HomeMy WebLinkAboutCouncil 04/04/2011AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
April 4, 2011
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. Arbor Day/Earth Day ‐ April 30, 2011
4.PUBLIC MEETING
a. Fairlane Woods Annexation ‐ 10% Notice of Intent to annex petition for 37.4 acres located in
the vicinity of 129th Pl. SE and SE 160th St.
5.ADMINISTRATIVE REPORT
6.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
comment period will be limited to one‐half hour. The second audience comment period later on in
the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please
walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST
NAME.
7.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 3/28/2011. Council concur.
b. Community and Economic Development Department recommends approval of an interagency
agreement with King County as the lead for the Renton Ave. Business District Improvements
Project, sidewalks and streetscapes between 75th Ave. S. and 76th Ave. S. in the West
Hill/Skyway area, funded by $426,245 in state and federal grants. Council concur.
c. Community Services Department recommends approval of a Purchase and Sale Agreement with
R&J Properties in the amount of $1,125,000 for the acquisition of property located at 1100
Bronson Way N. (United Rentals Shops site), for continued use as a parks maintenance shop.
Refer to Finance Committee.
d. Utility Systems Division recommends approval to purchase a vehicle in the amount of $29,000
to be funded by 2011 Municipal Stormwater Capacity Grant funds for use with the
NPDES program; and requests authorization to transfer funds from the Surface Water Utility
Fund to the Equipment Repair and Replacement Fund. Council concur.
Page 1 of 44
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. Committee of the Whole: Shoreline Master Program
b. Finance Committee: Vouchers, Carco Theater Fee Waiver Request
c. Public Safety Committee: Panhandling, Noise Ordinance
9.RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
a. Code amendment requiring written protest regarding claims of unlawful or excessive
taxes (1st reading 3/21/2011)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
April 4, 2011
Monday, 5:00 p.m.
Emerging Issues in Community Services; Interim Potential Annexation Area Boundary/Gaile Annexation;
Library Architect Selection; Shoreline Master Program Draft Letter Reivew
• 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 ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 44
3a. ‐ Arbor Day/Earth Day ‐ April 30, 2011
Page 3 of 44
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4a. ‐ Fairlane Woods Annexation ‐ 10% Notice of Intent to annex petition
for 37.4 acres located in the vicinity of 129th Pl. SE and SE 160th St.Page 4 of 44
4a. ‐ Fairlane Woods Annexation ‐ 10% Notice of Intent to annex petition
for 37.4 acres located in the vicinity of 129th Pl. SE and SE 160th St.Page 5 of 44
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Interagency Agreement with King County
regarding Renton Avenue Business District
Improvements Project in West Hill/Skyway
Meeting:
Regular Council - 04 Apr 2011
Exhibits:
Interagency Agreement
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Suzanne Dale Estey, Economic Development Director
x6591
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $243,750.00 Transfer Amendment: $$243,750.00
Amount Budgeted: $ $0 Revenue Generated: $$243,750.00
Total Project Budget: $ $426,250.00 City Share Total Project: $ $0
SUMMARY OF ACTION:
The West Hill/Skyway area is part of Renton's potential annexation area, and is currently scheduled for an annexation vote
in February 2012. The area has areas of severely neglected infrastructure, significant housing and human services needs,
serious crime, and social and public health challenges that require many resources to address – more than any single
organization has been able to provide. Per Council direction, Renton is exploring extensive intergovernmental and
private/non-profit financial partnerships to help transform this area, including this project to help revitalize the Renton
Avenue South corridor and address severely deficient storm water and drainage systems in the area.
As part of its pursuit of funding for the West Hill, in 2010 the City requested $2 million and the Washington State
Legislature appropriated $250,000 for the West Hill/Skyway Business District Improvements Project. This funding is being
coupled with an additional $182,500 in federal Community Development Block Grant funding obtained by the King County
Department of Transportation to complete design and construct 1,200 feet of sidewalk and related streetscape
improvements along this corridor. This Interagency Agreement allows for the transfer of state funding to King County, yet it
requires collaborative design and community engagement work between the City and the County. The community design
workshops will be jointly conducted by King County and the City, and all public communications about the project will be
coordinated. King County will be the lead agency on the project and will have final design and construction, as well as
maintenance, responsibility.
The Renton Avenue Business District Improvements Project will help provide for streetscape and drainage improvements,
bicycle lanes and pedestrian enhancements to help create a more attractive, walkable business district along Renton
Avenue between 75th Ave S and 76th Ave S. These funds, coupled with the CDBG funds from the County, and others the city
and County continue to pursue, will help create a streetscape that should stimulate development, and ultimately create an
area that is alive with activity and vibrant with a mix of commercial uses including healthy small, neighborhood
businesses.
STAFF RECOMMENDATION:
Approve an Interagency Agreement with King County for sidewalks for the Renton Avenue Business District Approve an Interagency Agreement with King County for sidewalks for the Renton Avenue Business District Approve an Interagency Agreement with King County for sidewalks for the Renton Avenue Business District Approve an Interagency Agreement with King County for sidewalks for the Renton Avenue Business District
Improvements Project and authorize the Mayor and City Clerk to signImprovements Project and authorize the Mayor and City Clerk to signImprovements Project and authorize the Mayor and City Clerk to signImprovements Project and authorize the Mayor and City Clerk to sign
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 6 of 44
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INTERAGENCY AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
REGARDING IMPROVEMENTS TO
RENTON AVENUE SOUTH BETWEEN 75TH AVENUE SOUTH AND 76TH AVENUE
SOUTH
THIS AGREEMENT is made and entered into by and between King County, a political
subdivision of the State of Washington (“the County"), and the City of Renton (“the City"), a
non-charter code city under RCW 35A.03, and a municipal corporation in the State of
Washington, regarding improvements to Renton Avenue South in unincorporated King County.
The County and the City are collectively referred to as “the Parties.”
RECITALS
A.The County has a capital improvement project (CIP #M56321) to design and construct
pedestrian improvements (“the Project”), in unincorporated King County.
B.The Project is located on the east side of Renton Avenue South between 75th Avenue South
and 76th Avenue South in the City’s West Hill Potential Annexation Area (the “PAA”) as
shown in Exhibit A, attached.
C.The County completed a study of the Renton Avenue South Corridor in the West Hill PAA in
2002, the West Hill Study. The study identified a corridor design concept for Renton Avenue
South, including improvements to automobile and pedestrian circulation in the southern
business area between 75th and 76th Avenues South.
D.The Project is within an area that meets Community Development Block Grant ("CDBG")
requirements. The area surrounding the Project is primarily residential and predominantly low
and moderate income. A variety of non-profit, public and community service centers are
within two blocks of the Project area.
E.The King County Department of Housing and Community Development awarded the King
County Road Services a $182,495 Community Development Block Grant for design and
partial funding of the improvements as described in the West Hill Study, and further described
in Section 2, Scope of Work, in this Agreement.
F.The Project will support economic development strategies and infrastructure investment to
stimulate additional mixed-use development, including housing, in the PAA. Further, the
investment will bring additional users to existing businesses. It will create new opportunities
for employment, services and housing for the community, with the potential of significantly
enhancing the employment base in the West Hill business district and stimulating the creation
of several hundred high-wage jobs. The addition of bicycle lanes will help facilitate
recreational opportunities and foster improved health and wellness for the community.
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 7 of 44
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G.The City has obtained a grant for $243,750 from the Washington State Department of
Commerce (WSDOC) to construct the Project.
H.It is in the best interest of the County and the City to establish a lead agency to coordinate the
Project and to provide for the design, construction and contract administration for the Project.
NOW, THEREFORE, in consideration of the terms and provisions, the Parties agree as follows:
AGREEMENT
1.PURPOSE
The purpose of this Agreement is to set forth the Parties' respective rights, roles and
responsibilities relating to the Project.
2.SCOPE OF WORK
The scope of work for the Project includes design, public involvement, environmental
review and permitting, and construction of pedestrian improvements on the eastern
portion of Renton Avenue South between 75th and 76th Avenues South. Project elements
may include re-channelization, gateway treatments, improvements to automobile and
pedestrian circulation, connection and completion of sidewalks, and bicycle lanes.
3 GENERAL RESPONSIBILITIES
3.1 The Parties shall jointly consider design alternatives for the Project. The County
shall develop and implement a joint public information and involvement process that
shall include at least two community meetings. The County shall coordinate with the City
in all communications with the community, including the preparation and presentation of
the community meetings. Subsequent to these community meetings, the Parties shall
jointly select the preferred alternative for the Project. All improvements related to the
Project shall be consistent with the King County Road Standards and all applicable
requirements including but not limited to King County Code Titles 14 and 21A.
3.2 The County shall be the lead agency for the Project with regard to plans,
specifications, estimates (PS&E), environmental review and permitting and construction.
3.2.1 The County shall submit a Project schedule to the City after the preferred
alternative has been selected. This schedule will identify major milestones and timelines,
including but not limited to the following: 30%, 60%, 90% and 100% design documents,
environmental review, project permitting, advertisement for bid and award of bid,
construction duration, and final acceptance of the Project. The County and the City's tasks
shall be identified in the Project schedule. The City shall review this schedule, and the
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 8 of 44
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schedule may be periodically amended with the approval of the Parties.
3.2.1.1 After the County produces the 30 percent design documents, the
City shall notify the County of any variances it may request from the 2007 King County
Road Design and Construction Standards for the design of the Project.
3.2.1.2 Any variance from King County Road Standards shall be reviewed
by the County Road Engineer in accordance with the variance requirements of Section
1.12 of the King County Road Standards.
3.2.1.3 The City shall be responsible for all additional costs related to
City-requested variances that exceed the Project budget, as shown in Exhibit B.
3.2.1.4 The County will process design variances during the 30 to 70
percent design phases. Approval of such variances shall remain the sole discretion of the
County Road Engineer. The County shall provide the City with a written explanation for
any variance decision.
3.3 The County shall update the City on its progress in designing and constructing the
Project at a joint meeting that shall occur no less frequently than every 30 days.
3.4 The County hereby grants the City right of entry into the jurisdiction of the County
for the purpose of performing any and all tasks necessary to implement this Agreement.
3.5 The County Road Services Division Director or designee and the City Public
Works Administrator or designee shall serve as liaison for the purpose of this Agreement.
The designated contact persons shall meet on an “as needed” basis to provide guidance
for the Project and serve as a coordination body between the Parties.
4.CONSTRUCTION CONTRACT BIDDING
4.1 The County shall provide the City a minimum of one copy of the plans and
specifications advertised for bid, and an electronic file of the contract documents.
4.2 The County shall advertise the contract in the official legal publication for the
County and if necessary other publications to provide the widest possible coverage
commensurate with the size of the Project.
4.3 The County shall open the bids and shall notify the City of the time and date of
the bid opening, which is typically two to three weeks after the Project is advertised. The
City may attend the opening of the bids.
4.4 The County shall award the contract to the lowest responsible bidder for the total
Project subject to applicable laws and regulations.
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 9 of 44
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4.5 The County shall require that the City is included as an additional insured on the
contractor(s) insurance policy(s), and that the City is included in the contract(s)
indemnification provisions and receives the same protection as received by the County.
4.6 The County shall be responsible for following all applicable Federal, State and
local laws, rules and regulations in the expenditure of the funds to be paid by the City to
the County in connection with the Project. The County assures the City that its
procedures are consistent with applicable laws relating to public contract bidding
procedures, and the City neither incurs nor assumes any responsibility for the County’s
bid, award or contracting process.
4.7 In connection with this Agreement, neither the County nor any Party contracting
or subcontracting in connection with the Project shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age or the
presence of any sensory, mental or physical handicap in employment or application for
employment or in the administration of the delivery of services or any other benefits
under this Agreement. The County shall comply fully with all applicable Federal, State,
and local laws, ordinances, executive orders and regulations that prohibit such
discrimination.
5.CONTRACT ADMINISTRATION
5.1 The County shall provide the necessary engineering, administrative, inspection,
clerical and other services necessary for the completion of the Project.
5.2 The City may furnish an inspector (at the City’s expense) to monitor compliance
with requirements during the construction of the Project. The City’s inspector shall advise
the County of any deficiencies noted. The County shall take any necessary action to
resolve the deficiencies noted by the City’s inspector. The City’s inspector shall not
communicate directly with or instruct the Project contractor directly on any matters.
5.3 Prior to the Project completion, the Parties shall perform a mutual final inspection
of the Project. The City may provide a written deficiency list to the County within ten
working days after the final inspection. The list shall contain only construction
deficiencies that are out of compliance with the contract specifications and shall cite the
specification that it considers to be at issue in the deficiency. Final acceptance of the
Project shall be by the County Road Engineer or designee.
5.4 The County represents to the City that it has or will have adequate supervision for
those participating in the Project and that all applicable rules, regulations, statutes and
ordinances will be complied with in their entirety.
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 10 of 44
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6.PAYMENT
6.1 The City’s total financial contribution to the County to fund the Project shall not
exceed the amount of the City’s WSDOC grant of $243,750, with the exception of
additional costs the City agrees to contribute in accordance with Section 3.2.
6.2 The County shall bill the City on no more than a monthly basis. All costs shall be
due within 30 days of the billing date.
6.3 Billings shall be based on the County’s progress payment request to the
contractor. The County shall include a copy of this progress payment request with their
billing.
6.4 The County shall include in the billing any additional costs to the City associated
with the provisions of Section 3.2.
6.5 The County shall expend the City’s contribution in accordance with the funding
requirements of the City’s WSDOC grant.
6.6 The County shall provide the City with all necessary documentation that the City
requires to meet its grant obligation to WSDOC.
6.7 The City shall provide the County with funding requirements as described in the
City’s WSDOC grant.
7.DURATION/TERMINATION
7.1 This Agreement shall remain in effect until final acceptance of the Project and
payment by the City of all monies due from the City to the County.
7.2 If the grant awarded to the City is withdrawn, reduced or limited in any way, or if
Federal funding requirements affect the Project, prior to the completion of the Project,
either Party may, with thirty (30) days written notice to the other Party, terminate this
Agreement.
7.3 In the event of termination prior to completion of the Project, the Party requesting
termination shall pay its proportional share of any outstanding contractual obligations at
the time of termination. Payable termination costs shall not exceed the actual costs
incurred as a result of termination of this Agreement.
7.4 Either Party may terminate this Agreement for default in the event the other Party
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 11 of 44
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materially breaches this Agreement. Termination shall be effected by serving a Notice of
Termination by certified mail, return receipt requested, on the other Party setting forth the
manner in which said Party is in default and the effective date of termination, which shall
not be less than fourteen (14) calendar days after the date of the notice; provided,
however, such termination shall not take effect if the default has been cured within seven
(7) calendar days after the date of the notice of termination. Neither Party may serve a
Notice of Termination until they have exhausted the dispute resolution provisions set
forth in Section 9.1.
8.LIABILITY
Each Party shall protect, defend, indemnify and save harmless the other Party, its officers,
officials, employees and agents while acting within the scope of their employment as
such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or
awards of damages, of whatsoever kind arising out of, or in connection with, or incident
to the services associated with this Contract caused by or resulting from each Party's own
negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and
omissions of its own subcontractors, their employees and agents, acting within the scope
of their employment as such, as it is for the acts and omissions of its own employees and
agents. Each Party agrees that its obligations under this provision extend to any claim,
demand, and/or cause of action brought by or on behalf of any of its employees, or
agents. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title
51, as respects the other Party only, and only to the extent necessary to provide the
indemnified Party with a full and complete indemnity of claims made by the indemnitor’s
employees. The parties acknowledge that these provisions were specifically negotiated
and agreed upon by them.
9.DISPUTE RESOLUTION
9.1 In the event of a contractual dispute between the Parties regarding this
Agreement, the Parties shall attempt to resolve the matter informally. If the Parties are
unable to resolve the matter informally, the matter shall be forwarded for discussions to
the General Manager of the Utility, the Director of King County’s Road Services
Division, and the City Manager, or their respective designee(s). If this process fails to
resolve the dispute within thirty (30) days after such referral, a Party may pursue any
legal remedy available or the Parties may agree to submit the matter to mediation or other
alternate dispute resolution.
9.2 If the Parties submit the matter to alternate dispute resolution and the matter is not
resolved, a Party shall be entitled to pursue any legal remedy available in a court of law.
In the event that any of the parties deem it necessary to institute legal actions or
proceedings to enforce any right or obligation under this Agreement, the Parties hereto
agree that any such action shall be initiated in King County Superior Court of the State of
Washington. This Agreement shall be interpreted and construed in accordance with the
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 12 of 44
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laws of the State of Washington. The City hereby consents to the personal jurisdiction of
the King County Superior Court of the State of Washington.
9.3 Unless otherwise expressly agreed to by the Parties in writing, both the City and
the County shall continue to perform all their respective obligations under this Agreement
during the resolution of the dispute.
10.AUDITS AND INSPECTIONS
10.1 The records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review or audit by the County or the City during the term
of this Agreement and three years after termination.
10.2 Audits and inspections shall be the responsibility of the County. The City shall
support the County in meeting audit and inspection requirements.
11.OTHER PROVISIONS
11.1 Severability. A determination by a court of competent jurisdiction that any
provision of this Agreement or any part thereof is illegal or unenforceable shall not
cancel or invalidate the remainder of such provision of this Agreement, which shall
remain in full force and effect.
11.2 Interpretation. The captions of the Sections or Paragraphs of this Agreement are
not a part of the terms or provisions of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the plural shall
include the singular. The masculine, feminine and neuter genders shall each include the
other.
11.3 Waivers. All waivers shall be in writing and signed by the waiving Party. Either
Party’s failure to enforce any provision of this Agreement shall not be a waiver and shall
not prevent either Party from enforcing that provision or any other provision of this
Agreement in the future.
11.4 Waiver of breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement.
11.5 Force Majeure. If either Party cannot perform any of its obligations due to events
beyond its reasonable control (other than the payment of money), the time provided for
performing such obligations shall be extended by a period of time equal to the duration of
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 13 of 44
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such events. Events beyond a Party’s reasonable control include, but are not limited to,
acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and weather
conditions.
11.6.Joint Drafting Effort. This Contract shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one Party or
the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution hereof.
11.7 Third Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the City
and the County, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the City and the County and not for the
benefit of any other Party
11.8 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated herein are
excluded.
11.9 This Agreement may be amended only by an instrument in writing, duly executed
by both Parties.
12.INSURANCE
12.1 Each Party shall procure and maintain for the duration of the Agreement, insurance
or self-insurance against claims for injuries to persons or damage to property which
may arise from or in connection with performance of the work hereunder by each
Party, their agents, representatives, employees or subcontractors.
12.2 No Limitation. Neither Party’s maintenance of insurance as required by the
Agreement shall not be construed to limit that Party’s liability to the amount of
coverage required by this Agreement.
12.3 Minimum Scope and limit of Insurance. Each Party shall obtain insurance of the
types and at the limits described below:
12.3.1 Automobile Liability insurance at $1,000,000 Combined Single Limit per
occurrence.
12.3.2 Commercial General Liability insurance at $1,000,000 per occurrence and
$2,000,000 aggregate, including Employers Liability at $1,000,000 per
occurrence.
12.3.3 Workers’ Compensation coverage at statutory limits.
12.4 Verification of Coverage
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 14 of 44
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12.4.1 Each Party shall furnish the other with certificates and a copy of the
amendatory endorsements if any.
12.4.2 King County, a charter county government under the constitution of the
State of Washington, hereinafter referred to as the “County,” maintains a
fully funded Self-Insurance program as defined in King County Code
4.12 for the protection and handling of the County’s liabilities including
injuries to persons and damage to property.
The City acknowledges, agrees and understands that the County is
self-funded for all of its liability exposures. The County agrees, at its own
expense, to maintain, through its self-funded program, coverage for all of
its liability exposures for this Agreement. The County agrees to provide
the City with at least 30 days prior written notice of any material change in
the County’s self-funded program and will provide the City with a
certificate of self-insurance as adequate proof of coverage. The City
further acknowledges, agrees and understands that the County does not
purchase Commercial General Liability insurance and is a self-insured
governmental entity; therefore the County does not have the ability to add
the City as an additional insured.
Should the County elect cease self-insuring its liability exposures and
purchase Commercial General Liability insurance, County agrees to add
the City as an additional insured.
12.4.3 It is agreed that the City of Renton’s participation in a governmental
self-insured risk pool, with Washington Cities Insurance Authority will
meet the requirements of Section 12.
The County acknowledges, agrees and understands that the City of Renton
is self-funded for all of its liability exposures. The City of Renton agrees, at
its own expense, to maintain, through its self-funded program, coverage for
all of its liability exposures for this Agreement. The City of Renton agrees
to provide the County with at least 30 days prior written notice of any
material change in the City’s self-funded program and will provide the
County with an evidence of coverage letter as adequate proof of coverage.
The County further acknowledges, agrees and understands that the City of
Renton does not purchase Commercial General Liability insurance and is
with a self-insured pool; therefore the City of Renton does not have the
ability to add the County as an additional insured. The City of Renton is
Self Insured for worker compensation
Should the City of Renton elect cease self-insuring its liability exposures
and purchase Commercial General Liability insurance, the City agrees to
add the County as an additional insured.
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 15 of 44
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IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date
last written below.
KING COUNTY
CITY OF RENTON
Paulette Norman
Interim King County Road Services
Division Director
Insert signatory’s name and title
Date Date
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Deputy Prosecuting Attorney City Attorney
Date Date
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 16 of 44
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EXHIBIT A
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 17 of 44
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EXHIBIT B
Project Budget – Capital Improvement Project C11329
Funding Source Purpose Amount
Community Block Development Grant Design and partial construction $182,495
Washington State Department of
Commerce
Construction $243,750
Total $426,245
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 18 of 44
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 19 of 44
7b. ‐ Community and Economic Development Department recommends
approval of an interagency agreement with King County as the lead for Page 20 of 44
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Purchase of Property at 1100 Bronson Way N
Meeting:
Regular Council - 04 Apr 2011
Exhibits:
Issue Paper
Purchase and Sale Agreement
Compatible Properties Listing
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ $1,125,000 Transfer Amendment: $
Amount Budgeted: $ $1,125,000 Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The property has been leased by the City since 2007 for use as a parks maintenance shop. The lease
was originally intended to be temporary but changed-circumstances for the construction of a new
facility elsewhere now make purchase of the property a preferred option to continued leasing.
Funding is available from a carry forward of 2010 Capital Improvement Fund monies.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Purchase and Sale Agreement with R & J Properties
L.L.C. and authorize the expenditure of $1,125,000 for purchase.
7c. ‐ Community Services Department recommends approval of a
Purchase and Sale Agreement with R&J Properties in the amount of Page 21 of 44
h:\facilities\facilities director\peter renner\peter renner 2010\issuepaperRCFLease.doc
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:March 22, 2011
TO:Terry Briere, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605
SUBJECT:Purchase of the United Rentals Shops Site (UR)
Issue:
Should the Council authorize the Mayor and City Clerk to sign the Purchase and Sale
Agreement with R & J Properties and authorize the expenditure of $1.125M to purchase
the United Rentals Shop site at 1100 Bronson Way North?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Purchase and Sale Agreement
with R & J Properties and authorize the expenditure of $1,125M to purchase the UR
property.
Background:
·Because of the widening project on Hwy 169 at the Cedar River Park, a City-owned
parks maintenance shop had to be relocated in 2007.
·Because the City had been setting aside CIP funds for the development of a new
Parks and Facilities Maintenance Facility for a number of years, but had not yet
accrued enough funding to proceed, the best course of action was to lease a
temporary space for the dislocated parks maintenance crew.
·After an extensive search, the City decided to sublease space at 1100 Bronson Way
N, which had previously been leased to United Rentals from R & J Properties Inc.
United Rentals had vacated the space so it was immediately available.
·The length of the sublease, starting March 15, 2007, was three years, with two
additional one-year options. This duration provided sufficient time and flexibility to
design and construct a new maintenance facility.
·However, because of shifting circumstances, the new maintenance facility funds
were repurposed for the purchase of the Landing Garage.
·New revenues flowing to the Capital Improvement Fund have not replaced this
expenditure. The City is not in a financial position to build a new parks and facilities
maintenance facility; nor does that appear to be possible in the near term.
·We are in the final option year of the sublease and we have four obvious courses of
action: we can negotiate a new lease at the current site; find another site to lease;
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Purchase and Sale Agreement with R&J Properties in the amount of Page 22 of 44
Addressee Name
Page 2 of 2
Date of Memo
purchase the property; or find and purchase another suitable property.
·A recent property search for available properties within the City limits (attached)
found none that met the space needs for equipment storage and shop space
(roughly one acre required) or that were available at the same or less price, either
for sale or lease.
·The relatively high parking and yard equipment storage needs, in combination with
the relatively small office/shop space need is an uncommon real estate
configuration. In other words, there are not a lot of extant suitable spaces.
·United Rentals would be willing to negotiate another sublease, but despite the soft
market, has not shown a willingness to significantly reduce lease costs. R & J
Properties is under no pressure to reduce United Rental’s rents, and United Rentals
has indicated the sublease is close to a break-even proposition for them. Our triple
net sublease cost is $108,000 per year.
·We receive no return on investment of this cost, and that is our prime purpose for
requesting a purchase authorization.
·We had the property appraised in September of 2009 when the recession was
already upon us. The value was determined to be $1.1M. R & J Properties paid for
half of the appraisal cost; our opinion was the appraisal seemed a little high, R & J
felt the result was significantly low. They consulted with a commercial broker,
whose Opinion of Property Value was $1.3M. We recognize that an Opinion does
not have the substance of an Appraisal.
·Further discussions were stymied until United Rentals agreed to add $100K as a
lease buyout. Later they increased this to $125K in order to achieve consummation
of a deal.
·Funding is available from the CIP 2010 Carry Forward, a portion of the original park
and facilities maintenance facility funding.
·The UR property is ideally located for its purpose and to minimize crew driving times.
·We invested roughly $80K in 2007 to meet the programming needs of the parks
maintenance crew that occupies the space. Most of this was for restrooms with
showers to meet safety requirements for employees who apply chemicals.
·A maintenance facility is not the highest and best use for the site, but we have
received Temporary Use Permits as needed to continue to operate there. Any
neighbor comments have been positive as the City keeps this facility in good repair
and appearance.
·If we own the property, further improvements in its appearance on the N Bronson
gateway can be justified.
Conclusion:
Purchase of the UR building will meet the needs for park maintenance shop space for
the foreseeable future and may turn out to be a good investment on the other side of
our current commercial property environment.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
7c. ‐ Community Services Department recommends approval of a
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PURCHASE AND SALE AGREEMENT - 1
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is between R & J Properties L.L.C., a Washington limited liability
company, ("Seller") and City of Renton, a Washington municipal corporation, ("Purchaser"), and is
made for the purpose of the purchase and sale of the real property described in Paragraph 1
below.
In consideration of the covenants and agreements hereinafter made, the parties agree as
follows:
1.Description of Property: Purchaser agrees to purchase from Seller, and Seller
agrees to sell unto Purchaser, the following described real properties commonly known as 1100
Bronson Way North, Renton, King County, Washington (King County Parcel Number
722400015508) and as 130 Park Avenue North, Renton, King County Washington (King County
Parcel Number 722400019005) and collectively referred to in this Agreement as the "Property":
Lots 1 – 9, inclusive, Block 3, RENTON FARM PLAT ADDITION according to Plat
recorded in Volume 10 of Plats, Page 97, records of King County, Washington,
EXCEPT portion, if any, appropriated by the City of Renton for alley purposes.
Purchaser hereby authorizes the insertion over its signature of the correct legal description
of the above-designated property if unavailable at time of signing, or to correct the legal
description previously entered if erroneous or incomplete.
2.Purchase Price: The purchase price is One Million One Hundred Twenty Five
Thousand Dollars ($1,125,000) and shall be paid in full, in cash, at time of Closing.
3.Title: Title to the Property shall be conveyed free of encumbrances or defects, at
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PURCHASE AND SALE AGREEMENT - 2
Closing, except for encumbrances, restrictions and reservations of record, rights reserved in
Federal patents or state deeds, building or use restrictions general to the district, existing
easements not inconsistent with the current use of the Property, and building and zoning
regulations or provisions. The title insurance policy to be issued shall contain no exceptions
other than those provided in the standard form plus the encumbrances or defects noted in this
paragraph. If title is not so insurable as above provided and cannot reasonably be made so
insurable by the Termination Date set forth herein, this Agreement shall be terminated. Seller
authorizes Pacific Northwest Title Insurance Company (the "Closing Agent") to apply for a
standard form owner’s policy of title insurance, at Seller’s expense.
4.Conveyance: Transfer of Seller’s interest in the Property shall be by Statutory
Warranty Deed.
5.Prorations: Taxes for the current year, rents, insurance, interest, mortgage
reserves, water and other utilities constituting liens on the Property shall be prorated as of date of
Closing.
6.Closing: This purchase shall be closed (the "Closing") by June 30, 2011 (the
"Termination Date"), or, if earlier, within 30 days after removal of all contingencies set forth in this
Agreement. The parties will deposit in escrow with the Closing Agent all instruments and moneys
necessary to complete this purchase in accordance with this Agreement. The cost of escrow shall
be paid one-half (1/2) each by the parties.
7.Possession: Seller shall deliver possession to Purchaser on the date of Closing.
8. Seller’s Representations and Warranties: Seller represents and warrants to
Purchaser as follows:
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PURCHASE AND SALE AGREEMENT - 3
a.Seller has full power and authority to convey the Property to Purchaser.
b.To the best of Seller’s actual knowledge, the Property is now, or will be as
of the date of Closing, in compliance in all material respects with all applicable zoning, land-use,
building, construction, subdivision and other local, state and federal laws, ordinances and
regulations and with all existing covenants, conditions, restrictions and easements.
c. To the best of Seller’s actual knowledge, the documents listed on Exhibit
A hereto which shall be delivered to Purchaser pursuant hereto are complete and accurate
originals or copies, and Seller shall advise Purchaser in writing of any inaccuracies in the such
documents as Seller becomes aware of them.
d.Seller has not received notice of any special assessment or notice of any
condemnation proceedings affecting the Property.
e.To the best of Seller’s actual knowledge, there is no litigation pending or
threatened against Seller (or any basis for any claim) that arises out of the ownership of the
Property.
f.Seller has received no notice of any failure of Seller to comply with any
applicable governmental requirements in respect of the use, occupation and construction of the
Property, including, but not limited to, environmental, fire, health, safety, zoning, subdivision
and other land use requirements that have not been corrected to the satisfaction of the
appropriate governmental authority, and Seller has received no notice of, and has no
knowledge of, any violations or investigation relating to any such governmental requirement.
g.Seller has received no notice of any default or breach by Seller under any
covenants, conditions, restrictions, rights of way or easements that may affect Seller in respect
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PURCHASE AND SALE AGREEMENT - 4
to the Property or may affect the Property or any portion thereof and, to the best of Seller's
actual knowledge, no such default or breach now exists.
h.To the best of Seller’s actual knowledge, no building or other
improvement encroaches on the Property.
i.There are no leases that will affect any part of the Property as of the
Closing. (See Paragraph 16.)
j.To the best of Seller’s actual knowledge there are no permits, licenses or
consents required by any governmental authority in connection with the use and occupancy of
the Property, as it is currently used by Seller, except those previously obtained by Seller and
delivered to Purchaser, and Seller knows of no local improvement districts proposed which will
affect the Property.
k.All public utilities required for the current operation of the Property
either enter the Property through adjoining public streets or, if they pass through adjoining
private lands, do so in accordance with valid public easements or private easements that will
inure to the benefit of Purchaser as of the Closing.
l.Water and sanitary and storm sewage facilities currently service the
Property and are located on or are immediately abutting the Property.
m.Seller is not a foreign person as defined in Section 1445 of the Internal
Revenue Code.
n.All of the representations, warranties and covenants of Seller contained
in this Agreement are true and correct as of the signature dates hereof (and shall be as of the
date of Closing unless Seller becomes aware of additional information or facts after the
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signature dates hereof and such information or facts (which shall promptly be disclosed to
Purchaser) make it impossible for the applicable representation, warranty or covenant of Seller
to be true and correct as of such date of Closing) and will survive the closing of the transaction
contemplated by this Agreement.
9.Hazardous Material:
a. Definitions:
1.Definition of “Environmental Laws”: The term “Environmental
Laws” means any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health and the environment.
2.Definition of “Hazardous Material”: The term “Hazardous
Material” means any hazardous or toxic substance, material or waste, including, but not limited
to, those substances, materials and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States
Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments
thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the
Model Toxics Control Act (Chs. 70.105D RCW, 82.21 RCW), petroleum products and their
derivatives, and such other substances, materials and wastes as become regulated or subject to
cleanup authority under any Environmental Laws.
b.Compliance with Environmental Laws: Seller represents and warrants
that:
1.Except as may be set forth in Exhibit B hereto, Seller has no actual
knowledge of the release or presence of any Hazardous Material on, in, from or onto the
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Property;
2.Except as may be set forth in Exhibit B hereto, Seller has not
generated, manufactured, refined, transported, stored, handled, disposed of or released any
Hazardous Material on the Property, nor has Seller permitted the foregoing;
3.To the best of Seller’s actual knowledge, Seller has obtained all
approvals and caused all notifications to be made as required by Environmental Laws;
4.To the best of Seller’s actual knowledge, Seller has not received
any notice of any violation of any Environmental Laws;
5.To the best of Seller’s actual knowledge, no action has been
commenced or threatened regarding Seller’s compliance with any Environmental Laws;
6.Except as may be set forth in Exhibit B hereto, to the best of
Seller’s actual knowledge, no tanks used for the storage of any Hazardous Material above or
below ground are present on or about the Property; and
7.To the best of Seller’s actual knowledge, no action has been
commenced or threatened regarding the presence of any Hazardous Material on or about the
Property.
c.No waiver of liability: Except as set forth in the lease termination
agreement with Seller's current tenant, United Rentals Northwest, Inc. ("United") (which
agreement ("Lease Termination Agreement") must be acceptable to Purchaser (as evidenced by
Purchaser's written acceptance thereof as well as its written release of its interest as a
subtenant of the Property as described in Paragraph 16), Seller has not released or waived and
will not release or waive the liability of any previous owner, lessee or operator of the Property
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or any party who may be potentially responsible for the presence or removal of Hazardous
Material on or about the Property; and Seller has made no promises of indemnification
regarding Hazardous Material to any party other than to United under the terms of the Lease
between Seller and United dated March 11, 1999, as amended effective January 1, 2003. A copy
of the signed Lease Termination Agreement has been delivered to Purchaser.
d.Indemnification: Seller agrees to defend (with counsel approved by
Purchaser), fully indemnify and hold Purchaser entirely free and harmless from and against all
claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without
limitation, sums paid in settlement of claims, reasonable attorneys’ fees, consultant fees and
expert fees) that are imposed on, paid by or asserted against Purchaser or its successors or
assigns, by reason or on account of, or in connection with, or arising out of (a) the presence or
suspected presence of Hazardous Material in the soil, groundwater or soil vapor on or about
the Property other than any that were specifically identified in any of the documents listed on
Exhibit B hereto, or (b) the migration of any Hazardous Material from or onto the Property
other than any that were specifically identified in any of the documents listed on Exhibit B
hereto, or (c) the violation of any Environmental Law other than any that were specifically
identified in any of the documents listed on Exhibit B hereto, and, with respect to (a), (b) and
(c), that existed as of or prior to the date of Closing, but only if due to a violation of Seller’s
representations under this Agreement. This indemnification of Purchaser by Seller includes,
without limitation, costs incurred in connection with any of the following:
1.Any reasonable investigative or remedial action involving the
presence of Hazardous Material on or about the Property or releases of Hazardous Material
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PURCHASE AND SALE AGREEMENT - 8
from the Property;
2.Any allegations made by any governmental authority or any
private citizen or entity or group of citizens or entities as to the violation of any Environmental
Laws involving the Property or the operations conducted thereon; and/or
3.Any injury or harm of any type to any person or entity or damage
to any property arising out of, in connection with or in any way relating to (i) the generation,
manufacture, refinement, transportation, treatment, storage, recycling, disposal or release, or
other handling of Hazardous Material on or about the Property or pursuant to the operations
conducted thereon, and/or (ii) the violation of any Environmental Laws, and/or (iii) the
contamination of the Property.
e.Environmental inspection: Until no later than thirty (30) days prior to the
Termination Date while Purchaser is a subtenant of the Property and/or has received written
permission from the current tenant (Purchaser's sublandlord) of the Property to do so,
Purchaser upon reasonable notice to Seller will have the right at its own cost to take soil and
water samples (including groundwater samples) from the Property, and to test and analyze
those samples to determine the extent of any contamination of the soils and water (including
groundwater) on the Property. If, based on the results of those inspections and/or tests,
Purchaser determines that the condition of the Property is unsatisfactory or if Purchaser
believes that its ownership of the Property would expose Purchaser to undue risks of
government intervention or third-party liability, Purchaser may, without liability, cancel the
purchase of the Property and terminate this Agreement.
f.Purchaser responsibility: The parties acknowledge that Purchaser has
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PURCHASE AND SALE AGREEMENT - 9
been subleasing the Property from the current tenant of the Property (United) since March 1, 2007
(effective commencement date). Purchaser hereby warrants that it is not in breach of such
Sublease, including but not limited to all of its obligations regarding Environmental Laws and/or
Hazardous Material; and to the best of Purchaser's actual knowledge knows of no violation by
United or Seller of applicable zoning, land use, building code laws or ordinances, or Environmental
Laws with respect to the Property. Notwithstanding any provision of this Agreement to the
contrary, Seller shall not be liable to Purchaser or any of its successors in interest with respect
to, and Purchaser shall fully indemnify and hold Seller entirely free and harmless from and
against, any claims, judgments, damages, penalties, fines, costs, liabilities or losses (including,
without limitation, sums paid in settlement of claims, reasonable attorneys' fees, consultant
fees and expert fees) whatsoever resulting from Purchaser's use of the Property as such
subtenant and/or during its due diligence review of the Property, including resulting from
Purchaser's violation of Environmental Laws. Purchaser agrees to promptly give to Seller a copy
of all reports resulting from any testing described in Paragraph 9(e). In addition, in the event
the Closing of this purchase and sale transaction does not occur, Purchaser shall repair any
damage to, and shall remove any lien against, the Property caused by its due diligence review,
testing and drilling, as applicable.
10.Continuation and Survival of Representations and Warranties: All
representations and warranties by the respective parties contained in this Agreement or made
in writing pursuant to this Agreement are intended to and will remain true and correct as of the
time of Closing, will be deemed to be material and will survive the execution and delivery of this
Agreement and the delivery of the applicable deed and transfer of title. Such representations
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PURCHASE AND SALE AGREEMENT - 10
and warranties, however, are not assignable and do not run with the land, except as may be
expressly provided herein or contained in a written instrument signed by the party to be
charged.
11.Governing Law: This Agreement will be governed by and construed in
accordance with the laws of the state of Washington.
12.Nonmerger: The terms and provisions of this Agreement, including, without
limitation, all indemnification obligations, will not merge in, but will survive, the closing of the
transaction contemplated under this Agreement.
13.Default: If either party defaults in its contractual performance herein, the
non-defaulting party may seek specific performance pursuant to the terms of this Agreement,
damages, or rescission. The non-defaulting party shall be entitled to recover its costs and
reasonable attorneys’ fees in the event counsel is retained as a result of such default.
14.Miscellaneous: There are no verbal or other agreements which modify or affect
this Agreement. Time is of the essence of this Agreement. Purchaser has not consulted with, nor
discovered the respective parcels through the use of a realtor or other agent and there are no
finder’s fees or commissions due upon this transaction. Facsimile transmission of any signed
original document, and retransmission of any signed facsimile transmission, shall be the same as
transmission of an original. At the request of either party, or the Closing Agent, the parties will
confirm facsimile transmitted signatures by signing an original document. Notices given under this
Agreement shall be in writing and shall be delivered personally with written receipt therefore, or
sent by certified mail, return receipt requested, to the following addresses:
Seller:
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PURCHASE AND SALE AGREEMENT - 11
R & J Properties, L.L.C.
Attn. Ronald M. Forte, Manager
625 Windsor Dr SE
Sammamish, WA 98074
Purchaser:
City of Renton
ATTN: Peter Renner
1055 S Grady Way
Renton, WA 98057
15.Residency of Seller: Seller warrants to the Closing Agent that if Seller is an
individual, Seller is not a non-resident alien for purposes of U.S. income taxation or if Seller is a
corporation, partnership, limited liability company, trust, or estate, Seller is not a foreign
corporation, foreign partnership, foreign limited liability company, foreign trust or foreign estate.
16.Contingencies: The obligations under this Agreement are contingent upon the
occurrence of the following on or before the date of Closing:
16.1. Purchaser:
a.Purchaser's satisfaction with a Level/Phase I Environmental Study and any
other study as contemplated in Paragraph 9e of this Agreement.
b.The concurrent termination of the current Lease between Seller and United,
and termination of the current Sublease between Purchaser and United, both of which
shall be satisfactory in form and content to Purchaser as evidenced by written document
executed on or before the Closing, as well as Purchaser's written acceptance of the terms
of the Lease Termination Agreement, which Lease Termination Agreement shall contain a
waiver by United of any right to purchase the Property.
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PURCHASE AND SALE AGREEMENT - 12
c.Refund of Purchaser's security deposit (as a subtenant) by United, subject
to the terms of the Sublease.
d.Approval of the purchase by the Renton City Council.
e.Insurable title satisfactory to Purchaser.
16.2 Seller:
a.The concurrent termination of the current Lease between Seller and United,
and termination of the current Sublease between Purchaser and United, both of which
shall be satisfactory in form and content to Seller as evidenced by Seller's signature to a
Lease Termination Agreement between Seller and United executed on or before the
Closing, which Lease Termination Agreement shall contain a waiver by United of any right
to purchase the Property.
b.Payment by United to Seller of One Hundred Twenty Five Thousand Dollars
($125,000) as specified in the Lease Termination Agreement.
17.Real Property Transfer Disclosure Statement: The parties hereby waive any
requirement for any statement pursuant to RCW 64.06.
SELLER:
R & J PROPERTIES L.L.C.
By:
Ronald M. Forte, Manger and sole Member
PURCHASER:
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PURCHASE AND SALE AGREEMENT - 13
CITY OF RENTON
By:
Denis Law, Mayor
ATTEST:
By:
Bonnie I. Walton, City Clerk
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PURCHASE AND SALE AGREEMENT - 14
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of , 20____, before me,
the undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally appeared Ronald M. Forte to me known to be the Manager of R & J
Properties L.L.C., the limited liability company that executed the within and foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said limited liability company for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument, and that the seal affixed, if any, is the
corporate seal of said corporation.
WITNESS my hand and official seal the day and year in this certificate first above written.
Signature:
Notary Public in and for the state of Washington.
Notary (print):
Residing in:
My appointment expires:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of , 20____, before me,
the undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally appeared Mayor Denis Law to me known to be the Mayor of the City of
Renton, the municipal corporation that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of
said corporation.
WITNESS my hand and official seal the day and year in this certificate first above written.
Signature:
Notary Public in and for the state of Washington.
Notary (print):
Residing in:
My appointment expires:
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EXHIBIT A
- NONE -
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EXHIBIT B
1. Phase II Subsurface Investigation report per 9/5/06 letter/report from Golder Associates to
United Rentals, Inc. re the Property - Ref # 063-1241-100.00, including all matters included in
the Phase I EA referred to therein.
2. Any other report regarding the Property, a copy of which is or has been in the possession of
Purchaser.
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Vehicle Purchase with DOE FY2011 Municipal
Stormwater Capacity Grant Funds for NPDES
Meeting:
Regular Council - 04 Apr 2011
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ron Straka, x7248
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 29,000 Transfer Amendment: $N/A
Amount Budgeted: $ 29,000 Revenue Generated: $N/A
Total Project Budget: $ 29,000 City Share Total Project: $ 0
SUMMARY OF ACTION:
The Surface Water Utility (SWU) needs a dedicated vehicle for its Private Storm Water Facilities
Maintenance Inspection Program, Illicit Discharge Detection and Elimination Program and other field
work associated with implementing the requirements of Renton’s NPDES Phase II Municipal Stormwater
Permit (Permit). The SWU requests authorization to purchase the vehicle with funds from the
Department of Ecology FY2011 Municipal Stormwater Capacity Grant.
The grant was awarded by the Department of Ecology to assist the City in implementing the
requirements associated with the Permit. The activities eligible for this grant funding include: the Illicit
Discharge Detection and Elimination Program; municipal operations pollution prevention activities;
private stormwater facilities maintenance inspections; public education program; and a monitoring
plan. To be eligible for grant reimbursement the vehicle would be dedicated to field work activities
involved with implementing these Permit requirements.
The SWU requests Council’s approval to purchase a vehicle using $29,000 of funds from the grant.
There are sufficient funds in the grant to cover this purchase. The budget for this vehicle purchase is in
the SWU 407 Fund 2011 adjusted budget. The approval to transfer the 407 Funds to the 501 Fund and
adjust the 501 Fund budget for costs associated with the new vehicle is requested.
STAFF RECOMMENDATION:
Approve purchase of a vehicle for implementing the requirements of the NPDES Municipal Stormwater
Permit, to be funded by the Department of Ecology FY2011 Municipal Stormwater Capacity Grant funds,
in the amount of $29,000, and authorize transfer of the funds from the Surface Water Utility Fund 407 to
the 501 Equipment Repair and Replacement Fund.
7d. ‐ Utility Systems Division recommends approval to purchase a
vehicle in the amount of $29,000 to be funded by 2011 Municipal
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PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:March 23, 2011
TO:Terri Briere, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ron Straka, Surface Water Engineering Supervisor, x7248
SUBJECT:Vehicle Purchase with Department of Ecology FY2011
Municipal Stormwater Capacity Grant Funds for Implementing
NPDES Permit Requirements
ISSUE:
Should Council approve the use of the Department of Ecology FY2011 Municipal
Stormwater Capacity Grant for the purchase of a vehicle to support the ongoing work of
the National Pollution Discharge Elimination System (NPDES) Phase II Municipal
Stormwater Permit compliance?
RECOMMENDATION:
·Approve the purchase of a vehicle needed for implementing the requirements of
the NPDES Municipal Stormwater Permit, to be funded by the Department of
Ecology FY2011 Municipal Stormwater Capacity Grant funds, in the amount of
$29,000.
·Authorize the transfer of the funds needed to purchase the vehicle from the
Surface Water Utility Fund 407 to the 501 Equipment Repair and Replacement
Fund.
BACKGROUND SUMMARY:
Compliance with Renton’s NPDES Phase II Municipal Stormwater Permit (Permit)
includes ongoing field activities performed by the Surface Water Utility (SWU) that
require the use of a pickup truck. The use is often and continuous enough that it is a
strain on the current Utilities Systems vehicle pool. In addition, many of the activities
require equipment that exceeds the storage capacity of the existing Utilities Systems
vehicles. A pickup truck would provide the required equipment storage capacity.
The Department of Ecology FY2011 Municipal Stormwater Grant was received and
7d. ‐ Utility Systems Division recommends approval to purchase a
vehicle in the amount of $29,000 to be funded by 2011 Municipal
Page 41 of 44
Ms. Terri Briere, Council President
Page 2 of 2
March 23, 2011
H:\File Sys\SWA - Surface Water Section Administration\SWA 30 - NPDES Programs\FACILITY INSPECTION\TRUCK
ACQUISITION\NPDES Truck Acquisition - Issue Paper.doc\EMtp
approved by Council on September 20, 2010. The grant funds are intended for use by
the SWU to implement the requirements associated with the Permit. The grant funds
can be used for the purchase of the vehicle provided that the vehicle is dedicated to
implementing the requirements associated with the Permit.
The Permit required field activities that the vehicle would be used for include:
·Controlling runoff from new development, redevelopment and construction sites
w Inspections of private storm water treatment and flow control facilities
w Inspections of erosion and sediment control BMPs
·Illicit Discharge Detection and Elimination program
w Inspections of storm water outfalls
w Activities to identify and remove illicit discharges
·Municipal operations pollution prevention activities
·Public education program
·Monitoring plan implementation
There are sufficient funds in the Department of Ecology FY2011 Municipal Stormwater
Capacity Grant to cover this purchase. The budget for this vehicle purchase is in the
Surface Water Utility 407 Fund 2011 adjusted budget. The approval to transfer the 407
Funds to the 501 Fund and adjust the 501 Fund budget for costs associated with the new
vehicle is requested.
CONCLUSION:
The purchase of this vehicle would fulfill the purpose of the Department of Ecology
FY2011 Municipal Stormwater Capacity Grant as it would enable the Surface Water
Utility to perform the activities required for Permit compliance.
cc:Lys Hornsby, Utility Systems Director
David Hohn, Fleet Manager
JoAnn Wykpisz, PW Principal and Financial Admin Analyst
Hai Nguyen, Finance Analyst
File
7d. ‐ Utility Systems Division recommends approval to purchase a
vehicle in the amount of $29,000 to be funded by 2011 Municipal
Page 42 of 44
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
5-21-2, OF CHAPTER 21, PROCEDURE UPON OVERPAYMENT AND APPEALS, OF
TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", BY ADDING LANGUAGE REQUIRING WRITTEN PROTEST WHEN
PAYING TAXES CLAIMED TO BE UNLAWFUL OR EXCESSIVE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 5-21-2A, of section 5-21-2, Appeals, of Chapter 21, Procedure
Upon Overpayment and Appeals, of Title V (Finance and Business Regulations) of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended as follows:
A. The department's determination of tax owing, including penalties and
interest, may be appealed by filing, in proper form, an appeal with the Hearing
Examiner within twenty (20) days of the date of determination. Copies are also
to be provided by the appealing party in such time to the City Attorney and the
department. The date of determination is the date reflected therein or, if mailed,
three (3) days from the date of mailing, whichever is later. "Filing" requires
actual receipt. As a further condition of appeal a taxpayer must tender to the
City Treasurer, pending the outcome of the appeal, the full amount of all taxes,
fees, penalties and delinquencies assessed by the City and must pay under
written protest setting forth all of the grounds upon which such tax is claimed to
be unlawful or excessive.
9a. ‐ Code amendment requiring written protest regarding claims of
unlawful or excessive taxes (1st reading 3/21/2011)Page 43 of 44
ORDINANCE NO.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of. _, 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. ., 2011.
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1698:3/3/ll:scr
9a. ‐ Code amendment requiring written protest regarding claims of
unlawful or excessive taxes (1st reading 3/21/2011)Page 44 of 44