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HomeMy WebLinkAboutAgenda Packet for 01/25/2106 �` --,.. -°���� ciT�r oF � �� ' AGENDA City Council Regular Meeting 7:00 PM-Monday,January 25,2016 Council Chambers, 7th Floor,City Hall—1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Renton Heart Month- February 2016 4. SPECIAL PRESENTATION a) K-9 Unit Funding Grant Presentation b) Municipal Arts Commission Bravo Award Ceremony 5. PUBLIC HEARING a) Street Vacation Request: 200 Mill Street(Petitioner: City of Renton;VAC-15-004) 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed�ve minutes. • The first comment period is limited to 30 minutes. • The second comment period, later on the agenda, is unlimited in duration. • When recognized, please state your name&city of residence for the record. NOTICE to all participants: pursuant to state law, RCW 42.17A.555,campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting,is PROHIBITED. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion.Any item may be removed for further discussion if requested by a Councilmember. a) Approval of the Council Meeting minutes of 1/11/2016. Council Concur b) Mayor Law reappoints the following individuals to the Municipal Arts Commission with terms expiring on 12/31/2018: Mary Clymer, Evelyn Reingold, Ben Andrews,and Mitch Shepherd. Council Concur c) Mayor Law appoints Samantha Goerz-Granquist to the youth position on the Municipal Arts Commission for a term expiring on 12/31/2018. Refer to Community Services Committee d) Administrative Services Department submits a request for utility billing adjustments at Sunset View Apartments, and recommends approving adjustments in the total amount of $9,072.80. Refer to Finance Committee e) Community&Economic Development Department recommends adopting an ordinance revising RMC 6-27 to enable staff to immediately collect lost, stolen,or abandoned shopping carts, issue a$100 fine to the identified owner,and impound the cart for 14 days before selling or disposing the cart. Refer to Committee of the Whole f) Community&Economic Development Department recommends approval of the 2016 lodging tax funding allocations totaling$217,000, as recommended by the Lodging Tax Advisory Committee. Council Concur g) Community Services Department recommends approval of an amendment to the Communities in Schools of Renton (CISR) Lease (LAG-12-002)agreement for a rate of $7,615.56 per year. Council Concur h) Fire& Emergency Services Department reports that the 2016 Basic Life Support(BLS) annual allocation of funds is$1,281,368(City of Renton -$959,193; KCFD#25-$108,745; and KCFD#40-$213,430). None;Information Only i) Transportation Systems Division submits CAG-13-149,Work Order 19-14,800 Building Upgrades project, contractor Forma Construction Company;and requests approval of the project, and approval of the final pay estimate in the amount of$22,161.20. Council Concur j) Transportation Systems Division submits CAG-14-104,Citywide Safety Improvements project, contractor Pioneer Cable, Inc.;and requests approval of the project,and approval of the final pay estimate in the amount of$185,795.95. Council Concur k) Transportation Systems Division recommends approval of an Operating Permit and Agreement with Classic Helicopter Corporation for their sublease agreement for a portion of the 800 parcel with Rainier Flight Service, LLC.for the purpose of flight and ground school training, aerial tours,and aircraft maintenance consistent with the purposes authorized under Rainier Flight Service's lease agreement. Refer to Transportation (Aviation)Committee I) Transportation Systems Division recommends approval of an Operating Permit and Agreement with Pro-Flight Aviation Inc.for their sublease of the 750 parcel from Renton Gateway Center, LLC.for the purpose of operating a business at the airport that conducts business related to aircraft maintenance services,flight training,and aircraft fueling. Refer to Transportation (Aviation)Committee 9. UNFINI5HED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole:Sunset Area Redevelopment Latecomer Agreement* b} Finance Committee:Vouchers;Sewer Connection Backcharge Waiver Request for 3028 Ilwaco Ave. NE 10. RESOLUTIONS AND ORDINANCES L3rd+nance for frrst reading; aj Sunset Area Redevelopment Latecomer Agreement (See item 9.a.j 11. NEW BUSINESS (Includes Counci)Committee agenda topics;visit rentonwa.govjcityclerk far more information.} 12. AUDIENCE CC?MMENT5 13. ADJOURNMENT COMMITTEE �F THE WHO�E AGENDA {Preceding Counci( Meet+ng} 7th Fioor Conferencing Center January 25, 2016 Monday, 5:3Q p.m. Sunset Area Redevelopment Latecomer Agreement ( Economic Development Update Hearing assistance devices for use in the Cpuncil Chambers are available upon request to the City Clerk CiTY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCE55 CHANNEL 21 To view Council Meetings online,please visit rentanwa.govJcouncilmeetings . s i��v M #3. a): DenisLew � CITY OF � � Mayor � . n. - � . n Mayor's Office � s roc arna t�o n � `Y1�Fi.ereas,heart disease continues to be the leading cause of death in the United States and affects men and women of every age and race; and , `IN`lefeas,many people who have high blood pressure may go years without knowing it, which is why heart disease is called America's "Silent Killer';and `Y1��ierecls,the chance of developing coronary heart disease can be reduced'by taking simple steps to prevent�and control certain factors that p.ut people at greater risk; and - `Y1��1eTeus;the Renton Fire and Emergency Services Department supports its commitment to fightirig heart d'isease by promoting preveritative screenings and public education in�many of the city's diverse communities througho�t Renton;and � `YVFie1'eas,Renton Heart Month serves to increase public awareness of the importance of fighting.cardiovascular disease by developing good eating habits, being physically active, and taking advantage of preventative screenings; and � `Yl�`ieret7s,being aware�of the warning signs of a heart attack or stroke and knowing what to do , may help save a life, all Renton citizens are encouraged to learn how to perform • cardiopulmonary r.esuscitation (CPR)and use an automatic external defibrillator(AED); �ow, tfi.erefore,i, Denis Law, Mayor of the City of Renton, do.heceby proclaim February 2016 to be �,enton �Ceart �Vlonth and I encourage all citizens to increase their awareness of cardiovascular disease, detection, and prevention by participating in this important community risk reduction campaign. � In witness whereof, I have hereunto set my hand and caused the seal of � � � the City of Renton to be affixed this 25th day of January, 2016. � �i ; � . . � . � r . { D n�s tow, Mo"yor City of Renion, Washington , �. � . � , Renton City Hall . 1055 South Grady Way • Renton,Washington 98057 . rentonwa.gov, ' , �� __. , � �� � � _;� .�_� =�., �� � e _ . , �a�; �� -�� >.�v, � � �_._ ;t �� �� � r � �_, -_-- �_ ., e. �� � � '���� ��� � ������ �� ��� � ��� � �� � �� .� �. � �� �� � � � � � �� ��� / � � �,y�� � -� �� ,u, _. _ ... s Public H r " ea �ng n � Monday, Januar 25, 2016 Z Y o � � 'I � CITY OF � �J� �J� � ��a �� �.r _�_�.�� . _,t. �, �,_. �, , _. .,.s� -, �- o�, :. ..: _ ..., �' : ..:... � �' �'�� �:�. �� :� � � :>� ,, .� �,� „ 3 �. �� e �.� .. < . . � -.��,�� � � � � � � � � � _, ,,.�- ,..,� �� �. �, �o � ��" � � ..«t `-� �'a'�e.�,d� -a. a � � �1 a A,.�,� � i -1 ,.� .. � � e �a :. �� a .� } `��t ' "'^` p _ �.�� .e,�- .r� ,. � e�i 4 ! �.+. � #j i� ��"� �.'�' "�'F h�t � a�=' �tr k�. .� A. �' �x�i. .3�P �. . r'$.$� a: i n r . �roN.' 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' ,� �. � � . �. . �� ������� � ����� � �� � ~ � � � �� ������ ����� � ����� ��� ��������� �� ��� ��� ��� ������ `��� ���� �'�'" � . � +� ����. � n � z 0 � - rn � � � CITY OF � � • ------- en�on � AGEIVDA ITEM #8. a� ■�ri�'"�,. � � C1TY t�F �� �� � NI I N UTES City Council Regular Meeting 7:00 PM-Monday,lanuary 11,2016 Couneil Chambers,7th Flaar, City Nall—1055 S.Grady Way CALL TO ORDER AND PtEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council ta order at 7:00 PM and led the Pledge of Allegiance. RUtL CAIL Counc+lmembers i�rese»t: Councilmembers Abse»t: Armondo Pavone,Council President Pro Tem Randy Carman Ryan Mcirvin Ruth Perez Don Persson Ed Prince Caroi Ann Witschi MOVED BY PERSSON,SECONDED BY PAVONE,GOUNCUL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN.CARRIED.CARRIED. ApMINISTRATIVE STA�F PRESENT Denis Law, Mayor Jay Covington,Chief Administrative Officer Lawrence 1.Warren,City Attorney Megan Gregor, Deputy City Clerk Chip Vincent,Community& Ecanamic Development Administrator Gregg Zimmerman, Fublic Works Administrator lamie Thomas, Fiscai Services Director CommanderTracy Wilkinsan, Aolice Department January 11, 2016 REGULAR COUNCIL MEETING MINUTES 1 A GENDA ITEM #8. a) PROCLAMATION IUationa)Mentoring Manth-January 2Q16:A prodamatian by Mayor Law was read declaring January 2016 to be"Nationai Mentoring IVlonth" in the City of Renton in tribute ta the many dedicated individuals wha volunteer their time,campassion,and talents to mentor yaung people,and encouraged al!citizens to join in this special abservance and to consider giving back to the community as mentors.Community In Schools of Renton(CISR) Mentor Program Manager Mara Fiksdal accepted the proclamation with appreciation and gave a brief overview of the CISR mentaring program.Additionally,Chris Crome,a volunteer from the program, shared his positive experiences participating with CISR as a mentor. MOVED BY PRINCE,SECONDED BY PAVONE,COUNCIL ADQPT THE PROClAN1ATIQN AS READ.CARRIED. ADMINISTRATIVE REPt�RT Chief Adminis#rative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goais and work programs adopted as part of its business plan for 2015 and beyond. Items noted were: � Preventative street maintenance will cantinue to impact traffic and resuit in occasional street closures. • i.ocal residential street flooding can be prevented by monitoring catch basins near homes and keeping them clear af leaves and other debris.Street sweepers are dispatched daily ta clean up debris alang major arteria)s. During snow and ice events,sanders and snaw plows are dispatched to keep major arterials drivable. Da nat park or abandan vehicies within any portion af the traffic lanes.Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. • Two trees near the stadium at Liberty Park will be remaved by Davey Tree Expert Campany beginning on Wednesday,January 20, 2016. A recently completed Tree Risk Assessment Report identified the two trees and cancerns with public safety. AUOIENCE COMMENT • Dan Koch, Bellevue,as the Director of Electric operations at Puget Sound Energy(PSE), expressed appreciation to the City for partnering with PSE and provided a brief recap of the Energize Eastside Project and explained the next phase of the project. � Lindsay Diederichs, Renton,addressed Council regarding her concerns about possible code violations of the bikini barista stand "Cowgirls Espresso," located at 314 Park Ave. N. She also requested informatian an how she should go about bringing this item to the attention of City employees so that it can be properly evaluated. Mayor Law referred her to Community and Economic Develapment Administrator Chip Vincent to help her in abtaining answers to her questians. • Victor Bishop, Bellevue,Chairman from Eastside Transportatian Association, provided information and possible items of cancern for the City and Council to cansider when responding to a request fram Sound Transit regarding the Sound Transit Taxing District. He specifically requested that the City's response address the concept of subarea equity and the impact of costs to residents. January 11, 2016 REGULAR COUNCIL MEETING MINUTES 2 AGENDA ITEM #8, a) CONSENT AGENDA Items listed on the consent agenda were adopted with one motion,following the listing. a) Approval of the Council Meeting minutes of 1/4/2016.Council concur. b) City Attorney Department recommended adopting an ordinance requiring the reconstruction and realignment of Sunset Lane NE as a prerequisite for further property development in the Sunset revitalization area,along with the realignment, oversizing, and addition of necessary of utilities. Refer to Committee of the Whole. c) Human Resources/Risk Management Department requested approval of a 2% increase in salary for all non-represented employees for Cost of Living Adjustment purposes. Council concur. d) Utility Systems Division submitted CAG-15-032,Sunset Terrace Regional Stormwater Facility Project,contractor Olson Brothers Excavating, Inc.; and requested approval of the project, approval of the final pay estimate in the amount of$6,162.91, and release of the retainage bond after 60 days, if all required releases are obtained. Council concur. MOVED BY PAVONE,SECONDED BY PRINCE, COUNCIL CONCUR.CARRIED. UNFINISHED BUSINESS a) Vouchers: Finance Committee Chair Persson presented a report approving for payment on January 11, 2016 claims vouchers 343471-344258, nine wire transfers and two payroll runs with benefit withholding payments totaling$10,421,886.55 and payroll vouchers including 1,506 direct deposits and 96 payroll checks totaling$3,385,444.29. MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. b) 2015 Regional Aerial Funding Agreement: Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the the Interlocal Cooperative Agreement to purchase Regional Aerial Photographs captured in March 2015 with King County and regional partners for an amount not to exceed$16,000, authorize the Mayor and City Clerk to sign the agreement, and approve the associated resolution. (See below for resolution.J MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. RESOLUTIONS AND ORDINANCES Resolution: a) Resolution No.4274:was read authorizing the Mayor and City Clerk to enter into an Interlocal Agreement with King County, local governmental entities,and private corporations entitled "2015 Regional Aerials Funding Agreement." MOVED BY PEREZ,SECONDED BY PAVONE,COUNCIL ADOPT THE RESOLUTION AS READ.CARRIED. NEW BUSINESS January 11, 2016 REGULAR COUNCIL MEETING MINUTES 3 AGENDA 1TEM #8, a) See attached committee meeting calendar. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PAVONE,COUNCIL ADJOURN. CARRIED.TIME 7:33 P.M. Jason A.Seth,CMC,City Clerk Megan Gregor, Recorder Monday,January 11, 2016 January 11, 2016 REGULAR COUNCIL MEETIN6 MINUTES 4 AGENDA ITEM #8, a) Council Committee Meeting Calendar 7anuary 11, 2016 January 24, 2Q16 Thursday CANCELED Planning & Development Committee, Chair Prince CANCELED Community Services Committee, Chair Witschi January 18, 2016 Monday City Holiday Martin Luther King Day January 25, 20i6 Monday CANCELED Public Safety Committee, Chair Pavone 4:30 PM Finance Committee, Chair Persson - Council Conference Room 1. Vouchers 2. Sewer Connection Backcharge Waiver Request for 3018 Ilwaco Ave. NE 3. Emerging Issues in Revenue Streams 5:30 PM Committee of the Whole, Vice Chair Pavone - Conferencing Center 1. Sunset Area Redevelopment Latecomer Agreement 2. Economic Development Update AGENDA ITEM #8. b) ►�"""� . � '�' CITY OF - enton � . ._ . . . SUBJECT/TITLE: Reappointments to Municipal Arts Commission RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 . . . Expenditure Required: $ N/A Transfer amendment: $ NjA Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Tatal Praject: $ NjA � � • � • Mayor Law reappoints the following to the Municipal Arts Commission: • Ms. Mary Clymer, 11600 Rainier Ave S, Apt 405,Seattle 98178, for a term expiring 12/31/18 • Ms. Evelyn Reingold, 833 Sunset Blvd, L-56, Renton 98057,for a term expiring 12/31/18 • Mr. Ben Andrews, 14727 SE 188th Way, Renton 98058, for a term expiring 12/31/18 • Mr. Mitch Shepherd, 5008 NE 2nd St, Renton 98059,for a term expiring 12/31/18 : A. Memo to Mayor regarding reappointments � • � � • Confirm Mayor Law's reappointments of Ms. Clymer, Ms. Reingold, Mr. Andrews and Mr. Shepherd to the Municipal Arts Commission. AGENDA 1TEM #8. b) � DEPARTMENT OF COMMUNITY D ����0 AND ECONOMIC DEVELOPMENT --'"—'�- � . � ED M E M O R A N D U M JAN p 8 2p16 MAYQR'S OFFIC�' DATE: January 8, 2016 TO: Denis Law, Mayor ' FROM: C.E. "Chip"Vincent, CED Administrator��� SUBJECT: Request for Reappointments to the Renton Municipal Arts Commission This memorandum is to request reappointment of the following Renton Municipal Arts Commission members,whose terms expired at the end last year. If reappointed,their new terms will expire on December 31, 2018. Mary Clymer was appointed in mid-2015 to fill a vacated, partially-completed term. Mary has an extensive background with both the arts and Renton. Her leadership abilities have already been utilized as she has been elected RMAC Co-chair for 2016 (pending reappointment to the Commission). Evelyn Reingold was first appointed in August 2006. In addition to regularly attending RMAC meetings and participating in RMAC-sponsored events, she was RMAC Executive Secretary in 2015 and is serving again in 2016 (pending reappointment to the Commission). Evelyn serves on the City Art Collection committee and has a particular interest in replacing missing plaques from public art. She has been an active supporter of arts education and a voice for policies and procedures to make the Commission more effective. Evelyn is also a Seattle Art Museum docent, giving tours of exhibits and the collection. Ben Andrews was appointed in 2012. During the time he has been on the Commission, he has been active in event planning and has proven to be especially capable of bringing different people together for successful project completion. His interest and expertise in filmmaking has not only strengthened the Renton FilmFrenzy and local presence of the Seattle International Film Festival, but has helped introduce national filmmakers to what Renton has to offer their creative businesses. In 2014, Ben initiated the 'BestFest' at Carco Theatre. Repeated again in 2015,this event has provided a venue for the screening of the best films from northwest regional film festivals. Mitch Shepherd was appointed in mid-2012. Mitch has also been instrumental in making Renton a known locale for the film industry. As one of the founders of 'ReelRenton,' he is furthering the careers of filmmakers in Renton and filmmaking AGENDA ITEM #8. b� Denis Law,Mayor Page 2 af 2 January 8,2016 through the FilmFrenzy 50-haur crash festival. Mitch is currently very active in revising and irnplementing the Arts and Culture Master Plan and in particular, its averarching goal of raising awareness of art and culture in Renton. AGENDA ITEM #8, c) -�r�""��'....� _ f CITY OF ����� ` � • '- • 1 . SUBJECT/TITLE: Youth appointment to Municipal Arts Commission RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 . . . Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Tatal Project Budget: $ N{A City Share Total Project: $ N/A � � • � • Mayor Law appoints Ms. Samantha Goerz-Granquist, 417 Wells Ave S, Apt#3, Renton 98057, to the youth position on the Municipal Arts Commission for a term expiring on 12/31/18. : A. Memo to Mayor regarding youth appointment � • • � � • Confirm Mayor Law's appointment of Ms. Goetz-Granquist to the youth position on the Municipal Arts Commission. AGENDA ITEM #8. c) � DEPARTMENT OF COMMUNITY D � i��O� ,� AND ECONOMIC DEVELOPMENT �ECEIVED M E M O R A N D U M JAN � 8 20t6 DATE: January 8, 2016 MAYpR�s OFFICE TO: Denis Law, Mayor . FROM: C.E. "Chip"Vincent, CED Administrator SUBJECT: Request for New Appointment to the Renton Municipal Arts Commission Youth Position This memorandum is to recommend appointment of Samantha Goetz-Granquist to the vacant Youth Position on the Renton Municipal Arts Commission. If appointed, her term of service will expire on December 31, 2018. Samantha (also known as "Sam") recently submitted an application to be considered for this position.The application includes the following statement of interest and experience: "I can give a perspective that other people on the committee may not be able to based on my age. I have experience with many media including minor experience in film,significant experience in sculpting,fabric arts, painting, and pencil drawing. I am interested in serving because the youth in Renton have many talents in the arts and I want to get them involved." Sam is a sophomore at Renton High School and lives in Downtown Renton. She recently volunteered to participate in an RMAC art installation event. Other RMAC members met her when she attended the January 5, 2016 meeting.She was introduced at this meeting where she spoke of the many student cultural organizations at Renton High School that may be included in the RMAC's efforts to extend art and cultural opportunities to Renton's diverse community. The Arts Commissioners were very favorably impressed with her maturity and her interest in Renton and the RMAC.They subsequently unanimously endorsed her application. AGENDA ITEM #8, d) 1I�"'.�` ` i' CITY OF �r1tC��1 `� , • •- � . SUBJECT/TITLE: Utility Leak Adjustment Request RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: lamie Thomas, Fiscal Services Director EXT.: 6929 . . . Expenditure Required: $ N/A Transfer Amertdment: $ NJA Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Tatat Project: $ NjA � • • � • The Finance Department received a request for a leak adjustment from Sunset View Apartments, a multi- family property, at the service address 2101 SW Sunset Blvd.This account does not receive water service from the City, it only receives City sewer and King County Metro services. The water leak was located in the main line water servicing the building and was identified sometime during August 2015 and the repairs were made 8/29/2015. A request leak adjustment request was submitted 11/25/2015. The requested adjustment covers the billing period of luly 2015 and August 2015 and breaks down as follows: Sewer $3,216.72 Metro 5,856.08 Total $9,072.80 : A. Leak Request/Backup � • � � • Adjusting to this customer's account in the total amount of$9,072.80 for the applicable sewer and KC Metro portions of the bill in accordance with City Code 8-4-46 and 8-5-23. � � leak Adjustment Calwiation-Residentiai",Qupiax,MTF *Residential-Water Eligible Onfy AccountType: Account# 5ervice Address: MTF 5314 , 21p1 SW Sunset Blvd WATER(up to SO%eligibie) Excess Month Billed Prior Year 1 Prior Year 2 Average Consumption Water Eligible TIER 1 TIER2 � TIER3 SE�WiR KC S�E��ER Aug-15 � 1281 � 61Q � 650 � 630 � 6�1 Rate pe2 100 ccf) 3.49 3.41[ 4.30 3.12 5.68 Refund Amount� - - � 2,p31.12 3,697.68 � � 38tI.OQ 380.00 Jul-15 � 905 � 545 � SOS f 525 { 38p � �`� � Rate per 140 ccf� 3.49 _ 9.41� 4.3fl 3.12 5.68 Refund Amount - � - � . 1,185.6G 2,158.40 � Water k Sewe� � KCSewer ( Total: � Adjustrnent Total: � � - � $ 3,216.72� $ 5.856.08�$ 9,072•80 During the leaked consumption period(August),there was no monthly read being recorded.The total consumption was billed in November(2,965 units billed)included three"'normai"months,post-repair, and one leaked month. The fol�owing is how the Ieaked consumption was estimated: Month 2014 2013 2012 Average 2015 Est. 2015 Bilied November 575 445 605 542 542 2,965 October 61d 535 573 573 - September 605 590 S15 570 570 - August 610 650 605 622 1,281 - July 545 505 62d 557 9�� �5 3,874 3,870 Total � � m z C7 b � m � � � M �^'� 1�► Route Sequence Serial 0091-000070-70100752B Read Date Readin� Consumption Meter Status Active 12/08/2015 43,320 0 11/10/2015 43,180 2,965 Of the 2,965 total, it's est. 1,281 is 07/20/2015 40,215 905 related to August 2015. 06/19/2015 39,310 600 05/22/2015 38,710 390 04/21/2015 38,320 330 03/24/2015 37,990 395 02/18/2015 37,595 465 O1/21/2015 37,130 585 12/22/2014 36,545 520 11/24/2014 36,025 575 10/22/2014 35,450 610 09/22/2014 34,840 605 08/19/2014 34,235 610 07/18/2014 33,625 545 06/06/2014 33,080 470 05/19/2014 32,610 460 04/18/2014 32,150 355 03/17/2014 31,795 380 02/21/2014 31,415 370 O1/23/2014 31,045 440 12/19/2013 30,605 385 11/20/2013 30,220 445 10/22/2013 29,775 535 09/19/2013 29,240 590 O8/16/2013 28,650 650 07/25/2013 28,000 505 06/06/2013 27,495 425 OS/13/2013 27,070 930 03/20/2013 26,140 450 �i 02/21/2013 25,690 485 12/28/12 01/O8/2013 25,205 385 11/27/12 12/03/2012 24,820 330 10/26/12 11/19/2012 24,490 605 � 8/29/12 09/26/2012 23,885 515 ^ 7/28/12 08/27/2012 23,370 605 Y/ 6/28/12 07/25/2012 22,765 620 � S/25/12 est 06/20/2012 22,145 540 � 4/26/12 05/25/2012 21,605 385 � 3/28/12 04/26/2012 21,220 275 � 2/28/12 03/28/2012 20,945 215 � 1/30/12 02/10/2012 20,730 290 � ��� User ID:05314 Password:0800 Lot Size/SF: 647,737.00 2101 SW SUNSET BLV� Phone Pay @1.800.430.1669/online @ www.rentonwa.gov Acreage: 14.87 250800 00531400f� UB-Account History List(Printecbl/13/2016- 5:02:PM g 03 M��O Impervious: 364,161.00 Pa e: � Utility Rates 25fl���} 5314-0 cons ivl rate%cj 2013 2014 2015 Rentan 207 MFlComm/mottthly 1 7.50 minimum 26.33 27.65 27.65 Sewer rnte 2.97 3.12 3.12 , . 209 Commtmotoutside 1 7.50 minimum 39.5Q 41.48 41.48 rate 4.25 4.68 4.68 211 Sewer meterstmonthly 1 7.5Q minimum, 26.33 27.65 27.65 rate 2.97 3.12 3.12 KC Sewer 404 Sewer metersimonthly 1 7.50 minirnum 40.95 40.95 42.61 rate 5.46 5.46 5.68 Leak Letters c�st na cust sequence code repuest date req descri�tion n � m z v n - m 3 � � a AGEIVDA ITEM d) �,� � �°,�c��y�s � _ _ � ��E�_ ... _6 -� � �� C� � ��� � ���� _ �ater teak�dlusrme���e��est�orm �=at;�=�3...��"��L{ ;wen Warg,�d+t�r4s:ts�t;r l3ate._��.'�����J., � ai� �1c�E�u��t t�t:.;F,�t:r S..J��}��i`�. ��_'k §�'r�icc A�i;�sc;s,: t��� �. � a L-�;i1,,5c� !'4rsc�� '�u. �..'`.�,.t�`1�:�-'S �i i� �'�� Lr,�atior�7y��. Sir�Fic Fa�nil} R�4=..i�7aR<�a!- � ".b,n I2c��.#an i eI �..� I,ea1�Adjnstment Policy tCtrc�inanc��ra�7t3.�-1� 'U E t) * Tl�c C'it} ��iil �±rcace�a artd graf�t no tnnre atiat3 une«ate;btll�n�a4ij�a.trr�r,t f�>r zsa��r 14a&.� �Ea;t,a� cusioattes,'side of Tl�e cvc�ter�r�ci�r��r i�aser sen.i4e ccannec.tsc�r<��e�} fis�c f?)}ears. �\dj�i,:s�s�xnt< will be calc�aC�tec!oti�r tite bi1ling�:er's�,ai4 ti+l:�n th.��aser l�ah�ec:urre;���ip tt�a n,t;x�n��irr: r! ���.;s (�)re�ular mecer readin�cycles L.eak aci;�stnleniy�ti3i b��ra���e�1 fc�r scrvice lines onl� bek�ee:n the e ea ndation af the buildin� � • A ��riiter, request £nr a irater billit}g adjustsnent ttt;zst Le s�4k�mitt�c# t� l�tilit} [3i'��r� C�„c�-��L; Ser`��ice uitt�in sixt�•(60)da�s cafdi4cc�very �>f�tlae �aatc°i te�l an�ire�r si�ty (5f1}da}�:;t r�c�i�*:�i E� noiice fram d7e t"it} r�ga:ding hEgit wat+:r cansurta��tioa� a!t�i t3i.�t�,It.tk mi�ht h;z�m c�c::�irr��f. 7'h=� 4Vfl17f!!Ic'I�dtt'3'P ttdtfSP tltClttlJL'IIi+?SC"NICt'(3��CIfiC4i, bilCirrg perioeJ,s ovc�r �e�hic�lr t/xe l�ak vc�e�arrr�el. lncatr'on of the leak rtnd a copy uf the repa�rr receip! ►+�i�h r� crvleur wriiter� descrl�rt��an r�f liae com�teted repatr. Phntns verifving the repair a�art t6ae tucntrr�ot of th� trark nrc* s�rnac;tt� reeomne�nded AdjusR'r,nen#Metfiodalogy(Ordinance 5210,f�-S-Uf�} • The water p4rtion af the bill will be adjusted by� charging For onl}�50°.0 of the excess constiimptiflr� char�e ovec the bitling p�riod(s} when the leak occurred. Example �f an actjUsted u°atex billing calculation; (Q.50 X Consumption in e;ccess of fiistaric�l average fnr biiling peciod) }C C'omcnadity R�te. Adjustments greater than $2,000 shatl be sub�nitted to the Finance Cocnmittee fcrr approv�l or denial. There wifi he no a�3justm�nt of the Basic Monthty Char�,e c�r arry c�ther tiaaterchar�e {C3rd, 52Ifii,6-5-2006) • For non-residential sewer accounts,a fu11 adjustment a�f itte se`�er�ill u�ill be made far alI l�sked wat�r thai did nc�t enter th� sanitary sewer system. The ad�ustmer�t w•itf be det�rminec3 �y averaging nr�rmal wat�r consurn�tion from �revic7us representative biiling periods and chargin� wast�water volume rates based on this normal avera�e volume. Adj�stments �,reaTer than $?,000 shadl be submitted to the F'inance Camrraittee fnr approti•al or deniat.There will be nc� adjustment af the base charge or any other sewer charge. Oate Leak was repaired:�f c:� � ��.eak Repaired By:����''�.'�?lt> _ __ Location�f Leak: � �� �. Ty�ae c�f Leak:�_�,�!,�{".�'..�` �,P(,t�+ "" t"�"1�''��� Property C3wner Narne:�,�-"� ��-L���. Contact Phone#:�'����"�,,i"� i��t.��..3t"�riU.�'��'C £3ate:��G�..��. Prop�rty C}�c�ner Si�rn�ture ' �aa�a, ._..� J � �� 1� �ht+'�k2►���` N,�.�lrtach repa#r r�crtp�s ro th�s request jor�.�djustrnent wt!nc�t e praresser!wir aut prn�f re�atre ,y�roved [� ,Ile�nud�] Reasan _.. _ ...__ ttlS�S SG�1?►'�Y,AY,R�'NtZJ1l�t W,�981t5? Pt10t�1� f�2Sl-�3Q-5d�1 FAJt (425t-43t7-5B55-4RD Sb58 9173t2Qi1 �,. , . ,�j^. '•'1Gs.....:,r�`.::t�5t�i;i.:.:vS:::s,;..a'= >r v. � AGENDA ITEM #8. d) Invoice#: 3461762 Invoice Date . 8131/2015 Due Date: 9l30/2015 PLUMB NG & C?RAIN SEFiVICES, �LC Payment Terms: Net 30 2208 inter Avenue,Puya'lup.WA 98372 Amounf DUe: $21,706.77 {P)253.240.d377 {F}253.200.4288 (E}Office@compassp3umbinganddra�n.com Gustomer Service Location AI[ied Residential: Sunset Yew Apartments Sunset�ew Apartments 121 96th St E 2101 SW Sunset B(vd Tacoma, Washington 98445 Renton, Washington 98057 Qty Name Description Rate Amount Tax 99 Services Removed asphalt in the area where the feak had been (acated by $94.40 $8,910.00 Tax others. Wikh the use of a vactor truck the area was excavated and a 10" carbon water main was found to be cracked. searched property and found a water main shut off at the other side of the property. l.ocated a temporary repair clamp and installed. Returned and installed steel repair band. System held for three days with no leaks, Back filled the excavated area with sand and gravel to finish grade af surrounding asphait to allow traffic to drive over area. Asphaft to be compieted by others. 3�.5 Services Overtime rate applies. $135.00 $4,927.50 Tax 1 Materiais -Demo $2,034.21 $2.034.21 Tax -Excavation - Repair - Safety - Back fiil 1 Equipment - Demo, excavation, generator, and safety equipmen#{$1.553.03) �3,916.82 $3.916.82 Tax -Pumping service ($1,772.89) - Back fill material and deliuery($305.90) - Jetter($285.00) 1 Truck Truck Charge $35.00 $35.00 Tax Charge Please remit payment to: Subtotal �19,$23,53 PO SOX 1101, Sumner, WA 9$390 or Tax $1.883.24 Call the o�ce to pay by credit card Total $21,706.77 �'L��� �V/SA �vw DISC VER � .L���:.=-� Paid $0.00 LtSTE PAYMENT PQLICY:Late payment wiii rncur a 2%addrtionaf tee for biiis pard 5-34 days past due addrhonal Sh far bnls pa�d between 31-60 days pest due.brfls nat paid hefQ�g 8 7 days past dua w:l�be si�brs+rtfed to coltPrtrons fnro+ces are ta ke g�,�rgQp comple#�on un�ess noted ctherwise A GENDA ITEM #8, d) Elysha Mettlin , . , ,.,....�..,� From: Srittany Cristel <bcristel@alliedresidentiaLcom> Sent: Wednesday, November 25, 2015 11:50 AM 'fo: U B Subject: Sunset View Apartments Water Leak Adjustment Request Account 005314-000 Attachments: 2015-11-25 11-25-06.pdf;Compass Invoice3461762.pdf Hello, This emaii is in regards to Sunset View Apartment Homes located at 2101 SW. Sunset Blvd. Renton,WA 98057.On August 1Sth, 2015 a water leak was detected regarding the main water line running through the property.This leak occurred underground between the water meter and foundation.The leak was fixed on August 24th, 2015. Attached is the completQd City of Renton water leak adjustment request farm for account 005314-000. Additional dacumentation: Images of the water line repair below. Attached is an invoice frorn Compass Pluming& Drain Services for the repair work compieted totaling$21,706.77 Please let me know if yflu require anything further at this time. Thank you, Brittany Cristel � Assistant Porttolio Manager bcristelCc�alliedresidential.com �;iied Residential 1601 East VaNey Road, Suite 180 I Renton,WA 98057 Dire�t: (,425j 226-5150 x1227 Cell: (425} 5t�3 5635 www.alliedresidential.com L � I � • : • ' . v ,�y.,��� . ,. '����' illl �. �' ` �""" � � � ,.�- . : �...,,: .,, � � �:. . ,,.. � � . ; . :. 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'�� t�;�� }:,, �.=. , fi�� # �,� � k�����'��. .i�.n, s,�M AGENDA ITEM #8. d) J R ��� , i �`' � ���.� �f *�.�� ' .. #�.ti�.�.,5�' ��• �P} � i � � • : � � a �a;������:�+� �+��='.,,�.. �';w �, ,„� _ �;„ , � ';� � ,_. �, :. � .•�.» ��� ��,', ,., � �., � � � �*; '�" �'n,: ���'�� �,��"' ,�i �r� �� ����, `�'� �:.: �. �, a�` .;� . �"� � •� � � � �r� �' G 1 k.._, .�o. . � � • • . • �.L:.�*.r.-��+.�� 1.� °'i�,��Ali�ir�: .>�.. . � .r .C. fi ;,. . . . ��R ,�..,::���...� `��.. . ,. , .v w.,. �� 'y'" � �° ��� �'�i�;4,�� . �. � �' � +�'" .�z � x � f^�; . �'w' �� ��4. �,�$ ^e � � ����_' .. .. . r t I � <, , '� . . . , . .,�. o . .. * _. � �� � �� � , �,� .� z . .. -� �` , �'f N` � v r . �h fit , ' �:. . ... y �...s+a. � � � 4 y . �; t $ ' ..f,.. � '}'i. � W�' . . � .. � � ' S .. { �, . . .., s. � �.: ; �, >�, ' ': _ � A - ,;! � ��` ' ,�:=; � r . - ,, 5 ,� � . , • ° � �� .. ,,,,� � �r � - � x -�.:•.�� t �� , ,�. � , . :4��i �y , . 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'�; ',�' ...` . . �� AGENDA ITEM #8. d) � � .. .. wM'� �..� = a f� � � , � ::��°y- kt�, 19 AGENDA ITEM #8, d) s.� �.� �..: � �� �. _ . -_ -- EM #8, d) ��,: . � � � z� . ... � � � ' : • . �,�� - � �� �; . . �,�� - � � ����� � � � ����� �� ' ���. � ���� � � � � t '� � ;,,: ��� � ��������� � � � � ���� � `�,;���� � �!` ,� � ► � � ' i • r i. ,�,.. . �� � .. � � ,.'.w...+s�C4�a iL i��. .a�ww+.s�iti. . � u > �=a.� . w a . . �&': �s �:. .. �'h�-,y ��'",�a . � ��� �aka.��` � ... .+s.,`, ' .. �r `�� � «. ... . ; '� ry� „� ��?Y AGENDA ITEM #8, e) -�/_��.., _ CITY OF entc�n � • •- � . SUBJECT/TITLE: Shopping Carts Regulations RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Community& Economic Development STAFF CONTACT: Paul Hintz, Associate Planner EXT.: 7436 . . . Expenditure Required: $ NjA Transfer Amendment: $ NjQ Amount Budgeted: $ N/A Revenue Generated: $ N/A Totaf Project Budget: $NJA City Share Totat Project: $ NjA � � • � • Abandoned shopping carts create visual blight, and are a potential hazard to pedestrians, bicyclists, and motorists. Ordinance 5145 decreed abandoned shopping carts to be a nuisance, required carts to display ownership information, empowered the City to retrieve and impound carts after providing 24 hours' notice to the cart's owner, established a fee of $50 to claim an impounded cart, and a time limit of 30 days before the City may sell or dispose the impounded carts. Existing shopping cart regulations are evidently ineffective, as demonstrated by the numerous carts commonly found in prohibited locations (e.g., public right-of-ways). The prevalence of this public nuisance has prompted revisions to existing code in an effort to make the consequences stringent enough to spur cart owners to be more proactive in their efforts to retain carts on their respective premises. The proposed revisions to Chapter 6-27 RMC would enable staff to immediately collect lost, stolen, or abandoned shopping carts, issue a $100 fine to the identified owner, and impound the cart for 14 days before selling or disposing the cart. Cart owners will be apprised of their opportunity to retrieve the cart from impoundment within 14 days of the fine. Carts that lack ownership information or those impounded in excess of 14 days may be sold by the City. Owners of non- signed carts will not receive the impoundment fine because staff cannot conclusively identify the owner, therefore these carts will be immediately eligible for sale. The Administration will provide information and public outreach to the business community and the general public prior to enforcing this ordinance, so shopping cart owners are aware of their responsibilities. : A. Issue Paper B. Ordinance � • • � � � Approve ordinance revising RMC 6-27 to enable staff to immediately collect lost, stolen, or abandoned shopping carts, issue a $100 fine to the identified owner, and impound the cart for 14 days before selling or disposing the cart. AGENDA 1TEM #8. e) DEPARTMENT t3F CC►MMUNiTY d ���� � & ECC3NOMIC DEVEI.OPMENT �' M E M tJ R A N D U M DATE: January 25, 2016 TO: Randy Corman, Caunci! President Mernbers of the Renton City Councii VIA: Denis Law, Mayor FROM: Chip Vincent, CEQ Adrninistrator, x6588 5TAFF CONTACT: Paul Hintz, Associate Planner, x7436 SU6JECT: Shopping Car#Regulations ISSUES: Ta expedite the removal of shopping carts fram public right-of-ways and other prohibited locations, shauld the City Council amend existing Rentan Municipal Code pertaining to lost, abandoned, or stalen shopping carts, which are public nuisances, by granting Gty persannel greater authority to collect and impound these carts? Ta entice owners to be more proactive with respect to maintaining carts on their respective premises, shauld the City Council estabiish fines for last, abandoned, or stalen shopping carts, and decrease the length of time the City will retain carts? RECC?MMENDATIQN. • Grant City personnel the right to collect and impound any lost, abandoned, or stolen shopping cart without providing notice to the cart`s owner; • Establish and issue a $100 fine to the cart owner for each cart impaunded by the City; • Decrease the iength of time the City will retain impounded carts; and • Sell or dispose of any cart not retrieved from impaundment. BACKGRt3UNp SUMMARY: Ordinance 5145, which established Chapter 5-27 RMC entitled Shopping Cart Regulation, was adopted by the City Council in 2005 with the intent of curtailing the presence af shopping carts on public right-of-ways ar private property other than that af the retail establishments that provide the carts. Abandoned shopping carts create visual blight and are a potential hazard to pedestrians, bicydists, and matorists. Qrdinance 5145 decreed abandaned shopping carts to be a nuisance, required carts to display ownership information, empowered the City ta collect and impound carts after providing 24 hours' notice to the cart's awner, established a fee of $5Q ta daim an impounded cart, and a time limit of 30 days before the City may sell or dispase of the impounded carts. Randy Corman,Council President AGENDA ITEM #8. @J Page 2 of 2 January 25,2016 Existing shopping cart regulations are evidently ineffective, as demonstrated by the numerous carts commonly found along streets and sidewalks, at bus stops and shelters, in alleys, on school grounds, within parks, near multi-family residential buildings, and on vacant Iots. The prevalence of this public nuisance has prompted revisions to existing code in an effort to make the consequences stringent enough to spur cart owners to be more proactive in their efforts to retain carts on their respective premises. Currently, staff may impound a cart located off the store's premises if notice has been provided to the owner, or if the cart lacks the required ownership sign and is or potentially will disrupt traffic. Impounded carts are kept for 30 days, during which time the cart owner may retrieve the cart(s) for a fee of$50 each. The proposed revisions to Chapter 6-27 RMC would enable staff to immediately collect lost, stolen, or abandoned shopping carts, issue a $100 fine to the identified owner, and impound the cart for 14 days before selling or disposing the cart. Cart owners will be apprised of their opportunity to retrieve the cart from impoundment if done so within 14 days. Carts that lack ownership information or those impounded in excess of 14 days may be sold by the City, or disposed of through other means. Owners of non-signed carts will not receive the impoundment fine because staff cannot conclusively identify the owner, therefore these carts will be immediately eligible for sale. Interdepartmental coordination will be necessary to implement the proposed revisions to shopping cart regulations. The Administration will provide information and public outreach to the business community and the general public prior to enforcing this ordinance, so shopping cart owners are aware of their responsibilities. CONCLUSION: Existing regulations intended to prevent shopping carts from creating visual blight and a public nuisance have proven ineffective. Allowing City staff to immediately collect and impound carts will likely by an effective approach to removing carts from prohibited locations. Increased monetary penalties will potentially motivate cart owners to keep their carts onsite. AGENDA ITEM #8. e) CITY OF RENTON, WASHlNGTON ORDINANCE N0. AN ORDINANCE OF THE CITY C1F RENTQN, WASHINGTQN,AMENDING CHAPTER 27, SHC?PPING CART REGUl.ATION, OF TITLE VI (PQIICE REGULAT14N5) OF THE RENTON MUNKIPAL CODE, BY CLARIFYING REGULATIC?NS; ADDING DEFINITIONS Ft)R 'ADMINISTRAT�R', `IDENTIFICATIQN SIGN', 'CART SIGN'AND 'IIVIPOUNDED CART';AND ADDING FINES FOR VIOtATIONS OF THIS CHAPTER. TNE CITY C�UNCIL �F THE GTY OF RENTC}N, WA5HINGTON, D{7ES ORDAIN AS FOI.LQW5: SECTION 1. Sectians 6-27-1, Purpase; 6-27-2, Deciaratian af Nuisance; 6-27-3, Shopping Cart Cantainment and Retrieval Plans; Applicability; 6-27-4, Exemptions; 6-27-5, Definitions; 6-27-6, Shapp�ng Cart Containment and Retrieval Plans; 6-27-7, Retrieval and Impound; and 6-27-8, Fees and D"+sposit'ran af Carts, of Chapter 27, Shapping Cart Regulation, of Titie Vi (Police Regulations) of the Renton Municipai Code, are hereby amended as foliows: 6-27-1 PURP�SE: It is the primary purpose of this Chapter to provide for the prompfi retrieval of lost, stolen ar abandaned shapping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this Chapter to have the owners and aperators of businesses providing shopping carts use the means available to them to deter, prevent or mitigate the removal af shopping carts from their business prernises, and to retrieve anv carts that mav be removed despite these efforts, It is a further purpase of this Chapter to prevent the illegal removal of shopping carts from the business premises, to 1 AGENDA ITEM #8. e) ORDINANCE NO. prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. 6-27-2 DECLARATION OF NUISANCE: Retaii establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. A �shopping carts that �ia�e has been removed from the premises of the business and left abandoned on public or private property throughout the City constitutes a public nuisance and a potential hazard to the health and safety of the public.; each lost, stolen or abandoned cart shall constitute a seaarate violation. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights-of-way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons that such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter, or in any other manner provided by law. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is: A. An authorized agent; or 2 AGENDA ITEM #8, e) ORDINANCE N0. B. Retrieval personnel; or C. Enforcement personnel; or D. An authorized customer. 6-27-3 SHOPPING CART CONTAINMENT ^"'^ orToir�in� pLANS;APPLICABILITY: Except as otherwise provided in this Chapter, every owner who provides more than ten (101 shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written Shopping Cart Containment Plan approved by the City to provide for the containment of shopping carts on the premises of the retail establishment , and for the retrieval of lost, stolen, or abandoned shopping carts which have been removed from the premises of the retaii establishment 6-27-4 EXEMPTIONS: The requirements of this Chapter shall not apply to any retail establishment �k► that provides a total of ten 101 or fewer shopping carts for use by customers of such business, r h' h `+�;I oc+^hli�hw,�,.,+ ,.,,,,,,�ro� ..,;+h +�,o F2qurrQKT�;...+< <,�f or.n-r.Ar� �—r'L,M�+�. yh�� �t .�.MMI.r -,.-+.- �L,-,+ � �� �. ....r�--f=}... �$—�....... ....... ..."'2 6-27-5 DEFINITIONS: Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings: 3 AGENDA ITEM #8. e) ORDINANCE N0. A. Administrator: The Administrator of the Communitv and Economic Development Department. B. Authorized Agent: The owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. �-C. Authorized Customer: A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. Such permission, however, shall contain a requirement that the cart be returned immediately after its use. �D. Enforcement Personnel: Any police officer, code enforcement inspector, or designated staff employed by the City of Renton. E. `Identification Si�n' or 'Cart Si�n': A si�n that provides ownership information, as required bv this Chapter, which is required to be affixed to each shoppin�cart. F. Imaounded Cart: Anv shoppin� cart collected bv authorized Citv personnel, re�ardless of whether or not the shoppin�cart is bein�transqorted to or is stored within Citv facilities. �:-G. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is either: 1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or 4 AGENDA 1TEM #8. e) ORDINANCE N0. 2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner; 3. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or b. An officer, employee or agent of a cart retrievai service hired by the owner to retrieve such carts; or c. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code; d. A customer with written permission from the owner or agent of the owner to take the cart off premises. �H. Owner: Any person or entity, in connection with the conduct of a business, that a�e—owns, leases, possesses, or makes more than ten (10) a shopping carts available to customers or the public. �-1. Parking Area: A parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the 5 AGENDA ITEM #8. e) ORDINANCE N0. parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center. �J. Premises: Any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. k1-K. Retail Establishment: Any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. �L. Retrieval Personnel: Those persons identified in the Shopping Cart �a�4 Containment Plan as providing cart retrieval services, whether employees of the business or independent contract services. �-M. 'Shopping Cart' or `Cart': A basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 6-27-6 SHOPPING CART CONTAINMENT ^"'^ orToirvni pLANS: A. Plan� Required-_ A Shopping Cart Containment Plans shall be required to be filed with the Beveleprner��ervises BirEs�e� e+�� Administrator within six {6) months of the opening of the business; or, within six (6) months of the effective date of the ordinance codified in this Chapter. The 6 AGENDA 1TEM #8. e) ORDINANCE N0. plan shall include sections detailing the store's strategy for preventing shopping carts from leaving the business site and parking lot (Shopping Cart Containment), and defining the methods that will be implemented to retrieve shopping carts abandoned off-site (Shopping Cart Retrieval). B. Shopping Cart Containment �s:_ Shopping Cart Containment Plans shall detail the business' approach to retain carts on the property occupied by the business. At a minimum, each Shopping Cart Containment Plan must demonstrate how the following requirements of B.1 through B.4 will be met. 1. Signs on carts required: €-�e�}� Each shopping cart made available for use by customers shall have an Identification Sign s+g�permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended: a. Identifies the owner of the shopping cart or the name of the business establishment, or both.-� b. Notifies the public of the procedure to be utilized for authorized removal of the cart from the���premises.-1 c. Notifies the public that the unauthorized removal of the cart from the premises of the business or parkin� area of the retail establishment, or the unauthorized possession of the cart, is a-�' a�-s�at�-la�-unlawful; and 7 AGENDA ITEM #8, e) ORDINANCE NO. d. � Lists a current telephone number or address for returnin� carts removed from the premises or parkin� area to the owner or retailer. �e-Ke�e�� 2. Notice to customers: `"'��**^� ^^*'�� �.".�!! "�e� Owners shall provide written notice to customers;that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Ee�s�e�� Additionallv, all owners shall displav and maintain consqicuous signs �"w!! w� N!u�.. on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law. 3. Employee training: The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the Shoqqin� Cart Containment Plan and the provisions of state and City law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. 4. Measures to contain shopping carts on site: The owner of the retail establishment may install specific physical measures on the carts or implement 8 AGENDA 1TEM #8. e) ORDINANCE N0. other measures to prevent cart removal from business premises. These measures may include, but are not limited to: a. Installing disabling devices on all carts; b. Posting store personnel to deter and stop customers who attempt to remove carts from business premises; c. installing bollards and chains around business entrances/exits to prevent cart removal; d. Requiring security deposits for use of all carts; or e. Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases. 5. Collaboration with other businesses: Two �2�or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Containment Plan. C. Shopping Cart Retrieval �:: The Shopping Cart °��P� Containment Plan� shall also detail the business' approach for retrieving shopping carts removed from the property occupied by the business. At a minimum, each Shopping Cart °�*�� Containment Plan must demonstrate how the following requirements of subsection C will be met. 1. Retrieval �Personnel:: The owner shall provide personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent 9 AGENDA ITEM #8. e} o�a��va�vcE No. contractars hired by the owner to pravide shopping cart retrieval services, or a co�nbination of both.The Shopping Cart F�+e��Contair�ment Plan shall either: a. Ider►tify the nurnber of erx►playees who wi!! be assigned such eart retrieva! duties, the nurnber of total hours per week #hat each assigned empioyee will perform such services, and the training each of such persannei has received or will receive concerning the retrieval of lost, stalen or abandaned shapping carts;ar b. (nclude a capy af each contract with a cart retrieva( service (other than canfidential financial infarmation that may be retracted from the contract). 2. Prompt retrievai of carts-:The owner shal{; a. Provide retrieval personnel in sufficient numbers ta assure that all public streets within a minimum one-half 1 2 mile radius af the premises of the retail establishment are patrolled not less often than every seventv-two j72� hours. b. Immediately retrieve and remove each last, stalen or abandoned shopping cart awned or provided by the retail estab(ishment which is found as a result of such patrols from any public or private property upon which the cart is found. 3, Patrol area and resources,-: The Shopping Cart�iev,a�Containment Plan shall: 10 AGENDA 1TEM #8. e) ORDtNANCE N0. a. Identify the streets and bus stops which will be patroiled as required by this subsection as well as the manner, frequency, and times of such patrols. b. Include information such as the number of trucks, hours of operation and retrieval personnel, as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operation to comply with the approved Shopping Cart Containment Plan. D. Plan Submittal and City Review.-: 1. Plan review and decision.-: Upon the filing of any proposed plan pursuant to this Chapter, and receipt of the required processing fee, the m.,���e�* �^�.,���� n�r��+^� Administrator shall review said proposed plan and either: 1) approve, 2) approve with conditions, or 3) deny the �e�e� Shopping Cart °r�����. Containment Plan. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. The owner may appeal a decision of the Administrator to the Hearing Examiner in the time and manner provided in RMC 4-8-110. 2. Amendments by e0wner.-: The owner of any retail establishment which has an approved A�a�e� Shopping Cart R�eue�ie� Containment Plan conforming to the requirements of this Chapter may, at any time, submit a proposed amendment to the approved plan, which shall be processed and a 11 AGENDA /TEM #8, e) ORDINANCE N0. decision issued within fourteen (14) calendar days failowing the receipt thereaf by the Adrninistrator. 3. Implementation of pian:4 The proposed measures shall be implemented no later than ninety (90} days after City approva! is given, ur�less otherwise stated in the cfecisio� approving the pian, Unless otherwise agreed, any madifications to the plan impc�sed by the City shal€ be impler�ented within ninety (90) days after the City notifies the awner of the r�eeded madi#ications. �.�----��� ;,� ���c.��a�---�e .r�. N.�.,� , �. Alrif'r� nf IJe-+rinn If +hn r�.^� M) r +�w.`I a. ,. .... Mrr� . . , �h M I I L,� r�,�9,V4f�C-�--F�6�-�S t �� ��».. onnr� n Q ��n 12 AGENDA 1TEM #8. e) ORDINANCE N0. �:E. Failure to File Shopping Cart Containment Plan-: Failure to timely file a Shopping Cart Containment Plan ^� � c�,,,�.,cn�. r.,.-+ oe+..,,.,-,� o�,., shall be ''.,�-a�an infraction punishable under RMC 1-3-2. 6-27-7 RETRIEVAL�AP�9IMPOUNDMENTAND FINES�RAG�B�C�S: A. Retrieval and Impoundment of Shopping Carts.-: The City may immediately retrieve and impound any lost, stolen or abandoned shopping cart within the City, or any �e—�#��aEat-+e;r-t#r_��f w�14 Fmpede ^m��� ,-�, r�+ �,�,.,+��., .-�+.-,,, _ �n„ �nt�_�+„�„ .,�.,.,�e+ae� cart , , .,, u.,.... within the City to which . the required Identification Sign is not affixed�e-+�. , .,�+h�n +t,,, r�+„ ,.,l,��h H�� +H„ .- -.c�• , .� +h,,.-„�,. -,f+,,.- ., ,,;.J��„ +h„ .- ����+o ,� .�...., ...� ..�b� .. ..+irn +� +he n..m� re+-�ilnr nr ortn..+ nlnrc �i�h r�n4i�e� h^+c l�r»n v�l��r�+orihe r� � ...� .�... rn+-iilor r -�rtonf� ..�� ..._«..cr—�v��--ab-c*'ir. B. Impounded Carts: Owners identified on Cart Si�ns will be informed that thev have fourteen (141 days in which to retrieve the cart(sl from the City. , ". .,:::��:�d: �. 6ec-a�t�en--�i����remises. The�#e�—�w�: :� !a�"+^�' ^��+�c�'^ +��,�,�,�—�;�=.�� �..�v,-�:?�o ���a-e€��-�����i,��w,�r+ M^� 13 AGENDA ITEM #8, e) ORDINANCE N0. , �.,:�,,. i. . v.��..��. , �U-da�r—fram xha datA�;;� �o;ner ef ��e shep�.fnsea�-�, er i�s agen�, , C. Notification of Impounded Cart: The Citv shall utilize the reauired Cart Si�n to notifv the owner of each impounded cart; absence of the reauired Cart Si�n shall relieve the Citv from this resaonsibilitv. �le�ise. � �h„ ....�� .., � _ ur �.,.-„t...,� +h., ..i Fi .a,.�+.- �. , .,,,,,.., ., u...,,,,w.. ..... , .,.-�.. !`�+��.,.,fl, .-,+ ., I -, ���L,...-�-.orl �., � �.d�-,+�,I.. .,+.-��,.." +h., r .. .....���..���.. chnr�r�ir�n -+r+Fr.+w+ .+�.L.I� �.. rw�„ � �. f Irlr�r*�F���+��n If �. ch -,.-� .J,...., ..�+ 4.-..,n th� r ��rorl -,Ff�vncL+4,�,r�,+�. !'�+�, ,,,,f�,r...,.,,,,,,,+ ., 1 -. +4, ' �,.d + . ��b� u�. � �� D. Fines: The Citv shall issue a one hundred dollar ($100) fine to the owner of each lost, stolen, or abandoned cart impounded by the Citv. Each cart impounded bv the Citv shall constitute a separate violation. This fee shall not be waived, unless a lockin� device was installed on the cart bv the owner and that lockin� device was disabled bv a person other than the owner, in which case that cart shall be exempt from this fine. 14 AGENDA ITEM #8. e) ORDINANCE N0. E. Retrieval Fee: The Citv shall issue a retrieval fee of twentv-five dollars ($251 to the owner of each lost, stolen, or abandoned cart impounded bv the City and retrieved, collected, or reclaimed bv the owner. If the owner of the cart retrieves the cart within fourteen (141 davs, the owner shall be exempt from this fine. 6_27_$ �rr�.e nni,�n DISPOSITION OF CARTS: A. Disqosition of Carts: Carts impounded bv the Citv which are either held for more than fourteen (141 days followin� the date of notification, or carts without an Identification Si�n, mav be disposed of or sold bv the Citv.�$ �e�rieve—�ar�s T� ��� n,� ��,. ,-+ n„+ ,-otr;o�,o� �,., ,+� �, f� +h h-..- . ,�.J rh., r�+.,�� ., � .J-,..,.�.-6,-,I r.,r��o B. Appeals: 1. Filin� of Appeal: Anv owner ag�rieved bv any adverse decision of the Administrator pursuant to this Chapter mav appeal such decision within fourteen (14) calendar davs followin� the date of such decision bv filin� with the Hearin� Examiner or Citv Clerk a written notice of appeal brieflv statin� the �rounds for such aqpeal. The notice of decision shall be deemed filed on the date the appeal processin� fee has been paid. No appeal shall be acce�ted for filing and processin� by the Administrator unless accompanied bV the appeal processin� fee. 2. Notice of Hearin�: If the appeal is timelv filed, the Examiner shall cause the matter to be set for hearin�. The appellant shall be provided not less 15 AGENDA ITEM #8, e) ORDINANCE NO. than ten 110) calendar davs written notice of the date, time and place of the hearing. The Hearin� Examiner shall conduct the hearin� pursuant to the arovisions of RMC 4-8-110. �� �v���. I�-T�e f-,�I� +.� t .. �`J �";p,n��.,.�1.,.J �h.,NNiiiS-caii�Tafzcrrcccnrrns 66��C�6�5 �h-,.�-rcriT-c.vr.�:�::;:: .. ��ar��e�;��w:�.,��. . i �+.. .. ..�. .�., � �T�Y��u� ��� .... ..+F.-3.ti. +l,y C[(�-tf',�}e- � �'•'�.... y... � n��.�.�,�;+;.,n r,f r'-..+� TL,., rir„ II +h .d� f + ... ...�..N � -�I ` N cn,7-c-cTT-r � SECTION II. Subsection 6-27-9.A of section 6-27-9, Illegal Possession or Accumulation of Carts, of Chapter 27, Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton Municipal Code, is hereby amended as follows: A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner's authorized agent, shall be guilty of shoppin� cart theft in �kae ���'���, which is a misdemeanor� pursuant to RCW 9A.56.270. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 16 AGENDA 1TEM #8. e) ORDINANCE N0. PASSED BY THE CITY COUNCIL this day of , 2016. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2016. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1901:1/19/16:scr 17 AGENDA ITEM #8, t� �'�` 1 CITY OF � � . ... , . enton � SUBJECT/TITLE: 2016 Lodging Tax Fund Allocations RECOMMENDED ACTION: Council Concur DEPARTMENT: Community& Economic Development STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 . . . Expenditure Required: $217,OQ0 Transfer Amendment: $ NjA Amount Budgeted: $ 217,000 Revenue Generated: $ N/A Total Praject Budget: $217,OQ0 City Share Tatai Praject: $ N/A � • • � • The Lodging Tax Advisory Committee met on June 30,2015, to approve a new application process for the allocation of lodging tax funding for 2016 ensuring consistency, fairness, and compliance with state regulations. The Committee met again on October 9,2015, setting a timeline for the application process and directing staff to hold a workshop for interested applicants on October 28,2015. Applications were due on November 20,2015, and 19 apptications were received. The Committee heard presentations from all applicants on December 4,2015, and met on again on December 16,2015, to finalize its recommendations. The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures from the Lodging Tax Fund as follows: • Renton Technical College,Reading Apprenticeship Conference,$2,500 • Renton Technical College,Reading Apprenticeship in STEM, $2,500 • Renton Civic Theater,2016 Season, $2,500 • Seattle International Film Festival,2016 Renton, $20,000 • Renton Chamber of Commerce,2016 Oktoberfest,$12,500 • City of Renton,Renton Community Marketing Campaign,$50,000 • City of Renton, Seahawks Rally,$10,000 • Renton Chamber of Commerce,Visitor's Center, $75,000 • Renton Chamber of Commerce,Return to Renton Car Show, $5,000 • Tasveer, South Asian Film Festival, $7,000 • Olympic Peninsula Fishing Innovations,Atlantic Salmon Fly Expo,$10,000 • City of Renton,Multi-Cultural Festival, $20,000 Total Recommendation: $217,000 : A. Issue Paper B, LTAC 121615 Minutes& Matrix ► • � � • AGENDA 1TEM #8. t� Approve allocations for the 2016 Lodging Tax Fund as recommended by the Lodging Tax Advisory Committee and authorize the Mayor and City Clerk to execute contracts with the successful applicants to expend budgeted funds on the proposed additional marketing initiatives. A GENDA I TEM #8. t� DEPARTMENT OF COMMUNITY +�roF & ECONOMIC DEVELOPMENT D Q� I�OO� �.�� M E M O R A N D U M DATE: January 25, 2016 T0: Randy Corman, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Cliff Long, Economic Development Director (x6591) SUBJECT: Allocation of Lodging Tax Funding for 2016 ISSUE Should money from Lodging Tax funds be allocated to applicants to support tourism marketing and operations as recommended by Renton's Lodging Tax Advisory Committee (LTAC)? RECOMMENDATION Support the recommendation of the Lodging Tax Advisory Committee to allocate $217,000 in lodging tax funding for 2016 as detailed in the attached matrix and summarized below. Additionally, staff recommends that the Mayor and City Clerk be allowed to execute contracts with the successful applicants to expend budgeted funds on the proposed additional marketing initiatives outlined below. BACKGROUND SUMMARY In accordance with RCW 67.28.1817, the City of Renton has established a Lodging Tax Advisory Committee to recommend the allocation of lodging tax funds to Renton City Council. The Committee was chaired by Councilmember Palmer and members include: • Michael Schabbing, Marriott Hotels • Katie Hunter, Hilton Hotels • Brent Camann, Renton Chamber of Commerce • Preeti Shridhar, City of Renton Council "may only choose recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee." However, Council does not have to fund the full list as recommended by the LTAC and can choose to make awards in the recommended amounts to all, some, or none of the candidates on this list. The selected recipients must be awarded the amounts recommended by the LTAC. AGENDA 1TEM #8, t� Randy Corman,Council President Page 2 of 2 January 25,2015 The Lodging Tax Advisory Committee met on June 30, 2015, to approve a new application process for the allocation of lodging tax funding for2016 ensuring consistency, fairness, and compliance with state regulations. The Committee met again on October 9, 2015, setting a timeline for the application process and directing staff to hold a workshop for interested applicants on October 28, 2015. Applications were due on November 20, 2015, and 19 applications were received. The Committee heard presentations from all applicants on December 4, 2015, and met on again on December 16, 2015, to finalize its recommendations. The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures from the Lodging Tax Fund as follows: • Renton Technical College, Reading Apprenticeship Conference, $2,500 • Renton Technical College, Reading Apprenticeship in STEM, $2,500 • Renton Civic Theater, 2016 Season, $2,500 • Seattle International Film Festival, 2016 Renton, $20,000 • Renton Chamber of Commerce, 2016 Oktoberfest, $12,500 • City of Renton, Renton Community Marketing Campaign, $50,000 • City of Renton, Seahawks Rally, $10,000 • Renton Chamber of Commerce, Visitor's Center, $75,000 • Renton Chamber of Commerce, Return to Renton Car Show, $5,000 • Tasveer, South Asian Film Festival, $7,000 • Olympic Peninsula Fishing Innovations, Atlantic Salmon Fly Expo, $10,000 • City of Renton, Multi-Cultural Festival, $20,000 Total Recommendation: $217,000 These expenditures are recommended at a level less than anticipated in the 2015-2016 Renton City Budget as adopted by Council. Furthermore, they are consistent with the goals of the City's Business Plan and Economic Development Strategic Plan. cc: Jay Covington,Chief Administrative Officer Iwen Wang,Administrative Services Administrator Terry Higashiyama,Community Services Administrator Chip Vincent,Community&Economic Development Administrator AGENDA I TEM #8, t� �.//'Nr'...�-:::: _ CITY OF • • n n � 0 MINUTES Renton Lodging Tax Advisory Committee 1:00 PM—Wednesday,December 16,2015 Counci)Conference Room,�th Floor,City Hall—1055 5.Grady Way I.Opening Chairperson Palmer called the Renton Lodging Tax Advisory Committee(LTAC)meeting to order. LTAC Members Preseni: CitV Staff Present: Marcie Paimer,Chair Cliff Long,CED Brent Camann, Renton Chamber of Commerce Michael Schabbing,SpringHill Suites Preeti Shridhar,City of Renton Ii.Review of Applicatians for 2016 lodging Tax Funds _ � Presentations by appiicants were made to the Committee an Friday, December 4,2015. The Committee met today to discuss each application and a summary of their recommendations is attached. The Committee unanimously agreed upon the amounts awarded(ar declined)the applicants. MOVED BY CAMANN,SECONDED BY SHRIDHAR,TO FORWARD COMMITTEE RECOMMENATIONS TO RENTON CITY COUNCIL FOR APPROVAL. All AYES. MOTION CARRIED. ADIOURN The Committee adjourned at 3:33 PM December 16,2015 LTAC Meeting Minutes page 1 LTAC 2016 Approved Funding Recommendatians December 16,2015 App/fcant Name&Presenier Event/Project Name&Descrlpilon Requested Recommended Notes 1 Renton Technical College Reading Apprenticeship Conference $ 11,025 $ 2,500 The applicant is encouraged to Presenter: Liz Falconer (Application Part 1) Second annual track and report information on regional conference hosted by RTC and attendees and their economic the RTC Foundation,focusing on impact,particularly to the local strengthening literacy development of lodging industry. The Committee faculty at regional coNeges,to be also encourages the applicant to applied in classrooms and professional work with local hoteliers to learning communities. package lodging opportunities for multi-day stays. 2 Renton Technical College Reading Apprenticeship in STEM $ 28,565 $ 2,500 (see above) Presenter: Liz Falconer Training(Application Part 2) A 3-day seminar on Reading Apprenticeship for community college teachers in science technology, engineering,and mathematics. Participants will learn ways to engage students in powerful ways of reading academic and technical texts, and deepen their understanding of the I pedagogy of their disciplines 3 Renton Civic Theatre Presenrer: 2016-2017 Season $5,000 $ 2,500 The Committee encourages the Bill Huls Six(6)main stage shows per year,plus applicant to use funds to enhance a variety of special events and marketing to attract visitors from productions. outside the community and to n work with local hotels to package � overnight stays. z v n - m _ 3 � � � � lTAC 2016 Approved Funding Recammendations Detembec i6,201S 4 Seattle internatianal Film SIFF-Renton Film Festivai $20,Q00 $ 20,000 The Committee encourages StFF ta Festival 42nd annuat international film festival enhance collection of Renton Presenter: Nancy Kennedy to be held at the 1KEA Renton specific data through in-house PerForming Arts Center,with 18-20 surveys and to proaide iinks to films screened over seven days. Renton todging infiormation from their website. 5 Renton Chamber of Commerce Rentan Oktoberfest $12,500 $ 12,500 The applicant is encouraged to Presenter. Jahn Tharnburn Fifth annual,2-day famify-focused track and report information on event held at the Pavilion Event Center attendees and their econnmic in honor of Bavaria's Oktoberfest in impact,particularly to the local Germany,under the direction af Bold lodging industry. The Committee Hat Productions. also encaurages the applicant ta wark with local hoteliers to package lodgin�opportunities for overnight stays. 6 City of Renton Renton Marketing Campaign $50,000 $ 50,000 The Committee appreciated the Presenfer: Ulff Long Partnering with the lodging industry, partnership and previous efforts to the Rentan Community Marketing market Renton opportunities. The Campaign partners plan to highlight Committee encouraged the new Renton's unique features which set it strategy to include a strong I apart from ather cities,with methods element of tourism promotion, such as brand development, advertising and public relations,events promotian,and collateral development. � � � . '�',� � � ... m � � � . z � LTAC 2016 Approved Funding Recommendations December 16,2015 7 City of Renton Seahawks Rally $10,000 $ 10,000 While the Committee felt the Presenter. Preeti Shridhor A community celebration to either individual rally events were send the Seattle Seahawks to the primarily local celebrations, it playoffs(January)or mark the start of recognized the value of the the next season(September). associated media outreach and the Offerings to fans include meeting Sea valuable contribution the Gals and former piayers,free lunch, Seahawks organization brings to and vendor giveaways. Renton and the lodging industry thoughout the year. 8 Renton Chamber of Commerce Operation of Visitor Center $75,000 $ 75,000 The Committee encourages the Presenter: Vicky Boxter The Renton Visitor Center is open to applicant to move away from the public and accommodates visitor printed materials and rack cards to information needs and promotion of more electronic media promotion. Renton as a visitor destination in The applicant is encouraged to person,over the phone,and via partner with the Renton various forms of inedia (print,website, Community Marketing Campaign etc.). whenever possible. The Committee reserves the right to terminate funding if the Chamber relocates and ceases operation of the visitor center. ' 9 Renton Chamber of Commerce Aloha Weekend $15,000 $ - The Committee encourages the Presenter: Vicky Baxter A celebration of the diversity applicant to work together with Polynesian and other cultures in the the City of Renton to integrate this n Renton area through performing arts, event into the proposed multi- � music,dance,ethnic foods,visual arts, cultural festival. 111 interactive and educational exhibits, v and a global marketplace. n � � m 3 � � 3 � I,TAC 2016 approved Funding Retammenda#ions December 16,2015 10 Renton Charnber of Commerce Return to Rentan Car Show $5,Oq0 $ 5,000 The Committee encourages the Presertier: Ryan Runge As one of the most celebrated car applicant to use funds to enhance shows in western Washington,this marketing ta attract visitors from event has grawn by 10%yearly with an outside the community and to expected attendance of 5,000 people. work with local hotels to package overnight stays. 11 Arts Unlimited of Rentan Arts Unitmited 2016 Artx Events $18,000 $ - The Committee encourages the Presenter: Pau/Hebron Art events planned in 2016 and 2017 appiicant to work#agether with include Sketch Night,Art Waiks at the the City of Renton to integrate Farmers Market,Arts Unlimited baoth these evenis into the proposed at the Renton River Days Art Market, multi-cultural festival. and Music at the Chamber. 12 Tasveer Seattle Sauth Asian Film Festival $10,000 $ 7,000 The Committee encourages the Presenfier: Rita Meher Largest South Asian Film Festival in the applicant to work with local Pacific Northwest. 11th annuai hoteliers to package lodging festival,with screenings in Renton on opportunities for avernight stays Oct 14-15,2016,at Carco Theatre. and to li�k Renton hotel � infarmation from their websi#e. 13 City of Renton Rentan Farmers Market $1p,000 $ - The Committee recognized the Presenter: Carrie Olson For 17 weeks in 2016,the Renton positive impact the Farmer's Farmers Market will feature vendors Market brings to the community offering a variety of local products, but didn't feel the events bring informaian from non-prafit groups, lodging opportunities to local cooking demonstrations,and master hotels and therefore this isn't a � gardener clinics. The Renton�armers good match for ITAC funding. � i Market has been in operation for 14 1"11 years. Z . � � �.. m � � � , 4 � LTAC 2016 Approved Funding Recommendations December 16,2015 14 Carco Theatre w/ Renton FilmFrenzy $10,000 $ - The Committee appreciated the NW Film Forum The Renton FilmFrenzy is a 50-hour applicant's contribution to Presenter: Ken Saunderson filmmaking event,where competing supporting the local fiim industry filmmakers have from 5:00 p.m. but didn't see a direct benefit to through 7 p.m.on Sunday to write, the local lodging and tourism shoot,edit,and submit a four-minute industry as currently presented. film. The entire film must be shot in Renton. 15 Olympic Peninsula Fishing Atlantic Salmon Fly International Expo $20,959 $ 10,000 The applicant is encouraged to Innovations The expo features a focus on Atlantic track and report information on Presenter: Megan Brocco Salmon flies,and is an international attendees and their economic event with attendees from 17+ impact,particularly to the local countries. The event will be held at the lodging industry. The Committee Renton Pavilion Event Center. also encourages the applicant to work with local hoteliers to package lodging opportunities for multi-day stays. 16 City of Renton City of Renton Multi-Cultural Festival $20,000 $ 20,000 The Committee ecourages the Presenter: Casey Sianley The one day event titled, "World Wide applicant to work with the Renton , Day of Play" is planned by the City of Chamber of Commerce and Arts Renton Inclusion Task Force. Programs Unlimited to integrate their will include music,song,dance, programming into the festival. celebratory performance,crafts& cooking demonstrations,storytelling, illustrations of workers'culture,and � narrative sessions for discussing � cultural issues. z v . n _ m � � � 5 � roved FundinB R��om�'+�ri�a�ans 2015 yu�ite the committee agr�''-�this 4TAC 2416 APPDecembe�16� - $15,000 $ was a wonderfui co+rmunitY R�nton's�abeV���stRent n`s targest, event,it didn't apPear to • of Renton The one daY cor►tribute to increased lodging �7 Gt11 p MeJfaender n�ghts in Renton• Presenter: 5onj featuring st��e entertainment, rnultip{�PiaY statians and�ri a�nt niB&n the ftee KidZone+free face p hands-on activities,a va{IeYb�ti tournament,and a 20+minute freworks disP�ay• 2016 wiii mark the eyent's 14th Y�ar• _ ps presented,t�e Comm�tts to be a $35,� $ beHeved Renton�vettt but nat one Renton Rive�DaYs {85tiV8� nice communitY ��ty af Rentan �. The family-oriented cflm''�'��'� that contr�bUtied to increase 1�g Q M�j►aende crafts,visuat& IodgZng��P°rtu�ities in the area. Presenter: Son� includes arts& {�ad, re�t performing artsl recreation. T�e Committee did see 8 de with 85 potential for the event to have exhibitions,chiidren's activites,stage more��Qnom���mP�ct in the entertainment,and a pa{� entrie5& 1,900 participants in 2415. {uture. The partnership betH►een Renton Rwer 5 �nc,and the C�tY af RentQn has pay , b��n ongo+ng 51n��1`�g�'' orted the The Committee supP $15,Ot�1 � goals of the PoP'��eV�rits ta po .�p piazza 2416 attract more vis�tor tra�c to the R downtown core b��did not feei � 19 Cit't of Renton This event series focuses on senter: lohn Collun"� Showcasing R��t°n�s Downtown to the eVe�tS were best funde��ess, m Fre �isitars. tocated at h the tadging Tax p new and returnin8 throug Z the City's Piazza event eatu es food � outdoor evening yv�ne � trucks,ente�rta'nment,beer& Uest � "�1 retail,and speC1'��g m garden,poP'up � �ppearances. 386.04g $ 217.0� 74TA! $ p�'p . � 4 , � 6 AGENDA ITEM #8. g) -./""` c _--�� ITY OF enton � . • � . SUBJECT/TITLE: Lease Addendum Number One with Communities in Schools Renton (CISR) RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services STAFF CONTACT: Peter Renner, Facilities Director EXT.: 6605 , • . Expenditure Required: $ N/A Transfer Amendment: $ NJA Amount Budgeted: $ N/A Revenue Generated: $ 7,615.56 7otal Project Budget: $ NJA City Share Totat Prvject; $ N/A � • • � • The City of Renton has partnered with Communities in Schools Renton (CISR)to fulfill their mission to the students of the Renton School District. The City provides space and support as part of this commitment. CISR occupies space on the 5th floor of the 200 Mill Building and this Lease Addendum will continue this arrangement for the next year, with two additional one-year options by mutual consents. Lease payments have an annual escalator of 4%. : A. Addendum One � • • �� � Council authorize the Mayor and City Clerk to sign the Addendum. AGENDA ITEM #8, g) Rent`on � LEASE ADDENDUM NUMBER ONE THIS ADDENDUM to LAG-12-002 is made as of the day of . 2016, between the CITY OF RENTON, a non-charter code city organized under RCW 35A and State of Washington Municipal Corporation, hereinafter referred to as "CITY", and Community in Schools of Renton, Washington, a nonprofit corporation hereinafter referred to as "Lessee," hereinafter collectively referred to as the "Parties". The CITY and LEESSEE agree to addend LAG-12-002, attached as Exhibit One, entered into on the 14tn of May, 2012, as set forth below. 1. Term: The Lease term is extended by one year, with two additional one-year renewal options by mutual consents. 2. Pavments: Lessee will continue to pay the current monthly payment of six hundred dollars thirty four dollars and 63 cents ($634.63) plus Washington State Leaseholder Excise Tax of eighty one dollars and forty nine cents (81.49) for a total of for a total of seven hundred sixteen dollars and twelve cents ($716.12). The excise tax will be exempted if the Lessee has a non- profit excise tax exemption certificate from the Department of Revenue in force. 3. Monthlv Lease Pavment Adiustment: The rents shall be increased by four percent (4%) annually. All other terms and conditions of LAG-12-002 not specifically amended shall prevail and shall remain in effect. This Agreement is entered into as of the day and year written above. H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\CISR Add One 11 20 2015 11/20/2015 AGENDA 1TEM #8. g} LESSEE CITY OF RENTON Signature Signature Denis Caw,Mavor Printed Name and Title Printed Name and Title Business Name Maiiing Address City State Zip Telephone H:\Facilities\Facilities Director\Peker Renner\My Oocuments�Leasehoid�tiSR Add One 11 20 2pi5 12/20j2015 AGENDA ITEM #8. h) '�I��CITY OF � ����� � • '- � . SUBJECT/TITLE: King County Contract#EMS3342 -2016 Allocation of Funds RECOMMENDED ACTION: None; Information Only DEPARTMENT: Fire & Emergency Services STAFF CONTACT: Erik Wallgren, Deputy Chief, Response Operations EXT.: 7084 . . . Expenditure Required: $ N/A Transfer Amendment: $ N/a Amount Budgeted: $ N/A Revenue Generated: $ 1,281,368 Total Project Budget: $ N/A City 5hare Tatal Praject: $ N/A � • • � • Council approved the 2014- 2019 Basic Life Support (BLS) services contract on 1/27/2014. The distribution of funding is the annual entitlement of the 2014-2019 King County Levy funded from real property taxes. King County no longer requires an amendment to the original contract to receive the allocated funds. For 2016, the City of Renton's total allocation is$1,281,368.00 (City of Renton - $959,193; KCFD#25 - $108,745; and KCFD#40- $213,430). The City will be paid the total amount and the two Districts contracts will be reduced by their portion in 2016. : A. 2016 BLS Allocation Invoice B. 2016 BLS Allocation Chart � • • � � • N/A EXHIBIT 1 EMERGENCY MEDICAL SERVICES FUND 2016 -BASIC LIFE SUPPORT SERVICES INVOICE Agency Name: Renton Fire&Emergency Services Invoice Period: January-March 2016 Address: , INVOICE/PROGRESS REPORT Total 2016 Invoice Expenses To Budget Budget Amount Previous Total Date Remaining OPERATIONAL FUNDS Salaries&Benefits: EMT Salaries $ 1,281,368.00 $ 320,342.00 $ 320,342 $ 961,026 Other Salaries $ - $ - Overtime $ - � ' Employee Benefits $ - $ - Subtotal Salaries: $ 1,281,368 $ 320,342 $ - $ 320,342 $ 961,026 . Subtota/Employee Benefits.� $ - Subtotal Employee Salaries&Benefits: $ 1,281,368 $ 320,342 $ - $ 320,342 $ 961,026 , Other Costs: Medical Supplies&Equipment $ - $ - . Office&Computer Supplies&Equipment $ - $ - . Uniforms, Fire&Safety Supplies $ - $ ' . Dispatch � - . Communications $ - $ - . Vehicle Maintenance $ - $ ' Facility Costs $ ' $ - Training $ - $ ' � Misc. $ - $ ' Subtotal Other Costs: $ - $ - $ - S - a - , TOTAL 2016 BLS: $ 1,281,368 $ 320,342 $ - $ 320,342 $ 961,026 , l, the undersigned, do hereby certify that the materials have been furnished,the services rendered or the labor performed as described herein,and that the claim is a just,due and unpaid obligation against the County of King,and that I am authorized to authenticate and certify to said claim. n c� Provider Signature Title Date m , Z For Health Department Use On/y n Purchase Order t# PH Program Name Supplier Name PH Program# Supplier# Oracle CPA !� Supplier Pay Site �escription to print ��� Invoice Date on remittance: � Invoice# Note: � Amount to be Paid � . `� AGENDA ITEM #8, h) AGENCY � Cont�act Number � 2016 Aliocatian ' Bellevue Fire Department � EMS331Q � $2,191,255 Eastside Fire & Rescue � EMS3329 � $1,484,242 Redmond Fire Qepartment � EMS3374 � $1,000,549 Kirkland Fire Department � EMS3362 � $924,738 Kent Regionai Fire Authority* I EMS3330 � $1,730,454 SeaTac Fire Departmen# Sauth King Fire & Rescue � E�IfS3308 � $1,416,468 Renton Fire Department EMS3342 ����,.„���_ .w,.. °�� Fire District#25 Fire District#40 Mercer Island Fire Department ( EMS3317 � $434,821 Woodinville Fire & Rescue � EMS3334 � $542,766 Valley Regiona! Fire Autharity � EMS3336 � $804,529 Shoreline Fire bepartment � EMS3333 � $676,28i Fire District#2 (Burien) � EMS3341 � $433,185 Fire District#16 - Northshore ( EMS3349 � $371,193 Tukwila Fire Departrnent � EMS3360 � $414,319 Fire District#43 - Map(e Valley � EMS3335 � $44�4,616 Bathell Fire Department � EMS3372 � $365,732 Fire District#13 -Vashan/Maury ( EMS3331 4 $200,570 Fire District#44- Mountain Visw � EMS3338 ( $307,239 City of Black Diamond � EMS3361 f $55,994 Snaq�aimie Fire Department � EMS3299 � $101,222 Enumclaw Fire Depa�tment � EMS3325 � $307,427 Fire District#45 - Duvall � EMS3332 � $162,806 Fire District#11 - Narth Highiine ( EMS833S � $450,895 Fire District#20 � EMS3302 � $190,023 Fire District#27 � EMS3321 � $103,441 Fire District#47 � EMS3337 � $24,501 Fire District#50 -Skykomish � EIVIS3319 � $46,055 Fire District#51 - Snoquatmie Pass � EMS3392 � $26,828 Pierce County � EMS335o � �3,aaa AGENDA 1TEM #8. h) 2016 BLS Allocations Agency 2016 2015 � % Change Bellewe Fire Department $2,191,255 $2,139,517 2.4% Eastside Fire & Rescue $1,484,242 $1,457,559 1.8% Redmond Fire Department $1,000,549 $977,958 2.3% Kirkland Fire Department $924,738 $903,169 2.4% Kent Regional Fire Authoriry* $1,340,123 $1,308,628 2.4% SeaTac Fire Department $390,331 $382,770 2.0% South King Fire & Rescue $1,416,468 $1,386,640 2.2% �.�"..,.:x9 Renton Fire Department � . °:1:93 $936,406 2.4% Fire District#25 �� �p\� ��:f} , .4�� $107,241 1.4°/a Fire District#40 �` •� ► $210,357 1.5% .��� Mercer Isiand Fire Department $434,821 $425,735 2.1% Woodinville Fire & Rescue $542,766 $533,266 1.8% Valley Regional Fire Authority $804,529 $787,029 2.2% Shoreline Fire Department $676,281 $661,817 2.2% Fire District#2 (Burien) $433,185 $423,185 2.4% Fire District#16 - Northshore $371,193 $363,464 2.1% Tukwila Fire Department $414,319 $405,792 2.1% Fire Distri�t#43 - Maple Valley $444,616 $438,223 1.5% Bothell Fire Department $365,732 $360,332 1.5% Fire District#13 -Vashon/Maury $200,570 $197,337 1.6% Fire District#44- Mountain View $307,239 $304,253 1.0% City of Black Diamond $55,994 $55,302 1.3% Snoqualmie Fire Department $101,222 $98,478 2.8°/a Enumclaw Fire Department $307,427 $303,367 1.3% Fire District#45 - Duvall $162,806 $160,332 1.5% Fire District#11 - North Highline $450,895 $444,267 1.5% Fire Disfrict#20 $190,023 $186,650 1.8% Fire District#27 $103,441 $101,895 1.5% Fire District#47 $24,501 $24,263 1.0% Fire District#50 - Skykomish $46,055 $45,607 1.0% Fire District#51 - Snoqualmie Pass $26,828 $26,605 0.8% BLS Contracts � $16,493,517 � $16,157,444� 2.1% � *Single contract under Kent RFA AGENDA ITEM #8. i) �__.._. � CITY OF � � ����� ' • •- 1 . SUBJECT/TITLE: Project Acceptance:Airport 800 Building Upgrade with Forma Construction Company-CAG 13-149,Work Order 19-14 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 . . . fxpenditure Requ'rred: $ NjA Transfer Amendment: $ NjA Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $241,423.42 City Share Totaf Rroject: $241,423.42 � • • � • Notice to proceed was issued to Forma Construction Company on August 21, 2014 for the 800 Building Upgrades project, under CAG-13-149, Work Order 19-14. The project was completed on November 17, 2014. The total contract amount is$241,423.42, including change order 1. All necessary documentation has been received to initiate the closeout of this project. : A. Certification for Release of Contract Retainage B. Notice of Completion of Public Works Contract D. Final Pay Estimate � • • � � • Approve the close out of the 800 Building Upgrades project under CAG-13-149,Work Order 19-14 with Forma Construction Company, in the amount of$241,423.42 with a completion date of November 17, 2014. AGENDA ITEM #8. i) Certification for Release of Contract Retainage CAG#: 13-149 WO#19-14 Project Title: 800 Building Upgrades I liereby certify, as Project Manager representing the City of Renton,that: 1. All work required by the above cited contract was coinpleted on 11/17/2014. 2. Acceptance by the City Council was granted on . If City Council acceptance is not required (contracts less than$150,000), see acceptance by Mayor or Department Head below. (Reference Renton Policy and Procedure 25q- 02.} 3. No liens have been received within 30 days of completion date from any persons, subcontractors, or rnaterial men, who have perfonned or provided any work or material on subject contract. 4. All Intents to Pay Prevailing Wages and all Affidavits of Wages Paid (including all subcontractors)have been verified and copies have been forwarded to Finance. Y ..,--�,. ��.'"��-�'�` I ' � . 1 s�." Proj�ct Manager Date Department Head Level Acceptance Date (Small Works Roster Under $35,000) (Single Craft/Trade Under$40,000) (Multiple Craft/Trade Under$65,000) Mayor Level Acceptance Date (Small Works Roster between $35,000- $150,OQ0) (Single Craft/Trade between $40,000- $150,000) (Multiple Craft Trade between $65,Q00- $I SO,Q00) AGENDA ITEM #8. i) ..� De�is Law C11�Of � Mayor �.��k ... � � t .;��...�,....,. �, �,.�,. + s! � � � Renton Municipal Airport,Clayton Scott Reld Public Works Department lanuary 9,2015 Lon Weaver Forma Canstruction Company 1736 Fourth Ave S,Suite B Seattle,WA 98134 RE: 800 Building Upgr�de—CAG 13-149 WO#19-14 � Dear Mr.Weaver: This letter is to confirm that the Physical Completion Date fo�the above-referenced project is November 17,2014. All contract work items have been completed according to the plans, specifications,changes,and any instructions by authorized project personnel. if you have questions,please contact me at 42S.430.7477 or by email at iwilsonC�rentonwa.�tov. Since�ely, . ...---i'G--'-''�---- Jonathan Wilson Airport Manager cc: Susan Campbeli-Hehr,Airport Program Specialist 616 W Perimeter Road,Unit A • Renton,Washl�gton 9805� • rentonwa.gov AGENDA ITEM #8. i) ��y aKxrg a� o, • � ❑ Original � � ' � ❑ Revised# Jy � p�'� y'�ta89`-� NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 01-09-2015 Contractor's UBI Number: � Name_&Mailing Address.of Public Agency � Depar,tirient L'se Only t;ity ot Renton Assigned to: Attn: Natalie Wissbrod 1055 S Gradv Wav, Renton WA 98057 Date Assigned: UBI Number: Notice is/aereby give�r relative to the conepletion of ca�:tract or project described below Project Name Contract Number ,�Jo{b Order Contracting Renton Airport 800 Building Upgrades �CAG-13-149 WO#19-14 i tY! Yes ❑ No llescription of Work DonelInclude Jobsite Address(es) Retrofit existing corrugated roof and install new roof, demo roof penetrations, remove ductwork and piping and install radiant heat. FederaUy funded transportation project? ❑ Yes L1[J No (if yes,provide Contract Bond Statement belo�v) Contractor's Name E-mail Address Affidavit ID* Forma Construction Co. Ipeggya@formacc.com I553575 Contractor Address Telephone# PO Box 11489,Olyrnpia WA 98508 I206-626-0256 , If Retaiaage is not�vithheld,please select one of the following and List Surety's Name&Boad Number. � Retaitlage Bond ❑ COritcact!Paytnent bOrid(valid for federally funded transportation projects) Name: �Bond Number: Date Contract A�varded Date Work Commenced Date Work Completed Date Work Accepted 08/21/2014 I O$/26/2014 I 11/17/2014 �11/17/2014 ... �- — : - - ... _. .. .... .:. .. . ._�._.._ ,.. , _ Were;Sybcontracters.ased on this, co ect?If so. _lease:com.IefeAddendum A,:__, [�JYes � �_ P d �P .._..R_.�. N,4:__.._ . _�. _.. ., :-•-,.. ._.:...____._ -__�..,._ . ... — ----- ... . __ . A`f6davit ID*-:No L&i release wilT be granted qntil all affiilavits are`lisked. Contract Amount $ 214,347.64 Additions (+) $ 6,130.37 Liquidated Damages $ Reductions (-) $ Amount Disbursed $ 241,423.42 Sub-Total $ 220,478.01 Amount Retained$ 0.00 Amount of Sales Tax g•5 (IE'various tates apply,please send a breakdown) $ 20945.41 TOTAL $ 241.423.42 TOTAL � 241,423.42 NOTE: Tltese two totals n:ust be equal _ . . _.. .. Gomments: -. �. Note:The Disbursing Officer must submit this completed notice immediately after acceptance of the work cione under this contract. NQ PAYMENT SHALL BE MADE FRQM RETAI;VED FtJNDS until receipt of all release certificates. Submitting Form:Ptease submit the compteted form by email to lla three agencies below, COntaCt NalCie: Natalie Wissbrod 7'1t16: Accounting Assistant Email Address: nw�ssbroa@rentonwa9ov Phone Number: 42e-aso-ss�s �DapaRment of Revenue Washinqmn Sfaoe Dc�nc ei Employment Securlty � Pu611c Worka Sectton Qepartment (360j 70M5650 �Labor& Industries Reglatration,Inqufry, Contraet Relsaae SWndards&Coordination PWC@dor.wa.gov {855)545-8163,option#4 Unit ConVaclRefease(�,D�NI.WA.GOV (360j 502-9450 publ icworks(g�esd.wa.gov REV 31 0020e(4,28:14) F215-038-004 04-201� Addendum A: Please List all Subcontractors and Sub-tiers Betow 8' �� This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be eraoted until a11 affidavits are listed. Subcontractor's Name: �UBI Number:(Required) �Affidavid ID* Hammer Construction � 603286373 � 552686 Eco Eiectric � 602733400 � 552778 Wrecking Ball Demolition LLC � 601878379 � 536219 Washington Heating&A!C Inc � 601962099 � 551302 Quicktin Inc I 602289864 I 551686 � � � � � � � � � � � � � � � � � � � � � ( � � ( � � � � � I � � � � � � � � � � � � � � � � � � � � � � ' � � � � � � � � � � � � � � 1 � I I I I I 1 i I I I I I For tax assistance or to request this document in an alternate format,please call 1-800-647-?706.Teletype(TTY) users may use the Washington Relay Service by calling 711. REV 31 0620e Addendum{Q4128/14) F215-03$-000 04-2014 AGENDA 1TEM #8, i) TO: �INANCE DIRECTOR FROM: AIRPORT MANAGER CONTRACTOR: Forma Construction Company CONTRACT NO. CAG 13-149 WO#19-14 ESTIMATE NO. 3-FINAL PR07ECT: Airport 800 Building Upgrades DATE: December 30,2014 l. CONTRACTOR EARNINGS THIS ESTIMATE $20,238.54 2. SAI.,ES TAX C 9.5% $1,922.66 3. TOTAL CONTRAGT AMOUNT THIS ESTIMATE $ 22,16120 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $200,234.47 5. * EARNINGS DtJE CONTRACTOR THIS ESTIMATE $20,238.54 6. SCJBTOTAI,-CONTRACTOR PAYMENTS $220,478.01 7. RETAINAGE ON PREVIOUS EARNINGS $0.00 8. ** RETAINAGE ON EARI�IINGS THIS�STIMATE $0.0a 9. SUBTOTAL-RETAINAGE $0.00 10. SALES TAX PREVIOUSLY PAID $19,022.75 11. SALES TAX DUE THIS ESTIMATE $1,922.6b 12. SiJBTOTAL-SALES TAX $20,945.41 * (95%xLINEt) ** (RETAINAGE: GRAND TOTAL: $241,423.42 FINANCE DEPARTMENT ACTIOfV: PAYMENT TO CONTRACTOR(Lines 5 and i l): ACCOI.TN'f 422.725088.016.594.46.63.000 $22,161.20 $22,161.20 RETAINED AMOLIN'I'(Line 8): ACCOUNT $0,00 TOTAL THIS ESTIMATE: $22,Ib1.20 CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION T �.:h�f'v'ah'�,,, "t�EBY C�R?"�';h"��F�N4 tY,;� F`''.: G`.THA"Trt M�1`FR,+'uC Hly� �r.-�k,K'rt.;�"� r,�s' �zitv"..';R�N:_t�?�":'k T!_ Ar�;;R'iR�'�n�A�;AS ;,S.��r N'R�'v,ANi� rd" . ;..A�"d!<A ._ ,�;.; A,"iJ,;^��A:. "H �A.TGR ACAaN�' ,"G�,,Y i,� R��,',`:tv,AP:"HAT AN p,_��t`�'F.: "p -,+cti`'s,p'_An',.�R`Ft'. �P9�; ,_a!A C..,�vE' - %'G.i-''"�/ C......-�- G✓�C- .�'�" —r' l AGENDA ITEM #8, i) � �:::•:.:�GONTRACTNO:•?:•:4:�:•:•:<•;:INVtdC�ibit�-:•:•::�:�I'.•:-::iNV6itEeiB::�:<�: ��������� � CAG-13-149 ---"'°`�i��ri�r�r� �-;��-: Wo#�9-14 ( 1/9/2015 I 3 � _� VEN�OR'S CFRTIflCATE.I tiEAEB'/GERTIFY 11N0ER PEPIItLTY OF PERJUFIY THAT THE ITEMS AND� 70TAL8 L1S7ED HEREIN ARE PROPER CFWIGES FOR MATEAIALB,NERGFYWDISE OR BERNCES ............................���:•i41GENC.Y.�IQAME•.<{':�,•.'i:•.•.�:{�i:{•.•.'.•:•.•.�:ti< FlMNISHEOTO7HESTATEOFWA6MNGTON.ANOTHATNIGOOOSFUHNtSHE�ORSEANCE3 . ..... ............. ���---� RENOEREpHAVEBEENPRONUEDWfTMOUTWSCRiMINpTONONTHEGAbUNOSOFMCE. CREED,COIOR,NATIOWtL ORI61N,SFX,OR AGE;TtU7 pREVNLJNG WAtiE3 HAVE BEEN PNO 1N ACCORDAHCE W RH?IiE PPEFlLEO STATEMENT OR STATEMEMS aF INTEM ON FILE WITH TNE RentonAi Olt DEPARTMENTOFLABORANDIN�USfRIESA9MPROVEpBY7MEIN0U57AUtl.STATISi1CUW; � M1ND THATALL SUB CONTRACTORS AND fOR BUPPLlHiS}iAVE 6EEN PAIp LESS EqRNEO 616 PerimeterRd W RETMN1tC?EIl4THQRtNTERESTMPERRmINTHEL467PAYMFNTRECpVE�. Renton,WA 98057 PM In Charge: Jonathan Wiison Forma Job# 14075-19 ; City af Ranton Job i119 Confmclfor. Renton Airport Building 800 Upgrades ,� Lacation: Renton Wa 98057 :.•.•.•.�:.-.•.:.•.•.�.�.�.::............. . ; :.�.:.:.:.:.:.:::..:<.;.:<.:.:.:.:c.:.:.:.;.:v�N.[koR:O�t:CUtllNkN..T.:<:::::::�:�::;:::;':;::>::>: .. FEDERAL TAX ID O,: i ,^� 91-13 9 9904 Forma Construction Co. FNLURE70PROVI�IE WIL�,RE9U�TWDE YOFPAYMEM. PO Box 11489 eY: ; � � ��^• Olympia,WA 98508 v SGNMWK Trr�e: Project Manaqer •:•:�:DESCRIP.IIQN<_:.:.:,::•:•>:•:�:�:�:•:•:<�:•::•:�:•:<•:�::<•:C<�:•:C•:�:•:•:�:•:<•:•:•:•:-:�:::•:•:•:•:•:�:::•::•:•�:•:•:�:�:•:•ANIOUNT:•:�:�:;�::•:�:•Ft]R•A6ENC�'•::• :1�: . . . ��I•: �'�16E':::?%:::: � •:::�.'.�::'� �:��: .� ` Total Earned to Date I $220,478.01 � � I�':= . IPlus 9.5% Washington State 5ales Tax ( $20,945.41 I:�:>`;:;���::`:�;<�;>:�:":`': I Gross Earned to Date � $241,423.42 :�: • I�.� - ( LBSS �% Retained IRetained Percenlage on Total Amount Eamed to Date� I $a.00 ' ,'. . INot Inciuding SalesTa�c (:�:�:�:�:�'�:�:�'�:�:::���:�:��:�: I + � Net Earned to Date $241,423.42 •: I.�'�.<�:�»>'�'�����'�:�'�:�:�: I less Previousiy Invoiced $219,262.22 := �� ��� � I�..'.:.'.':;_:��;::::��`:;;?: I AMOUNT DUE THIS INVOICE I $22,161.20 :• ... I. - I I (:�, . II I:'�:::::::':'<�:>::::'::'':�:: I I I::.�. . I I (::���;:;:;:�:;:;;:;'�:':;�;:;:;:�: ?REPAftEO 9Y I7EIFPHONHNUMBER (OATE IAGENCYAPPROVAL �OA7E.. . OOC-OATE (PbTTOUEUATE IClH2pEMpOC.NO. IREFOOCNO �VEN6qqNUMBER I tJSE IVENOORMESSAGfi IU6INUMBER � � SIlF I COOE ! p I �O I INDEX I INOEX[.08.1':IQ&H� WOEX ( A OC � UWT I TOWN�.;'PR,dJEGT:.:�:a:l:...;:�.:.:.� PMOUNT I NJVOICENUh18ER II ( � I �'.'�'�'�'I'•'•'•'•'•1 I I I �'.���:�:C-'�'<•:����':�:•:�':{•.•:'.•i:?� I � I I I ( �i?:•::�'':•}i}� I I I I�:.:�:�.�>':�:�:�1':':<�}I:,{:;:}:.::�}:I .... .. . ____ ....__..... __�`_ ___."__----' --___._. .I.. . '•I . .._ ._ .� ..... ,... - .......�.'.•.• ....... . :�_..:.:� . . ..... . .!..... .......,.. ..... .'.•.'.' ...... ... .....':.. .. .... . ., ... .: : ......�:.'.'.• .. ... ... .•1 '::.'•�'. .1 I .»_�_�,+:,:.;• '''': �.---•+-..--....,...�+.�.a.,•...�.,.....r. .. ...____..� I .'.'.•.'...':':.' - I I ! I ` �+-�.. .., �: .. : .'�........._.:.:.�...� _...._.. � � I I ""_.��.....'.:••."�'.v� I � I . �:...... ...::!".'.'i.'.!.�.'I .. ItPPROVEDFORPAYMENTBY 0�7E WMMNT70TAL WAf2R1WiNUMBER 1407Fi-1Q Irnr# Fi/#1 FINA1 vi� i � AGENDA 1TEM #8. i) � STATE OF WASHINGTON � APPIICATfON AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For per}od irom: 11/1/2015 to 11130/2015 contract tor. Renton Airpott Buiiding 800 Upgrades oate: 1l912015 �oca�ion: Renton Wa 9805? Certificate No.: 3 contractor. Forma Construction Co. consrac�No.: cn�-�s-�aewo��s-�a Originai Contract Amount $220,478.01 Net change in Contract Amount to Date: $0.00 Adjusted Contract amount $220,47$.a1 •rtEM:::::'�?::�:�:%SCHEDUL•EOF VA,L'U.�i�:�:�:;:<.:.:.:.:;.•:•:<;ESTflJIATED::�?:':::::;:;C;iafsAQUNT:;:.:C;;�:':�:-::%;:;.;:':.:,:�?RE.17fQUSLY.:;:.::.:�:�:-i:.`:�i�IIS;::�:�:>:�::�: :�t�:'.::::::�:::::::.:::::::::??.:�:'p�#"AlL.......�.......... .....:YR4UE.:::�::�: �:�:�:�:.:�:�E7�t�3N�D.....:�:��:�:::>::. ..:•:�Cl:�tiM�{7:•'�::•:.�>:�:->:�iNV4lCb::�>:�:�:�: � Genera(Conditions $39,858.30 $39,858.30 � ioo^�o $37,000.40 $2,858.30 2 Site Construction $1,620.7Q $1,620.70 tioa% $1,620.70 $0.40 a Concrete $0.00 $0.00 #DlVlal $0.00 $0.00 a Masanry $200.48 $200.48 �oo°io $20o.48 $0.00 s Metals $12,22Q.66 $12,220.66 �00% $12,220.66 $Q.00 s Woad&Plastics $0.00 $0.00 #oN/ni $0.00 $0.00 � Thermai&Moisture Protection $85,694.16 $85,694.16 ioo°� $85,694.16 $0.00 e Doors,Windows&G1ass $0.00 $0.00 #DN101 $0.00 $0.00 s Painting&Finishes $0.00 $0.00 #otv�oi $0.00 $0.00 �o Specialties $0.00 $0.00 #DN/01 $0.00 $0.00 » Equipment $0.00 $Q.DO #oivtoi $0.00 $0.00 �2 Furnishings �0.00 $0.00 #DNlOI $0.00 $0.00 �s Special Construckion $273.09 $273,09 100% $273.09 $0.00 �a Conveying Systems $0.00 $0.00 #oivta� $0.00 $0.00 15 Mechanical $70,251.72 $70,251.72 ioa^ie �55,000.00 $15,251.72 �s Electrical $4,228.52 $4,228.52 �oo°� �2,100.00 $2,128.52 n Non Priced Items $D.40 $0.00 #oiviai $0.00 $0.00 Se Changes #DN/01 �s Chenge Order#1 $6,130.38 $6,13D.38 10D°k $6,130.38 $0.00 $0.00 $�.DO #DN/01 $0.00 $0.00 SUBTt7TAL $220,478.01 $220,478.01 �o0°b $200,239.47 $20,238.54 TAX 9.50°/a SALES TAX �20,945.41 $20,845.41 $19,022.75 $1,922.66 TOTAL $241,423.42 $241,423.42 $219,262.22 $22,16'1.20 Less Retainage. 0% ......................... '' ., . $0.00 $0.00 � $Q.00 NET $241,423.42 $219,262.22 � $22,161.20 Less Previous Payments.... $219,262.22 Additional Tax 0.00°/a $0.00 $0.00 AMOUNT DUE THIS ESTIMATE $22,161.20 $22,161.20 This Ia to eeANy Nel ihe eoniradar,AeWng�emplied wah Ihe lemn anC mntlMbns of IAe ehove m�nUwwd conlra�t,k tlue and peya6ie imm the SWe of Washinglm� th�amauM pl siler•AA70LRJT QUE THiS ES7IMATE" Forma Construction Co. ��� ''��`^� �'�/�`"� (p���D Fl�� {Mchitea ar Enpinee� ��.����--_��'( 1 Bv ��--��' �----" G,•-� 4--S r-^/ _ _ � _ ____ smNwevK r sicNtivoiure 1 14075-19 Inv#3 REV#1 FINAL.xIs � AGENDA ITEM #8, i) ' � City of Renton, Communi#y Service Department Purchasing & Contracting Services Division Revised 10/06/09 Public Works Prevailing Wage Certification Project: Citv of Renton JOC— Renton'Airqort Buildinq 800 Upqrades PW#: CAG-13-149 WO#19-14 Contractor Name: FORMA Construction Companv ! certify that the prevailing wages have been paid in accordance with the pre-filed Statement(s) of Intent to Pay Prevailing Wages on file with the Purchasing 8� Contracting Services Division af the Department of Finance and Administrative Services. This statement covers the following period: 11/0112014 to 11/30/2014 month/day/year month/day/year The following subcontractors performed waric on this project during this payment period: I Subcontractor Name UBI# I Statement of Intent I Submitted to PCSD? � ( Eco Electric 6Q2733400 � X YES ❑ NO ` Wrecking Ba11 Demolition LLC 601878379 i X YES ❑ NO � IHammer Canstruction I 603286373 � X YES ❑ NO Washington Heating&A/C Inc f 601962099 I X YES ❑ NC) I 1 1 ( Quicktin INC I 602289864 � X YES ❑ NO ( I . ❑YES ❑ NO II ❑YES ❑ NO II ❑YES ❑ NO � 1 I ❑YES ❑ NO ( � � I I ❑YES ❑ NO ! � � ❑YES ❑ NO � � ( � ( ❑YES ❑ NO � � f I ❑YES ❑ NO � � This document shall be signed by an authorized representative of the Contractor prior to payment pursuant to RCW 39.12.040. Forma Construction Companv �r�tra tor .-�—� -�.�r� � 7�.s ignat Date This Certification must be attached to each Progress Estimate along with any outstanding Statements of Intent to Pay Prevailing Wages. The City will not approve payments if fhis Certification or any Statements of lntent to Pay Prevailing Wages are outsfanding. AGENDA ITEM #8. i) SECTION 00 73 03 " SUPPLEMENTARY CONDITIONS -FINAL SUBCONTRACTOR UST For public works contracts over$35,000 and completed after September 30, 2009, public agencies must not pay any retained funds to the contractor until the Depa�tment of Labor& Industries {L&I) has approved the release of payment. Part af obtaining L&1 approval requires public agencies to provide a complete and final fist of afl subcontractors' who worked on the Project with each respective Tax Registration Number(UBt No.). As a result, the Contrac#or shall submit a final list of its project subcontractors and UBI numbers, and shall submit this Final Subcontractor List with the final pay application. Work Order No. CAG-13-149 WO#19-14 � Prime Contractor Name: � UBI Number � Affidavit ID � � Forma Construction Company � 600604496 ( 553575 � � � � � � Subcontractor Name ( UBI Number � Affidavit ID � � Hammer Construction � 603286373 l 552686 � __ � Eco Electric � 602733400 � 552778 ( Wrecking Ball Demolition LLC � 601878379 � 536219 ( Washington Heating &A/C Inc � 601962099 � 551302 � Quicktin INC � 602289864 I 551686 � � � � ( � � ( � ( ( � � N � � � � � ( � � � � � � � � � � � � � � � ( � � ( � � � � � { � � I I I I I I I I I I I I I I I I __ I � I I I I END OF SECTION 1 L&I defines this as the prirne contractor,and each and every subcontractor,required to be registered under chapter 18.27 RCW and/or licensed under chapter 19.28 RCW,that perform any work on a public works project site,and/or is required to pay industrial insurance premiums as a construction company. I#an Intent to pay prevailing wage for the sub was filed,the sub should be listed here regardless of tier. 13 March 2013 00 73 03-1 AGENDA ITEM #8.j) --�'�"��� - CITY OF _,....�i � enton � . �. , . SUBJECT/TITLE: Project Acceptance: Citywide Safety Improvements with Pioneer Cable, Inc. - CAG 14-104 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Michelle Faltaous, Engineering Specialist III EXT.: 7301 . . . Expenditure Required. $ 185,795.95 Transfer Amendment: $ NjA Amount Budgeted: $ 256,668.00 Revenue Generated: $ N/A Total Project Budget: $251,528.78 City Share Tota( Project: $ N/A � ' • � • The project started on November 21, 2014 and was completed on lune 17, 2015. The original contract amount was $245,235.00. The final contract amount was $251,528.78.The project exceeded the original contract amount by$6293.78 due to the need to conduct tree trimming and install a concrete retaining wall designed to protect the equipment. The final contract amount of$251,528.78 is still within the total amount budgeted of$256,668.00. : A. Notice of Completion of Public Works Contract B. Final Contract Voucher Certificate C. Final Pay Estimate � • • � � • Accept completion of the project and of the final pay estimate in the amount of$185,795.95, subject to receiving the required certifications. �ST"r� A G��4�1 TEM #8.j) �a .. _..�. � : -. � _ _;:;;. �< ❑ Revised# �N� '��ti NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: December 15,2015 Contractor's UBI Number: 600-464-320 Nxme&MaiHag Address of Public Agency � Dcpartment Use Only � City ot Henton Assigned to: 1055 South Gradv Wav Renton, WA 98057 Date Assigned: UBI Number:177000094 Natict is hereby given relative to the complehon of contract or project described below Project Name ( ContrAct Number I �ob Order Contracting Citywide Safety Improvements Pro�ect CAG-14-108 ❑ Yes dNo Description of Work UonNlnclude Jobsite Address(es) Address:Various Locations Throughout the City Desc�iption:Construction of a new HAWK signal system,sidewaik and curb ramp improvemerrts at one intersection;modification of existing pedestrian signal systems with countdown pedestrian heads at 20 locations in the City;and temporary tra�ic contral. FederAlly funded trAasportatlou project? t�l Yes ❑ No (ff yes,provide Contract Bond Statement below) Contractor a Name E-ma11 Address At�idavit 1D Pioneer Cable Cont�actors, Inc. (DGunter@Pioneer-Cable.net I597762 Contractor Address TNephone# PO BOX 2868 Everett,WA 98213 I(425)754-1692 I!Retainage is not withheld,pleaae eelect one of t6e following and List Surety's Name&Bond Nnmber. ❑ Retaina�e Bond � Contract/Payment bond(valid for federally funded transportation pmjects) Name: MCM-The Ohio Casualty Insurance Company �BondNumber: 023028012 Date tontract Awarded Date Work(,ommenced Date Work Completed Date Work Accepted October 20,2014 November 24,2014 August 6, 2015 Were Subcontracters used on this project?If so,plesse complete Addendum A. [�JYes ❑No Affidavit ID•-No I.&I release will be granted unNl all affidavits aze tisted. Contract Amaunt $ 245,235.00 Additions (+) $ 8,053.10 Liquidated Damages � 0.00 Reductions (-) $ 1,759.32 Amount Disbursed$ 251,528.78 Sub-Total $ 251,528.78 Amount Retained$ 0.00 Amount of Sales Tax 0.0 (If various rates apply,please und a breakdown) � �.00 TOTAL S 251.528.78 TOTAL $ 251,528.78 NOTE: These two totals mast be equal � Comments: Note:The Disbursing Offieer must submit this completed notice iaunediately after aceeptance of the work done under ihis contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all retease certificates. Submitting Form:Please submit the completed fotm by anail W all three ageacies below. COntBCt Nsme: Natalie Wissbrod Title: Axounting Assistant IV Email Address: nwtssbrod�rentonwa.�ov Phone Number: 425-430-6919 D�pa�ln.ns or Rw�nu. washingmn snoe ocparoncn,or � ��M�u'� � PublkWorluS�etion Labor& Industries (380)T04-5850 Contract R�Itss� Ft�Ylstratlon,lnquiry� PWC�dor.ws.0� (8S5)545-8183.op8on N 4 atanduds 8 Coordin�tlon ContrsdReleaae�lNI.WA.GOV UnR (380)902-945� publicwaks�esd.wa.gov REV 31 0020e(4128/14) F215-038-000 04-2014 Addendum A: Please List all Subcontractors and Sub-tiers Below AGENDA ITEM #8, J� This addendum can be suhmitted in other formats. Provide known affidavits at this rime. l�io L&I release will be�ranted untit alt affidavits are listed. �Subcontractor's Name: �UBI Number: (Required) �Affidavid ID* ADVANCED GOVERNMENT SVCS INC � 602-304-323 ( 583634 APPLY A LINE INC � 600-553-941 � 585193 DAVIDSON MACRI SWEEPING INC � 601-438-295 � 584653 HORIZONTAL TECHNOLOGIES,ING � 602-960-737 + 600786 LAVELLE VAC&DRAINAGE LLC � 602-318-053 � 563905 MT Sf CONCRETE CONSTRUCTION + 601-651-238 � 587069 PIONEER CABIE CONTRACTORS INC � 600-464-320 � 597762 SUPERIOR ASPHALT MAINT INC � 601-702-116 � 581868 WILSON CONCRETE CONST INC � 602-168-956 � 585155 � � � � � � � '� � � , � � � � � �+ ( r � � � � � � � � � � � � � � � � � � � � � � � � f � � � � � � 1 I I ' I I { I I I I � l I I I � I I ! I I I I I � � I For tax assistance or to request this document in an alternate format,please call 1-800-647-7706.Teletype(TTY) users may use the Washington Re[ay Service by calling 711. REV 31 0020e Addendum(04/28/14) F215-038-000 04-2014 AGENDA 1TEM #8.j) .ti^� o • j � Final Contract �''���°� Voucher Certificate �Contrador � Pioneer Cable Contractors,Inc. sureet Addross PO Box 2868 �y State Zip Date Everett I WA I 98213 December 15,2015 Contrad Number Federal-Aid Projed Number Highway Number �`�-�'�-�� I HSIP-005(323) Contract TiGe Cirywide Safety Improvements Project Date Work Physicaly Completed Finat Amou�t August 6,2015 $ 2S 1,528.78 , Contracto�'s Certiflcation I,The undersigned,having first been duly swom,certify that I em authorized to sign for the daiman�that in connection witt�the work perf�med and to the best of my knowledge no loan,gratuity or gi(t in any fortn whatsoever has been extended M any employee of the City of Renton nor have I rented or purchased any equipment or materials from any ernployee of the City of Renton; I further certify that the attadied flnal estimate is a true and correct statement showing all the monies due me trom the City of Renton for work perFortned and ished under this contrad:that i have carafuliy e�mined said final estimate and understand the same and that 1 � ily of Renton from any a�d all claims of whatscever nature which 1 may have,arising out of the performan o \ re not set forth in said estimate. o�� p��F ° NOTARY �' �� PUBLIC r ble Contrac�s'u�c. �izai!signature �'; ,o-3,.Zo,s ,�o= Ke il� I�.� �, � ��r � d�e �c�`�F WASN��� P�inted slgnawra —� � Subscxibed and swom �. 's ' �� day of } �'� 20 t� • ,x � Notary Pubtic in and for tbe State of ��� Notary Sipnature � ,� yU`?r�" residing at <<:�1'Yl. a i KPG, Inc.Certiflcation I,aeRify the attached final estimate to be based upon adual measur�emeMs,and to ber true and comec�.. �( //[ %��--/�,'' �Z.�Z �ii�/S Na�i Moiuoe,KPc,�nc.�a Manaper s-�aa,re ApEu6vea�ate City of Renton Use Only City of Renton hereby aa;epts the complet�ed contrad pursuant to Sedion 1-05.12 of the Contrad provisions. � ' ' " "' Gry of Renton At�ltwrimd Sipnadxe City ot Re�on Aulhorittd Sgnahxe APDroved Date Approved Date This Final Contrad Voudter Certification is to be prepared by the Projed Engineer or Project Administrator and the original forwarded to Gity of Renton for xoeptance and paymeM. Contradas Claims,if any,must be induded and the Contradors Certification must be labeled incGcating a daim attached. AGEIVDA ITEM #8.j) TU F'I�A\CE t)1RN:C"CUk A�TG OA%?St�OlS �ttOti TIt.�;�SPOKT�'CIOti t3E.�1t:R t�tA�:IG�R Ct1�TitAC"TOR i'innecr Cutdc,lnr. Ct7�TR�1CT i'Jtt CAC t�1•lOfl [STI�tATE T�n 4(FIM1AI.) F'1tC]J�C1 Ci!}-�+tde tiufcl�Irnpraumertts 1'ru,�rct I CU;vTRAC70f�CAJ2tiIhfGS Tlll�E'�TIIIATE 5 IR:+.795 q5 ? SALE.S TA}� ( 9 SO'. 5 3 TUTAL�U�TRAC"t'Ahit32lTlT TNIS€,fiT3t�iATE S f8;,795 95 � i�ARNiIr'G5 PkEVIUUSLY F'AICICC7N7"H�ACfOFt 5 65.7;?,8t 5 E�tthtlr'�,S I3t'f Ct7tvTRACTOR 7H1S ESTt�i:tTF 5 I8S,7�S 9i _ (� CUHT07Al•Ct)hTitACT�tt P�#l'i�1Ei�T5 5 24i S'?81li � aFY�an�c�a��x�v�c��s��u�.�ncs s 8 I{ETAIY�AGC C11�E�!{hlNG57f-!t5 E.ST`IhlATE S 9 5UH70T.�L ItE`i"AII�AGf- 5 iQ SALES TAX I'R[VtUU5L1'I'AID ►i S�tt.FC TAX 17UE�TH1S�5T111ATE S I2 Sl,{RTOT�1l. SAL�STAX 5 ' C'rurirno�,.i I���t rM�rraiun�;r h,rnd r,n filr�c rr/i�hr Cin.rrr�iisrig� �11Ci t:N.iNU'lY)'I`Al.: S 251,528.7R t�1NAAt�i)t:l'AkTA1I:RT�CTlOI�: YAY�IFNT TU CUNTRAC?OR iLin�s 5�nd 1 f 1 ,�ccac�,vr: �s�.t22us.ot�.s�►s.�u.��.nu� 5 1N5.7tJ5+)4 TAX S S 1fi5.795,95 C'lIANTF:N!14.LAti�S t1F 196� C'IT�OF ItEATOt CEItTIfICaTt01 t St11 t�tilttR.i�t�%ilttKt!!iliiittt`IRTi#1't'11nit{`I�NTYi�i I'I IUl'Nl TIIAT 711f lIATt ptAt\IUt'1 11t 1 N I1'N�ltill!t!'YIII Yt Rti 1t'i h Rt yi�t RE U tHi TH!!NNNt i9 ki tt}i�4t tr Ati#ii tiC'NUtt i> Itl NLiv A„ti"1�?ttnT77p l'I Mil l�A IU�T Itl'i ri.�t�t'�7'Atl� {iitt ltt.lTlt 31 At i.V�RT 1/I1 t'tTt'tti ki t'T�i.�.A,tiF�TFt.t7 i ll.�t nt T�U iuvl�+ta�,�I Tlil�"C!l All �Sp l9 NSI7Y lii ti.Vi�t7 AP1) �:tr.�t t� � � . ,.- �1�z�,� AGENDA 1TEM #8,j) Progress Payment #: Final `�l ���, Cutofl D2te: 8l20/20i5 v �� � + � + Renton Contracl Number. CAG-14-1{�8 ''/��,,�.�� HSIP- Fed Ald#: OqOS(323j � Coniract Nams• CNywide Saiety improvemonts Project � Canlractor: Ploneer Cebie,Inc. AWarded Cantract Amount. S245,235.0� Notice to Proceed bate: 2l-Nov-14 Cucre�t Goniract Amount: S251,528.75 Contrac!Duratian: 40 Estlmated Contrect Completion Date: 31-Mey15 Pay Perlod; 21-Apr•15 to 20-Aua-15 Comments: PAOJECT WAS ON SU9PEN51aN FRaM APRIL 1�,2016 TO JULY 29,2016 �Previous Pay( Current Pay Estimate I Paid ta Date � °�Camplete Estlmet� �B9se Bld � $ 85,732.83� � 185,785.95� �251,528.78 j d0.00% Payment to Contraclar � � � �251,528.78 . � � , ,,�f...—. _ . I hereby co�lliy thal ihls Is a tNe and torract esqmete;ihet the lvork Wfls acluai{y �,,,�►�'`'�' Y �`�����r pedormed end matetlal iurnlshed;Ihal ail requlred documenis have been pro�lded;end � tha4 the emaunt Is Just end due me. Cortir�ctor neio Aeviewed by: Date: Nalhnn Monmo,AoeWent Enpinoer,KPQ,lnc. 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SUBJECT/TITLE: Operating Permit and Agreement: Classic Helicopter Corporation RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 . . . Expenditure Required: $N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Tota{ Project Budget: $ N/A City Share Tatal Project: $ NjA � • • � • Rainier Flight Service, LLC is requesting approval to sublease a portion of their 800 Building and ramp to Classic Helicopter Corporation for the purpose of flight and ground school training, aerial tours and aircraft maintenance consistent with the purposes authorized under Rainier Flight Service's lease agreement. The operating permit and agreement will have a term of 6 months with an option to renew. The Rainier Flight Service lease term expires on September 30, 2024. : A. Issue Paper B. Operating Permit and Agreement C. Sublease Agreement � • � � • Approve the Operating Permit and Agreement with Classic Helicopter Corporation for their sublease of a portion of the 800 parcel from Rainier Flight Service, LLC. AGENDA 1TEM #8. k) PUBLIC WORKS DEPARTMENT p �'�f�O� ,� � � M E M O R A N D U M DATE: January 14, 2016 T0: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Jonathan Wilson, Airport Manager, ext. 7477 SUBJECT: Operating Permit and Agreement with Classic Helicopter Corporation ISSUE: Should Council authorize the Mayor and City Clerk to execute an Operating Permit and Agreement with Classic Helicopter Corporation for their sublease of a portion of the 800 parcel from Rainier Flight Service, LLC? RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Operating Permit and Agreement with Classic Helicopter Corporation for their sublease of a portion of the 800 parcel from Rainier Flight Service, LLC. BACKGROUND: Classic Helicopter Corporation (Classic) operates a helicopter flight and ground school, helicopter sightseeing and other Federal Aviation Administration Part 91 commercial flight operations. Currently Classic is located in a hangar facility at the King County International Airport in Seattle. Classic is looking to partner with Rainier Flight Service (Rainier) located at 800 West Perimeter Road. Classic has entered into a sublease agreement with Rainier to lease a portion of their hangar and associated ramp area. Classic and Rainier approached the City about obtaining an Operating Permit and Agreement to conduct commercial flight operations at the Renton Airport. AGENDA ITEM #8, k) Randy Corman,Council President Members of the Renton City Council Page 2 of 2 January 14,2016 Airport staff requested that Classic submit a copy of the sublease agreement they executed with Rainier and an Airport lease or Operating Permit Application. Classic submitted both items on November 9, 2015. Airport staff conducted a thorough review of the application materials and asked for additional materials to be submitted. Airport staff asked Classic to submit a business plan detailing what products and services they would be offering along with a description for how the ramp space would be divided up between the two businesses. Classic submitted this plan on November 27, 2015. Airport staff inet with Rainier and Classic staff to discuss the Operating Permit and to discuss how fixed wing and rotary wing operations would work together on the existing ramp area. Rainier submitted a ramp drawing showing where Classic would be operating and how those operations would be separated from fixed wing and self-serve fueling operations. Classic also met with control tower staff to talk about safety of airfield operations and preferred departure and arrival routes. Recently Airport staff took a tour of Classic's existing facilities at King County International Airport to look at the scale of their operations. Classic operates three small Robinson R22 helicopters for flight training operations, two mid-sized Robinson R44 helicopters and, on occasion, a Bell 2066 helicopter. Due to the size of the Robinson helicopters, they can be manually moved in and out of the hangar building. Classic intends to actively manage their ramp space by moving helicopters in and out of the hangar as needed. Classic has indicated in their business plan document that they "expect the majority of training flights will depart KRNT [Renton] and relocate to fields such as Boeing Field, Auburn, Bremerton, Arlington, Crest, Pierce County or other regional general aviation airports." Variation in airport environments is a component of Classic's training regimen and is helpful for new pilots. Rainier is new to the 800 West Perimeter Road building and has taken quite a leap from their existing space at 790 West Perimeter Road. Rainier's lease with Classic will help Rainier offset some of the expenses of being in a larger facility in addition to making use of hangar and ramp space that is currently under-utilized. Classic brings with them one full-time and one part-time receptionist, a part-time accounting manager, part-time marketing director, six full-time flight instructors, two part-time tour pilots who are also flight instructors and two part-time mechanics. cc: Heather Ulit,Transportation Administrative Secretary I Susan Campbell-Hehr,Airport Administrative Secretary I AGENDA 1TEM #8, k) PAG OPERATING PERMIT AND AGREEMENT between the City of Renton and Classic Helicopter Corporation THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AN AGREEMENT(hereinafter"Operating Permit") between THE CITY OF RENTON, a Washington municipal corporation (hereinafter"Permittor"}, and ClASSIC HELICOPTER CORPORATION,a Washington corporation (hereinafter"Permittee"j. IN CONSIDERATlON of the covenants and agreements hereinafter set forth,the parties agree as follows: 1. ACKNOWLEDGEMENT OF SUB-LEASE: 1.1. Pursuant to lease agreement BLAG 14-005,executed on November 1, 2014,the Ci�af Renton (Landlord)granted a lease of the parcel loca#ed at 800 West Perimeter Road, Re ton,Washington 98057 to Rainier Flight Service, LLC, as�Lessee,for the purpose of operating a Fixed Based Operation,which includes/included aircraft maintenance including inspection, major and minor repair,and major and minor alteration of airframes,engines,avionics, interiors,and aircraft components; storage and tie-down of aircraft, both indoors and outdoors; commercial flight opera#ions including flight training, aircraft rental, sightseeing, aerial photography, and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135; sale of aviation fuel and lubricants;sale of aircraft parts,components and pilot supplies; aircraft servicing with fluids and compressed gases; aircraft groaming; and aircraft sales, leasing and management. 1.2. Thereafter, Rainier F{ight Service, LLC(Lessee)sublet a portion of the subject premises to Classic Helicopter Corporation (Permittee} by sublease agreement, effective on lanuary 1,2016,for the purpose/purposes as described in the November 3, 2015, Description of Intended Use document, attached hereto as Exhibit A to this Operating Perrnit and incorporated by this reference,on and within the subleased premises, as described below, located at 800 West Perimeter Road, Renton,Washington 98057. 2. GRANT OF OPERATING PERMIT: 2.1. Description of Premises: The Premises subleased by Classic Helicapter Corporation.,the Permittee, is described as hangar, office,and ramp space,as shown in Exhibit A of the sublease between Rainier Flight Service, LLC and Classic Helicopter Corporation, attached hereto,and incorporated by this reference. 2.2. Common Areas: Permittee, and its authorized representatives, subtenants, assignees, agents, invitees, and licensees, shall have the right to use, in common with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may be amended from time to time} pursuant to Section 8.5 below and subject to the OPERATING PERMIT �R � ���A 1 City of Renton to Classic Helicopter Corporation � AGENDA ITEM #8. k) terms of its sublease, the public portion of the Renton Municipal Airport (aka Clayton Scott Field, hereinafter referred to as "Airport"), including the runway and other public facilities provided thereon. 2.2.1. Natwithstanding anything in this Operating Permit to the contrary, Permittor acknowledges that direct access to the taxiways and runway from the Premises is essential to the conduct of Permittee's business on the Premises and, except during construction activities occurring on the taxiways, runway or weather-related events, Perrnittor shall not do anything that would interfere with direct access to the taxiways and runway by the Permittee and its representatives, subtenants, assignees, agents, invitees, and licensees during the Term of this Operating Permit, PROVIDED that if Permittor pfans any constructian activity on the taxiways or runway, Permittor will schedule such activity ta the best of its ability sa as not ta interfere with Permittee's use of the Premises, the taxiways, or the runway, will notify Permittee of any plans for such activity nat less than six months in advance of the commencement of such activity, and will consult and coordinate with Permittee to ensure that such activity doe5 not interfere with Permittee's use of the Premises,the taxiways, or runway, except that in the case � of an emergency Permittor may praceed with such activity without notice to the Permittor and will use its best reasonable efforts not to in�erfere with Permittee's use of the Premises, M taxiway, or runway in addressing such emergency. For purposes of this provision, an "emergency" is a candition that presents an imminent threat of bodily injury to or death of any person or foss of or significant damage to any property. 3. CONDITIONS: 3.1. Specific Conditions: This Operating Permit, and Permittee's rights and permitted uses under this Operating Permit, are subject to the following: 3.1.1. Easements, restrictions, and reservations of record; 3.1.2. The Airport Regulations and Minimum Standards pursuant to Section 8.S below, including Permittor's standards concerning operation of aviation activities from the Airpo�t; 3.1.3. All such nan-discriminatory charges and fees for use of the Airport as may be established from time to time by Permittor as set out in Section 5.3. of this Operating Permit; and 3.1.4 All of Classic Helicopter Corporation's business operations shall be conducted on and within the subleased premises as identified in Exhibit A of the sublease and attached hereto. 3.2. No Convevance of Airport: This Operating Permit shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Permittor reserves the OPERATING PERMIT 2 City of Renton to Classic Helicopter Corporation AGENDA 1TEM #8, k) absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is permitted hereby. 3.3. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor holds and aperates the Airport, and the Premises under and subject to a grant and conveyance thereof to Permittor from the United States of America,acting through its Reconstruction Finance Corporation,and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder,which grant and conveyance has been filed far record in the office of the Recorder of King County,Washington, and recorded in Volume 2668 of Deeds, Page 386;and further that Permittor holds and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947),and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee also accepts and will hold and use this Operating Permit and the Premises subject thereta and to all contingencies, risks, and eventualities of or arising ut of the foregoing, and if this Operating Permit, its Term, or any conditions or provisions of th�Operating Permit are or become in conflict with or � impaired or defeated by any such �egislation,rules, regulations,cantingencies or risks,the latter shall control and,if necessary, modify or supersede any pravision of this Operating Permit affected thereby, all without any liability on the part of, or recourse against, Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, rules and regulations. 3.4. Future Development/Fundin�,: Subject always to Permittee's rights under Section 2.2.1 of this Operating Permit, nothing contained in this Operating Permit shall operate or be construed to prevent or hinder the future development,improvements, or operation of Airport by Permittor, its agents,successors or assigns,or any department or agency of the State of Washington or af the United States, or the consummation o#any loan or grant of federal ar state funds in aid of the development, improvement, or operation of the Renton Municipal Airport. But Permittor's exercise of such rights shalt not unreasonably interfere with Permittee's rights under this Operating Permit. 4. TERM OF LEASE.SUBLEASE AND OPERATIIVG PERMIT 4.1. Sub-lease Term: The term of the sublease to Classic Helicopter Corporation is for a period of six months commencing on January 1, 2016, and terminating on Ju{y 1, 2016. 4.2. Permit Term:The term af this Operating Permit six(6)months and may be extended to include any Extended Term as may be in effect between Rainier Flight Service, LLC (Lessee), and Classic Helicopter Corporation (Sublessee/Permittee). However,any extension of the Initial Term of this Operating Permit is only renewable upon written notice received by the Permittor ninety(90)calendar days in advance of the termination date of the Initial Term of this Operating Permit and Agreernent. OPERATING PERMIT 3 City of Renton to Classic Helicopter Corporation AGENDA ITEM #8, k) 4.2.1 Maximum Permit Term: In no event will the term of the Operating Permit and Agreement be extended beyond September 30, 2024. 5. RENTAL(for informational purposes only): 5.1. Rent on Lease: As rental for the premises described in BIAG 14-OOS and any addenda thereto, Lessee has agreed to pay Permittor$0.7252 per square foot per year on 88,601 square feet for a tatal of si�y-six thousand four hundred fifty one dollars and zero cents per year($66,451.00) or a monthly rental in the sum of five thousand five hundred thirty seven dollars and fifty six cents ($5,537.56).These sums exclude leasehold excise tax co(lected by the Permittor.The Rental amount set out herein is subject to Periodic Rental Adjustments as set out in Section 4.b. in lease BLAG 14-005. 5.2. Rent on Sublease: As rental for the premises described in Section 2, above, during the terrn of this permit, Permittee has agreed to pay Lessee a monthly rental in the sum of sixteen thousand eight hundred do{lars and zero cents($16,800.00) per year a�a monthly rental in the sum of fourteen hundred dollars and zero cents($1,400.00)throughout the six(6) manth term commencinglon lanuary 1, 2016,which does not include leasehold ex ise tax. In the event Lessee fails ta p'ay the rent identified in Section 5.1. and any future rent�( rate increases,then Permittee may,whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in BLAG 14-005 and any addenda thereto, pay said rent,when due. In the event neither Lessee nor Permittee pay said rent,then the Permittor may terminate this permit with ten (10) days'written notice. 5.3. �ther Char�es; Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Permittor, or its successors,or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Permittee of, on,and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas, power, garbage,water and other utilities,Aircraft Rescue and Fire Fighting services or services rendered to said premises. In the event Lessee fails to pay the other charges identified in this Section 5.3,then Permittee may, whether Permittee subleases all or part of LeSsee's Airpart leasehold interest as described in lease LAG 09-Q06 and addenda thereto, pay said other charges, when due. In the event neither the Lessee nor the Permittee pay said other charges, then the Permittor may terminate this permit with ten (10)days' notice. 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge, then Permittee may,whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in BLAG 14-005 and any addenda thereto, pay said tax or charge, when due. Such tax or charge shall be in addition to the reguiar monthly rentals. In the event neither Lessee nor Permittee pay said tax or charge,then the Permittor may terminate this permit with ten (10) days' notice. OPERATING PERMIT q City of Renton to Cfassic Helicopter Corporation A GENQA ITEM #8, k) 6. PAYMENT OF UTILITIES AND RELATED SERVICES� 6.1. Whether Permittee subleases all or part af Lessee's Airport leasehold interest as described in BI..AG 14-005 and addenda thereto, if Lessee fails to pay such utilities and service charges,then Permittee may pay aii tight, heat, gas, pawer,garbage,water, sewer and janitorial service used in or on the Premises when due. In the event neither lessee nor the Permittee pay said uti(ity ar service charges,then the Permittor may terminate this perm'rt with ten (1d) days' notice, 5.2. Permittor shall not be liable for any loss ar damage causeci by or�esulting fram any variation,interruption, ar failure of said utilEfiy services due to any cause whatsaever; and no temporary interruptian or faiSure of such services incident to the making of repairs, a(terations or impravements, or due to accident, strike, act af God,or canditions or events nat under Permittar's controf, shall be deemed a breach af the Permit or as an evictian a#Permittee,or relieve Permittee fram any of it�obligations hereunder. 7. PER�ITfEE'S ACGEPTANCE OF PREMISE5: � 7.1. Acceptance of Premises: By occupying the Premises, Permittee formally accepts the same in AS IS candition,and acknawledges that the Permittor has complied with a!I the requirements imposed upon it under the terms o#this Permit with respect to the conditian of the Premises at the cornmencement of this term. Permittee hereby accepts the Premises subject to al!applicable zoning, municipal,county and state laws,ordinances and regulations governing and regulating fihe use of the Prernises,and accepts this Permit subject thereto and to aU mat#ers disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Permittor nar Permittor's agent has made any representation or warranty as to the suitability of the Premises far the conduct of Permittee's business or use, Except as otherwise provided herein, Permittor warrants Permittee's right ta peaceably and quietly enjay the premises without any disturbance from Permittor,or others claiming by or th�ough Permittor. 8. PURPUSE AND USE: 8.1. Use of Premises: The Premises are ieased to the Perrnittee for tfie falinwing described purposes as requested in the Permittee's airport lease and operating perrrrit application dated Oc[ober 30, 2015,and Permittee's Description ofi Intended Use dated November 3, 2015: 8.1.1. Flight and Ground 5choal Training in accordance with the Airport Regutatic�ns and Minimum Standards pu�suant to Section 8.5 below. 8.3..2. Flight Seeing(aerial toursa in accordance with the Airport Regulations and Minirr�um Standards pursuant La Section 8.5 below. OPERATfNG PERMIT 5 City af Renton ta Classic Helicopter Corporatipn AGENDA ITEM #8. k� 8,1.3 Helicnpter Mnspection and Mainfienance in accardance with the Airport Regulations and Minimum Standards pursuant to Section 8.5 belaw. 8.1.4 Charter operations under Part 135 in accordance with the Airpart Regulations and Minimum Standards pursuant to Section 8.5 belaw. 8.1,5 Part 91 Cornmercial Operations in accordance with the Airport Reguiations and Minimum Standards pursuant to Section 8.5 below. 8.1.6 Helicopter safes and leasing in accordanee with#he Airport Regulations and Minimum Standards pursuant ta Sectian 8.S below. 8.2, Continuous Use: Perrnittee covenants that the Premises shail be continuousiy used for those purposes during the term of this �perating Permit,shal! nat be allQwed to stand vacant or idie,and shaN not be used f�r any other purpose without Permittor's written consent first having been obtained. Consent af Permitto�to othe�types of activities wili nat be unreasortably withheld. � 8.3. Non-Aviatior� Uses Prahibited: Permittee agrees`that,except as expressly proVided above,the Premises may not be used for uses or activities that are not related, directly or indirectly,to aviation. 8.4, Si�ns: No advertising matter or signs shall be at any time displayed an the subleased premises or structures without the written approval of Permittar,which wil! not be unreasonably withheld. One sign, or signs,af the type and dimensions specified by the Airport Manager,shall be permitted ta be displayed on the Rainier and Airport Way entrance fences through the terminatiran date of this Operating Permit. 8.5. �onforrnitv with Rules: Permittee further cavenants to keep and operate the Premises and ail structures, improvements, and activities in canformity with all rules, regulations and laws now existing or hereafter adopted by Permittor, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference,the Federal Aviation Administration,the State Aeronautics Cornmission, or other duly constituted gavernmen#al authority,all at Permittee's cost and expense. 8.6. Waste, Nuisance. Ille�al Activities: Permittee shall na#permit any waste, damage, or injury to the Prernises or improwements thereon, nar allow the maintenance af any nuisance thereon, nor the use thereaf for any illegal purpases or activities. 8.7. Increased fnsurance Ftisk: Permittee shall not do ar permit to be done in or about the Fremises anything wh"sch wi!{ 6e dangerous to life or limb,or which wi{1 increa�e any insurance rates upan the Premises or other buitdings ar�d irnprovements at the Airport. 8.8. Aircraft Re�istration Compliance: The Permittee is hereby notified of the Washington State!aw concerning aircraft registration and the requirement that the Permittee comply fiherewith. See Title 47.68.250 RCW: Public Highways and Transportation, OPERATING PERMIT 6 City of Rentan ta Classic Helicopter Carporation AGENDA lTEM #8. k) 9. HAZARQOl15 SUBSTANCE USE: 9.1. Permittee's Reqresentation and Warrantv: Permittee shall not dispose af or otherwise allaw the release of any Hazardous Substances in,on or under the Prernises,or the Property,or in any Permittee imprc►vements or alterations p(aced on the Premises by Perrnittee. Permittee represents and warrants to the Permittar that Permittee`s intended use of the Premises does not and wifl not involve the use, producfiian,disposa) or bringing on to the Premises af any hazardous substance, hazardous material,waste, poliutant, or contaminant,as those terms are defiined in any federat, state,county, ar city law or regu(atian (collectiuely, "Hazardous 5ubstances")other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary course of business, provided that such products are used,stored and disppsed of in accordance with applicable laws and manufacturer's and supplier's guide{ines. Permittee sha(I promptly camply with all laws and with aU orders, decrees or judgments af�overnment authorities or courts having jurisdiction, relating to the use, coflection,treatment, disposal,storage,control, removal ar cleanup by Permittee of Hazardous Substances, in,on nr under the Premises,or incorporated in any � improvements or alteratians made by Permittee tp the Prernises, at Permittee's sole cost and , expense. i ( 9.2. Standard of Care: Permittee agrees ta use a high degree of care to be certain that na Hazardaus Substances are impraperly used, released or disposed in, on or under the Premises during the Term by Permittee, or its authorized representatives or assigns, or are improperiy used, released or disposed on the Prennises by the act of any third party, 9.3. Compliance Notificatian: !n the event af non-compliance by Perrnittee,after notice to Permittee and a reasana6{e oppo�tunity for Permittee ta effect such compliance, Permittor rnay,but is nat obligated to,enter upon the Premises and take such actions and incur such costs and expenses to efFect such compliance with laws as it deems advisable ta pratect its interest in the Premises, provided, however that the Permittar shall not be obligated to give Permittee notice and an opportunity to effect such cornpliance i#(i)such delay might result in materia!adverse harm to the Premises ar the Airport,or{iia an emergency exists. Permittee sha3{reimburse Permittor for the full amount af all casts and expenses incurred f�y Permittor in cannection with such comp{iance activities and such obliga#ian shali cantinue even after expiration or terminatian af the 7erm. Permittee shaN notify Permittor immediately af any release af any Nazardaus Substances in, on or under the Premises. 9.4. Indemnitv: 9.4.1. Permittar shall have no responsibility to the Permittee,or any other third party, far remedial action under R.C.W. Chapter 70.105D, or other federal, state, county or municipal laws, in the event of a release of or dispc�sition of any Hazardous 5ubstances in, on or under the Premises during the Terrn that were caused by Perrnittee. Permittee shall defend, indemnify and hold harmless Permittor, its afficials, e�mployees,agents, and contractars (hereinafter"City lndemnitees'"�from any clairns(including without limitation third party clairns for personal injury or rea) or personai property damage}, actipns,administrative OPERATING PERMtT � City of Renton to Classic Helicapter Corpqration A GENDA ITEM #8, k) proceedings,judgments, penalties,fines, liability, loss, damage, obligation or expense, including, but not limited to, fees incurred by the Permittar or City Indemnitees for attorneys, consu(tants, engineers, damages, environmental resource damages, and remedial action under RCW Chapter 70.105D or other remediation, arising by reason of the release or disposition of any Hazardous Substances in,an or under the Premises during the Term that are caused by Permittee. 9.4.2. Permittee shall have no responsibility to the Permittor,or any other third party, for remedial action under RCW Chapter 70.105D, or other federal,state, county or municipal laws, nor shall Permittee have any other liabifity or responsibility of any kind, in the event of the presence, release, or disposition of any Hazardous Substance on, in or under the Premises unless such presence, release, or disposition of any Hazardous Substance was caused by Permittee. Permittor shall defend, indemnify and hold harmless Permittee, and their directors, officers, agents, employees, and contractors (collectively, "Indemnittees")from any claims (including without limitation third party claims for personaf injury or real or personal property damage),actions,administrative proceedings,judgements, penalties,fines, liability, loss, damage, obligation or expense, intludi g, but nat limited to, fees incurred by Permittee or any Indemnitee for attorneys, consultants,�ngineers, damages,environmental resource damages, I and remedial action under RCW Chapter 70.105D or other Remediation, arising from or in connection with the presence,suspected presence, release or suspected release of any Hazardous Substances in, on or under the Premises that is not caused, in whole or in part, by Permittee or the Indemnitees. 9.4.3. The provisions of this Subsection 9.4 shail survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Operating Permit by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 9.5. Dispute Resolution: In the event of any dispute between the parties concerning whether any Hazardous Substances were brought onto the Premises by Permittee, or whether any release of or disposition of any Hazardous Substance was caused by Permittee, the parties agree to submit the dispute for resolution by arbitration upQn demand by either party. Each party shall select one {1)arbitrator. The two (2) selected arbitrators, if unable to agree within a period of thirty{30� days after such appointment, as that term is defined in Section 9.5.1 of this Operating Permit, shall select a third arbitrator. The arbitrators shall be environmental consultants with experience in the identificatian and remediation of Hazardous Substances. 7he arbitrators shall make their decision in writing within sixty(60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be barne by the parties equally. OPERATING PERMIT g City of Renton to Classic Helicopter Corporation AGENDA ITEM #8, k) 9.5.1. Appointed Arbitrators: The two appointed arbitrators shall meet,and shall rnake their decision in writing within thirty(30) days after the date of their appaintment. If the appointment date for either arbitrator is later than the other,the latter date shall be the appointrnent date fpr purposes of the thirty(30j day deadline. If the two arbitrators are unable to agree within a period af thirty(30) days after such appointment,they shall,within a period of thirfiy(30) days after the first thirty(3Q) day period,selert a third arbitrator. Is such third arbitratar has not been selected or if such third arbitrator has not accepted such appaintment within such thirty(30)day periad,either Permittor or Perrnittee may apply to the head of the Seattle office of the American Arbitration Associatian to appoint said third arbitra#or. The three arbitratars shaff have thirty(30) days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both parties. The decision of the rnajority of such arbitratars shall be final and binding upon the parties hereto. 10. MAiNTENANCE: � 10.1. Maintenance o Premises: The Fremises and all af the improvements or structures thereon and autharized by the Permittar for use by the Permittee, shall be used and maintained by Permittee in an aperable, neat, orderly,and sanitary manner. Permittor shali nat 6e calied upan to rr�ake any improvernents,al#eration, or repair of any kind upan the Premises. Permittee is respansible for the clean-up and proper disposal at reasanable and regular intervals of rubbish,trash, waste and leaves afound the Premises, inciuding that blawn against fences bardering the Premises, whether as a result of the Permittee's activities or having been deposited upon the Premises€rom ather areas. Perrnittee shall maintain in good conditian and repair the Premises,subject to ardinary wear and tear, including without Eimitatian,the interinr and e�eriar wa11s,fioors, roof,and ceilings,and any structura! parkions af the Premises the e�c�terior and interior portions af a!l doors,wirtdows,glass, utility facilities, plumbing and sewage facilities within the building ar under the f{oor slab including free flow up ta the main sewer line, parking areas, landscaping,fi7ctuces, heating,ventiiating and air conditianing, ineluding e�cterio�mechanicaf equaprnent,e3cterior uti4ity facilities,and exterior electrical equipment serving the Premises. Permittee shall make all repairs, repiac�ments and renewals,whe#her ardinary or extraordinary,anticipated ar unfareseen,that are necessary ta rnaintain the Premises in the condition required by this Section. 10.2. Rernova! of 5now/Floodwater/Mud: Permittee andjor Lessee shal) be responsible #or remova!of snow and/or floodwaters ar mud depasited there from the Premises and those areas of the sublease utilized by the Permittee,with the disposition thereof to be accomplished in such a manner so as ta not interFere with or increase the maintenance activities of Permittor upon the public areas of the Ai�port. 10.3. Permittor Mav Perform Maintenance: If Perrnittee fails to perform Permittee's abligations under this section, Perrnittor may at its option (but shall nofi be required to� enter the Premises, after thirty (3q�days' prior written notice to Permittee,and put the same in gaod OPERATING PERM17 g City of Renton to Classic Helicopter Carporation AGENDA ITEM #8, k) order,condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due within thirty(30) days of the date of the Permittar's invoice to the Permittee. 11. ALTERATIONS: 11.1. Protection from liens: Before cornmencing any work relating to alterations, additions and improvements affecting the Premises ("Work"), Permittee shall notify Permittor in writing of the expected date of commencement af the Work. Perrnittee shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Permittee shall keep the Premises free and clear of all mechanics' and materialrnen's liens and other liens resulting from any Work. Perrnittee shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Permittor, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefore in the State of Washington. Permittee shall promptly pay or cause to be paid ail sums awarded to the claimant on its suit,and, in any event, before any execution is issued with respect to any judgment obtained by the claiman in its suit or before such judgment b�comes a lien on the Premises,whichever is earlier. If Pe�mittee shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or liens,then Permittor may,at its option, in addition to any other rights or remedies it may have, discharge said lien by(i)paying the claimant an amount sufficient to settle and discharge the claim, (ii)procuring and recording a lien release bond, or(iii)taking such other action as Permittor shall deem necessary or advisable, and, in any such event, Permittee shall pay,on Permittor's demand, all reasonable costs (including reasonable attorney fees) incurred by Permittor in settfing and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year from the date of Permittor's payment of said costs. Permittor's payment of such costs shall not waive any default of Permittee under this Section. 11.2. Bond: At any time Permittee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Permitt�r may at its sole option require Permittee, at Permittee's sole cost and expense,to obtain and provide to Permittor a lien and comp{etion bond in an amount equal to one and one-half(1- 1/2)times the estimated cost of such improvements,to insure Permittor against liability for mechanics and materialmen's liens and to insure campletion of the wark. 11.3. Permittor Mav Make Improvements: Permittee agrees that Permittor may, at its option and at its expense, make repairs, alterations or improvements which Permittor may deem necessary or advisable for the preservation, safety, ar improvement of uti{ities or Airport infrastructure on the Premises, if any. Permittor shall pravide thirty(30) days' advance notice of any such work and use reasonable efforts to not interfere with Permittee's use of the Premises during any such work. 11.4 Improvements: As further consideration for this Operating Permit, it is agreed that upon the expiration or sooner termination of the Term, all structures and any and all improvements of any cha�acter whatsoever installed on the Premises by Permittee, shall be OPERATING PERMIT 10 City of Renton to Classic Helicopter Corporation AGENQA ITEM #8. k) and become the praperty of the Permittar, and title thereto sha!! automaticaEly pass to Permittor at such time,and none of such improvements now or hereafter placed on the Premises shal! be removed therefram at any time without Permittor"s prior written conser�t. During the 7erm, Permittee shal! hr�ld title to al! improvements placed by Permittee on the Premises. Permittee cavenants and agrees that Permittee will pay and satisfy in fulf al) outstanding liens,or other debts,affecting or encumbering such improvements before transfer of ownership of such improvements ta Permittor. Permit#ar may,at its option, require Permittee, upnn the expiration ar sooner termination of the Terrn, if any,to remove any and a!i improvemen#s and structures installed by Permittee from the Premises and repair any damage caused thereby, at Permittee's expense. 12. ASSIGNMENT: 12.1. Assi�nmentlSublettin�:Any assignment, encumbrance or sublease,whether by operatian af iaw or otherwise,without Permittor's consent shall be void and shall canstitute a defauit by Permittee under this fJperating Permit. Na cansent to any assignment or sublease si��ll constitute a waiver of the provisions of this Section anp no other ar subsequent assignment or sublease shafl be made without Perrnittor's priar written consent. Before an assignment or sub-lease will be approved,the proposed assignee or sub-Permittee must comply with provis+ans of the then current Airport Leasing Policies, including, but not iimited to the "Analysis of Tenant's Financia( Capacity," independent of Permittee's compliance ar Financial Capacity. Consent shall not be unreasonably withheid,canditioned, or delayed. In the tase of an assignment nf the fu11 leasehold interest and/or complete sa{e of the stock ar other interests in the entity Constituting Permittee and cancomitant transfer af ownership of said entity, (a} in the case of an assignment,the proposed assignee sha(I deliver to Permittor a written instrument duly executed by the proposed assignee stating that it has examined this �perating Permit and agrees to assurne, be bound by and perform all of Permittee's obligations under this Operating Permit accruing after the date of such assignment,to the same extent as if it were the originai Permittee,and (bj in the case of a stack transfer, Transferee sha11 deiiver a written acknowledgment that it sha11 continue ta be bound by ail the pravisions of this Operating Permit after the transfer, Except in the case of an assignment of the full leasehold interest,any assignment permitted herein will not relieve Permittee of its rluty to perform all the obligations set aut in this�perating Permit or addenda hereta In na event will the assignment af the fuli leasehold interest ar the camptete sa(e of the stock ar other interests in the entity constituting Permittee and concornitant transfer of ownership of said entity cause an extension of the Term of this Operating Permit. 12.2. Permitted Sublettin�: Permittee may sublet partions of the Premises for the purpase of aircraft han;gar storage without Perrnittor's prior written consent, on a month-to- month or fonger basis (but not ianger than the Termj, provided that Permittor is inforrned on at least an annual basis,in writing,of the name of the�ubtenant(s},the purpose of the sublea$e,the arnount af the rental charged,and the type of aircraft stored �make, modei and OPERATING PERM17 11 Ciry af Renton to Classic Helicapter Corporatiran A GENDA I TEM #8, k) registration number). Additionally,such information shall be disclosed upon request by Permittor.} 12.3. Conditions to Assi�nment or Sublease: Permittee agrees that any instrument by which Permittee assigns or sublets all or any portion of the Premises shall (i)incorparate this Operating Permit by reference, {ii)expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Permittor's prior written consent (which consent shall not be unreasonably withheld, conditioned, ar delayed), (iii)acknowledge that the assignee or subtenant will not violate the provisions of this Operating Permit, and (iv) in the case of any assignment, acknowledge that Permittor may enforce the provisions of this Operating Permit directly against such assignee. 12.4. Documentation: No permitted subletting by Permittee shall be effective until there has been delivered to Perrnittor a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Operating Permit; provided that no Operating Permit shali � be required for the subletting of hangar or tie-d°�wn space for aircraft storage purposes. No permitted assignment shall be effective unless add until there has been delivered to Permittor � a counterpart of the assignment in which the assignee assumes all of Permittee's obligations under this Operating Permit arising on or after the date of the assignment. 12.5 No Release of Permittee's Liabilitv: Neither an assignment nor subletting shalf be deemed a waiver of any of the provisions of this Section or release Permittee from its obligation to comply with the terms and provisions of this Operating Permit and Permittee sha11 remain fu{ly and primarily liable for all of Permittee's obligations under this Operating Permit, unless Permittor otherwise agrees in writing. Notwithstanding the foregoing, in the event that Permittor's consent to assignment is obtained for a complete as5ignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Operating Permit accruing after such assignment, Permittee shall be relieved of all liability arising from this Operating Permit and arising out of any act, occurrence or omission occurring after Permittor's consent is obtained. To the extent that any claim for which indemnification of the Permittor(including with respect to Hazardous Substance) arises after Permitte's complete assignment for conduct predating said assignment,the Permittee shall not be relieved of obligations or liability arising from this Operating Permit. 12.6. No Mer�er: Without limiting any of the provisions of this Section, if Permittee has entered into any subleases of any portion of the Premises,the voluntary or other surrender of this Operating Permit, or a mutual cancellation by Permittor and Permittee,shall not wark a merger and shall terminate all or any existing subleases or subtenancies. 13. DEFAULT: 13.1. Default: 7he occurrence of any of the following shall constitute a default by Permittee under this Operating Permit: OPERATING PERMIT �Z City of Renton to Classic Helicopter Corporation AGEIYDA ITEM #8. k) 13.1.1. Failure to ComplY with Airpart Re�ulations and Minirnum Standards: Failure to comply v,rith the Airport Regulations and Minimurn Standards, if the failure continues for a period of twenty-four{24) hours after written notice of such default is given by Permittor to Permittee. If the failure to comply cannot reasonably be cured within tu+renty-faur(24) hours, then Permittee shalf not be in default under this Operating Permit if Permittee commences to cure the failure to comply within twenty-four�24j hours and diligently and in good faith continues to cure the failure to comply. However,said inability ta cure within twenty-four(24} hc�urs, diligence and good faith notwithstanding,cannot be based on firtancial incapacity. 13.1.2. Failure To Perform or Cure: Failure to perform any other prouisio�af this Operating Permit, if the failure to perforrn is not cured within thirty(30j days after notice of such de#ault has been given by Permittor to Permittee. If the default cannot reasonably be cured within thirty (30) days,then Permittee shall not be in default under this Operating Permit if Permittee commences to cure the default within thirty(30)days of the Permittor's natice and diligently and in good faith continues to cure the default. 13.1.3. Appaintment of Trustee ar Receiver The appqintment of a trustee or receiver ta take possessiQn of substantially ali�f the Permittee's assets located at the Premises or of i Permittee's in#erest in this Operating�ermit, where possession is not restored to Permittee within sixty{60) days; or the attachment, execution ar other judicial seizure af substantially all of Permittee's assefis Icacated at the Premises or of Permittee's interest in this Operating Permit, where such seizure is not discharged within sixty(60j days. �3.1.�. Failure to Carnplv With taws: It�hali be a default af this Permit if the Permittee fails ta campfy with any of the statutes,ardinances, rules, arders, regulatians,and requirements af the federal, state,andJar city governments, any terrns of this Permit andJor the underlying lease. 13.2 Additianat Securitv: If Permittee is in default under thss Qperating PerrniC,artd such default remains uncured#or more than three{3}business days after Permittor gives Pe�rnittee notice of such default,then Permittar, at Perrnittor's option, may in addition ta other remedies, require Permittee to provide adequate assurance af future performance af all of Permittee's obligations under this Qperating Permit in the forrn of a deposit in escrow,a guarantee by a third party acceptable to Permittor,a sure#y band,a letter of credit or o#her security acceptable to,and approved by, Permittor. If Perrnittee fails#o pravide such adequate assurance within twenty(20)days of receipt caf a request by Perrnittor for such adequate assurance, such failure shall constitute a materia! breach of this�perating Permit and Permittor rnay, at its option,terminate this Qperating Permit. 13.3. Remedies; If Perrnit#ee cornmits a default,then follawing t�e expiration of the notice and cure periods set forth in Section 13.1 above, Perm[ttor shall have the foNowing alternative remedies,whieh are in addition ta any remedies now or 4ate�allowed by law,�nd Permi#tor shall use reasonable effarts ta mitigate its damages: pPERATiNG PERMIT 13 City af Renton to Classic Helicdpter Corporation AGENDA ITEM #8. k) 13.3.1. Maintain Operatin�Permit in Force: To maintain this Operating Permit in full force and effect and recover any monetary charges as they become due,without terminating Permittee's right to passession, irrespective of whether Perrnittee shall have abandaned the Premises. If Permittor elects to not terminate the Operating Permit, Permittor shall have the right to perform all acts necessary to maintain or preserve the Premises as Permittor deems reasonable and necessary,without being deemed to have elected ta terminate the Operating Permit, including remova) of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and an the accaunt of Permittee. Notwithstanding that Permittor fails to elect to terminate the Operating Permit initially, Permittor at any time during the Term may elect to terminate this Operating Permit by virtue of such previous default o#Permittee sa long as Permittee remains in default under this Operating Permit. 133.2. Terminate Operatin� Permit:To terminate Permittee's right ta possession by any lawfu! means, in which case this Operating Permit shall terminate and Permittee shall immediately surrender possession of the Premises to Permittar. In such event Permittor shal{ be entitled to recoverfrom Permittee all damages incurred by Permittor by reason f Permittee's default includir�g without limitation thereto,the following: {ij any amou�it necessary to compensate Permittor for all the detriment proximately caused by Permittee's failure to perform its obligations under this Operating Permit ar which in the ordinary course of business would be likely to result therefrom, including without limitation, (A) any costs or expenses incurred by Permittor including reasonable attorney fees, and (B)such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law.The amounts referented in this Sertion shall accrue interest at 12% per annum. 14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein,all of the terrns,conditions,and provisions of this Permit shall be binding ugon the parties,their successors and assigns,and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. CONDEMNATION: If the whole or any substantial part of the Premises shal! be condemned or taken by Permittor or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose. From that day the Permittee shall have the right to either cancel this Operating Permit and declare the same null and void,or to continue in the possession of the remainder of the same under the terms herein pravided. All damages awarded for such taking for any public purpose shall belang to and be the property of the Permittor, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the taking of Permittee's improvements located on the Premises shall belong to and be awarded to Permittee. 16. RIGHT OF fNSPECTION: Permittee will allow Permittor, or Permittor's agent,free access to the Premises at all reasonable and mutually agreeable times for the purpose of OPERATING PERMiT �,4 City of Renton to Classic Helicopter Corporation AGENDA ITEM #8. k) inspection,or for making repairs,additions or alterations to the Premises, or any property owned by or under the controf of Permittor. 17. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at the end of the term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted.Alterations, additians or improvements which may be made by either of the parties hereto on the Premises,except movable office furniture or trade fixtures put in at the expense of Permittee, shall be and remain the property af the Permittor and shall remain on and be surrendered with the Premises as a part thereof at the termination of this permit without hindrance, molestation, or injury. Permittee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures,furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 18. INSURANCE: 18.1. Personal Propertv: It is agreed that Permittor shall not be held (iable in any manner for, or�on account of, any loss or damage to persona) prop�rty of the Permittee, Permittee's invitees or other persons,which may be sustained by fire or water or other peril, or for the loss af any articles by burgiary,theft or any other cause from or upon the Premises. It is acknowledged that Permittor does not cover any of the personal property of Permittee, Permittee's invitees or other persans upon the Premises through its insurance. Permittee, its invitees and other persons upan the Premises are solefy responsible to obtain suitable personal property insurance. 18.2. Liabilitv Insurance. The Permittee agrees to maintain in force during the term of this Permit commercial genera! liability insurance written by an admitted company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shali be in an amount of not less than $1,000,000.00 per occurrence, $2,Q00,000 aggregate. The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The insurance policy include a Landlord's Protective Liability endorsement attached thereto. 18.3. Insurance Policies: Insucance required hereunder shall be written in companies acceptable to Permittor. Permittor resenres the right to establish and, from time-to-time, to increase rninimum insurance coverage amounts. Notice of increased insurance requirements shall be sent to the Permittee at least forty (45) days prior to the annual renewal date af the Permittee's insurance. Prior to possession, the Permittee shall deliver to Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an additional insured with that coverage being primary and non-cantributory to any other insurance coverage available to the City. The Permittee shall pravide the City with written notice of any palicy cancellation, within two business days of their receipt of such notice. OPERATING PERMIT 15 City of Renton to Classic Helicopter Corporation AGENDA ITEM #8, k) 18.4. insurance Maintained Throu�hout Term: Permittee shal! not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any additiona{ premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. lf the Permittee shall fail to procure and maintain said insurance the Permittor may, but shall not be required to, procure and maintain the same, but at the expense of Permittee. 18.5. Waiver of Subro�ation: Permittee and Permittor each waives any and all rights of recovery against the other, or against the officers,employees,agents and represen#atives of the other, for loss of or damage to such waiving party or its property or the property of athers under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Permittee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Operating Permit. 19. LIMITATION UPON PERMITTOR'S LIABILITY. Per ittor shal! nat be liable for any dama�e to property or persons caused by, or arising o�t of (a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(c) any act or omission of any Permittee or ather occupants of the building, or their agents,servants, employees or invitees thereof. 20. INDEMNITY: Permittee covenants to defend, indemnify and save harmless Permittor against any and all claims arising from (a)the conduct and management of or fram any work or thing whatsoever done in or about the Premises or the improvements ar equipment thereon during the Operating Permit term, ar(bj arising from any act ar negligence of the Permittee or any of its agents,contractors, patrons, customers, or employees, or invitees, or (c) arising from any accident, injury, or damage whatsoever, however caused,to any person or persons, or to the property of any person, persons,corporation or other entity occurring during the Operating Permit term on, in, or about the Premises, and from and against all costs, attorney`s fees,expenses,and liabilities incurred in or from any such claims or any action or proceeding brought against the Permittor by reason of any such claim, except such claims arising directly or indirectly out of Permittor's sofe act or omission. Permittee, on notice from Permittor,shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to,and approval by Permittor. 21. HOLDING OVER: Permittee understands that upon expiration of the term of this permit, Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if,without execution of any extension or renewal af this permit, Permittee should remain in possession of the premises after expiratian ar termination of the terrn of this permit, notwithstanding any extension of its sublease with Lessee, then the Lessee shall be in default of its lease, LAG 09-006 and Permittor may evict the OPERATING PERMIT 1�, City of Renton to Classic Helicopter Corporation A GENDA 1 TEM #8. k) Lessee and the Permittee. All the conditions,terms and provisions of this permit shall be applicable during such holding over. 22. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Permittor of a breach by Permittee of any cavenant, agreement, stipulation,or condition of this Operating Permit shall be canstrued to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition,or a breach af any other covenant agreement, stipulation, or condition. 23. NOTICES: All notices or requests required or permitted under this Operating Permit shall be in writing; shall be personally delivered, delivered by a reputabie express delivery service such as Federal Express or DHI,ar sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Permittor shall be sent to Permittor at Permittor's address set forth below and a1! notices or requests to Permittee shall be sent to Permittee at Permittee's address set forth below. Permittor's Address: Airport Administration Office � �ttention:Airport Manager � 616 West Perimeter Road, Unit A Renton,Washington 98057 Permittee's Address: Classic Helicopter Corporation Attention:Gregory Baker 800 West Perimeter Road Renton,WA 98057 24. DISCRIMINATION PROHIBITED: 24.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex,national origin, or any other class of person protected by Federal or State law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Permittee further agrees ta furnish services on a fair, equal and not unjustly discriminatory basis to alf users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Permittee may make reasonable and non-discriminatory discounts, rebates,or other similar types of price reductions to volume purchasers. 24.2. Minoritv Business Enterprise Policv: It is the palicy of the Department of Transportatian that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently,this Operating Permit is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated OPERATING PERMIT 17 City of Renton to Classic Helicopter Corporation AGENDA ITEM #8, k) against in connection with the award and performance of any contract, including Operating Permits covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin ar sex. 24.3. Application to Sub-leases: Subject to the provisions of Section 12 of this Permit, Permittee agrees that it wili include the above c{ause in al1 assignments of this Operating Permit or sub-leases, and cause its assignee(s) and sub-lessee(s)to similarly include the above clause in further assignments or sub-leases. 25. FORCE MAJEURE: In the event that either party hereto sha11 be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockauts, labor troubles, inability to procure materials,failure of power, restrictive governmental faws or regulations, riots, insurrections, war, or other reason of fike nature not the fault of the party delayed in performing work or doing acts required under the terms of this Operating Permit,then performance of such act shall be extended for a period equivalent to the period af such delay. The provisions of this Section shall not, however, operate to excuse Permittee from the prompt payment of any payment required by the terms of this Operating Permit, to be made by Permittee. I � 26. TRANSFER OF PREMISES BY PERMITfOR: In the event of any sale, conveyance, ' transfer or assignment by Permittor of its interest in the Premises, Permittor shall be relieved of all liability arising from this Operating Permit and arising out af any act,occurrence or omission occurring after the consummation of such sa{e,conveyance,transfer or assignment. 7he Permittor's transferee shall be deemed to have assumed and agreed to carry out all of the obfigations of the Permittor under this Operating Permit. 27. ATTORNEYS' FEES AND COSTS; COILECTION COSTS: If either party brings any action for refief against the other party, declarafiory or otherwise,arising out of this Operating Permit, including any action by Permittor for the recovery of Rent or possession of the Premises,the prevailing party shall be entitled ta reasonable attorneys' fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a �awsuit,then any attorneys'fees for collection af past-due rent or enforcement of any right of Permittor or duty of Permittee hereunder shall entitle Permittor to recover, in addition to any late payment charge, any casts of collectian or enforcement, including�easonable attorney's fees. For the purposes of this Section 27, attorney's fees shall include a reasonable rate for attorney's employed by the City. 28. EMERGENCY RESPONSE: Permittee must provide to the Airport Manager reasonable access and response in times of emergency or urgency. The Permittee is wholly responsible to keep an up-to-date listing of aircraft types, identification,and owners on file and at the Airport Manager's office. 29. DEFINITIONS: As used in this Operating Permit,the following wards and phrases, whether or not capitalized, shall have the fa�lowing meanings: OPERATING PERMIT 1$ City of Renton to Classic Helicopter Corporation AGENDA ITEM #8. k) "Additional Rent" means any charges or monetary sums to be paid by Permittee to Permittor under the pravisior►s of this�perating Perrnit other than Minimum Monthly Rent. "Autharized representatives" mear�s any oificer,agent,ernployee, independent contractor or invitee af either party. "Environrnental laws and Requirements" means any and al!federal,state, local laws, statutes,ordinances, rules, regulations and/or comman{aw relating to environmenta! protection, cantamination,the release,generation,production,trar►spa�t,treatment, processing, use, disposai, or storage of Nazardaus Substances,worker health or safety ar industria!hygiene,and the regulatians prt�mulgated by regulatary agencies pursuant to these laws,and any applicabCe federal,state,and/or local regu(atory agency-initiated orders, requirements,obligations,directives, notites, approvals, licenses,ar permits. "Expiratian" means the corrring to an end o#fihe time specified in the Operating Permit as its duratign,including any extension of the Term. "Hazardous Substance�" means any and a!I material,waste,chemical,compour��l, substance, mixture or byproduct that is identified,defined,designated, listed, restricted or otherwise regulated under any Environmenta! Laws and Requirements as a "hazardaus CO[15ti�U£flt,,, •�hazardous substance,,, "hazardous material," „extremely hazardaus rnaterial,r' "hazardous vvaste," "acutely hazardous waste,"' "hazardous waste constituent," "infectiaus W85�e,�� "!1'1edtC��W�St£," "biahazardous waste," "extrernely hazardaus waste," `��lO��Ut8t1�," ��tQXIC(JO��Ut3Clt"4C��cantarninant." The#erm "H8Z3CCJ4U5 SU�?St211C@S�� 111C�UC�@S, Wit�1QUt limitation, any material or substance which is(i} hexavalent chromiurn;{�i� pentachlorophenol; (iii)volatile organic compaunds; (iv7 petroleum;(u)asbestos; (vi1 designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Contro)Act,33 U.S.C. § 2251 et ser{. (33 IJ.S.C. § 1321j; (viij defined as a "hazardous waste" pursuant to Sectian ].004 of the Federa) Resource Conservation and Recovery Act, 42 U.S.C. §69Q1 et seq. {42 US.C. § 6943j; {viii� defined as a "haza�dous substance" pursuant to Section 101 of the Comprehensive Environmenta) Response, Compensation and Lyability Act of 1980,as arnended,42 U.S.C. § 9601 et seq.{42 U.S.C. §9601�;or{ix� designated as a "hazardous substance" pursuant to the Washington Model Toxics Contrvl Act, RCW 7l7.105D.010 et seq. "Parties" means Permittor and Permittee. "Person" means one ar more hurnan beings, ar legal entities ar other artificial persons, including wlthout limitation, partn�rships,corporations,trusts, estates, associations and any combination of hurnan beings and legal entities. "RenY' means Minimum Monthly Rent,as adjusted frorn tirne ta time under a Lease, and Additional Rent. OPERATlNG PERMIT �g City of Renton to Classic Helicnpter Corporation AGENDA ITEM #8, k) 30. GENERAL PROVISIONS: 30.1. Entire A�reement: This Operating Permit sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them.This Operating Permit may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. In the event of a conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee,the terms of this Permit supersede. J 3Q.2. EXEMPTION OF PERMITTOR FROM LIABlLITY: Permittor or Permittor's agents shall not be liable for injury to persons or to Permittee's business or loss of income therefrom or for damage which may be sustained by the person,goods,wares, merchandise or property of Permittee, its authorized representatives, or any other person in or about the Premises, caused by ar resulting from (a)fire, electricity, gas,water or rain which may leak or flow from or into any part of#he Premises, (bj any defect in or the maintenance or use of the Premises, or any improvements,fixtures and appurtenances thereon, {c)the Premises or any impravements,fixt�res and appurtenances thereon becoming out of repair,�(d)the breakage, leakage, obstructio or other defects of the pipes, sprinklers,wires,applian es, plumbing, heating, ventitating or air conditioning or lighting fixtures of the Premises, (e)flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(f)any act or omission of any other tenant or occupant of the building in which the Premises are located,or their agent5,servants, employees,or invitees, provided, that the foregoing exernption shall not apply to losses to the extent caused by Permittor's or its agents', cantractors', or employees' negligence or willful misconduct. 30.3. Governin� Law:This Operating Permit shall be governed by,and construed and enforced in accardance with,the laws of the State of Washingtan. 30.4. Severabilitv: Should any of the provisions of this Operating Permit be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Operating Permit shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 30.5. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Operating Permit,the parties agree to be subject to exclusive in personam jurisdiction in the Superior Caurt of the State of Washington in and for the County of King or in the United States District Caurt for the Western District of Washington. 30.6. Waiver: No waiver of any right under this Operating Permit shalf be effettive unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed ta be a waiver of any future right or of any other right arising under this Operating Permit. OPERATING PERMIT 20 City of Renton to Ciassic Helicopter Corporation AGENQA ITEM #8. k) 3Q.7, Captions: Sectian captions contained in this C7perating Permit are included for convenience only and forrn no part of the agreement between the parties. 34.8. Assi�nee as Permittee:The terrn '"Permittee" shall be deemed to include the assignee where there is a full assignment of the Qperating Permit. 3Q.9. Effectiveness: This Operating Perrnit shall nat t�e binding or effectiue until properly executed and delivered by Permittor and Permittee. 3Q.10. Gender and Number: As used in this C?perating Permit,the masculine shaU include the feminine and r►euter,the feminine shall include the masculine and neuter,the neuter shall include the masculine and feminine,the singular shall include the plura!and the piural shall indude the singular,as the conteact may require. 34.11. Time of the Essence: Time is of the essence in the performance of all cavenants and conditions in this dperating Perrnit for which time is a factor. i 3{�.12. �aint and Several liabilitv: !f Permittee is corn}�osed of mare than one person or entity,then the obligations af all such persons and entities under this Ctperating Permit shall be joint and several. 34.13. Na Recordation Without Gon�ent of Permittar,: Permittee shall not record this dperating Permit or any memorandum ofi this(?perating Permit without Permittor's prior writter� cansent. 30.14. Cumulative Remedies: No remedy ar election hereunder shall be deemed exdusive,but sha{I,wherever possible, be cumulative with al{other rernedies at{aw or in equifiy. 30.15. Cortaarate Authoritv: If Permittee is a carporation or limited liability cornpany, each individual executing this Operating Permit on behalf of said corporation or limited liability company represents and warrants that he is duly authorized ta execute and deliver this Operating Permit an behalf pt said corporation or limited liability company pursuant to duly enacted resolutions or o#her action of such corporation or limited liability company and that this Operating Permit is binding upon said carporation or limited liability cc�mpany in accordance with its terms. 30.16. Addenda: The provisions of this Operating Perrnit sha!! be subject to those of any Addenda and Exhibits attached hereto. OPERATING PERMI7 �1 City of Renton ta Classic Heliccrpter Corppration AGENDA ITEM #8. k) PERMITTEE: PERMITTOR: CLASSIC HELICOPTER CORPORATION THE CITY OF RENTON a Washington corporation a Washington municipal corporation � ����!� �Y 1�� Denis Law its: Ownerji�� S�crtr��'=Tv'PQSr.�,,,p�_ Mayor Date: C( J Ct�wu�a.� �.�, Date: � ATTEST: � i Bv � � lason Seth, City Clerk Date: Approved as to legal form: Larry Warren, City Attorney OPERATING PERMIT z2 City of Renton to Classic Helicopter Corporation AGENDA 1TEM #8, k) STATE OF WASHI(VGTON ) .ss. CO U NTY O F �-1 {��1�' ) I certify that I know or have satisfactory evidence that rtvb�$ �'� • .R'-�� is the persan who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such forthe uses and purposes mentioned in the instrument. Dated tfiis � ��� day of .�c��luewvl� ,201�. 0 `������\���t 1 t i��t ,-.1`�'�/.�-�L?� �s�''�'�``--'' ��� p, SAAqp��rl��� . � �\`�\����� [Signature of Notary] : O��gS�ON f,�',o��, /�f p � i :��` OSA�Qy'��'�i,�� /� � 1 Q�tiQ� ��t �"j/s�t..../ i 'd � v': r • 's� — • ~ : . [Print Name of NotaryJ ( � � - z � % c��%,,� ,oUg�.�4 s�C� r � I �ij y�;��+,,8�09����`��C� ; Notary Public in and for the State af ��4�� pF WAg�c'�,���� Washington, residing at i-�_Tc�-vrS, ��". ���t�ti�„1������` My commission expires: �S� • STATE OF WASHINGTON } :ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared befare me,and s/he acknowledged that s/he signed this instrument,on oath stated that sJhe was autharized to execute the instrument and acknowledged it as the Qf ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 201_ [Signature of NotaryJ [Print Name of Notary� Notary Public in and for the State of Washington,residing at • My commission expires: OPERATING PERMIT 23 City of Renton to Classic Helicopter Corporation A GENDA ITEM #8. k) STATE OF WASHINGTON ) :ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on aath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of ,2p1 [Signature af NotaryJ � [Print Name of Notary] I I Notary Public in and for the State of Washington,residing at My commission expires: STATE OF WASHINGTON } :ss. COUNiY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of ,a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of ,201 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington,residing at . My commission expires: OPERATiNG PERMIT �� City af Rentnn to Classic Helicopter Corporation AGENDA ITEiVI #8. k) Ex��arr a Sublease Map � � OPERATIN6 PERMIT �5 City nf Rentan to Classic Helicapter Corparation A GENDA I TEM #8, k) �',:��,�,��ri�,.*� �G.z..�.-, ,�r- „�'X y i�3 i�r- � a�uca� ti�� ��a H n Q Q jv a , s�-..tt� TO: Jonathon R. Wilson Airport Manager Renton Airport/Clayton Scott Field FR: F. Gregory Baker Owner, Classic Helicopter Corporation Date: 03 November 201 S Ref G�pei�ating Per•f�tit Appl[cation;Descr•iptia�i of Litended 4�se i i Good day]onathon, i ` Thank you for taking the time to meet with Gordon and I a couple af weeks ago. Further to our discussion and our Operating Permit Application,herein is a description of Classic's intended use af the office, hanger and ramp space we plan on sub-leasing from Rainier Flight Service at 800 West Perimeter Road, Renton, WA 9805'7. LEASEHOLD SPACE As shown in the attached diagrain CHC will occupy the entire west portion of the mezzanine area(and one desk in the srnaller east portion) for its administrative offices and training area. We will likewise occupy the entire north portion af the hanger for parking aircraft and for our RHC (Robinson Helicopter Company) Service Center. Under the terms of our sub-lease we will have access in common with RFS of the large classroom,restroorns and kitchen. We will establish a small reception desk for Flight-seeing, charter and other Part 91 or Part 135 customers in the current RFS lobby area currently occupied by the RFS student/rental pilot flight planning counter. FLIGHT and GROUND TRAINING CIassic conducts rotorcraft and occasionally fixed wing flight and ground training under Part 61. Additionally we conduct rotorcraft flight and ground training under a Part 141 Certificate for Private, Commercial, Instrument, Flight Instructor, Flight Instructor Instrument and Airline Transport Pilot. We hald an authorization to train veterans using the VA benefits directly and as a subcontractor to Green River Cornmunity College and Charter College. We also train non-VA students from both institutions. We also hold a SEVIS authorization and regularly train non-US citizens, again under our Part 141 Certificate. Our student census usually averages 10-20 students. AGENDA ITEM #8. k) FLIGHTSEEING Classic and its affiliate SeattleHeliTours conduct flight seeing aperations under Part�1 and a Letter ofAuthnrization frozn the Seattle FSDC}. We offer pre-established routes ranging in flight time from .3 to .7 hours. All our pre-established routes are conducted to the narth c�fKRNT. Our departures for hua af the rautes would typically run along the shoreline past Rainier Beach(tl�e West Channel arrivalldeparture}, and for the third route will travel alang either the east�horeline to intersect the East I-90 (East Channel arrival/departure)or the West Channel route subject ta traffic and the Tower. We regularly re-evaluate our routes far noise and nuisance abateme��t. Classic also offers flight seeing for custom routes outside a 25-mile radius under aur Part 13S Certificake. CHARTEl2 OPERATIONS Classic conducts charter operatians under our Part 135 Certificate. PART 91 �OMMERCIAL OPERATIONS � ( Classic conducts a wide variety af commercial opera�ions under Part 91 including but not limited to cornraerciai photography, DEQ and DNR fligl�ts, oil spill response training and etc. COMMUNITY Classic regularly conducts volunteer flights for the Puget Sound Blood Center(now cailed Blaodworks}picking up donated blood fram drives in western Washington,north as far as Ferndale and south to Vancauver and Camas. t�e have conducted sevexal"Make a t�Vish"flights and contribute flight seeing tours and gotf ball draps to a variety of charities area wide. RUBINSON HELICCIPT�R COMPANY DEAI.ERSHIP Classic is an Authorized Robinson Helicopter dealership. ROBINSUN HELICOPTER COMPAI�ti'AUT�-IURIZED SERVICE CENTER Classic is an authorized Robinson Helicopter Service Center. We gerform a variety of service operations, on rotorcraft of all types,including Robinsans. Service operatians include 140-hour inspections, annual inspections, repairs and carnplete c�verhauls. We may caccasionally service fixed wing aircraft but that is not our primary business. EOUIPMENT Subject to demand and student census, Classic operates 3-4 Robinsan R22s including one instrument trainer, 2 R44s,including one instrument trainer and from time to time a Be112Q6 B or L model. Our prirnary flight training aircraft are the R22s. Our primary flight seeing and charter aircraft are the R44s. Carnmercial photagraphy is conducted using both aircraft models. We also are equipped with the required parts and tools ta operate our Service Center. AGENDA ITEM #8, k) STAFF Classics staff includes: Administration: 1. A full and part-time(weekends and some Fridays)receptionist. 2. A part-time Accounting Manager and a part-time Marketing Director, equaling slightly more than one FTE position. 3. Six full time flight instructors, tour and Part 91 Commercial operations pilots including our Chief Pilot/Flight Instructor. 4. Two part-time tour pilots, also flight instructors. 5. Two part-time(one FTE)A&P mechanics. One is an IA. FLIGHT AND RAMP OPERATIONS �he numerical inajority of flights launched froin our ne� facility will be training flights. As is urrently the case we expect that the majority of trainingiflights will depart KRNT and relocate to fields such as Boeing Field(KBFI), Auburn (S50}, Bremerton(KPWT), Arlington (KAWO), Crest(S36), Pierce County(KPLU) or oth�er regional general aviation airports. We expect to use + the helicopter training area(grassy area) oh the east of the field for some training, e.g. havering ' autos or slope landings. Tawer Mana�ement. We have discussed our intended flight operations at length with Mr. Giidea, KRNT Tower Manager. We have agreed in principle on a number of specific arrival/departure routes (for both RW 16 &34), a training pattern on the east side of the field to use when are operating from the NE grassy area that avoids overflight of Boeing buildings and downtown. For south arrivals we will maximize the use of the Long Acres training area as an initial calling point (this keeps us out of the centerline traffic along SR 167) and uses the west side for downwind or straight in arrivals. For north arrivals we will maximize use of the so- called West Channel approach at ar below 800'MSL initially reporting to the tower from the west end of the SR 520 bridge. For north arrivals on the east side we will fly the I-405 at 500'MSL turning base along N 6`h Street. This arrival at Mr. Gildea's suggestion. This will keep our aircraft inside and below the fixed wing aircraft pattern. � Per our conversation with Mr. Gildea wilt contact the tower on 124.7. Once approved for departure,at our own risk, will depart either directly from the ramp, the service road or the Alpha taxiway unless otherwise directed by the tower. Ramu Onerations. Attached is a diagram showing our intended ramp operations. No more than two helicopters will be staged on the ramp at any given time. Both the R22 and the R44 have ground handling wheels. The R22 is easily moved by one pilot,the R44 by t�vo. We have a gound handling cart for the R44 that allows it to be moved by one pilot. When not operating our aircraft will be located either in our hanger space or in the north section of the current fuel truck containment area. AGENDA ITEM #8, k) RFS has designed the self-serve fiieling taxiway with a 44' ctearance. The R44 MR blade diameter is 33', the R22 MR blade diarneter is 25'. Only one aircraft�vili be running ak any given time in the start-up area. As a inatter of current aperating procedure (at other airports, including c�ur current locatian at KBFI}and in our future aperatitrns at K;.RNT helicopters will not be started while someone is fueling at the self-service pump nor if an aircraft zs being pre-flighted irnznediately north afthe helicopter area. C�nce approved the self-fizeling taxiway and the helicapter ra�np wiil be painied appropriately, � ( � � � 27 Na��ernber 2015 Aniended SEarr�.�HE�.�ovRs.conn AGENDA /TEM #8. k) RF.�Draft Nvvember 2, 2l71 S SUBLEASE AGREEMENT Rainier Flight Service LLC to Classic Heticapter Carporatian THIS SUBLEASE AGREEMENT(hereinafter'lease") is made and entered inta this � ��` day of ��nc�t�-u , 201�'t by ��d betweett RAINlER FLIGNT SERVICE, L�.C, a Washington limited Iiability company (hereinafter °landlord"�, and CLASSIC NELICfJPTER CaRPQRATION, a Washington carporation(hereinafter„Tenant"�. In consideration of the covenants and agreemenfis set forth in this Lease, Land{ord and Tenant agree as fa!laws: 1. GRANT OF SUBIEASE: l.a. Documents of Lease: The following document constitutes this�.ease; Exhibit A- Lease Map and Legal Description � Exhibit B-Aircraft Laws and Re�ulations, RCW 47.68.25p: Public Highways and ( Transportation j � 1.b. Descriatian af Subleased Prernises,: Landlord hereby ieases to Tenant, and Tenant leases fram Land(ard for the term described in Section 3 below, those cer�ain portions of the hanger building and tie-down area located at 800 West Perimeter Raad which are highlighted in bold on Exhibit "A" {lease maP), attached hereta and incarporated here'sn by this reference, (hereinafter, "Premises"}. 1.c. Camman Areas: Tenant, and its a�thorized representatives, subtenants, assi�nees, agents, invitees, and licensees, shali have the right to use, in common with others, on a non-exclusive basis and subject ta the �andlard's use and the Airport Regulations and MinCmum Standards (as they may be amended fram time to time} pursuant to Section 8(e) befow, the public p4rtion of the Rentan Municipai Airport (aka Clayton Scott �ield, hereinafter Teferred to as "Airport"), inc�uding the runway anc! other pubiic faciiities pravided thereon. Te�ant`s use o#the common areas shall not interfere with the Landlard's business aperations, 2, COND1710N5: 2.a�. Specific Conditions: This Lease, and Tenanfis' rights and permitted uses under this Lease,are subject to the followin�: 2.a.{Sj. The Airport Regulations and Minimum Sfiandards pursuant to Section 8(e} of this lease agreement, including City fo Renton's standards concerning operatian pf public aviation service activities fram the Airport; and LEASE AGREEMENT X Rainier Flight Service,LLC to Ciassic HeGcopter Corporation AGENDA ITEM #8. k) RFS Draft November 2, 20I5 2.a.(2). All such non-discriminatory charges and fees for such use of the Airport as may be established from time to time by the City of Renton. 2.b. No Convevance of Airport: This Lease shall in no way be deemed tt� be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The City af Renton reserves the absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitabie for the Airport, except that portion that is leased hereby. 2.c. Nature of Landlord's Interest: It is expressly understood and agreed that landlord is a tenant of the Airport under that certain lease between Landlord and the City of Renton dated November 1, 2014 (the "Master Lease"), the terms of which are incorparated herein by reference. The City of Renton holds and aperates the Airport and the Premises under and subject to a grant and conveyance thereof to the City of Renton from the United States of America, acting through its Reconstruction Finance Corporation, and subject to a11 the reservations, restrictions, rights, c nditions, and exceptions of the United States therein nd thereunder, which grant and conv�yance has been filed for record in the office af the Recor�ler of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that the City of Renton holds and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of this Lease are or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if r�ecessary, modify or supersede any provision of this Lease affected thereby, al! without any liability on the part af, or recourse against, Landlord in favor of Tenant. 2.d. Future Development/Fundin�: NoYhing contained in this Lease shall operate or be construed ta prevent or hinder the future development, improvements, or operation af Airport by the Landord or the City of Renton (as the case may be), or by their respective agents, successors or assigns, or any department or agency of the State of Washington ar of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement,or operation of the Renton Airport. 3. TERM: 3.a. Term: The term of this Lease as to the Premises shall initially be six (6) months (the "Initial Period") commencing on the mutual execution of this Lease (hereinafter "Commencement Date"), and, unless terminated by either party (in their sole discretion) in writing not less than 30 days prior to the end of such initial period, will auto-renew far an LEASE AGREEMENT 2 Rainier Flight Service,LLC to Classic Helicopter Corporation A GENDA ITEM #8, k) RFS Draft November 2. 201 S additional fifty-four months, terminating on � �, 2020 (hereinafter "Expiration Date"). 3.b. Termination Durin� Initial Period. If during the Initial Period either party identifies any operational conflicts that, determined in their discretion, are serious enough to require termination, such party will give written notice to the other identifying the conflict and requesting that it be cured or the lease terminated. The party receiving the notice may, at its aption, attempt the cure the conflict in not less than 30 days from the date the notice is received. If the conflict is not cured within such time to the noticing party's satisfaction, the lease will be terminated. If Landlord is the terminating party during the Initial Period, whether as a result of an operationai conflict or for reasons that are otherwise without cause (i.e. for reasonas that do not constitute a default as defined in Section 15 below}, Landlord will reimburse all reasonable costs incurred by Tenant for its pre-approved improvements, including improvements to the hangar door and the costs incurred to bring HVAC to the mezzanine office space. 4. RENT/FEE�/CHARGES: i 4.a. Minimum Monthlv Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of One thousand four hundred Dollars ($1,400), PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month. All such payments shall be made to the Rainier Fiight Service, 800 West Perimeter Road, Renton, Washingtan 98057. 4.b. Periodic Rental Adiustment: The Monthly Rent shall be subject to automatic adjustment at a rate that is in lack step with adjustments to the Landlord's Monthly Rent as set forth in the Master Lease. 4.c. Late Pavment Char�e: If any Rent is not received by Landlord from Tenant by the tenth (10th) business day after such Rent is due,Tenant shail immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's nonpayment nor prevent Landlord from exercising afl other rights and remedies available to Landlord under this Lease or under law. If any check received by Land{ord fram Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant agrees to pay, an additional charge up to the maximum amount allowed by law. Landlord's acceptance of this additional charge shall not constitute a waiver of Tenant's default with respect to Tenant's returned check nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. Unpaid amounts of rent, late charges, or additional charges shall bear interest at the rate of twelve (12%) percent per annum until paid. LEASE AGREEMENT g Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA 1TEM #8, k) RFS Draft November 2, 20I5 4.f. Other Fees and Char�es: Tenant shali pay, in addition to the Minimum Monthly Rent and other charges identified in this Lease, all non-discriminatory fees and charges now in effect or hereafter levied or established by Landlard or the City of Renton or charged against the Premises and against other similarly situated Tenants at the Airport by the City of Renton, or levied or established by, or against the Premises by any other governmental agency or authority, being or becoming fevied or charged against the Premises, structures, business operations, or activities conducted by or use made by Tenant of, on, and from the Premises, including without limitation, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. S. LEASEHOLD EXCISE 7AX: Tenant shall pay to Landlord the ieasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shal! be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid at the same time the Minimum Monthly Rent is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter ievy or impose any similar t�x or charge on this Lease or the leasehold estate descr�bed herein, then Tenant shall pay suc tax or charge when due. Such tax or charge shall be in addition to the Minimum Monthly Rent and other taxes or charges payable under this Lease. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. Tenant shall pay for [_%] of utilities and services used in the Landlord's Premises under the Master Lease, including without lirnitation electricity, gas, water, sewer, garbage removal, janitorial service, and any other uti(ities and services used in the Premises. Landlord shall not be liable far any loss or damage caused by or resulting from any variation, interruption, or faifure of any utility services due to any cause whatsoever. Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alteratians or improvements, or due to accident, strike, act of God, or conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations hereunder. 7. TENANT'S ACCEPTANCE OF PREMISES: 7.a. Acceptance of Premises: By occupying the Premises,Tenant formally accepts the Premises in "AS IS" condition, and acknowledges that the Landlord has complied with all the requirements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the Commencement Date. Tenant hereby accepts the Premises subject to all applicable zoning, federal, state, county and municipal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use. LEASE AGREEMENT 4 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS Draft November 2. 201 S 8. USE OF PREMISES: 8.a. Use af Premises: The Premises are leased to the Tenant for the following described purposes and uses necessary to said purposes: 8.a.(1). Storage and tie-down of aircraft; 8.a.(2). Commercial flight operations including flight training, sightseeing, aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135; and 8.a(3). The operations of the Tenant's Robinson Helicopter Company(RHC) authorized sales dealership,and the operetions of the Tenant's RHC authorized service center. 8.b. Continuous Use: Tenant covenants that the Premises sha11 be continuously used far the purposes set forth above and shall not be allowed to stand vacant or idle, subject to re sonable, temporary interruptions for maintenance, co struction, or ather purposes, and sh�ll not be used for any other purpose without Landlord's �rior written consent. 8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly,ta aviation. 8.d. Advertisin�: Na advertising matter or signs shall be displayed on the Premises, at any time,without the prior written approval of Landlord. 8.e. Conformitv with Laws, Rufes and Re�ulations: Tenant shall comply with applicable federal, state, county and municipai laws, ordinances and regulations concerning Tenant's use of the Premises. Tenant shall keep and operate the Prem3ses and all structures,improvements, and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and other reasonable rules and regufations now or hereafter adopted by the Landiord or the City of Renton, provided that ali such Airport Regulations and Minimum Standards and other rules adopted hereafter are non-discriminatory, a!I at Tenant's cost and expense. 8.f. Waste: Nuisance; Illesal Activities: Tenant shall not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any i(legal purposes or activities. Tenant's operations shall not interfere with the aperations of Landlord's business. 8.g. Increased Insurance Risk: Tenant shall not do or permit to be dane in or about the Premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the Premises or other buildings and improvements at the Airport. 8.h. Hazardous Waste: LEASE AGREEMENT 5 Rainier Flight Service,LLC to Classic He6copter Corporation AGENDA ITEM #8. k) RFS Draft November 2. 201 S 8.h.(1). Tenant's Reqresentation and Warrantv: Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, ar the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and war�ants to Landlord that Tenant's intended use of the Premises does not and will not involue the use, production, disposal or bringing on to the Premises of any hazardous substances, hazardous material, waste, pollutant, or contaminant,as those terms are defined in any federal, state, county, or city law or regulation (collectively, "Hazardous Substances") other than fuels, lubricants and other products which are customary and necessary for use in Tenant's ordinary course of business, provided that such products are used, stored and disposed of in accordance with applicable faws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, remova! or cleanup by Tenant of Hazardaus Substances, in, on or under the Premises, or incorporated in any improvements or alterations I made by Tenant to the Premises, at Tenant's sol i cost and expense. � 8.h.(2). Standard of Care. Tenant agree5 to use a high degree of care to be certain that no Hazardous Substances are improperly used, released or disposed in, on or under the Premises during the Term by Tenant, or its authorized representatives or assigns, or are improperly used, released or disposed on the Premises by the act of any third party. 8.h.(3). Compliance Natification: 1n the event of non-compliance by Tenant,after notice to Tenant and a reasonable opportunity for Tenant ta effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such complia�ce with laws as it deems advisable to protect its interest in the Premises, provided, however that landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if(i) such delay might result in material adverse harm to the Premises or the Airport, or lii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by landlord in connection with such compliance activities and such obligatian shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in, on or under the Premises. S.h.(4). Indemnitv,: 8.h.(4�(a). Landlord shall have no responsibility to the Tenant, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, caunty or municipa! laws, in the event of a release of or disposition of any Hazardous Substances in, on or under the Premises during the Term that were caused by Tenant. Tenant shall defend, indemnify and hold harmless Landlord and the City of Renton, along with their respective officials, employees, agents and contractors (hereinafter "Indemnitees") from any claims, obligation, or expense (including, without limitation, third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, LEASE AGREEMENT 6 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS DraTt November 2, 2015 fines, liability, loss, damage, obligation or expense, including, but not limited ta, fees incurred by the Landlord or Indemnitees for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.1Q5D or other remediation, arising by reason of the release or disposition of any Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant. 8.h.(4)(b). The provisions of this Subsection 8.h.(4) shall survive the expiration or sooner termination of the Term. No subsequent modification or te�mination of this Lease by agreement af the parties or otherwise shal! be construed to waive or to modify any provisions of this Section unless the termination vr modificatian agreement or other document expressly so states in writing. 8.h.{5j. Dispute Resolution: !n the event of any dispute between the parties concerning whether any Hazardous Substances were brought onta the Premises by Tenant, or whether any release af or disposition of any Hazardous Substance was caused by Tenant, the parties agree to submit the dispute for resolution t�y arbitration upon demand by either party. Landlord an�l Tenant do hereby agree that the arbitration process shall be limited to nat more than one hundred fifty(150) calendar days, using the following procedures: 8.h.(5).a. Landlord shall select and appoint one arbitrator and Tenant shall select and appoint one arbitrator, both appointments to be made within a period of sixty {60) days from the end af the ne�otiation period cited in Section 8.h.(5), Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery of the letter shall be considered the date of appointment. 8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decision in writing within thirty (30) days after the date of their appointment. !f the appointment date for either arbi#rator is later than the other, the latter date shall be the appointment date for purposes of the thirty(30)day deadline. 8.h.(5).c. If the two arbitrators are unable to agree within a period of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the first thirty (30) day period, select a third arbitrator. If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (30) day period, either Permittor or Permittee may apply to the head af the Seattle office of the American Arbitration Association to appoint said third arbitrator. 8.h.(Sj.d. The three arbitrators shall have thirty (30) days from the date of selectian of the third arbitrator to reath a majority decision unless the time is extended by agreement of both parties. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. LEASE AGREEMENT 7 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) .RFS Draft November 2. 2DI S 8.h.(5).e. The arbitrakors shall be environmental consultants with experience in the identification and remediation of Hazardaus Substances. The arbitrators shall make their decision in writing within sixty(60) days after their appointment, unless the time is extended by the agreernent of the parties. The decision af a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 8.i. Aircraft Re�istration Compliance: The Tenant is hereby notified of the Washington State law concerning aircraft registration and the requirement that the Tenant comply therewith. See Exhibit B ("Aircraft Laws and Regulations, RCW 47.68.250 Public Highways and Transportation"j. 8.i.(1). Tenant shall annually, during the month of January, submit a report of aircraft status to the Landlord and the Airport Manager. One copy of thfs report shall be used for each aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant an the current registration status of each aircraft. If ar� aircraft is unregistered, an unregist�red aircraft report shall also be completed and submitted to the Airport Manager. 8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of sub-leasing tie-down or hangar space for an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the Tenant's Premises submit a report of aircraft status, or, if an aircraft is unregistered, an unregistered aircraft report. Tenant shall annually, during the month of lanuary, collect the aircraft owners' reports and submit them to the Airport Manager. 9. MAINTENANCE: 9.a. Maintenance of Premises: The Premises and all af the improvements or structures thereon and authorized by the Landlord for use by the Tenant, shall be used and maintained by Tenant in an operable, neat, orderly, and sanitary manner. Tenant is responsible for the clean- up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises, whether as a result of the Tenant's activities or having been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including, the interior walls, floors, and any interior portions of all doors, windows, and glass, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section. 9.b. Removal of Snow/Floodwater/Mud: Tenant shall be responsible for removal from the Premises, all snow and/or floodwaters or mud deposited,with the disposition thereof to be LBASE AGREEMENT g Rainier Flight Service,LLC to Classic HeGcopter Corporation AGENDA ITEM #8. k) RFS DraR November 2. 201 S accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord or the City of Renton upan the public areas of the Airport. 9.c. Maintenance. Reaair and Markin� af Pavement: Tenant shalf be responsible for, and shal) perform, the maintenance, repair and marking (painting) of pavement surrounding the buildings within and on the Premises to the extent the same are impacted by Tenant's operations. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavements, as necessary. 7a the degree the concrete and asphalt pavements are brought to FAA standards at any time during the Term of this Lease, Tenant shall maintain the concrete and asphalt pavements in such condition. 9.d. Ri�ht of Inspection: Tenant wi{I allow Landlord ar Landlord's agent, free access at all reasonable times to the Premises for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the contral of Landlord. Land ord shall provide ten (10) days' advance notice of any s�ch inspection and use reasonable eff rts not to interfere with Tenant's use of the Premises during any such inspection. 9.e. Landlord Mav Perfarm Maintenance: If Tenant fai{s to perform Tenant's obligations under this section, Landlord may at its option (but shail not be required to) enter the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an emergency when no notice shall be required, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payab(e as additional rental to Landlord together with Tenant's next installment of Rent. 1d. ALTERATIONS: 10.a. Protection from Liens: Tenant may nat make any alterations or improvements on the Premises without the express written consent of Landlord. Before commencing any work relating to alterations, additions and improvements affecting the Premises ("Work"), Tenant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay,or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' materialmen's liens or any other liens resulting from any Work. Tenant shal! have the right to cantest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause ta be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on the Premises,whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other LEASE AGREEMENT 9 Rainier Flight Service,LLC to Classic He6copier Corporation AGENDA ITEM #8. k) RFS Draft November 2, 2015 liens, then Landlord may, at its option, in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as tandlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlard in settling and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year fram the date of landlard's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 10.b. Bond: At any time Tenant either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, ar otherwise, Landlord may at its sole option require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in an amount equal to one and one-half(1-1/2)times the estimated cost of such improvements, to insure Landlord against liability fa� mechanics and materialmen's liens and to insure completion of the work. I10.c. Landlord Mav Make irnqrovements: Tenant �grees that Landlord may, at its option and at its expense, make repairs, alterations or improvements which Landlord may deem necessary or advisable for the preservation, safety or improvement of utilities or Airpart infrastructure on the Premises, if any, Landlord shall provide ten (10) days' advance notice of any such work and use reasonable efforts to not interfere with Tenant's use of the Premises during any such work. 11. IMPROVEMENTS: As further consideration for this Lease, it is agreed that upon the expiration or sooner termination af the Term, all structures and any and ali improvements of any character whatsoever installed on the Premises (except for any fuel tanks and related structures owned by Tenant) shall be and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time withaut Landlord's prior written consent. During the Term, as between Landlord and Tenant, Tenant shall hold title to all improvements placed by Tenant on the Premises. Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements before transfer of ownership of such improvements to Land{ord upon the expiration or sooner termination of the Term. Alternatively, Landlord may, at its option, require Tenant, upon the expiration or sooner termination of the Term, if any, to remove any and all improvements and structures installed by Tenant from the Premises and repair any damage caused thereby, at Tenant's expense. 12. EXEMPTION OF LANDLORD FROM LIABILITY. Landlord or Landlord's agents shall not be liable for injury to persons or to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises,caused by or resulting from (a) fire, electricity, gas, water or rain which may leak or f{ow from ar into any LEASE AGREEMENT 10 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS Draft November 2, 20I S part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming aut of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises;or�f) any act o�omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees, provided, that the foregoin� exemption shall not apply to losses to the extent caused by Landlord's or its agents', contractors', or employees'gross negligence or willful miscanduct. 13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless Landlord against any and all claims arising from (a) the conduct and management of or frorn any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Term, or (b) arising from any act or negligence or willful ( misconduct of the Tenant or any of its agents,Icontractors, patrons, customers, emplayees, or ( invitees, or(c)arising from any accident, injury,�or damage whatsoever, however caused,to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the Term in, an, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Landlord by reason of any such claim, except to the extent caused by the sole negligence of Landlord, its agents, contractors, employees, or its authorized representatives. Tenant, on notice from Landlord, shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all claims, losses, damages, costs, attorney's fees, expenses, and liabilities arising from the negligence or willful misconduct of Landlord or any of its agents, contractors, emptoyees, or authorized representatives. On notice from Tenant, Landlord, at Landlord's expense, shall defend any such action or proceeding forthwith. The indemnity in this Section shall not apply to Hazardous 5ubstances, which is addressed elsewhere in this Lease. 14. ASSIGNMENT&SUBLETTING: 14.a. Assi�nment/Sublettin�: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or subfease any part or all of the Premises, without prior written consent of Landlord and the City of Renton. Any assignment, encumbrance or sublease, whether by aperation of law or otherwise, without Landlord's consent shall be void and shall constitu#e a default by Tenant under this Lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignrnent or sublease shall be made without landlord's prior written consent. Before an assignment or sub-lease wilf be approved, the proposed assignee or sub-tenant must comply with provisions of the then current Airport Leasing Policies, including, but not limited to the LEASE AGREEMENT 11 Rainier Plight Service,LLC to Classic He6copter Corporation AGENDA ITEM #8, k) RFS Dratl'November 2, 201 S "Analysi5 of Tenant's Financial Capacity," independent of Tenant's compiiance or Financial Capacity. Consent shall not be unreasonably withheld, conditioned, or deiayed. In the case of an assignment of the full feasehold interest and/or complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity, (a) in the case of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perform all of TenanYs obligations under this Lease accruing after the date of such assignment, to the same extent as if it were the original Tenant, and (b) in the case of a stock transfer, Transferee shall deliver a written acknowledgment that it shall continue to be bound by all the provisions of this Lease after the transfer. Except in the case of an assignment of the full leasehald interest, any assignment permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. In no event will the assignment of the full leasehold interest or the complete sale of the stock or other 'nterests in the entity constituting Tenant and concomita t transfer of ownership of said entity�use an extension of the Term of this Lease. � 14.b. Conditions to Assi�nment or Sublease: Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shali{i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlard's rights under this Section, be unreasonably withheld, conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate the provisions of this Lease, and (iv) in the case of any assignment, acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of rent by the Landlord shall not be a waiver af any of Landlord's remedies against Tenant for violation of provisions of this Lease. A subtenant may cure Tenant's default. In either event, Landlord shall apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease. 14.c. No Release of Tenant's Liabilitv,: Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant, nor the application of any such Rent as p�ovided in this Section shalf be deemed a waiver of any af the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of TenanYs obligations under this Lease, including the obligation to pay Rent under this Lease, unless landlord otherwise agrees in writing. Notwithstanding the foregoing, in the event that Landlord's consent to assignme�t is obtained for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Lease accruing after such assignment,Tenant shall be relieved of all liability arising from this l.ease and arising aut of any act,occurrence or omission occurring after landlord's consent is obtained. To the extent that any claim for which indemnification of LEASE AGREEMENT 12 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8. k) RFS DraR Nnvember 2. 20IS the Landlard {inciuding with respect to Haxardous Substancesj arises after Tenant's compiete assignrnent for conduct predating said assignment, the Tenant shall not be retieved af abligations or liability arising from this Lease. 14.d. Documentation: No permitted subletCing by Tenant shal( be effective unti) there has been delivered to Landlard a copy af the sublease and an executed Qperating Permit and Agreernent in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease; provided that no Operating Permit shall be required for the subletting of hangar or tie-down space for aircraft storage purpases. No permitted assignment shall be effective un(ess and until there has been delivered to Landlord a counterpart of the assignrnent in which the assignee assumes all af Tenant's obligatians under this Lease arising on or after the date of the assignment. 14.e. Na Mer�er; Without limiting any af the provisions of this Section, if Tenant has entered into any subieases of any portic�n of the Premises, the uaiuntary or ather surrender of this Lease by Tenant, or �mutual cancellation by landiord and Tenant,shall nat w�►rk a merger and shaii terminate all or ny existing subieases or subtenancies. 15. DEFAULT AND REMEDIES: 25.a. Default: The occurrence of any af the follawing shall canstitute a de#ault by Tenant under this�.ease: 15.a,(1}. Failure to Pav Rent: Fai{ure to pay Rent when due, if the failure continues for a period of three (3j busirress days after notice of such default has been given by Landlard to Tenant. 15.a.(2). Faifure to Complv with Airoort Re�ulations and Minimum Standards; Failure tn comply with the Airport Regulations and Minimum Standards, if the failure continues far a period of twenty-four (24j hours after notiee of such default is given by Landlord to Tenant. If the faiEure to comply cannat reasonably be cured within twenty-fcaur (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to camply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. However, said inability to cure within twenty-four(24) hours, diligence and goad faith natwithstanding,cannot be based on financial incapacity, 15.a.�3). Failure to Perfarm or Cure: Failure to perform any other provision af this Lease, if the failure ta perform is not cured within thirty (30} days after notice of such default has been given by landlord to Tenant. If the default cannat reasonably be cured within thirty (30} days, then Tenant shall not be in default under this lease if Tenant cammences ta cure the default within thirty(30) days af the Landlard's notice and diligently and in good faith continues to cure the default, LEASE AGREEMENT 13 Rainier�light Scrviee,LLC to Classie Helicopter Carporation AGENDA ITEM #8. k) RFS Draft November 2. 201 S 15.a.(4). Aqpointment of Trustee or Receiver: The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to 7enant within sixty {6d) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty(60) days. 15.a.(5). Failure to Complv With Laws: It shall be a default of this Lease if the Tenant fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirernents of the federal, state, and/or city governments,or any terms of this lease. 15.b. Additional Securitv: If Tenant is in default under this Lease, and such default remains uncured for more than three (3) business days after Landlord gives Tenant notice of such default, then Landlord, at Landlord's option, may in addition to other remedies, require Tenant to provide adequate assurance of future performance of all of Tenant's obligations under this Lea e in the form of a deposit in escrow, a guarantee by a t�ird party acceptable to Landlord, a su�ety bond, a letter of credit or other security acceptablp to, and approved by, �andlord. If Tenant fails to provide such adequate assurance within twenty (20) days of receipt of a request by Landlord for such adequate assurance, such failure shafl constitute a materiat breach of this Lease and Landlord may, at its option,terminate this Lease. 15.c. Remedies: If Tenant commits a default,then following the expiration of the notice and cure periods set forth in Section 15.a. above, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law, and Landlord shall use reasonable efforts to mitigate its damages: 15.c.{1). IVlaintain Lease in Force: To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right ta possession, irrespective �f whether Tenant shall have abandoned the Premises. If Landlord elects to not terrninate the Lease, Landlord shal! have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to perform all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2). Terminate Lease: To terrninate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender LEASE AGREEMENT 14 Rainier Flight Service,LLC to Classic He6copter Corporation AGENDA ITEM #8. k) RFS DraR November 2, 201 S possess9on of the Premises to �andlord. In such event Landlord shall be entitled to recover from Tenant al! damages incurred by Landlord by reason of Tenant's default including without limitation thereto,the following: (ij any and ail unpaid Rent which had been earned at the time of such termination, plus (ii) any and all Rent which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the re-letting of the Premises, plus (iii) any other amaunt necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this lease or which in the ordinary course of business would be likely to result therefrom, including without limitation, in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for re-letting to a new tenant, including repairs or necessary alterations to the Premises for such re-letting, (D) leasing commissions incident to re-letting to a new tenant, and (E) any other costs necessary or appropriate to re-let the Premises; pius (iv) at landlord's election, such other amounts in addition ta or in lieu of the foregoing as may be permitted from tim to time by applicable state law.The amounts reference�d in this Section include interest at 12%�per annum. � 16. BiNDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon the parties,their successors and assigns, and in the case of a Tenant who is a natural person, his or her personal representative and heirs. 17. CONDEMNATION: If the whole or any substantial part of the Premises shall be condernned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that date. From that day the Tenant shall have the right to either cancel this lease and declare the same null and void, or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion ta the amount of the Premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Landlord, whether such damage shall be awarded as compensation for the diminution in value to the leasehold,or to the fee of the Premises herein leased. Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to 7enant. 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereta on the Premises, except movable office furniture or trade fixtures put in at the expense of Tenant,shali be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury. Tenant may remove from the Premises movable office LEASE AGREEMENT 15 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS Draft November 2. ZOl S furniture or trade fixtures put in at the expense of Tenant. Tenant shail, at its sole expense, properiy and promptly repair to Landlord's reasonable satisfaction any damage to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office furniture or trade fixtures and equipment, which repair shali include the patching and filling of holes and repair of structural damage. 19. INSURANCE: 19.a. Personal Pronertv: Tenant, at its expense, shall maintain in force during the Term a policy of special form — causes of loss or all risk property insurance on all of Tenant's alterations, improvements,trade fixtures, furniture and other personal property in, on or about the Premises, in an amount equal to at least their full replacement cost. Any proceeds af any such palicy available to Tenant shall be used by Tenant for the restoration of Tenant's alterations, improvements and trade fixtures and the replacement of Tenant's #urniture and other personal property. Any portion of such proceeds not used for such restoration shall � belong to Tenant. ( � , i 19.b. Liabifitv Insurance. Tenant, at its expense, shall maintain in force during the Term the following types of insurance (or equivalents): a policy of commercial general liability insurance (including premises liability), with the following limits: $1,OOO,Q00 per occurrence, $2,000,000 annual aggregate. Landlord and the City of Renton shall be named as an additional insureds on Tenant's liability insurance sofely with respect ta the operations of the named insured (i.e., Tenantj and that coverage being primary and non-contributory with any other policy(ies) carried by, or available to, the Landlord or the City of Renton. The Tenant sha11 provide the Landlord with written notice of any policy cancellation, within two business days af their receipt of such notice. 19.c. fnsurance Policies: Insurance required hereunder shall be written by a company or companies acceptable to Landlord. tandlord reserves the right to establish and, from time- to-time, to increase minimum insurance coverage amounts. Insurance required herein shall provide coverage on an occurrence basis, not a claims-made basis. Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least ninety(90) days prior to the annual renewal date of the Tenant's insurance. Prior to possession the Tenant shall deliver to Landlard documents, in a form acceptable to landlord, evidencing the existence and amounts of such insurance. Tenant shall, prior to the expiration of such policies, furnish Landlord with evidence of renewal of such insurance, in a form acceptable to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Tenant shall forthwith, upon Landlord's demand, reimburse Landlord for any additional premiums far insurance carried by Landlord attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance. If Tenant shall fail to procure and maintain such insurance, then Landlord may, but shall not be required to, procure and maintain the same, and Tenant shall promptly reimburse Landlord far the premiums and other costs paid or incurred by Landiord to procure and mainfiain such insurance. Failure on the LEASE AGREEMENT 16 Rainier Flight Service,LLC to Classic HeGcopter Corporation A GENDA ITEM #8, k) RFS Draft November 2, 201 S part of the Tenant to maintain the insurance as required shall constitute a material breach of the lease, upon which the landlord may, after giving five business days notice to the Tenant to corrett the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the landlord on demand. 19.d. Waiver of Subro�ation: Tenant waives any and all rights of recovery against the Landlord and City of Renton, or against their respective officers, employees, agents and representatives,for loss of or damage to Tenant or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Tenant shall, upon obtaining the policies of insurance required hereunder, give notice ta the insurance carriers that the foregoing waiver of subrogation is contained in this lease. 20. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or us� acquired under this Lease and upon any alterations ar I improvement made by Tenant to the Premises. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or condition of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the �andlord of rent after any breach by the Tenant of any covenant or condition by Tenant to be performed or observed shall be canstrued to be payment for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 22. NOTICES: All notices or requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shafl be sent to Landlord at landlord's acldress set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant's address set forth below: Landlard's Address: Rainier Flight Service Attn: Gordon Alvord 800 West Perimeter Road Renton,Washington 98057 Tenant's Address: Classic Helicopter Corporation Attn: F.Gregory Baker 8Q0 West Perimeter Road LEASE AGREBMENT 17 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS Draft November 2. 2015 Renton,WA 98057 Either party may change the address to which notices shall be sent by written notice to the other party. 23. DISCRIMINATION PROHIBITED: 23.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin, or any other class of person protected by federal ar state law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Tenant further agrees ta furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and no unjustly discriminatory basis for each unit of service; provided that Tenant may make reasonab�e and non-discriminatory discounts, rebates, or other sir�ilar types of price reductions to volume purchasers. 23.b. Minoritv Business Enterprise Policv: It is the poficy of the Department of TranspoRation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this Lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23,on the grounds of race,color, national origin or sex. 23.c, Apalication to Subleases: Subject to the provisions of Section 14 of this Lease, Tenant agrees thafi it will include the abave clause in all assignments of this Lease or sub-leases, and cause its assignee(s) and sublessee(sj to similarly include the above clause in further assignments or subleases of this Lease. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrirtive governmental laws or regulations, riots, insurrectians, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions af this Section shall not, however, aperate to excuse Tenant from the prornpt payment of rent, or any ather payment required by the terms of this Lease, ta be made byTenant. 25. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of LEASE AGREEMENT 1 g Rainier Ffight Service,LLC to Classic HeGcopter Corporation AGENDA ITEM #8. k) RFS Draft November 2, 20l S a{I liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment, provided that the Landlord's transferee sha11 have assumed and agreed to carry out afl of the obligations of the Landiard under khis Lease. 26. ATTORNEYS' FEES AND COSTS: COl.1.ECTION COSTS: If either party brings any action for relief against the other party, declaratory or otherwise, arising out of this l.ease, including any action by landlord for the recovery of Rent or possession of the Premises, the prevailing party shall be entitled to reasonable attorneys' fees and costs of litigation as established by the court. if the matter is not litigated or resolved through a lawsuit, then any attorneys' fees for collection of past-due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle landlord to recover, in addition to any (ate payment charge, any costs of collection or enforcement,including reasonab{e attorney's fees. For the purpose of this Sectian26, attorney's fees shall include a reasonable rate for attorney's employed by the c�ty. I ( 27. EIV`ERGENCY RESPONSE: 7enant must provide to th�e Airport Manager reasonable access and respanse in times of emergency ar urgency. The Tenant is whofly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 28. pEFINITIONS: As used in this Lease,the following words and phrases,whether or not capitalized, shall have the following meanings: "Additional RenY' means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this lease other than Minimum Monthly Rent. "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. "Environmental Laws and Requirements" means any and all federal, state, local laws, statutes, ordinances, rules, regulations and/or common law relating to environmental protection, contamination, the release, generation, production, transport, treatment, processing, use, disposal, or storage of Hazardous Substances, worker health ar safety or industrial hygiene, and the regulatians prornulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirements,obligations,directives, notices,approvals, licenses,or permits. "Expiration" means the coming to an end of the time specified in the Lease as its duration,including any extension of the Term. "Hazardous Substances" means any and all material, waste, chemical, compound, substance, mixture or byproduct that is identified, defined, designated, listed, restricted or LEASE AGREEMENT 19 Rainier Flight Service,LLC to Classic He6copter Corporation AGENDA ITEM #8, k) RFS Draft November 2, 20l S otherwise regulated under any Environmental Laws and Requirements as a "hazardous canstituent," "hazardous substance," "hazardous material;' "extremely hazardous material;' "hazardous waste," "acutely hazardous waste," "hazardous waste constituent," "infectious waste," "medical waste," "biohazardous waste;' "extremely hazardous waste," "po{lutant," "toxic pallutant" or "contaminant." The term "Hazardous Substances" includes, without limitation, any material or substance which is (i) hexavalent chromium; (ii} pentachloropheno{; (iii) volatile organic compounds; (iv) petroleum; (v) asbestos; (vi) designated as a "hazardaus substance" pursuant to Section 311 of the Federa! Water Pollution Control Act,33 U.S.C.§ 1251 et seq. (33 U.S.C. § 1321); (vii} defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq, (42 U.S.C. § 6903); (viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Respanse, Compensation and Liability Act of 1980,as amended,42 U.S.C. §9601 et seq. (42 U.S.C. § 9601); or (ix) designated as a "hazardous substance" pursuant to the Washington Model Toxics Control Act, RCW 70.105D.010 et seq. I "Parties" means Landlord and Tenant. I "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, and Additional Rent. 29. GENERAL PROVISIONS: 29.a. Entire AQreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrurnent in writing signed by a duly authorized officer or representative of each party hereto. 29.b. Governin� Law: This Lease shall be governed by, and construed and enforced in accordance with,the laws of the State of Washington. 29.c. Severabilitv: Should any of the provisians of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nanetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 29.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in LEASE AGREEMENT 20 Rainier Flight Service,LLC to Classic HeGcopter Corporation AGENDA ITEM #8. k) RFS Draft November 2. 20l S the Superior Court of the State of Washington in and far the County of King or in the United States Dis#rict Court for the Western District of Washington. 29.e. Waiver: No waiver of any right under this Lease shall be effective unless contained in a writing signed by a du{y authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perforrn shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 29.f. Captions: Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 29.g. Assi�nee as Tenant: The term "Tenant" shafl be deemed to include the assignee where there is a full assignment of the Lease. � 29.h. Effectiveness: This Lease shall� not be binding or effective until proper{y � ` executed and delivered by l.andlord and Tenant. 29.i. Gender and Number: As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular sha11 include the plural and the plural shall include the singular, as the context may require. 29.j. Time of the Essence: Tirne is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 29.k. loint and Several Liabilitv: If Tenant is composed of more than ane person or entity, then the obligations of all such persons and entities under this Lease shall be jaint and several. 29.1. No Recordation Without Consent of landlord: Tenant shall not record this lease or any mernorandum of this Lease withaut Landlord's prior written consent. 29.m. Cumulative Remedies: Na remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. 29.n. Corporate Authoritv: If Tenant is a corparation or limited liability company,each individual executing this Lease on behalf of said corporation or limited liability campany represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporatian or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. LEASE AGREBMENT 21 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8. k) RFS Draft November 2, 2d1 S � � LBASE AGREEMENT �� Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8. k) RFS Draft November 2, 201 S TENANT: LANDLORD: CLASSIC HELICOPTER CORPORATION RAINIER FLfGNT SERVICE a Washington corporation a Washington limited liability company � ~. - �e�tavt.� �ar- .� �-����.._ ��..� �_ By: �����'�� � G`drdon Alvord �ts: �%�s�r;Y ��_Trr'a�, Date: �C� �t,V�r►�`���- c' �j Date: /�i����.-t�c: s� �c'�.� I I LBASE AGREEMENT 23 Rainier Flight Service,LLC to Classic HeGcopter Coxporation AGENDA ITEM #8. k) RF5'Draft November 2. 2Ql S STATE OF WASHINGTOfV } :ss. COUNTY OF ) I certify that I knnw or have satisfactary evidence that is the persan wha appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that sJhe was authorized ta execute the instrument and acknowledged it as the af , a ,ta be the free and voluntary act af such far the uses and purpases mentioned in the instrument. Dated this day of ,2015. (S�gnature of lVotarY] t i [Print Name of Natary� � Notary Public in and for the Stafie of Washin�ton,residing at My comrnission expires: . STAI'E OF WASH{NGTQN } :ss. CC3UNTY OF } I certify that ! knaw ar have satisfactory evidsnce that is the person who appeared befare me, and sjhe acknowledged that s/he signed this instrurnent, an aath stated th�t s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and vo(untary act of such for the uses and purposes mentianed in the instrument. Dated thls day of ,2p1S, [Signature of Notary] [Print Name of Natary] Notary Public in and fvrthe State af Washington, r�siding at . My commission expires: . I,EASE AGREEMENT �,� Rainier Flight Service,LLC to Chassic HeGcopter Corparation AGENDA ITEM #8. k) RFS Draft November 2. 201 S STATE OF WASHINGTON ) .ss. COUNTY OF ) I certify that 1 know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowiedged it as the of , a ,to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 2015. [Signature of Noiary] ( � � [Print Nam�of Notary� Notary Public in and for the State of Washington,residing at . My commission expires: . STATE OF WASH(NG70N ) .ss. COUNTY OF j I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized ta execute the instrument and acknowledged it as the of , a , to be the free and vofuntary act of such for the uses and purposes mentioned in the instrument. pated this day of .2015. [Signature of Notary] jPrint Name of Notary] Notary Public in and for the State af Washington, residing at . My commission expires: . LEASE AGREEMENT ?� Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA 1TEM #8. k) RFS Draft November 2, 20X5 EXHI617 A lease Map and Legal Description [insert highlighted map depicting the subleased areasj � � � LEASE AGREEMENT �6 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8. k) G`��f�!/�! 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Cf�':AMt��� .w�.'r;lr°U�'21�dtt Ki)t "�r)Al;� .���Ss ^CiJ FG�� �.._....,__.....—_'___ c�CSXN f?YF '� �f� � � t [Pi57 t1�'F 4� �� �` },,, � h �1}'� FfXW'�fXJAPtFb cr�;7tQY'"fX��l�N t��� . r � Y f g i^— (1j j r _ Y__ .._�� _____ ����;,�`` � ���� � v r«�.�, .,�N �� _ �''`'�'''` �� .�. _,� � , .,V n t; + N i:r. ,z�� 4 � Y � \.. � t_f:rlSt:r1GRE�MF:NI` ?t� �.`"� y C�ty of Rentnn to Rai»icr i"liglit Service,I.LC `� !7� t ,11 3 - � � � AGENDA ITEM #8, k) RFS Draft November 2. 201 S � � , , LEASE AGREEMENT 27 Rainier Flight Service,LLC to Classic Helicopter Corporation AGENDA ITEM #8, k) RFS DraR November 2.201 S � 1 LEASE AGREEMENT � Ramier flight Scrvicc,LLC ro Classic Helicopter Coiporution AGENDA ITEM #8. k) RFS Draft November 2, 20I S EXHIBIT B Aircraft laws and Regulations, RCW 47.68.250: Pubiic Highways and Transportation. � � ( LEASE AGREEMENT 29 Rainier Flight Service,LLC to Classic Helicopter Corporarion AGENDA ITEM #8, k) RFS'Draft November 2. 201 S � ' _ � ch�He(p ' $C}ty��TlIIQ9Z�C�]anter 47_68 a,Se tron,� a7.6A 2S� Inside the Leg:s3ature ; Fnd Your Legislator a7.s82a0 « a7.se.25o>7 a7.68.255 * Visi�ngtheLegislature + Agendas,Schedules and RGW 47.68.250 Calendars � BiA InPormation Registra#ion of aircraft. * laws and Agency Rutes + LegislatNe Committees Every aircrah shail be registered with the department for each calendar year in which the * Legislative Agencies alrcraft Is opera�d or Is based within this state.A fee oi fifleen dailars sha(i be charged for * {.egislative Intormation each such regisUation and each annual renewal the�eot. Genter x E-mall Nofifications Possassion af the appropriate eftecCae federal certificate,permit,ra6ng,or 6cense (Listsen� relatlng to ownetship and airworthiness o€the aircra�,and payment of the excise tax * Civ(c Ed�cation �mposed 6y Tltle�RCW for the pdvilage of using the aircraft w�thin this state durira�the * Histo oi the Stata Year for whlch Ihe registratlon is sought,and payment of the tegistration fee requlred by this ry secfion shall be the on(y requlsitas tor registration of an aircraft under this sect(on. legisiature OutsiAs the Legisla�ure The registra[a�tee imposed by this section shall be payable to and colleckd by the secretary.The fee�for any calendar year must be pald dudng the month of January,and shall + Congress-the Other be colfected by ihe secretary at the time af the coliection by him or her of the said excise tax. Washington If lhe secretary is satlsfied that the requirements for registrauon oi 1he aircraft have been meX � Tyvy he or she shail thereupon issue to the owner of the aircraft a certiflcate oi registra6on * Washin ton Courts ��efor.The secretary shall pay to the state treasurer the tegisVaCbn fees collected un�t S this section,which reg�siraiion fees sha�be credited to the aeronau6cs account in the * OFM Fiscal Note Website transpoctation fund. Access It shall not be neeessary for the regisVant to provide the secretary with origlnals or copies �iii�Washi ngton+ of federa!certificates,permfts,ratings,or licenses.The secretary shall issue certificates of a����i ll�w L�irrmirn�ti1�w registratian,ot such other evidences of registration w payment of fees as he or she may deem proper,and in connection therewith may presoribe requirements for the possessian 2�4 and exhibition of such cer�ficaEes or other evidences. �uRl� The prwisions of this sectian shall not apply to: U�.cr�q \�u� (1)An aitcraft owned 6y and used exclusively in the service of any govemment or ar�r political subdivision thereof,including ttte government of the United States,any state, terrikory,or possession of the Uni6ed States,or the District of Columbia,which is not engaged in carrying persons or properry for commerGat purposes; t2)An alrcraft registered under the Wws of a forelgn country; (3)An alrcraft whlch is avneG by a nonresident and registered in anoiher stata: PROVIDED,That If said aircraft shal]remain ln and/or be based in this state for a period of ninety days or longer it shal�not be exempt under this section; (a}An aircraft engaged p�ncipally in commercial Hying wnst�uting an aot a(interstate or foreign commerce; (5y An aircrafl owned by the commercial manuEacturer thereofwhile being aperated for test or experimental purposes,or for the purpose of training crews far purchasers of the aircraft; (e}An aircraft being held far sale,exchange,delivery,test,or demonsUaUon purposes salely as stock in trade of an aircraft dealer licansed underTitle�RCW; {7}qn ai�craft based within the state that is in an unainvoRhy condition,is not operated within fhe regisVation period,and has obtained a written exempfion iss�d by the secretary. The secretary shall be notified within thirry days ot ar�y change in ownershlp at a __ _ _ _ _ __ __ _ LEASE AGREEMENT �� Rainier Flight Service,LLC to Classic HeGcopter Corparation AGENDA ITEM #8. I) ._..- � ''� CITY OF � - -- enton � . •. � . SUBJECT/TITLE: Operating Permit and Agreement: Pro-Flight Aviation Inc. RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7447 . . . Expenditure Required: $ N/A Transfer Amendment: $ NjA Amount Budgeted: $ N/A Revenue Generated: $ N/A Totat Froject Budget: $ rv/A City Share Tota! Project: $ nr/a � • • � • Pro-Flight Aviation Inc. has a sublease for a portion of the 750 West Perimeter Road building and apron space from Renton Gateway Center, LLC for the purpose of operating an aircraft maintenance services, flight training, and aircraft fueling business on the Airport. Pro-Flight Aviation's Operating Permit and Agreement expired on July 31, 2015, and the City and Pro-Flight Aviation have been negotiating a new Operating Permit and Agreement since then. The new Operating Permit and Agreement is to be effective retroactive to August 1, 2015, and will continue on a month-to-month term until July 31, 2020. At that time,the City and Pro-Flight Aviation will have the option to extend the Operating Permit and Agreement. In no event will the Operating Permit and Agreement extend beyond the end date of the lease between the City and Renton Gateway Center which expires on August 31, 2046. : A. Issue Paper B. Operating Permit and Agreement � ' • � � • Approve the Operating Permit and Agreement with Pro-Flight Aviation Inc. for their sublease of the 750 parcel from Renton Gateway Center, LLC. AGENDA 1TEM #8. I) PUBLIC WORKS DEPARTMENT �j ���0� .�.. M E M O R A N D U M DATE: January 15, 2016 T0: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Jonathan Wilson, Airport Manager, x7477 SUBJECT: Operating Permit and Agreement with Pro-Flight Aviation, Inc. ISSUE: Should Council authorize the Mayor and City Clerk to execute an Operating Permit and Agreement with Pro-Flight Aviation, Inc. for their sublease of the 750 parcel from Renton Gateway Center, LLC? RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Operating Permit and Agreement with Pro-Flight Aviation, Inc. for their sublease of the 750 parcel from Renton Gateway Center, LLC. BACKGROUND: Pro-Flight Aviation (Pro-Flight) operates as a Fixed Base Operator at the Renton Airport. Pro-Flight has been an established tenant on the Airport since 1994 and provides mobile aircraft fueling, pilot supplies, flight training, and aircraft maintenance services from the property located at 750 West Perimeter Road. On July 31, 2015, Pro-Flight's existing Operating Permit and Agreement (Operating permit) expired. Airport staff notified Pro-Flight that their Operating Permit was expiring and Pro-Flight submitted a new Airport Lease and Operating Permit application on August 4, 2015. AGENDA ITEM #8. I) Randy Corman,Council President Members of the Renton City Council Page 2 of 2 January 15,2016 Airport staff conducted a review of the application materials and asked Pro-Flight to submit a copy of the current lease between Renton Gateway Center, LLC (RGC) and Pro- Flight. The City has a lease with RGC, and RGC has a lease with Pro-Flight to provide fixed base operator services. Pro-Flight submitted their lease with RGC to Airport staff thereafter. Upon further review of the documents, the Airport asked Pro-Flight to submit an updated Business Plan showing how Pro-Flight intends to operate their business on the airfield. Pro-Flight submitted a Business Plan on October 13, 2015. The review of Pro-Flight's application documents concluded that an Operating Permit for this business was acceptable. In the last two months, the Airport and City legal staff have been crafting the new Operating Permit. Recently, the City and Pro-Flight have been negotiating terms of the new Operating Permit. The new Operating Permit will allow Pro-Flight to continue offering the products and services they have historically offered to include: 1. Aircraft Maintenance; 2. Storage and tie-down of aircraft; 3. Commercial flight operations (flight training); 4. Sale of fuels and lubricants; 5. Sale of parts, components, and pilot supplies; 6. Aircraft servicing with fluids and compressed gases; 7. Aircraft grooming; and 8. Aircraft sales, leasing, and management. The Operating Permit, similar to other Operating Permits on the Airport, is granted on a month-to-month basis until July 31, 2020. Pro-Flight may ask for an extension to this Operating Permit as 2020 nears. Pro-Flight's Operating Permit will not extend beyond August 31, 2046 which is the end date of RGC's lease on the property. cc: Doug Jacobson,Deputy PW Administrator—Transportation Heather Ulit,Transportation Administrative Secretary �_� AGEA/DA ITEM #8, 1) PA�a QPERATING PERMfT ANp AGREEMENT between the City af Renton and Pro-Flight Aviation, Inc. THlS IS A PERM17 TQ OFERATE AN AVIATION RELATED ACTIVITY UP(?N THE RENTON MUNICIPAL AIRPORT AIVp AN AGREEMENT(hereinafter"Operating Perrnit"j between TIiE CiTY OF RENTON, a Washington municipa(ccarporation (hereinafter "Permittor"), and Pra-Flight Aviation, Inc., a Washington corparation (hereinafter"Permittee"7. !N CON5IDERATION af the covenants and agreements hereinafter set farth,the parties agree as foilows: 1. ACK{VQWLEDGEMENT QF 5UBlEASE: � 1.,1. Pursuant to lease agreement LAG p9-006,executed c�n Clctober 7, 2009,the City af Renton (Landiord)granted a lease of the parcel located at 75Q W�st Perimeter Road, Renton, Washingtnn 98057 to Renton Gateway Center LIC, as Lessee,for the purpnse of aperating a Fixed Based Operation, which includes/included aircraft maintenance inc(uding inspection, major and minor repair, and major and minor alteration of airframes, engines,avionics, interiors, and aircraft camponents, storage and tie-d�wn of aircraft, both indaors and outdoars, commercial flight operations including flighC training, aircraft rental, sightseeing, aeriaf phc�tography,and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135, sale af aviatian fuel and lubricants, sale af aircraft parts, companents and piiot supplies, aircraft servicing with fluids and compressed gases, aircraft grooming, and aircraft safes, leasing and management. 1,2. Thereafter, Rentan Gateway Center LLC (Lessee}sub4et a portion of the subject premises to Pro-Flight Aviation, Inc., (Permittee) by a lease Agreement,executed on Decerr►ber 14, 2011,far the purpose/purpases af aperating a Fixed Based Operation an and within the subleased premises,as described k�elow, {ocated at 750 West Perimeter Road, Rentan, Washington 98057.The Initia4 Term of this sublease expired on July 31, 2015. Thereafter,the sub�ease converted to a month-to-month lease. 1.3. The Lease Agreement executed on December 14, 2011, between Renton Gateway Cen#er, LLC, and Pro-�light Aviation, Inc. has been amended. The Lease Agreement executed on December 14, 2Q11, and the subsequent Amendment#1 to Lease Agreem�nt,executed an December 9, 2015, are both attached hereto as Exhibits A and B, respectively, and incorporated by this reference. 2. GRANT OF OPERATING PERMIT: 2.1. Descriptian of Premises: The Premises leased by Pro-Flight Aviation, inc.,the Permittee, is described in Amendment#3 ta L.ease Agreement af the subCease b�tween Rent�n Gateway Center and Pro�{ight Aviation. (�PERATING PERMI'I' �� I ���A L , City of Renton tt�Pru-Flight Aviation,Inc. AGENDA ITEM #8. I) 2.2. Common Areas: Permittee, and its authorized representatives, subtenants, assignees, agents, invitees, and licensees, shall have the right to use, in comman with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may be amended from time to time) pursuant to Section 8.S below and subject to the terms of its sublease, the public portion of the Renton Municipal Airport {aka Clayton Scott Field, hereinafter referred to as "AirporY'), including the runway and other public facilities provided therean. z.2.1. Notwithstanding anything in this Operating Permit to the contrary, Permittor acknowledges that direct access to the taxiways and runway from the Premises is essential to the conduct of Permittee's business on the Premises and, except during construction activities occurring on the taxiways, runway or weather-related events, Permittor shall not do anything that wouid interfere with direct access to the taxiways and runway by the Permittee and its representatives, subtenants, assignees, agents, invitees, and licensees during the 7erm of this Operating Permit, PROVIDED that if Permittor plans any construction activity on the taxiways � � or runway, Permittor will schedule such activity to tl�e best of its ability so as not to interfere with Perrnittee's use of the Premises, the taxiways, ot the runway, wilf notify Permittee of any pians for such activity not less than six months in advance of the cammencement of such activity, and will consult and coordinate with Permittee to ensure that such activity does not interfere with Permittee's use of the Premises,the taxiways, or runway, except th � t�e�aP e of an emergency Permittor may proceed with such activity without notice to the . and will use its best reasonable efforts not to interfere with Permittee's use of the Premises, taxiway, or runway in addressing such emergency. For purposes of this provision, an "emergency" is a condition that presents an imminent threat of bodily injury to or death of any person or loss of or significant damage to any praperty. 3. CONDITIONS: 3.1. Specific Conditions: This Operating Permit, and Permittee's rights and permitted uses under this Operating Permit,are subject to the following: 3.1.].. Easements, restrictions, and reservations of record; 3.1.2. The Airport Regulations and Minimum Standards pursuant to Section 8.5 below,including Permittor's standards concerning operation of aviation activities from the Airport; and 3.1.3. All such non-discriminatory charges and fees for use of the Airport as may be established from time to time by Permittor as set out in Section 5.3. of this Operating Permit. 3.2, No Convevance of Airoort: This Operating Permit shall in na way be deemed to be a conveyance of the Airport,and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Permittar reserves the OPERATING PERMIT ? City of Renton to Pro-Plight Aviation,Inc. AGENDA ITEM #8. i) absolute right to lease or permit the use of any partion a€the Airport for any purpose deemed suitable far the Airport, except that portion that is permitted hereby. 3.3. Nature of Permittor's lnterest: It is expressly understoad artd agreed that Permittor halds and operates the Airport, and th�Premises under and subject to a grant and conveyance thereof to Permittor from the United States of America, acting through its Reconstruction Finance Corporation, and subject to a!I the resenrations, restrictions, rights, conditions,and exceptions af the United States therein and ther�under, which grant and conveyance has been filed for record in the office of the Recorder of King County,Washington, and recorded in Volume 2668 af Deeds, Page 386; and further that Permittor holds and operates said Airpart and Premises under and subject to the State Aeranautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfuily promulgated under any act ar legislation adopted by the State af Washington ar by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee �fsa accepts and will � hold and use this C�perating Permit and th Premises subject thereto and to all contingencies, � . risks, and eventualities of or arising out af�he foregoing, and if this Operating Permit,its Term, or any canditions or provisions of Chis Operating Permit are or become in conf{ict with or impaired or defeated by any such legislation, rules, reguiations,contingencies or risks,the latter shall control and, if necessary, madify ar supersede any pravision of this Operating Permit affected thereby, all withaut any liability on the part of, or recaurse against, Permittor in favor of Permittee, provided that Permittar does not exceed its authority under the foregoing legislatian, rules and regulations. 3.4. Future DeveiopmentlFundin�: Subject always to Permittee's rights under Section 2.2.1 af this Operating Permit, nothing contained in this C?peratir�g Permit sha11 aperate ar be canstrued to prevent or hinder fihe future developrr�ent, improvements,or aperation of Airport by Permittar, its agents, successors ar assigns,ar any department ar agency af the State of Washin$ton or of the United States, or Che consumrrtation of any loan ar grant of federal or state funds in aid o#the development, imprc�vement,or operation of the Ftenton Municipal Airpart. But Permittar's exercise of such rights shall not unreasonably interfere with Permittee's rights under this C►perating Permit. 4. TERM C7F LEASE, SUBIEASE AND OPERATING PERMIT 4.1. Sub(eas�Term: The term af the sublease fio Pra-Flight Aviativn, Inc. is on a month- to-month basis effective August l, 2015. 4.2. Oqeratin�Permit?erm: 4.2.1 Month-to-Manth Ter�ancy:The Term of this Operating Permit is month-to-month. The�perating Permii shail expire within 24 hours of the terminatic�n of the month-ta-manth sublease between Renton Gateway Center and Pro-Flight Aviatian, Inc.. in no event wil)the Terrn of this�perating Permit tae effective beyond lufy 31, 2C120,so long as the sublease remains a mflntl�-to-month sub4ease. Except,the Operating Permit Term may be extended flPEI2ATIIVG PEitMIT 3 City af Renzon to Pro-Flight Aviation,lnc. AGENDA 1TEM #8, 1) beyond July 32, 2d20 upon Fermittee`s written request to Permittar no earfier than January 31, 2020, and na later than April 3tJ, 202C}. 4.2.2 Fixed-Term Tenancy: In the event Pra-Flight Aviation, Inc. and Renton Gateway Center modify the term of their sublease ta a fixed term,th'ss Qperating Permit is extended ta be in effect far the fixed terrrt as modified between Renton Gateway Center LLC(Lessee) and Pro-Ftight Aviation, Inc. (Sublessee(Permittee}. In no event wif!the term nf this Operating Permit and Agreement be extended �eyond July 31, 2Q20. Except,the Operating Permit Term may be extended beyond July 31, 2(�20 upon Permittee's written request to Permittor no earlier than January 31, 2020, and no later than Apri! 30,2020. 4.2.3 Maximum Term: In no event will the Term of this Operating Permit be extended beyond August 31, 2Q46. 5. RENTAL (for informationai purposes oniy): 5.L Rent on l.ease: As�-er�tal for the premises described in lAG 09-006 and adde�da thereto, Lessee has agreed to pay Permittor$0.7252 per square foot per year on 136,846 tota! ninety nine#housand two hundred farty dollars and seventy twa cents($99,240.72� per year or a monthly rental in the sum of eight thausand two hundred seventy dallars and six cents ($8,270.05).These sums exclude leasehold excise tax collected k�y the Permittor.The Rental amount set out herein is subject to Periadic Rental Adjustrr�ents as set out in Section 4.b, in {ease LAG 09-q06. 5.2. Rent on Sublease: As rental fqr the premises described in Section 2, above, during the term of this permit, Permittee has agreed to pay Lessee a manthly rental in the sum af thirty three thousand dollars ($33,OOO.qO� per year or a monthly rental in the sum af twa thousand seven hundred fifty daNars($2,750A0� throughaut the farty eight(48� month period commencing on lanuary 1, 2016,which daes not include leasehold excise tax. In the event Lessee fails to pay the rent identified in Section 5.1. and any future rental rate increases,then Permittee may,whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 09-006 and addenda thereto, pay said rent, when due. In the event neither lessee nor Perrnittee pay said rent,then the Permittor may terminate this permit with ten (10)days'written natice. 5.3. Other Char�es: Fermittee further agrees ta pay, in addition ta the rental speci#'sed and other charges hereinabaue de€ined, all fees and charges now in effect or herea#ter levied or estab(ished by Permittor, or its successors, or by any other gavernmental agency ar autharity, being or becaming(evied or charged against the premises, structures, business aperatians,ar activities conducted by or use made by Permittee of,on, and fram the leased premises which shall include, but nat be Simited to, all charges for iight, heafi,gas, pawer, garbage,water and other utilities,Aircraft ftescue and F'sre Fighfiing services or services rendered to said premises. ln the event Cessee fails to�ay the other charges identified in this Sectian 5.3,then Permittee may,whether Permittee subfeases all or part o€ Lessee's Airport leasehald interest as described in lease L.AG 49-p06 and addenda thereto, pay said other UPEItA`CING PERNIIT 4 City of Reaton tp Fro-Flight Aviation,Inc. AGENDA ITEM #8, l) charges, when due. In the event neither the Lessee nor the Permittee pay said other charges, then the Permittor may terminate this permit with ten (1Q) days' notice. 5.4. Leasehoid Excise Tax: fn the event that the State of Wash'sngton or any other governmenta! autharity having jurisdiction thereover shaN hereafter levy or impose any similar tax ar charge on the leaseho#d estate described herein, and �essee fails to pay said tax or charge,then Permittee may, whether Permittee suhleases all or part of Lessee's Airpnrt leasehold interest as described in lAG Q9-005 and addenda thereto, pay said tax or charge, when due. 5uch tax or charge shall be in addition to the regular manthly renfials. In the event neither lessee nor Permittee pay said tax or charge,then the Permittor may terminate this perrr�it with ten (10)days' notice. 6� PAYMENT OF UTILITIES AND RELATED SERVECES: 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 09 006 and addenda thereto, if Lessee fails to pay such utilities and service charges,then Fermi�tee may pay all iight, heat,gas, power,garbage,water, seWver and janitQria!service used in ar on the Premises when due. in the event neither Le�ssee nor the Permittee pay said utiliTy or service charges,then the Permittor may terminate this permit with ten {lp�days' natice. 6.2. Perrrtittar shall not be liable for any loss or damage caused by or resulting from any variation, interruption, ar failure of said uti4ity services due ta any cause whatsoever; and no temporary interruptian ar failure af such services incident to the making of repair�,alterations or improvements,ar due ta accident, strike, act of God,or conditions or events not under Permittor's control,shall be deemed a breach of the Permit or as an eviction of Permittee,or relieve Permittee from any af its obl'sgations hereunder. 7. PERMITTEE'S ACCEPTANCE OF PREMiSES: 7.1. AcceQtance of Premises: By occupying the Premises, Permittee formaliy accepts the same in AS!S conditian,and acknawledges that the Permittor has ccamplied wifih all the requirements impased upon it under the terms ofi this Permit with respect ta the condition of the Premises at the commencement of this term. Permittee hereby accepts tha Premises subject to all applicable zoning, municipal, county and state laws,ordinances and regulations governing and regu(ating the use of the Premises,and accepts this Permit subject thereta and to all matters disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Permittor nar Permittor"s agent has made any representation or warranty as to the suitabiiity ofi the Premises for the conduct of Permittee's business or use. �xcept as otherwise provided herein, Permittor warrants Permittee"s right to peaceably and quietly enjoy the premises without any disturbance from Permittor, or others claiming by or through Permittor. 8. PURPOSE ANfl USE: flPERATING PERMtT z Cit}�af Renta�tc�Pro-F{ighC Aviatian,Inc. AGENDA ITEM #8. I) 8.3. Use of Premises: The Premises are ieased to the Permittee for the foilawing described purpases as requested in the Permittee's airpart lease and operating permit appfication dated AuguSt 4, 201.5, and Permittee's Business Pian, labelled Exhibit C, attached hereto, incorporated by this reference, and relied upan by the City: 8.1.1. Aircraft maintenance, including major and minor repair,and major and minor alteration af airframes,engines, avionics, interiors,and aircraft companents in accordance with the Airport Re�ulations and Minimum Standards pursuant to Section 8.5 below. 8.1.2. Tie-dnwn and storage of aircraft, bath indoars and outdoors on ProFlight Avation's subleased prernises and in accordance with the Airport Regulati�ns and Minimum Standards pursuant Co Section 8.5 below. 8.1.3 Commercial fiight operations including fiight training, aircraft rental, sightseeing, and aerial photography in accordance with the Airport Regufations and Minimum Standards pursuan�to Section 8,5 belaw. I I � 8.1.4 Sale of aviation fueEs and 4ubricants in accardance with the Airport Regulations and Minimurrr 5tandards pursuant to 5ection 8.5 beEnw. 8.1.5 5ale of aircraft parts,cQmponents,and pilot supplies in acccardance with the Airport Regulations and Minimum Standards pursuant to Section 8.5 below. 8.1.6 Aircraft servicing with fluids and campressed gases in accordance with the Airport Regulations and Minimum Standards pursuant to Section 8.5 below. 8.1.7 Aircraft grooming in accardance with the Airport Reguiations and Minimum Standards pursuant to Section 8.5 below. 8.1.$ Aircraft sales, ieasing, and management in accordance with the Airpart Regufatians and Minimum Standards pursuant to Sectian 8.5 below. 8.2. Cantinuous Use: Permittee cavenants that the Premises sha!! be continuausly used for those purpases during the terrn af#his Operating Permit,shall not be allowed to stand vacant ar idle, and shalf not be used for any other purpose without Permittor's written cansent first having been obtained. Consent of Permittor to other types of activities wili not be unre�sonably withheld. 8.3. Nan-Aviatian tlses Prohi6ified: Permittee agrees that, except as expressly pravided above,the Premises may not be used for uses or activities that are not related, directiy or indirectly,to aviation. 8.4. Si�ns: No advertising matter or signs shall be at any time dispiayed on the sublea5ed premises or struc�ures without the written apprava!of Permittor, which will not be unreasona�ly withheid. One sign, or signs,of the type and dimensians specified by the Airpart 4PEItATING PER;VIIT {, City ofRenton to Pro-Flight Aviation,Inc. AGENDA ITEM #8, l) Manager, shall be permitted to be disp(ayed on the Rainier and Airport Way entrance fences thraugh the termination date of this Operating Permit. 8.5. Canformitv with Rules: Permittee further cavenants tcs keep and operate the Premises and a14 struct�ares, improuements, and activities in conformity wiTh all rules, regulations and laws now existing or hereafter adapted by Permittor, including the Airport Regulatians and Minimum Standards which are incorporated herein by this reference,the Federal Aviation Administration, the State Aeranautics Commiss'san,or other duly constituted g�vernmenCa4 autharity, a!I at Permittee's cost and expense. 8.6. Waste, Nuisance, Ille�al Activities: Permittee sha{) not permit any waste, damage, or injury to the Premises or improvements thereon, nor aHow the maintenance af any nuisance thereon, nor the use thereof fnr any illega) purposes ar activities. 8.7. Increased Insurance Risk: Permittee shall nat do or permit to be done in or about � the Premises anything which wi(I be dangerous to life or limb,or which will increase any insurance rates upan the Premises or other buiidings an� improvements at the Airport. 8.8. Aircraft Re�istration Campliance: The Permittee is hereby notified af the Washington State law cancerning aircraft registratiort and the requirement that the Permittee comply fiherewith. See Title A�7.68.250 RCW: Public Nighways and Transportatian. 9. NAZARDQUS SUB5TANCE USE: 9.1. Permittee's Representation and Warrantv: Permittee sha11 not dispase of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Praperty, or in any Permittee improvements or alteratians placed on the Premises by Permittee. Permittee represents and warrants tn the Permittor that Permittee's intended use of the Premises does not and wil{ not invofve the use, praducfiion, dispc�sai or bringing on to the Premises of any hazardous substance,hazardous material,waste, pollutant, or contaminant, as those terms are defined in any federal, state, caunty,or city iaw or regulatian (callectively, "Hazardous Substances"j other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary caurse of business, provided that such praducts are used,stored and disposed of in accordance with applicable laws and rnanufacturer's and supplier's guidelin�s. Permittee shali promptiy comply with ail (aws and with ail arders,decrees or judgrnents of gavernment autharities ar courts having jurisdiction, relating to the use, coliectian,treatment, disposal, storage, contral, removal or cleanup by Permittee af Nazardous Substances, in, on ar under the Premises, or incorporated in any impravements ar aifieratians made by Permittee to the Premises,at Perrrtittee's sole cost and expense. 9.2. Standard of Care: Permittee agrees to use a hsgh degree of care to be certain that no Hazardous Substances a�e irnproperly used,released or dispased in, on or under the Premises during the Term by Permittee,or its authorized representatives c�r assigns,or are impraperly used, released or clisposed on the Premises by the act af any fihird party. t7PEIiATIIYG PERiViI7' 7 City of Renton ta Prt�-Flight Aviation,Inc. A��wa,a �rEnn #$. �� 9,3. Compiiance iVotificatian: 1n the event of non-compliance by Permittee, after notice to Permittee and a reasanab3e opportunity for Permittee to effect such campliance, Permittor may, but is not abligated to, enter upon the Premises and take such actions and incur s�+ch costs and expenses ta effect such campiiance w+th laws as it deems advisable to pratect its interest in the Premises, pravided, however that the Permittor shall not 6e obligated to give Permittee natice and an oppartunity to effect such compliance if{E)such delay might result in material adverse harm to the Fremises or the Airport, or(ii)an emergency exists. Permittee shall reimburse PermiCtor for the full amount of a!1 costs anci expenses incurred by Permittor in connectian with such compliance activities and such obligation shall continue even aft�r expiration or termination of the Term. Permittee shaii notify Permittor immediate(y of any release af any Hazardc�us Substances in,on or under the Premises. 9.4. Indemnitv: 9.4.1. Permittor shall have na respc�nsibility to the Permittee, or any oth�r third party, � for remedial action under R.C.W. Chapter 70. 05D, or other federal, state, county or municipal � laws, in the event qf a re#ease af ar dispositio� of any Hazardaus Substances in, on or under . the Premises during the 7erm that were caused by Permittee. Permittee shall defend, indemnify and hold harmless Permittor, its officials, emptoyees,agents, and cantractors (hereinafter"City Indemnitees") from any claims (including withaut limitation third party claims for personal injury or real or personal property damage), actions, administrative proceedings,judgments, penalties,fines, liability, loss, damage, obligation or expense, including, but not iimited ta,fees incurred by the Permittar or City indemnitees for attnrneys, consultants, engineers, damages, environmental resource damages, and remedial actian under RCW Chapter 70.105D or other remediation,arising by reason of the reiease ar disposition of any Hazardous Substances in, on or under the Premises during the Term that are caused by Permittee. 9.4.2. Permittee shail have no responsibiliry to the Permittor,ar any other th3rd party, for remedia!action under RCW Chapter 70.105D,or other Federal, state,county or municipal laws, nar sha(i Perrr�ittee have any other liability ar responsibil'sty af any kind, in the event of the presence, release,or disposition of any Hazardaus 5ubstance on,in or under the Premises unless such presence, refease,or dispasitian af any Mazardous Substance was caused by Perrnittee. Permittar sha!! defend, indemnify and hold harmless Permittee,and their directors, afficers,agents,employees,and contractors(caliectively, "'indemnittees"� from any claims {induding without limitation third party claims for personal injury or real ar persona! property damagej, actions,administrative proceedings,judgements, penalties,fines, liability, loss, damage,obiigation ar expense, including, but not limited to,fees incurred by Permittee ar any Indemnitee for attorneys,consultants,engineers, damages,environmenta) resource damages, and remedial action under RCW Chapter 70,105D or other Remediation, arising from nr in cannection with the presence,suspected presence, release ar suspected release of any Hazardous Substances in, on ar under the Premises that is not caused, in whale or in part, by Permittee or the Indemnitees. OPERA`FINC PERM[T � City afRenton ta Pra-Flight Aviatic�n,Snc. AGENDA ITEM #8. l) 9,4.3. The pravisions of this Subsection 9.4 shail survive the expiration or sooner termination of the Term. No subsequent modification ar termination of this(3perating Permit by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the terminatian or modifiication agreement ar ather ciacument expressly so sfates in writing. 9.5. Dispute Reso€ution: in the event af any dispute between tMe parties concerning whether any Fiazardaus Substances were braught onto the Premises by Permittee,ar whether any release of ar disposition of any Hazardous Substance was caused by Permittee,the garties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shakl select one (1) arbitrator. The two {2}selected arbitsators, if unable ta agree within a periad of thirty(30)days after such appointment, as that term is defined in Sectian 9.5.1 of this Operating Permit, shall sefect a third arbitrator. The arbitrators shal! be envirorsmental consultants vuith experience in the identification and remediation of Fiazardous 5ubstances. The arbitra#ors shal) make their decision in writing within sixty�60� days after their appointment, unless the time is e�tended by the agreement of the pa�ties. 7he decision of a� majority of the arbit�atars shall b�final and binding upon the parties. Each party shall bear the cost of the arbitrator narned by it. 1"he expenses of tne third arbitrator shall be borne by the parties equally. 9.5.1. Appointed Arbitrators: The two appointed arbitrators shall meet, and shali make their decisian in writing within thirty(30} days after the date of their appaintment. If fihe appointment date for either arbifirator is later than the other,the latter date shali be the appointment date for purposes of the thirty{30} day deadline. If the two arbitrators are unable to agree within a period of thirty{30)days afiter such appointment, they sfiali,within a period of thirty(30j days after the first thirty j30j day periad,se(ect a third arbitrator. Is such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty(3�} day period, either Permittor or Permittee may apply to t�e head af the Seatt{e offiee of the American Arbitratit�n Association to appoint said#hird aebitrator. The three arbitrators shaN have thirty{34)days from the date of selection of the third arbitratar to reach a majarity decssion unless the time is extended by agreement of both parties. The decisign of th�majority of such arbitrators shall be final and binding upon the parties hereto. 10. MAIN7ENANCE: 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and autharized by the Permittor for use by the Permittee, shail be used and maintained by Permittee in an operable, neat, orderiy, and sanitary manner. Permittor sha11 not be calied upon ta make any irnprovements, aiteration,or repair of any kind upon the Premises. Permittee is responsible for the clean-up and praper disposal at reasonabl� and regular intervais of rubbish,trash, waste and (eaves araund the Premises, including that blown against fences barde�ing the Premises,whether as a result of the Permittee's activities or Oi'ERA't'ING PERMIT g City of Renton to Pro-Flight Aviation,Inc. A+GENDA ITLM #8, l} having been deposited upon the Premises from other areas, Perrnittee shal4 maintain in good condition and repair the Premises, subject to ordinary wear and tear, including without limitation,the interior and exterior wa11s,floors, roof, and ceilings, and any structura4 portions of the Premises the exteriar and interior partians a€ali daors,windows,gVass, utility facilities, piumbing and sewage facilities within the buiiding or under the floar slab includ[ng free flow up to tl�e main sewer line, parking areas, Iandscaping,fixtures, heating,ventilating and air conditioning, including exteriar mechanicaf equipment, exterior utility faci4ities,and exterior electricai equipment serving the Premises. Perm'sttee shali make all repairs, replacements and renewais,whether ordinary or extraardinary,anticipated ar unforeseen,that are necessary to maintain the Premises in the condition required by this Sectian. 10.2. Removal of Snaw/Flaodwater/Mud: Permittee and/or�essee shall be responsible fo�remava4 af�naw and/or floodwaters or mud deposited there from the Premises and those areas of the sublease utilized by the Permittee,with the disposition thereof to i�e accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor �pon the public areas of the Airport. � I 10.3. Permitt4r Mav Perform Maintenance: If Permittee fails ta perform Fer€nittee's obligations under this sectian, Permittor may at its option (but sha11 nat be required ta)enter the Premises, after thirty(30) days' prior written notice to Permittee, and put the same in gaad order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve{12%) percent per annum sha11 became due within thirty(30}days of the date of the Permittor's invoice to the Permifitee. 11. ALTERATIONS: 11.1. Protectior�from Liens: Before commencing any work relating to alterations, additions and irrsprovernents affecting the Premises ("Work"), Permittee shalf notify Permittor in writing of the expected date of cammencement of the Work. Permittee shall pay,or cause ta be paEd,al! costs af labor, services andjor materiafs supplied in connection with any Work. Permittee shall keep the Premises free and clear of all mechanics' and materialmen's liens and other liens resulting fram any Work. Permittee shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Permittor, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefore in the 5tate of Washington. Permittee shali pramptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any evenfi, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a fien an the Premises,whichever is earlier. If Permittee shaN be in default under this Section, by failing to provide security for or satisfaction of any meehanic's or liens,then Permittor may,at its option, in addition to any other rights or remedies it may have, discharge said lien by(i) paying ti�e ciaimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond,ar(iiij taking such other acCian as Permittar shall deem necessary or�dvisabie, anci, in any such euent, Permittee shal! pay, on Perrnittor's demand, all reasonable costs (including reasanable attorney fees} incurred by CIPERATING PEI2MiT 10 City of Renton to Pro-Ftight Aviatian,inc. AGENDA ITEM #8, l) Permittor in settling and discharging such lien tagether with interest thereon at the rate of twelve(12%}percent per year firam the date of Permittor's payrnenfi af seid cost5. Permittor's payment of such cqsts shall not waive any default of Permittee under tnis Section. 11.2. Bond: At any time Permittee either desires to or is required to make any repairs, alterations, additions, improuements or utility instaHation therean,ar otherwise, Permittor may at its sole r�ption require Permittee, at Permittee"s snle cost and expense, to abtain and provide to Permittor a lien and compietion bond in an amount equal to ane and one-haif(1- 2J2)times the estimated cast of such impravements, to insure Permittor againsfi liability far mechanics and materialmen's liens and to insure cornpletion o#the work. 21.3. Permittor MaV Make lmprouements; Permittee agrees that Permittar may, at its aption and at its expense, make repairs,alterations or improvements which Permittar may deem necessary or advisabie fior the preservation,safety,or improvement of utilities or Airport infrastructure on the Premises, if any. Permittor shatl provide thirty(30)days'advance natice of any s�ach work and use reasonable efforts to not interfere with �ermittee's use of the Premises during any such work. � 11.4 Improvements: As further consideratian for this Clperating Permifi, it is agreed that upon the expiration or sooner termination of the Term, all structures and any and all improvements af any character whatsoever installed on the Premises by Perrnittee, shail be and 6ecome the property of the Permittor, and title thereto shali automaticaily pass ta Permittor at such time, and none af such improvemenfis now or hereafter placed on the Premises shall be remnved therefrom at any time without Permittor`s prior written cansent. Quring the Term, Permittee shal) hold title to all improvements placed by Permittee on the Premises. Permittee covenants and agrees that Permittee will pay and satisfy in full a1f outstanding iiens, nr other debts, afifiecting or encumbering such improvements before transfer of ownership afi such improvements ta Permittor. Permittor may, at its aption, require Permittee, upon the expiration or saoner termination of the Term, if any, to remove any and all impravements and structures insta4led by Permittee from the Premises and repair any damage caused thereby, at Permittee's expense. 12. AS5lGiVMENT: 12,1. Assi�nmentlSubiettin�.Any assignment, encumbrance or sublease,whether by operation of law or otherwise, witfiout Permittor's cansent shali be vc�id and shalf constitute a default by Permittee under this Operating Permit, Na consent ta any assignment ar sublease shall constitute a waiver of fihe provisions of this Section and na other or subsequent assignment or sublease sha{I be made without Permittar's priar written consent. �efore an assignment ar sublease wili be approved,the proposed assignee ar sub-Permittee must comply with provisions of the then current Airport teasing Policies, including, but not limited ta the "Anaiysis of Tenant's Financial Capacity," independent of Permittee's compliance ar Financial Capacity. Consent shall not be unreasonably withhefd, conditianed, or delayed. K?PERATING PERMIT �� City ofRenton to Pro•Flight Aviation,[nc. A+GEIVDA ITEM #8, l) in the case of an assignment af the full leasehold infierest and/or comple#e sale of the stock or ather interests in the entity canstituting Permittee and concomit�nt transfer of ownership of said eniity, (a} in the case af an assignment,the proposed assignee sha11 detiver to Permittar a written instrument duly executed by the proposed assignee stat"sng that it has examined fih"ss Operating Permit and agrees to assume, be bpund by and perform all of Permittee`s vbligations under th'ss Qperating Permit accruing after the date of such assignmen#, to the sarrte extent as if it were the originai Permittee,and (b) in the case crf a stock transfer, Transferee shail deliver a written acknowledgment that it shaii continue ta be bound by ai1 the provisians of this Operating Permit after the transfer. Except in the case af an assignment af the fui! leasehold interest, any assignment permitted herein wil! not relieve Permittee c�f its duty to perform all the otaligations set out in this Qperating Permit or addenda hereto. 1n na event wifl the�ssignment of the full {easehold interest ar the eomplete sale of the stock t�r other infierests in the entity constituting Permittee and concomitant transfer af ownership af said entity cause an extension of the Term of this Qperatfng Perrnit. ! 12,2. Permitted Sublettin�: Permittee may subl�at portions of the Premises for the purpase of aircraft hangar storage without Permittar's�prior written consent,on a month-to- month or langer basis(but not longer than the Term}, provided that Permittor is informed on at least an annual basis, in writing, of the name of the subtenant{s},the purpose of the sublease,the amount af the rental charged,and the type of aircraft stnred (make, model and registration number). Additianally,such information shall be disclosed upan request by Permittar.} 12.3. Conditians to Assi�nment or Sublease: Permittee agrees that any instrument by which Permittee assigns or subleCs aU or any portion of the Premises shali (i) incorporate this Operating Permit by reference, (ii) expressly provide that the assignee or subtenant m�y not further assign or sub(et the assigned or subiet space withaut Permittor's priar written consent (which cansent shall not be unreasonably withheid, conditioned,or delayed}, (iii} acknowledge that the assignee or subtenant wiH not violate the provisions of this Operating Permit, and {iv} in the case of any assignment, acknawledge that Permittor may enforce the provisians of this Operating Permit direcfiiy aga'rnst such assignee. 12.4. Dflcumentatian: �3o permiCted sub4etting by Perrnittee shall be effective until there has been delivered ta Permittor a capy of the sublease and an exeeuted Operating Permit and Agreement in which the subtenant agrees not to vialate and to act in canformity with the terms and provisions of this Operating Permit;provided that no Operating Permit shall be reguired far the subletting of hangar or tie-down space for aircraft storage purposes. No permitted assignment shaH be effective unless and until there has been delivered to Permittor a counterpart of the assignment in which the assignee assumes al!af Permittee"s obligations under this C?perating Permit arising on or after the date of the assignment. 12.5 Na Releas�of Permittee's Liabilitv: Neither a� assignment nor subletting shal) be deemed a waiver of any of the provisions af this 5ectian or release Permitte�e Fresm its obligatic�n to comply with the terms and provisions of this Operating Permit and Permittee OPERATING PER.MIT 12 City of Rentan ko Pro-Flight Aviation, tnc. AGENDA ITEM #8, l) shal( remain fully and primarily liable for a11 of Permittee's obligations under this Operating Permit, unless Permittor otherwise agrees in writing. Notwithstanding the foregoing, in the event that Permittar's consent to assignment is obtained for a cornplete assignment and Assignee agrees in writing to assume aii of the ob{igations and liabilities of this�perating Permit accruing after such assignment, Permittee shall be relieved of a11 liabi#ity arising from this Operating Permit and arising aut af any act,occurrence or amission occurring after Permittor's consent is obtained. To the extent that any claim for which 'sndemnification of the Permittor(induding with respect to Hazardous 5ubstance} arises after Perrnitte`s camplete assignment far conduct predating saEd assignment, the Permittee shall not be relieved of abligations ar liability arising from this pperating Permit. 12.6. Na Mer�er: W'sthQut limiting any o#the provisions of this 5ectian, if Permittee has entered into any subleases of any port'son of the Premises,the voluntary or other surrender of this Operating Permit,or a mutua) cancellatian by Permittor and Permittee,shall not work a merger and shal)terminate all or any existing subleases ar subtenancies. � � 13. DEFAULT: � 13.1. Default: The occurrence of any of the follow'sng sha{! canstitute a default by Permittee under this dperating Permit: 13.1.1. Failure to Compiv with Airport Re�u{ations and Minimum 5tandards: Failure to comply with the Airpart Regulations and Minimum Standards, iF the failure cantinues for a period of#wenty-fc�ur(247 haurs after written no#ice af such default is given by�ermittor to Permittee. !f the failure to carnply cannot reasorrably be cured within twenty-faur(24) hours, then Perrnit#ee shall not be in default under this(�perating Permit if Permittee cammences to cure the fa'slure to camply within twenty-four{24j hours and diligently and in good faith continues to cure the failure to camply. Hawever,said inabi4ity ta cure within twenty-four�24) hnurs,diligence and good faith notwithstanding,cannot be based on financial incapacity. 13.1.2. Failure To Perform or Cure: Failure to perfnrm any other provision of this Operating Permst, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Permittar to Permittee. If the default cannot reasonably be cured within thirty�30) days, then Permittee shali not be in default under this Operating Permit if Permittee commences to cure the default within thirty(3Qj days of the Perrnittar's noti�e and diligentfy and in gaod faith continues to cure the default. 13.1.3. Appointment of Trustee or Receiver: The appointment of a trustee or receiver to take possession of substantially a(1 of the Permittee's assets locatecf at the Fremises or o€ Permittee's interest in this Operating Rermit,where passessian is nat restored to Permittee within sixty(60� days;ar the attachment,executian ar ather judieial sei�ure of substantially a31 of Perrnittee's assets {ocated at the Premises or afi Permittee's interest in this�perating Permit,where such seizure is not discharged within sixty(60} days. CIPERATIIVG PERMIT i 3 City ofRen[an ta Pro-Flight Av�ation,inc. AGENDA ITEM #8. l) 13.1.4. Fai{ure ta Camplv With l.aws: It shalf 6e a default of this Permit i#the Perm'rttee fails to comply with any of the statutes, ordinances, rules, orders, regu(ations, and requirements af the federal, stata, andJor city governments, any terms af this Permit andJor the underlying lease, 13,2 Additiana4 Securitv: !f Permittee is in default under this Operating Permit, arrd such default remains uncured for mare than three{3) business days after Permittor gives Permittee notice of such default, then Perrnittor, at Perrnittor's optian, may in addition ta other remedies, require Permittee to provide adequate assurance of future performance of all of Permittee's abligations under this Operating Permit in the form of a deposit in escrow, a guarantee by a third party acceptable to Permittor, a surety band,a letter of credit or other security acceptable ta, and approved by, Permittor. !f Permittee fails to provide such adequate assurance within twenty {20� days of receipt of a request by Permittor for such adequate assurance, such failure shall constitute a material breach of this Operating Permit and Permittar may, at its optian,terminate this Operating Permit. 13.3. Remedies: If Permi�tee cammits a default,then follawing the expiration of th� notice and cure periods set forth in 5ection 13.1 above, Permittar shall haue the following alternative remedies, which are in addition to any remedies now or later allowed by law, and Permittor sha11 use reasanable efforts ta mitigaCe its damages: 13.3.1. Maintain �peratin� Perrnit in Force: To maintain this Operating Permit in full force and effect and recover any monetary charges as they become due,without terminaCing Permittee's right to possessian, irrespective of whether Permittee shall have abandaned the Premises. If Permittar elects to not term'snafie the Operating Permit, Permittor shall have the right to perform all acts necessary to maintain or preserve the Premises as Permittor deems reasonable and necessary,without being deemed ta have eiected ta terminate the t3perating Perrnit,including removai of all persflns and property from the Premises;such property may be rernoved and stored in a pubiic warehouse or elsewhere at the cosfi of and on the account of Permittee. Notwithstanding that Permittor fails to elect to terminate the Operating Permit initiaily, Permittor at any time during the Term may elect fio terminate this Operating Permit by virtue of such previous default of Permittee so lang as Permittee remains'sn default under this Operating Permft. 23.3,2. Terminate O�eratin�Permit:To terminate Permittee's right to possessian by any lawful means, in which case this Qperating Permit shall terminate and Permittee shafl immediately surrender possession of the Premises to Permittor. In s�ach event P�rmittor shall be entitled to recaver fror�n Permittee all damages incurred by Permittor by reason of Perrnittee's default including without limitation thereto,the follawing: {i3 any amount necessary to campensate Permittor for al!�he detriment prox`smately caused by Permittee's failure to perfarm its obligatians under this Operating Permit or which in the ardinary cc�urse of business would be likely ta result therefrcrm, including withaut limitation, (A)any costs or expenses inct�rred by Permittor incfuding reasonable attarney fees, and {B)such other amounts flPERA`i'iNG PERMIT �.� City af Renton to Pro-Flight Aviation,Inc� AGENDA ITEM #8. i} in addition to or in (ieu of the faregoing as may be permitted from time to time by app}icable state iaw.The amounts referenced in this Sectian shall accrue interest at 121 per annum. 14. BINDiNG AGREEMENT: Subject to the restrictian upon assignment or sublettirtg as set forth herein, ail of the terms, conditions,and provisions of this Permit shal)be binding upon the parties,their successors and assigns, and in the case of a Permittee who is a naturai person, his ar her personal representative and heirs. 1S. CC?NDEMNATION: if the whole or any substantial part af the Premises shall be condemned ar taken by Permittor or any caunty, state, or federa) authority far any purpose, then the Term shall cease as to the part so taken fram the day the possession of that part shall be reguired for any purpose. From that day the Permittee sha!! h�ave the right ta either cancel this Operating Permit and dec(are the same nu11 and void,o�to cantinue in the possession of the remainder of the same under the terms herein provided. Afl dama�es awarded for such taking for any public purpose shall belong to and be the property of the Permittor,whether such damage shall be�awarded as compensatian for the diminutian in value to tt�e leasehofd, or to the fee of the Premises herein leased, Damages awarded far the taking of�Permittee's impravQments located on the Premises shall belong to and be awarded to Permittee. 16. RIGHT OF INSPECTION: Permittee will allow Permittar, or Permittar's agent,firee access to the Premises at all reasonable and mutually agreeable times for the purpose af inspectian, or fnr making repairs, additians or alterations ta the Premises, or any property owned by or under the control of Permittor. 17. SURRENDER C}F PREMISES: Permittee shall quit and surrender the premises at the end of the term in a conditian as good as the reasonable use thereaf would permit, normal wear and tear excepted.Alteratictns, additions or impravements which may be made by either of the parties hereto on the PremiSes, except movab#e office furniture or t�ade fixtures put in at the expense of Permittee,sha11 be and remain the property of the Permittor and shal! remain on and be surrendered with the Premises as a part thereof at the termination of this permit withaut hindrance, molestation,or injury. Permittee shall repair at its sole expense any damage to the Premises occasioned by its use thereof,or by the removal nf Rermittee's trade fixtures,furnishings and equipment which repair shal! include the pa#ching and fllling of holes and repair of structural damage. 18. lNSURANCE: 18.1. Personal Property: It is agreed that Permittor shall nat be held (iable in any manner for, r�r on account of, any loss or damage to personal praperty of the Permittee, Permittee's invitees or other persons,which may be sustained by fire or water ar other peril, or for the loss of any articles by burgiary,theft or any other cause from or upon the Premises. It is acknowledged that Permittar does not cover any af the persanal praperty of Permittee, Permitt�e's invitees or other persons upan the Premises thraugh its insurance. Permittee, its invitees and other persons upon the Premises are solely responsibie ta obtain suitabie persanal property insurance. QPERATING PERMIT 1� City of Rentpn ta Pra-Flight t�viation,lnc. AGENDA ITEM #8, l) 18.2. Liabilitv Insurance. The Permittee agrees to maintain in force during the term o# this Permit cammercial general liabi(ity insurance written by an admitted company autharized to do business in the State of Washington against any(iabiiity arising aut of the ownership, use, occupancy ar rnaintenance af the Premises and aEl areas appurtenant thereta. The limits of liability shall be in an amount of not iess than $1,000,000.00 per occurrence, $2,Ct00,00Q aggregate. The limits of said insurance shai# nat, hc�weve�, limit the liability af Permittee hereunder.The insurance policy include a I.andiard's Frotect�ve l.iabili#y endorsement attached thereto. 18.3. lnsurance Policses: Insurance required hereunder shali be written in companies acceptab#e to Permittor, Permittor reserves the right tn establish and, from time-to-time, to increase minimum insurance coverage amounts. iVotice of increased insurance requirements shall be sent to the Permittee at least forty (45) days prior to the annuai renewal date of the Permittee's insurance. Prior to passession, the Permittee sha11 deliver ta Permittor copies ot palicies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts c�f such insurance, with (oss payable cfauses satisfactory to Permittor. Permittar shall be named as an additionai insured with that caverage being primar�y and non-contributary ta any ather insurance coverage availabie to the City. The Permittee sha{I provide the City with written notice of any policy cancellation, within twa business days af #heir receipt of such notice. 18.4. lnsurance Maintained Throu�hout Term: Permittee sha{i not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shalf forthwith, upon Permitfior's dernand, reimburse Permittor for any additionai premiums attributable ta any act or omission or operation of Fermittee causing such increase in the cost af insurance. If the Permittee sha(I fail to procure and maintain said insur�nce the Permittor rnay, but shal! not be required to, procure and maintain the sarne, but at the expense of Permittee. 18.5. Waiver of Subra�ation: Perznittee and Perrnittar each waives any and all rights af recovery against the ather, or against the officers, emplayees, agents and representatives of the other, far Inss af or damage to such waiving party or its property or the property of others under its cantral, where such loss or damage is insured against �nder any insurance palicy in force at the time of such loss or damage. Permittee shall, upon obtaining the palicies of insurance required hereunder, give notice to the insurance carriers that the foregaing mutual waiver af subrogation is cantained in this Operating Permit. 19. LIMfTATION UPON RERMITT'OR'5 LlA8iL4TY. Permittor shal) not be liable for any damage to property ar persons caused t�y, or ar'ssing out af (al as►y defect in or the maintenance or use of #he Premises, ar the improverrtents, #ixtures and appurtenances of which the premises constitute a part; or (b} water carning from the raof, water pipes, fiooding of the Cedar River ar other bady of water, or from any nther source whatsoever, whether within or without the Premises; or{cj any act or amiss'son of any Permittee or other occupants of the buitding, or their agents, servants, emplayees or invitees thereaf. OPERATING PERMtT !b City oFRenian to Pro-Flight Aviation,[nc. AGENDA ITEM #8. l) 20. INDEMNIiY: Permittee covenants fia defend, 'rndemnify and save harmless Permittar against any and al! claims arising from (a)the conduct and sr►anagem�nt of or from any work or thing whatsoever dane in or about Che Premises ar the improvements ar equipment thereon during the Operating Perrnit term,or (bj arising from any acfi or negligence of the Permittee or any af its agent5, contractars, patrons, custamers, ar emp(oyees, or invitees,or(c) arising frorn any accident,injury, or damage whatsoever, however caused,to any person ar persons, or to the property af any persan, persons, corppration or other entity occurring during the Operating Permit term on, in, or about the Premises, and from and against a!i costs, attorney's fees, expenses, and liabilities incurred in or from any such cfaims ar any actian or proceeding brought against the Permittor by reason af any such claim,except such claims arising directiy or indirectiy out af Permittor's sole act ar omission. Permittee, on notice from Permittor, sha11 resist or defend such actian or proceeding forthwith with caunse! reasonably satisfactory ta, a�d appravai by Permittor. 21. NOLD4NG OVER: Permittee understands thafi upan expiration of the term of this �permit, Permittee must execute a new permit with the Pe�mittor as a condition to remaining on the premises. Permittee further understands that if, v�ithout execufiian of any exfiension ar renewa{of thi�permit, Permittee should remain in possession of the premises after expiration or termination of the term af this permit, notwithstanding any extensian ofi its sublease with l.essee,then the Lessee shall be in default of its lease, LAG 09-006 and Permittor may evict the �essee and the Pe�mittee. All the conditions,terms and provisions of this permit shaN be applicable during such holding over. 22. NO WAfVER; 4t is further covenar�ted and agreed between the parties hereto that na waiver by Permittor of a breach by Permittee of any covenant,agreement,stipulation, or condition of this �perating Permit shal4 be construed to be a waiver n#any succeeding breach af the same cavenant, agreement, stipu4atian,or condition,or a breach of any other covenanfi agreement, stipulation, or condition. 23. NOTiCES, Ali natices or requests required or permitted under this Operating Permit shail be in writing; shall be personaily delivered, de4ivered by a reputable express delivery service such as Federal Express or DHL,or sent by certified mail, return receipt requested, pastage prepaid, and shali be deemed delivered on receipt or refusal. AI1 notices or requests to Fermittor sha{I be sent to Permittar at Perm'sttar'�address set forth below and ali notices or requests to Permittee shafi be sent ta permittee at Permlttee's address set forth below. PerrrxiCtar's Address: Airport Administration Office Attention:Airport Manager 616 West Ferimeter Road, Unit A Renton,Washington 98057 Permittee's Address: Pra-Flight Aviatian, inc. Attentian: Diane Pahoike 750 West Perimeter Road, Unit 1 o�E�A�rr�rc p�u�rlT a� City of Renton ta Pro-I'light Aviakion, [nc, AGENDA ITEM #8. I) Renton, WA 98057 24. DlSCRlMINATIQN PRC7F{iBITED: 24.1. Dsscrimination PrQhibited: Permittee covenants and agrees nat to discriminate against any person or class of persans by reasan of race,color,creed, sex, natianal origin, or any other class of person protected by Feders!or State law or the Renton City Code, in the use of any of its facilities provided for the public irr the Airpt�rt. Permittee further agrees to furnish services on a€air,equal and not unjustiy discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. � 24.2. MinoritV Business Enterprise Po�i�v: It is the policy of the Department of + Transportation that minority business enterpri�es as defined in 49 C,F.R. Part 23 shalf have the E maxirnum opportunity to participate in the performance of ieases as defined in 49 C.F.R. 23.5. Cansequent(y,this Operating Permit is subject to 49 C.F.R. Part 23, as appticabie. No person shali be exciuded from participation in, denied the benefits of or otherwise discriminated against in cannection with the award and performance of any cantract, including Operating Fermits covered by 49 C.F.R. Part 23,an the grounds of race, cobr, national origin or sex. 24.3. Appiicatic�n to Sublease$: Subject to the pravisions of Section 12 af this Permit, Permittee agrees that it wilf include the abave ciause"sn all assignments af this fJperating Permit or subieases, and cause its assigne�(s} and sub-lessee(s�ta similarly indude the abave clause in further assignments ar subleases. 25. �ORCE MAIEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of sCrikes, lockouts, labor troubles, inability to pracure materials,failure of power, restrictive gavernmental laws ar regulations, riots, insurrections,war, or oCher reason af like nature not the fault of tf�e party delayed in performing work or doing acts requfred under the terms of Chis Operating Permit,then performance of such act shall be extended for a periad equivalent ta the period of such delay. The provisions nf this Section sha11 not, however, operate to excuse Permittee from the prompt payment of any payment required by the terms of this Operating Permit,to be made by Perrnittee. 26. TRAN5FER �F PREMISES BY PERM(TT(3R: In the event af any sale,conveyance, transfer or assignm�nt by Permittor of its interest in the Premises, Fermittor shall be reCieved of al1 (iability arising firom this Operating Permit and arising out of any act, occurrence or omission occurring after the consummation af such sa(e, canveyance,transfer or assignment. The Permittor's transferee shaii be deem�d to have assurned and agreed to carry aut al!o#the obligations of the Permittor under this aperating Permit. OPERATINC PERMtT �g City of Renton ta Pra-I=lighi Aviatian,Inc. AGENDA ITEM #8. l} 27. ATT�RNEYS' FEES AND COSTS; COLLECTION COSTS: If either party brings any actian for relief against the other party, declaratory or atherwise, arising aut of this�}perating Permit, inciuding any action by Permittor for the recovery of Rent ar possession of the Premises, the prevailing party shali be entitled to reasonable attorneys' fees and costs of litigat'son as established by the court. If the matter is not litigated or resaived through a lawsuit,then any attorneys'fees for collection of past-due rent ar enfiorcement of any right of Permittor or duty of Permifitee hereunder sha(I entitle Permittor to recover, in addifiion to any late payment charge, any costs of coliection or enforcement, induding reasonable attorney's fees. For the purposes of this Section 27, attorney's fees sha11 inc)ude a reasanable rate for attorney's employed by the City, 28. EMERGENCY RESRONSE: Permittee must pravide ta the Airport Manager reasonable access and respanse in times of emergency or urgency. Tt�e Permittee is wholiy responsible fio keep an up-to-date listing of aircraft types, identificatian, and owners on file and at the Airport Manager's afifice. � � 29. DEFiNlT10NS: As used in this Operating Permit,the fa{lowing words and phrases, : whether or not capitaliZed, sha11 have the foilowing meanings: "Additiona) Rent" means any charges ar monetary sums to be paid by Permittee to Permittor under#he provisions of this Qperating Permit other than Minimum Manthly Rent. "Authorized representatives" means any officer,agent, emplQyee, independent contractc�r ar invitee af�ither party. "'Enviro►�mental l.aws and Requirements" means any and afl federal,state, local laws, statutes,ordinances, rules, regulations and/or common law relating#o envirnnmental protectian,contamination, the release,generation, productian,transport,treatment, processing, use, disposal,or storage of Hazardous Substances, worker health or safety or industria!hygiene, and the regulations promulgated by regulatory agencies pursuant to these laws, and any appficable federal, state, and/or local regulatory agency-initiated arders, �equirements,obligations, directives, notices, appravals, licenses, or permits. "Expiration" means the coming to an end of the time specified in the Operating Permit as its duration, including any extension of the Term. "Hazardous Substances" means any and all material,waste,chemical,campound, substance, mixture or byproduct that is identified, defined, designated, iisted, restricted or otherwise regulated under any Environmental Laws and Requirements as a "hazardous canstituent," "hazardous substance," "haxardous material," "extremeiy hazardaus material," "hazardous waste," "acutely hazardous waste," "F12Z11"CIOUS WdS�2 Gfli1StI�UL'flt," `finfectious waste," "medica! waste," "biahaxardous waste," "extrernely hazardous waste," "pollutant," "toxic pollutant" or"cantaminant." The term "Hazardous Substances" includes,withaut IimiCatian, any material or substance which is(i} hexavaient chromium; (ii}pentachlorophenol; QPERATING PERMIT 39 City of[2enton to Pra-Fiight Aviation,Inc. AGENDA ITL�M #8. l) (iii)vaiatile organic compaunds; �iv} petraleum; (u) asbestos; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Poliutian Control Act, 33 U.S.C. § 1251 et seq. (33 L1.S.C. � 1321j; {vii} defined as a "hazardous waste" pursuant ta Section 1004 of the Federai Resource Conservation and Recovery Act,42 U.S.C. § 69Q1 et seq. (42 U.S.C. § fi903}; (viii}defined as a "hazardous substance" pursuant to Section 101 of the Camprehensive Environmentat Response, Campensat'ron and Liabiiity Act af 1980, as amended, 42 US.C. § 9602 et seq. (42 U.S.C. §9602};or(ix} designated as a "hazardous substanee" pursuant to the Washington Modet Tox'scs CantraE Act, RCW 70.105D.010 et seq. "Parties" means Permittor and Permittee. "Persan" rneans one or more hurnan beings, or legaf entities or other artificial persans, including urithout limitation, p�rtnerships, corporations,trusts, estates, associations and any camb'snation of human beings and legal entities. "Rent" means Minimum Monthly Rent,as adjusted from time to#ime under a �ease, and Additional Rent. i � i 30. GE�lERAL PROVISIaN5: 3CJ.1. Entire A�reement: This Operating Permit sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them.This Operating Permit may not be arnended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. In the event of a canflict between the terms of this Permit and the sublease agreement I�etween Permittee and Lessee, the terms of this Permit supersede. 3Q.2. EXEMPTION QF PERMITTOR FROM LIABlLITY; Permittar nr Permittor's agents shall not be liable for injury to persons ar to Permittee's business or loss of income therefram or for damage which may be sustained by the person,goads,wares, merchandise or properCy af Permittee, its authorixed repre�entatives,ar any other person in ar about the Premises, caused by or resulting from (a)fire, electricity,gas,water or rain which may leak or flow from or into any part of the Premises, (b)any defect in or the mainCenance ar use af the Premises, or any improvements,fixtures and appurtenances thereon, (c)the Prernises c�r any impravemen�s,fixtures and appurtenances thereon becorning aut af repair, (d)the breakage, leakage, obstruction or other defects of the pipes, sprinklers,wires, appliances, piumbing, heating,ventilating or air conditianing or lighting fixtures af the Premises, (e) fiaoding flf the Cedar River or other body afi water, ar from any other source whatsoever, whether within o� without the Premises; or(f)any act or amissian of any other tenanC or occupant af the building in which the Premises are located, or their agents, servants,employees,or invitees, pravided, that the foregoing exemption shail not appiy to iosses ta the extent caused 6y Permittar's or its agents', contractars', or emplayees' negligence or wi#lful misconduct. 30.3. Gavernin�Law:This Operating Perm3t shall be govemed by, and canstrued and enforced in accardance with, the laws ofi the State of Washington. 4PERATING PERM(T �� City of Rentan ta Pra-Fli�ht Aviation, Inc. AGENDA iTEM #8. i) 3fl.4. Severability: Should any of tt�e provisions of this�perating Permit be faund ta be invalid, iilegal or unenforceable by any court af competent jurisdiction, such pravision shall be stricken and the remainder of this dperating Permit shail noneth�less remain in#u11 force and effect unless striking such provisian shali materially alter the intention af the parfiies. 30.5. 3urisdiction and Venue: in the event any action is brought to enforce any of the pravisions of this Operating Permit, the parties agree to be subject to exclusive in personam jurisdiction in the Superiar Court of the State af Washingtan in and for the County af King ar in the United States District Caurt for the Western District af Washington. 30.6. Waiver: No waiver of any right under this Operating Permit shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and na waiver of any right arising fram any breach or failure to perform shall be deemed to be a waiver of any#uture right or of any other right arising ur�der this Qperating Permit. ( � i 30.7. Captions: Section captions contained in this Operating Permit are induded for canvenienee only and form no part of the agreement between the parties. 30.8. Assi�nee as Permittee:The term"Permittee'" shall be deemed ta include the assignee where there is a full assignment of the Operating Permit. 30.9. Effectiveness; This Operating Permit shal) not be binding ar effective until properly executed and delivered by Permittor and Permittee. 30.10. Gender and fUumber: As used in this Operating Permit,the masculine sha(I include the feminine and neuter,the feminine shall indude the masculine and neuter,the neuter shall include the masculine and feminine,the singular shall include the plural and the plural shall include the singular, as the context may require. 30.1.1. 7ime of the Essence: Time is of the essence in the perfarmance of aN covenants and conditions in this Operating Permit for which time is a factor. 30.12. loint and Several t,iabiiitv: if Permittee is camposed of more than ane person or entity,then the abligations of all such persons and entities under this Clperating Permit shall be joint and several. 30.13. Na Recardation Without Consent af Permittor: Permittee shall nat record this Operating Permit ar any memarandum of this Operating Perrnit without Permittor's prior written consent. OPERATIIVC PERMIT ?I City af Rentan to Pra-Flight Aviation,tnc. A+GENDA I TEM #8, 1� 30.14. Cumulative Remedies: Na remedy or election hereunder shall be deemed exciusive, but shall, wherever possible, be cumulative with all other remedies at iaw ar in equity. 30.25. Carporate Authoritv: If Permittee is a carporation ar limited liability company, each indiwidua{executing this Operating PermiC an behalf af said corporatian or limited liability company represents and warrants that he is duly authorized to execute and deliver this Operating Permit an behalf of said corporation or limited liability eompany pursuant to duly enacted resolutions or ather action of such corporation or limited liability company and that this aperating Permit is binding upon said corporation ar 4imited liability company in accardance with its terms. 30.16. Addenda: The provisions of this Qperating Permit shall be subject ta those of any Addenda and Exhikaits attached hereta. 4 PERMiTTEE: � PERMIT['OR: PRO-FLIGHT AViATION, INC. THE CITY OF RENTON a Washington corporation a Washington municipal corporation ���.�..�. c�, ��-��'��.�.. Sy ._��f�" /tfC'% �3 /�✓'/`�f�CiL.,�t� Denis Law its: Dwner/ r�sident ,/ Mayor Date: ��� f7� ��jv Date; � + ATf EST: By lason Seth, City Clerk Date: Approved as ta iegal farm; OPERA'�'ING PEI2MIT 22 City of Renton ia Pra-Fli�,ht Aviation,Ine. AGENDA ITEM #8. I) tarry Warren, City Attorney ( ( I OPERATING PERMIT ^'�3 City of Renton to Pro-Flight Aviation, [nc. AGENDA ITL'M #8, l) STATE OF WASHINGTON ) :S5. COUtVTY ClF /�'��.+�ll�' ) I certify ihat t knaw or have satisfactory evidence that�I.�I�t�"" � 1"d1,h���is the person who appeared befare me,and sihe acknow4edged that sjhe signed this instrument,on oath staked that sjhe was authorized to execute the instrument and acknowledged it as the �.�r-Ti,�.�-•c°7 of /�f�.c�•�FG/�'d,y- .�cr�,�r-i.�.0 ,a_�/its�.c;t�-r�v (.��,to be the free and voluntary act oF such P,L��s�,,,�r-, for the uses and purpases mentioned in the instrument. Dated this /� � day of .v/"'�A.�.�d.�l�.-r� ,201 � � — ' � � ,-.---�5?�,�r..�--� `--�'�' �..�-.G L.../ SANC7RA►M. ORPNAN [ ' �ture afdvotary) STATE OF WASNiN TON N4TARY PUB�IC `�"�Q�f� � � ������� (Frint Name of Natary] 1 NdY COMMlS514N EXPlRES 09-22•1T Natary PuG{ic in and far the S,,te of Washington,residing at �c--s��ri-.� . My commission expires: __�.�a. t/.t -�. r S7ATE OF WASHINGTON ) :ss. C{�UN7Y OF j t certify that I know or have satisfactory evidence that is the person who appeared before me, and sfhe acknowledged that sJhe signed this instrument,on oath stated that sJhe was autharized ta execute the instrument and acknowiedged it as the of ,a ,to be t4�e free and voluntary act af such for the uses and purposes mentioned in the inst�ument. Dated this day of ,201�. [Signature ofi Notary] (F�int Name af Nptary] Notary Pubiic in and for the State of Washingto»,residing at . My commission expires: OPERATING PERMIT y.{ Crty af Renton to Pro-FGght Aviation, Inc. AGENDA ITEM #$. /) STATE Q�WASFiI[VGTON ) :ss. COUNTY OF ) i certify that I knaw ar have satisfactory evidence that is the persnn wha appeared before me,and sjhe acknowledged tfiat sJhe signed this instrument,on oath stated that sJhe was authorized to execute the instrurrrent and acknowiedged it as the °f ,a ,to be the free and voluntary act af such for the uses and purposes mentioned in the instrument. Dated this day of , Zp�� {Signature of Notary} � � [print Nam�af Notary] � Notary Public in and for the State of Washingtnn, residing at , My commission expires: STATE OF WASHINGTON ) :ss. COUN�1'C7F } I certify that i know or have satisFactory evidence#hat is the person wha appeared before me,and s/he acknowledged that sjhe signed this instrument,an oakh stated that sJhe was autharized ta execute the instrument and acknawiedged it as the �� , � ,to be the free and valuntary act of such for the uses and purpases mentioned in the instrument. Dated this day of ,�p1 (Signature af Notary) (Print Name of NotaryJ Notary Public in and far the State of Washington,residing at . My cammissian expires: OPERAT'ING PERMIT' �� City of Renton ta Pro-kiight Aviation,lnc. AGENDA lTEM #8. l) . ,�7�'��S'' �" � LEASE AGREEMENT Trip}e 3`+1et{1vNN) lease PARTIES 1. This a�reement is entered into by each af the follotiving parties: Lessor. Renton Gatetiva�°Center. LLC, !��2 � ``/ �2 � 7��W.Perimeter Rd Unit f�l � l� i.� Rentan. WA�98057 �d,},�^ 1 3 2�1� t.essee: Pra FliGht, lnc. � CtU Dinne a��d Lernie Pahol�;e ���r► � ?501�V.Per►meter Rd Unit�l ' ����f�j� � Renton,Wa 98057 � 616 W PetinteGdr l�d,Unit A � Rs�ntcm.WA 98055 1 he singular terms'Lessor'and'Lessee'as used betow shalI inciude each person or other legal entii��idenlified as such in this paragraph. Each Lessor a�1d Lessee a�ees to be bound hy ihe fol3awing terms and conditians. • PREMISES ?.0 Lessor herehy lea�es to Lessee thase premises described in Exhibit'A'hereta,commonly kno��m as: ?SO W. Pcrimeter Rd�R'e[�tolt�WA 4${3S7 Approximate size: 9,�i�Q Sq FE plus or mir�us Tota! building siza: 31,004 Sq Ft Less�e's pro-raia share: 30.32°lo CONDiTIONS 3.0 The ctbligations af this lea.�e are conditioned upon:t I)obtainment of appraval af'trttended use by each apptieable governmental entity withaut conditions deemed unacceptable to Lessar in its sale discrevon.This approual sha!#be obtained no later than:Julylst,2(}1 t.This iease is also subject to the terms, cond'stiarrs and rule of operation c�f the Iease that was executed by and between Rentor►Gateway Center,LLC and Ciry of Renton for the Land on v�°hich the han�ars have been erected.The Lessee's of this lease a�ree io comply tivith ail of the terms and conditians ofthis land tease a�reement. TE'!2M 3.1 The term of this lease is�8 in�nths.commer�cing an July 7,2Q11 and ending July 31,20I5. ur�less saaner terminated pursuant ta any provision sei forth below. 3.2 !f ft�r any rea�on Lessor cannot deliver�ossession of the premises to[.essce on the comrnencement da�e,sueh EaiEure shalt nai be deemed ta be a breaclz c�f duty,in contract or in iort,of the Lessor,sha1) noi render l.essor l iable for dama�es oF any nature whatsoever,and shall nat affect the�alidit��of this lease or release I.essee from any obligatio�contained herein. 1n AGE'NDA /TEM #8, l) . , such cnse.the commencement and terrnination dates set forth in this para,�raph shall be extended � Cor a period equai to th�period of delay,which shaI!end when l,essor tenders possession af the premises lo Lessee. Lessee shall not be abli�ated to pay rent to Lessor durir�g that period of dela}r,and if the delay cantinues �`or longer than ninety(90}days fro�n tt�e ori�,inal commencement date,Lessee sl�al! hav�the option to deciare this tease canceled. Such option shaEl be exercised by�iving written notice af cancellatian to Lessor within ten(IOj days after the � ninet}�day periad has rtxst, lf it is not so e�ercised within tbat time,Lessor shall have an � additianaf ninety days to deliver gossession wzdzr the conditians set fo�th in this para�raph. 3.3 Force Majeure; Neither party shall be held liable for an}�delay ar failure in perEor�nance ot` � any pari of this Lease arisin�out of ar resulting from any cause beyond its contro] arad without its #'aul2 or negligence inciuding,withaur limitatian,acts ofGod,acts or omissions ofciviI ar military authority,;overnment regulations,embarooes,epidemics,�var,terrc�rists ac#s,riots,civit commotion ar civil uprisings,irtsurrectians.earthquakes,floods,power blackouts and ather caused beyond a party's control,whether or not simi(ar ta the fore�oing canditians. I � � � 3.4 if Lessee occupies the premises pr':ar to the ari�inal Cammencemenl Date,such occupancy will be si�bject to the�rovisians of this lease and shall not advanee t11e tcrmination date,nar atter tlxe anniversar}�date. Lessce shali pay rent for such occupancy prc�rata at ihe rate se#farth betaw: ! 3.� Optians to Renew. Pro-Flight Aviatian,Inc.ma}�cenew this lease on a month to znonth hasis. Any r�n�wais cllat are nat rt�onth to month will be for penod determined by Lessee,and � will be in accordane�with initia!lease palicies. Lessee wili nolify LeSsar within 9C!days prior ta Icase terminatian date. t.essor tivi111�ave this pption for the dcaration aP Lessor owning the buildinFlstructure_ 3.G Lesse�r��ay decrease siz�of leased premises during Icase term. Lessee will notify Lessar with a mi�imum of a 30 da}��yYitten natice. Annual Base Rent wi11 be decresscc3 accc�rdingly lo square footage decrease. Lessee may caneci lease with a 30 day natice. 12ENT 4.0 Annual Base Rent for FBO amount:$3i,00a.{l(i(Thirty-three-ihot�sant3 dollars.) Annuat Base Rent for Hanger A and B amaunt: �O.QQ(zera dolIars.) 4.S $ase Rent and CPI Adjus�meni: Lessee shall pay to Lessor at the address set forth above,oc to such olher partics or ptace as Lessor may otherwise designate in writing,tbe sum c�f$2,754.U0 {Twcrthausand-seven-hurtdred-fift}�dr�tlars}in United States dollars per month,payable in advancc on ilte Iirst day of each month durin�tltc first year of the term hereof{the'base rent'). On each anniversary af the commencement datc,the base rent shal!be increased by an amount equai to the previous year`s rent multiplied by the pereentage increase in 1he Consumer Pzice lndex,and this sum shall become the basc rent for subsequent adjusiments. The basis f�r computin�any suc�i increase shafi be United 5tates Depa�tment af Labar Statisiics Consuiner Price [ndex f�r`AI) West'which is puhtished for the peciad nearest each asiniversary. If that Indet far that periati shows an increase.the reni shal! he increased in an amaunt equat to the AGENDA ITEM #8, i) inde� increase. If ther� is no increase in the Index,the rent shall remain the same as in the previaus year. if the specified Index is discontinued or revised,such other�overnmentai inciex ar computatiazt which replaces ihe specified index shail be used so as to obtain substantially th� sam�result as if ihc speci�ed index had not been discontinued ar revised. �.2 Proratian. If the ec�mmencement date is c�n any acher than the Frst day ofa month,the first month's rent shall be the base rent divided 6}�the number ofdays in that nnonih that l.essee accupies the�rernises. Such prorated amount shalt be payable on the first day of accupancy. =�.; t�Vaiver af Right to Setoff. Each payment abli�ation of Lessee under this tease is independent of any duty ereated by contract or arising by operatior►of law that is o�ved to Lessee lay Lessor,other than those duties of Lessar specified in this agreement. Lessee hereby waives any right of equitable setoff it may hatife or c(aim to havc against i.,essor nc�w ar in the futurc,and agrees that each payment obli�ation wil!be tini4l}n�et notwithsta.ndin�,the existcnce of any indepe�zdent claim Lessee may havejagainst Lessor. ! i CUMM4N AREAS ! i 3.0 Comman areas'snclude parkia�;areas,entrances,and exits thereto,are the respansibility of !he I.essor,and Lessor shall;during rhe temi of fhis iease.maintain all ofthe areas desi�;naEed as 'cornman areas'in such a manner and at snch a cost as the Lessor in their sole judgmeni rr►ay reasonabty determine. Lessor reserves the right, from time to time,to reasonably alter said c�mmon area artd io exercise contro!and rnanagement of the common areas and to establish, modify,cl�an�e and enForce such reasonable niies and re�ulations as Lessor in its discretian may deem desirable_ �.1 Lessec agrees ta abide by and confornt to such rules and regulations and shail be r�sponsible for tl�e corrspliartce with same by its employees,agents,cusiamers and invitees. The failur�of Lessor to enfarce any such rules and re�ulations a�ainst Lassee or an}l other tenant shail not be deemed to be a cvaiver of sarr►e,and shal! not prevenE enforcement c�f!he same or other cules ar reguiations by Lessor an�ainst this lJessee or others. �.2 Lessor shall have the right to cIose alt or any portion of the common are'as at such times and for such periods as may,in the opinion of Lessor,be n�cessary ta prevent a dedicatiai thereof,or ta preserve the status thereaf as private propecty,or to prevent the accruai af any ri�l�ts in any person;and Lessor rna}�also close said commo�a areas for purposes nf maintenance and repair as may be required from time to time. Such closure shatl not be deemed an eviction:and L�ssor shalt not be liabte to Lessee for any lass resulting therefrorn. MAINTENANCE Al''dD REPAIRS bA The premises, including ait fixtures and appunenances,shat!at the inception of the tease ternl be in the con�guration and condition as specified in the ptans and specifications for tenant impravements. Lessar shat! have the obtigation to maintain and keep the raof and buitdirt� exEeriar in gaod repair,and responsibte Cor�iuilding structural.electzicaE,and mechanical. Lessee shall 6e respons'rble for interinr maitttenartce. li�tlicig,�nd han;ar daor. Lessee shali AGENDA ITEM #8. l) perniit no�•astz,dama�e or injury ta the prenlises.and shatt be salely respot3sible for repaiss io any part of'the pr�mises damaged as r�sult of actions af the Lessee and/or its it�vitees. Should I.essee b�responsibte for dama�es,thase ciamages shall be repaired by Lessor and Lessee shati promptlp reim6urse Lessor. 6.3 Prcmises shall at al!times t}e kept and used in accardance�vith alt laws,ardinances, dir�ccions,rules and re�ulations of the heallh officers, Fere Marshatl,buitding inspectars,and other proper officiats a11 at the sote cost and expense af Lessee. UTILITIES AND SERYIC�S 7.0 I.essee shal!pa}r its own separaiely metered electric service. Gas,water,sewer,and garbage remaval scrvices wi!(be detern�ined based on tripte nee char�;es that are gro-rated to the huilding. (See Section'7.�t�f this lease). 7.t Lessee is to pay fo all other public utiliues noi specifically�stated herein which sball be used in,ar cl�ar�ed a�ai�st,the teased premises as a result afLessce's occupanc}��during�the term af tl�is lease. t.essor shall nof b�liabie for a�ty injury or damages suffered as a resutt c�f the intemaptian of ar}y utility services b}�fire or other casualty,sirike,riot,vandalism,the making nf necessary rsp�irs or impravements,ar any other cause beyorid Lessor's controi. 7.2 A:l!license or permit f�es,busine.ss and occupacion taaes,and any other taxes and fees applicable to property of Lessee or business canducted qn the premises presently in affect,or subsequently levied by Feder�l,State or Loca1 governments,or any politica3 subdivision ther�of sllait be ttie responsibility oCthe Lessee, When possible,Lessee shall cause its trade fixtures, turnishines.equiprnent ar►d all of its ot�er persona! pr�perty ta be assessed and billed segarately frnm tiie reat property. Lessee slta2l pa}J Lessor the Taxes attributable to such I.essee's properiy within ten(t0)days after ifie receipt Qf a��rriitcn sta�ement setting forth the taaces applicable to Lessee's property, 73 Sllould there presently bc in cffect,or should chcre be enacted during the term of tlxis teas� any►a�ti�,starute,ar ocdinanc�tevying any tax,other than Federa],5zatc ar City income taaces directly or indixectiy in whole or in part upon rents or the income frorr►r�a�es€ate or renta! propen.y,or increasin�any such tax,Lessee shail reimburse Lessor montlily as�dditional cent at th�same lirne as rttinitnum rertt�l pg}�ments are due herecu3der for the act�sal amount af such ta.ies paid. 7.4'1'his is a triple nei lease. Lessor shal[pay buildin�tu�d cornmvn area expenses,and char�e T.essee its pro-rata share of same.This will inciutie,but not Iimited to,buiiding insurance, outside maintenance and landscaping,mana,�ement fees,a�d�arba�e. T6ese comman area charses shatt be approaimately$I.�3 (one-dollar-tif�y-three cents}per square faot of rentable area for the first}�ear,and shall be adjusted annually thereafter as per actual cvsts.This abii�ation is over and above the ba�e rent amvunt due,and shall be payable to i.essor at the same time that n�ontt�ly rent payzne:nts are due. !„essee afso covenants and a�rees to pay for its own telephone,utilities,janitorial end inierior AGENDA ITEM #8, i) , . maintenance,includin4 ceilir►g. £loors,elzctrica►and plumbin,�systcros. tNSPECTIt?N 4F PREMISES $.0 Lessee agrees that fui!oppottunity has been given far inspection of the premises for purposes of ascertainin�suitabiiity far Lessee's 'rntended use and the physicaf canditiott vf tl�em, and that accept�nce oi"possession is on an'as is'basis,untess oiherwise a�reed in wriring,eaccepi for any improv�snents lisied in Additiona!Prauisions,below. USE OF PRE14115ES 9.0 Lessee sha(1 we the premises aniy for Aircraft Maintenance, Ftigl�t Scl�ool,Fixed Base Operation,ri�ircraft Rental, Flight Ssor�,Fuei Services,Auiation Services,Car Rental,Concier�z Serviees,Aireraft Starage,Flight Department Sen�ices,and any other use as Lessor ma}r approve io writing.This use shalt be a permitted use under aIi appEicabte tawsr ordinan�es,and govern enCaS or mwlicigat re�utations,and sha{! not mai:e or pern�it any uss gf the premises which�a��be dan;erous ta life,lirnb,or praperty or�vhich increases t}�e premiurn cast or invalidates any policy or insurance cavering or carried an the premises,the buitding or its contents. Lessee sha11 nat obstrucc the common areas nr use tllem for business or display purpuses. Lessee shalt not make any noise ar permit an}r oc�ar to emit fronn t�e premises which is abjectianable to the public,ta the other tenants,or to Lessor. 9.1 Lessee shatl permit na lien or other encumbrance to attach tca the prernises. In the event thai any lien or other encumbrance sitauid afitach to ihe premises because of Lessee's acEions or inactian,ar that aP its agen�,errRp�oyees or i�vitees, Lessee shall immediately satisfy the�aiue, and shell defend,indemnify and hold i.essar hanntess for the same and fvr any damages,costs and attorney's fees Lessor may realize ti�erefcom. Liens or encumbra�nces due to Pro-E=light Aviation,Inc.'s otivnership interest in Renton Gateway Ccnter, LI,C is exernpt from paragraph 9.t of this lease. ALTERATI4hTS I0,0 Lessee�vili not rnaice alteratians,or additions to,ihe leased premises wiiF►out priar approval of the Lessor. Al{ atteratictns shal!cotnply with eitp and/or state building codes.Lessar approvai shall r�at be unreasanably withheld. CNDEMNtFICATI4N 1 1.0 The Lessar and its cmplayees,artd agents shatl not he liable fbr a�sy injury ta any persans or for damagc to any pcoperiy,regardless of how such injury or darnage may be caused,as a result af the condition of,or in any way related to the Premises,the use of the Pre�ttisas or il�e operations of Lessee in,t�n or about the Premises by Lessee or others. Lessee shal! indernnify, defend and t►o!d harmless Lessor and its a�ents,and employees,froin and a�ainst al!ciaim, I'sabiliiies,losses,darn��es and expenses(including attorney fees and cost} for injury to or death of any person or Ioss�f or dama�e to property in our upap said Premises or arising out af or retating to Lessec's operations fhereon,and including ihe person and property af I,esse+e,its empiayees,a�ents, invitees, ticensees or okhers,however caused,it being understpod and agreed AGElVDA 1TEM #8, l) that all property kept,stared or maintained is�or upai�tf�e Prem'sses si�al!b�at the rssk of Lesse�. 11.1 Th� foc�goins,�imrnunity is specifically intended to constitute a waiver of Lessee's inuuunity under the Washington [ndustrial Insurance Act,RCW Title 51,ta the extent necessacy to provide Lessor with a fu1[and comptete indemnity from ctai�us made by Lessee and its emplayees.The foregoing sha.11 be in addition to Lessee's obligation ta supply the insurance as r�quired herein and not in discha.rae af ar substitution for same. I 1.2 C,essor and Lesse�agrec tf�ai Lessee's recoarse againsc Lessar for any obligations of Lessnr under this Lease shal!be limited ta Lessee"s e�.ecution a�ainst Lessor rigbt,title and interesi from iimc cc�tirne in the Premises.Neither Lessor nor any of its partners,sharehalders,officers, directors or other principals shalt have any personat liability to Lessee as the result of any breach �r deCault by Lessar under tl�is Lease. ! INSU�2Ai�C`E � l2.tl Liabitity 3nsurance. [_essee shali,a[its own expertse,procrsre and n�aintain in t"u!I forcc and effeci,carnprehensive genera! liabilit}�insurance�nth prnducts and completed operation co�cra�c and conlractua!covera�e tu insure any obligation under chis Lease,in responsible companics licenscd to do business in the State of Washington,which shall insure Lesscc and its agents and employces against all claims fnr injuries or death to persons occucring in or ahout the leased premises in a cc�mbined single limit amount oi'not less tltan$I,OOO,00a.oa. Less�,e agrees to fumish Lessor u�ith pc�ticies or certificates af such'snsurance namrng Lessor as an additianal insure�prior to the commencen�ent c�f the term hereof.�ach gol'scy sha11 be nan- canceiable tivithaut at least thirty(30}days writcest noticc to Lesst�r,if Lessee faiis to provide such certifscales u�ithin zhe time required,Z.essor,may at ic aptian,obtain such insurance and Lessee shalt reimburse L.ess�r for al!prenuums and costs therefore within thirty one{3l)days of Lessor's written demand.Any revisions to the poficy shall be promptly forwarded to Lessar, I2.i Properry Insurance.Lessar a�rees to provide fire insurance in r�asanabte amaur�ts ors the building only,not contents. �,essee covenants Ftnd agrees titat it will not do or pennit anything to he dan�an the leased premises du�'ing she tesrn hereof,whici��vi!!increase 2he rate of Lessor's insurance on th�building wl�ich ihe leased premises form a pa.rt,above the minimtzm rake which �aould be applicable in such premises for the Lessee"s type of business,and Lessee agrees that in the event il shal!cause such an inerease in the rate of insurance,it witf,upon request af Lessar, �romptty pay ko the Lessor,as additional rent,any increase in premiurns zesulting lhere from. 12? Lessee sha(1 he resgonsible ta maantain appropriaie insur�,nce for its properry and contenis in tile premises. 12.3 Waiver af Subfa�atian. Lessor and Lessee each selease and relieve the otber arrd waive their entire ripht of rccovery a�ainst the other for lass or dacr�a�e arising out of or incident to the perils covered by the special farm prnperty insurance policy with replacernent cost endorsement A+�ENDA ITLM #8. 1} and busine�s income and extta expense endorsenier►ts{including 4trss of rents}approved far use in the State af Vdashin�tan �vhictt accur in,on�r about the premises,whether caused by the ne�ligence oFeicher par�y�,their aeents,employees,or otherwise.Each party shall obtain from its insurers pro��isians permittin�waiver o�`arty clairn against the r,ther party for loss or dama�e within the scape of the aboti��insurance. TAXES 13,0 Rea1 Property Taxes:/I:ing County Assessor improvement Ta�es:Thc Lessar shali gay i1�e reat pmperty ta.�;es assessed against the land and buildin�s of u�ivch ihe leased premises is a part and the Lessee shal!reimburse the Lessor for the cost of their pra rata pr�ction of said ta�tes. 13.! Persona! Properly TaKes: l.essze shal!be responsible CUr any tax on his persanai property lacated on the leased prernises. 13.2 Business Ta�:es: Less�:e shall pay aIl special taYes and assessments or ticense fees levicd, � a.�sessed ar imposed by iaw pr c�rdinance,by r�ason of the use of the premises far the specific purposcs set fnrth in this agreement. � � DAMAGC OR DESTRUCTIQN 14.Q Subject tQ the provisions of this Paragraph 14,ii'the premises are damaged and such dasnage wa�caused by a fire ar otl�er casualty included tivithin th�classification of casualty as defined in a Standard fire as�d extended coveragc real properiy insurance policyt Lessar shait,at Lessor's cxpense,reptiir such datnage,but not Lessec`s fixiures or equipment,and this lease sE►a!( continue in full force and eCfect. Provided howe��er,in the event#he premises are damaged to such an extent to render the same vntenantable in whole or in a substantial�Sart thereof,ar destrc�yed,if shall lx c�ptionat w'sth the Lcssflr to repair or rebuitd the same,end afier the happenin�of any such event,t��e Lcssee shall give Lessor immediate�vritten notice ihereaf. L�ssor shall have nc�t more than tiiirty(�Q)days after natif'ication io notify the Lessee in writ�ng of Lessor's intentinn to repair or rebuild said leased premises,ar the pari so damaged as afQresaid,but not I,essee's f'txtures or equiprnent,and ifLessor elects to repair or rebuild said �remises,Lessor shall prosecuCe the work of such r�pairing or rebuilding withaut unnecessary detay.and durin�such periad the rent of said premises shalt be abated in the same ratio that thst portion of the premises rendered far Che tim�bein�unfiit far occupancy shalt bear ta Ehe whote af ihe teased premises. tf the Lessar shalt fail ta�ive the notice aSoresaid,I.,essee shall have the ri�ht to dectar�this l�ase terminate�!by written nQtice served upon the Lessar. In the event the building in tivhich premises hez'eb}�leased are lacated shall be damaged{even thaugh the premis�s thereb}�leased shall not be dam��ed thereby)to such an extent that in the opininn af C.essor it shall not bc pr�cticable to repair ar rebuild,or is destroyed,then it shatt be aptional with I.essnr to terminate this lease by wntten natic�senred on Lessee within ninety{90)days afier such damage or destntetian. f�,t 1 f Lessar�ives notice of intent to repair or reconstruct the dama�ed premises as set for�h above, Lessar shal! be relieved of such abligaEinn and Lessor may terminate the Lease if Lessor is unable ia abtain the nccessar} �ns�csein�,labor or materials,flr if Lessor is unable to perCorm such obIigation due to any cause beyond its control,including,but not limited to svikes, lockouts and lnbar disturbances,acts of civil or military authorities,restrictions by municipal authotities, ,-�._ _._.. AGENDA ITEM #8, i) restrictions by n�unicipal ordinances or federal or staEe statutes and miI'stary activity. 14.2 if Lessor�ives notice of intent ta repair ar restcrre the premises under the pravisions of Para�raph !4:and sltal4 not cornmertce sucl�repair ar restoration within ninety{90)days after such nntice, Lessee may elect io temiinate this lease by writtcn notice to Lessor. Upan tcrmination of this Ie�se pursuant to this�'aragraph l�,an equitabte adjustme�i siiall t�e made concern'rn�advancc rent and any advance paymenis mede by Lessee ar Lessar. 14.3 Natwithstanding the abo��e,if th�cast to rzpair dama�e to the Building that occurs during the Iast 24 monttis oi'the Lease Term excecds 30%aF ihe insurable replacement cost of the Buitdin�.Lessor shall have the option to terminate this Lease by�iving written notice to the 'i'es�ant within sixty(60)days after the date of damage and either party rnay terminate this Lease by deliver'sng written noticc to the othcr within thirty(3U�days aft�r the date Lessee receives Lessor's notice.In additian,if the cost ta repair any damage ta tile Premises or ihe Building e�ceeds the inSUtaTlce pCpceedS a�1tEd�7�C t0 L�SSOf,aiit�L�SSpf���CtS f1C3i t0 Y'8�T31t St2CIt da.Tlla�C, i then I.essor shai! have tlie riglit ta tcrminatc this Lease by written nt�ti�e to Lessee given within � sixt}°(60)days after such dama�e accurred. EMINENT D4MA.IN 1�.0 If the whate of the premises s11a#1 be iake6 b}�any public autharity urtder the power c�f Eminent Domain,ar purchased by the condeinner in iieu thereaf,then the terrn of this lease slyati cease as of the date pnsscssion is tat:en by such public autharit}l. Tf ontyf a part of the premises sh�ll k�e so taken,the lease shali terminate only as to the portion taken and shall cantinue in fu!! f�rce and effecE as to che remainder of said premises,and the a�inimum rent sha11 be reduced proportiortatety;prouided, ho�vev�r i f the remainder of said prernises cannot be c��ade tenantabte for the purpr�ses for w�hich #.essec has been using the premises,c�r if mor�than tweniy-five percent(25°/a}of`the rentahie square footage afthe premises slyali be so taken,then either party, hy written notice to the other,given at least thirty(30}days prior to the daie that passessian rnust be surrendered to the public suthority,n�ay ierminale ihis lease effective as af such sunender af possession. If any pari af the property described in Exhibit'A'other ihan tiic pcemises shati be so taken as�o render,in Lessor's sote apinian,#he termination of this lease beneficial Xo the remain'r»g portion of the property described in Exhibit"A',Lessor shall have the right to te�ninate this lease within si�ty(64)days of said C.akin�. Wt�ether whote Qr partial,Lessor shall he entitted so any and ali au�ards,settiemenu,or compensation which rnay be given for the land and buitdin�s, Lessee sha11 have na ctaim against Lessor for the va�ue of any unexpired terni af this {ease. TltASH,GARBAiGE, HAZARDflUS1TOXIC SUBSTANCES 15.0 Lessee shail place atl trash,gazba�e,and recyctables in Lessor snpptied receptacles. Lessee shatt nat burn any trash and garbage in or abavt the bui4dings. 16.) [.,essee shatl nat,without obtaining Lessor's prior written approval,�enarate,rctease,spiit, storc,dcposii,transport,or dispose of any hazardous substances,toxic substances. I�the eveat Less�r appra�es such r�lease of E�azardous suhstances c�n the Decnised Prernises,L�ssee agrees �a�EnraA �rFnn #s. >> . . " that sueh release shal! oceur safely and in campliance with all applicabEe federal,state and }oca! laws and regul�tions. t.essee shalt indemnify,hotd harrniess and defend Lessor from any and a!i claims,liabiiities,tosses,damar�es,cteanup costs,and e�penses, including attorney's fees,arisin� out af or in any way related to the release by Lessee or any of its a�ents,represer►tatives or ernplayees,ar the presence of such hazardaus substances in,an or about the Derrtised Premises occurring at any time during thc iease term and any extension theceo£Lessee agrees to contract with qualified as�d certified service 1a remove all hazardous or contaminated materials fram demised premises. EXTCCtIOR�IGNS . 17.0 Lessee shalt be approved for four outside signs on the buiit3ittg. ASSIGNhTEtYT AM3 SUBL�TTiNG 1$.�Lessee shall not volunlari!?�or b��O�ratioClS OF I0w a5sigti,transfer,mort�age,subtet or othenvise transfer or encumber all or�ny part of Lessee's inlerest in this leese or in the premises. Any attempted assignment,transfer,mortga;e,encwnbrance ar subleiting,and shaIl constitute a breach af this lease. �ssee has the optian ta subiet a poriion of t,�e fl�a affice spaee building for purposes aF aviatian erviccs. Lessee will notify[.esst�r, in wrrting,3f�days prior ta�ny such sublet. � L�SSOR'S RESERVATiONS 19.0 Lessor reserves the ri�ht,without liabi(ity to Lessee,to enter the premises at reasonabte hours to make inspeclions, repairs;altcrations,ar additions to the preznises or to the buildin�s,to exhibit the prem'rscs to prospective tenancs,purchasers or athers,to display durin�;the iast ninety (90)days af the term'FOR RENT"'and similar signs on windows or elsewhere in or on the premises,to change the name of fhe buildin�or str�et address and ta perCorm�ny acts relai�d to the safety,prvtectian,preservation,re-lettin;,SSI�OF ITTIPZQVC1Ti�Cit p�Z�I£�C�IT11S�5 i7P{}�I�26 buitdings. Lessor and Lessor's Contract Manager, workrrten a��d engineers may r�tain and ttse a pass-key to tlze tecased premises to enable them ta examine the demised premises fram time ta tin7e�vich referer�ce to any emer�encies or other general ma'sntenance of the leased premises. DEFAULT AND REM�171ES 20.0 Lessar shall not be in default unless Lessor fails to perform its obtigation under ihis lease within tllirty(30)dsys aft�r notice b}�Lessee specifying wherein Lessar has fai3ed ta pecfarm. fi� the nature of Lessor's obligatinn is such that more than thirty{30)days is required to cure sach defauit�and Lessar thezeafter cures sueh defauti u�ithin a reasonable time,Lessor shall nat be deemzd in default. 2Q.t Events of I7efault:Each o!'the failou�n�events shall constitule a matcrial default or breach �fthis lease by Lessee: (a) lf Lessee,or any successor or assignee of I.essec while in possessian,shall �le a petitian in banl:rupCcy vr insotvency or for rearganiz�tion under any bat�lcruptcy aci,or shall voluntarit} take advantage af any such act by answer ar otherwise,ar sha�l make an assignment for the b�nefit of creditors; {b) tf invaluntary proceedings under any banl;.ruptcy law or insolvency act sha11 be instituted AGENDA ITEM #8, l) . , against l.essee,ar if a cec�iver c�r trust�e sl�ali be appointed af atl or substantially a4t afthe praperty of Ixssee,and such pr�ceedin$s sha}i not be dismissed or the receivership ar trusteeshi� vacated within t3vrty{3tY}days atler the institution s�r eppointment; (c) 1 f L�ssec s11a11 faii to pay Lessor a�ly rent ar additional rent when the rent shatl became dae and in any ewent no lat�r than ten(10)days after the first day of each month. (cl) ICLessee shal! fai!to pecfarm or compty with any of the at}�er conditions afthis Lease not involving payrnent of rent and if the nonperfonnance shatl caniinue for a perioc!of ten(10)ciays aFter natice thereof`Y,y T.essor to l,essee ar. if ti�e performance cannat be reasonably completed u itl�in tl�e ten da} period, Lessee shal! not ia good faith have conimettc�d pe�'formance within t41e ten da�period and sha!! nat dili�ently proc�ed to completion of performance; (c) If Lessee sl�all vacate or abandon the r�emiseci premises or ceases to ogerate the business described in the recitals abavc.prior to expiration oCthe tenm oCthis Lease; (i} �;xc��c as e�pressfy permitte8 under this lease a�reement,any attem}�ted conveyartce, assi�nment,mortga�c,or unx�arranted sublet#in�af tliis lease agreernent.� 20? tternedies:C7n the occurrence of any of'the deFaults ar elements of default described in this scctior�,Lessor shall l�ave thc right to: (a) /lccelerate the liall balance due far the remaining lease term and commence (ega�action to callect money cla�nages Lor 5ame from Lessee or any�uarantor of ihis iease; (b) Conimence e��ictian prace�dings under Chapter 59.12 af the Revised Code of Washingtan (unlau{f'�f deta'sr►cr st�tute}; (c) C�mmence procc�dings in Washington Srate Superior Court and seek an acder of spe.cific perfornlar�ce of al{ the tenns and conditions of the lease agreernenl and Lessor sfiall have the ri�ht to an injunction ta restrain Lessee a�id the furthcr right to invokc a��y remedy allc�wed by law or inequity. 2�.3 The riehcs and remedies�iven to Lessor in this Lease arc distinct,separate and cucnulative, �nd no one czf them,�vhether ar nat exercised by Lessor,shall be deemed to be in exclusion af an}'c�f the other�hecein, by law,or by equiRy provided. 20.=� A10 r�ceipt af rnonet• by Lessar E'rom Lessce afier default or cancellation of this Lease in any lawl'u1 manner shall (1)reinstate,eanti�ue or extend the tenn or affecf any natice given ta Lessee,(2)operate as a wa►ver o£the righ�af Lessor ta enforce the payment of rent and additianal rent il�en due or fatling due,ar(3)operate as a���aiver of the cight ofLessar io recover possession of the demised premises b��pt'oper suit,action,proceedin�ar ather recnedy.A�fter any e��ent af default by Lessee,Lessor may deznand;receive and collect any manies due,without in an}�n��nncr rclievin�Lessee of the lega!consequences of defauli. Any and all such monies so c411eet�d shall �c d�.e��ied ta be payrnent on accaunt of the use and occupation of ihe demised AGENDA ITEM #8. l) premises or at the eiectian of Lessor,an account ot�the liabitity�4f i.essee hereunder. L1ABiLITY FQR CQSTS AND ATT4RNEY'S FEES 2l.0 The prevailing party in any dispute resolution proceeding,wheihec judicial ar nanjudiciat. shall be entitled to recover from the other afl reasanable aitorney's fees and costs incurred in cannection with such proceeding. 2I.2 Any contzaversy ar ciaim arising out of ar rclatin�to this Lease,or the breach thereof,other thdn an actic�n by Lessor aaainst Less�e for nonpaymeni of Rent,ar for urilawful detainer or ejectmeni,shall he settled by arbitratit�n in accordance rvith the Commercial Arbitration Rutes af �e Arnerican Arbitrdtion�issociation,apd judgmer►t upcan the award rendered by the arbitrator(s} may bc entered in any caurt havin�jurisdiction thereof. � I QU1ET ENJUYMENT 22.0 Lessar warra�ts that it has full ri�ht to execute and to perfoctn the lease and to grant the estate demised herein,and tbat upon pay�nent by the Lessee of th�e rents herein provided,and ugon the observanee and performancc of aU d�e covenants,terms and conditions on Lessec's part to tx�obsen�ed and perfnrrned,Lessee shall peaceably and quietly hatd and enjoy the ieased pren7ises far the term h�reby demised without hindrance ar interrup�ion by Lessor or any other persons la�vfuily ar equitabty claiming by,throu�h ar un�er the Lessar,subject,nevertheless,to thc terms and conditions of this tease. SI3RRENDER UF POSSESStON ?3.p Lessee shall,upon the terminatinn af this lease flr of Lessc�"s right to possession,remove fr�m th�premises all af Lessec's trade fixtures,nr Fumiturc,and other unattached persana] prope�.y.and such alterations,additions or in�provecnents required by L,essor to be remaved pursuant to Para�raph 10 above,and shall repair or pay for alt damagc to the prernises caused by such renioval. Lessor shaIl inforrn Lessec within fiftecn(15}days after Lessee's vacation ofthe Premises what alterations ar irrtprovements or fixrures it will requir�ta be reirtoved, AI! such property remainin�and every interest t�f Lessee in Ihe same sha!!be canc{usiveiy presumed to have been conveyed by Lessee to Lessor under this tease as a bill af s�le,with4ut cornpertsation, attawancc,ar credic to Lessee. Lessee shatl,t�pon termination of this lease or of Lessee's right of possession,deliver al) keys to Lessor and pe�cefully quit and surrender the premises�nd al) equiprnent and fixtures cornprisin�a part thereaf withaut notice,neat and ctean,and in as good condition as rvhen 1.,essee took passession,except for xeasonabtc wear and tetu. Lessee,at its o�+m expense,shall have carpets professionaiiy cieaned,have the walis psinted,nait holes removed,and shatl havc the windows cleaned.The heatir�g and cooling systerns shall be in gond working order,as sha31 be a}t building systerrrs thai Lcssec was respat�sibEe for.Lessee is obii�ated to repair chesc shauld they be dama�ed by its tenancy.tt is alsa responsible far remavai ofany a�ad al!�lectrical,co-a�,voice and data lines,lo�v volia,�e�irin�and cabling,and to dispase ofthis tnaterial at its o�m expense. AGENDA ITEM #8, l} H4LDTNG 4�'ER 24.0 If Less�:e,with th�implied or express cor►sent of Lessor,shaIi hald over the expiration af the t�rni of this lease,Lessee shall r�main bound by alt of the cavertants�ud agreements hsrein, e�cept that: (i)the zenancy shall be Crom n�onth tv xnanth,and(ii}the minicnam rent to be paid by Lessce sha11 bL l 50°!o af the last rent amawzz. tf L�ssee and Lessor agree tc�terrns far new lease,the additional 50°to tl�at tvas paid during ne�otialions wiU be applied to future rents. ESTUPPEL AFFID,4,V[T 25.0 Lessee shall,at any time upon not tess than len(10)days'pnor written natice from Lessor, execute,acic.nowiedge and d�Iiver ta Lessor,a siatement in writing{a}certifyin�,ttiat this Iease is unmadi(ied and in t'utt force and efFeci(or,if modified,stntin�tiie nature of svch modifecation ` and certifying that this lease,as so modifi�d is in fuf! S'arce and effect},and the date to which the � renta!and other charaes are paid in advanae,if ar�y;{b}acknowledging that there are not,to � Lessec`s kna��+icd�;e,any uncured dcfaults on ihe'part af the Lessor hereunder,or specifying such defaults if an} are claimed;and(c}any ather mariers as the Lantltord ar its Lender may reasonably requesl. 1�1.ny such statement may be relied upon by any prospective purch�.ser or eneumbrancer of all or any}�ortion,of the reai properry of which the prcmises are a part. SALC QF PREMISES BY LESS(JR 26.Q The L,essor silali t�ve the right to flny sale of the praperty described in Exhibit'A', Lessc�r shalt be and is heret�y relieved of all liability under any and all af its cc�v�nants and obligations contained in or deri��ed from ttus lease aris's��out of any act,occurrence or omission accurrizZg after the consttmmation of such sale,and the purchaser,at such s�zle ar any subsequeni sale af the premises,sha11 be deemed,without any further agresm�nt between tbe parties or tbeir successors in interest pr between the parties ar�d aay such purchaser,to have asst�med and as�,,reed to carry aut all of tl�e covenants�nd obli�ations af the Lessar under this lease. NQTICE 27.0 t�ny notic�:reqtzired to be given by either party ta the other pursutini to the pravisians af tlzis lea5e or az�y law,present ar f�ture,sha4t be in writing and shall be deemed!o have been duly givtn ar sent if either delivered personally or depasiled in the Uniled States mail,postage prepaid,registered ar Gertified,return receipt requested,addreased to the I.essor at the address set I'orth on page 1 of this tease,except that,upon Lessee's takin�possessian of che leased premises, the premises shall constitute L�ssee's address far notice purgases,or to such other address as either party may designate to the other in writing from time tc�time. �i�fTIRE AGR�EMET�T ?$.0 {i is expressly understood and a�reed by E,essor and Lessee that thcre are no promises, a�eernents,condititins,understandings,inducements,warranties or reprzsenta.tions oral or �e�ritten,expressed ar implied,bettiveen them other than as herein set foarth,and this lease shali not be modificd in any rnanner except by an instrument in writin�and executed by the parties. AGENDA ITEM #8, i) BiNDii�G ON HEtRS,SUCCESSOR5 AND ASSIGNS 29.0 The covenants and agreenle�ts of this lease shali be bindin�upan the heirs,executocs, administra#ars,successars and assigns of bath pazties hereto,exce�t as herein above provided.It is further acicnowled�ed that the signar for the Lessee is authorized by the secretary of the corporation to have full2�uthority to execute this agreement. NOI�-WAIVER 4F BREACH 30.0 The faiture ofeither party to insisz on strict pert`ormance of any covcnant or condition hercof,or ta exercise any option herein rantained,sha}I not be construed as a waiver of such covenant,conditian,ar ogtinn in any other instance. Ccsnsent by Lessar in any ane ir�tance shall n�t dispense wiih the necessity of conseat by Lessor in any other i�stance. ! I SUBO�llINAT10N �1.Q This[ease and the interest of Lesse�hereunder shall be at atl times subject to any and ai! now effectave or hercafter executed morcga�,es andJor deeds of tzust which may now or hereafter affect L,essor s estate in the real praperty o!'which!he prerr►ises form a pari and#o a11 renewals, �nodifications,replacements,or extensions ihereaf. Lessee shall�rt�m}�lly execute any instruments which may be rcquired ta evidence such subordination. Thc fo1la�ving exhibits are macie a part of this lcase bp this reference: EXk�fIBIT'A'. Legal Description E7�IiIBtT'B': Floor Plan . AGENDA ITEM #8. l) In«�itness tivhereof,thc parties hereto have hereunto set their hands the date set forth belo«�. LESSEE: b,�.���. D,��'��� �tz: ��-11��1i ;ts: � . I.ESSOR: h�4-rJ���Jf� �. ����� date: �02 I7 If 1 � its: ,��'��ltl�.•�i12.a 2�.�2�LL U G� AGENDA ITEM #8. i) �- STATE{�F Wt�S(I[�lGTL3N COLf\4'CY OF �`l,4�� I certify that T knatv or have satisf�ctory evidence that „l�i..�.�r�r � l.�/�a�k"�:: signed this instrumeni and �ckna«�I�dged it to be �,j r� #�r�e and voiuntary act tor thc uses and purposes rnentioned in the instrum�nt. dated: ��2 i�� . � � SAt�DF2A M. ORpHAN � � ARY�PUBLIC�te of ashington STATE OF WA5HINGTON t My a�pcaintment expires: ;/..�.�//�. N4T"ARY PUBLIC ,. . lVlY COMb11SSI01V EXPiRES 09•22-13 STATE OF WASI-ItNGTC3\ COUt�'E'Y UF ,.Ci.✓c; � ' � ;�� I certify That I kno�ti�or have satisfactary eridence th ,�i.f1�.'c e���= signed this insirument and ackno�vledgecf it to be ��'s�-- free and voluntary act for the use�and purposes ntentioned in the instrument. dated: /-�ir�/�- 1 �---�.'s�.,�,-...�� ,.�..,,. SANpRA M. �RPHA�1 hfl�''t�l��' PUBLIC,State of Washinwto� STATE OF WASNINGTON My appaintrnent expires: <`�/��-�//,� NOTARY PUBL4C MY Gt3brit�liSSiC7N EXf�3RES 09-22-13 CC?�!SI.JLT YOUR ATTORNEY THIS DOC`UMF�T 3-tAS BEEN PREPARED FUR St3$MISSi�N"t'4 YQt1R ATTt}RN�Y FC3R NISft��R REVE�W ATND APPRC3VAL l'RS4R TC?YflUR EXL.'CUTI+ON OF SAME. NO R��'E�SLN1'AT1C7N QR RECC?Mt�EI�JDATION !S MADE BY PRIME LOCATIONS,TNC. OR ITS AGENTS QR EMP�,OYE�S AS TO TI-lE LEGAL SUFFICTENCY,LCGAL EFFECI' OR TAX CC►NSE�UEI�CES OF THiS DOCUMENT,OR THE DOCUMENTS REFERRED TU HERElN,UR THE TRAI�JSACTtC1N RELA't'iNG THERETO. THCSI.ARE QUESTipNS 1=QR YOUR ATTORNEY WTTH WHt�M YOU SHtJULD Ct�NSULT BEFORE SiG1�ING THIS DdCUMEh'i'. � I � � � W .�' -.___�..___-...—. _ _.._. .___.. _ _____.__..__... __.__ __ -- — Q k tf2 OF StC 7, e{ti.1N TNP. ?3ti.. 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II1 .�1 n i P+ � ° � . �„,? .�.�r"� . . _ M�JS �d ' ,— '� � �� �~ !� µ,'t. � ' v' .. �:t . �.$'� `. ; ' .' . � . .. - ' g4 ' . . ��iY- k"f,S s,. � . ' _ ' � _ a €` .. . . .. . . ,�,.i,�2-I'����� ������� �� � . 't, � . , a..� Y�Y'� ., .�u�~i .. ;§..� , , .:.�,�'� Runway Side n � Z v n _.. " ` y . � � 00 � AGENQA ITEM #8. 11 �x`�vr r�17- f3' Amendment#1 co "LEASE AGREEMEI�IT" 'fhis amendment is intended to clazify the premises sub-ieased ta Pro-Flight Aviation, tnc.(lessee�by Renton Gateway Center,LLC{lessor). The c�riginal tease agreement {lease) was signed by the parties on 12/14/2011 Exhibit"B"is replaced in it's entirety with Exhibit"B",revision#2 Section 2.0 of ihe lease is replaced in it's entireiy with the�'ollowing: 2.Q Lessor hereby leases to Lessce a portion of those building and aircraft ramp premises iocated on the Rentan Mur�icipal Airport cammonty known as fi50 W.Perimeter Rd, Renton,WA 480�7. i � Building; Lessee�will accupy the hangar�designated as"A" and'B" and the"FS(? � � Lobby"attached to Hangar"A". -see Exhibit"B",revision#1. Aircraft Ramp: Lessee will be entitled to use any and a41 of the Aiscraft Ramp in cooperatian with other tenants that tease hangars"C"ttuough"H". Appraxiznate size of leased building area:9,40Q Sq Ft glus or minus Apprpximate si2e af total building azea: 31,OOQ Sq Ft ptus or minus Lessee pro-rata share:30.32°/a Endof 5ection 2.0--------••---------------------------------------------------------------------- In witness whereof,the parties have hereunta set their hands the date set forth below. LESSEE: �y� ��'a�... c�i'• 1����j# � �. /�-1�/.u��.� Diane O.Paholke r � � i'resident-Pro-Flight Aviatian,Inc. LES50R: ��' ,� � �� e. ��./`���/� c�����". �� � Diane O.Paholke � Managing Member,R.entan Gateway Center,LLC AGENDA ITEM #8. I) Exhibit"B" Revision#I Renton Gateway Center 750 W.Perimeter Rd Reaton,WA 98057 Street Side N G F E D C B A ----r FBO ` � �bby � _ _ __ � 1..........�. � � � Runway Side (Aircraft Ramp) � 0 z —�► � x AGENDA ITEM #8. I) F��� Gi���z�9-r-i.✓C— ,�X!-�l�S'! T C,. i�'�i�.+�• ��r- t � � i � � �� � „ AVIAT�ON � INC 750 N.Per(meter Rd Lntt tll Renton,NA 98057 ��� ��� �� (42�228•9510 . (41�228-9511 fu D � pro�fghW�iationlnr i�zl�oo.com OC;i 1 3 2015 �,�'.! Introductian: -jv- Pro-Flight Aviation, Inc was established in 1994, offering maintenance, aircraft rental, U y and flight instruction at the Renton Municipal Airport. Our business has steadily grown since that time. This growth is attributable to the fact that we provide yuality services f�'� �' ( and products to the flying public utilizing the airport,and�o our responsible business ` model. Pro-Flight has consistently shown a profit since the day we opened our doors. Services provided to the public by Pro-Flight are: • Aircraft Maintenance, including major and minor repair, and major and minor alteration of airframes,engines, avionics,interiors and aircraft components. � Storage and tie-down of aircra$,both indoors and outdoors. • Commercial flight operations including flight training, aircraft rental, sightseeing, aerial photography. • Sale of aviation fuels and lubricants. � Sate of aircraft parts, components and pitot supplies. • Aircraft servicing with fluids and campressed gases. • Aircraft grooming • Aircraft sales,leasing& management. Pro-Flight is the only operator on the airport that provides all of these essential services. Investment and Infrastructure: Pro-Flight Aviation has made significant investments in equipment and infrastructure in response to demands of the Airport and the aircraft operators that use or desire to use the airport. These investments include: AGENDA ITEM #8. 1) • Fuel Fann o Construction and installatian of a state-of-the-art fuel storage facility 0 10,000 gallon Avgas aboveground storage tank 0 15,000 gallan Jet fuel aboveground storage tank o This facility is equipped with double wall,ballistic rated tanks, full spill containment structures, and oil-water separators, o Meets or exceeds all fire and environmental standards. • Fuel Trucks o Four fuel delivery trucks ■ Twa,2000 gallon Jet fuel trucks � • Two Avgas trucks, 16001 and 1000 gallons respectively � 4 • Ground support Equipment o Two aircraft moving tugs capable of towing aircraft up to SO,OOO lbs a Floatplane moving truck o Electric ground power unit a Compressed gases servicing equipment, including oxygen and nitrogen. o Lavatory service equipment Experience: • Pro-Flight has over twenty years experience operating as an FBO on Renton Airport. We have always honored our cornmitments to the City and our customers. Our record of timely payments, community participation and environmental stewardship speaks for itself. We will continue to use our existing infrastructure,equipment,personnel,and substantial capital investments to serve the pilots and aircraft owners that utilize the Airport. Space Requirements: • Pro-Flight has a valid sublease agreement with Renton Gateway Center. That agreement provides Pro-Flight with hangar, office and ramp space. Due to recent events at the Airport, Pro-Flight is in the process of liquidating most of our flight AGENDA ITEM #8, 1) training fleet. We have removed appraximately hal£of our fleet frorn the Airport while they are being soId. White we will continue to pxovide coznmercial flight aperations, we wiIi da so with 2 ar 3 airplanes,thus greatly reducing our carrent need for ramp space to store the fleet. Profitabiiity: • As previ�usly stated,Pro-Flight has always shown a profit and we have atways met our financial comrnitrnents on time.This will continue. • C3ur aircraft maintenance opezations are current�y baoked aut for 3 months or more. The reduction in our training fleet wili reduce our internal maintenance requirements, atlowing us to concentrate on the outside maintenance aspect af our business. • We expect to see arz increase in khe demand for ternporary parking frorn transient aircra8. 1 � Conc]usion: ' • Pro-Flight Aviati�n has the experience,equipment,and persannel to c�perate profitably from our existing space on the Airport. • Like any small business,Pro-Fligl�t is atways seeking additzonal ways to grow aur business, As such,we may be interested in future expansian shoUld that become possible. AGENDA ITEM # 10, a) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTpN, REQUIRING THE RECONSTRUCTION AND REALIGNMENT OF SUNSET LANE NE AS A PREREQUISITE FOR FURTHER PROPERTY DEVELOPMENT IN THE SUNSET REVITALIZATION AREA ALONG WITH THE REALIGNMENT, OVERSIZING AND ADDITION OF NECESSARY UTILITIES. WHEREAS, the City Council has approved the Sunset Revitalization Area Plan ("Plan"j; and WHEREA5, that Plan anticipates a substantial increase in density of residential structures, the size and location of which necessitate the reconstruction and reaiignment of Sunset Lane NE, as well as realigning, oversizing and adding utilities necessary to support the increased density; and WHEREAS, the City has taken substantial preliminary steps to achieve the Plan, including extensive closed and pending real property purchases and sales and construction of a library for the King County Library System; and WHEREAS, to achieve the gaals of the Plan it soon will be necessary to begin the required raadwork and utility work; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENT�N, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings are found to be true and correct in al( respects. SECTION I1. To achieve the further property development anticipated in the Plan, it is a prerequisite that Sunset Lane NE be reconstructed and realigned and that the utilities to serve such further property development must be realigned, oversized and added. 1 AGENDA ITEM # 10. a) ORDINANCE N0. SECTION Iil. This ordinance shal) be effective upon its passage, approvai, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2016. lason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2016. Denis Law, Mayor Approved as to form: Lawrence 1. Warren, City Attorney Date of Publication: ORD:1898:1/4J16:scr 2 ���� GlTY OF EXECUTIVE DEPARTMENT ������,�,nir�"������ �r M E M O R A N D U M DATE: January 25, 2016 TO: Randy Corman, Council President Members of the Renton City Counci{ FROM: Denis Law, Mayor Jay Covingtan, Chief Administrative Officer SUBJECT: Administrative Report In additian to our day-to-day activities,the follawing are some items worthy of note frar this week: • Ne(p us prevent local residential street flaoding by rrranitoring catch basins near your hame and keeping them clear of leaves and other debris. Street sweepers are dispatched daily ta dean up debris along major arterials. During snow and ice events, sanders and snow plaws are dispatched to keep major arterials drivable. Deicer is applied ta major arterials as needed if weather conditians permit. Do not park or abandon your vehicle within any portian of the traffic lanes. Abandoned vehicies impair snaw and ice removal and impact respanse of emergency vehicles. • Preventative st�eet maintenance,traffic impact projects, and road ciosures will be at the following locations: ✓ Monday,lanuary 25#h through Friday,lanuary 29#h,approximately 8:00 a.m.to 5:00 p.m. The twa east tanes on Main between 2nd and 3rd will be closed to improve the water main while the west lane wiil be apen for traffic flow. Questions may be directed to on-site inspector Pat Mi11er at 206-794-6162. ✓ Manday,January 25th through Friday,January 29th,approximately 8:00 a.m.ta 3:00 p.m. Westbound (ane closure on 156th Avenue 5E, between SE 144th Street and SE 6th Street, due to instaNation of utilities. Questians may be directed to Mark Wetherbee at za�-s9�-i$zs. ✓ Monday,January 25th through approximatety August 31st. Logan Avenue North between Narth 6th Street and Airport Way will be cla5ed 24J7 to all soufihbound traffic during construction af the Logan Ave Impravement Praject. Sauthbaund Logan Ave N traffic wili be rerouted along Park Ave N to Bronson Way and South 2nd Street. Q,uestions may be directed to James Wi{hoit at 425-430-7319 or via email at jwilhait@rentonwa.gov. For updates visit the project web page at Rentonwa.gov. Agenda item No.: �� RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: � � �/f b PLEASE PRINT 5 Minute Tim i ' . � e L mit - 1 1 Name:� .��1'� I,L� �Lt �V V 5 Name: � _ l� Address: ���� [) �p�5�` �1J�_ � Address: � City: �I��l`� Zip Code: �.`��1�' City: Zip Code: / Email: Email: / Topic: ���,��Q, ��ll�U-�v �� ON �h��'��� Topic: �--. / 2 6 Name: Name: Address: Address: / /� City: Zip Code: / City: / �p ode: Email: / Email: ,� / v /Topic: Topic: 3 7 Name: Name: Address: / Address: / City: /Zip Code: City: / Zip Code: Email: / Email: / Topic: ��1 Topic: / / 4 g Name: Name: Address: / Addre s: . City: / Zip Code: Cit . Zip Code: . �rriail: mail: Topic: Topic: (CONTINUED ON REVERSE SIDE) (Continued from Reverse Side- Page 2) RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit � - g 13 Name: Name: Address: Address: / City: Zip Code: City: Zip Cod • Email: Email: Topic: Topic: / 10 14 Name: . Name: Address: Address: / City: Zip Code: City:/ Zip Code: Email: �il: Topic: � 1 // Topic: � 11 15 Name: Name: Address: / Address: City: Zip Code: / City: Zip Code: Email: / Email: Topic: / Topic: 12 16 Name: Name: Address: / • Address: City: / Zip Code: City: Zip Code: / Email: Email: Topic: Topic: COMMITTEE OF THE WHOLE p`PPROvuNCll� COMMITTEE REPORT CITY CO Dat� � �� zor(o January 25, 2016 Ordinance Requiring the Reconstruction and Realignment of Sunset Lane NE along with the Realignment, Oversizing and Addition of Necessary Utilities (January 11, 2016) The Committee of the Whole recommends concurrence in the staff recommendation to approve the ordinance requiring the realignment and reconstruction of Sunset Lane NE along with the realignment, oversizing and addition of necessary utilites. � . �� � R�ndy Corman Cou�ii�Pr�dent ✓ � � FINANCE CC?MMIITEE REPORT �►PPRC�V�D �Y Ci"t`Y GQUNGiL, lanuary 2S,2016 ��t�_ ! Z-`� Z.C,7(� APPROVAt�f CCAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on lanuary 25, 2016 claims vouchers 344259 — 344626, 4 wire transfers and 1 payroll run with benefit withhalding payments tataling $6,278,866.27 and payroll vouchers including 747 direct deposits and 34 payroll checks totaling $1,640,642.74. �. Dan PerSson, Chair Armo�'n.t�a Pavone,Vice-Chair Ruth Perez,�Vlember �� ���`����YefCIL FINANCE COMMITTEE 'C1� �� COMMITTEE REPORT �..��+� 1 �j ZO January 25, 2016 � Utility Billing Adjustment (January 4, 2016) The Finance Committee concurs with staff recommendation, denying the waiver of back charges for water and sewer utilities at the service address 3018 Ilwaco Ave NE. The original water and sewer connections were unauthorized by the City and the property received both water and sewer services November 2008 — November 2015, without the City's knowledge. There is no City code, City policy, or State statute that allows provisions for utility waivers under these circumstances. ��'l - Don Persson, Chair Arm o Pavone, Vice-Chair � _ . �� Ruth Perei, Member Council Committee Meeting Calendar 7anuary 25, 2016 January 28, 2016 Thursday 3:00 PM Planning & Development Committee, Chair Prince, Council Conf Rm 1 . Docket 1 1 Briefing 2. Emerging Issues 4:00 PM Community Services Committee, Chair Witschi, Council Conference Room 1 . Renton Municipal Arts Commission Appointment - Goetz-Granquist February 1, 2016 Monday 3:30 PM Utilities Committee, Chair Mclrvin, Council Conference Room 1 . Lower Cedar River Restoration Assessment - briefing 2. Cedar River Maintenance Dredge Project - briefing 3. Establishment of 165 St. Sanitary Sewer Extension Special Assessment District (#48) 4:30 PM Transportation Committee, Chair Perez - Council Conference Room 1 . Pro-Flight Aviation Operating Permit &Agreement 2. Emerging Issues in Transportation 5:30 PM Committee of the Whole, Chair Corman - Conferencing Center 1 . Solid Waste Response to Request for Proposal for Services 2. Economic Development Update STAFF RECAP CClUNCiI.MEETING REFERRALS a./Z�IZos� MOTI�NS REFERRED TD ADMINISTRATiQM1i: None Other Requests: Foliow-up with the separate concerns voiced during the Audience Comment portian af the Council meeting by Bonnie Washington and Alicia Zepeda. - Milosevich MC?TIC?N5 REFERRED TO COUNCIL COMMITTEE: Co�sent Agenda item 7.f. regardir�g lodging Tax Advisory Committee funding aliocation recommendations was remaved from the agenda and referred to the Committee of the Whale. -Vincent *The cansent agenda items were adapted as presented,with the exceptian of Item 7.f.which was referred ta the Cammittee of the Whale. ��~�� "'�—�-`'__ GiTY G1F «��,,"��; M I N UTES City Council Regular Meeting 7:00 PM- Monday,January 25,2016 Council Chambers,7th Floor, City Hall—1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Randy Corman, Council President Ryan Mclrvin Armondo Pavone Ruth Perez Don Persson Ed Prince Carol Ann Witschi ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Lawrence J.Warren, City Attorney Jason Seth, City Clerk Chip Vincent, Community& Economic Development Administrator Gregg Zimmerman, Public Works Administrator Cliff Long, Economic Development Director Amanda Askren, Mapping Supervisor Chief Mark Peterson, Fire & Emergency Services Department Deputy Chief Erik Wallgren, Fire & Emergency Services Department Chief Kevin Milosevich, Police Department Deputy Chief Ed VanValey, Police Department CommanderJon Schuldt, Police Department January 25, 2016 REGULAR COUNCIL MEETING MINUTES 1 PROCLAMATION Renton Heart Month-February 2016:A proclamation by Mayor Law was read declaring February 2016 to be Renton Heart Month and encouraged all citizens to increase their awareness of cardiovascular disease,detection, and prevention by participating in this important community risk reduction campaign. Chief Mark Peterson of the Renton Fire & Emergency Services Department accepted the proclamation with thanks. He introduced various community members and partners who are invested in promoting heart health throughout the City of Renton, who then addressed Council regarding the positive effects of these partnerships. MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL ADOPT THE PROCLAMATION AS READ.CARRIED. SPECIAL PRESENTATION a) K-9 Unit Funding Grant Presentation: Following a brief introduction to the services that the Renton Rotary provides, Norma McQuiller, President of the Renton Rotary,and Laura Uland, President-Elect, presented a grant check from the een Roethlisberger Foundation to Chief Milosevich of the Renton Police Department for$7,500 to support the City's new K-9 unit. Chief Milosevich shared the history of the grant program, and thanked the Rotary for its assistance. b) Municipal Arts Commission Bravo Award Ceremony: Paul Hebron, Commissioner, presented the Bravo Award to Jaris English for her achievements in furthering the goal of raising awareness and acceptability of arts in the Renton community. Ms. English thanked Council and the Renton Municipal Arts Commission for recognizing the importance of arts in the community. PUBLIC HEARING Street Vacation Request:200 Mill Street(Petitioner:City of Renton;VAC-15-004). This being the date set, and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to consider the petition to vacate a portion of a right-of-way(ROW) in the vicinity of 200 Mill St.; petitioner City of Renton. Mapping Supervisor Amanda Askran reported that 100%of the abutting property owners have signed the vacation petition. She relayed that the ROW was originally dedicated in plats from 1876 and a portion replatted in 1957,and that City owned utilities and other utilities are located within the ROW and properties. She also specified that the ROW is currently located within parking lots, property improvements, and the 200 Mill St. building, and that the vacation would allow for the parcels to be reconfigured with a Boundary Line Adjustment.The Vacation would accommodate future improvements within the revised parcel boundaries. Upon circulation of the petition to City departments and outside agencies,there were no objections to the vacation. However, several requests for future easements were recommended as conditions of approval. Specifically: • Surface Water Utility has requested a 15-foot easement over the existing stormline. • Water Utility has requested that an irrigation water meter be relocated within Mill Ave.South ROW in accordance to City standards. � Comcast requested an easement over an existing line. January 25, 2016 REGULAR COUNCIL MEETING MINUTES 2 Ms.Askren recommended that Council approve the request to vacate subject to the listed conditions being prepared and secured at the time the Boundary Line Adjustment is completed on the property. There were no audience comments. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR TO CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR IN THE STAFF RECOMMENDATION TO APPROVE THE VACATION PETITION AND PLACE THE ORDINANCE TO VACATE THE RIGHT-OF-WAY FOR FIRST READING ON NEXT WEEK'S AGENDA. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2015 and beyond. Items noted were: • Preventative street maintenance will continue to impact traffic and result in occasional street closures. • Local residential street flooding can be prevented by monitoring catch basins near homes and keeping them clear of leaves and other debris. Street sweepers are dispatched daily to clean up debris along major arterials. During snow and ice events, sanders and snow plows are dispatched to keep major arterials drivable. Do not park or abandon vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. AUDIENCE COMMENT • Bonnie Washington,Seattle, a Metro Bus Driver, shared her experience and voiced concern regarding delayed Police response time. She also requested assistance in getting dealing with her assailant. Mayor Law advised Ms.Washington to speak with the Police Commander on duty. Councilmember Persson requested further information regarding the response time for this case. • Alicia Zepeda, Seattle, shared concerns regarding how the Police Department handled an incident she reported on 1/14/2016.Additionally, she stated that officers had not filed a report, and that she does not feel she was properly protected. Mayor Law noted that he would pass her information along to the Police Chief. • loleen Allen Staats,Seattle,thanked Renton Police Department for increasing patrols in the area of the Walgreens store located at 275 Rainier Ave. S. CONSENT AGENDA Items listed on the consent agenda were adopted with one motion,following the listing.At the request of Mayor Law, Consent Agenda item 8.f. was pulled for separate consideration. a) Approval of the Council Meeting minutes of 1/11/2016. Council Concur. b) Mayor Law reappointed the following individuals to the Municipal Arts Commission with terms expiring on 12/31/2018: Mary Clymer, Evelyn Reingold, Ben Andrews,and Mitch Shepherd. Council Concur. January 25, 2016 REGULAR COUNCIL MEETING MINUTES 3 cj Mayor Law appointed Samantha Goetz-Granquist to the youth position on the Municipal Arts Commission far a term expiring on 12/31/2018. Refer to Community Services Committee. d� Administrative Services Department submitted a request for utility billing adjustments at Sunset View Apartments,and recommends approving adjustments in the total amount of $9,Q72.80. Refer to Finance Committee. ej Community& Economic Development Department recommended adapting an ardinance revising RMC 6-27 to enable staff ta immediately collect lost, stolen,ar abandaned shopping carts, issue a $100 fine to the identified owner, and impound the cart far 14 days befare selling ar disposing the cart. Refar to Committee of the Whale. g) Cammunity Services Department recommended approval of an amendment to the Cammunities in Schools of Renton (CISR) Lease (LAG-12-002)toa extend the term for one year and increase the rate to$7,615.56 per year. Council Concur. h) Fire &Emergency Services Qepartment reported that the 2016 Basic l.ife Support(BLS)annual allocation of funds is$1,281,368(City of Rentan-$959,193; KCFD#25-$1Q8,745;and KCFp #4Q-$213,43Qj. None; Informatian Only. ij Transportatian Systems Divisian submitted CAG-13-149, Work Order 19-14,800 Building Upgrades project,contractor Farma Constructian Campany; and requested appraval of the project, and approva)of the final pay estimate in the amount af$22,16L20.Cauncil Concur. j) Transportation Systems Division submitted CAG-14-104, Citywide Safety Improvements project, contractor Pioneer Cable, Inc.; and requested approvai of the project, and approvai of the final pay estimate in the amount of$185,795.95. Cauncil Concur. k} Transportation Systems Division recommended approva!of an Operating Permit and Agreement with Pro-Flight Aviation Inc.for their sublease of the 750 parcel from Renton Gateway Center, LLC.for the purpose of operating a business at the airport that conducts business related to aircraft maintenance services,flight training, and aircraft fueling. Refer to Transportation(Aviatian?Committee. IVIOVED BY Ct3RMAN,SECONDED BY PAVONE, CC?UNCII.Ct?NCUR TO APPROVE THE CCINSENT AGENDA, MINUS ITEM 8.�.CARRIED. ITEM 8.f. -SEPARATE CONSIDERATiON _ __ __ f� Community& Economic Development Department recammended approval af Che 2016 lodging tax funding allocations totaling$217,000, as recommended by the Lodging Tax Advisory Cammittee. MOVED BY CORMAN,SECONDED BY PERSSON,Ct�UNCI�REFER ITEM 8.F.TO THE COMMITTEE O�THE WHOLE,CARRIED. UNFiNISHED BUSINESS __ __ _i,__ _�_ a) Council President Corman presented a report recommending concurrence in the staff recommendation to approve the ordinance requiring the realignment and reconstruction of Sunset Lane NE along with the realignment, oversizing and addition of necessary utiiities. (See below for Ordinance.) MOVED 8Y CORMAN,SfCONQED BY PAVONE,COUNCII CONCUR IN THE CQMMITFEE RECOMMENQATIC?N.CARRIED. January 25, 2Q16 REGULAR COUNCIL MEETING MINUTES 4 b) Finance Committee Chair Persson presented a report approving for payment on lanuary 25, 2016 claims vouchers 344259-344626, four wire transfers and one payroll run with benefit withholding payments totaling$6,278,866.27 and payroll vouchers including 747 direct deposits and 34 payroll checks totaling$1,640,642.74. MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION.CARRIED. c) Finance Committee Chair Persson presented a report recommending concurrence with staff recommendation to deny the waiver of back charges for water and sewer utilities at the service address 3018 Ilwaco Ave NE.The original water and sewer connections were unauthorized by the City and the property received both water and sewer services November 2008—November 2015, without the City's knowledge. There is no City code, City policy, or State statute that allows provisions for utility waivers under these circumstances. MOVED BY PERSSON,SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND ORDINANCES Ordinance for first reading: a) Ordinance No. 5783:An ordinance was read requiring the reconstruction and realignment of Sunset Lane NE as a prerequisite for further property development in the Sunset Revitalization Area along with the realignment, oversizing, and addition of necessary utilities. MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/1/2016.CARRIED. NEW BUSINESS Please see attached Council committee meeting calendar. ADJOURNMENT MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL ADJOURN. CARRIED.TIME 7:39 P.M. -i'' '/ d /f Jaso A. Seth, C�I�/IC, City Clerk i Megan Gregor, Recorder Monday,January 25, 2016 January 25, 2016 REGULAR COUNCIL MEETING MINUTES 5 JAN 25, 2016 - CITY COUNCIL REGULAR MEETING - MOTIONS SHEET ,A��rida A�enda�Section . Titlejlterh Matian , Staff Contact. Interested Parties 1��c�ment 3.a) PROCLAMATION Renton Heart Month-February 2016 Councii adopt the N/A N/A proclamation as read. 5.a) PUBLIC HEARING Street Vacation Request: 200 Mill Street(Petitioner:City of Council Concur - Amanda Askren Jennifer Henning Renton; VAC-15-004) first reading on next Jason Seth week's agenda. 7.a) AUDIENCE Bonnie Washington,Seattle, shared her experience with N/A Kevin Milosevich Melissa Day COMMENT delayed police response time regarding a harassment ' incident of a Metro bus driver. Councilmember Persson requested information regarding the delayed response time for this incident. 7.b) AUDIENCE Alicia Zepeda,Seattle, shared her experience with an N/A Kevin Milosevich Melissa Day COMMENT incident involving the police and her concern with the perceived lack of follow through from the Renton Police Department. Mayor Law advised Ms.Zepeda to speak with Commander Schuldt who in attendance and mentioned that staff would follow up with her regarding the incident. 8.a) CONSENT Approval of the Council Meeting minutes of 1/11/2016. Council Concur Jason Seth Megan Gregor AGENDA 8.b) CONSENT Mayor Law reappoints the following individuals to the Council Concur April Alexander Elizabeth Higgins AGENDA Municipal Arts Commission with terms expiring on Sandi Weir 12/31/2018: Mary Clymer, Evelyn Reingold, Ben Andrews, and Mitch Shepherd. 8.c) CONSENT Mayor Law appoints Samantha Goetz-Granquist to the Refer to Community April Alexander Elizabeth Higgins AGENDA youth position on the Municipal Arts Commission for a Services Committee Sandi Weir term expiring on 12/31/2018. S.d) CONSENT Administrative Services Department submits a request for Et�rtt��"-�n�r�te lamie Thomas Chris Seese AGENDA utility billing adjustments at Sunset View Apartments, and C�tmi�e . Kari Roller recommends approving adjustments in the total amount of $9,072.80. 8.e) CONSENT Community&Economic Development Department "R�fei`,'tOTCi�ti1t"ri��+�i�°%y Paul Hintz Angie Mathias �;a..., <��..,� ,.,.r:,,,� r:..� AGENDA recommends adopting an ordinance revising RMC 6-27 to �bf th�t;''1l�11jplt►:;�`,����>�;NF,;. Judith Subia ,.; ,�,. ..:.. , �,..�z � f .r.. enable staff to immediately collect lost, stolen,or '(�' ''�� ' "'::'�, a"'">:r�,b.;�,���;; Cynthia Moya .ti .,:<.,w��:..�, abandoned shopping carts, issue a$100 fine to the "�:�,'' �` �' � 'T �'`V ^'; �..x. �.,.ti,;,.:���;.:- . k;.,, .., .;�;�;,;.� identified owner,and impound the cart for 14 days before I�^?�'"`:�:�,,,�: �•�`�",' �`;:�„�;;�'.. �.� :::,�k . ;w��. ,�. selling or disposing the cart. �''"�,a.�"'� 8•g) CONSENT Community Services Department recommends approval of �Council Concur 9 Peter Renner Diane Wagner AGENDA an amendment to the Communities in Schools of Renton Sandi Weir (CISR) Lease(LAG-12-002)agreement for a rate of$7,615.56 per year. 8.h) CONSENT Fire&Emergency Services Department reports that the None; Information Erik Wallgren Dudley Jackson AGENDA 2016 Basic Life Support(BLS) annual allocation of funds is Only $1,281,368(City of Renton-$959,193; KCFD#25- $108,745;and KCFD#40-$213,430). 8.i) CONSENT Transportation Systems Division submits CAG-13-149, Council Concur Jonathan Wilson Susan Campbell- AGENDA Work Order 19-14,800 Building Upgrades project, Hehr contractor Forma Construction Company; and requests Heather Ulit approval of the project, and approval of the final pay Li Li-Wong estimate in the amount of$22,161.20. 8•j) CONSENT Transportation Systems Division submits CAG-14-104, Council Concur Michelle Heather Ulit AGENDA Citywide Safety Improvements project, contractor Pioneer Faltaous Li Li-Wong Cable, Inc.; and requests approval of the project, approval of the final pay estimate in the amount of$185,795.95. 8.k) CONSENT Transportation Systems Division recommends approval of � ;�� ��.; <. Jonathan Wilson Susan Campbell- AGENDA an Operating Permit and Agreement with Pro-Flight ' ``" ' Hehr Aviation Inc.for their sublease of the 750 parcel from Heather Ulit Renton Gateway Center, LLC.for the purpose of operating a � Li Li-Wong business at the airport that conducts business related to aircraft maintenance services,flight training, and aircraft fueling. - 8.f) ITEM 8.F. - Community&Economic Development Department �>�i�s,tp;��i�T4��;�"�r,3°;�,�£�. Cliff Long Judith Subia SEPARATE recommends a roval of the 2016 lod in tax fundin ����"� '` '" ��� ' °��'' '�,, pp g g g `h��.�� ���������` Julia Medzegian CONSIDERATION allocations totaling$217,000, as recommended b the (�����(4n,�� � �; Y h1�7R�V7v�,'w"rv�r�c� $,p4++{+��t"�!.¢' �g,...',:'i�a%xpy,�"w�A�4�"..�N,,,��'�rx� 5tz.,". Lodging Tax Advisory Committee. �;, ,,4,,.,,<,;.,,° ' ;,'�r:,,�r�$,�R.t Clarice Martin � resented a report COUNCIL CONCUR IN Cliff Long �u�}ith Subia � � UNFINISHED Council President Corman p �'a� recammending concurrence in the staff recommendation ta RECOM MNp���N. BUSINESS apprave the ordinance requiring the real'ivg�h the�n retonstructian of Sunset Lane NE a{ong utilities. Natalie Wissbrod realignment,oversizing and addition of necessary �pUNCiL CONCUR IN lamie Thomas ' UNFItVISHE� Finance Committee Chair Persson 25 52�15c laims�vouchers TNE COMMITTEE 9�b� �pproving far payment on January RECOMMENDATION. BUSINESS a roii run 344259-344626�f°ur w�re transfers and one�p2��$�6 2� with benefit withhoiding payments totaling$ , and payrali vauchers including 747 direct deposits and 34 1640 642.74. Abdoul Gafour payrall checks totaling$ , � CpUNCII CONCUR IN Jamie Thomas �ason Seth � UNFINI5HED Finance Cornmittee Chair Persson presented a report 9'c� recommending concurrence with staff recommendation,to �ECOMMENDATiON. BUSWESS deny the waiver of back charges for water an sewer utilities at the service address 3Q18 Itwaco Ave NE.The originaf water and sewer connections were unauthorized by the City and the praperty received both water and sewer services November 2008—November 2015,wit�hautohState City's knowledge. There is no City cade,City p Y� statute that allows provisions for uti{ity waivers underthese ��arice Martin circumstances. CUUNCi�REFERTHE Cliff Long �u��th Subia ' Ordinance for Ordinance No.5783:An ordinance was read requiring the OR�yINANCE FOR �indy Maya 10.a} Reconstructian and realignment of Sunset Lane NE as a first reading: development in the 5unset SECOND AND FINA� prerequisite for further property �EADING C}N Revitali2atian area along with the reatignment,oversizing 2���2Q16 and addition af necessary utilities. �� i i SPEAKER CARD Hand to Citv Clerk prior to addressin�Council Name: 1`—Y�-�� �-E."t�"Q� Phone#: ��3�� �� l� 1(..�.� t-.e_.v-- �c� ��E� Address: � ���-t--�1 �`��--�-sC �� Zip Code:�� � (� City: State: �v,�. �` Topic: �� �'�� �`�� `'V� ���� 1 C�`�LC� ��""(� '" . �� �� To address the Renton City Council, please walk to the front, hand the speaker card to the City Clerk, stand at the podium microphones facing Council, and state your name and citv of residence for the record, SPELLING YOUR LAST NAME. Each speaker is allowed five minutes. In order to be contacted by City officials or staff, or to become a party of record to a certain issue, complete this card, providing your name, address, phone number, and/or email address. SPEAKER CARD Hand to Citv Clerk priar to addressin�Council � / 1 � Name: ti! C�/`E'.2°/'✓l ��r , Phone#:c��— �–��� �' � �} Address: ���� – Gf�7 y�Df.�c.x;t�it G�"�.--� �T� ��nai�� Cityp��,i��'�;�� tr�' State: ��C%i Zip Code: ��d 1 � r._.._ - � - Topic�. ! Y!�'�VQ– ^ t/IC� �f/ . , � 7o address the Renton City Cauncil, please walk ta the frant, hand the speaker card ta the City Clerk, stand at the podium microphanes facing Councii, and state yaur name and citv of residence for the record, SPELLlNG YOUR lAST NAME. Each speaker is ailowed five minutes. in order ta be contacted by City afficials or staff, or to become a party of recard to a certain issue, compfete this card, providing your name, address, phone number, and/or email address. i NTY p� gING � pF utASHINGTONU�ICATION STA'1� AFFiDAVIT�F P C NpTICE ul S��rn°n°ath that she is the Legal PIIBLI �ills,being first d Y Linda M cc�.v oF x�!v��oN Advertising RePxesentative of the RE�.��;�ciTv cot��c�� NUTtC�:OF Pt;[3LIC NEAKIN�;NEN .R porter �pTtCF. I5 t1EREA�uncik has tQn e Uiat thc Renton ��CY �f January, 1Zen tixed the 25th �a`I a �T �f ?()ib, at 7 p•m as the dati�� �0 a� ne�'t'Sp p for u pubiic hearin�ouncii er, which new�P�per 15 a ore than six months t�„�� x1u, for m lished i� heid in the se��hori°OL�ty newspal� �a� and has been Chambers of ,y,iay, Renton, a weekly a er in King tioss s. c,raa� and is nQ referred to� Pu che hereinafter y�� 9g057, to cons�der gener����ixculation ublication d� � y,,eekly neW S� � ro�e� a`' prior to the date of P tiriUOUSI}� ' � h�s been aPp foitowing. �,��eet Vacation for lish language con Re axter af the State of ���c�c;on tor . ���c�a the Eng The Rento� p �fluT� portion of right-of-waY ton. of the �uperior ve. County, washing eT by order in the vacinity of 20 ot 1Rent�n. �n regular issues s. tr�ec,c,°"e`. s t oa� � j,,egal NewspaP. Caunty. ublished� vRc-1_- cn� t o n for King was p which �'r'as r;le'�° iS ��° `° Wa s h i n g an nexed �e m e n� t°�} e T i O C�• t'he meeting a���s are �,e notic�in the exac t f o r m nOt 1n Su�}� the aelow�tate d p �ur`ic p ll i n t e r th�dhearing �n d ge OrtgT ���d invited Yo attend �f the Renton P tQ it�subscribers during p��sent written��t{�n co Renton reg��arly distributed regarding thc 1� ��ance with notice, a� �ptlGe �;�, xau ;5 in comp �c2, The annexed �,ubiie the American Disaritities and interl�retive services f r�Yi�ic hearing impairecl will be P, ed up�n pr�or notice. For �nfor. $�2��6, ma„on,caii 425-430-651�. on 3 anuary Jasc�n A.Seth was published C�ty Cterk �eporter on �blication is punt�5hea (tcnton SO0705. tiaid foregoing p ��tc,.#�. ed for ... 3anuary S,.- nt of the fee charg ����µ:��a r�,�� The f ull ampu ,�,;�'��� ������'�` '''�. the sum Qf�7�•�� ,,� ��.J:.��'y�.�;';�,•_ �'"�, � c^ ., f `,�l��f�� _ � �`a•` � ,j�., ;� � xlls ative,Renton Reporter ,2�t 6. � �'.> .e����� .�...� �ip al A vertising R�P ta me�,his 8th day of lanuary � �,�,��;�G ,��.: be and s�' : cs'�"�•. :;;~ . �g � orn '<� a ,ubscri r ��. • .;:.., ��,�, � r �,�„' - ...� ti r � � � � `, �hin ton,Residing in �'��i�#�i s����e�°k �.. . `�`��`.-. . � �� ���==� ub1ic for the 5tate of Wa: � �` �je Gwin,Natary P � puyallup,�ashingtan � �