HomeMy WebLinkAboutCouncil 04/19/2010AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
April 19, 2010
Monday, 7 p.m.
*REVISED*
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 4/12/2010. Council concur.
b. Mayor Law appoints Mark Hancock to the Airport Advisory Committee, Kennydale
Neighborhood alternate position, for an unexpired term expiring 5/7/2011 (position previously
held by Colleen Ann Deal).
Refer to Community Services Committee.
c. City Clerk reports bid opening on 4/13/2010 for CAG‐10‐040, Stonegate Lift Station
Conveyance Improvements project; ten bids; engineer’s estimate $1,436,996 (for Schedule A);
and submits staff recommendation to award the contract to the low bidder, Shoreline
Construction, Co., in the amount of $875,888.86. Council concur.
d. Community Services Department recommends waiver of rental fees and associated staff costs
in the combined total amount of $7,340 for six performances, auditions, and rehearsals at
Carco Theater in partnership with Renton Civic Theater to continue production of the annual
Summer Teen Musical.
Refer to Finance Committee.
e. Community Services Department recommends confirmation of Mayor Law's and the Park
Commissioners' appointment of Timothy Williams as Recreation Director at Step E of the
salary range, effective 5/1/2010. Council concur.
f. Police Department requests authorization to replace the vacant Police Manager position with a
new Police Commander position, effective 5/1/2010. Council concur.
g. Police Department recommends approval of the Valley Narcotics Enforcement Team interlocal
agreement with the cities of Auburn, Kent, Tukwila, Federal Way, and the Port of
Seattle. Council concur. (See 7.a. for resolution.)
h. Transportation Systems Division requests authorization to fill the Deputy Public Works
Administrator ‐ Transportation position at Step E of the salary scale, effective 4/16/2010.
Page 1 of 123
Refer to Finance Committee.
i. Utility Systems Division recommends approval of Addendum No. 2 to CAG‐09‐090, with R.W.
Beck, in the amount of $76,116, for additional services related to the 196 Pressure Zone
Reservoir project.
Refer to Utilities Committee.
j. Transportation Systems Division recommends approval of a new 20‐year lease agreement with
The Boeing Company of Airport property at $0.62 per square foot per year, and to readjust the
rate thereafter using the CPI index.
Refer to Transportation (Aviation) Committee.
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. Finance Committee: Vouchers; 2010 Carry Forward Budget Ordinance*
7.RESOLUTIONS AND ORDINANCES
Resolution:
a. Valley Narcotics Enforcement Team interlocal agreement. (See 5.g.)
Ordinance for first reading:
a. 2010 Budget amendment related to carrying forward 2009 funds (See 6.a.)
Ordinance for second and final reading:
a. Creating a Library Advisory Board (1st reading 4/12/2010)
8.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
9.AUDIENCE COMMENT
10.ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
April 19, 2010
Monday, 6:00 p.m.
City Center Community Plan;Emerging Issues
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment to Airport Advisory Committee: Mark
Hancock
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Application for Community Service
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
Denis Law, Mayor
Recommended Action:
Refer to Community Services Committee
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Mayor Law appoints the following to the Airport Advisory Committee:
Mark Hancock, 1200 N. 38th Street, Renton, WA 98056 (Kennydale Neighborhood alternate position),
for a term expiring May 7, 2011 (position previously held by Colleen Ann Deal).
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Mr. Hancock to the Airport Advisory Committee.
5b. ‐ Mayor Law appoints Mark Hancock to the Airport Advisory
Committee, Kennydale Neighborhood alternate position, for an Page 3 of 123
5b. ‐ Mayor Law appoints Mark Hancock to the Airport Advisory
Committee, Kennydale Neighborhood alternate position, for an Page 4 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Bid opening on April 13, 2010, for CAG-10-040,
Stonegate Lift Station Conveyance Improvements
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Staff recommendation
Bid Tabulation Sheet (10 bids)
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
Bonnie Walton, City Clerk
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ 875,888.86 Transfer Amendment: $
Amount Budgeted: $ 1,450,000 Revenue Generated: $
Total Project Budget: $ 1,450,000 City Share Total Project: $
SUMMARY OF ACTION:
Engineer's Estimate $1,436,996 (for Schedule A)
In accordance with Council procedure, bids submitted at the subject bid opening met the following three
criteria: There was more than one bid, the low bid was within the project budget, and there were no
irregularities with the low bid. Therefore staff recommends acceptance of the low bid submitted by
Shoreline Construction, Co. in the amount of $875,888.86.
STAFF RECOMMENDATION:
Accept the low bid submitted by Shoreline Construction, Co. in the amount of $875,888.86.
5c. ‐ City Clerk reports bid opening on 4/13/2010 for CAG‐10‐040,
Stonegate Lift Station Conveyance Improvements project; ten bids; Page 5 of 123
PUBLIC WORKS DEPARTMENT
MEMORANDUM CITY OF RENTON
APR A ! /Q10
DATE:
TO:
FROM:
SUBJECT:
April 14, 2010
Bonnie Walton, City Clerk
John Hobson, Wastewater Utility Engineer (ext. 7279)vJfft
Bid Award for Stonegate Lift Station Conveyance
Improvements Project
RECEIVED
CITY CLERK'S OFFICE
The Public Works Department has reviewed the bids submitted for the Stonegate Lift
Station Conveyance Improvements project and recommends that the bid be awarded to
Shoreline Construction Co. We are requesting that an agenda bill for "Council Concur"
be prepared for the April 19, 2010, Council Meeting.
The bid opening was on Tuesday, April 13, 2010. There were 10 bids received. There
was one irregularity in the third low bid from Titan Earthwork that moved them to the
second low bid. The low bidder is Shoreline Construction Co. with a bid of $875,888.86
for Schedule A (Schedule A was the basis of award as specified in the contract
documents). The engineer's estimate was $1,436,996.00 for Schedule A.
The project budget amount is $1,450,000. The low bid is within the amount budgeted.
The project will install approximately 710 linear feet of new 15"and 12" diameter gravity
sanitary sewer main and 4,720 linear feet of 8" diameter sanitary sewer force main.
Attachments
cc: Lys Hornsby, Utility Systems Director
Dave Christensen, Wastewater Utility Supervisor
H:\File Sys\WWP - WasteWater\WWP-27-3473 Summerwind-Stonegate LS Replacement\DESIGN\Award-Clerk-
Stonegate Conveyance.doc\JHtp 5c. ‐ City Clerk reports bid opening on 4/13/2010 for CAG‐10‐040,
Stonegate Lift Station Conveyance Improvements project; ten bids; Page 6 of 123
Project Title Stonegate Lift Station Conveyance Improvements BID DATE E Item h No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
City of Renton Engineers Unit Price $96,200.00 $10,000.00 $15,000.00 $35,000.00 $8,000.00
$45.00
$75,000.00
$110.00
$100.00
$50.00
$2.00
$4,000.00
$5,500.00
$1,000.00
$1,000.00
$5,000.00
$15.00
$13.00
$20.00
$12.00
$3.00
$18.00
$4,000.00"
$40,000.00
$10,000.00
$5,000.00
$50.00
$50.00
$200.00
Estimate Bid Amount 96,200.00 10,000.00 «.:: 15,000.00 m 35,000.00 m 8,000.00 m
212,400.00 ;«:
75,000.00 :;!:::;
64,900.00 H::
12,000.00
500.00
4,400.00
20,000.00 >!:
5,500.00 m
2,000.00 :;w
1,000.00 ::;;
5,000.00 ;;«
2,025.00
49,400.00 v
5,000.00
54,000.00
81,000.00
486,000.00 m
4,000.00 -„,
40,000.00
10,000.00 :;
10,000.00 :::
750.00 :
1,250.00 ',.:,
2,000.00 : ;
:::fcShbrelihe Construction ;;;Uhlt::ft!::-^: • Price,: : 70,000:00ffl:; Ms 5,000:00 * g;:x7,ooo.oo ::;4o,ooo.oo ;:m3;000:oo:: ;:
mam<y.ooy::[
•a 39,000:00
fci^a57,0Q...
55:00 :
460.00 ::
1.00 :
•W!S:-3;000.00"--"
V:i4,500.00
:«a5;000:00
al 1y300:00v~-
WO:6;200.00
0.10
V«: 0.10
:;: 13.00:-:;
::;: 18:00
^miAO:::
m«sm:9-QQ-:_
,5,000,00
20,000.00;
: : 11,000.00 ft:
3,000.00
";:;:::;M;50:00,::,:;
,,:a,,35;00:rf:!
;:; 120.00;-:
SllsBid:: ::::-::,:::: Amount :tf-:::y,::70,000.00: J''-?™-:-"s:-B:":5,"'000.00 7,000.00 40,000.00 3,000,00
141,600.00
39,000.00
33,630.00
6,600,00
:r<;:M4W0.00
:::::::::2,200.D0
15,000.00;
4,500.00
;io,ooo.oo
1,300.00
6,200.00
.-::iP:-s,-;:;!A«ffl;13;50-
,,"380:00
:Hft:;::: 3,250.00
; ; 81v000.00
^:g;37;800,00
243,000.00
; 5 !5;000.00
:;:::::: 20;000.00
:::s;:;;:: 11,000.00
;: 6,000.00;
«;•:«•;.& 750.00
•z^v^&ism
^.i^^QXiO
Subtotal Sch. A
Tax 9.5%
$1,312,325.00 Subtotal Sch: A
$124,670.88 : •' f ax'9:5#
::$799,898,50s
S$7§,990,36,,
Total Sch. A $1,436,995.88 Total Sch: A ;::$875,888;86
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
$1,800.00
$3,000.00
$1,000.00
$3.00
$18.00
$1,000.00
$50.00
$50.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
1,800.00
3,000.00
1,000.00
2,550.00
15,300.00
1,000.00
2,500.00
4,500.00
$31,650.00
$3,006.75
$34,656.75
-500.00 A:::
500:00;::
::: 500.00
:.i.i:40m*.
^:mf;mm$m^
"100.60
-50.00:-
35.00
Subtotal Sch. B
":-"-"^T^9;5%S*
,:,Total Sch;,B:»«
;:::;:;::i::;:yi::::;500.00
::«::i::::::::J:S;::50Q.OO
: ':.:S;\W)-0&
::::£;:-:: 1,190.00
::::::;„; 7,650.00
•"'.•'"Vy'-I-MPP^OQ-
m^Mimam
••"• 3;150:00
$16,090.00
fe;:::;:$1i528.55,
::'-!$17,6l8.55:
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Project Title:Stonegate Lift Station Conveyance Improvements BID DATE: E Item h No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
Lakeridge Development, LLC Unit Price 75,000.00 100.00 7,000.00 62,000.00 2,500.00
47.00
35,500.00
84.00
79.19
300.00
5.00
1,865.00
2,453.00
2,500.00
845.00
2,955.00
33.00
10.25
33.50
22.00
1.74
7.62
3,500.00
21,000.00
9,500.00
2,500.00
50.00
40.00
110.00
Bid Amount 75,000.00 100.00 7,000.00 62,000.00 2,500.00
221,840.00
35,500.00
49,560.00
9,502.80
3,000.00
11,000.00
9,325.00
2,453.00
5,000.00
845.00
2,955.00
4,455.00
38,950.00
8,375.00
99,000.00
46,980.00
205,740.00
3,500.00
21,000.00
9,500.00
5,000.00
750.00
1,000.00
1,100.00
Titan Earthwork Unit Price 50,000.00 6,700.00 7,900.00 20,000.00 8,650.00
32.00
35,500.00
65.00
55.00
550.00
5.00
2,850.00
4,900.00
1,500.00
1,000.00
7,000.00
33.00
15.00
17.00
32.00
3.25
8.25
8,500.00
18,000.00
10,000.00
3,500.00
85.00
50.00
135.00
Bid Amount 50,000.00 6,700.00 7,900.00 20,000.00 8,650.00
151,040.00
35,500.00
38,350.00
6,600.00
5,500.00
11,000.00
14,250.00
4,900.00
3,000.00
1,000.00
7,000.00
4,455.00
57,000.00
4,250.00
144,000.00
87,750.00
222,750.00
8,500.00
18,000.00
10,000.00
7,000.00
1,275.00
1,250.00
1,350.00
Subtotal Sch. A
Tax 9.5%
$942,930.80
$89,578.43
Subtotal Sch. A
Tax 9.5%
$938,970.00
$89,202.15
Total Sch. A $1,032,509.23 Total Sch. A $1,028,172.15
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
5,000.00
3,000.00
1,000.00
1.25
7.62
300.00
50.00
40.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
5,000.00
3,000.00
1,000.00
1,062.50
6,477.00
300.00
2,500.00
3,600.00
$22,939.50
$2,179.25
$25,118.75
500.00
1,000.00
100.00
2.00
10.00
2,500.00
50.00
25.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
500.00
1,000.00
100.00
1,700.00
8,500.00
2,500.00
2,500.00
2,250.00
$19,050.00
$1,809.75
$20,859.75
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Project Title:Stonegate Lift Station Conveyance Improvements BID DATE: E Item 1* No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
Buno Construction Unit Price 80,000.00 10,000.00 10,000.00 25,000.00 3,000.00
58.00
35,000.00
76.00
73.00
100.00
3.00
4,000.00
5,000.00
2,800.00
900.00
7,000.00
10.00
10.00
15.00
20.00
1.00
7.80
3,000.00
22,000.00
15,000.00
1,200.00
36.00
20.00
100.00
Bid Amount 80,000.00 10,000.00 10,000.00 25,000.00 3,000.00
273,760.00
35,000.00
44,840.00
8,760.00
1,000.00
6,600.00
20,000.00
5,000.00
5,600.00
900.00
7,000.00
1,350.00
38,000.00
3,750.00
90,000.00
27,000.00
210,600.00
3,000.00
22,000.00
15,000.00
2,400.00
540.00
500.00
1,000.00
Rodarte Construction Unit Price 10,000.00 2,500.00 17,500.00 25,000.00 3,000.00
54.00
42,500.00
92.00
92.00
300.00
4.00
1,800.00
2,800.00
800.00
800.00
6,000.00
25.00
12.00
20.00
25.00
1.75
10.00
1,500.00
25,000.00
6,000.00
4,500.00
50.00
20.00
200.00
Bid Amount 10,000.00 2,500.00 17,500.00 25,000.00 3,000.00
254,880.00
42,500.00
54,280.00
11,040.00
3,000.00
8,800.00
9,000.00
2,800.00
1,600.00
800.00
6,000.00
3,375.00
45,600.00
5,000.00
112,500.00
47,250.00
270,000.00
1,500.00
25,000.00
6,000.00
9,000.00
750.00
500.00
2,000.00
Subtotal Sch. A
Tax 9.5%
$951,600.00
$90,402.00
Subtotal Sch. A
Tax 9.5%
$981,175.00
$93,211.63
Total Sch. A $1,042,002.00 Total Sch. A $1,074,386.63
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
1,600.00
3,000.00
1,500.00
1.00
7.80
1,000.00
36.00
20.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
1,600.00
3,000.00
1,500.00
850.00
6,630.00
1,000.00
1,800.00
1,800.00
$18,180.00
$1,727.10
$19,907.10
1,500.00
3,500.00
1,800.00
2.00
12.00
250.00
40.00
20.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
1,500.00
3,500.00
1,800.00
1,700.00
10,200.00
250.00
2,000.00
1,800.00
$22,750.00
$2,161.25
$24,911.25
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Project Title:Stonegate Lift Station Conveyance Improvements BID DATE: E Item h No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
R.L. Alia Unit Price 85,000.00 4,000.00 5,000.00 10,000.00 3,000.00
87.00
24,000.00
110.00
100.00
75.00
2.00
3,000.00
6,000.00
1,000.00
900.00
6,000.00
5.00
1.00
20.00
17.75
1.00
7.62
3,800.00
14,000.00
5,000.00
5,000.00
30.00
30.00
100.00
Company Bid Amount 85,000.00 4,000.00 5,000.00 10,000.00 3,000.00
410,640.00
24,000.00
64,900.00
12,000.00
750.00
4,400.00
15,000.00
6,000.00
2,000.00
900.00
6,000.00
675.00
3,800.00
5,000.00
79,875.00
27,000.00
205,740.00
3,800.00
14,000.00
5,000.00
10,000.00
450.00
750.00
1,000.00
Pivetta Bros. Construction
Subtotal Sch. A
Tax 9.5%
$1,010,680.00
$96,014.60
Unit Price 80,390.00 3,484.00 6,785.00 53,827.00 1,765.00
48.00
34,287.00
64.00
64.00
417.00
3.00
2,609.00
3,131.00
2,059.00
754.00
9,107.00
14.00
24.00
22.00
19.00
2.00
9.00
4,401.00
20,872.00
10,120.00
1,581.00
38.00
26.00
147.00
Subtotal Sch. A
Tax 9.5%
Bid Amount 80,390.00 3,484.00 6,785.00 53,827.00 1,765.00
226,560.00
34,287.00
37,760.00
7,680.00
4,170.00
6,600.00
13,045.00
3,131.00
4,118.00
754.00
9,107.00
1,890.00
91,200.00
5,500.00
85,500.00
54,000.00
243,000.00
4,401.00
20,872.00
10,120.00
3,162.00
570.00
650.00
1,470.00
$1,015,798.00
$96,500.81
Total Sch. A $1,106,694.60 Total Sch. A $1,112,298.81
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
3,500.00
5,000.00
3,500.00
3.00
17.00
1,300.00
60.00
60.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
3,500.00
5,000.00
3,500.00
2,550.00
14,450.00
1,300.00
3,000.00
5,400.00
$38,700.00
$3,676.50
$42,376.50
7,443.00
5,981.00
1,765.00
2.00
9.00
880.00
38.00
26.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
7,443.00
5,981.00
1,765.00
1,700.00
7,650.00
880.00
1,900.00
2,340.00
$29,659.00
$2,817.61
$32,476.61
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Project Title:Stonegate Lift Station Conveyance Improvements BID DATE E Item h No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
Laser Underground & Earthworks Unit Price 80,000.00 15,000.00 10,000.00 21,000.00 5,600.00
50.00
40,000.00
120.00
105.00
100.00
5.00
5,000.00
6,000.00
4,000.00
1,000.00
5,000.00
1.00
1.00
25.00
28.00
2.00
9.00
5,000.00
40,000.00
13,000.00
4,000.00
45.00
35.00
100.00
Subtotal Sch. A
Tax 9.5%
Bid Amount 80,000.00 15,000.00 10,000.00 21,000.00 5,600.00
236,000.00
40,000.00
70,800.00
12,600.00
1,000.00
11,000.00
25,000.00
6,000.00
8,000.00
1,000.00
5,000.00
135.00
3,800.00
6,250.00
126,000.00
54,000.00
243,000.00
5,000.00
40,000.00
13,000.00
8,000.00
675.00
875.00
1,000.00
$1,049,735.00
$99,724.83
B&L Utility, Inc. Unit Price 60,000.00 15,000.00 7,500.00 55,000.00 10,000.00
44.00
40,000.00
80.00
78.00
100.00
4.00
5,000.00
5,500.00
2,500.00
1,000.00
5,500.00
25.00
18.00
25.00
25.00
3.25
8.70
3,827.00
21,000.00
7,500.00
3,000.00
35.00
35.00
100.00
Subtotal Sch. A
Tax 9.5%
Bid Amount 60,000.00 15,000.00 7,500.00 55,000.00 10,000.00
207,680.00
40,000.00
47,200.00
9,360.00
1,000.00
8,800.00
25,000.00
5,500.00
5,000.00
1,000.00
5,500.00
3,375.00
68,400.00
6,250.00
112,500.00
87,750.00
234,900.00
3,827.00
21,000.00
7,500.00
6,000.00
525.00
875.00
1,000.00
$1,057,442.00
$100,456.99
Total Sch. A $1,149,459.83 Total Sch. A $1,157,898.99
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
1,000.00
1,500.00
200.00
2.00
9.00
500.00
45.00
35.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
1,000.00
1,500.00
200.00
1,700.00
7,650.00
500.00
2,250.00
3,150.00
$17,950.00
$1,705.25
$19,655.25
3,000.00
6,000.00
3,000.00
7.00
8.50
1,000.00
35.00
35.00
Subtotal Sch. B
Tax 9.5%
Total Sch. B
3,000.00
6,000.00
3,000.00
5,950.00
7,225.00
1,000.00
1,750.00
3,150.00
$31,075.00
$2,952.13
$34,027.13
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Project Title:Stonegate Lift Station Conveyance Improvements BID DATE E Item h No. 1 2 3 4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
April 13,2010 Description Mobilization Trench Excavation Safety Systems Contractor Supplied Surveying Traffic Control Temporary Erosion/Sedimentation Controls
8" Diameter PVC C900 SDR 18 Sewer Force Main
10" diameter HDPE Sewer Pipe, Directional Drill
15" Diameter PVC Gravity Sewer Pipe
12" Diameter PVC Gravity Sewer Pipe
6" Diameter PVC Side Sewer Pipe
Ductile Iron Sewer Fittings
48" Diameter Sanitary Sewer Manhole
60" Diameter Sanitary Sewer Manhole
Connect New Sewer Pipe to Existing Sewer Facility
Type 1 Catch Basin
Modified Type 2 Catch Basin, 60" Diameter
Removal and Replacement of Unsuitable Foundation Material
Bank Run Gravel for Sewer Trench Backfill
Crushed Surfacing Top Course
Asphalt Patch including CSTC
Asphalt Grinding for Overlay
2" Deep HMA Class 1/2" Overlay PG 64-22
Replace Pavement Marking and Traffic Buttons
8" Diameter PVC C900 SDR 18 Sewer Force Main, Auger Bon
2" Air Vacuum Valve Assembly
Fire Access Gate
Concrete Sidewalk
Concrete Curb & Gutter
Controlled Density Fill
Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum
Lineal Foot
Lump Sum
Lineal Foot
Lineal Foot
Lineal Foot
Pounds
Each
Each
Each
Each
Each
Ton
Ton
Ton
Square-Yard
Square-Yard
Square-Yard
Lump Sum
Lump Sum
Each
Each
Square-Yard
Lineal Foot
Cubic Yard
Est. Quantity 1 1 1 1 1
4,720
1
590
120
10
2,200
5
1
2
1
1
135
3,800
250
4,500
27,000
27,000
1
1
1
2
15
25
10
Johansen Excavating, Inc. Unit Price 38,000.00 25,200.00 6,400.00 145,700.00 24,150.00
33.65
61,300.00
53.80
61.35
575.00
4.35
2,300.00
3,300.00
1,800.00
1,000.00
5,650.00
25.50
11.25
12.65
28.40
1.80
9.65
6,400.00
20,900.00
12,680.00
3,255.00
53.15
31.90
195.00
Subtotal Sch. A
Tax 9.5%
Bid Amount 38,000.00 25,200.00 6,400.00 145,700.00 24,150.00
158,828.00
61,300.00
31,742.00
7,362.00
5,750.00
9,570.00
11,500.00
3,300.00
3,600.00
1,000.00
5,650.00
3,442.50
42,750.00
3,162.50
127,800.00
48,600.00
260,550.00
6,400.00
20,900.00
12,680.00
6,510.00
797.25
797.50
1,950.00
$1,075,391.75
$102,162.22
Total Sch. A $1,177,553.97
1 Mobilization
2 Traffic Control
3 Temporary Erosion/Sedimentation Controls
4 Asphalt Grinding for Overlay
5 2" Deep HMA Class 1/2" Overlay PG 64-22
6 Replace Pavement Marking and Traffic Buttons
7 Concrete Sidewalk
8 Concrete Curb & Gutter
Lump Sum
Lump Sum
Lump Sum
Square-Yard
Square-Yard
Lump Sum
Square-Yard
Lineal Foot
1
1
1
850
850
1
50
90
15,900.00
18,275.00
7,700.00
9.40
15.75
4,265.00
88.45
45.35
Subtotal Sch. B
Tax 9.5%
Total Sch. B
15,900.00
18,275.00
7,700.00
7,990.00
13,387.50
4,265.00
4,422.50
4,081.50
$76,021.50
$7,222.04
$83,243.54
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CITY OF RENTON
BID TABULATION SHEET
PROJECT: Stonegate Lift Station Conveyance Improvements
CAG-10-040
DATE: April 13, 2010
Page 1 of 2
BIDDER
B&L Utility, Inc.
7101 Sexton Rd.
Snohomish, WA 98290
William L,. Liffrig
Buno Construction, LLC
20219 99th Ave. SEE
Snohomish, WA 98296
Dan E. Buno
Johanson Excavating, Inc.
P.O. Box 674
Buckley, WA 98321
Jacob Cimmer
Lakeridge Development, LLC
P.O. Box 156
Renton, WA 98057
Wayne Jones
Laser Underground & Earthworks
20417 87th Ave. SE
Snohomish, WA 98296
Bret Lane
Pivetta Brothers Construction, Inc.
P.O. Box 370
Sumner, WA 98390
Mark Pivetta
R.L. Alia Company
107 Williams Ave. S.
Renton, WA 98057
Richard L. Alia
Rodarte Construction, Inc.
P.O. BOX 1875
Auburn, WA 98071-1875
J.R. Rodarte
Shoreline Construction, Co.
P.O. Box 358
Woodinville, WA 98072-0358
Douglas J. Suzuki
FORMS
Proposal /
Triple
Form
X
X
X
X
X
X
X
X
X
Bid
Bond
X
X
X
X
X
X
X
X
X
L&l
Cert
X
X
X
X
X
X
X
X
X
Sched. Of
Prices
X
X
X
X
X
X
X
X
X
Adden
#1
X
X
X
X
X
X
X
X
BID
**lncludes Sales Tax
Schedule A Only
$1,157,898.99
$1,P42,PP2.0P
$1,177,368.72
$1,P32,5P9.22
$1,149,459.83
$1,112,298.81
$1,106,694.60
$1,074,386.63
$875,888.86
(OVER)
5c. ‐ City Clerk reports bid opening on 4/13/2010 for CAG‐10‐040,
Stonegate Lift Station Conveyance Improvements project; ten bids; Page 13 of 123
CITY OF RENTON
BID TABULATION SHEET
PROJECT: Stonegate Lift Station Conveyance Improvements
CAG-10-040
DATE: April 13, 2010
Page 2 of 2
BIDDER
FORMS
Proposal /
Triple
Form
Bid
Bond
L&l
Cert
Sched. Of
Prices
Adden
#1
BID
**lncludes Sales Tax
Titan Earthwork
13806 16th St. E.
Sumner, WA 98390
Steve Geiling
ENGINEER'S ESTIMATE
$1,035,563.10
$1,028,172.15
$1,436,996 (for Schedule A)
LEGEND:
Forms: Triple Form: Non-Collusion Affidavit, Anti-Trust Claims, Minimum Wage
5c. ‐ City Clerk reports bid opening on 4/13/2010 for CAG‐10‐040,
Stonegate Lift Station Conveyance Improvements project; ten bids; Page 14 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Waiver of fees
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Proposed Budget
Fee Waiver Form
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Kris Stimpson X6713
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Funding was eliminated in the 2010 budget for the annual Summer Teen Musical. Request is being
made to waiver of fees for Carco Theater rental for six performances, auditions, rehearsals and
associated staff costs to partner with Renton Civic Theater to continue production of the annual
Summer Teen Musical.
STAFF RECOMMENDATION:
Waive Carco Theater rental fees as requested by Renton Civic Theater for continued production of the
annual Summer Teen Musical.
5d. ‐ Community Services Department recommends waiver of rental fees
and associated staff costs in the combined total amount of $7,340 for Page 15 of 123
h:\agenda bills-issue papers-com rpts\teen musical.doc
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:April 13, 2010
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Administrator Community Services
STAFF CONTACT:Kris Stimpson, Acting Recreation Director X6713
SUBJECT:Waiver of rental fees for Carco Theatre
ISSUE
Should the City waive the rental fee for Carco Theatre and associated staff costs to
operate the theater for a total of six performances, auditions and rehearsals of the Teen
Musical?
BACKGROUND
The annual Summer Teen Musical was eliminated from the 2010 budget due to budget
cuts necessitated by the economy. This long-standing program historically includes
auditions, rehearsals and performances equal to a full-scale musical production. Local
students receive training in voice, dance, stage direction as well as many technical
aspects of theater including lighting design, scene construction, costuming and theatrical
makeup. This year, 2010, would have marked the 25th anniversary of this production.
Vincent Orduna, Cultural Arts Coordinator, was approached by the Renton Civic Theater
regarding the possibility of continuing the Summer Teen Musical. Meetings occurred to
discuss a potential partnership that would be beneficial to all parties and continue to
avail this learning opportunity to the youth of our community.
The proposal includes a request for the City to waive the rental fees and the associated
staff costs for Carco Theatre for a total of six performances. Assuming we had another
rental(s) on those dates, the staff would be utilized accommodating those needs, as well
as the custodial, utilities, etc., which are factored into our current budget. We plan on
utilizing our existing budget to accommodate this event so no additional expenditures
would be required by the City.
5d. ‐ Community Services Department recommends waiver of rental fees
and associated staff costs in the combined total amount of $7,340 for Page 16 of 123
Don Persson, Council President
Page 2 of 2
April 13, 2010
h:\agenda bills-issue papers-com rpts\teen musical.doc
RECOMMENDATION
Recognizing the value of providing young actors and actresses this unique theater arts
experience and maintaining an important cultural resource for our community staff
recommends approval of this fee waiver for Carco Theatre for six performances on July
23, 24, 25 & July 30, 31 and August 1, auditions and rehearsals valued at a cost of $4,580
in rental fees as well as staff costs of $2,760 for a total of $7,340.00.
C:Jay Covington, Chief Administrative Officer
Iwen Wang, Administrator Finance/IS
Vincent Orduna, Cultural Arts Coordinator
5d. ‐ Community Services Department recommends waiver of rental fees
and associated staff costs in the combined total amount of $7,340 for Page 17 of 123
H:\Agenda Bills-Issue Papers-Com Rpts\teenbudget.doc
RENTON CIVIC THEATER
SUMMER TEEN MUSICAL PROPOSED BUDGET
2010
Projected Production Expenditures
Royalties $2,090
Staff $13,300
Set Construction $7,000
Costumes and Make-up $1,000
Lighting $150
Sound 0
Props $300
Rental fees for Carco $4,580
Staff fees for Carco $2,760
Total Expenses $31,180.00
Anticipated Revenue
Grants $1,000
Registrations $4,500
Ticket Sales $16,950
Total Revenue $22,450.00
Projected totals for Renton Civic Theater
Total Expenses $31,180
Total Revenue $22,450
Net loss to Renton Civic Theater $8,730
Minus waived fees from City $7,330
Reduced Net loss $1,390
5d. ‐ Community Services Department recommends waiver of rental fees
and associated staff costs in the combined total amount of $7,340 for Page 18 of 123
5d. ‐ Community Services Department recommends waiver of rental fees
and associated staff costs in the combined total amount of $7,340 for Page 19 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Confirm Mayor's recommendation to appoint
Timothy Williams as Recreation Director with
compensation at a Step E.
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Terry Higashiyama X6606
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Seventy two applicants applied for the Recreation Director vacancy created when incumbent, Jerry
Rerecich, retired in February of this year. After interviewing seven, four candidates were invited to
participate in a tour of our facilities and meet the recreation staff. The Renton Municipal Code requires
that this position be jointly recommended by the Parks Commission and Community Services
Administrator to the Mayor for hiring. The RMC further requires that this position be subject to
confirmation by the City Coucnil.
The Board of Park Commissioners met on April 13, 2010, and discussed the interview process
and findings and voted to recommend to the Mayor that Timothy Williams be appointed as Recreation
Director subject to confirmation by Council.
STAFF RECOMMENDATION:
Confirm the Mayor's, staff and Board of Park Commissioners' recommendation to hire Timothy Williams
at a Step E as Recreation Director effective May 1, 2010.
5e. ‐ Community Services Department recommends confirmation of
Mayor Law's and the Park Commissioners' appointment of Timothy Page 20 of 123
h:\administrator\2010\issuepaper.doc
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:April 13, 2010
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
STAFF CONTACT:Terry Higashiyama, Administrator Community Services X6606
SUBJECT:Recommendation to appoint Recreation Director
Request for authorization to compensate at E step
ISSUE:
Should the City Council authorize the appointment of and suggested compensation for
candidate as Recreation Director?
RECOMMENDATION:
Approve the recommendation of the Mayor and the Board of Park Board Commissioners
to hire Timothy Williams as Recreation Director at an E Step.
BACKGROUND:
On February 1, 2010, Jerry Rerecich retired from the City after 40 years of service. The
City began the search to fill this integral position in the Community Services Department.
The position was advertised locally as well as posted on the Washington Recreation
Park Association web site. Over 72 applications were received, a total of eight
candidates were interviewed. Two panels consisting of senior staff members, as well as
one representative from the Park Board and the City Council, interviewed the applicants.
The top four applicants were invited to return for a tour of the recreation facilities and
to meet the staff at the Renton Community Center.
These four candidates were narrowed down to the top two and their qualifications
further reviewed and discussed by administration and their references checked. The
Board of Park Commissioners met on April 13, 2010, and discussed the candidates and
the findings. They unanimously voted to make the recommendation to the Mayor to
hire Timothy Williams to fill this vacancy.
It is further recommended that Tim be hired at an E step. Tim has over 20 years
experience in the recreation field and a Master of Arts in Recreation. His varied
experience working as a Director in all aspects of recreation is complimented by his
involvement in securing over 3 million dollars in grants to provide funding for programs
and additionally has successfully sought out partnerships and sponsorships. These
5e. ‐ Community Services Department recommends confirmation of
Mayor Law's and the Park Commissioners' appointment of Timothy Page 21 of 123
Addressee Name
Page 2 of 2
Date of Memo
h:\administrator\2010\issuepaper.doc
attributes will be extremely beneficial in our tough economic times.
The 2010 budget will not require any additional funding to accomplish this since the
previous recreation director’s pay (also a Step E) was used to calculate the allocation for
this year.
Pending Council approval the candidate will start May 3, 2010.
C:Jay Covington, Chief Administrative Officer
Iwen Wang, Administrator Finance/IS
Nancy Carlson, Administrator Human Services
5e. ‐ Community Services Department recommends confirmation of
Mayor Law's and the Park Commissioners' appointment of Timothy Page 22 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Police Department Reorganization - Replacing an
open Manager's position with a new
Commander's position
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Kevin Milosevich, Chief of Police
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $0
Amount Budgeted: $ Revenue Generated: $0
Total Project Budget: $ 0 City Share Total Project: $
SUMMARY OF ACTION:
The Manager’s position is a non-commissioned position that is the equivalent in rank, responsibilities,
and compensation as a Commander. (Grade m37)
In February of 2009, Manager Penny Bartley became the Interim Director of SCORE. Interim Director
Bartley’s previous responsibilities included overseeing both the Staff Services Division and the Auxiliary
Services Division within the Police Department.
In February of 2009, an appointment of Sergeant Clark Wilcox to the position of Acting Commander was
authorized to oversee both the Staff Services Division and the Auxiliary Services Division until a
permanent decision was made on the SCORE Director position.
On March 11, 2010, Penny Bartley accepted the position of Director of SCORE, creating a vacancy of the
Manager’s position.
Replacing the non-commissioned position with a commissioned position creates additional flexibility
within the organization without an increase in costs.
The result of this reorganization will be a net loss of one non-commissioned employee and a gain of one
commissioned employee as we will need to backfill the newly created Commander’s position with an
officer.
No additional funding in the 2010 Budget is necessary.
STAFF RECOMMENDATION:
Approve and authorize the replacement of a current Manager vacancy with a new Commander position
effective May 1, 2010.
5f. ‐ Police Department requests authorization to replace the vacant
Police Manager position with a new Police Commander position, Page 23 of 123
5f. ‐ Police Department requests authorization to replace the vacant
Police Manager position with a new Police Commander position, Page 24 of 123
POLICE DEPARTMENT
M E M O R A N D U M
DATE:April 5, 2010
TO:
VIA:
Don Persson, Council President
Members of the Renton City Council
Denis Law, Mayor
FROM:
STAFF CONTACT:
Kevin Milosevich, Police Chief
SUBJECT:Police Department Reorganization – Replacing an open
Managers position with a new Commander’s position.
ISSUE:
Should the City Council authorize replacing a vacant Managers position with a new
Commanders position?
RECOMMENDATION:
Approve and authorize the replacement of a current Manager vacancy with a new
Commander position effective May 1, 2010.
BACKGROUND:
The Manager’s position is a non-commissioned position that is the equivalent in rank,
responsibilities, and compensation as a Commander. (Grade m37)
The City of Renton is one of seven owner cities of the SCORE regional jail project. In
February of 2009, Manager Penny Bartley became the Interim Director of SCORE.
Interim Director Bartley’s previous responsibilities included overseeing both the Staff
Services Division and the Auxiliary Services Division within the Police Department.
Currently these two divisions are comprised of 20.4 FTEs with a budget of approximately
$5.4 million dollars.
In February of 2009, an appointment of Sergeant Clark Wilcox to the position of Acting
Commander was authorized to oversee both the Staff Services Division and the Auxiliary
Services Division until a permanent decision was made on the SCORE Director position.
5f. ‐ Police Department requests authorization to replace the vacant
Police Manager position with a new Police Commander position, Page 25 of 123
Page 2 of 2
April 5, 2010
On March 11, 2010, Penny Bartley accepted the position of Director of SCORE, creating a
vacancy of the Manager’s position. The Department anticipates turning over the jail
function to SCORE in September of 2011. Until then, the new Commander’s position will
oversee both Auxiliary Services and the Staff Services Division.
Replacing the non-commissioned position with a commissioned position creates
additional flexibility within the organization without an increase in costs. Examples of
increased flexibility include assigning commissioned members to the Staff Services
Division to work on technology projects, additional command staff available for after
hour call-outs, and redistribution of current work conducted by commanders and
sergeants.
The result of this reorganization will be a net loss of one non-commissioned employee
and a gain of one commissioned employee as we will need to backfill the newly created
Commander’s position with an officer.
No additional funding in the 2010 Budget is necessary.
STAFF RECOMMENDATION
Council concur with recommendation to approve and authorize the replacement of a
current Manager vacancy with a new Commander position effective May 1, 2010.
5f. ‐ Police Department requests authorization to replace the vacant
Police Manager position with a new Police Commander position, Page 26 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Valley Narcotic Enforcement Team Inter-local
Agreement
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Inter-local Agreement
Resolution
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Kevin Milosevich Extension 7503
Recommended Action:
Council concur
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 Valley Narcotic Enforcement Team (VNET) has been in operation for more than two decades. The
structure and operation of this team recently changed when VNET joined forces with the Drug
Enforcement Agency's Airport Task Force. The previous agreement included the King County Sheriff's
Office and the Washington State Patrol. The current agreement no longer includes the Sheriff's Office
or the State Patrol, but has added the Port of Seattle and Federal Way Police Department. This
agreement also formally attaches VNET under the supervision of the US Drug Enforcement Agency
(DEA) Task Force. These changes required a new Inter-local agreement between the partner agencies.
STAFF RECOMMENDATION:
Approve Valley Narcotics Enforcement Team Interlocal Agreement and adopt the resolution
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 27 of 123
POLICE DEPARTMENT
M E M O R A N D U M
DATE:April 5, 2010
TO:Don Persson, Council President
Members of the Renton City Council
VIA:
Denis Law, Mayor
FROM:
STAFF CONTACT:
Kevin Milosevich, Chief of Police
Chad Karlewicz, Police Commander
SUBJECT:Valley Narcotic Enforcement Team
Inter-local Agreement
ISSUE:
Should the City of Renton enter into a new Inter-local agreement regarding the structure
and operation of the Valley Narcotics Enforcement Team with the cities of Auburn, Kent,
Tukwila, Federal Way and the Port of Seattle?
BACKGROUND:
The Valley Narcotic Enforcement Team (VNET) has been in operation for more than two
decades. The structure and operation of this team recently changed when VNET joined
forces with the Drug Enforcement Agency’s Airport Task Force. The previous agreement
included the King County Sheriff's Office and the Washington State Patrol. The current
agreement no longer includes the Sheriff's Office or the State Patrol, but has added the
Port of Seattle and Federal Way Police Department. This agreement also formally
attaches VNET under the supervision of the US Drug Enforcement Agency (DEA) Task
Force. These changes required a new Inter-local agreement between the partner agencies.
RECOMMENDATION:
Approve and Authorize the Mayor to sign the Inter-local Agreement for the Valley
Narcotics Enforcement Team.
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 28 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 1
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE, FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I.PARTIES
The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila,
Port of Seattle, and Federal Way.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (DEA) Task Force.
II.AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III.PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to controlled substances.
IV.FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team (“VNET”), the members of which
shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal
Way. VNET has been in existence for some time and this Agreement
establishes an Inter-local Agreement between the listed jurisdictions. The future
admission or elimination of a jurisdiction as a member of VNET may be
accomplished by an addendum to this agreement.
V.STATEMENT OF PROBLEM
The municipalities within the Puget Sound area have experienced an
increase in urbanization, and in population densities. The ability to address drug
abuse and the crimes associated to controlled substances has stretched the
resources of individual police department specialty units.
Law enforcement efforts directed at dealing with narcotic issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific and complicated narcotic
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased utilization/application of a
combined narcotic enforcement team. The results will be improved services for
all of the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
VI.TEAM OBJECTIVES
The assigned personnel from each participating agency will form a combined
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 29 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 2
investigation team (“Team”) through VNET. Each Police Officer is assigned to
the Team via this agreement, and to DEA through individual agreements with
DEA. VNET shall also be available to outside law enforcement agencies as
outlined under mutual aid and as approved by DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies.
VII.DURATION/TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically extend for consecutive one (1)
year terms without action of the legislative bodies of the participating
jurisdictions, unless and until terminated pursuant to the terms of this
Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90) days after service of the notice on all participating members.
The VNET may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
In the event that VNET withdraws its participation in the DEA Task Force, this
agreement will remain in effect as VNET operates independently as it has done
in the past.
VIII.GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board whose
members are composed of the police chief, or his/her designee, from each
participating jurisdiction. A presiding officer shall be elected by the Board to
serve as Chair. Each member of the Board shall have an equal vote and voice
on all Board decisions. All Board decisions shall be made by a majority vote of
the Board members, or their designees, appearing at the meeting in which the
decision is made. A majority of Board members, or their designees, must be
present at each meeting for any actions taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The Chair shall provide no less than forty-eight (48) hours notice of
all meetings to all members of the Board; PROVIDED, however, that in
emergency situations, the Chair may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
IX.STAFF
The following Staff shall serve at the pleasure of the Board. Staff may be
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 30 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 3
removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent
from his/her respective agency shall be appointed by the Board. The VNET
Supervisor shall act as the first level supervisor for the team and shall report
directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is responsible
for unit accounting, reports, office support, and other duties as appropriate.
Attorney: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the
selection after considering the recommendation. The attorney will be responsible
for reviewing and filing cases, wire orders, search warrants, the prosecution of
forfeiture cases, and other services as needed.
VNET Detectives: Each agency shall contribute one (1) full-time
commissioned officer to the Team.
Employees of Contributing Jurisdictions: The personnel assigned to the
Team shall be considered an employee of the contributing agency. That agency
shall be solely and exclusively responsible for the compensation and benefits for
that employee. All rights, duties, and obligations of the employer and the
employee shall remain with that individual agency. Each agency shall be
responsible for ensuring compliance with all applicable laws with regard to
employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
X.EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating
VNET Detectives. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET Detectives. Each jurisdiction shall provide sufficient funds to
provide for training of its participating VNET Detectives.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the other
participating jurisdictions.
The Board shall be responsible for purchasing VNET equipment. Property
purchased using VNET funds or forfeited property shall remain the property of
the VNET unless the Board transfers it to a participating jurisdiction. The Board
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 31 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 4
will insure a record of the transaction is maintained. The Board must approve
any joint capital expenditure for VNET equipment of $1,500.00 or more.
Approval for capital expenditures of less than $1,500.00 may be authorized by
the VNET Chair.
XI.FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting.
One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent.
The VNET operating budget relies primarily on three (3) funding sources:
State and Federal Grants, the participating agencies, and the VNET assets
forfeited at the state and federal levels.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall request
monthly reimbursements of expenses until the awarded amount is exhausted.
Once the Federal Grant has been exhausted, forfeited assets will be used to pay
expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating agency shall provide VNET with the annual cost
to assign an officer or other approved personnel to the unit. An agency’s annual
contribution is then divided by twelve (12) and credited towards the monthly
salary and benefits of the agency’s participating personnel. All other expenses
are paid for by VNET utilizing either Grant funds or forfeited assets. The Board
shall agree upon a date each year by which time it will notify the participating
agencies of each agencies’ expected contribution.
The DEA contribution to VNET includes providing office space, storage
space, parking, and phone service at no cost.
XII.DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies when
deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIII.DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of the VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided to its participating VNET
members.
Any assets acquired with joint funds of the VNET shall be equally divided
among the participating jurisdictions at the asset's fair market value upon
termination. The value of the assets of the VNET shall be determined by using
commonly accepted methods of valuation. If two (2) or more participating
jurisdictions desire an asset, the final decision shall be made by arbitration
(described below). Any property not claimed shall be declared surplus by the
Board and disposed of pursuant to state law for the disposition of surplus
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 32 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 5
property. The proceeds from the sale or disposition of any VNET property, after
payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the VNET at the time of
dissolution. In the event that one (1) or more jurisdictions terminate their
participation in the VNET, but the VNET continues to exist, the jurisdiction
terminating participation shall be deemed to have waived any right or title to any
property owned by the VNET or to share in the proceeds at the time of
dissolution.
Arbitration pursuant to this section shall occur as follows:
a.The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VNET upon dissolution shall meet to determine who
the Arbitrator will be. The Arbitrator may be any person not employed
by the jurisdictions that desire the property.
b.During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation
to the Arbitrator in support of its position.
c.At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for the
acts or omissions of their participating personnel when acting in furtherance of
this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A.Jurisdiction Not Involved In VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a particular
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
B.Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification
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June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 6
or sharing in the payment of any judgment against any VNET personnel
for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C.Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VNET members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D.Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E.Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed
to trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with
the terms of the settlement. Any settlement made by an individual
jurisdiction without the agreement of the remaining jurisdictions, when
required, shall not relieve the settling jurisdiction from paying an equal
share of any final settlement or award.
F.Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G.Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
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Valley Narcotics Enforcement Team - Interlocal Agreement - 7
XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support of
VNET operations, the jurisdiction shall promptly notify the other jurisdictions that
the claim or lawsuit has been initiated. Any documentation, including the claim
or legal complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
section XVI of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and held
harmless shall promptly tender the defense of such claim or lawsuit to the
jurisdiction that must defend and hold the other harmless.
XVI. PROCESSING OF CLAIMS.
A.Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VNET activities. The lead jurisdiction shall be the jurisdiction within
which the VNET response occurred; PROVIDED, that in the event the
jurisdiction within which the VNET response occurred did not participate
in the VNET response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the VNET response originated. In the
event that a jurisdiction that was not involved in the VNET response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XVII of this Agreement, and shall use its best
efforts to determine who is the appropriate lead jurisdiction.
B.Assistance of VNET Supervisor.
The VNET Supervisor shall assist the lead jurisdiction in responding to a
claim. The VNET Supervisor shall be responsible for gathering all
records relating to the VNET response. These records shall include, but
are not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the VNET response.
The VNET Supervisor shall also provide a list of personnel who
participated in the response and their contact information. The VNET
Supervisor shall deliver all copies of the records to the lead jurisdiction
promptly upon request.
C.Claims of $5,000 or Less.
i.Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Supervisor to gather records relating to the VNET response. The
lead jurisdiction shall provide records to its insurance provider and
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Valley Narcotics Enforcement Team - Interlocal Agreement - 8
shall assist its insurance provider in assessing liability for acts
associated with the claim. The lead jurisdiction shall notify the
other jurisdictions of any determinations as to liability. In
determining whether a claim should be paid, the lead jurisdiction
and its insurance provider shall, at a minimum, consider the
potential legal defenses to the claim and the costs of defending the
claim.
ii.Liability Determination – Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VNET is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and/or the
VNET. In the event the lead jurisdiction determines that payment
of a claim is appropriate, such determination shall be final and
binding upon other jurisdictions and payment shall be apportioned
equally among all jurisdictions that participated in the VNET
response. The insurance provider for the lead jurisdiction shall
provide full payment to the claimant, and each jurisdiction that
participated in the response shall reimburse the insurance provider
for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VNET and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VNET is not
liable for damages set forth in a claim or that the payment of the
claim would not be in the best interest of the jurisdictions and/or
the VNET, the lead jurisdiction shall notify the other jurisdictions of
the determination, and such determination shall be binding on the
other jurisdictions; PROVIDED, that another jurisdiction that
determines that payment is appropriate may pay such claim in full,
and shall not seek reimbursement from the other participating
jurisdictions.
iii.Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
jurisdictions with a letter stating the determination and the bases
for such determination.
D.Claims over $5,000.
i.Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the claim and to determine the
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Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 36 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 9
appropriate manner in which to respond and/or defend the claim.
The Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVII.PROCESSING OF LAWSUITS.
A.Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XVII of this Agreement.
B.Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VNET to discuss the lawsuit
and to determine the appropriate manner within which to respond and/or
defend the lawsuit. The Board and persons listed in Section XX of this
Agreement shall be notified of the meeting.
XVIII.NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XVII of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice
or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XVII of this Agreement, the
following persons from each jurisdiction shall receive any required notification or
documentation:
Auburn:
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
Kent:
Kent City Attorney
220 4th Avenue South
Kent, WA 98032
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Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 37 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 10
(253) 931-3030 (253) 856-5781
Auburn Police Chief
101 N. Division
Auburn, WA 98001
(253) 931-3080
Kent Risk Manager
220 4th Avenue South
Kent, WA 98032
(253) 856-5285
Auburn Human Resources
Director/Risk Manager
25 West Main Street
Auburn, WA 98001
(253) 931-3040
Kent City Clerk
220 4th Avenue South
Kent, WA 98032
(253) 856-5728
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
(253) 931-3039
Kent Police Chief
220 4th Avenue South
Kent, WA 98032
(253) 856-5888
Federal Way:
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
Renton:
Renton Risk Manager
1055 So. Grady Way
Renton, WA 98057
Port of Seattle:
Port of Seattle Claims Manager
P.O. Box 1209
Seattle, WA 98111
CIAW
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
Tukwila:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98043
WCIA:
Claims Manager
WCIA
P.O. Box 1165
Renton, WA 98057
XIX.COMPLIANCE WITH THE LAW
The VNET and all its members shall comply with all federal, state, and local
laws that apply to the VNET.
XX.ALTERATIONS
This agreement may be modified, amended, or altered by agreement of all
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Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 38 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 11
participating agencies and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner provided for by this
agreement.
It is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient operation
of the VNET and to meet the goals of the VNET. It is further recognized that the
Board has the expertise necessary to provide for the efficient operation of the
VNET. To that end, the jurisdictions agree that changes may be made to this
Agreement, or addendums added to this Agreement, without prior approval of
the legislative bodies of the jurisdictions on the condition that such changes or
addendums shall be effective only by a unanimous vote of all members of the
Board.
XXI. RECORDS
Each agency shall maintain records relating to work performed by its
employees assigned to the VNET when operating outside DEA operations. The
VNET office manager shall maintain records relating to the operation of the
VNET to the extent required by law. All records shall be available for full
inspection and copying by each participating jurisdiction.
XXII. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of
the respective participating municipalities, and such other governmental
agencies as may be required by law.
XXIII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not affect
the validity of any remaining section, part, or provision of this Agreement.
XXIV.MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate resolution
or ordinance of the governing body of each participating jurisdiction. This
Agreement shall be deemed effective upon the last date of execution by the last
so authorized representative. This Agreement may be executed by counterparts
and be valid as if each authorized representative had signed the original
document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 39 of 123
June 17, 2009
Valley Narcotics Enforcement Team - Interlocal Agreement - 12
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
City Manager, City of Federal Way Date
City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date
City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date
City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date
City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date
Port Counsel, Port of Seattle Date
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 40 of 123
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 41 of 123
5g. ‐ Police Department recommends approval of the Valley Narcotics
Enforcement Team interlocal agreement with the cities of Auburn, Kent, Page 42 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Compensate Rich Perteet as Deputy Public
Works Administrator, Transportation, at Step
E of grade m45, Effective April 16, 2010
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Gregg Zimmerman, P.E., Public Works Administrator
(ext. 7311)
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ $129,305 Transfer Amendment: $
Amount Budgeted: $ $149,721 Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
2010 will be a critical year for the City in the area of transportation due to major projects including the
current I-405 corridor improvements, SW 27th/Strander Blvd. project negotiations, and the Rainier
Avenue Improvements project, the largest Transportation capital improvement project in Renton’s
history. It was essential to fill the vacant Deputy Public Works Administrator, Transportation position
with a highly skilled individual with experience and regional prestige. Rich Perteet possesses the
needed qualifications and has accepted the position at Step C of grade m45 effective April 16, 2010,
with the understanding that the Public Works Department would seek approval from Renton’s policy
makers to compensate him at Step E. Mr. Perteet’s knowledge, expertise, and connections in the
regional and state-wide transportation industry, as well as his proven ability to deliver large and
complex capital improvement projects on time and within budget (The Landing road improvements in
Renton is an example) warrant that the City hire him at the Step E of grade m45. This position was
already budgeted at Step E of grade m45 for the 2010 budget year and creates no additional increase in
the Transportation Salaries and Wages budget line item.
STAFF RECOMMENDATION:
Authorize the Administration to compensate Rich Perteet as the Deputy Public Works
Administrator, Transportation at Step E of grade m45 effective April 16, 2010.
5h. ‐ Transportation Systems Division requests authorization to fill the
Deputy Public Works Administrator ‐ Transportation position at Step E of Page 43 of 123
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:April 9, 2010
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, P.E., Public Works Administrator
STAFF CONTACT:Gregg Zimmerman, P.E., Public Works Administrator (x-7311)
SUBJECT:Compensate Rich Perteet as Deputy Public Works
Administrator, Transportation at Step E of pay grade m45
ISSUE:
Should the City be authorized to compensate Rich Perteet as the Deputy Public Works
Administrator, Transportation, at Step E of Grade m45 effective April 16, 2010?
RECOMMENDATION:
The Administration recommends that it be authorized by Council to compensate
Rich Perteet as the Deputy Public Works Administrator, Transportation at Step E of
Grade m45 effective April 16, 2010.
DISCUSSION:
The City of Renton is facing unprecedented opportunities and challenges in the area of
transportation. Not only are improvements along the I-405 corridor in Renton being
constructed by the State Department of Transportation, but also other major regional
transportation projects such as the SW 27th/Strander Blvd. project which involves
ongoing project negotiations with the City of Tukwila, Burlington Northern Santa Fe
Railroad and The Boeing Company. Most of the grant funding secured for the
SW 27th/Strander Blvd. project will be lost if design revisions cannot be completed so as
to allow obligation of the grant funding by February 2011. In addition, the City is
finalizing plans to construct the largest transportation capital improvement project in its
history along the Rainier Avenue corridor. Renton also needs to continue to be an
influential participant in planning and funding regional transit. Routing decisions on the
newly proposed King County Metro “Rapid Ride” Bus Rapid Transit line from Burien to
Renton, projected to be implemented in 2013, will be key to optimize its effectiveness
for Renton’s transit users and to compliment Renton’s neighborhood planning goals.
Likewise there is the potential that $50 million in Sound Transit funding will be used to
5h. ‐ Transportation Systems Division requests authorization to fill the
Deputy Public Works Administrator ‐ Transportation position at Step E of Page 44 of 123
Mr. Don Persson
Members of the Renton City Council
Page 2 of 3
April 9, 2010
C:\Documents and Settings\lmoschetti\Desktop\rperteet step e issue paper 040910.doc
provide Bus Rapid Transit service along the I-405 corridor. Renton’s opportunity and
challenge continues to be that it position itself to obtain both roadway and transit
system improvements that will reduce congestion, provide modal options, and provide
improved connectivity to the regional transportation system.
In the current time frame when major regional transportation projects are being
planned and funded, Renton will have only this opportunity to optimize these projects
for Renton’s residential and business users and to assure that the improvements best
compliment Renton’s land use plans. The infrastructure improvements that get
approved and built will be with us for many years to come. These projects will support
our collective efforts to move Renton to the next level as a vibrant urban destination. It
is critical that these projects and planning efforts be managed with a high degree of
insight, expertise and professionalism. This requires visionary leadership and capable
management from the individual that Renton hires to lead the efforts of the
Transportation Systems Division. This individual also needs strong consensus building
and teamwork skills to strengthen collaborative efforts with other City departments on
upcoming projects.
Rich Perteet is a talented and seasoned transportation professional who founded,
owned, and operated his prestigious engineering consulting firm for many years. After
selling the firm and retiring, Mr. Perteet was recruited by the City of Renton to serve as
interim Design Supervisor in January 2006, after the departure of Leslie Landt and two
other key managers. Rich worked for our Transportation Systems Division for seven
months, until permanent full-time managers were hired. When Peter Hahn resigned in
late December 2009, Mr. Perteet was approached about this position and expressed
interest in coming out of retirement on a full-time basis to help lead Renton’s
Transportation Systems Division through its current and upcoming major challenges.
Mr. Perteet’s accomplishments and knowledge of regional and state-wide
transportation issues and policies and his credibility with regional transportation officials
are hard to match. He was selected for this position from an extensive candidate pool.
He has accepted the position as Deputy Public Works Administrator, Transportation at
Step C of the m45 grade, with the understanding that the Public Works Department
would seek the approval of Renton’s policy makers to compensate him at Step E of
grade m45 retroactive to April 16, 2010. Mr. Perteet will also be provided initial sick
leave and vacation balances in recognition of his experience and tenure.
5h. ‐ Transportation Systems Division requests authorization to fill the
Deputy Public Works Administrator ‐ Transportation position at Step E of Page 45 of 123
Mr. Don Persson
Members of the Renton City Council
Page 3 of 3
April 9, 2010
C:\Documents and Settings\lmoschetti\Desktop\rperteet step e issue paper 040910.doc
CONCLUSION:
It is our opinion that we will not be able to find an individual more suited by background,
skills, abilities, and regional prestige to fill this position than Rich Perteet. Therefore we
are recommending that the City Council authorize the Administration to compensate the
candidate for this position, Rich Perteet, at Step E of pay grade m45 effective April 16,
2010.
cc:Jay Covington, Chief Administrative Officer
Nancy Carlson, Human Resources/Risk Management Administrator
Iwen Wang, Finance/Information Technology Administrator
JoAnn Wykpisz, Principal Financial and Administrative Analyst
5h. ‐ Transportation Systems Division requests authorization to fill the
Deputy Public Works Administrator ‐ Transportation position at Step E of Page 46 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Addendum No. 2 to CAG-09-090 with R.W. Beck
for the 196 Pressure Zone Reservoir Preliminary
Feasibility Study
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Addendum No. 2 to CAG-09-090
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Abdoul Gafour, x7210, J.D. Wilson, x7295
Recommended Action:
Refer to Utilities Committee
Fiscal Impact:
Expenditure
Required: $
$76,116 (for Addendum No.
2)
Transfer
Amendment: $
$20,000 from acct
#425/455585 to acct #
425/455570
Amount
Budgeted: $ N/A Revenue
Generated: $N/A
Total Project
Budget: $
$100,000 (2010 budget),
$60,000 (available balance)
City Share Total
Project: $ 100%
SUMMARY OF ACTION:
The Water Utility requests Council’s approval of Addendum No. 2 to Engineering Consultant Agreement CAG-09-090 with
R.W. Beck, in the amount of $76,116, to conduct geotechnical investigations on a second site as part of a feasibility study
on a potential site for a future City 196 pressure zone water reservoir in the Black River quarry area.
The Water Utility also requests Council’s approval to transfer $20,000 from the budget for the Water System Security
Improvements Project (acct #425/455584) to the 196 Pressure Zone Reservoir Project (acct #425/455570) to cover the
additional $16,116.00 needed for the addendum and for staff cost of about $3,884 for project management. There will be
no increase in the approved 2010 total capital improvements budget.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum No. 2 to CAG-09-090 with R.W. Beck, in the
amount of $76,116, for services related to the City 196 pressure zone water reservoir.
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 47 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 48 of 123
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:April 2, 2010
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Abdoul Gafour, Water Utility Supervisor (ext. 7210)
J.D. Wilson, Water Utility Engineer (ext. 7295)
SUBJECT:Addendum No. 2 to CAG-09-090 with R.W. Beck for the 196
Pressure Zone Reservoir Preliminary Feasibility Study
ISSUE:
Should Council approve Addendum No. 2 to Engineering Consultant Agreement
CAG-09-090 with R.W. Beck, in the amount of $76,116, to conduct a feasibility study on
a second potential site in the vicinity of the Black River quarry area for a future City 196
pressure zone water reservoir?
Should Council also approve a budget re-appropriation, in the amount of $20,000, to
cover the costs of Addendum No. 2 and City staff time for project management?
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute Addendum No. 2 to
Engineering Consultant Agreement CAG-09-090 with R.W. Beck, in the amount of
$76,116, for consultant services related to the feasibility study on a second potential site
in the vicinity of the Black River quarry area for a future City 196 pressure zone water
reservoir.
Approve a budget re-appropriation of $20,000 from the approved 2010 capital
improvements budget for the Water System Security Improvements Project
(acct # 425/455584) to the 196 Pressure Zone Reservoir Project (acct # 425/455570).
BACKGROUND SUMMARY:
In June 2009, City Council approved a consultant contract CAG-09-090 in the amount of
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 49 of 123
Mr. Don Persson
April 2, 2010
Page 2 of 3
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ Reservoir
Site Evaluation\Contract\Addendum2\Issue-Paper-Addendum2.doc\AGtp
$69,043.35, with R.W. Beck, to conduct a feasibility study including geotechnical
investigations to determine the suitability of a site in the Black River quarry area for the
potential acquisition of a future City water reservoir.
Preliminary geotechnical investigations through excavation of six test pits ranging from
10-feet to 18-feet deep showed that the site is underlain by a thick layer of various fill
materials, including silts, clay, concrete and other construction rubble with
undetermined void spaces. The consultant was concerned with the structural integrity
of a large future water reservoir with a foundation that could possibly settle and cause
significant damages or possible collapse of the reservoir. The consultant recommended
that additional geotechnical investigations be performed using a rotary-percussion drill
in order to better assess subsurface conditions. This method and special drilling
equipment can probe the subsurface to a depth of 100 feet.
In September 2009, the City approved Addendum No. 1 to CAG-09-090, in the amount of
$46,080, and authorized the consultant to proceed with the additional work using the
rotary-percussion drill. Eighteen test holes were drilled and the developed geotechnical
profiles showed that bedrock was encountered from 15-feet to 68-feet under layers of
loose to dense soils, rocks, and boulders. Based on the result of the investigations, the
consultant concluded that there is a possibility of excessive settlement if a large
reservoir is constructed on this site, unless the City would consider additional and
expensive options to prepare the site for the foundation of the reservoir, such as:
1.Total removal of fill materials from the entire site and replacement with properly
compacted structural fill, with fill depths up to 70 feet. The earthwork volume is
estimated at 120,000 cubic yards with an estimated cost range of $2.5 million to
$3.4 million.
2.Preloading the entire site with fill materials and monitoring for settlement. The
estimated cost for the placement and removal of a 30-foot height of surcharge
materials over the entire site is about $2.4 million.
Both options will require monitoring, soil testing, and inspection of removal and
placement of fill materials to assure that the subgrade can adequately support the
future reservoir.
The Water Utility provided the results of the consultant’s investigations, findings and
recommendations to Mr. Gary Merlino, the property owner and developer.
Mr. Merlino has offered an alternate site for the City’s consideration. The second site is
about 800 feet east of the first one and it is near an area which was originally prepared
and graded for residential development. Mr. Merlino is considering converting the site
to industrial and commercial development.
The Water Utility requests Council’s approval of Addendum No. 2 to CAG-09-090, in the
amount of $76,116, to conduct a feasibility study of the second site. The study will
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 50 of 123
Mr. Don Persson
April 2, 2010
Page 3 of 3
H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ Reservoir
Site Evaluation\Contract\Addendum2\Issue-Paper-Addendum2.doc\AGtp
include:
1.Geotechnical investigations and recommendations for site grading and filling for
support of a future reservoir.
2.Development of conceptual layout of the reservoir, access road and utilities.
3.Planning level cost estimate for design and construction of reservoir.
The Water Utility has budgeted $100,000 for this project in the 2010 Capital
Improvement Program budget (acct #425/455570). There are $60,000 available funds
remaining in the project budget. Staff requests Council’s approval to transfer $20,000
from the budget for the Water System Security Improvement Project (acct
#425/455584) to the 196 Pressure Zone Reservoir Project (acct #425/455570) to cover
the additional $16,116.00 needed for the addendum and staff costs of about $3,884.00
for project management.
An extension of the contract time to December 31, 2010, is also included with this
addendum to allow the consultant to complete the work.
CONCLUSION:
The City needs to look for properties to acquire for a future reservoir in the 196 pressure
zone in order to provide water storage to meet water demand from growth and from
future development and redevelopment projects within the City’s water service area.
The Water Utility has used due diligence by performing all necessary investigations of a
first potential site in the Black River quarry area and determined that expensive
construction options would be required to prepare this site for the foundation of a
future reservoir. The property owner has offered an alternate site for the City’s
consideration and the Water Utility would like to perform a site evaluation of this
property.
Council’s approval of Addendum No. 2 to the contract with R.W. Beck, in the amount of
$76,116, and of budget re-appropriation for $20,000 is needed for the Water Utility to
proceed with the evaluation of a second potential site for acquisition.
cc:Lys Hornsby, Utility Systems Director
JoAnn Wykpisz, PW Principal Financial and Admin Analyst
Hai Nguyen, FIS Budget Analyst
File
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 51 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 52 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 53 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 54 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 55 of 123
5i. ‐ Utility Systems Division recommends approval of Addendum No. 2
to CAG‐09‐090, with R.W. Beck, in the amount of $76,116, for additional Page 56 of 123
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Long-term Lease of Airport Property to The Boeing
Company
Meeting:
Regular Council - 19 Apr 2010
Exhibits:
Issue Paper
Ground and Building Lease Agreement Between
the City of Renton and The Boeing Company
Through-The-Fence Agreement
Exhibit Maps A-H
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager (ext. 7471)
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $1,324,094.42
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Boeing Company’s (Boeing) existing long-term lease of Airport property, signed on June 1, 1965,
ends on May 31, 2010. A new long-term lease of Airport property has been finalized. The lease has
been prepared according to commercial and airport industry standards for the leasing of airport
property, consistent with the Federal Aviation Administration’s (FAA) grant assurances and the Renton
Municipal Airport Leasing Policies.
In this new lease, Boeing retains almost all of its existing footprint with the exceptions of a small
electrical substation that is being abandoned, the City owned 5-02 Building that is attached to the old
control tower building on the east side of the Airport, and a small parking lot in the southeast corner of
the Airport, adjacent to the 5-02 Building. The highlights of the new lease are:
l Lease Duration: 20-year ground and building lease, with two consecutive 10-year options.
l Ground Lease Rate: Ground rate is $0.62 per square foot per year with three (3)-year CPI
adjustments.
l Building Reversion Applied: The fair market rental value of the following buildings is included:
Buildings 508 and 509, Building 550 (the paint hangar, excluding 2008-2009 improvements), and
the 5-45 fuel farm site (excluding fuel tanks).
A Through-The-Fence Access Agreement and fee will be collected as required by the FAA for access
onto the Airport from Boeing owned private property.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a new long-term lease of Airport property with The
Boeing Company.
5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 57 of 123
imrai®
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE:
TO:
VIA:
FROM:
STAFF CONTACT:
SUBJECT:
April 19, 2010
Don Persson, Council President
Members of the Renton City Council
Denis Law, Mayor
Gregg Zimmerman, Administrator
Ryan Zulauf, Airport Manager (extension 7471)
Long-term Lease of Airport Property to The Boeing Company
ISSUE:
Should Council authorize the Mayor and City Clerk to sign a long-term lease of Airport property to The Boeing
Company?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a new long-term lease of Airport property with The Boeing
Company.
BACKGROUND:
The Boeing Company's (Boeing) existing long-term lease of airport property, signed on June 1,1965, ends on
May 31, 2010. Both the City and Boeing would like to continue the 67-year partnership that has manufactured
the finest commercial and military aircraft ever produced. In order to continue this relationship, a new long-
term lease of Airport property is needed.
Attached to this agenda bill and issue paper is a new long-term lease, prepared in partnership with Boeing
staff. The lease has been prepared according to commercial and airport industry standards for the leasing of
airport property.
The lease is consistent with the Federal Aviation Administration's (FAA) grant assurances signed by the City
each time the City accepts federal grant funds for Airport improvements. The lease is also consistent with the
Renton Municipal Airport Leasing Policies adopted February 25, 2008, and consistent with several of the City
Council's key governing policies for the Airport which are: "The Airport should be financially self-sustaining.
The mix of uses at the Airport should operate within the regulatory framework set by the Federal Aviation
Administration. The mix of uses at the Airport should contribute to the City's Business Plan Goals and
Objectives." 5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 58 of 123
In this new lease, Boeing retains almost all of their existing footprint with the exceptions of a small electrical
substation that is being abandoned, the City-owned 5-02 Building that is attached to the old control tower
building on the east side of the Airport, and a small parking lot in the southeast corner of the Airport, adjacent
to the 5-02 Building. The highlights of the new lease are:
• Lease Duration: 20-year ground and building lease, with two consecutive
10-year options.
• Ground Lease Rate: Initial Lease rate is $0.62 per square foot per year, and will be adjusted at three-
year intervals by either the consumer price index (CPI), or to through a market rate analysis (the
market rate analysis will occur every six years.)
• Building Reversion Applied: The fair market rental value of the following buildings is included:
Buildings 508 and 509, Building 550 (the paint hangar, excluding 2008-2009 improvements), and the 5-
45 fuel farm site (excluding fuel tanks).
The appraisal firm of Allen, Brackett, Shedd, which is very familiar with the appraisal of airport property in the
Puget Sound, was retained in 2008 to appraise both the ground rental rates and building rental rates for each
building that would be leased by the City to Boeing. That appraisal was completed in February 2009 and
immediately shared with Boeing staff. The new ground rental rate was established at $0.62 per square foot
per year and the building lease rates varied as to the type and quality of the buildings being leased to Boeing.
The lease rates will be adjusted in year three of the lease based on the Consumer Price Index (CPI) for the
Seattle/Tacoma Urban area and on either the CPI or an appraisal in year six of the lease, and then based on
the CPI in year nine, and so on.
Consistent with the Renton Municipal Airport Leasing Policy item 6.7 - Reversion, and Boeing's 1965 lease
with the City, the City will assume ownership of several on-Airport buildings currently owned by Boeing. The
new long-term lease re-leases these buildings to Boeing at the appraised fair market value. For the remaining
on-Airport buildings in which Boeing retained ownership, the new long-term lease carries a provision that
requires Boeing to remove its building at the end of the lease term at the City's discretion. The existing 1965
lease with Boeing did not contain this provision, which exists in all other Airport property leases since the
1970's.
Consistent with FAA policy pertaining to a privately-owned property that has access to a federal funded
airport, the new long-term lease also has a "Through-The-Fence" Access (TTF) Agreement which is addressed
in Attachment A of the new long-term lease. This TTF Agreement also contains a fee that the Airport must
collect in exchange for the right to access the Airport. The previous lease did not contain a TTF provision. The
rent and TTF fee collected through this long-term lease of Airport property helps the Airport meet one of its
federal grant assurances of maintaining a financially self-sustaining fee and rental structure, and was derived
using the Airport Cash Flow Model.
Rich Perteet, Deputy PW Administrator-Transportation
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr/Carolyn Currie, Airport Secretary
5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 59 of 123
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GROUND AND BUILDING LEASE
Between
City of Renton and The Boeing Company
THIS GROUND AND BUILDING LEASE (hereinafter "Lease") is made and entered into this
1st day of June, 2010 by and between THE CITY OF RENTON, a Washington municipal
corporation (hereinafter "Landlord") and The Boeing Company, a Delaware Company
(hereinafter "Tenant").
FOR VALUABLE CONSIDERATION and in consideration of the covenants and
agreements set forth in this Lease, Landlord and Tenant agree as follows:
1. GRANT OF LEASE:
La. Legal Description and Reservation of Easement: Landlord hereby leases to
Tenant, and Tenant leases from Landlord for the Term described in Section 3 below, the parcels
of land and, where applicable the buildings and other improvements associated therewith, shown
on the following Exhibits with the Lease Maps and Legal Descriptions and Boeing Building
Numbers:
Exhibit "A" - Lease Parcel 5-08/5-09 Building
Exhibit "B" - Lease Parcel 5-50
Exhibit "C" - Lease Parcel Aircraft Positions A-4 through A-9 & Compass Rose
Exhibit "D" - Lease Parcel North Bridge Access
Exhibit "E" - Apron B
Exhibit "F" - Boeing Substation B-l
Exhibit "G" - Lease Parcel Fuel Farm/Building 5-45
Each of these Exhibits are attached hereto and incorporated herein by this reference (hereinafter,
"Premises").
l.b. Common Areas: Tenant, and its authorized representatives, subtenants,
assignees, agents, invitees, and licensees, shall have the right to use, in common with others, on a
non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may
be amended from time to time) pursuant to Section 8(e), the public portion of the Renton
Municipal Airport (Aka Clayton Scott Field. Hereinafter referred to as "Airport"), including the
runway and other public facilities provided thereon.
l.b.l Notwithstanding anything in this Lease to the contrary, Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant's business on the Premises and, except, during construction activities occurring on the
taxiways, runway or weather related events, Landlord shall ensure that Tenant and its
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representatives, subtenants, assignees, agents, invitees, and licensees have direct access to the
taxiways and runway at all times during the Term (and the parties hereby agree that the Through
the Fence Access Agreement set out in Attachment A, which is attached to this Lease and by this
reference made a part of this Lease, contains the agreement of Landlord and Tenant with respect
to such access by Tenant), PROVIDED that if Landlord plans any construction activity on the
taxiways or runway, Landlord will schedule such activity so as not to interfere with Tenant's use
of the Premises, the taxiways, or the runway, will notify Tenant of any plans for such activity not
less than six months in advance of the commencement of such activity, and will consult and
coordinate with Tenant to ensure that such activity does not interfere with Tenant's use of the
Premises, the taxiways, or runway, except that in the case of an emergency Landlord may
proceed with such activity without notice to the Lessee and will use its best reasonable efforts not
to interfere with Tenant's use of the Premises, taxiway, or runway in addressing such emergency.
For purposes of this provision, an "emergency" is a condition that presents an imminent threat of
bodily injury to or death of any person or loss of or significant damage to any property.
2. CONDITIONS:
2.a. Specific Conditions: This Lease, and Tenant's rights and permitted uses
under this Lease, are subject to the following:
2.a.(l) Easements, restrictions and reservations of record;
2.a.(2) The Airport Regulations and Minimum Standards pursuant to Section 8(e),
including Landlord's standards concerning operation of aviation activities from the Airport, and
2.a.(3) All such non-discriminatory charges and fees for use of the Airport as may be
established from time to time by Landlord as set out in Section 4.f of this Lease.
2.b. No Conveyance of Airport: This Lease shall in no way be deemed to be a
conveyance of the Airport, and shall not be construed as providing any special privilege for any
public portion of the Airport except as described herein. The Landlord reserves the absolute
right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for
the Airport, except that portion that is leased hereby; provided, however, that any such other
lease, use or purpose shall not interfere with Tenant's ability to meet its obligations under
Section 9 of this Lease.
2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord
holds and operates the Airport, and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America, acting through its Reconstruction
Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and
exceptions of the United States therein and thereunder, which grant and conveyance has been
filed for record in the office of the Recorder of King County, Washington, and recorded in
Volume 2668 of Deeds, Page 386; and further that Landlord holds and operates said Airport and
Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter
165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said
state and all rules and regulations lawfully promulgated under any act or legislation adopted by
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DRAFT 19 APRIL 2010 5:02p.m. Z FONTES
the State of Washington or by the United States or the Federal Aviation Administration, and
subject to all of the foregoing, Landlord agrees that it will maintain the Airport as an airport and
in the condition required for the conduct of Tenant's business at the Airport throughout the Term
(as defined in Section 3b). It is expressly agreed that the Tenant also accepts and will hold and
use this Lease and the Premises subject thereto and to all contingencies, risks, and eventualities
of or arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of
this Lease are or become in conflict with or impaired or defeated by any such legislation, rules,
regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede
any provision of this Lease affected thereby, all without any liability on the part of, or recourse
against, Landlord in favor of Tenant, provided that Landlord does not exceed its authority under
the foregoing legislation, rules and regulations.
2.d. Future Development/Funding: Subject always to Tenant's rights under Section l.b.l
of this Lease, nothing contained in this Lease shall operate or be construed to prevent or hinder
the future development, improvements, or operation of Airport by Landlord, its agents,
successors or assigns, or any department or agency of the State of Washington or of the United
States, or the consummation of any loan or grant of federal or state funds in aid of the
development, improvement, or operation of the Renton Municipal Airport, but no such action
shall adversely affect Tenant's use of the Premises, the taxiway, or runway.
3. TERM:
3.a. Initial Term: The initial term of this lease (herein referred to as the "Term" subject
to the provisions of Section 3.b) shall be for a twenty (20) year period commencing on June 1,
2010, (hereinafter "Commencement Date"), and terminating on May 31, 2030 (hereinafter
"Expiration Date"). The period from June 1, 2010 through May 31, 2030 is sometimes referred
to in this Lease as the "Initial Term".
3.b. Option to Extend Term: In the event that Tenant is not in default under this Lease
beyond any applicable notice and cure period at the time Tenant exercises the right to extend the
Term, and provided the Term of this Lease has not previously terminated pursuant to this Lease,
then Tenant may extend the Term for two (2) respective additional periods often (10) years each
(respective, the "First Extension Option" and the "Second Extension Option") by delivering a
written notice to Landlord pursuant to Section 23. The period from June 1, 2030 through May
31, 2040 is sometimes referred to in this Lease as the "First Extended Term". The period from
June 1, 2040 through May 31, 2050 is sometimes referred to in this Lease as the "Second
Extended Term". The First Extended Term and the Second Extended Term are sometimes
referred to in this Lease individually or collectively as an "Extended Term" or as the "Extended
Terms". The "Term" as used in this Lease shall include the Initial Term together with the First
Extended Term, if the First Extension Option is exercised, and the Second Extended Term, if the
Second Extension Option is exercised, and the Expiration Date shall be May 31, 2040, if Tenant
exercises the First Extension Option, and May 31, 2050, if Tenant exercises the Second
Extension Option.
3.b.l. Rental: The amount of Minimum Monthly Rental to be paid during the First
Extended Term shall be the Minimum Monthly Rental in effect at the end of the Initial Term and
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the amount of Minimum Monthly Rental to be paid during the Second Extended Term shall be
the Minimum Monthly Rental in effect at the end of the First Extended Term, but the Minimum
Monthly Rental shall continue to adjust as described in Section 4.b during any Extended Term.
3.b.2. Notice of Desire to Extend Lease Term: Notice of Tenant's desire to exercise
either the First Extension Option or the Second Extension Option must be given not less than one
(1) year prior to the Expiration Date then in effect, and shall conform to the requirements in
Section 23 (Notices), below.
3.b.3. Addendum: Upon the exercise of the First Extension Option or the Second
Extension Option, Landlord and Tenant shall execute an Addendum to this Lease acknowledging
the extension of the Term and the new termination date, and lease rates, if applicable.
4. RENT AND FEES:
4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in
the sum of eighty seven thousand, seven hundred fifty dollars and sixteen cents ($87,750.16)
which amount is one-twelfth of the Total Annual Rent shown in the chart below, PLUS
Leasehold Excise Tax as described in Section 5, below without deduction, offset, prior notice or
demand, payable promptly in advance on the first day of each and every month during the Term.
All such payments shall be made to the Director of Finance, City of Renton, Renton Municipal
Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The Minimum Monthly
Rent is computed as follows:
Exhibit
Exhibit A
Exhibit B
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Lease Parcel/Building
Description
5-08/5-09 Building and
Land and Aircraft Position
A-l
550 Building
(improvements not
charged)
550 Land and Aircraft
Positions A-2 & A-3
Aircraft Position A-4
through A-9 and Compass
Rose
North Bridge Access
Apron B
Boeing Substation B-l
5-45 Building (building
only)
Leased
area (sq ft)
132,896
467,809
16,778
167,829
453
2010 Rates
$356,707
$153,600
$0.62/sq ft/yr
$0.62/sq ft/yr
$0.62/sq ft/yr
$0.62/sq ft/yr
$0.62/sq ft/yr
$20,100
Annual Rent
$356,707.00
$153,600.00
$82,395.52
$290,041.58
$10,402.36
$104,053.98
$280.86
$20,100
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Exhibit G | 5-45 Land (land only) | 57,130 | $0.62/sq ft/yr[ $35,420.60
Total Annual Rent = $1,053,001.90 plus Leasehold Excise Tax
4.b. Periodic Rental Adjustment: The Minimum Monthly Rent shall be subject to
adjustment on the third (3rd) anniversary of the Commencement Date and every three years
thereafter on the anniversary of the Commencement Date (any of which shall hereinafter be
referred to as "Adjustment Date" and the amount to which the Minimum Monthly Rent is
adjusted at any Adjustment Date shall hereinafter be referred to as "Adjusted Monthly Rent") as
follows:
4.b.l Adjustment at Year 3. 9. and 15. As used in this Section 4.b.l, "Index" means the
Consumer Price Index for All Urban Consumers for Seattle-Tacoma-Bremerton All
Items (1982-84=100) (CPI-U) published by the United States Department of Labor,
Bureau of Labor Statistics; "Beginning Index" means the Index that is published nearest,
but preceding, the Commencement Date; and "Adjustment Index" means the Index that is
published nearest, but preceding, the first, third, and fifth Adjustment Date, respectively.
"Preceding Index" means, with respect to the third and fifth Adjustment Date (that is,
June 1, 2019 and June 1, 2025) respectively, the Adjustment Index that was published
nearest, but preceding the first and third Adjustment Date (that is, June 1, 2013 and June
1, 2019), respectively.
For the Periodic Rent Adjustment that occurs at the first Adjustment Date, if the
Adjustment Index for such Adjustment Date has increased over the Beginning Index, the
Minimum Monthly Rent payable for the following three (3) year period (until the next
Adjustment Date) shall be set by multiplying the Minimum Monthly Rent provided for in
Section 4.a. of this Lease by a fraction, the numerator of which is the Adjustment Index
for such Adjustment Date and the denominator of which is the Beginning Index. The
product shall be the Adjusted Monthly Rent for the ensuing three (3) year period. In no
event shall the Minimum Monthly Rent determined pursuant to this paragraph be less
than the Minimum Monthly Rent set forth in Section 4. a. of this Lease.
For the Periodic Rent Adjustments that occur at the third and fifth Adjustment Date,
respectively, if the Adjustment Index published nearest, but preceding, such Adjustment
Date has increased over the Preceding Index, the Minimum Monthly Rent payable for the
following three (3) year period (until the next Adjustment Date) shall be set by
multiplying the then current Adjusted Monthly Rentby a fraction, the numerator of
which is the New Adjustment Index and the denominator of which is the Preceding
Index. The product shall be the Adjusted Monthly Rent for the ensuing three (3) year
period. In no event shall the Adjusted Monthly Rent determined pursuant to this
paragraph be less than the Minimum or Adjusted Monthly Rent established for the
immediately preceding three (3) year period.
5
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4.b.2 Adjustment at Year 6. 12. and 18. For the Periodic Rent Adjustments that occur
in years six (6), twelve (12), and eighteen (18) (that is, effective June 1, 2016, June 1
2022, and June 1, 2028, respectively), Landlord and Tenant agree that the Minimum
Monthly Rental shall be adjusted to the then current fair market rent. As soon as is
practical prior to the relevant Adjustment Date, Landlord shall advise Tenant of
Landlord's opinion of the then current fair market rent for the Premises. If Tenant agrees
with such opinion, such rent shall be the Adjusted Monthly Rent for the ensuing three (3)
year period. If Tenant disagrees with such opinion, Tenant shall within thirty (30) days
of Tenant's receipt of Landlord's opinion provide Landlord with Tenant's opinion of the
then current fair market rent for the Premises (and if Tenant has not received Landlord's
opinion prior to March 1 preceding the relevant Adjustment Date, Tenant may provide
Landlord with Tenant's opinion of the then current fair market rent for the Premises at
any time prior to the relevant Adjustment Date). If Landlord agrees with Tenant's
opinion, such rent shall be the Adjusted Monthly Rent for the ensuing three (3) year
period. If the parties have not agreed in writing on the fair market rent for the Premises
on or before the applicable Adjustment Date, the parties shall use the procedure specified
in Section 4.c to resolve such dispute. Whenever the Adjusted Monthly Rent is
determined pursuant to this Section 4.b.2 after the relevant Adjustment Date, Tenant shall
continue to pay the Monthly Rental that was in effect immediately prior to the relevant
Adjustment Date and the Adjusted Monthly Rent, once it is determined, shall be effective
retroactively to the relevant Adjustment Date and the parties shall make the necessary
adjustment to their accounts as soon as is practical. If prior to the relevant Adjustment
Date neither party has provided the other with its opinion of the fair market rent for the
Premises, the Monthly Rent in effect immediately prior to the relevant Adjustment Date
shall be the Adjusted Monthly Rent for the ensuing three (3) year period.
4.c. Dispute Resolution Re: Readjustment of Rental: If the parties are unable to agree
upon such adjusted rental by negotiation as set out in Section 4.b.2, then the parties shall submit
the matter of the adjusted rental for the ensuing period to arbitration. Landlord and Tenant do
hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150)
calendar days, using the following procedures:
4.c(l). Landlord shall select and appoint one arbitrator and Tenant shall select and
appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the
end of the negotiation period cited in paragraph 4d. Landlord and Tenant shall each notify the
other of the identity of their arbitrator and the date of the postmark of the letter, or date of
personal delivery, shall be considered the date of appointment.
4.c(2). The two appointed arbitrators shall meet, and shall make their decision in writing
within thirty (30) days after the date of their appointment. If the appointment date for either
arbitrator is later than the other, the latter date shall be the appointment date for purposes of the
thirty (30) day deadline.
4.c(3) If the two arbitrators are unable to agree within a period of thirty (30) days after
such appointment, they shall, within a period of thirty (30) days, select a third arbitrator. If such
third arbitrator has not been selected or if such third arbitrator has not accepted such appointment
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within such thirty (30) day period, either Landlord or Tenant may apply to the head of the Seattle
office of the American Arbitration Association to appoint said third arbitrator.
4.c(4). The three arbitrators shall have thirty (30) days from the date of selection of the
third arbitrator to reach a majority decision unless the time is extended by agreement of both
parties. The decision of the majority of such arbitrators shall be final and binding upon the
parties hereto.
4.c(5). The arbitrators shall be experienced real estate appraisers and be knowledgeable
in the field of comparable airport rentals and use charges in King County and shall give due
consideration to any change in economic conditions from the preceding rental period. After a
review of all pertinent facts, the arbitrators may increase or decrease such rental rate or continue
the previous rental rate for the ensuing three (3) year period.
4.c(6). Leasehold improvements made by the Tenant shall not be considered as part of
the leased premises for the purpose of future adjustments or readjustments of the rental rates.
4.c(7). Each party shall pay for and be responsible for the fees and costs charged by the
arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties.
4.c(8). The readjusted rental in each case, whether determined by arbitration or by
agreement of the parties themselves, shall be effective as of the rental Adjustment Date.
4.d Through the Fence Access Fee. The terms set out in Attachment A shall govern the
amount of the Through the Fence Access Fee payable by Tenant in addition to Minimum
Monthly Rent. For ease of reference, the parties note that the Through the Fence Access Fee
shall be payable in monthly installments initially in the amount of Twenty-two Thousand Five
Hundred Ninety-one and 04/100 Dollars ($22,591.04) which amount is one-twelfth of the
Annual Through The Fence Access Fee provided for in Attachment A.
The Through the Fence Access Fee shall be paid without deduction, offset, prior notice or
demand, and shall be payable promptly in advance on the first day of each and every month
during the Term. All such payments shall be made to the Director of Finance, City of Renton,
Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057.
The Through The Fence Access Fee will be used by the Landlord solely for capital
improvements to the airport and its associated facilities. No Leasehold Excise Tax is payable
with respect to the Through The Fence Access Fee.
4.e. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the
third (3rd) business 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. Should Tenant pay said late
charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's
acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to
Tenant's nonpayment nor prevent Landlord from exercising all other rights and remedies
available to Landlord under this Lease or under law. If any check received by Landlord from
Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant
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agrees to pay, an additional charge up to the maximum amount allowed by law. Unpaid amounts
shall bear interest at the rate of twelve (12%) percent per annum until paid.
4.f. Other Fees and Charges: Tenant shall pay, in addition to the Minimum Monthly
Rent and other charges identified in this Lease, its proportionate share of all non-discriminatory
fees and charges now in effect or hereafter levied or established by Landlord during the Term for
any currently unanticipated Surface Water Utility charges imposed on the Airport by the City of
Renton as surface water management charges to the extent that such increase exceeds twenty
percent (20%) of the amount of the Surface Water Utility charge so imposed on the Airport by
the City of Renton for the immediately preceding calendar year.
Tenant shall also pay all non-discriminatory fees and charges established by any governmental
agency or authority other than Renton that become levied or charged during the Term against (1)
the Premises, (2) the structures, business operations, or activities conducted by Tenant on, at, or
from the Premises, (3) the use made by Tenant of the Premises, or (4) services rendered to the
Premises or to Tenant at the Premises.
5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax
as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall
be in addition to the Minimum Monthly Rent and other charges payable under this Lease and
shall be paid separately to the Director of Finance, City of Renton, at the same time the
Minimum Monthly Rent is due. If the State of Washington or any other governmental authority
having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this
Lease or the leasehold estate, then Tenant shall pay such tax or charge when due. Such tax or
charge shall be in addition to Minimum Monthly Rent and other charges payable under this
Lease.
6. PAYMENT OF UTILITIES AND RELATED SERVICES: Tenant shall pay for all
utilities and services used in the Premises, including without limitation, electricity, gas, water,
sewer, garbage removal, janitorial service and any other utilities and services used in the
Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any
variation, interruption, or failure of any utility services due to any cause whatsoever, except, and
only to the extent caused by Landlord's negligence. Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs, alterations or
improvements, or due to accident, strike, act of God, or conditions or events not under
Landlord's control. Temporary interruption or failure of utility services shall not be deemed a
breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations
hereunder.
7. TENANT'S ACCEPTANCE OF PREMISES:
7.a. Acceptance of Premises: Tenant accepts the Premises in their "AS IS" condition.
Tenant accepts the Premises subject to all applicable federal, state, county and municipal laws,
ordinances and regulations governing and regulating the use of the Premises. Subject to the
other provisions of this Lease, this Lease is subject to all such laws, ordinances and regulations.
Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord, nor
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Landlord's agents have made any representation or warranty as to the suitability of the Premises
for the conduct of Tenant's business or use. Except as otherwise provided herein, Landlord
warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance
from Landlord, or others claiming by or through Landlord.
8. USE OF PREMISES:
8.a. Use of Premises: The Premises are leased to the Tenant for the following described
purposes and uses necessary to said purposes, in accordance with the Airport Regulations and
Minimum Standards pursuant to Section 8(e):
8.a.(l) Aircraft storage, manufacturing, modification, operation, and maintenance
including fueling, inspection, major and minor repair, and major and minor alteration of
airframes, engines, avionics, interiors and aircraft components; flight test activities; training.
8.a.(2) Storage and tie-down of aircraft, both indoors and outdoors;
8.a.(3) Any use that is ancillary to aircraft storage, manufacturing, maintenance,
operation, and modification, flight test activities, and fraining and any other use that is aviation
related and requires access to the runway.
8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used for
those purposes set forth above during the Term, shall not be allowed to stand vacant or idle
unless Tenant determines in its sole discretion that allowing the Premises to stand vacant or idle
is necessary given business conditions affecting aircraft delivery and/or manufacturing at the
time of such determination, and subject to reasonable, temporary interruptions for maintenance,
construction, or other purposes.
8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for
uses or activities that are not related, directly or indirectly, to aviation.
8.d. Signs:
8.d.(l) Advertising: No advertising matter or signs shall be displayed on the Premises or
structures, at any time, without the prior written approval of Landlord, which approval will not
be unreasonably withheld.
8.d.(2) Building Address: The building street number, as assigned by the City of
Renton, shall be displayed in the upper right-hand corner of the East and West side of each
building, as viewed from Perimeter Road and the Taxiway. The number type and color shall be
as directed by the Alport Manager, and the number size shall be as required by current Fire
Code.
8.e. Conformity with Laws. Rules and Regulations: Tenant shall comply with applicable
federal, state, county and municipal laws, ordinances and regulations concerning Tenant's use of
the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and
activities in or about the Premises in conformity with the Airport Regulations and Minimum
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Standards and other reasonable rules and regulations now or hereafter adopted by Landlord,
provided that all such Airport Regulations and Minimum Standards and other rules adopted
hereafter are non-discriminatory, all at Tenant's cost and expense.
Tenant shall use the Premises and all structures, improvements, and activities in or about
the Premises in conformity with all applicable rules and regulations now or hereafter adopted by
(i) the Federal Aviation Administration, (ii) the State of Washington, or (iii) other state or federal
governmental authority, all at Tenant's cost and expense.
8.f. Waste: Nuisance: Illegal Activities: Tenant shall not permit any waste, damage, or
injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance
thereon, nor the use thereof for any illegal purposes or activities; provided, however, that the
foregoing shall not be construed to alter or expand the scope of Tenant's obligations under
Section 9 of this Lease.
8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb, or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport; provided, however,
that the foregoing is not intended to prevent or impede Tenant from taking such actions as may
be reasonably necessary for Tenant to meet its obligations under Section 9 of this Lease.
8.h. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington
State law concerning aircraft registration and the requirement that tenant comply therewith. See
Title 47.68.250 RCW: Public Highways and Transportation.
£, ENVIRONMENTAL MATTERS:
9.a. Agreed Order / Remediation of Known Contamination:
9.a.(l). The Parties acknowledge that Tenant is the owner of certain fee and leasehold
interests in the City of Renton (the "Existing Boeing Renton Site") which includes or in the past
has included portions of the Premises and otherwise lies immediately east of the Airport across
the Cedar River Waterway, as generally depicted on Exhibit H attached hereto.
9.a.(2). The Parties acknowledge that there has been a release into the environment of
Hazardous Substances (as defined in Section 28 of this Lease) into the soil and groundwater of
and under the Existing Boeing Renton Site (the "Existing Boeing Renton Site Contamination")
and that the Existing Boeing Renton Site Contamination may have migrated to other portions of
the Premises, the Airport, or adjacent property beyond the boundaries of the Existing Boeing
Renton Site (collectively, the "Known Contamination"). These conditions are documented in the
reports and other records listed in Exhibit YY attached hereto; provided, however, that the
Known Contamination shall not include any Hazardous Substances originating beyond the
boundaries of the Existing Boeing Renton Site as those boundaries existed at the time such
Hazardous Substances were released into the environment, even if such Hazardous Substances
are described in any of the documents listed in Exhibit H. Landlord acknowledges that Tenant
has made all such reports available to Landlord for its review, and Landlord represents that it has
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reviewed those reports to its satisfaction.
9.a.(3). Tenant has advised Landlord that Tenant has entered into, and may from time to
time modify, substitute, replace, or supersede, an agreed order for corrective action under the
Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., ("RCRA") (Agreed Order
No. DE 97HZ-N233) (hereinafter, "Agreed Order," a copy of which has been provided to
Landlord) with the State of Washington Department of Ecology ("Ecology") and/or other lead
governmental agencies ("Lead Agencies"). In the Agreed Order, Tenant has agreed to perform
certain soils and groundwater investigation of Hazardous Substances with respect to the Existing
Boeing Renton Site, and may be required to perform groundwater or other remediation of
Hazardous Substances with respect to other portions of the Premises, the Airport, or adjacent
property beyond the boundaries of the Existing Boeing Renton Site. In general, the areas subject
to the Agreed Order are depicted on Exhibit X attached to the Agreed Order. In particular, the
portions of the Premises subject to the Agreed Order are depicted on Exhibits A, B, C and G
attached to the Agreed Order.
9.a.(4). Except as otherwise provided in this Section 9, Tenant shall, at its sole cost and
expense, remediate the Known Contamination existing as of the Commencement Date with
respect to the soil and groundwater of and under the Premises, and/or the soil and groundwater of
and under the Airport (if applicable under Sections 9.a.(2) or 9.a.(7)), in accordance with the
requirements, if any, of the Agreed Order and any applicable Environmental Laws and
Requirements (as defined in Section 28 herein), to the reasonable satisfaction of Ecology and any
other Lead Agencies, and in accordance with commercially reasonable standards for commercial
/ industrial facilities (collectively, the "Remediation"). Such Remediation obligations shall
continue until such time as Ecology or other Lead Agency exercising authority over the
Remediation at or about the Premises provides written notice approving the Remediation or
written notice, consistent with the then prevailing industry and/or commercial standards
indicating that, based on its then current knowledge and with customary qualifications, no further
action is required with respect to the subject of the Remediation (in either case, a "No Further
Action Letter"). In the event Tenant completes its Remediation obligations under this Lease, and
Ecology or another Lead Agency exercising authority over the Remediation subsequently
requires further Remediation of any Known Contamination for which Tenant is responsible
under this Lease, Tenant will perform such Remediation until Ecology or such other Lead
Agency provides written notice indicating that it plans to require no further action with respect to
the subject of the Remediation. To the extent Tenant has not completed such Remediation of any
Known Contamination on or before the termination or earlier expiration of this Lease, Landlord
shall provide to Tenant all reasonable and necessary access to the Premises and the Airport to
enable Tenant to complete such Remediation.
9.a.(5). Tenant shall keep Landlord reasonably apprised of Tenant's efforts to satisfy the
requirements of the Agreed Order and any future orders pertaining to the Remediation, including
providing copies to Landlord on request of reports issued by Tenant's consultants or filed with
Ecology or other Lead Agency in connection therewith. Except as provided otherwise in this
Lease, Tenant, not Landlord, shall be responsible for satisfying all conditions imposed in the
Agreed Order and any future orders pertaining to the Remediation; provided, however, that
Landlord shall not obstruct or interfere with Tenant's efforts to satisfy such conditions.
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9.a.(6). Landlord agrees that it will permit the recording of such notices, covenants, and
other so-called "institutional controls" with respect to the Premises or the Airport as reasonably
may be required by Ecology or other Lead Agency, as a condition to Ecology or such other Lead
Agency agreeing to issue a No Further Action Letter with respect to the subject of the
Remediation, and Landlord will execute such instruments and documents as Tenant reasonably
may request in connection with such institutional controls.
9.a.(7). Tenant agrees to remediate the Known Contamination on Airport property on and
adjacent to the location of the old Boeing Fuel Farm which was located in the southeast corner of
the Airport. Tenant agrees to remediate that Known Contamination in conjunction with any
future demolition of the adjacent hangar buildings located at 289 East Perimeter Road which is
the premises referenced in the Bosair, LLC Lease Agreement LAG 86-003 which was effective
August 1, 1986. Landlord will coordinate the timing of the remediation and provide Tenant at
least six (6) months notice of the date of demolition of the hangar buildings.
9.b. Landlord's Representation and Warranty: Except as to the Known Contamination
identified in the reports listed in Exhibit YY, Landlord hereby represents and warrants that to
Landlord's knowledge, (i) Landlord has no reason to believe that Hazardous Substances have
been generated, treated, stored, released, or disposed of at, in, on, under, from, or about the
Premises or the Airport in violation of any Environmental Laws or Requirements, or in a manner
that may give rise to liability for environmental investigation or cleanup (removal or remedial),
damage to property, or personal injury to Landlord or any other person at the Premises, the
Airport, or any adjacent or surrounding property; and (ii) no claim of liability relating to the
presence of any Hazardous Substances or any other adverse environmental conditions at, in, on,
under, from or about the Premises or the Airport has been made or threatened by any
governmental entity or any other third party.
9.c. Hazardous Substances Use:
9.c.(l) Use: Except as (i) used by Tenant to carry out its obligations under this Lease; or
(ii) used in connection with Tenant's use of the Premises as described in Section 8.a above,
Tenant shall not possess, use, generate, store, treat, release, or dispose of any Hazardous
Substances at, in, on, under, from, or about the Premises or in any Tenant improvements or
alterations placed on the Premises by Tenant, without the prior written consent of Landlord.
With regard to any Hazardous Substances that Tenant proposes to use on the Premises for
purposes other than those identified in (i) or (ii) above, Landlord shall, taking into account such
factors as Landlord may reasonably determine to be relevant, promptly grant or withhold consent
to such proposed use of Hazardous Substances. Landlord's consent shall not be unreasonably
withheld.
9.c.(2). Compliance with Environmental Laws and Requirements: Any use by Tenant of
Hazardous Substances on the Premises shall be carried out in compliance with applicable
Environmental Laws and Requirements, at Tenant's sole cost and expense. Tenant shall not
cause, nor permit or allow its agents, employees, or contractors to cause, the release of any
Hazardous Substances at, in, on, under, from, or about the Premises in a manner violating any
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applicable Environmental Laws and Requirements or giving rise to liability for environmental
response or cleanup (removal or remedial), damage to property, or personal injury to Landlord or
any other person at the Premises while Tenant, its agents, employees and contractors are on the
Premises during the Term of the Lease. Tenant shall, at its own cost and expense, promptly take
all actions reasonably necessary under applicable Environmental Laws and Requirements to
investigate, remove or remediate any such release of Hazardous Substances caused by Tenant or
its agents, employees, or contractors while on the Premises that occurred during the Term of the
Lease. In the event of material non-compliance by Tenant with the requirements of this Section
9.c.(2), 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 as reasonably required to cure such material non-compliance with
applicable Environmental Laws and Requirements to protect its interest in the Premises.
Notwithstanding the foregoing, Landlord may take immediate action reasonably necessary under
the circumstances to respond to an emergency caused by such material non-compliance that
would result in immediate and material adverse harm to the environmental condition of the
Premises, or the Airport; in such event, Landlord shall notify Tenant promptly of the emergency
and afford Tenant a reasonable opportunity to participate in the emergency response. Tenant
shall reimburse Landlord for Landlord's reasonable and documented costs and expenses incurred
to effect such cure. Tenant shall notify Landlord promptly upon discovery of any release of
Hazardous Substances at, in, on, under, from or about the Premises caused by Tenant or its
agents, employees, or contractors while on the Premises during the Term of the Lease, to the
extent the same must be reported to any governmental agency pursuant to any applicable
Environmental Laws or Requirements.
9.d. Environmental Indemnities:
9.d.(l). Indemnification by Tenant:
9.d.(l)(a). Landlord shall have no responsibility to the Tenant, pursuant to this Lease or
otherwise, with respect to (i) Remediation of the Known Contamination Tenant is responsible for
remediating under Sections 9.a.(4) or 9.a.(7); or (ii) the investigation, removal or remediation of
a release of any Hazardous Substances at, in, on, under, from, or about the Premises during the
Term caused by Tenant in breach of its obligations under Section 9.c. herein, except as otherwise
provided in this Section 9.d. Tenant shall defend, indemnify and hold harmless Landlord from
and against any and all actions, causes of action, claims, administrative proceedings, orders,
judgments, penalties, fines, liabilities, losses, damages, obligations and expenses of any kind and
nature whatsoever (each a "Claim") for personal injury or death, third party real or personal
property damage or loss, environmental investigation or cleanup activities (removal or remedial),
or incident to establishing the right to indemnification, including, but not limited to,
governmental oversight costs, environmental resource damages, penalties or fines, removal costs,
remedial costs, disposal taxes, and reasonable fees incurred by the Landlord for attorneys,
consultants, or engineers, arising from or in connection with Tenant's failure to comply with its
obligations under this Lease with respect to that Known Contamination, or with respect to the
release of any Hazardous Substances at, in, on, under, from, or about the Premises during the
Term caused by Tenant in breach of its obligations under Section 9.c herein, except in each case
to the extent caused by the negligence or willful misconduct of Landlord or its agents,
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employees, tenants, or contractors ("Tenant Environmental Indemnity Claims, Damages and
Costs"). In the event any action or proceeding is brought against Landlord by reason of any
Claim falling within the scope of the foregoing indemnity, Tenant upon written notice from
Landlord to Tenant within 60 days after Landlord receives notice of the Claim shall defend same
at Tenant's expense by counsel reasonably satisfactory to Landlord.
9.d.(l)(b). Notwithstanding any provision of this Agreement to the contrary, (i) Tenant
shall not in any case be liable or responsible for the following damages to Landlord: (a) any form
of incidental or consequential damage, including, without limitation, any loss of profits, proceeds
or rents; (b) any loss of reputation or goodwill or any form of intangible property damage; (c)
any loss of any actual or prospective economic or business opportunity or contractual relations;
(d) any "stigma" damages; (e) any damages related to delays in development, leasing, occupying,
operations, construction or income streams resulting therefrom; or (f) any damage to the
Premises, the Airport, or other real property in any manner related to the presence of Hazardous
Substances which is not required to be remediated under the terms of this Lease or otherwise
(collectively, "Special Damages"); and (ii) Tenant shall not in any case be liable or responsible
for any Tenant Environmental Indemnity Claims, Damages or Costs (A) to the extent the same
are the result of any release into the environment of any Hazardous Substances by Landlord, any
successor or assign of Landlord, or any of its or their tenants, agents, contractors, or employees,
or (B) to the extent the Known Contamination in question is increased, exacerbated or made
more costly or difficult to remediate by reason of any act or omission of Landlord, any successor
or assign of Landlord, or any of its or their tenants, agents, contractors, or employees, or (C) to
the extent attributable to the future use or contemplated or attempted use of the Premises or the
Airport for the purposes of any residence, hospital, health care facility, school or other use as to
which heightened or special requirements or standards apply under any applicable Environmental
Laws or Requirements (a "Heightened Use") as of the Commencement Date or at any time in the
future.
9.d.(l)(c). Notwithstanding any provision of this Lease to the contrary, Tenant shall have
no obligation or liability hereunder or otherwise with respect to any release into the environment
of any Hazardous Substance which occurs at, in, on, under, from, or about the Premises or
Arport (A) prior to the Commencement Date (excluding the Known Contamination); or (B) on
or after the Commencement Date, other than to the extent that any such release is directly or
proximately caused by Tenant or its agents, employees, or contractors while on the Premises
during the Term of the Lease.
9.d.(l)(d). Notwithstanding any provision of this Lease to the contrary, Tenant shall have
no obligation or liability under Section 9 of this Lease or otherwise to perform the Remediation
of the Known Contamination, or to investigate, remove or remediate a release of any Hazardous
Substance for which Tenant would be responsible under Section 9.c. above, unless and until and
only for so long as Landlord grants to Tenant all reasonable and necessary access to the Premises
and the Airport in accordance with Section 9 of this Lease or any other agreements between
Tenant and Landlord, including to the extent required following termination or earlier expiration
of this Lease, in whole or in part.
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9.d.(2). Indemnification by Landlord:
9.d.(2)(a). Tenant shall have no responsibility to the Landlord, pursuant to this Lease
orotherwise, nor shall Tenant have any other liability or responsibility of any kind, with
respect toa release of any Hazardous Substances at, on, in, under, from, or about the
Premises or theAirport unless such release (i) constitutes part of the Known Contamination
Tenant is responsiblefor remediating under Sections 9.a.(4) or 9.a.(7); or (ii) was caused by
Tenant in breach of itsobligations under Section 9.c herein, except as otherwise provided in
this Section 9.d. Landlordshall defend, indemnify and hold harmless Tenant, any
financial institution or entity whichfinances in whole or in part Tenant's construction on the
Premises, or any of its or their directors,officers, agents, employees, and contractors
(collectively, "Indemnitees") from and against anyClaims for personal injury or death,
third party real or personal property damage or loss,environmental investigation or
cleanup activities (removal or remedial) or incident toestablishing the right to
indemnification, including but not limited to, governmental oversightcosts, environmental
resource damages, penalties or fines, removal costs, remedial costs, disposaltaxes, increased
costs of construction and increased interest or other costs related to any loanobtained by
Tenant in connection with the Premises, and reasonable fees incurred by Tenant orany
Indemnitee for attorneys, consultants, or engineers, arising from or in connection with a
release of any Hazardous Substances at, in, on, under, from, or about the Premises or the Airport,
unless such release (i) constitutes part of that Known Contamination; or (ii) was caused
by Tenant in breach of its obligations under Section 9.c herein, except in each case to the
extentcaused by the negligence or willful misconduct of Landlord or its agents, employees,
tenants, orcontractors ("Landlord Environmental Indemnity Claims, Damages and Costs").
In the eventany action or proceeding is brought against Tenant by reason of any Claim
falling within thescope of the foregoing indemnity, Landlord upon written notice from Tenant
to Landlord within60 days after Tenant receives notice of the Claim shall defend same at
Landlord's expense bycounsel reasonably satisfactory to Tenant.
9.d.(2)(b) Notwithstanding any provision of this Lease to the contrary, Landlord shall
notin any case be liable or responsible for to Tenant for any Special Damages, as defined in
Section9.d.(l)(b) herein.
9.d.(2)(c) Notwithstanding any provision of this Lease to the contrary, Landlord's
obligation under Section 9.d(2)(a) shall apply to any Claim (i) arising out of or in connection
with a release of any Hazardous Substances which constitutes part of the Known Contamination,
to the extent the Known Contamination in question is increased, exacerbated or made more
costly or difficult to remediate by reason of any act or omission of Landlord, any successor or
assign of Landlord, or any of its or their tenants, agents, contractors, or employees, or (ii) which
involves a Heightened Use, as described in Section 9.d.(l)(b).
9.e. Survival:
The provisions of Sections 9.a.(4), 9.a.(5), 9.a.(6), 9.a.(7), 9.b, 9.c, and 9.d 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
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provisions of this Section 9 unless the termination or modification agreement or other document
expressly so states in writing.
10. MAINTENANCE:
10.a. Maintenance of Premises: The Premises and all of the improvements or structures
thereon shall be used and maintained by Tenant in a neat, orderly, and sanitary manner.
Landlord shall not be called upon to make any improvements, alteration, or repair of any kind
upon the Premises. Tenant is responsible for the clean-up and proper disposal at reasonable and
regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown
against fences bordering the Premises.
Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and
tear, including without limitation, the interior and exterior walls, floors, roof, and ceilings, and
any structural portions of the Premises (but excluding the structural portions of buildings that are
on the Premises as of the Commencement Date, which are Landlord's responsibility as set out
below), the exterior and interior portions of all doors, windows, glass, utility facilities, plumbing
and sewage facilities within the building or under the floor slab including free flow up to the
main sewer line, parking areas, landscaping, fixtures, heating, ventilating and air conditioning,
including exterior mechanical equipment, exterior utility facilities, and exterior electrical
equipment serving the Premises. Tenant shall make all repairs, replacements and renewals,
whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the
Premises in the condition required by this Section. Tenant shall not be responsible for the
structural portions of Landlord owned Buildings.
Notwithstanding the foregoing, Landlord shall be responsible for the following: (a) the structural
integrity of any Landlord-owned buildings (that is, those buildings that are on the Premises as of
the Commencement Date); (b) the integrity and utility of all water supply lines, sanitary sewer
lines, and storm water drainage lines without the Premises that serve those buildings that are on
the Premises as of the Commencement Date; and (c) for the replacement as required of any and
all HVAC systems serving any Landlord owned buildings that are on the Premises as of the
Commencement Date (provided that Tenant is responsible for the annual maintenance and repair
for such HVAC systems).
lO.b. Removal of Snow/Floodwater/Mud: Tenant shall remove from the Premises all
snow and/or floodwaters or mud deposited therefrom, with the disposition thereof to be
accomplished in such a manner so as to not interfere with or increase the maintenance activities
of Landlord upon the public areas of the Airport. Landlord shall be responsible for the removal
of any snow, ice, floodwaters, mud, or other debris that may be found on the taxiways, runway,
common areas and other public spaces of the Airport; for the maintenance, repair, renewal, and
replacement of any and all utility lines serving the taxiways, runway, common areas and other
public spaces of the Airport. .
lO.c. Maintenance of Premises: Tenant shall repair or replace any ripped or corroded
skin of any buildings on the Premises, and the repairs so made by Tenant must be acceptable to
the Landlord. Tenant shall also repair or replace any dents larger than 1.5 inches in length or
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diameter in the exterior skins of any buildings. Further, Tenant shall, every ten years of the
Lease, paint the buildings whether needed or not.
lO.d. Maintenance. Repair and Marking of Pavement: Tenant shall be responsible for,
and shall perform, the maintenance, repair and marking (painting) of pavement surrounding the
buildings within and on the Premises. Such maintenance and repair shall include, as a minimum,
crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt
pavements, as necessary. To the degree the concrete and asphalt pavements are brought to FAA
standards at any time during the Term of this Lease, Tenant shall maintain the concrete and
asphalt pavements in such condition.
lO.e. Right of Inspection: Tenant will allow Landlord or Landlord's agent, free access at
all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions
or alterations to the Premises, or any property owned by or under the control of Landlord.
Landlord shall provide ten (10) days advance notice of any such inspection and use reasonable
efforts not to interfere with Tenant's use of the Premises during any such inspection.
10.f Landlord May Perform Maintenance: If Tenant fails to perform Tenant's
obligations under this Section, Landlord may, at its option, but shall not be required to, enter the
Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an
emergency when no notice shall be required, and put the same in good order, condition and
repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per
annum shall become due and payable as additional rental to Landlord together with Tenant's next
installment of Rent.
10.g. Limitation: Nothing in this Section 10 shall be construed to alter, expand or
diminish Tenant's or Landlord's respective rights and obligations under Section 9 of this Lease.
11. ALTERATIONS:
11.a. Landlord's Consent Required for Subsequent Alterations: Tenant will not make
any alterations, additions or improvements in or to the Premises without the written consent of
Landlord first having been obtained, which consent shall not be unreasonably withheld,
conditioned, or delayed; provided, however, that Landlord promptly shall give its consent for any
alterations, additions or improvements reasonably necessary for Tenant to meet its obligations
under Section 9 of this Lease or to comply with any applicable Environmental Law or
Requirement.
Other than reasonable approval of the exterior appearance of any improvements proposed by
Tenant, Landlord shall not impose conditions or requirements in addition to or in excess of those
mandated under applicable building codes or other Uniform Codes. Landlord's consent shall not
be required for any alteration that costs less than $75,000, subject to any required permits, i.e.,
building permits. Where no permits are required for the requested work, Landlord shall respond
to any request for approval of Tenant's plans and specifications for any alterations,
improvements, or additions within thirty (30) calendar days, and shall provide specific reasons
for any disapproval. Where no permits are required for the requested work, Landlord's consent
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shall be deemed given if Landlord does not respond to Tenant's request for such consent within
such thirty (30) business day period.
ll.b. Protection from Liens: Before commencing any work relating to alterations,
additions and improvements affecting the Premises ("Work"), Tenant shall notify Landlord in
writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be
paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant
shall keep the Premises free and clear of all mechanics' and materialmen's liens and other liens
resulting from any Work. 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, at its
option, in addition to any other rights or remedies it may have, discharge said lien by (i) paying
the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a
lien release bond, or (iii) taking such other action as 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 at the rate of twelve (12%) percent per year
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.
ll.c. Bond: At any time Tenant either desires to or is required to make any repairs,
alterations, additions, improvements or utility installation thereon, Landlord may, at its option,
require Tenant, at Tenant's expense, to obtain and provide to Landlord a lien and completion
bond in an amount equal to the estimated cost in connection with Tenant's improvements, to
insure Landlord against liability for mechanics and materialmen's liens and to insure completion
of the Work. In determining whether or not to require such a bond, Landlord will specifically
take into account the amount of the contract and Tenant's financial resources.
ll.d. Notification of Completion: Upon completion of capital improvements made on
the Premises, Tenant shall promptly notify Landlord of such completion.
ll.e. Landlord May Make Improvements: Tenant agrees that Landlord may, at its option
and at its expense, make repairs, alterations or improvements which Landlord may deem
necessary or advisable for the preservation, safety, or improvement of utilities or Airport
infrastructure on the Premises, if any, but shall not interfere in any significant way with Tenant's
rights, or Tenant's fulfillment of its obligations, under this Lease in exercising such rights. All
such work will be performed by Landlord at Landlord's sole cost and expense without charge or
liability risk of any kind to Tenant. Landlord will advise Tenant of the nature of and schedule for
such work as far in advance as is practical, and will schedule such work so as to minimize any
disruption of Tenant's business at the Airport or use of the Premises.
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12. IMPROVEMENTS:
12.a. Tenant Improvements: As further consideration for this lease, it is agreed that upon
the expiration or sooner termination of the Term, all structures and any and all improvements of
any character whatsoever installed on the Premises shall be and become the property of the
Landlord, and title thereto shall automatically pass to Landlord at such time, except as provided
otherwise under any applicable Environmental Law or Requirement, and none of such
improvements now or hereafter placed on the Premises shall be removed therefrom at any time
without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned
or delayed with respect to any such structures or improvements reasonably necessary or
appropriate for Tenant to fulfill its obligations under Section 9 of this Lease or to comply with
any applicable Environmental Law or Requirement. During the Term, Tenant shall hold title to
all improvements placed by Tenant on the Premises. Tenant covenants and agrees that Tenant
will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such
improvements before transfer of ownership of such improvements to Landlord upon the
expiration or sooner termination of the Term. Alternatively, Landlord may, at its option, require
Tenant, upon the expiration or sooner termination of the Term, if any, to remove any and all
improvements and structures installed by Tenant from the Premises and repair any damage
caused thereby, at Tenant's expense (other than any structure or improvements reasonably
necessary for Tenant to fulfill its obligations under Section 9 of this Lease or to comply with any
applicable Environmental Law or Requirement). Tenant owned improvements include, but are
not limited to the following improvements:
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Exhibit
Exhibit A
Exhibit B
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Lease Parcel/Building
Description
5-08/5-09 Building and
Land and Aircraft Position
A-l
550 Building (as it existed
prior to the 2009 and 2010
improvements)
550 Land and Aircraft
Positions A-2 & A-3
Aircraft Position A-4
through A-9 and Compass
Rose
North Bridge Access
Apron B
Boeing Substation B-l
5-45 Land (land only)
Tenant Owned Improvements
One (1) 12,000 gallon car gas tank, piping and
pump, one (1) 15,000 gallon diesel tank and the
electrical distribution system
550 Building (the 2009 and 2010 improvements
made by Tenant). The parties note that the 550
Building does not have an occupancy permit as of
the date of this Lease.
Crew shelters, portable light standards, portable
storage buildings, blast fences and the electrical
distribution system
Crew shelters, portable light standards, portable
storage buildings, blast fences, employee
restroom, the South Bridge over the Cedar River
and the electrical distribution system
60' Slide Gate and the North Bridge over the
Cedar River
Crew shelters, portable storage building, portable
light standards and the electrical distribution
system.
The electrical distribution system.
Four (4)-40,000 gallon Jet A fuel tanks, one (1)
15,000 gallon off-spec fuel tank, one (1) 15,000
gallon diesel tank and all associated electrical and
plumbing apparatus.
12.b. Landlord or Third Party Improvements Adjacent to Compass Rose: If the airport
property immediately adjacent to, and north of the existing Compass Rose is developed in the
future, the Landlord shall ensure that the Tenant has an opportunity to review the development
plans for the property at an early stage in the development process to ensure that any buried
power lines will not interfere with the viability of the Compass Rose.
13. EXEMPTION OF LANDLORD FROM LIABILITY: Landlord or Landlord's
agents shall not be liable for injury to Tenant or to Tenant's business or loss of income therefrom
or for damage which may be sustained by the person, goods, wares, merchandise or property of
Tenant, its authorized representatives, caused by or resulting from (a) fire, electricity, gas, water
or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the
maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon,
(c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of
repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires,
appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises,
(e) flooding of the Cedar River or other body of water, or from any other source whatsoever,
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whether within or without the Premises; or (f) any act or omission of any other tenant or
occupant of the building in which the Premises are located, or their agents, servants, employees,
or invitees, provided, that the foregoing exemption shall not apply to losses to the extent that they
arise from the failure of Landlord to perform an obligation of Landlord under this Lease or under
applicable law nor to losses to the extent caused by Landlord's or its agents', contractors', or
employees' negligence or willful misconduct, and provided further, that nothing in this Section
13 shall be deemed to alter, expand or diminish Landlord's and Tenant's respective rights and
obligations under Section 9 of this Lease.
14. ASSIGNMENT & SUBLETTING:
14.a. Assignment/Subletting: 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, conditioned, or delayed.
Any assignment, encumbrance or sublease without Landlord's consent shall be void and shall
constitute a default by Tenant under this Lease. No consent to any assignment or sublease shall
constitute a waiver of the provisions of this Section and no other or subsequent assignment or
sublease shall be made without Landlord's prior written consent. Before an assignment or
sub-lease will be approved, the proposed assignee or sub-tenant must comply with provisions of
the then current Airport Leasing Policies, including, but not limited to the "Analysis of Tenant's
Financial Capacity," independent of Tenant's compliance or Financial Capacity. In the case of an
assignment of the full leasehold interest and/or complete sale of the stock or other interests in
Tenant and concomitant transfer of ownership of Tenant, (a) in the case of an assignment, the
proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed
assignee stating that it has examined this Lease and agrees to assume, be bound by and perform
all of Tenant's obligations under this Lease, to the same extent as if it were the original Tenant,
and (b) in the case of a stock transfer, Transferee shall deliver a written acknowledgment that it
shall continue to be bound by all the provisions of this Lease after the transfer. Except in the
case of an assignment of the full leasehold interest, any assignment permitted herein will not
relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto.
In no event will the assignment of the full leasehold interest or the complete sale of the stock or
other interests in Tenant and concomitant transfer of ownership of said entity cause an extension
of the Term of this Lease.
14.b. Permitted Subletting: Notwithstanding the provisions of Section 13.a. above,
Tenant may sublet portions of the Premises for the purpose of aircraft hangar storage and
airplane tie-down space, without Landlord's prior written consent, on a month-to-month or
longer basis (but not longer than the Term), provided that Landlord is informed on at least an
annual basis, in writing, of the name of the subtenants), the purpose of the sublease, the amount
of the rental charged, and the type of aircraft stored (make, model and registration number).
Additionally, such information shall be disclosed upon request by Landlord. In addition, so long
as Tenant's annual revenues are $1 billion or more, Tenant with the consent of Landlord, may
assign its rights under this Lease or sublet all or any portion of the Premises to a subsidiary of
Tenant or any entity controlled directly or indirectly by Tenant, or the surviving entity in any
merger of or with Tenant, PROVIDED that Tenant, or any such surviving entity shall remain
liable to perform the obligations of the Tenant hereunder notwithstanding such assignment or
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sublease and Tenant shall notify Landlord of such intent to assign or sublease with sufficient
notice to allow Landlord time to enter into an Operating Permit with the sublessee.
14.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 (i) incorporate this Lease
by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet
the assigned or sublet space without Landlord's prior written consent (which consent shall not,
subject to Landlord's rights under this Section, be unreasonably withheld, conditioned, or
delayed), (iii) acknowledge that the assignee or subtenant will not violate the provisions of this
Lease, and (iv) in the case of any assignment, acknowledge that Landlord may enforce the
provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not
in violation of the terms and provisions of this Lease, Landlord may collect Rent from the
assignee. Acceptance of rent by the Landlord shall not be a waiver of any of Landlord's
remedies against Tenant for violation of provisions of this Lease. A subtenant may cure
Tenant's default. In either event, Landlord may apply the amount collected from the assignee or
subtenant to Tenant's obligation to pay Rent under this Lease
14.d. No Release of Tenant's Liability: 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, unless Landlord otherwise agrees in
writing. Notwithstanding the foregoing, in the event that Landlord's consent to assignment is
obtained for a complete assignment and Assignee agrees in writing to assume all of the
obligations and liabilities of this Lease accruing after such assignment, Tenant shall be relieved
of all liability arising from this Lease and arising out of any act, occurrence or omission
occurring after Landlord's consent is obtained. To the extent that any claim for which
indemnification of the Landlord (including with respect to Hazardous Substances as specifically
addressed in Section 9.d herein) arises after Tenant's complete assignment for conduct predating
said assignment, the Tenant shall not be relieved of obligations or liability arising from this
Lease.
14.e. Documentation: No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the terms
and provisions of this Lease; provided, that no Operating Permit shall be required for the
subletting of hangar or tie-down space for aircraft storage purposes. 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 Tenant's obligations under this Lease arising on
or after the date of the assignment.
14.f. 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 terminate all or any existing subleases or subtenancies.
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15. DEFAULT AND REMEDIES:
15.a. Default.: The occurrence of any of the following shall constitute a default by
Tenant under this Lease:
15.a.(l) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a
period of five (5) business days after notice of such default has been given by Landlord to
Tenant. A "business day" is any day other than: (A) a Saturday or Sunday; (B) a federal or State
of Washington legal holiday; (C) a day when banks are not generally open for business in the
City of Renton; and (D) December 23 through December 31, inclusive.
15.a.(2) Failure to Comply with Airport Regulations and Minimum Standards. Failure to
comply with the Airport Regulations and Minimum Standards, 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.
15.a.(3) Other Defaults. Failure to perform any other provision of this Lease, if 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. The foregoing
shall not be construed to alter or expand the scope of Tenant's obligations under Section 9
herein, including but not limited to, the time allotted to Tenant under any applicable
Environmental Laws or Requirements to perform the activities it is obligated to perform under
Section 9.
15.a.(4) 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 Tenant's
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.
15.b. Additional Security: If Tenant is in default under this Lease, and such default
remains uncured for more than three (3) business days after Landlord gives Tenant notice of such
default, then at any time when Tenant's annual revenues are less than One Billion Dollars
($1,000,000,000) Landlord, at Landlord's option, may require Tenant to provide adequate
assurance of future performance of all of Tenant's obligations under this Lease in the form of a
deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of
credit or other security acceptable to, and approved by, Landlord. If Tenant fails to provide such
adequate assurance within twenty (20) days of receipt of a request by Landlord for such adequate
assurance, such failure shall constitute a material breach of this Lease and Landlord may, at its
option, terminate this Lease.
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15.c. Remedies: If Tenant commits a default, then following the expiration of the
notice and cure periods set forth in Section 15.a above, Landlord shall have the following
alternative remedies, which are in addition to any remedies now or later allowed by law, and
Landlord shall use reasonable efforts to mitigate its damages:
15.c.(l) Maintain Lease in Force. To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due, without terminating Tenant's
right 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 (excluding property of any nature or type located at, in, on, under or about the
Premises in fulfillment of Tenant's obligations under Section 9 of this Lease or in compliance
with any apphcable Environmental Laws or Requirements); such property may be removed and
stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the
event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant
taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the
Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue
of such previous default of Tenant so long as Tenant remains in default under this Lease.
Notwithstanding the foregoing, Landlord shall not undertake or permit any activity at, in, on,
under, from, or about the Premises or the Airport that would interfere with Tenant's ability to
meet its obligations under Section 9 of the Lease or comply with any applicable Environmental
Laws or Requirements, including but not limited to, any such activity that reasonably may
damage, impede, or interfere with the effectiveness of any investigation or cleanup of a release of
any Hazardous Substances at, in, on, under, from or about the Premises or the Airport.
15.c.(2) Terminate Lease. To 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 Tenant's default including without limitation thereto,
the following: (i) any and all unpaid Rent which had been earned at the time of such termination,
plus (ii) any and all Rent which would have been earned after termination until the time of
occupancy of the Premises by a new tenant following the reletting of the Premises, plus (iii) 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) leasing commissions incident to reletting to a new tenant, and (E) any
other costs necessary or appropriate to relet the Premises; plus (iv) 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 referenced in this Section include interest at 12% per annum.
Notwithstanding the foregoing, Landlord shall not undertake or permit any activity at, in, on,
under, from, or about the Premises that would interfere with Tenant's ability to meet its
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obligations under Section 9 of the Lease or to comply with any applicable Environmental Law or
Requirement, including but not limited to, any such activity that reasonably may damage,
impede, or interfere with the effectiveness of any investigation or cleanup of a release of any
Hazardous Substances at, in, on, under, from or about the Premises or the Airport.
16. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting
as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon
the parties, their successors and assigns, and in the case of a Tenant who is a natural person, his
or her personal representative and heirs. The rights of the Tenant under this Lease shall not be
affected by any sale, lease, or other disposition of the Airport (other than the exercise by FAA of
its paramount rights) or the City's interest in the Lease, or any transfer of operational control of
the Airport by the City to any third party.
17. CONDEMNATION: If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county, state, or federal authority for any purpose, then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose, and the rent shall be paid up to that date. From that day the Tenant
shall have the right to either cancel this lease and declare the same null and void, or to continue
in the possession of the remainder of the same under the terms herein provided, except that the
rent shall be reduced in proportion to the amount of the Premises taken for such public purposes.
All damages awarded for such taking for any public purpose shall belong to and be the property
of the Landlord, whether such damage shall be awarded as compensation for the diminution in
value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the
taking of Tenant's improvements located on the Premises shall belong to and be awarded to
Tenant.
18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises, as
described in paragraph 1 .a. at the end of the Term in as good a condition as the reasonable use
thereof would permit, normal wear and tear excepted. Alterations, additions or improvements
which may be made by either of the parties hereto on the Premises, except movable office
furniture or trade fixtures put in at the expense of Tenant, shall be and remain the property of the
Landlord and shall remain on and be surrendered with the Premises as a part thereof at the
termination of this lease without hindrance, molestation, or injury. Tenant may remove from the
Premises movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall,
at its expense, properly and promptly repair to Landlord's reasonable satisfaction any damage to
the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office
furniture or trade fixtures, which repair shall include the patching and filling of holes and repair
of structural damage. Any such repairs and/or renovations shall be completed by Tenant at
surrender of the Premises or at the end of the Initial Term, whichever comes first. Nothing in
this Section 18 shall be construed to alter or expand the scope of Tenant's obligations under
Section 9 of this Lease.
19. INSURANCE:
19.a. Tenant's Insurance: Tenant, at Tenant's own cost and expense, will provide and
keep in full force and effect during the Lease Term, commercial general liability insurance with
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limits of not less than $1,000,000 covering bodily injury to any person, including death, and loss
of or damage to real and personal property, or shall self-insure for the same. Insurance provided
hereunder may be provided under Tenant's blanket liability insurance policy. During the Lease
Term Landlord shall be named as an additional insured under insurance carried pursuant to this
section to the extent of Tenant's undertaking set forth in Section 19.b. and a publicly available
internet site containing an electronic memorandum evidencing such insurance coverage shall be
made available to Landlord. Such memorandum of insurance will provide for forty five (45)
days' advance notice in the event of cancellation. Tenant shall be in default of this Lease if said
liability policy is canceled or terminated and is not replaced with insurance as required by this
section, except when Tenant has elected to self-insure as provided in this Section. 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 excess of the Tenant's insurance and
shall not contribute with it. In the event of the cancellation of such insurance, Tenant will (1)
replace such insurance prior to the date on which it is canceled with insurance that meets the
requirements of this section or (2) provide self-insurance to replace such insurance. The Liability
Insurance limits set out in this Section shall be subject to change every six (6) years to coincide
with the rental adjustment date. The new Liability Insurance limits shall be established by the
then current limits being imposed by Landlord throughout the city, but any such increase shall be
reasonable in the circumstances in light of the practices of commercial landlords in the City of
Renton, and in no event will Tenant be required to maintain commercial general liability
coverage in excess of Five Million Dollars ($5,000,000.00), and PROVIDED that Landlord
reserves the right to negotiate a higher figure if and when Tenant exercises an option to extend
the Lease Term.
19.b. Indemnity: Tenant shall defend, indemnify, and hold harmless Landlord from and
against any and all third party claims or liability for bodily injury to or death of any person or
loss of or damage to any property arising out of Tenant's use of the Leased Premises or the
Renton Municipal Airport or from the conduct of Tenant's business or from any activity, work or
thing done, permitted or suffered by Tenant, its agents, employees, contractors or invitees in or
about the Leased Premises or the Renton Municipal Airport except:
19.b.(l) claims and liabilities to the extent caused by any negligence on the part of Landlord,
its agents, employees, contractors or invitees, or
19.b.(2) claims and liabilities for property damage addressed in Section 19.c.
In the absence of any negligence on the part of the Landlord, its agents, employees, contractors
or invitees, such indemnity shall include all reasonable costs, attorneys' fees and expenses
incurred in the defense of any such claim or any action or proceeding brought thereon. In the
event any action or proceeding is brought against Landlord by reason of any claim falling within
the scope of the foregoing indemnity, and in the absence of any negligence on the part of
Landlord, Tenant upon written notice from Landlord to Tenant within 60 days after Landlord
receives notice of the claim shall defend same at Tenant's expense by counsel reasonably
satisfactory to Landlord.
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The foregoing indemnity is conditioned upon Landlord providing notice to Tenant within sixty
(60) days after Landlord receives notice of any claim that falls within the scope of the foregoing
indemnity, providing Tenant an opportunity to defend or settle such claim, and cooperating fully
with Tenant in any defense or settlement of the claim or liability, PROVIDED, HOWEVER: (1)
if Landlord is served with a summons and complaint in connection with such a claim, Landlord
shall provide notice of such claim to Tenant in a manner that will permit Tenant to answer such
summons and complaint within applicable time limits and (2) if Landlord fails to provide notice
of a claim to Landlord (whether or not Landlord has been served as provided above), Tenant's
indemnity obligation shall nevertheless continue, but Tenant's obligation to Landlord under this
section shall be reduced by the amount, if any, by which Tenant's liability under this indemnity
has been increased by reason of such failure by Landlord.
19.c. Mutual Waiver of Claims: Landlord and Tenant each hereby release the other
from, and waive, their entire claim of recovery for loss of or damage to property arising out of or
incident to fire, lightning or any other perils normally included in an "all risk" property insurance
policy when such property constitutes the Leased Premises or is in, on or about the Leased
Premises, whether or not such loss or damage is due to the negligence of Landlord or Tenant or
their respective agents, employees, guests, licensees, invitees or contractors.
19.d. Mutual Waiver of Subrogation: Each of Landlord and Tenant shall cause its
insurance carriers to waive all rights of subrogation against the other party hereto to the extent of
Landlord's or Tenant's undertakings set forth in Sections 19.a. and 19.b.
20. TAXES: Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21. HOLDING OVER: 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 thirty (30)
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.
22. NO WAIVER: It is further covenanted and agreed between the parties hereto that no
waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or condition
of this lease shall be construed to be a waiver of any succeeding breach of the same covenant,
agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or
condition. The acceptance by the Landlord of rent after any breach by the Tenant of any
covenant or condition by Tenant to be performed or observed shall be construed to be payment
for the use and occupation of the Premises and shall not waive any such breach or any right of
forfeiture arising therefrom.
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23. NOTICES: All notices or requests required or permitted under this Lease shall be in
writing; shall be personally delivered, delivered by a reputable express delivery service such as
Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and
shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall be sent
to Landlord at Landlord's Address set forth below and all notices or requests to Tenant shall be
sent to Tenant at Tenant's Address set forth below.
Landlord's Address: Airport Manager
Renton Municipal Airport
616 West Perimeter Road, Unit A
Renton, Washington 98057
Tenant's Address For Notice: The Boeing Company
Attn: Lease Administration
4501 E. Conant Street
Mail Code: D851-0097
Long Beach, CA 90808
With a copy to: The Boeing Company
Attn: Site Director
Mail Code 67-12
PO Box 3707
Seattle WA 98124-2207
Either party may change the address to which notices shall be sent by written notice to the other
party. All notices shall be deemed delivered when received, provided that noticed delivered to
Tenant beginning on December 23 of any calendar year through January 1 of the following
calendar year shall not be deemed to have been received until the close of the first day when
Tenant is open for business in such following calendar year.
Notwithstanding any other provision of this Agreement to the contrary, if one party makes a
payment to the other party for an amount owing under this Lease in an amount less than the full
amount then due and payable, the unpaid balance shall remain due and payable, whether or not
such unpaid amount is in dispute and whether or not the party making such payment has placed a
"Payment in Full" or similar legend on the instrument by which payment is made, unless the
parties have executed and delivered a separate written agreement settling the amount owed (a
"Settlement Agreement"). The party receiving value for such partial payment shall not be
deemed to have waived its right to receive the balance of the remaining amount due unless such
party has executed and delivered a Settlement Agreement waiving its claim to such balance.
Any payment from Landlord to Tenant shall be addressed as follows, and shall not be delivered
to Tenant's address for notices:
Tenants Address for Payment: Via US Mail:
Boeing Shared Services Group
P.O. Box 842289
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Dallas, TX 75284-2289
Via Courier Delivery:
Bank of America Lockbox Services
Infomart
Lockbox 842289
1950 N Stemmons Freeway, Suite 5010
Dallas, TX 75207
24. DISCRIMINATION PROHIBITED:
24. a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against
any person or class of persons by reason of race, color, creed, sex or national origin in the use of
any of its facilities provided for the public in the Airport. Tenant further agrees to furnish
services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge
on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that
Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of
price reductions to volume purchasers.
24.b. Minority Business Enterprise Policy: It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5.
Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be
excluded from participation in, denied the benefits of or otherwise discriminated against in
connection with the award and performance of any contract, including leases covered by 49
C.F.R. Part 23, on the grounds of race, color, national origin or sex.
24.c. Application to Subtenants: Subject to the provisions of Section 13 of this Lease,
Tenant agrees that it will include the above clause in all assignments of this lease or sub-leases,
and cause its assignee(s) and subtenant(s) to similarly include the above clause in further
assignments or subleases of this Lease.
25. FORCE MAJEURE: In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials, failure of power, other utilities or
related services, restrictive governmental laws or regulations, failures or delays in obtaining
governmental approvals or permits that are not caused by Tenant, riots, insurrections, war, or
other reason of like nature not the fault of the party delayed in performing work or doing acts
required under the terms of this Lease, then performance of such act shall be extended for a
period equivalent to the period of such delay. The provisions of this Section shall not, however,
operate to excuse Tenant from the prompt payment of rent, or any other payment required by the
terms of this Lease, to be made by Tenant.
26. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale,
conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be
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relieved of all liability under this Lease arising out of any act, occurrence, or omission occurring
after the consummation of such sale, conveyance, transfer, or assignment. The Landlord's
transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease, including any obligation with respect to the return of any security
deposit.
27. ATTORNEYS FEES AND COSTS: COLLECTION COSTS: If either party brings
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
prevailing party shall be entitled to reasonable attorneys' fees, and costs of litigation as
established by the court. If the matter is not litigated or resolved through a lawsuit, then any
attorney's fees for collection of past-due rent or enforcement of any right of Landlord or duty of
Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge, any
costs of collection or enforcement, including attorney's fees.
28. DEFINITIONS: As used in this Lease, the following words and phrases, whether or
not capitalized, shall have the following meanings:
"Additional Rent" means any charges or monetary sums to be paid by Tenant to Landlord
under the provisions of this Lease other than Minimum Monthly Rent.
"Agreed Order" shall have the meaning ascribed to it in Section 9.a.(3).
"Authorized representatives" means any officer, agent, employee, independent contractor
or invitee of either party.
"Claim" shall have the meaning ascribed to it in Section 9.d.(l)(a).
"Ecology" shall have the meaning ascribed to it in Section 9.a.(3).
"Environmental Laws and Requirements" means any and all federal, state, local laws,
statutes, ordinances, rules, regulations and/or common law relating to environmental protection,
contamination, the release, generation, production, transport, treatment, processing, use, disposal,
or storage of Hazardous Substances, worker health or safety or industrial hygiene, and the
regulations promulgated by regulatory agencies pursuant to these laws, and any applicable
federal, state, and/or local regulatory agency-initiated orders, requirements, obligations,
directives, notices, approvals, licenses, or permits.
"Existing Boeing Renton Site" shall have the meaning ascribed to it in Section 9.a.(l).
"Existing Boeing Renton Site Contamination" shall have the meaning ascribed to it in
Section 9.a.(2).
"Expiration" means the coming to an end of the time specified in the Lease as its
duration, including any extension of the Term.
"Hazardous Substances" means any and all material, waste, chemical, compound,
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substance, mixture or byproduct that is identified, defined, designated, listed, restricted or
otherwise regulated under any Environmental Laws and Requirements as a "hazardous
constituent," "hazardous substance," "hazardous material," "extremely hazardous material,"
"hazardous waste," "acutely hazardous waste," "hazardous waste constituent," "infectious
waste," "medical waste," "biohazardous waste," "extremely hazardous waste," "pollutant,"
"toxic pollutant" or "contaminant." The term "Hazardous Substances" includes, without
limitation, any material or substance which is (i) hexavalent chromium; (ii) pentachlorophenol;
(iii) volatile organic compounds; (iv) petroleum; (v) asbestos; (vi) designated as a "hazardous
substance" pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq. (33 U.S.C. § 1321); (vii) defined as a "hazardous waste" pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903);
(viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §
9601 et seq. (42 U.S.C. § 9601); or (ix) designated as a "hazardous substance" pursuant to the
Washington Model Toxics Control Act, RCW 70.105D.010 et seq.
"Heightened Use" shall have the meaning ascribed to it in Section 9.d.(l)(b).
"Known Contamination" shall have the meaning ascribed to it in Section 9.a.(2).
"Landlord Environmental Indemnity Claims, Damages and Costs" shall have the meaning
ascribed to it in Section 9.d.(2)(a).
"Lead Agencies" shall have the meaning ascribed to it in Section 9.a.(3).
"No Further Action Letter" shall have the meaning ascribed to it in Section 9.a.(4).
"Parties" means Landlord and Tenant.
"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.
"RCRA" shall have the meaning ascribed to it in Section 9.a.(3).
"Remediation" shall have the meaning ascribed to it in Section 9.a.(4).
"Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease,
and Additional Rent.
"Tenant Environmental Indemnity Claims, Damages and Costs" shall have the meaning
ascribed to it in Section 9.d.(l)(a).
29. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager
reasonable access and response in times of emergency or urgency. Landlord's emergency
response services will be provided to Tenant at no additional charge to Tenant as part of
Landlord's general governmental obligations. Landlord acknowledges that Tenant maintains an
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emergency response capability at the Premises for use in connection with the operation of
Tenant's business at the Airport.
30. GENERAL PROVISIONS:
30.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.
30.b. Governing Law: This Lease shall be governed by, and construed and enforced in
accordance with, the laws of the State of Washington.
30.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.
30.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the
provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in
the Superior Court of the State of Washington in and for the County of King or in the United
States District Court for the Western District of Washington.
30.e. Waiver: No waiver of any right under this Lease shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the party sought to
be charged with the waiver and 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.
30.f. Captions: Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
30.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee
where there is a full assignment of the Lease.
30.h. Effectiveness: This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
30.i. Gender and Number: As used in this Lease, the masculine shall include the
feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include
the masculine and feminine, the singular shall include the plural and the plural shall include the
singular, as the context may require.
30.j. 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.
30.k. Joint and Several Liability: If Tenant is composed of more than one person or
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entity, then the obligations of all such persons and entities under this Lease shall be joint and
several.
30.1. No Recordation Without Consent of Landlord: Tenant shall not record this Lease
or any memorandum of this Lease without Landlord's prior written consent.
30.m. Cumulative Remedies: No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity.
30.n. Corporate Authority: If Tenant is a corporation or limited liability company, each
individual executing this Lease on behalf of said corporation or hmited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation or limited liability company pursuant to duly enacted resolutions or other action
of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
30.o. Addenda to Lease: The provisions of this Lease shall be subject to those of any
Addenda attached hereto.
TENANT: LANDLORD:
The Boeing Company THE CITY OF RENTON
a Delaware corporation a Washington municipal
corporation
By: By
Its: Mayor
Date: Date:
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ATTEST:
City Clerk
Date:
Approved as to legal form:
Lawrence J. Warren, City Attorney
[ACKNOWLEDGENTS TO BE ADDED FOR EACH SIGNATURE]
Attachment A
Through The Fence Access Agreement
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Attachment A to Ground and Building Lease
Between the City of Renton and The Boeing Company
THROUGH THE FENCE ACCESS AGREEMENT
RECITALS:
A. This is an Attachment to the Ground and Building Lease between the City of
Renton ("City") and The Boeing Company ("Boeing"), LAG (hereinafter
"Lease") pursuant to which the City will lease to Boeing and Boeing will lease from
the City certain premises ("Premises") on Renton Airport (the "Airport) for a term of
twenty (20) years commencing on June 1, 2010. This agreement shall be referred to
herein as the "Through The Fence Access Agreement" or "this Agreement".
B. In order to use the Premises for their intended purpose, Boeing requires access
to the Airport from two properties to the east of the Airport owned by Boeing and
used by Boeing for the production, assembly, testing, design, and support of
commercial jet aircraft; Boeing also requires access to such properties from the
Airport. These properties are Apron "D" (South) and the Assembly Plant (North).
(These two properties are sometimes referred to in this Agreement jointly as the
"Boeing Renton Plant").
C. The purpose of this Agreement is to establish the conditions for Boeing to access
the Airport from the Boeing Renton Plant. This Agreement is intended by the parties
to meet the requirements of a "through the fence" agreement as required by FAA
Order 5190.6B (the FAA Airport Compliance Manual) and the Compliance Guidance
Letter issued by the Federal Aviation Administration in connection therewith in draft
form in October 2009.
AGREEMENTS:
In consideration of the mutual promises of the parties set out in this Agreement, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and Boeing hereby agree as follows:
1. Grant of License: The City hereby grants to Boeing an exclusive license to enter
and exit the Airport through the access point or points shown on Exhibit 1
attached hereto (each, a "Boeing Access Point").
2. Consistency with Federal Property Conveyance Obligations and Federal Grant
Assurances: This Through The Fence Access Agreement permits access to the
Airport from private property which is not owned or controlled by the City. The
City has advised Boeing that, as the Airport Sponsor, the City is required by its
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federal property conveyance obligations to ensure that the Airport maintains a
fee and rental structure for the facilities at the Airport to make the airport as self
sustaining as possible. The access to the airport granted under this Agreement is
subordinate to the Federal Grant Assurances given by the City to the Federal
Aviation Administration in exchange for federal funding of capital improvements
at the Airport. The City warrants to Boeing that the license granted by this
Agreement does not contravene said Federal Grant Assurances.
3. Specific Right of Access Granted: This Through The Fence Access Agreement
grants Boeing access onto the Airport from the Boeing Renton Plant, including
Apron D and access to the Boeing Renton Plant and Apron D from the Airport.
This Agreement specifically allows personnel, vehicles and aircraft access to and
from the airport as long as the need for access to and from the Airport is
consistent with the aviation related uses specifically mentioned in Section 8 -
Use of Premises in the Lease.
4. Payment of Access Fee: Boeing shall pay to City an annual Through the Fence
Access Fee in the initial annual amount of Two Hundred Seventy-one Thousand
Ninety-two and 52/100 Dollars ($271,092.52), payable in equal monthly
installments on the first day of each month during the term of the Lease
(including extensions thereof), subject to increases as set out below.
A Through The Fence Fee Through The Initial Lease Term
The Through the Fence Access Fee shall be subject to automatic adjustment on
each of the third (3rd), sixth (6th), ninth (9th), twelfth (12th), fifteenth (15th), and
eighteenth (18th) anniversary of the Commencement Date, respectively (any of
which shall hereinafter be referred to as "Adjustment Date") as follows:
As used in this Section 4, "Index" means the Consumer Price Index for All Urban
Consumers for Seattle-Tacoma-Bremerton All Items (1982-84=100) (CPI-U)
published by the United States Department of Labor, Bureau of Labor Statistics;
"Beginning Index" means the Index which is published nearest, but preceding, the
Commencement Date; and "Adjustment Index" means the Index which is
published nearest, but preceding, each Adjustment Date.
On each Adjustment Date, if the Adjustment Index has increased over the
Beginning Index, the Through the Fence Access Fee payable for the following
three (3) year period (until the next Adjustment Date) shall be set by multiplying
the Through the Fence Access Fee provided for in Section 4 by a fraction, the
numerator of which is the Adjustment Index and the denominator of which is the
Beginning Index. The product shall be the Through the Fence Access Fee for the
three (3) year period (or two (2) year period in the case of the final Adjustment
Date) following such Adjustment Date. In no event shall the Through the Fence
Access Fee determined pursuant to this paragraph be less than ($271,092.52).
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B Through The Fence Fee After the Expiration of the Initial Term
(1) If Boeing has exercised the First Extension Option under Section 3b of the
Lease to extend the Term of the Lease, the amount of the Through the Fence Access Fee
shall be adjusted as of the first day of the First Extended Term as follows. Promptly
following the City's receipt of Boeing's notice that Boeing will exercise the First Extension
Option, the City and Boeing shall commence negotiations to establish the Through the
Fence Access Fee that will be effective on June 1, 2030 (the "First Adjusted TTF Fee"). If
Boeing and the City have agreed on the First Adjusted TTF Fee on or before December 1,
2029, the parties shall enter into a written agreement establishing the amount of the First
Adjusted TTF Fee and such amount shall be payable by Boeing on June 1, 2030.
(2) If Boeing has exercised the Second Extension Option under Section 3b of the
Lease to extend the Term of the Lease, the amount of the Through the Fence Access Fee
shall be adjusted as of the first day of the Second Extended Term as follows. Promptly
following the City's receipt of Boeing's notice that Boeing will exercise the Second Extension
Option, the City and Boeing shall commence negotiations to establish the Through the
Fence Access Fee that will be effective on June 1, 2040 (the "Second Adjusted TTF Fee"). If
Boeing and the City have agreed on the Second Adjusted TTF Fee on or before December 1,
2039, the parties shall enter into a written agreement establishing the amount of the
Second Adjusted TTF Fee and such amount shall be payable by Boeing on June 1, 2040. The
First Adjusted TTF Fee and the Second Adjusted TTF Fee are sometimes referred to in this
Section 4A individually or collectively as the "Adjusted TTF Fee".
(3) If the City and Boeing have not agreed on the Adjusted TTF Fee on or before
December 1, 2029 or December 1, 2039, respectively, the Adjusted TTF Fee will be
determined as follows. The City and Boeing will each appoint an independent arbitrator,
each of whom shall have at least ten years' experience in airport operations and finance.
The City and Boeing shall each provide to the two arbitrators such information as the City or
Boeing, respectively, believes is relevant to the determination of the incremental capital and
operational impact to the Airport resulting from or relating to Boeing's operations at or on
the Airport. Within sixty (60) days of receiving such information, each arbitrator will
independently develop his or her opinion of the appropriate amount of the Adjusted TTF
Fee that such arbitrator believes should be in effect on June 1, 2030 (for the First Extended
Term), or June 1, 2040 (for the Second Extended Term), based on the relevant facts and
circumstances relating to the incremental capital and operational impact to the Airport
resulting from or relating to Boeing's operations at or on the Airport as presented by the
City and Boeing. If the two amounts so determined are within five percent or less of each
other (that is, if the higher of the two amounts is not more than 105% of the lower of the
two amounts), the two amounts will be averaged and the Adjusted TTF Fee as of June 1,
2030 (for the First Extended Term ), or June 1, 2040 (for the Second Extended Term) will be
such average. However, if one party fails to appoint an arbitrator, the opinion of the one
arbitrator so selected shall be the Adjusted TTF Fee as of June 1, 2030 (for the First
Extended Term), or June 1, 2040 (for the Second Extended Term) If the two amounts so
determined are not within five percent or less of each other, the two arbitrators shall retain
a third arbitrator (and if they cannot agree upon an arbitrator, or if either the City or Boeing
believes that they will be unable to agree upon an arbitrator, one will be appointed by the
Seattle regional director of the American Arbitration Association upon the application of
either the City or Boeing), and such third arbitrator (who shall be subject to the same
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
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requirements as to independence and experience as the other two arbitrators) shall review
all of the information provided by the City and Boeing to the first two arbitrators and shall
select an Adjusted TTF Fee that such arbitrator deems reasonable in light of all the facts and
circumstances related to the incremental capital and operational impact to the Airport
resulting from and relating to Boeing's operations at or on the Airport as presented by the
City and Boeing, PROVIDED that such third arbitrator shall be directed that the Adjusted TTF
Fee selected by such third arbitrator shall be no greater than and no less than the Adjusted
TTF Fee as determined by the other two arbitrators, respectively. In these circumstances,
the amount so selected shall be the Adjusted TTF Fee effective June 1, 2030 (for the First
Extended Term ), or June 1, 2040 (for the Second Extended Term). Each party will be
responsible for the fees and expenses of the arbitrator retained by such party and if a third
arbitrator is used the parties will share the fees and expenses of said arbitrator equally.
(4) The Adjusted TTF Fee shall be adjusted on June 1, 2033, and every three
years thereafter during the First Extended Term using the method established in Section 4
of this Agreement. The Adjusted TTF Fee shall be adjusted on June 1, 2043, and every three
years thereafter during the Second Extended Term using the method established in Section
4 of this Agreement.
5. Boeing Provides Security When Accessing the Airport From Private Property East
of the Cedar River: At the access points onto the Airport from the Boeing Renton
Plant, Boeing, at Boeing's sole cost and expense, shall maintain the security of
the perimeter fence and the sixty (60) foot aircraft gates. When opening either
aircraft access gate to allow personnel, equipment and aircraft access to or from
the Airport, Boeing shall post a security guard at the gate to prevent
unauthorized access to the Airport.
During periods when the south bridge over the Cedar River is raised for maintenance or
floods, Boeing's support vehicles may be authorized to use the north bridge and east
access road solely for Boeing owned vehicles traveling from the Boeing's private
property on the east side of the Cedar River to Boeing's leased areas on the airport.
Boeing shall post a security guard at both access points to the airside of the airport's
perimeter fence when the east access road is in use by Boeing's employees.
6. Expiration Date: The expiration date of this Through the Fence Access
Agreement shall coincide with the Term of the Lease, including any extensions
thereto.
7. Insurance and Indemnity Provisions: The Insurance and Indemnity provisions of
Section 19 of the Lease shall govern this Through the Fence Access Agreement.
8. Default, Remedies and Termination Provisions:
8.a. Default: The occurrence of any of the following shall constitute a default by
Boeing under the Lease and this Agreement:
8.a.(l) Failure to Pay Through the Fence Access Fee. Failure to pay the Through
the Fence Access Fee when due, if the failure continues for a period of five (5) business
Renton WA Renton Airport TTF Agreement (GB+RTA Markup) 20100416
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 97 of 123
days after notice of such default has been given by City to Boeing. A "business day" is
any day other than: (A) a Saturday or Sunday; (B) a federal or State of Washington legal
holiday; (C) a day when banks are not generally open for business in the City of Renton;
and (D) December 23 through December 31, inclusive.
8.a.(2) Other defaults: Defaults identified in Section 15 of the Lease shall
constitute a default of this Through the Fence Access Agreement.
8.b. Remedies: If Boeing commits a default, then following the expiration of
the notice and cure periods set forth in Section 15 of the Lease, City shall have the
following alternative remedies, which are in addition to any remedies now or later
allowed by law, and City shall use reasonable efforts to mitigate its damages:
8.b.(l) Maintain Through the Fence Access Agreement in Force. To maintain
this Through the Fence Access Agreement in full force and effect and recover the
Through the Fence Access fee and other monetary charges as they become due, without
terminating Boeing's right to access, irrespective of whether Boeing shall have
abandoned the Premises and no longer needs access to the Airport from the Boeing
Renton Plant.
8.b.(2) Terminate Lease and Through the Fence Access Agreement. To terminate
Boeing's right to access by any lawful means, in which case the Lease and this Through
the Fence Access Agreement shall terminate and Boeing shall immediately surrender
possession of the leased Premises to City and terminate any and all access to the Airport
from the Boeing Renton Plant. In such event City shall be entitled to recover from
Boeing all damages incurred by City by reason of Boeing's default including without
limitation thereto, the following: (i) any and all unpaid fees which had been earned at
the time of such termination, plus (ii) any and all fees which would have been earned
after termination until the time of occupancy of the Premises by a new tenant following
the reletting of the Premises, plus (iii) any other amount necessary to compensate City
for all the detriment proximately caused by Boeing's failure to perform its obligations
under this Lease. The amounts referenced in this Section include interest at 12% per
annum.
8.c. Additional Security: If Boeing is in default under this Lease, and such
default remains uncured for more than three (3) business days after City gives Boeing
notice of such default, then at any time when Boeing's annual revenues are less than
One Billion Dollars ($1,000,000,000) City, at City's option, may require Boeing to provide
adequate assurance of future performance of all of Boeing's obligations under this Lease
in the form of a deposit in escrow, a guarantee by a third party acceptable to City, a
surety bond, a letter of credit or other security acceptable to, and approved by, City. If
Boeing fails to provide such adequate assurance within twenty (20) days of receipt of a
request by City for such adequate assurance, such failure shall constitute a material
breach of this Lease and City may, at its option, terminate this Lease.
9. Right to Amend or Terminate: If the City receives written notice from the FAA
stating that this Agreement contravenes one or more federal property
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 98 of 123
conveyance obligations and federal grant assurances that are binding on the City
or the Airport, the City shall promptly notify Boeing of the same. Boeing and the
City shall then consult with the FAA and with each other and shall negotiate in
good faith to make such amendments and alterations to this Agreement as may
be necessary to cause this Agreement to be in compliance with such federal
property conveyance obligations and/or federal grant assurances.
10.MISCELLANEOUS
A. Successors and Assigns.
Subject to the provisions of this Paragraph 10, all of the provisions of this License
shall bind and inure to the benefit of the parties and their respective heirs, legal
representatives, successors and assigns. If Boeing assigns the Lease or subleases
all or any part of the Premises acting in accordance with the terms of the Lease,
Boeing may assign this License or sublicense its rights hereunder. The rights of
Boeing under this Agreement shall not be affected by any sale, lease, or other
disposition of the Airport (other than the exercise by FAA of its paramount rights)
or the City's interest in the Lease or this License by the City, or any transfer of
operational control of the Airport by the City to any third party.
B. Notices.
All notices or requests required or permitted under this Lease shall be in writing;
shall be personally delivered, delivered by a reputable express delivery service
such as Federal Express or DHL, or sent by certified mail, return receipt
requested, postage prepaid, and shall be deemed delivered on receipt or refusal.
All notices or requests to City shall be sent to City at City's Address set forth
below and all notices or requests to Boeing shall be sent to Boeing at Boeing's
Address set forth below.
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
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City's Address:
Boeing's Address For Notice:
With a copy to:
Airport Manager
Renton Municipal Airport
616 West Perimeter Road, Unit A
Renton, Washington 98057
The Boeing Company
Attn: Lease Administration
4501 E. Conant Street
Mail Code: D851-0097
Long Beach, CA 90808
The Boeing Company
Attn: Site Director
Mail Code 67-12
PO Box 3707
Seattle WA 98124-2207
Either party may change the address to which notices shall be sent by written
notice to the other party. All notices shall be deemed delivered when received,
provided that noticed delivered to Boeing beginning on December 23 of any
calendar year through January 1 of the following calendar year shall not be
deemed to have been received until the close of the first day when Boeing is open
for business in such following calendar year.
C. Severability.
If a court of competent jurisdiction shall determine, to any extent, that any
provision, term or condition of this License shall be invalid or unenforceable, that
determination shall not affect the remainder of this License, and each provision,
term or condition in the remainder of this License shall be valid and enforceable
to the extent permitted by law.
D. Attorneys' Fees and Disbursements.
Except as otherwise provided in this Agreement, if a dispute between City and
Boeing arises under this License, each party shall bear its own costs, including but
not limited to attorneys' fees.
E. Captions.
The marginal headings or titles to the sections of this License are not a part of
the License but are inserted only for convenience. They shall have no effect on
the construction or interpretation of any part of this License.
F. Time is of the Essence.
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
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Time is of the essence in the performance of all covenants and conditions of this
License in which time is a factor.
G. Counterparts.
This License may be executed in any number of counterparts, each of which
when executed and delivered shall constitute an original License, but all of which
together shall constitute one and the same License.
H. Choice of Law.
This License shall be governed by the Laws of the State of Washington, without
reference to its choice of law rules.
I. Agents and Brokers.
Each party represents that it has hired or retained no agent or broker in
connection with this License and shall hold the other party harmless from any
claim by any agent or broker claiming payment of any commission, finders' fee or
the like in connection with this License.
J. No Recording.
Neither party shall record this License, nor any memorandum of this License.
K. Complete Agreement.
This License, including Exhibit 1, contains the entire and complete agreement
between the parties hereto, with all previous negotiations, warranties,
covenants, conditions and promises being merged herein. City and Boeing
further agree that no alteration, amendment or modification to this License shall
be binding upon City or Boeing unless same is first reduced to writing and signed
by both City and Boeing.
Signatures appear on the next sheet
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
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Executed in duplicate as of the date first written above.
The City of Renton The Boeing Company
By: By:.
Name: Name:
Title: Title:
Date Signed: Date Signed:
[Signatures to be acknowledged before a notaryl
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
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Exhibit 1
Drawing Showing the Boeing Access Points in Relation to the Airport
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5j. ‐ Transportation Systems Division recommends approval of a new 20‐
year lease agreement with The Boeing Company of Airport property at Page 103 of 123
si
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LEGAL DESCRIPTION:
o THAT PORTION OF THE N 1/2 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 05 EAST,
W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, WHICH BEARS
S8B'31'14"E, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 18;
THENCE S66-46'06"E, 1190.14 FEET TO A POINT WHICH LIES 48.00 FEET EASTERLY OF
TAXIWAY "B" AND THE POINT OF BEGINNING;
THENCE N84V7'36"E 214.20 FEET; THENCE S0410'44"E, 13.01 FEET; THENCE
N85-21'14"E, 280.18 FEET; THENCE S26'28'01"E, 74.32 FEET; THENCE S3V1252"E, 117.82
FEET; THENCE S45V7'52"W, 132.45 FEET; THENCE S74'51'53"W, 26.01 FEET; THENCE
S02V4'57"W, 62.15 FEET; THENCE S6313'56"W, 86.44 FEET; THENCE N87-59'58"W, 15.49
FEET; THENCE N0V44'30"E, 121.43 FEET; THENCE S86S7'14"W, 48.33 FEET; THENCE
N05'18'2B"W, 43.10 FEET; THENCE S85V9'21"W, 135.65 FEET; THENCE N04'30'02"W,
18.50 FEET; THENCE SB5V3'53"W, 30.61 FEET; THENCE S05-20'57"E, 20.30 FEET;
THENCE S85'43'42"W, 127.31 FEET; THENCE N0T26'42"W, 50.34 FEET; THENCE
S85V3'43"W, 18.85 FEET; THENCE N04'49'55"W, PARALLEL WITH AND 48.00 FEET
EASTERLY OF SAID TAXIWAY "B", 151.84 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 126,489 SQUARE FEET OR 2.S6 ACRES.
NOTES
BASIS OF BEARINGS IS N04'4B'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM
NAD 83 (1991) NORTH ZONE, ALONG THE CENTERLINE OF THE RENTON AIRPORT RUNWAY,
AS ESTABLISHED BY THE PUBUC WORKS DEPARTMENT RENTON MUNICIPAL AIRPORT.
FIELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH A LEICA 1201 TOTAL STATION^
INSTRUMENT, AND MEET OR EXCEED A LINEAR CLOSURE OF 1:15,000
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO '
A NATIONAL GEODETIC SURVEY CALIBRATED BASELINE, WITHIN THE LAST YEAR:
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THAT PORTION OF THE N 1/2 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 05 EAST,
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COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, WHICH BEARS
S8B'31'14"E, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 18;
-THENCE S66'46'06"E, 1190.14 FEET TO A POINT WHICH LIES 48.00 FEET EASTERLY OF
TAXIWAY "B" AND THE POINT OF BEGINNING;
THENCE N04'49'55"W, PARALLEL WITH SAID TAXIWAY "B", 328.58 FEET; THENCE
NB5'29'02"E, 177.98 FEET; THENCE S05V7'4B"E, 50.33 FEET; THENCE N85-28'51"E,
202.39 FEET; THENCE S27'56'50"E, 69.76 FEET; S3012'3B"E, 88.47 FEET; THENCE
S23'35'23"E, 150.08 FEET; THENCE SB5W21'14"W, 280.18 FEET; THENCE N0410'44"W,
13.01 FEET; THENCE S84V7'36"W. 214.20 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 132,896 SQUARE FEET OR 3.05 ACRES.
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM
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THAT PORTION OF THE N 1/2 OF SECTION IB AND THE S 1/2 SECTION 7, TOWNSHIP 23
NORTH, RANGE 05 EAST, W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 78. WHICH BEARS
SS8-31'14"E, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 18;
THENCE S66'46'06"E, 1190.14 FEET TO A POINT WHICH LIES 48.00 FEET EASTERLY OF
TAXIWAY "B"; THENCE N04'49'55"W, PARALLEL WITH SAID TAXIWAY "B", 328.58 FEET TO
THE POINT OF BEGINNING;
THENCE CONVNUING N04'49'55"W, 63.97 FEET; THENCE N04'4B'27"W, PARALLEL WITH
SAID TAXIWAY "B", 781.09 FEET; THENCE SB5'1I'33"W, 16.00 FEET; THENCE N04'48'27"W,
PARAL1EL WITH AND 32.00 FEET EASTERLY OF SAID TAXIWAY 'B", 21,02 FEET; THENCE
ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, THROUGH A
CENTRAL ANGLE OF 25'58'53" AND AN ARC DISTANCE OF 56.68 FEET: THENCE
N30'47'20"W, 86.28 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 104.00 FEET, THROUGH A CENTRAL ANGLE OF 20'29'34" AND AN ARC
DISTANCE OF 37.20 FEET; THENCE NW17'46"W, 14.14 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 455.00 FEET, THROUGH A CENTRAL ANGLE
OF 05'28'57" AND AN ARC DISTANCE OF 43.54 FEET; THENCE N04'48'49"W. 512.93
FEET; THENCE NB5'10'53"E, 211.01 FEET; THENCE S13-22'32"E, 1675.47 FEET; THENCE
S85-28'51"W, 202.39 FEET; THENCE N05V7'48"W, 50.33 FEET; THENCE S85'29'02"W,
177.98 FEET TO THE POINT OF BEGINNING.
SCALE
o wo 200
( FEET )
INCH = 200 FT
400
LEGEND
m-o-m
BOUNDARY LINE
EDGE OF TAXIWAY
SECVON LINE
LEASE LINE
FOUND QUARTER SECTION CORNER
FOUND SECTION CORNER
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM
NAD 83 (1991) NORTH ZONE, ALONG THE CENTERUNE OF THE RENTON AIRPORT RUNWAY,
AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON MUNICIPAL AIRPORT.
FIELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH A LEICA 1201 TOTAL STAVON
INSTRUMENT, AND MEET OR EXCEED A LINEAR CLOSURE OF 1:15,000
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO
A NATIONAL GEODETIC SURVEY CALIBRATED BASELINE, WITHIN THE LAST YEAR.
LINE TABLE
LINE
... L1 L2
L3
LENGTH
21.02'
86.26'
14.14'
BEARING
N04'48'27"W
N30'47'20"W
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CURVE TABLE
CURVE
C1
C2
C3
RADIUS
125.00'
104.00'
455.00'
DELTA
25'58'53"
20'29'34"
5'28'57"
LENGTH
56.68'
37.20'
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N 1/2 OF SEC. 7, ALL IN TWP. 23N., RGE. 05E, W.M.
SCALE
0 20 40
( FEET )
1 INCH = 40 FT
LEGAL DESCRIPTION:
THAT PORTION OF THE N. 1/2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 05 EAST,
W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY MONUMENT KNOWN AS END RWY STATION 53+79.00,
ACCORDING TO RECORD OF SURVEY UNDER RECORDING NUMBER 20000314900001,
VOLUME 136 OF SURVEYS, PAGES 113 THROUGH 113E, RECORDS OF KING COUNTY,
WASHINGTON, WHICH BEARS N04'49'43"W, 5379.00 FEET FROM STATION 0+00 ACCORDING
TO SAID RECORD OF SURVEY; THENCE S79'57'30"E, 341:36 FEET TO THE POINT OF
BEGINNING;
THENCE N05V2'21"W, 93.37 FEET; THENCE N83V9''20"E, 158.93 FEET; THENCE
S12'51'49"E, 147.66 FEET; THENCE NB6'33'44"W, 67.36 FEET; THENCE N02'40'02"W,
61.74 FEET; THENCE S85-32'23"W, 74.97 FEET; THENCE S04'22'53"E, 24.85 FEET;
THENCE S88-31'01"W, 39.64 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 16,778 SQUARE FEET OR 0.39 ACRES.
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM
NAD 83 (1991) NORTH ZONE, ALONG THE CENTERLINE OF THE RENTON AIRPORT RUNWAY,
AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON MUNICIPAL AIRPORT.
FIELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH A LEICA 1201 TOTAL STATION
INSTRUMENT, AND MEET OR EXCEED A LINEAR CLOSURE OF 1:15,000
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO
A NATIONAL GEODETIC SURVEY CALIBRATED BASEUNE, WITHIN THE LAST YEAR.
LEGEND
BOUNDARY LINE
CENTERUNE RUNWAY
SECTION LINE
LEASE LINE
FOUND MONUMENT AS NOTED
1 • USTS
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NW 1/4, NE 1/4, SEC. 18 & SW 1/4, SE 1/4, SEC. 7, ALL IN TWP. 23N., RGE. 05E,
$
LEGEND CENTER UNE RUNWAY
SECTION UNE
QUARTER SECTION UNE
LEASE LINE
FOUND QUARTER SECTION CORNER
LEGAL DESCRIPTION:
THAT PORTION OF THE NW 1/4 OF THE NE 1/4 OF SECTION 18 AND THE SW 1/4 OF
THE SE 1/4 OF SECTION 7. ALL IN TOWNSHIP 23 NORTH, RANGE 05 EAST, W.M. IN
KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION IS, WHICH BEARS
SB8-31'14"E, 2483.39 FEET FROM THE NORTHWEST QUARTER OF SAID SECTION 18;
THENCE S0V24'45"W ALONG THE NORTH/SOUTH CENTERUNE OF SAID SECTION 18,
246.69 FEET; THENCE S88'35'15"E, 91.65 FEET TO A UNE 257.00 FEET WEST OF AND
PARALLEL WITH THE CENTERLINE OF TAXIWAY 'A' AND THE POINT OF BEGINNING;
THENCE S04'48'53"E ALONG SAID PARALLEL LINE, 449.26 FEET; THENCE N8511'07"E
169.00 FEET TO A LINE 88.00 FEET WEST OF SAID CENTERLINE OF TAXIWAY 'A;
THENCE N04'4B'53"W, ALONG SAID LINE, 993.07 FEET; THENCE S8S1I'07'K 169.00
FEET TO A UNE 257.00 FEET WEST OF AND PARALLEL WITH SAID CENTERLINE OF
TAXIWAY 'A'; THENCE S04'48'53"E ALONG SAID UNE, 543.81 FEET TO THE POINT OF
BEGINNING.
CONTAINING APPROXIMATELY 167,829 SQUARE FEET OR 3.85 ACRES.
A'V^IP-
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM
NAD 83 (1991) NORTH ZONE, ALONG THE CENTERUNE OF THE RENTON AIRPORT RUNWAY,
AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON MUNICIPAL AIRPORT.
FIELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH TRIMBLE 4000SSE GPS RECEIVERS
AND WILD TC1010 TOTAL STATION INSTRUMENTS, AND MEET OR EXCEED A LINEAR CLOSURE OF 1:15,000
AND THE LEAST SQUARES ADJUSTMENT YIELDS A RELATIVE ACCURACY NO GREATER THAN 0.08'
AT A 95% CONFIDENCE LEVEL, RELATIVE TO THE CONTROLLING MONUMENTS (NATIONAL GEODETIC SURVEY
POINTS HAFF, PT B 1962, RNT BCAG 112, RNTA, AND WASHINGTON DEPARTMENT OF TRANSPORTATION
POINT GP17167-2B VALLEY").
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO A NATIONAL
GEODETIC SURVEY CALIBRATED BASELINE, WITHIN THE LAST YEAR.
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5115
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ICGAL DESCRIPTION:
THAT PORTION OF THE S 1/2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 05 EAST,
W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 7, WHICH BEARS
S88-3T14"E, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE
NB5-1T'07"E, 321.35 FEET TO THE CENTERLINE OF TAXIWAY "A"; THENCE N04'48'53"W,
ALONG SAID TAXIWAY "A", 745.67 FEET; THENCE S8511'07"W, 159.62 FEET TO THE
POINT OF BEGINNING;
THENCE S8513'17"W, 25.68 FEET: THENCE N04'40'56"W, 17.83 FEET; THENCE
N85V3'31"E, 25.83 FEET; THENCE S04'50'58"E, 17.71 FEET POINT OF BEGINNING.
CONTAINING APPROXIMATELY 453 SQUARE FEET OR 0.01 ACRES.
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM NAD 83 (1991) NORTH ZONE,
ALONG THE CENTERUNE OF THE RENTON AIRPORT RUNWAY, AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON
MUNICIPAL AIRPORT.
HELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH A LEICA 1201 TOTAL STATION INSTRUMENT, AND MEET OR
EXCEED A UNEAR CLOSURE OF 1:15,000
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO A NATIONAL GEODETIC SURVEY
CALIBRATED BASELINE, WITHIN THE LAST YEAR.
LEGEND :
MTOiMy™\mwm\\TO
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BOUNDARY LINE
CENTER LINE RUNWAY
SECTION LINE
LEASE LINE
FOUND QUARTER SECTION CORNER
FOUND SECTION CORNER
(AMCK °) 20C">
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W 1/2 OF SEC. 7, ALL IN TWP. 23N., RGE. 05E, W.M.
1
-n^-N04'48'53"W
100
SCALE
0 50 WO
( FEET ) .
1 INCH = 100 FT
200
LEGAL DESCRIPTION:
THAT PORTION OF THE N 1/2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 05 EAST,
W.M. IN KINO COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 7, WHICH BEARS
S88-31'M"E, 2483.39 FEET FROM THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE
N8511'07"E, 321.35 FEET TO THE CENTERLINE OF TAXIWAY "A"; THENCE N04'48'53"W,
ALONG SAID TAXIWAY "A", 1579.13 FEET; THENCE SB511'07"W, 89.00 FEET TO THE
POINT OF BEGINNING;
THENCE S85V9'20"W, 203.24 FEET; THENCE N14'13'27"W, 257.87 FEET; THENCE
N85V2'37"E, 245.40 FEET; THENCE S04'48'53"E, 254.90 FEET TO THE POINT OF
BEGINNING.
CONTAINING APPROXIMATELY 57,130 SQUARE FEET QR 1.31 ACRES.
NOTES
BASIS OF BEARINGS IS N04'48'53"W ORIENTED IN THE WASHINGTON COORDINATE SYSTEM NAD 83 (1991) NORTH ZONE,
ALONG THE CENTERLINE OF THE RENTON AIRPORT RUNWAY, AS ESTABLISHED BY THE PUBLIC WORKS DEPARTMENT RENTON
MUNICIPAL AIRPORT.
FIELD MEASUREMENTS FOR THIS MAP WERE PERFORMED WITH A LEICA 1201 TOTAL STATION INSTRUMENT, AND MEET OR
EXCEED A LINEAR CLOSURE OF 1:15,000
ALL PRIMARY MEASUREMENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO A NATIONAL GEODETIC SURVEY
CALIBRATED BASELINE, WITHIN THE LAST YEAR.
LEGEND
B»0-^
BOUNDARY LINE
CENTER UNE RUNWAY
SECTION LINE
LEASE UNE
FOUND QUARTER SECTION CORNER
FOUND SECTION CORNER
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LAKE WASHINGTON
AOC-001
AOC-034, AOC-035 -
AOC-060-
4-78/79 SWMU/AOC Group -
AOC-090
SWMU-168-
SWMU-172,174
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FORMER FUEL FARM
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APPROXIMATE SCALE IN FEET
LEGEND m
•GENERAL LOCATION OF ^.
SWMUs AND AOCs ' ^
— • - — FACILITY BOUNDARY Q"
NOTES ""
1. BASEMAP COMPILED 8Y DUANE HA^TWAN S "T"
ASSOCIATES INC.. DECEMBER, 1994 ^M
SWMU AND AOC LOCATION MAP
Boeing Renton Facility
Renton, Washington
By: APS I Date: 06/23/09
AMEC Geomatrix
Project No, 8888
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7a. ‐ Valley Narcotics Enforcement Team interlocal agreement. (See 5.g.)
Page 112 of 123
7a. ‐ Valley Narcotics Enforcement Team interlocal agreement. (See 5.g.)
Page 113 of 123
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEAR 2010 ANNUAL BUDGET AS ADOPTED BY ORDINANCE
NO. 5510.
WHEREAS, on November 23, 2009, the City Council adopted Ordinance No. 5510
approving the City of Renton's 2010 Annual Budget; and
WHEREAS, funds appropriated in 2009, but not expended in 2009 due to capital project
interruptions and delays in invoice payments, need to be carried forward and appropriated for
expenditure in 2010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Ordinance No. 5510 establishing the City of Renton's 2010 Annual Budget
is hereby amended in the total amount of $37,020,458.
SECTION II. A summary budget adjustment by fund is hereby attached as Exhibit A. A
detailed list of adjustments is available for public review in the Office of the City Clerk, Renton
City Hall.
SECTION III. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2010.
Bonnie I. Walton, City Clerk
7a. ‐ 2010 Budget amendment related to carrying forward 2009 funds
(See 6.a.)Page 114 of 123
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2010.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1633:4/7/10:scr
Denis Law, Mayor
7a. ‐ 2010 Budget amendment related to carrying forward 2009 funds
(See 6.a.)Page 115 of 123
ORDINANCE NO.
Exhibit A: 2010 Carry Forward Budget Adjustment Summary by Fund
2010 Carry Forward Budget Adjustment Request Analysis/Summary
BEGINNING FUND BALANCE I REVENUE I EXPENDITURES END FUND BALANCE
Fund/
000 GENERAL
001 COMMUNITY SERVICES
003 STREETS
004 COMMUNITY DEVELOPMENT BLOCK GRANT
005 MUSEUM
006 LIBRARY
009 FARMERS MARKET
010 FIRE AND EMERGENCY SVC MEMORIAL
011 HREANDS/IERGENCYSVCHEALTH&WELLNESS
031 PARK MEMORIAL
201 1997 LIM GO BONDS-CITY HALL
215 GENERAL GOVERNMENT MISC DEBT SVC
Total General Governmental Funds
102 ARTERIAL STREETS
108 LEASED CrTY PROPERTIES
110 SPECIAL HOTEL-MOTEL TAX
118 CUM 2755 (PATHS/TRAILS)
125 ONE PERCENT FOR ART
127 CABLE COMMUNICATIONS DEVELOPMENT
135 SPRINGBROOKWETLANDSBANK
219 1989 UNLIM GO BONDS-SR HOUSING
303 COMMUNITY SERVICES IMPACT MITIGATION
304 FIRE IMPACT MITIGATION
305 TRANSPORTATION IMPACT MITIGATION
316 MUNICIPAL FACILITIES CIP
317 CAPITAL IMPROVEMENT
318 SOUTH LAKEWA INFRASTRUCTURE PROJECT
326 HOUSING OPPORTUNITY
402 AIRPORT OPERATIONS
403 SOLID WASTE UTILITY
404 MUNICIPAL GOLF COURSE SYSTEM
405 WATER OPERATIONS
406 WASTEWATER OPERATIONS
407 SURFACE WATER OPERATIONS
416 KING COUNTY METRO
422 AIRPORT CAPITAL IMPROVEMENT
424 MUNICIPAL GOLF COURSE SYSTEM CIP
425 WATER CIP
426 WASTEWATER CIP
427 SURFACE WATER OP
471 WATERWORKS RATE STABILIZATION
501 EQUIPMENT RENTAL
502 INSURANCE
503 INFORMATION SERVICES
504 FACILITIES
505 COMMUNICATIONS
512 HEALTHCARE INSURANCE
522 LEOFF1 RETIREES HEALTHCARE
611 FIREMENS PENSION
Total Other Funds
TOTAL ALL FUNDS
2010 Budgeted
Beg Fund Bal
3,404,712
2,357,349
1,788,039
(16,483)
1,499
1,148,462
52,147
-
-
173,453
(998,033)
452,284
8,363,429
261,306
615,151
265,146
3,243
121,678
112,369
19,002
(22,013)
1,970,013
2,375,768
732,475
1,198,463
443,334
51,377
200,325
270,165
882,793
851,311
2,627,661
1,154,664
986,060
(97,684)
75,498
80,359
124,153
84,412
25,322
15,501
3,956,502
5,728,514
579,805
35,166
-
3,760,553
1,935,616
4,013,713
35,437,721
43,801,150
2010 Budget
Changes
5,130,301
(1,399,340)
(396,391)
9,955
63,206
(442,451)
8,424
936
4,303
1,613
999,481
(388,181)
3,591,856
(60,620)
222,462
(17,318)
21
22,118
(22,978)
440,526
101,353
(903,420)
(12,246)
1,434,658
5,734,723
2,449,007
62,662
1,328
145,764
(556,759)
(53,033)
1,667,172
733,151
1,462,785
144,188
557,656
207,164
2,738,122
756,807
1,508,675
104
636,897
310,995
1,068,126
56,009
111,818
1,031,899
884,857
319,104
23,183,777
26,775,633
2010 Adjusted 2010 Budgeted 2010 Budget 2010 Adjusted
Fund Bal
8,535,013
958,009
1,391,648
(6,528)
64,705
706,011
60,571
936
4,303
175,066
1,448
64,103
11,955,285
200,686
837,613
247,828
3,264
143,796
89,391
459,528
79,340
1,066,593
2,363,522
2,167,133
6,933,186
2,892,341
114,039
201,653
415,929
326,034
798,278
4,294,833
1,887,815
2,448,845
46,504
633,154
287,523
2,862,275
841,219
1,533,997
15,605
4,593,399
6,039,509
1,647,931
91,175
111,818
4,792,452
2,820,473
4,332,817
58,621,498
70,576,783
Revenue
74,198,436
9,544,866
7,149,882
294,148
192,621
1,888,252
44,280
-
25,000
-
2,033,177
2,468,036
97,838,698
620,000
941,533
245,000
-
15,000
85,000
-
-
60,000
100,000
200,000
730,000
15,692,002
-
-
1,917,163
15,000,000
2,483,545
11,316,610
6,070,737
5,768,148
11,211,935
1,578,000
150,000
2,960,000
2,775,000
2,250,000
-
3,631,241
3,287,584
4,105,387
4,555,485
1,049,671
12,358,471
2,235,684
300,000
113,693,196
211,531,894
Changes
321,757
13,058
51,608
238,487
-
-
-
-
-
-
-
79,340
704,250
.
728,053
-
-
20,000
-
-
-
-
-
-
603,553
14,890,040
-
-
-
25,000
-
-
-
15,000
-
-
-
500,000
378,781
1,666,003
-
-
-
89,387
149,990
-
-
-
-
19,065,807
19,770,057
Revenue
74,520,192
9,557,924
7,201,490
532,635
192,621
1,888,252
44,280
-
25,000
-
2,033,177
2,547,376
98,542,947
620,000
1,669,586
245,000
-
35,000
85,000
-
-
60,000
100,000
200,000
1,333,553
30,582,042
-
-
1,917,163
15,025,000
2,483,545
11,316,610
6,070,737
5,783,148
11,211,935
1,578,000
150,000
3,460,000
3,153,781
3,916,003
-
3,631,241
3,287,584
4,194,774
4,705,475
1,049,671
12,358,471
2,235,684
300,000
132,759,003
231,301,950
2010 Budgeted
Expenditure
71,418,283
10,354,293
8,476,980
296,503
194,120
2,544,263
34,311
-
25,000
-
1,984,625
2,510,320
97,838,698
620,000
581,940
245,000
-
50,000
85,674
-
1,388
-
560,000
700,000
1,653,454
16,126,973
-
100,000
1,001,800
15,000,000
2,566,837
11,319,531
6,389,869
5,647,923
11,211,935
1,578,000
150,000
2,960,000
2,775,000
2,250,000
-
2,791,684
4,170,106
3,715,819
4,176,210
877,560
12,462,810
2,248,907
550,475
114,568,895
212,407,593
2010 Budget 2010 Adjusted
Changes
1,099,519
107,140
66,158
235,724
-
-
-
-
-
-
-
-
1,508,541
929,621
-
-
-
-
-
77,952
-
-
1,110,000
5,968,317
16,286,761
114,000
100,000
-
25,000
-
241,420
390,781
993,961
-
253,485
152,499
2,550,000
1,220,000
3,200,000
-
622,243
-
1,125,887
149,990
-
-
-
-
35,511,917
37,020,458
Expenditure
72,517,802
10,461,433
8,543,138
532,227
194,120
2,544,263
34,311
-
25,000
-
1,984,625
2,510,320
99,347,239
620,000
1,511,561
245,000
-
50,000
85,674
-
79,340
-
560,000
1,810,000
7,621,771
32,413,734
114,000
200,000
1,001,800
15,025,000
2,566,837
11,560,951
6,780,650
6,641,884
11,211,935
1,831,485
302,499
5,510,000
3,995,000
5,450,000
-
3,413,927
4,170,106
4,841,706
4,326,200
877,560
12,462,810
2,248,907
550,475
150,080,812
249,428,051
Ending Fund
Balance
10,537,403
54,501
50,000
(6,120)
63,206
50,000
70,540
936
4,303
175,066
50,000
101,159
11,150,993
200,686
995,638
247,828
3,264
128,796
88,717
459,528
-
1,126,593
1,903,522
557,133
644,968
1,060,649
39
1,653
1,331,292
326,034
714,986
4,050,492
1,177,902
1,590,109
46,504
379,669
135,024
812,275
-
-
15,605
4,810,713
5,156,987
1,000,999
470,450
283,929
4,688,113
2,807,250
4,082,342
41,299,689
52,450,682
Reserved/ Available Fund
Designated
(1,544,954)
(175,066)
(1,720,020)
(1,955,020)
(838,706)
(497,632)
(5,275,000)
(3,738,843)
(674,672)
(4,082,342)
(17,062,215)
(18,782,235)
Balance
8,992,449
54,501
50,000
(6,120)
63,206
50,000
70,540
936
4,303
-
50,000
101,159
9,430,973
200,686
995,638
247,828
3,264
128,796
88,717
459,528
-
1,126,593
1,903,522
557,133
644,968
1,060,649
39
1,653
1,331,292
326,034
714,986
2,095,472
339,196
1,092,477
46,504
379,669
135,024
812,275
-
-
15,605
4,810,713
(118,013)
1,000,999
470,450
283,929
949,270
2,132,578
-
24,237,474
33,668,447
7
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
13, LIBRARY BOARD, OF TITLE II, (COMMISSIONS AND BOARDS), OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON", TO CREATE A LIBRARY ADVISORY BOARD FOR
ISSUES RELATED TO SERVICES PROVIDED TO RENTON RESIDENTS BY THE KING
COUNTY LIBRARY SYSTEM.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Chapter 13, Library Board, of Title II (Commissions and Boards) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended as follows:
CHAPTER 13
LIBRARY ADVISORY BOARD
2-13-1: Creation Of Library Advisory Board
2 13 2: Authority
2-13-32
2-13-43
2-13-54
Function Purpose
Appointment
Terms; Vacancies
2-13-65: Meetings And Quorum
2 13 7
2 13 8
2 13 9
Appointment, Qualifications, And Duties Of Library Director
Budget And Finances
Labor Agreements And Personnel Policy
2-13-1 CREATION OF LIBRARY ADVISORY BOARD:
Pursuant to RCW 27.12.190, T-there is hereby created a Library Advisory Board
in the City of Renton. Support for the board is to be provided by the King County
Library System.
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
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ORDINANCE NO.
2 13 2 AUTHORITY:
Tho Library Advisory Board is established pursuant to RCW 35A.27.010.
2-13-32 FUNCTION: PURPOSE:
A^—The Library Advisory_Board shall have tho power to establish policy for
library activity, including policy for the control and supervision of all libraries
belonging to the City.
&—In conjunction with tho Mayor and City Council, the Library Board may
further establish policy to plan, promote, manage, construct, develop, maintain
and operate, within the City limits, libraries and improve and ornament the
same.
G-.—The Board shall further receive, in the name of the City, all monies or
other property donated by individuals or groups for the improvomont of
libraries; the Board reserves the right to reject any such donations in the event
that any such donations bo considered improper, unlawful or contrary to the
purposes sot forth. Any cash received by the Board on bohalf of the City shall bo
paid to the Director of Finance and same shall be placed in tho Library Fund.
The Library Advisory Board shall serve in an advisory capacity to the Mayor
and City Council and shall also coordinate with, and provide input to, the King
County Library Board and local library officials regarding the scope and quality of
library services provided by the King County Library System to the residents of
Renton, and to the extent it is requested to do so, to represent the City's
interests before the King County Library Board with respect to such services.
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
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ORDINANCE NO.
At the request of the King County Library System, the board will participate in
studies concerning the need for, acquisition, use, care, maintenance and
disposition of library buildings and all property or equipment pertaining to or
associated with library purposes. It will review, advise, and make
recommendations to the King County Library Board relative to the need for
programs that address the needs of Renton residents, and the promulgation and
enforcement of rules and regulations regarding the use of the library, its
buildings and equipment, and rules of conduct and behavior of those using the
buildings.
2-13--43 APPOINTMENT:
The Library Advisory Board shall consist of seven (7) five (5) members, who
shall be citizonsresidents of the City of Renton, and who shall be appointed by
the Mayor, subject to the confirmation by a majority of the members of the City
Council, one of which shall bo a youth representative under 21 years of ago at
the timo of appointment. No Library Advisory Board member shall receive any
compensation for his or her service whatsoever except for reimbursement of
actual expenditures duly authorized by the City Council.
2-13-54 TERMS; VACANCIES:
A. The term of each Library Advisory Board member so appointed shall be
for a period of five (5) years from the date of such appointment, unless the
appointment is to fill an unexpired term, except for the youth member, who
shall sorvo for two years. Such designated term shall also apply to incumbent
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
Page 119 of 123
ORDINANCE NO.
members who shall havo a term of office coinciding with their term on that
predecessor board. A vacancy shall occur upon the resignation, death, e*
removal of a member, or when that member ceases to be a resident of the City.
A vacancy shall also occur whenever a board member absents himself or herself
for three (3) consecutive regular meetings of the Board or for an aggregate of
five (5) regular and/or special meeting in a single year, unless the absences are
excused by action of the remaining members.
B. No person shall be appointed to the Library Advisory Bboard for more
than two (2) consecutive terms. Tho first appointments to the Library Board
created by this Chapter shall bo of thoso individuals who wore mombors of tho
Library Board in existence at the timo tho ordinance codified in this Chapter is
adopted.
C. Members of the Library Advisory Board may be removed at any time by
the appointing authority and vacancies for the remainder of unexpired terms
shall be filled in the same manner as the original appointment. The Library
Advisory Board shall, by majority vote, elect one of its members to be Pp/esident
thereof, and may elect such other officers as may be deemed necessary by them.
2-13-65 MEETINGS AND QUORUM:
The Library Advisory Board shall have a regular meeting each month and may,
from time to time, provide for special meetings as may be needed to carry out
the proper discharge of its duties. A majority of the Library Advisory Board shall
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
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ORDINANCE NO.
constitute a quorum for the transaction of business, and a majority vote of those
present shall be necessary to carry any proposition.
2 13 7 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF LIBRARY DIRECTOR:
A.—When thoro is a vacancy in tho position of Library Director, tho Library
Board mombors, in conjunction with tho Community Sorvicos Administrator,
shaU—rocommond—one—or more—qualified—candidates to tho—Mayor for
consideration for appointment to that position.
&•.—Tho qualifications and duties for tho position of Library Diroctor shall bo
ostablishod by tho Human Resources Department of tho City with tho
concurronco of tho Library Board. In accordance with RCW 27.04.030, candidates
for tho position of Library Director shall hold a master's dogroo in library scionco
and shall hold or bo eligible to acquire a State of Washington librarian's
certificate. Tho Library Director shall report to tho Community Sorvicos
Administrator, who will sook input from tho Library Board for an annual
evaluation of tho director's performance.
G-.—Tho Library Diroctor may sorvo as an ox officio mombor of tho Library
Board but shall havo no voto thereon.
&-.—Tho salary of tho Library Diroctor shall bo as fixod in tho annual budget of
tho City.
2 13 8 BUDGET AND FINANCES:
Library appropriations and oxpondituros shall conform with tho requirements
of stato law and tho Ronton City Codo. Tho City Council shall havo final authority
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
Page 121 of 123
ORDINANCE NO.
to roviow and approve tho library budgot. Tho library budget proposal shall bo
developed by tho Library Diroctor and reviewed by tho Library Board within a
rosourco estimate provided by tho Mayor.
2 13 0 LABOR AGREEMENTS AND PERSONNEL POLICY:
Tho Mayor shall nogotioto labor agreements and salary schodulos for library
personnel, those agroomonts to bo intogratod with tho citywido pay plan,
personnel policies and collective bargaining contracts. Tho Library Board
members shall bo consulted at tho timo of contract negotiations or when policies
affocting library porsonnol or operations aro to bo changed in ordor that thoir
concerns may bo considered.
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
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
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ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1630:3/29/10:scr
7a. ‐ Creating a Library Advisory Board (1st reading 4/12/2010)
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