HomeMy WebLinkAboutCouncil 03/22/2010AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
March 22, 2010
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATIONS
a. Night Closures on Benson Rd. S.
b. Renton Heart Month Wrap‐Up
4.PUBLIC HEARING
a. Moratorium on the permitting of adult entertainment businesses for a period of six months and
assess whether change or measured action is necessary to the existing ordinance.
5.ADMINISTRATIVE REPORT
6.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
comment period will be limited to one‐half hour. The second audience comment period later on in
the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please
walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST
NAME.
7.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 3/15/2010. Council concur.
b. Community and Economic Development Department recommends approval, with conditions, of
the Benson Trails a.k.a. Sandhu Plat Final Plat, 16 single‐family lots on 6.27 acres located in
the vicinity of 120 Ave. SE and SE 184th St. Council concur. (See 9.a. for resolution.)
c. Community and Economic Development Department recommends adoption of a resolution
supporting The Boeing Company's pursuit of the United States Tanker Program. Council
concur. (See 9.b. for resolution.)
d. Community and Economic Development Department recommends adoption of a resolution
authorizing membership to the Cascade Agenda Cities Program at the Leadership City level,
and authorizing an annual $5,000 committment to the program.
Refer to Planning and Development Committee.
Page 1 of 95
8.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Finance Committee: Vouchers; Amended 2010 Fee Schedule; Refinancing of 2001 Limited
Term General Obligation Bonds*; Smurfitt‐Stone Bankruptcy Reorganization Plan; Purchasing
(Bidding and Contracting Requirements) Policy Revisions
b. Utilities Committee: Senior/Disabled Utility Discount Rates
9.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
b. Supporting The Boeing Company's pursuit of the United States Tanker Program (See 7.c.)
Ordinance for first reading:
a. Refinancing of 2001 Limited Term General Obligation Bonds (See 8.a.)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
March 22, 2010
Monday, 5:30 p.m.
Insurance Program Annual Report
7TH FLOOR CONFERENCING CENTER
Approximately 6:30 p.m.
Kent School District Meet & Greet
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
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Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 95
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4a. ‐ Moratorium on the permitting of adult entertainment businesses
for a period of six months and assess whether change or measured Page 3 of 95
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Benson Trails Plat aka Sandhu Plat
File No. LUA 09-111FP
King County File No. L03P0027
Meeting:
Regular Council - 22 Mar 2010
Exhibits:
1. Resolution, legal description, vicinity map, and
project site map
2. Staff report and recommendation
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Jan Illian, x-7216
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The recommendation for approval of the referenced final plat is submitted for Council action. This plat
divides 6.27 acres into 16 single-family residential lots and 5 tracts. The preliminary plat was approved
by King County. The Hearing Examiner Report was issued on June 10, 2005. The construction of the
utilities and street improvements to serve the lots is complete at this time. All construction will be
approved, accepted, or guaranteed as required through the Development Services Division prior to
recording of the plat. All conditions placed on the preliminary plat by King County will be met prior to
the recording of the plat.
STAFF RECOMMENDATION:
Approve the Benson Trails Final Plat - LUA 09-111FP, with the following conditions and adopt the
resolution.
1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to
the recording of the plat. 2. All plat fees shall be paid prior to recording of the plat.
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 4 of 95
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 5 of 95
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 6 of 95
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 7 of 95
DEVELOPMENT SERVICES DIVISION
COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:Viking Bank
Benson Trails Final Plat File: LUA 09-111 FP
King County File: L03P0027 aka: Sandhu Plat
LOCATION:12044 – SE 184th Street
NW 1/4 Section 33, Twn. 23N. Rge. 5E. WM
SUMMARY OF REQUEST:Final Plat for 16 single-family residential lots and
five tracts with storm and streets. This King
County plat was recently annexed into the City of
Renton in 2008. The plat received preliminary
approval at King County. Street lighting is private.
Water and sewer service is Soos Creek Water and
Sewer District.
RECOMMENDATION:Approve With Conditions
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record documents in this matter, staff now makes and enters the following:
FINDINGS:
1.The applicant, Chris Clousing of Viking Bank, filed a request for approval of a 16-lot Final Plat.
2. The plat was annexed into the City of Renton in 2008.
3.The yellow file containing all staff reports, documentation, King County files and other pertinent
materials was entered into the record as Exhibit No. 1.
4.The 16-lot preliminary plat was issued a DNS on April 22, 2005 at King County.
5.The subject proposal was reviewed by all departments with an interest in the matter.
6.The subject site is located at 12044 - SE 184th Street. The new plat is located in the NW ¼ of Sec.
15, Twn. 23N. Rge. 5E. WM.
7.The subject site is 6.27 acres. Combines two existing tax parcels.
8.The Preliminary Plat received King County Hearing Examiner approval on May 12th, 2005.
9.The site is zoned R-6 (Single Family) as designated in King County.
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 8 of 95
10.The Final Plat complies with both the Zoning Code and Comprehensive Plan.
11.The Preliminary Plat was subject to a number of conditions as a result of plat review by King
County. The applicant has complied with the following conditions:
1.Compliance with all platting provisions of Title 19A of the King County Code.
Response: 19A.12.020 – Preliminary approval occurred on June 10, 2005 and is
effective for 60 months. Final plat approval will occur prior to the expiration date on
June 10, 2010.
19A.12.030 – Revisions to the preliminarily approved plat are not considered to be
substantial in nature and are not subject to a new application.
19A.16.030 – The final plat submittal has been surveyed and submitted by a certified
land surveyor and submitted for review prior to recording. A current plat certificate has
also been provided. Proof of water and sewer availability has been provided. Upon
approval, the final plat will be recorded with the records and licensing services division.
19A.16.040 – Engineering plans for proposed and condition improvements have been
prepared, submitted, reviewed, and approved by the development engineer prior to
onsite construction activities. The plans and technical information report were prepared
consistent with the requirements of the King County Road Standards, Surface Water
Design Manual and conditions of preliminary approval. Plans and documents were
stamped, signed, and dated by a civil engineer.
19A.16.050 – The final plat includes all applicable information compliant with the
contents of this section unless otherwise revised or amended by the City of Renton.
19A.16.060 – The final plat will be prepared on 18” x 24” sheets with a 2” border on the
top or left side and ½” border on the other three. The plat will be printed on acceptable
materials as specified in WAC 332-130-050 or alternate material as specified by the
City of Renton.
2.All persons having an ownership interest in the subject property shall sign on the face of
the final plat a dedication which includes the language set forth in King County Council
Motion No. 5952.
Response: A representative of Benson Trails L.L.C. will sign the face of the final plat with
a dedication as specified by King County Council Motion No. 5952 unless amended or
revised by the City of Renton.
3.The plat shall comply with the density requirements of the R-6-SO zone classification.
All lots shall meet the minimum dimensional requirements of the R-6-SO zone
classification or shall be as shown on the face of the approved preliminary plat,
whichever is larger, except that minor revisions to the plat which do not result in s
substantial changes may be approved at the discretion of the Department of
Development and Environmental Services.
Response: The plat proposes a density of XXX and complies with R-6 zoning
requirements as follows: Base Density: 6 du/ac; Minimum Lot Width: 30 ft; Minimum
Street Setback: 10 ft; Minimum Interior Setback: 5 ft.
4.All construction and upgrading of public and private roads shall be done in accordance
with the King County Road Standards established and adopted by Ordinance No. 11187,
as amended (1993 KCRS).
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 9 of 95
Response: Construction and upgrading of public and private roads were done in
accordance with King County Road Standards as submitted, reviewed, and approved by
King County and inspected and approved by King County Inspection Services.
5.The applicant shall obtain documentation by the King County Fire Protection Engineer
certifying compliance with the fire flow standards of Chapter 17.08 of the King County
Code.
Response: King County DDES issued a Fire Permit (Activity No. B06F0439) on
8/23/2006.
6.Final plat approval shall require full compliance with the drainage provisions set forth in
King County Code 9.04. Compliance may result in reducing the number and/or location
of lots as shown on the preliminary approved plat. Preliminary review has identified
the following conditions of approval which represent portions of the drainage
requirements. All other applicable requirements in KCC 9.04 and the Surface Water
Design Manual (SWDM) must also be satisfied during engineering and final review.
a.Drainage plans and analysis shall comply with the 1998 King County Surface
Water Design Manual and applicable updates adopted by King County. DDES approval
of the drainage and roadway plans is required prior to any construction.
Response: The A drainage plan in accordance with the King County Surface Water
Design Manual was completed, submitted to, reviewed by, and approved by DDES
Engineering. The storm drainage plan has since been constructed, Inspected, and
approved by King County Inspections.
b.Current standard plan notes and ESC notes, as established by DDES Engineering
Review, shall be shown on the engineering plans.
Response: The approved plans included standard plan and ESC notes
c.The following note shall be shown on the final recorded plat:
All building downspouts, footing drains, and drains from all impervious surfaces such as
patios and driveways shall be connected to the permanent storm drain outlet as shown
on the approved construction drawings # ___________ on file with DDES and/or the
King County Department of Transportation. This plan shall This plan shall be submitted
with the application of any building permit. All connections of the drains must be
constructed and approved prior to the final building inspection approval. For those lots
that are designated for individual lot infiltration systems, the systems shall be
constructed at the time of the building permit and shall comply with plans on file."
Response: The required note, revised by the City of Renton, has been included on
the final plat.
d. The drainage evaluation for this project has identified a downstream capacity
problem along a stream corridor which contributes to localized flooding problems
approximately 500 feet downstream from the plat. To mitigate potential drainage
problems, storm water facilities shall be designed using the modified level one criteria
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 10 of 95
as specified in the drainage manual, which detains storm water for the 10-year storm
and limits the release of peak flow rates based upon the downstream capacity. The
design criteria for the modified level one standard is summarized in the drainage manual
on page 1-26 and shall be implemented during review of the final engineering plans.
Response: The approved drainage plans included a combination detention/water
quality facility which limited the peak flowrates as required. The County approved TIR
includes calculations demonstrating the mitigated flowrates from the developed
project.
e. Drainage facilities shall also include designs for water quality treatment using
standards for the basic protection menu as outlined in the drainage manual. If wet
ponds are utilized for water quality treatment, the pond configurations may require
modification to a rectangular shape to achieve the 3:1 flow path required by the
drainage manual. To accommodate the required detention storage volumes and
water quality facilities, the size of the proposed drainage tracts may need to increase.
All runoff control facilities shall be located in separate tracts and be dedicated to King
County unless portions of the drainage tract are used for recreation space in accordance
with KCC 21A.14.180.
Response: The approved drainage plans included a combined detention/water quality
vault to meet water quality standards per the King County SWDM. The facility was
designed per the SWDM and approved by King County. The drainage facility is located in
a separate tract per the above conditions.
f. Storm water facilities shall be designed to address any proposed on-site bypass
of storm water as described on page 1-36 and 3-52 in the drainage manual.
Response: The proposed project does not propose any on-site bypass for storm water.
g. The proposed drainage facility within Tract B is located in the Bonneville
Transmission Line right-of-way. Prior to engineering plan approval, the applicant shall
provide correspondence and/or permits from Bonneville indicating approval for locating
and constructing the drainage facility.
Response: The proposed drainage facility no longer lies within Tract B. However, prior
to the approval of the engineering plans, a correspondence indicating approval from
BPA was provided.
h. As required by Special Requirement No. 2 in the drainage manual, the 100-year
floodplain boundaries for the onsite wetlands shall be shown on the final engineering
plans and recorded plat.
Response: The 100-year floodplain boundary for the on-site wetlands was added to the
engineering plans and the final plat.
i. The final drainage plan shall be reviewed for compliance with the setback
requirements from sensitive areas. As specified in KCC 21A.24.200, structures shall be
set back a distance of 15 feet from the edge of sensitive area buffers. Compliance with
the setback design standards may require modifications and/or relocation of the
proposed drainage facility within Tracts A and B. The current conceptual drainage plan
shows concrete retaining walls within the setback which is not allowed by County code.
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 11 of 95
Response: The plans were reviewed for compliance with applicable setback
requirements. The drainage facility was modified to maintain the wetland buffer and
remain wholly within Tract A. The proposed retaining walls were modified to not be
located within the setback area. The drainage facilities were designed and constructed
to be at least 15 ft from the wetland buffer.
j. A permit from the Washington State Fisheries Department may be required for
roadway improvements along the property frontage which may impact wetlands and/or
streams. Any required permits shall be submitted to King County prior to engineering
plan approval.
Response: It was determined that a Washington State Fisheries Department permit
was not required prior to the construction of the roadway improvements
7.The proposed subdivision shall comply with the 1993 King County Road Standards
(KCRS) including the following requirements:
a. SE 184th Street shall be improved as an urban neighborhood collector along the
plat frontage. The improvements shall include curb, gutter, and sidewalk along the north
side of the roadway with the curb located at 16 feet from road centerline.
Response: Frontage improvements along SE 184th Street were designed, submitted,
reviewed, approved, constructed, and inspected. The improvements included curb,
gutter and sidewalk per the King County Road Standards urban collector requirements,
along the north side of SE 184th Street
b. The onsite cul-de-sac shall be improved as an urban minor access street.
Response: The cul-de-sac was improved to meet the King County Road Standards
for an urban minor access including 22 ft of paving, vertical curb, sidewalk, and a
minimum right-of-way width.
c. Due to previous grading work within the site, the applicant shall demonstrate to
the satisfaction of King County that the proposed roadways are constructed on suitable
soils with subgrade compaction in accordance with County standards. Lot grading shall
also be evaluated to assure that building sites are properly prepared for future home
construction.
Response: King County Inspection Services inspected the road construction during
project construction. There are no records that indicate any concern by King County
regarding the subgrade compaction of the roadway. Earth solutions NW provided
geotechnical consulting and testing surfaces during construction to ensure proper
compaction was met. A portion of this project was constructed after the project had
been transferred from King County to the City of Renton.
d. The proposed road improvements shall address the requirements for road
surfacing outlined in KCRS Chapter 4. As noted in section 4.01F, a full width pavement
overlay is required where widening existing asphalt.
Response: The engineering plans addressed road surfacing requirements. The plans
were approved by King County DDES.
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 12 of 95
e. Street trees shall be included in the design of all road improvements, and shall
comply with Section 5.03 of the KCRS.
Response: Street trees have been included in the road improvement plans. The plans
were reviewed and approved by King County DDES. The street trees are planned to be
installed by August 1, 2010.
f. SE 184th Street is designated a neighborhood collector street which may require
designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact
Metro and the local school district to determine any specific requirements.
Response: METRO does not have a plan to add a bus route at the project location.
Renton School District does plan to provide a bus stop at the northeast corner of
184th/20th Ave SE. The applicant is currently working with the Renton School District to
meet any improvement requirements necessary for the bus stop.
g. Modifications to the above road conditions may be considered by King County
pursuant to the variance procedures in KCRS 1.08.
Response: No modifications to the above road conditions are proposed.
8.SCHOOL WALKWAY: To provide a safe walkway for school-age pedestrians, the
Applicant shall improve Southeast 184th Street from the frontage to the school bus
‘pick-up’ location at the intersection of Southeast 184th/120th Avenue SE. At the
intersection of Southeast 184th Street/120th Avenue SE, a widened paved ‘pad’ shall be
provided for those students.
This off-frontage improvement shall consist of one of the following:
a.A minimum five (5) foot wide paved walkway – separated from the existing
roadway pavement edge by a four (4) foot wide gravel shoulder, or
b.A full-width eight (8) foot wide paved shoulder delineated by a white edge line
stripe, or
c.Full urban improvements (i.e. concrete curb, gutter and 5-foot wide concrete
sidewalk).
The Applicant may choose to share costs of 9.c. above with the developer of the
proposed plat of “Goss” (DDES File #L05P0001) and/or, the developer of the proposed
plat located at the northwest corner of the intersection of 124th Avenue SE/Southeast
184th Street (DDES pre-application File #A05PM102), provided the curb line shall be set
at 16-feet north of the right-of-way centerline, the roadway widened with a full roadway
pavement section, and the existing roadway pavement overlaid or reconstructed as
required by the requirements of KCRS 4.01. (RCW 58.17.110)
These off-site improvements will not be required if the school district decides in its
future plan to provide bus pick up location at the plat entrance or any other location in
the vicinity of the site and transport the elementary school kids to and from school by
bus. If the pickup location is not at the plat entrance, then a safe pedestrian walkway
from the site to the bus pick up location shall be provided.
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 13 of 95
To implement the above condition, the Applicant shall submit detailed engineering plans
for the required walkway and other directly-related roadway work for review and
approval by King County DOT and King County DDES.
Response: The applicant is currently working with the Renton School District to
determine if the applicability of this original condition. If necessary, the proposed
project will provide off-frontage improvements per Option A, as outlined: “A minimum
of five (5) foot wide paved walkway – separated from the existing roadway pavement
edge by a four (4) foot wide gravel Shoulder.” The improvements have not yet been
constructed but they will be provided prior to project completion if requested by the
Renton School District.
9.All utilities within proposed rights-of-way must be included within a franchise approved
by the King County Council prior to final plat recording.
Response: All utilities within the proposed right-of-way will be included within
approved franchises or easements as required by the City of Renton.
10.The applicant or subsequent owner shall comply with King County Code 14.75,
Mitigation Payment System (MPS), by paying the required MPS fee and administration
fee as determined by the applicable fee ordinance. The applicant has the option to
either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of
building permit issuance. If the first option is chosen, the fee paid shall be the fee in
effect at the time of plat application and a note shall be placed on the face of the plat
that reads, "All fees required by King County Code 14.75, Mitigation Payment System
(MPS), have been paid.” If the second option is chosen, the fee paid shall be the
amount in effect as of the date of building permit application.
Response: The King County MPS is not applicable now as this project is now under the
jurisdiction of the City of Renton. For each new lot (15), Transportation Mitigation fees
in the amount of $717.75/lot ($10,766.25) will be required prior to plat recording.
11.Lots within this subdivision are subject to King County Code 21A.43, which imposes
impact fees to fund school system improvements needed to serve new development.
As a condition of final approval, fifty percent (50%) of the impact fees due for the plat
shall be assessed and collected immediately prior to recording, using the fee schedules
in effect when the plat receives final approval. The balance of the assessed fee shall be
allocated evenly to the dwelling units in the plat and shall be collected prior to building
permit issuance.
Response: King County school impact fees are no longer applicable to this project. A
note to the final plat has been added requiring that school impact fees will be assessed
and collected at the time of building permit submittal.
12.The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot
owners or homeowners association. This shall be stated on the face of the final plat.
Response: No planter island is proposed (or required) within the cul-de-sac. This
requirement does not apply.
13.The proposed subdivision shall comply with the Sensitive Areas Code as outlined in
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 14 of 95
KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall
also be addressed prior to final plat approval. Temporary marking of sensitive areas
and their buffers (e.g., with bright orange construction fencing) shall be placed on the
site and shall remain in place until all construction activities are completed.
Response: The proposed project complies with the Sensitive Areas Code. Permanent
survey markings and signage have been installed along the critical area buffer.
Temporary marking and fencing was installed prior to construction and will continue to
be in use as necessary during future construction.
14.Preliminary plat review has identified the following specific requirements which apply
to this project. All other applicable requirements from KCC 21A.24 shall also be
addressed by the applicant.
Wetlands
a.Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the
wetland edge.
Response: The minimum buffer has been maintained from the wetland edge for this
project.
b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract
(SAT).
Response: The wetlands and associated buffers will be located within a separate tract.
c. Buffer averaging may be proposed, pursuant to KCC 21A.24.320, provided the total
amount of the buffer area is not reduced and better resource protection is achieved,
subject to review and approval by a DDES Senior Ecologist.
Response: The wetland restoration and mitigation plan was reviewed and approved by
King County DDES. There is no additional mitigation or buffer averaging proposed by
this project.
d. A minimum building setback line of 15 feet shall be required from the edge of the
tract.
Response: The 15 foot building setback line from the edge of the wetland buffer/tract
was maintained for currently constructed structures. The setback line will also be
maintained for future building construction.
e. Split-rail fence shall be installed along the wetland buffers.
Response: A split-rail fence has been installed along the wetland buffer.
15.The following note shall be shown on the final engineering plan and recorded plat:
RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE
AREAS AND BUFFERS
Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial
interest in the land within the tract/sensitive area and buffer. This interest includes the
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 15 of 95
preservation of native vegetation for all purposes that benefit the public health, safety and
welfare, including control of surface water and erosion, maintenance of slope stability, and
protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer
imposes upon all present and future owners and occupiers of the land subject to the
tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King
County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and
buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned,
covered by fill, removed or damaged without approval in writing from the King County
Department of Development and Environmental Services or its successor agency, unless
otherwise provided by law.
The common boundary between the tract/sensitive area and buffer and the area of
development activity must be marked or otherwise flagged to the satisfaction of King County
prior to any clearing, grading, building construction or other development activity on a lot
subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging
shall remain in place until all development proposal activities in the vicinity of the sensitive area
are completed.
No building foundations are allowed beyond the required 15-foot building setback line, unless
otherwise provided by law.
Response: The required note was provided on the final engineering plan which was reviewed
and approved by King County. In addition, the required note, as amended or revised by the City
of Renton, has been included on the final plat.
16.Suitable recreation space shall be provided consistent with the requirements of KCC
21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children’s play equipment, picnic
table[s], benches, etc.).
a.A detailed recreation space plan (i.e. area calculations, dimensions, landscape
specifications, equipment specifications, etc.) shall be submitted for review and
approval by DDES and King County Parks prior to or concurrent with the submittal of
the engineering plan. This plan must not conflict with the Significant Tree Inventory &
Mitigation Plan.
Response: A detailed recreation space plan was submitted, reviewed, and approved by
King County DDES. The applicant is planning on pursuing a plat amendment to allow a
park mitigation fee to City of Renton Parks and Recreation in lieu of providing the on-
site recreation area.
b.A performance bond for recreation space improvements shall be posted prior to
recording of the plat.
Response: An assignment of funds has been provided to the City for the estimated
amount of the improvements ($51,432.15) for the recreation area and street trees
until a decision regarding the plat amendment is reached.
17.A homeowners' association or other workable organization shall be established to the
satisfaction of DDES which provides for the ownership and continued maintenance of
the recreation, open space and/or sensitive area tract(s).
Response: A homeowners’ association has been established to provide ownership and
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 16 of 95
maintenance of community space for this project.
18.Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050):
a.Trees shall be planted at a rate of one tree for every 40 feet of frontage along
all roads. Spacing may be modified to accommodate sight distance requirements for
driveways and intersections.
Response: A street tree plan per King County code and standards was provided,
reviewed, and approved by King County DDES. Street trees will be installed by
August 1, 2010.
b.Trees shall be located within the street right-of-way and planted in accordance
with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County
Department of Transportation determines that trees should not be located in the street
right-of-way.
Response: A street tree plan per King County code and standards was provided,
reviewed, and approved by King County DDES. Street trees will be planted
in the right-of-way in accordance with the KCRS .
c.If King County determines that the required street trees should not be located
within the right-of-way, they shall be located no more than 20 feet from the street
right-of-way line.
Response: The street tree plan includes trees planted within the right of way. This
condition is not applicable.
d.The trees shall be owned and maintained by the abutting lot owners or the
homeowners association or other workable organization unless the County has
adopted a maintenance program. Ownership and maintenance shall be noted on the
face of the final recorded plat.
Response: The City of Renton does not have an applicable maintenance program; the
trees will be owned and maintained by the homeowners association. A note has been
provided to the final plat stating the above.
e.The species of trees shall be approved by DDES if located within the right-of-
way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing
trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm
sewers, or that is not compatible with overhead utility lines.
Response: The approved street tree plan does not include the restricted species listed
above.
f.The applicant shall submit a street tree plan and bond quantity sheet for review
and approval by DDES prior to engineering plan approval.
Response: A street tree plan and bond quantity sheet was submitted, reviewed and
approved by DDES.
g.The applicant shall contact Metro Service Planning at 684-1622 to determine if
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 17 of 95
SE 184th Street is on a bus route. If SE 184th Street is a bus route, the street tree plan
shall also be reviewed by Metro.
Response: The proposed location is not located on a Metro bus route. This condition
is not applicable.
h.The street trees must be installed and inspected, or a performance bond posted
prior to recording of the plat. If a performance bond is posted, the street trees must be
installed and inspected within one year of recording of the plat. At the time of
inspection, if the trees are found to be installed per the approved plan, a maintenance
bond must be submitted or the performance bond replaced with a maintenance bond,
and held for one year. After one year, the maintenance bond may be released after
DDES has completed a second inspection and determined that the trees have been
kept healthy and thriving.
Response: A street tree deferral has been preliminarily allowed by the City of Renton
to allow for street tree installation to be completed after the proposed building
construction. An assignment of funds for the recreation and street trees has been
provided by the applicant. The street trees are scheduled to be installed by August 1,
2010 under this deferral agreement. The City of Renton does not have a maintenance
program for street trees. A maintenance bond will not be required for this project. The
Homeowners’ association will be responsible for the maintenance of the street trees.
The final plat includes a note stating the HOA responsibility with regards to the trees.
i.A landscape inspection fee shall also be submitted prior to plat recording. The
inspection fee is subject to change based on the current County fees.
Response: The City of Renton does not have a maintenance program for street trees.
No future inspection fees for the street trees will be required.
19.Areas used as regional utility corridors shall be contained in separate tracts and meet
the setback requirements of King County Code 21A.12.140 – Setbacks from regional
utility corridors.
Response: Utility easement areas will be provided where required and are shown on
the final plat. Setbacks from regional utility corridors have been met for the proposed
project.
20.Significant Trees, SO-220. This development condition requires the applicant to retain a
percentage of existing significant trees on-site. The applicant is exempt from this
requirement per KCC 21A.38.23.B.h. which states:
“ Project sites with 25 percent or greater of the total gross site area in sensitive areas, sensitive
area buffers and other areas to be left undisturbed such as wildlife corridors, shall be exempt
from the significant tree retention requirements of this chapter.”
Response: As stated above, Tree Retention requirements are not applicable to this
project, as greater than 25% of the project site area is comprised of sensitive areas and
associated buffers.
CONCLUSIONS:
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 18 of 95
The Final Plat appears to satisfy the conditions imposed by the preliminary plat process and therefore
should be approved.
RECOMMENDATION:
The City Council should approve the Final Plat with the following conditions:
1.All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to
the recording of the plat.
2. All fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 9th DAY of January, 2010
DEVELOPMENT SERVICES DIVISION
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 19 of 95
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL
PLAT (BENSON TRAILS A.K.A. SANDHU PLAT FINAL PLAT; FILE NO. LUA09-
111FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been
duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and
the approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools, school grounds, sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and Economic
Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 20 of 95
RESOLUTION NO.
(The property, consisting of approximately 6.27 acres, is located in the vicinity of
the northeast corner of 120 Avenue SE and SE 184th Street.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community
and Economic Development dated March 9, 2010.
PASSED BY THE CITY COUNCIL this day of , 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2010.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1445:3/18/10:scr
7b. ‐ Community and Economic Development Department recommends
approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Page 21 of 95
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Support of The Boeing Company's pursuit of the
US Tanker Program.
Meeting:
Regular Council - 22 Mar 2010
Exhibits:
Resolution
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Suzanne Dale Estey
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City has been asked to take a position of support for The Boeing Company's pursuit of the US
Tanker Program.
STAFF RECOMMENDATION:
Adopt a resolution in support of The Boeing Company's pursuit of the US Tanker Program.
7c. ‐ Community and Economic Development Department recommends
adoption of a resolution supporting The Boeing Company's pursuit of the Page 22 of 95
--DRAFT-- City Council Resolution in Support of Boeing Tanker Program
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
SUPPORTING THE BOEING COMPANY’S PURSUIT OF THE US
TANKER PROGRAM.
WHEREAS, Renton has been proud to be the home of The Boeing Company for over 65
years. The first commercial jet, the Boeing 707, was made in Renton, and the best selling jets in
history have been assembled in Renton ever since. Renton is now home to three of the
company’s six business units: Boeing Commercial Airplanes, Boeing Capital, and Boeing’s
Shared Services Group; and
WHEREAS, The Boeing Company is in a competition to win the contract for the new
United States Tanker program; and
WHEREAS, The Boeing Company has built more than 2,000 aerial tankers and
understands the critical role refueling plays in our National Defense; and
WHEREAS, the 767 airplane has a strong success record and has logged nearly 8 million
flights, and carried more than 2 billion passengers; and has a schedule reliability rate of 99
percent; and
WHEREAS, The Boeing Company’s KC-767 Advanced Tanker will allow war fighters
to deploy more tankers, use bases closer to the where needed, put more booms in the sky, cover
more refueling orbits, offload more fuel while operating from twice as many runways; and
WHEREAS, Boeing’s KC-767 Advanced Tanker program will support more than 9,000
direct and indirect jobs in Washington State, and will generate more than $400 million annually;
and
WHEREAS, Boeing’s KC-767 Advanced Tanker program supports more that 44,000
American jobs and over 300 suppliers in more than 40 States; and
WHEREAS, Boeing is focused on delivering the best solution for its customers’
requirements with a strong commitment to innovation, and the lowest cost and risk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
7c. ‐ Community and Economic Development Department recommends
adoption of a resolution supporting The Boeing Company's pursuit of the Page 23 of 95
DOES RESOLVE AS FOLLOWS:
SECTION I.The above findings are true and correct in all respects.
SECTION II.That the Mayor and City Council extend their strongest support to
The Boeing Company as it competes to win this contract and believes it has the in-depth
experience and better product for America.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this _______ day of _______________________, 2010.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES:
7c. ‐ Community and Economic Development Department recommends
adoption of a resolution supporting The Boeing Company's pursuit of the Page 24 of 95
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Membership to Cascade Agenda Cities Program
Meeting:
Regular Council - 22 Mar 2010
Exhibits:
Issue Paper
Resolution
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Kris Sorensen x6593
Recommended Action:
Refer to Planning and Development Committee.
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $N/A
Amount Budgeted: $ Revenue Generated: $N/A
Total Project Budget: $ City Share Total Project: $ N/A
SUMMARY OF ACTION:
Approval of membership to the Cities Program will provide recognition to the City as a regional leader in
creating smart and livable neighborhoods and added assistance for making decisions about future
growth through access to technical assistance, workshops with other innovative cities, community
outreach and education, and influence with state level policy development. Becoming a member at the
Leadership Level requires the passage of a resolution to align growth policies with program principles,
make an annual payment to the program ($5,000), and a commitment that City staff will work with
Cascade Land Conservancy staff. The City of Renton has developed many similar growth policies
encouraged by the Cities Program, but recognizes that the added support of program membership will
improve future decision-making on growth issues for citizens, elected officials and staff.
STAFF RECOMMENDATION:
Adopt a resolution to become a member of the Cascade Agenda Cities Program at the Leadership City
level, authorize an annual financial commitment ($5,000) to the Cities Program as a member,
and commit that City staff will work with CLC staff.
7d. ‐ Community and Economic Development Department recommends
adoption of a resolution authorizing membership to the Cascade Agenda Page 25 of 95
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
MEMORANDUM
DATE:March 15, 2010
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Alex Pietsch, Administrator (x6592)
STAFF CONTACT:Kris Sorensen, Assistant Planner (x6593)
SUBJECT:Membership to Cascade Agenda Cities Program
ISSUE:
Should the City of Renton pass a resolution to become a member city of the Cascade
Land Conservancy’s (CLC) Cascade Agenda Cities Program at the Leadership City level?
RECOMMENDATION:
Staff recommends that Council adopt a resolution to become a member of the Cascade
Agenda Cities Program at the Leadership City level. Further, the resolution should
authorize the administration to make an annual financial commitment to the Cities
Program as a member and a commitment that City staff will work with CLC staff. The
City of Renton has developed many similar growth policies encouraged by the Cities
Program but recognizes that the added support of program membership will improve
future decision making on growth issues for citizens, elected officials, and staff.
BACKGROUND SUMMARY:
The Cascade Agenda Cities Program enlists the region’s cities to improve the livability of
neighborhoods – making them complete, compact, and connected – spectacular enough
for people to choose to live there, saving the region’s natural and working lands from
poorly planned development. Sixteen cities currently participate including Issaquah,
Kirkland, Shoreline, Tacoma, and Tukwila.
The program is directed at cities in the central Puget Sound region such as Renton. This
program is part of CLC’s broader Cascade Agenda, which is a 100-year collective vision
for the region with the goals of conserving 1.3 million acres of working farms, forests,
and natural areas and creating vibrant and livable communities, while sustaining a
strong regional economy. By becoming a member of the Cities Program, the City of
Renton will gain access to the following services:
·Recognition as a regional leader in creating smart communities,
·Technical assistance on growth options,
·Access to best practices through a region-wide learning network of peers,
·Workshops with other innovative cities and regional experts,
7d. ‐ Community and Economic Development Department recommends
adoption of a resolution authorizing membership to the Cascade Agenda Page 26 of 95
Don Persson, Council President
Page 2 of 2
March 15, 2010
Community outreach on how to create a better future for the region, and
·Membership in the Cascade Agenda Coalition which is directed at influencing
state level policy.
There are two membership levels the City can choose from. The Member City level
requires a city to pass a resolution to align policies with the principles of the Cities
Program and to designate a staff contact. In addition to the previous two requirements,
membership at the recommended Leadership City level will require Renton to:
·Create an interdepartmental team,
·Assist in evaluating City policies to advance compact growth,
·Review policy to identify opportunities and develop strategies for improvement,
·Implement improvement strategies,
·Participate in a learning network with cities across the Puget Sound region, and
·Agree to an annual membership fee – currently $5,000.
Please visit these websites for further information:
·http://cascadeagenda.com/cities
·http://cascadeagenda.com/ourstory
CONCLUSION:
The City of Renton should become a member city of the Cascade Agenda Cities Program
and pass a resolution to do so. In becoming a Leadership City, Renton will be part of a
growing group of regional jurisdictions that will receive added support in creating livable
communities.
cc: Jay Covington, Chief Administrative Officer
C.E. "Chip" Vincent, Planning Director
Gregg Zimmerman, Public Works Administrator
Suzanne Dale Estey, Economic Development Director
Iwen Wang, FIS Administrator
7d. ‐ Community and Economic Development Department recommends
adoption of a resolution authorizing membership to the Cascade Agenda Page 27 of 95
7d. ‐ Community and Economic Development Department recommends
adoption of a resolution authorizing membership to the Cascade Agenda Page 28 of 95
7d. ‐ Community and Economic Development Department recommends
adoption of a resolution authorizing membership to the Cascade Agenda Page 29 of 95
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL
PLAT (BENSON TRAILS A.K.A. SANDHU PLAT FINAL PLAT; FILE NO. LUA09-
111FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been
duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and
the approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools, school grounds, sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and Economic
Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 30 of 95
RESOLUTION NO.
(The property, consisting of approximately 6.27 acres, is located in the vicinity of
the northeast corner of 120 Avenue SE and SE 184th Street.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community
and Economic Development dated March 9, 2010.
PASSED BY THE CITY COUNCIL this day of , 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. _ 2010.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1445:3/18/10:scr
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 31 of 95
(t Ktt EXHIBIT "A
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 32 of 95
FOJM) r HAwnat eesmta
UAAKER AT CEMTOUNE (F
EASEMENT.
VWEO II-2J-20W.
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 33 of 95
VICINITY MAP
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 34 of 95
BENSON TRAILS LEGAL DESCRIPTION
LEGAL DESCRIPTION;
PARCEL "A":
. LOT 5, BLOCK 2, NORTHWESTERN GARDEN TRACTS, OMSJON NO, 6, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 46 OF PUTS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE WEST 300 FEET THEREOF: . •
„ AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTtON 33, TOWNSHIP? 23
NORTH, RANGE 5 EAST, W,M„ IN KING COUNTY, WASHINGTON, LYING BETWEEN THE EASTERLY AND WESTERLYUNES
, OF THE BONNEVILLE TRANSMISSION UNE RIGHT-OF-WAY, AS DESCRIBED IN-INSTRUMENT RECOROED-UNOERrKlNG
•^COUNTY RECORDING NO, 3178820, AND LYING BETWEEN THE NORTH UNE OF LOT 4 AND THE SOUTH UNE OPLOT
'•' 7, BLOCK 2, NORTHWESTERN GARDEN TRACTS DIVISION NO, 6, ACCORDING TO THE PUT THEREOF-RECORDED IN
VOLUME 46 OF PUTS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON, EXTENDED EASTERLY. •
PARCEL *B": •- . -f.';
LOT 7, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO THE PUT THEREOF1 RECORDED
' IN VOLUME 48 OF PUTS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON.
9a. ‐ Approving Benson Trails a.k.a. Sandhu Plat Final Plat (See 7.b.)
Page 35 of 95
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING THE
BOEING COMPANY'S PURSUIT OF THE UNITED STATES TANKER PROGRAM.
WHEREAS, Renton has been proud to be the home of The Boeing Company ("Boeing")
for over 65 years. The first commercial jet, the Boeing 707, was made in Renton, and the best
selling jets in history have been assembled in Renton ever since. Renton is now home to three
of the company's six business units: Boeing Commercial Airplanes, Boeing Capital, and Boeing's
Shared Services Group; and
WHEREAS, Boeing is in competition to win the contract for the new United States
Tanker program; and
WHEREAS, Boeing has built more than 2,000 aerial tankers and understands the critical
role refueling plays in our national defense; and
WHEREAS, the 767 airplane has a strong success record and has logged nearly eight
million flights, carried more than two billion passengers, and has a schedule reliability rate of 99
percent; and
WHEREAS, Boeing's NewGen Tanker will allow war fighters to deploy more tankers, use
bases closer to where needed, put more booms in the sky, cover more refueling orbits, and
offload more fuel while operating from twice as many runways; and
WHEREAS, Boeing's NewGen Tanker program will support thousands of jobs, and will
generate hundreds of millions of dollars of economic activity each year in Washington State;
and
9b. ‐ Supporting The Boeing Company's pursuit of the United States
Tanker Program (See 7.c.)Page 36 of 95
RESOLUTION NO.
WHEREAS, Boeing's NewGen Tanker program supports the employees of more than 300
suppliers in more than 40 states; and
WHEREAS, Boeing is focused on delivering the best solution for its customers'
requirements with a strong commitment to innovation, and the lowest cost and risk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. That the Mayor and City Council extend their strongest support to The
Boeing Company as it competes to win this contract and believes it has the in-depth experience
and better product for America.
PASSED BY THE CITY COUNCIL this day of _ > 201°-
APPROVED BY THE MAYOR this.
Bonnie I. Walton, City Clerk
. day of , 2010.
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
RES: 1446:3/17/10:scr
9b. ‐ Supporting The Boeing Company's pursuit of the United States
Tanker Program (See 7.c.)Page 37 of 95
CITY OF RENTON, WASHINGTON
LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2010
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
providing for the issuance and sale of limited tax general
obligation refunding bonds of the City in the aggregate
principal amount of not to exceed $6,800,000 to provide
funds for the purpose of refunding certain limited tax general
obligation bonds of the City; authorizing the appointment of
an escrow agent and execution of an escrow agreement; and
delegating certain authority to approve the final terms of the
bonds.
PASSED: April 5, 2010
PREPARED BY:
K&L Gates LLP
Seattle, Washington
9a. ‐ Refinancing of 2001 Limited Term General Obligation Bonds (See
8.a.)Page 38 of 95
ORDINANCE NO.
TABLE OF CONTENTS
Page
Section 1. Definitions 2
Section 2. Authorization of Bonds 7
Section 3. Description of Bonds 7
Section 4. Registration, Transfer and Payment of Bonds 8
Section 5. Redemption and Purchase of Bonds 13
Section 6. Form of the Bonds 17
Section 7. Execution of the Bonds 19
Section 8. Refunding Procedures 20
Section 9. Tax Covenants 23
Section 10. Bond Fund; Provision for Payment 25
Section 11. Defeasance 26
Section 12. Sale of the Bonds 27
Section 13. Bond Insurance 30
Section 14. Continuing Disclosure Undertaking 30
Section 15. Lost, Stolen or Destroyed Bonds 34
Section 16. Severability 34
Section 17. Effective Date of Ordinance 35
EXHIBIT A Form of Escrow Deposit Agreement
This Table of Contents is provided for convenience only and is not a part of this
ordinance.
P:\20358 DG\20358_0MY
9a. ‐ Refinancing of 2001 Limited Term General Obligation Bonds (See
8.a.)Page 39 of 95
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
providing for the issuance and sale of limited tax general
obligation refunding bonds of the City in the aggregate
principal amount of not to exceed $6,800,000 to provide
funds for the purpose of refunding certain limited tax general
obligation bonds of the City; authorizing the appointment of
an escrow agent and execution of an escrow agreement; and
delegating certain authority to approve the final terms of the
bonds.
WHEREAS, pursuant to Ordinance No. 4922 (the "2001 Bond Ordinance"), passed on
October 22, 2001, the City of Renton, Washington (the "City") issued its Limited Tax General
Obligation and Refunding Bonds, 2001, dated November 1, 2001 (the "2001 Bonds"), currently
outstanding in the aggregate principal amount of $18,700,000, and maturing in remaining
principal amounts and bearing interest as follows:
Maturity
(December 1)
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2021
Principal
Amount
$1,350,000
1,400,000
1,455,000
1,530,000
1,610,000
1,695,000
1,785,000
1,875,000
1,385,000
1,460,000
3,155,000
Interest
Rate
4.00%
4.00
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.00
; and
9a. ‐ Refinancing of 2001 Limited Term General Obligation Bonds (See
8.a.)Page 40 of 95
ORDINANCE NO.
WHEREAS, the 2001 Bonds maturing on and after December 1, 2012 are callable for
redemption on or after December 1, 2011, in whole at any time or in part on any interest
payment date, at a price of par plus accrued interest to the date of redemption; and
WHEREAS, as a result of changed market conditions, it appears that a debt service
savings may be obtained by refunding a portion of the callable 2001 Bonds through the
issuance of limited tax general obligation refunding bonds of the City in the aggregate principal
amount of not to exceed $6,800,000 (the "Bonds");
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following words shall have the
following meanings:
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of
the Refunded Bonds.
Beneficial Owner means any person that has or shares the power, directly or indirectly
to make investment decisions concerning ownership of any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries).
Bond Fund means the City of Renton Limited Tax General Obligation Bond Debt Service
Fund described in Section 10 of this ordinance.
Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the
Insurer insuring the payment when due of the principal of and interest on all or a portion of the
Bonds as provided therein.
-2- P:\20358_DG\20358_0MY 03/17/10
9a. ‐ Refinancing of 2001 Limited Term General Obligation Bonds (See
8.a.)Page 41 of 95
ORDINANCE NO.
Bond Purchase Agreement means the contract for the purchase of the Bonds between
the Underwriter and City, executed pursuant to Section 12 of this ordinance.
Bond Register means the registration books showing the name, address and tax
identification number of each Registered Owner of the Bonds, maintained pursuant to
Section 149(a) of the Code.
Bond Registrar means, initially, the fiscal agency of the State of Washington, for the
purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting
transfer of ownership of the Bonds and paying interest on and principal of the Bonds.
Bond Year means each one-year period that ends on the date selected by the City. The
first and last Bond Years may be short periods. If no day is selected by the City before the
earlier of the final maturity date of the Bonds or the date that is five years after the date of
issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final
maturity date of the Bonds.
Bonds mean the City of Renton, Washington, Limited Tax General Obligation Refunding
Bonds, 2010, if any, issued pursuant to this ordinance.
City means the City of Renton, Washington, a municipal corporation of the State of
Washington.
Code means the Internal Revenue Code of 1986, as amended, and shall include all
applicable regulations and rulings relating thereto.
Commission means the Securities and Exchange Commission.
Council means the City Council as the general legislative authority of the City, as the
same shall be duly and regularly constituted from time to time.
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Designated City Representative means the Mayor, the Chief Administrative Officer, or
the Finance Director of the City and any successor to the functions of such offices.
DTC means The Depository Trust Company, New York, New York, a limited purpose trust
company organized under the laws of the State of New York, as depository for the Bonds
pursuant to Section 4 hereof.
Escrow Agreement means the Escrow Deposit Agreement between the City and the
Escrow Agent to be dated as of the date of closing and delivery of the Bonds, substantially in
the form attached hereto as Exhibit A.
Escrow Agent means the financial institution selected by the Designated City
Representative as provided in Section 8 of this ordinance.
Finance Director shall mean the City's Finance and Information Services Administrator
or the successor to such officer.
Government Obligations mean those obligations now or hereafter defined as such in
chapter 39.53 RCW.
Insurer means the municipal bond insurance company, if any, selected and designated
by the Designated City Representative, pursuant to Section 13 of this ordinance, or any
successor thereto or assignee thereof, as issuer of a Bond Insurance Policy for all or a portion of
the Bonds.
Letter of Representations mean the blanket issuer letter of representations from the
City to DTC.
MSRB means the Municipal Securities Rulemaking Board or any successor to its
functions.
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Net Proceeds, when used with reference to the Bonds, means the principal amount of
the Bonds, plus accrued interest and original issue premium, if any, and less original issue
discount, if any.
Private Person means any natural person engaged in a trade or business or any trust,
estate, partnership, association, company or corporation.
Private Person Use means the use of property in a trade or business by a Private Person
if such use is other than as a member of the general public. Private Person Use includes
ownership of the property by the Private Person as well as other arrangements that transfer to
the Private Person the actual or beneficial use of the property (such as a lease, management or
incentive payment contract or other special arrangement) in such a manner as to set the
Private Person apart from the general public. Use of property as a member of the general
public includes attendance by the Private Person at municipal meetings or business rental of
property to the Private Person on a day-to-day basis if the rental paid by such Private Person is
the same as the rental paid by any Private Person who desires to rent the property. Use of
property by nonprofit community groups or community recreational groups is not treated as
Private Person Use if such use is incidental to the governmental uses of property, the property
is made available for such use by all such community groups on an equal basis and such
community groups are charged only a de minimis fee to cover custodial expenses.
RCW means the Revised Code of Washington.
Refunded Bonds mean all or a portion of the callable 2001 Bonds selected as Refunded
Bonds by the Designated City Representative pursuant to Section 8.
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Registered Owner means the person named as the registered owner of a Bond in the
Bond Register. For so long as the Bonds are held in book-entry only form, DTC shall be deemed
to be the sole Registered Owner.
Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
Savings Target means a dollar amount equal to at least four percent (4%) of the
outstanding principal of the Refunded Bonds.
2001 Bond Ordinance means Ordinance No. 4922 passed by the City Council on
October 22, 2001, authorizing the issuance of the 2001 Bonds.
2001 Bonds mean the outstanding "City of Renton, Limited Tax General Obligation and
Refunding Bonds, 2001" issued pursuant to the 2001 Bond Ordinance.
Underwriter means Seattle-Northwest Securities Corporation, Seattle, Washington.
Interpretation. In this ordinance, unless the context otherwise requires:
(a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the
term "heretofore" shall mean before, the date of this ordinance;
(b) Words of the masculine gender shall mean and include correlative words of the
feminine and neuter genders and words importing the singular number shall mean and include
the plural number and vice versa;
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(c) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public
bodies, as well as natural persons;
(d) Any headings preceding the text of the several articles and sections of this
ordinance, and any table of contents or marginal notes appended to copies hereof, shall be
solely for convenience of reference and shall not constitute a part of this ordinance, nor shall
they affect its meaning, construction or effect; and
(e) AH references herein to "articles," "sections" and other subdivisions or clauses
are to the corresponding articles, sections, subdivisions or clauses hereof.
Section 2. Authorization of Bonds. The Council hereby authorizes the issuance of
limited tax general obligation refunding bonds (the "Bonds") in an aggregate principal amount
of not to exceed $6,800,000 for the purpose of providing the funds necessary to refund the
Refunded Bonds and pay all or a portion of the costs incidental to the foregoing and to the
issuance of the Bonds.
Section 3. Description of Bonds. The Bonds shall be general obligations of the City;
shall be designated the "City of Renton, Washington, Limited Tax General Obligation Refunding
Bonds, 2010," with any additional series designation, if necessary; shall be dated as of their
initial date of delivery; shall be fully registered as to both principal and interest; shall be in the
denomination of $5,000 each, or any integral multiple thereof within a maturity, provided that
no Bond shall represent more than one maturity; shall be numbered separately in such manner
and with any additional designation as the Bond Registrar deems necessary for purposes of
identification; shall bear interest from their date, payable semiannually on the interest payment
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dates set forth in the Bond Purchase Agreement; and shall mature on December 1 in the years
and principal amounts set forth and approved in the Bond Purchase Agreement executed by
the Designated City Representative pursuant to Section 12 of this ordinance.
Section 4. Registration, Transfer and Payment of Bonds.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system
of registration approved by the Washington State Finance Committee from time to time
through the appointment of state fiscal agencies. The City shall cause a bond register to be
maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond
Registrar shall make all necessary provisions to permit the exchange or registration or transfer
of Bonds at its principal corporate trust office. The Bond Registrar may be removed at anytime
at the option of the Finance Director upon prior notice to the Bond Registrar and a successor
Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond
Registrar shall be effective until a successor shall have been appointed and until the successor
Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or
exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out
all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be
responsible for its representations contained in the Certificate of Authentication of the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its discretion,
may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all
purposes (except as provided in Section 14 of this ordinance), and neither the City nor the Bond
Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be
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made only as described in Section 4(h) hereof, but such Bond may be transferred as herein
provided. All such payments made as described in Section 4(h) shall be valid and shall satisfy
and discharge the liability of the City upon such Bond to the extent of the amount or amounts
so paid.
(c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in
fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as
eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of
Representations. Neither the City nor the Bond Registrar will have any responsibility or
obligation to DTC participants or the persons for whom they act as nominees (or any successor
depository) with respect to the Bonds in respect of the accuracy of any records maintained by
DTC (or any successor depository) or any DTC participant, the payment by DTC (or any
successor depository) or any DTC participant of any amount in respect of the principal of or
interest on Bonds, any notice which is permitted or required to be given to Registered Owners
under this ordinance (except such notices as shall be required to be given by the City to the
Bond Registrar or to DTC (or any successor depository)), or any consent given or other action
taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds
are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed
to be the Registered Owner for all purposes hereunder, and all references herein to the
Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not
mean the owners of any beneficial interest in such Bonds.
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If any Bond shall be duly presented for payment and funds have not been duly provided
by the City on such applicable date, then interest shall continue to accrue thereafter on the
unpaid principal thereof at the rate stated on such Bond until it is paid.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of "Cede & Co.", as
nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a
denomination corresponding to the total principal therein designated to mature on such date.
Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter
be transferred except (A) to any successor of DTC or its nominee, provided that any such
successor shall be qualified under any applicable laws to provide the service proposed to be
provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to
subsection (2) below or such substitute depository's successor; or (C) to any person as provided
in subsection (4) below.
(2) Upon the resignation of DTC or its successor (or any substitute depository
or its successor) from its functions as depository or a determination by the Finance Director to
discontinue the system of book entry transfers through DTC or its successor (or any substitute
depository or its successor), the Finance Director may hereafter appoint a substitute
depository. Any such substitute depository shall be qualified under any applicable laws to
provide the services proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1)
above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written
request on behalf of the Finance Director, issue a single new Bond for each maturity then
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outstanding, registered in the name of such successor or such substitute depository, or their
nominees, as the case may be, all as specified in such written request of the Finance Director.
(4) In the event that (A) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial
owners of the Bonds that such owners be able to obtain such bonds in the form of Bond
certificates, the ownership of such Bonds may then be transferred to any person or entity as
herein provided, and shall no longer be held in fully-immobilized form. The Finance Director
shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds,
to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond
Registrar of all then outstanding Bonds together with a written request on behalf of the Finance
Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and
registered in the names of such persons as are requested in such written request.
(e) Registration of Transfer of Ownership or Exchange; Change in Denominations.
The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of
any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment
form appearing on such Bond duly executed by the Registered Owner or such Registered
Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such
surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and
deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds
at the option of the new Registered Owner) of the same date, maturity and interest rate and
for the same aggregate principal amount in any authorized denomination, naming as Registered
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Owner the person or persons listed as the assignee on the assignment form appearing on the
surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be
surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate
principal amount of Bonds of the same date, maturity and interest rate, in any authorized
denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange
any Bond during the 15 days preceding any interest payment or principal payment date any
such Bond is to be redeemed.
(f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the
Registered Owner of any Bond with the same rights it would have if it were not the Bond
Registrar, and to the extent permitted by law, may act as depository for and permit any of its
officers or directors to act as member of, or in any other capacity with respect to, any
committee formed to protect the right of the Registered Owners of Bonds.
(g) Registration Covenant. The City covenants that, until all Bonds have been
surrendered and canceled, it will maintain a system for recording the ownership of each Bond
that complies with the provisions of Section 149 of the Code.
(h) Place and Medium of Payment. Both principal of and interest on the Bonds shall
be payable in lawful money of the United States of America. Interest on the Bonds shall be
calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all
Bonds are in fully immobilized form, payments of principal and interest thereon shall be made
as provided in accordance with the operational arrangements of DTC referred to in the Letter of
Representations. In the event that the Bonds are no longer in fully immobilized form, interest
on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses
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for such Registered Owners appearing on the Bond Register on the fifteenth day of the month
preceding the interest payment date, or upon the written request of a Registered Owner of
more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the
applicable payment date), such payment shall be made by the Bond Registrar by wire transfer
to the account within the continental United States designated by the Registered Owner.
Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the
Registered Owners at the principal office of the Bond Registrar.
Section 5. Redemption and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The
Bonds may be called for redemption prior to scheduled maturity under terms approved by the
Designated City Representative in the Bond Purchase Agreement pursuant to Section 12 of this
ordinance.
(b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds
offered to it at any time at a price deemed reasonable by the City. Bonds purchased by the City
shall be cancelled.
(c) Selection of Bonds for Redemption. Except to the extent that another method is
prescribed in the Bond Purchase Agreement, for as long as the Bonds are held in book-entry
only form, the selection of particular Bonds within a maturity to be redeemed shall be made in
accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer
held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and
reissuance thereof, as applicable, shall be made as provided in the following provisions of this
subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same
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maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall
be selected by lot (or in such manner determined by the Registrar) in increments of $5,000. In
the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall
treat each Bond as representing such number of separate Bonds each of the denomination of
$5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the
event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such
Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner,
without charge therefor, for the then unredeemed balance of the principal sum thereof, at the
option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the
denominations herein authorized.
(d) Notice of Redemption.
(1) Official Notice. For so long as the Bonds are held in uncertificated form,
notice of redemption (which notice may be conditional) shall be given in accordance with the
operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar
will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no
longer held in uncertificated form), notice of redemption shall be given in the manner
hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of
any such redemption (which redemption may be conditioned by the Bond Registrar on the
receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on
behalf of the City by mailing a copy of an official redemption notice by first class mail at least
20 days and not more than 60 days prior to the date fixed for redemption to the Registered
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Owner of the Bond or Bonds to be redeemed at the address shown on the Register or at such
other address as is furnished in writing by such Registered Owner to the Bond Registrar.
In the case of an optional redemption, the notice of redemption may state that the City
retains the right to rescind that notice on or prior to the scheduled redemption date, and that
notice and optional redemption shall be of no effect to the extent that the City gives notice to
the affected Registered Owners at any time on or prior to the scheduled redemption date that
the City is rescinding the redemption notice in whole or in part. Any Bonds subject to a
rescinded notice of redemption are to remain outstanding, and the rescission will not
constitute a default hereunder.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds are to be redeemed, the
identification by maturity (and, in the case of partial redemption, the respective principal
amounts) of the Bonds to be redeemed,
(D) that on the redemption date the redemption price will become
due and payable upon each such Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date, and
(E) the place where such Bonds are to be surrendered for payment of
the redemption price, which place of payment shall be the principal office of the Bond
Registrar.
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On or prior to any redemption date, the City shall deposit with the Bond Registrar an
amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds
which are to be redeemed on that date.
(2) Effect of Notice: Bonds Due. If an unconditional notice of redemption has
been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified, and from
and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon
surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be
paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to
the redemption date shall be payable as herein provided for payment of interest. All Bonds
which have been redeemed shall be canceled and destroyed by the Bond Registrar and shall not
be reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice shall
be given by the City as set out below, but no defect in said further notice nor any failure to give
all or any portion of such further notice shall in any manner defeat the effectiveness of a call for
redemption if notice thereof is given as above prescribed. Each further notice of redemption
given hereunder shall contain the information required above for an official notice of
redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of
the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed;
(D) the maturity date of each Bond being redeemed; and (E) any other descriptive information
needed to identify accurately the Bonds being redeemed. Each further notice of redemption
may be sent at least 35 days before the redemption date to each party entitled to receive
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notice pursuant to Section 14, the Insurer, if any, and to the Underwriter and with such
additional information as the City shall deem appropriate, but such mailings shall not be a
condition precedent to the redemption of such Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 5, including but not limited to the information to be included in redemption notices and
the persons designated to receive notices, may be amended by additions, deletions and
changes in order to maintain compliance with duly promulgated regulations and
recommendations regarding notices of redemption of municipal securities.
Section 6. Form of the Bonds. The Bonds shall be in substantially the following
form:
[DTC LANGUAGE]
[STATEMENT OF INSURANCE]
UNITED STATES OF AMERICA
NO. $
STATE OF WASHINGTON
CITY OF RENTON
LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2010
INTEREST RATE: % MATURITY DATE: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Renton, Washington (the "City"), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or registered assigns,
on the Maturity Date identified above, the Principal Amount indicated above and to pay
interest thereon from , 2010, or the most recent date to which interest has been
paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on , 20 , and semiannually thereafter on the first days of each succeeding
June and December. Both principal of and interest on this bond are payable in lawful money of
the United States of America. The fiscal agency of the State of Washington has been appointed
by the City as the authenticating agent, paying agent and registrar for the bonds of this issue
(the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form,
payments of principal and interest thereon shall be made as provided in accordance with the
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operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket
Issuer Letter of Representations (the "Letter of Representations") from the City to DTC.
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and Ordinance No.
duly passed by the City Council on April 5, 2010 (the "Bond Ordinance"). Capitalized terms used
in this bond have the meanings given such terms in the Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon
shall have been manually signed by or on behalf of the Bond Registrar or its duly designated
agent.
This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and
date of maturity, except as to number and amount in the aggregate principal amount of
$ and is issued pursuant to the Bond Ordinance to refund certain outstanding limited
tax general obligation bonds of the City and to pay costs of issuance.
The bonds of this issue are subject to redemption prior to their scheduled maturities as
provided in the Bond Ordinance and in the Bond Purchase Agreement.
The City hereby irrevocably covenants and agrees with the owner of this bond that it
will include in its annual budget and levy taxes annually, within and as a part of the tax levy
permitted to the City without a vote of the electorate, upon all the property subject to taxation
in amounts sufficient, together with other money legally available therefor, to pay the principal
of and interest on this bond as the same shall become due. The full faith, credit and resources
of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and
the prompt payment of such principal and interest.
The bonds of this issue have been designated as "qualified tax-exempt obligations" for
purposes of Section 265(b) of the Internal Revenue Code of 1986. The bonds of this issue are
not private activity bonds.
The pledge of tax levies for payment of principal of and interest on the bonds may be
discharged prior to maturity of the bonds by making provision for the payment thereof on the
terms and conditions set forth in the Bond Ordinance.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done and performed
precedent to and in the issuance of this bond have happened, been done and performed and
that the issuance of this bond and the bonds of this issue does not violate any constitutional,
statutory or other limitation upon the amount of bonded indebtedness that the City may incur.
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IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be
executed by the manual or facsimile signatures of the Mayor and City Clerk and the seal of the
City imprinted, impressed or otherwise reproduced hereon as of this day of ,
2010.
[SEAL] CITY OF RENTON, WASHINGTON
By /s/ manual or facsimile
Mayor
ATTEST:
Is/ manual or facsimile
City Clerk
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially
the following form:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Bond Ordinance and is
one of the Limited Tax General Obligation Refunding Bonds, 2010 of the City of Renton,
Washington, dated , 2010.
WASHINGTON STATE FISCAL AGENCY, as
Bond Registrar
By
Section 7. Execution of the Bonds. The Bonds shall be executed on behalf of the
City with the manual or facsimile signatures of the Mayor and Clerk of the City, and the seal of
the City shall be impressed, imprinted or otherwise reproduced thereon.
Only such Bonds as shall bear thereon a Certificate of Authentication in the form
hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for
any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication
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shall be conclusive evidence that the Bonds so authenticated have been duly executed,
authenticated and delivered hereunder and are entitled to the benefits of this ordinance.
In case either of the officers who shall have executed the Bonds shall cease to be an
officer or officers of the City before the Bonds so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be
authenticated, delivered and issued and upon such authentication, delivery and issuance, shall
be as binding upon the City as though those who signed the same had continued to be such
officers of the City. Any Bond may be signed and attested on behalf of the City by such persons
who at the date of the actual execution of such Bond, are the proper officers of the City,
although at the original date of such Bond any such person shall not have been such officer of
the City.
Section 8. Refunding Procedures.
(a) Designation of Refunded Bonds. All or some of the 2001 Bonds maturing on and
after December 1, 2012 as outlined in the recitals to this ordinance may be refunded and
refinanced with the proceeds of the Bonds authorized by this ordinance. Pursuant to the terms
described in Section 12, the Designated City Representative may select some or all of the
callable 2001 Bonds and designate those bonds as the "Refunded Bonds" at or prior to the time
of sale of the Bonds.
(b) Creation of Refunding Account. A special account is hereby authorized to be
created by the Finance Director, which account is to be drawn for the sole purpose of paying (or
purchasing Government Obligations, which obligations so purchased, are herein called
"Acquired Obligations") maturing in such amounts and at such times as to pay) the principal of
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and premium, if any, and interest on the Refunded Bonds. The special account shall be held as
a trust fund for the benefit of the owners of the Refunded Bonds, wholly segregated from all
other funds and securities on deposit with the Finance Director. The Finance Director shall not
allow the assets or amounts on deposit for the benefit of the Refunded Bonds to be
commingled with any other funds or securities of the City. The Finance Director shall cause the
assets and amounts on deposit in such special account to be held and disposed of only as set
forth in this section.
(c) Application of Bond Proceeds. A portion of the Net Proceeds of the Bonds
(exclusive of any amounts designated by the Designated City Representative to be used to pay
costs of issuance of the Bonds), together with other available funds of the City in the amount
specified by the Designated City Representative, if any, shall be applied at the direction of the
Designated City Representative to purchase the Acquired Obligations to be used to redeem the
Refunded Bonds on their redemption date.
(d) Defeasance of Refunded Bonds. The Net Proceeds of the Bonds so deposited
shall be utilized immediately upon receipt thereof to redeem Refunded Bonds or to purchase
the Government Obligations specified by the Designated City Representative and to maintain
such necessary beginning cash balance to defease the Refunded Bonds and to discharge the
other obligations of the City relating thereto under the 2001 Bond Ordinance, by providing for
the payment of the interest on the Refunded Bonds to the date fixed for redemption and the
redemption price on the redemption date for the Refunded Bonds. When the final transfers
have been made for the payment of such redemption price and interest on the Refunded
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Bonds, any balance then remaining shall be used for the purposes specified by the Designated
City Representative.
(e) Redemption of Refunded Bonds. The Council authorizes the Designated City
Representative to call the Refunded Bonds that are callable for redemption on the redemption
date specified by the Designated City Representative in accordance with the 2001 Bond
Ordinance.
Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable
after the deposit of the proceeds of the Bonds as described in Section 8(c).
The Designated City Representative is hereby authorized and directed to provide for the
giving of irrevocable notice of the redemption of the callable Refunded Bonds in accordance
with the terms of the 2001 Bond Ordinance. The Finance Director is authorized and directed to
provide whatever assistance is necessary to accomplish such redemption and the giving of
notice therefor.
(f) Escrow Agent and Escrow Agreement. The Designated City Representative is
hereby authorized and directed to solicit proposals from and select a financial institution to
serve as the Escrow Agent for the Refunded Bonds (the "Escrow Agent"). A beginning cash
balance, if any, and Acquired Obligations shall be deposited irrevocably with the Escrow Agent
in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining
in the Refunding Account after acquisition of the Acquired Obligations and provision for the
necessary beginning cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and expenses of the issuance of the Bonds. The
Designated City Representative is authorized to execute and deliver to the Escrow Agent an
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Escrow Agreement substantially in the form attached hereto as Exhibit A, with such changes or
modifications as the Designated City Representative, with the advice of bond counsel to the
City, consider necessary or advisable.
The City hereby irrevocably sets aside for and pledges to the payment of the Refunded
Bonds the moneys and obligations to be deposited with the Escrow Agent pursuant to the
Escrow Agreement to accomplish the plan of refunding and defeasance of the Refunded Bonds
set forth herein and in the Escrow Agreement. When all of the Refunded Bonds shall have been
redeemed and retired, the Designated City Representative may cause any remaining money to
be transferred to the Bond Fund for the purposes set forth below.
Section 9. Tax Covenants. The City covenants that it will not take or permit to be
taken on its behalf any action that would adversely affect the exemption from federal income
taxation of the interest on the Bonds and will take or require to be taken such acts as may
reasonably be within its ability and as may from time to time be required under applicable law
to continue the exemption from federal income taxation of the interest on the Bonds.
(a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City
covenants that it will not take any action or fail to take any action with respect to the proceeds
of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the
Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which,
if such use had been reasonably expected on the dates of delivery of the Bonds to the initial
purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the
meaning of such term as used in Section 148 of the Code.
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The City will comply with the requirements of Section 148 of the Code and the
applicable regulations thereunder throughout the term of the Bonds.
(b) Private Person Use Limitation for Bonds. The City covenants that for as long as
the Bonds are outstanding, it will not permit: (i) more than 10% of the Net Proceeds of the
Bonds to be allocated to any Private Person Use; and (ii) more than 10% of the principal or
interest payments on the Bonds in a Bond Year to be directly or indirectly secured by any
interest in property used or to be used for any Private Person Use or secured by payments in
respect of property used or to be used for any Private Person Use, or derived from payments
(whether or not made to the City) in respect of property, or borrowed money, used or to be
used for any Private Person Use.
The City further covenants that, if: (i) more than five percent of the Net Proceeds of the
Bonds are allocable to any Private Person Use; and (ii) more than five percent of the principal or
interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any
underlying arrangement) directly or indirectly secured by any interest in property used or to be
used for any Private Person Use or secured by payments in respect of property used or to be
used for any Private Person Use, or derived from payments (whether or not made to the City) in
respect of property, or borrowed money, used or to be used for any Private Person Use, then,
any Private Person Use of the projects refinanced by the proceeds of the Bonds or Private
Person Use payments that is in excess of the five percent limitations described above will be for
a Private Person Use that is related to the state or local governmental use of the projects
refinanced by the proceeds of the Bonds, and any Private Person Use will not exceed the
amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion
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of the project(s) to which the Private Person Use of such portion of the projects refinanced by
the proceeds of the Bonds relate. The City further covenants that it will comply with any
limitations on the use of the projects refinanced by the proceeds of the Bonds by other than
state and local governmental users that are necessary, in the opinion of its bond counsel, to
preserve the tax exemption of the interest on the Bonds.
(c) Modification of Tax Covenants. The covenants of this section are specified solely
to assure the continued exemption from regular income taxation of the interest on the Bonds.
To that end, the provisions of this section may be modified or eliminated without any
requirement for formal amendment thereof upon receipt of an opinion of the City's bond
counsel that such modification or elimination will not adversely affect the tax exemption of
interest on any Bonds.
(d) Designation under Section 265(b). The City hereby designates the Bonds as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. The
City does not anticipate issuing more than $30,000,000 of tax-exempt obligations during 2010
(excluding obligations permitted by the Code to be excluded for purposes of the City's
qualification as a qualified small issuer).
Section 10. Bond Fund; Provision for Payment. The City is hereby authorized to
establish or maintain a fund to be used for the payment of debt service the Bonds, designated
as the "City of Renton Limited Tax General Obligation Bond Debt Service Fund" (the "Bond
Fund"). No later than the date each payment of principal of and/or interest on the Bonds
matures or becomes due and payable, the City shall transmit sufficient funds, from the Bond
Fund or from other legally available sources to the Bond Registrar for the payment of such
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principal and/or interest. Money in the Bond Fund not needed to pay the interest or principal
next coming due may temporarily be deposited in legal investments for City funds.
The City hereby irrevocably covenants and agrees for as long as any of the Bonds are
outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the Bonds as the same shall become due.
The City hereby irrevocably pledges that the annual tax provided for herein to be levied
for the payment of such principal and interest shall be within and as a part of the tax levy
permitted to cities without a vote of the people, and that a sufficient portion of each annual
levy to be levied and collected by the City prior to the full payment of the principal of and
interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for
the payment of the principal of and interest on the Bonds. The full faith, credit and resources of
the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for
the prompt payment of the principal of and interest on the Bonds as the same shall become
due.
Section 11. Defeasance. In the event that the City, in order to effect the payment,
retirement or redemption of any Bond, sets aside in the Bond Fund or in another special
account, cash or noncallable Government Obligations, or any combination of cash and/or
noncallable Government Obligations, in amounts and maturities which, together with the
known earned income therefrom, are sufficient to redeem or pay and retire such Bond in
accordance with its terms and to pay when due the interest and redemption premium, if any,
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thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside
and pledged for such purpose, then no further payments need be made into the Bond Fund for
the payment of the principal of and interest on such Bond. The owner of a Bond so provided
for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to
receive payment of principal, premium, if any, and interest from the Bond Fund or such special
account, and such Bond shall be deemed to be not outstanding under this ordinance.
The City shall give written notice of defeasance to the owners of all Bonds so provided
for within 30 days of the defeasance and to each party entitled to receive notice in accordance
with Section 14 of this ordinance.
Section 12. Sale of the Bonds. The Bonds shall be sold by negotiated sale to the
Underwriter pursuant to the terms of the Bond Purchase Agreement. The Designated City
Representative is hereby authorized to negotiate terms for the purchase of the Bonds and
execute the Bond Purchase Agreement, with such terms as are approved the Designated City
Representative pursuant to this section and consistent with this ordinance. The Underwriter
has advised the Council that market conditions are fluctuating and, as a result, the most
favorable market conditions may occur on a day other than a regular meeting date of the
Council. The Council has determined that it would be in the best interest of the City to delegate
to the Designated City Representative for a limited time the authority to determine whether to
proceed with the refunding of the Refunded Bonds, to designate which of the callable 2001
Bonds shall be the Refunded Bonds, and to approve the final interest rates, maturity dates,
aggregate principal amount, redemption rights and principal amounts of each maturity of the
Bonds. The Designated City Representative is hereby authorized to determine whether to
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proceed with the refunding of the Refunded Bonds if and to the extent that the aggregate
savings to be realized as a result of the refunding of the Refunded Bonds (i.e., the present value
of (i) the aggregate debt service on the Refunded Bonds minus (ii) the aggregate debt service
on the Refunding Bonds, after payment of all costs of issuance of the Bonds), exceed the
Savings Target. The Designated City Representative is further authorized to approve the final
interest rates, maturity dates, aggregate principal amount, and principal amounts of each
maturity of the Bonds in the manner provided hereafter so long as (i) the aggregate principal
amount of all Bonds does not exceed $6,800,000; and (ii) the true interest cost for the Bonds
does not exceed 4%.
In determining whether or not to proceed with bond insurance and determining the
final interest rates, aggregate principal amounts, principal maturities and redemption rights,
the Designated City Representative shall take into account those factors that, in such
individual's judgment, will result in the lowest true interest cost on the Bonds to their maturity,
including, but not limited to current financial market conditions and current interest rates for
obligations comparable in tenor and quality to the Bonds.
Subject to the terms and conditions set forth in this section, the Designated City
Representative is hereby authorized to execute the final form of the Bond Purchase Agreement,
upon the Designated City Representative's designation of the Refunded Bonds and approval of
the final interest rates, aggregate principal amount, principal maturities and redemption rights
set forth therein. Following the execution of the Bond Purchase Agreement, the Designated
City Representative shall provide a report to the Council, describing the final terms of the Bonds
approved pursuant to the authority delegated in this section. The authority granted to the
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Designated City Representative by this section shall expire 120 days after the date of approval
of this ordinance. If a Bond Purchase Agreement for the Bonds has not been executed within
120 days after the date of final approval of this ordinance, the authorization for the issuance of
the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless
such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-
authorizing the issuance and sale of such Bonds may be in the form of a new ordinance
repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance
approving a bond purchase agreement or establishing terms and conditions for the authority
delegated under this ordinance.
Upon the passage and approval of this ordinance, the proper officials of the City
including the Designated City Representative, are authorized and directed to undertake all
actions necessary for the prompt execution and delivery of the Bonds to the Underwriter
thereof and further to execute all closing certificates and documents required to effect the
closing and delivery of the Bonds in accordance with the terms of the Bond Purchase
Agreement.
The Finance Director is authorized to ratify and to approve for purposes of the Rule, on
behalf of the City, the preliminary Official Statement and Official Statement (as defined in the
Bond Purchase Agreement) relating to the issuance and sale of the Bonds and the distribution
of the preliminary Official Statement and Official Statement pursuant thereto with such
changes, if any, as may be deemed by him to be appropriate. The preliminary Official
Statement for the Bonds is hereby deemed final for the purposes of the Rule.
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Section 13. Bond Insurance. The Finance Director is hereby further authorized to
solicit proposals from municipal bond insurance companies for the issuance of a Bond
Insurance Policy. In the event that the Finance Director receives multiple proposals in response
to a solicitation, the Finance Director may select the proposal having the lowest cost and
resulting in an overall lower interest cost with respect to the Bonds to be insured. The Finance
Director may execute a commitment received from the Insurer selected by the Finance
Director. The Council further authorizes all proper officers, agents, attorneys and employees of
the City to cooperate with the Insurer in preparing such additional agreements, certificates, and
other documentation on behalf of the City as shall be necessary or advisable in providing for
the Bond Insurance Policy.
Section 14. Continuing Disclosure Undertaking.
(a) Contract/Undertaking. This section constitutes the City's written undertaking for
the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule.
(b) Financial Statements/Operating Data. The City agrees to provide or cause to be
provided to the Municipal Securities Rulemaking Board ("MSRB"), the following annual financial
information and operating data for the prior fiscal year (commencing in 2011 for the fiscal year
ended December 31, 2010):
1. Annual financial statements, which statements may or may not be
audited, showing ending fund balances for the City's general fund prepared in accordance with
the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute);
2. The assessed valuation of taxable property in the City;
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3. Ad valorem taxes due and percentage of taxes collected;
4. Property tax levy rate per $1,000 of assessed valuation; and
5. Outstanding general obligation debt of the City.
Items 2-5 shall be required only to the extent that such information is not included in
the annual financial statements.
The information and data described above shall be provided on or before nine months
after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City
may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB.
In lieu of providing such annual financial information and operating data, the City may
cross-reference to other documents available to the public on the MSRB's internet website.
If not provided as part of the annual financial information discussed above, the City shall
provide the City's audited annual financial statement prepared in accordance with the
Budgeting Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) when and if available to the MSRB.
(c) Material Events. The City agrees to provide or cause to be provided, in a timely
manner to the MSRB notice of the occurrence of any of the following events with respect to the
Bonds, if material:
• Principal and interest payment delinquencies;
• Non-payment related defaults;
• Unscheduled draws on debt service reserves reflecting financial difficulties;
• Unscheduled draws on credit enhancements reflecting financial difficulties;
• Substitution of credit or liquidity providers, or their failure to perform;
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• Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
• Modifications to the rights of Bond owners;
• Bond calls (optional, contingent or unscheduled Bond calls other than scheduled
sinking fund redemptions for which notice is given pursuant to Exchange Act
Release 34-23856);
• Defeasances;
• Release, substitution or sale of property securing repayment of the Bonds; and
• Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises that no debt service reserves or property secures payment of the Bonds.
(d) Notification Upon Failure to Provide Financial Data. The City agrees to provide or
cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the
annual financial information described in subsection (b) above on or prior to the date set forth
in subsection (b) above.
(e) Emma; Format for Filings with the MSRB. Until otherwise designated by the
MSRB or the Commission, any information or notices submitted to the MSRB in compliance
with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access
system ("EMMA"), currently located at www.emma.msrb.org. All notices, financial information
and operating data required by this undertaking to be provided to the MSRB must be in an
electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to
this undertaking must be accompanied by identifying information as prescribed by the MSRB.
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(f) Termination/Modification. The City's obligations to provide annual financial
information and notices of material events shall terminate upon the legal defeasance, prior
redemption or payment in full of all of the Bonds. Any provision of this section shall be null and
void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that
the portion of the Rule that requires that provision is invalid, has been repealed retroactively or
otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the
cancellation of this section.
The City may amend this section with an opinion of nationally recognized bond counsel
in accordance with the Rule. In the event of any amendment of this section, the City shall
describe such amendment in the next annual report, and shall include a narrative explanation
of the reason for the amendment and its impact on the type (or in the case of a change of
accounting principles, on the presentation) of financial information or operating data being
presented by the City. In addition, if the amendment relates to the accounting principles to be
followed in preparing financial statements, (i) notice of such change shall be given in the same
manner as for a material event under subsection (c) and (ii)the annual report for the year in
which the change is made shall present a comparison (in narrative form and also, if feasible, in
quantitative form) between the financial statements as prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles.
(g) Bond Owner's Remedies Under This Section. The right of any bondowner or
beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to
obtain specific enforcement of the City's obligations under this section, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with
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respect to the Bonds. For purposes of this section, "beneficial owner" means any person who
has the power, directly or indirectly, to vote or consent with respect to, or to dispose of
ownership of, any Bonds, including persons holding Bonds through nominees or depositories.
Section 15. Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost,
stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like
date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying
the expenses and charges of the City and the Bond Registrar in connection therewith and upon
his/her filing with the City evidence satisfactory to the City that such Bond was actually lost,
stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the
Bond Registrar with indemnity satisfactory to the City and the Bond Registrar.
Section 16. Severability. If any one or more of the covenants or agreements
provided in this ordinance to be performed on the part of the City shall be declared by any
court of competent jurisdiction to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements of this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bonds.
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Section 17. Effective Date of Ordinance. This ordinance shall be effective upon its
passage, approval, and five (5) days after publication.
PASSED BY THE CITY COUNCIL this 5th day of April, 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 5th day of April, 2010.
Approved as to form:
Deanna Gregory
K&L Gates LLP
Bond Counsel
Date of Publication:
Denis Law, Mayor
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EXHIBIT A
ESCROW DEPOSIT AGREEMENT
CITY OF RENTON, WASHINGTON
LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2010
THIS ESCROW AGREEMENT, dated as of , 2010 (herein, together with any
amendments or supplements hereto, called the "Agreement") is entered into by and between
the City of Renton, Washington (herein called the "City") and ,
, as escrow agent (herein, together with any successor in such capacity, called
the "Escrow Agent"). The notice addresses of the City and the Escrow Agent are shown on
Exhibit A attached hereto and made a part hereof.
WITNESSETH:
WHEREAS, the City heretofore has issued and there presently remain outstanding the
obligations described in Exhibit B attached hereto (the "Refunded Bonds"); and
WHEREAS, pursuant to Ordinance No. passed on April 5, 2010 (the "Bond
Ordinance"), the City has determined to issue its Limited Tax General Obligation Refunding
Bonds, 2010 (the "Bonds"); and
WHEREAS, a portion of the proceeds of the Bonds are being used for the purpose of
providing funds to pay the costs of refunding the Refunded Bonds; and
WHEREAS, , certified public accountants, has prepared a
verification report which is dated , 2010 (the "Verification Report") relating to
the source and use of funds available to accomplish the refunding of the Refunded Bonds, the
investment of such funds and the adequacy of such funds and investments to provide for the
payment of the debt service due on the Refunded Bonds; and
WHEREAS, pursuant to the Bond Ordinance, the Refunded Bonds have been designated
for redemption prior to their scheduled maturity dates and, after provision is made for such
redemption, the Refunded Bonds will come due in such years, bear interest at such rates, and
be payable at such times and in such amounts as are set forth in Exhibit C attached hereto and
made a part hereof; and
WHEREAS, when Escrowed Securities have been deposited with the Escrow Agent for
the payment of all principal and interest of the Refunded Bonds when due, then the Refunded
Bonds shall no longer be regarded as outstanding except for the purpose of receiving payment
from the funds provided for such purpose; and
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WHEREAS, the issuance, sale, and delivery of the Refunding Bonds have been duly
authorized to be issued, sold, and delivered for the purpose of obtaining the funds required to
provide for the payment of the principal of, interest on and redemption premium (if any) on the
Refunded Bonds when due as shown on Exhibit C attached hereto;
NOW, THEREFORE, in consideration of the mutual undertakings, promises and
agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure
the full and timely payment of principal of and the interest on the Refunded Bonds, the City and
the Escrow Agent mutually undertake, promise and agree for themselves and their respective
representatives and successors, as follows:
Article 1. Definitions
Section 1.1. Definitions.
Unless the context clearly indicates otherwise, the following terms shall have the
meanings assigned to them below when they are used in this Agreement:
Escrow Fund means the fund created by this Agreement to be established, held and
administered by the Escrow Agent pursuant to the provisions of this Agreement.
Escrowed Securities means the noncallable Government Obligations described in
Exhibit D attached to this Agreement, or cash or other noncallable obligations substituted
therefor pursuant to Section 4.2 of this Agreement.
Government Obligations means direct, noncallable (a) United States Treasury
Obligations, (b) United States Treasury Obligations - State and Local Government Series,
(c) non-prepayable obligations which are unconditionally guaranteed as to full and timely
payment of principal and interest by the United States of America or (d) REFCORP debt
obligations unconditionally guaranteed by the United States.
Paying Agent means the fiscal agency of the State of Washington, as the paying agent
forthe Refunded Bonds.
Refunding Bonds means that portion of the Bonds authorized under the Bond
Ordinance for the purpose of refunding the Refunded Bonds.
Section 1.2. Other Definitions.
The terms "Agreement," "City," "Escrow Agent," "Bond Ordinance," "Verification
Report," "Refunded Bonds," and "Bonds" when they are used in this Agreement, shall have the
meanings assigned to them in the preamble to this Agreement.
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Section 1.3. Interpretations.
The titles and headings of the articles and sections of this Agreement have been
inserted for convenience and reference only and are not to be considered a part hereof and
shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms
and provisions hereof shall be liberally construed to effectuate the purposes set forth herein
and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in
accordance with applicable law.
Article 2. Deposit of Funds and Escrowed Securities
Section 2.1. Deposits in the Escrow Fund.
Concurrently with the sale and delivery of the Refunding Bonds the City shall deposit, or
cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds (from
the proceeds of the Refunding Bonds and a cash contribution by the City) sufficient to purchase
the Escrowed Securities and pay costs of issuance described in Exhibit D, and the Escrow Agent
shall, upon the receipt thereof, acknowledge such receipt to the City in writing.
Article 3. Creation and Operation of Escrow Fund
Section 3.1. Escrow Fund.
The Escrow Agent has created on its books a special trust fund and irrevocable escrow
to be known as the Refunding Account (the "Escrow Fund"). The Escrow Agent hereby agrees
that upon receipt thereof it will deposit to the credit of the Escrow Fund the funds and the
Escrowed Securities described in Exhibit D attached hereto. Such deposit, all proceeds
therefrom, and all cash balances from time to time on deposit therein (a) shall be the property
of the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions
of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of
and interest on the Refunded Bonds, which payment shall be made by timely transfers of such
amounts at such times as are provided for in Section 3.2 hereof. When the final transfers have
been made for the payment of such principal of and interest on the Refunded Bonds, any
balance then remaining in the Escrow Fund shall be transferred to the City, and the Escrow
Agent shall thereupon be discharged from any further duties hereunder.
Section 3.2. Payment of Principal and Interest.
The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agent from
the cash balances from time to time on deposit in the Escrow Fund, the amounts required to
pay the principal of the Refunded Bonds at their respective redemption dates and interest
thereon to such redemption dates in the amounts and at the times shown in Exhibit C attached
hereto.
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Section 3.3. Sufficiency of Escrow Fund.
The City represents that, based upon the information provided in the Verification
Report, the successive receipts of the principal of and interest on the Escrowed Securities will
assure that the cash balance on deposit from time to time in the Escrow Fund will be at all
times sufficient to provide moneys for transfer to the Paying Agent at the times and in the
amounts required to pay the interest on the Refunded Bonds as such interest comes due and
the principal of the Refunded Bonds as the Refunded Bonds are paid on an optional redemption
date prior to maturity, all as more fully set forth in Exhibit E attached hereto. If, for any reason,
at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund
shall be insufficient to transfer the amounts required by the Paying Agent to make the
payments set forth in Section 3.2. hereof, the City shall timely deposit in the Escrow Fund, from
any funds that are lawfully available therefor, additional funds in the amounts required to make
such payments. Notice of any such insufficiency shall be given promptly as hereinafter
provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of
funds in the Escrow Fund or the City's failure to make additional deposits thereto.
Section 3.4. Trust Fund.
The Escrow Agent or its affiliate, shall hold at all times the Escrow Fund, the Escrowed
Securities and all other assets of the Escrow Fund, wholly segregated from all other funds and
securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any
other assets of the Escrow Fund to be commingled with any other funds or securities of the
Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth
herein. The Escrowed Securities and other assets of the Escrow Fund shall always be
maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded
Bonds; and a special account thereof shall at all times be maintained on the books of the
Escrow Agent. The owners of the Refunded Bonds shall be entitled to the same preferred claim
and first lien upon the Escrowed Securities, the proceeds thereof, and all other assets of the
Escrow Fund to which they are entitled as owners of the Refunded Bonds. The amounts
received by the Escrow Agent under this Agreement shall not be considered as a banking
deposit by the City, and the Escrow Agent shall have no right to title with respect thereto
except as a trustee and Escrow Agent under the terms of this Agreement. The amounts
received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or
checks drawn by the City or, except to the extent expressly herein provided, by the Paying
Agent.
Article 4. Limitation on Investments
Section 4.1. Investments.
Except for the initial investment in the Escrowed Securities, and except as provided in
Section 4.2 hereof, the Escrow Agent shall not have any power or duty to invest or reinvest any
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money held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer,
or otherwise dispose of the Escrowed Securities.
Section 4.2. Substitution of Securities.
At the written request of the City, and upon compliance with the conditions hereinafter
stated, the Escrow Agent shall utilize cash balances in the Escrow Fund, or sell, transfer,
otherwise dispose of or request the redemption of the Escrowed Securities and apply the
proceeds therefrom to purchase Refunded Bonds or Government Obligations which do not
permit the redemption thereof at the option of the obligor. Any such transaction may be
effected by the Escrow Agent only if (a) the Escrow Agent shall have received a written opinion
from a firm of certified public accountants that such transaction will not cause the amount of
money and securities in the Escrow Fund to be reduced below an amount sufficient to provide
for the full and timely payment of principal of and interest on all of the remaining Refunded
Bonds as they become due, taking into account any optional redemption thereof exercised by
the City in connection with such transaction; and (b) the Escrow Agent shall have received the
unqualified written legal opinion of its bond counsel or tax counsel to the effect that such
transaction will not cause any of the Refunding Bonds or Refunded Bonds to be an "arbitrage
bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended.
Article 5. Application of Cash Balances
Section 5.1. In General.
Except as provided in Section 2.1, 3.2 and 4.2 hereof, no withdrawals, transfers or
reinvestment shall be made of cash balances in the Escrow Fund. Cash balances shall be held
by the Escrow Agent in United States currency as cash balances as shown on the books and
records of the Escrow Agent and, except as provided herein, shall not be reinvested by the
Escrow Agent; provided, however, a conversion to currency shall not be required (i) for so long
as the Escrow Agent's internal rate of return does not exceed 20%, or (ii) if the Escrow Agent's
internal rate of return exceeds 20%, the Escrow Agent receives a letter of instructions,
accompanied by the opinion of nationally recognized bond counsel, approving the assumed
reinvestment of such proceeds at such higher yield.
Article 6. Redemption of Refunded Bonds
Section 6.1. Call for Redemption.
The City hereby irrevocably calls the Refunded Bonds for redemption on their earliest
redemption dates, as shown in the Verification Report and on Appendix A attached hereto.
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Section 6.2. Notice of Redemption/Notice of Defeasance.
The Escrow Agent agrees to give a notice of defeasance and a notice of the redemption
of the Refunded Bonds pursuant to the terms of the Refunded Bonds and in substantially the
forms attached hereto as Appendices A and B attached hereto and as described on said
Appendices A and B to the Paying Agent for distribution as described therein. The notice of
defeasance shall be given immediately following the execution of this Agreement, and the
notice of redemption shall be given in accordance with the ordinance authorizing the Refunded
Bonds. The Escrow Agent hereby certifies that provision satisfactory and acceptable to the
Escrow Agent has been made for the giving of notice of redemption of the Refunded Bonds.
Article 7. Records and Reports
Section 7.1. Records.
The Escrow Agent will keep books of record and account in which complete and
accurate entries shall be made of all transactions relating to the receipts, disbursements,
allocations and application of the money and Escrowed Securities deposited to the Escrow Fund
and all proceeds thereof, and such books shall be available for inspection during business hours
and after reasonable notice.
Section 7.2. Reports.
While this Agreement remains in effect, the Escrow Agent quarterly shall prepare and
send to the City a written report summarizing all transactions relating to the Escrow Fund
during the preceding financial quarter, including, without limitation, credits to the Escrow Fund
as a result of interest payments on or maturities of the Escrowed Securities and transfers from
the Escrow Fund for payments on the Refunded Bonds or otherwise, together with a detailed
statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of
the end of such period.
Article 8. Concerning the Paying Agents and Escrow Agent
Section 8.1. Representations.
The Escrow Agent hereby represents that it has all necessary power and authority to
enter into this Agreement and undertake the obligations and responsibilities imposed upon it
herein, and that it will carry out all of its obligations hereunder.
Section 8.2. Limitation on Liability.
The liability of the Escrow Agent to transfer funds for the payment of the principal of
and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities
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and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any
provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever
for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors
of the Escrowed Securities to make timely payment thereon, except for the obligation to notify
the City promptly of any such occurrence.
The recitals herein and in the proceedings authorizing the Refunding Bonds shall be
taken as the statements of the City and shall not be considered as made by, or imposing any
obligation or liability upon, the Escrow Agent.
The Escrow Agent is not a party to the proceedings authorizing the Refunding Bonds or
the Refunded Bonds and is not responsible for nor bound by any of the provisions thereof
(except to the extent that the Escrow Agent may be a place of payment and paying agent
and/or a paying agent/registrar therefor). In its capacity as Escrow Agent, it is agreed that the
Escrow Agent need look only to the terms and provisions of this Agreement.
The Escrow Agent makes no representations as to the value, conditions or sufficiency of
the Escrow Fund, or any part thereof, or as to the title of the City thereto, or as to the security
afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility
in respect to any of such matters.
It is the intention of the parties hereto that the Escrow Agent shall never be required to
use or advance its own funds or otherwise incur personal financial liability in the performance
of any of its duties or the exercise of any of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action taken or neglected to be taken by it
in good faith in any exercise of reasonable care and believed by it to be within the discretion or
power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the
consequences of any error of judgment; and the Escrow Agent shall not be answerable except
for its own neglect or willful misconduct, nor for any loss unless the same shall have been
through its negligence or bad faith.
Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to
determine or inquire into the happening or occurrence of any event or contingency or the
performance or failure of performance of the City with respect to arrangements or contracts
with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund,
to dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow
Agent is called upon by the terms of this Agreement to determine the occurrence of any event
or contingency, the Escrow Agent shall be obligated, in making such determination, only to
exercise reasonable care and diligence, and in event of error in making such determination the
Escrow Agent shall be liable only for its own willful misconduct or its negligence. In
determining the occurrence of any such event or contingency the Escrow Agent may request
from the City or any other person such reasonable additional evidence as the Escrow Agent in
its discretion may deem necessary to determine any fact relating to the occurrence of such
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event or contingency, and in this connection may make inquiries of, and consult with, among
others, the City at anytime.
Section 8.3. Compensation.
The City shall pay to the Escrow Agent fees for performing the services hereunder and
for the expenses incurred or to be incurred by the Escrow Agent in the administration of this
Agreement pursuant to the terms of the Fee Schedule attached hereto as Appendix C. The
Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the
Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or
in any other capacity, or for reimbursement for any of its expenses as Escrow Agent or in any
other capacity.
Section 8.4. Successor Escrow Agents.
Any corporation, association or other entity into which the Escrow Agent may be
converted or merged, or with which it may be consolidated, or to which it may sell or otherwise
transfer all or substantially all of its corporate trust assets and business or any corporation,
association or other entity resulting from any such conversion, sale, merger, consolidation or
other transfer to which it is a party, ipso facto, shall be and become successor escrow agent
hereunder, vested with all other matters as was its predecessor, without the execution or filing
of any instrument or any further act on the part of the parties hereto, notwithstanding anything
herein to the contrary.
If at any time the Escrow Agent or its legal successor or successors should become
unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its
property and affairs shall be taken under the control of any state or federal court or
administrative body because of insolvency or bankruptcy or for any other reason, a vacancy
shall forthwith exist in the office of Escrow Agent hereunder. In such event the City, by
appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor
Escrow Agent shall have been appointed by the City within 60 days, a successor may be
appointed by the owners of a majority in principal amount of the Refunded Bonds then
outstanding by an instrument or instruments in writing filed with the City, signed by such
owners or by their duly authorized attorneys-in-fact. If, in a proper case, no appointment of a
successor Escrow Agent shall be made pursuant to the foregoing provisions of this section
within three months after a vacancy shall have occurred, the owner of any Refunded Bond may
apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court
may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a
successor Escrow Agent.
Any successor Escrow Agent shall be a corporation organized and doing business under
the laws of the United States or the State of Washington, authorized under such laws to
exercise corporate trust powers, having its principal office and place of business in the State of
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Washington, having a combined capital and surplus of at least $100,000,000 and subject to the
supervision or examination by federal or state authority.
Any successor Escrow Agent shall execute, acknowledge and deliver to the City and the
Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent
shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to
the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder.
Upon the request of any such successor Escrow Agent, the City shall execute any and all
instruments in writing for more fully and certainly vesting in and confirming to such successor
Escrow Agent all such rights, powers and duties.
The obligations assumed by the Escrow Agent pursuant to this Agreement may be
transferred by the Escrow Agent to a successor Escrow Agent if (a) the requirements of this
Section 8.4 are satisfied; (b) the successor Escrow Agent has assumed all the obligations of the
Escrow Agent under this Agreement; and (c) all of the Escrowed Securities and money held by
the Escrow Agent pursuant to this Agreement have been duly transferred to such successor
Escrow Agent.
Article 9. Miscellaneous
Section 9.1. Notice.
Any notice, authorization, request, or demand required or permitted to be given
hereunder shall be in writing and shall be deemed to have been duly given when mailed by
registered or certified mail, postage prepaid addressed to the City or the Escrow Agent at the
address shown on Exhibit A attached hereto. The United States Post Office registered or
certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date
and fact of delivery. Any party hereto may change the address to which notices are to be
delivered by giving to the other parties not less than ten days prior notice thereof.
Section 9.2. Termination of Responsibilities.
Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow
Agent shall have no further obligations or responsibilities hereunder to the City, the owners of
the Refunded Bonds or to any other person or persons in connection with this Agreement.
Section 9.3. Binding Agreement.
This Agreement shall be binding upon the City and the Escrow Agent and their
respective successors and legal representatives, and shall inure solely to the benefit of the
owners of the Refunded Bonds, the City, the Escrow Agent and their respective successors and
legal representatives.
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Section 9.4. Severability.
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, but this Agreement
shall be construed as if such invalid or illegal or unenforceable provision had never been
contained herein.
Section 9.5. Washington Law Governs.
This Agreement shall be governed exclusively by the provisions hereof and by the
applicable laws of the State of Washington.
Section 9.6. Time of the Essence.
Time shall be of the essence in the performance of obligations from time to time
imposed upon the Escrow Agent by this Agreement.
Section 9.7. Notice to S&P and Fitch.
In the event that this Agreement or any provision thereof is severed, amended or
revoked, the City shall provide written notice of such severance, amendment or revocation to
Standard & Poor's Ratings Services, 55 Water Street, New York, New York 10041, Attention:
Refunded Bonds Municipal Bond Department, and to Fitch Ratings, One State Street Plaza,
New York, New York, 10004, Attention: Public Finance Rating Desk/Refunded Bonds.
Section 9.8. Amendments.
This Agreement shall not be amended except to cure any ambiguity or formal defect or
omission in this Agreement. No amendment shall be effective unless the same shall be in
writing and signed by the parties thereto. No such amendment shall adversely affect the rights
of the holders of the Refunded Bonds. No such amendment shall be made without first
receiving written confirmation from the rating agencies (if any) which have rated the Refunded
Bonds that such administrative changes will not result in a withdrawal or reduction of its rating
then assigned to the Refunded Bonds. If this Agreement is amended, prior written notice and
copies of the proposed changes shall be given to the rating agencies which have rated the
Refunded Bonds.
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EXECUTED as of the date first written above.
CITY OF RENTON, WASHINGTON
Designated City Representative
[ESCROW AGENT]
Authorized Signer
Exhibit A — Addresses of the City and the Escrow Agent
Exhibit B — Description of the Refunded Bonds
Exhibit C — Schedule of Debt Service on Refunded Bonds
Exhibit D — Description of Beginning Cash Deposit (if any) and Escrowed Securities
Exhibit E — Escrow Fund Cash Flow
Appendix A — Notice of Redemption forthe 2001 Bonds
Appendix B — Notice of Defeasance for the 2001 Bonds
Appendix C — Fee Schedule
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EXHIBIT A
Addresses of the City and Escrow Agent
City: City of Renton
1055 S.Grady Way
Renton, Washington 98057
Attention: Finance and Information Services Administrator
Escrow Agent: [to come]
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EXHIBIT B
Description of the Refunded Bonds
City of Renton, Washington
Limited Tax General Obligation and Refunding Bonds, 2001
Maturity Years
(December 1) Principal Amounts Interest Rates
$ %
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EXHIBIT C
Schedule of Debt Service on the Refunded Bonds
Principal/
Date Interest Redemption Price Total
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EXHIBIT D
Escrow Deposit
I. Cash: $_
II. Other Obligations:
Description Maturity Date
Principal
Amount
$
Interest Rate
%
Total Cost
Costs of Issuance:
Escrow Agent Fee ( )
Bond Counsel Fee (K&L Gates)
Escrow Verification Fee ( )
Preliminary Official Statement Posting
Official Statement Printing/Mailing
Rating Agencies (S&P/Fitch)
Contingency proceeds
TOTAL:
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Date
Escrow
Requirement
EXHIBIT E
Escrow Fund Cash Flow
Net Escrow Receipts
Excess
Receipts
Cash
Balance
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APPENDIX A
NOTICE OF REDEMPTION*
City of Renton, Washington
Limited Tax General Obligation and Refunding Bonds, 2001
NOTICE IS HEREBY GIVEN that the City of Renton, Washington has called for redemption
on December 1, 2011 a portion of its outstanding Limited Tax General Obligation and Refunding
Bonds, 2001 (the "Bonds").
The Bonds will be redeemed at a price of one hundred percent (100%) of their principal
amount, plus interest accrued to December 1, 2011. The redemption price of the Bonds is
payable on presentation and surrender of the Bonds at the office of:
The Bank of New York Mellon Wells Fargo Bank National
Worldwide Series Processing Association
2001 Bryan Street, 9th Floor -or- Corporate Trust Department
Dallas, Texas 75021 14th Floor - M/S 257
999 Third Avenue
Seattle, Washington 98104
Interest on all Bonds or portions thereof which are redeemed shall cease to accrue on
December 1, 2011.
The following Bonds are being redeemed:
Maturity Years
(December 1) Principal Amounts Interest Rates CUSIP Nos.
%
This notice shall be given not more than 60 nor less than 30 days prior to December 1, 2011 by first class mail to
each registered owner of the Refunded Bonds. In addition notice shall be mailed to Piper Jaffray & Co.; The
Depository Trust Company of New York, New York; Assured Guaranty Corporation (formerly Financial Security
Assurance Inc.); Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business, New York,
New York; Fitch, Inc., New York, New York; and to the Municipal Securities Rulemaking Board.
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By Order of the City of Renton, Washington
The Bank of New York Mellon, as Paying Agent
Dated: .
Withholding of 28% of gross redemption proceeds of any payment made within the
United States may be required by the Jobs and Growth Tax Relief Reconciliation Act of 2003
(the "Act") unless the Paying Agent has the correct taxpayer identification number (social
security or employer identification number) or exemption certificate of the payee. Please
furnish a properly completed Form W-9 or exemption certificate or equivalent when presenting
your Bonds.
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APPENDIX B
Notice of Defeasance*
City of Renton, Washington
Limited Tax General Obligation and Refunding Bonds, 2001
NOTICE IS HEREBY GIVEN to the owners of that portion of the above-captioned bonds
with respect to which, pursuant to an Escrow Deposit Agreement dated , 2010, by
and between City of Renton, Washington (the "City") and ,
(the "Escrow Agent"), the City has deposited into an escrow account, held by the Escrow Agent,
cash and non-callable direct obligations of the United States of America, the principal of and
interest on which, when due, will provide money sufficient to pay each year, to and including
the respective maturity or redemption dates of such bonds so provided for, the principal
thereof and interest thereon (the "Defeased Bonds"). The Defeased Bonds will be called on
December 1, 2011 at a price of 100% plus accrued interest. Such Defeased Bonds are therefore
deemed to be no longer outstanding pursuant to the provisions of Ordinance No. 4922 of the
City, authorizing the issuance of the Defeased Bonds, but will be paid by application of the
assets of such escrow account.
The Defeased Bonds are described as follows:
Limited Tax General Obligation and Refunding Bonds, 2001 (Dated November 1, 2001)
Maturity Years Principal Call Date
(December 1) Amounts Interest Rates CUSIP Nos. (at 100%)
$ % 12/1/2011
12/1/2011
12/1/2011
12/1/2011
Information for Individual Registered Owner
The addressee of this notice is the registered owner of Bond Certificate No. of the
Defeased Bonds described above, which certificate is in the principal amount of $ .
All of which has been defeased as described above.
* This notice shall be given immediately by first class mail to each registered owner of the Defeased
Bonds. In addition notice shall be mailed to Piper Jaffray & Co.; Assured Guaranty Corporation (formerly Financial
Security Assurance Inc.); The Depository Trust Company of New York, New York; The Bank of New York Mellon, as
Paying Agent; Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business, New York,
New York; Fitch, Inc., New York, New York; and to the Municipal Securities Rulemaking Board.
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APPENDIX C
Fee Schedule
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CERTIFICATION
I, the undersigned, City Clerk of the City of Renton, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on April 5, 2010, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect after publication in
the City's official newspaper as provided by law; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage
of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of April, 2010.
CITY OF RENTON, WASHINGTON
Bonnie Walton, City Clerk
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