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HomeMy WebLinkAboutPermit PERMIT FOR LIMITED USE *..1 PAG-08-001 Permit No. 032305-05192006 LIMITED USE PERMIT made this day of , 200 by and between PUGET WESTERN, INC., a Washington corporation ("Puget Wester 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, 2008, and terminating December 31, 2008. 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's prior 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 Permit For Limited Use Initials Sunset Blvd Site City of Renton Permittee Initials1 WIt LUP-City 120132007.doc operasre 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 WESTERNIL, --INC By: �� �—_ __ By: . Its: Its: President Renton City Hall-5th Floor 1055 South Grady Way Renton, WA 98055 Attn.: Terry Higashiyama Telephone No.: (425)430-6606 Fax No.: (425)430-6603 Permit For Limited Use Initials Sunset Blvd Site City of Renton Permittee Initials LUP-City 120132007.doc w.rIftoo 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. Permit For Limited Use Initials Sunset Blvd Site City of Renton Permittee Initials LUP-City 120132007.doc low# 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. Permit For Limited Use Initials Sunset Blvd Site City of Renton Permittee Initials LUP-City 120132007.doc CORRESPONDENCE SECTION �sr ver ADMINISTRATIVE, JUDICIAL, AND „Y , LEGAL SERVICES DEPARTMENT M E M O R A N D U M DATE: January 18, 2008 TO: 1 Jerry Rerecich, Community Services FROM: J" Sandi Weir, Records Management Specialist SUBJECT: PAG-08-001 —Puget Western, Inc. The attached document has been fully executed and is being returned to you. The City Clerk has retained an original for the file. Thank you! Attachment ,..,,)NTRACT CHECKLIST(revised Ma,,,�oS) CITY OF PENTON STAFF NAME&EXTENSION NUMBER: Jerry Rerecich #6615 AN 1 7 2008 DIVISION/DEPARTMENT: Recreation/Community Services RECEIVED GITY CLERK'S OFFICE CONTRACT NUMBER: (Assigned by City Clerk Division.) VA 6 O ' o 0 k TASK ORDER NUMBER: (I£applicable.) CONTRACTOR: f Q,Q,lf/1�I �T G Pu,�wes n PURPOSE OF CONTRACT: Agreement for overflow parking 6-hy 4 ® 1. LEGAL REVIEW: (Attach memo from City Attorney.) ® 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach memo from HRRM Administrator.) ❑ 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) ® 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original.) ❑ 5. CITY BUSINESS LICENSE NUMBER:NA (Call Finance Department.) ❑ 6. ACCOUNTS PAYABLE W-9 VENDOR FORM: (If not already on file with the Finance Department, make sure the contractor completes the form and submits it to the Finance Department.) ❑ 7. PERFORMANCE BOND VERIFICATION IF PUBLIC WORK CONTRACT: (Attach memo.) ❑ 8. MEMO TO MAYOR IF COUNCIL APPROVAL NOT REQUIRED: (Explain contract purpose, budget source,work program fit, and scope of work.) ❑ 9. CHECK FEDERAL EXCLUDED PARTIES LIST (DEBARRED BIDDERS): (Access web site through RentonNet-Useful Links-Excluded Parties List System - Attach printout of search results; debarred contractors cannot be used.) ®_ 10. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: (If not,provide explanation.) 11. FISCAL IMPACT: (see 12.13.) A. AMOUNT BUDGETED: (LIME ITEM) NA B. EXPENDITURE REQUIRED: NA 12. COUNCIL APPROVAL REQUIRED IF: (Prepare Agenda Bill;see Policy&Procedure 250-02.) A. CONTRACT OR TASK ORDER IS $50,000 OR OVER. (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACT IS $20,000 OR OVER. (Refer to Council committee.) D. INTERLOCAL AGREEMENT. (Requires resolution.) 13. DATE OF COUNCIL APPROVAL: (If applicable.) 14. RESOLUTION NUMBER: (If applicable.) 15. KEY WORDS FOR CITY CLERK'S ELECTRONIC INDEX: DC/forms/city/contracts/cklist.doc/CoR Rev:3/05 *41W Iftw From: "Larry Warren" <Ijwarren@seanet.com> To: "'Gerald Rerecich"' <Jrerecich@ci.renton.wa.us> Date: 1/10/2008 3:57:43 PM Subject: RE: Limited Use Permit-Puget Western Looks fine. -----Original Message----- From: Gerald Rerecich [mailto:Jrerecich@ci.renton.wa.us] Sent: Wednesday, January 09, 2008 1:42 PM To: Larry Warren Subject: Fwd: Limited Use Permit- Puget Western Hi Larry, Enclosed for your approval is a draft agreement between Puget Western and the City of Renton. The purpose of the agreement is to allow parking, on a overflow basis, from Coulon Park on a site across from Coulon owned by Puget Western. Please let me know if you have questions. Thanks Jerry WA P Insurance Authority P.O. l,ox 88030 "1iikwila, WA 98135 10-Jan-08 Cert#: 5370 Phnnc: 206-5'5-6046 Additional Property Interest: I-irA: 20'1)-575--4210 Puget Western, Inc. ATTN: Bob Wheeler 19515 North Creek Parkway, suite #310 Bothell,WA 98011 RE: City of Renton Limited Use Permit- parking lot on Puget Western property - For overflow parking of Gene Coulon Memorial Beach Park patrons Evidence of Coverage This is to certify that the above captioned municipal corporation is a member of the Washington Cities Insurance Authority (WCIA) and is protected for property coverage under the WCIA Joint Property Protection Agreement to a loss limit of$500,000 per occurrence, excess of the member's individual deductible. Coverage provides for all risks of direct physical loss or damage, subject to policy terms, conditions and exclusions for real and/or personal property, including inland marine exposures and/or automobile physical damage. Sincerely, -e6 Z-1 Eric B. Larson Deputy Director cc Michael R. Webby Jerry Rerecich cproplet