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HomeMy WebLinkAboutCouncil 01/24/2011AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  January 24, 2011  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Renton Heart Month ‐ February 2011  4.SPECIAL PRESENTATION a. Fire and Emergency Services Department Employee Recognition  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 1/10/2011.  Council concur.  b. Mayor Law reappoints Martin Regge to the Planning Commission for a three‐year term expiring  1/31/2014. Council concur.  c. Community and Economic Development Department submits 10% Notice of Intent to annex  petition  for  the  proposed  Tess  Annexation  and  recommends  a  public  meeting  be  set  on  2/7/2011 to consider the petition; 16.3 acres bordered to the north by SE 132nd St., to the east  by 164th Ave. SE, to the south by SE 134th St., and to the west by 160th Ave. SE.  Council  concur.  d. Community Services Department recommends approval of assignment of the Pavilion Building  Lease, LAG‐05‐002, to Rain City Catering for a term expiring 12/31/2011.  Refer to Finance  Committee.  e. Executive Department recommends approval of a two‐year contract in the amount of $369,224  with Cayce & Grove, LLC for public defender services.  Refer to Finance Committee.  f. Finance and Information Technology Department submits request from Nick Sciola for a utility  bill adjustment due to a water leak and recommends granting the adjustment in the amount of  $3,265.60. Refer to Finance Committee.  g. Fire and Emergency Services Department recommends approval of Amendment #4 to CAG‐09‐ 081, to accept $1,173,302 from King County for basic life support services for 2011. The City’s  Page 1 of 121 share will be $868,873, King County Fire District #25 $102,934, and King County Fire District  #40 $201,495.  Council concur.  h. Transportation Systems Division recommends approval of Supplemental Agreement No. 6 to  CAG‐00‐045, with the Washington State Department of Transportation for the obligation of  grant  funding for  the  SW  27th  St./Strander  Blvd. Connection  project;  and  approval  of  all  subsequent  agreements  necessary  to  accomplish  the  construction  of  the  project.   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;  Banking  Services  Agreement  with  US  Bank;  Farmers  Market  Coordinator Position  9.RESOLUTIONS AND ORDINANCES Ordinance for first reading: a. Revised Civil  Enforcement  of Code  regulations  (Approved  via  8/9/2010  Planning  &  Development Committee Report)  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   January 24, 2011    CANCELED     • 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 121 3a. ‐ Renton Heart Month ‐ February 2011 Page 3 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reappointment to Planning Commission Meeting: Regular Council - 24 Jan 2011 Exhibits: None Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law reappoints the following to the Planning Commission: Mr. Martin Regge, 10319 SE 185th Place, Renton, WA 98055, for a term that expires on 1/31/14. STAFF RECOMMENDATION: Concur in Mayor Law's reappointment of Martin Regge to the Planning Commission. 7b. ‐ Mayor Law reappoints Martin Regge to the Planning Commission  for a three‐year term expiring 1/31/2014. Council concur.Page 4 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Proposed Tess Annexation - 10% Notice of Intent Meeting: Regular Council - 24 Jan 2011 Exhibits: Issue Paper 10% Petition Map Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias x6576 Recommended Action: Council concur to set public meeting on 2/7/2011 Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on December 16, 2010. The proposed 16.3-acre annexation site is located in Renton’s Potential Annexation Area, abutting the eastern portion of the current City limits. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request STAFF RECOMMENDATION: Set February 7, 2011 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Tess Annexation. 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 5 of 121 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:January 24, 2011 TO:Terri Briere, Council President City Councilmembers VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Angie Mathias, x6576 SUBJECT:Proposed Tess Annexation – 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex 16.3-acres for the proposed Tess Annexation area by the direct petition method. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for Council to decide whether to accept or reject the proposal and whether to require the simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): ·Accept the 10% Notice of Intent to Commence Annexation petition; and ·Authorize the circulation of a 60% Direct Petition of Annex for the 16.3-acre area; and ·Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City’s Comprehensive Plan land use designation. BACKGROUND SUMMARY: The proposed 16.3-acre Tess Annexation is located at the eastern portion of the City limits in the East Renton Plateau area. The Tess Annexation Area is bordered to the north by Southeast 132nd Street, to the east by 164th Avenue Southeast, to the south by Southeast 134nd Street, and to the west by 160th Avenue Southeast. 1.Location: The proposed 16.3-acre Tess Annexation is bordered by the existing eastern edge of the City limits in the East Renton Plateau area. 2.Assessed value: The 2010 assessed valuation of the subject annexation site is $2,509,000. 3.Natural features: The area is generally topographically level with slopes of 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 6 of 121 Proposed Tess Annexation 10% Notice of Intent Page 2 of 5 approximately 6% over the length of the area. 4.Existing land uses: There are seven single-family residences and vacant residential property. 5.Existing zoning: Existing King County zoning is R-4. This area was prezoned by the City of Renton as part of the East Renton Plateau pre-zoning. City of Renton Ordinance #5254 prezoned the area with R-4 zoning; this zoning will become effective upon annexation. 6.Comprehensive Plan: Renton’s Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). 7.School District: The Tess Annexation area is in the Issaquah School District. 8.Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems and presents no foreseeable problems. Specific comments follow: Water Utility. The subject site is located within Water District No. 90’s water service area by agreement under the coordinated water system plan. A certificate of water availability from District 90 will be required prior to the issuance of development permits within the subject area, following annexation to the City. It is expected that developer extensions of District No. 90’s water mains will be required to provide service for fire protection and domestic use within the annexation area. The proposed area will not generate need for additional City employees because it is within Water District No. 90. Wastewater Utility. The area is within the Renton wastewater service area. Sewer main extensions will be required to serve the area if properties develop and it is anticipated that new construction would bear the costs of extending the sewer lines. The annexation does not present any problems for the utility and it represents a logical extension of their services. Parks. The Community Services department indicated that the annexation represents a logical extension of the services provided by their department. Staff noted that the area is currently underserved with Renton parks and recreation. However, there are three King County parks within approximately ½ mile of the area. If new parks were to be developed in the future to serve the area, additional staffing and programming would be necessary. Police. The Police Department did not indicate any concerns regarding this proposed annexation. Staff noted that no new staff would be required to serve the area and that the annexation does not present any problems for the department. Staff indicated that the area represents a logical extension of their services. Fire. Renton Fire and Emergency Services currently provides fire and emergency services to the area under a contract with District #25. Staff did not indicate any concerns regarding this proposed annexation. Surface Water. The area is located in two drainage basins, the May Creek and Cedar 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 7 of 121 Proposed Tess Annexation 10% Notice of Intent Page 3 of 5 River basins. Future development will be required to comply with the City’s Surface Water Design Manual and the Flow Control Duration Matching Forested Site Conditions should be applied, as well. The area contains no surface water infrastructure, but conveys runoff via a ditch and culverts, or via sheet flow. The City would assume maintenance responsibility for the ditches, culverts, etc. Any future development within the area would require additional public storm system construction and would require additional resources for maintenance of such infrastructure. Staff indicates the annexation is a logical extension of their services. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. Staff indicated that additional Transportation Systems staff would not be required and that the annexation represents a logical extension of services. Southeast 132nd Street and Southeast 134th Street do not meet the current Renton street standards. A portion of Southeast 132nd and all of Southeast 134th do not have adequate right-of-way width to construct a street that would meet current Renton street standards. 162nd Avenue Southeast and 164th Avenue Southeast are not currently improved as streets, but are used as access streets for abutting properties. These streets do have adequate right-of-way width to meet City standards. Staff noted that the streets do not include curb, gutter, sidewalks, and there is only one streetlight. Energy costs associated with existing and new street lighting, existing and new traffic control signage, and pavement markings should not be a financial burden. Staff indicated that the City would assume ownership and responsibility of all existing streets in the area. Public Works Maintenance. The annexation does not present any problems for the Department and it represents a logical extension of their services. Staff noted that the City would assume ownership and maintenance responsibility of the streets and storm water infrastructure that is located within the area. Building. The Building section did not indicate any concerns regarding the proposed annexation. The annexation does not present any increased need for City staff. Planning. The Planning section did not indicate any concerns regarding the proposed annexation and stated that the annexation represents a logical extension of their services. The annexation does not present any increased need for City staff. ANALYSIS OF THE PROPOSED ANNEXATION: 1.Consistency with the Comprehensive Plan: Renton’s Comprehensive Plan annexation policies support this proposed annexation. The subject site is within the City’s Potential Annexation Area, is subject to development pressure that might benefit from City Development Standards, and is land that is available for urbanization under the King County Comprehensive Plan, zoning, and subdivision regulations (Policy LU-38). Additionally, as Policy LU-36 states, the City recognizes “that it has an inherent interest in future land use decisions affecting its Potential Annexation Area”. 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 8 of 121 Proposed Tess Annexation 10% Notice of Intent Page 4 of 5 2.Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a.Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b.Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded on its western portion by existing City limits and uses streets or parcel lines for the other boundaries. c.Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Tess Annexation Area is in the Issaquah School District. The school district boundaries will not change, the area will remain in the Issaquah School District. Renton will take over police service for the 16.3-acres upon annexation; the King County Sheriff’s Department currently provides police protection to the area. Renton Fire and Emergency Services currently provide service under contract to Fire District #25 which serves the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d.Prevention of abnormally irregular boundaries; This annexation does not have irregular boundaries. e.Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f.Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g.Adjustment of impractical boundaries; Not applicable. h.Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton’s PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i.Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation are rural or designated 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 9 of 121 Proposed Tess Annexation 10% Notice of Intent Page 5 of 5 for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3.A fiscal analysis for the proposed annexation is attached. The fiscal impact analysis that is used for annexations considers costs on a per capita basis. The fiscal analysis indicates that the proposed annexation would have an initial net negative fiscal impact of $4,336 per year. A significant contributing factor to the negative fiscal impact is the amount of roadway this proposed annexation includes. Approximately 2,400 lineal feet of roadway is estimated to cost approximately $5,400/year to maintain. This proposed annexation takes in roadways that if not included would significantly diminish the negative fiscal impact. However, it is in the City’s best interest, and is the preference of the roads division, to assume maintenance of county roadways. Over a 10-year buildout period, it is estimated that the fiscal impact would become positive at $12,499 per year. CONCLUSION: The proposed Tess Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. The proposed Annexation is consistent with relevant County and City annexation policies, as well as applicable Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 10 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 11 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 12 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 13 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 14 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 15 of 121 7c. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Tess Annexation and Page 16 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Pavilion Lease Assignment to Rain City Catering Meeting: Regular Council - 24 Jan 2011 Exhibits: Issue Paper Lease Assignment Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, X6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $3500.00 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$36,000.00 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Council approve and authorize Mayor and City Clerk to sign a one-year Lease Assignment of LAG-05- 002, Pavilion Building Lease to Rain City Catering STAFF RECOMMENDATION: Approve a one-year Lease Assignment of LAG-05-002, Pavilion Building Lease, to Rain City Catering and authorize the Mayor and City Clerk to sign 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 17 of 121 Pavilion Building Lease Assignment ARTICLE 1. BASIC TERMS This Article 1 contains the Basic Terms of this Lease between the Lessor and Lessee named below. Other Articles, Sections, Subsections and Paragraphs of the Lease referred to in this Article 1 explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Section 1.1 Date of Lease: January 1, 2011 Section 1.2 Lessor: City of Renton (the “City”) 1055 South Grady Way Renton, WA 98057 425-430-6500 Section 1.3 Lessee: Rain City Catering P.O. Box 4098 Renton, WA 98057 206-395-5126 Subsection 1.3.1 Lessee’s Address at Time of Execution of Lease: P.O. Box 4098 Renton, WA 98057 Subsection 1.3.2 Address of Property to be Leased by Lessee: Pavilion Building 233 Burnett Avenue South Renton, WA 98055 Section 1.4 Property Legal Description: The object of this Lease is the Lessor’s real property development known as Pavilion Building (a.k.a. the Renton Events Pavilion) and is described in Exhibit “A,” Legal Description, attached hereto and incorporated herein by this reference as if fully set forth (the “Project”). The Project includes the land, the buildings and all other improvements located on the land with the exceptions noted below. The Property being leased to Lessee is further described as: 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 18 of 121 The Pavilion Building, as depicted in Exhibit “B,” Project Site Plan, attached hereto and incorporated herein by this reference as if fully set forth, including approximately 2,500 square feet of patio space located on the west end of the Pavilion Building and approximately 860 square feet of patio space located on the east end of the Pavilion Building. Notwithstanding the legal description included in Exhibit “A,” Legal Description, the Property being leased to Lessee does not include the parking lot or any other exterior space on the north side of the Pavilion Building, the public sidewalk on the west side of the building, the public sidewalk on the east sides of the building or the Piazza Park or any other exterior space on the south side of the Pavilion Building. The leased property is sometimes referred to herein as the “Property” and sometimes as the “Leased Premises” or “Premises.” Section 1.5 Characterization of Property: Lessor shall provide Lessee with a set of “as-built” architectural drawings, plus the O & M documentation, for the Pavilion Building from the renovation completed by Lessor in 2004. Lessee acknowledges that the floor in the open hall of the Pavilion Building has load rating design restrictions that limit the amount of weight that can be supported by the floor as specified in Exhibit “C,” Floor Load Rating Specifications, attached hereto and incorporated herein by this reference as if fully set forth. For any vehicle and for any use that involves a load requirement that may be in excess of the “stringerless” specifications in the attached Exhibit “C,” Floor Load Rating Specifications, Lessee shall consult a structural engineer in advance to determine that the floor can safely handle the load and to secure written documentation of the structural engineer’s determination, a copy of which Lessee shall provide Lessor in advance of the specific use. Section 1.6 Lease Term: The term of this Lease shall be one (1) year, beginning on January 1, 2011 (the “Commencement Date”), and ending on December 31, 2011, unless otherwise terminated under the provisions of Subsections 1.6.1 through 1.6.3. Subsection 1.6.1 Early Termination of Lease by Lessee: Lessee may, in its sole discretion and without any recourse by or compensation to Lessor, terminate the Lease with twelve (12) months notice to Lessor, so long as such twelve (12)-month notice is on or after the three (3)-year anniversary of the Commencement Date with such Lease termination effective on or after the four (4)-year anniversary of the Commencement Date. Subsection 1.6.2 Space Reservations and Early Termination of Lease: Lessee may reserve or rent space at the Pavilion Building to users for the stated lease period. Section 1.7 Permitted Uses: Lessee shall engage in the business of providing an event, banquet and meeting facility. See Article 5 for additional information. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 19 of 121 Section 1.8 Vehicle Parking Spaces Allocated to Lessee: Lessee shall be allowed unlimited use of 2 parking spaces in the public parking lot to the north of the Pavilion Building as established and marked by signage by Lessor. Lessee shall also be provided with 2 City Center Parking Garage passes for its own use in the conduct of its business only. Section 1.9 Rent and Other Charges Payable by Lessee: (a) Base Rent: Lessee shall pay Lessor monthly Base Rent during the Lease Term according to the following schedule: Lease Period (stated in Months) Monthly Base Rent Amount First 6 Months $0.00 Next 6 Months $1,000.00 (b) Revenue Sharing: In addition to the monthly Base Rent above, Lessee shall pay monthly to Lessor the following amounts. Such amounts shall not include any taxes paid by Lessee, gratuities or charges for on-site labor. Catering – Lessor shall receive 15% of the gross room rental charges catering sales, including food and beverage sales and charges for the following items if provided by Lessee: Audio Visual systems, linens, flowers, tables, chairs, flatware, china and the like. Fees collected for group parking at the City Center Parking Garage shall be a direct 100% pass-through to the City. (c) Audit: Lessee will keep and maintain or will cause to be kept and maintained proper and accurate books, records and accounts reflecting all items of revenue required to be reported to Lessor per this Section 1.10. Lessor shall have the right, upon ten (10) days advance written notice to Lessee, to examine such books, records and accounts at the local Renton office of Lessee and to make copies or extracts thereof as Lessor shall desire. In conducting such examination, Lessor shall exercise its best efforts not to interfere with the normal business operations of Lessee. Lessor shall have the right to have an independent third-party auditor inspect and audit such books, records and accounts of Lessee during normal business hours, the cost of which shall be paid by Lessor. If the third-party auditor’s report that Lessee has under-reported its lease payments to Lessor, per the Revenue Sharing agreement in this Section 1.10, by more than 5%, then Lessee shall reimburse Lessor for the reasonable cost of the third-party auditor’s audit. Section 1.10 Exhibits and Other Attachments Which are Part of the Lease: Exhibit “A” - Legal Description 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 20 of 121 Exhibit “B” - Project Site Plan Exhibit “C” - Floor Load Rating Specifications Exhibit “D” - Maintenance Schedule ARTICLE 2. LEASE TERM Section 2.1 Lease of Property for Lease Term: Lessor leases the Property to Lessee and Lessee leases the Propert y from Lessor for the Lease Term. The Lease Term is for the period stated in Section 1.6 and shall begin and end on the dates specified in Section 1.6, unless the beginning or end of the Lease Term is changed under any provision of this Lease. The “Commencement Date” shall be the date specified in Section 1.6 for the beginning of the Lease Term unless advanced or delayed under any provision of this Lease. ARTICLE 3. RENT PAYMENTS AND RESERVES FOR OPERATING EXPENSES Section 3.1 Time and Manner of Payment: On or before the twenty-eighth day of the second month of the Lease Term and each month thereafter, Lessee shall pay Lessor the Base Rent described in Subsection 1.10(a), the amount for the Revenue Sharing described in Subsection 1.10(b) for the prior calendar month and the amount of the Leasehold Excise Tax described in Section 4.1. The rent shall be payable at Lessor’s address or at such other place as Lessor may designate in writing. Together with such payment, Lessee shall provide a detailed financial report that substantiates the Revenue Sharing payment for the prior calendar month, including but not limited to: (i) an itemized list of the actual event dates, users and applicable catering sales and room rental charges as described in Subsection 1.10(b) and (ii) a summary total for the number of qualified events that occurred to date during each twelve (12)-month period for the Performance Standard described in Subsection 1.6.1. Section 3.2 Advance Payments upon Termination: Upon termination of this Lease under Article 7 (Damage or Destruction), Article 8 (Condemnation), or any other termination not resulting from Lessee’s default, and after Lessee has vacated the Property in the manner required by this Lease, Lessor shall refund or credit to Lessee (or Lessee’s successor) any advance rent or other advance payments made by Lessee to Lessor. ARTICLE 4. OTHER CHARGES PAYABLE BY LESSEE Section 4.1 Taxes: 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 21 of 121 Lessee shall be responsible for the payment of the Leasehold Excise Tax (as further described below), Business & Occupation Tax and Sales Tax, as applicable. So long as the Property is owned by Lessor and is exempt from general real estate taxes as a municipal corporation in accordance with RCW 84.36.010, Lessee shall be obligated to pay the applicable Leasehold Excise Tax (a.k.a. “Rent Excise Tax”) on the Base Rent and Revenue Sharing payment. Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold monthly to Lessor during the Lease Term along with the rents described in Section 3.1. Within one hundred twenty (120) days after the end of each calendar year during the Lease Term or within such longer period of time as may be reasonably necessary, Lessor shall furnish to Lessee a statement of the Leasehold Excise Tax that Lessor was required to charge and collect from Lessee for the preceding calendar year. If the required Leasehold Excise Tax charges for the preceding calendar year exceed the monthly payments made by Lessee, then Lessee shall pay Lessor the deficiency within thirty (30) days after receipt of the statement. If the Leasehold Excise Tax payments made by Lessee exceed the required Leasehold Excise Tax charges for the preceding calendar year, then, at Lessor’s option, either Lessor shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee or Lessee shall be entitled to offset the excess against the next installment(s) of rent, provided, however, that at the end of the Lease Term Lessor shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee. Section 4.2 Utilities: Lessor shall be responsible for providing utilities to the Property, and represents and warrants to Lessee that as of the Commencement Date water, sewer, gas, electricity, and telephone utilities are available at the Property. Lessee shall pay for all water, sewer, gas, electricity, telephone, and other utilities and services used by Lessee on the Property during the Lease Term. Under no circumstances shall Lessee be responsible for any charges for water, sewer, gas, electricity, heat, telephone, and other utilities and services, which are not under the control of Lessee and for the use of providing services under this contract as a meeting, banquet and event facility. Section 4.3 Insurance Policies: (a) Liability Insurance. Lessee shall maintain in full force throughout the duration of the Lease Term a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Lessee against liability for bodily injury, property damage (including loss of use of property) and personal injury or death arising out of the operation, use or occupancy of the Property. Said liability insurance policy shall specifically list “Liquor Liability Included” as a provision. Lessee shall name Lessor as an additional insured under such policy. The initial amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Lessor’s professional insurance advisors and other relevant factors. Lessee shall also maintain in full force throughout the duration of the Lease Term a policy of automobile liability insurance insuring Lessee against liability for bodily injury, property damage and personal injury or death arising out of the operation or use of a vehicle by Lessee’s employees, agents, contractors and invitees in connection with the operation, use or occupancy of the Property. The initial amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence. The liability insurance obtained by Lessee under this Section 4.3 shall (i) be primary and non-contributing; (ii) contain cross-liability endorsements; and (iii) insure Lessor against Lessee’s performance 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 22 of 121 under Section 5.6, if the matters giving rise to the indemnity under Section 5.6 result from the negligence of Lessee. The amount and coverage of such insurance shall not limit Lessee’s liability nor relieve Lessee of any other obligation under this Lease. Lessor may also obtain comprehensive public liability insurance in an amount and with coverage determined by Lessor insuring Lessor against liability arising out of ownership, operation, use or occupancy of the Property. The policy obtained by Lessor shall not be contributory and shall not provide primary insurance. If Lessee requires any agent, contractor, user or invitee to secure or maintain liability insurance related to alterations to or maintenance, operation, use or occupancy of the Property, Lessee shall require such liability insurance to include Lessor as an additional insured on such policies. Notwithstanding the above, Lessor accepts liability for the use of the Pavilion Building restrooms for Piazza Events provided for in Subsection 5.4.2. (b) Property Insurance. During the Lease Term, Lessor shall maintain policies of insurance to be paid for by Lessor covering loss of or damage to the Property in the full amount of its replacement value. Such policy shall contain an inflation guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage and any other perils which Lessor deems reasonably necessary. Lessor shall not obtain insurance for Lessee’s fixtures or equipment or building improvements installed by Lessee on the Property. Lessee shall maintain policies of insurance for Lessee’s fixtures or equipment or building improvements installed by Lessee on the Property. (c) General Insurance Provisions. (i) Any insurance which Lessee is required to maintain under this Lease shall include a provision which requires the insurance carrier to give Lessor not less than forty five (45) days written notice prior to any cancellation or modification of such coverage. (ii) If Lessee fails to deliver any policy, certificate or renewal to Lessor required under this Lease within the prescribed time period or if any such policy is canceled or modified during the Lease Term without Lessor’s consent, Lessor may obtain such insurance, in which case Lessee shall reimburse Lessor for the cost of such insurance within fifteen (15) days after receipt of a statement that indicates the cost of such insurance. (iii) Lessee shall maintain all insurance required under this Lease with companies rated A-XV or better in Best’s Insurance Guide, and which are authorized to transact business in the State of Washington. If at any time during the Lease Term, Lessee is unable to maintain the insurance required under the Lease, Lessee shall nevertheless maintain insurance coverage which is customary and commercially reasonable in the insurance industry for Lessee’s type of business, as that coverage may change from time to time. Lessor makes no representation as to the adequacy of such insurance to protect Lessor’s or Lessee’s interest. Therefore, Lessee shall obtain any such additional property or liability insurance which Lessee deems necessary to protect Lessor and Lessee. (iv) Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 23 of 121 connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Section 4.4 Maintenance of Facility: Lessee shall reimburse Lessor within thirty (30) days after receipt of a statement for the cost of: (i) Lessor performing any maintenance to the Premises for which Lessee is responsible and which Lessee approves in writing and (ii) Lessor performing any emergency maintenance to safeguard and preserve the integrity of the Premises if Lessor is unable to reach Lessee in an emergency for Lessee to perform the maintenance. Section 4.5 Common Exterior Areas; Use, Maintenance and Costs: For the purpose of this Section 4.5, Common Exterior Areas are defined as the Piazza Park on the south side of the Pavilion Building and the public parking lot, Renton Transit Center and City Center Parking Garage on the north side of the Pavilion Building as identified in Exhibit “B,” Project Site Plan. If Lessor encounters damage (beyond normal wear and tear) or extraordinary trash in the Common Exterior Areas that are attributed to Lessee’s use of the Premises, Lessor shall notify Lessee to allow Lessee to perform the required maintenance or custodial services. If Lessee elects not to perform the required maintenance or custodial services, Lessee shall reimburse Lessor within thirty (30) days after receipt of a statement for the cost of performing such work so long as the damage or extraordinary trash is related to the Lessee’s use of the Premises. Section 4.6 Late Charges: Lessee’s failure to pay rent promptly may cause Lessor to incur unanticipated costs. The exact amount of such costs are impractical or difficult to ascertain. Such costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Lessor by any ground lease, mortgage or other encumbrance on the Property. Consequently, if Lessor does not receive any Rent payment within ten (10) days after it becomes due, Lessee shall pay Lessor a late charge equal to five percent (5%) of the overdue amount for each month that it is overdue. The parties agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Section 4.7 Interest on Past Due Obligations: Any amount owed by Lessee to Lessor which is not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the due date of such amount, however, interest shall not be payable on late charges to be paid by Lessee under this Lease. The payment of interest on such amounts shall not excuse or cure any default by Lessee under this Lease. If the interest rate specified in this Lease is higher than the rate then permitted by law, the interest rate shall be decreased to the maximum legal interest rate then permitted by law. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 24 of 121 ARTICLE 5. USE OF PROPERTY Section 5.1 Permitted Uses: Lessee shall have exclusive control and access to the Pavilion Building, except as defined elsewhere in this Lease. Lessee may use the Property only for the Permitted Uses set forth in Section 1.7 and subject to the floor load restrictions included in Section 1.5. Lessee shall not allow smoking inside the building, and shall provide adequate ashtrays in the patio areas outside to accommodate any smoking, which shall only be permitted in accordance with the conditions of State law. Any animal show on the Premises must be approved by Lessor in writing prior to the event. Incidental animal activities such as magic shows and service animals such as guide dogs for the blind shall not require Lessor approval. Lessee shall not allow the use of rice, confetti, birdseeds, flower petals and the like outside the Pavilion Building. Bubbles shall be permitted outside. Lessee shall not allow any obscene use of the Premises. The maximum occupancy of the building shall be 655 people. Section 5.2 Manner of Use: Lessee shall professionally market, maintain and operate the Premises as a quality meeting, banquet and event space. Lessee shall not cause or permit the Property to be used in any way which constitutes a violation of any law, ordinance, or governmental regulation or order. Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy, required for Lessee’s occupancy of the Property and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Lessee of the Property, including the Occupational Safety and Health Administration. Notwithstanding the above, Lessee or Lessee’s users shall secure any required liquor license, banquet license or food handling permits, as applicable, for use of the Premises. Lessee shall not obstruct, cover or block the Pavilion Building windows, including but not limited to window coverings and moveable partitions, except as necessary during events and meetings. Any such window coverings and moveable partitions will be immediately opened or removed as applicable on a daily basis after any events or meetings. Section 5.3 Use of Piazza Park: Lessor shall provide Lessee with an annual schedule of City-sponsored events for the Piazza Park. Although Lessor reserves the right to schedule City-sponsored events at the Piazza Park at any time, Lessor will attempt to schedule additional City-sponsored events on dates where there are no conflicting uses scheduled at the Pavilion Building if possible. Lessor acknowledges that users and invitees for events at the Pavilion Building may occupy a portion of the Piazza Park for incidental use without the prior, written consent of the Renton Park Board. For the purpose of this provision, incidental use shall mean the ability to use or congregate in a portion of the Piazza Park so long as: (i) City of Renton’s Park Rules and Regulations are maintained, (ii) no food or beverages are served in the Piazza Park and (iii) no 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 25 of 121 objects that impede or restrict public access or full use of the Piazza Park by other persons are placed in the Piazza Park, including, but not limited to, stanchions, barricades, stands, chairs, tables, tents, fixtures or the like. In order for users or invitees of the Pavilion Building to occupy any portion of the Piazza Park for any use other than specifically provided for above, Lessee or user of the Pavilion Building must pay any applicable fee and secure the Renton Board of Park Commissioners’ prior, written approval. Lessee shall provide users of the Premises with a copy of City of Renton’s Park Rules and Regulations. Lessee shall make users and invitees of the Premises aware of the City of Renton’s restriction against the use of alcohol in the Piazza Park, and of the restrictions related to use of the Piazza Park as described above. Section 5.4 City Use of Facility: Subsection 5.4.1 City-Sponsored Events: (a) Lessor shall have the right to schedule up to a maximum of 12 City-Sponsored Events per year at the Pavilion Building. For the purpose of this Subsection 5.4.1, City-Sponsored Events shall refer to any event sponsored or co-sponsored by the City as submitted to Lessee by the Office of the Mayor or the Mayor’s designee. Lessor shall be responsible for any liability or damage to persons or property that occurs in any way as a result of these City-Sponsored Events. These events shall be allowed on a space available basis by Lessee, and subject to the restrictions of Subsection 5.4.1(d). (b) Lessee shall only be responsible for allowing access to the Pavilion Building, and providing custodial services before, during and after the event. (c) The fee to the City for these City- Sponsored Events shall be as follows: Base Fee: $250 Hourly Attendance Fee: $35 Excessive Cleanup Surcharge: Reimbursement of Lessee’s actual costs These fees and charges shall not include any services other than access to an empty, clean Pavilion Building with a comfortable temperature and well-stocked restrooms. Any additional services such as catering and the like, shall be billed at Lessee’s normal rates, and the exclusivity of Lessee’s right to provide such services shall remain in affect during these City Sponsored Events. The room rental revenue (but not the catering revenue) from these City Sponsored events to Lessor shall not be subject to the Revenue Sharing provisions of Subsection 1.10(b). (d) Scheduling of these City Sponsored Events shall not fall within the following times and dates unless otherwise approved by Lessee in writing: Friday Evenings after 3:00pm Saturdays Sundays Holidays 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 26 of 121 However, the exclusions in this Subsection 5.4.1(d) shall not apply during the annual Renton River Days event and for the annual Holiday Tree Lighting festivities. Subsection 5.4.2 Piazza Events: Lessor may schedule up to a maximum of 36 City-approved events in the Piazza Park such as the Renton Farmers’ Market, the Cinema on the Piazza summer movies, festivals and the like where Lessee shall provide access to the restrooms of the Pavilion Building (but not the entire building). Lessor shall provide Lessee with at least sixty (60) days advance notice for such events. Lessee agrees to work with other potential users of the Pavilion Building for the dates of such Piazza events to promote shared use of the Pavilion Building restrooms, if possible. However, if Lessee has another use scheduled for the Pavilion Building where shared use of the restrooms is not possible for one (1) or more of the above Piazza events, Lessee shall provide Lessor with at least thirty (30) days advanced notice, in which case Lessee shall not provide access to the Pavilion Building restrooms and Lessor or the Piazza event sponsor shall secure commercially available portable toilets at its own expense, if desired. If there is no other event scheduled or another event scheduled where the Pavilion Building restrooms may be shared, Lessee shall make the restrooms at the Pavilion Building available for $50.00 for each eight (8) hour period per event. Said fee shall be paid by Lessor or the Piazza event sponsor within 30 days of receipt of invoice from Lessee. Lessor shall be responsible for opening, monitoring, cleaning, restocking and locking the Pavilion Building restrooms for each such event. Lessor shall be responsible for any liability or damage to persons or property that occurs in any way as a result of the use of the Pavilion Building restrooms for such Piazza events. The $50.00 payments for use of the Pavilion Building restrooms described in this Subsection 5.4.2 shall not be subject to the Revenue Sharing provisions of Subsection 1.10(b). If another event is scheduled during one (1) of the above Piazza events, Lessee shall inform the Pavilion Building user for such date of the Piazza event so that the user is aware in advance of potential impacts from the Piazza event on the user’s event or meeting on the Premises. Section 5.5 Signs: Lessee shall not place any interior or exterior signs on the Property without Lessor’s prior written consent. Section 5.6 Indemnity: Subsection 5.6.1 Lessee’s Indemnification of Lessor: Lessee, Rain City Catering., shall indemnify, defend and hold Lessor harmless from and against any and all costs, claims, losses or liability, or any portion thereof, arising from: (a) Lessee’s use of the Property; (b) the conduct of Lessee’s business or anything else done or permitted by Lessee to be done in or about the Property, including any contamination of the Property or any other property resulting from the presence or use of Hazardous Material caused or permitted by Lessee; (c) any breach of default in the performance of Lessee’s obligations under this Lease; (d) any misrepresentation or breach of warranty by Lessee under this Lease; or (e) other acts or omissions of Lessee. Lessee shall defend Lessor against any such cost, claim, loss or liability at Lessee’s expense with counsel reasonably acceptable to Lessor or, at Lessor’s election, Lessee 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 27 of 121 shall reimburse Lessor for any legal fees or costs incurred by Lessor in connection with any such claim. As a material part of the consideration to Lessor, Lessee assumes all risk of damage to property or injury to persons in the Property arising from any cause, and Lessee hereby waives all claims in respect thereof against Lessor, except for any claim arising out of Lessor’s sole negligence. As used in this Section 5.6, the term “Lessee,” for purposes of triggering indemnification, shall include Lessee’s officers, employees, agents, contractors, volunteers and invitees, if applicable. This indemnification provision shall not be applicable to any sums payable under RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has been freely negotiated between Lessee and Lessor. The provisions of this Subsection 5.6.1 shall survive the termination or expiration of this Lease. Subsection 5.6.2 Lessor’s Indemnification of Lessee: This Subsection 5.6.2 shall apply only to Lessor’s liability and responsibility for (i) the City- Sponsored Events provided for in Subsection 5.4.1; and (ii) the use of the Pavilion Building restrooms for Piazza events provided for in Subsection 5.4.2. Lessor shall provide no other indemnification for Lessee. Subject to the above limitations, Lessor, City of Renton, shall indemnify, defend and hold Lessee harmless from and against any and all costs, claims, losses or liability, or any portion thereof, arising from: (a) Lessor’s use of the Property; (b) the conduct of Lessor’s business or anything else done or permitted by Lessor to be done in or about the Property, including any contamination of the Property or any other property resulting from the presence or use of Hazardous Material caused or permitted by Lessor; (c) any breach of default in the performance of Lessor’s obligations under this Lease; (d) any misrepresentation or breach of warranty by Lessor under this Lease; or (e) other acts or omissions of Lessor. Lessor shall defend Lessee against any such cost, claim, loss or liability at Lessor’s expense with counsel reasonably acceptable to Lessee or, at Lessee’s election, Lessor shall reimburse Lessee for any legal fees or costs incurred by Lessee in connection with any such claim. As a material part of the consideration to Lessee, Lessor assumes all risk of damage to property or injury to persons in the Property arising from any cause, and Lessor hereby waives all claims in respect thereof against Lessee, except for any claim arising out of Lessee’s sole negligence. As used in this Section 5.6, the term “Lessor,” for purposes of triggering indemnification, shall include Lessor’s officers, employees, agents, contractors, volunteers and invitees, if applicable. This indemnification provision shall not be applicable to any sums payable under RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has been freely negotiated between Lessee and Lessor. The provisions of this Subsection 5.6.2 shall survive the termination or expiration of this Lease. Section 5.7 Lessor’s Access: Lessor may access the main electrical room on the northeast side of the Pavilion Building at any time and without notice for the purpose of using or maintaining the electrical service and exterior 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 28 of 121 lighting controls for the Piazza Park. Lessor may also access the restrooms at the Pavilion Building for Piazza events as provided for in Subsection 5.4.2. Lessor or its agents may enter the Property at all reasonable times to show the Property to potential buyers, investors, lessees or other parties. Lessor shall give Lessee reasonable prior notice of such entry, except in the case of emergency. Lessor may place customary “For Lease” signs on the Property at any time during the Lease. Lessee may take down the “For Lease” signs during events, but shall replace them immediately afterwards. Section 5.8 Quiet Possession: If Lessee pays the Rent and complies with all other terms of this Lease, Lessee may occupy and enjoy the Property for the full Lease Term, subject to the provisions of this Lease. Notwithstanding the above, Lessee acknowledges that the Premises are located adjacent to the Piazza Park and the Renton Transit Center and that, as such, the use of the Premises may be impacted by the day-to-day activities in the adjacent spaces or City-sponsored or endorsed activities in the Piazza Park, including but not limited to the Piazza events described in Subsection 5.4.2. Section 5.9 Hazardous Material: Lessor represents and warrants to Lessee that, to the best of Lessor’s knowledge, there is no “Hazardous Material” (as defined below) on, in, or under the Premises as of the Commencement Date except as otherwise disclosed to Lessee in writing before the execution of this Lease. If there is any Hazardous Material on, in, or under the Premises as of the Commencement Date, which has been or thereafter becomes unlawfully released through no fault of Lessee, then Lessor shall indemnify, defend and hold Lessee harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including without limitation sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees, incurred or suffered b y Lessee either during or after the Lease Term as the result of such contamination. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises by Lessee, its officers, agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Lessee breaches the obligations stated in the preceding sentence, then Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Lessor either during or after the Lease Term. These indemnifications by Lessor and Lessee include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or ground water on or under the Premises. Lessee shall immediately notify Lessor of any inquiry, investigation or notice that Lessee may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 29 of 121 Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Lessee, its officers, agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Lessee shall promptly take all actions, at its sole expense, as are necessary to return the Premises or any other property, to the condition existing prior to the release of any such Hazardous Material; provided that Lessor’s approval of such actions shall first be obtained, which approval may be withheld at Lessor’s sole discretion. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government due to its potential harm to the health, safety or welfare of humans or the environment. ARTICLE 6. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS Section 6.1 Existing Conditions: Lessee accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation as to the condition of the Property nor the suitability of the Property for Lessee’s intended use. Lessee represents and warrants that Lessee has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Lessor or any Broker with respect thereto. If Lessor or Lessor’s Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease and initialed by both parties. Section 6.2 Exemption of Lessor from Liability: Lessor shall not be liable for an y damage or death or injury to the person, business (or in any loss of income there from), goods, wares, merchandise or other property of Lessee, Lessee’s officers, agents, employees, invitees, customers or any other person in or about the Property, whether such damages or injury is caused by or results from: (a) fire, steam, electricity, water, gas, snow, rain, or volcanic activity; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or lighting fixtures or any other cause; or (c) conditions arising in or about the Property or upon other portions of the Project, or from other sources or places. Lessor shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage, death or injury are not accessible to Lessee. The provisions of this Section 6.2 shall not, however, exempt Lessor from liability for Lessor’s negligence or misconduct. Section 6.3 Maintenance and Repairs: Lessee shall have total responsibility for maintenance as described in Exhibit “E,” Maintenance Schedule, routine repairs and custodial services for the Project. A specific description of the maintenance and custodial requirements is included as Exhibit “E,” Maintenance Schedule, attached hereto and incorporated herein by this reference as fully set forth. Lessee shall maintain records on the Premises that document Lessee’s performance of preventative maintenance, inspections and service to the HVAC and other building systems included in Exhibit “E,” 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 30 of 121 Maintenance Schedule, Section II (Mechanical). Such records shall be available for inspection by Lessor. Lessor will conduct periodic inspections of the Premises and the above records with ten (10) days notice to assure compliance with the maintenance and custodial requirements. Lessor reserves the right to perform emergency maintenance services to safeguard and preserve the integrity of the Premises and to perform maintenance, repairs or custodial services if Lessee fails to perform them within thirty (30) days of notice. Lessor will bill Lessee for emergency or other services provided by Lessor and Lessee shall make payment along with the rent described in Section 1.10. Lessee is responsible for any processes, procedures, or construction activities that require environmental review, permits, or similar approvals. Qualified individuals shall perform all maintenance, design or construction work on the Premises. Lessor shall assume responsibility for all damage, maintenance, and repair to the exterior of the Pavilion Building, whether for vandalism or other, unless caused by Lessee’s use of the Premises. Lessor shall provide Lessee at no charge with initial instruction regarding the operation and maintenance of HVAC and other mechanical systems located in the Pavilion Building and the use of the Maintenance Schedule included in Exhibit “E.” Subject to the provisions of Article 7, if Lessee performs the required preventative maintenance, inspections and service included in Exhibit "E," Maintenance Schedule, Section II (Mechanical), Lessor shall accept responsibility for failures to the following equipment, systems or components on the Premises: structural components, HVAC, plumbing, electrical distribution and electronic control systems. However, this provision shall not apply to items that may need repair or replacement by Lessee due to normal wear and tear during the Lease Term including, but not limited to, door openers and closers, roll up door rollers, toilet flush values, restroom fans, light bulbs and other consumable items. Section 6.4 Alterations, Additions, and Improvements: Should not come into play. (a) Lessee shall not make any alterations, additions, or improvements to the Property or install interior or exterior signage without Lessor’s prior written consent. Lessee shall pay for any alterations, additions or improvements approved by Lessor. The term “Alterations” shall not include the installation of carpet, shelves, movable partitions, Lessee’s equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Property, and Lessor’s consent shall not be required for Lessee’s installation of those items. However, Lessee agrees to coordinate any carpet installation in advance with Lessor to insure that the carpet is installed in a manner that allows appropriate service access to all HVAC service areas in the plenum. Lessor may require Lessee to provide demolition and/or lien and completion bonds in form and amount satisfactory to Lessor. Lessee shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.4 upon Lessor’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Lessor. Upon completion of any such work, Lessee shall provide Lessor with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Lessee shall not be required to remove or pay the cost of removal of any Alterations 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 31 of 121 upon the termination or expiration of the Lease for any reason. All Alternations shall become the property of Lessor upon termination or expiration of the Lease. (b) Lessee shall pay when due all claims for labor and material furnished to the Property. Lessee shall give Lessor at least twenty (20) days prior written notice of the commencement of any work on the Property, regardless of whether Lessor’s consent to such work is required. Lessor may elect to record and post notices of non-responsibility on the Property. Lessee shall reimburse Lessor for any legal fees or costs incurred by Lessor in connection with defending itself against any claims for labor or material furnished to the Property. Section 6.5 Condition Upon Termination of Lease: Upon the termination of the Lease, Lessee shall surrender the Property to Lessor, broom clean and in the same condition as received except for ordinary wear and tear which Lessee was not otherwise obligated to remedy under any provision of this Lease. However, Lessee shall not be obligated to repair any damage which Lessor is required to repair under Article 7 (Damage or Destruction). All alterations, additions and improvements shall become Lessor’s property and shall be surrendered to Lessor upon the expiration or early termination of the Lease, except that Lessee may remove any of Lessee’s machinery or equipment which can be removed without material damage to the Property. Lessee shall repair, at Lessee’s expense, any damage to the Property caused by the removal of any such machinery, specialty cabinets installed by Lessee, computer, telephone or other communication or electronic equipment, or other equipment. In no event, however, shall Lessee remove any of the following materials or equipment (which shall be deemed Lessor’s property) without Lessor’s prior written consent: any power wiring or power panels; lighting or lighting fixtures, wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates or security systems; or other similar building operating equipment and decorations. Within thirty (30) days after the expiration or early termination of this Lease, Lessee shall remove from the Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Premises by the Lessee unless otherwise provided for in the Lease. If Lessee fails to removed such equipment, furnishings, and other personal property within the time allowed, Lessor may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and Lessee shall reimburse Lessor for any expenses incurred by Lessor in connection with such removal and storage. Lessor shall have the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to payment of any charges for storage, and third to the payment of any other amounts which may then be due from Lessee to Lessor, and the balance, if any, shall be paid to Lessee. ARTICLE 7. DAMAGE OR DESTRUCTION Section 7.1 Partial Damage to Property: (a) Lessee shall notify Lessor in writing immediately upon the occurrence of an y damage to the Property. If the Property is only partially damaged, [i.e., less than fifty percent (50%) of the Property is unleaseable as a result of such damage or less than fifty percent (50%) of Lessee’s 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 32 of 121 operations are materially impaired], and if the proceeds received by Lessor from the insurance policies described in Subsection 4.3(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Lessor shall repair the damage as soon as reasonably possible. Lessor may elect (but is not required) to repair any damage to Lessee’s fixtures, equipment, or improvements. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee’s employees, agents, contractors or invitees, the “deductible amount,” if any, under Lessor’s insurance policies. (b) If the insurance proceeds received by Lessor are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Lessor maintains under Section 4.3, Lessor may elect either to (i) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the date the damage occurred. Lessor shall notify Lessee within thirty (30) days after receipt of notice of the occurrence of the damage whether Lessor elects to repair the damage or terminate the Lease. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee’s employees, agents, contractors or invitees, the “deductible amount,” if any, under Lessor’s insurance policies. If Lessor elects to terminate the Lease, Lessee may elect to continue this Lease in full force and effect, in which case Lessee shall repair any damage to the Property and any building in which the Property is located. Lessee shall pay the cost of such repairs, except that upon satisfactory completion of such repairs, Lessor shall deliver to Lessee any insurance proceeds received by Lessor for the damage repaired by Lessee. Lessee shall give Lessor written notice of such election within ten (10) days after receiving Lessor’s termination notice. (c) If the damage to the Property occurs during the last six (6) months of the Lease Term and such damage will require more than thirty (30) days to repair, either Lessor or Lessee may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after Lessee’s notice to Lessor of the occurrence of the damage. Section 7.2 Substantial or Total Destruction: If the Property is substantially or totally destro yed by any cause whatsoever (i.e., the damage to the Property is greater than partial damage as described in Section 7.1, and regardless of whether Lessor receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, Lessor may elect to rebuild the Property at Lessor’s own expense, in which case this Lease shall remain in full force and effect. Lessor shall notify Lessee of such election within thirty (30) days after Lessee’s notice of the occurrence of total or substantial destruction. If Lessor so elect, Lessor shall rebuild the Property at Lessor’s sole expense, except that if the destruction was caused by an act or omission of Lessee. Section 7.3 Temporary Reduction of Rent: If the Property is destroyed or damaged and Lessor or Lessee repairs or restores the Property pursuant to the provisions of this Article 7, any rent payable during the period of such damage repair and/or restoration shall be reduced according to the degree, if any, to which Lessee’s use of the Property is impaired. Except for such possible reduction in Base Rent, Lessee shall not be 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 33 of 121 entitled to any compensation, reduction, or reimbursement from Lessor as a result of any damage, destruction, repair, or restoration of or to the Property. Section 7.4 Destruction Waiver: Lessee waives the protection of an y statute, code or judicial decision which grants a lessee the right to terminate a lease in the event of the substantial or total destruction of the leased Property. Lessee agrees that the provision of Section 7.2 above shall govern the rights and obligations of Lessor and Lessee in the event of any substantial or total destruction to the Property. ARTICLE 8. CONDEMNATION If all or any portion of the Property is taken under the power of eminent domain or sold under the threat of that power (all of which are called “Condemnation”), this Lease shall terminate as to the part taken or sold on the date the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the floor area of the building in which the Property is located, or which is located on the Property, is taken, either Lessor or Lessee may terminate this Lease as of the date the condemning authority takes title or possession, by delivering written notice to the other within ten (10) days after receipt of written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority takes title or possession). If neither Lessor nor Lessee terminates this Lease, this Lease shall remain in effect as to the portion of the Property not taken, except that the Base Rent shall be reduced in proportion to the reduction in the floor area of the Property. Any Condemnation Award or payment shall be distributed in the following order: (a) first, to any mortgagee or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the Property; (b) second, to Lessee, only the amount of any award specifically designated for loss of or damage to Lessee’s trade fixtures or removable personal property; and (c) third, to Lessor, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. If this Lease is not terminated, Lessor shall repair an y damage to the Property caused by the Condemnation, except that Lessor shall not be obligated to repair any damage for which Lessee has been reimbursed by the condemning authority. If the severance damages received by Lessor are not sufficient to pay for such repair, Lessor shall have the right to either terminate this Lease or make such repair at Lessor’s expense. ARTICLE 9. ASSIGNMENT AND SUBLETTING Section 9.1 Lessor’s Consent Required: No portion of the Property or of Lessee’s interest in this Lease may be acquired by any other person or entity, whether by sale, assignment, mortgage, sublease, transfer, operation of law, or act of Lessee (hereafter collectively referred to as a “Transfer”) without Lessor’s prior written consent. Lessor has the right to grant or withhold its consent as provided in Section 9.3 below. Any attempted Transfer without Lessor’s prior written consent shall be void and shall constitute a non-curable breach of this Lease. If Lessee is a partnership or limited liability company, any cumulative Transfer of more than twenty percent (20%) of the entity’s interests shall require Lessor’s consent. If Lessee is a corporation, any change in the ownership of a controlling interest of the voting stock of the corporation, cumulatively over the life of the Lease, shall require Lessor’s consent. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 34 of 121 Section 9.2 No Release of Lessee: No Transfer shall release Lessee or change Lessee’s primary liability to pay the rent and to perform all other obligations of Lessee under this Lease. Lessor’s acceptance of rent from any other person is not a waiver of any provision of this Article 9. Consent to one Transfer is not consent to any subsequent Transfer. If Lessee’s transferee defaults under this Lease, Lessor may proceed directly against Lessee without pursuing remedies against the transferee. Lessor may consent to subsequent assignments or modifications of this Lease by Lessee’s transferee, without notifying Lessee or obtaining its consent. Such action shall not relieve Lessee’s liability under this Lease. Section 9.3 Lessor’s Consent: Lessee’s request for consent to any Transfer described in Section 9.1 shall set forth in writing the details of the proposed Transfer, including the name, business and financial condition of the prospective transferee, financial details of the proposed Transfer (e.g., the term of and the rent and security deposit payable under any proposed assignment or sublease), and any other information Lessor deems relevant. Lessor shall have the right to withhold consent, if reasonable, or to grant consent, based on the following factors: (i) the business of the proposed assignee or sublessee and the proposed use of the Property; (ii) the net worth and financial reputation of the proposed assignee or sublessee; (iii) Lessee’s compliance with all of its obligations under the Lease; and (iv) such other factors as Lessor may reasonably deem relevant. ARTICLE 10. DEFAULT OR FAILURE OF CONSIDERATION Lessee’s performance of each of Lessee’s obligations under this Lease is a condition as well as a covenant. Lessee’s right to continue in possession of the Property is conditioned upon such performance. Time is of the essence in the performance of all covenants and conditions. Lessor may terminate the Lease and take possession of the Leased Premises in the event that the Lessee shall have failed to perform any of the covenants or conditions of the Lease, and such default or deficiency in performance was not remedied by the Lessee within thirty (30) days after receiving notice in writing stating the nature of the default or deficiency and the Lessor’s intention to terminate the Lease if not corrected. ARTICLE 11. PROTECTION OF LENDERS Section 11.1 Subordination: Lessor shall have the right to subordinate this Lease to an y ground lease, deed of trust or mortgage encumbering the Property, any advances made on the security thereof and any renewals, modifications, consolidations, replacements or extensions thereof, whenever made or recorded. Lessee shall cooperate with Lessor and any lender which is acquiring a security interest in the Property or the Lease. Lessee shall execute such further documents and assurances as such lender may require, provided that Lessee’s obligations under this Lease shall not be increased in any material way (the performance of ministerial acts shall not be deemed material), and Lessee shall not be deprived of its rights under this Lease. Lessee’s right to quiet possession of the Property during the Lease Term shall not be disturbed if Lessee pays the rent and performs all of Lessee’s obligations under this Lease and is not otherwise in default. If any 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 35 of 121 ground Lessor, beneficiary or mortgagee elects to have this Lease prior to the lien of its ground lease, deed of trust or mortgage and gives written notice thereof to Lessee, this Lease shall be deemed prior to such ground lease, deed of trust or mortgage whether this Lease is dated prior or subsequent to the date of said ground lease, deed of trust or mortgage or the date of recording thereof. Section 11.2 Attornment: If Lessor’s interest in the Property is acquired b y any ground Lessor, beneficiary under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee shall attorn to the transferee of or successor to Lessor’s interest in the Property and recognize such transferee or successor as Lessor under this Lease. Lessee waives the protection of any statute or rule of law which gives or purports to give Lessee any right to terminate this Lease or surrender possession of the Property upon the transfer of Lessor’s interest. Section 11.3 Signing of Documents: Lessee shall sign and deliver any instrument or documents necessary or appropriate to evidence any such attornment or subordination or agreement to do so. If Lessee fails to do so within twenty (20) days after written request, Lessee hereby makes, constitutes and irrevocably appoints Lessor, or any transferee or successor of Lessor, the attorney-in-fact of Lessee to execute and deliver any such instrument or document. Section 11.4 Estoppel Certificates: (a) Upon Lessor’s written request, Lessee shall execute, acknowledge and deliver to Lessor a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Lessor is not in default under this Lease (or, if Lessor is claimed to be in default, stating why); and (v) such other representations or information with respect to Lessee or the Lease as Lessor may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Lessee shall deliver such statement to Lessor within twenty (20) days after Lessor’s request. Lessor may give an y such statement by Lessee to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. (b) If Lessee does not deliver such statement to Lessor within such twenty (20) day period, Lessor, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Lessor; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Lessor: (iii) that not more than one month’s Base Rent or other charges have been paid in advance; and (iv) that Lessor is not in default under the lease. In such event, Lessee shall be estopped from denying the truth of such facts. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 36 of 121 ARTICLE 12. LEGAL COSTS Section 12.1 Legal Proceedings: If Lessee or Lessor shall be in breach or default under this Lease, such party (the “Defaulting Party”) shall reimburse the other party (the “Nondefaulting Party”) upon demand for any costs or expenses that the Nondefaulting Party incurs in connection with any breach or default of the Defaulting Party under this Lease, whether or not suit is commenced or judgment entered. Such costs shall include legal fees and costs incurred for the negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if any action for breach of or to enforce the provisions of this Lease is commenced, the court in such action shall award to the party in whose favor a judgment is entered, a reasonable sum as attorneys’ fees and costs. The losing party in such action shall pay such attorneys’ fees and costs. Lessee shall also indemnify Lessor against and hold Lessor harmless from all costs, expenses, demands and liability Lessor may incur if Lessor becomes or is made a party to any claim or action (a) instituted by Lessee against any third party, or by any third party against Lessee, or by or against any person holding any interest under or using the Property by license of or agreement with Lessee; (b) for foreclosure of any lien for labor or material furnished to or for Lessee or such other person; (c) otherwise arising out of or resulting from any act or transaction of Lessee or such other person; or (d) necessary to protect Lessor’s interest under this Lease in a bankruptcy proceeding, or other proceeding under Title 11 of the United States Code, as amended. Lessee shall defend Lessor against any such claim or action at Lessee’s expense with counsel reasonably acceptable to Lessor or, at Lessor’s election, Lessee shall reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or action. Section 12.2 Lessor’s Consent: Lessee shall pay Lessor’s reasonable attorneys’ fees incurred in connection with Lessee’s request for Lessor’s consent under Article 9 (Assignment and Subletting), or in connection with any other act which Lessee proposes to do and which requires Lessor’s consent. ARTICLE 13. MISCELLANEOUS PROVISIONS Section 13.1 Non-Discrimination: Lessee promises, and it is a condition to the continuance of this Lease, that there will be no discrimination against, or segregation of, any person or group of persons on the basis of race, color, age, sex, sexual orientation, mental or physical disability, religion, creed, national origin or ancestry in the leasing, subleasing, transferring, occupancy, tenure or use of the Property or any portion thereof, unless exempted by applicable state or federal legislation or judicial or quasi- judicial decisions. Section 13.2 Lessor’s Liability; Certain Duties: (a) As used in this Lease, the term “Lessor” means only the current owner or owners of the fee title to the Property or Project or the leasehold estate under a ground lease of the Property or Project at the time in question. Each Lessor is obligated to perform the obligations of Lessor under this Lease only during the time such Lessor owns such interest or title. Any Lessor who transfers its title or interest is relieved of all liability with respect to the obligations of Lessor under this Lease to be performed on or after the date of transfer. However, each Lessor shall 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 37 of 121 deliver to its transferee all funds that Lessee previously paid if such funds have not yet been applied under the terms of this Lease. (b) Lessee shall give written notice of any failure by Lessor to perform any of its obligations under this Lease to Lessor and to any ground Lessor, mortgagee or beneficiary under any deed of trust encumbering the Property whose name and address have been furnished to Lessee in writing. Lessor shall not be in default under this Lease unless Lessor (or such ground Lessor, mortgagee or beneficiary) fails to cure such non-performance within thirty (30) days after receipt of Lessee’s notice. However, if such non-performance reasonably requires more than thirty (30) days to cure, Lessor shall not be in default if such cure is commenced within such thirty (30) day period and thereafter is diligently pursued to completion. Section 13.3 Severability: A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Lease, which shall remain in full force and effect. Section 13.4 Interpretation: The captions of the Articles or Sections of this Lease are to assist the parties in reading this Lease and are not a part of the terms or provisions of this Lease. Whenever required by the context of this Lease, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. In any provision relating to the conduct, acts or omissions of Lessee, the term “Lessee” shall include Lessee’s officers, agents, employees, contractors, invitees, successors or others using the Property with Lessee’s expressed or implied permission. In any provision relating to the conduct, acts or omissions of Lessor, the term “Lessor” shall include Lessor’s officers, agents, employees, contractors, invitees, successors or others using the Property with Lessor’s expressed or implied permission. Section 13.5 Incorporation of Prior Agreements; Modifications: This Lease is the only agreement between the parties pertaining to the lease of the Property and no other agreements are effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void. Section 13.6 Notices: All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid. Notices to Lessee shall be delivered to the address specified in Section 1.3. Notices to Lessor shall be delivered to the address specified in Section 1.2. All notices shall be effective upon delivery. Either party may change its notice address upon written notice to the other party. Section 13.7 Waivers: All waivers must be in writing and signed by the waiving party. Lessor’s failure to enforce any provision of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Lessor 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 38 of 121 from enforcing that provision or any other provision of this Lease in the future. No statement on a payment check from Lessee or in a letter accompanying a payment check shall be binding on Lessor. Lessor may, with or without notice to Lessee, negotiate such check without being bound to the conditions of such statement. Section 13.8 No Recordation: Lessee shall not record this Lease without prior written consent from Lessor. However, either Lessor or Lessee may require that a “Short Form” memorandum of this Lease executed by both parties be recorded. The party requiring such recording shall pay all transfer taxes and recording fees required to accomplish recordation. Section 13.9 Binding Effect; Choice of Law: This Lease binds any party who legally acquires any rights or interest in this Lease from Lessor or Lessee. However, Lessor shall have no obligation to Lessee’s successor unless the rights or interest of Lessee’s successor are acquired in accordance with the terms of this Lease. The laws of the State of Washington shall govern this Lease. Section 13.10 Entity Authority: If Lessee is an entity other than an individual or partnership, each person signing this Lease on behalf of Lessee represents and warrants that he has full authority to do so and that his Lease binds the entity. Within thirty (30) days after this Lease is signed, Lessee shall deliver to Lessor a certified copy of a resolution of Lessee’s Board of Directors or other governing body authorizing the execution of this Lease or other evidence of such authority reasonably acceptable to Lessor. If Lessee is a partnership, each person or entity signing this Lease for Lessee represents and warrants that he or it is a general partner of the partnership, that he or it has full authority to sign for the partnership and that this Lease binds the partnership and all general partners of the partnership. Lessee shall give written notice to Lessor of any general partner’s withdrawal or addition. Within thirty (30) days after this Lease is signed, Lessee shall deliver to Lessor a copy of Lessee’s recorded statement of partnership or certificate of limited partnership. Section 13.11 Joint and Several Liability: All parties signing this Lease as Lessee shall be jointly and severally liable for all obligations of Lessee. Section 13.12 Force Majeure: If Lessor cannot perform any of its obligations due to events beyond Lessor’s control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events beyond Lessor’s control. Such events include, but are not limited to, acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, government regulation or restriction, volcanic eruption, and weather conditions. Section 13.13 Execution of Lease: 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 39 of 121 This Lease may be executed in counterparts and, when all counterpart documents are executed, the counterparts shall constitute a single binding instrument. Lessor’s delivery of this Lease to Lessee shall not be deemed to be an offer to lease and shall not be binding upon either party until executed and delivered by both parties. Section 13.14 Survival: All representations and warranties of Lessor and Lessee shall survive the expiration or earl y termination of this Lease. ARTICLE 14. BROKERS Nothing contained in this Lease shall impose any obligation on Lessor to pay a commission or fee to any party. Lessee represents and warrants to Lessor that it has not engaged any broker, finder or other person who would be entitled to any commission or fees for the negotiation, execution, or delivery of this Lease. Lessee shall indemnify, defend, and hold harmless Lessor against any loss, cost, liability or expense incurred by Lessor as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Lessee. This Article shall not apply to brokers with whom Lessor has an express written brokerage agreement. ARTICLE 15. ACKNOWLEDGMENTS Lessor and Lessee have signed this Lease on the dates specified adjacent to their signatures below and have initialed all Exhibits and/or Riders which are attached to or incorporated by reference into this Lease. “LESSOR” “LESSEE” City of Renton Rain City Catering By _________________________ By: __________________________ Denis Law, Mayor Kenneth Rogers, Principal Date: ___________________, 2011 Date: ___________________, 2011 Attest: By ___________________________ Bonnie Walton, City Clerk 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 40 of 121 Pavilion Building Lease Exhibit “A” – Legal Description i EXHIBIT “A” LEGAL DESCRIPTION Lots 2, 3, 16, 17 and 18, Block 2, Motor Line Addition to Renton, according to the plat thereof recorded in Volume 9 of Plats, Page 150, Records of King County, Washington. All situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 41 of 121 Pavilion Building Lease Exhibit “B” – Project Site Plan i EXHIBIT “B” PROJECT SITE PLAN Pavilion Building Site Plan: 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 42 of 121 Pavilion Building Lease Exhibit “B” – Project Site Plan ii Vicinity Map with the Pavilion Building and Common Exterior Areas (including the Piazza Park on the south side of the Pavilion Building and the public parking lot, Renton Transit Center and City Center Parking Garage on the north side of the Pavilion Building): 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 43 of 121 Pavilion Building Lease Exhibit “B” – Project Site Plan iii Pavilion Building Square Footage Data: 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 44 of 121 Pavilion Building Lease Exhibit “C” – Floor Load Rating Specifications i EXHIBIT “C” FLOOR LOAD RATING SPECIFICATIONS The stringerless load ratings in the following InterfaceAR TecCrete Panel specifications sheet apply to the Pavilion Building floor. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 45 of 121 Pavilion Building Lease Exhibit “C” – Floor Load Rating Specifications ii 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 46 of 121 Pavilion Building Lease Exhibit “D” – Buy-Out Schedule i 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 47 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule i EXHIBIT “D” MAINTENANCE SCHEDULE Lessee shall provide all equipment and cleaning supplies, including, but not limited to: paper products (toilet paper, seat covers, sanitary napkins/tampons, paper towels), sani-fresh soap, air fresheners, and light bulbs. Lessee shall submit samples of all materials and supplies to the City for approval before use. I. CUSTODIAL General Building Specifications A. Daily Services (if building occupied): 1. Empty waste receptacles and dispose of waste daily and recycling 1-2 times per week. 2. Replace liners. 3. Spot clean work surfaces for spillages and stains. 4. Arrange furniture in a neat and orderly manner. 5. Vacuum all carpeted areas and spot clean as needed. 6. Spot clean walls around light switches and doorframes. 7. Sweep and damp mop hard surface floors where applicable. 8. Clean entry area and entry area windows and doors. B. Weekly Service 1. Dust window ledges and other horizontal surfaces within reach. 2. Dust and clean accessible surfaces. Use glass cleaner where applicable. 3. Change light bulbs as needed, (to be provided by contracted firm). 4. All telephones to be sanitized clean including public pay phone. C. Monthly Services: 1. Vacuum heating and air return vents. 2. Detail vacuum corners and edges of carpeted areas. 3. Perform dusting of high and low ledges and surfaces. 4. Walls to be spot cleaned and dusted. Restrooms Specifications A. Daily Services (if building occupied or restrooms utilized) 1. Dust mop and sweep floor surface. 2. Damp mop floor surfaces with pH neutral disinfectant cleaner. 3. Empty and clean all waste containers, including sanitary napkin receptacles, and replace liners. 4. Check and refill all dispensers; paper towels, toilet tissue, seat covers and hand soap. (All paper products, hand soap and air fresheners furnished by Lessee.) 5. Clean and polish mirrors and dispensers. 6. Clean counters, washbasins and soap dispensers. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 48 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule ii 7. Clean and sanitize toilets, toilet seats and urinals. 8. Clean and polish chrome fixtures. 9. Clean walls around sinks, towel dispensers, urinals, partitions and doorframes. 10. Change light bulbs as needed. 11. Fill sanitary napkin/tampon dispensers. B. Monthly Services 1. Wipe down walls not done daily. 2. Vacuum air vents. 3. Machine scrub floors. 4. Dust tops of partitions, mirrors and frames. C. Annual Services (once per year) 1. Re-seal concrete floors, unless the floor is carpeted or the existing seal is deemed adequate by Lessor. Common Area Lobbies/Hallways Specifications A. Daily Service (if building occupied) 1. Empty and reline waste receptacles (interior and exterior). 2. Spot clean entry door glass. 3. Sanitize and polish drinking fountain. 4. Vacuum carpeted areas in lobbies daily and spot clean as needed. 5. Police and dispose of litter and debris in entranceways. 6. Change light bulbs as needed, (to be supplied b y Lessee). B. Annual Service (once per year) 1. Extraction clean all carpeted areas. 2. Carpet-protector application to cleaned carpet. 3. Vinyl floors stripped and waxed. II. MECHANICAL See the following schedules. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 49 of 121 P a v i l i o n B u i l d i n g L e a s e E x h i b i t “E ” – M a i n t e n a n c e S c h e d u l e i i i T A G # E Q U I P M E N T T Y P E D E S C R I P T I O N P R E V E N T A T I V E M A I N T E N A N C E S C H E D U L E J A N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C P -0 1 H o t W a t e r P u m p H e a t i n g W a t e r P u m p O P O P P -0 2 H o t W a t e r P u m p H e a t i n g W a t e r P u m p O P O P P -0 3 P u m p C i r c u l a t i o n D o m e s t i c R e c i r c u l a t i o n P u m p O P O P P -0 4 C h i l l e d W a t e r P u m p C h i l l e d W a t e r P u m p O P O P P -0 5 C o n d e n s e r W a t e r P u m p C o n d e n s e r W a t e r P u m p O P O P P -0 6 P u m p P r e h e a t C o i l P u m p O P O P P -0 7 P u m p P r e h e a t C o i l P u m p O P O P E X T -0 1 E x p a n s i o n T a n k B l a d d e r E x p a n s i o n T a n k O P O P E X T -0 3 E x p a n s i o n T a n k B l a d d e r E x p a n s i o n T a n k O P O P E X T -0 4 E x p a n s i o n T a n k B l a d d e r E x p a n s i o n T a n k O P O P E X T -0 5 E x p a n s i o n T a n k B l a d d e r E x p a n s i o n T a n k O P O P B -0 1 B o i l e r G a s O i l C o n d e n s i n g F i r e T u b e B o i l e r O P A N O P O P D H W T -0 1 W a t e r H e a t e r W a t e r H e a t e r O P A N O P O P H X -0 1 H e a t E x c h a n g e r P l a t e H e a t E x c h a n g e r A N H X -0 2 H e a t E x c h a n g e r P l a t e H e a t E x c h a n g e r A N 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 50 of 121 P a v i l i o n B u i l d i n g L e a s e E x h i b i t “E ” – M a i n t e n a n c e S c h e d u l e i v T A G # E Q U I P M E N T T Y P E D E S C R I P T I O N P R E V E N T A T I V E M A I N T E N A N C E S C H E D U L E J A N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C E F -0 1 E x h a u s t F a n E x h a u s t F a n O P O P O P O P E F -0 2 E x h a u s t F a n E x h a u s t F a n O P O P O P O P E F -0 3 E x h a u s t F a n E x h a u s t F a n O P O P O P O P E F -0 4 E x h a u s t F a n E x h a u s t F a n O P O P O P O P E F -0 5 E x h a u s t F a n E x h a u s t F a n O P O P O P O P U H -0 1 H e a t e r U n i t H e a t e r O P O P U H -0 2 H e a t e r U n i t H e a t e r O P O P U H -0 3 H e a t e r U n i t H e a t e r O P O P U H -0 4 H e a t e r U n i t H e a t e r O P O P U H -0 5 H e a t e r U n i t H e a t e r O P O P U H -0 6 H e a t e r U n i t H e a t e r O P O P U H -0 7 H e a t e r U n i t H e a t e r O P O P U H -0 8 H e a t e r U n i t H e a t e r O P O P E H -0 1 H e a t e r U n i t H e a t e r O P O P B B -0 1 H e a t e r U n i t H e a t e r O P O P P R C -0 1 H e a t i n g C o i l H e a t i n g C o i l O P O P P R C -0 2 H e a t i n g C o i l H e a t i n g C o i l O P O P C H -0 1 C h i l l e r C h i l l e r A N O P O P O P C T -0 1 C o o l i n g T o w e r C o o l i n g T o w e r A N O P O P O P 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 51 of 121 P a v i l i o n B u i l d i n g L e a s e E x h i b i t “E ” – M a i n t e n a n c e S c h e d u l e v T A G # E Q U I P M E N T T Y P E D E S C R I P T I O N P R E V E N T A T I V E M A I N T E N A N C E S C H E D U L E J A N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C F B -0 1 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 2 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 3 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 4 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 5 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 6 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 7 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 8 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P F B -0 9 V A V B o x V A V B o x F a n P o w e r e d O P O P O P O P A H U -0 1 A i r H a n d l e r A i r H a n d l i n g U n i t O P O P O P O P A H U -0 2 A i r H a n d l e r A i r H a n d l i n g U n i t O P O P O P O P S F -0 1 -1 S u p p l y F a n S u p p l y F a n O P O P O P O P R F -0 1 -1 R e t u r n F a n R e t u r n F a n O P O P O P O P S F -0 2 -1 S u p p l y F a n S u p p l y F a n O P O P O P O P R F -0 2 -1 R e t u r n F a n R e t u r n F a n O P O P O P O P S T -0 1 S t r a i n e r 0 A N V F D -0 1 V a r i a b l e F r e q u e n c y D r i v e V a r i a b l e F r e q u e n c y D r i v e O P O P O P O P V F D -0 2 V a r i a b l e F r e q u e n c y D r i v e V a r i a b l e F r e q u e n c y D r i v e O P O P O P O P 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 52 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule vi Preventative Maintenance Schedule - Key to Abbreviations Abbreviations Full Description MJ Major Inspection MI Minor Inspection AN Annual Inspection OP Operational Inspection FC Filter Change Only CC Coil Cleaning BRG Bearing Analysis VIB Vibration Analysis MCA Motor Circuit Analysis US Ultrasonic Survey REF Refrigerant Analysis OC Oil Change OIL Oil Analysis LS Laser Shaft Alignment LP Laser Pulley Alignment EDD Eddy Current Analysis BC Belt Change 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 53 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule vii Chiller Scroll – Water Cooled Minor Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify operation Document performance & deficiencies Performance Record runtime and start counts Check and record evaporator pressure Check and record evaporator water temps. Check and record chilled water temps. Check refrigerant charge Check and record superheat/subcooling Check and record condenser pressure Check and record condenser temperatures Check dry eye and record color Condition Monitoring Check for improper vibration Safeties Check pressure switches for leaks Check pressure relief valves Electrical Check for loose or burnt wiring Check all contacts for wear or pitting Check starter contacts Check all electrical connections Check amperages and voltages Controls Check all terminations in control panel Exercise controls where possible Check cabinets for debris Drive Motors Check all hold down bolts Check motor fan Check and record SPM Check end bells for dirt or debris Drive Components Check sheaves for wear and alignment Check long coupling alignment Lube coupling as needed Check coupling for looseness or wear Check drive belt for wear Evaporator Check for leaks Record pressures/temperatures Check expansion valve Compressor Check and record oil pressure Check and record oil level Check for leaks Check starter/contactor for wear and pitting Check amperage for wear and pitting Check crankcase heater operation Inspect siteglass for leaks Lubrication Lube motor bearings as required Lube solid coupling as required Housekeeping Wipe off excess lubricants Clean up work area Optional Tasks Calibrate system pressure gauges Calibrate system electrical gauges Open and inspect evaporative tubes Eddy current tubes Check internal interlocks Open and inspect condenser tubes Brush condenser tubes * Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 54 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule viii Chiller Scroll – Water Cooled Major Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify operation Document performance & deficiencies Performance Record runtime and start counts Check and record oil temperature Check and record oil pressure Check and record evaporator pressure Check and record evaporator water temps. Check and record condenser pressure Check and record condenser temperatures Check dry eye and record color Check and record chilled water temps. Check refrigerant charge Check and record superheat/subcooling Condition Monitoring Check for improper vibration Safeties Check and test all safety controls Check pressure switches for leaks Check pressure relief valves Electrical Check for loose or burnt wiring Check all contacts for wear or pitting Check starter contacts Check and torque all electrical connections Check and calibrate over loads Record overload trip amps and trip times Check amperages Drive Components Check sheaves for wear and alignment Lube coupling as needed Check long coupling alignment Check coupling for looseness or wear Check drive belts for wear Evaporator Check liquid line filter/dryer Check for leaks Check expansion valve Check cleanliness Record pressures/temperatures Compressor Check and record oil pressure Check and record oil level Change oil filter Inspect oil filter Clean oil return line strainer Check for leaks Check starter/contactor for wear and pitting Check and record volts/amps Check crankcase heater operation Inspect siteglass for leaks Megger compressor motor and record Lubrication Take oil sample for analysis Lube motor bearings Check and record oil pump volts/amps Megger oil pumps and record Housekeeping Wipe off excess lubricants Clean up work area Controls Check all termination in control panels Exercise controls Check cabinets for debris 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 55 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule ix Chiller Scroll – Water Cooled Major Inspection Preventative Maintenance Task List* Drive Motors Check all hold down bolts Check end bells for dirt or debris Check motor fan Optional Tasks Calibrate system pressure gauges Calibrate system electrical gauges Clean coils Check internal interlocks Open and inspect evaporator tubes Change oil based on analysis Open and inspect condenser tubes Brush condenser tubes * Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 56 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule x Fan Supply Minor Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify operation of unit Note any abnormal vibration or noise Safeties Check for loose or burn wiring Controls Check all terminations in control panel Drive Motor Check for dirt & debris around end bell Check motor cooling fan Check motor mounting fasteners Check bearings for wear and end play Check motor mounting bracket Drive Components Check sheaves for wear Fan Check for correct fan rotation during wind down Check fan for obstructions or debris Check fan blades for cracks Check fan blades for dirt build-up Check fan to housing clearances Check rain guard Lubrication Lubricate motor and fan bearing General Maintenance Check for corrosion Housekeeping Wipe off any excess lubricant Clean up work area *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 57 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xi Fan Supply Major Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify operation of unit Note any abnormal vibration or noise Performance Check & record motor amps Check fan speed Safeties Check for loose or burn wiring Check all trip points Electrical Check electrical contacts for wear or pitting Check and tighten electrical connections Controls Check all terminations in control panels Exercise controls Drive Motor Check for dirt & debris around end bell Check motor cooling fan Check motor mounting fasteners Check bearings for wear and end play Check motor mounting bracket Drive Components Check sheaves for wear Check sheave set screws Check drive belts for wear & cracking Check sheave alignment Check belt guard alignment Check bearing for wear and end play Fan Check for correct fan rotation during wind down Check fan for obstructions or debris Check fan blades for cracks Check fan blades for dirt build-up Check fan to housing clearances Check & tighten bearing collar set screws Check rain guard Lubrication Lubricate motor and fan bearings General Maintenance Check for corrosion Housekeeping Wipe off any excess lubricants Clean up work area *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 58 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xii Boiler Gas/Oil Annual Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Overview Verify overall operation Check water level devices Check boiler pressure Check pressure relief valve Inspect sacrificial anode Perform blowdown Electrical Check operating voltage Check contactors Check Hi Temp/Hi Pressure cutout Check function of step controller Check fuses and their blocks Check wiring Tighten connections Take amperage readings Plumbing Visually inspect for water leaks Visually inspect valves Clean feedwater strainers Check sightglasses Gas Check for gas leaks Check flame quality and orifices Check ignition operation Check for soot Assure fuel shutoff Check gas pressure regulator Check induced draft operation Clean combustion chamber Check blower static pressure *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 59 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xiii Boiler Gas/Oil Operational Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Overview Verify overall operation Check water level devices Check boiler pressure Check pressure relief valve Inspect sacrificial anode Perform blowdown Electrical Check operating voltage Check contactors Check Hi Temp/Hi Pressure cutout Check function of step controller Check fuses and their blocks Check wiring Tighten connections Take amperage readings Plumbing Visually inspect for water leaks Visually inspect valves Clean feedwater strainers Check sightglasses Gas Check for gas leaks Check flame quality and orifices Check ignition operation Check for soot Assure fuel shutoff Check gas pressure regulator Check induced draft operation Check blower static pressure *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 60 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xiv Water Heater Gas Annual Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify overall operation Performance Drain several gallons from tank to remove sediment Check water temperature Safeties Check for loose or burn wiring Check trip all trip points Electrical Check electrical contacts for wear & pitting Check and tighten electrical connections Burner Check ignition system Check burners Check flame quality Check for CO traces Check flu Thermostat Check operation with amp meter Pressure Relief Valve Check valve operation Check for leaks Check for corrosion General Maintenance Check for water leaks Check for corrosion Operational Tasks Check sacrificial anode Check pressure relief valve *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 61 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xv Water Heater Gas Operational Inspection Preventative Maintenance Task List Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Inspection Verify overall operation Performance Drain several gallons from tank to remove sediment Check water temperature Safeties Check for loose or burn wiring Check trip all trip points Electrical Check electrical contacts for wear & pitting Check and tighten electrical connections Burner Check ignition system Check burners Check flame quality Check for CO traces Check flu Thermostat Check operation with amp meter Pressure Relief Valve Check valve operation Check for leaks Check for corrosion General Maintenance Check for water leaks Check for corrosion Operational Tasks Check sacrificial anode Check pressure relief valve *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 62 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xvi Air Handler with Coils Minor Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment & lock out Document work done during inspection Check out with site contact Operational Overview Note current outside air temp and weather conditions Verify overall operation Note any abnormal vibration or noise Indoor Coils Note cleanliness of coil Check for refrigerant leaks Check for condensate pan and drain Check for water leaks Controls Check all terminations in control panel Economizer Section Check for dirt accumulation Return Fan Section Inspect bearings for excessive wear and end play Number and size of belts Inspect fan blade Verify proper operation of fans Lubricate fan and motor Supply Fan Section Inspect bearings for excessive wear and end play Number and size of belts Inspect fan blade Verify proper operation of fans Lubricate fan and motor Exhaust Fan Section Inspect bearings for excessive wear and end play Number and size of belts Inspect Fan blade Verify proper operating of fans Lubricate fan and motor Filter Section Note filter condition Change filters per schedule Note condition of outside air filters/screens *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 63 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xvii Air Handler with Coils Major Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment and lock out Document work done during inspection Check out with site contact Operational Overview Note current outside air temp and weather conditions Verify overall operation Check/Record supply air temperature Check/Record return air temperature Check/Record system static pressure Note any abnormal vibration or noise Indoor Coils Note cleanliness of coil Record deltaP across coil Record detlaT across coils Check for refrigerant leaks Check for condensate pan and drain Check for water leaks Controls Check all terminations in control panel Exercise controls Check VFD/IGV Check safeties and trip points Check ambient controls Economizer Section Check for dirt accumulation Check for damper actuator and linkage operation Check and adjust minimum position Check operation of pressure relief dampers Return Fan Section Inspect bearings for excessive wear and end play Adjust pulleys and belts Number and size of belts Record operating volts Record operating amps Inspect fan blades Verify proper operation of fans Lubricate fan and motor Supply Fan Section Inspect bearings for excessive wear and end play Adjust pulleys and belts Number and size of belts Record operating volts Record operating amps Inspect fan blade Verify proper operation of fans Lubricate fan and motor Exhaust Fan Section Inspect bearings for excessive wear and end play Adjust pulleys and belts Number and size of belts Record operating volts Record operating amps Inspect fan blade Verify proper operation of fans Lubricate fan and motor Filter Section Note filter condition Change filters per schedule Note condition of outside air filters/screens *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 64 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xviii Fan Exhaust Dome Major Inspection Preventative Maintenance Task List* Site Visit Baseline Check-in with site contact person Check for safe equipment access Isolate equipment and lock out Document work done during inspection Check out with site contact Operational Inspection Verify operation of unit Note any abnormal vibration or noise Performance Check and record motor amps Check fan speed Safeties Check for loose or burnt wiring Check all trip points Electrical Check electrical contacts for wear and pitting Check and tighten electrical connections Controls Check all terminations in control panels Exercise controls Drive Motor Check for dirt and debris around end bell Check motor cooling fan Check motor mounting fasteners Check bearings for wear and end play Check motor mounting brackets Drive Components Check sheaves for wear Check sheaves set screws Check drive belts for wear and cracking Check sheave alignment Check belt guard alignment Check bearings for wear and end play Inspect bearings for excessive wear and end play Fan Check for correct fan rotation during wind down Check fan for obstructions or debris Check fan blades for cracks Check fan blades for dirt build-up Check fan to housing clearance Check and tighten bearing collar set screw Check rain guard Lubrication Lubricate motor and fan bearing General Maintenance Check for corrosion Housekeeping Wipe off any excess lubricants Clean work area *Not all tasks are applicable to all equipment 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 65 of 121 Pavilion Building Lease Exhibit “E” – Maintenance Schedule xix Miscellaneous Inspection Preventative Maintenance Task List Six-Month Inspection and Preventative Maintenance * Roll Up Doors Annual Inspection and Preventative Maintenance * Storefront and standard access doors, hardware and locking mechanisms * Roof system Annual Inspection * Backflow prevention value 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 66 of 121 C:\Users\prenner\Desktop\IssuePaperRCCatLease.doc 8/3/10 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:January 11, 2011 TO:Terri Briere, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext 6605 SUBJECT:Pavilion Lease Assignment to Rain City Catering Issue: Should the Council authorize the Mayor and the City Clerk to sign a one-year Lease Assignment with Rain City Catering to operate the Pavilion as an event center while staff reviews other long range operational opportunities? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Assignment. Background: ·In July of 2005, the City signed a Lease (LAG-05-002) with the Spirit of Washington Inc., to operate the Pavilion Building as an event center. The lease included specific targets for annual event totals, a graduated rent structure, and a revenue sharing formula. ·Catering was operated from the commercial kitchen at the BNSF Renton Depot, which was predominantly being used to provide food for the Dinner Train. ·The Dinner Train ceased operating from Renton in the summer of 2007, when BNSF did not renew the lease of their track to Woodinville with the Sprit of Washington Inc. ·After a brief and failed attempt to operate the Dinner Train out of Tacoma, the Spirit of Washington discontinued train operations altogether and laid off the balance of their staff, with the exception of two event center marketing personnel. ·These operational changes eliminated the synergies for event center operations at about the same time that the economy changed. As a result, the operator failed to make the targeted number of events, the size of the events declined, and the operator was fell behind the payment schedule. ·In late 2010, one of the Spirit of Washington principals, Eric Temple, met with the Mayor and City staff and announced his intention to discontinue his operation of the Spirit of Washington entirely. City staff continues to work with Mr. Temple 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 67 of 121 Addressee Name Page 2 of 3 Date of Memo c:\users\prenner\desktop\issuepaperrccatlease.doc to recover as much of the back rents and fees as possible, and to retain those assets that support ongoing event center operation. ·For some months prior to this announcement, the Spirit of Washington had been subcontracting the catering portion of the business to Rain City Catering. Customer satisfaction with this portion of the operation was high. ·Rain City Catering (RCC) is a well-established catering operation, with business connections with Safeco Field, many professional athlete-related non-profits, and some high-profile Seattle and Redmond businesses. Their references are very strong. ·A proposal was put forth to allow RCC to continue operating the Event Center for a period of time. This proposal has some significant advantages over the immediate alternatives: o Avoiding sudden cancellations of annual and pre-booked events, which would have a defamatory effect on the reputation of the Pavilion. The event marketers from Spirit of Washington are now working for RCC. o Continuity of operations allows City staff time to issue a Request for Proposal for Pavilion Building uses, to evaluate those submissions, to provide an alternative business plan for City operation of amalgamated public facilities, and to make recommendations for Council consideration. o If the decision is made to continue operation of the Pavilion Building as an event center, this can be accomplished in a timely manner. This is an important factor because of the lead time necessary to market and book events. o Continuous operation of the Event Center will provide revenue to the City and prevent vandalism. o We have an opportunity to simplify the terms of the existing Lease and enhance the City’s use of the space. ·Business terms of the Lease Assignment include: o Rents at the inception level of the original lease, namely $0.00 for the first six months, and $1,000.00 per month for the final six months. o The elimination of the revenue sharing differential between room rental and food and other catering services. The differential provisions created confusion for the customers. The percentage will be 15% across the board. o Insurance requirement remain the same. o The Lessee shall continue to perform the simple equipment maintenance tasks, but the Facilities Division will accept responsibility for more complex technical tasks, such as boiler and chiller annual preventive maintenance and continuous boiler and chiller water chemistry maintenance, and DDC upgrades. We have also assumed payment of the electrical utility for the Pavilion to insure stability. ·It should also be noted that the representative from the BNSF’s contracted real estate manager has provided assurances for continuity of use of the commercial kitchen at the Depot for Rain City Catering. 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 68 of 121 Addressee Name Page 3 of 3 Date of Memo c:\users\prenner\desktop\issuepaperrccatlease.doc Conclusion: Approving this Lease Assignment creates good will with clients that previously booked events for 2011 with the Spirit of Washington, allows for productive use of this significant City asset, provides cash flow for the operation of the City’s Leased Properties Fund 108 and provides an opportunity to reevaluate the future use of the Pavilion Building. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Krisi Rowland, Senior Finance Analyst Larry Warren, City Attorney 7d. ‐ Community Services Department recommends approval of  assignment of the Pavilion Building Lease, LAG‐05‐002, to Rain City Page 69 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Renewing professional services agreement with Cayce & Grove for Public Defense Services Meeting: Regular Council - 24 Jan 2011 Exhibits: Contract Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, Assistant CAO x6526 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $369,224 Transfer Amendment: $ Amount Budgeted: $ $369,224 Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Renton contracts with Cayce & Grove, LLC for public defense services for those indigent defendants charged in Renton Municipal Court and the firm has recently completed a three-year contract which expired in December, 2010. The City recently adopted public defense standards for the delivery of public defense services, standards which will improve the provision of adequate representation of defendants, and may allow Renton to qualify for application for grants for these services. The implementation of standards necessitated a revision of the agreement to align the sections about coverage of cases by attorneys, number of cases per attorney, structure of compensation, and withdrawal section with the newly-adopted standards. A renewal of this agreement is proposed through the year 2012 and an RFP process will be conducted that year for competitive bid of these services. There are some public defense recoupments (totalling approximately $110,000 annually) that are imposed at sentencing which partially offset the general fund costs of these services. The 2011 budget envisioned the implementation of financial screening for defendants prior to public defense appointment in an effort to control costs, which will require a small contract with an individual who can determine whether a defendant can contribute financially to the costs of defense, and will require the cooperation of the municipal court judge and court. STAFF RECOMMENDATION: Approve the contract with Cayce & Grove, LLC for public defense services and authorize the Mayor and City Clerk to sign the agreement. 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 70 of 121 DRAFT DRAFT AGREEMENT FOR SERVICES This agreement is being entered into this day of , 2011, by and between the City of Renton, a municipal corporation hereinafter referred to as City, and Cayce & Grove, LLC, hereinafter referred to as Cayce & Grove, in consideration of the mutual benefits, terms and conditions herein after specified. 1)Term. The term of this Agreement shall be for two years from the date the Agreement is signed; subject, however, to the Section entitled “Termination.” 2)Duties and Responsibilities a)Representational Services, defined as: i)Lawyer services and appropriate support staff services; investigation and appropriate sentencing advocacy and referral to social work services; and legal services, including but not limited to interviews of clients and potential witnesses; legal research; preparation and filing of pleadings; issuance of subpoenas (but not personal service of process); negotiations with the appropriate prosecutor and court regarding possible dispositions; in-custody hearings prior to appointment (regardless of whether the hearing results in appointment); and preparation for and appearance at all court proceedings for defendants who have the public defender appointed by the Renton Municipal Court to represent them. The Public Defender is expected to: (1)Be available for contact by assigned defendants within one business day after assignment (2)Be available to appear in Renton Municipal Court with in-custody defendants within 24 hours of booking into the Renton jail facility on Renton Municipal Court Charges (not including weekend days and City holidays). (3)Provide to the Court, the Renton Police Department and the City Jail Administrator telephone number(s) where (s)he can be reached for “critical stage” advice to defendants charged with a misdemeanor or gross misdemeanor during the police investigation and arrest processes. ii)Counseling with defendants when appointed as public defender by the Renton Municipal Court. It is the City of Renton’s responsibility to furnish attorney-client meeting space for Cayce & Grove. iii)Interviews, research, request and review of discovery, preparation for trial, consultation with agencies or experts, drafting of pleadings or other work essential to providing ordinary legal representation for defendants from receipt of Order Appointing Public Defender. iv)If the defendant being represented remains incarcerated, Cayce & Grove agrees to conduct such in-person interviews as may be necessary at the South Correctional Entity (SCORE). v)All appeals by Cayce & Grove of municipal court decisions to superior court or other state or federal appellate courts of cases handled at the trial level by Cayce & Grove. 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 71 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 2 of 7 December 28, 2010 vi)Attendance at regularly scheduled roundtable meetings unless excused by the City’s Chief Administrative Officer, as convened to monitor workload and costs, and improve City services and court operations. b)Coverage. Cayce & Grove is expected to provide attorney services for appointed clients at the following Renton Municipal Court events: jail calendar daily Monday through Friday; 30 minutes prior to court proceedings starting on arraignment calendar , available to consult with defendants charged in Renton Municipal Court with a crime, and available for follow-up in office hours. Motion/trial calendar three days per week; readiness calendar one day per week; review calendar one day per week; and jury trials as scheduled weekly. c)Supplemental Services, defined as: i)All appeals of municipal court decisions to superior court or other state or federal appellate courts of cases by City or not handled at the trial level by Cayce & Grove. City shall reimburse transcript preparation and other reasonable costs associated with such appeals. ii)Provision of extraordinarily complex or numerous public defense matters, but only upon the prior authorization for such supplemental services. Extraordinary complexity may be determined by the City’s Chief Administrative Officer upon written request by Cayce & Grove. Fees for extraordinary complexity shall be mutually agreed upon by Cayce & Grove and City. If no agreement can be reached, the provisions in the “Method of Compensation” section shall control. d)Withdrawal of Public Defender i)Cayce & Grove’s representation of indigent defendants, and obligation under this contract ceases at the time of withdrawal or substitution. ii)Cayce & Grove will withdraw, subject to order of the court at the time of client’s failure to appear or at sentencing or other final order such as deferral or continuance for dismissal. Cayce & Grove may withdraw at other times appropriate under Professional Rules. e)Services Not Included i)Cayce & Grove will respond to Driving Under the Influence (DUI) in-custody telephone calls during regular business hours only and shall not be obliged with reference to any other defendant-generated calls prior to their assignment as counsel in the given case. An additional fee of thirty-five dollars ($35.00) per DUI call shall be paid by the City when such daytime DUI in-custody calls exceed five per month. For defendants already assigned to Cayce & Grove and in custody, reasonable and necessary telephone access acceptance of collect calls will be provided by Cayce & Grove. ii)Cayce & Grove will have no general obligation to appear at arraignments, bail 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 72 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 3 of 7 December 28, 2010 hearings, or public defender appointment procedures unless the defendant is currently appointed to Cayce & Grove on the charge that requires the defendant’s appearance. If future court rules require the public defender’s appearances at these proceedings, the City and Cayce & Grove will re-negotiate the compensation for additional appearances. 3)Method of Compensation a)Cayce & Grove will be compensated for representational services at $150 per appointed cause number, and supplemental services as designated in Section 2.b, above. If the appointed caseload exceeds 4,500 in a calendar year, the City and Cayce & Grove will discuss and negotiate the method of compensation. An appointment is expected to address defendant matters through arraignment, plea or motions, trial and adjudication. Courtesy (jail) calendar visits (which may consist of review hearings, sentencings, bail hearings, and arraignments) are considered the equivalent of one-third of a case and may be billed to the City beginning in January 2012. b)The parties have worked together to adopt the City’s public defense standards (RMC 3-1-7) and to estimate changes in demand for public defense due to annexations and other drivers of cost. As the City works to meet adopted standards, the re-evaluation of the method of compensation may be necessary. If the parties do not agree on the method of compensation, the City will publish a request for proposals from any interested and qualified law firms. Cayce & Grove will then be allowed to match the lowest responsive and qualified bid. c)Supplemental Legal Services. All supplemental legal services will be performed only upon authorization by the City through the City’s Chief Administrative Officer. Compensation for supplemental legal services will be at the prevailing rate for services provided by attorneys of comparable experience. However, the basis of compensation may be some other hourly rate, as agreed upon and shall be determined on the same basis as fees for prosecution for the same matters. d)Expense Reimbursement. In addition to the compensation above, reimbursement will be made by City for normal out-of-pocket expenditures when made as part of the Public Defender’s function to consist primarily of costs of service, long distance telephone calls, collect calls, facsimile transmissions, and travel outside the city of Renton. City shall provide Cayce & Grove a current city code and amendments to be returned upon termination of this contract. City shall provide discoverable material at no cost to Cayce & Grove, including abstract of driving record. Expert witnesses will be paid by City upon prior approval by the Chief Administrative Officer for the appointment of an expert witness pursuant to CrRLJ 3.2 (f). e)Conflict Attorneys i)Cayce & Grove shall maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as possible. This identification is controlled 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 73 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 4 of 7 December 28, 2010 in part by the receipt of the discovery by the city attorney’s office. Optimally, to avoid delays in court and well as attorney guidance, discovery should be provided along with the notice of appointment. ii)When Cayce & Grove determines they have been appointed to represent a defendant whom they cannot represent because of a conflict of interest; who is currently facing charges and could subsequently become a witness for the City on a separate charge; or due to other professional rules of conduct resulting in ineligibility; Cayce & Grove must notify the court and request withdrawal from the assignment. iii)The defendant shall then be referred to the court for reassignment to an attorney contracting with the City to provide Public Defender Services in conflict situations at no cost to Cayce & Grove. Such attorney will be compensated according to his or her agreement with City. No payment will be made to Cayce & Grove for work they performed on cases subsequently identified as conflicts. 4)Designation of Responsible Attorney a)The attorney with overall responsibility for legal services under this Agreement shall be Tricia R. Grove of Cayce & Grove. Other attorneys working for Cayce & Grove may be assigned to work on legal matters if properly licensed and insured at the direction of Cayce & Grove. b)The responsible attorney shall: i)Oversee training, supervision, monitoring, and evaluation of attorneys. ii)Provide staff and support services as necessary to enable the effective provision of legal services. iii)Limit Private Practice. Attorneys responsible for performing services under this contract will limit his or her private practice to the number of hours that will not conflict with this contract. Assigned attorneys from Cayce & Grove shall each year provide a listing of hours billed for nonpublic defense legal services, including number and types of private cases. iv)Ensure Qualified Attorneys. All attorneys employed by Cayce & Grove performing services under this contract must be licensed to practice law in good standing and without historic reprimand, suspension or disbarment under rules and rulings of the State of Washington Supreme Court. v)Provide Training. The public defender shall take training approved by OPD, including at least seven hours per year of continuing legal education (CLE) credits related to criminal defense. vi)Dispose of Client Complaints. Client complaints shall not be a basis for referral of a client to the “conflicts” attorney. Client complaints will be referred to the attorney who will make his or her best reasonable effort to resolve the complaint and then move the court for leave to withdraw, refer the dispute to Cayce & Grove, or refer the dispute to an appropriate agency for settlement. vii)Report Activities. To accompany invoices for payment, Cayce & Grove shall submit to the City’s Chief Administrative Officer monthly reports showing the number of appointed cases during the month for which payment is requested; defendant’s name 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 74 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 5 of 7 December 28, 2010 and case number; number of conflict cases and their reconciliation with appointments; courtesy calendar visits; cases closed; and appeals including their status. (1)Cases returned to the Court due to ineligibility for Public Defender services, and those returned for assignment to a conflict attorney must be shown on the report, but will not be treated as part of Cayce & Grove’s caseload. (2)Invoices for general and supplemental services shall include sufficient detail to meet all auditor requirements but shall not violate any client confidentialities. 5)Indemnification. Cayce & Grove shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from legal malpractice, civil rights violations, injury or death to persons, including injuries, sickness, disease or death to Cayce & Grove’s own employees, or damage to property occasioned by a negligent act, omission or failure of Cayce & Grove. 6)Insurance a)Cayce & Grove shall secure and maintain in force throughout the duration of this contract: Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 per occurrence, $2,000,000 / aggregate and for personal injury and property damage; Automobile Liability in the amount of $1,000,000 per occurrence; and Professional Liability insurance in the amount of $1,000,000. b)The City shall be named as a Primary & Non-contributory additional insured on the Commercial General Liability insurance policy with respect to work performed by Cayce & Grove for, or on behalf of, the City. Cayce & Grove shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. Certificates of Insurance evidencing Cayce & Grove’s insurance coverage, with a copy of the endorsement naming the City as a Primary & Non-contributory additional insured on the general liability policy, shall be delivered to the City within 15 days of executing this agreement. 7)Compliance with Laws. Cayce & Grove shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this agreement. 8)Discrimination Prohibited. Cayce & Grove, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and retention of employees or procurement of materials or supplies. 9)Independent Contractor. Cayce & Grove and the City agree that Cayce & Grove is an independent contractor with respect to the services provided under this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 75 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 6 of 7 December 28, 2010 between the parties hereto. Neither Cayce & Grove nor any employee of Cayce & Grove shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. 10)Assignment. Cayce & Grove shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 11)Non-Waiver. Waiver of any provision of this agreement, or any time limitation provided for in this agreement by the City shall not constitute a waiver of any other provision. 12)Termination. This Agreement shall remain in full force and effect for calendar years 2011 and 2012 with opportunity for extension in additional two-year increments. This Agreement may be terminated for material breach of contract by either party upon notice and opportunity to come into compliance with the contract by either party upon giving the other party not less than one (1) year’s notice of termination. This Agreement may be terminated notwithstanding the terms of this paragraph, should Cayce & Grove be dissolved as a law firm. Cayce & Grove’ obligation to represent indigent defendants appointed to public defender will cease at the point of termination and the subsequent public defender will be substituted immediately. CITY OF RENTON By Denis Law Mayor, City of Renton 1055 South Grady Way, 7th Floor Renton, WA 98057 (425) 430-6500 FAX: (425) 430-6523 CAYCE & GROVE LLC By: Tricia R. Grove Mailing Address City State Zip ( ) Telephone Number ( ) FAX Number ATTEST: By:_____________________________ Bonnie I. Walton City Clerk APPROVED AS TO FORM: 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 76 of 121 DRAFT Agreement: City of Renton and Cayce & Grove DRAFT For Public Defense Services Page 7 of 7 December 28, 2010 __________________________________ Lawrence J. Warren City Attorney 7e. ‐ Executive Department recommends approval of a two‐year contract  in the amount of $369,224 with Cayce & Grove, LLC for public defender Page 77 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Utility Leak Adjustment - Nick Sciola Meeting: Regular Council - 24 Jan 2011 Exhibits: Issue Paper Leak Adjustment Request/Documentation Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Elloyce Sumpter, Utility Billing Supervisor Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $3,265.60 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Nick Sciola, non-residential property owner, is requesting a water leak adjustment in the amount of $3,265.60 for the billing period of September 2010 at the service address of 17750 West Valley Highway. The leak that was detected was a 2" water main crack under the northwest corner of the building. STAFF RECOMMENDATION: Grant the leak adjustment in the amount of $3,265.60. 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 78 of 121 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:January 14, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Iwen Wang, Administrator SUBJECT:Utility Bill Adjustment Request – Nick Sciola ISSUE Should an adjustment of $3,265.60 be made to Nick Sciola (Account #006469-000) at the service address of 17750 West Valley Highway as a result of a water leak? RECOMMENDATION Staff recommends approval of the adjustment in the amount of $3,265.60 in accordance with Ordinance #5210. BACKGROUND Finance received a request for a leak adjustment from Nick Sciola, non-residential property owner, at the service address of 17750 West Valley Highway. Attached is his written request and documentation of the leaks along with the utility billing history. Fox Plumbing and Heating repaired the broken water line (see attached invoices). The requested adjustment covers the billing period during the month of September 2010 and breaks down as follows: Water $ 975.07 Sewer 689.70 Metro 1,600.83 Total $3,265.60 Ordinance #5210 provides that any adjustment will be submitted to the Finance Committee for approval on accounts greater than $2,000. Cc: Jay Covington, CAO Marty Wine, Assistant CAO Lys Hornsby, Utility Systems Director Elloyce Sumpter, Utility Billing Supervisor 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 79 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 80 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 81 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 82 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 83 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 84 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 85 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 86 of 121 7f. ‐ Finance and Information Technology Department submits request  from Nick Sciola for a utility bill adjustment due to a water leak and  Page 87 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: King County Basic Life Support (BLS) Contract January 1 - December 31, 2011 Meeting: Regular Council - 24 Jan 2011 Exhibits: King County Contract #D39144D Amendment #4 Amendment Exhibit B - 2011 EMS Proposed Budget Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Erik Wallgren, Deputy Chief/7084 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ NA Transfer Amendment: $NA Amount Budgeted: $ $950,921.00 Revenue Generated: $$868,873.00 Total Project Budget: $ NA City Share Total Project: $ NA SUMMARY OF ACTION: The 2009-2013 King County Basic Life Support (BLS) 2011 Amendment #4 to the Contract for Services from Seattle-King County Department of Public Health EMS provides a subsidy for the combined City of Renton, Fire District #25 and Fire District #40 EMS services. These services include equipment, supplies, salaries, training and transport of patients to local hospitals. This one-year subsidy Amendment #4 is effective from January 1, 2011 to December 31, 2011. The combined annual amount of $1,173,302.00 (City of Renton - $868,873.00; KCFD #25 - $102,934.00; KCFD #40 - $201,495,000 is based on the 2011 BLS funding formula (calculations include unincorported ratios, assessed valuation (AV) amounts, and call volume amounts). The City will be paid the total amount and the two District contracts will be reduced by their portion in 2011. This distribution of funding is the annual entitlement of the 2008-2013 King County Levy funded from Real Property Taxes. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the King County Basic Life Support Services 2011 Contract Amendment #4. 7g. ‐ Fire and Emergency Services Department recommends approval of  Amendment #4 to CAG‐09‐081, to accept $1,173,302 from King County Page 88 of 121 7g. ‐ Fire and Emergency Services Department recommends approval of  Amendment #4 to CAG‐09‐081, to accept $1,173,302 from King County Page 89 of 121 7g. ‐ Fire and Emergency Services Department recommends approval of  Amendment #4 to CAG‐09‐081, to accept $1,173,302 from King County Page 90 of 121 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: SW 27th St/Strander Blvd Connection Project -- Obligation of Construction Funds -- Supplement No. 6 Meeting: Regular Council - 24 Jan 2011 Exhibits: Issue Paper Local Agency Agreement Supplement No. 6 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Juliana Fries, Program Development Coordinator, Extension 7232 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ $13,000,000 (2010)Revenue Generated: $$4,600,000 Total Project Budget: $ $29,992,453 City Share Total Project: $ SUMMARY OF ACTION: The SW 27th St/Strander Boulevard Connection project was awarded a $4,600,000 federal grant under the Surface Transportation Program (STP) Regional Competition in 2006. A 13.5 percent match is required and will be attained with funding from Sound Transit. The grant funding will be utilized to construct the BNSF underpass and temporary access to the Sounder Station. No City funds have been budgeted for this project. STAFF RECOMMENDATION: Approve Supplement No. 6 with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish construction of this project and authorize the Mayor and City Clerk to sign. 7h. ‐ Transportation Systems Division recommends approval of  Supplemental Agreement No. 6 to CAG‐00‐045, with the Washington Page 91 of 121 7h. ‐ Transportation Systems Division recommends approval of  Supplemental Agreement No. 6 to CAG‐00‐045, with the Washington Page 92 of 121 Washington State Department of Transportation Local Agency Agreement Supplement Agency City of Renton Federal Aid Project Number STPUL-STPD-FMSIB-1276 (004) Agreement Number LA 5541 Supplement Number 6 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on June 12,2009 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: Project Description Name SW 27th St/Strander Blvd Connection Length 0.6 mile Termini West Valley Highway to Oakesdale Ave SW Description of Work E3 No Change Reason for Supplement Obligate Surface Transportation Project (SIT) funds for construction. Does this change require additional Right of Way < Type of Work P^ a. Aqencv 0/,° b Other Consultant c. Other Federal Aid P-irtir-imtinn State Ratio for PE e. Total PE Cost Estimate (a+b+c+d) Right of Way f.Aaencv /0 g Other Federal Aid . _.. D .. . h. Other Participation Ratio for RW i- State |. Total R/W Cost Estimate (f+g+h+i) Construction k contract 1 Other Consultant m. Other n. Other 13.5 % 0.Aaencv Federal Aid Ratio for CN q. Total CN Cost Estimate (k-H-nmfi-K>+p) r. Total Proiect Cost Estimate (e-H-m) or Easements? • Yes IE! No Estimate of Funding (D Previous Agreement/Suppl. <?>ee V ^ 2,534,297.00 2.534.297.00 (2) Supplement l7v1 ,-A* \& 5,318,000.00 5,318,000.00 5.318.000.00 (3) Estimated Total Proiect Funds c 2,534,297.00 5,318,000.00 5,318,000.00 7.852.297.00 (4) Estimated Agency Funds 831,470.00 718,000.00 718,000.00 1.549.470.00 (5) Estimated Federal Funds 1,702,827.00 4,600,000.00 4,600,000.00 6.302.827.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation By Title By Director of Highways and Local Programs Date Executed DOT Form 140-041 EF Revised 1/2007 7h. ‐ Transportation Systems Division recommends approval of  Supplemental Agreement No. 6 to CAG‐00‐045, with the Washington Page 93 of 121 Attachment Agency: City of Renton Federal Aid Project Number: STPUL-STPD-FMSIB-1276(004) Supplement Number: 6 Agreement Number LA 5541 Project Name: Strander Boulevard/SW 27th St Type of Work PE a. Agency b. Other Consultant c. Other Consultant d.FMSIB d. State e. Total PE Cost Estimate (a+b+c+c.1+d) R/W f. Agency g. Other Consultant h. Other Consultant i. State j. Total R/W Cost Estimate (a+b+c+c.1+d) Construction k.Contract I. Other % m. Other Federal Aid n. Other Participation n.LFMSlB Ration for CN o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+n.1+o+p) r. Total Project Cost Estimate (e+j+q) Estimate of Funding (1) Previous Agreement/Suppl. 19,000.00 958,851.00 846,446.00 700,000.00 10,000.00 2,534,297.00 2,534,297.00 (2) Supplement 5,318,000.00 5,318,000.00 5,318,000.00 (3) Estimated Total Project Funds 19,000.00 958,851.00 846,446.00 700,000.00 10,000.00 2,534,297.00 5,318,000.00 5,318,000.00 7,852,297.00 (4) Estimated Agency Funds 1,350.00 129,445.00 0.00 700,000.00 675.00 831,470.00 718,000.00 718,000.00 1,549,470.00 (5) Estimated Federal Funds 17,650.00 829,406.00 846,446.00 9,325.00 1,702,827.00 4,600,000.00 4,600,000.00 6,302,827.00 H:\Division.s\TRANSPOR.TAT\PLANNING\Juliana\Strander\WSDOT\Obligation_AttachmentSupplement6.xls 7h. ‐ Transportation Systems Division recommends approval of  Supplemental Agreement No. 6 to CAG‐00‐045, with the Washington Page 94 of 121 L a. § § § g §§ '.gsas 8§ S§ •;«§§ §: Sa .5 '5B'Sfg" 8888888 88 . 8 H 8 8 & s a § & a g 3 g Pll s a 8.§ :s-s 8 w iQ rC S8 8 8' "T . 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Mi i$' T&l 11 S!il I Ill's ¥i!f:,f "oil Wwwwwtw'z^^ i F* ;s kv t s £ 5.a 52* I S e • a s P p St 5 5 8 S'e1^ ? 3 S t!:x!H g sis • i S fi S^S S .Sft -ig;S§S|a fSuI.i.t; * B g * * « W.-.o. u, S.3,a.a 0 a.*.*, , ,0 1= "!IliuII-;?^l!lI eg b SIS .a < £ § :d:|i I 3; • ;u: 2 ig;S d gio.fg < piS; ,E,ap:Si; • ^!- -" -2 O- M: ~ ~ si SiSI I ' Jl-B 8; II ,:g.. Is:' IS z Cm. 1 (g.B 0:2i§!o iiii.|:s 6 p 5i*-s §1 !|!§' ^ »A VV <A vy ^> H • s. •t '«i!wl«wW '|M<« ! 9 ;!S:gHM;g iBS ° Infill I1 'big • i. .. p.ui-ib o a'. .3.0. N' s 7h. ‐ Transportation Systems Division recommends approval of  Supplemental Agreement No. 6 to CAG‐00‐045, with the Washington Page 95 of 121 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2, CIVIL PENALTIES, AND SUBSECTION 1-3-5M, PENALTIES, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), SECTIONS 8-1-4, UNLAWFUL STORAGE, DEPOSIT, DISPOSAL, SCAVENGING AND HAULING OF SOLID WASTE, AND 8-1-7, VIOLATIONS OF THIS CHAPTER AND PENALTIES, OF CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH AND SANITATION), SECTIONS 9-8- 8, HAZARDOUS CONDITIONS ON PUBLIC STREET RIGHT-OF-WAY, AND 9-8-11, PENALTY, OF CHAPTER 8, SIDEWALK CONSTRUCTION, 9-10-1, PERMISSION REQUIRED, AND 9-10-12, VIOLATIONS AND PENALTIES, OF CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING THE REGULATIONS REGARDING CIVIL ENFORCEMENT OF THE RENTON MUNICIPAL CODE, DECLARING CERTAIN VIOLATIONS A MISDEMEANOR, PROVIDING FOR CIVIL MONETARY PENALTIES, RESERVING SECTION 8-1-7 AND DELETING SECTIONS 9-8-11 AND 9-10-12. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 1-3-2, Civil Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and shall be replaced with the following language: 1-3-2 CODE ENFORCEMENT AND PENALTIES: A. Purpose: To protect and promote the health, safety, sanitation and aesthetics in the City of Renton by providing, in normal circumstances, an expedited and cost-effective process to address code violations, provide for prompt hearings and decisions, and for the collection of appropriate penalties, costs, and fees. 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 96 of 121 ORDINANCE NO. h Code Violations: Violations of RMC Chapters 4-2 (Zoning Districts - Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts, except as it relates to Adult Retail and Entertainment, Critical Area, and Shoreline Master Program Regulations), 4-4 (City-Wide Property Development Standards), 4-5 (Building and Fire Prevention Standards, except as it relates to multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits - Specific), 4-10 (Legal Nonconforming Structures, Uses and Lots), 5-5 (Business Licenses), 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 code violations under this Section. 1L Pursuant to RCW 7.80.010(5), the City elects to establish a non- judicial hearing and determination system to enforce RMC civil code violations. 3. Not a Basis for Liability: This Code does not create or imply any duty upon the City or any of its officers, employees or volunteers that may be construed to be the basis of civil or criminal liability on the part of the City, its officers, employees, agents or volunteers, for any injury, loss, or damage resulting from any action or inaction on their part. 4. RMC 4-5 Multi-family Building Violations Exception: Any person who commits a violation of the standards adopted in RMC Chapter 4-5 for a multi- family residential building shall be guilty of a misdemeanor as set forth in Section 1-3-1. B. Definitions: 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 97 of 121 ORDINANCE NO. L "Administrator" shall mean the Administrator of the Department of Community and Economic Development or his or her designee or the designee of the Mayor and/or the City Council of the City of Renton. 2. "Civil penalty" if mentioned in any code, ordinance or regulation of the City, or Section thereof, shall be deemed to have the same meaning as the term "monetary penalty", as used in this Chapter. 3^ "Code Compliance Inspector" (CCI) means any City of Renton employee or City of Renton designee who is directed, authorized, or responsible for finding, responding to, evaluating or considering violations and/or alleged violations to this Section of the Code, and/or similar or related Sections of this Code. 4_! "Cost" includes and is not limited to the recovery of reasonable legal fees and costs (including but not limited to any legal personnel costs, filing fees, travel costs, etc.), administrative personnel costs, abatement costs (including but not limited to filing fees, truck rental fees, hiring or contracting fees, overtime costs, etc.), actual expenses and costs, and reimbursement for any and all expenses related to the code enforcement process. Each day that a violation exists shall constitute a separate violation subject to separate costs. 5. "Finding of Violation" means that after issuing a Warning of Violation, the CCI or other authorized personnel has found that the condition or violation still exists and that a Violator has been found to have committed a RMC civil code violation. The CCI shall inform the Violator of: 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 98 of 121 ORDINANCE NO. a. The relevant details that form the basis of the violation, b. The section or sections of the RMC that have been violated, c. The time in which the violation must be corrected, d. The fine amount for the violation, and e. Any Violator who wants a hearing to challenge the Finding of Violation, may have a hearing before the Administrator at Renton City Hall, in a place to be determined, if appropriate, not less than seven (7) days and not more than twenty (20) days after the serving of the Finding of Violation. The Finding of Violation is deemed final unless a Violator requests a hearing before the Administrator under the process detailed in Subsection G, Opportunity for Hearing. 6. "Penalties" are any monetary recovery or reimbursement including, but are not limited to fees and/or assessments. Penalties shall accrue for each day or portion thereof that each violation occurs. A Violator may be responsible for multiple penalties for each violation- Each day that a violation exists shall constitute a separate violation subject to separate penalties. 7. "Possessor of property", means the owner or the person who has been granted, given, or through a commercial or financial transaction with the owner or owner's agent, actual or apparent, control over the property where a condition is alleged, believed or found to exist, including but not limited to a house sitter, lessee, renter, or tenant. 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 99 of 121 ORDINANCE NO. 8. "Service", means posting either personally or by certified mail, with return receipt requested, upon all persons having any interest in the property where the violation exists, as shown upon the records of the King County Assessor's Office; or shall post in a conspicuous place on such property, a Warning and/or Finding of Violation stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use, or what condition at such dwelling, building, structure or premises violates this Code. Service by mail is complete upon deposit to the postal service. If the whereabouts of any person having any interest in the property where the violation exists is unknown and the same cannot be ascertained by the CCI, in the exercise of reasonable diligence, and the CCI makes an affidavit to that effect, then the serving of such Warning and/or Finding of Violation or order upon the persons having any interest in the property where the violation exists may be made either by personal service or by mailing a copy of the Warning and/or Finding of Violation or order by certified mail, postage prepaid, return receipt requested, to each person having any interest in the property where the violation exists at the address of the building involved in the proceedings, and mailing a copy of Warning and/or Finding of Violation or order by first-class mail to any address of each person shown as the tax paver of record in the records of the King County Assessor at the address shown in such records. The City may serve a Violator by electronic transmission, by commercial parcel delivery or by posting on the property in a conspicuous place and mailing 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 100 of 121 ORDINANCE NO. a copy to the last known address for persons having any interest in the property where the violation exists. Service on the owner(s) of real property shall be deemed completed upon mailing to the taxpayer of record at the taxpayer's listed address in the records of the King County Assessor's Office. 9i "Violation", is a location, property, structure or condition that is inconsistent with the intent of the Code and/or endangers the health, sanitation or safety of the residents, neighborhood or the community. Each day that a violation exists shall constitute a separate violation subject to separate costs and/or penalties, though multiple violations at one location or by a Violator should be heard jointly for administrative and fiscal economy- Violations include but are not limited to: a. Working without a permit. b. Working outside the scope of a permit. c. Any violation listed under subsection 1-3-2A.1. d. Zoning violations and/or prohibited uses under RMC 4-2. A Violator has the duty to provide written notice of any efforts or steps taken to alleviate, mitigate or correct a violation. 10. "Violator", is any person(s), including but not limited to the possessor and/or owner of property, any person(s) having any interest in the property, and/or the property possessor or owner's agent for property where a RMC civil code violation exists or is alleged to exist, and/or any person(s) who has received notice of a Warning of Violation and/or a Finding of Violation. 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 101 of 121 ORDINANCE NO. 11. "Warning of Violation", is an oral or written warning that provides notice to a Violator that the CCI has found, seen or discovered a RMC civil code violation that a Violator has created, permitted to exist, maintained or failed to eliminate. An oral Warning of Violation should be promptly memorialized. C Authority and Voluntary Compliance: L When a CCI learns of, sees, or finds a RMC civil code violation, if appropriate in their judgment and experience, the CCI may: a. Issue a Warning of Violation and ask for immediate voluntary compliance, or b. Agree to a schedule for compliance that is no longer than seven (7) days from the issuance of the Warning of Violation; and If such compliance cannot reasonably be completed within seven (7) days, then it must be initiated within seven (7) days and completed, within a reasonable period of time as determined by the CCI. Z The Administrator or the CCI has the authority to modify, or rescind the Warning of Violation, based on good cause, such as the elimination of the violation or the finding that another person or people were the Violator. 3. The City may move forward against more than one Violator. 4, If a Violator fails or is unable to eliminate the violation within that period of time, and if the violation is deemed by the CCI to warrant further enforcement, the CCI may issue as many Findings of Violations as there are violations. Each day that a violation exists shall constitute a separate and 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 102 of 121 ORDINANCE NO. actionable violation, though each violation should be heard jointly for administrative and fiscal economy. D. Voluntary Correction Agreement: 1. When the City determines that a violation has occurred, the City may enter into a voluntary correction agreement with any Violator. 2. The Administrator will be responsible for maintaining a procedure to manage an expedited voluntary compliance process, and for creating a voluntary correction agreement form or document that must contain, at a minimum: a. All of the relevant information identifying the Violator(s); b. The violation location(s); c Details about the violation(s); d. What must be done to eliminate the violation(s); e. How long the Violator(s) has to eliminate the violation(s); t Whether there have been any prior violations involving the Violator(s) in the City in the last ten (10) years; g. A signed right of entry to inspect until the violation has been eliminated, and/or correct or abate the property if the voluntary correction agreement is not satisfied; and h. The minimum amount of civil penalties owned at the point the agreement is entered. i. In bold print, that if the voluntary correction agreement is not satisfied, the City may, without any additional notice or hearing, impose any 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 103 of 121 ORDINANCE NO. remedy authorized by this Chapter: order the abatement of the violation by the Violator(s). or the City's employees or agents: assess any abatement, investigation, enforcement costs to the Violator(s) and against the property. j. The Violator(s) may request a hearing to challenge the computation of the costs and/or penalties, and/or the Violator(s) may ask for a hearing to ask for mitigation of the costs and/or penalties. k. If there are multiple requests for a hearing, those hearings may be consolidated if the Administrator finds it reasonable to do so. L The Administrator shall have the same authority as is noted in Subsection L Scope of Authority, and the hearing shall be governed by the provisions of Subsection G, Opportunity for a Hearing. 3. As a condition to entering into a voluntary correction agreement, a Violator expressly waives the right to a hearing, or any other review to challenge the Finding of Violation, except as noted in RMC 1-3-2D.2.J. as the Violator concedes that any violation is a civil code violation under the Renton Municipal Code, and that the City has the right to use any lawful means provided by this Code or applicable state or municipal law to investigate, enforce and eliminate the violation. 4. The voluntary correction agreement acts as a stay of the accrual of costs and/or penalties, but they will accrue, backdated to the date of the voluntary correction agreement, if a Violator fails to eliminate the violation in accordance with the voluntary correction agreement. 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 104 of 121 ORDINANCE NO. 5. The voluntary correction agreement must be in writing and signed by at least one Violator and any disagreement between Violators shall be addressed between the Violators, and if necessary, in judicial hearings without requiring the participation or presence of the City of Renton. 6. If a Violator is unable or unwilling to eliminate the violation immediately, then a voluntary correction agreement is not appropriate. ~L A voluntary correction agreement is not a settlement agreement. 8. The Administrator may grant an extension to a Violator, only if the Violator has taken prompt and substantial steps to eliminate the violation. 9. The Administrator may use whatever type of voluntary correction agreement form as is appropriate in his or her judgment to mitigate and ultimately eliminate the violation. The Administrator or designee may modify the voluntary correction agreement form on an individual case basis as needed to best respond to the facts, circumstances and conditions of a violation. E. Finding of Violation: When a CCI finds a RMC civil code violation, the CCI shall provide the Violator(s) with a Finding of Violation. 1. When a CCI finds a RMC civil code violation, the CCI shall provide the Violator(s) with a Warning of Violation. 2. If that Warning of Violation does not result in a correction of a violation by immediate voluntary compliance, or compliance pursuant to a Voluntary Correction Agreement, the CCI shall provide the Violator(s) with a Finding of Violation. 10 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 105 of 121 ORDINANCE NO. The Finding of Violation is deemed final unless the Violator requests a hearing before the Administrator under the process detailed in Subsection G, Opportunity for Hearing. 3. It shall be the responsibility of the Violator(s) found responsible for a violation to completely eliminate the violation and to achieve complete civil code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and bringing the property into compliance to the extent reasonably possible under the circumstances. The payment of any cost and/or penalty shall be made to the City of Renton Department of Finance and Information Technology. It is the responsibility of the Violator(s) to provide the Administrator or CCI with proof the payment of any costs and/or penalties, as is appropriate. 4. The Violator(s) found to be responsible for a RMC civil code violation pursuant to a Finding of Violation shall be liable for the payment of any costs and/or penalties. Payment is due within thirty (30) days of the date on the Finding of Violation, or within fifteen (15) days after a hearing confirming the Finding of Violation. 5. If the Violator fails to satisfy one (1) or more term(s) of the voluntary correction agreement, after a Finding of Violation, the City may, without notice or further hearings, order the abatement of the violation by the Violator(s), or by 11 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 106 of 121 ORDINANCE NO. City employees or agents and assess any other costs related to the investigation, enforcement and resolution of this process to the Violator(s) and/or against the property. a. The City, without a hearing, may suspend, revoke or modify any valid permit or license issued by the City if or when it reasonably believes: L That a Violator knows, or reasonably should know, of a violation, but the Violator continues to violate the permit or license or exacerbate a violation, and the CCI makes a finding of an imminent threat or substantial threat to safety, health, or welfare of others, property of others or City property including, but not limited to, utilities such as water and sewage. H. That a Violator misrepresented any material or significant fact in applying for a permit or license. b. The City, without a hearing, may deny a request for a permit or license or to renew a permit or license when it reasonably believes that without a valid permit or license a Violator knows or knew of, or reasonably should know or should have known, of a violation, but continues to work, operate, or exacerbate a violation without a valid permit or license. c Any revocation, suspension, modification or denial of a permit or license under this Section shall allow the person who possessed or sought the relevant permit or license and had the permit or license revoked, suspended, modified or denied an opportunity for a hearing in a manner detailed in Subsections G and H below. 12 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 107 of 121 ORDINANCE NO. F. Service: Service of the Warning and/or the Finding of Violation is proper bv any means noted in Subsection 1-3-2B.8. The City may serve each Violator and/or persons having any claim against the title or contractual interest in the violation property. G. Opportunity for a Hearing: To further the purpose noted above, while providing due process, and unless RMC 1-3-2D.3 applies, a Violator may request a hearing before the Administrator to raise any challenge to the Finding of Violation, the application of the code and/or to challenge or mitigate the costs and/or penalties. L The opportunity for a hearing is available for each violation and penalty imposed for multiple violations at one (1) site or at multiple sites by one (1) or more Violators. The scope of hearing is limited to the conditions of the property at the time the violation was found. Relitigation of previously imposed costs and/or penalties is prohibited. 2. The Administrator shall decide whether that opportunity to be heard will be only in writing or in person, or both. The City is not required to call witnesses to testify at the hearing. 3. The Finding of Violation, if signed and dated by the CCI shall be deemed admissible evidence to prove the violation. If the Administrator finds a violation after reviewing the Finding of Violation, then the burden of persuasion shall shift to the Violator(s) to show bv a preponderance of the evidence that a violation has not occurred. 13 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 108 of 121 ORDINANCE NO. 4. Any person having violated a voluntary correction agreement under RMC 1-3-2D shall be deemed to have admitted the violation covered by the agreement. 5. If the owner and the possessor of the property are not the same, and if the owner fails to respond in writing or fails to appear at an oral hearing after service of the Finding of Violation, there is a presumption that the owner has given the Violator(s) the authority to act as his/her agent for purposes of the hearing or that the owner has chosen not to participate. H. Timing of a Hearing: If a Violator and/or persons having any claim against the title or contractual interest in the property where the violation exists wishes to challenge a Finding of Violation, or to challenge or mitigate the costs and/or penalties, that Violator and/or persons having any claim against the title or contractual interest in the property where the violation exists shall submit a written request for a hearing within ten (10) business days of the date of the Finding of Violation. The Administrator shall set the date of the hearing within ten (10) business days of the received request for a hearing. The decision shall be entered and mailed or posted no later than fourteen (14) days after the City received the written request for a hearing. I. Preponderance of Evidence Standard: The Administrator shall determine bv a preponderance of the evidence whether there is a violation of this Code, if the costs and/or penalties should be mitigated, or that a violation exists that must be corrected after considering a Violator's oral and/or written argument(s). 14 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 109 of 121 ORDINANCE NO. The penalties shall be considered based on the nature of the offense, the impact on the neighbors, neighborhood, or community and the need to discourage such conduct, inactivity or neglect. J. Hearing Procedure: The Administrator may choose to hear the matter orally or based solely on the parties' written submissions. The Finding of Violation may satisfy the City's burden of production, but the City may submit additional written testimony. If the Administrator determines that the matter requires an in-person hearing, such a hearing may be scheduled, and appropriate and reasonable notice shall be provided to the CCI and Violator(s). K. Failure to Request, Submit or Appear at a Hearing: The failure to request, submit a written argument and/or appear at a hearing makes the Finding of Violation final. The Violator must pay any costs and/or penalties and eliminate the violation(s) within ten (10) days. A Violator or multiple Violators may withdraw their request for a hearing only if each Violator agrees, and only if it is withdrawn within five (5) days of making the request. Thev will not be charged the costs of the hearing if the request to withdraw their request is timely. An actual hearing or an untimely request to withdraw a request for a hearing mav result in the costs for a hearing if the Administrator deems it appropriate and can particularize or itemize or place value to the efforts of the CCI and/or Administrator. 15 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 110 of 121 ORDINANCE NO. L Scope of Authority: The Administrator may dismiss, confirm, or modify the Finding of Violation, after the aforementioned hearing, or after the Violator's failure to request and/or appear at the hearing requiring oral argument. L The Administrator's Authority: If the Administrator confirms the violation or modifies the Finding of Violation, the Administrator may: a^ Order the Violator(s) to abate the condition. The Administrator has the authority to set the time and manner in which the condition must be abated. The Administrator may order the property abated by persons working under the City's authority with costs assessed to the Violator(s). h When appropriate, enter into and/or approve a voluntary correction agreement. It is presumed to be inappropriate for a Violator to be able to enter into a second voluntary correction agreement if that Violator has already failed to comply with a voluntary correction agreement for the same violation. o Stay the accrual of costs and/or penalties, only upon an actual showing a Violator, acting in good faith, is unable to bring the condition into compliance within the required time. d. Assess costs and/or civil penalties when the Administrator confirms or modifies the Finding of Violation. & Order that work stop immediately if that work is inconsistent with a permit or license, has not been approved, is being done without a permit, or has not been inspected, or a Violator has refused a request to inspect. 16 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 111 of 121 ORDINANCE NO. f. Deny a permit or license application or revoke, modify or suspend any permit or license previously issued when a Violator has failed to comply with the terms of the permit or license or efforts to bring the condition or property into compliance, a Violator has exceeded the scope of work set forth in the permit or license, or if a Violator has failed to undertake the project in the manner set forth in the approved application. g. For persons with previous or multiple current violations, the Administrator may forward the new or multiple violations to the prosecutor for evaluation for prosecution consistent with Subsection P below. h. In order to enforce the Administrator's decision, the City may get an order from Superior Court to enter onto a Violator's property for the purpose of inspecting and/or abating the violation. Z Cost of Abatement: Where costs are assessed under this Code and a Violator fails to pay within the thirty (30)-day period, the CCI shall prepare a written itemized report to the Administrator showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. a. A copy of the report and a notice of the time and date when the report shall be reviewed by the Administrator shall be served on the Violator(s) at least five (5) days prior to the review by the Administrator, or verified as being previously provided to the Violator(s). A Violator may submit a 17 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 112 of 121 ORDINANCE NO. written explanation whvthe costs and/or penalties are unreasonable and should not be assessed. b. The Administrator shall review the report and such other information on the matter as it receives and deems relevant. The Administrator shall confirm or revise the amounts in the report, authorize collection of that amount or. in the case of a debt owed bv a Violator and/or property owner, and when permitted by state law, authorize the placement of an assessment lien on the property as provided herein. 3. Assessment Lien: Following the authorization bv the Administrator, the City Clerk shall cause to have filed a lien with the King County Auditor, which lien may be foreclosed pursuant to the laws of the State of Washington. The City may file an action to reduce the lien to a judgment. M. Other Remedies: The procedures noted above are not exclusive and they do not limit or prohibit the City from remedying, abating or mitigating any condition that falls under this Chapter by any other means authorized bv law or bv enforcing its findings, remedies, costs, and/or penalties by any means authorized bv law. The City will seek all costs, including attorney's fees, if it must appear in Superior Court to address a Violator's failure to abate the violation or failure to pay any costs and/or penalties. Unless otherwise precluded by law, the provisions of this Section may be used in lieu of or in addition to other enforcement provisions, including, but not limited to, other provisions in this 18 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 113 of 121 ORDINANCE NO. Code, the use of collection agencies, or other civil actions including but not limited to injunctions. N. Emergency: Nothing in this Section shall be read to mean, limit or prohibit the City from taking anv appropriate action when an emergency or dangerous or potentially dangerous location, property, structure or condition exists in the City. Not as a limitation, but for the purpose of clarification, the City may abate. declare unsafe or unfit, or some other appropriate action when: L A violation poses an immediate danger to safety, health, or welfare of the possessor of the property, occupants, neighbors, neighborhood, community. public utilities or the environment. The City shall assess costs and file a lien or seek a judgment, if such action is required. 2. If the Superior Court or court of competent jurisdiction decides, grants, and/or agrees that emergency action is warranted bv the City, the City shall seek costs if such action is required. O. Appeal: Decisions of the Administrator that are land use decisions as defined in RCW 36.70C may be appealed pursuant to RCW 36.70C as it currently exists or as it is amended in the future. 1. To appeal a decision that is not a land use decision, the Violator shall serve notice on the City and file with the Superior Court the appropriate petition or motion. 19 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 114 of 121 ORDINANCE NO. 2. Timeliness: Any appeal of the Administrator's decision must be filed and served within twenty-one (21) calendar days of the issuance of the decision. 3. Bar to Appeal: An appellate petition or motion is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served on the City. 4i The scope of any appeal is limited to the conditions of the property at the time the violation was found. Relitigation of previously imposed costs and/or penalties is prohibited. P. Penalties: The penalties shall be as so defined in Subsection 1-3-2B.6. 1. The minimum penalty for the first violation shall be five hundred dollars ($500), not including costs, or court costs, fees, and assessments. 2. The minimum penalty for the second violation of the same nature or a continuing violation shall be seven hundred fifty dollars ($750), not including costs, or court costs, fees, and assessments. 3i The minimum penalty for the third violation of the same nature or a continuing violation shall be one thousand dollars ($1,000), not including costs, or court costs, fees, and assessments. 4. After three (3) prior violations, whether they occurred at the same time or in succession, the fourth violation shall constitute a gross misdemeanor. The Administrator and/or CCI has the authority to submit the violations to the prosecutor for criminal prosecution as provided in RMC 1-3-3E. 20 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 115 of 121 ORDINANCE NO. a. The criminal offense shall be for failing to eliminate a violation after a Finding of Violation or after a confirmation or modification of a Finding of Violation. b. The prosecutor's burden is to prove beyond a reasonable doubt as to any Violator cited that in the City of Renton: i. The Violator has had three (3) prior violations under this Section of the Code; and ii. The prior convictions were within the last ten (10) years- Time served in jail is not excluded from the ten (10)- year period. c. If a Violator/Defendant is found guilty beyond a reasonable doubt, the Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. d. A Violator/Defendant shall not be eligible for Electronic Home Detention or any other alternative to jail time. e. A Violator/Defendant shall remain responsible for the RMC civil code violation penalties and/or any costs, not including the cost of prosecution. 5i The payment of a monetary penalty pursuant to this Section does not relieve a person of the duty to correct the violation as requested by the CCI or as ordered by the Administrator. The payment of a monetary penalty does not 21 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 116 of 121 ORDINANCE NO. prevent the City from asserting that the violation continues to exist or from asserting that a new violation has been found. 6. It shall be a misdemeanor to impede, delay, obstruct or interfere with the City's employees or agents designated to perform the abatement. Any physical efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing- Nothing in this Section is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. Q. Conflicts: In the event of a conflict between this and any other provision of this Code or City ordinance providing for a civil penalty, the more specific provision shall control. R. Remedies Are Not Exclusive: The remedies noted in this Section are not exclusive and may be used in conjunction with any other remedies provided or allowed under the Renton Municipal Code or the Revised Code of Washington. S. Severability: If any one (1) or more subsections or sentences of this Section are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Section and the same shall remain in full force and effect. SECTION II. Subsection 1-3-5M, Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and shall be replaced with the following language: 22 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 117 of 121 ORDINANCE NO. M. Penalties: It shall be unlawful for any person or persons to occupy or allowed to be occupied any dwelling, building, structure or premises ordered vacated under RMC 1-3-3 (Nuisances) or RMC 1-3-5 (Unfit Dwellings, Buildings and Structures). To prove a violation of this Section the prosecutor must prove beyond a reasonable doubt that: 1. A person or persons occupied or allowed to be occupied; 2. Any building, structure or premises; 3. In the City of Renton; 4. That had been ordered vacated under RMC 1-3-3 or RMC 1-3-5. An order that was made under the authority of or related to RMC 1-3-3 or RMC 1-3- 5. that was valid at the time of the violation, is sufficient to prove this element- It shall not be a defense that the order was subsequently rescinded, reversed, withdrawn or vacated. 5. Any person or persons having been found to have violated either of these Sections shall be guilty of a misdemeanor punishable pursuant to RMC 1-3- SECTION III. Section 8-1-4, Unlawful Storage, Deposit, Disposal, Scavenging and Hauling of Solid Waste, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection 8-1-40, to read as follows: O. Any violation of this Section shall be governed bv RMC 1-3-2. 23 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 118 of 121 ORDINANCE NO. SECTION IV. Section 8-1-7, Violations of This Chapter and Penalties, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8-1-7 VIOLATIONS OF THIS CHAPTER AND PENALTIES: A person violating any of the provisions of this Chapter shall bo guilty of a misdemeanor. Penalties for violations of any of the provisions of this Chapter shall bo in accord with RMC 13 1, as now worded or hereafter amended. Reserved. SECTION V. Section 9-8-8, Hazardous Conditions on Public Street Right-of-Way, of Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection 9-8-81, to read as follows: I. Any violation of this Section shall be governed by RMC 1-3-2. SECTION VI. Section 9-8-11, Penalty, of Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION VII. Section 9-10-1, Permission Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9-10-1 PERMISSION REQUIRED: It shall be unlawful for any person, firm, corporation or association to construct, cut up, dig up, undermine, break, excavate, tunnel or in any way 24 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 119 of 121 ORDINANCE NO. disturb or obstruct any street, alley or any street pavement, street curb, sidewalk, driveway or improvement in the City without first having obtained written permission as herein provided; provided, however, that in case of an emergency occurring outside the regular office hours whenever an immediate excavation may be necessary for the protection of life or private property, such matter shall be reported immediately to the Department of Community and Economic Development of the City, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business dav. Any violation of this Section shall be governed by RMC 1-3-2. SECTION VIM. Section 9-10-12, Violations and Penalties, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION IX. 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 25 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 120 of 121 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1650:l/ll/ll:scr Denis Law, Mayor 26 9a. ‐ Revised Civil Enforcement of Code regulations (Approved via  8/9/2010 Planning & Development Committee Report)Page 121 of 121