HomeMy WebLinkAboutPermitI?AG— 0;01-8 8.
City of Renton
MASTER STREET USE PERMIT
Section 1: There is hereby given and granted unto The Boeing Company acting
through its division, Boeing Computer Services, a Delaware Corporation, its successors and assigns
for a period of five years from the taking effect of this Permit, the right, privilege, and authority to
lay down, construct, operate, maintain, replace, alter, remove and repair one or more communication
lines, together with all equipment support structure and appurtenances thereto, for the
telecommunications under, below and through certain public right-of-ways and other public lands
within the City of Renton.
Section 2: This Permit is granted upon the express condition that it shall not be
deemed or held to be an exclusive Permit in, along, over, through, under, below or across any of said
right-of-ways, streets, avenues or all other public lands and properties of every type and description,
within the City of Renton, and such Permit shall in no way prevent or prohibit the City of Renton or
its tenants from using any of said roads, streets or other public or tenant properties or affect its
jurisdiction over them or any part of them, with full power to make all necessary changes,
relocations, repairs, maintenance, establishment, improvement, dedication of same as they may deem
fit, including the dedication, establishment, maintenance and improvement of all new right-of-ways
and thoroughfares and other public properties of every type and description. Boeing, as Grantee
herein, agrees and covenants at it's sole cost and expense to protect, support, temporarily disconnect,
relocate or remove from any street any of its installations when so required by the City of Renton by
reason of traffic conditions, public safety, street vacations, dedications of new right-of-ways and the
establishment and improvement thereof, freeway construction, change or establishment of street
grade, or the construction of any public improvement or structure by any Governmental agency
acting in a Governmental capacity, provided that Grantee shall in all such cases have the privilege to
temporarily by-pass, in the authorized portion of the same street, upon approval by the City of
Renton, any section of pipe line required to be temporarily disconnected or removed.
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Section 3: All construction, and installation work whenever same crosses any of
the public properties shall be done under the supervision of and upon the inspection of the Public
Works Director, and Grantee shall timely submit unto the Public Works Director, prior to any such
work, detailed plans and specifications of any such proposed work. The location of any Permit
property in a street, Municipal Airport, or other public area shall be subject to the approval of the
Public Works Director and such approval shall be given in writing.
Section 4: This Permit shall be void if Grantee shall not within thirty days of the
adoption of this Permit file its written acceptance thereof with the Department of Public Works of the
City of Renton.
Section 5: All pipe and other components of any communication line, and
appurtenance thereto, to be placed within any street right-of-way, Municipal Airport, or other public
property shall be designated, manufactured and installed in accordance and in full compliance with
the provisions and terms of the ASTM Steel Sch. 40, PVC Sch. 80, or Sch. 40 in concrete
encasement.
Section 6: During any period of construction, all surface structures, if any, shall
be erected and used in such places and positions within said public right-of-ways, and other public
properties so as to interfere as little as possible with the free passage of traffic and the free use of
adjoining property and tenants and Grantee shall at all times post and maintain proper barricades
during such period of construction as required by the laws and statutes of the State of Washington.
All pipe lines constructed and installed by Grantee within the City of Renton shall be located, buried
and installed to a depth of not less than three feet and as otherwise provided for in the aforesaid
Code, the laws of the State of Washington and the Ordinances of the City of Renton, now or hereafter
in force, regulating such installations.
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Grantee shall establish and maintain at all times adequate facilities on the portion of
each pipe line installed under the authority of this Permit, and elsewhere on the same pipeline, to
promptly localize operating troubles and to minimize the effects thereof, whether on City streets or
on their use by the public.
Section 7: Grantee, its successors and assigns, hereby agrees and covenants to
promptly repair any damage to City or tenant property of every type and nature and all other City or
tenant improvements caused by the failure of Grantee's work during the life of this Permit should it
be necessary to make any excavation within any public right-of-way, in the laying, constructing,
maintenance, removing, replacing, altering or repairing of any such pipe line or structure, Grantee
shall without delay and at Grantee's sole cost and expense, restore the surface of said right-of-way or
other public or tenant property to at least the same condition immediately prior to any such
installation and construction. Grantee shall comply with all Ordinances and regulations of the City of
Renton, Washington regarding such excavation and whenever deemed necessary by the Public Works
Director shall be required to post a performance bond in favor of the City warranting, among other
things, that such restoration work will be done promptly and in a proper, workmanlike manner.
Section 8: Grantee, its successors and assigns, agrees and covenants to indemnify
and hold harmless the City of Renton from and against any and all liability, loss, cost, damage,
whether to persons or property, or expense of any type or nature to the extent it arises from any
negligent act or omission or willful misconduct of Grantee, its successors and assigns arising from or
connected to the Grantees work under this Permit, provided, however, that in case any suit or action
is instituted against the City by reason of any such damage or injury, the City shall (i) cause written
notice thereof to be given unto Grantee and (ii) all reasonably requested assistance in defense or
settlement of such claim at Grantees expense, and (iii) the right to control the defense or settlement of
such claims.
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Section 9: For the purpose of compelling compliance by the Grantee with all the
terms and conditions of this Permit and the maintenance of said pipe lines and facilities in good
condition, City retains the right to end and terminate and fully forfeit the Permit herein granted,
within thirty days after written notice unto Grantee, whenever Grantee fails to comply with any of the
material terms and conditions hereof. Upon such forfeiture the City shall have the right to require
Grantee to remove any and all of its pipes, appurtenances and equipment within the City of Renton,
all at Grantee's cost and expense, and to promptly and timely restore all roads and other public
properties to the condition immediately prior to any such forfeiture and termination.
Section 10: The City of Renton reserves unto itself the right and power at all times
to reasonably regulate in the public interest and for the public welfare the exercise of all Permit rights
granted herein.
Section 11: The laying, construction, installation, maintenance and operation of
said pipe lines and facilities in connection therewith shall not preclude the City of Renton, its
authorized agents, contractors and representatives from blasting, grading, excavating or doing other
necessary or public works over, unto, abutting, or contiguous to Grantee's pipe line or facilities,
provided, however, that Grantee shall be given forty-eight hours written notice of any such blasting,
grading or excavating so that Grantee may take proper steps to protect its pipe line and facilities.
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Section 12: Except for damage, injury or loss caused by the City of Renton under
paragraph 12, Grantee shall have no recourse whatsoever against the City of Renton for any loss,
cost, expense or damage arising out of any provision or requirement of this Permit or the enforcement
thereof. This Permit does not relieve the Grantee of any requirement of any City Ordinance, rule or
regulation or specification of the City, including but not limited to any requirement relating to street
work, street excavation permits and fees therefore, or the use, removal or relocation of property and
streets. No privilege nor exemption is granted or conferred unto Grantee by this Permit except those
specifically prescribed herein, and any such privilege claimed under this Permit by the Grantee in any
street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement
or installation therein.
Section 13: In the event the use of any Permit property is permanently
discontinued, or no Permit has been obtained therefore upon expiration of this Permit, or within thirty
days after any termination of this Permit, then Grantee shall promptly remove from the streets and
other properties all of its facilities, other than any the City may permit to be temporarily or
permanently abandoned.
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Section 14: The Grantee shall, within ten days after the award of this Permit, file
with the City of Renton Department of Public Works at all times thereafter maintain in full force and
effect an acceptable corporate surety bond in duplicate effective for the entire term of this Permit,
and conditioned that in the event it's Grantee shall fail to comply with any one or more of the
provisions of this Permit then there shall be recoverable jointly and severally from the principal and
surety of such bond any damages suffered by the City as a result thereof, including the full amount of
any compensation, indemnification or cost of removal or abandonment of properties hereinabove
described, up to the full amount of the said bond, said condition to be a continuing obligation for the
duration of this Permit and thereafter until the Grantee has liquidated all of its obligations with the
City of Renton or may have arisen from the acceptance of such Permit by the Grantee or from its
exercise of any privilege herein granted. The bond initially filed in accordance with the requirement
of this Section shall be in the amount of Ten Thousand Dollars ($10,000.00). In the event of
substantial change in the volume of street space occupied by Permit properties, the City may permit
or may require a corresponding change in the amount of such bond.
Neither the provisions of this Section or any bond accepted by the City pursuant
thereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful
performance by the Grantee or to limit the liability of the Grantee under the Permit or for damages,
whether to the City or members of the public generally, either to the full amount of the bond or
otherwise.
Section 15: Upon application to the City of Renton, Department of Public Works
by Grantee, the Department of Public Works may authorize Grantee to install, construct and/or retain
in City streets additional communication lines, as contemplated in Section 1 hereof, in a manner
satisfactory to the Department of Public Works; such additional installations shall be subject to all of
the terms and conditions of this Permit and to any such additional conditions as may be prescribed by
the Department of Public Works as to any such additions.
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this Permit, Grantee shall pay unto the City, in consideration of the issuance of this Permit, a sum
equal to the total number of lineal feet of pipe line located within the City limits of Renton on the
first day of January of each year, multiplied by the rate $.05 (5 cents per lineal foot) but the minimum
sum to be paid to the City annually will be no less than Five Hundred Dollars ($500.00).
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ACCEPTED BY GRANTEE, The Boeing Company, acting through it's Boeing Computer
Services Division, this 4th day of Au 11988
G. F. James
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