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PAG-11-005 PROPERTY USE AND EXCHANGE AGREEMENT This Property Use and Exchange Agreement ("Agreement") is entered into as of k.r , 2011 the ("Execution Date") by and between the City of Renton, Washington ("City"); The Boeing Company(`Boeing"); and Longacres Park, Inc., a wholly-owned subsidiary of Boeing ("LPI"). Factual Background A. LPI is the owner of certain real property located in the City of Renton known as Longacres Park ("Longacres Park"). Boeing leases Longacres Park from LPI pursuant to a lease dated June 1, 1997, recorded in King County under recording no. 199707030128 (the "Lease"). B. City wishes to acquire title to certain portions of Longacres Park in connection with street developments planned by the City. C. City is willing to convey certain other real property to LPI as compensation for the property to be conveyed to the City. LPI and Boeing are willing to accept such property as compensation for the property to be conveyed by LPI. D. The parties recognize that a boundary line adjustment will be required in order to facilitate the transactions to be entered into by the parties. During the period of time that the necessary tasks will be performed that are necessary to the exchange of properties contemplated by this Agreement, Boeing and LPI will grant an easement to the City permitting the City to use portions of Longacres Park. In addition, Boeing and LPI will grant to the City licenses to use a portion of Longacres Park for access and another portion of Longacres Park for storage of construction materials, all as more fully provided for in this Agreement. Agreements In consideration of the mutual promises of the City, LPI, and Boeing (the City, on the one hand, and LPI and Boeing together on the other, each being referred to herein as a "Party"), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Agreement hereby agree as follows. 1. License for Access. Boeing, LPI, and the City will enter into a license agreement for access substantially in the form attached as Exhibit A. 2. License for Storage. Boeing, LPI, and the City will enter into a license agreement for storage substantially in the form attached as Exhibit B. 3. Boundary Line Adjustment. LPI, Boeing, and the City will take such steps as may be necessary to prepare and obtain approval for a boundary line adjustment ("BLA") that will result in the boundaries of Longacres Park changing, and title to the affected land being conveyed, as shown in the drawing attached as Exhibit C. The City will incur and bear all costs Renton_WA_Longacres_ Exchange Agreement_(City Edit) 201103171 (2).docx Page ] of 8 vr00' NOW in connection with the BLA and all Parties will retain surveyors, engineers, planners, and legal counsel as necessary to prepare a BLA that reflects the alterations in boundaries shown in Exhibit C. Upon approval of the BLA by the City, and the execution, delivery, and recordation by the respective parties of such deeds and instruments as may be necessary to exchange title to the various parcels shown on Exhibit C, the City will record the BLA. The City shall bear the cost of recording all such deeds or other instruments. The City will bear the cost of recording the BLA. The land to be conveyed by the City is referred to as the "City Property" and the land to be conveyed by LPI is referred to as the "LPI Property". The City Property and/or the LPI Property may be referred to as "Property" in order to refer to property that will be conveyed to a Party. 4. Due Dili. During the Contingency Period (defined below), each Party shall have the right to inspect and approve or disapprove, in that Party's sole discretion, the following: (a) all physical, mechanical, architectural, structural, seismic, geotechnical, environmental and all other aspects of the Property, (b) the economic value of the Property of the other Party; (c) the size, dimensions, location, and topography of the Property; (d) the condition of the other Party's title to the Property and (e) the zoning applicable to the Property, the land use entitlements required to develop the Property (if applicable) as such Party desires, the availability of electrical power, water, sewage, gas, and other utilities and of streets, roads, and the suitability of the Property generally for the acquiring Party's intended purpose. The "Contingency Period" is the period of time commencing on the Execution Date and ending forty-five (45) days later. The Contingency Date is the last day of the Contingency Period. The "Contingency Period" ends at 5:00 p.m., Pacific time, on the Contingency Date. The Party acquiring Property shall be solely responsible for determining existing zoning classifications, building regulations, governmental entitlements, development requirements, environmental conditions and all other legal and any other matters applicable to the Property. To assist each Party's feasibility study, each Party shall, within ten (10) days after the Execution Date, and during the Contingency Period, make available to the other Party at a location in the Puget Sound area specified by the Party providing them the following documents (and the providing Party agrees that the other Party may make copies of such of these documents as it may desire), to the extent they are in the conveying Party's possession or under such Party's control (collectively, and with respect to each Property, the "Property Documents"): (i) copies of all leases covering such Property; (ii) all service, labor and maintenance contracts affecting the Property (to the extent in Seller's possession or control); (iii) copies of the most recent property tax bill for the Property; Renton_WA_Longacres_Exchange_Agreement (City Edit) 201103171 (2).docx Page 2 of 8 V..o (iv) all engineering and soils studies and reports (to the extent in the owner's possession or control); (v) expense statements relative to the Property for the most recent complete calendar year(to the extent in the owner's possession or control); (vi) all specifications and plans in the owner's possession or control (including as-built plans if available); (vii) all documents in the owner's possession that are material to the environmental condition of the Property other than the ASR, as defined below (the "Environmental Documents"); (viii) the binding site plan and approved master plan for the Property; (ix) all other material documents in the owner's possession and control concerning the Property that are not legally privileged. No Party makes any representations or warranties concerning the sufficiency or accuracy of the Property Documents it provides and shall not be liable to the other Parties in any way whatsoever for any insufficiency or inaccuracy of the Property Documents it provides. Each Party shall be solely responsible for determining the sufficiency and accuracy of the Property Documents that such Party receives. 4.1. ASR. Boeing's Environmental Health and Safety ("EHS") organization has or may have conducted a review of the factual information contained in the Environmental Documents related to the LPI Property. The results of that review are included in a document called the Assessment Summary Review ("ASR"). The ASR contains among other things the EHS evaluation of the information contained in the Environmental Documents for the LPI Property, the EHS recommended procedure for dealing with any on-site contamination disclosed by the Environmental Documents, and the strategy proposed by EHS internally for disposition of the LPI Property. Boeing and LPI hereby disclose to the City the existence of the ASR and the foregoing general description of the content of the ASR. However, the ASR is not part of the Property Documents and will not be disclosed or delivered to the City. City agrees that it will evaluate the LPI Property as provided in this Section 4 without access to and without reliance upon the ASR. 4.2 Right of Entry. Each Party and its respective agents, consultants, contractors and subcontractors ("Contractors") shall have the right to enter upon the Property of the other Party to conduct or make any and all inspections and tests as may be necessary or desirable, subject to the rights of any tenants or occupants of the Property and the limitations set forth below in this Section 4.2. The scope of any environmental analysis by or for the acquiring Party that requires physical sampling in excess of a Phase I environmental assessment of all or any part of the Property to be acquired shall be subject to (a) the prior approval of the owner, which said owner may withhold or condition in its sole discretion, and (b) the requirement that the Party conducting such investigation dispose of all such test samples in accordance with applicable law and at no cost or liability to the owner. Nothing herein shall authorize any subsurface testing or drilling Kenton WA Longacres Exchange Agree ment_(City Edit) 201103171 (2).docx Page 3 of 8 w VMe (including any testing or drilling for purposes of any geotechnical studies) on the Property by the inspecting Party or any of its Contractors unless specifically approved by the owner in writing, which the owner may condition or deny in its sole discretion. Each Party shall keep the Property of the other Party free and clear of any mechanics' liens or materialmen's liens related to the right of inspection and the activities contemplated in this Section 4. 4.3 Indemnity. Each Party (the "indemnifying Party") shall indemnify, defend, and hold harmless the other Party or Parties (the "indemnified Party"), and their respective officials, officers, directors, employees, agents, consultants, contractors, attorneys, successors and assigns (the "Indemnitees") from and against all actions, causes of action, liabilities, claims, suits, penalties, fines,judgments, liens, awards, and damages of any kind whatsoever ("Claims"), for injury to or death of any person (including claims brought by employees or invitees of the indemnifying Party or employees or Contractors or other invitees of such Party) or damage to or loss of any property or clean up of any discharge or release by the indemnifying Party or any Contractor of such indemnifying Party, and expenses, costs of litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to the indemnifying Party's due diligence or the presence on the Property of another Party, or the presence thereon of any Contractor, or their respective employees or invitees. The foregoing agreement to indemnify, defend, and hold harmless does not apply to any Claims to the extent they arise out the negligence or willful misconduct of the indemnified Party or the Indemnitees related to such indemnified Party. 4.3.1 Each indemnifying Party expressly waives any immunity under industrial insurance whether arising from any statute or other source, to the extent of the indemnity set forth in this Section. In the event that the indemnifying Party is successful in proving that the foregoing indemnity is limited by applicable law, the indemnifying Party shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by applicable law. In no event shall the indemnifying Party's obligations hereunder be limited to the extent of any insurance available to or provided by indemnifying Party. Each Contractor who is to have access to the Property shall provide an indemnity, enforceable by and for the benefit of the owner of such Property and related Indemnitees, to the same extent required of the indemnifying Party. 4.3.2 Each Party's indemnification obligations set forth in this Section 4 shall survive the conveyance of such Party's Property and shall not be merged with the deed for such Property, and shall survive the termination of this Agreement, and shall not be limited by any provision of this Agreement. 4.4 Rejection or Acceptance of the Property. If each Party determines on or before the Contingency Date that the other Party's Property is acceptable in all respects, that Party shall deliver to the other Party notice of such determination in writing on or before the end of the Contingency Period (an "Acceptance Certificate"). If both Parties have delivered an Acceptance Certificate, this transaction shall proceed to close. Otherwise, the transaction provided for in this Agreement will be canceled. Renton WA_Longacres Exchange_Agreement_(City Edit) 201103171 (2).dOcx Page 4 of 8 4.5 Copies of Tests, Reports, Analyses, Etc. Each Party shall deliver to the other Party a copy of all tests, reports, analyses and the like, excluding financial analyses, obtained or prepared by or for such Party pursuant to the provisions of this Section 4 (whether or not this transaction closes). Each Party shall keep confidential to the extent permitted by applicable law the results of all such inspections, studies, investigations, analyses, reports and the like, except as required by law. 5. AS IS. 5.1 "AS IS" Purchase — Generally. Each Party acknowledges that it is a sophisticated purchaser who is familiar with commercial real estate. Each Party acquiring title to Property agrees as follows with respect to the Property it is acquiring: (a) the transfer of the Property such Party is to receive is made without warranties, representations, or guarantees by the other Party of any kind or nature, express or implied, except for the warranties set out in the Deed; (b) the Property is acquired by "AS 1S," "WHERE IS," "WITH ALL FAULTS," including all legal matters now or hereafter affecting such Property, all environmental matters and conditions, and all other material facts or issues now or hereafter existing or arising, known or unknown; (c) all reports, studies, analyses, maps, drawings, materials and other documents provided by the transferring Party to the receiving Party are provided only as an accommodation to the receiving Party with no representation or warranty by the transferring Party as to their completeness, reliability, sufficiency, or accuracy and not with the intent that these documents be relied upon by the receiving Party, except to the extent that the receiving Party has independently confirmed the validity, reliability, and sufficiency of those documents and the information contained in them; and (d) The receiving Party's decision to acquire the Property that will be transferred to such Party is based solely on the investigation, study, and analyses of all aspects of such Property as made by the acquiring Party and its agents, employees, representatives, attorneys, advisors, and independent contractors. For purposes of this Section 5, inconsistencies between or within any of the materials referred to will not be deemed an inaccuracy in the items delivered. Except as otherwise specifically provided in this Agreement, it is expressly understood and agreed by the Parties that all statements and representations made by a Party or its agents and independent contractors (i) are intended by the Parties to be made only as an accommodation to the receiving Party and its investigation and are not in lieu of the receiving Party's investigation and (ii) are not to be relied on or acted on by the receiving Party. Renton WA Longacres_Exchange_Agreement_(City Edit) 201103171 (2).docx Page 5 of 8 5.2 "AS IS" Purchase—Regulatory and Environmental Matters. Without limiting the generality of Section 5.1, neither Party makes any representations or warranties, express or implied, with respect to the physical condition or the environmental condition of the Property to be conveyed by such Party, including (e) compliance or non-compliance of the Property with any applicable federal, state, or local planning, building, fire, seismic, environmental, health, safety, zoning, or any other statutes, law, ordinances, directives, orders, decrees, or regulations; (f) the presence, discharge, treatment, recycling, storage, use, transportation, generation, disposal, migration or release on, in, under, or from the Property (including any improvement, equipment, or structure on the Property or any groundwater or soils under the Property) of any asbestos containing material or any hazardous, dangerous, or toxic waste, substance, or constituent as defined in or regulated by any federal, state, or local law, ordinance or regulation "Hazardous Substance") except to the extent that the presence of such Hazardous Substance was known to the Party conveying such Property and was not disclosed to the receiving Party. A matter shall be deemed to have been disclosed to a Party if the existence of such matter was referred to in any of the written materials made available to that Party during the Contingency Period, whether or not that Party actually had knowledge of such matter. Any information, reports, statements, documents, or records provided to a Party or its consultants by the other Party or its agents, employees or contractors concerning the environmental condition of the Property being conveyed shall not be representations or warranties and the receiving Party shall not rely on them. Rather, the receiving Party shall rely on its own and its consultants" inspections of the Property to be conveyed to it and shall treat any information, reports, statements, documents or records provided by other Party as having been made for the convenience of the receiving Party to facilitate the environmental assessment process. 6. Certain Matters Related to Title. 6.1 Covenants, Conditions, and Restrictions. The property to be conveyed to the City will be subject to all exceptions to title of record, including without limitation the Declaration of Covenants, Conditions, and Restrictions recorded in King County, Washington under recording no. 20070921001175, and the property owners association agreement applicable to that portion of Longacres Park. 6.2 Easement for Access. The conveyance of the parcel shown as the "Naches Avenue Cul-de-Sac Access" across "fax Parcel 088670-0300 shall be subject to reservation by LPI of a perpetual non-exclusive easement that will permit the permanent access to said 'fax Parcel by LPI, Boeing and their successors and assigns. Renton WA Longacres Exchange Agreement (City Edit) 201103171 (2).docx Nage 6 of 8 6.3 Maintenance Obligation. The conveyance of the parcel shown as the "Naches Avenue Cul-de-Sac Access" across Tax Parcel 088670-0300 shall be subject to a covenant requiring the City to be responsible to keep such parcel and the roadway located on it in a clean, presentable condition and shall prohibit the City from delegating this obligation to any third party. 7. Miscellaneous. 7.1 This Agreement will be effective immediately upon execution and delivery by all of the parties. 7.2 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 7.3 This Agreement shall be governed by the law of the State of Washington, without reference to its choice of law rules. 7.4 This Agreement supersedes any prior agreements, negotiations and communications, oral or written, with respect to this subject matter and contains the entire agreement between, and the final expression of, the City, LPI, and Boeing with respect to the subject matter of this Agreement. No subsequent agreement, representation, or promise made by any party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. THE BOEING COMPANY, CITY OF RENTON, a Washington a Delaware corporation municipal corporation By: 3 By: Title: Plfza?.M,<� XIWA4 I Title: Gv,1mi4,.s AG{�'vt��iS}►'a'f�'i A APPROVED AS TO FORM By: Renton WA Longacres_Etchange_Agreement_(City Edit) 201103171 (2).docx Page 7 of 8 Exhibit C BOUNDARY LINF ADJUSTMENT L 1,27, sr.R rev I H TTAt-, SS 4 -,F KllhG —4 U 7X. Renton—WA- LongacresExchange Agree ment(C ity Edit) 201103171 (2).docx Page 8 of 8 LICENSE AGREEMENT (Temporary Access) THIS LICENSE AGREEMENT ("License"). is entered into as of March , 2011. by and between THE BOEING COMPANY, a Delaware corporation ("Licensor"), and CITY OF RENTON, a Washington municipal corporation ("Licensee"). For and in consideration of the mutual benefits to be derived and other valuable consideration the sufficiency of which is hereby acknowledged, the parties hereby agree as follows. 1. THE LICENSE Licensor does hereby grant to Licensee a non-exclusive license to use, subject to the terms and conditions of this License, portions of real property described in "Exhibit A" attached hereto. Said real property is leased by the Licensor under that certain Lease Agreement, dated June 1, 1997, between Longacres Park, Inc., a Washington corporation ("Owner") and Licensor. The areas to be used by Licensee (the "Licensed Property"), are delineated on "Exhibit B" attached hereto. Licensee shall use the Licensed Property solely for the purposes described in Section 2 of this License. This License does not constitute an interest in real property, and Licensor shall not be deemed to have granted, conveyed, or transferred an interest in the Property to Licensee by reason of the execution and delivery of this License or the performance by either party of its obligations under this License. Licensee hereby accepts this License and agrees that Licensee's use of the Licensed Property shall conform to the terms and conditions of this License. The license granted by this License is personal to Licensee and may not be assigned or sublicensed by Licensee in any way. Licensee shall not grant permission to any other person (legal or natural) to use the Licensed Property, PROVIDED HOWEVER, THAT Licensee may authorize BNSF Railway to use in common with Licensee that portion of the Licensed Property delineated as the "Naches Avenue Cul-de-Sac Access"across Tax Parcel 0886700-0300 as shown on Exhibit B. 2. USE Licensee shall use the Licensed Property solely for construction access to public street improvements with necessary temporary appurtenances, including placement of public and private utilities,within the adjoining public right of way and installation of an embankment, track ballast and tracks relating to the Licensee's project, and transport of materials. Licensee's use of the Licensed Property hereunder is subject to the following limitations: (a) Licensee shall use the Licensed Property in common with Licensor and all other licensees, contractors and tenants of Licensor. Temporary Accu,. License to City(Final) Pagc I of 15 ..e (b) Licensee shall exercise all reasonable efforts to assure any activities on the Licensed Property pursuant to this License shall not result in any damage or injury to the Licensed Property. Licensee shall be responsible for any damage arising from the activity of Licensee on the Licensed Property in the exercise of the rights of Licensee hereunder, and shall repair such damage or, in lieu thereof if mutually agreed by Licensor and Licensee, make a cash settlement therefor. (c) Licensee shall not make any permanent improvements or alterations to the Licensed Property. Licensee shall hold Licensor and the Licensed Property harmless from and against any liens of contractors. subcontractors, or other persons supplying goods, services, equipment, materials, or labor to or on behalf of Licensee at the Licensed Property. At the request of Licensor, Licensee shall discharge any such liens. (d) In its use of the Licensed Property, the Licensee shall not violate any applicable law, ordinance, deed, restriction or regulation affecting the Licensed Property or any part thereof. Licensee is solely responsible for obtaining all necessary permits, licenses, and approvals required from any governmental authority or agency and shall conduct its operations at the Licensed Property strictly in conformance with all requirements of any applicable permits, licenses, and approvals. (e) Licensee has been advised by Licensor that the following activities are among those prohibited on Licensor's property, including the Licensed Property: use of tobacco products of any kind; possession and,/or use of photographic or videographic equipment unless specifically authorized by Licensor as evidenced by the issuance by Licensor of a camera permit; possession and/or consumption of alcoholic beverages; possession and/or use of firearms or explosives; possession and/or use of controlled substances and related paraphernalia. Licensee shall take such steps to advise its employees, invitees, and/or visitors who use or enter the Licensed Property of these prohibitions, shall take such steps as Licensee believes are necessary to enforce such prohibitions, and shall take such additional steps to enforce such prohibitions as Licensor shall reasonably request from time to time. (f) Licensee may erect signs or barricades on the Licensed Property only with the prior written consent of Licensor, which Licensor may withhold in its sole discretion. Any signs or barricades allowed by Licensor shall be removed by Licensee at the termination of this License. (g) Licensor consents to the construction of temporary haul roads comprised of quarry spalls and gravel, as may be required by Licensee during the Term provided below, PROVIDED THAT all such material shall be clean and free of Hazardous Substances and shall comply with applicable laws and code. The Licensor shall determine if these roads Temporary Access License to City(Final) Paec 2 of 15 will be removed and restored in as good condition as they were immediately before the Licensee entered the Licensed Property. once the roads are no longer needed by the Licensee. (h) Licensee shall be responsible for providing adequate safeguards. safety. devices, protective equipment and any other needed actions to protect the life, health and safety of Boeing personnel, and to protect property in connection with the performance of Contractor's work. Licensee shall provide personnel and equipment as needed to ensure safe movement of traffic and pedestrians near Longacres Way (the Boeing gate). (i) Licensee shall comply with all local air pollution authorities and air- quality regulations of the Washington State Department of Fcology. Contractor shall comply with noise regulations per the City of Renton Municipality Code. (j) Excess material not used by Licensee will be stockpiled in an area mutually agreed upon by the Parties, to be used by Licensor at its sole discretion, PROVIDED THAT all such excess material shall be removed by the Licensee at the end of the Term if requested by Licensor, such request to be made no later than sixty (60) days following the end of the Term. 3. LIMITATION ON USE OF CERTAIN ROADWAYS; RIGHT TO CHANGE CERTAIN ROUTES The north-south roadway lying between SW 16`x' Street and SW Longacres Way and the east-west portion of Longacres Way, both as shown on Exhibit B as the "Restricted Use Area", are subject to the further restrictions set out in this Section 3. (1) Licensee shall not operate and shall not allow the operation by its employees, invitees, or contractors of any vehicles other than passenger vehicles on the Restricted Use Area. Without limiting the generality of the foregoing, no delivery vehicles and no construction vehicles shall operate on the Restricted Use Area. (2) Licensee acknowledges that access to the Restricted Use Area is controlled by Licensor's Security organization and that such access may be limited to the hours between S'-IvilkM-�S'.'UArnind -3,.W Pm - -7:oy?M Monday through Friday. Oif Lice or anticipates that Licensee's use of the Licensed Property will interfere with Licensor's planned use or development of the Licensed Property, Licensor shall provide written notice to Licensee. Licensor and Licensee shall then cooperate to use reasonable good faith efforts to identify substitute routing for Licensee's access and such substitute routes shall then and thereafter become the "Licensed Property" for purposes of this License, provided that the "Naches Avenue Cul-de-Sac Access" crossing Parcel 0886700-0300 as shown on Exhibit B shall not be re-routed and Licensee shall be entitled to use that area pursuant to this License through the Term. Temporary Access License to City(Final) Page 3 of 15 4. TERM This License shall commence on June I, 2011 ("Commencement Date") and shall continue to December 31, 2013 (unless sooner terminated pursuant to this License). The date on which this License shall terminate is refetTed to here as the`Termination Date" and the period of time commencing on the Commencement Date and ending on the Termination Date is referred to here as the "Term". Either Party may terminate the Term of this License bygiving= notice of such termination to the other Party at least three (3) months prior to the date of termination specified in such notice. �. LICENSE FEE The License is granted without charge. 6. SERVICES AND UTILITIES There are no services or utilities at the Licensed Property and Licensor shall have no responsibility to provide any services or utilities to the Licensed Property. Licensee is responsible, at its sole risk and expense. to supply all services in connection with Licensee's use of the Licensed Property. Licensee shall pay when due all charges for utilities and other services provided to or on behalf of Licensee at the Licensed Property. 7. CONDITION; "AS IS"; DISCLAIMER 7.1 Warranty. Licensor warrants that it is the owner or lessee of the Licensed Property and that Licensor has the power and right to grant the License hereunder to Licensee. 7.2 DISCLAIMER AND RELEASE. EXCEPT FOR THE WARRANTY IN PARAGRAPH 7.1, THE LICENSED PROPERTY, AND ALL OTHER GOODS OR SERVICES PROVIDED OR TO BE PROVIDED IN CONNECTION WITH THIS CONTRACT ARE BEING PROVIDED TO THE LICENSEE "AS IS, WHERE IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LICENSOR AND ANY LICENSOR PARTY AND THE REMEDIES OF THE LICENSEE SET FORTH IN THIS CONTRACT ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF LICENSOR AND ANY LICENSOR PARTY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE LICENSEE AGAINST LICENSOR OR ANY LICENSOR PARTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE LICENSED PROPERTY, ANY SEINICES, OR ANY OTHER ITEM PROVIDED UNDER THIS CONTRACT, INCLUDING BUT NOT LIMITED TO: Temporary access License to City(Final) Page 4 of 1 �r `..✓ 7.2.1 ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; 7.2.2 ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; 7.2.3 ANY OBLIGATION, LIABILITY, RiGHT, CLAIM OR REMEDY iN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY PARTY (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND 7.2.4 ANY OBLIGATION, LIABILITY, RIGHT, CLAiM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. NEITHER LICENSOR NOR ANY LICENSOR PARTY SHALL HAVE ANY OBLIGATION OR LIABILITY TO LICENSEE, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT(INCLUDING ACTIVE_., PASSIVE OR IMPUTED NEGLIGENCE) OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. 7.3 Waiver of Claims for Damage to Licensee's PropertX. Without limiting the generality of any other provision of this Article 6, Licensee does hereby release Licensor and any Licensor Party from, and waive, Licensee's entire claim of recovery for loss of or damage to property arising out of or incident to fire, lightning or any other perils normally included in an "all risk"property insurance policy when such property is located on the Licensed Property, or the Longacres Park site, whether or not such loss or damage is due to the negligence of Licensor, any Licensor Party, or their respective agents, employees, guests, licensees, invitees or contractors. 7.4 Waiver of Subrogation. Licensee shall cause its insurance carriers to waive all rights of subrogation against Licensor to the extent of Licensee's undertakings set out in this Article 6. 7.5 Definition. "Licensor Party" means The Boeing Company, a Delaware corporation, the Owner, any entity owned or controlled by The Boeing Company, and any director, officer, employee, agent, contractor, or invitee of any of the foregoing (other than Licensee, its directors, officers, employees, agents, contractors, and invitees) and their successors and assigns. 8. MAINTENANCE Licensee, at Licensee's sole cost and expense, shall be responsible throughout the Term for preventing damage to the Licensed Property as a result of the use of the Licensed Temporary Access License to City(Final) Page i of 15 Property by Licensee. Without limiting the foregoing, Licensee shall provide all necessary repairs and maintenance for the "Niches Avenue Cul-de-Sac Access"crossing Parcel 0886700-0300 as shown on Exhibit B, such maintenance to include without limitation removal of trash, refuse, and debris (whether or not created by Licensee). Licensee is not authorized to delegate its responsibility under this Section 8 to any third parry. 9. LiCENSOR'S ACCESS Licensor and Owner shall have the continuing right of access to the Licensed Property PROVIDED that Licensor shall not unreasonably interfere with Licensee's use of the property, so long as Licensee is not in default hereunder. 10. CONDITION AT SURRENDER At the termination of the Term of this License. Licensee shall surrender the Licensed Property to Licensor in the same condition as at the Commencement Date, including replacing all underground utilities, excepting normal wear and tear, casualty, condemnation, and alterations permitted by Licensor, and damage caused by other tenants or licensees of Licensor. 11 . INDEMNIFICATION AND INSURANCE (a) indemnity. Licensee will indemnify, defend, and hold harnless, Licensor, and every Licensor Party(as defined in Section 7.5) (hereinafter"indemnitees") from and against all actions, causes of action, liabilities, claims, suits,penalties, tines,judgments, liens, awards and damages of any kind whatsoever(hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought by employees or invitees of Licensee or employees or invitees of any Contractor of Licensee (hereinafter"Contractor")) or damage to or loss of any property or clean up of any discharge or release by Licensee or any Contractor, and expenses, costs of litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this License or the presence on the Licensed Property by Licensee, any Contractor or their respective employees or- invitees. Licensee expressly waives any immunity under- industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source,to the extent of the indemnity set forth in this paragraph. in the event that Licensee is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, Licensee shall defend, indemnify and hold harniless the indemnitees to the full extent allowed by RCW 4.24.115. in no event shall Licensee's obligations hereunder be limited to the extent of any insurance available to or provided by Licensee. Licensee shall require each Contractor who desires access to the Licensed Property to provide an indemnity, enforceable by and for the benefit of the indemnitees, to the same extent required of the Licensee. 1-emporary Access License to City(Final) Page 6 of 15 (b) Insurance Policies. Licensee shall, at its own cost and expense, carry and maintain, and shall ensure that any Contractor carries and maintains during the Term of this License, Commercial General Liability Insurance with available limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage combined, One Million Dollars ($1,000,000) general aggregate. Such insurance shal I be in a form and with insurers acceptable to Licensor and shall contain coverage for all premises and operations, broad form property damage and contractual liability(including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this paragraph shall: (1) be endorsed to name The Boeing Company, Owner and their respective subsidiaries, directors. officers. employees, agents, attorneys and assigns" as additional insureds (hereinafter "Additional Insured") with respect to any liability arising out of Licensee's presence on the Licensed Property; (2) be endorsed to be primary to any insurance maintained by The Boeing Company and the Owner: (3) contain a severability of interest provision in favor of the Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional Insured. A certificate evidencing such insurance coverage shall be delivered to Licensor not less than fifteen (15) days prior to the commencement of the Term. Such certificate of insurance will provide for fifteen (15) days advance notice in the event of cancellation. Licensee shall carry and maintain, and shall ensure that any Contractor who uses licensed vehicles in connection with this License carries and maintains, Automobile Liability insurance covering all vehicles, whether owned, hired, rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage. Licensee shall cover or maintain, and shall ensure that any Contractor covers or maintains, insurance in accordance with the applicable laws relating to workers' compensation,with respect to all of their respective employees working on or about the Licensed Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law. (c) Proof of Contractor Coverage. Licensee shall ensure that no Contractor shall access the Licensed Property unless such Contractor shall have provided a certificate of insurance to Licensor reflecting full compliance with the requirements set forth in this Section 10. Such certificate shall list the Boeing Company as certificate holder and shall be kept current and "temporary Access License to City(Final) Pale 7 of 15 *4WI in compliance throughout the Term and shall provide for thirty(30) days advance written notice to Licensor in the event of cancellation. 12. WAIVER OF GOVERNMENTAL IMMUNITY. Licensee hereby waives any governmental immunity it may otherwise have with respect to any claims, liabilities, or obligations pursuant to or arising out of this License. 13. ENVIRONMENTAL MATTERS (a) Compliance with Laws and Requirements. Except as otherwise agreed by Licensor in writing. Licensee shall be solely responsible at its expense for obtaining any permits, licenses or approvals, and for preparing, maintaining and submitting any records or reports, as required under applicable Environmental Laws and Requirements for its operations hereunder. Licensee shall comply with any and all Environmental Laws and Requirements and shall not cause, permit or allow the presence of and shall not generate, transport, release, store, or deposit any Hazardous Substances on or about the Licensed Property in violation of any Environmental Laws and Requirements, or in a manner which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor, or any other person. Licensee shall not release any Hazardous Substances into the soil, water(including groundwater) or air of the Licensed Property or onto any other adjoining property in violation of Environmental Laws and Requirements, or in a manner which may give rise to liability for environmental cleanup,damage to property, or personal injury to Licensor or any other person. In the event of a spill or other release of Hazardous Substances caused by Licensee, its agents, employees, contractors or invitees at or from the Licensed Property, Licensee shall undertake immediate response as required by law, including but not limited to reporting to appropriate agencies, and shall notify Licensor of same as soon as possible. (b) Definitions. As used herein, the term "Hazardous Substances"means any hazardous, toxic, or dangerous substance, chemical, pollutant, contaminant, waste or material, including petroleum, which is regulated under any and all federal, state, or local statute, ordinance, rule, regulation, or common law relating to chemical management, environmental protection, contamination, or cleanup including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6901 et seq.) of- any rany other federal, state, county, or city law, or any other ordinance or regulation existing or which may exist. As used herein the term "Environmental Laws and Requirements" means any and all federal, state, local laws, statutes (including without limitation Temporary Access License to C'itN (Final) Page 8 of 15 ar./ the statutes referred to in the first paragraph of this Paragraph 13 (b) above), ordinances, rules, regulations and/or common law relating to environmental protection, contamination, the release, generation, production, transport, treatment, processing, use, disposal, or storage of Hazardous Substances, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirements, obligations, directives, notices, approvals, licenses, or permits, including but not limited to those for the reporting, investigation, cleaning, or remediation of Hazardous Substances on the Licensed Property. (c) Remediation. Should Licensee fail to perform any of its obligations pursuant to this License or to any and all Environmental Laws and Requirements, Licensee shall at its own expense promptly remedy such noncompliance. Licensee shall at its own expense remove or remediate any unsafe condition that Licensee has caused to occur and clean up or remediate any Hazardous Substance which Licensee has caused to be released at or fi-om the Licensed Property. Should Licensee fail so to do, Licensor shall have the right, but not the duty, to enter the Licensed Property personally or through its agents, consultants, or contractors to perform the same. Further. Licensee shall hold Licensor harmless from any losses, including claims of third patties, resulting from any noncompliance with Environmental Laws and Requirements, or from any unsafe condition or release of Hazardous Substances caused by Licensee. (d) Documentation and Right to Inspect. Licensee shall provide copies to Licensor of any reports regarding its operations at the Licensed Property which are submitted to governmental agencies pursuant to any Environmental Laws and Requirements. Licensee shall also make available to Licensor upon request all permits and approvals, and all records maintained by Licensee pursuant to any Environmental Laws and Requirements. During the Term of this License, Licensor and Owner and/or their respective agents or employees shall have the right but not the obligation to periodically inspect the Licensed Property at reasonable times to confirm that Licensee is in compliance with the terms of this License, including compliance with any and all Environmental Laws and Requirements. Further, if Licensor at any time should have any cause to believe that any Hazardous Substances are or at any time during the term of this License have been released at or from the Licensed Property without strict compliance with all Environmental Laws and Requirements or in a manner which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor or any other person, Licensor and/or Owner shall have the right at their own discretion, but not the duty, to enter, at any reasonable time, and conduct an inspection of the Licensed Property including invasive tests to determine whether, and the extent to which, Hazardous Substances have been released. Licensee hereby grants to Licensor and Owner, and their respective employees, Temporary Access License to City(Final) Page 9 of 15 agents, employees, consultants, and contractors the right to enter the Licensed Property upon reasonable notice to Licensee and to perform such tests on the Licensed Property as are reasonably necessary in the opinion of Licensor to conduct such investigations. Licensor may retain any independent qualified professional consultant to enter the Licensed Property to conduct such inspections. Such consultant's reasonable fee shall be payable by Licensee if such consultant determines that Licensee's activities constitute a material violation of Environmental Laws and Requi►-ements or have resulted in the release of Hazardous Substances into the environment which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor or any other person; otherwise such fee shall be payable by Licensor. (e) Indemnification. Licensee shall indemnify, hold harmless, and defend Licensor, Owner, and their respective directors, officers. employees, agents, assigns, and attorneys from any and all claims, losses, damages, response costs, and expenses arising out of or in any way relating to the violation of any Environmental Laws and Requirements, or to the generation, release, storage, deposit or disposal of Hazardous Substances. to the extent caused by Licensee, its agents, employees, contractors and invitees at any time during the tern of this License, including but not limited to: (1) claims of third parties, including governmental agencies. for damages(including personal injury and/or property damage), response costs, tines,penalties, injunctive or other relief, (2) the cost, expense. or loss to Licensor or Owner of any injunctive relief, including preliminary or temporary injunctive relief, applicable to the Licensor, Owner,or the Licensed Property and (3) the expense of reporting the existence of Hazardous Substances to any agency of any state government or the United States as required by applicable laws or regulations, before and after any trial or appeal therefrom whether or not taxable as costs; all of which shall be paid by Licensee when accrued. 14. DEFAULT OF LICENSEE The following shall constitute events of default by Licensee: (a) Licensee's failure to maintain in force or pay the premium for any policy of insurance required to be obtained or maintained by Licensee pursuant to this License-, or (b) Any default by Licensee of its obligations under Section 2 (Use)or Section 13 (Environmental Matters); or (c) Licensee's failure to observe and perform any other provision, tern or condition in this License within thirty (30) days after Licensor delivers written notice of the failure to Licensee, or if the cure cannot reasonably be concluded within thirty (30) days, then if Licensee fails to commence Temporary Access License to City(Final) Pane 10 of 15 *00V NWO to cure the failure within such thirty (30) day period and thereafter proceed diligently to complete the cure. 15. REMEDIES OF LICENSOR (a) Termination and Removal by Licensor. In the event of a Licensee default, Licensor or Owner may in addition to all other legal or equitable remedies; (1) tenninate this License and Licensee's right to possession of the Licensed Property by delivering written notice of termination to Licensee, and that action shall concurrently terminate the rights of Licensee under this License, or(2) with or without terminating this License, re-enter the Licensed Property by summary proceedings, proceedings in unlawful detainer, eviction, or otherwise, and may dispossess Licensee. (b) Payment of Costs. Licensee agrees to be liable for and to pay Licensor and/or Owner all costs incurred by Licensor in connection with the enforcement of Licensor's or Owner's rights hereunder, including the reasonable fees and disbursements of Licensor's and/or Owner's attorneys. Such liability shall survive the termination of this License, the re-entry into the Licensed Property by Licensor, and the commencement of the action to secure possession of the Licensed Property. All amounts not paid to Licensor when due shall bear interest at the annual rate of twelve percent(12°/,) or, if less, the maximum rate permitted by law. 16. ENFORCEMENT (a) Nonwaiver. No failure by either party to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any nght or remedy consequent upon a breach thereof, and no acceptance of full or partial rent by Licensor during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or condition hereof to be performed or complied with by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the parties. No waiver of any breach shall affect or alter this License, but each and every agreement, term, covenant and condition hereof shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. (b) Remedies Cumulative. Each right and remedy provided for in this License shall be cumulative and shall be in addition to every other right or remedy provided for in this License or now or hereafter existing at law or in equity or by statute or othe►tivise, and the exercise or beginning of the exercise by either party of any one or more of the rights or remedies provided for in this License or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous o►- later exercise by such Temporary Access License to City(Final) Page I I of I i party of any or all other rights or remedies provided for in this License or now or hereafter existing at law or in equity or by statute or otherwise. 17. MISCELLANEOUS (a) Successors and Assigns. Subject to the provisions of this Paragraph 17, all of the provisions of this License shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns, but Licensee shall not assign this License nor grant any right of possession of the Licensed Property in whole or in part without the prior written consent of Licensor and Landlord, which Licensor and Owner may withhold in their sole discretion. (b) Survival. Each and all of the provisions and obligations set forth in Paragraph 11, (Indemnification and Insurance) and Paragraph 13, (Environmental Matters). shall survive the ter7»ination of this License Agreement. (c) Notices. Where provision is made herein for notice of any kind, it shall be deemed sufficient, if such notice is addressed as shown below: Licensor: The Boeing Company P.O. Box 3707, M/C 1 1-XT Seattle, WA 98124-2207 Attn: Mr. Jeffrey Adelson Or Real Estate Counsel Phone: 206-650-5960 Alt, Work Phone: 425-373-2105 Fax: 425-294-8875 Email: icffrcv.r.adcIson�u bociill g.conr With a copy to: The Boeing Company PO Box 3707, M/C 20-21 Seattle, WA 98124-2207 Attn: Mr. Darrel DeNune Phone: 206-662-8616 Fax: 206-662-7873 Email: d<irnc .Leena e,(,, h tcin"i.c0m Temporary Access License to City(Final) Pagc 12 of 15 �w.r+ Licensee: City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98057 Attn.: Gregg Zimmerman, Public Works Administrator Phone: 425 430-7311 Email: gziinmernan(aci.renton.wa.LIS All such notices shall be given either by hand or by recognized overnight delivery service, with all fees for next business day delivery prepaid. Notices shall be deemed given when delivered if given by hand or 24 hours after delivery to an overnight delivery service with next business day delivery charges prepaid. (d) Severability. If a court of competent jurisdiction shall determine, to any extent, that any provision, term or condition of this License shall be invalid or unenforceable, that determination shall not affect the remainder of this License, and each provision, term or condition in the remainder of this License shall be valid and enforceable to the extent permitted by law. (e) Licensee's Interest; Holdover. Licensee has no right in the Licensed Property other than the license to use the Licensed Property as set out in this License. Licensee has no right to hold over after the end of the Term and agrees that Licensor may use all legal means including self-help, to remove Licensee and its property and all of Licensee's vehicles from the Licensed Property at and following the end of the Term, and that Licensee shall reimburse Licensor for all of Licensor's and/or Owner's reasonable out-of-pocket expenses in so doing. M Attorneys' Fees and Disbursements.Except for actions by Licensor pursuant to Paragraph 15 of this License upon a default by Licensee, if a dispute between Licensor and Licensee arises under this License, each party shall bear its own costs, including but not limited to attorneys' fees. (g) Captions. The marginal headings or titlestothe sections of this License are not a part of the License but are inserted only for convenience. They shall have no effect on the construction or interpretation of any part of this License. Temporary Access Licensc to City(Final) Page 13 of-is w.✓ (h) Time is of the Essence. Time is of the essence in the performance of all covenants and conditions of this License in which time is a factor. (i) Counterparts. This License may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original License, but all of which together shall constitute one and the same License. (j) Choice of Law. This License shall be governed by the Laws of the State of Washington without reference to its choice of law rules. (k) Agents and Brokers. Each party represents that it has hired or retained no agent or broker in connection with this License and shall hold the other party harmless from any claim by any agent or broker claiming payment of any commission, tinders' fee or the like in connection with this License. (1) No Recording. Neither party shall record this License, nor any memorandum of this License. (m) Complete Agreement. This License, including Exhibit A and Exhibit B, contains the entire and complete agreement between the parties hereto, with all previous negotiations, warranties, covenants, conditions and promises being merged herein. Licensor and Licensee further agree that no alteration, amendment or modification to this License shall be binding upon Licensor or Licensee unless same is first reduced to writing and signed by both Licensor and Licensee. Executed in duplicate as of the date first written above. Temporary Access License to City(Final) Page 14 of 15 Nwe LICENSOR: LICENSEE: THE BOEING COMPANY, CITY OF RENTON, a Washington a Delaware corporation municipal corporation By: 13y: - ,�✓ Title: !d 6/L4�'TDje/ "I/PI Title: u b�l ASI w�YtiS�r � Date Signed: 3/�'z� L Date Signed: APPROVED AS TO FORM Temporary Access License to City(Final 1 Page 15 of 1 i EXHIBIT A King County Tax Parcel Nos. 088670-0300. 088670-0070. 088670-0090. 088670- 0270. 088670-0280. 088670-0100, 088670-0380. 088670-050. 088670-0150. 088670- 0160. 088670-0180, 088670-0190. 88670-0010, 886700-0020, 886700-0030. 886700- 0040 Temporary Access License to City(Final) `r/ LEGAL DESCRIPTION: TAX PARCEL NO:0886700300 KING COUNTY LOT 30 OF BOUNDARY LOT LINE REVISION NO. LUA 07-068-LLA, RECORDED SEPTEMBER 11, 2007 UNDER RECORDING NO. 20070911900008; TAX PARCEL NO:0886700070 KING COUNTY LOT 7 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-BSP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S)63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700090 KING COUNTY LOT 9 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700270 KING COUNTY LOT 27 OF BOUNDARY LOT LINE REVISION NO. LUA 07-068-LLA, RECORDED SEPTEMBER 11, 2007 UNDER RECORDING NO. 20070911900008; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700280 KING COUNTY LOT 28 OF BOUNDARY LOT LINE REVISION NO. LUA 07-068-LLA, RECORDED SEPTEMBER 11, 2007 UNDER RECORDING NO. 20070911900008; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700100 KING COUNTY LOT 10 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700380 KING COUNTY TRACT C OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700050 KING COUNTY LOT 5 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700150 KING COUNTY LOT 15 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO: 0886700160 KING COUNTY LOT 16 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700180 KING COUNTY LOT 18 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-BSP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON +,,✓ Now TAX PARCEL NO:0886700190 KING COUNTY LOT 19 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-BSP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700010 KING COUNTY LOT 1 OF BOEING LONGACRES PROPERTY, SECOND AMENDED BINDING SIDE PLAN NO. LUA-02-022- BSP, RECORDED MAY 4, 2005 IN VOLUME 228 OF PLATS AT PAGE(S) 22 THROUGH 28 UNDER RECORDING NO. 20050504000673; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700020 KING COUNTY LOT 2 OF BOEING LONGACRES PROPERTY, SECOND AMENDED BINDING SITE PLAN NO. LUA-02-022- BSP, RECORDED MAY 4, 2005 IN VOLUME 228 OF PLATS AT PAGE(S) 22 THROUGH 28 UNDER RECORDING NO. 20050504000673; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700030 KING COUNTY LOT 3 OF BOEING LONGACRES PROPERTY, SECOND AMENDED BINDING SITE PLAN NO. LUA-02-022- BSP, RECORDED MAY 4, 2005 IN VOLUME 228 OF PLATS AT PAGE(S) 22 THROUGH 28 UNDER RECORDING NO. 20050504000673; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700040 ; KING COUNTY LOT 4 OF BOEING LONGACRES PROPERTY, SECOND AMENDED BINDING SIDE PLAN NO. LUA-02-022- BSP, RECORDED MAY 4, 2005 IN VOLUME 228 OF PLATS AT PAGE(S) 22 THROUGH 28 UNDER RECORDING NO. 20050504000673; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON EXHIBIT B Right of Way Plan Temporan Access License to City(Final) NE 1/4,SEC 25,T 23 N, R 4 E,W.M. _ MATCH LINE(SEE SHEET RW-5) --�_ 3 I t019r00 1020+OD 1021+Op N2'06'20"E20"E 1022+00 �02J+00 T 7024+00 1025+Do T--r--"—-- 1026+00 1027400 1028+00 1029+Op STA BNSF 4T1 1019+18.97 � STA BNS"Mn 1022+74.17 R�REFERENCE UNE STA BNS M*1 -_- --_- -- O0_"E�\ olF77- 252.] 027+0.48 ' I 2. 06' 0JEI .__--__ ------ ___ "BNSF MT1"LIE 8699' S9 227.89' 6'2 i yL128+44.27 \I B L12 T. N oefi6700090 // / // // ✓ // / j//, / // / / / / / Y STA BNS Mn 1021+96.52 I//////////// / j/�:` 20962' THE BOEING COMPANY I >nl STA BNSF Mn 1019+66.49 t!/ /// // //�^// / //////// I8I yM1;J STA BNSF NT1 1020+05.57 TA S MTI 1022+ .36 2N'x 1 \\\\\ 10.00' 45.80' 25+17 10 ,10:. [ v _ o r m r 14 � \�fn 700280 """""•"� ^ AMEReCAN BANK O SMA BNS 4n 1027+65.72 >` lL j, 13 gi GCOMPANY I \\\\��\\",nI L_ I i ` v fill +I \ 111 71$BOEN 2985 NACHES AVE SW j 0888700.100 1 ffiOQ'RI._____ \ RENiOl,WA_ 20.00 THE BOEING COMPANY 1 I \\j �� 8 \I w \I Z TA BNS MII 10!9+95.2] —X,SECTION IJNL 121 x.17509'R I .,^nj/ THE BOCINC COMPANY T 1 STA\S 2!+65.64 STA BNSF M'1 1019+75.Oi1 401.01'RT i r STA BNSF Mfl 1025+74.18 I -- SMA BNS Mit 1020+15.51 STA BNS Mn 1022+85.64 1 S7A\S 22+09.03\ r 6-21W'39" .Ob_EL 1 4L3.24_RL.___.__...___ R-55.00•___� ` t ' T.0.27 �� _ __ SEA'S'-22�09.DJ L��.iti�i MB-5500 -- ____----- ------'---- 1l CH-20.20 R.55.00 -W CHBRG-S45U'15"W L=811 - 7q TIT IOIBiB9.B1 CT-4 6 i STA BNS M18 I CNBRC=S5934'JI"w ) 0888700710 I 0886700100 I I 7NE BOEING C04PARY M4 CfES AVE SW I 111E 805 G COMPANY / ----L--------- MATCH LINE SEE SHEET RW-12' tR 4 — --.. -- PROPOSED: -- --- __-- OWNERSHIP TABLE aow LINE— PROPERTY UNE ---- 1 __ FASEMENi LINE s..•- PARCEL MAA NAME i07µ R/W CONSTRUCO(MI ACCESS PERK ACCESS R/W' ---- 1/16$EC710N IiNE NO PARCEL AREA ACQ ESM'i E54'1 ESN'7 OED USAGE NOTES 5NSIRUC' ON EASEMEk1 6 12 2523049019 an OF REN70N 2,168,9?2 S 16,611 S 12,527 S 1,879 S TEMPORARY ACCESS,HAULING OF MATERIALS,STAGING.SHOOFLY CONS'RUCRON CO - 13 0886700.700 THE BOEING COMPANY 90,195 S 6.154 S PERMANENT ACCESS /// E MSP KATY ACCESS 14 0886700280 THE BOEING COMPANY 931%S J8 S I 870 SF C^ 4 TEMPORARY ACCESS,Hµl1NG ff MATERIALS.STAGING ® PERMANENT ACCF_SS EASEMENT R 15 0886700270 THE BOEING COMPANY 182.705 S 72737 S 19,172 S TEMP ACCESS,HAULING OF MATERIALS,STAGING,TEMP RELOCATION OF FIBER OPTC ,j+ 110886700090 THE 1.11 COMPANY 176,730 S 50,598 S 22114 S TEMP ACCESS,HAULING Qi MATERIALS,STAGING,TEMP RELOCATION Fl ON DCR OPTC !8 0896700100 THE BOEING COMPANY 206,164 S 72,637 S TEMPORARY AC CESS•HA UUNG O MATERULS e o 40 m KEY PLAN FEOAw:s1Pu�-,z]6(o01) ;\*ra �Ry HPP-1176(005) �D� '• ��.��_ LSM _ ins seowN CITY Of STRANBOULEVARD EXTENSION 3/1D/n e CALL 48 HOURS �/ •'-�'`' '— ' ww RENTON PHASE BEFORE YOU DIG 331utan^�erue5uM,6WM300 �' "'� ,.a' --�----- 1,SEGMENT 2A ___-__ _ __.__ rRn wTUM P„eA�wPn.o.Panm.^t RIGHT OF WAV PIANS 2 1-800-424-5555 rrae.el wm.w^M,I,ym 9e6o�:Ta "��.`�, A— d _ .__ PLAN-SHEET4 RW-8 (}06)4]1-}300 im.(106)931-}150 N0. RENSION 9Y 64TE -ROEe2Y.Naneor G.[. -Do4-- e u NE 1/4,SEC 25,T 23 N,R 4 E,W.M. _ _ MATCH LINE(SEE SHEET RW-6) 103M 00 �T 20'E 1071+00 ` 1032+00 —c 1077+00 ION+00 —r t035+00 N2'07'15'F 1036400 1037+00 1038+00 1039+00 10401 DO 1041+00 Q S LPI 1031+62.29 R/W REFERENCE INE_ 39 .STA BNSF MTI 7078+06.60 1 N7'06'70T R NT DT 15E 'ENT MTV LINE E50 1 227.89' 251.56 41267' 1528049022 2 �....___.. ... l♦♦ ♦CZ'C\1�T��-c ♦♦♦♦♦♦♦CCR\-c1 a-'�-e.+.�. f'l-l'r�t•�c��a-.tet-�.-.__._._. .0\-tact-ver-�......,._. _ ♦�♦�♦�♦♦�♦♦♦" "$ ♦ ♦ ♦ A BN NI I 13.7♦♦ /� 1N10� 15E " N7'07'IS'F. ` F \STA BNSF Nil 707"43.87 ♦ S " S7A 9R5F MTI'1078+2654 ♦ STA&MSF Mil IO38f30.261 - RT STA BNSF Mr 038+O7.S7 // $I X86700050 'j STA BN9 WTI'1030+87.11 j : ------- / THE BOEING COMPANY -� :: U - 00.00' __I ` 8 X105.00'Rl 17 I $ $: 19 25.00' I STA BNS NT7 1070+62A7 0886700090 I I 0886700070 STA BNSF WTI ,036+05,99 49226' _ I ♦♦♦`♦\♦`♦\♦`\♦ THE BOEING CpIPANY THE BOEING COUPANY 1170 W'R7 1 rr / %/jj / /7j jT/Tj TyYuBNSFWn 1036,31'I,\ zz L5 F- LU 370.00' 130.00'E 572.7z I= W STA BNSF MT'.ICJB+}2.49 � � LU sTA Bng Mn m3we2o1 ! in I w 210 01'RT I 1 1 wC: I `I I ILLS � ♦. N-NI I .♦.♦ ._----------- _.l No oo'2e'w Q h` ` ` 330..M ___---_- I -...__.__..______ 5'A BNSF NT1 10]9+16.77 Q �♦ 129.78'♦♦♦♦ ♦ ___.-____-- MSEC-ONLINE STA BNSF NP 107"10.73 I 1 STA BNSF WTI 1034+40.74 I C"31 RT 330.00' _9S__—__ 30.00' STA BNSF WTI 1030+80.48 I 3 1 I ✓ CBB670008` ---_—_-_ /�/�� IB CITY�OFBSEAITLE ( I 33 PI 0 TETE BCFINC CCNPANY I ?HE B NOC C101APANY I THE BOEING�OMPANY m� 1 MATCH LINE(SEE SHEET RW-12) PROPOSED: 1 ---- ROW LINE ---- PROPERTY UNE EASEMENT UNE OWNERSHIP TABLE /4SE "'IN LINE I:::':_I CONSTRUCnON EASEMENT _ PABCFL PµCF:I. _. AREA _ _AGO TOTALCONSTRUCTIONE54'rACCESS PERM ACC SS R/W USAGL NOTES _ V:�y: RMP(IRARY n "ANE ESI.IT ESN'T DEO /�j A-1- EASEMENT0 3 0005800017 CITY OF SEATTLE 65,250 ST 7,500 4 TEMPORARY ACCESS,IIAUUNC OF MATERIALS a :. 7 0686700050 THE HOEING COMPANY 160,437 SF 78,416 7 TEMPORARY ACCESS,HAWNG OF MATERIALS i+4' d !7 01 THE BOEING COMPANY (SEE DWG RW-8) -� 1.8 0886700100 THE BOEING COMPANY (SEE DNC RW-8) , R 19 0886700070 THE BOEING Cd/vµY 177,495 SFLT 10,734 SF 1 19,966 Y TEMPORARY ACCESS,HAWNG OF MATERIALS,STAGING,SHOOFLY CONSTRUCTION i w D .D so KEY PLAN E CA 5 OL-f sMe lest fEDAp+61PUL-1276(004) ��SHOD, .des�a5,�., CITY OF STRANDER BOULEVARD EXTENSION PP-1276(005) p 7�,{ T R �� 1">t.:'I S.j:: -l�ilC11V1 - RENTON PHASE 1,SEGMENT 2A CALL 48 HOURS �/ — __ ____- P„w4 wen.o.00am.m RIGHT OF WAV PLANS BEFORE YOU DIG 33301 —1,swoe 300 �v'>N"r„o<'� F=�{ �AT�M AOP.a.a cnn.w.uo� ! 1-800-424-5555 (zo6>.3m-(205)i 0 7�zso ' A`6* No. RenslaN ar u4rc APPrt ••p • -- ---- - -- PUN•SHEETS RW-9 HaEer1 Y.��Nan.on P.E. Dela � 9 i! SW 1/4,SEC 24,T 23 N,R 4 E,W.M. MATCH LINE(SEE SHEET RW-7) 1042+00 1043.00 1044,00 1045x00 1046+00 1047,00 N2'07'15'E 1046+00 7049*OCT 105000 .051.00 1052r00� _ --�----�l'a7r"---_-- -1 52]049021------�BNSF MT7-LINE --- S7A BNSF uTT___ � �._r____ 1052f3fi.15 I STA BNSF MTI 1043.99.27 STA BNSF MTI 10441)9.]2 g /�,�RF- REFERENCE LINE 57A 9NSF MTI IOStf53.49 ----- T --------- STA BNSF MT1 1045479.395 T J _ N2'07 15'E �/ /- / N2'07'15'E ------ --- ----------------�__-- 1Io // / SIA BNSF 411 1049+3804 I I 11 7 8 //81).00/ 1D0.00• g SI, S 080 8 //j / SIA BNSF Mil t 4+83.22 104 USSDO RT16500'NRT MTI 5+8].29 g PI i SiA BNSF N11 1052+40.3] : 1 492.26OINC COMPANY %/j%/%// SiA NS-Mi1 1045,4457 �IIYII _-__.__� HT __ .�1�YY_ . sa6 29e39• W / STA BNS MTI 1045+84.58 I '�590.�gi Mit 1052f41.63/ W Lu 1 57272' Cf) STA Sf MT1MT7'10 40 I I _-_-- W I 1 1 0086700030 W N W O I Mf flOEINC COMPANY N W I 0866700040 I ul Z I _ -- 1IML BOEING COMPANY 1 I Z - - NO'W 28'W- �,�- - Yi �---------- STA 9N5i AIT)10�5t0B.23 1 A,SECTION UNE J I IQ 7,87 RI �I I I SIA BNS M77 7050+00.97 I� -O I I NO'11.41_E- --- i OB96700060�Nl BOEING COMPANY j I I I I I I^ 1 I o I L I ---------- _Nu'ro'rB• i N,SECTION LINE NO'tY 27I'W -�_E Nl'04 ]2'E __ PROPOSED: -�' POW LINE ------- PROPERTY UNE EASEMENT UNE - -——- 1/16 SECTION L14E TEMPORARY ACCESS EASEMENT e OWNERSHIP TABLE e i PARCELTA% NAME TOTAL R/W CONSTRUCRON ACCESS PERM ACCESS R/W USACE NOTES NO PARCEL AREA ACO ESM'T ESM'T ESM'T Dm a i 7 0886700050 THE BOF3NG COMPANY 160,437$F 2&416 ff TEMPORARY ACCESS BY PASSENGER VEHICLES R 8 0886700040 THE BOE7NC COMPANY 168,947 SF 12,553 SF TEMPORARY ACCESS BY PASSENGER VEHICLES i 9 08867000M THE BOEING CCMPANY 109,460 SF 10,414 ff TEMPORARY ACCESS BY PASSENGER VEHICLES 40 0 40 6o KEY PLAN .y 5UOQ scde feet PIED—emNi-1276(004) ?_ �+� ��� N IR a4�1., CITY OF STRANDER BOULEVARD EXTENSION MPP-1216(096) ����,E ', (yl- ,'j 1-fEJI'llVl ,' ©$ RENTON PHASE t,SEGMENT 2A ,� CALL 48 HOURS �./ !i eF�wo`..I>.Ponmem RIGHT OF WAY PLANS BEFORE YOU DIG 333.1 A— -SHEETS RWWSNMgron 96a0azt00 �� -SHEET6 1-800-424-5555 -ReE rt M.Men.on P.c. "oe1:� to u SW 1/4,SEC 24,T 23 N,R 4 E,W.M. 3 1057+�00p 1051+00 _ 1055+00 1056+OD 1057+00 NY'ts7'15'f 1058+00 2 �n�IQ)1T rO-._� 4 R/W REFERENCE LINE.__��_ ___ 'BNSF MTI'LINE I \ I STA BNS Mn 1056+75.03 \ \ WI 5'R1 {D 5TA BNS Mn 1055480.52 I 340.35 ( THE BOF7NCWPANY /NO'21,43'E - r%/jj/j%/j%//% "I V \\ \\\ I STA BNS NTI 1058+17.07 $' Q \ \ STA BNSF Mil 10 1.48 '�`!'/ / �1. N WIS' 081 o JYE STA EATS MIT'188+64,601 \\ UJ IZB�?' // �1 4\`N/ tZ 11 F ,lilt- \ W STA BNSF WTI 1056+72.172 3 10 STA BNSF MT1 1056+73.67 H0886700020 I /?,T /• ,// �>` rw ?..'0'1 \ Z II THE BOEING COMPANY STA S Mn 1057+17.75 ��//% • 4 J`' `A HIIr t I \ \ lid ; STA BNSF Mil 1057+79.55 \\ \ i STABNS M71 1056+78.50 --------—--—- SlA BNS Mii 1052+tA82 T ---- -- I F I \ 1 — ke SECTON LINE _ PROPOSED: ------ Now LINE It ------- PROPERTY LINE sP,w — EASEMENT UNE -——- 1/16 SECTION UNE s + --- - ---- ��%`,� TEMPORARY ACCESS EASEMENT OWNERSHIP TABLE � PARCEL TAA TOTAL R/W CONSTRUCTION ACCESS PERM ACCESS R/w d NO PARCEL NAME AREA ACO ESM'T ESM'T ESM'T OED USAGE NOTES 10 0886700020 THE BOEING COMPANY 150,393 SF 15,679 S TEMPORARY ACCESS BY PASSENGER VEHICLES R 11 OBB6700010 THE BOEING COMPANY 91,744 SF 9,078 S TEMPORARY ACCESS BY PASSENGER VEHICLES 40 0 40 - 60 KEY PLAN 5 q S.GL scMe feet PEONO.sHmn 1ne(aotl `�m SRM -iB"T.S� CITY OF STRANDER BOULEVARD EXTENSION 31,51" PP-1176(005) {{ /���7�,{ i iC:'i TC.`I'1-11)!'►LV1o. RF.NTON PHASE T,SEGMENT 2A kr CALL 48 HOURS `/ .!, - St BEFORE YOU DIG "'o'9„'A`•"•s°'A"•5"°°J°° ao •"" +E` I'==i DAM' wo F.d..a'r"'0ipaw�uo� RIGHT OF WAY PIANS RW-11 l 1-800-424.5555 ESM w- nYgi1B00}160° �""'""1' _ _____ _ (zo6101-7300 Au.(4061 u1nw xo. RLM610N Wr wrt APPR .� PLAN SHEET 7 �noe:rt J-do..o�.o.[- 001. 11-13 NE 1/4,SEC 25,T 23 N,R 4 E,W.M. 04 I i I Ne SECTION UNE I 8jE I I Is I 22 21 I I� Ig 0886700150 STA BNS N1T 103(1+9A.91 I 0886700190 Z I I� I 741E BOEING COMPANY TME 0'57 C1090 N yj OBBB700780 ..____. 9Q-'-RJ -_.__._.... ___-____. W C� THE BOEING COMPANY I I = I i STA BNS MIl 1071117.1/1 0886700100 I STA=BNS YTI 1071+0551 Q3:1865'RI r ' LIE_ BOEING COMPANY 11284.87'RT STA Ntt 1070+8/,99 '-59.' STA BNS MTI 1070+92.91 BNS' - -- � g yy90%,f\9•Sg�3\E. \\NB9'\\2 C� 1 STA BASF MTi 1030172.9! I STA RL SF MIT 1010+65 NO'00 IO 00 !n I J N89;59 32'EF- L-. 71{' ^ 79795' - NB97000'2•E\�\� \\ \� \\ \32\ \ W .2 \\ \ \ NB9'S9 32 E\ W LEI \� \\ 's\\\j\�4 \ \ \ \\��\M ��T\ ��ils sfi`C`RN� N�\ \\.$1 STA 5 14195.71 \\ \\ \\ \ \ \\\ \\\g \\ \ \\�' \\ \\\ \\`417�3%"�✓ w \ \ \ \ \ g\ \53 \ \\ \\ \\ g \\ \\ zD W W li� �LUQ_ ��\\\\ L\\..\_\ai��;1\ \\sTA s 27+6T3o \�\\�Y>>-\' ITT. I N (n 87'1 4111'15-W \ \ \\\\\\ I NBT 14 25'W \]i:r�1i LN89_59'3E��1��.i - rSTA &NSF N.I 1030+79-96 t I 1 Z. 234.0] _,. �IG53 R-. I J ?I �'\ \\ \R=19000 b R�90�O)' STA S 26+20.90 7 STA 5 47+84.76 STA BASF Mt1 1030+23.72 = Nee.57'54'E \ J 1 U I 272.77 �� =4.76 1 T.10.0 ; Q F- 41.35' L=56.99' L= 7.1 R/W REFERENCE LINE_ _._�TJS'06•__ ' _ -� 'S'LINE Y,I•n$Ya^,'rO K IH A-600.00 _ S � � I L-79.13�14 25+30.23 � � i2glU �1g�'+gg~Ttt I�lo 1: i=39.7725+00 26 pp ?6• '4i b 27 1 ' I5+00 MBB' �;�� \\\�1*7 97 A _�_- I6+00 --� I7+00 ��; I)i d'�. \�J J7 0886700760 0886700180 1 I Y-2" 4a� 4+50.00 PC 16+29.96\` = � (q3 Po9' 1 ME BOEING COAWANY 741E BOEING COMPANY R/W¢PER PERTEET,INC 18+ \7. ,2p `�\ 1 -I �STRAhDER BLVD W 11\ \\ SETA 5528+41.59 A7p0'LT f JI MBB'S7'SJ'E .7'3506 � 0886700170 1 S1A S 24159.21 / 1' )S g*� \ STA S 29+00.13 J F I L R=600.00 zb - THE BOF NC COMPANY I PC 23+71.37 T-79,41 I T=39.77 - I 3 -n STA BNS'1R1 +028+45.46 k$" PT 29+26.5. Z .P \ \ PROPOSED: 3• o. �`\ Row LINE PROPERTY UNE OWNERSHIP TABLE $ EASEMENT UNE ' \\ \ '$1, CONTROL POINT/9 ---- 1/16 SECTION LINE (SEE DWG Rw-3) PARCEL TAXRC AREA R/W CONSTRUESM'CPCN ACCESS FERN ACCESS R USAGE NOTES Pi 20+27.60 5 NAME I � S1A TEMPORARY ACCESS EASEMENT b NO PARCEL AREA ACD ESM'T ESM'T E5M'T DED ' ! 18 0886700100 THE BOEING COMPANY (SEE DNG RW-8) R CL STA 21+97.07, t 20 088670OW THE BOEING COMPANY 93,783 S - --- --9,914 S - --_ -__�� H 1ENPORARY ACCESS,HAULING OF MATERIALS \ +u R 21 0886700160 THE BOEING COMPANY100,711 SF 19,801 S TEMPORARY ACCESS,HAULING OF MA7FRIAS \ $ X751 22 OBU700150 THE BOEING COMPANY 125.087 SF 3,575 S TEMPORARY ACCESS,HQUNG OF MATERIALS \\ S7/, JJ' \` 5 23 0886700180 ME BOEING COMPANY 117,729 SF 16,940 S TEMPORARY ACCESS,NAULMG Oi NA7ERIALS ` 2/ 0886700190 R1E BOEING COMPANY 155,Sk1 S 12,013 S 1DAPORARY ACCESS,MAULING 6 MATERIALS W - _0 40 __ 80 KEY PLAN O L-127 6 Y' �'P,e wd feel 4 Mvru 1276(006)T g '�"` __ _ ws sHowN '��1-' C1 i'Y OF STRANDER BOULEVARD EXTENSION a CALL 48 HOURS i cI" B " �4, "- - - ------ RF To PHASE 1,SEGMENT 2A BEFORE YOU DIG navel war,wes6n91m 9eoo>-zcao _ �' "p RIGHT OF WAY PIANS 1-800-424-5555 "^1- Ne4slo" APm ;;-�, AP aro,c.�.w�ppp PUN-SHEETB RW-12 (206)471 3700 H=.(206)431.2250 410. BY DATE mow Pape"u.1 moi-P.f. -I, 12 1! NE 1/4,SEC 25,T 23 N,R 4 E,W.M. m ¢ i I�1(4 SECTION LINE ' I U648 I I I I 24 j I 0886700190 I I ( THE BOEMC CWPANY i I io I STA BNSF Mfl 1031+47.77 ` _ I STA BNSF 411 1031+ifi.41 � I I 24000 I I I 2os.3s I w Uj LU 27x1) cn ZS1A BNSF MII 10J(kB6.59 �I Q J STA BNSF MTI 1030+36.46 I I I U865,75 RI 0886700180 q;gl� THE BOEING COMPANY �(^ I I bi' I I I I I 0 5?A BNSF MP 1028+61.94 i I THE BOE7NO°CI°MPANY •--•_����--�-N89'S912�E I I I I 1 @ PROPOSED: �'- ------ ROW UNE ----- PROPERTY UNE BAae EASEMENT UNE ———— 1/I6 SEGnON UNE -- - TEMPORARY ACCESS EASEMENT z OWNERSHIP TABLE A PARCEL TAX TOTAL R/W CONSiRUCPON ACCESS PERM ACCESS R/W R NO PARCEL NAME AREA ACO EAI'T ESM'T ESN'T DED USAGE NOTES 23 OSM700180 THE BOEING COMPANY (SEL DWG RW-12) E 24 OSM70DI90 ME 80EN1G COMPANY (SEE ONG RW-12) w ° w 80 KEY PLAN lei-21,14,41. sw. (tet rioAo:etPui-137N(001) z`O 'Ns NPP-1376 006) J 7�,� F' As sHorm ' '�'�" CITY OF STRANDER BOULEVARD EXTENSION 'I �)(7<'`("r k1Bu Vi RENTON PHASE 1,SEGMENT 2A k CALL 48 HOURS W eer wen.a rc + RIGHT OF WAY PLANS BEFORE YOU DIG 'er°,M9°vmA,,w.ri9wa7zcao ��". ."`` _ I-- —I w^'M Aao .e.e,c tNeuee PLAN-SHEETS 4 1-800-424-5555 (zoa)+v-zwo Bcczo67+lo-xz50 No. aEN18roN BY wlc Al- RW-13 flOUfrc M n P.E. Data IJ I! LICENSE .AGREEMENT (Temporary Construction) THIS LICENSE AGREEMENT ("License-) is entered into as of 20 , by and between THE BOEING COMPANY, a Delaware corporation ("Licensor"), and CITY OF RENTON, a Washington municipal corporation ("Licensee"). For and in consideration of the mutual benefits to be derived and other valuable consideration the sufficiency of which is hereby acknowledged, the parties hereby agree as follows. L T"E LICENSE Licensor does hereby grant to Licensee a non-exclusive license to use, subject to the terms and conditions of this License, portions of real property described in "Exhibit A" attached hereto. Said real property is leased by the Licensor under that certain Lease Agreement, dated June I, 1997, bet,.veen Longacres Park, Inc., a Washington corporation ("Owner") and Licensor. The areas to be used by Licensee (the "Licensed Property"), are delineated on "Exhibit B"attached hereto. Licensee shall use the Licensed Property solely for the purposes described in Section 2 of this License. This License does not constitute all interest in real property, and Licensor shall not be deemed to have granted, conveyed, or transferred an interest in the Property to Licensee by reason of the execution and delivery of this License or the perforniance by either party of its obligations under this License. Licensee hereby accepts this License and agrees that Licensee's use of the Licensed Property shall conform to the terms and conditions of this License. The license granted by this License is personal to Licensee and may not be assigned or sublicensed by Licensee in any way. Licensee shall not grant permission to any other person to use the Licensed Property. 2. USE Licensee shall use the Licensed Property solely for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right of way and installation of a temporary embankment, track ballast and tracks relating to the Licensee's Strander Boulevard Extension Project, Phase 2 (the "Project). This includes the transport and staging of materials. Said improvements shall be constructed, maintained and operated by the Licensee. Licensee's use of the Licensed Property hereunder is subject to the following limitations: (a) Licensee shall use the Licensed Property in common with Licensor and all other licensees. contractors and tenants of Licensor. Temporary Construction Access to City(Final) Page I of 15 NW (b) Licensee shall exercise all reasonable efforts to assure any activities on the Licensed Property pursuant to this License shall not result in any damage or injury to the Licensed Property. Licensee shal I be responsible for any damage arising from the activity of Licensee on the Licensed Property in the exercise of the rights of Licensee hereunder, and shall repair such damage or, in lieu thereof if mutually agreed by Licensor and Licensee, make a cash settlement therefor. (c) Licensee shall hold Licensor and the Licensed Property harmless from and against any liens of contractors, subcontractors, or other persons supplying goods, services, equipment, materials, or labor to or on behalf of Licensee at the Licensed Property. At the request of Licensor. Licensee shall discharge any such liens. (d) In its use of the Licensed Property, the Licensee shall not violate any applicable law, ordinance, deed, restriction or regulation affecting the Licensed Property or any part thereof. Licensee is solely responsible for obtaining all necessary permits, licenses, and approvals required from any governmental authority or agency and shall conduct its operations at the Licensed Property strictly in conformance with all requirements of any applicable permits, licenses, and approvals. (e) Licensee may erect signs or barricades on the Licensed Property only with the prior written consent of Licensor, which Licensor may withhold in its sole discretion. Any signs or barricades allowed by Licensor shall be removed by Licensee at the termination of this License. (1) Licensee shall be responsible for providing adequate safeguards, safety devices,protective equipment and any other needed actions to protect the life, health and safety of Boeing personnel, and to protect property in connection with the performance of Contractor's work. (g) Licensee shall comply with all local air pollution authorities. and air- quality regulations of the Washington State Department of Ecology. Contractor shall comply with noise regulations per the City of Renton Municipality Code. (h) Licensor agrees to allow additional construction activity, including hauling of quarry spalls and gravel, installation of fiber optic cable, etc., as may be required by Licensee during the Term provided below. (1) Licensor consents to construction of an embankment as depicted in "Exhibit C" attached hereto, to be used for rail purposes and to be left in place for eventual construction of a third rail line conditional upon acquisition of permanent property rights by Sound Transit or BNSF railway. Licensor and Licensee acknowledge that it is possible that the property depicted in Exhibit C may be transferred by Licensor to Sound Temporary Construction Access to City(Final) Page 2 of 15 Transit or BNSF at a future date to be determined. Licensor may require the removal of such embankment at any time after December 31, 2013 (unless such property has been transferred to Sound Transit or BNSF prior to such date) by giving Licensee written notice to effect such removal, such notice to be given no earlier than 180 days prior to the date such removal is to be completed. Unless such property has been so transferred, the embankment xvill in any event be removed no later than the end of the Term provided for in Section 3. (j) Licensor consents to the construction of temporary haul roads comprised of quarry spalls and gravel. as may be required by Licensee during the Term provided below. These roads shall remain in place. (k) Licensor consents to the construction of fiber optic lines (underground conduits and vaults) in the property (affects Tax Parcel Nos. 088670-0090 and 0886700-270). A portion of these fiber optic lines will remain active for construction of a third rail line conditional upon acquisition of permanent property rights by Sound Transit or BNSF railway, Licensor may require the removal of such fiber optic lines at any time after December 31, 2013 (unless such property has been transferred to Sound Transit or BNSF prior to such date) by giving Licensee written notice to effect such removal, such notice to be given no earlier than 180 days prior to the date such removal is to be completed. Unless such property has been so transferred, the fiber optic lines will in any event be removed no later than the end of the Term provided for in Section 3. The extents of the permanent and temporary fiber optic lines are depicted on "Exhibit C". 3. TERM This License shall commence on a date selected by Licensee by giving notice to Licensor, but such date shall be no earlier than June 1, 2011 ("Commencement Date") and shall continue to December 31, 2013 (unless sooner terminated pursuant to this License). The date on which this License shall terminate is referred to here as the "Termination Date" and the period of time commencing on the Commencement Date and ending on the Termination Date is referred to here as the "Term". Fither Party may terminate the Term of this License by giving notice of such termination to the other Party at least three (3) months prior to the date of tennination specified in such notice, but such termination shall not affect the Licensee's rights under Section 2(1) and 2(k) of this License, which shall continue in accordance with their terms subject to all of the terms and conditions of this License. 4. LICENSE FEE Temporary Construction,access to City(Final) Page 3 of l i '.r✓ The License is granted without charge. 5. SERVICES AND UTILITIES There are no services or utilities at the Licensed Property and Licensor shall have no responsibility to provide any services or utilities to the Licensed Property. Licensee is responsible, at its sole risk and expense, to supply all services in connection with Licensee's use of the Licensed Property. Licensee shall pay when due all charges for utilities and other services provided to or on behalf of Licensee at the Licensed Property. 6. CONDITION; `AS IS"; DISCLAIMER 6.1 Warranty. Licensor warrants that it is the owner or lessee of the Licensed Property and that Licensor has the power and right togrant the License hereunder to Licensee. 6.2 DISCLAIMER AND RELEASE. EXCEPT FOR THE WARRANTY IN PARAGRAPH 6.1, THE LICENSED PROPERTY, AND ALL OTHER GOODS OR SERVICES PROVIDED OR TO BE PROVIDED IN CONNECTION WITH THIS CONTRACT ARE BEING PROVIDED TO THE LICENSEE "AS 1S, WHERE IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF LICENSOR AND ANY LICENSOR PARTY AND THE REMEDIES OF THE LICENSEE SET FORTH IN THIS CONTRACT ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND LICENSEE HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF LICENSOR AND ANY LICENSOR PARTY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE LICENSEE AGAINST LICENSOR OR ANY LICENSOR PARTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE LICENSED PROPERTY, ANY SERVICES, OR ANY OTHER ITEM PROVIDED UNDER THIS CONTRACT, INCLUDING BUT NOT LIMITED TO: 6.2.1 ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, 62.2 ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. OF TRADE; 6.2.3 ANY OBLIGATION. LIABILITY. RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY PARTY (WHETHER ACTIVE, PASSIVE OR IMPUTED), AND Temporary Construction,access to City(Final) Page 4of'li 1r.* **or 6.2.4 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. NEITHER LICENSOR NOR ANY LICENSOR PARTY SHALL HAVE ANY OBLIGATION OR LIABILITY TO LICENSEE, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE) OR OTHER\VISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. 6.3 Waiver of Claims for Damage to Licensee's Property. Without limiting the generality of any other provision of this Article 6, Licensee does hereby release Licensor and any Licensor Part\- from, and waive, Licensee's entire claim of recovery for loss of or damage to property arising out of or incident to fire, lightning or any other perils norlually included in an "all risk" property insurance policy when such property is located on the Licensed Property, or the Longacres Park site, whether or not such loss or damage is due to the negligence of Licensor, any Licensor Party, or their respective agents, employees. guests. licensees, invitees or contractors. 6.4 Waiver of.Subro?ate. Licensee shall cause its insurance carriers to waive all rights of subrogation against Licensor to-the extent of Licensee's undertakings set out in this Article 6. 6.5 Definition. "Licensor Party" means The Boeing Company, a Delaware corporation, the Owner, any entity owned or controlled by The Boeing Company, and any director, officer, employee, agent, contractor, or invitee of any of the foregoing (other than Licensee, its directors, officers, employees, agents, contractors, and invitees) and their successors and assigns. 7. MAINTENANCE Licensee, at Licensee's sole cost and expense, shall be responsible throughout the Term for preventing damage to the Licensed Property as a result of the use of the Licensed Property by Licensee. 8. LICENSOR'S ACCESS Licensor and Owner shall have the continuing right of access to the Licensed Property PROVIDED that Licensor shall not unreasonably interfere with Licensee's use of the property, so long as Licensee is not in default hereunder. 9. CONDITION AT SURRENDER At the tennination of the Term of this License, Licensee shall surrender the Licensed Property to Licensor in the same condition as at the Commencement Date, including replacing all underground utilities, excepting normal Nvear and tear, casualty, Temporary Construction.access to Cith (Final) Page 5 of 15 err v4sve condemnation, and alterations permitted by Licensor, and damage caused by other tenants or licensees of Licensor. 10. INDENINIFICATION AND INSURANCE (a) Indemnity. Licensee will indemnify, defe id hold harmless, Licensor, and every Licensor Party (as defined in Sectiok (hereinafter"Indemnitees") from and against all actions, causes of action, liabilities, claims, suits, penalties, fines,judgments, liens,awards and dama zes of any kind whatsoever(hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought by employees or invitees of Licensee or employees or invitees of an_v Contractor of Licensee (hereinafter'*Contractor")) or damage to or loss of any property or clean up of any discharge or release by Licensee or any Contractor, and expenses, costs of litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this License or the presence on the Licensed Property by Licensee, any Contractor or their respective employees or invitees. Licensee expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that Licensee is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, Licensee shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by RCW 4.24.115. In no event shall Licensee's obligations hereunder be limited to the extent of any insurance available to or provided by Licensee. Licensee shall require each Contractor who desires access to the Licensed Property to provide an indemnity, enforceable by and for the benefit of the Indemnitees, to the same extent required of the Licensee. (b) Insurance Policies. Licensee shall, at its.own cost and expense, carry and maintain, and shall ensure that any Contractor carries and maintains during the Term of this License, Commercial General Liability Insurance with available limits of not less than One Million Dollars (51,000,000) per occurrence for bodily injury, including death, and property damage combined, One Million Dollars ($1,000,000) general aggregate. Such insurance shall be in a form and xvith insurers acceptable to Licensor and shall contain coverage for all premises and operations, broad form property damage and contractual liability(including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this paragraph shall: (1) be endorsed to name The Boeing Company, Owner and their respective subsidiaries, directors, officers, employees, agents, attorneys and assigns"as additional insureds (hereinafter "Additional Insured")with respect to any liability arising out of Licensee's presence on the Licensed Property; (2) be endorsed to be primary to any insurance maintained by The Boeing Company and the Owner; Temporary Construction Access to City(Final) Page 6 of I ``mol (3) contain a severability of interest provision in favor of the Additional Insured and(d) contain a waiver of any rights of subrogation against the Additional Insured. A certificate evidencing such insurance coverage shall be delivered to Licensor not less than fifteen (15) days prior to the commencement of the Term. Such certificate of insurance will provide for fifteen (15) days advance notice in the event of cancellation. Licensee shall carry and maintain, and shall ensure that any Contractor who uses licensed vehicles in connection with this License carries and maintains, Automobile Liability insurance covering all vehicles, whether owned, hired, rented, bon-owed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage. Licensee shall cover or maintain, and shall ensure that any Contractor covers or maintains, insurance in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Licensed Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law. (c) Proof of Contractor Coverage. Licensee shall ensure that no Contractor shall access the Licensed Property unless such Contractor shall have provided a certificate of insurance to Licensor reflecting full compliance with the requirements set forth in this Section 10. Such certificate shall list the Boeing Company as certificate holder and shall be kept current and in compliance throughout the Term and shall provide for thirty(30) days advance written notice to Licensor in the event of cancellation. 11 . WAIVER OF GOVERNMENTAL IMMUNITY. Licensee hereby waives any governmental immunity it may otherwise have with respect to any claims, liabilities, or obligations pursuant to or arising out of this License. 12. INTENTIONALLY OMITTED. 13. ENVIRONMENTAL MATTERS (a) Compliance with Laws and Requirements. Except as otherwise agreed by Licensor in writing, Licensee shall be solely responsible at its expense for obtaining any permits, licenses or approvals, and for preparing, maintaining and submitting any records or reports, as required under applicable Environmental Laws and Requirements for its operations hereunder. Licensee shall comply with any and all Environmental Laws and Requirements and shall not cause, permit or allow the presence of and steal I not generate, transport, release, store, or deposit any Hazardous Temporary Construction Access to City(f=inal) Page 7 of I Substances on or about the Licensed Property in violation of any Environmental Laws and Requirements, or in a manner which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor,or any other person. Licensee shall not release any Hazardous Substances into the soil, water(including groundwater) or air of the Licensed Property or onto any other adjoining property in violation of Environmental Laws and Requirements, or in a manner which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor or any other person. In the event of a spill or other release of Hazardous Substances caused by Licensee, its agents, employees, contractors or invitees at or from the Licensed Property, Licensee shall undertake immediate response as required by law, including but not limited to reporting to appropriate agencies, and shall notify Licensor of same as soon as possible. (b) Definitions. As used herein.. the term "Hazardous Substances" means any hazardous,toxic, or dangerous substance, chemical, pollutant, contaminant, waste or material, including petroleum, which is regulated under any and all federal, state, or local statute, ordinance, rule, regulation, or common law relating to chemical management, environmental protection, contamination. or cleanup including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (42 U.S.C. e 9601 et seq.), the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6901 et seq.) or any other federal, state, county, or city law, or any other ordinance or regulation existing or which may exist. As used herein the tern "Environmental Laws and Requirements" means any and all federal, state, local laws, statutes (including without limitation the statutes referred to in the first paragraph of this Paragraph 13 (b) above), ordinances, rules, regulations and/or common law relating to environmental protection, contamination, the release, generation, production, transport, treatment, processing, use, disposal, or storage of Hazardous Substances, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirements, obligations, directives, notices, approvals, licenses, or permits, including but not limited to those for the reporting. investigation, cleaning, or remediation of Hazardous Substances on the Licensed Property. (c) Remediation. Should Licensee fail to perform any of its obligations pursuant to this License or to any and all Environmental Laws and Requirements. Licensee shall at its own expense promptly remedy such noncompliance. Licensee shall at its own expense remove or remediate any unsafe condition that Licensee has caused to occur and clean up or remediate any Hazardous Substance which Licensee has caused to be Temporary Construction Access to Cite(Final) Pagc 8 of'15 fir+' released at or from the Licensed Property. Should Licensee fail so to do, Licensor shall have the right, but not the duty, to enter the Licensed Property personally or through its agents, consultants, or contractors to perform the same. Further, Licensee shall hold Licensor harmless from any losses, including claims of third pat-ties, resulting from any noncompliance with Environmental Laws and Requirements, or from any unsafe condition or release of Hazardous Substances caused by Licensee. (d) Documentation and Right to Inspect. Licensee shall provide copies to Licensor of any reports regarding its operations at the Licensed Property which are submitted to governmental agencies pursuant to any Environmental Laws and Requirements. Licensee shall also make available to Licensor upon request all permits and approvals, and all records maintained by Licensee pursuant to anv Environmental Laws and Requirements. During the Tenn of this License, Licensor and Owner and/or their respective agents or employees shall have the right but not the obligation to periodically inspect the Licensed Property at reasonable times to confirm that Licensee is in compliance with the terms of this License, including compliance with any and all Environmental Laws and Requirements. Further, if Licensor at any time should have any cause to believe that any Hazardous Substances are or at any time during the term of this License have been released at or from the Licensed Property without strict compliance with all Environmental Laws and Requirements or in a manner which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor or any other person, Licensor and/or Owner shall have the right at their own discretion, but not the duty, to enter, at any reasonable time, and conduct an inspection of the Licensed Property including invasive tests to determine whether, and the extent to which, Hazardous Substances have been released. Licensee hereby grants to Licensor and Owner, and their respective employees, agents, employees, consultants,and contractors the right to enter the Licensed Property upon reasonable notice to Licensee and to perform such tests on the Licensed Property as are reasonably necessary in the opinion of Licensor to conduct such investigations. Licensor may retain any independent qualified professional consultant to enter the Licensed Property to conduct such inspections. Such consultant's reasonable tee shall be payable by Licensee if such consultant determines that Licensee's activities constitute a material violation of Environmental Laws and Requirements or have resulted in the release of Hazardous Substances into the environment which may give rise to liability for environmental cleanup, damage to property, or personal injury to Licensor or any other person; otherwise such fee shall be payable by Licensor. (e) Indemnification. Licensee shall indemnify, hold harmless, and defend Licensor, Owner, and their respective directors. officers, employees, agents, assigns, and attorneys from any and all claims. losses, damages, Temporary Construction Access to City(Final) Page 9ofli response costs, and expenses arising out of or in any way relating to the violation of any Environmental Laws and Requirements, or to the generation, release, storage, deposit or disposal of Hazardous Substances. to the extent caused by Licensee, its agents, employees, contractors and invitees at any time during the term of this License, including but not limited to: (1) claims of third parties, including governmental agencies, for damages (including personal injury and/or property damage), response costs, fines, penalties, injunctive or other relief, (2) the cost, expense, or loss to Licensor or Owner of any injunctive relief, including preliminary or temporary injunctive relief, applicable to the Licensor, Owner, or th-c Licensed Property and (3) the expense of reporting the existence of Hazardous Substances to any agency of any state government or the United States as required by applicable laws or regulations, before and after any trial or appeal therefrom whether or not taxable as costs: all of which shall be paid by Licensee when accrued. 14. DEFAULT OF LICENSEE The following shall constitute events of default by Licensee: (a) Licensee's failure to maintain in force or pay the premium for any policy of insurance required to be obtained or maintained by Licensee pursuant to this License; or (b) Any default by Licensee of its obligations under Section 2 (Use)or Section 13 (Environmental Matters); or (c) Licensee's failure to observe and perform any other provision, term or condition in this License within thirty(30) days after Licensor delivers written notice of the failure to Licensee, or if the cure cannot reasonably be concluded within thirty (30) days, then if Licensee fails to commence to cure the failure within such thirty(30) day period and thereafter proceed diligently to complete the cure. 15. REMEDIES OF LICENSOR (a) Termination and Removal by Licensor. In the event of a Licensee default, Licensor or Owner may in addition to all other legal or equitable remedies; (I) terminate this License and Licensee's right to possession of the Licensed Property by delivering written notice of termination to Licensee, and that action shall concurrently terminate the rights of Licensee under this License, or(2) with or without terminating this License, re-enter the Licensed Property by summary proceedings, proceedings in unlawful detainer, eviction, or otherwise, and may dispossess Licensee. Temporary Construction;access to City(Final) Page 10 of 15 (b) Payment of Costs. Licensee agrees to be liable for and to pay Licensor and/or Owner all costs incurred by Licensor in connection with the enforcement of Licensor's or Owner's rights hereunder, including the reasonable fees and disbursements of Licensor's and/or Owner's attorneys. Such liability shall survive the termination of this License, the re-entry into the Licensed Property by Licensor, and the commencement of the action to secure possession of the Licensed Property. All amounts not paid to Licensor when due shall bear interest at the annual rate of twelve percent (12`4,) or. if less, the maximum rate permitted by law. 16. ENFORCEMENT (a) NOnNyalyer. No failure by either party to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent by Licensor during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement. term, covenant, or condition hereof to be performed or complied with by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the parties. No waiver of any breach shall affect or alter this License,but each and every agreement. term, covenant and condition hereof shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. (b) Remedies Cumulative. Each right and remedy provided for in this License shall be cumulative and shall be in addition to every other right or remedy provided for in this License or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by either party of any one or more of the rights or remedies provided for in this License or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by such party of any or all other rights or remedies provided for in this License or now or hereafter existing at law or in equity or by statute or otherwise. 17. MISCELLANEOUS (a) Successors and Assigns. Suhject to the provisions of this Paragraph 17, all of the provisions of this License shall bind and inure to the benefit of the parties and their respective heirs, legal representatives. successors and assigns, but Licensee shall not assign this License nor grant any right of possession of the Licensed Property in whole or in part without the prior written consent of Licensor and Landlord, which Licensor and Owner may withhold in their sole discretion. Temporary Construction Access to City(Final) Page 11 ol'I5 r„r *"w (b) Survival. Each and all of the provisions and obligations set forth in Paragraph 10, (Indemnification and Insurance) and Paragraph 13. (Environmental Matters), shall survive the termination of this License Agreement (c) Notices. Where provision is made herein for notice of any kind, it shall be deemed sufficient, if such notice is addressed as shown below: Temporary Construction Access to City(Final) Page 1-2 of 15 Licensor: The Boeing Company P.O. Box 3707. M/C 1 1-XT Seattle. WA 98124-2207 Attn: Mr. Jeffi-ey Adelson Or Real Estate Counsel Phone: 206-650-5960 Alt. Work Phone: 425-373-2105 Fax: 425-294-8875 Email: )i) if'�.l'Ulll With a copy to: The Boeing Company PO Box 3707, M;'C 20-21 Seattle, WA 98124-2207 Attn: Mr. Darrel DeNLIne Phone: 206-662-8616 Fax: 206-662-7873 Email: 11 COm Licensee: City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98057 Attn.: Gregg Zimmerman, Public Works Administrator Phone: 425 430-7311 Email: gzimmemian(uci.renton.wa.us With a copy to: II All such notices shall be given either by hand or by recognized overnight delivery service, with all fees for next business day delivery prepaid. Notices shall be deemed given when delivered if given by hand or 24 hours after delivery to an overnight delivery service with next business day delivery charges prepaid. Temporary Construction Access to City(Final) Pate 13 of 15 (d) Severability. If a court of competent jurisdiction shall determine, to any extent, that any provision, term or condition of this License shall be invalid or unenforceable, that determination shall not affect the remainder of this License, and each provision, terra or condition in the remainder of this License shall be valid and enforceable to the extent permitted by law. (e) Licensee's Interest; Holdover. Licensee has no right in the Licensed Property other than the license to use the Licensed Property as set out in this License. Licensee has no right to hold over after the end of the Term and agrees that Licensor may use all legal means including self-help. to remove Licensee and its property and all of Licensee's vehicles from the Licensed Property at and following the end of the Term, and that Licensee shall reimburse Licensor for all of Licensor's and/or Owner's reasonable out-of-pocket expenses in so doing. (f) Attorneys' Fees and Disbursements.Except for actions by Licensor pursuant to Paragraph 15 of this License upon a default by Licensee, if a dispute between Licensor and Licensee arises under this License. each party shall bear its own costs, including but not limited to attorneys' fees. (g) Captions. The marginal headings or titles to the sections of this License are not a part of the License but are inserted only for convenience. They shall have no effect on the construction or interpretation of any part of this License. (h) Time is of the Essence. Time is of the essence in the performance of all covenants and conditions of this License in which time is a factor. (i) Counterparts. This License may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original License, but all of which together shall constitute one and the same License. (j) Choice of Law. This License shall be governed by the Laws of the State of Washington without reference to its choice of law rules. (k) Agents and Brokers. Each party represents that it has hired or retained no agent or broker in connection with this License and shall hold the other party harmless fi-om any claim by any agent or broker claiming payment of any commission, finders' fee or the like in connection with this License. (1) No Recording. Neither party shall record this License, nor any memorandum of this License. Temporary Construction,access to City(Final) Page 14 of I5 (m) Complete Agreement. This License, including Exhibits A, B, and C, contains the entire and complete agreement between the parties hereto, with all previous negotiations, warranties, covenants, conditions and promises being merged herein. Licensor and Licensee further agree that no alteration, amendment or modification to this License shall be binding upon Licensor or Licensee unless same is first reduced to writing and signed by both Licensor and Licensee. Executed in duplicate as of the date first written above. LICENSOR: LICENSEE: THE BOEING CONIPANV, CITY OF RENTON, a Washington a Delaware corporation municipal corporation By: By: Title: DtadEmA . 2PNn TItIe:� ti"WqzA� APPROVED AS TO FORM By: ..._ Temporary Construction.Access to Citv(Final) Paee 15 of 15 EXHIBIT A King County Tax Parcel Nos. 088670-0070, 088670-0090, 088670-0270, 088670- 0300 Temporary Construction Access to City(Final) wr` LEGAL DESCRIPTION: TAX PARCEL NO:0886700070 KING COUNTY LOT 7 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28, IN KING COUNTY, WASHINGTON.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700090 KING COUNTY LOT 9 OF BOEING LONGACRES PROPERTY, BINDING SITE PLAN NO. LUA-02-022-13SP, RECORDED IN VOLUME 212 OF PLATS AT PAGE(S) 63 THROUGH 69, AND AMENDED IN VOLUME 219 OF PLATS AT PAGES 67 THROUGH 73 AND AMENDED IN VOLUME 228 OF PLATS AT PAGES 22 THROUGH 28, IN KING COUNTY, WASHINGTON.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700270 KING COUNTY LOT 27 OF BOUNDARY LOT LINE REVISION NO. LUA 07-068-LLA, RECORDED SEPTEMBER 11, 2007 UNDER RECORDING NO. 20070911900008; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON TAX PARCEL NO:0886700300 KING COUNTY LOT 30 OF BOUNDARY LOT LINE REVISION NO. LUA 07-068-LLA, RECORDED SEPTEMBER 11, 2007 UNDER RECORDING NO. 20070911900008; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON rrry EXHIBIT B Areas affected by Licensc Temporary Construction Access to City(Final) NE 1/4,SEC 25,T 23 N,R 4 E,W.M. $ MATCH LINE(SEE SHEET RW-5) — -�-� ---+---T----�--T- N2'06 7aF T- -+----r'-- --•---+--- -•- --r--- -r---�-- -- •T--� 3 I 1019.00 1020 00 1021+00 1022+00 IOTJ+00 1021+00 1015+00 1026+00 1077+00 1029+0U 1029+00 ([ 57A DNSF MTI 1019 189)1 R REFERENCE LINE- I J S1A BNST MT1 1022+7411 ll M I 1027+43.48 "BNSF MTt'LINE BMF 252C30199022J '----$1----- ---- �•-----'-•-' - 860 99' BNa_ stn -__._..- BMasus 19.1as6- I W RL '1' N2'06'20'EI _ T2789' I -1�1-cc [-cam-.- __ \\ �.. ..� g ` STA BNSF Mit 1019+83 28 T- --` \\ .NZ'06 10'E• ---- Y-------� �� CCC[ [s+ ----- - - `\ `\ \\$ ♦\\ \\\\^` STA DNa MiI 1075+61.80[ ` \ \\ \ \ `TT^T" PI 9+64.23 ! Y N2 O6 20'E 191,02'BNSF Mfl 1020+69 07 / ////�// //�/8//Nl OB'17 w//-�•'��j�/ '� rf���.�,( 3'� / Si \ 1L77 /j/////j �/�j/�%//�/ �//su NSF MT 1a2s+4ev J ! 2 25.0o 2527049018 \\ .. CITY OF RENTON STA BNSF N71 1021+96.52 L// ///// //8 //�// / ////b\ 20452' THE BOEING COMPANY >NI STA BNSF NT1 1019+5.19 i 000•RT / / / / N S 11 I I - r/ ////// ///�///// / //// ! \\1 C`{ 9.➢9'RL_____- 279.51_i _ y STA'BNSF NTI 1022177.56 j SIA BNSF M71 1025156.70 [ Rt-1500 z!I Y\. SIA`BNSF Nry'102M05.51 ---1 ``````` 15.00 3_ d' J ---' �STA NSF MTI 1075+17.10 .85.00'.; Q IP .. 0886 7 00320 I3 R'I 1F4 BOEING COMPANY i STA BNSF M'1 1077+6572 'I; ;NI r I 290 \ N AMERICAN BANK _ i 2985 NACNES AVE SW C®86700300 �I .C� ._______ Eh�N,,), ____RENTON,wA_ 2000' THE DOEING COMPANY I 1 I.\ ..�iry�`I W :�= I 31 x I.. "1I S I, x STA BNSF MD 1019+95.27 1 m; /-Xe SEC7gN UN[ i BOEING ggg6100270 I \ \ VI V I 1HE COMPANY STA\S 1'485.64 3 51;GeNR Mr�-o,� I 5.A BNSF Nn Ioas+7l.le I �: •• 2.59'1L.� r STA BNSF Mit 7020+ISSi STA BNSF MP 1022+85,64 1 _W17 I iII ---4-L..2-S_R-I.._--____.._-__..._-.___-_' ' STA •7a+09.D `S1A'\5\�—.22.�+0.�903 R=55.00L-2031 - 3T.1027 -_--------- CH-20.20 -NO' - 0 1 i . 8' , ! 8•I _ Ir- - -I I •ni�y CHBRG-545'0815"W L-8.11 - - i 7=1.06 STA BNSF Nh 1019+99.91 18 I - `gll�l CH=8.10 I 16 ! CHBRG-65954'31•W 0988700370 I OB867001C0 M40 ES AVE SW' HE DOEMG COMPANY —-- -- I THE BOE;Nc coNPANr ;.N I ! 11 I Is sI $ it 1 MATCH LINE(SEE SHEET RW-12) PROPOSED: '- _- - -_ - LI ROW LINE OWNERSHIP TABLE _ PROPERTY c EASEMENT UNE PARCEL TO NAME 70TA1 R/W CONSIRUC710N ACCESS PERM ACCESS R/W USAGE NOES -- 1/18 SECTION LINE J 5 NO PARCEL MEA ACO ESN'? 'SA ESM'T OED _ 11 2573049019 GIP'Cl RENTON 2,168,912 S 16,811 SF 12527 a 1,839 SF TEMPORARY ACCESS,HAULING OF MATERIALS,STAGING,SHOOFLY CONSTRUCTION CONSTRUCTION EASEMENT 6.154 SF PERMANENT ACCESS ���. EASEMENT ACCESS a 17 0886700.7(x0 ME BOEING COMPANY 90,195 SF 14 0886700280 THE BOEING COMPANY 93,186 SF 76 SF 18,970 SF TEMPORARY ACCESS.HAULING OF MATERIALS,STAGING PERMANENT ACCESS ® EASEMENT R 15 08B61002/0 ME 90E7NC COMPANY 181,705 S3Z737 SF 19,132 SF TEMP ACCESS,HAULING OF MATERIALS,STAGING,TEMP RELOCATION OF FIBER OPTIC 17 0886700090 ME BOEING COMPANY 136,330 a 50,598 SF 22,111 SF TEMP ACCESS,HAULING OF MATERIALS,STAGING TEMP RELOCATION OF FIBER OPTC - - -- E �8 0886700100 THE BOEING COMPANY 206,164 SF 32,637 SF TEMPORARY ACCESS,HAULING OF MATERIALS wee o— — 40 <e� KEY PLAN 4 S OL r f60AD:SRUL-1278(001) �'Y`• -+ i! -127 om1 (0 ,.1. A]•�/�] ( ,i qa W�^ AAs s,- .iC31.S.• CITY OF STRANDER BOULEVARD EXTENSION BEFOIRE LL 4B HOURS 1 7i °t.�L�i '"' JEic _ RENTON PHASE 1,SEGMENT 2A w YOU DIG �°t 9mrerue Sw,s"k.woRIGHT OF WAY PLANSr, .,, , Per00-424-5555 a0A1nl-zJ0° re..(z067alzzso "`P"� No. aLHsgN m °Arc AP. .•e .-._-__-___- PLANSHEETt RW-9 e 13 NE 1/4,SEC 25,T 23 N,R 4 E,W.M. _ _ MATCH LINE(SEE SHEET RW-6) 1030+00 �2o'Eia31.00 ^1l�1032.00 -^ 1080100 1034.00 -T 1035aoo N2'01'5-E 1036+00 1037.00-r 1038500 1039E 00 -_iIwA D0 1041+00 `PI t03ir67.29 39 Q 8 R/W REFERENCE UNE BAW STA BNSF�Mit 7039+�06.60� I AT O6'20•f. g, NT IT 15•E 'BNSF MTi'LINE 2523049022 (5000'Ri J I 1 227.89' 251.56' 412.61' -__. _ ---------------- -- `` "S ` S7A BN M 1 34,10 B7 STA BNSF MTt 707N47.87 gZ NT 07 ISE c�STA BNff MTi 1038+26 54 Y STA BNS'"MTI 1078+00.26 N2'07 15'c //j%jj%//j/�j//j%�/j//y% ^i 8 \\ STA BNSF MTi 1070+tl321 STA BNSF MTI 1038107.57 / ml 0886700050 �/ THE BOEING COMPANY 17 91 8' O_.__'__ 195.44 4L .-___ 25.00' eG.00' _I I 1 49226' oe667aoo90 e I 0686700070 Mn to3o+e2.n sia�ff un o3B+05991 HE BaDNc couRANv HE eo6wc couPANr 1'70 W Ri wul 572.72' I W 03 z (` \. 030.00' 1 00 00'I W 5TA 9NSF Mil'18+3249 W ;\ STA'BNff MTT 1030+82.01 I hl LTA W � I W zl................ I til 1w _ I �I J NO'00'28'W 3}0.38 -- ____ 'N0'00'28•W I H (�` �IW7B'���� \ -_ - ___-__---------- �-- -Y SECTION LINES1A BNST MTt 1039116.31 I¢ NO'W'28-W STA BNSF MIT 1034,10.73 I 1 STA BNSF MT1 1034+4034)1 --- C 33000 - 30,00' I ✓ 36/ j/ 000se000n I I ^` j�%� 18 aTY OF SEATRF I jj/%/ RIE BOI BENc � THE OECOO H0OB70BOEING COMPANY .PA,NCqA1 MATCH LINE(SEE SHEET RW-12) PROPOSED_ ---- NO LINE PROPERTY UNE EASEMENT LINE y OWNERSHIP TABLE t/4 SECTION UNE CONSTRUCTION EASEMENT PARCEL TAXTOTAL R/W CONSTRUCTION ACCESS PERM ACCESS R/W SSSE NO PARCEL NAME AREA ACO ESM'T ESM'T ESM'T DED USAGE NOTES j`/ TEMPORARY ACCESS !�J EASEMENT 7 00058=17 CITY OF SEATTLE 55,250 SF 7,500 SF TEMPORARY ACCESS,HAULING OF MATERIALS 7 088670W50 ME BOEING COMPANY 168,437 SIF 28,416 V TEMPORARY ACCESS,HAUUNG OF MATERIALS 17 0885700090 THE BOEING COMPANY � (SEE OWG RW-8) I8 0686700100 ME BOEING COMPANY (SEE OWG RW-8) R 79 0886700070 THE BOEING COMPANY 127,495 SF 10,734 SF 29,966 ff TEMPORARY ACCESS,HAULING OF MATERIALS,STAGING,SHOOFLY CONSTRUCTION 40 0 w ao KEY PLAN 5 ��q 9 UG�R AeA° Mt ( EEwro:°TMn'ts7a(o04) s� �`,� 0 -�IC'stiD1- CITY OF STRANDER BOULEVARD EXTENSION 3/15/+1 PHASE I,SEGMENT 2A 3 CALL 48 HOURS `/ A17A1V1 ." P„eee wnN�.o.Pnrtm.m RIGHT OF WAV PLANS BEFORE YOU DIG 3.079UAyeruex,A6,wlaTao ^RW-9 Y 1-1300-424-5555 R06)+7 73°o� "`9`A No. nLHswN at w1c APPq +-- ��• PIAN SHEETS .(306)4712250 gaEak Y.Hon.on P.E, �Ma 9 1J EXHIBIT C Fiber optic lines, rail embankment Temporary Construction Access to City(Final) I � m I I II lx0*1p l IfR J OALP W c I i a � i I i iii M." Ensuv P3P xnc te I,. IT l BNSF BRIDGE - - 1 Ca!IRJCTION fI:nPINI,PRO C2�v I K/ �\ \,-1 J .\� 1 _. ' ••�^ i-'�-r TING 7 — U'tlSTRJCTI fiKDINC 14 hLAG Al iLN } \ N^Ing fF0RCRT" v p•_- - _.._ HIR xI�I1Nr� t,7L SIn:M 3Y BNSC C Vf C HAnCON RU(RU AI IPICi dIP_S_IVI,IICE,.I kIA I`4nF 'k0IIN, LNC -` ,AR1 Li SIRANCSh�HCY) JP VK NI Ar 4 PI A, ITC 'ER p.,RCCCNO_RUCiIONA 1 --. - II A5-Sh10CF�.EMP`NKUENi {I A J o ' Rl N N L.. (�I_-' >nRVu nl.- `.rne #0886700280 r�eARY P OP 1: NH To it #0886700090 AN p IN ItACF 6P(Y(loMPu.'IJN JE IF, NC r lo)11W111M I A re;r r INCHES nr.l..,e LXISTM UknOC. If Jf III A1111 1*l 1 -, L N J.1II}ICV CF If40,11.1 7AT r 311 A 1115'.+G hA01'. #0886700270 ;rug,ec an i It #088670007Q p 1 - IN. .t>e.A� I p sc ;"A I� w - -- CO � I I I d LEGEND: cr LJ _ CWliRl-ION IASEW,f 0 j Imo. -Cxl un I-Ir 2• f �' Z rl '[R1 .M t VES 1 "_M'CRARY A.CCSS:AStVCVT Of Of $5 - - --'-J #0886700100 1 s t A7]AT�,{ }D�t��rI]l]L'11V1 _ .. "+7G °" CITY OF STRANDER BOULEVARD EXTENSION }r"/., R CALL 48 HOURS >-> "' -' - -- ! s x RbN 70N PHASE 11 y BEFORE YOU DIG Mill A.— inn. f ..r wl - r<aare war,waanmgem seom-zeao GENERAL LAYOUT E X-i- 1-800-424-5555 L y os)ai-xa ra Izoa)vt-zw No cwe dY cAli ``F EXHIBIT _>