HomeMy WebLinkAboutPermit PAG-1 7-003
Recording Requested By, and
When Recorded Mail To:
SEATTLE CITY OF CITY-WTR
700 5TH AVE STE 4900-RPS
PO BOX 34018
SEATTLE WA 98124-4018
THE CITY OF SEATTLE- SEATTLE PUBLIC UTILITIES
UTILITY CROSSING PERMIT & AGREEMENT
SPU PERMIT#825-417
Title Utility Crossing Permit&Agreement
Grantor: Seattle Public Utilities—City of Seattle
Grantees: City of Renton(RENTON)
Renton Commons LLC(COMMONS)
Legal Description(abbreviated): Portion of City of Seattle Cedar River Pipeline
right of way, located within the NW '/4 of NE 1/4
SW 1/4 of Sec. 18,Twp. 23 N., Rng. 5 E. W. M.,
King County, WA
Assessor's Tax Parcel ID# 0007200188 and 7841800090
THIS PERMIT AGREEMENT(the"Permit Agreement") is made by and among the City of Seattle,
acting by and through Seattle Public Utilities("SPU" or"City")and:
CITY OF RENTON ("RENTON")
and
RENTON COMMONS LLC, a
Washington limited liability company (`'COMMONS")
SUBJECT TO City of Seattle ordinances and regulations and all other terms and conditions contained
herein. SPU hereby grants to COMMONS and RENTON limited use of:
Portion of City of Seattle Cedar River Pipeline right of way, located within the NW ''A of NE '/4 SW
'A of Sec. 18, Twp. 23 N., Rng. 5 E. W. M., King County, WA to locate, construct, operate, maintain,
repair, and replace:
8-INCH(type) STORM DRAIN PIPE and a Type 1 Catch Basin,Rim 33.1, IE 28.55, connecting to
the existing City of Renton 12-inch Storm Drain,which is also located within the City of Seattle
Cedar River Pipeline right of way, running parallel to and between Cedar River Pipelines#2 and#1
(the"Facilities").
LOCATION:
Crossing the City of Seattle's Cedar River Pipeline#2, approximately 36 Feet West of the Centerline of
Whitworth Ave S., as per approved plans,approximately as shown on the attached EXHIBITS A&B (the
"Crossing Location").
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PLANS AND SPECIFICATIONS:
Seattle Public Utilities has reviewed and approved the following plans(the"Plans"):
CITY OF UNTO T Job#: 10102256
Titled: RENTON COMMONS LLC 215 Whitworth Avenue RENTON, WA 98057
Prepay 4l SiteWise Design PLLC
219 1st Avenue S., Suite 401, Seattle, WA 98104
206-402-4644
Date approved". by the City of Renton 11/09/2017
NOTIFICATIONS REQUIRED:
At least 7 business days prior to construction,and when construction activity is complete,contact:
SPU's Lake Youngs Water Operations Transmission Section,and
Engineering/Plan Review;Richard Cox, Transmission Pipeline Crew Chief
This is to provide enough lead-time to allow SPU to attend a preconstruction meeting and dispatch a
crewmember to be on-site during the construction, if desired by SPU.
CONTACTS:
Seattle Public Utilities
Operations Response Center(ORC)and 24 hour emergency: (206)386-1800,Ext. #3
Lake Youngs Water Operations Transmission Section: (206)684-3933
Cedar Headworks Crew Chief: Richard Cox 206-953-0184 richard.cox(&,seattle.gov
Backup: Wayne Egbert 206-954-5771 wayne.egbert@,seattle.gov
Engineering/Plan Review: Paj Hwang 206-386-4198 pai.hwang(a)seattle.gov
Backup: Joe Herold 206 386-9857 joseph.herold@.seattle.sov
All other communications: Bob Gambill 206 684-5969 bob.gambill@seattle.Qov
Seattle Public Utilities Seattle Municipal Tower
Facilities and Real Property Services 700 5th Ave, Suite 4900
PO Box 34018
Seattle WA 98124-4018 (Please,no comma between Seattle and WA)
RENTON
Name: Ian Fitz-James
Address: 1055 South Grady Way, 6th Floor, Renton, WA 98057
Phone: 425-430-7288
Email: ifitz-james@rentonwa.gov
COMMONS
Name: Eric Blank, Low Income Housing Institute(in care of Renton Commons LLC)
Address 2407 First Avenue, Seattle, WA. 98121
Phone 206-957-8057
Email eblank@lihi.org
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COMMONS' CONTRACTOR
Name Walsh Construction Company of Washington.Att: Maria Llobet,Project Manager
Address 315 Fifth Avenue, Suite 600, Seattle, WA. 98104
Phone 206-547-4008
Email Mllobet@walshconstruction.com
PERMIT FEES:
$5.000 has been paid by COMMONS and deposited in a SPU Guaranty Deposit Account#27935460. An
SPU Project(Activity)Number NS 17006 has been set up. SPU Staff will charge Time and Material
against this amount for permit preparation,plan review, onsite inspections and other operational costs
incurred by SPU. Any remaining balance will be returned to COMMONS.
SPECIAL TERMS, STIPULATIONS AND CONDITIONS:
1. SPU requires a minimum of 6 inches of vertical separation between the bottom of the Starm Drain
Pipe the top of SPU's Pipe Line.
2. Excavation within 3 feet to the SPU Pipe must be dug by hand or Vactor Truck.
3. Pipe Lines must be potholed if required by SPU's on-site representative.
4. Copies of this Permit Agreement, together with all the exhibits noted herein,must be available on-
site during construction.
INSURANCE REQUIRED:
1. COMMONS' and RENTON's Insurance Covera�es and Limits. COMMONS and RENTON shall
each, at each's respective sole cost and expense, and at all times shall maintain in full force and
effect the following minimum limits of insurance, and adhere to all terms and conditions set forth
below:
a. Commercial General Liability(CGL)written on an occuri•ence form at least as broad as ISO CG
00 O1,with Minimum Limits of Liability:
$1,000,000 per Occurrence
$2,000,000 General Aggregate
$1,000,000 Personal/Advertising Injury Liability
$1,000,000 Damage to Premises Rented to You
Employers Liability/Washington Stop
$1,000,000 Each Accident/Each Disease/Policy Limit
Alternatively,may be evidenced as Employer's Liability insurance under Part B of a Workers
Compensation insurance policy.
Coverage shall include: Premises and Operations;Broad Form Property Damage(COMMONS
excludes Completed Operations; RENTON includes Completed Operations); Liability assumed
under an Insured Contract(including tort liability of another assumed in a business contract);
Personal Injury and Advertising Liability; Independent Contractors; Severability of Interest
Clause; Waiver of Subrogation endorsement in favor of City as required by contract; General
Aggregate Limits of Insurance shall apply separately; "Claims Made"and"Modified Occurrence"
policy forms are not acceptable.
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The limits of liability described above are minimum limits of liability only. Regardless of
provisions to the contrary under the terms of any insurance policy maintained by COMMONS and
RENTON, the specification of any such minimum limits shall neither be(1)intended to establish a
maximum limit of liability to be maintained by COMMONS and RENTON regarding this Permit
Agreement,nor(2)construed as limiting the liability of any of COMMONS' or RENTON's
insurers,which must continue to be goveriled by the stated limits of liability of the relevant
insurance policies.
b. In the event that the City deems insurance to be inadequate to protect COMMONS,RENTON and
the City, COMMONS and RENTON shall increase coverages and/or liability limits as the City
shall deem reasonably adequate within sixty(60) days after the date of written notice.
c. Terms and Conditions for COMMONS' and RENTON's Insurance.
i. The Citv of Seattle as Additional Insured: The CGL insurance policies for COMMONS
and RENTON shall each include"The City of Seattle, its officers, officials, employees,
agents and volunteers"as additional insureds. COMMONS' and RENTON's insurance
shall each be primary and non-contributory to any insurance maintained by or available to
the City. The term"insurance" in this paragraph shall include insurance and self-insurance
(whether funded or unfunded),
ii. Required Separation of Insured Provision; Cross-Liability Exclusion and other
Endorsements Prohibited: COMMONS' and RENTON's insurance policies shall each
include a"separation of insureds"or"severability" clause that applies coverage separately
to each insured and additional insured, except with respect to the limits of the insurer's
liability. COMMONS' and RENTON's insurance policies shall not contain any provision,
exclusion or endorsement that limits,bars, or effectively precludes the City of Seattle from
coverage or asserting a claim under COMMONS' or RENTON's insurance policies on the
basis that the coverage or claim is brought by an insured or additional insured against an
insured or additional insured under the policy. If either COMMONS or RENTON fail to
comply with any of the requisite insurance provisions, it shall be a material breach of, and
grounds for,the immediate termination of the Permit Agreement with the City of Seattle;
or if applicable, and at the discretion of the City of Seattle, shall serve as grounds for the
City to procure or renew insurance coverage with any related costs of premiums to be
repaid by COMMONS or RENTON, as applicable, or reduced and/or offset against the
Permit Agreement.
iii. Cancellation Notice: Coverage shall not be cancelled without 30 day written notice of such
�cancellation, except 10 day written notice as respects cancellation for non-payment of
premium,to the City at its notice address herein except as may otherwise be specified in
Revised Code of Washington(RCW)48.18.290 (Cancellation by insurer.).
iv. Minimum Security Requirements: Each insurance policy required hereunder shall be(1)
subj ect to reasonable approval by City that it conforms with the requirements of this
Section,and(2)be issued by an insurer rated A—:VIII or higher in the then-current A. M.
Best's Key Rating Guide and licensed to do business in the State of Washington unless
procured under the provisions of chapter 48.15 RCW(Unauthorized insurers).
d. Deductible or Self-Insured Retention: Any deductible or self-insured retention("S.I.R.")must be
disclosed to, and shall be subject to reasonable approval by,the City. COMMONS and RENTON
shall cooperate to provide such infarmation as the City may reasonably deem to be necessary to
assess the risk bearing capacity of COMMONS or RENTON, as applicable,to sustain such
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deductible or S.I.R. The cost of any claim falling within a deductible or S.I.R. shall be the
responsibility of COMMONS or RENTON, as applicable. If a deductible or S.I.R. for CGL or
equivalent insurance is not"fronted"by an insurer but is funded and/ar administered by
COMMONS or RENTON or a contracted third party claims administrator,COMMONS or
RENTON,as applicable, agrees to defend and indemnify the City to the same extent as the City
would be protected as an additional insured for primary and non-contributory limits of liability as
required herein by an insurer.
e. Evidence of Insurance. On or before the Commencement Date,and thereafter not later than the
last business day prior to the expiration date of each such policy,the following documents must
be delivered to City at its notice address herein as evidence of the insurance coverage required to
be maintained by COMMONS and RENTON:
i. Certification of insurance documenting compliance with the coverage,minimum limits
and general requirements specified herein; and
ii. A copy of the policy's declarations pages, showing the insuring company, policy effective
dates, limits of liability and the Schedule of Forms and Endorsements specifying all
endorsements listed on the policy including any company-specific or manuscript
endorsements;
iii. A copy of the CGL insurance policy provision(s)and endorsements expressly including
the City of Seattle and its officers, elected officials, employees,agents and volunteers as
additional insureds(whether on ISO Form CG 20 26 or an equivalent additional insured
or blanket additional insured policy wording), showing the policy number, and the
original signature and printed name of the representative of the insurance company
authorized to sign such endorsement;
£ Insurance requirements may be revised from time to time in the future,to be consistent with the
City of Seattle requirements.
GENERAL TERMS,STIPULATIONS AND CONDITIONS:
1. The City acknowledges and agrees that all work(including construction,operation, maintenance,
repair, and replacement)under this Permit Agreement is contemplated to be performed b}�
COMMONS and other persons and entities acting on behalf of and at the direction of COMMONS.
RENTON is not contemplated to perform any work under this Permit Agreement,but the City,
COMMONS, and RENTON hereby expressly agree that should COMMONS fail to perform work
timely or satisfactorily,that RENTON, at its sole option and discretion,has the right to undertake
such work, if reasonably necessary to protect RENTON's interests.
2. COMMONS and RENTON are responsible to limit the use of the City of Seattle's right of way to the
uses authorized by this Permit Agreement.
3. COMMONS and RENTON agree that the actions of their respective contractors,agents or invitees of
a party are considered to be the same as if performed or caused by that party.
4. COMMONS is solely responsible for determining the need for and obtaining all permits that are
required in order to complete COMMONS' construction activities. COMMONS has not relied on
5PU for assessing site conditions or determining the suitability of the site conditions to accommodate
COMMONS' construction activities.
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5. Construction activities authorized by this Permit shall be completed within 1 year,beginning on the
date of approval by SPU.
6. COMMONS may make field changes or modifications to the planned construction of the Facilities
by mutual agreement of SPU on-site representative and COMMONS' authorized representative.
Such changes shall be noted and initialed in the field notes of SPU's on-site representative and
documented in the as-built drawings.
7. The construction,maintenance, operation,repair, and replacement of the Facilities shall be at the sole
cost and expense of COMMONS. Further, if RENTON undertakes work pursuant to Section 1
COMMONS shall remain solely responsible for all costs and expenses, and RENTON retains its
right to seek and recover from COMMONS all of RENTON's costs and expenses.
8. All work shall be prosecuted with diligence,and with due respect to all property, contracts, persons,
rights and the interests and convenience of the public.
9. All construction and related activities within the Crossing Location are subject to the direction and
approval of the on-site SPU representative.
10. SPU reserves the right to stop��ork or modify the method of construction or design if necessary to
protect SPU's facilities.
11.After completion of the construction of the Facilities by COMMONS,RENTON agrees to provide
pipeline protection, if required by SPU,prior to moving equipment over or within 10 feet of the
water transmission pipelines.
12. COMMONS shall supply"as-built plans"within 30 days of completion of construction.
13. COMMONS and RENTON agree that SPU shall not be liable for any damage to said Facilities by
reason of any construction, alteration or improvement by SPU, its agents or representatives, except
where such damage is caused by the sole or comparative negligence of SPU,its agents or employees.
14. If at any time the Facilities interfere with SPU's installation, repair or replacement of its own
facilities at this location,COMMONS upon written notice from SPU shall temporarily remove its
Facilities at its own expense during SPU's installation,repair or replacement and shall replace same
at its o«�n espense under the supervision of SPU.
15.Any raising, lowering or other adjustment of the Facilities necessitated by the alteration or
installation of SPU's existing or future pipelines or other improvements shall be accomplished
immediately by COMMONS at COMMONS' sole cost and expense,upon notification of
COMMONS by SPU.
16. Any alterations,moving or adjusting of SPU's water pipelines and appurtenances required by the
construction,placement, operation, maintenance,repair,or replacement of the Facilities shall be
performed by Seattle Public Utilities at the sole cost and expense of COMMONS,unless other«ise
agreed between SPU and COMMONS.
17. RENTON agrees upon being billed therefore to pay for any increase in SPU's cost of installing,
replacing or repairing SPU's pipelines or other SPU improvements resulting from the existence of the
Facilities.
18. COMMONS agrees to pay to SPU the reasonable cost of repair of any of SPU's facilities damaged by
the construction, operation,mainteilance,repair, or replacement of the Facilities.
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19. COMMONS agrees to repair any and all damage or injury done to the Crossing Location, SPU's
facilities,or facilities of others,to SPU's or other facility owner's satisfaction,resulting from the
construction, operation,maintenance,repair,or replacement of the Facilities, within 10 days of the
completion of the work, at the sole cost and expense of COMMONS; provided that if such damage or
injury is caused by RENTON then RENTON shall make such repair.
20. If COMMONS or RENTON, as applicable,has not corrected, or made an acceptable agreement with
SPU to correct any condition caused by COMMONS or RENTON that SPU determines as
unacceptable within ten(10)days of notification by SPU, SPU may perfarm such work, and all
reasonable costs incurred shall be billed to COMMONS or RENTON, as applicable. SPU may act
immediately for conditions,which pose a threat to public health, safety or the environment.
COMMONS or RENTON,as applicable, agrees to pay such bills in a timely maimer.
21. COMMONS and RENTON must follow all rules,regulations and laws governing the construction,
operation,maintenance,repair, or replacement of the Facilities. This Permit Agreement shall not be
construed to replace or to be used in lieu of any permit or licenses which may be required, granted or
supervised by any other agency or subdivision of government.
22. COMMONS and RENTON shall not install or modify a cathodic protection system on its Facilities
��ithout the prior written approval of SPU. COMMONS shall provide, at its own expense,
appropriate corrosion control measures to protect SPU's��ater pipelines or other facilities from stray
electrical current caused by the Facilities or cathodic protection installations. If such corrosion or
electrolytic action should occur,the repair of any such damage, and any investigation required to
locate and determine the extent thereof, shall be performed by SPU or its designee at the sole cost
and expense of COMMONS. It is COMMONS' responsibility to pcovide,at its own expense,
appropriate corrosion control measures to protect the Facilities from stray electrical current caused
by SPU's facilities or cathodic protection installations. COMMONS, at its own expense, shall join
with SPU in cooperative testing for stray current interference.
23. COMMONS and RENTON agree to restore SPU's survey monuments or right of way markers if
such monuments are damaged, destroyed or moved as a result of their respective activities within
SPU's right of way.
24. COMMONS and RENTON shall take all reasonable steps to ensure that no erosion, excavation,
runoff,pollution,siltation or turbidity from its activities shall adversely affect the right of way or tl�e
surrounding environment.
25. COMMON and RENTON agree to restore the Crossing Location to its condition existing prior to the
effective date of this Permit and leave the premises in a safe, orderly, fit and sanitary condition upon
completion of construction and termination of this Permit Agreement.
26.
A. All of COMMONS' and RENTON's operations or activities on or occupancy of the Crossing
Location, including without limitation any use or occupancy of the Crossing Location by any
official,employee, agent,representative, licensee,consultant, contractor, licensee,visitor or
invitee of COMMONS or RENTON, shall comply with all Environmental Laws(as defined in
section 26.B), including those governing, or in any way relating to, any Hazardous Substance(as
defined in section 26.C). If SPU's property becomes contaminated as a result of actions
hereunder by COMMONS or RENTON, its officials, employees, agents,consultants, contractors,
representatives, licensees, invitees, or visitors,COMMONS or RENTON,as applicable, shall
clean up and remediate such contamination as necessary to bring the property in compliance with
Environmental Laws. If COMMONS or RENTON, as applicable,does not so act in a prudent
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and prompt manner, SPU reserves the right, but not the obligation,to act in place of COMMONS
or RENTON, as applicable, and to take such action as SPU deems necessary to ensure
compliance or to mitigate the violation. All reasonable costs and expenses incurred by SPU in
connection with any such actions shall become immediately due and payable by COMMONS or
RENTON, as applicable,upon SPU's presentation of an invoice therefore.
B. For the purposes of this Permit Agreement,the term"Environmental Law(s)"means any local,
state or federal law, regulation,ordinance, order or other source of law,now or hereafter in effect
relating to the protection of human health or the environment including, but not limited to: the
Federal Clean Air Act;the Federal Water Pollution Control Act;the Federal Safe Drinking
Water Act; the Federal Comprehensive Environmental Response Compensation and Liability
Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal
Resource Conservation and Recovery Act,as amended by the Solid and Hazardous Waste
Amendments of 1984;the Federal Occupational Safety and Health Act;the Federal Emergency
Planning and Right-to-Know Act of 1986;the Federal Hazardous Materials Transportation
Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide,Fungicide and
Rodenticide Act;the Federal Waste Management Recovery and Recycling Act;the Washington
Hazardous Waste Management Act;the Washington Hazardous Waste Fees Act; Washington
Model Toxics Control Act;the Washington Nuclear Energy and Radiation Act;the Washington
Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum
Storage Tanks Act; and any regulations promulgated thereunder from time to time.
C. For purposes of this Permit Agreement,the term"Hazardous Substance(s)"means any and all
dangerous, hazardous or toxic substances, materials,wastes, pollutants or contaminants regulated
under or subject to any Environmental Laws, including but not limited to those substances,
materials and wastes listed in the United States Department of Transportation Hazardous
Materials Table(49 C.F.R. §172.101)or by the United States Environmental Protection Agency
as hazardous substances(40 C.F.R. pt. 302 and amendments thereto)or in the Washington
Hazardous Waste Management Act(Ch. 70.1O5D RCW)or the Washington Model Toxics
Control Act(Chs. 70.1O5D RCW 8221 RCW),petroleum products and their derivatives, and
such other substances,materials and wastes as become regulated or subject to cleanup authority
under any Environmental Law.
27. The parties shall indemnify each other as follows:
A. COMMONS' indemnification of SPU and RENTON:
(1)COMMONS shall release, defend, indemnify and hold harmless SPU and RENTON,their
officials,employees,agents, licensees,contractors, consultants, invitees and representatives
(collectively,the"Indemnitees")from and against any and all claims, liens,demands,actions,
costs, losses,expenses,harm,damages, and liability of any kind or character asserted or arising
from, on account of,or in connection with(i) COMMONS' exercise of its rights or obligations
under this Permit Agreement,(ii) the acts or omissions of COMMONS and its officials,
employees, agents, consultants, contractors,representatives, licensees, invitees,or visitors in or
upon the Crossing Location ar(iii)any damage to or failure of the Facilities resulting in any
damage or injury to any person or property; provided,however,nothing herein shall require
COMMONS to so indemnify and hold harmless SPU to the extent of the negligence of SPU or
RENTON, or their officials, employees, agents,consultants, contractors, representatives, invitees
or]icensees.
(2)COMMONS shall release, indemnify,defend and hold harmless the Indemnitees from and
against all claims, actions,regulatory demands,judgments, liens,damages, harm,penalties, fines,
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cosis, expenses,liabilities or losses(including,wi�thout limitation, clean up or remedial costs,
injuries to third persons, sums paid in settlement of claims,reasonable attorneys' fees,consultant
fees, and expert fees)which are imposed on,paid by, or asserted against the Indemnitees in
connection with any violation of Environmental Law by COMMONS, its officials, employees,
agents, licensees,contractors,consultants,invitees or representatives.
(3)As among the parties and solely for the purpose of effectuating the indemnities contained in
subsections A.1 and A.2 of this section 26, COMMONS expressly waives any immunity, defense
or protection that may be granted to it under the Washington State Industrial Insurance Act,
Revised Code of Washington Title 51 or any other industrial insurance,workers' compensation
ar similar laws of the State of Washington. This section shall not be interpreted or construed as a
waiver of COMMONS' right to assert any such immunity,defense or protection directly against
any of its own employees or such employee's estate or other representatives. This subsection
26.A3 has been mutually negotiated by the parties.
B. RENTON'S indemnification of SPU:
(l)RENTON shall release,defend, indemnify and hold harniless SPU, its officials, employees,
agents, licensees, contractors,consultants, invitees and representatives(collectively,the
"Indemnitees")fi•om and against any and all claims, liens, demands,actions, costs,losses,
expenses,harm, damages,and liability of any kind or character asserted or arising from, on
account of, or in connection with(i)RENTON's eYercise of its rights or obligations under this
Permit Agreement,(ii) the acts of RENTON and its officials,employees, agents, consultants,
contractors,representatives, licensees, invitees, or visitors in or upon the Crossing Location or
(iii)any damage to or failure of the Facilities caused by RENTON resulting in any damage or
injury to any person or property.
(2)RENTON shall release,indemnify, defend and hold harmless the Indemnitees from and
against all claims,actions,regulatory demands,judgments, liens,damages, harm,penalties, fines,
costs, expenses, liabilities or losses (including,without limitation, clean up or remedial costs,
injuries to third persons, sums paid in settlement of claims,reasonable attorneys' fees, consultant
fees,and expert fees)which are imposed on,paid by, or asserted against the Indemnitees in
connection with any violation of Environmental Law by RENTON, its officials, employees,
agents, licensees,contractors, consultants, invitees or representatives.
(3)As among the parties and solely for the purpose of effectuating the indemnities contained in
subsections B.1 and B2 of this section 27,RENTON expressly waives any immunity, defense or
protection that may be granted to it under the Washina on State Industrial Insurance Act, Revised
Code of Washington Title 51 or any other industrial insurance,workers' compensation or similar
laws of the State of Washington. This section shall not be interpreted or construed as a waiver of
RENTON's right to assert any such immunity,defense or protection directly against any of its
o��n employees or such employee's estate or other representatives. This subsection 27.B3 has
been mutually negotiated by the parties.
28. This Permit Agreement is intended to convey limited use and rights only. None of the rights granted
to COMMONS or RENTON shall affect Seattle's jurisdiction over the right-of-way and/or SPU's
power to perform work on said right-of-way. COMMONS' and RENTON's use of the right of way
shall in no way interfere with SPU's present or future use of the right of way for any purpose.
29. The use herein granted to COMMONS and RENTON shall be non-exclusive, and SPU reserves to
itself, its successors and assigns the right to use the Crossing Location for any SPU purpose and grant
other permits across said Crossing Location,which shall not unreasonably conflict with
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COMMONS' or RENTON's construction, operation, maintenance;repair, or replacement of the
Facilities.
30.Neither COMMONS nor RENTON shall acquire any right or interest in the Crossing Location,nor
to the occupancy of the same,or any part thereof,otl�er than for the period of time herein specified
and only for the purpose herein described and pursuant to conditions and restrictions herein stated.
31. COMMONS and RENTON shall not assign their rights or obligations hereunder except with the
prior written consent of SPU,which consent shall not unreasonably be denied. Subject to the
preceding sentence,the rights and obligations of SPU,COMMONS, and RENTON shall inure to the
benefit of and be binding upon their respective successors and assigns.
32. In the event the Facilities within the Crossing Location shall be removed or abandoned,this Permit
Agreement shall terminate, and COMMONS or RENTON shall decommission the Facilities pursuant
to applicable laws as regulated by SPU, State, and Federal agencies.
33. This Permit Agreement is revocable upon thirty days' notice by the Director of Seattle Public
Utilities.
34.Now, and at all times, it is expressly understood and agreed by COMMONS and RENTON;that prior
to any construction,or any maintenance, operational, repair, or replacement activities which could
impact or endanger SPU's pipelines or appurtenances,COMMONS or RENTON,as applicable, shall
provide plans and specifications to SPU for review and approval. Review and approval by SPU shall
occur within a timely manner. Such approval shall not be unreasonably withheld. Said approval
shall be in writing and may be in the form of a separate "Construction Agreement"that must be
executed by SPU and COMMONS or RENTON, as applicable.
SEATTLE PUBLIC UTILITIES RENTON COMMONS LLC
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EXHIBIT B
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Page 12 of 12
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When recorded,return to:
Renton Commons LLC
Low Income Housing Institute
2407 First Avenue
Seattle,WA.98121
Att: Robin Amadon
DOCUMENT: STORMWATER FACILITY AGREEMENT
GRANTOR: RENTON COMMONS LLC, a Washington Limited Liability Company
GRANTEE: CITY OF RENTON,a Municipal Corporation
LEGAL DESCRIPTION:
LOTS 1, 2, AND THE NORTH 2O.0 FEET OF LOT 3, BLOCK 4,
SMITHERS SIXTH ADDITION TO THE TOWN OF RENTON, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 26
OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON.
ASSESSOR'S TAX PARCEL ID NO. 7841800090
PERMIT STREET ADDRESS: 215 WHITWORTH AVE. S. RENTON, WA. 98057
BUILDING PERMIT NOS.: Cl r-001559, LUA16-000425, PR17-000379, TED-40-3955
GRANTOR'S ADDRESS: c/o Low Income Housing Institute
2407 First Avenue
Seattle, WA. 98121
� �
STORMWATER FACILITY AGREEMENT
THIS AGREEMENT,made this day of ,2017,by and
between Renton Commons LLC ("Owner") _
owner of property located at 215 Whitworth Avenue South Renton, WA. 98055 ("Propertv")
and City of Renton ("City")
City has agreed to allow Owner to coiu�ect its storm line to the City of Renton storm main located in the
Seattle Public Utilities("SPU")right-of-way abutting the Property under a permit issued by SPU to the
City and Owner under SPU permit number 825-417 (the"SPU Permit Agreement"). The SPU
Permit Agreement is attached hereto as Exhibit A. The SPU Permit Agreement facilitates the
construction by Owner of Renton Commons, a single building of 48 units of affordable housing. Owner
acknowledges that the City agreed to become a party to the SPU Permit Agreement only because Owner
is accepting all responsibility and liability for the Facilities.
Therefore, in consideration of the foregoing, it is hereby agreed between Owner and the City, as follows:
1. Owner shall design, permit, and construct its storm line and any other storm drainage facilities to be
located on the Property(collectively,the"Facilities") in accordance with the plans reviewed and
approved by the City and by SPU and which are made a part of the SPU Permit Agreement. Owner shall
design,permit, and construct the connection of the Facilities to the City's storm main accordance with the
plans reviewed and approved by the City and by SPU and which are made a part of the SPU Permit
Agreement.
2. Owner shall be responsible for all costs associated with designing,permitting, and constructing the
Facilities and for connecting the Facilities to the City's storm main.
3. Owner shall provide for the long term maintenance and operation of the Facilities to ensure that those
facilities remain in proper working order in accordance with approved design standards,rules, regulations
and applicable laws. The maintenance of the Facilities shall be in accordance with the Applicable
Maintenance Requirements for the Facilities attached hereto as Exhibit B. To the extent that
maintenance or operation of the Facilities causes O�vner to need or desire to access any City-owned
facilities(such as the storm main or catch basins},Owner shall contact the City Maintenance shops by
telephone message to(425)430-7400 no fewer than two(2)business days prior to access. Owner shall be
responsible for all costs associated with maintaining and operating the Facilities.
4. Owner expressly acknowledges and agrees that if Owner fails to maintain or operate the Facilities
timely or satisfactot•ily, in the sole discretion of the City,the City has the right to undertake such wark.
All costs of such work undertaken by the City shall remain the responsibility of Owner,and the City shall
have the full right to recover all such costs from Owner(and the Owner's heirs,successors, and assigns,
'� `�.�
as applicable)and shall have the right to lien the Property, in addition to all other recovery rights at law or
equity.
5. Indemnification.
a. Owner agrees to release, indemnify, defend, and hold harmless the City, elected officials,
employees,officers,representatives,and volunteers from any and all claims, demands, actions, suits,
causes of action, arbitrations,mediations,proceedings,judgments, awards, injuries, damages,liabilities,
taYes,losses,fines, fees, penalties,expenses, attorney's or attorneys' fees,costs, and/or litigation expenses
to or by any and all persons or entities,arising from,resulting from, or related to the acts, errars or
omissions of Owner relating to(i)the design,permitting, construction,and/or maintenance of the
Facilities; (ii)its performance otherwise of or under this Agreement; or(iii)its breach of this Agreement;
all except for any portion of the claims caused by the City's sole negligence.
b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
424.115, (Validity of agreement to indemnify against liability for negligence relative to construction,
alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of Owner and the City, its officers, officials, employees and volunteers,
Owner's liability shall be only to the extent of Owner's negligence.
� c. It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Owner's waiver of immunity under the Industrial Insurance Act, RCW Title 51,
solely far the purposes of this indemnification. The Parties have mutually negotiated and agreed to this
waiver. The provisions of this section shall survive the expiration or termination of this Agreement.
6. Insurance: Owner shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the life of the Facilities.
b. For all ���ork associated with designing, permitting, constructing or maintaining the Facilities
that is provided by a licensed professional or that requires a professional standard of care: Professional
Liability, Errors and Omissions coverage with minimum limits of$1,000,000 per occurrence.
c. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of
Washington.
d. Commercial Automobile Liability for owned, leased, hired or non-o��ned, leased, hired or
non-owned,with minimum limits of$1,000,000 per occurrence combined single limit. This is required if
a commercial vehicle will be used in performance of work or for delivery of products, beyond normal
commutes.
e. Owner shall name the City as an Additional Insured on its commercial general liability policy
on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of
any Owner liability, nor shall the maintenance of any insurance required by this Agreement be construed
� �
to limit the liability of Owner to the coverage provided by such insurance or o�herwise limit the City's
recourse to any remedy available at law or in equity.
f. Subject to the City's review and acceptance, a certificate of insurance showing the proper
endorsements, shall be delivered to the City before performing any work associated with the Facilities.
g. Owner shall provide the City with written notice of any policy cancellation, within two (2)
business days of their receipt of such notice.
7. Notices: Any notice required or given under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time to time by such
party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by
nationally recognized overnight courier service. Time period for notices shall be deemed to have
commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on
the first business day following transmission. Email and telephone may be used for purposes of
administering the Agreement, but should not be used to give any formal notice required by the
Agreement.
CITY OF RENTON OWNER
Ian Fitz-James Eric Blank, Low Income Housing Institute
1055 South Grady Way, 6°i Floor (in care of Renton Commons LLC)
Renton, WA 98057 2407 First Avenue
Phone: (425)430-7288 Seattle, WA 98121
ifitz james@reutonwa.gov Phone: (206)957-8057
eblank@lihi.org
8. Governin� Law. This Agreement sha11 be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington and the City of Renton. Owner and all of Owner's
employees shall perform the Work in accordance with all applicable federal, state, county and city laws,
codes and ordinances.
9. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the
State of Washington at the Maleng Regional Justice Center iu Kent, King County, Washington, or its
replacement or successor. �
10. Severabilitv. A court of competent jurisdiction's determination that any provision or part of this
Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,
which shall remain in full force and effect.
11. Sole and Entire AQreement. This Agreement contains the entire agreement of the Parties and any
representations or understandings,whether oral or written,not incorporated are excluded.
� �
12. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor.
13. Covenant Runnin� with the Land. The parties intend and agree on behalf of themselves and on
behalf of their heirs, successars and assigns that this Agreement shall be a covenant running with the land
and shall be binding upon all parties and their heirs, executors, administrators, successors, assigns,
lessees, sub-lessees,tenants and sub lessees,tenants and sub-tenants.
14. Effective Date. This Agreement shall become effective on the date last signed below by the Parties.
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement.
CITY OF ENTON RENTON COMMONS LLC
By: By: ��'�.,�r,��- Giti�r�Lq^^-
Denis Law, Mayor Robin Amadon,
Housing Development Director
�2 ! Z 'S 7ci
Date Date
Attest
_����r J�'��
Jas A. Seth
ty Clerk ,`�t�����tuiurri����
��,``'`���'o���R,E'N���,�'�-,
� ,,,y ;
Approved as to Legal Form = .Nn ,.
- * = SEAL = * "
.�r�����n�Q A���v `�/ � y �� � �� 1
��r, i C7 ���ii `� �`�
slldll0 MO1011O ,���i��'pp �����ui��n�������`6��,�`�
Renton City Attorney ���''����pr��S�P��`��*�
� �
STATE OF WASHiNGTON )
) SS
COLJNTY OF ��~� � )
On this �S -� � day of ���'��h-�� , 20 f� , before me personally appeared
ROBIN AMADON, to me known to be the HOUSING DEVELOPMENT DIRECTOR of RENTON
COMMONS LLC, a Washington limited liability company, that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said entity for
the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said
instrument.
DATED �GP�S�� 1 � ,20 ��.
``������\\11������ �n����
��� Q��•�.Q ��/� .
� `�aa.������} y �j
_ �g9�p�y F�ir��Ca� ,�� (Signature of Notary)
-� :�,� oTAR ,p����� �,'�
: z0� �' j y/� y �� V � rl �< <'v �^/
� :V .. • �. �"
� ; A � �z % (Print or stamp name of Notary)
%N���'��,� �BL�O,,,.:=,`� = NOTARY PUBLIC in and for the State of Washington,
�/�9�' �''��+;1�9":��` � � residingat 5 t �{-�i-L�v
�
!��lr �F yr/AS���� My appointment expires: � f
,����1\�Ii�1+���'��
� �
STATE OF WASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me personally appeared
DENIS LAW, to me known to be the Mayor of the CITY OF RENTON, a Washington municipal
corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said municipal corporation for the uses and purposes therein
mentioned,and on oath stated that he was autharized to execute said instrument.
DATED ,20_.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washinb on,
residing at
My appointment expires:
� �
EXHIBIT B
APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS
� ; ;=. _ .,,,
;
N� 8 CONVEYANCE�lPES AND,DITCHES ° ;
MAINTENANCE DEFECT OR CONDITIONS WHEN RESULTS EXPECTED WHEN
COMPONENT PROBLEM MAINTENANCE IS NEEDED MAINTENANCE IS PERFORMED
Pipes Sediment&debris Accumulated sediment or debris that Water flows freely through pipes.
accumulation exceeds 20%of the diameter of the pipe.
Vegetation/root Vegetation/roots that reduce free Water flows freely through pipes.
growth in pipe movement of water through pipes.
Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of
pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source
paint. control BMPs implemented if appropriate.
No contaminants present other than a
surface oil film.
Damage to protective Protective coating is damaged;rust or Pipe repaired or replaced.
coating or corrosion corrosion is weakening the structural
integrity of any part of pipe.
Damaged pipes Any dent that decreases the cross section Pipe repaired or replaced.
area of pipe by more than 20%or is
determined to have weakened structural
integrity of the pipe.
Ditches Trash and debris Trash and debris exceeds 1 cubic foot per Trash and debris cleared from ditches.
1,000 square feet of ditch and slopes.
Sediment Accumulated sediment that exceeds 20% Ditch cleaned/flushed of all sediment and
accumulation of the design depth. debris so that it matches design.
Noxious weeds Any noxious or nuisance vegetation which Noxious and nuisance vegetation removed
may constitute a hazard to City personnel according to applicable regulations.No
or the public. danger of noxious vegetation where City
personnel or the public might normally be.
Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of
pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source
paint. control BMPs implemented if appropriate.
No contaminants present other than a
surface oil film.
Excessive vegetation Vegetation that reduces free movement of Water flows freely through ditches.
growth water through ditches.
Erosion damage to Any erosion observed on a ditch slope. Slopes are not eroding.
slopes
Rock lining out of One layer or less of rock exists above Replace rocks to design standards.
place or missing(If native soil area 5 square feet or more,any
applicable) exposed native soil.
12/12/2016 2017 City of Renton Surface Water Design Manual
A-12