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City Council Committees - Public Works/Planning - 04/16/2012 (3)
I Public Works Committee Agenda Councilmembers:Dana Ralph-Dennis Higgins.Elizabeth Albertson, Chair • KENT April 16, 2012 1AII,i IGT 11 4:00 p.m. Item Description Action Speaker Time Page 1. Amendment to Interlocal Agreement with YES Alex Murillo 05 03 King County - Stormwater Pond Maintenance 2. Contract/Washington Patrol Division - After YES Kevin Swinford 05 09 Hours Remote Watershed Security 3. Soil Screener Equipment Purchase YES Greg Reed/ 05 13 Shawn Gilbertson 4. Lease Agreement/Plemmons Industries - YES Steve Mullen 05 17 Traffic Sig nal/Streetlighting Maintenance Facility 5. Information Only/Railroad Quiet Zone - NO Steve Mullen 05 35 Update 6. Information Only/Riverview Park NO Beth Tan 05 37 Side-Channel Restoration and Ground Breaking Ceremony 7. Information Only/2012 Street Update NO Bill Thomas 15 39 8. Information Only/Transportation Advisory NO Tim LaPorte 05 41 Committee - Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. 3 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 4, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Alex M. Murillo, P.E., Environmental Engineering Supervisor Through: Mike Mactutis, P.E., Environmental Engineering Manager Subject: Amendment to the City's Interlocal Agreement with King County to Perform Maintenance on the City's Stormwater Ponds Item - 1 Motion: Move to recommend Council authorize the Mayor to sign an Amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As a condition of the city' s National Pollutant Discharge Elimination System (NPDES) Phase II Permit (NPDES Permit) and keeping in compliance with the federal Clean Water Act, maintenance of our stormwater facilities is required, which includes stormwater pond cleaning. To keep the City in compliance with our NPDES Permit and to reduce our overall costs, the City is proposing to contract with King County to complete the maintenance of 41 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively. The City has an existing Interlocal agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement was executed in 1997 to take advantage of King County's maintenance and operations resources. By entering into an Amended Interlocal Agreement with King County, we are able to meet our NPDES Permit requirement, complete the work, and have a functional stormwater system, all while reducing the city's overall cost for the project. The cost to use King County crews for this work is not to exceed $620,000. Budget Impact: Funds for this project have been budgeted through the City's Storm Drainage Utility. Similar work was completed in 2011. 4 This page intentionally left blank. 5 Additional Services Interlocal Agreement Between King County and City of Kent For The Provision of Surface Water Services Scope of Work 2012 Citywide Stormwater Pond Maintenance King County will provide services to the City of Kent under this Scope of Work pursuant to the Interlocal Agreement Between King County and the City of Kent for the Provision of Surface Water Services, executed March 26, 1997. PROJECT DESCRIPTION The project consists of removing approximately 2,600 tons of soil sediments and 1,500 cubic yards of vegetation growth from 41 identified City owned stormwater ponds. This work will help restore the overall stormwater runoff holding capacity of the ponds that have diminished over the years with sediment and vegetation build-up. This work will also include miscellaneous items and other related work associated with the maintenance of the stormwater ponds. The purpose of this project is to perform work identified as a maintenance component within the City's National Pollutant Discharge Elimination System Phase II Permit. The NPDES Phase II Permit requirements state that after a deficiency is found within city owned stormwater ponds that the City has 24 months from the date of inspection to make the necessary repairs. TASKS City of Kent has developed a project package for the project titled 2012 Citywide Stormwater Pond Maintenance dated April 2012, which provides a detailed description of all required tasks and is attached as Exhibit A. The following is a summary of key tasks: A. Temporary Erosion and Sediment Control 1. The following tools and materials will be available on site and deployed as needed during construction: • Straw bales for slope mulching • Silt fencing for perimeter siltation control • Hand brooms, street sweepers, and wash trucks for control of sediments on paved traffic surfaces • A spill response kit All paved traffic areas will be kept free from sediment accumulations by daily sweeping or washing. B. Traffic Control 1. Maintain all traffic with traffic control flaggers throughout construction activities. Additional Work: Interlocal Agreement 1 King County and City of Kent Surface Water Services 6 C. Miscellaneous Maintenance 1. Perform mowing and selected removal of trees and tree stumps that exceed 18 inch diameter. Place riprap around conveyance lines that inlet into the pond as stated within the specifications provided. Place crushed rock surfacing as directed by City staff. 2. Remove and restore fencing as shown on site drawings, the specifications and or by the City representative. 3. Clean out inlet, outlet pipes and repair pipes with damaged ends as shown on the site drawings or as directed by the City representative. D. Removal and Disposal of Material 1. Remove and properly dispose of solids and sediments within the 41 listed stormwater ponds. The estimated quantity of soil sediments removed is 2,600 tons and 1,500 cubic yards of vegetation growth. 2. Hydroseed the exposed soil areas that have been impacted by the maintenance activity as stated within the specification package and shown within construction plans or as directed by the City representative. SCHEDULE Work is anticipated to start as early as May 14, 2012 for stormwater ponds that are dry. All work activities shall be completed no later than September 30, 2012 unless otherwise allowed in writing by the City representative . Hours of construction between 7:00 am and 10 pm. ESTIMATED COST The project work is currently estimated to not exceed $620,000, which includes some contingency to account for unexpected costs or additional pond work that may be added during the maintenance activity. As provided in Exhibit B, the county has provided an estimate of$514,563.51 to perform the work. The County will provide the City all invoices and costs incurred for construction costs. If any change order is needed, the County will immediately inform the City in writing of the proposed changes and the change order work shall not proceed until the City has approved. The amount of any change orders shall not cause the total costs for the project work to exceed the above estimate. Authorized by City of Kent: Name: Suzette Cooke Title: Mayor Date: Additional Work: Interlocal Agreement 2 King County and City of Kent Surface Water Services 7 2012 Kent Pond Maintenance Estimated Cost Estimated Brush Estimated Sediment Pond Asset ID Submitted Iremoval cv's I removal tons Z01 $10,973,06 0 36 Y01 $7,665.92 0 48 FF06 $7,848.94 0 48 DD01 $27,907.00 250 120 X04-B $8,047.34 10 60 JJ09-A $10,466.00 20 48 JJ09-B $7,357.80 10 24 JJ09-C $10,447.06 10 36 JJ09-D $11,455.86 0 120 FF07 $15,044.94 0 120 EE18 $7,859.12 0 36 PP05 $7,889.12 0 36 FF11 $20,465.96 80 48 Y05 $13,740.32 50 24 FF08 $7,758.72 0 36 W13 $11,283.12 0 72 1102 $10,936.32 0 48 FF02-A $7,647.92 0 36 BB05 $14,036.72 50 48 EE06 $10,650.72 0 72 PP01 $7,039.44 20 24 EE31 $8,122.52 0 48 Y02 $7,915.92 10 48 TT04 $4,687.06 0 36 FF09 $16,952.52 80 36 EE08 $8,112.92 0 96 FF13 $7,639.92 10 24 VO4 $3,269.92 10 12 W07 $16,703.32 90 24 W04 $11,338.12 10 72 TT05 $11,426.52 0 84 ZZ07 $49,951.84 250 240 ZZ22 $7,860.92 0 48 ZZ05 $14,691.92 0 132 0005 $7,797.92 0 36 ZZ15 $10,261.80 30 84 ZZ12 $4,705.06 10 12 EE09-B $17,024.82 120 96 EE09-E $16,969.75 160 96 FF03-B $34,614.90 120 168 ZZ21 $17,994.44 120 24 Totals: $514,563.51 1520 2556 8 This page intentionally left blank. 9 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 22, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Kevin R. Swinford, Water Field Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Contract/Washington Patrol Division — After Hours Remote Watershed Security Item - 2 Motion: Move to recommend Council authorize the Mayor to approve a Goods and Services Agreement between the City of Kent and Washington Patrol Division to provide after hour security patrols for Kent and Clark Springs watersheds in an amount not to exceed $2,550 per month, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Kent Water oversees the operation and security of two watersheds located in the Black Diamond/Maple Valley area, Kent and Clark Springs. These two sites provide a significant portion of Kent's daily water supply. Security is a very important matter at all water facilities and due to the remote nature of these two primary water sources the City has contracted with local security firms in the past to provide after hour and weekend security patrols. Washington Patrol Division provided the lowest of quotes from local security firms. They provided security services in 2011 and have provided a high level of service. Budget Impact: There is no unbudgeted fiscal impact as this is an annual cost which is included in water department operating costs. Funding the $30,600.00 contract would come from the 2012-2013 Water utility operating budget. 10 This page intentionally left blank. 11 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 22, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Kevin R. Swinford, Water Field Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Contract/Washington Patrol Division — After Hours Remote Watershed Security Item - 2 Motion: Move to recommend Council authorize the Mayor to approve a Goods and Services Agreement between the City of Kent and Washington Patrol Division to provide after hour security patrols for Kent and Clark Springs watersheds in an amount not to exceed $2,550 per month, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Kent Water oversees the operation and security of two watersheds located in the Black Diamond/Maple Valley area, Kent and Clark Springs. These two sites provide a significant portion of Kent's daily water supply. Security is a very important matter at all water facilities and due to the remote nature of these two primary water sources the City has contracted with local security firms in the past to provide after hour and weekend security patrols. Washington Patrol Division provided the lowest of quotes from local security firms. They provided security services in 2011 and have provided a high level of service. Budget Impact: This is an annual cost which is included in water department operating costs. Funding the $30,600.00 contract would come from the 2012-2013 Water utility operating budget. 12 This page intentionally left blank. 13 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASH INGrou Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 5, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Greg Reed, Utility Superintendent Shawn Gilbertson, Environmental Scientist (NPDES) Through: Tim LaPorte P.E., Public Works Director Subject: Soil Screener Equipment Purchase Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a purchase order for the purchase of a soil screener subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In 2010 the city of Kent received a grant from the Washington State Department of Ecology called the FY 2011 Municipal Stormwater Capacity Grant. The sum of the grant funds was $367,065 to be spent by June 2012. Subsequent to this grant, Council accepted a recent addition and extension, increasing the total funds accepted to $417,065 and requiring them to be spent by June 2013. The grant is to be used exclusively for the purpose of addressing stormwater needs that protect water quality relevant to the City's Phase II Municipal Stormwater National Discharge Elimination System (NPDES) permit. Under the guidelines of the grant, a soil screener is an approved purchase. The purchase of a soil screener would allow Public Works Operations crews to: 1. Filter out trash and debris from catch basin solids collected during cleaning and maintenance. 2. Aerate the solids to speed the composting process 3. Eliminate the cost of renting a screener 4. Provide low-cost compost for roadside plantings These elements will increase efficiency, and allow staff to maintain their schedule of catch basin maintenance and repairs while simultaneously saving money on rental costs and staff time. Budget Impact: The screener will be purchased with grant money. No match required. 14 This page intentionally left blank. 15 i i - PORTLAND BRANCH SEATTLE BRANCH d a $' 13S05NF SANDY BLVD,(g7230) 8207 S.216TH KENT,WA 98032-1935 ,� w �✓ �f-,{/ 7 P O HOX 20577(97254)PORTLAND.OR PH(206)762-5933 1-000-9355933 ,.? n� PH 1 600.929-593'b fAX(G09)252-1769 FAX(206)7633117 V SPOKANE BRANCH EUGENE BRANCH 3101 L.TRENT AVE SPOKANE,WA 99202 1550 IRVING RD. EUGENE,OR 97,102 Sales Order PH(509)534-5933 i-E00 D38-5D33 PH (541)302-$762 FAX(509)534-528r FAX (191)302-3763 SINCE 1911-THr SOURCE FOR CONTRACTORS IN THE WEST To: I CITY OF KENT Date: 3/1 4/1 2 PUBLIC WORKS OPERATIONS Proposal Na Address: 5821 SO 240TN ST� ! KENT WA98032 FA.B. Point: ClydeANest Kent Yard Attention: RON GREEN Acceptance period: 30 Days In accordance with the terms and condition=_staled herein and Phe following page hereof, - I Clydel4Vesf,Inc. Offers to Sell,furnish and deliver FOri shipping point,the equipment descrihed. QUANTITY DESCRIPTION Ann©uNr ONE Used ViOrotech SCM75 Screen Stock No 6233 Hours:863 Top Deck 4" Bottom Deck 3/4"x5"slot $61,595.00 Additional screens for lower deck: I'I 518"square opening $480.00 3/4"square opening $546.00 I"square opening $596.00 New paint and decals $3,500,00 I!i Machine was serviced as part of last rental return-no charge Total $66,717.00 Tax@9.5% $6,338A2 I TERMS : _ Total including Tax- $73,055.12 IMPOf�TANT: ADDITION At_TFRMS ARE LOCATED ON 2nd PAGE OF THIS DOCUMENT, INCLUDING WARRANTY AND DISCLAIMER PROVISIONS,ALL OF WHICH SHALL BE CONSIDERED PART OF THIS QUOTATION, Estimated delivery date after ieceipt of order u SllbtnlEte[I.by: GARY BRAAFLAZ' complete infomlatioa has been provided. Accepted by: Clyde/West, Inc. Accented (Company): By: _ By - Title: -title: Date: Date: Warranty Attached r� - PORTLANU BRANCH SEATTLE BRANCH sC �'"!4 13805 N.E.SANDY BLVD.(97270) V07 S.216TH KENT WA 98032-1935 u" aceY P.n.NOX 2OF77(97294)VOHTLAND,OR PH MG)7625913 1-800-935-%13 16 This page intentionally left blank. 17 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 2, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Steve Mullen, P.E., Transportation Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Lease Agreement with Plemmons Industries — Traffic Signal /Streetlighting Maintenance Facility Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Lease Agreement with Plemmons Industries for a period of 3 years to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance Facility per attached lease agreement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The lease agreement provides a three-year lease for an interim facility to support the Traffic Signal and Streetlight Maintenance activity of the Public Works Department. The Traffic Signal and Streetlight shop has been located in the Plemmons Industrial Park, at 1621 South Central Avenue, since May 22, 2006. Due to the deferred construction of the East Hill Operations Center, there is a need to extend that lease agreement. Budget Impact: The cost of the rental is included in the operating budget for Public Works Transportation Engineering. 18 This page intentionally left blank. 19 TELEPHONE (253) 854-2600 - FACSIMILE (253)852-7360 !IN®ugYgl�g P.O. EOX 1068•1311 CENTRAL AVENUE SOUTH,SUITE 201 - KENT;WASHINGTON 9 803 5-1 06 0 III LEASE WAREHOUSE THIS LEASE, dated the 28th day of Maz'ch, 2012, by and between PLEMMONS ]NDUSTRLES, INC., as "Landlord", and CITY OF KENT as "Tenant", is upon the following terms and conditions: 1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the "Premises")legally described as follows: Unit(s) 24 &25,Plemmons Industrial Park, 1621 Central Avenue South,Kent, Washington, being a portion of Lot 19,Horseshoe Acre Tracts to Kent, as per plat recorded in Volume 15 of Plats on Page 10, Records of King County,Except the Bast 10 feet thereof conveyed to King County for Road; and Except the West 15 feet thereof, Situate inthe City of Kent, County of King, State of Washington. 2. Term of Lease: The term of this Lease shall be for 3 (Three) Years, Zero(0) Months, and Zero(0) Days, and shall commence on the la day of June, 2012, (the"Commencement Date") and end on the 31st day of May, 2015 (the"Expiration Date"), 3. Minimum Rent; CAM Charges; Common Areas: a) Tenant covenants and agrees to pay to Landlord as base rental for the Premises, without:deduction,offset,prior notice or demand, in advance, a minimum monthly rental of$** (See Addendum Wn. All rents specified herein to be paid to Landlord are payable in advance on or before the first day of each month during the term of this Lease. Rent shall be payable to the Landlord at P.O. Box 1068, Kent, WA 98035, or to such other party or such other place as the Landlord may hereafter designate in writing. If Landlord consents, Tenant may occupy the Promises prior to such commencement date upon payment of rent on a prorated basis and compliance with all terms of this Lease. The pro-rata rent for the month of N/A shall be paid upon execution of this Lease. b) Tenant shall pay to Landlord, as additional rents, an arnount estimated by Landlord to be Tenant's share of Common Area Maintenance Charges("CAM Charge(s)")(as defined in this section). This amount is payable on or before the first day of each month during the term of this Lease. The monthly CAM Charge at the start of the lease tern shall be ** See Addendum B**). The Landlord can adjust the monthly CAM Charge at any time during the tern of this Lease on the basis of Landlord's then reasonable anticipated costs for the current accounting period. An accounting period is one (1) full calendar year, except that the first accounting period shall commence on the date the term commences and the last accounting period shall end on the date the terrn expires or terminates. The term"Common Area Maintenance Charges" means and includes all sums expended by Landlord for the supervision, management, operation,maintenance and repair of the common areas and an allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without limitation, the costs of each and all of the following items: sweeping; resurfacing and re-striping of parking lots; repainting; building and improvements repair; landscaping; ice and snow removal; supplying directional signs and other markers; car stops; lighting; insurance premiums,water and all utilities not paid directly by'1 enant; and other costs necessary in Landlord's judgment for the supervision,management,operation,maintenance and repair of the common areas. c)Landlord reserves the right from time to tine to alter said common areas and to exercise control and management of the cannon areas and to establish, modify, change and enforce such rules and regulations as Landlord in its discretion may deem necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for compliance by its employees, agents, customers and invitees. The failure of Landlord to enforce any of such rules and regulations against Tenant shall not be deemed as a waiver of same. Landlord shall have the right to close all or any portion of common areas at such times and for such periods as may, in the opinion of the Landlord,be necessary to prevent a dedication thereof, or to preserve the status thereof as private property, or to prevent the accrual of any rights in any person; and Landlord may also close said cornion areas for purposed of maintenance and repairs as may be required from time to time. 4. Security Deposit: Upon execution of this Lease, Tenant currently has on deposit S1500 00 (One Thousand Five Hutrcliofl" Dollars and 00/100), with Landlord (hereinafter referred to as "the Security Deposit"), to secure the faithful performance by Tenant of each term, covenant and condition of the Tp,51q. ,If Tenant at any time,fails to make any payment or fail to k4ep or e v 20 perform any term, covenant and condition on its part to be made or performed or kept under this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under Ibis Lease,use, apply or retain the whole or any part of the Security Deposit(a)to the extent of any sum due to Landlord; (b)to make any required payment on Tenant's behalf; or(c) to compensate Landlord for any loss, damage, attorneys' fees, or expense sustained by Landlord due to Tenant's default. In such event,Tenant shall,within five (5)days of written demand by Landlord,remit to Landlord sufficient funds to restore the Security Deposit to its original sum, and Tenant's failure to do so shall be considered a material breach of the Lease. Tenant shall not be entitled to interest on such deposit. 'the rights of the Landlord against the Tenant for a breach of this Lease shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available remedy to protect its interests herein, as if this deposit had not been made. Should Tenant comply with all the terms, covenants and conditions required by this Lease, the Security Deposit, less any sums owing to Landlord, shall be retuned to Tenant within a reasonable time after termination of the Lease, vacation of the Premises by Tenant. Should the Premises be sold,Landlord may transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability with respect to the Security Deposit. 5. Interest and Late Charges: (a) All amounts payable by Tenant to Landlord, including without limitation, rent, CAM Charges, other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord, not paid within three (3) days of when due, as required herein, shall bear interest at the rate of twelve percent(12%)per year from the date of any delinquency in payment thereof to the date paid. In addition, if Tenant fails to pay rent, CAM Charges, other charges due to Landlord or any such amounts within three(3)days of the date due,then Tenant shall pay a late charge of Ten and No/100 Dollars($10.00)per day per each unit included in the Lease for each day after the third(3rd)day after the date due that rent, CAM Charges, other charges due to Landlord or any such amounts remain unpaid. The late charges are due when late rent is paid. (b) Tenant agrees to pay Fitly and No/100 Dollars ($50.00) to Landlord on any NSF check tendered to Landlord by Tenant. The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is replaced with a cashier's or certified check. No personal checks will be accepted after the 2"NSF check. 6. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the Commencement Date occurs. On or before March 31 st of each year, or as soon thereafter as reasonably practicable, Landlord shall certify to Tenant, (a) the amount of the total increase, if any, in real estate taxes due and payable for that year for the project of which the Premises are a part (the "Project"), and (b) Tenant's "proportionate share" of the total increase, which shall be equal to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Promises bears to the total floor area of all rentable space III the Project.Tenant shall pay the proportionate share so certified on or before April 30 of such year, or within thirty (30) days of the date Landlord gives Tenant its certification.For the calendar year in which this Lease terminates, the provisions of this section shall apply, but Tenant's liability for its "proportionate share" of any tax increase for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of this Lease, any law, statute or ordinance, levying any tax(other than Federal, State or local income tax)upon rents, Tenant shall pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord. 7. Use of Premises: 'the Premises are to be used for the purpose of conducting therein the business of General warehousing for the City of Kent Traffic Signal maintenance shop, and for no other business or purpose without the written consent of Landlord, which consent may be withheld in Landlord's sole discretion. If any change in the use of the Premises or alteration thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, promptly upon request, shall reimburse Landlord for the increased cost of such insurance. S. Conduct of Business: (a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire term of this Lease carry on its business. Said business shall be kept open continuously each day during the hours customary for business of like character to be open. (b) Tenant shall not do anything which may hijtue the Building, commit waste on the Premises or be a nuisance or menace to other Tenants in the project. 'Tenant shall not allow any objectionable liquid, odor or noise to be emitted from the Premises. Tenant shall not store gasoline or other highly combustible materials on the Promises, which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rate for the Premises. Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises. If Tenant desires to use electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Prem'ls'6s,' then before using such equipment Tenant shall, at its expense, increase the capacity of such lines and circuits. All such Work 2 Page 2 of 13 21 and changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant shall not burn any hash of any kind in or about the Premises. (c)Tenant shall permit no damage to,or the defacement of the Premises. The plumbing facilities shall not be used for any other purpose than that for which they were constructed, and no foreign substance of any kind shall be thrown therein. The expense of any breakage,stoppage or damage resulting from a violation of this provision shall be bonne by Tenant. 9. Outside Storage: Tenant hereby agrees that no item(s) shall be stored outside of the unit.Tenant shall not keep or display any merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse receptacles and other collection containers, whether personal or business related other than on the date of collection. Tenants using a dumpster understand that dunpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpsters and cans will comply with the Uniform Fire Code, Section 11.20.1(d). The outside storage of any item is strictly prohibited and will be enforced. Any Tenant storing an item outside of their unit will be served a 10-day notice to comply and/or have their tenancy terminated. 10. Inside Storage: Tenant shall not store any item(s) above the office, restroorn, or hallways. All storage must be on approved storage racking or on the warehouse floor surface. 11. Signs and Advertising: Tenant may erect signage stating its name, business or product after first securing Landlord's approval of the size, color, design and verbiage and all necessary governmental approvals. All signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state. (SEE EXHIBIT "A", SIGN CRITERIA.) 12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed plans and specifications for such alterations and improvements shall first be submitted and approved by the Landlord in writing. Landlord shall not unreasonably withhold its approval. Tenant shall not install any exterior lighting fixtures, shades or awnings or do any exterior decoration or painting, or snake any structural alterations without the previous written consent of Landlord. Any and all such alterations, additions and improvements will be made in a good and workmanlike manner at the sole expense of Tenant. All alterations, additions, or other improvements that may be made on or to the Premises by either of the parties hereto, except trade fixtures put in at the expense of Tenant, shall be the property of Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury by Tenant, except that Landlord, at its option, may require Tenant, at Tenant's expense, to remove any part or all of the alterations, additions or improvements made by Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the removal of the alterations, additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense. Nothing contained herein, however, shall prohibit Tenant from making necessary, normal, and emergency repairs to said improvements without Landlord's consent. 13. Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury occurring on or to the Premises or to any persons in or on tine Premises including but not limited to: (1)any loss of property by theft or burglary, (2)any damage to person or property on or about the Premises from the operation of any elevator or the use of any utility on the Premises, (3) any damage or injury caused by action of the natural elements, (4) any damage or hljury resulting from the conduct of the employees of Tenant, whether negligent or otherwise, or (5) any damage or injury that may result fiom any bursting,stoppage,or leakage of any water, steam, or gas pipe,sewer,basin,toilet,hot water tank, or drain. 14. Exterior Maintenance: Landlord shall repair and maintain the roof, gutters, downspouts, exterior walls, foundation, curbs and exterior paved areas in good condition. Landlord shall be under no liability for repair of or maintenance to any store front installed by Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good order and repair. if the Premises has a separate enhance,Tenant shall keep the entrance frco and clear of snow,ice, debris and obstructions of every kind. 15. Interior Maintenance: Tenant shall, at its own expense maintain the interior of the Premises at all times in good condition and repair, all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of. any proper officer of the governmental agencies having jurisdiction, and Tenant shall comply with all requirements of law 1 touching the Premises other than with respect to structural repairs.Tenant's responsibility shall include maintenance and repair Page 3 of 13 �' 22 of the electrical system,plumbing, drainpipes to sewers, air-conditioning and heating systems, overhead and personnel doors, carpet, blinds, windows and glass. It is the responsibility of the Tenant to maintain pest and or rodent control for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,reasonable wear and tear and damage by fire or other casualty excepted. The tern"good condition" means the good physical condition and cleanliness of the Premises and each portion of the Premises, including the items listed above, all alterations, additions, or other improvements made by Tenant, and all trade fixtures installed by Tenant. 16. Heating/Air Conditioning: Landlord, at its option,may initiate a maintenance program for Tenant's heating, ventilating, and air conditioning system, if any, servicing the Premises. Tenant shall pay to Landlord, or at Landlord's election, directly to the maintenance firm,the cost of such maintenance,which shall be in addition to the CAM Charges, 17.Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable titres and during all reasonable hours shall have free access to the Premises, and through any building or structure that may at any time be thereon, or any put thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power reserved to the Landlord under the terms and provisions of this Lease. I If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, Landlord may make or cause such repairs to be made. Tenant agrees to forthwith, on demand, pay the Landlord the cost of labor and materials thereof with interest at 12% percent per year. Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; provided that in the exercise of its rights under this section, Landlord shall provide adequate access to the Premises and shall not unreasonably interfere with the conduct of Tenant's business. 18. Parking Area: Landlord hereby grants to Tenant and to its employees, agents, customers and invitees the von-exclusive right for and during the term of this Lease, to use the parking area; such use to be iu common with all other occupants of the project,whether as Tenants or as owners, and their employees, agents, customers and invitees. Tenant shall control the use of such parking spaces so that there will be no unreasonable interference with the normal traffic flow, and shall not permit any parking an landscaped or unpaved surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the exclusive control and management of the Landlord. Landlord shall have the right from time to time to establish reasonable rules and regulations with respect to the parking areas. Under no circumstances shall tucks serving the Premises be permitted to block traffic flow. 19. Liens; Exculpation; Tenant's Indemnity: Tenant shall not allow any liens to attach to the Premises as a result of its activities. Landlord shall not be liable for any loss or injury,to persons or damage to property in the Premises from any cause or causes whatsoever, which at any time may be suffered or sustained by Tenant, or by any person whosoever at any time may be using, occupying or visiting the Premises. Tenant shall defend, indemnity and hold Landlord harmless from and against any and all liability, claims, damages, costs and expenses of any kind whatsoever,arising out of or relating to any injury to persons or property, or death of persons however occurring on or about the Premises, except to the extent caused by Landlord's negligence of Landlord. j 20. Tenant's Insurance: Tenant, at its cost, shall procure and maintain in full force and effect during the term of this Lease a policy of commercial general liability insurance (including contractual liability and products and completed operations liability) with liability limits of not less than $1,000,000, single limit, insuring against all liability of Tenant, its employees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000„ All such commercial general liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above. Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be carried by Tenant under this Lease shall: (i) be issued by insurance companies authorized to do business in the State of Washington with a rating of A/VlI or better as rated in the most recent edition of Best's Insurance Reports;(it)be issued as a primary policy,and(iii)contain an endorsement requiring thirty (30) days' prior written notice from the insurance company to both Landlord and Tenant, and, if requested by Landlord, to Landlord's lender,before cancellation or change in the coverage, scope, or amount of any policy. Each policy or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord on or before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy. P e4 (g13 l i 23 21.Personal Property Insurance:All personal property is the sole responsibility and risk of Tenant. Tenant understands that Landlord will not insure Tenant's personal property. To the extent Tenant does not obtain insurance coverage for the full value of Tenant's personal property stored in or on the Premises, Tenant agrees that Tenant will personally assume all risk of loss, including without limitation, damage or loss by burglary, fire,vandalism or vermin. 22.Release and Subrogation:Landlord and Tenant release each other,and their respective employees,agents and contractors, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to Tenant's alterations, additions and improvements, trade fixtures and personal property that are caused by or result from fire, lightening or any other porils normally included in an"all risk" or"special causes of loss"property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its employees, agents or contractors, or of Tenant, or its employees, agents or contractors. Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 23. Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer; natural gas, garbage collection, telephone service, electricity, and all other public utilities of any kind furnished to the Premises throughout the term hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation,and maintenance of the Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and Landlord shall have no liability resulting from any interruption of utility services caused by fire or other casualty, strike, riot, vandalism, the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control. If(i) any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to, and does not, use the Premises as a result of such interruption, and (ii) Tenant shall have given notice respecting such interruption to Landlord, and Landlord shall have failed to cure such Interruption or discontinuance within seven(7)consecutive days after receiving such notice, then rent hereunder shall thereatler be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of an interruption of services or utilities required to be provided by Landlord hereunder. Tenant shall control the temperature in the Premises to prevent freezing of any plumbing or sprinkler system. 24. Assignment and Subletting: Tenant shall riot assign or in any manner transfer this Lease or interest herein, or sublet the Premises or any part thereof, or allow anyone to occupy the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Consent by Landlord to one assigmnent of the lease, or to one subletting of the Premises, shall not operate as a consent to a subsequent assignment or subletting. Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent. 25. Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code")or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters I 1 or 13 of the Code, or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor-In-Possession,may not elect to assume this Lease or to assign this Lease to a third party unless, at or before the time of such assumption and/or assignment, the Trustee or Tenant has: (a) cured all defaults under the Lease and paid all sums due and owing to Landlord under the Lease,and(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest thereon)to secure Tenant's future performance under the Lease, 26. Eminent Domain: If the whole of the Premises hereby leased shall be taken by eminent domain, then the tern of this Lease shall cease as of tine day possession is taken by such public authority and the rent shall be paid up to that date. If only a part of the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the purposes for which Tenant has been using the Premises, their this Lease shall continue in full force and effect as to the { remainder of the Premises and all of the terms herein provided shall continue in effect, except that the minimum Tent shall be reduced in proportion to the amount of the Premises taken, and Landlord, at its own cost and expense, shall make all necessary repairs and alterations in the Premises required by such taking;provided,however, that if more than fifty percent(50%) of the floor area of either the building in which the Premises are located or the Project shall be taken by eminent domain, , then Landlord may elect to terminate this Lease as of the date possession thereof is taken. All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold or to the fee of the Premises,but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal of stock and fixtures. 27.Destruction of the Premises; If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may al1`s� Page 5of13 p rW1,.V% Y$.}tN 4+—Y'F'T't t•9'a(s 1• �0 t'. ....._ t i 24 elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction, or (b)terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty(60)days alter the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate this Lease. If Landlord elects to restore the Premises, then Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, provided,however, that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force Majeure, and such destruction shall not terminate this Lease. The term"Force Majeure"means strikes,lockouts, labor disputes, shortages of labor or materials, fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord. 28.Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay rent,CAM Charges or any other charges due to Landlord when due,if the failure continues for a period of three(3)days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if any, if the failure continues for a period of twenty-four (24)hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default wider this Lease if Tenant commences to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply. (e) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within ten(10)days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten(10)days,then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten(10) days and diligently and in good faith continues to cure the default (d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within sixty (00) days; or the attaclunent, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within sixty(60),days. 29. Remedies: If Tenant commits a default;Landlord shall have the following alternative remedies,which are in addition to any remedies now or later allowed by law: (a) Maintain Lease in Force. Maintain this Lease in Rill force and effect and recover the rent and other monetary charges as they become due,without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises; such property may be removed and stored hi a public warehouse or elsewhere at the cost of and for the account of Tenant, In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially,Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant, (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall inunediately surrender possession of the Premises to Landlord. hi such event Landlord shall be entitled to recover fi-om Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination mitil the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the tine of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided;plus(iv)any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenants failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in(A)retaking possession of the Premises, including reasonable attorney fees therefor, (B)maintaining or preserving the Premises after such default, (C)preparing the Promises for reletting to a new tenant,including repairs or necessary Page 6 of 13 I 25 alterations to the Premises for such relenting,(D)leasing commissions,and(E)any other costs necessary or appropriate to relet the Premises; plus (v)at Landlord's election, such other amounts hi addition to or in lieu of the foregoing as may be permitted from time to tine by applicable state law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the"worth at the time of award"is computed by allowing interest at the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii) and(ii)the "worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year. 30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies and materials to the Premises and removal of trash, garbage and other waste shall be nnade at such hours and in accordance with such rules as Landlord shall prescribe for the project. In event Landlord's rules so prescribe, Tenant shall provide adequate covered metal receptacles for trash, garbage and other waste, located at Landlord's direction, and shall not be visible to members of the public. Tenant shall not permit an accumulation of boxes,waste or other refuse matter. 31. Surrender on Termination: (a) On the expiration or sooner termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings completed showing paid for by the date of move out, and surrender and vacate the Premises in good condition, clean and free of debris inside and out, with all mechanical, electrical and plumbing systems in good operating condition; all signage removed and any damage to the Premises resulting from removal of signage properly repaired to Landlord's reasonable satisfaction and all repairs called for under the Lease completed. The Premises shall be delivered in the same or better condition as at the commencement of the term, subject only to ordinary wear and tear. Tenant acknowledges that Tenant will be charged for the cleaning of carpet,blinds, and any excess dirt, debris, and or rubbish caused by the nature of Tenant's business and such will not be considered ordinary wear and tear. These cleaning charges are not included in the Non-Refundable Cleaning Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty, Tenant wil I be held responsible at Tenant's sole expense, for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner without liability.Any trade fixtures left in the Premises after the expiration or sooner termination of this Lease shall be considered as abandoned by the Tenant and shall become and remain property of Landlord. (b)if Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease, then Landlord may elect either(i)to neat Tenant as a tenant from month-to-month, subject to all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified herein,or(ii)to eject Tenant from the Promises and recover damaged caused by wrongful holdover. 32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination agreement it recordable form, subordinating this Lease to any mortgage or mortgages, deed or deeds of trust, or other encumbrance on the Premises which may be executed by the Landlord. 33. Building Planning: In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons connected with the Project planning program, upon notifying Tenant in writing, Landlord shall have the right to move Tenant to other space in the Project, at Landlord's sole cost and expense, and the terms and conditions of the original Lease shall remain in full force and effect,save and excepting that an"Exhibit"reflecting the location of the new space shall become part of the Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space. However, if the new space does not meet with Tenant's approval, Tenant shall have the right to cancel this Lease upon giving Landlord thirty (30) days notice within ten(10) days of receipt of Landlord's notification. If Tenant cancels this Lease pursuant to this Section 33,Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation. 34. Notice to Vacate: Tenant shall provide to Iandlord a written notice of intent to vacate Premises. Said notice is to be received by Landlord not less than ninety(90)days prior to the expiration of the lease term. If said intent is to vacate the Premises after the expiration of the lease term,Tenant shall notify Landlord not less than 30(thirty)days prior to the end of the calendar month. 35. Hold-Over: If the Tenant shall, with the written consent of Landlord,hold over after expiration of the term of the Lease, or extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy,which tenancy may be n terminated as provided by the laws of the State of Washington.Duriag such tenancy, Tenant agrees to pay to the LandldrdAt 0 r Page 7 of 13 i 26 holdover rate asset forth in Paragraph 31(b),unless a different rate is agreed upon, and to be bound by all the terms,covenants, and conditions herein specified, as far as applicable. 36. Heirs and Successors: Subject to the provisions herein pertaining to assigmnent and sub-lotting, the covenants and agreements to this Lease shall be binding upon the heirs, legal representative,successors and assigns of any or all of the parties hereto. 37. Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when made in writing and deposited in the United States mail,certified and postage prepaid and addressed as follows: TO LANDLORD: Plemmons Industries, Inc. P.O.Box 1068 '...... Kent,WA 98035 TO TENANT: City of Kent Attn: John Rostead 220 Fourth Avenue South Kent, WA 98032 The address to which any notice, demand or other writing may be given, made or sent to either parry may be changed by written notice given by such pasty as above provided. 38. Fees; Deposits: If Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent shall be r forfeited. This does not alleviate Tenant's monthly responsibility to the monthly rent. If Tenant faithfully performs in accordance with the terms of this Lease, the rent on deposit will be applied to the last one month's rent, providing notice of termination is given in the timely manner set forth within. Tenant hereby agrees to pay a one-time$120.00 (One hundred Twenty and No/100 Dollars)non-refundable cleaning fee upon the initial rental of each unit. 'this fee is not reassessed on renewals. This fee excludes the cost of cleaning the carpet and blinds and servicing the IIVAC unit(if any). Tenant's using a dwnpster wrderstands that the dtnrpster or cans must be kept inside the Premises. Before the Security Deposit is refunded,proof must be shown to the Landlord that all garbage fees have been paid in full. 39. Severability: If any provision of the Lease is held to be invalid, unenforceable or illegal, the remaining provisions shall not be affected and will be enforced to the fullest extent permitted by law. 40.Attorney's Fees: if either party shall bring any action for relief against the other party, declaratory or otherwise,arising out of this Lease, including any action by Landlord for the recovery of rent or possession of the Premises, any trial, any appeal, or any post judgment proceedings, or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization of the other party, then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 41.Time of Fssence: Time is of the essence in this Lease and of every provision hereof. 42. Right to Change Name of Building: Landlord reserves the right to change the name or street address of the building without notice or liability of Landlord to Tenant. 43. Rider: Tenant and Landlord hereby agree that no paint spraying, auto body, or auto repair, personal or otherwise, is to be conducted on the Premises. 44, Environmental: The term "Envirmunental Law" shall mean any federal, state or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term "Ilazardous Substance" shall mean any hazardous, toxic, infections or radioactive substance, waste and material as defined or listed by any Environmental Law and shall include,without limitation,petroleum oil and its fractions. Page 8 of 13 t.; 27 i (a)Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled,leaked, disposed of or otherwise released on or under the Premises. Tenant may use and sell on the Premises only those Hazardous Substances typically used and sold in the prudent and safe operation of the business permitted by Paragraph 7 of this Lease. Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant's reasonably anticipated needs. 'Tenant shalt comply with all Environmental Laws and exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used,handled or stored on the Premises. (b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak, disposal or other release of a Hazardous Substance on, under or adjacent to the Premises; (ii) any notice or communication from a governmental agency or any other person relating to any Hazardous Substance on, under or adjacent to the Premises; (iii) any violation of any Environmental Law with respect to the Premises or Tenant's activities on or in connection with the Premises. (c) Tenants financial responsibility. Tenant and Landlord hereby agree that the Tenant will assume all financial 1 responsibility for damage, repair and pollution clean up due to any hazardous waste or chemical spillage. This includes I damage to the building's cement slab floor and the building structures,walls,plumbing,electrical wiring and adjoining offices. This also includes pollution clean up in the parking lot from the front of the building extending out 50 (fifty) feet north and i south. Pollution clean up area also includes ground dirt under Plemmons Industrial Park building extending out 50 (fifty)feet. (d) Spills and Releases. In the event of a spill, leak, disposal or other release of a Hazardous Substance on or under the Premises caused by Tenant or any of its contractors,agents or employecs or invitees, or the suspicion or threat of the same, Tenant shall (i) immediately undertake all emergency response necessary to contain, cleanup and remove the released Hazardous Substance, (ii) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to ensure that any Hazardous Substances contamination is eliminated to Landlord's reasonable satisfaction, and (iii) provide Landlord copies of all correspondence with any governmental agency regarding the release (or threatened or suspected release) or the response action, a detailed report documenting all such response action, and a certification that any contamination has been eliminated. All such response action shall be performed,all such reports shall be prepared and all such certifications shall be made by an environmental consultant reasonably acceptable to Landlord. (e)Condition Upon Termination. Upon expiration of this Lease or sooner termination of this Lease for any reason, Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances from the Promises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following such removal,Tenant shall certify in writing to Landlord that all such removal is complete. (f) Indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all damages,charges,cleanup costs,remedial actions, costs and expenses,which may be imposed on,incurred or paid by,or asserted against Landlord,the Promises or the Project by reason of, or in connection with(i)any misrepresentation,breach of warranty or other default by Tenant under this Lease, or(h)the acts or omissions of Tenant, or an),of its contractors, agents or employees or invitees, or any subtenant or other person for whom Tenant would otherwise be liable,resulting in the release of any Hazardous Substance on the Premises or the Project. The provisions of this Section 44 shall survive the expiration or sooner termination of this Lease. 45.The following Addendums are hereby incorporated and made part of this lease agreement: "A" and "B". 46.The following Exhibit is hereby incorporated and made part of this Lease agreement: "A". r IG.'•Y,S ��.. I 1 2s 47. All rents are calculated based on a per unit cost and not per square foot cost. (All warehouse square footages are estimated). EXECUTED THIS DAY OF —,20 LANDLORD: PLEMMONS INDUSTRIES,INC. ATTEST: BY: Teresa P.Hutchens,Property Manager EXECUTED THIS DAY OF 20 TENANT: CITY OF KENT BY: Suzette Cooke,Mayor i i Page 10 of 13 E 29 ADDENDUM"A" IMPORTANT INFORMATION FOR PLEMMONS INDUSTRIAL PARK WAREHOUSE TENANTS PHONE NUMBER FOR UTILITIES AND SERVICES: Puget Sound Energy _ I-888-225-5773 j Post Office(Kent-Main,to set up delivery) 253-520-7576 Allied Waste Garbage Service 206-652-8832 Qwcst 1-800-603-6000 UTILITIES/SERV ICES: The Landlord will have meter read as close today of possession as possible. The Landlord will allow three(3) business days before instructing the electrical company to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these services into their name prior to or on the first day of occupancy. The Gas and Electric Utility Services are provided by Puget Sound Energy. Tenant hereby understands that Tenant will be fully responsible for any charges incurred during the lease term for services provided by said Puget Sound Energy Company. SIGNAGE: All window signage must be in uniform WIRTE lettering. The suite door signage must be in the uniform lettering also. Signage is a Tenant cost. Auburn Sign Company is familiar with our requirement,please call 854-2333. Wood warehouse front signs are allowed (SEE EXHIBIT "A", SIGN CRITERIA), and can be purchased from Auburn Sign. No advertising or bulletins are allowed on the doors or windows. KEYS/LOCKS: Re-keying of any office/unit door is not permitted without the prior consent of the Landlord. Plemmons Industries, Inc. will not release a key nor allow entry to any Tenant's unit to any person(s), except Tenant, without the prior written consent of the Tenant. Such consent memo must include full name of person and reason for key release. Person receiving key must have verifiable identification. NO EXCEPTIONS! Call the Property Manager for more information. RENT PAYMENT: Rent is due on or before the first of each month. NO NOTICE OR INVOICE WILL BE SENT. It is the Tenant's responsibility to mail the rent payment or deliver it to the main office during business hours. Monday-Friday 8:00 a.m. -5:00 p.m. WATER METERS: If your unit does not have a water meter, one will be installed. The installation will require interrupting your water service and lavatory facilities for a short period of time. Notice will be given 24 hours prior to installation.Access to the unit for the sole purpose of reading the motor is hereby considered authorized by the Tenant. Prior to installation of a water meter,report any water leaks or running toilets immediately. Tenants will be responsible for and billed for excessive usage caused by a leak. WATER/SEWER/STORM DRAINAGE BILLING: Water meters will be read at time of occupancy or installation,and on the 1"of the month with billing notices to follow by the 15`h. An access charge will be added to each billing in the amount of$2.00(Two Dollars)which is subject to change. A monthly City of Kent Strom Drainage Fee of$14.18 will be charged per unit(this is subject to change with a City of Kent rate change). The water/sewer and storm drainage bill is due and payable with the next months rent& CAM payment on the first of the month. Water/sewer and storm drainage bills not paid by the 10th of the month will incur a$25.00 (Twenty Five Dollars) late fee.There is no grace period, if a water meter is not installed in your unit,you will be billed a pro rain share of the remaining water bill fron the City of Kent. MAINTENANCE Please refer to paragraphs 16, 17, 18 & 19 of your lease. These paragraphs explain in detail the responsibility of both Landlord and Tenant in regards to repairs and maintenance. If you have a problem and feel it is our responsibility, please call (253) 854-2600 and report it. We will attend to it in a timely manner and emergency needs will be seen to as soon as possible. If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be something we missed during our inspection and/or something we believe we should fix for you. Please feel flee to call us if you have any questions. Page I of'13 ty J 30 REBILLED MAINTENANCE COSTS: The Tenant shall at it's own expense maintain the interior of the Premises at all times, as well as all doors,windows and glass. If the Tenant fails to maintain the Premises or to make such repairs, the Tenant hereby agrees that the Landlord's maintenance staff shall make such repairs and bill the Tenant at the hourly rate of$30.00 (Thirty Dollars)plus the cost of materials. if an outside contractor of vendor is used,it will be charged back to the Tenant at their cost. i GARBAGE: Remember that the garbage taus, dumpsters, reeveling containers, and other trade related containers must be kept inside i your warehouse. They may be put out on pick-up day only, DELIVERIES: Landlord accepts no responsibility for and is to be held harmless for any packages,materials,etc., delivered to the corporate offices by couriers or any delivery service for the Tenants. i MAIL/MAIL BOXES: The mailboxes are located at the front of the complex, next to 1609 Building. All tenants will be charged a$10.00 (Ten Dollars and no/100ths)postal key fee. If keys are returned upon move out the ree will be refunded. Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox. Their phone nurnber is(253)852-3950. PARKING/STORAGE: Do not park in front of any unit(s) other than your own. Center area parking is common parking for 'Tenants and customers only. Storage of any vehicle or trailer is not permitted. Any vehicle W1 for over night with out the written consent of the Landlord will be subject to towing at the owner's expense. i ALARM SYSTEM: If you wish to install a alarm system, the Landlord does not object. However, you need to secure written permission from the Landlord. When ascertaining permission for your alarm system, you must provide the Landlord with the pass code, name, address, and phone number of alarm service provider and an emergency number to call in case of accidental activation of the system or an emergency. WARE HOUSE FLOORS: Painting of warehouse floors is strictly prohibited. Call the Property Manager at(253) 854-2600 if you have any needs or questions. Landlord: Plemmons Industries,Inc. Teresa P.Hutchens,Property Manager Date Tenant: CITY OF KENT SUZETTE COOI£E,MAYOR Date :av Page 12 of 13 i 31 EXHIBIT"A" SIGN CRITERIA ! Noormthwest it 41 TaEpe & Audio l leo&AUaI® U6 RECEIVING 12^X48° SHIPPING 16' 11P FRO w u �l • All signs must be 3'X 6' and centered 16"up from door and windows(as per above sample.) • All signs must have radius comers, the body of the sign must be painted in Rodda Paint Company's CP13 Pigeon #532001 with the edge trimmed in the Rodda Teal color 9KT2496J1791, Any "shipping" or "receiving"signs will be in the Pigeon color base with Teal letters. • Use of any color of letters identifying your business name is acceptable and logos are also acceptable. Advertising of any kind,however,is not acceptable. Phone numbers are not acceptable. • Only one sign per Tenant will be allowed. • All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved, prior to fabrication. Io lieu of 3' x 6' sign above door,Tenant may install the following: • White vinyl lettering of business name may be applied to window. Letters shall not exceed 3" in height and must be centered on window, 16"down from top portion of whidow. 1 Page 13 of 13 �A 32 ADDENDUM "B" RENTSCHEDULE Tenant covenants and agrees to pay Landlord a minimum Monthly Rental and Common Area Maintenance Charge for the Premises according to the following schedule: Monthly Rental Rate: June 1,2012 through May 31,2013 $1900.00(One Thousand Nine Hundred Dollars and 00/100), June 1,2013 through May 31,2014$1900.00 (One Thousand Nine Hundred Dollars and 00/100). June 1,2014 through May 31,2015$1995.00 (One Thousand Nine Hundred Ninety Five Dollars and 00/100)Rent. Common Area Maintenance Charge: June 1, 2012 through May 31,2013 $250.00(rrwo Hundred Fifty Dollars and 00/100) June 1, 2013 through May 31,2014 $250.00(Two Hundred Fifty Dollars and 00/100) June 1,2014 through May 31,2015 $300.00 (Thee IIundred Dollars and 00/100) Landlord: Plemmons Industries,Inc. Date: Teresa P. Hutchens, Property Manager Tenant: CITY OF DENT _ Date: _ Suzette Cooke, Mayor r 33 ACKNOWLEDGEMENT (Corporate) STATE OF WASHINGTON, County of KING }ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given Under My Hand and Official Seal this__day of Notary Public in and for the State of Washington My appointment expires: ACKNOWLEDGEMENT (Corporate) STATE OF WASHINGTON, County of KING }ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given Under My Hand and Official Seal this_ day of Notary Public in and for the State of Washington My appointment expires: 34 This page intentionally left blank. 35 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 3, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Steve Mullen, P.E., Transportation Engineering Manage Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Information Only/Railroad Quiet Zone - Update Item - 5 Motion: Information Only/No Motion Required Summary: Steve Mullen, Transportation Engineering Manager, will provide an update on the proposal to establish a railroad quiet zone on the Burlington Northern Santa Fe Railroad (BNSF) tracks through Kent. Budget Impact: None 36 This page intentionally left blank. 37 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 3, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Beth Tan, P.E., Environmental Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Riverview Park Restoration Project Construction Schedule and Ground Breaking Ceremony Item - 6 Motion: Information Only/No Motion Required Summary: The project is located on City parks property known as Riverview Park which is located along the Green River, south of Willis Street and west of SR 167. Riverview Park is a passive use park used for bird watching, walking, picnicking, and informal fishing along the Green River. Through creation of a new, side-river channel, the project will provide summer rearing habitat and high flow winter refuge for juvenile salmon along the Green River. The new channel will be approximately 700 feet long and will include fish friendly habitat features such as large woody debris, and native plantings. The project provides much needed salmon habitat and refuge in a key reach of the Green River and near the confluence of Lower Mill Creek-Auburn. The project is under construction in partnership with US Army Corps of Engineers (USACE) through the USACE Green/Duwamish Ecosystem Restoration Program Construction has started and will continue into the fall. A Ground Breaking Ceremony will be held on May 9th at 2:00pm. We are inviting everyone to come to the site and see the first phase of construction. Mayor Cooke and Colonel Estok, of the Seattle District USACE, are scheduled to speak. Budget Impact: The project has been funded primarily through USACE and by grants obtained through King Conservation District and the Recreation and Conservation Office - Salmon Recovery Funding Board. 38 This page intentionally left blank. 39 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 9, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Bill Thomas, Street Superintendent Through: Tim LaPorte, P.E., Public Works Director Subject: 2012 Street Update Item - 7 No Motion Required/Information Only Summary: Review Street Maintenance 2012 work plan and work completed to-date. Budget Impact: None 40 This page intentionally left blank. 41 ITEM # 8 INFORMATION ONLY Transportation Advisory Committee Tim LaPorte Public Works Director