) ' I � ( Exhibit B Land and Aircraft 132,896 $0.66/sq $87,711.36 Positions A-2 &A-3 ft/yr (including land under 5- SO Buildingj Exhibit C Aircraft Position A-4 467,809 $0.66/sq $3Q8,753.94 thraugh A-9 and it/yr Compass Rose Exhibit D North Bridge Access 16,778� $0.66/sq $11,073.48 i ft�Yr ! I Revised Amended Apron B 174,073 $0.66/sq $114,888.18 Exhibit E ft/yr I ( Exhibit F Boeing Substation B-1 (area $0.66/sq $0 terminated it/yr by lease) Exhibit G 5-45 Building (building I I $20,100 $21,366.30 onty) � Exhibit G I 5-45 Land (land only) I 57,130 I $0.66jsq I $37,705.80 I AGENDA 1TEM #7, m) LAG-10-001 AMENDMENT NO. 7 Page 4 of 8 I I I I ft/yr I � Exhibit I Utility installations 22,147.74 33%of $4,872.50 Easement Agreement $0.66/sq ft/yr � Exhibit J ( 760 Parcel 56,923 $0.66/sq $37,569.18 � ( ft/yr Exhibit J 756 Building $2,965.68 $2,965.68 760 Building I $10,710.00 $10,710.00 Exhibit K I 770 Parcel 86,848 $0.66/sq $57,319.68 I � ft/Y� I I I Exhibit L $20 Parcel ( 73,849 $0.7252/sq $53,555.29 ft/yr I I Total Annual Rent= $1,290,947.73 plus Leasehotd Excise Tax � Note relating to Exhibit B: The Parties acknowledge that in 2009 and 2010, the Tenant made a substantial capital investment in improvements to the 5-50 Building, including numerous alterations to the structure as well as improvements within the building. Tenant's financial investment as well as these improvements and Tenant's use of the building as a paint hangar have made this a unique building. Pursuant to provisions in the prior lease, Renton will assume ownership of this building on June 1, 2010. So, while Landlord will charge Tenant rent for its use,the Parties have agreed to treat this building differently from other buildings in certain provisions of this Lease. The rental rate for the 5-SO Building shall adjust according to the terms set aut in this Paragraph 4, EXCEPT that in those years when the Minimum Monthly Rent is adjusted to the "then current market rent", pursuant to Paragraph 4.b.2 of the I.ease, the parties agree that the appraisal (or other form of analysis to determine fair market rental) relating to the 5-SO Building shall evaluate the building as an aircraft hangar, and as if the improvements made by Tenant in 2009-2010, and described in Paragraph 4.d of the Lease, had not been made. However,the Parties agree that the condition of the building, as it is maintained by Boeing, shall be considered in the appraisal (or other form of analysis)to determine the fair market rental. E. Section 12 of�AG-10-001 shall be amended to add a new section 12.d, to read as follows: 12.d Tenant Imorovements to 820 Parcel: Tenant will pave that portion of the 820 Parcel which is currently gravel with a minimum of 3 inches of asphalt and at a slope that accommodates the drainage of surface water in order to reduce the potential for foreign AGENDA 1TEM #7, m) �As-io-oai AMENDMENT NO.7 Page 5 of 8 object debris on the adjacent apron and taxiway.The existing paved area of the 820 Parcel as of the date of execution of this amendment will not be used for employee vehicle parking. All vehicle parking on the 820 Parcel shal) be on the landside of the perimeter security fence. Tenant will obtain Landlord's written consent prior to undertaking any improvements or installing any buildings, structures, or equipment on the 820 Parcel. F. Miscellaneous. This Amendment No. 7 will be effective immediately upon execution and delivery by the parties. This Amendment No. 7 may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together,shall constitute but one and the same instrument. This Amendment No. 7 shall be governed by the law of the State of Washington, without reference to its choice of law rules. This Amendment No. 7 supersedes any prior agreements, negotiations and communications,oral or written, with respect to the addition of the 820 Parcel to the Premises under the Lease and contains the entire agreement between, and the final expression of,the landlord and Tenant with respect to the addition of the 820 Parcel to the Premises. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. As amended by this Amendment No. 7,the Lease continues in full force and effect in accordance with its terms. On and after the date of this Amendment No. 7,the Lease shall be deemed amended by this Amendment No. 7 and all references in the Lease to "this Agreement" "this Lease" "herein" "hereaf"and the like shall be deemed to be references to the Lease as amended by this Amendment No. 7. AGENDA ITEM #7, m) LAG-10-001 AMENDMENT NO.7 Page 6 of 8 Executed by landlord and Tenant as of the date first written above. The Boeing Company CITY OF RENTON a Washington Corporation a Municipal Corporation ,��/��..�' "/�f'' _ `T � Denis Law Mayor �� v U Title " Jason Seth City Clerk Date Approved as to legal form City Attorney AGEIVDA ITEM #7, m) ACKNQWLEDGEMENt STATE OF WASHINGTQN } } § COUNTY OF KlNG } On this � C,� day of �.�-�II.�� , 201�before me,the undersigned natary public ir�and for the Stat of�l1lashington, duly cammissioned and sworn,personally appeared �!► V�'-;azc� � �ri h nS�:Y,� ta me known to be the ��r,,;��,� . of THE 60EING COMPANY.a Delaware carporatian,the party that executed the��in instrument,and acknowledged said instrument to be the free and voluntary act and deed of said party,for the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to execute the same. WITNESS my hand and official seal hereto the day and year in this Certificate first abov� written. � � Signature: 'R " . - �,{�✓ �otiry putrnc . Notary Public in and for the State of Wa�hington St�ta ot Waahinpton N4t8rY(Rrint nat7le),�L�-!+t�t�1 � � . l�l-C�?, ARLENE C RICE Mp Appolntment Expke:A�45.20i6 Residing at � �l+l 1 C%�'1 + MY apPointment expires��t 1_'S --�.{11 �U � � AGENDA ITEM #7. m) Exhibit L ' # � , � ��+ . . , $ , . . . . Pro osed Lease Area I AGENDA ITEM #7, n) �r....� ,-_... i CITY OF �''rl��l ' ' • • � . • -. � SUBJECT/TITLE: Addendum 09-15 to Boeing Employee Flying Association Lease LAG 001-87 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 , . • . Expenditure Required: $ N/A Transfer Amendment: ° $N/A Amount Budgeted: $ N/A Revenue Generated: $ 9,674.04 ,Total Project Budget: $�tJA: .;�� City Share i'otal Proj�ct ,$N/A , .,, . .w.. .k . The Boein Em lo ee FI in Association BEFA leases a arcel on the Air ort consistin of 95 493 s uare feet. g P Y Y b � ) P p b , Q Of this area 6,736 square feet is used as an access easement to the 850 parcel and charged a reduced lease rate as a result. The lease allows for a rate adjustment every five years. The January 2015 arbitrated lease rate of$0.7252 per square foot per year was used to adjust BEFA's annual leasehold amount effective June 1, 2015 through December 31, 2019. The new annual leasehold amount is$66,791.54, an increase of$9,674.04 (66,791.54—57,117.50=$9,674.04). � A. Addendum 09-15 to BEFA's Lease LAG 001-87 , � • • �� • Approve a lease rate adjustment to Boeing Employee Flying Association lease LAG 001-87 from $57,117.50 to $66,791.54 effective June 1, 2015 through December 31, 2019, the expiration date of the lease. AGENDA 1TEM #7. n) LAG 001-87 Addendum 9-15 ADDENDUM TO LEASE AGREEMENT City of Renton to Boeing Employee Flying Association Inc THIS ADDENDUM to Lease Agreement LAG 001-87 is effective as of June 1, 2015, by the City of Renton, a municipal corporation (Lessor) and Boeing Ernployee Flying Association Inc., a Washington corporation (Lessee}, and amends that certain lease agreement LAG 001- 87, dated January 1, 1987. RECITALS: WHEREAS, under LAG 001-87, effective January 1, 19$7, the City of Renton (Lessor) had leased to the Boeing Employee Flying Association (Lessee)certain land on the Renton Municipal Airport, Renton,Washington, until December 31, 2019; and WHEREAS, under LAG 001-87, Lessee leases approximately 95,493 square feet of ground space, including 6,736 square feet for a driveway access to the 850 Building; and WHEREAS, on June 1, 2010, the land rental rate for the approximately 88,757 (95,493—6,736) square feet of land area leased by Lessee was determined to be$0.62 per square foot per year and continuing until June 1, 2015; and WHEREAS, also on June 1, 2010,the land rental rate for the driveway access of approximately 6,736 square feet of land area leased by Lessee was determined to be fifty percent(50%) of the base land rate, or $0.31 per square foot per year and continuing until June 1, 2015; and WHEREAS, on January 8, 2015, a new land rental rate was established, through the lease arbitration process, at a rate of$0.7252 per square foot per year; and WHEREAS, pursuant to LAG 001-87, Addendum 6-05 parag�aph 5, in a (etter dated March 18, 2015, Lessee was notified by certified letter that the lease rate would be readjusted using a means otherthan the Consumer Price Index-Urban; and WHEREAS, on June 1, 2015,the land rental rate was adjusted using the lease arbitration process,to a rate of$0.7252 per square foot per year for the 88,757 square feet of leased land, resulting in an annual rental amount of$64,366.58 (88,757 x$0.7252}, and continuing until December 31, 2019; and �JRlGINA�. Addendum 9-15 to LAG 001-87 1 City of Renton to Baeing Employees Flying Association I�c AGENDA /TEM #7. n) LAG 001-87 Addendum 9-15 WHEREAS, on June 1, 2015, the land renta) rate for the driveway access, being a joint use area and virith a reduced land rental rate that is fifty percent (50%) of the existing land rental rate,was adj�sted to a rate of$0.36($0.7252 x.50� per square faot per year for the 6,736 square feet of driveway access, resulting in an annual renta)amount of$2,424.96 (6,736 x$0.36), and cantinuing until Oecember 31, 2Q19. NUW,THEREFQRE, IN CONSIDERATION OF THf TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VAIUABLE CONSIDERA710N,THE RECEIPT AND SUFFICIENCY OF WH1CH IS HEREBY ACKNOWLEDGED, LE550R AND LESSEE AGREE TO AMEND TNE LEASE AND LEASE ApDENOA AS 5ET FORTH BELOW: WITNESSETH: i. The lessor and lessee do hereby agree to amend section 2 of LAG 001-87 to provide an annual land rent of$64,366.58 (88,757 x$0.7252), PLUS leasehold excise tax,for the 88,757 square feet identified in lease LAG 001-87, effective lune 1, 2015 through December 31, 2019. 2. The Lessor and Lessee do hereby agree to amend section 2 of LAG 001-87 to provide an annual land rent of$2,424.96(6,736 x$0.36), PLU5 leasehold excise tax,for the 6,736 square feet of driveway access identified in Addendum 8-10 of lease LAG 001- 87, effective June 1, 2015 through December 31, 2019. 3. All other terms and condition5 of the original Lease Ag�eement and Addenda thereto, insofar as they are not Inconsistent herewith, shall remain in full force and effect. Boeing Employee Flying Association Inc CITY OF RENTON a WaShington corporation a Municipal Corparation ;d��C�-�- ��Cl�v � Denis Law Mayor Addendum 9-i5 to LAG 001-87 2 City of Renton to Boein�Employees Flyfng Association fnc AGENDA ITEM #7, n) LAG 001-87 Addendum 9-15 �,r�.s:d-e�' Title lason Seth City Clerk Date Approved as to legal form City Attorney Addendum 9-15 to LAG 001-$7 3 City of Renton to Boeing Employees Flying Assaciation Inc AGENDA ITEM #7. o) -„�'""'"�` ` CMTY QF �,'r1�0►�'1 � • • • . • -. � SUBJECT/TITLE: Amendment 03-15 to Bosair, LLC Lease LAG 12-004 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 � . � ' Expendifure Required: $NjA Transfier Amertdment: , ° $ N/A Amount Budgeted: $ N/A Revenue Generated: $ 7,693.30 ' Tatal Rroject�ud�et $.N/�; Ctt�yShare"Tc�tat Prb�ect. $ NjA �, .... :. .. ...... .. ........ �. �.�.. ., d3..... ,.., e�-:u Yt..<<..h„ ,.Y.i' ,-�...._. '.. �,�,�;. , . _ �....,..... :.uoAA..�a:'9ti.L�V.�. .... --eLc^..;�».n.. ._. . ,.. .. ,. . .. - , � � � � � Bosair, LLC leases a parcel on the Airport consisting of 80,811.88 square feet. The lease allows for a rate adjustment every three years. The January 2015 arbitrated lease rate of$0.7252 per square foot per year was used to adjust Bosair's annual leasehold amount and is effective October 1, 2015, through October 1, 2018. The new annual leasehold amount is$58,604.78, an increase of$7,693.30(58,604.78 - 50,911.48= $7,693.30). : A. Amendment 03-15 to Bosair, LLC Lease LAG 12-004 � i • • � � • Approve a lease rate adjustment to Bosair, LLC's lease LAG 12-004 from $50,911.48 to$58,604.78 effective October 1, 2015 through October 1, 2018. AGENDA ITEM #7. o) ua�iz-ooa Amendment 03-15 AMENOMENT TO fASE AGREEMENT City of Renton to Bosair, LLC THIS AMENDMENT No.3 to Lease Agreement LAG 12-004 is effective as of October 1, 2015, by the City of Renton, a municipal corporation (Landlord) and Bosair LLC, a limited liability company(Tenant), and amends that certain lease agreement LAG 12-004, dated October 1, 2012. RECITALS: WHEREAS, under LAG 12-004, effective October 1, 2012,the City of Renton (Landlord) had leased to Bosair LLC(Tenant) certain land on the Renton Municipal Airport, Renton,Washington, until September 30, 2052; and WHEREAS, under LAG 12-004,Tenant leases 80,811.88 square feet of land; and WHEREAS, on October 1, 2012, the Commencement Date,the Eand rental rate for the 80,811.88 square feet of land was determined to be $0.63 per square foot per year and continuing until October 1, 2015 and WHEREAS, on lanuary 8, 2015, a new land rental rate was established, through the lease arbitration process, at a rate of$0.7252 per square foot per year; and WHEREAS, pursuant to LAG 12-004, section 4.c., in a letter dated March 23, 2Q15, Lessee was notified by certified letter that the lease rate would be readjusted using a means other than the Consumer Price Index-Urban; and WHEREAS, on October 1, 2015, the land rental rate was adjusted using the lease arbitration process,to a rate of$0.7252 per square foot per year for the 80,811.88 square feet of leased land, resulting in an annual rental amount of$58,604.78(80,811.88 x $0.7252), and continuing until October 1, 2018. NOW,THEREFORE, IN CONSIDERATION OF THE TERMS AND CONDITiONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUAB�E CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LANDLORD AND TENANT AGREE TO � AMEND THE LEASE AND LEASE AMENDMENTS AS SET FORTH BELOW: Amendment 03-15 to LAG 12-004 �R I G I NAL 1 City of Renton to Bosair LLC AGENDA ITEM #7, o) LAG 12-004 Amendment 03-15 WITNESSETH: 1. The Landlord and Tenant do hereby agree to amend sectian 4.a. of LAG 12-004 to provide an annual land rent of$58,604.78 (80,811.88 x$0.7252), PLUS leasehold excise tax, for the 80,811.88 square feet identified in lease LAG 12-Q04, effective October 1, 2015 through October 1, 2018. 2. All other terms and conditions of the original Lease Agreement and Amendments thereto, insofar as they are not inconsistent herewith, shal! remain in full force and effect. Bosair LLC CITY OF RENTON a Washington Limited Liability Company a Municipa( Corporation Denis Law Mayor (�,M�� l..l.�. Title Jason Seth City Clerk Date Approved as to legal form City Attorney Amendment 03-15 to LAG 12-004 2 City of Renton to Bosair LLC AGENDA ITEM #7. p) �„ � CITY OF - -� �E'�'1�C)�'1 � � • • . • -. � SUBJECT/TITLE: Landing Gear Works, LLC—Lease Amendment 02-15 RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 . • . 4. � . - -�. ,::., _, _ . .. _ : Expenditure Required:' `$ N/A Transfer Amenctmeiit. ` $NjA Amount Budgeted: $ N/A Revenue Generated: $ 563.99 Tatal PraJect�udget $N�A , C�ty Share Total P��ect ,$N/A -...�:. ' .. . ,�... .. ...........x,...o:vF .�. ....,,.ewt.xw,. ,,..w-.t. . .._s ., ,... -.., .,.. ... � ... . . . . . . ,.. ,. - �w . _ _ .._ .. ._ .._ . ... . � � � � � Landing Gear Works, LLC is currently leasing 4,102 square feet of office space and 1,278 square feet of storage space in the building located at 289 East Perimeter Road. Lease Amendment 02-15 seeks to increase the amount of storage space they lease by 1,330 square feet. The total leased area would then total 4,102 square feet of office space and 2,608 square feet of storage space. The net revenue increase would be $563.99 per year. Landing Gear Works, LLC is also seeking to extend the term of their lease by 12 months to expire on August 31, 2017. : A. Amendment 02-15 to Landing Gear Works, LLC Lease LAG 13-005 B. Lease Map � � ' • � � • Approve Landing Gear Works, LLC request for additional storage space in the 289 East Perimeter Road building, and extend the term of the lease for an additional 12 months, from August 31, 2016 to August 31, 2017. AGENDA ITEM #7, p) LAG 13-005 Amendment 02-15 AMENDMENT TO BUILDING LEASE AGREEMENT City of Renton to Landing Gear Works, LLC THIS AMENDMENT No. 2 to Lease Agreement LAG 13-005 is entered into as of October 1, 2015 by the City of Renton, a Municipal Corporation (Landlord) and Landing Gear Works, a limited liability company(Tenant)and amends that certain lease agreement LAG 13-005 dated September 1, 2013. RECITALS: WHEREAS, the Tenant is leasing 5,380 square feet in the building located at 295 East Perimeter Road, under Lease LAG 13-005; and WHEREAS, that 5,380 square feet in the building (ocated at 295 East Perimeter Road is composed of 4,102 square feet af office space and 1,278 square feet of storage space; and WHEREAS,Tenant desires to retain the area leased for office space and increase the leased area in the building for storage space by adding 1,330 square feet of storage space, as shown in the amended Exhibit A (Lease Map); and WHEREAS, Landlord desires to permit the increase in the leased area for storage space; and WHEREAS, the standard storage lease rate is$0.42406 per square foot per year for the 2,608 (1,278+ 1,330= 2,608) square feet of storage space; and WHEREAS,the Tenant desires to extend the term of the lease for an additional twelve (12) month period ta expire on August 31, 2017. NOW,THEREFORE, IN CONSIDERA710N OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND SUFFICIEIVCY OF WHICH IS HEREBY ACKNOWLEDGED, LANDLORD AND TENANT AGREE TO AMEND THE LEASE AS SET FORTH BELOW: WITNESSETH: Q �"='t��pA V� 1. The Landlord and Tenant do hereby agree to amend settion 1.b D 'on and Reservation of Easement to read as follows: Landlord here es to Tena t,241� Lease Agreement lAG 13-QOS O D j(�I� A � 1 City of Renton to Landing Gear Works LLC �� N AGENDA ITEM #7. p) LAG 13-005 Arnendment 02-15 and Tenant leases from Landlord for the term described in Section 3 below,the portion of the building located at 295 East Perimeter Road as shown in Exhibit A attached hereto and incorporated herein by reference (hereinafter, "Premises"). whith includes 4,102 square feet of office space, and 2,608 square feet of storage space 2. The Landlord and Tenant do hereby agree ta amend Section 3.b. Additional Term: to be re-titled and to read as follows: Extended 7erm:The extended term of this Lease (herein referred to as"Extended Term") as to the entire Premises shall terminate on August 31, 2017 {hereinafter"Expiration Date"). 3. The Landlord and Tenant do herby agree to add a new Section 3.c. Additianal Term: to read as follows: After the Extended Term, continued tenancy by Landing Gear Works, LLC., will be on a month-to-month basis. 4. The Landlord and Tenant do hereby agree to amend Section 4.a. Minimum Monthlv Rent to read as follows:Tenant shall pay to the Landlord a Minimum Monthly Rent in the sum of Sixteen Hundred Thirty and 41/100 Dollars ($1,630.41), PLUS Leasehold Excise Tax as described in Section S, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month. All such payments shall be made to the City of Renton 616 West Perimeter Road, Unit A, Renton,Washington 98057. The Minimum Monthly Rent is computed as follows: (4,102 sq. ft.)($4.50 per sq. ft. per year) _$18,459.00 (2,608 sq. ft.)($0.42406 per sq. ft. per year) _$1,105.95 � $18,459.00+$1,105.95 =$19,564.95/ 12 months=$1,630.41 PLUS leasehold excise tax 5. All other terms and conditions of the original Lease Agreement and Amendments thereto, insofa�as they are not inconsistent herewith, shall remain in full force and effect. Lease Agreement LAG 13-005 Z City of Renton to Landing Gear Works LLC 'I AGENDA ITEM #7, p) LAG 13-005 Amendment 02-15 Landing Gear Works LLC CI7Y OF RENTON a Washington Lim'ted Liability Campany a Municipal Corporation -- _..�./� ,�'�-�' 7"hr�r��•.� �� r�C�.�'��r�r1 Denis Law Mayor l`�dre��.,�+-- Title lason Seth, City Clerk Date Approved as to legal form City Attorney Lease Agreement LAG 13-005 ` 3 City of Renton to Landing Gear Works LLC AGENDA ITEM #7, p) lAG 13-005 Amendment 02-15 AMENDED EXHIBIT A See attached. Lease Agreement LAG 13-005 4 City of Renton to Landing Gear Works LLC i �_ - � -- - - _� _..— _ - -- -- �- - - ; _,,, , ,; .- � �_. � __ �_.:_. .__ . _ _ .. . � .._. . __, __... , - - __ , _ - - - L r--i-,—`, -._..� --- � ?- � ---- _ _ _ _ __ -- -- - � �! _ i � _ F °r _� � Original Lease LAG 13-005(existing) � � � j �� ' - I � � �° 3,502 square feet of Office space ' ! �.� ��I i �� - - ' `� j L—� �` ! — ' Amendment 01-14(existing) i y]� �� -�� ,___L�, �--� _ � a �� f � 600 square feet of Office space � �- �:-T.-" - - .„=T��_�;l,, �'� I i �( �i �- ,� ,� , � ' — 1,278 square feet of Storage space � ' ° � U � , �� ,� � � t-._ ._ , , � = ` ` �.___ ��_T ' � _ ( Amendment 02-15(new) ' --* � ' - �� 1._ i� _ { -' - - � ' - - __. .., __ `�, _..._ _.__._ _ '_ �-> _.. _ 1 - - --- - - ------ - , ; � �'�� ; � ; �� 1,330 square feet of Storage space , --- , '� _) ~ � i ` � � � ! i ��. � �- :c�_,. �_ � fj ( � GrandTotal � ( �-�----�-- =' ' - � i , ' ' I 7 -r�'j `` � y ! 4,102 square feet of Office space ' : I +yxn or —• �_. .. . . , . , ; �. � �1 - ... .,..._.... i... :'_.,�.�, � J 2,608 square feet of Storage space � i� : 1 : . , ; � � � � , , � :_.1_..i ._, i ___,..j-�.0 ___� - .._..�_�-�__�� _ ----''_— --=-_-.-� . � � . - . � ,. .___. �._.. _:: _. . . _ , � I i ---- j ._. ___ fi.�.. . __... _._�,w._�.�- .' I i- ;. ` � �i/,. , ( � 9i �� n ;� c� '=; z �; °n — — —,--- "s_ ---".--- � - ; _ � _ .. �-- -�-. -. -- -- �„ r... --- — � _ _ . r . � _ _L.r 1. 31 3 � - - - - .:.;.', �` �• -� IT A __ ; , � 295 BUlLDING � f EXHIB -- ! ,. ;� V - i � ,.,..,, f - ,, i , _ .. ___. , �__ _ — ; - _ _ _ _ .. ,, . - . , " ; a AGENDA ITEM #7. q) -�/r�""''....� ` � CtTY OF �'�"1�C)Yl � � • � . � -. � SUBJECT/TITLE: Aviation Training Center Operating Permit and Sublease Agreement RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 . . . . .. :- , < . ,, � ,_._.�-.: .. _. .: : _ . ExpenditureRequi�ed: $NjA Transfer Amendment: $NJA Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project eud�et,: s $N�A � � _ city�nare Tota{Prp,je�t rt LL , $NjA �<... . . . . , a _ . � ' • � • Bosair, LLC leases 80,811.88 square feet of ground space in the southeast corner of the Airport at 289 East Perimeter Road. Bosair is in the final stages of completing construction of their new, larger building. Bosair's ground lease with the Airport continues until September 30, 2052. Bosair, LLC has entered into a sublease agreement with Aviation Training Center for unused office space located on the top floor of the new building. The term of the sublease is month-to-month, and expires no ' later than January 31, 2026. Aviation Training Center's core business consists of flight training, aviation ground schooling, and simulator training. Aviation Training Center has been in business since 1996 and currently operates on the King County International Airport (KCIA). Space availability at KCIA is very limited and has been shrinking in recent years. As a result Aviation Training Center has been looking to relocate. The sublease between Bosair and Aviation Training Center and Aviation Training Center's Operating Permit and Agreement will not change the annual Airport leasehold revenue. : A. Bosair Sublease to Aviation Training Center � ' • � � • Approve the Operating Permit and Sublease Agreement with Aviation Training Center effective September 1, 2015 on a month-to-month basis, not to extend beyond January 31, 2026. A GENDA 1 TEM #7, q) � r��t� a�� . D rr�� OPERATING PERMIT ANU AGREEMENT AUG 1 O ZQ��j .1 between the City of Renton and Aviation Training CE nter � THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AN AGREEMENT(hereinafter"Operating Permit") between THE CITY OF RENTON,a Washington municipal corporation (hereinafter"Permittor"},and Aviation Training Center.,a Washington corporation(hereinafter"Permittee"). IN CONSIDERATlON of the covenants and agreements hereinafter set forth,the parkies agree as follows: 2. ACKNOWLEDGEMENT OF SUB-LEASE: 1.1. Pursuant to lease agreement �AG 003-86,executed on August 1, 1986,the City of Renton(Landlord)granted a Iease of the subject premises to 1ohn,Julie &Terrence Lien,as Lessee,for the purpose of aperating a Fixed Based Operation,which includes/included aircraft rebuilding and maintenance,aircraft modification, light manufacturing,engineering and sales, storage of aircraft parts,employee and customer parking and tiedown and storage of aircraft. On March 8,2001,the entire ground lease (LAG 003-86)was assigned from John,lulie&Terrence lien to Bosair LLC(hereinafter"Lessee"). 1.2. Thereafter, Lessee sublet a portion of the subject premises to Aviation Training Center(Permittee) by sublease agreement, executed on May 19, 2015,for the purpose/purposes of operating a flight school,ground school,and simulator training business located at 289 East Perimeter Road. 2. GRANTOFOPERATING PERMIT: 2.1. Description af Premises: The Premises subleased by Aviation Training Center,the Permittee,is described in the sublease as office space located at 289 East Perimeter Road.The layaut of this office space is identified in the sublease as Exhibit A and that exhibit is attached he�eto and incorporated by this reference. 2.2. Common Areas: Permittee, and its authorized representatives, subtenants, assignees,agents, invitees, and licensees, shall have the right to use, in cammon with others, on a non-excfusive basis and subject to the Ai�port Regulations and Minimum Standards (as they may be amended from time to time) pursuant to Section 8.5 below, and subject to the terms of its sublease, the public portion of the Renton Municipal Airport (aka Clayton Scott Field, hereinafter referred to as "Airport"), including the runway and other public facilities provided thereon. 2.2.1. Access to Taxiwavs and Runwav: Notwithstanding anything in this Operating Permit to the contrary, Permittor acknowledges that direct access to the taxiways and runway OPERATING PERMIT 1 City of Renton to Aviation Training Center 0 R��AL AGENDA iTEM #7. q) fram the Premises is essential to the conduct af Fermittee's business on the Rremises and, except during construction activities occurring on the taxiways, runway ar weather-relateci events, Permittar shail nat da anything that wauid interfere with direct access to the taxiways and runway by the Fermittee and its representatives, subtenants, assignees, agents, invitees, and licensees during the Term of this Operating Permit, PROVIDED that if Permittor plans any construction activity on the taxiways ar runway, Permittor wili schedule such activity sa as not to interfere with Permittee's use of the Premises, the taxiways, or the runway, will notify Permittee of any pians for such activity not less than six months in advance of the cammencement of such activity, and will consult and coordinate with Permittee to ensure that such activity does nofi interfere with Permittee's use of the Premises, the taxiways, ar runway, except that in the case of an emergency Permittor may proceed with such activity without notice to the Tenant and will use its best reasonable efforts not ta interfere with Permittee"s use of the Premises, taxiway, or runway in addressing such emergency. For purposes of this provision, an "emergency" is a canditian that presents an imminent threat of bodily in}ury to or death of any persan ar lass of ar significant damage to any�►roperty. 3. CONDI710NS: 3.1. Sqecific Conditians: This Operating Permit, and Permittee`s rights and permitted uses under this Operating Permit,are subject to the following: 3.1.1. Easements, restrictions and reservations of recard; 3.1.2. The Airport Regulations a�d Nlinimum Standards pursuant ta Secfiion 8.5 below,includin�Permittar`s standards cancerning operatian of aviation activities fram the Airpart;and 3.1.3. All such non-discriminatory charges ar�d fees for use of the Airport as may be established from time to tirne by Permittt�r as set out in Section 5.3.of this Operating Permit. . 3.2. No Convevance of Airport; This Operating Permit shal)in no way be deemed to be a conveyance of the Airport,and shall not be cartstrued as prouiding any speeial privilege for any public portion crf ihe AirporE except as clesc�ibed herein. The Permittoc reserves the absolute right to fease or permit the use of any partion c�f the A'rrpo�t for any purpose deemed suitable � for the Airport,except that portion that is permitted hereby. � 3.3. Nature of Permittor's Interest: It is expressly understoad and agreed that Permittor ! b' ct o a rant and conve ance holds and operates the Airport,and the Prernises under and su �e t g y �� thereof ta Permittor frorn the United States af America,acting thrau�h its Reconstructian finance Corporation,and subject to all the reservatians, restrictions, rights,conditions,and �', exceptions of the United States therein and thereunder,which grant and conveyance has been �led far record in the o�ce of the Etecorder of King County,Washington,and recortie�!in Valume 2568 of Deeds, Page 385;and further that Fermittor holtts and operates�aid Airport I and Premises under and subject to the State Aeronautics Acts o#the State of Washington � OPERATiNG PERMIT 2 I City of Renton ta Aviatian Tr�ining Center j -- - - AGENDA ITEM #7, q) {chapter 165, laws of 1947),and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfu(ly promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee also accepts and will hold and use this Operating Permit and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing,and if#his Operating Permit,its Term,or any conditions or provisions of this Operating Permit are or become in conflict with or impaired or defeated by any such legislation, ru�es, regulations,contingencies or risks,the latter shalf contral and, if necessary, modify or supersede any provision of this Operating Permit affected thereby, all without any liability on the part of,or recourse against, Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, rules and regulations. 3.4. Future Development/Fundin�: Subject always to Permittee's rights under Section 2.2.1 of this Operating Permit, nothing contained in this Operating Permit shall operate or be construed to prevent or hinder the future development,improvements,or operation of Airport by Permittor, its agents,successors or assigns,or any department or agency of the State of Washington or of the United States,or the consummation of any loan or grant of federal or state funds in aid of the development,improvement,or operation of the Renton Municipai Airport. But Permittor's exercise of such rights shall not unreasonably interFere with Permittee's rights under this Operating Permit. 4. TERM OF LEASE,SUBLEASE ANO OPERATING PERMIT: 4.1. Initial Term: The term of the sublease to Aviation Training Center is stated in the Sublease Agreement section 1.2 attached hereto. 4.2. Permit Term:The term of this Operating Permit is month-to-month and may be extended to include any Extended Term as may be in effect between Bosair LlC(Lessee)and Aviation Training Center(Subles�ee/Permittee).This Operating Permit may be extended on a month-to-month basis by operation of any extension of the sublease,with all other terms and conditions of this Operating Permit remaining in full force and effect. In no event will the term of the Operating Permit and Agreement be extended beyond lanuary 31,2026. S. RENTAt: 5.1. Rent on Lease: As rental for the premises described in LAG 003-86 and addenda thereto, Lessee has agreed to pay Permittar a ground lease rate of$0.62/sq ft/year on 51,259 square feet or thirty one thousand seven hundred eighty dollars and fifty eight cents ($31,780.58) per year or a monthly rental in the sum of two thousand six hundred forty eight doilars and thirty eight cents($2,648.38)throughout the twefve (12) month period commencing on June 1, 2010 which does not include leasehold excise tax. Lessee has agreed to pay Permittor a building lease amount of three thousand seven hundred dollars($3,700} per year or a monthly rental in the sum of three hundred eight dollars and thirty three cents ($308.33) throughout the twelve(12) month period commencing on lune 1,2010,which daes not include OPERATING PERMIT 3 City of Renton to Aviation Training Center AGENDA ITEM #7. q) leasehold excise tax. The Rental amount set out herein is subject to Periodic Rentai Adjustments as set out in Addendum 02-98 to lease LAG 003-86. 5.2. Rent on Sublease: As rental for the premises described in Section 2, above,during the term of this permit, Permittee has agreed to pay Lessee a monthly rental in the sum of four thousand forty one dollars and seventy five cents ($4,041.75)which does not include leasehold excise tax. In the event Lessee fails to pay the rent identified in Section 5.1.,and any future rental rate increases,then Permittee may,whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 003-86 and addenda thereto, pay said rent,when due. In the event neither Lessee nor Permittee pay said rent,then the Permittor may terminate this permit with ten(10j days' notice. 5.3. Other Char�es: Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined,all fees and charges now in effect or hereafter levied or established by Permittor,or its successors,or by any other governmental agency or authority, being or becoming levied or charged against the premises,structures, business operations, or I, activities conducted by or use made by Permittee of,on,and from the leased premises which �' shal)include, but not be limited to,all charges for light, heat,gas, power,garbage,water and other utilities,Aircraft Rescue and Fire Fighting services or services rendered to said premises. In the event Lessee fails to a th e other char es identified in this Section 5. p Y � 3,then Permittee ' may,whether Permittee subleases all or part of Lessee's Airport leasehnld interest as described in lease LAG 003-86 and addenda thereto, pay said other charges,when due. In the event neither the Lessee nor the Permittee pay said ather charges,then the Permittor may terminate this permit with ten (10) days' notice. 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein,and Lessee fails to pay said tax or charge,then Permittee may,whether Permittee subleases all or part of lessee's Airport leasehold interest as described in LAG 003-86 and addenda thereto, pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthty rentals. In the event neither Lessee nor Permittee pay said tax or charge, then the Permittor may terminate this permit with ten(10)days' notice. 6. PAYMENT OF UTiLITIES AND RELATED SERVICES: 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 003-86 and addenda thereto, if Lessee fails to pay such utilities and service charges,then Permittee may pay all light, heat,gas, power,garbage,water,sewer and janitorial service used in or on the Premises when due. In the event neither Lessee nor the Permittee pay said utility or service charges,then the Permittor may terminate this permit with ten{10)days' notice. 6.2. Permittor shall not be liable for any loss or damage caused by or resulting from any variation, interruption,or failure of said utility services due to any cause whatsoever;and no OPERATING PERMIT 4 City of Renton to Aviatian Training Center AGE`1VDA ITEM #7. q} temporary interruption or failure of such Services incident to the making of repairs,alterations or impravements,or due to accident,strike,act of God,or conditions or events not under Permittar's control,shall be deemed a breach of the Permit or as an eviction of Permittee,or relieve Permittee fram any of its obligations hereunder. 7. PERMITTEE'S ACCEPTANCE OF PREMISES: 7.1. Acceptance of Premises: By occupying the Premises, Permittee formally accepts the same in A5 IS condition,and acknawledges that#he Permittor has complied with all the requirements imposed upon it under the terms of this Permit with respect ta the condition of the Premises at the commencement of this term. Permittee hereby accepts the Premises subject to all applicable zaning, muniCipal,county and state laws,ordinances and regulations governing and regulating the use of the Prernises,and accepts this Perrnit subject#hereto and to all matters disclosed thereby and by any exhibits attached hereta. Permittee acknov+rledges that neither Permittor nor Permittar's agerit has made any representation or warranty as to the suitability of the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any disturbance from Permittor,or others clairr�ing by or through Permittor. 8. PURPOSE AND US�: 8.1. Use of Premises: The Premises are leased to the Permittee for the purpose of operating a flight school,ground school,and simulator training business in accordance with the Airport Regulations and Minimum 5tandards pursuant to Section 8.5 below. 8.2. Continuous Use: Permittee covenants that the Premises shall be continuousty used for those purposes during the term of this�perating Permit, shall not be allowed to stand vacant or idle,and shall nat be used far any other purpase without Permittor's written consent first having been obtained. Consent of Permittor to other fiypes af activities will not be unreasonably withheld. 8.3. Non-Aviation Uses Prohibited: Permittee agrees that, except as expressly provided above,the Premises may not be used for uses or activities that are not related,directly ar indirectly,to aviation. 8,4. Si ns: No advertising matter or signs shall be at any time displayed on the subieased premises or structures without the written approval of Permittor,which will not be unreasonabiy withheld. One sign,af the type and dimensians specified by the Airport Manager, shall be permitted ta be displayed on the Rainier and Airport Way entrance fences throu�h the termination date of this Operating Permit. 8.5. Conforrnity with Ru1es: Perrnittee further covenants to keep and ope�ate the Fremises and all structures, impravements, and activities in cnnformity with a1i ruies, re�u{atit�ns and laws now existing or hereafter adopted by Permittar, including the Airport Regula#ions and Minimum Standards which are incorporated herein by this reference,the OPERATING PERMI7 S City of Renton to Aviatian Training Center AGENDA ITEM #7. q� i Federal Aviatian Administration,the State,4eronautics Cc�mmission,or other duly constituteci governmental autharity,all at Permittee`s cost and expense. 8.6. Waste,Nuisance, ilfe�al Activities: Permittee shal! not permit any waste,damage, or injury to the Premises or improvements therec�n, nor allow the rnaintenance of any nuisance therean, nor the use thereof far any iflegal purposes or activities. 8.7. Increased lnsurance Risk: Permittee shalf not do or permit ta be dc�ne in ar about the Premises anything which will be dangerous to li#e or li�rtb,or which will increase any insurance rates upon the Fremises or t�ther buildings and improvernents at the Airpo�t. ' 8.8. Aircraft Re�istration Com�liance. The Permittee is hereby notified o#the Washington State {aw concerning aircraft registration and the requirerrteni that the Tenant camply therewith. See Title 47.68.250 RCW: Public Highways and Transportation. 9. HAZARDOUS 5UBSTANCE USE: 9.1. Permittee's Representation and Warrantv: Permittee shall not dispose of or otherwise allow the release of any Hazardous Substances in,an or under the Pr�mises,ar the Property,or in any Permittee improvements or�lterations placed on the Premises by Permittee. Permittee represents and warrants to the Permittor that Permittee`s intended use of the Premises does not and wil! not invo(ve the use, production,disposal or bringing on to the Premises of any hazardcrus substance, hazardous material,waste, pallutant,or confiaminant,as thtise terms ace defined in ar�y federal,state,caunty,o�city law or regulatian(callectively, "Hazardous Substances"j other than fuels,lubricants and other products which are customary and necessary for use in Permittee's ordinary caurse of bu�iness, provided that such products are used,stored and disposed of in accordar►ce with applicable laws anc!manufacturer's and supplier's guidelines. Permittee shall prornptly camply with a!!laws and with a!f orders,decrees or judgments of government authorities or courts hauing jurisdiction, relating to the use, coilectian,treatment,disposal,storage,cor�traf, removal or cle�nup by Permittee af Hazardous 5ubstances,in,on or under the Premises,or incorporated in any improvements or aEterations made by Permit#ee to the Premises,at Permittee's sole cost and expense. 9.2. Standard of�are: Perr»ittee agrees to use a high degree af care tc�be certain that no Nazardous Substances are improperly used,released ar disposed in,on oc under the Premises during the`ferm by Permittee,ar its autharized representatiues or assigns,ar are improperly used,released or dispased an the Premises by the act af any third party. 9.3, Compliance Notification: In the event of non-compliance by Permittee,after notice to Permittee and a reasnnable opportunity for Perrnittee to effect such compliance, Permittor may, but is nQt obligated to,enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable ta protect its interest in the Premises,provided, however that the Permittor shaU not be obligated to give Permittee natice and an opportunity to effect such cornpliance if�ij such delay mi�ht re$u!t in material II adverse harm to the Premises or the Airport,or(ii) an emergency exists. Permi#tee shal! I f3PERATtNG PERMIT � � Gity of Renton to Aviatio�Training Center AGENDA ITEM #7. q) reimburse Permittor for the full amount of a�l costs and expenses incurred by Permittor in connection with such comptiance activities and such obligation shall continue even after expiration or termination of the Term. Permittee shal) notify Permittor immediately of any release of any Hazardous Substances in,on or under the Premises. 9.4. Indemnity: 9.4.1. Permittor shall have no responsibility to the Permittee,or any other third party, for remedial action under R.C.W. Chapter 70.105D,or other federal,state,county or municipal laws,in the event of a release of or disposition of any Hazardous Substances in,on or under the Premise5 during the Term that were caused by Permittee. Permittee shall defend, indemnify and hold harmless Permittor, its officials,employees,agents,and contractors (hereinafter"City Indemnitees")from any claims (including without limitation third party claims for personal injury or real or personal property damage�,actions,administrative proceedings,judgments, penalties, fines, liability, loss,damage,obligation or expense, including, but not limited to,fees incurred by the Permittor or City Indemnitees for attorneys,consultants,engineers,damages, environmental resource damages,and remedial action under RCW Chapter 70.lOSD or other remediation, arising by reason of the release or disposition of any Hazardous Substances in,an or under the Premises during the Term that are caused by Permittee. 9.4.2. Permittee shall have no responsibility to the Permittor,or any other third party, for remedia) action under RCW Chapter 70.105D,or other federal,state, county or municipal laws, nar shall Permittee have any other liability or responsibi{ity of any kind,in the event of the presence, release,or disposition of any Hazardous Substance on, in or under the Premises unless such presence, release,or disposition of any Hazardous Substance was caused by Permittee. Permittor shall defend, indemnify and hold harmless Permittee,and their directors, officers,agents,employees,and contractors (collectively, "fndemnittees")from any claims (including without limitation third party claims for personal injury or�ea1 or personal property damage),actions,administrative proceedings,judgements, penalties,fines, liability, loss, damage,obligation or expense, including, but not limited to,fees incurred by Permittee or any Indemnitee for attorneys, consultants,engineers,damages,environmental resource damages, and remedial action under RCW Chapter 70.105D or other Remediation, arising from or in connection with the presence,suspected presence, release or suspected release of any Ha2ardaus Substances in, on or under the Premises that is not caused, in whole or in part, by Permittee or the Indemnitees. 9.4.3. The provisions of this Subsectian 9.4 shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Operating Permit by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 9.5. Dispute Resolution: In the event of any dispute between the parties concerning whether any Hazardous Substances were brought onto the Premises by Permittee,or whether any release of or disposition of any Hazardous Substance was caused by Permittee,the parties OPERATING PERMIT � City of Renton to Aviation Training Center AGENDA 1TEM #7. q) agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two(2)selected arbitrators, if unable to agree within a period of thirty(3Q)days after such appointment, as that term is defined in Section 9.5.1 of this Operating Permit,shall select a third arbitrator. The arbitrators shall be environmental consultants with experience in the identification and remediation of Hazardous Substances. The arbitrators shall make their decision in writing within sixty(60)days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shal{bear the cost of the arbitrator named by it. The expenses.of the third arbitrator shall be borne by the parties equalfy. 9.5.1. Apqointed Arbitrators: The two appointed arbitrators shall meet,and shal! make their decision in writing within thirty(30)days after the date of their appointment. If the appointment date for either arbitrator is later than the other,the latter date shalf be the appointment date for purposes of the thirty(30}day deadline. If the two arbitrators are unable to agree within a period of thirty(30}days after such appointment,they shall,within a period of thirty(30)days after the first thirty(30)day period,select a third arbitrator. If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty(30)day period, either Permittor ar Permittee may apply to the head of the Seattle office of the American Arbitration Associati�n to appoint said third arbitrator. The three arbitrators shali have thirty(30)days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both parties. The decision of the majority of such arbitrators shal! be final and binding upon the parties hereto. 1Q. MAINTENANCE: 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Permittor for use by the Permittee,shal! be used and maintained by Permittee in an operable, neat,orderly,and sani#ary manner. Permittor shall not be called upon to make any improvements,alteration,or repair of any kind upon the Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish,trash,waste and leaves around the Premises, including that blown against fences bordering the Premises,whether as a result of the Permittee's activities or having been deposited upon the Premises from other areas. 10.2. Removal of SnawlFloodwater/Mud: Permittee shall be responsible for removal of snow and/or floodwaters or mud deposited there from the Premises and those areas of the sublease utilized by the Permittee,with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor upan the public areas of the Airport. 10.3. Permittor Mav Perform Maintenance: If Permittee fails to perform Permittee's obligations under this section, Permittor may at its option{but shall not be required to)enter OPERATING PERMIT � City of Renton to Aviation Training Center AGENDA /TEM #l. q) the Premises,after thirty(30)days' prior written notice to Permittee,and put the same in good order,candition and repair,and the cost thereofi together with interest thereon at the rate af twelve(12%} percent per annum shall become due within thirty(30}days of the date of the Permittor's invoice ta the Permittee. 11. ALTERATIOi�S: 11.1. Pratection fram Liens: Befare cammencing any work relating to alterations, additions and improvements affecting the Premises{"1Nork"}, Permittee sha11 notify Permittor in writin�of the expected date of commencement of the Wark. Permittee shall pay,or cause ia be paid, all costs of iabor,services and/or materiafs suppiied in cnnnection with any Wark. Permittee shall keep the Premises free and clear af a(I mechanics'and materialmen's liens and other iiens resulting from any Work. Permittee sha(i have the right to contest the correctness crr validity af any such{ien if, immediately on demand by Permittor,it procures and records a iien release bond issued k�y a responsible corporate surety in an amount sufficient ta satisfy statutory requirements therefore in the State of Washingtan. Permittee shali promptiy pay or cause to be paid all sums awarded ta the ciaimant on its suit, and, in any event,before any execution is issued with respect to any judgment abtained by the claimant in its suit or befare such judgment becomes a lien on the Premises,whichever is earlier. If Permittee sha(I be in default under this Sectian,by failing to provide security for or satisfactian of any mechanic's or (iens,then Permittor may, at its optian, in addition to any other rights ar remedies it may have, discharge said {ien by(i} paying the claimant an amount sufficient ta settle and discharge the claim,(ii) pracuring and recording a lien releas� band,or(iii)taking such other action as Rermittor shall deem necessary or advisable,and, in any such event, Permittee shall pay,on Permittar's demand,all reasanable costs (including reasonable attorney fees� incurred by Permittor in settling and discharging such lien tagether with interest thereon at the rate of twelve{12�� percent per year from the date of Permittar's p�ymenfi of said costs. Permittor's payment of such costs shall not waive any default of Permittee under this Sectic►n. 11.2. Band: At any time Permittee either desires to or is required to make any repairs, afterations,additinns,improvements ar utiiity installation thereon,or atherwise, Permittor may at its sole option require Permittee,a#Permittee's sole cost and expense,to o6tain and provide to Permittor a lien and completian bond in an amaunt equal to one and ane-half(1-1/2�times the estimated cost of such impravements,ta insure Permittor against liability for mechanics and materialmen's liens and to insure completion of the work. 11.3. Permittor Mav Make Improvements; Permittee agrees that Permittor may,at its option and at its expense, make repairs, alterations ar improvements which Permittor may deem necessary or advisatale for the preservation,safety,ar impravement of utifities or Airport infrastructure on the Premises, if any. Permittor shall provide ten (10)days'advance notice of any such work and u�e reasonable effarts to nat interfere with Permittee's use of the Premises during any such work. 11.4 improvements: As further consideration for this Operating Permit, it is agreed that upon the expiratian ar sooner termination af the Term,ali structures and any and all OPERA7ING PERMIT � � City of Renton to Aviation Training Center r AGENDA ITEM #7. q) i � improvements of any character whatsoever instalied on the Premises by Permittee, shail be and � b�came the property of the Permittor,and title thereto shall autamatically pass to Permittor at � such time,and none af such improvements now or hereafter piaced on the Premises sha11 be i removed therefrom at any time without Permittor's prior writfien consent. During the Term, � Permittee shall hald title to all impravements placed by Permittee on the Premises. Permittee I covenants and agrees that Permittee will pay and satisfy in full a11 outstanding liens,or other � debts,affecting dr encurnbering such irnprovements before transfer of ownership of such � improvements to Permittor. Permittor may,at its aption, require Pe�mittee, upr�n the expiration or sooner terrnination of the Term,if any,to remove any and all impravements and structures installed by Permitfiee from the Premises and repair any damage caused thereby,at Permittee's expense. I Z2. ASSiGNMENT: 12.1. Assi�nment/Sublettin�:Any assignment,encumbrance or sublease,whether by operation of law or otherwise,withaut Permittar's consent shall be void and shall constitute a default by Permittee under this Operating Permit. Na consent to any assignment or sublease shall constitute a waiver of the provisions of this Section and nn ather or subsequent j assignment or sublease shall be made without Permittor's prior written consent. Before an , assignment ar sub-lease will be approved,the proposed assignee or sub-Permittee must comply ' with provisions of the then current Airport Leasing Palicies,including, but not limited to the "Ar►alysis of Tenant's Financia)Capacity," independent of Permittee's complRance or�inancia! Capacity. Consent shall not be unreasonab(y withheld,conditioned,or delayed. I In the case of an assignment of the full leasehold interest and/or complete sale af the stock ar '� other interests in the entity constituting Permittee and cancor»itant transfer af ownership of � said entity,{aj in the case af an assignment,the propased ass'sgnee shall deliver to Permittor a '� written instrumen#duly ex�cuted by the proposed assignee stating that it has exarnined this ' t?peratin�Permit and agrees to assume,be bound by and perform a!!of Tertant's obligations under this Operatir�g Permit accruing after the date of such a�signment,to the same extent as if �'� it were the ariginal Tenant,and�b)'sn the case of a stock transfer,Transferee sha11 deliuer a �' written acknawled�gment thax it shall continue to be baund by a}I the pravisions of this Operating Permit after the transfer. Except in the case of an assignment of the fult leasehald interest,any assignment permitted hereir�will not relieve Tenant af its duty ta perform all the obligations set aut in this Qperating Permit or addenda hereto. In na event will the assignment of the full leasehold interest or the complete sale of the stock ar other ir�terests in the entity constite�ting Tenant and concarraitant transfer of ownership ofi said entity cause an extension c�f the Term of this Operating Permit. 12.2. Conditions tc�Assi�nment or Sublease: Permittee agree�tl�at any'snstrumer�t by which Permittee assigns or sublets all c�r any portion af the Premises shal!(ij incorporate this Qperating Permit by referer►ce,{ii)expressly provide that the assignee nr subtenant may nat further assign or sublec the assigned or sublet space without Permittars prior written consent OPEItATIN6 PERMIT 1a j Gty af Rento�to Aviation Training Center � AGEIVDA 1TEM #l. q) (which consent shall nat be unreasonably withheld,conditione�3,ar delayed},(iii}acknawledge that the assignee or subtenant wili nat violate the provisions af#l�is Operating Permit,and�iv} in the case of any assignment,acknawledge that Permittor may enfarce#he provisions of this C}perating Permit directiy against sucfi assignee. 12.3. documentation: Rtc,permitted subletting by Permittee shall be effective until there has i�een delivered tc�Permittor a copy af the sublease and an executed 4perating Permit and A�reement in which the subtenant agrees nat to violate and to act in canformity with the terms and pravisians afi this{3perating Permit; provided that no Operating Permit shail be required for the subletting of hangar or tie-down space for aircraft storage purposes. No permitted assignment shall be effective unless and until there has been deiivered to Permittor a counterpart of the assignment in which the assignee assumes all of Tenant's abligations under this Operating Permit arising on or after the date of the assignment. � 12.4 No Release of Permittee's Liabilitv: i�either an assignment nor subletting shall be deemed a waiver af any of the pravisians of this Section or reiease Permittee from its obiigation to campiy with the terms and prc�visians of this Operatin� Permit and Permittee shali remain fully and primarily liab{e for ali of Permittee's obligations under this C�perating Permit, un(ess Permittor otherwise agrees in writing. Notwithstanding the foregoing, in the event that Permittor`s consent tb assignment is obtained fc�r a campiete assignment and Assignee agrees in writing to assume ai1 of the obligations and liabilities of this Operating Permit accruing�fter such assignment, Permittee shail be reiieved of ail liabiiity arising from this Operating Permit and arising out of any act,occurrence or omission occurring after Permittor's consent is obtained. To the extent that any c{aim for which indemnification of the Permittar(including with respect to Hazardous Substance)arises after Permitte's tc�mplete assignment for conduct predating said assignment,the Permittee shall not be relieved of abligations or liability arising from this Operating Permit. 12.5. No Mer�er: Without limitin�any of the provisions af this Section, if Permittee has entered into any subleases of any portion of the Premises,the voluntary ar other surrender of this Operating Permit,or a mutual cance(lation by Permittor and Permittee,shali nat work a rnerger and shall terminate all or any existing subleases or subtenancies. 13. DEfiAULT: 13.1. Default; The occu�rence of any of the fiollowing shall constitute a default by Permittee under this C}perating Permit: 13.1.1. Failure to Complv with Airport Re�uiatior�s and Minimum Standards: Failure to comply with the Airport Regulatians and Minimum Standards,i#the faiiure ct�ntinues for a period af twenty-four{24) hours after natice of such default is given by Permittor to Permittee. If the failure to cc�mply cannat reasonably be cured within twenty-fc�ur(24) haurs,trien Fermittee shall not be in default under this C?perating Permit if Permittee cc�mmences to cure the failure to camply within twenty-faur{24} hours and diligently and in good faith continues ta DPERATING PERM(T 1� City of Renton to Aviation Training Center � AGENDA ITEM #7. q) cure the failure to comply. However,said inability to cure within twenty-four(24)hours, diligence and good faith notwithstanding,cannot be based on financial incapacity. 13.1.2. Failure To Perform or Cure: Failure to perform any other provision of this Operating Permit, if the failure to perform is not cured within thirty(30)days after notice of such defauit has been given by Permittor to Permittee. If the default cannot reasonably be cured within thirty(30)days,then Permittee shall not be in default underthis Operating Permit if Permittee commences to cure the default within thirty(30j days of the Permittor's notice and diligently and in good faith continues to cure the default. 13.1.3. Appointment of Trustee or Receiver: The appointment of a trustee or receiver to take possession of substantially all of the Permittee's assets located at the Premises or of Permittee's interest in this Operating Permit, where possession is not restored to Permittee within sixty(60)days;or the attachment,execution or other judicial seizure of substantially all of Permittee's assets located at the Premises or of Permittee's interest in this Operating Permit, where such seizure is not discharged within sixty(60) days. 13.1.4. Failure to Comqlv With Laws: lt shall be a default of this Permit if the Permittee fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal,state,and/or city governments, any terms of this Permit and/or the underlying lease. 13.2 Additional Securitv: If Permittee is in default under this Operating Permit,and such default remains uncured for more than three (3) business days after Permittor gives Permittee notice of such default,then Permittor,at Permittor's option, may in addition to other remedies, require Permittee to provide adequate assurance of future performance of all of Permittee's obligations under this Operating Permit in the form of a deposit in escrow,a guarantee by a third party acceptable to Permittor,a surety bond, a letter of credit or other security acceptable to,and approved by, Permittor. If Permittee fails to provide such adequate assurance within twenty(20)days of receipt of a request by Permittor for such adequate assurance,such failure shall constitute a material breach of this Operating Permit and Permittor may, at its option, terminate this Operating Permit. 13.3. Remedies: If Permittee commits a default,then following the expiration of the notice and cure periods set forth in Section 13.1 above, Permittor shall have the foliowing alternative remedies,which are in addition to any remedies now or later allowed by law,and Permittor shalt use reasonable efforts to mitigate its damages: 13.3.1. Maintain Oqeratin� Permit in Force: To maintain this Operating Permit in full force and effect and recover any monetary charges as they become due,without terminating Permittee's right to possession, irrespective of whether Permittee shall have abandoned the Premises. If Permittor elects to not terminate the Operating Permit, Permittor shall have the right to perForm all acts necessary to maintain or preserve the Premises as Permittor deems reasonable and necessary,without being deemed to have elected to terminate the Operating OPERATING PERMIT 1Z City of Renton to Aviatio�Training Center A�EIVDA l�`EM #7. q) Permit,includir�g removal of al{persons and property from the Premises;such property may be removed and stored in a public warehouse or elsewhere at the cost a€and on the accourtt t�f Permittee, Notwithstanding that Permittor faiis to elect to termir�ate the Operating Permit initialiy, Rerrr�ittor at any time during the Term may elect to terrninate this f)perating Permit by virtue of such previaus defauli of Permittee so long as Rermittee remains in de#ault under this Operating Permit. 13.3.2. Terminate Operatin�Perrnit:Ta terminate Permittee's right to passession by any Iawfu!means, in whi�h case this�per�ting Permit shail terminate and Permittee shall immediately surrender possession of fihe Premises ta Permittor. In such event Permittor shall be entitied to recc�ver fram Permittee all damages incurred by Permittor by reason of Permittee's defauit including wi�haut limitation thereto,the faliowing: (i)any amount necessary to compensa#e Permittor for ali the d�triment proximatefy caused by Permittee`s failure to perform its obligatians under this Operating Permit or which in the ordinary cou�se of business would be iikeiy ta result therefram,inciuding without limitation, (A)any costs or expenses incurred by Permitto�inciuding reasonable attarney fees,and (B)such ather amounts in addition to or in iieu of the foregoing as may be permitted from time to time by applicable state law.The amounts referenced in this Section sha11 accrue interest at 12%per annurn. 14. BINDING AGREEMENT: 5ubject to the restrictipn upon assignment ar subletCing as set farth herein,all of the terms,canditions,and provisions of this Permit shall be binding upon the parties,their successars and assigns,and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. CONDEMNATtON. If the uvhole ar any substantial part of the Premises shall be condemned or taken by Permittor or any county,state,or federal autharity#or any purpose, then the Term shali cease as to the part so taken from the day the possession af that part shall be required for any purpose. From th�t day the Permittee shall have the right ta either cancel this Operating Permit and declare the same null and void,or ta continue in the possessia�nf the remainder of the same under the terms herein provided. A!I damages awarded for such takin� for any public purpose shall belang to and be the property of the Permittar,whether such damage shali be awarded as compensatican forthe diminution in value to the leasehold,orto the fee af the Premises herein leased. Damages awarded for the taking of Permittee's improvements located an the Premises shall belong to and be awarded ta Perrnittee. I6. RIGHT OF INSPECTtOIV: Permittee wili a(low Permitto�,or Permittor's agent,free access to the Premises at all reasonable tirr�es for the purpose of inspectian,or for making repairs,additions or aiteratians to the Premises,ar any praperty owned by or under the control of Permittor. 1'7. SURRENCJER OF PREMiSES: Permittee sha(i quit and surrender the premises at the end of the term in a condition as good as the reasanable use thereof would permit, normai wear and tear excepted.Aiterations,additions or impravements which may be made by either of the parties hereto on the Rremises,except movable office furniture or trade fixtures put in at the OPERATIN6 PERMIT �3 City of Rentan to Aviation Training Center r --- —--------.._.—..— —_------^^.�. � AGENDA iTEM #7, q} exper�se af Permittee,shaU be and remain the properky of the Permittar ar►d shaN remain on and be surrendered with the Prernises as a part theceof at the termir�atiar►o#this lease without hindrance,molestation, or injury. Permittee sha{! repair ai its sole expense any damage ta the Premises occasioned by its use thereaf,or by the removal of Pe�mittee"s trade fixtures, furnishings and equipment which repair shall include the patching and#illing of holes and repair af structural damage. 18. INSURANCE: 18.1. Personal Property: !t is agreed that Permittor sha!! not be held liable in any � manner for, or on account of, any loss ar damage to personal property of the Permittee, Permittee's invitees or other persons,which may be sustained by fire ar water or other insured peril, or for the loss of any artides by burglary, theft or any other eause from or upon the Premises. It is acknowledged that Permittor does not caver any of the personal praperty of , Permittee, Permittee's invitees ar other persons upan the Premises thrt�ugh its insurance. ' Permittee, its invitees and other persons upon the Premises are solely responsib{e to obtain ', suitable persflnal property insurance. 1$.2. Liabilitv lnsurance. The Permittee ag�ees to maintain in force during the term o# this Lease a policy of cornprehensive public liability and property damage insurance written by a company authorized ta do business in the State of Washington against any liability arising aut of the ownership, use, accupar�cy or r�taintenance of the Premises and all areas appurtertant thereto.The limits of liability shall be in an amount of not less than$1.,QOO,Q04.40/$2,00O,OOQ in the aggregate for injury to or'death of one person in any one accident or occurrence and in an amount of not less than$1,Q4Q400,QC!for injury to or death of more than one persan in any one accident or occurrence, and of not less than $1,004,flOd.QO for property damage. The limits of said insurance shali not, houvever, iirnit the liability of Permittee hereunder. The 'snsurance pol'scy shaif have a Landlard's Pratective �iability endarsement attached thereto, and the City of Renton will be named as Additionai lnsured(s) on Rermittee's policy, uvith the Generai Liability coverage being primary and non-cantributory with any ot�er palicy(ies) avaiEabie to the City. 183. Insurance Palicies: fnsurance required hereunder shaii be written in companies acceptable to Permittor and rated A-10 or better in "'Best's lnsurance Guides." Permittar reserves the right to establish and,frQm time-to-time, to increase minimum insurance coverage , amounts. Notice af increased insurance requirements shall be sent to the Permittee at least forty(45}days prior tca the annua! renewal date c�f the Permittee's insurartce, Coverage shall be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to c ui�ed b Fermittee or certificates evidencin I Permittor copies o# palicies of such insurance a q y , � the existence and amaunts of �uch insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an additianal insured with that coverage being primary and nc�n-contributory to any other insurance coverage available to the City. The Fermittee shall i p�ovide the City with written natice af any palicy cancellatian, within two busir►ess days af their ' receipt of such notice. OPERATING PERMi'f 1� City a€Renton to Aviatian Training Center AGENDA ITEM #7. q) 18.4. Insurance Maintained Throu�;hout Term: Permittee shali not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any additional premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. If the Permittee shall fail to procure and maintain said insurance the Permittor may, but shall not be required to,procure and maintain the same, but at the expense of Permittee. 18.5. Waiver of Subro�ation: Permittee and Permittor each waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other,for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Permittee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Operating Permit. 19. LIMITATION UPON PERMITfOR'S LIABILIlIf. Permittor shall not be liable for any damage to property or persons caused by,or arising out of(a) any defect in or the maintenance or use of the Premises, or the improvements,fixtures and appurtenances of which the premises constitute a part; or(b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(c)any act or omission of any Permittee or other occupants of the building,or their agents�servants,employees or invitees thereof. 20. INDEMNITY: Permittee covenants to defend, indemnify and save harmless Permittor against any and all claims arising from (a)the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Operating Permit term, or(b) arising from any act or negligence of the Permittee or any of its agents,contractors, patrons,customers,or employees,or invitees, or{c)arising from any accident, injury,or damage whatsoever, however caused,to any person or persons,or to the property of any person, persons,corporation or other entity occur�ing during the operating Permit term on, in,or about the Premises, and from and against all costs, attorney's fees,expenses, and liabilities incurred in orfrom any such claims or any action or proceeding brought against the Permittor by reason of any such claim,except such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee,on notice from Permittor,shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to,and approved by Permittor. 21. HOLDING OVER: Permittee understands that upon expiration of the term of this permit,Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if,without execution of any extension or renewal of this permit, Permittee should remain in possession of the premises after expiration or termination of the term of this permit, notwithstanding any extension of its sublease with Lessee,then the Lessee shall be in default of its lease, LAG 003-86 and Permittor may evict the OPERATING PERMIT 15 City of Renton to Aviation Training Center AGEAIDA iTEM #7. q} Lessee and the Permittee. Ail the cc�nditians,terms and pravisions of this permit shall be ' applicable during such holding over, 22. NO WAIVER: It is further cavenanted and agreed between the parties hereto that I no waiver by Permittor of a breach by Permifitee af any covenant,agreement,stipulation, or I condition of this Operating Permit shall be construed to be a waiver of any succeeding breach af I the same cavenant,agreernent,stipulatian,ar condition,or a breach of any crther covenant I agreement,stipulaticrn,or condition. 23. NOTICES: Al) natices or requests required or permitted under this Operating Permit shall be in writing;shall be personally delivered,delivered by a reputable express delivery service such as Federal �xpress or DHL,or sent by cerkified mail, return receipt requested, postage prepaid,and shall be deemed delivered on receipt or refusal. All notices or requests ta Permittor shall be sent to Permittor at Permittar's address set forth below and all notices or requests to Permittee shall be sent to Permittee at Permittee's address set forth below. Permittor's Address: Airpnrt Manager 616 West Perimeter Road, Unit A Renton,Washin�ton 98057 Permittee's Address: Auiation Training Center 289 East Perimeter Raad Renton,WA 98057 24. DISCRlMtNATIC?N PROHlBlTED: 24.1. biscrimination Prohibited: Permittee cavenants and a�rees not to discriminate against any person or class of persons by reason of race,color,creed,sex, national arigin,or any other class of person protected by Federa!or State !aw or the Rentan City Cade,in the use af any of its facilities provided for the public in the Airpart. Permittee further agrees to furnish senrices an a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge an a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Permittee rr►ay make r�asonable artd non-discriminatory discounts, rebates,or ather similar types af price reductions to valume purchasers. 24.2. Minaritv Business Enterqrise Policy: It is the policy ofthe Department of Transportation that minority business enterprises as defined in 49 C,F.R. Part 23 shall have the maximum apportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequent{y,this Operating Permit is subject to 49 C.F.R. Part 23,as appficable. No persan shaU be excluded from participation in,denied the benefits of or otherwise discriminated � against in connection with the award and performance of any cantract,includin�Qperating ' Fermits covered by 49 C.F.R.Part 23,on the grounds of race,ca(ar, national arigin or sex. 243. Application ta 5ub-leases; Subject to the provisinns of Sectian 12 of this Permit, Permittee agrees that it will include the above clause in all assignments of this Operating Permit oP��►�rin►��RnnE� �� City o#Renton to Aviation Training Center , AGENDA ITEM #7. q) or sub-leases,and cause its assignee(s)and sub-lessee(s)to similarly include the above clause in further assignments or sub-leases. 25. FORCE M�UEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials,faifure of power, restrictive governmental laws or regulations, riots, insurrections,war,or ather reason of like nature not the fauft of the party delayed in performing work or doing acts required under the terms of this Operating Permit,then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not, however,operate to excuse Permittee from the prompt payment of any payment required by the terms of this Operating Permit,to be - made by Permittee. 26. TRANSFER OF PREMISES BY PERMITfOR: In the event of any sate, conveyance, transfer or assignment by Permittor of its interest in the Premises, Permittor shail be relieved of all liability arising from this Operating Permit and arising aut of any act, occurrence or omission occurring after the consummation of such sale,conveyance,transfer or assignment. The Permittor's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the Permittor under this Operating Permit. 27. ATTORNEYS' FEES AND COSTS:COLLECTION COSTS: If either party brings any action for relief against the other party,declaratory or otherwise,arising out of this Operating Permit, including any action by Permittor for the recovery of Rent or possession of the Premises,the prevailing party shall be entitled to reasonable attorneys'fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit,then any attorneys'fees for collection of past-due rent or enforcement of any right of Permittor or duty of Permittee hereunder shall entitle Permittor to recover, in addition to any late payment charge,any costs of collection or enforcement, including reasonable attorney's fees. For the purposes of this Section 27, attorney's fees shall include a reasonable rate for attorney's employed by the City. 28. EMERGENCY RESPONSE: Permittee must provide to the Airport Manager reasonabie access and response in times of emergency or urgency. The Permittee is wholly responsible to keep an up-to-date listing of aircraft types, identification,and owners on file and at the Airport Manager's office. 29. DEFINITIONS: As used in this Operating Permit,the following words and phrases, whether or not capitalized, shall have the following meanings: "Additional Rent" means any charges or monetary sums to be paid by Permittee to Permittor under the provisions of this Operating Permit other than Minimum Monthly Rent. "Authorized representatives" means any officer,agent,employee,independent contractor or invitee of either party. OPERATING PERMIT 17 City of Renton to Aviation Training Center AGENDA ITEM #7, q1 "Environmental Laws and Requirements" means any and all federai,state,locai laws, statutes,ardinances, rules,regulations andJor camman law relating ta environmental I protection,contamination,the release,generation, production,transport,treatment, pracessing, use, dispasa{,or s#ora�e of Nazardous Substances,worker health or safety or industrial hygiene,and the reguiations pramulgated by regulatory agencies pursuant ta these 1aws,and any appiicable federai,state,and/or local regu{atary agency-initiated orders, � requirements,obiigations, directive�, notices,approvals, licenses, or permits. "Expiration" means the coming ta an end of the time specified in the Operating Permit I as its duratian, inciuding any extension of the Term. I "Mazardous Substances" means any and all material,waste,chemical,campound, substance, mixture ar byproduct that is identified, defined, designated,iisted, restricted ar otherwise regulated under any Environmental I.aws and Requirements as a "hazardous constituent,"�"hazardous substance," "hazardous material," "extremely hazardous material," "hazardaus waste," "acutely hazardous waste," "hazardous waste constituent,""infectious waste," ""medical waste," '"binhazardous waste," "extremely hazardaus waste," "pollutant,'" "toxic pollutant" or"contaminant." The term "Hazardous Substances" includes,without ', limitation,any material or substance which is (ia hexavalent chromium;(iia pentachlorophenol; , {iii)volatile organic campounds; (iv} petroleum;(v�asbestos;(ui�designated as a "hazardous substance" pursuant to Sectian 311 of the Federal Water PaUutian Contral Act,33 U.S.C. § 1251 et seq. (33 U.S.C, § 1321?;{vii�defined as a "hazardous waste" pursuant to Section 1004 af the Federal Resource Conservation and Recovery Act,42 U,5.C. § 6901 et seq. {42 U.S,C. § 69Q3j; {viii�defined as a "hazardous substance" pursuant ta Section 101 af the Camprehensive Enviranmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C. §96Q1 et seq.{42 U.S.C, §9641�;or{ix}designated as a "hazardous substance" pursuant tc�the Washington Mode!Toxics Control Act, RCW 70,1050.Q1Q et seq. "Parties" rneans Perrr�ittcar and Pecmittee. "Person" mea�s one r�r more humar� beings,or legal entities or other arti#"scial persons, including without limitat'son,partnerships,carparations,trusts,estates,associations and any combination of human beings and legal entities. „Rent" means Minimum Monthly Rent,as adjusted from tirr�e to time under a Lease, and Additic�nal Rent. 30. GENERA�.PRQVISIt3NS: 30.1. Entire A�reement: This Qperati�g Permit sets forth the entire agreement of the parties as to the subject matter hereof and supersedes al! prior discussions and understandings between them.This{�perating Perrnit may nat be amended or rescinded in any manner exeept t3PERA"i`iNG PERMIT �$ City a#Renton to A�+iation Training Center � AGENDA ITEM #7. q) by an instrument in writing signed by a duly authorized officer or representative of each party hereto. In the event of a conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee,the terms of this Permit supersede. 30.2. EXEMPTiON OF PERMITTOR FROM LIABiLITY: Permittor or Permittor's agents shal! not be liable for injury to persons or to Permittee's business or loss of income therefram or for damage which may be sustained by the person,goods,wares, merchandise or property of Permittee,its authorized representatives,or any other person in or about the Premises,caused by or resulting from (a)fire,electricity,gas,water or rain which may leak or flow from or into any part of the Premises, (b)any defect in or the maintenance or use of the Premises,or any improvements,fixtures and appurtenances thereon, (c)the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d)the breakage, leakage, obstruction or other defects of the pipes,sprinklers,wires,appliances,plumbing, heating, ventilating or air conditioning or lighting�xtures of the Premises, (e)flooding of the Cedar River or other body of water,or from any other source whatsoever,whether within or without the Premises;or(f}any act or omission of any other tenant or occupant of the building in which the Premises are located,or their agents,servants,employees,or invitees, provided,that the foregoing exemption shall not apply to (osses to the extent caused by Permittor's or its agents', contractors', or employees' negligence or willful misconduct. 30.3. Governin�Law:This Operating Permit shal) 6e governed by,and construed and enforced in accordance with,the laws of the State of Washington. 30.4. Severabilitv: Should any of the provisions of this Operating Permit be found to be invalid, illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken and the remainder of this Operating Permit shall nonetheless remain in fulf force and effect unless striking such provision shall materially alter the intention of the parties. 30.5. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Operating Permit,the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. 30.6. Waiver: No waiver of any right under this Operating Permit shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Operating Permit. 30.7. Caqtions: Section captions contained in this Operating Permit are included for convenience only and form no part of the agreement between the parties. 30.8. Assi�nee as Permittee:The term "Permittee" sha11 be deemed to include the assignee where there is a full assignment of the Operating Permit. OPERATING PERMIT lg City of Renton to Aviation Training Center AGENDA ITEM #7, q) 30.9. Effectiveness: This Operating Permit shall not be binding or effective until properly executed and delivered by Permittor and Permittee. 30.10. Gender and Number: As used in this Operating Permit,fihe masculine shall inc{ude the feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall include the masculine and feminine,the singular shall include the plural and the plural shall include the singular, as the context may require. 30.11. Time of the Essence: Time is of the essence in the performance of all covenants and conditions in this Operating Permit for which time is a factor. 30.12. loint and Severa) Liabi{itv: If Permittee is camposed of more than one person or entity,then the obligations of all such persons and entities under this Operating Permit shall be joint and several. 30.13. No Recordation Without Consent of Permittor: Permittee shall not record this Operating Permit or any memorandum of this Operating Permit without Permittor's prior written consent. 30.14. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive, but shalt,wherever possible, be cumulative with all other remedies at law or in equity. 30.15. Corporate Authorifir: If Permittee is a torporation or limited liabiiity company, each individual executing this Operating Permit on behalf of said corporation or limited liability ' company represents and warrants that he is duly authorized ta execute and deliver this Operating Permit on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Operating Permit is binding upon said corporation or{imited liability company in accordance with its terms. 30.16. Addenda: The provisions of this Operating Permit shall be subject to those of any Addenda and Exhibits attached hereto. PERMITTEE: PERMITTOR: Aviation Training Center THE CITY OF RENTON a Washington corporation a Washington municipal corporation OPERATING PERMIT 20 City of Renton to Aviation Training Center AGENDA ITEM #7, q) . - �`� 1--�-"-�-�-� �re.�.. By /G1G...�ri�_� �. �..y��b�c-(l Denis Law its:Owner/President � Mayor Oate: n�"/a?��/�"� Date: . � ATTEST: BY lason Seth, City Clerk Date: Approved as to (egal form: Larry Warren,City Attorney STATE OF WASHINGTON ) :ss. COUNTY OF �,(1C1 ) � OPERATING PERMIT 21 City of Rentan to Aviation Training Center AGENDA /TEM #7, q) I certify that I know or have satisfactory evidence that ��r;t � ��»�p�,l � is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this �� day of l�1J q�5� ,201 5 . J — 11��c�I�� ,� _ �,__ , _ , � _ � [Signature�Notary] Notery Public Rf�"�`tOn� ��K,(� State ot Washinpton ANTHQNY J NORpELL [Print Name of.l�l�otary] My Appotntmeni Expires Mar 2�1,201 T � Notary Public in and for the Slt'a�te of Washington,residing at 5�'c�i��t_ W� Q,Sj1U� . My commission expires: MGrG� aN��Qt? , , STATE OF WASHINGTON ) :55. couNPr oF � I certify that I know or have satisfactory evidence that is the ' person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and ac n , k owledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of ,2D1 [Signature of Notary) [Print Name of Notary] Notary Public in and for the State of Washington,residing at . My commission expires: STATE OF WASHINGTON ) :ss. COUNTY OF ) OPERATING PERMIT 22 City of Renton to Aviation Training Center AGENDA ITEM #7, q) i certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of ,2p1 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington,residing at . My commission expires: STATE OF WASHINGTON ) :ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of ,201� [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington,residing at . My commission expires: EXHIBIT A Sublease Map and Legal Description OPERATlNG PERMIT 23 City of Renton to Aviation Training Center _ _ _ _ I AGEIVDA ITEM #7, q) I i i I i i i I i i I OPERATING PERMtT 24 � City of Renton tfl Aviation Training Center � I � � � AGENDA 1TEM #7. q) EXHIBIT A SUBSUBLEASE ACTREEi��Eh'T T�115 Sublease AQI'ZC111eI11 ('Sublease"), dated as of May 18, 2015, is made and entered into b}� and between Ace Aviation, Inc., a 14fashington coiporation ("Landlord") and Aviation T�raining Center, Inc., a 1�'ashington corporation(`Tenanf'). Landlord and "renant a�ree as folio��s: Section 1. Identi�cation. ].1 Premises. The premises «Ihidl are the subject of ihis Sublease (the `'Premises') are � portion of the ihicd (3�d) floor of the buildi�ig located at 289 East Perimeter Road, Renton, �`A, 9R057, �rhiclz portion thereof subject to this Sublease is identified by hea<<y biack outlining on the attached Exhibit A (eacept for the shared lobby, �vhich is identif`ied by hea��red outlining on the attached F,xhibit A ('`Lobby'')), together wltll all improvements located fhereon. 7'he Pren�ises consist of 2,694.5 usable square feet nat including the L.obby. The entire ��arcel af real property on tivhich the Premises are located is referred to herein as the "Property," and lhe building iu «hich the Premises are located is refe�7�ed to herein �s the "Building.'' Ii� addition to the oftice space, said T'enant ti��ill have access to 1 uncovered aircraft tie-do��n space large enougll to acconlmodate a Cessna 172 ar similar sized aircrait. (See Aircraft Storage Ayreement). 1? Term. Tlie Term of this Stiblease (the "Term") shall commence on the tater af(i)the date Landlord completes the repairs specified in paragraph I.10 below or (ii) the date of this Sublease and, subject to earlier termination or extension as provided for elsewhere in this Sublease, shall automaticaily e�pire on the last day of the sixtieth (60�h) fttll calendar month after the date on �vhich the Term commences. 1.3 Options to Extend Term. So long as this Lease has not been tenninated for any reason, the Tenant, shall have the right to extend the terni of this Lease for an additional term of (60) months beyond its original terni. Written notice that Tenant�vould like to exercise this option �vill need to be submitted to Landlord no later than (90)days prior to the expiration of original tenn. Rent, is subject to adjustment to current market rate at the time the eatended term begins and throttgh the duration of the extended term. 1f Tenant has different o�vnership at or before the option is e�ercised, the extension approval will be subject to Landlord approval of ne�� ow�ners. 1.4 Monthly� Rent and Other Char�es. (a) Monthlv Rent. 1,he monthl�� renl payable by Tenant pursuant to paragraph �.1 and Section 4 shall be $4,041.75, which consists of$18.00 per usable square foot of the Prernises per year: provided that the monthl}� rent for the first �ull calendar month of the Term shall be zero ($0). � AGENDA ITEM #7. q) A single tie-do��n space will be provided to Tenant at no additional cost. In the et�en tenant �vould like additional spats, the rate �vil( be $1 l0 per month, per spot. Rate is assuming a Cessna l 72 ar similarly sized aircraft. (b) Securitv Detaosit. The security deposit payable by Tenani pursuant to paragraph 4.6 shall be $5,838.09. (c) Tripie Net Expenses. The initial monthly payment by Tenant for its Proration Amoulit of Triple Net Expenses pursuant to paragraph 4.9 shall be $1,796.34, which consisis of $8.00 per usable square foot of the Premises per year. 1.5 Proration Arnount. Tenant's percentage of Triple Net Expenses, as described else�vhere in this Sublease, (the "Proration Amount") shall be eight and 3 teilths percent (83�o). Said percentage is equal to the ratio of the usable area of the Premises to the total usable area of the Buildi�lg. The Proration Amount shall be adjusted at�ily time the ratio af the rentable area of the Premises to the total rentable area of the Building changes. 1.6 1'enant ]�nprovement Allowance. The tenant improvement allowance payable by ' Landlord purs�iant to paragraph�.5 shall be $26,945.00. 1.7 Landlord's Address. I.,andlord's address for all purposes under this Sublease shall be: Mr. Kurt Boswell Ace Aviation, Inc. � 289 E. Perimeter Road Renton, WA 98057 1.8 Tenant's Address. 1'enant's address for all purposes under this Sublease shall be: Ms. Marie Campbell Aviation Training Center, Inc. 289 E. Perimeter Raad,Third Floor Renton, WA 98057 1.9 Pennitted Use. Tenant shall be permitted to use the Premises for the following purpose(s}: pilot training and other related services permitted by taw and approved under the airport's purposes of use. 1.10. Landlord Repairs. Prior to commencement of the Term Landlord shall make the alterations and repairs to the Premises set forth on the attached Exhibit B. Except as set forth on the attached Eahibit B, Landlord shali not be obligated to alter or repair the Premises or install, � repair or replace any fixtures or impravements in or about the Premises. l.l l. Si�na�e. 'fenant shall I1ave the right to instalt its identification signage on the interior �valls of the premises mentioned in Paragraph 1.1 and on the interior entry doors to the LEASG-ACE-ATC-PAGE 3 AGENDA 1TEM #7, q) Premises, provided that (i) such signage and installation shall be at Tenant's sole cost and e�pense, (ii) such signage shall comply �vith all applicable codes, rules a�id regulations, ;ii) Landlord shaIl have gi��en its prior �vritten consent to such signage, �Nhich consent shall not be unreasonable �rithlield, and (iv) upon termination of the Term, Tenant shall remove all such signage fi-om tlie Building and repair any damage to the Building fi�om said signage at its sole cost and expense. Tenant shall not be permitted to install any other signage on or about the Preinises �vithout direct written approval from the Landlord. Section 2. Sublease. 2.1 Subleasehold. Subject to the provisions of this Sublease, Landlord hereby subleases to Tenant and Tcnant hereby subleases from Landlord the Premises for the Tertn. 2.2 Common Areas and Facilities. Subject to the provisions of this Sublease, Landlord hereby grants to Tenant and Tenant's employees, customers and invitees a nonexclusive license to use, during the Term, in cammon with Landlord, other tenants of Landlord, customers of other tenants of Landlord and other persons designated by Landlord or otherwise so �ntitled, the conui�on areas and facilities funlished by Landlord ('`Common Areas") for use by the persons described above in this paragraph 2.2 (including, but not limited io, parking and traffic areas, sidewalks, landscaping, lighting facilities, signs adjacent to or near the Premises) for the piitposes for which such conlmon areas and facilities are fiimished by Landlord. 1n additi�n, Landlord hereby permits Tenant to use poi�tions of the I.obby as a reception area for Tenant, provided that(i) Tenant shall not obstruct others from accessing or using the Lobby, (ii) Landlord and its invitees shall be free to use and access the Lobby at all times, and (iii) Tenant shall be solely responsible for security af Tenant's fiuliiture, equipment and other items located in the Lobby. Any portion of tlze Lobby so used by Tenant shall constitute a portion of the Premises for all purposes under this Sublease. Section 3. Term. 3.1 Tern�. The Tern� shal I be for the period described in paragraph ].2. 3.2 End of the Term. Upon the expiration or termination of the Tenn,Tenant shall: (a) remove all personal property from the Prernises; (b} subject to the requirements of Section 8 hereinafter, if and as directed by Landlord, remove any or all of the fixtures, additions, alteratians, modifications or other improvements installed in or made to the Premises after the commencement of the Term by, through, at the request of, or on behalf of Tenant and restore the Premises as they exisied immediately prior to the making of the improvements so removed;and (c) surrender the Premises to Landlord in at least as good condition and state of repair as Tenant is required to keep and maintain them pursuant to this Sublease, reasonable wear and tear and damage by insured casualty excepted. �r�ASE-Acr--,��c-r�cE 3 AGENDA /TEM #7, q) If "Cenant fails to remove any improvements or restore the Premises as directed by� Landlord pursuant to (b) of this paragraph 3.2, Landlord may, at Tenant's sole risk and expense, perfonn such removal or restoration(by contract or other«�ise) by the most expeditious means available to Landlord. Tenant shall reimburse Landlord for al) costs and'expenses incurred by Landlord to accomplish such removal and restoration. Further, if Tenant fails to remove all persona] property from the Premises upon the expiration or termination of tlle Term, the same shall be deemed abandoned and Landlord shall be free to use or dispose of the same at its discretion, provided that Tenant shall reimburse landlord for any and all costs of such dispositian. 3.3 Holdin�Over. If Tenant remains in possession of all or any pari of the Premises after the expiration or tennination of the Term, Landlor� may at its option either (a) pursue any or all of the rights and remedies available to Landlord under this Sublease or otherwise by law for default tmder or breach of this Sublease, or (b) pe�7nit Tenai�t to remain in possession of the Premises as a tenant under the provisions of this Sublease; provided that such tenancy shall be from month to month only and shall nat be a renewal or extension of the Tenn; and provided fi�rther thak the Rent for eacll 1110111I1 Of SUCII lloldover period shall be the greater of (i) ane hundred fihy percent (150%) of the Rent payable undei• this Sublease for the last fi►11 calendar month of the Term or (ii) such arnount as Landlord designates in a written notice to Tenanf at least forty five (45)days prior to the commencement of such month. Section 4. Rent,Security Deposit,Taxes and Common Area Maintenance Charges. 4.1 Monthlv Rent. Tenant shall pay to Land(ord the applicable amount of rent specified in paragraph 1.4(a) on or before the first day of each calendar month of the Term, except that the monthiy rent for the second full calendar ii�onth of the Term shall be paid upon execution of this Sublease; provide� that such amount shall be prorated for any partial month of the Term based on a thirty (30) day month. Tenant shall make such payment to the order of Landlord in lawful money of the United States at the address set forth in paragraph 1.7 (or at such other place or payee as Landl�rd may designate in w7iting) without deduction,offset or prior notice or demand. 4.2 No Accord and Satisfaction. If Tenant pays, or L:andlord otherwise receives, a lesser amount than the full rent provided for under this Sublease, such payment or receipt shall not constitute or be construed other than as on account of the earliest rent due. Landlord may accept any check or payment in any amount without prejudice to Landlord's right to recover the balance of the rent or pursue any other right or remedy. No endorsement or statement on any check or payment or elsewhere shall constitute or be construed as an accord or satisfaction. Landlord, in its sole discretion, rnay apply any amount received from T'enant under this Sublease to any amount payable by Tenant under this Sublease or otlier��ise. 4.3 Late Char�es. Tenant hereby acknowledges that tate payment by Tenant to Landlord of rent or other sums due hereunder �vill cause Landlord to incur costs not contemplated by this Sublease, the exact amount oF which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed upon Landlord by terms af any mortgage or trust deed covering the Premises. Accordingty, if any LEASE-ACE-ATC-PAG[4 I I AGENDA 1TEM #7. q) instaIlment of rent or of a sum due from Tenant shall not be received by Landlord «�ithin five(5) days after the date due, Tenant shall pay to Landlord a late charge at the rate of five percent(5%) per month of such overdue amaunt for each month or portion thereof that the payment remains overdue. The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost that Landlord will incur by reason of the late pa}�ment by Tenant. Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and rentedies granted hereunder. 4.4 Additional Rent. Ail other amounts payable by Tenant to Landlord pursuant to this Sublease shall constitute additional rent. 4.5 Tenant Improvement Allo�vance. Landlord shall reimburse Tenant for its costs incurred in installing improvements in the Premises in the amount set forth in paragraph 1.6 (the "TI Allowance"). Landlord shall pay the TI Allo�vance to Tenant within thirty (30) days afler the later of(i)the date Tenant opens for business in the Premises, ar (ii)the date Tenant removes a{I liens and potential liens arising from improvements installed in the Premises by or througli Tenant and fi�rnishes Landlord with satisfactory evidence of such removal (including but not limited to evidence that all vendors, material suppliers and contractors who have fi�rnished Landlord pre-lien notices have been paid in full). If Landlord fails to pay the TI Allowance to Tenant in accordance with this paragraph 8.5, Tenant shall have the right to offset the amount of the TI Aliowance against the monthly rent nexi coming due until fiilly offset. 4.6. Security Deposit. On or before commencement of the Term, Tenant shall deposit with Landlord the security depasit specified in paragraph 1.4(b) as security for the faithfiil perfonnance by Tenant of all the tenns, covenants, and conditions of this Sublease to be kept and performed by Tenant during the Terni. If Tenant defaults with respect to any provision of this " Sublease, including, but not limited ta the provisions relating to the payment of rent, I,andlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount �vhich I,andlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion af said deposit is so used or applied,Tenant shall, within five(5) days aRer written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount, and Teilant's failure to do so shall be a material breach of this Sublease. Land(ord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit; Landlord's obligati�ns with respect to the security deposit are those of a debtor and not of a trustee. If Tenant shall fully and faiihfully perfornl every provision of this Sublease to be performed by it,the security deposit or any balance thereof sha(1 be returned to Tenant(or,at Landlord's option, to the last assignee of Tenant's interest hereunder) within thirt}� {30) days after expiration of the Tenn. In the event of termination of Landlord's interest in this Sublease, Landlord shall transfer said deposit to Landlord's successor in interest. LEASE-ACE-ATC-PAGE� AGENDA ITEM #7, q) 4.7 Taxes and Assessments. Tenant shall pay before delinquency atl taxes, assessments, - license fees and other charges or taxes that are leaied ar assessed against Tenant's leasehoid improvements, equipment, furniture, fixtures and personal properiy installed or located in or on the Premises, or in respect to Tenant's occupancy, use or possession of the Premises. ln addition, Tenant shall reimburse Landlord for Tenant's Proration Amount of all ad valorem real property taxes and assessments that are levied against the Property, for any period inchided within the Term (and excluding any such taxes or assessments levied for any period outside the Ter.m) ("Taxes and Assessments"j, as part of reirnbursement for Triple Net Expenses pursuant to paragraph 4.9. Taxes and Assessments shall include any leasehold taxes, husiness and occapation taxes and taxes or license fees upon or measured by the leasing of the Property or the rents or other income collected therefrom. Nothing contained in this Sublease shall require Tenant to pay, nor shall Taxes and t�ssessments include, any estate, inheritance, succession, capital levy, corparate franchise, transfer, capital gains or income tax of Landlord, penalties incun•ed due to Landlord's negligence or unwillingness to pay taxes when due. 4.8 Insurance Premiums. Tenant shatl reimburse to Landlard Tenant's Proration Amount of Landlord's cost of providing the insurance described in paragraph 11? during the Term ("Insurance Premiums"), as part of reimbursement for Triple Net Expenses pursuant to paragraph 4.9. 4.9 Triple Net Expenses. � 4.9.] Definition. As used herein, the term "Triple Net Expenses" shall inean: (i) Taxes and Assessments, as defined in paragraph 4.7; (ii) Insurance Premiums, as defined in paragraph 4.8; (iii) utility charges for the Common Areas and charges for utilities and services which are not separately metered to the Premises or other tenants' premises, as described in I paragraph 6.2; and (iv) all other expenses, costs and amounts of every kind and nature which i n of which occurs durin the Term in Landlord shall a durin an calendar ear an ort o g PY g Y Y YP connection with the management, repair, maintenance, replacement, insurance and operation of the Building or the Property, including, without limitation, any amounts paid for: (a) pennits, licenses and certificates necessary to operate and manage the Building or the Property, and costs of complying with oiller legal requirements, including, without limitation,the"ADA" (as defined in Paragraph 7.8), (b) supplies, materials, tools, equipment, floor care and cleaning, and other services for the Building and the Property, including rental, installment purchase and financing agreements therefor and interest thereunder, (c) accounting, legal, inspection, consulting and other services, (d) wages, salaries, bonuses, and other compensation and benefits for any manager, personnel and other parties engaged in the operation, maintenance or security of the Building or the Property, and employer's Social Security taxes, unemployment ta�ces or insurance, and any other ta�es which may be levied on such wages, salaries, compensation and benefits, data or payroll processing expenses relating thereto (if the manager or other personnel are located off-site and handle otl�er properties, the foregoing expenses shall be allocated appropriately between the Property and such other properties), (e) alarm monitoring and security service, trash removal, removal af ice and snow (and salting and sanding in corulection therewith), (fl appropriate reserves for operation of the Building and the Property and for covering uninsured portions, including deductible amounts, of casualty damage and general LEASE-ACE-ATC-PAC�E b AGENDA ITEM #7. q) liability claims relating to the Building or the Property, and (g) operation, maintenance, repair, installation, replacement, inspection, testing, painting, decorating and cleaning of the Common Areas, the Propei-ly's syste�ns and equipment, and the Building's gutters and do�vnspouts, roof flashings and roof. The foregoing provision is for definitional purposes only and shall not be construed to impose any obligation upon Landlord to incur suc11 expenses. Notwithstanding the foregoing, Triple Net Expenses shall not include: (1) interest and amortization an mortgages and other debt costs or ground Sublease payments, if any, except as provided herein; (Z) depreciation of buildings and other improvements; (3) improvements, repairs or alterations to spaces subleased to other tenants; (4) the cost of providing any service directly to and paid directly by, any subtenant; (5) costs of any items to the extent Landlord receives reimbursement from insurance proceeds or from a third party (such proceeds to be deducted from Triple Net Expenses in the year in which received); (6) management fees for the Property in excess of five percent (5%) of the amounts described in this paragraph 49.1(iv); and (7) capital expenditures, except those made primarily to reduce Triple Net Expenses, or to comply WIiIl any laws or atiler governmental requirements, or for repairs or replacemenis (as opposed to additions or new improvernents}. 4.9.2 Determi�lation and Pavment. Tenant shall pay Landloi•d, as additional rent, the Pi•oration Amount of the Triple Net Expenses paid or incurred by I,andlord during the Term. For the period conunencing �vitl� the commencement of the Tenn throttgh and including the first December of the Terin, Tenant shall make said payment by paying Landlord the amount set forth in paragraph 1.4(c) co�lcuirently with Tenant's regular monthly rental payment. Thereaf�ter said payment shall be determined and paid in accordance with the following procedure. Landlord shall exercise diligent effo��ls ta give to Tenant on or before the thirty first (315`) day of March of each calendar year of the Terni a statement of the Triple Net Expenses incui7ed during the previous calendar year, but failure by Landlord to give such statement by said date shall not constitute a waiver by Landlord of its right to collect such amount from Tenant. The Proration Amount of Triple Net Expenses set forth in said statement shall be divided into twelve (l2)equal monthly installments, and Tenant shall pay to Landlord an amount equal to one (1) such monthly installment concurrently with the regular monthly rental payments for the balance of that calendar year and thereafter until the next year's statement is rendered. If any such statement shows an increase in Triple Net Expenses over the Triple Net Expenses for the prior year (for such purpose the Triple Net Expenses for the first year{or partial year) of the Term shali be the amount which, w•hen multiplied by Tenant's Proration Amount and divided by twelve (12), yields the amount set forth in paragraph 1.4(c}), so that Tenant has underpaid Triple Net Expenses for that portion of the calendar year preceding Landlord's statement, then upon receipt of such statement from Landlord, Tenant shall pay a lump sum equal to the total amount so underpaid. If in any year Tenant's Proration Amount of T'riple Net Expenses is less than the preceding year, and Tenant has overpaid Triple Net Expenses for that portion of the calendar year preceding Landlord's statement, then upon receipt of Landlord's statement, the total amount of such overpayment shall be credited towards the next monthly rent falling due. When the final determination is made of Tenant's Proration Ainount of Triple Net Expenses for the }�ear in �vhich the Term terminates, T'enant shall immediately pay any increase due over Triple Net Expense charges paid and conversely any overpayment made in the event said expenses decrease LEASE-ACE-ATC-PAGG 7 AGENDA 1TEM #7, q) shall be immediately reimbursed b}� Landlard to Tenant through the date of such termination, regardless of the fact that Tenant ma}r already ha��e vacated the Premises prior to that time. 4.9.3. Audit Ri�hts. During reasonabie'business hours and upon at least thirty (�0) days prior «�ririen notice, Tenant, or Tenant's authorized agent, shall have the right, not more frequently than once in any calendar year, to examine and photocopy all of Landlord's (or Landlord's agent's) books and recards pertainin� to Triple Net Expenses. Any over-billing discovered by such audit shall he promptly reftulded to Tenani, and any under-billing discovered ' by such audit shall be prornptly paid by Tenant. In the event an overstatement of charges exceeds five percent {5%) af the sum previously billed to Tenant by Landlord, Landlord shall reimburse Tenant for a(I reasonable expenses of such audit. Landlord shall retain its books and records regarding Triple Net Expenses foi•a period of at least two (2) years following the final billing for the calendar year in question. Except in the case of fraud or as provided in the next-following sentence, Tenant shall have no right to examine or audit Landlord's books and records after the expiration of the two (2) year period described in the preceding sentence dEiring which Landlord is obligated to retain such books and records. Notwithstanding the foregoing, if during the course of a pennitted exarnination, a material, systematic error is discovered, then Tenant shall be entitled to any over-bilied amounts resultinb from such errar regardless of when such error accurred. Section 5. Use and Acceptance of Premises. 5.1 Permitted Business and Activities. Tenant shall use or pennit the use of the Premises only for the puipose identified in paragraph 1.9. Tenant shall not use or pennit the use of the Preniises for any other purpose without the priar written cansent of Landlord, which consent may be withheld or denied in Landlord's sole discretion. Landlord makes no (and Tenant acknowledges that Landlord has not made any) representation or warranty as to the suitability of the Preinises for the conduct of Tenant's business or activities. Tenant hereby waives any right to terminate this Sublease on the ground that the Premises cannot now or hereafter be used for such business or activities. 52 Prohibited Uses. Tenant shall not use or pernlit any use of the Premises that wil! in any way (i) conflict with any applicable law, statute, regulation, ordinance, rule, order or other requirement, now or hereafter in effect, of any governmental authority, (ii) cause or constitute any nuisance, noxious odors, unsafe condition or waste in or about the Property, (iii) cause or constitute any sound, vibration or e(ectrical disturbance outside the Pre�nises, or (iv) cause a cancellation, increase the prerniunis for or deductibles under (unless such premiums or deductibles are payable in full by Tenant pursuant to this Sublease), or otherwise adversely affect in a material way any fire, casualty, property, liability or other insurance covering the Property, the contents of the Premises, any business or activities cand�icted upon or from the Property or any accident, aet, error, omission, fault, negligence or strict liability occun•ing on or about the Property. 5.3 Acceptance of Premises. 1'enant's taking possession of the Premises shall conclusively estab(ish (i) that Tenant has visually examined the Premises, (ii) that the Premises I.EAS6-ACE-ATC-PAGE 8 AGENDA 1TEM #7. q) are at such time in good and satisfactory condition and state of repair, without��isible defect, and in compliance with this Sublease eacept to ihe ehtent specified in a written notice delivered by Tenant to Landlord within five (5) business days after Tenant takes possession of the Premises, (iii) Tenant's acceptance of the Premises as is except to the extent set forth in p�ragraph 1.10, and (iv) that Landlord has fiilly satisfied any obligations of Landlord to install any fixture or make any addition, alteration, modification or other improvement to the Premises except to the extent set forth in paragraph 1.10. S.4 Compliance with Laws. Tenant shall not use the Premises or permit an}�thing to be done in or about the Premises which will in any way conflict with any law, stahite, regulation, ' ordinance or other requirement of any governmental authority now in force or �vhich may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly con�ply with all laws, staiutes, regulations, orders, rules, ordinances and other requirements of any governmental authority no�v in force or tivhich may hereafter be in force, and with t11e reqt�ireinents of any board of fire insurance tulderwriters or similar bodies now or hereafter constituted relating to, or affecting the condition, use or occupaiicy of, the Premises, excluding structural changes not related to or affected by Tenant's iinprovemeuts or acts. The judgment of any court of competent jurisdiction or the adnlission of Tenant in any action invalving Tenant; �vhether Landlord be a pai-cy thereto or not, that Tenant has violated any law, statute, regulation, order, rule, ordinance or tlle requirement af airy governmental authority shall be conclusive of that fact as between Landlord and Tenant. Tenant warrants that it is, and that at all times during the Term it shall be, properly authorized, licensed, ezperienced, equipped, organized and financed to perform this Sublease and conduct its business and activities upon the Premises. 5.5 Auctions. Tenant shall not conduct or pe�7nit to be conducted in, an or from the Premises any auction or any fire, "going out of business," "close out," bankruptcy or similar sa(e, whether said auction or sale be voluntary, involuntary, pursuant to an assignment for the benefit of creditors or pursuant to any bankruptcy or other insolvency proceeding, without Landlord's prior written consent, �vhich consent I,andlord may grant or withhold in its sole discretion. Section 6. Utilities and Sen�ices. 6.1 If Separatelv Metered or Capable of Bein� SeQre�ated. Tenant shall furnish, and pay before delinquency all charges for, all water, gas, electric, communieations, sanitation, sewage, waste disposal, garbage collection and other utilities and services for the Premises which are separately metered for the Premises or the charges for which are otherwise capable of being segregated and billed to the occupant of the Premises. To the extent such separate meters are submeters installed by Landlord or Tenant, Tenant shall pay for the subject utilities at the same rates as Landlord pays therefor, and shall pay the applicable amounts to Landlord. Tenant shall be permitted to install and activate separate submeters for the Premises at Tenant's sole expense. In the event that the premises are not the sole propert} being inetered, the appropriate pro-rata share (2,694.5 sq ft) of that metered area will be allocated to the Tenant far payment. 6.2 If Not Separately Metered. Tenant shall reimburse Landlord,as paR of paying Triple Net Expenses in accordance with paragraph 4.9, for the Proration Amount of all costs incurred L6ASE-ACE-ATC-PAGE 9 AGENDA ITEM #7, q) (a) in funiishing utilities or services to the Building �vhich are not separately metered to the Premises or other subtenant premises. or (b) in fiirnishing utilities to the Common Areas. Landlord shall not be liable under any circumstances for a loss of or injury to persons or propert}�, ho�vever occurring, through or in connection «ith or incidental to faiture to furnish any utility. 6.3 Canacitv. Tena�?t shall not install any equipment or otherwise use the Premises in any manner that exceeds or overloads the capacity of the facilities furnishing utilities or services for the Premises. Section 7. Maintenance and Repair. 7.1 Maintenance and Repairs Bv Landlnrd. Throughout the Term Landlord shall maintain (i) the roof of the Premises in a ��ratertight condition, (ii) the exterior walls and fotmdation of the Premises in good condition and state of repair, (iii) the Cammon Areas, including the parking lot, parking lot lighting and landscaping for the Property in good condition, and (iv) the heating, ventilating and air conditioning system of the Premises in good operating condition. Tenant shall reimburse Lancllord for such maintenance in accordance with paragraph 4.9 of this Sublease; provided tlzat Tenant shall reimburse Landlord, within thirt��(30) days of the date I.andlord's invoice therefor, for the fi�ll cost of any such maintenance �vith respect to damages caused by negligent or willFul acts or omissions of Tenant or its invitees or agents. 7.2 Maintenance bv Tenani. Other than with respect to maintenance items to be performed by Landlord, as set forth in paragraph 7.l, Tenant shall maintain the Premises and all ' fixtures and improvements in or ahoiit the Premises (i) in a neat, clean, sanitary, safe and good d c ndition and state of re air as the are now condition and state of repa�r, (u} �il at least as goo o p y in (or may hereafier be put}, reasonable wear and tear and damage by insured casualty excepted, and (iii) in accordance with the standards of comparable commercial facilities in the Renton; Washington area. Tenant shall promptly replace all doors and windows of the Premises that may become cracked or broken. 7.3 Repairs bv Tenant. Except as provided for in paragraph 7.1, in the event of any damage to or destruction of all or any part of the Premises or any fixtures or improvements in or about the Premises, Tenant shall repair, replace or otherwise restore the same to at least as good condition and state of repair as existed immediately prior to the occurrence of such damage or destruction. Without limiting the generality of the foregoing, Tenant shall promptly repair any damage to the Premises or any fixtures or improvements in or about the Premises resulting from the installation, modification, use or removal of any personal property, fixtures or improvements in or about the Premises. � 7.4 Repairs by Landlord. Promptly upon execution of this Sublease, Landlord shall perform such alterations, repairs or replacements ta the Premises, if any, as are described in paragraph 1.10. 7.5 Certain Insured Casualties. In the event the Premises are damaged or destroyed by any casualty which is covered under fire and allied perils insurance furnished by Landlord , L.EASE-AC[-ATC-PAGE 10 � I AGENDA ITEM #7, q) pursuant to this Sublease, then Landlord shall restore the Premises, provided insurance proceeds are avaitable to pay one hundred percent (100%) of the cost of restoration or Tenant agrees in ��riting to pay all costs of restaration in eacess of available insurance proceeds and furnishes evidence reasonably acceptable to Landlord of T'enant's ability� to pay such costs. In such event, this Sublease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the monthly Rent while such restoration takes place; such proportionate reduction shall be based upon the extent (if any) to which the damage or destruction and restoration efforis interfere with Tenant's business or activities upon the Premises. 7.6 Certain C?ther Casualties. In the event the Premises are damaged or destroyed by a casualty not covered by insurance, ar if the available insurance proceeds are less thaii one hundred percent (100%) of the cost of restoration and Tenant has not agreed in writing to pay all costs of restoration in excess of available insurance proceeds and furnished evidenee reasonably acceptable to Landlord of its ability to pay such costs, then Landlord shall have the option to either: (a) restare the Pi•emises, in which event this Sublease shall continue in ful( force and effect, but the Rent shall be propoi-tionately reduced in the manner set forth in paragraph 7.5; or (b) give notice to Tenai�t, at any time within sixty (60) days after the occurrence of such damage or destruction, terminating this Sublease as of a date specified in such notice; which date shall be not less than thirty (30) days nor more than sixty (6Q) days after giving such notice. If Landlord elects to restore the Premises and the Premises are not fully restored within six (6) m.onths after the occurrenee of the damage or destruction, Tenant may give notice to Landlord, at any time after the expiration of such six (6) month period, terminating this Sublease thiriy (30) days after Landlord's receipt of such notice if the Premises are not fully restored at the end of such thirty (30) day period. If Landlord elects to terminate this Sublease in accordance with this paragraph 7.6, this Sublease shall terminate and the monthly Rent,proportionately reduced based upon the extent (if any} to which the damage or destruction interferes with Tenant's business or activities upon the Premises, shall be paid to the date of such termination. 7.7 Casualtv Near End of the Term. Not�vithsta�iding any other provision of this Section 7 to the contrary, Landlord shall not have any obligation whatsoever to repair .or restore the Premises when the damage or destniction results from any casualty occurring during the last six (6) months of the 7'erm (including any e�.iension thereo fl. In such event, Tenant may at its option terminate this Sublease as to any portiun of the Premises rendered untenantable by such casualty by giving Landlord at least thirty (30) days' advance written notice thereof. In the event of such termination, the monthiy Rent shall be proportionately reduced based upon the extent (if any) to which the damage or destruction interferes with Tenant's business or activities upon the Premises. LEASE-ACE-ATC-PAGE I 1 AGENDA ITEM #7, q) ' 7.8 Americans With Disabilities Act. The parties aclaiowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et se��.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA") establish requirements for business operations, accessibility and barrier removal, and that such req2iirements may or may not apply to the Premises and Building depending on, among oiher things: {i) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (ii) whether such requirements, are "readily achievable", and (iii) whether a given alteration affects a "primary function area" or triggers "path of travel"requirements. The parties hereby agree that: (i)Landlord shall be responsible for ADA Title III compliance in the Common Areas, except as provided below, (ii) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Ieasehold improvements or other work to be perforrned in the Premises under or in connection with this Sublease,and (iii) I,andlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title II1 "path of travel" requirements triggered by alterations in the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tena�t's emplayees. 7.9 Landlord's Obli�ations. Eacept as otherwise specifically pcovided for in this Section 7, Landlord shall not be obligated to altcr, maintain, repair, replace or other�vise restore the Prenlises or any fixtures or irnprovements in or about the Premises. Section 8. Fixtures,Additions, Alterations, Modit"ications and Othe�•Improvetnents. 8.1 Bv Landlord. Promptly upon execution of this Sublease, Landlord shall install, repair or replace such fixtures or improvernents in or about the Premises, if any, as are described in paragraph l.l�. Except as othewvise specifically provided for in paragraph 1.10, Landlord shall not be obligated to install any fixture or make any addition, alteration, modification or other improvement to the Premises. 8.2 Bv Tenant. Landlord hereby approves of Tenant installing the tenant improvements described on the attached Exhibit C. Tenant shall not make any structural or exterior addition, or any other alteration, modification or other improvement to the Premises (collectively referred to as "improvements") withaut Landlord's prior tivritten consent, which shall not be unreasonably withheld. If Landlord consents to any such improvement, such consent may be conditioned u�on requirements relating to the quality, appearance and other characteristi�s of the improvement,the manner in which the improvement is to be performed, the person or entity that is to perform the improvement, the schedule and times for performance of the improvement, Tenant's obtaining all applicable permits at Tenant's sole cost, the removal or surrender of the improvement at the expiration or termination of the Temi and any other matters reasonably deemed pertinent by Landlord. 8.3 Si na e. Landlord hereby consents to Tenant's installing on the Building the signage that is described in paragraph 1.11. Tenant shall not install any other signage on the Building or the Property without Landlord's prior w7itten consent. LE-ASE-ACE-ATC-PAG[ 12 AGENDA ITEM #7, q) 8.4 Ownership. All fixtures, additions, alterations, modifications or other impravements installed in ar made to the Premises during the Tecm, or by, through, at the request of or on behalf of Tenant, shall automaticall5�become the property of Landlord when so installed or made, pro��ided, however, that any personal property or trade fixtures so installed or made shall be and remain the propert}� of Tenant tulless and until sut�rendered to Landlord upon the expiration or termination of the Tern�. Tenant shall promptly take such action (including, bt�t not limited to, the execution, acknpwledgment and delivery of bills of sale, releases and other documents) as may be reqitested by Landlord to effectuate and evidence the awnership af such property b}� Landlord. Section 9. Liens and �ncumbrances. 9.1 Arisin� 4ut of Tenant's Obli�ations. Tenant shalI keep the Premises free from liens and encumbrances arising out af or in connection with labor, materials, goods, services or other items furnislied, wark perfotmed ar obligations incurred by, through, at the request of ar on belialf of Tenant. If a lien shall ai any tinle be filed, Tenant shall either cause the same to be discharged of record within twenty (20) days, or if Tenant, in Tenant's discretion and in good faith, determines that such lien sliall be contested, Tenant shall furnish such securit}� as may be reasonabl�- necessary, in Landlord's discretion, ta (i} prevent any foreclosure praceedings against the Premises during the pendenc�� of suct� contest, ar (ii) cause ihe title insurance company of Landlord's choosing to reinove such lien as a matter affecting title to the Premises. If any such lien or encumbrance is not released of record within twenty (20) days after the recordation thereof or, alternatively, if Tenant shall fail to fi�rnish security as provided in this paragraph 9.1, Landlord may, at Tenant's expense, secure such release by payment. posting of a bond or any other means available to Landlord. Tenant shall re�mburse Landlord for all costs and expenses (including, but not limited to, attorneys' fees) incurred by Landlord to secure such release, and shall otherwise indemnify Landlord from any damages arising from such lien. 9.2 Notices. Tenant shall give Landlord at least twa (2) days' advance written notice of the ftirnishing of any labor, materials, goods, services or other items, the performance of any work or the incurrence of any obligations by, through, at the request of or on behalf of Tenant that may give rise to any mechanics', materialmen's or ather lien or encunibrance affecting the Premises. Landlord may at any time post and keep posted on the Premises any notices for the protection of the Premises, Lan3lord and any other person or entity having any i�terest in such property from any such liens or encumbrances. Section 10, Entry by Landlord. Landlord reserves and shall have the right to enter the Premises at all reasonable times during nornial business hours to inspect the Premises upon 24 l�u• K7itten notice to tenant, to show them to any purchaser or halder of any mortgage, deed of trust or other security instrument (a '`Mortgagee") or any prospective purchaser or Mortgagee, and to exercise any rights or remedies afforded to Landlord under this Sublease or by iaw or for any other lawful purpose not inconsistent with the provisions of this Sublease. Landlord may retain and, upon Landlord's request, Tenant shall provide Landlord witl� keys that unlock all of the doors in or about the t.E ASL'-ACE-ATC-PACE I 3 AGENDA ITEM #7. q) Premises (excluding Tenant's vaults and safes). ;`enant shall not change any locks on any such doors withaut Landlord's prior written consent. If Tenant is not present to open and permit entry into the Premises �vhen such entry is necessar}� due to an emergency, Landlord may enter without prior notice by a master key or any other means available to Landlord and any such entry b}� Landlord shall nat in any event constitute or be construed as a forcible or unlawful entry into, or detainer of. the Premises or an e�riction of Tenant. Section 1l. Insurance and Indemnity. 11 J Tenant's Insurance. Tenant shall maintain in full force and effect throughout the Term the following insurance coverages: (a) Propertv Insurance. Fire and allied perils insurance insuring all personal property (including fixtures, improvements, and im�entory) of"fenant on or abvut the Premises in an amount equal to the full replacement value thereof, plus sueh additional amount as may be necessary to comply with building codes in effect at time of loss. Such insurance shall include (but shall not be limited to) the perils of fire, extended coverage, vandalism and malicious mischief, and such broadened perils as are com-entionally available from the insurance industry as a part of what is sonietimes termed "package policy." Such insurance shall name Tenant as the sole loss payee on such policy and reqt�ire not less that thirty(30) days' notice to Landlord of material modification, alteration, cancellation, or nonrenewal. (b) Liabilitv Insurance. General liability insurance covering all claims arising out of accidents, injury (including death)to aily person or damage to any property occurring in or about the Premises or in coruiectian wiih the possession, use or occupancy of the Premises, with limits of not less than Two Million Dollars ($2,000,000)per occurrence and Five Million Dollars ($5,400,000) aggregate combined bodily injury (inciuding death) and damage to property. Such general liability insurance shall be endorsed as additional insureds "Ace Aviation, Inc., its officers, directors and related entities, and persons or entities for which they are responsible." (c) Workers' compensation insurance as required by law. "I'he requirements of this Sublease as to insurance to be maintained by Tenant shall not in any �vay limit or qualify any of the liabilities or obligations assumed by or imposed upon Tenant under or by reason of this Sublease. If "fenant fails to procure and maintain such insurance, Landlord may do so at Tenant's expense. 11.2 Tenant's Insurance Policies. All insurance required by paragraph 11.] shall be placed with such insurers and under such forn�s of policies as may be reasonably acceptable to Landlord.All policies for such insurance shall: (a) name insureds and include the endorsements described in paragraph 1 l.l; and (b) be placed in property/casualt}r insurance companies which have a most recent rating given by Best's Key Rating Uuide of at least A (Excellent) or VII or above or in such other LF:ASI�-ACE-ATC-PAGE 14 ' AGENDA 1TEM #7, q) companies as Landlord may appro��e, �vhich approval shall not be unreasonably �vithheld or delayed. Teuant shall ensure that any policies of insurance it carries as insurance covering property shall include perniission from the insurance compan}� to permit Tenant and Landlord to �vaive and release their"rights against each other as respects insured property." Tenant shall also ensure that policies of insurance it carries as insurance covering liability claims shall include a "cross liability" endorsement or provision which affords coverage in the event one insured should initiate a liability action against another insured, both as insureds under the insurance of the Tenant. � 11,3 Cvidence of Insurance. Tenant shall prompt[y deliver to Landlord certificates of insurance and such other e��idence and assurance of the insurance and policies described i.n paragraphs l l.1 and 11.? (such as copies of tlle policies) as Landlord may request. 1 l.4 Landlord as Trustee of Proceeds. Landlord shall be the trustee of insurance proceeds paid with respect to property of Landlord insured by Tenant pursuant to this Sublease. Subject to exercise of other rights under this Sublease by Landlord, such proceeds shall be used for repair of the Premises for damage resulting from a casualty insured against pursuant to this Section 11, provided that (i) Tenant is not lhen in default under this Sublease, and (ii) 'I'enant promptly commences the repairs, replacements and restorations, if any, required of Tenant pursuant to this Sublease as a result of the lass giving rise to such proceeds in the manner reasonably specified in advance by Landlord. If Tenant fails to satisfactorily complete such repairs, replacements and restorations, La��dlord may apply such proceeds against any amounts payable on account of Landlord's performance thereof pursua�tt to this Sublease. 11.5 Landlord's lnsurance. During the Term, Landlord shall maintain such fire, casualty and other insurance for the Building and the Property as Landlord, in its sole discretion, sees fit. Tenant shall reimburse Landlord for the Proratian Amount of Landlord's cost for maintaining such insurance pursuant to paragraph 4.9. 11.6 Indemnity. Tenant releases and shall defend, indemnify and hold harmless Landlord and its affiliates, Landlord's and its affiliates' successors and assigns and the respective officers, directors, employees, agents and representatives of I.andlord, its affiliates and Landlord's and its affiliates' successors and assigns (the'`Indemnitees") from and against any and all claims, losses, harm, costs, liabilities, damages and expenses (including, but not limited to attorneys' fees} arising, whether before or after the expiration or termination of the Term, out of or in connection with: (a) any accident or injury (includiilg death) to any persan or damage to any praperty (including the Premises) ar environment occurring in or about the Premises or in connection with the possessien, use or occupancy of the Premises during the Term or pursuant to this Sublease; LEASE- AC[-ATC-PAGL 1 i � I -- - - -- — I AGENDA /TEM #7. q) {b} any act, error, amissian, fault, negligeilce, strict liability ar product liability af T�t�ant, any of Tenant's suppliers nr contractars af an}r tier, the respectitre successars or assi�ns c�f Tel�ant ar at�}� of Te�zant's siippliers or contractors of an}r tier, the directors, officers, members, managers, partners, awners, errtployees, agents, representatives, customers, licensees or in�ritees af an}� of the foregoin� or an}=one ac�ing on Tenant's �ehalf in connection with this Sublease or Tenant's business; (c}tl�e cond�lct ar it�terr«ption af at�y btzsiness or activity in or abaut the Prernises; or (d}any°breacl� o��c��iolatio�7 by Tenant of tliis Sublease. Withoiit lin�iting the generalit}� of the faregoing, in connection witli any action ta enfarce the provisions of this paragr�ph 1 l.b (�, as distingt�ished froni any action against Tenant by its �n�ployees), Tenant t�ereb}1 waives any in�m�lnity, defense ar praTectipn that may be affarded by warkers' compensation, irrdustria] insura�zce or similar laws (it�cluding, b��f nat limited to, the Wasl�i�i�ton Indtjstzial Insurance Act, Title S I of the Revised Cade af Washin�ton}. Not�vitl�standing ihe foregoing, Tenant shall not be rec�t�ired to so defet�td, indein�i'rfy or i�ald llarn�less any of the Indemnitees from an}j claim, Ioss, harm, cast, liabi4ity or expense acising aut of any i�ljury (i��ciuding deatl�} ta a:�y pe��satl ar damage to any property io the exte��t az�d in the percenta�e the same is causec!by or•results fi•om t11e negligence of s�ich Indemnitee, 11.7 Assuin�rtian at�d Release. Tezlant, as a tnateriat part of #he consideration #o Latzdlord. lxerehy ass�in7es all risk of damage to property or injury (inclt�ding death)to persons iz�, iepon or abo�.it the Pretnises, frotn any cause other than Landlord's gross neg]igence�, and "Cenant hereby waives and reteases aIl clainis in respect thereaf against the Indemnitees. The Endernnitees shal] not be liable far and are hereby rel¢ased from any darnage to property entrusted ta their en�playees or agents, nor far loss or damage to any property by theft or a#herwise, nnr for any injuty {including death) or damage to persans or property resulting frorn �re, explc�sian, falling items, steam, gas, electricity, water ar rain which niay ]eak from any part of the Premises or the Property, or frorn tlle pipes, appliances ar plumbing �vorks therein or from the roof, street ar subsurface or from any other place, unless and to the extent prorimately caused by the gross negligence of Landlord, its agents, servants or employees. The Indemnitees shall not be tiable far interference with any intangibte right of ar the business of Tenant nor sha11 the be liahie for z y any latent defect in the Pre�nises, the Buildin� or the Property. Tenant shall give prompt natice icr Landlord in case of damage or accident in ar defec#s ta the Premises, ihe Building or the Property. � Sectian 12. Condemnation. I2.I RiQht to Termiz�ate. If atl ar an} part af the Premises shall be taken ar appropriated � for public ar quasi-public use b}� right af eminent domain {��ith or tivithout litigatian) or transfer in liea thereof, Landlard and Tenant shall each have the right, exercisabie within thirt 30 da s Yt ) Y after receipt of notice gf such taking or appropriation, to terminate this Strblease as af the date I possessian is taken ar appropriated by the cc�nden�ning authority; provided, however, that Tenant L[iAS�-ACE-ATC-PAG[ l6 — — - - � AGENDA ITEM #7. q) ma}� so terminate this Sublease onl}� if such taking or appropriation shall be of such an extent and nature so as to substantially interFere�vith Tenant's business and activities upon the Premises. 12.2 A��ard. No a�vard for any partial or entire tal:ing or appropriation of the Premises shall be apportioned between Landlord and Tenant. Tenant shall cooperate with respect to any such taking or appropriation so that Landlord may receive the maximum award to which it is entitled. The full proceeds accruing or awarded as a result of any taking or apprapriation affecting the Premises shall imire to the e�clusive benefit of and belong entirely to Landlord. Tenant assigns to Landlord any and all rights that Tenant may have in any such proceeds and award; provided, however, that nothing contained herein shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlard any award made to Tenant for the taking or appropriation of personal property ar trade fixtures belonging to Tenant, for the interruption of or damage to Tenant's business or activities or for Tenant's unamoriized cost of leasehold improvements. 12.3 Abatement of ihe Reni. If any taking or appropriation of the Premises does not � result in a terrnination of this Sublease, Tenant shall be entitled to a proportionate reduction in the monthly rent based upon the e�:tent (if any) to which such taking or appropriation interferes with Tenant's business or activities upon the Premises. 12.4 Temporarv Takin�. Na temporary taking or appropriation of the Premises, or of Tenant's rights therein or under this Sublease, shall give any right to terminate this Sublease or give Tenant any righi to any abatement of the rent. Any award made to Tenant by reason of any such temporary taking or appropriation for a period within the Term shall inure to the exclusive benefit of and belong eniirely to Tenant. . Section 13. Assignment and Subletting by Tenant. 13.1 Landlord's Consent ReQuired. Tenant shall not transfer, mortgage, pledge, hypothecate, encumber or otherwise assign this Sublease or any interest therein, and shall not sublet or share all or any part of the Premises (volttntarily, involuntarily or by operation of law) �vithout the prior written consent of Landlord, and any attempt to do so without such consent shall be voicl and shall constitute default under and breach of this Sublease. Transfer of *_he controlling interest in Tenant shall constitute a transfer within the meaning of the preceding sentence. Landlord may condition its consent en any reasonable factor which it cons�ders appropriate, including, but not limited ta, (i} Landlord's abtaining the right to receive a portion of the rent paid pursuant to a sublease and(ii)the effect��vhich such a sublease or assignment would have on the Building or the business plans of Landlord. In addition, Landlord shall have the right to recapture the poriion of the Premises that Tenant is proposing to assign, sublet or otherwise transfer. If Landlord exercises its right to recapture, this Sublease shall automatically be amended (�r tern�inated if the entire Premises is being assigned or sublet) to delete the applicable portion of the Premises effective on the proposed efFective date of the Transfer, although Landlord may require Tenant to execute a reasonable amendment or other document reflecting such reduction or termination. � L[A5G-ACE-ATC-PAGE 17 AGENDA ITEM #7, q) 13.2 No Release of Tenant. No assignment or subletting, and no consent of Landlord to any assignment or subletting, by Tenant or Tenant's tenants or assignees of any tier shall relieve Tenant of any obligation to be perfonned by Tenant under this Sublease, ��hether befare or after such consent, assignment or subletting. The consent of Landlord to any assignment or subletting shall not relie��e the obligation to obtain Landlord's express written consent to any other assignment or subletting. The acceptance of the rent by Landlord frorr. any person or entity other than Tenant shall not be deemed to be a �vaiver b}� Landlord of any provision of this Subiease or to be consent to any assignment or subletting. Any assignment ar subletting by Tenant or Tenant's tenants or assignees of any tier without the prior written consent of Landlord shall, at Landlord's option, be void. 13.3 Attorneys' Fees. If Landlord shall consent to a sublease or assignment under this Section 13, Tenant shall reimburse the reasonable expenses (including, but not limited to, attorneys' fees} incurred by Landlord to enforce the tenns set forth. Section 14. Subordination and Estoppel Certificates. � 14.1 Stibordination. This Sublease, at Landlord's option, shall be subject a��d subordinate to any and aIl niorlgages, deeds of trust or other security instrumeuts (hereinafter "Mortgages") and graund Subleases now or hereafter affecting the Premises or Landlord's interest or estate in the Premises; provided that the Mortgagee under such Mortgage or the lessor under such ground Sublease, as the case may be, shall agree to recognize Tenant's subleasel�old interest so long as Tenant is not in default under or in breach of this Sublease. Tenant further agrees that any such Mortgagee or ground lessor shall have the right to cure any default under or breach of t:lis Sublease by Landlord within thirty (30) days after such Morigagee's or ground lessor's receipt of written notice thereof or, if the nature of such breach or default is such that the sa�ne caru�ot reasonably be cured within such thirty (30) day period, such longer period as may reasonably be required to commence and diligently prosecute the same to comp!etion. If any Mortgagee or ground lessor shall elect to have this Sublease prior to its Mortgage or ground Sublease,and shall give written notice thereof to Tenant, this Sublease shall be deemed prior to such Mortgage or ground Sublease, �vhether this Sublease is dated prior or subsequent to tlie date of said Mortgage or ground Sublease or the date of the recording thereof. 14.2 Transfer of Landlord's Interest and Release. In the event of any sale or other transfer of the Property or the Building (other than a Mortgage),Landlord shall be retieved from and after the date of such transfer af all abligations and liabilities of Landlord under this Sublease. Upon such assurnption, Tenant shall attorn to and recognize such transferee as Landlord under this Sublease. Tenant hereby consents to any such assignment or transfer. The liability of Landlord to Tenant for any default by Landlord under this Stiblease or arising in connection herewith or with I.andlord's operation, management, leasing, repair, renovation, alteration, or any other matter relating to the Building or the Premises, shall be limited to the interest af Landlord in the Building (and rental proceeds). Tenant agrees to look solely to Landlord's interest in the Building {and rental proceeds) for the recovery of any judgment against Landlord, and Landlurd shall not be personalty liable for any such judgmenl or deficiency after eaecution thereon. Under LEASE-ACE•ATC-PAGE 18 AGENDA ITEM #7. q) no circumstances shall any present or fi�ture officer, director or affiliate of Landlard have any iiability for the perfonnance of Landlard's obligations under this St�blease. 143 Estopnel Certificate. Tenant shall fi�om time to time upon not less than ten (10)days' prior written notice from Landlord, execute, acl:notivledge and deliver to Landlord or its designee a statement in «�riting acknowledging, among other things: (i) the date this Sublease was � executed and the date it expires; (ii) the date Tenant entered into accupancy of the Premises; (iii) that Tenant is paying rent, the amount of such rent and the date to which such rent has been paid; and certifj�ing: (iv) that this Sublease is in full force and effect and has not been assigned, modified, supplemented or amended in any �Jay(or specifying the date of agreement so affecting this Sublease); (v)that this Sublease represents the entire agreement between the parties as to this leasing {or specifying any amendment or addition hereto); (vi) that all conditions under this Sublease to be performed by Land[ord have been satisfied (or specifying such conditions as have not been satisfied); (vii) that on the date thereof there are no existing defenses or offsets which Tenant has against the enforcement of this Sublease by Landlord (or specifying such defenses or offsets); (viii) that there are not, to Tenant's knowledge, any uncured defaults under or breaches of this Sublease by Landlord (or specifying such defaults and breaches if any are claimed); (i�) and that no rent has been paid more than one month in advance (or specifying such rent as has been paid more that�one month in advance). If Tenant fails to deliver such statement within such ten (10) day period,Tenant shall (i) be deemed to have given such statement and shall be deemed to have admitted the accuracy of any related statement inade by Landlord, and (ii) shall pay Landlord a penalty of five hundred dollars $500.00 for each day commencing on the eleventh (11`h) day and continuing until Tenant delivers such statemeut to Landlord_ It is intended that any such statement may be relied upon by a prospective purchaser of Landlord's interest or a mortgagee of La�idlord's interest or assignee of any mortgage upon Landlord's interest in the Premises. � Section 1�. Default; Remedies. l 5.1 Material Default or Breach bv Tenant. The occurrence of any of the following shall constitute a material default and breach of this Subiease by Tenant: (a) any failure by Tenant to pay the rent or any other amounts required to be paid under this Sublease, where such failure continues for five (5) business days after written notice thereof by Iaandlord to Tenant; (b) any failure by Tenant to perform any other obligation of Tenant under this Sublease, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided that if the nature of the default or breach is such that the same cannot reasonably be cured within such thirty (30) day period, then Tenant shall not be in material default or breach if Tenant shall within such period commeace such cure and thereafter diiigently prosecute the same to completion; (c) the making by 'Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a LEASf- -ACE-ATC-f'AG[ 19 AGENDA ITEM #7. q) banknipt or of a petition far reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixt}� (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Sublease, where possession is not restored to Tenant �vithin thiriy (30) da}�s; or the attaclunent, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in tnis Sublease, �vhere such seizure is not discharged �vithin thirty (30) days; (d) the Premises remain unoccupied or unattended for n�ore than fifteen (15) consecutive days (other than a temporary vacancy of a portion of the Premises when the Rent is current) or Tenant otherwise abandons the Premises; or (e) the occurrence of(i) two (2) or mare defaults in the paymeni of rent or other charges which would allow Landlord to issue a notice of default in any twelve (12)month period, or (ii) three (3) or more nonmonetary defaults under this Sublease which would allow Landlord to issue a notice of defauli in any twelve (12} month period. 15.2 Remedies for Materia! DeFault or Breach bv Tenant. ln the event of any such material default or breach by Tenant. Landlord may�: (a) re-enter and take possession of the Premises(and all properiy of Tenant on the Premises)using all lawfitl force and means of self-help to do so; 1's Sublease b ivin Tenant wriUen notice thereof, in wl�ich event b terminate tl i y g g � ) Tenant shall immediately pay to Landlord a sum equal to the amount of Landlord's costs, expenses, losses and damages occasioned thereby, such as expenses of reletting and collection , � includin but not limited to attorne s fees, real estate conunissions and costs of renovation ( �, , Y and alteration of the Premises) and the amount by which the rent and other amounts due or to become due under this Sublease for the balance af the Term exceed the amount of rent Landlord collects from reletting of the Premises, if any, for the same period;or (c) from time to time, �vithout terminating this Sublease, relet all or any pari of the Premises as the agent and for the account of Tenant at such rent, for such term and upon such terms and conditions as Landlord may in its sole and absolute discretion deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection (including, but not limited to, attorneys' fees, real estate commissions and costs of renovation and alteration of the Premises}and thereafter to payment of all rent and other amounts due or to become due under this Sublease, and if a sufficient sum shali not be thus reatized to pay such amounts, Tenant shall pay Landlord any deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise, or, at Landlord's option, bring one or more actions for cumulative deficiencies. 15.3 Performance of Tenant's Obliaations bv Landlord. If Tenant faiis to timely perfornl any obligations of Tenant under or otherwise comply with this Sublease, Landlord may by �vritten notice to Tenant demand such compliance. If Tenant fails to commence such compliance I.CASF-ACG-ATC-PAGE 20 �_ _ _ AGENDA ITEM #7. q) within ten (IO) days after Tenant's receipt of such demand or if Tenant thereafter fails ta diligently and assiduousIy prosecute and achie��e such compliance, Landlord may, at Tenant's sole risk and expense, perfom� the compliance by the most expeditious means available to I,andlord. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord to achieve such compliance irnmediately upon receipt of Landlord's invoice therefor. 15.4 Remedies Cumula�ive. The rights and remedies of Landlord under paragraphs 15.2 and 15.3 and an}� other provisions of this Sublease are cumulative and in addition to all other rights and remedies afforded io Landlord by law. 15.5 Default bv Landlord. Landlord sliall not be in default under or breach of tl�is Sublease unless Landlord fails to perforn� obiigations required of Landlord withiu a reasonable time, but in no event later than thirty (30) days after written notice thereof by Tenant to Landlord and to the holder of any Morlgage or �ro�uld lease affecting the Premises, whose name and address shall have theretofore been furnished to Tenant in writing; pi•ovided, however, that if+he nature of the defau(t or breach is such that the same cannot reasonably be cured within such thirty (30) day period then Landlord sllall not be in default or breach if Landlord shall commence implementing the cure ��Tithin such thirty (30) day period and thereafter diligently prosecute the same to completion. Section l6. Environmental Matters. 16.1 Definitions. Whenever used in this Section 16, the following tenns shall have ihe following specified meauings: (i) "Law or Regulation" shall mean any environmentally related local, state or federal law, regulation, ordinance or order (including without limitation any final order of any court of competent jurisdiction), naw or hereafter in effect; and (ii) "Hazardous Material" shall mean any chemical, substance, material or waste or componeni thereof which is now or hereafter listed, defined or regulated as a hazardous or toxic chemical, substance, material or waste or component thereof by any federal, state or local governing or regulatory body having jurisdiction, or which would trigger any employee or community "right-to-l�now" requirements adopted by any such body, or for which any such body has adopted any reyuirements for the preparation or distribution of material safety data sheet("MSDS"). 16:? Hazardous Material. Tenant shall not transport, use, store, maintain, gener�.te, manufacture, handle, dispose, release or discharge any Hazardous Alaterial upon or about the Premises, the Building or the Property, or permit Tenant's employees, agents, contractors, invitees and other occupants of the Premises to engage in such activities upon ar about the Premises, the Building or the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in the business or activity expressly permitted to be undertaken in the Premises pursuant to Paragraph 1.9, provided (i) such substances shall be used and maintained on(y in such quantities as are reasonably necessary for such pennitted use of the Premises and the ordinary course of Tenant's business therein, strictly in accordance with all applicable Laws or Regulations, the highest prevailing standards, and the manufacturers' instructions therefor, (ii) such substances shall not be disposed of, released or discharged in the LEASL-ACE-ATC-PAGL 2l � __ I � AGENQA lTEM #7. q) Pren�ises, the Buiiding or the Property, and sliall be transported to and from the Premises in compliance ��ith all applicable La�n�s or Regulations, and as Landiord shall reasanably rec�uire, {iii) if an}� Law ar Regulation or Landlord's trasi� rerno�,�at contractor requires that atry sucI� st�bstances be disposed of separateIy from ordinar�� trash, Tei�ant shall make arrangements at Tenant's expense far such dispasal directly �vith a qualified and licensed dispasal company at a la��,fi�l disposal site (subject to schedt�ling and approval by Landlord), (iv} any remaining such substances shali be completely, praperl}�and lawfixIiy removed from the Propert}� �tpon e�piration or earlier termination af the Ten�l, and (v) for purposes of removal and disposai af any such j substances, Tenant shall be named as the owner and generator, abtai�� a waste generator identification number, ai�d execute aIi permit applications, manifests, waste characterizatian docutnents and any ather required forms. 16.3 Nofification. Tenani shall pcornptly notify Landlord of(i) any enforcement, cleanup or other re�ulatory action taken or threatened by any gavei7unental or regulatory authority with respect to the presence of any �iazardous Material on the �'remises, the Buiiding ar the Praperty or the migration thereof fran� or to othec prope�-ty, (ii) any dexnands or claims rnade or fhreakened ' by any party reiating to any loss or injury resulting from any Nazardous Material on tl�e Prernises, the Building nr tlze Property, {iii) any release, discharge or no�l-rotrtine, improper or �inlawful dispnsal or transportation oF at�}� 1Tazardous Material on or frorn the Prernises or in violaiion of this Section l6, ancl (iv) any matters wl�ere Tenant is required by La�v or Re�utation to give a notice to any govenul�ental or regulatory authority resp�ctirig any Hazardous Material an the Prenzises. the Building or the Property. Landlard shall have the right (but not the obii�ation) to join anci pai�ticipate, as a party, in a��y legai proceedings or actians affecting the Pre�nises, the Buitding or the Propei�ty initiated in co��nectian with any Law �►r I2egulatinti. At such times as Landlord may reasonabIy request, Tenant shall provide Landlord with a written list, certified to be true and cample#e, identifying any Hazardaus Material then used, stored, or maintained upon the Fremises, the use and appro:�imate quantity of eaci� such material, a copy of any MSDS issued by the manufacturer therefor, and such other inPormatian as Landlord may reasnnabIy require or as may be required by Law or Regulation. 16.4 Clean Ut� Reaairen�,ents. If any Hazardous Material is released, discharged or dispased af by Tenant or any other occupant af the Premises, or their empioyees, agents or contractors, an or about the Building ar the Property in vioIation of the foregoing pravisions, Tenant shati immediateiy, properly and in compliance with all applicable Laws and Regu!ations clean up and renlove the Ilazardous Materiai from the Buiiding, the Property and a�iy ather affected property and clean or replace any affected real or personal property or aquatic lands (whether or not owned b}� Landtord), at Tenant's expense (without timiting Landlord's other remedies therefor}. Such ciean up arid removal work shall be subject to L.andlard's priar written approvat(except in emergencies}, and shail inchide, w°ithout limitation, any testing, investigation, and the preparation and implementation of any rernedial actian plan required by any court or governmental body having jurisdiction or reasonabiy required 6y Landlord. If Landlord ar any Mortgagee(s} or governmental body arranges for�ny� tests or studies showing that this Section 16 has been violated, Te��ant shali pay for the costs of such tests. If any Hazardaus Material is released, discharged or disposed of on or abaut the Pcenxises, the Building o�� the Property and such release, discharge or dispasal is not caused by Tenant or other occupants af the Premises, or � LE A5L--ACC-ATC-PAt;C 2? ( � AGENDA ITEM #7, q) their employees, agents or contractors, such release, discharge or disposal shal! be deerned casualty damage pursuant to Paragraphs 7.5 through 7J to the eatent that the Premises are affected thereby; in such case, Landlord and Tenant shall have the obligations and rights respecting such casualt}� damage prot-ided under such paragraphs. Section 17. Miscetlaneous. 17.1 Memorandum of Sublease. Neitller parly shall record this Sublease or otherwise cause this Sublease to be recorded. Ho�vever, upon the request of either party, the parties shall erecute, acknowledge, deliver and record a memorandum of this Sublease in form and content satisfactory to both parties. 17.2 Notices. Any notice, request, designatian, direction, statement or other communication under this Sublease shall be in writing and shall be delivered in person or mailed, properly addressed and stampeci with the required postage, to the intended recipient at its address set forth in paragraph l.7 or 1.8, as applicable; provided that either party may change its address specified in paragraph 1.7 or 1.8, as applicable, by giving the other party notice of such change in accardance �vith this paragraph 17.2. All notices sh�ll be deemed given when actually delivered to the addressee as set forth herein. 17.3 No Brokers. Each party represents and warrants ta the other parly that it has not employed,authorized or received in connection with this Sublease or the Premises the se►�vices af any real estate broker or agent for which any commission or fee is or would be paya6le. Each party shall defend and indemnify the other against any cost or expense (including, but not limited to, attorney's fees) arising oui of a claim for such commission or fee or the payment thereof based on ti�e words or action of such party. 17.4 Attornevs' Fees. In the event of any action to enforce this Sublease, for interpretation or construction of this Sublease or on accoant of any default under or breach of this Sublease, the prevailing party in such action shall be entitled to recover, in addition to all other relief, from the other party all attorneys° fees inc�arred by the prevailing party in connection with such action (including, but not limited to, any appeal thereo�. 17.5 No Partnership. This Sublease shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligations or liability upon either party. Further, except as otherwise specifically provided in this Sublease, neither party shall have any right,powzr or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other party. 17.6 Nomvaiver. The failure of either party to insist upon or enforce strict performance by� the other party of any of the provisions af this Sublease or to exercise any rights or remedies under this Sublease shall not be construed as a waiver or relinquishment to any extent af such party's right to assert or rely upon any such provisions or rights in that instance if compliance is LF�ASL- ACE-ATC-PAGE 23 AGENDA ITEM #7. q) still possible and reasonable or in an}� other instance; radler. the same shall be and remain in ftill force and effect. 17.7 Survival. The obligations imposed upon Tenant under paragraphs 3.3, 3.4, 4.2, 4.3, 4.6, 4.7; 4.8, 4.9, 5.5, 8.4, 13.2 and l 4.2, Sections 9, I 1, 12, 15 and 16, and all other provisions of this Sublease �vhich may reasonably be inteipreted or construed as surviving the expiration or tennination of this Sublease, shall survive the eapiration or termination of this Sublease. 17.8 Entire A�reement. This Sublease sets forth the entire agreement of the parties, and supersedes any and all prior agreements, with respect to the Premises. This Sublease shall be construed as a ��hole. All provisions of this Sublease are intended to be correlative and complementary. 17.9 Amendment. No arnendment, change or modification of any provision of this Sublease shall be valid unless set forth in a �vritten amendment to this Sublease signed by Landlord and Tenant. 17.10 Successors and Assiens. Subject to the restrictions on assignments and subletting b}� �Cenant set forth in Section l:s,this Sublease shall be fully binding upon, inure to the benefit of and be enforceable by the successors, assigns and legal represen�atives of the respective parties. If Tenant is comprised of more than one person or entity, each such person or entity shall be jointly and severally liable under this Sublease. 17.11 Imblementation. Each pail.y shall take such action (including, but not limited to, ' the eaecution, acknowledgment and delivery of documents) as may reasonably be requested by ' the other party for the implementation or continuing performance of this Sublease. 17.12 Invalid Provisions. The invalidity or unenforceability of any provision of this Sublease shall not affect the other provision hereof, and this Sublease shall be construed in all respects as if such invalid or unenforceable provisions were replaced by a valid and enforceable ' provision as similar as possible to the provision replaced. , 17.13 Patriot Act Compliance. Tenant hereby represents and warrants that neither Tenant, nor any persons or entities holding any lega) or beneficial interest whatsoever in Tenant, are (i) the tar et of any sanctions program that is established by Executive Order of the President or g :� �• ublished b the Office of Forei n Assets Control, US. Department of the Treasury ( OFAC ); P Y g (ii) designated by the President or OFAC pursuant to the Trading With the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Po�ti-ers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, Executive Order 13224 (September 23, 2001) or any Executive Order of the President issued pursuant to such statutes; or (iii) named on the following list that is published by OFAC: `'List of Specially Designated Nationals and Blocked Persons." If the foregoing representation is untrue at an}� time during the Term, an F,vent of Default will be deemed to have occuned,without the necessity of notice to Tenant. LE ASF- ACE•A7C-PAGC 2�4 AGENDA ITEM #7, q) 17.14 Go�rernin� La�. This Sublease shall ne interpreted, construed and enforced in all respects in accoc•dance �vith the la�i�s of the State oF�Vashington. 17.15 Counterparts. This Sublease may be eaecuted in two or more counterparts. all of �vhich shali constitute one and the same agreement. 17.t 6 Quiet Lniovment. Landlord warrants that it has the right to make this Sublease, a�id that Tena�it, if not in default, shall have quiet and peaceful possession and enjoyment of the Premises for the entire Term, incl�tding any extension thereof, in accordance with the provisions of this Sublease. Landlord: Tenant: Ace Aviation, Inc. Aviation Training C.enter, Inc. � : t�- « �y: ,� . y Kurt Boswell, President Marie Campbell, Presi�nt Date Signed: � i4. 2C�i5 Dale Signed: ,,�--/ 9^ �-S LE:ASC ACG-.AIC-PAGG2� AGENDA ITEM #7. q) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this �� day of �.1�(�,��,�, . 2Q15, before me, the undersigned, a Notai�� Public in and for tlie State oi�Jashington, duly commissioned and sworn, personally appeared Kurt Boswell, to me kno�vn to be the President of Ace Aviation, Inc., tTie corparation that executed the within and foregoing Sublease as Landlord, and acknowledged the said Sublease to be the free and voluntary act and deed of said corporation for the uses and puiposes therein rnentioned, and on oath stated thai he was duly qualified and acting as said officer of the co�poration and that he�vas authorized to so e�ecute said instrument. IN WITNESS WHTREOF, 1 have hereimto sei m}� hand and affiaed my official seal the day and year first above written. ' _ . . .._ . .. . ,,�. ,___� ... . ._..__. ..r=...ti. �,. .__..�...�......�...,._... � BRIiANY REN2 - - - � otc�ry Public Notary Pu ' n and for t ate of ? Stale of v�lashingtc�rF Washin . residing at: _. � P�1y Cornrnissiun Expir�s My Commission expires: .�,�_ i Aptil O1 , 2019 �.,,.._...-.r.-.:_.......:..-..r._.�.,:.......w....,..-.�-�. STATE OF WASHING7'C�N ) ) ss. COUNTY OF KING ) On this � day of �Gl,(/(� , 2015, before me, the undersigned, a I�?otary Public in and for the State o�Washington, duly commissioned and sworn, personally appeared Marie Campbell,to me known to be the President of Aviation Training Center, Inc.,the corporation that executed the within and foregoing Sublease as Tenant, and ackno�vledged the said Sublease to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was duly qualified and acting as said officer of the corporation and that she was authorized to so execute said instrument. IN WITNES5 WHFREOF, I have hereunto set my hand and affixed my official seal the da}�and year first above�vritten. �.... _ ._,,.�. .��c��- � e�a�TaNv REriz - ,�'J ' t��otflry Public Notary Pub ' ' and for th��e of � State of Washiny!on ; Any� Ca��m;ssion Expir�.� Washingt siding at: �!/�/J''J� . April O l , 2D 14 . My Commission expires: L� Lf ASE-ACE-ATC-PAGE 2b . �-- AGENDA ITEM #7, q) Exhibit A to Sublease Agreement i� u i � " i _) t I �j(_. .� __'}„_�,_,_.--f--� . , I I �J� ' . � I I � � 257.5 s ft t.4�.=rc 9 " j ic.-.crw.-:..�i`. 18.5' . � � • 5' - --� � i i �r��. � � a. � a• � , (. . ( ! � 4 =�-�•' � � �� .— :�� r. � '��°: �,,�r `. �_ � `'� ' ' � , ; , .._ ---� a � : .� < ��, ,1� .:_ ss _ ��n' r�.� �:� �i ._. �_V._ I.063Y..__ ._ __ --- �-4d' SO4 sq ft �-�I ' '��V,Y'f4�� , '. . ... .. _. .__ --.� { . ' _ . 2s� � C �l a __ . .�. _ --- - _ -- _ --— -- -----— _.__.__.__. ._._.. . :.__ __ _ _ "—► _ _- - ---_. _ ..... . _. -- 45' �A 1333 sq h � f •�1 � i � . Y� ; "�. �9� ., ,�� . y f; � 6 t,�:. i�+*�?"�"' �� 's f. � � o�� 'r,. _ �, �•��: T6' �u: �� '-- 28' r ( ....,..Y_,.-.>,»23..�»�.r: .._ - I �_,,` �—.;t_ > -- - -. � ! - I� t' i�' ,� .,.'-.—�.�;� 1�� rii:�� --�, ��!� ! . ;�, � . �z ,,. �I T� -- - -- ' LEASE—ACE-ATC-PAGE 27 AGENDA ITEM #7. q) Exhibit B to Sublease Agreement Landlord shall perfonn the following work with respect to the Premises at Landlard's sole cost and expense: 1 Vb'ALLS: all the perimeter �valls (building and exterior walls) of the Premises shall be framed and insulated, drs��all with fire tape finish on the Premises side. 2 FLOORS: concrete or gyp-crete throughout the Premises, level smooth finished and ready to accept carpet or vin��l floor coverings to be applied by the tenant (not a finished product). ; FIRE SPRINKLERS: fire sprinkler system shall be provided throughaut the �ulimproved Premises. Tenani shall be responsible for modifications and additional fire sprinl:ler heads required to provide complete distribution and trinl in all finished tenant improvement areas. 4 PLUMBING: Provisions have been stubbed to Premises only. Any liardware, fixtures or piping to the zones interior or the perimeter shall be Tenant's responsibility. 5 HVAC: lieatiilg, ventitation and air conditioning systein complete with curbs, electrical, gas, and controls, capable of pi•oviding up to 500 square feet in one zone. HVAC system shall be sttibbecl out to Premises. 6 HVAC system shall be capable of providing the following ambient design conditions: Sumnier 83 degrees dB I 66 degrees WB at 0.5°�0 Winter 25 degrees dB/at 6%and 2l degrees dB at 1% Inside design conditions 70 degrees heating i 75 degrees cooling Tenant shall be responsible for ductwork distribution and exhanst fans within the Premises. 7 ELECT1tICAL: Landlord shall furnish and install 120/208 electrical services and panels ''i sized adequately to support a fully occupied office suite. Wiring to the Premises perimeter or I, common area electrical raom / closet, terminated at a panel boa. Tenant shall be responsible for ', rough in and trim, light fixtures, outlets, telephone system, data systems within the Premises , from the landlord provided panels. � 8 LOW VOLTAGE: Landlord shall provide fire alann panel and extend fire alarm cabling ', and services to the Premises. ' I.CASE-ACE-ATC-PAGL ZS � AGENDA ITEM #7, q) Exhibit C to Sublease Agreement Tenant shall install the following leasehold improvements in the Premises at Tenant's sole cost and expense, subject to reimbt�rsement of some or all of the cost thereof through theT'enant Improvement Allo��rance: 1 Any pennits required by applicable governmental authoritiesrelated to completion of the leasehoid improvements. 2 Framing, dr}�vall, finishing of leaseholc� improvements walls. 3 Interior doors 4 Cabinets, casework,countertops, millwork, and hardware within the Premises. 5 All painting, staining, wall and floor co�-erings witl�in the Premises. 6 Suite entry doors and relights in perimeter, conidor, interior and demising walls. 7 All plumbing rough in, trim, fixtures, to;let accessories, �vater heaters required to complete e�tension of the Landlord-provided plumbing. 8 All electrical rough in from point of connection to landlord-provided panels, trim, s��itching, lighting, �viring and equipment�viring. 9 Any skyiights or special ceiling treatrnents. I O Acoustical ceiling grid,tile and sound insulation. 11 lnterior relights and glazing. 12 Special structural requirements made necessary by Tenant usage. 13 Security systems. 14 Pllone, music, ii�tercom and communications systems. . 15 Specialties; including pneumatic tube systems, compressed air or vacuum systems. 16 Fire protection extension, rough in, trim, heads as required to meet local jurisdiction having permit authority. 17 HVAC distribution from the landlord/shell-pro��ided system, exhaust fans, duct and grills to setve areas within the Premises. 18 Roof patches required due to tenant improvement work (see 9 above); PROVIDED THAT TENANT SHALL NOT MAKE ANY EXTERIOR OR ROOF PENETRATI4NS WITHOtJT PRIOR WRIT'TEN APPROVAL FROM LANDL4RD. LL•AS[-ACE-ATC-PAGE 29 AGENDA /TEM #7. r) ..� ,.._.. CITY OF --�-..�..r...r�� ' � ' • � -• 1 SUBJECT/TITLE: Burnett Avenue South/Renton Transit Center Street Closure RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Dan Hasty,Transportation Planner EXT.: 7217 . .. Expenditure tteqctired:F � $ NjA Transfer Am�ndm�rit:� .� $ NjA Amount Budgeted: $ N/A Revenue Generated: $ N/A , ._ ._.: ,.. ... Totat Project Buti�et�; 1� City Share 1'ata�.Pro,�ec€: �N/A z.»,_ ��,. _ �:...�'.��.��. .�._�. . _ _ „ .. ... , z..�..d7„�:. a,n, ,.:_.�� ... .. �..�w � • • � • Adopt the Resofution authorizing closure of Burnett Avenue South between South 2nd Street and South 3rd Street from October 12 through October 19, 2015 in order to repair the broken concrete in the street crossings. : ' A. Issue Paper B.Transit Center Street Closure Map C. Resolution , � � • �� • Adopt the Resolution authorizing closure of Burnett Avenue South between South 2nd Street and South 3rd Street from October 12 through October 19, 2015 in order to repair the broken concrete in the street crossings. AGENDA ITEM #7. r) PUBLIC WORKS DEPARTMENT p o��O� � M E M O R A N D U M DATE: August 28, 2015 TO: Ed Prince, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Dan Hasty,Transportation Planner, ext. 7217 SUBJECT: Burnett Avenue South/Renton Transit Center Street Closure ISSUE: Should Council adopt the Resolution to close Burnett Avenue South between South 2"a Street and South 3�d Street from October 12 through October 19, 2015 in order to repair the broken concrete in the street crossings? RECOMMENDATION: Adopt the Resolution to close Burnett Avenue South between South 2"d Street and South 3�d Street from October 12 through October 19, 2015 in order to repair the broken concrete in the street crossings. BACKGROUND: The project involves complete street closure of Burnett Avenue South between South 2"a Street and South 3rd Street and requires fencing off the construction zone as outlined in yellow on the attached map. Burnett Avenue South, between South 2"a Street and South 3�d Street, and the east-west Renton Transit Center access road will be closed to both pedestrian and vehicular traffic for the duration of the project. Pedestrian circulation will be maintained outside of the construction zone. Transit agencies that operate through the Renton Transit Center(Sound Transit, King County Metro and Pierce Transit) have been involved throughout the process. The decision to close Burnett Avenue South for one week, in lieu of only closing one lane at AGENDA ITEM #7. r) Ed Prince,Council President Members of the Renton City Council Page 2 of 2 August 28,2015 a time and having the work stretch out for nearly a month, was requested by the three transit providers. If the City decided to keep one lane open through the Transit Center during construction, it would be necessary to complete the work with multiple contractor mobilizations and concrete pours. Thus, it would raise the cost to approximately $10,000. cc: Doug Jacobson,Deputy Public Works Administrator,Transportation Jim Seitz,Transportation Planning Manager Dan Hasty,Transportation Planner Heather U�it,Administrative Secretary I—Transportation � ! ► � ! I/ • �� „� � �- . � � , _... ' �_ � ". . - r. - : � � _____-_, _. _ - — -- , � � � _a �-___, ; , �--- .� � - 1 � , � t r � } 1 �� w..�r.� � � � _��, t»--. �.7. t �� t_�t�C1' C �,fl�dfl�IlV��..`_i1:�'I�ill� ` � � � T -I � _ . . ..' bl - I � � � M " , ( i q _...% � . . . ... , . , .. ...� � ,. . F r. �,...,, {� . . � � � ; ; � , � , � 1 � , � �� ; � ��. `# ; $ ; ,'��'� ; � � ��. r .�{w �..�.. �� . . . � . . � .. � , s y � .F I . �I � 7' —.� � W. � � � t .% 1 � �. �� # _. .� 1 ' y � z. � �. 5..) _F� �# .� , . . , . ,. _ .. ..T x "4. � . . _. , �j � � � � ; � � � � , ; : - � � . , � � . � ; _ _ ,, ,. � _._, � � ..� . . _ ._ � _, --- , , � , � � . . .� � � - �, � � , _ �. �. _ ...__�__�_�__ �, _..,,,�._.._._._,� � � � � . � . �,� � ,� , � � � � - —. � - ; , � . 1 I ( � . , 4 � a � , - � ' } . # "� I �1�l�ill:.�� i�. ��I�� . �� ' � � ( " � � I � � i r a ,�_� � . - . � ' � '� �a � � ' . � ` �� __^ ---—. �-- _ __ _� – ; _ --_ . .�._._,.� -- _ - . _� - � . � z� � � :�:� � . � � , -m�:- . - . - - = . � � _ � :_ . ._. , � �� , ; � � � � µ , ., i �,, J � I � } r �,..._ � �° , � . � �, , � , . t � _ � � �. ��. �� . � �� i ''� ,� .: �FiCii�Ufl �,'.dVilt�l;l F � .i � � � ... . , .a.: �� ., � � , � � � _.. , _ I � r�_� L . � . � - � e - — � .�. .� r � F � I � � � � ;..' _ i — ' tr � � .� � a- ! � I � 1 � _ � � x .. ; . � , , � �� . � � � �:: , � � �,� �' ` � � i i � i . .� W ,. . +�r � i'Y +_.a...,.. - .._. �, I ��.-...�� .. � ^ � � �r�� . . • � _�1 ', -lr. { � � i A n �-------- � 1 r il .., ��J r � �-•a - i -`� �lM i �L'ti �. �,.,. � AGENDA ITEM #7. r) CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CLOSURE OF A PORTION OF BURNETT AVENUE SOUTH, FROM OCTOBER 12, 2015 THROUGH OCTOBER 19, 2015, BETWEEN SOUTH SECOND STREET AND SOUTH THIRD STREET. WHEREAS, the Renton Transit Center provides a central hub for both Metro and Sound Transit to provide convenient and frequent connections to Seattle, Bellevue and other areas; and WHEREAS, due to the profuse daily bus traffic through the Renton Transit Center, the concrete walkways have begun to break apart; and WHEREAS, the cracked and broken concrete is a hazard to pedestrians, vehicles and the buses that travel through the transit center on a daily basis; and WHEREAS, it is necessary to close a portion of Burnett Avenue South in order to replace the concrete walkways; and WHEREAS, pursuant to RMC 9-9-3 the City Council must authorize such closures by means of a resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. The above findings are true and correct in all respects. SECTION II. The Cit Council does hereb authorize the closure from October 12, Y Y 2015 through October 19, 2015, of a portion of Burnett Avenue South, between South Second ' Street and South Third Street. 1 AGENDA ITEM #7. r) RESOLUTION N0. 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 RE5:1679:8/25/15:scr 2 AGENDA ITEM #7, s) -�/�� —. CITY OF �'.rl�Orl � � • � . � -. � SUBJECT/TITLE: Aberdeen Avenue Northeast Speed Limit Reduction RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Chris Barnes,Transportation Operations Manager EXT.: 7220 . .. Expenditure Required: $,NfA Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Totaf Project Budget: ,t e p, ;,x,_S N�A ..- . , City Share Total Prtoject;_:, ;�;� $ N/A � � • � � The Public Works Transportation Systems Division would like to reduce the speed limit on Aberdeen Avenue NE from 30 miles per hour to 25 miles per hour between Sunset Blvd. NE and NE 27th Street.This neighborhood lacks sidewalks along Aberdeen Avenue NE, so lower operation speeds will provide an additional measure of safety for pedestrians, especially near Kennydale Lions Park. . . A. Issue Paper B. Renton Municipal Code, Chapter 11 Speed Limits C. Revision Map D. Proposed Ordinance . � � • �� • Approve the Ordinance amending Renton Municipa� Code 10-11-1.6.10 reducing the speed limit from 30 miles per hour to 25 miles per hour on Aberdeen Avenue NE between Sunset Blvd. NE and NE 27th Street. AGENDA 1TEM #7, s) PUBLIC WORKS DEPARTMENT CITYOF ---iRenton Q M E M O R A N D U M DATE: August 18, 2015 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Chris Barnes, Transportation Operations Manager SUBJECT: Aberdeen Avenue Northeast Speed Limit Reduction ISSUE: Should the Council approve the Ordinance to Renton Municipal Cod 10-11-1.6.10 reducing the speed limit from 30 miles per hour to 25 miles per hour on Aberdeen Avenue NE between Sunset Blvd. NE and NE 27th Street? RECOMMENDATION: Approve the Ordinance to Renton Municipal Code 10-11-1.6.10 reducing the speed limit from 30 miles per hour to 25 miles per hour on Aberdeen Avenue NE between Sunset Blvd. NE and NE 27th Street. BACKGROUND: The speed limit on Aberdeen Avenue NE, north of NE 20th Street has an unclear transition from 30 miles per hour to 25 miles per hour. South of NE 27th Street posted signs have indicated the speed limit is 25 miles per hour, when it should be 30 miles per hour. The Renton Municipal Code 10-11-1.6.10 states, "The speed limit on Aberdeen Avenue NE from Sunset Blvd. NE (SR 900) to NE 27th Street is established to be 30 miles per hour." Since 1994 we have conducted four speed studies on Aberdeen Avenue NE and found the operating speed to be between 28 and 37 miles per hour. Reducing the speed limit on Aberdeen Avenue NE from 30 miles per hour to 25 miles per hour will remain AGENDA ITEM #7. s) Ed Prince,Council President Members of Renton City Council Page 2 of 2 August 18,2015 consistent with national authoritative guidelines, including the MUTCD and common national practice. Aberdeen Avenue NE has a playground and the pedestrian paths leading to it have sidewalk only at sporadic locations. Many local residents believe that the existing speed limit is too high considering that there is no barrier to protect pedestrians from vehicles that depart the roadway. A 1998 study by the Federal Highway Administration has found that lowering and raising the speed limit by as much as 15 miles per hour had no significant changes in the rates of accidents, injuries and deaths in 22 states. Lowering the speed limit on Aberdeen Avenue NE will probably have no significant impact on safety. A reduction in speed limit will probably increase the number of speeding violations, but will also increase the perception of safety by local residents. The 85th percentile speed is the speed at or below which 85%of all vehicles are observed to travel under free flowing conditions past a nominated point. Most communities in the United States use it as a national standard for setting speed limits. Guideline 12 from Section 26.13 of the Manual of Uniform Traffic Contro/Devices (MUTCD) and a 2004 report by the Institute of Transportation Engineers recommends setting the speed limit S miles below the 85th percentile speed. Please find attached a copy of Guideline 12 from the MUTCD. A 2003 report by the Transportation Research Board of the National Academies has found that in practice, many agencies set the speed limit 8 to 12 miles per hour below the 85th percentile speed. cc: Doug Jacobson,Deputy Public Works Administrator Chris Barnes,Transportation Operetions Manager Heather Ulit,Administrative Secretary I-Trensportation 8112/2015 Ptint Previeav AGENDA ITEM #7. s) 10-11-1 SPEED LIMITS: A. The speed limit on all streets within the City limits is hereby established to be twenty five (25) miles per hour unless othenivise posted by the City or the State of Washington Highway Commission, including the following designated streets constituting a part of the State Highway System: 1. South 3rd Street(S.R. 900 eastbound) from Rainier Avenue South (S.R. 16� to Mill Avenue South. 2. Mill Avenue South (S.R. 900 northbound) from South 3rd Street to Bronson Way South. 3. Bronson Way North and Bronson Way South (S.R. 900)from Main Avenue South to Sunset Boulevard North. 4. South 2nd Street(S.R. 900 westbound) from Main Avenue South to Rainier Avenue South (S.R. 167). 5. Main Avenue South (S.R. 515) from South Grady Way to South 3rd Street(S.R. 900). (Ord. 3918, 6-17-85) 6. Lake Washington Bo�levard north from North Park Drive to I-405. (Ord. 4062, 5- 4-87) 7. North 3rd Street from Logan Avenue North to Sunset Boulevard North (S.R. 900). (Ord. 4101, 12-14-87) 8. Northeast 16th Street from Aberdeen Avenue Northeast to Jones Avenue Northeast—Jones Avenue Northeast from Northeast 16th Street to Northeast 24th Street. (Ord. 4332, 11-18-91) B. The speed limit on the following designated streets is hereby established to be thirty (30) miles per hour: 1. Sunset Boulevard North, Sunset Boulevard Northeast, except that portion of Queen Avenue Northeast and east City limits, and Northeast Sunset Boulevard (S.R. 900) from Maple Valley Highway easterly to City limits. 2. Talbot Road South from South 26th Street to South Puget Drive. 3. Taylor Avenue Northwest from Renton Avenue Extension to Taylor Place N ortheast. httpJlwww,cadepublishing.canNVA/Re�oNcgihnenuCompile.pl 1/4 811?/ZO'15 Prirk Previeuv 4. Taylor Place Northwest from Taylor Avenue Northwest to Stev�A�'�1� ITEM #7. S� Northwest. 5. Renton Avenue Extension from Rainier Avenue north to west City limits. 6. Park Av�enue North from Bronson Way North to Garden A�nue North. 7. North 4th Street from Logan Avenue North to Fadory Avenue North. � 8. North 3rd Place from Factory Avenue North to North 3rd Street. 9. Edmonds Avenue Northeast from Sunset Boulevard Northeast(S.R. 900) to Northeast 27th Street. 10. Aberdeen Avenue Northeast from Sunset Boulevard Northeast(S.R. 900) to Northeast 27th Street. � 11. Northeast 27th Street from Edmonds Avenue Northeast to Kennewidc Place Northeast. 12. Kennewidc Place Northeast from Northeast 27th Street to Northeast 30th Street. 13. Northeast 30th SVeet from Kennewidc Place Northeast to FAI-405 (Freeway). (Ord. 3918, &17-85; amd. Ord.4332, 11-18-91) 14. Houser Way North, from Lake Washington Boulevard to North 4th Street. 15. Union Avenue Northeast from Northeast 4th Street to north City limits. 16. Edmonds Avenue S.E.from S.E. Puget Drive to S.E. 161st Street, with the exoeption of the school zone. The school zone established around Cascade Elementary School shall remain in foroe dependerrt on time of day or the presenoe of children. 17. 116th Avenue SE from 161st Street to SE 192nd Street,with the exoeption of the school zone. The school zone established around Benson Hill Elemerrtary School shall remain in force dependerrt on time of day or the presence of children. (Ord. 5494, 9-14-09) C. The speed Gmit on the following designated streets is hereby established to be thirty five (35) miles per hour: 1. Southwest Sunset Boulevard (S.R. 900) from Rainier Avenue South (S.R. 16� wester to west C limits. N �v 2. Rainier Avenue South from South Grady Way northerly to the north City limits. htlp,lMrww.ca�dep��IlsHng.canNVAlRentor�IcglhnenuCampile.pl ?/4 8�1212015 Print Preview 3. East Valley Freeway(S.R. 167) from one-half(1/2) mile sout�O�li�ad�EM #7. S� Way to Sauth Grady Way. 4. South Grady Way and Southwest Grady Way from Main Avenue South to west City limits. 5. Benson Road South (S.R. 515) from South Grady Way to the south City limits. 6. Airport Way from Rainier Avenue South (S.R. 167) to Logan Avenue South. 7. Logan Avenue South and Logan Avenue North from Airport Way to North 8th Street. (Ord. 3918, 6-17-85) 8. Lake Washington Boulevard N.E. at I-405 to the north City limits. (Ord. 4062, 5- 4-87) 9. Northeast 3rd Street from Sunset Boulevard North (S.R. 900) to Jefferson Avenue Northeast. � 10. Northeast 4th Street frorn Jefferson Avenue Northeast to easterly City limits. 11. Talbot Road South from South Grady Way to South Puget Drive and from South 26th Street to south City limits. 12. North Park Drive and Northeast Park Drive (S.R. 900)from Garden Avenue North to Sunset Boulevard Northeast. 13. South Puget Drive from Benson Road South to Talbot Road South. 14. Southwest 16th Street extending from that certain drainage channel at Longacres to the East Valley Road. 15. On Northeast Sunset Boulevard between Queen Avenue Northeast and east City limits. (Ord. 3918, 6-17-85) 16. Oakesdale Avenue Southwest from Monster Road Soufhwest to Southwest 43rd Street, and the posting of signs to that effect on both sides of the street. (Ord. 4344, 2-3-92) 17. Duvall Avenue NE, from the north City limit to NE 4th Street. (Ord. 5412, 9-15- 08; Ord. 5494, 9-14-09) D. The speed limit on the following designated streets is hereby established to be forty (40) miles per hour: 1. Puget Drive Southeast from Edmonds Avenue Southeast to Benson Road South, http:Uwww.codepublishing.comMJAIRerRuNcgl/merxiComplle.pl ya 8/1?J2015 Print Preview 2. On West Valley Highway (S.R. 181), north City limits to soutt��;�i��A ITEM #7. S� 3. On Maple Valley Highway befinreen I-405 and Renton's east City limits. 4. Benson Drive South, from South Puget Drive to Petro�ntsky Road SE. 5. 108th Avenue SE, from Petrovitsky Road SE to the south City limit at SE 192nd Street. (Ord. 5494, 9-14-09) E. The speed limit on the following designated streets is hereby established to be forty five (45) miles per hour: 1. East Va11ey Road from Southwest 16th Street to south City limits. (Ord. 3918, 6- 17-85; amd. Ord. 4344, 2-3-92) httpJ/www.cadepublishing.cam/WAIRerdoNcgf/me�uiCompile.pl M4 AGEIVDA ITEM #7. s) Aberdeen Ave NE Speed Limit Revision _ _ _ � � � � cth st N�28th S� z �� 2�th St � ;� Revised Speed limit of 25rnph th St • NE 25ih: �f 24th St NE 24t� St NE 24th: p, NE 2 . � � NE 2 cs. � � � � N�22nd m ea � � c � ta � N� 20i� St � e. z � y o � � o. � N � � � � m '� � � Z ro ' ' � 'p rn < m � � � N�_16t St � NC 14th St � .. ci � - � y McKnight Middie Sc#�oci1 NE 12th S� � NE 12th Si '�' Z � � 4�p ac�4� � ' ` i O t T°N� t AI"�tC�tN • �friP � ___----�''''"�.��'1��0�Yl � AGENDA ITEM #7. s) CITY OF RENTON, WASHINGTON � ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 10-11-1 OF CHAPTER 11, SPEED LIMITS, OF TITLE X (TRAFFIC) OF THE RENTON MUNICIPAL CODE, REDUCING THE SPEED LIMIT ON ABERDEEN AVENUE NORTHEAST FROM THIRTY (30) MILES PER HOUR TO TWENTY-FIVE (25) MILES PER HOUR. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 10-11-1.A of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of the Renton Municipal Code, is hereby amended to add a new subsection 10-11-1.A.9, to read as follows: 9. Aberdeen Avenue Northeast from Sunset Boulevard Northeast (S.R. 900) to Northeast 27th Street. SECTION II. Subsection 10-11-1.6.10 of section 10-11-1, Speed Limits, of Chapter 11, Speed Limits, of Title X (Traffic) of the Renton Municipal Code, is hereby deleted. The remaining subsections shall be renumbered accordingly. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BYTHE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk 1 AGENDA ITEM #7. s) ORDINANCE N0. APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1878:8/19/15:scr 2 A GENDA 1 TEM #7, t) ..�.. �.i c�Tr aF ' �rltOrl � � • � . • -. � SUBIECT/TITLE: Project Acceptance: Lower Blast Fence Rehabilitation Project—Gary Merlino Construction CAG-14-088 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 � • . Expenditure Required: $ NjA Transfer Amendment• $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget $�.,357,445;�.00 City St�are Tota�Project: $ N/A ..: � M....,a . .,..:�r � � � • � • Notice to proceed was issued to Gary Merlino Construction on November 7, 2014 for the Lower Blast Fence Rehabilitation Project under CAG-14-088. There were nine change orders to the original contract. Two of the major changes were to remove Schedule III—Artwork, and reduce Schedule I—Blast Fence, due to changes in the perimeter fence tie-in to the new blast wall. Overall, the nine change orders reduced the original contract amount by$149,087.68. The artwork for the blast fence is being completed at a lower cost under a JOC contract with Forma Construction. The project was physically completed on April 16, 2015. The City has recently received the necessary information to initiate closeout of this project. : A. Final Pay Estimate 5 B. Change Order Summary C. Notice of Completion of Public Works Contract � � • • � � • Approve the closeout of Gary Merlino Construction's contract CAG-14-088 for the Lower Blast Fence Rehabilitation Project in the amount of$1,103,477.57 and release the retainage bond once all required releases are obtained. AGENDA ITEM #7. t) TO: FINANCE DIRECTOR G� ' " ` � '`i � ��-- � �� . �eL.� � 53�9at,�! FROM: AiRPORT MANAGER CONTRACTOR: Gary Merlino Construction Co. CONTRACT NO. CAG 14-088 ESTIMATE NO. S-FINAL PROJECT: Blast Fence Replacement DATE: June 01,2015 1. CONTR.ACTOR EARNINGS THIS ESTIMATE $85,316.87 2. SALES TAX C 9.5% $8,105.10 3. TOTAL CONTRACT AMO[INT THIS ESTIMATE $ 93,421.97 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $922,425.20 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $85,316.87 6. SUBTOTAL-CONTRACTOR PAYMENTS $1,007,742.07 7. RETAINAGE ON PREVIOUS EARNINGS $0.00 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $0.00 4. SUBTOTAL-RETAINAGE $0.00 10. SALES TAX PREVIOUSLY PAID $87,630.40 11. SALES TAX DUE THIS ESTIMATE $5,105.10 12. SUBTOTAL-SALES TAX $95,735.50 * (95%xLINE1) ** (RETAINAC GRAND TOTAL: $1,103,477.57 FINANCE DEPAR?MENT ACTION: PAYMENT TO CONTRACTOR{Lines 5 and I 1): ACCOLTI3T 422.725098.016.594.46.63.000 $93,421.97 ACCOUNT ACCOUNT $93,421.97 RETAINED AMOLJNT(Line 8): ACCOUNT $0.00 TOTAL THIS ESTIMATE: $93,421.97 CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION ,iHE JNGERSIGhEC C.0 HEREBY CERT;tY UNOER FENA,"!OF PERJJRY,tHA?'HE MATERIA�S HAVE BEfN FURY15hCD,THC SERNCES RENDEREO OR'nE IABOR PERFORMEO A5 DESCR 8E� u,FRE N,A'JD?HA'ihE CUuM 'S A dUST,�'�!�MiD UN�AD �6l�A'�ON AGA�NST THE CITY 0� REMON,ANG Tu�A?�AM pJTHOF ZEC?0 A'uTHEN'CATE AhD CER?,FY'C SA;C CtAtld 5�G!vFD � ' / � f1 /t� S C� __---�- __---_ �---- �— --_ pA�� •••--"' ...�"'"" p�t105 APPt�� ,RKypTO: 611R��5 'EN� ..�--�"' $�WaUR�4'l� AP'�1C�`�' CpG..14-�DS �'.��pa�tM pa�� ,�� p�,p�,1CA'�N�� COH�� SO: �� vA a-5°' �at��'°n� Co. ��ste,w!` `}g108 ��At#EN�' g�1�►A�� wp 98�t1� I ...► I ��Wc� US ,,..- '� ��: CstY cf R�a�WpY ,,,,,...-.."'' I toSS�WA 9805� R�y�s11� ''� R� � �o,n��►�'�gto+�°� '', B1sst'ar'a� �bssn e�"p�''� I CO�`�� R��sy 1t8'� $1,252.565.2-„�.. ��pa1,�,.... i. Re�°n I ��3 7Q2.95 {Ftsrn) ��W il�► ,.� (S� j S/ �� N�t�tittT '' 62•3� {Ne+ne� - ��,p�tteA�r 10$8 8 � t�} b15t2015 ' � --" �t,iQ3.�'1�.5`� �� ,u�"r�'� �,�-n'°�`� tsre�� ' F'r� �� aE�'��p ANa�� • �pNN �.4�-71'� .�- �, 6�"S� t taR �lo• ��oo v`e.�� a��' Q � ...-.----.'"''-----�-' ' � po .,...,-----'""r�: �, wax c.omd�'d� '' s tA• c,�„��A"�� p+PP�°n'�'��'��d� ,� �a'°+�" „�.,�''°" n��'�"� m S1,t03 4775� C � �Z.�'g7 T��- ��K .60 ,comP�� ,�p�,8T�� 51,��a�M co _,,,......--��" � w��„ r -M1'4Z'�'�.7�' ..._...NfNf �,,,�,,...--..""� . ,. �pA� »-• M��s«.a,.,._- �,,, tac• �"'�' 1A 6'l5 Z� t�} - � m P'�`°"s� ��ta,o�ot .�it,4; •ch a�s�� o �,�,,Nce C� �� ,� pe'�' �sn .'� �:�"°'L°"T� �:� �• , t * '�'�"' --�" .� � ct+a�"'"'C so.oa so.oa ; suM�°� so.oa su.00 ,.,,..r-- 1 �T°wn' ro.oa ._-�-r—` �s� _------� �z� _— AGENDA /TEM #7. t) APPLICATION FOR PAYMENT PAGE 1 OF 5 PAGES APPLICATION NO.:00005 PERIOD TO:6�Ii2015 PROJECT NO.:CAG-14-008 A 8 C D E F G H I WORK COMPLETED WORK MIDSTORED BALANCE LME SCHEDULED FROM PREVIOUS COMPLETED STORED MATER!ALS X TO IiEM ID DESCRIPTION VAIUE APPLICATION THIS PERIOD MATERIALS TO DATE COMPLETE FINiSH RET�UNAGE I.00 SUMMARV SCHEbULE I 50.00 50.00 SO.QD SO 00 f0 00 0 50 00 50.60 50.00 PfR 0 0 0 0 0 0 p I.01 Mabilizaiion S67,OOO.UO f67,00000 50.00 50.00 567,OOOOU 100.000 fO.OD 50.00 56�,00000 PER LS 1000 I.000 0 0 1000 0 0 I.0] 5�lcry and Sccunty f5,000 00 55,000.00 SO 00 SO 00 SS,000 00 �OO.00Q 50 00 SO.DO 55,00000 PER LS I,000 I.000 0 0 1.000 0 0 I 03 Survcy,Stakc Out and Rccwd Dmvings S 10,000.00 59,000 00 S I,000.00 SO 00 f 10,000.00 100 000 SO 00 50.00 SI0,000.00 PER [S 1600 0900 0100 D I.000 0 0 I Oa Tcmp Fcncing,Barticndcs and FacJuia f50,000.W f50,660.00 50.00 f0 00 SS0,000 00 100.000 EO 00 50.00 f50,000.00 PER LS 1.000 1.000 0 0 I,000 0 0 I OS Sta'm Wa�cr Pal{uuon Pmycndon Pian S 13,000.00 S 1 J,000.00 50 00 t0.00 513.000.00 100.000 f0.00 so.00 513,000.00 PER LS 1.000 1000 0 0 1.000 0 0 I 06 Blasl Wall 5273,000 00 f27?.000 00 EO 00 f0 00 S?72,000 00 100 000 EO 00 50.00 5272.00Q.00 PER LS I.060 IOCO 0 6 1.000 0 0 107 BIutW'allFaunda�ion 5105,000.00 S�O5,000.00 SD.00 5000 S105,000.00 100000 5000 SOOU f105.000.00 PER LS 1.000 1000 0 0 1.000 0 0 I 08 Fcncc B'Pcnma�cr E I 10,675 00 SO 00 50 00 50.00 f0.00 0 E t 10,675 W 50.00 5475 00 PER LF 23J 000 0 0 0 0 233.000 0 1.09 Frnc�8'Clwin Lin6 E360.00 SO 00 ;O.tlO f0.00 f0 00 U f360 00 SD 00 SI'.00 PER LF JO.OUO 0 0 0 0 70�00 0 I.10 fcnce 10'Cham Linl: 53,360 00 SO 00 50.60 SO 00 SO 00 0 E3J6D 00 f0 00 514.00 PER LF 240.D00 0 0 0 0 ?40.000 0 I.I I Demo Exisiins Blast Wall&founda�ion S?0,000 QO f20.000 00 50.00 f0.00 S?0,000.00 100.000 SO 00 SO OQ f20,00000 PER LS 1000 1000 0 0 1.060 0 0 I 12 Dcmo Exisiing Bl�s�Pad Pa�crnent&Dispwal 523,7�2 00 S30,J6a 00 EQ.00 f0 00 S30AN.00 12R S'_9 (56,76?00) 50.00 SI4.00 PER SY 1693000 2176000 0 Q ?176.000 -083.000 0 1 13 Dcmo Existing Fcncc f?.700 00 SU.00 50 00 SO 00 50.00 0 S'_.700 00 f0 00 EI0.00 PER LF ?7QQ00 0 0 0 0 2�0.000 0 I 1-0 UnclnssificdExcavation-Expon 59.67500 527,5a000 SOUO f000 f37.SJ000 2fla.651 (517,863,00� E0.00 543.00 PER CY ?15000 612,000 0 0 61?.000 -397.000 0 1.15 PawmentMuA�ngs.3'W�deChevroNDemarcauo� 51,380.00 S'_.78000 5000 f0.00 52,38000 IOU.000 50.00 f0.00 S IJ 00 PER LF 170 000 170 000 0 0 170 000 U 0 1 ib Hydrosecdmg 57.000 00 f7.Q00 00 50.00 SO 00 57,000.00 100 000 f0 00 50.00 57.00000 PER ACRE 1000 IOUO U 0 I,000 0 0 117 SinkholcRcmcdiatiav 55,400.00 5000 5400 f0.00 f0.00 0 f5.40000 5000 Sd5.00 PER SY 120 000 0 0 0 0 I?0.000 0 I.IB CrusbcdAggngatcBascCoursc fId.832.00 S'_R,800,00 SO,OQ 5000 E28,SOO.OD 19J 175 (SU.96800) 5600 � AGENDA ITEM #7, t) APPLICATION FOR PAYMENT rnce?oF s rnces APPLICATION NO.:00005 PER{OD TO:6,'1/2015 PROJECT NO.:CAG-i4-008 A 8 C D E F G H I WORK CQMPLETED WO� ANDSTORED BALANCE LINE SCMEDULED FROMPREVIOUS COMPLETED STORED MATERIALS y° TO ITEM10 DESCRIPTION VAIUE APPLIGTION iHISPER100 MATERUILS TODATE COMPLETE PWISH RETAINAGE i7?.00 PER CY ?06000 d00.000 0 0 400.000 -19J.000 0 1.19 Existmg Basc Resradc and Rc Compaclion SA,666.00 5A,66b.00 EO 00 SD 00 58,666.00 100 000 SO 00 SOAO f7.00 PER SV 1238000 1?38000 0 0 1238.000 0 0 I:!0 1%?"PlaniAlix,Pavcmrn�Ciassll S3',B80.00 547.847.60 5000 f0.00 SJ7.B47.60 IJS.SP_ (E14,96'1.60) 50.00 f 120 00 PER TONS ?74 000 398 730 0 0 398.730 -12J 730 0 I.?1 Manhole�CB,AdjusttoGredc SWO.QO S(r30.00 5000 50.00 f6i0.00 100000 5000 50.00 S3?0.00 PHR EA 2,000 2000 0 0 2000 0 0 1.22 Typc�CB 57,60000 511.40000 5000 f0.00 f1I.40000 I50.000 (f3,800.00) 50.00 f I.900.00 PER EA 4 000 G 000 0 0 6.IX10 -?.000 0 I.73 Typc 2 CB f3,300 OU SO 00 S6 00 fD 00 50.00 0 57,300 00 SO 00 f3,30000 PER EA 1.000 0 0 0 0 1.060 0 1.2a StoonDrainPipc,6"DI 511.655-06 St3.78900 f0.00 f0.00 Si2,T89.00 109.730 (51,134.00) 50.00 f6100 PER LF 185,000 203000 0 0 ?07.000 -IB.000 0 115 Sionn Dnin Connation to Ezisting 51.200.00 f I,B00 00 SO 00 f0 00 SI.800,00 I50 000 (I600.D0) SO 00 5600.00 PER EA 2-000 3 000 0 0 3 0�0 -I 000 0 I 26 Stortn Drain Fawidation Ptntlaiion 57.800 00 50.00 f0.00 SO 00 50.00 0 E3,900.00 50.00 f 1.900.00 PER EA ?.000 0 0 0 0 ?.000 0 1 27 Blast Wali Cmdwt Wuc&Relaatc Obst L�yhts f4,000 00 54,000.00 f0.00 f0 00 54.000.00 I W 000 f0 00 f0 00 f4.00000 PER IS I.000 I,000 0 0 1000 0 0 1.28 Rcloca�c Existmg Electri�al Mc�cr 8 Pmel f6,000 00 f6,000.00 f0 00 SO 00 26.000.00 100.000 f0 00 f0.00 56,000.00 PER EA I-000 I.000 0 0 L000 0 0 I 29 Sparc 2"Conduit in Trcach f7.9I0.00 57.910 OQ 50.00 50.00 57,910.00 100.000 50.00 Sa.00 57 00 PER LF I 130 000 I UU.000 0 0 1 I 30 000 a 0 I 30 Spare 3"Condwt in Trrnch S7,tl00.00 57.800.00 SO 00 f0.00 57,800.00 100 000 SO 00 SO 00 f 5 00 PER LF I560 000 1560 000 0 0 1560 000 0 0 �.l I Sp�rc 4"Conduu in Trcnch 57.�00 00 S?200 00 50.00 SO 00 57,200 00 100 000 50.00 SO 00 56.00 PER LF 1300 000 I?00 000 0 Q 1200 000 0 0 1 3? 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REM iD OESCRIPTION VALUE APPLICATION THIS PERIOD MATER;ALS TO OATE COMPLETE FtNISH RETAINqGE 2 W Tcmp Fcncmg,Bamcades aad FaaLUes S 1,200 00 51,200�0� f0.00 50 00 f 1,200.00 100 000 S0 00 f0 00� SI.200.00 PER LS I-000 I.004 0 0 1.000 0 0 '�.. 2 OS Topsoil u Pl�ni Hcd(8"Dcpih) SB,SSl.QO 57.800 00 SQ75 00 50.00 f8,775 00 99.119 578 00 SO OQ SJ9.00 PER CY 227.000 ?00000 25.000 6 ??5.000 2.000 0 2 06 TopsoJ u Lawn Arcas Landsidc W") S'_O,a75.00 S 19,500.00 59�5.00 SO 00 S?0,4)5.00 100 000 50,00 50.00 539.00 PER CY 525.000 SOU 000 25 OOU 0 5?5 000 0 0 ?07 Mulch 54,263 00 SO 00 f4,?63.00 SO 00 Sa,?63 00 100 000 SO 00 50.60 f4900 PER CY 87.000 0 8?.000 0 87.000 0 0 ?.08 Trcesl-12"Cd f1,05000 51,050.00 5000 50.00 SIA50.00 100.060 50.00 50.00 SJ50,00 PGR EA 3 000 3 000 0 0 J.000 0 4 '09 Shrube(?Gai) ffi,33(,00 53,528.00 50.06 50.00 f7.5?B W 55.68? 52.808.00 50.00 524.00 PER EA 264000 147.000 0 0 Id7000 1I7.000 0 2.10 Shn�bspGal) 5�,66000 Sd90.00 5450.00 SD00 5940.00 SG6'!7 572000 50.00 SIO.OD P£R EA 166.000 49.000 JS 000 0 9J 000 72 000 0 2,!I Pacnnmis Q Gal) S7?09 572.00 SO 00 50.00 S7?00 100.000 T0.00 50.00 S?4 00 PER EA 3.004 7 000 0 0 3 O(10 0 0 2.12 Pcrrnni�ls(IGaI) 58,530.00 56.97000 50.00 E000 56,970.00 81712 51,56000 56.00 f10.00 PER EA 953.000 697.000 0 0 697.000 Ii6.900 0 ?.!3 Omomanlal Grass�s(?Ga1) 56'1200 S67?00 f0 00 50.00 56)2.00 100 D00 SO 00 f0 00 S?4.00 PER EA 28 000 28�00 0 0 ?H.000 0 0 ?14 OmamcnWlGtasscs(IGai) f2,650.00 S?.68�00 5000 5000 52,68000 10113? (53000) f0.00 S 10.00 PER EA ?65 D00 268.000 0 0 268 000 -3 000 0 ]IS Bul6s 52.000.00 SI.00000 50.00 50.00 S?,000,00 100.000 SO00 SO00 S_'.000.00 PER EA t.000 1000 0 0 I000 6 0 ?16 Hydroseed Lmvn LarAside f 1?.?5.00 SI2,225.00 f0 00 EO 00 f 1?,2?3 00 100.000 f0.00 50.00 f7 00 PER SY 40'75 U00 J075.000 0 0 4075.000 0 0 ?17 NewQuickCouplierV�hcs f450.00 fJ5000 50,00 50.00 E45000 100.000 f000 50.00 SI50 00 PER FA 3.000 3.000 0 0 3 000 0 0 ?.18 Turf Ncas hlcdium Rowrs or M1IP Roias S 14,669.60 5 W.�700 00 f269,60 SO 00 S IJ.669.60 100.000 50.00 50.00 50.40 PER SF 3667J.000 76000.000 67J 000 0 3667J.000 0 0 I 19 Ground Cova or Plam Bcds-Spray f3,657.60 53.657.60 f0 00 f0.00 f3,657.60 100.000 SO 00 SO DO 50.40 PER $Y 91ia,000 9144000 0 0 9144000 0 V 220 ESP-MEConwtltt(45utions) 51,80000 SI,B0000 E0.00 50.00 51,80000 100.000 f0.00 f0.00 f1,800.00 PER EA �.0�0 I.000 0 0 I.Q00 0 0 ?21 CamrollaExpans�onMadulcs(7Sta�ions) 51.500.00 SI.S00.00 f000 f000 f1,50000 100.000 f000 SQ.00 fl,snnoo PER EA f.000 t.000 0 0 I.000 D 0 222 CommlkrExpansionRloduics(65taiion�) Li,000.00 S'_,000.00 52.00000 5000 Sd,00000 100.000 50.00 50.00 AGENDA /TEM #7, t) APPLICATION FOR PAYMENT PAGE 4 OF S PAGES APPIICATION NO.:00005 PERIOD TO:6;Ii2015 PROJECT NO.:CAG-14-008 A 8 C D E F G H I wowc COMPlETEO W ORK AND STORED BAUNCE � L1NE SCHEDt1LED FROMPREVIOUS COMPLE?ED STOREO MATERULLS % T� ITEM 10 OESGRIPTION VALUE APPLICATION THIS PERiOD MATERIAlS TO DATE COMPLETE FINISFI RETAINAGE f?,00000 PER EA 2.000 1000 1000 0 ?.000 0 0 2?3 ControUcrEndosurr5�iinlcssS�ec1 51.10000 St.l00.Q0 EO-00 50.00 51.100.00 IOD.090 5000 f000 SI.100,00 PEit EA 1.000 IOOU 0 0 1000 0 0 �. 2 24 Elenrieal Wod:m Install Controllcr S 1.500 00 57i0 00 f750.06 SO 00 51.500 00 100.000 SO 00 50.00' S I.500.00 PER LS 1.000 0 500 0 500 0 I.000 0 0 2?5 JackarBorcUndcrRoadway f1,80000 SI.BOU.00 5000 f0.00 Sf.80000 100.000 5000 50.00 f75.00 PER LF ZS.�00 ?4 000 0 0 24 000 0 0 . 226 AlamlmcExtcnsinn�o5fro S3,W000 f0.00 SI,500.00 fOW f1.50000 50000 f1.5000D 50.60 530.60 PER LF IOOA00 0 50 000 Q SO.00D 50.000 0 2.27 4"CPP PIaM Bcd Undcr Draine f-0.600 00 5�.6Q0 00 SO 00 50.00 S4,6tl0 00 100.000 SO 00 SOAO SI0.00 PER LF d60.000 d60.000 0 0 Jb0000 0 0 219 6"PVC La�cral Conncctions f780.00 5780.00 50.00 50.00 f780.00 100.000 5000 SO 00 SI500 PER LF S'_'.000 5?.00Q 0 0 52.000 0 U 2]9 4a6 Coanecuons S?.000.00 f0.00 f'_.000 00 SD 00 f2.000.00 100 000 S(100 30.00 f500.00 PER EA 4.000 0 4.000 0 4.000 0 0 230 Unclass�fiedExcnration-Ezpan S80.Sa1.00 535.964.00 518:79.00 f0.00 f5d,24300 671J8 526,296.00 50.00 527.00 PER CY 2981.000 U3?A00 677.000 0 '009 000 974 00Q 0 2 31 Lower Ligh�Polcs Along Artpon Way S10�00.00 516,?00 00 SO 00 50.00 S10�00.00 100 000 5000 SO 00 f1.700.00 PER EA 6000 6.1100 0 0 6.000 0 0 � - 'SUKIMA'RYSCHEDUCE7fI'"' """'"""""S90,D0000""""""� ' 50.00 '�" "" f0,06 -5000 50.00 "` 0 590,[l01100� 50.00 " ' f90,000 00 PER LS (000 0 0 0 0 I 000 0 N'SSTC�9.5!�. f116,�74I4 587.630A0 S8.IQ5.10 50.00 593.775.5� 81.98J 5?1.0J96J 5000 fL00 AER l.S 116775.H0 A7630.400 8105100 0 95735.300 2t039.6a0 0 ] Changc Ordcrlt3 Archcological Dcl�y E 1.764 37 f0 00 S 1.76a.33 50.00 f 1,76J)i 100 000 SO 00 S�00 SI00 PER IS 1764.3SQ 0 176�.J30 0 17N.330 0 0 � ��ouK�.nu�,.�"7�St�tt1'cM�rP..;.,w..,r.,,.. 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I A�15EOBIDITEM9 � ._.COM1PLETEDTO � PREVIOU6 I DUETMS M I �� 1 OUINT.IUN�iS 171tICE IBIOTOTQS IUUM11. 1 TOTALMiT.I OATE. I 1 E3TMM7E ._,_I ' N0. I DEBCRIPTIDN 1 I 1 I I t I OWNT. �AMWM IOUANi.I A►�IXMT Ia1ANT.IM�OUNT.� !CNl7WEpICU1STWAlLAKTWOfOCANDBWTWqLLUGHTING _ __ _ __'_ 1 I I 1 J I I I 1 . I ..! � _ I��ULE�I _". _ ___'__ 1 E5T I 3 90.000 00 1 S oO.OW 00 1 i I 01 f • I 1 S - I 01 i .. ... I j31 IYpgflfL177tMV ' " � 1 f.5� �1 ,_ _ S �-� I S , 0 S - I I f OI f • I 102 IS�FET'ANO 6ECqPotY � 1 LS 1 _� . S __ I 1 S ' ' _—i l� 0 f 01 i - � J07 IPROJELT6URVEYANOSTAKEWt il5 f � I IS - .-- 0 i �--�--'f — p S _` ' 01t " ' _ _ _'_ I0W ISTATCNSTWORK __" '. __._ t lS ____ '_ i � 1 - I S i �___ q S _._ 1 _ S _- • i .-- ul f - 3.65'IFtOWIRT WAII �-- ---�'��- ��- 1 L.7 �..R_ i __ 1 f I 01 S I 01 S . ff1 01 f � 70! i0(TEPoONUC±t�T9 � ____ ��... t lS_.._'—� _ ' _ .'s.._____�_.� _ s, _�_..._.-.�o = �� 0 S v....~'��1�� U S__.__ , I" � S .. T i_ �_� 4� . 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I 1 I I I S - I 1 i - I I i I i - � Pap�1 AGENDA ITEM #7. t) PROIECT:LOWER BLAST FENCE PROIECT CONTRACTOR:GARY MERUNO CONSTRUCTION CONTRACT:CAG 14-088 GARY MERLINO CONSTRUCTION CONTRACT CAG 14-088 � Schedule � Desc�iptiori t Origin5{Contnct � CO Total � Total � 1 � Biast Fence � $905,274.83 � -$75,281.46 � $829,993.37 � II � Landscaping � $248,740.42 � $24,743.78 � $273,484.20 � iii � Am�►o� � S9s,sso.00 ( -S9s,sso.00 � So.00 , Contract Total $1,103,477.57 Change Order Summary Chan�ert Order Total of�Cha�e CO N I Date I Description OrdePs Cumulative Total Schedule Increase contract duration f�om 76 to 106 calendar days due to delay in materials 1 03/OS/2015 delivery $0.00 $0.00 2 � 03/OS/2015 � Remove Schedule 111 from original contract � ($98,550.00) ( ($98,550.00) 3 3 � 03/OS/2015 � Additional charges for archeologist � $1,931.94 � ($96,618.06) 1 Increase contract duration from 106 to 166 4 ( 03/05/2015 I calendar days for landscaping changes I $0.00 ($96,618.06) Delete Bid Item 1-08,1-09 and 1-10/Add Install Temporary&Permanent Perimeter 5 03/05/2015 Fencing ($99,523.63) ($196,141.69) 1 6 , 03/05/2015 � Add saw-cut&seal asphalt to concrete joints � $5,272.82 � ($190,868.87) 2 Add Pothole for�ber optic/lighting revision/install filter fabric/quick coupier irrigation valves/remove unsuitable 7 06/24/2015 materials $19,470.96 ($171,397.91) 2 8 07 09 2015 Add re lace dama ed asbestos i e 7 694.96 163 702.95 1 I / / I P 8 PP I S . Ics , � Reconciliation between estimated bid � 9 I 07/29/2015 I quantities and actual quantities I $14,615Z7 I ($149,087.68j 1 Change OrderTotals= ($149,087.68) 1096 of Tota)Contract= $125,256.53 H:\File Sys�AIR-AirporL T�ansporhtlon Services ONision\03 Projeds\01 Tasks�Agenda BiUs\2015 Agenda B�Is�Ag BAI-Gary Merlino Claseout-Blast FenceWg bill-Gary Mertino CAG 14-088 closeout.doc A GENDA I TEM #7, t) �,�,Q,S'�'ATg�� O;" �''fin <��T' ��+,,�� ?, Oy +y�taeo� NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 600584952 Date: 07/29/2015 -- .._..___---._^�,,,,.�m__�..�.�---------�:- --•-----�- - -- - - ---- - Name&A�dress of Public Agency,_. .:_ ... .�: .., _..�....__...._.__ _�.Deparfinent sU e�On1Y:� _ ..._. . ._ City of Renton Assigmed to: Attn: Natalie Wissbrod 1055 S Grady Way, Renton WA 98057 Date Assigned: UBI Number: Notice is lrereby give�r relative to tl:e coneplehio�r ojcontract or project described below Project Name I Contract Number I Job Order Contracting Blast Fence Replacement Prolect CAG-14-088 ❑ Yes ❑x No Description of Work DoneQnclude Jobsite Address(es) Remove and replace existing blast fence, install new perimeter fencing, landscaping, lighting and irrigation Federally funded road transportation project? ❑ Yes � No Contractor's Name ITelephone Number IAffidavit ID* Gary Merlino Construction Company 206-762-9125 Contractor Address 9125- 10th Ave S, Seattle,WA 98108 If Retainage is Bonded,List Surety's Name(or attach a copy) Travelers Casualry and Surety Company of America Surety Agent's Address see attached bond Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 09/15/2014 I 11/7/2014 I 04/16/2015 I Contract Amount $ 1,143,895.20 Additions (+) $ 44,736.03 Liquidated Damages $ Reductions ( -) $ 180,889.16 Amount Disbursed $ 1,103,447.57 Sub-Total $ 1,007,742.07 Amoun[Retained $ Amount of Sales Tax Paid at 9.5% (Ifvarious rates apply,please send a breakdown) $ 95,735.50 TOTAL $ 1,103,477.57 TOTAL $ 1,103,447.57 NOTE: These two totals►i�ust be equal Please List all Subcontractors and Sub-tiers Below: Subcontractor's Name: �UBI Number:(Required) �Affidavit ID* Quality Fence Builders Inc I 601206501 I 586654 Salinas Sawing&Sealing Inc I 601717158 I 577225 I Trenchless Const Services LLC I 601961605 I 575243 I Northwest Asphalt Inc I 601556048 I 570504 I Mulier Construction LLC I 603391521 � 570423 Cruncher Construction lnc I 602038615 I 568589 Green City Inc I 601196371 � � PLS Inc I 601979933 I F215-038-000 07-2012 REV 31 0020e(07/06/12) Continued on page 2 AGENDA ITEM #7. f) Please List all Subcontractors and Sub-tiers Below: Subcontractor's Name: �UBI Number:(Required) �Affidavit ID* Pioneer Cable Contractors Inc I 600464320 I Apply A Line Inc I 600553941 I � � � � ( � � � � � � � � � � ( � � � � � � � � � � � � � � � � � � � � � � � � � � � � _,��- .:- -..�., . _ .._. __--- - . _ . - - _ _ �... ... ,� . _.. . ..�.. . , , Goiriments: _. . . _. .. _, •-, � . . ..:.. ,.. .. .:�....�_ .. ,. _»� _. _., .. Contact Name: Natalie Wissbrod Title: AccounUng Assistant Email Address: nwissbrod�renwnwa.gov Phone Number: azs-aso-se�e Note:The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FIINDS until receipt of all release certificates. Affidavit 1D*-Provide known oncs at thls time.No LNI release will be granted unNl all affidavits are completed. SubmitHng Form:Please submit the completed form to al�three agencies below.For a faster response,please submit by e-mail. Washington Stale Wuhington Stata .�' Waahinpton Sbta � D�putmerN of Ravanw DepaRment of Labor and Industries �Empioymam Sacwity Dapartmaet Publk Works Soetian ConUad Ralease RsQiaUation,Inquiry,Sfandarda 8 PO Box 47474 PO Box 44274 Coordinatlon Unk plympe WA 985047474 Olympia,WA 98504-4272 PO Box 9046 (360)72S758B (360)802•5772 Olympia WA98507-9046 FAX(360)684d159 FAX(360)902-6897 (360)902-9450 PWC(�dor.wa.gov ConVactFtelease�lni.wa.gov Fauc(360)902-9287 publicworks�esd.wa.gov For tax assistance or to request this document in an alternate format,visit http:l/dor.wa.gov or call 1-800-647-7706. ' Telerype(TI'Y)users may call(360)705-6718. , F215-0J8-000 07-2012 I REV 310020e(07/06/12) I AGENDA /TEM #7, u) ...� _ CITY OF '�'��i�� ` ent�on • • • . • .. � SUBJECT/TITLE: Project Acceptance: 800 Building Final Improvements—Forma Construction JOC,CAG 13-149,Work Order 36-15 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 . . . ,,. ...... , , . _ . ,.. <,.,,....,. _ . Expenditure Required: $ NjA � ' Transfer Amen�ment � $ NjA Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: 190,5Q1.11 City,Share Tota�.Pro��ct� � $.N,/A ... . . . . . . . ...9J . . � . :4.w a"1P. , - _ .. , _ _ .. J..Y.w:•�',k^_ dGr r .�+�"6..t ., ._ .. e_.. _ ..< . . � � � � � Notice to proceed was issued to Forma Construction Company on April 13, 2015 for the 800 Building Final Improvements Project under JOC Work Order 36-15 to CAG 13-149. The project was physically completed on June 16, 2015. The City has recently received the necessary information to initiate closeout of this project.. : A. Final Pay Estimate 3 B. Notice of Completion of Public Works Contract , � � • �� • Approve the closeout of Work Order 36-15 to Forma Construction's JOC contract CAG 13-149 for the 800 Building Final Improvements Project in the amount of$190,501.11 and release the retainage bond once all required releases are obtained. � __ _ AGENDA ITEM #7. u) TO: FINANCE DIRECTOR FROM: AIRPORT MANAGER COMRACTOR: Forma Construction Company CONTR.ACT NO. CAG 13-149 WO#36-15 ESTIMATE NO. 3-FINAL Building 800 Final Improvements & E Perimeter PROJECT: Road Electrical DATE: July 0�,2015 1. CONTRACTOR EARNINGS THIS ESTIMATE $1,664.90 2. SALES TAX C 9.5% $158.16 3. TOTAL CONTRACT AMOLJNT THIS ESTIMATE $ 1,823.06 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $172,308.73 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $1,664.90 6. SUBTOTAL-CONTRACTOR PAYMENTS $173,973.63 7. RETAINAGE ON PREVIOUS EARTTINGS $0.00 S. ** RETAINAGE ON EARNINGS TF-IIS ESTIMATE $0.00 9. SUBTOTAL-RETAINAGE $0.00 10. SALES TAX PREVIOUSLY PAID $16,369.32 1 l. SALES TAX DLTE THIS ESTIMATE $158.16 12. SUBTOTAL-SALES TAX $16,527.48 * (95%xLINE1) *'' (RETAINAGE: GRANDTOTAL: $190,501.11 FINANCE DEPARTMENT ACTION: PAYMENT TO CONfRACTOR(Lines 5 and 11): ACCOUNT 422.725088.016.594.46.63.000 $1,823.06 $1,823.06 RETAINED AMOITNT(Line 8): ACCOUNT $0.00 TOTAL THIS ESTIMATE: $1,823.06 CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION �,?t+_ �_�rv�C�S';`��G�a!ttRE9Y CFR'Fv�;v�-R GChA�'Y p� rERJUkT,1NA' `%+�!AA'ER'A;5 NAvE B�Eh�.JRti'SNE';, INE SERNCES REVDERE�OR TNE tABr,R PERfORMEO AS QESCR!Bt0 HERE�N,AN�TNA?'NE f,�pll�IS A JU�?,OJE ANO UNPNp aBI�GAi!Ory P.GNNSi T.{E C'Y 0�REtv?JM,MU��'NA�I A!A A�TNOR'LLJ'C A_i7kFN"�A'E MiC CER'FY 7�ShD�WM SIGNED '��C�/�-'" �-�'" .�i✓/L-�'a�' � ; a AGENDA ITEM #7, u) � _ ,R.,.,,.. � . WN'IFUt(:1'NU..'. .1 .. uavo�cE wre: , ( xavacr�.No � ��,� 'r.��,�r, ;-, CAG-13-149 I 7�712015 � 3 Final f`��r J��( �•'`y:� WO#36-15 i r _ VENOOR'S CERTIFILATE I HEREBY CERTIFY UNOER PE WV.TY OF PERJURY THAT T}IE REMS ANO ,, , , ,, , T0T�15 Li5TE0 HEREIN ARE PROPER CMARGES FOR MATERIILS,MEACHANDISE OR SEHVICES AGENCY NAME Ft1RNISMEO TO THE STATE OF WASNIPK,TON,ANO hIAT ALL GOODS FIMiNiSMED OR SEFIVICES ' - ` � qEN0ERE0 MAVE BEEN PROVIUED WRFpUTOISCRIMINATION ON TFI£GROUNDS OF RACE CREF.�,COLOR NATION�L ORIGIN.SEX,OR AGE.TMAT PREVAlLiNG WAGES NAVE BEEN PNO M ACCOfiGANCE WITH iHE PREFIf.ED STATEMENf OR STAlEMENTS OF INTENTON FIIE WiTM THE OEPl1RTMENT OF 1A00R AND IND[1STiilES AS APPfiOYED 9Y THE INQUSTRNL STATISTICIAN. �Renton Airport � AN�THAT ALL SUB CONTRACTC7RS AND/OR SUPPLIERS HAVE BEEN PAID LESS EARNED 6�6•PenmBtBf Rd W RETAINAGE AS TNEIR INTERE5T APPEARED IN 7HE LAST PAMIENT RECEIVE� Renton,WA 98057 PM In Charge: Jonathan Wiison t Forma Job# 14075-36 I Ctty of Renton Job p 36 contract ror Butiding 800 Final Improvements 8 E.Perimeter Electrical �ocation Renton WA 9805T VENDOR�R GtRIMANT ----- —______------ ----------- ---- FEDERAL TAX ID NO.: 9�-�3�9904 Forma Construction Co. FAILURETOPR Vlp 1 5 BEHWI RESU YOFPAYMENT PO Box 11489 aY �� Olympia,WA 98508 Y S,°„,""� Tine Project Manager � DESCRIPTION I AMOUNT :,, ''�FORAGENCY + USE .. � Total Earned to Date $173,973.62 Plus 9.5% Washington State Sales Tax $16,527.49 Gross Earned to Date $190,501.11 Less �% Retained IReWined Percentage on Total Amount Eamed to Data I $O.00 Not Including Sales Tax Net Earned to Date $190,501.11 Less Previousiy Invoiced $188,678.05 ` AMOUNT DUE THIS INVOICE $1,823.06 �PqEPMEO BY ITtLEPHONE NUMfiEH IOATE IAGENCYAPPROVAI IDATE � DOC OATE PI�R DUE OATE ICURRENT DOC NO REF DOC NO vENDOR NUMBER USE VENDOq MESSAGE U81 NUMBER M 1MS761tIYUkX 'SUtl WUNK GU GIIYI � � � NEF TRANS O FUNO MPEN PROG $UB� 3(18 OFiG CUSS BUOG TOWN PR�ECT . 9U8� .PN0.1� � AMOUNT INVqCENUMBER SUF COOE 0 INDEX INDE% �OBJ�"OBJELT INDE7( AILOC UNIT MOS AROJ PiNS � APPROt ED FOR PAYMENT BY D�TE WARRANT TOTAL WARMNT NUMBER WQ#14075-3E�,�nv#3 FINALx�c, , � , AGENDA ITEM #7. u) � STATE OF WASHINGTON APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For period from: 6/8/2015 to 6/26/2015 cor,crac�for: Building 800 Final Improvements&E.Perimeter Electrical Date: 7f7/2015 �ocac�on Renton WA 98057 Certificate No.: 3 F1�01 conuaccor: Forma Construction Co. Contract No.: CAG-1Y149 WO#36-15 Origina!ConGact Amount: $173,973.62 Net change in Cont2ct Amount to Date: $0.00 Adjusted Conlract amount $173,973.62 ��r.v SCHEF�ULk�UF VqWE5 ESTIMq'CED Alulf)WKi °� PR�VIUUSt-Y 7MIS . r+o. DETAIL VALUE EARN�b - CLAIM�[5.... INVOICE... t General Conditions $49,035.19 $49,035.19 �oo°io $48,000.00 $1,035.19 z Site Construction $15,586.70 $15,586.70 �oo^ifl $15,586.70 $0.00 3 Concrete $0.00 $0.00 aoivro± $0.00 $0.00 a Masonry $14,300.55 $14,300.55 �00% $14,300.55 $0.00 s Metals $2,058.06 $2,058.06 �oo�rs $2,058.06 $0.00 s Wood S Plastics $0.00 $0.00 aoiv�o! $0.00 $0.00 � Thermai 8.Moisture Protection $62,105.18 $62,105.18 ioo�ro $62,105.18 $0.00 s Doors,Windows&Glass $9,535.48 $9,535.48 �oo°� $9,535.48 $0.00 s Painting& Finishes $15,296.97 $15,296.97 ioo°� $15,296.97 $0.00 �o Specialties $0.00 $0.00 #oivio! $0.00 $0.00 >> Equipment $0.00 $0.00 #oiv�o! $0.00 $0.00 �z Furnishings $0.00 $0.00 aoivro! $0.00 $0.00 �a Special Construction $0.00 $0.00 #oiv�o! $0.00 $0.00 ia Conveying Systems $0.00 $0.00 aoiv�o! $O.dO $0.00 �s Mechanical $5,425.78 $5,425.78 �oo°io $5,425.78 $0.00 �s Electrical $629.71 $629.71 �oo�ro $0.00 $629.71 i� Non Priced Items $0.00 $0.00 #oivJo± $0.00 $0.00 �a Changes ��N�o� �s Change Orderl�l $0.00 $0.00 #olwo! $0.00 $0.00 $0.00 $0.00 aDIVlO! $O.00 $0.00 . SUBTOTAL $173,973.62 $173,973.62 �00% $172,308.72 $1,664.90 TAX 9.50% SALES TAX �16,527.49 $16,527.49 $16,369.33 $158.16 TOTAL $190,501.11 $190,501.11 $188,678.Q5 $1,$23.06 Less Retainage. 0% ......................... $0.00 $0.00 � $0.00 NET $190,501.11 - $188,678.05 � $1,823.06 Less Previous Payments.... $188,678.05 Additionai Tax 0.00% $0.00 $0.00 AAAOUNT DUE THIS ESTIMATE 51,823.06 31,823.06 7Ms ie b ceAi�y thal lhe wntrocfar,having compied v�nM Me farme and mndtbns o(Iha above menhoned co�mect,ie Eue antl payahla Irom the Stato of W sshinpbn, the amounl eat ekx'AMOUNT OUE THIS ESTiMATE' „ �na Construction Co. jZ�--.,iz.� /S�'�. ��w--�- (Contraehng Frm) L (ArcMlect a Enprnearl e �aF�� `l. /� � Bv � ��-- ��tt-.� �� ICN / SIGN AND MT E � �'''lr'/�s WO#14075-36 Inv#3 FINAL.xIs �- AGENDA /TEM #7. u) �� City of Renton, Community Service Department � Purchasing 8� Contracting Services Division Revised 10l06/09 Public Works Prevailing Wage Certification ' Project: Citv of Renton JOC— 800 BuildinQ Final Improvements E. Perimeter Elecrtical PW#: CAG-13-149 WO#36-15 Contractor Name: FORMA Construction Companv I certify that the prevailing wages have been paid in accordance with the pre-filed Statement(s) of Intenf to Pay Prevailing Wages on file with the Purchasing 8 Contracting Services Division of the Department of Finance and Administrative Services. This statement covers the following period: 06/08/2015 to 06/26/2015 month/day/year month/day/year The following subcontractors pertormed work on this project during this payment period: 5ubcontraetor Name UBI# Statement of Intent I I Sub'mitted,to.PCSD? IHammer Construction I 603286373 I X YES ❑ NO IEco Electric I 602733400 I X YES ❑ NO IStraight Edge Asphalt 8�Maint. I 602810971 X YES ❑ NO IThermatech Northwest Inc. 601725020 I X YES ❑ NO , ❑YES ❑ NO I I I I I I ❑YES ❑ NO I ` I ❑YES ❑ NO I I I I I ❑YES ❑ NO 1 � I ( ❑YES ❑ NO � II I ❑YES ❑ NO I I f ❑YES ❑ NO l I f I ❑YES ❑ NO 1 I I I ❑YES ❑ NO This document shall be signed by an authorized representative of the Contractor prior to payment pursuant to RCW 39.12.040. Fora3�Construction Companv co tr r �\//�� .� �� Si nature v Date ` 9 (� \ This Certi�cation must be attached to each Prog�ess Estimafe along with any outstanding Statements of Intent fo Pay Prevailing Wages. The City will not approve payments if this Certification or any Statements of lntent ta Pay Prevailing Wages are outsfanding. , AGENDA ITEM #7. u) SECTION 00 73 03 SUPPLEMENTARY CONDITIONS-FINA�SUBC�NTRAC1'OR LIST For pubiic works contracts over$35,000 and completed after September 30, 2009, public agencies must not pay any retained funds to the contractor until the Department of Labor& Industries(l&I}has approved the release of payment. Part of obtaining L&I approval requires public agencies to provide a complete and final list of all subcontractors' who worked on the Project with each respective Tax Registration Number(UBI No.). As a result, the Contractor shall submit a final list of its project subcontractors and UBI numbers, and shall submit this Final Subcontractor List with the final pay application. Work Order No. CAG-13-149 WO#36-15 ( Prime Contractor Name: � UBI Number � AfFidavit ID � ( Forma Construction Company � 600604496 � 588375 ( � Subcontractor Name I� UBI Number � Affidavit ID � � Eco Electric � 602733400 ( 586028 � Westcoast Painting LLC � 602207246 � 585459 � Hammer Construction � 603286373 � 585199 � Straight Edge Asphalt � 602810971 � 582405 � � Automated Door& Gate Co � 601588304 � 579528 � � Thermatech NW � 601725020 � 575958 � � � � � � ( � � � � � 1 I ! I I I I I t I I I I I I I I I I I I I I I I i I � I I I I I I i I I I � I I I I END OF SECTtON 1 L&I defines this as the prime contractor,and each and every subcontractor,required to be registered under chapter 18.27 RCW and/or Ilcensed under chapter 19.28 RCW,that perfoRn any work on a public works project site,and/or is required to pay industrial insurance premiums as a construction company. If an Intent to pay prevailing wage for the sub was filed,the sub should be listed here regardless of tier. 13 March 2013 00 73 03-1 AGENDA 1TEM #7, u) R��SSAt,E.of ��. O � I � .;�]} � x I :7 q Y �H'� IABs v.0 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 600604496 Date: 08/06/2015 .�4��`��ame&�Ad�-�ess o�'P�'lic'�lgency.�.. .._�.-.n ... ,: _.:. f`�� ;De ar,tm�ent-�Ose;O"�'nl�.,` ... .. .,. , �:` ._ . ... wa�:��;�: _P_._.�......_ . Y,�` Attn: Natalie Wissbrod Assigned to: City of Renton 1055 S Grady Way, Renton 98057 Date Assigned: UBI Number: _ Notice is/�ereby give�:relntive to tlre conrpletion of co�itract or project described beloiv Pro,ject Name Cantract Number Job Order Contracting' Buildinq 800 Final Irnprovements&E Perimeter Electricai �CAG-13-149 WO#36-15 � � Yes ❑ No Description of Work Done/Include Jobsite Address(es) Install rollup door, repair roof, paint exterior of building, install conduit and 20amp circuit � Federa1l funded road trans ortation ro ect. ❑ Yes No Y P P 1 � Contractor's Name Telepl�one Number Affida�7t ID* Forma Construction Company I (588375 Contractor Address PO Box 11489,Olympia 98508 If Retainage is Bonded,Lfst Surety's Name(or attach a copy) Surety Agent's Address Date Contract A�varded Date Work Commenced Date Work Completed Date Work Accepted 04/13/2015 I04127/2015 I 06/16/2015 �06/16(2015 Contract Amount $ 173,973.62 Additions (+) $ Liquidated Damages $ Reductions (-) $ Amount Disbursed $ 190,501.11 Sub-Total $ 173,973.62 Amount Retained $ Amount of Sales Tax Paid at 9.5% (If various rates apply,please send a breakdown) $ 16,527.49 TOTAL $ 190,501.11 TOTAL $ 190,501.11 NOTE: Tl:ese bvo totals neirst be equn! Please List all Subcontractors and Sub-tiers Below: Subcontractor's Name: �UBI Number:(Required) �Affidavit ID* Eco Electric I 602733400 I 586028 Westcoast Painting LLC f 602207246 � 585459 Hammer Construction I 603286373 � 585199 Straight Edge Asphalt I 602810971 I 582405 Automated Door& Gate Co I 601588304 I 579528 Thermatech NW I 601725020 I 575958 � � I � F215-038-000 07-2012 �v 3i oozo��o��ob�iz> Continued on page 2 AGENDA ITEM #7, u) Please List all Subcontractors and Sub-tiers Below: Subcontractor's Name: IUBI Number: (Required) �Affidavit ID* I I I I I I I � I I I I � ( � I � I ( I � I I I � I I I I I � I � I I I I � I � I � I � I � I I _�-:_..,. ;-._.._.�_..� __ ,� .._. . _. _ ._.: ,,,.,-,- �;- ,�,- . N�,.9,;.,,9.�. �..�.�;�-,: ,.�.A�,,�.-� .. ,.. ... Gominents:� � .- a, . °��c�a _ . �.< �w...«..:��,=��.,..--.�._...._.-- _- _--.__..__.f;� . _�..... ._�__�..___. ..�_.�._.._.__.�._ _ ..__ .._.�:"��,._ u_ . _ . _._ .. ____ :�,.:_._ _ " � : - :.�� . �...s w - � ,_�:f COItt2Ct NSmC: Natalie Wissbrod Tttle: Accounting Assistant Emait Address: nwissbrod@rentonwa.yov Phone Number: a2e-a3o-sste ►Yote:The Disbursing Ofticer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAMED FUNDS until receipt of all release certificates. Affiduvit ID*-Pravide known ones at this time.No LNI relcuse will be granted until all affidavits are completed. SubmitHng Form:Please submit the completed form to I three agencies belo�v.For a faster response,please submit by e-mail. Washington SWte Washington Stata � Washington State � DepaRmant of Revenue Department of labor and Industries J�Employmerrt Securiry Department . Public Works Saction . Contract Release �-�^-• Registration,Inquiry,Standards 8 PO Box 47474 PO Box 44274 Coordfnation Unit Olympia WA98504-7474 Olympia,WA 98504-4272 PO Box 9046 (360)7257598 (360)902-5772 Olympia WA 98507-9046 �AX(360)6644159 FAX(360)902-6897 (360)902-9450 PWCQdor.wa.gov ConhactReleaseQlni.wa.gov Fax(360)902-9287 p ublicworksQe sd.wa.gov For tax assistance or to request this document in an alternate format,visit http:/idor.wa.gov or call 1-500-647-7706. Teletype(TTY)users may call(360)705-6718. F215-038-000 07-20f2 R�V 31 OQ20e(07i06.'12) AGENDA ITEM #7, v) ..� '�� CtTY OF � �Y1�C)rl � � • • . • -. � SUBJECT/TITLE: WRIA 8 Chinook Salmon Conservation Plan and WRIA 9 Salmon Habitat Plan Implementation Interlocal Agreements for 2016-2025 RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Ron Straka, Surface Water Utility Manager EXT.: 7248 . . . Expend�itu're Requfired: $33,�31 Transfer Amendment: $ NjA Amount Budgeted: $ 33,331 Revenue Generated: $ N/A Totat Proje�Budget �ri ,y y. $333,310e,,,. Cit�r Share 7otal.Pro�ect: $N/A � • • � • Approval of the interlocal agreements between the City and other participating jurisdictions within the Water Resources Inventory Area (WRIA) 8 and 9 is necessary for the continued implementation of the WRIA 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan in response to the Endangered Species Act listing for Chinook salmon and bull trout. The City ratified the WRIA 8 and 9 plans in July and October of 2005, respectively.The 1-year extension to the interlocal agreements associated with developing the plans was approved in November 2005 to allow for a transition from planning to implementation of the plans. In 2006, a 9-year extension was approved to implement recommended actions and activities identified in the ' ratified WRIA 8 and WRIA 9 plans. New interlocal agreements are necessary to continue the implementation efforts to protect and restore the salmon habitat.The new interlocal agreements will fund the resources needed to perform the work associated with the implementation of the plans for the time period of 2016- 2025. The City's share of the cost associated with the WRIA 8 and 9 interlocal agreements for 2016 is$18,040 and $15,291 respectively, for a total of$33,331.The approved 2016 budget currently includes$31,000 for both WRIA 8 and WRIA 9.The funding for future years will be recalculated every three years or when a significant annexation occurs.The total project cost to the City for the 10-year period is estimated to be$333,310, assuming that the City's cost share allocations do not change. : A. Issue Paper 6. WRIA 8 Interlocal Agreement C. WRIA 9 Interlocal Agreement D. WRIA 8 Resolution ' E. WRIA 9 Resolution , AGENDA ITEM #7, v) � � � �� • Approve the interlocal agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan for the time period of 2016-2025. AGENDA ITEM #7, v) PUBLIC WORKS DEPARTMENT ° ��O� '� M E M O R A N D U M DATE: August 19, 2015 TO: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager, x7248 Kristina Lowthian, Surface Water Utility Engineer, x7249 SUBJECT: WRIA 8 Chinook Salmon Conservation Plan and WRIA 9 Salmon Habitat Plan Implementation Interlocal Agreements for 2016-2025 ISSUE: Should the Council approve a resolution authorizing the Mayor and City Clerk to execute new 10-year interlocal agreements between the City and other jurisdictions participating in the implementation of the ratified WRIA 8 Chinook Salmon Conservation Plan and WRIA 9 Salmon Habitat Plan? RECOMMENDATION: Approve the interlocal agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 Chinook Salmon Conservation Plan and WRIA 9 Salmon Habitat Plan for the time period of 2016-2025. BACKGROUND SUMMARY: The Water Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan were completed and ratified by the City in accordance with the interlocal agreements that were approved for their preparation (CAG-01-004 ' and CAG-01-005) in July and October of 2005. The plans were prepared and approved in ' coordination with a total of 27 jurisdictions in WRIA 8 (Lake Washington/Cedar/Sammamish basins) and 17 jurisdictions within WRIA 9 (Green/Duwamish/Central Puget Sound basins). The plans were produced over a 5-year period (2001-2005) by the WRIA 8 and WRIA 9 Steering Committees, which included representative stakeholder groups including cities, counties, environmental groups, business groups, state agencies and citizens. The March 1999 listing of the Puget Sound Chinook salmon as a threatened species under the Endangered Species Act was the impetus for the preparation of these plans. The 1-year extension to the interlocal AGENDA ITEM #7. v) Mr.Prince,Council President Page 2 of 2 August 19,2015 agreements associated with developing the plans was approved in November 2005 to allow for a transition from planning to development of new interlocal agreements for the implementation of the plans. In 2006, the City approved a 9-year extension to the interlocal agreements to fund the staff resources coordination and other resources associated with implementing the actions, projects and activities recommended in the ratified WRIA 8 Chinook Salmon Conservation Plan and WRIA 9 Salmon Habitat Plan. The interlocal agreements funded the staffing resources and resources needed to continue obtaining Salmon Recovery Funding Board grants and used WRIA designated King Conservation District and King County Flood Control District Cooperative Watershed Management grant funding to implement habitat restoration and protection projects and other ongoing activities. The WRIA 8 and 9 staffs have recommended that each jurisdiction agree to approve new interlocal agreements for a 10-year term to continue funding staff resources for coordination and grant management and other resources associated with implementing the plans. As presented to the City of Renton's Council meeting on April 27, 2015, WRIAs 8 and 9 have implemented actions, projects and activities to protect, improve and restore salmon habitat. In the past 10 years 49 projects have been completed in WRIA 8 and 51 are actively in progress. For the same time period in WRIA 9, 23 projects have been completed and 18 are underway. Each jurisdiction's share of the funding is based upon the average of the jurisdiction's population, assessed value, and area within the WRIA, which could change over time. The City's cost share allocations for WRIA 8 and 9 is 3.3%and 3.6%, respectively. The Surface Water Utility will include sufficient funding in the proposed 2016 biennial budget adjustment to fund the cost associated with the interlocal agreements 2016 budget for WRIA 8 and WRIA 9. The City's share of the cost associated with the WRIA 8 and 9 interlocal agreements for 2016 is$18,040 and $15,291 respectively,for a total of $33,331. The approved 2016 budget currently includes $31,000 for both WRIA 8 and WRIA 9. The funding for future years will be recalculated every three years or when a significant annexation occurs. The total project cost to the City for the 10-year period is estimated to be $333,310, assuming that the City's cost share allocations do not change. CONCLUSION: The Surface Water Utility recommends approval of the interlocal agreements between the City and otherjurisdictions participating in the implementation of the WRIA 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan for the time period of 2016-2025. Attachment cc: Lys Hornsby,Utility Systems Director \Kltp AGENDA ITEM #7, v) INTERLOCAL AGREEMENT For tha Watershed Basins within Water Resource Inventory Area 8 PREAMBLE THIS AGREEMENT{"Agreement")is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this agreement that are located in King and Snohomish Counties, lying wholiy or partially within the management area of Watershed Resource Inventory Area("WRIA")S,which includes all or portions of the Lake Washington, Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington (individually for those signing this Agreement,"party',and collectively"parties"). The parties share interests in and responsibility for addressing long-term watershed planning and conservatlon. WHEREAS, the parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in WRIA 8 and wish to provide for funding and implementation of various activities and projects therein;and WHEREAS, Puget Sound Chinook salmon,including the WRIA 8 Cedar and Sammamish populations,were listed as threatened under the Endangered Species Act(ESA)in 1999; and WHEREAS,the parties recognize their participation In this Agreement demonstrates their commitrnent to proactively working to address the ESA listing of Chinook salrnon;and WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed health goals requires a recommitment to, and acceleration of, the collaborative implementation and funding of salmon recovery actions, and WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing e�cient participation in the implementation of such plans;and WHEREAS, the parties took formal action in 2005 and 2006 to ratify the WRIA 8 Plan, and WHEREAS, the parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 to implement the WRIA 8 Plan; and WHEREAS, the parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the ESA; and 1 Final WRIA 8 Inte�local Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) WHEREAS, the parties have prioritized and contributed resources and funds for impiemenbng projects and programs to protect and restore salmon habitat;and WHEREAS,the parties wish to monitor and evaluate implementation of the WRIA 8 Plan through adaptive management;and YVHEREAS,the parties wish to con�nue to use adaptive management for identifying, coordinating and implementing basin plans and water qualiry,flood hazard reduction,water quandty,and habitat projects in the watersheds;and WHEREAS,the parties recognize climate change is likely to affect watershed ecosystem function and processes,and salmon habitat restoration actions are a proactive approach to making the watershed ecosystem more resilient to changing conditions,which supports watershed health for human communities and salmon populations;and WHEREAS,the parties have an interest in parGcipating on the Puget Sound Salmon Recovery Council and other groups associated with Puget Sound recovery because of the c�tributions of the Lake Washington/CedadSammamish Watershed to the overall heaith of Puget Sound and to collectively seek funding to Implement the WRIA 8 Plan;and WHEREAS, the parties have an interest in participaGng on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the WRIA 8 Plan;and YVHEREAS, the parties have an interest in supporting implementadon of the Puget Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon recovery and WRIA 8 priorities;and WHEREAS.the parties recognize the importance of efforts to protect and restore habitat for multiple speaes in the Lake Washington/CedadSammamish Watershed, including Lake Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery efforts with these other efforts where there are overlapping priorities and bene8ts;and WHEREAS, the parties have an interest in achieving multiple benefits by integrating saimon recovery planning and actions with floodplain management,water qualiry and agriculture; and WHEREAS, the parties recognize that identification of watershed issues, and implementatlon of salmon consenration and recovery actions may be camed out more efficiently if done cooperatively than if camed out separately and independently; NOW, THEREFORE� in consideration of the mutual promises, benefits and covenants contained herein,the parties hereto do mutualiy covenant and agree as follows: 2 Final WRIA B Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement,the following terms shall have the meaning provided for below: 1.1. ELIGIBLE JURISDICTIONS:The govemments eligible for participation in this Agreement as parties are the Counties of King and Snohomish;the cities of Bellevue, Bothell, Brier, Clyde Hill, Edmonds, Everett,lssaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Renton,Sammamish, Seattle, Shoreline,Woodinville; the towns of Beaux Arts, Hunts Point,Woodway and Yarrow Point; and other interested public agencies and tribes. 1.2. WRIA S SALMON RECOVERY COUNCIL: The WRIA 8 Sa/mon Recovery Council created herein is the governing body responsible for implementing this Agreement and is comprised of inembers who are designated representatives of eligible jurisdictions who have authorized the execution of and become parties to this Agreement. In addition, the WR/A 8 Sa/mon Recovery Council includes members who are not representatives of the parties and are comprised of a balance of stakeholder representatives and any other persons who are deemed by the parties to this Agreement to be appropriate for the irnplementation and adaptive management of the WRIA 8 P/an. The appointed representatives of parties will appoint the members who are not representing parties, using the voting provisions of Section 5 of this Agreement. 1.3. LAKE WASHINGTONICEDAR/SAMMAMISH WATERSHED(WRIA 8)CHINOOK SALMON CONSERVATION PLAN,JULY 2005: WRIA 8 Plan as referred to herein is the three volume document, and any subsequent updates adopted in accordance with the procedures provided for in Section 6 below,developed in partnersfiip with stakeholder representatives and ratified by the parties to this Agreement for the purposes of preserving,protecting,and restoring habitat with the intent to recover listed species, including sustainable,genetically diverse,harvestable populations of naturally spawning Chinook salmon. 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of five(5)elected o�cials or their designees which elected officials are chosen by the party members of the WR/A 8 Salmon Recovery Council>according to the voting procedures in Section 5,and charged with staff oversight and administrative duties on the WR/A 8 Salmon Recovery Council's behalf. 1.5 SERVICE PROVIDER(S�: Service Provider(s), as used herein,means that agency, government, consultant or other entity which supplies staffing or other resources to and for the WR/A 8 Sa/mon Recovery Council, in exchange for payment. The Service Provfder(s)may be a party to this Agreement. 3 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) 1.6 FISCAL AGENT: The Fisca/Agent refers to that agency or govemment which performs all accoun�ng services for the WR/A 8 Salmon Recovery Councll,as It may require,in accordance with the requirements of Chapter 39.34 RCW. 1.T STAKEHOLDERS: Stakeholders refers to those public and private entities within the WRIA who reflect the diverse interests integral for planning,implementation,and adaptive management for the recovery of the listed species under the Endangered Specles Act,and may include but are not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism and govemance sUucture for the implementatbn and adap6ve management of the implementation of the WR/A 8 Plan 2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the services necessary for the successful implementation and management of the WRIA 8 P/an. The maximum financial or resource obligation of any participadng eligible ju�isdiction under this Agreement shall be limited to its sha�e of the cost of the Service Provider staff and associated operating costs. 2.3 To provide a mechanism for secu�ing technical assistance and funding from state agencies or other sources. 2.4 To provide a mechanism for the implementation of other multiple benefit habitat,water quality and floodplain management projects with local,regional,state,federal and non- profit funds as may be contributed to or secured by the WRlA 8 Salmon Recovery Councll. 2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by the King County Flood Control DisUict through the District's Cooperative Watershed Management grant program. 2.6 To seroe as the salmon recovery'Lead Entity"as designated by state law(Chapter 77.85 RCW) for WRIA 8, The Lead Entlty fs responsible for developing a salmon recovery strategy,woricing with project sponsors to develop projects,convening local technical and citizen committees to annually recommend WRIA 8 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery forums. 2.7 To provide a framewoiic for cooperation and coordinaGon among the parties on issues relating to the implementation and management of the implementadon of the WR/A 8 Plan and to meet the requirement or a commitment by any party to participate in WRIA based or watershed basin planning in response to any state or federal law which may require such participation as a condition of any funding,pertnittihng or other program of state or federal agencies,at the c�scretion of such party to this Agreement. 4 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) 2.8 To.develop and articulate WRIA-based positions on salmon habitat, conservation and funding to state and federal legislators. 2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts and to ensure continued public outreach efforts to educate and gamer support for current and future ESA efforts. 2.10 To provide information for parties to use to inform land use planning, regulations, and outreach and education programs. 2.11 To provide a mechanism for on-going monitoring and adaptive management of the WR/A 8 P/an as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual jurisdiction or water quality policy bodies such as the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective o�January 1, 2016 provided it has been signed by that date by at least nine(9)of the eligible jurisdictions within WRIA 8 representing at least seventy percent(70%)of the affected population, as authorized by each jurisdiction's legislative bady, and further provided that after such signatures this Agreement has been filed by King County and Snohomish County in accordance with the terms of RCW 39.34.040 and .200. If such requirements are not met by Ja�uary 1, 2016,then the effective date of this Agreement shall be the date on which such requirements are met.This Agreement provides the mechanism and governance structure for implementation of the WR/A 8 Plan from January 1,2016 through December 31,2025. Once effective,this Agreement shall remain in effect through December 31,2025; provided, however,that this Agreement may be extended for such additional terms as the parties may agree to in writing,with such extension being effective upon its execution by at least nine(9)of the eligible jurisdictions within WRIA 8 representing at least seventy per cent(70%)of the affected population,. 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and assocfated Puget Sound drainages(hereinafter the"WRIA 8 Sa/mon Recovery CounciP')the precise boundaries of which are established in Chapter 173-500 WAC, or as determined by the WR/A 8 Sa/mon Recovery Council,to serve as the formal govemance structure for carrying out the purposes of this Agreement in partnership with non-party members. Each party to this agreement shall appoint one (1)elected official to serve as its representative on the WR/A 8 Sa/mon Recovery Council.The WRIA 8 Salmon Recovery Council is a voluntary association of the county and city governments,and other interested public agencies and tribes, located wholly or partially within the management area of WRIA 8 and the Lake Washington/Cedar/Sammamish watershed basins and associated Puget Sound drainages who 5 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) - choose to be parties to this Agreement Representatives from stakeholder entities who are selected under the voting provisions of Section 5.2 of this agreement are also part of this association. 4.1 Upon the effective execution of this agreement and the appointment of�epresentatives to the WR/A 8 Sa/mon Recovery Councll,the party members of the WR/A 8 Sa/mon Recovery Councl!shall meet and choose from among its members,according to the voting provisions of Section 5,five(5)elected officials or their designees,to serve as a Management Comm/ttee to oversee and direct the funds and personnel contributed unde�this Agreement,in accordance with the adopted annual budgei and such other directions as may be provided by the party members of the WR/A 8 Sa/mon Recovery Councll. Representatives of the Flsca/Agent and Servfce Provlder may serve as non- voting ex officio members of the Management Committee. The Management Committee shall act as an executive subcommittee of the WR/A 8 Sa/mon Recovery Council,responsible for oversight and evaluation of any Service Provlders or consultants,for adminisUation of the budget,and for providing recommendations on administrative matters to the WR/A 8 Salmon Recovery Councll for action,consistent with the other subsections of this section. 4.1.1 Services to the WR/A 8 Sa/mon Recovery CouncJ/for the teRn of this agreement shall be provided by King County Department of Natural Resources which shall be the primary Ssrvlce Provider unless the party members pursuant to the voting provisions of Secbon 5 choose another primary Service Provider. The Management Commlttee shall prepare a Memorandum of Understanding to be signed by an authorized representative of King County and an authorized representaave of WRIA 8,which shall set out the expecta�ons for senrices to be provided. Services should include,without limitation,identification of and job descriptions for dedicated staff in increments no smaller than.5 FTE,description of any supervisory role retained by the Servlce Provlderover any staff performing services under this Agreement,and a method of�egular consultation between the Service Provlder and the Management Comm)ttee conceming the perfortnance of services hereunder. 4.1.2 The Management Commltfiee shall make recommerKiations to the party members of the WR/A 8 Salmon Recovery Council for action, including decfsions related to work program,staffing and service agreements,and budget and financial operatio�s,annually for each year of this Agreement. All dutles of the Management Commlttee shall be established by the party members of the WR1A 8 Salmon Recovery Councll. 6 Final WRIA 8 I�terlocal Agreement 2016-2025 July 16,2015 I AGENDA ITEM #7, v) 4.2 The party members of the WRIA 8 Salmon Reaovery Council shall have the authority and mandate to estabiish and ado t the foilowin : P 9 4.2.1 By September 1 of each year, establish and approve an annual budget, estabiishing the levei of funding and total resource obligations of the parties which are to be allocated on a proportional basis according to the average of the population, assessed valuation and area attributable to each party to the Agreement,in accordance with the formula set forth In Exhibit A,which formula shall be updated every third year by the WRIA 8 Sa/mon Recovery Council, as ' more current data become available, and in accordance with Section 2.2. Individual party cost shares may change more frequently than every three years for parties involved in an annexation that changes the area, population, and assessed value calculation of such party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. For parties that are not county or city governments,the level of funding and resource obligation will be determined in communications with the Management Committee,which will develop a recommendation for review and approval by,the WRIA 8 Sa/mon Recovery Council. 4.2.2 Review and evaluate annually the duties to be assigned to the Managemeni Committee hereunder and the perFormance of the Fiscal Agent and Service Provider(s)to this Agreement, and provide for whatever actions it deems appropriate to ensure that quality services are e�ciendy, effectively and responsibly delivered in the performance of the purposes of this Agreement. In evaluating the perfortnance of any Service Provider(s),at least every th�ee(3) years, the WR/A 8 Sa/mon Recovery Council may retain an outside consultant to perForm a professional assessment of the work and services so provided. Evaluations of the Service Provider(s)shall occur in years 3, 6, and 9 of the Agreement � 4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the r 'buted b each a or obtained from other sources utilization of resou ces contn y p rty in accordance with an annual prioritized list of implementation and adaptive management activities within the WRIA during each year of this Agreement. 4.3 The WR/A 8 Sa/mon Recovery Council through the primary Service Provider may contract with similar watershed forum goveming bodies or any other entities for any lawful purpose related hereto,including specific functions and tasks which are initiated and led by another party to this Agreement beyond the services provided by the primary Servlce Provider.The parties may choose to create a separate legal or administrative entity under applicable state law,including without limitation a nonprofit corporation or 7 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) general partnership,to accept private gifts,grants or financial contributions,or for any other lawful purposes. 4.4 The party members of the WR/A 8 Sa/mon Recovery Councfi shail adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The party members on the WR/A 8 Sa/mon Recovery Councll shall make deasions; approve scope of worlc,budget, priorities and any other actions necessary to carry out the purposes of this�qreement as follows: 5.1 No action or binding decision will be taken by the WR/A 8 Salmon Recovery Councl/ without the presence of a quorum of active party members. A quorum exists if a majority of the party members are present at the WRIA 8 Sa/mon Recovery Councll meeUng, provided that positions left vacant on the WR/A 8 Salmon Recovery Councll by parties shall not be included in calculating the quorum. In addition,positions will be considered vacant on the thircl consecutive absence and shall not be included in calculating a quorum until that time in which the parry member is present. The voang procedures provided for in 5.1.1 through 5.1.2 are conditioned upon the�e being a quorum of the acdve party members present for any action or decision to be effective and binding. 5.1.1 Deasions shali be made using a consensus model as much as possible. Each party agrees to use its best efforts and exercise good faith in cvnsensus decision-making. Consensus may be reached by unanimous agreement of the party members at the meeting,or by a majority recommendation agreed upon by the active party members,wlth a minority report. My party who does not accept a majority decision may request weighted vo6ng as set forth below. 5.1.2 In the event consensus cannot be achieved,as determined by rules and procedures adopted by the WR/A 8 Salmon Recovery CouncJl,the WR/A 8 Salmon Recovery CouncJl shall take action on a dual-majority basis,as follows: 5.12.1 Each party,through its appointed representative, may cast its weighted vote in connec6on with a proposed WR/A 8 Salmon Recovery Councll action. 5.1.2.2 The weighted vote of each party in relaUon to the weighted votes of each of the other parties shall be detemiined by the percentage of the annual contribution by each party set in accordance with Subsection 4.2.1 in the year in which the vote is taken. 5.1.2.3 For any action subject to weighted voting to be deemed approved,an affirmative vote must be cast by both a majority of the acBve party members to this Agreement and by a majoriry of the weighted votes of the acdve party members to this Agreement. No action shall be valid 8 Final WRIA 8 Interiocal Agreement 2016-2025 Juiy 16,2015 AGENDA ITEM #7. v) and binding on the parties to this Agreement until it shall receive majority of votes of both the total number of active party members to the Agreement and of the active members representing a majority of the annual budget conVibution for the year in which the vote is taken. A vote of abstention shall be recorded as a"no"vote. 5.2 The parry members on the WR/A 8 Salmon Recovery Council may deem it appropriate to appoint to the WRlA 8 Sa/mon Recovery Council non-party stakeholder representatives and other persons who are appropriate for the implementation and adaptive management of the WR/A 8 P/an. 5.2.1 Nomination of such non-party members may be made by any member of the WRIA 8 Sa/mon Recovery Council. Appointment to the WRIA 8 Salmon Recovery Council of such non-party members requires either consensus or dual majority of party members as provided in Section 5.1. 5.2.2 The party members on the WR/A 8 Salmon Recovery Council may deem it appropriate to allow non-party members to vote on particular WRIA 8 Sa/mon Recovery Council decisians. The party members may determine which issues are appropriate for non-party voting by either consensus or majority as provided in Sections 5.1,except in the case where legislation requires non-party member votes. 5.2.3 Decisions of the entire WR/A 8 Salmon Recovery Council, both party and non- party members, shall be made using a consensus model as much as possible. Voting of the entire WR/A 8 Sa/mon Recovery Council will be determined by , consensus or ma'orit as rovided in Sections 5.1 and a ma'orit of the non- art 1 Y P 1 Y P Y � members. 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. The WRIA 8 P/an shall be implemented with an adaptive management approach. Such an approach anticipates updates and amendments to the WR/A 8 Plan. Such amendments to be effective and binding must comply with the following provisions: 6.1 The WRIA 8 Sa/mon Recovery Councll shall act to approve or remand any WR/A 8 P/an amendments prepared and recommended by the committees of the WRtA 8 Salmon Recovery Council within ninety(90)calendar days of receipt of the plan amendments,according to the voting procedures described in Section 5. 6.2 In the event that any amendments are not so approved,they shall be retumed to the committees of the WR/A 8 Salmon Recovery Council for further consideration and amendment and thereafter retumed to the WR/A 8 Sa/mon Recovery Council for decision. 9 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) 6.3 After approvai of the WR/A 8 Plan amendments by the WRIA 8 Sa/mon Recovery Councll,the plan amendments shall be refeRed to the parties to this Agreement for ra6fication prior to the submission to any federal or state agency for fu�ther acfion. Radfication means an affirtnative action,evidenced by a resolution,mo�on,or ordinance of the jurisdiction's legislative body, by at least nine(9)jurisdictions within WRIA 8 representing at least seventy per cent(70°r6)of the total population of WRIA 8. Upon ratification,the WRIA 8 Sa/mon Recovery Councll shall transmit the updated WR/A 8 P/an to any state or federal agency as may be required for furtfier action. 6.4 In the event that any state or federal agency to which the WR/A 8 P/an or amendments thereto are submitted shail remand the WR/A 8 P/an or amendments thereto for further consideration,the WR/A 8 Saimon Recovery Counc/l shall conduct such further consideration and may refer the plan or amendments to the committees of the WRlA 8 Salmon Recovery Councilfor recommendation on amendments thereto. 6.5 The parties agree that any amendme�ts to the WR/A 8 Plan shatl not be forwarded separately by any of them to any state or federal agency uniess it has been approved and ratified as provided herein. 7. OBUGATIONS OF PARTIES: BUDGET: FISCAL AGENT: RULES. 7.1 Each party shall be�esponsible for meeang its financial obligations hereunder as described in Section 2.2,and established in the annual budget adopted by the WR/A 8 Salmon Recovery Council under this Agreement and described in Section 4.2.1. The ma�cimum funding responsibilities imposed upon the parties during the first year of this Agreement shall not exceed the amounts set forth in Exhibit A,which shaU be updated every third year as described in Section 4.2.1,or as annexations resuft in changes to the area,population,and assessed value calculation for those parties involved in the annexation to the extent that the cost shares established by the formula set forth i�Exhibit A wouid be changed for such parties by the annexatian 7.2 No later than September 1 of each year of this Agreement,the WR/A 8 Salmon Recovery Councll shall adopt a budget,including its ovefiead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other responsibilities(e.g. staffing)of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specfic prioritized implementation and adaptrve management activities within the WRIA. The parties shall thereafter take whatever separate legislative or other acdons that may be necessary to Bmely address such individual responsibilities under the proposed budget,and shall have done so no later than December 1 st of each such year. 10 Final WRIA 8 Interiocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) 7.3 Funds collected from the parties or other sources on behalf of the WR/A 8 Salmon Recovery Councll shall be maintained in a special fund by King County as Fiscai Agent and as ex o�cio treasurer on behalf of the WR/A 8 Sa/mon Recovery Councfl pursuant to rules and procedures established and agreed to by the WRIA 8 Sa/mon Recovery Council. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. Any party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government, or other interested public agency or tribe in King or Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages which has not become a party to this Agreement within twelve(12)months of the effective date of this Agreement may become a party only with the written consent of all the parties. The provisions of Section 5 otherwise goveming decisions of the WR/A 8 Salmon Recovery Council shall not apply to Section 8. The parties and the county, city,or other public agency or tribe seeking to become a party shall jointly determine the terms and conditions under which the county, city, or other public agency or tribe may become a party. These terms and conditions shall include payment by such county, city, or other public agency or tribe to the Fisca/Agent of the amount determined jointly by the parties and the county,city,or other public agency or tribe to represent such county,city, or other public agency or tribe's fair and proportionate share of all costs associated with activities undertaken by the WR/A 8 Sa/mon Recovery Councll and the parties on its behalf as of the date the county,city, or other public agency or tribe becomes a party. Any county,ciry,or other public agency or tribe that becomes a party pursuant to this section shall thereby assume the general rights and responsibilities of all other parties to this Agreement.After the inclusion of such entity as a party to this Agreement,the formula for party contribution shall be adjusted for the following year to reflect the addition of this new party.9. TERMINATION. This Agreement may be terminated by any party,as to that party only, upon sixty(60)calendar days'written notice to all other pa�ties. The terminating party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given,together with any other costs that may have been incurred on behalf of such terminating party up to the effective date of such termination. This Agreement may be terminated at any time by the written agreement of all parties. It is possible that the makeup of the parties to this Agreement may change from time to time. Regardless of any such changes,the parties choosing not to exercise the right of termination shall each remain obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery , Council as reflected in the annual budget. 11 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law,and for the limited purposes set forth in this agreement,each party shall protect,defend, hold haRnless and indemnify the other parties,their officers,elected offiaals,agents and employees,while acting within the scope of their empioyment as such,from and against any and all claims(including demands,suits,penalties,liabilities,damages,costs,expenses,or losses of any kind or nature whatsoever)arlsing out of or in any way resulting from such party's own negligent acts or omissions related to such party's participation and obligations under this Agreement. Each party agrees that its obligations under this subsection extend to any claim,demand and/or cause of ac6on brought by or on behalf of any of its employees or agents. For this purpose,each party, by mutual negotiation,hereby waives,with respect to the other parties only,any immunity that would othe�wise be avaitable against such claims under the industrial insu�ance act provisions of TiUe 51 RCW. The provisions of this subsection shall sunrive and continue to be applicable to parties exercising the right of termination pursuant to Section 9. 11. NO ASSUMPTION OF UABIUTIf.In no event do the parties to this Agreement intend to assume any responsibility, risk or liability of any other party to this Agreement or okhervuise with regard to any party's duties,responsibilities or liabilities under the Endangered Species Act,or any other act,statute or regulation of any local municipality or govemment,the State of Washington or the United States. 12. VOLUNTARY AGREEMENT.This is a voluntary agreement and it is acknowledged and ag�eed that, in entering into this Agreement,no party is cammitting to adopt or implement any actions or recommendations that may be contained in the WR/A 8 Pian pursuant to this Agreement. 13. NO PRECLUSION OF ACTMTIES OR PROJECTS. Nothing herein shall preclude any one or more of the parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action,provided that any such decision or agreement shall not impose any funding,participation or other obligation of any kind on any party to this Agreement which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to,create any rights in any third party, including without limitation the non-party members, NMFS, USFWS,any agency or department of the United States,or the State of Washington,or to form the basis for any liability on the part of the WR/A 8 Salmon Recovery Councl/or any of the parties,or their officers,elected officials,agents and employees,to any third party. 15. AMENDMENTS.This Agreement may be amended,altered o�clarified only by the unanimous consent of the parties to this Agreement,represented by affirtnative action by their legislative bodies. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 12 Final WRIA 8 Interiocat Agreement 201fr2025 July 16,2015 AGENDA /TEM #7. v) 17. APPROVAL BY PARTIES'GOVERNING BODIES. The governing body of each party must approve this Agreement before any representative of such party may sign this Agreement. 18. FIIING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates indicated below: Approved as to form: TOWN OF BEAUX ARTS VILLAGE: By: By: Title: Title: Date: Date: 13 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA 1TEM #7, v) Approved as to form: CITY OF BELLEVUE: ey: By: Tide: Title: Date: Date: 14 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) Approved as to form: CITY OF BOTHELL: By: By: Title: Title: Date: Date: 15 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) Appro�red as to form: CITY OF CLYDE HILL: By: By. Title: Title: Date: Date: 16 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA /TEM #7, v) Approved as to form: CITY OF EDMONDS: By: By: Title: Title: Date: Date: 17 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) Approved as to form: TOWN OF HUNTS POINT: By. By: Title: Title: Date: Date: 18 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) Approved as to foRn: CITY OF ISSA�UAH: By: By: Title: Title: Date: Date: 19 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) Approved as to fortn: CITY OF KENMORE: ' By: By: Title: Title: Date: Date: 20 Final WRIA 8 Intertocal Agreemenl2016-2025 July 16,2015 AGENDA ITEM #7. v) Approved as to form: CITY OF KENT: By: By: Titie: Title: Date: Date: 21 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) Approved as to form: KING COUNTY: By: By: Title: Title: Date� Date: 22 Finai WRIA 8 Interiocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) Approved as to form: CITY OF KIRKLAND: By: By: Title: Title: Date: Date: 23 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7, v) Approved as to form: CITY OF LAKE FOREST PARK: By: By: Title: Title: Date: Date: 24 Final WRIA 8lnterlocal Agreement 2016-2025 July 16,2015 AGENDA /TEM #7. v) Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: 25 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 A GENDA I TEM #7. v) Approved as to fortn: CITY OF MEDINA: � By: By: Tide: Title: Date: Date: 28 Flnal WRIA 8 Interlocal Agreement 201Cr2025 July 16,2015 AGENDA /TEM #7. v) Approved as to form: CITY OF MERCER ISLAND: By: By: Title: Title: Date: Date: 27 Final WRIA 8 interlocal Agreement 2016-2025 July 16,2015 AGENDA /TEM #7. v) Approved as to form: CITY OF MILL CREEK: ay: By: Title: Title: Date: Date: 28 Final WRIA 8 Interlocal Agreement 201fr2025 July 16,2015 AGENDA 1TEM #7, v) Approved as to form: CITY OF MOUNTLAKE TERRACE: By: By: Title: Title: Date: Date: 29 Final WRIA 8 Interlocal Agreement 201&2025 July 16,2015 AGENDA ITEM #7, v) Approved as to form: CITY OF MUKILTEO: ay: By: Title: Title: Date: Date: 30 Final WRIA 8lnterlocal Agreement 2016-2025 July 16,2015 � AGENDA 1TEM #7. v) Approved as to form: CITY OF NEWCASTLE: By: By: Title: Title: Date: Date: 31 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 , A GENDA I TEM #7, v) Approved as to form: CITY OF REDMOND: By: By: Tttle: Title: Date: Date: 32 Fnal WRIA 8lnterbcal Ag►eement 2016-2025 July 16,2015 AGENDA /TEM #7, v) Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: 33 Final WRIA 8 Interlocal Ag�eement 2016-2025 July 16,2015 AGENDA ITEM #7. v) Approved as to form� CITY OF SAMMAMISH: By: By: Title: Title: Date: Date: 34 Final WRIA 8 Inte�iocal Ag►eement 2016-2025 Juty 16,2015 AGENDA ITEM #7. v) Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: 35 Finai WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA ITEM #7. v) ApEuoved as to form: CITY OF SHORELINE: By: ey: Title: Title: Date: Date: 36 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 AGENDA /TEM #7. v) Approved as to form: SNOHOMISH COUNTY: By: _ By: Title: Title: Date: Date: 37 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 A GENDA I TEM #7. v) Approved as to fortn: CITY OF WOODINVILLE: By: By: Title: Title: Date: Date: 38 Fnal WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 - AGENDA ITEM #7. v) Approved as to form: TOWN OF WOODWAY: By: By: Title: Title: Date: Date: 39 Final WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 A GENDA I TEM #7. v) Approved as to form: TOWN OF YARROW POINT: B� By: TiUe: Title: Date: Date: 40 Flnal WRIA 8 Interlocal Agreement 2016-2025 July 16,2015 Exhibit A �'' Regional Watershed Funding I' WRIA Based Cost-share: WRIA 8 Fot'2016 Total : $553,713 Note: Total reflects WRIA 8 Salmon Recovery Councit decision(Mar�h 99, 2015)to provide for an annualt increase in the ILA cost share not ' to exceed ihe Consumer P�ce Index for Wages, which is estimated to be 2.18%in 2016. Jurisdictiona!area,population, and assessed value is to be recalculated every three years per the WR/A 8 interfocal agreemenf for 2016-2025. , WR/A 8 Sa/mon Recovery Council approved 3-19-15 CostShare Amount (Averege of Pop,AV, WRIA 8 Jurisdiction Population(Pop) Assessed Value(A� Area(Sq.Mi.) Area� WRIA 8 Jurisdiction Beaux Arts 290 O.OS6 5104,734,000 0.0°� 0.08 0.09�e 0.0°� 5143 Beaux Arts BeNevue 132,100 9.3°k 333,167,992,493 12.5°,6 33.53 7.2°� 9.796 553,631 BeNevue Botheil 40,540 2.9% ;5,955,222,655 2.2°� 13.6fi 2.996 2.7°/. 314,649 Botheil CIydE Hid 2,980 0.2Ye $1.714,510,000 0.6% 1.06 0.2% 0.4% 52,004 Clyde HIII Edmonds 39,950 2.8% $7,512,735,402 2.8°� 8.99 1.9% 2.5°k 514,007 Edmonds Hunts Point 395 0.0°� E784,473,OQ0 0.3°� 0.28 0.1°k 0.1°,6 5709 Hunts Point Issaquah 32,130 2.3% $&,132,631,583 2.3°� 11.4 2.4% 2.3°� 312,981 Issaquah Kernnore 21,170 1.596 $2,835,378,679 1.1% 6.14 1.3% 1.3°/a $7,169 Kenmore Kent 0 0.0°� 51,714,000 0.0°k 0.45 0.1% 0.0°� S180 Kent King County(Uni�c.) 129.665 9.2°� a16,265,512,387 6.1°� 1fi6.03 35.7% 17.0°.G 394,041 King County(Uninc.) Kfrkiand 81,730 5.8% 374,358,215,877 5.4°h 17.81 3.8% 5.0°�, a27,719 Kirkland Lake Forest Park 12,680 0.9°�G $1,844.674,400 0.7% 3.51 0.8% 0.8°� 54,330 Lake Forest Park Maple VaNey 2,454 Q.2°k $357,899,6Q0 0.1°�6 1.3 0.3% 0.2% $1,085 Maple Valley Medina 3,000 0.2°� a2,822,326,500 �.1°� 1.41 0.3°� 0.5°�6 $2,918 Med�a Mercer island 22,72D 1.6% $9,132.580,404 3.5°h 6.21 1.3% 2.1°k $11,790 Mercer Island NIiM Creek 18,600 1.3% §3,048.481,121 '12°�6 4.68 1.0% 1.2°k �6,404 NN�II Creek Mountlake Terrace 20,160 1.4% 52,269,630,481 0.9°k 4.17 0.9% 1.1°� 55.862 Mou�dake Terrace Mukilteo 20,440 1.4% 53,843,580,393 1.5% 6.00 1.3X 1.4°� 57,722 Mukiteo NewcasUe 10,640 0.8°,6 51.888.944,600 0.7°h 4.46 1.0� 0.8°k 54,471 Newcastie Redmond 55,840 3.9% 311,941,569,998 4.5°,6 16.45 3.5% 4.0°k E22.123 Redmo�d Renton 59,193 4.2% 36,961,057,377 2.6°� 13.61 3.0% 3.3°� 318,04D Renton Sammamish 48,060 3.4°k $8,11Q,684,304 3.1°� 17.05 3.7% 3.4°�6 518,675 Sammamish Seattle 435,487 30.7% $92,061,834,922 34.6% 53.01 11.4% 25.6°k 5141,950 Seattle ShoreUne 53,670 3.8°� 37,322,409,100 2.8°� 11.59 2.5°� 3.0°� 316,693 Shoreline Sno.Co.(Uninc.) 159,369 11.3% 320,454,964,615 7.7°� 55.51 11.9°� 1d.3°� S5T,030 Snoh.Co.(Uni�c.) � WoodinviMe 10,99d 0.8°� 32,507,893,071 0.9°� 5.66 1.2% 1.0°k 35,424 WoodimriNe ^ Woodway 1,30Q 0.1°� 5441.766.909 0.2°/a 1.08 0.2°� 0.2°k 5905 Woodway NJ Yarrow Point 1,015 0.1°� $838,037.500 0.3°k 0.36 0.1°k 0.2°k 5859 YaRow Pofnt m Totais 1,416,568 100.0% ;264,679,455,371 100.0°k 465.69 100.0% 100.0°� $553,713 Totels � i553,713 0 NOTE: King County land area exdudes the Upper Cedar basin � DATA SOURCES: � •Parceis with 2013 Assessmenk data y n 2010 Census Trads m <2013 Population � •King County Cities •Snohomish County Cities � V G:iWRIAe TeamVLA Documents.Cost Sharos120161LA RenewalUlAlExhibit A WRIA 8 ILACostSha2 2016_FINAL�ds C �. AGENDA ITEM #7. v) INTERLOCAL AGREEMENT For the Green River, Duwamish River,and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9(which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("AgreemenY') is entered into pursuant to Chapter 39.34 RCW by and among the eligible counry and city govemments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9")all political subdivisions of the State of Washington (individually, for those signing this agreement,"Party", and collectively"Parties"); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning,funding and implementation of various activities and projects therein;and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop"Making Our Watershed Fit fo�a King"as approved in 2005 and since amended ("Sa/mon Habitat Plan"), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS,the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Inte�local Agreement for the years 2007-2015 in implementing the Sa/mon Habitat P/an;and WHEREAS, the Pa�ties have demonstrated in the Salmon Habitat Plan that watershed ecosystem senrices are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services;and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act("ESA"); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat;and ILA_WRIA9_2016-2025_05-14-ZQiS.docx Page 1 AGENDA ITEM #7. v) WHEREAS, the Parties wish to monitor and evaluate impleme�tation of the Salmon Habliat Plan through adaptive management;and WHEREAS� the Parties wish to continue to use adaptive management for identifying, coordinatlng and implemenang basin plans and water quality, flood hazard reduction, water quan6ty,and habitat projects in the watersheds;and YVHEREAS� the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River,and Central Puget Sound Watersheds to the overall health of Puget Sound;and WHEREAS,the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to coilectively seek funding to implement the Satmon Habftat Plan;and WHEREAS,the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to heaith and sustain that heaith by 2020;and WHEREAS� the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to coliectively seek funding to impiement the Salmon Habltat Plan;and WHEREAS, the Parties have a suong inte�est to achieve multipEe benefits by integrating salmon recovery planning and actions;and VYHEREAS, the Parties recognize that identification of watershed issues, and implementation of saimon conservation and recovery actions may be carried out more effiaently if done cooperatively than if carcied out separately and independently;and WHEREAS, individuai Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW,THEREFORE,the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement,the foliowing terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local govemments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Aubum, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Paric, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated ciry that lies fuNy or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The PartJes to the WR/A 9 Intertoca/ Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA_WRIA9_2016-2025_OS-14-2015.docx Page 2 AGENDA ITEM #7, v) Agreement. The Parties to this ILA shali each designate a representative and altemate I representadve to the WR/A 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WR/A 9 /LA Parties and a balance of Stakeho/der representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Sa/mon Habltat Plan. The WRIA 9 Watershed Ecosystem Fon.rm shall be an advisory body responsible for making recommendations for implementing the Salmon Habltat P/an including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Centrai Puget Sound Watershed Water Resource Inventory Area 9 Sa/mon Habitat P/an (2005 Saimon Habitat Plan or SaJmon Habitat P/an) is the plan developed by the WR/A 9 Watershed Ecosystem Forum and ratified by all of the parties to an interlocal agreement for its development and implementation. The Sa/mon Habiiat P/an recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat P/an may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Sa/mon Habitat Plan. Efforts under the Sa/mon Habifat P/an are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat P/an constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WRIA 9 ILA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 9 ILA Parties'behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, govemment, consultant, or other entity which supplies staffing or other resources to and for the WR/A 9/LA Partles, in exchange for payment. The ServJce Provlder may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fisca/Agent refers to that agency or govemment which performs all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016-2025_05-14-2015.docx Page 3 AGENDA ITEM #7. v) 1.8 STAKEHOLDERS: Stakeho/ders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to impiementing the Sa/mon Habitat P/an, and may include but is not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement(nclude the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality,water quantity,and habitat 2.3 To provide information for WR/A 9/LA Parties to inform land use planning, regulations, environmentai programs,education,and enforcement of applicable codes. 2.4 To provide a mechanism and govemance and funding structures for jointly implementing the Salmon Habltat P/an. 2.5 To develop and take actions on key issues during the implementation of the Salmon HabJtat P/an. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts snd to ensure continued pubiic outreach efforts to educate and gamer support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Sa/mon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any availabfe funding from federal,state,and other sources to implement the SaJmon Hab/tat P/an. 2.9 To provide a mechanism for implemen6ng other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduc6on projects with other local, regional, tribal, state, federal and non-p�ofit funds as may be contributed to or secured by the WR/A 9 ILA Partles and Watershed Ecosystem , Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annuaily recommend projects for implementa�on of planning, engineering, permitting and constrvction tasks for the Green/Duwamish Ecosystem Restoratbn Project in partnership with the U.S.Am�y Corps of Engineers. ILA_WRIA9_2016-2025_OS-14-2015.doac Page 4 AGENDA ITEM #7. v) 2.12 To provide a ftamework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on-going monitoring and adaptive management of the Sa/mon Habftat P/an as defined in the Plan and agreed to by the WR/A 9 ILA Partles and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, govemmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM.This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent(70%)of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local govemment, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the eligible local govemments within WRIA 9 representing at least seventy percent (70°/a) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local govemment, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal govemance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected o�cial to serve as its primary representative, and one (1) altemate representative to serve on the WR/A 9 Wafeished Ecosystem Forum. The altemate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent or designee,which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA 9 /LA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016-2025_05-14-2015.docx Page 5 A GENDA I TEM #7, v) provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management CommJttee to oversee and direct the scope of woric,funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WR/A 9 ILA Parties. Representatives of the Flsca/Agent and SerWce Provlder may serve as non-voting ex offiao members of the Management Committee. The Management Commlttee shall act as the execuGve subcommittee of the WR►A 9 !LA ParNes, responsib{e for oversight and evaluation of any ServJce Provlders or consultants, administration of the budget and wo�lc plan, and for providing recommendations on administrative matters to the WR/A 9 /LA Part/es for action, consistent with other subsections of thls section. The appointed representa6ves of the WR/A 9 ILA Pardes shall consider new appointments or reappointments to the Management Comm/ttee every two years following its Initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WR/A 9 ILA Partfes end the Wafershed Ecosystem Forum by the Servlce Provlder, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WR/A 9 IL4 Partles.The Management Commlttee shall prepare a Memorandum of Understanding to be signed by a representative of the Servlce Provfder, and the Chair of the WRIA 9 Management Commlttee., and this Memorandum of Understanding shall set out the expectations for senrices so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, descrip6on of any supervisory role retained by the Service Provider over any staff perfortning services under this Agreement, and a method of regular consultation between the Service Provfder and the Management Commlttee conceming the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Servlce ProvJder in addition to the annual cost-shared services agreed to by ali Parties pursuant to Section 4.3 herein. 4.3.2 The Management Commlttee shall prepa�e a Memorandum of Understanding to be signed by a representative of the Servlce Provider, and the Chair of the WRIA 9 Management Commlltee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WR/A 9 IL4 Partles by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligadons of the Parties for the following cafendar year. Such obligations are to be allocated on a proportional basis based on ihe average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A,which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016-2025_05-14-2015.docx Page 6 AGENDA ITEM #7, v) WR/A 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional senrices pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WRIA 9 /LA Parties shall incorporate the negotiated additional cost share and incorporate the services in fhe annual budget and work plan. The WR/A 9 /LA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WR/A 9 /LA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the perfoRnance of the Fisca/ Agent and ' Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Servlce Provider shall be assessed every year. ' 4.7 The Parties to the WRIA 9 Interloca/Agreement may contract with similar watershed forum goveming bodies such as the Puget Sound Partnership or any other entities for any lawFul purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WR/A 9/LA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WR/A 9 /LA Parties shall make decisions, approve scopes of work, budgets, priorities,and any other actions necessary to carry ouk the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous IIA_WRIA9_2016-2025_05-14-2015.docx Page 7 A GENDA I TEM #7, v) agreement of inembers cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. My Party who does not accept a majo�ity decislon may request weighted voting as set forth below. 5.2 In the event consensus cannot be echieved, as detennined by rules and procedures adopted by the Parties to the WR/A 9 Interlocal Agreement, the WR/A 9 ILA Part/es shall take action on a dual-majority basis,as follows: 5.2.1 Each Party, through its appointed representative, may cast its v�ighted vote in connection with a proposed WR/A 9 action. 5.2.2 The weighted vote of each Party in reladon to the weighted votes of each of the other Pa�ties shall be determined by the pencentage of the annual contribu6on made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. 8. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Satmon Habltat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Watershed Ecosystem Forum shall provide infortnation to the WR/A 9 ILA Partfes regarding progress in achieving the goals and objecdves of the Salmon Ha6ltat Plan. Recommendations of the WR/A 9 Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The WR/A 9/LA Partles may authorize additional advisory bodies to the WR/A 9 Watershed Ecosystem Forum such as a technical committee and adaptive management work group.The Watershed Ecosystem Forum shatl develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the WR/A 9/LA Partfes. 6.2 The WR/A 9 ILA Parties shall act to approve or remand any substanave changes to the Salmon Habltat P/an based upon recommendations by the WR/A 9 Watershed Ecosystem forum within ninety(90)days of receipt of the proposed changes,according to the voting procedures of Section 5 herein. In the event that the Sa/mon Habltat P/an changes are not so approved,the recommended changes shall be retumed to the WR/A 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter retumed to the WR/A 9 ILA Partfes for decision. 6.3 The WRIA 9 /LA Parties shall determine when ratification is needed of substan�ve changes to the Sa/mon Habltat P/an. The changes shall be refeRed to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratificatlon means an affirmative action, evidenced by a resolution, motion, or ILA_WRIA9_2016-2025_05-14-2015.docx Page 8 AGENDA ITEM #7, v) ordinance of the local governmenYs legislative body, by at least five Parties representing at least seventy percent(70%)of the total population within the geographic planning and management area of W RIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat P/an by any regional, state or federal agency, the WRIA 9 /LA Parties shall . undertake a review for consideration of the remanded changes to the plan. The WR/A 9 ILA Parties may include further referral to the WR/A 9 Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Sa/mon Habitat P/an shall not be forvvarded separately by any Party to any regional,state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES: BUDGET: FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WR1A 9 /LA Parties under this Agreement, including all such obligations related to the WR/A 9 ILA Parties and WR/A 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate ac6ons by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WRIA 91LA Parties shall adopt a budget,including its ovefiead and administrative costs,for the following calenda� year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual j responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9/LA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex o�cio treasurer on behaff of the WR/A 9 ILA Parties pursuant to rules and procedures established and agreed to by the WR/A 9 ILA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA_WRIA9_2016-2025_OS-14-2015.docx Page 9 AGENDA ITEM #7. v) 7.5 Any Party to this Agreement may inspect and review all records mafntained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city govemment in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve(12)months of the effecdve date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise goveming decisions of the WRlA 9 ILA Pardes shall not apply to this section. The Parties of the Agreement and any govemments seeking to become a Party shall jointly determine the terms and conditions under which a govemment may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WR/A 9 F/scel Agent The amount of payment is determined jointly by the exisang WR/A 9 ILA Parties and the new Party. The payment of the new Party is to be a fai� and proportionate share of all costs assoclated with activities undertaken by the WR/A 9 ILA Partles as of the date the govemment becomes a new Party. Any govemment that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilides of all other Parties. 9. TERMINATION. 9.1 Tertnination can only occur on an annual basis, beginning on January 1 of each calendar year,and then only if the terminating Party,through action of its goveming body, provides at least sixty(60j days'prior written notice of its intent to terminate.The terminating Party shall remain fully responsible for meeang all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incu�red on behalf of such terminadng Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change ftom time to time. Regardless of any such changes,the Parties choosing not to exe�cise the right of terminadon shall each remain obligated to only meet thei�respective share of the obligadons of the WR/A 9 /LA Partles as reflected in the annual budget The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written ag�ement of a(I of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be retumed to the contribu6ng Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county govemments, and federal law ss goveming to tribes, and fo�the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA WRIA9_2016-2025_05-14-2015.doc�c Page 10 AGENDA /TEM #7. v) Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives,with respect to the other Parties on{y,any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipaliry or govemment, the State of Washington,or the United States. 12. VOLUNTARY AGREEMENT.This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liabiliry on the pa�t of the WR/A 9 /LA Parties or any of the Parties, or their officers, elected officials,agents and employees,to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. ILA_WRIA9_2016-2025_05-14-2015.docx Page 11 AGENDA 1TEM #7. v) 17. APPROVAL BY PARTIES' GOVERNING BODIES. The goveming body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accorclance with the provisions of RCVN 39.34.040 and.200 and wfth the teRns of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negoGatbns, representations, and agreements, oral or otherwise, regarding the speciflc terms of this Agreement. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025 05-14-2015.docx Page 12 AGENDA ITEM #7, v) Approved as to form: CITY OF AUBURN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_U5-14-2015.docx Page 13 AGENDA ITEM #7, v) Approved as to form: CITY OF BLACK DIAMOND: By: By: Title: Title: Date: Date: ILA_WiUA9_2016-2025_OS-14-2015.docx Page 14 AGENDA ITEM #7. v) Approved as to form: CITY OF BURIEN: By: By: Title: Titie: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 15 AGENDA ITEM #7. v) Approved as to foRn: CITY OF COVINGTON: By: By; Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.dooc Page 16 AGENDA /TEM #7. v) Approved as to form: CITY OF DES MOINES: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 17 AGENDA ITEM #7. v) Approved as to fortn: CITY OF ENUMCLAW: By: By: TiUe: Title: Date: Date: ILA_WRZA9_2016-2025 OS-14-2015.doac Page 18 AGENDA ITEM #7. v) Approved as to form: CITY OF FEDERAL WAY: By: By: Title: Title: Date: Date: ILA_WRIA9_201fi-2025_05-14-2015.docx Page 19 AGENDA ITEM #7, v) Approved as to form: CITY OF KENT: BY� By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_OS-14-2015.docx Page�0 AGENDA ITEM #7. v) Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: � ILA_WRIA9_2016-2025_05-14-2015.docx Page 21 AGENDA ITEM #7, v) Approved as to foRn: CITY OF MAPLE VALLEY: BY By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 22 AGENDA /TEM #7, v) Approved as to form: CITY OF NORMANDY PARK: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 23 AGENDA ITEM #7. v) Approved as to form: CITY OF RENTON: ey: By: . r�cie: rt�e: Date: Date: ILA WRIA9_2016-2025_05-14-2015.docx Page 24 AGENDA ITEM #7. v) Approved as to form: CITY OF SEATAC: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_OS-14-2015.docx Page 25 AGENDA ITEM #7. v) Approved as to form: CITY OF SEATTLE: ey: By: Title: Title: Date: Date: ILA WRIA9_2016-2025_05-14-2015.docx Page 26 AGENDA ITEM #7, v) Approved as to form: CITY OF TACOMA: By: By: Title: Title: Date: Date: IlA_WRIA9_2016-2025_05-14-2015.docx Page 27 AGENDA ITEM #7, v) Approved as to foRn: CITY OF TUKWILA: By. By: Title: Titie: Date: Date: ILA_WRIA9_2016-2025_OS-14-2015.doac Page 28 Exhibit A WRIA Based Cost Share: WRIA 9 Regiona/Watershed Funding For 2016 Total: $424,320 Note: Beginning with the 2017 cost shares,jurisdictiona/area, population, and assessed va/ue are to be recalculated every three years or if there is a signifrcant annexation per the WRIA 9 interlocal agreemsnf for 2016-2025. Watershed Ecosystem Forum Approved May 14, 2015 Assessed Cost-Share Amount Population Adjusted Value(AV) Adjusted (Average of Pop,AV, WRIA 9 Jurisdiction (Pop)% Pop °k Adjusted AV Area% Acres Area)* WRIA 9 Jurisdiction 1 Algona` 0.23°k 1,543 0.19°k $197,378,600 0.16% 363.06 0.19% $784 1 Algona 2 Auburn' 6.06°k 40,956 5.06% $5,318,451,8Q0 5.67% 12,55028 5.59% $22,686 2 Aubum 3 Black Diamond 0.61°� 4,120 0.57°� $595,345,385 1.95% 4,30820 1.04% $4,219 3 Black Diamond 4 Burien 6.51% 44,006 5.10% a5,356,038,587 2.86% 6,340.17 4.82% $19,554 4 Burien 5 Covington 2.54°� 17,190 1.86°�6 51,954,508,239 1.70% 3,773.03 2.04% $8,252 5 Covington 6 Des Maines 4.30°/a Z9,090 2.66% $2,792,105,1U0 1.78°k 3,951.55 2.91% $11,817 6 Des Moines 7 Enumctaw' 0.65°/a 4,366 0.55% $573,979,500 0.62% 1,380.3i 0.61% $2,453 7 Enumclaw 8 Federal Way' 9.01°� 60,918 5.06°k $5,316,134,126 3.63% 8,048.27 5.90% 323,925 8 Federal Way 9 Kent' 16.35% 110,605 12.06% $12,671,122,513 9.84% 21,781.73 12.75% $51,698 9 Kent 10 King County' 15.04% 1Q1,701 10.66% $11,206,469,402 53.44% 118,333.97 26.38°� $106,972 10 King County 11 Maple Valley' 1.67% 11,299 1.77°k $1,863,263,500 1.37% 3,034.15 1.60% $6,507 11 Maple Valley 12 Normandy Park 0.95% 6,435 1.23% $1,289,320,500 0.72% 1,593.21 0.97% $3,917 12 Normandy Park 13 Renton' 4.47% 30,221 4.09% $4,299,847,610 2.75% 6,096.59 3.77% $15,291 13 Renton 14 SeaTac 3.78°k 25,530 2.78°k $2,918,228,100 1.85% 4,092.51 2.80% $11,354 14 SeaTac 15 Seattle' 25.18% 170,297 42.49% $44,654,964,773 9.00�o 19,919.60 25.55% $103,624 15 Seattle 16 Tukwila 2.66% 18,000 3.90% $4,096,959,014 2.65% 5,867.21 3.07% $12,448 16 Tukwila 100.0% 676,277 100.0% $105,104,116,749 100.0% 221,433.83 100.0% $405,500 SUBTOTAL +Tacoma $18,820 a424,320 TOTAL n NOTES:Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occurred since these two major � annexations. m DATA SOURCES: � •2007 Puget Sound Regional Council population estimates by census tract. 0 •2D09 King County Assessor's data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis. � •Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division properties(airport and residential buyouts) � from Burien, Des Moines,and SeaTac shares. y *Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WR1A 9 3 (%population+%assessed value+%area divided by 3=Cost Share) � V W RIA9-IlA-cost-shares2016.�dsx � � AGENDA /TEM #7. v) CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND SNOHOMISH COUNTY, AND THE CITIES OF BELLEVUE, BOTHELL, CLYDE HILL, EDMONDS, ISSAQUAH, KENMORE, KENT, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, MILL CREEK, MOUNTLAKE TERRACE, MUKILTEO, NEWCASTLE, REDMOND, SAMMAMISH, SEATTLE, SHORELINE AND WOODINVILLE; AND THE TOWNS OF BEAUX ARTS VILLAGE, HUNTS POINT, WOODWAY AND YARROW POINT, REGARDING THE WATERSHED BASINS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY 8. WHEREAS, Renton, as weli as King County, Snohomish County, and the cities of Bellevue, Bothell, Clyde Hill, Edmonds, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Sammamish, Seattle, Shoreline and Woodinville; and the towns of Beaux Arts Village, Hunts Point, Woodway and Yarrow Point (collectively referred to as the "Parties"), are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Parties entering into this agreement are all located in King County or Snohomish County, lying wholly or partially within the management area of Watershed Resource Inventory Area 8, which includes a�l or portions of the Lake Washington, Cedar River, and Sammamish River basins ("WRIA 8"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon 1 � AGENDA ITEM #7. v) RESOLUTION N0. Conservation Plan and improving watershed health for the watershed basins in WRIA 8, and wish to provide for funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in several interlocal agreements and contributed to the Puget Sound Salmon Recovery Plan; and WHEREAS, the Parties have an interest in achieving multiple benefits by continuing integrating salmon recovery planning and actions with floodplain management, water quality and agriculture; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Parties regarding the watershed basins within the geographical planning area of in WRIA 8. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk 2 -. AGENDA ITEM #7. v) RESOLUTION N0. APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1677:7/28/15:scr 3 AGENDA ITEM #7. v) CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CiTY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND THE CITIES OF ALGONA, AUBURN, BLACK DIAMOND, BURIEN, COVINGTON, DES MOINES, ENUMCLAW, FEDERAL WAY, KENT, MAPLE VALLEY, NORMANDY PARK, SEATAC, SEATTLE, TACOMA AND TUKWILA, REGARDING THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL PUGET SOUND WATERSHEDS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY 9. WHEREAS, Renton, as well as King County and the cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Seatac, Seattle, Tacoma and Tukwila (collectively referred to as the "Parties"), are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Parties entering into this agreement are all located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and 1 AGENDA ITEM #7. v) RESOLUTION N0. WHEREAS, the Parties have participated in several interlocal agreements, implemented the Salmon Habitat Plan and contributed to the Puget Sound Salmon Recovery Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by continuing working together integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION 1. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Parties regarding the Green River, Duwamish River and Central Puget Sound Watersheds within the geographical planning area of WRIA 9. 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 2 A GENDA ITEM #7, v) RESOLUTION N0. Approved as to form: Lawrence J.Warren, City Attorney RE5.1676:7/28/15:scr 3 AGENDA ITEM #7. w) � CITY OF �'�'ltt�rl � • • • . • -. � SUBJECT/TITLE: Bid Award for CAG-15-154; Replace Roof at Maplewood Booster Pump Station 2015 Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Tom Malphrus, Water Utility Engineer EXT.: 7313 , • . „{n, y� �.�i,�„qz�.. ...�,.�a-�,«�v�e.-�ye�%„,., , ., „.. .. „,a,�rw- ,n. ,�,pmq, � H ExpenditureRet�uired:�. M': .$ 1�b,9�'�� TransferArr►enidment "$:WjA Amount Budgeted: $ 280,000 Revenue Generated: $ N/A To�a,l P.��ect�t��e� ,, ..$2�0� ., Gtar S�are Tot� o�e � N/A - . .. „s. vc ,�s...n:. „u'��r,' :�.�. ��.� „�� .i.�,.�r. _ _. �,. �,��aaen . :a. ��:;:.,- .a; ...m�a.,,;� - � � � � � The Public Works Department wants to replace the roof on the Maplewood Booster Pump Station (BPS) building.The project was placed out to public bid on July 28, 2015. Nine bids were submitted for the project.The City Clerk opened and publically read the bids on Thursday, August 13, 2015 at 2:30 PM.The apparent low bidder was Multifacet Group LLC, with a bid of$105,010.50. Upon closer examination of their bid proposal, it was determined that Multifacet Group LLC had improperly completed the Schedule of Prices form submitted with their bid.The bid from Multifacet Group LLC was rejected and they were notified about this determination. Multifacet Group LLC protested the determination. The City Attorney reviewed the determination in light of Multifacet Group LLC's protest and confirmed that decision to reject the bid stands. The second low bidder for the project is K-A General Construction Contractor LLC, with a bid of$116,957.57. After review of the bid received from K-A General Construction LLC, no significant errors were found. Staff recommends awarding the bid to K-A General Construction Contractor LLC, the lowest responsive bidder. The approved budget for the Replace Roof at Maplewood BPS 2015 Project is $280,000 (425.455564). K-A General Construction Contractor LLC's bid of$116,957.57 is within the amount budgeted for the project.The engineer's estimate was$137,970. : A. Bid Tab � • • �� • Accept the lowest responsive bid submitted by K-A General Construction Contractor LLC, in the amount of $116,957.57,for the Replace Roof at Maplewood Booster Pump Station 2015 pro�ect. Bids for Replace Roof At Maplewood BPS 2015 project-City of Renton Engineer's Muftifact K-A Genera) Johnson Providence Cons Coastline Bates Roofing Tecta America Accord Gary Harper Bid Item Estimate Group Constructfon EMeriors,Inc. &Design Roofing LLC Seattle LlC Contractors ConstrucUon 1 Mobilization,Demobilization,Site Preparation&Ctean-up 10,000.00 1,500.00 13,827.09 7,640.00 8,000.00 2,025.00 10,000.00 5,000.00 3,500.00 15,000.00 2 Roofing Demolitlon 22,500.00 16,000.00 21,998.11 17,100.00 16,000.00 52,975.00 22,080.00 13,718.00 12,000.00 25,300.00 3 Roof Installation 91,000.00 78,000.00 70,15037 81,895.00 90,000.00 71,500.00 101,292.00 123,%5.00 130,944.00 113,000.00 4 5heathing Replacement 2,500.00 400.00 825.00 2,500.00 1,562.50 1,500.00 1,390.Od 2,250.00 2,000.00 8,000.00 sub total 126,000.00 95,900.00 106,810.57 109,135.00 115,562.50 128,000.00 134,762.00 144,933.00 148,444.00 161,300.00 9.5%sales tax 11,970.00 9,110.50 10,147.00 10,367.83 10,978.44 12,160.00 12,802.39 13,768.64 14,102.18 15,323.50 total 137,970.00 105,010.50 116,957.57 119,502.83 126,540.94 140,160.00 147,56439 158,701.64 162,546.18 176,623.50 � YJ � 0 n - m 3 � V � AGENDA ITEM # 9. a) CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORlZING THE MAYOR AND CITY CLERK TO ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT FROM THE STATE OF WASHINGTON EMERGENCY MANAGEMENT DIVISION. WHEREAS, the Emergency Management Performance Grant ("EMPG") Program provides federal funds to assist state, local, tribal and territorial governments in p�eparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act (6 U.S.C. § 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121, et seq.); and WiiEREAS, the State of Washington ("State") is required to distribute to a portion of the federa! award to local jurisdictions to sustain and enhance local emergency management �I programs in their preparation for all hazards consistent with 41 U.S.C. § 5121; and I WHEREAS, Renton submitted a timely application for and has been awarded a Federal Fiscal Year 2015 EMPG in the amount of$72,093; and WHEREAS, Renton has received an award letter from the State, a copy of which is attached ' as Exhibit A and incorporated by this reference, which serves as the official notification of the I award,with the grant agreement contract to be prepared at a later date; and WHEREAS, as the EMPG will be disbursed later in the year, there will be a period of time, during the performance period, during which Renton will not be able spend against the grant, effectively shortening the performance period; and 1 AGENDA ITEM # 9, a) , RESOLUTION NO. WHEREAS, as the State has not yet prepared the grant agreement contract, Renton must accept the grant by resolution in order to utilize the grant funds as soon as they are received from the State; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The findings noted above are true and correct in all respects. SECTION II. The City Council accepts the Federa) Fiscal Year 2015 EMPG in the amount of $72,093, and authorizes the Mayor and City Clerk to execute the grant agreement contract at a later date. 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 RE5.1678:8/17/15:jlc 2 AGENDA /TEM # 9, a) � gTA S �♦ � M�ti STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS:TA-20 Buiiding 20 � Camp Murray, Washington 98430-5000 Phone:(253)512-7000 • Fax�(253)512-7207 August 12,2015 Deba�ah Needham City of Renton Office of Emergency Management 1055 S Grady Way Re�ton,WA 98057-3232 Dear Ms.Needham: This letter serves as official notification that the City of Renton Office of Emergency Management will receive a Federat Fiscal Year 2015 Emergency Management Performance Grant(EMPG)award in the amount of$72,093 from the Washington State Military Department. Once we receive the FFY 2015 EMPG award,a grant agreement contract will be initiated and forwarded to your grant contact. Thank you for your patience.If you have any questions,please contact:Gary Stumph,253-512-7483, Rarv.stumnht�mil.wa.¢�v,�r Sierra Wardell,253-512-7121,sierra.wardell(�mil.wa.aov. Sincerely, S'r�.�ck.�-d� � Charma Anderson Preparedness Grants Section Superviso� Exhibit A—RE5.1678:8/17/15:j1c AGENDA ITEM # 9. b) CITY OF RENTON,WASHiNGTON . RESOLUTION N0. A RESOLUTION OF THE CI7Y OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY ANO SNOHOMISH COUNTY, AND THE CITIES OF BELLEVUE, BOTHELL, CLYDE HILL, EDMONDS, ISSAQUAH, KENMORE, KENT, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, MILL CREEK, MOUNTLAKE TERRACE, MUKILTEO, NEWCASTLE, REDMOND, SAMMAMISH, SEATTLE, SHORELINE AND WOODINVILLE; AND THE TOWNS OF BEAUX ARTS VILLAGE, HUNTS POINT, WOODWAY AND YARROW POINT, REGARDING THE WATERSHED BASINS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY$. WHEREAS, Renton, as well as King County, Snohomish County, and the cities of Bellevue, Bothell, Clyde Hifl, Edmonds, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Sammamish,Seattle, Shoreline and Woodinville; and the towns of Beaux Arts Village, Hunts Point, Woodway and Yarrow Point (collectively referred to as the "Parties"), are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement;and ' WHEREAS, the Parties ente�ing into this agreement are all located in King County or Snohomish County, lying wholly or partially within the management area of Watershed Resource Inventory Area 8, which includes all or portions of the Lake Washington, Cedar River, and Sammamish River basins ("WRIA 8"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon 1 AGENDA ITEM # 9. b) RESOLUTION NO. Conservation Plan and improving watershed health for the watershed basins in WRIA 8, and wish to provide for funding and implementation of various adivities and projects therein; and WHEREAS, the Parties have participated in several interlocal agreements and contributed to the Puget Sound Salmon Recovery Plan; and WHEREAS, the Parties have an interest in achieving multiple benefits by continuing integrating salmon recovery planning and actions with floodplain management, water quality and agriculture; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION I1. The Mayor and City Clerk are autharized to enter into an interlocal agreement with the Parties regarding the watershed basins within the geographical planning area of in WRIA 8. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk 2 AGENDA ITEM # 9, b) RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RE5.1677:7/28/15:scr 3 AGENDA /TEM # 9. c) CITY OF REIVTON,WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND THE CITIES OF ALGONA, AUBURN, BLACK DIAMOND, BURIEN, COVINGTON, DES MOINES, ENUMCLAW, FEDERAL WAY, KENT, MAPLE VALLEY, NORMANDY PARK, SEATAC, SEATTLE, TACOMA AND TUKWILA, REGARDING THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL PUGET SOUND WATERSHEDS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY 9. WNEREAS, Renton, as wel) as King County and the cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, , Normandy Park, Seatac, Seattle, Tacoma and Tukwila (collectively referred to as the "Parties"), a�e authorized, pursuant to RCW Chapter 39.34,the Interlocal Cooperation Act,to enter into an interlocal government cooperative agreement; and WHEREAS, the Parties entering into this agreement are all located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource tnventory Area 9, which includes portions of WRIA 8, 10, and 15, {"WRIA 9"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green , River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning,funding and implementation of various activities and projects therein; and 1 AGENDA ITEM # 9, c) RESOLUTION N0. WHEREAS, the Parties have participated in several interlocal agreements, implemented the Salmon Habitat P/an and contributed to the Puget 5ound Salmon Recovery Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by continuing working together integrating salmon recovery planning and actions;and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Parties regarding the Green River, Duwamish River and Central Puget Sound Watersheds within the geographical planning area of WRIA 9. PASSED BY THE CITY COUNCIL this day of , 2015. lason A.Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor 2 AGENDA /TEM # 9, c) RESOLUTION NO. Approved as to form: Lawrence 1. Warren, City Attorney RES.1676:7/28/15:scr 3 AGENDA /TEM # 9. d) CITY OF RENTON,WASHINGTON ORDINANCE N0. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 1-3-1, 1-3-2 AND 1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES,OF TITLE I (ADMINISTRATIVE�, SECTION 6-1-3 OF CHAPTER 1, JUNK VEHICLES OR ABANDONMENT OF VEHICLES, OF TITLE VI (POLICE REGULATIONS), ANO SECTION 8-1-4, UNLAWFUL STORAGE, DEPOSIT, DISPOSAL, SCAVENGING, AND HAULING OF SOLID WASTE, OF TITLE Vlil (HEALTH AND SANITATION) OF THE RENTON MUNICIPAL CODE, BY MAKING VIOLATIONS OF 6-1-3 AND 8-1-4 CIVIL INFRACTIONS AND CORRECTING ASSOCIATED REGULATIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECrION 1. Subsection 1-3-1.A.1, of section 1-3-1, C�iminal Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as follows: 1. Commit any act declared by any of the provisions of the Renton Municipal Code to be unlawful criminal conduct, or any unlawful criminal act for which there is no stated penalty, or who shall fail to comply therewith; or SECTION II. Subsection 1-3-2.A.1, Code Violations, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as fol lows: 1. Code Violatians: Violations of RMC Chapters 4-2 (Zoning Districts — i Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts, I except as it relates to Adult Retail and Entertainment), 4-4 (City-Wide Property Development Standards), 4-5 (Building and Fire Prevention Standards, except as I it relates to multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits 1 il . AGENDA ITEM # 9, d) ORDINANCE N0. — Speci�c), 4-10 (Legal Nonconforming Structures, Uses and Lots), S-5 (Business Licenses), 6-1 (Junk Vehicles or Abandonment of Vehiclesl, 8-1 (Garba�e), 8-2 (Storm And Surface Water Drainage), 8-4 (Water), 8-5 (Sewers), 8-7 (Noise Level Regulations), 9-8 (Sidewalk Construction) and 9-10 (Street Excavations), shall be considered civil cade violations under this Section. SECTION 111. Subsection 1-3-3.6.19.g.ii, Dumping, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as follows: ii. Dumping: Any violation of Q""'' � '^ � "�'�^� :^ ��`, RMC 6-14-16 (Dropping �itter from Air Craft), ;�'.;:��:::o;, °""�� , � , , , , RCW 70.95.240 (Unlawful to dump or deposit solid waste without permit — Penalties — Litter cleanup restitution payment), and any applicable rule or regulation; SECTION IV. Subsection 6-1-3.1, Penalties, of Chapter 1, lunk Vehicles or Abandonment of Vehicles, of Title VI (Police Regulations) of the Renton Municipal Code, is hereby amended as follows: 1. Penalties: Any person violating subsection A of this Section shall be guilty of a , 5ec�ie�sqal�-be—i��ee{a--wi�h RME � 3-= civil infraction, and subiect to the penalties of RMC 1-3-2, as it currentiv exists or is hereafter amended. 2 AGENDA /TEM # 9. d) ORDINANCE N0. SECTION V. Subsection 8-1-4.0 of section 8-1-4, Unlawfui Storage, Deposit, Disposai, Scavenging, and Hauling of Solid Waste, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is hereby amended as follows: O. Any violation of this Section shall be a M��a�� a��a "., o�`"' °A.'�.^'�� civil infraction, and subiect to the penalties of RMC 1-3-2, as it currently exists or is hereafter amended. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30)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:1874:7/28/i5:scr 3 AGENDA /TEM # 9, e) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-250 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) AND SECTION 5-5-3 OF CHAPTER 5, BUSINE55 LICENSES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF THE RENTON MUNICIPAL CODE, E5TABLISHING A PROCESS FOR LOCAL LICENSING OF MARUUANA BU5INESSES. WHEREAS, state Initiative 697 legalized medical marijuana but with little regulation; and WHEREAS, the matter of legalized marijuana through Initiative 697 was duly referred to the Planning Commission for investigation, study, and the matter having been duly �, considered by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on August 6, 2014, having duly considered all matters relevant thereto, and all parties having been heard appearing in I support or opposition;and WHEREAS,the Council held the matter pending action from the legislature; and WHEREAS, the legislature this year enacted 255B 5052 regulating medical marijuana and the Governor signed the bill into law; and WHEREAS, 2556 5052 provides a method for medical marijuana retail businesses meeting certain crite�ia to obtain a state license or endorsement; NOW,THEREFORE, TME CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 AGENDA /TEM # 9, e) RESOLUTION NO. SECTION II. The City Council hereby declares that as of August 1, 2015 no new marijuana establishments involved in the selling, dispensing, producing, or processing of marijuana will be permitted without first obtaining a license or endorsernent from the state. SECTION 111. Section 4-1-250, Marijuana Regulations, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended to add a new subsection 4-1-250.E entitled "Procedure for Obtaining City License for Marijuana Use", to read as shown below. The currently codified subsection 4-1- 250.E, Zoning, shall be relettered as subsection F. E. PROCEDURE FOR OBTAINING CITY LICENSE FOR MARIJUANA USE: 1. Anv mariivana retailer. producer, or processor must obtain and maintain a valid LiQuor and Cannabis Board license or endorsement to sell, produce or qrocess mariivana in the Citv of Renton at the state apnroved location. Anv existin� mariivana businesses and oaerations do not currentiv have a valid state license must applv for and receive a license or endorsement at the first opportunitv to do so, but in no event be later than luly 1, 2016. 2. Upon timelv obtainin� a mariivana license or endorsement from the state and complvin�with the Citv Zonin�Code and other apqlicable Citv codes. and upon application and qavment of all apqropriate taxes and/or fees. a Citv business license may be issued. SEC710N IV. Subsection 5-5-3.G.5.a of section 5-5-3, General Business License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is hereby amended as follows; 2 AGENDA ITEM # 9, e) RESOLUTION NO. a. The Administrative Services Administrator may deny, suspend any license application and/or revoke any license issued pursuant to this Chapter to any business enterprise or other license holder who: i. Is in default in any payment to the City, except for current taxes and other obligations not past due; ii. Has obtained a license or pe�mit by fraud, misrepresentation, or concealment; iii. Is or has been convicted of, forFeits bond upon, or pleads guilty to any felony offense directly related to the operation of the applicant's or license holder's business; ' iv. Makes false statements, misrepresentations or fails to � disclose material facts to the City related to any permits or applications; v. Violates or allows employees, visitors, or patrons to violate federal, state, or municipal law; or violates any land use, building, safety, fire or health regulation on the premises in which the business is located. vi. Fails to obtain or maintain a valid state business license or snecial endorsement for a saecific activitv. SECTION V. This ordinance shall be effective upon its passage, approval, and thirty (30)days after publication. 3 AGENDA ITEM # 9, e) RESOLUTION N0. 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 1. Warren, City Attorney Date of Publication: 0 RD:1867:7/24/15:scr 4 � CITY OF EXECUTIVE DEPARTMENT .,._. Renton � -_.._,.__ M E M O R A N D U M DATE: September 14, 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, preventative street maintenance,traffic impact projects, and road closures will be at the following locations: • Monday, September 14th and Tuesday, September 15th, approximately 8:30 a.m.to 3:30 p.m. The right-turn lane of northbound South 7th Street at Shattuck Avenue will be closed on Monday, September 14th, followed by the southbound lane on Tuesday, September 15th, for excavation of Luminaire bases. Questions may be directed to Keith Wooley, 425- 430-7318. • Monday, September 14th through Friday,September 18th, approximately 8:30 a.m.to 3:30 p.m. The right lane of Grady Way, between Rainier Avenue S and Oakesdale Avenue SW, will have limited closures in both the east and westbound lanes for work on the newly placed pedestrian ramps. Questions may be directed to project manager poug lacobson, 425-430-7274, or on-site inspector Todd Freih, 206-999-1832. � Monday, September 14th through Friday, September 25th,approximately 7 a.m.to 3:30 p.m. Westbound lane closures for pavement patching at SE May Valley Road/NE 31st Street at Newcastle Road SE. Questions may be directed to Patrick Zellner at 425-430-7400. • Monday, September 14th through Friday,September 25th, approximately 7 a.m.to 4 p.m. Intermittent lane closures all directions of Houser Way North at North 8th Street for pavement patch installation. Questions may be directed to Patrick Zellner at 425-430-7400. � Monday, September 14th through approximately September 30th, approximately 7 a.m. to 3:30 p.m. Intermittent lane closures in various non-arterial locations throughout the city for annual overlay project. Questions may be directed to Jayson Grant at 425-766- 2134. � Monday, September 14th through approximately Friday, October 9th. The two east lanes on Main between 2nd and 3rd will be closed for water main improvements while the west lane will be open for traffic flow. Questions can be directed to on-site inspector Pat Miller at 206-794-6162. I Agenda Item No.: � RENTON CITY COUNCIL MEETIN6 . AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: G/� I I�� PLEASE PRINT 5 Minute Time Limit r � 3/ 5 V�Name: t�'P,►�Y10.� Name: Address: �(�� iv F, ��,�', /,Qr11� A Address: // / City: tSen�t,C�n Zip Code:� City: Zip Code: / Email:fp�l'�•a.brenh�►��r+�ai�.GOr� Email: � t.occ.l 1 i cerlsi r1 c�' �[`i hc� / Topic: 9 ,.� Topic: L�.t6i�n eS� 2 6 Name.1'tGGiGfV v (�Y/�`��' ��, Name: Address: 1 I g � U N��u �V GT"�V�'' I7�� Address: � � City: i c.e��b Y� Zip Code: 9�0�� City: Zip ode: Email:��I,t,L'tV, 1M�Ch an�P�-c"��i►d�'��i� c 11i�1 Email: Topic: C(,�l��i�� / ubl�1�1'�'PQ t�� Topic: / 3 �/ ( � Name�' � '�Va'!/� w � "'�, ��P� Name: f°' d �d .� • Address: � '/ � / Address: / .City:-f-JSGz��"'� Zip Code: �DO� � City: / Zip Code: ' `' -�',�m�/�,.,r'�� ,Q-� �,� / Email. `L L2� EmaiL• ! /Topic: ��y�y�Q�� ,G�� Topic: � ' 4 8 Y �,ti��y e.J�nGS, n� Name: Name: Address: �, / Address: / City: o . City: / Zip Code: ' Email: Email: � Topic: ,� Topic: , (CONTINUED ON REVERSE SIDE) (Continued from Reverse Side-Page 2) RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET � CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit . � 9 13 � Name: /1 / Name: Address: // Addresr. / / / City: Zip Code: City: Zip Co e: // Email: Email: Topic: / Topic: / 10 14 Name: Name: Address: � Address: � City: Zip Code: / City: Zi Code: Email: � Email: Topic: / Topic: / 11 15 � Name: Name: Address: / Address: / City: Zi Code: City: / Zip Code: Email: Email: � Topic: / Topic: / 12 16 Name: Name: Address: / Address: � City: / Zip Code: City: ' Zip Code: Email: � Email: I Topit: Topit: CITY��VED gl� PLANNING AND DEVELOPMENT COMMITTEE � �UN �L, COMMITTEE REPORT �tz ,�/ � September 14, 2015 Making Junk Vehicles and Unlawful Storage of Solid Waste Civil Infractions (August 10, 2015) The Planning and Development Committee recommends concurrence in the staff recommendation to amend City Code to add abandoned vehicles or illegal storage of non- operable vehicles and unlawful storage, disposal, scavenging and hauling of solid wastes throughout the City as violations of 6-1-3 and 8-1-4 Civil Infractions. The Committee further recommends that the ordinance regarding these changes be presented for first reading. Not in Attendance Randy Corman, Chair Ar�ndo Pavone, Vice Chair �� Marcie Palmer, Member � cc: Craig Burnell, Building Official Donna Locher, Lead Code Compliance Inspector Debra Mikolaizik,Administrative Secretary COMMITTEE OF THE WHOLE C��VED gY COMMITTEE REPORT ��UNC�� '�atz �`�� September 14, 2015 r � Hiring of Communication Consultant for the Fire & Emergency Services Department � � (September 14, 2015) The Committee of the Whole recommends concurrence in the staff recommendation to � approve the hiring of Liz Loomis as a communications consultant, effective immediately, at an hourly rate of$220, not to exceed $30,000; and approval of additional expenditures not to exceed $20,000 to fund a direct mailing piece and to cover her travel expenses. . d Prince, Council President cc: Deputy Chief Chad Michael, Fire&Emergency Services FINANCE COMMITTEE �P��VED F.�Y� COMMITTEE REPORT ��N COUyV IL, ��+_a�Y rS September 14, 2015 � '�� Enterprise Asset Management System purchase and implementation (August 10, 2015) The Finance Committee recommends concurrence in the staff recommendation to approve the implementation of the software "Cityworks" as a replacement for InforEAM system for the Public Works department, as well as continue the efforts to pilot and evaluate the software as potential replacement of InforEAM by the Community Services Facilities and Golf Course Maintenance Divisions, and as a new asset management system for the Parks Maintnenace division. Don Persson, Chair �o�- v►� �Q�.e�n� cw�C� Greg Taylor, Vice Chair rm ndo Pavone, Member cc: Jamie Thomas, Finance Director Kari Roller, Financial Services Manager FINANCE COMMITTEE REPORT ��'�'ROVEp ��. � c�V�C�� September 14, 2015 �✓`�}� �Y / APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 14, 2015 claims vouchers 340321 I� — 340968, 7 wire transfers and 2 payroll runs with benefit withholding payments totaling $12,409,614.13 and payroll vouchers including 1,704 direct deposits and 161 payroll checks totaling$3,449,219.81. � C� Don Persson, Chair ►��o� � � Greg Taylor, Vice-Chair ;- mo do Pavone, Member C1��V�� gY PLANNING AND DEVELOPMENT COMMITTEE c�UN �� COMMITTEE REPORT ��Z, T�/L� � September 14, 2015 I Making Junk Vehicles and Unlawful Storage of Solid Waste Civil Infractions (August 10, 2015) The Planning and Development Committee recommends concurrence in the staff recommendation to amend City Code to add abandoned vehicles or illegal storage of non- operable vehicles and unlawful storage, disposal, scavenging and hauling of solid wastes throughout the City as violations of 6-1-3 and 8-1-4 Civil Infractions. The Committee further recommends that the ordinance regarding these changes be presented for first reading. Not in Attendance Randy Corman, Chair Arr��indo Pavone, Vice Chair � �� Marcie Palmer, Member cc: Craig Burnell, Building Official Donna Locher, Lead Code Compliance Inspector Debra Mikolaizik,Administrative Secretary � COMMITTEE OF THE WHOLE aPPR�VED gY COMMITTEE REPORT �'� C�UNCI�., �ata � ry September 14, 2015 r�� I Hiring of Communication Consultant for the Fire & Emergency Services Department (September 14, 2015) I The Committee of the Whole recommends concurrence in the staff recommendation to approve the hiring of Liz Loomis as a communications consultant, effective immediately, at an hourly rate of$220, not to exceed $30,000; and approval of additional expenditures not to exceed $20,000 to fund a direct mailing piece and to cover her travel expenses. d Prince, Council President cc: Deputy Chief Chad Michael, Fire&Emergency Services J I FINANCE COMMITTEE �PPROVEC3 g`�' ��N CD COMMITTEE REPORT U�V IL ��t� a rY l.S , September 14, 2015 - I Enterprise Asset Management System purchase and implementation (August 10, 2015) � The Finance Committee recommends concurrence in the staff recommendation to approve the implementation of the software "Cityworks" as a replacement for InforEAM system for the Public Works department, as well as continue the efforts to pilot and evaluate the software as potential replacement of InforEAM by the Community Services Facilities and Golf Course Maintenance Divisions, and as a new asset management system for the Parks Maintnenace ' division. Don Persson, Chair �o�- v�n �Q�n� c�v�C� Greg Taylor, Vice Chair rm ndo Pavone, Member cc: Jamie Thomas, Finance Director Kari Roller, Financial Services Manager J �_ �. FINANCE COMMITTEE REPORT September 14, 2015 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 14, 2015 claims vouchers 340321 — 340968, 7 wire transfers and 2 payroll runs with benefit withholding payments totaling $12,409,614.13 and payroll vouchers including 1,704 direct deposits and 161 payrol) checks totaling$3,449,219.81. ` ��. � � Don Persson, Chair I��o�- v�n � Greg Taylor,Vice-Chair I . - mo do Pavone, Member � II STAFF RECAP COUNCIL MEETING REFERRALS 9/14/2015 MOTIONS REFERRED TO ADMINISTRATION: None. Other Requests: Ramp Metering on I-405 briefing at 9/17/2015 Transportation (Aviation) Committee meeting. - Zimmerman MOTIONS REFERRED TO COUNCIL COMMITTEE: None. *The consent agenda items were adopted as presented. �., � CITY OF _J� n. ��. � M I N UTES City Council Regular Meeting 7:00 PM-Monday,September 14,2015 Council Chambers,7th Floor, City Hall—1055 S.Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Councilmembers Absent: Ed Prince,Council President Randy Corman Armondo Pavone Greg Taylor Ruth Perez Don Persson Marcie Palmer MOVED BY PRINCE,SECONDED BY PERSSON,COUNCIL EXCUSE ABSENT I COUNCILMEMBERS RANDY CORMAN AND GREG TAYLOR.CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Lawrence J.Warren,City Attorney Megan Gregor, Deputy City Clerk Preeti Shridhar, Deputy Public Affairs Administrator Chip Vincent, Community& Economic Development Administrator Gregg Zimmerman, Public Works Administrator Deborah Needham, Fire&Emergency Services Department CommanderJohn Schuldt, Police Department September 14, 2015 REGULAR COUNCIL MEETING MINUTES PROCLAMATIONS a) Recovery Month-September 2015.A proclamation by Mayor Law was read declaring the month of September 2015 to be"National Recovery Month" in the City of Renton,and encouraged all citizens to join him in the special observance.Jackie Berganio from King County Department of Community of Human Services, Mental Health/Chemical Abuse and Dependency Services Division accepted the proclamation and expressed appreciation to the Mayor and Council for taking time to focus on this issue. MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL ADOPT THE PROCLAMATION AS READ.CARRIED. b) Mayor's Day of Concern for the Hungry-September 19,2015.A proclamation by Mayor Law was read declaring September 19,2015 to be "Mayor's Day of Concern for the Hungry" in the City of Renton, and strongly urged all citizens to join the Emergency Feeding Program and the Salvation Army Renton Rotary Food Bank in their efforts to nourish those who are hungry. Marlene Poland Office Manager from the Emergency Feeding Program,accepted the proclamation and expressed gratitude to the City of Renton for supporting efforts to feed the hungry. MOVED BY PRINCE,SECONDED BY PAVONE,COUNCIL ADOPT THE PROCLAMATION AS READ. CARRIED. c) Childhood Cancer Awareness Month-September 2015.A proclamation by Mayor Law was read declaring the month of September 2015 to be"Childhood Cancer Awareness Month" in the City of Renton,and encouraged all citizens to join him in the special observance and to explore ways to help people in the local community,and join the fight to cure cancer. Olivia Gonzalez and her son Antonio,a childhood cancer survivor,accepted the proclamation and thanked the Mayor and Council for their support in helping spread awareness about childhood cancer.She afso shared her family's story and ways others can help those experiencing childhood cancer in their lives. MOVED BY PRINCE,SECONDED BY PAVONE,COUNCIL ADOPT THE PROCLAMATION AS READ. CARRIED. SPECIAL PRESENTATION Washington State Department of Transportation(WSDOT)Presentation:I-405 Renton to Bellevue Express Toll Lanes&I-405/SR 167 Direct Connector Project.WSDOT Program Director Kim Henry and Assistant Secretary of the Toll Division Craig Stone updated Council on changes that will be happening to the I-405 Express Toll Lanes in the coming year. Based on current trends of rapid population and job growth, increasing traffic congestion is predicted to worsen in coming years.WSDOT is implementing a number of projects to help alleviate this problem, including adding two lanes to I-405 in each direction, adding nine new transit centers, increasing transit service,adding new Park&Ride spaces,adding new vanpools, implementing HOV direct access ramps and flyer stops,and adding Express Toll Lanes.Additionally,the I- 405/SR 167 freeway-to-freeway Direct Connector is being constructed to serve 300,000 drivers each day,and it is scheduled to open late 2018. Clarification was provided regarding the I-405 Renton to Bellevue Express Toll Lanes and what the implementation of it will mean for drivers; it will create a dual express toll lane system between NE 6th Street in Bellevue and SR 167 in Renton,and will connect with the express toll September 14,2015 REGULAR COUNCIL MEETING MINUTES lanes between Bellevue and Lynwood and the SR 167 High Occupancy Toll(HOT) lanes to link a 40-mile continuous system of express toll lanes. Presenters shared the 15-year plan for implementation and next steps involved with successful follow-through, as well as clarifying exactly how the Express Toll Lanes will work.They also answered questions from Council regarding how WSDOT will measure the success of the program once it has been implemented. 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. Items noted were: • Various preventative street maintenance,traffic impact projects,and road closures wi�l continue to happen throughout the City. AUDIENCE COMMENT • Rebecca Brennan (Renton)expressed concerns regarding the ordinance related to local licensing of marijuana businesses.She shared her success with medical marijuana and urged Council to reconsider passing the proposed ordinance which she believes would cause the closing of inedical dispensaries and force her to obtain her medication from recreational dispensaries or the black market, negatively impacting her family's income. � • Howard McOmber(Renton) urged Council to consider alternative therapies,such as medical marijuana,for those with medical issues who may need such treatments for productive health management. He also invited Council to attend REACH Renton's Big Tent Gala on October 8th at 5:30 p.m. in the Renton Pavilion and expressed appreciation to the Mayor and Council for the 'Mayor's Day of Concern for the Hungry' proclamation. • S. Rowan Wilson (Issaquah)addressed her concerns regarding establishing a process for local licensing of marijuana businesses and suggested that Council 'table' any and all matters regarding the licensing of inedical marijuana businesses until the Washington State Liquor and Cannabis Board provides clearer licensing requirements. CONSENT AGENDA Items listed on the consent agenda were adopted with one motion,following the listing. a) Approval of the Council Meeting minutes of 8/10/2015. Council Concur. b) Mayor Law reappointed Laurie Beden to the Library Advisory Board,for a term expiring on 9/1/2020.Council Concur. c) Mayor Law reappointed the following individuals to the City Center Community Plan Advisory Board:Sybil Turner and George Daniels,for terms expiring on 4/30/2018;and Doug Baugh and Jim Stanek,for terms expiring on 4/30/2016.Council Concur. d) City Attorney recommended adoption of an ordinance amending RMC 1-3-3.A., Nuisances,to clarify the City's intent that calls to police reporting domestic violence, sex-related offenses, stalking,or any person requiring or requesting medical attention shall not be considered a nuisance or used against a person making such a call. Refer to Public Safety Committee. September 14,2015 REGULAR COUNCIL MEETING MINUTES e� City Clerk submitted a request for partial release of easement by Paul Ebensteiner of Lozier at Whitman Court, LLC,forthe Whitman Court PUD Townhomes Development located in the vicinity of NE 4th St.and Whitman Ct. NE. Refer to Utilities Committee. f) City Clerk submitted a request for partial release of easement by Christopher Santoro of Reserve at Renton Partners, LLLP,for the Renton Center Senior Living property located at 625 Renton Center Way SW. Refer to Utilities Committee. g) City Clerk reported the results from the 9/1/2015 bid opening for CAG-15-134-logan Ave. N- Airport Way to N 6th St. project; and submitted the staff recommendation to accept the lowest responsive bid submitted by lohansen Excavating, Inc. in the amount of$4,424,412.72.Council Concur. h) City Clerk submitted the 8/4/2015 Primary Election certification from King County Records and Elections as follows:Council Position No.4—Charles D.Seil 419 votes—5.08%; Ryan Mclrvin 5,034 votes—61.05%NOMINATED; Monique Taylor-Swan 2,741 votes-33.24%NOMINATED; Write-in 52 votes-0.63%.None;Information Only. i) Community&Economic Development Department recommended setting a public hearing on 10/5/2015 to consider approving the 2016 Community Development Block Grant allocation of funds for human services and economic development activities.Council Concur. j) Fire&Emergency Services Department recommended approval of an award letter from the Washington State Military Department to accept Department of Homeland Security Emergency Management PerFormance Grant funds in the amount of$72,093 to support the emergency management program. (See below for resolution.J Council Concur. k) Police Department recommended approval of a Cost Reimbursement Agreement with the King County Sheriff's Office to receive funds in the amount of$40,298.37 for the purpose of verifying the address and residency of registered sex and kidnapping offenders residing within the City limits of Renton. Council Concur. I) Transportation Systems Division recommended approval of Supplement#3 to CAG-13-142,with Perteet, Inc., in the amount of$811,730 to extend the completion date and provide construction management services for the Logan Avenue North (Airport Way to North 8th Street) Improvement Project. Refer to Transportation(Aviation)Committee. m) Transportation Systems Division recommended approval of a 35-year land lease of the 820 parcel to Rainier Flight Service,and approve the sublease of the 820 parcel to The Boeing Company under Amendment No.7 to LAG-10-001.Annual leasehold revenue generated would be$53,555.29. Refer to Transportation(Aviation)Committee. n) Transportation Systems Division recommended approval of an amendment to the Boeing , Employee Flying Association Lease (LAG-001-87) lease agreement for a land rental rate adjustment from$0.62 to$0.7252 per square foot per year in accordance with a January 2015 lease arbitration decision.Council Concur. '' o) Transportation Systems Division recommended approval of an amendment to the Bosair, LLC Lease(LAG-12-004)lease agreement for a land rental rate adjustment from$0.63 to$0.7252 per square foot per year in accordance with a January 2015 lease arbitration decision. Council Concur. September 14, 2015 REGULAR COUNCIL MEETING MINUTES p) Transportation Systems Division recommended approval of an Operating Permit and Agreement with Aviation Training Center acknowledging a sublease agreement between Bosair, LLC and Aviation Training Center in order for Aviation Training Center to conduct aviation schooling and training. Refer to Transportation (Aviation)Committee. q) Transportation Systems Division requested authorization of street closure of Burnett Avenue , South from South 2nd St.to South 3rd St.for the week of October 12,2015 through October , 19,2015 in order to repair the broken concrete in the street crossings. Refer to Transportation (Aviation)Committee. r) Transportation Systems Division recommended approval of an ordinance amending RMC 10-11- 1.B.10 to reduce the speed limit from 30 miles per hour to 25 miles per hour on Aberdeen Ave. NE between Sunset Blvd. NE and NE 27th St.to provide an additional measure of safety for pedestrians. Refer to Transportation(Aviation)Committee. s) Transportation Systems Division submitted Lower Blast Fence Rehabilitation Project(CAG-14- 088);and requests approval of the project to initiate closeout and release of the retainage bond once all required releases are obtained.Council Concur. t) Transportation Systems Division requested approval of an amendment to the Landing Gear Works, lLC lease (LAG-13-005)to request additional storage space and extend the term of the lease for an additional 12 months,until August 31,2017;with a net revenue increase of $563.99 per year. Refer to Transportation(Aviation)Committee. u) Transportation Systems Division submitted the 800 Building Final Improvement Project(under JOC Work Order 36-15 to CAG13-149); and requested approval of the project to initiate closeout and release of the retainage bond once all required releases are obtained. Council Concur. v) Utility Systems Division recommended approval of the Water Resource Inventory Area (WRIA) 8 &9 interlocal agreements for a total cost in 2016 of$33,331 to assist in funding the resources needed to perform work associated with the implementation of the WRIA 8 &9 plans for the time period of 2016-2025.(See below for resolutions.J Council Concur. w) Utility Systems Division reported bid opening on 8/13/2015 for CAG-15-154-Roof Replacement at Maplewood Booster Pump Station;and submitted staff recommendation to accept the lowest responsive bid submitted by K-A General Construction Contractor LLC, in the amount of $116,957.57.Council Concur. MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED.CARRIED. UNFINISHED BUSINESS a) Council President Prince presented a report recommending concurrence in the staff recommendation to approve the hiring of Liz Loomis as a communications consultant,effective immediately,at an hourly rate of$220, not to exceed$30,000; and approval of additional expenditures not to exceed$20,000 to fund a direct mailing piece and to cover her travel expenses. MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. September 14, 2015 REGULAR COUNCIL MEETING MINUTES b) Planning and Development Committee Vice-Chair Pavone presented a report recommending � concurrence in the staff recommendation to amend City Code to add abandoned vehicles or illegal storage of non-operable vehicles and unlawful storage,disposal,scavenging and hauling of solid wastes throughout the City as violations of 6-1-3 and 8-1-4 Civil Infractions.The Committee further recommended that the ordinance regarding these changes be presented for first reading. MOVED BY PAVONE,SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMI7TEE RECOMMENDATION.CARRIED. (See below for ordinance.J c) Finance Committee Chair Persson presented a report approving for payment on September 14, 2015 claims vouchers 340321-340968,7 wire transfers and 2 payroll runs with benefit witholding payments totaling$12,409,614.13 and payroll vouchers including 1,704 direct deposits and 161 payroll checks totaling$3,449,219.81. MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. d) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the implementation of the software"Cityworks" as a replacement for InforEAM system for the Public Works department,as well as continue the efforts to pilot and evaluate the software as potential replacement of InforEAM by the Community Services Facilities and Golf Course Maintenance Divisions,and as a new asset management system for the Parks Maintenance division. MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. RESOLUTIONS AND ORDINANCES Resolutions: a) Resolution No.4259-Emergency Management Program Grant:A resolution of the City of Renton,Washington,Authorizing the Mayor and City Clerk to accept an Emergency Management PerFormance Grant from the State of Washington Emergency Management Division. MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADOPT THE RESOLUTION AS PRESENTED.CARRIED. b) Resolution No.4260-WRIA 8 Interlocal Agreement:A Resolution of the City of Renton, Washington,Authorizing the Mayor and City Clerk to enter into an Interlocal Agreement with King County and Snohomish County,and the Cities of Bellevue, Bothell,Clyde Hill, Edmonds, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond,Sammamish,Seattle Shoreline and Woodenville;and the Towns of Beaux Arts Village, Hunts Point,Woodway and Yarrow Point, regarding the Watershed Basins Within the Geographical Planning Area of Water Resource Inventory 8. MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADOPT THE RESOLUTION AS PRESENTED.CARRIED. September 14,2015 REGULAR COUNCIL MEETING MINUTES c) Resolution No.4261-WRIA 9 Interlocal Agreement:A Resolution of the City of Renton, Washington Authorizing the Mayor and City Clerk to enter into an Interlocal Agreement with King County and the Cities of Algona,Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park,SeaTac,Seattle,Tacoma and Tukwila regarding the Green River, Duwamish River and Central Puget Sound Watersheds within the Geographical Planning Area of Water Resource Inventory 9. MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL ADOPT THE RESOLUTION AS PRESENTED.CARRIED. Ordinances for first reading: d) Amending Ordinance 6-1-3 and 8-1-4-Junk Vehicles:An Ordinance of the City of Renton, Washington, amending Sections 1-3-1, 1-3-2 and 1-3-3 of Chapter 3, Remedies and Penalties,of Title I (Administrative),Section 6-1-3 of Chapter 1,Junk Vehicles or Abandonment of Vehicles, of Title VI (Police Regulations), and Section 8-1-4, Unlawful Storage, Deposit, Disposal, , Scavenging,and Hauling of Solid Waste,of Title VIII (Health and Sanitation)of the Renton � Municipal Code, by making violation so 6-1-3 and 8-1-4 Civil Infractions and correcting I associated regulations. MOVED BY PAVONE,SECONDED BY PALMER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/21/2015. CARRIED. �I e) Adopt Regulations Establishing a Process for Local Licensing of Marijuana Businesses:An Ordinance of the City of Renton,Washington,Amending Section 4-1-250 of Chapter 1, Administration and Enforcement,ofTitle IV(Development Regulations)and Section 5-5-3 of Chapter 5, Business Licenses of Title V(Finance and Business Regulations)of the Renton Municipal Code, Establishing a process for local licensing of marijuana businesses. MOVED BY PAVONE,SECONDED BY PALMER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/21/2015.CARRIED. NEW BUSINESS See attached Council Committee meeting calendar. AUDIENCE COMMENTS The following individuals spoke regarding the potential passing of an ordinance(see above) regarding regulations establishing a process for local licensing of marijuana businesses.They shared concerns that this ordinance may violate their human rights and their rights to privacy as patients, raise the cost of their(marijuana) medication,and reduce their ability to access their needed medication.Some also thanked Council for their willingness to allow the businesses to maintain their operations while they try to obtain the required licenses: • Alex Pierce(Renton) • lohn Worthington (Renton) • Kristen Deskin (Renton) • Jason Gardiner(Renton) September 14,2015 REGULAR COUNCIL MEETING MINUTES EXECUTIVE SESSION&AADJOURNMENT MOVED BY PRINCE,SECONDED BY PALMER,COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS POTENTIAL PROPERTY ACQUISITION -RCW 42.30.110(1)(b)WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED.CARRIED.TIME 8:35 P.M. Executive session was conducted.There was no action taken.The executive session and the Council meeting adjourned at 8:58 p.m. C Jason .Seth,CMC,City Clerk Megan Gregor, Recorder Monday,September 14,2015 September 14,2015 REGULAR COUNCIL MEETING MINUTES Council Committee Meeting Calendar September 14, 2015 REVISED �Sep#ember 17,2015 Thursday 4:00 PM Transportation Committee, Chair Palmer- Council Conference Room 1. Aberdeen Ave. NE Speed Limit Reduction 2. Airport 820 Parcel: Rainier Flight Service Lease & Boeing Sublease Agreements 3. Aviation Training Center Operating Permit&Sublease Agreement 4. Burnett Ave. S/ Renton Transit Center Street Closure 5. Landing Gear Works LLC - Lease Amendment 02-15 � 6. Supplemental Agreement for Logan Ave. N Improvement Project 7. Emerging Issues in Transportation 8. Update on Ramp Meters September 21, 2015 � Monday 4:00 PM Public Safety Committee, Chair Pavone, Council Conference Room 1. WMAS (Washington Mutual Aid System) Briefing 2. Ordinance Amending RMC 1-3-3.A, Nuisances 4:45 PM Finance Committee, Chair Persson - Council Conference Room 1. Vouchers 2. Emerging Issues in Revenue Streams 5:30 PM Committee of the Whole, Chair Prince - 7th Floor Conferencing Center 1. Inclusion Update 2. Communications Update 3. Regionallssues Council Committee Meeting Calendar September 14, 2015 . . : ., � . . , September:17.2015 _. - , .. Thursday ` 4:00 PM Transportation Committee, Chair Palmer - Council Conference Room 1 . Aberdeen Ave. NE Speed Limit Reduction 2. Airport 820 Parcel: Rainier Flight Service Lease & Boeing Sublease Agreements 3. Aviation Training Center Operating Permit & Sublease Agreement 4. Burnett Ave. S / Renton Transit Center Street Closure 5. Landing Gear Works LLC - Lease Amendment 02-15 6. Supplemental Agreement for Logan Ave. N Improvement Project 7. Emerging Issues in Transportation September 21, 2015 Monday 4:00 PM Public Safety Committee, Chair Pavone, Council Conference Room 1 . WMAS (Washington Mutual Aid System) Briefing 2. Ordinance Amending RMC 1-3-3.A, Nuisances 4:45 PM Finance Committee, Chair Persson - Council Conference Room � 1 . Vouchers 2. Emerging Issues in Revenue Streams 5:30 PM Committee of the Whole, Chair Prince - 7th Floor Conferencing Center 1 . Inclusion Update 2. Communications Update 3. Regionallssues Denis Law Clty Of ,� Mayor D ti, Y O � V s "� � * � • '�� City Clerk -Jason A.Seth,CMC September 17, 2015 Sybil Turner 315 Smithers Ave S Renton, WA 98057 Re: Reappointment to the City Center Community Plan Advisory Board Dear Ms. Turner: At the regular Council meeting of September 14, 2015, the Renton City Council concurred in your reappointment by Mayor Denis Law to the City Center Community Plan Advisory Board for a term expiring on April 30, 2018. Congratulations on your reappointment. Your service on the City Center Community Plan Advisory Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to contact me. Sincerely, � Jason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Chip Vincent,CED Administrator Angie Mathias,Associate Planner April Alexander, Executive Assistant-Mayor Office 1055 South Grady Way• Renton,Washington 98057•(425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Mayor � Cl� Of ,Sy � ��• ��s' . � . � "�� ,�o� N City Cierk -Jason A.Seth,CMC September 17, 2015 George Daniels 215 Garden Ave N Renton, WA 98057 Re: Reappointment to the City Center Community Plan Advisory Board Dear Mr. Daniels: At the regular Council meeting of September 14, 2015,the Renton City Council concurred in your reappointment by Mayor Denis Law to the City Center Community Plan Advisory Board for a term expiring on April 30, 2018. Congratulations on your reappointment. Your service on the City Center Community Plan Advisory Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to contact me. Sincerely, � � Jason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Chip Vincent,CED Administrator Angie Mathias,Associate Planner April Alexander, Executive Assistant- Mayor O�ce 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(4Z5)430-6516•rentonwa.gov Denis Law Cl� Of Mayor D ��Y � � Vs � ♦ .�.� ♦ � '��'NT�� City Clerk -Jason A.Seth,CMC September 17, 2015 Doug Baugh 750 Houser Way N Renton, WA 98057 Re: Reappointment to the City Center Community Plan Advisory Board Dear Mr. Baugh: At the regular Council meeting of September 14, 2015,the Renton City Council concurred in your reappointment by Mayor Denis Law to the City Center Community Plan Advisory Board for a term expiring on April 30, 2016. Congratulations on your reappointment. Your service on the City Center Community Plan Advisory Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to contact me. Sincerely, . son A. eth City Clerk cc: Mayor Denis Law Council President Ed Prince Chip Vincent,CED Administrator Angie Mathias,Associate Planner Apri)Alexander, Executive Assistant- Mayor Office 1055 South Grady Way•Renton,Washington 98057•(425)430-6510/Fax(425)430-6516• rentonwa.gov � D M�odW Clty �f .ty � p� �� . ,fp� N City Clerk -Jason A.Seth,CMC September 17, 2015 Jim Stanek 211 Shattuck Ave S, Apt. B-17 Renton, WA 98057 Re: Reappointment to the City Center Community Plan Advisory Board Dear Mr. Stanek: At the regular Council meeting of September 14, 2015,the Renton City Council concurred in your reappointment by Mayor Denis Law to the City Center Community Plan Advisory Board for a term expiring on April 30, 2016. Congratulations on your reappointment. Your service on the City Center Community Plan Advisory Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to contact me. Sincerely, I e Jason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Chip Vincent, CED Administrator Angie Mathias,Associate Planner April Alexander, Executive Assistant- Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Clty Of ,�y � Mayor � t � p s "A . � � � ♦ YQ�'NTO� City Clerk -Jason A.Seth,CMC September 17, 2015 Laurie Beden 1140 N. 27th PI Renton WA 98056 ' Re: Reappointment to the Library Advisory Board Dear Ms. Beden: I At the regular Council meeting of September 14, 2015,the Renton City Council concurred in your reappointment by Mayor Denis Law to the Library Advisory Board for a term expiring September 1, 2020. Congratulations on your reappointment. Your service on the Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, � Jason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Terry Higashiyama,Comm Svcs Administrator April Alexander, Executive Assistant-Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov CITY OF RENTON August 27th, 2015 AUG 2 7 2015 City Clerk Jason Seth RECEIVED Renton City Hall CITY CLERK'S OFPICE 1055 S. Grady Way Renton, WA 98057 Dear City Clerk Seth: ' My name is Jason Gardiner, and I am one of the owners of B&J Holistic Services, aka. Life's Rx. My company has been operating in the City of Renton for the past two years as a Licensed Alternative Medicine Business serving the needs of Renton residents with the use of Medicinal Cannabis. During this time last year, my partner, Brian Rose, our employees, and many of our patients attended each of the City Council meetings to help educate and to ask for your support in continuing to allow Medical Cannabis shops to remain in the City of Renton. You were gracious enough then to listen to the importance of and need in continuing to support the patients of the City of Renton who use Medical Cannabis in their daily lives. We were all very grateful for the positive outcome during these meetings in allowing our patients to continue their treatments using Medical Cannabis through our Licensed Renton Business. Subsequent to the City Council Meetings,we also had the opportunity to meet personally with Mayor Law and his team, including Police Chief Milosevich and other important city officials. It was our desire at that time to ensure the Mayor and his staff that they were warking with an upstanding business that has the best interests of the City and our patients in mind. With the upcoming City Council Meetings to discuss the maratorium for Medical Cannabis, we would like to request your continued support of Licensed Medical Cannabis businesses operating ethical businesses in the City of Renton. I stress licensed, as we understand how non licensed shops not following proper protocols, i.e. paying State and Federal taxes, Employee ta�tes, collecting and paying Local Sales Tax, as well as being properly insured, is an issue for the City of Renton. We also believe that with the State allowing Medical Cannabis businesses to continue to operate until July of 2016,that it would be very unfair and unethical to the residents of the City of Renton to take away properly Licensed Medical Cannabis businesses.As you may or may not know, by July 2016, �11 Medical Cannabis businesses will be required to be licensed by the Washington State Liquor and Cannabis Board. T'hey have assured all properly operating shops,those that have paid a11 of their Federal, State and Local T�es, properly W-2 and Insure employees, Insure the business,that they will have the ability to maintain and get endorsed through the transition from non regulated to a regulated WSLCB business. We ourselves aze working with the WSLCB and our local State Representative, Jay Rodne, to obtain our licensing to operate retail and medical at our current location. In closing, I would like to urge each of you to continue to support the properly Licensed Medical Cannabis businesses operating ethically in the City of Renton. By not allowing Medical Cannabis to continue until the State set date of July 2016 you will be taking away at least one, very legitimate businesses such as ours that works very closely with our patients to provide them with the needed support, education, and medicine that they need to get through life on a daily basis. Not only will your decision affect that of our patients, but also their families and just as importantly eleven(11)well paid employees of Life's Rx, a few with families of their own, who have the safety and sanctity of a well paid and supportive job. Thank you for all of your support in the past and for your consideration of this current moratorium. Sincerely, Jason Gardiner Co-Founder B&J Holistic Services,Aka. Life's I� CITY OF RENTON, WASHINGTON RESOLUTION N0. 4259 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT FROM THE STATE OF WASHINGTON EMERGENCY MANAGEMENT DIVISION. WHEREAS, the Emergency Management Performance Grant ("EMPG") Program provides federal funds to assist state, local, tribal and territorial governments in preparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act (6 U.S.C. § 762) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121, et seq.); and WHEREAS, the State of Washington ("State") is required to distribute to a portion of the federal award to local jurisdictions to sustain and enhance local emergency management programs in their preparation for all hazards consistent with 41 U.S.C. § 5121; and WHEREAS, Renton submitted a timely application for and has been awarded a Federal Fiscal Year 2015 EMPG in the amount of$72,093; and WHEREAS, Renton has received an award letter from the State, a copy of which is attached as Exhibit A and incorporated by this reference, which serves as the official notification of the award, with the grant agreement contract to be prepared at a later date; and WHEREAS, as the EMPG will be disbursed later in the year, there will be a period of time, during the performance period, during which Renton will not be able spend against the grant, effectively shortening the performance period; and 1 RESOLUTION NO. 4259 WHEREAS, as the State has not yet prepared the grant agreement contract, Renton must accept the grant by resolution in order to utilize the grant funds as soon as they are received from the State; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The findings noted above are true and correct in all respects. SECTION II. The City Council accepts the Federal Fiscal Year 2015 EMPG in the amount of $72,093, and authorizes the Mayor and City Clerk to execute the grant agreement contract at a later date. PASSED BY THE CITY COUNCIL this 14th day of September 2015. � Jason .Seth, ity Clerk APPROVED BY THE MAYOR this 14th day of September , 2015. /.� Denis Law, M�or Approved as to form: yqipnWuul�,�� pF Nj' ��ii, �.�l� 'j'�'� ��G'''"�'`- �v � Lawrence J. Warren, City Attorney AL * �� RES.1678:8/17/15:j1c �k,�, ��'� �1ED �� '�'i��rn n n n n��n a��r 2 . . . ��STA7Y � -¢ Exhibit A � t• Resolution 4259 '�;N,� STATE OE WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS: TA-20 Building 20 • Camp Munay, Washington 98430-5000 Phone:(253)512-70U0 • Fax�(253)512-7207 August 12,2015 Deborah Needham City of Renton O�ce of Emergency Management 1055 S Grady Way Renton,WA 98057-3232 Dear Ms. Needham: This letter serves as official notification that the City of Renton Office of Emergency Management wili receive a Federal Fiscal Year 2015 Emergency Management Performance Grant(EMPG)award in the amount of$72,093 from the Washington State Military Department. Once we receive the FFY 2015 EMPG award,a grant agreement contract will be initiated and forwarded to your grant contact. Thank you for your patience. If you have any questions, please contact:Gary Stumph,253-512-7483, Rarv.stum�hC�mil.wa.aov.or Sierra Wardell,253-512-7121,sierra.wardell@mil.wa.�ov. Sincerely, s r�.�e�..�-� � Charma Anderson Preparedness Grants Section Supervisor Exhibit A—RES. 1678:8/17/15:j1c , CITY OF RENTON, WASHINGTON RESOLUTION NO. 4260 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND SNOHOMISH COUNTY, AND THE CITIES OF BELLEVUE, BOTHELL, CLYDE HILL, EDMONDS, ISSAQUAH, KENMORE, KENT, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, MILL CREEK, MOUNTLAKE TERRACE, MUKILTEO, NEWCASTLE, REDMOND, SAMMAMISH, SEATTLE, SHORELINE AND WOODINVILLE; AND THE TOWNS OF BEAUX ARTS VILLAGE, HUNTS POINT, WOODWAY AND YARROW POINT, REGARDING THE WATERSHED BASINS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY 8. WHEREAS, Renton, as well as King County, Snohomish County, and the cities of Bellevue, Bothell, Clyde Hill, Edmonds, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Sammamish, Seattle, Shoreline and Woodinville; and the towns of Beaux Arts Village, Hunts Point, Woodway and Yarrow Point (collectively referred to as the "Parties"), are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Parties entering into this agreement are all located in King County or Snohomish County, lying wholly or partially within the management area of Watershed Resource Inventory Area 8, which includes all or portions of the Lake Washington, Cedar River, and Sammamish River basins ("WRIA 8"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon 1 . RESOLUTION NO. 4260 - Conservation Plan and improving watershed health for the watershed basins in WRIA 8, and wish to provide for funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in several interlocal agreements and contributed to the Puget Sound Salmon Recovery Plan; and WHEREAS, the Parties have an interest in achieving multiple benefits by continuing integrating salmon recovery planning and actions with floodplain management, water quality and agriculture; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Parties regarding the watershed basins within the geographical planning area of in WRIA 8. PASSED BY THE CITY COUNCIL this 14th day of September , 2015. c lason . Seth, Ci�i Clerk 2 . ' RESOLUTION N0. 4260 APPROVED BY THE MAYOR this 14th day of September , 2015. � Denis Law, Mayor w ,��p��UiiU Approved as to form: 0� �� '� 'U ��` $� _ ,� v � _ </�� m s Lawrence J. Warren, City Attorney ��E .� �� `�\\`\\\�� RES.1677:7/28/15:scr �/�� i�� 3 + � . CITY OF RENTON, WASHINGTON RESOLUTION NO. 4261 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND THE CITIES OF ALGONA, AUBURN, BLACK DIAMOND, BURIEN, COVINGTON, DES MOINES, ENUMCLAW, FEDERAL WAY, KENT, MAPLE VALLEY, NORMANDY PARK, SEATAC, SEATTLE, TACOMA AND TUKWILA, REGARDING THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL PUGET SOUND WATERSHEDS WITHIN THE GEOGRAPHICAL PLANNING AREA OF WATER RESOURCE INVENTORY 9. WHEREAS, Renton, as well as King County and the cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Seatac, Seattle, Tacoma and Tukwila (collectively referred to as the "Parties"), are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act,to enter into an interlocal government cooperative agreement; and WHEREAS, the Parties entering into this agreement are all located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9"); and WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning,funding and implementation of various activities and projects therein; and 1 RESOLUTION N0. 4261 y WHEREAS, the Parties have participated in several interlocal agreements, implemented the Salmon Habitat Plan and contributed to the Puget Sound Salmon Recovery Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by continuing working together integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, RESOLVES AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Parties regarding the Green River, Duwamish River and Central Puget Sound Watersheds within the geographical planning area of WRIA 9. PASSED BY THE CITY COUNCIL this 14th day of September , 2015. c lason . Seth, City Clerk APPROVED BY THE MAYOR this 14th day of September , 2015. Denis Law, Mayor v 2 ,' � ' RESOLUTION NO. 4261 ' Approved as to form: , � O��wuEu�OHii��iii�,�� Y �/?��_ �.� � Lawrence J. Warren, City Attorney ��j � �� _ � — = G� 8 = RE5.1676:7/28/15:scr �� `' � �-� . . � � ��\� �i/�� n�m►fn�umn�°��\\\\� ��H! • 3 � --- � --- - ------- ------- ''�(�v��,��- � ��{ � � : Yx' ,� ., NEW TEXT OOCUMENT Recovery and 7HE Rt3ADT0 RfCt�VERY LEADSTQ Recovery Resiliency pISCt?VERY As f find myself in recovery's path 2015 PC)ETRY Whenever you feel there is no use having dealt with aii af WINNERS One often turns to substance abuse addiciians wrathdesire to use And if the gaad reasaning has departed deaiing with my these are some things t've That is how the game got started found to be true Now,You feel the back is against the wall Seems the only way out is to turn to addition is just a sickness of alcahol mind � The road ta recovery leads to discovery nat a character flaw or sin af same kind When that old illness gets the best of you it doesn't make me an evil or �Cing CourrtY Can't find no comfart or know what to do terrible man With no one to turn to or even make a call �t just rnakes me a human dealt To relieve yourself from this down faii a bad hand The salution is simpie and comes fram {t�s not the end of a11 it's not al� w�tn,n Department of Yaur soui search is eminent and tirne to ��b� b��n cause althaugh 1'm an addict i Community and The road ta recovery leads to discovery can sfiii be free free from the substance to Human 5ervices which I lost controM Ghemical gy pu��ing oneself up from the depths of free from the behaviors of an Mentat Health, despair addicted fooi To find intuition that's aiready there Abuse and Depen ency What a chance ta rise to theersuasian and it makes me stronger to Setvices Ihvision With just a hint of friendly p confrant this fae Then to switch facus and let it funnel for i've experienced things To see the light at the end of the tunnei many people don't know �0(-263-9000 The raad to recovery leads to discovery I've traveled through heii and returned a good man After putting it away on the back shelf doing the best that i possibly 2¢Hour Crisis Line It makes one feel better with no guiVt left can 2o6-46i-3222 Having to oveo��u t rrto blo'ssam like a our �urney is far 1-866-4-e�SIS A galden opp Y And granted my j flower from dane Looking back on it al1 in retrospeet but for right now,for today,�'v� surly won cause today 1'm sober �t's now in the past and being heid in �oing the best{can do check! and those are things i find to be true ,,�: .n ' �;�E.NTION--H � �ENTtON--Eu"' :: �%� -¢ ":>; ;.� ry ��°;: _ � ........ :�r� � _. . � . `� ., ��::. . ,..�.. � BAIANCE � MY FACE BAIANCE,comma,is where it is, apQ��p(d BUT RECOVERY addiction i loaked in the m�rror and saw� a routine into my In mY strange face,��ooked aii around me �ta�r�ng�ng t was addided to feeding�t p �ace,!bent to one 50►say ect of work, and saw a strang P head,�heard a iife whether it surraunds asp Needing�t �a familY or friends Keeding�t knee and bawed mY volunteering,p y= Yielding to it voice from the end of the oGd�i�be, Afiowing it ta predict tance that treatment is fact in the mirror is how y So�SaY q is Accep To direct only You can change the reflection Redirect pu o,the benefic+ai and necessary Even prolQ�t you see,the direction Y � to sort how i want to Faise images path that you choose,wil�make you So�San L is Learning ��age of recovery win or may Y ou�Qse,this maze YQu keep my p�rsona�jo�rney private or "Illusion" the route you will take,which are in, pubiic Hurting relationships way you wiiV go,Y�ur life it will make. lies i totd me and athers So i say A is Ailawing myself the freed�m mY Sisters bro#hers mother I raised up mY head,with a tear in mY e to p father and mY who! and courag ursue a passian or twa Even mY not knowinB which Way, Hiding the fact ��t� eye, that t can connect with or wouid like a That my�ife belong am,or why,I asked for wisdorr►,so i an�foflow but the voice pick up pddiction might know the waY� to saY��°t seif the But was silent,it had nothing N is Never deny��g mY �n mY recovery ed the tear from my So� say for mental iNness er feeding►t to my feet,wip Qppartunity to speak up i am no�°ng own image,l saw a new eye,I saw mY if a need arises where 1 feel comfortab e N�Qd�ng�t �uy,t thought of the voice fram the Heeding�t to it end of the bed,i stoad up re�� 15�om�Q�t in the fact that i'm No longer yie[ding m head,i took So i say Ailowing�t tp Pred�ct oin through straight and raised up Y nat alone in what I'm g g To Oirect my first steps and waiked out of that Redirect erate the impartance of Nor even prfll��t doar,i didn't►ook back,and i don't So�Say E is Exagg Faise�mages want no ma��OW hav��1eah�ad,1 one eise overy thoughts that run through mY humor,a smile aeda i�°��ketanyd han Of my rec knowing how sp "Reality" ��emember remember the voice, {1rn making amends what it said,i remember�i lacegnow i For the lies t taid me and athers �oar,walking out of that p BALANCE is where it is,period. MY S�sterf�b�e�nd rnY n'►other look in the mirror,all l see is� ace. Even mY the fact Revealing �r belongs to 7hat mY�►fe no long ADDICTION but RECOVERY �� ` �,pC� Ahmad QI.ACE —Mike�"'�;ti, g . w .,�,, - CE— Char{and ;.a i: :.S;-/ �`i .q. ��v��.k �(,!� G� U `� � � PRINCIPLES OF BEHAVIORAL ��' HEALTH RECOVERY a � � � � Recovery emerges from hope � _,�,.� � King County Recovery is person-driven � � Recovery occurs via many pathways Recovery is holistic ,� Department of Recovery is supported by peers and � — Community allies � �� _ F — ' .��<�c=;t:»- �-,,� �' 1,�" » '� I _�_� , �� .�;:�i �+'�'^. _ . � � V r�+v,w�z-p, a • ^�+"'r"--.�- F�� i o��n c� ,�y�in �� , `�.. ° ��,a�� -� :,�.4.�%�-�,�- . ` ;� . , r � . a' A"�+ ^fy�1 p{ja�(. ��y� \�t{,� �;p�" , } � � wb.r�.�.�� `'�� ( f.,. b it" 1�47 '. �� \/� . ��''_.,�;—_11 RI bl'��... �y . ��a ��,, � l� L1 :" � . .. :Y .� �/ . � . . T T�Y' ` � ,� +A�4 A A WM iA�'i i�•+��=� n-' t � � ��.��.\�� -�,F.�a•��.,, ; ~ ; � �� , � 1 ,�* .:i� - _ i:i�,�«:�»,��` 1', I � � ' � .� ,°` ,oa. � O 2 � �-�` - � � I��EDS �. . , � � ` > � .� �a ;., �� `, ; � ' /. � �--� , , �� y . :► �. � :, - �C,� �z S � ��, .C� ,� ��F d � , ,��?r� �_ �II I , 4y �, � ,�' �� . � ��' Tp�.'�T� � ,0 2. e /, r' � � +� �, , 4 3 C`/ 1 �r ri'.� � „� � � `� �a , � �= �� , � �� ,�� CC�JNSEI,II`�� : �.'� , '�; a ,8 µ� ,. . - � . , j r ;_ � �� ' s � Y��--�, � .,. , _ i�� f� �� I��h �-��nr� ;y ��: � o� � . >�� r � � l,<' �✓` 1�Aln ', • �� , ' �I \ �. r1 1��.�..� , i( � / � ` , �� - : \/ �� ,4�i yl �f �i.. .' - 1 /,�:��'ti ^I� 't f�ii�f:... i ��y� ��.. +• ■�e9��M��J1 i � ` ��I! i" � M)D .,� � � , aoa..� �� ! � �\ f' `, � � �� ' ��, � �� _ � .�� () R � �� p, �-�` rti4� � �i'�.i ♦ � LOu�` p � � . Y' . y v � t { J ..�I.. �� f r T � F 1\ �7� �y �7�4..t . .. .. �� ... �� . ..� � �� r r � �� _ � � � '�� 'C..� l ;� . � `.{. �r T� � :� "� � � .�,%�, r � � '�II�� ' � ��',1 � f ��,�� _ ,� . �� ; , +�� ?) � �� , ,,. � �., � �,�,t ��. �� +.,' s � � ;� ,:� ,�q�' �� ts i �� ,�'�;� ��.,-� , _ �� I��' �- I } ? �� ' — � _ h, , S S � a� �!�, �"�` � 'li '.� �.��1i�s�; � � , � y;,�.. � � � ��'r�� .�: FYivnlNcx . -f��` , . �.� _. , SECOND PLACE THIRD PLACE HONORABLE MENTION LinDe Dugger Charland Shavers � Daniel De La Cruz