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Home My WebLink AboutPermit PAG-08-002 THE CITY OF SEATTLE-SEATTLE PUBLIC UTILITIES PERMIT and AGREEMENT Permit#337- 701 This Permit and Agreement terminates and replaces SPU Permit#U71-008 THIS AGREEMENT is entered into by and between THE CITY OF SEATTLE, SEATTLE PUBLIC UTILITIES, (hereinafter"SPU"), and the CITY OF RENTON, (hereinafter"Renton"): SPU does hereby grant, to the extent of its authority, for and in consideration of the mutual and offsetting benefits contained herein, a non-exclusive permit to the City of Renton: to use the surface of the City of Seattle's 66' Cedar River Pipeline Right-of-Way (CRPL RNV) in order to provide public access to Phillip Arnold Park, emergency vehicle access to the Falcon Ridge and Renton Heritage Hill developments, and access by school busses across the NE Y4 and the NE % of the SE % of Section 20, Township 23, Range 5 East, W.M., King County, WA. As shown on Exhibits "A"& "B", attached. SUBJECT to City of Seattle ordinances and regulations and to the following terms: SPECIAL TERMS: 1. Renton will open the right-of-way gates every morning and lock the right-of-way gates every evening. 2. No construction vehicles shall be allowed on any portion of SPU's CRPL RNV without prior written approval from SPU. 3. SPU authorizes and Renton agrees to provide law enforcement for the right-of-way permit area. 4. SPU authorizes and Renton agrees to clean-up debris and material dumped or abandoned in the right-of-way permit area. GENERAL TERMS: 1. SPU will at all times have unrestricted access to the permit area for the operation, maintenance and repair of its water pipelines. 2. Renton's use of SPU's right of way shall in no way interfere with SPU's present or future use of said right of way for any purpose. 3. SPU reserves the right to close the permit area to travel when necessary for its operational needs. 4. The use herein granted is for access road purposes only. This permit does not authorize the installation of drainage or utilities. 5. No walls, rockeries, fences, poles, sidewalks, trees, or changes in grade of the surface of the right of way, shall be installed, constructed or accomplished without permission in writing from Seattle Public Utilities. 6. No vehicles or loads other than those permitted by the City of Renton on any and every street in the City of Renton, shall be permitted on the permit area without written permission from Seattle Public Utilities. 7. Renton agrees to maintain the roadway surface in order to keep it in a safe and passable condition at all times and to take such measures as may be necessary to abate dust from traffic using the roadway. 8. Renton agrees that SPU shall not be liable for restoration of the road surface, including by reason of any construction, alteration or improvement by SPU, its agents or representatives. 9. Renton shall perform no work or make no improvements on the right of way without the written permission of Seattle Public Utilities. If work is approved by SPU, such work shall be prosecuted with %W VAO diligence, and with due respect to all property, contracts, persons, rights and the interests and convenience of the public. Renton agrees to restore the premises to the condition found, or better. 10. Renton agrees to maintain compliance with any and all environmental laws and not to cause or permit the property to become contaminated with any hazardous substances in violation of environmental laws. In the event the property becomes contaminated resulting from Renton's use for the purposes herein granted, Renton agrees to clean up and remediate damage to property and to bring the property in compliance with the environmental laws. Renton agrees to indemnify, release and hold harmless SPU from any environmental liability which may arise out of, result from, or be related to Renton's past, present, or future contamination of the property. 11. The annual use fee for this permit shall be $ mutual and off-setting benefits due and payable in advance. This fee may be subject to change in the future. 12. Either party my revoke this permit upon thirty days notice to the other. 13. Payment of application fee: $ 0 . 14. To the fullest extent permitted by law, the City of Renton agrees that the City of Seattle shall not be responsible for any injury, loss or damage of any kind or description which may accrue to or be sustained by any person, firm, corporation or other entity by reason of the City of Renton's use and occupancy of the property referenced above by the City of Renton, its invitees or assigns. In the event any suit or action be brought against the City of Seattle by reason thereof, the City of Renton or its assigns, shall indemnify and save the City of Seattle harmless therefrom, and shall upon notice to it of the commencement thereof, defend such suit or action at its sole cost and expense and will fully satisfy the final judgment rendered in any such suit or action except for that portion, if any, of such injury, loss or damage that results in such judgment, which is attributable to and proximately results from negligence of the City of Seattle, its agents, employees or officers. 15. CONTACTS: Seattle Public Utilities City of Renton Routine operational issues, 425.255.2242. For routine operational issues and in case of Property management issues, 206.684.5969 emergency, please contact PBPW/Maintenance In case of emergency, 206.386.1800 Division, 425.430.7400 For property management issues, please contact PBPW/Technical Services, 425.430.7209 APPROVED B1G LE7BLIC UTILITIES ACCEPTED BY THE CI OF RENTON Date r: t <f c Date By (� BY Z. Ron Perker wicz �_ Gregg Zi rmat administrator Manager, eal P erty Services Planning/Building/Public Works 710 Second Ave. Renton City Hall 10th Floor Mailroom 1055 South Grady Way Seattle, WA 98104 Renton, WA 98055 /—Ib—VGr G-yVYIVi.JYV HCHL YHVY JVLJ s r .. . VAWOI EXHIBIT "All h r• ' li ♦� 1 �� IC hr a .•i t.! ,� l ter- '3'�• �,� p •��' ^� '� '�, � �,D�i�`' ,,; �' T.. >r L..` 1i r -fit- h / _-rte war ! •� . � +�• •r i� ta''. ;:� r•' a '.rc 's. � . ,,,�° �G�OR� �t'wY�� 1 '� ' 41• .;1t� •;�� +,,,.,.c u 1 �, P�OGF• - , t �.l'i,' ,,*..jO,"..,R��ay.' d.. i Gl - 41A v ••', a �. ;�� .<�a♦ '• � •>Y �� ' I lav QaaW./ r � / Fes, 'f �.r ~. •, ��...• � �� ,/. /�/. .2. i -ice 1• i / // / / 'l .r.l u �1 r!• 1 r''•[' ��a, �'1� 7NpN ./�5M7 •� / /. ! /' OWPANY $SReL o4 41 EONN/ / � ►Rl � /� y,NE' •r! /-� .- •ice _ PERMIT AREA r.t ; �. J7 .. 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