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PERMIT FOR LIMITED USE we PAG-11-001
Permit No. 032305-12162010
LIMITED USE PERMIT made this ��day of December, 2010 by and between PUGET
WESTERN, INC., a Washington corporation ("Puget Western" herein) and City of Renton
("Permittee"herein).
Puget Western hereby grants permission to Permittee to use the property as described on Exhibit
"A"attached hereto(the"Property" herein)situated in King County,Washington:
1. TERM. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit
is twelve(12)months, beginning January 1, 2011, and terminating December 31, 2011.
2. RENT. Rent is hereby waived.
3. PERMITTEE'S USE OF PROPERTY IS LIMITED TO: automobile parking together with
the right to clear and grade the Property to prepare the site for said use. It is understood
that Puget Sound Energy has facilities located on the Property and any grading activities
shall include a locate of all utilities that may be on the Property by Permittee.
Additional use of the property is not allowed without Puget Western'srp for written
approval.
4. LIMITATIONS ON USE. Permittee shall comply with all laws and ordinances applicable
to the Property and Permittee's use thereof, and shall keep the property free from any and
all liens which might arise as a result of Permittee's use and occupancy of the Property.
5. INDEMNITY. Indemnitee and Release: Permittee releases and shall defend, indemnify
and hold Puget Western harmless from all claims, losses, harm, costs, liabilities,
damages and expenses (including, but not limited to reasonable attorneys'fees), suffered
by any person or entity, in any manner directly or indirectly arising out of or in connection
with Permittee's use of the property. To the fullest extent permitted by applicable law, this
paragraph shall apply regardless of any fault, negligence, or strict liability of Puget
Western, and to any claim, action, suit or proceeding brought by any employee of
Permittee or its agents provided that Permittee shall not be required to so indemnify
Puget Western against liability for damages to the extent caused by or resulting from the
sole negligence of Puget Western, its agents or employees; and provided further that, in
the case of concurrent negligence of Permittee or its agents or employees and Puget
Western or its agents or employees, Permittee shall indemnify Puget Western only to the
extent caused by or resulting from the proportionate negligence of Permittee, its agents or
employees.
Insurance: Permittee shall have their insurance agent/broker complete and return an
insurance certificate form as evidence that policies providing insurance with the coverage
and limits deemed appropriate by Puget Western as well as the additional insurance
provision outlined herein are in full force and effect. All insurance shall:
(a) Be place with such insurers and under such terms of policies as may be
acceptable to Puget Western.
(b) With the exception of Worker's Compensation and Employers' Liability, be
endorsed to name Puget Western as additional insured.
(c) Be primary insurance with respect to the interest of Puget Western.
(d) With the exception of Worker's Compensation and Employers' Liability, apply
severally and not collectively to each insured against whom claim is made or
suit is brought, except that the inclusion of more than one insured shall not
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operate to Increase the insurance company's limits of liability as set forth in the
insurance policy.
6. ASSIGNMENT. This permit is not assignable by Permittee. However, it is assignable by
Puget Western.
7. RESTORATION. Upon termination of this permit and upon written notice from Puget
Western, Permittee shall remove any facility which Permittee has placed upon the
Property and shall otherwise restore the Property to as good a condition as it was prior to
the installation of said facility on the property. In the event the Property is not restored to
a condition acceptable to Puget Western, Permittee shall compensate Puget Western for
any damage to the Property which may arise as a result of Permittee's use of the
Property.
8. ENTIRE AGREEMENT. This Permit contains all the agreements between the parties;
and there shall be no modification of the agreements contained herein except by written
instrument.
EXECUTED AS OF THE DATE FIRST ABOVE WRITTEN.
ACCEPTED:
CITY OF RENTON PUGET WESTERN, INC.
By: t--' By: (/
Its: A Its:
,
12
Renton City Hall - Floor
1055 South Grad Way
Renton, WA 98055
Attn.: Terry Higashiyama
Telephone No.: (425)430-6606
Fax No.: (425)430-6603
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Exhibit"A"
LEGAL DESCRIPTION:
PARCEL A:
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 8,TOWNSHIP 23 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SAID POINT BEING
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 758 FEET,
MORE OR LESS, TO A POINT 100 FEET DISTANT EASTERLY FROM, MEASURED AT RIGHT
ANGLES TO, THE CENTER LINE OF PACIFIC COAST RAILROAD COMPANY'S LAKE
WASHINGTON BRANCH;
THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 100 FEET DISTANT
FROM, MEASURED AT RIGHT ANGLES TO, THE CENTER LINE OF SAID RAILROAD, A
DISTANCE OF 221 FEET, MORE OR LESS, TO A POINT DISTANT 200 FEET SOUTHERLY
FROM, MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID LOT 1;
THENCE EASTERLY ALONG A LINE PARALLEL WITH,AND 200 FEET DISTANT FROM,
MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID LOT 1 TO THE EAST LINE
OF SAID GOVERNMENT LOT;
THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING;
EXCEPT PORTION THEREOF LYING EASTERLY OF STATE ROAD NO. 405;
AND EXCEPT THOSE PORTIONS AND INTERESTS CONVEYED TO THE STATE OF
WASHINGTON BY DEEDS RECORDED UNDER RECORDING NOS. 4762273 AND 6189556.
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Exhibit"A" (Continued)
PARCEL B:
TRACTS 312, 313, 314 AND 315 OF C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF
EDEN ADDITION TO SEATTLE, DIVISION NO. 5, ACCORDING TO PLAT RECORDED IN
VOLUME 11 OF PLATS AT PAGE(S)83, IN KING COUNTY,WASHINGTON;
EXCEPT THE NORTHERLY 235 FEET THEREOF;
EXCEPT THE WESTERLY 60 FEET OF SAID TRACT 312 CONVEYED TO KING COUNTY
FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 1035005;
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNDER RECORDING NO.4660014;
AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED BY THE STATE OF
WASHINGTON UNDER DECREE ENTERED JUNE 24, 1966 IN KING COUNTY SUPERIOR
COURT CASE NO. 656276.
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