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Council 09/27/2010
AGENDA RENTON CITY COUNCIL REGULAR MEETING September 27, 2010 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.ADMINISTRATIVE REPORT 4.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. 5.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 9/13/2010. Council concur. b. Approval of Council meeting minutes of 9/20/2010. Council concur. c. Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Kendall Annexation and recommends approval of the annexation. Council concur. (See 7.a. for ordinance) d. Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, and adoption of updated editions of related State and International codes with City amendments. Council concur. (See 7.b. and 7.c. for ordinances.) e. Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at the discretion of the Reviewing Official, if the enlargement moves the proposal closer towards conformity. Refer to Planning and Development Committee. f. Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the moratorium on the permitting of adult entertainment businesses and taverns within specified geographical locations. Council concur. g. Community Services Department recommends approval of a month‐to‐month lease in the amount of $2,500 per month with PMC Bancorp for Suite 410 at the 200 Mill Building. Refer to Finance Committee. h. Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $360 for Fall Harvest Festival and Tree Lighting for Piazza Renton volunteers. Refer to Finance Committee. i. Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Consortium agreement, to add the cities of Tukwila, Page 1 of 359 Algona, and Pacific as a consortium partners. Council concur. j. Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to implement Phase I of an electronic document and records management system. Refer to Finance Committee. k. Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council concur. (See 7.d. for ordinance.) l. Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests approval of the project, authorization for final pay estimate in the amount of $577.77, commencement of a 60‐day lien period, and release of retained amount of $23,306.95 to EnD General Construction, Inc., contractor, if all required releases are obtained. Council concur. 6.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: 2011/2012 Utility Rates; Shoreline Master Program* b. Community Services Committee: Siers Appointment to Airport Advisory Board; Pieper Appointment to Library Advisory Board c. Finance Committee: Vouchers; Revised 2010 & 2011/2012 CDBG Funding Allocations; 2011/2012 General Fund Allocations d. Planning & Development Committee: City Center Community Plan e. Transportation (Aviation) Committee: Addendum No. 2 to Parametrix Contract; Air,O Inc. Rent Deferral; Street Light Fixtures; Barghausen Engineers Release of Easement Request f. Utilities Committee: 126th Ave. SE Sanitary Sewer Special Assessment District*; Stonegate Lift Station Project 7.RESOLUTIONS AND ORDINANCES Resolution: a. Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Ordinances for first reading: a. Approving the Kendall Annexation (See 5.c.) b. Adopting the 2009 International Building Code with City amendments (See 5.d.) c. Adopting updated editions of State and International Code with City amendments (See 5.d.) d. Adopting the 2009 International Fire Code with City amendments (See 5.k.) e. Establishing the 126th Ave. SE Sanitary Sewer Special Assessment District (See 6.f.) 8.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 9.AUDIENCE COMMENT 10.EXECUTIVE SESSION (labor relations) Page 2 of 359 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS September 27, 2010 Monday, 5:00 p.m. Utility Rates; Shoreline Master Program • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 3 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Kendall Annexation Meeting: Regular Council - 27 Sep 2010 Exhibits: Ordinance Map King County Boundary Review Board Closing Letter Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias, x6576 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: On June 21, 2010, City Council held a public hearing in the matter of the proposed Kendall annexation. Following that public hearing, Council accepted the 60% petition and authorized the Administration to forward a Notice of Intent to the King County Boundary Review Board (BRB). On August 24, 2010, the BRB issued a Closing Letter for Completed Action indicating its approval of the annexation. The next step for this proposed annexation is for Council to adopt the ordinance annexing the area to the City. The area was pre-zoned Residential Four Dwelling Units per Acre (R-4) as part of Ordinance #5254 and the East Renton Plateau pre-zone. The R-4 zoning will become effective upon annexation. City departments conducted a review of the annexation proposals and all departments indicated that the annexations represent logical extensions of services and raised no concerns. STAFF RECOMMENDATION: Adopt the ordinance annexing the Kendall Annexation area. 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 4 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 5 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 6 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 7 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 8 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 9 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 10 of 359 SE 128th St 1 5 6 t h A v e S E 1 5 8 t h A v e S E SE 132nd St P a s c o D r N E N E 2 n d S t NE 4th StNE 3rd Ct U n n a m e d Q u i n c e y A v e N E 1 5 5 t h A v e S E R o s a r i o A v e N E 156th Ave SE U n n a m e d UnnamedUnnamed Unnamed Kendall AnnexationVicinity Map File Name: :\CED\Planning\GIS\GIS_projects\annexations\krail_annex\mxds\1_kendall_annex_vicinity.mxd Kendall Annexation BoundaryCity LimitsPAA BoundaryRenton ParcelsProduced by City of Renton (c) 2009, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Department of Community& Economic Development Alex Pietsch, AdministratorAdriana Johnson, Planning Technician June 24, 2009 1:3600 0 400200Feet 5 c . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t s u b m i t s K i n g C o u n t y B o u n d a r y R e v i e w B o a r d C l o s i n g L e t t e r r e g a r d i n g t h e p r o p o s e d P a g e 1 1 o f 3 5 9 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 12 of 359 5c. ‐ Community and Economic Development Department submits King County Boundary Review Board Closing Letter regarding the proposed Page 13 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adoption of the 2009 International Building Codes Meeting: Regular Council - 27 Sep 2010 Exhibits: Issue Paper 2009 Building Code Amendments - DRAFT Memo Ordinance Amending Ch 4-5 RMC Ordinance Amending Ch 4-5 RMC 2009 IBC Ordinance Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Neil Watts, x-7218 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 State Building Code Council reviewed and adopted the 2009 International Fire and Building Codes effective as the statewide minimum fire and building codes on July 1, 2010. In order for the City to bring forward local amendments that can be enforced, it is necessary to adopt the 2009 International Fire and Building Codes and local amendments by ordinance. The Fire & Emergency Services and Community & Economic Development departments partnered to form a consensus on local amendments to the 2009 International Fire and Building Codes. The changes and local amendments to the fire code are outlined in a separate issue paper from the Fire & Emergency Services Department. The major changes to the building codes and local amendments are as follows: l Adoption of the 2009 International Building Code, International Residential Code, International Mechanical Code and Uniform Plumbing Code. l Adoption of local amendments to the building codes to remain consistent with local amendments approved for the 2009 Fire Code. l Repeal of the Washington State Ventilation and Indoor Air Quality Code, which has been replaced state wide by revisions in the new building codes. l Minor local amendments to the administrative sections of the building codes to keep consistency with Renton administrative procedures. l All new buildings with elevators will be equipped with at least one elevator capable of holding a bariatric gurney. STAFF RECOMMENDATION: Adopt the 2009 International Building Codes 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 14 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 15 of 359 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:July 30, 2010 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, CED Administrator STAFF CONTACT:Neil Watts, Development Services Director (x-7218) SUBJECT:Adoption of the 2009 International Building Codes ISSUE The State adopted the 2009 International Fire and Building Codes July 1, 2010. The Community and Economic Development and Fire and Emergency Services Departments are proposing an update to the Renton Municipal Code that adopts the 2009 International Building Code, Fire Code, Mechanical Code, Residential Code, and Uniform Plumbing Code with local amendments. This will allow the City to bring forward local amendments and utilize the same Code as adopted by the State of Washington. RECOMMENDATION The Community and Economic Development Department recommends approval of the proposed code changes with local amendments and adoption of the related ordinance. The new building codes are consistent with proposed updated fire codes and local amendments, and should be adopted at the same time as the 2009 Fire Code with local amendments. BACKGROUND The State Building Code Council reviewed and adopted the 2009 International Fire and Building Codes effective as the statewide minimum fire and building codes on July 1, 2010. In order for the City to bring forward local amendments that can be enforced, it is necessary to adopt the 2009 International Fire and Building Codes and local amendments by ordinance. The Fire & Emergency Services and Community and Economic Development Department partnered to form a consensus on local amendments to the 2009 International Fire and Building Codes. The major changes to the building codes and local amendments are highlighted below. The changes and local amendments to the fire code are outlined in a separate issue paper from the Fire & Emergency Services Department. 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 16 of 359 Adoption of 2009 Building Codes Page 2 of 2 July 30, 2010 ·Adoption of the 2009 International Building Code, International Residential Code, International Mechanical Code and Uniform Plumbing Code. ·Adoption of local amendments to the building codes to remain consistent with local amendments approved for the 2009 Fire Code. ·Repeal of the Washington State Ventilation and Indoor Air Quality Code, which has been replaced state wide by revisions in the new building codes. ·Minor local amendments to the administrative sections of the building codes to keep consistency with Renton administrative procedures. ·All new buildings with elevators will be equipped with at least one elevator capable of holding a bariatric gurney. Attachment cc:Jay Covington, CAO Kevin Milosevich, Police Chief Mark Peterson, Fire Chief/Emergency Services Administrator Larry Warren, City Attorney Paul Baker, Lead Code Compliance Inspector 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 17 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 18 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 19 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 20 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 21 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 22 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 23 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 24 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 25 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 26 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 27 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 28 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 29 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 30 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 31 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 32 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 33 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 34 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 35 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 36 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 37 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 38 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 39 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 40 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 41 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 42 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 43 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 44 of 359 5d. ‐ Community and Economic Development Department recommends adoption of the 2009 International Building Code with City amendments, Page 45 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Non-Conforming Code Revisions Meeting: Regular Council - 27 Sep 2010 Exhibits: Issue Paper Draft Ordinance Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Rocale Timmons, ext. 7219 Recommended Action: Refer to the Planning and Development Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The current provisions governing enlargements of legal non-conforming structures doesn’t allow enlargements of such structures unless the enlargement is completely conforming or a rebuild approval permit has been obtained. However, in practice staff has applied the code in a way that allows applicants to enlarge their structure, at the discretion of the Reviewing Official, if the enlargement creates greater conformity with the code. To that end, staff and the City Attorney have reviewed the applicable non-conforming provisions in its entirety and have concluded that amendments should be made in order to better align the code with current practices. STAFF RECOMMENDATION: Adopt code revisions to allow non-conforming structures to enlarge, at the discretion of the Reviewing Official, if the enlargement moves the proposal closer towards conformity. 5e. ‐ Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at Page 46 of 359 h:\ced\city council\issue papers\2010\enlargement code\non-conforming code issue paper.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:August 16, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator (x 6592) STAFF CONTACT:Rocale Timmons, Associate Planner (x7219) SUBJECT:Non-Conforming Code Revisions ISSUE: Should the City of Renton amend the Enlargement Section of the Legal Non-Conforming Structures, Uses and Lots chapter in the Renton Municipal Code? RECOMMENDATION: Staff recommends amending Renton Municipal Code Section 4-10-150A.4, Enlargement, in order to allow enlargements, which are legally non-conforming, if the proposed enlargement creates greater conformity with the code. BACKGROUND SUMMARY: The current provisions governing enlargements of legal non-conforming structures doesn’t allow enlargements of such structures unless the enlargement is completely conforming or a rebuild approval permit has been obtained. However, in practice staff has applied the code in a way that allows applicants to enlarge their structure, at the discretion of the Reviewing Official, if the enlargement moves the proposal closer towards conformity. To that end, staff and the City Attorney Department have reviewed the applicable non-conforming provisions in its entirety and have concluded that amendments could be made in order to better align the code with staff’s processes. Recommended changes include provisions to allow the enlargement of non-conforming structures at the discretion of the Administrator of the Department of Community and Economic Development or designee if the enlargement is shown to increase conformity. Criteria to be considered by the Reviewing Official, has also been included in the recommended changes. Specifically, the enlargement shall either be: 1.Sited carefully to achieve compatible transition between surrounding buildings, parking areas, and other land uses; or 2.Does not significantly cause any adverse or undesirable effects on the site or neighboring properties. 5e. ‐ Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at Page 47 of 359 Don Persson, Council President Page 2 of 2 August 16, 2010 h:\ced\city council\issue papers\2010\enlargement code\non-conforming code issue paper.doc CONCLUSION: The revisions would update the City’s Non-Conforming Code to reflect the current application of code by Planning Staff. The revisions would allow non-conforming structures to enlarge, at the discretion of the Reviewing Official, if the enlargement increases conformity with the City Code. cc: Jay Covington, Chief Administrative Officer Larry Warren, City Attorney C. E. “Chip” Vincent, Planning Director Neil Watts, Development Services Director Suzanne Dale Estey, Economic Development Director Jennifer Henning, Current Planning Manager 5e. ‐ Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at Page 48 of 359 DRAFT DRAFT 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-10-050A.4, ENLARGEMENT, OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY ADDING A PROVISION FOR NONCONFORMING ENLARGEMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 4-10-050A.4, Enlargements, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended as follows: 4. Enlargement: a.The provisions of this section shall not apply to structures, otherwise considered non-conforming, which are made conforming by conditional applications of the code. b. The structure shall not be enlarged unless the enlargement is conforming, or it is consistent with the provisions of a rebuild approval permit issued for it. c.Nonconforming enlargements may only be allowed at the discretion of the Administrator of the Department of Community and Economic Development or designee if the enlargement is shown to be moving towards conformity and is either: i.sited carefully to achieve compatible transition between 5e. ‐ Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at Page 49 of 359 DRAFT ORDINANCE NO. ________ DRAFT 2 surrounding buildings, parking areas and other land uses; or ii.does not significantly cause any adverse or undesirable effects on the site or neighboring properties. a. d. Wireless Towers and Antennas: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Title shall not be deemed to constitute the expansion of a nonconforming use or structure. SECTION II.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 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 Date of Publication: ORD:1643:6/29/10:scr 5e. ‐ Community and Economic Development Department recommends amending City Code to allow non‐conforming structures to enlarge, at Page 50 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Continuation of Moratorium on the Permitting of Adult Entertainment Businesses Meeting: Regular Council - 27 Sep 2010 Exhibits: Issue Paper Draft Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Rocale Timmons, x7219 Recommended Action: Council Concur. Set a public hearing on October 11, 2010 . Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The current adult entertainment ordinance is over 16 years old and has not recently been studied or reviewed comprehensively during that time. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV have not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on the acceptance of applications for adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010 and adopted April 12, 2010. The City subsequently passed a revised moratorium with locational criteria. The public hearing for the amendment was held on June 7, 2010. However, the expiration of the moratorium is determined by the adoption of the initial resolution and is set to expire on October 12, 2010. During the initial moratorium, City staff made substantial progress in surveying case law. However, additional time is needed in order to complete the analysis of secondary effects related to these land uses. A new public hearing and resolution is now required to extend the moratorium for an additional six months. STAFF RECOMMENDATION: Set a public hearing on October 11, 2010 to consider extending the current moratium, and adopt a new resolution, for the continuation of the moratorium, immediately following the public hearing. 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 51 of 359 h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper iii.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:September 17, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator (x 6592) STAFF CONTACT:Rocale Timmons, Associate Planner (x7219) SUBJECT:Continuation of Moratorium on the Permitting of Adult Entertainment Businesses ISSUE: Should the City of Renton continue a moratorium on the permitting of adult entertainment businesses, until such time the current ordinance has been evaluated to determine the impacts of such uses? RECOMMENDATION: Staff recommends the City Council set a public hearing of October 11, 2010 in order to consider a resolution for the continuation of the moratorium established via Resolution #4041, regarding the permitting of adult entertainment businesses as amended by Resolution #4054. Staff further recommends the City Council adopt a new resolution, for the continuation of the moratorium, immediately following the public hearing. BACKGROUND SUMMARY: The current adult entertainment ordinance is over 16 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV). This area of the City has substantially changed over the last 16 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV have not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on the permitting of adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010 and adopted April 12, 2010. The City subsequently passed a revised moratorium with locational criteria. The public hearing for the amendment was held on June 7, 2010. However, the expiration of the moratorium is determined by the adoption 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 52 of 359 Don Persson, Council President Page 2 of 2 September 17, 2010 h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper iii.doc of the initial resolution and is set to expire on October 12, 2010. During the initial moratorium, City staff made substantial progress in surveying case law. However, additional time is needed in order to complete the analysis of secondary effects related to these land uses. A new public hearing and resolution is now required to extend the moratorium for an additional six months. CONCLUSION: The moratorium is on the acceptance of any business license or other permit application for an adult entertainment business or tavern, located within 1,000 feet of any established adult entertainment venue. Additionally, the moratorium is on the acceptance of any business license or other permit application for an adult entertainment business meeting any of the following locational criteria: between SW 43 rd and SW 41st Streets, north of SW 16th Street, or shares the same street frontage of an established adult entertainment venue. A public hearing is necessary to accept public testimony on whether or not the City should continue this moratorium. The moratorium would be in place for an additional period of six months, while the Department of Community and Economic Development (CED) and the City Attorney continue to survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, consider alternatives, and provide a reasonable means to accommodate access to protected expression; such that any regulation ultimately adopted is a reasonable time, place and manner restriction. CED and the City Attorney are to make recommendations to the City Council, or subcommittee, on regulations that could be adopted to satisfy these goals. If this work has not been completed by the end of the six-month period, the Council may extend the moratorium for additional time after another public hearing. cc: Jay Covington, Chief Administrative Officer Gregg Zimmerman, Public Work Administrator C. E. “Chip” Vincent, Planning Director Neil Watts, Development Services Director Suzanne Dale Estey, Economic Development Director Jennifer Henning, Current Planning Manager 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 53 of 359 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 54 of 359 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 55 of 359 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 56 of 359 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 57 of 359 5f. ‐ Community and Economic Development Department recommends setting a public hearing date of 10/11/2012 to consider continuing the Page 58 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Lease with PMC Bancorp in Suite 410 at 200 Mill Meeting: Regular Council - 27 Sep 2010 Exhibits: Issue Paper Lease Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, 6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $2500 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$2500/mo Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Council approve, and authorize the Mayor and City Clerk to sign, a month-to-month lease with PMC Bancorp for Suite 410 at the 200 Mill Building. STAFF RECOMMENDATION: Council approve the lease and authorize the Mayor and City Clerk to sign it. 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 59 of 359 H:\Facilities\Facilities Director\Peter Renner\Peter Renner 2010\IssuePaperPMCLease.doc 8/3/10 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:August 3, 2010 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext 6605 SUBJECT:Lease with PMC Bancorp for Suite 410 in the 200 Mill Building Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease with PMC Bancorp for Suite 410 in the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease. Background: ·PMC Bancorp has a need for roughly 2,000 square feet of office space. The fourth floor of the 200 Mill Building is already built out and furnished with City-owned furniture. Suite 410 is roughly one-third of the fourth floor. ·The business points of the proposed amended lease are as follows: o Rent will be $2,500 per month on a month-to-month basis. That equates to a lease rate of $15.00 per square foot, market-based for a full-service lease of this type in our current market. o Very minor improvements will be made to accommodate this tenant’s needs, $2,500 worth. o The GVA brokerage fee ($1,250-$2,500 depending on total duration) is being waived, and PMC is not represented by a broker. Conclusion: Approving this lease provides additional cash flow for the operation of the City’s Leased Properties Fund 108 while maintaining flexibility for potential future City space needs. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Krisi Rowland, Senior Finance Analyst Larry Warren, City Attorney 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 60 of 359 GVA KIDDER MATHEWS 601 UNION STREET SUITE 4720 SEATTLE, WA 98101 TEL 398-2271 FAX 398-2290 OFFICE LEASE - GROSS 200 MILL AVENUE BUILDING This Lease is made this 9th day of July, 2010 by and between The City of Renton, Washington, a Washington municipal corporation ("Landlord"), and PMC Bancorp, A California corporation, ('Tenant"), who agree as follows: 1. Fundamental Terms. As used in this Lease, the following capitalized terms shall have the following meanings: (a) "Land" means the land on which the Building is located, situated in the City of Renton, County of King, State of Washington, which is described on Exhibit A. (b) "Building" means the building in which the Premises are located, commonly known as the 200 Mill Avenue Building, the street address of which is 200 Mill Avenue South, Renton, Washington 98055- 3232. (c) "Premises" means that certain space crosshatched on Exhibit B, located on the Fourth floor of the Building and designated as Suite 410. (d) "Agreed Areas" means the agreed amount of rentable square feet of space in the Building and the Premises. Landlord and Tenant stipulate and agree for all purposes under this Lease that the Building contains approximately 49,480 rentable square feet of space (the "Building Area") and that the Premises contain approximately 2,024 rentable square feet of space in Suite 410 on the fourth floor. The total area under lease will be 2,024 rentable square feet, (the "Premises Area"). The parties agree that the Premises will be remeasured by Landlord's architect to accurately determine the number of rentable square feet of space in the Premises, which determination shall be made in accordance with the Building Owners and Managers Association International ("BOMA"') standards, namely the "Standard Method for Measuring Floor Area in Office Buildings - American National Standard," ANSI Z65.1-1996. Promptly after Landlord's architect makes such determination, this Lease shall be amended to accurately reflect the number of rentable square feet of space in the Building and the Premises as so determined. In addition, the Minimum Monthly Rent, and Tenants Share, shall be proportionately adjusted based on the actual number of rentable square feet of space in the Premises as so determined. Landlord and Tenant further agree that the Building Area may exclude portions of the Building which are used for other than office purposes, such as areas used for retail purposes. (e) "Tenant's Share" means the Premises Area divided by the Building Area, expressed as a percentage, which is four point zero nine percent (4.09%). Notwithstanding the foregoing, if one or more of the facilities, services and utilities the costs of which are included within the definition of Operating Costs is not furnished to one or more spaces or to particular types of spaces, then in connection with the calculation of Tenant's Share of each of such costs the Building Area shall be reduced by the number of rentable square feet contained in such space and Tenant's Share shall be separately computed as to each of such costs. If the Building shall contain non-office uses during any period, Landlord shall have the right to determine, in accordance with sound accounting and management principles, Tenant's Share of Real Property Taxes and Operating Costs for only the office portion of the Building; in such event, Tenants Share shall be based on the ratio of the rentable area of the Premises to the rentable area of such office portion for such period. If a portion of the Building is damaged or condemned, or any other event occurs which alters the number of rentable square feet of space in the Premises or the Building, then Landlord shall adjust Tenant's Share to equal the number of rentable square feet of space then existing in the Premises (as altered by such event) divided by the number of rentable square feet of space then existing in the Building (as altered by such event). "Commencement Date" means August 1, 2010, or such earlier or later date as provided in Section 4 hereof. Tenant shall have access to the Premises for furniture, telecommunications wiring, and equipment assembly for a period of up to 5 days prior to lease commencement at no cost to Tenant The CHy, or GVA management may inspect the Premises prior to Tenant occupancy, to insure that there has been no damage to the Premises by Tenant, prior to the Commencement Date. (f) "Expiration Date" means August 31, 2010 (g) "Term" means the period of time commencing on the Commencement Date and ending on the' Expiration Date, unless sooner terminated pursuant to this Lease. (h) "Minimum Monthly Rent" means the following amounts as to the following periods during the Term of this Lease: Period Monthly Amount August 1,2010 to August 31, 2010 $2,500.00 per month 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 61 of 359 (i) "Permitted Use" means use for purposes of general business offices for Mortgage financing and related business activities 0) "Base Year" means the calendar year 2010. (k) "Prepaid Rent' means Two Thousand Fivee Hundred and 00/100 Dollars ($2,500.00). (I) "Security Deposit' means Two Thousand Five Hundreed and Zero Dollars ($2,500.00). (m) "Landlord's Address for Notice" means 200 Mill Avenue Building, c/o GVA Kidder Mathews, 601 Union Street, Suite 4720, Seattle, WA 98101. (n) "Landlord's Address for Payment of Rent' means 200 Mill Avenue Building, c/o GVA Kidder Mathews, P.O. Box 34860, Seattle, WA 98124-1860. (o) Tenants Address for Notice" means PMC Bancorp, 200 Mill Avenue Building, Suite 410, Renton, WA 98055-3232 on and after the Commencement Date. (p) "Landlord's Agent' means GVA Kidder Mathews or such other agent as Landlord may appoint from time to time. (q) "Broker(s)" means GVA Kidder Mathews representing the Landlord and Tenant (r) "Exhibits" means the following Exhibits to this Lease: Exhibit A - Legal Description of the Property Exhibit B - Outline Drawing of the Premises Exhibit C- Work Letter Exhibit D - Rules and Regulations Exhibit E - Insurance Letter (s) "Rider" means - N/A (t) "Definitions" means the words and phrases defined in Section 41 captioned "Definitions". 2. Consent and Notices. Whenever the consent of either Landlord or Tenant is required under this Lease, such consent shall not be effective unless given in writing and shall not be unreasonably withheld or delayed, provided, however, that such consent may be conditioned as provided in this Lease. All notices or requests required or permitted under this Lease shall be in writing as provided in Section 42(g). 3. Premises and Appurtenances. Landlord leases to Tenant and Tenant leases from Landlord the Premises for the Term. Tenant, and its authorized representatives, shall have the right to use, in common with others and subject to the Rules and Regulations, the Common Areas of the Building. Landlord shall have the right, in Landlord's sole discretion, from time to time to (i) make changes to the Building interior and exterior and Common Areas, including without limitation, changes in the location, size, shape, number and appearance thereof, (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available, and (iii) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building. All of the windows and exterior walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall have rights of access through the Premises for the purpose of operating, maintaining and repairing the same, provided, however, that such changes shall not materially affect Tenant's access to, or use and occupancy of, the Premises. 4. Term. (a) Commencement Date. The Term shall commence on the Commencement Date and expire on the Expiration Date, unless sooner terminated pursuant to this Lease. The Lease shall continue Month to Month thereafter, subject to thirty (30) day termination notice by either party at anytime. The Commencement Date shall be: (i) The date specified in Section 1, unless notice is delivered pursuant to Subsection 4(a)(ii), in which case the Commencement Date shall be such later date, or Tenant occupies the Premises earlier pursuant to Subsection 4(a)(iii), in which case the Commencement Date shall be such earlier date; (ii) Such later date on which the Tenant Improvements to be made to the Premises by Landlord, if any, are substantially complete, provided, however, that Landlord shall give notice of substantia! completion to Tenant at least five (5) days before such date. (iii) If Tenant shall occupy the Premises for the Permitted Use prior to the Commencement Date specified in Section 1 or the date specified in the notice provided for pursuant to Subsection 4(a)(ii), then the date of such early occupancy. (b) Tenant Obligations. If the Tenant Improvements, if any, are not substantially completed on the Commencement Date specified in Section 1 due to Tenants failure to promptly review and approve the plans and specifications for the Tenant Improvements or change orders with respect to the Tenant 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 62 of 359 Improvements or to Tenants failure to fulfill any other obligation under this Lease, then the Term shall be deemed to have commenced on the Commencement Date specified in Section 1. (c) Tenant Termination Rights. If Landlord is unable to deliver possession of the Premises with the Tenant Improvements, if any, substantially completed to Tenant on the Commencement Date as a result of causes beyond its reasonable control, Landlord shall not be liable for any damage caused by failing to deliver possession and this Lease shall not be void or voidable. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. No delay in delivery of possession of the Premises to Tenant shall change the Expiration Date or operate to extend the Term. If Landlord does not deliver possession of the Premises to Tenant within six (6) months of the Commencement Date, then Tenant may elect to terminate this Lease by giving written notice to Landlord within ten (10) days following the end of such six (6) month period. (d) Confirmation of Commencement Date. When the Commencement Date as provided in Subsection 4(a)(ii) or Subsection 4(a)(iii) has been established as an earlier or later date than the Commencement Date specified in Section 1, Landlord shall confirm the Commencement Date by notice to Tenant. 5. Minimum Monthly Rent; Late Charge. (a) Minimum Monthly Rent. Tenant shall pay to Landlord the Minimum Monthly Rent without deduction, offset, prior notice or demand, in advance on the first day of each month during the Term. Minimum Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Minimum Monthly Rent per day. Minimum Monthly Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents (other than Landlord's general income taxes) and should such taxes apply during the Term, the Minimum Monthly Rent shall be increased by the amount of such taxes. Ail Rent shall be paid to Landlord at Landlord's Address for Payment of Rent or at such other address as Landlord may specify by notice to Tenant. (b) Late Charge. Tenant acknowledges that the late payment by Tenant of any Rent will cause Landlord to incur administrative, collection, processing and accounting costs and expenses not contemplated under this Lease, the exact amount of which are extremely difficult or impracticable to predict or remedy. Therefore, if any Rent is not received by Landlord from Tenant by the fifth (5th) calendar day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent or Seventy-five and No/100th Dollars ($75.00), whichever is greater. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss caused by Tenants nonpayment. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of Tenants default with respect to Tenants nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. 6. Prepaid Rent and Security Deposit As partial consideration for Landlord's execution of this Lease, on execution of this Lease, Tenant shall deposit with Landlord the Prepaid Rent, as monthly rent for the first full month of the Term for which Rent is payable, and the Security Deposit, as a Security Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, Landlord may use the Security Deposit or any portion of it, to cure the default, including without limitation, paying for the cost of any work necessary to restore the Premises, the Tenant improvements and any alterations to good condition or to compensate Landlord for all damage sustained by Landlord resulting from Tenants default Tenant shall within five (5) days of demand pay to Landlord a sum equal to the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Landlord. If Tenant is not in default as of the expiration or termination of the Term, including without limitation, in default in payment of the Rent for the last month of the Term, then Landlord shall return the Security Deposit, without interest to Tenant within a reasonable period of time not to exceed thirty (30) days after the expiration or termination of the Term, provided, however, that Landlord may retain a portion of the Security Deposit for payment of increases in Real Property Taxes and Operating Costs the exact amount of which has not been determined as of the expiration or termination of the Term. Landlord's obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may commingle the Security Deposit with Landlord's general and other funds. 7. Real Property Taxes. (a) Payment of Tenant's Share of Increases in Real Property Taxes. The parties have agreed, that for this Month to Month tenancy, Tenant will not be responsible for increase costs for Real Property Taxes. Should Landlord and Tenant enter into a long term lease, Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one-twelfth (1/12th) of Tenants Share of all increases in Real Property Taxes that are or will be levied or assessed against the Property during each calendar year during the Term over and above the Real Property Taxes that are levied or assessed against the Property during the Base Year as reasonably estimated by Landlord. Such Additional Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents and should such taxes apply during the Term, such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty (120) days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Real Property Taxes for the preceding calendar year and Tenants Share of the increase in Real Property Taxes. If Tenants Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty (30) days 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 63 of 359 after receipt of the statement. If Tenants payments made during that calendar year exceed Tenants Share of the increase in such Real Property Taxes for that calendar year over such Real Property Taxes for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be entitled to offset the excess against the next installments) of Minimum Monthly Rent and Additional Rent, provided, however, that at the end of the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant. (b) General and Special Assessments. With respect to any general or special assessments which may be levied against or upon the Property, or which under the laws then in force may be evidenced by improvement or other bonds or may be paid in annual installments, only the amount of such annual installment, and interest due thereon, shall be included in the computation of Real Property Taxes. (c) Proration. Tenants Share of Real Property Taxes shall be prorated on the basis of a 360-day year to account for any fractional portion of a tax year included in the Term at its commencement and expiration. (d) No Effect on Minimum Monthly Rent Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. (e) Leasehold Excise Tax. Notwithstanding anything to the contrary contained in this Section 7, Landlord and Tenant agree that Landlord is a municipal corporation under the State of Washington, and, as such, pays leasehold excise taxes based on rent in lieu of Real Property Taxes. For purposes of establishing a Base Year for taxes based on rent, Landlord and Tenant shall agree upon a tax assessment based on the valuation of the Property for the Base Year, and Tenant shall pay to Landlord as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one-twelfth (1/12th) of Tenants Share of all increases in the valuation of the Property over the agreed upon Base Year valuation that are or will be levied or assessed against the Property for each calendar year during the Term. 8. Personal Property Taxes. Tenant shall pay prior to delinquency all personal property taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or elsewhere. If possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property of Tenant to be assessed and billed separately from the Property. 9. Operating Costs. (a) Payment of Tenant's Share of Increases in Operating Costs. The parties have agreed, that for this Month to Month tenancy, Tenant will not be responsible for increase costs for Operating Costs, unless Tenant utilizes the Premises beyond standard operating hours, and or has an excessive use of the Premises. Should Landlord and Tenant enter into a long term lease.Tenant shall pay to Landlord, as Additional Rent, monthly, in advance on the first day of each month during the Term, an amount equal to one-twelfth (1/12th) of Tenants Share of the increase in the Operating Costs of the Property for each calendar year during the Term over the Operating Costs for the Base Year as reasonably estimated by Landlord. Landlord may, in accordance with sound accounting and management principles, both reasonably estimate, and finally determine, the Operating Costs for the Base Year and for each calendar year during the Term based on the Operating Costs that would have been incurred if the Building had been 95% occupied during the Base Year or each such calendar year, as the case may be, taking into account historical operating costs for the Building. Landlord may, in accordance with sound accounting and management principles, make any other appropriate changes to reflect adjustments to Operating Costs for prior years or for the then current calendar year. Such Additional Rent is exclusive of any sales, franchise, business or occupation or other tax based on rents and should such taxes apply during the Term, such Additional Rent shall be increased by the amount of such taxes. Within one hundred twenty (120) days after the end of each calendar year during the Term or within such longer period of time as may be reasonably necessary, Landlord shall furnish to Tenant a statement of the Operating Costs for the preceding calendar year and Tenant's Share of the increase in the Operating Costs. If Tenants Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year exceeds the monthly payments made by Tenant, then Tenant shall pay Landlord the deficiency within thirty (30) days after receipt of the statement. If Tenants payments made during that calendar year exceed Tenant's Share of the increase in the Operating Costs for that calendar year over the Operating Costs for the Base Year, then, at Landlord's option, either Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant, or Tenant shall be enb'tied to offset the excess against the next installment(s) of Minimum Monthly Rent and Additional Rent, provided, however, that at the end of the Term Landlord shall pay Tenant the excess at the time Landlord furnishes the statement to Tenant. (b) Proration. Tenants Share of Operating Costs shall be prorated on the basis of a 360-day year to account for any fractional portion of a year included in the Term at its commencement and expiration. (c) No Effect on Minimum Monthly Rent. Notwithstanding anything to the contrary in this Section, the Minimum Monthly Rent payable by Tenant shall in no event be less than the Minimum Monthly Rent specified in Section 1. 10. Use. Tenant shall use the Premises for the Permitted Use and for no other use without Landlord's prior consent. Tenant agrees that it has determined to its satisfaction that the Premises can be used for the Permitted Use. Tenant waives any right to terminate this Lease if the Premises cannot be used for the 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 64 of 359 Permitted Use during the Term unless the prohibition on use is the result of actions taken by Landlord. Tenants use of the Premises shall be in accordance with the following: (a) Insurance. Tenant shall not do, bring, or keep anything in or about the Premises or the Property that will cause a cancellation of any insurance covering the Property. If the rate of any insurance carried by Landlord on the Property as published by the Washington Survey and Rating Bureau, or any successor rating bureau or agency, is increased as a result of Tenants use, then Tenant shall pay to Landlord not less than ten (10) days before the date Landlord is obligated to pay a premium on the insurance, a sum equal to the difference between the original premium and the increased premium. (b) Compliance with Laws. Tenant shall comply with all applicable laws concerning the Premises and Tenants use of the Premises. (c) Waste, Nuisance and Improper Use. Tenant shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Building, including without limitation, (i) the use of loudspeakers or sound or light apparatus that can be heard or seen outside the Premises, (ii) for cooking or other activities that cause odors that can be detected outside the Premises, or (iii) for lodging or sleeping rooms. Violation of this subsection may result in a finding that Tenant is in violation of the Nuisance provision and/or other applicable Renton Municipal Code provisions and/or applicable laws. (d) Damage to Property. Tenant shall not do anything in, on or about the Premises that will cause damage to the Property, excluding normal wear and tear associated with normal office use. (e) Rules and Regulations. Tenant and its authorized representatives shall comply with the Rules and Regulations set forth on Exhibit D attached hereto. Landlord shall have the right to reasonably amend the Rules and Regulations from time to time. In the event of a conflict between this Lease and the Rules and Regulations, as amended, this Lease shall control. Landlord shall have the right to enforce the Rules and Regulations. Landlord shall have no liability or responsibility whatsoever with respect to the noncompliance by other tenants or their authorized representatives with any of such Rules and Regulations. 11. Hazardous Substances. Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and warrants to Landlord that Tenants intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any Hazardous Substances, except for products normally used in general business offices which constitute Hazardous Substances, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of Hazardous Substances, on or under the Premises or the Property, or incorporated in any tenant improvements or alterations, at Tenants expense. (a) Compliance; Notification. After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Premises and the Property, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises, or the Property, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities, and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances on the Premises or the Property. (b) Indemnity by Tenant Tenant agrees to hold Landlord harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses, which may be imposed on, incurred or paid by, or asserted against Landlord, the Premises or the Property by reason of, or in connection with the acts or omissions of Tenant its authorized representatives, or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous Substances on the Premises or the Property. (c) Indemnity by Landlord. Landlord agrees to hold Tenant harmless from and against any and all damages, charges, cleanup costs, remedial actions, costs and expenses, which may be imposed on, incurred or paid by, or asserted against Tenant, the Premises or the Property by reason of, or in connection with the acts or omissions of Landlord, or its employees, resulting in the release of any Hazardous Substances on the Premises or the Property. (d) Acknowledgment as to Hazardous Substances. Tenant acknowledges that the Premises may contain Hazardous Substances, and Tenant accepts the Premises and the Building notwithstanding such Hazardous Substances. If Landlord is required by any law to take any action to remove or abate any Hazardous Substances, or if Landlord deems it necessary to conduct special maintenance or testing procedures with regard to any Hazardous Substances, or to remove or abate any Hazardous Substances, Landlord may take such action or conduct such procedures at times and in a manner that Landlord deems appropriate under the circumstances, and Tenant shall permit the same. Should Landlord's removal and abatement activities interfere with Tenant's intended use of the premises, Tenant shall have the option to elect between (a) abatement of rent in a proportion to the percentage of the premises that are affected by the removal or abatement activities calculated on a monthly basis, or (b) termination of this Lease. 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 65 of 359 (e) Survival. The provisions of this Section shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 12. Landlord's Maintenance; Inclusion in Operating Costs. (a) Landlord's Maintenance. Except as provided in Section 13 captioned 'Tenants Maintenance; Remedies", Section 23 captioned "Destruction" and Section 24 captioned "Condemnation" and except for damage caused by any negligent or intentional act or omission of Tenant or its authorized representatives, Landlord shall maintain in good condition and repair the following: (i) the structural parts of the Building, which structural parts include only the foundations, bearing and exterior walls, exterior glass, glass entrance doors (excluding interior glass and interior glass doors), subflooring and roof, (ii) the building standard lighting fixtures, window coverings and ceiling tiles and the unexposed electrical, plumbing and sewage systems, including without limitation, those portions lying outside the Premises, (iii) the heating, ventilating and air-conditioning system, if any, servicing the Building, (iv) the lobbies, corridors, elevators, public or common restrooms and other common areas of the Building, and (v) the sidewalks, grounds, landscaping, parking and loading areas, if any, and other common areas of the Property. (b) Inclusion in Operating Costs. The cost of maintaining, repairing, replacing or servicing the portions of the Building that Landlord is required to maintain pursuant to this Section shall be included in Operating Costs to the extent provided in Section 9 captioned "Operating Costs". 13. Tenant's Maintenance; Remedies. (a) Tenant's Maintenance. Except as provided in Section 12 captioned "Landlord's Maintenance; Inclusion in Operating Costs", Section 23 captioned "Destruction" and Section 24 captioned "Condemnation" and except for damage caused by any grossly negligent or intentional act or omission of Landlord or its authorized representatives, Tenant, at its cost, shall maintain in good condition and repair the Premises, including without limitation, all of the Tenant Improvements, Tenants alterations, Tenants trade fixtures, Tenant's personal property, signs, walls, interior partitions, wall coverings, windows, non- building standard window coverings, glass within the Premises, doors, carpeting and resilient flooring, non-building standard ceiling tiles, plumbing fixtures and non-building standard lighting fixtures. Tenant shall be liable for any damage to the Premises and the Building resulting from the acts or omissions of Tenant or its authorized representatives. (b) Landlord's Remedies. If Tenant fails to maintain the Premises in good condition and repair as required by Subsection 13(a) and if such failure is not cured within thirty (30) days after notice of such failure is given by Landlord to Tenant, then Landlord may, at its option, cause the Premises to be maintained in good condition and repair and Tenant shall promptly reimburse Landlord for all reasonable costs incurred by Landlord in performance of Tenant's obligation to maintain the Premises. 14. Tenant Improvements; Alterations and Trade Fixtures. (a) Tenant Improvements. Tenant accepts the Premises in their "AS IS" condition without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements or to provide any allowances unless otherwise expressly provided in this Lease or in the Work Letter attached hereto as Exhibit C. Tenant shall not make any improvements or alterations to the Premises without Landlord's prior consent (b) Alterations. Any improvements and alterations made by either party shall remain on and be surrendered with the Premises on expiration or termination of the Term, except that Landlord can elect by giving notice to Tenant within thirty (30) days before the expiration of the Term, or within thirty (30) days after termination of the Term, to require Tenant to remove any improvements and alterations that Tenant has made to the Premises. If Landlord so elects, Tenant, at its cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term, or within thirty (30) days after notice of election is given, whichever is later. Any improvements and alterations that remain on the Premises on expiration or termination of the Term shall automatically become the property of Landlord and title to such improvements and alterations shall automatically pass to Landlord at such time without any payment therefor by Landlord to Tenant If Tenant or its authorized representatives make any improvements or alterations to the Premises as provided in this Section, then such improvements and alterations (i) shall be made in a first class manner in conformity with then building standard improvements, (ii) shall be made utilizing then building standard materials, (iii) shall be made in compliance with the Rules and Regulations and the reasonable directions of Landlord, (iv) shall be made pursuant to a valid building permit to be obtained by Tenant at its cost, and (v) shall be made in conformity with then applicable laws, including without limitation, applicable Renton Municipal code provisions and/or building codes. (c) Trade Fixtures. Tenant shall not install any trade fixtures in or on the Premises without Landlord's written prior consent 15. Mechanics' Liens. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work costing more than an amount equal to one (1) month's Minimum Monthly Rent or the supply or furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall provide Landlord 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 66 of 359 with a labor and material payment bond, a letter of credit or other security satisfactory to Landlord in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenants payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon in accordance with Section 39 captioned "Interest on Unpaid Rent" from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 16. Utilities and Services. (a) Utilities and Services Furnished by Landlord. Landlord shall furnish the Premises with: (i) Electricity for lighting and power suitable for the use of the Premises for ordinary general office purposes; provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of the wattage per square foot of Premises Area required for building standard amounts of lighting, or a connected load for all other power requirements in excess of four (4) watts per square foot of Premises Area as determined by Landlord, and the electricity so provided for lighting and power shall not exceed such limits, subject to any lower limits set by any governmental authority with respect thereto; Subject to the reasonable limitations of the existing building systems, heating, ventilating and air-conditioning, if the Building has an air-conditioning system, to maintain a temperature range in the Premises which is customary for similar office space in the King County, Washington area (but in compliance with any applicable governmental regulations with respect thereto). Tenant agrees to keep closed, when necessary, blinds, draperies and windows which must be closed to provide for the efficient operation of the heating and air conditioning systems, if any, and Tenant agrees to cooperate with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air-conditioning system, if any. If Tenant requires heating, ventilating and air conditioning to the Premises other than during normal business hours from 7:30 A.M. to 6:00 P.M. daily, and 8:00 A.M. to 11:00 A.M on Saturdays, except Sundays and those legal holidays generally observed In the State of Washington, Landlord shall, upon Tenants request made not less than 24 hours before the time Tenant requires the after hour service, and not later than Noon on the Friday before any Saturday or Sunday on which Tenant requires such service, and not later than Noon of the day before any holiday on which Tenant requires such service (except as otherwise provided in the Rules and Regulations), furnish such heating, ventilating and air conditioning. If Tenant receives such services, then Tenant shall pay, upon demand, an amount equal to Tenants proportionate share of the actual direct cost to Landlord in providing the heating, ventilating and air conditioning outside of normal business hours which Landlord and Tenant agree will be $25.00 per hour at this time (ii) Water for restroom and drinking purposes and access to restroom facilities; (iii) Elevator service for general office pedestrian usage if the Building is serviced by elevators; (iv) Relamping of building-standard light fixtures; (v) Washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (vi) Janitorial service five (5) times per week, except holidays. (b) Payment for Excess Utilities and Services. All services and utilities for the Premises not required to be furnished by Landlord pursuant to Section 16(a) shall be paid for by Tenant If Tenant requires, on a regular basis, water, heat air conditioning, electric current, elevator or janitorial service in excess of that provided for in Section 16(a), then Tenant shall first obtain the written consent of Landlord which consent may be withheld in Landlord's sole discretion. If Landlord consents to such excess use, Landlord may install an electric current or water meter (including, without limitation, any additional wiring, conduit or panel required therefor) to measure the excess electric current or water consumed by Tenant or may cause the excess usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). Tenant shall pay to Landlord upon demand (i) the cost of any and all water, heat, air conditioning, electric current, janitorial, elevator or other services or utilities required to be furnished to Tenant in excess of the services and utilities required to be furnished by Landlord as provided in Section 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 67 of 359 16(a); (ii) the cost of installation, maintenance and repair of any meter installed in the Premises; (iii) the cost of all electricity and water consumed by Tenant in connection with any dedicated heating, ventilating and/or air conditioning, computer power and/or air conditioning, telecommunications or other special systems of Tenant including any power usage other than through existing standard 110-volt AC outlets; and (iv) any reasonable cost incurred by Landlord in keeping account of or determining such excess utilities or services furnished to Tenant Landlord's failure to bill Tenant for any such excess utilities or services shall not waive Landlord's right to bill Tenant for the excess at a later time. (c) Temperature Balance. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, ventilating and air-conditioning systems in the Building to maintain temperatures that may be required for, or because of, any of Tenants equipment other than normal office equipment, such as personal computers, laser printers, copiers, dictating machines and other small equipment normally used in business offices, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (i) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises or the use of more than one personal computer per person, (ii) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (iii) an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Section 16(a), or (iv) any rearrangement of partitioning or other improvements, Landlord may install any equipment or modify any existing equipment (including the standard air conditioning equipment) Landlord deems necessary to restore the temperature balance. The cost of any such equipment, including without limitation, the cost of design and installation thereof, and the cost of operating, metering, maintaining or repairing the same, shall be paid by Tenant to Landlord upon demand. Tenant shall not install or operate window-mounted heating or air-conditioning units. (d) Special Electrical or Water Connections; Electricity Use. Tenant will not, without the prior consent of Landlord, which Landlord in its sole discretion may refuse, connect or use any apparatus or device in the Premises (i) using current in excess of 110 volts or (ii) which will cause the amount of electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount required for use of the Premises for ordinary general office purposes, as determined by Landlord, during normal business hours or (iii) which would cause Tenant's connected load to exceed any limits established in Section 16(a). Tenant shall not connect with electric current except through existing outlets in the Premises and shall not connect with water pipes except through existing plumbing fixtures in the Premises. In no event shall Tenant's use of electricity exceed the capacity of existing feeders to the Building or the risers or wiring installation, and Landlord may prohibit the use of any electrical equipment which in Landlord's opinion will overload such wiring or interfere with the use thereof by other tenants in the Building. If Landlord consents to the use of equipment requiring such changes, Tenant shall pay the cost of installing any additional risers, panels or other facilities that may be necessary to furnish energy to the Premises. Landlord will not permit additional coring of the floor of the Premises in order to install new electric outlets in the Premises unless Tenant furnishes Landlord with X-ray scans of the floor area where the Tenant wishes to place additional electrical outiets and Landlord, in its absolute discretion, is satisfied, on the basis of such X-ray scans and other information obtained by Landlord, that coring of the floor in order to install such additional outlets will not weaken the structure of the floor. (e) Landlord's Duties. Landlord shall not be in default under this Lease or liable for any damages resulting from, or incidental to, any of the following, nor shall any of the following constitute an actual or constructive eviction of Tenant, nor shall the Rent be abated by reason ot (i) failure to furnish or delay in furnishing any of the services described in this Section when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord, including the making of necessary repairs or improvements to the Premises or to the Building, (ii) any electrical surges or spikes, or (iii) failure to make any repair or to perform any maintenance, unless such failure shall persist for an unreasonable time after notice of the need for such repair or maintenance is given to Landlord by Tenant Landlord shall use reasonable efforts to remedy any interruption in the furnishing of such services. (f) Governmental Regulations. Any other provisions of this Section notwithstanding, if any governmental authority or utility supplier imposes any laws, controls, conditions, or other restrictions upon Landlord, Tenant or the Building, relating to the use or conservation of energy or utilities, mandated changes in temperatures to be maintained in the Premises or the Building or the reduction of automobile or other emissions (collectively, the "Controls"), or in the event Landlord is required or elects to make alterations to the Building in order to comply with the Controls, Landlord may, in its sole discretion, comply and may require Tenant to comply with the Controls or make such alterations to the Building in order to comply w'rth the Controls. Such compliance and the making of such alterations shall not constitute an actual or constructive eviction of Tenant, impose on Landlord any liability whatsoever, or entitle Tenant to any abatement of Rent 17. Indemnity. (a) Generally. Tenant shall defend, indemnify, and hold harmless Landlord, its officers, agents, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or loss of damage to property, which arises out of Tenants use of the Premises, or from the conduct of Tenants business, or from any activity, work or thing done, permitted, or suffered by Tenant in or about the Premises, except only such injury or damage as shall be deemed to have occured as a direct result of negligence by Landlord. 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 68 of 359 Landlord shall defend, indemnify, and hold harmless Tenant its officers, agents, officials, and employees from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or loss of damage to properly, which arises out of any damage to any persons or property occurring in, on or about the Premises or the Property resulting from the deliberate acts or omissions of Landlord or its authorized representatives, excluding any injury, death, loss or damage which arises as a result of Tenant's negligence. (b) Provisions Specifically Negotiated. LANDLORD AND TENANT ACKNOWLEDGE BY THEIR EXECUTION OF THIS LEASE THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS LEASE (SPECIFICALLY INCLUDING BUT NOT LIMITED TO THOSE RELATING TO WORKER'S COMPENSATION BENEFITS AND LAWS) WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY LANDLORD AND TENANT. 18. Exemption of Landlord from Liability. Neither Landlord, nor any of Landlord's agents or assigns shall be liable for injury to Tenants business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury resulting from conditions arising upon the Premises or upon other portions of the Building or the Property unless such injury or damage is determined to have been caused by direct negligence or misconduct of Landlord or its authorized representatives. 19. Commercial General Liability and Property Damage Insurance. Tenant at its cost, shall maintain commercial general liability insurance (including contractual liability) with liability limits of not less than $2,000,000 per occurrence, and $3,000,000 annual aggregate if the Premises contain less than 5,000 rentable square feet of space or $5,000,000 annual aggregate if the Premises contain 5,000 rentable square feet of space or more, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000. All such commercial general liability and property damage insurance shall insure performance by Tenant of the Indemnity provisions of Section 17 captioned "Indemnity". Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. 20. Tenant's Fire Insurance. Tenant at its cost, shall maintain on all of Tenants Alterations, Trade Fixtures and Personal Property in, on or about the Premises, a policy of standard All Risk fire insurance, in an amount equal to at least their full replacement cost. The proceeds of any such policy shall be used by Tenant for the restoration of Tenant's Alterations and Trade Fixtures and the replacement of its Personal Property. Any portion of such proceeds not used for such restoration shall belong to Tenant King County, a charter county government under the constitution of the State of Washington, hereinafter referred to as "Tenant', maintains a fully funded Self-Insurance program as defined in King County Code 4.12 for the protection and handling of the County's liabilities including injuries to persons and damage to property. Landlord acknowledges, agrees and understands that the Tenant is self-funded for all of its liability exposures. The Tenant agrees, at its own expense, to maintain, through its self-funded program, coverage for all of its liability exposures for this Lease Agreement. The Tenant agrees to provide the Landlord with at least thirty (30) days prior written notice of any material change in the County's self- funded program and will provide the Landlord with a certificate of self-insurance as adequate proof of coverage. Landlord further acknowledges, agrees and understands that the Tenant does not purchase Commercial General Liability Insurance and is a self-insured governmental entity; therefore the Tenant does not have the ability to add the Landlord as an additional insured. Should the Tenant elect cease self-insuring its liability exposures and purchase Commercial General Liability insurance, Tenant must add the Landlord as an additional insured and comply with all provisions of section 19. Property insurance As respects property damage, King County is protected from physical loss under the Tenants blanket property insurance policy. The policy is an "ALL Risk" policy that provides the Tenant with protection for all property in the Tenants care, custody or control, wherever located. 21. Waiver of Claims; Waiver of Subrogation Landlord and Tenant release each other, and their respective authorized representatives, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Building and to Tenants alterations, trade fixtures and personal property that are caused by or result from fire, lightning or any other perils normally included in an "all risk" property insurance policy whether or not such loss or damage is due to tiie negligence of Landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord and Tenant shall cause each property insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 22. Other Insurance Matters. All insurance required to be earned by Tenant under this Lease shall: (i) be issued by insurance companies authorized to do business in the State of Washington with a rating of A/VI or better as rated in the most recent edition of Bests Insurance Reports; (ii) be issued as a primary policy, and (iii) contain an endorsement requiring thirty (30) days' prior written notice from the insurance 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 69 of 359 company to both parties, to Landlord's Agent, and, if requested by Landlord, to Landlord's lender, before cancellation or change In the coverage, scope, or amount of any policy. Each policy or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord on or before the Commencement Date, and on renewal of the policy not less than ten (10) days before expiration of the term of the policy. 23. Destruction. (a) Insured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty that is covered by any insurance carried by Landlord covering the Building, rendering the Premises partially or totally inaccessible or unusable, Landlord shall restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, if (i) the insurance proceeds available to Landlord equal or exceed the cost of such restoration, (ii) in the opinion of a registered architect or engineer appointed by Landlord such restoration can be completed within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, and (iii) such restoration is permitted under then existing laws to be done in such a manner as to return the Premises, or the Building, as the case may be, to substantially the same condition as they were in immediately before such destruction. To the extent that the insurance proceeds must be paid to a mortgagee under, or must be applied to reduce any debt secured by, a mortgage covering the Property, the insurance proceeds shall be deemed not to be available to Landlord unless such mortgagee permits Landlord to use the insurance proceeds for such restoration. Such destruction shall not terminate this Lease. (b) Major or Uninsured Damage. If during the Term the Premises or the Building are partially or totally destroyed by any casualty and Landlord is not obligated under Section 23(a) captioned "Insured Damage" to restore the Premises or the Building, as the case may be, then Landlord may, at its election, either (i) restore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, or (ii) terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty (60) days after the date of such destruction of its election to restore the Premises or the Building, as the case may be, Landlord shall be deemed to have elected to terminate this Lease. If Landlord elects to restore the Premises or the Building, as the case may be, Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, provided, however, that such one hundred eighty (180) day period shall be extended by a period equal to any delays caused by Force Majeure, and such destruction shall not terminate this Lease. If Landlord does not complete such restoration within one (1) year following the date of such destruction, then Tenant may elect to terminate this Lease by giving written notice to such effect to Landlord within ten (10) days following the end of such one (1) year period. (c) Damage to the Building. If during the Term the Building Is partially destroyed by any casualty and if in the opinion of Landlord the Building should be restored in such a way as to materially alter the Premises, then Landlord may, at Landlord's election, terminate this Lease by giving notice to Tenant of Landlord's election to do so within sixty (60) days after the date of such destruction. (d) Extent of Landlord's Obligation to Restore. If Landlord is required or elects to restore the Premises as provided in this Section, Landlord shall not be required to restore alterations made by Tenant Tenants trade fixtures and Tenants personal property, such excluded items being the sole responsibility of Tenant to restore. (e) Abatement or Reduction of Rent In case of damage to, or destruction of, the Premises or the Building, the Minimum Monthly Rent shall be abated or reduced, between the date of destruction and the date of completion of restoration, by an amount that is in the same ratio to the Minimum Monthly Rent as the total number of square feet of the Premises that are so damaged or destroyed bears to the total number of square feet in the Premises. 24. Condemnation. If during the Term there is any taking of part or all of the Premises or the Building by condemnation, as decreed by a court of competent jurisdiction, then the rights and obligations of the parties shall be as follows: (a) Award. The entire award for the Premises, the Building and the Property, shall belong to and be paid to Landlord, Tenant hereby assigning to Landlord Tenants interest therein, if any, provided, however, that Tenant shall have the right to claim and recover from the condemnor compensation for the loss of any alterations made by Tenant, Tenants trade fixtures, Tenants personal property, moving expenses and business interruption. 25. Assignment and Subletting. (a) Landlord's Consent; Definitions. Tenant acknowledges that the Building is a mufti-tenant office building, occupied by tenants specifically selected by Landlord, and that Landlord has a legitimate interest in the type and quality of such tenants, the location of tenants in the Building and in controlling the leasing of space in the Building so that Landlord can better meet the particular needs of its tenants and protect and enhance the relative image, position and value of the Building in the office building market. Tenant further acknowledges that the rental value of the Premises may fluctuate during the Term in accordance with market conditions, and, as a result the Rent paid by Tenant under the Lease at any particular time may be higher or lower than the then market rental value of the Premises. Landlord and Tenant agree, and the provisions of this Section are intended to so provide, that, if Tenant voluntarily 10 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 70 of 359 assigns its interest in this Lease or in the Premises or subleases any part or all of the Premises, a portion of the profits from any increase in the market rental value of the Premises shall belong to Landlord. Tenant acknowledges that if Tenant voluntarily assigns this Lease or subleases any part or all of the Premises, Tenants investment In the subject portion of the Premises (specifically including, but not limited to, tenant improvements, good will or other assets) may be lost or reduced as a result of such action. (b) Consent Required. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any assignment encumbrance or sublease without Landlord's written consent shall be voidable and, at Landlord's election, shall constitute a default by Tenant under this Lease. In determining whether to approve a proposed assignment or sublease, Landlord shall place primary emphasis on the proposed transferee's reputation and creditworthiness, the character of the business to be conducted by the proposed transferee at the Premises and the affect of such assignment or subletting on the tenant mix in the Building. In addition, Landlord shall have the right to approve the specific form of any assignment or sublease agreement. In no event shall Landlord be obligated to consent to any assignment or subletting which increases (i) the Operating Costs, (ii) the burden on the Building services, or (iii) the foot traffic, elevator usage or security concerns in the Building, or creates an increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being unreasonably compromised or reduced (for example, but not exclusively, Landlord may deny consent to an assignment or subletting where the space will be used for a school or training facility, an entertainment sports or recreation facility, retail sales to the public (unless Tenant's permitted use is retail sales), a personnel or employment agency, a medical office, or an embassy or consulate or similar office). Landlord shall not be obligated to approve an assignment or subletting to (x) a current tenant of the Building or (y) a prospective tenant of the Building with whom Landlord is then negotiating. Landlord's foregoing rights and options shall continue throughout the entire term of this Lease. No consent to any assignment, encumbrance or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment, encumbrance or sublease shall be made without Landlord's prior written consent. Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease. Any personal guarantee(s) of Tenants obligations under this Lease shall remain in full force and effect following any such assignment or subletting. In addition to Landlord's other rights under this Section, Landlord may condition approval of an assignment or subletting hereunder on an increase in the amount of the Security Deposit or on receipt of personal guarantees of the assignee's or sublessee's obligations under this Lease, if Landlord approves of an assignment or subletting hereunder and this Lease contains any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building, such rights and/or options shall not run to the assignee or subtenant ft being agreed by the parties hereto that any such rights and options are personal to Tenant named herein and may not be transferred. (c) Conditions to Assignment or Sublease. Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not subject to Landlord's rights under this Section, be unreasonably withheld or delayed), and that the assignee or subtenant will comply with all of the provisions of this Lease and that Landlord may enforce the Lease provisions directly against such assignee or subtenant If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. If the Premises, or any part thereof, is sublet Landlord may, upon a default under this Lease, collect rent from the subtenant In either event Landlord may apply the amount collected from the assignee or subtenant to Tenants obligation to pay Rent under this Lease. Nothing in this subsection that preclude Landlord from pursuing Rent, fees, or other remedies from Tenant if the Tenants subtenant or assignee fails to comply with all the applicable provisions of the Lease or sublease. (d) Events Constituting an Assignment or Sublease. For purposes of this Section, the following events shall be deemed an assignment or sublease, as appropriate: (i) the issuance of equity interests (whether stock, partnership interests or otherwise) in Tenant, or any assignee or subtenant, if applicable, or any entity controlling any of them, to any person or group of related persons, in a single transaction or a series of related or unrelated transactions, such that, following such issuance, such person or group shall have Control (as defined below) of Tenant, or any assignee or subtenant, if applicable; or (ii) a transfer of Control of Tenant or any assignee or subtenant, If applicable, or any entity controlling any of them, in a single transaction or a series of related or unrelated transactions (including, without limitation, by consolidation, merger, acquisition or reorganization), except that the transfer of outstanding capital stock or other listed equity interests by persons or parties other than "insiders" within the meaning of the Securities Exchange Act of 1934, as amended, through the "over-the-counter" market or any recognized national or international securities exchange, shall not be included in determining whether Control has been transferred. "Control" shall mean direct or indirect ownership of fifty percent (50%) or more of all the legal and equitable interest in any business entity. (e) Processing Expenses. Tenant shall pay to Landlord the amount of Landlord's cost of processing each proposed assignment or subletting, including without limitation, reasonable attorneys' and other related fees, and the cost of Landlord's administrative, accounting and clerical time (collectively, "Processing Costs"), and the amount of all reasonable direct and indirect expense incurred by Landlord arising from the assignee or sublessee taking occupancy of the subject space, including without limitation, reasonable costs of freight elevator operation for moving of furnishings and trade fixtures, security service, janitorial and cleaning service, rubbish removal service, costs of changing signage, and costs of changing locks and making new keys (collectively, "Occupancy Costs"). Notwithstanding anything to the contrary 11 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 71 of 359 herein, Landlord shall not be required to process any request for Landlord's consent to an assignment or subletting until Tenant has paid to Landlord Three Hundred Dollars ($300.00), or Landlord's estimate of the Processing Costs and the Occupancy Costs, whichever is greater. (f) Consideration to Landlord. In the event of any assignment or sublease, whether or not requiring Landlord's consent Landlord shall be entitled to receive, as Additional Rent, one-half (1/2) of any consideration, including without limitation, payment for leasehold improvements paid for by Landlord, paid by the assignee or subtenant for the assignment or sublease and, in the case of sublease, the excess of the amount of rent paid for tiie sublet space by the subtenant over the total amount of Minimum Monthly Rent under Section 5 and Additional Rent under Sections 7 and 9. Upon Landlord's request Tenant shall assign to Landlord all amounts to be paid to Tenant by the assignee or subtenant and shall direct such assignee or subtenant to pay the same directly to Landlord. If there is more than one sublease under this Lease, the amounts (if any) to be paid by Tenant to Landlord pursuant to the preceding sentence shall be separately calculated for each sublease and amounts due Landlord with regard to any one sublease may not be offset against rental and other consideration due under any other sublease. (g) Procedures. If Tenant desires to assign this Lease or any interest therein or sublet all or part of the Premises, Tenant shall give Landlord written notice thereof designating the space proposed to be sublet and the terms proposed. If the proposed sublease covers the entire Premises and if the term of the proposed sublease (including any renewal terms) will expire during the final six (6) months of the Term (or if Tenant has exercised a renewal option, if any, then during the final six (6) months of the subject renewal period), then Landlord shall have the prior right and option (to be exercised by written notice to Tenant given within fifteen (15) days after receipt of Tenant's notice) (I) to terminate this Lease, or (ii) to approve Tenant's proposal to sublet conditional upon Landlord's subsequent written approval of the specific sublease obtained by Tenant and the specific subtenant named therein. If Landlord exercises its option described in (ii) above, Tenant shall submit to Landlord for Landlord's written approval Tenants proposed sublease agreement (in which the proposed subtenant shall be named) together with a current reviewed or audited financial statement prepared by a certified public accountant for such proposed subtenant and a credit report on such proposed subtenant prepared by a recognized credit reporting agency. If Landlord fails to exercise its option to terminate this Lease, this shall not be construed as or constitute a waiver of any of the provisions of this Section. If Landlord exercises its option to terminate this Lease, Landlord shall not have any liability for any real estate brokerage commission(s) or with respect to any of the costs and expenses that Tenant may have incurred in connection with its proposed subletting, and Tenant agrees to hold Landlord harmless from and against any and all claims (including, without limitation, claims for commissions) arising from such proposed subletting. Landlord's foregoing rights and options shall continue throughout the Term. For purposes of this Section, a proposed assignment of this Lease in whole or in part shall be deemed a proposed subletting of such space. (h) Documentation. No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a counterpart of the sublease in which the subtenant agrees to be and remain jointly and severally liable with Tenant for the payment of Rent pertaining to the sublet space and for the performance of all of the terms and provisions of this Lease; provided, however, that the subtenant shall be liable to Landlord for rent only in the amount set forth in the sublease. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenants obligations under this Lease arising on or after the date of the assignment. The failure or refusal of a subtenant or assignee to execute any such instrument shall not release or discharge the subtenant or assignee from its liability as set forth above. (i) No Merger. Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies or, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. 26. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of three (3) days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. (c) Other Defaults. Failure to perform any other provision of this Lease, 'rf the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant If the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30) days and diligently and in good faith continues to cure the default. (d) Appointment of Trustee or Receiver, The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenants interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. 12 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 72 of 359 27. Remedies. If Tenant commits a default, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law: (a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenants right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenants default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until tiie time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new tenant, including repairs or necessary alterations to the Premises for such reletting, (D) teasing commissions incident to reletting to a new tenant and (E) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts described in clauses (C) and (D) shall be amortized over the term of the new tenants lease, and Tenant shall only be liable to Landlord for the portion of such amounts attributable to the period prior to the Expiration Date of this Lease set forth in Section 1. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 27(b)(i) the "worth at the time of award" is computed by allowing interest at the rate of fifteen percent (15%) per year from the date of default As used in Subsections 27(b)(ii) and 27(b)(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of eight percent (8%) per year. 28. Bankruptcy. (a) Assumption of Lease. If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code") or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code, or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant as Debtor and as Debtor-In-Possession, may not elect to assume this Lease unless, at the time of such assumption, the Trustee or Tenant has: (i) Cured all defaults under the Lease and paid all sums due and owing under the Lease or provided Landlord with "Adequate Assurance" (as defined below) that (i) within ten (10) days from the date of such assumption, the Trustee or Tenant will completely pay all sums due and owing under this Lease and compensate Landlord for any actual pecuniary loss resulting from any existing default or breach of this Lease, including without limitation, Landlord's reasonable costs, expenses, accrued interest and attorneys' fees incurred as a result of the default or breach; (ii) within twenty (20) days from the date of such assumption, the Trustee or Tenant will cure all non-monetary defaults and breaches under this Lease, or, if the nature of such non-monetary defaults is such that more than twenty (20) days are reasonably required for such cure, that the Trustee or Tenant will commence to cure such non-monetary defaults within twenty (20) days and thereafter diligently prosecute such cure to completion; and (iii) the assumption will be subject to all of the provisions of this Lease. (ii) For purposes of this Section, Landlord and Tenant acknowledge that in the context of a bankruptcy proceeding involving Tenant at a minimum, "Adequate Assurance" shall mean: (i) the Trustee or Tenant has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Landlord that the Trustee or Tenant will have sufficient funds to fulfill the obligations of Tenant under this Lease; (ii) the Bankruptcy Court shall have entered an Order segregating sufficient cash payable to Landlord and/or the Trustee or Tenant shall have granted a valid and perfected first lien and security Interest and/or mortgage in or on property of Trustee or Tenant acceptable as to value and kind to Landlord, to secure to Landlord the obligation of the Trustee or Tenant to cure the monetary and/or non-monetary defaults and breaches under this Lease within the time periods set forth above; and (iii) the Trustee or Tenant at the very minimum, shall deposit a sum equal to two (2) month's Minimum Monthly Rent to be held by Landlord (without any allowance for interest thereon) to secure Tenant's future performance under the Lease. 13 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 73 of 359 (b) Assignment of Lease. If the Trustee or Tenant has assumed the Lease pursuant to the provisions of this Section for the purpose of assigning Tenants interest hereunder to any other person or entity, such interest may be assigned only after the Trustee, Tenant or the proposed assignee have complied with all of the terms, covenants and conditions of this Lease, including, without [imitation, those with respect to Additional Rent Landlord and Tenant acknowledge that such terms, covenants and conditions are commercially reasonable in the context of a bankruptcy proceeding of Tenant Any person or entity to which this Lease is assigned pursuant to the provisions of the Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon request execute and deliver to Landlord an instrument confirming such assignment. (c) Adequate Protection. Upon the filing of a petition by or against Tenant under the Code, Tenant, as Debtor and as Debtor-ln-Possession, and any Trustee who may be appointed agree to adequately protect Landlord as follows: (I) to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court; (ii) to pay all monetary obligations required under this Lease, including without limitation, the payment of Minimum Monthly Rent Tenants Share of Real Property Taxes, Tenants Share of Operating Costs and any other sums payable by Tenant to Landlord under this Lease which is considered reasonable compensation for the use and occupancy of the Premises; (iii) provide Landlord a minimum of thirty (30) days prior written notice, unless a shorter period is agreed to in writing by the parties, of any proceeding relating to any assumption of this Lease or any intent to abandon the Premises, which abandonment shall be deemed a rejection of this Lease; and (iv) to perform to the benefit of Landlord as otherwise required under the Code. The failure of Tenant to comply with the above shall result in an automatic rejection of this Lease. 29. Limitation of Actions. Any claim, demand, right or defense of any kind by Tenant which is based upon or arises in connection with this Lease or the negotiations prior to its execution, shall be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense by reason thereof, within three (3) years after the date Tenant actually becomes aware of the act or omission on which such claim, demand, right or defense is based. 30. Signs. Tenant shall not have the right to place, construct or maintain any sign, advertisement, awning, banner or other exterior decoration without Landlord's consent. Any sign that Tenant has Landlord's consent to place, construct and maintain shall comply with all laws, and Tenant shall obtain any approval required by such laws. Landlord makes no representation with respect to Tenant's ability to obtain such approval. Notwithstanding tiie foregoing, Landlord and Tenant have agreed to allow Tenant the right to install one (1) Exterior sign on the building, pursuant to the Rider attached hereto. 31. Landlord's Right to Enter the Premises. Landlord and its authorized representatives shall have the right to enter the Premises at reasonable times and upon reasonable prior notice (except in an emergency when no such notice shall be required) for any of the following purposes: (i) to determine whether the Premises are in good condition and whether Tenant is complying w'rth its obligations under this Lease, (ii) to do any maintenance; to make any restoration to the Premises or the Building that Landlord has the right or the obligation to perform, and to make any improvements to. the Premises or the Building that Landlord deems necessary, (iii) to serve, post or keep posted any notices required or allowed under the provisions of this Lease, (iv) to post any ordinary "For Sale" signs at any time during the Term and to post any ordinary "For Lease" signs during the last ninety (90) days of the Term, and (v) to show the Premises to prospective brokers, agents, purchasers, tenants or lenders, at any time during the Term. Landlord shall not be liable in any manner for any inconvenience, annoyance, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the Premises as provided in this Section, except damage resulting from the grossly negligent or willful acts of Landlord or its authorized representatives. Tenant shall not be entitled to an abatement or reduction of Rent 'rf Landlord exercises any right reserved in this Section. Landlord shall conduct its activities on the Premises as allowed in this Section in a reasonable manner so as to cause minimal inconvenience, annoyance or disturbance to Tenant 32. Subordination. This Lease is and shall be prior to any mortgage recorded after the date of this Lease affecting the Property. If, however, a lender requires that this Lease be subordinate to any mortgage, this Lease shall be subordinate to that mortgage if Landlord first obtains from the lender a written agreement that provides substantially the following; "As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the mortgage, and no steps or procedures taken under the mortgage, shall affect Tenants rights under this Lease. " Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the tender to accomplish the purposes of this Section. 33. Right to Estoppel Certificates. Tenant, within ten (10) business days after notice from Landlord, shall execute and deliver to Landlord, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect or in full force and effect as modified and stating the modifications. The certificate shall also state the amount of Minimum Monthly Rent, the dates to which Rent has been paid in advance, and the amount of any Prepaid Rent or Security Deposit and such other matters as Landlord may reasonably request Failure to deliver the certificate within such ten (10) business day period shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord, that this Lease is in full force and effect and has not been modified except as may be represented by Landlord requesting the certificate. 14 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 74 of 359 34. Transfer of Landlord's Interest. If Landlord sells or transfers the Properly, Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease if Landlord's successor has assumed in writing, for the benefit of Tenant Landlord's obligations under this Lease. If any Security Deposit or Prepaid Rent has been paid by Tenant Landlord shall transfer such Security Deposit or Prepaid Rent to Landlord's successor and on such transfer Landlord shall be discharged from any further liability with respect to such Security Deposit or Prepaid Rent. 35. Attorneys' Fees. If either party shall bring any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorneys' fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment 36. Surrender; Holding Over. (a) Surrender. On expiration or ten (10) days after termination of the Term, Tenant shall surrender the Premises and all Tenants improvements and alterations to Landlord broom clean and In good condition. Tenant shall remove all of its trade fixtures and personal properly, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenants trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenants trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenants failure to timely surrender the Premises. If Tenant, without Landlord's prior consent remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any time by either party. (b) Holding Over with Landlord's Consent. If Tenant with Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable by Landlord by a notice given to Tenant at least twenty (20) days prior to the end of any such monthly period or by Tenant by a notice given to Landlord at least thirty (30) days prior to the end of any such monthly period. During such month-to-month tenancy, Tenant shall pay Rent in the amount then agreed to in writing by Landlord and Tenant All provisions of this Lease, except those pertaining to term, shall apply to the month-to-month tenancy. 37. Agency Disclosure; Broker. (a) Agency Disclosure. GVA Kidder Mathews hereby discloses that it represents the Landlord and Tenant in this transaction. (b) Broker. Landlord and Tenant each represent to the other that neither is represented by any broker, agent or finder with respect to this Lease in any manner, except the Broker(s). The commission due to the Broker(s) shall be paid by Landlord pursuant to a separate agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all liability, costs, damages, causes of action or other proceedings instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in any manner whatsoever in connection with this Lease. If Tenant engages a broker, agent or finder to represent Tenant in connection with any renewal of this Lease, then the commission or any fee of such broker, agent or finder shall be paid by Tenant 38. Interest on Unpaid Rent In addition to the Late Charge as provided in Section 5(b), Rent not paid when due shall bear interest from the date due until paid at the rate of fifteen percent (15%) per year, or the maximum legal rate of interest whichever is less. 39. Landlord's Option to Relocate Tenant. Landlord shall have the option at any time to relocate Tenant upon not less than ninety (90) days advance written notice by Landlord to Tenant, to any floor of the Building in which the Premises are located so long as tiie square footage of the Premises leased hereunder is not reduced. Rent shall not be changed because of the relocation of Tenant notwithstanding 15 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 75 of 359 any increase in the square footage of the Premises to which Tenant is relocated unless the increase in square footage is caused by Tenants request for additional space. In the event Landlord gives Tenant written notice of the relocation of Tenant after Tenant and Landlord have commenced or completed the approved installation of partitioning or other improvements, Landlord shall furnish Tenant with similar partitioning or other improvements of equal quality in the Premises to which Tenant is relocated. Landlord shall pay expenses associated with relocation of existing telephones, existing office furniture, and existing equipment. 40. Definitions. As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: (a) "Additional Rent' means pass-throughs of increases in Operating Costs and Taxes, as defined in this Lease, and other monetary sums to be paid by Tenant to Landlord under the provisions of this Lease. (b) "Alteration" means any addition or change to, or modification of, the Premises made by Tenant, including without limitation, fixtures, but excluding trade fixtures as defined in this Section. (c) "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. (d) "Award" means ail compensation, sums or anything of value awarded, paid or received on a total or partial condemnation. (e) "Common Areas" means all areas outside the Premises and within the Building or on the Land that are provided and designated by Landlord from time to time for the general, non-exclusive use of Landlord, Tenant and other tenants of the Building and their authorized representatives, including without limitation, common entrances, lobbies, corridors, stairways and stairwells, elevators, escalators, public restrooms and other public portions of the Building. (f) "Condemnation" means the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor and a voluntary sale or transfer by Landlord to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. (g) "Condemnor" means any public or quasi-public authority or entity having the power of condemnation. (h) "Damage" means any injury, deterioration, or loss to a person, property, the Premises or the Building caused by another person's acts or omissions or by Acts of God. Damage includes death. (i) "Damages" means a monetary compensation or indemnity that can be recovered in the courts by any person who has suffered damage, to his person, property or rights through another's acts or omissions. (j) "Date of taking" means the date the condemnor has the right to possession of the property being condemned. (k) "Encumbrance" means any mortgage, deed of trust or other written security device or agreement affecting the Premises, and the note or other obligation secured by it that constitutes security for the payment of a debt or performance of an obligation. (I) "Expiration" means the coming to an end of the time specified in the Lease as its duration, including any extension of the Term. (m) "Force majeure" means strikes, lockouts, labor disputes, shortages of labor or materials, fire or other casualty, Acts of God or any other cause beyond the reasonable control of a party. (n) "Good condition" means the good physical condition of the Premises and each portion of the Premises, including without limitation, all of the Tenant Improvements, Tenant's alterations, Tenants trade fixtures, Tenants Personal Property, all as defined in this Section, signs, walls, interior partitions, windows, window coverings, glass, doors, carpeting and resilient flooring, ceiling tiles, plumbing fixtures and lighting fixtures, all of which shall be in conformity with building standard finishes, ordinary wear and tear, damage by fire or other casualty and taking by condemnation excepted. (o) "Hazardous substances" means any industrial waste, toxic waste, chemical contaminant or other substance considered hazardous, toxic or lethal to persons or property or designated as hazardous, toxic or lethal to persons or property under any laws, including without limitation, asbestos material or materials containing asbestos. (p) "Hold harmless" means to defend and indemnify from all liability, losses, penalties, damages as defined in this Section, costs, expenses (including without limitation, attorneys' fees), causes of action, claims or judgments arising out of or related to any damage, as defined in this Section, to any person or property. (q) "Law" means any constitution, statute, ordinance, regulation, rule, resolution, judicial decision, administrative order or other requirement of any federal, state, county, municipal or other governmental agency or authority having jurisdiction over the parties or the Property, or both, in effect either at the time 16 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 76 of 359 of execution of this Lease or at any time during the Term, including without limitation, any regulation or order of a quasi-official entity or body (e.g., board of fire examiners or public utilities) and any legally effective conditions, covenants or restrictions affecting the Property. (r) "Lender" means the mortgagee, beneficiary, secured party or other holder of an encumbrance, as defined in this Section. (s) "Lien" means a charge imposed on the Premises by someone other than Landlord, by which the Premises are made security for the performance of an act (t) "Maintenance" means repairs, replacement, repainting and cleaning. (u) "Mortgage" means any deed of trust mortgage or other written security device or agreement affecting the Premises, and the note or other obligation secured by it that constitutes security for the payment of a debt or performance of an obligation. (v) "Mortgagee" means the beneficiary under a deed of trust or mortgagee under a mortgage. (w) "Mortgagor" means the grantor or trustor under a deed of trust or mortgagor under a mortgage. (x) "Operating Costs" means all costs of any kind incurred by Landlord in operating, cleaning, equipping, protecting, lighting, repairing, replacing, heating, air-conditioning, maintaining and insuring the Property. Operating Costs shall include, without limitation, the following costs: (i) salaries, wages, bonuses and other compensation (including hospitalization, medical, surgical, retirement plan, pension plan, union dues, life insurance, including group life insurance, welfare and other fringe benefits, and vacation, holidays and other paid absence benefits) relating to employees of Landlord or its agents directly engaged in the operation, repair, or maintenance of the Property; (ii) payroll, social security, workers' compensation, unemployment and similar taxes with respect to such employees of Landlord or its authorized representatives, and the cost of providing disability or other benefits imposed by law or otherwise, with respect to such employees; (Iii) uniforms (including the cleaning, replacement and pressing thereof) provided to such employees; (iv) premiums and other charges incurred by Landlord with respect to fire, earthquake, other casualty, all risk, rent loss and liability insurance, any other insurance as is deemed necessary or advisable in the reasonable judgment of Landlord and, after the Base Year, costs of repairing an insured casualty to the extent of the deductible amount under the applicable insurance policy; (v) water charges and sewer rents or fees; (vi) license, permit and inspection fees; (vii) sales, use and excise taxes on goods and services purchased by Landlord in connection with the operation, maintenance or repair of the Property and Building systems and equipment; (viii) telephone, facsimile, messenger, express delivery service, postage, stationery supplies and other expenses incurred in connection with the operation, management, maintenance, or repair of the Property; (ix) property management fees and expenses; (x) repairs to and physical maintenance of the Property, including building systems and appurtenances thereto and normal repair and replacement of worn-out equipment, facilities and installations, but excluding the replacement of major building systems (except to the extent provided in (xvi) and (xvii) below); (xi) janitorial, window cleaning, security, extermination, water treatment rubbish removal, plumbing and other services and inspection or service contracts for elevator, electrical, HVAC, mechanical and other building equipment and systems or as may otherwise be necessary or proper for the operation or maintenance of the Property; (xii) supplies, tools, materials, and equipment used in connection with the operation, maintenance1 or repair of the Property; (xiii) accounting, legal and other professional fees and expenses; (xiv) painting the exterior or the public or common areas of the Building and the cost of maintaining the sidewalks, landscaping and other common areas of the Property; (xv) all costs and expenses for electricity, chilled water, air conditioning, water for heating, gas, fuel, steam, heat, lights, power and other energy related utilities required In connection with the operation, maintenance and repair of the Properly; (xvi) the cost of any Improvements which Landlord elects to capitalize made by Landlord to the Property during the Term in compliance with the requirements of any laws or regulation or insurance requirement with which the Property was not required to comply during the Base Year, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent (12%) per year, or the maximum legal rate of interest, whichever is less; (xvii) the cost of any improvements which Landlord elects to capitalize made by Landlord to the Property during the term of this Lease for the protection of the health and safety of the occupants of the Property or that are intended to reduce other Operating Costs, as reasonably amortized by Landlord, with interest on the unamortized balance at the rate of twelve percent (12%) per year, or the maximum legal rate of interest, whichever is less; (xviii) a reasonable reserve for repair or replacement of equipment used in the maintenance or operation of the Property; (xix) the cost of furniture, draperies, carpeting, landscaping and other customary and ordinary items of personal property (excluding paintings, sculptures and other works of art) provided by Landlord for use in common areas of the Building or in the Building office (to the extent that such Building office is dedicated to the operation and management of the Property), such costs to be amortized over the useful life thereof; (xx) Building office rent or rental value; and (xxi) all other costs which, in accordance with generally sound accounting and management principles used by Landlord, as applied to the maintenance and operation of office and/or retail buildings, are properly chargeable to the operation and maintenance of the Property. Operating Costs shall not include the following: (i) depreciation on the Building; (ii) debt service; (iii) capital improvements, except as otherwise provided in clauses (xvi) and (xvii) above, (iv) rental under any ground or underlying leases; (v) Real Property Taxes, (vi) attorneys' fees and expenses incurred in connection with lease negotiations with prospective tenants, or default or enforcement proceedings with respect to defaulting tenants; (vii) the cost of tenant improvements; (viii) advertising expenses; or (ix) real estate broker's or other leasing commissions. 17 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 77 of 359 (y) "Parties" means Landlord and Tenant. (z) "Party" means Landlord or Tenant. (aa) "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. (bb) "Property" means the Premises, Building and Land. (cc) "Provision" means any term, agreement, covenant condition, clause, qualification, restriction, reservation, or other stipulation in the Lease that defines or otherwise controls, establishes, or limits the performance required or permitted by either party. (dd) "Real Property Taxes" means any form of tax, assessment general assessment special assessment lien, levy, bond obligation, license fee, license tax, tax or excise on rent, or any other levy, charge or expense, together with any statutory interest thereon, (individually and collectively, the "Impositions"), now or hereafter imposed or required by any authority having the direct or indirect power to tax, including any federal, state, county or city government or any school, agricultural, lighting, drainage or other improvement or special assessment district thereof, (individually and collectively, the "Governmental Agencies") on any interest of Landlord or Tenant or both (including any legal or equitable interest of Landlord or its mortgagee, if any) in the Premises or the Property, including without limitation: (i) any Impositions upon, allocable to or measured by the area of the Premises or the Property, or the rental payable hereunder, including without limitation, any gross income tax or excise tax levied by any Governmental Agencies with respect to the receipt of such rental; or (ii) any Impositions upon or with respect to the possession, leasing, operation, management maintenance, alteration, repair or use or occupancy by Tenant of the Premises or any portion thereof; or (iii) any Impositions upon or with respect to the building equipment and personal property used in connection with the operation and maintenance of the Property or upon or with respect to the furniture, fixtures and decorations in the common areas of the Property. (iv) any Impositions upon this Lease or this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises; or (v) any Impositions by Governmental Agencies (whether or not such Impositions constitute tax receipts) in substitution, partially or totally, of any impositions now or previously included within the definition of real property taxes, including those calculated to increase tax increments to Governmental Agencies and to pay for such services as fire protection, water drainage, street sidewalk and road maintenance, refuse removal or other governmental services formerly provided without charge to property owners or occupants; or (vi) any and all costs, including without limitation, the fees of attorneys, tax consultants and experts, incurred by Landlord should Landlord elect to negotiate or contest the amount of such real property taxes in formal or informal proceedings before the Governmental Agency imposing such real property taxes; provided, however, that real property taxes shall in no event include Landlord's general income, inheritance, estate, gift or franchise taxes. (ee) "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, Additional Rent Prepaid Rent Security Deposit, all as defined in this Section, payments of Tenants Share of increases in Real Property Taxes and Operating Costs, insurance, utilities and other charges payable by Tenant to Landlord. (ff) "Rentable square feet of space" as to the Premises or the Building, as the case may be, means the number of usable square feet of space times the applicable R/U Ratio(s) as defined in this Section. (gg) "Restoration" means the reconstruction, rebuilding, rehabilitation and repairs that are necessary to return damaged portions of the Premises and the Building to substantially the same physical condition as they were in immediately before the damage. (hh) "R/U Ratio" means the rentable area of a floor of the Building divided by the usable area of such floor, both of which shall be computed in accordance with American National Standard Z65.1-1996 Method of Measuring Floor Space in Office Buildings as published by the Building Owners and Managers Association, as amended from time to time. (ii) "Substantially complete" or "substantially completed" or "substantial completion" means the completion of Landlord's construction obligation, subject to completion or correction of "punch list" items, that is, minor Items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenants use of the Premises for the Permitted Use. (jj) "Successor" means assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully, and pursuant to the provisions of this Lease, to the rights or obligations of either party. 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 78 of 359 (kk) 'Tenant Improvements" means (i) the improvements and alterations set forth in Exhibit C. (ii) window coverings, lighting fixtures, plumbing fixtures, cabinetry and other fixtures installed by either Landlord or Tenant at any time during the Term, and (iii) any improvements and alterations of the Premises made for Tenant by Landlord at any time during the Term. (II) 'Tenant's personal property" means Tenants equipment, furniture, and movable property (including cabling) placed in the Premises by Tenant. (mm) "Tenant's trade fixtures" means any property attached to the Premises by Tenant (nn) "Termination" means the ending of the Term for any reason before expiration, as defined in this Section. (oo) "Work" means the construction of any Improvements or alterations or the performance of any repairs done by Tenant or caused to be done by Tenant on the Premises as permitted by this Lease. 41. Miscellaneous Provisions. (a) Entire Agreement. This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. (b) Governing Law. This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. (c) Severability. Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. Jurisdiction, In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court in and for King County, Washington or in the United States District Court for the Western District of Washington and agree that in any such action venue shall lie exclusively at Seattle or Kent Washington (d) Waiver. No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or represenfaf/Ve of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. (e) Captions. Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. Notices. All notices or requests required or permitted under this Lease shall be in writing and sent by certified mail, return receipt requested, postage prepaid, or by messenger service to the addresses established for notice for both Tenant and Landlord. (f) Binding Effect Subject to the provisions of Section 25 captioned "Assignment and Subletting", this Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. No permitted assignment of this Lease or Tenants rights hereunder shall be effective against Landlord unless and until an executed counterpart of the instrument of assignment shall have been delivered to Landlord and Landlord shall have been furnished with the name and address of the assignee. The term 'Tenant" shall be deemed to include the assignee under any such permitted assignment Effectiveness. This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant (g) Gender and Number. As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. (h) Time of the Essence. Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. Signatures on following page 19 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 79 of 359 Dated the date first above written. Landlord: The City of Renton, Washington, a Washington municipal corporation By: Title: Date executed: By:_ Title: Date executed: Tenant: PMC Bancorp^ By: ^-^Za* Title: Date exf Bv: veatomjajgijjpxation ^-""_—-^=>=—'—*- i=igvf r scuted: ¥/U7/° Title: Date executed: By:_ Title: Date executed: This Lease has been prepared for submission to you and your attorney. GVA Kidder Mathews is not authorized to give legal or tax advice. Neither Landlord nor GVA Kidder Mathews makes any representations or recommendations as to the legal sufficiency, legal effect or tax consequences of this document or any transaction relating thereto. These are questions for your attorney with whom you should consult before signing the document to determine whether your legal rights are adequately protected. [Notary attached] 20 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 80 of 359 EXHIBIT A LEGAL DESCRIPTION 200 Mill Avenue Building THAT PORTION OF HENRY H. TOBIN DONATION LAND CLAIM LYING NORTH OF CANADIAN & PACIFIC RAILROAD RIGHT OF WAY AND EAST OF PLAT OF TOWN OF REON; LESS A PORTION BEGINNING AT THE SOWTHWEST CORNER; THENCE EASTERLY ALONG SOUTH LINE TO THE INTERSECTION WITH COMMERCIAL WATERWAY #2 RIGHT OF WAY; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY 53.88 FEET; THENCE SOUTH 42°-04'-00" WEST 34.10 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 470 FT. - 109.58 FEET ON AN ARC; THENCE SOUTH 63°-04'-00" WEST 191.62 FEET; THENCE SOUTH 39.53 FEET TO POINT OF BEGINNING. Situated in King County, Washington King County Tax Assessor's Account Number: 0000720-0050-08 LEGAL DESCRIPTION EXHIBIT A 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 81 of 359 EXHIBIT B FLOOR PLAN 400-.- 1-2AS-.ZO 4,290 SF 410- VftCfln^f 2,024 SF FOURTH FLOOR ...Lxrradt O N Suite 410 Approximately 2,024 rentable square feet Interior improvements may not be exactly as shown. FLOOR PLAN EXHIBIT B 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 82 of 359 EXHIBIT C WORK LETTER THIS WORK LETTER is made as of July 9, 2010 for the Lease between The City of Renton, Washington, a Washington municipal corporation ("Landlord"), and PMC Bancorp, a California corporation ('Tenant"). RECITALS: Landlord and Tenant have entered into a Lease dated of even date herewith (the •Lease") covering certain premises (Suite 410) located in the 200 Mill Avenue Building in Renton, Washington (the "Premises"). Landlord and Tenant set forth their agreement that Tenant has agreed to accept the Premises in their "AS IS" condition without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements or to provide any allowances excepting the following work: Landlord shall install a drywall closure for the office near the North side. Landlord shall repaint the office walls. Landlord shall shampoo the existing carpeting. Landlord will provide building standard signage for Tenant There are no other improvements to the Premises. WORK LETTER EXHIBIT C Pagel 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 83 of 359 EXHIBIT D RULES AND REGULATIONS 1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on any part of the exterior or in any area visible from the exterior of the Building without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Landlord shall have the right to remove, at Tenants expense and without notice, any sign installed or displayed in violation of this rule. All signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at the expense of Tenant At the expiration or termination of Tenants Lease, Tenant at Tenants sole cost and expense, shall remove all tenant-installed signage and repair and paint any and all damage resulting from installation and/or removal of said signage. 2. Tenant shall not install any curtains, blinds, shades, screens or hanging plants or other similar objects attached to or used in connection with any window or door of the Premises except building-standard drapes approved by Landlord. No awning shall be permitted on any part of the Premises. Tenant shall not place anything against or near glass partitions or doors or windows which may appear unsightly from outside the Premises. 3. Tenant shall not obstruct any sidewalks, lobbies, halls, passages, exits, entrances, elevators, or stairways of the Building. The halls, passages, exits, entrances, lobbies, elevators, and stairways are not open to the general public. Landlord shall in all cases retain the right to control and prevent access thereto of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, character, reputation and interest of the Building and its Tenants; provided that nothing herein contained shall be construed to prevent such access to persons with whom any Tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. No Tenant and no employee or invitee of any tenant shall go upon the roof of the Building without Landlord's prior written consent 4. The directory of the Building will be provided exclusively for the display of the name and location of tenants' business only, and Landlord reserves the right to exclude any other names therefrom. 5. All cleaning and janitorial services for the Building and the Premises, unless otherwise provided in the Lease, shall be provided exclusively through Landlord, and except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be employed by Tenant or permitted to enter the Building for the purpose of cleaning the same. Tenant shall not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. Landlord shall not in any way be responsible to any tenant for any loss of property on the Premises, however occurring, or for any damage to any tenants property by the janitor or any other employee or any other person. 6. Landlord shall furnish Tenant with appropriate number of keys to each door lock in the Premises and to the main entrance door of the Building. Landlord may make a reasonable charge for any additional keys. Tenant shall not make or have made additional keys, and Tenant shall not alter any lock or install a new additional lock or bolt on any door of its Premises. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to all doors which have been furnished to Tenant and in the event of loss of any keys so furnished, shall reimburse Landlord for the cost of any new lock(s) required due to such loss. 7. Tenant shall not install computer cabling, telephone, burglar alarm or similar services without Landlord's approval for installation of same. Upon termination of Tenant's tenancy, at Landlord's option, Tenant shall remove any equipment and/or services from the Premises and shall restore the Premises to its condition prior to such installation. 8. Freight elevatorfs), if any, shall be available for use by alt tenants in the Building, subject to such reasonable scheduling as Landlord in its discretion shall deem appropriate. No equipment materials, furniture, packages, supplies, merchandise or other property will be received in the Building or carried in the passenger elevators except between such hours and in such elevators as may be designated by Landlord. 9. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Landlord shall have the right to prescribe the weight, size and position of all equipment, materials, furniture or other property brought into the Building. Heavy objects shall, if considered necessary by Landlord, stand on such platforms as determined by Landlord to be necessary to properly distribute the weight of such objects. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein or to any tenants in the Building shall be placed and maintained by Tenant, at Tenants sole cost and expense, on vibration eliminators or other devices sufficient to eliminate noise or vibration. Landlord will not be responsible for loss of, or damage to, any such equipment or other property from any cause, and all damage done to the Building by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant 10. Tenant shall not use or keep in the Premises any kerosene, gasoline or inflammable or combustible fluid or material other than those limited quantities necessary for the operation or maintenance of office equipment Tenant shall not use or permit to be used in the Premises any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise, odors, or vibrations, nor shall Tenant bring into or keep in or about the Premises any animals, including dogs (except seeing-eye dogs). 11. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord. RULES AND REGULATIONS EXHIBIT D Pagel 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 84 of 359 12. Tenant shall not waste electricity, water or air conditioning, and Tenant agrees to cooperate fully with Landlord to assure the most effective operation of the Building's heating and air-conditioning system and to comply with any governmental energy-saving rules, laws or regulations, of which Tenant has actual notice, and shall refrain from attempting to adjust controls. Tenant shall keep corridor and exterior doors closed and shall close window coverings at the end of each business day. 13. The name of the Building is the 200 Mill Avenue Building. Landlord reserves the right, exercisable without notice and without liability to Tenant to change the name of the Building. 14. Landlord reserves the right to exclude from the Building between the hours of 6:00 p.m. and 7:00 a.m. the following day, or such other hours as may be established from time to time by Landlord, and on Sundays and legal holidays any person, unless that person is known to the person or employee in charge of the Building and has a pass or is properly identified. Tenant shall be responsible for all persons for whom it requests passes and shall be liable to Landlord for all acts of such persons. Landlord shall not be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. Landlord reserves the right to prevent access to the Building in case of invasion, mob, riot, public excitement or other commotion by closing the doors or by other appropriate action. 15. Tenant shall close and lock the doors of its Premises and entirely shut off all water faucets or other water apparatus, electricity, copiers and other office equipment, including coffee pots, etc., before Tenant and its employees leave the Premises. Tenant shall be responsible for any damage or injuries sustained by other tenants or occupants of the Building or by Landlord for noncompliance with this rule. 16. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant or employees or invitees of the tenant, who shall have caused it 17. Tenant shall not make any room-to-room solicitation of business from other tenants in the Building. Tenant shall not use the Premises for any business or activity other than that specifically provided for in Tenant's Lease. 18. Canvassing, soliciting and distribution of handbills or any other written material, and peddling in the Building are prohibited, and each tenant shall cooperate to prevent same. 19. Tenant shall not Install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building except as permitted In the Lease. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. 20. Landlord reserves the right to direct electricians as to where and how telephone, computer or other wiring or cabling are to be introduced to the Premises. Tenant shall not cut nor bore holes for wiring or cabling without Landlord's prior written consent, said consent shall not be unreasonably withheld. Tenant shall not affix any floor covering to the floor of the Premises in any manner except as approved by Landlord. Tenant shall repair any damage resulting from noncompliance with this rule. 21. Landlord reserves the right to exclude or expel from the Building any person who, in Landlord's judgment, is intoxicated or under the influence of alcohol or drugs or who is in violation of any of the Rules and Regulations of the Building. 22. Tenant shall store all its trash and garbage within its Premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. All garbage over and above normal (i.e., major-delivery wrappings, etc.) shall be at Tenants sole cost and expense. Tenant agrees to cooperate with Landlord in recycling programs as may be established from time to time by Landlord. 23. The Premises shall not be used for lodging nor for manufacturing of any kind, nor shall the Premises be used for any improper, immoral or objectionable purpose. No cooking shall be done or permitted by Tenant on the Premises, except that use by Tenant of Underwriters Laboratory approved equipment for brewing coffee, tea, hot chocolate and similar beverages, and microwave ovens shall be permitted; provided that such equipment and use is in accordance with all applicable federal, state, county and city laws, codes, ordinances, rules and regulations and does not cause objectionable odor. 24. Without the written consent of Landlord, Tenant shall not use the name of the Building in connection with or in promoting or advertising the business of Tenant except as Tenants address. 25. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. 26. Tenant assumes any and all responsibility for protecting its Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed. 27. The requirements of Tenant will be attended to only upon appropriate application to the office of the Building by an authorized individual. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord, and no employee of Landlord will RULES AND REGULATIONS EXHIBIT D Page 2 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 85 of 359 admit any person (Tenant or otherwise) to any office of the Building without specific instructions from Landlord. 28. Tenant and Tenant's employees shall not park vehicles in any parking areas designated by Landlord as reserved parking areas or as visitor parking areas. Tenant shall not park any vehicles in the Building parking areas other than automobiles, motorcycles, motor-driven or nonmotor-driven bicycles or four-wheeled trucks. 29. Tenant and Tenants delivery personnel shall utilize loading zones and delivery entrances for all deliveries. Any damage to the Building or Premises resulting from Tenant's deliveries shall be repaired at the sole cost and expense of tiie Tenant 30. Tenant and Tenants delivery personnel shall not use in any space or in the common areas of the Building any hand truck except those equipped with rubber tires and side guards or such other material- handling equipment as Landlord may approve. Tenant shall not bring vehicles of any other kind into the Building. 31. All moving of furniture or other equipment shall be done so as to have minimal impact on other tenants' and visitors' use of elevators, common areas, and parking facilities. 32. The Building is a nonsmoking building. 33. Landlord may waive any one or more of these Rules and Regulations for the benefit of Tenant or any other tenant, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of Tenant or any other tenant nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all of the tenants of the Building. 34. These Rules and Regulations are in addition to and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of any premises in the Building. 35. Landlord reserves the right to make such other and reasonable Rules and Regulations as, in its judgment, may from time to time be needed for safety and security, for care and cleanliness of the Building and for the preservation of good order therein. Tenant agrees to abide by all such Rules and Regulations hereinabove stated and any additional reasonable Rules and Regulations which are adopted. 36. Tenant shall be responsible for the observance of all of the foregoing Rules and Regulations by Tenants employees, agents, clients, customers, invitees and guests. Initials: •0C^ RULES AND REGULATIONS EXHIBIT D Page 3 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 86 of 359 Exhibit "E" Insurance Requirements For the City of Renton Please provide this document to your insurance agent The City of Renton requires the industry standard: • $1,000,000 Commercial General Liability, with $2,000,000 in the aggregate • $1,000,000 Auto Liability {Needed if a vehicle will be used in performance of wort This would include delivery of products to worksite) • $1,000,000 Excess Liability {if specified in contract) • Proof of Workers' Compensation coverage (provide the number) • $1,000,000 Professional Liability (if specified in contract) Requirements unique to the City of Renton: • Name the City of Renton as an Additional Insured and provide the endorsement page from the policy • Modify the cancellation clause to state: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder to the left." • Put descriptive text of the project in the "Description of Operations" box • The certificate holder must read: City of Renton ATTN: {City project manager name/dept provided by your insured} {Address provided by your insured} {City, State, Zip} 5g. ‐ Community Services Department recommends approval of a month‐ to‐month lease in the amount of $2,500 per month with PMC Bancorp for Page 87 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: City Center Parking Garage Fee Waivers Meeting: Regular Council - 27 Sep 2010 Exhibits: Fee Waiver Request Form - Fall Harvest Festival Fee Waiver Request Form - Tree Lighting Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Reneer, x6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Piazza Renton volunteers support the Fall Harvest Festival and the annual Tree Lighting at the Renton Piazza. Piazza Renton requests the waiver of parking fees for volunteers' vehicles that would otherwise be required at the City Center Parking Garage. The estimated fee waiver is $280.00 for the Fall Harvest Festival and $80.00 for the Tree Lighting. Staff recommends approval of these requests. STAFF RECOMMENDATION: Approve the parking fee waiver requests of $360.00 for the Fall Harvest Festival and Tree Lighting for Piazza Renton volunteers. 5h. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $360 for Fall Page 88 of 359 C:\Documents and Settings\dwagner.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\CSLQSMJ4\ReturntoRentonCar2010.doc CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Name of Group:Piazza Renton______ Group Contact Person: Linda Middlebrooks/Susan Bressler Contact Number: 206-772-4010/425-652-1259 Address:P.O. Box 1471, Renton, WA 98057 Email Address:lmidbk@aol.com Date of Event:10/19/10 Number in Party:70 volunteer workers ____ Location:Renton Piazza Type of Event:Fall Harvest Festival Staff Contact Name/Telephone:Peter Renner 425-430-6605 What is the total cost of the rental and applicable fees? 70 x $4 = $280.00 What is the cost of the fee waiver or reduction requested?$280.00 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: The Fall Harvest Festival is open to the public and provides free hands-on craft activities for children, space for crafters to sell goods, and free entertainment. Staff Recommendation: Waive the $280.00 parking fee for the Fall Harvest Festival Council Approval 5h. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $360 for Fall Page 89 of 359 C:\Documents and Settings\dwagner.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\CSLQSMJ4\ReturntoRentonCar2010.doc CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Name of Group:Piazza Renton______ Group Contact Person: Linda Middlebrooks/Pat Roland Contact Number: 206-772-4010/425-917-0173 Address:P.O. Box 1471, Renton, WA 98057 Email Address:lmidbk@aol.com Date of Event:12/4/10 Number in Party:20 volunteer workers ____ Location:Renton Piazza Type of Event:Tree Lighting Staff Contact Name/Telephone:Peter Renner 425-430-6605 What is the total cost of the rental and applicable fees? 20 x $2 = $40.00 What is the cost of the fee waiver or reduction requested?$40.00 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: The event is free to the public. It includes a visit from Santa, gifts for children, refreshments and a sing-along. Staff Recommendation: Waive the $40.00 parking fee for the annual Tree Lighting Council Approval 5h. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $360 for Fall Page 90 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fiber Optics Consortium Interlocal Agreements (3) Meeting: Regular Council - 27 Sep 2010 Exhibits: Fiber Optic Addendum #49 Fiber Optic Addendum #54 Fiber Optic Addendum #55 Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Mehdi Sadri, IT Director Recommended Action: Counil Concur. Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Should the City execute Interlocal Agreement Addendum #49, 54, and 55 which adds the cities of Tukwila, Algona, and Pacific as partners to the Fiber Consortium? Several years ago, the City joined the Fiber Consortium, a group of local government agencies comprised of local cities, hospitals, schools, and utilities. The attached Fiber Optic Addendum #49, 54, and 55 supplements the original agreement by adding the Cities of Tukwila, Algona, and Pacific to the Fiber Consortium as partners. By adding these additional partners, the number of partners is increased, spreading future potential costs of getting fiber to the other valley cities and Valley Communications Center. STAFF RECOMMENDATION: Approve Fiber Optic Addendums #49, 54, and 55 that adds the cities of Tukwila, Algona, and Pacific to the Fiber Consortium. 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 91 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 92 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 93 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 94 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 95 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 96 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 97 of 359 5i. ‐ Finance and Information Technology Department recommends approval of Addenda #49, #54, and #55 to CAG‐06‐097, Eastside Fiber Page 98 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Electronic Document and Records Management System Purchase Meeting: Regular Council - 27 Sep 2010 Exhibits: IP_Electronic Document _Records Mgmt System ECMS Contract Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Mehdi Sadri, Information Technology Director Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $58,928 Phase I Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$54,387.00 Total Project Budget: $ $58,924 City Share Total Project: $ $4,541.00 SUMMARY OF ACTION: In 2002, the City invested in a feasibility study for an Electronic Records Management system which indicated that the City has multiple systems with limited capabilities for document management and lacked a central system with full functionalities for electronic document management, records keeping, and workflow. In 2008, the City's Municipal Court applied for and was awarded grant funding through the Edward Byrne Memorial Justice Assistance Grant Program for imaging infractions and electronically filing and tracking them (grant total amount of $54,387.00). Recognizing the opportunity to use the project as a pilot determining feasibility for a system that can be used citywide, the Information Technology Division began a search for an electronic document and records management system with the objective to research, select, and implement a system which can handle document capture, electronic records management, electronic workflow, and capability to interface with other key systems in the City which meets the technology framework. The City issued an RFP on 05/13/10 and received nine responses. The top two vendors; VPCI/Laserfiche and Sire Technologies were invited to deliver on-site demonstrations. Each vendor was provided with a demo script designed to address the questions and concerns of the key departments (Court, City Clerk, Police, Public works, IT, and Finance). Vendors were ranked by points on a total of eight categories. VPCI/Laserfiche received a total of 1,006 points and Sire Technologies 874. Reference checks on both vendors indicated more government agencies were using VPCI/Laserfiche than Sire Technologies. The issue paper provides additional reference information. Both vendors were asked to provide Phase I costs to implement the Court solution as well as a Phase II cost that addresses records management functionality for the City Clerk's office. Phase I's purchase and implementation is funded by a JAG grant and $4,541 from the Information Technology fund. Phase II and beyond are requested as part of 2011/2012 budget. Please see attached for more details. STAFF RECOMMENDATION: Approve the purchase from VPCI/Laserfiche for an electronic document and records management system up to the amount of $58,928 and authorize the Mayor and City Clerk to sign the agreement. 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 99 of 359 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:September 8, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Iwen Wang, FIT Administrator STAFF CONTACT:Mehdi Sadri, IT Director SUBJECT:Electronic Document and Records Management System ISSUE Should the City purchase an electronic document and records management system? RECOMMENDATION Staff recommends the Council authorize the purchase of an electronic document and records management system from VPCI/Laserfiche for an amount not to exceed $58,928 and authorize the Mayor and City Clerk to sign the agreement. BACKGROUND Subsequent to the recommendations from the study made in 2002 (high level requirements for paperless technologies at City of Renton), Information Technology staff worked with key departments and their staff to assess their core requirements for an electronic document and records management system followed by a Request for Proposals (RFPs) in May of 2010. The RFP included over 150 questions and specific requirements for the preferred system, but in general the core requirements were; ·Capability to capture and store various types of documents and records from variety of sources. ·Capability to intuitively store and organize records/documents, and advanced search and retrieval tools. ·Incorporate enhanced security capabilities to separate documents by department, groups, users, individual records and documents, portions of a document, and enhanced transaction logging. ·Meet State and Federal electronic records certification requirements. ·Capability of automating and creating workflow around documents capable to track versions and generate notifications. ·Capability to purchase and expand licenses, modules, and interfaces to various other City systems as needed. Representatives from the core departments reviewed and rated the responses to the RFP and scored them based on their specific business needs as well as general requirements. Responses5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 100 of 359 Don Persson, Council President Members of the Renton City Council Page 2 of 4 September 8, 2010 were then tallied and the top two vendors were invited on-site for further review, questions and answers, systems demonstrations, and to display specific functionalities based on scenarios important to the City. Following is a combined summary of the staff’s evaluation and scores: Functionality VPCI/Laserfiche Sire Technologies Document Capture Both systems have comparable scanning and image cleanup functions VPCI/Laserfiche demonstrated the full functionality of image cleanup and was ranked as the leader in this area. (191) Better Sire Technologies described the full functionality available that would be used, demonstrating only the basic document capture ranking. Sire was second in this area.(168)Good Document Access and Retrieval VPCI/Laserfiche was able to demonstrate all the functions ranking second in this area due to user interface. (152) Good The Sire interfaces as demonstrated for search and retrieval were more straightforward ranking it as the leader in this area. (163) Better Security The interface and depth of functionality demonstrated ranked VPCI/Laserfiche second in this area. (86) Good The straightforward interface and depth of security configuration ranked Sire as the leader in this area. (100) Better Electronic Records Management The strength of VPCI/Laserfiche’s experience in Electronic Records Management certification particularly in Washington State made VPCI/Laserfiche the leader in this area. (321) Better The system as demonstrated has comparable functionality for Electronic Records Management; however the lack of demonstrated knowledge and customer references ranked Sire second. (209) Good Work-Flow Both systems have similar functionality around workflow and rules definitions. The interface for VPCI/Laserfiche is less standard and seemed to be more difficult to use, resulting in a second place ranking in this area. (76) Good Sire’s use of the Visio interface to define workflow and the ease at viewing the stage of an action resulted in the leading rank in this area. (81)Better Other Functions- Digital Signatures, Redactions VPCI/Laserfiche was able to demonstrate wide flexibility in this area resulting in the leading rank. (46)Better While functionality was comparable, Sire ranked second in this area, due to lack of demonstrating the actual functionality. (41) Good Specific Workflow Scenarios (Each vendor was provided with three scenarios to present during the demonstration.) VPCI/Laserfiche was able to demonstrate to the users each scenario in a proper context ranking as the leader in this area. (81) Better Sire was not as effective at demonstrating the specific areas to the users thereby ranking second in this area(58) Good Technical Including Interfaces VPCI/VPCI/Laserfiche was able to demonstrate a JIS interface which is important for phase I for Court; VPCI/Laserfiche has more integration tools for government applications. (53) Good Sire was able to demonstrate better functionality around file folder structures and talk about network storage. (54) Good Implementation VPCI/VPCI/Laserfiche has recommended implementation days of 14.5 with 6.5 of those being onsite with the remaining items being conducted remotely. Better Sire has recommended implementation days of 7 with an unspecified number of those days being onsite vs. remote. Sire did make a statement that implementation and training days can be interchangeable based on what we would like to have happen. Good Training VPCI has recommended 3.5 training days which reportedly is reflective of the ease of use of the system from both administrative and end user perspectives. Good Sire has recommended 8 training days - 4 each for administrators and end users trainings which reportedly allows for more user comfort and confidence. Good Reference Checks (Reference checks were performed on both customers. In general customers are happy with the vendor they have selected.) VPCI/Laserfiche users tended to be live on the system sooner than Sire users. This appears to be reflective of the attention that is paid to the implementation process as well as the experience of the VPCI staff. Better Anecdotal indications are that VPCI/Laserfiche has more application interfaces than the newer SIRE product. Specific mention was made of the Eden interface to VPCI/Laserfiche. The primary difficulties mentioned were related to scanner technology, not the back end servers, networks, and databases of support systems. Good Total Numeric Rank Total Points = 1006/ overall rating - Better Total Points = 874 Overall rating = Good Electronic Records/Document management systems Component/Implementation Cost Comparison 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 101 of 359 Don Persson, Council President Members of the Renton City Council Page 3 of 4 September 8, 2010 VCPI/LaserFiche Phase I Court/Police - DMS Pilot Sire Phase I Court/Police DMS Pilot VCPI/LaseFiche Phase II City Clerk/Rcords Management Sire Phase II City Clerk/Rcords Mgmnt ITEMS Item Qty Total Item Qty Total Item Qty Total Item Qty Total Software License Fees Core Module $6,50 0 1 $6,500 $10,500 1 $10,500 $4,50 0 1 $4,500 Client Licenses- Full $750 15 $11,25 0 $750 15 $11,250 $750 2 $1,500 $750 2 $1,500 Capture/import/Scan agent $1,79 5 1 $1,795 $2,495 1 $2,495 $2,495 1 $2,495 JIS Integration $7,50 0 1 $7,500 $5,000 1 $5,000 Total Software $27,04 5 $29,245 $6,000 $3,995 Software Maintenance Fees Core Module $1,35 0 1 $1,350 $2,100 1 $2,100 $850 1 $850 Client Licenses- Full $150 15 $2,250 $150 15 $2,250 $150 2 $300 $300 2 $600 Capture/import/Scan agent $424 1 $424 $449 1 $449 $499 1 $499 JIS Integration $1,50 0 1 $1,500 $1,000 1 $1,000 Total yearly Maintenance $5,524 $5,799 $1,150 $1,099 Services Implementation Project Management $1,30 0 1 $1,300 $1,350 2 $2,700 $500 1 $500 Installation (Server & wks) $2,00 0 1 $2,000 $1,350 1 $1,350 Configuration of folders $1,28 0 2 $2,560 $1,350 1 $1,350 $1,28 0 2 $2,560 $1,350 1 $1,350 Workflow definition and config $1,28 0 4 $5,120 $1,350 4 $5,400 $1,28 0 4 $5,120 JIS Integration $1,28 0 1.25 $1,600 $1,350 1 $1,350 Total Implementation $12,58 0 $12,150 $8,180 $1,350 Airfare/MILEAGE $550 0.59 $322 $400 2 $800 $550 0.6 $322 $400 1 $400 Per Diems $225 10 $2,250 $200 7 $1,400 $225 5 $1,125 $200 1 $200 Total Travel $2,572 $2,200 $1,447 $600 Training End User(1) $1,28 0 1.5 $1,920 $1,350 2 $2,700 $1,28 0 1 $1,280 $1,350 1 $1,350 Administrator(1) $1,28 0 0.5 $640 $1,350 4 $5,400 Onsite End User $1,350 1 $1,350 Total Training $2,560 $9,450 $1,280 $1,350 Total Services 11.3 $17,71 2 16 $23,800 8 $10,90 7 2 $3,300 Discounts $12,000 Software and Services Totals $44,75 7 $41,045 $16,90 7 $7,295 SW, Services & Maint. Totals $50,28 1 $46,844 $18,05 7 $8,394 Total Phase I & II incl. Maint. VCPI/LaseFiche Sire $68,338 $55,238 $13,100 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 102 of 359 Don Persson, Council President Members of the Renton City Council Page 4 of 4 September 8, 2010 Staff conclusions: ·The basic document and records management functions and capabilities of both systems are comparable. Sire Technologies has better workflow, VPCI/Laserfiche has better automation tools. ·Sire’s pricing is better with the given discount. ·VPCI/Laserfiche has more experience in this market, especially with local and county government. ·VPCI/Laserfiche system has better records management/retention capabilities and existing sites that are certified for electronic records management. ·VPCI/Laserfiche has more experience working with cities and counties and has implemented/developed various interfaces and solutions that integrated their document/records management system with other city applications (courts, financial, permitting). ·Staff is able to draw more from other cities and agencies whom have already implemented these systems by selecting VPCI/Laserfiche. Cc: Jay Covington, CAO Marty Wine, Assistant CAO Iwen Wang, FIT Administrator Mehdi Sadri, IT Director 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 103 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 104 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 105 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 106 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 107 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 108 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 109 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 110 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 111 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 112 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 113 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 114 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 115 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 116 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 117 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 118 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 119 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 120 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 121 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 122 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 123 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 124 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 125 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 126 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 127 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 128 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 129 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 130 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 131 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 132 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 133 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 134 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 135 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 136 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 137 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 138 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 139 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 140 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 141 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 142 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 143 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 144 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 145 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 146 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 147 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 148 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 149 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 150 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 151 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 152 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 153 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 154 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 155 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 156 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 157 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 158 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 159 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 160 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 161 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 162 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 163 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 164 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 165 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 166 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 167 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 168 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 169 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 170 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 171 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 172 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 173 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 174 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 175 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 176 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 177 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 178 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 179 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 180 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 181 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 182 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 183 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 184 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 185 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 186 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 187 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 188 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 189 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 190 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 191 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 192 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 193 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 194 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 195 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 196 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 197 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 198 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 199 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 200 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 201 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 202 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 203 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 204 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 205 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 206 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 207 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 208 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 209 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 210 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 211 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 212 of 359 5j. ‐ Finance and Information Technology Department recommends approval of a contract in the amount of $58,928 with VPCI/Laserfiche to Page 213 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adoption of 2009 International Fire Codes Meeting: Regular Council - 27 Sep 2010 Exhibits: Issue Paper Proposed Ordinance: RMC 4-5-050 through 4-5-140 Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: David Pargas, Assistant Fire Marshal 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 International Fire and Building Codes were developed by the International Code Conference and the 2009 version was adopted by the State effective July 1, 2010. It carries editorial changes and section changes. In order to maintain the provisions of the previous adoptions, the City must adopt the new fire and building codes. The major changes to the fire code are detailed below. The changes and local amendments to the building code are outlined in a separate issue paper from the Community and Economic Development Department. l Emergency Preparedness – Requirements for planning and materials needed in evacuation. l Standby Power Retrofit for I-1 & I-2 Occupancies l Emergency Responder Radio Coverage l Retrofit I-2 Occupancies with Sprinklers l Class IIIB Flammable and Combustible Liquids – Clarifies permitting of IIIB liquids and exempts 1 & 2 family homes from permit requirements. l Hot Works – Requires a temporary permit for any hot work using an open flame and notification when the work is completed. l Retail Occupancies – Requires sprinklers in any retail occupancy that displays or sells upholstered furniture or mattresses and are greater than 5,000 square feet in size. l Elevators – All new buildings with elevators will be equipped with at least one elevator capable of holding a bariatric gurney. STAFF RECOMMENDATION: Approve the proposed Code changes with local amendments and adopt the related ordinance. 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 214 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 215 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 216 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 217 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 218 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 219 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 220 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 221 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 222 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 223 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 224 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 225 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 226 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 227 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 228 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 229 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 230 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 231 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 232 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 233 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 234 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 235 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 236 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 237 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 238 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 239 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 240 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 241 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 242 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 243 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 244 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 245 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 246 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 247 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 248 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 249 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 250 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 251 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 252 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 253 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 254 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 255 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 256 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 257 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 258 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 259 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 260 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 261 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 262 of 359 5k. ‐ Fire and Emergency Services Department recommends adoption of the 2009 International Fire Code with City amendments. Council Page 263 of 359 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: South 3rd Street and Shattuck Avenue South Intersection Safety Improvements Project CAG 09-139 EnD General Construction, Inc. Meeting: Regular Council - 27 Sep 2010 Exhibits: Final Pay Estimate Department of Revenue Notice of Completion Department of Labor and Industries Notice of Completion Submitting Data: Dept/Div/Board: Public Works Staff Contact: James Wilhoit, Project Manager (Extension 7319) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $577.77 Final Pay Estimate Transfer Amendment: $N/A Amount Budgeted: $ $466,138.93 Revenue Generated: $N/A Total Project Budget: $ $466,138.93 City Share Total Project: $ SUMMARY OF ACTION: The project started on October 26, 2009, and was completed on September 7, 2010. The original contract amount was $325,826.56. The final contract amount is $466,138.93. Change orders 1 through 5 added a total of $109,798.37 to the contract amount, including the overlay work. Increases in quantities added $30,514.00. All costs are within the respective program budgets. STAFF RECOMMENDATION: Authorize payment of the final pay estimate in the amount of $577.77, and accept completion of the project and release retainage for the full project in the total amount of $23,306.95 after 60 days, subject to the required authorization. 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 264 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 265 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 266 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 267 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 268 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 269 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 270 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 271 of 359 5l. ‐ Transportation Systems Division submits CAG‐09‐139, S. 3rd. St. & Shattuck Ave. S. Intersection Safety Improvements; and requests Page 272 of 359 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING THE AMENDED SHORELINE MASTER PROGRAM AND DIRECTING THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO FORWARD THE DOCUMENTS COMPRISING THE SHORELINE MASTER PROGRAM TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR APPROVAL. WHEREAS, the people of the State of Washington enacted the Shoreline Management Act (RCW 90.58) by a vote of the people in 1971; and WHEREAS, the Growth Management Act (RCW 36.70A.480) adds the goals and policies of the Shoreline Management Act as set forth in RCW 90.58.020 as one of the goals of the Growth Management Act without creating an order of priority; and WHEREAS, the Shoreline Management Act (RCW 90.58.080) provides a timetable that requires the City to amend its master program by December 1, 2009, and the City received a grant from the Department of Ecology to support the update process; and WHEREAS, the City developed a comprehensive public involvement plan that provided widespread public notice and held periodic public workshop meetings and public hearings with the Planning Commission between Spring 2008 and Spring 2010 and City Council meetings in 2010; and WHEREAS, the City developed a Shoreline Inventory and Characterization document and distributed it for agency and public review and compiled and responded to comments and issued a final document in March 2010; and 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 273 of 359 RESOLUTION NO. WHEREAS, the City developed a series of technical memoranda on specific topics relevant to the Shoreline Master Program and held a series of public workshops on the documents and compiled and responded to comments; and WHEREAS, the City issued a Draft Shoreline Master Program in July 2009 and considered and responded to government agency and public comments and prepared a Revised Draft Shoreline Master Program in October 2009, December 2009, February 2010, March 2010, June 2010 and September 2010; and WHEREAS, the City issued a Draft Cumulative Impacts Analysis in July 2009 and considered and responded to government agency and public comments and prepared a Revised Cumulative Impacts Analysis in October 2009 and a Final Cumulative Impacts Analysis in March 2010; and WHEREAS, the City issued a Draft Restoration Plan in October 2009 and considered and responded to government agency and public comments and issued a Final Restoration Plan in March 2010 with minor corrections in June 2010; and WHEREAS, the City Environmental Review Committee issued a Determination of Non- Significance on the proposed Shoreline Master Program on May 10, 2010; and WHEREAS, such modification and integration of the Shoreline Master Program is intended to protect and provide for the public interest; and WHEREAS, once the City approves the Shoreline Master Program, it will be sent to the Washington State Department of Ecology for review and approval, a process which may entail further changes and amendments to the documents of the Shoreline Master Program; and 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 274 of 359 RESOLUTION NO. WHEREAS, upon Department of Ecology approval, the City will adopt the Shoreline Master Program by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. This resolution is supported by the following conclusions based on the adopted findings: A. The City followed its established public participation program; B. Revisions are needed to the Shoreline Master Program; C. All development standards within the attached documents, were reviewed and found to be in compliance with the Shoreline Management Act; and D. The amendments to the Shoreline Master Program are intended to provide for the management of the shorelines of the City by planning for and fostering all reasonable and appropriate uses. This policy is designed to ensure the development of the City's shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while generally protecting public rights of navigation and corollary rights incidental thereto. E. The Cumulative Effects Analysis for the Shoreline Master Program demonstrates that the program will make a positive contribution to maintaining and enhancing the ecological functions of the shorelines in Renton, particularly in reference to near-shore habitat that is 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 275 of 359 RESOLUTION NO. critical for an early life-cycle stage for Chinook salmon that are currently listed pursuant to the Endangered Species Act. F. Projects vested to the regulations and development standards prior to the adoption of the ordinance are not subject to these standards unless substantial modification of the project is proposed which result in new application for development of the project. SECTION III. The City Council approves the Shoreline Master Program, which is comprised of the documents and proposed amended code provisions attached hereto as Exhibits A-D, and directs the Department of Community and Economic Development to forward the following documents to the State Department of Ecology for review and approval: Exhibit A: Shoreline Management Element of the Comprehensive Plan Exhibit B: Shoreline Environment Overlays Map Exhibit C: Shoreline Restoration Plan Exhibit D: Amended Code Provisions: • RMC 4-3-090, Shoreline Master Program Regulations; • RMC 4-8-120C, Submittal Requirements for Land Use Applications; • RMC 4-8-120D, Definitions of Terms Use in Submittal Requirements for Building, Planning, and Public Works Permit Applications; • RMC 4-9-190, Shoreline Permits; • RMC 4-10-095, Shoreline Master Program, Nonconforming Uses, Activities, Structures, and Sites; and • Chapter 4-11 RMC Definitions. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 276 of 359 RESOLUTION NO. _ APPROVED BY THE MAYOR this day of. , 2010. Approved as to form: Denis Law, Mayor Lawrence J. Warren, City Attorney RES:1465:6/30/10:scr 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 277 of 359 Exhibits are on file at the City Clerk's office 7a. ‐ Approve the amended Shoreline Master Program and direct forwarding to the Washington State Department of Ecology (See 6.a.) Page 278 of 359 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (KENDALL ANNEXATION; FILE NO. A-09- 006). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about January 26, 2010. WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on or about May 20, 2010, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development the City of Renton having considered and recommended the annexing of the property to the City of Renton; and 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 279 of 359 ORDINANCE NO. WHEREAS, the City Council fixed June 21, 2010, as the time and place for a public hearing in the City Council Chambers, City Hall, Renton, Washington, on the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notice, a public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of August 24, 2010; and WHEREAS, the City of Renton pre-zoned the annexation site R-4, four units per net acre, as part of the East Renton Plateau Prezone Ordinance No. 5254 and that zoning will become effective upon annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 280 of 359 ORDINANCE NO. Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) days after publication of this Ordinance; and on and after that date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 27-acres, is bordered by the existing City limits to the east, with Avenue Southeast 128th Street at the north, 158th Avenue Southeast at the west, and Southeast 132nd at the south.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. 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 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 281 of 359 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1663:9/3/10:scr 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 282 of 359 EXHIBIT A KENDALL ANNEXATION LEGAL DESCRIPTION Those portions of the Northeast and Northwest quarters of Section 14, and the Southeast and Southwest quarters of Section 11, all in Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the intersection of the northerly right of way margin of SE 128th Street and the west line of Lot 16, Block 3, Assessor's Plat of White Fence Ranch, as recorded in Volume 65 of Plats, page 6, records of King County Washington in said Southwest quarter of Section 11, said intersection also being a point on the existing City Limits of the City of Renton as annexed by City of Renton Ordinance No. 4829; Thence easterly along said northerly right of way margin, leaving said City Limits, to an intersection with the northerly extension of the easterly right of way margin of 158th Ave SE in said Southeast quarter of Section 11; Thence southerly along said northerly extension and along said easterly right of way margin, crossing SE 128th Street, to an intersection with the easterly extension of the south line of the 16' alley lying between Blocks 2 and 3, Renton Boulevard Tracts, as recorded in Volume 17, page 60, said records, in said Northeast quarter of Section 14; Thence westerly along said easterly extension and said south line, crossmg 158th Ave SE, to an intersection with the easterly right of way margin of 156th Ave SE; Thence southerly along said easterly right of way margin, to an intersection with the easterly extension of the north line of King County Lot Line Adjustment No. 984076, as recorded under King County Recording No. 8410010783; Thence westerly along said easterly extension and said north line, crossing 156th Ave SE, to the northwest corner of Lot 1 of said lot line adjustment in said Northwest quarter; Thence southerly along the westerly line of said lot line adjustment, to the southwest corner thereof; Thence continuing southerly along the southerly extension of said westerly line, crossing SE 132" Street, to an intersection with the southerly right of way margin of said SE 132nd Street; Thence westerly along said southerly right of way margin and the westerly extension thereof, crossing a portion of 152nd Ave SE, to a point on the existing City Limits of the City of Renton as annexed by City of Renton Ordinance No. 4760; 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 283 of 359 Thence generally northerly, easterly and northerly along the various courses of the existing City Limits of the City of Renton as annexed by City of Renton Ordinance Nos. 4760, 5064 and 4829 to the Point of Beginning. 7a. ‐ Approving the Kendall Annexation (See 5.c.) Page 284 of 359 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician June 24, 2009 N 200 400 DFeet 1:3600 Produced by City of Renton (c) 2009, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Kendall Annexation Vicinity Map EZ2 Kendall Annexation Boundary City Limits LTJ PAA Boundary CZH Renton Parcels Fie Name: :\GED\Plsnning\GIS\G!S_projec(K\artnexafions\ kra i!_an nex\mxd s\ 1m ke ndaii_ann ox_y ie In ity, mxd 7 a . ‐ A p p r o v i n g t h e K e n d a l l A n n e x a t i o n ( S e e 5 . c . ) P a g e 2 8 5 o f 3 5 9 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-5-050, INTERNATIONAL BUILDING CODE, OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADOPT BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL BUILDING CODE, TOGETHER WITH THE CITY'S AMENDMENTS THERETO, TO DECRIMINALIZE AND MAKE VIOLATIONS OF THE INTERNATIONAL BUILDING CODE CIVIL INFRACTIONS, TO ADD REGULATIONS RELATING TO ELEVATORS, AND TO AMEND REGULATIONS RELATING TO SPRINKLER REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-5-050A, Adoption, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. ADOPTION: The "International Building Code," 2006 2009 Edition, as published by the "International Code Council, Inc.," as amended by chapter 51-40 WAC, is hereby adopted by reference. SECTION II. Subsection 4-5-050D, City Amendments to the International Building Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. CITY AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 286 of 359 ORDINANCE NO. 1. Dangerous Buildings: Section 1156 of the International Building Code (relating to Dangerous Buildings) is hereby repealed and in its place the City has adopted RMC 4-5-060 and 4-9-050, Abatement of Dangerous Buildings. 2. Violations and Penalties: Section 113 of the International Building Code (relating to Violations and Penalties) is hereby amended by substituting in its stead the following language: Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3-42. 3. Liability Claims: Section 104.8 of the International Building Code (relating to Liability Claims) is hereby amended by substituting in its stead RMC 4-1-090, Liability. 4. Appeals Board: The Appeals Board for purposes of Section 1123 of the International Building Code shall be the Community and Economic Development Administrator or designee. 5. Off Site Improvomonts: Section 105.3 of tho International Building Code (relating to Installation of Off Site Improvomonts) is horoby amended by substituting in its stead RMC 4-4 030D, Off Site Improvements. Repealed. 6. Standpipe Requirements: Section 905.3 of the International Building Code is amended to read as follows: a. 905.3.1, Building Height: Class III standpipe systems shall be installed throughout a building where the floor level of the highest story is located more than twenty feet (20') feet above the lowest level of the fire department vehicle 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 287 of 359 ORDINANCE NO. access, or where the floor level of the lowest story is located more than twenty feet (20') feet below the highest level of fire department vehicle access. Exceptions: (4}L_c'ass I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 or 903.3.1.2. 424 ii. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') feet above the lowest level of fire department vehicle access. (34iii- Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5. {44 iv. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. (5)\A_Group R-3 does not require standpipes. b. 905.3.78, High Rise Building Standpipes: Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches (6^jm. Two, two and one half inches (2-l/2")-4fb hose connections shall be provided on every intermediate floor level landing in every required stairway unless otherwise approved by the fire code official. Where pressure reduction valves (PRV) are required, each hose connection shall be provided with its own 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 288 of 359 ORDINANCE NO. PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 7. Dry Standpipes: Section 905.8 of the International Building Code is amended to read as follows: Dry standpipe when approved by the fire code official are acceptable in other than high-rise buildings. 8. Elevator car size: Section 3002.4 of the International Building Code is amended to read as follows: 3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be a minimum of eighty inches (80") wide with a center-opening door and shall be of such a size and arrangement to accommodate an ambulance stretcher forty inches (40") by eighty-four inches (84") (1,016 mm by 2,134mm) with not less than five (5)-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (Star of life). The symbol shall not be less than three inches (3") (76 mm) high and shall be placed inside on both sides of the hoist way door frame. SECTION III. Subsection 4-5-050E, City Amendments to the IBC Relating to Sprinkler Requirements, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 289 of 359 ORDINANCE NO. Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows E. CITY AMENDMENTS TO THE IBC RELATING TO SPRINKLER REQUIREMENTS: 1. Chapter 9: The following sections of eChapter 9 of the 20059 International Building Code are amended to read as follows: al. Section 903.2, Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this Section. All newly constructed buildings with a gross square footage of 12,000 five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses within an aggregate area of all connected townhouses equaling 427000-five thousand (5,000) square feet or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than 12,000 five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exceptions: EL One time additions to Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this Section. b. One- and two-family dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 290 of 359 ORDINANCE NO. When not required by other provisions of this Chapter, a fire extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Sections 504.2, 506.3 and Table 601. b2. Section 903.2.1.1, Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: (4) a. The gross floor area exceeds 12,000 five thousand (5,000) square feet; (2) b. The fire area has an occupant load of three hundred (300) or more; 434 c. The fire area is located on a floor other than the level of exit discharge; or 444 d. The fire area contains a multi theater complex. €3. Section 903.2.1.2, Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one (1) of the following conditions exists: 44) jL_The gross floor area exceeds five thousand (5,000) square feet; 424 b. The fire area has an occupant load of one hundred (100) or more; or 434 c. The fire area is located on a floor other than the-ajevel of exit discharge service such occupancies. 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 291 of 359 ORDINANCE NO. d4. Section 903.2.1.3, Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 44)a. The gross floor area exceeds 12,000 five thousand (5,000) square feet; 424 b. The fire area has an occupant load of three hundred (300) or more; or 434-c. The fire area is located on a floor other than the a level of exit discharge service such occupancies. Exception: Aroas usod exclusively as participant sports areas whoro tho main floor aroa is located at the same lovol as tho lovol of exit dischargo of tho main ontranco and exit. e5. Section 903.2.1.4, Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 444 a. The gross floor area exceeds 12,000 five thousand (5,000) square feet; 424 b. The fire area has an occupant load of three hundred (300) or more; or 434-c. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 292 of 359 ORDINANCE NO. Exception: Areas used exclusively as participant sports aroas whoro the main floor aroa is located at the samo lovol as the level of exit discharge of the main entrance and exit. 6. Section 903.2.1.5, Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1.000) square feet. 7. Section 903.2.2. Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time: a. Four (4) or more care recipients are incapable of self preservation. b. One (1) or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy. f-8. Section 903.2.2, Group E. An automatic sprinkler system shall be provided for Group E occupancies whoro tho gross floor aroa exceeds 12,000 square foot- as follows: a. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area- fa. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. Exception: 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 293 of 359 ORDINANCE NO. Portable school classrooms, provided aggregate area of clusters of portable school classrooms does not exceed five thousand (5,000) square feet; and clusters of portable school classrooms shall be separated as required m Chapter 5 of by the building code. (2) Basements: An automatic sprinkler system shall be installed in basements classified as a Group E Occupancy when the basement is larger than fifteen hundred (1,500) square feet in floor area. When not required by other provisions of this chapter, a fire extinguishing system installed in accordance with NFPA 13 may bo used for increases and substitutions allowed in Section 501.2, 506.3, and Table 601 of the building code. (3) Throughout all nowly constructed Group E Occupancios having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting tho requirements of NFPA 13 shall bo provided. (4) Stairs: An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group E Occupancies. g9. Section 903.2.34, Group B, F, H-and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, H-or S occupancy with over twelve five thousand (425,000) square feet of gross floor area. 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 294 of 359 ORDINANCE NO. 10. Section 903.2.4.1, Woodworking Operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 11. Section 903.2.5, Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Sections 903.2.5.1 through 903.2.5.3. 12. Section 903.2.5.1, General. An automatic sprinkler system shall be installed in Group H occupancies. 13. Section 903.2.5.2, Group H-5 Occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION Fabrication areas Service corridors Storage rooms without dispensing OCCUPANCY HAZARD CLASSIFICATION Ordinary Hazard Group 2 Ordinary Hazard Group 2 Ordinary Hazard Group 2 10 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 295 of 359 ORDINANCE NO. Storage rooms with dispensing Corridors Extra Hazard Group 2 Ordinary Hazard Group 2 14. Section 903.2.5.3 Pyroxylin Plastic. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or Pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 15. Section 903.2.6, Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilites. h-16. Section 903.2.67, Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: 444 a. Where a Group M gross floor area exceeds 42 five thousand {5,0001 square feet; 424 b. Where a Group M fire area is located more than three (3) stories above grade plane; ©f 434 c Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 42 five thousand (5,000) square feetr; or d. A Group M occupancy is used for display and sale of upholstered furniture. 11 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 296 of 359 ORDINANCE NO. 17. Section 903.2.7.1. High-piled Storage. An automatic sprinkler system shall be provided as required in Chapter 23 in all buildings of Group M where storage of merchandise is high-piled or rack storage arrays. il8. Section 903.2.78, Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: Group R-l if all of the following conditions apply: a. The Group R fire area is no more than five hundred (500) Square feet and is used for recreational use only. b. The Group R fire area is on only one (1) story. c. The Group R fire area does not include a basement. d. The Group R fire area is no closer than thirty (30) feet from another structure. e. Cooking is not allowed within the Group R fire area. f. The Group R fire area has an occupant load of no more than eight (8). g. A hand held (portable) fire extinguisher is in every Group R fire area. }19. Section 903 is amended by adding Sections 903.2.78.1 and 903.2.78.2 to read as follows: Section 903.2.7.1 - Group R-3 occupancy. When the occupancy has over twelve five thousand (425,000) square feet of gross floor area. Section 903.2.7.2 - Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor 12 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 297 of 359 ORDINANCE NO. area of all dwelling units exceeds twelve five thousand (425,000) square feet. For the purpose of this subsection, portions of buildings separated by one (H or more firewalls will not be considered a separate building. 20. Section 903.2.9, Group S-l. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-l occupancy where one of the following conditions exists: a. A Group S-l fire area exceeds five thousand (5,000) square feet. b. A Group S-l fire area is located more than three (3) stories above grade plane. c. The combined area of all Group S-l fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. d. A Group S-l fire area used for the storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 21. Section 903.2.9.1, Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: a. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. b. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. c. Buildings with repair garages servicing vehicles parked in basements. 13 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 298 of 359 ORDINANCE NO. e. A Group S-l fire area used for the repair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 22. Section 903.2.9.2, Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 23. Section 903.2.10, Group S-2 Enclosed Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 of the International Building Code as follows: a. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet: or b. Where the enclosed parking garage is located beneath other groups- Exception: Enclosed parking garages located beneath Group R-3 occupancies. 24. Section 903.2.10.1, Commercial Parking Garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 25. Section 903.2.11, Specific building areas and hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. 14 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 299 of 359 ORDINANCE NO. 26. Section 903.2.11.1, Stories Without Openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds one thousand five hundred (1,500) square feet and where there is not provided at least one (1) of the following types of exterior wall openings: a. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed fifty feet (50'). b. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed fifty feet (50'). 27. Section 903.2.11.1.1, Opening Dimensions and Access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. 15 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 300 of 359 ORDINANCE NO. 28. Section 903.2.11.1.2, Openings on One Side Only. Where openings in a story are provided on only one side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or openings as specified above shall be provided on at least two sides of the story. 29. Section 903.2.11.1.3, Basements. Where any portion of a basement is located more than seventy-five feet (75') from openings required by Section 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. 30. Section 903.2.11.2, Rubbish and Linen Chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes extending through three (3) or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Chute sprinklers shall be accessible for servicing. 31. Section 903.2.11.3. Buildings Fifty-Five Feet (55') or More in Height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty-five feet (55') or more above the lowest level of fire department vehicle access- Exception: Airport control towers. 32. Section 903.2.11.4, Ducts Conveying Hazardous Exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be 16 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 301 of 359 ORDINANCE NO. provided in ducts conveying hazardous exhaust, flammable or combustible materials- Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 33. Section 903.2.11.5, Commercial Cooking Operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 34. Section 903.2.11.6, Other Required Suppression Systems. In addition to the requirements of Section 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 35. Section 903.2.12, During Construction. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. 36. Section 903 is amended by adding Section 903.2.13, to read as follows: Section 903.2.13, Automatic Sprinklers Systems in New Buildings: a. Section 903.2.13.1 - A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers, such sprinkler system shall be designed, installed and tested as per Section 903.3. 17 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 302 of 359 ORDINANCE NO. b. Section 903.2.13.2 - A fully automatic fire protection sprinkler system may be required by the Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet total gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC U.L., ISO, etc.) verify that hazardous contents, critical exposure problems, limited accessibility to the building, or other items may contribute to a definite hazard. k. Section 903 is amended by adding Section 903.2.14, to road as follows: 903.2.14 Automatic Sprinklers Systems in Now Buildings: (4)—Section 903.2.14.1 - A fully automatic fire protection sprinkler system is to bo installed in all now buildings in excess of twolvo thousand (12,000) square feet total gross floor area, regardless of vortical or horizontal fire barriers, such sprinkler system shall bo designed, installed and tested as per Section 903.3. (2-)—Section 903.2.14.2 - A fully automatic fire protection sprinkler system may bo required by the Chief of tho Fire Department or the Firo Code Official for buildings less than twelve thousand (12,000) square foot total gross floor aroa when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC U.L., ISO, etc.) verify that hazardous contents, critical exposure problems, limited accessibility to tho building, or other items may contribute to a definite hazard. 18 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 303 of 359 ORDINANCE NO. 137. Section 903 is amended to add a new Section 903.2.154 to read as follows: Section 903.2.154-Sprinkler Systems in Remodeled Buildings: (4) a. Section 903.2.154.1 - When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. (3) b^ Section 903.2.154.2 - When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds twelve five thousand (425,000) square feet, then the entire structure shall be fully sprinklered. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 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 19 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 304 of 359 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1656:8/10/10:scr 20 7b. ‐ Adopting the 2009 International Building Code with City amendments (See 5.d.)Page 305 of 359 CITY OF RENTON, WASHINGTON ORDINANCE NO. . AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS. OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO UPDATE EDITIONS OF ADOPTED CODE, TO DECRIMINALIZE AND MAKE VIOLATIONS OF CHAPTER 4-5 RMC CIVIL INFRACTIONS, AND TO REPEAL SECTIONS 4-5-060, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND 4-5-080, UNIFORM HOUSING CODE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-5-051, Washington State Energy Code and Washington State Ventilation and Indoor Quality Code Adopted, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-5-051 WASHINGTON STATE ENERGY CODE AND WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE ADOPTED: The 2006 Washington State Energy Code as adopted by the state of Washington, Second Edition (chapter 51-11 WAC), and 2006 Washington State Ventilation and Indoor Air Quality Code, Second Edition (chapter 51 13 WAC), afe-Js hereby adopted by reference. SECTION II. Subsections 4-5-055A, Adoption, 4-5-055B, Applicability, and 4-5-055C, State Amendments to the International Residential Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 7c. ‐ Adopting updated editions of State and International Code with City amendments (See 5.d.)Page 306 of 359 ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: A. ADOPTION: The "International Residential Code," 20069 Edition, as published by the "International Code Council, Inc.," as amended by chapter 51-40 WAC, is hereby adopted by reference. B. APPLICABILITY: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3- -12. C. STATE AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The International Residential Code, 20059 Edition, as amended by chapter 51-40 WAC, is hereby adopted by reference and as an amendment to the International Residential Code and shall supersede conflicting sections of the International Residential Code. SECTION III. Sections 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, and 4-5-080, Uniform Housing Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby repealed. 7c. ‐ Adopting updated editions of State and International Code with City amendments (See 5.d.)Page 307 of 359 ORDINANCE NO. SECTION IV. Subsection 4-5-090A, International Mechanical Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. ADOPTION: The "Uniform Mechanical Code, 20069 Edition," as published by the "International Code Council," as amended by chapter 51-42 WAC, is hereby adopted by reference. SECTION V. Subsection 4-5-100C, Violations and Penalties, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. VIOLATIONS AND PENALTIES: The first paragraph of Section 108.4 of the IFGC, relating to violations and penalties, is amended by substituting in its stead the following language: Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3- 42. SECTION VI. Subsection 4-5-110A, Adoption, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7c. ‐ Adopting updated editions of State and International Code with City amendments (See 5.d.)Page 308 of 359 ORDINANCE NO. A. ADOPTION: The Uniform Plumbing Code, 20069 Edition, as published by the "International Association of Plumbing and Mechanical Officials," and chapters 51-56 and 51-57 WAC, are hereby adopted by reference. SECTION VII. Section 4-5-140, Violation of this Chapter and Penalties, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-5-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors civil infractions subject to RMC 1-3- 42. SECTION VIII. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 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 7c. ‐ Adopting updated editions of State and International Code with City amendments (See 5.d.)Page 309 of 359 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1659:8/16/10:scr 7c. ‐ Adopting updated editions of State and International Code with City amendments (See 5.d.)Page 310 of 359 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-5-070B, ADOPTION OF FIRE CODE AND STANDARDS, AND 4-5- 070C, AMENDMENTS AND ADDITIONS TO THE FIRE CODE, OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADOPT BY REFERENCE THE 2009 INTERNATIONAL FIRE CODE WITH THE CITY'S AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-5-070B, Adoption of Fire Code and Standards, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. ADOPTION OF FIRE CODE AND STANDARDS: The City does hereby adopt the 290€ 2009 International Fire Code and Appendices B, H and J published by the International Code Council, by reference as provided by State law, with the amendments, deletions or exceptions as noted herein. SECTION II. Subsection 4-5-070C, Amendments and Additions to the Fire Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. AMENDMENTS AND ADDITIONS TO THE FIRE CODE: 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 311 of 359 ORDINANCE NO. 1. Subsection 101.1, Title, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as "this code." Any references to "this jurisdiction" shall be references to the City of Renton, Washington. 2. Subsection 101.2, Scope, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subp-aftsection 56, to read as follows: 5 6. Matters related to preparedness for natural or manmade disasters. 3. Subsection JQ2S102J, Referenced codes and standards, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 102.6 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 47, except the phrase "Electrical Code adopted by the City of Renton" shall be substituted for all references to the ICC Electrical Code NFPA 70-08 National Electrical Code. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the Fire Code Official. In the event the referenced codes are inconsistent with this €code, this Gcode shall apply. 4. Subsection 103.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 103.1 General. All references in this code to the "department of fire prevention within the jurisdiction" shall be synonymous with the Fire and Emergency Services Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 5. Subsection 103.3, Deputies, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Fire Marshal/Deputy(s)/Assistant(s)," and to read as follows: 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 312 of 359 ORDINANCE NO. 103 3 Fire Marshal/Deputy(s)/Assistant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Marshal(s) and/or Assistant Fire Marshal(s), other related technical officers, inspectors and other employees. 6. Section 103.4.1, Legal defense, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 103.4.1 Legal defense. The administrative authority or any employee performing duties in connection with the enforcement of this code and acting in good faith and without malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said administrative authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such administrative authority or employee, said claim or judgment shall be paid by the City. 7. Subsection 104.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 104 11 Discretionary authority. The Fire Chief/Emergency Services Administrator, Fire Marshal, Deputy and/or Assistant Fire Marshal(s) and Inspectors assigned to the Community Risk Reduction section shall have the authority and discretion to enforce this code. 104.1.2 Ministerial authority. Members of the Fire and Emergency Services Department who are not assigned to the Community Risk Reduction section of the department shall exercise authority as designated by the Fire Chief/Emergency Services Administrator in department policy or as described in this code. 8. Subsection 104.10.1, Assistance from other agencies, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official or his/her designee. 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 313 of 359 ORDINANCE NO. 9. Subsection 104.11.2, Obstructing operations, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 104.11.2 Obstructing operations. No person shall obstruct the operations of the Fire and Emergency Services Department in connection with extinguishment, control, or investigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services Department. 10. Subsection 105.1.1, Permits required, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with section 105.6 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in RMC 4 1150 the City of Renton Fee Schedule Brochure, Fire Prevention Fees. Fees for tank storage shall be assessed for each individual tank. Exception: Permit fees for Class 1MB liquid storage shall be assessed for each tank up to a total of five tanks, and no additional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class 1MB liquids shall be assessed per tank. The permits shall expire one (1) year after date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal notice, the fee for the permit shall be double the amount of the above-stated fee. 11. Subsection 105.3.2, Extensions, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The Fire Code Official is authorized to grant, in writing, one (1) or more extensions of 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 314 of 359 ORDINANCE NO. the time period of a permit for periods of not more than one hundred eighty {1801 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. 12. Subsection 105.4.1, Submittals, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 105.4.1.42 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.12. 105.4.1.23 Plan review and construction fees. Construction plans required to be reviewed by this Chapter and the International Fire Code shall be charged in accordance with RMC 1 1 150, Tire Prevention Feos the City of Renton Fee Schedule Brochure. 13. Subsection 105.6.16. Flammable and combustible liquids, of the International Fire Code. 2009 Edition, is hereby amended to read as follows: 105.6.16 Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) or nor does it apply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building or in excess often (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat. mobile power plant or mobile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. 2.2 The storage of use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than thirty (30) days. 3. To store, handle or use Class II or Class MIA liquids in excess of twentv-five (25) gallons (95 L) in a building or in excess of sixty (60) gallons (227L) outside a building, except for fuel oil used in connection with oil-burning equipment in single-family and duplex dwellings. 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 315 of 359 ORDINANCE NO. 4. To store, handle or use Class 1MB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IMA or 1MB combustible liquids are produced, processed transported, stored, dispensed or used. 7. To place temporarily out of service (for more than ninety (90) days) an underground, protected above-ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments. 14. Subsection 105.6.23 Hot work operations, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 105.6.23 Hot works operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure- Exception deleted. 3. Fixed-site hot work equipment such as welding booths. 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 316 of 359 ORDINANCE NO.. A Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this Chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 76. these permits shall be issued only to their employees or hot work operations under their supervision. £345. Subsection 105.634, Places of Assembly, of the International Fire Code, 2QQ6 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 105.6.34.1 Temporary place of assembly/special event permit. An operational permit is required for any special event where three hundred (3001 or more people will congregate, either outdoors or indoors, in other than a Group A Occupancy. 4416. Subsection 105.7.7, Hazardous materials, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 105.7.7 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two {2l_working days of commencement of work. 4517. Subsection 107.1, Maintenance of safeguards, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 317 of 359 ORDINANCE NO. 107.1.1 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire and Emergency Services Department is dispatched, a report of the false alarm will be recorded for the building or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per RMC 4 1 150 the City of Renton Fee Schedule Brochure. 4618. Subsection 108.1, Board of appeals established, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Hearing Examine^ and amending to read as follows: 108.1 Hearing Examiner. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hearing Examiner process established by the City of Renton shall have authority. 4719. Subsection 108.3, Qualifications, of the International Fire Code, 2006 2009 Edition, is hereby deleted. 4820. Subsection 109.2, Notice of violation, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 109.2 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 4921. Subsection 109.2.1, Service, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 109.2.1.1 Reinspection. Whenever the Fire and Emergency Services Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condition or violation still in existence, a "Subsequent Reinspection" will be required. 109.2.1.2 Reinspection Fee. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall be done only upon require the 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 318 of 359 ORDINANCE NO. payment of a reinspection fee as specified in RMC 4 1 150, Fire Prevention Foes the City of Renton Fee Schedule Brochure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This reinspection fee must be paid within ten (10) days of the notice for the reinspection. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an extension of said thirty (30) days period for a reasonable period to be established by the Fire Code Official to allow such time for compliance. The request for an extension must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 2022. Subsection 109.2.2, Compliance with orders and notices, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 109.2.2.1 Notice and Responsibility. Whenever the infraction, condition or violation involves the structural integrity of the building, then the notice of the infraction, condition or violation shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code so as to remedy the infraction, condition or violation require additions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infraction, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. Should the occupant not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the premises. 2423. Subsection 109.3, Violation Penalties, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070C.42 and 96 86. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 319 of 359 ORDINANCE NO. 2224. Subsection 111.4, Failure to comply, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, subject to RMC 1-3-1. 2325. Section 202, General Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the definitions of "Fire Chief" and "Fire Code Official" to read as follows: FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR. The administrator charged with the overall direction and oversight of the City of Renton's emergency services including community risk reduction, fire/rescue services, emergency medical services and emergency management, and shall include all references in this code to the "fire chief/'. FIRE CODE OFFICIAL. The Fire Chief/Emergency Services Administrator, who shall be the chief law enforcement officer with respect to this code. 2426. Section 202, General Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding the following definitions: AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. SHALL. The word "shall" is defined to have the following meaning: a. With respect to the functions and powers of the Fire Code Official, any agents and employees of the City of Renton, and any Board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; and b. With respect to the obligations upon owners, occupants of the premises and their agents, there is a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure to so act. SPECIAL EVENT. For the purposes of this code, events that have large occupant loads or create a potential hazard to the participants or the community shall be defined as a "special event" including: 10 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 320 of 359 ORDINANCE NO. a. Any event that occurs in a permitted place of assembly that introduces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assembly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assembly. TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as "Assembly Group A" that is used for activities normally restricted to assembly occupancies and limited to a period of less than thirty (30) calendar days of assembly use. 2527. Subsection 307.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Department of Ecology regulations. 2628. Subsection 307.2, Permit required, of the International Fire Code, 2006 2009 Edition, is hereby deleted. 27. Subsection 308.3.1, Open flame cooking devices, of tho International Firo Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 308.3.1.2 Flaming Food and Bovoragos Preparation. The preparation of flaming foods or bovoragos in places of assembly and drinking or dining establishments shall bo in accordanco with this section. 308.3.1.2.1 Dispensing. Flammable or combustible liquids used in tho preparation of flaming foods or bovoragos shall bo dispensed from one of tho following: i. A 1 ounce (29.6 ml) container, or ii. A container not oxcoeding 1 quart (946.5 ml) capacity with controlled pouring device that will limit the flow to a 1 ounce (29.6 ml) serving. 308.3.1.2.2 Containers Not in Use. Containers shall be secured to prevent spillage when not in use. 11 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 321 of 359 ORDINANCE NO. 308.3.1.2.3 Serving of Flaming Food. The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. Tho pouring, ladling or spooning of liquids is restricted to a maximum height of eight (8) inches (203 mm) above the receiving receptacle. 308.3.1.2.^1 Location. Flaming foods or beverages shall be prepared only in the immediate vicinity of tho table being served. They shall not bo transported or carried while burning- Section 308.3.1.2.5 Fire Protection. The person preparing the flaming foods or beverages shall have a wot cloth immodiatoly available for use in smothering the flames in the event of an emergency. 2829. Subsection 314.4, Vehicles, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 314.4 Vehicles. Liquid or gas-fueled vehicles, fueled equipment, boats or other motor craft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not exceed one-quarter (1/4) tank or five {51 gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tampering. 4. Vehicles, boats, other motor craft equipment, and fueled equipment are not fueled or defueled within the building. 2930. Subsection 401.3, Emergency ferees-responder notification, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Emergency services notification/^ and to read as follows: 401.3 Emergency services notification. In the event an unwanted fire, medical emergency, or hazardous material release occurs on a property, the owner or occupant shall immediately report such condition to the Fire and Emergency Services Department. Building employees and tenants shall implement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire, medical emergency, or hazardous material release to the Fire and Emergency Services Department. 401.3.1 Making false report. It shall be unlawful for a person to give, signal, or transmit a false alarm. 12 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 322 of 359 ORDINANCE NO. 401.3.2 Alarm activations. Upon activation of a fire alarm signal, employees or staff shall immediately notify the Fire and Emergency Services Department. 401.3.3 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emergency evacuation drill in accordance with the provisions of Section 405. 30. Subsection 406.3, Employee training program, of the International Firo Code, 2006 2009 Edition, is horoby amended by adding a new subsection, to read as follows: 406.3.4 Automated External Defibrillator (AED) Training. Whore AEDs are required by this code, omployoes shall bo trained in tho use of and bo familiar with the locations of tho AEDs. 31. Subsection 408.2, Group A occupancies, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections to read as follows: 408.2.3 Automated External Defibrillators (AED). Group A-1 through A-5 occupancies and special events, with an occupancy load or event of three hundred (300) or more persons, shall have available and maintain an AED on the premises. 408.2.3.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 408.2.3.2 Notification. The Fire and Emergency Services Department shall be notified in writing of the installation and location of an AED on the premises. 408.2.3.3 AED Maintenance. AEDs shall be maintained as per the manufacturer's requirements. 408.2.3.4 Automated External Defibrillator (AED) Training. Where AEDs are required by this code, employees shall be trained in the use of and be familiar with the locations of the AEDs. 32. Subsection 408.5 Group 1-1 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 13 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 323 of 359 ORDINANCE NO. 408.5 Group 1-1 occupancies. Group 1-1 occupancies shall comply with the requirements of Subsections 408.5.1 through 408.5.5, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 33. Subsection 408.6, Group 1-2 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 408.6 Group 1-2 occupancies. Group 1-2 occupancies shall comply with the requirements of Subsections 408.6.1 through 408.6.2, Sections 401 through 406 and Subsections 408.12 through 408.12.8. Drills are not required to comply with the time requirements of Subsection 405.4. 34. Subsection 408.7, Group 1-3 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 408.7 Group 1-3 occupancies. Group 1-3 occupancies shall comply with the requirements of Subsections 408.7.1 through 408.7.4, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 35. Section 408, Use and Occupancy-Related Requirements, of the International Fire Code, 2009 Edition, is hereby amended by adding a new subsection to read as follows: 408.12 Boarding homes and residential care facilities (1-1, 1-2, 1-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by Washington State Administrative Code subsection 388-97-001 shall comply with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding homes by Washington State Administrative Code subsection 388-78A-2020 shall comply with Subsections 408.12.1 through 408.12.5 for those residents who are unable to care for themselves because of special needs due to health or age. Boarding homes shall comply with Subsections 408.12.6 through 408.12.8 regardless of the capabilities of their residents. R-2 and R-4 occupancies that do not fall under the State definition of boarding homes (Washington Administrative Code subsection 388-78A-2020) are exempt from requirements under Subsection 408.12. 408.12.1 Receiving facilities. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with appropriate facilities that can receive residents with special needs if the host facility must be evacuated. 14 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 324 of 359 ORDINANCE NO.. 408.12.2 Transportation agreements. The fire safety, emergency anH evacuation plans must incluHp mpmoranda of understanding (MOU) with transportation companiPs or services to provide sufficient transportation rp.nurr.es for resents with special np«ris and their attending staff in the event of an evacuation. 408.12.3 ResidPntial tracking- The fire safety, emergency and pwaruation plan* must include provisions for trarkinp residents with special nPPHs in the ev^nt nf an evacuation The facility must he able to account for par.h resident's method of transportation and destination including residents who are picked ..P hv non-staff members, even if a transfer of care occurs after the resident's arrival at a secondary facility. 408.12.4 Medications and medical equipment. The fire safety, pmprpencv and Pvac.iation plan must include provisions for transporting mpHirations and Psspntial medic*! Pnuinment for residents to the receiving location in the event of an evacuation. 408.12.5 Access to patient medical records. Staff must have arress to patient radical record* and information in the event of a disaster or pmprgencv. It * thP responsibility of the facility operators to arrange for secure rprnrds storage to access vital radical records even if residents or patients have been evacuated to a spr.ondarv facility. an* 17,6 Fmereencv communication*. The facility must maintain thP ability to rerpiwe emergency warnings and public information messages even during a power nntare. A NOAA wpather radio along with a battery operated AM/FM radio provides sufficient warning and information capability to meet th.s rPfiuirement. The facility must have an emergency communications plan to, mmmunicate with off-site staff to inform them of the facility's status Puaruations. or a nPed for incrpaspd staffing levels if normal modes of mmmunication arP not operational. The emergency communications plan will also address communication with the families of residents regarding residents status, location and safety whPn the resident is unable to carry out communications on their own. ana 13.7 Environment. The facility must have a plan and readily accessible provisions to maintain a safe temperature environment and adequate ypntilation for rpsirients in th» pwnt of a utility or equipment outage. The facility must also provide nnn-flame sources of lighting sufficient to keep rpsidents safe whpn moving aro.mri thP facility. Candles or other flame sources of heat and light are not approved due to the increased risk of fire. an* 13.8 Supplies. The facility must have a minimum of a three m dav supply of non-perishable food, water, medical, hygiene, sanitation and other supplier npppssarv to provide a safe environment and sustain the life hPalth. and comfort of the residents and the staff that care for them. All 15 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 325 of 359 ORDINANCE NO. supplies must fit the dietary and medical needs of residents and staff. The supplies should also be transported to the receiving facility during an evacuation if the availability of the necessary supplies cannot be guaranteed at the secondary location- Exception: If there is backup power for refrigeration, the three (3) days' supply of food may be stored in any form. 3236. Subsection 503.1, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsections 503.1.1 through 503.2. 3337. Subsection 503.1.2, Additional access, of the International Fire Code, 2006 2009 Edition, is hereby amended to add a new subsection, to read as follows: 503.1.2.1 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-0606,5.) 3438. Subsection 503.2, Specifications, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with RMC 4-4-080 and 4-6-060. 3539. Subsection 503.4, Obstruction of fire apparatus access roads, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 503.4.1 Enforcement. The Fire and Emergency Services Department may issue non-traffic citations to vehicles parked in a fire lane or blocking a fire hydrant in accordance with the Bail Schedule established by Renton Municipal Court. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 16 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 326 of 359 ORDINANCE NO. 3640. Subsection 505.1, Address numbers, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visible, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses - four inches (4"). 2. Multi-family residential, commercial, or small business: fifty feet {50'1 or less setback - six inches (6"); more than fifty feet (50') setback -_ten inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback - eighteen inches (18"); more than one hundred feet (100') setback - twenty-four inches (24"). 505.1.2 Rear Door Marking. When vehicle access is provided to the rear of commercial, industrial and warehouse buildings, the rear doors servicing individual businesses shall be marked to indicate address and/or unit identification with letters or numbers at least four (4)-inches (4") high. 505.1.3 Suite numbers. Buildings consisting of separate suites with the same building address shall have their suite number marked so that the suite is readily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an interior hall or corridor shall have lettering at least one (4)-inch (1") high. 3741- Subsection 508.5.1 507.5.1, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 508.5.1 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 450 one hundred fifty feet (150') from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall 300 three hundred feet (3QCQ. 2. Deleted. 17 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 327 of 359 ORDINANCE NO. 42. Section 510. Emergency Responder Radio Coverage, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 510.1 Purpose. The purpose of this Section is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the City to and from emergency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 510.2 Applicability. This Section applies to new construction permits issued after the effective date of this Section. A Certificate of Occupancy shall not be issued to any structure if the building fails to comply with this Section. 510.3 Building radio coverage. Except as otherwise provided, no person shall maintain, own, erect, or construct any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers. For purposes of this Section, adequate radio coverage shall mean that the in-building radio coverage is sufficient to pass the testing procedures set forth in this Section. Permits to install any In-Building Radio System will require a construction permit issued bv the City of Renton Development Services Division. 510.4 Exceptions. This Section shall not apply to the following: 510.4.1 Existing buildings or structures unless undergoing renovation. 510.4.2 Single-family and duplex residential buildings. 510.4.3 Structures that are fifty thousand (50.000) square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these requirements. 510.4.4 Wood-constructed residential structures four (4) stories or less without subterranean storage or parking. 510.4.5 Buildings constructed prior to the implementation of this Section shall not be required to comply with public safety radio coverage provisions of this Section. However, should exempted structures undergo renovations, restoration, significant modifications or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provisions of this Section shall not apply. 510.5 Adequate radio coverage. Minimum signal strength of three (3) micro volts shall be available in ninetv-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary 18 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 328 of 359 ORDINANCE NO. recall floor), stair shafts and Fire Command Centers when transmitted from the Regional 800 MHz Radio System. 510.6 Minimum signal strength. Minimum signal strength of one (1) micro volts received by the Regional 800 MHz Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers. 510.7 Frequency range. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as determined by the regional Radio System operator in all areas of the building. Measurements in-buildings for the purpose of this Section shall be to a portable radio of the type the City and the 911 system then currently utilize. The City's Development Services Director may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage. 510.7.2 The amplification system must be capable of future modifications to a frequency range subsequently established by the City. If the system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. 510.8 Testing procedures. 510.8.1 When an in-building radio system is required, and upon completion of installation, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of ninety-five percent (95%). All testing shall be conducted by a technician in possession of a current FCC license, or a technician certified by the Associated Public-Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All testing shall be done in the presence of the special inspector for the City. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, the building owner shall have the system altered to meet the ninety-five percent (95%) coverage requirement. 510.8.2 The test required by this Section shall be conducted using a portable radio of the type the City and the 911 system then currently utilize. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the 911 system. Once the center spot has 19 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 329 of 359 ORDINANCE NO.. heen selected, nrosoecting for a better spot within the grid area will not be permitted. 510.8.3 The gain values of all amplifiers shall be measured and the test measurement results shall he provided to the building owner, and shall be kent on file with the building owner in the building. The measurements can be compared and verified each year during the owner's annual tests, as provided herein In the event that the measurement results become lost, the building owner shall notify the Building Code Official who will cause a rerun of the acceptance test to establish the gain value. 510.8.4 When an in-building radio system is required, the building owner shall cause a technician in possession of a current FCC license, or a tPchnician certified bv the APCO or the PCIA. to test all active components of the system, including but not limited to amplifiers, power supplies and backup hatteries. a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain remains the same as that found upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a one (1) hour test period, in the opinion of the testing technician, if the battery exhibits symptoms of failure, the test shall be extended for additional one 11) hour periods until the testing technician confirms the integrity of the batterv. All other active components shall be checked to determine that thev are operating within the manufacturer's specifications for the intended purpose. The technician shall prepare a written report documenting the test findings, and the building owner shall provide the Development Services Director with a copy within ten (in) davs of completion of testing. sin.B.5 Fach building owner shall submit at least one (1) field test, or as dPtermined bv the Development Services Director, whenever structural changes occur to the building that would materially change the original field performance tests hv a consultant approved by the Development Services Director. The performance test shall include, at minimum, a floor plan and the signal strength in various locations of the building. 510.9 Amplification systems allowed. 510.9.1 Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system and/or an internal multiple antenna svstem with FCC type accepted bi- directional 800 MHz amplifiers, or systems otherwise approved by the Development Services Director in order to achieve the required adequate radio coverage. 510.9.2 If anv part of the installed svstem or systems contains an electronically nowered comnonent. the installed system or systems shall be capable of operating on an independent batterv system for a period of at least 20 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 330 of 359 ORDINANCE NO. twelve (12) hours without external power input. The batterv system shall automatically charge in the presence of external power input. 510.9.3 Amplification equipment must have adequate environmental controls to meet the heating, ventilation, cooling and humidity requirements of the equipment that will be utilized to meet the requirements of this code. The area where the amplification equipment is located also must be free of hazardous materials such as fuels, asbestos, etc. All communications equipment including amplification systems, cable and antenna systems shall be grounded with a single point ground svstem of five (5) ohms or less. The ground svstem must include an internal tie point within three feet (3') of the amplification equipment. Svstem transient suppression for the telephone circuits, ac power, radio frequency cabling and grounding protection are required as needed. 510.9.4 A public safety radio amplification svstem shall include filters to reject frequencies below eight hundred fifty-one (851) MHz and frequencies above eight hundred sixty (860) MHz by a minimum of thirty-five (35) dB. 510.9.5 The following information shall be provided to the Development Services Director by the builder: A blueprint showing the location of the amplification equipment and associated antenna systems which includes a view showing building access to the equipment, and schematic drawings of the electrical, backup power, antenna system and any other associated equipment relative to the amplification equipment including panel locations and labeling. 510.10 Approved prior to installation. No amplification svstem capable of operating on frequencies used by the Regional 800 MHz Radio Svstem shall be installed without prior coordination and approval of the radio svstem licensee (Valley Communications) and any such svstem must comply with any standards adopted by the King County Regional Communications Board. 510.11 Noncompliance. After discovery and notice of noncompliance, the building owner is provided six (6) months to remedy the deficiency and gain compliance. 510.12 Penalties. Any person violating any of the provisions of the Section shall be subject to penalties in accordance with the general penalty provisions of Renton Municipal Code Section 1-3-1. In addition, any building or structure which does not meet the requirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with Renton Municipal Code Section 1-3-3. 510.13 Severability. If any subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, 21 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 331 of 359 ORDINANCE NO. distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 3843. Subsection 602.1, Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding the following definition: POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 3944. Subsection 604.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Subsections 604.2.1 through 604.2.21. 4045. Subsection 604.2, Where required, of the International Fire Code, 2006 2QQ9 Edition, is hereby amended by adding new subsections, to read as follows: 6Q1.2.20 604.2.19 Group 1-1 and Group 1-2 Nursing Home Occupancies. In addition to specific requirements listed elsewhere in the codes referenced in Subsection 102.6, approved manually switched standby power systems in new Group 1-1 and 1-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. 2. Communications and alarm systems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6Q1.2.21 604.2.20 Automotive Fuel Dispensing Facilities. All new commercial fuel dispensing facilities shall be provided with an approved standby power system to provide power to facilitate maintaining fuel dispensing during local power outages or disaster. 22 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 332 of 359 ORDINANCE NO. 4446. Subsection 605.10, Portable, electric space heaters, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 605.10.5 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved liquid-filled portable heaters. 4247. Subsection 806.1.1, Restricted Occupancies, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, E, 1-1, 1-2, 1-3, 1-4, M, R-l, R-2, R-2 providing licensed care to clients in one of the categories listed in IBC section 310.1 licensed bv Washington State and R-4 occupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-l and R-2. 2. Trees treated with a flame retardant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. 3. Trees shall be allowed within dwelling units in Group R-2 occupancies. 43. Subsection 807.1, Gonoral requirements, of tho International Firo Code, 2006 Edition, is hereby amended to road as follows: 807.1 General roquiromonts. In occupancies in Groups A, B, E, I and R-l and dormitories in Group R 2, curtains, draperies, hangings and other decorative materials suspended from walls or ceilings shall moot tho flame propagation performance critoria of NFPA 701 in accordanco with Section 807.2 or be noncombustiblc. In Groups I 1 and I 2, combustible decorative materials shall moot tho flame propagation criteria of NFPA 701 unless tho decorative materials, including, but not limited to, photographs and paintings, arc of such limitod quantities that a hazard of fire development or spread is not present. In Group I 3, combustible decorative materials are prohibited. 23 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 333 of 359 ORDINANCE NO. Fixed or movable walls and partitions, paneling, wall pads and crash pads, applied structurally or for decoration, acoustical correction, surface insulation or other purposes, shall bo considered interior finish if they cover 10 percent or moro of tho wall or of tho coiling area, and shall not bo considered decorative materials or furnishings. In Group B and M occupancies, fabric partitions suspended from tho coiling and not supported by the floor shall moot tho flame propagation performance critoria in accordance with Section 807.2 and NFPA 701 or shall bo noncombustiblc. 4448. Chapter 8, Interior Finish, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Subsections 809.1 and 809.2. 809.1. Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than 20-twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2. Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame retardant. 4549. Subsection 901.5.1, Occupancy, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved. All acceptance tests shall be witnessed by the Fire and Emergency Services Department prior to occupancy being granted. 4650. Subsection 901.6, Inspection, testing and maintenance, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 901.6.3 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke removal systems, air replenishment 24 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 334 of 359 ORDINANCE NO. systems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be serviced every six (6) months. Documentation of such servicing shall be provided as indicated in Subsection 901.6. 901.6.4 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flammable, combustible liquids and/or hazardous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be forwarded to the Fire and Emergency Services Department indicating each system has been tested and functions as required. 4751. Subsection 903.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this sSection. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exception: 1. One-time additions to International Building Code Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this Section. 2. ©«e—a^—twe—Single-family and duplex dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. When not required by other provisions of this chapter, a fire- extinguishing svstem installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.2, 506.3 and Table 601 of the Building Code. 4852. Subsection 903.2.1.1, Group A-1, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 25 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 335 of 359 ORDINANCE NO. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi-theater complex. 53. Subsection 903.2.1.2 Group A-2, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler svstem shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of one hundred (100) or more: or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 4954. Subsection 903.2.1.3, Group A-3, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 26 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 336 of 359 ORDINANCE NO. Exception: Areas used exclusively as participant sports areas where the main floor aroa is located at the same level as tho level of exit discharge of the main entrance and exit. 5055. Subsection 903.2.1.4, Group A-4, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies- Exception: Areas used exclusively as participant sports areas where tho main floor aroa is located at the same lovol as the lovol of exit discharge of tho main entrance and exit. 56. Subsection 903.2.1.5, Group A-5, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.1.5 Group A-5. An automatic sprinkler svstem shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1,000) square feet. 57. Subsection 903.2.2, Group B ambulatory health care facilities, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler svstem shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at anytime: 1. Four (4) or more care recipients are incapable of self- preservation. 2. One (1) or more care recipients who are incapable of self- preservation are located at other than the level of exit discharge serving such occupancy. 27 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 337 of 359 ORDINANCE NO. 5458. Subsection 903.2.2 903.2.3, Group E, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.2 903.2.3 Group E. An approved automatic sprinkler system shall be provided for Group E ©occupancies as follows: where the gross floor area exceeds 5,000 square foot. Exceptions: 1. Throughout every portion of oducational buildings below the level of exit discharge. Throughout all Group E fire areas greater than five thousand (5.000) square feet in area. 2. Throughout all newly constructed Group E Occupancies having an occupant load of 50 or more for moro than 12 hours per week or 1 hours in any ono day. A minimum water supply mooting the requirements of NFPA 13 shall bo required. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. 3. Portable school classrooms, provided the aggregate area of att anv dusters of portable school classrooms does not exceed five thousand (5,000) square feet, and clusters of portable school classrooms shall be separated as required in Chapter 5 of by the Building Code. 4. Basements: An automatic sprinkler system shall bo installed in basements classified as a Group E Occupancy when the basement is larger than 1,500 square feet in floor area. When not required by othor provisions of this chapter, a fire extinguishing system installed in accordance with NFPA 13 may bo used for increases and substitutions allowed in Sections 504.2, 506.3, and Table 601 of the Building Code. 5259. Subsection 903.2.3 903.2.4, Group F-1, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Group B, Fr-Hy and S Occupancies/',, and to read as follows: gp3.2.3 9Q3.2.4 Group B, FJ-HJ and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F^-Hy or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking operations. An automatic sprinkler svstem shall be provided throughout all group F-1 occupancy fire areas that 28 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 338 of 359 ORDINANCE NO. contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 60. Subsection 903.2.5, Group H, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high- hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler svstem shall be installed in Group H occupancies. 903.2.5.2 Group H-5 occupancies. An automatic sprinkler svstem shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler svstem shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler svstem consists of a corridor protected bv one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN LOCATION Fabrication areas Service corridors Storage rooms without dispensing Storage rooms with dispensing Corridors CRITERIA OCCUPANCY HAZARD CLASSIFICATION Ordinary Hazard Group 2 Ordinary Hazard Group 2 Ordinary Hazard Group 2 Extra Hazard Group 2 Ordinary Hazard Group 2 903.2.5.3 Pyroxylin plastics. An automatic sprinkler svstem shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 61. Subsection 903.2.6 Group I, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler svstem shall be provided throughout buildings with a Group I fire area. 29 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 339 of 359 ORDINANCE NO. Exception: An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilities. 5362. Subsection 903.2.3 903.2.7, Group M, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.6 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: 1. Where a Group M gross floor area exceeds five thousand {5,0001 square feet; 2. Where a Group M fire area is located more than three {3J stories above grade.7-ef 3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mattresses exceeds five thousand (5,000) square feet. 5463. Subsection 903.2.7 903.2.8, Group R, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler svstem installed in accordance with Subsection 903.3 shall be provided throughout all buildings with a Group R fire area. 903.2.7.1 903.2.8.1 Group R-3 Occupancy. When the occupancy has over 12,000 five thousand (5,000) square feet of gross floor area. 903.2.7.2 903.2.8.2 Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds 12,000 five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a separate building. 64. Subsection 903.2.9. Group S-l, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 30 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 340 of 359 ORDINANCE NO. 903.2.9 Group S-l. An automatic sprinkler svstem shall be provided throughout all buildings containing a Group S-l occupancy where one (1) of the following conditions exists: 1. A Group S-l fire area exceeds five thousand (5,000) square feet. 2. A Group S-l fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-l fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. A Group S-l fire area used for the storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 903.2.9.1 Repair garages. An automatic sprinkler svstem shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 3. Buildings with repair garages servicing vehicles in basements. 4. A Group S-l fire area used for the repair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler svstem in accordance with Subsection 903.3.1.1. 65. Subsection 903.2.10 Group S-2 enclosed parking garages, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler svstem shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet: or 2. Where the enclosed parking garage is located beneath other groups. 31 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 341 of 359 ORDINANCE NO. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10.1 Commercial parking garages. An automatic sprinkler svstem shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 66. Subsection 903.2.11 Specific building areas and hazards, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies an automatic sprinkler svstem shall be installed for building design or hazards in the locations set forth in Subsections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. 903.2.11.1 Stories without openings. An automatic sprinkler svstem shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level bv an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located on the exterior wall of the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adiacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adiacent openings does not exceed fifty feet (50'). 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. 903.2.11.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler svstem or openings as specified above shall be provided on at least two (2) sides of the story. 32 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 342 of 359 ORDINANCE NO., 903.2.11.1.3 Basements. Where any portion of a basement is located more than seventv-five feet (75') from openings required by Subsection 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler svstem shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes extending through three (3) or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Chute sprinklers shall be accessible for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An automatic sprinkler svstem shall be installed throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty-five feet (55') or more above the lowest level of fire department vehicle access- Exception: Airport control towers. 903.2.11.4 Ducts conveying hazardous exhausts. Where required bv the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazardous exhaust, flammable or combustible materials- Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler svstem shall be installed in a commercial kitchen exhaust hood and duct svstem where an automatic sprinkler svstem is used to comply with Section 904. 903.2.11.6 Other required suppression systems. In addition to the requirements of Subsection 903.2. the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression svstem for certain buildings and areas. 67. Subsection 903.2.12. During construction, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.12 During construction. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. 5568. Subsection 903.2, Where required, of the International Fire Code, 2006 2QQ9 Edition, is hereby amended by adding new subsections, to read as follows: 003.2.11 903.2.13 Automatic Sprinkler Systems in New Buildings. 33 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 343 of 359 ORDINANCE NO. 903.2.11.1 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprinkler system shall be designed, installed and tested as per Subsection 903.3. 903.2.11.2 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprinkler system may be required by the Chief of the Fire and Emergency Services Department or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC, U.L, ISO, etc.) verifies that hazardous operations, hazardous contents, critical exposure problems, limited accessibility to the building or other items may contribute to a definite hazard. 903.2.15 903.2.14 Sprinkler Systems in Remodeled Buildings. The requirements for the installation of fire protection sprinkler systems in remodeled buildings shall be as indicated in Subsections 903.2.154.1 and 903.2.154.2. 903.2.15.1 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. 903.2.15.2 903.2.14.2 Existing non-sprinklered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. All existing non-sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair exceeds 50 fifty percent (50%) of the building valuation within a three (3)-year period shall have a sprinkler system installed throughout. Valuation shall be determined from the King County Assessor records at the time of the first application for a permit. 5669. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Whoro allowed in buildings of Group R, up to and including four stories in height, aAutomatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. 34 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 344 of 359 ORDINANCE NO. 5770. Subsection 903.4.2, Alarms, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Exceptions: 1. With approval of the Fire Code Official, audible and visible alarm notification appliances may be omitted for approved residential sprinkler systems in 4single-family or 2duplex dwelling units if not otherwise specifically required. 2. Alarms are not required for approved domestically supplied local systems with ten (10) heads or less per building. 5871. Subsection 903.4.3, Floor Control Valves, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R Systems. 5972. Section 903, Automatic Sprinkler Systems, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R and any 13D systems serving five (5) or more dwelling units, sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two-family residences or townhome sprinkler systems with four (4) units or less. 35 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 345 of 359 ORDINANCE NO.. 6073. Subsection 904.11, Commercial cooking systems, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 904.11 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Prezengineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application. Existing suppression systems not in compliance shall be replaced with a conforming system whenever any of the following occurs: • Any modifications are made to the structure of the kitchen hood. • Re-arrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be serviced due to the lack of available manufacturer's listed parts. • Lard or Aanimal fats are replaced with one {l)_or more cooking medium that operates at higher temperatures than the suppression system was designed and tested for in the UL listing. If the manufacturer's original listing was conducted using animal fats, the business owner shall provide a letter to the Renton Fire and Emergency Services Department certifying that the cooking system will only be used with animal fats. A sign with three inches (3") high letters stating "Animal Fat Oils Only" shall be installed on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated within two (2) years from the effective date of this ordinance. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer's installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 36 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 346 of 359 ORDINANCE NO. 4. Dry-chemical extinguishing systems^ NFPA 17. 5. Wet-chemical extinguishing systems, NFPA 17A. 6474. Subsection 905.3.1, Building ^Height, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 905.3.1 Building nHeight. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 20 twenty feet (20') above the lowest level of the Fire and Emergency Services Department vehicle access, or where the floor level of the lowest story is located more than 20-twenty feet (20') below the highest level of Fire and Emergency Services Department vehicle access. Exceptions: (not amended) 1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler svstem in accordance with Subsection 903.3.1.1 or 903.2.1.2. 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire and Emergency Services Department vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system- s' Group R-3 does not require standpipes. 6275. Subsection 905.3, Required installations, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 905.3.8 High-Rise Building Standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches [6^1 meh—diameter. Two (2) two and one half inches {2-1/2^1 tr+eh- hose connections shall be provided on every intermediate floor level landing in every required stairway unless otherwise approved by the Fire Code Official. Where pressure reduction valves (PRV) are required, each hose connection shall be 37 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 347 of 359 ORDINANCE NO.. provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty {1501 psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 6376. Subsection 905.8, Dry standpipes, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. G4. Subsection 906.1, Whoro required, number 1, of tho International Fire Codo, 2006 Edition, is hereby amended by doleting the Exception to item number 1. 6577. Subsection 907*4*2 907J3, Equipment, of the International Fire Code, 2006-2009 Edition, is hereby amended to read as follows: 907.1.2 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 667.8. Subsection 907.2.2, Group B, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: 1. Those having an occupant load of five hundred (500) or more persons or more than one hundred (100) persons above or below the lowest level of exit discharge. 2. Those that are two (2) or more stories in height or three thousand (3,000) and 10,000 square feet or more in area. 3. The Group B fire area contains a Group B ambulatory health care facility. 38 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 348 of 359 ORDINANCE NO.. Exception: Deleted. 6779. Subsection 907.2.3, Group E, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exception number 2. 6880. Subsection 907.2.4, Group F, of the International Fire Code, 2006-2009 Edition, is hereby amended by deleting the Exception. 6981. Subsection 907.2.7, Group M, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions number 1 and 2. 7082. Subsection 907.2.8.1, Manual Fire Alarm System, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions 1 and 2. 7483. Subsection 907.2.9, Group R-2, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions 1, 2, and 3. 7284. Subsection 907.2.9, Group R-2, of the International Fire Code, 2006 2QQ9 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.9.1 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the complex, including recreation and/or day-care buildings, shall be provided with approved fire alarm systems regardless of size. The buildings within the complex shall have each building monitored by an approved central station. 7385. Subsection 907.2, Where required - New buildings and structures, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An approved total coverage addressable manual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of total floor area. Exceptions: 39 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 349 of 359 ORDINANCE NO.. For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 7486. Subsection 907.20.5 907.9.5, Maintenance, inspection and testing, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 907.20.5.1 907.9.5.1 Nonconforming alarm systems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy being granted. 7587. Subsection 914.3, High-rise buildings, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 911.3.7 914.3.8. 7688. Subsection 914.3, High-rise buildings, of the International Fire Code, 2QQ6 2009 Edition, is hereby amended by adding new subsections, to read as follows: 011.3.6 914.3.7 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by Fire and Emergency Services Department, rescue and other personnel in the performance of their duties. Location of access stations, as well as installation and maintenance of the air replenishment systems, shall meet the requirements as determined by the Fire Code Official. A specifications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Renton Fire and Emergency Services Department will be made available by the Fire Code Official. 944T3T7 9143JJ Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every 40 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 350 of 359 ORDINANCE NO. fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabinets, devices, hoses and related equipment shall be furnished by the building owner. All such equipment and the specific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire and Emergency Services Department and equipment replaced by the building owner or his/her representative at the appropriate service life. 77. Subsection 1024.16.5, Materials and strength, of the International Firo Code, 2006 Edition, is hereby amended to road as follows: 1027.16.5 Materials and strength. Components of firo escapo stairs shall be constructed of noncombustiblo materials. Firo escape stairs and balconios shall support the dead load plus a livo load of not loss than 100 pounds per square foot (4.78 kN/m2). Firo escape stairs and balconios shall bo provided with a top and intermediate handrail on each side. T4>e—Fife—Code—Official—is—authorized to—require testing or other satisfactory evidence that an existing firo escape stair moots tho requirements of this section. To onsuro that firo escapes are safo and work properly, thoy must bo visually inspected each year and load tested every five years. A structural engineer or contractor approved by tho Firo Code Official shall conduct the testing. Documentation of tho inspoction shall bo provided to tho Firo and Emergency Services Department. 7889. Subsection 1404.5, Fire watch, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 1404.5 Fire watch. When required by the Fire Code Official for building construction or demolition that is hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means for notification of the Fire and Emergency Services Department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire. 90. Section 1417, Safeguarding roofing operations, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 41 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 351 of 359 ORDINANCE NO. 1417.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Subsections 1417.2 through 1417.4 and Chapter 26. 1417.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accordance with Section 303. 1417.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose portable fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 1417.4 Fire Safety. The roofing contractor shall notify the Fire and Emergency Services Department before leaving the site of torch-applied roofing svstem and report each day's completion and the presence of any hot spots or fires that were suppressed during the roofing process. 7991. Subsection 2701.5, Permits, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2701.5 Permits. Permits shall be required as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Subsection 2701.6.3. All new installations and/or modifications or additions to existing systems shall require plan review and permit fees as stipulated in RMC 1 1 150, Firo Prevention Foes the City of Renton Fee Schedule Brochure. 8092. Subsection 2703.2.6, Maintenance, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2703.2.6 Maintenance. In addition to the requirements of Subsection 2703.2.3, equipment, machinery, and required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in connection with hazardous materials shall be 42 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 352 of 359 ORDINANCE NO. certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire and Emergency Services Department indicating the system has been tested and functions as required. 8493. Subsection 2703.9, General Safety Precautions, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2703.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 2703.9.1 through 2703.9.10 2703.9.11. 8294. Subsection 2703.9, General Safety Precautions, of the International Fire Code, 2006 2009 Edition, is hereby amended to add a new subsection, to read as follows: 2703.9.10 2703.9.11 Manufacturer's limitations. The storage and use of hazardous materials shall not exceed the manufacturer's limitations on shelf life and any other restrictions on use. 8395. Subsection 3301.1.3 Fireworks, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 3301.1.3 Fireworks. The possession, sale, and discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: 1. Storage and handling of fireworks as allowed in Section 3304. 2. Manufacture, assembly and testing of fireworks as allowed in Section 3305. 3. Displays authorized by the City Council under permit issued pursuant to City Code, and the Washington Administrative Code, if required. 4. The possession, storage, sale, handling, and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100 - 178, for consumer fireworks. 43 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 353 of 359 ORDINANCE NO. 8496. Subsection 3301.2.4.2, Fireworks display, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Public Display; Insurance Requiredj"^ and to read as follows: 3301.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancelable except by a forty-five (45)-day pre- cancellation notice in writing to the City. Further, the insurance required herein shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the insurance required herein and shall not contribute with it. 8597. Subsection 3301.2.4.2, Fireworks display, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 3301.2.4.2.1 Pyrotechnic Operator Required. Every eCity-authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. 8698. Subsection 3301.7, Seizure, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, changing the title to "Seizure/Penaltyy", and to read as follows: 3301.7 Seizure/Penalty. The City of Renton may employ either, or both, of the following processes. 3301.7.1 Seizure. The Fire Code Official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter. 44 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 354 of 359 ORDINANCE NO. 3301.7.2 Penalty. Any violation of this chapter on fireworks shall be an infraction only and punishable under RMC 1-3-2 entitled Civil Penalties, except possession, sale or discharge of fireworks not classified as "consumer" by statute, as now or hereafter amended, shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 8799. Subsection 3404.2.11, Underground Tanks, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 3404.2.11 Underground Tanks. Underground storage of flammable and combustible liquids in tanks shall comply with Subsection 3404.2 and Subsections 3404.2.11.1 through 3404.2.11.5.3. Corrosion protection shall comply with WAC 173-360-305. All new underground storage tanks shall conform to the standards as defined in the "Underground Storage Tank Secondary Containment Ordinance" (RMC 4-5-120). All provisions of the "Underground Storage Tank Secondary Containment Ordinance" shall apply to the installation, use, maintenance, and abandonment of underground storage tanks. All unauthorized releases from underground storage tanks shall be reported in conformance with RMC 4-5- 120K, Release Reporting Requirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 3404.2.14. All new above-ground and underground tank installations and modifications or additions to existing systems shall be subject to plan review and installation fees as described in RMC 4 1 150 the City of Renton Fee Schedule Brochure. 88100. Subsection 3404.2.11.5, Leak prevention, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 3404.2.11.5.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring systems installed in accordance with this Subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. 101. Subsection 4606.17.5, Materials and strength, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 45 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 355 of 359 ORDINANCE NO. 4604.17.5 Materials and strength. Components of fire escape stairs shall be constructed of noncombustible materials. Fire escape stairs and balconies shall support the dead load plus a live load of not less than one hundred (100) pounds per square foot (4.78 kN/M2). Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side. The Fire Code Official is authorized to require testing or other satisfactory evidence that an existing fire escape stair meets the requirements of this Subsection. To ensure that fire escapes are safe and work properly, they must be visually inspected each year and load tested every five (5) years. A structural engineer or contractor approved by the Fire Code Official shall conduct the testing. Documentation of the inspection shall be provided to the Fire and Emergency Services Department. 89. Chapter 45, Referenced Standards, of the International Firo Code, 2006 Edition, is horoby amended to reference NFPA Standard 13—07, NFPA Standard 13D 07 and NFPA Standard 13R • 07. 90102. Appendix B104.2, Area separation, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are separated by one (1) or more four (4)-hour firewalls constructed in accordance with the International Building Code, without openings, and provided with a thirty inches (30")-m€h parapet, are allowed to be considered as separate fire areas. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 46 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 356 of 359 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1664:9/l/10:scr Denis Law, Mayor 47 7d. ‐ Adopting the 2009 International Fire Code with City amendments (See 5.k.)Page 357 of 359 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO 126th AVENUE SE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the 126th Avenue SE Sanitary Sewer Extension project in the north portion of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the 126th Avenue SE Sanitary Sewer Extension project as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fee: 7e. ‐ Establishing the 126th Ave. SE Sanitary Sewer Special Assessment District (See 6.f.) Page 358 of 359 ORDINANCE NO. Per Unit Charge. New connections of residential units shall pay a fee of $8,686.39 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 1.33% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD.1662:9/9/10:scr 7e. ‐ Establishing the 126th Ave. SE Sanitary Sewer Special Assessment District (See 6.f.) Page 359 of 359