HomeMy WebLinkAboutPermit *W0 PAG-11-004
LICENSE AGREEMENT
(Temporary Construction)
THIS LICENSE AGREEMENT ("License") is entered into as of a_!^L_� ____
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 patties 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 -ranted 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.
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(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 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 of- 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.
(0 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 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.
(lr) 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.
(i) 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
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Transit or BNSF at a future date to be determined. Licensor may require
the removal of such embankment at any time atter 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 will 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 1 SO 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 ,lune 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 Tennination Date is referred to here as the "Term".
Either Party may terminate the Tenn of this License by giving notice of such termination
to the other Party at least three (3) months prior-to the date of termination 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
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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 to grant 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 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 HERF13Y 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 NUT LIMITED TO:
6.2.1 ANY IMPLIED WARRANTY OF MERCHANTABILITY" OR
FITNESS;
6.2.2 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
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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 OTHERWISE, 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 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.
6.4 Waiver of Subro_a�. 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
Zn
for preventing damage to the Licensed Property as a result of the use of the Licensed
Property by Licensee.
S. 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 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,
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condemnation, and alterations permitted by Licensor, and damage caused by other
tenants or licensees of Licensor.
10. INDLNINIFICATION AND INSURANCE: /►
(a) Indemnity. Licensee will indemnify, (Iefer' d hold harmless, Licensor,
and every Licensor Party (as defined in Sectio, . (hereinafter"Indemnitees")
from and against all actions, causes of action, liabilities, claims, suits, penalties,
fines,judgments, liens, awards and damages of an_y kind whatsoever (hereinafter
"Claims"), for injury to or death of any person (including without limitation
claims brought by employees or invitees of I_.icensee 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 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, cavy 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 (S 1,000,000) per
occurrence for bodily injury, including death, and property damage
combined, One Million Dollars ($1,000,000) general age-regate. Such
insurance shall be in a form and with insurers acceptable to Licensor and
shall contain covet-age 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;
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(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 (SI,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.
1 1. 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 F_rivironmental Laws
and Requirements and shall not cause, permit or allow the presence of and
shall not generate, transport, release, store, or deposit any Hazardous
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Substances on or about the Licensed Property in violation of any
Environmental Laws and Requirerrrents, 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. j 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 term "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) Rernedi.ation. Should Licensee fail to perforin 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
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released at or frorn 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 parties, 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 tune during the terra
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 fee
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,
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response costs, and expenses arising out of or in any way relating to the
violation of any EnviromYrental 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: (I) 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, of-
loss
rloss 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) of-
Section
rSection 13 (Environmental Matters); of-
(C)
r(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.
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(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(124%) 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 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 hercafter 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. 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.
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(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:
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L1CenSoi,:
The Boeing Company
P.O. Box 3707, M/C I I-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: {
With a copy to:
The Boeing Company
PO Box 3707; M/C 20-21
Seattle, WA 98124-2207
Attn: Mr. Darrel DeNulle
Phone: 206-662-8616
Fax: 206-662-7873
Email: latrc;.s.cl��lurl 'f� hu�in�.�'t�ril
Licensee:
City of Renton
Renton City Hall
1055 South Grady Way
Renton, WA 98057
Attn.: Gregg Zimmerman, Public Works Administrator
Phone: 425 430-7311
Ernail: gzimmerman(w,ci.renton.wa.us
With a copy to:
[ J
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.
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(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.
(C) 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.Fxcept 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
steal I 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.
(1) 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 ill connection with this License and shall hold the other
party harmless from 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 15
,Nine `.+r
(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 COMPANY, CITY OF RENT'ON, a Washington
a Delaware corporation municipal corporation
h
Bv: 13y:
Title: DIRAUGTDA . 2 PWS -- -- Title:�(,t
APPROVED AS TO FORM
By:
Temporary Construction Access to City(Final)
Page 15 of 15
1%001
EXHIBIT A
King County Tax Parcel Nos. 088670-0070, 088070-0090, 088670-0270, 088670-
0300
Temporary Construction Access to City(Final)
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
Ift,,
EXHIBIT B
Areas affected by License
Temporary Construction Access to Cite(Final)
NE 1/4,SEC 25,T 23 N,R 4 E,W.M.
MATCH LINE(SEE SHEET RW-5)
1020+00 1021+00 NT O6'20-E ?022+00 1023+00 �— 1024+00^—_�-- 1025+00 1026+00 __T--T---�—--—'—-
027+00
('[ gj STAA>BASF Mil 1079+1897 ! 39 1028+00 I029h00
g T STA BNSF MfI 1022+74.11 R/W REFERENCE LINE= ,STA BNSF MTt 1027+13,48 STA $ 18+13.56= I N2'p6'2C'EI
4' "BNSF MTI'UNE Wh7f" 2523049021 '�,00'RT u'i'1
_ BNSF - 227,89' I
.___-__1__.�____ W0.99� _--
� � _STA"BNSF Mi1'1019+83,28 \\�C,��,B- �.N2'O6'20'E`YSTA BNSF MTt 1025+61.88� TY� � ' ----- —
" 1I:W��' PI 9+6423 N v —L''(r�
77-71-
Til
� \- STA BNSF M'1 1020+69 07 / �/ / \/\\8/ //'\ / \ , �. -'�\' �•N4'09
t� T _
/ T 3✓ / / Q .. .028+44.....
� ����� I m8 tS Ip...1
n 8 < //LLL/�/1�1L�L��y✓-�1 -1 ///1/ // //f.,G�.. 7 / y-may-,/�/ ///// /�l/// �/ ////// :ITABNS"MI 127 SII rAi
NT 06'20'E 197.07
aD2 ��� 937/
an2ovRaTON I j/ /'/ / / j%%/ /// ///// 17 �
STA BNSF MTI-7021+96.52 �// // // //Q //•// /// //// / � THE BOEING COMPANY I, NI
K6. 209.52'
_ 8y�8 �I �`i
, v
T __
STA-PBNSF M1t 1020+05.51 TSTA 8N$F Mil 1022+77.56 --------______.__ 23954 a- -- I d500 500', a
l `` � +4
R 95 W'Ri 1 �2_• v \
SiA BNSF MT? 1025 56
UJI
STA BNSF'M? 1025+17,10 / �tTCTc�"C�"� i I \7 2
70 9saG Rr
0886700320 13 THE B0�F1NG 0201901PANr sTA gN$F MT1 1......72
AMERICAN BANK
[1985NACHEI AYE SW G-
-
886
700300 zl ` 1tZ202F.I ._ - En
R."TON_. ��
I 31 h ( U
STA BNSF MITI 1019+95.27 i 8 Xa SECTION LEE \\\\\\\\\\\V I +�
• 0888700270 \\ \\ 129.78' I
I I ! I TFE BOEING COMPANY I��� ���
STA BNSF MTI 1019+75
fF2R 1 1-759250'3...093E'1_"
_M_rt 1.-01_5_+_7_4-18R MToto�
CT 10.27X82052' NO'00'28'W r22R-Ta 11 H 2020 R=5500
`;39gcory3`t(`�`I;II 8zi1
'I
)
1'
CHBRG S45'06'15W T 4 a5 STA'BNSF MI`s'1019+89.811 16 I I ----- �11 I�' I_,
m1I 1
1 cH=8.10 ( I (I (i9 i
g `.I.O�IBIR�G c55a934'37'W 0886700310 1 O z
MyfcJ AVE sw' THE 90E:NC COIPANY I 0880 700100 _-
- THE BOE:NG COIPANY
§ I In I I I
I rIi< II II
MATCH LINE(SEE SHEET RW-12)
—- - —----
PROPOSED:
— - - - - -------------
. ---- - -
OWNERSHIP TABLE --- PROPERivuNE
----- EASEMENT'UNE y
€ PARCEL TAX NAME TOTAL SW CONS_RUC1. ACCESS PERM ACCESS R ---- ?/ifi SECTION LNE
NO PARCEL ARA EAll ESM'T ESM'T ESM'T DUD USAGE NOTES
- 12 2523D490!9 CITY OF RENTON 2,168,9!2 SF 16.611 Y 12,527 S< 1,839 SF TEMPORARY ACCESS,HAULING OF MATERIALS,STAGING,SHOOFLY CM RUCTION CONSTRICTION EASEMENT °
13 0886700300 THE BOEING COMPANY 90,195 SF 6,154 SF PERMANENT ACCESS /// TEMPORARY ACCESS
EASEMENT
l 14 0886700280 'HE SEEING COMPANY 93,286 SE 76$F 18,970 SF 'FIAPpRARY ACCESS,HAUUNG OF MATERIALS,STAGING ® PERMANENT ACCESS
EASEMENT
1.5 OBBfi 700270 THE BOEING CCM?ANY 182,705 SF 32,737 SF 19,1}Z SF TEMP ACCESS,HAULING PE MATERIALS STAGING,TFL?RELOCATION OF FIBER OPTIC
17 0886700090 THE BOEING COMPANY 136,330 OF 50,598 BE 22714 SF TEMP ACCESS,HAULING OF MATERIALS,STAGING,TEMP RELOCATION OF FIBER OPPC
S 1B 0886700100 THE BOEEING CCLPANY 206,164 SF 32,637 SF TEMPORARY ACCESS,HAULING O-MATERIAL$
KEY PLAN
0,
Fl:oAlo:smuE-1276W004) .7°SF scaa TTY OF feetTR D
i HL 1276(005) A A*�( ^�
_ __ �ws As sHown � - C S AN ER BOULEVARD EXTENSION 3/Ts/TI
CALL 48 HOURS �,/ f
BEFORE YOU DIG 3330 90 A3e,a,as h,Sw Soo �Q z, E F — --- — — ___._— _____ __ r wrou P w RwTON RIGHT OF WAY PLANS
1-8D0-424-5555 (2n)lwar.wesnty(ZW43.aroo ,i -
(306i 931-2X10 fan:(206)931-3150 N0. REN6101+ BY PATE APPR ..m �' ` RaOert N.Manson P.F. Dote-- PLAN-3HEET4 RW-8 1
8�"15
NE 1/4,SEC 25,T 23 N,R 4 E,W.M.
$ _ MATCH LINE(SEE SHEET RW-6) .•-
1030+09 NZ�^20'E 1031.00- 1034+pp �T
y-
' l 1032+OOT�w 1033+pp 1035+a9 N2'07't5'F 1036+Op-_�`- 1038. ---��-
4 T
Q RI 1031+62 29 iC37+pp 00 1039+00 1040+DO 7041+p0
N2 06 20 RJw REFERENCE UNE 39
[IF 227.88 N2 07 ISE BNSF M71'LINE fillVl' ' STA BNSF MTI 1039+06.60
'C RS�.0 'C'c'.^4c� . 4'261 1
25t,56,
$ �. Y STA NSE MTI 1034+13.877` c�� T1 1 ^T--- -N�-07't5'E ��cT` 8n59022
\, \ \Y r STA BNSF M 034+43.87 _ A'BNSF MT 038 2654 �q 42'07 15"c --1--
�. ,•"`'•` I /�I. 51 R7 -•...•._ r} . . .• �.].C-V STA BNSF MTt 103e+30.26 -�
c <<L
-RIT
al OW6700050
17LQSgT- �.:S,pp 6000' zl THE BOEING COMPANY I
r\ STA BNSF Mil 1030+82.47 0886700090 1 e I _ l ---I __` 49226'
I\ 1170.00'4r 7 ME B4,NG COMPANY 0886700070 1.STA gNS�M 7 038+059e // ---�
�', THE BOEING COMPANY/ 70 W"RT / }
/ j/ i j/jj//ja O
a BNSF M-1 103e+31 —
H
LU
/ // // ✓// // ///,//, //� // //, //
I +�
I{(. "` _ _ 330.00' 1 30 00'I BO.6t' 572.72' 1 W
W{..........\\\\\ zi -- '-"1---1 LF-
GTA BNSF Mi1030+8STA BNSF MTI iC30+1--
2 =
fn
1r201 31 I GO
LU
Z A. el I W
W
/ �� NO'W'28W STA BNSF MT1 1034+1073 S7A BNSF Mit 1034.40.7e� SECTON LINE S. BNas.�11 1059+1637 I~
330.00' 1§�gi ..... 30 W' T I l31 j�4 R7_---._ ..J
STA NSF M'I 1030+80.48~_ _ I I
STA BNSF MTI 1030+29.88 I i
7 R1
//// 0005800017
j jj� B a_nofsEATTLE � i 1 r---U--1
// - J3 °'' 0666700060
08867001ANY
00 1 0886%000BD m� `THE BOEING COMPANY !
TH[BOEING
CONPI 7HE eOEING COMPANY
MATCH LINE(SEE SHEET RW-12)
4 PROPOSED:
$ ---- Row LN,
PROPERTY ONE
.'ASE.WNT UNE r.
s OWNERSHIP TABLE -- — v<SECTION IINe
i PARCEL TAX
EEE6 CONSTRUCTQV EASEMENT
NAME TOTAL R/WAGO CONSTRUCTOR I ACCESS PERM ACCESS R/W
NO PARCEL AREA
AGO SMT �SM'7 ESM
r DED USAGE NOTES
TEMPORARY ACCCSS
i
- - -
0 3 0005800017 CITY OF SEATTLE 65,250 SF ' 7,500 SF ---- ---. C //� EASEMENT
_ TEMPORARY ACCESS,HAULING O"MATERIALS N
7 08867000.50 THL BOEING COMPANY 768,437 SF - - --- --
� 29,416 SF tiEA1P0RAR7 ACCESS,MAULING OF MATERIALS
17 0886700090 THE BOEING COMPANY -------- -- (SEE OWG RW-8)
n
18 0686700100 THE 9O7NC COMPANY ---------- _ tM
R (SEE DING RW-8) - I.
19 08M700070 THE BOEING COMPANY 127,495 SF 10,734=29 6¢ TEMPORARY ACCESS,HAULING OF MATERIALS,STAGING,SHOOFLY CONSTRUCTION
R 10
1 F.--slPu�-tzls(oo41 ^�o�OL'rRy -1 O� 80
"t _KEY PLAN
HPP-12/6(005)
3 ' ""- ---- ---- _ AAs snowN `'�° n CITY Or STR DEq BOULEVARD EXTENSION 3/ta/11
CALL 48 HOURS )
BEFORE YOU DIG o vmn� owl y�wlovl a ----
REN ANPHASE 1,SEGMENT 2A
E 1-800-424-5555 Fe°e' war,wemtgm 9eGorzwo �'mwv.,.vr" - -- — - - - - °®w I;--i wTuu A a. ce..wa,o�
--- fir we aPartmmt RIGHT OF WAY PLANS
(zo6;431 MIT Pm:tz66)a3laxw rw, ReisION OS• OATF ..m PLAN-SHEETS SRW-9
FOEert a HPneun P:E DON-
9 t3
*%r �.rr
EXHIBIT C
Fiber optic lines, rail embankment
Temporary Construction Access to City(Final)
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#0886700280
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LEGEND: �
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- I #0886700100
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CALL 48 HOURS ABAM ��� It- CITY OF
RL ON STRANDER BOULEVARD
ERD EXTENSION
11
a BEFORE YOU DIG -- - -
1-800-424-5555 GENERAL LAYOUT
federal Way Wasnlnytgi 980022600 - .,�«`h
4 (2a7 a3i-zmo w:Ros>a3E-zuo �T. �,�ak, ar _r.le ,•,n ,.,.-' .a••,�^^� ._.. E%HIBITC