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Council 07/09/2007
A AGENDA RENTON CITY COUNCIL Nove REGULAR MEETING July 9, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Parks and Recreation Month-July 2007 4. PUBLIC MEETING: Liberty Annexation- 10%Notice of Intent to annex petition for 184.2 acres located in the vicinity of 156th Ave. SE, SE 136th St., 164th Ave. SE and SE 144th St. 5. APPEALS: a. Planning&Development Committee report re: Seahawks Headquarters&Training Facility b. Planning&Development Committee report re: The Landing INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council,feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court,has retained appellate jurisdiction to itself. 1/4111 The courts have held that the City Council,while sitting as an appellate body,is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code,and by State law,the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning&Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence,and because all parties have had an opportunity to address their concerns to the Planning&Development Committee,the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However,this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick,easy,inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. 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 address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA Noe 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. (CONTINUED ON REVERSE SIDE) a. Approval of Council meeting minutes of 7/2/2007. Council concur. b. Community Services Department requests approval of a work authorization with Gensler& Coffman Engineers in the amount of$42,550 for a Tier 2 seismic evaluation of the 200 Mill Building, and approval of the associated geotechnical evaluation in the estimated amount of $23,000. Council concur. c. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at the corner of Jones Ave.NE and NE 24th St. to fulfill a requirement of the Gong Short Plat(SHP-06-141). Council concur. d. Planning/Building/Public Works Department requests approval of a Road Right-of-Way and Slope Easement and Purchase and Sale Agreement with AnMarCo at 1915 SE Maple Valley Hwy. related to the Maple Valley Hwy. (SR-169)HOV, 140th Way SE to SR-900 project. Purchase price is $514,800 and WSDOT will reimburse the City the estimated amount of $232,000. Council concur. e. Transportation Systems Division recommends approval of an operating permit and agreement with Bahr Aero for an aircraft business at the Airport. Approval is also sought for the Airport sublease agreement between Aerodyne,LLC and Bahr Aero. Refer to Transportation(Aviation) Committee. f. Transportation Systems Division recommends approval of an operating permit and agreement with Kenmore Air Harbor, Inc. for an aircraft business at the Airport. Approval is also sought for the Airport sublease agreement between Beaver Hangar Corporation (BHC), Inc. and Kenmore Air Harbor, Inc. Refer to Transportation(Aviation) Committee. 9. CORRESPONDENCE 10. 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; Contract with InFor Global Solutions for Maintenance Task kirsol Management Software; Contract Addendum with Weston Solutions for Enterprise Maintenance Management System b. Utilities Committee: Dohrn Vacation Fee Waiver Request 11. RESOLUTIONS AND ORDINANCES 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room. 5:30 p.m. Emerging Issues in Economic Development and Transportation/Aviation Council Chambers Approximately 6:15 p.m. likrood CIP &Budget Process RENTON CITY COUNCIL Regular Meeting July 9, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DAN CLAWSON; DENIS LAW; COUNCILMEMBERS MARCIE PALMER; DON PERSSON; RANDY CORMAN. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; PETER HAHN,Deputy Planning/Building/Public Works Administrator-Transportation;ALEX PIETSCH,Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; DON ERICKSON, Senior Planner;TERRY HIGASHIYAMA, Community Services Administrator; LESLIE BETLACH,Parks Director; PETER RENNER, Facilities Director; GERALD RERECICH, Recreation Director; DEPUTY CHIEF CHUCK DUFFY,Fire Department; COMMANDER CHARLES MARSALISI, Police Department. PROCLAMATION A proclamation by Mayor Keolker was read declaring the month of July 2007 to Parks and Recreation Month - be Parks and Recreation Month" in the City of Renton and encouraging all July 2007 citizens to join in this special observance as recreation and parks programs enhance quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem,teaching life skills, and providing places for enjoyment. MOVED BY LAW, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Community Services Administrator Higashiyama accepted the proclamation with appreciation. PUBLIC MEETING This being the date set and proper notices having been posted and published in Annexation: Liberty, 156th accordance with local and State laws, Mayor Keolker opened the public meeting Ave SE & SE 144th St to consider the 10%Notice of Intent to annex petition for the proposed Liberty Annexation; 184.2 acres, including the abutting street right-of-way, located east of 154th Ave. SE, west of Liberty High School, north of SE 144th St., and south of SE 134th St. Economic Development Administrator Pietsch explained that the subject annexation is the first area in the East Renton Plateau Potential Annexation Area to be considered for annexation since the Preserve Our Plateau Annexation (POPA) was defeated at the 2/6/2007 Special Election. He noted that the annexation is being brought forward by property owners representing more than ten percent of the area's assessed value. Senior Planner Erickson reported that the site is the western portion of what was the POPA area. The site's topography is relatively flat with a 4.9 percent slope running west to east. A potential erosion area exists in the southeast corner. Mr. Erickson stated that public services are currently provided by Fire District #25, Water District#90, Renton sewer, and the Renton and Issaquah school districts. July 9,2007 Renton City Council Minutes Page 238 Continuing, Mr. Erickson explained that the area's existing King County zoning is R-4 (four dwelling units per gross acre), and the City's Comprehensive Plan designates the area as Residential Low Density, for which R-4 (four dwelling units per net acre) zoning is proposed. He reported that the proposed annexation is generally consistent with relevant City annexation policies and Boundary Review Board objectives. Mr. Erickson further reported that the fiscal impact analysis indicates a surplus of$53,930 at full development, and an estimated one-time parks development cost of$230,260. Mr. Erickson stated that the annexation proposal serves the best interests and general welfare of the City. He noted that the Utility Division suggests using King County's 2005 Surface Water Design Manual, Level 2, for future development. Mr. Erickson said staff recommends that along with accepting the 10%petition and authorizing circulation of the 60%petition, that signers of the 60%petition support property owners within the annexation area assuming their proportional share of the City's existing outstanding bonded indebtedness. He pointed out that the proportional share for the entire area totals $5,225. Correspondence was read from Gwendolyn High, 13405 158th Ave. SE, Renton, 98059, asking that residents of the annexation area be excused from being required to accept a share of the City's current outstanding bonded indebtedness. Correspondence was read from the following Highland Estates subdivision residents requesting that the subdivision be included in the Liberty Annexation area: Alice Chung and Michael Tena, 15308 SE 136th Lane,Renton, 98059; Annaliza Metra-Cruz, 13602 153rd Pl. SE,Renton, 98059; Scott and Wendi Higginbotham, 13727 153rd Pl. SE, Renton, 98059; and Santhosh Pillai, 15315 SE 136th Lane, Renton, 98059. Public comment was invited. Claudia Donnelly, East Renton Plateau Community Council President, 10415 147th Ave. SE, Renton, 98059,pointed out that a majority of the POPA area residents voted against annexing to Renton on 2/6/2007. Regarding the covenants to annex, she noted that when questioned, Economic Development Administrator Pietsch indicated that while much of the annexation area has covenants that require support of the annexation, the annexation will still be dependent on those property owners to sign the 60%petition. Ms. Connelly further noted that for the POPA election, residents did not have to vote on the issue of assuming a proportional share of the City's outstanding voted indebtedness. She pointed out that staff is now recommending that property owners assume their fair share of Renton's indebtedness. Responding to Mayor Keolker's inquiry, Ms. Donnelly indicated that she does not reside in the subject annexation boundary. Sally Nipert, 14004 156th Ave. SE,Renton, 98059, noted that the City of Renton has grown a lot, traffic is horrible, and the roads do not support development. She further noted that residents have already said they do not want to annex. Lynn Wilmot, 13900 160th Ave. SE, Renton, 98059, expressed her surprise that this area is once again up for annexation to Renton so soon after the POPA issue was voted down. Ms. Wilmot questioned why the annexation area is such an odd shape, and why Liberty High School was not included in the area. I July 9,2007 Renton City Council Minutes Page 239 Mr. Pietsch indicated that the annexation boundary was brought forward by property owners representing 10 percent of the assessed value of the area, and the City did not design the boundary. He noted that historically, Renton has grown incrementally by annexation as property owners have been interested in joining the City. Regarding Liberty High School, Mr. Pietsch explained that a Superior Court decision found that school district property could not be included in the petition method of annexation and therefore schools are required to annex to cities on their own. He noted that development in the area will allow the extension of the City sewer line to Liberty High School, and regardless of whether the school annexes, the sewer line extension could occur within the next couple of years. There being no further public comment, it was MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. Councilman Corman objected to having property owners pay the proportional share of the City's existing outstanding bonded indebtedness,pointing out that Benson Hill Communities Annexation-area residents are not being asked to assume the City's bonded indebtedness. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ACCEPT THE 10%NOTICE OF INTENT PETITION FOR THE LIBERTY ANNEXATION AND AUTHORIZE THE CIRCULATION OF A 60% DIRECT PETITION TO ANNEX SPECIFYING THAT SIGNERS SUPPORT FUTURE ZONING CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN LAND USE DESIGNATION FOR THE AREA.* Mr. Pietsch brought to the Council's attention the correspondence received from Highland Estates residents in support of adding the subdivision to the Liberty Annexation boundary. He pointed out that the 8.7-acre subdivision is located immediately west of the annexation area and contains 58 houses. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL AMEND THE MOTION TO ADD THE HIGHLAND ESTATES SUBDIVISION TO THE ANNEXATION AREA. CARRIED. *MAIN MOTION AS AMENDED CARRIED. APPEALS Planning and Development Committee Vice Chair Clawson presented a report Planning& Development regarding the appeal of the Seahawks' Headquarters and Training Facility site Committee plan (SA-06-073). The appeal deals with a minor modification of the permitted Appeal: Seahawks height of the Seahawks' training facility. The height is less than that permitted Headquarters &Training in the zone. The height reviewed and approved by the environmental review Facility, Football Northwest, committee(ERC) was 120 feet, less than the height after the minor modification SA-06-073 of 115 feet. Minor modifications are controlled by City Code Section 4-9-200I. The Hearing Examiner found that all of the elements of that City Code section have been met. The Hearing Examiner originally approved the site plan with an elevation of 111 feet for the training facility. On appeal, the Hearing Examiner conditioned the minor modification on the planting of between 12 and 24 trees of a reasonable specimen size at maturity. The Committee recommended that the City Council affirm the decision of the Hearing Examiner with respect to the granting of the minor modification,but insofar as the additional conditions imposed by the Hearing Examiner,the Committee recommended that the City July 9, 2007 Renton City Council Minutes Page 240 Council find that the Hearing Examiner made errors of fact and law by conditioning the minor modification on the planting of trees. To that end, the Committee recommended that the Hearing Examiner's decision be affirmed as to the minor modification but modified by adding three findings of fact as follows: 11. Increasing the building's height to a full 115 feet would only create a 3 percent increase. At 113 feet, the likely end result, the overall site massing would only increase by 1.5 percent. The change in elevation would be unnoticeable from the appellant's home, which is three-quarters of a mile away on Mercer Island. 12. Requiring the applicants to plant evergreen trees along the lakeshore façade of the building would be nearly impossible in that there are emergency fire access lanes along that area. Furthermore, there are structural and utility- based issues which would need to be completely overhauled and re- assessed in order to comply with this condition. 13. The Seahawks moved the facility back from the shoreline to preserve the view from the Misty Cove condominiums. The planting of trees shoreward of the facility would do much greater harm to the adjacent view of the Misty Cove residents than it would benefit Mercer Island residents. The Committee further recommended that conclusions 5, 6, and 7 be stricken and replaced with the following conclusions, and the decision be modified to grant the minor modification without condition. 5. However, since the change in elevation would be indistinguishable from appellants'property, and otherwise meets all the requisite criteria of City Code Section 4-9-200I, there is no basis to condition the minor modification. 6. Because the ERC did not condition the project when it was greater in elevation than the current elevation with the minor modification and the Hearing Examiner did not condition the original site plan approval, there appears to be no authority to impose conditions on this minor modification. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appeal: The Landing, Harvest Planning and Development Committee Vice Chair Clawson presented a report Partners, SA-06-071 regarding the appeal by Harvest Partners regarding The Landing site plan (SA- 06-071). The Committee met on 7/5/2007 to consider the appeal brought by the applicant, Harvest Partners of the decision of the Hearing Examiner dated 5/22/2007. This matter stems from an appeal by Brad Nicholson and Alliance for South End (appellants) of the site plan approval for The Landing. The Hearing Examiner heard the appeal and rendered a decision on 5/22/2007. The Hearing Examiner's decision affirmed the Development Services Director's approval of the site plan for The Landing project in most respects but reversed the Director's approval of certain specific elements in the The Landing site plan. The City of Renton filed a request for clarification. On 6/5/2007, appellants and Harvest Partners filed separate requests to reconsider with the Hearing Examiner. On 6/6/2007, consistent with a settlement between appellants and Harvest Partners, appellants, through their attorney,withdrew appellant's request for reconsideration and they notified the Hearing Examiner that they did not oppose t July 9,2007 Renton City Council Minutes Page 241 the request for reconsideration submitted by Harvest Partners. Thereafter, the Hearing Examiner, on 6/12/2007, issued his reconsideration and his clarification. In his reconsideration, the Hearing Examiner upheld his earlier decision, which had denied several modifications previously granted by Development Services Director Neil Watts. In addition to the oral presentations at the Committee meeting, the Committee reviewed the file, including the Hearing Examiner's decisions, the letter submitted by the Hearing Examiner dated 7/3/2007,the motions and briefs therein, as well as the written submissions by the parties to the Committee. The Committee also reviewed appellants'withdrawal of their request for reconsideration and their statement of support for applicant Harvest Partners' request for reconsideration, filed pursuant to the settlement agreement reached by the parties. Finally, the Committee considered the submission by Peter Buck, attorney for appellants, dated 6/27/2007,which made it clear that the settlement by the parties was intended to be a resolution of all appeals, including the site plan appeal. The documentation submitted to the Hearing Examiner was not as clear as Mr. Buck's correspondence of 6/27/2007. In light of the evidence,the Committee finds that the decision of 5/22/2007 was not a final order. Further, the Committee finds that the Hearing Examiner did not understand and could not have understood the breadth of the settlement entered into by the parties. The Committee finds the Hearing Examiner no longer had a case or controversy before him. At that point the appeal was moot. The Committee finds itself in the same situation. The Committee recommended that the City Council vacate the decisions of the Hearing Examiner, dated 5/22/2007 and 6/12/2007, and dismiss the appeals related to the site plan approval. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: Residents are invited to help shape the future of the Renton Public Library by completing a questionnaire about library services by July 21. The survey is part of the City's Library Master Plan process. BNSF Railway Company opened construction bids for four railroad bridge replacement projects in Renton: the Cedar River Bridge,the Rainier Ave. Bridge, the Shattuck Ave. Bridge, and the Hardie Ave. Bridge. The first project—Rainier Ave. Bridge—will begin August 11. As a result, Rainier Ave. will be closed August 11 through August 15 between S. 3rd St. and S. 7th St. AUDIENCE COMMENT Linda Sarthurak, 17504 155th Ave. SE, Renton, 98058, noted the City's Citizen Comment: Sarthurak- preliminary costs associated with the Benson Hill Communities Annexation and Benson Hill Communities the funding made available from King County and the State via Senate Bill Annexation, S 200th St& 6686(authorizing a local sales and use tax that is credited against the State sales 128th Ave SE and use tax). She questioned whether the funding via Senate Bill 6686 can be used for initial purchases of equipment. Chief Administrative Officer Covington confirmed that the funding can be used for capital purchases. July 9, 2007 Renton City Council Minutes Page 242 CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 7/2/2007. Council concur. 7/2/2007 Community Services: 200 Mill Community Services Department requested approval of a work authorization Bldg Seismic Evaluation, with Gensler&Coffman Engineers in the amount of$42,550 for a Tier 2 Gensler& Coffman Engineers seismic evaluation of the 200 Mill Building, and approval of the associated geotechnical evaluation in the estimated amount of$23,000. Council concur. Development Services: Gong Development Services Division recommended acceptance of a deed of Short Plat, ROW Dedication, dedication for additional right-of-way at the corner of Jones Ave. NE and NE Jones Ave NE, SHP-06-141 24th St. to fulfill a requirement of the Gong Short Plat. Council concur. Public Works: SE Maple Planning/Building/Public Works Department requested approval of a Road Valley Hwy Property Purchase Right-of-Way and Slope Easement and Purchase and Sale Agreement with for SR-169 HOV AnMarCo at 1915 SE Maple Valley Hwy. related to the Maple Valley Hwy. Improvements Project (SR-169) HOV, 140th Way SE to SR-900 project. Purchase price is $514,800 and WSDOT will reimburse the City the estimated amount of$232,000. Council concur. Airport: Bahr Aero Operating Transportation Systems Division recommended approval of an operating permit Permit& Sublease and agreement with Bahr Aero for an aircraft business at the airport, and approval of the sublease agreement between Aerodyne, LLC and Bahr Aero. Refer to Transportation (Aviation) Committee. Airport: Kenmore Air Harbor Transportation Systems Division recommended approval of an operating permit Operating Permit & Sublease and agreement with Kenmore Air Harbor, Inc. for an aircraft business at the airport, and approval of the sublease agreement between Beaver Hangar Corporation (BHC), Inc. and Kenmore Air Harbor, Inc. Refer to Transportation (Aviation) Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Clawson presented a report regarding the Ron Dohrn Utilities Committee fee waiver request associated with the vacation of a portion of Aberdeen Ave. Vacation: Aberdeen Ave NE, NE. The Committee recommended concurrence in the staff recommendation to Dohrn, VAC-05-003 deny Mr. Dohrn's request to waive the appraisal and compensation. The Committee further recommended that the petitioner submit an appraisal and pay the City fair compensation for this right-of-way. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report regarding the purchase of Finance: Maintenance Task EMMS (Enterprise Maintenance Management System) software and contract Management Software, InFor approval. The Committee recommended concurrence in the staff Global Solutions, Interim recommendation to approve a contract with InFor Global Solutions, Inc. in the Project Manager amount of$494,102 as negotiated from the RFP (request for proposals) response, and the hiring of a limited term project manager. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Fire: Fire District Liaison Finance Committee Chair Persson presented a report recommending Position concurrence to approve the proposed creation of a new City of Renton employee position of Fire District Liaison to provide administrative support for King County Fire District#25 and the Renton Fire Department. MOVED BY i July 9,2007 Renton City Council Minutes Page 243 PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 261331 -261796 and two wire transfers totaling $3,918.696.30; and approval of 315 Payroll Vouchers, zero wire transfers, and 709 direct deposits totaling$2,325,070.89. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 03-167, Enterprise Finance Committee Chair Persson presented a report regarding extension of the Maintenance Management contract with Weston Solutions, Inc. for EMMS (Enterprise Maintenance System, Weston Solutions Management System). The Committee recommended concurrence in the staff recommendation to approve an extension of Weston Solution's contract in the amount of$150,000 to assist in the implementation of the EMMS project. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS Councilmember Persson asked the Administration to investigate a citizen Finance: Business License, complaint regarding a business license issued to Red Storm Towing located on Red Storm Towing NE 10th St. He indicated that the business may be inappropriate for the neighborhood because the idling trucks' diesel fumes enter neighboring houses. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 7:58 p.m.. 6tht ti "J (�(/a Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann July 9, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING July 9, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 7/16 Benson Hill Communities Annexation (Nelson) 6 p.m. Prezoning COMMUNITY SERVICES MON., 7/16 Tyler Morse Appointment to Library (Corman) 5:30 p.m. Board FINANCE (Persson) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 7/16 2006 International Fire Code Adoption; (Law) 4:30 p.m. Marine Patrol Contract with Mercer Island TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. (+( xa Mayor t, y Kathy Keolker '4440.01, P r W he recto; recreation and parks programs enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills, and providing places for enjoyment; and W he recta;recreation and parks programs boost the economy, enhance property values, attract new business, increase tourism, and reduce crime; and Wherecau;recreation builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, enhances education, develops creativity, and promotes cultural diversity; and Wherect-; our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, preserve plant and animal wildlife; and W he 'e-a- recreation, therapeutic recreation, and leisure education are essential to the therapy of senior citizens, and of individuals who have been ill or disabled; and %ow W h.e rec4; the City of Renton Community Services Department includes Recreation and Parks divisions, and the National Recreation and Park Association recognizes July as Recreation and Parks Month; Now, the/ref-0-re; I, Kathy Keolker, Mayor of the City of Renton, do hereby proclaim July 2007 to be Park (Mi th Zece to-w Mo in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 9th day of July, 2007. 'Kia-ti &eke-A__ st:k.t+ Kathy Ke l er €0 Mayor of the City of Renton, Washington , 1n ,N'`€ 4; 1 KENTON 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523 %1 _ paper cep-tans 5 's,recycled mate;a, 30°a,post consumer n, (0. 0 LIBERTY ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS July 9, 2007 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Liberty Annexation area representing more than 10% of the area's $83,576,100 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on May 30, 2007. The 184.2-acre site is located in the City's Potential Annexation Area and is designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning, which allows up to six units per gross acre. It is likely *gfr the City will rezone it R-4, four units per net acre, consistent with the RLD land use designation if the Council authorizes circulation of a 60% Direct Petition to annex, applicants are successful in getting sufficient signatures, and Council decides to accept it. The annexation site is borders the City in its northwest corner near the intersection of 156th Avenue SE and SE 136th Street. Its western border is 154th Avenue SE and its eastern border is 164th Avenue SE, if extended and Liberty High School. Its northernmost border is SE 134th Street and its southernmost border is SE l44th Street. This annexation was part of the Preserve Our Plateau Annexation that failed at the polls last November. Residents were advised at that time that if the POP annexation failed, it was likely the area would subsequently annex incrementally into the City. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair ylow share of the City's existing indebtedness. N N_ 5 0 4. ^'c- I 1 lv, 41 n a€ J l.._ J[_. " NElth St11 ' , SE 128th a ,: �'[�� r Fire ,-----17-----MI ,f SE 128th St --- `>' -., _` b Station _ __ O �C 1 a o 1 �d,,f,Nf'l'-rd.--St I - j :: 1 7. ParkI li N� nd St�� NE 2nd St _ 2nd 1� SE 132nd St. I z I U w r` ----- _ L... SE 13Znd St'I El w �z1� '� l SE Ili 3nd St. ��a a v Briarwood 1 '.. a Q ° k5n ° SE 134th St " Elem = lapiewoo+ . [ �I • `� ____ c ---_.;L S 134th St 1 si' SE 2nd Pi Heights �T ' t � J SE 135th St_` --- `-~ _ . � j SE 136 LT t1111 I r Park Park r-- 'E 1137#h Pl. �� SE 136th J : Park �- x n ,,,, 77a Lit?er# -- f " . Park - 1[ SE i 8th Pl�� SE 138th Pl. - Line' v u L SE 139th PI: W Liberty ; 1 SE 139th P!. "—Rz —`—� — v �;' 2 :`S-E 1-39—th�PL ai H.S. s , �_ r-,:i i +j St T` �� ! '> .�vJ -c �I SE 140th PI.I: ..L- < 4. W `ni CN I� .2nd St ��'\` ' -` ._±.3. , ^ ir � Park —� N: ;; .tr I / ( ; _ 4 f ., 1. �'-^J JC �)=) (j ^��SS(i43rd P. I EL--„,51 I— (--- z ��� III 5E V'4! 144th AI n , r II SE. i45fh PI. -- ° t�f�\�� . -45th �I l \ I �� ( 'J nth pi ;�rF 145th St = — _ ., 211 ^ w ' I >\(— �j I Maywood j y1\ 1 �'I'451-14\--- 's` E ?4stPi P,r . 1' M.S. W 1 ------) ; Liberty Annexation o rood 2000 S, Vicinity 77 Proposed Annexation Area I ..---;,,••• Economic Development,Neighborhoods&Strategic Planning I : ( 1♦ Alm Econoetsch,Administrator City Limits [1,7, - 3002007 Urban Growth Boundary 1 12000 Nur° NNW „,.. „:„.„ .....,:...;,:-,:,•:1...„',,,, ;...' f..:„ . •, ,,‘Y''''''' ''(:.::':';:,...?,;,‘;S:':::k:.:„1-':;,'.',.‘,.,..'2.:!...tf,":::,•,.':'*,•.- . ',:•:. ,•,,,••. ••.iC,,,!'''.,,':--':',1••i:. '';'""''' " ''''''''.:• :'6.=,. ' ":',-- .','tt•;,-/ •;,:•,;r.1- •• ..•!:,... Ix,'• • "-i•'1: ':::1;:.; :,'•74?::',T,,W. ;:kr:.'tr: :i';:i'•'''';''O' - ' -..' 1:41fti•;:r. "'*'4!'i,', ''• "; ' It':'''•:•,.i. "•'1 • qr .'7 4k1;•,;;;'.....:7::::',4 :9&:,..::::•;• ..::.ik.•:•.,•••-•... 4.,,-t.,',:::i: wik!''...:;• 4 ' *F-":t. ,,, -„H ,'.,., 4,;,°';'•,,,, 41!":,,:',, ,,,;',...,, '..",.,":.,, X.,• A•''..•':. 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BensonHill Communities ,„, - ' g ac --- 24 '-.'., ''''',N,,.,,,,' ""7„,:etilt, .-, '•".- ' '• 7r..."4 ' •• 1 ,,,4'osk .--'5'N', ,,- .4"):71.1"1'A'•:,f.1‘....-. 4..'-''''';,,•• °A,-,-.4 'P„, - i ' 74.-.$,, -1,411**11 t' lL.' " 44,4,4,01.1 lt,.. -..14,- '4'4..; - • •;41•"'L'4 •..' • 1,*• tt*'•4*Itl::•Alliti • 1., .1‘. . S.k*,'4. -f 1',-4'I • 4,. .,, <-•,-,11'.,;„:".f": ..,,,„ '..`, ..k,0", .`,'„illItcle. * ' .*,*•s4;p;*'++,,,At .. * irettfi.i i tig4V S#1,',04* ' t*•-'**Lv,-41' , 11:'N'''''',,' '.7"ef,t. '--,1*,;-1,t.';`?,, '-'4, -t- :„... - 464.,,,,,,,,..A.,:t.,...., ,,,i, ..,,„,,,;,,,,,,,,....._ 7,,,,, f„.• 11/2.„.-. of it. ._„„41e-t,'74,„1„,,'-2-k.4.--00.4 0, ‘14-7..,„:,7%.:' 4,41,. .'..1 .).* -:::::, ..•,,,,t7,4'..;41111Lp,at. 1;ftri't _Tt ,; I '104-1'441 ., .•i''.:fl' ''''' "•50 ' 'ir-. A s': ''- i .. I -•-t.,, •• ,„'•.,'- , 1+0?' -, ",,,. t, Ir*,• '-.,. ii 1 ''''' ' ;4"t1.04•!"4;r."',.-,:-.4 1 .4"::\ ,,,4,1::.,`,4 ,t , '` -• Illik 1° . 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":;1:-*14.'',' ., -..%„: '-t('-1:;14.4,4.)44 -Irskti:,•;;' il. ,i-, t% 1 ' , -,-;‘.."-!' !..1.; Ano...t—BLZ:t„,r, .?'":!.!,,*.!).*, •,...7',y,,:),.t . ' - k-:::, 4..', ..5,.‘.,,,, ',,. ,s14- n ... .it, z-i.,,,:l.:,,,,...it. 1„;,".!..,..1. ) k".''.1,e#:,.t.4.,;•LV.,,,- ..'t - ;'_.:`,.:.'01.',Nt"''•.1g,..4:34.•!ii-'`:''';3'•''''' -'4'-x‘ -. 2 , ,v , An r nexation ' Liberty, ....'-' erlal As soar vale •,.� 7 4@ ' 'Itis• A N r # 41 . t n , on .1tions• 4" ;•.4Wb .enton;'S potential• .. !,';'' • ' Area ikyli 14,eItion top!� 541"•Ave SE, west of Liberty ,�ii. • `hSchoox�Q•brth of SE 1441•St and south of SE ii . 34ttSf'ee t,•t,; .. r ? , tet ' .• ' ' -± 18 .2 acres,'including abutting street • � N:lam 9% * 4 ` � ltWe� art S • . jJsps +� °j single fainly detachedg • { • '�undacs- annexation site abuts Renton on its t�` 0.o ,near SE 136 ' St and SE �• -< ' Q:C•lwetera-bouicl , �4 4 qii 40. .. �4 y „ ? .34 •: ' „ eye ' - • . rs 4 stiozdttions -vicinity- x ? . ; • tr 3 Park I Brfarwoad s;" ,� „;'&,:::14., 1, a< L-...._ -__ Hem tea• •r • 4 tip.--. ' .. tee .'C �< `ark .. �\ ... if , , .F?, •• r _Sy,, }” z ,,, Park V;z:77'i,... It ' ti. -11....: ' '',, ' ''.', ..,.::, - Akw . f .,4:4£:4`". may.. ax" ' • ,. , 3 „.„,„,,,,...,,.., ,, , , . St Crrr� � S ':::,&':,,, Ci ,`Elsng Conditionis -arx � -„EpeF _' + ` ty,; s >, ✓1 ew'Sulx visio LS ,.0 14o est 94 YAM )'5 q (y.n ' u 1l tc vended ,(73`duN ._i '' o �” _ _ HanuIton` (23-du} I J , ,- ,E,.4_ ,�. �I . �I I -” a{ i' , 5 3t( . t -ice�"�-', i .s•.E-E ?�$ C ) rivill% Li e .x.:` ,> 5 ° e N.S. -1)1„Ci €nsan 5"du} - P1 C (38 du} -opr1;" 0. . :., Park .,,", 'r s 'j a� 57�p`�1.f1 1'.�Y"`t_racap�ri'p r.0,' i;-{"j' x .:,, 2,11...7 8 � i '7c.>gc§C`agTtl�C3€qIQ °-td '� �' ;_.; y 3 �k; ,, (yam ,. n H roe i �s�V(.144t� Ntl�a 46n � a A;Co' 1:P E '3'E Ws _._, u,:' « it 4411in '' ff Structures Map oe7` y� • �a °_. „ a � ``Y o� $I' ,p"tU7,' `��t�t`� \` .?�kr CC'4sta c. - k,=4. .,',,,,I.,,, L. v rye.<„F,k' 45, .-",,,-.4.i ! p_q"� a's t b � is. » ' ' l� _ 3'• is p ,, ' .: --.-- ' L —A '' ' "App, '"" -,,,of.-',. ;rya ; 'wr'^ . �`4:a. mss s;✓. ' si <4;ith' 41 ° � ��,�venue SE and 142nd erect t E3 W 4 141011, fi �' ,g'4' ) 5"!+ 1. ,. ,,�Y"".'Ei4`g.,�.w• °i r. c E .•, 44,; rV1 Ei, + `.. . • 4.4 °u��e `Slope .. rr ,_..-4 r r t �" 11 • e� '•:•i'"i''' 4{ .. ! —t:$• :i ..-.12':= I ,, fir ; Y . w':" th:gE;p N til «._.. ...= , { • til yF• !t �` !/- 1 Jr- i--I - E • ,rr „a...r ,,apl„y 11' ap- ,, _ E F .. 7f1K testi ° onditions, Environlmental „„,A N d9t'o' -:.:::' .•-•.•••`...: :-7;'<?t.Z:,...' •. 4.4 graph ,`relatively , W41 ,+,4!4%Slope, frvn xyvest t©easy} 3 , ro •: L 'Ravine traverses ; °' western half of y ft i t�©rrter 1;84 cre ;Viewl of ng north east along SE I ` Place shoving modest slope 5 time . ,,, .,,,.....:, .. -. , ,„ . .:.:_„,._.., A.,, . . 1 ...:Y.1...,:-.*.:i:.• '...).:::':•:- ''''.::..... •••••. ••••,' : :••••• :.1 :- ii,.i**JH „ ,•.........../\_ 7, , `Ewe ' ' -\• R t H h ' x a.. (•. .4 ".. '..Vi , Zk.' r;` ,„ '.FAY '�,��s"<4�iY�)K'•..Y',s.�K:wan tew�loakangleasta.Iang SF 138th Street at new housing in ' vendeli" " ' v 4,Y4 f',,; ate :•-� :f Existing nd Pions - Public Services `g, J Within Fire District 2S :> --1[7--- � -- —� (changes te;City lire service) '', :-., ,{ .."'i.**`',''Utilities-:,,,-,.. ... '. x ,/" tthin Water:District 90 • ; s *Service Areas(no change) x Within Renton Sewer ,: „ arc ' ''Utility.Service Area{no Change)" " " ° � ���: Within entnri"and Issaquah Alk.. r., t `k F,`School.Districts(nn.change),; °P � . 6 ;King ,CountyComp Plan :D :gnatio ., a Curr Zoning LL,,,,,,,, .yr,„...,..r_,1:4„..,,,, ,• 1 1 : Ur1an R.esdental 4=ldu/ac r � r, �, '`^" , . " s ;i .° I K..CrZ©nt : „0,..,,,,f,,,,"' , = $ , R;4 Residental•4 dulac � � s{ ' z ! ..^�'"y i k ems''^'• - '44l• \"r' la t )3 a:s: yr q Renton C .p Plan Designation x:: �a d- roposed Zoning _ r t , Vs :;°, ,4 ' { se lama {. (1. "'114 t Re,:'•' Cant. Plan Land. -/'+ __ %;mat ” _,P %I _,__r(�. - i. _ ' rviL^ � I _ • Ue map ResidentialL. r ,sh F 1 IC- 1, Low Density »i i m i. �klt tpp� 4 1 111QnC z. r ,,I. —< r.:,..3.,,4,,.- H.S. u.= I •ri:"?;; �:: ,`,'. 1. ''"i Park Likely>Renton Zc xiing �w,d St _ • ,. a '>� ea,,,�k "4 '•—` ; 4a4t' 4 -' ..._,_�... '..._...WL:. _.._,I -_� ,. s �w4, .a'''''. 2,'j..-,.s.SITE A-.? ` ,�� `�^, `'�!# t+ �d �"a'`afI1.21'�1 SC 14,;;5,11_ St • ' �"�`�"`�` � ss eta '• Si' �(.".`— f":f . . %�� ,,, Lenton Comp Plan Land Use �° 7 Re at;nit ; Annexation policies • .PolicyT- i .Encourage"annexation where the � ailbicfarastrueture'and services allow for ', y Atli& r lvp . nt of`urban densis es. Policy LTi 37{* Highest priority areas for annexation .,, ; •,z•k elude 1a1s that are available for urbanization under cauuty zoning and developed areas where Renton i ably to provide basic urban services and ' local governance,+ ,,. l;yy * Pol•icy LT-41 1 omate"annexations• of developed reas,wltharesidetia,population already using pity services,or impacting City infrastructure. .,---..--,..„..,„;.?...q.2.4,;.„'„,...,„„:: ;,.!„.„:„. , kl .e•levant ounr a Review .Board. 3b;Objectives. . ° To changePreservatton •ofnatural"and .eighborhoods co miunita:e , g=. T e.ofphy is l✓ound i.es Uses"City and parcel areata©n art.--,,,w,--aservatios of Seaiv`tce area boundaries log cal service areas ;, previously agreed to byu districts �e en aaa,off'abnoaracriall C bound is interim •yY � 'arboundes pending other annexations r, n ,, i � x,',^^ar..;.. '.wi�City's PAA • 8 • • NNW • .elev nt.Boundary• Review 5 Board• .Objectives 3issnutioiaof ate Not applicable. There .,,,,,..,.,...,.,,.4t.,„,,,,,„,,,,,,,,,..,:,,,,,,,'" p se districts' ' ' • are zoo inactive special �.. , w purpose districts Adlu t.©fimpractical '' 'Boundanes are interim, b undari+es f City policy is to annex •, , , '.4,; gb,A all of its PAA ..Corp©radon as c ties or vexation site is in towns or annexations to ' :, ,ity's designated PAA clies;or:townsFof '''` ' and'as such is urban in unncorporatd area which chaaracter are' rba n c�ctear 3a+pzs =:;g, ' misC4al Impact. Analysis • q,t ever l'Fund cost and irevenue =W.,tnpltcahans .. 'k '#i• :i: i . '.; urines potential of+268 single-family 7Fdomes,at dull development ' , Assume new,,assessed borne value of �' 5po,00q ,,. y h, °;Assulnos 21 l 'single family detached „, . ,.„,!..,..„4„.„.,,,,..,,,.:. ., , • •••••.......l• . R,Ti dwellings currently can site :' „b' •A.,, ,yyY zni ` . ... . :, S,. ,•::i::., ., „,,„,,,,„ ...,.....,,,„„„,,„,:,:, . -: ,. ,•401.-„,,.., ,, ,,,,,,,.,...c.„;„.... .,:,,...,,,:: „„„ 9 -;','''','' ''""-Y'':',..'.'11';':, :i,',.ii..:,.., :,....4,.,;,,,41:,...,,,,•'::,,,,, '''''''',','"",.'-1':'.'"'''''''','::',:. '-.:: :, : ,.,: ''.. '7'.3.Vft''''''''',...„,.,..,"1',-.,1::::;:', .-.‘-,..iii•!.N.t.-;',,r..41:4; ',`,,,,f- '-'.:.`.'.•-!' ' ; Tt:. i.L ,4Inact Analysis • • • •-•,,„:„,,,-„,„:,,,,„,,,:„,,,,,„.„,„,,,„.,„,,,i,,,,z„.„,,,, ,. .,-,:::: :,:::: :: ::::: : „,„,,,,,,,,,,,,,,,,,,„.e:,„,,„,, ,",:::: ,,• -, • • - . ' "„, ,, ,.„„„„:„:::•„„,„„,„„:„„:„,,,,„„,„.„,„,„,,,,,::::,,,,, „.„,,,•:,:, :, „ • . .''''..,',':,!:i:;...,,41i4'..."4,,',.',vd'''',41k *,',", ),i'V4';,:''<••'i''''.'''n't';'1:!' ', ','''.. .... ,: , : :: „ „ ‘...•,,...-‘,,t,,,i1.,,, ,,,,.,:l! ,,:,,',,`,','",:',.•;,:: :,..,P:,'''', ...;%:,':',i';,£<' ,.,,:1 ' ' ' , ' ''.."''',',',:i',134:11N4 ;:i[:: :!:',.,,k,r;','W.':'"Z:,'r.,'"'• , 1 , b••••. i • 4''[...,N,,4'...L',it,',:.,;,::,'::::„,..„ :; ' : , .'''• ,....... • „ Eittifiatabut4itte parks development cost of$230,260 .-- r--:-7, :.,,, • ' ":: :::..,: ',0:, ,,,,!,, • i, ::,,..:....',.. .;.::c -,.•, : ,. ,' '''''''.!':::':',' Conclusion :,:,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. . , • , , , ,„ ..:., 4' Be,:st interests mid general welfare of City served . .., Furthers City Goals by ensuring higher quality deVelePirientand,the efficient provision of urban services 4,::::i',..t.,,:,:,..„,,:. .., . .• GenerallyCon,,,,,,...,.•,..,: sistent with City annexation policies , ,..... ...•• • .„..,,..,„ . .'r:::,::.f,....':,, ,-,-"-• ' •,,:,-,,,,,..,,,,,,..,..!,.., • - Generally consistent with Boundary Review Board ' .,• . .-,-; e.,•;,;-3' ' ,"•'.:" . .. objectives ,''',:'“'•,:::`•• ',''''k•' ',N,':.t.li:',:',',',.,,":•''. 'z .•$priali:curtent'annual revenue surplus would increase at ttiii:development in an estimated 19 years . ..!,:.:' .:. ,,,' • Ourface stet indicates some potential flooding in area- •.•'.,,,.., ,,:-:,..:,:.;•,',.: suggestfry ,. „ninAgation with future development using the giiifee,Water Design Manual,Level 2 ..: ..: .,,,,,,,,,,.,:,....,..-.., ....-- • .•.:-,....•,z,.... ..40...:,.=f.,..:::.',..„ „ . • , ",,, :: .: . : ':.:::". .-0.,,,:rog.,,,,,,,,,;.. ..;,.•.,:. , ,,,.....,,,::::, ,7, , ... — . ..Excepti for parks no'other major service issues identified '-',',,, ,,',,g•l:', ,,,.u,,.......„,....„.,...":';'fkei'Vixl.i:.,.1,,'.': • ''''''‘'''''''.. °...,:,i,: : - ';,,,,,:!.,.'1. ,!,y..4.!M,0,,‘„,„,,,,4:,,,,,.:, , ' ,•,,,7,,,::[,, ,-...:,,..... , ' '"" !, ! - i 10 `„ *MO Y Y f$, a .a. •.., .. .i . , , i. : `he"Adm ni ration'recommends that r. • crept t' . 'u N6tic'°c f Intent 1- n for the Ss,e-: iT:Y s,, I . . Authorize.circulation of a b4%o Direct Petition to ' Signeirs!,7...v.. . , utur zon in consistent with the City's ;°•Comprehensive.Plan fond use designation for area, and w«- 'i:. = _:_ Signers support property owners within the annexation area;assuiiu i, their proportional share($5,225 in 2007) of the City's exist g outstanding bonded indebtedness. i ° '1'.:,' xra c , Pe i.` M.„ : ry • ,3as; . W..r ��! .c. •3i8 • R . . `N s y 4 mrogig:;;itiv F k re.e�phx zC....:. E sj, H, x J 11 ... 'Now • Niue. . .,..,.,, ',,,,,,',..,',,,,•• ' ' .','.''';''''',,''',:',',..:','',.',,- ' ''''-;:-..,:::,-.::,..::,,,,.,,:;;,,,,,,,,,•. '.,,,,,',-,,' Highlands Estates . •,.., -.,-, - : „ ,.., . • .. , ,-7. ..... ‘ , ' 8 .-. cres in slz , ..- .. ,...,--.,.-, 4 -4 --,- - ''''''.'",- sewer from, - --'--. 0,‘,Receives s.!yit --.. .,--.-- genton ..,..„ ...,.. .,...., ' ' '!* .!ton, c Within Ren - .. District , ,-A-miexation --,,,,_ ,,,,,,,,-- - • t:,-., ;;•,-......,‘-., ..-:.-.;. 0 'If Liberty, `-...--t---.,„.- „,-.•-•,..---, ,„ t.-- - 4,1 - ,, -,,,2,.- i -siteeesst11-1,*--,,,. - - ' 500:6'01.1).piilidaYwould -. • - - -, „ abut City limitss ... ,_,•__,___. H ) , - I I lt,„., H ! !! C- --x---- •!' 1 ''' ------ — „ i .3/!L.!, ,•_,.....,___,L_,_ 1 •;* ). — :E‘,1 s,:- 135-J, I. .,,1-. , • , • . . __......, ...__._....--SE--2.1)i)--4;''''—}!..,. ,:,,,,,•,:,,,,t- . -—7--\`‘' 1{.. I ! Park Park 1.4.%......! L II 140 -5-, ! Ft I '' 1 ti';Ir I i-i I 1 -Q ''--'-' -- ,1 - -- `-I, '''-'1. 9! 11 --,..i' , , <-,.' , i 1, I b L 21_s!;.-'' ' ,A2nc. .,_1 ?,,:/ tr- 11, r• ••::::------" .- '.t 'i 2 I -,--.21 .,.,......„..,it cac.-.;!„,;:;- 2••••'• !_fE2...1- ;,!_!".41_!!!_.,..!>!..,..„!11-::::':!-----::!! .,i-'2 ,,, rs,„,, ,-,! ! , !./;//t! --!!! !. !!':)--L!!):-L!---*!-L"j!!!\ !1[.::.\__.?,!c!.-_-'!.‘\!A_\\`!ij,\L4...4!!1_'.3_1.1:=_ ___,____!!!_____i_,!! ' • \\ C` --! !' ,I ! '1l/ ;:!6!!!-611- P1j 1200:), \\ ! !...!! -'...!-- i- ''!::)1'!-I----!j--=::.- 1 j(2.SE/C)- : r, ‘* \ \\' .. 0 ft, • . • r Highland Estates : Liberty Annexation 6- r:‘) Highlands Estates ‘...,,,.,,...... Annexation Boundary 7200 I„,,,,,,....,,,.d.hmn, ,,,d,,,-,, r.,I 1 a_dary ,..,,,, 12 NeiNe . sal Inact Analysis t. I i riotE. ,,,„0 •.• • , : , ,, ,,,,.,....:14:,, ,i:„,,,.,: ,:„:„ ,, , :::,,.....,..... . . • :,,, ,$,..„, Estimated o parks development coast of$287,279 • e m�enc anon mnation rec©nmendsthat Council:..,:,..,,,,,,,,,...4...,. TAiis4e d Acceptrthe...10%Notice 4f Intent Petiti©n for the berty, �nnexati ori • ,_ endle annexation boundaries to include the _ad;acent 8E7 acre Highlands Estates'subdivisi©n, �Fr -„..,!:4s.Aut ori i circulation af'ay60%Direct Petiti©n to f Ap iex specif ng that: = =:-Sign support uture:zoning consistent"with the City's Comprehensive Plan land use designation for area, and Signers;support property owners within the annexation area 4:.:..•,...„..:.,-,4,..,.,:, assunun their proportional share($6,861 in 2007}of the City's existi g outstanding bonded indebtedness. Y ' 13 'woof NW' '',''''' ,,,•,,,=...:,,,-, ,•, ,,,',..',.;',',1,...,,,"-.•', :"„ ,•„;;,e'.;.,-. , ,,,,..,.,,, ,' ' , •-.• 1.:,,f4.1'),''' ' •;-;:'•• >,, ', • -'1=','K','•f 1.-**-***-"4. ...,..;•,.:,•,,,.', '4:;.;;,:i..;',".",..,•'-' ..•'.‘,'......,'.. ,,,Y>:''',t4'w,, *1-4''',1',•..`' ';',,i4.1",''',i'•••''' ''', ''''• „;>,,. ,,e,444-'' , • ,. ,l'.', i31‘,',4 , 4,4.••..;-7.4 , . , = let,41'• ''''1,,,,.? t,';'5''':,,At4:,'„•' „ ' .",: -." ''••„ •',.'::'-•ci ,.4 • ..,:.,:''';,' ','f4,.‘'.1:71'*,*.;***•' '''':::**'''.,'''' ':iiki jik''2:'''''''' 4' ,J1.1'14*,,O, .... :.'..2.:=.= -:•=:‘"•10# '3''='•''i=.'" ''''-, •:. ,:,= .;,,,:',..,=:=-• • .. ';- t?..'''"i•'=;;;.,`" .,= , „.,,..„;......y....„..!,..,..•,, „, , ,, 41t,7,,,,,,- -„f=1":";',=.044,.,,,... '' ,:•O'k.: i-"e=•'"''.*- .,,,• ..•'. =';'a,,'•".'1. 2-.4". .',1'•" i :,'":',,; :;;‘, '74** .,'..-.6'1,,, . ;43' ''', „Oh '.7.3'4 i;' "*','=" •'''5* ''' • "":' .44fp,,,,..,,,',..,,,,..1:,, A :.:.:„.,. • ,.=. ,--=' "".„...7:=.f- • , . „ 14 From: Citizens to Council To: Alexander Pietsch; Bonnie Walton; Marty Wine Date: 7/9/2007 5:22 PM Subject: Fwd: Comment Submission: Proposed Liberty Annexation CC: Jay Covington; Michele Neumann For tonight's Public Meeting Julia Ptge COY" ICCr1APUCt 79- 1 ' ' 7 From: "Gwendolyn High" <gwendolynhigh@hotmail.com> To: <Council@ci.renton.wa.us> Date: 7/9/2007 12:30:23 PM Subject: Comment Submission: Proposed Liberty Annexation Dear Madam Mayor and Renton City Council Members, I write today as a resident homeowner within the proposed boundary for the Liberty Annexation. During the recent POPA annexation effort, the staff recommendation, adopted by both the administration and the council, indicated that the current share of outstanding bonded indebtedness was very small, and subsequently, accepting a share of that bonded indebtedness was not required. The current level of bonded indebtedness is now even smaller, and relavent circumstances have not changed substantially, so I request that the citizens to be affected by this proposed annexation should also be excused from being required to accept a share of the currentbonded indebtedness. Thank you for your time and consideration, Gwendolyn High l3y05-u5r14 ,Icue SE "geitfon, putt 9r0 ".9 http://im.live.com/messenger/im/home/?source=hmtextlinkjuly07 i 415 A vi i Donald Erickson - Annexation ememuii.`.i eammi ° - . .a alb'vignmatLIaramauR:.-.+_.,. ' a nsa ... .,-.. :sr�`�i..�`.'.�{Lus..',�,'�".'"'�'�.UdAF. .a.�.? '•.�,' '' !»'�:'�`h�i`.,�...:."�"�.3u�a.v.S�v-.:�,. "'ao�;m'�w.ur._e,-�w... ....,s.�-._ _ .� - � .�... '�'�....::J...:? t.,e--.s_�:::r-k'`''wICC.Fix'F�i.'v�v-:a� ., �x:evx:"�tl -q_�''.',��:::� @9 �O 7 From: "Alice Chung and Michael Tena" <chungtena@gmail.com> Atbi/G //C9 To: <derickson@ci.renton.wa.us> Date: 07/09/2007 11:44 AM 1 1 Chr7 Subject: Annexation Hello. Just a quick note to express our household's strong interest in being part of the proposed Liberty annexation. We live in the Harbour Homes development, Highland Estates. Thanks. Michael Tena and Alice Chung 15308 SE 136th Ln Renton, WA 98059 (425) 277-0878 PS: Would we have to change our street addresses if our neighborhood were to be annexed? file://C:\Documents and Settings\derickson\Local Settings\Temp\GW}00001.HTM 07/09/2007 111 a. T Vl V1 u.1111Vl1111.1V 11 1.V1 11 51111111U LOU L1.1LVU 1 1125, 1 V1 5 Donald Erickson - in favor of annexation for Highland Estates - :nmancont ".'tb".5`:"M:kmmeaF�.='ti' W`L" ._'.�y':'Ek'k,ex!rnzvi"uC L:;':WORM.,ITAIH'.i'.MWM,nUM;ro_"'_`'.-vv'.' ".:VMMTM"s>".,Mi`1::::A c'P.+'.'.r .m.."W"ry MMI.,'e,"5 AY.'MEM' :°_'s"a5' 'Fn`.S&I .z � IL7 From: "Metra, Annaliza" <Annaliza.Metra@T-Mobile.com> n �j To: <derickson@ci.renton.wa.us> pi/col& i rytt_4✓ Date: 07/09/2007 8:46 AM / / / , Subject: in favor of annexation for Highland Estates Hi, I just saw my mail regarding the Liberty Annexation last Friday. I wonder if this email is enough to vote that I am in favor of adding Highland Estates in the annexation being one of the residents there. I saw an email from my Homeowners Association asking us to vote "yes" if we are in favor. Thanks, Annaliza Metra-Cruz 13602 153rd PL SE Renton, WA 98059 Lot 41, Highland Estates. file://C:\Documents and Settings\derickson\Local Settings\Temp\GW}00001.HTM 07/09/2007 Donald Erickson - Liberty Annexation 7/'/9x7 From: "SCOTT HIGGINBOTHAM" <scottwenz@msn.com> � �/ To: <derickson@ci.renton.wa.us> /C gi-tW1,1 Date: 07/09/2007 6:24 AM I Subject: Liberty Annexation Dear Donald, We just received your letter about the possibility of Highland Estates being included in the Liberty Annexation. We are unable to attend the meeting, but wanted to let you know that we SUPPORT the proposal ! Sincerely, Scott and Wendi Higginbotham 13727-153rd PL SE Renton, WA 98059 file://C:\Documents and Settings\derickson\Local Settings\Temp\GW}00001.HTM 07/09/2007 Page 1 of 1 Donald Erickson - Liberty Annexation EVIONMES_gaX.MPxvdMOaOWNsR_ENuaMru ,MS '4Itta ,aM_r>:.yMy �� ". , fns UC �'0 n ��lw v� m 4i /? 07 rc..,.�� fx32nLG .':!e4:£'aLM 1 From: "Santhosh Pillai" <santhoshcs@hotmail.com> To: <derickson@ci.renton.wa.us> PM:-b i(- we-um 9 Date: 07/08/2007 9:01 PM VA1(2,0/ Subject: Liberty Annexation Hello Mr. Erickson, My name is Santhosh Pillai, and my wife Divya Aiyyappan and I live in Highland Estates lot #42 at 15315 SE 136th LN Renton WA. We received a letter from you that mentioned about the public meeting on liberty annexation. • We would like the property to be annexed to Renton. Please consider this as writing to city council expressing our willingness and please consider including Highland Estates subdivision in the Liberty Annexation area. I can be reached at 425 761 3057 should you have any questions. Thanks and regards, Santhosh Pillai 15315 5E )31001 Lae' /@ n Nv/F 9019Ig file://C:\Documents and Settings\derickson\Local Settings\Temp\GW}00001.HTM 07/09/2007 LI-betty /n ti e v c l/ ' Pabiic filed 179 emille47 7-Y-01001 Good Evening. My name is Claudia Donnelly. I reside at 10415 — 147`" Avenue SE, Renton. I am here tonight as president of the East Renton Plateau Community Council. Last fall, my group gave residents of the East Renton Plateau information about the City of Renton — like the 6 or more percent utility tax; having to change their address; not being allowed to replace large animals when theirs died; the fact that Renton doesn't 5° 1" 4-6 make developers put in parks within City developments, no fireworks; allowing clear ,4,/,, 14''45 cutting; easier development standards versus KC standards, etc.' The City decided NOT l44 .t�„ to put on the February 6"' ballot a measure that would have allowed residents to vote on P assuming Renton's debt because you did not want to "confuse them". AtFebruary 6, "`� 2007 election, 1,017 or 60.97 percent of the residents voted NO on the annexation issue. At the City Council meeting following the election, I heard Council Members say they didn't want "anything more to do with the East Renton Plateau Area". On June 25th, 2007, the City Council accepted a 10% petition from developers who want to join Renton. Evidentially the developers didn't get the message that voters gave to the city and King County. Here we are again. I have read the position paper and note some interesting facts I would like to bring to your attention. The first item says: "The current annexation is based on the use of covenants to annex that were entered into by property owners in exchange for Renton sewer over the last few years. As a result of four new subdivisions that have covenants to annex, approximately 62% of the area's assessed valuation is already assured". Our group asked Mr. Pietsch about those covenants prior to the election. He couldn't give us an answer. When I saw this attempt, I again asked him. He said: "The 60% petition method of annexation, under which the Liberty Annexation is proceeding, requires that property owners representing at least 60% of the property value in the annexation area sign a petition to annex. While much of the property in this area has covenants that require support of annexation, it will still be dependent on those property owners to sign the petition. If 60% or more sign, the annexation will occur. If they don't, it won't. Last but not least is one of the recommendations made to you. It says: " Require that property owners within the proposed annexation area assume a proportional share of the City's outstanding voted indebtedness and accept zoning consistent with the Comprehensive Plan." For the election, residents didn't have to vote or worry about assuming Renton's indebtedness. Now they do. Isn't that a "flip-flop"on your part? When I spoke to Don Erickson about this, he said that sometimes you don't accept their recommendations. Will this be one of those times? Thank you. APPROVED BY CIT'COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date 7-9- 2007 '- COMMITTEE REPORT July 9, 2007 Seahawks' Headquarters and Training Facility Site Plan Appeal LUA—06-073, SA-H, SA-M, SM, ECF (Referred July 2, 2007) This appeal deals with a minor modification of the permitted height of the Seahawks' Training Facility. The height is less than that permitted in the zone. The height reviewed and approved by the environmental review committee (ERC)was 120 feet, less than the height after the minor modification of 115 feet. Minor modifications are controlled by City Code Section 4-9-200I. The Hearing Examiner found that all of the elements of that Code section had been met. The Hearing Examiner originally approved the site plan with an elevation of 111 feet for the training facility. On appeal, the Examiner conditioned the minor modification on the planting of between 12 and 24 trees of a reasonable specimen size at maturity. The Committee recommends that the City Council affirm the decision of the Hearing Examiner with respect to the granting of the Minor Modification,but insofar as the additional conditions imposed by the Hearing Examiner, the Committee recommends that the City Council find that the Examiner made errors of fact and law by conditioning the minor modification on the planting of trees. To that end, the Committee recommends that the Examiner's decision be affirmed as to the Minor Modification but modified by adding three findings of fact. 11. Increasing the building's height to a full 115 feet would only create a three (3%) percent increase. At 113 feet, the likely end result, the overall site massing would only increase by one and a half(1 '/2%)percent. The change in elevation would be unnoticeable from the appellant's home, which is 3/4's of a mile away on Mercer Island. 12. Requiring the Applicants to plant evergreen trees along the lakeshore façade of the building would be nearly impossible in that there are emergency fire access lanes along that area. Furthermore, there are structural and utility-based issues which would need to be completely overhauled and re-assessed in order to comply with this condition. 13. The Seahawks moved the facility back from the shoreline to preserve the view from the Misty Cove condominiums. The planting of trees shoreward of the facility would do much greater harm to the adjacent view of the Misty Cove residents than it would benefit Mercer Island residents. The Committee further recommends that conclusions 5, 6 and 7 be stricken and replaced with the following conclusions and the Decision be modified to grant the minor modification without condition. 5. However, since the change in elevation would be indistinguishable from appellants' property, and otherwise meets all the requisite criteria of RMC 4-9- 200I, there is no basis to condition the minor modification. 6. Because the ERC did not condition the project when it was greater in elevation than the current elevation with the minor modification and the Examiner did not condition the original site plan approval, there appears to be no authority to impose conditions on this minor modification. \Atm,/ Terri Briere, Chair Clawson,Vice Chair /MtAtt-ti' Marcie Palmer,Member C: Neil Watts Jennifer Henning Frcd Wetu4 iar Lavey Warru, Ale), Picas i &rcI5 Zimvner'nan Seahawks' HQ&Training Facility Site Plan Appeal Page 2 AFTROVED BY --. PLANNING & DEVELOPMENT COMMITTEE Cum COUNCIL COMMITTEE REPORT Dat® 7-9-A007 July 9, 2007 Appeal by Harvest Partners Regarding The Landing Site Plan File No. LUA-06-071, SA-A (Referred July 2, 2007) The Planning and Development Committee (the "Committee") met on July 5, 2007 to consider the appeal brought by the Applicant, Harvest Partners of the Decision of the Hearing Examiner dated May 22, 2007. This matter stems from an appeal by Brad Nicholson and ASE (Appellants) of the Site Plan Approval for The Landing. The Hearing Examiner heard the appeal and rendered a Decision on May 22, 2007. The Hearing Examiner's Decision affirmed the Development Services Director's approval of the Site Plan for The Landing project in most respects but reversed the Director's approval of certain specific elements in The Landing Site Plan. The City of Renton filed a Request for Clarification. On June 5, 2007, Appellants and Harvest Partners filed separate Requests to Reconsider with the Hearing Examiner. On June 6, 2007, consistent with a Settlement between Appellants and Harvest Partners, Appellants, through their attorney, withdrew Appellant's Request for Reconsideration and they notified the Hearing Examiner that they did not oppose the Request for Reconsideration submitted by Harvest Partners. Thereafter, the Hearing Examiner, on June 12, 2007, issued his Reconsideration and his Clarification. In his Reconsideration, the Hearing Examiner upheld his earlier Decision,which had denied several modifications previously granted by Director Neil Watts. In addition to the oral presentations at the committee meeting, the Committee reviewed the file, including the Hearing Examiner's Decisions,the letter submitted by the Hearing Examiner dated July 3, 2007, the motions and briefs therein, as well as the written submissions by the parties to the Committee. The Committee also reviewed Appellants' Withdrawal of their Request for Reconsideration and their statement of support for Applicant Harvest Partners' Request for Reconsideration, filed pursuant to the Settlement agreement reached by the parties. Finally, the Committee considered the submission by Peter Buck, attorney for Appellants, dated June 27, 2007, which made it clear that the Settlement by the parties was intended to be a resolution of all appeals, including the Site Plan appeal. The documentation submitted to the Hearing Examiner was not as clear as Mr. Buck's correspondence of June 27, 2007. Page 1 of 2 ,1111016. In light of the evidence, the Committee finds that the Decision of May 22, 2007 was not a final order. Further, the Committee finds that the Hearing Examiner did not understand and could not have understood the breadth of the Settlement entered into by the parties. The Committee finds the Hearing Examiner no longer had a case or controversy before him. At that point the appeal was moot. The Committee finds itself in the same situation. The Committee recommends that the City Council vacate the Decisions of the Hearing Examiner, dated May 22, 2007, and June 12, 2007, and DISMISS the appeals related to the Site Plan Approval. Ten-i Briere, Chair AI re Dan Clawson,Vice air 2/4442_, la.,&(2x." Marcie Palmer,Member C: Larry Warren Alex Pietsch Neil Watts Jennifer Henning Fred kau.-cma" ares 2iMM.erMar Page 2 of 2 C.)ti`SY O� ADMINISTRATIVE, JUDICIAL, AND ka ® + LEGAL SERVICES DEPARTMENT • T off M E M O R A N D U M DATE: July 9, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • The Coulon Family Concert Series features Stay Tuned on July 11th at 7:00 p.m. at Gene Coulon Memorial Beach Park. Formed in 2002, Stay Tuned began playing with a focus on producing original acoustic music. Their music spans a variety of genres and consists of bluegrass instrumentation (banjo, bass, guitar, mandolin, and vocals). For more information, call 425-430- 6700 or visit rentonwa.gov. • Picnic Pizzazz, a Kid's Entertainment Series, kicks off July 12th with Castro the Magician. Bring your picnic lunch and join us for free, fun-filled entertainment at Kiwanis Park (815 Union Avenue NE) on Thursdays from 12:00 to1:00 p.m. For a complete schedule of performances, call 425-430- 6700 or visit rentonk\a.gov. • At Summer Splash-tacular, an array of water games, contests, safety presentations, and lifeguard demonstrations will provide fun, information, and entertainment at the Henry Moses Aquatic Center on July 14th from 9:30 toll:00 a.m. All ages are welcome, but water games and contests will be most appropriate for families with children ages 7 to 12. Bring a swimsuit and a smile! For more information, call the Renton Community Center at 425-430-6700 or visit rentomwa.gov. • Residents are invited to help shape the future of the Renton Public Library by completing a questionnaire about library services. The survey is available online at http://library.rentonwa.gov. A print version will also be available at the Downtown and Highlands Libraries, the Renton and Highlands Community Centers, and the Senior Activity Center. The deadline for completing the questionnaire is July 21st. The survey is part of the City of Renton's Library Master Plan process. For more information please visit our website or call Bette Anderson, Library Director, at 425-430- 6610. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The Maureen Highlands Homeowners' Association will hold a kickoff neighborhood picnic this Wednesday, July 11th, from 5:30 to 8:00 p.m. at Shadow Avenue NE and NE 6th Street. The neighborhood is located off the NE 4th Street corridor in the Highlands. Residents are encouraged to bring their favorite potluck dish and attend their designated picnic to get to know their immediate and surrounding neighbors and meet City representatives. Administrative Report July 9,2007 Page 2 PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • Burlington Northern Sante Fe Railroad opened construction bids for four railroad bridge replacement projects in Renton: the Cedar River Bridge, the Rainier Avenue Bridge, the Shattuck Avenue Bridge, and the Hardie Avenue Bridge. The first project Rainier Avenue Bridge—will begin August 11th. As a result, Rainier Avenue will be closed August 11th through August 15th between South 3rd Street and South 7th Street. For further road closure and detour information, visit rentonwa.gov or call Derek Akesson at 425-430-7243 or Chris Barnes at 425-430-7220. CITY OF RENTON COUNCIL AGENDA BILL Al#: ` ., L Submitting Data: Community Services For Agenda of: July 9, 2007 Dept/Div/Board. Facilities Staff Contact Peter Renner, Facilities Director, Ext. 6605 Agenda Status Consent X Subject: Public Hearing.. Approval of Work Authorization with Gensler and Coffman Correspondence Engineering for a Tier 2 Seismic Evaluation of the 200 Mill Ordinance Building. Resolution Old Business Exhibits: New Business Issue Paper with attachments. Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Risk Management X Fiscal Impact: Expenditure Required... $65,550.00 Transfer/Amendment Spent to date ... $14,360.00 Revenue Generated Total Project Budget $125,000.00 City Share Total Project SUMMARY OF ACTION: A preliminary building evaluation by Gensler/Coffman Engineering has been concluded. This evaluation included a Tier 1 Seismic Evaluation. The Tier 2 evaluation will provide for a much more detailed engineering analysis providing a basis for suggested modifications to the building to bring it to current standards for its intended occupancy. STAFF RECOMMENDATION: Approve the expenditure of$65,550 for a Work Authorization with Gensler/Coffman and the associated expense of geotechnical evaluation, and authorize the Mayor and City Clerk to sign the Work Authorization. Funds are available from the 316 Fund, Major Maintenance Leased Facilities. Rentonnet/agnbill/ bh fY ti0 Us COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: July 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Maylair FROM: Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, X6605 SUBJECT: Tier 2 Seismic Evaluation for the 200 Mill Building Issue Should the Council approve a Work Authorization of$42,550 with Gensler/Coffman Engineering for a Tier 2 Seismic Evaluation of the 200 Mill Building, approve additional funding of$23,000 (estimated) for associated Geotechnical and Materials Testing, and authorize the Mayor and City Clerk to sign the Gensler/Coffman Work Authorization? Recommendation +Nr Council should authorize the expenditure of$65,550.00 for the Tier 2 Seismic Evaluation and authorize the Mayor and City Clerk to sign the Gensler/Coffman Engineering Work Authorization. Background Council approved the expenditure of$125,000 in the 2007 Capital Budget for an architectural and engineering review of the 200 Mill Building. The curtain wall assembly is in serious need of seismic, energy, and aesthetic upgrades. The building is grossly energy-inefficient. The purpose of the review is to provide a template for renewal to include cost estimates for building systems and aesthetic improvement, as well as financing options. After discussion with the review team, we decided to take a graduated approach. There is a go/no-go option at each stage of the process, depending on the results. The first phase, now completed (attached), reviewed the overall building condition, the condition of the existing mechanical, structural and building systems, ADA and building code compliance, and architectural elements. The review was generally positive. However, the seismic profile of the building structure is unbalanced. We were already aware of this condition from an earlier building seismic evaluation. The previous evaluation provided examples of typical shear wall improvements, but nothing sufficiently specific to be useful. Further, seismic standards have changed from that time h:\peter renner\peter renner 2007\infopaper200miIltier2.doe Memorandum Page 2 of 2 July 2, 2007 period, especially those that would apply to a Public Safety application,which might be an end use of the building. We therefore asked for a proposal for the next level of evaluation, the Tier 2 Seismic Evaluation (attached). This is a much more intense and thorough evaluation of the building's seismic characteristics that can lead to specific engineered improvements. The cost of the improvements can also be estimated at that point. We will also continue with preparation of cost estimates for building system upgrades indicated in the building appraisal and a replacement of the curtain wall. Conclusion The 200 Mill Building is a valuable asset, either to the City for future office space needs, or to another owner. The engineering and architectural review of the 200 Mill Building has already provided significant information about the quality of the building, and the proposed Tier 2 Seismic evaluation and continued architectural proposals will give Council a clearer picture of the future options for the building. Ned Attachments as stated C: Jay Covington, Chief Administrative Officer Mike Bailey,Finance/IS Administrator 'tkaatii h:\peter renner\peter renner 2007\mfopaper200milltier2.doc • • Work Authorization Number 02 Gensler Project Date Old City Hall Building Analysis -Tier 2 06/19/07 Project Location Project Number 200 Mill Street,Renton, WA 32.7065.002 4411141.fClient File This is page Peter Renner, City of Renton 1WA 1 of 4 Services to be performed pursuant to the Original or Master Agreement(if any),dated If there is no Original or Master Agreement referenced above,the attached Work Authorization Terms and Conditions shall apply. Other References Services not included(this list is not exhaustive) Fee and Basis ® Lump Sum of$42,550.00 ® Plus Reimbursable Expenses(15%mark-up) El Hourly El Plus Consultants which are not listed as included in fee ❑ Hourly,not to exceed$ without prior (15%mark-up) authorization ❑ Other: Date Services to Begin ❑ (specify date) El Immediately after Work Authorization approval Services projected to be ❑ (specify date) completed no later than the ❑ following,if indicated Working days after Work Authorization approval Services requested by Date of Request Peter Renner City of Renton Gensler Authorization by I/ Date Signed mow : . P . 19 Jvu - (9- L111:a oriarty, • anaging'rincipal Client Authorization by Date Signed Authorization is confirmed for Gensler to perform the following services: Gensler and Coffman Engineers will perform a"TIER 2 Seismic Evaluation"as a continuation of the evaluation of the Old City Hall in Renton, WA. The scope and deliverables of the evaluation are detailed in Coffman's attached proposal dated June 15,2007. Gensler will coordinate the evaluation and provide consultation to the City in the process of the evaluation and in reviewing the results of the evaluation. As discussed in Coffman's proposal,there may be need for a materials testing agency to verify the as-built nature and condition of the structure. Listed below is an estimate of the cost for an additional consultant,which will be billed as a reimbursable, if the consultant is needed. This materials testing consultant fee is not included in the lump sum fee above. Additionally,a Geotechnical Engineer is needed to assist Coffman and Gensler in the analysis of the soils surrounding the building. Gensler asks that the Geotechnical Engineer be retained directly by the City,and their fees are not included in the lump sum fee above. We will provide suggestions for a Geotechnical Engineer to be consulted. Lump Sum Fees: Gensler Fees: $ 5,550.00 Coffman Fees: $37,000.00 Total: $42,550.00 Other Estimated Reimbursable Consultant Fees: Materials Testing Consultant: $ 5,000.00 Geotechnical Engineer: to be retained by City of Renton 'rive 1524 Fifth Avenue 0\32.7065 0001documentation\l_generalllwa\wa02_010907 doe Suite 300 Seattle Washington 98101 Tel: 206.654.2100 WA_080706 Fax: 206.654.2121 Work Authorization Number 02 Gensler Terms and Conditions Project Date Old City Hall Building Analysis-Tier 2 06/19/07 Project Location This is pageNod 200 Mill Street, Renton, WA 2 of 4 1. The provisions on page 1 of this Work Authorization take 7. Client acknowledges that Gensler has no expertise in, and is precedence over these Terms and Conditions. Where a portion of not being retained for the purposes of, investigating, detecting, one document is amended by another of a later date, all abating, replacing, remediating, or removing any items, products, unmodified portions shall remain in effect. The terms "Gensler" or materials containing hazardous substances. and "Client" include each party's authorized representatives, 8. Where services are to be compensated on an hourly basis, officers, directors, shareholders, and employees. This Work compensation shall be based on the flat hourly rates set forth in Authorization shall not create a contractual relationship or duty to Gensler's and Gensler's consultants'standard rate schedules,which any third party. are subject to periodic adjustment. Reimbursable Expenses are in 2. Client shall provide full information regarding the addition to compensation for Basic and Additional Services and requirements for the Project, and Gensler shall be entitled to rely include expenses incurred by Gensler and Gensler's consultants in upon the accuracy and completeness of such information. the interest of the Project, including, but not limited to the 3. The Drawings, Specifications, and other documents following: (collectively "Documents") and any computer tapes, disks, (a) Data communications, telecommunications, reproduction, electronic data, or CAD files (collectively "Data") prepared by shipping,handling,and delivery. Gensler are instruments of service and shall remain Gensler's (b) Mileage, tolls,cab fares,and parking. property.Upon completion of Gensler's services and payment of all amounts due Gensler, Client may retain copies or reproducibles of (c)Renderings, models, computer modeling, mock-ups, and the Documents and/or Data for information and reference in photography. connection with Client's use and occupancy of the completed (d) Sales taxes and other transactional taxes, and fees paid for Project. Client agrees to indemnify and hold Gensler securing approval of authorities having jurisdiction over the Project. harmless from and against any and all claims, liabilities, suits, demands,losses,damages,costs,and expenses(including reasonable (e) Authorized out-of-town ravel, including travel time, attorneys' fees and costs of defense), together with interest thereon, out-of-town living expenses,and long-distance communications. accruing or resulting to any persons, firms, or other legal entities, (0 Additional insurance coverage or limits requested by Client in on account of any damages or losses to property or persons, excess of that normally provided by Gensler and Gensler's including death or economic loss, arising out of the unauthorized consultants. use, re-use,transfer or modification of the Documents and/or Data. 9. Progress payments for Basic and Additional Services and 4. Gensler shall not have control over, or charge of, and shall not Reimbursable Expenses shall be due and payable upon receipt of be responsible for, construction means, methods, schedules, or Gensler's invoices. Disputes or questions regarding an invoice or a delays, or for safety precautions and programs in connection with portion of an invoice shall not be cause for withholding payment the Work. for the remaining portions due. Amounts unpaid thirty (30) days after the issue date of Gender's invoice shall be assessed a service 5. Claims, disputes, or other matters in question between the parties shall be subject to mediation under the auspices of a charge of one and one-half percent (1-1/2%) per month. This recognized professional mediation service prior to undertaking any Work Authorization anticipates that Gensler's services will proceed continuously in accordance with the Project schedule. If, and to legal action. The cost of the mediation service shall be borne the extent that, time limits set forth in the original schedule are equally by the parties. In any proceeding following unsuccessful mediation, the prevailing party shall be entitled,in addition to such extended more than sixty (60) days beyond the dates established, other relief as may be granted, to a reasonable sum for attorneys' Gender's compensation shall be equitably adjusted. fees and costs of defense. 10. This Work Authorization may be terminated by either party upon not less than seven (7) days written notice should the other 6. Gensler agrees to indemnify and hold Client harmless from and against any and all claims, liabilities, suits, demands, losses, party fail substantially to perform in accordance with the terms of damages, costs, and expenses (including reasonable attorneys' fees this Work Authorization. Client's failure to make payments to and costs of defense), together with interest thereon, to the extent Gensler in accordance with this Work Authorization shall caused by the negligent acts, errors, or omissions of Gensler, its constitute substantial nonperformance and cause for termination or consultants, or anyone for whose acts either of them may be legally suspension. liable. Client agrees to indemnify and hold Gensler harmless from 11. This Work Authorization shall be governed by the law of the and against any and all claims, liabilities, suits, demands, losses, location of Gensler's office identified on page 1 of this Work damages, costs, and expenses (including reasonable attorneys' fees Authorization. This Work Authorization represents the entire and and costs of defense), together with interest thereon, to the extent integrated agreement between Client and Gensler and supersedes all caused by the negligent acts, errors, or omissions of Client, its prior negotiations,representations,or agreements. contractors or consultants, or anyone for whose acts any of them may be legally liable. Nod 1524 Fifth Avenue q 132.7065.0001documentationll_genera111wa\wa02_010907 doc Suite 300 Seattle Washington 98101 Tel: 206.654,2100 WA_080706 Fax: 206.654.2121 NGINEERSA OFFMAN June 15,2007 Structural Mechanical Mr. Ryan Haines, Associate Gensler El``t`i`al 1524 Fifth Avenue, Suite 300 ti.il Seattle,WA 98101 Corrosion Re: Proposal for Tier 2 Seismic Evaluation Program and Old Renton City Hall Construction Management Dear Ryan: Thanks again for the opportunity to propose on these engineering services for the Tier 2 seismic evaluation. After completing the initial Tier 1 screening phase, it became apparent that a more exhaustive Tier 2 Evaluation for the occupancy,construction type,location, and height of the building was warranted. The objective of the evaluation is to assess the expected performance of the building with respect to the existing structural systems,regional seismicity, and performance level.The evaluation will follow through the process of a Tier 2 evaluation as defined by ASCE 31 (American Society of Civil Engineers"Seismic Evaluation of Existing Buildings"). We anticipate producing a three- dimensional computer model and performing an analysis of the lateral force resisting system using a linear dynamic procedure.This level of analysis is required for a building of this height and construction. We will submit a written report of our findings at the completion of the Tier 2 evaluation phase. The evaluation is limited in scope and will be conducted to the extent necessary to identify potential deficiencies in the existing building. While the analysis is fairly extensive, the outcomes are impossible to predict until further analysis is completed.With this in mind, the design of corrective measures necessary for any deficiencies identified by the analysis are not included as part of this proposal.These would be part of a final Tier 3 detailed evaluation and design of selected improvements if and as required. We anticipate up to two additional site visits during the analysis phase to investigate existing conditions. Existing drawing documentation of the structural elements is pretty good and will be used as the basis of analysis. Some testing by an inspection or testing agency, however, may be desirable to verify the construction of critical elements such as beams,girders and columns. Testing could include identifying the location, size and spacing of reinforcing steel or material properties evaluation. 10 M.Post Strut,Suite 500 Seattle.Washington Anchorage,Alaska Los Angeles,California Saokane,Washington 99201 206 623 0/1/ 907 216 6664 818 285 2650 509 328 2994•fax 509 328 2999 ,,,,rcoffman.com Mr. Ryan Haines Page 2 June 15,2007 We propose to provide these services for a lump sum of$37,000.This includes the additional field investigation time noted above and an additional meeting in the Seattle or Renton area to review the findings. Expenses for airfare,rental car,etc. would be billed separately as reimbursable expenses. We also suggest you consider an additional budget of$5,000 for material testing that may be required as noted above(our fee includes coordinating with a materials testing company but does not include the cost for the sampling and testing).The existing documentation appears to be complete and this may not be necessary. One further note to consider is the need for a geotechnical evaluation of the site.This is required to identify any potential geologic risks at the site and to provide specific site information that is used in the structural evaluation. We have some recommendations for very good local consultants that may be contacted for this service. Thank you for the opportunity to make this proposal. Feel free to contact me if you have any questions or comments regarding this proposal. Respectfully Submitted, COFFMAN ENGINEERS, INC. a_f2 a,41,1), Karl G.Kolb,P.E., S.E. Principal err Evaluation of Old Renton City Hall 200 Mill Avenue South Renton WA 98057 Submitted: 06.29.07 Evaluation Provided By: Gensler �COFFMAN N G I N E E R S Introduction: Gensler was retained by the City of Renton to perform a preliminary feasibility study of a remodel of the existing 7-story office building, previously used by the City for their City Hall. Gensler's scope included a review of the site access and the building itself for ADA compliance, and the major components of the life safety system for compliance with current building codes. Gensler retained Coffman Engineers Inc. to provide analysis of the electrical, mechanical and structural systems. The building is located at 200 Mill Avenue South, in Renton, WA. The facility was constructed in 1968. Gensler and Coffman Engineers Inc. each performed a short walk through to review the facilities' systems and structure. A Tier 1 seismic evaluation using ASCE 31-03 as a guide was also requested. The field survey was conducted on May 11, 2007. The mechanical room and several office spaces on various floors were available for inspection. The majority of spaces were not accessible. The purpose of this preliminary study was to identify any major deficiencies present in the building and it's systems that might make it immediately clear that the project would be cost-prohibitive. The findings of this study are to be used to determine the next steps in further defining additional due diligence needing to be performed in order that the City may decide how to manage this existing real estate asset. Existing tenant spaces were not reviewed as it is assumed that the interior improvements would likely be removed in order to perform the required upgrades and that new tenant improvements would be performed in compliance with the jurisdictional requirements at the time of their construction. Architectural Evaluation Accessibility (ADA) Review Site Access The site access from the public way is achieved by way of a mostly level sidewalk leading from Mill Avenue South to the building entry. The path appears to meet the requirements for building access with the exception of new striping and signage at the crosswalk where the path crosses the main vehicular driveway to the property. The parking lot is well striped and in good condition. Accessible parking stalls are located near the building entry, and generally comply with the current standards for stall dimensions with the exception of stall signage. The number of accessible stalls, both passenger car and van stalls, does not appear to comply with the number required for the total number of parking stalls provided on-site. There is also no marked path connecting the accessible parking stalls to the building entry. } !1 0 y�yr ,%.,., :-.. 4 � q.' �5ry 3u • 't�l�^Y� 4 f:� ,�1��s������ i � 111 -t - . _ '" + ,�;• ... 1114 t F There are two curb ramps in the sidewalk in.front of the building entry, however both should be replaced to comply with the specifc requirements of the current accessibility codes. There are also two accessible parking stalls located near the main lower floor entry but these stalls do not meet the dimensional requirements of current codes, nor is there a marked access aisle to the door. These issues are easily fixed and are important in that they form the required connection between the site access and the building access, or building entry. Building Access The access from the sidewalk in front of the building to the building lobby is generally usable, however several improvements are necessary to comply with current codes. In all areas, handrails at stairs and ramps as well as the guardrails do not comply with current codes. In moNikeof st cases, the guards at major building edges and grade changes are not of the appropriate height and do not have the appropriate distances between intermediate components to comply with the requirements preventing children from penetrating the guards. Handrails do not have the proper extensions beyond the top and bottom of ramps and stairs. I , I ........-. ._ ,,. ._ . , ,...-0- ,, - . „lc ,-g,,,,,?,- p r . --i _;,_,„ 1.; 1::: ,,,,:t :4175,::, i %.- ,,, ,. .-- -. _, , _ „ ., sp, _ , , ., , ,.,„ $,.... .„. „,„ „„, 1 I x , ..,,,:.,„.7, ,,,,.. .A.,14" F' t f i'.t3 a . s ia`b � ., ,,,,,,g ' r r 4 ; `: A - The stairs in front of the building entry are of ''i' ';; i the correct rise and run, but require new -. ,�t , , handrails as mentioned above. The ramp fromP t i te : t the sidewalk elevation to the building entry is IlliP ,, , approximately 1:12 slope, which would be x � acceptable with improvements to the handrails .. ` �; as mentioned above. The building entry doors ?* i' t 't. `0 , .- do not have an accessible operator assisted door, 1000 .'• ,,,{,' -.; which would be required. Building Components - Circulation The building is equipped with two elevators serving the basement through 6`h floors, which have recently been modernized and appear to meet code. The public corridors are of sufficient width. , Building Components—Doors Door handsets need to be replaced on most doors as they are mostly of the ball type, which does not comply with the lever handle requirements of the code. Most interior doors are 36" wide or greater with the unfortunate exception of each of the access doors to the floor restrooms and janitor closets, which are 30" wide and would need replacement with doors of 36" wide with the proper pull and push side clearances. Doors providing access to the stair towers are of proper width, however the required clearances are not provided on the push and pull sides and as such would need to be relocated to provide the clearances. This reconfiguration could be accomplished in connection with the changes to the locations of the stair access doors described in the Life Safety part of this report. Building Components— Restrooms By our review, none of the restrooms in the building meet current accessibility codes. All would have to be removed and rebuilt, likely requiring more space on each floor. In addition, the number of women's toilets is below the number required for a building floor area such as this. This work can also incorporate the plumbing upgrades suggested in the Mechanical section of this report. Building Components—Signage The building does not have an accessibility code compliant signage system. One would need to be installed to meet the basic requirements of the code. Accessibility Recommendations: 1. Provide new crosswalks across the main vehicular access from the path leading to the public way to the building and from the accessible parking stalls to the building entry. 2. Provide new signage at the accessible parking stalls and increase the total number of accessible stalls to meet code minimums. NS 3. Upgrade the existing curb ramps in the sidewalk in front of the building. Norio 4. Restripe the accessible parking stalls at the lower level building entry to comply with code. 5. Replace all exterior guardrails and handrails with new to meet current code requirements. 6. Add an accessible door operator to one of the building entry doors. 7. Replace all door hardware not complying with current standards. 8. Remove and redesign the existing restrooms including access doors, stall counts, and accessible fixture types and clearances. 9. Relocate access to the exit stairs to comply with the required clearances on the pull and push side of the doors. 10. Install a compliant interior signage system. Life Safety Review Fire Stairs The existing fire stairs are located in the SW and SE corners of the floor plate with access provided through either one or two doors with a corridor paralleling the South exterior building envelope. The access corridors are of proper width, however as noted above, the doors do not have proper clearances on the push and pull sides. In addition, the separation of the points of entry into the stair access corridor system do not meet the code minimum distance of of the longest diagonal of the occupiable floor area. The access doors would need to be moved closer to their respective stairs to achieve compliance. This issue in combination with door clearances presents a design problem, which we — believe could be solved, though it may require relocation of the restrooms. The stairs themselves are cast concrete and have risers of 7" and treads of 10 3/4", which does not strictly comply with the minimum tread depth of 11" in the IBC. The stairways varied between 44" and 45" in width and the landings varied between 42" and 44" deep, the lesser of which does not meet the requirement that landings be equal in length to the width of the stairway they serve. Some improvement to this condition may be able to be accomplished through minor changes to the location of the newel posts for the handrails and a small amount of filling of the gap between runs. All of the handrails for all stairways must be replaced to comply with current code for extension beyond top and bottom of stair runs as well for continuity and openness on the open side of the stair runs. There have also been installations of various pipes and conduits that run vertically through the towers and penetrate the landings, some of which exacerbate the issue of landing depth. If modifications to the existing concrete stairs do not yield a compliant situation, it may be possible to replace the runs with prefabricated stairs to utilize excess landing depth along the South exterior façade landings. The west stair is continuous from the 6th floor to the basement with the main egress occurring at the main building lobby. The East stair is continuous from the Roof to the second floor where it discharges onto the occupiable terrace above the ground floor level. An open stair provides access from the terrace to the ground floor. The open stair does not meet currently exiting requirements due to the handrails and the existence of an outward swinging door at the bottom landing that impedes exiting. We recommend that MINIM the East stair be reconfigured to provide a more direct access to the finished grade to the NIS east of the building or the continuation occur within the building with direct discharge from the ground floor to adjacent grade. This solution would also improve security of the terrace on the 2nd floor. The lower level ground floor has several exits from the floor to at grade access points,providing sufficient exiting for any future uses. Fire alarms,strobes,etc. The building is generally equipped with fire alarms, strobes and horns. A complete review should be undertaken as part of the electrical system replacement. Life Safety Recommendations: 1. Relocate the access doors to the vertical exit stairs to allow sufficient separation relative to the diagonal of the floor plate. 2. Replace all of the handrails, guardrails, and newel posts in the stairs with new to meet code, including minor modifications to the landings to take advantage of all possible depth. If these modifications do not result in a compliant stair, replace the concrete risers and treads with new prefabricated steel stairs to meet the current codes. 3. Evaluate the possibility of a departure from the code requirement of 11" minimum tread depths. 4. Reconfigure the continuation of the East stair to provide access to the first floor grade rather than the use of the non-compliant stair from the second floor to first floor grade. Other Architectural Considerations Building Envelope The existing building envelope of the tower(Floors 3-7) is a composite system of structural tubing, insulated aluminum panels and single pane glass. The second floor is enclosed by structural masonry with some glazing. The podium (Ground Floors) is clad in stucco. The current curtain wall on the tower provides very little thermal protection for its occupants. It is our understanding that the facades of the building exposed to direct sunlight often become very warm to hot to the touch by the occupants of the building. As is described in the Mechanical analysis, the mechanical systems must be oversized by today's standards to provide some comfort to its occupants during the peak heating and cooling seasons. It is also our understanding that the existing façade has had considerable leakage occurring over time. The stucco and brick cladding on the lower levels have created a relatively dark interior to the bottom three floors. Building Entry Though the building entry nearly meets the current code requirements, some remodeling to the building entry and main lobby could provide a significantly improved user experience. Other Architectural Recommendations: 1. We strongly recommend that the entire building envelope be replaced with a more modern, thermally efficient envelope that would provide significant energy savings, considerable added comfort to the occupants and lower maintenance. Integration of sun shading devices on the West, South and East sides of the building could further reduce the cooling loads in the summer. Replacing the brick and stucco facades with a curtain wall would greatly improve the natural day lighting of the occupied spaces as well as provide a connection for the occupants to the outdoor environment, which is a significant asset of this property. A new envelope would also extend the life of the building and increase its lease value in the market, whether the building is occupied by the City or by private tenants. 2. Remodel the building entry to create a more open and welcoming experience for the building occupants and their visitors. Electrical Evaluation New The original building was constructed in 1968 and most of the electrical equipment is original installation equipment except for a new electrical service which was installed as part of the 1996 Phase I Remodel project. Modifications to the electrical distribution system have been made over time including additional panels, replaced transformers, and the installation of transient voltage surge suppressors. The original equipment has limited capacity to be modified due to its age and lack of connection spaces. The original main electrical room is completely full leaving no room for any additional electrical equipment within the main electrical room. Building Service: The building was originally served by a 1200-Ampere 480Y/277V main electrical service. The 1996 Phase I Remodel project upgraded the existing service to the building. The existing utility service was replaced with a new utility service, pad mounted transformer, and 2500-Ampere 480Y/277V main distribution switchboard. The original electrical distribution system including the original main switchboard was left in place and back fed from the new main switchboard. The new service size provides approximately 27 watts per square foot, which is more than a typical modern office design service size of 15-20 watts per square foot. The original main switchboard is manufactured by General Electric and uses a 1200-Ampere main disconnect and a distribution section. The distribution section does not have space to add additional circuit breakers. The 1996 main service switchboard included three spare switches to allow for future expansion. In addition to upgrading the electrical service, the 1996 Phase I '441rr AMINIL Remodel also added transient voltage surge suppression and ground fault protection at the main service, and upgraded the building's service ground. The wiring method throughout the building is predominately insulated conductors installed in conduit. Some branch circuits that have been added over time have been installed using MC cable. A combination of full-voltage, non-reversing motor starters and retrofitted ABB variable frequency drives support the mechanical systems. The elevator system was recently upgraded and the elevator machine room has been upgraded to meet current codes. The elevator system is connected to the emergency generator providing ADA accessible egress to building occupants. The building still has many of its original General Electric dry type distribution transformers. A few transformers have been replaced or added, however the majority of the transformers are original installation. New Energy Star rated transformers are more energy efficient than the older transformers. Due to the high computer loads in office spaces K-4 rated transformers are recommended. Emergency Generator; Emergency power is provided for the building by an old 110kw/137.5kva stand-by 480Y/277V natural gas generator located in the mechanical room on the 6th floor. The Ned generator connects to the distribution system via a 150-Ampere automatic transfer switch. This generator is the source of life safety power for the building. In addition to life safety loads, optional stand-by loads have been connected to it. This installation does not meet today's code requirement to separate life safety and optional standby loads with separate transfer switches. Lighting: The building uses predominately linear fluorescent lighting, however the fluorescent lights use the older T-12 lamps instead of the newer, more energy efficient T-8 or T-5 lamps. Any original ballast that has not been replaced is potentially PCB containing because the original ballasts were magnetic-core type and due to their age could contain PCB's. The old incandescent lamps used in the mechanical and electrical rooms have been retrofitted with compact fluorescent bulbs. The fluorescent lights installed in the t- bar ceiling did not appear to be adequately secured for a seismic event. The fixtures were secured with only one support wire. Today's standards require four support wires per fixture. The existing lights are locally switched and do not meet current Washington State Non- Residential Energy Code Requirements. Current lighting requirements for office spaces include daylighting controls and zones, and automatic shutoff capability via occupancy sensors or a central control system. ftw Electrical Recommendations: 1. We recommend that the original electrical system be removed back to the 1996 Phase I Service Upgrade and replaced in its entirety due to the age of the equipment and its limited flexibility. The new distribution system should include Energy Star and K-4 rated transformers. Branch panels serving computer or sensitive electronic loads should use TVSS's. 2. We recommend that a new generator be provided, preferably on the ground level, and that the emergency distribution use two transfer switches to allow the generator to serve both Life Safety and Optional Standby loads. The associated compressed natural gas fuel tanks and associated piping on the roof should be removed at that time. 3. The lighting should be upgraded to linear fluorescent T-8's or T-5's with electronic ballasts and a code compliant lighting control system with automatic shutoff capability should be installed. Mechanical Evaluation After going over the building we were able to interview the McDonald Miller service technician who has been looking after the building for approximately 8 years. His insights into what is working and what isn't were invaluable in developing an idea about the condition of specific systems and their history. During our visit access to the ground floor was restricted and no interior observations for this area were possible. Heating, Ventilation and Air Conditioning (HVAC): Environmental conditions in the building are maintained by a dual duct, VAV modified HVAC system using natural gas fired hot water boilers and electrically driven water chillers as sources for heating and cooling respectively. Although it is serviceable, this system is not very efficient and a modern variable air volume system (VAV) with digital controls should be installed. Newer fan and electric motor designs coupled with digital controls could provide significant energy savings relative to this building's current configuration. Coupling a new mechanical system design to a new building envelope that is more energy efficient can greatly reduce energy consumption and improve occupant comfort. The exact amount of savings is dependent on the envelope options chosen and the electrical equipment loading (i.e. computer density) installed in the renovated space. If a total renovation is undertaken this facility would probably be a good candidate for LEED accreditation. Control devices are mix of electric and pneumatic equipment. Pneumatic control components dominate the building. Unfortunately, many items have reached the end of their useful life. Chronic component failures and system set point drift cause the system to have great difficulty maintaining environmental control of the building. Space temperature control is regulated by pneumatic thermostats that adjust dampers in the Carnes mixing boxes. The mixing boxes in each zone blend hot and cold air to provide comfort heating, cooling and ventilation. These boxes are original equipment and have a '4400 tendency to stick or freeze in one position limiting their ability to control the environment. Corrosion appears to be a major cause of the problem. The existing control system needs to be replaced. A modem direct digital control (DDC) system with external interface capability would benefit energy management goals as well as sophisticated user schedules and building maintenance/monitoring needs. Maintenance is currently provided by McDonald Miller. Recent upgrades to equipment included a new roof top mounted York water chiller (2004) and two AO Smith Copper Coil hot water boilers and associated circulating pump (2005). The old Trane Centrivac chiller and the associated Evapco condenser were abandoned in place in the mechanical room on the 7`h floor. The two old AO Smith boilers were also abandoned in place, as was their associated pump. Much of this old equipment should be removed if a remodel of the buildings envelope is undertaken. Although the new equipment listed above is relatively new and serviceable it does not represent the current state of the art in heating or cooling technology. Efficiency improvements are possible with new equipment. All of the primary fans appeared to be original equipment and have been retrofitted with variable frequency drives from ABB at some point in the past. While this retrofit has helped reduce energy costs it is a stopgap measure and is not as efficient as a fully integrated VAV system would be. Exhaust fan 9 was found to be inoperable and had not been used for some time. A large through wall exhaust fan has been installed on the west side of the building but no drawings or historical information about it was available. The space it served was not accessible. In addition we were told that one of the trunk ducts Naisi may have suffered a partial collapse at some point in the past due to a quick closing damper. More detailed study and analysis is needed to verify this condition and its impact on the system. If a full replacement is planned this effort may not be needed and could potentially be a waste of funding. We were informed that the heating and cooling water loops were filled with a propylene glycol mixture to prevent freezing and corrosion. The cooling and heating systems had not been tested for residual corrosion inhibitor since they were filled in 2005 and 2006 respectively. It is recommended that heat transfer fluids be sampled annually and tested for signs of corrosion and inhibitor breakdown. From what little we could see, the use of fire and smoke dampers may not be in compliance with current building, fire and mechanical codes. Since the internal spaces in the building are likely to be reconfigured as part of any upgrade, this issue can be addressed as part of the overall rearrangement of occupied spaces and exit paths. Overall, the current energy efficiency of this building is poor. The existing curtain wall and roof insulation systems are poor at best. The glazing is single pane glass. If the curtain wall was replaced with a more energy efficient design and the upper occupied floor and roof properly insulated the building could see a 50% reduction in heating bills and a 30% reduction in cooling. Cooling load reduction is also dependent on the number and type of computer systems brought into the facility. Couple a new external envelope with an energy efficient HVAC system and the building could provide a comfortable work environment and lower operating costs. A rough order of magnitude cost to replace the HVAC system is $850,000 (does not include LEED accreditation activities) Plumbing: None of the bathrooms observed fully comply with ADA (Americans with Disabilities Act) requirements. Many of the fixtures and appear to have been original equipment and are well worn and showing their age. A significant amount of new water piping was observed and much of it had been retrofitted into accessible spaces, which compromised the use of the space such as janitor's closets. We also noted that there was blue staining in many of the toilets, urinals and drinking fountains. Staining was less noticeable in sinks. Coupled with our pipe replacement observations we believe the facility continues to have an aggressive (corrosive) potable water problem. The blue staining is indicative of copper leaching from the system (see figure 1 below). w'�' r } t sg x� s Figure 1: Urinal with blue water stains indicating corrosion of copper pipes. We recommend that water samples be pulled from faucets and fountains and tested for lead and copper content to see if they exceed EPA action levels. The following was extracted from the City of Renton's water utility web site. In 1993, the City of Renton tested for the presence of lead and copper in water drawn from 75 Ned household taps. None of the tested taps exceeded the EPA's action level for lead of 15 parts per billion. However, 63 of 75 tested tap samples exceeded the EPA's action level for copper of 1.3 parts per million. To remedy this situation and comply with EPA regulations, the City of Renton constructed the Corrosion Control Treatment Facilities in 1998 and started the operation of the facilities in the spring of 1999. The treatment process entails adding sodium hydroxide to the water to raise the pH from below 7.0 to above 7.3. At this higher pH, the water is less corrosive to household plumbing, which in turn, reduces the leaching of lead or copper from home plumbing. In the fall of 1999, the City retested for lead and copper at 72 of the previous 75 household taps. None of these tested taps exceeded the EPA's action levels for lead or copper. Our water now meets the EPA's regulations for lead and copper. Based on data from the City of Renton 2005 drinking water quality report corrosion of piping is still a concern in that 10% of the samples tested in 2004 (the last year testing data is available) exceeded EPA criteria. The testing was done in homes with far smaller amounts of copper pipe and generally higher churn rates than office buildings. Copper concentration in office building water system is often higher than in homes served by the same water source. Since the bathrooms will need to be replaced during a major retrofit, in order to meet current ADA requirements, much of the plumbing system will also be replaced. To protect this new investment in piping it is recommended that the owner consider an on site water treatment system to further reduce corrosion of the system or engineer a system .rr# that is easy to isolate and quick to replace. Roof drains appeared to be in various stages of disrepair with some missing screens and clogged bowls. If LEED EB is pursued uses can be found for the run off water which could enhance the LEED point total. Fire Protection: A considerable amount of new fire sprinkler piping was also noted during our walk through. From the parts that were visible/accessible, the system appears to conform to NFPA 13. Seismic bracing was clearly evident and of recent construction. A clean a&ent, gaseous type, fire suppression system (Inergen by Ansul) has been installed in the 7m floor mechanical room to serve the adjacent elevator equipment room. The original smoke detection equipment has been replaced with newer model smoke detectors in the HVAC ducts near the fans in the 7th floor mechanical room. These should all be replaced when the HVAC system is upgraded. Since new space layouts would entail the movement of sprinkler heads and the replacement of life safety devices, it is recommended that a registered fire protection engineer evaluate the remodeled building and a completely integrated fire and protection and life safety system be installed. Elevator Equipment: After the Nisqually earthquake in 2001 the elevators were found to have sustained 4%100- damage. Repairs were made and updated equipment was installed. A new drive system was installed in 2006. A new fire protection system consisting of an Ansul Inergen clean suppressant system was installed when the new drives were put in. An open existing roof vent in the elevator equipment room could compromise the effectiveness of the Ansul system. Mechanical Recommendations: 1. A new building envelope can greatly reduce energy consumption and allow for newer,reduced size, more efficient mechanical equipment. 2. A new variable air volume HVAC system with direct digital controls is suggested based on the need to rework ducting in the spaces, the age of the HVAC and control system, and the need for new mixing boxes in each zone. 3. When reworking the fire sprinkler system, to accommodate the new floor plans, a completely integrated fire and smoke control system should also be implemented that meets current codes. 4. As plumbing is replaced to accommodate the need for ADA compliant restrooms consideration should be given to an on site water treatment system to reduce the corrosive effects of the potable water. 5. Removal of old, unused or abandoned mechanical equipment is recommended as this will clean up the mechanical spaces, reduce structural loading and allow more options for the arrangement of new systems. 6. LEED accreditation may be possible under the LEED — EB criteria. The loir"` additional cost for such accreditation does not always justify the reward. Most if not all of the LEED concepts can be applied to the building without the cost of implementing the accreditation effort. Structural Evaluation The purpose of this structural evaluation is to assist in the preparation of a facility assessment for the building by conducting a preliminary seismic evaluation. The building structure plays an integral role in the analysis of possibilities for future use and is also important for considering potential rehabilitation costs. A site visits was made on May 11, 2007 in order to conduct a limited visual review of the building. The review included gathering field information regarding the typical construction, arrangement, materials, elements, and physical conditions. The scope was limited to elements that were readily visible from floor level on the interior and from roof level at the exterior. No destructive methods were used nor were any material samples taken for testing. Existing as-built drawings provide good documentation of the original construction and were reviewed and compared with observed conditions. Some modifications have been made to the building over its history, but significant structural changes were not apparent. Methodology: Our evaluation of the Old Renton City Hall follows the standard ASCE/SEI 31-03 (American Society of Civil Engineers/ Structural Engineering Institute)entitled"Seismic Evaluation of Existing Buildings." The evaluation is a three tiered process (as required): Tier 1 —Screening Phase; Tier 2—Evaluation Phase; and Tier 3—Detailed Evaluation Phase. This report outlines the results of our Tier 1 evaluation, highlighting potential deficiencies in the building and directing us to further evaluation requirements. The analysis is directed by the desired performance level, the level of seismicity specific to the building location, and the building type. The Old Renton City Hall falls into the following categories respectively: life safety performance, high level of seismicity, and a building type consisting of concrete shearwalls with rigid diaphragms. Based on those characteristics, the standard directs us to look at five checklists to complete a Tier 1 evaluation. The applicable compliant/ noncompliant checklists serve to rapidly evaluate the major building components which may possess deficiencies requiring further analysis. The checklists include (see attached for completed checklists): Basic Structural Checklist for Bldg Type C2 Supplemental Structural Checklist for Bldg Type C2 Geologic Site Hazards and Foundation Checklist Basic Nonstructural Component Checklist Intermediate Nonstructural Component Checklist Some definition may be helpful regarding the characteristics noted above. First, the "life safety" performance level was selected because it is generally consistent with the types of occupancy that may be considered for future use and that currently exist. The alternative performance level is "immediate occupancy" which is a very high level of seismic performance chosen for essential facilities such as hospitals and emergency response centers. "Life safety" does not imply that the building is somehow "earthquake proof," but attempts to achieve a level of performance that protects against major collapse and allows the majority of the occupants to safely exit the building. Secondly, the "high level of seismicity" is simply a function of where the building is located. In the Puget Sound region there are not many, if any, exceptions to this classification. The methodology of ASCE 31 directs the user to the Tier 1 screening via the checklists noted above. A selective Tier 2 may be appropriate when the Tier 1 quick checks identify deficiencies. The standard also requires a more exhaustive, complete Tier 2 evaluation for buildings that fall outside of certain limits. Technically speaking, Old Renton City Hall requires this complete Tier 2 analysis, which is beyond the scope of this report. The trigger is that for a concrete shear wall building, with a selected performance level of "life-safety" in a "high seismic" location, the maximum number of stories for a Tier 1 evaluation is six. However, a Tier 1 evaluation is still useful in screening for typical seismic performance characteristics and highlighting the general areas of deficiency. A Tier 2 analysis will further confirm and quantify these deficiencies and direct the need for selective action. It is not anticipated that a Tier 3 analysis will be recommended, which is an even more exhaustive analysis that is warranted for complex structures or where the Tier 2 results are felt to be overly conservative. Our preliminary recommendation is that a Tier 2 analysis be utilized to direct structural solutions per ASCE Standard 41-06, "Seismic Rehabilitation of Existing Buildings." Description of the Structure: The building structure is generally a simple cast-in-place concrete structure with concrete columns supporting concrete floor slabs. The elevated slabs are actually created using forms that create a floor system that is called a "waffle slab" due to the appearance from underneath. The floors are supported in some locations by concrete bearing walls. These walls are also used to support the building against lateral forces such as wind and seismic and as such are referred to as "shear walls." The basic occupied building footprint at the basement and first floor levels is approximately 96 feet square. At these levels, tube steel columns around the perimeter, spaced at approximately six feet on center, support the edges of the floor slabs. Above the second floor level the building footprint steps back to 76 feet square for the full height of the structure. Noire The building uses shallow, spread footings to support interior columns and shear walls. Existing drawings indicate very high-capacity soils for bearing support and indicate the building is likely founded on glacial till common to the region. It should be noted that at the first and second floor levels there are plan area changes where elevated concrete floor structures create roofs over lower levels. At these locations there is a vertical step in the floor structure to allow for weather membrane and wear surfaces to be applied to the exterior while matching the finished floor level on the interior. Site Visit: The intent of the site visits was to review for conformance to existing documentation, unusual features, evidence of structural modification, deterioration of structural components, evidence of settlement or other forms of distress, etc. Only those areas that were readily available were viewed, however, much of the structural systems are quite consistent from floor to floor. Observations: Generally speaking the primary building structure appears to be in very good condition. No obvious signs of distress were found that would indicate foundation settlement. The shear wall elements, exterior finishes, and exposed structure did not show evidence of significant cracking or failure due to lateral loads such as seismic forces. Also, the visible structure (limited) at the lower levels did not show evidence of significant corrosion, water damage, or other environmental issues. The building has endured at least one moderate seismic event in the Nisqually earthquake of 2001. While detailed information was not provided regarding specific analysis or review of the building conducted after that event, it is our understanding that a seismic review to some level was performed. We also understand that the event caused some damage to tenant contents, elevators, and very significant building movement was experienced by occupants. One of the key locations to look for seismic damage is on the brittle finish materials typically encountered around the exterior. The brick exterior finish at the lower levels was generally in very good condition, with very few, minor cracks observed. These cracks were more noticeable on the interior side of the wall than the exterior, and only extended a few bricks in length. Larger diagonal cracks were not observed in these walls nor were they noted at lower level window openings where brittle stucco-type finish is used. ,.r0 It should be noted that several occupied areas were not readily accessible. Seismic effects can be amplified at specific floor levels depending on the ground motion of the seismic event and the response of the building. However, concrete shear walls at the stairs did not reveal noticeable cracking at any level. Preliminary Tier 1 Analysis: The Tier 1 evaluation checklists lead the reviewer to specific areas of concern. The format requires the selection of a response to each criterion as compliant, non-compliant, or not applicable. For the purposes of this review, the focus of the evaluation was on basic structural components. Interior elements such as ceilings and light fixtures, for example, are sometimes not evaluated due to their secondary nature and presumption that future building uses would almost certainly require extensive rework to these components. The checklist results are summarized below and are attached for further review. Checklist 3.7.9 for the basic structural components highlights the one significant flaw identified in this preliminary evaluation. The building utilizes shear walls to support against earthquake forces. Above the second floor level these walls are all concentrated near the south edge of the building floor. The center of gravity for the floors is near the center of the square floor plan, but what is referred to as the "center of rigidity" is nearer the south edge. This creates a torsional effect as the building responds to an earthquake and requires a much more detailed Tier 2 analysis in order to investigate further. This first checklist also indicates that the stress in the shear walls is higher than allowed by the initial Tier 1 screening. Further analysis of these walls may or may not reveal any problems, but they do not pass the initial rough-order test. The likely outcome may be that resolution of the torsional deficiency noted above will also correct this issue. There are two other areas of interest noted by the evaluation. First, the geologic site hazards are not specifically addressed by this review. A geotechnical engineer must be consulted in order to identify the possibility of loss of soil strength referred to as "liquefaction," slope failure potential, or surface fault rupture. Also, several checklist items include non-structural components that would almost certainly be dealt with by any significant remodel effort. Examples include bracing of ceiling, piping connections, and improving equipment base attachments. Conclusions and Recommendations: As noted above, this Tier 1 evaluation is presented only to give a general idea of potential issues concerning major structural systems and components. The ASCE 31 criteria requires that a more detailed Tier 2 analysis is completed for this building, and the Tier 1 screening reinforces that need with respect to the concrete shear walls. The preliminary evaluation identifies the unbalanced arrangement of shear walls and the total lengths of those shear walls as the primary concern. The most likely resolution would be the construction of vertical bracing or new shear wall(s) in the east-west direction near the north side of the building. These vertical elements would extend from the seventh floor all the way to the basement where supplemental foundation work would be required. Concrete shear wall construction would be the most consistent with the existing framing; however steel bracing may also be a consideration for constructability reasons and minimizing disruption to occupied spaces. The full Tier 2 analysis would determine the required length of wall, size of bracing, best location(s), and other factors for making the most suitable choice. The Tier 2 effort would also require a geotechnical evaluation and consideration of interior, non-structural components. While the non-structural detailing is generally minor impact to the overall restoration, it will be important to evaluate the site for the possibility of local geologic faults that could impact the site. A copy of the Tier 1 calculations and checklist can be found in the Appendix • ,•i I i 1:(%i;: i".' -' ,. .. _,.. , ' , . . , . . NIS , . . . . . . , /( 7,11.... . „ / i . . . , . . . . • , . . . . , • . / / • ' , . • . , -- i' '1 •/1 . -;•' '/, Irl ...-_,, , 14 ' /.)/( • I!,/,, • / . . . ( . • . , . / . / 1 1 / . . ! 1' • I . . , . ) . ( !r 7) ! '1 . . . ' . . , . , ( ' . . / / I 71 / , ' i I ' 1! ( • I ) ., , • • [-:-)7(1,I / , ,,, ' • , ,./. sheet no pro,ect i.'. 1', ' / Cdate OFFMAN la:at on /,, ' I/. /f job no. ANGINEERS c:eit checked /r7.-1:'y) li ( ) ,i date / i Ji l / , • Sire (I r 1 \A (1,71 6 ' • l ', r1 1 ,) I_ �� sheet no 441111.1 poet i('; I 1 t� !;, by � locator, data A.�® UFfob no N G I N E E R S r/r,i checked dale • .4") r (:,:') c(-:;/' • .' '•• i' r 11(,'.; f.-1 ( I%/ ) ) ... - 1/ //I l' d I /I 11 G „,{ /1 I • / i 7 ; -',- /i ,,' . , . . . , • ) 17.: 1 \... 1)+: 1 ' ! . - \,.. ,7)) /f; I- ' /0 f:'I - /1"-.. ' l; ,'' ' _I ( I ,-- ” , , 1 , . ( -- I . h I( • i is ) I 1/. 9 ( ;,) ' „ / ; , / , i. /, i ( i,,,, .) , 1 n:) . 1 , J. , /1 h(," ,,. ‘ '), ty..,if'' ; '''t [- i i - ,..) sheet no. Proect 1 h,"' r I i''! by 1/_.) 'NS AFOFFMAN too,on d3'e ,T)/1/P..: NGINEERS cot checked job no. , t ' 7 7).' f.. ' da'e Ic1('.;1 /"; ;; .,'a fr flmr 1. 1; /, t V 1 111 11 rI , sheet no. 4141111101 vo,ecl I Gp �/ , AOFFMAN 'Deaton dale !:�•� ;`,' pb no. N G I N E E R S de'l checked 1 , i I ..e, • „ ; , . i ) /, 0:„. • ,.-' .' .. , ././ . . ,, .',--I,) 1 ' •, I" (0,_,(:,,, :., li - )t • 1 13; I ' „ . il V 1 . . . . I / , . , •, . ' .. „ ; 6----- •, ' .'. 1",, 1,. , i 1//,; ,) ) . • . ;, .- • i . , . 1 , ,.1 sheet no. ,44.00 project j (:,,I.'; / , , / by 1/ AFOFFMAN 1,N:et Co date 'j it,” job no. NGINEERS 0 ent checked j ' ,.1,•) I , ) dale )/ . / , If ) J .- /di)//, i / /' ) 11 ''''1./ (• 1 f, i,'�) ' sheet rJ rY .#% 1,yfIA local on -- ob no. N G I N E E R S che•;eed J '1J; d.1!a Screening Phase(Tier 1) 3.7.9 Basic Structural Checklist for Building Type C2: Concrete Shear Walls with Stiff Diaphragms This Basic Structural Checklist shall be completed where required by Table 3-2. Each of the evaluation statements on this checklist shall be marked Compliant(C),Non-compliant (NC),or Not Applicable(N/A) for a Tier I Evaluation. Compliant statements identify issues that are acceptable according to the criteria of this standard,while non-compliant statements identify issues that require further investigation. Certain statements may not apply to the buildings being evaluated. For non-compliant evaluation statements,the design professional may choose to conduct further investigation using the corresponding Tier 2 Evaluation procedure; corresponding section numbers are in parentheses following each evaluation statement. C3.7.9 Basic Structural Checklist for Building Type C2 These buildings have floor and roof framing that consists of cast-in-place concrete slabs,concrete beams,one-way joists,two-way waffle joists, or flat slabs. Floors are supported on concrete columns or bearing walls. Lateral forces are resisted by cast-in-place concrete shear walls. In older construction,shear walls are lightly reinforced but often extend throughout the building. In more recent construction, shear walls occur in isolated locations and are more heavily reinforced with boundary elements and closely spaced ties to provide ductile performance. The diaphragms consist of concrete slabs and are stiff relative to the walls. Foundations consist of concrete spread footings,mat foundations, or deep foundations. /"� Building System ( C 1 NC N/A LOAD PATH: The structure shall contain a minimum of one complete load path for Life Safety / and Immediate Occupancy for seismic force effects from any horizontal direction that serves to transfer the inertial forces from the mass to the foundation. (Tier 2: Sec.4.3.1.1) C NC41) MEZZANINES: Interior mezzanine levels shall be braced independently from the main structure, or shall be anchored to the lateral-force-resisting elements of the main structure. (Tier 2: Sec.4.3.1.3) t C I NC N/A WEAK STORY: The strength of the lateral-force-resisting system in any story shall not be less / than 80 percent of the strength in an adjacent story,above or below, for Life Safety and Immediate Occupancy.(Tier 2: Sec. 4.3.2.1) C� NC N/A SOFT STORY: The stiffness of the lateral-force-resisting system in any story shall not be less than 70 percent of the lateral-force-resisting system stiffness in an adjacent story above or below,or less than 80 percent of the average lateral-force-resisting system stiffness of the three stories above or below for Life Safety and immediate Occupancy. (Tier 2: Sec.4.3.2.2) 0 NC N/A GEOMETRY: There shall be no changes in horizontal dimension of the lateral-force-resisting system of more than 30 percent in a story relative to adjacent stories for Life Safety and Immediate �'� Occupancy,excluding one-story penthouses and mezzanines. (Tier 2: Sec.4.3.2.3) I C 1 NC N/A VERTICAL DISCONTINUITIES: All vertical elements in the lateral-force-resisting system shall ,/ be continuous to the foundation. (Tier 2: Sec.4.3.2.4) 0 NC N/A MASS: There shall be no change in effective mass more than 50 percent from one story to the next �� for Life Safety and immediate Occupancy. Light roofs, penthouses, and mezzanines need not be considered.(Tier 2: Sec.4.3.2.5) , `411/ 3 -62 Seismic Evaluation of Existing Buildings ASCE 31-03 Screening Phase (Tier 1) 'visor C N/A TORSION: The estimated distance between the story center of mass and the story center of rigidity shall be less than 20 percent of the building width in either plan dimension for Life Safety �'� and Immediate Occupancy. (Tier 2: Sec.4.3.2.6) ( C I NC N/A DETERIORATION OF CONCRETE: There shall be no visible deterioration of concrete or tea/ reinforcing steel in any of the vertical-or lateral-force-resisting elements. (Tier 2: Sec.4.3.3.4) C NC0 POST-TENSIONING ANCHORS: There shall be no evidence of corrosion or spalling in the vicinity of post-tensioning or end fittings. Coil anchors shall not have been used. (Tier 2: Sec.4.3.3.5) 0 NC N/A CONCRETE WALL CRACKS: All existing diagonal cracks in wall elements shall be less than 1/8 inch for Life Safety and 1/16 inch for Immediate Occupancy, shall not be concentrated in one location,and shall not form an X pattern. (Tier 2: Sec.4.3.3.9) /'`� Lateral-Force-Resisting System ( C NC N/A COMPLETE FRAMES: Steel or concrete frames classified as secondary components shall form a �/ complete vertical-load-carrying system. (Tier 2: Sec.4.4.1.6.1) C NC N/A REDUNDANCY: The number of lines of shear walls in each principal direction shall be greater than or equal to 2 for Life Safety and Immediate Occupancy. (Tier 2: Sec.4.4.2.1.1) CNC N/A SHEAR STRESS CHECK: The shear stress in the concrete shear walls,calculated using the Quick Check procedure of Section 3.5.3.3, shall be less than the greater of 100 psi or 2I.rc for Life Safety and Immediate Occupancy. (Tier 2: Sec.4.4.2.2.1) •; , ( C )NC N/A REINFORCING STEEL: The ratio of reinforcing steel area to gross concrete area shall be not less than 0.0015 in the vertical direction and 0.0025 in the horizontal direction for Life Safety and Immediate Occupancy. The spacing of reinforcing steel shall be equal to or less than 18 inches for Life Safety and Immediate Occupancy. (Tier 2: Sec.4.4.2.2.2) /"� Connections ( C ) NC N/A TRANSFER TO SHEAR WALLS: Diaphragms shall be connected for transfer of loads to the shear walls for Life Safety and the connections shall be able to develop the lesser of the shear strength of the walls or diaphragms for Immediate Occupancy. (Tier 2: Sec.4.6.2.1) 0 NC N/A FOUNDATION DOWELS: Wall reinforcement shall be doweled into the foundation for Life Safety, and the dowels shall be able to develop the lesser of the strength of the walls or the uplift capacity of the foundation for Immediate Occupancy. (Tier 2: Sec.4.6.3.5) 4llrr✓ ASCE 31-03 Seismic Evaluation of Existing Buildings 3 -63 Screening Phase (Tier 1) 3.7.9S Supplemental Structural Checklist for Building Type C2: Concrete Shear Walls with Stiff Diaphragms This Supplemental Structural Checklist shall be completed where required by Table 3-2. The Basic Structural Checklist shall be completed prior to completing this Supplemental Structural Checklist. /� Lateral-Force-Resisting System ( C ) NC N/A DEFLECTION COMPATIBILITY: Secondary components shall have the shear capacity to _�l develop the flexural strength of the components for Life Safety and shall meet the requirements of Sections 4.4.1.4.9, 4.4.1.4.10, 4.4.1.4.11, 4.4.1.4.12 and 4.4.1.4.15 for immediate Occupancy. (Tier 2: Sec.4.4.1.6.2) ( C l NC N/A FLAT SLABS: Flat slabs/plates not part of lateral-force-resisting system shall have continuous \-,/ bottom steel through the column joints for Life Safety and Immediate Occupancy. (Tier 2: Sec.4.4.1.6.3) C NC ( N/A COUPLING BEAMS: The stimrps in coupling beams over means of egress shall be spaced at or less than d/2 and shall be anchored into the confined core of the beam with hooks of 135°or more for Life Safety. All coupling beams shall comply with the requirements above and shall have the capacity in shear to develop the uplift capacity of the adjacent wall for immediate Occupancy. (Tier 2: Sec.4.4.2.2.3) C NC (N/A OVERTURNING: All shear walls shall have aspect ratios less than 4-to-I. Wall piers need not be considered. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.4.2.2.4) C NC N/A CONFINEMENT REINFORCING: For shear walls with aspect ratios greater than 2-to-1, the boundary elements shall be confined with spirals or ties with spacing less than 84. This statement *416111, shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.4.2.2.5) C NC N/A REINFORCING AT OPENINGS: There shall be added trim reinforcement around all wall openings with a dimension greater than three times the thickness of the wall. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.4.2.2.6) C NCf N/A WALL THICKNESS: Thickness of bearing walls shall not he less than 1/25 the unsupported height or length, whichever is shorter, nor less than 4 inches. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.4.2.2.7) Diaphragms • C� NC N/A DIAPHRAGM CONTINUITY: The diaphragms shall not be composed of split-level floors and !!! shall not have expansion joints. (Tier 2: Sec.4.5.1.1) CCi) N/A OPENINGS AT SHEAR WALLS: Diaphragm openings immediately adjacent to the shear walls shall be less than 25 percent of the wall length for Life Safety and 15 percent of the wall length for Immediate Occupancy. (Tier 2: Sec.4.5.1.4) C NCI N/A PLAN IRREGULARITIES: There shall be tensile capacity to develop the strength of the \\\\\ diaphragm at re-entrant corners or other locations of plan irregularities. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.5.1.7) C NC4/1DIAPHRAGM REINFORCEMENT AT OPENINGS: There shall be reinforcing around all diaphragm openings larger than 50 percent of the building width in either major plan dimension. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.5.1.8) 3 -64 Seismic Evaluation of Existing Buildings ASCE 31-03 Screening Phase(Tier 1) Connections C NC (N/A UPLIFT AT PILE CAPS: Pile caps shall have top reinforcement and piles shall be anchored to the pile caps for Life Safety,and the pile cap reinforcement and pile anchorage shall be able to develop the tensile capacity of the piles for Immediate Occupancy. (Tier 2: Sec.4.6.3.10) In ASCE 31-03 Seismic Evaluation of Existing Buildings 3 -65 I Screening Phase(Tier 1) 3.8 Geologic Site Hazards and Foundations Checklist This Geologic Site Hazards and Foundations Checklist shall be completed where required by Table 3-2. Each of the evaluation statements on this checklist shall be marked Compliant(C),Non-compliant (NC), or Not Applicable(N/A) for a Tier 1 Evaluation. Compliant statements identify issues that are acceptable according to the criteria of this standard,while non-compliant statements identify issues that require further investigation. Certain statements may not apply to the buildings being evaluated. For non-compliant evaluation statements, the design professional may choose to conduct further investigation using the corresponding Tier 2 Evaluation procedure; corresponding section numbers are in parentheses following each evaluation statement. • Geologic Site Hazards The following statements shall be completed for buildings in levels of high or moderate seismicity. C NC N/A LIQUEFACTION: Liquefaction-susceptible, saturated, loose granular soils that could jeopardize --.S1,.‘ the building's seismic performance shall not exist in the foundation soils at depths within 50 feet ‘ hi under the building for Life Safety and immediate Occupancy. (Tier 2: Sec.4.7.1.1) �,» C NC N/A SLOPE FAILURE: The building site shall be sufficiently remote from potential earthquake- e induced slope failures or rockfalls to be unaffected by such failures or shall be capable of ,r?, accommodating any predicted movements without failure. (Tier 2: Sec.4.7.1.2) C NC N/A SURFACE FAULT RUPTURE: Surface fault rupture and surface displacement at the building site IR is not anticipated. (Tier 2: Sec.4.7.1.3) Condition of Foundations The following statement shall be completed for all Tier I building evaluations. NC N/A FOUNDATION PERFORMANCE: There shall be no evidence of excessive foundation movement such as settlement or heave that would affect the integrity or strength of the structure. (Tier 2: Sec.4.7.2.1) The following statement shall be completed for buildings in levels of high or moderate seismicity being evaluated to the Immediate Occupancy Performance Level. C NC N/A DETERIORATION: There shall not be evidence that foundation elements have deteriorated due to corrosion, sulfate attack, material breakdown, or other reasons in a manner that would affect the integrity or strength of the structure. (Tier 2: Sec.4.7.2.2) Capacity of Foundations The following statement shall be completed for all Tier 1 building evaluations. C NC N/A POLE FOUNDATIONS: Pole foundations shall have a minimum embedment depth of 4 feet for Life Safety and Immediate Occupancy. (Tier 2: Sec.4.7.3.1) The following statements shall be completed for buildings in levels of moderate seismicity being evaluated to the Immediate Occupancy Performance Level and for buildings in levels of high seismicity. 0 NC N/A OVERTURNING: The ratio of the horizontal dimension of the lateral-force-resisting system at the foundation level to the building height (base/height) shall be greater than 0.6Sa. (Tier 2: Sec.4.7.3.2) ASCE 31-03 Seismic Evaluation of Existing Buildings 3 -119 I Screening Phase (Tier 1) ( C NC N/A TIES BETWEEN FOUNDATION ELEMENTS: The foundation shall have ties adequate to resist seismic forces where footings,piles,and piers are not restrained by beams,slabs,or soils classified as Class A,B,or C. (Section 3.5.2.3.1,Tier 2: Sec.4.7.3.3) C NCel DEEP FOUNDATIONS: Piles and piers shall be capable of transferring the lateral forces between the structure and the soil. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.7.3.4) C NCCIO SLOPING SITES:The difference in foundation embedment depth from one side of the building to another shall not exceed one story in height. This statement shall apply to the Immediate Occupancy Performance Level only. (Tier 2: Sec.4.7.3.5) 7 1 , 3 -120 Seismic Evaluation of Existing Buildings ASCE 31-03 • Screening Phase (Tier 1) r 3.9.1 Basic Nonstructural Component Checklist This Basic Nonstructural Component Checklist shall be completed where required by Table 3-2. Each of the evaluation statements on this checklist shall be marked Compliant(C),Non-compliant (NC), or Not Applicable(N/A) for a Tier I Evaluation. Compliant statements identify issues that are acceptable according to the criteria of this standard,while non-compliant statements identify issues that require further investigation. Certain statements may not apply to the buildings being evaluated. For non-compliant evaluation statements,the design professional may choose to conduct further investigation using the corresponding Tier 2 Evaluation procedure; corresponding section numbers are in parentheses following each evaluation statement. Partitions C NC N/A UNREINFORCED MASONRY: Unreinforced masonry or hollow clay tile partitions shall be braced at a spacing equal to or less than 10 feet in levels of low or moderate seismicity and 6 feet in levels of high seismicity. (Tier 2: Sec.4.8.1.1) Ceiling Systems CNC N/A SUPPORT: The integrated suspended ceiling system shall not be used to laterally support the tops 0 of gypsum board, masonry, or hollow clay tile partitions. Gypsum board partitions need not be evaluated where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.2.1) } Light Fixtures C NC (N/A EMERGENCY LIGHTING: Emergency lighting shall be anchored or braced to prevent falling during an earthquake. (Tier 2: Sec.4.8.3.1) Cladding and Glazing C NC 11110 CLADDING ANCHORS: Cladding components weighing more than 10 psf shall be mechanically anchored to the exterior wall framing at a spacing equal to or less than 4 feet. A spacing of up to 6 feet is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.4.1) t C j NC N/A DETERIORATION: There shall be no evidence of deterioration, damage or corrosion in any of �� the connection elements. (Tier 2: Sec.4.8.4.2) C NCel CLADDING ISOLATION: For moment frame buildings of steel or concrete, panel connections shall be detailed to accommodate a story drift ratio of 0.02. Panel connection detailing for a story drift ratio of 0.01 is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2.(Tier 2: Sec.4.8.4.3) C NC N/A MULTI-STORY PANELS: For multi-story panels attached at each floor level, panel connections shall be detailed to accommodate a story drift ratio of 0.02. Panel connection detailing for a story drift ratio of 0.01 is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2.(Tier 2: Sec.4.8.4.4) C NC N/A BEARING CONNECTIONS: Where bearing connections are required, there shall be a minimum of two bearing connections for each wall panel. (Tier 2: Sec.4.8.4.5) 3 - 122 Seismic Evaluation Standard ASCE 31-02 1 Screening Phase (Tier 1) sem, C NC N/A INSERTS: Where inserts are used in concrete connections, the inserts shall be anchored to reinforcing steel or other positive anchorage. (Tier 2: Sec.4.8.4.6) 0 NC N/A PANEL CONNECTIONS: Exterior cladding panels shall be anchored out-of-plane with a minimum of 4 connections for each wall panel. Two connections per wall panel are permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.4.7) 1 Masonry Veneer / NC N/A SHELF ANGLES: Masonry veneer shall be supported by shelf angles or other elements at each `"1 floor 30 feet or more above ground for Life Safety and at each floor above the first floor for Immediate Occupancy. (Tier 2: Sec.4.8.5.1) C NC N/A TIES: Masonry veneer shall be connected to the back-up with corrosion-resistant ties. The ties shall have a spacing equal to or less than 24 inches with a minimum of one tie for every 2-2/3 square feet. A spacing of up to 36 inches is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.5.2) C NC (N/A WEAKENED PLANES: Masonry veneer shall be anchored to the back-up adjacent to weakened planes,such as at the locations of flashing. (Tier 2: Sec.4.8.5.3) ( C ) NC N/A DETERIORATION: There shall be no evidence of deterioration, damage, or corrosion in any of the connection elements. (Tier 2: Sec.4.8.5.4) Parapets, Cornices, Ornamentation, and Appendages C NC N/A URM PARAPETS: There shall be no laterally unsupported unreinforced masonry parapets or i41111 cornices with height-to-thickness ratios greater than I.S. A height-to-thickness ratio of up to 2.5 is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: See.4.8.8.1) (C NC N/A CANOPIES: Canopies located at building exits shall be anchored to the structural framing at a spacing of 6 feet or less. An anchorage spacing of up to 10 feet is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.8.2) Masonry Chimneys C NC N/A URtvt CHIMNEYS: No unreinforced masonry chimney shall extend above the roof surface more than twice the least dimension of the chimney. A height above the roof surface of up to three times the least dimension of the chimney is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.9.1) Stairs C NC (N/A URM WALLS: Walls around stair enclosures shall not consist of unbraced hollow clay tile or unreinforced masonry with a height-to-thickness ratio greater than 12-to-1. A height-to-thickness ratio of up to 15-to-1 is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2. (Tier 2: Sec.4.8.10.1) C NCeill STAIR DETAILS: In moment frame structures,the connection between the stairs and the structure shall not rely on shallow anchors in concrete. Alternatively, the stair details shall be capable of accommodating the drift calculated using the Quick Check procedure of Section 3.5.3.1 without including tension in the anchors. (Tier 2: Sec.4.8.10.2) '1110✓" MIMMIMMMENNIW ASCE 31-03 Seismic Evaluation of Existing Buildings 3 - 123 I Screening Phase(Tier 1) Building Contents and Furnishing CNC N/A TALL NARROW CONTENTS: Contents over 4 feet in height with a height-to-depth or height-to- width ratio greater than 3-to-I shall be anchored to the floor slab or adjacent structural walls. A height-to-depth or height-to-width ratio of up to 4-to-I is permitted where only the Basic Nonstructural Component Checklist is required by Table 3-2.(Tier 2: Sec.4.8.1 1.1) Mechanical and Electrical Equipment CNC N/A EMERGENCY POWER: Equipment used as part of an emergency power system shall be mounted to maintain continued operation after an earthquake. (Tier 2: Sec.4.8.12.1) C NC0 HAZARDOUS MATERIAL EQUIPMENT: HVAC or other equipment containing hazardous material shall not have damaged supply lines or unbraced isolation supports. (Tier 2: Sec.4.8.12.2) NC N/A DETERIORATION: There shall be no evidence of deterioration, damage, or corrosion in any of CC")0 the anchorage or supports of mechanical or electrical equipment. (Tier 2: Sec.4.8.12.3) NC N/A ATTACHED EQUIPMENT: Equipment weighing over 20 lb that is attached to ceilings,walls,or other supports 4 feet above the floor level shall be braced. (Tier 2: Sec.4.8.12.4) /"� Piping ( C ) NC N/A FIRE SUPPRESSION PIPING: Fire suppression piping shall be anchored and braced in �/ accordance with NFPA-13(NFPA, 1996). (Tier 2: Sec.4.8.13.1) C NC N/A FLEXIBLE COUPLINGS: Fluid, gas, and fire suppression piping shall have flexible couplings. (Tier 2: Sec.4.8.13.2) Hazardous Materials Storage and Distribution C NC N/A TOXIC SUBSTANCES: Toxic and hazardous substances stored in breakable containers shall be restrained from falling by latched doors,shelf lips,wires,or other methods. (Tier 2: Sec.4.8.15.1) 3 -124 Seismic Evaluation of Existing Buildings ASCE 31-03 Screening Phase(Tier 1) *iitsre 3.9.2 Intermediate Nonstructural Component Checklist This Intermediate Nonstructural Component Checklist shall be completed where required by Table 3-2. The Basic Nonstructural Component Checklist shall be completed prior to completing this Intermediate Nonstructural Component Checklist. Ceiling Systems C NC0 LAY-IN TILES: Lay-in tiles used in ceiling panels located at exits and corridors shall be secured with clips. (Tier 2: Sec.4.8.2.2) CNC N/A INTEGRATED CEILINGS: Integrated suspended ceilings at exits and corridors or weighing more than 2 pounds per square foot shall be laterally restrained with a minimum of four diagonal wires or rigid members attached to the structure above at a spacing equal to or less than 12 feet. (Tier 2: . Sec.4.8.2.3) C NC0 SUSPENDED LATH AND PLASTER: Ceilings consisting of suspended lath and plaster or gypsum board shall be attached to resist seismic forces for every 12 square feet of area. (Tier 2: Sec.4.8.2.4) Light Fixtures C NC N/A INDEPENDENT SUPPORT: Light fixtures in suspended grid ceilings shall be supported independently of the ceiling suspension system by a minimum of two wires at diagonally opposite corners of the fixtures. (Tier 2: Sec.4.8.3.2) Cladding and Glazing limie C NC GLAZING: Glazing in curtain walls and individual panes over 16 square feet in area,located up to a height of 10 feet above an exterior walking surface, shall have safety glazing. Such glazing located over 10 feet above an exterior walking surface shall be laminated annealed or laminated heat-strengthened safety glass or other glazing system that will remain in the frame when glass is cracked. (Tier 2: Sec.4.8.4.8) Parapets, Cornices,Ornamentation, and Appendages C NC (N/A CONCRETE PARAPETS: Concrete parapets with height-to-thickness ratios greater than 2.5 shall / have vertical reinforcement. (Tier 2: Sec.4.8.8.3) 0( C J NC N/A APPENDAGES: Cornices, parapets, signs, and other appendages that extend above the highest / point of anchorage to the structure or cantilever from exterior wall faces and other exterior wall ornamentation shall be reinforced and anchored to the structural system at a spacing equal to or less than 10 feet for Life Safety and 6 feet for immediate Occupancy. This requirement need not apply to parapets or cornices compliant with Section 4.8.8.1 or 4.8.8.3.(Tier 2: Sec.4.8.8.4) Masonry Chimneys C NC N/A ANCHORAGE: Masonry chimneys shall be anchored at each floor level and the roof.(Tier 2:Sec. 4.8.9.2) ASCE 31-03 Seismic Evaluation of Existing Buildings 3 - 125 Screening Phase(Tier 1) Mechanical and Electrical Equipment C (NC ) N/A VIBRATION ISOLATORS: Equipment mounted on vibration isolators shall be equipped with restraints or snubbers. (Tier 2: Sec.4.8.12.5) Ducts C NC41) STAIR AND SMOKE DUCTS: Stair pressurization and smoke control ducts shall be braced and shall have flexible connections at seismic joints. (Tier 2: Sec.4.8.14.1) Nod 3 - 126 Seismic Evaluation of Existing Buildings ASCE 31-03 CITY OF RENTON COUNCIL AGENDA BILL AI#: a Submitting Data: Planning/Building/Public Works For Agenda of: July 9, 2007 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Gong Short Plat (LUA06-141). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is a 15' corner radius, approximately 51 sq. ft., at the corner of Jones Ave NE and NE 24th St. This dedication is to comply with City of Renton code for new short plats and the Gong Short Plat(LUA06-141). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2007\Gong SHPL 02m AGNBILL.doc • Return Address: 'erre City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 3343903640 ^� Project File#: LVA 06-141. SHPL-A Street Intersection:NF 24t5 Street and Jones Ave NFl Reference Number(s)of Documents assigned or released:Additional reference numbers arc on page-- Grantor(s): Grantee(s): 1. Kenneth and Monica Gon_ 1. Ci of Renton,a Munici•al Cor.oration LEGAL DESCRIPTION: (Abbreviated or JO legal must go here. Additional legal on page ) 295 HILLMANS LK WN GARDEN OF EDEN #4 S 95 FT OF W 134 FT TGW N 25 FT OF S 120 FT OF E 36 FT OF W 134 FT OF SD LOT The Grantor, for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the(irantee(s)as NSW named above, the above described real estate situated in the County of King.State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written belovti___Approed and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor _^— ---- City Clerk ----�- --�INDtl MIA], FORM OF STATE OF WASHINGTON )SS ;1C'ANO{1iEDG,1lENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument an.1 acknowledged it to he his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: ---------------- -------------- Dated: `ire I-ltbrms/xxxFRM/AGREE/FORM DEED.DOC\R Page 1 Ft ii M ill U!bil/bli 44411104 Project: Gong Short plat Exhibit A WO#77675 PID Legal Description GRANTOR: Kenneth&Monica Gong Street: 2402 Jones Ave NE COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M; THENCE NORTH 89°07'11" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M AND THE CENTERLINE OF NORTHEAST 24TH STREET A DISTANCE OF 45.40 FEET; THENCE NORTH 00°33'54" EAST TO A POINT ON THE NORTHERLY MARGIN OF NORTHEAST 24TH STREET A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°07 '11" WEST ALONG THE NORTHERLY MARGIN OF NORTHEAST 24TH STREET A DISTANCE OF 15.38 FEET; THENCE NORTH 00°33'54" EAST ALONG THE EASTERLY MARGIN OF JONES AVENUE NORTHEAST A DISTANCE OF 15.38 FEET TO A POINT OF CURVATURE FROM WHICH THE RADIUS POINT BEARS SOUTH 89°26'06" EAST 15.00 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 15.00 FEET AND THROUGH A CENTRAL ANGLE OF 91°26'43" TO THE TRUE POINT OF BEGINNING. Area of corner radi us to be dedicated i s 51 s . f . Illorms/xxxIIZM/AGREE/FORM DEED.DOC\R Page 2 FORM 04 OW Nitre Map Exhibit NE 1/4, SEC. 05, T. 23 N., R. 05 E., W.M. 1 1 I 1 ,PCC j X,C NOUSE I 1 - J 1 L z , : It 1 F, Hl zlf z 33Se N99'9,r�'E 1 , ' 1z,zat:. : z 1 s-- I 1 ; 3si S n I 8 ..52 Eorxr F , I z� ,9ePF 0Trz I_tea orb ti air i'E 1f_ r�,me rar NE ,�.aM, _ — DEOKF AE,ONrECqr _ _ _ is ash'ST — _ _ _ _-- 13 I 3, AI GUAM Mill NORTH I 1 Hfornu/xxxFRM/AGREE/FORM_DEED.DOC\R Page 3 FORM 041)00 libh PLEASE i YPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT 3 his form is your receipt CHAPTER 82 45 RCW-CHAPTER 458-61 WAC when stamped by cashier FOR USE AT COUNTY REASt1RER'S OFFICE (Use Form No 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Rei enuel THIS AFFIDAVIT WILL NOT HE ACCEPTED UNLESS ALL AREAS I-7 ARE FULLY COMPLETED Nage Name Kenneth and Monica Gong U Name City of Renton,a Municipal Corporation --, xi a 2224 Kennewick PL.NE r z 1055 South Grady Way l:.J 5ll eet ;�-f Street cry;Slare,zip Renton,WA 98056-2295 City/State/Zs', Renton Wa(8055 ADDRESS TO SEND ALL PROPER r1'TAN RELA'I ED CORRESPONDENCE ALL TAS PARCEL NUMBERS LOISIS'1614SIISLRO (I _ }SSr.SSI D s rLI F IF'I 5X Es nip r Name Portion of tax parcel#(s) Street (same as Grantor information) 3343903640 City/Stale/Lip J © LEGAL DESCRIPT ION OF PROPERTY SITUATED IN IJ UNINCORPORATED COUNTY $OR IN Ci FY OF Renton Street Address(if property is improved) 2402 Jones Ave NE 295 HILLMANS LK WN GARDEN OF EDEN#4 S 95 FT OF W 134 FT TGW N 25 FT OF S 120 FT OF E 36 FT OF W 134 FT OF SD LOT ® Is this property currently YES NO 6 Description of personal property Included in gross selling price,both tangible leg,furniture,equipment,etc I or intangible leg, goodwill, Classified or designated as forest land' ❑ agieement not to compete,etc I Chapter 54 33 RCW Classified as cunent use land(open space,tams ri and agricultural.or timber)?Chapter 84 34 RCW Exempt from property tax as a nonprofit ❑ j If exemption claimed,list WAC number and explanation organization',Chapter 84 36 RCW 458-61A-205 WAC No (Sec/Sub) Seller's Exempt Reg No Receiving special valuation as historic ❑ • Explanation Transfer to government for public purposes property?Chapter 84.26 R('14' Property Type: •land only t: land with new building f land with pi used building Ty to of Document Deed of Dedication 1 n land vv rth mobile home E timber only 0 building only Date of Document - Principal Use: 0 Apt (44-unit) Li residential I I timber Gross Selling Price S 0.00 n agncultmxl 1 cummerciaUindustnal g other Personal Property(deduct) S 8 (I)NO1 iCE OF CONTINUANCE(RCW 84 33 OR RCW 84 34) Taxable Selling Price $ If the new owner(s)of land that is classified or designated as current use Excise Fax State $ or forest land wish to continue the classification or designation of such Local $ land,the new owner(s)must sign below.If the new owner(s)do not desire Delinquent interest State .$ to continue such classification or designation,all compensating or S additional tax calculated pursuant to RCW 84 33 120 and 110 or RCW Local 84 34.108 shall be due and payable by the seller or transferor at the rime Delinquent Penalty' of sale'I he county assessor must determine ifthe land transferred Dotal Due $ 0 00 qualifies to continue classification or designation and must so indicate below Signatures do not necessanl}mean the land will remain m A N4ININIUM OF 5_00 IS DUI•AS A PROCESSING('I E SND l A\ classification or designation If it no lunger qualifies,it will be removed 7 ArroD A VI r and the compensating taxes will be applied.All new owners must sign I Certify finder Penalty of Penury Under The Laws of T he Slate of This land ❑does ❑does not qualify for continuance Washington That The Foregoing Is Tnie And Correct (See hack of this form) Date_ DEPUTY ASSESSOR Signature of Grantor/Agent (2) NOl ICE OF COMPLIANCE(Chapter 84 26 RCW) If the new owner(s)ofpiopeny with special valuation as historic property Name(print) wish to continue this special valuators the new owner(s)must sign below. Date and Place of Signing If the new owner(s)do not desire to continue such special valuation,all additional tax calculated pursuant to Chapter 84 26 RCW,shall be due Signature of and payable by the seller or transferor at the time of sale Grantee/Agent (3) OWNER(S)SIGNATURE Kathy Keolker,Mayor(print) Renton Date&Place of Signing. Perjury:Perjury is a class C felony which is punishable by Imprisonment in the state ainectional institution for a maximum tern of not inure than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars(85,000 00),or by both imprisonment and fine(RCW 9A.20 020(ICI) REV 840001a(3-I8 96)(PD4-05-00) FOR TREASURER'S USE ONLY []COUNTY TRF'.ASIJREII [WEPT OF REVENUE ['COUNTY ASSESSOR []TAXPAYER 007. 30 0 15 SCALE: 1 INCH = 30 FT. 1116111d11111111 PORTION OF THR NE 1/4, SEC. 05, T. 23 N., R. 05 E., W.M. N I (0 ID USE NO. LUA-06-141 -SHPL Oo 0 ID RECORD NO. LND-20-0472 e,e, z / 04,4 co0 41 � � fay A Co 2°01 i i eiet) CD 0 NE 30TH ST. 49:kk. I Q } Q3 NE 28TH ST. QOr 0 NE 27TH ST. C C .4 G lZONE 20F Z SITE • Z Lll U ElQ ND ARE W r-- W CITY OF ° "' Z t Z w L W 1ENDED BY Q Y a c SOURCE OF . w HALLOW Z 0 Z IERE IS NO Y �' ` R TABLE AND NE 24TH ST. _ OULD BE E 1Ulr` O ;T FROM IIi IT IS THE �� VICINITY MAP lit NTS E VECT THE Ccrrc . REPORT City of Renton Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION REPORT DATE: December 15, 2006 Project Name Gong Short Plat Owner: Kenneth Gong 2224 Kennewick PI. NE Renton, WA 98056 Contact: Muhammad K. Jalalyar MRK Engineering 14218 SE 10th St. Bellevue, WA 98007 File Number LUA06-141, SHPL-A Project Manager Valerie Kinast, Associate Planner Project Description The applicant is requesting administrative short plat approval of the subdivision of an existing 13,626 sq. ft. (0.31 acre) lot into two lots. The zoning designation is Residential—8 dwelling units per acre (R-8) and the resulting density would be 6.45 du/acre. The existing 966 sq. ft. single-family residence would be retained on Lot 2. Lot 1 would be 7,926 sq. ft. and have access from Jones Ave. NE. Lot 2 would be 5,648 sq. ft. and have access from NE 24th St.. There are no known critical areas on the site. A total of 6 trees on site and 3 trees in the right-of-way were proposed for removal, and were cut down shortly after the applicant submitted for short plat review. Project Location 2402 Jones Avenue North L'',,,---7 :i.-7*,::: --, , , SITE u'''', ',,,i''*;,'. ',,,,,,-t-l:- -fit ,r p--3 . ;, r ," (=-14--s4,'-,;',l7.„.4, '4 :i= a. ''''''''-4&� -', 4w M " "t , �,, vir'..,..,0„, ,„.. it-pr-m-, ,E7w..- 'il ,.�" 3r /�+�4 f..4-7) ' .1' �. ems, .+� r V joii. tt ,Yi" „,," .20,',.44'”? 5 ar S.'."a�g? "+=72;',A. F,tet,.; F'�.�." 'ai. " r, i,:,.. .r` g`. . k may. x i is >: t.., ,--r,..i.,--= 4 , :- .,-,,,, 44 : , ` . -• F . 'A -ase-r. - ' `.I..0 Project Location Map Adm,n Report 06-141(Inc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Kenneth Gong 2224 Kennewick PI. NE Renton, WA 98056 2. Zoning Designation: Residential—8 du/ac(R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family(RSF) 4. Existing Site Use: The site has a single-family residence that would remain 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zoning) East: Single Family Residential (R-8 zoning) South: Single Family Residential (R-8 zoning) West: Single Family Residential (R-8 zoning) 6. Access: Jones Avenue NE and NE 24th Street 7. Site Area: 13,626 square feet/0.31 acres C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 1804 12/16/1959 D. PUBLIC SERVICES: 1. Utilities Water: This site is served by the City of Renton water and is located in the 435 Water Pressure Zone. There is an existing 12-inch A. C. watermain in NE 24th St. See City of Renton water drawing W345 for details. There is an existing 12-inch watermain in Jones Ave NE. See City of Renton water drawing W1134 for details. Sewer: There is an existing 8-inch sanitary sewer main NE 24th St. There is an existing 8-inch sanitary sewer main Jones Ave NE. Surface Water/Storm Water: This project lies in the Lake Washington East drainage basin. There are existing storm drainage facilities in NE 24th St. The site is located in the Aquifer Protection Zone 2. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards Nod 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Single Family 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing to subdivide an existing parcel into two new lots for eventual construction of an additional detached single-family house. The existing house would be retained on Lot 2. The site is 0.31 acres (13,626 square feet) and zoned Residential — 8 dwelling units per acre (R-8). Two lots on the site would result in a residential density of 6.45 units per acre. Lot 1 would be 7,926 square feet and Lot 2 would be 5,648 square feet in size. Lot 1 would access from Jones Avenue NE and Lot 2 would continue to access from NE 24th Street. The site slopes approximately 5% upward from Jones Avenue NE east. The soils underlying the lot are Alderwood (AgC). The applicants' engineer has proposed to convey roof runoff via downspout away from the house, directing flow through the vegetated areas. Approximately 300 CY of fill are proposed. A conceptual landscape plan was submitted showing a proposed five-foot wide landscape strip along the Jones Avenue NE and NE 24th Street frontages of the site. The plan also shows two new trees in the front yard area of each lot, except that one is in the rear yard of Lot 1. A tree retention plan shows removal of all nine significant trees on or in front of the site. The owner of the sit has had all trees removed prior to review and approval of this short plat, in violation of the Tree Cutting ant>rd, Land Clearing Regulations. This is further addressed in Section 5.c. Community Assets below. A consulting biologist, Thomas W. Waller, Jr., verified that there are no critical areas on the site. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the short plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended to be used for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to,4001 enhance and improve the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 4 Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units ;o, per acre in Residential Single Family neighborhoods. The proposed project for two lots would arrive at a net density of 6.45 dwelling units per net acre, which is within the allowable density range. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. The proposed project site is less than an acre in size. All of the proposed lots are equal to or exceed the minimum lot size of 5,000 square feet. Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. The proposed new lots would meet the required lot size, width, and depth requirements. There would be adequate space to meet setbacks to create sufficient front, rear, and side yard areas. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. The site would be divided into two rectangular lots that are similar in size, orientation and building envelopes to other development in the neighboring area. Approval of this application would not decrease the quality of life for residents in the immediate vicinity. Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. Noir The proposed short plat would subdivide an existing parcel into two lots. The existing residence would be retained, and one new single-family dwelling could be constructed. Adding one new home would contribute to updating the housing stock in the existing neighborhood. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of an additional single-family dwelling unit. In the single family residential zones, no accessory structures are allowed on lots that do not have a primary structure. The existing detached garage on the subject site would be located alone on proposed Lot 1 if it were not removed. For this reason staff recommends that the applicant be required to remove the detached garage prior to short plat recording. The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. The short plat would require the dedication of 51 square feet for the corner radius, which must be deducted from the lot area to reach the net density of the short plat (13,626 sq. ft. —51 = 13,575 sq. ft. or 0.31). Based on two lots, net density would be 6.45 (2 units/0.31 acres) dwelling units per acre, which is within the allowable density range for the R-8 zone. The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage and the rear yard is 20 feet. The existing house does not meet its rear yard setback requirement, the attached carport is not at least 20 feet from the rear lot line. But short platting of the property would not exacerbate the non-conformance. If the house were to be removed, there would be adequate space for the required setbacks while leaving enough room for a reasonably sized building pad. Lot 1 would also be of adequate size to meet setbacks. Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006;PROJECT LUA06-141,SHPL-A Page 5 The allowed lot dimensions for the R-8 zone are a minimum lot width of 50 feet for interior lots, F;^ feet for corner lots and a minimum lot depth of 65 feet. As proposed, Lot 1, a corner lot, would 79.62 feet wide and 68.62 feet deep, meeting the lot dimension requirements. Lot 2, an interior I would be 50 feet wide and 95 feet deep, increasing to 120 feet deep. The lots would thus meet the minimum lot dimensions. Lot 1 would front on Jones Avenue NE and Lot 2 would front on NE 24th Street. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and lots 5,000 square feet or less are allowed a maximum of 50 percent lot coverage. The lot coverage of proposed Lot 2 with the existing house, attached carport and shed could not exceed the lot coverage limit. The lot coverage for the new lots would be verified at the time of building permit review. The parking regulations require that detached or semi-attached dwellings provide at minimum two off-street parking spaces. As proposed, each lot would have adequate area to provide two off- street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. c) Community Assets The development standards of the R-8 zone require all short plats to provide a 5-foot landscaped strip along all non-arterial public streets as a visual amenity. The applicant will be required to install a 5-foot landscaped strip along N 26th Street and Meadow Avenue N. In addition, the applicant will be required to plant two ornamental trees within the 15-foot front yard setback area for the proposed lots. Deciduous trees must have a minimum caliper of 1-1/2 inches and conifers must be 6 — 8 feet in height. A landscape plan was submitted as part of the proposed land use application showing the two new trees per lot and the 5-foot landscape strip. The proposed landscaping would meet the requirements for the project, except that the new ornamental tree that was placed at the rear corner of proposed Lot 1 would need to be moved to the front yard area to meet the requirement. This must be illustrated in a landscape plan at the time of application fr building permits. The Tree Cutting and Land Clearing Regulations require that existing trees be maintained to the maximum extent feasible when a lot is developed (RMC 4-4-130H4). A policy determination clarifies that 25% of all trees must be retained and protected during subsequent construction. Only if there is sufficient reason to remove the trees, may the 25% be replaced by 2-inch caliper trees. The applicant submitted a tree cutting plan showing removal of all nine significant trees on or in front of the site. Three are in the right-of-way and six are on the site. Four are located well outside of the buildable area of the lot where they could be retained. Two of these are very large, 24-inch caliper, mature coniferous trees. Regrettably, the owner had all trees removed after submitting the application for short plat review. Staff observed the last of the trees being cut on November 15, 2006 on a site visit. Removal of the trees was in violation of RMC 4-4-130H4 and the tree retention policy of the City. The applicant was informed of these requirements clearly in writing and verbally at the pre-application meeting of September 14, 2006. The clearing of the site was done prior to approval of the plans, which would very likely have been required to be revised to include retention of three of the large (24-inch caliper) coniferous trees along Jones Avenue NE. RMC 4-4-140J4 enables the City to require replacement of all trees removed in violation of the tree cutting regulations with trees that are of equal size to the removed trees, or at least 3-inch caliper. In order to meet the intent of the Renton Municipal Code tree regulations to "preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees," staff recommends as a condition of short plat approval, that the applicant be required to replace three of the removed trees with 10 to 12-foot Douglas Firs, Western Hemlocks or Western Red Cedars. These trees should be planted at the front of the lot near where they were removed. Because the trees were cut in violation of the tree retention regulations, they should be required to be replanted prior to recording of the short plat. d) Compliance with Subdivision Regulations Streets: The Gong Short Plat fronts on Jones Ave. NE and NE 24th Street, which are residential streets. The subdivision regulations and street standards require full street improvements for all rights-of-way adjacent to developments. This includes any necessary dedication of right-of-way Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 6 and the installation of curbs, gutters, and sidewalks. The applicant may request to have the City waive the sidewalk construction, and if it is granted, the owner would pay a fee in lieu of constructing the improvements. If the applicant chooses to pay the fee, this must be done at the time of application for utilities construction permits. Otherwise the improvements must be constructed. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. One new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at$717.75 ($75.00 x 9.57 trips)and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. Each lot is rectangular in shape. Lot 1 would have its front yard along Jones Ave. NE and Lot 2 would have its front yard along NE 24`h St. The minimum lot size for parcels less than one acre in the R-8 zone is 5,000 square feet. Lot 1 would be 7,926 sq. ft. and Lot 2 would be 5,648 sq. ft., which would meet the minimum lot size requirements. The dimensions of the proposed lots meet the minimum width and depth requirements (see discussion under Compliance with the Underlying Zoning Designation above) and are compatible with other existing lots in this area under the same R-8 zoning classification. In addition, the lots appear to contain adequate building areas for the construction of suitable single- family residences when taking setbacks and lot coverage requirements into consideration. These requirements will be reviewed at the time of building permit application. The size, shape, orientation and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the Development Standards of the R-8 zone. e) Reasonableness of Proposed Boundaries Access: Lot 1 would access from Jones Avenue NE and Lot 2 would access from NE 24th Street. Topography:The site slopes approximately 5% upward from Jones Avenue NE east. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning map. The proposal is for one additional lot, which complies with the density allowed in the R-8 zone. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourages residential infill development. f) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 for the Gong Short Plat and is payable prior to the recording. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in zero additional students (0.44 X 1 new lot = 0.44 rounded down) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal. `owe Storm Water. Development of the site may result in increased surface water flow, but due to the limited scope of the proposal, storm water detention or water quality treatment would not be triggered under the 1990 King County Surface Water Manual. A drainage narrative was submitted. Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 7 All surface water improvements including, but not limited to: conveyances, roof drains, yard drain- driveway crossings and any frontage improvements are required to meet City of Renton standar The runoff from the new houses must be tightlined into the storm drainage system. A Surface Water System Development Fee is required upon development of the site, and will be charged at the current rate of $759.00 per new single-family lot. The fee is payable prior to the issuance of the utility construction permit. To control the runoff impact during site preparation and grading, staff recommends that the applicant be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. Wafer and Sanitary Sewer Utilities: Water service is provided to the site by the City of Renton. The site is located in the 435 Water Pressure Zone. There is an existing 12-inch A. C. watermain in NE 24th St. (See City of Renton water drawing W345 for details.) There is an existing 12-inch watermain in Jones Ave NE. (See City of Renton water drawing W1134 for details.) The required fire flow for single-family residences is 1,000 gpm, and a fire hydrant is required to be located within 300 feet of all single-family residences. If houses exceed 3,600 square feet, including the garage, fire flow increases to 1,500 gpm and two hydrants will be required. A 5-inch quick- disconnect fitting will be required to be installed on existing hydrants counted as fire protection if not already in place. Separate water service stubs must be provided to each building lot prior to recording of the short plat. Separate permits will be required for this. A Water System Development Charge must be paid based on a rate of $1,956.00 for each new single-family lot. The estimated fee of the Gong Short Plat is $1,956.00, with credit given for the existing home. Payment of this fee will be required prior to issuance of utility construction permit. Sewer service is also provided by the City of Renton. There is an existing 8-inch sanitary sewer main NE 24th St. There is an existing 8-inch sanitary sewer main Jones Ave NE. All short plats are required to provide a separate sewer stub to each lot prior to recording of the short plat. A separate permit is required. Minimum slope required for side sewers is 2%. Dual side sewers ar€ not allowed. A Sanitary Sewer System Development Charge must be paid based on a rate of $1,017.00 per new single-family lot. The estimated fee for the Gong Short Plat is $1,017.00, with credit given for the existing home connected to sewer. Payment of this fee will be required prior to issuance of utility construction permit. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Gong Short Plat, File No. LUA06-141, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF) land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential Single Family-8 (R-8) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single Family (zoned R-8), East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Residential Single Family(zoned R-8). 7. Setbacks: The proposed lots allow adequate space to meet the required setbacks in the R-8 zone and provide reasonable buildable area for future houses. Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 8 8. Tree Cutting and Land Clearing: The applicant violated the Tree Cutting and Land Clearing regulations by cutting down nine trees on his property and in the right-of-way without approval after submitting for short plat review. 9. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 10. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lots. Conclusions: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. 5. The proposed two lot short plat will be in compliance with the Tree Cutting and Land Clearing regulations if the condition of approval requiring replanting of three trees is complied with. J. DECISION: The Gong Short Plat, File No. LUA06-141, SHPL-A, is approved subject to the following conditions: *titare 1. The applicant shall obtain a demolition permit and complete all inspections and approvals for the detached garage prior to the recording of the final short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. 2. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of construction or building permits. 4. The applicant shall replace three of the trees that were removed without prior approval with 10 to 12- foot Douglas Firs, Western Hemlocks or Western Red Cedars. The trees shall be planted at the front of the lot near where they were removed. They must be planted prior to short plat recording. The trees must be protected from damage during the construction and building phases of the project. 5. The applicant shall pay the required Fire Mitigation Fee based on the rate of$488.00 per new single- family lot with credit given for the existing residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: 'err Gregg A. m er an, P/B/PW Administrator Decision date Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 9 TRANSMITTED this 15th day of December, 2006 to the Owner: Kenneth Gong 2224 Kennewick PI. NE Renton, WA 98056 TRANSMITTED this 15th day of December, 2006 to the Contact: Muhammad K. Jalalyar MRK Engineering 14218 SE 10th St. Bellevue, WA 98007 TRANSMITTED this 15e'day of December, 2006 to the Parties of Record: N/A TRANSMITTED this 15th day of December, 2006 to the following: Larry Meckling, Building Official Larry Rude, Fire Marshal Neil Watts, Development Services Director Jennifer Henning,Principal Planner Jan Conklin, Development Services Carrie Olson, Development Services King County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.0.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior r the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if th Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on January 2, 2007. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. Please start the dedication of the radius process as soon as possible to avoid delays in having the short plat recorded. Also apply for the deferral of sidewalk and other improvements(fee-in-lieu of)as soon as possible, if you are not planning on constructing them. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 3. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 2. Fire department access roads are required to be paved to a width of at least 20 feet. 3. Street addresses shall be visible from a public street. Admin Report 06-141.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 15,2006; PROJECT LUA06-141,SHPL-A Page 10 Plan Review—Water yam, 1.This project is required to provide individual water service to the new lot. 2. All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. The fire hydrants must meet all current City of Renton standards.Fire flow requirement for single-family residences is 1,000 gpm. One hydrant is required within 300 feet of all structures. If houses exceed 3,600 square feet, fire flow increases to 1,500 gpm and two hydrants will be required. 3. All fire hydrants must be capable of delivering a minimum of 1,000 GPM. 4. Water System Development Charges of$1956 per each new lot will be required for this project. These fees are collected prior to the issuance of a construction permit and prior to the recording of the short plat. Plan Review—Sanitary 1. This project is required to provide individual sanitary sewer service lines from the main to the property line to serve the new lots. 2. Dual sidesewers are not allowed. 3. The applicant is responsible for securing the necessary easements to serve this plat with sanitary sewer. 4. This parcel is located in the West Kennydale Special Assessment District. This fee is $1050 per new lot. These fees shall be paid at the time a construction permit is issued and prior to recording the short plat. 5. This parcel is located in the Jones Ave Special Assessment District(SAD 8402). This fee is $5332.58. This fee shall be paid at the time a construction permit is issued and prior to recording the short plat. 6. System Development Charges (SDC) are $1017 per each new connection. These fees are collected at the time a construction permit is issued and prior to recording the short plat. Plan Review—Surface Water 1. The scope of this proposed two lot short plat would not trigger storm water detention or water quality treatment under the 1990 KCSWDM. A drainage narrative was submitted. All other surface water improvements including, but not limited to: conveyances, roof drains, yard drains, driveway crossings and any frontage improvements are required to meet City of Renton standards. The runoff from the new houses must be tightlined into the storm drainage system. ,. 2. The Surface Water System Development Charges of$759 per each new lot applies to the proposed project. The Development Charges are collected as part of the construction permit. Plan Review-Transportation 1. NE 24th St. and Jones Ave. NE adjacent to the site shall be improved with curb, gutter, sidewalks and paving along the frontage of the parcel being developed. 2. Per City code all lot corners of dedicated public rights-of-way shall have minimum radius of fifteen feet. 3. Projects that are 2 -4 residential lots in size are not required to install street lights. 4. Traffic Mitigation fees of$717.75 shall be paid prior to recording the short plat . 5. All new electrical, phone and cable services and lines must be undergrounded. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. Plan Review—General 1. All required utility; drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two of the City of Renton Horizontal and Vertical Control Network. 3. Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first$100,000 of the estimated construction costs; 4% of anything over$100,000 but less than $200,000, and 3% of anything over$200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. Admin Report 06-141 doc C4 - 32 T24N R5E W 1/2 1 R-8 I I R-8 R-8 N 28th P1 R-8 R-8 l'j\ l'\-° \--------- , - R-8 1 N 28th St •, , R-8 00. R-8 1 R-8R-B V_______ Nei110 \ . , R-8 R-4 \ , ‘1--Th--- --Y Z cl \ . \ . (13 \ .. R-4 \ . — \ ' -AI 2Nh '1‹.. 13 1 \ . 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Administration July 9, 2007 Staff Contact Gregg Zimmerman (x-7311) Agenda Status Consent X Subject: Public Hearing.. SR 169 Improvement Project: Road Right-of-Way and Correspondence.. Slope Easement Purchase and Sale Agreement at 1915 Ordinance SE Maple Valley Highway Resolution Old Business X Exhibits: New Business Issue Paper Study Sessions Road Right-of-Way and Slope Easement Purchase and Information Sale Agreement Exhibits D and E, Project Schematics Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: (317.012175.016.5950) , Expenditure Required... $514,800 Transfer/Amendment Amount Budgeted $514,800 Revenue Generated $232,000 (approx. WSDOT share) Total Project Budget $5,900,000 (2007) City Share Total Project.. $194,000 (2007) SUMMARY OF ACTION: The City of Renton intends to construct improvements along SR 169 between 140th Way SE and I-405 (TIP project# 49). These improvements include roadway widening east of the SR 169/I- 405 interchange and improvements to the interchange's northbound on-ramp and the eastbound off ramp. Acquisition of right-of-way and a slope easement from the property at 1915 SE Maple Valley Highway is necessary to construct this project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Road Right-of-Way and Slope Easement Purchase and Sale Agreement, and approve the purchase of the subject right-of-way and slope easement. Cc: Peter Hahn Robert Hanson Robert Lochmiller Rentonnet/agnbill/ bh tiCY Oet\ PLANNING/BUILDING/ ; ♦ PUBLIC WORKS DEPARTMENT ��N�� MEMORANDUM DATE: June 27, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: --1C Kathy Keolker, Mayor --1.0 tt" `' FROM: Gregg Zimmerman ; , ' "' r"7 STAFF CONTACT: Gregg Zimmerman (x-7311) SUBJECT: SR-169 Project Road Right-of-Way and Slope Easement Purchase and Sale Agreement ISSUE: Should the Council authorize the Mayor and City Clerk to execute the SR 169 Project Road Right-of-Way and Slope Easement Purchase and Sale Agreement, and approve the r purchase of the subject right-of-way and slope easement? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the SR 169 Project Road Right-of-Way and Slope Easement Purchase and Sale Agreement, and approve the purchase of the subject right-of-way and slope easement. BACKGROUND: The SR 169 HOV Improvements, 140t11 Way SE to 1-405 (project # 49 in the TIP) will provide significant improvements to portions of the congested SR 169 corridor. Phase 2 of the project, to be constructed in 2007-2008, will construct queue jumps and bypass lanes that provide transit priority in area of the I-405 on ramps. Phase 2 will also widen the roadway east of the interchange approach, and will widen and improve the northbound on ramp from SR 169 to I-405 and the eastbound off-ramp from 1-405 to SR 169. The widening of SR 169 in the vicinity of the I-405 interchange requires that land for right-of-way be purchased and a slope easement be obtained from the property located at 1915 SE Maple Valley Highway. This property is owned by the AnMarCo Company, and is the previous site of the Stoneway concrete batch plant. — h:\division.s\admin\gregg\169issue paper.doc SR 169 Project Purchase and Sale Agreement Page 2 of 2 June 27,2007 The City appraised the value of the property pursuant to the requirements of WSDOT Local Agency Guidelines (LAG), and has made an offer to AnMarCo in the amount of the appraisal, $514,800. AnMarCo has accepted this offer, and we have drawn up the Road Right-of-Way and Slope Easement Purchase and Sale Agreement in order to establish terms and execute the transaction. In addition to establishing the terms and conditions of the property sale, the Agreement provides that AnMarCo will perform a voluntary clean up to remove contaminants from the soil prior to the purchase closing date. AnMarCo is in the process of providing soil remediation and contaminant removal on the whole property pursuant to MTCA standards and the site clean up and closure provisions of the City's Aquifer Protection Ordinance. The City's original concept for this project is shown on Exhibit E. WSDOT has worked with the City to modify and enhance the project by adding a right-turn/merge lane at the Cedar River Park entrance (Exhibit D, change shown in bubble). This widening required that more right-of-way be acquired. WSDOT has agreed to reimburse the City for the cost of purchasing this additional right-of-way(approximately$232,000 of the$514,800 cost). As part of the City's 2007 budget amendment ordinance, $5,870,000 was carried forward into the budget account for this project, creating a total 2007 amended budget of $5,900,000. The purchase price of the property is $514,800, meaning there are sufficient funds available for this purchase. Of the $5,900,000 available for this project, $2,500,000 is from the adopted State legislative transportation budget, $2,974,000 is from grants-in-hand (TIB and TEA-21), and the State will reimburse the City approximately $232,000 for the right-of-way acquisition. Therefore the remaining $194,000 (approx.) is the City's share of the project cost in 2007. NIS c:\docume-1\bwalton\locals--1\temp\169issue paper.doc ROAD RIGHT-OF-WAY AND SLOPE EASEMENT PURCHASE AND SALE AGREEMENT This ROAD RIGHT-OF-WAY AND SLOPE EASEMENT PURCHASE AND SALE AGREEMENT (this "Agreement") (dated , 2007 for reference purposes only) is made and entered into by and between the CITY OF RENTON, a Washington municipal corporation (the "City"), and ANMARCO, a Washington general partnership ("AnMarCo"), with respect to the following facts. RECITALS A. The City is planning to construct during the summer of 2007 certain improvements to the Maple Valley Highway (SR 169) in a project the City refers to as the "City of Renton Maple Valley Highway (SR 169) Improvements: Phase 2". (In this Agreement, that project is referred to as the "Project".) B. The City represents that acquisition of a public road right-of-way and a slope easement over the strips of land legally described in the attached Exhibit 1 to this Agreement and in the forms attached hereto as Exhibit 2 (the "Road Right-of-Way Deed") and Exhibit 3 (the "Slope Easement") are required by the City for the construction of the Project. The overall property conveyances contemplated by the Road Right-of-Way Deed and the Slope Easement are collectively referred to herein as "'` the "Property". C. The strip of land legally described in the Road Right-of-Way Deed and in the first portion of Exhibit 1 is referred to in this Agreement as the "Road Right-of-Way Strip". D. The strip of land legally described in the Slope Easement and in the second portion of Exhibit 1 is referred to in this Agreement as the "Slope Easement Strip". E. A surveyor's sketch of the Road Right-of-Way Strip and of the Slope Easement Strip is attached hereto as Exhibit 4. F. Under threat of condemnation, the City wishes to acquire the Property on the terms and conditions set forth in this Agreement. G. On the terms and conditions set forth in this Agreement, AnMarCo is willing to execute and deliver the Right-of-Way Deed and Slope Easement to the City. AGREEMENT—Page 1 C\CF\2293\036\REPSA\REPSA F2(DLH 6-22-07)doe WHEREFORE, with respect to these facts, the parties agree as follows. AGREEMENT 1. Purchase Price; Opening of Escrow The purchase price for the Property shall be FIVE HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED AND NO/100ths DOLLARS ($514,800.00) (the "Purchase Price"). The City shall pay the Purchase Price to AnMarCo in cash through escrow at closing as provided in this Agreement. Within five (5) business days following the date of last execution of this Agreement by both parties (said date being referred to herein as the "Effective Date"), AnMarCo shall open an escrow account with the downtown Seattle office of Stewart Title Guaranty Company (the "Escrow Agent") and provide the Escrow Agent with a copy of this fully-executed Agreement. 2. Title Matters On or before the Closing Date (as that term is defined in Section 4.1 below), AnMarCo shall deliver the Road Right-of-Way Deed and the Slope Easement to the Escrow Agent, duly executed and acknowledged. At or before closing, AnMarCo shall cause (a) the beneficiary of that certain Deed of Trust recorded under King County Recording No. 9406211834 to duly execute and deliver to the Escrow Agent a Request for Partial Reconveyance of the Deed of Trust and (b) the assignee of that certain Assignment of Rents and Leases recorded under King County Recording No. 9406211835 to duly execute and deliver to the Escrow Agent a partial release of its interest therein, so that, (i) upon the completion of the processing of such reconveyance by the title insurance company that is the trustee of that Deed of Trust, the Road Right- of-Way Deed Strip and the Slope Easement Strip will be free and clear of the lien of the Deed of Trust and (ii) upon the recording of the partial release of the Assignment of Rents and Leases the Road Right-of-Way Deed Strip and the Slope Easement Strip will be free and clear of the lien of the Deed of Trust. After the Effective Date and until the Closing Date (as that term is defined in Section 4.1 below), AnMarCo shall not voluntarily create any additional new exceptions to title encumbering the Property without the City's prior written consent. The City shall be responsible for securing at its own expense any title insurance that it wishes concerning the Property. AGREEMENT—Page 2 C\CF\2293\036\REPSA\REPSA F2(DLH 6-22-07)doc 3. Specific Clean-Up of the Property; Sale of Property Otherwise "As-Is" AnMarCo has provided the City with a copy of a "Remedial Investigation Report" dated May 5, 2005 prepared by the Issaquah, Washington office of Environmental Partners, Inc. for Stoneway Concrete relating to the Property and to the broader remaining parcel of the AnMarCo property that AnMarCo owns (the "Remedial Investigation Report"). The Remedial Investigation Report discloses certain contaminants in the soil within the Property (the "Disclosed Contaminants"). AnMarCo hereby promises the City that, prior to the Closing Date, AnMarCo will do a voluntary cleanup of the Property to bring the level of the Disclosed Contaminants within the Property down to a level that is at or below an applicable maximum contaminant concentration standard under Washington's Model Toxics Control Act, Chapter 70.105D RCW as currently in effect and the currently applicable regulations promulgated in the Washington Administrative Code thereunder ("MTCA" and the "MICA Standard"). If and to the extent that AnMarCo fails to bring the Disclosed Contaminants within the Property down to a level that is at or below the MTCA Standard, AnMarCo shall indemnify and hold the City harmless from the costs of a future clean-up of the Property to bring the Disclosed Contaminants down to a level that is at or below the MTCA Standard but only if and to the extent that such cleanup is lawfully required by a State or Federal Government agency with the authority to require such remedial action. Except as may otherwise be expressly set forth above in this Section 3, the Property is being sold by AnMarCo, and the City agrees to accept the Property "as is" in its condition on the Closing Date. AnMarCo Noy makes no representations or warranties with respect to the condition of the Property or the suitability of the Property for the City's intended use or for any use whatsoever. 4. Closing 4.1 Closing Date; Closing Deposits This transaction will be closed in escrow by the Escrow Agent. The closing will be held at the offices of Escrow Agent on Monday, July 16, 2007 (the "Closing Date"). AnMarCo and the City shall deposit into escrow with the Escrow Agent all funds and executed documents required by this Agreement for Closing no later than Friday, July 13, 2007 in order to accommodate the closing of the transaction on the Closing Date. 4.2 Closing Costs 4.2.1 AnMarCo's Costs AnMarCo shall pay one-half(1/2) of the Escrow Agent's escrow fee. AGREEMENT—Page 3 C\CF\229;10;6\REPS A\REPSA F2(DLF3 6-22-07)doc • 4.2.2 The City's Costs *4000 The City shall pay (a) the premium for any the Title Policy the City wishes to procure, (b) the cost of recording the Deed, (c) State of Washington real estate excise taxes applicable to the sale (if any) and (d) one-half(1/2) of the Escrow Agent's escrow fee. 4.3 Foreign Investment in Real Property Tax Act Escrow Agent is hereby instructed to prepare a certification that AnMarCo is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. AnMarCo agrees to sign this certification prior to closing. 5. Property Tax Prorations; Assessments All property taxes payable with respect to the property that is the subject of the Road Right-of-Way Deed in the year of closing shall be prorated as of the Closing Date. Special assessments (if any) in existence on the Effective Date of this Agreement shall be prorated as of the Closing Date. 6. The City's Duty to Remove Existing Buildings Following the closing of the transaction and during the 2007 construction of the Project, the City shall remove from the remaining AnMarCo-owned property abutting the Road Right-of-Way Strip or the Slope Easement (the "Abutting AnMarCo Property") any of the existing building(s) (including their foundations) that lie across the boundary of the Abutting AnMarCo Property onto either the Road Right-of-Way Strip or the Slope Easement or both. The parties' rights and obligations under this Section 6 shall survive the closing of any purchase under this Agreement and shall not be merged into the Road Right-of-Way Deed or the Slope Easement. 7. Possession AnMarCo shall deliver possession of the Property to the City upon closing. 8. Events of Default 8.1 By AnMarCo If AnMarCo defaults in its obligations to execute and deliver the Right-of-Way Deed and Slope Easement to the City on the terms and conditions set forth in this Agreement, the City will be entitled (a)to seek specific performance of AnMarCo's AGREEMENT Page 4 C\CF\229,\0,6\RFPSA\REPSA F2(DLH 6-22-07)doc ,,. obligations under this Agreement, (b) to seek damages for AnMarCo's failure to perform, or (c)to terminate this Agreement by written notice to AnMarCo and Escrow Agent. If the City terminates this Agreement, any escrows established for closing will be terminated, all documents and funds will be immediately returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement, except as otherwise expressly provided in this Agreement. 8.2 By the City If the City defaults in any of its obligations under this Agreement, AnMarCo will be entitled to (a) seek specific performance of the City's obligations under this Agreement, (b) seek damages for the City's failure to timely perform and (c) terminate this Agreement by written notice to the City and Escrow Agent. If AnMarCo terminates this Agreement, any escrows established for closing will be terminated, all documents and funds will be immediately returned to the party who deposited them, and neither party will have any further rights or obligations under this Agreement except as otherwise expressly provided in this Agreement. 9. Notices Any notice under this Agreement must be in writing and be personally delivered, delivered by recognized overnight courier service or given by mail or via fax. Any notice given by mail must be sent, postage prepaid, by certified or registered mail, ,rr return receipt requested. All notices must be confirmed by an e-mail message sent to the other party at the e-mail address(es) set forth below. All notices must be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing: AGREEMENT—Page 5 C\CF\229:\0;6\REPSA\REPS A F2(DLH 6-22-07)dot] If to AnMarCo: AnMarCo 9125-10th Avenue South Seattle, Washington 98108 Attention: Don Merlino Phone No.: (206) 762-9125 Fax No.: (206) 763-4178 E-Mail Address: djmerlino@stonewayconcrete.corn with a copy to: David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd., Suite 202 Fircrest, WA 98466 Phone No.: (206) 443-4684 Fax No.: (253) 763-4178 E-Mail Address: davidhalinenhalinenlaw.corn If to the City: City of Renton Department of Planning/Building/Public Works Attn: Gregg Zimmerman,Administrator P/B/PW 1055 S. Grady Way, Sixth Floor Renton, Washington 98055 Phone No.: (425) 430-7311 Fax No.: (425) 430-7241 E-Mail Address: gzimmerrnan@ci.renton.tit o.us with a copy to: Certified Land Services Corporation Attn: Kristin Butterfield, Acquisition Agent 4535 44th Avenue SW Seattle, Washington 98116 Phone No.: (206) 287-9858 Fax No.: (206) 938-6717 E-Mail Address: kristin a certifiedlandservices.com Once confirmed by an e-mail message sent to the other party at the e-mail address(es) set forth above, any notice will be deemed to have been given, if personally delivered, AGREEMENT Page 6 C:\CF\2293\036\RFPSA\RFPSA F2(I)LFI 6-22-07)doc sftise when delivered, and if delivered by courier service, one (1) business day after deposit with the courier service, and if mailed, two (2) business days after deposit at any post office in the United States of America, and if delivered via fax, the same day as verified; provided that any verification that occurs after 5 p.m. on a business day, or at any time on a Saturday, Sunday or holiday, will be deemed to have occurred as of 9 a.m. on the following business day. 10. Amendments This Agreement may be amended or modified only by a written instrument executed by AnMarCo and the City. 11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Entire Agreement This Agreement and the exhibit(s) hereto constitute the entire agreement between the parties with respect to the purchase and sale of the Property, and supersede all prior agreements and understandings between the parties relating to the subject matter of this Agreement. 13. Attorneys' Fees In any action filed in connection with a dispute relating to this Agreement, the substantially prevailing party in the dispute shall be entitled to reasonable attorneys' fees and costs incurred in connection with any federal, state or bankruptcy court proceeding in addition to any other relief granted by a court of law having jurisdiction to determine the matter. 14. Time of the Essence Time is of the essence of this Agreement. 15. Waiver Neither AnMarCo's nor The City's waiver of the breach of any covenant under this Agreement will be construed as a waiver of the breach of any other covenants or as a waiver of a subsequent breach of the same covenant. AGREEMENT—Page 7 C:\CF\2293\036\REPSA\REPSA F2(DLH 6-22-07)doc 16. Nonmerger The terms and provisions of this Agreement, including, without limitation, all indemnification obligations, will not merge in, but will survive, the closing of the transactions contemplated under this Agreement. 17. Negotiation and Construction This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. 18. Counterparts This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. CITY OF RENTON Kathy Keolker, Mayor Attest: Bonnie Walton, City Clerk Approved as to Form: Lawrence J. Warren, City Attorney AGREEMENT—Page 8 C\CF'2293\036\REPSA\REPSA F2(DLH 6-22-07)doc slime ANMARCO By: Gary M. Merlino, Partner By: Donald J. Merlino, Partner The wives of the partners of AnMarCo hereby consent to the above-stated Agreement. Donna M. Merlino Joan P. Merlino STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2007, before me, personally appeared Kathy Keolker, known to be the duly elected Mayor of the City of Renton, King County, Washington, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that she was authorized to execute said instrument by resolution or other action of the City Council, and that the seal affixed (if any) is the official seal of said City. Given under my hand and official seal hereto affixed the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington Residing at My Appointment expires AGREEMENT—Page 9 C\CF\2293\036\REPSA\REPSA F2(DLH 6-22-07).doc STATE OF WASHINGTON ) Nod ) ss. COUNTY OF KING ) On this day of , 2007, before me personally appeared DONALD J. MERLINO, known to me to be a partner of ANMARCO, the Washington general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires STATE OF WASHINGTON ) ss. Nod COUNTY OF KING ) On this day of , 2007, before me personally appeared GARY M. MERLINO, known to me to be a partner of ANMARCO, the Washington general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires AGREEMENT—Page 10 C\C F\2293\036\RLPSA\REPSA F2(DLII 6-22-07)doc err STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me DONNA M. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me JOAN P. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires AGREEMENT—Page 11 C\CF\229+\036\REP',A Rf.PSA F2 I1)L1-1 6-22-07)doe EXHIBIT 1 LEGAL DESCRIPTION OF THE "ROAD RIGHT-OF-WAY STRIP" A portion of a parcel of land located in Government Lots 5, 6 & 7 and the southwest quarter of the northeast quarter of Section 17, Township 23 North, Range 5 East, W.M., said parcel more particularly described as follows: That parcel of land described as Exhibit"C", Parcel "A", Quit Claim Deed recorded under Auditor's file number 8806100549, records of King County,Washington, Except those portions as conveyed to the City of Renton by Deeds of Dedication recorded under recording numbers 20060515000380 and 20060515000366. Situate in the City of Renton, County of King, State of Washington. The portion of said parcel that constitutes the subject Road Right-of-Way Strip is legally described as follows: All that portion of said Parcel "A"described as follows: COMMENCING at a stone monument in case which is the center of said Section 17; Thence South 89°46'22" East 872.40 feet along the quarter section line to a point on the centerline of State Route 169, said point being Highway Engineer's Station (HES) 1538+59.8 as per sheet 4 of 4, SR169 MP 23.69 to MP 25.07 State Highway Right of Way Plan approved Feb. 18, 1971, and a point on a 10,000 foot radius curve, concave to the northeast, from which point the radius bears North 48°25'44" East; Thence northwesterly along the arc of said centerline through a central angle of 00°22'08" a distance of 64.41 feet to HES 1539+24.21; Thence South 48°47'52"West radial to said centerline 47.29 feet to the POINT OF BEGINNING: Nod Thence South 46°07'00" West 18.38 feet along the southeast line of said Deed of Dedication recorded under recording number 20060515000366; Thence South 26°12'28"West 10.03 feet along said southeast line; Thence North 41°25'39"West 13.17 feet along said southeast line; Thence South 47°50'00"West 16.68 feet along said southeast line; Thence South 86°10'30" East 19.82 feet; Thence South 41°41'43" East 52.17 feet; Thence South 47°57'39"West 2.00 feet; Thence South 42°02'21" East 15.04 feet; Thence North 47°57'39" East 2.00 feet; Thence South 42°19'14" East 30.15 feet; Thence South 47°25'26"West 3.02 feet; Thence South 42°27'12" East 10.00 feet; Thence North 47°25'26" East 3.04 feet; Thence South 42°19'13" East 9.80 feet; Thence South 43°02'38" East 81.48 feet; Thence South 44°04'33" East 58.64 feet; Thence South 45°15'29"West 3.00 feet; Thence South 44°04'33" East 10.00 feet; Thence North 45°15'29" East 3.00 feet; Thence South 44°04'33" East 53.75 feet; Thence South 44°55'27" East 33.44 feet; Thence South 44°38'56"West 20.00 feet; EXHIBIT 1—Page 1 Thence South 45°24'12" East 97.58 feet; Thence North 44°35'18" East 18.55 feet; Thence South 44°47'31" East 43.14 feet; Thence South 45°00'02" East 71.93 feet; Thence South 45°12'06" East 162.69 feet; Thence South 43°35'55" East 44.76 feet to the East line of said Government Lot 7; Thence North 01°09'46" East 8.76 feet along said East line to the southwest margin of said State Route 169; Thence North 41°48'18"West 348.00 feet along said southwest margin; Thence North 42°10'11"West 200.00 feet along said southwest margin; Thence North 41°05'40"West 63.45 feet along said southwest margin; Thence North 43°54'41"West 161.60 feet along said southwest margin to the POINT OF BEGINNING. LEGAL DESCRIPTION OF THE"SLOPE EASEMENT STRIP" A portion of a parcel of land located in Government Lots 5, 6 & 7 and the southwest quarter of the northeast quarter of Section 17, Township 23 North, Range 5 East, W.M., said parcel more particularly described as follows: That parcel of land described as Exhibit"C", Parcel "A", Quit Claim Deed recorded under Auditor's file number 8806100549, records of King County, Washington, Except those portions as conveyed to the City of Renton by Deeds of Dedication recorded under recording numbers 20060515000380 and 20060515000366. Situate in the City of Renton, County of King, State of Washington. The portion of said parcel that constitutes the subject Slope Easement Strip is legally described as follows: All that portion of said Parcel"A"described as follows: COMMENCING at a stone monument in case which is the center of said Section 17; Thence South 89°46'22" East 872.40 feet along the quarter section line to a point on the centerline of State Route 169, said point being Highway Engineer's Station (HES) 1538+59.8 as per sheet 4 of 4, SR169 MP 23.69 to MP 25.07 State Highway Right of Way Plan approved Feb. 18, 1971, and a point on a 10,000 foot radius curve, concave to the northeast, from which point the radius bears North 48°25'44" East; Thence northwesterly along the arc of said centerline through a central angle of 00°22'08" a distance of 64.41 feet to HES 1539+24.21; Thence South 48°47'52"West radial to said centerline 47.29 feet; Thence South 46°07'00" West 18.38 feet along the southeast line of said Deed of Dedication recorded under recording number 20060515000366; Thence South 26°12'28"West 10.03 feet along said southeast line; Thence North 41°25'39"West 13.17 feet along said southeast line; Thence South 47°50'00"West 16.68 feet along said southeast line to the POINT OF BEGINNING; Thence South 86°10'30" East 19.82 feet; Thence South 41°41'43" East 52.17 feet; Thence South 47°57'39"West 2.00 feet; Thence South 42°02'21" East 15.04 feet; Thence North 47°57'39" East 2.00 feet; EXHIBIT 1—Page 2 Thence South 42°19'14" East 30.15 feet; Thence South 47°25'26"West 3.02 feet; Thence South 42°27'12"East 10.00 feet; Thence North 47°25'26" East 3.04 feet; Thence South 42°19'13"East 9.80 feet; Thence South 43°02'38"East 81.48 feet; Thence South 44°04'33" East 58.64 feet; Thence South 45°15'29"West 3.00 feet; Thence South 44°04'33" East 10.00 feet; Thence North 45°15'29" East 3.00 feet; Thence South 44°04'33" East 53.75 feet; Thence South 44°55'27" East 33.44 feet; Thence South 44°38'56"West 15.65 feet to a point hereinafter referred to as Point"A"; Thence North 44°04'51"West 366.63 feet; Thence North 87°10'39"West 4.33 feet; Thence North 47°50'00" East 10.51 feet to the point of beginning; Together with All that portion of said Parcel"A" described as follows: COMMENCING at the aforementioned Point"A"; Thence South 44°38'56"West 4.35 feet; Thence South 45°24'12"East 97.58 feet; Thence North 44°35'18" East 4.92 feet to the point of beginning; Thence continuing North 44°35'18" East 13.63 feet; Thence South 44°47'31"East 43.14 feet; Thence South 45°00'02" East 71.93 feet; Thence South 45°12'06" East 23.96 feet; Thence North 53°03'16"West 94.44 feet; Thence North 45°24'42"West 45.42 feet to the point of beginning; - END OF EXHIBIT 1 EXHIBIT 1—Page 3 Nome Exhibit 2 (Form of"Road Right-of-Way Deed") After recording, return document to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Document Title: Road Right-of-Way Warranty Deed Reference Number of Related Document: N/A Grantor: AnMarCo Grantee: City of Renton Abbreviated Legal Description: Ptn Govt Lot 7, 17-23-05 Additional Legal Description is on Exhibit A, attached Assessor's Tax Parcel Number(s): Ptn. 172305-9026-00 ROAD RIGHT-OF-WAY WARRANTY DEED The Grantor, ANMARCO, a general partnership, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, hereby conveys and warrants to the City of Renton,a municipal corporation, for public road purposes, the following described real property situated in King County, State of Washington (the "Road Right-of-Way Strip"), under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: For legal description of the Road Right-of-Way Strip and additional conditions, see Exhibit A attached hereto and made a part hereof. Also, the Grantor hereby requests the Assessor and Treasurer of said County to set over to the remainder of the hereinafter described PARCEL "A", the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided for by RCW 84.60.070. ROAD RIGHT-OF-WAY WARRANTY DEED--Page 1 of 6 pages Parcel No. 172305-9026 C\CF\2293\036\ROW Deed-Anmarco-Renton D3(DLH 6-20-07 clean)doc Date: , 2007 GRANTOR: GRANTEE: ANMARCO, a general partnership CITY OF RENTON By: By: Donald J. Merlino, Partner Mayor Kathy Keolker By: By: Gary M. Merlino, Partner City Clerk-Bonnie I. Walton Approved as to Form: Lawrence J. Warren, City Attorney The wives of the two partners of AnMarCo hereby consent to the above-stated Road Right-of-Way Warranty Deed. Donna M. Merlino Joan P. Merlino .44000 STATE OF WASHINGTON ) : ss. County of King ) On this day of , 2007, before me personally appeared DONALD J. MERLINO, known to me to be a partner of ANMARCO, the general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said general partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. WARRANTY DEED--Page 2 of 6 pages Parcel No. 172305-9026 C:\Documents and Settings\User\Desktop\ROW Deed-Anmarco-Renton D3(DUI 6-20-07 clean).doc '+wr STATE OF WASHINGTON ) : ss. County of King ) On this day of , 2007, before me personally appeared GARY M. MERLINO, known to me to be a Partner of ANMARCO, the general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said general partnership, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary(print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. %wow STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me DONNA M. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. ROAD RIGHT-OF-WAY WARRANTY DEED--Page 3 of 6 pages Parcel No. 172305-9026 C\CF\2293\036\ROW Deed-Anmarco-Renton D3(DLH 6-20-07 clean)doc STATE OF WASHINGTON ) Ned ) ss. COUNTY OF KING ) On this day personally appeared before me JOAN P. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary(print name) Notary Public in and for the State of Washington, residing at Please stay within block. My Appointment expires ROAD RIGHT-OF-WAY WARRANTY DEED--Page 4 of 6 pages Parcel No. 172305-9026 C\CF\2293\036\RO\Deed-Anmarco-Renton D3(DLH 6-20-07 clean)doc Nome EXHIBIT A LEGAL DESCRIPTION OF THE"ROAD RIGHT-OF-WAY STRIP" A portion of a parcel of land located in Government Lots 5, 6 & 7 and the southwest quarter of the northeast quarter of Section 17, Township 23 North, Range 5 East, W.M., said parcel more particularly described as follows: That parcel of land described as Exhibit"C", Parcel "A", Quit Claim Deed recorded under Auditor's file number 8806100549, records of King County, Washington, Except those portions as conveyed to the City of Renton by Deeds of Dedication recorded under recording numbers 20060515000380 and 20060515000366. Situate in the City of Renton, County of King, State of Washington. The portion of said parcel that constitutes the subject Road Right-of-Way Strip is legally described as follows: COMMENCING at a stone monument in case which is the center of said Section 17; Thence South 89°46'22" East 872.40 feet along the quarter section line to a point on the centerline of State Route 169, said point being Highway Engineer's Station (HES) 1538+59.8 as per sheet 4 of 4, SR169 MP `err 23.69 to MP 25.07 State Highway Right of Way Plan approved Feb. 18, 1971, and a point on a 10,000 foot radius curve, concave to the northeast, from which point the radius bears North 48°25'44" East; Thence northwesterly along the arc of said centerline through a central angle of 00°22'08" a distance of 64.41 feet to HES 1539+24.21; Thence South 48°47'52" West radial to said centerline 47.29 feet to the POINT OF BEGINNING: Thence South 46°07'00" West 18.38 feet along the southeast line of said Deed of Dedication recorded under recording number 20060515000366; Thence South 26°12'28" West 10.03 feet along said southeast line; Thence North 41°25'39" West 13.17 feet along said southeast line; Thence South 47°50'00" West 16.68 feet along said southeast line; Thence South 86°10'30" East 19.82 feet; Thence South 41°41'43" East 52.17 feet; Thence South 47°57'39" West 2.00 feet; Thence South 42°02'21" East 15.04 feet; Thence North 47°57'39" East 2.00 feet; Thence South 42°19'14" East 30.15 feet; Thence South 47°25'26" West 3.02 feet; ROAD RIGHT-OF-WAY WARRANTY DEED--Page 5 of 6 pages Parcel No. 172305-9026 C\CF\2293\036\ROW Deed-Anmarco-Renton 03(DLII 6-20-07 clean)doe Thence South 42°27'12" East 10.00 feet; Thence North 47°25'26" East 3.04 feet; Thence South 42°19'13" East 9.80 feet; Thence South 43°02'38" East 81.48 feet; Thence South 44°04'33" East 58.64 feet; Thence South 45°15'29" West 3.00 feet; Thence South 44°04'33" East 10.00 feet; Thence North 45°15'29" East 3.00 feet; Thence South 44°04'33" East 53.75 feet; Thence South 44°55'27" East 33.44 feet; Thence South 44°38'56" West 20.00 feet; Thence South 45°24'12" East 97.58 feet; Thence North 44°35'l 8" East 18.55 feet; Thence South 44°47'31" East 43.14 feet; Thence South 45°00'02" East 71.93 feet; Thence South 45°12'06" East 162.69 feet; Thence South 43°35'55" East 44.76 feet to the East line of said Government Lot 7; Thence North 01°09'46" East 8.76 feet along said East line to the southwest margin of said State Route 169; Thence North 41°48'18" West 348.00 feet along said southwest margin; Thence North 42°10'11" West 200.00 feet along said southwest margin; Thence North 41°05'40" West 63.45 feet along said southwest margin; Thence North 43°54'41" West 161.60 feet along said southwest margin to the POINT OF BEGINNING. '`' SUBJECT TO THE FOLLOWING: 1. Easements, covenants, conditions, restrictions and exceptions of record. 2. Any question that may arise due to the shifting and changing in course of the Cedar River. 3. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Cedar River. 4. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. ROAD RIGHT-OF-WAY WARRANTY DEED--Page 6 of 6 pages Parcel No. 172305-9026 C_\CF\2293\036\ROW Deed-Anmarco-Renton D3(DI.H 6-20-07 clean)doc �.r Exhibit 3 (Form of"Slope Easement") After recording, return document to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Document Title: Slope Easement Reference Number of Related Document: n/a Grantor: AnMarCo Grantee: City of Renton Abbreviated Legal Description: Ptn Govt Lot 7, 17-23-05 Additional Legal Description is on Exhibit A, attached Assessor's Tax Parcel Number: Ptn. 172305-9026-00 Now SLOPE EASEMENT City of Renton Maple Valley Highway (SR 169) Improvements, Phase 2 (the "Project") The Grantor, ANMARCO, a general partnership, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, hereby conveys and grants unto the CITY OF RENTON, a municipal corporation, and its assigns, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, a non-exclusive easement over, under, upon and across the hereinafter described land (the "Easement Strip") for the purpose of construction and protection of a slope as part of the above-referenced project (the "Slope"), along with the right to maintain and repair the Slope: For legal description of the Easement Strip and additional conditions, see Exhibit A attached hereto and made a part hereof This easement is granted subject to the following terms and conditions: 1. Grantee shall at all times maintain the Slope in good condition. SLOPE EASEMENT--Page 1 of 8 pages Parcel No. 172305-9026 C\CF\2293\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(DI_H 6-20-07 clean)dot 4.6110 2. The Grantee shall, upon completion of any work within the Easement Strip, restore the surface of the Easement Strip, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 3. Grantor shall retain the right to use the surface and subsurface of the Easement Strip to the extent that such use does not unreasonably interfere with the easement rights granted herein to the Grantee. 4. If, at any time(s) in the future, the Grantor proposes in writing to the Administrator of the City of Renton Department of Planning/Building/Public Works (the "Administrator") that Grantor wishes to develop all or portion(s) of the Easement Strip and Grantor's property abutting the Easement Strip so as to: (a) bring all or any portion(s) of the easement along the length of the Easement Strip sufficiently near right-of- way grade so as to eliminate the need for the Slope to support SR 169; or (b) otherwise eliminate the need for all or any portion(s) of the easement along the length of the Easement Strip (for example, by constructing a retaining wall or other retaining improvement that would provide sufficient ' lateral support for SR 169), then, within sixty (60) days thereafter, the Administrator (or the Administrator's designee) shall: (i) Review the proposal (along with any supporting drawings, geotechnical report(s) or other materials submitted with the proposal); and (ii) Respond in writing to the Grantor either (1) approving the proposal if and to the extent that the proposal will provide sufficient lateral support for SR 169 so as to eliminate the need for all or a portion of the Slope to support SR 169 or (2) deny the request but only if and to the extent that implementation of the approval would not provide sufficient lateral support for SR 169 from a geotechnical engineering perspective (and, if denied, (A) the denial shall state the specific reason(s) for the denial and (B) the Grantor shall have the right to provided modified and/or supplemental proposal materials to demonstrate that the proposal will provide SLOPE EASEMENT--Page 2 of 8 pages Parcel No. 172305-9026 C\CF\2293\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(DLH 6-20-U7 clean)doe provided modified and/or supplemental proposal materials to demonstrate that the proposal will provide sufficient lateral support for SR 169 from a geotechnical engineering perspective and, if the Grantor does so, the Administrator or Administrator's designee shall approve the proposal if and to the extent that the proposal will provide sufficient lateral support for SR 169 so as to eliminate the need for all or a portion of the Slope to support SR 169). Within 30 days following the later to occur of (a) completion of implementation of any such approved proposal and (b) written request from Grantor for release or partial release of the easement(as the case may be), the Administrator shall execute and deliver to Grantor in recordable form an instrument terminating the easement or portion(s) thereof the case may be. Unless and until terminated as set forth above, this easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the Easement Strip and that it has a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed the day of , 2007 and said Grantee has accepted this instrument on the terms set forth above. Date: , 2007 GRANTOR: GRANTEE: ANMARCO, a general partnership CITY OF RENTON By: By: Donald J. Merlino, Partner Mayor Kathy Keolker By: By: Gary M. Merlino, Partner City Clerk-Bonnie I. Walton Approved as to Form: SLOPE EASEMENT--Page 3 of 8 pages Parcel No. 172305-9026 C:\Documents and Settings\User\Desktop\Easement-AnMarCo-Renton SR 169 D3(DLI-1 6-20-07 clean).doc The wives of the two partners of AnMarCo hereby consent to the above-stated Slope Easement. Donna M. Merlino Joan P. Merlino STATE OF WASHINGTON ) : ss. County of King ) On this day of , 2007, before me personally appeared DONALD J. MERLINO, known to me to be a partner of ANMARCO, the general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said general partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at Please stay within block. My Appointment expires SLOPE EASEMENT--Page 4 of 8 pages Parcel No. 172305-9026 C\CF\2293\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(DLH 6-20-07 clean)doc STATE OF WASHINGTON ) : ss. County of King ) On this day of , 2007, before me personally appeared GARY M. MERLINO, known to me to be a Partner of ANMARCO, the general partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said general partnership, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at Please stay within block. My Appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me DONNA M. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at Please stay within block. My Appointment expires SLOPE EASEMENT--Page 5 of 8 pages Parcel No. l72305-9026 C\CF\2293\036\Slope Easement\Easement-AnhlarCo-Renton SR 169 D3(DLH 6-20-07 clean).doc 84.110 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me JOAN P. MERLINO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) rrrll On this day of , 2007, before me, personally appeared Kathy Keolker, known to be the duly elected Mayor of the City of Renton, King County, Washington, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that she was authorized to execute said instrument by resolution or other action of the City Council, and that the seal affixed (if any) is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at Please stay within block. My Appointment expires SLOPE EASEMENT--Page 6 of 8 pages Parcel No. 172305-9026 C.\CF\2293\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(DI FI 6-20-07 clean)doc Nkomo- EXHIBIT A LEGAL DESCRIPTION OF THE "EASEMENT STRIP" A portion of a parcel of land located in Government Lots 5, 6 & 7 and the southwest quarter of the northeast quarter of Section 17, Township 23 North, Range 5 East, W.M., said parcel more particularly described as follows: That parcel of land described as Exhibit"C", Parcel "A", Quit Claim Deed recorded under Auditor's file number 8806100549, records of King County, Washington, Except those portions as conveyed to the City of Renton by Deeds of Dedication recorded under recording numbers 20060515000380 and 20060515000366. Situate in the City of Renton, County of King, State of Washington. The portion of said parcel that constitutes the subject Easement Strip is legally described as follows: COMMENCING at a stone monument in case which is the center of said Section 17; Thence South 89°46'22" East 872.40 feet along the quarter section line to a point on the centerline of State Route 169, said point being Highway Engineer's Station (HES) 1538+59.8 as per sheet 4 of 4, SR169 MP „, 23.69 to MP 25.07 State Highway Right of Way Plan approved Feb. 18, 1971, and a point on a 10,000 foot radius curve, concave to the northeast, from which point the radius bears North 48°25'44” East; Thence northwesterly along the arc of said centerline through a central angle of 00°22'08" a distance of 64.41 feet to HES 1539+24.21; Thence South 48°47'52" West radial to said centerline 47.29 feet; Thence South 46°07'00" West 18.38 feet along the southeast line of said Deed of Dedication recorded under recording number 20060515000366; Thence South 26°12'28" West 10.03 feet along said southeast line; Thence North 41°25'39" West 13.17 feet along said southeast line; Thence South 47°50'00" West 16.68 feet along said southeast line to the POINT OF BEGINNING; Thence South 86°10'30" East 19.82 feet; Thence South 41°41'43" East 52.17 feet; Thence South 47°57'39" West 2.00 feet; Thence South 42°02'21" East 15.04 feet; Thence North 47°5739" East 2.00 feet; Thence South 42°19'14" East 30.15 feet; Thence South 47°25'26" West 3.02 feet; Thence South 42°27'12" East 10.00 feet; SLOPE EASEMENT--Page 7 of 8 pages Parcel No. 172305-9026 C\CF\2293\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(DLH(,-20-07 clean)doc 41111110" Thence North 47°2526" East 3.04 feet; Thence South 42°19'13" East 9.80 feet; Thence South 43°02'38" East 81.48 feet; Thence South 44°04'33" East 58.64 feet; Thence South 45°15'29" West 3.00 feet; Thence South 44°04'33" East 10.00 feet; Thence North 45°15'29" East 3.00 feet; Thence South 44°04'33" East 53.75 feet; Thence South 44°55'27" East 33.44 feet; Thence South 44°38'56" West 15.65 feet to a point hereinafter referred to as Point Thence North 44°04'51" West 366.63 feet; Thence North 87°10'39" West 4.33 feet; Thence North 47°50'00" East 10.51 feet to the POINT OF BEGINNING; Together with All that portion of said Parcel "A"described as follows: COMMENCING at the aforementioned Point "A"; Thence South 44°38'56" West 4.35 feet; Thence South 45°24'12" East 97.58 feet; Thence North 44°35'18" East 4.92 feet to the POINT OF BEGINNING; Thence continuing North 44°35'18" East 13.63 feet; Thence South 44°47'31" East 43.14 feet; Thence South 45°00'02" East 71.93 feet; Thence South 45°12'06" East 23.96 feet; `'ad Thence North 53°03'16" West 94.44 feet; Thence North 45°24'42" West 45.42 feet to the POINT OF BEGINNING; Containing an area of 7,186 square feet, more or less. SUBJECT TO THE FOLLOWING: 1. Easements, covenants, conditions, restrictions and exceptions of record. 2. Any question that may arise due to the shifting and changing in course of the Cedar River. 3. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Cedar River. 4. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. SLOPE EASEMENT--Page 8 of 8 pages Parcel No. 172305-9026 C\CF\22a3\036\Slope Easement\Easement-AnMarCo-Renton SR 169 D3(IR 11 6-20-07 clean)doe EXHIBIT 4 [A surveyor's sketch of the Road Right-of-Way Strip and of the Slope Easement Strip is to be inserted immediately following this page prior to execution of this Agreement.] /. SEC. 17, '[WP. 23 N., RGE. 5 L, W.M. FA STPUL 0169(19) ch a ft. / // C$9 / // ET, / �r I/ \/ J �i X 3 (1723059026 ) / ) / ' � S 'ROPOSED EASEMENT Aa. I / / / -1 "CPOSED RICHT or WAY / 0. / Q o i W REPOSED EASEMENT r v a �m r„ 6 'a r x n f / ' a 1 �5 sE5 En , II Z I 81 1 PNMEL UNE 7n u �d tp Cf r o ^v{ N iA N E UNE fbYi LOT I v r. & b N n LIS94'44 LI4 tl i II I 1 ..� �74 (/ Eniii 4P.O. '7. 7,7,7 r 1777 r/7 � •//� 4Pir r"/,/.„ ."*' ''�0 It f N 5,03 7/719^S?.'Z�jj; 2FA P.OE.AJ'/5' M�7 An-1I - �/6S.M�/ ,y•IIA����I:-f/,� . %I.!/ •�� P O.B. L. 4,...46.... A �1 _ -- - DOMING RIGHT OF WAY 1'( 4 13.74+00 18374+ 4+ 0 18700 18.%+00 fO +Oo 0.74+00 1877+00 �..� 1534+00 --+--- - - /0•0+00---t----R-E t - -_-�-+- 5]l48' '~ MAPLE VALLEY HIGHWAY(SR 169) 1536+00 15J8+oD _ 1539+00 _ 7540+oD 1532+00 1533+00 717;79 4 w jg3+00 "~� - �' �--1 ''. 1535+00 153 1537+83,44PC 4 4.'0.1'76;157724.21 �� R R �- R `._I 8 __ 1 J CONSTRUCTION CENTERLINE EASING RIGHT OF WAY - ___ - -t RICHT OF WAY CENTERLINE _--_J LE9/ EASEMENT DIMENSIONS ✓,� PROPOSED EASEMENT 1.)E NNW WTAIIC[ LIE IMMO CIEt7ANCE It 3/516'7Q'{' 12'1.'4 117 0 44'095£ 10.00 (3955901420 LI S 4552'71'W x.00 L12 N 40'15 2R 3,00 13 S 4752'21' 15.04 Lia S 4935'55'W 13.15 PMCW 70TAL AKA LASDIDIT MIAOW 1.4 N 47053E 2.00 , L14 S 49795'W 4.75 1.5 5 42'1914 f 30,15 415 N 44'3518' 4.92 17=59021 595.190 5.F.00 7,188 SF. 595,890 SF.w IA 1 4725'26 W 3.0E Lie N 44'35'15'E 17.0.1 SCALE M Mt 1ON0 00.9fPARTaENT OF AAFSSLENi a Mill.[ It L17 5 8'12'05'f '4791 19 H 47'x8'18 E 0.04 L11 N STI0'4Y Wr 45.42 1D a 41'19'1'H 5,50 L18 N 5 10'78'7p1 4.33 20 10 ED 40 110 84713'2 W L00 I29 N 4759'00'E 10.51 FEET Cr •EI f o _ ,'"78� 1.,,tl ,J10'ir-� A COY OF RENTON is-a-c8 CITY OF ons--- "".m. MAPLE VALLEY HIGHWAY(SR169) n ��Pertee^. - �� REN TON IMPROVEMENTS:PHASE 2 Zoo.-,... 5% •^� i 0A7"1 PNnn9p/5WWn9/2'9090 Worts C.pL )(A E0PIRnS. 1 25 N0. REM. 8Y DATE NOPR +� �'�" EASEMENT EXHIBIT MAP '�'- . A—NNN4AIA ( ( , • m x J. 10 0-. w8 O E L — w ji, (0 c } % o— �. �� Northbound .4- 3 `---- `- .4' 4 4 i SR 169 4' a'4 43 b b b Southbound 4 b in _ O ?. (6T7 7ir L U y > IMPROVEMENT Remove CB w City Building -0 .. Remove 0 a Stoneway Buildings (Not part of IMPROVEMENT) Exhibit D - MODIFIED PROJECT �4, INiERSTAiE 5 Corridor Program ----- -(pw 'w win o.�o�.m .,•a.,, m x J. 0 J. m in Q. N U (0 C Lu / Q G Northbound 4 1 ✓ S. ( SR 169 ) 4' ,k, S. Southbound 9 a o � -/,_ ca o� _ • Remove / a City Building v co Remove a. Stoneway Buildings Exhibit E - SR 169 PROJECT 405)l Corridor Program `/ VUpTrMe/MTn.e...- ____ 1 .____ __ __ - ____-_ -___,._.-..._.___-_ _ -.... - _ . to- w CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems July 9, 2007 Staff Contact Ryan Zulauf, Ext. 7471 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Bahr Aero Operating Permit and Agreement Ordinance Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Operating Permit and Agreement Bahr Aero Sublease Agreement Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other 111111.1.* 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: • Bahr Aero is currently subleasing office space from Aerodyne LLC. Bahr Aero is involved in aircraft sales and offers new aircraft owners assistance with insurance, registration, and other aspects of purchasing an aircraft. Aerodyne assumed the lease agreement, LAG 006-84, with the City on April 29, 1999, and the lease will continue until August 31, 2016. STAFF RECOMMENDATION: Approve the Operating Permit and Agreement with Bahr Aero, for their sublease with Aerodyne LLC and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Bahr Aero, for their sublease with Aerodyne LLC. 1111111 H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\Ol Tasks\Agenda BiIIs\Bahr Aero-Aerodyne Operating Permit\Agenda Bill--Bahr Aero and Aerodyne.doc ti`SY Ove PLANNING/BUILDING/ ;- ® , PUBLIC WORKS DEPARTMENT • MEMORANDUM DATE: July 9, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor if)i r FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager (x7471) SUBJECT: Bahr Aero Operating Permit and Agreement ISSUE: Should Council approve a request for an Operating Permit and Agreement with Bahr Aero for their sublease from Aerodyne LLC, and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Bahr Aero? RECOMMENDATION: Approve the Operating Permit and Agreement with Bahr Aero, for their sublease with Aerodyne LLC and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Bahr Aero, for their sublease with Aerodyne LLC. BACKGROUND SUMMARY: Bahr Aero is currently subleasing office space from Aerodyne LLC. They are involved in aircraft sales, and offer their consulting services to new aircraft owners in the way of assistance with insurance, registration, and other aspects of purchasing an aircraft. Aerodyne assumed the lease agreement, LAG 006-84, with the City on April 29, 1999. The lease has an expiration date of August 31, 2016. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary '4411101,' Susan Campbell-l-lehr/Carolyn Currie,Airport Secretary File h.\file sys\air-airport,transportation services dnuuin 113 projects\tt l tasksagenda htlis\bahr aero-aerodyne operating permitnssue papbahr aero operating permit and agreement- aerodyne doe PAG OPERATING PERMIT AND AGREEMENT between the City of Renton and Bahr Aero. THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AN AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Permittor"), and Bahr Aero, a Washington corporation ("Permittee"). IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. ACKNOWLEDGEMENT OF SUB-LEASE: 1.1. Pursuant to lease agreement LAG 006-84, executed on September 1, 1984, the City of Renton (Permittor) granted a lease of the subject premises to Plane Space Investments, Inc.; and on April 29, 1999, the lease was assigned to Southcove Ventures, LLC, dba Aerodyne LLC. as Lessee, for the purpose of operating a Fixed Based Operation. 1.2. Thereafter, Aerodyne (Lessee) sublet the subject premises to Bahr Aero, (Permittee) by sublease agreement, executed on January 1, 2006, for the purpose of operating an aviation consulting business, Exhibit 1, attached hereto, located at 300 Airport Way. 2. GRANT OF OPERATING PERMIT: 2.1. Description of Premises: The premises leased by Bahr Aero, the Permittee, is described in the sub-lease as: Office on second floor, Suite 203, of the 300 Airport Way building, which shall hereafter be referred to as the "Premises". 3. CONDITIONS: 3.1. Specific Conditions: This grant of an Operating Peiiuit is subject to the following: 3.1.1. Easements, restrictions and reservations of record and as further set forth herein; 3.1.2. Such rules and regulations as now exist or may hereafter be promulgated by the Permittor from time to time, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference, and Permittor's standards concerning operation of public aviation service activities from the Airport; and 3.1.3. All such non-discriminatory charges and fees for such use as may be established from time to time by Permittor; and OPERATING PERMIT 1 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Permit.doc 3.1.4. TOGETHER WITH the privilege of Permittee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. 3.2. No Conveyance of Airport: This Operating Permit and Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Permittor reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is permitted hereby. 3.3. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Permittor from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Permittor holds and operates said airport and premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee also accepts and will hold and use this permit and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this permit or the period thereof or any terms or provisions thereof be 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 permit affected thereby, all without any liability on the part of or recourse against the Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, rules and regulations. 3.4. Future Development/Funding: Nothing contained in this permit shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Permittor, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 4. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT: The term of the sublease to Bahr Aero is effective January 1, 2006, and shall terminate thirty (30) days following the date that either Lessee or Permittee gives written notice of its intention to the other to terminate the sublease. 5. RENTAL: 5.1. Rent on lease: As rental for the premises described in LAG 006-84, and addenda thereto, Lessee has agreed to pay Permittor a monthly rental in the sum of One thousand eight OPERATING PERMIT 2 City of Renton to Bahr Aero H\File Sys\AIR-Airport,Transportation Services Division\O1 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Pernit.doc hundred sixty-nine and seventy-five one hundredths dollars ($1,869.75) commencing on January 1, 2006, which does not include leasehold excise tax. Nod 5.2. Rent on sublease: As rental for the premises described in Section 2, above, during the term of this permit, Permittee has agreed to pay Aerodyne LLC, a monthly rental in the sum of Three hundred dollars ($300.00) commencing on January 1, 2006. In the event Lessee fails to pay the rent identified in Paragraph 5.1., then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 006-84 and addenda thereto,pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent, then the Permittor may terminate this permit with ten (10) days notice. 5.3. Other Charges: Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Permittor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Permittee of, on, and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas, power, garbage, water and other utilities, Aircraft Rescue and Fire Fighting services or services rendered to said premises. 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 006-84 and addenda thereto,pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. In the event neither the Lessee nor Permittee pay said tax or charge, then the Permittor may terminate this permit with ten (10) days notice. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 006-84 and addenda, if Lessee fails to pay such utilities and service charges, then Permittee may pay all light, heat, gas, power, garbage, water, sewer and janitorial service used in or on the Premises when due. In the event neither the Lessee nor the Permittee pay said utility or service charges, then the Permittor may terminate this Permit with ten (10) days notice. 6.2. Permittor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Permittor's control, shall be deemed a breach of the Permit or as an eviction of Permittee, or relieve Permittee from any of its obligations hereunder. OPERATING PERMIT 3 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Perrnit\Bahr Acro Operating Permit.doc 7. PERMITTEE'S ACCEPTANCE OF PREMISES. ',`"` By occupying the Premises, Permittee formally accepts the same in AS IS condition, and acknowledges that the Permittor has complied with all the requirements imposed upon it under the terms of this Petntit with respect to the condition of the Premises at the commencement of this term. Permittee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Permit subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Permittor nor Permittor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any disturbance from Permittor, or others claiming by or through Permittor. 8. PURPOSE AND USE: 8.1. Use of Premises: The Premises are leased to the Permittee for the following described purpose: 8.1.1. Operation of an aircraft sales and services business in accordance with the Airport Regulations and Minimum Standards for the operation of this type of commercial aeronautic activity at the Renton Municipal Airport. 8.2. Continuous Use: Petutittee covenants that the premises shall be continuously used 'kern, for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle, and shall not be used for any other purpose without Permittor's written consent first having been obtained. Consent of Penuittor to other types of activities will not be unreasonably withheld. 8.3. Non-Aviation Uses Prohibited: Permittee agrees that, except as expressly provided above, the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.4. Signs: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the written approval of Permittor, which will not be unreasonably withheld. One sign, of the type and dimensions specified by the Airport Manager, shall be permitted to be displayed on the Rainier and Airport Way entrance fences through the termination date of this permit. 8.5. Conformity with Rules: Permittee further covenants to keep and operate the Premises and all structures, improvements, and activities in confottitity with all rules, regulations and laws now or hereafter adopted by Permittor, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference, the Federal Aviation Administration, the State Aeronautics Commission, or other duly constituted governmental authority, all at Pertnittee's cost and expense. OPERATING PERMIT 4 City of Renton to Bahr Aero H:\File Sys\A1R-Airport,Transportation Services Division\0l Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Pennit.doc 8.6. Waste, Nuisance, Illegal Activities: Permittee covenants that he will not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of Nod any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.7. Increased Insurance Risk: Permittee will 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. 9. HAZARDOUS WASTE: 9.1. Permittee's Representation and Warranty: In particular, Permittee represents and warrants to the Permittor that Permittee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary course of business. 9.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Permittee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. 9.3. Indemnity: The parties agree that Permittor shall have no responsibility to the Permittee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Permittor, during the term of this Permit. Permittee agrees to indemnify and hold hatiiiless the Permittor from any obligation or expense, including fees incurred by the Permittor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., that are suffered or incurred due to the release or disposition of any such hazardous substance upon the Premises not caused by Permittor, during the term of this Permit, including remedial action under RCW 70.105D. 9.4. Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or (b) was caused by Permittor, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment,unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. OPERATING PERMIT 5 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Permit.doc 10. MAINTENANCE: 4400, 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Permittor for use by the Permittee, shall be used and maintained by Permittee in an operable, neat, orderly, and sanitary manner. Permittor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves around the Premises, including that blown against fences bordering the Premises, whether as a result of the Permittee's activities or having been deposited upon the Premises from other areas. 10.2. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of snow and/or floodwaters or mud deposited there from the Premises and those areas of the Sublessor utilized by the Permittee, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor upon the public areas of the Airport. 10.3. Permittor May Perform Maintenance: If Permittee fails to perform Permittee's obligations under this Paragraph, Permittor may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Permittee, 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 Permittor together with Permittee's next rental installment. ` woe 11. ALTERATIONS. 11.1. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Permittee shall notify Permittor in writing of the expected date of commencement thereof. Permittor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Permittor reasonably deems necessary to protect the Premises and Permittor from mechanics' liens, materialmen's liens or any other liens. In any event, Permittee shall pay when due, or bond around, all claims for labor or materials furnished to or for Permittee at or for use in the Premises. Permittee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Permittee or claimed to have been furnished to Pei mittee or to Permittee's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Permittee. 11.2. Bond: At any time Permittee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Permittor may at its sole option require Permittee, at Permittee's sole cost and expense, to obtain and provide to Permittor a lien and completion bond in an amount equal to one and one-half(1-1/2) times the estimated cost of such improvements, to insure Permittor against liability for mechanics and materialmen's liens and to insure completion of the work. 'No `` OPERATING PERMIT 6 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Permit.doc 11.3. Permittor May Make Improvements: Permittee agrees that Permittor, at its option, may at its own expense make repairs, alterations or improvements which Permittor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 11.4. Notification of Completion: Upon completion of capital improvements made on the Premises, it is the Permittee's responsibility to promptly notify Permittor of such completion. 12. ASSIGNMENT: 12.1. Assignment/Subletting: The sublease or any part thereof shall not be assigned by Permittee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Permittor, which consent shall not be unreasonably withheld. If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an assignment for purposes of this paragraph. 12.2. No Release of Permittee's Liability: No assignment of this leasehold interest shall release Permittee from the obligation to pay the rent and to perform all other obligations to be performed by Permittee under the terms of its sublease. No assignment shall so release Permittee unless Permittor's consent is obtained pursuant to Paragraph 12.1. In the event that Permittor's consent to assignment is so obtained, Permittee shall be relieved of all liability arising from this permit and arising out of any act, occurrence or omission occurring after Permittor's consent is obtained. The Permittee's assignee must assume and agree to carry out all of the obligations of Permittee under this permit. 13. DEFAULT: 13.1. Definition: It shall be a default of this Permit if the Permittee fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and/or city governments, any terms of this Permit and/or the underlying lease. 13.2 Action Upon Notice of Default: 13.2.1 In the event of default as provided above, the Permittor may, if it so elects, at any time thereafter, terminate this permit and the term hereof, on giving to the Permittee thirty (30) days notice (Notice of Default), in writing, of the Permittor's intention to terminate the Permit. 13.2.2. Alternatively, the Permittor may allow the Permittee to cure the default within thirty (30) days or, within that time, provide adequate assurance of future ability to cure the default. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third party acceptable to Permittor, a surety bond, or a letter of credit. The default must be cured within ninety (90) days of the notice of default. 13.3. Termination of Permit: Upon the expiration of either of the notice periods specified in Paragraph 13.2 above, and if the event causing the default is not corrected in a OPERATING PERMIT 7 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Pennit.doc timely manner, this permit and the term hereof, together with any and all other rights and options of Permittee herein specified, shall expire and come to an end on the day fixed in such notice. 13.4. No Waiver of Remedies: In the event of default by Permittee, the Permittor may choose not to pursue a claim against Permittee. Such decision will not operate as a waiver of any other remedies or claims then available to the Permittor or those that may become available. 14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Permit shall be binding upon the parties, their successors and assigns, and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. RIGHT OF INSPECTION. Permittee will allow Permittor, or Permittor's agent, free access to the Premises at all reasonable times for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Permittor. 16. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at the end of the term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, 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 Permittee, shall be and remain the property of the Permittor 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. Permittee shall repair at its sole expense any damage to the *we Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 17. INSURANCE: 17.1. Personal Property: It is agreed that Permittor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Permittee, Permittee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Permittor does not cover any of the personal property of Permittee, Permittee's invitees or other persons upon the Premises through its insurance. Permittee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 17.2. Liability Insurance. The Permittee agrees to maintain, in force, during the term of this Peiiuit a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, OPERATING PERMIT 8 City of Renton to Bahr Aero H:\File Sys\A1R-Airport,Transportation Services Division\O1 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Permit.doc and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto. 17.3. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Permittor and rated A-10 or better in "Best's Insurance Guides". Coverages shall be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an Additional Insured with that coverage being Primary and Non- contributory to any other insurance coverage available to the City. No such policy shall be cancelable or subject to reduction of coverage or other modification except after forty-five(45) days' prior written notice to Permittor. Permittee shall, not less than forty-five (45) days prior to the expiration of such policies, furnish Permittor with renewals or "binders" therefore. Permittee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any additional premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. If the Permittee shall fail to procure and maintain said insurance the Permittor may, but shall not be required to,procure and maintain the same, but at the expense of Permittee. 18. LIMITATION UPON PERMITTOR'S LIABILITY. Permittor shall not be liable for any damage to property or persons caused by, or arising out of(a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or(b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (c) any act or omission of any Permittee or other occupants of the building, or their agents, servants, employees or invitees thereof. 19. INDEMNITY: Permittee covenants to indemnify and save harmless Permittor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Permittee or any of its agents, contractors, patrons, customers, or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Permittor by reason of any such claim, except such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee, on notice from Permittor, shall resist or defend such action or proceeding forthwith. 20. HOLDING OVER: Permittee understands that upon expiration of the term of this permit, Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if, without execution of any extension or renewal of this permit, Permittee should remain in possession of the premises after expiration or termination of the term of this permit, notwithstanding any extension of its sublease with Lessee, OPERATING PERMIT 9 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\Ol Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Permit.doc then the Lessee shall be in default of its lease, LAG 006-84 and Permittor may evict the Lessee and the Permittee. All the conditions, terms and provisions of this permit shall be applicable during such holding over. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Permittor of a breach by Permittee 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. 22. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefore, or sent by certified mail, to the following addresses: a) For the City of Renton: b) For the Permittee: Airport Manager Bahr Aero 616 West Perimeter Road 300 Airport Way, Suite 203 Renton, Washington 98057 Renton, WA 98057 23. DISCRIMINATION PROHIBITED: 23.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex, national origin, or any other class of person protected by Federal or State law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Permittee further agrees 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 Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 23.2. 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. 23.3. Application to Sub-leases: Subject to the provisions of Paragraph 12 of this Permit, Permittee agrees that it will include the above clause in all assignments of this lease or sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub-leases. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive OPERATING PERMIT 10 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\01 Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Pennit\Bahr Aero Operating Perrnit.doc governmental laws or regulations, 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 paragraph shall not, however, operate to excuse Permittee from the prompt payment of rent, or any other payment required by the terms of this Permit,to be made by Permittee. 25. CAPTIONS: Article and paragraph captions are not a part hereof. 26. ENTIRE AGREEMENT: This Permit contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Permit may be modified in writing only, signed by the parties in interest at the time of the modification. In the event of conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee, the terms of this Permit supersede. 27. 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. 28. CORPORATE AUTHORITY: If Permittee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Permit on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Permit is binding upon said corporation in accordance with its terms. 29. TRANSFER OF PREMISES BY PERMITTOR: In the event of any sale, conveyance, transfer or assignment by Permittor of its interest in the Premises, Permittor shall be relieved of all liability arising from this Permit and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. OPERATING PERMIT 11 City of Renton to Bahr Aero H:\File Sys\AIR-Airport,Transportation Services Division\pl Administration\12 Real Property Management\Leases and Operating Permits\Bahr Aero\Operating Permit\Bahr Aero Operating Pemiit.doc PERMITTEE: PERMITTOR: Bahr Aero THE CITY OF RENTON a Washington corporation a Washington municipal corporation 13, r:. .ahr Kathy Keolker its: Owner, 0 _ y� Mayor Date: 3 UM pc f 9r07 Date: A 11'bST: By Bonnie Walton,City Clerk Date: Approved as to legal form: City Attorney OPERATING PERMIT 12 City of Renton to Bahr Aero C:\Documents and Settings\Fredleesktop\BahrAeroOperatingPermit_doc AIMI\ OFFICE RENTAL AGREEMENT EFFECTIVE DATE: January 1, 2006 TENANT: Bahr Aero LANDLORD: Aerodyne,LLC Office Space: Suite 203 Tenant does hereby rent from Landlord that Office space described as, Office on second floor Suite 203 for the purpose of Aviation Consluting , upon all of the terms, covenants, and conditions herein contained. The parties hereto agree as follows: 1. RENT: 1. Rent shall be per month. $300.00. Upon execution of this Agreement, Tenant shall deliver the first month's installment of rent. Beginning on the first day of the second month after the Effective Date and on the first day of each successive month of the term, Tenant shall pay to Landlord the rent set forth above. All rent shall be delivered to Landlord's address set forth below,or at such other place as may be designated in writing from time to time by Landlord, in lawful money of the United States without any prior demand and without deduction or offset for any cause whatsoever. 2. In addition to the full or prorated amount described above Tenant shall simultaneously pay to Landlord a deposit equal to one full month's rent Landlord may apply all or part of the deposit to any unpaid rent or other charges due from Tenant or to cure any other defaults of Tenant. If Landlord uses any part of the Security Deposit,Tenant shall restore the deposit to its full amount within ten (10) days after Landlord's written request. Tenant's failure to do so shall be a material default. No interest shall be paid on the deposit and Landlord shall not be required to keep the deposit separate from its other accounts and no trust relationship is created with respect to the deposit. Landlord agrees to apply the remaining portion of this deposit to rent for the last month of the term if, and only if(i) Landlord is given advance written notice of Tenant's termination of this Agreement as described in Section 2 below and (ii) Tenant has not breached any of the terms and conditions of this Agreement as of the termination date. Otherwise, the deposit shall be forfeited in full and not applied in payment of any rent for this Agreement. 2. TERM: This Agreement shall commence on the Effective Date set forth above and shall terminate thirty(30) days following the date that either Landlord or Tenant gives written notice of its intention to the other to terminate this Agreement(the "Termination Date") at the address set forth opposite the signature of the recipient of such notice or such other address as is designated in writing by such recipient from time to time. Upon such termination,Tenant will surrender the Space to Landlord in as good condition as received by Tenant at commencement of this Agreement,reasonable wear and tear excepted. Without prejudice to any of Landlord's other legal rights,Tenant agrees to pay an amount equal to 200% of the rate of monthly rental last payable under this Agreement monthly rent during any continued occupancy NIS 1 by Tenant after the Termination Date or the effective date of any earlier termination of this Agreement. 3. USE: The Space shall be used only for office use. Tenant shall comply with all °`omo, laws, rules, ordinances and regulations established by federal, state or local government agencies, including the local Port Authority. Tenant shall make no modifications or improvements to the Space or place any exterior signs on the Space without prior written approval of Landlord. Landlord may require a bond to ensure proper restoration of the Space as a condition to any such consent.No FAR Part 135 air carrier operations will be permitted without Landlord's prior written approval. 4. INDEMNIFICATION: Tenant shall indemnify against and hold Landlord harmless from any and all costs, claims or liability, including attorneys' fees, arising from Tenant's use of the Space and Field;the conduct of Tenant or anything else done or permitted by Tenant, its agents, employees or invitees to be done in or about the Space or Field, including any contamination of the Space or Filed or any other property resulting from the presence or use of hazardous substance caused or permitted by Tenant; any breach or default in the performance of Tenant's obligations under this Agreement; other acts or omissions of Tenant, its agents, employees or invitees; or any equipment or supplies stored or used by Tenant in or about the Space or Field. As a material part of the consideration to Landlord, Tenant assumes all risk of damage to property or injury to persons in or about the Field arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except for any claim arising out of Landlord's negligence or willful misconduct. Tenant hereby waives the exclusive remedies under the workers' compensation statutes, including immunity under Washington industrial insurance laws, Title 51 RCW, for any injury to Tenant's employees or independent contractors. As used in this Section, the term "Tenant" shall include Tenant's employees, agents, contractors, and invitees if applicable. Tenant's indemnification obligation shall survive termination of this Agreement. 5. HAZARDOUS SUBSTANCES: Tenant shall not generate,transport,transfer or store any hazardous substances in, on, above,to or from the Space or the Field, including but not limited to state and federally defined or regulated hazardous substances. In the event of a leak, spill or release of a hazardous substances in,on or about the Space or Field, Tenant will immediately notify Landlord and will undertake all emergency response necessary to contain, clean up and remove the hazardous substance and within a reasonable time investigate,remediate and/or take action necessary or appropriate to insure that any contamination by the hazardous substance is eliminated. Tenant shall provide certification acceptable to Landlord that all such contamination has been eliminated. 6. TENANT: The term Tenant includes the party signing this Agreement and all employees, agents, contractors,representatives and invitees of Tenant. 2 7. INSURANCE: During the term of this Agreement Tenant shall procure and maintain in full force and effect and at Tenant's sole cost and expense the following insurance coverage: 1. Insurance against loss or damage by fire with extended coverage endorsements upon all of Tenant's furnishings,futures,equipment and personal property located in, on,or about the Space to the full amount of the replacement value thereto; 2. Premises liability insurance, at a limit of no less than$1,000,000 per person and per occurrence; 8. EVIDENCE OF INSURANCE: Upon execution hereof,Tenant shall deliver certificates of insurance from insurance companies acceptable to Landlord,evidencing the coverage's herein required and naming Landlord as an additional insured and containing cross-liability endorsements. Each insurance policy required herein shall provide a waiver of subrogation against Landlord in connection with any claim or damage covered by such policy and shall further provide a minimum of thirty(30) days' prior written notice to Landlord of any cancellation, expiration or material modifications in the policy. Landlord reserves the right to require Tenant to increase the amount of insurance coverage if Landlord reasonably determines that Tenant's existing coverage is inadequate in light of Tenant's activities or operations. 9. DEFAULT: Tenant shall be in default without further notice if it does not pay .41011 any rent on the day it is due. In addition, Tenant shall be in default for non-monetary breaches if, after Landlord gives Tenant written notice of such breach or violation, such breach or violation continues to exist for seven(7)days or more. If,however, such default cannot be completely cured within a seven(7) day period, Tenant shall be in default if Tenant does not commence to cure such default within such seven(7) day period and thereafter continue with reasonable diligence to completely cure such default. In the event of any such default,Landlord may terminate this Agreement by giving written notice to Tenant and on the date specified in such notice, the term of this Agreement shall end and Tenant shall surrender the Space to Landlord. Upon such termination any liability of Tenant to Landlord shall continue, including without limitation liability for all past due rent and rent for the period through and including the Termination Date. Alternatively,Landlord may continue to collect rent due under this Agreement through and including the Termination Date without terminating this Agreement, but in such event Landlord shall deduct from the amount of rent owing each month any amounts received from reletting the Space,less expenses of reletting, including without limitation advertising costs, attorney's and broker's fees. If Landlord reenters the Space after Tenant's default; Landlord may at any time thereafter enter the facility by any means and remove Tenant and its effects, including Tenant's aircraft or may dispose of such property in any commercially reasonable manner,with Tenant liable for all expenses of such disposal including storage and sale. In addition to the remedies herein described, Landlord shall have all other remedies available to it under applicable law. 3 10. NOTICE: Any notice to be given under this Agreement from one party to the other shall be deemed given if it is sent by first class mail addressed to the other party at the address first appearing below,or such other address of which either party notifies the other in writing from time to time. 11. LEGAL FEES: In the event Landlord incurs any legal expense in the enforcement of this Agreement,including the collection of any amounts due,whether or not a lawsuit or legal proceeding is initiated,Tenant agrees to pay Landlord's reasonable costs, expenses,and attorney fees,including expenses of appeal. 12. ASSIGNMENT OR SUBLETTING: Tenant will not assign any of its rights under this Lease or sublet any or all of the Space or permit use of any of the Space for any purpose other than storage of aircraft owned or leased by Tenant without the prior written permission of Landlord in Landlord's sole discretion. 13. SUCCESSORS&ASSIGNS: The provisions of this Agreement shall inure to the benefit of and be binding upon any successors or assigns of the party hereto. 14. ENTIRE AGREEMENT: This Agreement contains all of the terms,covenants and conditions between parties concerning the Space(s),and shall supersede all prior correspondence, agreements,and understandings concerning the Space(s),both oral and written. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by both Tenant and Landlord. 'fir, 15. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Washington. Executed as of the Effective Date first written above. TENANT: LANDLORD: By: F 12a) RAI k By:Michael D.Ri• .1/t Title: L;t,t!&j r, z Title: Manage / Signed: 4-1 irc } {J-, Sign... Atar, Address:300 Airport Way, Suite 203 Address: 300 Airport Way,Suite 100 Renton,WA 98055 Renton,WA 98055 Phone: ,2 5-- - - ' l Phone:425-255-7648 Noble 4 CITY OF RENTON COUNCIL AGENDA BILL I AI#: ( r Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems July 9, 2007 Staff Contact Ryan Zulauf, Ext. 7471 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Kenmore Air Harbor, Inc. Operating Permit and Ordinance Agreement Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Operating Permit and Agreement Kenmore Air Sublease Agreement Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other 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: Kenmore Air Harbor, Inc. is currently subleasing hangar and office space from Beaver Hangar Corporation, Inc. (BHC, Inc.), and uses this space to maintain its wheeled aircraft that operate out of Boeing Field. This space was previously subleased to Northwest Seaplanes, Inc. for its maintenance facility, where they serviced their fleet of floatplanes and customer owned aircraft. BHC, Inc. has had a lease agreement, LAG-93-004, with the City since October 28, 1993, with a lease expiration date of December 31, 2019. STAFF RECOMMENDATION: Approve the Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\O1Tasks\Agenda Bills',Kenmore Air Operating Permit\Agenda Bill--Kenmore Air and BHC.doc �ti`SY � PLANNING/BUILDING/ ` , ,4110 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: July 9, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: 'WKathy Keolker, Mayor FROM: Gregg Zimmermat 'Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Kenmore Air Harbor, Inc. Operating Permit and Agreement ISSUE: Should Council approve a request for an Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from Beaver Hangar Corporation, Inc. (BHC, Inc.) and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with `Afti+" Kenmore Air Harbor, Inc.? RECOMMENDATION: Approve the Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. and authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. BACKGROUND SUMMARY: Kenmore Air Harbor, Inc. is currently subleasing hangar and office space from BHC, Inc., and uses this space to maintain its wheeled aircraft that operate out of Boeing Field. This space was previously subleased to Northwest Seaplanes, Inc. for its maintenance facility, where they serviced their fleet of floatplanes and customer owned aircraft. BHC, Inc. has had a lease agreement, LAG-93-004, with the City since October 28, 1993. The lease has an expiration date of December 31, 2019. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary File H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\O1 Tasks\Agenda Bills\Kenmore Air Operating Permit\Issue Paper--Kenmore Air Operating Permit and Agreement-BHC Hangar.doc PAG OPERATING PERMIT AND AGREEMENT between the City of Renton and Kenmore Air Harbor, Inc. THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AN AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Permittor"), and Kenmore Air Harbor, Inc., a Washington corporation ("Permittee"). IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. ACKNOWLEDGEMENT OF SUB-LEASE: 1.1. Pursuant to lease agreement LAG 93-004, executed on October 28, 1993, the City of Renton (Permittor) granted a lease of the subject premises to BHC, Inc., as Lessee. 1.2. Thereafter, BHC, Inc (Lessee) sublet the subject premises to Northwest Seaplanes for the purpose of covered aircraft storage and operations of an aircraft maintenance facility. 1.3. The Lessor approved an Operating Permit and Agreement (PAG-94-03) with Northwest Seaplanes (Sublessee) for the purposes of: (a) operating a seaplane maintenance facility for services to the general aviation public, (b) maintaining Sublessee's seaplanes, (c) the storage of Sublessee's aircraft, and (d) for the conduct of Sublessee's commercial aircraft services. 1.4. Thereafter, BHC, Inc (Lessee) sublet the subject premises to Kenmore Air Harbor, Inc., (Permittee) by sublease agreement, executed on October 1, 2006, for the purpose of covered aircraft storage facilities and operation of an aircraft maintenance facility, Exhibit 1, attached hereto, located at 850 West Perimeter Road. 2. GRANT OF OPERATING PERMIT: 2.1. Description of Premises: The premises leased by Kenmore Air Harbor, Inc., the Permittee, is described in the sub-lease as: 2.1.1. Interior Space: 5,558 square feet of hangar space and 451 square feet of office space. This property, being subleased by BHC, Inc., to Kenmore Air Harbor, Inc., shall hereafter be referred to as the "Premises". OPERATING PERMIT 1 City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc 3. CONDITIONS: 3.1. Specific Conditions: This grant of an Operating Permit is subject to the following: 3.1.1. Easements, restrictions and reservations of record and as further set forth herein; 3.1.2. Such rules and regulations as now exist or may hereafter be promulgated by the Permittor from time to time, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference, and Permittor's standards concerning operation of public aviation service activities from the Airport; and 3.1.3. All such non-discriminatory charges and fees for such use as may be established from time to time by Permittor; and 3.1.4. TOGETHER WITH the privilege of Permittee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. 3.2. No Conveyance of Airport: This Operating Permit and Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Permittor reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed suitable *r,.• for the Airport, except that portion that is permitted hereby. 3.3. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Permittor from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Permittor holds and operates said airport and premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee also accepts and will hold and use this permit and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this permit or the period thereof or any terms or provisions thereof be 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 permit affected thereby, all without any liability on the part of or recourse against the Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, Hiles and regulations. OPERATING PERMIT 2 low City of Renton to Kenmore Air Harbor,Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc 3.4. Future Development/Funding: Nothing contained in this permit shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by :,,,,, Permittor, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 4. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT: 4.1. Initial Term: The term of the sublease to Kenmore Air Harbor, Inc., is for a period of two (2) years and eleven (11) months commencing on October 1, 2006 and terminating on August 31, 2009. 4.2. Extended Term: After the Initial Term this Permit may be extended for a term of five (5) years, unless BHC, Inc. or Kenmore Air Harbor, Inc. notifies the other of the intent to terminate the sublease, or such time as they enter into a new Sublease Agreement. Any extension of the Initial Term of this Operating Permit is only renewable upon written notice received by the Permittor ninety (90) calendar days in advance of the termination date of the Initial Term of this Operating Permit and Agreement. In no event will the term of the Operating Permit and Agreement be extended beyond August 31, 2014. 5. RENTAL: 5.1. Rent on lease: As rental for the premises described in LAG 93-004 and addenda thereto, Lessee has agreed to pay Permittor a monthly rental in the sum of One thousand five Neoli hundred thirty-six and fifty-two one-hundredths dollars ($1, 536.52) commencing on October 28, 2003, which does not include leasehold excise tax. 5.2. Rent on sublease: As rental for the premises described in Section 2, above, during the term of this permit, Permittee has agreed to pay BHC, Inc. a monthly rental in the sum of four thousand dollars and no cents ($4,000.00) throughout the twelve (12) month period commencing on October 1, 2006. In the event Lessee fails to pay the rent identified in Paragraph 5.1., then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 93-004 and addenda thereto, pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent, then the Permittor may terminate this permit with ten (10) days notice. 5.3. Other Charges: Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Permittor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Permittee of, on, and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas,power, garbage, water and other utilities, Aircraft Rescue and Fire Fighting services or services rendered to said premises. OPERATING PERMIT 3 ,,d City of Kenton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement- BHC Hangar.doc 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 93-004 and addenda thereto, pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. In the event neither the Lessee nor Permittee pay said tax or charge, then the Permittor may terminate this permit with ten (10) days notice. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 93-004 and addenda, if Lessee fails to pay such utilities and service charges, then Permittee may pay all light, heat, gas, power, garbage, water, sewer and janitorial service used in or on the Premises when due. In the event neither the Lessee nor the Permittee pay said utility or service charges, then the Permittor may terminate this Permit with ten (10) days notice. 6.2. Permittor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Permittor's control, shall be deemed a breach of the Permit or as an eviction of Permittee, or relieve Permittee from any of its obligations hereunder. 7. PERMITTEE'S ACCEPTANCE OF PREMISES. By occupying the Premises, Permittee formally accepts the same in AS IS condition, and acknowledges that the Permittor has complied with all the requirements imposed upon it under the terms of this Permit with respect to the condition of the Premises at the commencement of this term. Permittee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Permit subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Permittor nor Permittor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any disturbance from Permittor, or others claiming by or through Permittor. 8. PURPOSE AND USE: 8.1. Use of Premises: The Premises are leased to the Permittee for the following described purpose: OPERATING PERMIT 4 "` City of Renton to Kenmore Air Harbor,Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc 8.1.1. Aircraft storage in accordance with the Airport Regulations and Minimum Standards for the operation of this type of commercial aeronautic activity at the Renton .1100 Municipal Airport. 8.1.2. Operations of an Aircraft Maintenance and Repair station in accordance with the Airport Regulations and Minimum Standards for the operation of this type of commercial aeronautic activity at the Renton Municipal Airport. 8.2. Continuous Use: Permittee covenants that the premises shall be continuously used for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle, and shall not be used for any other purpose without Permittor's written consent first having been obtained. Consent of Permittor to other types of activities will not be unreasonably withheld. 8.3. Non-Aviation Uses Prohibited: Permittee agrees that, except as expressly provided above, the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.4. Signs: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the written approval of Permittor, which will not be unreasonably withheld. One sign, of the type and dimensions specified by the Airport Manager, shall be permitted to be displayed on the Rainier and Airport Way entrance fences through the termination date of this permit. 8.5. Conformity with Rules: Permittee further covenants to keep and operate the Premises and all structures, improvements, and activities in conformity with all rules, regulations '441.1 and laws now or hereafter adopted by Permittor, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference, the Federal Aviation Administration, the State Aeronautics Commission, or other duly constituted governmental authority, all at Permittee's cost and expense. 8.6. Waste, Nuisance, Illegal Activities: Permittee covenants that he will 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. 8.7. Increased Insurance Risk: Permittee will 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. 9. HAZARDOUS WASTE: 9.1. Permittee's Representation and Warranty: In particular, Permittee represents and warrants to the Permittor that Permittee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary course of business. OPERATING PERMIT 5 City of Renton to Kenmore Air Harbor,Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc 9.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the Name term of this lease by Permittee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. 9.3. Indemnity: The parties agree that Permittor shall have no responsibility to the Permittee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Permittor, during the term of this Permit. Permittee agrees to indemnify and hold harmless the Permittor from any obligation or expense, including fees incurred by the Permittor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., that are suffered or incurred due to the release or disposition of any such hazardous substance upon the Premises not caused by Permittor, during the term of this Permit, including remedial action under RCW 70.105D. 9.4. Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or(b) was caused by Permittor, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 10. MAINTENANCE: 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Permittor for use by the Permittee, shall be used and maintained by Permittee in an operable, neat, orderly, and sanitary manner. Permittor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves around the Premises, including that blown against fences bordering the Premises, whether as a result of the Permittee's activities or having been deposited upon the Premises from other areas. 10.2. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of snow and/or floodwaters or mud deposited there from the Premises and those areas of the Sublessor utilized by the Peintittee, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor upon the public areas of the Airport. OPERATING PERMIT 6 limer City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc 10.3. Permittor May Perform Maintenance: If Permittee fails to perform Permittee's obligations under this Paragraph,Permittor may at its option (but shall not be required to) enter Nome the Premises, after thirty(30) days'prior written notice to Permittee, 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 Permittor together with Permittee's next rental installment. 11. ALTERATIONS. 11.1. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Permittee shall notify Permittor in writing of the expected date of commencement thereof. Permittor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Permittor reasonably deems necessary to protect the Premises and Permittor from mechanics' liens, materialmen's liens or any other liens. In any event, Permittee shall pay when due, or bond around, all claims for labor or materials furnished to or for Permittee at or for use in the Premises. Permittee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Permittee or claimed to have been furnished to Permittee or to Permittee's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Permittee. 11.2. Bond: At any time Permittee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Permittor may at its sole option require Permittee, at Permittee's sole cost and expense, to obtain and provide toy Permittor a lien and completion bond in an amount equal to one and one-half(1-1/2) times the estimated cost of such improvements, to insure Permittor against liability for mechanics and materialmen's liens and to insure completion of the work. 11.3. Permittor May Make Improvements: Permittee agrees that Permittor, at its option, may at its own expense make repairs, alterations or improvements which Permittor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 11.4. Notification of Completion: Upon completion of capital improvements made on the Premises, it is the Permittee's responsibility to promptly notify Permittor of such completion. 12. ASSIGNMENT: 12.1. Assignment/Subletting: The sublease or any part thereof shall not be assigned by Permittee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Permittor, which consent shall not be unreasonably withheld. If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an assignment for purposes of this paragraph. OPERATING PERMIT 7 City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement- BHC Hangar.doc 12.2. No Release of Permittee's Liability: No assignment of this leasehold interest shall release Permittee from the obligation to pay the rent and to perform all other obligations to be performed by Permittee under the terms of its sublease. No assignment shall so release Permittee unless Permittor's consent is obtained pursuant to Paragraph 12.1. In the event that Permittor's consent to assignment is so obtained, Permittee shall be relieved of all liability arising from this permit and arising out of any act, occurrence or omission occurring after Pennittor's consent is obtained. The Permittee's assignee must assume and agree to carry out all of the obligations of Permittee under this permit. 13. DEFAULT: 13.1. Definition: It shall be a default of this Permit if the Permittee fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and/or city governments, any terms of this Permit and/or the underlying lease. 13.2 Action Upon Notice of Default: 13.2.1 In the event of default as provided above, the Permittor may, if it so elects, at any time thereafter, terminate this permit and the term hereof, on giving to the Permittee thirty (30) days notice (Notice of Default), in writing, of the Permittor's intention to terminate the Permit. 13.2.2. Alternatively, the Permittor may allow the Permittee to cure the default within thirty (30) days or, within that time, provide adequate assurance of future ability to cure the default. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee *ow by a third party acceptable to Permittor, a surety bond, or a letter of credit. The default must be cured within ninety (90) days of the notice of default. 13.3. Termination of Pei mit: Upon the expiration of either of the notice periods specified in Paragraph 13.2 above, and if the event causing the default is not corrected in a timely manner, this permit and the term hereof, together with any and all other rights and options of Permittee herein specified, shall expire and come to an end on the day fixed in such notice. 13.4. No Waiver of Remedies: In the event of default by Permittee, the Permittor may choose not to pursue a claim against Permittee. Such decision will not operate as a waiver of any other remedies or claims then available to the Permittor or those that may become available. 14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Permit shall be binding upon the parties, their successors and assigns, and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. RIGHT OF INSPECTION. Permittee will allow Permittor, or Permittor's agent, free access to the Premises at all reasonable times for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Permittor. OPERATING PERMIT 8 Nare City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OITasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement- BHC Hangar.doc 16. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at the end of the term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, 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 Permittee, shall be and remain the property of the Permittor 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. Permittee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 17. INSURANCE: 17.1. Personal Property: It is agreed that Permittor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Permittee, Permittee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Permittor does not cover any of the personal property of Permittee, Permittee's invitees or other persons upon the Premises through its insurance. Permittee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 17.2. Liability Insurance. The Permittee agrees to maintain, in force, during the term of this Permit a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto. 17.3. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Permittor and rated A-10 or better in "Best's Insurance Guides". Coverages shall be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an Additional Insured with that coverage being Primary and Non- contributory to any other insurance coverage available to the City. No such policy shall be cancelable or subject to reduction of coverage or other modification except after forty-five (45) days' prior written notice to Permittor. Permittee shall, not less than forty-five (45) days prior to the expiration of such policies, furnish Permittor with renewals or "binders" therefore. Permittee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any OPERATING PERMIT 9 City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\O1Tasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc • additional premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. If the Permittee shall fail to procure and maintain said `"" insurance the Permittor may, but shall not be required to, procure and maintain the same, but at the expense of Permittee. 18. LIMITATION UPON PERMITTOR'S LIABILITY. Permittor shall not be liable for any damage to property or persons caused by, or arising out of(a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(c) any act or omission of any Permittee or other occupants of the building, or their agents, servants, employees or invitees thereof. 19. INDEMNITY: Permittee covenants to indemnify and save harmless Permittor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Permittee or any of its agents, contractors, patrons, customers, or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Permittor by reason of any such claim, except such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee, on notice from Permittor, shall resist or defend such action or proceeding forthwith. 20. HOLDING OVER: Permittee understands that upon expiration of the term of this permit, Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if, without execution of any extension or renewal of this permit, Permittee should remain in possession of the premises after expiration or termination of the term of this permit, notwithstanding any extension of its sublease with Lessee, then the Lessee shall be in default of its lease, LAG 93-004 and Permittor may evict the Lessee and the Permittee. All the conditions, terms and provisions of this permit shall be applicable during such holding over. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Permittor of a breach by Permittee 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. 22. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefore, or sent by certified mail, to the following addresses: OPERATING PERMIT 10 �r. City of Renton to Kenmore Air 1-larbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement- BHC Hangar.doc a) For the City of Renton: b) For the Permittee: Airport Manager Kenmore Air Harbor, Inc. 616 West Perimeter Road,Unit A 6321 NE 175th Street Renton, Washington 98057 Kenmore, WA 98057 23. DISCRIMINATION PROHIBITED: 23.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex,national origin, or any other class of person protected by Federal or State law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Permittee further agrees 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 Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 23.2. 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. 23.3. Application to Sub-leases: Subject to the provisions of Paragraph 12 of this Permit, Permittee agrees that it will include the above clause in all assignments of this lease or sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub-leases. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, 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 paragraph shall not, however, operate to excuse Permittee from the prompt payment of rent, or any other payment required by the terms of this Permit, to be made by Permittee. 25. CAPTIONS: Article and paragraph captions are not a part hereof. 26. ENTIRE AGREEMENT: This Permit contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Permit may be modified in writing only, signed by the OPERATING PERMIT 11 City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\O1Tasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc parties in interest at the time of the modification. In the event of conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee, the terms of this Permit supersede. 27. 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. 28. CORPORATE AUTHORITY: If Permittee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Permit on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Permit is binding upon said corporation in accordance with its terms. 29. TRANSFER OF PREMISES BY PERMITTOR: In the event of any sale, conveyance, transfer or assignment by Permittor of its interest in the Premises, Permittor shall be relieved of all liability arising from this Permit and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. PERMITTEE: PERMITTOR: Kenmore Air Harbor, Inc. THE CITY OF RENTON a Washington corporation a Washington municipal corporation w By Todd Banks Kathy Keolker General Manager Mayor Date: Date: ATTEST: By Bonnie Walton, City Clerk Date: Approved as to legal form: City Attorney OPERATING PERMIT 12 '444ry City of Renton to Kenmore Air Harbor, Inc. H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\O1Tasks\Agenda Bills\Kenmore Air Operating Permit\Kenmore Air Operating Permit and Agreement-BHC Hangar.doc SUBLEASE This Sublease("Sublease")is effective as of the first day of October,2006,by and between BEAVER HANGAR CORPORATION, a Washington corporation ("Sublandlord") and Kenmore Air Harbor, Inc.,a Washington corporation("Subtenant"). `NW Seaplanes, Inc. is also a party to this Sublease as a guarantor of the obligations of the Subtenant. RECITALS A. The City of Renton, as landlord("Master Landlord"), and Sublandlord, as tenant,entered into a Lease dated October 28, 1993,(the"Prime Lease")which covers certain premises (the "Premises") located at Renton Municipal Airport in Renton, Washington, and situated upon land described in Exhibit A attached hereto. B. Subtenant desires to sublet from Sublandlord one(1)hangar bay and two (2)office/mechanics rooms (the"Subleased Premises")located in the Premises and Sublandlord desires to sublet the Subleased Hangar Premises to Subtenant, subject to the terms and conditions contained in this Sublease. The Subleased Hangar Premises are depicted on Exhibit B attached hereto.The agreed area of the Subleased Hangar Premises consists of approximately 5,558 sq. ft. of the approximately 11,885 sq. ft.hangar building. C. Subtenant desires to sub-sublet approximately 451 square feet of office space located in a portion of the Subleased Premises to the previous subtenant,NW Seaplanes, Inc., for a period not to exceed twelve(12)months from the date hereof. NOW,THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sublandlord and Subtenant hereby agree as follows: 1. Agreement to Lease. Sublandlord hereby leases to Subtenant and Subtenant hereby leases from Sublandlord the Subleased Premises. 2. Term.The term of this Sublease shall be for two (2)years eleven(11) months ,commencing on October 01,2006 (the"Commencement Date") and terminating,unless extended as set forth below, at midnight on August 31, 2009. 3. Option to Extend.Upon 60 days written notice, subject to the delivery notice requirement set forth in Paragraph 20, Subtenant has the option to renew for an additional term of five(5) years, commencing on the expiration date of the initial terms hereof and terminating at the end of the five-year period. If Subtenant exercises the right of extension, rent shall be established to reflect the current market rate for similar space at the Renton Airport,but it shall not be less than the rent set forth in Paragraph 4 of this Sublease, as increased by the same percentage that the CPI may increase from August 31, 2004 to September 1,2009. lifter 4. Rent. Subtenant shall pay to Sublandlord rent for the Subleased Hangar Premises of Four Thousand Dollars ($4,000)per month(the"Rent"), payable in advance, without offset or deduction, on the first day of each month commencing on October 1, 2006. Subtenant acknowledges and agrees that the Prime Lease and this Sublease are triple net leases intended to provide the City, as Master Landlord, and Sublandlord, respectively,with the net income from rent,free and clear of any and all expenses, charges,taxes, costs and expenses imposed on the Sublandlord under any provisions of the Master Lease which arise during the initial term or extended term of this Sublease including,without limitation,the pro-rata share of insurance premiums paid by the Sublandlord. Both the rent and any such additional charges shall be set forth in a monthly invoice delivered to Subtenant by Sublandlord. In the event that the rent charged the Sublandlord under the Prime Lease is increased by the Master Landlord during the term of this Sublease, the rental amounts to be charged Subtenant shall be automatically increased by 47%the amount of the increase to the base ground rent paid by Sublandlord to the City. 5. Utilities. Subtenant shall pay to Sublandlord 47% of the monthly utilities expenses including electricity, gas,heat,water, sewer,and garbage each month payable with the monthly rent. 6. Late Payment Charge. Sublandlord and Subtenant agree that if the rent to be paid hereunder is not paid before the 10th day of each month,there will be added a `'ow late payment charge of five percent(5%)per month for each month delinquency until paid. It is agreed that this late payment charge is a reasonable estimate of the increased cost to Sublandlord to monitor and collect late payments. 7. Alterations. No alterations shall be made in the improvements and facilities constructed on the Subleased Premises without the prior written approval of Sublandlord,which shall not be unreasonably withheld. Any alterations made by Subtenant following Sublandlord's approval shall be paid for by Subtenant on a lien-free basis. 8. Use. The purpose and use of this Sublease and Subtenant's use of the Premises shall be for the maintenance of Subtenant's seaplanes,to store aircraft,to provide seaplane maintenance services to the general public and for the conduct of Subtenant's commercial aircraft services. 9. Prime Lease.This Sublease is subject to the provisions of the Prime Lease and Subtenant shall not suffer any act or omission that will violate any of the provisions of the Prime Lease. If the Prime Lease terminates,this Sublease shall terminate and the parties shall be relieved from all liabilities and obligations under this Sublease;provided,however,that if the Prime Lease or this Sublease terminates, as a result of a default of either party then such party shall be liable to the other party for all 'iw Page 2 of 9 damages suffered by such party as a result of termination of the Prime Lease or this Sublease. 10. Incorporation of Terms of Prime Lease. All terms of the Prime Lease (other than those obligating Sublandlord to make payments to Master Landlord) are incorporated into this Sublease as if fully set forth herein. Sublandlord does not assume the obligations of Master Landlord under any of the provisions of the Prime Lease. 11. Default. If: 11.1 Subtenant shall fail to make payment of any sum to be paid by Subtenant under this Sublease five(5) days following Sublandlord's written notice to Subtenant of such failure to pay; or 11.2 Subtenant shall fail to perform any of the other covenants or conditions that Subtenant is required to observe and perform under this Sublease fifteen(15)days following Sublandlord's written notice to Subtenant of such failure to perform; then Sublandlord may treat the occurrence of any one or more of the foregoing events as a default by Subtenant under this Sublease, and thereupon, Sublandlord may terminate this Sublease and pursue any and all other rights and remedies provided Sublandlord at law or in equity. 12. No Right to Sublet or Assign. Sublandlord hereby provides consent to the Subtenant to sub-sublease approximately 451 square feet of office space in the Sublet Premises to NW Seaplanes,Inc. for a period not to exceed twelve(12)months from the NuisiO date hereof. This sub-sublease shall be subject to all the terms and condition of this Sublease and the Prime Lease. Otherwise, Subtenant may not assign or sublet all or any portion of the Premises without prior written consent of Sublandlord. 13. Hazardous Substances. Subtenant shall not dispose of or otherwise allow the release of hazardous waste or materials in, on or under the Premises,or any adjacent property or improvements owned or leased by Sublandlord. Subtenant represents,warrants to Sublandlord that Subtenant's intended use of the Premises does not involve the use,production, disposal or bringing on to the Premises of any hazardous waste or materials,other than fuels,lubricants and other products which are customary and necessary for the Subtenant's ordinary course of business. As used herein the term "hazardous waste or materials" includes any substance,waste or material defined or designated as hazardous,toxic or dangerous(or any similar term)by any federal, state or local statute,regulation,rule or ordinance now or hereafter in effect, including,but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, and the Model Toxics Control Act,RCW 70.105D. Subtenant promptly shall comply with all statutes,regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction,relating to the use, collection,treatment,disposal, storage, control,removal or cleanup of hazardous waste or materials in,on or under the Premises or any adjacent property or improvements owned or leased by Subtenant at Subtenant's expense,to the extent the presence of such Nod Page 3 of 9 hazardous waste or materials results from the acts or omissions of Subtenant or any other err person or party for whom Subtenant would otherwise be liable, including but not limited to Subtenant's agents, representatives, subtenants,suppliers or users of Subtenant's services on the Premises (collectively,"Additional Parties"). After notice to Subtenant and a reasonable opportunity for Subtenant to effect such compliance, Sublandlord may,but is not obligated to enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Premises;provided,however, that Sublandlord shall not be obligated to give Subtenant notice and an opportunity to effect such compliance if (a) such delay might result in material adverse harm to Sublandlord or the Premises; (b) Subtenant already has had actual knowledge of the situation and a reasonable opportunity to effect such compliance, or(c) an emergency exists. Whether or not Subtenant has actual knowledge of the release of hazardous waste or material on the Premises or any adjacent property as the result of use of the Premises by Subtenant or any Additional Parties, Subtenant shall reimburse Sublandlord for the full amount of all costs and expenses incurred by Sublandlord in connection with such compliance activities, and such obligation shall continue even after the assignment or termination of this Sublease. Subtenant shall notify Sublandlord immediately of any release of any hazardous waste or materials on the Premises. Subtenant agrees to indemnify and hold harmless Sublandlord against any and all losses, liabilities, suits, obligations, fines, damages,judgments,penalties, claims, charges, cleanup costs,remedial actions, costs and expenses(including,without limitation, consultant fees, attorney's fees and disbursements)which may be imposed on, incurred or Nose paid by, or asserted against Sublandlord or the Premises by reason of, or in connection with(a) any misrepresentation,breach of warranty or other default by Subtenant under this Sublease, or(b) the acts or omissions of Subtenant or any Additional Parties resulting in the release of any hazardous waste or materials. Sublandlord agrees to indemnify and hold harmless Subtenant against any and all losses, liabilities, suits obligations,fines,damages,judgments,penalties, claims, charges, cleanup costs, remedial actions, costs and expenses (including, without limitation, consultant fees, attorney's fees disbursements)which may be imposed on, incurred or paid by, or asserted against Subtenant by reason of,or in connection with(y) any misrepresentation,breach of warranty or other default by Sublandlord, or any other person for whom Sublandlord would otherwise be liable(with the exception of Subtenant or any Additional Parties) resulting in the release of any hazardous waste or materials. 14. Acceptance of Premises. Subtenant accepts the premises in their present condition. Except for reasonable wear and tear and damage by casualty, Subtenant shall preserve the Subleased Premises in as good repair as they now are or may hereafter be put into. All repairs shall be at Subtenant's sole cost and expense, except outside walls, roof and foundation. At the expiration or sooner termination of this Sublease, Subtenant will quit and surrender the Subleased Premises in a neat and clean condition and will dispose of, at Subtenants expense, all.debris and waste materials. Subtenant shall also New Page 4 of 9 deliver all keys belonging to the Subleased Premises to Sublandlord or Sublandlord's agent. 15. Insurance. (a) Liability Insurance—Subtenant shall during the Sublease term, at its sole expense,maintain in full force a policy of aircraft and premises liability insurance in an amount not less than One Million Dollars ($1,000,000)per occurrence. Subtenant shall also pay for and shall maintain in full force and effect during the term of this Sublease a standard form policy of aircraft physical damage insurance covering the aircraft owned by Subtenant and located in the Subleased Premises. Subtenant shall name Sublandlord on its insurance policy as an additional insured. Subtenant shall provide Sublandlord a copy of the Certificate of Insurance annually upon renewal of Subtenant's policy. (b) Personal Property—It is agreed that Sublandlord shall not be held liable in any manner for or on account of any loss or damage to personal property of Subtenant, its sub lessees, guests, invitees or customers,which may be sustained by reason of fire,water or other insured peril, or for the loss of any articles by burglary,theft or any other cause from or upon the Premises. It is acknowledged that Sublandlord does not cover any of the personal property of Subtenant through its insurance. Subtenant is solely responsible to obtain suitable personal property insurance at its discretion. 16. Successors and Assigns. The covenants and agreements of this Sublease shall be binding upon the successors, assigns,heirs and legal representatives of the parties hereto. 17. Quiet Possession. Sublandlord warrants that, so long as Subtenant is not in default under this Sublease beyond any applicable cure period with respect to a default for which Sublandlord has notified Subtenant, Subtenant's quiet possession of the Subleased Premises shall not be disturbed by Sublandlord or others claiming through Sublandlord. 18. Attorneys' Fees. If by reason of any default on the part of either party it becomes necessary for such party to employ an attorney,or if such party shall bring an action for any relief against the other party, declaratory or otherwise, arising out of this Sublease, and such party shall prevail in such action,then and in any of such events the losing party shall pay the prevailing party a reasonable attorney's fee and all costs and expenses expended or incurred by the prevailing party in connection with such default or action, including expenses of appeal. 19. Notice to Master Landlord. Sublandlord shall provide written notice to Master Landlord as required in the Prime Lease dated October 28, 1993 upon the initiation of such subletting to the Subtenant. 20. Notices. Whenever in this Sublease it shall be required or permitted that notice or demand be given or served by either party to this Sublease to or on the other, such notice or demand shall not be deemed to be given or served unless such notice is in writing and personally delivered, and a receipt therefore obtained from an authorized Page5of9 • recipient, or forwarded by certified or registered mail, addressed to the addresses of the parties specified below: If to Sublandlord: Beaver Hangar Corporation c/o Christopher T. Bayley Dylan Bay Charters 1411 Fourth Avenue,#1430 Seattle,WA 98101 OR Marsha Spengler, Bookkeeper 2902 Lake Washington Blvd.North Renton,WA 98056 If to Subtenant: Kenmore Air Harbor, Inc. Todd Banks 6321 N.E. 175th Street Kenmore,WA 98028-0064 If to NW Seaplanes, Inc: NW Seaplanes, Inc. P. O. Box 1845 Renton,WA 98057 ,,; Either party may change such address by written notice by mail to the other.The foregoing method of service shall be exclusive and each party hereby waives, to the fullest extent waivable under the law, the right to any other method of service required by any statute or law now or hereafter in force. 18. Entire Agreement.This Sublease contains all the agreements between the parties and shall not be modified except in writing and signed by both Sublandlord and Subtenant. 19. NW Seaplanes,Inc. In the event that the Subtenant defaults during the initial term of this Sublease, the Sublandlord agrees to provide written notice to NW Seaplanes of such default and NW Seaplanes shall be jointly and severally liable with the Subtenant to the Sublandlord for the obligations under this Sublease. The liability of NW Seaplanes hereunder shall terminate upon any extension, modification or alteration of this Sublease agreed to by Sublandlord and Subtenant or their successors or assigns. EXECUTED as of this /C77 day of September,2006. SUBLANDLORD: BEAVER HANGAR CORPORATION, a Washingt�tion By X147 Its et-e4-14g'--e ems4 Page6of9 Noise SUBTENANT: Kenmore Air Harbor,Inc. BY Its C._„.l �- �✓ NW Seaplanes,GInc., a Washington Corporation • By t ' ti'" _" Its Pre s ATTACHMENTS: Exhibit A Description of Premises Exhibit B Depiction of Subleased Premises • • Nvard • Page 7of9 `orrr STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this /9' day of September, 2006,before me, a Notary Public in and for the State of Washington,personally appeared Chrisfopher 1. Oa/Ivy , personally • known to me(or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument,on oath stated that he was authorized to execute the instrument, and acknowledged it as the Prtes/Jcttf of BEAVER HANGAR CORPORATION,to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year ,f rst a'f ove written. * • . NOTARY PUBLIC in and for the State of *'`" `� Washington,residing at eee��f/e, WA _r o t"�' My appointment expires 0 2-0 8-v9 ;� Print Name cf"O4AJNA e' CISECL , • 'owe STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this /9A day of September, 200#6 e ore a N9y Public in and for the State of Washington,personally appeared 0' /��L personally known to me (or proved to me on the basis of sa isfactory evidence) to be the person who executed this instrument, on oath stated that , was authorized to exe ute the mtr)yment, and acknowledged it as the lr �,. . of KENMORE AIR HARBOR, INC, to be the volu free and_ ntary act �d deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOS,' have hereunto set t y ha d .nd official .esl the d. . d year first above writte . ,et.'.c d'ir, l �,��' N; OT 'Y PUBLIC in a •e for t estate of , t N': PO `C 1 Washington, residing a -• ,� • fi 9 s' My appoint •nt -.pire I ��! 4g�� .�/a2g'p•\ Jr Print Name „ / .4 ,' La, WAS Page 8 of 9 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of September, 2006,before me, a Notary Public in and for the State of Washington,personally appeared C(y&._ carlti o---� ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that h_ was authorized to execute the instrument, and acknowledged it as the ?r-t_. \ rt of NW SEAPLANES,INC.,to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and off17.1 s•=1 th• day and year first above written. / , \\\\\"��,,'t NOTARY PUBLIC and for the State of CAR4 '1111 �� Washington,residing at &2tl�vv2 Gg• 0 1/ My appointment expires - = =. a col t Print Name Et c- 5 C_9 rl o r, v =0 • _ s i i %V • %Z i 'OuB��0` 044, 1-3A- /�IIIIFOp wAg%-\o= Page 9 of 9 . • • toAd ,g /4 ' DATE 10-2 --13 • EXHIBIT"A" • BHG,INC. . NORTHWEST HANGAR PROPERTY • aka 850 BUILDING That portion of the Northwest Quarter of Section 7,Township 23 North Range 5 East W.M.described as follows: ' . Commencing at a point 10 feet northerly of the intersection of the West Margin of Lake Avenue South(formerly Lake Street)with the centerline of Airport Way S.-(formerly Dixie Avenue according to the plat of Renton Real Estate Pint as recorded In Volume 21,Page 50 Records of King County;Washington); ' Thence South 8703017"East on a line 10 feet North of and parallel to the centerline of Airport Way South a distance of 286.21 feet to its intersection with the southerly extension of ' the centerline of the existing runway of the City of Renton Airport; Thence along said runway centerline North 04049'43"West a.distanct of 294.74 feet to a.. • 4411.10 point referred to as Runway Station 0+00; ' Thence North 04°49'43".West a distance of 4,792.70 feet; Thence South 85°10'17" West a distance of 375.00 feet; Thence South.04°49'43"East a distance of 22.50 feet to the True Point of Beginning, Thence South 04°49'43"East a distance of 167.50 feet; Thence South 85010'17"West a dicance of.170.18 tett; Thence North 04049'43" West a distance of 40.00 feet; • - Thence South 85°0017"West a'distance of 170.00 feet; • Thence North 04°53'45"East a distance of 129.52 fest: Thence North 85°10'17"Fatt a distance of 318.44 feet to the True Point of Beginning AREA: 48,778.57 square feet • LEASE AGREEMENT- 18 ORIGINAL • City of Renton to HHC,Inc. r ov.6 , • riv T I 4- , It ) 64 )1S1, q 902.4 #•4: Si;4. 102- •s,s, 4.ct /02.eig st ft qv,1Y pot sizIgor. 01664.0 ?„. 70I 13,411 * MY 741-sslai- barisht .1116* ett.65?),,Terti) 9oz,Sg. Slcir 960-1W•Pit lozzg set Ft- croses•sirgi • _ • eDi CD) CI) gw. Seel fickiit t4sE. • IN1 . E.4 pg • *owe SUBLEASE AGREEMENT I. PARTIES cc-(-oh-r This Sublease is entered into as of the f day ofAepteuer, 2006, by and between Kenmore Air Harbor, Inc.("Sublessor"), a Washington corporation, Sublessor,and NW Seaplanes,Inc. ("Sublessee"), a Washington corporation. This is a Sub-Sublease under the Master Lease between the City of Renton,as Master Landlord, and Beaver Hangar Corporation("BHC"), a Washington corporation, as Master Tenant, dated Octo er 28 1993 ("Master Lease"), and a sublease between BHC and Kenmore Air Harbor, Inc,. dated r 4 , 2006 ("Master Sublease"). Copies of the Master Lease and Master Sublease are attached hereto as Exhibit A and Exhibit B,respectively,and incorporated herein by reference. II. PROVISIONS CONSTITUTING SUBLEASE This Sublease is subject to all of the terms and conditions of the Master Lease and the Master Sublease, except as specifically exempted herein and Sublessee shall assume and perform the obligations of Sublessor as provided for in the Master Lease and Master Sublease,to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. This Sublease shall control in the event of a conflict between it and the Master Lease or the Master Sublease. Sublessee shall not commit or permit to be committed on the subleased Premises any act or omission which shall violate any term or condition of the Master Lease or Master Sublease. Sublessee agrees to observe and comply with the general operating restrictions of the Master Lease and Master Sublease and not to act or omit to act so as to cause a default under the Master Lease or Master Sublease. In the event of the termination of Sublessor's interest under the Master Sublease for any reason,then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee. III. PREMISES Sublessor leases to Sublessee and Sublessee leases from said Sublessor the following described Premises: approximately L/5 ( square feet of office space located in the building as generally described on Exhibits A and B of the Sublease. The specific area of the Premises subject of this Sublease is shown on Exhibit C,which is attached hereto and incorporated herein by reference. IV. TERM The term of this Sublease shall be for a period commencing on October 1,2006 and ending at midnight on September 30,2007,unless sooner terminated pursuant to any provision hereof. V. RENT Sublessee shall pay to Sublessor$500.00 per month rent for the Premises. Except as set forth herein,rent shall be payable without notice or demand and without any deduction,offset,or abatement in lawful money of the United States of America to Sublessor at the address stated herein or to such other persons or at such other places as Sublessor may designate in writing. In addition to the monthly base rent of$500.00,the Sublessee shall pay Sublessor 12.5%of the operating expenses and any other amounts that Sublessor is required to pay BHC under the Master Sublease This Sublease is also subject to any CPI or any other cost of living increase provided for in the Master Sublease. 5ablt� \.40\\ nod 'De_ kk..\5, c.- F. onv� }-tn4,gnr V-"5 tIOVN l CI-1 1'\'5 ✓-k ( C, 1)•/fir -1, v 4,-k_ 4 depoli err/ 410 1 VI. USE The Premises shall be used and occupied by Sublessee as general office space and for no other purpose without the prior written consent of Lessor which shall not be unreasonably withheld. VII. SIGNAGE Sublessee, at its sole cost and expense, shall be permitted to install and maintain signage with approval thereof by Lessor and Sublessor, which approval Sublessor agrees shall not be unreasonably withheld or delayed. Sublessee shall remove all signage and repair any damage caused thereby at its sole cost and expense prior to the expiration of the term of the Sublease. Address: SUBLESSOR: KENMORE AIR HARBOR,INC. 6321 N.E. 175th Street P.O.Box 82064 By:�� �!S Kenmore,WA 98028-0064 Its: 6�`7 ✓ Address: SUBLESSEE: NW SEAPLANES,INC. By: 466- ..7‘e c� 2 tri STATE OF WASHINGTON ) i )ss. County of ) , On this I day of..-44e//1' ,2006,before me,the undersigned,a Notary Public in and for the �State/ o W./ ington, duly commissioned and sworn, personally appeared 7;6(41 - _5- ,to me known to be they1 /7n(" IGt�!' of Kenmore Air Harbor, Inc.,the corporation that executed the foregoing instrument,and ackn ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. Witness m 4nd.oficial seal hereto affix-. .'e day and year first abov. itten. � E 4 '4 • :a \JOTARY ts,: r �i 7 L io.i I• (Print Name) f i U r.+ 1 NOTA' PUBLIC in an. fo he tate of , S Nt: PUBUG ./Z.f Washington,residing a _ //6--.� A /L i ��i AT •'• 0,. ' My commission expires: 1 t��� it zr STATE OF WASHINGTON ) )ss. County of ) On this '-v day of AC.^A\c".P/R_ ,2006,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C I.t Cr-\S a^ , to me known to be the p,„-t 4-c-4 of NW Seaplanes,Inc.,the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year fabove written. 11 `\�‘\\\""1t11lll CARts. / i.(--,,..._ 5 CG-r\50.� (Print Name) -•�.,..••wi,,,,M N I NOTARY PUBLIC in and for the State of J E't4'<p�',�,� i� Washington,residing at �c,t\�v••Z 0.js``=ot�ty My commission expires: I- I- ory y '•; '�^moo O S.,, pus, 0c_ 'i dA9,4„01�„3`N-.����� /I/���i�O��WP�?,\1 1,5.401141,4:emmore Av'.Clyde C.rd.en PSAYt..e F,dsur..n[ual...etNW Sea p&. .1oa609-It6.e 3 APPROVED BY CITY COUNCIL UTILITIES COMMITTEE COMMITTEE REPORT Date 7-9- /007 July 9, 2007 Dohrn Street Vacation Fee Waiver Request for Street Vacation, VAC-05-003, Portion of Aberdeen Ave NE (Junes, 2007) The Utilities Committee recommends concurrence in the staff recommendation to deny Mr. Dohrn's request to waive the appraisal and compensation. The committee further recommends that the petitioner submit an appraisal and pay the City fair compensation for this right-of-way for Street Vacation, VAC-05-003. (11), `A Dan Clawson, Chair Terri Brier,, ice Chair 1&6(4.L, Denis W. Law, Member cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor APPROVED BY CITY COUNCIL FINANCE COMMITTEE Date 7-9-Ro07 COMMITTEE REPORT July 9, 2007 Enterprise Maintenance Management System software and contract approval. (Referred 7/2/2007) The Finance Committee recommends concurrence in the staff recommendation to approve a contract with InFor Global Solutions, Inc. in the amount of$494,102 as negotiated from the RFP response and the hiring of a limited term project manager. Don Persson, Chair 6itift bit ktai— Denis W. Law, Vice-Chair Dan Clawson, Member cc: Jennifer Henning George McBride APPROVED BY -f CRY COUNCIL Date 7- 9- aao 7 FINANCE COMMITTEE COMMITTEE REPORT July 9, 2007 Fire District Liaison Position for the Fire Department (Referred July 2, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve the proposed creation of a new City of Renton employee position of Fire District Liaison to provide administrative support for King County Fire District 25 and the City of Renton Fire Department. Don Persson, Chair p&ete.), 4; Denis W. Law, Vice-Chair 040 Dan Clawso , • ember cc: I.David Daniels,Fire Chief/Emergency Services Administrator Stan Engler,Battalion Chief, Joan Montegary,Acting Administrative Secretary II Michael 1e)e6by talefil APPROVED BY I FINANCE COMMITTEE REPORT CITY COUNCIL July 9, 2007 Date 24'"" APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on July 9, 2007, claim vouchers 261331-261796 and 2 wire transfers, totaling $3,918,696.30, and 709 direct deposits, 315 payroll vouchers, and 0 wire transfers, totaling $2,325,070.89 . Don Persson, Chair 64/11 Z4,1"/ Denis Law, Vice-Chair 4),t, Dan Clawson, Member APPROVED BY CITY COUNCIL Date 7- 9- Rao 7 FINANCE COMMITTEE COMMITTEE REPORT July 9, 2007 Authorization to extend the Weston Solutions contract for EMMS. (Referred 7/2/2007) The Finance Committee recommends concurrence in the staff recommendation to approve a extension of Weston's contract in the amount of$150,000 to assist in the implementation of the EMMS project. Don '`rs.on, Chair Denis W. Law, ice-Chair Dan Clawson, Member cc: Jennifer Henning &corsc fll Bride_