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2018-11-27 City Council - Full Agenda-2214Agenda Edmonds City Council COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 NOVEMBER 27, 2018, 7:00 PM Edmonds City Council Agenda November 27, 2018 Page 1 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. APPROVAL OF THE AGENDA 4. APPROVAL OF THE CONSENT AGENDA 1. September 2018 Quarterly Financial Report 2. Approval of claim, payroll and benefit checks, direct deposit and wire payments. 3. One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse) 4. Senior Center Lease Amendment Proposal 5. Authorization for Mayor to sign a Supplemental Agreement with Murraysmith for the Five Corners Reservoir Recoating Project 6. Drainage Easement at 1015 Bell Street 5. PRESENTATIONS 1. Snohomish Health District Presentation (15 min) 6. AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS 7. ACTION ITEM 1. 2019 Property Tax Ordinances (20 min) 8. PUBLIC HEARING 1. Final Public Hearing on the 2019 Proposed Budget (60 min) 9. ACTION ITEMS 1. Ordinance related to Business License Minimum Threshold and Definition of Engaging in Business (10 min) 2. 2018 Council Contingency of $10K funds for 2019 Historical Preservation Interns (10 min) 3. Housing Strategy Review (30 min) 10. REPORTS ON COUNCIL COMMITTEES 11. MAYOR'S COMMENTS 12. COUNCIL COMMENTS Edmonds City Council Agenda November 27, 2018 Page 2 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I). 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN City Council Agenda Item Meeting Date: 11/27/2018 September 2018 Quarterly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only Narrative September 2018 Quarterly Financial Report Attachments: Complete September 2018 Quarterly Financial Report 4.1 Packet Pg. 3 Preliminary Financial Management Report as of September 30, 2018 CITY OF MUKILTEO Revenue Highlights:  Overall preliminary City-wide rev- enues are ahead of last year at this time by $3.7 million (a 6.4% in- crease—page 1), and General Fund revenues of $28.6 million are $1.8 million ahead of the budget forecast of $26.8 million (page 17).  Overall City-wide Retail Sales & Use Tax Revenues are ahead of last year at this time by $702,436 (page 3) and at $6.1 million are 15.1% ahead of the first nine months’ budget forecast (page 19). Revenues by Category: General Fund revenues for Q1-Q3 2018 are higher than Q1-Q3 2017 in the categories of Taxes, Intergovern- mental, Charges for Goods and Ser- vices, Fines and Forfeitures, and oth- er miscellaneous revenues. Q1-Q3 General Fund revenues are lower than the same period last year only in Licenses and Permits, which current- ly is running 3.7% lower ($1.80 mil- lion compared to $1.87 million) than last year.  Q1-Q3 2018 REET Revenues are at 32.3% ahead of forecast, and actual revenues are at 28% ahead of actual receipts for January-September 2017. This unusually large influx of REET revenue is the result of the sales of some relatively large investment prop- erties that took place in the first quarter. More information for General Fund reve- nues can be found beginning on page 3.  Revenues for Special Revenue Funds are $865K or 12% ahead of last year. This is primarily due to the aforemen- tioned $653K increase in REET money and an increase of $415K in the Street Construction Fund, mainly due to the timing of when Grants are billed. Summary of All Operating Funds: Revenues INSIDE THIS Revenues By Fund Summary 1 Expenditures By Fund Summary 2 General Fund Revenues 3 Expenditures By Fund 6 General Fund Expenditure Detail 12 Investment Portfolio 32 Fund Balance Overview 34 Below: By the end of 2018, single-use plastic straws, uten- sils and stir sticks will no longer be provided by the City at any City of Edmonds facility. Go Green! Financial Management Report Nine Months Ended September 30, 2018 R E G I O N A T A G L A N C E : According to John L. Scott, in August the average home sale price in Snohomish County dropped to $486,457. This was the 4th consecutive month where the average sales price de- creased. We have not seen a decrease in average sales price for 4 consecutive months since the Fall of 2008. The Financial Management Report is a summary of the City’s preliminary operating results for the first nine months of 2018. Open Enrollment for 2019 health insurance ends on November 16. Time to make changes to your current benefits or add new ones. 4.1.a Packet Pg. 4 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) Preliminary Financial Management Report as of September 30, 2018 Right: The City of Edmonds was pleased to publish its Citizen’s Report for 2017. The previ- ous year’s report (then called the 2016 Popular Annu- al Financial Report) received the Award for Outstanding Achievement in Popular Annual Fi-nancial Reporting from the Govern- ment Finance Offic-ers Association. Below: On Septem- ber 1 Police Chief Al Compaan cele- brated his 40th— yes, 40th— anniversary with the Edmonds Police Department. Congratulations Chief Compaan, you haven’t aged a bit! Summary of All Operating Funds: Expenditures  Although preliminary 2018 General Fund expenditures for Q1-Q3 are $2 million (7.1%) higher than 2017, they lag $3.0 million (9.1%) behind the YTD budget. By comparison, for the full 12 months of 2017 General Fund expenditures came in $2.0 million (6.8%) under budget. General Fund expense by categories are on page 6 and departmental expenses are on pages 13-16. More General Fund information in graphical form can be found on pages 23-31.  Special Revenue Funds expenditures are $270K higher than last year ($5.72 million compared to $5.45 million) for the first three quarters of the year. This increase is most- ly due to a YOY spending in- crease of $491K in the REET 1 Parks Acquisition Fund. Addi- tional Special Revenue Fund ex- penditure information can be found on pages 6-8.  Total Fund Balances for the Governmental Funds at Septem- ber 30, 2018 is $28.6 million. This compares favorably to re- ported fund balances of $27.1 million at December 31, 2017; $25.5 million at December 31, 2016; and $23.5 million at De- cember 31, 2015. The largest fund balances in the operating funds are in the General Fund ($16.0 mil- lion), the REET 1 Parks Acquisition Fund ($3.0 mil- lion), the REET 2 Fund ($2.5 million) and the Parks Capital Construction Fund ($2.1 million. Other Highlights during the Period  The Edmonds Diversity Film Series begins its second season with screen- ings offered free to the public at the Edmonds Theater. Each screening pre- sents a film related to different topics or groups derived from diverse popu- lations and experiences, followed by a brief opportunity for comment and di- alog. The Series is sponsored by the Edmonds Diversity Commission, Rick Steves’ Europe, the Edmonds Center for the Arts, and the Edmonds Theater. 4.1.a Packet Pg. 5 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 1 Page 1 of 1 Fund No.Title 2018 Amended Budget 9/30/2017 Revenues 9/30/2018 Revenues Amount Remaining % Received 001 GENERAL FUND 39,484,055$ 26,771,944$ 28,584,102$ 10,899,953$ 72% 009 LEOFF-MEDICAL INS. RESERVE 285,650 144,536 143,790 141,860 50% 011 RISK MANAGEMENT FUND 19,180 13,354 16,956 2,224 88% 012 CONTINGENCY RESERVE FUND 64,750 56,296 101,545 (36,795) 157% 014 HISTORIC PRESERVATION GIFT FUND 5,170 113 2,657 2,513 51% 016 BUILDING MAINTENANCE - 337,246 - - 0% 017 MARSH RESTORATION & PRESERVATION FUND 300,000 - 306,860 (6,860) 102% 018 EDMONDS HOMELESSNESS RESPONSE FUND 250,000 - 250,000 - 100% 019 EDMONDS OPIOID RESPONSE FUND 250,000 - 250,000 - 100% 104 DRUG ENFORCEMENT FUND 130,560 31,380 58,598 71,962 45% 111 STREET FUND 1,784,270 1,476,539 1,178,845 605,425 66% 112 COMBINED STREET CONST/IMPROVE 3,634,203 2,838,328 3,253,720 380,483 90% 117 MUNICIPAL ARTS ACQUIS. FUND 146,200 83,824 86,223 59,977 59% 118 MEMORIAL STREET TREE 400 267 341 59 85% 120 HOTEL/MOTEL TAX REVENUE FUND 87,960 63,379 64,606 23,354 73% 121 EMPLOYEE PARKING PERMIT FUND 25,640 13,697 13,781 11,859 54% 122 YOUTH SCHOLARSHIP FUND 850 625 547 303 64% 123 TOURISM PROMOTIONAL FUND/ARTS 30,520 21,900 27,643 2,877 91% 125 REAL ESTATE EXCISE TAX 2 1 1,446,880 1,168,335 1,491,709 (44,829) 103% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1 1,448,300 1,170,720 1,500,268 (51,968) 104% 127 GIFTS CATALOG FUND 53,810 29,395 64,105 (10,295) 119% 129 SPECIAL PROJECTS FUND - 571 - - 0% 130 CEMETERY MAINTENANCE/IMPROVEMT 180,170 150,640 169,382 10,788 94% 136 PARKS TRUST FUND 3,150 2,265 2,929 221 93% 137 CEMETERY MAINTENANCE TRUST FD 33,360 27,812 33,753 (393) 101% 138 SISTER CITY COMMISSION 10,170 7,210 5,177 4,993 51% 140 BUSINESS IMPROVEMENT DISTRICT - 64,660 70,872 (70,872) 0% 211 L.I.D. FUND CONTROL 14,400 - - 14,400 0% 231 2012 LT GO DEBT SERVICE FUND 708,700 64,938 59,284 649,416 8% 332 PARKS CAPITAL CONSTRUCTION FUND 2 1,621,977 369,387 865,174 756,803 53% 411 COMBINED UTILITY OPERATION - 122,894 113,814 (113,814) 0% 421 WATER UTILITY FUND 3 9,660,690 6,529,326 7,150,214 2,510,476 74% 422 STORM UTILITY FUND 3 5,317,996 3,300,766 3,714,095 1,603,901 70% 423 SEWER/WWTP UTILITY FUND 4 11,917,843 9,706,514 8,574,356 3,343,487 72% 424 BOND RESERVE FUND 1,991,530 654,347 640,748 1,350,782 32% 511 EQUIPMENT RENTAL FUND 1,624,640 1,398,954 1,269,035 355,605 78% 512 TECHNOLOGY RENTAL FUND 1,268,390 724,201 955,007 313,383 75% 617 FIREMEN'S PENSION FUND 69,690 60,849 49,836 19,854 72% 83,871,104$ 57,407,210$ 61,069,972$ 22,801,132$ 73% 4 Differences primarily due to differences in contributed capital billings to WWTP partners in 2018. CITY OF EDMONDS REVENUES BY FUND - SUMMARY 3 Differences primarily due to a 9% increase in water, and 10% increase in storm base rates in 2018. 1 Differences primarily due to a $418,216 deposit in total for Real Estate Excise Tax in March 2018 from the State. 2 Differences primarily due to $500,175 in Parks Donations, and $166,664 from a Edmonds Waterfront Development Grant in 2018. 4.1.a Packet Pg. 6 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 2 Page 1 of 1 Fund No.Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent 001 GENERAL FUND 44,334,660$ 28,147,013$ 30,144,324$ 14,190,336$ 68% 009 LEOFF-MEDICAL INS. RESERVE 363,438 300,933 290,393 73,045 80% 011 RISK MANAGEMENT FUND - 81,277 - - 0% 012 CONTINGENCY RESERVE FUND 5 49,584 - 509,130 (459,546) 1027% 014 HISTORIC PRESERVATION GIFT FUND 5,400 - - 5,400 0% 016 BUILDING MAINTENANCE - 225,804 - - 0% 104 DRUG ENFORCEMENT FUND 103,252 48,869 72,276 30,976 70% 111 STREET FUND 1,856,507 1,227,759 1,259,755 596,752 68% 112 COMBINED STREET CONST/IMPROVE 3,747,838 2,951,402 2,596,097 1,151,741 69% 117 MUNICIPAL ARTS ACQUIS. FUND 183,892 48,066 43,134 140,758 23% 120 HOTEL/MOTEL TAX REVENUE FUND 90,550 47,709 32,062 58,488 35% 121 EMPLOYEE PARKING PERMIT FUND 26,880 1,638 573 26,307 2% 122 YOUTH SCHOLARSHIP FUND 1,000 1,160 1,757 (757) 176% 123 TOURISM PROMOTIONAL FUND/ARTS 29,700 17,531 9,059 20,641 31% 125 REAL ESTATE EXCISE TAX 2 2,733,000 773,559 863,706 1,869,294 32% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 2,651,867 182,389 673,805 1,978,062 25% 127 GIFTS CATALOG FUND 70,900 28,309 15,606 55,294 22% 130 CEMETERY MAINTENANCE/IMPROVEMT 213,509 118,562 148,937 64,572 70% 138 SISTER CITY COMMISSION 10,500 6,023 385 10,115 4% 140 BUSINESS IMPROVEMENT DISTRICT 6 - 52,474 66,238 (66,238) 0% 211 L.I.D. FUND CONTROL 16,450 16,450 - 16,450 0% 231 2012 LT GO DEBT SERVICE FUND 708,700 64,938 59,284 649,416 8% 332 PARKS CAPITAL CONSTRUCTION FUND 2,346,881 501,497 263,282 2,083,599 11% 421 WATER UTILITY FUND 13,434,675 6,076,029 7,672,165 5,762,510 57% 422 STORM UTILITY FUND 6,953,660 2,493,860 2,618,437 4,335,223 38% 423 SEWER/WWTP UTILITY FUND 14,166,002 9,958,759 7,474,203 6,691,799 53% 424 BOND RESERVE FUND 1,991,520 654,342 640,742 1,350,778 32% 511 EQUIPMENT RENTAL FUND 1,670,082 1,345,071 856,853 813,229 51% 512 TECHNOLOGY RENTAL FUND 1,335,413 544,855 814,841 520,572 61% 617 FIREMEN'S PENSION FUND 75,218 50,893 57,172 18,046 76% 99,171,078$ 55,967,173$ 57,184,216$ 41,986,862$ 58% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY 6 Business Improvement District is not included in the City Budget; activity is here for reporting purposes only. 5 2018 Expenditures includes interfund loans to 104 for $16,680 and to 112 for $442,866. 4.1.a Packet Pg. 7 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 3 Page 1 of 3 Title 2018 Amended Budget 9/30/2017 Revenues 9/30/2018 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 7 10,367,860$ 5,658,289$ 5,704,721$ 4,663,139$ 55% EMS PROPERTY TAX 4,027,540 2,187,629 2,186,458 1,841,082 54% VOTED PROPERTY TAX 2,500 14,116 3,047 (547) 122% LOCAL RETAIL SALES/USE TAX 8 7,275,000 5,439,449 6,141,885 1,133,115 84% NATURAL GAS USE TAX 7,140 7,746 3,656 3,484 51% 1/10 SALES TAX LOCAL CRIM JUST 730,000 522,524 564,776 165,224 77% ELECTRIC UTILITY TAX 1,611,600 1,327,189 1,328,348 283,252 82% GAS UTILITY TAX 620,200 550,214 487,993 132,207 79% SOLID WASTE UTILITY TAX 321,600 248,122 265,967 55,633 83% WATER UTILITY TAX 1,201,100 913,581 916,593 284,507 76% SEWER UTILITY TAX 769,800 526,042 584,344 185,456 76% STORMWATER UTILITY TAX 406,200 292,482 319,860 86,340 79% T.V. CABLE UTILITY TAX 867,200 652,791 608,553 258,647 70% TELEPHONE UTILITY TAX 1,093,200 821,864 748,849 344,351 69% PULLTABS TAX 56,600 40,587 39,163 17,437 69% AMUSEMENT GAMES 40 - - 40 0% LEASEHOLD EXCISE TAX 263,600 162,364 204,447 59,153 78% 29,621,180 19,364,990 20,108,659 9,512,521 68% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 250 270 215 35 86% POLICE - FINGERPRINTING 300 610 685 (385) 228% PROF AND OCC LICENSE-TAXI 330 - - 330 0% AMUSEMENTS 6,330 6,325 5,950 380 94% VENDING MACHINE/CONCESSION 50,000 51,321 49,419 581 99% FRANCHISE AGREEMENT-COMCAST 721,000 544,624 513,468 207,532 71% FRANCHISE FEE-EDUCATION/GOVERNMENT 42,600 31,676 31,273 11,327 73% FRANCHISE AGREEMENT-VERIZON/FRONTIER 105,500 79,762 80,664 24,836 76% FRANCHISE AGREEMENT-BLACKROCK 18,600 10,106 7,220 11,380 39% OLYMPIC VIEW WATER DISTRICT FRANCHISE 263,800 215,607 244,463 19,337 93% GENERAL BUSINESS LICENSE 121,600 68,327 78,303 43,297 64% DEV SERV PERMIT SURCHARGE 64,940 56,387 59,465 5,475 92% NON-RESIDENT BUS LICENSE 69,000 50,650 46,950 22,050 68% RIGHT OF WAY FRANCHISE FEE 12,000 13,880 52,816 (40,816) 440%BUILDING STRUCTURE PERMITS 715,600 675,646 554,312 161,288 77% ANIMAL LICENSES 24,500 13,198 11,843 12,657 48% STREET AND CURB PERMIT 40,000 34,066 42,235 (2,235) 106% OTR NON-BUS LIC/PERMITS 14,500 14,142 17,517 (3,017) 121% 2,270,850 1,866,595 1,796,799 474,051 79% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 7,930 5,949 4,535 3,395 57% TARGET ZERO TEAMS GRANT 4,000 1,030 2,937 1,063 73% HIGH VISIBILITY ENFORCEMENT 7,100 7,939 8,602 (1,502) 121% DOCKSIDE DRILLS GRANT REIMBURSE - 1,399 1,455 (1,455) 0% DEPT OF NATURAL RESOURCES - - 17,347 (17,347) 0% WA STATE TRAFFIC COMM GRANT - - 3,623 (3,623) 0% STATE GRANTS - BUDGET ONLY 18,000 - - 18,000 0% WATERFRONT ANALYSIS GRANT - 10,000 - - 0% PUD PRIVILEDGE TAX 198,000 - 212,002 (14,002) 107% MVET/SPECIAL DISTRIBUTION 12,790 8,612 8,906 3,884 70% TRIAL COURT IMPROVEMENT 16,716 12,536 12,400 4,316 74% AOC PRO-TEM JUDGE REIMBURSEMENT - - 705 (705) 0% CRIMINAL JUSTICE-SPECIAL PROGRAMS 43,700 31,283 32,213 11,487 74% MARIJUANA EXCISE TAX DISTRIBUTION 23,700 5,574 59,452 (35,752) 251% DUI - CITIES 3,000 4,660 4,575 (1,575) 152% LIQUOR EXCISE TAX 203,000 143,816 152,009 50,991 75% LIQUOR BOARD PROFITS 350,600 259,062 256,420 94,180 73% MISCELLANEOUS INTERLOCAL REVENUE 2,500 - - 2,500 0% INTERLOCAL GRANTS - 35,000 25,000 (25,000) 0% VERDANT INTERLOCAL GRANTS 2,000 2,000 5,810 (3,810) 291% FIRST RESPONDERS FLEX FUND - - 1,737 (1,737) 0% POLICE TRAINING CLASSES - 300 - - 0% DISCOVERY PROGRAMS TECHNOLOGY ACQ.- - 2,190 (2,190) 0% 893,036 529,159 811,918 81,118 91% REVENUES - GENERAL FUNDCITY OF EDMONDS 8 2018 Local Retail Sales/Use Tax revenues are $702,436 higher than 2017 revenues. Please also see pages pages 18 & 19. 7 2018 Real Personal/Property Tax Revenues are $46,431 higher than 2017 revenues. 4.1.a Packet Pg. 8 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 4 Page 2 of 3 Title 2018 Amended Budget 9/30/2017 Revenues 9/30/2018 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMENTS 2,500 3,134 4,787 (2,287) 191% ATM SURCHARGE FEES 400 451 338 63 84% CREDIT CARD FEES 10,000 7,750 9,887 113 99% COURT RECORD SERVICES - 440 76 (76) 0% D/M COURT REC SER 400 212 124 276 31% CIVIL FEE - APPEAL - 53 - - 0% WARRANT PREPARATION FEE - - 4,599 (4,599) 0% IT TIME PAY FEE - 59 890 (890) 0% MUNIC.-DIST. COURT CURR EXPEN 300 186 109 191 36% SALE MAPS & BOOKS 100 36 41 59 41% CLERKS TIME FOR SALE OF PARKING PERMITS 25,100 - - 25,100 0% BID SUPPLIES REIMBURSEMENT 600 - - 600 0% PHOTOCOPIES 1,000 695 438 562 44% POLICE DISCLOSURE REQUESTS 4,000 2,428 69 3,931 2% ENGINEERING FEES AND CHARGES 200,000 350,566 180,976 19,024 90% ELECTION CANDIDATE FILING FEES - - 1,486 (1,486) 0% SNO-ISLE 78,000 60,131 71,550 6,450 92% PASSPORTS AND NATURALIZATION FEES 23,000 18,450 17,720 5,280 77% POLICE SERVICES SPECIAL EVENTS 30,000 32,434 32,951 (2,951) 110% CAMPUS SAFETY-EDM. SCH. DIST.66,280 3,161 26,413 39,867 40% WOODWAY-LAW PROTECTION 60,000 50,261 41,488 18,512 69% MISCELLANEOUS POLICE SERVICES 1,500 - - 1,500 0% DUI EMERGENCY FIRE SERVICES 100 - - 100 0% FIRE PROTECTION & EMS FOR DUI - 77 - - 0% FIRE DISTRICT #1 STATION BILLINGS 50,000 42,179 42,516 7,484 85% LEGAL SERVICES - - 1,228 (1,228) 0% ADULT PROBATION SERVICE CHARGE 48,600 36,329 43,785 4,815 90% ELECTRIC MONITORING - - 100 (100) 0% BOOKING FEES 3,000 2,015 1,407 1,593 47% FIRE CONSTRUCTION INSPECTION FEES 15,560 15,502 12,420 3,140 80% EMERGENCY SERVICE FEES 4,500 3,096 3,552 948 79% EMS TRANSPORT USER FEE 826,000 613,433 838,399 (12,399) 102% FLEX FUEL PAYMENTS FROM STATIONS 2,500 2,050 2,450 51 98% ANIMAL CONTROL SHELTER 250 50 45 205 18% ZONING/SUBDIVISION FEE 80,250 81,163 111,361 (31,111) 139% PLAN CHECKING FEES 443,000 382,774 283,260 159,740 64% FIRE PLAN CHECK FEES 8,000 8,270 6,545 1,455 82% PLANNING 1% INSPECTION FEE 1,600 733 669 931 42% S.E.P.A. REVIEW 5,000 8,710 6,700 (1,700) 134% CRITICAL AREA STUDY 14,000 13,240 14,800 (800) 106% DV COORDINATOR SERVICES 11,460 8,594 9,519 1,941 83% GYM AND WEIGHTROOM FEES 12,000 9,787 9,579 2,421 80% LOCKER FEES - 15 - - 0% PROGRAM FEES 910,100 694,964 716,189 193,911 79% TAXABLE RECREATION ACTIVITIES 1,300 1,097 419 881 32% WINTER MARKET REGISTRATION FEES 5,000 1,500 2,595 2,405 52% BIRD FEST REGISTRATION FEES 1,250 1,030 855 395 68% INTERFUND REIMBURSEMENT-CONTRACT SVCS 2,043,950 1,774,320 1,957,773 86,177 96% 4,990,600 4,231,376 4,460,106 530,494 89% CITY OF EDMONDS REVENUES - GENERAL FUND 4.1.a Packet Pg. 9 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 5 Page 3 of 3 Title 2018 Amended Budget 9/30/2017 Revenues 9/30/2018 Revenues Amount Remaining % Received FINES AND PENALTIES: PROOF OF VEHICLE INS PENALTY 5,000 3,524 4,971 29 99% TRAFFIC INFRACTION PENALTIES 215,000 162,276 208,763 6,237 97% NC TRAFFIC INFRACTION 34,000 26,574 23,327 10,673 69% CRT COST FEE CODE LEG ASSESSMENT (LGA)20,700 16,434 24,979 (4,279) 121% NON-TRAFFIC INFRACTION PENALTIES 400 400 4,000 (3,600) 1000% OTHER INFRACTIONS '04 3,400 2,118 736 2,664 22% PARKING INFRACTION PENALTIES 48,000 39,714 126,325 (78,325) 263% PARK/INDDISZONE 2,600 1,700 735 1,865 28% DWI PENALTIES 6,000 7,161 7,258 (1,258) 121% DUI - DP ACCT 2,000 1,423 597 1,403 30% CRIM CNV FEE DUI 200 141 129 71 64% DUI - DP FEE - 53 1,677 (1,677) 0% OTHER CRIMINAL TRAF MISDEM PEN 135 197 96 39 71% CRIMINAL TRAFFIC MISDEMEANOR 8/03 36,000 26,984 25,046 10,954 70% CRIMINAL CONVICTION FEE CT 2,600 1,940 2,860 (260) 110% CRIM CONV FEE CT 1,600 1,288 770 830 48% OTHER NON-TRAF MISDEMEANOR PEN 100 32 38 62 38% OTHER NON TRAFFIC MISD. 8/03 9,300 6,898 9,748 (448) 105% COURT DV PENALTY ASSESSMENT 600 420 438 162 73% CRIMINAL CONVICTION FEE CN 1,100 974 1,144 (44) 104% CRIM CONV FEE CN 500 285 374 126 75% CRIMINAL COSTS-RECOUPMENTS - 6,472 - - 0% PUBLIC DEFENSE RECOUPMENT 18,500 12,630 14,608 3,892 79% BANK CHARGE FOR CONV. DEFENDANT 6,000 6,635 9,178 (3,178) 153% COURT COST RECOUPMENT 5,000 - 4,478 522 90% COURT INTERPRETER COSTS - 246 - - 0% BUS. LICENSE PERMIT PENALTY 11,000 9,430 11,310 (310) 103% MISC FINES AND PENALTIES 2,000 1,440 1,725 275 86% 431,735 337,390 485,311 (53,576) 112% MISCELLANEOUS: INVESTMENT INTEREST 156,840 95,979 120,639 36,201 77% INTEREST ON COUNTY TAXES 7,130 7,253 13,047 (5,917) 183% INTEREST - COURT COLLECTIONS 6,500 4,820 6,527 (27) 100% PARKING 15,600 12,864 4,062 11,538 26% SPACE/FACILITIES RENTALS 147,000 116,532 124,765 22,235 85% BRACKET ROOM RENTAL 5,000 4,080 1,940 3,060 39% LEASES LONG-TERM 185,000 136,935 141,772 43,228 77% OTHER RENTS & USE CHARGES 2,400 1,800 - 2,400 0% DONATION/CONTRIBUTION - - 1,281 (1,281) 0% PARKS DONATIONS 4,350 3,650 3,380 970 78% BIRD FEST CONTRIBUTIONS 1,500 2,044 1,776 (276) 118% FIRST RESPONDERS - PRIVATE SOURCE - - 28,000 (28,000) 0% VOLUNTEER PICNIC CONTRIBUTIONS 1,000 - - 1,000 0% POLICE CONTRIBUTIONS FROM PRIV SOURCES 1,000 - - 1,000 0% SALE OF JUNK/SALVAGE 300 4,956 58 242 19% SALES OF UNCLAIM PROPERTY 3,000 1,748 1,877 1,123 63% CONFISCATED AND FORFEITED PROPERTY 2,000 - - 2,000 0% OTHER JUDGEMENT/SETTLEMENT 2,000 7 - 2,000 0% POLICE JUDGMENTS/RESTITUTION 200 91 90 110 45% CASHIER'S OVERAGES/SHORTAGES - 271 (87) 87 0% OTHER MISC REVENUES 9 652,000 8,897 396,620 255,380 61% SMALL OVERPAYMENT 30 37 61 (31) 204% NSF FEES - PARKS & REC 120 - - 120 0% NSF FEES - MUNICIPAL COURT 300 339 266 34 89% NSF FEES - POLICE - 60 30 (30) 0% US BANK REBATE 7,500 6,629 7,168 332 96%1,200,770 408,991 853,272 347,498 71% TRANSFERS-IN: SALE OF FIXED ASSETS - - 5,273 (5,273) 0% INSURANCE RECOVERIES - 7,143 - - 0% INTERFUND TRANSFER FROM FUND 012 49,584 - 49,584 - 100% TRANSFER FROM FUND 127 26,300 26,300 13,150 13,150 50% 75,884 33,443 68,007 13,150 90% TOTAL GENERAL FUND REVENUE 39,484,055$ 26,771,944$ 28,584,072$ 10,905,256$ 72% CITY OF EDMONDS 9 $650,000 of this represents a short-term loan to the ECA for a roof/equipment project. REVENUES - GENERAL FUND 4.1.a Packet Pg. 10 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 6 Page 1 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 15,512,846$ 10,444,101$ 10,924,944$ 4,587,902$ 70% OVERTIME 493,580 380,614 504,858 (11,278) 102% HOLIDAY BUY BACK 243,389 4,413 7,135 236,254 3% BENEFITS 6,172,380 4,068,231 4,247,095 1,925,285 69% UNIFORMS 88,785 54,165 60,524 28,261 68% SUPPLIES 378,580 245,831 273,619 104,961 72% SMALL EQUIPMENT 56,160 43,683 75,932 (19,772) 135% PROFESSIONAL SERVICES 3,934,985 1,975,489 2,096,980 1,838,005 53% COMMUNICATIONS 166,585 108,518 105,621 60,964 63% TRAVEL 55,330 35,507 31,678 23,652 57% EXCISE TAXES 6,500 3,912 4,446 2,054 68% RENTAL/LEASE 1,988,447 1,267,574 1,481,887 506,560 75% INSURANCE 624,530 616,495 437,253 187,277 70% UTILITIES 457,800 381,209 398,560 59,240 87% REPAIRS & MAINTENANCE 590,713 180,661 191,849 398,864 32% MISCELLANEOUS 517,497 216,222 270,680 246,817 52% INTERGOVERNMENTAL SERVICES 9,901,462 7,477,913 7,714,149 2,187,313 78% INTERGOVERNMENTAL PAYMENTS 10 695,000 - 441,873 253,127 64% INTERFUND SUBSIDIES 1,863,370 537,130 779,625 1,083,745 42% LAND 200,000 - 4,884 195,116 2% BUILDINGS 60,000 - - 60,000 0% MACHINERY/EQUIPMENT 128,721 91,135 80,159 48,562 62% GENERAL OBLIGATION BOND PRINCIPAL 176,340 - - 176,340 0% OTHER INTEREST & DEBT SERVICE COSTS 500 222 - 500 0% INTEREST ON LONG-TERM EXTERNAL DEBT 21,160 13,990 10,576 10,584 50% 44,334,660$ 28,147,013$ 30,144,324$ 14,190,336$ 68% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 184,000$ 124,117$ 122,176$ 61,824$ 66% PENSION AND DISABILITY PAYMENTS 172,158 174,617 164,856 7,302 96% PROFESSIONAL SERVICES 7,000 1,800 2,962 4,038 42% MISCELLANEOUS 280 400 400 (120) 143% 363,438$ 300,933$ 290,393$ 73,045$ 80% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS -$ 81,277$ -$ -$ 0% -$ 81,277$ -$ -$ 0% CONTINGENCY RESERVE FUND (012) INTERFUND SUBSIDIES 49,584$ -$ 49,584$ -$ 100% INTERFUND LOAN 11 - - 459,546 (459,546) 0%49,584$ -$ 509,130$ (459,546)$ 1027% HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES 100$ -$ -$ 100$ 0% PROFESSIONAL SERVICES 200 - - 200 0% MISCELLANEOUS 5,100 - - 5,100 0% 5,400$ -$ -$ 5,400$ 0% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES -$ 148$ -$ -$ 0 PROFESSIONAL SERVICES - 47,780 - - 0% REPAIR & MAINTENANCE - 77,373 - - 0% CONSTRUCTION PROJECTS 100,504 - - 0% -$ 225,804$ -$ -$ 0% DRUG ENFORCEMENT FUND (104) FUEL CONSUMED 3,000$ 1,361$ -$ 3,000$ 0% SMALL EQUIPMENT 5,000 - - 5,000 0% COMMUNICATIONS 2,230 866 - 2,230 0% REPAIR/MAINT 800 - - 800 0% MISCELLANEOUS 20,000 5,000 - 20,000 0% INTERGOVERNMENTAL SERVICES 72,222 41,642 72,276 (54) 100%103,252$ 48,869$ 72,276$ 30,976$ 70% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS 10 $650,000 of this represents a short-term loan to the ECA for a roof/equipment project. 11 2018 Expenditures includes interfund loans to 104 for $16,680 and to 112 for $442,866. 4.1.a Packet Pg. 11 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 7 Page 2 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 551,495$ 391,865$ 376,411$ 175,084$ 68% OVERTIME 24,400 22,235 18,437 5,963 76% BENEFITS 286,892 203,067 183,657 103,235 64% UNIFORMS 6,000 3,711 3,136 2,864 52% SUPPLIES 310,000 134,227 160,503 149,497 52% SMALL EQUIPMENT 20,000 8,892 396 19,604 2% PROFESSIONAL SERVICES 16,050 9,693 9,052 6,998 56% COMMUNICATIONS 4,500 5,531 5,033 (533) 112% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 187,150 136,499 141,455 45,695 76% INSURANCE 113,230 110,508 156,645 (43,415) 138% UTILITIES 273,170 181,167 188,264 84,906 69% REPAIRS & MAINTENANCE 45,000 13,404 14,403 30,597 32% MISCELLANEOUS 8,000 2,595 1,139 6,861 14% INTERGOVERNMENTAL SERVICES 5,000 4,009 902 4,098 18% GENERAL OBLIGATION BOND PRINCIPAL 3,970 - - 3,970 0% INTEREST 650 354 322 328 50% 1,856,507$ 1,227,759$ 1,259,755$ 596,752$ 68% COMBINED STREET CONST/IMPROVE (112) SALARIES AND WAGES -$ 15,132$ 15,335$ (15,335)$ 0% OVERTIME - 672 - - 0% BENEFITS - 6,192 10,610 (10,610) 0% SMALL EQUIPMENT - 2,056 - - 0% PROFESSIONAL SERVICES 353,118 777,885 290,552 62,566 82% REPAIRS & MAINTENANCE 300,000 34,602 72,932 227,068 24% INTERFUND SUBSIDIES 47,910 40,711 40,515 7,395 85% LAND 25,000 - 10,500 14,500 42% MACHINERY/EQUIPMENT - 8,166 - - 0% CONSTRUCTION PROJECTS 2,946,900 1,990,749 2,080,778 866,122 71% INTERGOVERNMENTAL LOANS 72,220 72,201 72,201 19 100% INTEREST 2,690 3,035 2,674 16 99% 3,747,838$ 2,951,402$ 2,596,097$ 1,151,741$ 69% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 4,900$ 1,230$ 904$ 3,996$ 18% SMALL EQUIPMENT 1,700 902 128 1,572 8% PROFESSIONAL SERVICES 168,312 42,359 38,214 130,098 23% TRAVEL 80 35 9 71 11% RENTAL/LEASE 2,000 - - 2,000 0% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 6,600 3,540 3,879 2,721 59% 183,892$ 48,066$ 43,134$ 140,758$ 23% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 86,300$ 45,659$ 30,062$ 56,238$ 35% MISCELLANEOUS 250 50 - 250 0% INTERFUND SUBSIDIES 4,000 2,000 2,000 2,000 50% 90,550$ 47,709$ 32,062$ 58,488$ 35% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,790$ 1,638$ 573$ 1,217$ 32% PROFESSIONAL SERVICES 25,090 - - 25,090 0% 26,880$ 1,638$ 573$ 26,307$ 2% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 1,000$ 1,160$ 1,757$ (757)$ 176% 1,000$ 1,160$ 1,757$ (757)$ 176% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SERVICES 28,200$ 15,431$ 7,595$ 20,605$ 27% MISCELLANEOUS 1,500 2,100 1,464 36 98% 29,700$ 17,531$ 9,059$ 20,641$ 31% REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 21,000$ 50,967$ 17,523$ 3,477$ 83% PROFESSIONAL SERVICES 65,040 272,951 81,704 (16,664) 126% UTILITIES - 1,649 - - 0% REPAIRS & MAINTENANCE 600,000 - 156,922 443,078 26% BUILDINGS 150,000 - - 150,000 0% CONSTRUCTION PROJECTS 1,896,960 447,993 607,557 1,289,403 32% 2,733,000$ 773,559$ 863,706$ 1,869,294$ 32% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 4.1.a Packet Pg. 12 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 8 Page 3 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) PROFESSIONAL SERVICES 160,555$ 14,527$ 123,890$ 36,665$ 77% REPAIRS & MAINTENANCE 1,031,762 - 266,019 765,743 26% INTERFUND SUBSIDIES 135,130 16,163 15,063 120,068 11% LAND - 43,201 - - 0% MISCELLANEOUS 216,720 - 216,720 - 100% CONSTRUCTION PROJECTS 1,080,850 106,364 50,241 1,030,609 5% GENERAL OBLIGATION BONDS 23,100 - - 23,100 0% INTEREST 3,750 2,062 1,873 1,877 50% OTHER INTEREST & DEBT SERVICE COSTS - 72 - - 0% 2,651,867$ 182,389$ 673,805$ 1,978,062$ 25% GIFTS CATALOG FUND (127) SUPPLIES 37,500$ 2,009$ 2,302$ 35,198$ 6% PROFESSIONAL SERVICES 6,500 - - 6,500 0% MISCELLANEOUS 600 - 154 446 26% INTERFUND SUBSIDIES 26,300 26,300 13,150 13,150 50% 70,900$ 28,309$ 15,606$ 55,294$ 22% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 91,711$ 55,987$ 65,367$ 26,344$ 71% OVERTIME 3,500 3,096 2,390 1,110 68% BENEFITS 38,253 26,390 27,109 11,144 71% UNIFORMS 1,000 - 675 325 67% SUPPLIES 22,995 1,117 17,141 5,854 75% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 8,204 18,221 1,779 91% PROFESSIONAL SERVICES 4,200 5,463 1,582 2,618 38% COMMUNICATIONS 1,410 1,021 1,036 374 73% TRAVEL 500 - - 500 0% RENTAL/LEASE 11,640 8,093 8,730 2,910 75% UTILITIES 3,800 3,842 3,825 (25) 101% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 14,000 5,350 2,861 11,139 20% 213,509$ 118,562$ 148,937$ 64,572$ 70% SISTER CITY COMMISSION (138) SUPPLIES 1,500$ 390$ 27$ 1,473$ 2% TRAVEL 4,500 2,839 - 4,500 0% MISCELLANEOUS 4,500 2,794 357 4,143 8% 10,500$ 6,023$ 385$ 10,115$ 4% BUSINESS IMPROVEMENT DISTRICT FUND (140) SUPPLIES -$ 842$ 6,892$ (6,892)$ 0% PROFESSIONAL SERVICES - 50,307 54,557 (54,557) 0% MISCELLANEOUS - 1,326 4,789 (4,789) 0% -$ 52,474$ 66,238$ (66,238)$ 0% LID FUND CONTROL (211) INTERFUND SUBSIDIES 16,450$ 16,450$ -$ 16,450$ 0% 16,450$ 16,450$ -$ 16,450$ 0% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 589,630$ -$ -$ 589,630$ 0% INTEREST 118,580 64,938 59,284 59,296 50% OTHER INTEREST & DEBT SERVICE COSTS 490 - - 490 0% 708,700$ 64,938$ 59,284$ 649,416$ 8% PARKS CONSTRUCTION FUND (332) PROFESSIONAL SERVICES 7,160$ 87,857$ 8,548$ (1,388)$ 119% INTERFUND SUBSIDIES 200,000 - 200,000 - 100% CONSTRUCTION PROJECTS 2,139,721 413,640 54,734 2,084,987 3% 2,346,881$ 501,497$ 263,282$ 2,083,599$ 11% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 4.1.a Packet Pg. 13 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 9 Page 4 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent WATER FUND (421) SALARIES AND WAGES 828,440$ 563,458$ 544,461$ 283,979$ 66% OVERTIME 24,000 14,520 17,268 6,732 72% BENEFITS 392,984 266,461 254,691 138,293 65% UNIFORMS 4,000 4,727 2,747 1,253 69% SUPPLIES 220,000 120,358 118,681 101,319 54% FUEL CONSUMED - - 70 (70) 0% WATER PURCHASED FOR RESALE 1,800,000 1,274,054 1,398,270 401,730 78% SUPPLIES PURCHASED FOR INVENTORY/RESALE 170,000 171,093 72,773 97,227 43% SMALL EQUIPMENT 11,000 2,165 2,236 8,764 20% PROFESSIONAL SERVICES 836,294 1,079,780 535,886 300,408 64% COMMUNICATIONS 30,000 22,959 20,039 9,961 67% TRAVEL 200 - - 200 0% EXCISE TAXES 400,000 287,590 320,303 79,697 80% RENTAL/LEASE 144,907 108,692 106,754 38,153 74% INSURANCE 56,050 58,214 56,738 (688) 101% UTILITIES 35,000 17,881 18,023 16,977 51% REPAIRS & MAINTENANCE 239,500 35,427 68,136 171,364 28% MISCELLANEOUS 84,785 57,016 75,852 8,933 89% INTERGOVERNMENTAL SERVICES 30,000 31,609 30,841 (841) 103% INTERFUND TAXES 1,209,700 913,581 916,593 293,107 76% INTERFUND SUBSIDIES 644,620 215,315 211,087 433,533 33% MACHINERY/EQUIPMENT 15,000 - - 15,000 0% CONSTRUCTION PROJECTS 5,648,935 681,235 2,756,382 2,892,553 49% GENERAL OBLIGATION BONDS 2,670 - - 2,670 0% REVENUE BONDS 344,650 - - 344,650 0% INTERGOVERNMENTAL LOANS 25,840 25,839 25,839 1 100% INTEREST 236,100 123,678 118,495 117,605 50% OTHER INTEREST & DEBT SERVICE COSTS - 375 - - 0% 13,434,675$ 6,076,029$ 7,672,165$ 5,762,510$ 57% STORM FUND (422) SALARIES AND WAGES 677,138$ 433,157$ 482,550$ 194,588$ 71% OVERTIME 6,000 8,269 8,516 (2,516) 142% BENEFITS 356,297 226,866 245,830 110,467 69% UNIFORMS 6,500 4,600 5,060 1,440 78% SUPPLIES 46,000 28,190 25,954 20,046 56% SMALL EQUIPMENT 4,000 5,880 74 3,926 2% PROFESSIONAL SERVICES 686,923 743,063 555,737 131,186 81% COMMUNICATIONS 3,200 4,049 3,195 5 100% TRAVEL 4,300 - 840 3,460 20% EXCISE TAXES 55,000 47,006 51,805 3,195 94% RENTAL/LEASE 250,767 195,551 184,848 65,919 74% INSURANCE 71,540 72,028 178,798 (107,258) 250% UTILITES 10,500 7,506 7,639 2,861 73% REPAIR & MAINTENANCE 15,000 16,820 11,160 3,840 74% MISCELLANEOUS 88,500 61,672 78,328 10,172 89% INTERGOVERNMENTAL SERVICES 150,000 76,622 116,899 33,101 78% INTERFUND TAXES AND OPERATING ASSESSMENT 406,100 292,482 319,860 86,240 79% INTERFUND SUBSIDIES 298,500 84,737 83,159 215,341 28% MACHINERY/EQUIPMENT 315,000 - - 315,000 0% CONSTRUCTION PROJECTS 3,074,815 84,252 160,660 2,914,155 5% GENERAL OBLIGATION BONDS 97,320 - - 97,320 0% REVENUE BONDS 168,360 - - 168,360 0% INTERGOVERNMENTAL LOANS 32,070 32,063 32,063 8 100% INTEREST 129,830 68,881 65,463 64,367 50% OTHER INTEREST & DEBT SERVICE COSTS - 165 - - 0% 6,953,660$ 2,493,860$ 2,618,437$ 4,335,223$ 38% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS 4.1.a Packet Pg. 14 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 10 Page 5 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent SEWER FUND (423) SALARIES AND WAGES 1,793,854$ 1,263,503$ 1,247,698$ 546,156$ 70% OVERTIME 95,000 72,762 66,481 28,519 70% BENEFITS 821,233 578,287 564,376 256,857 69% UNIFORMS 9,500 7,387 6,532 2,968 69% SUPPLIES 432,200 148,021 226,892 205,308 52% FUEL CONSUMED 80,000 57,096 38,279 41,721 48% SUPPLIES PURCHASED FOR INV OR RESALE 4,000 2,989 3,853 147 96% SMALL EQUIPMENT 50,000 19,142 34,711 15,289 69% PROFESSIONAL SERVICES 1,307,274 1,549,931 789,173 518,101 60% COMMUNICATIONS 43,000 29,964 30,919 12,081 72% TRAVEL 5,000 - 3,241 1,759 65% EXCISE TAXES 200,000 169,135 159,385 40,615 80% RENTAL/LEASE 310,809 227,009 230,487 80,322 74% INSURANCE 109,270 116,720 117,717 (8,447) 108% UTILITIES 1,217,860 485,433 709,007 508,853 58% REPAIR & MAINTENANCE 340,000 227,917 321,241 18,759 94% MISCELLANEOUS 105,450 78,877 60,578 44,872 57% INTERGOVERNMENTAL SERVICES 168,000 73,574 98,356 69,644 59% INTERFUND TAXES AND OPERATING ASSESSMENT 763,000 526,042 584,344 178,656 77% INTERFUND SUBSIDIES 1,678,327 1,210,036 413,431 1,264,896 25% MACHINERY/EQUIPMENT 85,000 173,745 79,862 5,138 94% CONSTRUCTION PROJECTS 4,068,435 2,716,492 1,466,420 2,602,015 36% GENERAL OBLIGATION BONDS 148,140 - - 148,140 0% REVENUE BONDS 77,010 - - 77,010 0% INTERGOVERNMENTAL LOANS 171,890 171,230 171,872 18 100% INTEREST 81,750 47,528 44,050 37,700 54% OTHER INTEREST & DEBT SERVICE COSTS - 5,939 5,297 (5,297) 0% 14,166,002$ 9,958,759$ 7,474,203$ 6,691,799$ 53% BOND RESERVE FUND (424) REVENUE BONDS 710,020$ -$ -$ 710,020$ 0% INTEREST 1,281,500 654,342 640,742 640,758 50% 1,991,520$ 654,342$ 640,742$ 1,350,778$ 32% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS 4.1.a Packet Pg. 15 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 11 Page 6 of 6 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 250,519$ 175,405$ 189,474$ 61,045$ 76% OVERTIME 2,000 48 - 2,000 0% BENEFITS 114,956 77,588 80,968 33,988 70% UNIFORMS 1,000 626 865 135 86% SUPPLIES 110,000 51,485 54,531 55,469 50% FUEL CONSUMED 1,000 - - 1,000 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 268,000 143,001 117,078 150,922 44% SMALL EQUIPMENT 58,000 52,992 5,706 52,294 10% PROFESSIONAL SERVICES 44,000 1,980 2,771 41,229 6% COMMUNICATIONS 3,000 1,744 1,637 1,363 55% TRAVEL 1,000 - 339 661 34% RENTAL/LEASE 9,780 11,177 7,005 2,775 72% INSURANCE 29,010 26,351 29,464 (454) 102% UTILITIES 14,000 9,479 9,822 4,178 70% REPAIRS & MAINTENANCE 60,000 38,075 21,018 38,982 35% MISCELLANEOUS 12,000 7,839 7,490 4,510 62% INTERGOVERNMENTAL SERVICES 2,500 1,744 1,573 927 63% MACHINERY/EQUIPMENT 689,317 745,538 327,113 362,204 47% 1,670,082$ 1,345,071$ 856,853$ 813,229$ 51% TECHNOLOGY RENTAL FUND (512) SALARIES AND WAGES 283,742$ 210,012$ 209,616$ 74,126$ 74% OVERTIME 2,000 30 1,632 368 82% BENEFITS 98,101 70,103 69,986 28,115 71% SUPPLIES 5,000 12,546 4,042 958 81% SMALL EQUIPMENT 300,000 42,540 89,201 210,799 30% PROFESSIONAL SERVICES 203,300 17,662 163,526 39,774 80% COMMUNICATIONS 58,770 31,344 30,737 28,033 52% TRAVEL 1,500 (17) 412 1,088 27% RENTAL/LEASE 6,810 6,655 5,877 933 86% REPAIRS & MAINTENANCE 315,190 144,396 155,627 159,563 49% MISCELLANEOUS 5,000 9,584 9,464 (4,464) 189% MACHINERY/EQUIPMENT 56,000 - 74,721 (18,721) 133% 1,335,413$ 544,855$ 814,841$ 520,572$ 61% FIREMEN'S PENSION FUND (617) BENEFITS 23,000$ 15,214$ 17,038$ 5,962$ 74% PENSION AND DISABILITY PAYMENTS 51,018 35,679 39,597 11,421 78% PROFESSIONAL SERVICES 1,200 - 538 662 45% 75,218$ 50,893$ 57,172$ 18,046$ 76% TOTAL EXPENDITURE ALL FUNDS 99,171,078$ 55,967,173$ 57,184,216$ 41,986,862$ 58% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 4.1.a Packet Pg. 16 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 12 Page 1 of 1 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent CITY COUNCIL 580,919$ 215,030$ 332,628$ 248,291$ 57% OFFICE OF MAYOR 297,088 204,943 218,015 79,073 73% HUMAN RESOURCES 477,314 280,584 314,056 163,258 66% MUNICIPAL COURT 1,105,852 719,187 737,873 367,979 67% CITY CLERK 697,748 478,264 503,247 194,501 72% FINANCE 1,237,786 792,011 808,422 429,364 65% CITY ATTORNEY 847,480 598,879 598,314 249,166 71% NON-DEPARTMENTAL 14,260,547 9,058,597 9,756,639 4,503,908 68% POLICE SERVICES 11,294,351 7,317,041 8,146,348 3,148,003 72% COMMUNITY SERVICES/ECONOMIC DEV.590,461 379,173 410,560 179,901 70% DEVELOPMENT SERVICES 3,318,150 1,958,291 2,027,906 1,290,244 61% PARKS & RECREATION 4,411,972 2,960,855 2,938,075 1,473,897 67% PUBLIC WORKS 3,114,829 1,974,444 2,075,639 1,039,190 67% FACILITIES MAINTENANCE 2,100,163 1,209,713 1,276,602 823,561 61% 44,334,660$ 28,147,013$ 30,144,324$ 14,190,336$ 68% Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent WATER UTILITY FUND 13,434,675$ 6,076,029$ 7,672,165$ 5,762,510$ 57% STORM UTILITY FUND 6,953,660 2,493,860 2,618,437 4,335,223 38% SEWER/WWTP UTILITY FUND 14,166,002 9,958,759 7,474,203 6,691,799 53% BOND RESERVE FUND 1,991,520 654,342 640,742 1,350,778 32% 36,545,857$ 19,182,989$ 18,405,547$ 18,140,310$ 50% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - UTILITY- BY FUND IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS 4.1.a Packet Pg. 17 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 13 Page 1 of 4 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 169,808$ 122,724$ 121,539$ 48,269$ 72% OVERTIME 1,000 - - 1,000 0% BENEFITS 119,687 75,597 69,501 50,186 58% SUPPLIES 2,000 1,030 1,004 996 50% SMALL EQUIPMENT - 285 15,089 (15,089) 0% PROFESSIONAL SERVICES 237,160 1,672 102,018 135,142 43% COMMUNICATIONS 3,000 2,701 2,511 489 84% TRAVEL 6,700 1,198 1,430 5,270 21% RENTAL/LEASE 16,064 6,464 12,206 3,858 76% REPAIRS/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 25,000 3,360 7,331 17,669 29% 580,919$ 215,030$ 332,628$ 248,291$ 57% OFFICE OF MAYOR SALARIES 208,326$ 151,735$ 156,905$ 51,422$ 75% BENEFITS 53,611 37,179 37,437 16,174 70% SUPPLIES 1,500 473 426 1,074 28% PROFESSIONAL SERVICES 2,000 1,582 1,943 57 97% COMMUNICATION 1,400 1,018 1,229 171 88% TRAVEL 4,000 1,053 829 3,171 21% RENTAL/LEASE 21,801 8,126 15,633 6,168 72% MISCELLANEOUS 4,450 3,776 3,613 837 81% 297,088$ 204,943$ 218,015$ 79,073$ 73% HUMAN RESOURCES SALARIES 249,577$ 161,684$ 171,900$ 77,677$ 69% OVERTIME - 369 - - 0% BENEFITS 84,882 56,955 65,409 19,473 77% SUPPLIES 2,300 1,819 2,990 (690) 130% SMALL EQUIPMENT 300 909 - 300 0% PROFESSIONAL SERVICES 78,000 31,803 42,600 35,400 55% COMMUNICATIONS 700 911 817 (117) 117% TRAVEL 1,000 337 1,201 (201) 120% RENTAL/LEASE 25,525 15,894 20,273 5,252 79% REPAIR/MAINTENANCE 7,850 7,056 7,326 524 93%MISCELLANEOUS 27,180 2,848 1,540 25,640 6% 477,314$ 280,584$ 314,056$ 163,258$ 66% MUNICIPAL COURT SALARIES 587,898$ 435,010$ 420,871$ 167,027$ 72% OVERTIME 800 441 96 704 12% BENEFITS 245,141 170,903 166,985 78,156 68% SUPPLIES 9,600 5,124 6,056 3,544 63% SMALL EQUIPMENT 1,000 474 35 965 4% PROFESSIONAL SERVICES 91,925 60,620 64,986 26,939 71% COMMUNICATIONS 2,700 2,074 1,854 846 69% TRAVEL 6,500 1,708 3,565 2,935 55% RENTAL/LEASE 71,204 29,569 54,138 17,066 76% REPAIR/MAINTENANCE 4,263 537 - 4,263 0% MISCELLANEOUS 14,000 12,727 19,286 (5,286) 138% MACHINERY/EQUIPMENT 70,821 - - 70,821 0% 1,105,852$ 719,187$ 737,873$ 367,979$ 67% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS 4.1.a Packet Pg. 18 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 14 Page 2 of 4 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 345,266$ 245,304$ 270,514$ 74,752$ 78% BENEFITS 163,547 111,309 114,972 48,575 70% SUPPLIES 10,240 3,260 2,820 7,420 28% PROFESSIONAL SERVICES 28,310 23,605 16,473 11,837 58% COMMUNICATIONS 50,000 21,849 21,421 28,580 43% TRAVEL 1,000 315 437 563 44% RENTAL/LEASE 64,305 36,941 45,270 19,035 70% REPAIRS & MAINTENANCE 31,080 30,422 25,133 5,947 81% MISCELLANEOUS 4,000 5,259 6,207 (2,207) 155% 697,748$ 478,264$ 503,247$ 194,501$ 72% FINANCE SALARIES 821,066$ 513,653$ 541,013$ 280,053$ 66% OVERTIME 4,500 - 146 4,354 3% BENEFITS 284,724 169,436 173,599 111,125 61% SUPPLIES 7,350 3,247 2,699 4,651 37% SMALL EQUIPMENT 5,400 1,612 3,831 1,569 71% PROFESSIONAL SERVICES 9,300 34,222 1,442 7,858 16% COMMUNICATIONS 2,000 1,396 897 1,103 45% TRAVEL 3,100 1,823 3,611 (511) 116% RENTAL/LEASE 48,146 23,286 36,560 11,586 76%REPAIR/MAINTENANCE 38,500 40,372 41,121 (2,621) 107%MISCELLANEOUS 13,700 2,965 3,502 10,198 26% 1,237,786$ 792,011$ 808,422$ 429,364$ 65% CITY ATTORNEY PROFESSIONAL SERVICES 847,480$ 598,879$ 598,314$ 249,166$ 71% 847,480$ 598,879$ 598,314$ 249,166$ 71% NON-DEPARTMENTAL BENEFITS - UNEMPLOYMENT -$ 811$ 8,709$ (8,709)$ 0% SUPPLIES 5,000 994 679 4,321 14% PROFESSIONAL SERVICES 717,430 368,035 328,411 389,019 46% EXCISE TAXES 6,500 3,912 4,446 2,054 68% RENTAL/LEASE 10,307 8,760 8,556 1,751 83% INSURANCE 624,530 616,495 437,253 187,277 70% MISCELLANEOUS 164,070 66,290 66,737 97,333 41% INTERGOVT SERVICES 9,776,340 7,441,960 7,664,892 2,111,448 78% ECA LOAN PAYMENT 695,000 - 441,873 253,127 64% INTERFUND SUBSIDIES 1,863,370 537,130 779,625 1,083,745 42% LAND 200,000 - 4,884 195,116 2% GENERAL OBLIGATION BOND 176,340 - - 176,340 0% INTEREST ON LONG-TERM DEBT 21,160 13,990 10,576 10,584 50% FISCAL AGENT FEES 500 222 - 500 0% 14,260,547$ 9,058,597$ 9,756,639$ 4,503,908$ 68% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 4.1.a Packet Pg. 19 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 15 Page 3 of 4 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 6,560,766$ 4,314,106$ 4,700,063$ 1,860,703$ 72% OVERTIME 463,280 343,236 464,111 (831) 100% HOLIDAY BUYBACK 243,389 4,413 7,135 236,254 3% BENEFITS 2,543,628 1,683,874 1,849,145 694,484 73% UNIFORMS 78,650 47,006 53,477 25,173 68% SUPPLIES 86,500 37,851 57,768 28,732 67% SMALL EQUIPMENT 28,610 17,214 40,218 (11,608) 141% PROFESSIONAL SERVICES 123,420 62,656 85,438 37,982 69% COMMUNICATIONS 32,000 29,442 27,278 4,722 85% TRAVEL 19,310 18,580 14,999 4,311 78% RENTAL/LEASE 984,878 626,270 734,823 250,055 75% REPAIR/MAINTENANCE 15,120 5,135 6,943 8,177 46% MISCELLANEOUS 46,350 28,044 40,281 6,069 87% INTERGOVTL SERVICES 10,550 8,078 5,385 5,165 51% MACHINERY/EQUIPMENT 57,900 91,135 59,284 (1,384) 102% 11,294,351$ 7,317,041$ 8,146,348$ 3,148,003$ 72% COMMUNITY SERVICES/ECON DEV. SALARIES 238,449$ 173,403$ 176,815$ 61,634$ 74% BENEFITS 76,571 54,019 55,647 20,924 73% SUPPLIES 7,000 7,212 6,416 584 92% SMALL EQUIPMENT 800 - 44 756 5% PROFESSIONAL SERVICES 240,400 133,043 156,767 83,633 65% COMMUNICATIONS 1,490 892 899 591 60% TRAVEL 2,000 1,048 746 1,254 37% RENTAL/LEASE 13,751 7,164 9,509 4,242 69% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 9,500 2,391 3,718 5,782 39% 590,461$ 379,173$ 410,560$ 179,901$ 70% DEVELOPMENT SERVICES/PLANNING SALARIES 1,623,298$ 1,106,577$ 1,106,226$ 517,072$ 68% OVERTIME 1,300 9,422 18,616 (17,316) 1432% BENEFITS 625,023 406,292 417,105 207,918 67% UNIFORMS 500 - - 500 0% SUPPLIES 16,100 9,249 8,041 8,059 50% SMALL EQUIPMENT 6,100 6,131 6,007 93 98% PROFESSIONAL SERVICES 789,960 276,899 324,955 465,005 41% COMMUNICATIONS 9,000 6,160 5,760 3,240 64% TRAVEL 4,750 4,738 3,135 1,615 66% RENTAL/LEASE 156,959 109,801 116,854 40,105 74% REPAIRS & MAINTENANCE 31,100 2,489 15 31,085 0% MISCELLANEOUS 54,060 20,531 21,192 32,868 39% 3,318,150$ 1,958,291$ 2,027,906$ 1,290,244$ 61% ENGINEERING SALARIES 1,661,359$ 1,066,468$ 1,086,189$ 575,170$ 65% OVERTIME 5,000 104 4,968 32 99% BENEFITS 710,496 445,290 446,043 264,453 63% UNIFORMS 360 - - 360 0% SMALL EQUIPMENT 2,200 3,383 3,645 (1,445) 166% PROFESSIONAL SERVICES 28,240 23,898 14,587 13,653 52% COMMUNICATIONS 16,625 9,691 9,723 6,902 58% TRAVEL 600 39 111 489 19% RENTAL/LEASE 120,624 67,240 88,496 32,129 73% REPAIR/MAINTENANCE 2,600 587 - 2,600 0% MISCELLANEOUS 52,677 10,759 43,450 9,227 82% 2,600,781$ 1,627,459$ 1,697,211$ 903,570$ 65% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 4.1.a Packet Pg. 20 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 16 Page 4 of 4 Title 2018 Amended Budget 9/30/2017 Expenditures 9/30/2018 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 2,048,165$ 1,413,572$ 1,424,140$ 624,025$ 70% OVERTIME 10,000 19,914 12,114 (2,114) 121% BENEFITS 847,782 560,937 540,761 307,021 64% UNIFORMS 6,275 3,249 2,811 3,464 45% SUPPLIES 125,390 103,320 108,086 17,304 86% SMALL EQUIPMENT 7,750 12,330 5,593 2,157 72% PROFESSIONAL SERVICES 595,160 343,895 323,473 271,687 54% COMMUNICATIONS 30,320 18,849 20,025 10,295 66% TRAVEL 4,870 4,668 1,614 3,256 33% RENTAL/LEASE 264,378 213,399 199,063 65,315 75% PUBLIC UTILITY 175,000 161,605 174,653 347 100% REPAIR/MAINTENANCE 29,700 23,374 7,493 22,207 25% MISCELLANEOUS 92,610 53,867 53,501 39,109 58% INTERGOVTL SERVICES 114,572 27,876 43,872 70,700 38% BUILDINGS 60,000 - - 60,000 0% MACHINERY/EQUIPMENT - - 20,875 (20,875) 0% 4,411,972$ 2,960,855$ 2,938,075$ 1,473,897$ 67% PUBLIC WORKS SALARIES 279,248$ 205,649$ 206,993$ 72,255$ 74% OVERTIME 200 - - 200 0% BENEFITS 92,055 65,556 75,010 17,045 81% SUPPLIES 8,600 3,510 2,818 5,782 33% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 200 76 71 129 36% COMMUNICATIONS 1,350 530 486 864 36% TRAVEL 500 - - 500 0% RENTAL/LEASE 122,195 69,457 90,751 31,444 74% PUBLIC UTILITY 2,800 1,935 2,010 790 72% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 4,900 274 290 4,610 6% 514,048$ 346,985$ 378,429$ 135,619$ 74% FACILITIES MAINTENANCE SALARIES 719,620 534,216 541,778 177,842 75% OVERTIME 7,500 7,128 4,806 2,694 64% BENEFITS 325,233 230,073 226,771 98,462 70% UNIFORMS 3,000 3,909 4,236 (1,236) 141% SUPPLIES 87,000 68,743 73,816 13,184 85% SMALL EQUIPMENT 3,000 1,345 1,470 1,530 49% PROFESSIONAL SERVICES 156,000 14,603 35,502 120,498 23% COMMUNICATIONS 16,000 13,005 12,721 3,279 80% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 68,310 45,202 49,756 18,554 73% PUBLIC UTILITY 280,000 217,669 221,897 58,103 79% REPAIR/MAINTENANCE 428,500 70,690 103,817 324,683 24% MISCELLANEOUS 5,000 3,129 34 4,966 1% BUILDINGS - - - - 0% 2,100,163$ 1,209,713$ 1,276,602$ 823,561$ 61% TOTAL GENERAL FUND EXPENDITURES 44,334,660$ 28,147,013$ 30,144,324$ 14,190,336$ 68% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 4.1.a Packet Pg. 21 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 17 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,987,736$ 1,987,736$ 2,195,035$ 10.43% February 4,780,064 2,792,328 4,464,993 -6.59% March 7,140,338 2,360,274 7,004,229 -1.91% April 10,849,567 3,709,230 9,270,240 -14.56% May 18,359,346 7,509,778 18,167,955 -1.04% June 20,430,442 2,071,096 21,117,777 3.36% July 22,471,701 2,041,259 23,448,404 4.35% August 24,804,374 2,332,674 26,213,586 5.68% September 26,845,572 2,041,198 28,584,102 6.48% October 29,646,753 2,801,181 31,566,689 6.48% November 37,298,673 7,651,920 39,714,150 6.48% December 39,484,055 2,185,382 42,041,058 6.48% Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 219,352$ 219,352$ 251,030$ 14.44% February 381,613 162,261 407,050 6.67% March 588,896 207,283 1,009,202 71.37% April 780,860 191,964 1,240,201 58.83% May 1,005,087 224,227 1,528,062 52.03% June 1,248,349 243,262 1,830,143 46.61% July 1,653,074 404,724 2,138,601 29.37% August 1,929,331 276,257 2,514,349 30.32% September 2,197,100 267,769 2,905,697 32.25% October 2,416,963 219,864 3,196,471 32.25% November 2,630,341 213,377 3,478,665 32.25% December 2,800,000 169,659 3,703,042 32.25% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Revenue Summary-General Fund 2018 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax 1 & 2 Current Year Budget Prior Year 4.1.a Packet Pg. 22 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 18 SALES TAX SUMMARY Wholesale Trade, $205,819 Communications, $180,210 Clothing and Accessories, $180,629 Accommodation, $32,117 Construction Trade, $1,307,266 Health & Personal Care, $176,536 Automotive Repair, $143,060 Amusement & Recreation, $66,276 Business Services, $558,720 Gasoline, $26,536 Retail Food Stores, $219,912 Retail Automotive, $1,297,494 Manufacturing, $77,411 Eating & Drinking, $752,955 Others, $49,597 Misc Retail, $867,346 Sales Tax Analysis By Category Current Period: September 2018 Year-to-Date Total $6,141,885 $5,325,287 $5,840,764 $6,741,838 $6,905,122 $7,395,114 $6,141,885 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 2013 2014 2015 2016 2017 YTD 2018 Annual Sales Tax Revenue 4.1.a Packet Pg. 23 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 19 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 552,482$ 552,482$ 585,948$ 6.06% February 1,249,207 696,725 1,321,958 5.82% March 1,777,304 528,097 1,886,310 6.13% April 2,272,493 495,189 2,452,585 7.92% May 2,906,618 634,125 3,194,085 9.89% June 3,468,607 561,989 3,866,411 11.47% July 4,058,559 589,952 4,614,605 13.70% August 4,707,320 648,761 5,410,151 14.93% September 5,334,689 627,369 6,141,885 15.13% October 5,989,537 654,848 6,895,818 15.13% November 6,670,224 680,687 7,679,501 15.13% December 7,275,000 604,776 8,375,786 15.13% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 88,482$ 88,482$ 97,973$ 10.73% February 187,698 99,217 187,404 -0.16% March 267,256 79,558 268,029 0.29% April 335,144 67,888 323,194 -3.57% May 387,986 52,843 383,162 -1.24% June 424,966 36,979 415,620 -2.20% July 453,766 28,800 442,776 -2.42% August 477,013 23,247 466,145 -2.28% September 498,430 21,418 487,993 -2.09% October 523,180 24,749 512,224 -2.09% November 561,415 38,235 549,659 -2.09% December 620,200 58,785 607,213 -2.09% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2018 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Current Year Budget Prior Year 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Current Year Budget Prior Year 4.1.a Packet Pg. 24 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 20 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 101,864$ 101,864$ 94,392$ -7.34% February 202,129 100,265 183,702 -9.12% March 294,029 91,900 265,638 -9.66% April 390,095 96,066 350,982 -10.03% May 478,713 88,617 430,977 -9.97% June 568,042 89,329 512,099 -9.85% July 652,808 84,766 592,511 -9.24% August 740,812 88,004 670,052 -9.55% September 832,244 91,432 748,849 -10.02% October 920,171 87,927 827,965 -10.02% November 1,003,763 83,592 903,181 -10.02% December 1,093,200 89,437 983,656 -10.02% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 171,906$ 171,906$ 169,967$ -1.13% February 353,028 181,122 380,238 7.71% March 518,242 165,214 535,565 3.34% April 683,645 165,403 714,751 4.55% May 824,846 141,201 864,247 4.78% June 940,385 115,539 989,943 5.27% July 1,050,933 110,549 1,098,482 4.52% August 1,157,071 106,138 1,213,435 4.87% September 1,262,180 105,109 1,328,348 5.24% October 1,372,403 110,223 1,444,350 5.24% November 1,490,337 117,934 1,568,466 5.24% December 1,611,600 121,263 1,696,086 5.24% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2018 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Current Year Budget Prior Year 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Current Year Budget Prior Year 4.1.a Packet Pg. 25 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 21 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 671,144$ 671,144$ 686,803$ 2.33% February 1,136,017 464,873 1,148,411 1.09% March 1,808,515 672,498 1,786,469 -1.22% April 2,250,797 442,282 2,228,766 -0.98% May 2,907,543 656,746 2,899,778 -0.27% June 3,420,955 513,413 3,395,518 -0.74% July 4,227,120 806,165 4,220,193 -0.16% August 4,933,718 706,598 4,933,652 0.00% September 5,902,426 968,708 5,914,461 0.20% October 6,565,192 662,766 6,578,579 0.20% November 7,332,394 767,202 7,347,346 0.20% December 7,804,500 472,106 7,820,414 0.20% Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 293,128$ 293,128$ 287,956$ -1.13% February 924,642 631,514 913,794 7.71% March 1,217,367 292,725 1,201,441 3.34% April 1,476,942 259,575 1,457,402 4.55% May 1,769,842 292,900 1,745,509 4.78% June 2,030,237 260,395 2,001,084 5.27% July 2,324,515 294,278 2,286,682 -1.63% August 2,956,345 631,830 2,911,729 -1.51% September 3,248,569 292,224 3,199,712 -1.50% October 3,508,364 259,794 3,455,600 -1.50% November 3,801,321 292,958 3,744,151 -1.50% December 4,061,395 260,074 4,000,314 -1.50% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2018 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Meter Water Sales Current Year Budget Prior Year 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year 4.1.a Packet Pg. 26 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 22 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 691,863$ 691,863$ 707,735$ 2.29% February 1,253,067 561,204 1,269,207 1.29% March 1,943,785 690,719 1,962,615 0.97% April 2,507,611 563,825 2,530,122 0.90% May 3,199,180 691,569 3,257,122 1.81% June 3,770,233 571,053 3,824,244 1.43% July 4,484,245 714,012 4,538,764 1.22% August 5,054,160 569,916 5,108,881 1.08% September 5,782,066 727,906 5,847,372 1.13% October 6,358,537 576,471 6,430,354 1.13% November 7,064,218 705,680 7,144,005 1.13% December 7,629,500 565,282 7,715,672 1.13% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2018 *The monthly budget forecast columns are based on a five-year average. 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Unmeter Sewer Sales Current Year Budget Prior Year 4.1.a Packet Pg. 27 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 23 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 5,436,298$ 5,436,298$ 4,000,420$ -26.41% February 7,967,688 2,531,391 7,074,254 -11.21% March 11,754,241 3,786,552 9,997,735 -14.94% April 15,713,351 3,959,110 13,366,102 -14.94% May 18,085,623 2,372,273 16,471,112 -8.93% June 21,982,527 3,896,904 20,515,429 -6.67% July 25,691,269 3,708,741 23,760,976 -7.51% August 29,708,087 4,016,818 26,305,714 -11.45% September 33,169,246 3,461,159 30,144,324 -9.12% October 36,032,535 2,863,289 32,746,491 -9.12% November 40,167,372 4,134,837 36,504,245 -9.12% December 44,334,660 4,167,288 40,291,491 -9.12% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 2,936,502$ 2,936,502$ 1,916,589$ -34.73% February 3,199,198 262,696 2,811,392 -12.12% March 4,637,183 1,437,985 3,588,829 -22.61% April 6,109,820 1,472,637 4,704,813 -23.00% May 6,254,049 144,228 5,479,175 -12.39% June 7,756,163 1,502,115 7,214,671 -6.98% July 8,909,705 1,153,542 8,153,117 -8.49% August 10,239,438 1,329,733 8,273,085 -19.20% September 11,222,490 983,052 9,756,639 -13.06% October 11,660,691 438,201 10,137,604 -13.06% November 13,002,819 1,342,128 11,304,427 -13.06% December 14,260,547 1,257,728 12,397,874 -13.06% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-General Fund 2018 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year 4.1.a Packet Pg. 28 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 24 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 39,156$ 39,156$ 20,137$ -48.57% February 81,707 42,551 43,001 -47.37% March 131,158 49,452 67,048 -48.88% April 177,465 46,306 93,044 -47.57% May 223,060 45,595 148,289 -33.52% June 282,118 59,058 211,018 -25.20% July 332,530 50,412 235,182 -29.27% August 383,904 51,375 309,376 -19.41% September 442,045 58,140 332,628 -24.75% October 480,175 38,130 361,320 -24.75% November 530,273 50,099 399,018 -24.75% December 580,919 50,646 437,127 -24.75% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 24,264$ 24,264$ 23,355$ -3.75% February 49,615 25,351 47,920 -3.42% March 74,439 24,823 71,633 -3.77% April 98,806 24,367 97,145 -1.68% May 123,154 24,348 120,989 -1.76% June 147,440 24,286 144,437 -2.04% July 172,527 25,087 168,565 -2.30% August 197,868 25,341 192,272 -2.83% September 222,303 24,435 218,015 -1.93% October 247,077 24,774 242,311 -1.93% November 271,327 24,250 266,093 -1.93% December 297,088 25,761 291,358 -1.93% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-City Council 2018 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Current Year Budget Prior Year 0.00 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Current Year Budget Prior Year 4.1.a Packet Pg. 29 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 25 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 36,684$ 36,684$ 36,984$ 0.82% February 77,607 40,923 73,258 -5.60% March 118,303 40,696 107,255 -9.34% April 153,693 35,390 140,435 -8.63% May 191,411 37,718 175,117 -8.51% June 229,956 38,546 205,285 -10.73% July 270,034 40,078 242,785 -10.09% August 308,510 38,475 279,002 -9.56% September 345,878 37,368 314,056 -9.20% October 385,381 39,503 349,925 -9.20% November 421,760 36,379 382,957 -9.20% December 477,314 55,554 433,400 -9.20% Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 82,608$ 82,608$ 80,036$ -3.11% February 175,964 93,357 159,028 -9.62% March 269,619 93,655 241,304 -10.50% April 356,946 87,327 326,606 -8.50% May 446,138 89,192 413,053 -7.42% June 534,494 88,356 492,913 -7.78% July 623,552 89,059 570,967 -8.43% August 718,039 94,486 663,923 -7.54% September 811,352 93,313 737,873 -9.06% October 908,794 97,442 826,490 -9.06% November 1,003,801 95,007 912,893 -9.06% December 1,105,852 102,051 1,005,702 -9.06% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2018 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year 4.1.a Packet Pg. 30 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 26 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 35,508$ 35,508$ 43,517$ 22.56% February 78,575 43,067 85,170 8.39% March 122,808 44,233 137,596 12.04% April 183,062 60,254 179,612 -1.88% May 221,918 38,856 227,250 2.40% June 264,589 42,671 269,991 2.04% July 310,671 46,082 315,110 1.43% August 361,283 50,612 372,264 3.04% September 410,573 49,289 410,560 0.00% October 462,272 51,699 462,258 0.00% November 518,901 56,629 518,885 0.00% December 590,461 71,560 590,443 0.00% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 61,917$ 61,917$ 61,232$ -1.11% February 118,102 56,185 116,550 -1.31% March 174,765 56,663 172,403 -1.35% April 233,347 58,582 222,183 -4.78% May 287,099 53,752 277,663 -3.29% June 339,462 52,363 329,209 -3.02% July 395,577 56,115 380,418 -3.83% August 454,007 58,430 464,996 2.42% September 510,652 56,645 503,247 -1.45% October 579,368 68,715 570,966 -1.45% November 638,746 59,378 629,483 -1.45% December 697,748 59,002 687,630 -1.45% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2018 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year 4.1.a Packet Pg. 31 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 27 Technology Rental Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 143,632$ 143,632$ 144,135$ 0.35% February 300,838 157,206 204,078 -32.16% March 388,705 87,867 293,273 -24.55% April 473,229 84,524 351,042 -25.82% May 541,119 67,890 487,412 -9.93% June 613,434 72,315 615,817 0.39% July 720,259 106,826 663,312 -7.91% August 840,735 120,476 725,215 -13.74% September 955,896 115,161 814,841 -14.76% October 1,040,611 84,714 887,054 -14.76% November 1,136,112 95,501 968,463 -14.76% December 1,335,413 199,301 1,138,355 -14.76% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 124,798$ 124,798$ 125,728$ 0.75% February 223,504 98,706 210,861 -5.66% March 319,397 95,892 296,541 -7.16% April 425,251 105,855 383,670 -9.78% May 523,182 97,931 467,718 -10.60% June 620,315 97,133 552,805 -10.88% July 716,459 96,144 637,823 -10.98% August 814,575 98,117 722,494 -11.30% September 925,150 110,574 808,422 -12.62% October 1,031,905 106,755 901,707 -12.62% November 1,131,680 99,774 988,893 -12.62% December 1,237,786 106,106 1,081,612 -12.62% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-Technology Rental Fund 2018 City of Edmonds, WA Monthly Expenditure Report-Finance Prior Year amounts are from the Information Services Budget 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Technology Rental Fund Current Year Budget Prior Year 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year 4.1.a Packet Pg. 32 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 28 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 70,623$ 70,623$ 46,119$ -34.70% February 141,247 70,623 136,648 -3.26% March 211,870 70,623 182,768 -13.74% April 282,493 70,623 252,179 -10.73% May 353,117 70,623 342,708 -2.95% June 423,740 70,623 411,032 -3.00% July 494,363 70,623 483,871 -2.12% August 564,986 70,623 552,195 -2.26% September 635,610 70,623 598,314 -5.87% October 706,233 70,623 664,794 -5.87% November 776,856 70,623 731,273 -5.87% December 847,480 70,623 797,752 -5.87% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 889,068$ 889,068$ 871,900$ -1.93% February 1,784,246 895,177 1,788,816 0.26% March 2,672,941 888,695 2,677,649 0.18% April 3,565,257 892,316 3,581,604 0.46% May 4,451,291 886,034 4,507,241 1.26% June 5,370,025 918,734 5,475,264 1.96% July 6,283,947 913,922 6,356,315 1.15% August 7,183,331 899,385 7,232,795 0.69% September 8,094,615 911,283 8,146,348 0.64% October 9,104,818 1,010,204 9,163,008 0.64% November 10,340,935 1,236,117 10,407,026 0.64% December 11,294,351 953,416 11,366,535 0.64% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2018 City of Edmonds, WA Monthly Expenditure Report-Police 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 11,000,000 12,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Current Year Budget Prior Year 4.1.a Packet Pg. 33 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 29 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 242,480$ 242,480$ 175,855$ -27.48% February 503,145 260,664 378,818 -24.71% March 782,715 279,570 591,734 -24.40% April 1,035,937 253,221 817,737 -21.06% May 1,313,615 277,679 1,046,070 -20.37% June 1,575,680 262,064 1,273,975 -19.15% July 1,845,523 269,844 1,515,745 -17.87% August 2,139,905 294,382 1,740,882 -18.65% September 2,409,284 269,379 2,027,906 -15.83% October 2,702,050 292,765 2,274,328 -15.83% November 3,005,916 303,866 2,530,093 -15.83% December 3,318,150 312,234 2,792,902 -15.83% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 293,333$ 293,333$ 258,749$ -11.79% February 599,800 306,468 530,383 -11.57% March 926,080 326,279 815,736 -11.92% April 1,249,317 323,237 1,159,777 -7.17% May 1,601,878 352,560 1,462,933 -8.67% June 1,953,226 351,348 1,773,743 -9.19% July 2,434,795 481,570 2,146,804 -11.83% August 2,983,135 548,340 2,536,505 -14.97% September 3,365,079 381,944 2,938,075 -12.69% October 3,703,882 338,803 3,233,886 -12.69% November 4,009,836 305,954 3,501,017 -12.69% December 4,411,972 402,136 3,852,124 -12.69% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-Development Services 2018 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year 4.1.a Packet Pg. 34 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 30 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 42,035$ 42,035$ 42,488$ 1.08% February 85,654 43,620 84,736 -1.07% March 128,689 43,035 126,826 -1.45% April 171,578 42,889 168,659 -1.70% May 214,645 43,067 210,364 -1.99% June 257,701 43,056 251,929 -2.24% July 301,222 43,521 294,549 -2.22% August 343,666 42,444 336,142 -2.19% September 384,825 41,159 378,429 -1.66% October 426,961 42,136 419,865 -1.66% November 469,006 42,045 461,211 -1.66% December 514,048 45,042 505,505 -1.66% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 164,689$ 164,689$ 133,250$ -19.09% February 332,420 167,731 273,490 -17.73% March 509,854 177,434 416,025 -18.40% April 679,027 169,173 558,614 -17.73% May 851,467 172,439 704,933 -17.21% June 1,002,627 151,161 829,817 -17.24% July 1,200,111 197,483 979,062 -18.42% August 1,359,814 159,704 1,136,010 -16.46% September 1,542,717 182,903 1,276,602 -17.25% October 1,711,435 168,718 1,416,216 -17.25% November 1,898,800 187,365 1,571,261 -17.25% December 2,100,163 201,363 1,737,890 -17.25% *The monthly budget forecast columns are based on a five-year average. 2018 City of Edmonds, WA Monthly Expenditure Report-Public Works 2018 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Current Year Budget Prior Year 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 2,200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year 4.1.a Packet Pg. 35 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 31 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 200,507$ 200,507$ 164,481$ -17.97% February 398,504 197,996 334,182 -16.14% March 613,516 215,012 504,388 -17.79% April 833,268 219,752 680,024 -18.39% May 1,042,728 209,460 887,608 -14.88% June 1,264,837 222,109 1,079,339 -14.67% July 1,477,294 212,457 1,280,665 -13.31% August 1,702,007 224,713 1,493,771 -12.23% September 1,918,545 216,538 1,697,211 -11.54% October 2,140,781 222,236 1,893,808 -11.54% November 2,357,334 216,553 2,085,378 -11.54% December 2,600,781 243,447 2,300,740 -11.54% *The monthly budget forecast columns are based on a five-year average. City of Edmonds, WA Monthly Expenditure Report-Engineering 2018 0 300,000 600,000 900,000 1,200,000 1,500,000 1,800,000 2,100,000 2,400,000 2,700,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Current Year Budget Prior Year 4.1.a Packet Pg. 36 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 32 INVESTMENT PORTFOLIO SUMMARY Years Agency/Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FFCB Bonds 2,010,790 0.24 2,000,000 1,994,834 12/28/18 1.42% First Financial CD 3,000,000 0.32 3,000,000 3,000,000 01/24/19 2.34% FFCB Bonds 2,000,000 0.32 2,000,000 1,992,934 01/25/19 1.23% FICO Bonds 1,009,725 0.57 1,035,000 1,021,610 04/25/19 1.42% SCIP CD 2,500,000 0.68 2,500,000 2,500,000 06/04/19 2.65% FNMA Bonds 999,750 0.70 1,000,000 992,123 06/13/19 1.40% FHLB Bonds 1,000,400 0.72 1,000,000 991,792 06/20/19 1.40% FNMA Bonds 988,720 0.99 1,000,000 989,025 09/27/19 1.50% FHLMC Bonds 995,970 1.01 1,000,000 986,068 10/02/19 1.25% FNMA Bonds 1,994,310 1.08 2,000,000 1,969,258 10/28/19 1.35% FNMA Bonds 997,300 1.50 1,000,000 977,653 03/30/20 1.38% FHLB Bonds 2,003,780 1.50 2,000,000 1,960,352 03/30/20 1.45% FNMA Bonds 2,000,000 1.50 2,000,000 1,967,702 03/30/20 1.65% FHLMC Bonds 2,003,868 1.58 2,000,000 1,955,352 04/28/20 1.35% FNMA Bonds 1,000,000 1.75 1,000,000 975,807 06/30/20 1.38% FNMA Bonds 1,000,000 1.75 1,000,000 975,807 06/30/20 1.38% FHLB Bonds 3,000,000 1.79 3,000,000 2,914,077 07/13/20 1.20% RFCS Bonds 1,999,698 1.79 2,120,000 2,013,618 07/15/20 1.60% FHLB Bonds 2,000,000 1.83 2,000,000 1,960,730 07/30/20 1.75% FNMA Bonds 1,000,000 1.91 1,000,000 971,803 08/28/20 1.40% FNMA Bonds 1,000,000 1.91 1,000,000 971,803 08/28/20 1.40% FHLMC Bonds 999,500 2.25 1,000,000 974,949 12/30/20 1.75% FNMA Bonds 2,005,474 2.31 2,000,000 1,939,462 01/19/21 1.50% FM Bonds 2,000,000 2.50 2,000,000 1,953,198 04/01/21 1.87% FHLB Bonds 2,000,000 2.73 2,000,000 1,956,174 06/22/21 2.18% FFCB Bonds 968,940 2.96 1,000,000 965,790 09/13/21 1.73% FHLMC Bonds 2,000,000 3.16 2,000,000 1,942,464 11/26/21 2.13% FHLMC Bonds 999,400 3.25 1,000,000 966,603 12/30/21 2.00% FHLMC Bonds 1,000,000 3.41 1,000,000 970,269 02/25/22 2.15% TOTAL SECURITIES 46,477,626 1.7 46,655,000 45,751,258 Washington State Local Gov't Investment Pool 8,864,127 8,864,127 Demand 2.06% Snohomish County Local Gov't Investment Pool 6,450,996 6,450,996 Demand 1.85% TOTAL PORTFOLIO 61,970,123$ 61,066,381$ As of September 30, 2018 City of Edmonds Investment Portfolio Detail SCIP -CD, 5% First Financial - CD, 6% RFCS, 5% FHLMC, 17% FFCB, 11% FICO, 2% FHLB, 21%FM, 4% FNMA, 28% Issuer Diversification Checking, $1.1 , 2%State LGIP, $8.9 , 14% County LGIP, $6.5 , 10% CD's, $5.5 , 9% Bonds, $41.2 , 65% Cash and Investment Balances (in $ Millions) 4.1.a Packet Pg. 37 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 33 INVESTMENT PORTFOLIO SUMMARY $74,830 $163,214 $335,926 $423,816 $653,690 $657,528 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2013 2014 2015 2016 2017 YTD 2018 Annual Interest Income 0.0% 0.3%0.5%0.8%1.0%1.3%1.5%1.8%2.0% 2.3% 2.5% October December February April June August Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) 6 Month Treasury Rate (Benchmark)City Blended Rate 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 0-6 Mo 6-12 Mo 12-18 Mo 18-24 Mo 24-30 Mo 30-36 Mo 36-42 Mo Maturity Distribution and Rate of Return 4.1.a Packet Pg. 38 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 34 GENERAL FUND OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD 001-General Fund 10,273,342$ 10,875,690$ 8,713,120$ (2,162,570)$ (1,560,222)$ 009-Leoff-Medical Ins. Reserve 417,154 359,615 270,551 (89,064) (146,603) 011-Risk Management Fund 902,700 913,902 919,656 5,754 16,956 012-Contingency Reserve Fund *5,447,144 5,465,041 5,039,559 (425,482) (407,585) 014-Historic Preservation Gift Fund 7,356 9,951 10,013 63 2,657 016-Building Maintenance 210,221 210,221 210,221 - - 017 - Marsh Restoration & Preservation - 306,850 306,860 10 306,860 018 - Edmonds Homelessness Response - 250,000 250,000 - 250,000 019 - Edmonds Opioid Response - 250,000 250,000 - 250,000 Total General Fund & Subfunds 17,257,917$ 18,641,270$ 15,969,981$ (2,671,289)$ (1,287,936)$ GENERAL FUND & SUBFUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- *Fund 012 made interfund loans to fund 104 for $16,680 and to fund 112 for $442,866 in 2018. $17.26 $18.64 $15.97 - 4 8 12 16 20 24 Dec 2017 June 2018 Sept 2018MillionsGeneralFund & Subfunds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 39 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 35 GOVERNMENTAL FUNDS OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD General Fund & Subfunds 17,257,917$ 18,641,270$ 15,969,981$ (2,671,289)$ (1,287,936)$ Special Revenue 8,273,865 9,828,515 10,512,975 684,460 2,239,110 Debt Service 3,812 3,812 3,812 - - Capital Projects 1,544,084 1,910,156 2,145,975 235,820 601,891 Total Governmental Funds 27,079,678$ 30,383,753$ 28,632,743$ (1,751,010)$ 1,553,065$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $17.26 $18.64 $15.97 $8.27 $9.83 $10.51 $0.00 $0.00 $0.00 $1.54 $1.91 $2.15 - 4 8 12 16 20 Dec 2017 June 2018 Sept 2018Millions General Fund & Subfunds Special Revenue Debt Service Capital Projects Governmental Fund Balances-By Fund GroupGovernmentalFund Balances-By Fund Group $27.08 $30.38 $28.63 - 5 10 15 20 25 30 35 Dec 2017 June 2018 Sept 2018MillionsGovernmentalFund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 40 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 36 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD 104 - Drug Enforcement Fund *692$ (9,866)$ (12,987)$ (3,121)$ (13,679)$ 111 - Street Fund 1,102,078 986,820 1,021,168 34,348 (80,910) 112 - Combined Street Const/Improve *728,782 1,162,003 1,386,405 224,403 657,623 117 - Municipal Arts Acquis. Fund 533,208 543,112 576,297 33,185 43,089 118 - Memorial Street Tree 18,349 18,574 18,690 116 341 120 - Hotel/Motel Tax Revenue Fund 82,355 92,613 114,900 22,287 32,545 121 - Employee Parking Permit Fund 69,294 80,636 82,501 1,865 13,207 122 - Youth Scholarship Fund 15,348 14,657 14,138 (519) (1,210) 123 - Tourism Promotional Fund/Arts 59,886 70,755 78,471 7,716 18,585 125 - Real Estate Tax 2 1,901,003 2,375,978 2,529,007 153,029 628,004 126 - Real Estate Excise Tax 1 2,165,209 2,817,776 2,991,672 173,896 826,463 127 - Gifts Catalog Fund 265,666 301,924 314,165 12,241 48,499 130 - Cemetery Maintenance/Improvement 188,885 192,306 209,330 17,024 20,445 136 - Parks Trust Fund 155,907 157,842 158,836 994 2,929 137 - Cemetery Maintenance Trust Fund 938,109 958,680 971,862 13,182 33,753 138 - Sister City Commission 7,598 12,313 12,390 77 4,792 140 - Business Improvement Disrict 41,496 52,393 46,130 (6,263) 4,634 Total Special Revenue 8,273,865$ 9,828,515$ 10,512,975$ 684,460$ 2,239,110$ GOVERNMENTAL SPECIAL REVENUE FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- *Fund 012 made interfund loans to fund 104 for $16,680 and to fund 112 for $442.866 in 2018. $8.27 $9.83 $10.51 - 3 6 9 12 15 Dec 2017 June 2018 Sept 2018Millions Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 41 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 37 ENTERPRISE FUNDS OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD 421 - Water Utility Fund 19,153,889$ 18,561,330$ 18,631,938$ 70,608$ (521,951)$ 422 - Storm Utility Fund 10,990,767 11,596,209 12,086,425 490,217 1,095,658 423 - Sewer/WWTP Utility Fund 44,666,806 45,940,706 45,766,959 (173,747) 1,100,153 424 - Bond Reserve Fund 843,960 843,964 843,966 2 6 411 - Combined Utility Operation - 72,418 113,814 41,396 113,814 Total Enterprise Funds 75,655,422$ 77,014,626$ 77,443,101$ 428,475$ 1,787,679$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $113,814 $18,631,938 $12,086,425 $45,766,959 $843,966 $219,144 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 50,000,000 55,000,000 Combined Utility Water Storm Sewer/WWTP Bond Reserve Firemen's Pension Fund Enterprise and Agency Fund Balances as of September 30, 2018 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 42 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 38 SUMMARY OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD Governmental Funds 27,079,678$ 30,383,753$ 28,632,743$ (1,751,010)$ 1,553,065$ Enterprise Funds 75,655,422 77,014,626 77,443,101 428,475 1,787,679 Internal Services Fund 9,250,186 9,484,501 9,802,534 318,033 552,348 Agency Funds 226,480 236,045 219,144 (16,902) (7,337) Total City-wide Total 112,211,766$ 117,118,925$ 116,097,522$ (1,021,403)$ 3,885,756$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $2,145,975 $3,812 $46,130 $12,390 $971,862 $158,836 $209,330 $314,165 $2,991,672 $2,529,007 $78,471 $14,138 $82,501 $114,900 $18,690 $576,297 $1,386,405 $1,021,168 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 Parks Capital Construction Fund L.I.D. Fund Control Business Improvement District Sister City Commission Cemetery Maintenance Trust Fund Parks Trust Fund Cemetery Maintenance/Improvement Gifts Catalog Fund Real Estate Excise Tax 1, Parks Acq Real Estate Excise Tax 2 Tourism Promotional Fund/Arts Youth Scholarship Fund Employee Parking Permit Fund Hotel/Motel Tax Revenue Fund Memorial Street Fund Municipal Arts Acquis. Fund Combined Street Const/Improve Fund Street Fund Drug Enforcement Fund $ (12,987) Governmental Fund Balances (Excluding General Fund) as of September 30, 2018 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 43 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) 39 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2017 6/30/2018 9/30/2018 Q3 YTD 511 - Equipment Rental Fund 8,996,077$ 9,209,823$ 9,408,259$ 198,436$ 412,182$ 512 - Technology Rental Fund 254,109 274,678 394,275 119,597 140,166 Total Internal Service Funds 9,250,186$ 9,484,501$ 9,802,534$ 318,033$ 552,348$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $8,996,077 $9,209,823 $9,408,259 $254,109 $274,678 $394,275 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Dec 2017 June 2018 Sept 2018 511 - Equipment Rental Fund 512 - Technology Rental Fund Internal Service Fund Balances *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 4.1.a Packet Pg. 44 Attachment: Complete September 2018 Quarterly Financial Report (September 2018 Quarterly Financial Report) City Council Agenda Item Meeting Date: 11/27/2018 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #234166 through #234243 dated November 21, 2018 for $505,561.79 and wire payment of $2,926.40. Approval of payroll direct deposit and checks #63576 through #63583 for $559,430.20, benefit checks #63584 through #63588 and wire payments of $596,152.18 for the pay period November 1, 2018 through November 15, 2018. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Attachments: claims 11-21-18 wire 11-21-18 FrequentlyUsedProjNumbers 11-21-18 payroll summary 11-20-18 payroll benefits 11-20-18 4.2 Packet Pg. 45 11/21/2018Voucher ListCity of Edmonds110:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23416611/21/2018065052 AARD PEST CONTROL 16231MEADOWDALE CC PEST CONTROL CUST 1-23276MEADOWDALE CC PEST CONTROL CUST 1-23276001.000.64.576.80.41.00 80.0010.3% Sales Tax001.000.64.576.80.41.00 8.24Total :88.2423416711/21/2018000850 ALDERWOOD WATER DISTRICT 10363MONTHLY WHOLESALE WATER CHARGESMONTHLY WHOLESALE WATER CHARGES421.000.74.534.80.33.00 138,190.90Total :138,190.9023416811/21/2018071634 ALLSTREAM 15707419C/A 768328PR1-1 & 2 City Phone Service512.000.31.518.88.42.00 959.16001.000.61.558.70.42.00 10.30Econ Devlpmnt Toll free lines001.000.61.558.70.42.00 10.30Total :979.7623416911/21/2018064246 ALS LABORATORY GROUP 32-EV18100182-0STORM - VACTOR GRIT - ANALYTICALStorm - Vactor Grit - Analytical422.000.72.531.40.41.00 834.00Total :834.0023417011/21/2018069751 ARAMARK UNIFORM SERVICES 1990960428FACILITIES DIVISION UNIFORMSFACILITIES DIVISION UNIFORMS001.000.66.518.30.24.00 27.3110.3% Sales Tax001.000.66.518.30.24.00 2.81FACILITIES DIVISION UNIFORMS1990970657FACILITIES DIVISION UNIFORMS001.000.66.518.30.24.00 27.3110.3% Sales Tax1Page:4.2.aPacket Pg. 46Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds210:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23417011/21/2018(Continued)069751 ARAMARK UNIFORM SERVICES001.000.66.518.30.24.00 2.81PARKS MAINT UNIFORM SERVICE1990980836PARKS MAINT UNIFORM SERVICE001.000.64.576.80.24.00 51.5510.3% Sales Tax001.000.64.576.80.24.00 5.31Total :117.1023417111/21/2018071124 ASSOCIATED PETROLEUM 1334882-INWWTP:11/6/18 DIESEL FUEL11/6/18 ULSD #2 DYED - BULK fuel423.000.76.535.80.32.00 969.8010.3% Sales Tax423.000.76.535.80.32.00 99.90Total :1,069.7023417211/21/2018001801 AUTOMATIC WILBERT VAULT CO 57213ROUGH BOX - HOPPERROUGH BOX - HOPPER130.000.64.536.20.34.00 493.00Total :493.0023417311/21/2018075217 BASLER, ANTHONY 32778SPANISH INTERPRETER COURT 11/14/2018SPANISH INTERPRETER COURT 11/14/2018001.000.23.512.50.41.01 106.10Total :106.1023417411/21/2018074307 BLUE STAR GAS 12821FLEET AUTO PROPANE 483.8 GALFleet Auto Propane 483.8 Gal511.000.77.548.68.34.12 892.47FLEET AUTO PROPANE 569.2 GAL12832Fleet Auto Propane 569.2 Gal511.000.77.548.68.34.12 1,042.46FLEET AUTO PROPANE 483.1 GAL9467Fleet Auto Propane 483.1 Gal511.000.77.548.68.34.12 893.12Total :2,828.052Page:4.2.aPacket Pg. 47Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds310:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23417511/21/2018073760 BLUELINE GROUP LLC 15903E5KA/E6GC.SERVICES THRU OCTOBER 2018E5KA.Services thru October 2018421.000.74.594.34.65.41 8,983.76E6GC.Services thru October 2018423.000.75.594.35.65.41 21,277.50E7JA.SERVICES THRU OCTOBER 201815910E7JA.Services thru October 2018421.000.74.594.34.65.41 1,779.75Total :32,041.0123417611/21/2018074169 BOROFKA, LINDA 2001430.009 REFUND: BIRD CLASSREFUND: BIRD CLASS001.000.239.200 10.00Total :10.0023417711/21/2018072005 BROCKMANN, KERRY 6883 6894 YOGA CLASS6883 6894 YOGA CLASS INSTRUCTION6883 YOGA MON W/ KERRY CLASS INSTRUCTION001.000.64.571.27.41.00 808.506894 YOGA TH W/ KERRY CLASS INSTRUCTION001.000.64.571.27.41.00 562.106897 6887 YOGA GENTLE & YOGA MON CLASS I6897 6887 YOGA CLASS6897 YOGA GENTLE MON CLASS INSTRUCTION001.000.64.571.27.41.00 623.706887 YOGA MON W/ KERRY CLASS INSTRUCTION001.000.64.571.27.41.00 315.70Total :2,310.0023417811/21/2018066578 BROWN AND CALDWELL 14328722WWTP: 8/24-9/27/18 TO 2.2018 8/24-9/27/18 TO 2.2018423.000.76.535.80.41.00 2,182.00Total :2,182.0023417911/21/2018076240 CADMAN MATERIALS INC 5562398ROADWAY - ASPHALTRoadway - Asphalt111.000.68.542.31.31.00 274.75Fuel Surcharge3Page:4.2.aPacket Pg. 48Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds410:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23417911/21/2018(Continued)076240 CADMAN MATERIALS INC111.000.68.542.31.31.00 14.0010.0% Sales Tax111.000.68.542.31.31.00 28.88ROADWAY - ASPHALT5562784Roadway - Asphalt111.000.68.542.31.31.00 249.1510.0% Sales Tax111.000.68.542.31.31.00 24.92ROADWAY - ASPHALT5563198Roadway - Asphalt111.000.68.542.31.31.00 552.5010.0% Sales Tax111.000.68.542.31.31.00 55.25Total :1,199.4523418011/21/2018018495 CALPORTLAND COMPANY 93934934PM SUPPLIES: CONCRETE MIXPM SUPPLIES: CONCRETE MIX001.000.64.576.80.31.00 148.4810.0% Sales Tax001.000.64.576.80.31.00 14.85Total :163.3323418111/21/2018061966 CAMP FIRE BOYS & GIRLS 6817 BABYSITTING6817 BABYSITTING BASICS CLASS INSTRUCTIO6817 BABYSITTING BASICS CLASS001.000.64.571.22.41.00 250.00Total :250.0023418211/21/2018073029 CANON FINANCIAL SERVICES 19436133INV#19436133 - EDMONDS PDIR3325 COPIER RENT 11/01-11/30/2018001.000.41.521.10.45.00 60.70IR6255 COPIER RENT 11/01-11/30/2018001.000.41.521.10.45.00 151.87B/W METER USAGE 10/01-10/31/2018001.000.41.521.10.45.00 41.06COLOR METER USAGE 10/01-10/31/20184Page:4.2.aPacket Pg. 49Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds510:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23418211/21/2018(Continued)073029 CANON FINANCIAL SERVICES001.000.41.521.10.45.00 164.81IR5240 COPIER RENT 11/01-11/30/2018001.000.41.521.10.45.00 160.00B/W METER USAGE 10/01-10/31/2018001.000.41.521.10.45.00 21.10COLOR METER USAGE 10/01-10/31/2018001.000.41.521.10.45.00 40.9510.3% Sales Tax001.000.41.521.10.45.00 65.97C/A 572105 CONTRACT# 3091/0521419436135Finance dept copier contract charge001.000.31.514.23.45.00 209.61B&W Meter usage IRC5250001.000.31.514.23.45.00 36.59Color Meter usage IRC5250001.000.31.514.23.45.00 64.1010.3% Sales Tax001.000.31.514.23.45.00 31.97CITY CLERKS COPIER LEASE 11/01/18 - 11/319436136CITY CLERKS COPIER LEASE 11/01/18 -001.000.25.514.30.45.00 856.18PARKS & REC C5250 COPIER CONTRACT 001-0519436137PARKS & REC C5250 COPIER CONTRACT001.000.64.571.21.45.00 516.38CANON 525019436138Contract charge November 2018001.000.22.518.10.45.00 188.65BW meter usage October 2018001.000.22.518.10.45.00 18.86BW meter usage October 2018001.000.61.557.20.45.00 1.05BW meter usage October 2018001.000.21.513.10.45.00 1.04CLR meter usage October 20185Page:4.2.aPacket Pg. 50Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds610:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23418211/21/2018(Continued)073029 CANON FINANCIAL SERVICES001.000.22.518.10.45.00 152.42CLR meter usage October 2018001.000.61.557.20.45.00 8.47CLR meter usage October 2018001.000.21.513.10.45.00 8.4610.3% Sales Tax001.000.22.518.10.45.00 37.06Contract charge November 2018001.000.61.557.20.45.00 10.4810.3% Sales Tax001.000.61.557.20.45.00 2.06Contract charge November 2018001.000.21.513.10.45.00 10.4810.3% Sales Tax001.000.21.513.10.45.00 2.06CANON 250IF19436140Contract charge November 2018001.000.21.513.10.45.00 26.44BW meter usage October 2018001.000.21.513.10.45.00 2.99CLR meter usage October 2018001.000.21.513.10.45.00 26.1710.3% Sales Tax001.000.21.513.10.45.00 5.73CONTRACT/METER COPIER-BLDG19436141Contract/meter copier-bldg001.000.62.524.10.45.00 39.28CONTRACT/METER COPIER-PLANNING19436142Contract/Meter copier-planning001.000.62.524.10.45.00 52.07P&R PRINTER IRC250IF CONTRACT 001-05721019436143P&R PRINTER IRC250IF CONTRACT001.000.64.571.21.45.00 102.43PARKS IRC250IF COPIER CONTRACT 001-05721194361446Page:4.2.aPacket Pg. 51Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds710:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23418211/21/2018(Continued)073029 CANON FINANCIAL SERVICESPARKS IRC250IF COPIER CONTRACT001.000.64.576.80.45.00 83.65FLEET COPIER19436145Fleet Copier511.000.77.548.68.45.00 45.2810.3% Sales Tax511.000.77.548.68.45.00 4.67RECEPTION DESK CITY CLERKS COPIER LEASE19436146RECEPTION DESK CITY CLERKS COPIER LEASE001.000.25.514.30.45.00 33.26INV#19436148 - EDMONDS PD19436148IRC5550 COPIER RENT 11/01-11/30/2018001.000.41.521.10.45.00 185.74B/W METER USAGE 10/01-10/31/2018001.000.41.521.10.45.00 36.60COLOR METER USAGE 10/01-10/31/2018001.000.41.521.10.45.00 244.3510.3% Sales Tax001.000.41.521.10.45.00 48.06WATER SEWER COPIER19436149Water Sewer Copier421.000.74.534.80.45.00 76.74Water Sewer Copier423.000.75.535.80.45.00 76.7310.3% Sales Tax421.000.74.534.80.45.00 7.9110.3% Sales Tax423.000.75.535.80.45.00 7.90PW ADMIN COPIER19436150PW Office Copier for001.000.65.518.20.45.00 91.50PW Office Copier for111.000.68.542.90.45.00 51.85PW Office Copier for7Page:4.2.aPacket Pg. 52Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds810:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23418211/21/2018(Continued)073029 CANON FINANCIAL SERVICES422.000.72.531.90.45.00 51.85PW Office Copier for421.000.74.534.80.45.00 36.60PW Office Copier for423.000.75.535.80.45.00 36.60PW Office Copier for511.000.77.548.68.45.00 36.5910.3% Sales Tax001.000.65.518.20.45.00 9.4210.3% Sales Tax111.000.68.542.90.45.00 5.3410.3% Sales Tax422.000.72.531.90.45.00 5.3410.3% Sales Tax421.000.74.534.80.45.00 3.7710.3% Sales Tax423.000.75.535.80.45.00 3.7710.3% Sales Tax511.000.77.548.68.45.00 3.77INV#19436151 - EDMONDS PD19436151CONTRACT CHARGE - FAX BOARD -001.000.41.521.10.45.00 36.0210.3% Sales Tax001.000.41.521.10.45.00 3.71ENG COPIER NOVEMBER 201819440049Eng Copier November 2018001.000.67.518.21.45.00 544.49CONTRACT/METER COPIER-DEV SVCS19440050Contract/meter copier-Dev Svcs001.000.62.524.10.45.00 756.40Total :5,645.4023418311/21/2018071816 CARLSON, JESSICA 6803 ART CLASS6803 CUSTOM ART HOLIDAY CARDS INSTRUCTIO6803 CUSTOM ART HOLIDAY CARDS001.000.64.571.22.41.00 36.008Page:4.2.aPacket Pg. 53Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds910:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount(Continued)Total :36.0023418311/21/2018071816 071816 CARLSON, JESSICA23418411/21/2018003510 CENTRAL WELDING SUPPLY RN10181005SPRAY PARK CARBON DIOXIDE, YOST POOLSPRAY PARK CARBON DIOXIDE, YOST POOL001.000.64.576.80.45.00 66.77HELIUMRN10181007HELIUM001.000.64.576.80.45.00 16.0010.3% Sales Tax001.000.64.576.80.45.00 1.65Total :84.4223418511/21/2018065682 CHS ENGINEERS LLC 451601-1801E5HA.SERVICES THRU OCTOBER 2018E5HA.Services thru October 2018423.100.76.594.39.65.41 494.00E6GB.SERVICES THRU AUGUST 2018451601-1808E6GB.Services thru August 2018423.000.75.594.35.65.41 4,974.18E6GB.SERVICES THRU OCTOBER 2018451601-1810E6GB.Services thru October 2018423.000.75.594.35.65.41 9,978.76Total :15,446.9423418611/21/2018035160 CITY OF SEATTLE 9056920000WWTP: 9/6-11-6-18 FLOWMETER 879026: 22039/6-11-6-18 FLOW METER #879026 @ 2203 N423.000.76.535.80.47.62 19.52Total :19.5223418711/21/2018073292 COBURN, KAI 11/15 GYM ATTENDANT11/15/18 VOLLEYBALL GYM ATTENDANT11/15/18 VOLLEYBALL GYM ATTENDANT001.000.64.571.25.41.00 34.50Total :34.5023418811/21/2018076880 COMAN, JACOB 2001423.009 REFUND: ART & PLAY CLASSREFUND: ART & PLAY CLASS001.000.239.200 12.009Page:4.2.aPacket Pg. 54Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1010:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount(Continued)Total :12.0023418811/21/2018076880 076880 COMAN, JACOB23418911/21/2018074382 CONTECH ENGINEERED SOLUTIONS 17568082FREIGHTFreight422.000.72.531.40.31.00 155.00Total :155.0023419011/21/2018071417 CORE & MAIN LP J694105STORM - PIPEStorm - Pipe422.000.72.531.40.31.00 1,454.0010.3% Sales Tax422.000.72.531.40.31.00 149.77Total :1,603.7723419111/21/2018060914 CUMMINS NORTHWEST LLC 15-64713UNIT 66 - PARTSUnit 66 - Parts511.000.77.548.68.31.10 23.6510.3% Sales Tax511.000.77.548.68.31.10 2.43Total :26.0823419211/21/2018064531 DINES, JEANNIE 18-389011/13/2018 CITY COUNCIL MINUTES11/13/2018 CITY COUNCIL MEETING MINUTES001.000.25.514.30.41.00 374.00Total :374.0023419311/21/2018076879 DRAMA KIDS INTERNATIONAL 6831 6832 DRAMA KIDS6831 6832 DRAMA KIDS CLASS INSTRUCTION6831 DRAMA KIDS CLASS INSTRUCTION001.000.64.571.22.41.00 252.006832 DRAMA KIDS CLASS INSTRUCTION001.000.64.571.22.41.00 180.00Total :432.0023419411/21/2018008410 EDMONDS PRINTING CO R25921RECYCLE - TREE CYCLE DOOR HANGERSRecycle - Tree Cycle Door Hangers421.000.74.537.90.49.00 1,017.5010.3% Sales Tax10Page:4.2.aPacket Pg. 55Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1110:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23419411/21/2018(Continued)008410 EDMONDS PRINTING CO421.000.74.537.90.49.00 104.80Total :1,122.3023419511/21/2018008705 EDMONDS WATER DIVISION 6-00025MARINA BEACH PARK SPRINKLERMARINA BEACH PARK001.000.64.576.80.47.00 449.77FISHING PIER & RESTROOMS6-00200FISHING PIER & RESTROOMS001.000.64.576.80.47.00 859.26BRACKETT'S LANDING SOUTH SPRINKLER6-00410BRACKETT'S LANDING SOUTH SPRINKLER001.000.64.576.80.47.00 482.39ANWAY PARK RESTROOMS6-00475ANWAY PARK RESTROOMS001.000.64.576.80.47.00 1,486.69CITY PARK BALLFIELD SPRINKLER6-01250CITY PARK BALLFIELD SPRINKLER001.000.64.576.80.47.00 1,109.91CITY PARK PARKING LOT6-01275CITY PARK PARKING LOT001.000.64.576.80.47.00 1,367.55CITY PARK SPRAY PARK6-01280CITY PARK SPRAY PARK001.000.64.576.80.47.00 667.84PINE STREET PLAYFIELD SPRINKLER6-02125PINE STREET PLAYFIELD SPRINKLER001.000.64.576.80.47.00 537.10BOYS & GIRLS CLUB SPRINKLER6-02727BOYS & GIRLS CLUB SPRINKLER001.000.64.576.80.47.00 289.54CIVIC CENTER PLAYFIELD SKATE PARK SPRINK6-02730CIVIC CENTER PLAYFIELD SKATE PARK001.000.64.576.80.47.00 297.74VETERANS PLAZA6-02745VETERANS PLAZA11Page:4.2.aPacket Pg. 56Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1210:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23419511/21/2018(Continued)008705 EDMONDS WATER DIVISION001.000.64.576.80.47.00 211.60DOWNTOWN RESTROOM6-02885DOWNTOWN RESTROOM001.000.64.576.80.47.00 519.69FAC SPRINKLER6-02900FAC SPRINKLER001.000.64.576.80.47.00 1,859.93CIVIC CENTER PARKING LOT SPRINKLER6-03000CIVIC CENTER PARKING LOT SPRINKLER001.000.64.576.80.47.00 510.47HUMMINGBIRD HILL PARK SPRINKLER6-03275HUMMINGBIRD HILL PARK SPRINKLER001.000.64.576.80.47.00 306.26MAPLEWOOD PARK SPRINKLER6-03575MAPLEWOOD PARK SPRINKLER001.000.64.576.80.47.00 314.85SEAVIEW PARK SPRINKLER6-04400SEAVIEW PARK SPRINKLER001.000.64.576.80.47.00 289.54SEAVIEW PARK6-04425SEAVIEW PARK001.000.64.576.80.47.00 533.88SIERRA PARK SPRINKLER6-04450SIERRA PARK SPRINKLER001.000.64.576.80.47.00 551.545 CORNERS ROUNDABOUT IRRIGATION6-060405 CORNERS ROUNDABOUT IRRIGATION001.000.64.576.80.47.00 806.13MATHAY BALLINGER SPRINKLER6-07775MATHAY BALLINGER SPRINKLER001.000.64.576.80.47.00 757.68YOST PARK SPRINKLER6-08500YOST PARK SPRINKLER001.000.64.576.80.47.00 1,365.15YOST POOL6-0852512Page:4.2.aPacket Pg. 57Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1310:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23419511/21/2018(Continued)008705 EDMONDS WATER DIVISIONYOST POOL001.000.64.576.80.47.00 278.11Total :15,852.6223419611/21/2018008812 ELECTRONIC BUSINESS MACHINES AR117451INV#AR117451 ACCT#MK5031 - EDMONDS PDC1435 - BLACK & WHITE CONTRACT OVERAGE001.000.41.521.10.45.00 22.7310.3% Sales Tax001.000.41.521.10.45.00 2.34Total :25.0723419711/21/2018070515 EMERALD CITY HARLEY-DAVIDSON 27261UNIT 904 - SVC & REPAIRSUnit 904 - Svc & Repairs511.000.77.548.68.48.00 2,169.8310.4% Sales Tax511.000.77.548.68.48.00 225.66Total :2,395.4923419811/21/2018075136 ENVIRONMENTAL SCIENCE ASSOC 141069PROF SERV: CLIMATE GOALS & MEASURESProf Svcs: Climate Goals & Measures001.000.62.524.10.41.00 7,306.25Total :7,306.2523419911/21/2018009350 EVERETT DAILY HERALD EDH832120SEPA AD.MAINTAIN CITY CREEKS, STRUCTURESSEPA Ad.Maintain City Creeks,422.000.72.531.90.41.20 53.32LEGAL AD: PLN20180059EDH833600Legal Ad: PLN20180059001.000.62.558.60.41.40 68.80Total :122.1223420011/21/2018011900 FRONTIER 253-011-1177 PUBLIC WORKS OMC RADIO LINEPUBLIC WORKS OMC RADIO LINE TO FIVE001.000.65.518.20.42.00 6.42PUBLIC WORKS OMC RADIO LINE TO FIVE13Page:4.2.aPacket Pg. 58Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1410:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23420011/21/2018(Continued)011900 FRONTIER111.000.68.542.90.42.00 24.41PUBLIC WORKS OMC RADIO LINE TO FIVE421.000.74.534.80.42.00 24.41PUBLIC WORKS OMC RADIO LINE TO FIVE423.000.75.535.80.42.00 24.41PUBLIC WORKS OMC RADIO LINE TO FIVE511.000.77.548.68.42.00 24.41PUBLIC WORKS OMC RADIO LINE TO FIVE422.000.72.531.90.42.00 24.41TELEMETRY CIRCUIT LINE425-712-0417TELEMETRY CIRCUIT LINE421.000.74.534.80.42.00 34.54TELEMETRY CIRCUIT LINE423.000.75.535.80.42.00 34.54PUBLIC WORKS OMC ALARM, FAX, SPARE LINES425-712-8251PUBLIC WORKS OMC FIRE AND INTRUSION001.000.65.518.20.42.00 16.56PUBLIC WORKS OMC FIRE AND INTRUSION111.000.68.542.90.42.00 82.82PUBLIC WORKS OMC FIRE AND INTRUSION421.000.74.534.80.42.00 69.57PUBLIC WORKS OMC FIRE AND INTRUSION423.000.75.535.80.42.00 69.57PUBLIC WORKS OMC FIRE AND INTRUSION511.000.77.548.68.42.00 92.74CLUBHOUSE ALARM LINES 6801 MEADOWDALE RD425-745-4313CLUBHOUSE FIRE AND INTRUSION ALARM001.000.66.518.30.42.00 134.53425-771-4741 CEMETERY PHONE/INTERNET425-771-4741425-771-4741 CEMETERY PHONE/INTERNET130.000.64.536.20.42.00 1.36425-775-1344 RANGER STATION425-775-1344425-775-1344 RANGER STATION001.000.64.571.23.42.00 69.1814Page:4.2.aPacket Pg. 59Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1510:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23420011/21/2018(Continued)011900 FRONTIERUTILITY BILLING RADIO LINE425-775-7865UTILITY BILLING RADIO LINE TO FIVE421.000.74.534.80.42.00 68.90LIFT STATION #7 VG SPECIAL ACCESS LINE425-776-2742LIFT STATION #7 V/G SPECIAL ACCESS LINE423.000.75.535.80.42.00 26.40Total :829.1823420111/21/2018069733 H B JAEGER COMPANY LLC 207188/1WATER INVENTORY - #498 W-VALVCI-06-010Water Inventory - #498 W-VALVCI-06-010421.000.74.534.80.34.20 1,174.38Water Supplies421.000.74.534.80.31.00 457.0210.3% Sales Tax421.000.74.534.80.34.20 120.9610.3% Sales Tax421.000.74.534.80.31.00 47.07Total :1,799.4323420211/21/2018012560 HACH COMPANY 11207390WWTP: PETRI DISHES, CHLORINE RGTPETRI DISHES, CHLORINE RGT423.000.76.535.80.31.00 1,511.50Freight423.000.76.535.80.31.00 81.6810.3% Sales Tax423.000.76.535.80.31.00 164.10Total :1,757.2823420311/21/2018010900 HD FOWLER CO INC I5004782WATER INVENTORY - #0548 W-CLMPCI-04-030Water Inventory - #0548 W-CLMPCI-04-030421.000.74.534.80.34.20 2,964.0810.3% Sales Tax421.000.74.534.80.34.20 305.31Total :3,269.3915Page:4.2.aPacket Pg. 60Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1610:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23420411/21/2018074966 HIATT CONSULTING LLC 2018-116VIDEO PRODUCTION AND TOURISM PROMOTION WVideo Production and Tourism Promotion120.000.31.575.42.41.00 3,450.00Total :3,450.0023420511/21/2018073548 INDOFF INCORPORATED 3178336PM SUPPLIES: COPY PAPERPM SUPPLIES: COPY PAPER001.000.64.571.22.31.00 79.9810.3% Sales Tax001.000.64.571.22.31.00 8.24Total :88.2223420611/21/2018067568 KPG INC 10-16118E6JC.SERVICES THRU 10/25/18E6JC.Services thru 10/25/18421.000.74.594.34.65.41 3,485.02E6JC.SERVICES THRU 9/25/189-16218E6JC.Services thru 9/25/18421.000.74.594.34.65.41 18,547.57Total :22,032.5923420711/21/2018067725 LES SCHWAB TIRE CENTER 80500248737 UNIT 90 - 6 TIRES AND STUDSUnit 90 - 6 Tires and Studs511.000.77.548.68.31.10 2,533.38Tire Tax511.000.77.548.68.31.10 6.00State Stud Fees511.000.77.548.68.31.10 30.0010.3% Sales Tax511.000.77.548.68.31.10 260.94Total :2,830.3223420811/21/2018006048 LN CURTIS AND SONS INV232504INV#232504 CUST #C38275 - EDMONDS PD - LPR VTX1901-OD-30-32 VERTX - OLVE DRAB001.000.41.521.23.24.00 89.96PR VTX1901-OD-34-34 VERTX - OLIVE DRAB001.000.41.521.23.24.00 89.9616Page:4.2.aPacket Pg. 61Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1710:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23420811/21/2018(Continued)006048 LN CURTIS AND SONSPR VTX1901-OD-34-30 VERTX - OLIVE DRAB001.000.41.521.23.24.00 89.96VTX8525-OD-S VERTX SMALL O.D. GREEN001.000.41.521.23.24.00 76.46VTX8525-OD-L VERTX - HAUGHIAN, STANLEY001.000.41.521.23.24.00 152.9210.0% Sales Tax001.000.41.521.23.24.00 49.93Total :549.1923420911/21/2018075769 MAILFINANCE INC N7393782POSTAGE MACHINE LEASE 08/23/18-11/22/18POSTAGE MACHINE LEASE 08/23/18-11/22/18001.000.25.514.30.45.00 1,542.6010.3% Sales Tax001.000.25.514.30.45.00 158.88N7406605 E-CERTIFIED 11/29/18-02/27/19N7406605N7406605 E-CERTIFIED 11/29/18-02/27/19001.000.25.514.30.45.00 192.0010.3% Sales Tax001.000.25.514.30.45.00 19.76Total :1,913.2423421011/21/2018076626 MCCANN TRUCKING AND EXCAVATING E6GC.Pmt 4E6GC.PMT 4 THRU 9/30/18E6GC.Pmt 4 thru 9/30/18423.000.75.594.35.65.30 185,080.37Total :185,080.3723421111/21/2018020039 MCMASTER-CARR SUPPLY CO 78345567WWTP: SOCKET HD SCREWSSOCKET HD SCREWS423.000.76.535.80.31.00 22.02Freight423.000.76.535.80.31.00 7.5410.3% Sales Tax423.000.76.535.80.31.00 3.0417Page:4.2.aPacket Pg. 62Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1810:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount(Continued)Total :32.6023421111/21/2018020039 020039 MCMASTER-CARR SUPPLY CO23421211/21/2018076881 METROPOLITAN SEWER SERVICE Bus License refund LI Refund Cst #00215937LI Refund Cst #00215937~001.000.257.310 50.00Total :50.0023421311/21/2018020450 MICRO DATA BUSINESS FORMS 42132INV#42132 - EDMONDS PDPARKING TICKET FORMS - BEGIN 009601 -001.000.41.521.11.31.00 643.50Freight001.000.41.521.11.31.00 42.3510.3% Sales Tax001.000.41.521.11.31.00 70.64Total :756.4923421411/21/2018076855 MIETZNER BROTHERS PROP LLC PLN20170047REFUND: OVERPAYMENT ON HEARING EXAM FEERefund for overpayment of Hearing001.000.257.620 488.00Total :488.0023421511/21/2018020900 MILLERS EQUIP & RENT ALL INC 286448PM: CARBURETOR CONVPM: CARBURETOR CONV001.000.64.576.80.31.00 148.9410.3% Sales Tax001.000.64.576.80.31.00 15.34PM SUPPLIES: FUEL FILLER CAP, CHAIN289302PM SUPPLIES: FUEL FILLER CAP, CHAIN001.000.64.576.80.31.00 247.4810.3% Sales Tax001.000.64.576.80.31.00 25.49PM GENIE LIFT RENTAL290669PM GENIE LIFT RENTAL001.000.64.576.80.45.00 386.9910.3% Sales Tax001.000.64.576.80.45.00 39.8618Page:4.2.aPacket Pg. 63Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1910:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23421511/21/2018(Continued)020900 MILLERS EQUIP & RENT ALL INCPM SUPPLIES: OIL, CHAINS, CARBURETOR294509PM SUPPLIES: OIL, CHAINS, CARBURETOR001.000.64.576.80.31.00 183.8310.3% Sales Tax001.000.64.576.80.31.00 18.93Total :1,066.8623421611/21/2018076498 MOGLIA & LARRIPA LAW FIRM PLLC 20180536CONFLICT COUNSEL 7Z0524536CONFLICT COUNSEL 7Z0524536001.000.39.512.52.41.00 300.00Total :300.0023421711/21/2018018950 NAPA AUTO PARTS 3276-810815 UNIT 24 - SPARK PLUGSUnit 24 - Spark Plugs511.000.77.548.68.31.10 158.4010.4% Sales Tax511.000.77.548.68.31.10 16.47UNIT 66 - BACK ALARM SUPPLIES3276-811043Unit 66 - Back Alarm Supplies511.000.77.548.68.31.10 30.9610.4% Sales Tax511.000.77.548.68.31.10 3.22Total :209.0523421811/21/2018075539 NATURE INSIGHT CONSULTING 20WILLOW CREEK DAYLIGHTING PROJ MGMTTasks 1 - 4: Parks Project Mgmt and125.000.64.576.80.41.00 1,000.00Task 5: Engineering Dept Tasks422.000.72.594.31.65.41 125.00Total :1,125.0023421911/21/2018063034 NCL414758WWTP: BOD SEED, NITR INHIB REFILLSBOD SEED, NITR INHIB REFILLS423.000.76.535.80.31.00 362.40Freight19Page:4.2.aPacket Pg. 64Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2010:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23421911/21/2018(Continued)063034 NCL423.000.76.535.80.31.00 18.18Total :380.5823422011/21/2018024855 NORDQUIST, JIM JNORDQT11818WWTP: JNORDQUIST MILEAGE REIMB-11/8-11/9JNORDQUIST MILEAGE REIMB for423.000.76.535.80.43.00 89.16Total :89.1623422111/21/2018065720 OFFICE DEPOT 229515217001INV#229515217001 - ACCT#90520437 - EDMON221044 / 35440 STAPLES 1/4" 5000BX001.000.41.521.10.31.00 21.2010.3% Sales Tax001.000.41.521.10.31.00 2.18INV#229566346001 ACCT#9052037 - EDMONDS229566346001PAPERMATE BALL POINT RETRACTABLE PENS -001.000.41.521.10.31.00 35.4610.3% Sales Tax001.000.41.521.10.31.00 3.65Total :62.4923422211/21/2018073714 OLBRECHTS & ASSOC PLLC 10/2018 HE ServicesHE EXAMINER SERVICES OCT 2018HE Services: PLN20170047001.000.245.967 512.00Total :512.0023422311/21/2018072739 O'REILLY AUTO PARTS 3685-372897 UNIT 48 - FILTERUnit 48 - Filter511.000.77.548.68.31.10 11.1010.3% Sales Tax511.000.77.548.68.31.10 1.14UNIT 130 - EXHAUST WRAP3685-376064Unit 130 - Exhaust Wrap511.000.77.548.68.31.10 49.9910.4% Sales Tax511.000.77.548.68.31.10 5.2020Page:4.2.aPacket Pg. 65Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2110:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23422311/21/2018(Continued)072739 O'REILLY AUTO PARTSUNIT 24 - SENSOR3685-376328Unit 24 - Sensor511.000.77.548.68.31.10 66.1910.3% Sales Tax511.000.77.548.68.31.10 6.82Total :140.4423422411/21/2018074793 PETDATA INC 7129INV#7129 - EDMONDS PD - OCT 201815 - 1 YEAR LICENSES @ $3.90 =~001.000.41.521.70.41.00 58.50Total :58.5023422511/21/2018029117 PORT OF EDMONDS 03870PORT RIGHT-OF-WAY LEASE FOR CITYPORT RIGHT-OF-WAY LEASE FOR CITY422.000.72.531.90.51.00 3,041.53Total :3,041.5323422611/21/2018030780 QUIRING MONUMENTS INC 00000187806INSCRIPTION SHUTTER/NICHE-PAGEINSCRIPTION SHUTTER/NICHE-REYNOLDS130.000.64.536.20.34.00 140.00INSCRIPTION SHUTTER/NICHE-REYNOLDS00000187807INSCRIPTION SHUTTER/NICHE-REYNOLDS130.000.64.536.20.34.00 140.00Total :280.0023422711/21/2018064769 ROMAINE ELECTRIC 5-020680UNIT 25 - BATTERIES AND CORE'S WITHUnit 25 - Batteries and Core's with511.000.77.548.68.31.10 277.5410.3% Sales Tax511.000.77.548.68.31.10 28.59UNIT 310 - BATTERY5-020803Unit 310 - Battery511.000.77.548.68.31.10 99.4910.3% Sales Tax511.000.77.548.68.31.10 10.2521Page:4.2.aPacket Pg. 66Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2210:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23422711/21/2018(Continued)064769 ROMAINE ELECTRICUNIT 411 - BATTERY5-20652Unit 411 - Battery511.000.77.548.68.31.10 150.15Units 904, 928, 960 Batteries511.000.77.548.68.31.10 317.7010.3% Sales Tax511.000.77.548.68.31.10 48.19Total :931.9123422811/21/2018066964 SEATTLE AUTOMOTIVE DIST INC S3-3837976FLEET BRAKE INVENTORYFleet Brake Inventory511.000.77.548.68.34.40 51.4810.3% Sales Tax511.000.77.548.68.34.40 5.31UNIT 527 - PARTSS3-3883796Unit 527 - Parts511.000.77.548.68.31.10 25.5010.3% Sales Tax511.000.77.548.68.31.10 2.63UNIT 285 - PARTSS3-3883900Unit 285 - Parts511.000.77.548.68.31.10 91.4210.3% Sales Tax511.000.77.548.68.31.10 9.41Total :185.7523422911/21/2018070115 SHANNON & WILSON INC 104170E4FC.SERVICES THRU 10/13/18E4FC.Services thru 10/13/18422.000.72.594.31.65.41 8,325.00Total :8,325.0023423011/21/2018036950 SIX ROBBLEES INC 14-376782UNIT 90 - PARTSUnit 90 - Parts511.000.77.548.68.31.10 384.2810.3% Sales Tax22Page:4.2.aPacket Pg. 67Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2310:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23423011/21/2018(Continued)036950 SIX ROBBLEES INC511.000.77.548.68.31.10 39.58Total :423.8623423111/21/2018076856 SMITH-ROOT INC 064642-00ELECTROFISHING KITElectrofishing Kit422.000.72.594.31.64.00 7,945.00Freight422.000.72.594.31.64.00 215.0010.3% Sales Tax422.000.72.594.31.64.00 840.49Total :9,000.4923423211/21/2018037375 SNO CO PUD NO 1 2002-6027-1 YOST POOLYOST POOL001.000.64.576.80.47.00 1,360.57LIFT STATION #10 17526 TALBOT RD / METER2004-9683-4LIFT STATION #10 17526 TALBOT RD /423.000.75.535.80.47.10 73.27SEAVIEW PARK2007-1403-8SEAVIEW PARK001.000.64.576.80.47.00 20.10TRAFFIC LIGHT 961 PUGET DR / METER 100002007-2302-1TRAFFIC LIGHT 961 PUGET DR / METER111.000.68.542.64.47.00 26.50SEAVIEW PARK2011-9708-4SEAVIEW PARK001.000.64.576.80.47.00 26.43FISHING PIER RESTROOMS2012-3682-5FISHING PIER RESTROOMS001.000.64.576.80.47.00 166.20PEDEST CAUTION LIGHT 9110 OLYMPIC VIEW D2014-3123-6PEDEST CAUTION LIGHT 9110 OLYMPIC VIEW111.000.68.542.64.47.00 16.03PEDEST CAUTION LIGHT 9301 PUGET DR / MET2014-3124-4PEDEST CAUTION LIGHT 9301 PUGET DR /23Page:4.2.aPacket Pg. 68Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2410:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23423211/21/2018(Continued)037375 SNO CO PUD NO 1111.000.68.542.64.47.00 19.46TRAFFIC LIGHT 21531 HWY 99 / METER 100042014-4175-5TRAFFIC LIGHT 21531 HWY 99 / METER111.000.68.542.63.47.00 202.71TRAFFIC LIGHT 21931 HWY 99 / METER 100042022-8945-0TRAFFIC LIGHT 21931 HWY 99 / METER111.000.68.542.64.47.00 77.19LIFT STATION #2 702 MELODY LN / METER 102044-2584-7LIFT STATION #2 702 MELODY LN / METER423.000.75.535.80.47.10 68.18TRAFFIC LIGHT SR104 @ 236TH ST SW / METE2205-4757-4TRAFFIC LIGHT SR104 @ 236TH ST SW /111.000.68.542.63.47.00 76.51Total :2,133.1523423311/21/2018038300 SOUND DISPOSAL CO 104757WWTP: 10/2018 ROLLOFF ASH DISPOSAL+TAXE10/2018 Ash disposal & taxes423.000.76.535.80.47.65 3,229.55Total :3,229.5523423411/21/2018038410 SOUND SAFETY PRODUCTS 240583/1WWTP: SHANE LONG-SCOTT PRO-RATED UNIF. ASHANE LONG-SCOTT PRO-RATED UNIF. ALLOW.423.000.76.535.80.24.00 50.339.7% Sales Tax423.000.76.535.80.24.00 4.88Total :55.2123423511/21/2018074990 STANTEC CONSULTING SERVICES 1400784E8JA.SERVICES THRU 8/3/18E8JA.Services thru 8/3/18421.000.74.594.34.65.41 1,924.83E8JA.SERVICES THRU 9/28/181422160E8JA.Services thru 9/28/18421.000.74.594.34.65.41 9,664.50Total :11,589.3324Page:4.2.aPacket Pg. 69Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2510:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23423611/21/2018076324 SUPERION LLC 217869TRAKIT PROJECT MANAGEMENTTrakit Project Management001.000.62.524.10.41.00 2,280.00Total :2,280.0023423711/21/2018040917 TACOMA SCREW PRODUCTS INC 18221608TRAFFIC - SUPPLIESTraffic - Supplies111.000.68.542.64.31.00 223.9910.3% Sales Tax111.000.68.542.64.31.00 23.07Total :247.0623423811/21/2018073749 THE WATERSHED COMPANY 2018-1280SUPPORT SERVICES FOR EDMONDS TREE BOARDSupport Services for Tree Board001.000.62.524.10.41.00 630.00Total :630.0023423911/21/2018042800 TRI-CITIES SECURITY 41813FLEET - KEYSFleet - Keys511.000.77.548.68.31.10 16.4410.3% Sales Tax511.000.77.548.68.31.10 1.69Total :18.1323424011/21/2018076821 VAN HOLLEBEKE, TENILLE 6819 CAKE DECORATING6819 CAKE DECORATING CLASS INSTRUCTION6819 CAKE DECORATING CLASS INSTRUCTION001.000.64.571.22.41.00 192.00Total :192.0023424111/21/2018069816 VWR INTERNATIONAL INC 8084260735WWTP: BDH BUFFER, BEAKR GRIFBDH BUFFER, BEAKR GRIF423.000.76.535.80.31.00 80.8510.3% Sales Tax423.000.76.535.80.31.00 8.32WWTP: SPORE STRIPS8084269928SPORE STRIPS25Page:4.2.aPacket Pg. 70Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2610:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount23424111/21/2018(Continued)069816 VWR INTERNATIONAL INC423.000.76.535.80.31.00 104.7210.3% Sales Tax423.000.76.535.80.31.00 10.79Total :204.6823424211/21/2018072634 WHISTLE WORKWEAR TR-433026PM: OUTERWEARPM: OUTERWEAR001.000.64.576.80.31.00 94.489.7% Sales Tax001.000.64.576.80.31.00 9.16Total :103.6423424311/21/2018066678 WSDA PESTICIDE MGMT DIVISION PESTICIDE LICENSE2019 PEST LIC RENEWAL: ARBANASIN,BIRD,BOARBANASIN 91878 PESTICIDE LICENSE001.000.64.576.80.49.00 33.00BIRD 80090 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00CURRAN 53955 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00EDHOUSE 46620 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00MCGOWAN 39844 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00ROCKNE 63681 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00SIENKO 95757 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00BOND 95390 PESTICIDE LICENSE RENEWAL001.000.64.576.80.49.00 33.00Total :264.00Bank total : 505,561.7978 Vouchers for bank code :usbank505,561.79Total vouchers :Vouchers in this report7826Page:4.2.aPacket Pg. 71Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2710:46:40AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount27Page:4.2.aPacket Pg. 72Attachment: claims 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds1 8:49:16AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount1121201811/21/2018062693 US BANK 0091US BANK - OCTOBER - EWJOB POSTING - WWTP SUP - PNCWA423.000.76.535.80.41.40 200.00FINANCE MANAGER JOB POSTING - CRAIGSLIST001.000.22.518.10.41.40 90.00JOB POSTING- POLICE SERVICES ASST.001.000.22.518.10.41.40 45.00MEALS - EMILY @ NEOGOV CONF001.000.22.518.10.43.00 16.31MEALS - EMILY @NEOGOV CONF001.000.22.518.10.43.00 19.24MEALS - EMILY @NEOGOV CONF.001.000.22.518.10.43.00 20.31SHUTTLE FOR NEOGOV CONF.001.000.22.518.10.43.00 5.00JOB POSTING - PARKS - NRPA001.000.22.518.10.41.40 45.14JOB POSTING - PARKS - NRPA001.000.64.571.21.41.00 198.86JOB POSTING - MULTIPLE - AWC001.000.22.518.10.41.40 350.00MONTHLY SUBSCRIPTION - BAREFOOT STUDENT001.000.22.518.10.41.40 50.00SHRM CERT. FEE- CARLY001.000.22.518.10.43.00 300.00US BANK - OCTOBER - MAH0846Wellness Fair - Costco001.000.22.518.10.31.10 91.04Wellness Fair - Gift Cards001.000.22.518.10.31.10 130.00Job Posting (WWTP) - WEF423.000.76.535.80.41.40 250.00REC COORDINATOR JOB POSTING - AWC001.000.22.518.10.41.40 50.001Page:4.2.bPacket Pg. 73Attachment: wire 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire 11/21/2018Voucher ListCity of Edmonds2 8:49:16AMPage:vchlistBank code :usbankVoucherDateVendorInvoicePO #Description/AccountAmount1121201811/21/2018(Continued)062693 US BANKREC COORDINATOR JOB POSTING - WRPA001.000.22.518.10.41.40 50.00JOB POSTING - ACCOUNTANT - AWC001.000.22.518.10.41.40 50.00ACCOUNTANT JOB POSTING -CRAIGSLIST001.000.22.518.10.41.40 45.00ACCOUNTANT JOB POSTING - CRAIGSLIST001.000.22.518.10.41.40 45.00REC COORDINATOR JOB POSTING - CRAIGSLIST001.000.22.518.10.41.40 45.00JAMBA JUICE - WELLNESS FAIR001.000.22.518.10.31.10 192.52WELLNESS EVENT - HQ PRESENTATION -001.000.22.518.10.31.10 148.57JOB POSTING - ACCOUNTANT - GFOA001.000.22.518.10.41.40 300.00PAGLIACCI PIZZA - WELLNESS EVENT - WWTP001.000.22.518.10.31.10 90.41NPELRA WEBINAR001.000.22.518.10.43.00 99.00Total :2,926.40Bank total : 2,926.401 Vouchers for bank code :usbank2,926.40Total vouchers :Vouchers in this report12Page:4.2.bPacket Pg. 74Attachment: wire 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STM 174th St. & 71st Ave Storm Improvements c521 E8FB STM 183rd Pl SW Storm Repairs c491 E6FE SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E4FA STR 2014 Overlay Program c438 E4CA WTR 2014 Waterline Overlays c452 E4CC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 2015 Overlay Program c463 E5CA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB STR 2016 Curb Ramp Upgrades i016 E6DC STR 2016 Overlay Program i008 E6CA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays i010 E6CC WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA STR 2017 Curb Ramp Upgrades i022 E7DA STR 2017 Minor Sidewalk Program i023 E7DB STR 2017 Overlay Program i018 E7CA SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2017 Sewerline Overlays i020 E7CC STR 2017 Traffic Calming i021 E7AA WTR 2017 Waterline Overlays i019 E7CB WTR 2017 Waterline Replacement Projects i014 E6JB STM 2018 Lorian Woods Study s018 E8FA STR 2018 Minor Sidewalk Project i032 E8DA STR 2018 Overlay Program i030 E8CB SWR 2018 Sewerline Overlays i035 E8CE SWR 2018 Sewerline Replacement Project c492 E6GC STR 2018 Traffic Calming i027 E8AA WTR 2018 Waterline Overlays i034 E8CD WTR 2018 Waterline Replacement Project c493 E6JC STR 2019 Overlay Program i036 E9CA SWR 2019 Sewerline Replacement Project c516 E8GA Revised 11/21/2018 4.2.c Packet Pg. 75 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM 2019 Storm Maintenance Project c525 E8FC WTR 2019 Swedish Waterline Replacement c523 E8JA UTILITIES 2019 Utility Rate & GFC Update s020 E8JB WTR 2019 Waterline Replacement c498 E7JA STR 220th Adaptive i028 E8AB STR 220th Street Overlay Project c462 E4CD STM 224th & 98th Drainage Improvements c486 E6FB WTR 224th Waterline Relocation (2013)c418 E3JB STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. Island & Misc. Ramps i037 E8DC STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99)c485 E6DA STM 3rd Ave Rain Gardens i012 E6FC STR 76th Ave W & 220th St. SW Intersection Improvements i029 E8CA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 84th Ave W Overlay from 220th to 212th i031 E8CC STR 89th Pl W Retaining Wall i025 E7CD STR 9th Avenue Improvement Project c392 E2AB FAC A/V Upgrades - Council Chambers c476 E5LA STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Curb Ramps i033 E8DB STR ADA Transition Plan s016 E6DB STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 E5DA PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave)c482 E5JB STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC General Edmonds Waterfront Access Analysis c478 E5DB FAC ESCO III Project c419 E3LB PRK FAC Band Shell Replacement c477 E6MB WTR Five Corners Reservoir Re-coating c473 E5KA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA Revised 11/21/2018 4.2.c Packet Pg. 76 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number PM Fourth Avenue Cultural Corridor c282 E8MA STR Hwy 99 Enhancements (Phase III)c405 E2AD STR Hwy 99 Gateway Revitalization s014 E6AA STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study s011 E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC STR Minor Sidewalk Program i017 E6DD STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon)m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E4LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid-Block Crossing c454 E4DB UTILITIES Standard Details Updates s010 E5NA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STM Video Assessment of Stormwater Lines c459 E4FF PRK Waterfront Restoration m103 E7MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 E5HA PRK Yost Park Spa c494 E6MC Revised 11/21/2018 4.2.c Packet Pg. 77 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation STR E3AB c427 SR104 Corridor Transportation Study STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Project WTR E3JB c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid-Block Crossing STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station STM E4FF c459 Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR E4JB c440 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update Revised 11/21/2018 4.2.c Packet Pg. 78 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title FAC E4LA c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STR E5CA c463 2015 Overlay Program WTR E5CB c475 2015 Waterline Overlays SWR E5CC i007 2015 Sewerline Overlays STR E5DA c474 Bikelink Project General E5DB c478 Edmonds Waterfront Access Analysis STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E5FD c479 Seaview Park Infiltration Facility STM E5FE c484 12th Ave & Sierra Stormwater System Improvements SWR E5GA c469 2016 Sanitary Sewer Replacement Projects SWR E5GB s011 Lake Ballinger Trunk Sewer Study WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JA c468 2016 Waterline Replacement Projects WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re-coating FAC E5LA c476 A/V Upgrades - Council Chambers UTILITIES E5NA s010 Standard Details Updates STR E6AA s014 Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DB s016 ADA Transition Plan STR E6DC i016 2016 Curb Ramp Upgrades STR E6DD i017 Minor Sidewalk Program STM E6FA i011 Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements STM E6FC i012 3rd Ave Rain Gardens STM E6FD s017 Stormwater Comp Plan Update STM E6FE c491 183rd Pl SW Storm Repairs SWR E6GA i013 2017 Sanitary Sewer Replacement Project SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II SWR E6GC c492 2018 Sewerline Replacement Project UTILITIES E6JA s013 Utility Rate Update WTR E6JB i014 2017 Waterline Replacement Projects Revised 11/21/2018 4.2.c Packet Pg. 79 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title WTR E6JC c493 2018 Waterline Replacement Project PRK E6MA c480 Veteran's Plaza PRK E6MB c477 FAC Band Shell Replacement PRK E6MC c494 Yost Park Spa STR E7AA i021 2017 Traffic Calming STR E7AB i024 Audible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements STR E7CA i018 2017 Overlay Program WTR E7CB i019 2017 Waterline Overlays SWR E7CC i020 2017 Sewerline Overlays STR E7CD i025 89th Pl W Retaining Wall STR E7DA i022 2017 Curb Ramp Upgrades STR E7DB i023 2017 Minor Sidewalk Program STR E7DC i026 Citywide Pedestrian Crossing Enhancements STM E7FA m105 OVD Slope Repair & Stabilization STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement PM E7MA c276 Dayton Street Plaza PRK E7MA m103 Waterfront Restoration STR E8AA i027 2018 Traffic Calming STR E8AB i028 220th Adaptive STR E8CA i029 76th Ave W & 220th St. SW Intersection Improvements STR E8CB i030 2018 Overlay Program STR E8CC i031 84th Ave W Overlay from 220th to 212th WTR E8CD i034 2018 Waterline Overlays SWR E8CE i035 2018 Sewerline Overlays STR E8DA i032 2018 Minor Sidewalk Project STR E8DB i033 ADA Curb Ramps STR E8DC i037 238th St. Island & Misc Ramps STM E8FA s018 2018 Lorian Woods Study STM E8FB c521 174th St. & 71st Ave Storm Improvements STM E8FC c525 2019 Storm Maintenance Project SWR E8GA c516 2019 Sewerline Replacement Project WTR E8JA c523 2019 Swedish Waterline Replacement UTILITIES E8JB s020 2019 Utility Rate & GFC Update PM E8MA c282 Fourth Avenue Cultural Corridor STR E9CA i036 2019 Overlay Program Revised 11/21/2018 4.2.c Packet Pg. 80 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By New Project Accounting Number) Funding Engineering Project Number Project Accounting Number Project Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1DA c354 Sunset Walkway Improvements STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project SWR E3GA c398 2013 Sewerline Replacement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FE c410 Northstream Pipe Abandonment on Puget Drive PRK E4MA c417 City Spray Park WTR E3JB c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STR E3AB c427 SR104 Corridor Transportation Study STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects STR E4CA c438 2014 Overlay Program WTR E4JB c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E4LA c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid-Block Crossing STM E4FE c455 Dayton Street Stormwater Pump Station Revised 11/21/2018 4.2.c Packet Pg. 81 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By New Project Accounting Number) Funding Engineering Project Number Project Accounting Number Project Title SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update SWR E4GC c461 Lift Station #1 Basin & Flow Study STR E4CD c462 220th Street Overlay Project STR E5CA c463 2015 Overlay Program STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects WTR E5JA c468 2016 Waterline Replacement Projects SWR E5GA c469 2016 Sanitary Sewer Replacement Projects STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) WTR E5KA c473 Five Corners Reservoir Re-coating STR E5DA c474 Bikelink Project WTR E5CB c475 2015 Waterline Overlays FAC E5LA c476 A/V Upgrades - Council Chambers PRK E6MB c477 FAC Band Shell Replacement General E5DB c478 Edmonds Waterfront Access Analysis STM E5FD c479 Seaview Park Infiltration Facility PRK E6MA c480 Veteran's Plaza WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E5FE c484 12th Ave & Sierra Stormwater System Improvements STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STM E6FB c486 224th & 98th Drainage Improvements SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STM E6FE c491 183rd Pl SW Storm Repairs SWR E6GC c492 2018 Sewerline Replacement Project WTR E6JC c493 2018 Waterline Replacement Project PRK E6MC c494 Yost Park Spa STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW WTR E7JA c498 2019 Waterline Replacement SWR E8GA c516 2019 Sewerline Replacement Project STM E8FB c521 174th St. & 71st Ave Storm Improvements WTR E8JA c523 2019 Swedish Waterline Replacement STM E8FC c525 2019 Storm Maintenance Project STR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays Revised 11/21/2018 4.2.c Packet Pg. 82 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By New Project Accounting Number) Funding Engineering Project Number Project Accounting Number Project Title STM E6FA i011 Northstream Culvert Repair Under Puget Drive STM E6FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6JB i014 2017 Waterline Replacement Projects STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6DC i016 2016 Curb Ramp Upgrades STR E6DD i017 Minor Sidewalk Program STR E7CA i018 2017 Overlay Program WTR E7CB i019 2017 Waterline Overlays SWR E7CC i020 2017 Sewerline Overlays STR E7AA i021 2017 Traffic Calming STR E7DA i022 2017 Curb Ramp Upgrades STR E7DB i023 2017 Minor Sidewalk Program STR E7AB i024 Audible Pedestrian Signals STR E7CD i025 89th Pl W Retaining Wall STR E7DC i026 Citywide Pedestrian Crossing Enhancements STR E8AA i027 2018 Traffic Calming STR E8AB i028 220th Adaptive STR E8CA i029 76th Ave W & 220th St. SW Intersection Improvements STR E8CB i030 2018 Overlay Program STR E8CC i031 84th Ave W Overlay from 220th to 212th STR E8DA i032 2018 Minor Sidewalk Project STR E8DB i033 ADA Curb Ramps WTR E8CD i034 2018 Waterline Overlays SWR E8CE i035 2018 Sewerline Overlays STR E9CA i036 2019 Overlay Program STR E8DC i037 238th St.Island & Misc. Ramps STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Restoration STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES E5NA s010 Standard Details Updates SWR E5GB s011 Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STR E6AA s014 Hwy 99 Gateway Revitalization STR E6DB s016 ADA Transition Plan STM E6FD s017 Stormwater Comp Plan Update STM E8FA s018 2018 Lorian Woods Study UTILITIES E8JB s020 2019 Utility Rate & GFC Update Revised 11/21/2018 4.2.c Packet Pg. 83 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Funding) Funding Project Title Project Accounting Number Engineering Project Number FAC A/V Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E4LA General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA PRK FAC Band Shell Replacement c477 E6MB PRK Veteran's Plaza c480 E6MA PRK Waterfront Restoration m103 E7MA PRK Yost Park Spa c494 E6MC STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 174th St. & 71st Ave Storm Improvements c521 E8FB STM 183rd Pl SW Storm Repairs c491 E6FE STM 2014 Drainage Improvements c433 E4FA STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STM 2018 Lorian Woods Study s018 E8FA STM 2019 Storm Maintenance Project c525 E8FC STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC STM Lake Ballinger Associated Projects c436 E4FD STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon)m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Comp Plan Update s017 E6FD STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB Revised 11/21/2018 4.2.c Packet Pg. 84 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Funding) Funding Project Title Project Accounting Number Engineering Project Number STM Video Assessment of Stormwater Lines c459 E4FF STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STR 2014 Chip Seals c451 E4CB STR 2014 Overlay Program c438 E4CA STR 2015 Overlay Program c463 E5CA STR 2015 Traffic Calming c471 E5AB STR 2016 Curb Ramp Upgrades i016 E6DC STR 2016 Overlay Program i008 E6CA STR 2017 Curb Ramp Upgrades i022 E7DA STR 2017 Minor Sidewalk Program i023 E7DB STR 2017 Overlay Program i018 E7CA STR 2017 Traffic Calming i021 E7AA STR 2018 Minor Sidewalk Project i032 E8DA STR 2018 Overlay Program i030 E8CB STR 2018 Traffic Calming i027 E8AA STR 2019 Overlay Program i036 E9CA STR 220th Street Overlay Project c462 E4CD STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. Island & Misc Ramps i037 E8DC STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99)c485 E6DA STR 76th Ave W & 220th St. SW Intersection Improvements i029 E8CA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 84th Ave W Overlay from 220th to 212th i031 E8CC STR 89th Pl W Retaining Wall i025 E7CD STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Curb Ramps i033 E8DB STR ADA Transition Plan s016 E6DB STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 E5DA STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR Hwy 99 Enhancements (Phase III)c405 E2AD STR Hwy 99 Gateway Revitalization s014 E6AA STR Minor Sidewalk Program i017 E6DD STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid-Block Crossing c454 E4DB STR Sunset Walkway Improvements c354 E1DA Revised 11/21/2018 4.2.c Packet Pg. 85 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) PROJECT NUMBERS (By Funding) Funding Project Title Project Accounting Number Engineering Project Number STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STR 220th Adaptive i028 E8AB SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays i010 E6CC SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2017 Sewerline Overlays i020 E7CC SWR 2018 Sewerline Overlays i035 E8CE SWR 2018 Sewerline Replacement Project c492 E6GC SWR 2019 Sewerline Replacement Project c516 E8GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s011 E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES 2019 Utility Rate & GFC Update s020 E8JB UTILITIES Standard Details Updates s010 E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA WTR 2017 Waterline Overlays i019 E7CB WTR 2017 Waterline Replacement Projects i014 E6JB WTR 2018 Waterline Overlays i034 E8CD WTR 2018 Waterline Replacement Project c493 E6JC WTR 2019 Swedish Waterline Replacement c523 E8JA WTR 2019 Waterline Replacement c498 E7JA WTR 224th Waterline Relocation (2013)c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave)c482 E5JB WTR Five Corners Reservoir Re-coating c473 E5KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 11/21/2018 4.2.c Packet Pg. 86 Attachment: FrequentlyUsedProjNumbers 11-21-18 (Approval of claim, payroll and benefit checks, direct deposit and wire payments.) Payroll Earnings Summary ReportCity of EdmondsPay Period: 882 (11/01/2018 to 11/15/2018)Hours AmountHour Type Hour Class DescriptionEducational Pay CorrectionREGULAR HOURS-ed20.00 -156.28NO PAY LEAVEABSENT11182.50 0.00NO PAY NON HIREDABSENT11240.00 0.00SICK LEAVESICK121540.00 19,546.98VACATIONVACATION1221,004.75 42,908.03HOLIDAY HOURSHOLIDAY12354.75 2,077.44FLOATER HOLIDAYHOLIDAY1248.00 248.27COMPENSATORY TIMECOMP HOURS125133.75 5,101.56Police Sick Leave L & ISICK12930.00 1,096.87MILITARY LEAVEMILITARY13160.00 2,452.19WASHINGTON STATE SICK LEAVESICK1352.80 63.59Kelly Day UsedREGULAR HOURS15084.00 3,354.39HOLIDAY BUY BACKHOLIDAY153-3.50 -83.23COMPTIME AUTO PAYCOMP HOURS155120.40 5,079.62VACATION PAYOFFVACATION158139.51 5,487.70MANAGEMENT LEAVEVACATION16043.00 2,585.23REGULAR HOURSREGULAR HOURS19016,366.35 609,234.77ADMINISTRATIVE LEAVEREGULAR HOURS19596.00 4,013.85OVERTIME .5OVERTIME HOURS20563.75 1,088.07OVERTIME-STRAIGHTOVERTIME HOURS210134.50 5,616.87WATER WATCH STANDBYOVERTIME HOURS21572.00 3,734.85STANDBY TREATMENT PLANTMISCELLANEOUS21614.00 1,506.42OVERTIME 1.5OVERTIME HOURS220323.00 23,277.81OVERTIME-DOUBLEOVERTIME HOURS22519.00 1,264.77MISC PAYMISCELLANEOUS4000.00 490.00OUT OF CLASS - POLICEACTING PAY4050.00 250.30WORKING OUT OF CLASSMISCELLANEOUS4100.00 152.31SHIFT DIFFERENTIALSHIFT DIFFERENTIAL4110.00 1,333.41RETROACTIVE PAYRETROACTIVE PAY6000.00 235.00ACCRUED COMP .5COMP HOURS6015.00 0.00ACCRUED COMPCOMP HOURS60296.50 0.00Holiday Comp 1.0COMP HOURS60327.00 0.00ACCRUED COMP TIMECOMP HOURS604173.25 0.0011/21/2018Page 1 of 34.2.dPacket Pg. 87Attachment: payroll summary 11-20-18 (Approval of claim, payroll and benefit checks, direct deposit and Payroll Earnings Summary ReportCity of EdmondsPay Period: 882 (11/01/2018 to 11/15/2018)Hours AmountHour Type Hour Class DescriptionACCRUED COMP TIMECOMP HOURS6067.00 0.00ACCRUED SICK LEAVESICK90143.80 0.00ACCREDITATION PAYMISCELLANEOUSacc0.00 84.62ACCRED/POLICE SUPPORTMISCELLANEOUSacs0.00 126.60BOC II CertificationMISCELLANEOUSboc0.00 89.07Collision ReconstructionistMISCELLANEOUScolre0.00 114.63TRAINING CORPORALMISCELLANEOUScpl0.00 156.94CERTIFICATION III PAYMISCELLANEOUScrt0.00 570.93CTR INCENTIVES PROGRAMMISCELLANEOUSctr0.00 150.00DETECTIVE PAYMISCELLANEOUSdet0.00 108.48Detective 4%MISCELLANEOUSdet40.00 904.74EDUCATION PAY 2%EDUCATION PAYed10.00 706.23EDUCATION PAY 4%EDUCATION PAYed20.00 809.30EDUCATION PAY 6%EDUCATION PAYed30.00 4,996.02FAMILY MEDICAL/NON PAIDABSENTfmla89.00 0.00FAMILY MEDICAL/SICKSICKfmls96.00 2,426.54HOLIDAYHOLIDAYhol1,231.60 46,297.57K-9 PAYMISCELLANEOUSk90.00 206.94LONGEVITY PAY 2%LONGEVITYlg10.00 584.44LONGEVITY 5.5%LONGEVITYlg100.00 144.57LONGEVITY PAY 2.5%LONGEVITYlg110.00 1,020.62Longevity 9%LONGEVITYlg120.00 5,594.50Longevity 7%LONGEVITYlg130.00 1,690.93Longevity 5%LONGEVITYlg140.00 1,290.03LONGEVITY 7.5%LONGEVITYlg150.00 372.38Longevity 1%LONGEVITYlg40.00 348.14Longevity 3%LONGEVITYlg50.00 433.92Longevity .5%LONGEVITYlg60.00 300.36Longevity 1.5%LONGEVITYlg70.00 651.03Medical Leave SickSICKmels88.00 2,215.00MOTORCYCLE PAYMISCELLANEOUSmtc0.00 216.96Public Disclosure SpecialistMISCELLANEOUSpds0.00 99.30PHYSICAL FITNESS PAYMISCELLANEOUSphy0.00 2,148.1711/21/2018Page 2 of 34.2.dPacket Pg. 88Attachment: payroll summary 11-20-18 (Approval of claim, payroll and benefit checks, direct deposit and Payroll Earnings Summary ReportCity of EdmondsPay Period: 882 (11/01/2018 to 11/15/2018)Hours AmountHour Type Hour Class DescriptionPROFESSIONAL STANDARDS SERGEANMISCELLANEOUSprof0.00 169.24SPECIAL DUTY PAY 5%MISCELLANEOUSsdp0.00 279.29ADMINISTRATIVE SERGEANTMISCELLANEOUSsgt0.00 169.24School Resource OfficerMISCELLANEOUSsro0.00 108.48STREET CRIMESMISCELLANEOUSstr0.00 313.88TRAFFICMISCELLANEOUStraf0.00 343.89Total Net Pay: $559,430.20$818,203.7721,285.7111/21/2018Page 3 of 34.2.dPacket Pg. 89Attachment: payroll summary 11-20-18 (Approval of claim, payroll and benefit checks, direct deposit and Benefit Checks Summary ReportCity of EdmondsPay Period: 882 - 11/01/2018 to 11/15/2018Bank: usbank - US Bank Direct Deposit Check Amt Name Payee # Date Check #63584 11/20/2018 epoa2 EPOA-POLICE5,512.00 0.0063585 11/20/2018 epoa3 EPOA-POLICE SUPPORT460.75 0.0063586 11/20/2018 flex NAVIA BENEFIT SOLUTIONS1,975.43 0.0063587 11/20/2018 teams TEAMSTERS LOCAL 7634,304.50 0.0063588 11/20/2018 icma VANTAGE TRANSFER AGENTS 304884 3,843.20 0.0016,095.880.00Bank: wire - US BANK Direct Deposit Check Amt Name Payee # Date Check #2796 11/20/2018 awc AWC309,566.25 0.002799 11/20/2018 us US BANK123,779.48 0.002800 11/20/2018 mebt WTRISC FBO #N3177B1111,987.49 0.002802 11/20/2018 wadc WASHINGTON STATE TREASURER27,162.14 0.002804 11/20/2018 pb NATIONWIDE RETIREMENT SOLUTION 6,807.44 0.002805 11/20/2018 edm CITY OF EDMONDS125.00 0.002806 11/20/2018 oe OFFICE OF SUPPORT ENFORCEMENT628.50 0.00580,056.300.00596,152.180.00Grand Totals:Page 1 of 111/21/20184.2.ePacket Pg. 90Attachment: payroll benefits 11-20-18 (Approval of claim, payroll and benefit checks, direct deposit and City Council Agenda Item Meeting Date: 11/27/2018 One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse) Staff Lead: Mike Nelson Department: City Council Preparer: Maureen Judge Background/History At the 10/23/18 Council Meeting, Council President Nelson suggested extending the Lighthouse contract for legal services for a one-year period as a review process of City Attorney services is considered. Staff Recommendation N/A Narrative The Lighthouse contract is for a one-year renewal with a flat monthly fee of $47,964, this rate reflects a four percent increase over 2018. Attachments: 2018-11-15 Lighthouse contract with Edmonds 4.3 Packet Pg. 91 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group PLLC ("LIGHTHOUSE") effective January 1, 20152019, is entered into in consideration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City's insurance pool and legal services related to the issuance of any municipal bond or similar security. This is a nonexclusive agreement and the City at its sole discretion may engage other legal counsel regarding any service that is expected to be provided by LIGHTHOUSE. Examples of such services expected to be provided by LIGHTHOUSE include, but are not limited to: 1.1 Preparing for and attending meetings of the City Council and City Council Committees, if applicable, as necessary or requested to do so; 1.2 Drafting ordinances, resolutions, and decisions; 1.3 Answering telephone calls from City elected officials and staff and providing general consultation on civil legal matters; 1.4 Attending meetings with City staff (including regular office hours if requested), the Mayor, and/or Council Members on civil legal matters; 1.5 Attending meetings of other City boards and commissions, such as the Planning Board and Hearing Examiner, when requested to do so; and 1.6 Negotiating with third parties other than in a litigation context, e.g., negotiating development interlocal agreements. 1.7 Representing the City and its officials in litigation matters, provided, that in cases where the City and its officials have insurance coverage through WCIA or another insurer, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non-covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; 4.3.a Packet Pg. 92 Attachment: 2018-11-15 Lighthouse contract with Edmonds (One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse)) 1.10 Services related to taxation; 1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Growth Management Hearings Board); and 1.13 Telecommunications services, including franchise negotiation and leasing. 1.14 Office hours at City Hall will be provided by LIGHTHOUSE at least two days a week. 2. Personnel Performing Services. Jeff Taraday will be the lead attorney and shall have the primary responsibility for attending City Council meetings and delegating work to other LIGHTHOUSE attorneys as needed. Mr. Taraday may assign work to any attorney affiliated with LIGHTHOUSE. Provision of service by any other attorney shall require prior approval by the Mayor with notification provided to the Council of such assignment and approval. 3. Payment for Services. The City will pay LIGHTHOUSE for the services specified in the sum of Forty-one seven Thousand Nine Hundred Sixty-four Dollars ($47,96441,000) a month (the flat fee). This amount may be adjusted in future years with the mutual consent of the parties. Any request for increase in the flat fee shall be submitted by September 1 of any year for consideration in the budget process. If LIGHTHOUSE'S request for an increase is denied, it may terminate this agreement by providing sixty (60) days written notice. In the absence of a specific request for increase of the flat fee, the flat fee shall increase on January 1 of each year by 4%. Approval of a budget including a proposed or negotiated flat fee shall be deemed to amend the rate set forth above, effective January 1 of the following year. 4. Awards of Attorneys Fees. If the City prevails in a legal matter and the tribunal awards reasonable attorneys fees to the City as the prevailing party, the hourly rates below shall apply for the purposes of calculating such fee award, notwithstanding the fact that LIGHTHOUSE does not charge for its services to the City on an hourly basis. These rates shall also be used where the City is able to charge a third-party (e.g. a real estate developer) for work performed by LIGHTHOUSE. Tom Brubaker: $325 Jeff Taraday: $260304 Sharon Cates: $230269 Patricia Taraday: $225263 Rosa Fruehling-Watson: $245287 Beth Ford: $175205 other attorneys: $175205 Upon receipt of a fee award, the City shall keep the entire award PROVIDED THAT in cases initiated by the City including abatement actions, utility lien foreclosures, and other matters involving collection of a debt that is less than One Hundred Thousand Dollars, any attorneys fee 4.3.a Packet Pg. 93 Attachment: 2018-11-15 Lighthouse contract with Edmonds (One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse)) award shall be paid to LIGHTHOUSE. 5. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's flat fee. Reimbursement will be made by the City for expenditures related to fees paid to a mediator, expert witness fees, court costs and fees, copying, postage, process service and courier costs. Other expenses shall be reimbursed when authorized in advance by the City. 6. Billing. The City shall pay the amount of the flat fee to LIGHTHOUSE on the last day of the month for which the legal services have been rendered. It shall not be necessary for LIGHTHOUSE to send an invoice for the flat fee to be paid. For informational purposes only, LIGHTHOUSE will send a detailed monthly description of the services rendered during the past month. 7. Term of Agreement. This Agreement shall commence on January 1, 2015 2019 and shall remain in effect until December 31, 20182019. This is an agreement for legal services and the City as client may terminate the agreement for any reason upon sixty (60) days notice. LIGHTHOUSE may terminate only as provided in Section 3. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. 8. Professional Liability Insurance. LIGHTHOUSE will maintain professional liability insurance throughout the duration of this Agreement in the minimum amount of $2,000,000. 9. Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, or physical, mental or sensory handicap, except where a bona fide occupational qualification exists. 10. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 11. Ownership of Work Product. All opinions, data, materials, reports, memoranda, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 12. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of 4.3.a Packet Pg. 94 Attachment: 2018-11-15 Lighthouse contract with Edmonds (One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse)) LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members, employees, and approved sub-contractors (e.g. Special Counsel), from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. To the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 13. Rules of Professional Conduct. All services provided by LIGHTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supreme Court. 14. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professional Conduct unless the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. 15. Subcontracting or Assignment. LIGHTHOUSE may not assign or subcontract any portion of the services to be provided under this agreement without the express written consent of the City, PROVIDED THAT such consent shall not be unreasonably withheld, and FURTHER PROVIDED THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the following Special Counsel: Susan Drummond, Chuck Wolfe, and Mike Bradley and/or the respective legal entities through which they perform their legal services. 16. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. In the event of a conflict between this Agreement and Exhibit A, this Agreement shall control. Date: Date: CITY OF EDMONDS LIGHTHOUSE LAW GROUP PLLC David O. Earling Jeff Taraday Mayor Managing Member ATTEST/AUTHENTICATED: Scott Passey City Clerk 4.3.a Packet Pg. 95 Attachment: 2018-11-15 Lighthouse contract with Edmonds (One-year Renewal of the Lighthouse, PLLC Contract (Lighthouse)) City Council Agenda Item Meeting Date: 11/27/2018 Senior Center Lease Amendment Proposal Staff Lead: Carrie Hite Department: Parks, Recreation & Cultural Services Preparer: Carrie Hite Background/History The City entered into a facility lease with the Sr. Ctr in 2008, with options to extend through 2030. The City entered into an option to lease the grounds of the current Sr. Ctr to allow for a capital campaign and eventual rebuild of the center on the site. This was signed in January 2015. See attached. The Finance committee and full Council have discussed these proposed amendments, and have forwarded this to the consent agenda. Staff Recommendation Authorize the Mayor to sign the attached proposed amended agreement with the Senior Center on the consent agenda. Narrative The City has entered into an Option to Lease with a proposed 40 year ground lease with the Edmonds Senior Center. This has been in effect since January 2015. The option expires in June 2019, with some allowance for extension. The long term land lease gives the Sr. Ctr the option to demolish the current building and build a new one on the property. The Senior Center has approached the City with some requested amendments to the lease. See attached. The proposed lease amendment changes include: 1. The current lease stipulates that the parking lot will be shared 50/50 for all costs. The frontage improvements, which include sidewalk to back of curb, utility hookups for the building, storm detention and curb cuts for driveway and ADA options were not called out in the original lease. The frontage improvements are required by City code for any construction of buildings. The City has maintained that this should be a cost covered by the Sr. Ctr, because of the building construction. The Sr. Ctr has maintained that this should be paid for by the City because it is the entrance to the park. We have thus far split costs for design in order to submit land use permits. As Council knows, the City will be doing some significant work in front of the Sr. Ctr on the waterfront. We will be removing the creosote pier, reintroducing beach habitat, improving ADA accessibility to the 4.4 Packet Pg. 96 waterfront, and connecting the continuous walkway. In addition, the City has been exploring and planning for connecting the walkway in front of the Ebbtide condominiums. The project costs for design and construction of the Ebbtide walkway, Waterfront redevelopment, parking lot and frontage improvements are attached. The 50% of the Sr. Ctr share, for the parking lot and frontage improvements is $933,868. This is the estimated cost at 30% design. This number could go up or down as we get further in design to construction documents. The proposed language gives the full responsibility of the construction and maintenance of the parking lot and frontage improvements to the City. The estimated cost of this is $1,866,000. The City currently has $933,000 in the budget for this. In order to accept this change, the City Council will need to allocate an additional $933,000. Currently, the Mayor has allocated $250,000 in the budget to go towards this. If Council agrees to fund an amount more than $250,000, the Mayor has determined a path forward up to the full amount. 2. The amended lease clarifies some language about the parking lot and frontage included the complete footprint around the Waterfront Center. It also includes a legal description of the footprint of the building. 3. There are two exhibits added that establish an easement of the parking lot and utility rights under the parking lot. In addition, the City will need to grant a Temporary Construction Easement before construction can begin, which we will bring at a later date. 4. In section 4.1.1, the City added language to allow the City Council to consider the capital and/or financing from the senior center as a condition to approve the demolition and construction. There are a few touch points in the lease that allow the City Council to continue making decisions about this project. In section 4.1.1 there are approval steps the Sr. Ctr needs to complete. The Sr. Ctr has presented to council and received approval for the schematic design. The other touch points are for the design development and construction documents. The Council will have the opportunity to review these. In addition this section also states, " Senior Center shall undertake no demolition, construction, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City to withhold or deny. In applying its discretion, the City shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of the other improvements of the property, and related financial obligations ( including having an adequate contingency fund for the contemplated work), the intended uses of the Property as described in Section 1.2 as well as the Property's functionality as a park." One of the measures the City could use is their funding and potential financing plan. If the City Council is not confident that they have raised enough, or they won't meet their goal, they can withhold consent. The Senior Center did complete a feasibility study at the beginning of the project. They have also updated this recently, and it is included in the Council packet. The key decision points for the council are the following: 4.4 Packet Pg. 97 1. Whether you want to accept the proposed amendments to the long term lease. This will have financial impact for the City. 2. The review and acceptance of the development and construction documents. 3. Final decision to give consent to demolish, construct, alter, or change the property. Attachments include: 1. Post packet revisions to amendment and document for adoption. 2. Current ground lease. 3. Proposed ground lease redline version 4. Lease and Options final revisions clean version 5. Exhibit - Parking easement final 6. Exhibit - Utility easement final 7. Detail cost of SD estimates for the Frontage Improvements with VE. 8. Detail cost of SD estimates for the Parking Lot with VE 9. EWC Budget Summary 10. Detail cost of the SD estimates for the Waterfront Center with VE 11. City budget for full waterfront redevelopment project, including frontage and parking lot. 12. Building replacement feasibility for WC project. 13. Campaign Feasibility Study 14. Waterfront Center Campaign Update 15. Senior Center operational proforma 2018-2023. Based on Council discussion on 11/20/18, the Senior Center provided additional information that may be informative for the Council decision. Also included in this packet are the following attachments: 16. Memo to City to address the feasibility study and operational proforma. 17. Fundraising timeline 18. Project budget review in regards to the increased costs. 19. Contract for Kristin Cebull, hired by the senior center to assist with the proforma. Attachments: 2018-11-18 post packet revisions to option and lease for adoption Sr. Ctr-Op to Lease-Ground Lease 2018-11-14 clean option and lease 2018-11-14 redline pdf 2018-11-13 parking final 2018-11-13 utility final Edmonds Waterfront.Frontage Engineers estimate SD Edmonds Waterfront.Parking Engineers Cost Estimate SD EWC SD Budget Summary 9-13-18 Building Replacement Feasibility Review FINAL Campaign Feasibility Study FINAL EWC SD BCL 7-2-18 Waterfront Redevelopment and Sr Ctr parking lot draft budget Campaign Update 11-15-18 EWC Operational Draft Pro forma 8-23-18 Fundraising Timeline Senior Center 11-14-18 4.4 Packet Pg. 98 Memo to City about Feasibility and Proforma 11-21-18 EWC Project Budget Review - Decision Document 2-21-18 Kristin Cebull contract_ 4.4 Packet Pg. 99 AMENDMENT TO OPTION TO LEASE THIS AMENDMENT TO OPTION TO LEASE (this "Option Amendment") is made and entered into as of this ____ day of _________, 2018, by and between the CITY OF EDMONDS, a municipal corporation organized under the laws of the State of Washington, (the "City"), and the EDMONDS SENIOR CENTER, a non-profit corporation organized under the laws of the State of Washington, (the "Optionee"). RECITALS WHEREAS, the strong and enduring partnership of the City and the Senior Center began in 1967 with the establishment of the Edmonds Senior Center on the present waterfront site, enabling the City to acquire the Senior Center property in 1973; the parties’ collaboration having resulted in the service to the seniors of Edmonds and the region with robust activities and programs for the last 50 years. WHEREAS, the City’s Strategic Action Plan of March 26, 2013, in Action 3a.1, defines this strategic objective of “Develop a long-term solution for maintaining and updating the Senior Center,” and gave the lead roles to the Senior Center and the City’s Parks, Recreation, and Cultural Services Department, and by so doing authorized the Senior Center to develop and implement the plan to construct the Edmonds Waterfront Center on the waterfront site. WHEREAS, on January 30, 2015, Optionee and the City entered into an Option To Lease certain real property from the City for development and operation of a Senior Centercommunity center and related uses (the “Original Option To Lease”), which had lease terms and conditions specified for a ground lease between the parties (the proposed “Initial Ground Lease"); and WHEREAS, Optionee and the City currently have a lease for the Property whereby the Optionee leases the Property and an existing building for a remaining term until 2020 together with two five-year extension periods (the "Current Lease"). WHEREAS, the Current Lease would have been superseded by the proposed Initial Ground Lease which was the subject of the Option entered into by the parties. WHEREAS, through this Option Amendment and appended Ground Lease, Optionee and the City desire to modify certain terms and conditions of the Original Option To Lease and the proposed Ground Lease as well as the area of real property that will be the subject of the Ground Lease and that would be exercised through the Option. WHEREAS, the revised legal description of the property that will be the subject of the Ground Lease is attached hereto as Exhibit A (the “Property”) and the Ground Lease that specifies the modified terms and conditions to be entered into when the Option is exercised is 4.4.a Packet Pg. 100 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the performance and observance of the terms, covenants and conditions hereafter set forth, the parties hereto mutually agree as follows: 1. GRANT OF OPTION: Subject to the conditions set forth in this Amendment to Option Lease, the City hereby grants to Optionee an Option To Lease the Property ("Option") for the Term (as defined in Section 2 below) and in accordance with the covenants and conditions set forth in the Ground Lease. 2. OPTION TERM: Unless otherwise extended by written agreement of the parties, the term ("Term") of this Option shall commence on __________, 2018 ("Commencement Date") and shall expire at 5:00p.m. on __________, 20__; provided, however, Optionee, in its sole and absolute discretion, may extend the dates for completion of the conditions in Section 5 below and elsewhere herein and the Term of this Agreement by up to Eighteen (18) Months, if Optionee has reached the fundraising thresholds specified in Section 5 below. Optionee may exercise its right to extend this Option following (i) written request from Optionee to the City requesting such extension(s); and (ii) Optionee documenting in writing that it has reached the fundraising threshold necessary for extension. Notwithstanding any other provision of this Option, Optionee's right to exercise the Option and execute the Lease will terminate and be of no further force and effect if the conditions set forth in this Option are not timely satisfied, and the Option is not exercised, before the expiration of the Term. 3. OPTIONEE'S PROJECT: Optionee's development is a non-profit community resource center serving the needs of the local senior citizen population, including, without limitation, operation of a thrift store and cafe along with programs serving poor, infirm and otherwise vulnerable seniors. Optionee also understands that this facility is to be used as a Community Center benefitting the whole community. Optionee and the City have defined terms for City use in the Ground Lease . The Optionee may, from time to time, utilize portions of the property for revenue generating events, including, but not limited to, weddings, dances, class reunions, holiday activities and similar types of festivities. 4. OPTION AGREEMENT CONSIDERATION: Optionee shall pay to the City the sum of Ten Dollars ($10.00) as consideration for this Amendment To Option To Lease (the "Option consideration"). The Option consideration shall be paid to the City at the time Optionee executes and delivers the Option To Lease. 5. CONDITIONS PRECEDENT: Optionee will have no right to exercise the Option until it has commitments, through private donations, grants and other sources (not including city funds), for $12,000,000.00 which is 75% of the projected cost of the new center. 6. EXERCISE OF OPTION: If, at any time before the expiration of the Term or earlier termination of this Option, all of the conditions precedent to the exercise of the Option set forth in this Amendment to Option to Lease have been satisfied by the dates specified herein, the City shall prepare the Ground Lease negotiated and approved under the terms of 4.4.a Packet Pg. 101 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) this Option Amendment for execution, which preparation shall include, but is not limited to, inserting the Commencement Date, Termination Date, among other final details. Optionee may exercise the Option by delivering to the City written notice of its election to do so, accompanied by properly executed copies of the Ground Lease in duplicate, including the Lease Guaranty. IN WITNESS WHEREOF, the parties hereto have executed this Lease Option as of the date and the year first above written. CITY OF EDMONDS By:___________________________________ Printed Name: David O. Earling EDMONDS SENIOR CENTER, a non-profit corporation By:__________________________ Printed Name: Farrell B. Fleming Printed Title: Executive Director Approved as to form: CITY ATTORNEY By:_____________________________ Printed Name: Jeff Taraday Attest: CITY OF EDMONDS CITY CLERK By:__________________________ Printed Name: Scott Passey 4.4.a Packet Pg. 102 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) EXHIBIT A Property Description Parcel Number 27032300104200 Property Address: 220 Railroad Ave., Edmonds, WA 98020-4133 Property Description 4.4.a Packet Pg. 103 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) Exhibit B GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER 4.4.a Packet Pg. 104 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) TABLE OF CONTENTS LIST OF EXHIBITS.....................................................................................................................ii GROUND LEASE......................................................................................................................... 3 SECTION 1. AGREEMENT TO LEASE PROPERTY .......................................................... 3 SECTION 2. TERM..................................................................................................................... 4 SECTION 3. RENT ..................................................................................................................... 4 SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS. ............................................... 5 SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 7 SECTION 6. INDEMNITY, INSURANCE ............................................................................... 9 SECTION 7. DEFAULT. ........................................................................................................... 12 SECTION 8. REPRESENTATIONS ....................................................................................... 13 SECTION 9. GENERAL PROVISIONS................................................................................. 14 4.4.a Packet Pg. 105 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) LIST OF EXIBITS EXHIBIT A Property Description EXHIBIT B Access and Parking Easement EXHIBIT C Utility Easement 4.4.a Packet Pg. 106 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 1 GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER THIS GROUND LEASE (this "Lease"), effective the ____day of _________, 201_ ("Effective Date") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the "Senior Center"). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008 (the “2008 Lease”), the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in the 2008 Lease. WHEREAS, the 2008 Lease encompasses a portion of the real property that is subject to this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Property. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the "Property"). The Property is the ____ square foot area upon which the Senior Center is to construct its Edmonds Waterfront Center Building (the “Building”) . 1.1.1 Access and Parking Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over and across the real property legally described in and on the terms and conditions set forth in Exhibit B (the “Access and Parking Easement”) for ingress, egress and parking for the Property. Nothing herein or in the Access and Parking Easement shall prevent the City from signing and regulating the parking lot to make it time-limited, to reserve certain spots for electric vehicles, or to make other similar modifications to the way the parking lot is used. Senior Center shall make reasonable efforts to ensure that its rental activities do not overburden the parking lot, particularly during daylight hours. Such reasonable efforts may include the use of valet parking, the use shuttle buses from an off-site parking location, and/or other means, PROVIDED THAT the determination as to whether such means are necessary, and, if so, which to employ, shall be mutually agreeable and subject to the dispute resolution process in Section 9.18, in the event that the parties cannot agree. 1.1.2 Utility Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over, under and across the real property legally 4.4.a Packet Pg. 107 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 2 described in and on the terms and conditions set forth in Exhibit C (the “Utility Easement”) to allow utility connections to and from the Property. 1.2 Use of the Property. 1.2.1 Allowed Uses of the Property by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the “Edmonds Waterfront Center” serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue-generating activities including, but not limited to, rentals, events and the operation of a thrift store and cafe, provided that all revenues generated therefrom shall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds shall be given access to the Building so it may offer recreational and other programs to the public. Except for the thrift shop and café areas, the City will be allowed first-priority use of the Building Monday through Thursday, 4:00pm – close. The Senior Center shall have first-priority use of the Building at all other times. The City and Senior Center agree to meet on a regular on-going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party's program needs during that party's first-priority time periods. At these meetings each party shall offer its remaining unprogrammed first-priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the Property are a public park and shall remain open to the public subject to the City's reasonable regulations relate to uses, hours, etc. 1.2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building (i.e. utilities, site monitor, cleaning, etc.). SECTION 2. TERM 2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on ______, 201_, and terminating on ________, 20_, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years 2.2.1 Conditions of Extension. In order for the Senior Center to extend the Lease Term, it shall (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) it shall provide written Notice of its Lease Extension at least one hundred eighty (180) days prior to the Termination of the Lease Term. 4.4.a Packet Pg. 108 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 3 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center's operation of the Senior CenterBuilding upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the Senior Center's mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS 4.1 Construction of Improvements. The Senior Center and City are, through this Lease, undertaking respective obligations to design, construct and maintain various improvements, which improvements will be jointly used as described in this Lease and its attached exhibits. Unless expressly stated otherwise, the Senior Center shall be obligated to design, construct, and maintain, at its sole expense, the Building and all other improvements that are to be located on the Property. Unless expressly stated otherwise, as, for example, in Section 4.4, the City shall be obligated to design, construct, and maintain, at its sole expense, the parking lot, frontage improvements, and all other improvements contemplated herein that are not to be located on the Property. These respective obligations are described in more detail below. 4.1.1 City Approval and Ownership. Senior Center shall undertake no demolition, construction, remodeling, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fund for the contemplated Work ), the intended uses of the Property as described in Section 1.2, as well as the Property's impacts upon the adjacent park. The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. 4.1.1.1 In addition to the need to obtain the consent required above, no later than 4.4.a Packet Pg. 109 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 4 21 days prior to commencing any Work on the Property, Senior Center shall also obtain a temporary construction easement from the City to the extent that any portion of the City’s other property (outside the boundaries of the Property) will need to be used for construction purposes related to the Work. The City shall cooperate with the Senior Center in the negotiation and execution of the temporary construction easement and shall not unreasonably withhold its issuance. The temporary construction easement shall address, among other factors, the means, methods, and timing for coordinating the Senior Center’s Work with the City’s Work, if the City has a contemporaneous construction project, as it will during the construction of the Building. Any deviation from approved plans must also be approved, in writing, by the City. 4.1.1.2 Improvements constructed by the Senior Center during the term of this Lease shall be considered the Senior Center's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. 4.1.1.3 The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider and may opt to hold one or more public hearings on the schematic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The Senior Center will also bring forth the design development phase drawings of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. 4.1.1.4 In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary governmental permits. Senior Center must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Schedule. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perform the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently performed thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of 4.4.a Packet Pg. 110 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 5 failure by the City to allow Senior Center's construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman-like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as-built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Maintenance. At all times during the Lease Term and any Extension Term, Senior Center shall reasonably keep and maintain the Building and other improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Building and other improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Building and other improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch at the sole cost of the Senior Center. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Building and other improvements before an Extension Term of the Lease commences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. Senior Center must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Senior Center's planned use of the Property. Notwithstanding Section 4.1, Senior Center shall be solely responsible for the cost of designing, constructing and extending any necessary utility lines from the right of way or adjacent properties into the Property even though much of this work will occur outside of the Property. Senior Center shall be solely 4.4.a Packet Pg. 111 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 6 responsible for meeting and securing all permits and for meeting all requirements necessary to achieve all of the above, including the payment of any required permit fees and/or connection fees. If the parties cannot agree upon terms for the means, methods, and timing related to the construction of the utilities described above, or if any conflict arises during construction, the City shall have the right to have its contractor construct the Senior CenterBuilding’s utilities, or any portion thereof. If the City elects to undertake such construction, it will still be done at the Senior Center’s sole cost and invoices for such construction shall be paid within no later than 30 days of receipt. 4.5 Signs. Any signs erected by Senior Center must comply with all local sign ordinances. To the extent that any signs for the Edmonds Waterfront Center will be located outside of the Property, e.g., on the parking lot property, Senior Center must obtain permission from the City as to the location of such signs. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. Senior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to Senior Center performing all of Senior Center's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment provision shall apply to senior Senior center's Center's sub lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed and the report provided to Senior Center or Senior Center's commencement of construction, whichever occurs first, Senior Center accepts the Property in "AS IS" condition, upon taking possession. 5.4 Parking Lot and Frontage Improvements Design, Construction and Repair Obligations. 5.4.1 Parking Lot and Frontage Improvements Design. The City and Senior Center shall work together to design a Parking Lot and Frontage Improvements that meet the requirements for the shared use by the Edmonds Waterfront Center and the City's Regional Park 4.4.a Packet Pg. 112 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 7 facilities. The total number of parking spaces incorporated into the design for the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the Edmonds Waterfront Center activities and the City's Regional Park activities. The Parking Lot and Frontage Improvements shall be located outside the boundaries of the Property on the City’s abutting property. The costs of planning and design of the Parking Lot and Frontage Improvements shall be paid by the City. 5.4.2 Parking Lot and Frontage Improvements Construction. The City shall design, permit, procure and engage a general contractor and pay the cost of construction of the Parking Lot and Frontage Improvements adjacent to and which serves the Property and the City’s regional park according to the design plans as provided to Senior Center in Section 5.4.1, above. The Parking Lot and Frontage Improvements must be constructed in coordination with Senior Center's construction of the Edmonds Waterfront Center Building so that it is substantially complete before the Building and related improvements are occupied. 5.4.3 Parking Lot and Frontage Improvements Maintenance and Repair. The City shall have full responsibility for repair, maintenance and any capital improvements required for the Parking Lot and Frontage Improvements after its initial construction, except for work associated with the Senior CenterBuilding’s utilities, which shall be the Senior Center’s responsibility. The City shall undertake regular inspections of the Parking Lot and Frontage Improvements consistent for a property of that type and implement necessary and appropriate maintenance activities at reasonable intervals to keep the Parking Lot and Frontage Improvements in good condition. When capital renovations are required to restore the Parking Lot and/or Frontage Improvements to good condition during the Lease Term, the City shall undertake such capital improvements. 5.4.4 Beach Restoration and Walkway. The City has other areas of its regional park that are located adjacent to the Property. Two of these other areas are the City beach and the City walkway. The City is undertaking a beach restoration project for its regional Park area and it shall complete that restoration project, and walkway completion and pay the cost thereof. The City shall also complete the design, permitting, construction of and payment for the City walkway project adjacent to the Property, and any other contemplated improvements not located on the Property. 5.4.5 Senior CenterThe Building's Location within Regional Park Grounds and Park Maintenance Responsibility. The Property is owned by the City and is adjacent to a City-owned regional park. The City shall define maintenance standards and intervals for the grounds adjacent to the Property, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Senior Center facilityBuilding on the Property). This park area will be within the control of the City. The Senior Center acknowledges that, as a public park, the grounds adjacent to the Property likely constitute a public forum for First Amendment purposes and that there may be circumstances in which the City may need to allow constitutionally protected activity to occur on the site adjacent to the Property. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds for damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds, or any other area outside the Property, unless it has obtained the applicable event permit or reservation from the City. SECTION 6. INDEMNITY, INSURANCE 4.4.a Packet Pg. 113 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 8 6.1 General Indemnity. Upon the Commencement Date of this Lease, the Senior Center agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center's use of the Property or the Parking Lot, or from the conduct of Senior Center's business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or about the Property or the Parking Lot, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property or the Parking Lot by the Senior Center; any condition created in, on or about the Property or the Parking Lot by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property or the Parking Lot after the Effective Date; any breach, violation, or nonperformance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property or the Parking Lot. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or invitees on the Property or the Parking Lot. As used herein, the indemnification provided by the Senior Center is intended to include indemnification for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 Insurance Requirements. The Senior Center shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Senior CenterBuilding's operation and use of the Property or the Parking Lot. Senior Center's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Senior Center to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to 4.4.a Packet Pg. 114 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 9 the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance shall not be canceled without City consent. The City shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property or the Parking Lot, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way be construed by the carrier to make the City liable for payment of any of Senior Center's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center's insurance and shall not contribute with it. 6.2.4 Company Ratings. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days written notice to Senior Center, require Senior Center to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, Senior Center shall provide and maintain the following types of coverage: 6.3.1 Commercial General Liability Insurance. Senior Center shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of Senior Center and the City, insuring Senior Center and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or the Parking Lot or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. Senior Center shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property or the Parking Lot. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Automobile Liability Insurance. Senior Center shall maintain for all of 4.4.a Packet Pg. 115 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 10 Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot an occurrence form automobile liability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non- owned vehicles on and around the Property or the Parking Lot. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence. 6.3.4 Workers' Compensation Insurance. Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot, including coverage for Employer's Liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars ($1,000,000) per accident above the self-insured retention. Senior Center has indicated that none of its employees will be on the Property or the Parking Lot since Senior Center intends to hire a management company to oversee the Property or the Parking Lot. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property or the Parking Lot and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in full force and effect during construction of Senior Center's facility described in this Lease, Builders Risk insurance covering interests of the Senior Center, the City, the Contractor, Subcontractors, and Sub- subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property or the Parking Lot; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work. 6.4 Waiver of Subrogation. Senior Center and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days' notice of such determination and Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements 4.4.a Packet Pg. 116 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 11 for senior center facilitiesthe Building or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days' notice to the Senior Center to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION7. DEFAULT 7.1 Senior Center Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1.1 Vacating the Property. The vacating or abandonment of the Property by the Senior Center for more than thirty (30) days. 7.1.1.2 Failure to Pay Rent. The failure by the Senior Center to make any payment of rent or any other payment required to be made by the Senior Center under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. 7.1.1.3 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the Senior Center, specifically including, without limitation, the Senior Center's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if the nature of the Senior Center's default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Remedies in Default. In the event of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the Senior Center's right to possession of the Property by providing written notice of at least thirty (30) days; 4.4.a Packet Pg. 117 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 12 7.1.2.2 Continue the Lease. Maintain the Senior Center's right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord's right and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner by reason of the Senior Center's default or breach. 7.1.3 Legal Expenses. If either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or claim in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, terms or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive from the other party all costs incurred by prevailing party, including reasonable attorney's fees. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the Senior Center to the City provided, that if the nature of the City's obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESENTATIONS 8.1 Representations of Senior Center. 8.1.1 Senior Center is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 Senior Center's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center's legal, valid and binding obligations, enforceable against Senior Center in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of Senior Center's Articles of lncorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center's authority or right to enter into 4.4.a Packet Pg. 118 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 13 this Lease or perform the obligations specified in the Lease. 8.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with Senior Center and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by Senior Center to the City. 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: 4.4.a Packet Pg. 119 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 14 The City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Attn: City Clerk And to Senior Center at: Edmonds Senior Center P.O. Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non-waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or Senior Center's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 4.4.a Packet Pg. 120 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 15 9.10 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Engagement of Brokers. Senior Center and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 9.18 Non-Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non- binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendation. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety; provided, however, the 2008 Lease shall remain in place, operative and complimentary to the Ground Lease until demolition is commenced on the current Senior Center Building located at 220 Railroad Avenue, Edmonds, WA. 4.4.a Packet Pg. 121 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 16 9.20 Recording. A Memorandum of this Lease may be recorded after execution by the Parties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and Senior Center relating to Senior Center's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: EDMONDS SENIOR CENTER ________________________________________ By: ____________________________________ Its: ____________________________________ LESSOR: THE CITY OF EDMONDS _______________________________________ By: David Earling As its Mayor APPROVED AS TO FORM: ________________________________________ By: Jeff Taraday City Attorney APPROVED BY CITY COUNCIL ON: ATTEST: _______________________________________ City Clerk 4.4.a Packet Pg. 122 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 17 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington My commission expires: STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the President of the Edmonds Senior Center, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington My commission expires: 4.4.a Packet Pg. 123 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 18 -------------------------------------------- EXHIBIT A Property Description Property Description -------AT R/ A FR TPB TH SELY TPB BOTH PER WD 683-545 2/23/73 --------- 4.4.a Packet Pg. 124 Attachment: 2018-11-18 post packet revisions to option and lease for adoption (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 125 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 126 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 127 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 128 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 129 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 130 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 131 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 132 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 133 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 134 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 135 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 136 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 137 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 138 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 139 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 140 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 141 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 142 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 143 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 144 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 145 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 146 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 147 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) 4.4.b Packet Pg. 148 Attachment: Sr. Ctr-Op to Lease-Ground Lease (Senior Center Lease Amendment Proposal) AMENDMENT TO OPTION TO LEASE THIS AMENDMENT TO OPTION TO LEASE (this "Option Amendment") is made and entered into as of this ____ day of _________, 2018, by and between the CITY OF EDMONDS, a municipal corporation organized under the laws of the State of Washington, (the "City"), and the EDMONDS SENIOR CENTER, a non-profit corporation organized under the laws of the State of Washington, (the "Optionee"). RECITALS WHEREAS, the strong and enduring partnership of the City and the Senior Center began in 1967 with the establishment of the Edmonds Senior Center on the present waterfront site, enabling the City to acquire the Senior Center property in 1973; the parties’ collaboration having resulted in the service to the seniors of Edmonds and the region with robust activities and programs for the last 50 years. WHEREAS, the City’s Strategic Action Plan of March 26, 2013, in Action 3a.1, defines this strategic objective of “Develop a long-term solution for maintaining and updating the Senior Center,” and gave the lead roles to the Senior Center and the City’s Parks, Recreation, and Cultural Services Department, and by so doing authorized the Senior Center to develop and implement the plan to construct the Edmonds Waterfront Center on the waterfront site. WHEREAS, on January 30, 2015, Optionee and the City entered into an Option To Lease certain real property from the City for development and operation of a Senior Center and related uses (the “Original Option To Lease”), which had lease terms and conditions specified for a ground lease between the parties (the proposed “Initial Ground Lease"); and WHEREAS, Optionee and the City currently have a lease for the Property whereby the Optionee leases the Property and an existing building for a remaining term until 2020 together with two five-year extension periods (the "Current Lease"). WHEREAS, the Current Lease would have been superseded by the proposed Initial Ground Lease which was the subject of the Option entered into by the parties. WHEREAS, through this Option Amendment and appended Ground Lease, Optionee and the City desire to modify certain terms and conditions of the Original Option To Lease and the proposed Ground Lease as well as the area of real property that will be the subject of the Ground Lease and that would be exercised through the Option. WHEREAS, the revised legal description of the property that will be the subject of the Ground Lease is attached hereto as Exhibit A (the “Property”) and the Ground Lease that specifies the modified terms and conditions to be entered into when the Option is exercised is attached hereto as Exhibit B. 4.4.c Packet Pg. 149 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) NOW, THEREFORE, in consideration of the performance and observance of the terms, covenants and conditions hereafter set forth, the parties hereto mutually agree as follows: 1. GRANT OF OPTION: Subject to the conditions set forth in this Amendment to Option Lease, the City hereby grants to Optionee an Option To Lease the Property ("Option") for the Term (as defined in Section 2 below) and in accordance with the covenants and conditions set forth in the Ground Lease. 2. OPTION TERM: Unless otherwise extended by written agreement of the parties, the term ("Term") of this Option shall commence on __________, 2018 ("Commencement Date") and shall expire at 5:00p.m. on __________, 20__; provided, however, Optionee, in its sole and absolute discretion, may extend the dates for completion of the conditions in Section 5 below and elsewhere herein and the Term of this Agreement by up to Eighteen (18) Months, if Optionee has reached the fundraising thresholds specified in Section 5 below. Optionee may exercise its right to extend this Option following (i) written request from Optionee to the City requesting such extension(s); and (ii) Optionee documenting in writing that it has reached the fundraising threshold necessary for extension. Notwithstanding any other provision of this Option, Optionee's right to exercise the Option and execute the Lease will terminate and be of no further force and effect if the conditions set forth in this Option are not timely satisfied, and the Option is not exercised, before the expiration of the Term. 3. OPTIONEE'S PROJECT: Optionee's development is a non-profit community resource center serving the needs of the local senior citizen population, including, without limitation, operation of a thrift store and cafe along with programs serving poor, infirm and otherwise vulnerable seniors. Optionee also understands that this facility is to be used as a Community Center benefitting the whole community. Optionee and the City have defined terms for City use in the Ground Lease . The Optionee may, from time to time, utilize portions of the property for revenue generating events, including, but not limited to, weddings, dances, class reunions, holiday activities and similar types of festivities. 4. OPTION AGREEMENT CONSIDERATION: Optionee shall pay to the City the sum of Ten Dollars ($10.00) as consideration for this Amendment To Option To Lease (the "Option consideration"). The Option consideration shall be paid to the City at the time Optionee executes and delivers the Option To Lease. 5. CONDITIONS PRECEDENT: Optionee will have no right to exercise the Option until it has commitments, through private donations, grants and other sources (not including city funds), for $12,000,000.00 which is 75% of the projected cost of the new center. 6. EXERCISE OF OPTION: If, at any time before the expiration of the Term or earlier termination of this Option, all of the conditions precedent to the exercise of the Option set forth in this Amendment to Option to Lease have been satisfied by the dates specified herein, the City shall prepare the Ground Lease negotiated and approved under the terms of this Option Amendment for execution, which preparation shall include, but is not limited to, 4.4.c Packet Pg. 150 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) inserting the Commencement Date, Termination Date, among other final details. Optionee may exercise the Option by delivering to the City written notice of its election to do so, accompanied by properly executed copies of the Ground Lease in duplicate, including the Lease Guaranty. IN WITNESS WHEREOF, the parties hereto have executed this Lease Option as of the date and the year first above written. CITY OF EDMONDS By:___________________________________ Printed Name: David O. Earling EDMONDS SENIOR CENTER, a non-profit corporation By:__________________________ Printed Name: Farrell B. Fleming Printed Title: Executive Director Approved as to form: CITY ATTORNEY By:_____________________________ Printed Name: Jeff Taraday Attest: CITY OF EDMONDS CITY CLERK By:__________________________ Printed Name: Scott Passey 4.4.c Packet Pg. 151 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) EXHIBIT A Property Description Parcel Number 27032300104200 Property Address: 220 Railroad Ave., Edmonds, WA 98020-4133 Property Description 4.4.c Packet Pg. 152 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) Exhibit B GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER 4.4.c Packet Pg. 153 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) TABLE OF CONTENTS LIST OF EXHIBITS.....................................................................................................................ii GROUND LEASE......................................................................................................................... 3 SECTION 1. AGREEMENT TO LEASE PROPERTY .......................................................... 3 SECTION 2. TERM..................................................................................................................... 4 SECTION 3. RENT ..................................................................................................................... 4 SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS. ............................................... 5 SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 7 SECTION 6. INDEMNITY, INSURANCE ............................................................................... 9 SECTION 7. DEFAULT. ........................................................................................................... 12 SECTION 8. REPRESENTATIONS ....................................................................................... 13 SECTION 9. GENERAL PROVISIONS................................................................................. 14 4.4.c Packet Pg. 154 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) LIST OF EXIBITS EXHIBIT A Property Description EXHIBIT B Access and Parking Easement EXHIBIT C Utility Easement 4.4.c Packet Pg. 155 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 1 GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER THIS GROUND LEASE (this "Lease"), effective the ____day of _________, 201_ ("Effective Date") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the "Senior Center"). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008 (the “2008 Lease”), the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in the 2008 Lease. WHEREAS, the 2008 Lease encompasses a portion of the real property that is subject to this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Property. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the "Property"). The Property is the ____ square foot area upon which the Senior Center is to construct its Edmonds Waterfront Center Building (the “Building”) . 1.1.1 Access and Parking Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over and across the real property legally described in and on the terms and conditions set forth in Exhibit B (the “Access and Parking Easement”) for ingress, egress and parking for the Property. Nothing herein or in the Access and Parking Easement shall prevent the City from signing and regulating the parking lot to make it time-limited, to reserve certain spots for electric vehicles, or to make other similar modifications to the way the parking lot is used. Senior Center shall make reasonable efforts to ensure that its rental activities do not overburden the parking lot, particularly during daylight hours. Such reasonable efforts may include the use of valet parking, the use shuttle buses from an off-site parking location, and/or other means, PROVIDED THAT the determination as to whether such means are necessary, and, if so, which to employ, shall be mutually agreeable and subject to the dispute resolution process in Section 9.18, in the event that the parties cannot agree. 1.1.2 Utility Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over, under and across the real property legally 4.4.c Packet Pg. 156 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 2 described in and on the terms and conditions set forth in Exhibit C (the “Utility Easement”) to allow utility connections to and from the Property. 1.2 Use of the Property. 1.2.1 Allowed Uses of the Property by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the “Edmonds Waterfront Center” serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue-generating activities including, but not limited to, rentals, events and the operation of a thrift store and cafe, provided that all revenues generated therefrom shall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds shall be given access to the Building so it may offer recreational and other programs to the public. Except for the thrift shop and café areas, the City will be allowed first-priority use of the Building Monday through Thursday, 4:00pm – close. The Senior Center shall have first-priority use of the Building at all other times. The City and Senior Center agree to meet on a regular on-going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party's program needs during that party's first-priority time periods. At these meetings each party shall offer its remaining unprogrammed first-priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the Property are a public park and shall remain open to the public subject to the City's reasonable regulations relate to uses, hours, etc. 1.2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building (i.e. utilities, site monitor, cleaning, etc.). SECTION 2. TERM 2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on ______, 201_, and terminating on ________, 20_, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years 2.2.1 Conditions of Extension. In order for the Senior Center to extend the Lease Term, it shall (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) it shall provide written Notice of its Lease Extension at least one hundred eighty (180) days prior to the Termination of the Lease Term. 4.4.c Packet Pg. 157 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 3 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center's operation of the Senior Center upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the Senior Center's mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS 4.1 Construction of Improvements. The Senior Center and City are, through this Lease, undertaking respective obligations to design, construct and maintain various improvements, which improvements will be jointly used as described in this Lease and its attached exhibits. Unless expressly stated otherwise, the Senior Center shall be obligated to design, construct, and maintain, at its sole expense, the Building and all other improvements that are to be located on the Property. Unless expressly stated otherwise, as, for example, in Section 4.4, the City shall be obligated to design, construct, and maintain, at its sole expense, the parking lot, frontage improvements, and all other improvements contemplated herein that are not to be located on the Property. These respective obligations are described in more detail below. 4.1.1 City Approval and Ownership. Senior Center shall undertake no demolition, construction, remodeling, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fund for the contemplated Work ), the intended uses of the Property as described in Section 1.2, as well as the Property's impacts upon the adjacent park. The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. 4.1.1.1 In addition to the need to obtain the consent required above, no later than 4.4.c Packet Pg. 158 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 4 21 days prior to commencing any Work on the Property, Senior Center shall also obtain a temporary construction easement from the City to the extent that any portion of the City’s other property (outside the boundaries of the Property) will need to be used for construction purposes related to the Work. The City shall cooperate with the Senior Center in the negotiation and execution of the temporary construction easement and shall not unreasonably withhold its issuance. The temporary construction easement shall address, among other factors, the means, methods, and timing for coordinating the Senior Center’s Work with the City’s Work, if the City has a contemporaneous construction project, as it will during the construction of the Building. Any deviation from approved plans must also be approved, in writing, by the City. 4.1.1.2 Improvements constructed by the Senior Center during the term of this Lease shall be considered the Senior Center's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. 4.1.1.3 The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider and may opt to hold one or more public hearings on the schematic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The Senior Center will also bring forth the design development phase drawings of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. 4.1.1.4 In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary governmental permits. Senior Center must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Schedule. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perform the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently performed thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of 4.4.c Packet Pg. 159 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 5 failure by the City to allow Senior Center's construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman-like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as-built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Maintenance. At all times during the Lease Term and any Extension Term, Senior Center shall reasonably keep and maintain the Building and other improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Building and other improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Building and other improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch at the sole cost of the Senior Center. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Building and other improvements before an Extension Term of the Lease commences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. Senior Center must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Senior Center's planned use of the Property. Notwithstanding Section 4.1, Senior Center shall be solely responsible for the cost of designing, constructing and extending any necessary utility lines from the right of way or adjacent properties into the Property even though much of this work will occur outside of the Property. Senior Center shall be solely 4.4.c Packet Pg. 160 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 6 responsible for meeting and securing all permits and for meeting all requirements necessary to achieve all of the above, including the payment of any required permit fees and/or connection fees. If the parties cannot agree upon terms for the means, methods, and timing related to the construction of the utilities described above, or if any conflict arises during construction, the City shall have the right to have its contractor construct the Senior Center’s utilities, or any portion thereof. If the City elects to undertake such construction, it will still be done at the Senior Center’s sole cost and invoices for such construction shall be paid within no later than 30 days of receipt. 4.5 Signs. Any signs erected by Senior Center must comply with all local sign ordinances. To the extent that any signs for the Edmonds Waterfront Center will be located outside of the Property, e.g., on the parking lot property, Senior Center must obtain permission from the City as to the location of such signs. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. Senior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to Senior Center performing all of Senior Center's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment provision shall apply to senior center's sub lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed and the report provided to Senior Center or Senior Center's commencement of construction, whichever occurs first, Senior Center accepts the Property in "AS IS" condition, upon taking possession. 5.4 Parking Lot and Frontage Improvements Design, Construction and Repair Obligations. 5.4.1 Parking Lot and Frontage Improvements Design. The City and Senior Center shall work together to design a Parking Lot and Frontage Improvements that meet the requirements for the shared use by the Edmonds Waterfront Center and the City's Regional Park 4.4.c Packet Pg. 161 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 7 facilities. The total number of parking spaces incorporated into the design for the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the Edmonds Waterfront Center activities and the City's Regional Park activities. The Parking Lot and Frontage Improvements shall be located outside the boundaries of the Property on the City’s abutting property. The costs of planning and design of the Parking Lot and Frontage Improvements shall be paid by the City. 5.4.2 Parking Lot and Frontage Improvements Construction. The City shall design, permit, procure and engage a general contractor and pay the cost of construction of the Parking Lot and Frontage Improvements adjacent to and which serves the Property and the City’s regional park according to the design plans as provided to Senior Center in Section 5.4.1, above. The Parking Lot and Frontage Improvements must be constructed in coordination with Senior Center's construction of the Edmonds Waterfront Center Building so that it is substantially complete before the Building and related improvements are occupied. 5.4.3 Parking Lot and Frontage Improvements Maintenance and Repair. The City shall have full responsibility for repair, maintenance and any capital improvements required for the Parking Lot and Frontage Improvements after its initial construction, except for work associated with the Senior Center’s utilities, which shall be the Senior Center’s responsibility. The City shall undertake regular inspections of the Parking Lot and Frontage Improvements consistent for a property of that type and implement necessary and appropriate maintenance activities at reasonable intervals to keep the Parking Lot and Frontage Improvements in good condition. When capital renovations are required to restore the Parking Lot and/or Frontage Improvements to good condition during the Lease Term, the City shall undertake such capital improvements. 5.4.4 Beach Restoration and Walkway. The City has other areas of its regional park that are located adjacent to the Property. Two of these other areas are the City beach and the City walkway. The City is undertaking a beach restoration project for its regional Park area and it shall complete that restoration project, and walkway completion and pay the cost thereof. The City shall also complete the design, permitting, construction of and payment for the City walkway project adjacent to the Property, and any other contemplated improvements not located on the Property. 5.4.5 Senior Center's Location within Regional Park Grounds and Park Maintenance Responsibility. The Property is owned by the City and is adjacent to a City-owned regional park. The City shall define maintenance standards and intervals for the grounds adjacent to the Property, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Senior Center facility on the Property). This park area will be within the control of the City. The Senior Center acknowledges that, as a public park, the grounds adjacent to the Property likely constitute a public forum for First Amendment purposes and that there may be circumstances in which the City may need to allow constitutionally protected activity to occur on the site adjacent to the Property. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds for damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds, or any other area outside the Property, unless it has obtained the applicable event permit or reservation from the City. SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Lease, the Senior 4.4.c Packet Pg. 162 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 8 Center agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center's use of the Property or the Parking Lot, or from the conduct of Senior Center's business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or about the Property or the Parking Lot, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property or the Parking Lot by the Senior Center; any condition created in, on or about the Property or the Parking Lot by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property or the Parking Lot after the Effective Date; any breach, violation, or nonperformance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property or the Parking Lot. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or invitees on the Property or the Parking Lot. As used herein, the indemnification provided by the Senior Center is intended to include indemnification for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 Insurance Requirements. The Senior Center shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Senior Center's operation and use of the Property or the Parking Lot. Senior Center's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Senior Center to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance shall not be canceled without City consent. The City 4.4.c Packet Pg. 163 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 9 shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property or the Parking Lot, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way be construed by the carrier to make the City liable for payment of any of Senior Center's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center's insurance and shall not contribute with it. 6.2.4 Company Ratings. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days written notice to Senior Center, require Senior Center to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, Senior Center shall provide and maintain the following types of coverage: 6.3.1 Commercial General Liability Insurance. Senior Center shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of Senior Center and the City, insuring Senior Center and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or the Parking Lot or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. Senior Center shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property or the Parking Lot. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Automobile Liability Insurance. Senior Center shall maintain for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot an occurrence form automobile 4.4.c Packet Pg. 164 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 10 liability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non- owned vehicles on and around the Property or the Parking Lot. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence. 6.3.4 Workers' Compensation Insurance. Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot, including coverage for Employer's Liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars ($1,000,000) per accident above the self-insured retention. Senior Center has indicated that none of its employees will be on the Property or the Parking Lot since Senior Center intends to hire a management company to oversee the Property or the Parking Lot. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property or the Parking Lot and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in full force and effect during construction of Senior Center's facility described in this Lease, Builders Risk insurance covering interests of the Senior Center, the City, the Contractor, Subcontractors, and Sub- subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property or the Parking Lot; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work. 6.4 Waiver of Subrogation. Senior Center and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days' notice of such determination and Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for senior center facilities or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within 4.4.c Packet Pg. 165 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 11 thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days' notice to the Senior Center to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION7. DEFAULT 7.1 Senior Center Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1.1 Vacating the Property. The vacating or abandonment of the Property by the Senior Center for more than thirty (30) days. 7.1.1.2 Failure to Pay Rent. The failure by the Senior Center to make any payment of rent or any other payment required to be made by the Senior Center under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. 7.1.1.3 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the Senior Center, specifically including, without limitation, the Senior Center's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if the nature of the Senior Center's default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Remedies in Default. In the event of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the Senior Center's right to possession of the Property by providing written notice of at least thirty (30) days; 4.4.c Packet Pg. 166 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 12 7.1.2.2 Continue the Lease. Maintain the Senior Center's right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord's right and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner by reason of the Senior Center's default or breach. 7.1.3 Legal Expenses. If either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or claim in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, terms or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive from the other party all costs incurred by prevailing party, including reasonable attorney's fees. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the Senior Center to the City provided, that if the nature of the City's obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESENTATIONS 8.1 Representations of Senior Center. 8.1.1 Senior Center is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 Senior Center's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center's legal, valid and binding obligations, enforceable against Senior Center in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of Senior Center's Articles of lncorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center's authority or right to enter into 4.4.c Packet Pg. 167 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 13 this Lease or perform the obligations specified in the Lease. 8.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with Senior Center and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by Senior Center to the City. 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: 4.4.c Packet Pg. 168 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 14 The City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Attn: City Clerk And to Senior Center at: Edmonds Senior Center P.O. Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non-waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or Senior Center's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 4.4.c Packet Pg. 169 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 15 9.10 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Engagement of Brokers. Senior Center and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 9.18 Non-Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non- binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendation. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety; provided, however, the 2008 Lease shall remain in place, operative and complimentary to the Ground Lease until demolition is commenced on the current Senior Center Building located at 220 Railroad Avenue, Edmonds, WA. 4.4.c Packet Pg. 170 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 16 9.20 Recording. A Memorandum of this Lease may be recorded after execution by the Parties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and Senior Center relating to Senior Center's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: EDMONDS SENIOR CENTER ________________________________________ By: ____________________________________ Its: ____________________________________ LESSOR: THE CITY OF EDMONDS _______________________________________ By: David Earling As its Mayor APPROVED AS TO FORM: ________________________________________ By: Jeff Taraday City Attorney APPROVED BY CITY COUNCIL ON: ATTEST: _______________________________________ City Clerk 4.4.c Packet Pg. 171 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 17 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington My commission expires: STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that ________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the President of the Edmonds Senior Center, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington My commission expires: 4.4.c Packet Pg. 172 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) 18 -------------------------------------------- EXHIBIT A Property Description Property Description -------AT R/ A FR TPB TH SELY TPB BOTH PER WD 683-545 2/23/73 --------- 4.4.c Packet Pg. 173 Attachment: 2018-11-14 clean option and lease (Senior Center Lease Amendment Proposal) AMENDMENT TO OPTION TO LEASE THIS AMENDMENT TO OPTION TO LEASE (this “"Option”) Amendment") is made and entered into as of this 28th____ day of January, 2015_________, 2018, by and between the CITY OF EDMONDS, a municipal corporation organized under the laws of the State of Washington, ( the "City"), and the EDMONDS SENIOR CENTER, a non--profit corporation organized under the laws of the State of Washington, (the "Optionee"). RECITALS WHEREAS, the strong and enduring partnership of the City and the Senior Center began in 1967 with the establishment of the Edmonds Senior Center on the present waterfront site, enabling the City to acquire the Senior Center property in 1973; the parties’ collaboration having resulted in the service to the seniors of Edmonds and the region with robust activities and programs for the last 50 years. WHEREAS, the City’s Strategic Action Plan of March 26, 2013, in Action 3a.1, defines this strategic objective of “Develop a long-term solution for maintaining and updating the Senior Center,” and gave the lead roles to the Senior Center and the City’s Parks, Recreation, and Cultural Services Department, and by so doing authorized the Senior Center to develop and implement the plan to construct the Edmonds Waterfront Center on the waterfront site. WHEREAS, on January 30, 2015, Optionee desires to obtainand the City entered into an Option To Lease certain real property from the City, for development and operation of a Senior Center and related uses (the “Original Option To Lease”), which is legally described in Exhibit A, attached hereto (the “Property”), and whichhad lease terms and conditions are specified in the for a ground lease between the parties (the proposed “Initial Ground Lease attached hereto as Exhibit B the “Ground Lease”);"); and WHEREAS, Optionee and the City currently have a lease for the Property whereby the Optionee leases the Property and an existing building for a remaining term until 2020 together with two five-year extension periods (the “"Current Lease”)."). WHEREAS, the Current Lease would behave been superseded by the proposed Initial Ground Lease which iswas the subject of the Option entered into by the parties. WHEREAS, through this Option Amendment and appended Ground Lease, Optionee and the City is willingdesire to enter into anmodify certain terms and conditions of the Original Option To Lease the and the proposed Ground Lease as well as the area of real property that will be the subject of the Ground Lease and that would be exercised through the Option. Style Definition ... Formatted: Font: 12 pt, Bold, Font color: Text 1, Not Expanded by / Condensed by Formatted: Normal, Centered, Level 1, Indent: Left: 2.56", Right: 2.57", Space Before: 3.2 pt, Tab stops: Not at 3.3" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Not Expanded by / Condensed by Formatted: Left, Space Before: 0.2 pt, Hyphenate, Tab stops: Not at -0.5" Formatted: Indent: Left: 0.09", First line: 0.5", Right: 0.58", Hyphenate, Tab stops: Not at -0.5" Formatted ... Formatted: Left, Space Before: 0.3 pt, Hyphenate, Tab stops: Not at 3.3" Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1, Not Expanded by / Condensed by Formatted: Level 1, Indent: Left: 2.89",Right: 2.91", Hyphenate, Tab stops: Not at 3.3" Formatted: Left, Space Before: 0.4 pt, Hyphenate, Tab stops: Not at -0.5" Formatted ... Formatted: Indent: Left: 0.08", First line: 0.5", Right: 0.58", Hyphenate, Tab stops:Not at -0.5" Formatted ... Formatted: Left, Space Before: 0.45 pt, Hyphenate, Tab stops: Not at -0.5" Formatted: Indent: Left: 0.08", First line: 0.51", Right: 0.58", Hyphenate, Tab stops: Not at -0.5" Formatted ... Formatted: Left, Space Before: 0.2 pt, Hyphenate, Tab stops: Not at -0.5" Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 174 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) WHEREAS, the revised legal description of the property that will be the subject of the Ground Lease is attached hereto as Exhibit A (the “Property”) and the Ground Lease that specifies the modified terms and conditions to Optionee for development and operation of a Senior Center and related usesbe entered into when the Option is exercised is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the performance and observance of the terms, covenants and conditions hereafter set forth, the parties hereto mutually agree as follows: 1. GRANT OF OPTION: Subject to the conditions set forth in this Amendment to Option Lease, the City hereby grants to Optionee an Option To Lease the Property (“("Option”)") for the Term (as defined in Section 2 below) and in accordance with the covenants and conditions set forth in the Ground Lease. 2. 2. OPTION TERM: Unless otherwise extended by written agreement of the parties, the term (“("Term”)") of this Option shall commence on February 1, 2015 (“__________, 2018 ("Commencement Date”)") and shall expire at 5:00 p00p.m. on June 30, 2019;__________, 20__; provided, however, Optionee, in its sole and absolute discretion, may extend the dates for completion of the conditions in Section 5 below and elsewhere herein and the Term of this Agreement by up to Eighteen (18) Months, if Optionee has reached the fundraising thresholds specified in Section 5 below. Optionee may exercise its right to extend this Option following (i) written request from Optionee to the City requesting such extension(s); and (ii) Optionee documenting in writing that it has reached the fundraising threshold necessary for extension. Notwithstanding any other provision of this Option, Optionee’sOptionee's right to exercise the Option and execute the Lease will terminate and be of no further force and effect if the conditions set forth in this Option are not timely satisfied, and the Option is not exercised, before the expiration of the Term. 3. OPTIONEE’S OPTIONEE'S PROJECT: Optionee’sOptionee's development is a non-profit community resource center serving the needs of the local senior citizen population, including, without limitation, operation of a thrift store and café cafe along with programs serving poor, infirm and otherwise vulnerable seniors. Optionee also understands that this facility is to be used as a Community Center benefitting the whole community. Optionee and the City will definehave defined terms for City use in the Ground Lease Agreement.. The Optionee may, from time to time, utilize portions of the property for revenue generating events, including, but not limited to, weddings, dances, class reunions, holiday activities and similar types of festivities. 4. OPTION AGREEMENT CONSIDERATION: Optionee shall pay to the City the sum of Ten Dollars ($10.00) as consideration for this Amendment To Option To Lease (the “"Option consideration”). "). The Option consideration shall be paid to the City at the time Optionee executes and delivers the Option To Lease. 5. CONDITIONS PRECEDENT: Optionee will have no right to exercise the Option until it has commitments, through private donations, grants and other sources (not Formatted: Indent: Left: 0.09", First line: 0.5", Right: 0.58", Hyphenate, Tab stops: Not at -0.5" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Space Before: 0.9 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Justified, Indent: Left: 0.1", Right: 0.49" Formatted ... 4.4.d Packet Pg. 175 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) including city funds), for $7,462,50012,000,000.00 which is 75% of the projected cost of the new center and parking lot. . 6. EXERCISE OF OPTION: If, at any time before the expiration of the Term or earlier termination of this Option, all of the conditions precedent to the exercise of the Option set forth in this Amendment to Option to Lease have been satisfied by the dates specified herein, the City shall prepare the Ground Lease negotiated and approved under the terms of this Option Amendment for execution, which preparation shall include, but is not limited to, inserting the Commencement Date, Termination Date, among other final details. Optionee may exercise the Option by delivering to the City written notice of its election to do so, accompanied by properly executed copies of the Ground Lease in duplicate, including the Lease Guaranty. IN WITNESS WHEREOF, the parties hereto have executed this Lease Option as of the date and the year first above written. CITY OF EDMONDS By: By:___________________________________ Printed Name: David O. Earling EDMONDS SENIOR CENTER, a non-profit corporation By: By:__________________________ Printed Name: Farrell B. Fleming Printed Title: Executive Director Approved as to form: CITY ATTORNEY By: By:_____________________________ Printed Name: Jeff Taraday Attest: CITY OF EDMONDS CITY CLERK By:___________________________________ By:__________________________ Printed Name:__________________________: Scott Passey Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Not Expanded by / Condensed by Formatted ... Formatted ... Formatted: Font: Times New Roman, 12pt, Not Bold, Font color: Text 1, Not Expanded by / Condensed by Formatted: Right: 0.5", Hyphenate Formatted Table Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Not Expanded by / Condensed by Formatted: Right: 0.5", Hyphenate, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.11" + 3.5" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Not Expanded by / Condensed by Formatted: Left, Indent: Left: 0", Right: 0.5", Hyphenate Formatted ... Formatted: Right: 0.5", Hyphenate Formatted ... Formatted ... Formatted ... Formatted: Right: 0.5", Hyphenate Formatted: Left, Right: 0.5", Hyphenate Formatted ... Formatted: Right: 0.5", Hyphenate Formatted ... Formatted ... Formatted: Right: 0.5", Hyphenate Formatted: Hyphenate Formatted ... Formatted: Right: 0.5", Hyphenate Formatted ... 4.4.d Packet Pg. 176 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) EXHIBIT A Property Description Parcel Number 27032300104200 Property Address Property Address: 220 RAILROAD AVE , EDMONDSRailroad Ave., Edmonds, WA 98020-4133 Property Description SEC 23 TWP 27 RGE 03BEG MT W LN GN R/W WITH S LN GOVT LOT 2 TH NELY ON SD R/W 450FT TH N49*00 00W 95.67FT M.L TO MEA LN TH S51*23 00W ON SD MEA LN 288.33FT TPB TH N51*23 00E ALG MEA LN 288.33FT THN47*32 00W 319.63FT TO INNER HARBOR LN TH S45*00 00W ON INNER HARBOR LN 250.13 FT TH S38*37 00E 287.94FT TPB TGW FDT - COM AAP ON W LN GN R/W AT INT WITH S LNGOVT LOT 2 TH NLY ALG W LN SD R/W 150FT TPB TH CONT NLY ALG SD R/W 300FT TH NWLY AT R/A FR SD R/W TO MEA LN TH SWLY ALG SD MEA LN TAP AT R/A FR TPB TH SELY TPB BOTH PER WD 683-545 2/23/73 Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Left Formatted: Left, Space Before: 0.8 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Level 1, Indent: Left: 2.89", Right: 2.85", Space Before: 1.5 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Expanded by 2.05 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Lowered by 0.5 pt Formatted: Level 1, Indent: Left: 2.57", Right: 2.53" Formatted: Left Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted Table Deleted Cells Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Character scale: 103% Formatted Table Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Character scale: 104% Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Indent: First line: 0.01", Right: 0.21" Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 4.4.d Packet Pg. 177 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) Exhibit B Formatted: Left: 1.19", Right: 1.19", Top: 1.03", Bottom: 0.19" Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left Formatted: Level 1, Indent: Left: 2.67", Right: 2.74", Space Before: 1.5 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Expanded by 1.15 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Space Before: 0.25 pt Formatted: Border: Bottom: (No border) Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Left 4.4.d Packet Pg. 178 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) Exhibit B GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Left Formatted: Font: Not Bold, Font color: Text 1, Character scale: 108%, Condensed by 0.65 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1, Character scale: 108% Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1, Character scale: 116% Formatted: Font: Not Bold, Font color: Text 1, Condensed by 0.4 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Font: Not Bold, Font color: Text 1, Expanded by 0.25 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Font: Not Bold, Font color: Text 1, Expanded by 1.9 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1, Character scale: 104% Formatted: Indent: Left: 2.02", Hanging: 0", Right: 2.06" Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1, Character scale: 104% Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Level 1, Indent: Left: 1.67", Right: 1.71", Space Before: 0.85 pt 4.4.d Packet Pg. 179 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 4.4.d Packet Pg. 180 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) TABLE OF CONTENTS LIST OF EXHIBITS ................................................................................................................ ii GROUND LEASE .................................................................................................................... 1 SECTION 1. AGREEMENT TO LEASE PROPERTY ........................................................ 1 SECTION 2. TERM ................................................................................................................ 2 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. SENIOR CENTER’S OTHER OBLIGATIONS .............................................. 3 SECTION 5. CITY AUTHORITY AND OBLIGATIONS .................................................... 5 SECTION 6. INDEMNITY, INSURANCE ............................................................................ 7 SECTION 7. DEFAULT ........................................................................................................ 10 SECTION 8. REPRESENTATIONS .................................................................................... 11 SECTION 9. GENERAL PROVISIONS .............................................................................. 12 Formatted: Level 1, Indent: Left: 2.39", Right: 2.41", Space Before: 3.85 pt 4.4.d Packet Pg. 181 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) LIST OF EXHIBITS.....................................................................................................................ii GROUND LEASE......................................................................................................................... 3 SECTION 1. AGREEMENT TO LEASE PROPERTY .......................................................... 3 SECTION 2. TERM..................................................................................................................... 4 SECTION 3. RENT ..................................................................................................................... 4 SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS. ............................................... 5 SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 7 SECTION 6. INDEMNITY, INSURANCE ............................................................................... 9 SECTION 7. DEFAULT. ........................................................................................................... 12 SECTION 8. REPRESENTATIONS ....................................................................................... 13 SECTION 9. GENERAL PROVISIONS................................................................................. 14 4.4.d Packet Pg. 182 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) LIST OF EXHIBITSEXIBITS EXHIBIT A Property Description Formatted: Left: 0.89", Right: 1.19", Top: 1.03", Bottom: 0.19" Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Normal, Centered, Level 1, Indent: Left: 2.55", Right: 2.3", Space Before: 1.5 pt Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 4.4.d Packet Pg. 183 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) EXHIBIT B Access and Parking Easement EXHIBIT C Utility Easement 4.4.d Packet Pg. 184 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 GROUND LEASE BETWEEN THE CITY OF EDMONDS/ AND THE EDMONDS SENIOR CENTER THIS GROUND LEASE (this “"Lease”),"), effective the ___ ____day of __________,_________, 201__ (“_ ("Effective Date”)") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the “"City”)") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the “"Senior Center”)."). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008, (the “2008 Lease”), the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in that Lease (the 2008 Lease).. WHEREAS, the 2008 Lease encompasses a portion of the same real property asthat is subject to this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Property. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the “Property”). The Property consists of 2.63 acres. As used in this Lease, the term “Improvements” shall mean all buildings, driveways, sidewalks, infrastructure improvements, utilities, paved or unpaved parking areas (collectively “Parking Lot”), landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease and made to the Property by the Senior Center."Property"). The Property is the ____ square foot area upon which the Senior Center is to construct its Edmonds Waterfront Center Building (the “Building”) . 1.2 Use of the Property. 1.2.1 1.1.1 Access and Parking Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over and across the real property legally described in and on the terms and conditions set forth in Exhibit B (the “Access and Parking Easement”) for ingress, egress and parking for the Property. Nothing herein Formatted: Normal, Centered, Level 1, Indent: Left: 2.62", Right: 2.64", Space Before: 3.7 pt Formatted: Left, Space Before: 0.35 pt Formatted ... Formatted: Indent: Left: 1.35", Right: 1.33" Formatted ... Formatted: Left, Space Before: 0.35 pt Formatted: Left Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Indent: Left: 0.07", First line: 0.5", Right: 0.03" Formatted ... Formatted: Left, Space Before: 0.35 pt Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Indent: Left: 0.07", Right: 0.04", Space Before: 0.15 pt Formatted ... Formatted: Left, Space Before: 0.6 pt Formatted: Font: Times New Roman, 12 pt, Bold, Font color: Text 1 Formatted: No Spacing, Left Formatted ... Formatted: Left, Space Before: 0.65 pt Formatted: Indent: Left: 0.07", First line: 0.5", Right: 0.05" Formatted ... Formatted: Left, Space Before: 0.55 pt Formatted ... Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Normal, Centered, Indent: Left: 1.34", Right: 1.33" Formatted: Left, Space Before: 0.25 pt Formatted: Indent: Left: 0.07", First line: 0.52", Right: 0.05" Formatted ... Formatted ... 4.4.d Packet Pg. 185 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 2 or in the Access and Parking Easement shall prevent the City from signing and regulating the parking lot to make it time-limited, to reserve certain spots for electric vehicles, or to make other similar modifications to the way the parking lot is used. Senior Center shall make reasonable efforts to ensure that its rental activities do not overburden the parking lot, particularly during daylight hours. Such reasonable efforts may include the use of valet parking, the use shuttle buses from an off-site parking location, and/or other means, PROVIDED THAT the determination as to whether such means are necessary, and, if so, which to employ, shall be mutually agreeable and subject to the dispute resolution process in Section 9.18, in the event that the parties cannot agree. 1.1.2 Utility Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over, under and across the real property legally described in and on the terms and conditions set forth in Exhibit C (the “Utility Easement”) to allow utility connections to and from the Property. 1.2 Use of the Property. 1.2.1 Allowed Uses of the Property by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non--profit community resource center to be known as the “Edmonds Waterfront Center” serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue-generating activities including, but not limited to, rentals, events and the operation of a thrift store and cafe, provided that all revenues generated therefrom areshall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds shall be given access to the buildingBuilding so it may offer recreational and other programs to the public. The Except for the thrift shop and café areas, the City will be allowed first-priority use of the Building Monday through Thursday, 4:00 pm00pm – close, and . The Senior Center shall have first- priority use of the Building at all other times as mutually agreed upon with the Lessee. . The City and Senior Center agree to meet on a regular on-going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party’sparty's program needs during that party’sparty's first-priority time periods. At these meetings each party shall offer its remaining unprogrammed first-priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the buildingProperty are a public park and shall remain open to the public subject to the City’sCity's reasonable regulations relate to uses, hours, etc. 1.2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building (i.e. utilities, site monitor, cleaning, etc.). Formatted ... Formatted: Indent: Left: 1", First line: 0.5", Right: 0.04" Formatted ... Formatted: Left, Space Before: 0.35 pt Formatted: Justified Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 4.4.d Packet Pg. 186 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 3 SECTION 2. TERM 2.1 Initial Term. The term of this Lease (“("Lease Term”)") shall extend for a period of Forty (40) years commencing on ______, 201_, and terminating on _______,________, 20__,_, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years 2.2.1 Conditions of Extension. In order for the Senior Center to extend the Lease Term, it shall (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) it shall provide written Notice of its Lease Extension at least one hundred eighty (180) days prior to the Termination of the Lease Term. 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center’sCenter's operation of the Senior Center upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the Senior Center’sCenter's mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER’SCENTER'S OTHER OBLIGATIONS 4.1 Construction of Improvements. Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Normal, Centered, Level 1, Indent: Left: 2.55", Right: 2.56" Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.15 pt Formatted: Indent: Left: 0.08", First line: 0.5", Right: 0.04" Formatted ... Formatted: Left, Space Before: 0.1 pt Formatted: Indent: Left: 0.08", First line: 0.5", Right: 0.05" Formatted ... Formatted: Left, Space Before: 0.65 pt Formatted: Indent: Left: 0.08", First line: 1.01", Right: 0.05" Formatted ... Formatted: Left, Space Before: 0.1 pt Formatted: Indent: Left: 0.08", First line: 1", Right: 0.05" Formatted ... Formatted: Left, Space Before: 0.15 pt Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Normal, Centered, Level 1, Indent: Left: 2.58", Right: 2.57" Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1, Character scale: 99% Formatted: Left, Space Before: 0.15 pt Formatted: Indent: Left: 0.07", First line: 0.51", Right: 0.05" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.85 pt Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted ... Formatted: Left, Space Before: 0.45 pt 4.4.d Packet Pg. 187 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 4 4.1 Construction of Improvements. The Senior Center and City are, through this Lease, undertaking respective obligations to design, construct and maintain various improvements, which improvements will be jointly used as described in this Lease and its attached exhibits. Unless expressly stated otherwise, the Senior Center shall be obligated to design, construct, and maintain, at its sole expense, the Building and all other improvements that are to be located on the Property. Unless expressly stated otherwise, as, for example, in Section 4.4, the City shall be obligated to design, construct, and maintain, at its sole expense, the parking lot, frontage improvements, and all other improvements contemplated herein that are not to be located on the Property. These respective obligations are described in more detail below. 4.1.1 City Approval and Ownership. Senior Center shall undertake no demolition, construction, remodeling, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fund for the contemplated Work ), the intended uses of the Property as described in Section 1.2, as well as the Property’s functionality as aProperty's impacts upon the adjacent park. The consent contemplated in this subsection 4.1.1 is separate and apart from the City’sCity's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City’sCity's regulatory discretion is limited. 4.1.1.1 In addition to the need to obtain the consent required above, no later than 21 days prior to commencing any Work on the Property, Senior Center shall also obtain a temporary construction easement from the City to the extent that any portion of the City’s other property (outside the boundaries of the Property) will need to be used for construction purposes related to the Work. The City shall cooperate with the Senior Center in the negotiation and execution of the temporary construction easement and shall not unreasonably withhold its issuance. The temporary construction easement shall address, among other factors, the means, methods, and timing for coordinating the Senior Center’s Work with the City’s Work, if the City has a contemporaneous construction project, as it will during the construction of the Building. Any deviation from approved plans must also be approved, in writing, by the City. 4.1.1.2 Improvements constructed by the Senior Center during the term of this Lease shall be considered the Senior Center's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. 4.1.1.3 The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider, and may opt to hold one or more public hearings on the schematic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The Senior Center will also bring forth the design development phase drawings of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the Formatted ... Formatted ... Formatted ... Formatted: Indent: Left: 0.07", First line: 1.01", Right: 0.04", Line spacing: single, Allow hanging punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tab stops: 1.57", Left + 4.07", Left + 4.89", Left Formatted ... 4.4.d Packet Pg. 188 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 5 design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility’sfacility's footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.1.4 In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary governmental permits. Senior Center must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Schedule. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perform the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently performed thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow Senior Center’sCenter's construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman-like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as-built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Maintenance. At all times during the Lease Term and any Extension Term, Senior Center shall reasonably keep and maintain the Senior Center ImprovementsBuilding and other improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Senior Center ImprovementsBuilding and other improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Senior Center ImprovementsBuilding and other improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch. at Formatted ... Formatted: Font color: Text 1 Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 1.05", Right: 0.05" Formatted ... Formatted: Normal, Left, Right: 0", Space Before: 0.8 pt Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 1", Right: 0.06", Tab stops: 1.58", Left Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.5 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.09", First line: 0.5", Right: 0.04" Formatted ... 4.4.d Packet Pg. 189 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 6 the sole cost of the Senior Center. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the ImprovementsBuilding and other improvements before an Extension Term of the Lease commences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. Senior Center must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Senior Center's planned use of the Property. Notwithstanding Section 4.1, Senior Center shall be solely responsible for the cost of designing, constructing and extending any existingnecessary utility lines from the right of way or adjacent properties into the Property; even though much of this work will occur outside of the Property, as made available to Senior Center by the City, shall include utility access for water, sewer, electrical power and telephone to the edge (back of curb) of the Property. . Senior Center shall be solely responsible for Formatted ... Formatted: Normal, Left, Right: 0", Space Before: 0.4 pt Formatted: Normal, Indent: Left: 0.09", First line: 0.5", Right: 0.04" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.8 pt, Line spacing: single Formatted ... Formatted: Normal, Indent: Left: 0.14", First line: 0.46", Right: 0.05", Tab stops: Not at 0.5" Formatted ... 4.4.d Packet Pg. 190 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 7 meeting and securing all permits and for meeting all requirements necessary to achieve all of the above, including the payment of any required permit fees and/or connection fees. If the parties cannot agree upon terms for the means, methods, and timing related to the construction of the utilities described above, or if any conflict arises during construction, the City shall have the right to have its contractor construct the Senior Center’s utilities, or any portion thereof. If the City elects to undertake such construction, it will still be done at the Senior Center’s sole cost and invoices for such construction shall be paid within no later than 30 days of receipt. 4.5 Signs. Any signs erected by Senior Center must comply with all local sign ordinances. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restoreTo the sign location(s) to its (their) former state(s), unless the City elects to retain all orextent that any portion(s)signs for the Edmonds Waterfront Center will be located outside of the signage. Signage requirements may reasonably change duringProperty, e.g., on the term and, to maintain uniformity and continuityparking lot property, Senior Center will comply with any new sign code requirements within a reasonable time after the adoptionmust obtain permission from the City as to the location of such signs. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. Senior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to Senior Center performing all of Senior Center's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment provision shall apply to senior center’scenter's sub lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed and the report provided to Senior Center or Senior Center’sCenter's commencement of construction, whichever occurs first, Senior Center accepts the Property in "AS IS" condition, upon taking possession. Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.45 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.07", First line: 0.5", Right: 0.03" Formatted ... Formatted ... Formatted: Normal, Left, Right: 0", Space Before: 1 pt Formatted ... 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Formatted ... 4.4.d Packet Pg. 191 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 8 5.4 Parking Lot and Frontage Improvements Design, Construction and Repair Obligations. 5.4.1 Parking Lot and Frontage Improvements Design. The City and Senior Center shall work together to design a Parking Lot and Frontage Improvements that meetsmeet the requirements for the Senior Center’s Building as well as shared use by the City’s Edmonds Waterfront Center and the City's Regional Park facilities. The parties anticipate that the Parking Lot will have one hundred (100) parking spaces but the final number shall be determined by a parking study undertaken, if needed, by the City and Senior Center, jointly. The parking study shall specifically consider the needs of the Senior Center and the City’s Regional Park designation for the Property. The total number of parking spaces incorporated into the design for the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the SeniorEdmonds Waterfront Center Property and the City’s Regional Park activities. The Parking Lot design shall incorporate all aspects necessary for construction including, without limitation, storm drainage, and shall be developed and permitted in coordination with the Senior Center/Community Center facility, including but not limited to the schematic design and the City's Regional Park activities. The Parking Lot and design development approval process set forth in Section 4.1, above. Frontage Improvements shall be located outside the boundaries of the Property on the City’s abutting property. The costs of planning and design of the Parking Lot and Frontage Improvements shall be paid by the City. 5.4.2 Parking Lot and Frontage Improvements Construction. The City and Senior Center shall share equally indesign, permit, procure and engage a general contractor and pay the cost of construction of the Parking Lot on the Propertyand Frontage Improvements adjacent to and which serves the Property and the City’s regional park according to the design plans as provided to Senior Center in Section 5.4.1, above. The Senior Center’s contractor shall build theThe Parking Lot as part of Senior Center’s construction of its Building and related improvements, with the City shall pay its share. The Parking Lot and Frontage Improvements must be constructed in coordination with Senior Center’sCenter's construction of the Edmonds Waterfront Center Building so that it is substantially complete before the Building and related improvements are occupied. Except as specified herein, the City shall have no responsibility for the repair or maintenance of the Property or for construction of any roadways, utilities or any other improvements on or off of the Property. Should the City of its own accord undertake any repair or maintenance work on the Property itself, the City shall take reasonable steps to do so in a manner that does not interfere with Senior Center's use of the Property or create a constructive eviction or other eviction of the Senior Center. Any repair on the Property outside of that described in Section 5.4.3, below, shall be the Senior Center's responsibility and shall be made at the Senior Center's sole expense. 5.4.3 Parking Lot and Frontage Improvements Maintenance and Repair. The City and the Senior Center shall share equalhave full responsibility for repair, maintenance and any capital improvements required for the Parking Lot and Frontage Improvements after its initial construction. The City and Senior Center shall , except for work associated with the Senior Center’s utilities, which shall be the Senior Center’s responsibility. The City shall undertake regular inspections of the Parking Lot and Frontage Improvements consistent for a property of that type Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font color: Text 1 Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Right: 0", Tab stops: Not at 0.5" Formatted ... Formatted: Normal, Left, Indent: First line: 0", Right: 0", Space Before: 0.2 pt, Tab stops: Not at 0.5" Formatted: Font color: Text 1 Formatted ... Formatted: Font color: Text 1 Formatted: Normal, Right: 0", Tab stops: Not at 0.5" Formatted ... 4.4.d Packet Pg. 192 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 9 and implement necessary and appropriate maintenance activities at reasonable intervals to keep the Parking Lot and Frontage Improvements in good condition. When capital renovations are required to restore the Parking Lot and/or Frontage Improvements to good condition during the Lease Term, the City and Senior Center shall undertake such capital improvements. 5.4.4 Beach Restoration and Walkway. The City has other areas of its regional park that are located adjacent to the Property. Two of these other areas are the City beach and the City walkway. The City is undertaking a beach restoration project for its regional Park area and it shall complete that restoration project, and walkway completion and pay the cost thereof. The City shall also complete the design, permitting, construction of and payment for the City walkway project adjacent to the Property, and any other contemplated improvements not located on the Property. 5.4.4 5 Senior Center’sCenter's Location within Regional Park Grounds and Park Maintenance Responsibility. The Property is owned by the City and has been designatedis adjacent to a City-owned regional park. The City shall define maintenance standards and intervals for the grounds surroundingadjacent to the Senior CenterProperty, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Senior Center facility). on the Property). This park area will be within the limited control of the City. The Senior Center acknowledges that, as a public park, the grounds surroundingadjacent to the facility mayProperty likely constitute a public forum for First Amendment purposes and that there may be circumstances in which the City may need to allow constitutionally protected activity to occur on the site adjacent to the Property. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds for damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds, or any other area outside the Property, unless it has obtained the applicable event permit or reservation from the City. The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City’s allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building ( i.e. utilities, site monitor, cleaning, etc.). SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Lease, the Senior Center agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center’sCenter's use of the PremisesProperty or the Parking Lot, or from the conduct of Senior Center’sCenter's business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or Formatted ... 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Formatted: Font color: Text 1 Formatted: Normal, Left, Right: 0", Space Before: 0.5 pt, Tab stops: Not at 0.5" Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.5 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 0.51", Right: 0.04", Tab stops: Not at 0.5" Formatted ... 4.4.d Packet Pg. 193 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 10 about the Premises Property or the Parking Lot, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property or the Parking Lot by the Senior Center; any condition created in, on or about the Property or the Parking Lot by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property or the Parking Lot after the Effective Date; any breach, violation, or nonperformance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property. or the Parking Lot. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or invitees on the Property. or the Parking Lot. As used herein, the indemnification provided by the Senior Center is intended to include indemnification for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 Insurance Requirements. The Senior Center shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Senior Center’sCenter's operation and use of the leased Premises. Lessee’sProperty or the Parking Lot. Senior Center's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the LesseeSenior Center to the coverage provided by such insurance, or otherwise limit the City’sCity's recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance shall not be canceled without City consent. The City shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property or the Parking Lot, as a loss payee to the extent of its interest therein. Such Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.5 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 1.02", Right: 0.04" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 0.01", Right: 0.04", Space Before: 0.4 pt Formatted ... 4.4.d Packet Pg. 194 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 11 insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way be construed by the carrier to make the City liable for payment of any of Senior Center's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center’sCenter's insurance and shall not contribute with it. 6.2.4 Company Ratings. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days written notice to Senior Center, require Senior Center to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, Senior Center shall provide and maintain the following types of coverage: 6.3.1 Commercial General Liability Insurance. Senior Center shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of Senior Center and the City, insuring Senior Center and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or the Parking Lot or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. Senior Center shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property. or the Parking Lot. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Automobile Liability Insurance. Senior Center shall maintain for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot an occurrence form automobile liability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non- owned vehicles on and around the Property. or the Parking Lot. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence. 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Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... 4.4.d Packet Pg. 195 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 12 6.3.4 Workers' Compensation Insurance. Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot, including coverage for Employer's Liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars ($1,000,000) per accident above the self-insured retention. Senior Center has indicated that none of its employees will be on the Property or the Parking Lot since Senior Center intends to hire a management company to oversee the Property. or the Parking Lot. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property or the Parking Lot and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in full force and effect during construction of Senior Center’sCenter's facility described in this Lease, Builders Risk insurance covering interests of the Senior Center, the City, the Contractor, Subcontractors, and Sub-- subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property or the Parking Lot; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work. 6.4 Waiver of Subrogation. Senior Center and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days’days' notice of such determination and Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for senior center facilities or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days’days' notice to the Senior Center to correct the Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Normal, Left, Right: 0", Space Before: 0.45 pt Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.1", First line: 1.01", Right: 0.04" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.45 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.1", First line: 0.52", Right: 0.05", Tab stops: Not at 0.5" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted ... 4.4.d Packet Pg. 196 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 13 breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7SECTION7. DEFAULT 7.1 Senior Center Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1.1 Vacating the Property. The vacating or abandonment of the Property by the Senior Center for more than thirty (30) days. 7.1.1.2 Failure to Pay Rent. The failure by the Senior Center to make any payment of rent or any other payment required to be made by the Senior Center under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. 7.1.1.3 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the Senior Center, specifically including, without limitation, the Senior Center’sCenter's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if the nature of the Senior Center’sCenter's default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Remedies in Default. In the event of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the Senior Center’sCenter's right to possession of the Property by providing written notice of at least thirty (30) days; Formatted ... 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Maintain the Senior Center’sCenter's right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord’sLandlord's right and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner by reason of the Senior Center’sCenter's default or breach. 7.1.3 Legal Expenses. If either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or claim in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, terms or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive from the other party all costs incurred by prevailing party, including reasonable attorney’sattorney's fees. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the Senior Center to the City provided, that if the nature of the City’sCity's obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESENTATIONS 8.1 Representations of Senior Center. 8.1.1 Senior Center is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 Senior Center’sCenter's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center’sCenter's legal, valid and binding obligations, enforceable against Senior Center in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor’screditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of Senior Center’sCenter's Articles of Incorporationlncorporation, Bylaws or other corporate documents. 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Formatted ... 4.4.d Packet Pg. 198 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 15 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center’sCenter's authority or right to enter into this Lease or perform the obligations specified in the Lease. 8.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with Senior Center and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City’sCity's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City’sCity's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by Senior Center to the City. 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.65 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1, Condensed by 0.25 pt Formatted: Normal, Left, Indent: Left: 0.58", Right: -0.01", Tab stops: 1.07", Left Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.05 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 1", Right: 0.04" Formatted ... Formatted ... Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.8 pt, Line spacing: single Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 199 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 16 writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: The City of Edmonds 121 5th Avenue North Edmonds, WashingtonWA 98020 Attn: City Clerk And to Senior Center at: Edmonds Senior Center P.O. Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non-waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or Senior Center's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Not Bold, Font color: Text 1 Formatted: Normal, Indent: Left: 0", Right: 0" Formatted: Font: Times New Roman, Font color: Text 1, Lowered by 0.5 pt Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font color: Text 1 Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 200 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 17 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. Formatted: Normal, Indent: Left: 0.07", First line: 0.5", Right: 0.09" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.7 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.08", First line: 0.5", Right: 0.09" Formatted ... 4.4.d Packet Pg. 201 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 18 9.10 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Engagement of Brokers. Senior Center and the City each represent to one another that if a broker’sbroker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 9.18 Non-Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. 9.18 Non-Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non-binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendation. Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.1", First line: 0.5", Right: 0.04", Space Before: 4.25 pt Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.1 pt, Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.09", First line: 0.51", Right: 0.05" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Right: 0", Line spacing: single Formatted: Font: Times New Roman, Font color: Text 1 Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 202 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 19 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety; provided, however, the 2008 Lease shall remain in place, operative and complimentary to the Ground Lease until demolition is commenced on the current Senior Center Building located at 220 Railroad Avenue, Edmonds, WA. 9.20 Recording. A Memorandum of this Lease may be recorded after execution by the partiesParties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and Senior Center relating to Senior Center's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Indent: Left: 0.09", Right: 0.01" Formatted ... Formatted: Normal, Left, Indent: First line: 0", Right: 0" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Font color: Text 1 4.4.d Packet Pg. 203 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 20 IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: LESSOR: LESSEE: EDMONDS SENIOR CENTER. ______________________________________ __ By: ____________________________________ Its: ____________________________________ LESSOR: THE CITY OF EDMONDS _______________________________________ By: David Earling As its Mayor By: Its: By: David Earling As Its Mayor APPROVED BY CITY COUNCIL ONAS TO FORM: ________________________________________ By: Jeff Taraday City Attorney APPROVED BY CITY COUNCIL ON: ATTEST: _______________________________________ City Clerk Formatted: Font: Times New Roman, Font color: Text 1 Formatted: Normal, Left, Indent: Left: 0.08", First line: 0.51", Right: 0.03", Space Before: 2.95 pt, Don't keep with next, Don't keep lines together Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted Table Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Right: 0.03", Space Before: 2.95 pt, Line spacing: single, Don't keep with next, Don't keep lines together Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Indent: Left: 0", Right: 0.03", Space Before: 2.95 pt, Line spacing: single, Don't keep with next, Don't keep lines together Formatted Table Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Indent: Left: 0", Right: 0.03", Space Before: 2.95 pt, Line spacing: single Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Indent: Left: 0", Right: 0.03", Space Before: 2.95 pt, Line spacing: single Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 204 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 21 ATTEST: __________________________________________ __________________________ City Clerk APPROVED AS TO FORM Counsel for the City of Edmonds STATE OF WASHINGTON ) ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executeexecuted the instrument and acknowledged it as the Mayor of the City of Edmonds,, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _________________________:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) ) ss. Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Right: 0.03", Space Before: 2.95 pt, Tab stops: Not at 2.5" Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font color: Text 1 Formatted ... Formatted ... Formatted: Font color: Text 1 Formatted ... Formatted: Font color: Text 1 Formatted ... Formatted: Font color: Text 1 Formatted ... Formatted ... Formatted: Underline, Font color: Text 1 Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 205 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 22 COUNTY OF SNOHOMISH ) I certify that I have evidence that __________________________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executeexecuted the instrument and acknowledged it as the President of the Edmonds Senior Center,, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _________________________:________________ PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: Formatted: Right: 0.03", Space Before: 2.95 pt, Tab stops: Not at 2.5" Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Right: 0.03", Space Before: 2.95 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Right: 0.03", Space Before: 2.95 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Normal, Justified, Indent: Left: 3.5", Right: 0.03", Space Before: 2.95 pt, Tab stops: Not at 6" Formatted: Font: Times New Roman, 12 pt, Underline, Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Underline, Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted ... Formatted: Underline, Font color: Text 1 Formatted ... 4.4.d Packet Pg. 206 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 23 4.4.d Packet Pg. 207 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 24 EXHIBIT A Property Description Pro per tyP arc el Nu mb er 270 323 001 042 00 Pr o p er ty A d dr es s 22 0 RA IL R O A D AV E , ED M O N DS , W A 98 02 0- 41 33 Property Description SEC 23 TWP 27 RGE 03BEG MT W LN GN R/W WITH S LN GOVT LOT 2 TH NELY ON SD R/W 450FT TH N49*00 00W 95.67FT M.L TO MEA LN TH S51*23 00W ON SD MEA LN 288.33FT TPB TH N51*23 00E ALG MEA LN 288.33FT THN47*32 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.15 pt, Line spacing: single Formatted: Level 1, Indent: Left: 2.94", Right: 3.01", Space Before: 3.55 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Expanded by 1.8 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Lowered by 0.5 pt Formatted: Level 1, Indent: Left: 2.63", Right: 2.7" Formatted: Left Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Character scale: 108% 4.4.d Packet Pg. 208 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 25 00W 319.63FT TO INNER HARBOR LN TH S45*00 00W ON INNER HARBOR LN 250.13 FT TH S38*37 00E 287.94FT TPB TGW FDT - COM AAP ON W LN GN R/W AT INT WITH S LNGOVT LOT 2 TH NLY ALG W LN SD R/W 150FT TPB TH CONT NLY ALG SD R/W 300FT TH NWLY AT R/A FR SD R/W TO MEA LN TH SWLY ALG SD MEA LN TAP AT R/A FR TPB TH SELY TPB BOTH PER WD 683- 545 2/23/73 EXHIBIT A Property Description Parcel Number 27032300104200 Property Address 220 RAILROAD AVE , EDMONDS, WA 98020- 4133 Property Description SEC 23 TWP 27 RGE 03BEG MT W LN GN R/W WITH S LN GOVT LOT 2 TH NELY ON SD R/W 450FT TH N49*00 00W 95.67FT M.L TO MEA LN TH S51*23 4.4.d Packet Pg. 209 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 26 00W ON SD MEA LN 288.33FT TPB TH N51*23 00E ALG MEA LN 288.33FT THN47*32 00W 319.63FT TO INNER HARBOR LN TH S45*00 00W ON INNER HARBOR LN 250.13 FT TH S38*37 00E 287.94FT TPB TGW FDT - COM AAP ON W LN GN R/W AT INT WITH S LNGOVT LOT 2 TH NLY ALG W LN SD R/W 150FT TPB TH CONT NLY ALG SD R/W 300FT TH NWLY AT R/A FR SD R/W TO MEA LN TH SWLY ALG SD MEA LN TAP AT R/A FR TPB TH SELY TPB BOTH PER WD 683- 545 2/23/73 4.4.d Packet Pg. 210 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 27 Description 4.4.d Packet Pg. 211 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 28 COE/SENIORCENTER/2015 -------------------------------------------- -------AT R/ A FR TPB TH SELY TPB BOTH PER WD 683-545 2/23/73 4.4.d Packet Pg. 212 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 29 COE/SENIORCENTER/2015 --------- Exhibit B GROUND LEASE THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER Formatted: Left Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Level 1, Indent: Left: 2.67", Right: 2.74", Space Before: 1.5 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Expanded by 1.15 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Space Before: 0.25 pt Formatted: Border: Bottom: (No border) Formatted: Font: Times New Roman, 12 pt, Not Bold, Font color: Text 1 Formatted: Left 4.4.d Packet Pg. 213 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) i i COE/SENIORCENTER/2015 TABLE OF CONTENTS LIST OF EXHIBITS ................................................................................................................ ii GROUND LEASE .....................................................................................................................1 SECTION 1. AGREEMENT TO LEASE PROPERTY .........................................................1 SECTION 2. TERM .................................................................................................................2 SECTION 3. RENT ..................................................................................................................2 SECTION 4. SENIOR CENTER’S OTHER OBLIGATIONS ..............................................3 SECTION 5. CITY AUTHORITY AND OBLIGATIONS ....................................................5 SECTION 6. INDEMNITY, INSURANCE .............................................................................7 SECTION 7. DEFAULT ........................................................................................................ 10 SECTION 8. REPRESENTATIONS..................................................................................... 11 SECTION 9. GENERAL PROVISIONS .............................................................................. 12 4.4.d Packet Pg. 214 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) ii ii COE/SENIORCENTER/2015 LIST OF EXHIBITS EXHIBIT A Property Description 4.4.d Packet Pg. 215 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps GROUND LEASE CITY OF EDMONDS/EDMONDS SENIOR CENTER THIS GROUND LEASE (this “Lease”), effective the ___ day of __________, 201__ (“Effective Date”) is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the “City”) and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the “Senior Center”). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008, the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in that Lease (the 2008 Lease). WHEREAS, the 2008 Lease encompasses the same real property as this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Property. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the “Property”). The Property consists of 2.63 acres. As used in this Lease, the term “Improvements” shall mean all buildings, driveways, sidewalks, infrastructure improvements, utilities, paved or unpaved parking areas (collectively “Parking Lot”), landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease and made to the Property by the Senior Center. 1.2 Use of the Property. 1.2.1 Allo wed Uses of the Property by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of operating a non-profit community resource center serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. Formatted: Left: 0.82", Right: 0.79", Top: 0.97", Bottom: 0.19", Section start: Continuous, Number of columns: 2, Col #1 width: 6.04", Col #2 width: 0.85", Not Force equal column width Formatted: Font: Times New Roman, 12 pt, Font color: Text 1, Character scale: 108% 4.4.d Packet Pg. 216 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue-generating activities including, but not limited to, rentals, events and the operation of a thrift store and cafe, provided that all revenues generated therefrom are utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds shall be given access to the building so it may offer recreational and other programs to the public. The City will be allowed use Monday through Thursday, 4:00 pm – close, and other times as mutually agreed upon with the Lessee. The City and Senior Center agree to meet on a regular on-going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party’s program needs during that party’s first-priority time periods. At these meetings each party shall offer its remaining unprogrammed first-priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the building are a public park and shall remain open to the public subject to the City’s reasonable regulations relate to uses, hours, etc. SECTION 2. TERM 2.1 Initial Term. The term of this Lease (“Lease Term”) shall extend for a period of Forty (40) years commencing on ______, 201_, and terminating on _______, 20__, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years 2.2.1 Conditions of Extension. In order for the Senior Center to extend the Lease Term, it shall (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) it shall provide written Notice of its Lease Extension at least one hundred eighty (180) days prior to the Termination of the Lease Term. 2.2.2 Proc ess for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the 4.4.d Packet Pg. 217 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center’s operation of the Senior Center upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the Senior Center’s mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER’S OTHER OBLIGATIONS 4.1 Construction of Improvements. 4.1.1 City Approval and Ownership. Senior Center shall undertake no demolition, construction, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City to withhold or deny. In applying its discretion, the City shall consider, among other factors deemed relevant by the City Council, the intended uses of the Property as described in Section 1.2 as well as the Property’s functionality as a park. The consent contemplated in this subsection 4.1.1 is separate and apart from the City’s regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City’s regulatory discretion is limited. Any deviation from approved plans must also be approved, in writing, by the City. Improvements constructed by the Senior Center during the term of this Lease shall be considered the Senior Center's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider, and may opt to hold one or more public hearings on the schematic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved 4.4.d Packet Pg. 218 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted ... by the City Council. The Senior Center will also bring forth the design development phase drawings of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility’s footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary governmental permits. Senior Center must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Schedule. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perform the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently performed thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow Senior Center’s construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman-like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as-built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Maintenance. At all times during the Lease Term and any Extension Term, Senior Center shall reasonably keep and maintain the Senior Center Improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Senior Center Improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Senior Center Improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Improvements before an Extension Term of the Lease commences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishing s, machinery , or Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 4.4.d Packet Pg. 219 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. Senior Center must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Senior Center's planned use of the Property. Senior Center shall be solely responsible for the cost of extending any existing utility lines into the Property; the Property, as made available to Senior Center by the City, shall include utility access for water, sewer, electrical power and telephone to the edge (back of curb) of the Property. Senior Center shall be solely responsible for meeting and securing all permits and for meeting all requirements necessary to achieve all of the above. 4.5 Signs. Any signs erected by Senior Center must comply with all local sign ordinances. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. Senior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to Senior Center performing all of Senior Center's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Space Before: 0.8 pt, Line spacing: single Formatted ... Formatted: Normal, Indent: Left: 0.07", First line: 0.5", Right: 0.03" Formatted ... Formatted: Normal, Left, Right: 0", Space Before: 1 pt Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 4.4.d Packet Pg. 220 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps provision shall apply to senior center’s sub lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed and the report provided to Senior Center or Senior Center’s commencement of construction, whichever occurs first, Senior Center accepts the Property in "AS IS" condition, upon taking possession. 5.4 Parking Lot Design, Construction and Repair Obligations. 5.4.1 Parking Lot Design. The City and Senior Center shall work together to design a Parking Lot that meets the requirements for the Senior Center’s Building as well as the City’s Regional Park facilities. The parties anticipate that the Parking Lot will have one hundred (100) parking spaces but the final number shall be determined by a parking study undertaken, if needed, by the City and Senior Center, jointly. The parking study shall specifically consider the needs of the Senior Center and the City’s Regional Park designation for the Property. The total number of parking spaces incorporated into the design for the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the Senior Center Property and the City’s Regional Park activities. The Parking Lot design shall incorporate all aspects necessary for construction including, without limitation, storm drainage, and shall be developed and permitted in coordination with the Senior Center/Community Center facility, including but not limited to the schematic design and design development approval process set forth in Section 4.1, above. 5.4.2 Parking Lot Construction. The City and Senior Center shall share equally in the cost construction of the Parking Lot on the Property according to the design plans as provided to Senior Center in Section 5.4.1, above. The Senior Center’s contractor shall build the Parking Lot as part of Senior Center’s construction of its Building and related improvements, with the City shall pay its share. The Parking Lot must be constructed in coordination with Senior Center’s Building so that it is complete before the Building and related improvements are occupied. Except as specified herein, the City shall have no responsibility for the repair or maintenance of the Property or for construction of any roadways, utilities or any other improvements on or off of the Property. Should the City of its own accord undertake any repair or maintenance work on the Property itself, the City shall take reasonable steps to do so in a manner that does not interfere with Senior Center's use of the Property or create a constructive eviction or other eviction of the Senior Center. Any repair on the Property outside of that described in Section 5.4.3, below, shall be the Senior Center's responsibility and shall be made at the Senior Center's sole expense. 5 .4.3 Park ing Lot Maintenance and Repair. The City and the Senior Center shall share equal responsibility for repair, maintenance and any capital improvements required for the Parking Lot after its initial construction. The City and Senior Center shall undertake regular inspections of the Parking Lot consistent for a property of that type and implement necessary and appropriate maintenance activities at reasonable intervals to keep the 4.4.d Packet Pg. 221 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps Parking Lot in good condition. When capital renovations are required to restore the Parking Lot to good condition during the Lease Term, the City and Senior Center shall undertake such capital improvements. 5.4.4 Senior Center’s Location within Regional Park Grounds and Park Maintenance Responsibility. The Property is owned by the City and has been designated a regional park. The City shall define maintenance standards and intervals for the grounds surrounding the Senior Center, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Senior Center facility). This park area will be within the limited control of the City. The Senior Center acknowledges that, as a public park, the grounds surrounding the facility may constitute a public forum for First Amendment purposes and that there may be circumstances in which the City may need to allow constitutionally protected activity to occur on the site. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds for damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds unless it has obtained the applicable event permit from the City. The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City’s allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building ( i.e. utilities, site monitor, cleaning, etc.). SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Lease, the Senior Center agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center’s use of the Premises, or from the conduct of Senior Center’s business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property by the Senior Center; any condition created in, on or about the Property by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property after the Effective Date; any breach, violation, or nonperformance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or 4.4.d Packet Pg. 222 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps invitees on the Property. As used herein, the indemnification provided by the Senior Center is intended to include indemnification for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 Insurance Requirements. The Senior Center shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Senior Center’s operation and use of the leased Premises. Lessee’s maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance shall not be canceled without City consent. The City shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way be construed by the carrier to make the City liable for payment of any of Senior Center's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center’s insurance and shall not contribute with it. 6.2.4 Com pany Ratings. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days written notice to Senior Center, require Senior Center to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, Senior Center shall provide and maintain the following 4.4.d Packet Pg. 223 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps types of coverage: 6.3.1 Commercial General Liability Insurance. Senior Center shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of Senior Center and the City, insuring Senior Center and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. Senior Center shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Automobile Liability Insurance. Senior Center shall maintain for all of Senior Center's employees who are present on the Property or are involved in the operations conducted on the Property an occurrence form automobile liability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non-owned vehicles on and around the Property. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence. 6.3.4 Workers' Compensation Insurance. Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or are involved in the operations conducted on the Property, including coverage for Employer's Liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars ($1,000,000) per accident above the self-insured retention. Senior Center has indicated that none of its employees will be on the Property since Senior Center intends to hire a management company to oversee the Property. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in full force and effect during construction of Senior Center’s facility described in this Lease, Builders Risk insurance covering interests of the Senior 4.4.d Packet Pg. 224 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps Center, the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work. 6.4 Waiver of Subrogation. Senior Center and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days’ notice of such determination and Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for senior center facilities or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days’ notice to the Senior Center to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7. DEFAULT 7.1 Senior Center Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1 .1 Vaca ting the Property. The vacating or abandonmen t of the Property by the Senior Center for more than thirty (30) days. 7.1.1 .2 Failur e to Pay Rent. The failure by the Senior Center to make any payment of rent or any other payment required to be made by the Senior Center under 4.4.d Packet Pg. 225 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. 7.1.1.3 Unpermitted Use of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the Senior Center, specifically including, without limitation, the Senior Center’s utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if the nature of the Senior Center’s default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Remedies in Default. In the event of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the Senior Center’s right to possession of the Property by providing written notice of at least thirty (30) days; 7.1.2.2 Continue the Lease. Maintain the Senior Center’s right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord’s right and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner by reason of the Senior Center’s default or breach. 7.1.3 Legal Expenses. If either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or claim in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, terms or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive from the other party all costs incurred by prevailing party, including reasonable attorney’s fees. 7.2 Defa ult by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in 4.4.d Packet Pg. 226 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps no event later than thirty (30) days after written notice by the Senior Center to the City provided, that if the nature of the City’s obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESENTATIONS 8.1 Representations of Senior Center. 8.1.1 Senior Center is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 Senior Center’s execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center’s legal, valid and binding obligations, enforceable against Senior Center in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor’s rights and to equitable principles. Execution of the Lease does not conflict with any provision of Senior Center’s Articles of Incorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center’s authority or right to enter into this Lease or perform the obligations specified in the Lease. 8.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with Senior Center and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City’s execution, delivery and performanc e of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigatio n pending or, to the actual knowledge of the City, threatened 4.4.d Packet Pg. 227 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps in writing, nor is there any outstanding judicial determination or injunction that calls into question the City’s authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by Senior Center to the City. 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: The City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attn: City Clerk And to Senior Center at: Edmonds Senior Center P.O. Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusivel y deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this Formatted ... Formatted: Normal, Indent: Left: 0.08", First line: 0.57", Right: 0.06" Formatted ... Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: Font: Not Bold, Font color: Text 1 Formatted: Normal, Indent: Left: 0", Right: 0" 4.4.d Packet Pg. 228 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non-waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or Senior Center's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 9.10 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Eng agement of Brokers. Senior Center and the City each represent to one another that if a broker’s commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Righ t of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representati Formatted: Normal, Indent: Left: 0.07", First line: 0.5", Right: 0.09" Formatted ... 4.4.d Packet Pg. 229 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps ves, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 9.18 Non-Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non-binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendation. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety. 9.20 Recording. A Memorandum of this Lease may be recorded after execution by the parties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and Senior Center relating to Senior Center's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. Formatted ... 4.4.d Packet Pg. 230 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: LESSOR: EDMONDS SENIOR CENTER. THE CITY OF EDMONDS By: Its: By: David Earling As Its Mayor APPROVED BY CITY COUNCIL ON: ATTEST: _______________________________ _______________________________ ______ City Clerk APPROVED AS TO FORM Counsel for the City of Edmonds STATE OF WASHINGTO N ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledge d that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge d it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses 4.4.d Packet Pg. 231 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps and purposes mentioned in the instrument. DATED: _________________________ ___________________________________ PRINTED NAME: __________________ NOTARY PUBLIC In and for the State of Washington. My commission expires: ______________ STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that __________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of the Edmonds Senior Center, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _________________________ ___________________________________ PRINTED NAME: __________________ NOTARY PUBLIC In and for the State of Washington. My commission expires: ______________ EXHIBIT A Property Description 4.4.d Packet Pg. 232 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps Parcel Number 27032300104200 Property Address 220 RAILROAD AVE , EDMONDS, WA 98020- 4133 Property Description SEC 23 TWP 27 RGE 03BEG MT W LN GN R/W WITH S LN GOVT LOT 2 TH NELY ON SD R/W 450FT TH N49*00 00W 95.67FT M.L TO MEA LN TH S51*23 00W ON SD MEA LN 288.33FT TPB TH N51*23 00E ALG MEA LN 288.33FT THN47*32 00W 319.63FT TO INNER HARBOR LN TH S45*00 00W ON INNER HARBOR LN 250.13 FT TH S38*37 00E 287.94 FT TPB TGW FDT - COM AAP ON W LN GN R/W AT INT WITH S LNGOV T LOT 2 TH NLY ALG W LN SD R/W 150FT TPB TH CONT NLY ALG SD R/W 300FT TH NWLY AT R/A FR SD R/W TO MEA LN TH SWLY ALG SD MEA LN TAP AT R/A FR TPB TH SELY TPB BOTH PER WD 683- 545 4.4.d Packet Pg. 233 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) 1 COE/SENIORCENTER/2015 Formatted: Font: 11 pt, Not Small caps 2/23/7 3 Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Text 1 Formatted: Left, Right: -0.01", Line spacing: single 4.4.d Packet Pg. 234 Attachment: 2018-11-14 redline pdf (Senior Center Lease Amendment Proposal) After Recording Return to: ____________________________ ____________________________ ____________________________ Attn: _______________________ ACCESS AND PARKING EASEMENT GRANTOR: City of Edmonds, a Washington municipal corporation GRANTEE: Edmonds Senior Center, a Washington non-profit corporation Legal Description: Abbreviated Form: ________________________________________ ________________________________________ ________________________________________ Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. _______________________________________ Reference Number(s) of Related Documents(s): ___________________________ 4.4.e Packet Pg. 235 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) This ACCESS AND PARKING EASEMENT (“Agreement”) is made and entered into this _______ day of _________________, 20__, by City of Edmonds, a Washington municipal corporation (“Grantor”) and the Edmonds Senior Center, a Washington non-profit corporation (“Grantee”). RECITALS A. Grantor is the owner of the real property described in Exhibit A attached hereto (the “Burdened Property”). B. Grantee is the tenant of the real property described in Exhibit B attached hereto (the “Benefited Property”), which property Grantee leases from Grantor under ground lease dated ___________, 20__ (the “Ground Lease”). C. Grantor desires to grant an easement for the benefit of Grantee’s leasehold interest for the purposes and on the terms and conditions described herein. AGREEMENT 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for a term of years for access and parking (the “Easement”) across, over, and upon the access and parking improvements to be constructed by Grantor upon Grantor’s property described on Exhibit A attached hereto (also referred to as the “Easement Area”). The term of this Easement shall be coextensive with the term of the Ground Lease, including any extensions or early terminations. 2. Purpose and Scope of Easement. Grantor is constructing a parking lot on the Easement Area for the joint use by Grantor and Grantee. Grantee shall have the nonexclusive right to use the parking lot in the Easement Area to access the Benefitted Property at any time. Grantee shall not have the right to reserve the parking lot for its own exclusive use. Nor shall Grantee have the right to exclude Grantor from the parking lot. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for its own parking needs and for any other purpose not inconsistent with the rights herein granted; provided that, within the Easement Area, Grantor shall not erect or maintain any permanent structure or obstruction that would materially interfere with Grantee's use of the Easement Area. 4. Reciprocal Indemnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor’s officials, officers, directors, 4.4.e Packet Pg. 236 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) -2- employees or agents, or the concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee, through Grantee’s choice of capable legal counsel, shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee’s use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR, through GRANTOR’S choice of capable legal counsel, shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR’s use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be effected by certified United States mail, with 4.4.e Packet Pg. 237 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) -3- return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: City of Edmonds 121 5th Avenue N Edmonds, WA 98020 Attn: City Clerk If to Grantee: Attn: or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attorney's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. Severability. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Automatic Termination of Easement. This Easement shall automatically terminate upon the termination of the Ground Lease. In the event of such termination, the parties hereto agree to execute all documents necessary to document the termination and remove the encumbrance from title. 10. Amendment; Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. 11. Headings. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. 4.4.e Packet Pg. 238 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) -4- 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. GRANTOR: __________________________, a ____________ _____________ By: ________________________ Name: ________________________ Title: ________________________ GRANTEE: __________________________, a ____________ _____________ By: ________________________ Name: ________________________ Title: ________________________ 4.4.e Packet Pg. 239 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) -5- STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that _________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she 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. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that _________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she 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. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) 4.4.e Packet Pg. 240 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) A-1 Exhibit A BURDENED PROPERTY 4.4.e Packet Pg. 241 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) Exhibit B BENEFITED PROPERTY 4.4.e Packet Pg. 242 Attachment: 2018-11-13 parking final (Senior Center Lease Amendment Proposal) After Recording Return to: ____________________________ ____________________________ ____________________________ Attn: _______________________ UTILITY EASEMENT GRANTOR: City of Edmonds, a Washington municipal corporation GRANTEE: Edmonds Senior Center, a Washington non-profit corporation Legal Description: Abbreviated Form: ________________________________________ ________________________________________ ________________________________________ Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. _______________________________________ Reference Number(s) of Related Documents(s): ___________________________ 4.4.f Packet Pg. 243 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) This UTILITY EASEMENT (“Agreement”) is made and entered into this _______ day of _________________, 20__, by City of Edmonds, a Washington municipal corporation (“Grantor”) and the Edmonds Senior Center, a Washington non-profit corporation (“Grantee”). RECITALS A. Grantor is the owner of the real property described in Exhibit A attached hereto (the “Burdened Property”). B. Grantee is the tenant of the real property described in Exhibit B attached hereto (the “Benefited Property”), which property Grantee leases from Grantor under ground lease dated ___________, 20__ (the “Ground Lease”). C. Grantor desires to grant an easement for the benefit of Grantee’s leasehold interest for the purposes and on the terms and conditions described herein. AGREEMENT 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for a term of years for the purpose of extending utilities (the “Easement”) across, over, and upon the Burdened Property described on Exhibit A attached hereto (also referred to as the “Easement Area”). The term of this Easement shall be coextensive with the term of the Ground Lease, including any extensions or early terminations. 2. Purpose and Scope of Easement. Grantee is constructing a building on the Benefited Property pursuant to permission given under the Ground Lease. Grantee’s building will need to be served by various utilities. Grantee shall have the nonexclusive right to use the Easement Area to construct, repair, and maintain utilities to serve the building on the Benefitted Property pursuant to plans that have been approved by Grantor. Grantor’s approval of the utility plans shall not be unreasonably withheld, PROVIDED THAT nothing herein shall be construed to limit Grantor’s discretion to withhold approval of plans for the building under the Ground Lease. Grantee agrees to replace and restore to preexisting conditions, as nearly as practicable, the surface of the Easement Area within a reasonable time following any construction, repair, and/or maintenance of any utilities contemplated herein. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for its own parking needs and for any other purpose not inconsistent with the rights herein granted. 4. Reciprocal Indemnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, 4.4.f Packet Pg. 244 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) -2- contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor’s officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee’s use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor’s officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR’s use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE’s officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be effected by certified United States mail, with 4.4.f Packet Pg. 245 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) -3- return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: City of Edmonds 121 5th Avenue N Edmonds, WA 98020 Attn: City Clerk If to Grantee: Attn: or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attorney's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. Severability. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Automatic Termination of Easement. This Easement shall automatically terminate upon the termination of the Ground Lease. In the event of such termination, the parties hereto agree to execute all documents necessary to document the termination and remove the encumbrance from title. 10. Amendment; Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. 11. Headings. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. 4.4.f Packet Pg. 246 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) -4- 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. (Remainder of Page Intentionally Left Blank) GRANTOR: __________________________, a ____________ _____________ By: ________________________ Name: ________________________ Title: ________________________ GRANTEE: __________________________, a ____________ _____________ By: ________________________ Name: ________________________ Title: ________________________ 4.4.f Packet Pg. 247 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) -5- STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that _________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she 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. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that _________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she 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. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) 4.4.f Packet Pg. 248 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) A-1 Exhibit A BURDENED PROPERTY 4.4.f Packet Pg. 249 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) Exhibit B BENEFITED PROPERTY 4.4.f Packet Pg. 250 Attachment: 2018-11-13 utility final (Senior Center Lease Amendment Proposal) City of Edmonds ENGINEER'S ESTIMATE - Frontage Development Item Description Qty Unit Qty Unit Unit Price Total Price 1 Mobilization 1 LS 1 LS 8% 13,000$ 2 Traffic Control 1 LS 1 LS $15,000 15,000$ 3 Construction Survey 1 LS 1 LS $8,000 8,000$ 4 Erosion Control - Silt Fence 320 LF 320 LF $6 1,920$ 6 Erosion Control - CB Filter 5 EA 5 EA $350 1,750$ 10 Site Demo - Remove Concrete Sidewalk (assumed 4" thick) 487 SF 487 SF $2.50 1,218$ 11 Site Demo - Remove Asphalt Pavement (assumed 4" thick) 2789 SF 2789 SF $1.00 2,789$ 12 Site Demo - Dispose of Asphalt & Concrete Debris 50 CY 50 CY $23 1,150$ 13 Earthwork - Rough Grading 246 CY 246 CY $4.50 1,107$ 14 Earthwork - Fine Grading 3845 SF 3845 SF $0.20 769$ 15 Earthwork - Remove Unsuitable Material to Subgrade 100 CY 100 CY $37 3,700$ 16 Earthwork - Gravel Borrow for Pavement Subgrade 346 CY 346 CY $39 13,494$ 17 Earthwork - Bioretention Soil 25 CY 25 CY $63 1,587$ 18 Earthwork - Planting Soil 41 CY 41 CY $63 2,553$ 19 Earthwork - Onsite Dewatering 1 LS 1 LS $5,000 5,000$ 22 Storm Drainage - 12" Storm Drain Pipe, Including Trench 264 LF 264 LF $35 9,240$ 25 Storm Drainage - Catch Basin, Type I 6 EA 6 EA $950 5,700$ 27 Storm Drainage - Bioretention Planter 2 EA 2 EA $8,000 16,000$ 28 Storm Drainage - Rain Garden Grading 2 EA 2 EA $1,000 2,000$ 29 Storm Drainage - Dispose of Unsuitable 120 CY 120 CY $32 3,840$ 30 Storm Drainage - Gravel Borrow for Trench Backfill 120 CY 120 CY $39 4,680$ 31 Site Paving - Concrete Walkway, 4" 2160 SF 2160 SF $8 17,280$ 32 Site Paving - Concrete Pavement, 6" 0 SF 0 SF $10 -$ 33 Site Paving - Cast-in-Place Concrete Vertical Curb 301 LF 301 LF $44 13,244$ 34 Site Paving - Asphalt Pavement, 4" Thick 9 TON 9 TON $250 2,250$ 35 Site Paving - Pavement Marking and Signage 1 LS 1 LS $3,000 3,000$ 36 Landscape Planting- General 547 SF 547 SF $7 3,829$ 37 Landscape Planting- Bioretention 340 SF 340 SF $7 2,380$ 38 Landscape Planting- Trees 3 EA 3 EA $250 750$ 39 Irrigation 887 SF 887 SF $6 5,322$ 40 Relocate Bus Shelter 1 LS 1 LS $5,000 5,000$ 41 Electrical- TBD 1 LS 1 LS 42 6" dia. Sewer Line to Building, incl trench (assume 120 LF) 1 LS -$ 43 2" dia. Water Line to Building, incl trench (assume 120 LF) 1 LS -$ 44 6" dia. Fire Line to Building, incl trench (assume 240 LF, 2 hydrants) 1 LS -$ 45 3/4" dia. Gas Line to Building, incl trench (assume 120 LF) 1 LS -$ Bid Item Total 167,551$ WSST (10.3%)10.3%17,258$ SUBTOTAL =184,809$ CONTINGENCIES 66,531$ Multi-Year Inflation 2 YR 2 YR 3%11,089$ Design Contingency 20%36,962$ Management Reserve 10%18,481$ TOTAL - CONSTRUCTION COST =251,340$ CONSTRUCTION MANAGEMENT 15%37,701$ PUBLIC ART (1%)1%2,513$ TOTAL PROJECT COSTS =291,554$ VE Items 4.4.g Packet Pg. 251 Attachment: Edmonds Waterfront.Frontage Engineers estimate SD (Senior Center Lease Amendment Proposal) City of Edmonds ENGINEER'S ESTIMATE - Parking Lot Development Item Description Qty Unit Unit Price Total Price 1 Mobilization 1 LS 8% 58,000$ 2 Traffic Control 1 LS 2% 11,000$ 3 Construction Survey 1 LS $10,000 10,000$ 4 Erosion Control - Silt Fence 200 LF $6 1,200$ 5 Erosion Control - Construction Entrance 1 EA $3,500 3,500$ 6 Erosion Control - CB Filter 15 EA $350 5,250$ 7 Erosion Control - Treatment Train Rental, Operation, and Maintenance 3 month $12,000 36,000$ 8 Erosion Control - Treatment Train Mob, Setup, & Demobilization 1 LS $25,000 25,000$ 9 Erosion Control - Water Discharge Monitoring and Testing 1 LS $3,600 3,600$ 10 Site Demo - Remove Concrete Sidewalk (assumed 4" thick) 600 SF $2.50 1,500$ 11 Site Demo - Remove Asphalt Pavement (assumed 4" thick) 30300 SF $1.00 30,300$ 12 Site Demo - Remove Old Concrete Foundation 1 LS $10,000 10,000$ 13 Site Demo - Dispose of Asphalt & Concrete Debris 390 CY $23 8,970$ 14 Earthwork - Rough Grading 2300 CY $4.50 10,350$ 15 Earthwork - Fine Grading 36000 SF $0.20 7,200$ 16 Earthwork - Remove Unsuitable Material to Subgrade 500 CY $37 18,500$ 17 Earthwork - Gravel Borrow for Pavement Subgrade 2800 CY $39 109,200$ 17 Earthwork - Bioretention Soil 45 CY $63 2,809$ 18 Earthwork - Planting Soil 382 CY $50 19,078$ 18 Earthwork - Onsite Dewatering 1 LS $5,000 5,000$ 19 Storm Drainage - Roof Drain Pipe, Including Trench LF $23 -$ 20 Storm Drainage - 8" Storm Drain Pipe, Including Trench 73 LF $26 1,898$ 21 Storm Drainage - 12" Storm Drain Pipe, Including Trench 102 LF $35 3,570$ 22 Storm Drainage - Trench Drain 95 LF $350 33,250$ 23 Storm Drainage - Clean Outs 3 EA $400 1,200$ 24 Storm Drainage - Catch Basin, Type I 4 EA $950 3,800$ 25 Storm Drainage - Manhole 1 EA $3,500 3,500$ 26 Storm Drainage - Bioretention Planter 1 EA $8,000 8,000$ 27 Storm Drainage - Rain Garden Grading 1 EA $1,000 1,000$ 28 Storm Drainage - New Outfall with Trash Rack 1 EA $4,000 4,000$ 29 Storm Drainage - Dispose of Unsuitable 80 CY $32 2,560$ 30 Storm Drainage - Gravel Borrow for Trench Backfill 80 CY $39 3,120$ 32 Site Paving - Standard Finishes - Promenade 1500 SF $10 15,000$ 32 Site Paving - Artistic Finishes - Promenade 750 SF $20 15,000$ 31 Site Paving - Standard Finishes - Building Perimeter 3344 SF $10 33,440$ 33 Site Paving - Artistic Finishes - Building Perimeter 1115 SF $15 16,725$ 34 Site Paving - Artistic Finishes - Wedding Lawn "Ring" 103 SF $70 7,210$ 35 Site Paving - Concrete Pavement, 6" 140 SF $10 1,400$ 36 Site Paving - Cast-in-Place Concrete Vertical Curb 80 LF $35 2,800$ 37 Site Paving - Asphalt Pavement, 4" Thick 510 TON $160 81,600$ 38 Site Paving - Wheel Stops 71 EA $150 10,650$ 39 Site Paving - Pavement Marking 1 LS $10,000 10,000$ 40 Large Boulders 52 Ton 130.00$ 6,760.00$ 42 Landscape Planting- General 4546 SF $5 22,730$ 43 Landscape Planting- Bioretention 602 SF $7 4,214$ 44 Landscape Planting- Lawn- Sod 605 SF $15 9,075$ 45 Landscape Planting- Trees 30 EA $250 7,500$ 46 Irrigation 5753 SF $6 34,518$ 47 Electrical, Parking Pole Lights 11 EA $4,250 46,750$ 48 Removable Bollards 2 EA $1,000 2,000$ 49 Stationary Bollards 2 EA $500 1,000$ 50 Bike Racks 14 EA $250 3,500$ 51 Transformer enclosure 52 LF $75 3,900$ Bid Item Total 778,127$ WSST (10.3%)10.3%80,147$ SUBTOTAL =858,274$ CONTINGENCIES 308,979$ Multi-Year Inflation 2 YR 3%51,496$ Design Contingency 20%171,655$ Management Reserve 10%85,827$ TOTAL - CONSTRUCTION COST =1,167,253$ CONSTRUCTION MANAGEMENT 15%175,088$ PUBLIC ART (1%)1%11,673$ TOTAL PROJECT COSTS =1,354,013$ Note: Parking Lot Development does NOT include any street frontage work. VE Items 4.4.h Packet Pg. 252 Attachment: Edmonds Waterfront.Parking Engineers Cost Estimate SD (Senior Center Lease Amendment Proposal) 4.4.i Packet Pg. 253 Attachment: EWC SD Budget Summary 9-13-18 (Senior Center Lease Amendment Proposal) 4.4.i Packet Pg. 254 Attachment: EWC SD Budget Summary 9-13-18 (Senior Center Lease Amendment Proposal) Edmonds Senior Center Building Committee Building Replacement Feasibility Review June 2016 The need to replace the aging Edmonds Senior Center building has been under consideration for over 20 years. The building and property are owned by the City of Edmonds. Their Public Works Department has been monitoring the condition of the building and providing required maintenance. Over the past 30 years the only structural issues addressed have been an attempt to level the floor in the lobby and library in 1997, replacement of the seawall immediately west of the building in 2003 and replacement of the roof in 2011. A series of studies have been conducted to assess the feasibility of replacing the building and subsequent capital campaign to replace it. The central questions to be addressed included: 1. Can the existing structure be cost effectively upgraded to address seismic issues and expanded program needs? 2. Can ESC secure a long-term lease from the City should we make a major investment in the site? 3. Does ESC have the capacity to launch a major capital campaign? 4. What demographic trends and changing community needs should we consider in designing a new building? 5. How can we best respond to environmental concerns and sea level rise? 6. Can ESC sustain the new building once it is built? 7. Is there an alternative site that would better serve our needs for a new center? Can the existing structure be cost effectively upgraded to address seismic issues and expanded program needs? No Based on the 2007 “Geotechnical Report on the Edmonds Senior Center” by Shannon and Wilson, Inc. that concluded the cost of seismic upgrades and leveling the floor would have exceeded $3M with no other improvements to the building, the Board and the City decided it was not feasible to preserve the existing building. Can ESC secure a long-term lease from the City should we make a major investment in the site? Yes In 2013 the City’s Strategic Action Plan called for a long term solution for updating the Senior Center and designated ESC as lead to work with City’s Parks & Recreation Department to achieve that outcome. The following year the City Council unanimously endorsed ESC’s plan to demolish the existing building and construct a new multi- generational community center. In January 2015 the Council authorized the Mayor to sign an Option to Lease contract thereby approving a 40-year lease (with a 15 year - extension at ESC’s option) on the property. Does ESC have the capacity to launch a major capital campaign? Yes A pre-campaign study was conducted in 2000 by Pinson Philanthropic Advancement. Based primarily on gifts from individuals they determined the organization could raise in the range of $5M for a new building. In 2015 Daniel R. Johnson Consulting, LLC was retained to update the feasibility study. Based on his assessment, the organization is in a position to raise in the range of $10M - $12M. This amount 4.4.j Packet Pg. 255 Attachment: Building Replacement Feasibility Review FINAL (Senior Center Lease Amendment Proposal) assumes 55% will come from Government sources, 20% from individuals, 16% from foundations and the remainder from business and community campaign. What demographic trends and changing community needs should we consider in designing a new building? The Program Committee of the Board reviewed the Snohomish County Department of Human Services, Long Term Care and Aging, Area Plan on Aging Survey 2015, the 2013 Verdant Health Commission Health & Wellness Community Needs Assessment and conducted an ESC member survey. Based on this data they made the recommendation to expand program offerings and partnerships. Complementing the services and activities of ESC offered Monday – Friday 8:00 a.m. to 4:00 p.m., the City Parks & Recreation Department will provide classes and activities in the building from 4:00 p.m. to 10:00 p.m. Monday – Thursday. Since the City’s current community center, the Francis Anderson Center, is at capacity with a waiting list for many programs, the City plans to focus on youth programs at the Anderson Center and adult programs at the new Center. How can we best respond to environmental concerns and sea level rise? ESC commissioned a report from Herrera Environmental Consultants to evaluate the risks associated of building on the current waterfront site. The report considered sea level rise, storm waves and tsunami risk. In addition, the City approved the Critical Area Ordinance that is compatible with our plans with respect to FEMA guidelines. The Building Committee also met on site with the Corp of Engineers, local tribal representatives and the City of Edmonds Planning Department. Working in concert with our architect, Environmental Works, and the consultants listed above, ESC has determined a building can be safely designed to address risks associated with the waterfront location. Can ESC sustain the new building once it is built? Yes A business plan has been developed that addresses sustainability in detail. ESC has been in operation at the same site since 1967. The organization has been well managed, effectively living within its means while offering a diverse set of programs. ESC has no debt and maintains a three month operating reserve of $200K. Historically, ESC has relied on the principal the key to financial security is having a diverse and stable set of funding sources. The new center’s sustainability plan will build on that principal by capitalizing on the waterfront location in downtown Edmonds to expand rentals, public support, and thrift store sales. Did the ESC evaluate other possible sites? Yes, but moving to another site was deemed infeasible. The Edmonds Senior Center has operated from this location for 49 years and views themselves as stewards of this exceptional waterfront site. The leading reasons for remaining on the current location: • Moving to another site was considered in the City’s 2013 Strategic Action Plan. Several options where considered ranging from remodel to relocate. Moving to a different site received the lowest support among the 2,500 citizens who participated. • The ESC membership is passionate about staying. • The partnership with the City allows a building that will serve people of all ages. The larger more inclusive vision aids in raising the necessary funds to construct the building. 4.4.j Packet Pg. 256 Attachment: Building Replacement Feasibility Review FINAL (Senior Center Lease Amendment Proposal) • Stand-alone Senior Centers are being replaced across the country with community center / multi user models. • Our future sustainability is predicated on rental revenue which is directly linked to the waterfront site. Resources – Studies and Reports Site and Structures • Shannon & Wilson, Inc, April 18, 2007, Geotechnical Report, Edmonds Senior Center, Edmonds, Washington • MLA Engineering, pllc, April 13,2007, Seismic Evaluation • Landau Associates Inc., 1997, Report of geotechnical engineering services, Edmonds Senior Center, Edmonds, Washington. • Pacific Engineering Technologies, Inc., 1997, Letter regarding “Progress report, preliminary site observations and recommendations for additional study, report storm damage, Edmonds Senior Center 220-254 Railroad Avenue, Edmonds, Washington.” • Herrera Environmental Consultants, November 25, 2015, Report on the risk associated with reconstruction of the Senior Center at the Edmonds waterfront site • Cascade Testing Laboratory, Inc., Testing & Inspection – Engineering, 1976, Letter regarding, “Soils investigation, South County Senior Center Addition, 220 Railroad Avenue, Edmonds, Washington.” Capital Campaign • Pinson Philanthropic Advancement, Pre-Campaign Study May, 2000 • Daniel R. Johnson Consulting, LLC, Capital Campaign Feasibility Update, April 2016 Program • Edmonds Community College, June 13, 2014, Final Class Project for Introduction to Project Management, (Mgmt 270),”2014 Edmonds Senior/Community Center Programs Survey.” • Verdant Health Commission, 2013, Health & Wellness Needs Assessment. • AARP, Transforming Senior Centers into 21st Century Wellness Centers, December 2011 Sustainability • Edmonds Community College, Fall Quarter 2013, Final Class Project for Introduction to Project Management, (Mgmt 270),”New Facility Best Use Study.” • Edmonds Community College, August 20, 2013, Final Class Project for Introduction to Project Management, (Mgmt 270),”A Development Proposal for the Edmonds Senior Center Thrift Store.” • Edmonds Senior Center Strategic Plan – January 2016 • Edmonds Senior Center Business Plan – June 2016 4.4.j Packet Pg. 257 Attachment: Building Replacement Feasibility Review FINAL (Senior Center Lease Amendment Proposal) 1 Capital Campaign Feasibility Study for Edmonds Senior Center Updated April 2016 Introduction As a nonprofit and fundraising consultant I was retained by Edmonds Senior Center (ESC) in January 2015 to assess their readiness and potential to launch a successful capital campaign. My scope of work has comprised: • Reviewing Pre-Campaign Study by Pinson Philanthropic Advancement, May 2000 • Assessing the Board and organizational planning • Analysis of the organizations readiness and potential for a capital campaign • Establishing a range for fundraising goal • Preparing a campaign plan framework • Reviewing sustainability plan I am currently working for the ESC in a part-time capacity as the Campaign Director. Background: Edmonds Senior Center has operated from the same site since its formation as the South County Senior Center in 1967. The building, located along the shoreline in Edmonds, was formerly used for boat storage and sales. The building and property are owned by the City of Edmonds. The City makes the space available to ESC on a long term ($10/ year) lease, maintains the building and supports the center with an annual program grant of $60,000. The topic of building a new building was first introduced in the mid-1970’s but there was insufficient urgency and lack of support on the Board for a new center. As the building continued to show its age the ESC Board began the due diligence to explore a capital campaign to build a new center. A campaign feasibility study was completed in 2000. In 2007 a geotechnical study by Shannon & Wilson found the aging building had significant structural issues that needed to be addressed. The estimated cost at that time for the retrofit and seismic upgrades was $3M. In 2013 the City’s Strategic Action Plan called for a long term solution for updating the Senior Center and designated ESC as lead to work with City’s Parks & Recreation Department. The following year the City Council endorsed ESC’s plan to demolish the existing building and construct a new community center. Goals: (1) Construct a new state of the art, sustainable, model community facility that serves citizens of all ages. (2) Expand programs emphasizing health & wellness. (3) Protect, preserve and enhance the rare waterfront property for community use. Board: ESC’s Board is made up of 21 dedicated Board members. The Board oversees planning, program, finance and fundraising. During the past year the Board completed a strategic planning process, and recruited 10 new high caliber Board members. Staffing: There are a total of 9 paid professional staff. The Executive Director, Farrell Fleming has 38 years of nonprofit managerial experience. The Finance Manager has 34 years of nonprofit leadership experience including extensive experience managing large construction projects. 4.4.k Packet Pg. 258 Attachment: Campaign Feasibility Study FINAL (Senior Center Lease Amendment Proposal) 2 Building Committee: The principals of the Building Committee have vast experience covering all aspects of planning, permitting and construction. Anthony de Sam Lazaro, PhD CEng - Professor and Dean Emeritus of the School of Engineering at Saint Martin's University in Lacey WA. Phil Lovell, P.E., M.ASCE – retired Vice President & Operations Manager – Turner Construction (37 years). John Osterhaug – retired Engineer - Honeywell Inc. Colleen Clayton – retired development review professional – City of Bellevue, Department of Planning & Community Development. Hydrology Engineer – King County Building Department of Development and Environmental Services Subdivisions Department. Terry Olmsted - retired Engineering Geologist with over 50 years’ experience in the geotechnical and environmental engineering fields. Wayne Hakola – retired Project Manager, University Mechanical Contractors Inc. City of Edmonds: Edmonds is the third most populous city in Snohomish County after Everett and Marysville, the population was 39,709 according to the 2010 census. Based on per capita income, one of the more reliable measures of affluence, Edmonds ranks 20th of 281 areas in the state of Washington. According to a 2009 estimate, the median income for a household in the city was $66,892 and the per capita income for the city was $42,432. About 2.6% of families and 4.6% of the population were below the poverty line, including 3.9% of those under age 18 and 3.3% of those age 65 or over. As of the census of 2010, there were 39,709 people, 17,381 households, and 10,722 families residing in the city. The racial makeup of the city was 83.4% White, 2.6% African American, 0.7% Native American, 7.1% Asian, 0.3% Pacific Islander, 1.8% from other races, and 4.1% from two or more races. Hispanic or Latino of any race were 5.3% of the population. Pinson Philanthropic Advancement Campaign Assessment • Sought input from 65 community leaders through personal interviews • Confirmed a broad base of support for ESC’s work and vision • 95% of those interviewed were aware of the need for a new Center • 81% said they would contribute • Determined a capital campaign in the range of $5M was possible Daniel R Johnson Consulting, LLC Feasibility Process: Working with the Board leadership we identified community leaders, former Board members, donors and key Snohomish County funders. We organized them by category to ensure a representative sample including: • Board (20) • Past ESC leadership (8) • Donors & donor prospects (18) • Government (9) • Foundations (10) • Business (5) Seventy interviews were conducted inquiring from the individuals their perception of ESC and their plans to build a new center as well as assess their potential interest in investing in the project. 4.4.k Packet Pg. 259 Attachment: Campaign Feasibility Study FINAL (Senior Center Lease Amendment Proposal) 3 Assessment: Vision – The vision to build a center for people of all ages rather than just replace the senior center has activated a broad base of supporters. Bringing young and old together opens up countless opportunities for intergenerational programing. In turn, this larger vision will appeal to a greater number of individual donors and funders. The partnership with the City of Edmonds is a central aspect of the sustainability plan as the City will fund the Parks and Recreation programs offered in the center from 4:00 – 10:00 pm Monday – Thursday. Building Site - The rare waterfront site is designated as a regional park. The City has indicated they will take the lead on fundraising for the beach restoration budgeted at $1.415M. The exceptional views of the ferries, Puget Sound and the Olympic mountains will be a draw for participants and potential rentals. The facility is also adjacent to a regional transportation hub; the Washington State Ferry, Sounder Commuter Train, three local bus lines and one commuter route are all within walking distance of the Center. Institutional Readiness Board – the Board of 21 is diverse in age and experience. They are among the most dedicated Boards I have worked with in my career. Seven Board members actively serve on the Capital Campaign Committee. Four have taken key leadership and strategy roles: Gary Haakenson – former Mayor of Edmonds; David Jaffe – retired CEO of Swedish Edmonds and Harborview Hospitals; Kevin Hanchett - attorney & principal of Resource Transition Consultants; Heather Krause – Krause & Thorpe Wealth Management – RBC. Recommendation: continue Board development & Board expansion. Planning – During the past 12 months the Board has completed a strategic plan. Recommendation: complete operations plan and marketing plan. Infrastructure – Recommendation: complete website upgrade. Capital Campaign Plan: Plan Overview Sector Goal Raised Balance Leadership Individuals $ 2,500,000 $ 1,025,000 $ 1,475,000 Board $ 300,000 $ 140,026 $ 159,974 Government $ 5,500,000 $ 1,750,000 $ 3,750,000 Foundations $ 2,000,000 $ 30,000 $ 1,970,000 Businesses $ 400,000 $ -0- $ 400,000 Community Campaign $ 300,000 $ 26,190 $ 273,810 SUBTOTAL – Building & Parking $11,000,000 $ 2,971,216 $ 8,028,784 City of Edmonds $ 1,415,743 $ -0- $ 1,415,743 SUBTOTAL – Shoreline Restoration & Access $ 1,415,743 $ -0- $ 1,415,743 TOTAL $12,415,743* $ 2,971,216 $ 9,444,527 * This number includes $1,415,743 for beach restoration and access; the City of Edmonds has taken the lead on this and has applied to the State for funding. Fundraising – Recommendation: I have assessed ESC’s capacity to raise capital funds from individuals, government, foundations, local businesses and equity partners. 4.4.k Packet Pg. 260 Attachment: Campaign Feasibility Study FINAL (Senior Center Lease Amendment Proposal) 4 • Individuals – ESC has a broad base of supporters, but a small base of donors. This is due in part because they have done limited fundraising over the years. In many cases supporters can be converted into donors especially when they believe in the vision and have confidence in the organization to both build and sustain the new facility. Rick Steves has made a $1M matching pledge. Based on my interviews I believe ESC can raise between $2M - $2.5M from individuals. • Government – ESC is uniquely positioned to raise at least 50% of its campaign goal from government sources. The City of Edmonds has committed nearly $1M and applied for another $1M from the State for the shoreline. A State appropriation of $1.25M was secured in 2015. A State Building Communities Fund application of $2.25M is being submitted in August. The County has encouraged ESC to request $500K in Real Estate Excise Tax and a $1.75M request from Verdant Health Commission is pending. As a result, I estimate ESC can raise between $5M and $6M. • Foundations –I have spoken with four foundations who have indicated an interest in the project. We have identified an additional 10 foundations where their funding priorities align with ESC’s plans. Based on their current success and identified prospects I believe ESC can raise between $1.5M – $2M from foundations. Foundation Prospects C. Keith Birkenfeld Charitable Trust Multiple conversations – green light to apply in Sept Boeing Employees Community Fund Multiple conversations – apply in the fall Campion Foundation Margaret Cargill Foundation Initial inquiry made Charlotte Martin Foundation Foster Foundation Initial inquiry made McCaw Foundation McEachern Charitable Trust LOI submitted Hazel Miller Foundation Asked for request once more funding is secured Norcliffe Foundation Asked for request once more funding is secured Medina Foundation Meeting with ED – encouraged ESC to apply Murdoc Foundation RBC – Blue Water Board members works for company – will sponsor grant Young Foundation Funded campaign • Business – I have met with 5 business owners and the Chamber of Commerce. Based on this information I believe ESC can raise between $300,000 and $500,000 from local businesses and service Clubs. Fundraising Environment in Edmonds – ESC must be clear in their messaging that distinguishes them from other groups raising capital funds in the region. Other Capital Campaigns in the area Organization Goal Status Edmonds Community College – STEM Building $8M Planning Veterans Plaza $450K Wrapping up campaign Volunteers of America – neighborhood center $12M In process Edmonds School Dist Fd Nourishing Network – Admin & pantry $500K Planning 4.4.k Packet Pg. 261 Attachment: Campaign Feasibility Study FINAL (Senior Center Lease Amendment Proposal) 5 Hurdles to overcome: • ESC has not previously conducted a capital campaign • Lack of major donor base • Few large scale fund drives have been conducted in area to identify major gift capacity • Growing the Board to include the horsepower to complete the campaign • Messaging – tendency for public to view the new center as just a new senior center Conclusion: Based on the interviews, dollars raised and my analysis, ESC in a position to raise $10M - $12M in a public capital campaign. This would require continuing the momentum they have built and further engaging new Board members. Daniel Johnson Daniel R Johnson Consulting, LLC Daniel Johnson Background Daniel Johnson, MSW, has worked in non-profit leadership for more than 30 years. He has a Masters of Social Work in the area of community organizational services and non-profit management from the University of Washington. Daniel’s professional career has focused on fundraising, marketing, board development, strategic planning, change management and leadership. Joining Boys & Girls Clubs of King County in 1995 as a Branch Executive Director, he rose through the ranks to President & CEO where he served for 12 years. Under his leadership he raised $48M for capital improvements, grew the organization from a $6M to $14M serving 18,000 children with a staff of 400 and won top program in the nation two years in a row. Since leaving Boys & Girls Clubs Daniel has provided non-profit consulting in the areas of executive leadership, board development, strategic planning and fundraising. In the past 5 years he has been providing capital campaign council for 7 campaigns totaling $47M. Three buildings have been completed and one is under construction. He is currently completing the $9M Village Green Community Center campaign in Kingston. The center, housing a Boys & Girls Club, Library and Senior Center opened in May 2016. 4.4.k Packet Pg. 262 Attachment: Campaign Feasibility Study FINAL (Senior Center Lease Amendment Proposal) Page 1 / 2 UPDATE 7/2/2018 REVISION Edmonds Waterfront Center Budget Control Log - SD Estimate Running total TCC -> $ 12,001,415 ALT #DESCRIPTION FOLLOW-UP DRAWING CHANGE REQUIRED TOTAL VALUE REMARKS PENDING ACCEPTED DECLINE Global Scope Items G1 Receive/review hazardous material report to confirm budget (no report issued). $50,000 allowance in SD budget ESC $ - unverified X G2 Possible conflict with Ebb Tide footings during demo - delete shoring allowance. $10,000 allowance in SD budget EW $ (12,315) To be carried by ESC $ (12,315) G3 $ - G4 $ - Architectural/Structural A1 Replace bottom 30" of west & curved curtain wall with concrete stem wall and interior furred wall-124 LF EW/WGC $ (4,428) Includes curved wall footage $ (4,428) A2 Add faux chimney screening around rooftop kitchen hood exhaust fan EW/ESC $ - X A3a Replace exterior brick/masonry with Ceraclad (or equal) siding EW/ESC $ (54,508) Cereclad X A3b Replace exterior brick/masonry with Nichiha (or equal) siding EW/ESC $ (44,644) Nichiha option X A4 Change ground faced CMU to split faced or standard block at dumpster location $ (867) $ (867) A5 Change metal wrapped interior base to painted AZEK type materials $ (14,408) $ (14,408) A6 Leave existing CMU wall at Ebb Tide/EWC and cut down to 7' tall and flash top of wall ESC $ - Potential savings in protection of Ebb Tide footings. Need further discussions with EBB Tide X A7 Delete hurricane shutters on west/north side of building $ (58,253) $ (58,253) A8 Change to level four drywall finish vs. level five that was specified (or reduce if possible) $ (30,787) At all walls $ (30,787) A9 Change to surface walk off matts at entry (carpet tiles) vs. Pedigrid recess walk off $ (8,600) At the 2 vestibules (east & west) $ (8,600) A10a Banquet room floor-Loose lay enhanced resilient vinyl (Mohawk Secoya) in lieu of wood ESC $ (37,663) Verify products $ (37,663) A10b Densified and polished (not stained) concrete floors throughout 1st floor in lieu of floor coverings $ (66,658) Storage rooms to remain sealed concrete $ (66,658) A11 Review floating floor at the stage area for value engineering ESC $ - Same as banquet floor X A12 Acoustic wall treatment / confirm scope and extent of panels EW/Acoustic $ - Sound consultant X A13 Change skylight stairs from architectural specialty to standard built in stairs $ (18,472) $ (18,472) A14 Confirm actual count/length of auger cast grout piles vs. estimated count by engineer Geotech/Engineer $ - Geotech & engineer X A15 Ceraclad siding vs. Hardie panel $ (30,368) Field painted X A16 Rigid insulation under entire slab vs. just grade beams/perimeter per spec EW $ 32,018 Need energy model for decision $ 32,018 A17 Review corridor hand rails for scope and extent of rails (one side covered in budget)EW/ESC $ - X A18 Delete fireplace ESC $ (58,494) $ (58,494) A19 PVC roofing over rigid insulation over car decking in lieu of metal roofing over SIPS panels $ (255,011) $ (255,011) A20 Substitute "second look" ACT vs. the 12"x 12" ceiling tile specified $ - included in SD budget X A21 Eliminate exterior "banners" included in SD Budget $ (24,629) $ (24,629) A22 Delete acoustic glazing requirement EW/Acoustic $ (73,001) See #A32 & A33 X A23 Delete acoustic rated wall requirement EW/Acoustic $ - Need Acoustic Engineer X A24 Straight line north curtain wall in lieu of radius.EW -$ Due to more sq footage, no cost savings. X A25 Nanawall to 4 pairs of 6'x8' doors w/2 foot transom above $ (14,246) $ (14,246) A26 Vapro shield vapor barrier in lieu of Prosoco $ (30,541) $ (30,541) A27 Delete oculus roof opening $ (1,638) $ (1,638) A28 Change spandrel panels to siding over wood framing (2004 SF) $ (84,348) See #A32, A33, & A34 for revised exterior finishes X A29 Change to storefront at NE corner conference/multipurpose room in lieu of curtain wall EW $ - See #A32 X A30 Add Public Art $ - Add to budget X A31 Lower first floor height 2' $ (115,824) X A32 Revise storefront/curtain wall per 4.13.18 Progress Set. 2 layers laminated STC 42 glazing at acoustic storefront windows. $ (482,698) Major change is curtain wall on west elevation changed to vinyl windows. $ (482,698) A33 Vinyl windows with custom color exterior/white interior and STC 38 glazing at acoustic glazing per 4.13.18 Progress Set $ 77,330 $ 77,330 A34 Cereclad siding in standard colors per 4.13018 Progress Set $ 142,417 $ 142,417 A35 Drainage mat in lieu of outboard mineral fiber insulation at exterior stone cladding $ (14,396) Needs verification with energy envelope $ (14,396) A36 2" mineral fiberboard insulation with thermal break clips in lieu of R10 rigid outboard insualtion $ 102,456 X A37 Add 2 layers 5/8" gypsum fiber roof board over roof substrate for sound attenuation 110,424$ X A38 Add to upgrade banquet folding partition to STC 56 Encore electric automated, stack kitchen side $ 36,051 $ 36,051 A39 ROM budget add to change from 3x6 to 4x6 car decking and 15% increase in roof glu lam support beams $ 111,507 A40 $ - 4.4.l Packet Pg. 263 Attachment: EWC SD BCL 7-2-18 (Senior Center Lease Amendment Proposal) Page 2 / 2 ALT #DESCRIPTION FOLLOW-UP DRAWING CHANGE REQUIRED TOTAL VALUE REMARKS PENDING ACCEPTED DECLINE A41 $ - A42 $ - A43 $ - Landscape & Site Improvements L1 Remove the two fire hydrants from SD Budget $ (12,315) $ (12,315) L2 $ - L3 $ - Elevator E1 Elevator: proposed subcontract vs. SD Budget $ (23,996) $ (23,996) E2 $ - Mechanical/Plumbing M1 Plumbing: Proposed subcontract amount vs. SD budget $ (105,316) $ (105,316) M2 Use ABS/PVC for underground and vent piping vs. cast iron $ (7,033) $ (7,033) M3 Delete footing drains $ (7,019) To be verified by Engineer $ (7,019) M4 Use CPVC or WIRSBO water lines in lieu of copper $ (8,145) $ (8,145) M5 Use ABS/PVC vent piping in lieu of cast iron except at banquet and thrift store spaces $ (9,282) $ (9,282) M6 Add to change all toilets to handicap height ESC $ - No cost add as long as stay with floor mounted toilets X M7 HVAC: Proposed subcontract amount vs. SD budget $ (329,239) $ (329,239) M8 Pollutant control device (PCD) for kitchen hood exhaust. Verify if required. $ (156,932) Add faux chimney on roof $ (156,932) M9 Add ceiling fans to exercise and gathering places as requested by ESC ESC $ - X M10 $ - M11 $ - Fire Protection FP1 Fire sprinklers: Subcontract vs. SD budget $ (17,179) $ (17,179) $ - Electrical E1 Electrical: Proposed subcontract amount vs. SD budget $ (54,477) $ (54,477) E2 Reduce light fixture allowance - VE lighting package EW $ - Lighting layout/fixture specification needed X E3 Confirm IT/AV scope of work to support Owners Vendor ESC $ - X E4 Add Electrical charging stations in parking lot CITY OF E $ - X E5 $ - E6 $ - Subtotals $ (1,655,526) $ (49,035) $ (1,528,185) $ - SD Estimate R0 $ 13,529,600 TCC SD Estimate TCC including accepted alternates $ 12,001,415 Yellow items are changes to previous BCL Note 1) All pricing includes contractor markups but excludes sales tax. Note 2) Cost alternate items are not represented to be equal to specified products. Owner is understood to acknowledge this for any accepted alternates. Note 3) Architect is responsible for confirming accepted alternates meet requirements for intended use and applicable codes. 4.4.l Packet Pg. 264 Attachment: EWC SD BCL 7-2-18 (Senior Center Lease Amendment Proposal) Waterfront Redevelopment/Sr Ctr parking lot/Frontage improvements Expenditures 2017 2018 2019 Total 2020 Design - Waterfront $248,987.00 $674,668.00 $275,000.00 $293,537.00 $106,131.00 Design Parking Lot $116,040.00 Design/Frontage $106,131.00 Design Ebb Tide $203,510.00 Environmental Permitting $75,000.00 $75,000.00 Construction - Ebb tide $1,371,033.00 $1,371,033.00 TCE Ebb Tide TBD TBD Construction -Parking Lot $1,354,013.00 $1,354,013.00 Construction - Waterfront $2,129,118.00 $2,129,118.00 Construction -frontage $291,554.00 $291,554.00 Engineering Staff $180,000.00 $50,000.00 $80,000.00 $50,000.00 Building Permit costs $70,000.00 $50,000.00 $20,000.00 Total $6,145,386.00 $350,000.00 $343,537.00 $4,010,816.00 $4,704,353.00 $1,441,033.00 Revenue Fund 125 $525,000.00 $125,000.00 $455,887.00 $291,033.00 Fund 126 $125,000.00 $150,000.00 $164,598.00 $250,000.00 Park Impact Fees $500,000.00 $250,000.00 $350,000.00 $150,000.00 WWRP $500,000.00 $750,000.00 ALEA $500,000.00 Snohomish County $125,000.00 Sr Ctr: 50% design for Parking lot and frontage $111,085.00 Sr. Ctr: 50% construction for parking lot, frontage $822,783.00 Total $1,150,000.00 $636,085.00 $2,918,268.00 $4,704,353.00 $1,441,033.00 Ttl cost for Parking lot and Frontage: $1,867,736 Ttl for Sr. Ctr.$933,868.00 4.4.m Packet Pg. 265 Attachment: Waterfront Redevelopment and Sr Ctr parking lot draft budget (Senior Center Lease Edmonds Waterfront Center Campaign Update – 11/15/18 Raised to date: $12,054,218 toward goal of $16M Campaign highlights • Met $1M Rick Steves community challenge • $2,182,000 in recent gifts ($1M Rick Steves; $1M John Osberg) • Submitted conditional use and shoreline development permits • Securing community space to house programs during transition year • Signed lease at Westgate for Thrift Store - to open in January. • Plan to break ground in Spring 2019 (subject to fundraising & permitting) Sector Goal Raised Balance Leadership (individuals) $ 6,100,000 $ 5,707,500 $ 392,500 Board Board Reserves $ 400,000 $ 370,121 $ 125,000 $ 29,879 ($ 125,000) Government $ 6,500,000 $ 4,000,000 $ 2,500,000 Foundations $ 2,500,000 $ 1,507,000 $ 993,000 Community Campaign $ 500,000 $ 344,597 $ 155,403 Total $ 16,000,000 $ 12,054,218 $ 3,945,782 Potential Sources of Additional Funds Leadership Gifts – Goal $1.5M • Campaign Co-Chair Gary Haakenson Board – Goal $ 50,000 • Asking Board members (who are able) to increase their original pledge Government – Goal $1,500,000 • State, County, City Foundations – Goal - $1M • Hazel Miller, CFSC, McEachern, Satterberg Foundation, local Tribes Community Campaign – Goal - $250K • Business campaign – in partnership with the Chamber – “We’re In!” • Service Clubs 4.4.n Packet Pg. 266 Attachment: Campaign Update 11-15-18 (Senior Center Lease Amendment Proposal) 4.4.n Packet Pg. 267 Attachment: Campaign Update 11-15-18 (Senior Center Lease Amendment Proposal) 4.4.o Packet Pg. 268 Attachment: EWC Operational Draft Pro forma 8-23-18 (Senior Center Lease Amendment Proposal) Edmonds Waterfront Center Capital Campaign Funding Timeline Year 2018 2019 2020 Quarter Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Target Gifts $300K $400K $500K $200K $100K $100K $ Leadership Gifts ($100K +) Stewardship Major Gifts ($10K - $99K) Community Gifts (<$10K) Government County $500K Appropriation $1M City $500K TT Foundations & Service Clubs Hazel Miller $200K Young $75K CFSC Rotary $150K McEachern $50K Tribes Business Chamber Auto Dealers Real Estate Banks Total $13M $13.5M $15M $15.25M $15.8M $15.9M $16M Note: As we meet with donor prospects we are also exploring their potential interest in private lending for bridge financing. $13M $16M Break Ground Open 4.4.p Packet Pg. 269 Attachment: Fundraising Timeline Senior Center 11-14-18 (Senior Center Lease Amendment Proposal) DATE: November 21, 2018 TO: Carrie Hite FROM: Edmonds Senior Center RE: Feasibility Study and Proforma At last night’s City Council meeting a request was made for an updated Capital Campaign Feasibility study and proforma for the new Edmonds Waterfront Center that includes debt service and capital reserve. Feasibility Study • Met with City Finance Committee on 9/20. • The attached April 2016 Feasibility Study was provided. (The annual contribution from the City for programing has been updated to $75K). • At the 2/21/18 Board meeting the Board evaluated the increased costs of the project and voted to approve a $16M budget. See attached Decision Document and Feasibility of Increased Campaign Goal document 2/12/18. • At the 9/20 Finance Committee we explained that since the Board had approved the $16M budget we would be providing a monthly updated fundraising report and strategy rather than feasibility updates. • We have raised $5.8M in the last 12 months. At this time last year, we had raised $6.25M. Today our total raised is $12,052,000. We do not intend to stop fundraising until all the funds have been raised. • At the 9/20 City Finance Committee meeting a request was made for a fundraising timeline with benchmarks (see attached). Proforma • We provided the attached draft proforma at the 9/20/18 City Finance Committee. • At the September 19 Board meeting, the Board voted to retain the financial services of Kristin Cebull of Leora Consulting, LLC to assist the organization in preparing short and long- term financial plans for the Center to assist with pursing bank or private financing required for the project. That work is currently underway (see attached contract). Kristin was recommended by two local banks who we contacted to explore financing options. • Included in this effort will be an independent market analysis for projected rental and thrift store revenue as well as review of staffing and annual fundraising plans. • It is anticipated that any debt service that may be required after construction will be covered by pledge payments. • We will provide to the City the approved proforma once it is complete. 4.4.q Packet Pg. 270 Attachment: Memo to City about Feasibility and Proforma 11-21-18 (Senior Center Lease Amendment Proposal) EWC Project Budget Review & Decision Document 2/21/18 Background: The ESC has been pursuing an $11M capital campaign goal (including construction costs and soft costs) to construct the proposed Edmonds Waterfront Center. The goal was established by benchmarking similar projects and with the help of a professional cost estimator in 2015. Since retaining W.G. Clark as our contractor we have been meeting every two weeks for a Team meeting that includes representatives from the architect, the contractor and ESC Building Committee. At the January 15th Team meeting W.G. Clark presented their project budget estimate based on the bids they received from their subcontractors. The bids were based on "Schematic Design" level drawings and specifications dated Nov. 9, 2017 as prepared by our design leader, Environmental Works. When adding in the soft costs (design, sales tax, fundraising, financing) the estimate exceeded $18M. It was immediately communicated to Environmental Works and W.G. Clark that an $18M budget was out of the reach of the ESC. The conversation shifted to ways to reduce the cost of the building. Since the 1/15 Team meeting, multiple meetings have been conducted to explore ways to reduce the costs as well as determine what we can realistically raise. Key Questions: 1. How much are we likely to save in value engineering? 2. How much can we raise? 3. If we must reduce the size of the building what spaces would we cut? 4. What are the risks associated with constructing a smaller building? 5. How do the various options affect the schedule? Information needed to make an informed decision: • Value Engineering Budget Control Log – W.G. Clark • Fundraising Feasibility Review – Daniel & Gary • Modeling to show the effects of making changes to the building – Environmental Works • Construction Budget & Cashflow for different options – Chris • Project schedule – W.G. Clark Value Engineering – Phil • In the first value engineering exercise we identified $1.2M in savings. The items included: different roofing method ($255K); eliminate fireplace ($58,494); delete hurricane shutters ($58,253)… • To finalize several significant VE items we are waiting on the final studies and designs from subcontractors. For example, once we get the Geotech report we can refine our piling and grade beam foundation design. The current budget for this item is $500K. • Other opportunities for savings will be based on our decision on glazing, kitchen, HVAC and furniture, fixtures and equipment. • Our goal is to identify an additional $800K in savings. 4.4.r Packet Pg. 271 Attachment: EWC Project Budget Review - Decision Document 2-21-18 (Senior Center Lease Amendment Proposal) Fundraising Feasibility – Diane & Gary Raised to Date Sector Goal Raised Balance Pending Leadership (individuals) $ 3,900,000 $ 3,400,177 $ 499,823 $ 55,323 Board Board Reserves $ 300,000 $ 285,846 $ 125,000 $ 14,154 $ -0- Government $ 4,800,000 $ 3,500,000 $ 1,300,000 $ 1,000,000 Foundations $ 1,500,000 $ 1,441,500 $ 58,500 $ -0 Business $ 300,000 $ 209,400 $ 90,600 $ -0- Community Campaign $ 200,000 $ 192,823 $ 7,177 $ -0- Total $ 11,000,000 $ 9,154,746 $ 1,845,254 $ 1,055,323 Potential Sources - Leadership Gifts – Goal $2.5M • Establishing a Campaign Cabinet led by Campaign Co-Chair Gary Haakenson Board – Goal $150,000 • Ask Board members (who are able) to increase their original pledge Government – Goal $3,500,000 • State, County, City and Verdant Foundations – Goal - $500,000 • NW Health Foundation (Kaiser); Tulalip Cares Foundation Business – Goal - $300K • Auto dealers, business campaign – in partnership with the Chamber 4.4.r Packet Pg. 272 Attachment: EWC Project Budget Review - Decision Document 2-21-18 (Senior Center Lease Amendment Proposal) • Business members campaign Community Campaign – Goal – $250K • Service Clubs • Direct mail, Paver campaign Evaluating a smaller building - Tony • Identified 5,000 sf that could be cut from the building (see attached) • 5,000 sf reduction will translate to a $1,125,000 savings • If we move forward with a significantly smaller building than was first proposed it may create an issue for our lease with the City Preliminary Budget and Cashflow - Alma • $16M project budget (attached) • Project cashflow estimate (attached) Project Schedule – Phil • The original construction schedule showed a groundbreaking in November 2018 and occupancy by December 2019. • With the recent due diligence related to value engineering and fundraising feasibility, the groundbreaking has been pushed out to January 2019. • If the schedule continues to slide we risk cost escalation in this super-heated construction market. Committee Recommendations • Executive Committee – met 2/6/18 recommends ESC move forward on the 11/9/17 schematic design. • Building Committee – met 2/13/18 - recommends that ESC adopt the 11/9/17 schematic design developed by Environmental Works. • Finance Committee – met 2/15/18 – recommends adoption of a $16M project budget for the EWC. • Capital Committee – met 2/15/18 – recommends that we increase the campaign goal – not to exceed $16,000,000. Recommendation Based on the recommendations of the Executive Committee, the Building Committee, the Finance Committee and the Capital Campaign Committee recommend that the Board approve: • Acceptance of the 11/9/17 schematic design • Adoption of a $16M project budget, and • A campaign goal not to exceed $16,000,000 4.4.r Packet Pg. 273 Attachment: EWC Project Budget Review - Decision Document 2-21-18 (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 274 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 275 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 276 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 277 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 278 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) 4.4.s Packet Pg. 279 Attachment: Kristin Cebull contract_ (Senior Center Lease Amendment Proposal) City Council Agenda Item Meeting Date: 11/27/2018 Authorization for Mayor to sign a Supplemental Agreement with Murraysmith for the Five Corners Reservoir Recoating Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On April 5, 2016, Council authorized the Mayor to sign Supplemental Agreement No.1 with Murray Smith & Associates. On April 4, 2017, Council authorized the Mayor to sign Supplemental Agreement No.2 with Murray Smith & Associates. On February 20, 2018, Council authorized the Mayor to sign Supplemental Agreement No.3 with Murraysmith. On June 19, 2018, Council authorized the Mayor to sign Supplemental Agreement No.4 with Murraysmith. On November 20, 2018, staff presented this item to full Council and it was forwarded to the November 27th consent agenda for approval. Staff Recommendation Authorize Mayor to sign the Supplemental Agreement. Narrative In April 2018, Redside Construction began work on site improvements and recoating of the 1.5MG Five Corners Reservoir. Murraysmith is the design engineer of record for this project and they have been providing engineering support services during the construction phase. The proposed supplemental agreement will provide additional budget for support services for the upcoming work on the 3.0MG Reservoir. Additional services have been required to address submittal reviews, change order support, on-site inspections, structural engineering support and corrosion repairs. The proposed fee for the Supplemental Agreement is $59,810. The fee includes $6,000 in management reserve to address unforeseen work, if needed, on the 3.0MG Reservoir. The additional services will be paid from the Water Utility Fund. The supplemental agreement raises the total contract amount with Murraysmith to $508,414. Background On August 3, 2015, the City entered into a Professional Services Agreement for $71,019 with Murray 4.5 Packet Pg. 280 Smith & Associates (MSA) to complete a preliminary study and recommendations for the Five Corners Reservoir. On April 18, 2016 the City entered into a $60,465 Supplemental Agreement 1 with MSA. The contract included a geotechnical investigation to obtain information on soil bearing capacity and ultrasonic testing on reservoir tank welds to obtain information on reservoir shell strength that will replace engineering assumptions previously used in the structural analysis. MSA also evaluated operational constraints to determine if reductions in storage volumes could reduce the impact from a seismic event. MSA’s technical memorandum concluded that the reservoirs could meet current seismic codes and be operational within the City’s parameters for water service by lowering the level of the reservoir overflow pipes and making minor structural enhancements to the roof of the 1.5 MG tank. On April 7, 2017 the City entered into a $178,829 Supplemental Agreement 2 with MSA. The contract included final design, plans specs and construction cost estimates, surveying and mapping and bidding engineering services. On March 28, 2018 the City entered into a $107,846 Supplemental Agreement 3 with Murraysmith (formerly MSA). The contract included construction support, shop drawings and submittals review, requests for information and change orders, on-call construction observation, support for coating inspection and testing and sub-consultant services for structural engineering and corrosion engineering, coordination with special inspections, final inspection and reservoir startup and record drawings for the project. On June 25, 2018 the City entered into a $30,445 Supplemental Agreement 4 with Murraysmith. The contract included additional shop drawings and submittals review and plan revisions that will provide the contractor with conforming plans as minor changes are made to the reservoir design. Attachments: Murraysmith Supplemental Agreement 4.5 Packet Pg. 281 Original Contract No. 6575 Supplemental Agreement 5 No. CITY OF EDMONDS 121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division DAVE EARLING MAYOR SUPPLEMENTAL AGREEMENT 5 TO PROFESSIONAL SERVICES AGREEMENT Five Corners Reservoir Recoating Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the “City”, and Murraysmith, hereinafter referred to as the “Consultant”, entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Five Corners Reservoir Recoating Project, dated August 3, 2015 and amended April 18, 2016, April 7, 2017, March 28, 2018 and June 25, 2018; and WHEREAS, additional tasks to the Scope of Work have been identified; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of August 3, 2015 between the parties as amended by Supplemental Agreement No. 1, dated April 18, 2016, also amended by Supplemental Agreement No. 2, dated April 7, 2017, amended again by Supplemental Agreement No. 3, dated March 28, 2018 and amended once more by Supplemental Agreement No. 4, dated June 25, 2018, incorporated by this reference as fully as if herein set forth, is further amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement, as amended by Supplemental Agreement No. 1, 2, 3 and 4, shall be further amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $71,019 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, and which was increased by $60,465, by Supplemental Agreement No. 1, which was also increased by $178,829 by Supplemental Agreement No. 2, increased again by $107,846 by Supplemental Agreement No. 3 and increased once more by $30,445 by Supplemental Agreement No. 4 is hereby amended to include an additional not to exceed amount of $59,810 for the additional scope of work identified 4.5.a Packet Pg. 282 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) \\edmsvr-deptfs\Engineering\Staff\Megan\Engineering Admin\PROJECTS\E5KA.Five Corners Reservoir Recoating\MSA.Supp 5.doc in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not-to-exceed amount of $508,414 ($71,019, plus $60,465, plus $178,829, plus $107,846, plus $30,445, plus $59,810). 1.3 Exhibit B to the underlying agreement, as amended by Supplemental Agreement No. 1, 2, 3 and 4, consisting of the rate and cost reimbursement schedule is hereby further amended to include the form set forth on the attached Exhibit B to this Supplemental Agreement No. 5, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreement Nos. 1, 2, 3, 4 and 5 but only as set forth therein. DONE this day of , 20 . CITY OF EDMONDS MURRAYSMITH By: By: Mayor David O. Earling Title: ATTEST/AUTHENTICATE: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 4.5.a Packet Pg. 283 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) \\edmsvr-deptfs\Engineering\Staff\Megan\Engineering Admin\PROJECTS\E5KA.Five Corners Reservoir Recoating\MSA.Supp 5.doc STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20____, before me, the under-signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of 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, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: 4.5.a Packet Pg. 284 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) EXHIBIT A SCOPE OF WORK City of Edmonds Five Corners Reservoirs Recoating Project Phase 3 - Construction Support Services Supplemental Services No. 5 Introduction Murraysmith is currently under contract for construction support services for the Five Corners Reservoir Recoating project. The following scope of work and accompanying engineering fee estimate has been developed for supplemental construction support services for unanticipated additional project management and coordination, shop drawings and submittal reviews, requests for information, on-call construction observation, structural engineering services, unanticipated tasks and development of routine monitoring and maintenance recommendations. The scope and fee have been developed based on discussions with City staff and understanding of the project. Scope of Work The supplemental construction support services are for the following scope of work tasks:  Task 301 – Project Management and Coordination  Task 302 – Shop Drawings and Submittals Review  Task 303 – Request for Information and Change Orders  Task 304 – On-call Construction Observation  Task 305 – Subconsultant Services  Task 309 – Unanticipated Task Reserve (As Needed)  Task 311 – Routine Monitoring & Maintenance Recommendations  Task 312 – 3.0 MG Roof Seal Weld Cost Evaluation Task 301 – Project Management and Coordination 301.1 Additional Coordination with City Murraysmith will continue coordination with the City’s Project Manager via phone conversations and e-mail to communicate project decisions, project status, work activities, and issues requiring City input. City of Edmonds MURRAYSMITH Five Corners Reservoir Construction Support October 2018 Supplemental Services No. 5 – Page 1 4.5.a Packet Pg. 285 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City of Edmonds October 2018 MURRAYSMITH Five Corners Reservoir Construction Support Supplemental Services No. 5 – Page 2 301.2 Additional Staff and Subconsultant Management Murraysmith’s Project Manager will continue to manage project staff and subconsultants to ensure all services are in conformance with the scope of services, fee estimate, and schedule. 301.3 Additional Invoices and Budget Oversight Murraysmith’s Project Manager will continue to monitor project costs and manage budget and tasks, including preparation and submission of monthly invoices and progress reports. Assumptions  The original scope of work assumed the total length of construction support services would be eleven (11) months. Based on the current status of progress by the Contractor, it is estimated that this phase will take approximately 14 months. Task Deliverables  Correspondence, e-mails and other documentation  Up to three (3) additional monthly billing statements and activity reports, for a total of fourteen (14). Task 302 – Shop Drawings and Submittals Review 302.2 Additional Shop Drawings and Submittals Review At the request of the City, Murraysmith will continue to review and comment on shop drawings and other technical submittals in support of the reviews by City staff. Murraysmith will consider and evaluate alternatives or substitutions proposed by the contractor. Receive and review other submittals of the contractor including construction schedules, shop drawings/submittal schedules, lump sum price breakdowns, and other submittals required by the contract documents and requested by the City. Murraysmith will also maintain a log of submittals received from the contractor, noting the date received, item submitted on, applicable specification section, resolution and current status. Assumptions  City will continue to take the lead in receiving, reviewing, and responding to contractor submittals and shop drawings.  City will continue to provide direction to Murraysmith with respect to involvement in review of shop drawings and submittals.  The original scope of work and Supplement No. 4 assumed a total of 47 Murraysmith submittal reviews. As of September 19th, Murraysmith has received 51 submittals, including resubmittals, for review. We anticipate approximately 7 additional submittals, 4.5.a Packet Pg. 286 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City of Edmonds October 2018 MURRAYSMITH Five Corners Reservoir Construction Support Supplemental Services No. 5 – Page 3 including resubmittals, based on the current submittal review status; for a total of 58 Murraysmith submittal reviews. Task Deliverables  Submittal review forms as requested by the City in response to contractor submittals. Task 303 – Requests for Information and Change Orders 303.1 Additional Requests for Information At the direction of the City, Murraysmith will continue to receive and respond to contractor Request for Information (RFI) or their request for clarification of the Contract Documents and/or design intent. Murraysmith will interpret the meaning of the Contract Documents and will continue to provide the City with clarifications or explanation of the design intent and/or contract requirements. Murraysmith will also maintain a log of RFIs received from the contractor, noting the date received, subject, resolution, and the date Murraysmith’s response was delivered to the City. Assumptions  City will continue to take the lead in receiving, reviewing, and responding to contractor RFI’s and change order requests.  City will continue to provide direction to Murraysmith with respect to involvement in RFI’s.  The preparation and participation in the conference call, on September 20th, regarding corrosion pit repair is also included under this task. Task Deliverables  Responses to RFIs and clarifications of the Contract Documents as requested by the City. Task 304 – On-Call Construction Observation Support At the request of the City, Murraysmith will continue to assist the City in providing field observation services during construction of the project. 304.1 Additional On-Site Observations, Coating Inspection and Testing At the direction of the City, Murraysmith will continue to conduct on-site observations of the coating preparation and application work in progress to assist in determining if the work is proceeding in accordance with the contract documents. Work under this task also includes periodic inspection and dry film thickness testing of coating systems and confirmation of completion of corrosion pit repair work. 4.5.a Packet Pg. 287 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City of Edmonds October 2018 MURRAYSMITH Five Corners Reservoir Construction Support Supplemental Services No. 5 – Page 4 304.2 Prepare Additional Daily Reports Continue to prepare daily reports recording the construction contractor’s hours on the job-site, weather conditions, data relative to potential changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail when required, such as observing test procedures. Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. Provide copies to the City for filing purposes. Assumptions  The City will continue to provide a full-time on-site inspector and continue to lead administration and management of the construction contract and communicating with the construction contractor.  The original scope of work assumed Murraysmith would conduct up to 26 days of on-site observations in support of the City’s inspector, for up to 5 hours per day including travel time. An additional 9 days of on-site observation is assumed for budgeting purposes, for a total of 35 days.  Per a conference call with the City on September 20th, Murraysmith will observe the corrosion pit repairs performed by the Contractor to determine if they were performed in accordance with the Engineer’s recommendations. Two (2) full days are anticipated to perform this work. Task Deliverables  Daily reports for each day of construction observation. Task 305 – Subconsultant Services This task provides for support services during construction provided by subconsultants for the project, as requested by the City or as warranted by the work, as described below. 305.1 Additional Structural Engineering Peterson Structural Engineers will continue to provide structural engineering services during construction as follows.  Review and respond to structural construction inquiries and RFIs.  Attend up to two (2) structural observation site visits for the reservoir improvements.  Prepare and submit structural observation reports.  Perform a site visit to observe the corrosion pits in the 1.5 MG reservoir and develop repair criteria for the Contractor’s use.  Perform a follow-up site visit to determine allowance for targeted reduction in pit repair criteria to include in observation memorandum. 4.5.a Packet Pg. 288 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City of Edmonds October 2018 MURRAYSMITH Five Corners Reservoir Construction Support Supplemental Services No. 5 – Page 5  Perform structural design for a new davit crane mount fall prevention system for interior access to the 1.5 MG and 3.0 MG reservoirs.  Review and evaluate potential roof seal welding of the 3.0 MG reservoir. 305.2 Additional Corrosion Engineering Northwest Corrosion, LLC will continue to provide corrosion engineering services during construction to assess the condition of the 3.0 MG reservoir roof as part of the roof seal weld cost evaluation, as detailed below.  Perform ultrasonic thickness testing of 3.0 MG reservoir exterior roof. Measurements to be taken at areas of interior beam/roof plate overlap to determine extent of potential corrosion damage at these prone sites. Representative measurements will be taken at multiple locations all around the roof and will include a minimum of one-hundred readings. This testing will be similar to that performed on the 1.5 MG reservoir.  Conduct an inspection of the upper interior roof surfaces. The purpose of this work is to determine locations of corrosion related issues, particularly at locations prone to crevice corrosion at above-water locations, such as overlapping roof plates, beam intersections, and fastening hardware. This work will either be completed from a raft while the reservoir is full or from a provided high-lift equipment with the reservoir empty.  Develop a report detailing the results of the inspection. Task 309 – Unanticipated Task Reserve (As Needed) An additional reserve budget amount has been included in the fee estimate for work under this task, which may include additional unanticipated work not specifically identified in the scope of work tasks defined above. Such work items will be undertaken only after written authorization from the City. Task 311 – Routine Monitoring & Maintenance Recommendations Per the City’s request on September 20th, Murraysmith will develop a brief memorandum describing recommended monitoring of the roof coatings and corrosion on the 1.5 MG reservoir, routine maintenance to extend the serviceability of the 1.5 MG reservoir roof structure until it is replaced, and general recommendations for reservoir routine monitoring and maintenance. Assumptions  The memorandum is assumed to be approximately two (2) pages in length. Most of the information in the memorandum will be presented in list and/or table format.  Pictures of the existing reservoir will not be included with the memorandum. 4.5.a Packet Pg. 289 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City of Edmonds October 2018 MURRAYSMITH Five Corners Reservoir Construction Support Supplemental Services No. 5 – Page 6 Task Deliverables  Memorandum will be submitted to the City via email in electronic PDF format. Task 312 – 3.0 MG Roof Seal Weld Cost Evaluation Per the City’s request on September 27th, Murraysmith will perform a cost evaluation for the potential seal weld of the 3.0 MG reservoir roof as detailed below.  Coordinate subconsultant’s field work and review Northwest Corrosion and Peterson Structural Engineers developed inspection findings and reports.  Review 3.0 MG reservoir interior photos from the float inspection performed in November 2015.  Develop cost estimate(s) for seal welding and other potential recommendations.  Develop technical memorandum detailing improvement recommendations and planning level cost estimates. Assumptions  Murraysmith will use information from subconsultants and previously collected during the project to perform the cost evaluation; a site visit will not be necessary. Task Deliverables  Memorandum will be submitted to the City via email in electronic PDF format. 4.5.a Packet Pg. 290 Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) LABOR HOURSESTIMATED FEESPrincipal Engineer VProfessional Engineer VIIIProfessional Engineer VIEngineering Designer IITechnician IVAdmin IIHoursLaborTotal$244$194$175$137$146$99PSE NWCTask 301 - Project Management and Coordination-$ -$ -$ Task 301.1 - Additional Coordination with City 88 1,400$ -$ 1,400$ Task 301.2 - Staff and Subconsultant Management 3 1013 2,482$ -$ 2,482$ Task 301.3 - Invoices and Budget Oversight 3 63 12 2,079$ -$ 2,079$ Task 301 Subtotal6024003335,961$ -$ -$ -$ 5,961$ Task 302 - Shop Drawings and Submittal Review -$ -$ -$ Task 302.1 - Additional Shop Drawings and Submittal Review 3 1013 2,332$ -$ 2,332$ Task 302 Subtotal0310000132,332$ -$ -$ -$ 2,332$ Task 303 - Request for Information and Change Orders -$ -$ -$ Task 303.1 - Additional Requests for Information 8 2230 5,402$ -$ 5,402$ Task 303 Subtotal0822000305,402$ -$ -$ -$ 5,402$ Task 304 - On-Call Construction Observation -$ -$ -$ Task 304.1 - Additional On-Site Observations, Coating Inspection & Testing6161 10,675$ 250$ 10,925$ Task 304.2 - Prepare Additional Daily Reports1111 1,925$ -$ 1,925$ Task 304 Subtotal00720007212,600$ -$ -$ 250$ 12,850$ Task 305 - Subconsultant Services -$ -$ -$ Task 305.1 - Additional Structural Engineering0 -$ 13,450$ -$ 13,450$ Task 305.2 - Additional Corrosion Engineering0 -$ 5,954$ -$ 5,954$ Task 305 Subtotal0000000-$ 13,450$ 5,954$ -$ 19,403$ Task 309 - Unanticipated Task Reserve (As Needed)-$ -$ -$ Task 309.1 - Additional Unanticipated Task Reserve (As Needed)0 6,000$ -$ 6,000$ Task 309 Subtotal00000006,000$ -$ -$ -$ 6,000$ Task 311 - Routine Monitoring & Maintenance Recommendations-$ -$ -$ Task 311.1 - Routine Monitoring & Maintenance Recommendations1 3 122 18 3,124$ -$ 3,124$ Task 311 Subtotal1312002183,124$ -$ -$ -$ 3,124$ Task 312 - 3.0 MG Roof Seal Weld Cost Evaluation-$ -$ -$ Task 312.1 - 3.0 MG Roof Seal Weld Cost Evaluation1 4 202 27 4,718$ 20$ 4,738$ Task 312 Subtotal1420002274,718$ -$ -$ 20$ 4,738$ TOTAL - ALL TASKS81816000719340,137$ 13,450$ 5,954$ 270$ 59,810$ EXHIBIT BSUPPLEMENTAL SERVICES NO. 5SubconsultantExpensesFIVE CORNERS RESERVOIR RECOATING PROJECTCITY OF EDMONDS FEE ESTIMATEPHASE 3 - CONSTRUCTION SUPPORT SERVICESCity of EdmondsOctober 2018Murraysmith, Inc.Five Corners Reservoirs Recoating ProjectPage 14.5.aPacket Pg. 291Attachment: Murraysmith Supplemental Agreement (MSA Supplement for Five Corners Reservoir) City Council Agenda Item Meeting Date: 11/27/2018 Drainage Easement at 1015 Bell Street Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On November 20, 2018, staff presented this item to full Council and it was forwarded to the November 27th consent agenda for approval. Staff Recommendation Approve easement. Narrative The drainage system at the end of Bell Street in front of 1015 Bell St is currently a ‘sump’ or infiltration system. The system is undersized and causes flooding during heavy or extended periods of rain. Additionally, the infiltration system is located upstream of a steep slope. After discussions with the homeowner at 1015 Bell Street, staff have proposed a new piped drainage system to connect the Bell Street drainage system to the system in the lower alley to the north. The new pipe would ensure a reliable route for drainage to flow, eliminating the flooding of private property at this location and eliminating the infiltration of surface water upland of a steep slope area. The requested easement would encumber the west most 10’ of the property at 1015 Bell St, in an area which currently serve as their driveway and parking area, and would allow for the installation and permanent maintenance of the new drain line. The homeowner has been amenable to the proposal. Attachments: Easement Vicinity Map 4.6 Packet Pg. 292 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 Grantor(s): Dorothy Thomas Grantee: City of Edmonds Abbreviated Legal: Lot 35 and 36, Block 41, City of Edmonds Assessor's Property Tax Parcel No.: 00434204103500 UTILITY EASEMENT Property Address: 1015 Bell St, Edmonds, WA 98020 IN CONSIDERATION of benefits to accrue to the grantor(s) herein, the undersigned, Dorothy Thomas, hereby grant(s) to the CITY OF EDMONDS, a Washington municipal corporation, a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of a storm drain pipe and necessary appurtenances over, across, through, and below the following described property, and the further right to remove trees, bushes, undergrowth and other obstructions thereon interfering with the location, construction, operation, maintenance, repair, reconstruction and/or replacement of said storm drain pipe and necessary appurtenances, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as the following property: Lot 35 and 36, Block 41, City of Edmonds, according to the plat thereof recorded in Volume 2 of plats, Page 39, Records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington The easement area shall be the west 10’ of said lot. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance, and repair of said utility or utilities, provided the grantor(s), their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED THIS DAY OF 20 Dorothy Thomas STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me Dorothy Thomas , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 20_____ NOTARY PUBLIC in and for the State of Washington, residing at 4.6.a Packet Pg. 293 Attachment: Easement (Drainage Easement at 1015 Bell Street) © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 188.080 1:4,514 Vicinity Map 376.2 4.6.b Packet Pg. 294 Attachment: Vicinity Map (Drainage Easement at 1015 Bell Street) City Council Agenda Item Meeting Date: 11/27/2018 Snohomish Health District Presentation Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History Pursuant to the interlocal agreement with the Snohomish Health District, the District is required to provide a quarterly update report to the City Council. Staff Recommendation No action required. For information only. Narrative Snohomish Health District Administrator Jeff Ketchel will provide a brief report and discuss updates, services, and funding. Attachments: Edmonds Per Capita_SHD Res 18-20_LegislatureSupport_FPHS Funding Culture of Quality_SHD 7-Day PIT 2018 Summary 5.1 Packet Pg. 295 City of Edmonds Page 1 Administration Division October 13, 2018 The Honorable Dave Earling City of Edmonds 121 5th Ave N Edmonds, WA 98020 RE: Collaborating Together for a Healthier Edmonds Dear Mayor Earling and Members of the Edmonds City Council: You work hard every day to ensure the people of Edmonds have healthy places to live, work, and play. This concerted focus and your investments help foster thriving communities that attract families and businesses. The City of Edmonds’s per capita contributions in 2018 have enabled the Snohomish Health District to continue serving as your community’s chief health strategist, and for that we are deeply grateful. In 2018, the Health District has continuously focused on internal and external improvement. Highlights of our efforts of moving toward a simpler, safer, and healthier Snohomish County include: 1. Bolstering community opioid response efforts as a founding member of the Multi-Agency Coordination (MAC) Group. 2. Substantially strengthening the infrastructure backbone of our agency. 3. Seeking sustainable public health funding through a coordinated request to the Governor for foundational public health services in the 2019-21 biennium. 4. Developing much-needed plans and procedures as we move toward becoming an accredited public health agency. 5. Looking toward the future of public health in Snohomish County, and planning accordingly. OPIOID PREVENTION & RESPONSE The Health District has been an active member of the MAC Group since its inception. We’ve identified and acted on over 30 objectives as the lead for emergency service function (ESF) #8: Health & Medical. Some of those accomplishments include:  Distributed over 500 medicine lock bags and over 1,000 needle clean-up kits.  Educated over 100 physicians on opioids and prescribing practices.  Conducted a second 7-day point-in-time survey for opioid overdoses (attached).  Assessed and identified strategies for neonatal withdrawal syndrome (babies born to mothers with an opioid use disorder).  Published the first opioid prevention resource guide of its kind in the state.  Leveraged state and federal resources to acquire funding needed to continue and expand MAC Group efforts in 2018-2019.  Hosted a training with the Economic Alliance of Snohomish County on substance abuse and the role employers play in the solution. 5.1.a Packet Pg. 296 Attachment: Edmonds Per Capita_SHD (Snohomish Health District Presentation) City of Edmonds Page 2 We also have some other activities coming up:  Hosting a training for dentists on opioid use disorder.  Developing a burden of disease model that will report the number of Snohomish County residents abusing or misusing opioids.  Hosting a conference in early-2019 for maternal-child health professionals addressing the many facets that the opioid epidemic brings.  Working with local providers and pharmacies to get more opioid awareness out to patients, as well as easier access to locking medicine bottles, bags, and boxes. HEALTH DISTRICT INFRASTRUCTURE One of the key practices of a chief health strategist is to utilize state-of-the-art business practices. We have made several improvements this year including:  Increased convenience for residents and business through new online services for applying for permits, submitting complaints, and requesting birth and death certificates.  Contracted with Snohomish County for IT services to provide increased capabilities and security.  Implemented NeoGov platform for streamlined recruiting and human resources functionality.  Launched NovusAgenda for board and committee packets, allowing for greater transparency with the public and stakeholders.  Contracted with Code Publishing to develop a searchable and user-friendly online version of our code for easy access for the public and employees.  Invested in an online Learning Management System that will be utilized for community trainings in the future. Launching by year-end are:  A new website and enhanced communication channels in November.  A new financial system that will allow for more robust and reliable reporting options. ACCREDITATION Last year, the Health District began its pursuit of national accreditation through the Public Health Accreditation Board (PHAB). A significant component is the launch of our Building a Culture of Quality Plan (fact sheet attached) that includes: 1. Performance management, quality improvement, and workforce development systems 2. Community Health Assessment (to be completed December 2018) 3. Community Health Improvement Plan (to be completed May 2019) 4. Strategic Plan (to be completed September 2019). FOUNDATIONAL PUBLIC HEALTH SERVICES (FPHS) The Washington State Legislature made an initial investment of $12 million for foundational public health services in the 2017-2019 biennium, representing a one-time, partial restoration of cuts to public health services that were made during the Great Recession. The Health District used a portion of those dollars to bolster its prevention, tracking and response efforts centered on sexually transmitted infections – in many cases, higher than the state average – including new partnerships with local military installations and tribal nations. This funding also allowed the Health District and its partners to quickly respond, contain, and stop a measles outbreak earlier this year before it spread to the community. 5.1.a Packet Pg. 297 Attachment: Edmonds Per Capita_SHD (Snohomish Health District Presentation) City of Edmonds Page 3 However, without securing ongoing, stable, and dedicated funding for foundational public health services, our communities are left unprepared for public health emergencies; vulnerable to the spread of communicable diseases; at risk for food, water, and environmental health threats; and without resources to adequately track data critical to identifying and responding to emerging threats. That is why a joint request from all 35 local health jurisdictions, the Washington State Department of Health, the State Board of Health, and tribal public health agencies has been made to Governor Inslee. A study was conducted—as requested by the legislature—to quantify the gap between existing and needed resources. To fully fund communicable disease prevention and response, environmental health services not covered by fees, assessment, and infrastructure capabilities like IT and communications, the system-wide gap was identified as $296 million per biennium. This FPHS funding request will be a major initiative this coming legislative session, and our governmental public health system remains confident that we will be successful in the request. In the meantime, I am humbly asking for your support in two ways: contributing $2 per capita for one more year to help bridge the gap until the legislature acts, and join us in advocating for sustainable public health funding at the state level so that your limited resources in 2020 can be refocused toward other local priorities. Attached is Resolution 18-20 passed by the Board of Health of the Snohomish Health District calling on the Washington State Legislature to fund public health. We understand each city has different resources and needs. While the funding is important, the relationship is more so. Any investment will pay dividends for the public’s health. The staff at the Snohomish Health District take great pride in being a lean and scrappy public health agency. We deliver a strong return on investment while keeping our population safe from disease and injury. If you have questions, please contact me at jketchel@snohd.org or on my mobile at (425) 512-6294. Sincerely, Jefferson Ketchel, MA, RS Administrator cc: Edmonds City Council Honorable Stephanie Wright, Snohomish County Council Dr. Mark Beatty, Health Officer Heather Thomas, Public & Government Affairs Manager Att: 2018 Opioid Overdose 7-day Point-in-Time Summary Resolution 18-20 Building a Culture of Quality Fact Sheet 5.1.a Packet Pg. 298 Attachment: Edmonds Per Capita_SHD (Snohomish Health District Presentation) 5.1.bPacket Pg. 299Attachment: Res 18-20_LegislatureSupport_FPHS Funding (Snohomish Health District Presentation) 5.1.bPacket Pg. 300Attachment: Res 18-20_LegislatureSupport_FPHS Funding (Snohomish Health District Presentation) Benefits ✓ Increasing accountability and quality improvement to governance and public ✓ Achieving higher standards of operations by accreditation through nationally recognized accreditation board ✓ Building collaboration within and outside the agency ✓ Accessing state-of-the-art public health practices ✓ Increasing state and federal funding opportunities ✓ Engaging a well trained staff at all levels of the agency ✓ Adapting to changing times and emerging issues BUILDING A CULTURE OF QUALITY AT THESnohomish Health District • Health Equity Plan Development • Review, Development and Implementation of Policies and Procedures • Performance Management Implementation • Quality Improvement Implementation • Workforce Development System Implementation Achievements to Date Completion of an accreditation gap analysis Development of a culture of quality work plan that includes: • Performance management process and system development • Quality improvement • Workforce development • 5-Year Strategic Plan Development and Implementation • Community Health Assessment (CHA) • Community Health Improvement Plan (CHIP) • Accreditation Document Gathering and Application to PHAB SHDMediaAccreditation_2018_07_LML 2018-2019 Action Plan We are in the midst of developing some key documents that will help guide the Health District for the next 5-7 years. These include: 5.1.c Packet Pg. 301 Attachment: Culture of Quality_SHD (Snohomish Health District Presentation) Administration • Increased number of staff trained in processing electronic Land Use applications from 3 to 6 by 12/31/18. • Ensured 100% of staff completed the required human resource trainings and documentation by 8/30/2018. • Increase number of policies that support healthier behaviors and environments in Snohomish County to 5 by 12/31/18. • 100% participation by all designated response staff in all 2018/2019 EOC trainings offered by DEM by 12/12/19. • COOP Plan revised and reviewed by management by 6/30/19. Environmental Health • Decreased number of pool barrier violations issued over the seasonal inspection period, 5/1/18 - 8/31/18 by 10%. • Decreased number of pool water clarity violations issued over the seasonal inspection period from 5/1/18 - 9/3/18 by 50%. • Increase percentage of routine food safety inspections to 80% by 12/31/18. • Reduce average response time for Food Plan Review application approval/disapprovals by 25% by 12/31/18. • Decrease total number of adequate handwashing facility violations by 10% by 5/31/19. • Decrease number of data entry errors in Envision Connect for all Land Use work by 90% by 12/31/18. Prevention Services • Achieve 25 Adverse Childhood Experiences screenings each quarter by 01/01/19. • Increase to 95% on-time reporting rate of notifiable conditions to DOH within 7 days of case completion by 12/31/18. • Increase Medical Home Assessments to 85% of children served by 01/01/19. • Increase proportion of MSM gonorrhea and chlamydia cases interviewed to 90% by 12/2018. • Increase proportion of HIV negative men with early syphilis or rectal gonorrhea referred for PrEP evaluation by 25% by 12/31/18. • Decrease number of retained files in the TB shared drive by 25% by 12/31/18. • Increase community education opportunities by 33% by 6/30/19. • Complete 9 of 34 assigned AFIX visits with eligible Region 1 provider sites by 6/30/19. • Increase fruit and vegetable check redemption rate to 80% in Everett and 83% in Lynnwood by 9/30/19. • Increase Women, Infants & Children (WIC) program participating caseload by 7% over baseline by 9/30/19. Key Objectives SHDMediaAccreditation_2018_10_04_LML Quality Improvement in Action With the successful launch of Envision Connect Online, the Snohomish Health District is making it more convenient for residents and businesses to electronically: • Submit food establishment, temporary food events, septic design plans for agency review and complaints• Renew and pay fees• Order birth certificates • View inspection histories, status of pending applications and complaints There are increasing numbers of customers using the online system and giving positive feedback. The Health District analyzed client flow at the Lynnwood WIC Clinic location and determined a choke point. A quality improvement project is designed to eliminate the choke point and client flow will be measured to determine the effectiveness of process improvements. A customer survey is being designed to determine where clinic actions could be improved. An assessment of the Everett location is being scheduled for the fourth quarter of 2018. 5.1.c Packet Pg. 302 Attachment: Culture of Quality_SHD (Snohomish Health District Presentation) Opioids in Snohomish County: OVERDOSES AND DEATHS During the 7-day period, a total of 57 overdoses were reported that appeared to be related to opioids. Unfortunately, 2 of those overdoses resulted in death. Overdoses were mostly men, with 34 males and 20 females and 3 cases where gender was not recorded. The youngest age was 17 and the oldest was 73, with 21 of the overdoses being 21- 30 year olds. Saturday had the highest number of overdoses, with Thursday and Friday having the fewest. Nearly one-third of the overdoses (17 total) happened between noon and 6 p.m. When looking at race and ethnicity, 77% of the patients were White. Eight were unknown, and the remaining five were either Alaska Native American Indian or Hispanic/Latino. Of the 57 individuals who overdosed, 13% did not have 911 called in response to their medical emergency. Partners from across Snohomish County took part in a coordinated data collection project focused on opioid overdoses. The information shown below represents reports from local fire, police, EMS, hospitals, the syringe exchange and the medical examiner’s office over seven days. USE OF NALOXONE/NARCAN Naloxone, also known as Narcan, is an overdose reversal drug. It is not addictive, nor can it harm a person if used improperly. During this 7-day survey, 72% of the reported overdoses received naloxone or Narcan. LOCATION AND CITY OF RESIDENCE Data was gathered on the location of overdose, both type and city, as well as where the patient identified as place of residence. All but two patients were Snohomish County residents. Due to the reporting form, we are not able to differentiate between city limits and unincorporated areas of the county. DISCLAIMER: The data included in this summary is based on voluntary reports received from partners, and should not be considered exhaustive or lab-confirmed. 12 overdoses in one day reported on July 14, 2018. 40 lives saved because naloxone was given during an overdose. A Point-in-Time Survey of Overdoses 33 patients received naloxone or Narcan from police or EMS. 7 people were given naloxone by a friend, family member or bystander. 4 1 2 21 4 1 5 8 1 5 1 1 3 Overdose by Location 3 1 1 1 5 19 1 3 4 4 1 4 1 Place of Residence (City) 23 54 15 1 6 Overdose by Location Type Private residence Car Encampment Public Space Hotel/Motel Other Point-in-TimeJuly 9-152018 2nd Annual 33% of overdose patients were homeless 9 10 10 3 4 12 9 0 2 4 6 8 10 12 14 7/9/18 7/10/18 7/11/18 7/12/18 7/13/18 7/14/18 7/15/18 Overdose Count by Date 5.1.d Packet Pg. 303 Attachment: 7-Day PIT 2018 Summary (Snohomish Health District Presentation) TYPES OF OPIOIDS USED While no toxicology sample results were available, reports revealed that overdoses were largely due to heroin. In a handful of cases, the overdoses appeared to include a combination of heroin and other drugs like meth, cocaine, Xanax, prescription opioids and alcohol. SNOHOMISH COUNTY JAIL ACTIVITY In addition to overdose data received from local partners, information was collected by the Corrections Bureau within the Snohomish County Sheriff’s Office. Just under 32% of new bookings during the 7-day period were inmates under opioid withdrawal watches. Opioids in Snohomish County: Partners from across Snohomish County took part in a coordinated data collection project focused on opioid overdoses. The information shown below represents reports from local fire, police, EMS, hospitals, the syringe exchange and the medical examiner’s office over seven days. A Point-in-Time Survey of Overdoses Point-in-TimeJuly 9-152018 2nd Annual 1 6 30 14 6 Source of Drug(s) Used Prescribed Friend/Relative Obtained on Street Other Unknown/Missing 373 119 111 19 16 10 0 100 200 300 400 Total Bookings Opioids/Heroin Methamphetamine** Benzodiazepine Alcohol Other Substance** Withdrawal Watches for Bookings at Snohomish County Jail 39 62 88 0 10 20 30 40 50 60 70 80 90 100 7-Day Low 7-Day Average 7-Day High Inmates in Medical Detox/Housing and Overflow Beds Designed Capacity Note: Methamphetamine and “Other Substances” are reported in addition to other drugs where withdrawal watch protocols are initiated. Withdrawal watch protocols are not used with these substances alone. Thanks to coordination with the emergency department at Providence Regional Medical Center Everett, Snohomish County Regional Drug and Gang Task Force, and AIDS Outreach/Snohomish County Syringe Exchange, the Snohomish Health District was alerted to a spike in overdoses involving counterfeit “Perc-30” pills being sold on the street for approximately $30 per pill. At least one overdose during the 7-day period was the result of one of these fentanyl-laced pills bought on the street. individuals were sent to the emergency room for medical clearance prior to booking.8 bookings refused because of heroin or medication withdrawals.11 5.1.d Packet Pg. 304 Attachment: 7-Day PIT 2018 Summary (Snohomish Health District Presentation) City Council Agenda Item Meeting Date: 11/27/2018 2019 Property Tax Ordinances Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History During the presentation and Property Tax Public Hearing on November 20, 2018, Council requested: 1) That Property TaxOrdinance be split into separate Ordinances, (1) for the Regular Property Levy and (2) for the EMS Levy. 2) Council requested several optional Ordinances be submitted for their consideration on November 27th Council meeting, approving one for the Regular Property Tax Levy and a second Ordinance for the EMS Levy. Mayor Earling presented the Proposed 2019 Budget to City Council during their October 9th City Council meeting. On October 16th, the Public Works Department presented their 2019 budget requests to Council. On October 23rd, the Economic Development & Community Services, Development Services, Parks, Human Resources, City Attorney and Municipal Court presented their requests to Council. Department presentations continued on November 5, with Police, City Clerk, Mayor's Office, Council, Finance, Information Services and Non-departmental. On November 13th, Finance presented the 2019 Proposed revenue budget to Council. On November 20, 2018, Council will hold a Public Hearing on the 2019 Regular Property Tax and the Emergency Medical Services property tax levy. The items for this meeting include the following: 1) Staff presentation on property taxes. 2) Council to open a Public Hearing. 3) Accept public comment. 4) Council to close the Public Hearing. 5) Council was asked to approve the 2019 Property Tax Ordinance, however, they requested that optional property tax ordinances be submitted at their next scheduled council meeting. Staff Recomendation: There is one recommendation for Council. The recommendation is for Council to make a motion: Motion to approve Ordinance XXXX providing for the annual tax levy by increasing the regular property tax levy and the Emergency Medical Service property tax levy by the current 101% levy limit, thereby levying an estimated regular property tax levy of $10,559,264 and an Emergency Medical Service levy of $4,048,199. Narrative: 7.1 Packet Pg. 305 The action item before Council is approving two ordinance authorizing the levy for collection of City Property Taxes. The optional property tax ordinances will be emailed to council by the close of business on Monday November 26, 2018. 7.1 Packet Pg. 306 City Council Agenda Item Meeting Date: 11/27/2018 Final Public Hearing on the 2019 Proposed Budget Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Final Public Hearing on the 2019 Proposed Budget, Council review #6 and potential adoption of the 2019 Budget. Staff Recommendation 1) Council Open Public Hearing. 2) Accept Public Comment. 3) Close Public Hearing. 4) Council can deliberate further on budget, make amendments, and ask staff questions. 5) Council Motion: Motion to approve the 2019 Budget Ordinance No. XXXX as Amended and Adopting Amendments to the Capital Facilities Plan Element of the Comprehensive Plan. Narrative Tonight's Council meeting is the second and final scheduled Public Hearing on the 2019 Proposed Budget. The 2019 Proposed Budget can be found at the City of Edmonds website at: http://www.edmondswa.gov/images/COE/Government/Departments/Administrative_Services/Finance/ Budget/2019/2019_Preliminary_Budget.pdf The remaining council action on the 2019 Proposed Budget is scheduled as follows: December 4th: 2019 Budget Review and Adoption of the 2019 Budget (if necessary). Attachments: 2019 Budget Ordinance 8.1 Packet Pg. 307 2018 Budget Ordinance Page 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE BUDGET FOR FISCAL YEAR COMMENCING JANUARY 1, 2019 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on or before the first business day in the third month prior to the beginning of the fiscal year of 2019, the Finance Director submitted to the Mayor the estimates of revenues and expenditures for the next fiscal year as required by law; and, WHEREAS, the Mayor reviewed the estimates and made such revisions and/or additions as deemed advisable and prior to sixty days before January 1, 2019, filed the said revised preliminary budget with the City Clerk together with a budget message, as recommendation for the final budget, and WHEREAS, the City Clerk provided sufficient copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefore and published and posted notice of filing and the availability of said preliminary budget together with the date of a public hearing for the purpose of fixing a final budget, all as required by the law, and WHEREAS, the City Council scheduled hearings on the preliminary budget for the purpose of providing information regarding estimates and programs, and WHEREAS, the City Council did meet on November 5, 2018 which was on or before the first Monday of the month next preceding the beginning of the ensuing fiscal year, for the purpose of fixing a final budget at which hearing all taxpayers were heard who appeared for or against any part of said budget, and 8.1.a Packet Pg. 308 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) 2018 Budget Ordinance Page 2 WHEREAS, following the conclusion of said hearing the City Council made such adoptions and changes as it deemed necessary and proper, WHEREAS, the Finance Director submitted the Use of Tax Funds Report to Mayor and Council as required by RCW 82.46.015, NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Attached hereto and identified as Exhibit A, in summary form, are the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined, and by this reference said Exhibit A is incorporated herein as if set forth in full and the same is hereby adopted in full. The Finance Director is authorized to update year-end fund balances in the final budget document as projected prior to printing the final budget document. Section 2. A complete copy of the final budget for 2019, as adopted, together with a copy of this adopting ordinance shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 3. Attached hereto and identified as Exhibit B, Use of Tax Funds Report, and by this reference said Exhibit B is incorporated herein as if set forth in full and the same is hereby adopted in full. The Finance Director is authorized to update actual expenditures in the final report as projected prior to printing the final report document. 8.1.a Packet Pg. 309 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) 2018 Budget Ordinance Page 3 Section 4. This ordinance is a legislative act delegated by statute to the City Council of the City of Edmonds, is not subject to referendum and shall take effect January 1, 2019. APPROVED: MAYOR, DAVID O. EARLING ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ CITY ATTORNEY, JEFFREY TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 8.1.a Packet Pg. 310 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) 2018 Budget Ordinance Page 4 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2018, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE BUDGET FOR FISCAL YEAR 2019; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2018. CITY CLERK, SCOTT PASSEY 8.1.a Packet Pg. 311 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) 2018 Budget Ordinance Page 5 Fund No.Fund Description Revenue Expenditure Difference (Rev - Exp) * 001 General Fund 40,829,439$ 44,129,945$ (3,300,506)$ 009 LEOFF Medical Insurance Reserve Subfund 437,980 444,270 (6,290) 011 Risk Management Reserve Subfund 28,210 - 28,210 012 Contingency Reserve Subfund 182,400 - 182,400 014 Historic Preservation Gift Fund 5,230 5,400 (170) 017 Marsh Restoration & Preservation Fund - - - 018 Edmonds Homelessness Response Fund - 250,000 (250,000) 019 Edmonds Opioid Response Fund - - - 104 Drug Enforcement Fund 165,430 45,800 119,630 111 Street Fund 1,859,270 2,234,528 (375,258) 112 Street Construction Fund 6,646,917 5,899,379 747,538 117 Municipal Arts Acquisition Fund 150,910 181,880 (30,970) 118 Memorial Tree Fund 580 - 580 120 Hotel/Motel Tax Fund 94,730 100,400 (5,670) 121 Employee Parking Permit Fund 26,170 26,880 (710) 122 Youth Scholarship Fund 1,680 3,000 (1,320) 123 Tourism Promotional Arts Fund 31,250 32,000 (750) 125 REET 2 1,597,600 2,328,560 (730,960) 126 REET 1 1,604,020 2,788,982 (1,184,962) 127 Gifts Catalog Fund 82,100 77,795 4,305 130 Cemetery Maintenance/Imp. Fund 182,560 184,707 (2,147) 136 Parks Trust Fund 4,870 5,000 (130) 137 Cemetery Maintenance Fund 44,500 - 44,500 138 Sister City Commission Fund 10,240 10,500 (260) 211 LID Control Fund 12,400 12,400 - 231 2012 LTGO Debt Service Fund 716,420 716,410 10 332 Parks Capital Construction Fund 2,796,849 3,763,628 (966,779) 421 Water Utility Fund 10,473,626 12,299,053 (1,825,427) 422 Storm Utility Fund 5,461,148 9,690,422 (4,229,274) 423 Sewer/WWTP Utility Fund 14,386,296 17,259,438 (2,873,142) 424 Utility Debt Service Fund 1,995,280 1,991,210 4,070 511 Equipment Rental Fund 1,763,760 2,408,431 (644,671) 512 Technology Rental Fund 1,101,798 1,048,911 52,887 617 Firemen's Pension Fund 72,040 78,627 (6,587) Totals 92,765,703$ 108,017,556$ (15,251,853)$ * Amount represents a contribution of (use of) fund balance EXHIBIT "A" 2019 BUDGET SUMMARY BY FUND 8.1.a Packet Pg. 312 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) EXHIBIT B Use of Tax Funds Report 2018 Budget Ordinance Page 6 Part 1: Actual Use of REET Funds collected during the prior two-year period and Actual Use of REET Funds as a Percentage of Project REET FUNDS USED FOR THE FOLLOWING STREET EXPENDITURES 2017 % of Project using REET 2018 Estimate % of Project using REET REET 2 - Fund 125 Minor Sidewalk Program 2,611 10% 2017 Overlay Program 305,000 42% Curb Ramp Upgrades 25,000 79% 2017 Minor Sidewalk Repairs 52,600 100% Audible Pedestrian Signals 21,157 100% Annual Street Preservation Program (Overlays, Chips Seals, etc.)550,000 28% ADA Curb Ramp Improvements 28,000 100% Audible Pedestrian Signals 6,269 100% Minor Sidewalk Program 29,325 100% REET 1 - Fund 126 236th St SW Walkway 117,650 25% 2016 Overlay Program 24,208 100% Protected/Permissive Signal Conversion 6,092 100% 2017 Overlay Program 429,315 59% 2017 Traffic Calming 20,586 85% 89th Pl W Retaining Wall 10,365 81% Highway 99 Gateway/Revitalization 6,992 5% ADA Transition Plan 66,106 100% Annual Street Preservation Program (Overlays, Chip Seals, etc.)$1,097,000 56% 84th St SW Overlay from 220th to 212th $19,000 100% Protective/Permissive Traffic Signal Conversion $14,762 100% 220th Signal Coordination from Hwy. 99 to 76th Ave. W $47,000 100% 89th Pl. Retaining Wall $126,438 100% 238th Walkway from SR-104 to Hwy. 99 $19,125 100% Dayton St. Walkway from 3rd Ave. S to 9th Ave. S $47,500 100% Traffic Calming Program $20,000 57% Trackside Warning @ Main St and Dayton St. Crossings $377,418 91% 8.1.a Packet Pg. 313 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) EXHIBIT B Use of Tax Funds Report 2018 Budget Ordinance Page 7 Part 1: Actual Use of REET Funds collected during the prior two-year period and Actual Use of REET Funds as a Percentage of Project REET FUNDS USED FOR THE FOLLOWING PARKS EXPENDITURES 2017 % of Project using REET 2018 Estimate % of Project using REET REET 2 - Fund 125 Dayton Street Plaza 834 3% Edmonds Fishing Pier Rehabilitiation 100,000 55%Civic Center Property 70,273 97% Edmonds Marsh Enhancement Project 3,536 100% Frances Anderson Center Bandshell 195,020 100% Veteran's Plaza Project 120,750 20% Yost Pool Improvements 91,253 100%Waterfront Redevelopment/Ebb tide walkway 281,087 100% Meadowdale Playfield Renovations 500,000 100% Citywide Park Improvements / Miscellaneous Small Projects 40,726 2% Edmonds Marsh Project 25,000 100% Waterfront Restoration 29,574 68% Parks Maintenance 42,908 5%Civic Park Development 8,739 100% Container Storage Units 5,074 25% Anderson Center Field / Court / Stage 150,000 100%Civic Center Park 430,000 100%Fishing Pier & Restrooms 75,000 100%Seaview Park Improvements 50,000 100%City Gateway replacements 5,000 100% Flower Pole Replacement 20,000 100% Citywide Beautification 21,000 100%Hickman Park 25,000 100%Edmonds Marsh Feasibility & Restoration 25,000 100%Edmonds Marsh Walkway 30,000 100%Veteran's Plaza 41,000 100% Civic stadium removal 45,886 100% Citywide Park Improvements/Misc Small Projects 50,000 100%Yost Park / Pool Improvements 63,747 100%City Park Storage Building 115,000 100%Waterfront Redevelopment / Waterfront Walkway Completion 200,000 100% REET 1 - Fund 126 Land Acquistion 43,201 100% Debt Service 169,223 100% 161,980 100% 8.1.a Packet Pg. 314 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) EXHIBIT B Use of Tax Funds Report 2018 Budget Ordinance Page 8 Part 1: Actual Use of REET Funds collected during the prior two-year period and Actual Use of REET Funds as a Percentage of Project REET FUNDS USED FOR THE FOLLOWING FACILITIES EXPENDITURES 2017 % of Project using REET 2018 Estimate % of Project using REET REET 2 - Fund 125 Building Maintenance 150,000 100% REET 1 - Fund 126 Downtown Restroom Project 238,637 54% Frances Anderson Center Electrical Retrofit 29,534 100% Museum Structural Analysis 6,307 100% City Hall-Carpeting 24,299 100% City Wide Roof Maintenance 30,029 100% Facility Assessment Program 30,600 100% Museum Skylight Replacement 33,797 100%Public Safety HVAC Commissioning 6,251 100%City Hall HVAC Commissioning 5,581 100% FS20 Roll Up Door Repair 2,046 85% FS20 Door Operator 1,241 100% City Hall window waterproofing West 2,719 100% City Hall failed window seals 6,133 100%Public Safety Failed Window Seals 1,915 100%Library/plaza failed window 12,996 100% Frances Anderson Center Painting 3,220 100% Container Storge Units OPW 5,074 25%Public Works Window Seals 10,710 100% Elyessator 5,277 100% Frances Anderson Center Hardwood 11,043 100% Public Works Re-Carpeting 6,640 100% Public Safety VFD Replace 7,633 100% 8.1.a Packet Pg. 315 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) EXHIBIT B Use of Tax Funds Report 2018 Budget Ordinance Page 9 Part 2: Use of REET Funds for the succeeding two-year period and Percentage of REET Funds for capital projects Compared to all other sources of capital project funding as Identified in City’s Capital Facilities Plan. TRANSPORTATION PROJECTS AND FUNDING SOURCES 2019 2020 Total % of Funding Hwy 99 Gateway / Revitalization (437,376) (1,540,000) (1,977,376) Federal or State Grants (Secured)$437,376 437,376 22% Federal or State Grants (Unsecured)1,250,000 1,250,000 63% Fund 126 Reimbursement - for Hwy 99 Gateway / Revitalization - 290,000 290,000 15% Hwy 99 Gateway / Revitalization -$ -$ -$ 100% 238th St SW from SR-104 to Hwy 99 (5,750) - (5,750) Federal or State Grants (Secured)4,000 - 4,000 70% Fund 126 Reimbursement 1,750 - 1,750 30% 238th St SW from SR-104 to Hwy 99 -$ -$ -$ 100% Dayton St from 3rd Ave to 9th Ave (252,500) - (252,500) Federal or State Grants (Unsecured)250,000 250,000 99% Fund 126 Reimbursement 2,500 - 2,500 1% Dayton St from 3rd Ave to 9th Ave -$ -$ -$ 100% PARKS PROJECTS AND FUNDING SOURCES 2019 2020 Total % of Funding Civic Center Development - (12,000,170) (12,000,170) G.O. Bonds 3,334,185 3,334,185 28%General Fund 2,000,000 2,000,000 17%Grants 4,350,000 4,350,000 36%Fund 125 Reimbursement 1,815,985 1,815,985 15%Park Impact Fees 500,000 500,000 4% Civic Center Acquisition/Development/Stadium demo -$ -$ -$ 100% Waterfront Redevelopment / Waterfront Walkway Completion (4,298,266)(1,591,033) (5,889,299) Fund 125 Reimbursement - Waterfront development 1,139,398 841,033 1,980,431 34% Grants 1,125,000 750,000 1,875,000 32%Park Impact Fees/Waterfront development 1,100,000 1,100,000 19%Private Partnership 933,868 933,868 16%Waterfront Redevelopment / Waterfront Walkway Completion $ - $ - $ - 100% 8.1.a Packet Pg. 316 Attachment: 2019 Budget Ordinance (Final Public Hearing on the 2019 Proposed Budget) City Council Agenda Item Meeting Date: 11/27/2018 Ordinance related to Business License Minimum Threshold and Definition of Engaging in Business Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History In the 2017 session, the State Legislature passed Engrossed House Bill 2005 (RCW 35.90), which required three actions by cities with business licenses and local B&O taxes. The law: · Requires cities with business licenses to establish a workgroup to create a model business license with a licensing threshold by July 2018 for adoption by all business license cities by January 1, 2019; · Requires all cities with business license to administer their business license through the state’s Business Licensing System (BLS) by 2022 or FileLocal by 2020; and · Establishes a task force on local B&O tax service apportionment under RCW 35.102.130 to report to the Legislature by October 2018. Final model ordinance for local business licenses - minimum threshold Cities were required to develop a model ordinance for business licensing by July 1, 2018. The ordinance includes a mandatory definition of “engaging in business” and a minimum threshold (or occasional sale) exemption to establish when out-of-town or transient businesses are required to be licensed. All business license cities must adopt it by the end of the year (RCW 35.90.080). What is in the model? The model threshold has two pieces: a model threshold and a definition of “engaging in business.” The model business license threshold language would: · Apply a minimum threshold of $2,000 per year in the city for businesses that do not have a location in the city; · Require a license for businesses with a location in the city without regard to the threshold; · Allow cities the option to require registration with no fee for businesses under the threshold; and 9.1 Packet Pg. 317 · Only apply to general business licenses, not regulatory licenses or local taxes. The definition of “engaging in business” includes examples of what constitutes business activities in cities that would subject a business to license requirements, as well as those activities that would not. The model language is adapted from the definition that the 45 cities with local B&O taxes have already adopted for the definition of “engaging in business” in the B&O tax model ordinance. What are the deadlines for all cities with business licenses to adopt the model? Cities with a business license must adopt the model by January 1, 2019. However, cities that currently partner with the state’s Business Licensing Service (BLS) for business licensing administration have a deadline of October 17, 2018, because they must provide BLS 75-day notice of any changes to their business licenses (including this mandatory change). Staff Recommendation Adopt proposed ordinance amending the definition of "engaging in business" and establishing a minimum threshold exemption. Narrative The City of Edmonds has the choice of adopting one of two threshold options: 1. Threshold Exemption: To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (1) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 (or higher threshold as determined by city) and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. 2. Threshold with Fee-free License/Registration-only Option: For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 (or higher threshold as determined by city) and who does not maintain a place of business within the city, shall submit a business license registration to the Director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. [City would list this fee-free license in its business license rates section as $0 or no fee.] Thus far, very few cities in Washington have established a threshold exemption. The Association of Washington Cities (AWC) conducted an informal survey of business license cities that have established 9.1 Packet Pg. 318 thresholds; the results are as follows: Bothell, $12,000 Burien, $12,000 Cathlamet, $10,000 Cheney, $12,000 Entiat, $2,500 Ephrata, $5,000 Kennewick, $12,000 Kirkland, $12,000 Langley, $2,000 Tukwila, $12,000 University Place, $12,000 Walla Walla, $5,000 Wenatchee, $1,000 Staff recommends adopting a license threshold exemption amount of $12,000 because it is in keeping with the thresholds established by cities of similar size. Staff does not recommend a fee-free license/registration-only option because it is not interested in spending resources to track and manage the small business enterprises with gross incomes at or below the minimum threshold amount. Adopting a business license threshold exemption is a precursor to partnering with the State Business Licensing System (BLS), as required by EHB 2005 (RCW 35.90). The City is tentatively scheduled to transition from its own business license program to the State BLS in the second quarter of 2019. Attachments: FC091118 Ordinance - Business Licensing 9.1 Packet Pg. 319 Minutes FINANCE COMMITTEE MEETING September 11, 2018 _________________________________________________________________________________ Elected Officials Present Staff Present Councilmember Diane Buckshnis Scott James, Finance Director Council President Mike Nelson Dave Turley, Assistant Finance Director Councilmember Tom Mesaros Scott Passey, City Clerk Mayor Dave Earling Jeannie Dines, Recorder The meeting was called to order at 7:13 p.m. in the Jury Meeting Room. The order of Items 8.3 and 8.2 was reversed. 1. Business License Minimum Threshold and Definition of Engaging in Business City Clerk Scott Passey explained in 2017 the State legislature passed legislation requiring cities who have a business license to partner with the State or FileLocal to administer business licenses which he noted will streamline the process. Partnering with the State requires the City adopt amendments to the business license code with regard to, 1) business license minimum threshold, and 2) definition of engaging in business. All cities with a B&O tax operate under the definition of engaging in business (definition provided in Council packet); there is no option to change that language. The minimum threshold is the amount of income a business generates to require a City business license. Few cities in the State have established thresholds, of the cities that have, their threshold is $12,000/year which staff found reasonable. Options within the threshold include 1) exempting businesses below the threshold from obtaining a business license, or 2) a fee free/registration business license. Most other cities are leaning toward exempting businesses generating $12,000 or less from a business license. When the State takes over business licensing, compliance will increase; the State will generate a mailing list and send letters encouraging businesses to apply for a business license. Discussion followed regarding why a $12,000 threshold was selected by other cities, staff time to handle business licenses, the State’s fee to administer business licenses, the City’s current business license fee, current business licenses, and businesses that potentially need to be licensed. Committee agreed with the threshold exemption of $12,000. Action: Schedule adoption of ordinance for full Council by year end 3. July 2018 Monthly Financial Report Mr. Turley responded to questions regarding the Contingency Reserve Fund, grant billing, decrease in telephone utility tax, court revenues, and the CBDG repayment for the Senior Center. Action: Schedule on Consent Agenda 2. Review of UB Penalty Adjustment Policy Mr. Turley explained this was in response to a concern expressed at a Council meeting with the City’s inability to accept vouchers. He explained a $25 late fee is charged on water bills; if the bill is not paid, the water is turned off and a $20 fee charged and when the bill is paid, a $20 fee is charged to turn the water back on. With regard to payment via a voucher, acceptance of vouchers requires additional effort and the City does not have a policy regarding forms of payment other than the statement states check, 9.1.a Packet Pg. 320 Attachment: FC091118 (Business License Minimum Threshold and Definition of Engaging in Business) - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 4.72 OF THE EDMONDS CITY CODE RELATED TO BUSINESS LICENSING, PROVIDING FOR SEVERABILITY, ESTABLISHING AN EFFECTIVE DATE AND PROVIDING FOR CORRECTIONS. WHEREAS, in the 2017 Legislative Session, the State Legislature passed Engrossed House Bill 2005, which amended RCW 35.90 requiring cities with a business license requirement to administer their business license through the State’s Business License System (BLS) by 2022 or FileLocal by 2020; and WHEREAS, cities were required to develop a model ordinance for business licensing, which includes a mandatory definition of “engaging in business” and a minimum threshold exemption to establish when out-of-town or transient businesses are required to be licensed; and WHEREAS, the City of Edmonds is currently scheduled to partner with the State BLS in the 2019 calendar year; and WHEREAS, as a condition of partnering with the State BLS, the City of Edmonds must incorporate a new definition of “engaging in business” and a minimum threshold exemption into its existing business license code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Chapter 4.72 of the Edmonds City Code, entitled “Business License,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 4.72.010 Definitions In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A. Person. The term “person” shall include one or more persons of either sex, corporations, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or persons licensed pursuant to this chapter. 9.1.b Packet Pg. 321 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 2 - B. Business. The term “business” includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part- time or full-time[A1]. , except those businesses or occupations which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code: 3.20 (Business License and Occupation Tax); 4.11 (Motor Vehicle Wreckers); 4.12 (Peddlers, Solicitors and Street Vendors); 4.20 (Liquor Licenses); 4.48 (Cabaret Dances); 4.50 (Licensing of Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.68 (Community Antenna Television Systems); 4.75 (Pawnbrokers); and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization. C. Engaging in business. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (1) This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (B). If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. (2) Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. 9.1.b Packet Pg. 322 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 3 - (b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. (c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (f) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (I) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (j) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. (l) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. 9.1.b Packet Pg. 323 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 4 - (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (3) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. (d) Renting tangible or intangible property as a customer when the property is not used in the City. (e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (f) Conducting advertising through the mail. (g) Soliciting sales by phone from a location outside the City. (4) A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection (3). The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. C. Rental[A2] Unit. The term “rental unit” shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments. D. Private Residence. The term “private residence” shall mean a separate, free- 9.1.b Packet Pg. 324 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 5 - standing structure leased for residential purposes and human occupancy by one “family” as defined by ECDC 21.30.010. E. Day. The term “day” when used in this chapter shall refer to days on which the city of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by executive order shall not constitute a “day.” [Ord. 3900 § 2, 2012; Ord. 3834 § 3, 2011; Ord. 3439 § 1, 2003; Ord. 2562, 1986; Ord. 2536 § 2, 1985; Ord. 2315 § 1, 1982]. 4.72.020 Business license required. It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. [Ord. 3282 § 1, 1999; Ord. 1139 § 1, 1965]. 4.72.021 Threshold Exemption. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: A. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $12,000 and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. B. Those businesses or occupations which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code: 3.20 (Business License and Occupation Tax); 4.13 (Motor Vehicle Wreckers); 4.14 (Peddlers, Solicitors and Street Vendors); 4.20 (Liquor Licenses); 4.48 (Cabaret Dances); 4.50 (Licensing of Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.68 (Community Antenna Television Systems); 4.75 (Pawnbrokers); 9.1.b Packet Pg. 325 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 6 - 4.72.023 Registration of transient accommodations. Repealed by Ord. 3900. [Ord. 2566 § 1, 1986]. 4.72.030 Procedure. A. Application for the business license shall be made in writing to the city clerk upon a form provided by the city clerk, and the applicant shall at the same time deposit with the city clerk in advance the license fee herein required. The application shall state the nature and address or addresses of the business or businesses, or proposed business or businesses, of the applicant, and such other information as requested by the city clerk. B. If the applicant be a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual. C. The city clerk shall present all applications for licenses to the mayor. The mayor shall cause an investigation of the application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of application. If an application is refused the reason for refusal shall be designated on the application. The fee shall not be refunded. [Ord. 1139 § 1, 1965]. 4.72.040 Fee – Terms – Penalty. A. Commencing January 1, 1977, business licenses required to be obtained pursuant to this chapter shall be issued on a calendar year basis and shall expire on December 31st of the year for which they are issued. B. Fees for an annual business license issued hereunder shall be as follows: 1. The fee for an application for a new business license for any business that is not a home occupation, as provided in ECDC 20.20.010, to be operated from any real estate within the city of Edmonds shall be $125.00; 2. The fee for an application for a new business license for a new home occupation business, as provided in ECDC 20.20.010, to be operated from any residential real estate within the city of Edmonds shall be $100.00; 3. The fee for an application for a new business license for any other business conducted for, under contract with or by providing services to any person within the city shall be $50.00; and 4. The fee for an application for an annual renewal of a business license shall be $50.00 for any business operated within the city of Edmonds. C. All businesses required to renew licenses hereunder shall obtain the same and pay all fees required on or before January 31st of each respective year. Any business which fails to renew and pay the license fees within said period of time shall, in addition to any other 9.1.b Packet Pg. 326 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 7 - penalties provided in this chapter, be assessed a penalty for such late application and/or payment. The penalty for late renewal and/or payment made between February 1st and February 28th of each respective year shall be equal to 100 percent of the license fee for said business. The penalty for late renewal and/or payment made after February 28th of each respective year shall be equal to 200 percent of the license fee for said business. D. Repealed by Ord. 3036. [Ord. 3976 § 1, 2014; Ord. 3710 § 1, 2008; Ord. 3282 § 2, 1999; Ord. 3084 § 1, 1996; Ord. 3036 §§ 1, 2, 1995; Ord. 2191 §§ 1, 2, 1981; Ord. 1828 § 1, 1976; Ord. 1139 § 1, 1965]. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. [Ord. 1139 § 1, 1965]. 4.72.055 Denial of license – Hearing. In the event that a license is denied under this chapter based on the provisions of ECC 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within 10 days of the date of written denial by the city of a license application. A hearing shall be scheduled within 30 days before the hearing examiner. The hearing shall proceed in the following format: A. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the city of Edmonds. B. The city shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the city of Edmonds, or the general statutes of the state of Washington. C. The applicant/appellant may then present any rebuttal testimony which it wishes to present. The hearing examiner shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County superior court in accordance with the applicable laws of the state of Washington. [Ord. 3834 § 1, 2011]. 4.72.060 Revocation or suspension. The mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business 9.1.b Packet Pg. 327 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 8 - activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the city to revoke or suspend said license. The applicant may then appeal by filing written notice with the city clerk within 10 days of the notice of revocation or suspension. The city clerk shall schedule a hearing within 20 days before the hearing examiner. The licensee may appear at that time and be heard in opposition to such revocation or suspension. [Ord. 3834 § 2, 2011; Ord. 1139 § 1, 1965]. 4.72.065 Transfer or sale of business – New license required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Edmonds shall apply for a new business license pursuant to the procedures established by this chapter. [Ord. 2315 § 2, 1982]. 4.72.070 Penalty for violation. Any person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. [Ord. 1139 § 1, 1965]. Section 2. Severability. If any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary non-substantive corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. APPROVED: 9.1.b Packet Pg. 328 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 9 - MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 9.1.b Packet Pg. 329 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) - 10 - SUMMARY OF ORDINANCE NO. _______ of the City of Edmonds, Washington On the _____ day of _____________, 2018, the City Council of the City of Edmonds, passed Ordinance No. _______. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTER 4.72 RELATED TO BUSINESS LICENSING The full text of this Ordinance will be mailed upon request. DATED this _____ day of _______________, 2018. CITY CLERK, SCOTT PASSEY 9.1.b Packet Pg. 330 Attachment: Ordinance - Business Licensing (Business License Minimum Threshold and Definition of Engaging in Business) City Council Agenda Item Meeting Date: 11/27/2018 2018 Council Contingency of $10K funds for 2019 Historical Preservation Interns Staff Lead: Shane Hope/Rob Chave Department: City Council Preparer: Maureen Judge Background/History The Council Contingency Fund currently exceeds $10,000. The Historic Preservation Committee would like to have two graduate student interns from Historic Preservation programs conduct research on properties that may qualify for addition to the Edmonds Register of Historic Places. The mission of the Edmonds Historic Preservation Commission is to promote historic preservation and encourage the owners of historically significant properties to voluntarily add them to the Edmonds Register of Historic Places in order to raise awareness and appreciation of local history. The major responsibilities of the Edmonds Historic Preservation Commission are as follows: 1. To identify and actively encourage the conservation of the city’s historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; 2. To raise community awareness of the city’s history and historic resources; and, 3. To serve as the city’s primary resource in historic planning and preservation. Staff Recommendation N/A Narrative The Council is asked to approve $10,000 from 2018 Council Contingency Funds to pay for 2019 Council Historical Preservation Interns. 9.2 Packet Pg. 331 City Council Agenda Item Meeting Date: 11/27/2018 Housing Strategy Review Staff Lead: {Type Name of Staff Lead} Department: City Council Preparer: Maureen Judge Background/History Last spring an initial Draft Housing Strategy was introduced by the Administration to Council. Council most recently deliberated on the Strategy at the 11/13/18 Council meeting. Staff Recommendation N/A Narrative Council is asked to consider a proposal drafted by Councilmembers Tibbott and Buckshnis regarding the creation of a Citizens Housing Commission. Attachments: Housing Commission Excerpts from the Edmonds Comprehensive Plan 9.3 Packet Pg. 332 November 20, 2018 To: Citizens of Edmonds From: Neil Tibbott and Diane Buckshnis Re: 2019 Citizens Housing Commission Problem Statement: In 2018 the City of Edmonds began the process of developing a Housing Strategy to fulfill a stated objective of the Housing Element of the city’s Comprehensive Plan. In cooperation with the Housing Task Force, Berk Consulting and city staff, a rough draft of the statement was produced and subsequently circulated for feedback. During public hearings, both formal and informal, it became obvious that the recommendations put forth in the draft went far beyond the intentions of the original “Implementation Action” for the Housing Strategy which was to focus on options for affordability. (E.g. Comp Plan: Implementation Action: Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs.) Further consideration of public comments has led to the following proposal: Summary Solution In order to preserve the momentum of the pre-existing work performed by the Administration, a Citizens Housing Commission should be formed in 2019 by the Council to assist in redrafting the Housing Strategy. The Commission will consist of Citizens of Edmonds who may or may not represent various stakeholders but are able to incorporate views from across the entire city and are willing to serve in public engagement that is both productive and respectful. Further, this commission will serve at the direction of the Council and seek to produce a Housing Strategy that gives substantial guidance to future decisions regarding housing options for the City of Edmonds. Structural Components: The composition of the Citizens Housing Commission will be developed during a Council Study Session in early 2019. Possible elements may include: 1) The Commission will be constituted in the following manner: one appointment per Council Member and Mayor and one Planning Board Member for a total of 9. The application and selection process will be determined by the Council. 2) The Council should consider if two or three Council Members will be representatives of the Commission and whether they will be voting members. 3) Substantial work would be completed by the end of 2020 4) The Commission will have a Sunset date of 1/1/2121. 9.3.a Packet Pg. 333 Attachment: Housing Commission (Housing Strategy Review) 5) The Commission will focus on Housing Affordability pertaining to a variety of styles and options as it relates to the implementation of the Housing Element of the Comp Plan. 6) As in any commission, audience comments will be encouraged and facilitated. 7) Coordination with the Administration on various responsibilities of processes may include: legal advice, code and ordinance reviews and potential revisions, etc. Questions: • Should the Council obtain the services of a consultant? • How will we involve citizens in establishing the process for resolving the problem of Affordable Housing options? • How will communication be handled and expanded beyond the current methods? Rationale: This Council process supports Housing Goals C, D, E, F, I, and J. Additionally, this process builds on the substantial work completed by staff and in no way minimizes the valuable work already done up to this point. Forming a Citizens Housing Commission seeks to build on the substantial input received by groups and individual citizens of Edmonds. Without their valuable input this Housing Strategy would be incomplete. It’s further recognized that Council may, at their discretion, hold public meetings and/or hearings on this topic in addition to regularly scheduled Commission meetings in order to engage in meaningful public dialog. Council Request of Staff The Council further requests that the Mayor and Staff return to working on the reviewing and revising of the city code--specifically in the areas of land use, zoning, subdivisions, accessory dwelling units, low impact development--and any other code amendments that are necessary to maintain and improve the livability of our community. These code updates will follow the prescribed public process utilizing the applicable boards and commissions with Public Hearings prior to making recommendations to the Council. Attachment: Affordable Housing Strategy excerpts from the Housing Element of the Comp Plan. 9.3.a Packet Pg. 334 Attachment: Housing Commission (Housing Strategy Review) Excerpt #1 from the Housing Element of the City of Edmonds Comprehensive Plan – page 90 http://www.edmondswa.gov/images/COE/Government/Departments/Development_Services/Planni ng_Division/Plans/CompPlan2015/CP_2017_adopted_Housing.pdf Strategies to Promote Affordable Housing. In order to respond to the continuing need to provide affordable housing for the community, the City has undertaken a series of reasonable measures to accomplish this goal, consistent with the policy direction indicated by Snohomish County Tomorrow and the Countywide Planning Policies. These reasonable measures or strategies to promote affordable housing include: Land Use Strategies • Upzoning. The City upzoned a substantial area of previously large lot (12,000+ square foot lots) zoning to ensure that densities can be obtained of at least 4.0 dwelling units per acre. The City has also approved changes to its zoning codes to encourage more multifamily development in mixed use areas, especially in corridors served by transit (e.g. Highway 99 along the Swift high capacity transit corridor). • Density Bonus. A targeted density bonus is offered for the provision of low income senior housing in the City. Parking requirements are also reduced for this housing type, making the density obtainable at lower site development cost. • Cluster Subdivisions. This is accomplished in the city through the use of PRDs. In Edmonds, a PRD is defined as an alternate form of subdivision, thereby encouraging its use as a normal form of development. In addition, PRDs follow essentially the same approval process as that of a subdivision. • Planned Residential Development (PRD). The City has refined and broadened the applicability of its PRD regulations. PRDs can still be used to encourage the protection of environmentally sensitive lands; however, PRDs can also be used to encourage infill development and flexible housing types. • Infill Development. The City’s principal policy direction is aimed at encouraging infill development consistent with its neighborhoods and community character. This overall plan direction has been termed “designed infill” and can be seen in the City’s emphasis and continued work on streamlining permitting, revising codes to provide more flexible standards, and improving its design guidelines. The City is also continuing the process of developing new codes supporting mixed use development in key locations supported by transit and linked to nearby neighborhoods. • Conversion/Adaptive Reuse. The City has established a historic preservation program intended to support the preservation and adaptive reuse of existing buildings, especially in the historic downtown center. Part of the direction of the plans and regulations for the Downtown/Waterfront area is to provide more flexible standards that can help businesses move into older buildings and adapt old homes to commercial or mixed use spaces. An example is the ability of buildings on the Edmonds Register of Historic Places to get an exception for parking for projects that retain the historic character of the site. Administrative Procedures 9.3.b Packet Pg. 335 Attachment: Excerpts from the Edmonds Comprehensive Plan (Housing Strategy Review) • Streamlined approval processing. The City generally uses either a Hearing Examiner or staff to review and issue discretionary land use decisions, thereby reducing permitting timelines and providing an increased degree of certainty to the process. The City continues to provide and improve on an extensive array of information forms and handouts explaining its permitting processes and standards. The City has also established standards for permit review times, tailored to the type and complexity of the project. For example, the mean processing time for processing land use permits in 2011 was 36 days, less than one-third of the 120-day standard encouraged by the State’s Regulatory Reform act. • Use-by-Right. The City has been actively reviewing its schedule of uses and how they are divided between uses that are permitted outright vs. permitted by some form of conditional use. The City has expanded this effort to include providing clearer standards, allowing more approvals to be referred to staff instead of the Hearing Examiner hearing process. • Impact mitigation payment deferral. The City’s traffic mitigation impact fees are assessed at the time of development permit application, but are not collected until just prior to occupancy. This provides predictability while also minimizing “carrying costs” of financing. Development Standards • Front yard or side yard setback requirements. Some of the City’s zones have no front or side yard setback requirements, such as in the downtown mixed use zones. In single family zones, average front setbacks can be used to reduce otherwise required front yard setbacks. • Zero lot line. This type of development pattern can be achieved using the City’s PRD process, which is implemented as an alternative form of subdivision. • Street design and construction. Edmonds has adopted a ‘complete streets’ policy. Street standards are reviewed and updated periodically, taking advantage of new technologies whenever possible. A comprehensive review and update of the city’s codes is underway. • Alleys. The City has an extensive system of alleys in the downtown area and makes use of these in both mixed use and residential developments. • Off-street parking requirements. The City has substantially revised its off-street parking standards, reducing the parking ratios required for multifamily development and in some mixed use areas, thereby reducing housing costs and encouraging more housing in areas that are walkable or served by transit. • Sanitary Sewer, Water, and Stormwater systems. Innovative techniques are explored and utilized in both new systems and in the maintenance of existing infrastructure. Low-Cost Housing Types • Accessory dwellings. The City substantially revised its accessory dwelling regulations, providing clearer standards and streamlining their approval as a standard option for any single family lot. • Mixed-use development. The City has strengthened and expanded its mixed use development approach. Downtown mixed use development no longer has a density cap, and this – combined other regulatory changes – has resulted in residential floor space drawing even with commercial floor space in new developments in the downtown area. Mixed use zoning was applied in the Westgate Corridor, and revised mixed use development regulations have been updated and intensified in the Hospital/Highway 99 Activity Center as well as along Highway 99. 9.3.b Packet Pg. 336 Attachment: Excerpts from the Edmonds Comprehensive Plan (Housing Strategy Review) • Mobile/manufactured housing. The City’s regulation of manufactured homes has been revised to more broadly permit this type of housing in single family zones. Excerpt #2 from the Housing Element of the City of Edmonds Comprehensive Plan – Page 96 Implementation Actions and Performance Measures Implementation actions are steps that are intended to be taken within a specified timeframe to address high priority sustainability goals. In addition, the Comprehensive Plan contains a small number performance measures (no more than one per element) that can be used to monitor and annually report on the implementation and effectiveness of the Comprehensive Plan. Performance measures, as identified in the Comprehensive Plan, are specific, meaningful, and easily obtainable items that relate to sustainability and can be reported on an annual basis. They are intended to help assess progress toward achieving the goals and policy direction of each major Comprehensive Plan element. {Note: The measure identified below is specifically called out as matching the above criteria and being important to housing goals and will be reported annually, along with performance measures for other Comprehensive Plan elements. It is not intended to be the only measure that the City may use for housing purposes. Implementation Action: Develop a strategy by 2019 for increasing the supply of affordable housing and meeting diverse housing needs. Performance Measure: Report the number of residential units permitted each year with a goal of reaching 21,168 units by 2035, or approximately 112 additional dwelling units annually from 2011 to 2035. 9.3.b Packet Pg. 337 Attachment: Excerpts from the Edmonds Comprehensive Plan (Housing Strategy Review)